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Agenda Packet 09-03-19 CC HA - MISSING 1 RESOLUTION
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI7ny INCORPORATED 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, SEPTEMBER 3, 2019 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are 1 of 199 CC/CDC-HA Agenda 9/3/2019 — 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 199 CC/CDC-HA Agenda 9/3/2019 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES AWARDS AND RECOGNITIONS PRESENTATIONS 1. SDSU CRS and Brightside Update 2. Healthy Cities Healthy Residents Grant Conclusion INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City, 1) accepting the work performed by DBX, Inc. for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06; 2) approving the final contract amount of $615,516.46; 3) ratifying the release of retention in the amount of $30,775.82; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 5. Resolution of the City Council of the City of National City, 1) accepting the work performed by DBX, Inc. for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) approving the final contract amount of $239,339.92; 3) ratifying the release of retention in the 3 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 4 amount of $11,967; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) 6. National City Sales Tax Update - First Quarter 2019. (Finance) 7. Warrant Register #3 for the period of 7/10/19 through 7/16/19 in the amount of $1,713,863.63. (Finance) 8. Warrant Register #4 for the period of 7/17/19 through 7/23/19 in the amount of $1,325,761.10. (Finance) 9. Warrant Register #5 for the period of 7/24/19 through 7/30/19 in the amount of $9,244,838.85. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 10. Public Hearing and Adoption of a Resolution approving 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) (Planning) 11. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City adding Chapter 8.38 of the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits. (City Attorney) 12. Public Hearing, as required by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), and the Adoption of a Resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City and not to exceed $72,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 268-unit multifamily rental housing project located at 817 Eta Street in National City. (Housing Authority) NON CONSENT RESOLUTIONS 13. Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the amount of $2,330,869.70 for the Paradise Creek Park Expansion Project, CIP No. 18-16; 2) authorizing a 15% contingency in the amount of $349,630.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City reducing the property tax rate for the Library General Obligation Bonds for fiscal year 4 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 5 2020 from 0.73 cent per $100 of assessed valuation to 0.67 cent. (Finance) NEW BUSINESS 15. Notice of Decision - Planning Commission approval of a Conditional Use Permit for the on -site sale of beer and wine at a new restaurant (Vons Chicken) located at 811 "K" Avenue. (Applicant: Wing & Wo LLC/ Steve Rawlings) (Case File 2019-15 CUP) (Planning) 16. Notice of Decision - Planning Commission approval of a Conditional Use Permit for a baseball academy to be located at 220 W. 25th Street. (Applicant: Jose Luis Espinoza) (Case File 2019-17 CUP) (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 17. Police Hot Team Presentation. (Police) 18. Update on Community Choice Aggregates (CCAs). (Engineering/Public Works) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Strategic Planning Workshop - Tuesday - September 17, 2019 - 4:00 p.m. - Council Chambers - National City, California. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - September 17, 2019 - 6:00 p.m. - Council Chambers - National City, California. 5 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 6 6 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 7 The following page(s) contain the backup material for Agenda Item: SDSU CRS and Brightside Update Please scroll down to view the backup material. 7 of 199 Item # 09/03/19 SDSU CRS AND BRIGHTSIDE UPDATE 8 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 9 The following page(s) contain the backup material for Agenda Item: Healthy Cities Healthy Residents Grant Conclusion Please scroll down to view the backup material. 9 of 199 Item # 09/03/19 HEALTHY CITIES HEALTHY RESIDENTS GRANT CONCLUSION 10 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 11 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 or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 11 of 199 Item # 09/03/19 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOULTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 12 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 13 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting the work performed by DBX, Inc. for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06; 2) approving the final contract amount of $615,516.46; 3) ratifying the release of retention in the amount of $30,775.82; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 13 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by DBX, Inc. for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06; 2) approving the final contract amount of $615,516.46; 3) ratifying the release of retention in the amount of $30,775.82; and 4) authorizing the Mayor to si..1 the Notice of Completion for the project. PREPARED BY: Jose Lope PHONE: 619-336-4312 EXPLANATION: See attached. , Associate Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A Finance MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by DBX, Inc. for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06 and approving the final contract amount of $615,516.46. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 14 of 199 EXPLANATION The Fiber Optic Traffic Signal Interconnect Expansion Project installed a fiber optic interconnect system along the following four corridors: • National City Blvd between E. 1st Street and E. 30th Street • E. Plaza Blvd between National City Blvd and S. Harbison Avenue • Euclid Avenue between E. Plaza Blvd and E. 24th Street • E. 30th Street/Sweetwater Road between National City Blvd and Plaza Bonita Center Way The majority of the installations occurred within existing conduit. The project also upgraded the existing communications infrastructure equipment with new switches, fiber patch panels, battery back-up systems, fiber splice enclosures, etc. In addition, the project installed GPS emergency vehicle pre-emption systems at three signalized intersections along the Euclid Avenue corridor. On April 17, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 19, 2018 and April 26, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018, four (4) bids were received by the 2:30 p.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 14, 2018. DBX, Inc. was the apparent lowest bidder with a total bid amount of $584,676 as the basis of award. DBX, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, DBX, Inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. On June 19, 2018, the City Council adopted Resolution No. 2018-97 awarding the contract to DBX, Inc., in the not -to -exceed amount of $584,676. The Notice to Proceed with construction was issued on July 9, 2018. Construction started on September 24, 2018 and was completed on March 29, 2019. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $22,028.96, and line item adjustments increased the contract by $8,811.50 for a net increase of $30,840.46 to the contract. This results in a 5.2% contract increase for a final contract balance of $615,516.46. 15 of 199 As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of DBX, Inc., for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06; 2) approve the final contract amount of $615,516.46; 3) ratify the release of retention in the amount of $30,775.82; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 16 of 199 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on April 1, 2019 of the: Fiber Optic Traffic Interconnect Expansion, CIP No. 18-06 Work of improvement or portion of work of improvement under construction or alteration. Various Locations in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with DBX, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: Installation of new fiber optic wires, new traffic signal equipment, installation of conduits Materials: conduits, signal & communication gear and equipment General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: September 3, 2019; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true airy own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on September 3, 2019 at, National City, California. Signature: ALEJANDRA SOTELO-SOLIS, MAYOR 17 of 199 FINAL CONTRACT BALANCE DATE: August 20, 2019 PROJECT: FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION FY 18-19 CIP No. 18-06 TO: DBX, Inc. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENSION OF WORK DAYS: TOTAL CONTRACT TIME: FINAL CONTRACT AMOUNT: DESCRIPTION: $584,676.00 SEPTEMBER 24, 2018 MARCH 29, 2019 120 Working Days 50 Working Days 170 Working Days $ 615,516.46 The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 provided the time and materials to locate a buried existing fiber optic pull box, raise to final grade and repair sidewalk panels. This Change Order total amount is $7,043.86. Change Order #2 provided the procurement of plenum cable per STC Engineering's change in design. This Change Order included the cost associated with the purchasing of the specified plenum cable. This Change Order total amount is $4,543.71. Change Order #3 provided additional field splices and connection in twelve locations among seven intersections along Euclid Avenue. This Change Order included the cost of additional labor of performing the field splices. This Change Order total amount is $3,903.90. Change Order #4 provided additional field splices and connection using the remaining unused plenum cable purchased for this project. This Change Order included the cost of additional labor of performing the field splices. This Change Order total amount is $6,537.49. 18 of 199 FINAL CONTRACT BALANCE FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION CIP No. 18-06 All Change Orders listed above increased the total contract amount $22,028.96. Numerous contract line item adjustments resulted in a total increase of $ 8,811.50. Including change orders and line item adjustments, the total contract resulted in an increase of $30,840.46. CONTRACT ADJUSTMENT: As a result of the above change orders and fine item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $615,516.46. 2. As a result of the satisfactory completion of said project, a retention amount of $30,775.82 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. DBX, Inc. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 19 of 199 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING THE WORK PERFORMED BY DBX, INC. FOR THE FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION PROJECT, CIP NO. 18-06; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $615,516.46; 3) RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $30,775.82; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by DBX, Inc., for the total final contract amount of $615,516.46, for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06 has been completed, the City Council of National City hereby accepts said work, ratifies the release of the retention in the amount of $30,775.82, authorizes the Mayor to execute the Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 3rd day of September, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 20 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 21 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting the work performed by DBX, Inc. for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) approving the final contract amount of $239,339.92; 3) ratifying the release of retention in the amount of $11,967; and 4) authorizing the Mayor to sign the Notice of Completion for the project. (Engineering/Public Works) Please scroll down to view the backup material. 21 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) accepting the work performed by DBX, Inc. for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) approving the final contract amount of $239,339.92; 3) ratifying the release of retention in the amount of $11,967; and 4) authorizing the f:yor to sign the Notice of Completion for the project. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. ssociate Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A Finance MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: FINAL ADOPTION: ri STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by DBX, Inc. for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04 and approving the final contract amount of $239,339.92. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 22 of 199 EXPLANATION The Highland Avenue and E. 28th Street Traffic Signal Improvements Project installed a new traffic signal with protected left -turn phasing next to Sweetwater High School, Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, fiber communications infrastructure, and other traffic signal equipment. On April 12, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 16, 2018 and April 23, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018 five (5) bids were received by the 2:00 p.m. deadline, opened and pub- licly disclosed. Bid results were available by the end of the business day, May 14, 2018. DBX, Inc. was the apparent lowest bidder with a total bid amount of $239,279 as the basis of award. DBX, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, DBX, Inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. On June 19, 2018, the City Council adopted Resolution No. 2018-95 awarding the contract to DBX, Inc., in the not -to -exceed amount of $239,279. The Notice to Proceed with construction was issued on July 9, 2018. Construction started on October 9, 2018 and was completed on February 1, 2019. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $2,230.92, and line item ad- justments decreased the contract by $2,170.00 for a net increase of $60.92 to the contract. This results in a .02% contract increase for a final contract balance of $239,339.92. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of DBX, Inc., for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) approve the final contract amount of $239,339.92; 3) ratify the release of retention in the amount of $11,967.00; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 23 of 199 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: C1TY OF NATIONAL C1TY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on February 4, 2019 of the: Highland Ave & E.28th St Traffic Signal Improvements, CIP No. 18-04 Work of improvement or portion of work of improvement under construction or alteration. Highland Ave & E.28th St. National City CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with DEX, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: General labor, traffic signal installation, asphalt concrete lay. Materials: Concrete, asphalt, traffic control supplies, traffic signal equipment. Equipment: paving equipment, installation equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: September 3, 2019; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City Blvd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. 1 declare under penalty of perjury that the forgoing is true and correct. Executed on September 3, 2019 at, National City, California. Signature: ALEJANDRA SOTELO-SOLIS, MAYOR 24 of 199 FINAL CONTRACT BALANCE DATE: August 20, 2019 PROJECT: HIGHLAND AVENUE AND E. 28TH STREET TRAFFIC SIGNAL IMPROVEMENTS FY 18-19 CIP No. 18-04 TO: DBX, inc. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENSION OF WORKING DAYS: TOTAL CONTRACT TIME: FINAL CONTRACT AMOUNT: DESCRIPTION: $ 239,279 OCTOBER 9, 2018 FEBRUARY 1, 2019 80 Working Days 60 Working Days 140 Working Days $239,339.92 The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 provided the repairs for concrete sidewalk panels due to ADA requirements located at the North East and South East corners of Highland Avenue. Change Order total amount is $2,230.92. Change Order #2 provided for a no cost time adjustment due to unforeseen manufacturer delays on traffic signal materials and equipment. Change Order total amount is $0.00. All Change Orders listed above increased the total contract amount $2,230.92. Numerous contract line item adjustments resulted in a total decrease of $ 2,170. Including change orders and line item adjustments, the total contract resulted in an increase of $60.92. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $239,339.92. 25 of 199 FINAL CONTRACT BALANCE HIGHLAND AVE & E.28th ST TRAFFIC SIGNAL IMPROVEMENTS CIP No. 18-04 2. As a result of the satisfactory completion of said project, a retention amount of $11,967.00 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. DBX, Inc. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 26 of 199 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING THE WORK PERFORMED BY DBX, INC. FOR THE HIGHLAND AVENUE AND E. 28TH STREET TRAFFIC SIGNAL IMPROVEMENTS PROJECT, CIP NO. 18-04; 2) APPROVING THE FINAL CONTRACT AMOUNT OF $239,339.92; 3) RATIFYING THE RELEASE OF RETENTION IN THE AMOUNT OF $11,967; AND 4) AUTHORIZING THE MAYOR TO SIGN THE NOTICE OF COMPLETION FOR THE PROJECT NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City as follows: It appearing to the satisfaction of the Engineering Department that all work required to be done by DBX, INC., for the total final contract amount of $239,339.92, for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP NO. 18-04 has been completed, the City Council of National City hereby accepts said work, ratifies the release of the retention in the amount of $11,967.00, authorizes the Mayor to execute the Notice of Completion, and orders that payment for said work be made in accordance with said contract. PASSED and ADOPTED this 3rd day of September, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 27 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 28 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update - First Quarter 2019. (Finance) Please scroll down to view the backup material. 28 of 199 National City In Brief I'lational City's allocation of sales and use tax from its January through March sales was 12.9% higher than the first quarter of 2018. However, the allocation was inflated by back payments related to the State's prob- lems with its new computer system. Receipts were up 1.0% after these and other accounting anomalies are factored out. Actual gains came primarily from previous additions of new restau- rants and a service station, plus a solid quarter for industrial chemicals and some categories within the au- to -transportation group. These were offset by lower fuel prices, the previ- ous closeout of a major retailer and by weather conditions that were proba- bly responsible for generally soft sales of building -construction supplies and most categories of general consumer goods. Voter approved Measure D add- ed $2.761,963 to the City's totals and was 1.5% lower than the same quarter last year after adjusting for reporting anomalies. A solid quarter for autos and restaurants were off- set by generally soft purchases in other categories. Adjusted for the State's system er- rors and reporting aberrations, sales and use tax receipts for all of San Diego County and the Southern California region rose 0.9% over the comparable time period. CALIFORNIA NATIONAL CITY �. Ac0.111,01 r.o a National City Sales Tax Update Second Quarter Receipts for First ,Quarter Sales (January - March 2019) • 116. SALES TAX BY MAJOR BUSINESS GROUP $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800.000 $600.000 $400,000 $200,000 $o Autos and Transportation r General Consumer Goods County and State Pools TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM Ball Mitsubishi Big Lots Denny's Frank Hyundai Frank Subaru Frank Toyota JC Penney Macys Mor Furniture 4 Less Mossy Nissan National City Gas & Carwash Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC Target USA Gasoline Walmart Supercenter Wescott Mazda Westair Gases & Equipment Restaurants and Hotels Business and Industry 1st Quarter 2018 ■ 1stQuarter2019 ■ r � Fuel and Service Stations Building and Construction Food and Drugs REVENUE COMPARISON Three Quarters — Fiscal Year To Date (Q3 to Q1) 2017-18 2018-19 Point -of -Sale $11,646,602 $12,635,059 County Pool 1,759,101 1,978,098 State Pool 7,420 6,656 Gross Receipts $13,413,123 $14,619,813 Measure D $8,628,162 $9,465,295 Published by HdL Companies in Summer 2019 www.hdlcompanies.com 888.861.0220 Q1 2019 National City Sales Tax Update Statewide Results Local sales and use tax receipts from January through March sales were 1.0% higher than the first quarter of 2018 after factoring out accounting anoma- lies and back payments from previous state reporting shortfalls. This was the lowest percentage increase since first quarter, 2010. The growth came primarily from a solid quarter for purchases related to expanding logistics, medical and tech- nology facilities and modest gains in building -construction supplies and restaurants. Cannabis sales produced a slight uptick in the food -drug group. Lower fuel prices and declining gener- al consumer good purchases offset the gains. The shift to internet purchases continued with online shopping ac- counting for 22.3% of the total general consumer goods segment versus 20.2% one year ago. Tax receipts from new car sales exhibited significant reductions although the drop was partially offset by an upswing in used autos and auto leases. Regional changes ranged from a de- cline of 2.1% to gains as high as 4.4%. However, the differences were primar- ily attributable to onetime projects or capital purchases and not reflective of overall economic trends. Slower Growth Ahead? July marks ten years of continuous economic growth which is the longest period of U.S. economic expansion on record. However, analysts from a vari- ety of economic segments are reporting signs that we may be leveling off. This quarter marked the eighth consecu- tive comparative period decline in Cali- fornia new car registrations with analysts noting that higher prices and a growing supply of vehicles coming off lease are making used cars more attractive. They also note that on -demand services such as Uber and Lyft are making it easier for debt -burdened millennials to avoid buying cars altogether. Rising restaurant menu prices, renewed competition from grocer prepared meals, and cutbacks in foreign tourism appear to be reducing restaurant patron- age which in recent years was one of the state's fastest growth segments. There will be an uptick in the second quar- ter's fuel -related tax receipts because of that period's refinery shutdowns; lower crude oil costs are expected to produce subsequent declines. Uncertainty over U.S. tariff and trade policies plus labor shortages are delaying some investment and business expansion decisions while reduced home sales and two quarters of declining construction permit values suggest a potential future leveling in that sector. Investment in technological advances should continue and remain strong. Economic shifts are not the only fac- tor leveling sales tax revenues. With an economy based on intellectual technol- ogy rather than goods and consumer priorities shifting to non-taxable services and experiences, sales tax no longer re- flects 21st century spending. Each year therefore, the portion of the economy that is taxed, shrinks. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $0 41 16 National City 41 17 County 41 18 41 19 California EVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans. 35% Bus./Ind. 5% Others 11% Cons.Goods 23% Restaurants 12% NATIONAL CITY TOP 15 BUSINESS TYPES *In thousands of dollars Business Type Auto Lease Building Materials Casual Dining Department Stores Discount Dept Stores Drugs/Chemicals Family Apparel Home Furnishings New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel Total All Accounts County & State Pool Allocation Gross Receipts National City Q1 '19* Change - CONFIDENTIAL - - CONFIDENTIAL - County HdL State Change Change na na 6.0% 4.0% 199.2 29.5% 12.1% 13.3% 121.2 32.5% 54.2% 35.0% - CONFIDENTIAL - 0.4% 2.9% 68.0 29.1% -4.3% 5.7% 195.9 -0.8% 6.5% 7.1% 62.0 22.9% 1.0% 3.4% 1,192.1 0.6% 2.0% -1.8% 286.0 28.3% 12.2% 10.1% 197.9 2.7% 22.2% 15.8% 70.9 37.7% 6.3% -0.6% 101.7 28.8% 27.3% 23.4% 128.8 14.5% 7.5% 13.4% 66.9 3.9% 16.2% 6.6% 3,898.6 11.6% 14.8% 13.5/o 658.2 20.8% 24.2% 23.8 /0 4,556.8 12.9% 16.0% 14.9' Pools 14% 30 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — First Quarter 2019 PREPARED BY: Mark Roberts, Finance Director DEPARTMENT: Finance�� PHONE: 619-336-4330 APPROVED BY: LA.44 ,eax, EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the first quarter of fiscal year 2019, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `6/f'7;e/ee APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter - First Quarter 2019 31 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 32 The following page(s) contain the backup material for Agenda Item: Warrant Register #3 for the period of 7/10/19 through 7/16/19 in the amount of $1,713,863.63. (Finance) Please scroll down to view the backup material. 32 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #3 for the period of 7/10/19 through 7/16/19 in the amount of $1,713,863.63. (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 7/10/19 - 7/16/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Geosyntec Consultants 343114 105,869.50 CNC Valley Rd Channel Erosion Project Professional Corp 343136 117,128.70 Paradise Creek Park III San Diego Habitat 343139 51,388.20 HOME CHDO Agreement FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,713,863.63. APPROVED: `a/*/Q % ,2a 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 $1,713,863.63 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 3 33 of 199 CALIFORNIAF__ PAYEE AIR POLLUTION CONTROL DISTRICT AIRGAS USA LLC AZTEC APPLIANCE BACALLAO, I BALBANEDA MARTINEZ, A BAVENCOFF JR, D CALIFORNIA AIR RESOURCES BOARD CDWG CELLEBRITE INC CHEN RYAN ASSOCIATES INC CHILDREN'S HOSPITAL CLEAN HARBORS ENVIRONMENTAL CLEAR WATER TECHNOLOGIES LLC COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL SYSTEMS CSA SAN DIEGO COUNTY DAY WIRELESS SYSTEMS DE PASCALE, A DELGADO, E DELL MARKETING L P DEPARTMENT OF JUSTICE DIMENSION DATA EXPRESS PIPE AND SUPPLY FERGUSON ENTERPRISES 1350 GEOSYNTEC CONSULTANTS INC GRAINGER IDEMIA IDENTITY & SECURITY USA IRON MOUNTAIN JANI-KING OF CALIFORNIA INC JJJ ENTERPRISES KIMLEY HORN KONICA MINOLTA LA JOLLA POOLS INC LASER SAVER INC LIEBERT CASSIDY WHITMORE LOPEZ, TERESA YOLANDA LOZANO, M MICHAEL BAKER INTERNATIONAL MILE HIGH SHOOTING ACCESSORIES MUNICIPAL CODE CORPORATION NATIONAL CITY ELECTRIC NATIONAL EMBLEM INC NV5 INC ORKIN PEST CONTROL PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER # 3 7/16/2019 DESCRIPTION APCD FEES FIRE STA. #31 MOP 45714. SUPPLIES FOR PARKS CITY WIDE APPLIANCE PURCHASES REIMBURSEMENT - TRAINING PARKING KIMBALL SENIOR CENTER STAFF TRIP TRAINING SIMS REIM BAVENCOFF SEWER PUMP REGISTRATION CARB. SAMSUNG UN65RU8000F 8 SERIES 65" TRAINING TUITION CELLEBRITE HSCOTT SWEETWATER ROAD SVCS THRU APR 27, 2019 TRAFFIC MONITORING SYSTEM / ENG CONTRACT SERVICES JUNE 2019 CITYWIDE WATER TREATMENT SERVICES CHEMICAL DELIVERED TO LAS P POOL 6/26/19 CITYWIDE CATCH/SUMP CLEANING, ON -SITE CDBG AGREEMENT: CSA SAN DIEGO COUNTY ANTENNA FOR PORTABLE RADIOS TRAINING REIM FTO UPDATE DEPASCALE REIMB / CONSTANT CONTACT JULY PAYMENT LATITUDE 5290 2-IN-1 INV#10323234406 FINGERPRINT APPS JUNE 2019 NIMBLE SUPPORT CAREPACK CITY WIDE PLUMBING PARTS & MATERIALS MOP 45723 GENERAL SUPPLIES - PW CNC VALLEY RD CHANNEL EROSION MOP 65179 GENERAL SUPPLIES - PW FINGERPRINT SUBMISSIONS JUNE 2019 RECORD MANAGEMENT AND STORAGE FOR FY19 CONTRACTOR TO CLEAN HOLLISTER KITCHEN FIRE AND SECURITY ALARM MONITORING SAFE ROUTES TO SCHOOL PSE COPIER LEASE CHARGES 4 INVOICES REPAIR AND REPLACE AND INSTALL VARIOUS MOP 45725 TONER CARTRIDGE - CASA DE SALUD PROFESSIONAL SERVICES THROUGH 5/31/19 TRANSLATION SERVICES AS NEEDED FOR FY19 TRAINING REIM PRE MTR/LOZANO CONSTRUCTION SUPPORT FOR LAS PALMAS SD SNIPER RIFLES / POLICE MUNICIPAL CODE SUPP 52, UPDATE 2 CITYWIDE ON -SITE ELECTRICAL PATCHES & CHEVRONS / PD SEWER USER SURVEY & TAX ROLL CITYWIDE ONSITE PEST CONTROL SERVICES MOP 45707 GENERAL SUPPLIES - PW PROFESSIONAL SERVICES / MAYOR'S OFFICE PARADISE CREEK PARK III CHK NO 343090 343091 343092 343093 343094 343095 343096 343097 343098 343099 343100 343101 343102 343103 343104 343105 343106 343107 343108 343109 343110 343111 343112 343113 343114 343115 343116 343117 343118 343119 343120 343121 343122 343123 343124 343125 343126 343127 343128 343129 343130 343131 343132 343133 343134 343135 343136 DATE 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 7/16/19 AMOUNT 505.00 306.61 1,699.00 3.00 37.00 437.60 805.00 1,532.12 3,850.00 10,058.50 28,649.83 1,889.38 580.00 4,100.89 2,483.40 2,643.11 13,950.94 92.16 70.00 2,016.76 96.00 47,694.04 1,383.33 1,334.45 105,869.50 1,119.17 6.00 213.21 1,884.40 710.10 30,791.12 9,774.11 10,000.00 434.78 4,001.00 96.60 50.93 3,170.00 8,115.00 499.95 19,785.00 5,070.01 11,538.00 957.00 41.04 5,723.82 117,128.70 1/2 34 of 199 PAYEE PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC SAN DIEGO HABITAT FOR HUMANITY SCST INC SDG&E SHARP ELECTRONICS CORPORATION SITEONE LANDSCAPE SUPPLY LLC SOUTH BAY COMMUNITY SERVICES SOUTH BAY WINDOW & GLASS CO STANICH, C STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SWAGIT PRODUCTION LLC SWEETWATER AUTHORITY THE COUNSELING TEAM U S BANK VERIZON WIRELESS VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WESTERN MOWER & ENGINE WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PAYCHEX BENEFIT TECH INC PAYROLL Pay period Start Date 15 7/2/2019 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER # 3 7/16/2019 DESCRIPTION MOP 45742 LAUNDRY SERVICES - PW POLICE STATION HVAC MOD. POWER HOME CHDO AGREEMENT CITYWIDE TRAFFIC SIGNAL & ADA GAS AND ELECTRIC UTILITIES - PW MAINTENANCE 20 SHARP COPIERS FOR JUNE MOP 69277 LANDSCAPE SUPPLIES - PW HOME AGREEMENT: SOUTH BAY COMMUNITY CITY WIDE AUTOMATIC DOOR TRAINING NLET ON CHILD EXPLT/STANICH MOP 45704 OFFICE SUPPLIES/ENG. MOP #61744/COMPUTER ACCESSORIES/MIS VIDEO MIGRATION/ MIS - JUNE WATER SERVICES FOR PARK FY 2019 EMPLOYEE SUPPORT SERVICES TRAINING EXPENSES / POLICE VERIZON CELLULAR SERVICES FOR JUNE CITY WIDE ON SITE SERVICE REPAIRS MISCELLANEOUS JANITORIAL SUPPLIES GENERATOR FOR DUI CHECK POINT MOP 45723 GENERAL SUPPLIES - PW BENETRAC ESR SVCS BASE FEE JULY 2019 End Date 7/15/2019 Check Date 7/24/2019 CHK NO DATE AMOUNT 343137 7/16/19 59.97 343138 7/16/19 2,466.25 343139 7/16/19 51,388.20 343140 7/16/19 4,269.00 343141 7/16/19 2,852.38 343142 7/16/19 4,025.41 343143 7/16/19 1,264.26 343144 7/16/19 33,712.75 343145 7/16/19 1,499.70 343146 7/16/19 423.53 343147 7/16/19 344.73 343148 7/16/19 914.87 343149 7/16/19 1,920.83 343150 7/16/19 1,738.63 343151 7/16/19 4,850.00 343152 7/16/19 6,039.41 343153 7/16/19 228.40 343154 7/16/19 20,955.62 343155 7/16/19 1,863.96 343156 7/16/19 2,176.54 343157 7/16/19 171.00 A/P Total 606,363.00 791707 7/12/19 522.40 1,106,978.23 GRAND TOTAL $1,713,863.63 2/2 35 of 199 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 3' OF SEPTEMBER 2019. AYES NAYS ABSENT 36 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 37 The following page(s) contain the backup material for Agenda Item: Warrant Register #4 for the period of 7/17/19 through 7/23/19 in the amount of $1,325,761.10. (Finance) Please scroll down to view the backup material. 37 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 ITEM TITLE: Warrant Register #4 for the period of 7/17/19 through 7/23/19 in the amount of $1,325,761.10. (Finance) AGENDA ITEM NO.: 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 7/17/19 - 7/23/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Dell Marketing L P 343191 58,115.83 Dell 24 Ultra 4K Monitor P2415Q Portillo Concrete Inc 343223 70,322.67 Harbison Road Diet Jun 2019 Whillock Contracting 343264 202,632.35 Paradise Creek Park Site Rem. Adminsure 310554 63,229.32 Workers Comp. Replenishment The Bank of NY Mellon 310578 485,579.75 HUD Section 108 Loan Pymnt Jul19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,325,761.10. APPROVED: `-1-177;/G. 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 $1,325,761.10 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 4 38 of 199 CALIFORNIA+�__ PAYEE COUNTY OF SAN DIEGO CSAC EXCESS INS AUTHORITY CSAC EXCESS INS AUTHORITY CSAC EXCESS INS AUTHORITY CSAC EXCESS INS AUTHORITY CSMFO EARTH MANAGEMENT GOVERNMENT FINANCE GUTIERREZ JR MELLADO DESIGNS NOSRAT SDCLEEAA SAN DIEGO COUNTY SAN DIEGO GAS & ELECTRIC ACE UNIFORMS & ACCESSORIES INC ACTIVE NETWORK LLC ADORAMA CAMERA INC AMERICAN PLANNING ASSOCIATION ASSI SECURITY INC AT&T BAKER & TAYLOR BOOT WORLD CALBO CAMACHO, J CIRCULATE SAN DIEGO COUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY DAGUIA, RONALD DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DBX INC DELGADO, E DELL MARKETING L P DEPT OF JUSTICE DISCOUNT SPECIALTY CHEMICALS D-MAX ENGINEERING INC EBSCO INFORMATION SERVICES ERGOMETRICS ESGIL CORPORATION EXPERIAN FON JON PET CARE CENTER GEOSYNTEC CONSULTANTS INC GOVCONNECTION INC GRAINGER GROSSMAN PSYCHOLOGICAL HERNANDEZ, A HOME DEPOT CREDIT SERVICES NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 4 7/23/2019 DESCRIPTION MLK KITCHEN PROJECT EXCESS LIABILITY INSURANCE - PREMIUM PROPERTY INSURANCE EXCESS LIABILITY INSURANCE PROPERTY INSURANCE JOB ADVERTISEMENT - BUDGET ANALYST - FIN T&A1064 10 OSBORN ST JOB ADVERTISEMENT - BUDGET ANALYST - FIN EDUCATIONAL REIMBURSEMENT STAFF UNIFORMS/ NSD REFUND OF T&A 90052 /ENG 2019 EXPLORER ACADEMY - 13 PARTICIPANTS / PD PROPERTY TAX W. 19TH ST. 21 ST. E/O WILSON AVE. UNIFORMS / PD INV 1013835-11107053 SERVICE PACKAGE SKU #ISOA99M2C, SONY ILC A99 II DSLR APA MEMBERSHIP DUES - MARTIN REEDER CITYWIDE DOOR REPAIRS / PW AT&T PHONE SERVICE FY19 BOOKS AS NEEDED FOR FY20 MOP 64096 SAFETY WEARING APPAREL - PW CALBO 2019 - 2020 MEMBERSHIP - LUIS SAINZ TRAINING POST ADV SUB FTO/ CAMACHO INTRA-CONNECT MAIL PROCESSING SERVICES / JUNE 2019 CDBG AGREEMENT: CSA SAN DIEGO COUNTY REIMB: DAGUIA, R RESERVE AWARDS MOP 76986 TIRES FOR CITY FLEET - PW RADIO SERVICES / FIRE - POLICE TRAFFIC SIGNAL HIGHLAND AVE & E 28TH ST REIMB: MISS NATIONAL CITY PODIUM DELL 24 ULTRA 4K MONITOR - P2415Q FINGER PRINTING SORTED TIME MIST SCENTS / PW CALFIRE URBAN FOREST EXPANSION MAY 2019 EBSCO DIGITAL SERVICES RENEWAL - FY20 FIRE ENGINEER PRACTICAL DRIVER OPERATOR ESGIL INSPECTION SERVICES JAN 2019 CREDIT CHECKS / PD KENNEL FEES / PD EMERGENCY RESPONSE SERV. CISCO IP CONFERENCE PHONE 7832 (SMOKE) MOP 65179 GENERAL SUPPLIES - PW PSYCH EXAMS / PD REIMB: KIWANIS MEMBERSHIP / PD SUPPLIES FOR PW CHK NO 343158 343159 343160 343161 343162 343163 343164 343165 343166 343167 343168 343169 343170 343171 343172 343173 343174 343175 343176 343177 343179 343180 343181 343182 343183 343184 343185 343186 343187 343188 343189 343190 343191 343192 343193 343194 343195 343196 343197 343198 343199 343200 343201 343202 343203 343204 343205 DATE 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 AMOUNT 1,263.00 36,754.00 6,238.00 3,249.00 1,600.00 275.00 4,000.00 150.00 1,403.00 418.04 393.92 5,980.00 319.95 6,396.00 54.92 7,620.70 4,212.24 1,041.00 9,575.00 9,317.90 1,170.91 234.86 295.00 780.00 1,937.66 5,714.28 2,159.94 669.75 2,036.50 5,363.75 11,967.00 531.38 58,115.83 937.00 441.32 5,827.71 16,899.00 6,448.36 48,513.74 69.52 325.00 12,161.07 2,253.38 4,314.73 1,950.00 200.00 707.70 1/3 39 of 199 CALIFORNIAF__ PAYEE INNOVATIVE CONSTRUCTION LASER SAVER INC LEAGUE OF CALIFORNIA CITIES LEXIPOL LLC MAN K9 INC MIDWEST TAPE MOTOPORT MOTOROLA SOLUTIONS INC NATIONAL CITY CHAMBER NATIONAL CITY MOTORCYCLES NERI LANDSCAPE ARCHITECTURE NV5 INC OFFICE TEAM PARTS AUTHORITY METRO LLC PE, R PENSKE FORD PET EMERGENCY & SPCIALTY PORTILLO CONCRETE INC PRO BUILD COMPANY PROGRESSIVE SOLUTIONS INC PRUDENTIAL OVERALL SUPPLY QUALITY COUNTS LLC RADY CHILDREN'S HOSPITAL SAN D REEDER, M RELY ENVIRONMENTAL ROGUE FITNESS S D COUNTY SHERIFF'S DEPT S&S WORLDWIDE INC SAINZ, L SAM'S ALIGNMENT SAN DIEGO FIRE PROTECTION SAN DIEGO HYDRAULICS SAN DIEGO UNION TRIBUNE SDG&E SHARP REES STEALY MED GROUP SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COUNTY ECONOMIC SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SUMURI LLC SUN BADGE COMPANY INC SWEETWATER AUTHORITY TECHNOLOGY INTEGRATION GROUP THE BANK OF NEW YORK MELLON THE STAR NEWS NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 4 7/23/2019 DESCRIPTION PARADISE CREEK WATER Q. MOP 04840 TONER PD LOCAL STREETS ASSESSMENT LE IMPLEMENTATION SERVICE CANINE MAINTENANCE / PD AUDIO VISUAL MATERIALS FOR LIBRARY MOTORJACKET / PD RADIOS AND PROGRAMMING / PD GOLF TOURNAMENT FOURSOME, DINNER / CMO LABOR - INSTALL WINDSHIELD, INSTALL PARADISE CREEK PARK ASR-02 SEWER USER SURVEY TEMP SVCS FOR WEEK ENDING 07/05/19 - PW MOP 75943 AUTO SUPPLIES - PW REIMBURSEMENT TRAVEL EXPENSE - RAY PE MOP 49078 AUTO PARTS - PW EMERGENCY VET CARE / PD HARBISON ROAD DIET JUN 2019 MOP 45707 GENERAL SUPPLIES - PW LICENSE AND HARDWARE MAINTENANCE MOP 45742 LAUNDRY SERVICES - PW DIVISION STREET MULTIMODAL COUNTS SEXUAL ABUSE TESTING / PD REIMB FOR EXPENSES - APA CONFERENCE HAZARDOUS WASTE FITNESS BIKE / FIRE SHOOTING TRAINING SUPPLIES FOR CSD REIMB CODE COUNCIL MEMBERSHIP WHEEL ALIGNMENT SERVICE FOR CITY REFUND FOR OVERPAID BUSINESS TAX, ACCT 6 PRESS INSERTS, STEEL BAR / PW ADVERTISE - 3 CIP PROJECTS GAS AND ELECTRIC UTILITIES - PW DMV EXAMS SNAKS FOR CONCESSIONS COMMUNITY SERVICES MOP 63845 BUSINESS CARDS - PW ENG MEMBERSHIP DUES, SPONSORSHIP & OUTREACH INSTALL GRANGER YARD CAMERAS MOP 20468 OFFICE SUPPLIES PD MOP. COMPUTER SUPPLIES / MIS TALINO KA-501 FORENSIC WORKSTATION SUN BADGE CO./VM MORRISON/2019 WATER SERVICES FOR WASTEWATER FY 2019 PANASONIC BATTERY CUSTODIAN FEE PERIOD 04/01/19 TO 06/30/19 PUBLIC NOTICING MAY 2019 CHK NO 343206 343207 343208 343209 343210 343211 343212 343213 343214 343215 343216 343217 343218 343219 343220 343221 343222 343223 343225 343226 343227 343228 343229 343230 343231 343232 343233 343234 343235 343236 343237 343238 343239 343240 343241 343242 343243 343244 343245 343246 343247 343248 343249 343250 343251 343252 343253 DATE 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 7/23/19 AMOUNT 5,510.00 421.73 500.00 826.00 1,040.00 1,237.62 2,735.05 18,202.95 1,000.00 224.00 1,225.00 49, 317.00 744.92 16.68 5.00 1,066.99 230.00 70, 322.67 14,532.38 26,571.44 177.18 4,570.00 1,383.00 690.00 316.25 2,249.03 1,250.00 494.70 315.00 60.00 85.00 347.63 2,077.12 2,121.59 129.00 412.73 184.88 15,000.00 3,842.53 874.92 916.30 15,794.00 148.57 177.98 402.38 300.00 945.57 2/3 40 of 199 CALIFORNIAF__ PAYEE T'S & SIGNS TURF STAR INC U S BANK UNITED ROTARY BRUSH CORP US BANK VISTA PAINT VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WEST COAST ARBORISTS INC WEST PAYMENT CENTER WHILLOCK CONTRACTING AWARD MASTER T'S & SIGNS WIRED PAYMENTS ADMINSURE INC THE BANK OF NEW YORK MELLON NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 4 7/23/2019 DESCRIPTION SUMEMR MOVIES TIE DYE T-SHIRT / CSD TORO PARTS - PULLEY IDLER - MOP 19657 SUPPLIES / PD STREET SWEEPER REPAIRS AND MAINTENANCE US BANK CREDIT CARD PARYMENT MOP 68834 PAINT SUPPLIES - PW HOT ASPHALT / PW MISCELLANEOUS JANITORIAL SUPPLIES / PW ARBORIST SERVICES INVESTIGATION SERVICE PARADISE CREEK PARK SITE REM. MISS NATIONAL CITY CROWNS CASA DE SALUD POSTERS W/C ACCOUNT REPLENISHMENT JUN 2019 HUD SECTION 108 LOAN PAYMENT JUL 2019 CHK NO DATE AMOUNT 343254 7/23/19 1,563.28 343255 7/23/19 97.07 343256 7/23/19 369.00 343257 7/23/19 305.22 343258 7/23/19 336.24 343259 7/23/19 1,152.20 343260 7/23/19 429.28 343261 7/23/19 711.95 343262 7/23/19 24,465.00 343263 7/23/19 1,217.26 343264 7/23/19 202,632.35 343265 7/23/19 369.58 343266 7/23/19 21.75 AIP Total 776,952.03 310554 7/22/19 63,229.32 310578 7/22/19 485,579.75 GRAND TOTAL $ 1,325,761.10 3/3 41 of 199 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 3' OF SEPTEMBER 2019. AYES NAYS ABSENT 42 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 43 The following page(s) contain the backup material for Agenda Item: Warrant Register #5 for the period of 7/24/19 through 7/30/19 in the amount of $9,244,838.85. (Finance) Please scroll down to view the backup material. 43 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #5 for the period of 7/24/19 through 7/30/19 in the amount of $9,244,838.85. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period 7/24/19 - 7/30/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor CSAC Excess Ins Authority Exos Community Services HealthNet Inc HealthNet Inc Springboard CDFI Public Emp Ret System Public Emp Ret System Check/Wire 343297 343307 343316 343317 264156 7242019 7262019 DEPARTMENT: Finance APPROVED BY: Amount Explanation 386,736.00 54,683.24 97,439.80 84,983.85 69,250.00 252,784.06 6,802,284.00 General Liability 1 Program / Risk Las Palmas Pool Management Fees Group R1192A — July 2019 Group R1192A — August 2019 FTHB Program Loan 1918 Via Palmas Service Period 06/18/19 — 07/01/19 FY2019 Annual AUL Prepayment FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $9,244,838.85. APPROVED: L ' , APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $9,244,838.85 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 5 44 of 199 PAYEE FITNESS DIRECT KTUA NATIONAL CITY HOST LIONS CLUB PRUDENTIAL OVERALL SUPPLY STAPLES BUSINESS ADVANTAGE SYSCO SAN DIEGO INC CALIFORNIA DEPARTMENT OF MELLADO DESIGNS REGENA PAULETTA 4 ALL PROMOS ACME SAFETY & SUPPLY CORP ALDEMCO ALL FRESH PRODUCTS ALL THE KINGS FLAGS AMERICAN BACKFLOW SPECIALTIES AT&T AT&T AZTEC APPLIANCE BOOT WORLD BROADWAY AUTO GLASS CAPF CALIFORNIA LAW ENFORCEMENT CAMARGO CHICAGO TITLE COMPANY CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY CYBRARYN SOLUTIONS DANIELS TIRE SERVICE DATA TICKET INC DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DOUGHERTY ENNIS FLINT INC EXOS COMMUNITY SERVICES LLC FEDEX GRAINGER HEALTH NET HEALTH NET HEALTH NET HEALTH NET CALIFORNIA <-_ -M'I.O1!11-.. L toV. n aaa ATCORPQRjAT8D WARRANT REGISTER # 5 7/30/2019 DESCRIPTION MOTOR CONTROLLER FOR GYM INTRA-CONNECT JULY 4, 2019 FIREWORKS UNIFORM CLEANING SERVICE MOP 45704. OFFICE SUPPLIES/ENGINEERING FOOD & CONSUMABLES / NUTRITION SALES TAX LIABILITY / PERIOD APRIL - JUN CS410, BLACK CORNER STONE SELECT VIOLATION DISMISSED EVERY 15MINUTES KEY CHAINS SURVEY VEST 522C-2 FOOD FOR NUTRITION FOOD FOR NUTRITION CITYWIDE FLAGS & POLES / PW PURCHASE OF FEBCO AND MASTER LOCK AT&T ANNUAL PHONE SERVICE JUN - JUL 2019 AT&T SBC ANNUAL PHONE SERVICE JULY 2019 APPLIANCE / FACILITIES MOP 64096 SAFETY WEARING APPAREL - PW FRONT WINDSHIELD ON PD VEH #039 AUGUST 2019 - FIRE LTD AUGUST 2019 - PD LTD TRAINING NCPD CITEDAY / TRAFFIC DEED OF TRUST TITLE POLICY FOR 108 HUD L LIABILITY & RISK MGMT SERVICES JUN 2019 MOP 80331 AUTO SUPPLIES - PW CHEMICALS DELIVERED JUL 08, 2019 CO OF SD SHARE OF PARKING CITATION / AP SERVER ROOM HVAC MODIFICATIONS COX DATA VIDEO SERVICES JUL - AUG 2019 GENERAL LIABILITY 1 PROGRAM / RISK CYBRARIAN ANNUAL SOFTWARE RENEWAL TIRES FOR CITY FLEET FOR FY 2019 DATA TICKET PARKING ENFORCEMENT / NSD GROUP 05-0908600000 JULY 2019 GROUP 05-0908601002 JULY 2019 GROUP 05-7029600000 JULY 2019 GROUP 05-7029600002 JULY 2019 REIMB: DOUGHERTY RIFLE MOUNT ITEM 8431064- LAS PALMAS POOL MANAGEMENT FEES TESTING MATERIALS FOR POLICE RECRUIT MOP 65179 GENERAL SUPPLIES - PW GROUP R1192Q -JULY 2019 GROUP R1192Q - AUGUST 2019 GROUP N7177A - JULY 2019 GROUP N7177A - AUGUST 2019 CHK NO 343267 343268 343269 343270 343271 343272 343273 343274 343275 343276 343277 343278 343279 343280 343281 343282 343283 343284 343285 343286 343287 343288 343289 343290 343291 343292 343293 343294 343295 343296 343297 343298 343299 343300 343301 343302 343303 343304 343305 343306 343307 343308 343309 343310 343311 343312 343313 DATE 7/29/19 7/29/19 7/29/19 7/29/19 7/29/19 7/29/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 AMOUNT 774.90 10,682.50 7,000.00 849.97 35.34 18,169.11 6,451.00 486.04 35.00 2,363.90 573.22 8,475.86 2,544.10 1,428.40 1,856.46 2,286.60 80.42 3,195.97 234.87 210.00 980.00 2,033.50 450.00 3,336.00 6,400.00 259.70 1,279.17 12, 944.50 13,082.50 5,821.19 386,736.00 1,139.95 658.09 859.60 15,456.34 775.02 2,748.24 16.50 151.89 2,756.45 54,683.24 27.35 1,797.44 1,969.92 1,969.92 1,860.36 1,860.36 1/3 45 of 199 PAYEE HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HOME DEPOT CREDIT SERVICES HUNTER'S NURSERY INC JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS KRONOS INC LASER SAVER INC MAINTEX INC MASON'S SAW METRO AUTO PARTS DISTRIBUTOR MHZ COMMUNICATIONS ENT MUNICIPAL CODE CORPORATION NALEO MEMBERSHIP NAPA AUTO PARTS NATIONAL CITY ELECTRIC OFFICE SOLUTIONS BUSINESS OLIVER PRODUCTS OMNI EQUIPMENT SOLUTIONS INC OPTUM O'REILLY AUTO PARTS PACIFIC STATES PETROLEUM INC PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PENSKE FORD PERRY FORD PLASTIX PLUS LLC PRO BUILD COMPANY PROCURE AMERICA INC PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS RANDALL LAMB ASSOCIATES INC RELIANCE STANDARD S & S RECREATION WORLDWIDE S&S WORLDWIDE INC SAM PITE SASI SDG&E SEAPORT MEAT COMPANY SEGAL, M SEGAL, M SITEONE LANDSCAPE SUPPLY LLC CALIFORNIA <__ -M'I.O1!11-.. L toV. n aaa DICORPQRjAT8D WARRANT REGISTER # 5 7/30/2019 DESCRIPTION GROUP N7176F - JULY 2019 GROUP N7176F - AUGUST 2019 GROUP R1192A - JULY 2019 GROUP R1192A - AUGUST 2019 GROUP 57135M - JULY 2019 GROUP 57135A - JULY 2019 GROUP 57135M - AUG 2019 GENERAL SUPPLIES FOR FY 2020 MOP 45719 LANDSCAPE SUPPLIES - PW FIRE AND SECURITY ALARM MONITORING, GROUP 104220-05 - JULY 2019 KRONOS ANNUAL MAINTENANCE MOP 04840 TONER PD CITYWIDE JANITORIAL SUPPLIES MOP 45729 EQUIPMENT SUPPLIES AND REPAIR MOP 75943 AUTO SUPPLIES - PW VHF PROGRAM SOFTWARE MUNICODE ADMIN SUPPORT FEE MEMBERSHIP TO NALEO FOR CM CANO MOP 45735 AUTO SUPPLIES - PW CITYWIDE ON -SITE ELECTRICAL MOP 83778, FIRE CHARGES CONSUMABLES FOR NUTRITION RANGE SUPPLIES MONTHLY SERVICES FOR APR, MAY, JUN 2019 MOP 75877 AUTO SUPPLIES - PW 5W30 ENGINE OIL PHONE MONTHLY PAYMENT MAY 2019 JANITORIAL SUPPLIES FOR NUTRITION REPAIR AND MAINTENANCE- CITY VEHICLES REPAIR AND MAINTENANCE- CITY VEHICLES MOUNTING BRACKETS MOP 45707 GENERAL SUPPLIES - PW CONSULTANT SERVICES FOR UTILITY REVIEW MOP 45742 LAUNDRY SERVICES - PW QUESTYS GOLD SUPPORT JUL 2019 - JUN 2020 POLICE DEPT. STANDBY POWER CONV. GRP VA1826233/VC1801146/VG180848 JUL 201 CASA DE SALUD PAPER RACK ROLL CASA DE SALUD ART SUPPLIES CONSULTING SERVICES - CMO MONTHLY TRUST ACCOUNT JUL 2019 SDG&E UTILITIES FOR FACILITIES FY 2019 FOOD / NUTRITION TRAINING ADV LDG THRT ASSMT CONF / SEGAL TRAINING REIM ULT TRN OFF/SEGAL MOP 69277 LANDSCAPE SUPPLIES - PW CHK NO 343314 343315 343316 343317 343318 343319 343320 343321 343322 343323 343324 343325 343326 343327 343328 343329 343330 343331 343332 343333 343334 343335 343336 343337 343338 343339 343340 343341 343342 343343 343344 343345 343346 343347 343348 343349 343350 343351 343352 343353 343354 343355 343356 343357 343358 343359 343360 DATE 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 7/30/19 AMOUNT 1,598.46 1,598.46 97,439.80 84, 983.85 2,504.32 2,504.30 1,252.16 67.29 471.56 330.00 4,586.92 12,047.28 233.65 892.74 1,514.13 247.46 92.55 475.00 100.00 83.99 675.00 395.93 1,982.73 450.23 55.25 25.54 1,397.90 156.00 298.91 968.10 125.00 1,714.42 2,636.69 13,952.84 1,044.24 18,551.51 17,912.25 3,562.32 221.84 224.86 1,850.00 49.00 14,262.83 2,068.30 1,071.72 121.69 587.11 2/3 46 of 199 PAYEE SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SPOK INC STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TECHNOLOGY INTEGRATION GROUP THE BUMPER GUY INC THE LINCOLN NATIONAL LIFE INS THE LINCOLN NATIONAL LIFE INS TOPECO PRODUCTS T'S & SIGNS U S BANK UNITED ROTARY BRUSH CORP VERIZON WIRELESS VISION SERVICE PLAN VISTA PAINT VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS SPRINGBOARD CDFI PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 16 7/19/2019 CALIFORNIA NATIoNAL ''_ 1' j ?NCORPQRAT8D WARRANT REGISTER # 5 7/30/2019 DESCRIPTION MOP 45756 OFFICE SUPPLIES - HR STRIKE TEAM PADS MOP 45758 GENERAL AUTO SUPPLIES - PW METROCALL PAGING FOR FY20 MOP OFFICE SUPPLIES/HED WATER SERVICES FOR FACILITIES FY 2019 FOOD / NUTRITION MIS SUPPLIES PAINT FRONT BUMPER OF VEH #492 GROUP 415491 AUGUST 2019 GROUP 415491 - JULY 2019 MOP 63849 GENERAL SUPPLIES - PW TSHIRTS FOR FACILITY STAFF MOP 19657 SUPPLIES PD STREET SWEEPER REPAIRS AND MAINTENANCE VERIZON CELLULAR SERVICES JUN - JUL 2019 JULY 2019 - VISION SERVICE PLAN (CA) 68834 GENERAL SUPPLIES - PW CITY WIDE ON SITE SERVICE & REPAIRS MISCELLANEOUS JANITORIAL SUPPLIES MOP 63850 GENERAL SUPPLIES - PW MOP 45763 ELECTRONIC SUPPLIES - MIS FTHB PROGRAM LOAN FOR 1918 VIA LAS PALMA SERVICE PERIOD 06/18/19 - 07/01/19 FY2019 ANNUAL AUL PREPAYMENT End Date 7/29/2019 Check Date 8/7/2019 GRAND TOTAL CHK NO DATE AMOUNT 343361 7/30/19 18.72 343362 7/30/19 784.11 343363 7/30/19 223.82 343364 7/30/19 656.06 343365 7/30/19 228.82 343366 7/30/19 3,486.62 343367 7/30/19 4,466.81 343368 7/30/19 253.39 343369 7/30/19 198.87 343370 7/30/19 9,800.13 343371 7/30/19 9,699.09 343372 7/30/19 54.81 343373 7/30/19 1,927.49 343374 7/30/19 2,709.18 343375 7/30/19 1,369.36 343376 7/30/19 266.95 343377 7/30/19 822.77 343378 7/30/19 2,083.35 343379 7/30/19 1,336.25 343380 7/30/19 2,661.82 343381 7/30/19 412.00 343382 7/30/19 1,160.29 A/P Total 933,793.73 264156 7/29/19 69,250.00 7242019 7/24/19 252,784.06 7262019 7/26/19 6,802,284.00 1,186,727.06 $ 9,244,838.85 3/3 47 of 199 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 3' OF SEPTEMBER 2019. AYES NAYS ABSENT 48 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 49 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution approving 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) (Planning) Please scroll down to view the backup material. 49 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and adoption of a resolution approving 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 StanleyC .S_ PHONE: 619-336-4381 DEPARTMENT: P APPROVED BY: vision 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 City Council considered the Notice of Decision at their meeting of August 6, 2019 and held the item over for a public hearing. The attached background report describes the project 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 approval of the Conditional Use Permit. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommends approval. Ayes: Natividad, Baca, Flores, Sendt, Yamane, DelaPaz Absent: Garcia ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions 4. Overhead 5. Site Photos 6. Business Description 7. Applicant's Plans 8. Planning Commission Staff Report 9. Public Notice 10. Resolution 50 of 199 BACKGROUND REPORT Staff Recommendation Staff recommends approval of a Conditional Use Permit (CUP) for an adult school in Sweetwater Plaza Shopping Center Located at 1727 Sweetwater Road, Suites 209-212. The proposed educational use is consistent with the Land Use Code with the approval of a Conditional Use Permit. 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. History 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. 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. ATTACHMENT 1 1 51 of 199 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 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. 2 52 of 199 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The 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. 3 53 of 199 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 4 54 of 199 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. ATTACHMENT 2 5 55 of 199 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. 6 56 of 199 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. ATTACHMENT 3 7 57 of 199 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. 8 58 of 199 2019-07 CUP — 1727 Sweetwater Road — Overhead ATTACHMENT 4 t N 9 59 of 199 r • ATTACHMENT 5 • • • PHOTO LOCATION Historic lettezeotteteeaft ermooda. %ice PRa>ECT, 7ataftt %rfreauermteetta Ram/ a rim ?a€€e9e ADDRESBP 1727 Sweetwater Road National City, Ca. 91950 BULDNQ DATA: APN; 563-161-74-00 SQUARE FOOTAGE! 373B. af. Nea o and Rweki• No. Date Imes end lkrkione 10/07A1 Prollmrnery Daelan 03111/201a Contractor Bat 04/091201B Clia Correction. Von and Oratory 14a[M Name` Lourdes No. 4 Prof Kt Nw 62001 Date. 10107111 Cod DeeaaPon' Sheet Na T • • • L Il 10 SALE 1" = 20'-0' 60 of 199 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: lnterAmerican 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. IAC 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 B 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 (OEE). 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. ATTACHMENT 6 11 61 of 199 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 IAC 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 1st 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 12 62 of 199 r • • • e Ipttenameu'caa 1727 Sweetwater Drive National City, CA, 91950 L I AM THE DESIGNER / GINNER RJ RE0PCN0IBLE r'4+AIR'-F OF TH18 PROJECT. MAY£ INSPECTED THE 611E,PTd:MI8E6 AND DE EPPIN4D TNAT Ex15595 CONDnnCNO ARE IN RILL COMPLIANCE WnH THE CURRIER ACCESSIBILITY rEri11RPFIENTO TO THE DOENT REGORBP BT THE LAW. 6I4NATIE FR1Nr NAME DATE ]. IF THE BUILDOG INSPECTOR DETERII.EB NDNCOIFLIANCE WITH ANY CURR NT ACCESGBILITT PROVISION CF T4 LAW, 1410HE SHALL REWIRE 6UBWITAL Cr COMPLETE AND DETAILED PLANS TO THE COUNTY CF BAN DIEGO, BUILD15 °MOTOR FOR Rd25ER RENEK PLANS MUST CLEAR.T ENKTA ALL E9815I5 NON -COMPLIANT CCNDIi10916 SER.IN3 THE ALTERATION, STRUCTURAL REPAIR OR ADDITIQI AND PROPOSED MITIGATION OF DEFICIENCIES TO r'EET CURRENT ACCE661BILIrr PRON6IM6.' .CSC 148.20.E 6. I AM THE DE654R / COSIER IN F£4PUN61BLE rvIRrs DF PFoJECT. 1 HAVE INSPECTED THE BITE,PR®II3E5 AND DETERMINED THAT E%I6TING RE81RC11/616ERVMr THE AREA OF ALTERATION ARE IN RILL COMPLIANCE WITH THE 0444TNT ACCESOIBILITT PROVISIONS TO THE EATEN!' REOJIRED 5T THE LAW. • SIGNATURE PRINT NAME PROJECT DI C."rTORY DATE SHEET INDEX KEY NOTES OPROPERTY LINE OEXTG. LANDSCAPE 0 EXTG. CONCRETE SIDEWALK OEXTG. WATER METER 0 EXTG. GAS METER O6 SHOWN CENTER LINE OF STREET OEXISTING ELEVATOR DB EXTG. TRASH BINS aMfw SWEETWATER PLAZA EAST L L C MAIL ADDRESS: 2649 QUALTROUGI1 ST SAN DIEGO, CA 92106 SITE ADDRESS: 1121 Sweetwater Drive National City, CA 91950 IMINP REYMONDO MARIN 4 MARIA MARIN MAIL ADDRESS: 1121 SWEETWATER DRIVE NATIONAL CITY, CA. 91950 SITE ADDRESS: 1121 Sweetwater Drive National City, CA 91950 VINNIM JOSE M. MARTNEZ 4645 RUFFNER ST, STE Q SAN DIEGO, CA 92111 VOICE: (555) 421-4161 MINIM DAVID M SANDE1MFER 1043 FLORET STREET SAN DIEGO, CA 92122 VOICE: (85H) 331-1522 'PROJECT INFORI4ATION PROJECT ADDRESS: 1121 SWEETWATER DRIVE NATIONAL CITY, CA. 91950 BUILDING TYPE: TYPE V, SPRINKLER ASSESSOR PARCEL No: 563-161-14-00 2016 1901BGICH ADOPTS THE BUILDING CODE: OCCUPANCY: ZONE: TYPE 'E I MIXED OCCUPANCY AREA ALLOWED YEAR BUILT: LOT SIZE: LEGAL BRIEF DESK: COMMERCIAL 1959 50625 SF / 0.32 AC NEW COLLEGE LEGAL DESCRIPTION ARCHTECiURAL re-1 TITLE SHEET T5-2 NOTES TS-4 ADA NOTES TS-5 HISTORIC A2-I EXISTING FLOOR PLAN A2-2 NEW FLOOR PLAN A2-3 REFLECTED CEILING PLAN A2-4 PARTITIONS WALLS DETAILS ELECTRICAL E-I POWER PLAN E-2 LIGHTING PLAN I AL M-I TI7LE-24 PLUMBING P-I PLUMBING SEWER PLAN P-2 PLUMBING WATER PLAN SQUARE FOOT INFORMATION AREA OF TENANT IMPROVEMENTS 3,135 SF. NOTES I. COMMERCIAL CONSTRUCTION COMPLY 141114 THE 2013 EDITION OF THE CALIFOIMNIA BUILDING CODE 2. (TITLE 24), WHICH ADOPTS THE FOLLOWING MODEL CODE5. 2016 IBC, 2016 UPC, 2013 UNTO AND 2016 NEC. 3. THIS PROJECT WILL COMPLY WITH THE CITY OF 4. SAN DIEGO LIGHTING ORDINANCE THI5 FACILITY WILL BE USING SINGLE USE UTENSILS SCOPE OF WORK I. TENANT IMPROVEMENT ENTAILING 3136 5F FOR A NEW COLLEGE 2. 55 LINEAR FEET CF NON BEARING pARfITION NALL PARCEL 2 OF PARCEL, MAP No. 14563, CITY OF 3. 5 NEW ELECTRICAL OUTLETS NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CA. SUBDIVISION: LINCOLN ACRES .QONERNNO AGENCIES CITY OF NATIONAL C11Y SWEETWATER AUTHORITY WILL HAVE A DEFERRED SUBMITALL (FIRE SFRINKLERS MODIFICATIONSJ. CFC Section 505.1 New and exl8Ung buildings shall have approved address nwnbere, buildings numbers or approved building Identification placed fn position that Is plainly legible and visible from the etre1t or road fronting the properly. These numbers shall 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 within a structure or an area IS restricted because of secured openings or where Immediate access fa necessary for life -baying or Fire -Fighting purposes, the fire code official fa authorized to require a key box to be 'metalled In an approved to require a key box to be Installed In an approved location. They key box shall be of an approved type and shall contain key(e) to gain necessary access one required by the fire code off icl a I. . . 0 EXTG. HC. PARKING STALL 0 NOT USED 0 EXTG. MAIN ELECTRICAL PANELS OSHOWN PATH OF TRAVEL FOR HC. OEXTG. ACCESIBLE PAWING SIGN EXTG. APRON PER CITY STANDARDS ONOT USED 16 EXTG. BACKFLOW PREVENTION VALVE 0 A,A3 LTt0ram er4Can Coleco TWo UMW OULDNO WEILER 3748. SF 5' OCCUPANCY 195.05' SWEETWATER ROAD EXHIBIT; A' ASE FILE NO.e20lq-07We ATE: L(_��_�� greitaMetieag e149e er�y,���t`o dazVal& �? pro 7ata to 1.01.0,./e.mated p0 a iecu eo&9e A 1727 Sweetwater Road National City, Ca. 91950 LDNQ DATA' APN: 563-161-74-00 MANE POGRAIIe 3738. at E.ECTRICAL ROOM 87 SF/15 - 5 PEOPLE OFRCE 2 87 SF/15 - 5 PEOPLE COMPUTER LAB 1029 3F/15 - 88 PEOPLE CLASSROOM 2 358 SF/15 - 23 PEOPLE ATTACHMENT 7 OFFICE 3 10e SF/15 - 7 PEOPLE HALLWAY 388 8P/15 - 24 PEOPLE J OFFICE 4 78 SF/15 - 5 PEOPLE PHAAAACY AND BIOLOGY LABORATORY 729 SF/15 - 48 PEOPLE OF FCE 1 67 SF/15' 4 PEOPLE • Mesa and Rations Na. Dais Nauss and Madae 10/02/D Preliminary Design 03/11/2016 Contractor Set 04/090018 C1t9 Corrections Stew and Mower. P *d Na1n. Lordes No. 4 Pro4.8 N. 5200n Da10 10/02/11 CLASSROOM 1 ad Fe. 448 SF/15 - 29 PEOPLE TOTAL OCCUPANCY 194 PEOPLE Site Plan a SCALE' 1r - 20k_0' . . Dsaa48aF 411aet N4 L . 63 of 199 1 • • KEY Y' 'TOTES O E DECK. ci-)2 EXISTING SHELVING MUST BE 18' DEEP AND LOWER 814ELF MUST 15E MOUNTED, 6" MIN. ASOV£ FINISH FLooR AND THE TOP SHELF SHALL Not B TI'1EE£ENN SHELVVESS FINISH11pROOOVR1DED FOIZ S LE5£ F TISHABLE FooDS BASE LESS THAN 25 LINEAR OTACTILE EXIT SIGNS COMPLYING WITH SECTION 111113.5.1 AND IN ACCORDANCE WITH SECTION 1011. AT THE EXIT DOOR, 4 NEW 15 GAL. MEDIUM DUTY GAS COMMERCIAL ▪ WATER 1-EATER BY RHEEM MoD. G15-15N-3, i 5.000 Ena s, RECOVERY OF 121 GPM AT 60 F, ® SNEEZE GUARD (SEE SHEET A3-I DETAIL A) ® (E) ELECTRICAL MAIN PANEL (E) ELECTRICAL SUB PANEL O EXISTING FIRE ALARM CONTROL PANEL ® (E) FIRE EXTINGUISHER, MINIMUM LISTING OF UL A5c 24-103C MOUNTED 6'-0" A.F.F. R 10 (ORDINANCENPSER REFLECTED CE1L1N PLANS II (E) MAKE UP AIR SUPPLY 12 SHELVING FOR CLEANING SUPPLIES (SOAP, CLEANSERS WAXES, ETC) AND TOXIC SUBSTANCES. 13 GRADE LEVEL EXTERIOR EXIT POOR SHALL BE IDENTIFIED BY TACTILE S1GN WITI-1 WORD EXIT. 1d FRP ON WALL UP TO 8'-0" F.F.P. 15 FRP ON WALL UP TO 36" F.F.F. 16 FRP ON WALL UP TO 4'-0" F.F.F. (Fc3 EXISTING DOOR To SE REPLACE WITH A NEW 31-0"x6'-8" 19 6OOTH STAINLESS EPGESTEEL SPLASHGUARD WITH la GREASE TRAP SAMPLE BOX POOR PER DOOR SCHEDULE WINDOW PER SCHEDULE IF WALL PER LEGEND, 100 ` ROOM NUMBER PER FINISH SCHEDULE. WALL TYPE WALL LEGEND 4 3 5/8" METAL STUDS •' 24" 0,c, • 6' METAL 6TUp5 a 24' v.0. Q NoT USED EXISTING WALL TO REMAIN WALL TYPE WALL LEGEND EXISTING 1 14R. DEMISING WALL NEW METAL STUD WALL PER WALL LEGEND GENERAL NOTES 1.- STATE HEALTH t SAFETY CODE SEC. 11921.9 BANS THE USE or CHLORINATED POLYVINYL CHLORIDE (cIVC) FOR INTERIOR WATER SUPPLY PIPING 2.- INSTALLATION OF SMOKE 2ETECTOR6 WILL WITH U5c ( SEC. 310.5 ) 3.- PERMANENT VACUUM BREAKERS SHALL DE INCLUDED WITH ALL NEN NOSE 51556 9IDINGEDE EXIT DOORS CAPABLE OF OPENING MINIMUM 2. MINIMUM 32' CLEAR WIDTH, MEASURED FOR HINGED DOORS BETWEEN FACE OF POOR AND OPPOSITE STOP WNEN POOR OPEN 90 DEGREES PER CDC 118-515(a). 3, HINGE -SIDE APPROACH TO PUSH SIDE OF POOR WITH LATCH AND CLOSER: NIDTHr MINIMUM 54 INCHES PARALLEL TO DOORWAY LENGHT: MINIMUM 48 INCHES PERPENDICULAR TO DOORWAY. 4. HINGE -SIDE APPROACH TO PUSH SIDE OF DOOR WITH LATC14/CLOSER COMBINATION: LENGHT MINIMUM 44 INCHES PERPENDICULAR TO DOORHAY. 5. HARDWAt'�E:MINIMUM 34 INCHES AND MAXIMUM 44 INCHES ABOVE FLOOR. 6. SMOOTH, ININTERRUPTED SURFACE AT BOTTOM 10 INCHES OF ALL DOORS AND GATES PER FIGURE 115-29 ALLOWING OPENING 5Y WHEELCHAIR. 1. POOR& TO BE 5 POUNDS OF FORCE TO OPEN ANY DOOR OR GATE. 8. POOR 141714 CLOSERS SHALL HAVE SWEEP PERIOD OF 3 SECONDS FROM 10-DEGREE OPENING POSITION UNTILL LEADING EDGE OF DOOR 18 WITHIN 3 INCHES •OF LATCH. 9. THE MEANS OF EGRESS, INCLUDING THE EXIT PI6CHARGE, WILL BE ILLUMINA7EID TO A LEVEL OP NOT LESS THAN ONE FOOT-CANDLE AT 714E WALKING SURFACE AT ALL TIMES THE BUILDING SPACE SERVED BY THE MEANS OF EGRESS I5 OCCUPIED (SECTION 1006.2) 10. BATHROOMS OUTLETS ARE TO BE 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 15ATHR00M'S DEDICATED DELIVERY. N WA NOTES 13. THE MINIMUM SIZE SINK COMPARTMENTS SHALL BE 18"x18"x12" PEEP WITH A MINIMUM 18" PRAINBOARD AT EACH END. 14. EACH 14ANDNA814ING SINK SHALL WAVE A WALL MOUNTED SINGLE SERVICE TOWEL AND SOAP DISPENSER. 15. ALL SANITARY SYSTEM MATERIALS SHALL 15E LISTED •BY AN APPROVED LISTING AGENCY. • 15. SECTION 1008.1.2 CBC THE OPENING FORCE FOR INTERIOR SIPE-SWINGING DOORS WITHOUT CLOSERS SHALL NOT EXCEED A 5-POUND (22 N) FORCE. FOR OTHER SIDE -SWINGING, 6LI0ING, ANp FOLDING DOORS, THE DOOR LATCH SHALL RELEASE WHEN SUBJECTED TO A 15-POUND (61 N) F0RC3 . THE POOR SHALL BE SET IN MOTION WHEN SUBJECTED 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 5£ APPLIED TOTE£ LATCH SIDE, 15. BUILDING DRAIN AND VENT PIPING MATERIALS SHALL COMPLY WITH SECTIONS 101.0 AND 903.0 OF THE CALIFORNIA PLUMBING COPE. 11. EACH FAUCET SHALL NOT EXCEED A WATER FLOW OF 2.2 GPM. 19a. SECTION 113315.2.5.2 LATCHING, OR LOCKING DOORS IN A PATH OP TRAVEL ARE OPERATED WITH A SINGLE EPFORT I3Y LEVER TYPE HARDWARE, SY PANIC BARB, PUSH- PULL ACTIVATING 5AR8, OR OTHER HARDWARE DESIGNED TO PROVIDE PASSAGE WITHOUT REQUIRING THE ABILITY to GRA P TH£ OPENING WARDWARE. 1517. IS TO BE CENTERED 30" BUT 44" ABOVE FLOOR. 20. ELECTRICAL INTERLOCK 5£TW££N MAKEUP AIR AND EXHAUST SHALL BE PROVIDED. 21. TURBINE UPDRAFT EXHAUST FANS SHALL 8£ HINGED AND CHAINED FOR GLEANING OF VERTICAL DUCT. 22. EGRESS p00R8 6£RV£5 A ROOM OR AREA WITH AN OCCUPANT LOAD OF 50 THE DOOR SHALL SWINGS IN THE DIRECTION or EGRESS TRAVEL (SEC. 1008.1.2) 24. INTERIOR AND WALL CEILING FINISH MATERIALS SHALL BE CLASSIFIED IN ACCORDANCE WITH AS1M-£84 OR UL123 SUCH INTER10R FINISH MATERIALS 514ALL 5E CLASS "C"= FLAME 12. EXTERIOR DOORS OPEN OUTWARD AND ARE SELF- 6PREAp INDEX 16-200 5110K£ OEVELOPEI INDEX 0-450. CLOSING AND THIGHT FITTING OVERHEADS AIR o CURTAINS ARE TO BE PROVIDED OVER CARGO, • (E) 5'-0" X 4'-0" (£) 5'-0' X 4'-0• 14 • (E) 5'-0" X 4'-0" y1 (E) 5'-0" X 4'-0" yl • ®® LE) (E) 4'-0" X 5'-0" W (E) X 5'-0• (E) (E) 4'-0" 4-0" X X 5'-0" W 5,_0e 14 (E) 4'-0" X 5'-0" W (E) 4'-0" X 5l_0" W (E) 3,-0" X W (E) 4'-0" X 5'-4" (£) 2'-5 X 5'-4" W (E) 3'-5" X 5'-4" W I. SECTION 1008.1.2 CRC THE OPENING FORCE POR INTERIOR SIDE -SWINGING DOORS WITHOUT CLO05R3 SHALL Noi EXCEED A 5-POUND (22 N) FORCE. FOR OTHER SIRE-SWINGNG, SLIDING, AND FOLP1NG 1O0R3, THE DOOR LATCH SHALL RELEASE WHEN SUOJECIED TO A IS -POUND (61 N) FORCE. TWE DOOR SHALL BE SET M Mo11oN WHEN 8UJ9CTED TO A 30-POUND (133 N) FORCE. THE DOOR SHALL SING TO A FULL -OPEN POSITION WHEN &WBJECTED TO A 15-POUND <67 N) FORCE. FORCES SHALL 8E APPLIED To THE LATCH SIDE. (E) 0'-6,5" X 6'-8" (E) 0'-6.5" X 6,_8e 14 2. SECTION 1008.1.9.2 CEO HARDWARE HEIGHT. DOORS HANDLES, PULLS, LATCWEB, LOCKS ANp OTHER OPERATING DEVICES BWALL BE INSTALLED 34 INCHES (B64 mm) MINIMUM AND 48 INCHES (819 mm) MAXIMUM ABOVE THE PINI9HED PLOOR, LOCKS USED ONLY FOR SECURITY PURP08E8 AND NOT U8Ep FOR NORMAL OF8RATIoN ARE PERMITTED AT ANY HEIGHT. • (E) 0' 4,5" 7< W (E) 0'-IO' X 6'-8' 14 I (E) 1 0'-10" X 25, INTERIOR WALL OR CEILING FINISH MATERIALS SHALL 13E PERMITTED TO BE TE57ED IN ACCORDANCE WITH 14FPA 286. (803.1.2). 26. SUSPENDED CEILING SHALL MEET FLAME PROPAGATION PERFORMANCE CRITERIA IN ACCORDANCE WITH SECTION 806.2 AND NFPA 101 OR 5£ NON COMBUSTIBLE. 21. SUSPENP£P CEILING SYSTEM P£TAIL5 AND CONNECTIONS DETAIL ARE PER ASCE 1-05, SECTION 13.5.6 AND CI6CA 3-4 FOR 5£15MIc DESIGN CATEGORY "D". 28. AFTER A BUILDING IS OCCUPIED ANY CHANGE IN USE 0R OCCUPANCY WHICH CAUSES AN INCREASE IN IN OCCUPANT LOAD SI-1ALL COMPLY WITH ALL OF THE REQUIREMENTS POR THE INCREASED LOAD. *"ALL EGRESS DOORS SHALL 15E READILY OPENABLE FROM THE £GR£55 51DE WITHOUT THE USE OF A KEY OR SPECIAL. KNOWLEDGE OR EFFORT". 6£Ct1oN 1010.1.3. *"PROVIDE A SIGN ON OR NEAR THE EXIT POOR, READING THIS DOOR TO REMAIN UNLOCKED WHEN THIS SPACE IS OCCUPIED." *ALL DOORS WITHIN THE EXIT PATH TO A PUBLIC WAY FROM AN OCCUPANCY OF GROUP E HAVING AN OCCUPANT LOAD OF 50 OR MORE SHALL NOT BE PROVIOEP WITH LATCHES OR LOCKS UNLESS THEY ARE EQUIPPED WITH PANIC HARDWARE. SEC. 1010.1.10 4 10.10.2. 3. SECTION 1005,1.9.8 COD LOCK AND LATCHES M 8111LDING IN OCCUPANCY GROUP A HAVING AN OCCUPANCY LOAD OF 300 oR LE05, GROUPS 0, P, M, AND 8, AND IN PLACER OF RELIGIoUS WORKSHIP, THE MAIN EXTERIOR DOOR AND DOORS ARE PEIO'11T7Ep TO BE EQUIPPED WITH KEY -OPERATED LOCKING DEVICES PROM THE EGRE88 SIDE PROVIDED. a. THE LOCKING DEVICE IS READILY DISTINGUISHABLE AS LOCKED. b. A READILY vI6IELE DURABLE SIGN IS POBTEp ON THE EGRESS BODE ON OR ADJACENT TO THE DOOR STATING: 'THIS DOOR TO REMAIN UNLOCKED WNEN BUILDING IS OCCUPIED'. 14 THE SIGN SHALL EE IN LETTERS I INCH (25 mm) HIGH ON A CC•TRA37ING BACKGROUND, Existing Floor Plan SCALE 1/4" -1'-0" • • • Tottetewtericaa e��� %nett %eat %ft,to emeeets Peetia Oft et teem &lye ADDRESS 1727 Sweetwater Road National City, Ca. 91950 BUII.D*1() DATA' APN' 563-161-74-00 SQUARE FOOTAGE 3738. af. lemma and Rar1"tene Not Data Iowa end NeNekne 10/02A1 Fregminary Daalgn 03/I1/20I0 Contractor Bat 04/0912018 CI ty Correct tone 05/31/201B Plan Change 811 n+ ena 8gMare, Prelad Name Lowden No.4 IA'elad 110.' 510PA1 Dater 10)07/11 Cad Fla Deac+b8an Gana No. A2-I 64 of 199 L r • • KEY MOMS 0 EXISTING PECK O NOT USED TACTILE EXIT SIGNS COMPLYING WITH SECTION 3 1111B.5.1 ANp IN ACCORDANCE WITH SECTION 1011. AT THE EXIT DOOR, ONEW'15 GAL. MEDIUM DUTY GAS COMMERCIAL WA4TEI HEATER er RHEEM MOD. 015-15N-3, W1S 3AP8U'e, I ECOVE RY OF 121 GPM AT 600 F, O SNEEZE GUARD (SEE SHEET A3-1 DETAIL A) O (E) ELECTRICAL MAIN PANEL O (E)ELECTRICAL SUB PANEL O EXISTING FIRE ALARM coNTRoL PANEL 0 (E) FIRE EXTINGUISHER MINIMUM LISTING OF UL ASC 2A-I06C MOUNTED 6'-r0" A.F.F. O ORDINANCE PETo R REFLECTED CEILING GREEN PLANS 11 (E) MAKE UP AIR SUPPLY 11 SHELvING FOR CLEANING SUPPLIES (SOAP, CLEANSERS WAXES, ETC) AND TOXIC SUBSTANCES. I3 GRADE LEVEL EXTERIOR EXIT DOOR SHALL BE IDENTIFIED BY TACTILE SIGN WITH WORD EXIT. 14 FRP ON WALL UP TO a -0" F.F.F. 15 FRP ON WALL UP TO 36' F.F.F. 0 0 18 19 FRP ON WALL UP TO 4'-0' F.F.F. EXISTING DOOR TO BE REPLACE WITH A NEW 3"-0"x6'-S" S" HIGH 61AINLE55 STEEL SPLASHGUARD WITH SMOOTH ROUND EDGES GREASE TRAP SAMPLE BOX I.- STHEALTHTE *SAFETY CODE SEC. I1921.S BANS THE USE of CHLORINATED POLYVINYL CHLORIDE (CPvc) FOR INTERIOR WATER SUPPLY PIPING 2.- INSTALLATION OF SMOKE DETECTORS WILL WITH UICC ( SEC. 310.E ) 3.- PERMANENT VACUUM BREAKERS SHALL 6E INCLUDED WITH ALL NEW HOSE 131136E 00 DOOR PER DOOR SCHEDULE WINDOW PER SCHEDULE / I NALL PER LEGEND I100I ROOM NUMBER PER FINISH SCHEDULE. • WALL TYPE WALL LEGEND 3 5/8" METAL STUDS 5 24' o.c. 6° METAL STUDS 14 24" 0.c. Q NOT USED EXISTING WALL TO REMAIN WALL TYPE WALL LEGEND mgammo EXISTING 1 HR. DEMISING NALL - NEW METAL STUD WALL PER NALL LEGEND HARDWARE NOTE 1. SECTION 1000,11 CBL' THE OPENING FORCE FOR INTERIOR 51DE-SWNGlNG DOORO WITHOUT CLOSEI5 SHALL NOT EXCEED A 5-POUND (22 N) FORCE. FOR OTHER SIDE -SWINGING, SLIDING, AND FOLDQNG DOORS, THE DOOR LATCH SHALL RELEASE WHEN BUBJECTEP TO A 15-POUND (6T N) FORCE. THE DOOR SHALL BE SET IN MOTION WHEN SUBJECTED TO A 30-POUND (135 N) FORCE. THE DOOR SHALL SING To A PULL -OPEN POSITION WHEN SUBJECTED To A 15-POUND (61 N) FORCE. FORCES SHALL BE APPLIED TO THE LATCH SIDE. HARDWARE HEIGHT. DOORS HANDLES, FULLS, LATCHES, LOCKS AND OTHER OPERATING DEVICES SHALL 15E INSTALLED 34 INCHES (064 mm) MINIMUM AND 40 INCHES (1219 min)MAXIMUM ABOVE THE FINISHED FLOOR. LOCKS USED ONLY FOR SECURITY PURPOSES AND NOT USED FOR NO14'iAL OPERATION ARE PERMITTED AT ANY HEIGHT. in • 8'-8 1/2" I0'-3" • 2I3'-2 3/8" • '1'-10 1/2" 10 -7a (E) X �n 4'-0" W (E) 5'-0" X (E) 5"-0a X 4''-0" 1.1 4'-0° (E) 5'-0" X (E) X 4'-0" W OFFICE 2 ELECTRICAL OOM 2 S' -2 1/8" CE 3 to ll'-10 1/2" 17' 9 3/8" OFFICE 4 0 PHARMACY & BIOLOGY LAB 17'-1 3j4" (E) 4'-0" X 3'-0" W 0 0 (E) 4'-0" x 5'-0" W (E) 4'-0" 5'-0° W (E) 0'-6 5" 6'"k-8" W 3. SECTION 1005.1.9.3 CSC LOCK AND LATCHES IN BUILDING N OCCUPANCY GROUP A HAVING AN OCCUPANCY LOAD OF 30m oR LESS, 4ROUPS B, F, M, ANC? 5, AND IN PLACES OF RELIGIOUS NoRKSHIP, THE MAN EXTERIOR DOOR AND DOORS ARE PERMITTED TO I3£ EQUIPPER WITH KEY -OPERATED LOCKING p£VICEB FROM THE EGRESS SIDE PROVIDED. a. THE LOCKNG DEVICE 10 READILY DISTINGUISHABLE AS L0r4CFD. b. A READILY VISIEL£ DURABLE SIGN IS POSTED ON THE EGRESS SIPE CN OR ADJACENT TO THE DOOR BTATIN'G, "THIS DOOR TO REMAIN UNLOCKED WHEN BUILDING 18 OCCUPIED" THE SIGN SHALL BE IN LETTERS 1 INCH (25 mm) H1GH ON A CONTRASTING BACKGROUND. COMPUTER LAB LIBRARY 0 0 lEr (E) 0'-6.5" X 6'-0° W Pinlah Floor/ Ground 0 CLASSROOM CLASSROOM (E) (E) (E) 4'-0" 4'-0" 3'-0' (E) X X X 0'-6.5" 5'-0" W 5,-0" W 1r-0" 1„1 6- m (E) 4'-0" x 5'-4" 14 (E) 0-10" X 6,-8" W U S'-8 3/4" 8'-il" (E) 0-10" X 6'-S" W (E) 2.-5 X 5'-4" W OFFICE 1 (E) 3'-5a X 5'-4" Proposed Floor Plan �a SCALE 1/4' - T-0' 3/0 min 3/5 min • • • TatoteuirasLcauc edeive Talevateouta %kaatra pmEgtotiaUvriit image Totti nouemretlsta Et wag eoek, 1727 Sweetwater Road National City, Ca. 91950 ®UL04143 DATA' APN' 563-161-74-00 SWAGE FOOTAGIE? 3738. af. Imam end Ne455S Noe Data Imam and Revidone 0/®241 PraIrminary Deelgn D31N/2018 Contractor eat 04/0912018 City Corractlone A 05/31/2018 Plan Change Sump 55d Fajla4ma Frclwt Nana Laurdea NNa. 4 Fr.1.4 Na 42001T Data 10/02/11 Cad Fla DeenNaltonr etwel No. • L_ • • 15 • • • 65 of 199 Title: + CALIFORNIA -� NATIONa LCr�,�,' 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 8 16 66 of 199 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 17 67 of 199 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. 18 68 of 199 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. 19 69 of 199 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 ARM ° NDO VERGARA Acting Deputy City Manager/ Director of Community Development 20 70 of 199 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 planninq a(�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 ATTACHMENT 9 21 71 of 199 +}- CALIFORNIA -K+- NATWNAL CITir • 11 o Q aTCORPORATED 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 22 72 of 199 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 (INTERAMERICAN 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 the site for the proposed use is adequate in size and shape, since the proposed ATTACHMENT 10 23 73 of 199 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. 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 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. 24 74 of 199 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. 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.-► he applicant shall provide proof of ail 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. 25 75 of 199 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. 26 76 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 77 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City adding Chapter 8.38 of the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits. (City Attorney) Please scroll down to view the backup material. 77 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City adding Chapter 8.38 of the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits. PREPARED BY: Sr. Ass. City Attorney Nicole Pedone it DEPARTMENT: .t A • PHONE: Ext. 4221 APPROVED BY EXPLANATION: Please see Staff Report. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt an Ordinance of the City Council of the City of National City adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Staff Report 2) Ordinance 78 of 199 CALIFORNIA NATIONAL CITT INCORPORATED City Council Staff Report TO: Mayor and City Council DATE: September 3, 2019 FROM: Nicole Pedone, Assistant City Attorney SUBJECT: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits SUMMARY On May 21, 2019, The City Council directed staff to prepare an ordinance closing the loopholes in newly enacted State law, AB485 (otherwise known as "The Pet Rescue and Adoption Act"), to include prohibiting the retail sale of dogs, cats and rabbits in the City of National City using the Solana Beach and Carlsbad and other relevant state and local ordinances as model ordinances. In 1966 Congress passed the Animal Welfare Act (AWA), which outlines specific minimum standards for the care of dogs, cats and other animals bred for commercial resale. Under the AWA, certain larger scale commercial breeders are required to be licensed and regularly inspected by the United States Department of Agriculture. Effective January 1, 2019, AB485 prohibited a pet store operator from selling a dog, cat or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in a cooperative agreement with at least one private or public shelter. This new state law amended Section 31753 of the California Food and Agricultural Code, section 122357 of the California Health and Safety Code and added section 122354.5 of the California Health and Safety Code. State law requires pet stores to maintain records sufficient to document the source of each dog, cat, or rabbit the store sells or provides space for. The records must be kept for one year and must be posted in a conspicuous location on the case or enclosure of each animal and must include the name of the agency or society or nonprofit from which each animal was obtained. A pet store operator that violates these new state provisions shall be subject to at $500.00 civil penalty and each animal offered for sale in violation shall be a separate violation. 1 79 of 199 Importantly, CA Health and Safety Code section 122354.5(g) states, "This section does not prohibit a local governing body from adopting requirements that are more protective of animal welfare than those set forth in this section." RECOMMENDATION Adopt an Ordinance of the City Council of the City of National City adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits. DISCUSSION Newly enacted state law prohibiting the retail sale of dogs, cats and rabbits was passed over concerns of "puppy mills" or "kitten factories" which are commercial breeding facilities that mass produce animals for sale to the public through retail pet stores often in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care. Many of the animals face an array of health problems that are discovered after purchase at a retail store. However, there have been reported loopholes in the newly enacted state law. Pet stores can obtain animals from a rescue group that is in a cooperative agreement with at least one private or public shelter. A rescue group is defined as a tax exempt organization that does not obtain animals from breeders or brokers for compensation. Unfortunately, fake rescues groups are being created and puppies are being sold for thousands in pet stores across the state and country despite this or similar bans. These rescue groups are not holding adoption events, do not have adoption websites and do not even have animals on site. These young animals are being transported across the country changing hands numerous times. Investigations and research by both The Humane Society of the United States and Companion Animal Protection Society (CAPS) have revealed these loopholes in the law and the dangerous conditions in which these animals are bred and kept thereby posing a health and safety risk to not only the animals but also to the public. When these pet stores engage in offsite or even out of state commercial breeding and or purchase or obtain animals from offsite or out of state commercial breeders or brokers, it creates a degree of removal which obscures the ability of the City and/or the County of San Diego to regulate the conditions in which the breeding or transporting took place and/or how the animals were cared for prior to being brought to the pet store. The City Council has been approached by animal activists, animal shelters and City residents urging the City to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies. Numerous cities in San Diego County had already banned the retail sale of these animals before state law had passed. These cities include, Chula Vista (2012), San Diego (2013), Oceanside (2015), San Marcos (2018), Carlsbad (2016) and Solana Beach (2016). The proposed ordinance for the City of National City closes the loopholes in newly enacted State law and promotes not only animal safety and welfare, but also public health, safety and welfare and encourages best practices in the acquiring of dogs, cats and rabbits offered for retail sale or adoption in the City of National City. 2 80 of 199 Highlights of the proposed ordinance include: • Prohibition: A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit. • Prohibition does not apply to: o A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; o A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; o The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or o Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. • Pet shop has to maintain records just like under state law. • Investigation officials have the right to inspect the pet shops or retail pet stores during regular business hours to conduct reasonable inspections to ensure compliance. • Violations are punishable as provided in NCMC 1.20, General Penalties; 1.44, Administrative Citation; 1.48 Administrative Remedies; Public Nuisance statutes, Civil Injunction; Abatement and Removal. CEQA COMPLIANCE STATEMENT: The proposed Ordinance is exempt from the provisions of the California Environmental Quality Act ("CEQA") pursuant to Section 15061(b)(3) because there is no possibility that the activity in question may have a significant effect on the environment. RECOMMENDED ACTION Adopt an Ordinance of the City Council of the City of National City adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits. 3 81 of 199 ORDINANCE NO. 2019 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE PROHIBITING THE RETAIL SALE OF DOGS, CATS AND RABBITS 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 U.S. Congress passed the Animal Welfare Act in 1966 (7 U.S.C. § 2131 et seq.), a federal law that regulates the minimum standards of care and treatment for certain animals bred for commercial sale, including but not limited to dogs, cats and rabbits, which is enforced by the United States Department of Agriculture and Animal and Plant Health Inspection Service (USDA) and requires certain large scale animal breeders and dealers to be registered and licensed; and WHEREAS, the Pet Rescue and Adoption Act, otherwise known as AB485, a newly enacted state law effective January 1, 2019, prohibits a pet store operator from selling a dog, cat or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in cooperative agreement with at least one private or public shelter; and WHEREAS, California Health and Safety Code section 122354.5(g) allows a local governing body to adopt requirements that are more protective of animal welfare than those set forth in the Pet Rescue and Adoption Act; and WHEREAS, Investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as pass-throughs between puppy mills and pet shops; and WHEREAS, CAPS and The American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store; and WHEREAS, according to The Humane Society of the United States there are approximately 2.4 million puppies sold annually who originated from puppy mills, USDA licensed and non -USDA licensed and there are an estimated 3 million dogs and cats euthanized by shelters every year in the United States; and WHEREAS, the City Council has been approached by animal activists, animal shelters and City residents urging the City to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies; and Ordinance No. 2019 — Page 1 of 5 Retail Sales of Dogs, Cats and Rabbit: Adding NCMC Chapter 8.3E 82 of 199 WHEREAS, pet stores often engage in offsite, even out of state, commercial breeding and/or purchase animals from offsite or out of state commercial breeders or brokers creating a degree of removal which obscures the ability of the City and/or the County of San Diego Humane Society to regulate the conditions in which the breeding took place and/or how the animals were cared for prior to being brought to the pet store; and WHEREAS, the City of National City seeks to close the loopholes in California State law and enact greater protections for animal safety and welfare and for the public health, safety, and general welfare of its residents by prohibiting a pet shop or retail pet store or its operator from selling, delivering, or offering for sale, barter, auction or otherwise disposing of a cat, dog, or rabbit with exceptions for: (i) A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; (ii) A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; (iii) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or (iv) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. 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 8.38 of the National City Municipal Code is hereby added to read as follows: Chapter 8.38 Retail Sales of Dogs, Cats and Rabbits 8.38.010 Purpose. It is the purpose and intent of the city council in this chapter to promote animal safety and welfare, public health, safety and welfare, and encourage best practices in the acquiring of dogs, cats and rabbits offered for retail sale or adoption in the City of National City. 8.38.020 Definitions. For the purpose of this Chapter, the following definitions shall apply: (A) "Animal Shelter", means a public animal shelter or control facility operated by any city, county or other public agency or an entity operating under contract with any city, county or other public agency for the purpose of protecting animals from cruelty, neglect or abuse. (B) "Animal Rescue Organization", means a nonprofit organization that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code and whose mission and practice is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits. The term does not include a breeder or broker for payment or compensation. Ordinance No. 2019 — Page 2 of 5 Retail Sales of Dogs, Cats and Rabbit Adding NCMC Chapter 8.3f 83 of 199 (C) "Breeder" means a person that owns or maintains dogs, cats, or rabbits for the purpose of breeding and selling their offspring for retail or wholesale or a person required to hold a class A license pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq. (D) "Broker" means a person that transfers dogs, cats, or rabbits for resale by another person and is required to hold a class B license by the United States Department of Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq. (E) "Cat" means a Felis domesticus of either sex, altered or unaltered. (F) "Dog" means a Canis familiaris of either sex, altered or unaltered. (G) "Operator" means a person who owns or operates a retail pet store, or both, and/or who hires employees at a retail pet store or pet shop to engage in the retail sale of dogs, cats and/or rabbits. (H) "Pet Shop" or "Retail Pet Store" means any place or premise where birds, mammals, or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift. (I) "Rabbit" means an Oryctolagus cuniculus of either sex, altered or unaltered. 8.38.030 Prohibition (A) A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in subsection (B). (B) The provisions of subsection (A) shall not apply to: (1) A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; (2) A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; (3) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or (4) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. Ordinance No. 2019 — Page 3 of 5 Retail Sales of Dogs, Cats and Rabbit: Adding NCMC Chapter 8.3f 84 of 199 8.38.040 Inspection by officials (A) Each pet shop or retail pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any police officer, code enforcement officer, animal control officer, humane law enforcement officer or other investigating official. (B) The city, county, or any investigating official shall have the right to enter the premises of any pet shop or retail pet store from time to time during regular business hours to conduct reasonable inspections to ensure and verify compliance with this chapter. No person shall refuse to permit or interfere with a lawful inspection of any pet shop or retail pet store by city or county investigating officials. 8.38.050 Enforcement and Remedies (A) A violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in National City Municipal Code chapters 1.20, 1.44, and 1.48. Each event or transaction in which a dog, cat, or rabbit is sold or offered for sale in violation of this section shall constitute a separate offense. (B) Any person, operator, pet shop or retail pet store operating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this chapter and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law. (C) The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity. 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. Ordinance No. 2019 — Page 4 of 5 Retail Sales of Dogs, Cats and Rabbit Adding NCMC Chapter 8.3E 85 of 199 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 3rd day of September, 2019. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2019 — Page 5 of 5 Retail Sales of Dogs, Cats and Rabbit: Adding NCMC Chapter 8.3E 86 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 87 The following page(s) contain the backup material for Agenda Item: Public Hearing, as required by the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA), and the Adoption of a Resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City and not to exceed $72,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 268-unit multifamily rental housing project located at 817 Eta Street in National City. (Housing Authority) Please scroll down to view the backup material. 87 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing, as required by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), and the adoption of a Resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City and not to exceed $72,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 268-unit multifamily rental housing project located at 817 Eta Street in National City. PREPARED BY: PHONE: Carlos Aguirre, Director of Housing (619) 336-4391 EXPLANATION: See Attachment No. 1. DEPARTMENT: Housing Authority APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact to the City. Finance MIS ENVIRONMENTAL REVIEW: The adoption of this resolution is not subject to the provisions of the California Environmental Quality Act (CEQA) because the action will not have the potential for causing a significant effect on the environment. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1: Background Report 2: Public Hearing Notice 3: Resolution Staff Report Attachment No. 1 MEETING DATE: September 3, 2019 TO: The Mayor and City Council TITLE: Public Hearing, as required by the Tax Equity and Fiscal Responsibility Act of 1982 ("TEFRA"), and the adoption of a Resolution of the City Council of the City of National City approving the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential project pursuant to Section 142(a)(7) of the Internal Revenue Code with no fiscal impact to the City and not to exceed $72,000,000 in outstanding aggregate principal to finance the acquisition and rehabilitation of a 268- unit multifamily rental housing project located at 817 Eta Street in National City. RECOMMENDED ACTION: 1. Conduct a Tax Equity and Fiscal Responsibility Act Hearing in consideration of the issuance of tax-exempt bond financing by the California Statewide Communities Development Authority for the benefit of Fairfield Park Villas LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 268-unit multifamily rental housing project generally known as Park Villas Apartments. 2. Adopt a resolution approving the issuance of Bonds by the California Statewide Communities Development Authority not to exceed $72,000,000, for the benefit of Fairfield Park Villas LP, to provide financing for the acquisition, rehabilitation, improvement, and equipping of a 268-unit multifamily rental housing project generally known as Park Villas Apartments. PURPOSE: Fairfield Park Villas LP (the "Borrower") has requested that the California Statewide Communities Development Authority ("CSCDA") serve as the municipal issuer of tax-exempt multi -family housing revenue bonds in an aggregate principal amount not to exceed $72,000,000 (the "Bonds"). The proceeds of the Bonds will be used for the purpose of making a loan to the Borrower, to enable the Borrower to finance the acquisition, rehabilitation, improvement and equipping of a 268-unit affordable multifamily housing rental project located at 817 Eta Street, National City, California (the "Project"), which will be owned and operated by the Borrower. The Borrower will substantially rehabilitate the Project with the proceeds of the Bonds and the affordability covenants will extend for 55 years from the closing of the financing. DISCUSSION: In order for all or a portion of the Bonds to qualify as tax-exempt bonds, the City of National City ("City") must conduct a public hearing (the "TEFRA Hearing") providing the members of the community an opportunity to speak in favor of or against 89 of 199 Staff Report Attachment No. 1 the use of tax-exempt bonds for the financing of the Project. Adoption of the resolution is solely for the purposes of satisfying the requirements of the Tax Equity and Fiscal Responsibility Act (TEFRA), the Internal Revenue Code and the California Government Code Section 6500 (and following). Prior to such TEFRA Hearing, reasonable notice must be provided to the members of the community. Following the close of the TEFRA Hearing, an "applicable elected representative" of the governmental unit hosting the Project must provide its approval of the issuance of the Bonds for the financing of the Project. A public notice was published on August 23, 2019 (Attachment 2). CSCDA is a joint powers authority sponsored by the League of California Cities ("League") and the California State Association of Counties ("CSAC"). CSCDA was created by the League and CSAC in 1988 to enable local government and eligible private entities access to low-cost, tax-exempt financing for projects that provide a tangible public benefit, contribute to social and economic growth and improve the overall quality of life in local communities throughout California. CSCDA is comprised of more than 530 members, including the City of National City. CSCDA has issued more than $60 billion through 1,600 plus financings since 1988 and consistently ranks in the top 10 of more than 3,000 nationwide public issuers of tax-exempt debt, as measured by annual issuance amount. BUDGET IMPACT: There is no fiscal impact to the City. The Bonds will be issued as limited obligations of CSCDA, payable solely from revenues and receipts derived from a loan to be made by CSCDA to the Borrower with the Bond proceeds. The City bears no liability with respect to the issuance of the Bonds. Further, the City is not a party to any of the financing documents related to the Bond issuance and is not named in any of the disclosure documents describing the Bonds or the proposed financing. 2 90 of 199 Attachment No. 2 NOTICE OF PUBLIC HEARING REGARDING ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS FOR PARK VILLAS APARTMENTS NOTICE IS HEREBY GIVEN that, at 6:00 p.m., or as soon thereafter as the matter can be heard, on Tuesday, September 3, 2019, at the City Council Chambers, 1243 National City Boulevard, National City, California, the City Council of the City of National City (the "City") will conduct a public hearing as required by Section 147(f) of the Internal Revenue Code of 1986 (the "Code"), at which it will hear and consider information concerning a proposed plan of financing providing for the issuance by the California Statewide Communities Development Authority of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Code in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $72,000,000 in outstanding aggregate principal amount, to finance or refinance the acquisition, rehabilitation and development of a 268-unit multifamily rental housing project located at 817 Eta Street, National City, California. The facilities are to be owned by Fairfield Park Villas LP (the "Borrower") or a partnership of which Fairfield Residential Holdings, LLC (the "Developer") or a related person to the Developer is the general partner (the "Project"). Those wishing to comment on the proposed financing or refinancing and the nature and location of the Project may either appear in person at the public hearing or submit written comments, which must be received by the City prior to the hearing. Written comments should be sent to City of National City at 1243 National City Boulevard, National City, California 91950 Attention: City Clerk. CITY CLERK CITY OF NATIONAL CITY Dated: August 23, 2019 1 91 of 199 RESOLUTION NO. 2019 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE ISSUANCE BY THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT AUTHORITY OF EXEMPT FACILITY BONDS FOR A QUALIFIED RESIDENTIAL PROJECT PURSUANT TO SECTION 142(A)(7) OF THE INTERNAL REVENUE CODE WITH NO FISCAL IMPACT TO THE CITY AND NOT TO EXCEED $72,000,000 IN OUTSTANDING AGGREGATE PRINCIPAL TO FINANCE THE ACQUISITION AND REHABILITATION OF A 268-UNIT MULTIFAMILY RENTAL HOUSING PROJECT LOCATED AT 817 ETA STREET IN NATIONAL CITY WHEREAS, the California Statewide Communities Development Authority (the "Authority") is authorized pursuant to the provisions of California Government Code Section 6500 et seq. and the terms of an Amended and Restated Joint Exercise of Powers Agreement, dated as of June 1, 1988 (the "Agreement"), among certain local agencies throughout the State of California, including the City of National City (the "City"), to issue revenue bonds in accordance with Chapter 7 of Part 5 of Division 31 of the California Health and Safety Code for the purpose of financing multifamily rental housing projects; and WHEREAS, Fairfield Park Villas LP or a partnership of which Fairfield Residential Holdings, LLC (the "Developer") or a related person to the Developer is the general partner, has requested that the Authority adopt a plan of financing providing for the issuance of exempt facility bonds for a qualified residential rental project pursuant to Section 142(a)(7) of the Internal Revenue Code of 1986 (the "Code") in one or more series issued from time to time, including bonds issued to refund such exempt facility bonds in one or more series from time to time, and at no time to exceed $72,000,000 in outstanding aggregate principal amount (the "Bonds"), to finance or refinance the acquisition, rehabilitation and development of a 268-unit multifamily rental housing project located at 817 Eta Street, National City, California (the "Project"); and WHEREAS, pursuant to Section 147(f) of the Code, prior to their issuance, private activity bonds are required to be approved by the "applicable elected representative" of the governmental units on whose behalf such bonds are expected to be issued and by a governmental unit having jurisdiction over the entire area in which any facility financed by such bonds is to be located, after a public hearing held following reasonable public notice; and WHEREAS, the members of this City Council (this "City Council") are the applicable elected representatives of the City; and WHEREAS, there has been published, at least 7 days prior to the date hereof, in a newspaper of general circulation within the City, a notice that a public hearing regarding the Bonds would be held on a date specified in such notice; and WHEREAS, such public hearing was conducted on such date, at which time an opportunity was provided to interested parties to present arguments both for and against the issuance of the Bonds; and 92 of 199 Resolution 2019 — Page Two WHEREAS, the Authority is also requesting that the City Council approve the issuance of any refunding bonds hereafter issued by the Authority for the purpose of refinancing the Bonds which financed the Project (the "Refunding Bonds"), but only in such cases where federal tax laws would not require additional consideration or approval by the City Council; and WHEREAS, it is intended that this resolution shall constitute the approval of the issuance of the Bonds required by Section 147(f) of the Code and Section 9 of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AS FOLLOWS: Section 1. The above recitals are true and correct. Section 2. The City Council hereby approves the issuance of the Bonds and the Refunding Bonds by the Authority. It is the purpose and intent of the City Council that this resolution constitute approval of the Bonds for the purposes of (a) Section 147(f) of the Code and (b) Section 9 of the Agreement. Section 3. The officers of the City are hereby authorized and directed, jointly and severally, to do any and all things and to execute and deliver any and all documents that they deem necessary or advisable in order to carry out, give effect to and comply with the terms and intent of this resolution and the financing approved hereby. Section 4. This resolution shall take effect immediately upon its passage. PASSED and ADOPTED this 3rd day of September, 2019 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 93 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 94 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 amount of $2,330,869.70 for the Paradise Creek Park Expansion Project, CIP No. 18- 16; 2) authorizing a 15% contingency in the amount of $349,630.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 94 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING September 3, 2019 AGENDA ITEM ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Dick Miller, Inc. in the amount of $2,330,869.70 for the Paradise Creek Park Expansion Project, CIP No. 18-16; 2) authorizing a 15% contingency in the amount of $349,630.45 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lope PHONE: 619-336-4312 EXPLANATION: See attached explanation. , Associate Engineer DEPARTMENT: Engineering and Public Works APPROVED BY: �o FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: 1 J // MIS Expenditure Account: 296-409-500-598-6195 (Paradise Creek Educational Park Phase II) - $1,151,265 Expenditure Account: 001-409-500-898-1596 (WI-TOD/Paradise Creek Park) - $1,179,604.70 $1,179,604.70 in local match will be funded through the Site Infrastructure Agreement with Paradise Creek II Housing Partners, L.P., "Phase II Developer" for the Westside Infill Transit Oriented Development (WI-TOD) Project. 15% contingency Expenditure Account: 001-409-500-898-1596 (WI-TOD/Paradise Creek Park) - $349,630.45 ENVIRONMENTAL An EIR for the park site was previously prepared for the Paradise Creek Affordable Housing Development. The Project is environmentally cleared through CEQA. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF Adopt Resolution awarding a contract to Dick Miller, Inc. in the amount of $2,330,869.70 for the Paradise Creek Park Expansion Project, CIP No. 18-16. BOARD / COMMISSION N/A ATTACHMENTS 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution OR of 1 S 9 Explanation The Paradise Creek Park Project will develop an approximately 4-acre Community Park with decomposed granite (DG) walking paths, educational and interpretive signage, trees, native vegetation, bioretention areas for storm water treatment, community garden, playground and passive recreational areas, and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street. On May 16, 2017, City Council adopted Resolution No. 2017-73 authorizing the filing of an application for Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Park Project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award. In November 2017, staff was notified that National City had been awarded a $1,151,265 Urban Greening Grant for the project. The City Manager subsequently executed Grant Agreement U29121-0 in July 2018. On October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the construction of the Paradise Creek Park Site Remediation and Improvements Project, The Project began construction in December 2018, and will provide the site remediation, grading, and infrastructure improvements necessary to construct the new approximately 4-acre Paradise Creek Park. On June 27, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On July 2, 2019 and July 9, 2019, the bid solicitation was advertised in local newspapers. On July 30, 2019, six (6) bids were received by the 2:00 p.m. Bid results were immediately available for viewing on PlanetBids. Dick Miller, Inc. was the apparent lowest bidder with a total bid amount of $2,330,869.70. 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. Therefore, staff recommends awarding a contract to Dick Miller, Inc. in the not -to -exceed amount of $2,330,869.70. Staff also recommends authorizing a 15% contingency in the amount of $349,630.45 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 in May of 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 96 of 199 The required local match of $1,179,604.70 will be funded through the Site Infrastructure Agreement with Paradise Creek II Housing Partners, L.P., "Phase II Developer" for the Westside Infill Transit Oriented Development (WI-TOD) Project 97 of 199 NAME: CIP NO: DATE: TIME: TAT BID OPENING RESULTS PARADISE CREEK PARK EXPANSION 18-16 Tuesday, July 30, 2019 2:00 P.M. ESTIMATE: $1,900,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT BID SECURITY-BOONDND 1. Dick Miller Inc. 930 Boardwalk Suite H San Marcos, CA 92078 $2,330,869.70 Bond 2. C.S. Legacy Construction, Inc 1704 S. Grove Ave Ontario, CA 91761 $2,566,981.20 Bond 3, 3-D Enterprises, Inc. 3615 Kearny Villa Road, Suite 203 San Diego, CA 92123 $2,790,641.00 Bond 4. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite A San Diego, CA 92111 $2,819,757.50 Bond 5. Western Rim Constructors, Inc. 912 S Andreasen Drive, Suite 108 Escondido, CA 92029 $3,197,653.67 Bond 6 LB Civil Construction, Inc. 324 E. Valley Pkwy Escondido, CA 92025 $3,218,367.70 Bond 98 of 199 Bid Results for Parac.ise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Dr 2scription Unit Qty. Uni;: Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension ' (Quantity x Unit Price) Base Bid - General 1 Mobilization/Demobilization LS 1 $3S,560.00 $39,560.00 $133,111.00 $133,111.00 $70,000.00 $70,000.00 2 Water Pollution Cor trol LS 1 $17.000.00 $17,000.00 $37,159.00 $37,159.00 $40,000.00 $40,000.00 3 Clearing and Grubbi lg LS 1 $21,000.00 $21,000.00 $4,760.00 $4,760.00 $50,000.00 $50,000.00 4 Traffic/Pedestrian C3ntrol LS 1 $1,500.00 $1,500.00 $5,473.00 $5,473.00 $20,000.00 $20,000.00 `ubtotal $79,060.00 $180,503.00 $180,000.00 Base Bid - Grading 5 Excavation & Grading LS 1 $122,000.00 $122,000.00 $44,949.00 $44,949.00 $46,000.00 $46,000.00 ubtotal $122,000.00 $44,949.00 $46,000.00 Base E id - Other Improvements 6 Construct Concrete Stage @ Kiosk() LS 1 $13,700.00 $13,700.00 $15,863.00 $15,863.00 $12,000.00 $12,000.00 7 Construct Pedestria -1 Impervious Concrete Paving (4") SF 1,800 $9.75 $17,550.00 $9.41 $16,938.00 $12.00 $21,600.00 8 Construct Pedestria 1 Pervious Concrete Paving (4") SF 10,500 $11.85 $124,425.00 $9.62 $101,010.00 $20.00 $210,000.00 9 Construct 6" Concrete Curb LF 200 $44.00 $8,800.00 $30.24 $6,048.00 $35.00 $7,000.00 10 Construct Vehicular Pervious Concrete Paving (6" on 6" Base) SF 1,000 $16.50 $16,500.00 $16.45 $16,450.00 $25.00 $25,000.00 11 Construct Concrete Steps LS 1 $21,000.00 $21,000.00 $31,902.00 $31,902.00 $35,000.00 $35,000.00 12 Construct Concrete .Sign Rail EA 2 $2,900.00 $5,800.00 $7,424.00 $14,848.00 $15,000.00 $30,000.00 13 Construct Concrete Pedestrian Bridge LS 1 $9,400.00 $9,400.00 $16,277.00 $16,277.00 $40,000.00 $40,000.00 14 Construct DG Pavin€, (4" Over Weed SF 20,293 $4.00 $81,172.00 $2.37 $48,094.41 $3.00 $60,879.00 1 99 of 199 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 15 Construct DG Paving (4" Over Weed Cloth @ Community Garden) SF 9,158 $3.70 $33,884.60 $2.43 $22,253.94 $3.00 $27,474.00 16 Construct Steel Header LF 430 $21.50 $9,245.00 $6.50 $2,795.00 $15.00 $6,450.00 17 Construct Steel Header @ Community LF 365 $21.50 $7,847.50 $6.60 $2,409.00 $15.00 $5,475.00 18 Construct Shade Structure Cover EA 2 $6,000.00 $12,000.00 $24,889.00 $49,778.00 $12,000.00 $24,000.00 19 Construct Wood Bench on Gabion Wall EA 2 $450.00 $900.00 $2,677.00 $5,354.00 $3,000.00 $6,000.00 20 Construct 1.5" Galvanized Pipe 2-Rail LF 950 $100.00 $95,000.00 $91.00 $86,450.00 $60.00 $57,000.00 21 Construct 1.5" Galvanized Pipe 2-Rail LF 500 $100.00 $50,000.00 $96.00 $48,000.00 $60.00 $30,000.00 22 Construct Concrete Seat Wall LF 400 $275.00 $110,000.00 $127.49 $50,996.00 $100.00 $40,000.00 23 Construct Concrete Plinth EA 2 $3,700.00 $7,400.00 $2,141.00 $4,282.00 $8,000.00 $16,000.00 24 Construct Stake Posi EA 4 $700.00 $2,800.00 $1,716.00 $6,864.00 $12,000.00 $48,000.00 25 Construct ADA Ramp EA 1 $3,500.00 $3,500.00 $2,073.00 $2,073.00 $5,000.00 $5,000.00 26 Construct Shed with Concrete Pad LS 1 $5,500.00 $5,500.00 $8,377.00 $8,377.00 $10,000.00 $10,000.00 27 Replace existing Kiosko Shade Fabric LS 1 $18,400.00 $18,400.00 $16,007.00 $16,007.00 $6,000.00 $6,000.00 28 Provide and Install Emergency Access Post Knox Boxes EA 4 $200.00 $800.00 $1,367.00 $5,468.00 $2,000.00 $8,000.00 29 Obtain, Prepare and Install Hammer Head Artifact EA 1 $3,100.00 $3,100.00 $3,364.00 $3,364.00 $4,000.00 $4,000.00 30 Obatin, Prepare and Install Steel Ball Floats Artifacts EA 4 $1,900.00 $7,600.00 $1,162.00 $4,648.00 $4,000.00 $16,000.00 31 Obtain Prepare and Install Hammer EA 1 $3,100.00 $3,100.00 $3,364.00 $3,364.00 $4,000.00 $4,000.00 32 Remove and Dispose of Easterly Boundary Chain Link Fence and Cap LS 1 $7,500.00 $7,500.00 $14,368.00 $14,368.00 $10,000.00 $10,000.00 2 100 of 199 Bid Results for Parac ise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Uni': Price Extension (Quantity x Unit Price Unit Price) Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 33 Provide and Install l runcated Domes Per SDRSD G-30 LS 1 $2,200.00 $2,200.00 $1,065.00 $1,065.00 $4,000.00 $4,000.00 34 Provide and Install Lending Library LS 1 S500.00 $500.00 $920.00 $920.00 $12,000.00 $12,000.00 35 Provide and Install F.ubberized Resilient Surfacing & Base/Subdrainage SF 5,125 $25.30 $129,662.50 $28.04 $143,705.00 $27.00 $138,375.00 36 Provide and Install 120 Silica Play Sand, 16" Deep CY 35 ';169.00 $5,915.00 $147.00 $5,145.00 $200.00 $7,000.00 37 Provide and Install E icycle Rack EA 2 $1.050.00 $2,100.00 $1,346.00 $2,692.00 $2,000.00 $4,000.00 38 Provide and Install Thade Structures EA 9 $13.200.00 $118,800.00 $14,480.00 $130,320.00 $20,000.00 $180,000.00 39 3rd Party Playground Audit LS 1 $2,900.00 $2,900.00 $2,859.00 $2,859.00 $3,000.00 $3,000.00 40 Provide and Install F lay Structures (2-5 & 5-12 Yrs) LS 1 $163,000.00 $163,000.00 $162,475.00 $162,475.00 $90,000.00 $90,000.00 41 Provide and Install ; Rail, 7" Wood Post & 4" Wood Rail Fence LF 190 >105.00 $19,950.00 $164.00 $31,160.00 $100.00 $19,000.00 42 Provide and Install Hot Ash Containers EA 1 $1,272.00 $1,272.00 $2,940.00 $2,940.00 $2,000.00 $2,000.00 43 Provide and Install Fitness Equipment LS 1 $8,820.00 $8,820.00 $10,512.00 $10,512.00 $16,000.00 $16,000.00 44 Provide and Install Fet Waste Station EA 3 S350.00 51,050.00 $519.00 $1,557.00 $1,000.00 $3,000.00 45 Provide and Install High/Low Drinking Fountain With Connection EA 1 $ .,500.00 $9,500.00 $9,945.00 $9,945.00 $10,000.00 $10,000.00 46 Provide and Install E4" Benches With Backs & Armrests EA 30 $1,069.00 $32,070.00 $1,256.00 $37,680.00 $1,600.00 $48,000.00 47 Provide and Install 2" ADA Picnic Table EA 8 $1,279.00 $10,232.00 $1,790.00 $14,320.00 $2,000.00 $16,000.00 48 Provide and Install /2" Picnic Tables EA 11 $1,207.00 $13,277.00 $1,532.00 $16,852.00 $1,900.00 $20,900.00 49 Provide and Install z 8" Kids Picnic Tables EA 5 $1,088.00 $5,440.00 $1,577.00 $7,885.00 $1,700.00 $8,500.00 3 101 of 199 Bid Results for Parac`ise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item D'scription Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantity x Unit Price) 50 Provide and Install Trash Receptacles EA 6 ,434.00 $2,604.00 $627.00 $3,762.00 $2,000.00 $12,000.00 51 Fine Grading and Sol Preparation, Testing, and Amendments LS 1 $3,600.00 $39,600.00 $71,695.00 $71,695.00 $20,000.00 $20,000.00 52 Provide and Install EnergiPlant EA 1 $1E,400.00 $16,400.00 $15,541.00 $15,541.00 $26,000.00 $26,000.00 53 Provide Playground Audit LS 1 $2,900.00 $2,900.00 $2,859.00 $2,859.00 $2,000.00 $2,000.00 54 Trees, 72" Box EA 11 $7,300.00 $80,300.00 $8,169.00 $89,859.00 $10,000.00 $110,000.00 55 Shrubs, 15 Gallon EA 54 S116.00 $6,264.00 $171.00 $9,234.00 $160.00 $8,640.00 56 Shrubs, 5 Gallon EA 340 $21.00 $7,140.00 $23.00 $7,820.00 $35.00 $11,900.00 57 Shrubs, 1 Gallon EA 4,519 $13.00 $58,747.00 $15.00 $67,785.00 $11.00 $49,709.00 58 Mulch SF 50,240 $0.48 $24,115.20 $0.64 $32,153.60 $0.70 $35,168.00 59 Hydroseed/Seed BlE nket SF 13,951 $0.70 $9,765.70 $0.75 $10,463.25 $1.00 $13,951.00 60 180 Day Landscape Maintenance MO 6 $2,300.00 $13,800.00 $3,881.00 $23,286.00 $2,000.00 $12,000.00 61 Provide and Install I:-rigation System LS 1 $10C,600.00 $100,600.00 $143,096.00 $143,096.00 $150,000.00 $150,000.00 62 Provide and Install Electrical System LS 1 $34,248.00 $34,248.00 $37,292.00 $37,292.00 $60,000.00 $60,000.00 63 Provide and Install Lighting System LS 1 $364,857.00 $364,857.00 $397,273.00 $397,273.00 $520,000.00 $520,000.00 ubtotal $1,964,953.50 $2,098,432.20 $2,378,021.00 Bas? Bid - Security Systems 64 Furnish and Install 33 Strand SMFOC with Tracer Wire LF 1,400 $4.20 $5,880.00 $4.57 $6,398.00 $5.00 $7,000.00 65 Furnish and Install 12 Strand SMFOC with Tracer Wire LF 1,500 $3.46 $5,190.00 $3.77 $5,655.00 $4.00 $6,000.00 66 Furnish and Install C utdoor Shielded CAT 6 Cable LF 800 $3.67 $2,936.00 $4.00 $3,200.00 $4.00 $3,200.00 4 102 of 199 Bid Results for Paradise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 67 Furnish and Install 2 #6 Electrical Wires and 1 #8 Ground and Necessary Splicing LF 2,320 $4.41 $10,231.20 $4.80 $11,136.00 $6.00 $13,920.00 68 Furnish and Install 2" EMT Conduit with Electrical Wires and Fasten to Interior LF 15 $37.80 $567.00 $42.00 $630.00 $100.00 $1,500.00 69 Furnish and Install 2" PVC Conduit with Mule Tape LF 1,000 $22.57 $22,570.00 $24.58 $24,580.00 $16.00 $16,000.00 70 Furnish and Install 3" PVC Conduit with Mule Tape LF 300 $31.50 $9,450.00 $34.30 $10,290.00 $20.00 $6,000.00 71 Furnish and Install #5 Pull Box with EA 12 S821.00 $9,852.00 $895.00 $10,740.00 $800.00 $9,600.00 72 Furnish and Install 36-Strand Fiber Optic Splice Closure EA 1 $1,638.00 $1,638.00 $1,784.00 $1,784.00 $1,600.00 $1,600.00 73 Furnish and Install Wall Mount Cabinet with 19" Rack Mour:t Shelf, Dual -Fan Kit, and Surge -Protected Power Strip EA 1 $3,276.00 $3,276.00 $3,568.00 $3,568.00 $3,500.00 $3,500.00 74 Furnish and Install Cisco 3850 Switch with 10 GB Module EA 1 $11,235.00 $11,235.00 $12,234.00 $12,234.00 $12,000.00 $12,000.00 75 Furnish and Install Fiber Distribution Unit with 4U Rack Mount and 4 12-Port Splice EA 1 $3,675.00 $3,675.00 $4,002.00 $4,002.00 $4,000.00 $4,000.00 76 Furnish and Install Hardened Swith with Power Supply and DIN Rail Mounting EA 3 $1,155.00 $3,465.00 $1,258.00 $3,774.00 $1,000.00 $3,000.00 77 Furnish and Install 12-Strand Fiber Optic Fan -Out Kit Inside SEPCO Battery EA 3 S197.00 $591.00 $215.00 $645.00 $100.00 $300.00 78 Furnish and Install 3-20A Breakers on Existing Panel "A" LS 1 S388.00 $388.00 $424.00 $424.00 $3,000.00 $3,000.00 79 Fiber Splicing and Termination LS 1 $1,706.00 $1,706.00 $1,858.00 $1,858.00 $2,000.00 $2,000.00 80 Fiber Testing and Documentation LS 1 $2,205.00 $2,205.00 $2,401.00 $2,401.00 $2,000.00 $2,000.00 5 103 of 199 Bid Results for Parac'ise Creek Park Expansion, CIP No. 18-16 Dick Miller Inc. C.S. Legacy Construction, Inc 3-D Enterprises, Inc Item No. Item Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 81 Blue Violet Coordination prior to Blue Violet Installation and Testing LS 1 $1.00 $1.00 $5,009.00 $5,009.00 $3,000.00 $3,000.00 Subtotal $94,856.20 $108,328.00 $97,620.00 Additive Bid 82 Construct 8' Tall Fence Double Gates @ Community Garden EA 1 $8,200.00 $8,200.00 $16,112.00 $16,112.00 $12,000.00 $12,000.00 83 Construct 8' Tall Galvanized Mesh Fence @ Community Garden LF 400 !';147.00 $58,800.00 $252.00 $100,800.00 $180.00 $72,000.00 84 Sand, Primer and Paint Kiosko Posts LS 1 $3,000.00 $3,000.00 $17,857.00 $17,857.00 $5,000.00 $5,000.00 Subtotal Additive Bid $70,000.00 $134,769.00 $89,000.00 Grard Total $2,330,869.70 $2,566,981.20 $2,790,641.00 6 104 of 199 OWNER - CONTRACTOR AGREEMENT PARADISE CREEK PARK EXPANSION, CIP NO. 18-16 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 3rd day of September, 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 105 of 199 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 provisionsbefore 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 l 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 thls 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 106 of 199 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 of this 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: ___ ____C;;_j (Initial) e (Initial) 107 of 199 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: Alejandra Sotelo-Solis Mayor, City of National City Contractor: Dick Miller, Inc. (Owner/Officer signature) APPROVED AS TO FORM: GLEN BULLOCK - PRESIDENT/OWNER/SECRETARY Print name and title By: Angil P. Morris -Jones City Attorney (Second officer signature if a corporation) &Le.0 at,LLocfL Plc.1 De n "r Print name and title #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 108 of 199 EXHIBIT A CONTRACT DOCUMENTS Qwner/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. 109 of 199 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 110 of 199 CORPORATE CERTIFICATE I, GLEN BULLLOCK certify that I 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/SECRETARY 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, GLEN BULLLOCK certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that GLEN BULLLOCK , who signed said contract on behalf of the Contractor, was then PRESIDENT/OWNER/SECRETARY 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: 111 of 199 PARTNERSHIP CERTIFICATE STATE OF N/A COUNTY OF N/A ) ss On this NIA day of N/A , 20 N/A , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: N/A N/A (Notary Seal) known to me to be N/A of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same, Signature: N/A Name (Type or Print): N/A (Notary Public in and for said County and State) My Commission expires: N/A 112 of 199 Bond No. 024241124 *Premium; $1$,503.00 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 3rd day of September, 2019, haS awarded to DICK MILLER, INC., hereinafter designated as the "Principal", the PARADISE CREEK PARK EXPANSION, CIP No. 18-16. 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 Ohlo Casualty Insurance Company as surety, are held and firmly bound unto the City Council of the City of National City hereinafter called the "Council", in the penal sum of Two Million, Three Hundred Thirty Thousand, Eight Hundred Sixty Nine and Seventy Cents ($2,330,869.70) 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, the City Council, their officers, agents, and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. 113 of 199 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 of National City and judgment is recovered, the surety shall pay all costs incurred by the Council 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 22nd day of August , 2019 The Ohio Casualty Insurance Company Bart Stewart, Attorney -in -Fact Surety (SEAL) Dick Miller, Inc. (SEAL) (SEAL) ts(�fAL) (SEAL) r� L C. Chu t,t-0 C-I (SEAL) Principal 114 of 199 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8090514 Liberty Mutual Insurance Company The Ohio Casually Insurance Company West Atnerican Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: Thal The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Molly Cashman; Bart Stewart all of the city of Encinitas , stale of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds. recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto (his 9th day of May , 2018 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company Westmerican Insurance Company By: rr'r"7 car David M. Careyrssislant Secretary ss STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 9th day of May 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that he. as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastella. Notary Public OF Upper Menon Twp.. Montgomery County �r My Commission Expires March 2B. 2.021 •r.�'+`+SYt`Ir'`�G/ Member. Pennsylvania Association al Notaries Arty P� i SP' PAS\ �1aau,fr•Z By: /VI-lQ°`-1 Teresa Pastella, Notary Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS — Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a hill, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Z2.11 day of A 1 U 20 11_. >. (0 .O IR rn as .N A (0 • O 0) Of C O Q. o < Od • (0 O 7- n.(73 NO cra▪ p. A is ▪ O >. 13 = N 00 N c 0 U co Or I5 By: LMS_I2873,022D17 Renee C. Uewe s sislant Secreta ry 2 115 of 199 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA } COUNTY OF SAN DIEGO On this 22nd day of August ) ss , 2019 , 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 corporation named as Surety The Ohio Casualty Insurance Company 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. Signature: Name (Type or Print): Erin Elyse Haugh, Notary Public Notary Public in and for said County and State My Commission expires: January6, 2022 ERIN ELYSE HAUGH Commission No. 2227679 ?� NOTARY PUBLIC - CALIFORNIA 13 SAN DIEGO COUNTY Commission Expires January 6, 2022 i3 116 of 199 Bond No. 024241124 *Premium Iucluded in Performance Bond PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. , passed the 3rd day of September, 2019, has awarded DICK MILLER, INC.hereinafter designated as the "Principal", the PARADISE CREEK PARK EXPANSION,. CIP NO. 18-16. 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 andThe Ohio Casualty InsuranceCompany as surety, are held and firmly bound unto the City Council of the City of National City, hereinafter called the "Council", in the penal sum of Two Million, Three Hundred Thirty Thousand, Eight Hundred Sixty Nine and Seventy Cents ($2,330,869.70) 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. 117 of 199 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 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 22nd day of August 20 19 . The Ohlo Casualty Insurance Corn any (SEAL) Dick Miller, Inc. (SEAL) (SEAL) --(SEAL) Bart Stewart. Attomcy-in-Fact (SEAL) (.ems (So Lc_ c) c jc_ (SEAL) Surety Principal 118 of 199 THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 8090513 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the Slate of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts. and West American Insurance Company is a corporation duly organized under the laws of the Slate of Indiana (herein collectively called the "Companies'), pursuant to and by authority herein set forth. does hereby name, constitute and appoint, Molly Cashman; Bart Stewart all of the city of Encinitas , state of CA each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto This 9th day of May , 2018 . The Ohio Casualty Insurance Company Liberty Mutual Insurance Company West American Insurance Company By: -- David M. Carey. --Assistant Secretary STATE OF PENNSYLVANIA COUNTY OF MONTGOMERY On this 9th day of May , 2018 , before me personally appeared David M- Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casually Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing an behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Paslelta, Notary Public By: Upper Marion Twp., Montgomery County My Commission Expires March 28,2021 1?%4, P Member. Pennsytvnuia Assucta Imn of Notanes This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV— OFFICERS —Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have lull power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted 10 any representative or attorney -in -fact under the provisions of this article may be revoked at any lime by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts — SECTION 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to actin behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surely obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of allorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such Instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surely any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the sane force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casually Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in hill force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this Z2 tint! day of Au 0 , 20 t LMS_r2873_022017 ss By: Teresa Pastella, Notary Public Renee C. LlewelyTC' ssistant Secretary 2,e Cr,r, 119 of 199 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF CALIFORNIA COUNTY OF SAN DIEGO On this day 22nd of August Notary Public in and for said County and State, personally appeared known to me to be the person Bart Stewart whose name is subscribed to the within instrument as the attorney -in -fact of the , 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. The Ohio Casualty Insurance Company } ) ss ) , 20 19 , before me, the undersigned, a 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. Signature: 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 PUBLIC - CALIFORNIA 3 SAN DIEGO COUNTY Commission Expires January 6, 2022 120 of 199 F i City of National City (To be submitted only when there are no employees subject to Workers' Compensation) DECLARATION AND ADDENDUM TO ALL CONTRACTS AWARDED TO: DICK MILLER INC (Company Name) For the purpose of inducing the City of National City to go forward with any contracts awarded to DICK MILLER INC (Company), I declare as follows: GLEN BULLOCK (nema) , PRESIDENT/OWNER/SECRETARY (UUs), am authorized to execute this document on behalf of (company) with respect to compliance with the California Workers' Compensation and Labor laws. All work required will be performed personally and solely by volunteers of DICK MILLER INC (company), who are independent contractors, lf, however, DICK MILLER INC (company) shall ever be required to hire employees or Subcontractors to perform this contract, DICK MILLER INC (company) shall obtain Workers' Compensation Insurance and/or provide proof of Workers' Compensation Insurance coverage to the City of National City. This document constitutes a declaration by DICK MILLER INC (company) against its financial interest, relative to any claims which may be asserted under the California Workers' Compensation and/or Labor Taws against the City of National City relating to any bid or contract awarded DICK MILLER INC (company). DICK MILLER INC (company) will defend, indemnify, and hold harmless the City of National City, its officers and employees, from any and all claims and liability, including Workers' Compensation claims and liability that may be asserted or established by any party in the event it hires an employee in violation of this addendum or if a volunteer of the organization makes a claim against or alleges liability of the City of National City for Workers' Compensation, and it will further indemnify the City of National City, its officers and employees, for all damages the City thereby suffers. I agree that these declarations shall constitute an addendum to any bid or contract awarded to: DICK MILLER INC (company). Dated: AUGUST 22 , 20 19 . (Insert company name in all caps) By: (Signature of Authorized Representative) GLEN BULLOCK - PRESIDENT/OWNER/SECRETARY (Name and Title) 121 of 199 15dD$3f��r�1'`iggaC7� luI' 14'"'6 iF��+'Csl-iO'MO'Pl l� �T 1 i 7szx 108926 CITY 'OF NATIONAL CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICEN&EISHEREBY GRANTED FOR THE TERM & PURPOSESTATED BUS DESCRIPTION GENERAL CONT.IACTOR BUSINESS ADDRESS 930.BOARDWALKST • BUSINESS NAME ATTN: MAILING ADDRESS DICK MILLER INC 930 BOARDWALK STE H. SAN MARCOS, CA 92078-2634 NON TRANSFERABLE . POST IN A CONSPICUOUS PLACE. D.:ate of Expiration: 12/31/2019 City. Manager THIS DOCUMENT HAS A TRUE WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES 647W B10:SIWESS NAME -..,d'ACE ELECTRIC, INC „,.. j THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIBHT KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 64766 A SB1186' TOTAL $50.00 $4.00 $54.00 National City 95 124:i Ndtiunel CitY Blvd. BIN it,; 4330 / 67217 019 09:02:30.000 Vdlidatian Receipt RUH CHMK I IN ;_'3 CIIARLL;S- 001-00000-3040 81 PACIFIC PI: AY SYSTES /5.00 OOT-00(1(X)-3043 SII 1186 PACIF [C PLAY SYSTE$ 4.00 Stt-total stttvtttst79.00 PAYNtNT- Nestercard • MC SALINA TLtA)HAR $ 78.00 Ste attattttp.(10 .ICENSE APPLICATION NATION 13 INCOMPLETE. ENCLOSE PAYMENT 1E CITY OF NATIONAL CITY. OR PRINT {RMAT19N LOgAL eusmESS1'riQi{€ cONAL CITY 1 ROOM/SUITE NO. JD/OR P.O. BO, ROOM/SURE NO. QX NO• STATE ZIPCMDI 0 CASHIER'S COPY b r Iwnx, ..,,,., . .. — • t AND COM LETF. TF APPLICABLE BUSINESS LICENSE it ALL LICENSES EXPIRE DECEMBER 31 RENEWALS ARE DUE BY FEBRUARY 28 National City 5a THIS STUB WH A�� • . 1 '7 •!PAW. OFFICIAL FIECE 1 67277 08/26/ ' v' • . 23 el Fantic q?�C r 4 ' 30 75,00 SBtT ES I C 3.07 Processing Fee/Misc. $ Fire Inspection Fee$ SB1186 $ 4.00 TOTAL $ f 9/ V NEW BUSINESS IN NATIONAL CITY; BUSINESS WILL OPEN1DPENED ON: OWNERSHIP CHANGE; PREVIOUS BUSINESS NAME: CHECK ONE- A. I ' WHOLESALE B.. 1 RETAIL C SERVICE D. 0 RENTAL UNITS, it OF UNITS E, I MANUFACTURING F. rl OFFICE BUILDING SQUARE FOOTAGE (applicable to commercial addresses): TOTAL NO. OF BEDS (applicable to Health Care Facilities): STATE LICENSE r/ HEALTH PERMIT/ ABC R/ DRIVERS LIC Y C161446 STATE RESALE M to1-1-11q,ist FEDERAL ID 1/ SOCIAL SEC. i 01— U G 00 log DESCRIBE BUSINESS FULLY — INCUDE PRUtCTPAL PRODUCT OR SERVICE (AP},l64.1 C4,-0 i . vy.- - ?Icy/ cdFG'"„'t- E.qui r%AIi".I NUMBER OF BUSINESS VEHICLES OPERATING IN NATIONAL CITY WITH YOUR COMPANY ADVERTISING (LOGO) ON THEM D. OWNERSHIP INFORMATi(N ONE: 1, 0 SINGLE PROPRIETORSHIP 2. U PARTNERSHIP C,VCORPORATION CFIEcx LIST OWNFA/PARTNERS/CORPORATE OFFICERS T FA MI i�fS2,c�Ltt' HOME PHONE_ *G{�- h�-3LS r3evcl.v1EDISTI ILOMEADORESS r ,/ � �� 3,9 rLS Cl I9 2 Y K4VAA `A_.. U1Y I, I is Vie STATE / c t ZIP CODE E h )02 v I O _ LAST NAME FIRST NAME - I MI TITLE 1 HOME HOME PHONE HOME ADOR SG q/y STATE ZIP CODE /EST CRDER OF PRIORITY ANO PROXIMITY TO _ THE Pf_RSON TO RE CONTACTED T NIGHT IN CASE CF OREM IN OR FIRM f eAf )Gwafato 2. DO YOU HAVE A BURGLAR ALARM? 1, 0 HO 2. M r ESI IF YES 3. (J SILENT PHONE 0 1. 0 AUDIBLE TELEPHONE 0 O -5=�7 -36/01. Scanned by CamScannF 124 of 199 National City 95 1243 National City Blvd. 619-336-4330 / 67272 OB/26/2019 07:20:45.000 Validation Receipt CHARGES- 001-00000-3040 BL PRIMO ENERGY 001-00000-3043 SB1186 PRIMO ENERGY $ Reg CHWK-FIN-23 3USINESS LICENSE APPLICATION 20.00 :ITY, CA 91950 aUIRED INFORMATION IS INCOMPLETE. ENCLOSE PAYMENT 4.00 'AYABLE TO THE CITY OF NATIONAL CITY. PLEASE TYPE OR PRINT Sub -total $**-** ***24.00 PAYMENT - Visa - VISA HEYDEN V ZANTHEN Change $ 24.00 $** ::******0.00 4E ,. GENERAL INFORMATION 1E) .A.) LOCAL BUSINESS PHONE 619-793-5442 TION IN NATIONAL CITY ROOM/SUITE NO. DIP MAILING ADDRESS AND/OR P.O. BOX I STREET NAME Trade Street ROOM/SUrrE NO. ! P.O. BOX NO. CITY San Diego PHONE NUMBER AT MAILING ADDRESS. INCLUDE AREA CODE 619-793-5442 EMAIL ADDRESS: r:hristinia@prirnoenerQy r.orr1 Rev, 6/2015 STATE CA ZIP CODE 92121 APPLICANT COPY BUS # LIC # "slatiorl_ Cit> 9E 10Ea?BwS EXHIZ}~ 43=13 i3onal Cry Blvd. .:: _ ";.LE : -1 y DUE BY ':= off °336433fs / 67272 08/26/2019 07:20:45.000 Reo CHiK-FIN 23 EL PRIMO ENERGY S 20. 00 58118E PRIMO ENERGY $ 4.00 WHEN VIAL IDAT. D; O FICIA4 n i3CE w PT FRO 4 T EIE: Ci of National City BUSINESS LICENSE DIVISION (619) 336-4330 TAXES $ MISC $ S81186 $ 4.00 TOTAL $ 4.00 INSR LTR A PRODUCER License # 0L46969 C3 Risk & Insurance Services 404 Camino Del Rio S. STE 410 San Diego, CA 92108 INSURED DICKMIL-01 CERTIFICATE OF LIABILITY INSURANCE SEIME1 DATE (MMIDDIYYYYI 8122/2019 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 policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s), NAME: CT Megan Seitz Dick Miller, inc. 930 Boardwalk Suite H & G San Marcos, CA 92070 (arc Ne,EKtl: (619) 669-8108 249 R-Mss:tnegan@c3insurance.com INSURERISI AFFORDING COVERAGE FAX (TUC, INSURER A: Associated Industries Ins. Co„ Inc INSURER B : Underwriters at Lloyds of London INSURER 0:Evanston Insurance Co 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCWSIONSAND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EPF POLICY EXP IMMIDDfYYWl tMMIODNYYYY) NAIC N 23140 15792C 35378 TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY 1 CLAIMS•MADE 1 X 1 OCCUR GENII AGGR GATE LIMIT APPLIES PER: POLICY Ella Li LOG OTHER: AUTOMOBILE LIABILITY ANY AUTO %J�qTC ONLY AUTOSUyL.�EDp AUTOS ONLY AUTOS OILY ADDL INSD SUER WVD POLICY NUMBER AES102480608 11/6l2018 11/6/2019 LIMITS EACH OCCURRENCE DAMAGE TD RENTED PREMISES (Ea occurrence) MED EXP (Any odea5rson) PERSONAL S.ADVINJURY GENERAL AGGREGATE PRODUCTS - COMM!' AGG Ida BINED1SINGLE LIMIT BODILY INJURY (Perpersani BODILY INJURY (Peraccider* PROPERTY !DAMAGE (Per accident) $ $ S 1,000,000 100,000 Excluded -1,000,000 2,000,000 2,000,000 $ $ $ $ X UMBRELLA LIAB I X I OCCUR EXCESS LIAB CLAIMS.MADE DED X RETENTION $ 0 WCISCEL000232501 11/6/2018 11/6/2019 EACH OCCURRENCE AGGREGATE WORKERS COMPENSATION ANDEMPLOYERS' LLIADIL TY ANY tOERRRIM IMTORMARTNECD ECUTIVE landatop,l NHI If yes, describe under OESCRIPTION OF OPERATIONS below POLU- $5MIL/Dod $25K N!A MKLV6ENV101307 1116/2018 11/6/2019 PEI STATUTE E.L. EACH ACCIDENT OTRH- $ 4,000,000 4,000,000 R.L. DISEASE - EA EMPLOYEE E.L. DISEASE -POLICY LIMIT TPL- $2M1L/Ded $25K S $ General LiabilityPandTEnlployers LiabilityHare UnderlyingPoliciesrPAdditional lic eseonethe Remarks Schedule, Policy be °L{aahed If more space Is rogut od] Blanket forms apply when required by written contract with the named Insured. Re: Job: Paradise Creek Park. City of National City, Its elected officials, officers, agents, employees, and volunteers are named as additional insureds as respects to General Liability per forms CG2010 07104 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 City of National City c/o Risk Manager 1243 National City Blvd National City, CA 91960 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) 01988.2015 ACORD CORPORATION. Ail rights reserved. The ACORD name and logo are registered marks of ACORD 126 of 199 POLICY NUMBER: AES102480608 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 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): Ali persons or organizations where required by written contract with the Named Insured. Locationfs) 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 organizations) 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. All 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 0 127 of 199 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 Organlzation(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 organlzation(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 9 of I ❑ 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 III — 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. NX GL. 093 08 09 includes copyrighted material of insurance Services Office, Inc., with its permission Page 1 of 1 129 of 199 AC R 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 Ileti of such endorsement(s). PRODUCER Willis of Greater Kansas City Inc, 5700 W 112th Street, Ste. 100 Overland Park, KS 68211 INSURED Barrett Business Services, Ins, L1C!F DICK MILLER, INC. 930 BOARDWALK, SUITE H SAN MARCOS, CA 92079 CERTIFICATE OF LIABILITY INSURANCE Acet;l: 252e411 CONTACT NAME; PHONE p Ex15' gqq-290 490U E- AIL ADDRESS; BESIcmis@locktona(pnity.com INS URER($) AFFORDING COVERAGE INSURER A: Ace American Insurance Co. INSURER B FAX DATE (MMIDD!YYYY) 8,22/2019 NAIC fl 22681 ENSURER G ; INSURER D INSURER E ; INSURER F ON NUIUIBER: COVERAGES Derr I IrR+R 1 c wulvroc,r'.T- E BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE D CERTIFY THAT THE ANYIES OF INSURANCE REQUIREMENT, TERM OER CONDITION OF POLICY ANY CONTRACT OR OTHER DOCUMENT \NTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADbL ASO SUB(i WVD POLICY NUMBER JMMIPPIYYYY) POLICY EFF POLICY EXP JMM(DofYYYYL LIMITS LTR LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL DAMAGE TO RENTED $ PREMISES iEaoccurrence) CLAIMS -MADE OCCUR $ MED EXP (Any ono parson) $ PERSONAL & Aux/ INJURY S GENERAL AGGREGATE GEN'L AGGREGATE LIMIT APPLIES PER: PRQ 1 1 PRODUCTS-COMPIOPAGG $ P POLICY 1 1 E LOC $ OTHER: COMBiNEDSINGLE LIMIT (Ea accident) $ AUTOMOBILE LIABILITY BODILY INJURY (Per person) $ A ANY AUTO BODILY INJURY (Par accident) A AU70S�ED AUTOS NON -MIMED PROPERTY DAMAGE Per acJldenl) $ H HIRED AUTOS — AUTOS $ EACH OCCURRENCE $ UMBRELLALIAB — OCCUR AGGREGATE $ EXCESS LIAB CLAIMS -MADE $ 1 DED RETENTION$ - I x STATUTE 1 OTH- WORKERS COMPENSATION EMPLOYERS' LIABILITY Y f N2,000,OQ0 ER E.L. EACH ACCIDENT $ A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXOLUDEC! NIA X C85202700 14111241s 1D1112019 E,L.DISEASE -EAEMPLOYEE $ 2.O00,00O (Mandatory e9escrib andNH} If es under OF OPERATIONS be:oar E.L. DISEASE - POLICY LIMIT S 2,000,000 D D�54tREPTtbN DESCRIPTION DESCRIPTION Polley Waiver RE: 30-Day OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more apace Is requl eri) Slate = CA of Subrngaliori In favor oi.ceddicate holdarwhen required by written contract Ail operations - Paradise Creek Park NoUce of Cancellation CERTIFICATE HOLDER city Of National City Cio Risk. Manager 1243 National City Blvd National City, CA 91900 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES DE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ACORD 26 (2014/01) ©1988-2014 ACORD CORPORATION. Ali rights reserved. The ACORD name and logo are registered marks of ACORD 130 of 199 Workers' Compensation and Employers' Liability Policy Named Insured Barrett susIness 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 8122/2019 Issued By (Nance of the insurance Company) Ace American Insurance Co. Insert the policy number. The remainder of the Information is to be completed only when this endorsement is issued subsequent to the preparation of the policy, 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 for 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 organization(s) arising out of the operations described. 4. Minimum Premium: INCLUDED WC 99 03 22 ,potkin_.„ Authorized Agent 131 of 199 Polley Number: Date Entered: 07/24/2019 ACCRLP' CERTIFICATE ® ��e,,,� OF LIABILITY INSURANCE DATE (IA6uodlYYYY) 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 EXTENTS OR ALTER THE COVERAGE AFFORDED EIY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE SENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: IE the certificate holder Is an ADDITIONAL INSURED, the polloy(tes) must have ADDITIONAL. INSURED provisions or be endorsed, If SUBROGATION 15 WAIVED, eubjeot to the terms and conditions of the policy, certain polleles may require en endorsement. A statement on this certificate does net confer rights to the certificate holder in lieu of such endorsemont(s), PRODUCER Bunke Xnouranae Agency 8333 Clairmont Meba Blvd Ste 202 San Diego, CA 92111 MCI' NA61Ct Bryan Bunke PNONfi (619)298 9000 PAX 008)733-3122 WC. No. E4_,. LALC, Noll 0.MAIL bnun]eo�1$arate7reeger�t.aom AD()nBsss INSURER(S) AFFOrtDINe COVERAGE NAIL I1 INsUnR A: Pa era In Durand() Exchange 21652 INSURE() Dicl]t: tiller, Inc. 930 Boardwalk Suite Fr San Maroon, CA 92078 imam a: INSURER 0; INsuuERD1 INSURER EI INSURER F r COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW FIAIIE BEEN ISSUED TO THE INSURED NAMED AU0VE 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, INsa LTR TYPi OFINBURAN0E AODL ..D SUS1I WV POLICY NUMBED POLICY EPP IMminenYVYl POLICY-EXP (Mmow YYY) LIMITS COMMERCIAL GENERAL. LIABILITY EACH OCCURRENCE $ CLAIMS•MAPE OCCUR DMAGE TOENTED PREMISES (El ano61 $ MED EXP (Any oho porsony $ PERSONAL & ADV INJURY $ BERL AG8Hl $ATE LIMIT APPLIES POLICY I 1 gia. OTHER: PER: LOG GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGO $ $ A AUTOMOBILE X _,-. LIABILITY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY — _, SCHEDULE() AUTOS NON -OWNED AUTOS ONLY X X 60672B194 1/25/2019 1/25/2020 Cohml3`IED SINGLE LIMIT (Ra accident) $1, 000,000 RODILYINJURY(Perputtee) $ BODILY INJURY (Par decided!) $ pR+PERTY DAMAGE S UMBRELLA LEAK EXCESS LIAe _ OCCUR CLAIMS.MADE , $ AGGREGATE S DEEP RETENTIONS $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNEFVEXECUTIVE Y1N OPPICERIMEMBEREXCLUDED? I (Mandatary In NH) IIyyes describe inlay DESCRIPTION OP OPERATIONS below NIA PER OTH. STATUTE - ER E.L.1?ACHACCIDENT $ EL. DISEASE • EA EMPLOYEE $ E.L. DISEASE- POLIOYLIMIT $ DESCRIPTION or OPERATIONS! LOCATIONS! VEHICLES (AGORA 1e1, Additional Romu,ka Sapodilla, may bo all oohod II morn spaao H required) 1t$h All Ogevatione Additional Insured: The City of National City, its elected officials, officers, agents, employees and volanteere. Primary and Non -Contributory and Waiver of 5nbro ration is included, CERTIFICATE HOLDER CANCELLATION City of National City 0/o Risk Manager 1243 National City Blvd National City, CA 91950 SHOULD ANY OF THS ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TH8 EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE Bryan Bunke ACORD 25 (2016/03) a 1908-2015 ACORD CORPORATION, All rights reserved. The ACORII name and logo are registered marks of ACORU Produced uslnA Forms BOSS Plus software. v ww.FormsBoss,corn; Impressive Publishing, LLO 1300-205-1977 132 of 199 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ ITCAREFULLY. Policy; 60672.81-94 FARMERS INSURANCE BUSINESS AUTO EXTENSIONS J7120 1st 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 II - Liability Coverage is amended as follows: 1, The following is added to Paragraph A,1, Who Is An Insured: 3lanketAdditional 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 of a person for whom Liability Coverage is afforded underthis policy: (1) Provided that the contract or agreement is signed and executed by you prior to the "bodily Injury" or "property damage" loss; 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 RecoveryAga inst OtherTo 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 bya 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 13.5.Other insurance: Primary And Noncontributory This insurance will be primary and will not seek contribution from any other insurance available to an additional insured under your 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 contractor 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 ofthe policy, 93.7120 1ST EDITION 9.15 Includes copyrighted material of Insurance Services Uffics, Inc„ with its permission, 17120101 PAGE 1 OF 1 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AWARDING A CONTRACT TO DICK MILLER, INC. IN THE AMOUNT OF $2,330,869.70 FOR THE PARADISE CREEK PARK EXPANSION PROJECT, CIP NO. 18-16; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $349,630.45 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on May 16, 2017, City Council adopted Resolution No. 2017- 73 authorizing the filing of an application for the Urban Greening Grant Program funds through the California Department of Natural Resources for National City's Paradise Creek Park Project and authorizing the City Manager to execute the grant agreement with California Department of Natural Resources, if selected for grant award; and WHEREAS, in November 2017, staff was notified that National City had been awarded a $1,151,265 Urban Greening Grant for the project which the City Manager subsequently executed in July 2018; and WHEREAS, in October 16, 2018, City Council adopted Resolution No. 2018-182 awarding a contract for the construction of the Paradise Creek Park Site Remediation and Improvements Project that will provide the site remediation, grading, and infrastructure improvements necessary to construct the new approximately 4-acre Paradise Creek Park; and WHEREAS, the Paradise Creek Park Expansion Project will develop an approximately 4-acre Community Park with decomposed granite (DG) walking paths, educational and interpretive signage, trees, native vegetation, bioretention areas for storm water treatment, community garden, playground and passive recreational areas, and other amenities on the west side of Paradise Creek between W. 22nd Street and W. 19th Street; and WHEREAS, on June 27, 2019, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors and on July 2, 2019 and July 9, 2019, the bid solicitation was advertised in local newspapers; and WHEREAS, on July 30, 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 $2,330,869.70; 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 May 2020; and WHEREAS, staff recommends awarding a contract to Dick Miller, Inc. in the not to exceed amount of $2,330,869.70 and to authorize a 15% contingency in the amount of $349,630.45 to address any unforeseen conditions that may arise. 134 of 199 Resolution 2019 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Paradise Creek Park Expansion Project to the lowest responsive, responsible bidder, to wit: DICK MILLER, INC. 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 not -to exceed amount of $2,330,869.70 with Dick Miller, Inc. for the Paradise Creek Park Expansion 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 $349,630.45 for any unforeseen changes. PASSED and ADOPTED this 3rd day of September, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 135 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 136 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2020 from 0.73 cent per $100 of assessed valuation to 0.67 cent. (Finance) Please scroll down to view the backup material. 136 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2020 from 0.73 cent per $100 of assessed valuation to 0.67 cent. PREPARED BY: Karim Galeana, Finance Manager DEPARTMENT: Finance PHONE: 619-336-4331 APPROVED BY: EXPLANATION: In the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of general obligation bonds to fund the construction of the new National City Library. In April 2003, the City issued the general obligation bonds in the aggregate principal amount of $6 million. Those bonds mature on August 1st of each of the years 2004 through 2028. In 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment. The amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego. Each year, the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness. For fiscal year 2020, the calculated property tax rate is 0.67 cent per $100 of assessed value. This is a 8.74% reduction from the prior year rate of 0.73 cent and the 9th consecutive tax rate reduction since fiscal year 2011. The total tax rate reduction since fiscal year 2011 is approximately 52.96%. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `j'�/Q FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Adopt the resolution, reducing the property tax rate for the Library General Obligation Bonds for fiscal year 2020 from 0.73 cent per $100 of assessed valuation to 0.67 cent. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. General Obligation Bond Tax Rate Computation for fiscal year 2020 2. Resolution 1Ji of 199 General Obligation Bond Debt Service (Fund 259) Tax Rate Computation for Fiscal Year 2020 National City Secured Valuation Unsecured Valuation HO Exemption 1 Net Secured Valuation 3 Less Delinquency Allowance 4 Net after Delinqency 5 Plus HOPTR 6 Prelim Adj Secured Valuation 7 Less Redevelopment Impact 8 Adj Sec Valuation Less Redevelopment Impact 9 Anticipated Roll Corrections 10 Adj Sec Val for Rate Computation 16 Computed Rate (per $100) 17 Plus .0001 Rate per $100 0.0066800 0.0073200 Assessed Valuation 4,066,234,027 235,634,668 28,993 4,066,234,027 4,066,234,027 28,993 4,066,263,020 4,066,263,020 4,066,263,020 0.00658000 0.00668000 FY19/20 Est. Revenue 271,624 17,248 288,873 Fund No. 6065-50 PY Rate Change: 8.7432% 11 Amount to be raised 12 Unsecured HOPTR 14 Unsecured Delinquency 15 Less Unsecured Redevelopment Impact 16 Amount to be raised by Secured Taxes 18a Tax rate times #4 18b Tax rate times HOPTR 19 Secured Proof 20 Raised by 1/100th mil 21,23 Taxes Raised I CERTIFY THAT THE ABOVE COMPUTED RATE + 1/100TH MIL IS A REASONABLE TAX RATE FOR THIS FUND 8/20/2019 Karim Galeana 1, /// Date Finance Manager 284,321 16,903 267,417 267,558 2 267,560 4,066 288,530 138 of 199 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE REDUCTION OF THE PROPERTY TAX RATE FOR THE LIBRARY GENERAL OBLIGATION BOND FOR FISCAL YEAR 2020 FROM 0.73 CENT PER $100 OF ASSESSED VALUATION TO 0.67 CENT, A DECREASE OF 8.74% WHEREAS, in the special municipal election held on March 5, 2002, more than two-thirds of National City's eligible voters approved the issuance of General Obligation Bonds to fund the construction of the new National City Public Library; and WHEREAS, in April, 2003, the City issued the Library General Obligation Bonds in the aggregate principal amount of $6 million which mature August 1st of each of the years from 2004 through 2028; and WHEREAS, in 2012, the City refinanced the bonds to lower the interest rate on the bonds and to decrease the tax burden required for repayment; and WHEREAS, the amount of principal and interest to be paid each year is generated through the proceeds of property taxes received from the County of San Diego; and WHEREAS, each year the City must establish the property tax rate that is needed to raise the revenue required to service its annual bonded indebtedness; and WHEREAS, for Fiscal Year 2020, the calculated property tax rate is 0.67 cent per $100 of assessed value, which is a 8.74% reduction from prior year rate of 0.73 cent and the 9th consecutive tax rate reduction since Fiscal Year 2011. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reduction of the property tax rate for bonded indebtedness for Fiscal Year 2020 from 0.73 cent per $100 (0.0073%) of assessed valuation to 0.67 cent per $100 (0.0067%) of assessed valuation. 2020 GENERAL OBLIGATION BONDS: 0.67 per $100 ASSESSED VALUE (0.0067%) PASSED and ADOPTED this 3rd day of September, 2019 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 139 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 140 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit for the on -site sale of beer and wine at a new restaurant (Vons Chicken) located at 811 "K" Avenue. (Applicant: Wing & Wo LLC/ Steve Rawlings) (Case File 2019-15 CUP) (Planning) Please scroll down to view the backup material. 140 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for the on -site sale of beer and wine at a new restaurant (Von's Chicken) located at 811 'K' Ave. (Applicant: Wing & Wo LLC/ Steve Rawlings) (Case File 2019-15 CUP) PREPARED BY: Chris Stanley C. S. PHONE: 619-336-4381 DEPARTMENT: 'PI APPROVED BY: EXPLANATION: The applicant is applying for a CUP for the sale of beer and wine at a new restaurant (Von's Chicken). The proposed hours for the sale of beer and wine are 10 a.m. to 9 p.m. Sunday through Thursday and 10 a.m. to 10 p.m. Friday and Saturday. A Type 41 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). The Planning Commission conducted a public hearing on August 19, 2019. Commissioners asked questions regarding sensitive uses in the area and parking for the project. 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. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: 'Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: !The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, Baca, Flores, Sendt, Yamane, DelaPaz Absent: Garcia ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2019-14 4. Reduced Plans 141 of 199 2019-15 CUP — 811 'K' Avenue — Overhead ATTACHMENT 1 1 142 of 199 Title: Case File No.: Location: CALIFORNIA NATIONAL CITY r � INCORPORATES CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 4 August 19, 2019 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT A NEW RESTAURANT (VON'S CHICKEN) LOCATED AT 811 'K' AVENUE 2019-15 CUP Southeast corner of E. 8th St. and 'K' Ave. (The Kimball) Assessor's Parcel Nos.: 556-510-63 Staff report by: Applicant: Zoning designation: Adjacent use and zoning: North: East: South: West: Environmental review: Staff recommendation: Chris Stanley, Assistant Planner Wing & Wo LLC/ Steve Rawlings Major Mixed -Use Corridor (MXC-2) MXC-2 and RS-2 - Single -Family Residential across E. 8th St. MXC-2 and RS-3 - Bethel Evangelical Church across 'L' Ave. / Multi -Family Residential MXC-2 and Major Mixed -Use District (MXD-2) — Multi -Family Residential MXC-2- Single Family Residential Not a project per California Environmental Quality Act (CEQA) Approve ATTACHMENT 2 2 143 of 199 Planning Commission Meeting of August 19, 2019 Page 2 Staff Recommendation Staff recommends approval of the on -site sale of beer and wine at a new restaurant, "Von's Chicken", subject to the attached recommended conditions. The sale of alcohol is conditionally allowed in the Major Mixed -Use Corridor zone and would be accessory to the restaurant. The proposed hours of sale for beer and wine, 10 a.m. to 9 p.m. Sunday through Thursday and 10 a.m. to 10 p.m. Friday and Saturday would be consistent with recent alcohol Conditional Use Permit (CUP) approvals. Executive Summary The business has applied for a CUP to sell beer and wine at a new restaurant (Von's Chicken). The hours for the sale of beer and wine, as proposed by the applicant, are 10 a.m. to 9 p.m. Sunday through Thursday and 10 a.m. to 10 p.m. Friday and Saturday. A Type 41 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is an existing 1,200 square -foot retail space located at 811 `K' Avenue. The restaurant will be the corner suite of the ground level of a newly built mixed -use project, The Kimball; the commercial suites for the project will continue east to 'L' Ave. Single family residential (RS-2 and MXC-2) exists north, east, and south of the property, as well as a church on the east side of 'L' Ave. Proposed Use The applicant is proposing to sell beer and wine at the new restaurant. The floor plan provided with this application shows ten tables with 30 chairs and bench seating as well as counter seating with four additional chairs. Alcohol would be delivered to the table upon request and would only be available with the sale of food. Proposed alcohol sales hours are from 10 a.m. to 9 p.m. Sunday through Thursday and 10 a.m. to 10 p.m. Friday and Saturday. No live entertainment is proposed. Analysis Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 3 144 of 199 Planning Commission Meeting of August 19, 2019 Page 3 Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 555 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Wednesday, July 10, 2019 at 5:00 p.m. at the subject restaurant. The meeting advertisement is attached (Attachment 7). There were three community member in attendance. According to the applicant, the business model was explained to those in attendance, with the only concern being that the location would not be a bar. The applicant also stated that the same 555 occupants and owners that were notified of the Planning Commission were notified of the community meeting. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school, however, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question meets this requirement with approximately 50% of its floor area devoted to seating. There are no schools within 660 feet from the site. Alcohol Sales Concentration/Location - Per State ABC, there are currently 14 on - sale licenses in this census tract (117) where a maximum of eight are recommended. For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP American Legion 35 E. 18th ST. 52 N Chuck E. Cheese's 1143 Highland Ave. 41 N Royal Mandarin 1132 E. Plaza Blvd. 41 Y VFW Post 1401 Highland Ave. 52 Y Golden Chopsticks 1430 E. Plaza Blvd. 41 Y Ginza Sushi 925 E. Plaza Blvd. 41 Y Lai Thai Restaurant 1430 E. Plaza Blvd. 41 Y Cafe La Maze 1441 Highland Ave. 47 N Grill House at Big Ben 106 E. 8th St 41 Y Yi Sushi #2 1430 E. Plaza Blvd. 41 Y Crab Fever 1420 E. Plaza Blvd. 41 Y Galbi Sushi 1519 Highland Ave. 41 Y Slappy's Burgers 1105 E. Plaza Blvd. 41 Y 4 145 of 199 Planning Commission Meeting of August 19, 2019 Page 4 Karina's 1705 Highland Ave. 41 Y * Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place * Type 47 — On -Sale General — Eating Place * Type 52 — Veteran's Club The fourteen existing licenses are for restaurants and Veteran's Clubs. Census tract 117 includes the area south of East 8th Street, north of East 18th Street, east of National City Boulevard, and west of Palm Avenue. The attached census tract map shows the location of the subject tract (Attachment 6). Hours of Operation The hours of operation for the existing license holders range from 9 a.m. to 2 a.m. for the varying properties. Recent alcohol sales hours have been between 10 a.m. and 10 p.m., as such, the proposed hours are within the recommended hours. Institute for Public Strategies (IPS) IPS provided comments recommending that owners, management, and staff be required to attend Responsible Beverage Sales and Service (RBSS) training as well as the sale of beer and wine ceasing by 10 p.m. The RBSS training is a standard condition of City Council Policy 707 and is included as a condition of approval. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 12 points, which places it in the Low Risk category. Low risk is considered 1 to 12 points (see Attachment 9). Public Comments An email was received from a nearby resident living at 922 E. 8th St. who was concerned about the amount of businesses that sell alcohol; they state that there should be more Police officers and that there are empty alcohol containers on the streets that do not get picked up. The resident also states that businesses should have their own security. Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 5 146 of 199 Planning Commission Meeting of August 19, 2019 Page 5 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 Corridor zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major Mixed -Use Corridor land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a specific plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The building is existing and not proposed to be expanded. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, 6 147 of 199 Planning Commission Meeting of August 19, 2019 Page 6 or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. In this case, alcohol sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use Corridor zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Findings for Denial Due to there being other on -sale sites in the area, there are also findings for denial as follows: 1. The census tract is currently over -concentrated with 14 on -sale licenses, where a maximum of eight are recommended. 2. The proposed use is not deemed essential to the public necessity, as there are 12 other restaurants in census tract 117 that already serve alcohol. 7 148 of 199 Planning Commission Meeting of August 19, 2019 Page 7 3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per City Council Policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan due to alcohol sales for on - site consumption being a conditionally -allowed use in the Major Mixed -Use Corridor zone. The proposed use would be accessory to the existing restaurant use in a commercial area. The addition of alcohol sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. 8 149 of 199 Planning Commission Meeting of August 19, 2019 Page 8 Options 1. Approve 2019-15 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; •or 2. Deny 2019-15 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2019-15 CUP, dated 6/18/2019) 5. Public Hearing Notice (Sent to 555 property owners & occupants) 6. Census Tract & Police Beat Maps 7. Community Meeting Advertisement / Sign -In Sheet / Minutes 8. City Council Policy 707 9. Police Department Comments 10. Public Comment 11. Resolutions !r� CHRIS STANLEY AR O VERGARA Assistant Planner Director of Community Development 9 150 of 199 RECOMMENDED FINDINGS FOR APPROVAL 2019-15 CUP — 811 'K' Avenue 1 The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption is a conditionally allowed use in the Major Mixed Use Corridor zone. 2. The proposed use is consistent with the General Plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the building is existing and not proposed to be expanded. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food; all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act, and because there is no development, it has been determined that the proposed use is not a project per the Act; there is no 10 151 of 199 calculable increase in traffic and no other impacts are anticipated. The project would not result in any physical changes to the environment. 7 The proposed use is deemed essential and desirable to the public convenience or necessity because beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use Corridor zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2019-15 CUP — 811 `K' Avenue 1 The census tract is currently over -concentrated with 14 on -sale licenses, where a maximum of eight are recommended. 2. The proposed use is not deemed essential to the public necessity, because there are three other establishments in census tract 117 that serve beer and wine. 3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 11 152 of 199 RECOMMENDED CONDITIONS OF APPROVAL 2019-15 CUP — 811 `K' Avenue General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at a new restaurant located at 811 `K' Ave. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-15 CUP, dated 6/18/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning 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 Deputy City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 12 153 of 199 7. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 8. Alcohol shall be available only in conjunction with the purchase of food. 9. The sale of alcoholic beverages shall be permitted only between the hours of 10 a.m. and 9 p.m. Sunday through Thursday and 10 a.m. through 10 p.m. Friday and Saturday. 10. This permit does not include live entertainment. If in the future the applicant chooses to add live entertainment, the Conditional Use Permit shall be amended through the Discretionary Permit process. 13 154 of 199 CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT A NEW RESTAURANT (VON'S CHICKEN) LOCATED AT 811 `K' AVE. CASE FILE NO.: 2019-15 CUP APN: 556-510-63 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, August 19, 2019, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Wing & Wo LLC) This application has been submitted for Planning Commission consideration. The project site is a new restaurant in the Major Mixed -Use Corridor (MXC-2) zone. The applicant is proposing to sell beer and wine for on -site consumption (Type 41 License) in the 1,200 square -foot commercial space. The proposed alcohol sales hours are 10 a.m. to 9 p.m. Sunday through Thursday and 10 a.m. to 10 p.m. Friday and Saturday. 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 on or before 12:00 p.m., August 19, 2019 by the Planning Division, 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 ARMANDO VERGARA Director of Community Development 14 155 of 199 36.0201 33.03 31.13 31.09 125.02 August 25, 2014 CensusTracts 2010 118.01 118.02 116.01 116,02ti. 119.02 cI Icon p. 121.01 124.02 120.02 120.03 .a lhsla ? iPP-�Irr; t.'. l,.: r{, 123.02 123.03 32.12 ii AM' 32.04 ���u rlll :�'A'2Y11W :ricer F'nunls Palk 1:45,467 0 0.375 0.75 I � 1 0 0.5 1 ,N rr,31.15 GIer14H,«, Canna, 134.12 134.21 1.5 mi 2 km Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, OpenStreelM ap contributors, and the G lS User Community 15 156 of 199 Beta ,� vP I k 11 sty holds=St_: N 4f L�?J�_ln a_ . San Diego— l4agnus iL I II St BBta�t=D Q 3 m w Pvamma �R _ Q Z -.. Z ▪ N Lg_ s.ie.st G fit,2sa - _ n hgU mf ) \citti."---_____•,—.J.--- 1- ,...v-St- Ellost stU„ St E Toyon Park'. _ E.1r 46 5gt % t � ti St 7. s e 5� 3t i` ' /3� ,e Z 7 a. 4 \\.. 1 r 1S - 3 5t `d m a National }ti \, V. ' ] E 1°s 7 % 1 1 r5; � 11rr` �; y 1Ss = ,�L tD 1_ < � 6tr Sk l = \ 1a g�va m pata `� • 4. - 7 -Z :. St ry, 1. St 1 _ . r i• 6 55tr o m 9t ti ,„ st"- . 7 c-' 1 i� St ` t2tt• '� O soi t �i '% tr, 9' �'l E 55'r ;: , 1014 , yti ''Q $ .ems-_-i_P e 52 St 5A '9 - ..ate S-_ Bfid plaza \I�. Q° e P _ `�' GatIA P, 1 n !i to St m 1 `1 m �• t -N d Aso st ��a e� 5` Yfi,y5� 8t ; 55' w E Z . O £ '18tr gt 11 4.:1\\� � stow _ F. ca o -2Otr 9• t Las Pain. - ;r St - - Copyright© and (P) 1988-2006 Microsoft Corpora on andfdr its suppliers. All rlghtsFeserved I Bons ®1990-200,5lnstaltS igId Software Corporation All rights reserved Cn ain mapping and d ection data ® 2005`Q1* Q All rights reserved. NAVTEO and NAVTEO ON' BOARD are tradema a NAVTEO. ® 2005 Tele Alias North Amerca, Inc. All rights reserved. Tele@Vlas and Tele Atlas North America are Irademarks of Tele Atlas, Inc. • �t = Scott E St I U n =pS18 VfatB-JiIY�=' V6 yn Pt e e . 0 st p4 1sa Valley 9ti Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 16 157 of 199 You are invited to attend a: COMMUNITY MEETING Date: July 10th, 2019 Time: 5:00 p.m. Address: 811 K Avenue, National City, CA This meeting is to inform citizens of a use permit application that has been filed for the service of alcoholic beverages at Vons Chicken that will be opening at 811 K Avenue, National City, CA. We are looking forward to meeting you and discussing any concerns or questions you may have regarding this proposed restaurant operations. If you can't attend the meeting, or if you have any questions before then, please feel free to contact Steve Rawlings, the Applicant's representative at 951-667-5152 or via email at SERRRawlingsbm.com. This notice is being sent to you in fulfillment of the City of National City requirements. This outreach effort to our neighbors is necessary because an application for development or use has been filed with the City of National City Planning Department. Rawlings Consulting PO Box 96 Murrieta, CA 92562 17 158 of 199 UQ <eft. /tv1q ,_at- :r ail_ i�ho Gv Hut ,4.vA v./a Cao mitre.. a-Ai`f ! 7 - F 3 t - 13 8 S yA-V i D ? y{ J/ CtnJif\JA) Steve At4 5E/5e4ct.liJii.15/7/11,(Cifrii Y f'/ 315- Lca_leQu1lAt6r (UI c" Z G u& reed a19 177 ,i1 9 Chris Stanley From: ser@rawlingspm.com Sent: Thursday, July 11, 2019 12:37 PM To: Chris Stanley Subject: RE: 2019-15 CUP Von's Chicken 811 'K' Ave. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. We showed them the space that the store would be located and gave some details about the operation such as the hours of operation and that beer is ordered at the counter and customers take them back to their seats. David, the owner, had a menu which they were able to look at. Jovita explained to David that she would be submitting a report that would include the recommendation for in -person training for the employees. David agreed that that was a good idea. Luis said that he just wanted to make sure that it wasn't going to be a bar and that there would be signage regarding alcohol. As you are aware, ABC does require certain signage and I believe those mandated signs will address his concerns. Jovita and Stelle stated that they were not opposed and Luis said he was looking forward to being a customer. The meeting last about 30 —40 minutes. Thanks, Steve Rawlings Rawlings Consulting 951.667.5152 From: Chris Stanley <cstanley@nationalcityca.gov> Sent: Thursday, July 11, 2019 12:07 PM To: ser@rawlingspm.com Subject: RE: 2019-15 CUP Von's Chicken 811'K' Ave. Thank you. Can you provide a summary of the meeting. Any questions anyone had? Or topics? Or was the only topic explaining what a Korean BBQ was? Chris Stanley Assistant Planner City of National City 1243 National City Boulevard National City, CA 91950 Office: (619) 336-4381 CALIFORNIA 1&TIONAL. Cf lr a{ "er,4 fI V Ei 51 la RG City Hall Hours: M-Th 7a-6p 1 19 160 of 199 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 1 of 5 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. 20 161 of 199 CITY COUNCIL POLICY i TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 2 of 5 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows. 1 (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine shall be sold in containers of Tess than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking Tots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) Ail cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 21 162 of 199 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 3 of 5 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 10. (off -sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part - CITY OF NATIONAL CITY 22 163 of 199 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 4 of 5 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 17. (tasting rooms) The requirements that alcohol be available only with the purchase of food and that alcohol sales not exceed food sales shall not apply to tasting rooms. 18.(tasting rooms) Sales of sealed bottles or containers (commonly known as growlers) for off -site consumption of the product manufactured by the master licensee may be sold and/or consumed at this location. 19. (tasting rooms) Hours of operation of tasting rooms shall be limited to between 10:00 a.m. to 10:00 p.m. with last call being at 9:00 p.m. 20. (tasting rooms) With the submittal of a business license for a tasting room, the Police Department shall provide an ABC Risk Assessment for each business applicant that indicates whether the business is considered a low, medium, or high risk. In the event that a risk assessment for the business allocates or more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit. CITY OF NATIONAL CITY 23 164 of 199 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 5 of 5 The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no Tess than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 24 165 of 199 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 07/01/2019 BUSINESS NAME: Vons Chicken ADDRESS: 811 K Avenue, National City, CA 91950 OWNER NAME: Wing Lok Chung DOB: 05/01/1978 OWNER ADDRESS: 10007 67th Drive, Forest Hills, NY 11374 (add additional owners on page 2) I. Type of Business ,/ Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1 pt) II. Hours of Operation Daytime hours (1 pt) 1 Close by 1 1pm (2 pts) Close after 1 1pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) ,/ No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) ,/ High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) ,/ Above (3 pts) Notes: V. Authorized on -sale licenses is capped at 8. Currently, there are 13 licenses in tract 117.00. Revised: 8/16 25 166 of 199 National City Police Department VI. Calls for Service at Location (for previous 6 months) ✓ Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) ✓ Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check ,/ No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( l2pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 12 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: W. Walters, Sergeant Revised: 8/16 Badge ID: 398 2 of 2 26 167 of 199 Chris Stanley From: Planning Sent: Monday, August 12, 2019 1:18 PM To: Chris Stanley Subject: FW: no alcohol Re: Vons Chicken From: Alicia Jacome[mailto:aliciajacome40@yahoo.com] Sent: Sunday, August 11, 2019 6:02 PM To: Planning <Planning@nationalcityca.gov> Subject: no alcohol CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. am a resident of the 922 East 8th Street. We have so many business they sell alcohol. It is not enough police to control the business and the people behavior after they drink alcohol. If they regulations and the National City Police dispatchers and have more police officer take care the problems is OK. We have lots of problems of legal drugs. We the residents struggle of the problems. Our streets are full of empty alcohol containers and nobody clean up. In another words the owner of the business have their own officer security to take their customers. 27 168 of 199 RESOLUTION NO. 2019-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR ON -SITE BEER AND WINE SALES AT A NEW RESTAURANT (VON'S CHICKEN) LOCATED AT 811 'K' AVENUE CASE FILE NO. 2019-15 CUP APN: 556-510-63 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the on -site sale of beer and wine at a new restaurant for a property located at 811 'K' Avenue at a duly advertised public hearing held on August 19, 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. 2019-15 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Lommission at the public hearing held on August 19, 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 alcohol sales for on -site consumption is a conditionally allowed use in the Major Mixed Use Corridor zone. 2. The proposed use is consistent with the General Plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community iiiy Character (LLi) element or tile General Tian. Furthermore, the property is not within a Specific Plan area. ATTACHMENT 3 28 169 of 199 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 building is existing and not proposed to be expanded. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10 p.m. and will only be available with the sale of food; all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. The proposed project has been reviewed in compliance with the California Environmental Quality Act, and because there is no development, it has been determined that the proposed use is not a project per the Act; there is no calculable increase in traffic and no other impacts are anticipated. The project would not result in any physical changes to the environment. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use Corridor zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: 29 170 of 199 General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at a new restaurant located at 811 `K' Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-15 CUP, dated 6/18/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning 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 Deputy City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provi4 nr of tl c Land Ucc. Cod. ; fcIi:co,�l;,... _.ci fo,. �,_ ,,. _ I f �•__.-. IJ vlv�Vl ..+ v1 IIL. �J .��. v uv, li �..Iiv�V�IliilUtJ �.1 IVI oily i:_.J�'�.::i f.i�ll�i.l of 11111i:. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 7 Th.-, o l , of hnho! ch !! note oe2d th c^i 1A.tith tha ann`I-,1 ronc.''` I cf ho 1� .I��t1..; City business license, the business proprietor shall submit a statement dearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to 30 171 of 199 examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 8. Alcohol shall be available only in conjunction with the purchase of food. 9. The sale of alcoholic beverages shall be permitted only between the hours of 10 a.m. and 9 p.m. Sunday through Thursday and 10 a.m. through 10 p.m. Friday and Saturday. 10. This permit does not include live entertainment. If in the future the applicant chooses to add live entertainment, the Conditional Use Permit shall be amended through the Discretionary Permit process. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. —r �..r CERTir=iCA i ION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 19, 2019, by the following vote: AYES: Natividad, Baca, Flores, Sendt, Yamane, Dela Paz NAYS: None. ABSENT: Garcia ABSTAIN: None. 31 172 of 199 1 MU! 11.4/14111711111N1L NNW; AA0115111111110111111471MIT OR olleCAD MOH R111,718111/CPERTYRIR11141SPOLC.11,168 Oak -MAC 1 Ail 11111110.10011R SIRWORA RANI MUM leeD 11111101111PIR umwela INIT111.11) WO-111.O. 01111C11131111. 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AMPPICIL RICCOCCOLLY libeli1/41 111114.1.C1IT sto. rumor ORFOIL IMMO 1411 4CCATIO11 Cr 7111 ofaimerr a LOCAIOD Velleele `17 WOW AM 117/1t1PCO1 001.11,9_ JOIRIOSTNI 14311C111117111111 ATTACHMENT 4 1_,Buummeall_..6114c III i .1-t-.11 I I II I •1•7=1.111.V.11 IMER, ,•••1,1• .1.1111111 - • , altill61171111M '111.-r Li SITE PLAN rr: 4 FILE NO.: 2O-5- SHTtBER A1.1 EtER7F-flEOWEINITTAL wait; 173 of 199 14-101. 2' 848 ./ cOsuitr 94.4 0 19'-102" GuINDOX 7 J 40°r ITINNR IIIIIiY-fiY•i* DRY GOODS STORAGE 1 L — MEAGER 11.0511. REFIRDERNION A \ / \ / \ 3'I\ L�� � N 1 �J ^°�+ylfweR 11 -9" WASH AREA • • r OV — Q �E 2. Q I COt9KLINE\I -' 12'-6"- — -- / FRYER RIVER FRYER •-E-- 5.65AGERCCORTOP 5 • • KITCHEN ENTRANCE OVEAGEIF REFER PREP TARTE /\ A Sr 5S GIEE SERVICE AREA 15' 11 3' DIETER al REGISTER 10' 10•' KITCHEN mi u u ENTRANCE T-1121" UNISEX RESTROOM r \ ` eo / —r , L I I DINING AREA 21' 6" U U L J II i�i JL II BAR • ENTRANCE VONS CHICKEN FLOOR PLAN - REV 1 (4/26/19) 318••=1'-0'• 1 Store Size: 1,267 square feet Number of Seats - 34 z w 0 0 z a M59 HOOVER AVE NATIONALRIDI CY,CAMW B 55151103,1501 InEGEAG THESE PLANS PRENAREO.Y: KATHERINE IEAOALLON SIGNATURE DATE 15/. 0 Z, ILI YU V o} Z 2 = V J UWz in o a Z z 0 RIKER 19.167 APRIL 25, 2019 MIK:=1111=1 FLOOR PLAN 33 Al.' 174 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 175 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit for a baseball academy to be located at 220 W. 25th Street. (Applicant: Jose Luis Espinoza) (Case File 2019-17 CUP) (Planning) Please scroll down to view the backup material. 175 of 199 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 3, 2019 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a baseball academy to be located at 220 W. 25th St. (Applicant: Jose Luis Espinoza) (Case File 2019-17 CUP) PREPARED BY: Chris Stanley C_ 5 PHONE: 619-336-4381 DEPARTMENT: [PI'vision APPROVED BY: EXPLANATION: The applicant has applied for a Conditional Use Permit (CUP) to operate a baseball academy at an existing industrial park. The proposed hours of operation allow for shared parking for the site, with industrial uses taking place during the day and the recreation use proposed for the evening. While noise is usually a concern for a gym -like use, with industrial uses surrounding the suite and the Interstate 5 Freeway to the west, noise should not be an issue. The Planning Commission conducted a public hearing on August 19, 2019. Commissioners asked questions regarding interior design, clientele, and business operations. 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. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ,Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, Baca, Flores, Sendt, Yamane, DelaPaz Absent: Garcia ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2019-15 4. Reduced Plans 176 of 199 2019-17 CUP — 220 West 26th Street Unit D' — Overhead N 1 ATTACHMENT 1 1 177 of 199 Title: NATION Litirir INCORPORATED CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 5 August 19, 2019 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A BASEBALL ACADEMY TO BE LOCATED AT 220 WEST 25TH STREET UNIT `D' Case File No.: 2019-17 CUP Location: 220 West 25th Street Unit `D' Assessor's Parcel Nos.: 562-340-40 Staff report by: Chris Stanley, Assistant Planner Applicant: Jose Luis Espinoza Zoning designation: Light Industrial (IL) Adjacent use and zoning: North: Commercial / Major Mixed -Use Corridor (MXC-2) East: Industrial & Mile of Cars/ IL & Commercial Automotive (CA) South: Industrial / IL West: Industrial / IL Environmental review: Not a project per California Environmental Quality Act (CEQA) Staff recommendation: Approve ATTACHMENT 2 2 178 of 199 Planning Commission Meeting of August 19, 2019 Page 2 Staff Recommendation Staff recommends approval of the baseball academy at an existing industrial park located at 220 W. 25th St. Unit 'D'. Commercial Recreation, Indoor is conditionally allowed in the Light Industrial (IL) zone. The proposed hours of operation are 3 p.m. to 8 p.m. Monday through Friday. Executive Summary The business has applied for a Conditional Use Permit (CUP) to operate a baseball academy at an existing industrial park. The proposed hours of operation allow for shared parking for the site, with industrial uses taking place during the day and the recreation use proposed for the evening. While noise is usually a concern for a gym -like use, with industrial uses surrounding the suite and the Interstate 5 Freeway to the west, noise should not be an issue. Site Characteristics The project location is an existing 2,500 square -foot industrial suite located at 220 W. 25th St. Unit 'D'. The suite is 25 feet wide by 100 feet deep and is currently an empty warehouse. The surrounding uses for the property are commercial to the north, industrial and the Mile of Cars to the east, and industrial to the south and west. Proposed Use The proposed baseball academy would include three batting cages, a reception desk, restroom, and an office. The hours of operation would be from 3 p.m. to 8 p.m. Monday through Friday. The academy would be a training space for children to attend after school. Analysis General Plan The General Plan Land Use Element designates the property as Industrial which is intended to provide areas for employment -intensive, light manufacturing, large format retail, supporting retail services, and other compatible uses. The proposed gym use is consistent with the intent of the Industrial land use designation described above, as the gym would create job opportunities and is compatible with the existing industrial uses. 3 179 of 199 Planning Commission Meeting of August 19, 2019 Page 3 Additionally, the General Plan contains City-wide goals and implementing policies. Land Use Element Goal LU-2: Calls for a mix of land uses including residential, commercial, employment, service, agricultural, open space, and recreational uses that accommodate the needs of persons from all income groups and age levels. Policies implementing this goal include: • Policy HEJ-3.5: Raise awareness about the importance of healthy behaviors and physical fitness to overall well-being. The proposal is consistent with this policy, as the baseball academy provides a location for fitness instruction and classes. • Policy LU-5.1: Support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. The academy is only proposed to be open from 3 p.m. to 8 p.m. Monday through Friday, whereas, peak hours for the industrial uses are during the day. This mix of hours will promote more activity during more hours of the day, consistent with the aforementioned policy. • Policy LU-5.11: Support efforts to reduce unemployment rates for city residents. The proposed business expansion supports efforts to reduce unemployment rates because the business will create new employment opportunities. Land Use Code (LUC) LUC Section 18.25.020 establishes permitted uses in the IL zone. The baseball academy is classified as an indoor commercial recreation use that requires a CUP in the IL zone. LUC Section 18.25.050 requires all uses to be housed in completely enclosed buildings, provided that uses which customarily include outdoor use may be permitted outside. In this case, the academy is not a use that customarily takes place outdoors and therefore must be conducted in the building. A Condition of 4 180 of 199 Planning Commission Meeting of August 19, 2019 Page 4 Approval has been included requiring that all activities be conducted in the building. Parking Requirement — LUC Section 18.45.050 prescribes the required number of off-street parking spaces by land use. This Code section requires that Indoor Commercial Recreation uses provide 2.5 spaces for each 1,000 square feet. This equates to eight parking spaces required. Industrial uses require one parking space per 1,000 square feet of floor area; with 106 parking spaces and approximately 38,000 square feet for the other suites on the parcel, there is ample parking for the site. Noise — Batting cages can be noisy and incompatible with neighboring uses. In this case, noise is not a concern, because neighboring uses are manufacturing uses in an industrial zone where moderately noisy uses are expected. In addition, all use would be conducted indoors. Mailing — All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications, as such, 47 notices were sent out. Required findings The Municipal Code contains six required findings for a CUP: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC. Indoor Commercial Recreation is permitted in the IL zone subject to a CUP per LUC section 18.25.020, and the academy complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The General Plan designates the property as an industrial land use that provides for intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses that are consistent with the use proposed by the applicant. The proposed land use is also consistent with General Plan 5 181 of 199 Planning Commission Meeting of August 19, 2019 Page 5 Policies HEJ-3.5, LU-5.1, and LU-5.11 because the proposal would raise awareness about the importance of healthy behaviors and physical fitness to overall well-being, promote activity during more hours of the day, and provide jobs. 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 proposed academy is located in an industrial zone surrounded by industrial uses on a 5.93-acre lot that far exceeds the 5,000 square foot minimum lot size in the zone. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints. The site is capable of highly intensive uses and is proposed to be converted to a less intensive use in an existing building located on a property that has suitable access and utilities 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 indoor commercial recreation use would not be injurious or detrimental to the public, as it is located in an industrial zone in and surrounded by industrial uses that primarily operate during the day; the proposed academy would operate in the evening. All training will be conducted indoors to prevent impacts on neighboring uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is not a project per CEQA due to the lack of construction. 6 182 of 199 Planning Commission Meeting of August 19, 2019 Page 6 Findings for Denial Due to there being another indoor commercial recreation use in the area, there is also a finding for denial as follows: 1. The proposed use would take away from potential industrial businesses, which are limited on where they can be conducted. Department Comments The application was routed to the City's Building and Fire departments. The Building Department provided a standard comment that the construction meet current building codes. The Fire Department provided a similar comment, that the project be designed to Fire code. Conditions of Approval Standard Conditions of Approval have been included with this permit. Additionally, a condition has been added prohibiting outdoor training. Summary The proposed use is consistent with the General Plan, as the property is designated Industrial and is intended to provide areas for employment intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses. The proposal is also consistent with the LUC because Indoor Commercial Recreation is permitted in the IL zone with a CUP and because the proposal meets all requirements of the LUC. 7 183 of 199 Planning Commission Meeting of August 19, 2019 Page 7 Options 1. Approve 2019-17 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2019-17 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2019-17 CUP, dated 7/2/2019) 5. Public Hearing Notice (Sent to 47 property owners & occupants) 6. Resolutions CHRIS STANLEY Assistant Planner ARMANDO VERGARA Director of Community Development 8 184 of 199 RECOMMENDED FINDINGS FOR APPROVAL 2019-17 CUP — 220 West 25th Street Unit D' 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC because indoor commercial recreation is permitted in the IL zone subject to a CUP per LUC section 18.25.020, and the academy complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because the General Plan designates the property as an industrial land use that provides for intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses that are consistent with the use proposed by the applicant. The proposed land use is also consistent with General Plan Policies HEJ-3.5, LU-5.1, and LU-5.11 because the proposal would raise awareness about the importance of healthy behaviors and physical fitness to overall well-being, promote activity during more hours of the day, and provide jobs. 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 proposed academy is located in an industrial zone surrounded by industrial uses on a 5.93-acre lot that far exceeds the 5,000 square foot minimum lot size in the zone. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the site is capable of highly intensive uses and is proposed to be converted to a less intensive use in an existing building located on a property that has suitable access and utilities. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed indoor commercial recreation use would not be injurious or detrimental to the public, as it is located in an industrial zone in and surrounded by industrial uses that primarily operate during the day; the proposed academy would operate in the evening. All training will be conducted indoors to prevent impacts on neighboring uses. 6. Staff has determined that the proposed use is not a project per CEQA due to the lack of construction. 9 185 of 199 RECOMMENDED FINDING FOR DENIAL 2019-17 CUP — 220 West 25th Street Unit 1. The proposed use would take away from potential industrial businesses, which are limited on where they can be conducted. 10 186 of 199 RECOMMENDED CONDITIONS OF APPROVAL 2019-17 CUP — 220 West 25th Street Unit `D' General 1. This Conditional Use Permit authorizes a baseball academy at 220 West 25th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2019-17 CUP, dated 7/2/2019). 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 Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assignee 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 Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2016 edition of the California Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire, Codes. This will require upgrading all accessibility code requirements. Fire 6. Project shall be designed to code. 11 187 of 199 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. If the structures intended use is defined as an A occupancy per the California Building Code, Section 907.2.1 of the California Fire Code and section 707.3.10 of the California Building Code shall apply. Group A occupancies not separated from one another in accordance with section 707.3.10 of the California Building Code shall be considered as a single occupancy for the purposes of applying this section. 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. All training and gym -related activities must be conducted within the building. 12 188 of 199 ` - CALIFORNIA ' gait: AL Mr r INCORPORATED CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR COMMERCIAL RECREATION INDOOR (BATTING CAGES) LOCATED AT 220 W. 25TH ST. UNIT 'D' CASE FILE NO.: 2019-17 CUP APN: 562-340-40 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, August 19, 2019, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jose Luis Espinoza) This application has been submitted for Planning Commission consideration. The project site is a suite in the National City Business Park located in the Light Industrial (IL) zone. The applicant is proposing to operate batting cages in the 2,500 square -foot commercial space. The proposed hours of operation are 3 p.m. to 8 p.m. Monday through Friday. 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 on or before 12:00 p.m., August 19, 2019 by the Planning Division, who can be contacted at 619-336-4310 or planninq(a�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 ARMANDO VERGARA Director of Community Development 13 189 of 199 RESOLUTION NO. 2019-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR A BASEBALL ACADEMY TO BE LOCATED AT 220 WEST 25TH STREET UNIT `D' CASE FILE NO. 2019-17 CUP APN: 562-340-40 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a baseball academy for a property located at 220 West 25th Street at a duly advertised public hearing held on August 19, 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. 2019-17 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 19, 2019, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a CUP and complies with all other applicable provisions of the LUC because indoor commercial recreation is permitted in the IL zone subject to a CUP per LUC section 18.25.020, and the academy complies with all provisions of the LUC as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan because the General Plan designates the property as an industrial land use that provides for intensive uses, light manufacturing, large format retail, supporting retail services, and other compatible uses that are consistent with the use proposed by the applicant. The proposed land use is also consistent with General Plan Policies HEJ-3.5, LU-5.1, and LU-5.11 because the proposal would ATTACHMENT 3 14 190 of 199 raise awareness about the importance of healthy behaviors and physical fitness to overall well-being, promote activity during more hours of the day, and provide jobs. 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 proposed academy is located in an industrial zone surrounded by industrial uses on a 5.93-acre lot that far exceeds the 5,000 square foot minimum lot size in the zone. 4. The site is physically suitable for the type, density, and intensity in use being proposed, including access, utilities, and the absence of physical constraints because the site is capable of highly intensive uses and is proposed to be converted to a less intensive use in an existing building located on a property that has suitable access and utilities. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed indoor commercial recreation use would not be injurious or detrimental to the public, as it is located in an industrial zone in and surrounded by industrial uses that primarily operate during the day; the proposed academy would operate in the evening. All training will be conducted indoors to prevent impacts on neighboring uses. 6. The proposed use is not a project per the California Environmental Quality Act because there is no construction. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a baseball academy at 220 West 25th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2019-17 CUP, dated 7/2/2019). 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 15 191 of 199 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 City Manager or assignee 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 Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2016 edition of the California Building, Electrical, Plumbing, Mechanical, Energy, Green and Fire, Codes. This will require upgrading all accessibility code requirements. 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. If the structures intended use is defined as an A occupancy per the California Building Code, Section 907.2.1 of the California Fire Code and section 707.3.10 of the California Building Code shall apply. Group A occupancies not separated from one another in accordance with section 707.3.10 of the California Building Code shall be considered as a single occupancy for the purposes of applying this section. 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. 16 192 of 199 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.AII training and gym -related activities must be conducted within the building. 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 August 19, 2019, by the following vote: AYES: Natividayli Baca, Flores, Sendt, Yamane, Dela Paz NAYS: None. ABSENT: Garcia ABSTAIN: None. 17 193 of 199 INVESTCAL REALTY CORPORATION 2333 CAMIND DEL RIO SOUTH, SUITE 210 SAN DIEGO, CA 9210E PHONE (619) 683-9455 FAX: (619) 683-9462 WWW.INVESTCALREALTY.COM EXHIBIT C: SITE PLAN FH FH 8/13 LAST MODIFIED DATE: 9/06 IRC TRANSPORTATION AVENUE /7"-rr ri2( cirri A 1,000 SF B 1,000 SF A 1,000 SF B 1.000 SF 1,000 SF 1,000 SF 1,000 SF F 1,000 SF 6 WM 2504 TRANSPORTATION 2602 TRANSPORTATION D E 1,400 1,200 SF SF F 1,200 SF 6 1,200 SF H 1,200 SF A 1,200 SF 2601 HOOVER B 1,200 SF C 1,200 SF 0 1,200 SF E 1,400 SF D 1,400 SF F 1,4D0 SF i i _„,„.. \' 23 2,500 SF B 2,500 SF C 2,500 SF 2 500 SF 107 1,793 SF 106 1,763 SF 1,768 SF 1,768SF 1.397 SF 10 2539 HOOVER WM F 1,400 SF 1100 SF 6 1,000 SF H 752 SF 1,000 SF 1,000 SF 1,000 SF 1,000 SF M 1.000 SF N 1,000 SF 660SF 2,500 SF B 2,500 SF C 2,500 SF 2,500 SF 2,500 SF 6 1,1D0 SF S 2605 HOOVER T HOOVER AVENUE NATIONAL CITY BUSINESS PARK 108 W. 25TH STREET, NATIONAL CITY, CA 91950 2605 HOOVER AVENUE, NATIONAL CITY, CA 91950 2504-2602 TRANSPORTATION AVENUE, NATIONAL CITY, CA 91950 ATTACHMENT 4 CASE FILE NO.: 26I -I? c j� SATE: 7_ 2 -Iq 1,100 SF LAND: 258,310 SF / 5.93 ACRES; BLDG: 86,141 SF PARKING SPACES: 247 INCLUDING 7 HANDICAPPED 18 194 of 199 3'-0" 11'-10114" 7'-4" 11-11 112" 65'-4 3/4" tnl T 4. 1 U jE) RECEPTION IN) RESTROOM N o Bat cage 2 - Bat cage 3 •_ 1 L-• y m 9—tP4 r L (E) WAREHOUSE (E) OFFICE " Bat cage 1 14.-101/4" 19'-3 1/2' 65'-4 314" 100'-0" 0FLOOR PLAN z 19 195 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 196 The following page(s) contain the backup material for Agenda Item: Police Hot Team Presentation. (Police) Please scroll down to view the backup material. 196 of 199 Item # 09/03/19 POLICE HOT TEAM PRESENTATION (Police) 197 of 199 CC/CDC-HA Agenda 9/3/2019 — Page 198 The following page(s) contain the backup material for Agenda Item: Update on Community Choice Aggregates (CCAs). (Engineering/Public Works) Please scroll down to view the backup material. 198 of 199 ITEM NO, 9-3-19 UPDATE ON COMMUNITY CHOICE AGGREGATES (CCAs) (ENGINEERING/PUBLIC WORKS) 199 of 199