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Agenda Packet - 08-06-19 CC HA - Final
AGENDA OF AN ADJOURNED REGULAR MEETING - NATIONAL CITY CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OFTHE CITY OF NATIONAL CITY CALIFORNIA NATIONAL Orr J337 �ACORPORATED ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmember GONZALO QUINTERO 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, AUGUST 6, 2019 - 5:00 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 362 CC/CDC-HA Agenda 8/6/2019 — 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 362 CC/CDC-HA Agenda 8/6/2019 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS CONSENT CALENDAR 1. 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) 2. Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of March 19, 2019, April 2, 2019 and May 7, 2019 and the Special Meetings of the City Council of the City of National City of March 19, 2019, May 7, 2019, May 21, 2019 and June 18, 2019. (City Clerk) 3. Resolution of the City Council of the City of National City authorizing the Mayor to execute a City of San Diego Office of Homeland Security Grant Subaward Amendment for an additional appropriation of $17,100 for a new total of $25,655 to the Reimbursable Grant Citywide account for the FY18 Urban Area Security Initiative (UASI) Grant for the reimbursable grant purchase of equipment for the Police Department. (Fire) 4. Resolution of the City Council of the City of National City authorizing the Mayor to execute an application to the California Department of Housing and Community Development (HCD) for SB2 Planning Grants Program Funds in the amount of $310,000. (Housing Authority) 3 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 4 5. Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement executed by the Chief of Police pursuant to Council Resolution 2018-54 between the National City Police Department, the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $65,000. (Police) 6. Resolution of the City Council of the City of National City, 1) ratifying the acceptance of funds in the total amount of $46,320 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY17 through FY19 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) ratifying the establishment of corresponding revenue budgets for FY17 through FY19; 3) ratifying the appropriations and expenditures in the amount of $15,420 for FY17; and 4) approving the establishment of Trash Rate Stabilization Fund appropriations for FY18 and FY19. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. (Housing Authority) 8. Resolution of the City Council of the City of National City, 1) authorizing the acceptance of the County of San Diego's Community Enhancement Program grant funds of $10,000 for the special event "A Kimball Holiday", with no matching funds required; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego to receive FY20 Community Enhancement Program grant funds; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $10,000 and corresponding revenue budget. (Community Services) 9. Warrant Register #48 for the period of 5/22/19 through 5/28/19 in the amount of $1,138,570.67. (Finance) 10. Warrant Register #49 for the period of 5/29/19 through 6/04/19 in the amount of $2,122,486.61. (Finance) 11. Warrant Register #50 for the period of 6/05/19 through 6/11/19 in the amount of $389,096.84. (Finance) 4 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 5 12. Warrant Register #51 for the period of 6/12/19 through 6/18/19 in the amount of $2,120,783.05. (Finance) 13. Warrant Register #52 for the period of 6/19/19 through 6/25/19 in the amount of $1,535,673.08. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 14. Public Hearing and Adoption of a Resolution of the City Council of the City of National City approving a Tentative Subdivision Map for the subdivision of one parcel into five lots at property located at "C" Avenue south of East 27th Street with an exception for less than required street frontage. (Applicant: Clint Muhe/Alvin Washington) (Case File No. 2019-03 S) (Planning) 15. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 8.34 (Beekeeping) of the National City Municipal Code related to the keeping of bees in the City. (Applicant: City -Initiated) (Case File No. 2019-10 A) (Planning) NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller Inc. in the not -to -exceed amount of $1,010,101.01 for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11; 2) authorizing a 15% contingency in the amount of $151,515.16 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $8,485,480.94; 2) authorizing the City Manager or his designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $8,485,480.94 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project. (Engineering/Public Works) NEW BUSINESS 18. Temporary Use Permit - Request from Environmental Health Coalition to conduct the Healthy Cities, Healthy Residents Active Transportation Pop - Up Event at the intersection of Hoover Avenue and 18th Street on September 12, 2019 from 1 p.m. to 3 p.m. with no waivers of fees. (Neighborhood Services) 5 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 6 19. Notice of Decision - Planning Commission approval of a Conditional Use Permit for an adult school (Interamerican College) in Sweetwater Plaza Shopping Center located at 1727 Sweetwater Road, Suites 209-212. (Applicant: Reymundo Marin) (Case File No. 2019-07 CUP) (Planning) 20. Time Extension Request - Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File No. 2016-23 S) (Planning Division) 21. A Request to Initiate a Street Vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) (Planning) 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 - August 20, 2019 - 6:00 p.m. - Council Chambers - National City, California. 6 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 7 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. 7 of 362 Item # 08/06/19 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) 8 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 9 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meetings of the City Council and Community Development Commission - Housing Authority of the City of National City of March 19, 2019, April 2, 2019 and May 7, 2019 and the Special Meetings of the City Council of the City of National City of March 19, 2019, May 7, 2019, May 21, 2019 and June 18, 2019. (City Clerk) Please scroll down to view the backup material. 9 of 362 Item # 08/06/19 APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 19, 2019, APRIL 2, 2019 AND MAY 7, 2019 AND THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF MARCH 19, 2019, MAY 7, 2019, MAY 21, 2019 AND JUNE 18, 2019. (City Clerk) 10 of 362 Book 101 / Page 50 03-19-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY March 19, 2019 The Special Meeting of the City Council of the City of National City was called to order at 5:00 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 5:00 p.m. CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez and Robert Meteau. Employee Organization: Firefighters' Association 2. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) McKercher v. Morrison USDC 18-CV-1054-JM-BLM 3. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Carlsbad Police Officers Association et. al. v. City of Carlsbad, et al. SDSC Case No. 37-2019-00005450-CU-WM-CTL 4. Personnel Matter — Government Code Section 54957(b)(1) Public Employee Appointment — Interim / Acting City Manager Position ADJOURNMENT Next Regular City Council Meeting: Tuesday, March 19, 2019 - 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. 1 Mayor 11 of 362 Book 101 / Page 51 03-19-2019 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 19, 2019 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:05 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Denham, Manganiello, Meteau, Morris -Jones, Olson, Parra, Raulston, Roberts, Tellez, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Council Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY COUNCILMEMBER MONA RIOS PUBLIC COMMENTS Brian Clapper, Chamber of Commerce, thanked the Mayor and Council for sponsoring and participating in the annual installation dinner and community awards on January 25th and reported on upcoming events. Taylor DaCosta, Trauma Intervention Program (TIP), shared background information on their program, extended an invitation to an upcoming training opportunity, and provided contact information. Eddie Perez, National City, shared his thoughts on the City's financial deficit. PROCLAMATIONS AND CERTIFICATES PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 1. National City Celebrates International Women's Day and the 70th Anniversary of the Filipino American Women's Club of San Diego County AWARDS AND RECOGNITIONS COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14) 2. Introduction of New Employee - Elizabeth Estrella, Accounting Assistant. (Finance) 2 12 of 362 Book 101 / Page 52 03-19-2019 AWARDS AND RECOGNITIONS (cont.) COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14) 3. Employee of the Quarter 2019 - Santiago Marron, Building Trade Specialist. (Engineering/Public Works) COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14) 4. Retiree Service Recognition - Anthony J. Gaut, Equipment Maintenance Supervisor. (Engineering/Public Works) PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2019 (102-10-14) 5. Presentation on National City's Active Transportation Programs - Circulate San Diego. (Engineering/Public Works) COUNCIL MEETING PRESENTATIONS 2019 (102-10-14) 6. City of National City Single Audit Report on Federal Awards for the Fiscal Year Ended June 30, 2018. (Finance) COUNCIL MEETING PRESENTATIONS 2019 (102-10-14) 7. City of National City Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2018. (Finance) CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 8 (NCMC), Item Nos. 9 through 13 (Resolution Nos. 2019-28 through 2019-32), Item Nos. 14 and 15 (Temporary Use Permits), Item No. 16 (Report), Item Nos. 17 and 18 (Warrant Registers). Motion by Rios, seconded by Morrison, to approve the Consent Calendar, except for Item No. 9. Carried by unanimous vote. MUNICIPAL CODE 2019 (506-2-34) 8. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. 3 13 of 362 Book 101 / Page 53 03-19-2019 CONSENT CALENDAR (cont.) Member Quintero announced that he would recuse himself from voting on Item No. 9 on the advice of the City Attorney due to his previous position with Circulate San Diego. CONTRACT (C2016-17) 9. Resolution No. 2019-28. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A FIRST AMENDMENT TO THE AGREEMENT WITH CIRCULATE SAN DIEGO TO PROVIDE ON -CALL ACTIVE TRANSPORTATION PLANNING SERVICES TO SUPPORT NATIONAL CITY'S SAFE ROUTES TO SCHOOL PROGRAM AND OTHER COMMUNITY OUTREACH EFFORTS THAT PROMOTE ALTERNATIVE MODES OF TRANSPORTATION SUCH AS WALKING AND BIKING, INCREASING THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $300,000, FOR A TOTAL AGREEMENT AMOUNT OF $600,000, AND EXTENDING THE TERM OF THE AGREEMENT TO APRIL 4, 2022; AND AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO AGREEMENT. (Engineering/Public Works) TESTIMONY: Joan Rincon, National City, suggested that this item be considered separate from the Consent Calendar due to the dollar amount of the Agreement and to be more transparent with contracts. ACTION: Motion by Rios, seconded by Morrison, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios, Sotelo-Solis. Nays: None. Abstain: Quintero. Absent: None. City Attorney Angil Morris -Jones clarified that there was no legal conflict with Member Quintero participating in the vote. City Manager Leslie Deese provided clarification in regards to Ms. Rincon's comments by stating that the general rule of thumb in order to allow the flow of the Council agenda is that things over $1 million dollars would be under Non -Consent items; and any contracts that anyone would like to review are available in the City Clerk's office. CONTRACT (C2019-6) 10. Resolution No. 2019-29. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) APPROVING AN AMENDMENT TO THE CURRENT SERVICE AGREEMENT WITH RED TRUCK FIRE & SAFETY COMPANY FOR AN ADDITIONAL AMOUNT OF $35,000 FOR FIRE SPRINKLER SYSTEM REPAIR IN CITY -OWNED FACILITIES; AND 2) AUTHORIZING THE MAYOR TO EXECUTE THE AMENDMENT TO THE SERVICE AGREEMENT FOR A TOTAL NOT TO EXCEED AMOUNT OF $60,000. (Engineering/Public Works) ACTION: Adopted. See above. 4 14 of 362 Book 101 / Page 54 03-19-2019 CONSENT CALENDAR (cont.) ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 11. Resolution No. 2019-30. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN APPLICATION FOR GRANT FUNDS IN THE AMOUNT OF $914,300 FOR THE PARADISE CREEK PEDESTRIAN AND BICYCLE PATHWAY PHASE I PROJECT THROUGH THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM, ADMINISTERED BY THE CALIFORNIA NATURAL RESOURCES AGENCY; AND AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE THE GRANT AGREEMENT IF SELECTED FOR FUNDING. (Engineering/Public Works) ACTION: Adopted. See above. FINANCE DEPT ADMIN (1104-1-13) 12. Resolution No. 2019-31. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH FINANCIAL INSTITUTIONS ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. FINANCE DEPT ADMIN (1104-1-13) 13. Resolution No. 2019-32. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DESIGNATING THE OFFICIALS AUTHORIZED TO ORDER THE DEPOSIT AND WITHDRAWAL OF CITY MONIES WITH THE LOCAL AGENCY INVESTMENT FUND ON BEHALF OF THE CITY OF NATIONAL CITY. (Finance) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2019 (203-1-35) 14. Temporary Use Permit - The 11th Annual GranFondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 7, 2019 from 7:15 a.m. to 5:00 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. TEMPORARY USE PERMITS 2019 (203-1-35) 15. Temporary Use Permit - St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on April 19, 2019 from 3:00 p.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2019-2020 (204-1-34) 16. Investment Report for the quarter ended December 31, 2018. (Finance) ACTION: Approved. See above. 5 15 of 362 Book 101 / Page 55 03-19-2019 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 17. Warrant Register #32 for the period of 01/30/19 through 02/05/19 in the amount of $1,614,568.82. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 18. Warrant Register #33 for the period of 02/06/19 through 02/12/19 in the amount of $2,076,835.43. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS BLOCK GRANT PROGRAM ADMIN 2019-2020 (406-1-34) 19. Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2019-2020 Annual Action Plan and the allocation of 2019-2020 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2019-2020 Annual Action Plan. (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing and approve recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement. TESTIMONY: Estela DeLosRios, CSA San Diego County, thanked the Council and Housing staff for their support and collaborating with them in mediating tenant/landlord issues. George Ibarra, CSA Fair Housing, announced that the Fair Housing Act of 1968 will be celebrated in April and thanked the Council for allowing them to be a fair housing provider and welcomes continued staff collaboration. He provided a brief background of services that the organization offers and recognitions received. ACTION: Motion by Quintero, seconded by Morrison, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Quintero, to approve the Staff Recommendations for the CDBG and Home Funding allocations from the sources identified in the financial statement in the report. Carried by unanimous vote. Member Rios requested an itemized list of funding requested for the Casa de Salud Youth Afterschool Program. 6 16 of 362 Book 101 / Page 56 03-19-2019 NON CONSENT RESOLUTIONS ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 20. Resolution No. 2019-33. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) RATIFYING THE CITY MANAGERS DECLARATION OF EMERGENCY FOR THE VALLEY ROAD CHANNEL SLOPE STABILIZATION AND WAIVING OF COMPETITIVE BIDDING PROCEDURES UNDER EMERGENCY CONDITIONS CONSISTENT WITH THE PROVISIONS INCLUDED IN SECTION 22050 "EMERGENCY CONTRACTING PROCEDURES" OF THE CALIFORNIA PUBLIC CONTRACT CODE AND SECTION 2.60.230 "EMERGENCY PURCHASES -EMERGENCY DEFINED" OF THE NATIONAL CITY MUNICIPAL CODE; AND 2) APPROVING AN INCREASE OF $80,000 TO THE GENERAL FUND ENVIRONMENTAL COMPLIANCE CONTRACT SERVICES APPROPRIATION THROUGH USE OF GENERAL FUND FUND BALANCE FOR COMPLETION OF THE EMERGENCY WORK. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution ratifying the City Manager's declaration of emergency for the Valley Road channel slope stabilization and approving an increase of $80,000 to the General Fund Environmental Compliance Contract Services appropriation through use of General Fund fund balance. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2019 (403-32-3) 21. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the modification of an existing wireless communications facility on a sign located at 1900 East Plaza Boulevard. (Applicant: Chris Ward/T- Mobile) (Case File 2018-28 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Applicant Chris Ward, T-Mobile, provided clarification as to design options and aesthetic limitations. ACTION: Motion by Morrison, seconded by Quintero, to accept and file the report. Carried by the following vote, to -wit: Ayes: Morrison, Quintero, Sotelo-Solis. Nays: Cano, Rios. Abstain: None. Absent: None. 7 17 of 362 Book 101 / Page 57 03-19-2019 NEW BUSINESS (cont.) CONDITIONAL USE PERMITS 2019 (403-32-3) 22. Notice of Decision - Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant (Birriera Negro Durazo) located at 1604 East 18th Street. (Applicant: Birriera Negro Durazo) (Case File 2018-17 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Brian Clapper, Chamber of Commerce, spoke in support of the Notice of Decision. ACTION: Motion by Morrison, seconded by Quintero, to accept and file the Notice of Decision. Carried by unanimous vote. CONDITIONAL USE PERMITS 2019 (403-32-3) 23. Notice of Decision - Planning Commission approval of a Conditional Use Permit for beer and wine sales at an existing restaurant (Salud!) located at 2333 Highland Avenue. (Applicant: San Diego Taco Company) (Case File 2018-16 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: Brian Clapper, Chamber of Commerce, spoke in support of the Notice of Decision. ACTION: Motion by Morrison, seconded by Quintero, to accept and file the Notice of Decision. Carried by unanimous vote. CITY MANAGER / REPORTS ADMIN (1104-1-12) 24. City Council 2019 Legislative Recess. (City Manager) RECOMMENDATION: Request City Council direction on observing a City Council legislative recess. Should the Council desire a recess, staff recommends the City Council consider the month of August. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Cano, to approve the legislative recess for the month of July. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Quintero, Sotelo-Solis. Nays: Rios. Abstain: None. Absent: None. CITY MANAGER / REPORTS ADMIN (1104-1-12) 25. City Council discussion and direction on draft/amended City Council Policy #104 - Rules of Procedure and Order for City Council Meetings. (City Manager) RECOMMENDATION: Request City Council direction. TESTIMONY: None. ACTION: Motion by Cano, seconded by Morrison, to approve the draft, with recommended draft language and changes, and return with a Resolution. Carried by unanimous vote. 8 18 of 362 Book 101 / Page 58 03-19-2019 B. COMMUNITY DEVELOPMENT COMMISSION (CDC) - HOUSING AUTHORITY There were no CDC action items. C. REPORTS STAFF REPORTS City Manager Deese said that it was a great day with all of the new Staff changes and having a clean audit. She confirmed that she will go on terminal leave after her last unofficial day on April 2nd, and use her accumulated vacation time which the City Council's requested at the March 5th in Closed Session. She announced that she appointed Director of Public Works/City Engineer Steve Manganiello as Acting City Manager. For the record, she added that she limited her consideration for the acting position to individuals who were not competing for the City Manager position as the City Council directed. MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS City Treasurer Mitch Beauchamp shared information from a church workshop that he attended where housing was discussed and spoke on the growing marijuana business as a possible revenue source for the City. Member Cano applauded Police Chief Tellez for the selection of officers who were promoted and he hopes that those officers provide mentorship to others so that they can have a chance to be promoted. He thanked Mayor Sotelo-Solis for ending the meetings at reasonable times and asked for an update on parking meters. Member Quintero welcomed Chief Tellez and shared his appreciation for the Chief's comments during his swearing -in ceremony and thanked him for his service. Vice Mayor Morrison spoke on waste diversion and where the City stands at 75% diversion; he will try and get some information back on how the City will deal with that percentage. He also mentioned current legislative bills and local governance. Member Rios congratulated and expressed her appreciation to Chief Tellez and Acting City Manager Manganiello for stepping up for the betterment of the community. She also commended the five Police Officers that were promoted and Acting Director of Community Services Audrey Denham for the quarterly breakfast and shared information on the Metropolitan Transit System's (MTS) `Access Bus Ride" program, which is for customers with disabilities. Mayor Sotelo-Solis congratulated Acting City Manager Manganiello and said she looks forward to working with him and she congratulated Chief Tellez and all the promoted Officers. Mayor Sotelo-Solis thanked City Manager Deese for her service and congratulated her on her retirement. 9 19 of 362 Book 101 / Page 59 03-19-2019 MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS (cont.) City Manager Deese shared that she recently attended the Zero Waste Conference and encouraged the use of reusable water bottles to support zero waste and upcycling. She applauded the 4th graders who participated in a mock Council Meeting and invited everyone to her first 100 days in Office/State of the City Address on March 28th CLOSED SESSION REPORT There was no Closed Session Report. ADJOURNMENT Motion by Morrison, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — April 2, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Budget Workshop - Tuesday - April 9, 2019 - 6:00 p.m. - Council Chamber - National City, California. The meeting closed at 9:16 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. Mayor 10 20 of 362 EXHIBIT `L' --'++p CALIFORNIA - - N TI. 1! f °!L City C. INCORPORATF. AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, March 19, 2019 — 5:00 p.m. CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL CLOSED SESSION 1. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez and Robert Meteau. Employee Organization: Firefighters' Association 2. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) McKercher v. Morrison USDC 18-CV-1054-JM-BLM 3. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Carlsbad Police Officers Association et. al. v. City of Carlsbad, et al. SDSC Case No. 37-2019-00005450-CU-WM-CTL 4. Personnel Matter — Government Code Section 54957(b)(1) Public Employee Appointment — Interim / Acting City Manager Position ADJOURNMENT Next Regular City Council Meeting: Tuesday, March 19, 2019, 6:00 p.m., City Council Chambers, Civic Center— National City, California. 11 21 of 362 Book 101 / Page 60 04-02-2019 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 2, 2019 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:02 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Denham, Duong, Manganiello, Meteau, Morris -Jones, Olson, Parra, Raulston, Roberts, Tellez, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp and Student Council Representative Danielle Cruz. PLEDGE OF ALLEGIANCE TO THE FLAG BY NATIONAL CITY MIDDLE AND SWEETWATER HIGH SCHOOL STUDENTS PUBLIC COMMENTS Nadia Nunez, representing A Reason to Survive (ARTS) extended an invitation to their Mural project on Kimball Way on April 13th from 10 a.m. to 4 p.m. PROCLAMATIONS AND CERTIFICATES PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 1. National City Proclaims Fair Housing Association Month PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 2. National City Proclaims Census Day PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 3. National Prescription Drug Take Back Day PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 4. National City Celebrates National Latina Business Women Association Day AWARDS AND RECOGNITIONS COUNCIL MEETING AWARDS & RECOGNITIONS 2019 (102-10-14) 5. Introduction of new employee, Karina Lopez, Senior Office Assistant. (Community Services) 12 22 of 362 Book 101 / Page 61 04-02-2019 PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2019 (102-10-14) 6. Gun Violence Restraining Orders Penal Code Sections 18100-18197. (City Attorney) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 7. Interviews and Appointments: Various Boards & Commissions (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: H. Bradley Bang, Cheryl Howrey Colmenaro, Christina Griffin -Jones, Robert Angel, Meliha Montenegro, Nicanora Montenegro, Daniel Perez, and Sherry Gogue, appeared for interview. ACTION: No action taken. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 8 (NCMC), Item No. 9 (Minutes), Item Nos. 10 through 13 (Resolution Nos. 2019-34 through 2019-37), Item Nos. 14 and 15 (Temporary Use Permits), Item Nos. 17 and 18 (Warrant Registers). Motion by Rios, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2019 (506-2-34) 8. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 9. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF SEPTEMBER 18, 2018 AND DECEMBER 18, 2018 AND THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 18, 2018, OCTOBER 2, 2018, OCTOBER 16, 2018, NOVEMBER 20, 2018, AND DECEMBER 4, 2018. (City Clerk) ACTION: Approved. See above. 13 23 of 362 Book 101 / Page 62 04-02-2019 CONSENT CALENDAR (cont.) LABOR RELATIONS POA MOU 2019-2021 (605-3-13) 10. Resolution No. 2019-34. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION (NCPOA). (Human Resources) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 11. Resolution No. 2019-35. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY NATIONAL JOINT POWERS ALLIANCE) CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2019 FORD F-150 (F1C) XL 2WD REG CAB 8 BOX 141 WB, FACTORY ORDER 1500 LIFT GATE IN AN AMOUNT NOT TO EXCEED $33,470.75. (Engineering/Public Works) ACTION: Adopted. See above. DEED (D2019-2) 12. Resolution No. 2019-36. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING AND APPROVING THE RECORDATION OF A MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS WITH THE STATE OF CALIFORNIA, BY AND THROUGH THE NATURAL RESOURCES AGENCY, FOR PARADISE CREEK EDUCATIONAL PARK; AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID MEMORANDUM OF UNRECORDED GRANT AGREEMENT/DEED RESTRICTIONS. (Engineering/Public Works) ACTION: Adopted. See above. COUNCIL POLICY ADMIN (102-13-1) 13. Resolution No. 2019-37. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING CITY COUNCIL POLICY #104 - RULES OF PROCEDURE AND ORDER FOR CITY COUNCIL MEETINGS. (City Manager) ACTION: Adopted. See above. TEMPORARY USE PERMITS 2019 (203-1-35) 14. Temporary Use Permit - "Kidz Fest" Community Easter Hunt sponsored by Cornerstone Church of San Diego at 1914 Sweetwater Road on April 21, 2019 from 9:00 a.m. to 4:00 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. 14 24 of 362 Book 101 / Page 63 04-02-2019 CONSENT CALENDAR (cont.) TEMPORARY USE PERMITS 2019 (203-1-35) 15. Temporary Use Permit - Halloween Retail Tent Store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 30, 2019 thru November 4, 2019 with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 16. Warrant Register #34 for the period of 02/13/19 through 02/19/19 in the amount of $248,456.19. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 17. Warrant Register #35 for the period of 02/20/19 through 02/26/19 in the amount of $2,007,614.26. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 18. Warrant Register #36 for the period of 02/27/19 through 03/05/19 in the amount of $2,270,283.68. (Finance) ACTION: Ratified. See above. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS TRANSPORTATION SANDAG REPORTS GENERAL ADMIN (802-2-1) 19. Resolution No. 2019-38. PUBLIC HEARING AND ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN ADJUSTMENT TO THE TDIF OF 2 PERCENT, AS REQUIRED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR RECEIPT OF TRANSNET LOCAL STREET IMPROVEMENT REVENUES, RESULTING IN THE TDIF INCREASING FROM $2,484 PER NEW RESIDENTIAL DWELLING UNIT TO $2,534 PER UNIT BEGINNING JULY 1, 2019. (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing on the adoption of a Resolution increasing the TDIF from $2,484 per new residential dwelling unit to $2,534 per unit beginning July 1, 2019. TESTIMONY: None. ACTION: Motion by Quintero, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. 15 25 of 362 Book 101 / Page 64 04-02-2019 NEW BUSINESS BUDGET FY 2019-2020 (206-1-35) 20. Approval of rescheduling of fiscal year 2020 budget workshop dates. (Finance) RECOMMENDATION: Approve the recommended revised Fiscal Year 2020 Budget Workshop dates. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Rios, to hold the Budget Workshop on April 24th and a tentative second workshop on May 14th at 6:00 p.m. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY HOUSING AUTHORITY 2019 (404-1-8) 21. Resolution No. 2019-71. PUBLIC HEARING AND ADOPTION OF A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (CDC -HA) APPROVING THE HOUSING CHOICE VOUCHER PROGRAM'S ADMINISTRATIVE PLAN FOR FISCAL YEAR 2019-2020. (Housing Economic & Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. HOUSING AUTHORITY 2019 (404-1-8) 22. Resolution No. 2019-72. PUBLIC HEARING AND ADOPTION OF A RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY (CDC -HA) APPROVING THE STREAMLINED ANNUAL PUBLIC HOUSING AGENCY (PHA) PLAN FOR FISCAL YEAR 2019-2020. (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing and adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. 16 26 of 362 Book 101 / Page 65 04-02-2019 C. REPORTS STAFF REPORTS COMMUNITY SERVICES DEPT ADMIN (1104-1-7) NEIGHBORHOOD SERVICES DEPT ADMIN (1104-1-15) 23. Verbal report on Community Service Day, to be held Saturday, April 27, 2019 at El Toyon Park and Kimball Park. (Community Services and Neighborhood Services) MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS Student Council Representative Danielle Cruz reported that college acceptance letters just came in for seniors. She is on her last two months of school and currently studying for her ACT and AP tests. City Clerk Michael Dalla requested that the City Council slow down when transitioning from making motions to voting to allow sufficient time to coordinate and complete some of the technical steps critical to the smooth functioning of the meeting process. City Clerk Dalla announced that, with the assistance of Information Technology staff, the City's database of Ordinances, Resolutions, Minutes, Contracts and complete Agenda Packets will soon be available to the public on the City's website. He also suggested that the City Council give serious consideration to adopting a local campaign contribution ordinance to help keep our local elections truly local. City Clerk Dalla announced his plans to retire from the City after 44 years of service. City Attorney Angil Morris -Jones stated that since the City Clerk is an elected position, within 60 days of the vacancy, the Council must appoint someone to fill the unexpired term or call a special election. If the Council chooses to change the position to an appointed position in the future, then the matter must be taken to the electorate at the next state election. Mayor Sotelo-Solis requested the City Attorney bring back information and a time line at the next meeting for City Council consideration and thanked City Clerk Dalla for his time and service. Member Cano announced that the SUHI Alumni Classes of 1979, 1980, and 1981 will be holding a fundraising event on April 6th and the Kiwanis Club will have a wine tasting fundraiser on April 26th. He announced the results of a recent SUHI Alumni Lady Devils softball game and suggested electricity cost saving measures at City Hall. 17 27 of 362 Book 101 / Page 66 04-02-2019 MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS (cont.) Member Quintero commended the Boards and Commissions applicants who appeared for interview. He spoke in recognition of Cesar Chavez Day and Mr. Chavez's legacy of being of service to others and how that legacy has influenced his own personal growth and experience as a Boards and Commissions member. Vice Mayor Morrison reported on recent meetings he attended with local officials and State Senators regarding the one -size -fits -all housing bills currently being pushed at the State level. Member Rios commended the staff for the agendas and background information; thanked Acting Deputy City Manager Armando Vergara and Acting Director of Neighborhood Services Joe Olson for their quick response to some issues that came up over the weekend; commended the recent Mayor's State of the City Address and announced that the Chamber of Commerce will be hosting their annual job fair on April 10th at the Martin Luther King (MLK) Center. Mayor Sotelo-Solis expressed her thanks to everyone who attended and was part of the State of the City address; spoke about the importance of helping to break the cycle of poverty and getting people into homeownership and upward mobility; encouraged the public to attend the April 24th Budget workshop and shared information on various meetings and workshops that she attended recently. CLOSED SESSION REPORT There was no Closed Session Report; the Closed Session meeting was cancelled. ADJOURNMENT Motion by Morrison, seconded by Rios, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — April 16, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. The meeting closed at 8:21 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. Mayor 18 28 of 362 Book 101 / Page 67 04-02-2019 CITY COUNCIL SUMMER LEGISLATIVE RECESS July 2, 2019 - City Council Meeting - Dispensed With July 16, 2019 - City Council Meeting - Dispensed With EXHIBIT `L' 19 29 of 362 CALIFORNIA -41 Oa INCOp,POg ATF.D AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, April 2, 2019 — 5:30 p.m. CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL CLOSED SESSION 1. Conference with Legal Counsel — Pendinq Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Tasha Williamson v. National City, et al Case No. 18-CV-2394-GPC-JLB 2. Conference with Legal Counsel — Pendinq Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Tammy Davis v. National City, et al Case No. 19-CV-534-BEN-BGS ADJOURNMENT Next Regular City Council Meeting: Tuesday, April 2, 2019, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 20 30 of 362 Book 101 / Page XX 05-07-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY May 7, 2019 The Special Meeting of the City Council of the City of National City was called to order at 5:05 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Manganiello, Morris -Jones, Raulston, Vergara. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 5:05 p.m. CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Tasha Williamson v. City of National City, et al Case No. 18-CV-2394 —GPC- JLB 2. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Tammy Davis v. City of National City, et al Case No. 19-CV-534-BEN-BGS 3. Personnel Matter — Government Code Section 54957(b)(1) Public Employee Position — City Manager Selection Process ADJOURNMENT Next Regular City Council Meeting: Tuesday, May 7, 2019 - 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. 21 Mayor 31 of 362 Book 101 / Page XX 05-07-2019 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY May 7, 2019 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:03 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Denham, Manganiello, Meteau, Morris -Jones, Olson, Parra, Pe, Raulston, Saour, Tellez, Vergara, Yano, Ybarra. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY EL TOYON KINDERGARTEN STUDENTS PUBLIC COMMENTS Gregory Martinez, National City, described problems with a neighbor and asked for assistance. PROCLAMATIONS AND CERTIFICATES PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 1. National City Proclaims May as Drowning Prevention and Water Safety Month PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 2. National City Proclaims May as Asian Pacific Islander Heritage Month PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 3. National City Celebrates Chicano Federation's 50th Anniversary PROCLAMATION AND CERTIFICATE ADMIN (102-2-1) 4. National City Celebrates SMART Sheet Metal Workers Local 206 100th Anniversary PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2019 (102-10-14) 5. Presentation on Las Palmas Pool Operations by EXOS. (Community Services) 22 32 of 362 Book 101 / Page XX 05-07-2019 PRESENTATIONS (cont.) COUNCIL MEETING PRESENTATIONS 2019 (102-10-14) 6. Recap of Community Service Day held on Saturday, April 27, 2019 at El Toyon Park and Kimball Park. (Community Services) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 7. Interviews and Appointments: Various Boards & Commissions. (City Clerk) RECOMMENDATION: Interview and appoint as desired. TESTIMONY: Daniel Orth, Luis Natividad, Frank Scott and Harold Aranda appeared for interview. ACTION: Motion by Sotelo-Solis, seconded by Cano, to appoint H. Bradley Bang to an unexpired term on the Library Board of Trustees. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Cheryl Howrey-Colmenero as alternate on the Library Board of Trustees. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to reappoint Manuel "Memo" Cavada to the Public Art Committee. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Meliha Montenegro to the Public Art Committee. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Charles Reilly as alternate on the Public Art Committee. Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Rios, to appoint Daniel Orth to the Community and Police Relations Commission (CPRC). Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to reappoint Zachary Gomez to the Community and Police Relations Commission. Mr. Gomez agreed to vacate his position on the Park, Recreation and Senior Citizens Advisory Committee (PRSCAB). Carried by unanimous vote. Motion by Sotelo-Solis, seconded by Cano, to appoint Christina Griffin -Jones to the Veterans and Military Families Advisory Commission. Carried by unanimous vote. Mayor Sotelo-Solis stated that the CPRC appointment process will be carried over to the next meeting. 23 33 of 362 Book 101 / Page XX 05-07-2019 INTERVIEWS / APPOINTMENTS (cont.) BOARDS & COMMISSIONS ADMIN (101-1-1) 7. Interviews and Appointments: Various Boards & Commissions. (City Clerk) (continued) In keeping with the procedure outlined in City Council Policy No. 107, ballots were distributed to City Council members with the names of applicants who applied for and were interviewed for two (2) positions on the Planning Commission. The votes were tallied by City Clerk Dalla who announced the results as follows: • Ditas Yamane received three (3) votes (Cano, Quintero, Morrison). • Luis Natividad received three (3) votes (Cano, Rios, Sotelo-Solis). • Christina Griffin -Jones received two (2) votes (Rios, Sotelo-Solis). • Cheryl Howrey-Colmenero received one (1) vote (Quintero). • Frank Scott received one (1) vote (Morrison). Ditas Yamane was declared duly reappointed to a full term and Luis Natividad was declared duly appointed to an unexpired term on the Planning Commission. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 8 (NCMC), Item No. 9 (Minutes), Item Nos. 10 through 17 (Resolution Nos. 2019-56 through 2019-63), Item Nos. 18 and 19 (Warrant Registers). Motion by Cano, seconded by Rios, to approve the Consent Calendar, except for Item No. 13. Carried by unanimous vote. MUNICIPAL CODE 2019 (506-2-34) 8. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 9. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF JANUARY 29, 2019, FEBRUARY 5, 2019, AND APRIL 11, 2019. (City Clerk) ACTION: Approved. See above. 24 34 of 362 Book 101 / Page XX 05-07-2019 CONSENT CALENDAR (cont.) CONTRACT (C98-30) 10. Resolution No. 2019-56. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND FIRE PREVENTION SERVICES, INC. FOR WEED AND LITTER ABATEMENT SERVICES. (Fire) ACTION: Adopted. See above. CONTRACT (C2005-65) GRANT/PUBLIC SAFETY (206-4-27) 11. Resolution No. 2019-57. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING 1) THE MAYOR TO EXECUTE THE STANDARD ASSURANCES FOR THE FY18 STATE HOMELAND SECURITY GRANT PROGRAM AND 2) THE ESTABLISHMENT OF REIMBURSABLE GRANTS CITY-WIDE FUND APPROPRIATIONS AND CORRESPONDING REVENUE BUDGETS EACH IN AMOUNTS TOTALING $51,048 FOR FY18 STATE HOMELAND SECURITY GRANT PROGRAM FUNDS FOR A REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE AND FIRE DEPARTMENTS. (Fire) ACTION: Adopted. See above. CONTRACT (C2005-65) GRANT/PUBLIC SAFETY (206-4-27) 12. Resolution No. 2019-58. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY AND THE CITY OF NATIONAL CITY, AND AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $32,432 FROM THE FY18 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDS FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT, PLANNING, AND TRAINING FOR THE POLICE AND FIRE DEPARTMENTS. (Fire) ACTION: Adopted. See above. LABOR RELATIONS FFA MOU 2015-2019 (605-6-13) 13. Resolution No. 2019-59. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION (NCFFA). (Human Resources) ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by the following vote, to -wit: Ayes: Cano, Quintero, Rios, Sotelo-Solis. Nays: Morrison. Abstain: None. Absent: None. 25 35 of 362 Book 101 / Page XX 05-07-2019 CONSENT CALENDAR (cont.) POLICE DEPT ADMIN (302-4-1) GRANT/PUBLIC SAFETY (206-4-27) 14. Resolution No. 2019-60. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF AN ADDITIONAL $20,000 IN THE REGIONAL REALIGNMENT RESPONSE GROUP (R3G) GRANT FUNDS FROM THE SAN DIEGO SHERIFF'S DEPARTMENT TO OFF -SET OVERTIME COST FOR THE FISCAL YEAR. (Police) ACTION: Adopted. See above. LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 15. Resolution No. 2019-61. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING PROCEEDINGS FOR THE LEVY AND COLLECTION OF ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2019/20. (Planning) ACTION: Adopted. See above. LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 16. Resolution No. 2019-62. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ENGINEER'S REPORT FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2019/20. (Planning) ACTION: Adopted. See above. LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 17. Resolution No. 2019-63. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY DECLARING ITS INTENTION TO CONDUCT A PUBLIC HEARING ON JUNE 4, 2019 AND TO LEVY AND COLLECT ASSESSMENTS FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2019/20. (Planning) ACTION: Adopted. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 18. Warrant Register #40 for the period of 03/27/19 through 04/02/19 in the amount of $1,851,893.06. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2018 - JUNE 2019 (202-1-33) 19. Warrant Register #41 for the period of 04/03/19 through 04/09/19 in the amount of $1,343,219.94. (Finance) ACTION: Ratified. See above. 26 36 of 362 Book 101 / Page XX 05-07-2019 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS BLOCK GRANT PROGRAM ADMIN 2019-2020 (406-1-34) 20. Resolution No. 2019-64. PUBLIC HEARING NO. 2 OF 2 AND ADOPTION OF A RESOLUTION OF THE CITY OF NATIONAL CITY ADOPTING THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FISCAL YEAR 2020 ANNUAL ACTION PLAN FUNDED BY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM FISCAL YEAR 2020 ENTITLEMENT FUNDS, CDBG PROGRAM INCOME, FUNDS REMAINING FROM COMPLETED CDBG PROJECTS, HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM YEAR 2020 ENTITLEMENT FUNDS, HOME PROGRAM INCOME, AND HOME FISCAL YEAR 2019 COMMUNITY HOUSING DEVELOPMENT ORGANIZATION FUNDS. (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing and adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Rios, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. CELLULAR RADIO / TEL FACILITIES ADMIN - WIRELESS COMM. (908-1-3) 21. Resolution No. 2019-65. PUBLIC HEARING AND ADOPTION OF A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF A POLICY ON SMALL CELLS EQUIPMENT WHICH DELEGATES AUTHORITY TO THE CITY MANAGER TO NEGOTIATE A LICENSE AGREEMENT WITH THE CONCURRENCE OF THE CITY ATTORNEY. (City Attorney) RECOMMENDATION: Conduct the Public Hearing and adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. MUNICIPAL CODE 2019 (506-2-34) 22. Ordinance No. 2019-2457. PUBLIC HEARING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING SECTION 18.30.220 OF THE NATIONAL CITY MUNICIPAL CODE FOR THE REGULATION OF SMALL WIRELESS FACILITIES AND OTHER INFRASTRUCTURE DEPLOYMENT. (City Attorney) RECOMMENDATION: Conduct the Hearing and adopt the Ordinance. TESTIMONY: None. 27 37 of 362 Book 101 / Page XX 05-07-2019 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) MUNICIPAL CODE 2019 (506-2-34) 22. Ordinance No. 2019-2457 (continued). ACTION: Motion by Cano, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Quintero, to adopt the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 23. Resolution No. 2019-66. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $644,672 AND CORRESPONDING REVENUE BUDGET TO ALLOW FOR REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES THROUGH THE CALIFORNIA DEPARTMENT OF NATURAL RESOURCES URBAN GREENING GRANT PROGRAM FOR THE PARADISE CREEK EDUCATIONAL PARK EXTENSION PROJECT. (Engineering/Public Works) RECOMMENDATION: Adopt Resolution. TESTIMONY: Ted Godshalk, National City, thanked staff for the work in pursuing grant funds for the project and posed questions to staff. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 24. Resolution No. 2019-67. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $1,151,265 AND CORRESPONDING REVENUE BUDGET TO ALLOW FOR REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES THROUGH THE CALIFORNIA DEPARTMENT OF NATURAL RESOURCES URBAN GREENING GRANT PROGRAM FOR THE PARADISE CREEK PARK PROJECT. (Engineering/Public Works) RECOMMENDATION: Adopt Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 28 38 of 362 Book 101 / Page XX 05-07-2019 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2019-12) 25. Resolution No. 2019-68. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALTUM GROUP FOR PROFESSIONAL SERVICES WITH A NOT -TO -EXCEED AMOUNT OF $70,000 TO IMPLEMENT THE AMORTIZATION OF NONCONFORMING USES WITHIN THE WESTSIDE SPECIFIC PLAN. (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Quintero, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2017-15) 26. Resolution No. 2019-69. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAN DIEGO METROPOLITAN TRANSIT SYSTEM TO LICENSE AND REGULATE FOR -HIRE VEHICLES OPERATING IN THE CITY OF NATIONAL CITY AT NO COST TO THE CITY. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION (CDC) - HOUSING AUTHORITY There were no CDC action items. C. REPORTS STAFF REPORTS None. MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS City Treasurer Mitch Beauchamp reported that Morgan Kimball Tower funds have been deposited for housing use. Member Cano expressed concerns about some residential construction projects that may be affecting neighborhoods with heavy metals from sanding as well as ongoing truck trailer parking issues and how they are affecting local military residents. 29 39 of 362 Book 101 / Page XX 05-07-2019 MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS (cont.) Member Quintero acknowledged all of the citizens who applied for the various Boards and Commissions and he congratulated those who were appointed and encouraged those who weren't appointed, to keep trying. In light of the Chicano Federation's 50th Anniversary, Member Quintero acknowledged his father, Mr. Octaviano Quintero, Jr., who is a past president and founder of Chicano Park. Vice Mayor Morrison announced that the 2nd Annual Waffle and Pancake Buffet will be held on May 19th hosted by the Rotary Club. Member Rios thanked the Council for considering alternates on Boards and Commissions; spoke about the success and impact of the Police Departments "Every 15 Minutes" program and thanked Police staff who spearheaded the program. Mayor Sotelo-Solis thanked those citizens who applied for the various Boards and Commissions. She extended an invitation to business owners to participate in the Request for Qualifications (RFQ) Workshop on May 14th at the MLK Center; spoke about the success of the recent "business walk" with the South County Education Center and looks forward to a report back on the surveys that were taken during the walk. She also mentioned that there will be an "economic tour" hosted by the Chamber of Commerce and the Port of San Diego next week. CLOSED SESSION REPORT City Attorney Morris -Jones reported that in Closed Session regarding Item Nos. 1 and 2, there was no action to report. For Item No. 3 regarding the City Manager Selection Process, the City Council acted to appoint Deputy City Manager Brad Raulston as the new City Manager. Formal action per provisions of the Brown Act is anticipated at the next City Council Meeting on May 21st. (See attached Exhibit STAFF COMMENT Newly appointed City Manager Brad Raulston gave opening remarks regarding his appointment; expressed appreciation to the City Council and all the Staff and acknowledged Acting City Manager Steve Manganiello for taking on the acting role and doing such a great job. ADJOURNMENT Motion by Rios, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — May 21, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. 30 40 of 362 ADJOURNMENT (cont.) The meeting closed at 8:32 p.m. Book 101 / Page XX 05-07-2019 City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. Mayor CITY COUNCIL SUMMER LEGISLATIVE RECESS July 2, 2019 - City Council Meeting - Dispensed With July 16, 2019 - City Council Meeting - Dispensed With 31 41 of 362 EXHIBIT `L' --'++p CALIFORNIA - - N TI. 1! f °!L City C. INCORPORATF. AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, May 7, 2019 — 5:00 p.m. CITY COUNCIL OPEN SESSION CALL TO ORDER ROLL CALL CLOSED SESSION 1. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Tasha Williamson v. City of National City, et al Case No. 18-CV-2394 —GPC- JLB 2. Conference with Legal Counsel — Pending Litigation Existing Litigation under Government Code Section 54956.9(d)(1) Tammy Davis v. City of National City, et al Case No. 19-CV-534-BEN-BGS 3. Personnel Matter — Government Code Section 54957(b)(1) Public Employee Position — City Manager Selection Process ADJOURNMENT Next Regular City Council Meeting: Tuesday, May 7, 2019, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 32 42 of 362 Book 101 / Page XX 05-21-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY May 21, 2019 The Special Meeting of the City Council of the City of National City was called to order at 5:02 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Manganiello, Morris -Jones, Raulston, Vergara. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. Members retired into Closed Session at 5:02 p.m. CLOSED SESSION 1. Conference with Legal Counsel — Potential Litigations Potential Litigations Pursuant to Government Code Section 54956.9(e)(1) ADJOURNMENT Next Regular City Council Meeting: Tuesday, May 21, 2019 - 6:00 p.m., City Council Chambers, Civic Center — National City, California. City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. Mayor 33 43 of 362 Book 101 / Page XX 06-18-2019 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY June 18, 2019 The Special Meeting of the City Council of the City of National City was called to order at 5:31 p.m. by Mayor / Chairwoman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Manganiello, Morris -Jones, Raulston, Vergara. CITY COUNCIL OPEN SESSION PUBLIC COMMENTS — None. CONTRACT (C2019-21) 1. Resolution No. 2019-87. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A 24 YEAR PUBLIC INTEREST AGREEMENT WITH THE STATE OF CALIFORNIA COASTAL CONSERVANCY AND THE OCEAN FOUNDATION (A SECTION 501(C)(3) NONPROFIT ORGANIZATION) FOR PARADISE CREEK HABITAT RESTORATION; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution approving a Public Interest Agreement with the State of California Coastal Conservancy and the Ocean Foundation for Paradise Creek Habitat Restoration. TESTIMONY: None. ACTION: Motion by Morrison, seconded by Rios, to adopt the Resolution. Carried by unanimous vote ADJOURNMENT Motion by Rios, seconded by Quintero, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — June 18, 2019 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. The meeting closed at 5:37 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of August 6, 2019. Mayor 34 44 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 45 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a City of San Diego Office of Homeland Security Grant Subaward Amendment for an additional appropriation of $17,100 for a new total of $25,655 to the Reimbursable Grant Citywide account for the FY18 Urban Area Security Initiative (UASI) Grant for the reimbursable grant purchase of equipment for the Police Department. (Fire) Please scroll down to view the backup material. 45 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. i ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a City of San Diego Office of Homeland Security Grant Subaward Amendment for an additional appropriation of $17,100 for a new total of $25,655 to the Reimbursable Grant Citywide account for the FY18 Urban Area Security Initiative (UASI) Grant for the reimbursable grant purchase of equipment for the Police Department. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: (619) 336-4551 APPROVED BY: EXPLANATION: Resolution 2019-58 executed an Agreement between the City of San Diego Office of Homeland Security (OHS) and the City of National City, and authorized the establishment of an appropriation and corresponding revenue budget in the amount of $32,432 from the FY18 Urban Area Security Initiative (UASI) Grant to purchase $8,555 in equipment, $10,000 for planning, and $13,877 for training for the Fire and Police Departments. In past fiscal years, including FY18 UASI, OHS has awarded the County Sheriffs Department with funds to procure equipment for other jurisdictions. Upon review of this practice, the OHS has determined that all jurisdictions will need to procure their own equipment. In light of this new practice, the OHS is amending awards for both the Sheriff's Department and all jurisdictions involved in purchasing UASI funded SWAT equipment to reflect each jurisdiction's responsibility to individually procure their own equipment. $17,100 should be added to the pre-existing Reimbursable Grant Citywide account of $8,555 for a total of $25,655 for equipment. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: `Expenditure Account: 282-411-951-518-0000 Equipment - $17,100.00 Reimbursable Grant Citywide Revenue Account: 282-11951-3498 - $17,100.00. No City match required. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. City of San Diego Office of Homeland Security Grant Subaward Amendment 2. Resolution I40 01 302 City of San Diego Office of Homeland Security GRANT SUBAWARD AMENDMENT DATE Federal Grant # 2018-0054 6/12/2019 GRANT NAME FY18 UASI Ca1OES # 073-66000 Project # 010 DUNS # 072494073 Final Claim Due Date Amendment # 1 9/15/2020 This amendment is between the City of San Diego Office of Homeland Security, hearafter called OHS, and the Grant Subrecipient: City of National City Increase Project 010 - SWAT Equipment - $17,100 for Gas Masks. New project award is $25,655. Subrecipient (Certification and Signature of Authorized Agent) By (Authorized Signature) Date Printed Name Title Address Mail Original Signed form to OHS: 1200 Third Avenue, Suite 1700, San Diego, CA 92101 For OHS use only I hearby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expendutre stated above Signature of OHS Program Manager Date 47 of 362 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE CITY OF SAN DIEGO OFFICE OF HOMELAND SECURITY GRANT SUBAWARD AMENDMENT FOR AN ADDITIONAL APPROPRIATION OF $17,100 FOR A NEW TOTAL OF $25,655 TO THE REIMBURSABLE GRANT CITYWIDE ACCOUNT FOR THE FY18 URBAN AREA SECURITY INITIATIVE (UASI) GRANT FOR THE REIMBURSABLE GRANT PURCHASE OF EQUIPMENT FOR THE POLICE DEPARTMENT WHEREAS, the United States Department of Homeland Security (DHS) designated the City of San Diego as an eligible high -risk urban area through an analysis of relative risk of terrorism; and WHEREAS, the San Diego Urban Area (SDUA) was established for the purpose of application for and allocation and distribution of federal Urban Areas Security Initiative (UASI) program grant funds; and WHEREAS, the UASI grant provides funding for equipment, planning, and training needed to respond to natural or man-made disasters or terrorism incidents that may occur in the San Diego urban area; and WHEREAS, the San Diego County Unified Disaster Council established a collaborative subcommittee called the Urban Area Working Group (UAWG); and WHEREAS, the UAWG was established as the "Approval Authority" for the SDUA and was also established to (1) provide overall governance of the homeland security grant program across the SDUA; (2) coordinate development and implementation of all UASI program initiatives; and (3) to ensure compliance with all UASI program requirements; and WHEREAS, pursuant to grant allocation decisions by the UAWG, the UASI Management Team asked the City of San Diego to distribute a portion of the regional UASI grant funds to sub -recipients, such as the City of National City; and WHEREAS, the Distribution of FY 2018 UASI Grant Funds Agreement ensures the roles, responsibilities, and expectations at the local, state, and federal levels, and ensures that the City of National City, as a grant program participant, agrees to meet state and federal requirements; and WHEREAS, Resolution 2019-58 executed an Agreement between the City of San Diego Office of Homeland Security (OHS) and the City of National City, and authorized the establishment of an appropriation and corresponding revenue budget in the amount of $32,432 from the FY18 Urban Area Security Initiative (UASI) Grant to purchase $8,555 in equipment, $10,000 for planning, and $13,877 for training for the Fire and Police Departments; and WHERAS, in past fiscal years, including FY18 UASI, OHS has awarded the County Sheriff's Department with funds to procure equipment for other jurisdictions, however, upon review of this practice, the OHS has determined that all jurisdictions will need to procure their own equipment; and 48 of 362 Resolution No. 2019 — Page Two WHEREAS, the OHS is amending awards for both the Sheriff's Department and all jurisdictions involved in purchasing UASI funded SWAT equipment to reflect each jurisdiction's responsibility to individually procure their own equipment; and WHEREAS, staff is requesting an amendment of $17,100 for a not to exceed amount of $25,655 to the pre-existing Reimbursable Grant Citywide account for equipment for the National City Police Department. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City authorizes the Mayor to execute the City of San Diego Office of Homeland Security Grant Subaward amendment for an additional appropriation of $17,100 for a not to exceed total amount of $25,655 to the Reimbursable Grant Citywide account for the FY18 Urban Area Security Initiative (UASI) Grant for the reimbursable grant purchase of equipment for the Police Department. PASSED and ADOPTED this 6th day of August, 2019 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 49 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 50 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute an application to the California Department of Housing and Community Development (HCD) for SB2 Planning Grants Program Funds in the amount of $310,000. (Housing Authority) Please scroll down to view the backup material. 50 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor, City Manager, or City Manager's designee to execute an application to the California Department of Housing and Community Development (HCD) for SB2 Planning Grants Program Funds in the amount of $310,000. PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Housing Authority na PHONE: 619-336-4421 APPROVED BY: EXPLANATION: On March 29, 2019, the California Department of Housing and Community Development (HCD) issued a Notice of Funding Availability (NOFA) for the SB2 Planning Grants Program Funds. SB2 authorizes HCD to provide up to $310,000 in assistance to the City pursuant to Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017). This program is intended to help cities and counties prepare, adopt, and implement plans and process improvements that streamline housing approvals and accelerate housing production, including housing affordable to owner and renter households at all income levels. Background attached. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION I I FINAL ADOPTION Not applicable. STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute the application. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Background. 2. Application. 3. Notice of Funding Availability. 4. Resolution. 51 of 362 Attachment No. 1 BACKGROUND In 2017, Governor Brown signed a 15-bill housing package aimed at addressing the state's housing shortage and high housing costs. The housing bills included the Building Homes and Jobs Act, Senate Bill 2 (SB 2, Atkins), which established a $75 recording fee on real estate documents as a funding source for the program. Funds will vary from year to year, as revenue is dependent on real estate transactions with fluctuating activity. Senate Bill 2 (Chapter 364, Statutes of 2017) created a dedicated revenue source for affordable housing and directed the Department of Housing and Community Development (HCD) to allocate 50 percent of the funds in the Building Home and Jobs Trust Fund, collected on and after January 1, 2019, to local governments through the Permanent Local Housing Allocation (PLHA). PLHA funds will be available for eligible housing - related projects and programs to assist in addressing the unmet housing needs of local communities. Approximately $123 million is estimated to be available for the PLHA program annually. The City meets the threshold criteria required to receive a PLHA award, including an adopted and compliant Housing Element as certified by HCD and timely submittals of the Housing Element Annual Progress Report per Government Code (GC) Section 65400. The City may apply for a maximum award of grant funds up to $310,000, which must be expended by June 30, 2022. Eligible activities include updates to general plans, specific plans, and zoning ordinances; environmental analysis (CEQA); and entitlement process improvements. SB2 Planning Grants Application Project Description: Comprehensive updates to land use policy, regulations, implementation measures, and entitlement processes to streamline and accelerate housing production. Update the Land Use Element — Revise policies, including land use designations (allowed uses, densities, design requirements, and other regulations and standards), implementation measures, and review and entitlement processes to increase housing production. Update the Housing Element — Revise policies to incorporate the RHNA allocation in each income category and establish implementation measures to facilitate housing production to meet allocations. Comprehensive review of current element programs and creation of new implementation measures/programs to accelerate housing production. Conduct a vacant and underdeveloped land survey and inventory the potential housing production on each site. Update the Downtown Specific Plan — Revise policies, including development zones (allowed uses, densities, FARs, heights, and other development standards), Page 1 of 2 52 of 362 Attachment No. 1 design guidelines, and parking requirements to encourage housing production. Improve or eliminate discretionary review and entitlement procedures to streamline housing production for all income categories. Update the Westside Specific Plan — Revise policies, including zones (allowed uses, densities, FARs, heights, and other development standards), design guidelines, and parking requirements to encourage housing production. Improve or eliminate discretionary review and entitlement procedures to streamline housing production for all income categories. Update the Zoning Code — Revise regulations and development standards to implement the policies included in this program, including zoning districts, land uses, densities, FARs, heights, parking, review/entitlement procedures, etc. that will improve and streamline the housing entitlement process and accelerate housing production. Revise zoning designations to accommodate RHNA housing production. Increase allowable density/intensity of development and other measures to facilitate/encourage housing production in all income categories. Update/incorporate accessory dwelling unit regulations, density bonus regulations, and other incentive programs to increase housing production. Reduce/eliminate restrictive development standards, requirements, and review/entitlement procedures. Update the Official Zoning Map by establishing appropriate zoning districts to implement policy changes that facilitate housing production. Conduct Environmental Review — California Environmental Quality Act analyses of all project components to eliminate subsequent/project-specific review. Revise the Review and Entitlement Process — Procedural changes to the review process and ministerial and discretionary entitlement processes to improve and expedite the housing entitlement approval process and reduce costs and burdensome requirements to housing projects. Page 2 of 2 53 of 362 Attachment No. 2 SB 2 Planning Grants Program Application State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Ben Metcalf, Director Department of Housing and Community Development 2020 West El Camino, Suite 500 Sacramento, CA 95833 Website: http://www.hcd.ca.gov/grants-funding/active-funding/planninq- grants.shtml Email: sb2planninggrant(a�hcd.ca.gov March 28, 2019 54 of 362 SB 2 Planning Grants Application Attachment No. 2 Planning Grants Program Application Packaging Instructions The applicant is applying to the Department of Housing and Community Development (Department) for a grant authorized underneath the Planning Grants Program (PGP) provisions of SB 2 (Chapter 364, Statutes of 2017). The PGP program is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. Please refer to the SB 2 Planning Grants Program Guidelines and Notice of Funding Availability (NOFA) for detailed information on eligible activities, applicants, and awards. If you have questions regarding this application or the PGP, email sb2planninggrantahcd.ca.gov. If approved for funding, this grant application will be a part of your Standard Agreement with the Department. In order to be considered for funding, all sections of this application, including attachments and exhibits if required, must be complete and accurate. Pursuant to Section X of the NOFA, all applicants must submit a complete, signed, original application package and an electronic copy on CD or USB flash drive containing the following documentation, in the order listed below, to the Department by the specified due date in the Notice of Funding Availability (NOFA) in order to be considered for award: 1) A complete, signed, original application (the Department will only accept this fillable pdf as the application) with the following attachments: a. Attachment 1: State and Other Planning Priorities (All applicants must submit this form to self -certify compliance) b. Attachment 2: Nexus to Accelerating Housing Production - NOTE: if the applicant is proposing only Priority Policy Areas (PPA), as defined in section VIII, subsection (3) of the NOFA, do not fill out Attachment 2. However, if the applicant is proposing to fund PPAs AND other activities that are not considered PPAs, the application must demonstrate how these other activities have a nexus to accelerating housing production by filling out Attachment 2 of this application. 2) A fully executed resolution authorizing application for, and receipt of, PGP funds (see Attachment 3: Sample Resolution). 3) A fully executed Government Agency Taxpayer ID Form (available as a download from the SB 2 Planning Grants webpage at http://www.hcd.ca.gov/grants- fundinq/active-fundinq/planninq-grants.shtml). 4) If the applicant is partnering with another local government or other entity pursuant to Article II, Section 200 of the SB 2 Planning Grant Program Guidelines (the "Guidelines"), include a copy of the legally binding agreement. NOTE: All local governments must submit a separate, signed application package, notwithstanding whether it will partner with another form of government or entity. Only one application per locality will be accepted by the Department. Joint applications are not allowed. CA-HCD SB 2 PGP Page 2 of 15 2019 Year-1 Grant Application 55 of 362 SB 2 Planning Grants Application Attachment No. 2 A. Applicant Information Pursuant to Article 11, Section 200 of the Guidelines, local governments may partner through legally binding agreements with other forms of governments or entities. However, all local governments must submit separate, signed application packages that identify their respective responsibilities and deliverables, even if partnering with other entities. Is the applicant partnering with another eligible local government entity? *Yes *If Yes, the application package must include a fully executed copy of the legally binding agreement. Provide the partners' name(s) and type(s) below for reference only. ✓ No Complete the following Applicant information Applicant's Name City of National City Applicant's Agency Type Local Government Applicant's Mailing Address 1243 National City Boulevard City National City State California Zip Code 91950 County San Diego Website www.nationalcityca.gov Authorized Representative Name Brad Raulston Authorized Representative Title City Manager Phone 619-336-4240 Fax 619-336-4327 Email braulston@nationalcityca.gov Contact Person Name Carlos Aguirre Contact Person Title Director, National City Housing Authority Phone 619-336-4391 Fax 619-336-4292 Email caguirre@nationalcityca.gov Partner(s) Name (if applicable) Partner Agency Type Partner(s) Name (if applicable) Partner Agency Type Proposed Grant Amount $ 310,000 B. Applicant Certification As the official designated by the governing body, I hereby certify that if approved by HCD for funding through the Planning Grants Program (PGP), the City of National City assumes the responsibilities specified in the 2019 Notice of Funding Availability and PGP guidelines, and certifies that the information, statements, and other contents contained in this application are true and correct. Signature: Date: 8/6/19 Title: Name: Brad Raulston City Manager CA-HCD SB 2 PGP Page 3 of 15 2019 Year-1 Grant Application 56 of 362 SB 2 Planning Grants Application Attachment No. 2 C. Threshold Requirements Pursuant to Section 201(a) through (d) of the Guidelines, all applicants must meet the following threshold criteria in items 1-4 below to be eligible for an award. 1. Does the applicant have an adopted housing element found to be in substantial compliance by the Department on or before the date of the applicant's submission of their SB 2 Planning Grant application? ✓ Yes Date of HCD Review Letter: 4/3/13 No The Applicant requests HCD to consider housing element compliance threshold as met due to significant progress achieved in meeting housing element requirements. 2. Has the applicant submitted to the Department the Annual Progress Report (APR) for the current or prior year on or before the date of submission of their SB 2 Planning Grant application? Yes APR Date Submitted n 2017 CY Report 3/7/18 I v l 2018 CY Report 3/13/19 n No 3. Is the applicant utilizing one of the Priority Policy Areas listed below (as defined in section Vlll, subsection (3) of the NOFA)? *Yes *If the applicant is proposing only Priority Policy Areas, do not fill out Attachment 2. However, if the applicant is proposing to fund PPAs AND other activities that are not considered PPAs, the application must demonstrate how these other activities have a nexus to accelerating housing production by filling out Attachment 2 of this application. 1 Rezone to permit by right Objective design and development standards Specific Plans or form based codes coupled with CEQA streamlining Accessory Dwelling Units or other low-cost building strategies Expedited processing Housing related infrastructure financing and fee reduction strategies 1 1 1 1 ✓ 1 No If an applicant is not proposing Priority Policy Areas the application must include an explanation and document the plans or processes' nexus and impact on accelerating housing production based on a reasonable and verifiable methodology and must submit Attachment 2 in the Application pursuant to section Vlll, subsection (3) of the NOFA. The applicant is proposing PPAs and other activities not considered PPAs and is demonstrating how these activities have a nexus to accelerating housing production by submitting Attachment 2. 4. Does the applicant demonstrate that the locality is consistent with State Planning or Other Priorities, as certified in Attachment 1? Yes *No *If No, consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years, as certified in Attachment 1. 5. Is a completed and signed resolution included with the application package? See Attachment 3, "Sample Resolution" Yes No ,/ CA-HCD SB 2 PGP Page 4 of 15 2019 Year-1 Grant Application 57 of 362 SB 2 Planning Grants Application Attachment No. 2 D. Proposed Activities Checklist (Section VI, items (1) through (17) of the NOFA) Check all activities the locality is undertaking for their PGP efforts below. Activities must match Section E. Project Description, and Section F. Timeline and Budget. updates to general plans, community plans, specific plans, local planning related to implementation of sustainable communities strategies, or local coastal plans 2 V updates to zoning ordinances 3 / environmental analyses that eliminate the need for project -specific review 4 V local process improvements that improve and expedite local planning 5 a smaller geography with a significant impact on housing production including an overlay district, project level specific plan or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas 1 6 t the creation or enhancement of a housing sustainability district pursuant to AB 73 (Chapter 371, 7 workforce housing opportunity zone pursuant to SB 540 (Chapter 369, Statutes of 2017) 8 z zoning for by -right supportive housing, pursuant to Government Code section 65651 (Chapter 753, 9 z zoning incentives for housing for persons with special needs, including persons with developmental 10 1rezoning to meet requirements pursuant to Government Code Section 65583.2(c) and other rezoning 11 r rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation 12 pre -approved architectural and site plans 13 regional housing trust fund plans 14 funding plans for SB 2 Year 2 going forward 15 infrastructure financing plans 16 environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary and part of a proposed activity with a nexus to accelerating housing production 17 Other activities demonstrating a nexus to accelerating housing production CA-HCD SB 2 PGP Page 5 of 15 2019 Year-1 Grant Application 58 of 362 SB 2 Planning Grants Application Attachment No. 2 E. Project Description Provide a description of the project and the scope of work to be performed below. Use Appendix A for additional information if necessary. Note: If partnering with another local government or entity, be sure to clarify the responsibilities and deliverables of your locality pursuant to such partnership. Comprehensive updates to land use policy, regulations, implementation measures, and entitlement processes to streamline and accelerate housing production. Update the Land Use Element — Review and revise policies, including land use designations (allowed uses, densities, design requirements, and other regulations and standards), implementation measures, and review and entitlement processes to increase housing production. Update the Housing Element — Review and revise policies to incorporate the RHNA allocation in each income category and establish implementation measures to facilitate housing production to meet allocations. Comprehensive review of current element programs and creation of new implementation measures/programs to accelerate housing production. Conduct a vacant and underdeveloped land survey and inventory the potential housing production on each site. Update the Downtown Specific Plan — Review and revise policies, including development zones (allowed uses, densities, FARs, heights, and other development standards), design guidelines, and parking requirements to encourage housing production. Improve or eliminate discretionary review and entitlement procedures to streamline housing production for all income categories. Update the Westside Specific Plan — Review and revise policies, including zones (allowed uses, densities, FARs, heights, and other development standards), design guidelines, and parking requirements to encourage housing production. Improve or eliminate discretionary review and entitlement procedures to streamline housing production for all income categories. Continued in Appendix A. CA-HCD SB 2 PGP Page 6 of 15 2019 Year-1 Grant Application 59 of 362 SB 2 Planning Grants Application Attachment No. 2 F. Project Timeline and Budget Project Goal(s) Objective Responsible Party Est. Cost Begin End Deliverable *PPA Notes Update Housing Element Applicant $ 90,000 11/1/19 6/1/20 Revised Housing Element Yes Update Zoning Code Applicant $ 90,000 3/1/20 9/1/20 Revised Zoning Code Yes Conduct Environmental Review Applicant $ 100,000 8/1/20 5/1/21 Draft & Final EIR Yes Revise Review/Entitlement Process Applicant $20,000 9/1/20 3/1/21 Review/Entitlement Process Yes Adopt Updates Applicant $ 10,000 5/1/21 8/1/21 Adopted Updates Yes Applicant N/A Applicant N/A Applicant N/A Other N/A Other N/A Other N/A Other N/A Other N/A Other N/A Total Est. Cost $ 310000 *Priority Policy Area (PPA) CA-HCD SB 2 PGP Page 7 of 15 2019 Year-1 Grant Application 60 of 362 SB 2 Planning Grants Application Attachment No. 2 G. Legislative Information District # Legislator Name Federal Congressional District 51 Juan Vargas State Assembly District 80 Lorena Gonzalez 79 Shirley N. Weber State Senate District 40 Ben Hueso Applicants can find their respective State Senate representatives at https://www.senate.ca.gov/, and their respective State Assembly representatives at https://www.assembly.ca._pov/. CA-HCD SB 2 PGP Page 8 of 15 2019 Year-1 Grant Application 61 of 362 SB 2 Planning Grants Application Attachment No. 2 Attachment 1: State and Other Planning Priorities Certification (Page 1 of 3) Pursuant to Section 201(d) of the Guidelines, all applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities by certifying that at least one activity was completed in 1) State Planning Priorities (i.e., lnfill and Equity, Resource Protection, Efficient Development Patterns) or 2) Other Planning Priorities (i.e., Affordability, Conservation, or Climate Change). Consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years. Complete the following self -certification by selecting one or more of the policy areas in the following tables by inserting the date completed for each applicable action, briefly describing the action taken, and certifying. State Planning Priorities Date Completed Brief Description of the Action Taken Promote lnfill and Equity Rehabilitating, maintaining, and improving existing infrastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land that is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas. 6/30/19 Ongoing capital improvement program projects that rehabilitate, maintain, and improve existing infrastructure (streets, sidewalks, etc.). Seek or utilize funding or support strategies to facilitate opportunities for infill development. Other (describe how this meets subarea objective) Promote Resource Protection Protecting, preserving, and enhancing the state's most valuable natural resources, including working landscapes such as farm, range, and forest lands; natural lands such as wetlands, watersheds, wildlife habitats, and other wlldlands; recreation lands such as parks, trails, greenbelts, and other open space; and landscapes with locally unique features and areas identified by the state as deserving special protection. 6/30/19 Capital improvements of City community and neighborhood parks, including Kimball Park, El Toyon Park, Las Palmas Park, and Paradise Creek Educational Park. Actively seek a variety of funding opportunities to promote resource protection in underserved communities. Other (describe how this meets subarea objective) Encourage Efficient Development Patterns Ensuring that any infrastructure associated with development, other than infill development, supports new development that does the following: (1) Uses land efficiently. CA-HCD SB 2 PGP Page 9 of 15 2019 Year-1 Grant Application 62 of 362 SB 2 Planning Grants Application Attachment No. 2 Attachment 1: State and Other Planning Priorities Certification (Page 2 of 3) (2) Is built adjacent to existing developed areas to the extent consistent with environmental protection. (3) Is located in an area appropriately planned for growth. (4) Is served by adequate transportation and other essential utilities and services. (5) Minimizes ongoing costs to taxpayers. Other (describe how this meets subarea objective) Other Planning Priorities Affordability and Housing Choices Incentives and other mechanisms beyond State Density Bonus Law to encourage housing with affordability terms. Efforts beyond state law to promote accessory dwelling units or other strategies to intensify single-family neighborhoods with more housing choices and affordability. Upzoning or other zoning modifications to promote a variety of housing choices and densities. 2/7/12 Comprehensive update of zoning code and map that increased densities and reduced development requirements for housing. Utilizing surplus lands to promote affordable housing choices. 6/30/19 Use of former public works site to accommodate affordable housing development of 201 units. Efforts to address infrastructure deficiencies in disadvantaged communities pursuant to Government Code Section 65302.10. 6/30/19 Ongoing capital improvement program projects that rehabilitate, maintain, and improve existing infrastructure (streets, sidewalks, etc.). Other (describe how this meets subarea objective) CA-HCD SB 2 PGP Page 10 of 15 2019 Year-1 Grant Application 63 of 362 SB 2 Planning Grants Application Attachment No. 2 Attachment 1: State and Other Planning Priorities Certification (Page 3 of 3) Conservation of Existing Affordable Housing Stock Policies, programs or ordinances to conserve stock such as an at -risk preservation ordinance, mobilehome park overlay zone, condominium conversion ordinance and acquisition and rehabilitation of market rate housing programs. 4/16/13 Adoption of 5th Cycle Housing Element, which includes implementation measures/programs to conserve housing stock. Policies, programs and ordinances to protect and support tenants such as rent stabilization, anti -displacement strategies, first right of refusal policies, resources to assist tenant organization and education and `just cause" eviction policies. Other (describe how this meets subarea objective) Climate Adaptation Building standards, zoning and site planning requirements that address flood and fire safety, climate adaptation and hazard mitigation. Long-term planning that addresses wildfire, land use for disadvantaged communities, and flood and local hazard mitigation. Community engagement that provides information and consultation through a variety of methods such as meetings, workshops, and surveys and that focuses on vulnerable populations (e.g., seniors, people with disabilities, homeless, etc.). Other (describe how this meets subarea objective) State and Other Planning Priorities Certification I certify under penalty of perjury that all of the information contained in this PGP State Planning and Other Planning Priorities certification form (pages 9, 10, and 11 of this application) is true and correct. Certifying Officials Name: Carlos Aguirre Certifying Official's Title: Director, National City Housing Authority Certifying Official's Signature: Certification Date: CA-HCD SB 2 PGP Page 11 of 15 2019 Year-1 Grant Application 64 of 362 SB 2 Planning Grants Application Attachment No. 2 Attachment 2: Application Nexus to Accelerating Housing Production Fill out Attachment 2 only if the applicant answered "No" to item 3 in Section C or is utilizing Policy Priority Areas AND other activities not designated as such. Applicants answering "Yes" to question 3 in Section C and utilizing ONLY Priority Policy Areas are automatically deemed to demonstrate a nexus to accelerating housing production, and do not need to complete this form. Pursuant to section Vlll, subsection (4) of the NOFA, applicants shall demonstrate how the application includes a nexus to accelerating housing production. Please complete the following chart by providing information about the current conditions and expected outcomes with respect to the planned activity and housing production. Please attach documentation as necessary and see the NOFA for additional details. Quantify how the activity accelerates production below, and use Appendix B to explain the activity and its nexus to accelerating housing production. Type (Select at least one) *Baseline **Projected ***Difference Notes Timing (e.g., reduced number of processing days) Development cost (e.g., land, fees, financing, construction costs per unit) Approval certainty and reduction in discretionary review (e.g., prior versus proposed standard and level of discretion) Entitlement streamlining (e.g., number of approvals) Feasibility of development Infrastructure capacity (e.g., number of units) Impact on housing supply and affordability (e.g., number of units) * Baseline — Current conditions in the jurisdiction (e.g. 6-month development application review, or existing number of units in a planning area) **Projected — Expected conditions in the jurisdiction because of the planning grant actions (e.g. 2-month development application review) ***Difference — Potential change resulting from the planning grant actions (e.g., 4-month acceleration in permitting, creating a more expedient development process) CA-HCD SB 2 PGP Page 12 of 15 2019 Year-1 Grant Application 65 of 362 SB 2 Planning Grants Application Attachment No. 2 Attachment 3: Sample Resolution RESOLUTION NO. 2019-XX A RESOLUTION OF THE [CITY COUNCIL/COUNTY BOARD OF SUPERVISORS] OF _[CITY, COUNTY NAME]_ AUTHORIZING APPLICATION FOR, AND RECEIPT OF, SB 2 PLANNING GRANTS PROGRAM FUNDS WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 29, 2019, for its Planning Grants Program (PGP); and WHEREAS, the [City Council/County Board of Supervisors] of (City/County) desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program. NOW, THEREFORE, THE [CITY COUNCIL/COUNTY BOARD OF SUPERVISORS] OF RESOLVES AS FOLLOWS: SECTION 1. The [City Council/County Board of Supervisors] is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application released March 28, 2019 in the amount of $ SECTION 2. In connection with the PGP grant, if the application is approved by the Department, the [insert designee title, e.g. City Manager, Executive Office, etc ] is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for the amount of $ , and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the [City/County's] obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents"). SECTION 3. The [City/County] shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The [City Council/County Board of Supervisors] hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. SECTION 4. The [insert the title of City Council/County Board of Supervisors Executive or designee] is authorized to execute the [City/County] of Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the [City/County] as required by the Department for receipt of the PGP Grant. ADOPTED , 2019, by the [City/County] Board of Supervisors of the County of by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED AS TO FORM: County Executive County Clerk County Attorney CA-HCD SB 2 PGP Page 13 of 15 2019 Year-1 Grant Application 66 of 362 SB 2 Planning Grants Application Attachment No. 2 Appendix A Use this area for additional information if necessary. Continued from Section E. Project Description. Update the Zoning Code — Revise regulations and development standards to implement the policies included in this program, including zoning districts, land uses, densities, FARs, heights, parking, review/entitlement procedures, etc. that will improve and streamline the housing entitlement process and accelerate housing production. Revise zoning designations to accommodate RHNA housing production. Increase allowable density/intensity of development and other measures to facilitate/encourage housing production in all income categories. Update/incorporate accessory dwelling unit regulations, density bonus regulations, and other incentive programs to increase housing production. Reduce/eliminate restrictive development standards, requirements, and review/entitlement procedures. Update the Official Zoning Map by establishing appropriate zoning districts to implement policy changes that facilitate housing production. Conduct Environmental Review — California Environmental Quality Act analyses of all project components to eliminate subsequent/project-specific review. Revise the Review and Entitlement Process — Procedural changes to the review process and ministerial and discretionary entitlement processes to improve and expedite the housing entitlement approval process and reduce costs and burdensome requirements to housing projects. CA-HCD SB 2 PGP Page 14 of 15 2019 Year-1 Grant Application 67 of 362 SB 2 Planning Grants Application Attachment No. 2 Appendix B Use this area for additional information if necessary. CA-HCD SB 2 PGP Page 15 of 15 2019 Year-1 Grant Application 68 of 362 Attachment No. 3 STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY Gavin Newsom, Governor DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT DIVISION OF FINANCIAL ASSISTANCE 2020 W. El Camino Avenue, Suite 500 Sacramento, CA 95833 (916) 263-2771 / FAX (916) 263-2763 www.hcd.ca.gov March 28, 2019 MEMORANDUM FOR: All Potential Applicants FROM: Zachary Olmstead, Deputy Director Division of Housing Policy Development SUBJECT: NOTICE OF FUNDING AVAILABILITY - SB 2 PLANNING GRANTS PROGRAM The Department of Housing and Community Development (Department) is pleased to announce the release of this Notice of Funding Availability (NOFA) for approximately $123 million under the Senate Bill 2 (SB 2, 2017) Planning Grants Program (PGP). SB 2 established a permanent source of funding intended to increase the affordable housing stock in California. The legislation directs the Department to use 50 percent of the first year's revenue to establish a program that provides financial and technical assistance to local governments to update planning documents and land -use ordinances. The PGP is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. In order to be eligible for grant funding, an applicant must submit a complete, signed original application and an electronic copy on CD or USB flash drive. OTC applications will be accepted for an eight -month period ending on November 30, 2019. The Department will only accept applications through a postal carrier service that provides date stamp verification confirming delivery to the Department's office, such as the U.S. Postal Service, UPS, FedEx, or other carrier services. No facsimiles, late applications, incomplete applications, application revisions, electronic submittals, or walk-in application packages will be accepted. All applications must be submitted to the Department at the following address: Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 PGP applications and forms are available on the Department's website. Please refer to the Planning Grants Program Guidelines for detailed information on eligible activities, applicants, and awards. If you have questions regarding this NOFA, please email the Department at sb2planninggrant(a�hcd.ca.qov. Attachment 69 of 362 Attachment No. 3 PLANNING GRANTS PROGRAM (SB 2, 2017) 2019 NOTICE OF FUNDING AVAILABILITY State of California Governor Gavin Newsom Alexis Podesta, Secretary Business, Consumer Services and Housing Agency Ben Metcalf, Director Department of Housing and Community Development Zachary Olmstead, Deputy Director Department of Housing and Community Development Division of Housing Policy Development 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 Telephone: (916) 263-2771 Website: http://www.hcd.ca.gov/grants-funding/active-funding/planning-grants.shtml Email: sb2planninggrant@hcd.ca.gov March 29, 2019 70 of 362 Attachment No. 3 Table of Contents I. Introduction 1 II. Program Summary 1 III. Program Timeline 2 IV. Funding Available 2 V. Eligible Applicants 3 VI. Eligible Activities 3 VII. Eligible Uses 4 VIII. Threshold Requirements 5 IX. NOFA Application Workshops 7 X. Application Submission Requirements 7 XI. Application Review Process 7 XII. Applicant Notification 8 XIII. Award Letter and Standard Agreement 8 XIV. Appeals 8 XV. Right to Modify or Suspend 9 71 of 362 Attachment No. 3 2019 NOTICE OF FUNDING AVAILABILITY SB 2 PLANNING GRANTS PROGRAM I. Introduction The Department is releasing this Notice of Funding Availability (NOFA) for approximately $123 million to make funding available to all local governments in California under the Senate Bill 2 (SB 2) Planning Grants Program (PGP). The PGP program is intended for the preparation, adoption, and implementation of plans that streamline housing approvals and accelerate housing production. The PGP is authorized by Health and Safety Code sections 50470 et seq. (Chapter 364, Statutes of 2017, (SB 2)). Funding is subject to the December 2018 Planning Grants Program Guidelines (hereinafter referred to as the "Guidelines"), which includes detailed information on eligibility requirements, conditions, and procedures for awarding funds. II. Program Summary SB 2 (2017) is part of a 15 bill housing package aimed at addressing the state's housing shortage and high housing costs. Specifically, SB 2 established a permanent source of revenue intended to increase the affordable housing stock in California. PGP grants are funded through 50 percent of the revenues collected during the first calendar year (January through December, 2018). The PGP program is a one-time component of SB 2 that, among other provisions, provides financial and technical assistance to local governments to update planning documents in order to: • Accelerate housing production; • Streamline the approval of housing development affordable to owner and renter households at all income levels; • Facilitate housing affordability, particularly for all income groups; • Promote development consistent with the State Planning Priorities; and • Ensure geographic equity in the distribution and expenditure of allocated funds The Department, in conjunction with the Governor's Office of Planning and Research, will provide technical assistance to localities pursuant to the provisions set forth in Article VII, Section 700(a) through (e) of the Guidelines. For further information, contact the Department at sb2planninqqrant©hcd.ca.gov for details regarding local technical assistance. Please refer to the Guidelines for other administrative provisions not summarized in this NOFA. CA HCD Notice of Funding Availability 1 SB 2 Planning Grants NOFA Yrr_1 72 of 362 Attachment No. 3 III. Program Timeline Pursuant to Section 500(a) of the Guidelines, funds will be initially available to eligible applicants on a noncompetitive, over-the-counter (OTC) basis. Applications will be accepted over an eight -month period, commencing from the date of the release of this NOFA (Section 500(b) of the Guidelines). See Table 1 below for the projected timeline for awards for the initial OTC period. Table 1: Projected Timeline for Awards for OTC Applications Event Date(s) NOFA release March 28, 2019 NOFA-Application Workshops / Webinar Period April 1 - May 1, 2019 Final due date for OTC applications November 30, 2019 Supplemental round TBD Anticipated end of grant term June 30, 2022 The Department anticipates awards in 2-3 month intervals, depending on the volume of applications, and reserves the right to make adjustments to the projected timeline at any time. If OTC funds are not fully awarded at the end of the eight -month period, the Department may extend the final OTC application due date or consider a supplemental funding round (Section 500(g) of the Guidelines). During any supplemental round, top priority will be given to localities that have not submitted a previous request for funding. All other applicants may be subject to competitive scoring criteria during any supplemental round (Section 500(g)(2) of the Guidelines). IV. Funding Available The Department determined maximum award amounts for large, medium, and small localities, based on population estimates from the Department of Finance (DOF). Table 2 below shows the minimum and maximum awards available pursuant to Article IV, Section 400 of the Guidelines. Applicants can view maximum award amounts for all jurisdictions here. Table 2: Minimum and Maximum Award Amounts All Localities Large Localities — Defined as >_ 200,000 people Medium Localities — Defined as 60,000 to 200,000 people Small Localities — Defined as < 60,000 people Minimum award amount: $25,000 Maximum award amount: $625,000 Maximum award amount: $310,000 Maximum award amount: $160,000 For a link to the 2018 DOF Population Estimates, E-5, see: http://www.dofca.gov/Forecasting/Demographics/Estimates/E-5/ Applicants seeking partnerships with other local governments will be additive. For example, two large localities could submit a proposal for up to $1.25 million; three small localities up to $480,000, etc. Note: All applicants, including those who are forming partnerships, must submit separate, complete and signed application packages, pursuant to section X of this NOFA, to the Department in order to be awarded funds. CA HCD Notice of Funding Availability 2 SB 2 Planning Grants NOFA Y 73 of 362 Attachment No. 3 V. Eligible Applicants Pursuant to Article II, Section 200 of the Guidelines, eligible applicants are limited to local governments, i.e., cities and counties. However, local governments may partner through legally binding agreements with other forms of governments or entities where the proposal will have a direct effect on land -use or development within the locality. This includes, but is not limited to, partnerships with other localities, regional governments, housing authorities, school districts, special districts, community based organizations, or any duly constituted governing body of an Indian Reservation or Rancheria. Multi -jurisdictional partnerships between local governments are encouraged in order to coordinate with regional governments, leverage regional and state investment, promote consistency with the sustainable communities strategy, and affirmatively further fair housing. Note: All localities must pass the Threshold Criteria as stated in section VIII of this NOFA. To ensure compliance with section VIII, all applicants, including those who are forming partnerships, must submit separate, complete and signed application packages, including resolutions, to the Department in order to be awarded funds. VI. Eligible Activities Applicants proposing Priority Policy Areas, as defined in section VIII of this NOFA, are automatically deemed to accelerate housing production without any documentation or demonstration to the Department. Pursuant to Article III, Section 300 of the Guidelines, a variety of planning documents, planning activities and strategies, are considered eligible activities and must demonstrate a nexus to accelerating housing production, which may include: (1) Updates to general plans, community plans, specific plans, local planning related to implementation of sustainable communities strategies, or local coastal plans; (2) Updates to zoning ordinances; (3) Environmental analyses that eliminate the need for project -specific review; (4) Local process improvements that improve and expedite local planning; (5) A smaller geography with a significant impact on housing production including an overlay district, project level specific plan, or development standards modifications proposed for significant areas of a locality, such as corridors, downtown or priority growth areas; (6) The creation or enhancement of a housing sustainability district pursuant to AB 73 (Chapter 371, Statutes of 2017); (7) Workforce housing opportunity zone pursuant to SB 540 (Chapter 369, Statutes of 2017); CA HCD Notice of Funding Availability 3 SB 2 Planning Grants NOFA Y ar-1 74 of 362 Attachment No. 3 (8) Zoning for by -right supportive housing, pursuant to Government Code section 65651 (Chapter 753, Statutes of 2018); (9) Zoning incentives for housing for persons with special needs, including persons with developmental disabilities; (10) Rezoning to meet requirements pursuant to Government Code Section 65583.2(c) and other rezoning efforts to facilitate supply and affordability; (11) Rezoning for multifamily housing in high resource areas (according to Tax Credit Allocation Committee/Housing Community Development Opportunity Area Maps); (12) Pre -approved architectural and site plans; (13) Regional housing trust fund plans; (14) SB 2 funding plans; (15) Infrastructure financing plans; (16) Environmental hazard assessments; data collection on permit tracking; feasibility studies, site analysis, or other background studies that are ancillary and part of a proposed activity with a nexus to accelerating housing production; and (17) Other planning activities demonstrating a nexus to accelerating housing production. Eligible activities may be part of a larger planning effort (e.g., a comprehensive zoning code update) if proposed activities have not been completed prior to the NOFA date, are distinct, and demonstrate a nexus to accelerating housing production. As part of the PGP program, HCD, in coordination with the Governor's Office of Planning and Research (OPR), will work with a team led by Placeworks to provide technical assistance (TA) to applicants throughout the application period. The TA team will work closely with regions, sub -regions, and counties to help jurisdictions identify activities and provide tools that will accelerate housing production. For further information, contact the Department at sb2planninqqrant@hcd.ca.gov for details regarding local technical assistance. VII. Eligible Uses Pursuant to Article III, Section 302 of the Guidelines, grant funds shall be used for the costs of preparing and adopting the proposed activity. Subcontracting is allowable under conditions set forth in Section 302(c) of the Guidelines. Pursuant to Section 302(b) of the Guidelines, grant funds may not be used for administrative costs of persons employed by the grantee for activities not directly related to the proposed activity. No more than 5 percent of the grant amount may be used for administrative costs for any proposed use, to be approved by the Department upon disbursement. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of the Standard Agreement, and completed during the grant term, will be reimbursable. Approved and eligible costs incurred prior to the NOFA date are ineligible CA HCD Notice of Funding Availability 4 SB 2 Planning Grants NOFA Yrr_1 75 of 362 Attachment No. 3 (Section 601(c) of the Guidelines). Refer to Section 301 of the Guidelines for a list of all ineligible activities. VIII. Threshold Requirements In accordance with Article II, Section 201 of the Guidelines, all applicants must meet the following threshold requirements: (1) Housing element compliance: The applicant must have a housing element that has been adopted by the jurisdiction's governing body by the date the applicant submits the application package, and is subsequently determined to be in substantial compliance with state housing element law pursuant to Gov. Code Section 65585 by the time of award. A jurisdiction's current housing element compliance status can be obtained by referencing the Department's website at http://www.hcd.ca.gov/community-development/housing-element/index.shtml or emailing the Department at sb2planninqqrant©hcd.ca.gov. For more information on housing element requirements, please contact Paul McDougall at paul.mcdougall©hcd.ca.gov. Pursuant to Section 201(a)(2) of the Guidelines, applicants not meeting housing element requirements may be considered to meet this threshold requirement at the discretion of the Department on a case by case basis by applying factors such as significant progress in meeting housing element requirements (e.g., a draft found to meet statute, rezoning near completion), proposing activities to meet housing element requirements (e.g., rezoning to accommodate housing needs pursuant to Gov. Code Section 65583(c)(1)) and adoption of a compliant element prior to the award of funds. (2) Annual Progress Report (APR) on the housing element: The applicant must submit the APR to the Department, as required by Gov. Code section 65400, for the current or prior year by the date the applicant submits the application package. (3) Nexus to accelerating housing production: The applicant must propose and document plans or processes that accelerate housing production. The application must demonstrate a significant positive effect on accelerating housing production through timing, cost, approval certainty, entitlement streamlining, feasibility, infrastructure capacity, or impact on housing supply and affordability. An application not utilizing Priority Policy Areas must include an explanation and documentation of the nexus plans or processes impact on accelerating housing production based on a reasonable and verifiable methodology and must utilize the Department's form (see Attachment 2 in the Application). A verifiable methodology may include a statement of support from a non-profit or for -profit developer that is active in the locality. Applicants proposing Priority Policy Areas do not require a nexus demonstration and are automatically deemed to accelerate housing production without any documentation. Pursuant to Section 102(q) of the Guidelines, Priority Policy Areas means any of the following: CA HCD Notice of Funding Availability 5 SB 2 Planning Grants NOFA Yrr_1 76 of 362 Attachment No. 3 (a) Rezone to Permit By -right: Rezoning for significant additional housing capacity without, or lesser, discretionary review, or establishing zoning to permit residential development by -right, particularly multifamily, without discretionary action pursuant to Government Code Section 65583.2(h) and (i). (b) Objective Design and Development Standards: Developing objective design standards or pre -approved site and architectural plans that facilitate non -discretionary permitting. (c) Specific Plans or Form based Codes Coupled with CEQA Streamlining: Designating and rezoning for additional housing capacity or preparing specific plans or form codes that include zoning and development standards and plan - level environmental analysis that can be used to streamline future housing projects and facilitate affordability. (d) Accessory Dwelling Units (ADU) or Other Low -Cost Building Strategies: Encouraging ADUs and other low-cost building types through actions above state law such as, outreach, fee waivers, pre -approved plans, website zoning clearance assistance, and other homeowner tools or finance tools. Also, establishing other approaches to intensify existing lower density residential areas and "missing model" typologies to encourage significantly more residential development (e.g., duplexes, triplexes) in lower density residential areas. (e) Expedited Processing: Speeding up approvals and permit processing, including instituting programs that streamline or consolidate the review process or create a separate process for expedited review of housing projects. (f) Housing Related Infrastructure Financing and Fee Reduction Strategies: Develop and implement approaches to local, regional or sub -regional housing related infrastructure financing. Create plans and programs to finance and increase infrastructure with accompanying enhanced housing capacity, such as enhanced infrastructure financing districts. Fee reduction and rationalization approaches, such as reassessing fees to adhere to best practices in reducing costs, deferrals, sliding scales or proportionate impacts fees (e.g., ADUs, transit oriented, and infill development, special needs housing), or fee transparency measures including publically available fee calculators. Note: HCD will be rolling out best practice toolkits and technical assistance in these topic areas over the course of 2019. Note: If the applicant is proposing only Priority Policy Areas ((PPA), as defined in section VIII, subsection (3) of the NOFA), do not fill out Attachment 2. However, if the applicant is proposing to fund PPAs AND other activities that are not considered PPAs, the application must demonstrate how these other activities have a nexus to accelerating housing production by filling out Attachment 2 of the application. (4) State Planning and Other Planning Priorities: Applicants must demonstrate that the locality is consistent with State Planning or Other Planning Priorities. CA HCD Notice of Funding Availability 6 SB 2 Planning Grants NOFA Y 77 of 362 Attachment No. 3 Consistency may be demonstrated through activities (not necessarily proposed for SB 2 funding) that were completed within the last five years. Applicants must self - certify utilizing the Department's form (see Attachment 1 in the Application). IX. NOFA Application Workshops The Department will hold workshops and a webinar to review the PGP NOFA and application, and will be conducting technical assistance to aid applicants throughout the OTC period. For a list of dates, times, and locations for the workshops as well as information on technical assistance, please visit the Department's SB 2 Planning Grants webpage, or register here. X. Application Submission Requirements In order to be eligible for grant funding, an applicant must submit a complete, signed original application and an electronic copy on CD or USB flash drive. Applications will be accepted on an OTC basis for an eight -month period anticipated to end November 30, 2019. Note: All localities must pass the threshold criteria as stated in section VIII of this NOFA. To ensure compliance with section VIII, all applicants, including those who are forming or have formed partnerships, must submit separate, complete and signed application packages, including resolutions, to the Department in order to be awarded funds. The Department will only accept applications through a postal carrier service that provides date stamp verification confirming delivery to the Department's office, such as the U.S. Postal Service, UPS, FedEx, or other carrier services. No facsimiles, late applications, incomplete applications, application revisions, electronically submitted, or walk-in application packages will be accepted. All applications must be submitted to the Department at the following address: Department of Housing and Community Development Division of Housing Policy Development / Land Use Planning Unit 2020 West El Camino Ave, Suite 500 Sacramento, CA 95833 Applications must be on Department forms and cannot be altered or modified by the applicant. Program applications and forms are available on the Department's website located at http://www.hcd.ca.gov/grants-funding/active-funding/planning- grants.shtml#forms. XI. Application Review Process Each application will first be reviewed for completeness, threshold eligibility requirements, and accuracy. In order to be considered complete, an application must contain all requested information and supporting documentation. All applications must also meet the eligibility and threshold requirements as specified in this NOFA and the CA HCD Notice of Funding Availability 7 SB 2 Planning Grants NOFA Yrr_1 78 of 362 Attachment No. 3 Guidelines. If the application is ineligible, it will not be considered for funding. Applicants may resubmit their applications prior to the November 30, 2019 deadline. All applicants not meeting the eligibility and threshold requirements will be informed within 60 days from the date the Department receives the application. XII. Applicant Notification Applicants will be notified within 60 days of the Department's receipt of their application regarding the status of their application and/or if any additional information is required (Section 500(e)) of the Guidelines). Applicants will receive an official letter of award after the Department approves funding recommendations (Section 500(f) of the Guidelines). XIII. Award Letter and Standard Agreement Successful applicants will receive an Award Letter from the Department and will be awarded funds through the Standard Agreement process that will specify, among other things, the amount of funds granted, timeline for expenditure of funds, and the approved use of funds. Expenditure report dates and other requirements will also be identified in the SB 2 Planning Grants Program Standard Agreement. XIV. Appeals (1) Basis of Appeals: (a) Upon receipt of the Department's notice deeming an application incomplete or ineligible, applicants under this NOFA may appeal such decision(s) to the Director pursuant to this Section. (b) No applicant shall have the right to appeal a decision of the Department relating to another applicant's eligibility, point score, award, denial of award, or any other related matter. (2) Appeals Process and Deadlines: (a) Process. In order to lodge an appeal, applicants must submit to the Director by the deadline set forth in subsection (b) below, a written appeal which states all relevant facts, arguments, and evidence upon which the appeal is based. No new or additional information will be accepted. Once the written appeal is submitted to the Director, no further information or materials will be accepted or considered thereafter. Appeals are to be submitted to the Director at following address: Department of Housing and Community Development Division of Housing Policy Development 2020 W. El Camino Avenue, Suite 500 Sacramento, California 95833 sb2planninggrant@hcd.ca.gov The Director will accept appeals delivered through a carrier service such as CA HCD Notice of Funding Availability 8 SB 2 Planning Grants NOFA Yrr_1 79 of 362 Attachment No. 3 the U.S. Postal Service, UPS, Fed Ex, or other carrier services that provide date stamp verification of delivery. Deliveries must be received during the Department's weekday (non -state holiday) business hours of 9:00 a.m. to 5:00 p.m. Pacific Standard Time. Additionally, emails to the email address listed above will be accepted if the email time stamp is prior to the appeal deadline. (b) Filing Deadline. Appeals must be received by the Director no later than (5) five business days from the date of the Department's determination. (3) Decision: Any request to amend the Department's decision shall be reviewed for compliance with the December 2018 Guidelines and the March 29, 2019 NOFA. The Director shall render his/her decision in writing within fifteen (15) business days of receipt of the applicant's written appeal. The decision of the Director shall be the Department's final decision, and shall not be appealable to any court or tribunal. (4) Effectiveness: In the event that the statute and/or guidelines governing the PGP program contain an existing process for appealing decisions of the Department with respect to NOFA awards made under such programs, this Section shall be inapplicable and all appeals shall be governed by such existing authority. XV. Right to Modify or Suspend The Department reserves the right, at is sole discretion, to suspend, amend, or modify the provisions of this NOFA at any time, including, without limitation, the amount of funds available hereunder. If such an action occurs, the Department will notify all interested parties and will post the revisions to the Department's website. You may subscribe to the Department's email list here: http://www.hcd.ca.gov/HCD SSI/subscribe-form.html. CA HCD Notice of Funding Availability 9 SB 2 Planning Grants NOFA Y ar-1 80 of 362 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR, CITY MANAGER OR CITY MANAGER'S DESIGNEE TO EXECUTE AN APPLICATION FOR RECEIPT OF SB2 PLANNING GRANTS PROGRAM FUNDS IN THE AMOUNT OF $310,000 TO THE CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) WHEREAS, the State of California, Department of Housing and Community Development (Department) has issued a Notice of Funding Availability (NOFA) dated March 29, 2019, for its Planning Grants Program (PGP); and WHEREAS, the City Council of the City of National City desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS, the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2)) related to the PGP Program. NOW, THEREFORE, the City Council of the City of National City does RESOLVES AS FOLLOWS: SECTION 1. The Mayor is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application released March 29, 2019 in the amount of $310,000. SECTION 2. In connection with the PGP grant, if the application is approved by the Department, the City Manager is authorized to enter into, execute, and deliver a State of California Agreement (Standard Agreement) for the amount of $310,000 and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant, the City's obligations related thereto, and all amendments thereto (collectively, the "PGP Grant Documents") SECTION 3. The City shall be subject to the terms and conditions as specified in the Standard Agreement, the SB 2 Planning Grants Program Guidelines, and any applicable PGP guidelines published by the Department. Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement. The application in full is incorporated as part of the Standard Agreement. Any and all activities funded, information provided, and timelines represented in the application will be enforceable through the executed Standard Agreement. The City Council hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. 81 of 362 Resolution No. 2019 — Page Two SECTION 4. The Mayor, City Manager or City Manager's designee is authorized to execute the Planning Grants Program application, the PGP Grant Documents, and any amendments thereto, on behalf of the City as required by the Department for receipt of the PGP Grant. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 82 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 83 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement executed by the Chief of Police pursuant to Council Resolution 2018-54 between the National City Police Department, the County of San Diego (San Diego Sheriffs Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $65,000. (Police) Please scroll down to view the backup material. 83 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2018-54 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $65,000. PREPARED BY: Greg Seward, Lieutenant PHONE: Ext. 4538 EXPLANATION: Refer to Attachment. DEPARTMENT: Police APPROVED BY: FINANCIAL STATEMENT: APPROVED, ACCOUNT NO. APPROVED: Revenue: 290-11647-3463 (Other State Grants) $65,000 Expense: 290-411-647-1 * (Personnel) $65,000 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Staff Report MOU 84 of 362 \ 1 1 / / , CALIFORNIA . NA'!'I O NAtfL CITY 11T COAPORATF.D NATIONAL CITY POLICE DEPARTMENT • STAFF REPORT DATE: July 22, 2019 SUBJECT: Resolution of the City Council of the City of National City authorizing the acceptance of annual grant funds & the establishment of an appropriation and corresponding revenue budget for the Regional Realignment Response Group (R3) based upon a Memorandum of Agreement signed by the Chief of Police pursuant to Council Resolution 2018-54 between the National City Police Department, the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for support of R3G Operations in the amount of $65,000. SUMMARY It is recommended the City Council approve the Resolution of the City Council of the City of National City to authorize the acceptance of the grant funds to support the operations by the police department in connection with the Regional Realignment Response Group. BACKGROUND The National City Council passed and adopted the original Memorandum of Agreement on January 21, 2014 (Resolution No. 2014-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department received grant funds in the amount of $31,539 in 2014 from the Community Corrections Partnership (R3) to support R3 and its primary goal of public safety. The National City Council passed and adopted a Memorandum of Agreement on September 6, 2016 (Resolution No. 2016-03) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $45,000 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 85 of 362 _1�ALIFORNIA� NATIONAL crr INCORPORATE., and the total expense has not been finished to support R3 and its primary goal of public safety. The National City Council passed a resolution on April 17, 2018 (Resolution No. 2018-54) authorizing the Chief of Police to enter into a Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) and municipal law enforcement agencies throughout the County for program support of the Regional Realignment Response Group (R3). The National City Police Department was allocated and received grant funds in the amount of $45,000 in 2018. CURRENT PROPOSAL The current request for Council is to authorize the department to accept the annual grant funds to continue to support operations described in the Memorandum of Agreement that is in effect from July 1, 2017 through June 30, 2022 with the County of San Diego (San Diego Sheriffs Department and Probation Department) for the Regional Realignment Group. As part of this agreement, the National City Police Department will continue to receive grant funding in an amount to be determined but estimated at $65,000. The funds shall be used to support R3 and its primary goal of public safety by developing and implementing targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders, released into San Diego County. IMPACT None. No net financial impact. Revenue off set expenses. 1200 National City Boulevard National City, CA 91950 (619) 336-4512/Fax (619) 336-4525 86 of 362 AGREEMENT FOR THE REGIONAL REALIGNMENT RESPONSE (R3) PROGRAM 1. PARTIES TO THE AGREEMENT This Agreement is between the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO (collectively the "CITIES"), collectively the "PARTIES", for program support of the Regional Realignment Response ("R3"). 1.1 Party Departments or Agencies Participating in the Agreement 1.1.1 For the COUNTY, participating agencies are the Sheriffs Department ("SHERIFF") and the Probation Department ("PROBATION"). 1.1.2 For the CITIES, participating agencies are their respective police departments. The services and obligations of PARTIES and their participating agencies are set forth herein. 2. RECITALS 2.1 WHEREAS, in April 20I 1, Governor Edmund G. Brown, Jr. signed Assembly Bill (AB) 109 to help California stop the costly, ineffective, and unsafe revolving door of lower -level offenders and parole violators cycling in and out of state prisons. This legislation gives local law enforcement the right and the ability to manage offenders in smarter and cost-effective ways; and 2.2 WHEREAS, in December 2013, COUNTY through SHERIFF implemented the Regional Realignment Response (R3) program in response to the passage of AB 109 and received funds from the State of California Local Revenue Fund 2011, Community Corrections Subaccount and continues to receive funds annually to continue the R3 program; and 2.3 WHEREAS, in March 2014, PARTIES executed the Agreement for the 2013 Regional Realignment Response (R3) for the initial term of December 31, 2013 through December 31, 2014; and 2.4 WHEREAS, in January 2015, PARTIES executed Amendment No.1 where Paragraph 3.1 provides that "(t)he term of this Agreement shall be December 31, 2013 and shall continue in effect through and terminate at midnight on December 31, 2015 subject to the termination provision in sections 3.2..."; and 1 87 of 362 2.5 WHEREAS, in May 2015, PARTIES executed Amendment No. 2 to increase each CITY'S allocation for personnel overtime; and 2.6 WHEREAS, in August 2015, PARTIES executed Amendment No. 3 to extend the Agreement from December 31, 2015 to June 30, 2016; and 2.7 WHEREAS, in October 2016, PARTIES executed the Agreement for the 2016 Regional Realignment Response (R3) for the initial term of July 1, 2016 through December 31, 2017; and 2.8 WHEREAS, in June 2016, the COUNTY and the CITY OF EL CAJON executed Amendment No. 4 to increase the CITY'S allocation for personnel overtime; and 2.9 WHEREAS, funds shall be used to support the R3 program and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders (which include those sentenced pursuant to California Penal Codes 1170(h)(5)(A) PC and 1170(h)(5)(B) PC and Post Release Community Supervision Offenders) released into San Diego County. 2.10 WHEREAS, Government Code §55632 authorizes COUNTY through SHERIFF and PARTIES, to contract with SHERIFF for provision of joint law enforcement services. 2.10.1 WHEREAS, COUNTY has requested PARTIES assistance in performing R3 operations and will reimburse PARTIES for overtime -only expenses incurred collectively by PARTIES in R3 program operations not to exceed $1,000,000 during the term of the Agreement. 2.11 WHEREAS, PARTIES desire to enter into an agreement with provisions concerning the nature and extent of R3 collaboration, services rendered, and compensation. 2.12 WHEREAS, COUNTY, by action of the Board of Supervisors Minute Order No. 3 dated June 28, 2016, approved and authorized the SHERIFF to enter into expenditure contracts related to the R3 program and to reimburse overtime expenses incurred collectively by PARTIES performing R3 program Operations in fiscal year 2016 and subsequent years. 2.13 PARTIES agree to maintain documentation as required in paragraph 7.3 Method of Payment, supporting all expenditures reimbursed from R3 program funds, for a period of five years, with five years beginning the day after the end of the project period, e.g., if the end of the project period is June 30, 2018, five years begins July 1, 2018 and ends June 30, 2023. 2 88 of 362 NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY through SHERIFF will reimburse, and PARTIES will provide, a level of R3 services, as set forth in this Agreement. 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the R3's goal of ensuring public safety in the post AB 109 environment by the continued development and implementation of a targeted, proactive, intelligence -based approach to control and counteract the risks associated with a population of offenders placed under the responsibility of the county. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery SHERIFF will maintain the R3 program funding and will be administratively responsible for coordination of PARTIES' obligations and reimbursement to PARTIES' under this Agreement. 4.2 Overview of Basic Services PARTIES will provide R3 operations ("Operations") in their designated areas of jurisdiction and/or in coordination with other R3 PARTIES in order to counteract the risks associated with realigned offenders released into San Diego County. 4.2.1 Framework of Operations The Regional Realignment Response Group (R3G), consisting of designated coordinators from each PARTY, as outlined in paragraph 6.2.3, will oversee R3 Operations and will meet every six (6) months to discuss and plan Operations. 4.2.2 Regional Sub -Group Regional Sub -Groups (RSGs) are created for the Northern, Central, and Southern areas of the County. The RSGs are responsible for planning and coordinating allied or regional Operations involving two or more PARTIES. The RSGs are composed of the following: NORTHERN: A police lieutenant from the cities of Escondido, Carlsbad, and Oceanside, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. CENTRAL: A police lieutenant from the cities of San Diego, El Cajon, and La Mesa, a lieutenant from SHERIFF, and a supervising probation officer from PROBATION. SOUTHERN: A police lieutenant from the cities of San Diego, National City, and Chula Vista, a lieutenant from SHERIFF, a commander from the city of Coronado, and a supervising probation officer from PROBATION. 3 89 of 362 5. TERM OF AGREEMENT 5.1 Initial Term This Agreement shall be effective July 1, 2017 and shall continue in effect through and terminate at midnight on June 30, 2022, or until terminated pursuant to sections 5.2, subject to availability of funds, and 5.3 below. 5.2 Option to Extend COUNTY shall have the option to renew this Agreement for successive one year increments beyond June 30, 2022. Renewal or extension of the Agreement beyond June 30, 2022 shall be subject to available funding. 5.3 Termination Subject to the applicable provisions of state law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. Lack of funding may also result in termination of this agreement pursuant to section 10.13. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of the R3 Operations, provided by PARTIES under this Agreement, is increased law enforcement presence in each respective PARTY's designated area of jurisdiction in order to counteract the risks associated with realigned offenders released into San Diego County. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in areas where realigned offenders reside, jurisdictions where they are released, and areas they are known to frequent. This patrol presence will include 4th waiver searches, probation compliance checks, directed patrol, and coordinated multi -agency sweeps. In addition, PARTIES will utilize their unique investigatory areas of expertise in Operations. 6.1.2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Utilize Criminal Intelligence Analysts, dedicated to the R3 program, located at the San Diego Law Enforcement Coordination Center (SD-LECC). The SD-LECC will serve as the centralized clearinghouse for information and documentation of realigned offender post -release packets. (b) Conduct meetings every six (6) months with a minimum of one (1) representative from each PARTY. (c) Increase information sharing during Operations. 4 90 of 362 6.1.3 Prior to R3 Operations, an Operations Plan must be approved by the R3designated coordinators. The Operations Plan shall be submitted by the operations coordinator via email to R3@sdsheriff.org at least seventy-two (72) hours prior to the Operation. 6.1.4 At the conclusion of each R3 Operation, participating PARTY shall complete a Daily Activity Report (DAR). The DAR will be submitted to the PARTY'S designated coordinator. 6.1.5 The designated coordinator shall email the following to R3@sdsheriff.org: (a) A completed OVERALL Operation Statistics form (b) All completed DAR forms received from personnel (c) A completed Operation Roster which includes all personnel assigned to the Operation and sign in and sign out times. 6.2 Personnel Qualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualification for their specific classification. 6.2.2 Management, Direction and Supervision The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY'S personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to the R3 program by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages, indemnity, or other compensation or benefit to any other PARTY's personnel engaged in performing this Agreement. 6.2.3 Designated Coordinators SHERIFF shall select and designate a coordinator who shall manage and direct the R3 program. Each other PARTY shall select and designate a coordinator under this Agreement. The designated coordinators for each PARTY shall represent their agency on the R3 outlined in Section 4.2, perform the activities outlined in Section 6.1.5 and implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 5 91 of 362 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to R3 program Operations at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.2.5 Equipment and Supplies Each PARTY will supply its own personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform R3 program Operations under this agreement. 7. COST OF SERVICES/CONSIDERATION 7.1 General As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for personnel assigned to perform R3 program Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY through SHERIFF are dependent on the continued availability of funds from the State of California Local Revenue Fund, Community Corrections Subaccount. 7.2 Personnel Costs/Rate of Compensation During the term of this Agreement, COUNTY through SHERIFF shall reimburse PARTIES for overtime worked by personnel assigned to perform R3 program Operations based upon available funding and the actual costs incurred by PARTIES to provide Operations under this Agreement. 7.3 Method of Payment PARTIES shall submit correct and complete reimbursement forms, labor reports, and timesheets, as documentation that represents amounts due under this Agreement to SHERIFF no later than the final business day of the subsequent month from the month being claimed. All requests for reimbursement shall be sent to: San Diego County Sheriff s Department 0-41 Grants Unit (R3) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms, labor reports, and timesheets must have the signature of PARTY's designated coordinator or his or her designee, certifying that the invoice, labor reports, and timesheets are true and correct. 7.3.2 PARTIES shall provide payroll records for every person whose costs are reimbursable under this Agreement, to include, at a minimum, the person's name, classification, duty position, task, regular hourly rate, overtime -hourly rate, overtime hours worked, date overtime worked, and fringe benefit rate and cost. PARTIES shall make available to SHERIFF for inspection, upon request, 6 92 of 362 all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 Within sixty (60) business days upon receipt of valid invoice and complete documentation, SHERIFF will reimburse PARTIES for the Basic Services agreed to. 7.3.4 Each PARTY is responsible for tracking the claims submitted by their agency to ensure their total claim does not exceed the allocation for their agency. 8. INDEMNIFICATION - WORKERS COMPENSATION, EMPLOYMENT AND CLAIMS AND LIABILITY ISSUES 8.1. The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 8.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective agency or any contract labor provider retained by that respective agency. 8.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, 7 93 of 362 demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 9.1 Claims Arising From Sole Acts or Omissions of a PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action, or proceeding against the other PARTIES, arising solely out of its own acts or omissions in the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 9.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 9.4 below. 9.3 Joint Defense Notwithstanding paragraph 9.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in section 9.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 9.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 10. GENERAL PROVISIONS 10.1 Independent Contractor Status 10.1.1 In the performance of services under this Agreement, COUNTY and CITIES acknowledge and agree that COUNTY and its respective officers, agents and/or employees shall be deemed independent contractors and not officers, 8 94 of 362 agents or employees of CITIES; CITIES and their respective officers, agents and/or employees shall be deemed independent contractors and not officers, agents or employees of COUNTY. All such personnel provided by COUNTY under this Agreement are under the direct and exclusive supervision, daily direction, and control of COUNTY and COUNTY assumes full responsibility for the actions of such personnel in the performance of services hereunder; all such personnel provided by CITIES under this Agreement are under the direct and exclusive supervision, daily direction, and control of their respective agencies and each agency assumes full responsibility for the actions of such personnel in the performance of services hereunder. 10.1.2 COUNTY and CITIES acknowledge and agree that COUNTY does not control the manner and means of performing the work of CITIES' officers, agents or employees who perform R3 program Operations, nor does COUNTY have the right to hire or fire such officers, agents or employees. CITIES do not control the manner and means of performing the work of COUNTY officers, agents or employees who perform R3 program Operations, nor do CITIES have the right to hire or fire such officers, agents or employees. 10.1.3 COUNTY has no authority of any kind to bind CITIES, and CITIES have no authority to bind COUNTY in any respect whatsoever, nor shall COUNTY act or attempt to act, or represent itself directly or by implication as an agent of CITIES, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of CITIES. CITIES shall not act or attempt to act, or represent themselves directly or by implication as an agent of COUNTY, or in any manner assume or create or attempt to assume or create any obligation on behalf of or in the name of COUNTY. 10.2 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the United States mail, first-class postage prepaid and addressed as follows or, to such other place as each party may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriff s Department P. O. Box 939062 San Diego, CA 92193 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 9 95 of 362 To non -County PARTIES: Chief of Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chief of Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chief of Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chief of Police National City Department 1200 National City Boulevard National City, CA 91950 Chief of Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020 Chief of Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chief of Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92058 A notice shall be effective on the date of personal delivery if personally delivered before 5:00p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 10.3 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 10.4 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 10 96 of 362 10.5 Construction This Agreement will be deemed to have been made and shall be construed, interpreted, governed, and enforced pursuant to and in accordance with the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY. 10.6 Waiver A waiver by COUNTY or non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any party to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, whether for that breach or any subsequent breach. The acceptance by COUNTY or non -County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 10.7 Authority to Enter Agreement COUNTY and non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 10.8 Cooperation COUNTY through SHERIFF and non -County PARTIES will cooperate in good faith to implement this Agreement. 10.9 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. COUNTY through SHERIFF will provide each non -County PARTY with a copy of this Agreement once fully executed. 10.10 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 11 97 of 362 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this -1' day of is. 1' R-1 ti- , 2018. COUNTY OF SAN DIEGO SHERIFF'S t/44:000fadtf/ RIFF''SDEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT ATTACHED Neil Gallucci Chief COUNTY OF SAN DIEGO PROBATION DEPARTMENT Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT ATTACHED Roxana Kennedy Chief 12 98 of 362 10.11 Representation Each PARTIES' Chief, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SHERIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July 1, 2017 and executed on this 'D-' day of , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Adolfo Gonzales Sheriff Chief CARLSBAD POLICE DEPARTMENT CHULA VISTA POLICE DEPARTMENT /(r ATTACHED Neil Gallucci Roxana Kennedy Chief Chief 12 99 of 362 10.11 Representation Each PARTIES' Chieff, or their respective designee, shall represent their agency in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent SI IF:RIFF in all discussions pertaining to this Agreement. 10.12 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTIES' Chief of Police, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 10.13 Termination of Funding In the event that funding for reimbursement of costs related to R3 program Operations is terminated, this Agreement in its entirety shall be considered null and void and PARTIES shall no longer be required to provide R3 program Operations as described herein. In such event, COUNTY through SHERIFF shall notify all PARTIES in writing and all PARTIES shall meet immediately, and if agreed upon by the PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of R3 program Operations through alternate means. 10.14 Obligation This Agreement shall be binding upon the successors of the PARTIES. 10.15 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto approve and agree to the terms of this Agreement, such Agreement being effective July I, 2017 and executed on this "-I-WA day of L.--PP , 2018. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF'S DEPARTMENT PROBATION DEPARTMENT ATTACHED ATTACHED William D. Gore Sheriff Adolfo Gonzales Chief CARLSBAD POLICE DEPARTMENT CHVISTA POLICE DEPARTMENT ATTACHED Neil Gallucci Ro an Kennedy Chief Chief' dis 12 100 of 362 ORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froornin Chief ATTACHED Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 101 of 362 CORONADO POLICE DEPARTMENT CITY OF EL CAJOIS ATTACHED Jon Froomin Chief Doug s Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Frank McCoy Chief Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 102 of 362 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED Jon Froomin Chief ESCON ATTACHED Douglas Williford City Manager DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carte Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 103 of 362 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED Jon Froomin Chief ATTACHED Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 104 of 362 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Walt Vasquez Chief Chief NATIONAL CITY ' LICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Ro riguez Chief SAN DIEGO POLICE DEPARTMENT ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL ATTACHED Frank McCoy Chief CITY OF SAN DIEGO ATTACHED Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy Paige E. Folkman Chief Deputy City Attorney 13 105 of 362 CORONADO POLICE DEPARTMENT CITY OF EL CAJON ATTACHED ATTACHED Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT ATTACHED ATTACHED Craig Carter Chief Walt Vasquez Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO ATTACHED ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED ATTACHED Mark Day Senior Deputy By Deputy City Attorney 13 106 of 362 CORONADO POLICE DEPARTMENT CITY OF EL CAJON Jon Froomin Chief Douglas Williford City Manager ESCONDIDO POLICE DEPARTMENT LA MESA POLICE DEPARTMENT Craig Carter Walt Vasquez Chief Chief NATIONAL CITY POLICE DEPARTMENT OCEANSIDE POLICE DEPARTMENT Manuel Rodriguez Chief Frank McCoy Chief SAN DIEGO POLICE DEPARTMENT CITY OF SAN DIEGO Davt Nisleit Chief Mayor Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ik4-.'LAa-dZ� LLA.i By Deputy City Attorney 13 107 of 362 CORONADO POLICE DEPARTMENT ATTACHED Jon Froomin Chief ESCONDIDO POLICE DEPARTMENT ATTACHED Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT ATTACHED Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT ATTACHED David Nisleit Chief Approved as to form and legality: SAN DIEGO COUNTY COUNSEL 4,/, Mark Day Senior Deputy CITY OF EL CAJON ATTACHED Douglas Williford City Manager LA MESA POLICE DEPARTMENT ATTACHED Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT ATTACHED Frank McCoy Chief CITY OF SAN DIEGO ATTACHED Kevin Faulconer (or designee) Mayor Approved as to form: MARA W. ELLIOTT, SAN DIEGO CITY ATTORNEY ATTACHED By Deputy City Attorney 13 108 of 362 RESOLUTION NO. 2018 — 54 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S DEPARTMENT AND PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT AGENCIES THROUGHOUT THE COUNTY FOR PROGRAM SUPPORT OF THE REGIONAL REALIGNMENT RESPONSE GROUP (R3), FOR THE PROGRAM PERIOD RETROACTIVE FROM JULY 1, 2017 TO JUNE 30, 2022, AND AUTHORIZING THE ACCEPTANCE OF THE GRANT FUNDS, AND THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE R3 GRANT IN THE AMOUNT OF $45,000 WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sherriff's Department. requested funds from the Community Corrections Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014- 03, entering into a Memorandum of Understanding with the County of San Diego for program support of R3; and WHEREAS, R3 currently consists of the County of San Diego Sheriff's Department and Probation Department (together referred to as "County") and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, and National City (the "Parties"), and WHEREAS, San Diego County, through the Sherriff's Department, received funds from the State of California Local Revenue 2011, Community Corrections Subaccount to continue the R3 program retroactive from July 1, 2017 through June 30, 2022; and WHEREAS, the funds shall be used to support R3 and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County; and WHEREAS, as part of this Agreement, the National City Police Department is expected to receive approximately $45,000 to conduct compliance and enforcement operations of violators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute the Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) to continue program support of the Regional Realignment Response Group (R3). BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of grant funds in the approximate amount of $45.000 to continue R3's primary goal of public safety to develop and implement a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County retroactive from July 1, 2017 through June 30, 2022. 109 of 362 Resolution No. 2018 — 54 Page Two BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of an appropriation and corresponding revenue budget for the R3 Grant in the amount of $45,000. PASSED and ADOPTED this 17th day of April, 2018. ATTEST: Michael R. DaII, City Clerk APPROVED AS TO FORM: 110 of 362 Passed and adopted by the Council of the City of National City, California, on April 17, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California h il City Jerk of the City of Nfational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-54 of the City of National City, California, passed and adopted by the Council of said City on April 17, 2018. City Clerk of the City of National City, California By: Deputy 111 of 362 RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF ANNUAL GRANT FUNDS AND THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET FOR THE REGIONAL REALIGNMENT RESPONSE GROUP (R3) BASED UPON A MEMORANDUM OF AGREEMENT EXECUTED BY THE CHIEF OF POLICE PURSUANT TO COUNCIL RESOLUTION 2018-54 BETWEEN THE NATIONAL CITY POLICE DEPARTMENT, THE COUNTY OF SAN DIEGO (SAN DIEGO SHERIFF'S DEPARTMENT AND PROBATION DEPARTMENT) AND MUNICIPAL LAW ENFORCEMENT AGENCIES THROUGHOUT THE COUNTY FOR SUPPORT OF R3G OPERATIONS IN THE AMOUNT OF $65,000 WHEREAS, as part of the State of California Realignment (AB 109), San Diego County, through the Sherriff's Department, requested funds from the Community Corrections Partnership ("CCP") to create a Regional Realignment Response Group ("R3"); and WHEREAS, on January 21, 2014, the City Council adopted Resolution No. 2014-03, entering into a Memorandum of Understanding with the County of San Diego for program support of R3; and WHEREAS, R3 currently consists of the County of San Diego Sheriff's Department and Probation Department (together referred to as "County") and the cities of Carlsbad, Chula Vista, Coronado, El Cajon, Escondido, La Mesa, and National City (the "Parties"); and WHEREAS, San Diego County, through the Sherriff's Department, received funds from the State of California Local Revenue 2011, Community Corrections Subaccount to continue the R3 program retroactive from July 1, 2017 through June 30, 2022; and WHEREAS, the funds shall be used to support R3 and its primary goal of public safety by developing and implementing a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County; and WHEREAS, as part of this Agreement, the National City Police Department is expected to receive approximately $65,000 to conduct compliance and enforcement operations of violators. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute the Memorandum of Agreement with the County of San Diego (San Diego Sheriff's Department and Probation Department) to continue program support of the Regional Realignment Response Group (R3). 112 of 362 Resolution No. 2019 - Page Two BE IT FURTHER RESOLVED that the City Council authorizes the acceptance of grant funds in the approximate amount of $65,000 to continue R3's primary goal of public safety to develop and implement a targeted, proactive, intelligence -based approach to control and counteract the risks associated with realigned offenders and Post Release Community Supervision Offenders released into San Diego County retroactive from July 1, 2017 through June 30, 2022. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of an appropriation and corresponding revenue budget for the R3 Grant in the amount of $65,000. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 113 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 114 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) ratifying the acceptance of funds in the total amount of $46,320 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY17 through FY19 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials; 2) ratifying the establishment of corresponding revenue budgets for FY17 through FY19; 3) ratifying the appropriations and expenditures in the amount of $15,420 for FY17; and 4) approving the establishment of Trash Rate Stabilization Fund appropriations for FY18 and FY19. (Engineering/Public Works) Please scroll down to view the backup material. 114 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) ratifying acceptance of funds in the total amount of $46,320 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program from the California Department of Resources Recycling and Recovery (CalRecycle) for FY17 through FY19 to implement recycling projects and programs such as beverage recycling containers in city parks, clean- up activities, and educational materials; 2) ratifying establishment of corresponding revenue budgets for FY17 through FY19; 3) ratifying appropriations and expenditures in the amount of $15,420 for FY17; and 4) approving the establishment of Trash Rate Stabilization Fund appropriations for FY18 and FY19. PREPARED BY: Carla Hutchinson, Assistant Engineer - CivilC.\4 . DEPARTMENT: Engineering/Public Works PHONE: 619-336-4388 EXPLANATION: See attached. APPROVED BY: FINANCIAL STATEMENT: APPROVED: ? Finance ACCOUNT NO. APPROVED: MIS lExpenditure Account No. 172-416-225-399-XXXX $15,472 (FY19 Beverage Container Recycling Program) Expenditure Account No. 172-416-225-399-XXXX $15,428 (FY18 Beverage Container Recycling Program) Expenditure Account No. 172-416-225-399-9073 $15,420 (FY17 Beverage Container Recycling Program) Corresponding revenues have been received and were deposited in account #172-00000-3463. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution authorizing fund appropriations for the Beverage Container Recycling City/County Payment Program from CalRecycle for FY17 through FY19. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 1115of3621 Explanation The Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (CalRecycle) awards funds to eligible California cities and counties specifically for beverage container recycling and litter cleanup activities. The goal of the program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers - aluminum, glass, plastic, and bi-metal. Projects implemented by cities and counties will assist in reaching and maintaining this goal. The City of National City has received funds from this program since FY 2005-06. For the period of FY17 through FY19, the City of National City was awarded a total of $46,320 in funds to implement recycling projects and programs. Staff typically uses these funds to purchase beverage recycling containers for our local community parks, purchase reusable tote bags specifically designed to educate and promote beverage container recycling, and develop public educational flyers and brochures promoting beverage container recycling. Starting with the FY15 funding cycle, jurisdictions have a 24 month term to expend funds. Reporting will require submitting back-up documentation, including proof of purchases, for all expenditures. Failure to meet this reporting due date may result in the denial of funding and collection of unspent/unreported funds. As a result, staff was required to spend the funds allocated for FY17 on the programs listed above, and is seeking City Council ratification of those expenditures. Staff is also seeking City Council approval to establish Trash Rate Stabilization Fund appropriations for FY18 and FY19 to allow for future expenditures, and ratification of the establishment of corresponding revenue budgets for FY17 through FY19 in the total amount of $46,320. 116 of 362 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) RATIFYING THE ACCEPTANCE OF FUNDS IN THE TOTAL AMOUNT OF $46,320 AWARDED TO THE CITY OF NATIONAL CITY FROM THE BEVERAGE CONTAINER RECYCLING CITY/COUNTY PAYMENT PROGRAM FROM THE CALIFORNIA DEPARTMENT OF RESOURCES RECYCLING AND RECOVERY (CALRECYCLE) FOR FY17 THROUGH FY19 TO IMPLEMENT RECYCLING PROJECTS AND PROGRAMS SUCH AS BEVERAGE RECYCLING CONTAINERS IN CITY PARKS, CLEAN-UP ACTIVITIES, AND EDUCATIONAL MATERIALS; 2) RATIFYING THE ESTABLISHMENT OF CORRESPONDING REVENUE BUDGETS FOR FY17 THROUGH FY19; 3) RATIFYING THE APPROPRIATIONS AND EXPENDITURES IN THE AMOUNT OF $15,420 FOR FY17; AND 4) APPROVING THE ESTABLISHMENT OF TRASH RATE STABILIZATION FUND APPROPRIATIONS FOR FY18 AND FY19 WHEREAS, the Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (CalRecycle) awards funds to eligible California cities and counties specifically for beverage container recycling and litter cleanup activities; and WHEREAS, the goal of the program is to reach and maintain an 80 percent recycling rate for all California Refund Value beverage containers - aluminum, glass, plastic, and bi-metal.; and WHEREAS, the City of National City has received funds from this program since FY 2005-06; and WHEREAS, in FY17 through FY19, the City of National City was awarded a total of $46,320 in funds to implement recycling projects and programs used to purchase beverage recycling containers for our local community parks, purchase reusable tote bags specifically designed to educate and promote beverage container recycling, and develop public educational flyers and brochures promoting beverage container recycling; and WHEREAS, the FY15 funding cycle, jurisdictions have a 24 month term to expend funds and reporting requires the submittal of back-up documentation, including proof of purchases, for all expenditures and failure to meet this reporting due date may result in the denial of funding and collection of unspent/unreported funds, therefore, staff was required to spend the funds allocated for FY17 on the programs listed above, and is seeking City Council ratification of those expenditures; and WHEREAS, staff is also seeking City Council's approval to establish Trash Rate Stabilization Fund appropriations for FY18 and FY19 to allow for future expenditures, and ratification of the establishment of corresponding revenue budgets for FY17 through FY19 in the total amount of $46,320; and 117 of 362 Resolution 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance of $46,320 awarded to the City of National City from the Beverage Container Recycling City/County Payment Program with the Department of Resources of Recycling and Recovery (CalRecycle) for FY17 through FY19 to implement recycling projects and programs such as beverage recycling containers in city parks, clean-up activities, and educational materials. BE IT FURTHER RESOLVED that the City Council of the City of National City ratifies the establishment of corresponding revenue budgets for FY 17 through FY19. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes an Appropriation and Expenditures in the amount of $15,420 for FY 17. BE IT FURTHER RESOLVED that the City Council of the City of National City approves the establishment of the Trash Rate Stabilization Fund Appropriation for FY 18 and FY 19. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 118 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 119 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. (Housing Authority) Please scroll down to view the backup material. 119 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. PREPARED BY: Greg Rose, Property Agent PHONE: 619-336-4266 APPROVED BY: EXPLANATION: APV Ventures, LLC (APV) wants to develop their property located at 1821 E 9th Street. Current zoning allows for the construction of 14 units by right. APV will restrict the rent and occupancy of one (1) unit to a very low income household in exchange for a density bonus of 25% mandated by California Government Code Sections 65915 — 65918, which will allow the construction of an additional 3 units for a total of 17 units on the property. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize APV's obligation to provide the one (1) affordable unit and the restriction of the affordable unit by the recordation of this agreement assuring affordability for a total of fifty-five (55) years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property. See Background Report for information on the Density Bonus Law. DEPARTMENT: Housing Authority FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: APPROVED: Finance APPROVED: MIS The Density Bonus 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 and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Resolution 120 of 362 Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 — 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 35% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible. In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that: • The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues. • Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments. • Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities. • The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following: • At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for -sale common interest development are restricted to moderate income residents. • At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. Background Report Page 1 of 2 121 of 362 Attachment No. 1 • The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age -restricted to senior citizens (no affordable units required). Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows: • For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit. • For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit. • Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development. • Rents must include a reasonable utility allowance. • Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units. The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements. Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194). The site plans for the apartment project at 1819 9th Street start on the following page. Background Report Page 2 of 2 122 of 362 1819 9TH STREET APARTMENTS NATIONAL CITY , C A V ZONING AND OPEN SP UNABLE OPEN SPACE MISC8111. NM SO PT 011RU. IDCHIT9 5,100 PROVIDED: AREA., PRIVATE RESIOAM OPEN SPACE (510NAwGE PATIOS. 4M 1.ABOV COMP. gra E E OOP*SS BALCONIES 1:2 COON 1 COMMON I. AREA I ANE 4- NM SITE LOCATION ARCHITECTURAL LEGEND 0 1 L Fa.s. O OFFICE 6MSF -1 co 0 co rn N KgKN.1. NORTH GpwlNwtl crNH.IPA a""1°L1A fCw1) w.1 TRP. allO urosPPN ROOM Nurnbee TERRY ST. 1 I � � I - i� I• l i FI!aIMI -i :1R :_II., v 21 J-li_BR inkf lfim ula..8-III_31� FIRE DEPARTMENT NOTES 1. FIRE ACCESS ROADS THAT EXCEED 150 FEET TO THE FURTHEST END OF THE PROPERTY FROM A PUBLIC STREET SHALL BE PROVIDED WITH WIDTH AND TURNAROUND PROVISIONS. 11. THE FOLLOWING ITEMS PERTAIN TO FIRE HYDRANTS: SIZE AND LOCATOR INCLUDING NUMBER OF OUTLETS AND WHETHER OUTLETS ARE TO BE EQUIPPED WITH INDEPENDENT GATE VALVES. FIRE HYDRANT TO BE OF THREE -OUTLET DESIGN (SEE SEPARATELY APPROVED CIVIL PLANS) 2. FIRE HYDRANTS TO BE LOCATED THROUGHOUT THE PROJECT AS NOT TO HAVE A SEPARATION DISTANCE GREATER THAN 300 12 FEET. FIRE HYDRANTS TO BE LOCATED WITHIN 300 FEET OF ALL LOCATIONS WHICH ARE ROADWAY ACCESSIBLE. (MEASUREMENT STARTS FROM NEAREST EXISTING FIRE 13 HYDRANT TO PROJECT). 3. THE FIFE ALARM SYSTEM SHALL MEET THE REQUIREMENTS OF SECTIONS 907.2 AND 907.5 4 WHERE ACCESS TO OR WITHIN A STRUCTURE OR AN AREA IS RESTRICTED BECAUSE OF SECURED OPENINGS OR WHERE IMMEDIATE ACCESS IS NECESSARY FOR LIFE-SAVING OR FIRE-FIGHTNG PURPOSES THE FIRE CODE OFFICIAL IS AUTHORIZED TO REQUIRE A KEY BOX TO BE INSTALLED IN AN APPROVED LOCATION. THE KEY 80X SHALL BE OF AN APPROVED TYPE AND SHALL CONTAIN KEY(5) TO GAIN NECESSARY ACCESS AS REQUIRED BY THE ETRE CODE OFFICIAL. CFC SECTION 503.8. 5 NEW BUILDINGS SHALL HAVE APPROVED ADDRESS NUMBERS, BUILDING NUMBERS OR APPROVED BUILDING IDENTIFICATION PLACED IN A POSITION THAT IS PLAINLY LEGIBLE AND VISIBLE FROM THE STREET OR ROAD FRONTING THE PROPERTY. THESE NUMBERS SHALL BE A MINIMUM OF 4' HIGH WITH A MINIMUM STROKE WIDTH OF36� PER CFC SECTION 505.1 PORTABLE FIRE EXTINGUISHERS SHALL BE INSTALLED AND MAINTAINED IN ACCORDANCE WITH CFC 808, TABLE 906.3(U AND CHAPTER 3. TITLE IS OCR. THE REQUIRED WIDTH P EMERGENCY FIRE APPAMTUS ACCESS ROADS SHALL NOT BE OBSTRUCTED IN ANY MANNER INCLUDING PARKING VEHICLES. ALL ACCESS ROADS SHALL 8E NO LESS THAN 20 WIDE. 14' HIGH AND SHALL NAVE AN ALL WEATHERED ROAD WITH THE ABILITY TO SUPPORT 75,000 POUNDS OR GREATER WHERE A FIRE HYDRANT IS LOCATED ON A FRE APPARATUS ROAD, THE MIN. ROAD WIDTH SHALL BE 25. 8. BUILDINGS OR PORTIONS OF BUILDINGS EXCEEDING 30 FEET IN HEIGHT ( TO OCCUPIED FLOORS) 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 LINES AND POWER LINES SHALL NOT BE LOCATED WITHIN AERIAL FIDE APPARATUS ACCESS ROADWAY. 9 WHEN SPRINKLERS ARE REOUNED SUBMIT FIRE SPRINKLER TENANT IMPROVEMENTS PLANS TO FIRE DEPARTMENT FOR APPROVAL PRIOR TO INSTALLATION. CFO SECTION 901.4. FIRE HYDRANTS TO BE MARKED BY USE OF A BLUE REFLECTIVE MARKER IN THE ROADWAY. REQUESTS FOR FIRE INSPECTIONS SHALL BE MADE 48 HOURS IN ADVANCE. INSPECTIONS SHALL BE MADE ONCE WORK IS COMPLETE. UTIU2010 APPROVED AND STAMPED PLANS. CONTRACTOR SHALL BE REQUIRED TO HAVE THE APPROVED PLANS ON SITE PER CODE 14. ENTRANCE/EXIT GATES SHALL BE EQUIPPED WITH KNOX BOX AND EMERGENCY STROBE SO AS TO PROVIDE EMERGENCY VEHICLE ACCESS AND EGRESS. A KNOX KEY SWITCH SHALL BE REQUIRED W CONJUNCTION WITH STROBE FOR EMERGENCY ACCESS AND SHALL BE PLACED AT FRONT OF PROPERTY. CONTACT NATIONAL CRY FIRE DEPT FOR EXACT LOCATION. 16. THE EMERGENCY RESPONDER SAFETY FEATURES OF SECTION 614 WILL BE INSTALLED WHERE REQUIRED.. DEFERRED SUBMITTALS AND REPORTS SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED TO THE PROJECT ARCHITECT FOR REVIEW THEN SUBMITTED TO THE BUILDING OFFICIAL FOR APPROVAL BY THE INDIVIDUAL SUBCONTRACTOR/CONSULTANT. DEFERRED SUBMITTAL DOCUMENTS IN ADDITION TO THE SEAL OF THE RESPONSIBLE ENGINEER SHALL BEAR THE SHOP DRAWING APPROVAL STAMPS OF THE PROJECT ARCHITECT. ENGINEER OF RECORD, AND THE GENERAL CONTRACTOR ON ALL SHEETS OF PLANS AND COVER OF THE CALCULATIONS SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED IN A TIMELY MANNER THAT ALLOWS A MINIMUM OF THIRTY WORKING DAYS FOR THE INITIAL PLAN REVIEW TURN - AROUND. ALL COMMENTS RELATED TO THE DEFERRED SUBMITTAL MUST BE ADDRESSED TO THE SATISFACTION OF THE PLAN CHECK DIVISION PRIOR TO APPROVAL OF THE SUBMITTAL ITEMS WORK ON DEFERRED SUBMITTAL ITEMS SHALL NOT COMMENCE. BE FABRICATED OR INSTALLED UNTIL THEIR DESIGN AND SUBMITTAL DOCUMENTS HAVE BEEN APPROVED BY THE BUILDING OFFICIAL. PROVIDE TWO COPES OF DEFERRED SUBMITTAL DOCUMENTS FOR FINAL APPROVAL. DEFERRED SUBMITTAL(S) SHALL BE PROVIDED FOR THE FOLLOWING BUILDING COMPONENTS/ELEMENTS: -FIRE ALARM: -FIRE SPRINKLER PROJECT DATA SCOPE OF WORK 17 UNIT. 3 STORY MULTI -FAMILY APARTMENT BUILDING AND ASSOCIATED ON AND OFF SITE IMPROVEMENTS. STTE ADDRESS: LPN: LEGAL DESCRIPTION: ZONE: GEN. PLAN DESIGNATION 1819 9711 STREET NATIONAL CT1YCA 557-200-13-00 SEE SHEET GN1 RM-1 MEDIUM DENSITY RESIDENTIAL DENSITY PER ZONE: ONE DU PER 1.900 SF OF LOT AREA (26.700 SF) = 14 UNITS DENSITY BONUS: CALIFORNIA LAW GOVERNMENT CODE TITLE 7. PLANNING AND LAND USE: DIVISION 1. PLANNING AND ZONING: CHAPTER 4.3. DENSITY BONUSES AND OTHER INCENTIVES: 85815: ALLOWS 3ADDTRONAL UNITS (1 OF WHICH WILL BE A VERY LOW INCOME UNIT) NO PUBLIC FUNDS ARE INVOLVER AND NO STATE OR FEDERAL TAX CREDIT WILL BE USED. ZONING HEIGHT LIMIT: ALLOWABLE: 45 AND 5 STORIES. PROPOSED: 38' AND 3 STORIES. LOT COVERAGE: MAX. NONE BUILDING SETBACKS ADJACENT TO RS-2 LOT SIZE: MAX. LOT COVERAGE 7511: EASEMENTS: FRONT YARD STREET SIDE 501E YARD REAR YARD 15' O S S REAR YARD O 25,700 SF 0.59 ACRES 19.273 5F REFERENCE CIVIL DRAWINGS FOR ALL EASEMENTS PARKING CALCULATIONS PARKING CALCULATION FOR 17 UNITS (8 UNITS)1 BEDROOM X 1.3 (11 UNITS) 2 6 3 BEDROOMS X 1.5 TOTAL PARKING SPACES REO TOTAL GUEST PARSING (0.5 PER UNIT) TOTAL PARKING SPACES REQUIRED TOTAL PARKING SPACES PROVIDED TUCKER UNDER GARAGE IS SURFACE ASSIGNED 5 SURFACE GUEST 8 (1 COMPACT) ACCESSIBLE ON STREET 7.8 10.5 24.3 8.5 32.8 33.0 FIG ACCESSIBLE PARKING SPACES FOR ASSIGNED (ON -SITE RESIDENT PARKING SPACES ARE ASSIGNED) PER SECTION 1108A4. RESIDENT PARKING: WHEN ASSIGNED PARKING SPACES ARE PROWDED. 2% SHALL BE ACCESSIBLE (1 REQ. I PROVIDED ASSIGNED. VAN SPACE) COMPACT PARKING PROVIDED (1:10) a 2 SPACES (1 PROVIDED) SIGNAGE SHALL BE PROVIDED PER 1109A.8.8 RESIDENTIAL GREEN BUILDING STANDARDS 1. RECYCLING- A MINIMUM OF 85% OF CONSTRUCTION WASTE IS TO BE RECYCLED PER CGC SECTION 4408.2 CONTRACTOR SHALL SUBMIT A CONSTRUCTION WASTE MANAGEMENT PLAN. PER CGC SECTION 4.408.2. 2. OPERATIONS AND MAINTENANCE MANUAL- THE BUILDER IS TO PROVIDE AN OPERATION MANUAL FOR THE OWNER AT THE TIME OF FINAL INSPECTION CGC SECTION 4110.1 3. POLLUTANT CONTROL- DURING CONSTRUCTION, ENDS OF DUCT OPENINGS ARE TO BE 6F41 F0, AND MECH. EQUIPMENT COVERED. COG SECTION 4.504.1 VOCS MUST COMPLY WITH THE MUTATIONS LISTED IN CDC SECTION 4.504.3 AND TABLES 4.504.1, 4.504.2, 4.504.3 AND 4.504.5 FOR: ADHESIVES. PARRS. AND COATINGS. CARPET AND COMPOSITION WOOD PRODUCTS. 4. INTERIOR MOISTURE CONTROL- CONCRETE SLABS WILL BE PROVIDED WITH A CAPILLARY BREAK. CGC SECTION 4.505.21. THE MOISTURE CONTENT OF WOOD SHALL NOT EXCEED 13%BEFORE R IS ENCLOSED IN CONSTRUCTION. THE MOISTURE CONTENT NEEDS TO BE CERTIFIED BY THE CONTRACTOR BY ONE OF 3 METHODS SPECIFIED USTED IN COO SECTION 4.505.3.. BUILDING MATERIALS WITH VISIBLE SIGNS OF WATER DAMAGE SHOULD NOT BE USED IN CONSTRUCTION. 6. INDOOR AR QUALITY- BATHROOM FANS SHALL BE ENERGY STAR RATED. VENTED DIRECTLY TO THE OUTSIDE AND CONTROLLED BY A HUMIDISTAT. CLIC 8. PRIOR TO FINAL INSPECTION THE LICENSED CONTRACTOR MUST PROVIDE TO THE BUILDING DEPARTMENT OFFICIAL WRITTEN VERIFICATION THAT ALL APPLICABLE PROVISIONS FROM THE CGC HAVE BEEN IMPLEMENTED. COC 1023. SHEET INDEX ARCHITECTURAL TITLE COVER SHEET. PROJECT INFO, SITE PLAN FIRE PROTECTION PLAN. A0.01 CHAPTER 11A ACCESSMOITY S CODE ANALYSIS A1.0 FIRST FLOOR +SECOND FLOOR A1.1 THIRD FLOOR +ROOF PLAN A2.0 BUILDING SECTIONS A3.0 EXTERIOR ELEVATIONS A4.0 ENLARGED UNIT PUNS A5.0 INTERIOR ELEVATIONS (KITCHENS +BATHROOMS) A7.0 DETAILS - WALL TYPES A7.1 DETAILS - HORIZONTAL ASSEMBLIES A72 DETAILS - PENETRATIONS A7.3 DETAILS - EXTERIOR A7.4 DETAILS - ROOF & ACCESSIBLE PARKING A7.5 DETAILS - DOOR / WINDOW A7.6 DETAILS - HILTI FIRE -RATED PENETRATIONS CIVIL 1-D COVER SHEET AND DATA 2-0 DETAB FD GRADING & (UTILITIES PLAN 3-D CONSTRUCTION BMP PLAN LANDSCAPE ARCHITECTURE L1 LANDSCAPE PUN L2 LANDSCAPE DETAILS L3 HY5ROZONE PLAN STRUCTURAL S1.1 GENERAL STRUCTURAL NOTES SI.2 TYPICAL DETAILS 51.3 TYPICAL DETAILS 51.4 TABLES & SCHEDULES S2.1 FOUNDATION PLAN 82.2 SECOND FLOOR FRAMING PLAN 52.3 THIRD FLOOR FRAMING PLAN S2.4 ROOF FRAMING PLAN 53.1 FOUNDATION SECTIONS 54.1 FRAMING SECTIONS S4.2 FRAMING SECTIONS PLUMBING PI GENERAL NOTES P2 PLUMBING STANDARD DETAILS P3 PLUMBING PRODUCT SPECS SHEET 1 OF 2 P4 PLUMBING PRODUCT SPECS SHEET 2 OF 2 P5 PB P7 P7A P8B P8 P101 P102 P103 P104 P201 P202 P203 P204 PLUMBING CALCULATIONS DETAILS PLUMBING OAS CALCULATIONS PLUMBING SITE PLAN PLUMBING SITE PLAIN- ENLARGED GAS ISOMETRIC VIEW PLUMBING GAS SCHEMATIC PLUMBING DRAINAGE SCHEMATIC LEVEL 01 PLUMBING WATER SUPPLY PLAN LEVEL 02 PLUMBING WATER SUPPLY PLAN LEVEL 03 PLUMBING WATER SUPPLY PLAN ROOF PLUMBING WATER SUPPLY PLAN LEVEL 01 PLUMBING DRAINAGE PLAN LEVEL 02 PLUMBING DRAINAGE PLAN LEVEL 03 PLUMBING DRAINAGE PLAN ROOF PLUMBING DRAINAGE PLAN MECHANICAL M100 COVER PAGE, LEGEND 8 GENERAL NOTES M101 FIRST FLOOR PLAN MI02 SECOND FLOOR PLAN MI03 THIRD FLOOR PUN M104 ROOF PLAN M105 DETAILS M108 SCHEDULES ELECTRICAL E100 ELECTRICAL LEGEND AND GENERAL NOTES E101 LEVEL-1 UGFMNG PLAN E102 LEVEL-1 POWER PLAN 5101 LEVEL-2 LIGHTING PLAN E202 LEVEL-2 POWER PLAN E301 LEVEL-3 LIGHTING PUN E302 LEVEL-3 POWER PUN E401 ELECTRICAL ROOF PLAN E501 PANEL SCHEDULES 1 OF 3 E501 PANEL SCHEDULES 2 OF 3 E503 PANEL SCHEDULES 3 OF 3 E504 ELECTRICAL SINGLE UNE DIAGRAM E505 ELECTRICAL SITE PLAN E508 SHORT CIRCUIT CALCULATOR E507 ELECTRICAL ROOM ENLARGED PLAN E506 GROUNDING DETAILS NOTES I. ON AND OFF SITE IMPROVEMENTS AND UTIITIES, PAVING, SITE WALLS ARE PERMITTED UNDER A SEPARATE CML IMPROVEMENT PLANS 2. ALL PROPERTY LINES EASEMENTS. RESTRICTIONS AND BUILDINGS ARE SHOWN ON THE CML IMPROVEMENT PLANS UNDER SEPARATE PERMIT. 3. PER ACOUSTIC REPORT - ALL EXTERIOR WINDOWS & GLASS DOORS OF RESIDENTIAL UNITS SHOULD HAVE A MINIMUM RATING OF 5TC 25, & MECHANICAL VENTILATION SHOULD BE PROVIDED IN RESIDENTIAL UNITS. /. A PORTION OF THE PROJECT IS IN A NOISE CRITICAL AREA (OREL CONTOURS OF 60 dB) AS SHOWN ON THE CITY'S GENERAL PLAN. DRIER ARCHITECT STRUCTURAL ENOMEER LANDSCAPE ARCHITECT CIVE ENGINEER IECN/PLUMBEG/EIEOT SOD.S ENGINEER PROJECT DIRECTORY AM/ VENTURES LLC Tom, Tang- Nnn0LMMLn.11201. API Mor in San D.F.. DVSS ARCHITECTS OF EIDEN LLC Beni. SALA- 9d4.IrA..HIA.NHE1Pevoni NEWTON AVS SUITE N 8.6 Di.Fc cA M113 5149BIM 673b999 A-E-STUDIO JUAN NOE WAWA-F-STU010.00M SUITEDSO THAD AVE S, CHULA VISTA cA H910 P LEW MA IE OCOTILLO OESICN CROUP INC NAM( LEONE SAN HARCOS. CA NODS P (6M) 929i224 VICTOR RODRIGUEZ DWI MORENA BLVD SUITE DOD SAN DIEGO. CA 92111 P (9661M1-6101 ,MUIN5 DESIG W J0UAN OROZC0 STREET SUITE DOD SAN DPDO CA 92101 NNE)9 DI s+2T4 DEOCON INC. NED PURGERS OR. SAN DIEGO. CA 92121 .58).11-61100 MUT'coNSuLTANT THE ENOEEEMA° PARTNERS.GRC. 115. .APLES STREET SLUE IN SAIL DEGO. CA DEM (9511) 8.1701 ACOUSTICAL CONSULTANT BIM ASSOCIATES. INC no SOUTH JUNPFA STREET. was HID ESCOIDDG. CA 92a25 D6N 73H570 GENERAL CONTRACTOR ARCHITECT STATEMENT WHERE CONTRACT DOCUMENTS (DRAWINGS AND SPECIFICATIONS) ARE INCOMPLETE, AMBIGUOUS OR CONTAIN CONFLICTING INSTRUCTIONS, DO NOT PROCEED UNTIL RECEIVING WRITTEN CLARIFICATION FROM THE ARCHITECT. THE CONTMCTOR SHALL BE RESPONSIBLE FOR ALL BUILDING SYSTEMS. NEW AND DUSTING TO REMAIN. ALL STRUCTURAL ELECTRICAL, MECHANICAL PLUMBING ETC.. SHALL BE IN GOOD WORKING ORDER WHEN TURNED OVER TO THE OWNER. DEFERRED SUBMITTAL DOCUMENTS FOR DEFERRED APPROVAL ITEMS SHALL BE SUBMITTED TO THE ARCHITECT OF RECORD FOR REVIEW THEN SUBMITTED TO THE BUILDING OFFICIAL FOR APPROVAL BY THE CONSULTANT/ SUBCONTRACTOR PERFORMING THE WORK. DEFERRED SUBMITTAL DOCUMENTS IN ADDITION TO THE SEAL OF THE ENGINEER ON RECORD (WHEN REQUIRED). SHALL BEAR THE SHOP DRAWING APPROVAL STAMPS OF THE ARCHITECT AND ENGINEER OF RECORD, AND THE GENERAL CONTRACTOR ON ALL SHEETS OF PLANS AND COVER OF THE CALCULATIONS. SUBMITTAL DOCUMENTS FOR DEFERRED SUBMITTAL ITEMS SHALL BE SUBMITTED IN A TWIELV MANNER TO ALLOW FOR ADEQUATE REVIEW TIMES. ALL COMMENTS RELATED TO THE DEFERRED SUBMITTAL MUST BE ADDRESSED TO THE SATISFACTION OF THE PLAN CHECK DIVISION PRIOR TO APPROVAL OF THE SUBMITTAL ITEMS. 1819 9TH STREET APARTMENTS NATIONALCITY. SAN DIEGO, CA ARCHITECT: BENJAMIN BAKER 4300 NEWTON AVE. 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NN AINENNYANN Mlle . .0Yd3O%31.0 0BO191 LII\Y/II mom III 11I a k e 1 1Iy-�I� ° ILI-TT -F ..''I I I I I I ° `tI ■ / AOL _ _ IWAo1 _ _ _ j / nnANL _ I j-�j0'l gyy \j le \ ex'901 WTI °I . e'w [Oy 3uma • d l 310 JPO = d•Jrol rIDf01 t� 1ffiNOl '11X61B1M a'wm1 rwltll Y %%A I O3Tfl1 1.401 � 1180012 1 ID30] rw/ JOl ./t 1w�31 �8lA•f01 rLN 30Y 1SA1 ; 1 3 1✓*M L. 14f.b0l 1H+VM 1M1911Yd -1 L.19 -1 LWOIM -/ bb MOM bb I b 125 of 362 Attachment No. Site Plan Page 3 of 5 9 Jo q abed ueId alig 'ON luawLIOMIV 0 TO. TALL PARAPET EL: 34'-T kROOF T.O. SHEATHING EL: 30'-T ,,, THIRD FLOOR T.G. LANDING ▪ EL: 20'S 1l4' SECOND FLOOR T.O. LANDING • EL: 10'-2' UNIT T a�3 BEDROOM cf' r� lJ BEDROOM PARKING 3 i } $FIRST FLOORT.O. SLAB0't EL: 0,0' SECTION, TYP. T.O. TALL PARAPET EL: 34'-T 4, ROOF T.O. SHEATHING EL: 30'-T • THIRD FLOOR T.O. LANDING sr EL: 20'-012' • SECOND FLOOR T.O. LANDING • EL: 9'-9114' • FIRST FLOOR T.O. SLAB sir EL: 0'-0' OSECTION - STAIRS, TYP. 2 •wb YaP•ab` irk 127 UNIT 10 m 11 UNIT To 1 1 i r LJ 1237 SECTION NOUS v. AUSMa..u�awunsiNa 111981.0011. ox,on.a a 0]M7RUGBp1 SfNEMYSNIEINWNRRE EESMJNfERAT® ® iMlrtfl MUMMER WES BETVEeIiROTS �• a NR aIRERATEDWALL 60.11301.9 Q HORU MALABBEAELES. N£ NEETAT.a 1819 9TH STREET APARTMENTS NATIONAL CITY. SAN DIEGO, CA Aliy. DPiA13 ARCHITECT: BENJAMIN BAKER 4300 NEWTON AVE. SAN DIEGO, CA 92113 47H CITY SUBMITTAL 07/11/19 DRAWN BY: BMHMB DRAWING BUILDING SECTIONS A 2.0 910 9 abed ueHd e 'ON luawyPePV T.O. TALL PARAPET YI '.4 YEL efr EMwxO RO Bx OFeaTr } �a _P- 1WRD FLOOR T.O. LANNI1. a �_____ '-� _.T' __ _ ____� I- � x t I- 1-11-f �I-f �I!I MI ®®® tii SEcoM FLOW T.O. LAMM } EL 441H• 6FIRST FLOOR T.O.SUB SFENHIxO W.- TEL: Ba.T _9- 6 THIRD FLOW T.O. LANDING `F aaovr SECOND FLOOR } T NDING EL 4-91M• T.O. --- y FRET FLOOR T.O.ORF Rm h ROOF T.O. BNH.THING } f THIAON..001L T.O. UMW EL: Mt NY 6 + J' EECONO FLOW T.O.IKDINO Y EL 3,11101. REL0.4TFL0aTO. DUD s 0R 7 El 9- R7 3 SOUTH ELEVATION Ell _ Ell .lIl f NORTH ELEVATION ®IN] J la WEST ELEVATION T.O. TAIL PARAPET 1.131, 33, AL, ROOFT.0,.0.SHLWTHRG 'I, EL TIRO O i�OOR T.a W1000 .�F kaBG04NR00RTQ. LMINNO C TEL a-C T.O. SOD O EASTELEVATION 0 O O VBRI. SURF 1A�LTP. CTED W8NL , PROVILED GENERAL NOTES 1. ALL FIRE ECTNGUISIERS. FIRE CABINETS AND FIRE RISER PANELS SHALL BE INSTALLED SO THAT ITS TOP IS NO HIGHER THAN 4MA.F.F. TYP. UNO. 2 PROVIDE CONT. NORIE. PIASTER EXP. JT. AT ALL FLOOR LEVELS. PROVIDE PIASTER EXPANSION I CONTRACTION ITS AS INDICATED OR AS REQUIRED N ASTI/ CI003. JT SPACING SHALL TYPICALLY MEETFOLLOWING CRITERIA: 77) N0 LENGTH SHOULD BE GREATER THAN 1 S-0' IN EITHER DIRECTION. 00 N0 PANEL SHOULD EXCEED 141 SF FOR VERTICAL APPLICATIONS (ONO PANEL SHOUD EXCEED 100 SF IN HORIZONTALAPPLICA710H5. (0) LENttH TO WIDTH RATIOS MINI NOT EXCEED 2.5:1 IN ANY0NEN PANEL 3. EACH BUILDNG SHALL HAVE ADDRESS NUMBER ORLETTERS. ADDRESS SHALL BE PLACED SO THAT IT IS PLAITLYVISIBLE AND LEGIBLE FROM THE ROAD FRONTING THE PROPERTY. (CBC 501.2) 4. ADDRESS CHARACTERS SHALLGE NO LESS THAN 17HK:iW/A374' STROKE. SHALL BE OF NONCOMBUSTIBLE MATERIALS AUI SET ON A BACKGROUND OF CONTRASTING COLOR. BLACK CHARACTERS 07WHITE BACKGROUND. 5. ADDRESS CHARACTERS SMALL BE ILLUMINATED EITHER INTERNALLY 0R EXTERNALLY TO BE VISIBLE AT NIGHT. 0. BUILDINGS SHALL HAVE ADDRESS NUMBERS PLACED ABOVE DR IMMEDIATELY ADJACENT TO ALL DOORS ALLOWING FIRE DEPARTMENT ACCESS IN AN EMERGENCY. 7. MULTI -FAMILY UNITS RAVING ENTRANCE DOORS NOT VISIBLE FROM THE STREET OR ROAD FRONTING THE BUILDNO SHALL HAVE NUMBERS GROUPED FOR ALL UNITS WITHIN EACH STRUCTURE PLAINLY VISIBLE FROM IRE ROAD. SUCH NUMBERS MAYBE GROUPED ON THE WALL OF THE BUILDING OR ON ASIIBSTAMIK MOUNTING POST INDEPENDENT OF THE STRUCTURE. UNIT NUMBERS 511AU BE N0 LESS THAN 4.11101 WI A17r STROKE. ELEVATION KEYNOTES FTU IeSR RO FINISH MTN MESHREwEC FN MAT, TR.. o A EXTERWRMET*L1 BE...EED. ▪ BALCONY ❑ CAVp IRA LEADEN NERD, OOMIEPoIR6 ANDOFFS PER DETA11.1,231, NATO. TM ❑E 0017 PLATE AWNW0 ❑F LOL.O1WE PANDOW IR DETAILS l A OPENING BE N WN APF BECTON 1013.4 ❑❑G BO0010 .DOOR PER OEM. PI H a ▪ MASTER CONTROL JOINTS PER OETNLS ▪ PARAPET PEBOETN.3 WA. TYP. O 0 ooWVERDEraEDW NNETAT.aTn. ▪ BARE W BOLDING PEN OVALS 100.3.Tw. EfxWST300312R6 TFRMNMNONSTX OR MM. INTERIOR OPENING. 1819 9TH STREET APARTMENTS NATIONAL CITY. SAN DIEGO, CA '1/4P GAO ARCHITECT: BENJAMIN BAKER 4300 NEWTON AVE. SAN DIEGO, CA 92113 41H CITY SUBMITTAL 07/11/19 DRAWN BY: BMHMB DRAWING ELEVATIONS A 3.0 Attachment No. 2 No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Housing Authority ] ] WHEN RECORDED MAIL TO: National City Housing Authority Attention: Executive Director 1243 National City Boulevard National City, CA 91950 AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (1821 East Ninth Street, National City) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the 19, day of �v\ j , 2019, by and between the City of National City ("City"), and APV Ventures, LLC, alifornia limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 1821 E. Ninth Street, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low- income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property. In addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915. The Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit, the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. 1 128 of 362 Attachment No. 2 NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1. Waiver of Incentives. Developer acknowledges and agrees that, in addition to the Density Bonus, Developer is entitled to incentives and concessions pursuant to and in accordance with Government Code 65915. Despite such right, the Developer has independently and of its own free will chosen not to receive any such incentives or concessions. 2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the additional incentives and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement one (1), one -bedroom residential dwelling unit on the Property shall be rented and occupied as an Affordable Unit as set forth in this Agreement. As used herein the term "Affordable Unit" shall refer to the one (1) residential dwelling unit on the Property which is held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for San Diego County, established periodically by the California Department of Housing and Community Development ("HCD") and published in the California Code of Regulations. In the event HCD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, the Affordable Unit shall be occupied by a household whose income does not exceed the very low income limits applicable to San Diego County, adjusted for household size, as published annually by HCD, earning at or below fifty percent (50%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate for the Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by the National City Housing Authority) shall not exceed 1/12 of thirty percent (30%) of fifty percent (50%) of the Area Median Income, as adjusted for assumed household size and utilities. The imputed household size for the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for the one (1) one -bedroom unit shall be calculated using fifty percent (50%) of the Area Median Income for a two -person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit: (a) No Relationship With Developer. The Affordable Unit shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners 2 129 of 362 Attachment No. 2 or shareholders of Developer or in any entity having an ownership in Developer or in the Property. (b) Full -Time Students. To the extent consistent with fair housing law, no Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full- time students, unless such persons are eligible to file a joint federal income tax return and all such persons reside in the Affordable Unit. The term "full-time student" shall be defined as any person who will be or has been a full-time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants - Increased Income. If as a result of the annual recertification procedure described in Section 7 below any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time 3 130 of 362 Attachment No. 2 Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty-five (55) years from the date of issuance of final inspection approval of the Development by the City. 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. The Affordable Unit shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Unit is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the unit(s) subject to this Agreement and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Unit and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate 4 131 of 362 Attachment No. 2 enforcement authorities. Any deficiencies in the physical condition of the Affordable Unit shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Unit. The Affordable Unit shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Unit. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Housing Authority, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from this Agreement, including the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold .harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the gross negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 5 132 of 362 Attachment No. 2 13. Damages; Enforcement; Remedies; Security. (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following sixty (60) days written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the _City, being diligently pursued) regarding restrictions on rental of the Affordable Unit, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (ii) the rents actually collected by Developer for the Affordable Unit for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The City shall be entitled to seek and to recover damages in separate actions for 6 133 of 362 Attachment No. 2 successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for, the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than one hundred twenty (120) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Unit, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out- of-pocket expenses reasonably incurred in recovering such liquidated amount. 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement. 7 134 of 362 Attachment No. 2 15. General Provisions. (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: City of National City Attention: City Manager 1243 National City Boulevard National City, CA 91950 8 135 of 362 Attachment No. 2 If to Developer: APV Ventures, LLC c/o Tommy Tong 14041 Montfort Court San Diego, CA 92128 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: Angil P Morris -Jones, City Attorney By: Roberto M. Contreras Deputy City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 136 of 362 Attachment No. 2 DEVELOPER: APV Ventures, LLC, a California limited liability company By: By: Ab_,A Erika Wu, Managin ember Tomm :ng, anagi g Member I 137 of 362 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On 3 i' , 2019, before me, D-1214Q 11et— 071 , notary public, pefsonally appeared TO Hmyiy Tcv an4Q Zl14.4 Wf4 who proved to me on the basis of satisfactory evidence to be he person() whose name(6) ' subscribed to the within instrument and acknowledged to me that lue44/they executed the same in 11484er/their authorized capacity(ies), and that by IhisAer/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature JOUNG HEE KIM k CONOTARY PURIC 2CAl�ORNIA N SAN DIEGO Caron MY COMM. EXP. MAR 8, 2023 E 11 138 of 362 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2019, before me, , notary public, 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 the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) l2 139 of 362 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2019, before me, , notary public, 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 the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the, foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 13 140 of 362 Attachment No. 2 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes East 423.38 feet to a point of a curve concave to the Northwest and having a radius of 85.00 feet and whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of 22.81 feet to a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a radius of 299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book 764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees 38 minutes West along the Northerly line of said quarter Section 129, a distance of 384.0 feet, more or less, to the true point of beginning. Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line: Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 40 feet from the Northwesterly comer of quarter Section 129; thence. from said point of commencement South 18 degrees 14 minutes East, a distance of 283.97 feet. Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center line, described as follows: Beginning at a point which is North 71 degrees 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 323.97 feet from the Northwest comer of quarter Section 129 and described herein; thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve to the left, having a radius of 289.64 feet; thence Easterly along said curve 108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance of 168.12 feet. 14 141 of 362 Attachment No. 2 Also excepting therefrom that portion thereof described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth Street. a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71 degrees 38 minutes East 356.4 feet, more or less, to the Easterly line of that land conveyed to James G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said County; thence along said Easterly line of Flemings Land South 18 degrees 22 minutes East 279 feet, more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of National City recorded January 9, 1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of said County; thence along said Northerly line of City of National City and South 71 degrees 34 minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the true point of beginning parallel with the Northerly line of said quarter Section 129; thence along said parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning. Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 acre Lot 1. APN: 557-200-13-00 15 142 of 362 Attachment No. 3 No Fees per Government Code 6103 Recording Requested By: National City Community Development Commission When Recorded Mail To: National City Community Development Commission Attention: Executive Director 1243 National City Boulevard National City, CA 91950 PERFORMANCE DEED OF TRUST 1821 East Ninth Street, National City THIS DEED OF TRUST is dated as of the I P day of _' ul�end , 2019, between APV Ventures, LLC, a California limited liability company ("Trustor"), whos dress is 14041 Montfort Court, San Diego, California 92128, Lawyers Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City ofNational City, County of San Diego, State of California, described as ("Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. 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 on this Deed of Trust. 1 143 of 362 Attachment No. 3 2. Payment of Liens and Taxes. To pay, when due, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of 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 by 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 for the foregoing purposes; 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; 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. 3. Reimbursement of Costs. 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 statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. 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 this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. 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. 2 144 of 362 Attachment No. 3 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. 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." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, 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 beyond any applicable cure period, 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 or any part of the Property; 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 or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement, subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations 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. Trustee shall cause the notice of default and election to sell to be recorded. 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 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 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 sold, but without any covenant or warranty, express or implied. 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. 3 145 of 362 Attachment No. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust 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 the City of National City, and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations 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 page 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 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. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this 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. 15. Conclusiveness of Recitals. 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 the 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. 16. Attorneys' Fees. 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. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 146 of 362 Attachment No. 3 17. Request for Notices of Default and Sale. 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 be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 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. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et sec .), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et se_c .). the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et semc .), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et sec .), Section 25117 or Section 25316 of the California Health & Safety Code; and 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; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et seq.); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et esg.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 5 147 of 362 Attachment No. 3 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. 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 or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto. has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dumpsite 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 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 and 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 or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (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, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (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 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 ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business 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 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 which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its 6 148 of 362 Attachment No. 3 security under this 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 by law. (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 satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. TRUSTOR: APV Ventures, LLC, a California limited liability company By: By: at4 Erika Wu, Managing Member Tommy ToMan: _ing ember 7 149 of 362 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. • State of California County of San Diego On '�i.t 1 , 2019, before me, Qoct1J‘T -i , notary public, pe'r onally appeared TOU,1 Y 7-1,1J4 aK.4. 4.1 g4 u2tf who proved to me on the basis of satisfactory evidence to be the personfi2 whose nameaisigo subscribed to the within instrument and acknowledged to me that beadle/they executed the same in hasAer/their authorized capacity(ies), and that by leis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal, Signature 8 • JOUNG HEE KIM CoMM.# 2277258 M NOTARY PUBLIC•CA.IFCRNA Vl SAN DIEGO COUNTY MY Con Ex:. Mo. 8. 2023 ' 150 of 362 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2019, before me, , notary public, 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 the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 9 151 of 362 Attachment No. 3 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129 and being the center line of Eighth Street a distance of 663.70 feet to the true point of beginning; thence South 18 degrees 14 minutes East 423.38 feet to a point of a curve concave to the Northwest and having a radius of 85.00 feet and whose center bears North 78 degrees 03 minutes 30 seconds West from said point; thence Northerly along said curve through a central angle 15 degrees 22 minutes 30 seconds a distance of 22.81 feet to a point of reverse curvature with a curve having a radius of 19.45 feet; thence Northeasterly and Easterly along said curve a distance of 32.76 feet to a point of tangency; thence South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve concave to the North and having a radius of 299.64 feet; thence Easterly and Northeasterly along said curve a distance of 110.55 feet to a point of tangency; thence North 71 deg 34 minutes East a distance of 166.0 feet, more or less, to the Easterly line of land conveyed to James G. Fleming by deed recorded November 5, 1918, Book 764, Page 158 of deeds; thence North 18 degrees 22 minutes West along said Easterly line a distance of 439.01 feet to a point on the Northerly line of said quarter Section 129; thence South 71 degrees 38 minutes West along the Northerly line of said quarter Section 129, a distance of 384.0 feet, more or less, to the true point of beginning. Excepting therefrom a strip of land 30 feet wide, lying Easterly of the following described line: Commencing at a point which is North 71 deg 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 40 feet from the Northwesterly corner of quarter Section 129; thence from said point of commencement South 18 degrees 14 minutes East, a distance of 283.97 feet. Also excepting therefrom a strip of land 20 feet in width, being 10 feet on either side of the center line, described as follows: Beginning at a point which is North 7I degrees 38 minutes East 663.70 feet and South 18 degrees 14 minutes East 323.97 feet from the Northwest corner of quarter Section 129 and described herein; thence along the arc of a curve to the left, having a radius of 60 feet, a distance of 71.94 feet to the end thereof; thence tangent to said curve South 86 degrees 56 minutes East a distance of 80.16 feet to the beginning of a curve to the left, having a radius of 289.64 feet; thence Easterly along said curve 108.69 feet to the end thereof; thence tangent to said curve North 71 deg 34 minutes East, a distance of 168.12 feet. 10 152 of 362 Attachment No. 3 Also excepting therefrom that portion thereof described as follows: Beginning at the Northwesterly corner of said quarter Section 129; thence North 71 degrees 38 minutes East along the Northerly line of said quarter Section 129; and being the centerline of Eighth Street, a distance of 693.70 feet; thence South 18 degrees 14 minutes East 315.00 feet to the true point of beginning; thence retracing North 18 degrees 14 minutes West 175.00 feet; thence North 71 degrees 38 minutes East 356.4 feet, more or less, to the Easterly line of that land conveyed to James G. Fleming by deed recorded November 4, 1918, in Book 764, Page 158 of deeds, records of said County; thence along said Easterly line of Flemings Land South 18 degrees 22 minutes East 279 feet, more or less, to the Northerly line of said strip of land 20 feet wide, described in deed to the City of National City recorded January 9, 1925 as File No. 1211 in Book 1065, Page 59 of deeds, records of said County; thence along said Northerly line of City of National City and South 71 degrees 34 minutes West 120.00 feet; North 18 degrees 22 minutes West to a line which is drawn through the true point of beginning parallel with the Northerly line of said quarter Section 129; thence along said parallel line South 71 degrees 38 minutes West 237 feet more or less to the true point of beginning. Also excepting therefrom that portion thereof lying within the Northwesterly 315 feet of said 80 acre Lot 1. APN: 557-200-13-00 11 153 of 362 RESOLUTION NO. 2019 — RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT WITH APV VENTURES, LLC, FOR THE DEVELOPMENT OF 17 UNITS LOCATED AT 1821 EAST 9TH STREET AND RESTRICTING THE RENT AND OCCUPANCY OF ONE (1) UNIT TO A VERY -LOW INCOME HOUSEHOLD IN EXCHANGE FOR A DENSITY BONUS AS MANDATED BY CALIFORNIA GOVERNMENT CODE SECTIONS 65915 — 65918 WHEREAS, APV Ventures, LLC ("Developer") is the owner of that certain real property generally located at 1821 E. Ninth Street ("Property"), in the City of National City, County of San Diego; and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than fourteen (14) housing units on the Property; and WHEREAS, Developer proposes to develop a total of seventeen (17) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a very low-income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the seventeen (17)-unit Development on the Property; and WHEREAS, in addition to the Density Bonus, the Developer is entitled to receive incentives and concessions as set forth in Government Code Section 65915 and the Developer has independently and of its own free will chosen not to receive any such incentives or concessions; and WHEREAS, the Affordable Housing Density Bonus Agreement ("Agreement") will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit including the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of the Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development; and WHEREAS, a Performance Deed of Trust will also be recorded for the purpose of securing the timely performance of the Agreement and the performance of each agreement contained in the Performance Deed of Trust. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City approves the Affordable Housing Density Bonus Agreement with APV Ventures, LLC, for the development of 17 units located at 1821 E. 9th Street and restricting the rent and occupancy of one (1) unit to a very -low income household in exchange for a density bonus as mandated by California Government Code Sections 65915 - 65918. After being recorded by the County of San Diego, a copy of said Agreement will be on file in the office of the City Clerk. 154 of 362 Resolution No. 2019 — Page Two BE IT FURTHER RESOLVED that City of National City will record a Performance Deed of Trust securing the timely performance of Affordable Housing Density Bonus Agreement. After being recorded by the County of San Diego, a copy of said Deed of Trust will be on file in the office of the City Clerk. PASSED and ADOPTED this 6th of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 155 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 156 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the acceptance of the County of San Diego's Community Enhancement Program grant funds of $10,000 for the special event "A Kimball Holiday", with no matching funds required; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego to receive FY20 Community Enhancement Program grant funds; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $10,000 and corresponding revenue budget. (Community Services) Please scroll down to view the backup material. 156 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the acceptance of the County of San Diego's Community Enhancement Program grant funds of $10,000 for the special event "A Kimball Holiday", with no matching funds required; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego to receive FY20 Community Enhancement Program grant funds; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $10,000 and corresponding revenue budget. PREPARED BY: Audrey Denham DEPARTMENT: Co munity vices PHONE: 619 336 4243 APPROVED BY: EXPLANATION: In January 2019, Community Services staff applied for the County of San Diego's Community Enhancement Program Grant to support the City's annual special event "A Kimball Holiday". The Community Enhancement Program is funded by a set percent of Transient Occupancy Tax revenues. The goal of the Community Enhancement Program is to stimulate tourism, promote the economy, create jobs, or provide a better quality of life. In June 2019, the City was awarded $10,000 in grant funds for "A Kimball Holiday". Activities made possible by the Community Enhancement Program Grant include: a snow hill, miniature train ride, and Ferris wheel. The City also received $10,000 in grant funds from the Community Enhancement Program in FY18 and FY19. FINANCIAL STATEMENT: APPROVED: L 7/r7 FINANCE ACCOUNT NO. APPROVED: 282-00000-3474 (Reimbursable Grants Citywide Fund county grants account) - $10,000.00 282-441-340-264-0000 (Reimbursable Grants Citywide Fund promotional materials account) - $10,000.00 No financial impact on the City's General Fund budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Adopt the Resolution 1) authorizing the acceptance of the County of San Diego's Community Enhancement Program grant funds of $10,000; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $10,000 and corresponding revenue budget. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Grant Agreement 2. Resolution 157 of 3 2 County office use only P—1001836 0-12900 E — 53666 T-001 A-100122 Supplier # — 1114069 COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, a Municipal (Grantee) on WHEREAS during the 1982-83 fiscal year, the San Diego County Board of Supervisors established the Community Enhancement program; and WHEREAS, pursuant to Board of Supervisors Policy B-58, the purpose of this Program is to provide funds to nonprofit and/or tax exempt organizations that stimulate tourism, promote the economy, create jobs, and improve the quality of life throughout San Diego County; and WHEREAS, the County funds this program primarily with the County's Transient Occupancy Tax; and WHEREAS, on 6/25/2019 (17), the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Amount of Grant. The County agrees to pay Grantee the amount of $10,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: A Kimball Holiday. 3. Term of Agreement. The term of this Agreement shall be July 1, 2019 through June 30, 2020. 4. Time Period for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 before the end of the Term of Agreement. (b) Grantee shall complete Documentation of Contract Costs report setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than 30 days after the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation not later than 30 days after the end of the extended Term. (c) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct evidence of the expenditure of funds for which grant funds are used for the duration of the audit period specified in Paragraph 8. (d) If the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds 1 158 of 362 (ii) disallows any expenditure by Grantee; (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; or (iv) grant funds were used in a manner contrary to Paragraphs 2 or 5 Grantee shall refund to the County the amount specified by the County's administrator. Grantee shall make this refund within 7 County business days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (e) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) and (c) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within 7 County business days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. (f) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 1 upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 2 and approval of the documentation by County's administrator. 5. Restrictions on use of grant funds. (a) Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, political campaigning, or purely private purposes or activities. (i) If Grantee provides or participates in any activity for which public funds may not be used, such as religious activities, Grantee shall inform the County of this activity before accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity. (b) Grantee shall not spend any grant funds on food or beverages. (c) Grantee shall not donate any grant funds to a third party. (d) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source. (e) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. (f) Grantee shall comply with Board Policy B-58. (g) Grantee's failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement. 6. Administrator of Agreement. The Office of Financial Planning in the Chief Financial Officer's Office shall administer this Agreement on behalf of the County, and Elyana Delgado at (619) 336- 4352 shall administer it on behalf of Grantee. County and Grantee may from time to time designate a different administrator by providing notice in the manner required by Paragraph 7. 7. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: 2 159 of 362 County: Chief Financial Officer Office of Financial Planning County of San Diego 1600 Pacific Highway Room 352 San Diego, CA 92101 Grantee: City of National City City of National City National City branch 1243 National City Blvd. National City, CA 91950 Notices that are personally served shall be deemed delivered on the date served. Notices sent by certified mail shall be deemed delivered 5 County business days after mailing. County and Grantee may from time to time designate a new address for providing notice by providing notice of the new address in accordance with this Paragraph. 8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available, within 5 County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California. Grantee shall maintain such records in an accessible location and condition for a period of not less than 4 years following receipt of final payment under this Agreement unless County agrees in writing to an earlier disposition. The State of California or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. 9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within 3 County business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 County business days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 County business days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 3 160 of 362 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall maintain such insurance as will fully protect both Grantee and County from any or all claims under any workers' compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for bodily injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Grantee or by anyone directly or indirectly engaged or employed by Grantee. Grantee shall exonerate, indemnify and hold harmless County from and against, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws with respect to Grantee and Grantee's employees engaged in performance of this Agreement. County and its agents and employees shall not be, or be held, liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties, or effects of Grantee. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collective, "County Parties") against any and all claims, deductibles, self -insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of funds and/or Grantee's use of County funds under this Agreement arising either directly or indirectly form any act, error, omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation; however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that parry's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 4 161 of 362 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Reserved. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above. 25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a "public work" for prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the State's prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed. Projects subject to the payment of prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State's prevailing wage regulations. Information regarding the State's prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code of Regs. § 16000, et seq. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE By: Deputy Chief Administrative Officer/Chief Financial Officer or Designated Representative Ebony N. Shelton, Director Office of Financial Planning By: Date Authorized signatory Print name and title [Note: Person signing on behalf of Grantee must be authorized by Grantee's Board of Directors to sign this Agreement and must be same person Grantee listed in its funding application as being authorized to sign.] 5 Return This Agreement 162 of 362 THIS PAGE LEFT BLANK INTENTIONALY 6 163 of 362 RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE ACCEPTANCE OF THE COUNTY OF SAN DIEGO'S COMMUNITY ENHANCEMENT PROGRAM GRANT FUNDS OF $10,000 FOR THE SPECIAL EVENT "A KIMBALL HOLIDAY", WITH NO MATCHING FUNDS REQUIRED; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO TO RECEIVE FY20 COMMUNITY ENHANCEMENT PROGRAM GRANT FUNDS; 3) AND AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION OF $10,000 AND CORRESPONDING REVENUE BUDGET WHEREAS, in January 2019, Community Services staff applied for the County of San Diego's Community Enhancement Program Grant to support National City's annual special event "A Kimball Holiday and Tree Lighting Ceremony"; and WHEREAS, the goal of the Community Enhancement Program, which is funded by a set percent of Transient Occupancy Tax revenues, is to stimulate tourism, promote the economy, create jobs, and provide a better quality of life for the community; and WHEREAS, in June 2019, National City was awarded Community Enhancement Program grant funds in the amount of $10,000 for "A Kimball Holiday and Tree Lighting Ceremony" to provide a snow hill, miniature train ride and a Ferris wheel; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the County of San Diego's Community Enhancement Program grant funds in the amount of $10,000 for the City's special event "A Kimball Holiday and Tree Lighting Ceremony", with no matching funds required. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute an Agreement between the City of National City and the County of San Diego to receive the Fiscal Year 2020 Community Enhancement Program grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of a Reimbursable Grants Citywide Fund appropriation in the amount of $10,000 and a corresponding revenue budget. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 164 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 165 The following page(s) contain the backup material for Agenda Item: Warrant Register #48 for the period of 5/22/19 through 5/28/19 in the amount of $1,138,570.67. (Finance) Please scroll down to view the backup material. 165 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #48 for the period of 5/22/19 through 5/28/19 in the amount of $1,138,570.67. (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 issued for the period of ,'22/19 through 5/28/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Bank of America 342405 109,983.34 Portillo Concrete Inc 342438 72,076.88 Project Professionals 342439 141,003.61 Paradise Creek Park III STC Traffic 342459 118,350.29 TS Communications Upgrade Whillock Contracting 342469 396,172.09 Paradise Creek Park Phase III Explanation 2017 Energy Efficiency Series A Harbison Avenue Road Diet CIP FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,138,570.67. APPROVED: `a/*' - % , a FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,138,570.67 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 48 166 of 362 CALIFORN1A+�__ PAYEE ACE UNIFORMS & ACCESSORIES INC ADMINSURE INC AIRGAS USA LLC AT&T BANK OF AMERICA BANK OF AMERICA BOOT WORLD CARDOZA CASAS, LAURA CHILDREN'S HOSPITAL CLEAN HARBORS ENVIRONMENTAL CONCENTRA MEDICAL CENTERS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DANIELS TIRE SERVICE DATA TICKET INC DELL MARKETING L P DEPARTMENT OF JUSTICE FEDEX FERGUSON ENTERPRISES 1350 GEOSYNTEC CONSULTANTS INC GRAINGER HOME DEPOT CREDIT SERVICES IDEMIA IDENTITY & SECURITY USA INNOVATIVE CONSTRUCTION KNOX SERVICES LEHR AUTO ELECTRIC LOPEZ, R LOPEZ, TERESA YOLANDA MANAGEMENT PARTNERS METEAU JR, R NAVRAI INC DBA STARDUST INN NITV FEDERAL SERVICES LLC NV5 INC NV5 INC OFFICE TEAM PE, R PORTILLO CONCRETE INC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL S & S WELDING SAMPITE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SANCHEZ, D NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 48 5/28/2019 DESCRIPTION ACE UNIFORMS PANT / NSD W/C CLAIMS ADM MONTHLY JUN 2019 MOP 45714 SAFETY APPAREL - PW AT&T SBC ANNUAL PHONE SERVICE FOR FY19 2017 ENERGY EFFICIENCY SERIES A 2017 ENERGY EFFICIENCY SERIES B MOP 64096 SAFETY WEARING APPAREL - PW TRAINING ADV LD ULTIMATE TRAINING OFFICE CITY COUNCIL TRANSLATION 05/21/19 N C SAFE ROUTES TO SCHOOLS PROGRAM CONTRACT SERVICES PRE -EMPLOYMENT PHYSICAL RENEWAL PERIOD 6/30/19 - 6/30/20 MAIL PROCESSING SERVICES TIRES FOR CITY FLEET FOR FY 2019 DATA TICKET PARKING ENFORCEMENT CITE / MAY DELL LAPTOP LATITUDE 5290 NEW EMPLOYEE FINGERPRINT TEST APR 2019 DOCUMENTS SENT TO CHICAGO TITLE COMPANY MOP 45723 GENERAL SUPPLIES - PW CNC DUCK POND GW MONITORING MOP 65179 GENERAL SUPPLIES - PW GENERAL SUPPLIES NEEDED FOR BUILDING NEW EMPLOYEE FINGERPRINT TEST APR 2019 HARBISON AVE ROAD DIET COURT FILING AND SERVING NO LIGHT PUSH BUMPER UTILITY, POWERED TRAINING ADV LDG INT INTR RUBEN LOPEZ TRANSLATION SERVICES MAY 21, 2019 MANAGEMENT PARTNERS - CODE ENF RPT IPMA ANNUAL CONFERENCE TRAVEL REIMB SIGNAGE, FACADE IMPROVEMENT PROGRAM REIM TRAINING TUITION CVSA/ PD SEWER USER SURVEY & TAX ROLL SEWER USER SURVEY & TAX ROLL TEMP SERVICES FOR WEEK ENDING 05-03-19-C MILEAGE REIMBURSEMENT - RAY PE HARBISON AVENUE ROAD DIET CIP PARADISE CREEK PARK III MOP 45742 LAUNDRY SERVICES - PW ENERGY RETROFIT CONTRACTING SUPPORT HAZARDOUS WASTE PICK UP / PW DIAMOND PLATE / PW CONSULTING SERVICES -CONTENT DEVELOPMENT TRAINING TUITION FOR ROT FOR 5 OFFICERS TRAINING TUITION FOR TRAFFIC /BAUTISTA TRAINING ADV LDG/ D SANCHEZ CHK NO 342401 342402 342403 342404 342405 342406 342407 342408 342409 342410 342411 342412 342413 342414 342415 342416 342417 342418 342419 342420 342421 342422 342423 342424 342425 342426 342427 342428 342429 342430 342431 342432 342433 342434 342435 342436 342437 342438 342439 342440 342441 342442 342443 342444 342445 342446 342447 DATE 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 5/28/19 AMOUNT 164.84 7,396.66 32.63 5,895.81 109,983.34 43,470.00 357.64 249.16 250.00 27,321.59 975.46 462.00 781.00 4,058.50 1,133.52 2,886.87 19,588.81 96.00 55.34 820.22 4,245.45 948.73 311.24 6.00 16,769.50 345.00 891.28 537.70 160.00 7,500.00 1,645.87 10,000.00 1,690.00 25,459.00 13,303.50 1,939.45 21.46 72,076.88 141,003.61 232.27 2,475.00 15,939.00 60.00 650.00 115.00 46.00 400.32 1/2 167 of 362 CALIFORNIAF__ PAYEE SCST INC SDG&E SEGAL, M SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES BUSINESS ADVANTAGE STC TRAFFIC TELECOM LAW FIRM P C THE BUMPER GUY INC THE FITNESS ARMONY INC THE SHERWIN WILLIAMS CO THE STAR NEWS TOPECO PRODUCTS U S BANK VIORA, B VULCAN MATERIALS COMPANY WHILLOCK CONTRACTING NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 48 5/28/2019 DESCRIPTION CITY OF NC PALM AVENUE GI / ENG GAS AND ELECTRIC UTILITIES - PW TRAINING ADV LDG ULTIMATE TRN OFF/ SEGAL MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756. SUPPLIES FOR EVENTS/ LIBRARY BUSINESS CARD SHELLS / FINANCE SWITCH, PROXIMITY MODULE, CONSTANT MONTHLY MAINTENANCE FOR APRIL 2019 WATER SERVICES AS NEEDED FOR FY19- MOP 45704. OFFICE SUPPLIES / MAYOR'S OFFICE TS COMMUNICATIONS UPGRADE COMPLETION OF SMALL WIRELESS FACILITIES BUMPER / PW SALE 3 IN 1 FOAM BOX SMALL 16 20 24 MOP 77816 TRAFFIC PAINT- PW ADVERTISING NOTICES FOR FY19 MOP 63849 TRAFFIC SUPPLIES - PW US BANK CREDIT CARD SERVICES EDUCATIONAL EXPENSES REIMBURSEMENT SUPPLIES / PW PARADISE CREEK PARK PHASE III CHK NO DATE AMOUNT 342448 5/28/19 8,131.50 342449 5/28/19 28,302.29 342450 5/28/19 249.16 342451 5/28/19 100.10 342452 5/28/19 210.55 342454 5/28/19 1,344.15 342455 5/28/19 2,718.76 342456 5/28/19 17,989.54 342457 5/28/19 30.30 342458 5/28/19 836.15 342459 5/28/19 118,350.29 342460 5/28/19 15,832.00 342461 5/28/19 1,085.28 342462 5/28/19 160.55 342463 5/28/19 97.58 342464 5/28/19 1,058.32 342465 5/28/19 46.69 342466 5/28/19 76.92 342467 5/28/19 972.18 342468 5/28/19 54.62 342469 5/28/19 396,172.09 A/P Total 1,138,570.67 GRAND TOTAL $ 1,138,570.67 2/2 168 of 362 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 6" ' OF AUGUST 2019. AYES NAYS ABSENT 169 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 170 The following page(s) contain the backup material for Agenda Item: Warrant Register #49 for the period of 5/29/19 through 6/04/19 in the amount of $2,122,486.61. (Finance) Please scroll down to view the backup material. 170 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #49 for the period of 5/29/19 through 6/4/19 in the amount of $2,122,486.61. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finance APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of�5/29/19 through 6/4/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation US Bank 342576 62,962.70 PARS Defined Benefit Conversion - Deese FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,122,486.61. APPROVED: `-/*% ,GJ a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,122,486.61 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 49 171 of 362 PAYEE ACEDO, I ANDERSON, E BEARD, P BECK, L BISHOP, R BOEGLER, C BULL, P CAMEON, C CARRILLO, R COLE, L COLLINSON, C CONDON, D CORDERO, E CORPUZ, T DANESHFAR, Z DEESE, L DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S DREDGE, J EISER III, G ETZLER, J FABINSKI, D FERNANDEZ, R FIFIELD, K GAFFNEY, M GAUT, A GELSKEY, K GIBBS JR, R GONZALES, M HANSON, E HARLAN, M HAUG, S HERNANDEZ, M HERNANDEZ, R HODGES, B IBARRA, J JAMES, R JUNIEL, R KIMBLE, R KLOS, F LANDA, A LEACH, D LIMFUECO, M MATIENZO, M MC CABE, T _' CALIFORNIA+�__ NA.TIONAL j ?AICORPQRAT8D WARRANT REGISTER # 49 6/4/2019 DESCRIPTION CHK NO DATE AMOUNT RETIREE HEALTH BENEFITS JUN 2019 342473 6/4/19 160.00 RETIREE HEALTH BENEFITS JUN 2019 342474 6/4/19 110.00 RETIREE HEALTH BENEFITS JUN 2019 342475 6/4/19 70.00 RETIREE HEALTH BENEFITS JUN 2019 342476 6/4/19 140.00 RETIREE HEALTH BENEFITS JUN 2019 342477 6/4/19 110.00 RETIREE HEALTH BENEFITS JUN 2019 342478 6/4/19 260.00 RETIREE HEALTH BENEFITS JUN 2019 342479 6/4/19 580.00 RETIREE HEALTH BENEFITS JUN 2019 342480 6/4/19 400.00 RETIREE HEALTH BENEFITS JUN 2019 342481 6/4/19 290.00 RETIREE HEALTH BENEFITS JUN 2019 342482 6/4/19 165.00 RETIREE HEALTH BENEFITS JUN 2019 342483 6/4/19 420.00 RETIREE HEALTH BENEFITS JUN 2019 342484 6/4/19 280.00 RETIREE HEALTH BENEFITS JUN 2019 342485 6/4/19 520.00 RETIREE HEALTH BENEFITS JUN 2019 342486 6/4/19 140.00 RETIREE HEALTH BENEFITS JUN 2019 342487 6/4/19 250.00 RETIREE HEALTH BENEFITS JUN 2019 342488 6/4/19 660.00 RETIREE HEALTH BENEFITS JUN 2019 342489 6/4/19 110.00 RETIREE HEALTH BENEFITS JUN 2019 342490 6/4/19 70.00 RETIREE HEALTH BENEFITS JUN 2019 342491 6/4/19 680.00 RETIREE HEALTH BENEFITS JUN 2019 342492 6/4/19 480.00 RETIREE HEALTH BENEFITS JUN 2019 342493 6/4/19 250.00 RETIREE HEALTH BENEFITS JUN 2019 342494 6/4/19 250.00 RETIREE HEALTH BENEFITS JUN 2019 342495 6/4/19 460.00 RETIREE HEALTH BENEFITS JUN 2019 342496 6/4/19 220.00 RETIREE HEALTH BENEFITS JUN 2019 342497 6/4/19 270.00 RETIREE HEALTH BENEFITS JUN 2019 342498 6/4/19 540.00 RETIREE HEALTH BENEFITS JUN 2019 342499 6/4/19 700.00 RETIREE HEALTH BENEFITS JUN 2019 342500 6/4/19 700.00 RETIREE HEALTH BENEFITS JUN 2019 342501 6/4/19 115.00 RETIREE HEALTH BENEFITS JUN 2019 342502 6/4/19 120.00 RETIREE HEALTH BENEFITS JUN 2019 342503 6/4/19 480.00 RETIREE HEALTH BENEFITS JUN 2019 342504 6/4/19 135.00 RETIREE HEALTH BENEFITS JUN 2019 342505 6/4/19 500.00 RETIREE HEALTH BENEFITS JUN 2019 342506 6/4/19 120.00 RETIREE HEALTH BENEFITS JUN 2019 342507 6/4/19 600.00 RETIREE HEALTH BENEFITS JUN 2019 342508 6/4/19 400.00 RETIREE HEALTH BENEFITS JUN 2019 342509 6/4/19 200.00 RETIREE HEALTH BENEFITS JUN 2019 342510 6/4/19 780.00 RETIREE HEALTH BENEFITS JUN 2019 342511 6/4/19 140.00 RETIREE HEALTH BENEFITS JUN 2019 342512 6/4/19 50.00 RETIREE HEALTH BENEFITS JUN 2019 342513 6/4/19 300.00 RETIREE HEALTH BENEFITS JUN 2019 342514 6/4/19 480.00 RETIREE HEALTH BENEFITS JUN 2019 342515 6/4/19 155.00 RETIREE HEALTH BENEFITS JUN 2019 342516 6/4/19 600.00 RETIREE HEALTH BENEFITS JUN 2019 342517 6/4/19 160.00 RETIREE HEALTH BENEFITS JUN 2019 342518 6/4/19 100.00 RETIREE HEALTH BENEFITS JUN 2019 342519 6/4/19 280.00 1/3 172 of 362 _' CALIFORNIA +�__ NA.TIONAL j ?A-CORPQRAT8D WARRANT REGISTER # 49 6/4/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT MCDANIEL, P RETIREE HEALTH BENEFITS JUN 2019 342520 6/4/19 290.00 MEDINA, R RETIREE HEALTH BENEFITS JUN 2019 342521 6/4/19 105.00 MENDOZA, G RETIREE HEALTH BENEFITS JUN 2019 342522 6/4/19 290.00 MINER, D RETIREE HEALTH BENEFITS JUN 2019 342523 6/4/19 580.00 MORRISON, R RETIREE HEALTH BENEFITS JUN 2019 342524 6/4/19 520.00 NOTEWARE, D RETIREE HEALTH BENEFITS JUN 2019 342525 6/4/19 120.00 OLIVARES, G RETIREE HEALTH BENEFITS JUN 2019 342526 6/4/19 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS JUN 2019 342527 6/4/19 360.00 PAUU JR, P RETIREE HEALTH BENEFITS JUN 2019 342528 6/4/19 340.00 PEASE JR, D RETIREE HEALTH BENEFITS JUN 2019 342529 6/4/19 140.00 PETERS, S RETIREE HEALTH BENEFITS JUN 2019 342530 6/4/19 290.00 POST, R RETIREE HEALTH BENEFITS JUN 2019 342531 6/4/19 280.00 RAY, S RETIREE HEALTH BENEFITS JUN 2019 342532 6/4/19 190.00 ROARK, L RETIREE HEALTH BENEFITS JUN 2019 342533 6/4/19 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS JUN 2019 342534 6/4/19 520.00 RUIZ, J RETIREE HEALTH BENEFITS JUN 2019 342535 6/4/19 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS JUN 2019 342536 6/4/19 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS JUN 2019 342537 6/4/19 340.00 SHORT, C RETIREE HEALTH BENEFITS JUN 2019 342538 6/4/19 300.00 SMITH, J RETIREE HEALTH BENEFITS JUN 2019 342539 6/4/19 320.00 STEWART, W RETIREE HEALTH BENEFITS JUN 2019 342540 6/4/19 200.00 STRASEN, W RETIREE HEALTH BENEFITS JUN 2019 342541 6/4/19 135.00 TIPTON, B RETIREE HEALTH BENEFITS JUN 2019 342542 6/4/19 250.00 VERRY, L RETIREE HEALTH BENEFITS JUN 2019 342543 6/4/19 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS JUN 2019 342544 6/4/19 480.00 WHITE, J RETIREE HEALTH BENEFITS JUN 2019 342545 6/4/19 230.00 RETIREE HEALTH BENEFIT SUBTOTAL 22,615.00 BALLARDO, D ADV LODG SUB MOTO / PD 342470 6/3/19 2,511.04 SMART & FINAL MOP 45756 SUPPLIES FOR EVENTS/LIBRARY 342471 6/3/19 104.46 HDL COREN & CONE CAFR SERVICES / FINANCE 342472 6/3/19 645.00 24 HOUR ELEVATOR INC CITY WIDE ELEVATOR SERVICE AND REPAIR 342546 6/4/19 410.15 ASSI SECURITY INC CITY WIDE DOOR SECURITY SERVICES 342548 6/4/19 135.00 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL - PW 342549 6/4/19 250.00 CHEN RYAN ASSOCIATES INC PARKING CONSULTANT 342550 6/4/19 1,295.41 CHRISTENSEN & SPATH LLP WI-TOD PROJECT 342551 6/4/19 900.00 CIRCULATE SAN DIEGO INTRA-CONNECT 342552 6/4/19 1,605.00 CLEAR WATER TECHNOLOGIES LLC CITYWIDE WATER TREATMENT SERVICES 342553 6/4/19 580.00 CWEA MEMBERSHIP CERTIFICATION MEMBERSHIP RENEWAL 342554 6/4/19 92.00 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES - PW 342555 6/4/19 746.79 GLOBAL SUPPLY COMPANY INC REFUND FOR OVERPAID BUSINESS TAX, ACCT 1 342556 6/4/19 15.00 GRAINGER MOP 65179 GENERAL SUPPLIES - PW 342557 6/4/19 351.91 HINDERLITER DE LLAMAS CONTRACT SVCS - SALES TAX 2ND QUARTER 342558 6/4/19 5,968.75 HUNTER'S NURSERY INC COMMUNITY SERVICES DAY - CACTUS / CSD 342559 6/4/19 103.01 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 342560 6/4/19 130.00 NBS NBS - MILE OF CARS 342561 6/4/19 866.14 PADRE JANITORIAL SUPPLIES CONSUMABLES - NUTRITION 342562 6/4/19 340.78 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES - PW 342563 6/4/19 3,422.60 2/3 173 of 362 PAYEE PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RED TRUCK FIRE & SAFETY CO SEAPORT MEAT COMPANY SOUTHWEST BOULDER & STONE INC STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T'S & SIGNS UNITED RENTALS US BANK WAXIE SANITARY SUPPLY SECTION 8 HAPS PAYROLL Pay period Start Date 12 5/21/2019 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER # 49 6/4/2019 DESCRIPTION KNIFE SHARPENING - NUTRITION MOP 45742 LAUNDRY SERVICES - PW LIBRARY HVAC SYST. CITYWIDE, ON -SITE FIRE EXTINGUISHER FOOD / NUTRITION 20024- CSD 19 BARK AND SAND MLK BOXES OF PRINTING PAPER CONCRETE DELIVERY SERVICES FY 2019 UTILITIES - SWEETWATER AUTHORITY FOOD / NUTRITION SUPPLIES / COMMUNITY SVCS DAY VACUUM TRAILER RENTAL FOR WASTEWATER PARS DEFINED BENEFIT CONVERSION / DEESE MISCELLANEOUS JANITORIAL SUPPLIES / PW Start Date End Date 5/29/2019 6/4/2019 End Date Check Date 6/3/2019 6/12/2019 CHK NO DATE AMOUNT 342564 6/4/19 46.00 342565 6/4/19 209.47 342566 6/4/19 1,650.00 342567 6/4/19 6,078.00 342568 6/4/19 631.71 342569 6/4/19 1,266.59 342570 6/4/19 712.46 342571 6/4/19 454.85 342572 6/4/19 24.75 342573 6/4/19 11,776.91 342574 6/4/19 9,881.03 342575 6/4/19 4,645.80 342576 6/4/19 62,962.70 342577 6/4/19 1,593.58 A/P Total 145,021.89 915,084.65 1,062,380.07 GRAND TOTAL $2,122,486.61 3/3 174 of 362 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 6" ' OF AUGUST 2019. AYES NAYS ABSENT 175 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 176 The following page(s) contain the backup material for Agenda Item: Warrant Register #50 for the period of 6/05/19 through 6/11/19 in the amount of $389,096.84. (Finance) Please scroll down to view the backup material. 176 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #50 for the period of 6/5/19 through 6/11/19 in the amount of $389,096.84. (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 issued for the period of'6 5/19 through 6/11/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount EXOS Community Svcs 342610 96,936.77 Explanation Exos Pool Maintenance / CSD FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $389,096.84. APPROVED: pia/<t �-.� 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 $389,096.84 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 50 177 of 362 CALIFORNIAF__ PAYEE 24 HOUR ELEVATOR INC ACME SAFETY & SUPPLY CORP AETNA BEHAVIORAL HEALTH AIRGAS USA LLC ALDEMCO ALTA LANGUAGE SERVICES INC AMEDEE, W ASSI SECURITY INC AT&T AT&T AT&T ATAP - ASSOCIATION OF THREAT AZTEC APPLIANCE BLACKIE'S TROPHIES AND AWARDS CALIFA GROUP CITY OF CARLSBAD CONCENTRA MEDICAL CENTERS COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS CURVATURE LLC CWEA MEMBERSHIP CYNTHIA TITGEN CONSULTING INC DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS (20) DCS TESTING & EQUIPMENT INC DE LAGE LANDEN DELGADO, E DELL MARKETING L P DIXIELINE LUMBER CO ESGIL CORPORATION EW TRUCK & EQUIPMENT CO INC EXOS COMMUNITY SERVICES LLC FERGUSON ENTERPRISES 1350 FRANK TOYOTA FUN EXPRESS LLC GRAINGER GRANICUS INC HANDY METAL MART HOME DEPOT CREDIT SERVICES HONOR LIFE MEMORIALS HUDSON SAFE T LITE RENTALS HUNTER'S NURSERY INC HUNTINGTON BEACH HONDA JONES, R KRONOS INC LACAL EQUIPMENT INC -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER # 50 6/11/2019 DESCRIPTION CITY WIDE ELEVATOR SERVICE AND REPAIR SURVEY VEST EMPLOYEE ASSISTANCE PROGRAM - JUNE MOP 45714 SAFETY SUPPLIES - PW FOOD - NUTRITION EMPLOYEE BILINGUAL TESTING REIMBURSEMENT: MILEAGE FOR MEETINGS CITY WIDE DOOR SECURITY SERVICES AT&T SBC PHONE SERVICE FOR APRIL AT&T SBC ANNUAL PHONE SERVICE FOR FY19 AT&T SBC PHONE SERVICE FOR MAY TRAINING TUITION ANNUAL THREAT/SEGAL CITY WIDE APPLIANCE PURCHASES FOR FY MOP 67727, FIRE CENIC BROADBAND - JAN - MAR 2019 FELIX & CARMAGO CLEARS PRE -EMPLOYMENT PHYSICALS CO OF SD SHARE OF PARKING CITATION REV NEXTGEN REGIONAL COMMUNICATIONS SYSTEM - PREVENTATIVE MAINTENANCE CITYWIDE ON N3K-C3172PQ-10GE, NEXUS 3172P 48 X SFP+ ANNUAL MEMBERSHIP AND CERTIFICATION RENE WORKERS' COMPENSATION CONSULTING TIRES FOR CITY FLEET FOR FY 2019- COMMS EQUIPMENT SERVICE HOSE & LADDER TESTING LEASE 20 SHARP COPIERS FOR MAY REIMBURSEMENT FOR CONSTANT CONTACT CREATIVE CLOUD RENEWAL TRAINING LUMBER SUPPLIES PLAN CHECKS, FIRE ENGINE FUEL FILTER KIT EXOS POOL MAINTENANCE / CSD MOP 45723 GENERAL SUPPLIES - PW SILENCER FRONT FLOOR SENIOR CENTER RAFFLE TICKETS MOP 65179 GENERAL SUPPLIES - PW GOVERNMENT TRANSPARENCY & MEETING SHOP SUPPLIES / PW 32 GALLON TRASH CAN, DEGREASER / PW ENGRAVING SVCS FOR VET WALL OF HONOR -ENG 28 INCH REFLECTIVE CONES COMMUNITY SERVICES DAY SUCCULENTS WINDSCREEN & RISER FOR MOTORCYCLES TRAINING REIMBURSEMENT FOR TWO CLASSES TELESTAFF IVR/ASPECT VOXEO SERVICE - DIRT SHOE ASSY / PW CHK NO 342578 342579 342580 342581 342582 342583 342584 342585 342586 342587 342588 342589 342590 342591 342592 342593 342594 342595 342596 342597 342598 342599 342600 342601 342602 342603 342604 342605 342606 342607 342608 342609 342610 342611 342612 342613 342615 342616 342617 342618 342619 342620 342621 342622 342623 342624 342625 DATE 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 6/11/19 AMOUNT 3,677.00 97.01 1,041.78 243.61 3,319.75 120.00 71.92 5,540.00 8,469.85 2,286.60 454.62 675.00 1,323.17 431.74 4,740.06 100.00 1,569.00 9,167.00 8,664.00 42,603.00 26, 709.88 275.00 1,322.50 1,624.64 665.75 3,750.20 2,939.63 70.00 3,247.45 1,144.90 983.70 798.21 96,936.77 892.25 950.03 92.12 1,768.79 2,954.71 184.91 502.48 1,600.00 495.90 485.41 1,454.80 215.07 4.27 886.55 1/2 178 of 362 PAYEE LEFORT'S SMALL ENGINE REPAIR MAN K9 INC MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MHZ COMMUNICATIONS ENT MYERS & SONS HI -WAY SAFETY INC MYERS AND SONS NATIONAL CITY TROPHY OCCAM VIDEO SOLUTIONS OFFICE TEAM ORKIN PEST CONTROL PARTS AUTHORITY METRO LLC PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PRUDENTIAL OVERALL SUPPLY SAN DIEGO POLICE EQUIPMENT SANCHEZ, E SDG&E SHARP ELECTRONICS CORPORATION SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPECIAL SERVICES GROUP LLC STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY THE SHERWIN WILLIAMS CO TRAINING INNOVATIONS INC T'S & SIGNS U S BANK VICTOR STANLEY INC VISTA PAINT VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WEST COAST ARBORISTS INC WETMORES WILLY'S ELECTRONIC SUPPLY D-MAX ENGINEERING STATE CONTROLLER CALIFORNIA NATIONAL Cfl j ?AICORPQRAT8D WARRANT REGISTER # 50 6/11/2019 DESCRIPTION MOP 80702 AUTO SUPPLIES — PW CANINE TRAINING / PD LIABILITY CLAIM COST LIABILITY CLAIM COST PARTS TO REPAIR HEADSETS STREET SUPPLIES / PW ROLLUP VINYL BLACK WITH BORDER MOP 66556. SUPPLIES FOR FACILITIES RENEWAL FOR 5100 PERPETUAL LICENSE TEMPORARY OFFICE SERVICES / NSD CITYWIDE ONSITE PEST CONTROL SERVICES MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2019 MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW AMMUNITION / PD TRAVEL EXPENSE REIMBURSEMENT GAS AND ELECTRIC UTILITIES - PW MAINTENANCE 20 SHARP COPIERS FOR MARCH MOP 69277 LANDSCAPE SUPPLIES - PW CASA DE SALUD SNACKS COMMUNITY SERVICES MOP 63845 OFFICE SUPPLIES - PW MOP 45758 GENERAL AUTO SUPPLIES - PW TRACKER FOR VEHICLES MOP 45704. OFFICE SUPPLIES / FINANCE MOP #61744/COMPUTER ACCESSORIES/MIS WATER SERVICES FOR FACILITIES FY 2019 STREET SUPPLIES / PW MOP 77816 PAINT SUPPLIES / NSD TRAINING TIMS SUPPORT SUBSCRP 2020 TABLE CLOTH AND POSTER TRAINING CREDIT CARD 36 GAL SIDE OPENING LITTER RECEPTACLE MOP 68834. PAINT SUPPLIES / NSD HOT ASPHALT / PW MISCELLANEOUS JANITORIAL SUPPLIES TREE PRUNING AND TRIMMING - PARKS MOP 80333 AUTO SUPPLIES - PW MOP #45763/ELECTRONIC SUPPLIES/MIS SCHOOL DISTRICT ART CONTEST ANNUAL STREET REPORT 17/18 GRAND TOTAL CHK NO DATE AMOUNT 342626 6/11/19 428.32 342627 6/11/19 1,040.00 342628 6/11/19 1,942.50 342629 6/11/19 1,381.65 342630 6/11/19 623.81 342631 6/11/19 742.28 342632 6/11/19 180.50 342633 6/11/19 40.78 342634 6/11/19 995.00 342635 6/11/19 955.60 342636 6/11/19 957.00 342637 6/11/19 290.85 342638 6/11/19 190.52 342639 6/11/19 998.23 342641 6/11/19 6,762.57 342642 6/11/19 999.36 342643 6/11/19 3,204.13 342644 6/11/19 60.05 342645 6/11/19 1,665.04 342646 6/11/19 1,764.00 342647 6/11/19 122.97 342648 6/11/19 285.28 342649 6/11/19 36.98 342650 6/11/19 542.73 342651 6/11/19 600.00 342652 6/11/19 2,746.59 342653 6/11/19 5,822.20 342655 6/11/19 27,979.44 342656 6/11/19 2,444.12 342657 6/11/19 330.42 342658 6/11/19 750.00 342659 6/11/19 144.09 342660 6/11/19 6,761.42 342661 6/11/19 12,344.65 342662 6/11/19 428.52 342663 6/11/19 352.77 342664 6/11/19 4,163.36 342665 6/11/19 45,730.00 342666 6/11/19 364.49 342667 6/11/19 1,094.70 342668 6/11/19 546.83 342669 6/11/19 2,732.06 A/P Total 389,096.84 $ 389,096.84 2/2 179 of 362 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 6" ' OF AUGUST 2019. AYES NAYS ABSENT 180 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 181 The following page(s) contain the backup material for Agenda Item: Warrant Register #51 for the period of 6/12/19 through 6/18/19 in the amount of $2,120,783.05. (Finance) Please scroll down to view the backup material. 181 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #51 for the period of 6/12/19 through 6/18/19 in the amount of $2,120,783.05. (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 issued for the period of 6J12/19 through 6/18/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Hms Construction Inc 342704 237,838.20 Highland Ave Traffic Signal Select Electric Inc 342738 54,105.35 Citywide Traffic Signal Public Emp Ret System 6132019 234,556.89 Service Period 5/7/2019 — 5/20/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,120,783.05. APPROVED: `W•=tG% FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Ratify warrants totaling $2,120,783.05 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 51 182 of 362 CALIFORNIAF__ PAYEE DISCCERT INC GONZALES, R A. PREMAN ROOFING ABLE PATROL & GUARD AMAZON BAKER & TAYLOR BERT W SALAS INC BOB MURRAY & ASSOCIATES BRODART CO BROWN & BIGELOW INC CALIFORNIA LIBRARY ASSOCIATION CANON SOLUTIONS AMERICA INC. CASAS, L CDWG CINTAS CORPORATION CITY OF NATIONAL CITY CONCENTRA MEDICAL CENTERS CONTRERAS, R DANIELS TIRE SERVICE DATA TICKET INC DELTA DENTAL DELTA DENTAL DERMODY, ERLINDA DUNBAR ARMORED INC DURON, C ENTERPRISE FLEET MANAGEMENT FEDEX FERGUSON ENTERPRISES 1350 FULLER'S PLUMBING SERVICE GALEANA, K GOVCONNECTION INC GRAINGER HATCH, GEORGE HINDERLITER DE LLAMAS HMS CONSTRUCTION INC HOME DEPOT CREDIT SERVICES HUNTER'S NURSERY INC INDUSTRIAL NETWORKING SOLUTION INTERSTATE BOOKS4SCHOOL IRON MOUNTAIN JENSEN, M LASER SAVER INC LOPEZ, J LOPEZ, TERESA YOLANDA MARTINEZ, JUAN CARLOS MIDWEST TAPE MISAKO HIROTA DMD 117. -M'I.°l.�J -.. L C ' r ? CORPQRAT8L WARRANT REGISTER # 51 6/18/2019 DESCRIPTION DISC CERTIFICATION - IN HOUSE / PD TRAINING ADV LDG FOR CRITICAL INCD/R GONZ CITY HALL ROOF REPLACEMENT SECURITY GUARD SVCS FOR MAY 2019 - LIBRA LITERACY SUPPLIES FOR LIBRARY / OUT OF S BOOKS AS NEEDED FOR FY2019 / LIBRARY REFUND OF BUSINESS LICENSE FEES PROFESSIONAL SVCS/EXECUTIVE SEARCH - CMO BOOKS - AS NEEDED FY 19 INSULATED NON WOVEN BAGS / PW MEMBERSHIP - CALIF. LIBRARY ASSOC. FOR M PLOTWAVE 345 PRINTER MAINTENANCE - COUNCIL MEETING TRANSLATION 06/04/19 APRICORN AEGIS SECURE KEY 3.0 - USB REFUND OF BUSINESS LICENSE FEES PETTY CASH REPLENISHMENT - MAR -MAY 2019 DOT EXAM / HR TRAVEL REIMB - CA CANNABIS CONTROL SUMMIT TIRES FOR CITY FLEET FOR FY 2019- DATA TICKET PARKING ENFORCEMENT CITE / N GROUP 05-0908601002 - MAY 2019 GROUP 05-0908601002 JUNE 2019 REFUND OF RESIDENTIAL RENTAL TAX ARMORED SERVICES JUN 2019 - FINANCE EDUCATION REIMBURSEMENT ENTERPRISE FLEET LEASE / MAY 2019 FEDEX SHIPMENT - FINANCE MOP 45723 GENERAL SUPPLIES - PW REFUND OF BUSINESS LICENSE FEES EDUCATION REIMBURSEMENT HP LASERJET ENTERPRISE M506 DN PRINTER MOP 65179 GENERAL SUPPLIES - PW HOUSING AUTHORITY PROPERTY REAL ESTATE AUDIT SVCS - TRANSACTIONS SALES TAX QTR HIGHLAND AVE TRAFFIC SIGNAL GENERAL SUPPLIES NEEDED FOR BUILDING MOP 25719 CS DAY SUCCULENTS / CSD CRADLEPOINT 1YR NETCLOUD / MIS BOOKS - PURCHASED FOR MEMORIAL GIVEAWAY RECORD MANAGEMENT AND STORAGE FOR FY19 MILEAGE REIMBURSEMENT MOP 45725 LASER SAVER CITY CLERK MILEAGE REIMBURSEMENT / ENG TRANSLATION SERVICES AS NEEDED FOR FY19 REFUND BUSINESS LICENSE AUDIO VISUAL MATERIALS FOR FY2019 REFUND - MORGAN SQUARE BUSINESS IMPRV. CHK NO 342670 342671 342672 342673 342674 342675 342676 342677 342678 342679 342680 342681 342682 342683 342684 342685 342686 342687 342688 342689 342690 342691 342692 342693 342694 342695 342696 342697 342698 342699 342700 342701 342702 342703 342704 342705 342706 342707 342708 342709 342710 342711 342712 342713 342714 342715 342716 DATE 6/13/19 6/17/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 6/18/19 AMOUNT 8,000.00 594.21 4,847.40 3,084.50 610.50 1,962.37 79.00 6,181.49 146.94 3,773.81 165.00 28.86 100.00 13,524.40 54.00 933.28 44.50 218.88 33.16 1,240.74 326.62 326.62 150.00 339.64 794.00 26,084.54 106.66 151.04 108.00 209.50 4,088.78 1,839.59 500.00 315.57 237,838.20 685.72 397.70 1,455.62 453.42 260.45 8.53 298.90 57.19 267.40 229.00 600.25 367.35 1/3 183 of 362 CALIFORNIAF__ PAYEE MUNICIPAL CODE CORPORATION NAPA AUTO PARTS NATIONAL CITY CHAMBER NATIONAL CITY MOTORCYCLES NATIONAL CITY TROPHY NERI LANDSCAPE ARCHITECTURE NEU OFFICE TEAM O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PEREZ, C PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRUDENTIAL OVERALL SUPPLY SAM AZAD SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SASI SDG&E SELECT ELECTRIC INC SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPARKLETTS STAPLES BUSINESS ADVANTAGE STC TRAFFIC SUPERIOR READY MIX SWEETWATER AUTHORITY SYLVIA CARRILLO TREVINO TELECOM LAW FIRM P C THE SHOPPER INC THE STAR NEWS T'S & SIGNS U S BANK U S POSTMASTER US BANK VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WILSON, R -M'IO-..'`5L C'_l' law rNCO R P QR AT8D • WARRANT REGISTER # 51 6/18/2019 DESCRIPTION MUNICODE, SUPP 52, UPDATE 1 MOP 75943 AUTO SUPPLIES - PW MEMBERSHIP DUES / MAYOR SOTELO-SOLIS AUTOMOTIVE PARTS / EQUIPMENT MOP 66556 SUPPLY - FIRE EL TOYON PARK PROJECT MILEAGE REIMBURSEMENT TEMP SERVICES / CMO MOP 75877 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW EDUCATION REIMBURSEMENT HARBISON ROAD PROJECT MOP 67839 GENERAL SUPPLIES - PW MOP 45742 LAUNDRY SERVICES - PW CITY MANAGER CANDIDATE TRAVEL REIMB TRAINING TUITION 118ACADEMY/SOSA OLIVAS TRAINING TUITION SUPERVISORY/FERNANDO TRAINING TUITION ROT/LOPEZ RUBEN ADVERTISED 3 CIP PROJECTS MONTHLY TRUST ACCOUNTING JUNE 2019 GAS AND ELECTRIC UTILITIES - PW CITYWIDE TRAFFIC SIGNAL MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45756 SUPPLIES - FIRE MOP 63845. BUSINESS CARDS / CITY MANAGER MOP 45758 GENERAL AUTO SUPPLIES - PW WATER SERVICES / MAYOR'S OFFICE OFFICE SUPPLIES PEDESTRIAN ADA IMPROVEMENTS COLD MIX ASPHALTS,TACK OIL, 3/8 SHEET WATER SERVICES FOR PARK FY 2019 CITY MANAGER CANDIDATE TRAVEL REIMB RIGHT OF WAY USE AGREEMENT SUPPLIES - AS NEEDED FY19 ADVERTISING NOTICES FOR FY19 T-SHIRTS FOR CASA DE SALUD TIE DIE SUPPLY CREDIT CARD CHARGES, FIRE POSTAGE STAMPS - US POSTMASTER APRIL CREDIT CARD COMMUNITY SERVICES DEP MOP 46453 BUILDING SUPPLIES - PW MOP 68834 PAINT SUPPLIES / NSD JANITORIAL SUPPLIES MOP 63850 GENERAL SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW EDUCATION REIMBURSEMENT CHK NO DATE 342717 6/18/19 342718 6/18/19 342719 6/18/19 342720 6/18/19 342721 6/18/19 342722 6/18/19 342723 6/18/19 342724 6/18/19 342725 6/18/19 342726 6/18/19 342727 6/18/19 342728 6/18/19 342729 6/18/19 342730 6/18/19 342731 6/18/19 342732 6/18/19 342733 6/18/19 342734 6/18/19 342735 6/18/19 342736 6/18/19 342737 6/18/19 342738 6/18/19 342739 6/18/19 342740 6/18/19 342741 6/18/19 342742 6/18/19 342743 6/18/19 342744 6/18/19 342745 6/18/19 342746 6/18/19 342747 6/18/19 342748 6/18/19 342749 6/18/19 342750 6/18/19 342751 6/18/19 342752 6/18/19 342753 6/18/19 342754 6/18/19 342755 6/18/19 342756 6/18/19 342757 6/18/19 342758 6/18/19 342759 6/18/19 342760 6/18/19 342761 6/18/19 AMOUNT 931.00 100.02 100.00 1,042.76 247.46 485.00 15.54 3,541.86 78.15 112.49 45.00 18,717.38 283.75 311.59 505.59 368.00 69.00 23.00 1,253.32 49.00 17,424.90 54,105.35 948.51 510.34 110.93 265.12 17.95 4,613.90 9,474.29 581.85 6,883.31 750.00 342.00 391.91 525.30 4,437.00 2,695.32 686.00 965.67 69.18 414.75 1,706.31 11.31 29.07 1,898.40 A/P Total 462,021.91 2/3 184 of 362 CALIFORNIA_- PAYEE WIRED PAYMENTS PAYCHEX BENEFIT TECH INC ADMINSURE INC ARCO BUSINESS SOLUTIONS PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Start Date 13 6/4/2019 NATIONAL CiTir law ?NCORPQRAT8D WARRANT REGISTER # 51 6/18/2019 DESCRIPTION BENETRAC ESR SVCS BASE FEE JUN 2019 W/C ACCOUNT REPLENISHMENT MAY 2019 FUEL FOR CITY FLEET MAY 2019 SERVICE PERIOD 05/07/19 - 05/20/19 Start Date End Date 6/12/2019 6/18/2019 End Date Check Date 6/17/2019 6/26/2019 CHK NO DATE 248938 6/14/19 563151 6/12/19 563160 6/12/19 6132019 6/13/19 AMOUNT 542.40 46,356.11 34,863.09 234,556.89 15,419.01 1,327,023.64 GRAND TOTAL $2,120,783.05 3/3 185 of 362 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 6" ' OF AUGUST 2019. AYES NAYS ABSENT 186 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 187 The following page(s) contain the backup material for Agenda Item: Warrant Register #52 for the period of 6/19/19 through 6/25/19 in the amount of $1,535,673.08. (Finance) Please scroll down to view the backup material. 187 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #52 for the period of 6/19/19 through 6/25/19 in the amount of $1,535,673.08. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 n EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 6/19/19-6/25/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of San Diego 342777 55,575.00 Dispatching: Fire Health Net Inc 342799 84,375.36 Group R1192A — May 2019 Health Net Inc 342800 82,988.10 Group R1192A — June 2019 Kaiser Foundation HP 342808 187,270.24 Group 104220-0002 — June 2019 Kaiser Foundation HP 342809 186,998.12 Group 104220-0002 — May 2019 Kimley Horn 342816 112,474.14 El Toyon/Las Palmas PS&E Project Professionals 342825 136,766.04 Paradise Creek Park III 18-07 Public Emp Ret System 6252019 241,381.82 Services Period 5/21/19 — 6/3/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,535,673.08. APPROVED: `07;214 XeJ FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,535,673.08 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 52 188 of 362 CALIFORNIA+�__ PAYEE ACE UNIFORMS & ACCESSORIES INC ALPHA PROJECT FOR THE HOMELESS ASSI SECURITY INC AT&T AT&T BOOT WORLD BSD BUILDERS CAPF CALIFORNIA ASSOCIATION OF CODE CALIFORNIA LAW ENFORCEMENT CALIFORNIA PUBLIC CASTANEDA, J CHEN RYAN ASSOCIATES INC CHRISTIANSEN AMUSEMENTS CIRCULATE SAN DIEGO CITY OF SAN DIEGO COAST INDUSTRIAL SYSTEMS INC COX COMMUNICATIONS COX COMMUNICATIONS DELGADO, E DELL MARKETING L P DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO D-MAX ENGINEERING DYNAMIC CONTRACTING SVCS FRESNO CITY COLLEGE GRAINGER HANDY METAL MART HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HINDERLITER DE LLAMAS HOME DEPOT CREDIT SERVICES HUNTER'S NURSERY INC INFINITY ENERGY INC INNOVATIVE CONSTRUCTION KAISER FOUNDATION HEALTH PLANS NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 52 6/25/2019 DESCRIPTION ACE UNIFORMS / NSD ALPHA PROJECT FOR OUTREACH SERVICES APRIL CITY WIDE DOOR SECURITY SERVICES AT&T SBC PHONE SERVICE FOR MAY AT&T SBC PHONE SERVICE FOR MAY MOP 64096 SAFETY WEARING APPAREL - PW REFUND OF BUSINESS LICENSE FEES JUNE 2019 - FIRE LTD CACEO CRITICAL THINKING TRAINING / NSD JUNE 2019 - PD LTD CPPA MEMBERSHIP VERGARA / NSD MOVIES IN THE PARK GIVEAWAYS ON -CALL PROJECT SUPPORT SERVICES NHC BREAKFAST GIVEAWAY INTRA-CONNECT DISPATCHING: FIRE DST-G830-202, S-P GUN, FINGER, S/W TIP COX INTERNET FY19 COX SERVICE FY19 CASA DE SALUD SUPPLIES OPTIPLEX 7060 WORKSTATIONS GROUP 05-0908600000 - MAY 2019 GROUP 05-0908600000 - JUNE 2019 GROUP 05-7029600000 - MAY 2019 GROUP 05-7029600000 - JUNE 2019 GROUP 05-7029600002 - MAY 2019 WASTEWATER SERVICES APR 2019 REFUND FOR OVERPAID BUSINESS TAX, ACCT 8 TRAINING TUITION BCKGRD/YBARRA MOP 65179 GENERAL SUPPLIES - PW PARTS FOR METAL STORAGE RACK-PW GROUP R1192Q - MAY 2019 GROUP N7177A - MAY 2019 (3) GROUP N7177A - JUNE 2019 (4) GROUP N7176F - MAY 2019 (1) GROUP N7176F - JUNE 2019 (2) GROUP R1192Q - JUNE 2019 GROUP R1192A - MAY 2019 (5) GROUP R1192A - JUNE 2019 (6) GROUP 57135A - MAY 2019 (7) GROUP 57135A - JUNE 2019 (8) AUDIT SVCS / TRANS TAX SALES QTR 2 2018 FEIT 4.5W ST19 DL DIM SMOKE LED LIGHTS MOP 45719 LANDSCAPE SUPPLIES - PW BUILDING FEE REFUND HARBISON AVENUE ROAD DIET GROUP 104220-0002 - JUNE 2019 (10) CHK NO 342762 342763 342764 342765 342766 342767 342768 342769 342770 342771 342772 342773 342774 342775 342776 342777 342778 342779 342780 342781 342782 342783 342784 342785 342786 342787 342788 342789 342790 342791 342792 342793 342794 342795 342796 342797 342798 342799 342800 342801 342802 342803 342804 342805 342806 342807 342808 DATE 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 AMOUNT 1,020.25 10,000.00 320.00 2,240.36 80.42 724.53 24.00 980.00 99.00 2,058.00 135.00 23.98 10,478.45 80.00 2,425.48 55,575.00 412.68 4,574.75 1,244.71 539.25 33,844.82 15,891.48 15,336.84 2,704.68 2,690.49 33.00 1,333.12 125.00 114.00 943.47 656.46 1,969.92 1,860.36 1,860.36 1,598.46 1,598.46 93.81 84,375.36 82,988.10 4,382.54 2,504.30 72.29 69.96 210.11 334.00 16,971.00 187,270.24 1/3 189 of 362 CALIFORNIAF__ PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN LASER SAVER INC MABPA MAINTEX INC MTS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY PRO BUILD COMPANY PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RELY ENVIRONMENTAL ROSE, G RUFFIAN SPECIALTIES SAN DIEGO COUNTY ASSESSOR SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SCST INC SDG&E SHARP ELECTRONICS CORPORATION SMART & FINAL SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STC TRAFFIC SUPERIOR READY MIX SWAGIT PRODUCTION LLC SWEETWATER AUTHORITY T MAN TRAFFIC SUPPLY TALLAL INC THE LINCOLN NATIONAL LIFE INS TORTAS OASIS UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISION SERVICE PLAN VISION SERVICE PLAN VIVANT SOLAR DEVELOPER LLC WEST COAST ARBORISTS INC NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 52 6/25/2019 DESCRIPTION GROUP 104220-0002 - MAY 2019 (9) GRP # 104220-01, 06, 07 - JUNE 2019 GRP # 104220-01, 06, 07 - MAY 2019 GRP # 104220-01, 06, 09 - MAY 2019 GRP# 104220-03, 09 JUNE 2019 GROUP 104220-05 - MAY 2019 (11) GROUP 104220-05 - JUNE 2019 (12) EL TOYON/LAS PALMAS PS&E MOP #45725/PRINTER TONER SUPPLIES/MIS MABPA MEMBERSHIP DUES 2019/CM RIOS CITY WIDE JANITORIAL SUPPLIES / PW MTS TROLLEY FLAGGER SERVICES / NSD CAR WASH SERVICES FOR CITY FLEET FY 2019 MOP 66556 OFFICE SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW PARADISE CREEK PARK III 18-07 MOP 45742 LAUNDRY SERVICES - PW ECM COMMISSIONING HAZARDOUS WASTE REIMB / COPIES OF NUTRITION CENTER FIREFIGHTER RESCUE BELT / FIRE COUNTY RECORDS / NSD TRAINING TUITION ROT / SCANLON CORNEJO / PD TRAINING TUITION ROT/HIRSH PALUMBO HARBISON AVENUE ROAD DIET SDG&E UTILITIES FOR FACILITIES FY 2019 MAINTENANCE 20 SHARP COPIERS FOR MAY EL TOYON PARK DESIGN WORSHIPS LIGHTING SERVICES / PW MOP 45704 OFFICE SUPPLIES / NSD MOP #61744/COMPUTER ACCESSORIES/MIS TS COMMUNICATIONS UPGRADE COLD MIX ASPHALTS,TACK OIL, 3/8 SHEET VIDEO MIGRATION/ 12 MONTHS OF VIDEO - MAY WATER SERVICES FOR WASTEWATER FY 2019 SASO RED SOLAR POWERED LED STOP SIGN PRODUCTION SERVICES: - GROUP 415491 - JUNE 2019 REFUND FOR OVERPAID BUSINESS TAX, ACCT 6 UNDERGROUND SERVICE ALERT FOR FY 2019- STREET SWEEPER REPAIRS AND MAINTENANCE MOP 46453 BUILDING SUPPLIES - PW VERIZON CELLULAR SERVICES FOR MAY MAY 2019 - VISION SERVICE PLAN (CA) JUNE 2019 - VISION SERVICE PLAN (CA) BUILDING FEE REFUND CALFIRE GRANT PLANTING CHK NO 342809 342810 342811 342812 342813 342814 342815 342816 342817 342818 342819 342820 342821 342822 342824 342825 342826 342827 342828 342829 342830 342831 342832 342833 342834 342835 342836 342837 342838 342839 342840 342841 342842 342843 342844 342845 342846 342847 342848 342849 342850 342851 342852 342853 342854 342855 342856 DATE 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 6/25/19 AMOUNT 186,998.12 22,205.76 22,205.76 5,878.71 5,878.41 4,586.92 4,586.92 112,474.14 324.02 500.00 598.86 165.76 330.00 302.32 12,907.15 136,766.04 444.38 18,900.00 2,436.58 116.63 1,462.00 2.95 69.00 46.00 7,623.50 43,454.65 5,425.37 59.94 16,240.64 367.80 1,733.81 21,306.42 199.34 1,920.83 350.96 6,090.00 570.00 18,211.55 48.00 416.91 366.81 480.72 9,077.58 867.83 838.82 383.87 18,725.00 2/3 190 of 362 CALIFORNIAF__ PAYEE WETMORES WILLY'S ELECTRONIC SUPPLY ACCOUNTEMPS AMAZON ATC GROUP SERVICES LLC COUNTY OF SAN DIEGO DBX INC INTERSTATE BOOKS4SCHOOL OFFICE TEAM PARSHA AUTOMOTIVE SERVICES SAN DIEGO UNION TRIBUNE WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 52 6/25/2019 DESCRIPTION MOP 80333 LIGHTS FOR VEHICLE / NSD MOP #45763/ELECTRONIC SUPPLIES/MIS ACCOUNTEMPS TEMP HELP W/E 3/29/19 - FIN SALES TAX T&A1064 10 OSBORN ST UNIFIED PROGRAM FACILITY PERMIT FINAL OPTIC TRAFFIC SIGNAL SALES TAX TEMPORARY SERVICE WEEK ENDED 6/14/19 T&A90075 FUEL PUMP CLASSIFIED LISTINGS ONLINE KIMBALL TOWER SERVICE PERIOD 05/21/19 - 06/03/19 CHK NO DATE AMOUNT 342857 6/25/19 698.13 342858 6/25/19 834.21 342859 6/25/19 2,075.40 342860 6/25/19 3.33 342861 6/25/19 4,000.00 342862 6/25/19 1,535.00 342863 6/25/19 28,630.62 342864 6/25/19 39.67 342865 6/25/19 1,011.96 342866 6/25/19 5,069.47 342867 6/25/19 578.20 A/P Total 1,294,291.26 6252019 6/25/19 241,381.82 GRAND TOTAL $ 1,535,673.08 3/3 191 of 362 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER MONA RIOS, COUNCILMEMBER 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 6" ' OF AUGUST 2019. AYES NAYS ABSENT 192 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 193 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City approving a Tentative Subdivision Map for the subdivision of one parcel into five lots at property located at "C" Avenue south of East 27th Street with an exception for less than required street frontage. (Applicant: Clint Muhe/Alvin Washington) (Case File No. 2019-03 S) (Planning) Please scroll down to view the backup material. 193 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and adoption of a resolution approving a Tentative Subdivision Map for the subdivision of one parcel into five at property located at "C" Avenue south of East 27th Street with an exception for less than required street frontage. (Applicant: Clint Muhe/Alvin Washington) (Case File No. 2019-03 S) PREPARED BY: Chris Stanley C . . DEPARTMENT: Planning Division. PHONE: 619-336-4381 APPROVED BY: EXPLANATION: The applicant is applying for a Tentative Subdivision Map for the subdivision of an existing parcel into five in order to allow for the construction of five single-family dwellings at a future time. The applicant is requesting an exception for less than required street frontage seeing as the existing parcel is landlocked. The parcel is currently vacant and approximately 36,000 square feet in size. Access to the proposed lots would be from an existing easement located at "C" Avenue south of East 27th Street. The attached background report describes the project in detail. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS ENVIRONMENTAL REVIEW: Categorical Exemption Class 32, Section 15332 In -Fill Development Projects ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approval of the Tentative Subdivision M p., BOARD / COMMISSION RECOMMENDATION: The Planning Commission could not reach a majority decision; therefore no recommendation was made. Ayes: DelaPaz, Sendt, Yamane Noes: Flores, Baca, Natividad Absent: Garcia ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions 4. Overhead 5. Site Photos 6. Applicant's Plans 7. Planning Commission Staff Report 8. Public Comments 9. Public Notice 10. Resolution 194 of 362 BACKGROUND REPORT Staff Recommendation Staff recommends approval of a Tentative Subdivision Map (TSM) for the subdivision of an existing parcel into five in order to construct five single-family dwellings and an exception for Tess than required street frontage. The project is consistent with the General Plan and Subdivision Ordinance, and will provide five new home -ownership opportunities. Executive Summary The applicant is applying for a TSM for the subdivision of an existing parcel into five in order to allow for the construction of five single-family dwellings at a future time. An exception for Tess than required street frontage is being requested seeing as the existing parcel is landlocked. The parcel is currently vacant and approximately 36,000 square feet in size. Access to the proposed lots would be from an existing easement located at 'C' Avenue south of East 27th Street. History The Planning Commission conducted a public hearing on July 15, 2019 on the proposed Tentative Subdivision Map. Commissioners asked questions in regards to parking, private road maintenance, traffic, and drainage. Six community members expressed concerns related to parking, traffic and drainage. A motion to approve the project with an added condition related to a maintenance agreement for the roadway easements failed by a tie vote, with three commissioners in favor of approval, and three against; one member was absent. A tie vote results in no action taken in this case. Although not acted upon by the Commission, staff has included an additional recommended condition (No. 65) related to maintenance of the existing and proposed roadway easement from `C' Avenue. Site Characteristics The existing parcel is over three quarters of an acre (approximately 36,000 square feet in size). The property is landlocked and can only be entered through an existing easement at the end of the 'C' Ave. cul-de-sac; the cul-de-sac can only be entered from E. 27th St. The property slopes steeply downward west of the easement, but is relatively flat on the eastern and southern portions of the parcel. The lot dimensions are approximately 300 feet wide (east to west) and 120 feet deep (north to west). ATTACHMENT 1 195 of 362 Proposed Use The applicant is proposing to subdivide the existing, approximately 36,000 square -foot parcel into five. The property is currently vacant. The applicant plans to construct five new single family residences on the proposed Tots. Access to the proposed residences would be provided via the previously mentioned easement from 'C' Avenue and would include the construction of a sloping private driveway in order to reach the residences. The proposed driveway would be 20 feet in width in order to meet Fire Department requirements and would also consist of a hammer head between parcel 2 and 3 for fire truck turnaround. The required private road creates a difference in the usable (net) and existing (gross) square footage of parcels 2 through 5. All lots would meet the setback requirements of the RS-2 zone, which are 20 feet for front yard, five for interior side yard, and 25 for the rear. Subdivision of the property into five lots is proposed as follows: Parcel 1 would have dimensions of 54 feet wide by 120 feet in length for total square footage of approximately 6,480 square feet. Parcel 2 would have dimensions of 55 feet wide by 120 feet in length for total square footage of approximately 6,600 square feet and a net square footage of 4,838 square feet due to the hammerhead required by the Fire Department and road easement. Parcel 3 would have dimensions of 55 feet wide by 120 feet in length for total square footage of approximately 6,600 square feet and a net square footage of 4,838 square feet due to the hammerhead required by the Fire Department and road easement. Parcel 4 would have dimensions of 60 feet wide by 120 feet in length for total square footage of approximately 7,200 square feet and a net square footage of 5,112 square feet due to the road easement. Parcel 5 would have dimensions of 76 feet wide by 120 feet in length for total square footage of approximately 9,120 square feet and a net square footage of 8,299 square feet due to the road easement. Analysis This project contributes to infill development, which is encouraged by the General Plan: Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. 2 196 of 362 The proposal also provides five home ownership opportunities, which is consistent with the City's Housing Element. Subdivision Ordinance The purpose of the Subdivision Ordinance, under Title 17 of the National City Municipal Code, is to regulate and control the division of land in the City. It specifies the procedures and requirements to divide land. One such requirement is that divisions of land that create five or more parcels prepare a tentative subdivision map, hence this application. The Subdivision Ordinance also requires that all land proposed to be divided must conform with the Subdivision Map Act, the General Plan, and any specific plan or regulatory ordinance of the City of National City that may apply. The Subdivision Ordinance also allows Planning Commission to approve modifications that are, "reasonably necessary or expedient and in conformity with the Subdivision Map Act." In this case the applicant is requesting that Planning Commission approve an exception for Tess than required street frontage. The Subdivision Ordinance requires that all new lots have a minimum of 50 feet of frontage on a street. The request for an exception from this requirement is necessary because the property is landlocked and is only able to be accessed via an easement from 'C' Avenue. Therefore, no street frontage would be possible. Land Use Code The Land Use Code establishes a minimum lot size of 5,000 square feet in the RS-2 zone and a maximum density of one dwelling unit per lot. This means that if the subdivision is approved, the applicant will be permitted to construct one single-family house on each proposed parcel that would otherwise not be allowed without the split. The required minimum lot width is 50 feet, which is provided in this proposal. As mentioned previously, all proposed parcels would exceed the minimum lot size for the zone in gross square footage. Required Findings The Subdivision Map Act contains nine required findings for Tentative Subdivision Maps: 1. The proposed map is consistent with the National City General Plan and applicable specific plans. The proposed single-family subdivision, at a density of 7.43 units per acre, is consistent with the Low -Medium Density Residential land use designation, which specifies a maximum density of 9.0 units per acre. In addition, infill development is encouraged by Land Use Policy 4.3. There are no specific plans applicable to the site. 3 197 of 362 2. The site is physically suitable for the proposed type of development. The new parcels will allow for single-family homes to be constructed on a level building pads and meet all applicable design standards (e.g. setbacks). 3. The site is physically suitable for the proposed density of development. The proposed parcels can accommodate single family residences with suitable yard areas and still meet prescribed recommended density for the area. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no natural habitat or body of water present nearby or on -site. The property is mostly surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. All necessary public services will be provided, as required by approvals required for new construction. 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. Access to sewer, water, and drainage utilities in the area or across the property will be maintained as required by all applicable easements. 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. Discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home. 4 198 of 362 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 five 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. All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. A last finding has been included with regard to compliance with the California Environmental Quality (CEQA), which is as follows: 10. That the proposed project has been reviewed in compliance with CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. The City's Subdivision Ordinance, Title 17 of the National City Municipal Code, contains separate findings required for the requested exceptions, which are as follows: 1. The property to be divided is of such size and shape that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, more specifically the minimum street frontage requirement. The property is landlocked and isolated from public streets and is only accessed from an easement from 'C' Avenue; therefore, it cannot meet this requirement. 2. The exception will not by detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity. Adequate access will be provided for all lots from 'C' Avenue via the existing easement. 5 199 of 362 3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. The proposal will create additional homeownership opportunities, consistent with Land Use Policy 4.3, which the requested exception facilitates. In addition, the property is not located within any specific plan area. Department Comments Comments were received from the Engineering and Fire Departments. The comments have been included as Conditions of Approval. The Engineering Department provided comments related to future grading and construction, easements, and Final Map requirements; the Fire Department is requiring compliance with codes related to fire protection and access for future housing. Summary The subject property is more than five times the minimum lot size required in the RS-2 zone and is therefore suitable for subdividing. The proposed project will meet all setback requirements per the RS-2 zone, as well as minimum lot size requirements. The proposal would be consistent with area development. If approved, the proposed subdivision will result in additional home ownership opportunities, which is consistent with the City's Housing Element. Conditions of Approval will ensure that the property is appropriately developed and will meet all requirements of the Land Use Code and pertinent construction codes at the time of future construction. Furthermore, the proposed project will meet all requirements for the requested exception. Options 1. Approve 2019-03 S subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2019-03 S based on findings as determined by the Planning Commission; or, 3. Continue the item for additional information. 6 200 of 362 RECOMMENDED FINDINGS FOR APPROVAL FOR THE TENTATIVE SUBDIVISION MAP 2019-03 S `C' Avenue APN: 562-170-09 1. The proposed map is consistent with the National City General Plan and applicable specific plans because the proposed single-family subdivision, at a density of 7.43 units per acre, is consistent with the Low -Medium Density Residential land use designation, which specifies a maximum density of 9.0 units per acre. In addition, infill development is encouraged by Land Use Policy 4.3. There are no specific plans applicable to the site. 2. The site is physically suitable for the proposed type of development because the new parcels will allow for single-family homes to be constructed on a level building pads and meet all applicable design standards (e.g. setbacks). 3. The site is physically suitable for the proposed density of development because the proposed parcels can accommodate single family residences with suitable yard areas and still meet prescribed recommended density for the area. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because there is no natural habitat or body of water present nearby or on -site. The property is mostly surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems because all necessary public services will be provided, as required by approvals required for new construction. 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 access to sewer, water, and drainage utilities in the area or across the property will be maintained as required by all applicable easements. 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 discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home. ATTACHMENT 2 7 201 of 362 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 because the project will provide five 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 all new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. 10. The proposed project has been reviewed in compliance with CEQA because it is categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. RECOMMENDED FINDINGS FOR THE EXCEPTION FOR LESS THAN REQUIRED STREET FRONTAGE 2019-03 S `C' Avenue APN: 562-170-09 1. The property to be divided is of such size and shape that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements because the property is landlocked and isolated from public streets and is only accessed from an easement from 'C' Avenue. Therefore, it cannot meet this requirement. 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity because adequate access will be provided for all lots from `C' Avenue via the existing easement. 3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City because the proposal will create an additional homeownership opportunities, consistent with Land Use Policy 4.3, which the requested exception facilitates. In addition, the property is not located within any specific plan area. 8 202 of 362 RECOMMENDED FINDINGS FOR DENIAL 2019-03S - "C" Avenue APN: 562-170-09 1. The site is physically unsuitable for the proposed type of development because although all of the parcels meet the minimum 5,000 square foot lot size with their gross area, two of the proposed parcels (2 & 3) will not meet this requirement for their net area. 2. The additional housing will increase traffic on 'C' Avenue. According to SANDAG, five houses will produce an additional 50 daily trips. 3. The site is detrimental to public health, safety, or welfare because it is not meeting the minimum 50 feet street frontage requirement per the RS-2 zone. 9 203 of 362 RECOMMENDED CONDITIONS OF APPROVAL 2019-03 S 'C' Avenue APN: 562-170-09 General 1. This Tentative Subdivision Map authorizes the creation of five new parcels from one existing parcel. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2019-03 S, dated 5/13/2019. No construction or demolition is approved as part of this approval. 2. Before this Tentative Subdivision Map shall become effective, the applicant and/or property owner 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 Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the City Manager or assign 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 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. 3. Approval of the tentative 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. 4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Engineering 5. The Property is in the Federal Flood Plain area. Flood hazard permit shall be obtained from the Engineering Department. It is the responsibility of the Engineer of work to determine if a LOMA, LOMR, or A Certificate of Elevation is required and to process and submit to FEMA for approval. ATTACHMENT 3 10 204 of 362 6. 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. 7. The Storm Water BMP Requirements Applicability Form 1-1 and if required 1-2 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 Division web site at the Zink below *. 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. *http://www. nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees 8. 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. 9. 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. 10.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 11 205 of 362 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. 11.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 12.A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Department prior to any work beginning on the project. 13.A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 14. Industrial facilities shall comply with NPDES regulations. A Storm Water Pollution Prevention plan shall be prepared and submitted to the Engineering Department for approval. The facility shall satisfy the sampling and monitoring requirements of the NPDES regulations. 15.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 a minimum of 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. 16. 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. The proposed new sewer main shall be twelve inches (12"). The invert elevations shall be shown at all connection points to the proposed manholes and where the sewer crosses the existing storm drain. A minimum clearance of twelve inches shall be maintained between the proposed sewer main and the storm drain pipe. 17.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 12 206 of 362 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. 18.An existing 10 foot wide sewer easement reserved to the City of National City exists through lots 1, 2, 3, and 4 and no building encroachment will be allowed within the easement. The plans propose the relocation of the easement, the proposed new easement shall be granted to the City and the old easement quick claimed prior to the approval of the grading plans or the issue of any grading permits. 19.An existing 20 foot wide storm drain easement reserved to the City of National City exists through lots 3, 4, and 5 and no building encroachment will be allowed within the easement. The plans shall show the easement and locations of all proposed buildings and structures. An encroachment agreement between the owner and the City shall be required for any portion of a building or structure that encroaches into the easement. 20.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. 21.The driveway on 'C' Avenue shall be an alley entrance type driveway with pedestrian ramps. 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.The site plan shall be revised to show the following: The Fire Department Hammerhead shall provide a minimum of seventy-five (75) feet for vehicle turn around. 13 207 of 362 25.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 26. NO PARKING zone(s) (red curbing) shall be provided along the 20 foot driveway from 'C' Avenue to the westerly property line of Lot 2. 27.AII NEW dwellings are subject to a Transportation Development Impact Fee of $2,405.00. This includes new homes, condos and apartments. Separate traffic signal plans will be required. 28.AII electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 29.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. 30.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. 31. A public access easement for emergency vehicles and public utilities shall be granted to the City, access gates shall be provided at points where the easements cross the property lines to allow for service vehicle ingress and egress. 32.The final 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. 33. 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. 34. Separate water and sewer laterals shall be provided to each lot/parcel. 14 208 of 362 35. 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. 36. The creation of an easement for ingress and egress and for general utilities shall be required. The easement shall be created on the final map. 37. SUSMP documentation must be submitted and approved. 38.All utilities distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 39.The final map shall be recorded prior to issuance of any building permit. 40.AII new property line survey monuments shall be set on private property, unless otherwise approved. 41.The 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 42. Project shall be designed to code. 43.The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2016 editions of NFPA, CFC and the current edition of the CCR. 44. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per code. 45. Fire apparatus access roads shall comply with the requirements of this section (Section 5 CFC 2013) 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. Proposed hammerhead does not meet CFC Appendix D length (70 feet). 15 209 of 362 46. 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 Tess than 14 feet high and shall have an all weathered 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. 47. The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire rescue operations or where necessary to meet the public safety objectives of the jurisdiction. 48. The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (CFC 2016 Edition - Section 503.1.2) 49. Parking shall not impact requirements of turn -around provision or roadway at any time. 50. Grade of fire apparatus road shall be within the limits established (15% Grade) by the fire code official based on fire department's apparatus. 51. 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. 52. Every building 4 stories or more shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of fire department access. Such standpipes shall be provided with fire department hose connections at accessible locations adjacent to such useable stairs and the standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there sha!! he provided a 2 1, -inch valve outlet for fire department use. 16 210 of 362 53. Where the roof has a slope Tess than four units vertical in 12 unit's horizontal, a hose connection shall be located to serve the roof of at the highest landing of a stairway with stair access to the roof provided in accordance with the current code. 54. If entrance/exit gates are used, they 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. 55. Fire hydrants that may be located throughout the project as not to have a separation distance greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest public fire hydrant to project) 56.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 57. Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch). 58. Fire hydrants to be marked by use of blue reflective marker in the roadway. 59. 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 pipe and their appliances, shall meet industry/code standards for underground use 60.An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 17 211 of 362 61.Approved vehicle access for firefighting shall be provided to all construction and demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 62. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 63. 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 64. Plans submitted for construction shall be conformance with all applicable development codes, including design, parking, and landscaping. 65.The applicant shall record a maintenance agreement for the maintenance of the access easement for lots one through five, approved as to form and content by the City Attorney, and recorded with the County Recorder with the Final Map. The agreement shall also include reference to maintenance of the existing roadway easement from "C" Avenue to the subject property 18 212 of 362 2019-03 S CUP — "C" Avenue — Overhead 61t;:;;,- IIIII I, ATTACHMENT 4 19 t N 213 of 362 ATTACHMENT 5 218 of 362 rINITY LOOKING NORT VICINITY MAP N0 SCALE LEGAL DESCRIPTION ME WES7k7ICY 300 FEET OF ALL MAT PURRON OF ME EASTERLY 555 FEET OF ACRE LOT 5, IN QUARTER SECTION 152, RANCHO DE LA NAC10N, 04 THE CITY OF NATIONAL an; COUNTY OF SAN DIEGO, 57A7E OF CALIFORNIA, ACCORDING TO AMP THEREOF NO.. 166, FILED 0 ME OFFICE OF THE COUNTY RECORDER OF SN DIEGO COUNTY ON MAY If, 1869. SOURCE OF TOPOGRAPHY THE EXS1NG TOPOGRAPHY SHOWN HEREON WAS COMPILED BY AERIAL PHOTOGRAMMARC METHODS ON OCTOBER 8, 2018 BY INLAND AERIAL SURVEYS, INC. BENCHMARK THE BENCHMARK USE0 FOR ME TOPOGRAPHIC SURVEY SHOWN HEREON IS THE BRASS PLUG Al' THE NW CORNER OF 271h STREET AND '0' AVENUE, IN THE CITY OF NARONAL CITY AS PUBUSNEU AY THE CBY OF SAN DIEGO VERTICAL CONTROL BENCHB00K, OCTOBER, 20T1. ELEVA770N 49.355; DATUM: MEAN SEA LEVEL BASIS OF BEARINGS THE BASIS OF BEARINGS FOR THE PROPERTY LINES SHOWN HEREON 1S NE CALIFORNIA COORDINATE SYSTEM OF 1983, ZONE 6, EPOCH 1991.35, ADJUSTED, CR10 BEARING BETWEEN SECOND ORDER STA1T0N5 1278' AND '1284' A5 PUBLISHED ON RECORD OF SURVEY MAP N0, 14492. Q APN 552.122-05 APN ..:.....__._ 1562-170-03 , 349 1_ PA 0 35 U REmOxE 200'pF E'L- 8 VC5P, 5WR R, 7 NEAREST FH IS APPROX- 350' FROM NYY P0. OF PROJECT ON 27th 5E APN 552-122-08 APN 562-122-19 PARCEL 7 P.M. B045 PARCEL 2 P.M. 8045_ -: • J0000 •^�. (FS 42.5) J- ,.T - 70 33./ © N _ �--e' PVC 'EWER ss • 4_PRIVATE 25 _DRIVEW4Y • r/T- --- • ham. W N 6" PVC WRIER PS :71 - s • APN 562-170-18 55 N72'10'46"E EI I /SO' / APN 552-170-25 N 300.00 7W J8: FG .32,0 .REMOVE 200'-OF nit 34.0 FG 32.0 • EX R/W. 23' g APN 552-122-11 APN 552-122-13 PARCH 3 P.M. 5048 P.M. 5045 • F.F. PAD J70 r i. APN 552-170-21 R.D.S. 11195 LEGEND 5YMB0L DESCRIPTION EXISTING RIGHT OF WAY EXISTING tOT LINE EXISTING EASEMENT EXISTING CURE BOWING MAJOR CONTOUR EXISTING ARNOR CONTOUR 1' EXISTING' WATER MAIN EXISTING SEWER MAIN E705ONG STORM DRAIN EXISTING BUILDING 41 EXISTING FIRE HYDRANT .....:.......................... ;............... EXISTING FENCE ffib.'°. .:..•.° E.Xs..i 5/1`,4 %AAA `• FFMA ZONE AH (EL = 22) EXISTING EASEMENTS © A 15' WIDE EASEMENT FOR ROAD AND PUBLIC UTILITY PURPOSES pp BENEFTITING APN 562-170-09 (THE REMELT PROPERTY). A 10' WIDE EASEMENT 10 THE CITY OF NATIONAL CRY FOR CONSTRUCTION, RECONSTRUCTION, INSPECTION, MAINTENANCE, OPERATION AND REPAIR OF A SEWER AND INCIDENTAL PURPOSES. RECORDED APRIL 28, 1947 IN BOOK 2568, PACE 489, O.R, A PORTION OF THIS EASEMENT IS PROPOSED TO BE 77100,A7ID TO THE NEW 0RN4}IWY. • A 20' WIDE EASEMENT TO THE CRY OF NATIONAL CITY TO CONSTRUCT, RECONSTRUCT, MAWTA/N, OPER47E AND REPAIR A PUBLIC STORM DRAIN, INCLUDING ANY OR ALL APPURTENANCES THERETO, TOGETHER OATH THE RIGHT OF INGRESS AND EGRESS AND 1NC0ENTAL PURPOSES. RECORDED NOVEMBER 3, 1986 AS FILE N0. 86-500857, O.R. A 20' WIDE STORM DRAIN, FIRE UNE AND PUBLIC ACCESS EASEMENT TO 7715 CITY OF NATIONAL CITY, PER DOC. REC. NUMBER 12, 1978 AS DOC. N0. 78-473838 O.R. PROPOSED EASEMENTS AA A 24' WIDE PUBLIC URU7Y AN0 EMERGENCY VEMCUUR ACCESS EASEMENT TO THE Cm OF NATIONAL CAY AND THE SWEE7WATER AUTHORITY. IJ, A 20' WIOE PRIVATE DRIVEWAY EASEMENT TO THE OWNERS OF L015 1-5. PROJECT DATA I. APN: 562-170-09 2. GROSS AREA 36,0350 (0.83u0: NET AREA 29,572s1 (0.66oc) 3. EXISTING ZONING RS-2; PROPOSED ZONING: RS-2 4. EXISTING GENERAL PLAN LAND USE: VACANT PROPOSED LAND USE SINFJE FAMILY DETACHED 5. EXLSIING/PROPOSED SETBACKS: FRONT = 20' SIDE YARD = 5' STREET SIDE YARD = 10' REAR = 25' 6. PROPOSED LOT AREAS LOT GROSS AREA NET AREA 1 6,485sf 6,4850 2 6,6060 4,8380 3 6.606sf 4.8380 4 7,2I80 5, I12s1 ,5 91200 8299s1 TOTAL 36,0350 29,5720 REQUESTED DEVIATIONS 1. REDUCTION /N 07 AREA ON LOTS 2 & 3 (5000s7 MINIMUM). PROJECT OWNER PARRZAN INVESTMENTS. CCC 2373 JEFFERSON SHEET CARLSBAD, CA 92008 (750) 828-8889 CLINTON MUNE nATE SCALE.I _ = 20' 015120 40 60 SAMNA( DESCRIPTION -J 6" AEC CURB SUBDMSION BOUNDARY PROPOSED LOT LINE PROPOSED CURB PROPOSED EASEMENT UNE PROPOSED WATER UNE (PUBLIC) PROPOSED SEWER UNE (PUBLIC) PROPOSED STORM DRAIN (PUBLIC) PROPOSED MASONRY RETAINING WALL PROPOSED SLOPE (2'1 UO.N.) PROPOSED .BUILDING PROPOSED PERVIOUS CONCRETE PAVING PROPOSED PCC BROW DITCH PROPOSED RIP RAP 24' WIDE PUBLIC UU117Y & EMERGENCY VEHICULAR ACCESS EASEMENT 20' PRIVATE DRIVEWAY 10' 10' 2' 7 NEW AC, PAVING/BASE 2: 8" PVC SEWER-O (Pueuo PRIVATE DRIVEWAY N0 SCALE PERMANENT STORM WATER BMP NOTES 1, 1 NDSCAPED AREAS SHALL BE DESIGNED IN ACCORDANCE WITH WATER .EFFICIENT LANDSCAPE ORDINANCE REQUIREMENTS 2. ROOF DRAINAGE SHALL BE DIRECTED TO LANDSCAPED AREAS 0R RAIN BARRELS. 3 WALKWAYS SHW.L BE DESIGNED TO DRAIN T0. ADJACENT UVVDSCAPED 0R NATURAL AREAS OR C0N51RUC7ED USING PERMEABLE MAIERIALS. 4. STREETS, SIDEWAU/S, AND PARKING LOT AISLES SHALL BE CONSIRUC7E0 TO ME MINIMUM W707N NECESSARY, PROMO PUBLIC SAFE7Y IS NOT COMPROM/SEO. 5. EXISTING TREES AND NATURAL ARFi45, INCLUDING BUT NOT LIMITED TO NATURAL WATER BODIES AND NATURAL STORAGE RESERVOIRS OR DRAINAGE CORRIDORS (E,G. TOPOGRAPHIC DEPRESSIONS, NARIRAL SHALES AND AREAS OF NATURALLY PERMEABLE SOILS). SHALL BE CONSERVED OR OTHERWISE PROTECTED TO LIVE EXTENT FEASIBLE, 6. THE IMPERIOUS F007PRINT, INCLUDING ROOFED AREAS AND PAVED AREAS, OF THE PROJECT SHALL BE MINIMIZED TO THE EXTENT 5PP11fA61E AND FEASIBLE 2:f 6" FCC CURB & GLUIER 5" PVC WATER (PUBLIC) PROJECT NOTES EXHIBIT; A- 1. NO EX)Sl1NG STRUCTURES ON SITE. ^ w s Z, EXISTING !AND USE IS VACANT" AIM E FILE NO.. ZGIq-03 DATE: 5' �3 _/ ENGINEER OF WORK Planning +Engirikeringiqvlapping. Development. C1rn ultsr.ts, Inc'.. .Wu..».t�gntim-ri%eiry.�caaxe:n.uru.u:.T.v ,'Etfyt W0)917E (� DATE KCE 56258 E577 12-31-2020 BARTIZAN 'C' AVENUE TENTATIVE MAP TM NO. PREPARED Br NAME. POLARIS DEVELOPMENT C01511L7ANTS ADDRESS: 2574 JAMACHA ROW, SUITE 502-37 £L UAW, C4 92079 PHONE. 019) 444-2923 PROJECT ADDRESS. 'C' AVENUE SOUTH OF 271h STREET NATIONAL CITY, CA 97950 PROJECT NAME B4RDZAN 'C' AVENUE SUBOh4S10N SHEET TITLE' TENTATIVE MAP MASON 74: REVISION 73: REVISION 12: REWS/ON 7I: REVISION I0: REVISOR 9: REVSION 8 REVISION 7.• _ REVISION 6: REVISION 5: REVISION 4: REVISION 3: REVISION 2: REVISION f- ORIGINAL DATE: currr k• 470070ARY 25, 2079 25 ATTACHMENT 6 219 of 362 PLANT LEGEND Shrubs such as: Ground cover such as: Vines such as: PLAN LEGEND Detail 4/LP-2. Trees such as: Pinus Canaries's Canary Island Pine Plantanus Racemosa California Sycamore Ouercus Agrifolia Coast Live Oak Agonis flexuosa Pepperment Tree Bauhanla Purpurea Purple Orchid Tree Jacaranda Mimosifolia Detail 4/LP-2. Jacaranda Detail 4/LP-2. Cupaniopsis Anacardiodes Carrotwood Tree Lagerstromla Indica Crape Myrtle Koelreuteria Paniculata Chinese Raintree Detail 51LP-2. Detail 5lLP-2. Raphiolepis Indica Indian Hawthorn Carpentaria Californica Bush Anemone Heteromeies Arbutifolia Toyon Ceanothus 'Concha' California Mountain Lilac Echium Candlcans. Pride of Maderia Cistus x Purpureus Orchid Rockroso Coprosma SSP. Coprosma 'Rainbow Suprise' Agave Parryi var tencala Artichoke Agave O Calyophus Berlandieri Texas Sundrop Detail 51LP-2. Muhlenberia Rigens Deer Grass Eriogonron Karvinskianus. Santa Barbara Daisy Pelargonium Peltatum Ivy Geranium Detail 5/LP-2. Diaelia Tasmania Variegated Flax Lily �'`5�` S'S ;�'b'C�':�?•g;: '1,1rr NR•^ .`�L•:sc VATo aooacroci :o b o-d: o d°'^b x°l°Qpocropogop Qp990 .00C0000i0 Detail 5/LP-2. Detail 5/LP-2. Baccharls Piularis'Pigon Point' Coyotee Brush Ceanothus 'Yankee Point' California Lilac 'Yankee Point' Loricera Japonica 'Hallana' Japanese Honeysuckle Ostosperum Fruticosurn African Trailing Daisy Portulacaria Afra Elephant food 'Prostrate Form' Lantana Montevldensis Purple Trailing Lantana Lantana New Gold 'New Gold' Lantana Bougainvillea 'Rosinka' Rosinka Bougainvillea Bougainvillea 'La Jolla' La Jolla Bougainvillea Clytostoma Callistegioides Lavender Trumpet Vine Ficus Pumlla Creeping Fig Jasminum Polyanthum Pink Jasmine Detail 5/LP-2. Parthencissus Tricuspidata Boston Ivy Passiflora Edulis Purple Passion Fruit Rosa Banksiae'Lutea' Lady's Bank's Yellow Rose .1) Natural color light broom concrete 3,000 psi a" control joints with expantion joints at 20' maximum. Install expansion joint in pattern as close to 20' spacing. (J 6' tall wood gate with three hinges, one hand lever with lock. 2x4 railing at top, bottom and middle, nailed with galvanized anti bleed nails. Detail 2/LP-2 0) 6' tall wood fence! pressure treated post and 3 rails. Stain all fencing front and back with dark stain. Detail 1/LP-2. Detail 3/LP-2. 26 LANDSCAPE PLAN LICENSE: Submittals: Date Description April 8th, 2019 Revisions: No. Issue Dale PROJECT! CLIENT: 0 Project No.: 019-011 5-plex Landscape Plan LP-1 220 of 362 PLANTING & iRRIGATION NOTES: LANDSCAPE CONTRACTOR SHALL CONFIRM AND RECONFIRM LOCATION OF ALL BURIED UTILITIES ON SITE AND ANY UTILITY THAT MAY AFFECT INSTALLATION OFF SITE. CONTACT SITE PROJECT MANAGER AND OR OWNER TO VERIFY ALL EXISTING AND NEWLY INSTALLED UTILITY LINES. ALL EXCAVATION WILL BE COMPLETED WTH SKILL AND CARE. EXCAVATION OF ALL PLANTING PITS SHALL BE 4 TIMES WIDTH AND ONLY AS DEEP AS THE ROOT BALL OF THE PLANT BEING INSTALLED. IF CURRENT PLANTER CONSTRICTS THIS REQUIREMENT. EXCAVATION SHALL EXTEND TO EDGE OF CURB OR BUILDING. ALL PLANTING PITS THAT ARE EXCAVATED DURING NORMAL WORKING HOURS SHALL BE BACK FILLED WITH PROPER PLANTS THAT DAY. NO PLANTING PITS SHALL BE LEFT OPEN OUTSIDE OF NORMAL WORKING HOURS. LANDSCAPE CONTRACTOR IS TO INSPECT FINISH SOIL GRADE FOR ANY HAZARDOUSCONSTRUCTION MATERIAL THAT HAS BEEN LEFTOVER FROM CONSTRUCTION INCLUDING: CONCRETE, ASPHALT, BASE MATERIAL, LUMBER SHAVINGS, METAL SHAVINGS, PAINT, ROOFING MATERIAL. 01L. GAS. DIESEL, CLEANING AGENTS OR ANY OTHER MATERIAL HARMFUL TOTHE HEALTH ANO GROWTH OF NEWLY INSTALLED PLANTS, IF THE LANDSCAPE CONTRACTOR ENCOUNTERS HAZARDOUS MATERIALS ON OR IN THE GROUND DURING HIS/HER INSPECTION, HEISHE SHALL CONTACT THE SITE PROJECT MANAGER EMMEDIATLY AND IDENTIFY THESE LOCATIONS AND HAVE THE RESPONSIBLE PARTY REMOVE ALL TRACES OF MATERIAL. IF THERE IS A LOW ELEVATION CREATED, THEN THE APPROVED TOPSOIL WILL BE INSTALLED IN THIS LOCATION AND COMPACTED TO 70%. ORIENTATE ALL STAKES FOR TREES IN SAME DIRECTION TO ENSURE UNIFORM APPEARANCE ALL TREES ARE TO BE STRAIGHT AND VERTICAL ALL SHRUBS ARE TO BE FACED TOWARD HIGHEST USER INTERFACE. ALL PLANTS SHALL BE INSTALLED WITH IN THREE DAYS OF DELIVERY ON SITE. ALL HARD PIPING AND ANY UTILITY SHALL BE INSTALLED AND APPROVED BEFORE PLANTING COMMENCES. CONTRACTOR TO LEVEL AND SLIGHTLY COMPACT FINISH GRADE AFTER PLANTS HAVE BEEN INSTALLED. RAKE AND SMOOTH ALL SOIL TO ACCEPT DRIP LINE TUBING. INSTALL ALL TREE BUBBLERS AS SOON AS TREES ARE INSTALLED. 7'.0 7' 0 10 T-0" HAND' WATER ALL PLANTING PITS BEFORE INSTALLATION OF ALL PLANTS. ONCE PLANTS HAVE BEEN PROPERLY INSTALLED, DEEP SOAK NEW PLANT SLOWLY TO ENSURE WATER REACHES BOTTOM OF ROOT BALL. ALL PLANTS SHALL RECEIVE AMPLE AMOUNT OF WATER THE FIRST DAY OF INSTALLATION BY HANG. ENSURE TO WASH OFF ALL LEAVES AND BRANCHES THOROUGHLY . INSTALL TEAM SHALL BE VERY CAUTIOUS WHEN APPLYING FERTILIZERS. THERE SHALL BE APOST INSTALLATION SOIL ANALYSIS AND IT NEEDS TO MATCH THE REQUIRED LEVELS OF AMENDMENTS THAT THE SOIL SCIENTIST REGUESTED.THE INSTALLER SHALL KEEP RECORD OF ALL AMENDMENTS APPLIED TO SOIL AND PLANTING PITS TO SHOW AMOUNTS INSTALLED. THE INSTALLER SHALL KEEP DAILY -AS-BUILT DRAWINGS- ON A FULL SIZE SET OF PLANS ON SITE TO RECORD ANY CHANGES FROM THE APPROVED LANDSCAPE DOCUMENTS. THIS INCLUDES ANY CHANGES INCURRED IN THE FIELD DUETO OTHER TRADES OR UNFORESEEN OBSTACLES OR CHANGES. ALL LANDSCAPE IRRIGATION 'AS BULTS"TO SHOW MEASUREMENTS AND DIMENSIONS OF EXACT LOCATIONS OF ALL PIPING, DRIP LINE POC'S, VALVES. AIR AND FLUSH VALVES. THE INSTALLER SHALL BE VERY CAREFUL WHILE BROADCASTING FERTILIZERS. THESE PRODUCTS CAN STAIN THE CONCRETE AND POSSIBLE ANY HARDSCAPE.. IF THERE IS A QUESTION. THE INSTALLER MUST USE COVERS TO PROTECT HARDSCAP E. ALL PLANTING AREAS TO BE FREE OF ALL WEEDS AND DEBRIS BEFORE INSTALLATION. ALL PLANTING AREAS SHALL RECIEVE 3" OF BARK. ALL PLANTING AREAS TO RELIEVE DRIP IRRIGATION TO EACH PLANT AND TREE. ALL DRIP TUBBING SHALL BE STAPPLED ONTO THE FINISH GRADE TO ENSURE ALL EMITTERS DISTRIBUTE THE CORRECT AMOUNT OF WATER TO EACH PLANT. VARIABLE EMITTERS SHALL BE INSTALLED FOR EACH PLANT. FLUSH VALVES AT EACH RUN SHALL BE INSTALLED TO ENSBLE PROPER MAINTENANCE. ALL PLANTS TO RECIEVE PROPER WATER BASIN PER DETAIL. ALL SOIL BASINS ON HIL SIDE SHALL BE VERY COMPACTED AND MAONITORED TO ENSURE THEY DO NOT LEAK OR FAIL. INSTALL BARK ONTOP AND AN IN. BASIN TO ASSIST IN MAINTAINING WATER BASIN. BACK OF BASIN ON UPHILL SIDE SHALL BE FEATHERED IN TO NOT CREATE A SLOUGHING CONDITION. nD COMMON WOOD FENCING FENCE @ HILLSIDE AND V-DITCH 20' IRRIGATION INSTALLATION TO BE INSTALLED PER ALL CITY OF NATIONAL CITY LANDSCAPEGUIDELINES, ORDINANCES. REGULATIONS AND PROVISIONS. TO ENSURE CORRECT INFORMATION HAS BEEN TRANSMITTED, THE MOST RECENT DATED RULES,ORDINANCE AND GOVERNANCE WILL BE AVAILABLE TO LANDSCAPE CONTRACTOR AT TIME OF BID FOR REVIEW AND. UNDERSTANDING. IRRIGATION SYSTEM WILL INCLUDE: PRESSURE REGULATOR (CURRENT STREET PRESSURE IS — PSI) AT EACH HOUSE, BALL VALVES BEFORE EACH VALVE AS STANDARD, ON MAINLINE, BACK -FLOW DEVICE, ANTI -DRAIN CHECK VALVES. LATERAL PIPE TO BE SCHEDULE 40, 9" SLEEVES AT ALL HARD-SCAPE CROSSINGS. MAINLINE PIPE INSTALLED AT 24" DEEP ANO LATERAL PIPE I N STALLED AT 1 2". ALL PLANTERS SHALL HAVE POSTIVE DRAINAGE AWAY FROM ALL BUILDINGS. THERE WILL BE NO STANDING WATER AT ANY PLANTER. DRIP LINE WILL BE INSTALLED PER FUTURE LOCATION OF PLANTING. AU - DRIP DISTRIBUTION LINE WILL BE INSTALLED AT FINISHED GRADE AND STAPLED AT 4' INCREMENTS. 4" MULCH WILL COVER ALL DRIP LINE AND EMITTER WILL BE EXPOSED TO CHECK FUNCTION. CONTRACTOR WILL VERIFY CORRECT PSI AND GPM AVAILABITY AT SITE BEFORE ANY INSTALLATION WORK BEGINS. ELECTRICITY TO AREA OF AUTOMATIC CONTROLLER WILL BE VERIFIED AS WELL. IF NO ELECTRICITY IS AVAILABLE, PROVISIONS WILL BE NECESSARY FROM. GENERAL CONTRACTOR TO PROVIDE POWER FOR CONTINUAL OPERATIONS. IT WILL BE THE RESPONSIBILITY OF LANDSCAPE CONTRACTOR TO ENSURE PLANTS RECEIVE CONSTANT AND CORRECT AMOUNT OF IRRIGATION TO MAINTAIN PROPER PLANT GROWTH. IRRIGATION SCHEDULING SHALL BE PROVIDED BY THE CONTRACTOR. LONG TERM MAINTENANCE. SHALL BETHE RESPONSIBILITY OF THE OWNER. IRRIGATION EQUIPMENT AND SCHEDULE SHALL BE USED TO OPTIMIZE WATER DISTRIBUTION AND MAINTAIN PLANT HEALTH. ON ALL HILLSIDE PLANTINGS, INSTALL EMITTERS ON UPSIDE OF ROOTBALL AND WHERE OPTIMON WATER COVERAGE WILL COVER ALL EXISITNG AND PROSPECTIVE ROOTS. WOOD GATES @ HOUSE CONTRACTOR TO INSTALL ALL POST VERTICAL AND PLUMB ON ALL SIDES. ALL RAILING WILL BE LEVEL AND CONSISANT WITH HILLSIDE GRADES. WHERE FENCE INTERFACES WITH RETAINING WALL, FENCE WILL FOLLOW WALL 1" OFF OF FACE AND TOP AND CONTINUE ONTO NEXT POST. ALL WOOD WILL BE STRAIGHT, CLEAN, VOID OF CRACKS, CUPPING, TWIST, BOWING OR ANY OTHER DEFORMITIES THAT WOULD CAUSE STRUCTURAL ANDIOR AESTHETIC INTEGRITY FLAWS. ALL FENCING WILL BE HELD OFF OF THE GROUND BY 1" AND ALL CONCRETE AT ALL POST WILL SLOPE AWAY FROM POST TO PREVENT ANY STANDING WATER AT POST BASE. ALL W000 CONNECTIONS TO BE TIGHT AND SECURE WITH SCREWS. NAILS OR BRACKETS TO ENSURE ALL CONNECTIONS ARE FIRM AND WITHOUT VOID. ALL GATES TO BE PLUM AND LEVEL AND REST 1" OFF OF TOP OF CONCRETE WALKWAY. CONTRACTOR TO ENSURE SMOOTH AND CLEAN CONNECTION TO LATCH. METAL REINFORCEMENT FOR ALL CORNERS WILL BE INSTALLED TO PROVIDE A STRONG BUILD, ALL CONCRETE TO BE 3,000 PSI WITH LIGHT BROOM FINISH. ALL FORMS TO BE STRAIGHT AND TRUE WITH 2% SLOPE AWAY FORM BUILDING PROVIDING POSRIVE DRAINAGE. ALL CONTROL JOINTS TO BE STRAIGHT AND TRUE WITU Aa%RADIUS. PROVIDE EXPANSION JOINTS AT ALL BUILDING, PILLAR EDGES AND AT PATTERN TO MAXIMUM OF 20' SEPERATION. NO EXCESS FELT TO BE -LONG" ON TOP. ALL FELT TO BE EVEN WITH TOP OF CONCRETE. CONTRACTOR TO CLEAN ALL SERFACES AND REMOVE ALL DEBRIS. EXCESS CONCRETE, FORMS AND BASE CONTRACTOR TO REMOVE ALL EXCESS CONCRETE AT POST BASES FOR FENCING FORM SITE. THERE SHALL BE NO CONCRETE LEFT ON SITE THAT IS NOT FOR A SPECIFIC PURPOSE. ALL EXCESS CONCRETE SHALL BE PUMPED BACK INTO THE TRUCK AND REMOVED FROM SITE. 4 ROOTBALL AMETER MIN. TREE CANOPY (NAIL TO STAKE) 0 TREE COLLAR (PLANT PER O TREE TRUNK O• ROOTBALL O MIN. 3" BARK MULCH OR ®. FINISHED GRADE © PLANT TABLETS (3" BELOW GRADE) ® PLANTING PIT WITH ROUGHENED 51DE5 ® BACKRLL MIX (PUDDLE B SETTLE) O. V1000'. STARE (SEE SPECS.) 1 CUT ALL STAKES 6" BELOw O TREE 11E (MIN. 4 REOUIREO) SPECIFICATIONS) 6" WATERING BASIN 4" MUCH @ ALL PLANTINGS TONE ® 8" TOPSOIL W/AMENDMENT ® 2+ DEEP R007 BARRIER © CONCRETE CURB AND GUTTER REMOVE ALL JAGGED CONCRETE SMOOTH CONNECTION TO CONCRETE TREE PLANTING P-2 DIAMETER MIN. O CURB OR PAVING (WHERE APPLICABLE) O EXISTING FINISH GRADE AT SLOPE (WHERE APPLICABLE) O NEW FINISH GRADE AT SLOPE (WHERE APPUCABLE) ® SHRUB O SHRUB CROWN (1' ABOVE FINISH GRADE) ® 4" MULCH(SETTLED) 4" HIGH WATERING BERM ALL AROUND 8- TOPSOIL w/AMENDMENTS © ROOTBALL O PLANT TABLETS (3" BELOW GRADE) � PLANT PIT W/ ROUGHENED SIDES L!1' BACKFILL MIX (PUDDLE 8 SETTLE) 0 TOPSOIL AND SUBGRADE PER CIVIL PLANS- 0 3" (WHERE APPLICABLE) SHRUB PLANTING Submittals: Date Description April 8th, 2019 Revisions: No. Issue Dale PROJECT l CLIENT: Zo a? VJ i WY♦n. Q cr) y, ,iV 0 n�Q Q I" ZU O a F asz m 0 Project No.: 019-011 5-plex Landscape NoteslDetails 27 LP-2 221 of 362 Title: + CALIFORNIA NATIONAL CITY �NcoftponATED CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 July 15, 2019 PUBLIC HEARING — TENTATIVE SUBDIVISION MAP FOR THE SUBDIVISION OF ONE PARCEL INTO FIVE AT PROPERTY LOCATED AT 'C' AVENUE SOUTH OF EAST 27TH STREET AND AN EXCEPTION FOR LESS THAN REQUIRED STREET FRONTAGE Case File No.: 2019-03 S Assessor's Parcel No.: 562-170-09 Staff report by: Chris Stanley Applicant: Clint Muhe/Alvin Washington Property owner: Bartizan Investments, LLC Zoning designation: Small Lot Residential (RS-2) Adjacent land use/zoning: North: Residential / RS-2 East: Residential / RS-2 South: Residential / RS-2 West: Residential / RS-2 Environmental review: Categorical Exemption Class 32, Section 15332 In -Fill Development Projects Staff Recommendation: Approve ATTACHMENT 7 28 222 of 362 Planning Commission Meeting of July 15, 2019 Page 2 Staff Recommendation Staff recommends approval of a Tentative Subdivision Map (TSM) for the subdivision of an existing parcel into five in order to construct five single-family dwellings and an exception for less than required street frontage. The project is consistent with the General Plan and Subdivision Ordinance, and will provide five new home -ownership opportunities. Executive Summary The applicant is applying for a TSM for the subdivision of an existing parcel into five in order to allow for the construction of five single-family dwellings at a future time and an exception for Tess than required street frontage. The parcel is currently vacant and approximately 36,000 square feet in size. Access to the proposed lots would be from an existing easement located at `C' Avenue south of East 27th Street. Site Characteristics The existing parcel is over three quarters of an acre (approximately 36,000 square feet in size). The property is landlocked and can only be entered through an existing easement at the end of the 'C' Ave. cul-de-sac; the cul-de-sac can only be entered from E. 27th St. The property slopes steeply downward west of the easement, but is relatively flat on the eastern and southern portions of the parcel. The lot dimensions are approximately 300 feet wide (east to west) and 120 feet deep (north to west). Proposed Use The applicant is proposing to subdivide the existing, approximately 36,000 square -foot parcel into five. The property is currently vacant. The applicant plans to construct five new single family residences on the proposed lots. Access to the proposed residences would be provided via the previously mentioned easement from `C' Avenue and would include the construction of a sloping private driveway in order to reach the residences. The proposed driveway would be 20 feet in width in order to meet Fire Department requirements and would also consist of a hammer head between parcel 2 and 3 for fire truck turnaround. The required private road creates a difference in the usable (net) and existing (gross) square footage of parcels 2 through 5. All lots would meet the setback requirements of the RS-2 zone, which are 20 feet for front yard, five for interior side yard, and 25 for the rear. Subdivision of the property into five lots is proposed as follows: 29 223 of 362 Planning Commission Meeting of July 15, 2019 Page 3 Parcel 1 would have dimensions of 54 feet wide by 120 feet in length for total square footage of approximately 6,480 square feet. Parcel 2 would have dimensions of 55 feet wide by 120 feet in length for total square footage of approximately 6,600 square feet and a net square footage of 4,838 square feet due to the hammerhead required by the Fire Department and road easement. Parcel 3 would have dimensions of 55 feet wide by 120 feet in length for total square footage of approximately 6,600 square feet and a net square footage of 4,838 square feet due to the hammerhead required by the Fire Department and road easement. Parcel 4 would have dimensions of 60 feet wide by 120 feet in length for total square footage of approximately 7,200 square feet and a net square footage of 5,112 square feet due to the road easement. Parcel 5 would have dimensions of 76 feet wide by 120 feet in length for total square footage of approximately 9,120 square feet and a net square footage of 8,299 square feet due to the road easement. Analysis This project contributes to infill development, which is encouraged by the General Plan: Policy LU 4.3: Promote infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. The proposal also provides five home ownership opportunities, which is consistent with the City's Housing Element. Subdivision Ordinance The purpose of the Subdivision Ordinance, under Title 17 of the National City Municipal Code, is to regulate and control the division of land in the City. It specifies the procedures and requirements to divide land. One such requirement is that divisions of land that create five or more parcels prepare a tentative subdivision map, hence this application. The Subdivision Ordinance also requires that all land proposed to be divided must conform with the Subdivision Map Act, the General Plan, and any specific plan or regulatory ordinance of the City of National City that may apply. 30 224 of 362 Planning Commission Meeting of July 15, 2019 Page 4 The Subdivision Ordinance also allows Planning Commission to approve modifications that are, "reasonably necessary or expedient and in conformity with the Subdivision Map Act." In this case the applicant is requesting that Planning Commission approve an exception for less than required street frontage. The Subdivision Ordinance requires that all new lots have a minimum of 50 feet of frontage on a street. The request for an exception from this requirement is necessary because the property is landlocked and is only able to be accessed via an easement from 'C' Avenue. Therefore, no street frontage would be possible. Land Use Code The Land Use Code establishes a minimum lot size of 5,000 square feet in the RS-2 zone and a maximum density of one dwelling unit per lot. This means that if the subdivision is approved, the applicant will be permitted to construct one single-family house on each proposed parcel that would otherwise not be allowed without the split. The required minimum lot width is 50 feet, which is provided in this proposal. As mentioned previously, all proposed parcels would exceed the minimum lot size for the zone in gross square footage. Required Findings The Subdivision Map Act contains nine required findings for Tentative Subdivision Maps: 1. The proposed map is consistent with the National City General Plan and applicable specific plans. The proposed single-family subdivision, at a density of 7.43 units per acre, is consistent with the Low -Medium Density Residential land use designation, which specifies a maximum density of 9.0 units per acre. In addition, infill development is encouraged by Land Use Policy 4.3. There are no specific plans applicable to the site. 2. The site is physically suitable for the proposed type of development. The new parcels will allow for single-family horses to be constructed on a level building pads and meet all applicable design standards (e.g. setbacks). 3. The site is physically suitable for the proposed density of development. 31 225 of 362 Planning Commission Meeting of July 15, 2019 Page 5 The proposed parcels can accommodate single family residences with suitable yard areas and still meet prescribed recommended density for the area. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. There is no natural habitat or body of water present nearby or on -site. The property is mostly surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems. All necessary public services will be provided, as required by approvals required for new construction. 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. Access to sewer, water, and drainage utilities in the area or across the property will be maintained as required by all applicable easements. 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. Discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home. 0. The subdivision has been considered by the Planning Commission with h 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. 32 226 of 362 Planning Commission Meeting of July 15, 2019 Page 6 The project will provide five 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. All new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. A last finding has been included with regard to compliance with the California Environmental Quality (CEQA), which is as follows: 10. That the proposed project has been reviewed in compliance with CEQA. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. The City's Subdivision Ordinance, Title 17 of the National City Municipal Code, contains separate findings required for the requested exceptions, which are as follows: 1. The property to be divided is of such size and shape that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, more specifically the minimum street frontage requirement. The property is landlocked and isolated from public streets and is only accessed from an easement from 'C' Avenue; therefore, it cannot meet this requirement. 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity. Adequate access will be provided for all lots from 'C' Avenue via the existing easement. 33 227 of 362 Planning Commission Meeting of July 15, 2019 Page 7 3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City. The proposal will create additional homeownership opportunities, consistent with Land Use Policy 4.3, which the requested exception facilitates. In addition, the property is not located within any specific plan area. Department Comments Comments were received from the Engineering and Fire Departments. The comments have been included as Conditions of Approval. The Engineering Department provided comments related to future grading and construction, easements, and Final Map requirements; the Fire Department is requiring compliance with codes related to fire protection and access for future housing. Summary The subject property is more than five times the minimum lot size required in the RS-2 zone and is therefore suitable for subdividing. The proposed project will meet all setback requirements per the RS-2 zone, as well as minimum lot size requirements. The proposal would be consistent with area development. If approved, the proposed subdivision will result in additional home ownership opportunities, which is consistent with the City's Housing Element. Conditions of Approval will ensure that the property is appropriately developed and will meet all requirements of the Land Use Code and pertinent construction codes at the time of future construction. Furthermore, the proposed project will meet all requirements for the requested exception. 34 228 of 362 Planning Commission Meeting of July 15, 2019 Page 8 OPTIONS 1. Approve 2019-03 S subject to the conditions listed below, based on the attached findings or findings to be determined by the Planning Commission; or 2. Deny 2019-03 S based on the attached finding; findings to be determined by the Planning Commission; or 3. Continue the item to a later date in order to obtain additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Site Photos 5. Applicant's Plans (Exhibit A, Case File No. 2019-03 S dated 5/13/2019) 6. Public Hearing Notice (Sent to 104 property owners and occupants) 7. CEQA Notice of Exemption 8. Resolutions C)1, -7 CHRIS STANLEY Assistant Planner / A ANDO VERGARA Acting Deputy City Manager/ Director of Community Development 35 229 of 362 Chris Stanley From: Chris Stanley Sent: Monday, July 15, 2019 5:12 PM To: Planning; 'Eduardo Castro' Subject: RE: Delivery Status Notification (Failure) Engineering requires Grading and Drainage Plans for projects, which should address your concern. If you have further questions I would recommend talking to the Engineering Department engineering@nationalcityca.gov and come to the Planning Commission tonight if you can. It starts at 6:00 p.m. Chris Stanley Assistant Planner City of National City 1243 National City Boulevard National City, CA 91950 Office: (619) 336-4381 +-:TALIfORRIA_ N TIONAL_cIT 1'J?' • ueeaa ti4I; M City Hall Hours: M-Th 7a-6p From: Chris Stanley On Behalf Of Planning Sent: Monday, July 15, 2019 3:20 PM To: 'Eduardo Castro' <ecastro05@gmail.com> Subject: RE: Delivery Status Notification (Failure) Hi Eduardo, The lots will not be filled up with dirt, but rather the opposite. As the parcel heads west it gets steeper. They will be cutting into the hillside and putting a retaining wall around the north side of the properties. Chris Stanley Assistant Planner City of National City 1243 National City Boulevard National City, CA 91950 Office: (619) 336-4381 .pALt ORNl4— NATIONAL :CIT% ' COAPOA Al Eb City Hall Hours: M-Th 7a-6p From: Eduardo Castro [mailto:ecastro05@gmail.com] Sent: Monday, July 15, 2019 2:26 PM To: Planning <Planning@nationalcityca.eov> Subject: Fwd: Delivery Status Notifica ATTACHMENT 8 36 230 of 362 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Date: Mon, 15 Jul 2019 14:21:54 -0700 Subject: hearing tonight case file No. 2019-03 S Dear Planning Department, I have a couple of questions about the proposed to split an existing 36,000 square -foot single-family zoned lot into five parcels. Is the lot/or new parcels will be filled up with dirt for construction of new houses ? And if yes, how many feet high ? My house is behind this lot and if the fill with dirt, my backyard will be very low and during rainy season, the water may flood my backyard. Thank you. Eduardo Castro (619)836-2426 address: 305 E. 29 Street National City CA 37 231 of 362 Chris Stanley From: Chris Stanley on behalf of Planning Sent: Monday, July 15, 2019 3:17 PM To: 'MELVIN TANIO' Subject: RE: COMMENTS/CASE FILE NO. 2019-03 S Good Afternoon Melvin, You can build a perimeter fence, but there are height restrictions. From your front property line in 20 feet cannot be over four feet. Anywhere else on the property can be under seven feet with not permit necessary. Any fence seven feet or higher will require a building permit. Chris Stanley Assistant Planner City of National City 1243 National City Boulevard National City, CA 91950 Office: (619) 336-4381 CALIFORNIA NATIONA .=CITY - �reowroA�xvo City Hall Hours: M-Th 7a-6p From: MELVIN TANIO [mailto:melvin.tanio@yahoo.com] Sent: Sunday, July 14, 2019 11:41 PM To: Planning <Planning@nationalcityca.gov> Subject: COMMENTS/CASE FILE NO. 2019-03 S CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Sir/Madam: I own the lot at 2739 C Avenue, National City, CA 91950. Will we be allowed to build a perimeter fence on our property that may be affected by the easement? Very Respectfully, Melvin Tanio i 38 232 of 362 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, August 6, 2019, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: TENTATIVE SUBDIVISION MAP CREATING FIVE NEW PARCELS LOCATED AT 'C' AVENUE SOUTH OF EAST 27TH STREET WITH AN EXCEPTION FOR LESS THAN REQUIRED STREET FRONTAGE 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 July 15, 2019. A motion to approve the project failed by a tie vote, with three commissioners in favor of the project and three opposed. One commissioner was absent. July 16, 2019 Michael R. Della, CMC City Clerk ATTACHMENT 9 39 233 of 362 RESOLUTION NO. 2019 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR THE SUBDIVISION OF ONE PARCEL INTO FIVE LOTS LOCATED AT PROPERTY LOCATED AT "C" AVENUE SOUTH OF EAST 27TH STREET AND AN EXCEPTION FOR LESS THAN REQUIRED STREET FRONTAGE CASE FILE NO. 2019-03 S APN: 562-170-09 WHEREAS, application was made for approval of a Tentative Subdivision Map for the creation of five new lots to be located at "C" Avenue south of East 27th Street and generally described as: The westerly 300 feet of all that portion of the easterly 555 feet of acre lot 5, in quarter section 152, Rancho de la Nacion, in the City of National City, County of San Diego, State of California, according to map thereof No. 166, filed in the Office of the County Recorder of San Diego County on May 11, 1869. WHEREAS, the City Council of the City of National City, California, considered said applications at a duly advertised public hearing held on August 6, 2019, and, WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2019-03 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, California, that the evidence presented to the City Council at the public hearing held on August 6, 2019, support the following findings: 234 of 362 Resolution No. 2019 — Page Two 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 proposed single-family subdivision, at a density of 7.43 units per acre, is consistent with the Low -Medium Density Residential land use designation, which specifies a maximum density of 9.0 units per acre. In addition, infill development is encouraged by Land Use Policy 4.3. There are no specific plans applicable to the site. 2. The site is physically suitable for the proposed type of development because the new parcels will allow for single-family homes to be constructed on a level building pads and meet all applicable design standards (e.g. setbacks). 3. The site is physically suitable for the proposed density of development because the proposed parcels can accommodate single family residences with suitable yard areas and still meet prescribed recommended density for the area. 4. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because there is no natural habitat or body of water present nearby or on -site. The property is mostly surrounded by urban development. 5. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems because all necessary public services will be provided, as required by approvals required for new construction. 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 access to sewer, water, and drainage utilities in the area or across the property will be maintained as required by all applicable easements. 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 235 of 362 Resolution No. 2019 — Page Three 66474.6 because discharge of sewerage waste will be addressed through a sewer permit, which is required as part of construction of a future home. 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 because the project will provide five 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 all new construction proposed in the future will be in compliance with the California Building Code, which takes such factors in to consideration. 10. The proposed project has been reviewed in compliance with CEQA because it is categorically exempt from environmental review pursuant to Class 32 Section 15332 (In -Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. FINDINGS FOR APPROVAL OF THE EXCEPTION FOR LESS THAN REQUIRED STREET FRONTAGE 1. The property to be divided is of such size and shape that it is impossible or impracticable in the particular case to conform fully to the subdivision requirements, more specifically the minimum street frontage requirement because the property is landlocked and isolated from public streets and is only accessed from an easement from 'C' Avenue. Therefore, it cannot meet this requirement. 2. The exception will not be detrimental to the public health, safety, or welfare, or be detrimental to the use of other properties in the vicinity because adequate access will be provided for all lots from `C' Avenue via the existing easement. 3. Granting of the exception is in accordance with the intent and purposes of this title, and is consistent with the General Plan and with all applicable specific plans or other plans of the City because the proposal will create an additional homeownership opportunities, consistent with Land Use Policy 4.3, which the 236 of 362 Resolution No. 2019 — Page Four requested exception facilitates. In addition, the property is not located within any specific plan area. BE IT FURTHER RESOLVED that the application for the Tentative Subdivision Map is approved subject to the following conditions: General 1. This Tentative Subdivision Map authorizes the creation of five new parcels from one existing parcel. Except as required by Conditions of Approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2019-03 S, dated 5/13/2019. No construction or demolition is approved as part of this approval. 2. Before this Tentative Subdivision Map shall become effective, the applicant and/or property owner 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 Tentative Subdivision Map. The applicant shall also submit evidence to the satisfaction of the City Manager or assign 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 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. 3. Approval of the tentative 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. 4. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Engineering 5. The Property is in the Federal Flood Plain area. Flood hazard permit shall be obtained from the Engineering Department. It is the responsibility of the Engineer of work to determine if a LOMA, LOMR, or A Certificate of Elevation is required and to process and submit to FEMA for approval. 237 of 362 Resolution No. 2019 — Page Five 6. 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. 7. The Storm Water BMP Requirements Applicability Form 1-1 and if required 1-2 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 Division web site at the Zink below *. 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. *http://www.nationalcityca.gov/city-government/engineering-public- works/engineering-division/online-services-forms-fees 8. 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. 9. 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. 10.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, 238 of 362 Resolution No. 2019 — Page Six 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. 11.AII existing and proposed curb inlet on property shall be provided with a "No Dumping" signage in accordance with the NPDES program. 12.A National Pollutant Discharge Elimination System (NPDES) permit is required for discharges of storm water runoff associated with construction greater than 1 acre activity where clearing, grading, and excavation results in a land disturbance. A construction storm water permit shall be obtained from the Regional Water Quality Control Board. A copy of shall be given to the City of National City Engineering Department prior to any work beginning on the project. 13.A Notice of Intent (NOI) shall be filed with the Regional Water Quality Control Board (RWQCB). 14.Industrial facilities shall comply with NPDES regulations. A Storm Water Pollution Prevention plan shall be prepared and submitted to the Engineering Department for approval. The facility shall satisfy the sampling and monitoring requirements of the NPDES regulations. 15.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 a minimum of 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. 16.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. The proposed new sewer main shall be twelve inches (12"). The invert elevations shall be shown at all connection points to the proposed manholes and where the sewer crosses the existing storm drain. A minimum clearance of twelve inches shall be maintained between the proposed sewer main and the storm drain pipe. 17.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 239 of 362 Resolution No. 2019 — Page Seven 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. 18.An existing 10 foot wide sewer easement reserved to the City of National City exists through lots 1, 2, 3, and 4 and no building encroachment will be allowed within the easement. The plans propose the relocation of the easement, the proposed new easement shall be granted to the City and the old easement quick claimed prior to the approval of the grading plans or the issue of any grading permits. 19.An existing 20 foot wide storm drain easement reserved to the City of National City exists through lots 3, 4, and 5 and no building encroachment will be allowed within the easement. The plans shall show the easement and locations of all proposed buildings and structures. An encroachment agreement between the owner and the City shall be required for any portion of a building or structure that encroaches into the easement. 20.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. 21.The driveway on 'C' Avenue shall be an alley entrance type driveway with pedestrian ramps. 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.The site plan shall be revised to show the following: The Fire Department Hammerhead shall provide a minimum of seventy-five (75) feet for vehicle turn around. 240 of 362 Resolution No. 2019 — Page Eight 25.A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 26. NO PARKING zone(s) (red curbing) shall be provided along the 20 foot driveway from 'C' Avenue to the westerly property line of Lot 2. 27.AII NEW dwellings are subject to a Transportation Development Impact Fee of $2,405.00. This includes new homes, condos and apartments. Separate traffic signal plans will be required. 28.AII electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. 29.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. 30.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. 31.A public access easement for emergency vehicles and public utilities shall be granted to the City, access gates shall be provided at points where the easements cross the property lines to allow for service vehicle ingress and egress. 32.The final 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. 33.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. 241 of 362 Resolution No. 2019 — Page Nine 34. Separate water and sewer laterals shall be provided to each lot/parcel. 35.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. 36.The creation of an easement for ingress and egress and for general utilities shall be required. The easement shall be created on the final map. 37. SUSMP documentation must be submitted and approved. 38.AII utilities distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. 39.The final map shall be recorded prior to issuance of any building permit. 40.AII new property line survey monuments shall be set on private property, unless otherwise approved. 41.The 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 42. Project shall be designed to code. 43.The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2016 editions of NFPA, CFC and the current edition of the CCR. 44. Fire alarm and fire sprinkler shall be evaluated and installed for intended use per code. 45. Fire apparatus access roads shall comply with the requirements of this section (Section 5 CFC 2013) 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 242 of 362 Resolution No. 2019 — Page Ten 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. Proposed hammerhead does not meet CFC Appendix D length (70 feet). 46.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 weathered 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. 47.The fire code official shall have the authority to require or permit modifications to the required access widths where they are inadequate for fire rescue operations or where necessary to meet the public safety objectives of the jurisdiction. 48.The fire code official is authorized to require more than one fire apparatus access road based on the potential for impairment of a single road by vehicle congestion, condition of terrain, climatic conditions or other factors that could limit access. (CFC 2016 Edition - Section 503.1.2) 49. Parking shall not impact requirements of turn -around provision or roadway at any time. 50.Grade of fire apparatus road shall be within the limits established (15(3/0 Grade) by the fire code official based on fire department's apparatus. 51. 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. 52. Every building 4 stories or more shall be provided with not less than one standpipe for use during construction. Such standpipes shall be installed when the progress of construction is not more than 35 feet in height above the lowest level of fire department access. Such standpipes shall be provided with fire department hose connections at accessible locations adjacent to such useable stairs and the 243 of 362 Resolution No. 2019 — Page Eleven standpipe outlets shall be located adjacent to such useable stairs. Such standpipe systems shall be extended as construction progresses to within one floor of the highest point of construction having secured decking or flooring. On each floor there shall be provided a 2 1/2 -inch valve outlet for fire department use. 53.Where the roof has a slope less than four units vertical in 12 unit's horizontal, a hose connection shall be located to serve the roof of at the highest landing of a stairway with stair access to the roof provided in accordance with the current code. 54.If entrance/exit gates are used, they 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. 55. Fire hydrants that may be located throughout the project as not to have a separation distance greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest public fire hydrant to project) 56.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 57. Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch). 58. Fire hydrants to be marked by use of blue reflective marker in the roadway. 59. 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 pipe and their appliances, shall meet industry/code standards for underground use 244 of 362 Resolution No. 2019 — Page Twelve 60.An approved water supply for fire protection, either temporary or permanent, shall be made available as soon as combustible material arrives on the site. 61.Approved vehicle access for firefighting shall be provided to all construction and demolition sites. Vehicle access shall be provided to within 100 feet of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available. 62.Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 63.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 64. Plans submitted for construction shall be conformance with all applicable development codes, including design, parking, and landscaping. 65.The applicant shall record a maintenance agreement for the maintenance of the access easement for lots one through five, approved as to form and content by the City Attorney, and recorded with the County Recorder with the Final Map. The agreement shall also include reference to maintenance of the existing roadway easement from "C" Avenue to the subject property 245 of 362 Resolution No. 2019 — Page Thirteen BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 246 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 247 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 8.34 (Beekeeping) of the National City Municipal Code related to the keeping of bees in the City. (Applicant: City -Initiated) (Case File No. 2019-10 A) (Planning) Please scroll down to view the backup material. 247 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City amending Chapter 8.34 (Beekeeping) of the National City Municipal Code related to the keeping of bees in the City. (Applicant City -Initiated) (Case File 2019-10 A) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: In October of 2016 the City Council adopted an Ordinance adding Chapter 8.34 to Title 8 of the National City Municipal Code to allow for beekeeping in the City, including in residential zones. Since adoption of the Ordinance only one beekeeping permit was issued; however, it is no longer valid due to proximity to a sensitive land use. In order to address objective health, safety, and welfare concerns including the potential for injury to persons who are sensitive to bee stings and/or potential conflicts with sensitive land uses, particularly due to the dense nature of the City, staff recommends excluding residentially -zoned properties from the land uses allowing for beekeeping. If adopted, the Ordinance would only allow for beekeeping on lots with a minimum of 10,000 square feet of lot area within the open space and institutional zones. In addition, beehives would only be allowed on properties dedicated to agricultural or research use and accessory to the primary use of the property (e.g. farms, community gardens, schools, colleges, or laboratories). A City beekeeping permit would no longer be required, although beekeeping would need to be consistent with Chapter 8.34 (Beekeeping). Regulations include registration with the County of San Diego Department of Agriculture, Weights, and Measures. DEPARTMENT: ,P6i- nina Division APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: X FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Amended Chapter 8.34 2. Ordinance 248 of 36 1 Chapter 8.34 - BEEKEEPING 8.34.005 - Purpose. A. Purpose. It is the purpose and intent of this division to provide for the safe and orderly keeping of bees in the city by establishing certain minimum standards for the keeping of bees to protect the public health, safety, and welfare of the residents of the city. (Ord. No. 2016-2415, § 3, 10-18-2016) 8.34.010 - Definitions. "Beekeeper" means a person who raises bees. "Beekeeping or keeping of bees" means the owning and breeding bees for their honey and other products. "Docile bee(s)" means Apis mellifera species (honey bees). "Sensitive area(s)" means areas where people, including but not limited to the elderly, small children, individuals, persons with medical conditions, or confined animals that inhabit or frequent the area, that are more at a greater health risk than the general population if stinging incidents were to occur. Sensitive areas are characterized by a demonstrated need for a greater safety buffer. Sensitive areas include, but are not limited to, schools, playgrounds, picnic areas, outdoor sports facilities, daycare centers, senior care facilities, medical facilities, and animal boarding facilities. (Ord. No. 2016-2415, § 3, 10-18-2016) 8.34.020 - General provisions. A. The keeping of bees shall not be allowed within the city, except as provided in this chapter. It is unlawful to keep or maintain any bees or hive of or for bees within the territorial limits of the city, except as allowed in this chapter. Beehives may be kept only on lots with a minimum area of fivc ten thousand square feet within the residential, open space; and institutional zones subject to the following: 1. The beekeeper shall apply for a beekeeping permit. The permit application .sha be filed rye, available from the Planning Department and hall TT GTfTGCTe �l"fI�GYCiTPCl17Tr.—fr'gITrCTT be accompanied with a nonrefundable fee as established by resolution of the city council. 249 of 362 1. Beehives shall only be permitted on properties dedicated to agricultural or research use and shall be accessory to the primary use of the property. Examples include, but not limited to, farms, community gardens, schools, colleges, or laboratories. 2. Up to four beehives may be permitted on a parcel. 3. Beehives shall be placed at least twenty-five feet from the property line of the traveled way of any public streets or sidewalks closest to the parcel, at least twenty-five feet from any private access easement, at least fifteen feet from any side or rear lot line, and at least twenty-five feet from all on - site and neighboring dwellings. When three or four hives are kept or maintained on a parcel, no less than a one -hundred foot separation from the beehive(s) to the on -site dwellings, neighboring dwellings, or habitable structures shall be maintained. 4. Beekeepers shall keep sufficient open water available near the beehives during hot and dry weather in compliance with vector control regulations. 5. Beehives shall be well maintained at all times. 6. A beehive shall be no larger than fifteen cubic feet in volume. 7. Only docile bee species may be permitted. 8. Registration with the County of San Diego Department of Agriculture, Weights, and Measures is required prior to any beekeeping activities and prior to applying for a bee keeping permit under this chapter. 9. The following firefighting materials shall be maintained, in good working condition, at all times when the beehive is attended by the keeper, sufficiently near the beehive so as immediately to be available in case of fire: a. A shovel; and b. Either a fire extinguisher of the two and one-half gallon water -under - pressure type or the five gallon back -pump type or its equivalent; or a garden hose connected to a source of water. 10. Beehives shall be placed no Tess than one -hundred feet from the property line of sensitive areas closest to the beehive(s). (Ord. No. 2016-2415, § 3, 10-18-2016) 2 250 of 362 8.34.030 - Enforcement and removal. A. Public nuisance. All violations of this chapter are declared to constitute a public nuisance which may be abated by any method provided by law, judicial or administrative, and includes remedies provided in Title 1. B. Enforcement. Each day of violation or non-compliance with this chapter shall be deemed as a new and separate offense and shall be subject to all the remedies and penalties available under the law and in accordance with Title 1 or as otherwise provided by local or state law. C. Summary abatement —Imminent safety hazards. If any beehive is an immediate threat to the public health and safety by virtue of the physical condition of the beehive structure or by virtue of dangerous bee behavior as determined by the city manager or his/her designee, said beehive may be immediately and summarily abated and removed. Costs incurred by the city in the abatement and removal of bees and/or beehives shall be assessed against the owner or any other responsible party in accordance with Title 1 and California Government Code Section 38773.1 or 38773.5. D. Notice of violation. Whenever any beehive or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal beehive and/or is placed or maintained in violation of this chapter, the city manager or designee shall give written notice to all responsible parties to remove the beehive or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal or permitting by a specific date of the beehive(s). The notice shall advise the permittec, owner,- or person in charge of or responsible for the beehive(s) of the hearing or appeal rights set forth in Title 1, if applicable. The date for removal specified in the written notice shall not be less than ten days from the date of the mailing of the notice. E. Removal of uncured violations. Whenever the responsible parties fail to comply with an order of the city manager or designee made pursuant to this section, and the time for cure has elapsed without the cure being effected, the city manager or designee may remove the beehive, or order it removed, either by the city's own force or by a private party under contract. The expense of the removal may be charged, jointly and severally, to any and all responsible parties. Such amount shall constitute a debt owed to the city. No permit shall thereafter be iosued to any permittee, owner, person in charge, or other Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. 3 251 of 362 F Cumulative remedies. Remedies set forth in this chapter are not exclusive. Nothing in this chapter shall preclude the city from enforcing the provisions of this chapter by any other criminal, civil, or administrative proceeding. (Ord. No. 2016-2415, § 3, 10-18-2016) 4 252 of 362 ORDINANCE NO. 2019 — AN ORDINANCE AMENDING CHAPTER 8.34 (BEEKEEPING) OF THE NATIONAL CITY MUNICIPAL CODE RELATED TO THE KEEPING OF BEES IN THE CITY WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, the proposed amendments of National City Municipal Code (NCMC) Chapter 8.34 are directly related to addressing objective health, safety, and welfare concerns including the potential for injury to persons who are sensitive to bee stings and/or potential conflicts with sensitive land uses; and WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code; and NOW, THEREFORE, the City Council of the City of National City does ordain as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. Chapter 8.34 (Beekeeping) is hereby amended to read as follows: Chapter 8.34 - BEEKEEPING 8.34.005 - Purpose. A. Purpose. It is the purpose and intent of this division to provide for the safe and orderly keeping of bees in the city by establishing certain minimum standards for the keeping of bees to protect the public health, safety, and welfare of the residents of the city. 8.34.010 - Definitions. "Beekeeper" means a person who raises bees. "Beekeeping or keeping of bees" means the owning and breeding bees for their honey and other products. 253 of 362 "Docile bee(s)" means Apis mellifera species (honey bees). "Sensitive area(s)" means areas where people, including but not limited to the elderly, small children, individuals, persons with medical conditions, or confined animals that inhabit or frequent the area, that are more at a greater health risk than the general population if stinging incidents were to occur. Sensitive areas are characterized by a demonstrated need for a greater safety buffer. Sensitive areas include, but are not limited to, schools, playgrounds, picnic areas, outdoor sports facilities, daycare centers, senior care facilities, medical facilities, and animal boarding facilities. 8.34.020 - General provisions. A. The keeping of bees shall not be allowed within the city, except as provided in this chapter. It is unlawful to keep or maintain any bees or hive of or for bees within the territorial limits of the city, except as allowed in this chapter. B. Beehives may be kept only on lots with a minimum area of ten thousand square feet within the open space and institutional zones subject to the following: Beehives shall only be permitted on properties dedicated to agricultural or research use and shall be accessory to the primary use of the property. Examples include, but not limited to, farms, community gardens, schools, colleges, or laboratories. 2. Up to four beehives may be permitted on a parcel. 3. Beehives shall be placed at least twenty-five feet from the property line of the traveled way of any public streets or sidewalks closest to the parcel, at least twenty-five feet from any private access easement, at least fifteen feet from any side or rear lot line, and at least twenty-five feet from all on -site and neighboring dwellings. When three or four hives are kept or maintained on a parcel, no less than a one -hundred foot separation from the beehive(s) to the on -site dwellings, neighboring dwellings, or habitable structures shall be maintained. 4. Beekeepers shall keep sufficient open water available near the beehives during hot and dry weather in compliance with vector control regulations. 5. Beehives shall be well maintained at all times. Beekeeping Ordinance NCMC Chapter 8.34 2 of 4 Ordinance No. 2019 - (Date 254 of 362 6. A beehive shall be no larger than fifteen cubic feet in volume. 7. Only docile bee species may be permitted. 8. Registration with the County of San Diego Department of Agriculture, Weights, and Measures is required prior to any beekeeping activities and prior to applying for a bee keeping permit under this chapter. 9. The following firefighting materials shall be maintained, in good working condition, at all times when the beehive is attended by the keeper, sufficiently near the beehive so as immediately to be available in case of fire: a. A shovel; and b. Either a fire extinguisher of the two and one-half gallon water -under - pressure type or the five gallon back -pump type or its equivalent; or a garden hose connected to a source of water. 10. Beehives shall be placed no less than one -hundred feet from the property line of sensitive areas closest to the beehive(s). 8.34.030 - Enforcement and removal. A. Public nuisance. All violations of this chapter are declared to constitute a public nuisance which may be abated by any method provided by law, judicial or administrative, and includes remedies provided in Title 1. B. Enforcement. Each day of violation or non-compliance with this chapter shall be deemed as a new and separate offense and shall be subject to all the remedies and penalties available under the law and in accordance with Title 1 or as otherwise provided by local or state law. C. Summary abatement —Imminent safety hazards. If any beehive is an immediate threat to the public health and safety by virtue of the physical condition of the beehive structure or by virtue of dangerous bee behavior as determined by the city manager or his/her designee, said beehive may be immediately and summarily abated and removed. Costs incurred by the city in the abatement and removal of bees and/or beehives shall be assessed against the owner or any other responsible party in accordance with Title 1 and California Government Code Section 38773.1 or 38773.5. Beekeeping Ordinance NCMC Chapter 8.34 3 of 4 Ordinance No. 2019 - (Date 255 of 362 D. Notice of violation. Whenever any beehive or part thereof, other than those causing an immediate threat to the public health and safety, constitutes an illegal beehive and/or is placed or maintained in violation of this chapter, the city manager or designee shall give written notice to all responsible parties to remove the beehive or to bring it into compliance. The notice shall specify the nature of the violation, and give directions for a cure, which may include complete removal of the beehive(s). The notice shall advise the owner, or person in charge of, or responsible for, the beehive(s) of the hearing or appeal rights set forth in Title 1, if applicable. The date for removal specified in the written notice shall not be less than ten days from the date of the mailing of the notice. E. Removal of uncured violations. Whenever the responsible parties fail to comply with an order of the city manager or designee made pursuant to this section, and the time for cure has elapsed without the cure being effected, the city manager or designee may remove the beehive, or order it removed, either by the city's own force or by a private party under contract. The expense of the removal may be charged, jointly and severally, to any and all responsible parties. Such amount shall constitute a debt owed to the city. Any costs, including attorney's fees, incurred by the city in collection of the costs shall be added to the amount of the debt. F Cumulative remedies. Remedies set forth in this chapter are not exclusive. Nothing in this chapter shall preclude the city from enforcing the provisions of this chapter by any other criminal, civil, or administrative proceeding. Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. Beekeeping Ordinance NCMC Chapter 8.34 4 of 4 Ordinance No. 2019 - (Date 256 of 362 Section 4. This Ordinance shall take effect and be in force thirty (30) days from the date of its passage, and before the expiration of fifteen (15) days after its passage, it or a summary of it, shall be published once, with the names of the members of the City Council voting for and against the same in the Star News, a newspaper of general circulation published in the County of San Diego, California. PASSED and ADOPTED this day of , 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Beekeeping Ordinance NCMC Chapter 8.34 5 of 4 Alejandra Sotelo-Solis, Mayor Ordinance No. 2019 - (Date 257 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 258 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller Inc. in the not -to -exceed amount of $1,010,101.01 for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11; 2) authorizing a 15% contingency in the amount of $151,515.16 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 258 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller Inc. in the not -to - exceed amount of $1,010,101.01 for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11; 2) authorizing a 15% contingency in the amount of $151,515.16 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil DEPARTMENT: Engineering/Public Works APPROVED BY: PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance Contract Award Prop 84 Grant (Paradise Creek Biofiltration Project) - $1,010,101.01 (296-409-500-598-6193; 296-06193-3463) 15% Contingency Prop 84 Grant (Paradise Creek Biofiltration Project) - $149,813.99 (296-409-500-598-6193; 296-06193-3463) Local Grant Match - $1,701.17 (001-409-500-598-7049): funds currently appropriated for drainage improvements ENVIRONMENTAL REVIEW: CEQA documentation has been certified and filed with County Recorder's Office ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Dick Miller Inc. in the not -to -exceed amount of $1,010,101.01 for the Paradise Creek Water Quality and Community Enhancements Project, CIP No. 18-11. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibit 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contract Agreement 5. Resolution 1259 of 3621 EXPLANATION The "Paradise Creek Water Quality and Community Enhancements" project, CIP 18-11, is the first implementation phase that will provide immediate benefit to the creek and the community. The project is situated on the north side of Paradise Creek at Plaza Boulevard and Paradise Valley Road. The first phase of the project will convey storm water flows collected from Paradise Creek to a biofiltration detention basin for treatment. This phase of the project includes the installation of slope stability and erosion control measures surrounding the biofiltration basin that will include native trees, shrubs, mulch, and drought tolerant landscaping to reduce the sediment pollutant loads from entering the biofiltration basin during and after a storm event. This first phase of the project will also construct an access road for Public Works' staff in order to provide regular maintenance of the creek. The Engineering Department is researching grant opportunities in order to implement future phases of this project. On June 18, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 21, 2019 and June 28, 2019, the bid solicitation was advertised in local newspapers. On July 9, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. The list of bid opening summary is attached. Dick Miller Inc. was apparent lowest bidder with a total bid amount of $1,010,101.01. Upon review of all documents submitted, Dick Miller, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $1,010,101.01 and to authorize a 15% contingency in the amount of $151,515.16 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed by Summer 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 260 of 362 Legend Streams —••—•-- Storm Drain Sytem Project Area Biofiltration Forebay Landscape Emergency overflow via spillway Outflow via underdrain or catch basin (overflow). Connects to storm drain downstream. Future Implementation Phases Diversion from creek (limit to smaller flow rates) f(,r (iN Jrrr ,sir While shown as a stream in the GIS layer, the conveyance through this area to the junction with the branch from the north is a culvert. 6 rijutelea :li .i li -] c;1:.3 l,i=id %U�7ilglui`n 45,11430 , t1��3-�P: l�•:t:.:�,7, Paradise Creek Biofiltration Project Drainage Area 261 of 362 BID OPENING SUMMARY NAME: PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS PROJECT CIP NO: 18-11 DATE: Tuesday, July 9, 2019 TIME: 2:00 P.M. ESTIMATE: $1,323,000.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1 BID SECURITY -BOND 1 Dick Miller, Inc. 930 Boardwalk, Suite G San Marcos, CA 92078 $1,010,101.01 Yes Bond 2. Southland Paving 361 N. Hale Avenue Escondido, CA 92029 $1,208,650.00 Yes Bond 3. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $1,248,280.00 Yes Bond 4. Tri Group Construction 9580 Black Mountain Road, Suite L San Diego, CA 92126 $1,319,950.00 Yes Bond 5. Whitlock Contracting, Inc P.O Box 2322 La Mesa, CA 91943 $1,431,333.00 Yes Bond 6. LB Civil Construction, Inc. 324 E. Valley Pkwy Escondido, CA 92025 $1,496,101.00 Yes Bond 262 of 362 Bid Results for Project Paradise Creek Water quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller Inc. Southland Paving Blue Pacific Engineering & Construction Base Bid 1 Mobilization, Bonds, Permits, Cleanup, and Demobilization LS 1 $90,000.00 $90,000.00 $106,000.00 $106,000.00 $100,000.00 $100,000.00 2 Storm Water Pollution Prevention Plan LS 1 $14,500.00 $14,500.00 $6,600.00 $6,600.00 $45,000.00 $45,000.00 3 Traffic Control Design and Implementation LS 1 $19,500,00 $19,500.00 $5,500.00 $5,500.00 $25,000.00 $25,000.00 4 Creek Diversion Plan, Dewatering, Discharge, and Disposal LS 1 $16,551,01 $16,551,01 $8,300.00 $8,300.00 $4,000.00 $4,000,00 5 Subsurface Utility Locating and Potholing LS 1 $2,500.00 $2,500.00 $13,200.00 $13,200.00 $30,000.00 $30,000.00 6 Above -Grade and Subsurface Utility Relocation LS 1 $1,500.00 $1,500.00 $8,800.00 $8,800.00 $20,000.00 $20,000.00 Sheet, Shoring, and Bracing LS 1 $45,000.00 $45,000.00 $5,500.00 $5,500.00 $20,000.00 $20,000.00 8 Drainage System 1 LS 1 $18,000.00 $18,000.00 $19,000.00 $19,000.00 $100,000.00 $100,000.00 9 Drainage System 2 LS 1 $21,000.00 $21,000.00 $16,500.00 $16,500.00 $80,000.00 $80,000.00 10 1 /2-ton Riprap Material (Defined by SDRSD D-40) CY 35 $400.00 $14,000.00 $200.00 $7,000.00 $300.00 $10,500,00 11 #2 Backing Riprap Material (Defined by SDRSD D-40) CY 98 $200.00 $19,600.00 $200.00 $19,600.00 $300.00 $29,400.00 12 Concrete Headwalls (Unrelated to Drain Systems No. 1-2) (Defined by SDRSD D- 34) LS 1 $12,000.00 $12,000.00 $5,000.00 $5,000.00 $20,000.00 $20,000.00 13 Emergency Overflow Spillway LS 1 $19,000.00 $19,000,00 $42,000.00 $42,000.00 $50,000.00 $50,000.00 14 Diversion Weir Wall LS 1 $14,200.00 $14,200.00 $8,500.00 $8,500.00 $50,000.00 $50,000.00 15 Gabion Berm LS 1 $18,500.00 $18,500.00 $15,400.00 $15,400.00 $35,000.00 $35,000.00 16 8-inch Manifold and 12-inch Diameter PVC Main (SDR-35) LS 1 $43,000.00 $43,000.00 $67,000.00 $67,000.00 $30,000.00 $30,000,00 17 6-inch Diameter Slotted PVC Main (SDR-35) LS 1 $8,900.00 $8,900.00 $30,000.00 $30,000.00 $35,000.00 $35,000.00 18 Earthwork, Grading, Removal, and Disposal of Channel Material of Paradise Creek (Station 6+05 to Station 8+75) LF 270 $230.00 $62,100.00 $185.00 $49,950.00 $180.00 $48,600.00 263 of 362 Bid Results for Project Paradise Creek Water Quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller inc. Southland Paving Blue Pacific Engineering & Construction Base Bid 19 Excavation and Export (as required for Blofiltration Detention Basin) LS 1 $385,000.0 o $385,000.00 $220,000.00 $220,000.00 $180.00 $180.00 20 Blofiltration Media Section Detail LS 1 $55,000.00 $55,000.00 $103,500.00 $103,500.00 $160,000.00 $160,000.00 21 High -Performance Turf Reinforcing Mat (TRIM) SF 17, 500 $2.50 $43,750.00 $4,00 $70,000.00 $10.00 $175,000.00 22 Water Quality Interpretative Sign EA 3 $500.00 $1,500.00 $1,100.00 $3,300.00 $1,500.00 $4,500.00 23 Landscaping, Planting, and Irrigation LS 1 $67,000.00 $67,000.00 $349,000,00 $349,000,00 $140,000.00 $140,000.00 24 Landscaping, Planting, and Irrigation Maintenance Period MO NTH 12 $1,500.00 $18,000.00 $2,000.00 $24,000.00 $3,000.00 $36,000.00 25 Field Orders Allowance 1 $0.00 $0.00 $5,000.00 $5,000.00 $100.00 $100.00 Total $1,010,101.01 $1,208,650.00 $1,248,280.00 264 of 362 OWNER- CONTRACTOR AGREEMENT PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Dick Miller Inc. ("Contractor"), 930 Boardwalk Suite G, San Marcos, CA 92078, on the 6th day of August, 2019, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 5. AUTHORIZED OWNER REPRESENTATIVES 265 of 362 On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 266 of 362 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term ofthis Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) 267 of 362 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Dick Miller, Inc. Alejandra Sotelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: By: GLEN BULLOCK- PRESIDENT Print name and title (Second officer signature if a corporation) Angil P. Morris -Jones Print name and title City Attorney 108926 Contractor's City Business License No. 380204 State Contractor's License No. and Class 930 BOARDWALK SUITE H Business street address SAN MARCOS, CA 92078 City, State and Zip Code 268 of 362 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications} San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook} State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 269 of 362 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 270 of 362 Bid Results for Project Paradise Creek Water Quality and Community Enhancements (CIP No. 18-11) Item No. Description Unit Qty. Dick Miller Inc. Base Bid •. . . . . 1 Mobilization, Bonds, Permits, Cleanup, and Demobilization LS 1 $90,000.00 $90,000.00 2 Storm Water Pollution Prevention Plan LS 1 $14,500.00 $14,500.00 3 Traffic Control Design and Implementation LS 1 $19,500.00 $19,500.00 Creek Diversion Plan, Dewatering, Discharge, and Disposal LS 1 $16,551A1 $16,551.01 5 Subsurface Ufility Locating and Potholing LS 1 $2,500.00 $2,500.00 6 Above -Grade and Subsurface Utility Relocation LS 1 $1,500.Oo $1,500.00 7 Sheet, Shoring, and Bracing LS 1 $45,000.00 $45,000.00 8 Drainage System 1 LS 1 $18,000.00 $18,000.00 9 Drainage System 2 LS 1 $21,000.00 $21,000.00 10 1 /2-ton Riprap Material (Defined by SDRSD D-40) CY 35 $400.00 $14,000A0 11 #2 Backing Riprap Material (Defined by SDRSD D-40) CY 98 $200.00 $19,600.00 12 Concrete Headwalls (Unrelated to Drain Systems No. 1-2) (Defined by SDRSD D-34) LS 1 $12,000.00 $12,a00.o0 13 Emergency Overflow Spillway LS 1 $19,000.00 $19,000.00 14 Diversion Weir Wall LS 1 $14,200.00 $14,200.00 15 Gabion Berm LS 1 $18,500.00 $18,500.00 16 8-inch Manifold and 12-inch Diameter PVC Main (SDR-35) LS 1 $43,000.00 $43,000.00 17 6-inch Diameter Slotted PVC Main (SDR- 35Earthwork, LS 1 $8,900.00 $8,900.00 18 Grading, Removal, and Disposal of Channel Material of Paradise Creek (Station 6+05 to Station 8+75) LF 270 $230.00 $62,100.00 19 Excavation and Export (as required for Biofiltration Detention Basin) LS 1 $385,000.00 $38,OOO.oO 20 Biofiltratlon Media Section Detail LS 1 $55,000.00 $55,000.00 21 High -Performance Turf Reinforcing Mat (TRM) SF 17,500 $2.50 $43,750.00 22 Water Quality Interpretative Sign EA 3 $500.00 $1,500.00 23 Landscaping, Planting, and Irrigation LS 1 $67,000.00 $67,000.00 24 Landscaping, Planting, and Irrigation Maintenance Period MONTH 12 $1,500.00 _ $18,000.00 25 Field Orders Allowance 1 $0.00 $0.00 Total , $1,010,101.01 271 of 362 CORPORATE CERTIFICATE I, GLEN BULLOCK certify that 1 am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GLEN BULLOCK , who signed said contract on behalf of the Contractor, was then PRESIDENT/OWNER of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, T `t?��,ar� i. certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that r-. Contractor, was then who signed said contract on behalf of the I o... a--t) of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 272 of 362 PARTNERSHIP CERTIFICATE STATE OF COUNTY OF On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: } ss (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 273 of 362 Bond No. 024070550 *Premium $9,310.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2019- on the 6th day of August, 2019, has awarded DICK MILLER Inc., hereinafter designated as the "Principal", the PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Ten Thousand, One Hundred One and 01 Cent ($1,010,10t.o1j lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or Its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and In the amount therein specified, and in all respects according to their true intent and meaning, and shall Indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligationshall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any 'wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and Judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the , 24th day of July , 2019 The Ohio Casualty insurance C any (SEAL) Dick Miller, Inc. (SEAL) (SEAL) (SEAL) Surety. Principal Bart Stewart, Attorney -in -Fact (SEAL) — (SEAL) PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA ) ) ss COUNTY OF SAN DIEGO ) On this 24th day of July , 20 19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared Bart Stewart known to me to be the person whose name is subscribed to the within Instrument as the attorney -in -fact of the The Ohio Casualty Insurance Company , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signatu Name (Type or Print): Erin Elyse Haugh, Notary Public Notary Public In and for said County and State My Commission expires: January 6, 2022 ERIN ELYSE HAUGH Commission No. 2227679 1- NOTARY PUBLIC - CALIFORNIA 10, SAN DIEGO COUNTY Commission Expires January 6, 2022 Tbil POWER OF ATTORNEY IS= NOT VALID UNLESS:Jr IS=PRINTEO-ON:'RED-BACKGROIIND '. ThlsPower ofAttorneyItiiits:the:ants•of-thoeenamed:lie-relri=and.,theyliav fin:yuthotit;+•�o.:�lrtd'the:Catripanyex.oept<inthe.tnahnerand.to.:the:ektertt::herri' sated:::: P as le) _..._.-__...�.... .........�..- - _ - ..,f=� r' - - _ - :.ice - — NOWN' L:i,:P R4` 1�5-8Y TN S(;-:RfRE§ENTS:•Thatti ie'0fijio=Caisuertirl.'st iartae�Gom`a ` ' ' r ar o '= - Q.- - �.-yR.P nY=is,avgopat[ ndu1;orgxnizekundar;-_ttlie:lawsofahe.Vitale-of::New:Wstnpshire; Libertyrrv1d4relyliikioanceR•ojnpany js4:co'rPQratletl duly.ptgenizei=undo.: ie.:leWsfof:thg State of=L4l seejpse€ts„al� WeelSgtri aR1,,l surpllc@ kin a s=a eor ors{do`UI: - � .:_:1'.x.�...:.-�:-r .,..-/•„�/T...:.. ,.. ,...r .,: � r� ��i•�.. 13...-:1 .. ... M. -or anlzefl'ai tler"#fie"loins of ttl e S ate' of.lndianatipraln:cbllactw l.:valled-the• Com -stiles t rsuent-'to. aiyd=b=sn�horit-.1er'e4n-etTorth:• oes_Irereb_'.n 4_... .... ...� ( Y r R Y s_ amet catEtute and':appoint, Half. _Cash . an�sBart-'�fe+Hart:� y t1a'v?dY1i�r, e s,*tani;secretor�i`; • ationn.'=B: =un ni is consent gf•ihe: am an •s. '.o r of:(=.1. et©. : :utiia.riz t , : -y. a s= _ .. C. p = y.. _>� a d, ....t,:e ... r� the,Campr"aii.=co'rjserr[s'.tfipt:faasiriiileo�rnacifanlcalt re:raifucedsarisli]r�rofa¢�assis�ant:�e. retar. ofih v;_...,.�...-lt ,...r_�.:•..........._.,._.:.........__:-ram-•--• - _ - - - o--:". - ht;fver:a a r.Ili S:drra:a--iid:oo' -o::a :- o e-afallor e�is ifd•.:.,: ...m an._l ---ours _a-c-fr:.wild:....bahlt., (i`a•-'ll o.'_v..l......... 1,iintn Qoyif:,.,._. >nn�!t�Y,'K...-_:•-� p��� p...��_e�,,€'�..-.:•.._Py.1rlY:ANi;s_t?Y-�Q'hYt��.�4.��...Yrr•c..rie�t.g......_...sUr�llr-..__a.s.b....�[dfspd_�ipd_ngflpa..ther�o�p���'+xtl eairie farce and ectas.lhou h= aaual afflx'i _ �.1. £h � f= :✓= :ram - - - - - - - - - r'-'.ram ��== _'= � .ter . x v---. F..Re ee:4:: lew It n:. al.tlnderi net' 'AssIslaltt::Secrea. •_ 1—o',OhIq::Casual`=fps a c strain a -'�i rt.::=M to l-rr ren' ..=Go Zany rFfWe ~ eY;c` t_ • _ �._ = t rY ? ty r tit. n e.._ p. be : a .,.I si!,... ee. mp..a[.,, n Am _i a .ltt ittanc� m di ie.b..$erii. -I etihe;orj dial., we� Latto'-e-ofwhlcjt'.the�fiore om ,is•:a u.ft::lrtr$•snt3:,,eor et. co o(t�.PQw r-6•Atto'eyekeoiltef:ti•sa€r}'�Cba es 5=€n=full=fbTce' = .. �,Y.�: tY..�:..-=..g , ��•.::.•,9.._-,_,m 'f ....:: .,.., ,._�.9.:.-.,..f.-,.._............•.............,_:P�:..:�..,.....,....:•.f-.f.,...:1.+?...Y....:..:._"•..c!_..,.ft..:.._�•..t7th.n _r..t_:..,._:r...-� and�eff071;anc Bond No. 024070550 *Premium Included In Performance Bond PAYMENT BOND WHEREAS, the City. Council of the City of National City, by Resolution No. 2019- _, on the 6th day of August, 2019 has awarded Dick Miller, Inc., hereinafter designated as the "Principal", the PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS, CIP NO. 18-11 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Ten Thousand, One Hundred One and 01 Cent 01,010,101.01} lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, Jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit Is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification In, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named In such bond, but the sole conditions of recovery shall be that claimant is a person described In Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, IN WITNESS WIHEREOFthree Identical counterparts of this Instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal , 2019 and Surety above named, on the 24th day of July The Ohio Casualty Insurance ,sn parry Bart Stewart, Attorney -in -Fact Surety (SEAL) Dick Miller, Inc. (SEAL) (SEAL) �--�-� (SEAL) (SEAL) (SEAL) Principal ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGo ) ss On this day 24th of July , 20 19 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the The Ohio CasiialtylnsuranceCompany , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. Bart Stewart NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Sign atu Name (Type or Print) : Erin Elyse Haugh, Notary Public (Notary Public in and for said County and State) My Commission expires: January 6, 2022 ATTACH ALL BONDS ERIN ELYSE HAUGH Commission No. 2227679 NOTARY PUI3LIC - CALIFORNIA v SAN DIEGO COUNTY Commission Expires January 6, 2022 THIS POWER OF ATTORNEY IS -NOT VALID UNLESS :It s- • . . . . . . - • This Power ofAttorney Iimits the acts otthoSi named Iereln and they have no uthor(ty to brnd fhe Coripy ecept In the manner and to the extent hereln stated • TT. 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDEII. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiiay(ies) must have ADDITIONAL INSURED provisions or be endorsed, if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holler in lieu of such endorsement(s). NAme, Bryan Nunke PHONE (619)298-9000 A�X (888) {A//G No. E t C No MghSS: bnunke@farmeruagent.com Nunke Xnsurance Agency 8333 Clairemont Mesa Blvd. Ste 202 San Diego, CA 92111 INsuaeo Dick Miller, ran 930 Boardwalk Suite H San Marcos, CA 92078 COVERAGES CERTIFICATE NUMBER; REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TEHM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT Wifi-i RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUER POLICY EPF POLICY EXP LTR TYPE OF INSURANCE INSD WVD_ POLICY NUMBER (MM/LIDNYYY) (MMIDDNYVY) LIMITS COMMERCIAL GENERAL LIABILITY INSURER(S) AFFORDING COVERAGE INSURER n l Farmers Insurance 8arehange INSURER B INSURE}; C; 733-3122 NAIL d 21652 INSURER D INSURER E : CLAIMS -MADE OCCUR GEN'LAGGREGATE LIMIT APPLtES PER: POLICY J JEGT I I LOG OTHER: AUTOMOBILE LIABILITY XANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY UMBR EL LA LIAB EXCESS LIAB x SCHEDULED AUTOS NON OWNED AUTOS ONLY x 606728194 INSURER F I 1/25/2019 1/2S/2020 EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea ocaurrepce) MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE $ $ PRODUCTS-COMP/OPAGG COMBINED SINGLE1.II$T (Ca accfdsnI) BODILY INJURY (Per parson) $ $ $1,000,000 BODILY INJURY (Per accident) proloPERTY DAMAGE f ereon:font) DED l RETENTION $ OCCUR CLAIMS -MADE WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) If ea, desctbe under DESCRIPTION OP OPERATIONS below Y/N NIA EACH OCCURRENCE AGGREGATE STATUTE ERH E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L, DISEASE - POLICY LIMIT DESCRIPTION OP OPERATIONS / LOCATIONS(VEHfCLC$ (ACORD QI, Add Mona! Rernaohs Schedule, may be attenhed If more space is required) R3: All Operations Additional Insured; The City of National City, its elected officials, officers, agents, employees and volunteers. Primary and Non -Contributory and Waiver of Subrogration is included. CERTIFICATE HOLDER CANCELLATION City of National. City c/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY Or THE ABOVE DESCRIBED POLICIES RE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Bryan Nunke ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Produced using Forms Boss Plus software, www.FormsBoss.corn; Impressive Publishing, LLC 80O-2081977 282 of 362 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PoUcy: 60672-81-94 FARMER INSURANCE BUSINESS AUTO EXTENSIONS 37120 7 st Edition This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. A, Section 11- Liability Coverage is amended as follows: 1, The following is added to Paragraph A,1, Who Is An Insured: Blanket Additiona l Insured Each person or organization with whom you agree, by virtue of a written contract or agreement, to provide insurance is an "insured", but only with respect to their legal liability for acts or omissions ofa person for whom Liability Coverage is afforded under this policy: (1) Provided that the contract or agreement is signed and executed by you prior to the "bodily injury" or "property damage" toss; and (2) The contract or agreement is in effect during the policy period. B. Section IV - Business Auto Conditions is amended as follows: 1, The following is added to Paragraph A.5. Transfer Of Rights Of Recovery Against Other To Us: Blanket Waiver Of Subrogation We waive our right of recovery that we may have against a person or organization, but only to the extent that this is required of you by a written contract or agreement that is signed and executed prior to any "accident" or "loss". This waiver applies only to the person or organization designated in such contract or agreement. 2. The following is added to Paragraph B.5. Other Insurance: Primary And Noncontributory This insurance will be primary and will not seek contribution from any other insurance available to an additional insured underyour policy provided that: (1) The additional insured is a Named Insured under such other insurance: (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available .to the additional insured; (3) This contract or agreement is signed and executed by you prior to when the "bodily injury" or "property damage" occurs; and (4) This written contract or agreement is in effect during the policy period. This endorsement is part of your policy. It supersedes and controls anything to the contrary. It is otherwise subject to all the terms of the policy. 93-7120 1ST EDITION 9-15 Includes copyrighted material of insurance Services Office, Inc., with its permission. J7120101 PAGE 1 OF 1 283 of 362 ACC)RE)" $ DICKMIL-01 CERTIFICATE OF LIABILITY INSURANCE SEIME1 DATE (MM(➢OJYYYY) f Is 7ILU I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. , IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(Ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # 0L48969 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San o Die9 CA 92108 Megan Seitz PHONE (Am, No, Exq: (699) ti69-8108 249 FAX No): E'r rlit an c3insurance.coss: meg m AD INSURERS) AFFORDING COVERAGE NAIL# INSURER A:Asspciated Industries Ins. Co., Inc 23140 INSURED Dick Miller, Inc. 930 Boardwalk Suite H & G San Marcos, CA 92078 INSURER B : Underwriters at Lloyds of London 15792C INSURERC: INSURER D: INSURER E : INSURER F : COVE • --.--------- -- ,%v....J.. I IVILIG .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AWL 1MSD SUBR MEL POLICY NUMBER POLICYEFF (MM(DDIYYYY) POLICY EXP IMMIODryYYYi LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000 J CLAIMS -MADE X OCCUR X AES102480608 11/6/2018 11/6/2019 paENAiISES Ea acoUrrence) $ 100,000 MED EXP (Any $ Excluded one person) PERSONAL & ADV INJURY $ 1,000,000 GENL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $ 2,000,000 P POLICY X JPCT ■ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ — ANY AUTO BODILY INJURY (Perperson) $ _ OWNED AUTOS�RONLY SCHEDULED AUTOS BODILY INJURY (Peraccldent) $ AUTOS ONLY _ AUTOS ONLY PROPERTY DAMAGE $ $ 13 X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 4,000,000 EXCESS LIAB CLAIMS -MADE WCISCEL000232501 11/6/2018 11/6/2019 AGGREGATE $ 4,000,000 DEO X RETENTION $ 0 $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY PER STATUTE OTH- ER ANY PRRRO�FR(ETORRIPARTNER.JEXECUTIVE EXCLUDED? Y IN NIA E.L. EACH ACCIDENT $ (Mandatoryn NH) If describe E.L. DISEASE - EA EMPLOYEE $ yes, under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS) LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is requl ed) General Liability and Employers Liability are Underlying Policies on the Umbrella Policy. Blanket forms apply when required by written contract with the named insured. Re: Job: Paradise Creek Water improvements. City of National City, Its elected officials, officers, agents, employees, and volunteers are named as additional insureds as respects to General Liability per farms CG2010 07/04 and CG2037 07/04. Project Aggregate applies per the attached form regarding General Liability. Blanket endorsements apply when required by written contract with the named insured. CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE cjQ ACORD 25 (2016/03) 0 1988-2015 ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 284 of 362 POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG20100704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS ® SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): All persons or organizations where required by written contract with the Named Insured. Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions .of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. Atl work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 285 of 362 POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG 20 37 07 04 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED ® OWNERS, LESSEES OR CONTRACTORS ® COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location And Description Of Completed Operations All persons or organizations where written contract with the Named Insured requires additional insured completed operations. This form does not apply to your work on "residential property". Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property dam- age" caused, in whole or in part, by "your work" at the location designated and described in the sche- dule of this endorsement performed for that addi- tional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Page 1 of 1 286 of 362 POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY NX GL 093 08 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. AMENDMENT AGGREGATE LIMITS OF INSURANCE (PER PROJECT) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Schedule Subject to an Overall Policy Aggregate Limit: $5,000,000 (Information required to complete this Schedule, if not shown above, will be shown in Declarations.) A. Paragraphs 2. and 3. of SECTION III — LIMITS OF INSURANCE are replaced by the following: 2. The Overall Policy Aggregate Limit is the most we will pay for the sum of a. Medical expenses under Coverage C; b. Damages under Coverage A, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard"; and c. Damages under Coverage B. 3. The Products -Completed Operations Aggregate Limit is the most we will pay under Coverage A for damages because of "bodily injury" and "property damage" included in the "products -completed operations hazard" to each of your projects away from premises owned by or rented to you. B. The following is added to SECTION Ill — LIMITS OF INSURANCE: 8. Subject to Paragraph 2. and 3. above, the General Aggregate Limit is the most we will pay under for the sum Coverage A, Coverage B, or Coverage C to each of your projects away from premises owned by or rented to you. NXGL0930809 Pagel oft Includes copyrighted material of Insurance Services Office, Inc., with its permission 287 of 362 0 ACIGRL CERTIFICATE OF LIABILITY INSURANCE -- Aoct#: 2526411 DATE (MMIDDJYYYY) 7/24/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Of Greater Kansas City Inc. 5700 W 112th Street, Ste. 100 Overland Park, KS 66211 CONTACT PHONE FAX IAIC No Ext}: 844"290 4908 (A/C, No): _ E-MAIL BBSlcerts@locktonafflnity.com INSURER(S) AFFORDING COVERAGE NAIC # INSURER A : Ace American Insurance Co. 22667 ENSURED Barrett Business Services, Inc. L/G/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 - INSURER B : INSURER C : INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 1NSR LTR TYPE OF INSURANCE ADDL ,,,JNSO SUBR ..WD POLICY NUMBER POLICY EFF {MMIDDNYYYUMMIDDNYYY1 POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS -MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'LGE AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $ AUTOMOBILE LIABILITY _ SCHEDULED AUTOS{ NON -OWNED AUTOS COMBINED SINGLE LIMIT • (Ea accidentl $ BODILY INJURY {Per person) $ BODILY INJURYPer accident ) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE — $ AGGREGATE $ DED I RETENTION $ $ A WORNERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANYPROPRIETORIPARTNERIEXECUTIVE ` OFF[CERIMEMBER EXCLUDED? j (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA X C65202700 10/1/2018 10/1/2019 X PER OTH- ER E.L. EACH ACCIDENT $ 2,000,000 E,L. DISEASE - EA EMPLOYEE $ 2,000,000 E.L. DISEASE - POLICY LIMIT $ 2,000,000 • DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requl ed) Policy State = CA Waiver of Subrogation in favor of certificate holder when required by written contract RE: All Operations. Paradise Creek Water Improvements 30-Day Notice of Cancellation CERTIFICATE HOLDER CANCELLATION City Of National City C/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) ©1988.2014 ACORD CORPORATION. All rights The ACORD name and logo are registered marks of ACORD 288 of 362 Workers' Compensation and Employers' Liability Policy Named Insured Barrett Business Services, Inc. L/C/F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92078 Endorsement Number Policy Number Symbol: Number: C65202700 Policy Period 10/1/2018 TO 10/1/2019 Effective Date of Endorsement 7/24/2019 Issued By (Name of the Insurance Company) Ace American Insurance Co. Insert the policy number, The remainder of the information is to be completed only when thls endorsement is issued subsequent to the preparation of the policy. CALIFORNIA WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because California is shown in Item 3.A. of the information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule, where you are required by a written contract to obtain this waiver from us. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization: (X) Blanket Waiver Any person or organization far whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: 3. Premium: The premium charge for this endorsement shall be INCLUDED percent of the California premium developed on payroll in connection with work performed for the above person(s) or orgariization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED y' Authorized Agent WC 99 03 22 289 of 362 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER INC. IN THE NOT -TO -EXCEED AMOUNT OF $1,010,101.01 FOR THE PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENTS PROJECT, CIP NO. 18-11; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $151,515.16 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, the "Paradise Creek Water Quality and Community Enhancements" project, CIP 18-11, is the first implementation phase that will provide immediate benefit to the creek and the community; and WHEREAS, the project is situated on the north side of Paradise Creek at Plaza Boulevard and Paradise Valley Road; and WHEREAS, the first phase of the project will convey storm water flows collected from Paradise Creek to a biofiltration detention basin for treatment which includes the installation of slope stability and erosion control measures surrounding the biofiltration basin that will include native trees, shrubs, mulch, drought tolerant landscaping to reduce the sediment pollutant loads from entering the biofiltration basin during and after a storm event, and construct an access road for Public Works' staff in order to provide regular maintenance of the creek; and WHEREAS, on June 18, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On June 21, 2019 and June 28, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on July 9, 2019, six (6) bids were received electronically on PlanetBids by the 2:00 p.m. deadline with Dick Miller Inc. being the apparent lowest bidder with a total bid amount of $1,010,101.01; and WHEREAS, upon review of all documents submitted, Dick Miller, Inc.'s bid was deemed responsive and lowest responsible bidder qualified to perform the work as described in the project specification with an estimated completion date of Summer 2020; and WHEREAS, staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $1,010,101.01 and to authorize a 15% contingency in the amount of $151,515.16 to address any unforeseen conditions that may arise. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Water Quality and Community Enhancements project to the lowest responsive, responsible bidder, to wit: DICK MILLER, INC. 290 of 362 Resolution 2019 — Page Two BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,010,101.01 with Dick Miller, Inc. for the Paradise Creek Water Quality and Community Enhancements project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council of the City of National City authorizes a 15% contingency in the amount of up to $151,515.16 for any unforeseen changes. PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 291 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 292 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $8,485,480.94; 2) authorizing the City Manager or his designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $8,485,480.94 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project. (Engineering/Public Works) Please scroll down to view the backup material. 292 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the filing of a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project in the amount of $8,485,480.94; 2) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 3) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $8,485,480.94 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the SPP for the El Toyon park Project. PREPARED BY: Jose Lopez, P. Associate Engineer DEPARTMENT: Engi -e'ing/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. Rev. 296 * Exp. 296-409-500-598* APPROVED: APPROVED: ENVIRONMENTAL REVIEW: CEQA Notice of Exemption has been recorded with the County Clerk. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to authorize the filing of the grant application. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ exhibits 2. Resolution 293 of 3621 Explanation Staff is requesting authorization to file a Proposition 68 Statewide Park Development and Community Revitalization Program (SPP) application for the El Toyon Park Project. The grant request is for $8,485,480.94. The SPP competitive grants will create new parks and new recreation opportunities in critically underserved communities across California. Eligible projects must involve either development or a combination of acquisition and development to 1) create a new park, or 2) expand an existing park, or 3) renovate and existing park. The proposed project will renovate El Toyon Park through the construction of: new shared use paths, shade structures, adult workout/fitness area, sports lighting, resurfacing the artificial turf sports field, dog park, new scoreboard, community garden, children play structure, tot lot, community event area, pickleball courts, basketball courts, tennis courts, arena soccer field, amphitheater seating, and park solar lighting. The project will also implement Low -Impact Development (LID) to improve water quality from urban runoff by installing a water quality basin with bioflltration. The Community Services Department took the lead on the extensive community outreach effort. The Department coordinated to post flyers at community centers, public library, City Hall, City's website, and City's social media accounts. The Department also mailed 136 flyers and invitations to residents surrounding the project site. Flyers were also distributed to all National City Chamber of Commerce business members, and elementary schools with assistance of the National School District. In total, six design workshops were held at El Toyon Recreation Center (4), City Hall (1), and Paradise Village (1). Meetings were held in the evenings, as well as two meetings on a Saturday morning, making it possible for a variety of youth, teens, adults and families to participate. The community input was summarized into high priority recreation features which have been incorporated into the grant application. As a part of the community outreach effort, photos of the community based planning were required. Staff captured photos and will be including them with the application. Please note a Copyright License Agreement will be included with the grant application granting the California Department of Parks and Recreation complete authority over all photos submitted. Council Resolution authorizing filing of the grant application is required. Additionally, City Council delegates the authority to the City Manager or designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope. If selected for funding, City Council approves the establishment of an Engineering Grants Fund Appropriation of $8,485,480.94 and corresponding revenue budget to allow for 294 of 362 reimbursement of eligible project expenditures through the SPP for the El Toyon Park Project If grant funding is awarded, staff will return to Council with a recommendation to accept the grant. There is no local match required. 295 of 362 Park Features. 1 16' Wide Shared Use Pa-h Regional Trail Connection (concrete) 18 2 to' Wide Shared Use Path Regional Trail Connection (AC) 3 Water Quality Basin (new blofiltration planting) 4 Adult Workout / Fitness Area (existing with Improvements) 5 Artificial Turf Sports Field (surfacing & lighting replacement) 6 Sports Warm Up (Improved turf area with furnishings) 7 Scoreboard (LED) 8 Storage Building(existi 1g) 9 Dog Park (relocated) to Field Entry Plaza (concrete with furnishings and trees) it Restrooms (existing) 12 Parking Lot (existing wi ':h new fence/ gate, paving overlay, and landscape) 13 Fire Station 33 (existing) 14 Community Canter(exiting) 15 Outdoor Storage (exist^ng) 16 Community Garden (de :omposed granite pathways) 17 Rope Climber Play Structure (ages 5-12) 19 20 21 22 23 24 25 26 27 26 29 3o 31 32 33 34 35 36 Community Event Area (existing with street fumishings) Pickleball Play Courts (concrete with benches) Picnic Lawn (existing with added furnishings) Tot Lot (existing ages 2-5 with new equipment) Restrooms (existing with added fumishings) Euclid Avenue Improvements (with added furnishings) Basketball Courts (relocated) Tennis Courts (resurface) Tennis Courts (new) Fruit Trees (funded separately) Perimeter Tree Buffer (funded separately) Arena Soccer Field (artificial turf) Amphitheater Seating (on slope) 10' Wide Multi -use Path Connector(concrete) Lighting (solar LED) Shade Structure/ Picnic Shelter (with concrete paving) Bleachers (new) Security (cameras on light standards and system) Park Signage (entry monuments and information) r,4'I.i F 1&s .,: EL TOYON PARK MASTER PLAN City of National City, California • 3 July zolg ®LA 296 of 362 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE APPLICATION FOR STATEWIDE PARK DEVELOPMENT AND COMMUNITY REVITALIZATION PROGRAM GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Development and Community Revitalization Grant Program, setting up necessary procedures governing the application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the Applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, successful Applicants will enter into a contract with the State of California to complete the Grant Scope project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the filing of an application for the El Toyon Park Improvements Project; and 1. Certifies that said Applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project if the grant is awarded; and 2. Certifies that if the project is awarded, the Applicant has or will have sufficient funds to operate and maintain the project, and 3. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Delegates the authority to City Manager or his designee to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 6. Will consider promoting inclusion per Public Resources Code §80001(b)(8 A-G). PASSED and ADOPTED this 6th day of August, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 297 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 298 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Request from Environmental Health Coalition to conduct the Healthy Cities, Healthy Residents Active Transportation Pop -Up Event at the intersection of Hoover Avenue and 18th Street on September 12, 2019 from 1 p.m. to 3 p.m. with no waivers of fees. (Neighborhood Services) Please scroll down to view the backup material. 298 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Request from Environmental Health Coalition to conduct the Healthy Cities, Healthy Residents Active Transportation Pop -Up Event at the intersection of Hoover Avenue and 18th Street on September 12, 2019 from 1 p.m. to 3 p.m. with no waivers of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from Environmental Healthy Coalition to conduct the Healthy Cities, Healthy Residents Active Transportation Pop -Up Event at the intersection of Hoover Avenue and 18th Street on September 12, 2019 from 1 p.m. to 3 p.m. The purpose of the event is to highlight current and future active transportation projects in the Westside of National City. This event will consist of family games and local organizational booths. DEPARTMENT: Neighborhood Services Department The applicant is requesting to close the Cul-de-Sac on Hoover Avenue and 18th Street on September 12, 2019 from 10 a.m. through 5 p.m. Note: This is the first time this organization has requested a Temporary Use Permit to conduct the Healthy Cities, Healthy Residents Active Transportation Pop -Up Event. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: MIS City fee of $272.00 for processing the TUP through various City departments and $213.24 for Public Works. Total Fees are $485.24 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: 'NIA ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 299 of 362 CALIFORNIA� NATIONAL City -• niTCORPGRATED 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 nWalk or Run I IConcert/Performance Sporting Event Li Other (specify) Event Name & Location Event Title Healthy Cities, Healthy Residents Active Transportation Pop Up Event Event Location (list all sites being requested) Intersection of Hoover and 18th Street Event Times Set -Up Starts Date Sept 12, 2019 Time 10:00am Day of Week Thursday Date Sept 12, 2019 Time 1:00pm Day of Week Thursday Event Starts Event Ends 3:00pm Thursday Date Sept 12, 2019 Time Day of Week Breakdown Ends Date Sept 12, 2019 Time S.00pm Applicant Information Day of Week Thursday Applicant (Your name) 05 CA.e" Sponsoring Organization Environmental Health Coal Event Coordinator (if different from applicant) Mailing Address 2727 Hoover Avenue, Suite 202, National City CA Day Phone 619-474-0220 JC lAc After Hours Phone Cell 714-883-4063 Fax Public Information Phone 619-474-0220 E-mailosenvironmentalhealth.org Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all Toss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: ' Date 05/24/19 1 300 of 362 Special Event Application (continued) Please complete the foliowing sectlons.with as much_ detail as possible since fees-and.requirements are: based on: the` information you provide:us. Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes No Are admission, entry, vendor or participant fees required? Yes [] No If YES, please explain the purpose and provide amount (s): Not Applicable ✓ $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 0.00 Estimated Expenses for this event. 0.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event. First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar: Healthy Cities Healthy Residents Coalition will be showcasing a pop up event in order to highlight current as well as future active transportation projects in the West Side of National City. -The event will include family activities and booths from local organizational partners throughout National City, Estimated Attendance Anticipated # of Participants: 10 Anticipated # of Spectators: 30 2 301 of 362 Traffic Control, Security, First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes{ No List any streets requiring closure as a result of the event (provide map): Section of Hoover Avenue Cul-de-Sac south of 18th street intersection. Date and time of street closure: 10:OOam Date and time of street reopening: 5:00pm nOther (explain) Requesting to post "no parking" notices? Yes { No n Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): 0( c !1715 ( 00L/ ? Ave- ))E-s -m4-p Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: This is a family event in which we hope to capture families. We do not anticipate hiring of security for this event and can manage both crowd control and security through participating organizations. Have you hired Professional Security to handle security arrangements for this event? Yes N/A No If YES, name and address of Security Organization Security Director (Name): N/A Phone: N/A If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. . Is this a night event? Yes No ✓ if YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: N/A 3 302 of 362 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes No ./ First aid/CPR certified? Yes No First aid station to be staffed by professional company. ► Company n/a If using the services of a professional medical organization/company and the event will occur on City property,:please provide a copy:of its insurance cert ficate, evidencing Ilab iity:with Iimi s of at leash $1__ Mililon dollarsper-occurrence/$2 MUlion dollars. aggregate, as well as and additional.: insured, endorsement naming the City of National City, its of icers, employees, and agents as additional insureds = vidence`of insurance must';be- -: rovided by thee.ver dor;or;its' insurer_:to°the Ne gl borhoo p _ Y Services Department at the time of submission Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: The activities of this event will not obstruct sidewalks or accessible paths. Elements of your Event Setting up a stage? Yes No Requesting City's PA system Requesting City Stage; if yes, which size? Applicant providing own stage ► Setting up canopies or tents? 4 # of canopies size 10x10 # of tents size nNo canopies/tents being set up r Dimensions (13x28) (Dimensions) Dimensions (20x28) 4 303 of 362 Setting up tables and chairs? 1 8 Furnished by Applicant or Contractor 20 # of tables # of chairs No tables being set up riNo chairs being set up (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables 11 No tables being set up ## of chairs No chairs being set up Contractor Name Contractor Contact Information Address Setting up other equipment? Sporting Equipment (explain) n/a J Other (explain) nla Not setting up any equipment listed above at event Having amplified sound and/or music? Yes I I PA System for announcements No City/State Phone Number CD player or DJ music Live Music ► Small 4-5 piece live band Other (explain) If using live music or a DJ. Contractor Name Large 6+ piece live band Address City/State Phone Number 5 304 of 362 Using lighting equipment at your event? Yes No Bringing in own lighting equipment Using professional lighting company I.Company Name n/a Address Using electrical power? Yes Using on -site electricity Bringing in generator(s) 1 No For sound and/or lighting For sound and/or lighting City/State Phone Number { 1 Using Kimball Park Bowl Lighting (from to___) For food and/or refrigeration For food and/or refrigeration Vendor Information PLEASE NOTE: You; may be 'required fora temporary health permit if food or beverages are sold of given away during your special event.; Also:see'Permits and: Compliance' on=page8 in the Special Event Guide For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental.Health at (619) 338-2363. Having food and non-alcoholic beverages at your event? Yes No 1 LJ Vendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: nla If you intend to cook food in the event area pleases ecify the method: GAS ELECTRIC []CHARCOAL OTHER (Specify): Vendors bringing pre -packaged food I. # ► Business License # j� Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) I. # 1 [1 Vendors selling food # I. Business License #(s) Vendors selling merchandise # ► Business License #(s) Food/beverages to be handled by organization; no outside vendors [Vendors selling services # I. Business License #(s) ► Explain services 1 Vendors passing out information only (no e business licensneeded)# 10 ► Explain type(s) of information Health Services No selling or informational vendors at event 6 305 of 362 Having children activities? Yes No PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement. which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. 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 # n/a Inflatable bouncer slide # n/a Rock climbing wall Height n/a Arts & crafts (i.e., craft making, face painting, etc.) Carnival Rides �ther 0C17V +I J C G I G' e� d �df h t Having fireworks or aerial display? Yes Vendor name and license # Dimensions Number of shells No Duration 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 $545.00 Arranging for media coverage? Yes No Yes, but media will not require special set-up Yes, media will require special set-up. Describe 7 306 of 362 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 inferrnation. - Are you planning to have signage at your event? Yes 111 No n Yes, we will post signage # 5 Dimensions Small A -Frame Signage V li Yes, having inflatable signage # ► (complete Inflatable Signage Request form) Yes, we will have banners # What will signs/banners say? Way finding signs with directional arrows direct residents to the event How will signs/banners be anchored or mounted? Freestanding Location of banners/signage Waste Management PLEASE NOTE: -.One toilet for ;every 250 people is;required, unless the applicant can show that there.: are sufficient `facilities in the immediate area available to the public` during the event. Are you planning to provide portable restrooms at the event? Yes If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: Contracting with portable toilet vendor. ► ► Load -in Day & Time No J Company Phone ► Load -out Day & Time Portable toilets to be serviced. ► Time Set-up, Breakdown, Clean-up Setting up the day before the event? J Yes, will set up the day before the event. ► # of set-up day(s) INo, 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) No, vehicles will Toad/unload from nearby street or parking lot. 8 307 of 362 NPDES-Litter Fence City to install litter fence Applicant to install litter fence [ IN/A •Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. ► # of breakdown day(s) ✓ No, breakdown will occur on the event day. How are you handling clean-up? FT Using City crews Using volunteer clean-up crew during and after event. Using professional cleaning company during and after event. Miscellaneous. Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 9 308 of 362 CALIFORNIA NATIONAL Gm INCOILPQRAT1 I. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: National City, Healthy Cities, Healthy Residents Pop Up Event Address: Hoover Avenue, National City Expected # of Attendees: 40 Event Host/Coordinator: Environmental Health Coalition Phone Number: 619-474-0220 II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 4 / Will enough recycling bins provided for the event? Provide number of recycle bins: / l// Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 10 309 of 362 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: Environmental Health Coalition Person in Charge of Activity: Jerry Rivero Address: 2727 Hoover Avenue, National City CA 91950 619-474-022o Telephone: Date(s) of Use:09/12/19 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Official Title: Director of Toxic Free Neighborhoods 05/24/19 Date: Fot .Offie Use: Qnly Certificate of Insurance Approved Date 11 310 of 362 SPECIAL EVENT APPLICATION - Attachment The Special Event Application is requesting a closure of Hoover Avenue south of West 18th Street (highli .;kited in the image below). For further questions, please contact Jerry Rivero of Environmental Health Coalition, at 619-773-2129 1:t; L) titL�� I Pop Up Event Location -ThvT5 C4) 311 of 362 N ENVIHEA-01 AARMAS -Ali CERTIFICATE OF LIABILITY INSURANCE DATE (MMID DIYYyY) 5/28/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERS), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poiicy(ies) must have ADDITIONAL INSURED provisions or be endorsed. if SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Wateridge Insurance Services 10717 Sorrento Valley Road San Diego, CA 92121 NAME; CT Kayne Hong PHONE FAX (A/C, No, Ext): (858) 452-2200 (A/C, No}, (858 j 452-6004 a oz ss: khong@wateridge.com INSURER(S)AFFORDING COVERAGE NAIC # INSURER A: Non Profits Insurance INSURED Environmental Health Coalition 2727 Hoover Avenue, Suite #202 National City, CA 91950 INSURER B:Security National Ins. Co. 19879 INSURER C: INSURER D: ENSURER E : INSURER F: -- ----------- I'".,.aI.J,.,.vmocrl. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTR TYPE OF INSURANCE •N$la SAD POLICY NUMBER POLICY EFF (MM1DDlYYYY) POLICY EXA fMMIDDlYYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 1,000,000- CLAIMS-MADE X OCCUR X 201901687NPO 5/1312019 5/13/2020 DAMAGETORENTED PREMISES(Eaoccurrence} $ 500,000 MED EXP (Any one $ , 20,000 person) PERSONAL & ADV INJURY $ 1,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $ 3,000,000 X POLICY WI, 'r •LOC PRODUCTS.- COMP/OP AGG $ 3,000,000 OTHER: $ A AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 A ANY AUTO OWNED SCHEDULED 201901687NPO 5/13/2019 5/13/2020 BODILY INJURY (Per person) $ A AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ X AURTOS ONLY X pp A� p OY PRer accl enQPERa t rMAGE {P $ $ A X UMBRELLA LAB X OCCUR EACH OCCURRENCE • $ 1,000,000 EXCESSLIAB CLAIMS -MADE 201901687UMBNPO - 5/13/2019 5/13/2020 AGGREGATE 1,000,000 DEO RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N - X PER STATUTE OTH- ER AppNppYppPRqOPRIETORlPARTNERIEXECUTIVE N!A SWC1232050 4/1/2019 4/1/2020 E.L. EACH ACGIDENT $ 1,000,000 (Magdato�n NH)CLUDED? If yap describe under E.L. DISEASE - EA EMPLOYEE$ 1,000,000 DESGRIPT7CN OF OPERATIONS below E.L. DISEASE -POLICY LIMIT 1000000 $ , r DESCRIPTION OF OPERATIONS! LOCATIONS /VEHICLES `ACORD 1EN, Additional Remarks Schedule, maybe attached if m o a space is regal ed THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, AGENTS, EMPLOYEES AND VOLUNTEERS ARE ADDITIONAL INSURED WITH RESPECTS TO GENERAL LIABILITY PER ATTACHED, RE: INSUREDS OPERATIONS PERFORMED UNDER.WRITTEN CONTRACT - • CERTIFICATE HOLDER CITY OF NATIONAL CITY C/O RISK MANAGER 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights The ACORD name and logo a 13 .glstered marks of ACORD 312 of 362 POLICY NUMBER; 2019-01687 N PO Named Insured: Environmental Health Coalition (The)* COMMERCIAL GENERAL LIABILITY CG 20 26 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABIL(Y COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): The City of National City, its elected officials, officers, agents, employees and volunteers Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 11 — Who Is An insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part,' by your acts or omissions or the acts or omissions of those acting on your behalf; 1. In the performance of your ongoing operations; or 2. In connection with your premises owned by or rented to you. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. Wth respect to the insurance afforded to these additional insureds, the following is added to Section 11I — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Decl arations. CG 20 26 04 13 © Insurance Services Office, Inc., 2012 Page 14 313 of 362 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS 'SPONSORING ORGANIZATION: Environmental Health Coalition EVENT: Healthy Cities, Healthy Residents Active Transportation Pop -Up Event DATE OF EVENT: September 12, 2019 APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY COMMUNITY SERVICES NEIGHBORHOOD SERVICES YES [ x ] NO [ ] YES [x] NO [ YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Planning 1. All activities shall comply with the limitations contained in Table III of NCMC Title 12 (Noise). 2. All speakers shall face away from residential properties. Building No comments Engineering They need to be notified that they cannot block access to the school driveway or welding shop entrance. 15 314 of 362 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request to for the issuance of a Temporary Use Permit. It is recommended that as a condition of the issuance of the permit that the following documents must be provided: • A valid copy of the Certificate of Liability Insurance. • That the insurance policy must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers", • That the insurance 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 insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant at the time the Special Event Application was submitted. PUBLIC WORKS (619)366-4580 Streets Division One (1) staff for 2Hrs. © $75.47 = $150,94 One (1) Truck for 2Hrs. © $22.75 = $45.50 Four (4) A -Frame barricades @ $1.04 EA. = $4.16 Six (6) NO PARKING signs w/barricade @ $1.49 EA. = $8.94 One (1) road closed sign w/barricade @ $3.70 Total cost = $213.24 Parks Division No involvement Facilities Division No involvement 16 315 of 362 FINANCE Environmental Health Coalition has a current business license. The only stipulation for Finance (business license) would be is if the water vendor is selling the waters he will need a BL ($24). FIRE (619) 336-4550 No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes POLICE DEPARTMENT A bulletin information Form (BIF) will be created for all patrol personnel working during the event times listed. National City Police Officers will conduct extra patrol as possible. Extra patrol will take place during un-obligated time taking into account that priority calls for service take precedence. CITY ATTORNEY Approved on condition that our Risk Manager approves. COMMUNITY SERVICES No involvement 17 316 of 362 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. 18 317 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 318 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit for an adult school (Interamerican College) in Sweetwater Plaza Shopping Center located at 1727 Sweetwater Road, Suites 209-212. (Applicant: Reymundo Marin) (Case File No. 2019-07 CUP) (Planning) Please scroll down to view the backup material. 318 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for an adult school (Interamerican College) in Sweetwater Plaza Shopping Center located at 1727 Sweetwater Road, Suites 209-212. (Applicant: Reymundo Marin) (Case File 2019-07 CUP) PREPARED BY: Chris Stanley C C. S PHONE: 619-336-4381 DEPARTMENT: Plan i APPROVED BY: EXPLANATION: The applicant is applying for a CUP for an adult school in four existing commercial suites that will consist of 15 students (five students per class) and three classes, as well as four staff members. The applicant states that after two years the number of students is expected to grow to 60. The Planning Commission conducted a public hearing on July 15, 2019. Commissioners asked questions regarding classes, number of students, and hours of operation. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption Class 1, Section 15301 Existing Facilities. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, Baca, Flores, Sendt, Yamane, DelaPaz Absent: Garcia ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2019-11 4. Reduced Plans 319 of 362 2019-07 CUP — 1727 Sweetwater Road — Overhead 32=33'A.I:•iu'_-117=vw �' 5E.1.1''.._ie.?� ATTACHMENT 1 t N 320 of 362 Title: 1, 1 / / 40-° CALIFORNIA NATIONAL CITiv INCORPORATED CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 4 July 15, 2019 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR AN ADULT SCHOOL (INTERAMERICAN COLLEGE) IN SWEETWATER PLAZA SHOPPING CENTER LOCATED AT 1727 SWEETWATER ROAD, SUITES 209-212 Case File No.: 2019-07 CUP Assessor's Parcel No.: 563-161-74 Staff report by: Chris Stanley Applicant: Reymundo Marin Property owner: Sweetwater Plaza East, LLC Zoning designation: Major Mixed -Use District (MXD -2) Adjacent land use/zoning: North: Residential / County of San Diego East: Residential / County of San Diego South: Shopping Center / MXD-2 West: Residential and Golf Course/ Small Lot Residential (RS-2) and Open Space (OS) respectively Environmental review: Categorical Exemption Class 1, Section 15301 Existing Facilities Staff Recommendation: Approve Subject to Attached Conditions ATTACHMENT 2 2 321 of 362 Planning Commission Meeting of July 15, 2019 Page 2 Staff Recommendation Staff recommends approval of a Conditional Use Permit (CUP) for an adult school subject to attached conditions. Executive Summary The applicant is applying for a CUP for an adult school in four existing commercial suites that will consist of 15 students (five students per class) and three classes, as well as four staff members. The applicant states that after two years the number of students is expected to grow to 60. Site Characteristics Sweetwater Plaza is located on the northeast corner of Sweetwater Road and Grove Street in the Major Mixed -Use District (MXD-2) zone. The project site is on the second floor of the plaza and will use four suites (209-212), totaling approximately 3,600 square feet. Proposed Use The applicant is proposing to operate an adult college consisting of two classrooms, four offices, a pharmacy and biology lab, and a computer lab/library aimed at the needs of working adults looking for access to higher education outside of traditional college schedules. InterAmerican College would offer two degrees: Bachelor of Arts in Interdisciplinary Studies (IDS) and Master of Arts in Teaching Cross Cultural Leadership of Allied Health, as well as two programs, Extended Education and Pharmacy Technician. The proposed hours of operation are 5:30 p.m. to 10:00 p.m. every Tuesday and Thursday, and every first and third Friday of the month. According to the applicant, two to three staff members will be on the campus in the morning and five staff members in the evening. During the first two years of operation InterAmerican College anticipates that there will be three classes per month with approximately five students in each class, and that as enrollment grows they will offer six classes for approximately 60 students. Analysis A school is permitted in the MXD-2 zone with the issuance of a CUP. Concerns with educational uses usually focus around traffic and parking issues. Although the applicant is ultimately anticipating 65 individuals for the college campus, parking is based on square -footage rather than number of students. For an adult school, one parking space is required for every 300 square feet of office space and one parking space for every 40 square feet of classroom area. With approximately 360 square feet of office space, one 3 322 of 362 Planning Commission Meeting of July 15, 2019 Page 3 parking space is required, and with 2,100 square feet of classroom space, 52 parking spaces are required for a total of 53 parking spaces. A retail use of the same amount of space would require only 14 spaces; Sweetwater Plaza has a total of 163 parking spaces. The National City Municipal Code does allow for opportunities for reduced parking subject to Planning Commission through shared parking. Shared parking is encouraged for different uses that will not adversely affect the site or the adjacent area With the classes only taking place at night, it would subscribe to the idea of shared parking, as it is expected that different uses, doctor's offices, dentists, chiropractors, salons, banks, etc. would not be operating in the evening. Findings for Approval The Municipal Code contains required findings for CUPs. There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Major Mixed -Use District zone per a Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Goal E-2 encourages greater opportunities for the City's residents to attend colleges and universities. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. 4 323 of 362 Planning Commission Meeting of July 15, 2019 Page 4 The site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by Sweetwater Road, an arterial street, and since the proposed hours of operation would offset the quantity of shared uses on the site. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a higher education. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Class 1, Section 15301 Categorical Exemption includes interior alterations- interior partitions. Conditions of Approval A condition requiring proof of all local, state and/or federal permits necessary for operation of the college be provided prior to operation is included as well as one restricting the hours of operation from 5:30 p.m. to 10 p.m. Tuesdays, Thursdays, and every first and third Friday of the month. This will assure that parking does not become an issue. Staff will be allowed on -site all day as requested. An additional condition limiting the amount of students on campus to 60 is also included to further insure that parking is not affected. The Engineering Department had no comments on the project; Building and Fire Department had standard conditions requiring the project to follow their respective codes. Summary The proposed educational use is consistent with the Land Use Code with the approval of a Conditional Use Permit. Although not a typical commercial use associated with a shopping center, Conditions of Approval will help to ensure that the business operates in harmony with existing uses in the area. Potential parking impacts will be minimized with the restricted hours of operation and shared parking allowance. 5 324 of 362 Planning Commission Meeting of July 15, 2019 Page 5 OPTIONS 1. Approve 2019-07 CUP subject to the conditions listed below, based on the attached findings or findings to be determined by the Planning Commission; or 2. Deny 2019-07 CUP based on the attached finding; findings to be determined by the Planning Commission; or 3. Continue the item to a later date in order to obtain additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Site Photos 5. Business Description 6. Applicant's Plans (Exhibit A, Case File No. 2019-07 CUP dated 4/18/2019) 7. Public Hearing Notice (Sent to 51 property owners and occupants) 8. CEQA Notice of Exemption 9. Resolutions CHRIS STANLEY Assistant Planner 131u1 ° DO VERGARA Acting Deputy City Manager/ Director of Community Development 6 325 of 362 RECOMMENDED FINDINGS FOR APPROVAL 2019-07 CUP 1727 Sweetwater Road Suites # 209-212 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Major Mixed -Use District zone per a Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan because General Plan Goal E-2 encourages greater opportunities for the City's residents to attend colleges and universities. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by Sweetwater Road, an arterial street, and since the proposed hours of operation would offset the quantity of shared uses on the site. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a higher education. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because Class 1, Section 15301 Categorical Exemption includes interior alterations such as interior partitions. 7 326 of 362 RECOMMENDED FINDING FOR DENIAL 2019-07 CUP 1727 Sweetwater Road Suites # 209-212 1 The proposed use will have an adverse effect upon traffic as it would require four times the amount of parking spaces an alternative use would. The adult school and office space would require a total of 53 parking spaces in comparison to a retail use in the same space requiring only 14 parking spaces. 8 327 of 362 RECOMMENDED CONDITIONS OF APPROVAL 2019-07 CUP 1727 Sweetwater Road Suites # 209-212 General 1. This Conditional Use Permit authorizes an adult college within suites 209-212 of the Sweetwater Plaza shopping center located at 1727 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-07 CUP, dated 4/18/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. Building 5. Building Plans and permits shall meet the 2016 California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes. Fire 6. Project shall be designed to code. 9 328 of 362 7. 2) The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2016 editions of NFPA, CFC and the current edition of the CCR. 8. Fire sprinkler and fire alarm systems, shall be evaluated and installed for intended use per code. 9. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 10. The fire code official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for this code. 11. 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 12.The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the college. Proof of said permits shall be provided at time of business license issuance. 13.This permit authorizes the college to operate from 5:30 p.m. to 10 p.m. Tuesdays, Thursdays, and every first and third Friday of the month. Staff has no time restrictions for being on campus. 14.This permit limits the occupancy of the college campus to five staff members and 60 students. 10 329 of 362 r • • • - — - - • PHOTO LOCATION Historic • &eve IENVeepgagdonana4 Weaft a /( PFIOJEOT 7e Oft a oteat e 1727 Sweetwater Road National City, Ca. 91950 BULDNO DATA, APN: 563-161-74-00 90UAAE FOOTAGE 3738. e!. Isaem end Ravine* Na. Oats beano and Rarteicoe 0/02/11 Prelim! ry Peelgn CMI' l anle Contractor Sot 2)4/0v2dle City. Corrections Stelrp and Signature Period Nem' Lourdes No.4 Prgad Nw 620011 Data I0f02Al Cad Fib Dissenter <ID • L • %ALE,1• = 20'-0' • 330 of 362 INTERAMERICAN COLLEGE InterAmerican College (IAC) is an institution of higher learning, recognized by the internal Revenue Service as a 501-c-3, not for profit corporation. It is also recognized by the California Franchise Tax Board and the California Attorney General's office. The California Bureau of Private Postsecondary Education (BPPE) approved the non-profit corporation to apply for college status. The Board of Trustees chose to rent the offices on 1727 Sweetwater Rd. suites 209-212, in National City. With a required address in place, IAC was able to submit an application to the Bureau of Private Postsecondary Education (BPPE) for approval to operate. The BPPE is currently reviewing the application after some clarifications and minor changes were made. PURPOSE InterAmerican college is applying to the City of National City Planning Department for approval to make some improvements to the rental leased space located at 1727 Sweetwater Rd., Suites 209-212. The rental space measures 3,760 square feet and can accommodate three classrooms, administration and faculty spaces, a library and computer center. The college is requesting permission to add 3 walls and doors to the existing structure to have three separate classrooms. The college is also requesting permission to install 2 sinks. One for the staff and faculty lounge and one for the pharmacy lab. Academic Programs: InterAmerican College (IAC) will offer two degrees and a program in Extended Education. 1, Bachelor of Arts In Interdisciplinary Studies (IDS). This degree offers a variety of academic areas of knowledge and skills across subject areas of the curriculum. !AC offers two options: Option A for Educated immigrants, and Option B for US transfer students. Option A The purpose of the IDS degree program is designed for applicants who submit transcripts of course work or a degree program from a foreign university. The 3+1 program allows IAC to accept external evaluated transcripts to apply to the IDS degree. Educated immigrants confront some language barriers and IAC will emphasize spoken and written English to enhance their skills and knowledge. Option 8 The purpose of IDS is to provide United States (US) students with an alternative route to a college degree without declaring a major. Students can choose from a variety of subject areas of study that will enhance skills and knowledge to enter different areas of employment. IAC accepts the transfer of (60) Lower Division semester units from US colleges and universities. 2. Masters of Arts in Teaching Cross Cultural Leadership of Allied Health, The Master's in teaching Provides health professionals with the knowledge and skills to design, to organize, to develop, and to implement curriculum at post -secondary institutions at vocational programs, or at the Community College and university level. The purpose is to prepare graduates as instructors in health -related fields. 3. Office of Extended Education (OEE4. IAC's goal is to respond to the needs of working adults by providing access to higher education outside of traditional college schedules. OEE will offer workshops, seminars, courses, certificates and diplomas. These addresses the needs of applicants who may need to complete a degree, improve their knowledge and skills, and advance in their career, enhance personal skills, or update their occupational competencies. The Office will contract with agencies or businesses to design workshops or conferences, 12 331 of 362 4. Pharmacy Technician Program: There Is a demand for pharmacy technicians, especially in San Diego Southbay. IAC will recruit and enroll working adults and foreign medical personnel that want to pursue a career in the pharmaceutical field. The pharmacy technician laboratory program will not handle any hazardous material of any kind. The pharmacy lab will have no acids, liquids or medicines. The pharmacy Technician program will use Empty boxes of medicine to simulate a pharmacy for students to practice using dry corn, beans and jelly beans as a substitute. 5. Bathrooms: There are bathrooms on the second floor, adjacent to the space lAC is leasing. The bathrooms for men and women are handicap accessible. The management team of the building is responsible for keeping them clean and supplied with paper products. Hours of operation and Employees: InterAmerican College will schedule classes only in the evening for working adult students. Classes are scheduled from 5:30 to 10:00 p.m., on Tuesday and Thursdays, and 15t and 3rd Fridays on a one -month format to comply with the Carnegie hours of instruction. Only two or three staff persons will be on the campus in the morning, and five in the evening. There are 3 part-time employees that work only Tuesdays and Thursdays. Dr. Maria Viramontes de Marin will be in the office mornings during the startup phase. During the first 2 years of operation, interAmerican College anticipates that there will be three classes per month with approximately five students in each class. As enrollment grows, six classes in the evening will be offered per month in the existing facility for approximately 60 students. After two years, IAC can apply for accreditation to an accrediting agency. Parking: Sweetwater Plaza East offers ample public parking spaces. There are additional parking spaces on the premises east of the Sweetwater Plaza retail space. Since IAC classes are only scheduled in the evenings, there will be more than enough parking spaces for 15 students and 4-5 college staff. All parking spaces are uncovered. There is an elevator for handicapped access to the second floor. The college will not have any of the following. 1. No live music 2. No alcohol 3. No bedrooms 4. No exterior changes 5. Adults do not need to have playground area. Respectfully submitted by Professor Reymundo Marin 13 332 of 362 CALIFORNIA Ti;: NALcfty INcoRPORATED CITY OF NATIONAL CITY — PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR AN ADULT SCHOOL IN SWEETWATER PLAZA SHOPPING CENTER LOCATED AT 1727 SWEETWATER ROAD, SUITES 209-212 CASE FILE NO.: 2019-07 CUP APN: 566-161-74 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, July 15, 2019, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Reymundo Marin) The applicant is requesting to operate an adult school for up to 60 students in approximately 3,600 square feet of Sweetwater Plaza Shopping Center. The proposed hours of operation are 5:30 p.m. to 10:00 p.m. every Tuesday and Thursday, and every first and third Friday of the month. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., July 15, 2019, who can be contacted at 619-336-4310 or planning( nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION MARTIN REEDER, AICP Principal Planner 14 333 of 362 +}- CALIFORNIA NATIONAL Car rNCORpORATED NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Lead Agency: City of National City Project Title: 2019-07 CUP Project Location: 1727 Sweetwater Road Suite # 209-212 National City, CA 91950 Contact Person: Chris Stanley Telephone Number: (619) 336-4381 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for an adult school located at 1727 Sweetwater Road Suite # 209-212 Applicant: Telephone Number: Reymundo Marin — InterAmerican College (619) 994-1627 1727 Sweetwater Rd. Suite # 209 National City, CA 91950 Exempt Status: ® Categorical Exemption - Class 1 Section 15301 Existing Facilities (interior alterations- interior partitions) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The project involves no new development and will reside in an existing facility. Date: CHRIS STANLEY Assistant Planner 15 334 of 362 RESOLUTION NO. 2019-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR AN ADULT SCHOOL (INTERAM:ERICAN COLLEGE) IN SWEETWATER PLAZA SHOPPING CENTER LOCATED AT 1727 SWEETWATER ROAD SUITES # 209-212 CASE FILE NO.2019-07 CUP APN: 563-161-74 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for an adult school located at 1727 Sweetwater Road Suite # 209-212 at a duly advertised public hearing held on July 15, 2019, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2019-07 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 15, 2019, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Major Mixed -Use District zone per a Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan because General Plan Goal E-2 encourages greater opportunities for the City's residents to attend colleges and universities. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the site for the proposed use is adequate in size and shape, since the proposed ATTACI-IIf 1ENT 3 335 of 362 use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic generated by the proposed use, since the proposed use is served by Sweetwater Road, an arterial street, and since the proposed hours of operation would offset the quantity of shared uses on the site. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use isdeemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a higher education. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because Class 1, Section 15301 Categorical Exemption includes interior alterations such as interior partitions. BE IT FURTHER RESOLVED that the application for the Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes an adult college within suites 209-212 of the Sweetwater Plaza shopping center located at 1727 Sweetwater Road. Except as required by conditions of approval, all plans submitted for permits associatedwith the project shall conform to Exhibit A, Case File No. 2019-07 CUP, dated 4/18/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 17 336 of 362 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified i.n the Municipal Code. Building 5. Building Plans and permits shall meet the 2016 California Building, Mechanical, Electrical, Plumbing, Accessibility, Green, Energy and Fire Codes. Fire 6. Project shall be designed to code. 7. The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2016 editions of NFPA, CFC and the current edition of the CCR. 8. Fire sprinkler and fire alarm systems, shall be evaluated and installed for intended use per code. 9. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 10. The fire code official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules.and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for this code. 11. 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 12.The applicant shall provide proof of all local, state and/or federal permits necessary for operation of the college. Proof of said permits shall be provided at time of business license issuance. 18 337 of 362 13.This permit authorizes the college to operate from 5:30 p.m. to 10 p.m. Tuesdays, Thursdays, and every first and third Friday of the month. Staff has no time restrictions for being on campus. 14.This permit limits the occupancy of the college campus to five staff members and 60 students. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 15, 2019, by the following vote: AYES: Natividad, Baca, Flores, Sendt, Yamane, Dela Paz NAYS: None. ABSENT: Garcia ABSTAIN: None. 19 338 of 362 • • • • • • latetelotericeta 1727 Sweetwater Drive National City, CA. 91950 L 1 AM TIE DESIGNER / 044ER IN RESPONSIBLE CHARGE OP THIS PROJECT. !NAVE INSPECTED THE SITE4'1011SE6 AND DETEfa114Ei0 TWAT EXISTING CONDITIONS ARE N 9LL COMPLIANCE WITH THE CURRENT ACCESSIBILITY REGMIRE/1E14TO TO THE EOM' TE0 0 BY THE LAP. 6IGNATLF£ PRINT NAME DATE 2. IF THE BOLDING NSPECr0R DETEW7NES N0NCOIPLIMICE WITH ANY CURRENT ACCESSIBILITY PROVISION OF THE LAN SIE/SHE SHALL 0401IRE suanirTAL O: COMPLETE AND DETAILED PLANS TO THE I:ONTI- CIF UN DIEGO. BOLDED DIVISION FOR RU41IER REVIEW. PLANS MIST CI FA. 1- SNOW ALL EGGING TIN-CO-IPLIANT CONDITIONS SERVING THE ALTERATION, 61*40TURN. REPAIR OR ADDITION AND FROroeos PURGATION OF DEFICIENCIES TO FEET CURRENT ACCESSIBILITY FRLNISIGN6.• -COG 1113-202.4 9. I ATI THE DESIGNER / CYS4R N RESPONSIBLE CHARGE CF PROJECT. I NAVE N6PECIFD THE SI1E.P1 fl11SE6 AND DETERMINED THAT IONISING TE6ITDO•Y6) SERVING TIE AREA OF ALTERATION ARE N FULL COMPLIANCE PATH THE OJFEENT ACCESSIBILITY PROVISIONS TO THE DREW REGREW BY THE LAW. • PROJECT DIRECTORY NC014TU E PRINT NAME DATE SHEET INDEX KEY NOTES PRDPERTY LINE 0 EXTG. LANDSCAPE OEXTG. CONCRETE SIDEWALK OEXTG. WATER METER OEXTG. GAS METER SHOWN CENTER LINE OF STREET OEXI5T6JG ELEVATOR OEXTG. TRASH BINS OEXTG. 14C. PARKING STALL ® NOT USED 0 EXTG. MAIN ELECTRICAL PANELS OSHOWN PATH OF TRAVEL FOR HC. OEXTG. ACCESIBLE PARKING SIGN EXTG. APRON PER CITY STANDARDS ONOT USED 16 EXTG. BACKFLOW PREVENTION VALVE att■t- SWEETWATER PLAZA EAST L L C HAIL ADDRESS: 2849 QUALTRCUGH ST BAN DIEGO, CA 92106 SITE ADDRESS: 1121 Sweetwater Drive National City, CA 91950 REYMOFIDO MARIN t MARIA MARIN MAIL ADDRESS: 1121 SWEETWATER DRIVE NATIONAL CITY, CA. 91950 SITE ADDRESS: 1121 Swestwator Drive National City, CA 91950 MINIM JOSS M. MARTINEZ 4645 RUFFNER ST, STE Q SAN DIEGO, CA 92111 VOICE: (858) 421-4161 =Ian DAVID M BANDERR 1043 FLORET STREET SAN DIEGO, CA 92122 VOICE: (858) 331-1522 *PROJECT INFORMATION MA/RAN PROJECT ADDRESS: 1121 SWEETWATER DRIVE NATIONAL CITY, CA. 91950 BUILDING TYPE: TYPE V, SPRINKLER ASSESSOR PARCEL No: 563-161-14-00 BUILDING CODE: 2016 CBC WHICH ADOPTS THE 2015 IBC. nrn"FANCY: ZONE: TYPE 'E" MIXED OCCUPANCY AREA ALLOWED YEAR BUILT: LOT SIZE: LEGAL BRIEF DESC: ILLC- CCFRIERCIAL 1989 50/325 6F / 0.32 AC NEW COLLEGE PARCEL 2 OF PARCEL, MAP No. 14863, CITY OF NATIONAL CITY, coUWT1' OF SAN DIEGO, STATE OF CA. SUBDIVf51ON: LINCOLN ACRES *GOVERNING CITY OF NAT117NAL CITY SWEETWATER AUTHORITY WILL HAVE A DEFERRED WEND -ALL (FIRE SPRINKLERS MODFICATIONS). ARCHITECTURAL TS-I TITLE SHEET T5-2 NOTES T5-4 ADA NOTES T5-5 HISTORIC A2-I EXISTING FLOOR PLAN A2-2 NEW FLOOR PLAN A2-3 REFLECTED CEILING PLAN A2-4 PARTITIONS WALLS DETAILS E-I POWER PLAN E-2 LIGHTING PLAN 1E/8-1ANICAL M-I TITLE-24 PLUMBING P-I PLUMBING SEWER PLAN P-2 PLUMBING WATER PLAN SQUARE FOOT PFORMATION AREA OF TENANT IMPROVEMENTS 3,138 SF. GENERAL NOTES I. COMMERCIAL CONSTRUCTION COMPLY WITH THE 2013 EDITION CF THE CALIFORNIA BUILDING CODE 2. (TITLE 24), WHICH ADOPTS THE FOLLOWING MODEL CODES: 2016 IBC, 2016 UPC, 2013 UMC AND 2016 NEC. 3. THIS PROJECT WILL COMPLY WITH THE CITY OF 4. SAN DIEGO LIGHTING ORDINANCE THIS FACILITY WILL ISE USING SINGLE USE UTENSILS HOPE OF won( I. TENANT IMPROVDnINT ENTAILING 3138 SF FOR A NEW COLLEGE 2. 05 LINEAR FEET OF NON BEARING pARTIT1CN WALL 3. 5 NEW ELECTRICAL OUTLETS CFC Section 505.1 New and existing buildings shall have approved adores, numbers, buildings numbers or approved building identl fleet! on placed In poettion that Is plainly legible and visible from the street or road fronting the property. These number, ,Fall contrast In color to background. Numbers shall be a minimum of 4' high with a minimum stroke width of 1/2 inch. CFC Section 503.6 Where access to or wl thin a structure or an area is restricted because of secured openfrga or whore Immediate access le nece6eary for 11ro-saving or Me -fighting purpose°, the fire code offic's! le authorized to require a key box to be !retailed In an approved to require a key box to be Installed In an approved location. They key box eha l be of an approved type and shall contain key(e) to gain neceeeary access ace required by this fire code official. 0) M 1 195.05' SWEETWATER JIOAD B.ECTWCAL ROOM 87 SP/15- 5 PEOPLE ORiCE 2 87 SF/IS - 5 PEOPLE co* JiEt LAB 1029 SF/15 - 88 PEOPLE CLASSROOM 2 358 SF/15 - 23 PEOPLE ATTACHMENT 4 OFFICE 3 106 3P/15.7 PEOPLE HALLWAY 368 3Fi16. 24 PEOPLE EXHIBiT: ! ASE FILE N i.a201c1—b7Gve ATE: �{ _ 11 ram► e aye 7e iaaptt `l pflfvzove ke P4 6o,ra Kea edeele ADONESO 1727 Sweetwater Road National City, Ca. 91950 ▪ .LDf10 DIATAi APN: 563-161-74-00 t? LINE POOiACIlb 3738. sf. i OFFICE 4 78 SF/15 - 5 PEOPLE PHARMACY AND RIOLOOY LABORATORY 729 SF/15 - 48 PEOPLE OFFTCE 1 87 36/15 - 4 PEOPLE CLASSROOM 1 44e SF/IS - 28 PEOPLE TOTAL OCCUPANCY: 194 PEOPLE Site Plan • • 6eN.= emigrations No. Dale Woes snd6erliona 10/02/11 Preliminary Daelgn 03/11 0018 Contractor Bet 04/09r2018 City Corrections Stamp aTld Sues,. Prolsd Nuns Lclede6 No. 4 Frgeo Ner 5200n Data: 10/0241 Cad Rs Deeeplion /� 811M Na CID ,S_1 SCALE: T e 20'-0' • • L • • • 339 of 362 7 • • • KEY NOTES 0 EXISTING DECK Oa LESLFtNEDNAOWR SHELVING NoTD6" MIPOVE FINISH FLooR AND THE toP SHELF SHALL NOT EXCEED 10" 1=RoM FINISH FLooR MINN. FOR PPERII HASSHELVES E Foot* SASE LESS THAN 25 LINEAR FEET 0 0 0 0 0 0 1(D 0 la I3 14 I5 16 IT IS 19 TACTILE EXIT SIGHS COMPLYING WITH SECTION 111115.5.1 AND IN ACCORDANCE WITH SECTION 1011. AT THE EXIT DOOR, NEW IS GAL. MEDIUM DUTY GAS COMMERCIAL '115000 Btu a RECovERY oMop, 11 GPM AT 60 F, W/STRAPS SNEEZE GUARD (SEE SHEET A3-1 DETAIL A) l5) ELECTRICAL MAIN PANEL (E) ELECTRICAL GUIs PANEL EXISTING FIRE ALARM CONTROL PANEL (E) FIRE EXTINGUISHER, MINIMUM LISTING of UL ABC 2A-IOBC MOUNTED 6'-0" A.F.F. RR, ORDINANCE PERREFLECTEDECEILING PLA4NS (E) MAKE UP AIR SUPPLY SHELVING FOR CLEANING SUPPLIES (SOAP, cLEANSER6 WAXES, ETC) AND TOXIC SUp9TANCES. GRAPE LEVEL EXTERIOR EXIT POOR 51-IALL BE IDENTIFIED BY TACTILE SIGN WITH WORD EXIT. PRP ON WALL UP To 8'-0" F.P.F. FRP ON NALL UP TO 36" F.F.F. FIR'. ON WALL UP TO 4'-0" F.F.F. EXISTING DOOR TO OE REPLACE WITH A NEW 3"-O'x6cS" 8' HIGH STAINLESS STEEL SPLASHGUARD WITH SMOOTH ROUND EDGES GREASE TRAP SAMPLE BOX DOOR PER DOOR SCHEDULE WINDOW PER SCHEDULE III 100 I WALL PER LEGEND ROOM NUMBER PER FINISH SCHEDULE. WALL TYPE WALL LEGEND 3 5/8" METAL STUDS • 24" o.c. 6" METAL STUDS sa 24" 0.c. NOT USED EXISTING NALL TO REMAIN WALL TYPE WALL LEGEND Imam EXISTING 1 I4R. DEMISING WALL NEW METAL STUD NALL PER WALL LEGEND GENERAL NCYNis 1.- STATE HEALTH 4 SAFETY CODE SEC. 11921.S BANS THE USE OF CHLORINATED POLYVINYL CHLORIDE (CPvc) POR INTERIOR WATER SUPPLY PIPING 2.- INSTALLATION OF SMOKE DETECTORS. WILL WITH UBC ( SEC. 310.E ) 3.- PERMANENT VACUUM BREAKERS SHALL 13E INCLUDE' WITH ALL NEW HOSE 13113B9 I. HINGED EXIT POOR& CAPABLE OF OPENING MINIMUM 90 DEGREES 2. MINIMUM 32' CLEAR WIDTH, MEASURED IOR HINGED DOORS BETWEEN FACE OF DOOR AND OPPOSITE STOP WHEN POOR OPEN 90 DEGREES PER COG II13-5B(0. 3. HINGE-511E APPROACH TO PUSH SIDE OF POOR WITH LATCH AND CLOSER: WIDTH: MINIMUM 54 INCHES PARALLEL TO DOORWAY LENGHT: MINIMUM 48 INCHES PERPENDICULAR TO DOORWAY. 4. HINGE -SIDE APPROACH TO PUSH SIDE GP p0OR WITH LATcH/CLOSER COMBINATION, LENGHT MINIMUM 44 INCHES PERPENDICULAR TO DOOR^IAY. 5. HARDWARE:MINIMUM 34 INCHES AND MAXIMUM 44 INcHES ABOVE FLOOR. 6. SMOOTH, ININTERRUPTED SURFACE AT BOTTOM 10 INCHES OF ALL DOORS AND GATES PER FIGURE 1113-29 ALLOWING OPENING BY WHEELcHAIR. 1. DOORS TO 05 5 POUNDS OP FORCE TO OPEN ANY DOOR OR GATE. 8. DOOR WITH CLOSERS SHALL HAVE SWEEP PERIOD op 3 SSCONp5 FROM T0-DEGREE OPENING 1.051110N UNTILL LEADING EDGE OF DOOR IS WITHIN 3 INCHES •OF LATCH, 9. THE MEANS OF EGRESS, INCLUDING THE EXIT DISCHARGE, WILL p5 ILLUMINATED TO A LEVEL OF Not LESS THAN ONE FOOT-CANDLE AT THE WALKING SUTACE AT ALL TIMES THE OUILDING SPACE SERVED BY THE MEANS OP EGRESS 16 OCCUPIED (SECTION 1006.2) 10.15ATHROOMS OUTLETS ARE TO OE ON A DEDICATED 20 AMP CIRCUIT WITH NO OTHER AMP CIRCUIT WITH NO OTHER DEVICES OR EACH BATHROOM TO BE ON ITS OWN DEDICATED 20 AMP CIRCUIT WITH ONLY THAT BATHROOM'S 12. EXTERIOR p0OR6 OPEN OUTWARD AND ARE SELF - CLOSING AND THIGHT FITTING OVERHEADS AIR CURTAINS ARE TO BE PROVIDED OVER CARGO, DEDICATED DELIVERY. 13. THE MINIMUM SIZE SINK COMPARTMENTS SHALL BE IS"x18"x12" PEEP WITH A MINIMUM 18" 2RAINBoARD AT EACH END. 14. EACN HANDWASHING SINK SHALL HAVE A WALL MOUNTED SINGLE SERVICE TOWEL AND SOAP DISPENSER. 15. ALL SANITARY SYSTEM MATERIALS SHALL BE LISTED •BY AN APPROVED LISTING AGENCY. • • (E) 51-0,1 X 4'-0" W (E) 5'-0' X 4'-0" 14 • (E) 5'-0" 4 0" • (E) 5"-0' X 4"-0" W (E) 5'-0' X 4:_0" Wt • ® ® (E) 4'-0" X W (E) 4'-0' X 5'-0" PIT 0 00 (5) 4"-0" X 5'-0" (E) X 5'_0„ W o® ® ®® (E) X 5.-0" I,,1 (E) 4'-0" 5'-0" W 0 (E) (£) 3'-0" X T'-0" W 4'-0" X 5'-4' W 0 1-1 (E) 2'-5' X 5,-4" (E) 3'-5" X 5'-4" 1,1 0'-6,5" X 15. SECTION 1008.1,2 COG 6'-8" W THE OPENING FORCE FOR INTERIOR SIDE -SWINGING DOORS WITHOUT CLOSERS SHALL NOT EXCEED A 6-POUND (22 N) FORCE. FOR OTHER SIDE -SWINGING, SLIDING, AND FOLDING DOORS, THE DOOR LATCH SHALL RELEASE WHEN SUBJECTED TO A 15-POUND (61 N) FORCE. THE DOOR SHALL 0E SET IN MOTION WHEN SUEJECTED TO A 30-POUND (133 N) FORCE_ THE DOOR SHALL SING TO A FULL -OPEN POSITION WHEN SUBJECTED TO A 15-POUND (61 N) FORCE. FORCES SHALL BE APPLIED TOTH5 LATCH SIDE. 16. BUILDING DRAIN AND VENT PIPING MATERIALS SHALL COMPLY 1.1I1H SECTIONS 101.0 AND 903.0 OF THE CALIFORNIA PLUMBING CODE. 11. EACH FAUCET SHALL NOT EXCEED A WATER FLOW or 2.2 GPM. 19a. SECTION 113315.2.5.2 LATCHING, oR LOCKING, DooR5 IN A PATH OF TRAVEL ARE OPERATED WItH A SINGLE EFFORT BY LEVER TYPE HARDWARE, oY PANIC BARS, PUSH- PULL ACTIVATING i3AR5, OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE WITHOUT REQUIRING THE ABILITY TO GRAPP THE OPENING HARDWARE. I9I . 15 To BE CENTERED 30" BUt 44" ABOVE FLOOR. 20. ELECTRICAL INTERLOCK BETWEEN MAKEUP AIR AND EXHAUST SHALL BE PROVIDED. 21. TURBINE UPDRAFT EXHAUST FANS SHALL BE HINGED AND CHAINED FOR CLEANING OF VERTICAL DUCT, 22, EGRESS DOORS SERVES A ROOM OR AREA W1TH AN OCCUPANT LOAD OF 50 THE DOOR SHALL SWINGS IN THE DIRECTION OF EGRESS TRAVEL (SEC. 1005.1.2) 24. INTERIOR AND WALL CEILING FINISH MATERIALS SHALL IDE CLASSIFIED IN ACCORDANCE WITH ASTM-E84 OR UL123 SUCH INTERIOR FINISH MATERIALS SHALL BE CLASS "C"- FLAME SPREAD INDEX 16-200 SMOKE DEVELOPED INDEX 0-450. HARDWAIE 1. SECTION 1008.1.2 clap THE OPENING FORCE FOR INTER1oR SIDE -SWINGING POOR& WITHOUT CLOSERS SHALL NOT EXCEED A S-PaRJD (22 N) FORCE. FOR OTHER SIDE-6WINUING, SLIDING, AND FOLDING DOORS, THE DOOR LATCH SHALL RELEASE WHEN SUBJECTED TO A 15-POUND (61 N) fORCE. THE DOOR SHALL BE SET IN MOTION WHEN SUBJECTED TO A 30-POUND (133 NJ FORCE. THE DOOR SHALL S4G To A FULL -OPEN POSITION WHEN SUBJECTED TO A 19-POUND (61 N) FORCE. FORCER SHALL BE APPLIED TO THE LATCH SIDE, (E) 0'-6.5" X 6"-8" W 2. SECTION 1009.1.9.2 CSC HARDWARE HEIGHT, DOORS HANDLES, PULLS, LATCHES, LOCKS AND OTHER OPERATING DEVICES SHALL BE INSTALLED 34 1NCHE8 (864 mm) MINIMUM AND 48 INCHES (1219 mm) MAXIMUM ABOVE 744E FINIOHEP FLOOR. LOCKS USED ONLY FOR SECURITY PURPOSES AND NOT USED FOR NOISIAL OPERATION ARE PERMITTED AT ANY HEIGHT. • (E) 0'-6.5' X 6'-8" W (E) 0-10" X 6"-8" W (E) 0'-10' X 6'-5" W 25, INTERIOR NALL OR CEILING FINISH MATERIALS SHALL BE PERMITTED TO pE TESTED IN ACCORDANCE WITH NFPA 255. (803.1.2). 26. SUSPENDED CEILING SHALL MEET FLAME PROPAGATION PERFORMANCE CRITERIA IN ACCORDANCE; WITH SECTION 506.2 AND NFPA 101 oR B5 NON coliOUSTIpLE. 21. SUSPENDED CEILING SYSTEM DETAILS AND CONNECTIONS DETAIL ARE PER ASCE 1-05, SECTION 13.5.6 AND C16C4, 3-4 FOR SEISMIC DESIGN CATEGORY 28. AFTER A BUILDING 16 OCCUPIED ANY CHANGE IN USE OR OCCUPANCY WHICH CAUSES AN INCREASE IN IN OCCUPANT LOAD SHALL COMPLY WITH ALL OF THE REQUIREMENTS POR THE INCREASED LOAD. 4"ALL EGRESS DOORS SHALL BE READILY OPENABLE FROM THE EGRESS SIDE 1-41THIOUT THE USE of A KEY OR SPECIAL KNOWLEDGE OR EFFORT". 65CTIoN 1010.1.9. #'PROVIDE A SIGN ON OR NEAR THE EXIT DOOR, READING THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE 15 OCCUPIED." *ALL DOORS WITHIN THE EXIT PATH TO A PUBLIC NAY FROM AN OCCUPANCY OF GROUP E HAVING AN OCCUPANT LOAD OF 50 OR MORE SHALL NOT B5 PROVIDED WITH LATCHES OR LOCKS UNLESS THEY ARE EOUIPPEp WITH PANIC HARDWARE. SEC. 1010.1.10 4 10.10.2, 3. SECTION 1008.1.9.3 CDC LOCK AND LATG-IE8 IN BUILDING IN OCCUPANCY GROUP A HAVING AN OCCUPANCY LOAD OF 300 OR LEa6, GROUPS B, F, M, AND 8, AND IN PLACES OF RELIGIOUS WORKSHIP, THE MAIN EXTERIOR DOOR AND DOORS ARE PERMITTED TO BE EQUIPPED WITN KEY -OPERATED LOCKIN4 DEVICES FROM THE EGRESS SIDE PROVIDED. a. THE LOCKING DEVICE 19 READILY 0ISTINGUIBHABLE AS LOCKED. b. A READILY VISIBLE DURABLE SIGN IS POSTED ON THE EGRESS SIDE ON OR ADJACENT TO THE DOOR STATING, 'THIS DOOR TO REMAIN UNLOCKED WHEN DUILDINO le OCCUPIED". 21 THE SIGN SHALL BE IN LETTERS 1 INCH <28 mn) HIGH ON A CC•YRASTING BACKGROUND. Existing Floor Plan SCALE' 1/4" -1'-0" • • 9oteMez6tteJltec4 t OI /CV:La l7l� PRQJECT" %ataate T,tfrrovemte te4 ptajot aetwo E ADDRe 1727 Sweetwater Road National City, Ca. 91950 BULDNG DATA* APN; 663-161-74-00 SOUARE FOOTAa6 3738. sf. lea"eee end ftevl40,8 No. Data levee end R08I4ane 10/02A1 Prehminary Do.gn 03/I1/2018 Contractor Set 04/09/2018 City CorractIane 05/31/2018 Plan Change 8593 end aylatva 45*4 Nam. Lourdes No. 4 Prded No, 8200f1 Data 10/02/I1 Cad Fla, DeeabBarr Sheet No. r&I • 340 of 362 • • • • • • 1 41 KEY NOTES O EXISTING DECK 0 NOT USED 0TACTILE EXIT SIGNS COMPLYINGWITH SECTION 5 11115.5.I AND IN ACCORDANCE: WITH SECTION 1011. AT THE EXIT DOOR, �y QQ HATER HEATEREBYRHEUEM MOP COMMERCIAL1N- gerrAFI !u e, RECOVERY OF 121 GPM AT 60 F, O SNEEZE GUARD lee SHEET A3-1 DETAIL A) O (E) ELECTRICAL MAIN PANEL O (E) ELECTRICAL SUB PANEL UB EXISTING PIKE ALARM CONTROL PANEL O(E) FIRE EXTINGUISHER, MINIMUM LISTING OF UL A5C 2A-I013c MOUNTED 6'-0" A.P.P. 10 ORDINANCENPER REFLECTED CEIL. CE ILING PLANS Il (E) MAKE UP AIR SUPPLY 2 SHELv1NG FOR CLEANING SUPPLIES (SOAP, • CLEANSERS WAXES, ETC) AND TOXIC 6U56TANGES. OGRADE LEVEL EXTERIOR EXIT DOOR SHALL 6E IDENTIFIED 5Y TACTILE SIGN WITH WORD EXIT. 14 FRP ON WALL UP TO 8'-0' F.F.F. IB FRP ON WALL UP TO 36" P.F.F. m FRP ON WALL UP TO 4'-0' F.F.F. EXISTING DOOR TO 5E REPLACE WITH A NEW 3LONS'-8" le 8" HIGH STAINLESS STEEL SPLASHGUARD WITH SMOOTH ROUND EDGE 19 GREASE TRAP SAMPLE BOX GENERAL NOTES I.- STATE HEALTH # SAFETY corm SEC. 11921.9 5ANS THE USE OF CHLORINATED POLYVINYL CHLORIDE ?cFvc) FOR INTERIOR WATER SUPPLY PIPING •2.- INSTALLATION OF SMOKE DETECTORS WILL U+IITH U6C ( BEG, 310.9 ) 3.-.PERMANENT VACUUM BREAKERS SHALL BE INCLUDED WITH ALL NEW HOSE 51B19S DOOR PER DOOR SCHEDULE WINDOW PER SCHEDULE •n IF ALL PER LEGEND I 100 I ROOM NUMBER PER FINISH SCHEDULE. • WALL TYPE WALL LEGEND 3 5/8' METAL STUDS • 24" o.c. • 6" METAL STUDS • 24" c.c. Cc NOT USED EXISTING WALL TO REMAIN WALL TYPE WALL LEGEND Emma EXISTING I HR. DEMISINCs WALL MEEK NEN METAL STUD WALL PER WALL LEGEND HARDWARE NOTE* I. SECTION 1008.1.2 MC THE OPENING FORCE FOR INTERIOR SIDE -SWINGING DOORS WITHOUT CLOSERS SHALL NOT EXCEED A 8-POUND (22 N) FORCE. FOR OTHER 81DE-SWINGING, SLIDING, AND FOLDING DOORS, THE DOOR LATCH SHALL RELEASE WHEN BU8JECTED TO A 15-POUND (61 N) FORCE. THE DOOR SHALL BE SET 84 MOTION WHEN SUBJECTED TO A 30-POUND (133 N) FORGE. THE DOOR SHALL SING To A PULL -OPEN POSITION WHEN 8UIEJEGTED TO A 15-POUND (61 N) FORCE. FORCES SHALL 13E APPLIED TO THE LATCH SIDE. HARDWARE HEIGHT. DOORS HANDLES, PULLS, LATCHES, LOCKS AND OTHER OPERATING DEvICE9 SHALL 135 INSTALLED 34 INCHES (864 min) MINIMUM AND 49 INCHES (1219 mm)MAXIMUM ABOVE THE F1NI8H£D FLOOR. LOCKS USED ONLY FOR SECURITY PURPOSES AND NOT USED FOR N0WAL OPERATION ARE PERMITTED AT ANY HEIGHT. 8'-8 1/2" 28'-2 3/S" 1'-10 1/2" (E) 5"-0" X 4"-0' W (E) S"-0" X 4'-0' W (E) (E) S _0' S'_m" X X 4'-0" 14 _ , •_0' OFFICE 2 OD ELOOM AL 28'-2 1/5" O�CE3 11'-10 I/2" 101 11'-9 3/S" (E) X O' • _0' munimisomr OFFICE 4 .••••M 13(5) 4'-0" r 3'-0" W PHARMACY & BIOLOGY LAB IT-1 3/4" (E) 4,-0" X 5'-m" (E) 4'-0" X 5' -0" VI 3. SECTION K008.1.9.3 CDC LOCK AND LATCHES IN BUILDING IN OCCUPANCY GROUP A HAVING AN OCCUPANCY LOAD OF 300 OR LESS, GROUPS B, P, M, AND S, AND IN PLACES CH RELIGIOUS WORKSINP, THE MAIN EXTERIOR DOOR AND DOORS ARE F£RMITTED TO BE EQUIPPED WITH KEY -OPERATED LOCKING DEVICES FROM THE EGRESS SIDE PROVIDED. a. THE LOCKING DEVICE IS READILY DISTINGUISHABLE AS LOCKED. b. A READILY VISIBLE DURABLE SIGN IS POSTED ON THE EGRESS BIDE ON OR ADJACENT TO THE D0012 STATING. 'THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING IS OCCUPIED". THE SIGN SHALL BE IN LETTERS I INCH (25 mm) HIGH ON A CONTRASTING BACKGROUND. COMPUTER LAB LIBRARY O • Fin( all Floor/ Ground 0'-6.5 CLASSROOM V (E) (E) 4'-0" 4'-0" E) X 5'-0" IN W CLASSROOM (E) 3'-0" X 1'-0" I I m (E) 4'-0" X 5'-4" W (E) 0'-10" X 6'-8" W CD C4 8'-8 3/4" 8'-11" CM OFFICE 1 • • (E) 2,-5" X 5'-4" (E) 3,_5„ X 5'-4" Proposed Floor Plan (r0 SCALE: i14' -1'-0' 3/8 min 3/5 min • _/ ottIIm' e�Luceut 94 A�q= eo ey���m__t``a�s__da 2lido teineR, PROJEC7ti ?mutt Tos r eauelteottd Reued dot a otetu eaeeege ADDRESS 1727 Sweetwater Road Nallonal City, Ca, 91950 EULDNQ DATA: APN: 563-161-74-00 SQUARE FOOTAGE 3738, sf, Mean end fleYWOne Na Dale Nam end IMvldum 10/02/11 Preliminary Dsaran 0341/2018 Contractor est 04/09/2018 Clty Carraat1one n 05/31/2018 Plan Gang. Blow .d&Pmhrs Fraleal Nsms Loerdse No. 4 Prgxt Na 520011 Oaix 10/02/11 Cad Flo Dseablbb lymet No. AL-2— • L_ •. • 22 • • 341 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 342 The following page(s) contain the backup material for Agenda Item: Time Extension Request - Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File No. 2016-23 S) (Planning Division) Please scroll down to view the backup material. 342 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: jTime Extension Request — Tentative Subdivision Map for a mixed -use condominium project to be located at 341 East 30th Street. (Applicant: Raintree Residential, LLC) (Case File 2016-23 S) PREPARED BY: Martin Reeder, AICPI DEPARTMENT: IP ng Division APPROVED BY• PHONE: 619-336-4313 EXPLANATION: rfhe project site is at the northwest corner of East 30th Street and "D" Avenue. The property was approved for a mixed -use condominium project, consisting of 12 residential units and five commercial units with 19 on -site parking spaces, in June of 2017. ( All Tentative Subdivision Maps are approved with an expiration date of two years from approval unless a time extension has been granted. No Final Map has been recorded for the approved project; therefore the Tentative Subdivision Map would have expired on June 6, 2019 unless this extension was requested. The Subdivision Ordinance allows applicants to request up to three time extensions for a total of 36 months. The owner is requesting a three year extension of the Tentative Subdivision Map. The applicant has stated that building permits will be submitted within six months and the expected time of completion of the project will be in approximately two years. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: That Tentative Subdivision Map 2016-23 S be extended for three years to June 6, 2022 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. City Council Resolution 2017-97 2. Overhead 3. Applicant's letter of time extension request 1343 of 3621 RESOLUTION NO. 2017 — 94 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROViNG A TENTATIVE SUBDIVISION MAP FOR A fvliXED-USE CUNDUMINIUM PROJECT TO BE LOCATED AT 341 EAST 30T1' STREET (CASE FILE NO. 2016-23 S; APN: 562-190-32) WHEREAS, the City Council of the City of National City considered a Tentative Subdivision Map for a Mixed -Use Condominium Project to be located at 341 East 30TH Street at a duly advertised public hearing held on June 6, 2017, 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. 2016-23 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 June 6, 2017, support the following findings: FINDINGS FOR APPROVAL OF THE TENTATIVE PARCEL 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 floor area maximums; provides additional home and business ownership opportunities, consistent with the General Plan and Housing Element, and meets all requuir'ements of the Subdivision Ordinance (Title 17 of the National City Municipal Code), including minimum lot size and dimension, 2. The site is physically suitable for the proposed type of development, because the 12,500 square -foot lot can accommodate the requested number of units within the limits for density and floor area 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 41 units per acre, is less than the 48 units per acre allowed in the Minor Mixed -Use Corridor (IViXC-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 there is no natural habitat in the area or bodies of water present on - cite. In addition, the property is surrounded by urban development and is currently developed with a residential use. ATTACHMENT 1 344 of 362 Resolution No. 2017 — 94 June 6, 2017 Page Two 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 developed and surrounded by existing residential developments. In addition, the land use and zoning designations allow for the density requested, which was analyzed as part of the environmental document associated with the most recent land use update. 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 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 and/or upgrade to 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, because the project will provide eleven 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 existing property is already developed and the site is surrounded by existing residential development. All new construction proposed in the future wiii be in compiiance with the California Building Code, w'nich takes such factors in to consideration. 10. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 32 Section 15332 (In - Fill Development Projects), for which a Notice of Exemption will be filed subsequent to approval of this Tentative Subdivision Map. 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 12-unit mixed -use condominium project located at 341 East 30th Street. Except as required by conditions of approval, all pians Ll jUI 1llpermits for ��IIiIIL5 associated with ii the project shall cuilrciiit to Exhibits AI cvi$cu and B-Revised, Case File No. 2016-23 S, dated March 16, 2017). 2 345 of 362 Resolution No. 2017 — 94 June 6, 2017 Page Three 2. Before this Tentative Subdivision Map shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the 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 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. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk. 4. Approval of the tentative 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 Section 17.04.070. Building 5. Plans submitted for improvements must comply with the current editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Engineering 6. A Hydrology study (100 year flood) is required tor me 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. 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 SUSiviP shaii be prepared by a Registered Civil Engineer. 3 346 of 362 Resolution No. 2017 - 94 June 6, 2017 Page Four 8. 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. 9. 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. 10. 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 he 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. 11. 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. 12. 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 Gity'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 +vanagement Practices for the maintenance of the parking i\iI t lot, including sampling, monitoring, and cleaning Ig v1 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. 13. All existing and proposed curb inlet on property shall .be provided with a "No Dumping" signage in accordance with the NPDES program. 14. 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. 15. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and iprovn oiW. The plans shall bein accordance with City requirements. 4 347 of 362 Resolution No. 2017 94 June 6, 2017 Page Five 16. 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. over4 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. 17. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced. 16. The existing pedestrian ramp on the northwest corner at the intersection of D Avenue and 30'h Street shall be removed and replaced with standard ramp complying with the ADA requirements and the Regional Standard Drawings. 19. 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. 20. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown an 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. 21. 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. 22. 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. 23. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 24. All new dwellings are subject to a Transportation Development Impact Fee. This includes new homes, condos, and apartments. 25. All electrical, telephone, and similar distribution service wires for the new structure(s) shall be placed underground. 26. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wail work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the 5 348 of 362 Resolution No. 2017 — 94 June 6,2017 Page Six 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. 27. 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. 28. 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. 29. 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. 30. Separate water and sewer laterals shall be provided to each lot/parcel. 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 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 shaft be set on private property, unless otherwise approved. l hP parcel map/final map shall use the California Coordinate System fnr its "Basis of Bearings" and express ail 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 Califomia Fire Code (CFC) and National Fire Protection Association (NFPA). 37. Fire Sprinkler, Fire Alarm, Fire Protection Systems, and Fire Underground plans are to be directly submitted to the National City Fire Department under separate permit for review and permitting. Fees along with 3 sets of plans including all "Cut Sheets and Calculations" shall be included upon submittal_ Plan review shall be a 30-day plan review process or 21 working days. A fire department connection will he required fnr this site. 6 349 of 362 Resolution No. 2017 -- 94 June 6, 2017 Page Seven 38. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system. An annunciator panel will be required Planning 40. No plans for construction shall be approved until East 30th Street has been restriped and the red curbing along the property frontage removed to the satisfaction of the City Engineer. A minimum of one on -site parking space shall be dedicated to commercial customers and shall be accessible to those with disabilities. 41. Ail future signage for the commercial units (live/work) shall be in compliance with Chapter 18.47 of the National City Municipal Code. 42. The landscape plan submitted for grading and/or construction shall meet all regulations contained in Chapter 18.44, including all required street trees. 43. 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 four 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 rnaintenarice provisioris will be sufficient to cover all contemplated costs. AA A corporation, association, property owners' group, or similar entity sha!l 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 shale include compulsory membership of all owners and flexibility of assessments to meet changing costs of maintenance, repairs and services. Sweetwater Author[i 45_ Fire Service, water meter, and valve placement locations and design shall comply with the Authority's minimum required clearances. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. Thetime within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. [Signature Page to Follow] 7 350 of 362 Resolution No. 2017 — 94 June 6,2017 Page Eight ATTEST: PASSED and ADOPTED this 6th day of June, 2017. MiqJ41/4LIL el R. Dal,y Clerk APPROVED AS TO FORM: City Attorney Morrison, Mayor 8 351 of 362 Passed and adopted by the Council of the City of National City, California, on June 6, 2017 by the following vote, to -wit: Ayes: Councilnrembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2017-94 of the City of National City, California, passed and adopted by the Council of said City on June 6, 2017. w1� City Ierk of the City National City, California By: Deputy 9 352 of 362 2019-13 TE (2016-23 S) — 341 East 30th Street — Overhead ATTACHMENT 2 10 353 of 362 RAINTREE RESIDENTIAL LLC 6815 FLANDERS DR. #240 SAN DIEGO CA 92121 June 13, 2019 To: City of National City c/o Martin Reeder -Planning Department From: Michael Kootchick— Manager Raintree Residential LLC Re: Tentative Map Extension Request Pursuant to National City municipal code 17.04.070, we would like to formally request a three year extension on the approved tentative parcel map for case file 2016-23 S, parcel number 562-190-32. (A copy of the approved resolution document is attached) With the approved extension we fully plan on moving forward and completing the project as previously approved. Our current timeline has our construction documents and final parcel map submitted for approval within 6 months of today's date and the project built and completed within two years. If you have any question on concerns, please feel free to contact me anytime at 619-804-3417 or by email at mkPlanshirehousing.com. Sincerly, � r Michael Kootchick 11 354 of 362 RAINTREE RESIDENTIAL LLC 6815 FLANDERS DR. #240 SAN DIEGO CA 92121 June 13, 2019 To: City of National City c/o Martin Reeder -Planning Department From: Michael Kootchick — Manager Raintree Residential LLC Re: Tentative Map Extension Request Pursuant to National City municipal code 17.04.070, we would like to formally request a three year extension on the approved tentative parcel map for case file 2016-23 S, parcel number 562-190-32. (A copy of the approved resolution document is attached) With the approved extension we fully plan on moving forward and completing the project as previously approved. Our current timeline has our construction documents and final parcel map submitted for approval within 6 months of today's date and the project built and completed within two years. If you have any question on concerns, please feel free to contact me anytime at 619-804-3417 or by email at mk@lanshirehousing.com. Sinceely, Michael Kootchick ATTACHMENT 3 12 355 of 362 CC/CDC-HA Agenda 8/6/2019 — Page 356 The following page(s) contain the backup material for Agenda Item: A Request to Initiate a Street Vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) (Planning) Please scroll down to view the backup material. 356 of 362 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 6, 2019 AGENDA ITEM NO. ITEM TITLE: A Request to Initiate a Street Vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) PREPARED BY: Martin Reeder, AICP DEPARTMENT: PHONE: 619-336-4313 APPROVED Division. EXPLANATION: The applicant has proposed to vacate a small portion of the easterly half of the alley in this location in order to locate a new electrical transformer. This portion of alley is approximately mid -block between East 11th and 12th Streets. The northerly 150 feet of alley was vacated in 2013 as part of an approved multi -unit residential project. Staff has suggested that the remaining alley be vacated in that it no longer serves a public purpose; therefore, this initiation is for the remaining 100 feet of alley north of East 12th Street. The applicant has paid a fee and is requesting that the City Council initiate the street vacation. If initiated, the Planning Commission would subsequently hold a hearing to consider the conformity of the proposed vacation with the General Plan. The City Council would then hold a public hearing to consider the Planning Commission's determination of conformity along with staff's report and recommendation and any evidence offered by interested persons at the hearing. The attached background report describes the request in detail. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/Aj ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends that the City Council initiate the street vacation. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: '1. Background report 2. Overhead 3. Site Photos 4. Utility plan �c7 of 1 BACKGROUND REPORT The applicant has proposed to vacate a small portion of the easterly half of the alley in this location in order to locate a new electrical transformer. This portion of alley is approximately mid -block between East 11th and 12th Streets. The northerly 150 feet of alley was vacated in 2013 as part of an approved multi -unit residential project. The current approved plans are for 131 affordable units, for which building plans are being processed. There is an existing electrical transformer located on East 11th Street, from which an electrical line services the Enterprise Rent-A-Car property via the now -vacated northerly 150 feet of alley. In order to build the approved affordable housing project, the electrical transformer and associated conduit will need to be relocated. Current City policy requires that all electrical transformers serving non-public uses be located on private property. The applicant has been working with the owners of the Enterprise Rent-A-Car property to relocate the transformer, but the owners do not wish to participate, even though the applicant has offered to pay all costs associated with relocation and installation. In order to allow the project to move forward, the applicant has worked with City staff on a solution for relocation of the electrical service. It was originally suggested that a small portion of the alley be vacated so that a new transformer may be installed. The easterly half of the alley would become part of the applicant's property and they have agreed to allow an easement for electrical service to be provided to the Enterprise property from the transformer, which would be located on their property. While this is not a normal scenario, the applicant cannot build the project without relocation of the electrical service. Construction of the affordable housing project would meet several City General Plan and Housing Element policies, especially with regard to affordable housing. Seeing that the northerly 150 feet of alley has already been vacated, the remaining alley no longer serves any public purpose. Therefore, staff is suggesting that the remaining alley be vacated. If this occurs, the easterly half of the alley would revert to the underlying property belonging to the applicant, and the westerly half to the owner of the Enterprise -Rent-A-Car property. The applicant has stated that if the remaining alley were to be vacated, that they would guarantee continued vehicular access to the rear of the Enterprise property. The area housing the proposed new transformer and associated access would remain on the applicant's property. The applicant has paid a fee and is requesting that the City Council initiate the street vacation. If initiated, the Planning Commission would subsequently hold a hearing to consider the conformity of the proposed vacation with the General Plan. The City Council would then hold a public hearing to consider the Planning Commission's determination of conformity along with staff's report and recommendation and any evidence offered by interested persons at the hearing. The street segment proposed to be vacated is an undeveloped ("paper") street and is not designated as a road or street in the Circulation Element of the General Plan. Attachment 1 358 of 362 2019-18 SC — Alley vacation north of East 12th Street — Overhead Alley vacated in 2013 (northerly 150 feet) Area of alley proposed to be vacated (southerly 100 feet) Attachment 2 359 of 362 2019-18 SC — Alley vacation north of East 12th Street — Site photos Alley looking north from East 12th Street Attachment 3 3 Alley looking south from mid -block 360 of 362 Approximate location of new transformer and access clearance area 4 361 of 362 ti lueWgOeTIV t L n i-• n - r . T ._.,r.... tw. r e +Y14:CM1i fa:w•i....0 Transformer to be relocated 36=C1UA� �!4:L I 1r,� a�+rea M1.11.1M..rUP .7)66 I 4Liv7.•.t.: r41CWIEG i tt EttCy 50.4:E '_�ri rtffrta. 6411.66CA , ...' LV Ik.lix 1.�• EL h•-- .... k... v+o ..--y.. New transformer : rH .T-•EET ---n .k . fie• 'tP: esamm. ® 5,14 362 of 362