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Agenda Packet - 10-15-19 CC HA Agenda
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL 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, OCTOBER 15, 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 122 CC/CDC-HA Agenda 10/15/2019 — 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 122 CC/CDC-HA Agenda 10/15/2019 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. National City Recognizes Francine Maigue for Community Leadership 2. Life Saving Recognition - Corporal Salvador Gil AWARDS AND RECOGNITIONS PRESENTATIONS 1. Community Survey for Cannabis. (City Manager) 4. South County Economic Development Council (SCEDC) Business Outreach Update INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 5. 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) 6. Resolution of the City Council of the City of National City adjusting Gas Tax Fund budget appropriations for Fiscal Year 2020 to appropriate $140,543.52 in additional Road Maintenance and Rehabilitation Account (RMRA) funds in order to reflect actual RMRA funds received in Fiscal Years 2018 and 2019. (Engineering/Public Works) 3 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 4 7. Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with "C" Avenue 8 Plex LLC, for the development of 10 units located at 1821 "C" Avenue and restricting the rent and occupancy of one (1) unit to a low income household in exchange for a density bonus pursuant to California Government Code Sections 65915 - 65918. (Housing Authority) 8. Resolution of the City Council of the City of National City opposing new federal oil and gas leasing in all U.S. waters off the coast of California. (City Manager) 9. Temporary Use Permit - Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on November 16, 2019 from 10:00 a.m. to 2:15 p.m. with no waiver of fees. (Neighborhood Services) 10. Warrant Register #10 for the period of 8/28/19 through 9/3/19 in the amount of $2,781,785.62. (Finance) 11. Warrant Register #11 for the period of 9/4/19 through 9/10/19 in the amount of $2,652,416.39. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City approving the designation of historic properties as recommended by the National City Historical Society and based on historic properties surveys. (Planning) NEW BUSINESS 13. Temporary Use Permit - NC Inaugural Dia de Los Muertos sponsored by The City of National City on November 1, 2019 from 12:00 p.m. to 8:00 p.m. with no waiver of fees. (Neighborhood Services) 14. Report on the process for the Ballot Measure to have the Elected Offices of City Clerk and City Treasurer to become Appointed Officers and direct the City Attorney as the Council deems appropriate. (City Attorney) 15. Reconsideration of City Councils decision to Opt Out of Microenterprise Home Kitchen Operations (MEHKO) Program Participation, which allows individuals to operate a food facility out of a private home. (City Attorney). B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY 4 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 5 NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 16. Community Development Department Rollout/Kickoff. (Community Development) MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - November 5, 2019 - 6:00 p.m. - Council Chambers - National City, California 5 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 6 The following page(s) contain the backup material for Agenda Item: National City Recognizes Francine Maigue for Community Leadership Please scroll down to view the backup material. 6 of 122 Item # 10/15/19 NATIONAL CITY RECOGNIZES FRANCINE MAIGUE FOR COMMUNITY LEADERSHIP Proclamation Forthcoming 7 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: Life Saving Recognition - Corporal Salvador Gil Please scroll down to view the backup material. 8 of 122 Item # 10/15/19 LIFE SAVING RECOGNITION - CORPORAL SALVADOR GIL 9 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 10 The following page(s) contain the backup material for Agenda Item: Community Survey for Cannabis. (City Manager) Please scroll down to view the backup material. 10 of 122 Item # 10/15/19 COMMUNITY SURVEY FOR CANNABIS (City Manager) 11 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 12 The following page(s) contain the backup material for Agenda Item: South County Economic Development Council (SCEDC) Business Outreach Update Please scroll down to view the backup material. 12 of 122 Item # 10/15/19 SOUTH COUNTY ECONOMIC DEVELOPMENT COUNCIL (SCEDC) BUSINESS OUTREACH UPDATE 13 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 14 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. 14 of 122 Item # 10/15/19 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 RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 15 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 16 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adjusting Gas Tax Fund budget appropriations for Fiscal Year 2020 to appropriate $140,543.52 in additional Road Maintenance and Rehabilitation Account (RMRA) funds in order to reflect actual RMRA funds received in Fiscal Years 2018 and 2019. (Engineering/Public Works) Please scroll down to view the backup material. 16 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adjusting Gas Tax Fund budget appropriations for Fiscal Year 2020 to appropriate $140,543.52 in additional Road Maintenance and Rehabilitation Account (RMRA) funds in order to reflect actual RMRA funds received in Fiscal Years 2018 and 2019. PREPARED BY: Jose Lopez, P.E PHONE: 1619-336-4312 EXPLANATION: See attached. ssociate Civil Engineer DEPARTMENT: APPROVED BY: Engineering/Public Works FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: 'Revenue Account: 109-00000-3416 (Gas Tax, SHC Sec 2030 RMRA) - $140,543.52 Expenditure Account: 109-409-500-598-6035 (Street Resurfacing) - $140,543.52 ENVIRONMENTAL REVIEW: The projects comply with the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: I FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: (Adopt Resolution adjusting Gas Tax Fund budget appropriations for Fiscal Year 2020 to appropriate $140,543.52 in additional RMRA funds.) BOARD / COMMISSION RECOMMENDATION: IN/A1 ATTACHMENTS: 1. Explanation w/ attachments 2. Resolution' 17 of 1222 Explanation On April 28, 2017, Governor Brown signed State Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. On November 1, 2017, the State Controller (Controller) began the process of depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. SB 1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. Therefore, in order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (Commission). SHC Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported. Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects. The State Department of Finance publishes revenue projections for cities and counties. In FY 2018 National City was eligible to receive $343,345 in RMRA funds, however, after reviewing the available documents on the State Controller's Office website (attached), and confirming with the City's Finance Department, National City received $358,663.42, an increase of $15,318.42. In FY 2019 National City was eligible to receive $1,016,456 in RMRA funds, however, after reviewing the available documents on the State Controller's Office website, and confirming with the City's Finance Department, National City received $1,141,681.10, an increase of $125,225.10. Therefore, staff recommends the City Council of the City of National City adjust Gas Tax Fund budget appropriations for Fiscal Year 2020 to appropriate $140,543.52 in additional Road Maintenance and Rehabilitation Account (RMRA) funds in order to reflect actual RMRA funds received in Fiscal Years 2018 and 2019. -1- 18 of 122 CONTROLLER OF CALIFORNIA, STATE OF CALIFORNIA P 0 BOX 942850, SACRAMENTO, CA 94250-0001 REMITTANCE ADVICE NATIONAL CITY TREASURER 1243 NATIONAL CITY BL NATIONAL CITY CA 91950 CLAIM SCHEDULE NUMBER: 1800518A PAYMENT ISSUE DATE: 08/22/2019 Financial Activity Additional Description: Road Maintenance and Rehabilitation Account - Allocation for Cities More information at http://www.sco.ca.gov/ard_local_apportionments.html Road Maintenance and Rehabilitation - Section 2032(h)(2) of the Streets & Highways Fiscal Year: 20113 Code Collection Period: 07/01/2019 Payment Calculations: City Population To 07/31/2019 Road Maintenance and Rehabilitation Gross Allocation City Eligibility Adjustment City Reporting Adjustment Gross Claim Net Claim / Payment Amount 62,257.00 $96,723.87 $0.00 $0.00 $96,723.87 $96,723.87 YTD Amount: $1,141,681.10 For assistance, please call: Erika Bosnich at (916) 323-2892 8/12/2019 275 19 of 122 CONTROLLER OF CALIFORNIA, STATE OF CALIFORNIA P 0 BOX 942850, SACRAMENTO, CA 94250-0001 REMITTANCE ADVICE NATIONAL CITY TREASURER 1243 NATIONAL CITY BL NATIONAL CITY CA 91950 CLAIM SCHEDULE NUMBER. 1700510A PAYMENT ISSUE DATE: 08/22/2018 Financial Activity Additional Description: Road Maintenance and Rehabilitation Account - Allocation for Cities More information at http://www.sco.ca.gov/ard_local_apportionments.html Road Maintenance and Rehabilitation - Section 2032(h)(2) of the Streets & Highways Fiscal Year: 2017 Code Collection Period: 07/01/2018 Payment Calculations: RMRA City Population To 07/31/2018 Road Maintenance and Rehabilitation Gross Allocation City Eligibility Adjustment City Reporting Adjustment Gross Claim Net Claim / Payment Amount YTD Amount: For assistance, please call: Erika Bosnich at (916) 323-2892 61,210.00 $76,506.84 $0.00 $0.00 $76,506.84 $76,506.84 $358,663.421 8/15/2018 275 20 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 21 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with "C" Avenue 8 Plex LLC, for the development of 10 units located at 1821 "C" Avenue and restricting the rent and occupancy of one (1) unit to a low income household in exchange for a density bonus pursuant to California Government Code Sections 65915 - 65918. (Housing Authority) Please scroll down to view the backup material. 21 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving an Affordable Housing Density Bonus Agreement with C Avenue 8 Plex LLC, for the development of 10 units located at 1821 "C" Avenue and restricting the rent and occupancy of one (1) unit to a low income household in exchange for a density bonus pursuant to California Government Code Sections 65915 - 65918. PREPARED BY: Greg Rose, Property Agent PHONE: 619-336-4266 DEPARTMENT: Housing Authority APPROVED BY: EXPLANATION: C Avenue 8PIex LLC (Developer) wants to develop their property located at 1821 "C" Avenue. Current zoning allows for the construction of 8 units by right. The Developer will restrict the rent and occupancy of one (1) unit to a low income household (below 80% of area median income) in exchange for a density bonus of 23% mandated by California Government Code Sections 65915 — 65918, which will allow the construction of an additional 2 units for a total of 10 units on the property. The Affordable Density Housing Bonus Agreement ("Agreement") will serve to memorialize the Developer's obligation to provide the one (1) affordable unit and the restriction of the affordable unit by the recordation of this agreement assuring affordability for a total of fifty-five (55) years. A Performance Deed of Trust will also be recorded to secure the Agreement on the property. See Background Report for information on the Deny tv Bps Lam, FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: The Density Bonus Agreement is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Background Report and Site Plan 2. Affordable Housing Density Bonus Agreement 3. Performance Deed of Trust 4. Resolution 22 of 122 Attachment No. 1 BACKGROUND REPORT California's Density Bonus Law is a mechanism which allows developers to obtain more favorable local development requirements in exchange for offering to build or donate land for affordable or senior units. The Density Bonus Law (found in California Government Code Sections 65915 — 65918) provides developers with powerful tools to encourage the development of affordable and senior housing, including up to a 35% increase in project densities, depending on the amount of affordable housing provided. The Density Bonus Law is about more than the density bonus itself, however. It is actually a larger package of incentives intended to help make the development of affordable and senior housing economically feasible. Other tools include reduced parking requirements, and incentives and concessions such as reduced setback and minimum square footage requirements. Often these other tools are even more helpful to project economics than the density bonus itself, particularly the special parking benefits. Sometimes these incentives are sufficient to make the project pencil out, but for other projects financial assistance is necessary to make the project feasible. In determining whether a development project would benefit from becoming a density bonus project, developers also need to be aware that: • The Density Bonus is a state mandate. A developer who meets the requirements of the state law is entitled to receive the density bonus and other benefits as a matter of right. As with any state mandate, some local governments will resist complying with the state requirement. But many local governments favor the density bonus as a helpful tool to cut through their own land use requirements and local political issues. • Use of a density bonus may be particularly helpful in those jurisdictions that impose inclusionary housing requirements for new developments. • Special development bonuses are available for developers of commercial projects who partner with affordable housing developers to provide onsite or offsite affordable housing. Special bonuses are also available for condominium conversion projects and projects that include child care facilities. • The Legislature has recently added density bonuses for housing developments for foster youth, disabled veterans, homeless persons and college students. Cities and counties are required to grant a density bonus and other incentives or concessions to housing projects which contain one of the following: • At least 5% of the housing units are restricted to very low income residents. • At least 10% of the housing units are restricted to lower income residents. • At least 10% of the housing units in a for -sale common interest development are restricted to moderate income residents. • At least 10% of the housing units are for transitional foster youth, disabled veterans or homeless persons, with rents restricted at the very low income level. • At least 20% of the housing units are for low income college students in housing dedicated for full-time students at accredited colleges. • The project donates at least one acre of land to the city or county for very low income units, and the land has the appropriate general plan designation, zoning, permits and approvals, and access to public facilities needed for such housing. Background Report Page 1 of 2 23 of 122 Attachment No. 1 • The project is a senior citizen housing development (no affordable units required). • The project is a mobile home park age -restricted to senior citizens (no affordable units required). Affordable rental units must be restricted by an agreement which sets maximum incomes and rents for those units. As of January 1, 2015, the income and rent restrictions must remain in place for a 55 year term for very low or lower income units. Rents must be restricted as follows: • For very low income units, rents may not exceed 30% x 50% of the area median income for a household size suitable for the unit. • For lower income units, rents may not exceed 30% x 60% of the area median income for a household size suitable for the unit. • Area median income is determined annually by regulation of the California Department of Housing and Community Development, based upon median income regulations adopted by the U.S. Department of Housing and Urban Development. • Rents must include a reasonable utility allowance. • Household size appropriate to the unit means 1 for a studio unit, 2 for a one bedroom unit, 3 for a two bedroom unit, 4 for a three bedroom unit, etc. In many cases, achieving a reduction in parking requirements may be more valuable than the additional permitted units. The Density Bonus Law is often used by developers to obtain more housing than the local jurisdiction would ordinarily permit, it can also be a helpful land use tool. The density bonus can provide a useful mechanism for increasing allowable density without requiring local officials to approve general plan amendments and zoning changes. A project that satisfies the requirements of the Density Bonus Law often can obtain the necessary land use approvals through the award of the density bonus units and requested concessions and incentives, without having to amend the underlying land use requirements. Although there is no specific density bonus exemption from the California Environmental Quality Act, many density bonus projects are likely candidates for urban infill and affordable housing exemptions from CEQA. One commonly invoked exemption is the Class 32 urban infill exemption found in CEQA Guidelines Section 15332. That exemption is available if the project is consistent with applicable general plan designation and zoning, the site is five acres or less and surrounded by urban uses, is not habitat for endangered, rare or threatened species, does not have any significant effects relating to traffic, noise, air quality or water quality, and is adequately served by utilities and public services. Other exemptions are available for high density housing projects near major transit stops (CEQA Guidelines Section 15195) and affordable housing projects of up to 100 units (CEQA Guidelines Section 15194). The site plans for the apartment project at 1821 C Avenue start on the following page. Background Report Page 2 of 2 24 of 122 ALLEY n NJRINBBMMF8DV 1M DM IOW lt.-._. ' ♦WwrpBw�®BWIA. • M.rr1Y1�y r....... : © 0 0 0 0 0 o a m ® m o ® aBO./. unrrxm. 0 = o = o = = = o Q=•• = , ] I r I l ea13 3^I 1S1 o 1 1 III . fc rr -twF J may! 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Re Mr Rut Site Plan Ovrtivar A101 J Attachment No. 2 No Fees per Government Code 6103 ] RECORDING REQUESTED BY: ] National City Community ] Development Commission ] ] ] WHEN RECORDED MAIL TO: National City Community Development Commission Attention: Executive Director 1243 National City Boulevard National City, CA 91950 AFFORDABLE HOUSING DENSITY BONUS AGREEMENT (1821 C Avenue, National City) THIS AFFORDABLE HOUSING DENSITY BONUS AGREEMENT ("Agreement") is dated as of the 4541^ day of Se 14) e.r , 2019, by and between the City of National City ("City"), and C Avenue 8 Plex[LLC, a California limited liability company ("Developer"). WHEREAS, Developer is the owner of that certain real property generally located at 1821 C Avenue, in the City of National City, County of San Diego, more particularly described in Exhibit "A" attached hereto ("Property"); and WHEREAS, the General Plan and Zoning Ordinance of National City permit no more than eight (8) housing units on the Property; and WHEREAS, Developer proposes to develop a total of ten (10) housing units on the Property ("Development"); and WHEREAS, pursuant to Government Code section 65915, and Sections 18.48.030, et seq. of the National City Municipal Code, the Developer has proposed to construct and restrict the rent and occupancy of one (1) residential dwelling unit ("Affordable Unit") to a low-income household in exchange for a density bonus ("Density Bonus") which will allow the construction of the ten (10) unit Development on the Property. In addition to the Density Bonus, the Developer has requested and received incentives or concessions set forth in Government Code Section 65915; and WHEREAS, This Agreement will serve to memorialize Developer's obligation to provide the one (1) Affordable Unit, the time frame for the construction and occupancy of the Affordable Unit and the restriction of the Affordable Unit by the recordation of this Agreement assuring affordability for a total of fifty-five (55) years measured from the issuance of final inspection approval for the Development. 1 26 of 122 Attachment No. 2 NOW, THEREFORE, in consideration of the foregoing and of the mutual terms and covenants hereinafter set forth and other good and valuable consideration, the City and Developer agree as follows: 1. Acknowledgement of Incentives. Developer acknowledges and agrees that, in addition to the Density Bonus, Developer is receiving incentives and concessions pursuant to and in accordance with the requirements of Government Code 65915. 2. Developer Covenants. Pursuant to and in consideration of the Density Bonus and the additional incentives and concessions, Developer hereby agrees and covenants on behalf of itself and its successors and assigns, and each successor in interest to the Property, that at all times during the term of this Agreement one (1) three bedroom residential dwelling unit on the Property shall be rented and occupied as an Affordable Unit as set forth in this Agreement. As used herein the term "Affordable Unit" shall refer to the one (1) residential dwelling unit on the Property which is held available strictly in accordance with the terms and conditions set forth in this Agreement. 3. Affordability Restrictions. (a) Area Median Income. As used herein, "Area Median Income" shall mean the area median income, as adjusted for family size, for the San Diego -Carlsbad Metropolitan Statistical Area, established periodically by the U.S. Department of Housing and Urban Development ("HUD") and published in the Federal Register. In the event HUD ceases to publish an established Area Median Income as aforesaid, the City may, in its sole discretion, use any other reasonably comparable method of computing Area Median Income. (b) Occupancy Restrictions. During the term of this Agreement, the Affordable Unit shall be occupied by a family earning at or below eighty percent (80%) of the Area Median Income. (c) Rent Amount. During the term of this Agreement, the monthly rental rate the Affordable Unit (which shall include a utility allowance based on the utility allowance schedules published annually by Landlord) shall not exceed 1/12 of thirty percent (30%) of sixty percent (60%) of the Area Median Income, as adjusted for assumed family size and utilities. The imputed household size for the Affordable Unit shall be equal to the number of bedrooms in the unit plus one. For example, the rent for a two -bedroom unit shall be calculated using sixty percent (60%) of the Area Median Income for a three -person household. 4. Restrictions. The following restrictions shall also be applicable to the Affordable Unit: (a) No Relationship With Developer. The Affordable Unit shall not be occupied or leased to Developer or any relative (by blood or marriage) of Developer or any person employed by Developer or of any individuals who are members, principals, executives, directors, partners or shareholders of Developer or in any entity having an ownership in Developer or in the Property. 2 27 of 122 Attachment No. 2 (b) No FuliTime Students. No Affordable Unit shall be occupied or leased to any household comprised exclusively of persons who are full-time students, unless such persons are married and eligible to file a joint federal income tax return and both of such persons reside in the Affordable Unit. The term "full-time student" shall be defined as any person who will be or has been a full-time student during five calendar months of the calendar year in question at an educational institution (other than a correspondence school) with regular faculty and students. (c) No Student Dependents. Notwithstanding the provisions of section 4(b), no Affordable Unit shall be occupied or leased to any student dependent as defined in the U.S. Internal Revenue Code, unless the taxpayer (upon whom the student in question is dependent) resides in the same unit. (d) No Owners of Real Property. No Affordable Unit shall be occupied or leased to any person or any household comprised of one or more persons who own real property. (e) Liquid Asset Limitation. No Affordable Unit shall be occupied or leased to any person or household holding, directly or indirectly, liquid assets whose aggregate value exceeds, at the time of determination of eligibility, eighty percent (80%) of the then -current annual Area Median Income. As used herein, the term "liquid assets" refers to cash and assets which are readily convertible to cash within a reasonable period, including but not limited to savings and checking accounts, certificates of deposit of any term, marketable securities, money market and similar accounts, mutual fund shares, and insurance policy cash values. The term "liquid assets" shall not include retirement funds which are not readily accessible or which cannot be accessed by the tenant without the tenant incurring a penalty. (f) Income of Co -Tenants. The income of all co -tenants and/or occupants shall be taken into account in determining whether a tenant or prospective tenant meets the requirements of this Agreement. (g) Eligible Tenants Increased Income. If as a result of the annual recertification procedure described above any household which was previously determined to be eligible to occupy an Affordable Unit is determined to be ineligible as a result of increased income or assets, the City will provide written notification thereof, and Developer shall have one hundred eighty days (180) from the date of notification to take all reasonable steps to pursue eviction of the ineligible household. If Developer fails to act within the one hundred eighty day (180) period, the City shall require payment of a fee by Developer, provided that no fee shall be payable so long as Developer is diligently pursuing eviction of the ineligible household by appropriate proceedings. Under this fee requirement, the ineligible tenant residing in the Affordable Unit shall pay the full market rate rent, and Developer shall pay the difference between the affordable rent and the full market rate rent, as determined by the City, to the City. The period of fee payment shall in no event exceed a period of six (6) months, at which time Developer's failure to provide such Affordable Unit to a household eligible hereunder shall constitute a material default under this Agreement. 3 28 of 122 Attachment No. 2 5. Term. Pursuant to Government Code Section 65915, this Agreement shall be effective on the date of its recordation and shall remain in force until the date that is fifty -rive (55) years from the date of issuance of final inspection approval of the Development by the City. 6. Deed of Trust. (a) Execution and Recordation. Developer shall, concurrently with the execution of this Agreement, execute, acknowledge and record a deed of trust on the Property ensuring timely performance of the obligations set forth in this Agreement ("Deed of Trust"). The Deed of Trust shall be subordinated to the construction deed(s) of trust and/or permanent financing in favor of institutional lenders, as approved by the City Manager. The subordination shall be upon such terms and conditions and for such periods of time as the City Manager may approve to protect the provision of affordable housing as required by this Agreement. The City shall reconvey the Deed of Trust following the expiration of the term of this Agreement. (b) Foreclosure on the Property. In the event of a foreclosure on the Property which eliminates the Deed of Trust, the new owner, upon five (5) days written notice from the City, shall: (i) execute, acknowledge and deliver to the City an assignment and assumption of this Agreement in a form as approved by the City, in its reasonable discretion, for recordation; (ii) execute, acknowledge and deliver to the City a deed of trust, in a form as approved by the City, in its reasonable discretion, to be recorded against the Property, in a lien priority immediately junior to the assignment and assumption of this Agreement which will secure the performance of this Agreement; and (iii) reimburse the City for all of its attorneys' fees and costs in connection with the foregoing, including all costs, attorneys' fees, and expert witnesses fees incurred by the City in obtaining compliance by the new owner, including those incurred in litigation, if any. 7. Verification of Eligibility. The Affordable Unit shall not be rented to a prospective tenant or occupied by any person unless and until the City, through its designated staff, has verified that the prospective tenant or occupant is eligible and that affordable rents will be charged in accordance with the criteria set forth in this Agreement. Developer and/or its successor in interest shall ensure that all eligibility and rent criteria are met during the term of the Agreement. Annually, on the anniversary of the initial certification of compliance, as determined by the City, during the term of this Agreement, Developer or its successor in interest shall certify to the City that the Affordable Unit is being occupied by eligible tenants. Said certification shall be on forms acceptable to the City. 8. Maintenance Standards. During the term of this Agreement, Developer shall maintain the unit(s) subject to this Agreement and the Property in a condition that satisfies the more stringent of (a) the requirements of the applicable local codes or (b) the United States Department of Housing and Urban Development's Uniform Physical Conditions Standards. The City shall have the right to inspect the Affordable Unit and the Property prior to initial occupancy and periodically during the term of this Agreement, upon three business days' notice to Developer. The City shall have the right to disclose results of those inspections to the appropriate enforcement authorities. Any deficiencies in the physical condition of the Affordable Unit shall be corrected by Developer at Developer's expense within thirty (30) days of the identification of such deficiency by the City and delivery of written notice of the same to Developer. Failure to 4 29 of 122 Attachment No. 2 maintain the unit(s) and the Property in compliance with this section shall constitute a breach of this Agreement and subject the Developer to damages as set forth in Section 13 of this Agreement. 9. Interpretation and Construction. If any provision of this Agreement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Agreement and the application of such provisions to persons or circumstances, other than those as to which it is found to be invalid, shall not be affected thereby. Nothing contained herein shall be deemed compliance with or waiver of any provision of law or conditions of approval except as expressly stated herein. 10. Design, Construction and Occupancy Schedule for the Affordable Unit. The Affordable Unit shall receive final inspection approval no later than the date that the market -rate units receive final inspection and approval. Time is of the essence in the occupancy of the Affordable Unit. The City Manager may, in his or her sole discretion, extend one or more time deadlines for performance as referenced in this Agreement for good cause. 11. Indemnity. Developer agrees to indemnify, defend and hold harmless the City, the National City Community Development Commission, and any and all of their respective councilmembers, commissioners, members, officers, agents, servants and employees (the "Indemnitees") from and against all claims, liens, claims of lien, losses, damages, costs, and expenses, whether direct or indirect, arising in any way from the construction, sale, rental or operation of the Development, the Property and/or any of the units, or from the default by Developer in the performance of its obligations under this Agreement; provided, however, that Developer shall not be required to indemnify, defend or hold harmless any of the Indemnitees from claims, losses, damages, costs and expenses related to the sole negligence or willful misconduct of the Indemnitees. 12. Agreement Binding on Successors. The terms, covenants and conditions of this Agreement shall apply to, and shall bind the parties hereto and any successors or assignees. Developer shall not sell, transfer or otherwise dispose of the Property, any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the City an express written assumption of all of Developer's obligations under this Agreement, on a form reasonably acceptable to the City. Upon assignment and assumption by a successor entity, as approved by the City, Developer shall be released from all prospective liability and responsibility under the terms of this Agreement. Developer agrees that all of its obligations hereunder shall constitute covenants, which shall run with the land and shall be binding upon the Property and upon every person having any interest therein at any time and from time to time during the term of this Agreement. Further, Developer agrees that, if a court of competent jurisdiction determines that the obligations set forth herein do not qualify as covenants running with the land, they shall be enforced as equitable servitudes. Any sale or conveyance of the Property shall be made subject to this Agreement. 5 30 of 122 Attachment No. 2 13. Damages; Enforcement; Remedies; Security. (a) Standing; Equitable Remedies; Remedies Cumulative. Developer expressly agrees and declares that the City shall be the proper party to, and shall have standing to, initiate and pursue any and all actions or proceedings, at law or in equity, to enforce the provisions hereof and/or to recover damages for any event that is expressly stated to be a material default hereunder and which event remains uncured following sixty (60) days' written notice to Developer from the City (or up to one hundred twenty (120) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued), notwithstanding the fact that such damages or the detriment arising from such a material default that remains uncured as aforesaid may have actually been suffered by some other person or by the public at large. Further, Developer expressly agrees that injunctive relief and specific performance are proper pre-trial and/or post -trial remedies hereunder to assure compliance with this Agreement. Nothing in this Section and no recovery by the City shall restrict or limit the rights or remedies of persons or entities other than the City, against Developer in connection with the same or related acts by Developer, provided that Developer shall not be subject to duplicate awards or recoveries. The remedies set forth in this Section are cumulative and not mutually exclusive, except to the extent that their award is specifically determined to be duplicative by final order of a court of competent jurisdiction. Further, the award of damages hereunder shall not bar the exercise of police power or other governmental powers, or the pursuit of criminal, civil or administrative penalties by the City in connection with any material default under this Agreement that remains uncured as aforesaid. Developer acknowledges that a material default under this Agreement that remains uncured may constitute a violation of state law. (b) Remedies At Law For Breach Of Rental Restrictions. In the event of any material default under the provisions hereof that remains uncured following thirty (30) days written notice to Developer from the City (or up to ninety (90) days after notice, if actions to correct the material default have been timely initiated and are, in the reasonable opinion of the City, being diligently pursued) regarding restrictions on rental of the Affordable Unit, at the sole option of the City, the City shall be entitled to the following remedies at law to the extent they are not duplicative, the election of which shall not be required and may be revoked and/or modified until immediately prior to entry of judgment: (1) Damages For Specific Breach. The City shall be entitled to recover compensatory damages, at its sole option in the event of a material uncured default under the terms of this Agreement. If the material uncured default in question involves the violation of Section 13(b) above, the amount of such compensatory damages shall be the product of multiplying (A) the number of months that the material uncured default in question has continued (following expiration of Developer's cure period) until the time of trial or cure, whichever occurs first, by (B) the result of subtracting (i) the rents properly chargeable hereunder for the Affordable Unit (ii) the rents actually collected by Developer for the Affordable Unit for the months in question, as reasonably determined by the City. Developer and the City agree that it would be extremely difficult or impracticable to ascertain the precise amount of actual damages accruing to the City as a result of such a material uncured default and that the foregoing formula is a fair and reasonable method of approximating such damages. The 6 31 of 122 Attachment No. 2 City shall be entitled to seek and to recover damages in separate actions for successive, separate breaches, which may occur during the term of this Agreement. Further, interest shall accrue on the amount of such damages from the date of the expiration of Developer's cure period for the material uncured breach in question at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less. Nothing in this section shall preclude the award of exemplary damages as allowed by law. (2) Acceleration and Liquidation of Future Performance. At the sole option of the City, if any material default by Developer in the performance of its obligations under this Agreement remains uncured for more than ninety (90) days after written notice to Developer by the City specifying such breach in reasonable detail (or such longer period of time, not to exceed six (6) months, as may reasonably be required for Developer to cure such breach exercising reasonable diligence), Developer's obligation to perform hereunder may be accelerated by the City and declared immediately due through the payment of a liquidated sum. Developer and the City agree that it would be extremely difficult and impractical to predict the precise cost to the City of (i) locating rental units equivalent to the Affordable Unit, (ii) procuring such units (through purchase, lease or subsidies) at the rent discounts contemplated herein, (iii) performing the substantial administrative activities associated with replacing the Affordable Unit, and (iv) inflation. Therefore, Developer and the City agree that, in the event of a material default hereunder by Developer that remains uncured as aforesaid, and upon written notice from the City to Developer that the City has elected to exercise its option to accelerate and liquidate Developer's performance hereunder in accordance with the provisions of this Section 13(b)(2), Developer shall pay, and the City shall be entitled to receive, within thirty (30) days of the City's delivery of such written notice, in complete liquidation of the City's future monetary damages and Developer's future obligations under this Agreement, a lump sum payment equal to: (A) the aggregate of the mathematical differences between the monthly rent for "Comparable Market Rate Unit" (as determined by the City, using statistical data for units of the same size and location at the time of the breach) and the monthly rent allowable hereunder for the Affordable Unit, at the date of delivery of the aforesaid written notice of election to accelerate, multiplied by (B) the number of months remaining in the term of this Agreement, from and after the date of delivery of the aforesaid written notice of election to accelerate. Developer and the City agree that acceleration is a fair and reasonable remedy for non-compliance hereunder, and that the foregoing formula represents a fair and reasonable method of approximating and liquidating the future monetary obligations of Developer to the City hereunder for purposes of any such optional acceleration by the City. Further, such liquidated amount shall automatically commence to bear interest at the rate of ten percent (10%) per annum or the maximum rate then allowed by law, whichever is less, from and after the date that the City delivers to Developer the aforesaid written notice of the City's election to accelerate Developer's performance hereunder, until paid. Further, if Developer breaches this Section 13(b)(2), the City shall be entitled to receive all reasonable attorneys' fees, costs of suit, title insurance charges, foreclosure costs and other out- of-pocket expenses reasonably incurred in recovering such liquidated amount. 14. Monitoring Fees. Developer shall pay to the City, each year during the term of this Agreement, an annual monitoring fee, as determined by the City in schedules promulgated by the City from time to time. Failure to timely pay such fees shall constitute a material default under this Agreement. 7 32 of 122 Attachment No. 2 15. General Provisions. (a) Waiver. No provision of this Agreement, or breach of any provision, can be waived except in writing. The waiver by any party of any breach or violation of any term, covenant or condition of this Agreement or of any provisions, ordinance or law, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance or law or any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. (b) Costs and Attorneys' Fees. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and witness, expert and attorney's fees expended in connection with such an action from the other party. (c) Recordation. This Agreement shall be recorded in the Office of the County Recorder of the County of San Diego senior to all monetary liens. City shall not be obligated to issues permits prior to such delivery and recordation of this Agreement. (d) Integration. The undersigned, and each of them, acknowledge and represent that no promise or inducement not expressed in this Agreement has been made in connection with this Agreement. This Agreement contains the entire agreement and understanding between the parties as to its subject matter. (e) Ownership of the Property. Developer represents and warrants that it is the owner of the Property and has full authority to execute this Agreement. (f) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. (g) Notices. All notices given pursuant to this Agreement shall be in writing and sent to the party at its address appearing below (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). These addresses may be changed by any party by written notice to all other parties. If to City: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 8 33 of 122 Attachment No. 2 If to Developer: C Avenue 8 Plex, LLC c/o Keith Robinson 2801 B Street #70 San Diego, CA 92102 (h) Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (i) Further Assurances. If Developer does not receive all of the necessary permits and approvals to construct the Project, Developer and the City agree that this Agreement and the density bonus granted herein shall be null and void and of no further force and effect and Developer and the City agree to take all reasonable steps and to execute and cause to be recorded all documents reasonably necessary to remove this Agreement and the Deed of Trust from the record chain of title to the Property. 16. Risk of Market Conditions. Developer shall bear sole responsibility for developing, constructing and marketing the units covered by this Agreement, pursuant to the approvals that the City has issued for the Development and the requirements contained in this Agreement. The City shall have no obligation to amend this Agreement, and the Developer shall reimburse the City for administrative costs associated with any modification of this Agreement that shall require the approval of the City Council of National City. 17. Signature Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attomey, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the other party hereto that he or she has the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf he or she is signing. CITY OF NATIONAL CITY By: Brad Raulston, City Manager APPROVED AS TO FORM: Angil P Morris -Jones, City Attorney By: Roberto M. Contreras Deputy City Attorney [SIGNATURES CONTINUED ON FOLLOWING PAGE] 9 34 of 122 Attachment No. 2 DEVELOPER: C Avenue 8 Plex, LLC, a California limited liability company By: Keith Robinson, Manager 10 35 of 122 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) On 5 Zp'. 2.S 144 , 2019, before me, 3'-..i jC , Li J , notary public, personally appeared }G> 7-11-1 (2e)R-rI .SoN who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (Seal) JIMMIE K. LEW COMM. #2224385 z Notary Public - California o San Diego County — Comm. Ex. ryes Dec. 7, 2021 11 36 of 122 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2019, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 12 37 of 122 Attachment No. 2 EXHIBIT "A" Legal Description of the Property That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Parcels 1, 2, 3 and 4 of Parcel Map No. 21545, in the City of National City, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of said County. Assessor's Parcel Number: 560-222-38-00, 560-222-39-00, 560-222-40-00, 560-222-41-00. (underlying APN: 560-222-35-00, 560-222-36-00, 560-222-37-00) 13 38 of 122 Attachment No. 3 No Fees per Government Code 6103 Recording Requested By: National City Community Development Commission When Recorded Mail To: National City Community Development Commission Attention: Executive Director 1243 National City Boulevard National City, CA 91950 DEED OF TRUST (1821 C Avenue -Density Bonus Agreement) THIS DEED OF TRUST is dated as of the y day of 6t( 2019, between C Avenue 8Plex LLC, a California limited liability company ("Trustor" , whose address is 2801 B Street #70, San Diego 92102, Lawyers Title Company ("Trustee"), and the City of National City ("Beneficiary"), whose address is 1243 National City Boulevard, National City, California 91950. TRUSTOR HEREBY irrevocably grants, transfers, and assigns to Trustee, in trust, with power of sale, all that property in the City of National City, County of San Diego, State of California, described as ("Property"): (See Legal Description - Exhibit "A") FOR THE PURPOSE OF SECURING: (1) The timely performance of the Affordable Housing Density Bonus Agreement of even date herewith ("Agreement"), between the Beneficiary and the Trustor, and any renewals, extensions, modifications or amendments to the Agreement by the Trustor and each and every covenant set forth herein; and (2) The performance of each agreement contained in this Deed of Trust. A. TO PROTECT THE SECURITY OF THIS DEED OF TRUST, TRUSTOR AGREES: 1. Defense of Security. To appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; and to pay all costs and expenses, including cost of evidence of title and attorneys' fees in a reasonable 1 39 of 122 Attachment No. 3 sum, in any such action or proceeding in which Beneficiary or Trustee may appear, and in any suit brought by Beneficiary to foreclose on this Deed of Trust. 2. Payment of Liens and Taxes. To pay, at least ten (10) days before delinquency, all taxes and assessments affecting the Property, including assessments on appurtenant water stock, all encumbrances, charges, and liens, with interest, on the Property or any part of the Property, which appear to be prior or superior to this Deed of Trust, and all costs, fees, and expenses of this Deed of Trust. If Trustor fails to make any payment or to do any act as provided in this Deed of Trust, then Beneficiary or Trustee may (but is not obligated to) make the payment or do the act in the required manner and to the extent deemed necessary by Beneficiary or Trustee to protect the security of this Deed of Trust. The performance by Beneficiary or Trustee of such an act shall not require notice to or demand upon Trustor and shall not release Trustor from any obligation under this Deed of Trust. Beneficiary or Trustee shall also have the following related rights and powers: to enter upon the Property for the foregoing purposes; to appear in and defend any action or proceeding purporting to affect the security of this Deed of Trust or the rights or powers of Beneficiary or Trustee; to pay, purchase, contest, or compromise any encumbrance, charge, or lien that in the judgment of either appears to be prior or superior to this Deed of Trust; to employ counsel; and to pay necessary expenses and costs, including attorneys' fees. 3. Reimbursement of Costs. To pay immediately and without demand all sums expended by Beneficiary or Trustee pursuant to this Deed of Trust, with interest from date of expenditure at the amount allowed by law in effect at the date of this Deed of Trust, and to pay any reasonable amount demanded by Beneficiary (up to the maximum allowed by law at the time of the demand) for any statement regarding the obligation secured by this Deed of Trust. 4. Use. That it will not permit or suffer the use of any of the Property for any purpose other than the use for which the same was intended at the time this Deed of Trust was executed. 5. Incorporation of Agreement. That the Agreement is incorporated herein by reference and made a part of this Deed of Trust. 6. Performance of Other Obligations. To perform, in a timely manner, each agreement and covenant by and between Trustor on any and all notes, loans and deeds of trust that are senior and/or junior to this Deed of Trust. A default in any of these obligations, beyond any applicable cure period, shall constitute a default under this Deed of Trust. B. THE PARTIES AGREE THAT: 7. Waiver of Late Payments. By accepting payment of any sum secured by this Deed of Trust after its due date, Beneficiary does not waive its right either to require prompt payment when due of all other sums so secured or to declare default for failure to pay any indebtedness secured by this Deed of Trust. 2 40 of 122 Attachment No. 3 8. Full Reconveyance. Upon expiration of the term of the Agreement and written request of Beneficiary, and payment of Trustee's fees and charges, Trustee shall reconvey, without warranty, the Property then subject to this Deed of Trust. The recitals in the reconveyance shall be conclusive proof of the truthfulness of the recitals. The grantee in the reconveyance may be described as "the person or persons legally entitled thereto." 9. Assignment of Rents. As additional security, Trustor hereby gives to and confers upon Beneficiary the right, power, and authority during the continuance of this Deed of Trust, to collect the rents, issues, and profits of the Property, but reserves the right, prior to any default by Trustor in payment of any indebtedness secured by this Deed of Trust or in the performance of any agreement under this Deed of Trust, to collect and retain these rents, issues, and profits as they become due and payable. Upon any such default beyond any applicable cure period, Beneficiary may, without notice and without regard to the adequacy of the security for the indebtedness secured by this Deed of Trust, either personally or by agent or court -appointed receiver, do the following: enter upon and take possession of the Property or any part of the Property; sue for or otherwise collect all rents, issues, and profits, including those past due and unpaid; and apply these rents, issues, and profits, less costs and expenses of operation and collection (including reasonable attorneys' fees), upon any indebtedness secured by this Deed of Trust, in any order determined by Beneficiary. The exercise of the foregoing rights by Beneficiary shall not cure or waive any default or notice of default under this Deed of Trust or invalidate any act done pursuant to such a notice. 10. Default and Foreclosure. Upon default under the Agreement, subject to any applicable notice and cure rights contained in the Agreement, or in the performance of any obligation under this Deed of Trust beyond any applicable cure period, Beneficiary may declare all obligations secured by this Deed of Trust immediately due and payable by delivering to Trustee a written declaration of default and demand for sale and a written notice of default and election to sell the Property. Trustee shall cause the notice of default and election to sell to be recorded. After the required time period has lapsed following the recordation of the notice of default, and after notice of sale has been given as required by law, Trustee, without demand on Trustor, shall sell the Property at the time and place specified in the notice of sale, either as a whole or in separate parcels, and in any order determined by Trustee, at public auction to the highest bidder for cash in lawful money of the United States, payable at the time of sale. Trustee may postpone sale of all or any portion of the Property by public announcement at the time and place of sale, and from time to time thereafter may postpone the sale by public announcement at the time fixed by the preceding postponement. Trustee shall deliver to the purchaser at the auction its deed conveying the Property sold, but without any covenant or warranty, express or implied. The recital in the deed of any matter or fact shall be conclusive proof of the truthfulness of the recital. Any person, including Trustor, Trustee, or Beneficiary, may purchase at the sale. After deducting all costs, fees, and expenses of Trustee and Beneficiary under this paragraph, including costs of procuring evidence of title incurred in connection with sale, Trustee shall apply the proceeds of sale to payment of: all sums expended under the terms of this Deed of Trust, not then repaid, with accrued interest at the amount allowed by law in effect at the date of this Deed of Trust; all other sums then secured by this Deed of Trust; and the remainder, if any, to the person or persons legally entitled to the remaining proceeds. 3 41 of 122 Attachment No. 3 11. Due on Sale or Further Encumbrance. Trustor shall not sell, transfer or otherwise dispose of the real property described in this deed of trust, or any portion thereof, or any interest therein unless the proposed transferee shall have executed and delivered to the Beneficiary an express written assumption of all of Trustor's obligations hereunder this deed of trust, on a form reasonably acceptable to the Beneficiary. Consent to one transaction of this type will not constitute a waiver of the right to acquire consent to future or successive transactions. 12. General Provisions. This Deed of Trust applies to, inures to the benefit of, and binds all parties to this Deed of Trust and their heirs, legatees, devisees, administrators, executors, successors, and assigns. The term "Beneficiary" shall mean the City of National City, and its successors and assigns. In this Deed of Trust, whenever the context so requires, the masculine gender includes the feminine and/or neuter, and the singular number includes the plural. 13. Substitution of Trustees. Beneficiary, or any successor in ownership of any obligations secured by this Deed of Trust, may from time to time, by written instrument, substitute a successor or successors to any Trustee named in or acting under this Deed of Trust. The substitution instrument shall contain the name of the original Trustor, Trustee, and Beneficiary under this Deed of Trust, the book and page where this Deed is recorded, and the name and address of the new Trustee. When executed by Beneficiary and duly acknowledged and recorded in the office of the recorder of the county or counties where the Property is situated, the substitution instrument shall be conclusive proof of proper substitution of the successor Trustee or Trustees. Any successor Trustee or Trustees shall, without conveyance from the Trustee predecessor, succeed to all its title, estate, rights, powers, and duties. 14. Cumulative Powers and Remedies. The powers and remedies conferred in this Deed of Trust are concurrent and cumulative to all other rights and remedies provided in this Deed of Trust or given by law. These powers and remedies may be exercised singly, successively, or together, and as often as deemed necessary. 15. Conclusiveness of Recitals. The recitals contained in any reconveyance, trustee's deed, or any other instrument executed by the Trustee from time to time under the authority of this Deed of Trust or in the exercise of its powers or the performance of its duties under this Deed of Trust, shall be conclusive evidence of their truth, whether stated as specific and particular facts, or in general statements or conclusions absent manifest error. Further, the recitals shall be binding and conclusive upon the Trustor, its heirs, executors, administrators, successors, and assigns, and all other persons. 16. Attorneys' Fees. If any action is brought for the foreclosure of this Deed of Trust or for the enforcement of any provision of this Deed of Trust (whether or not suit is filed), Trustor agrees to pay all costs and expenses of Beneficiary and Trustee, including reasonable attorneys' fees; and these sums shall be secured by this Deed of Trust. The prevailing party in any litigation, including but not limited to arbitration, writ petitions, complaints, and/or actions for declaratory relief, brought to enforce, interpret or reform the provisions of this Deed of Trust shall be entitled to reasonable attorneys' and experts' fees, costs and out-of-pocket expenses (whether or not considered recoverable "costs" under applicable statute) incurred in such litigation. 4 42 of 122 Attachment No. 3 17. Request for Notices of Default and Sale. In accordance with Section 2924b of the California Civil Code, request is hereby made that a copy of any Notice of Default and a copy of any Notice of Sale under that Deed of Trust executed by the Trustor concerning this Property be mailed to: City of National City Attention: Executive Director 1243 National City Boulevard National City, CA 91950 NOTICE: A copy of any notice of default and of any notice of sale will be sent only to the address contained in this recorded request. If your address changes, a new request must be recorded. 18. Inspections. Trustor shall permit Beneficiary and its agents or representatives, to inspect the Property at any and all reasonable times, upon 48 hours advance notice to Trustor. Inspections shall be conducted so as not to interfere with the tenants' use and enjoyment of the Property. 19. Hazardous Materials Defined. For purposes of this Deed of Trust, "Hazardous Materials" means and includes any flammable, explosive, or radioactive materials or hazardous, toxic or dangerous wastes, substances or related materials or any other chemicals, materials or substances, exposure to which is prohibited, limited or regulated by any federal, state, county, regional or local authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Property or of property adjacent to the Property, including, but not limited to, asbestos, PCBs, petroleum products and byproducts, substances defined or listed as "hazardous substances" or "toxic substances" or similarly identified in, pursuant to, or for purposes of, the California Solid Waste Management, Resource Recovery and Recycling Act (California Government Code Section 66700 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (42 U.S.C. Section 9601, et seg.), the Hazardous Materials Transportation Act (49 U.S.C. Section 1801, et seq.), the Resource Conservation and Recovery act (42 U.S.C. Section 6901, et seq.), Section 25117 or Section 25316 of the California Health & Safety Code; and any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any hazardous, toxic or dangerous waste, substance or material; or any substances or mixture regulated under the Toxic Substance Control Act of 1976, as now or hereafter amended (15 U.S.C. Section 2601 et semc .); and any "toxic pollutant" under the Clean Water Act, as now or hereafter amended (33 U.S.C. Section 1251 et seq.); and any hazardous air pollutant under the Clean Air Act, as now or hereafter amended (42 U.S.C. Section 7901 et seq.). Notwithstanding the above, the term "Hazardous Materials" shall not include small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar residential properties provided they are used in compliance with applicable laws. The term "Hazardous Materials Laws" means any federal, state or local law, code, statute, ordinance, rule, regulation, rule of common law or guideline relating to Hazardous 5 43 of 122 Attachment No. 3 Materials now or hereafter enacted or promulgated (collectively, and including, without limitation, any such laws which require notice of the use, presence, storage, generation, disposal or release of any Hazardous Materials to be provided to any party). 20. Trustor's Hazardous Materials Representations and Warranties and Indemnity. In addition to the general and specific representations, covenants and warranties set forth in the Deed of Trust or otherwise, Trustor represents, covenants and warrants, with respect to Hazardous Materials, as follows: (a) Neither Trustor nor, to the best knowledge of Trustor, any other person, has ever caused or permitted any Hazardous Materials to be manufactured, placed, held, located or disposed of on, under or at the Property or any part thereof, and neither the Property nor any part thereof, or any property adjacent thereto, has ever been used (whether by the Trustor or, to the best knowledge of the Trustor, by any other person) as a manufacturing site, dump site or storage site (whether permanent or temporary) for any Hazardous Materials; (b) Trustor hereby agrees to indemnify Beneficiary, its officers, employees, contractors and agents, and hold Beneficiary, its officers, employees, contractors and agents harmless from and against any and all losses, liabilities, damages, injuries, costs, expenses and claims of any and every kind whatsoever paid, incurred or suffered by, or asserted against Beneficiary, its officers, employees, contractors and agents for, with respect to, or as a direct or indirect result of, the presence or use, generation, storage, release, threatened release or disposal of Hazardous Materials on or under the Property or the escape, seepage, leakage, spillage, discharge, emission or release of any Hazardous Materials from the Property (including, without limitation, any losses, liabilities, damages, injuries, costs, expenses or claims asserted or arising under CERCLA, any so-called "Superfund" or "Superlien" law, or any other federal, state or local statute, law, ordinance, code, rule, regulation, order or decree regulating, relating to or imposing liability or standards of conduct concerning any Hazardous Materials) regardless of whether or not caused by or within the control of Trustor, except to the extent arising as a result of the negligence or willful misconduct of Beneficiary. (c) Trustor has not received any notice of (i) the happening of any event involving the use, spillage, discharge, or cleanup of any Hazardous Materials ("Hazardous Discharge") affecting Trustor or the Property or (ii) any complaint, order, citation or notice with regard to air emissions, water discharges, noise emissions or any other environmental, health or safety matter affecting Trustor or the Property ("Environmental Complaint") from any person or entity, including, without limitation, the United States Environmental Protection Agency ("EPA"). If Trustor receives any such notice after the date hereof, then Trustor will give, within seven (7) business days thereafter, oral and written notice of same to Beneficiary. (d) Without limitation of Beneficiary's rights under this Deed of Trust, Beneficiary shall have the right, but not the obligation, to enter onto the Property or to take such other actions as it deems necessary or advisable to clean up, remove, resolve or minimize the impact of, or otherwise deal with, any such Hazardous Materials or Environmental Complaint upon its receipt of any notice from any person or entity, including without limitation, the EPA, asserting the existence of any Hazardous Materials or an Environmental Complaint on or pertaining to the 6 44 of 122 Attachment No. 3 Property which, if true, could result in an order, suit or other action against Trustor affecting any part of the Property by any governmental agency or otherwise which, in the sole opinion of Beneficiary, could jeopardize its security under this Deed of Trust. All reasonable costs and expenses incurred by Beneficiary in the exercise of any such rights shall be secured by this Deed of Trust and shall be payable by Trustor upon demand together with interest thereon at a rate equal to the highest rate payable by law. (e) The foregoing representation, covenants, indemnities and warranties shall be continuing and shall be true and correct for the period from the date hereof to the release of this Deed of Trust (whether by satisfaction of the obligations secured hereby or foreclosure or action in lieu thereof), and these representations, covenants, indemnities and warranties shall survive such release. 21. Authority to Sign. All individuals signing this Deed of Trust for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the Beneficiary that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. TRUSTOR: C Avenue 8 Plex,LLC, a California limited liability company By: L Keith Robinson, Manager 7 45 of 122 Attachment No. 3 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Diego ) On SEPT. 2.54.H , 2019, before me, 3- TM K. L. .-j , notary public, personally appeared >� _ 4CI,as©N who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. 8 46 of 122 Attachment No. 3 Exhibit "A" Legal Description That certain real property located in the City of National City, County of San Diego, State of California more particularly described as follows: Parcels 1, 2, 3 and 4 of Parcel Map No. 21545, in the City of National City, County of San Diego, State of California, according to map thereof filed in the office of the County Recorder of said County. Assessor's Parcel Number: 560-222-38-00, 560-222-39-00, 560-222-40-00, 560-222-41-00. (underlying APN: 560-222-35-00, 560-222-36-00, 560-222-37-00) 9 47 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 48 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City opposing new federal oil and gas leasing in all U.S. waters off the coast of California. (City Manager) Please scroll down to view the backup material. 48 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City opposing new federal oil and gas leasing in all U.S. waters off the coast of California. (City Manager) PREPARED BY: Raymundo Pe, Principal Planner PHONE: 619-336-4421 DEPARTMENT: P : nnino .l 'vision APPROVED BY: Armando Vergara Director of Commun Development EXPLANATION: On June 27, 2019, the City Manager's Office was contacted by Oceana, a nonprofit international advocacy organization focused on ocean conservation, to support efforts to oppose offshore oil and gas drilling in all U.S. waters. Oceana was established in 2001 for ocean advocacy by the Pew Charitable Trusts, Oak Foundation, Marisla Foundation (formerly Homeland Foundation), Sandler Foundation, and the Rockefeller Brothers Fund. This particular campaign is focused on offshore oil and gas drilling and exploration along California and the Pacific Ocean. In April 2017, a Presidential Executive Order proposes to re -open the Pacific coast to expanded offshore oil and gas drilling, potentially placing ocean resources and coastal economies at risk. Given the cited risks of new offshore oil and gas drilling, Oceana has requested that the City join over 90 other Pacific Coast municipalities in passing a resolution opposing new offshore drilling in response to the U.S. Department of the Interior's Bureau of Ocean Energy Management consideration of an expanded Five -Year Outer Continental Shelf Leasing Program for the years 2019-2024. (Background attached) FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Not applicable. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations Section 15378. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION ❑ Not applicable. STAFF RECOMMENDATION: Adopt the resolution opposing new federal oil and gas leasing in all U.S. waters off the coast of California. BOARD / COMMISSION RECOMMENDATION Not applicable. ATTACHMENTS: 1. Background. 2. Oceana background materials. 3. Resolution. 4V 01 122 BACKGROUND Oceana has provided the City with the following reasons to consider in adopting a resolution that opposes new federal oil and gas leasing in all U.S. waters off the coast of California. The City is proximate to the coastline and relies on coastal tourism, fishing, recreation, commerce, and education. These industries bring in over $42 Billion in GDP and nearly 600,000 jobs to California, and they rely on a clean coastline. The City's residents enjoy the beach, the bay, and a clean ocean, which contribute significantly to quality of life and property value. The City is located on San Diego Bay and harbors part of Naval Base San Diego. Military operations on the coastline would be inhibited with the current proposal to expand drilling, and most of the coastline in San Diego County is utilized for some military purpose. An oil spill could threaten military preparedness or hinder training exercises. The military also contributes substantially to the City's economy and the county's economy at large. (Report attached) Offshore drilling has not been proven a reliably safe method for offshore drilling. Current proposals and official actions to weaken safety requirements on offshore rigs by the Department of Interior are happening in conjunction with the proposals for expanded drilling. This makes the current proposal very dangerous and likely to result in an oil spill off San Diego County' coastline and to risk the benefits of a clean and healthy coastline. The ocean and coastal waters provide habitat to a vast array of wildlife, including fish, marine mammals, sea turtles, and birds that depend on a healthy and clean environment. The oil industry's negligence has resulted in a long legacy of catastrophic economic and environmental damage to coastal waters and communities, including a massive oil spill in 1969 off the coast of Santa Barbara. The Department of Interior's 2017-2022 Five -Year Outer Continental Shelf Leasing Program adopted as of November 18, 2016 contained no proposed offshore drilling along the Pacific Coast. The state of California prohibited new oil and gas leasing in state waters due to the unacceptably high risk of damage and disruption to the marine environment. The Governor of California, the Attorney General, the State Senate and Assembly, the State Lands Commission, the Coastal Commission, the Fish and Game Commission, the Pacific Fishery Management Council, along with a growing number of cities, have taken a stand against new federal offshore oil and gas leases in the Pacific Ocean. Given the cited risks of new offshore oil and gas drilling, Oceana has requested that the City join over 90 other Pacific Coast municipalities in passing a resolution opposing new offshore drilling in response to the U.S. Department of the Interior's Bureau of Ocean Energy Management consideration of an expanded Five -Year Outer Continental Shelf Leasing Program for the years 2019-2024. ATTACHMENT 1 1 50 of 122 Report on the compatibility of Department of Defense (DOD) activities with oil and gas resource development on the Outer Continental Shelf (OCS) The most recent DOD compatibility report that assessed Pacific waters came out in 2010. The report identified locations with potential conflicts between DOD training/testing activities and offshore oil and gas development. The report classified areas offshore California as incompatible with oil and gas activities/infrastructure, and gives examples of activities that directly conflict with such development. • In the report, a significant portion of the Southern California Program Area has longstanding operations critical to national security and military readiness that directly conflict with oil and gas activities. For example, parts of the Southern California (SOCAL) OPAREA are designated as areas where any oil and gas development infrastructure would jeopardize DOD operations. These areas have ongoing activities like live fire fleet gunnery missions, anti-submarine warfare training, torpedo firing, and seeded mine warfare training. The primary incompatibility with oil and gas operations here is the frequent use of live munitions. Southern California Program Area OceansiderCanistrano Basin No Oil & Gas Activity 57° i+ Site Specific Stipulations 19% Unrestricted 24% CI`Phh a!J NM PA :urini a. um. San Clanton. Island C.SOLWE ALLEY Southern Calif n,i Planning Area fk 5out o r Ca Urania Planning Aroa Q No 91 end Sask.,* No Pennonert Ol 6 G. Smalace Siraducz l _. Sie Soaific Staddens na.b svraQa.suxumc, GPermno AtauldPMEA1 6cb .So.. Use AaeoaceWtrr I/ken F7I I.u,S El, aA P.n..; Program Wca f20e0 20161 O 6WS CGS Pia:nng Ai. 2017-2022 Draft Proposed Program - Pacific OCS Region: GncII IMuh MC El Camp Plntldl0C, GM • Foe Neach Id45 ldvtl5 Wand 10 Aal6I r l DOD conducts training, testing, and operations in offshore operating and warning areas, undersea warfare training ranges, and special use or restricted airspace on the OCS. These activities are critical to military readiness and to national security. The U.S. Navy utilizes the airspace, sea surface, sub -surface, ATTACHMENT 2 2 51 of 122 and seafloor of the OCS for events ranging from instrumented equipment testing to live -fire exercises. The U.S. Air Force conducts flight training and systems testing over extensive areas on the OCS. The U.S. Marine Corps' amphibious warfare training extends from offshore waters to the beach and inland. Some of the most extensive offshore areas used by DOD include Navy at -sea Operational Areas (OPAREAS). Testing and training does not occur on all days of the year, but may occur during any season. These activities vary depending on where in the OPAREA they occur (e.g., open water versus near shore) and may be concentrated within a smaller geographic area than the OPAREA footprint. The Pacific Northwest OPAREA is off the Washington and Oregon coasts, and the Southern California -Point Mugu OPAREA is off the central and southern California coasts and extends into waters south of the U.S.- Mexico border. Vandenberg Air Force Base is on the coast in the Southern California Planning Area and has an active launch program which has been taken into account via lease stipulations in the past. There are also other smaller areas associated with onshore military installations. Economic benefits of defense in the Pacific Region: • Defense contracts: In fiscal year 2017, $9.2 billion in procurement contracts was projected to flow into San Diego.' • Direct Spending: In fiscal year 2017, direct spending by Department of Defense (DoD) in compensation for the more than 140,000 active duty and civilians, support for veteran services, and defense contracts was an estimated $25.2 billion.' • Defense spending: San Diego County receives more defense spending than any other county in the U.S. with the exception of Fairfax County, Virginia, home to the Pentagon.2 • When considering the overall ripple effects of the defense cluster in San Diego, about 20 percent of San Diego's gross regional product (GRP) is the result of defense -related spending. • Pacific Fleet: San Diego is home port to the Pacific Fleet and is the primary training ground for much of U.S. Marine Corps.' Source: Oceana 3 52 of 122 OPPOSITION FROM MUNICIPALITIES AND COUNTIES Source: Oceana.org 1. Hermosa Beach, CA: passed 4/11/2019 2. Eureka, CA: awaiting resolution copy 3. El Segundo, CA: passed 3/19/2019 4. Vista, CA: passed 3/12/2019 5. Oxnard, CA: passed 2/19/2019 6. Portland, OR: passed 01/30/19 7. Escondido, CA: passed 01/23/2019 8. Trinidad, CA: passed 12/12/2018 9. Pacific Grove, CA: passed 10/17/2018 10. Costa Mesa, CA: passed 10/16/2018 11. Cotati, CA: passed 09/25/2018 12. Seattle, WA: passed 09/10/2018 13. Carlsbad, CA: passed 08/28/2018 14. Rancho Palos Verde, CA: Sent letter to BOEM 08/21/2018 15. Gold Beach, OR: passed 08/13/2018 16. Culver City, CA: passed 07/23/18 17. Lincoln City, OR: passed 7/9/2018 18. Ventura, CA: sent letter to Senator Feinstein 07/09/2018 19. Norwalk, CA: passed 06/26/18 20. Port Orford, OR: passed 06/21/18 21. Alameda County, CA: passed 06/05/18 22. Chula Vista, CA: passed 5/22/2018 23. Dana Point, CA: passed 04/24/18 24. Santa Clarita: passed 4/10/2018 25. South Bend, WA: passed 04/09/2018 26. Los Osos, CA: passed 04/05/18 27. Yachats, OR: passed 04/04/18 4 53 of 122 28. Pacifica, CA: passed 03/26/18 29. Raymond, WA: passed 03/19/18 30. Petaluma, CA: passed 03/19/18 31. San Leandro, CA: passed 03/08/18 32. Monterey, CA: sent letter to BOEM 03/08/2018; passed resolution 5/7/2019 33. Redondo Beach, CA passed 03/6/18 34. Richmond, CA: passed 03/06/18 35. Toledo, OR: passed 03/07/18 36. San Diego, CA: passed 03/06/18 37. Santa Monica, CA passed 03/06/18 38. Newport, OR: passed 03/05/2018 39. Grover Beach, CA: passed 03/05/18 40. Aberdeen, WA: passed 02/28/18 41. Oceanside, CA: passed 02/28/18 42. Clallam County, WA: passed 02/27/18 43. Humboldt County, CA: passed 02/27/18 44. Morro Bay, CA: passed 02/27/18 45. Carpinteria, CA: sent letter 02/26/18 46. Pacific County, WA: passed 02/13/18 47. San Diego County, CA: voted 02/13/18; sent letter 03/09/18 48. Los Angeles County, CA: passed 02/13/18 49. Point Arena, CA: passed 02/13/18 50. Fort Bragg, CA: passed 02/12/18 51. Ilwaco, WA: passed 02/12/18 52. Scotts Valley, CA: passed 02/07/18 53. Windsor, CA: passed 02/07/18 54. Half Moon Bay, CA: passed 02/06/18 55. Manhattan Beach, CA: passed 02/06/18 56. Carmel -by -the -Sea, CA: passed 02/06/18 5 54 of 122 57. Long Beach, WA: passed 02/05/18 58. West Hollywood, CA: passed 02/05/18 59. Santa Barbara County, CA: passed 01/30/18 60. Marin County, CA: 01/30/18 61. Westport, WA: 01/29/18 62. Sonoma County, CA: 01/29/18 63. Capitola, CA: passed 01/25/18 64. Solana Beach, CA: passed 01/24/18 65. Encinitas, CA: passed 01/24/18 66. Contra Costa County, CA: passed 01/23/18 67. San Mateo County, CA: passed 01/23/18 68. Pismo Beach, CA: sent letter to BOEM 01/11/2018 69. San Mateo, CA: passed 04/16/18 70. Mendocino County, CA: passed 01/23/18 71. Ventura County, CA: passed 01/23/18 72. Ocean Shores, WA: passed 01/22/18 73. Imperial Beach, CA: passed 01/17/18 74. San Francisco, CA: passed 01/09/18 75. Watsonville, CA: passed 12/12/17 76. Santa Cruz City, CA: passed 12/05/17 and sent letter 01/18/18 77. Santa Cruz County, CA: passed 11/14/17 78. Laguna Beach, CA: passed 11/07/17 79. Marina, CA: passed 11/07/17 80. Ojai, CA: passed 10/24/17 81. Monterey County, CA: passed 10/24/17 82. Oakland, CA: passed 10/17/17 83. Del Mar, CA: sent letter 10/16/17 84. Goleta, CA: passed 10/03/17 85. San Luis Obispo, CA: passed 10/03/17 6 55 of 122 86. Berkeley, CA: passed 09/12/17 87. Malibu, CA: passed 09/10/17 88. Arcata, CA: passed 09/06/17 89. Santa Barbara, CA: passed 07/25/17 90. Los Angeles, CA: passed 04/28/17 91. San Luis Obispo County: passed 2/28/17 92. Hayward, CA: Awaiting resolution copy 93. Hoquiam, WA: Awaiting resolution copy 94. Montesano, WA: Awaiting resolution copy 7 56 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 57 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on November 16, 2019 from 10:00 a.m. to 2:15 p.m. with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 57 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO.: ITEM TITLE: Temporary Use Permit — Padres Pedal the Cause Bicycle Ride sponsored by Padres Pedal the Cause on November 16, 2019 from 10 a.m. to 2:15 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT:,-NeighiQrhood Se • 'ces PHONE: 619-336-4255 APPROVED BY: EXPLANATION: This is a request from the non-profit organization Pedal the Cause to conduct the "Padres Pedal the Cause" through San Diego County on November 16, 2019. This will be the 7th Annual Pedal the Cause fundraising cycling event dedicated to raising money for cancer research in San Diego County. OUTBOUND — The course begins at Petco Park at 6:00 a.m. heading south towards downtown San Diego and the harbor district. This bicycle ride will enter the City of National City at approximately 10 a.m. on Sweetwater Road onto Bayshore Bikeway going west. All riders will exit bike path and turn left onto W 32nd Street. Riders will then turn left onto Goesno Place continue straight onto Tidelands Avenue, turning right onto Civic Center Drive leaving National City jurisdiction. Event course is mapped and listed. NOTE: This event was approved by Council in 2017 and 2018 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS City fee of $272.00 for processing the TUP through various City departments plus $330.00 for Engineering. Total fees: $602.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION n FINAL ADOPTION ❑ STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 58 of 122 0- CALIFORNIA NY`PITN , Cit XNCOapoRel Type of Event riFair/Festival FITUP City of National City Ni Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950 (619) 336-4364 u fax (619) 336-4217 www, nationalcityca, gov Special Event Application Parade/March Sporting Event Event Name & Loc°aittb't Walk or Run Concert/Performance Other (specify) Event Title Padres Pedal The Cause Event Location (list all sites being requested) Various roads in National City (see attached maps) ;eiitTI 'd: Set -Up Starts Date11/16/2019 Event Starts Date11/16/2019 Event Ends Date11/16/2019 Breakdown Ends Date11/1.6l2019 Time10am Time 10 Day of Week Saturday am Day of Week Saturday Time2' 15pm Timea2;15pm +1tc'ant ti ifofn ation Day of Week Saturday Applicant (Your name)Lauren Diaz Dav of Week Saturday t�s w Sponsoring Organization Padres Pedal The Cause Event Coordinator (if different from applicant) Robert Panzera, CCSD Sport Event Mailing Address 1286 University Abe #268, San Diego, CA 92103 Day Phone917-543-2670 After Hours Phone Cell Fax Public Information Phone619-510-4950 E-litan robert@ccsd.com Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for applicatipp processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature ofApplicant: (.,},� iL � Date 7fl2J 1p 7 I 59 of 122 Special Event Application (continued) Please,completethe following sections with as much detail as possible .since fees and requirements are based on :the information you.provide us. Fees/Proceeds/Reorting is your organization a "Tax Exempt, nonprofit" organization? Yes Are admission, entry, vendor or participant fees required? Yes No No If YES, please explain the purpose and provide amount (s): Registration fee of $75 - $125 per participant. Participants then fundriase further amounts in addition to this. $_Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $1.5M Estimated Expenses for this event. $3.0M What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar: Padres Pedal the Cause is an annual fundraising cycling event that raises money for collaborative cancer research at 4 San Diego institutions. Participants start and finish the event at Petco Park in downtown San Diego and follow a variety of routes (from 25 to 100 miles) through Coronado, San Diego, Chula Vista, SD County, and National City. The event has raised over $10M to date for cancer research, Estimated Attendance Anticipated # of Participants: 1500 Anticipated # of Spectators: 0 2 60 of 122 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes No List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: Other (explain) Requesting to post "no parking" notices? Yes No Requested "No Parking' on city streets and/or parking lots (list streets/parking lots) (provide map): Other (explain) Securit and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and internal Security: Not required Have you hired Professional Security to handle security arrangements for this event? Yesn No ✓ If YES, name and address of Security Organization Security Director (Name): Phone: If:us.in6:l;t...e;-servioes.:.of:a: "rofes'sior al; securif . firm'.ar d the;event • wiH occur:..on;Cit -proert` :please g p Y Y,p i? . Yp .provide•a copy of its insurance certificate, evidencing liability with limits pf at`least $'I Million dollars `per. • .- occurrn9e/$2 Million dollars aggregate, as well.as'and. additional Insured endorsement namin•g- the` City of National :City, it•s; offierh cers, ployees, and agents asadditional insureds Evrdence-of ins :be'°purance rrrustrovided' by.the'vendor; or its insurer to the Neighborhood Services Department'at the time of ` _ -. .s0.0.sslon Is this a night event? Yesn No 1 If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 61 of 122 First Aid station to be staffed by event staff? Yes No Depending on the number of participants, our event may require specific First Aid services. First aid First aid/CPR certified? Yes / No v First aid station to be staffed by professional company. IP. Company AMR If uiingl:i6e..qeNicSso,'. rOan C199/90'f) p6. property, please provide copy of its insurance certificate • eViCienoing,iiabilitYliiitil-lirnits of at 100st $I • Millicirfc1011irpar OOciirrenC6/$2,MilliOn...doilars,aggeagata;-0S*011;as and additionainsured endorsement namingthe City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the Viidor.Or its iniiireeto tfieKeighbOrhood: . Services Department thOlirno.af subrriission. ......,, Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Event will be open to cyclists with disabilities. Elements of our Event Setting up a stage? Yes No Requesting City's PA system Requesting City Stage; if yes, which size? Dimensions (13x28) Applicant providing own stage 10- (Dimensions) Setting up canopies or tents? # of canopies size # of tents size No canopies/tents being set up 4 Dimensions (20x28) 62 of 122 Setting up tables and chairs? Furnished by Applicant or Contractor # of tables # of chairs ✓ No tables being set up No chairs being set up (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables # of chairs Contractor Name No tables being set up No chairs being set up Contractor Contact Information Address Setting up other equipment? Sporting Equipment (explain) Other (explain) City/State Phone Number Not setting up any equipment listed above at event Having amplified sound and/or music? Yes PA System for announcements Live Music No CD player or DJ music Small 4-5 piece live band OP Large 6+ piece live band Other (explain) If using live music or a DJ. Contractor Name Address 5 Cfty/State Phone Number 63 of 122 Using lighting equipment at your event? Yes J Non ri Bringing in own lighting equipment [] Using professional lighting company ► Company Name Address City/State Phone Number Using electrical power? Yes __ Non ri Using Kimball Park Bowl Lighting (from to ) Using on -site electricity ri For sound and/or lighting n For food and/or refrigeration nBringing in generator(s) ri For sound and/or lighting ri For food and/or refrigeration Vendor Information PLEASE NOTE:: You maybe required to .apply for a temporary health :permit if food or beverages 'are sold.of given awayduring your speclal event Also s:ee'Perrnitsa.nd Coipllanca' ort page;8 in the Special. Event Guide Foraddii:tional information on obtaining a; temporary. health permit, please' contact' the County of San'Diego r vironmentat Hea lttl.at (619j.:3�38-2363.. • Having food and non-alcoholic beverages at your event? Yes 171 J NorjI riVendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: If ou intend to cook food in the event area please specify the method: GAS ELECTRIC []CHARCOAL OTHER (Specify): nVendors bringing pre -packaged food ► # ► Business License # I Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► # riVendors selling food # ► Business License #(s) Vendors selling merchandise # ► Business License #(s) Food/beverages to be handled by organization; no outside vendors Prepackaged store bought granola bars for participants []Vendors selling services # ► Business License #(s) ► Explain services []Vendors passing out information only (no business license needed) # ► Explain type(s) of information [] No selling or informational vendors at event 6 64 of 122 Having children activities? Yesn No PLEASE NOTE: Inthe event inflatable jumps.are providedat the event, The City of National City ;requires commercial iiab;ility insurance with limits of at.least $1 Million dollars per occurrence/$2 Million dollars aggregate: in addition, the pityof National City mustbe named as an Additional Insured pursuant to a separate endorsement, which shall be provided; by the -vendor or its. insurer to the City's Risk Manager, along with the Certificate of Insurance,: for approval prior to the event. The application should be filed out at least one week prior to the event. For; questions or:to obtain a copy of the 'Facility Use Application"., please contaot the Engineering/Public Works Department at (619)`336-4580. [] Inflatable bouncer house # C []Rock climbing wall Height Inflatable bouncer slide # ri Arts & crafts (Le., craft making, face painting, etc.) Carnival Rides . [Other Having fireworks or aerial display? Yesn Noi v I [] Vendor name and license # Dimensions Duration Number of shells Max, size PL ASE QT� ;'In the evenfirorks;or anot tew her aerial display is planned for your. event;.Ther City of. 1`iational City requires commercial liability ir,sUrance with limits of at lest $2 i'Aillion-doliars.per occurrence/ $4 Million dofiars aggregate: In add #ton; the City of :N. National City must ee named as an Additional;InSured:pursuant to a,separate endorsement, which,shail pe provided by the vendor or its insurer to the City's R1sk;;Manager, along with the Certificate of Insurarice,.1for approval prior to the event, Depending on the :size•and/or nature of -the fireworks display, the City: reserves the right to request higher liability omits The vendor must also obtain a fireworks' permit from the National City Fire Department and the: cost is $545.90 Arranging for media coverage? Yes Non [] Yes, but media will not require special set-up Yes, media will require special set-up. Describe 7 65 of 122 Event Si•na•e PLEASE NOTE: For City sponsored .:or: co -sponsored . events, banners publicizing the. event may be placed on the existing poses on the 1800 block. and 3100 block of National City Boulevard The banners must be made to the City's specificationsPlease refer to the City's Special Event Guidebook and Fee Schedule for additionalinformation: Are you planning to have signage at your event? Yes n No 17 Yes, we will post signage # 10-20 Dimensions 2ft x 3ft route signage Yes, having inflatable signage # ► (complete Inflatable Signage Request form) riYes, we will have banners # What will signs/banners say? nHow will signs/banners be anchored or mounted? Location of banners/signage Waste Management :PLEASE NQTE ':Orfe toilet for every 250 people Is required,unlessthe applicant. can show that there are sufficient facilities in'the`lmmediate area available to the,publloduring the event. Are you planning to provide portable restrooms at the event? Yesn No If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: Contracting with portable toilet vendor. ► ► Load -in Day & Time f Company Phone I. Load -out Day & Time fnPortable toilets to be serviced. ► Time Setup, Breakdown, Clean-up Setting up the day before the event? Yes, will set up the day before the event. ► # of set-up day(s) nNo, set-up will occur on the event day Requesting vehicle access onto the turf? nYes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) nNo, vehicles will load/unload from nearby street or parking lot. 8 66 of 122 ✓ NPDES-Litter Fence ;,; City to install litter fence Applicant to install litter fence N/A Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. P # of breakdown day(s) No, breakdown will occur on the event day. How are you handling clean-up? Using City crews Using volunteer clean-up crew during and after event, Using professional cleaning company during and after event. Miscellaneous% Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 9 67 of 122 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Event: Padres Pedal The Cause Event Address:various roads in National City Event Host/Coordinator: Padres Pedal The Cause Expected # of Attendees: 1500 Phone Number; 619-510-4950 I1. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: o ✓ Will enough recycling bins provided for the event? Provide number of recycle bins: 0 J Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) I Do all storm drains have screens to temporarily protect trash and debris from entering? 17 Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 10 68 of 122 City of National City C'. ' C jaEASI_LDJA1LIMMIAARIMEMMEICALM : laaggata Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:ViI and that the insurance company Is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event, The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Padres Pedal The Cause Organization:y Lauren Diaz Person in Charge of Activity: 2445 5th Avenue, Suite 345, San Diego, CA 92101 Address: . 619-514-4950 Telephone: Sat, Nov 16, 2019 Date(s) of Use: S.AGREEMENT. As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or.00;i tiactara.:. Signature of Applicant:. Chief Financial Officer Official Title: Date: •/ For OfficeUseChly Certificate of Insurance Approved 11 .. Date 69 of 122 N LKING1 ACORD,,, CERTIFICATE OF LIABILITY INSURANCE DATE (MMt0DIYYTY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER IC & K Insurance Group, Inc. P.Q. Box 2338 Fort Wayne, In 46801 NAMEACT SPORTS PHONE 800-441-3994 FAX 260-459-5120 (NC, No. E>rt}; (AC, NollKK,SPORTS@KANDKINSURANCE.COM ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL t{ INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED PEDAL THE CAUSE SAID DIEGO 2445 5TH AVE., SUITE 345 SAN DIEGO, CA 92101 • INSURER 8: SCOTTSDAX,E INDEMNITY COMPANY 15580 INSURERC: INSURERD: INSURER E: INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF IiTSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD - •-INDICATED:-- NOTWITHSTANDING .ANY•RERU[REMENT•,--TERM-OR--COND[TION--OF-•ANY--CONTRAST-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. NC=NOT COVERED 1NSR LIR • TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMDDIYYYY) POLICY EXP (MMIDD/YYYY) LIMITS g X COMMERCIAL GENERAL LIABILITY g OCCUR Y KKI0007898100 T 12:01A1v7 4/10/15 12:01AM 4/10/19 EACH OCCURRENCE 1.000000 CLAIMS -MADE DAMAGE TO REED PREMISES (Ea occu ence 300000 Owners & Contractors MEOEXP(Anycneperson) 5000 PERSONAL 8, ADV INJURY 2000000 GEN I. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE NONE POLICY PROJECT ILOC PRODUCTS-COMP/OPAGG 1000000 OTHER: Part Lg1 Liab NC AUTOMOBILE LIABILITY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY X _ SCHEDULED AUTOS NON -OWNED AUTOS ONLY KK20007898100 12:01AM 4/10/15 12; OlAM 4/10/19 COMBINED S NGLE LIMIT IEa Accident) 1000000 ■ANY BODILY INJURY (Per person) ■ BODILY INJURY (Per accident) X PROPERTY DAMAGE (Per accident) ,EXCESS UMBRELLA LIAP: UA8 X OCCUR CLAIMS -MADE .� XK00007898400 12 ; 01AM 4/10/15 12' 01AM 4/10/20 EACH OCCURRENCE 5000000 ■ AGGREGATE cnnnnnn DED ■ RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/ EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) dyes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A ro - PER -STATUE OTHER - E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE- POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Atlaoh ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER IS NAMED AS AN ADDITIONAL INSURED BUT ONLY WITH RESPECTS TO THE OPERATIONS OF THE NAMED INSURED. RE: PROVIDER OF PREMISES NATIONAL CITY THE CITY OE' NATIONAL CITY ITS OFFICIALS, AGENTS AND VOLUNTEERS 1243 NATIONAL CITY BLVD, NATIONAL CITY, CA 91950 ACORD 25 (2016/03) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE ELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED R ` . -EN TI l 1988-2015ACORD CORPORATION. All rights reserved The ACORD name and logo are registered marks of ACORD 13 71 of 122 Scottsdale Indemnity CoMpany ENDORSEMENT NO. iffki1010.i.ild' ''' :: Foil mtoo Ammo -! PaR/M1SAM '' ''' ' - -'- "'' ' - • - ' - ratomateitt :E‘ozatryN DATE: tignAmii.n.TANO,A14V MO - • -1.4g1g0 itOLIIII215 titOilit!, KK1-78981-00 4/10/2019 Pedal The Cause San Diego ,.... .... THA'S ERIP:RSEM5N-17 CHANGES '11-1f1150MY, P‘EASE IT CARE.FULLY., . AOPtiTIONIA4 iN$Liftet)SLOWNEtts.ApptciR )4$47,1R.$ of.PRE:NusEs,, g[79.1i4OR$ OR 0-j4:991VIOTEFO 110:oitdorset1ottit afro's Inuttotina pnalirdactinfa tOtollovilro po.NINIERCIAL ,pENEFfAkti.AsmimpovellActe PART 7.116..pol*s.envandad to,-Molada at add:trot:AV trimmed any partork or..,drcrafIzatton,offhkitypatirldbatedly. any tokes- ahtiwa $1014 heft oni vet tospabtt gabnity Orsigivutrof yolk-0040ms:- 'Owners ancJipirjePJ. f 1hvrovil$00.: joao.00, roritecJ or.loanad..4o.you., $1,1140.0 to. ..tgb following ,011- -ttltIonaj anIolgric a.Th.1.5.1nsilegnee tipplio.t. only. to an #peaurreada8- wrilatiAkoti piato vikife yati area. fpnaat In itta protalskt; Thi0. Irialrotigo 0.'apa. pat apply; $ottliy• VERpertY dmySoc.0". .stkpoloraf .001110Ottgi .'neyte -!gpflOrticrOit,or ,m4iitipo • opota10-00 :FOrtonm01: by r 01 'Apflottf ttio: ,opymir • a ridiar. 'Isar .011 th ptaii6is; KRI-GL-56 (4-07) n x 0, Thia.triattranos Abet not apply to of Ile owners faugor Waco: far oT VIAIO:rbt dataapEr afitfro out et arty .dosigr. traleofor g.truotural, Inaintanancerata-pramlatt ii)$6196.0001, by apierroboadeleot. viath.lospoot 10..anradcriiionor instirod. Inokittod Jan- deltit pat*, Itifsinauranoo does not ap.p10!taaryt neoRgadaavt audit additiortatfnatiot Bitionsort- 'CoPtomotart Any itthidattFpersod(a) or viganrzation(s)isteci balm: The City of National City its officials, agents, employees and volunteers City of National City c/o Risk Manager 1243 National City Blvd. National City, CA 91950-4301 . • At:Pr1-101312E1 FIEPRESE.NTATIVE PATE 14 72 of 122 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Padres Pedal the Cause EVENT: Padres Pedal the Cause DATE OF EVENT: November 16, 2019 APPROVALS: COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS f ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: COMMUNITY DEVELOPMENT No comments POLICE DEPARTMENT A bulletin information Form (BIF) will be created for all patrol personnel working during the event times listed. National City Police Traffic Division Sergeant has been notified of this event. Per the event application there is no request for Police personnel. CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement 15 73 of 122 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request for the issuance of a Temporary Use Permit. All the insurance requirements were met and the following documents were provided with the Temporary Use Permit application: • A valid copy of the Certificate of Liability Insurance by the applicant. • The insurance policy has a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence that would cover the date and location of the event. • The applicant provided a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers" • The insurance company issuing the insurance policy has.. anA.M__B_est's_Guide Rating of A: VI1 and that the insurance company is a California admitted company. • The medical provider American Medical Response Ambulance Services, Incorporated has previously provided a Certificate of Liability Insurance and supporting additional insured endorsement which provided all the necessary types and levels of coverage • The Certificate Holder reflects: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA, 91950-4397 PUBLIC WORKS (619)366-4580 No involvement FINANCE There is a current business license. Finance/Business License has no further comments or stipulations. 16 74 of 122 ENGINEERING City of National City Traffic Control Requirements The traffic control application should contain the following: 1. Traffic Control Cover Sheet (11x17 sheet). https://www. nationalcityca.gov/home/showdocument?id=22537 2. Certificate of Liability Insurance. https://vvww.nationalcityca.gov/home/showdocument?id=22489 3. Contractors' State License (hardcopy required). 4. Contractor's City Business License (hardcopy required). 5. Traffic Control Plans must be submitted on 11x17, 6. Traffic Control Fee $330.00. 7. Payments will only be accepted with complete submittals. 8. Please submit all documents at least 30 days prior to commencing work/event. FIRE (619) 336-4550 No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes 3) First Aid will be provided by organization 4) Fees can only be waived by City Council 17 75 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 76 The following page(s) contain the backup material for Agenda Item: Warrant Register #10 for the period of 8/28/19 through 9/3/19 in the amount of $2,781,785.62. (Finance) Please scroll down to view the backup material. 76 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 ITEM TITLE: Warrant Register #10 for the period of 8/28/19 through 9/3/19 in the amount of $2,781,785.62. (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 8i28;19 - 9/3/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Allstar Fire Equipment 343790 63,836.01 Lion Model CVBM-K7 PBI / Fire Mile of Cars Association 343807 101,323.70 FY19 Apportionment Ensafe Inc 343916 113,624.71 Remediation — Paradise PH3-CA City of San Diego 91482 1,408,984.00 Sewerage Syst 1ST Qtr 7/1/19-9/30/19 FINANCIAL STATEMENT: APPROVED: `W,eetla- FINANCE ACCOUNT NO. APPROVED: MIS Warrant total $2,781,785.62. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,781,785.62 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 10 77 of 122 * CALIFORNIA �--{ NATIONAL Orry- rNGORronliSET) WARRANT REGISTER # 10 9/3/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS / SEP 2019 343826 9/3/19 160.00 ANDERSON, E RETIREE HEALTH BENEFITS / SEP 2019 343827 9/3/19 110.00 BEARD, P RETIREE HEALTH BENEFITS / SEP 2019 343828 9/3/19 70.00 BECK, L RETIREE HEALTH BENEFITS / SEP 2019 343829 9/3/19 140.00 BISHOP, R RETIREE HEALTH BENEFITS / SEP 2019 343830 9/3/19 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / SEP 2019 343831 9/3/19 260.00 BULL, P RETIREE HEALTH BENEFITS / SEP 2019 343832 9/3/19 580.00 CAMEON, C RETIREE HEALTH BENEFITS / SEP 2019 343833 9/3/19 400.00 CARRILLO, R RETIREE HEALTH BENEFITS / SEP 2019 343834 9/3/19 290.00 COLE, L RETIREE HEALTH BENEFITS / SEP 2019 343835 9/3/19 165.00 COLLINSON, C RETIREE HEALTH BENEFITS / SEP 2019 343836 9/3/19 420.00 CONDON, D RETIREE HEALTH BENEFITS / SEP 2019 343837 9/3/19 280.00 CORDERO, E RETIREE HEALTH BENEFITS / SEP 2019 343838 9/3/19 520.00 CORPUZ, T RETIREE HEALTH BENEFITS / SEP 2019 343839 9/3/19 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / SEP 2019 343840 9/3/19 250.00 DEESE, L RETIREE HEALTH BENEFITS / SEP 2019 343841 9/3/19 660.00 DESROCHERS, P RETIREE HEALTH BENEFITS / SEP 2019 343842 9/3/19 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS / SEP 2019 343843 9/3/19 70.00 DIAZ, M RETIREE HEALTH BENEFITS / SEP 2019 343844 9/3/19 680.00 DILLARD, S RETIREE HEALTH BENEFITS / SEP 2019 343845 9/3/19 480.00 DREDGE, J RETIREE HEALTH BENEFITS / SEP 2019 343846 9/3/19 250.00 EISER III, G RETIREE HEALTH BENEFITS / SEP 2019 343847 9/3/19 250.00 ETZLER, J RETIREE HEALTH BENEFITS / SEP 2019 343848 9/3/19 460.00 FABINSKI, D RETIREE HEALTH BENEFITS / SEP 2019 343849 9/3/19 220.00 FERNANDEZ, R RETIREE HEALTH BENEFITS / SEP 2019 343850 9/3/19 270.00 FIFIELD, K RETIREE HEALTH BENEFITS / SEP 2019 343851 9/3/19 540.00 GAUT, A RETIREE HEALTH BENEFITS / SEP 2019 343852 9/3/19 700.00 GELSKEY, K RETIREE HEALTH BENEFITS / SEP 2019 343853 9/3/19 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS / SEP 2019 343854 9/3/19 120.00 GONZALES, M RETIREE HEALTH BENEFITS / SEP 2019 343855 9/3/19 480.00 HANSON, E RETIREE HEALTH BENEFITS / SEP 2019 343856 9/3/19 135.00 HARLAN, M RETIREE HEALTH BENEFITS / SEP 2019 343857 9/3/19 500.00 HAUG, S RETIREE HEALTH BENEFITS / SEP 2019 343858 9/3/19 120.00 HERNANDEZ, M RETIREE HEALTH BENEFITS / SEP 2019 343859 9/3/19 600.00 HERNANDEZ, R RETIREE HEALTH BENEFITS / SEP 2019 343860 9/3/19 400.00 HODGES, H RETIREE HEALTH BENEFITS / SEP 2019 343861 9/3/19 200.00 IBARRA, J RETIREE HEALTH BENEFITS / SEP 2019 343862 9/3/19 780.00 JAMES, R RETIREE HEALTH BENEFITS / SEP 2019 343863 9/3/19 140.00 JUNIEL, R RETIREE HEALTH BENEFITS / SEP 2019 343864 9/3/19 50.00 KIMBLE, R RETIREE HEALTH BENEFITS / SEP 2019 343865 9/3/19 300.00 KLOS, F RETIREE HEALTH BENEFITS / SEP 2019 343866 9/3/19 480.00 LEACH, D RETIREE HEALTH BENEFITS / SEP 2019 343867 9/3/19 600.00 LIMFUECO, M RETIREE HEALTH BENEFITS / SEP 2019 343868 9/3/19 160.00 MATIENZO, M RETIREE HEALTH BENEFITS / SEP 2019 343869 9/3/19 100.00 MC CABE, T RETIREE HEALTH BENEFITS / SEP 2019 343870 9/3/19 280.00 MCDANIEL, P RETIREE HEALTH BENEFITS / SEP 2019 343871 9/3/19 290.00 MEDINA, R RETIREE HEALTH BENEFITS / SEP 2019 343872 9/3/19 105.00 MENDOZA, G RETIREE HEALTH BENEFITS / SEP 2019 343873 9/3/19 290.00 1/4 78 Of 122 CALIFORNIA PAYEE MINER, D MORRISON, R NOTEWARE, D OLIVARES, G OLIVERIA, H PAUU JR, P PEASE JR, D PETERS, S POST, R RAY, S ROARK, L RODRIGUEZ, M RUIZ, J SANCHEZ, L SERVATIUS, J SHORT, C SMITH, J STEWART, W STRASEN, W TIPTON, B VERRY, L VILLAGOMEZ, J WHITE, J ALLSTAR FIRE EQUIPMENT INC ALVAREZ, ESTELA CEB EAN HOLDINGS LLC EDWARDS, FRED EPLUS TECHNOLOGY INC EVERINGHAM BROS BAIT FREGOSO, JESUS RINCON GONZALEZ, REY J HERNANDEZ, LIUS ANTONIO HERTZ VEHICLES LLC HIGUERA, JUAN JOSSE, DENNIS MABPA MARTINEZ MORALES, DIEGO MARTINEZ, GERARDO MILE OF CARS ASSOCIATION NATIONAL CITY CHAMBER NOWDOCS INTERNATIONAL INC OH HOO JA PIERSON, D PORT OF SAN DIEGO PROGRESSIVE SOLUTIONS INC PULUPOT EMANUEL NATIONAL CIi - Xi CORroR.ATED WARRANT REGISTER # 10 9/3/2019 DESCRIPTION RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 RETIREE HEALTH BENEFITS / SEP 2019 CHK NO 343874 343875 343876 343877 343878 343879 343880 343881 343882 343883 343884 343885 343886 343887 343888 343889 343890 343891 343892 343893 343894 343895 343896 DATE 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 RETIREE HEALTH BENEFIT SUBTOTAL LION MODEL CVBM-K7 NATURAL 6 OZ. PBI /FIRE REFUND DUE TO VENDOR PER DATA TICKET LEGAL PUBLICATION - AUTO UPDATE LATE FEES DISMISSED - PAYMENT WAS ON TIME LATE FEES DISMISSED - PAYMENT WAS ON TIME UMBRELLA SECURITY CONTRACT / MIS LATE FEES DISMISSED - PAYMENT WAS ON TIME REFUND DUE TO VENDOR PER DATA TICKET REFUND DUE TO VENDOR PER DATA TICKET REFUND DUE TO VENDOR PER DATA TICKET REFUND DUE TO VENDOR PER DATA TICKET REFUND DUE TO VENDOR PER DATA TICKET TRAINING ADV LDG TACTICAL FIREARM / PD MABPA MEMBERSHIP 6/01/19 THROUGH 5/31/20 LATE FEES DISMISSED - PAYMENT WAS ON TIME REFUND DUE TO VENDOR PER DATA TICKET FY19 APPORTIONMENT MEMBERSHIP DUES AUG 2019 - JUL 2020 GREEN VOID BOTTOM CHECKS / FINANCE REFUND DUE TO VENDOR PER DATA TICKET EDUCATINAL REIMBURSEMENT 343790 343791 343792 343794 343795 343796 343797 343798 343799 343800 343801 343802 343803 343804 343805 343806 343807 343808 343809 343810 343811 REFUNDABLE DEPOSIT FOR SUMMER FIESTA EVENT 343812 CASH REGISTER RIBBON / FINANCE 343813 REFUND DUE TO VENDOR PER DATA TICKET 343814 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 9/3/19 AMOUNT 580.00 520.00 120.00 280.00 360.00 340.00 140.00 290.00 280.00 190.00 135.00 260.00 310.00 330.00 340.00 300.00 320.00 200.00 135.00 250.00 280.00 480.00 230.00 21,500.00 63,836.01 25.00 1,266.05 30.00 35.00 3,919.50 35.00 90.00 25.00 25.00 25.00 25.00 477.54 300.00 35.00 25.00 101,323.70 100.00 365.40 35.00 645.00 1,500.00 239.77 25.00 2/4 79 Of 122 CALIFORNIA PAYEE ROM LLC ROSS HARRY M SAN DIEGO CRIME SD COUNTY POLICE CHIEF'S SOUTH COAST FIRE EQUIPMENT INC SUN BADGE COMPANY INC TALLABAS, BRENDA THE LEW EDWARDS GROUP U S BANK WATKINS, JERRY WILSON, ALBERT FRANK ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP ACTION TARGET INC ALDEMCO ALL FRESH PRODUCTS ALPHA PROJECT FOR THE HOMELESS AT&T AT&T AT&T AUTODESK INC CDWG CITRIX SYSTEMS INC COX COMMUNICATIONS CSA SAN DIEGO COUNTY CSULB FOUNDATION DANIELS TIRE SERVICE DE LAGE LANDEN DEPARTMENT OF CONSERVATION ENSAFE INC ESGIL CORPORATION FEDEX GONZALEZ, HERMELINDA HOME DEPOT CREDIT SERVICES HUDSON SAFE T LITE RENTALS ID SERVICES INC LOPEZ, J LOPEZ, R MALLORY SAFETY & SUPPLY LLC MCGOUGH, J MEYERS NAVE OPES CONSTRUCTION INC PACIFIC TELEMANAGEMENT SERVICE PE, R PRADO OLYMPIC SHOOTING PARK PRO BUILD COMPANY QUEZADA, L RUDE, R NATIONAL CIi - Xi CORroR.ATED WARRANT REGISTER # 10 9/3/2019 DESCRIPTION MUSIC FOR SUMMER FIESTA EVENT! CSD REFUND DUE TO VENDOR PER DATA TICKET MEMBERSHIP L. CEKANDER NCPD SD COUNTY CHIEF/SHERIFF ASSN TELLEZ PIERCE ARROW XT PIC / FIRE P200 - 2 SUNTONE/SILTONE FLAT BADGE REFUND DUE TO VENDOR PER DATA TICKET CONSULTANT SERVICES / HOUSING 08-22-19 CREDIT CARD STATEMENT -BRAD RAUL REFUND DUE TO VENDOR PER DATA TICKET REFUND DUE TO VENDOR PER DATA TICKET UNIFORM SUPPLIES / PD WIRE STAKES FOR SIGNS / PD SERVICE VISIT FOOD / NUTRITION FOOD / NUTRITION ALPHA PROJECT FOR OUTREACH SERVICES MAY AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AUTOCAD- CYLANCE PROT+OPTICS 501-1k ENDPTS SHAREFILE UNLIMITED RENEWAL COX DATA VIDEO SERVICES FY20 CDBG AGREEMENT: CSA SAN DIEGO COUNTY TRAINING TUITION FET/MAYO TIRES FOR CITY FLEET FOR FY 2020 LEASE 20 SHARP COPIERS FOR FY20. SEISMIC HAZARD MAPPING FEES - ENG REMEDIATION - PARADISE PH3-CA ESGIL - PLAN REVIEW SERVICE TESTING MATERIALS FOR FIRE CAPTAIN BUILDING FEE REFUND GENERAL SUPPLIES NEEDED FOR BUILDING ASPHALT AND CONCRETE IN A CAN FARGO DTC 4250E DUAL SIDED CARD PRINTER MILEAGE REIMBURSEMENT TRAINING ADV LDG SWAT LOPEZ / PD SURVEY VESTS GLOVES AND CREDIT INVOICE TRAINING FTO UPD REIM MCGOUGH / PD LABOR RELATIONS AND NEGOTIATIONS SERVICE REFUND OF CONSTRUCTION AND DEMO DEPOSIT PAYPHONE SERVICES REIMBURSEMENT FOR TRANSPORTATION TRAINING SWAT RANG FEE LOPEZ/RUDE / PD MOP 45707 PAINT SUPPLIES / NSD REIMBURSEMENT QUEZADA / NSD TRAINING ADV LDG SWAT ROBERT RUDE / PD CHK NO DATE 343815 9/3/19 343816 9/3/19 343817 9/3/19 343818 9/3/19 343819 9/3/19 343820 9/3/19 343821 9/3/19 343822 9/3/19 343823 9/3/19 343824 9/3/19 343825 9/3/19 343897 9/3/19 343898 9/3/19 343899 9/3/19 343900 9/3/19 343901 9/3/19 343902 9/3/19 343903 9/3/19 343904 9/3/19 343905 9/3/19 343906 9/3/19 343907 9/3/19 343908 9/3/19 343909 9/3/19 343910 9/3/19 343911 9/3/19 343913 9/3/19 343914 9/3/19 343915 9/3/19 343916 9/3/19 343917 9/3/19 343918 9/3/19 343919 9/3/19 343920 9/3/19 343921 9/3/19 343922 9/3/19 343923 9/3/19 343924 9/3/19 343925 9/3/19 343926 9/3/19 343927 9/3/19 343928 9/3/19 343929 9/3/19 343930 9/3/19 343931 9/3/19 343932 9/3/19 343933 9/3/19 343934 9/3/19 AMOUNT 3,400.00 35.00 35.00 500.00 5,471.21 148.57 25.00 3,500.00 4,235.39 25.00 35.00 4,787.26 55.46 1,950.00 4,265.85 553.84 12,520.06 8,833.45 2,286.60 457.42 4,512.00 14,403.75 676.85 174.00 4,995.31 724.00 1,809.87 2,939.63 6,007.14 113,624.71 22,654.63 26.85 406.80 261.16 448.16 2,540.31 18.10 1,949.15 54.59 86.00 4,900.00 1,056.30 86.58 51.26 150.00 145.18 58.70 1,949.15 3/4 80 of 122 * CALIFORNIA �--{ PAYEE RUTHY PUZON SAN DIEGO MIRAMAR COLLEGE SDHI INC SEAPORT MEAT COMPANY SEGAL, M SOUTH BAY FENCE STAPLES BUSINESS ADVANTAGE STC TRAFFIC SUPERIOR READY MIX SYSCO SAN DIEGO INC THE STAR NEWS UNITED ROTARY BRUSH CORP VISTA PAINT WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS CITY OF SAN DIEGO SECTION 8 HAPS NATIONAL Orry- rNGORroR.ATET) WARRANT REGISTER # 10 9/3/2019 DESCRIPTION REFUND DEPOSIT FOR TEMP BANNER TRAINING POLICE ACADMEY 119 LOPEZ REFUND OF CONSTRUCTION AND DEMO DEPOSIT FOOD / NUTRITION TRAINING REIM THRT ASSMT CONF/SEGAL ROLL OF 4 POINT BART WIRE OFFICE SUPPLIES - STAPLES MOP 45704 PLAZA MIDBLOCK X-WALK LIGHTING ASPHALT TACK 3/8 SHEET FOOD / NUTRITION PUBLIC NOTICING - STAR NEWS STREET SWEEPER REPAIRS AND MAINTENANCE MOP 68834 PAINT SUPPLIES COMPUTER ACCESSORIES SEWERAGE SYST 1ST QTR 7/01/19 - 9/30/19 Start Date 8/28/2019 End Date 9/3/2019 GRAND TOTAL CHK NO DATE AMOUNT 343935 9/3/19 500.00 343936 9/3/19 184.00 343937 9/3/19 154.86 343938 9/3/19 1,007.19 343939 9/3/19 194.77 343940 9/3/19 103.31 343941 9/3/19 79.29 343942 9/3/19 941.48 343943 9/3/19 499.96 343944 9/3/19 3,982.86 343945 9/3/19 527.88 343946 9/3/19 305.20 343947 9/3/19 561.87 343948 9/3/19 627.24 A/P Total 445,408.17 91482 8/29/19 1,408,984.00 927,393.45 $ 2,781,785.62 4/4 81 of 122 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 15TH OF OCTOBER 2019. AYES NAYS ABSENT 82 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 83 The following page(s) contain the backup material for Agenda Item: Warrant Register #11 for the period of 9/4/19 through 9/10/19 in the amount of $2,652,416.39. (Finance) Please scroll down to view the backup material. 83 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #11 for the period of 9/4/19 through 9/10/19 in the amount of $2,652,416.39. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finance APPROVED BY: it ` Per Government Section Code 37208, attached are the warrants issued for the period 9/4/19 - 9/10/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation DBX Inc 343955 70,495.65 Comm Infra Expansion Kimball Tower Whillock Contracting 343989 114,639.95 Portion of Contracting — Retention Ameresco Inc 343991 309,367.18 Energy Service Agreement Fordyce Construction 344012 61,075.50 1430 Hoover Ave Warehouse Tenant Kaiser Foundation HP 344020 186,633.44 Group 104220-0002 August 2019 Portillo Concrete Inc 344031 148,931.98 Harbison Ave Road DIET Select Electric Inc 344045 111,361.44 Vehicle Maintenance Items Public Emp Ret System 9052019 255,729.60 Service Period 8/13/19-8/26/19 FINANCIAL STATEMENT: APPROVED: `i'i/Q Xa-/ FINANCE ACCOUNT NO. APPROVED: MIS Warrant total $2,652,416.39. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $2,652,416.39 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 11 ii4 01122 * CALIFORNIA PAYEE ACE UNIFORMS & ACCESSORIES INC ALDEMCO ALL FRESH PRODUCTS CITY OF SAN DIEGO CLEAN HARBORS ENVIRONMENTAL COUNTY OF SAN DIEGO DBX INC ESGIL CORPORATION FIRE ETC GRAINGER JANI-KING OF CALIFORNIA INC MAINTEX INC METRO AUTO PARTS DISTRIBUTOR MEYERS NAVE MY LITTLE CARNIVAL NATIONAL CITY CAR WASH NATIONAL CITY CHAMBER OF NATIONAL CITY MOTORCYCLES NV5 INC OFFICE SOLUTIONS BUSINESS OFFICE TEAM OLIVER PRODUCTS PACIFIC REFRIGERATION INC PADRE JANITORIAL SUPPLIES PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC SAN DIEGO COUNTY ASSESSOR SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SITEONE LANDSCAPE SUPPLY LLC SOCAL PPE SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SYSCO SAN DIEGO INC THE SHERWIN WILLIAMS CO TINOSA INC WHILLOCK CONTRACTING ACADEMI TRAINING CENTER LLC AMERESCO INC BOOT WORLD CAPF CALIFORNIA ASSOCIATION OF CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT NATIONAL GM rNCORon xi' ET, - WARRANT REGISTER # 11 9/10/2019 DESCRIPTION ADJUSTABLE RADIO HOLDER BLACK - NSD FOOD FOR NUTRITION FOOD FOR NUTRITION FIRE DISPATCH SERVICES TO NATIONAL CITY JUL 2019 N C HHW - RATE & ADDITIONAL LOA FACILITY PERMIT RENEWAL 9/30/19 - 9/30/20 COMM INFRA EXPANSION KIMBALL TOWER PLAN CHECK REVIEW SERVICES JUN 2019 STRUCTURE BOOTS POWER TOE BLACK MOP 65179 GENERAL SUPPLIES - PW JANITORIAL SERVICES AUG 2019 - NUTRITION RAGS 4 CORNER TURKISH TOWELS / NSD MOP 75943 AUTO SUPPLIES - PW CONFERENCE CALL JUL 29, 2019 FACE PAINTING / NC SUMMER FIESTA CAR WASH SERVICES FOR CITY FLEET SALUTE TO NAVY COMMANDER OCT 24, 2019 SERVICE AND REPAIR FOR EMERGENCY EAST 1ST & PALM AVE ADA SURVEY SVCS MOP 83778 OFFICE SUPPLIES - ENG TEMPORARY SERVICES W/E AUG 02, 2019 - NSD PACKAGING MATERIALS FOR HOME DELIVERED EQUIPMENT REPAIR / NUTRITION CONSUMABLES - NUTRITION MOP 45707 GENERAL SUPPLIES - PW TEMP SVCS W/E JUL 28, 2019 - MAYOR OFFICE MOP 69277 LANDSCAPE SUPPLIES - PW C OF N C LIBRARY HVAC SYSTEM REPAIR SAN DIEGO COUNTY RECORDS JUL 2019 / NSD PARADISE CREEK PARK EXPANSION GAS & ELECTRIC UTILITIES FOR PW FY 2020 FOOD - NUTRITION MOP 69277 LANDSCAPE SUPPLIES - PW TURNOUT INSPECTION/REPAIR MOP 45758 GENERAL AUTO SUPPLIES - PW MOP 45704 CITY CLERK OFFICE SUPPLIES ASPHALT, TACK 3/8 SHEET FY 2020 FOOD - NUTRITION MOP 77816 PAINT SUPPLIES / NSD AIR COMPRESSOR SERVICE PORTION OF CONTRACT - RETENTION TRAINING SHOOT / PD ENERGY SERVICE AGREEMENT MOP 64096 SAFETY WEARING APPAREL - PW SEPTEMBER 2019 - FIRE LDT CACEO 2019 SEMINAR / NSD MOP 45698 GENERAL SUPPLIES - PW SEPTEMBER 2019 - PD LTD CHK NO DATE 343949 9/9/19 343950 9/9/19 343951 9/9/19 343952 9/9/19 343953 9/9/19 343954 9/9/19 343955 9/9/19 343956 9/9/19 343957 9/9/19 343958 9/9/19 343959 9/9/19 343960 9/9/19 343961 9/9/19 343962 9/9/19 343963 9/9/19 343964 9/9/19 343965 9/9/19 343966 9/9/19 343967 9/9/19 343968 9/9/19 343969 9/9/19 343970 9/9/19 343971 9/9/19 343972 9/9/19 343973 9/9/19 343974 9/9/19 343975 9/9/19 343976 9/9/19 343977 9/9/19 343978 9/9/19 343979 9/9/19 343980 9/9/19 343981 9/9/19 343982 9/9/19 343983 9/9/19 343984 9/9/19 343985 9/9/19 343986 9/9/19 343987 9/9/19 343988 9/9/19 343989 9/9/19 343990 9/10/19 343991 9/10/19 343992 9/10/19 343993 9/10/19 343994 9/10/19 343995 9/10/19 343996 9/10/19 AMOUNT 48.48 2,963.58 867.51 5,016.00 1,678.82 646.00 70,496.65 5,157.90 6,107.43 923.80 5,498.58 340.94 284.96 280.00 359.00 535.00 1,500.00 2,178.90 18, 379.50 50.84 3,571.57 1,031.16 1,420.76 367.24 4,057.41 6,708.00 557.85 2,382.50 4.00 477.24 121.40 1,780.19 1,268.15 1,516.45 352.82 137.82 1,748.39 4,551.74 162.30 250.00 114,639.95 400.00 309, 367.18 475.07 955.00 410.00 33.78 2,082.50 1/3 85 Of 122 * CALIFORNIA PAYEE COUNTYWIDE MECHANICAL SYSTEMS CPOA DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DAY, J DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPARTMENT OF TRANSPORTATION DEPT OF JUSTICE D-MAX ENGINEERING INC EXPERIAN FACTORY MOTOR PARTS FASTSIGNS FORDYCE CONSTRUCTION INC GEOSYNTEC CONSULTANTS INC GOVCONNECTION INC GRAINGER GROSSMAN PSYCHOLOGICAL GROWERS SOLUTION LLC HUTCHINSON, C IPS GROUP INC KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN LANGUAGE LINE SERVICES METRO AUTO PARTS DISTRIBUTOR NATIONAL CITY TROPHY O'REILLY AUTO PARTS PALOMAR HEALTH PORTILLO CONCRETE INC PRO BUILD COMPANY PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RELIANCE STANDARD RELY ENVIRONMENTAL RELY ENVIRONMENTAL S D COUNTY SHERIFF'S DEPT SAKAMOTO, C SAN DIEGO KIDS PARTY RENTALS SAN DIEGO PET SUPPLY SCST INC SDG&E SELECT ELECTRIC INC NATIONAL GM rNCORroR.ATET, - WARRANT REGISTER # 11 9/10/2019 DESCRIPTION LABOR STANDARD TIME - TRUCK CHARGE CPOA DUES ESPIRITU / PD TIRES FOR CITY FLEET FOR FY 2020 MAINT AUG - OCT CALIFORNIA PARAMEDIC RENEW AUG 2019 GROUP 05-0908600000 AUGUST 2019 GROUP 05-0908601002 AUGUST 2019 GROUP 05-7029600000 AUGUST 2019 GROUP 05-7029600002 AUGUST 2019 HIGHWAY LIGHTING FOR FY 2019 DOJ FINGERPRINTING / PD EL TOYON - LAS PALMAS BICYCLE BLVD JUL 2019 CREDIT CHECKS / PD MOP 82766 AUTO SUPPLIES - PW HOT TEAM MAGNETS / PD 1430 HOOVER AVE WAREHOUSE TENANT IMP VALLEY RD CHANNEL IMPROV APR 30, 2019 HEADSETS FOR DISPATCH MOP 9513 SUPPLIES PD PSYCH EXAMS JUNE COVER FOR VISITOR LOT MILLAGE REIMB STORMWATER MEETING - ENG ENFORCEMENT SERVICES JUNE 2019 GROUP 104220-0002 AUGUST 2019 GROUP 104220-01, 06, 07 - AUGUST 2019 GROUP 104220-03, 09 - AUGUST 2019 GROUP 104220-05 - AUGUST 2019 GROUP 104220-7002 - AUGUST 2019 LABOR EXPENSES DIVISION ST JUN 30, 2019 LANGUAGE LINE SERVICES MOP 75943 AUTO SUPPLIES - PW MOP 66556 OFFICE SUPPLIES - PW MOP 75877 AUTO SUPPLIES - PW SART FORENSIC EXAMS HARBISON AVENUE ROAD DIET MOP 45707 GENERAL SUPPLIES - PW ADA TRANSITION PLANS/AUDIT JUN 2019 MOP 45742. LAUNDRY SERVICES / PARKS GROUP VA1826233 AUGUST 2019 HAZARDOUS WASTE CONTRACT AUG 2019 HARDOUS WASTE CONTRACT JUL 2019 TRAINING / PD REIMBURSEMENT / UNIFORM PD SUMMER FIESTA JUMPERS / CSD MOP 02975 K9 SUPPLIES PD 304 WEST 19TH STREET ENV MAR 31, 2019 GAS AND ELECTRIC UTILITIES - PW CITYWIDE TRAFFIC SIGNAL & ADA IMP CHK NO DATE 343997 9/10/19 343998 9/10/19 343999 9/10/19 344000 9/10/19 344001 9/10/19 344002 9/10/19 344003 9/10/19 344004 9/10/19 344005 9/10/19 344006 9/10/19 344007 9/10/19 344008 9/10/19 344009 9/10/19 344010 9/10/19 344011 9/10/19 344012 9/10/19 344013 9/10/19 344014 9/10/19 344015 9/10/19 344016 9/10/19 344017 9/10/19 344018 9/10/19 344019 9/10/19 344020 9/10/19 344021 9/10/19 344022 9/10/19 344023 9/10/19 344024 9/10/19 344025 9/10/19 344026 9/10/19 344027 9/10/19 344028 9/10/19 344029 9/10/19 344030 9/10/19 344031 9/10/19 344032 9/10/19 344033 9/10/19 344034 9/10/19 344035 9/10/19 344036 9/10/19 344037 9/10/19 344038 9/10/19 344039 9/10/19 344040 9/10/19 344041 9/10/19 344042 9/10/19 344043 9/10/19 344044 9/10/19 AMOUNT 890.00 500.00 532.75 4,716.00 200.00 15, 600.80 280.45 2,703.36 16.50 15,158.66 32.00 2,703.02 27.00 393.87 137.29 61, 075.50 3,216.00 1,361.93 159.41 1,300.00 1,360.80 73.23 1,180.39 186,633.44 20, 810.68 5,878.41 4,586.92 1,632.72 412.20 92.76 12.65 80.48 157.87 1,950.00 148, 931.98 721.32 37, 344.41 1,557.77 7,383.43 3,312.00 408.25 3,150.00 127.12 840.00 620.41 5,183.50 825.57 111,361.44 2/3 86 Of 122 * CALIFORNIA PAYEE SHINE SUPPLY SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP STC TRAFFIC SULLIVAN, C SWEETWATER AUTHORITY THE BUMPER GUY INC THE COUNSELING TEAM THE LINCOLN NATIONAL LIFE INS THE SHERWIN WILLIAMS CO TOPECO PRODUCTS U S BANK UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VISION SERVICE PLAN VORTEX INDUSTRIES INC WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY ZAPPIELLO, L WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 19 8/27/2019 NATIONAL GM rNCORipoR.ATEg - WARRANT REGISTER # 11 9/10/2019 DESCRIPTION VEHICLE MAINTENANCE ITEMS MOP 69277 LANDSCAPE SUPPLIES - PW MOP 63845 BUSINESS CARD IMPRINTS - FIRE MOP 45758 GENERAL AUTO SUPPLIES - PW PEDESTRIAN ADA IMPROVEMENTS JUN 2019 EDUCATIONAL REIMBURSEMENT WATER BILL FOR FACILITIES FY 2020 FORD VEHICLE PAINT & PARTS DEC 13, 2018 EMPLOYEE SUPPORT SERVICES / PD GROUP 415491 SEPTEMBER 2019 MOP 77816 PAINTING SUPPLIES - PW MOP 63849 GENERAL SUPPLIES - PW CREDIT CARD EXPENSES / PD STREET SWEEPER REPAIRS AND MAINTENANCE MOP 46453 BUILDING SUPPLIES - PW STRAY ANIMAL VET CARE / PD AUGUST 2019 VISION SERVICE PLAN (CA) REPAIRS 2ND AND 3RD ROLLING STEEL DOORS MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW MOP 45763 ELECTRIC SUPPLIES - PW MILEAGE REIMB AUG 07 AND 15, 2019 - ENG SERVICE PERIOD 08/13/19 - 08/26/19 End Date 9/9/2019 Check Date 9/18/2019 GRAND TOTAL CHK NO DATE 344045 9/10/19 344046 9/10/19 344047 9/10/19 344048 9/10/19 344049 9/10/19 344050 9/10/19 344051 9/10/19 344052 9/10/19 344053 9/10/19 344054 9/10/19 344055 9/10/19 344056 9/10/19 344057 9/10/19 344058 9/10/19 344059 9/10/19 344060 9/10/19 344061 9/10/19 344062 9/10/19 344063 9/10/19 344064 9/10/19 344065 9/10/19 344066 9/10/19 A/P Total 9052019 9/5/19 AMOUNT 437.58 430.30 36.98 135.31 17, 557.35 2,252.76 31, 879.36 484.50 6,400.00 9,506.01 126.97 20.49 882.79 305.22 455.65 1,110.13 827.09 750.00 677.69 74.36 158.74 22.44 1,316,310.37 255, 729.60 1,080,376.42 $ 2,652,416.39 3/3 87 Of 122 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 15TH OF OCTOBER 2019. AYES NAYS ABSENT 88 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 89 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the designation of historic properties as recommended by the National City Historical Society and based on historic properties surveys. (Planning) Please scroll down to view the backup material. 89 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the designation of historic properties as recommended by the National City Historical Society and based on historic properties surveys. (Planning) PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: PI g Division PHONE: 619-336-4421 APPROVED BY: Armando Vergara Director of Community Development EXPLANATION: Municipal Code Section 18.12.160 Historic Properties provides for the preservation of historic resources by establishing a list of designated historic properties. There are currently 32 properties on the list, including four on the National Register of Historic Places. Designation may be initiated by resolution of the City Council or by application of the property owner. On May 15, 2018, the City Council directed staff to update historic properties surveys in consultation with the National City Historical Society and to contact owners of properties to be considered for designation. On October 16, 2018, the City Council adopted Resolution 2018-187, which initiated the designation of 32 properties recommended by the Historical Society. Two properties initiated for designation were demolished by the property owner for redevelopment after City Council review and approval of building permits. The Historical Society was given the opportunity to salvage materials before demolition. On September 9, 2019, the Planning Commission considered the remaining 30 properties for designation and the written request of the property owner of 110 D Avenue to exclude the property. The Planning Commission voted to exclude 110 D Avenue and recommend that the City Council designate the remaining 29 properties. The City Council may initiate and designate historic properties without property owner consent; however, the City Council may use its discretion to include or exclude any of the properties proposed to be designated. (Background attached) FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Not applicable. ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations Section 15378. ORDINANCE: INTRODUCTION ❑ FINAL ADOPTION ❑ Not applicable. STAFF RECOMMENDATION: Adopt the resolution approving the designation of historic properties. BOARD / COMMISSION RECOMMENDATION: On September 9, 2019, the Planning Commission adopted Resolution No. 2019-19 recommending that the City Council approve historic designations for 29 properties. ATTACHMENTS: 1. Background. 2. Planning Commission Resolution No. 2019-19. 3. Planning Commission Staff Report 2019-20 HL. 4. Resolution. 90 of 122 BACKGROUND Municipal Code Section 18.12.160 Historic Properties provides for the preservation of historic resources by establishing a list of designated historic properties. There are currently 32 properties on the list, including four on the National Register of Historic Places. Designation may be initiated by resolution of the City Council (without property owner consent) or by application of the property owner. The application fee (not to exceed $5,050) would not apply to properties initiated by City Council. On May 15, 2018, the City Council directed staff to update previous historic properties surveys in consultation with the National City Historical Society and to contact owners of properties that should be considered for designation. An informational meeting was held for those property owners on August 14, 2018. On October 16, 2018, the City Council adopted Resolution 2018-187, which initiated the historic designation of 32 properties as recommended by the Historical Society. Two properties initiated for designation were demolished for redevelopment after City Council approval of building permits. On December 18, 2018, the City Council approved a demolition permit for 1932 Harding Avenue with a condition that the Historical Society be allowed 90 days to salvage materials before demolition. The owner has proposed to develop nine single-family residences on the site. On August 20, 2019, the City Council approved a demolition permit for 1929 Harding Avenue. The Historical Society completed an inspection of the property and found nothing of salvage value due to the dilapidated condition of the structure. The owner has proposed to develop an 18-unit apartment complex on the site. On September 9, 2019, the Planning Commission considered the remaining 30 properties for designation. At the public hearing, the Planning Commission considered the written request of the property owner of 110 D Avenue to exclude the property from designation. The Planning Commission voted to exclude the property and recommend that the City Council designate the remaining 29 properties initiated by City Council Resolution 2018- 187. Criteria for Designation The Municipal Code does not provide specific criteria for the designation of historic properties; however, properties previously designated have met the criteria set out by the California Office of Historic Preservation for historical resources. A historic resource should be over 50 years old and meet at least one of the following criteria: 1. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. ATTACHMENT 1 91 of 122 2. Associated with the lives of persons important to local, California or national history. 3. Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. The National City Historical Society found that all of the properties recommended for designation meet criteria no. 3 in that each embodies the distinctive characteristics of a type, period, region or method of construction. In addition, some of the properties also meet other criteria. Building Permits and Designated Properties If the Building Official determines that a property proposed for demolition or significant alteration or conversion is on the historic properties list, building permits are withheld for a period of 30 days and notice provided to the Historical Society. Any comments from the Historical Society are included in a staff report and recommendation to the City Council. The City Council may approve the permit, deny the permit with findings, or withhold issuance until alternative measures have been evaluated. Historic Properties Surveys The City's most recent surveys were updated under consultation with the National City Historical Society, which conducted an extensive review of the surveyed properties in addition to other properties not included in the surveys. Initially, 73 properties with the highest ranking on the most recent (2010) survey were considered. After subsequent review by the Historical Society, only 32 of those were deemed appropriate for designation and were included in City Council Resolution 2018-187. However, the Historical Society identified approximately 50 additional properties that they recommended be considered for designation. If directed by City Council, staff would contact these property owners and prepare a subsequent resolution to initiate the additional properties for consideration. The City engaged consultants to conduct historic properties surveys in 1989, 1994, and 2010. The 1989 survey listed a total of 108 potentially historic properties. The 1994 survey was more extensive and included 1,183 properties with approximately 174 potentially significant. The 2010 survey updated the 1989 and 1994 surveys by including 138 of the highest ranked properties on the 1994 survey, 89 properties on the 1989 survey, and 16 properties listed on the California Historical Resources Information System (CHRIS) for a total of 188 properties. The 2010 update was undertaken to determine the presence or absence and basic integrity/condition of the properties. Of the 2 92 of 122 188 resources surveyed in 2010, 39 could not be relocated for various reasons, e.g. incomplete information, located on military installation, mismatched style/replacement structure, etc. The 2010 survey found that most of the remaining 149 buildings retained their integrity, ranging from fair to excellent condition. Thirteen buildings were found to be in fair to poor condition, and only two were found to be in poor condition. Buildings found to be in good or good to fair condition included many that had been altered on their exteriors in non- structural ways, which affected the historic integrity but could also be reversed. Examples of alterations included original clapboard siding covered in stucco or original doors and windows (e.g. wood sash casement or double -hung) replaced by non -period materials (e.g. aluminum or vinyl framed windows). In 2014, staff conducted a review of the 2010 survey to verify the integrity of the database and to develop a current GIS database file. The review found that the presence/absence findings of the 2010 survey were still valid. A 2017 cursory review of the database against GIS aerial imagery and additional mapping and data sources found that most buildings were still present, and that four of the properties had been designated and listed since the 1994 survey. As new information becomes available, data references are updated within the database for current accuracy. Mills Act Program California Government Code Section 50280, commonly known as "the Mills Act," authorizes local agencies to enter into agreements with owners of qualified historic properties. These contracts are a historic preservation tool that allows for property tax reductions for owners who agree to preserve and/or restore their historic structures. On May 7, 2002, the City Council adopted a Mills Act program allowing the City to enter into contracts with owners of historic properties. Any historic structure on the list is eligible for a Mills Act contract. The application fee is $100 per $100,000 of assessed value of the historic property, not to exceed $500. To date, the City has entered into 13 contracts between 2002 and 2010. The last three contracts approved by City Council resulted in a reduction of approximately $6,242 in annual property tax revenue to the City. Properties with Mills Act contracts are re -assessed by the County Assessor based on the capitalization of income method. This method considers the income -producing (rental) potential of a property rather than its resale value, and generally results in a tax reduction of between 15% and 60% for properties assessed under Proposition 13. The State estimates that the average tax reduction is approximately 50%. Mills Act contracts have an initial term of 10 years and are automatically extended for one year on the anniversary date so that the term of the contract is always 10 years. Either the City or the property owner may opt not to renew the contract, which would expire after the current 10 year term. The City may cancel the contract following a public hearing if 3 93 of 122 the contract is breached or the property is allowed to deteriorate. If cancelled, the owner must pay a fee equal to 12.5% of the property's value. State law requires the contracts to provide for the preservation of the property and for its restoration/rehabilitation where necessary in compliance with the California Office of Historic Preservation regulations, the U.S. Secretary of the Interior's Standards for Rehabilitation, and the State Historical Building Code. Contracts provide for required inspections and are binding on future property owners. California Register of Historical Resources The mission of the State Office of Historic Preservation and the State Historical Resources Commission is to preserve and enhance California's historic heritage so that cultural, educational, recreational, aesthetic, economic, social, and environmental benefits will be maintained and enriched for present and future generations. California Historical Landmarks are buildings, structures, sites, or places that have been determined to have statewide historical significance by meeting required criteria. California Historical Landmarks are listed in the California Register of Historical Resources. National Register of Historic Places The National Register of Historic Places is authorized under the National Historic Preservation Act of 1966. The National Register is part of a national program to coordinate and support public and private efforts to identify, evaluate, and protect historic and archeological resources. Properties listed in the Register include districts, sites, buildings, structures, and objects that are significant in American history, architecture, archeology, engineering, and culture. The National Register is administered by the National Park Service under the U.S. Department of the Interior. 4 94 of 122 RESOLUTION NO. 2019-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY RECOMMENDING TO THE CITY COUNCIL THE DESIGNATION OF HISTORIC PROPERTIES AT VARIOUS LOCATIONS IN THE CITY OF NATIONAL CITY CITY COUNCIL INITIATED CASE FILE NO. 2019-20 HL WHEREAS, National City Municipal Code Section 18.12.160 provides for the preservation of National City's historic resources by establishing a list of designated historic properties; and WHEREAS, National City Municipal Code Section 18.12.160.B provides that the designation of a historic property may be initiated by resolution of the City Council or by application of the property owner; and WHEREAS, on May 15, 2018, the City Council directed staff to update previous historic properties surveys in consultation with the National City Historical Society and to contact owners of properties that should be considered for designation; and WHEREAS, the surveys were updated under consultation with the National City Historical Society, which conducted an extensive review of the surveyed properties; and WHEREAS, 32 property owners were provided notice of the City Council's intent to initiate the historic designation and an informational meeting held on August 14, 2018; and WHEREAS, on October 16, 2018, the City Council adopted Resolution 2018- 187, which initiated the historic designation of 32 properties as recommended by the National City Historical Society; and WHEREAS, two of the properties recommended for designation have since been demolished following City Council consideration and approval of building permits for demolition; and WHEREAS, the Planning Commission conducted a duly noticed public hearing held on September 9, 2019, at which time the oral and documentary evidence was presented; and WHEREAS, at said public hearing the Planning Commission considered the staff report for Case File No. 2019-20 HL, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, the Planning Commission has made the finding that the properties recommended for designation meet at least one of the criteria set out by the California ATTACHMENT 2 5 95 of 122 Office of Historic Preservation, namely that each embodies the distinctive characteristics of a type, period, region, and/or method of construction; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that it hereby recommends that the City Council designate the following addresses as historic properties: 31 East 2nd Street 204 East 2nd Street 1105 East 2nd Street 1112 East 2nd Street 1116 East 2nd Street 211 East 3rd Street 141 E 4th Street 441 East 7th Street 1041 East 17th Street 2221 East 18th Street 2323 East 18th Street 1320 East 24th Street 1333 East 24th Street 2715 A Avenue 602 B Avenue 1206 Coolidge Avenue 520 F Avenue 523 F Avenue 618 F Avenue 642 F Avenue 1808 F Avenue 1240 Harding Avenue 1507 Harding Avenue 913 Hoover 1605 J Avenue 1723 J Avenue 2565 J Avenue 2333 Prospect Avenue 1905-1907 Wilson Ave BE IT FURTHER RESOLVED that the Planning Commission of the City of National City, California, has made the finding that the properties recommended for designation meet at least one of the criteria set out by the California Office of Historic Preservation, namely that each embodies the distinctive characteristics of a type, period, region, and/or method of construction; and, BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 9, 2019, by the following vote: AYES: Yamane, Natividad, Baca, Flores, Dela Paz, Garcia NAYS: None. ABSENT: Sendt ABSTAIN: None. 'L.i CHAIRPERSON 6 96 of 122 Item no. 5 September 9, 2019 CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING — DESIGNATION OF HISTORIC PROPERTIES CITYWIDE Case File No.: 2019-20 HL Location: Various Locations Citywide Assessor's Parcel No: Multiple APNs Citywide Staff report by: Raymond Pe, Principal Planner Applicant: City Council Initiated Zoning designation: Various Zoning Citywide Adjacent uses and zoning: Various Uses/Zoning Citywide North: East: South: West: Environmental review: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations Section 15378. Staff recommendation: Adopt a resolution recommending that the City Council approve Historic Designations for each of the subject properties. ATTACHMENT 3 7 97 of 122 Planning Commission Meeting of September 9, 2019 Page 2 Staff Recommendation Staff recommends that the Planning Commission adopt a resolution recommending that the City Council approve historic designations for each of the subject properties. Background Municipal Code Section 18.12.160 Historic Properties provides for the preservation of historic resources by establishing a list of designated historic properties. There are currently 32 properties on the list, including four on the National Register of Historic Places. Designation may be initiated by resolution of the City Council or by application of the property owner. On May 15, 2018, the City Council directed staff to update previous historic properties surveys in consultation with the National City Historical Society and to contact owners of properties that should be considered for designation. An informational meeting was held for those property owners on August 14, 2018. On October 16, 2018, the City Council adopted Resolution 2018-187, which initiated the historic designation of 32 properties as recommended by the National City Historical Society. One of the properties recommended for designation, 1932 Harding Avenue, was demolished after the City Council approved the building permit on December 18, 2018 with a condition that the National City Historical Society be given 90 days to salvage any materials from the structure before demolition. The owner plans to develop nine single-family residences on the site. The owner of 1929 Harding applied for a building permit to demolish the structures on the property and plans to develop an 18-unit apartment complex on the site. On August 20, 2019, the City Council approved the building permit for demolition. The Historical Society completed an inspection of the property and found nothing of salvage value due to the dilapidated condition of the structures, and has indicated no objection to the issuance of the permit. With the demolition of 1932 Harding Avenue and the proposed demolition of 1929 Harding Avenue, staff recommends the designation of the remaining 30 properties initiated by City Council Resolution 2018-187. Notice of the Planning Commission public hearing was mailed to the owners of the initiated properties. Staff received general inquiries, and correspondence received from property owners is attached. 8 98 of 122 Planning Commission Meeting of September 9, 2019 Page 3 The Municipal Code does not provide criteria for the designation of historic properties; however, a property should meet the criteria set out by the California Office of Historic Preservation for historical resources. A historic resource should be over 50 years old and meet at least one of the following criteria: 1. Associated with events that have made a significant contribution to the broad patterns of local or regional history or the cultural heritage of California or the United States. 2. Associated with the lives of persons important to local, California or national history. 3. Embodies the distinctive characteristics of a type, period, region or method of construction or represents the work of a master or possesses high artistic values. 4. Has yielded, or has the potential to yield, information important to the prehistory or history of the local area, California or the nation. All of the properties recommended for designation meet criteria no. 3 in that each embodies the distinctive characteristics of a type, period, region or method of construction. In addition, some of the properties also meet other criteria. Options 1. Adopt the resolution. 2. Amend and adopt the resolution. 3. Take no action on the resolution. 4. Continue the item. 9 99 of 122 Planning Commission Meeting of September 9, 2019 Page 4 Attachments 1. City Council Resolution 2018-187 2. Municipal Code Section 18.12.160 Historic Properties 3. Historic Properties List 4. Public Hearing Notice 5. Correspondence from Property Owners 6. Resolution RAYMUNDO PE Principal Planner ARMANDO'VERGARA Director of Community Development 10 100 of 122 RESOLUTION NO. 2018 — 187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING THE DESIGNATION OF HISTORIC PROPERTIES AS RECOMMENDED BY THE NATIONAL CITY HISTORICAL SOCIETY WHEREAS, National City Municipal Code Section 18.12.160.B provides for City Council initiation of the designation of historic properties for the historic properties list; and WHEREAS, on May 15, 2018, the City Council directed staff to update previous historic property surveys and to contact owners of properties to be considered for designation; and WHEREAS, the surveys were updated under consultation with the National City Historical Society, which conducted an extensive review of the surveyed properties; and WHEREAS, 32 property owners were provided notice of the City Council's intent to initiate the historic designation and an informational meeting was held on August 14, 2018. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby initiates the designation of historic properties for the following addresses: 31 East 2nd Street 204 East and Street 1105 East 2nd Street 1112 East 2nd Street 1116 East 2nd Street 211 East 3rd Street 141 E 4th Street 441 East 7th Street 1041 East 17th Street 2221 East 18th Street 2323 East 18th Street 1320 East 24th Street 1333 East 24th Street 2715 A Avenue 602 B Avenue 1206 Coolidge Avenue 110 D Avenue 520 F Avenue 523 F Avenue 618 F Avenue 642 F Avenue 1808 F Avenue PASSED and ADOPTED this 16th day of Octobe ATTEST: 7;97/Michael R. p'alla, City Clerk 1240 Harding Avenue 1507 Harding Avenue 1924-1936 Harding Avenue 1929 Harding Avenue 913 Hoover 1605 J Avenue 1723 J Avenue 2565 J Avenue 2333 Prospect Avenue 1905-1907 Wilson 18. R•— Morrison, Mayor APPROVED AS TO FORM: Angi 1I 6 ris-Jones ttorney PC 11 101 of 122 Passed and adopted by the Council of the City of National City, California, on October 16, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-187 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2018. City Clerk of the City of National City, California 12 102 of 122 National City Municipal Code Title 18 Zoning 18.12.160 HISTORIC PROPERTIES A. Intent and Purpose It is the intent and purpose of this Section to protect, preserve and, where damaged, restore National City's historic resources by: 1. Establishing a procedure whereby properties of historical significance are identified and appropriate notice is provided in the event demolition, significant alteration, or conversion is proposed. 2. Protecting the educational, cultural, economic, and general welfare of the public, while employing regulations that are consistent with sound historical preservation principles and the rights of private property owners. B. Designation of Historic Properties 1. A list of historic properties shall be maintained and periodically updated. 2. Changes to the historic properties list may be initiated by resolution of the City Council or on the verified application of the owner(s) of the property to be designated or their authorized agents. 3. Any application or resolution that proposes changes to the historic properties list shall be accompanied by an evaluation of the historic character of the property and shall be reviewed by the Planning Division. 4. The Planning Division, after reviewing such application for completeness, shall notify the Historical Society of the proposed changes to the historic properties list. Any comments or recommendations provided by the Historical Society must be received within 20 days of the notice of proposed changes. 6. Once the Planning Division has completed review of the application and considered any comments or recommendations from the Historical Society, it shall prepare a report and recommendation to the Planning Commission. 7. The Planning Commission shall hold a public hearing on the proposal and shall provide a recommendation to the City Council. 8. The City Council shall hold a public hearing and may approve, modify and approve, or deny the proposed changes to the historic properties list. C. Review of Ministerial Permits 1. The Building Official or designee shall review each request for a non -discretionary building or demolition permit to determine if it involves any structure identified on the list of historic properties. If a property proposed for demolition or significant alteration or conversion is determined to be on the historic properties list, the Building Official or designee shall withhold issuance of the permit for a period of 30 days. 2. The Building Official shall immediately notify the Planning Division and the City Council of the pending permit. 3. Within five days, the Planning Division shall provide notice to the Historical Society of the pending permit and may request comments and recommendations. Any comments or recommendations provided by the Historical Society must be received within 20 days of the notice of pending permit. 4. Once the Planning Division has reviewed the permit application and considered any comments or recommendations from the Historical Society, it shall provide a recommendation to the City Council. The recommendation may include approval of the permit, no recommendation, recommendation that the permit be denied, or a request for additional time to evaluate the permit. 5. The City Council, at its sole discretion, may approve the permit, deny the permit if a finding is made that such permit may result in an adverse effect on the public welfare, or withhold the issuance of the permit until such time as all alternative measures are thoroughly evaluated. D. Review of Discretionary Permits All discretionary permits involving a historic resource shall be reviewed in compliance with the California Environmental Quality Act. 13 103 of 122 Brick Row St. Matthew's Episcopal Church Granger Music Hall Santa Fe Depot (California Southern Terminus Depot) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 907 921 939 538 907 1108 540 305 341 405 437 1735 1515 2824 2525 636 926 3600 2202 1129 539 1504 541 1430 1433 1941 425 940 Locally A Avenue A Avenue A Avenue C Avenue D Avenue D Avenue E Avenue F Avenue F Avenue G Avenue G Avenue J Avenue L Avenue L Avenue N Avenue E. 2nd Street E. 7th Street E. 8th Street E. l0th Street E. 16th Street E. 20th Street E. 22nd Street E. 24th Street E. 24th Street E. 24th Street Highland Avenue Shell Avenue E. 16th Street City of National City Historic Properties List 04/17/2018 National Register (date filed) 7/16/73 906-940 A Avenue, 45 E. Plaza 10/25/73 521 E. 8th Street 3/18/75 1615 E. 4th Street 4/18/96 900 W. 23rd Street Designated Significant Buildings Elizur Steel/Crandall/Ennis House Frank Kimball House John Proctor House Pinney House Boyd-Vurgason House Fred Copeland House William Burgess House Mitchell -Webster House Tyson House Doctor's House George Beermaker House George Kimball House McKnight House (approved by CC 5/15/07) Oliver Noyes House John Steele House Barber-Ferbita House Wellington Estate Tower House of Moses Kimball Mrs. Eimar Home Charles Kimball House D. K. Horton House Olivewood Clubhouse Wallace Dickinson House Dickinson Boal House Floyd Home Josselyn House Frederick Hertel-Hawken House 14 104 of 122 CALIFORNIA N to nNA.L -'t OJO il /l INCOR'�ORATED August 1, 2019 Property Owner: On October 16, 2018, the City Council of the City of National City initiated the process to consider the historic designation of several properties for listing on the City'slocal historic properties list. Records indicate that you are the owner of property that will be considered for designation —see attached resolution. The Planning Commission will hold a public hearing on Monday, September 9, 2019 to consider the proposed designations and make a recommendation to the City Council, which will hold a future public hearing prior to taking any action on the recommendation. If you have any questions, please contact Raymond Pe at (619) 336-4421 or email rpe@nationalcityca.gov. Sincerely, Raymond Pe Principal Planner cc: Armando Vergara, Director of Community Development Encl: City Council Resolution No. 2018-187 1243 National City Boulevard, National City, California 91950 (619) ' 4240 www.natic..m.:;ityca.gov 105 of 122 RESOLUTION NO. 2018 — 187 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INITIATING THE DESIGNATION OF HISTORIC PROPERTIES AS RECOMMENDED BY THE NATIONAL CITY HISTORICAL SOCIETY WHEREAS, National City Municipal Code Section 18.12.160.B provides for City Council initiation of the designation of historic properties for the historic properties list; and WHEREAS, on May 15, 2018, the City Council directed staff to update previous historic property surveys and to contact owners of properties to be considered for designation; and WHEREAS, the surveys were updated under consultation with the National City Historical Society, which conducted an extensive review of the surveyed properties; and WHEREAS, 32 property owners were provided notice of the City Council's intent to initiate the historic designation and an informational meeting was held on August 14, 2018. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby initiates the designation of historic properties for the following addresses: 31 East 2nd Street 204 East 2nd Street 1105 East 2nd Street 1112 East 2nd Street 1116 East 2nd Street 211 East 3rd Street 141 E 4th Street 441 East 7th Street 1041 East 17th Street 2221 East 18th Street 2323 East 18th Street 1320 East 24th Street 1333 East 24th Street 2715 A Avenue 602 B Avenue 1206 Coolidge Avenue 110 D Avenue 520 F Avenue 523 F Avenue 618 F Avenue 642 F Avenue 1808 F Avenue PASSED and ADOPTED this 16th day of Octobe ATTEST: / / ,r i Michael R. palla, City Clerk 1240 Harding Avenue 1507 Harding Avenue 1924-1936 Harding Avenue 1929 Harding Avenue 913 Hoover 1605 J Avenue 1723 J Avenue 2565 J Avenue 2333 Prospect Avenue 1905-1907 Wilson 18. R Morrison, Mayor APPROVED AS TO FORM: 6rris-Jones ttorney 16 106 of 122 Passed and adopted by the Council of the City of National City, California, on October 16, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-187 of the City of National City, California, passed and adopted by the Council of said City on October 16, 2018. City Clerk of the City of National City, California 17 107 of 122 Flores Trust 5843 Willis Ave Sherman Oaks, CA 91411 Cardenas Homero J 1112 E. 2nd St National City, CA 91950 Gomez Jeanette 141 E. 4th National City, CA 91950 Parra Maria 0 2221 E. 18th St National City, CA 91950 Edwards Family Trust 8371 Paseo Del Ocaso La Jolla, CA 92037 First Christian Spiritualist Church 1206 Coolidge Ave National City, CA 91950 Kemper William E & Sylvia M 523 F Ave National City, CA 91950 Torres Antonio & Genevieve 39 E. 5th St National City, CA 91950 Clara Futura Investments LLC 11119th St #202 Coronado, CA 92118 Perez Daniel 1605J Ave National City, CA 91950 Overybey Jerry/Nedra K 204 E. 2nd St National City, CA 91950 Gurrola Arturo & Avila Marisela 1116 E. 2nd St National City, CA 91950 Diaz Fernando C & Castaneda-Barba Diana 441 E. 7th St. National City, CA 91950 Trevillyan Elmer L Trust 2323 E. 18th St National City, CA 91950 Flores Miguel & Maria C 2715 A Ave National City, CA 91950 Ledesma Pamela 110 D Ave National City, CA 91950 Martinez Family Trust 618 F Ave National City, CA 91950 Youssofi Hasib 12928 Calle Abuelito San Diego, CA 92129 Clara Futura Investments LLC 1111 9th St #202 Coronado, CA 92118 Kajjy Family Trust 3243 Fairmount Ave San Diego, CA 92105 Reyes Jose L 1995 Trust 1105 E. 2nd St National City, CA 91950 Garcia Jose J 209 Hillcrest Ln Ramona, CA 92065 Fowler William E & Carol A Revocable 1041 E. 17th St National City, CA 91950 Ochoa Gustavo R & Enriqueta Family Trust 1320 E. 24th St National City, CA 91950 Williams Agustina L Revocable Trust 5762 Watercrest Dr Bonita, CA 91902 Scheffler Mark 520 F Ave National City, CA 91950 Zavala Rose 2983 Morningside St San Diego, CA 92139 Camacho Fernando & Lopez Paula 1507 Harding Ave National City, CA 91950 Fernandez Juan J 913 Hoover Ave National City, CA 91950 Aevermann Brian D 2565 J Ave National City, CA 91950 18 108 of 122 Cardenas Homero J / Cardenas Homero 1112 E. 2nd St National City, CA 91950 Carter Linda L Trust / Cantu Katrina M 2333 Prospect St National City, CA 91950 Clara Futura Investments LLC 1924 Harding Ave #36 National City, CA 91950 Garcia Jose J / Garcia Alicia C 209 Hillcrest Ln Ramona, CA 92605 Fowler William E & Carol A Revocable Trust 1994 1041 E. 17th St National City, CA 91950 Carter Linda L Trust 2333 Prospect St National City, CA 91950 Gomez Jeanette / Garay Patricia 141 E. 4th St National City, CA 91950 Ledesma Pamela / Ditch Gloria 110 D Ave National City, CA 91950 19 109 of 122 Mailing Address - Property Owner # Situs Address APN Mailing Address Property Owner Property Owner 2 Property Owner 3 1 31 E. 2"d Street 556 011 2100 5843 Willis Ave Sherman Oaks CA 91411 Flores Trust Flores Trust 2 204 E. 2"d Street 556 103 0100 204 E. 2nd St National City 91950 Overbey Jerry/Nedra K Overbey Jerry/Nedra K 3 1105 E. 2"d Street 556 082 3100 1105 E. 2nd St National City CA 91950 Reyes Jose L 1995 Trust Reyes Jose L 1995 Trust 4 1112 E. 2"d Street 556 180 33 00 1112 E. 2nd St National City CA 91950 Cardenas Homero J / Cardenas Homero Cardenas Romero J Cardenas Homero 5 1116 E. 2"d Street 556180 34 00 1116 2nd St National City CA 91950 Gurrola Arturo & Avila Marisela Gurrola Arturo & Avila Marisela 6 211 E. 3'd Street 556 103 23 00 209 Hillcrest Ln Ramona CA 92065 Garcia Jose J / Garcia Alicia C Garcia Jose.) Garcia Alicia C 7 141 E. 4'h Street 556 104 11 00 141 E. 4th National City CA 91950 Gomez Jeanette / Garay Patricia Gomez Jeanette Garay Patricia 8 441 E. 7'h Street 556 351 13 00 441 E. 7th St. National City CA 91950 Diaz Fernando C & Castaneda-Barba Diana Diaz Fernando C & Castaneda-Barba Diana Castaneda-Barba Dian 9 1041 E. 17th Street 561 070 16 00 1041 E. 17th St. National City CA 91950 Fowler William E & Carol A Revocable Trust 1994 Fowler William E & Carol A Revocable Trust 1994 10 2221 E. 18'h Street 561 160 12 00 2221 E. 18th St. National City 91950 Parra Maria 0 Parra Maria 0 11 2323 E. 18th Street 561 160 3100 2323 E. 18th St. National City 91950 Trevillyan Elmer LTrust Trevillyan Elmer LTrust 12 1320 E. 24th Street 563 030 40 00 1320 E. 24th St. National City 91950 Ochoa Gustavo R & Enriqueta Family Trust Ochoa Gustavo R & Enriqueta Family Trust 13 1333 E. 24.`h Street 561 340 19 00 8371 Paseo Del Ocaso La Jolla CA 92037 Edwards Family Trust Edwards Family Trust 14 2715 A Avenue 562 121 10 00 2715 A Ave National City CA 91950 Flores Miguel & Maria C Flores Miguel & Maria C 15 602 B Avenue 556 332 12 00 5762 Watercrest Dr Bonita. CA 91902 Williams Agustina L Revocable Trust Williams Agustina L Revocable Trust 16 1206 Coolidge Avenue 559 03316 00 1206 Coolidge Ave National City CA 91950 First Christian Spiritualist Church First Christian Spiritualist Church 17 110 D Avenue 556 01210 00 110 D Ave National City CA 91950 Ledesma. Pamela / Ditch Gloria Ledesma Pamela Ditch Gloria 18 520 F Avenue 556 232 20 00 520 F Ave National City CA 91950 Scheffler Mark Scheffler Mark 19 523 F Avenue 556 233 17 00 523 F Ave National City CA 91950 Kemper William E & Sylvia M Kemper William E & Sylvia M 20 618 F Avenue 556 35210 00 618 F Ave National City CA 91950 Martinez Family Trust Martinez Family Trust 21 642 F Avenue 556 352 14 00 2983 Morningside St San Diego CA 92139 Zavala Rose Zavala Rose 22 1240 Harding Avenue 559 032 07 00 12928 Calle Abuelito San Diego CA 92129 Youssofi Hasib Youssofi Hasib 23 1507 Harding Avenue 559 064 0100 1507 Harding Ave National City CA 91950 Camacho Fernando & Lopez Paula Camacho Fernando & Lopez Paula 24 1924-36 Harding Avenue 559 105 12 00 1924 Harding Ave #36 National City CA 91950 Clara Futura Investments LLC Clara Futura Investments LLC 25 1929 Harding Avenue 559 104 03 00 1111 9th St #202 Coronado CA 92118 Clara Futura Investments LLC Clara Futura Investments LLC 26 913 Hoover Avenue 555 085 02 00 913 Hoover Ave National City CA 91950 Fernandez Juan J Fernandez Juan J 27 1605 J Avenue 561 070 0100 1605 J Ave National City CA 91950 Perez Daniel Perez Daniel 28 1723 J Avenue 561 080 03 00 3243 Fairmount Ave San Diego CA 92105 Kajjy Family Trust Kajjy Family Trust 29 25651 Avenue 563 021 07 00 2565 J Ave National City 91950 Aevermann Brian D Aevermann Brian D 30 2333 Prospect Avenue 561 420 29 00 2333 Prospect St National City CA 91950 Carter Linda LTrust / Cantu Katrina M Carter Linda L Trust Cantu Katrina M 31 1905-07 Wilson Avenue 559 105 0100 39 E 5th St National City CA 91950 Torres Antonio & Genevieve Torres Antonio & Genevieve 32 1808 F Ave 560 232 06 00 1808 F Ave National City CA 91950 City of National City City of National City 20 110 of 122 Ray Pe From: gmapam6262@gmail.com Sent: Wednesday, August 21, 2019 2:26 PM To: Ray Pe Subject: Historic designation of my home @ 110 D Ave. Categories: Historic Preservation CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. After careful consideration I am requesting that my home be removed from your list of homes being considered for historic designation. Thank you, Pam Ledesma (owner). Sent from my iPhone 21 111 of 122 Ray Pe From: gmapam6262@gmail.com Sent: Wednesday, August 21, 2019 2:35 PM To: Ray Pe Subject: Historic properties list Categories: Historic Preservation CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. After careful consideration I am requesting that my home at, 110 D Avenue be removed from the historic properties list. Thank you, Pam Ledesma ( owner) Sent from my iPhone 22 112 of 122 RESOLUTION NO. 2019-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY RECOMMENDING TO THE CITY COUNCIL THE DESIGNATION OF HISTORIC PROPERTIES AT VARIOUS LOCATIONS IN THE CITY OF NATIONAL CITY CITY COUNCIL INITIATED CASE FILE NO. 2019-20 HL WHEREAS, National City Municipal Code Section 18.12.160 provides for the preservation of National City's historic resources by establishing a list of designated historic properties; and WHEREAS, National City Municipal Code Section 18.12.160.B provides that the designation of a historic property may be initiated by resolution of the City Council or by application of the property owner; and WHEREAS, on May 15, 2018, the City Council directed staff to update previous historic properties surveys in consultation with the National City Historical Society and to contact owners of properties that should be considered for designation; and WHEREAS, the surveys were updated under consultation with the National City Historical Society, which conducted an extensive review of the surveyed properties; and WHEREAS, 32 property owners were provided notice of the City Council's intent to initiate the historic designation and an informational meeting held on August 14, 2018; and WHEREAS, on October 16, 2018, the City Council adopted Resolution 2018- 187, which initiated the historic designation of 32 properties as recommended by the National City Historical Society; and WHEREAS, two of the properties recommended for designation have since been demolished following City Council consideration and approval of building permits for demolition; and WHEREAS, the Planning Commission conducted a duly noticed public hearing held on September 9, 2019, at which time the oral and documentary evidence was presented; and WHEREAS, at said public hearing the Planning Commission considered the staff report for Case File No. 2019-20 HL, which is maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, the Planning Commission has made the finding that the properties recommended for designation meet at least one of the criteria set out by the California 23 113 of 122 Office of Historic Preservation, namely that each embodies the distinctive characteristics of a type, period, region, and/or method of construction; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that it hereby recommends that the City Council designate the following addresses as historic properties: 31 East 2nd Street 204 East 2nd Street 1105 East 2nd Street 1112 East 2nd Street 1116 East 2nd Street 211 East 3rd Street 141 E 4th Street 441 East 7th Street 1041 East 17th Street 2221 East 18th Street 2323 East 18th Street 1320 East 24th Street 1333 East 24th Street 2715 A Avenue 602 B Avenue 1206 Coolidge Avenue 110 D Avenue 520 F Avenue 523 F Avenue 618 F Avenue 642 F Avenue 1808 F Avenue 1240 Harding Avenue 1507 Harding Avenue 913 Hoover 1605 J Avenue 1723 J Avenue 2565 J Avenue 2333 Prospect Avenue 1905-1907 Wilson Ave BE IT FURTHER RESOLVED that the Planning Commission of the City of National City, California, has made the finding that the properties recommended for designation meet at least one of the criteria set out by the California Office of Historic Preservation, namely that each embodies the distinctive characteristics of a type, period, region, and/or method of construction; and, BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 9, 2019, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: CHAIRPERSON 24 114 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 115 The following page(s) contain the backup material for Agenda Item: Report on the process for the Ballot Measure to have the Elected Offices of City Clerk and City Treasurer to become Appointed Officers and direct the City Attorney as the Council deems appropriate. (City Attorney) Please scroll down to view the backup material. 115 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2019 AGENDA ITEM NO. ITEM TITLE: Report on the Process for the Ballot Measure to have the Elected Offices of the City Clerk and City Treasurer to become Appointed Officers and direct the City Attorney as the Council Deems Appropriate. PREPARED BY: Angil P. Morris -Jones PHONE: (619) 336-4220 EXPLANATION: APPROVED BY: DEPARTMENT: City Attorn 4i#47 Attached is a Staff Report Memorandum that will explain the process and list options for the City Council to change the elective offices of City Clerk and City Treasurer to an appointed office. Additionally, the 3 options are: Option 1) Option 2) Option 3) The Measure would be one ballot question that covers both offices. The Measure would be two separate ballot questions. Direct the City Attorney to not draft a resolution (take no action). FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Direct City Attorney to draft the Resolutions to place one Measure or two separate Measures on the March 2020 Primary Ballot wherein the voters shall decide whether or not to make the Clerk and Treasurer Appointed Offices. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1) Staff Report Memorandum 116 of 122 Mayor Afejandra Sotelo-Solis Council Members Ron Morrison Mona Rios Jerry Cano Gonzalo Quintero + * CALIFORNIA 1- CITIr INCORPORATED Office of the City Attorney STAFF REPORT MEMORANDUM DATE: October 15, 2019 TO: CC FROM: SUBJECT: Mayor Sotelo-Solis Vice Mayor Morrison Councilmember Rios Councilmember Cano Councilmember Quintero City Attorney Angil P. Morris -Jones Senior Assistant City Attorney Nicole Pedone Deputy City Attorney Roberto M. Contreras Brad Raulston, City Manager Angil P. Morris -Jones, City Attorney Ballot Measure for the City Clerk &Treasurer to Become Appointed Officers This memorandum is in response to Council direction to the City Attorney to present a Staff Report on the process for the City Council to change the elective offices of City Clerk and City Treasurer to an appointed office. The process for the Council to change the elective offices of City Clerk and City Treasurer to an appointed office is reflected in California Government Code §36508 — §36510. Simply put, the City Council pursuant to §36508 would adopt a resolution to put the Measure on the ballot for any municipal election or special election as a question to the National City voters as to whether the elective office of City Clerk and City Treasurer shall be changed to an appointment of the City Council. The ballot proposition may be presented as one question on one ballot covering two elective offices or as two separate ballot questions with each question covering one elective office. The City Council may also direct the City Attorney to not draft a resolution. In other words, the Council has three options as follows: Option One: The Measure would be one ballot question that cover both offices as subscribed by §36509 to state: "Shall the offices of City Clerk and City Treasurer be appointive?" Option Two: The Measure would be two separate ballot questions as subscribed by §36509 to state: "Shall the Office of City Clerk be appointive?" "Shall the Office of City Treasurer be appointive?" Option Three: Direct the City Attorney to not draft a resolution (take no action). 1243 National City Boulevard; National City, California 91950-4397 Tel.: (619) 336-4220 Fax: (619) 336-4327 117 of 122 Additionally, as provided by §36509, the words "Yes" and "No" would also be printed on each Proposition respectively for City Clerk and City Treasurer so that the National City voters may express their choice. Please note, that the City Clerk has received an estimate from the Registrar of Voters for the cost of option one and two. The cost for both City offices as one ballot question under option one is between $15,000 to $30,000 for the March 2020 Primary Election. The cost for two separate ballot questions as provided under option two is between, $30,000 to $60,000. Michael Dalla and Mitch Beauchamp are respectively, the duly elected City Clerk and City Treasurer for the City of National City with the expiration of term of November 2020. Pursuant to Government Code §36510, if a majority of the votes cast on the Proposition are in favor of it, the City Council would appoint such officers at the expiration of the terms of the Officers then in office. Therefore, the Measure would need to be placed on the ballot for March 3, 2020, in order for the elective offices to become an appointed one at expiration of the terms of the Officers currently in office. I have discussed with the City Clerk and the City Treasurer their view on such elective offices becoming appointed. They have each decided to take no position on whether their elective office should be made an appointed office. However, they are both recommending that should the majority of the voters of National City vote in favor of the Measure that the City Council vest their appointing power in the City Manager. As reflected hereinabove from §36510 if the elective offices become appointed, the law vest the appointment authority to the City Council. However, pursuant to Government Code §34856, the City Council is empowered to adopt an ordinance vesting the City Manager with their appointment authority. In short, the City Clerk and City Treasurer are recommending that if the Council directs the City Attorney to draft the necessary resolutions to place the proposition on the ballot, that the resolution include their intent to vest the appointment authority in the City Manager. Therefore, you are advised that should you decide to direct the City Attorney to draft the necessary resolutions for placing the two Measures before the voters, that you include direction for City Attorney that if one or both of the Measures pass, to draft a proposed ordinance amending Title 2 Chapter 2.01 §2,01.020 (B) of the Municipal Code to enlarge the City Manager appointment authority to include the appointment of the City Clerk and City Treasurer. In conclusion, the process for making the Electives Officers appointed is to direct the City Attorney to draft the necessary resolutions for the City Council to place one Measure as provided as one, or the two separate Measures on the ballot which would be option two before the National City voters. As stated hereinabove, the two Propositions would need to be placed on the March 3, 2020 ballot for them to be effective before the next Municipal Election of November 3, 2020, of such Elective Officers. Additionally, in accordance with the City Clerk and City Treasurer's recommendation, and to provide notice to the electors, the resolutions should include direction to the City Attorney to draft an ordinance amendment which would enlarge the City Manager appointment authority to encompass the appointment of the City Clerk and City Treasurer. The direction to draft an ordinance amendment which vests the City Manager with the appointment authority of the City Clerk and/or City Treasurer would be based upon the majority of the voters casting in favor of one or both Propositions. 2 118 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 119 The following page(s) contain the backup material for Agenda Item: Reconsideration of City Councils decision to Opt Out of Microenterprise Home Kitchen Operations (MEHKO) Program Participation, which allows individuals to operate a food facility out of a private home. (City Attorney). Please scroll down to view the backup material. 119 of 122 Item # 10/15/2019 New Business Reconsideration of City Councils decision to Opt Out of Microenterprise Home Kitchen Operations (MEHKO) Program Participation, which allows individuals to operate a food facility out of a private home, and Request for Approval of Letter Opposing Pending Legislation (AB-377, Garcia) that would eliminate the City's authority to Opt Out of MEHKO Program Participation. (City Attorney) 120 of 122 CC/CDC-HA Agenda 10/15/2019 — Page 121 The following page(s) contain the backup material for Agenda Item: Community Development Department Rollout/Kickoff. (Community Development) Please scroll down to view the backup material. 121 of 122 Item # 10/15/19 COMMUNITY DEVELOPMENT DEPARTMENT ROLLOUT/KICKOFF (Community Development) 122 of 122