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Draft Agenda Packet - 05-04-2021 CC HA Agenda (2)
- CALIFORNIA NikTIONAL CI XAOORPORATfi ALEJANDRA SOTELO-SOLIS Mayor JOSE RODRIGUEZ Vice Mayor MARCUS BUSH Councilmember RON MORRISON Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on the City's website at WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ONLINE ONLY MEETING https://www.nationalcityca.gov/webcast LIVE WEBCAST COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, MAY 4, 2021 — 6:00 PM NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority. The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19). The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act. As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcityca.gov. For Public Comments see "PUBLIC COMMENTS" section below 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 on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at www.nationalcityca.gov. PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below: Submit your public comment prior to the meeting: To submit a comment in writing, email PublicComment(c�nationalcityca.gov, provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comment is not related to a specific agenda item, 1 of 252 indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be read into the record at the City Council meeting, emailed to the City Councilmembers, and retained as part of the official record. All comments will be available on the City website within 48 hours following the meeting. Register online and participate in live public comment during the meeting: To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.qov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. ***Please note that you do not need to pre -register to watch the meeting online, but you must pre -register if you wish to speak. Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties. ***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. Public microphones will be muted until it is your turn to comment. Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated. All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whole and avoid personal attacks against members of the public, City Council, and city staff. Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at Clerk(a�nationalcityca.gov. INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre -Register on Zoom. Once logged into Zoom to use the interpretation feature, please scroll to the bottom of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (...), then Interpretation, and then choose your language. 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 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. 2 of 252 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. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemic global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas !eyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios publicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov. COMENTARIOS PUBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escuchadas y consideradas por nuestro Concejo Municipal como se describe a continuacion: Envie su comentario publico antes de la sesion: Para enviar un comentario por escrito, envie un correo electronico a PublicComment@nationalcityca.gov, Por favor, indique el numero del tema del programa y el titulo del tema en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos estan limitados a tres (3) minutos. Si el comentario no esta relacionado con un tema especifico del programa, indique Comentario publico general en la linea de asunto. Todos los comentarios recibidos por correo electronico antes de las 4:00 p.m. del dia de la reunion seran leidos en el registro en la reunion del Concejo Municipal, enviados por correo electronico a los Concejales de la Ciudad, y retenidos como parte del registro oficial. Todos los comentarios estara disponible en el sitio web de la ciudad dentro de las 48 horas posteriores a la reunion. 3 of 252 Registrese en linea y participe en los comentarios publicos en vivo durante la sesion: Para proporcionar comentarios publicos en vivo durante la sesion, debe registrarse previamente en el sitio web del Ayuntamiento en https://www.nationalcityca.qov/publiccomment antes de las 4:00 p.m. del dia de la junta ordinaria para incorporarse a la sesion del Concejo Municipal. ***Tenga presente que no necesita registrarse previamente para ver la sesion en linea, pero debe registrarse previamente si desea hablar. Una vez registrado, recibira un correo electronico con un enlace de Zoom para integrarse a la sesion en vivo. Puede participar por telefono o por computadora. Tomese el tiempo necesario para iniciar la reunion en Zoom antes del inicio de la sesion para asegurarse de no encontrar dificultades tecnicas de ultimo momento. ***Tenga presente que las personas del publico no se mostraran en video; podran observar, escuchar y hablar cuando se les solicite. Los microfonos publicos se silenciaran hasta que sea su turno de comentar. Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extension de los comentarios debido a la cantidad de personas que deseen hablar o si los comentarios se vuelven repetitivos o no relacionados. Todos los comentarios estan sujetos a las mismas reglas que de otro modo regirian los comentarios de los oradores en la sesion. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del publico, el Concejo Municipal y el personal del Ayuntamiento. 4Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comuniquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk a(�nationalcityca.gov. SERVICIO DE INTERPRETACION: Para utilizar la funcion de interpretacion zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesion en zoom para utilizar la funcion de interpretacion, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Naga clic en el icono de interpretacion (globo terraqueo), y seleccione "Spanish" (espanol). Si esta utilizando la aplicacion movil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (...), luego "interpretation" y luego el idioma. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de 4 of 252 consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta. 5 of 252 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES AWARDS AND RECOGNITIONS PRESENTATIONS (FIVE-MINUTE TIME LIMIT) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 1. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances 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) 2. Approval of City Council Meeting Minutes for December 1, 2020 CA HA Reg Min, December 15, 2020 SP Min, March 2, 2021 CC HA Reg Min, March 16, 2021 CC HA Reg Min, March 16, 2021 CC SP Min, March 16, 2021 SA Min. (City Clerk) 3. Resolution of the City Council of the City of National City denouncing xenophobia and anti-Asian/Pacific Islander racism arising due to fears of the COVID-19 pandemic and affirming the City's commitment to the well-being and safety of Aisan Pacific Islander communities. (City Manager) 4. Resolution of the City Council of the City of National City authorizing the City Manager to execute the First Amendment to the Purchase and Sales Agreement and accepting the Grant Deed from Sayheune Phomsavanh for the purchase of property located at 140 West 18th Street. (Housing Authority) 6 of 252 5. Resolution of the City Council of the City of National City authorizing the Housing Authority to enter into a Memorandum of Understanding with the County of San Diego for data sharing relating to the administration of COVID- 19 emergency rental assistance programs. (Housing Authority) 6. Resolution of the City Council of the City of National City Approving the Settlement and Release Agreement between Justin Perez and the City of National City. (City Attorney) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement (PSA) No. N010 Rev. 2 with the State of California Department of Transportation (Caltrans) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project to allow for reimbursement of up to $1,678,000 in eligible project expenditures through the Federal Active Transportation Program (ATP). (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the development located at 130 E. 8th Street (TSC No. 2021-03). (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of a Stop Control sign for the T-intersection of E. 31 st Street and "D" Avenue for eastbound traffic accessing "D" Avenue (TSC No. 2021-04). (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 1615 "C" Avenue (TSC No. 2021-05). (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the east side of Palm Avenue, adjacent to the driveway of the apartment complex located at 1629 Palm Avenue, in order to enhance safety and visibility for drivers exiting the apartment driveway (TSC No. 2021-06). (Engineering/Public Works) 12. Warrant Register #38 for the period of 3/17/21 through 3/23/21 in the amount of $1,260,307.62. (Finance) 13. Warrant Register #39 for the period of 3/24/21 through 3/30/21 in the amount of $790,256.83. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 7 of 252 14. Third Reading and adoption of an Ordinance of the City Council of the City of National City, California adding National City municipal section 9.60 to regulate commercial cannabis. (City Manager) 15. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Sections 18.30.340 (Medical marijuana dispensaries) and 18.30.345 (Medical marijuana cultivation) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-29 A) (Planning) 16. Public Hearing No. 2 of 2 and adoption of a Resolution of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2021-2022 Annual Action Plan. (Housing Authority) 17. Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the California Department of Housing and Community Development to incorporate outreach, case management, and rapid rehousing and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. (Housing Authority) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City amending City Council Policy No. 201 entitiled "Maintenance of Reserve Funds". (City Manager) 19. Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. (Planning) 20. Resolution of the City Council of the City of National City approving the Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. (Planning) 21. Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 1, 2021 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. (Planning) NEW BUSINESS 8 of 252 22. Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) to operate a church (Iglesia de Cristo) located at 322 Highland Avenue. (Applicant: Francis Rodriguez) (Case File No. 2021-02 CUP) (Planning) 23. Authorizing the issuance of a Request for Proposals (RFP) for Towing and Impound Services, for the City of National City. (Finance/Police) 24. City Council 2021 Legislative Recess. (City Clerk) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 25. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - May 18, 2021 - 6:00 p.m. - Council Chambers - National City, California. 9 of 252 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. 10 of 252 Item # 05/04/21 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) 11 of 252 The following page(s) contain the backup material for Agenda Item: Approval of City Council Meeting Minutes for December 1, 2020 CA HA Reg Min, December 15, 2020 SP Min, March 2, 2021 CC HA Reg Min, March 16, 2021 CC HA Reg Min, March 16, 2021 CC SP Min, March 16, 2021 SA Min. (City Clerk) Please scroll down to view the backup material. 12 of 252 APPROVAL OF MEETING MINUTES Virtual Regular City Council Meetings Minutes: December 1, 2020 March 16, 2021 Virtual Special City Council Meeting Minutes: December 15, 2020 March 2, 2021 March 16, 2021 Virtual Successor Agency City Council Meeting Minutes: March 16, 2021 (City Clerk) Item # 05-04-2021 13 of 252 Book 102 / Page 183 12-01-2020 MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY VIRTUAL MEETING ONLY December 1, 2020 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:15 p.m. by Mayor / Chairman Alejandra Sotelo-Solis. ROLL CALL Council / Board members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Aguirre, Dalla, Chapel, Morris -Jones, Bell, Palma, Reeder, Raulston, Roberts, Tellez, Williams, Winney, Yanno. Others present: None. PLEDGE OF ALLEGIANCE TO THE FLAG BY SUPERVISOR GREG COX. PUBLIC COMMENTS: Mayor Sotelo-Solis limited comments to two -minutes each; Joan Rincon, Andrea Landis (South Bay Community Services), and Rebecca Rapp. PROCLAMATION 1. Mayor Sotelo-Solis read the proclamation recognizing Supervisor Greg Cox and his years of public service and pending retirement. AWARD AND RECOGNITION (102-10-15) 2. Mayor Sotelo-Solis recognized employee Charles A. Nissley, Jr., Senior Civil Engineering Technician for his twenty (2) years of service. PRESENTATIONS (102-10-15) 3. Mayor Sotelo-Solis introduced Assistant City Manager Winney who welcomed new employee Shelley Chapel, Deputy City Clerk. (City Clerk) 4. Mayor Sotelo-Solis introduced Martin Reeder, Principal Planner who welcomed new employee David Welch, Associate Planner. (Community Development) 14 of 252 Book 102 / Page 184 12-01-2020 INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-01-01) 5. Interviews and Appointments: Port Commission. (City Clerk) RECOMMENDATION: Interview and appoint as desired. PUBLIC COMMENT: Mayor Sotelo-Solis limited comments to two - minutes each. Spoke in Support of Sandy Naranjo: Nate Fairman (IBEW LU 465), Angelica Ramirez, San Diego Pediatricians for Clean Air, Tom Lemmon, Ted Godshalk, Andy Berg (NECA), Brigette Browning, San Diego Coastkeeper, Danny Serrano (Environmental Health Coalition), Jeremy Abrams (Local Union 569), Maleeka Marsden (Climate Action Campaign), Beau Coleman (Ironworkers), Pia Piscitelli (San Diego 350), Irvin Martinez, David Garcias (SEIU Local 221), Claudia Ocampo, Monserrat Hernandez (Environmental Health Coalition), Dominique Navarro, and Silvia Calzada Spoke in Support of Jacqueline Reynoso: None TESTIMONY: Sandy Naranjo, and Jacqueline Luna Reynoso appeared for interview. ACTION: Member Morrison made motion to re -open the vacancy, motion failed for lack of a second. Ballots were provided by the City Clerk. Each Councilmember voted virtually by holding up a colored sheet of paper indicating which of the applicants they were casting vote for. Votes cast for Sandy Naranjo: Soleto-Solis, Rios, Cano, Morrison and Quintero. Votes cast for Jacqueline Luna Reynoso — None. Motion by Rios, seconded by Quintero, to appoint Sandy Naranjo to the Port Commission. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 6 (NCMC), Item No. 7 Minutes, Item Nos. 8 through 14 (Resolution No. 2020-13 through 2020-18), Item No. 13 pulled by Vice -Mayor Rios, Item Nos. 15 through 16 (Warrant Registers), and Item 17. Motion by Rios, seconded by Cano, to approve the Consent Calendar. Carried by unanimous vote. Item 13 pulled for discussion, Acting Director of Engineering Yanno responded to questions posed by Council. Motion by Rios, seconded by Cano, to approve. Carried by a unanimous vote. 15 of 252 Book 102 / Page 185 12-01-2020 MUNICIPAL CODE 2020 (506-2-35) 6. 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) ACTION: Approved. See Above. GENERAL ADMIN (103-2-1) 7. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF JUNE 6, 2020; JUNE 16, 2020; AUGUST 4, 2020; AUGUST 18, 2020; SEPTEMBER 1, 2020; SEPTEMBER 15, 2020; OCTOBER 6, 2020; OCTOBER 20, 2020 AND NOVEMBER 17, 2020 AND THE SPECIAL MEETINGS OF APRIL 28, 2020; JUNE 2, 2020; JUNE 16, 2020; AUGUST 4, 2020; AUGUST 18, 2020; SEPTEMBER 1, 2020; SEPTEMBER 15, 2020; OCTOBER 6, 2020; OCTOBER 20, 2020 AND NOVEMBER 17, 2020. (CITY CLERK) ACTION: Approved. See Above. 8. GRANT (206-4-2) Resolution No. 2020-213 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE DISARMING PROHIBITED PERSONS (DPP) GRANT, UNDER AB 340, IN THE AMOUNT OF $10,000 FOR FY 2020 THROUGH FY 2022, AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRANT FUNDS AND SIGN GRANT DOCUMENTS INDEMNIFYING THE GRANTING AGENCY AGAINST ANY LIABILITY ARISING FROM GRANT RELATED OPERATIONS, AND AUTHORIZING THE ESTABLISHMENT OF THE POLICE DEPARTMENT GRANTS FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET, IN THE AMOUNT OF THE GRANT FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS AND MILEAGE FOR PROGRAMMATIC OPERATIONS. (Police) ACTION: Approved. See Above. 16 of 252 Book 102 / Page 186 12-01-2020 CONTRACT (C2020-62) 9. Resolution No. 2020-214. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ALARM PROGRAM SYSTEMS, LLC TO PROVIDE SERVICES TO ADMINISTER AND MANAGE THE CITY'S ALARM ORDINANCE AND ALARM MANAGEMENT PROGRAM. THE CONTRACT AGREEMENT WOULD BE FOR A DURATION OF THREE YEARS, 2021-2023, WITH THE OPTION OF THREE ONE-YEAR EXTENSIONS. (Police) ACTION: Approved. See Above. CONTRACT (C2020-63) 10. Resolution No. 2020-215. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SUBORDINATION AGREEMENT WITH APV VENTURES, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY, AND WESTERN ALLIANCE BANK, AN ARIZONA CORPORATION, SUBORDINATING THE DEED OF TRUST SECURING THE PERFORMANCE OF AN AFFORDABLE HOUSING DENSITY BONUS AGREEMENT APPROVED BY CITY COUNCIL ON AUGUST 6, 2019 THAT RESTRICTS THE AFFORDABILITY OF ONE HOUSING UNIT AT 1821 EAST 9TH STREET IN NATIONAL CITY. (Housing Authority) ACTION: Approved. See Above. CONTRACT (C2020-64) 11. Resolution No. 2020-216. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY 1) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH BOISE MOBILE EQUIPMENT INC. FOR A 2019 OR NEWER DODGE 5500 TYPE VI PATROL PUMPER; 2) WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.220(B) REGARDING SOLE SOURCE PURCHASING OF MOTOROLA RADIOS FOR THE NEW SQUAD VEHICLE FOR THE NATIONAL CITY FIRE DEPARTMENT; AND 3) APPROVING THE ESTABLISHMENT OF APPROPRIATIONS AND TRANSFERS AND A CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $259,751.98 IN THE GENERAL FUND AND VEHICLE REPLACEMENT FUND FOR THE PURCHASE OF A TYPE VI SQUAD AND RADIO SYSTEM WITH FUNDS FROM THE LOWER SWEETWATER EQUIPMENT REPLACEMENT FUND. (Fire) ACTION: Approved. See Above. 17 of 252 Book 102 / Page 187 12-01-2020 STREET VACATIONS (902-38-1) 12. Resolution No. 2020-217. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE RANCHO ARROYO VILLAS SUBDIVISION MAP AND MAINTENANCE AGREEMENT, ACCEPTING ON BEHALF OF THE PUBLIC CERTAIN EASEMENTS, APPROVING THE VACATION OF FUTURE UNUSED EASEMENTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO SIGN THE MAP. (Engineering/Public Works) ACTION: Approved. See Above. TRAFFIC SIGN/SIGNAL ADMIN (801-4-12) 13. Resolution No. 2020-218. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING ON BEHALF OF THE PUBLIC AN EASEMENT FOR TRAFFIC SIGNAL MAINTENANCE AND PEDESTRIAN ACCESS ALONG THE PROPERTY FRONTAGE OF 500 MILE OF CARS WAY, APN 562 340 43 00, AUTHORIZING THE MAYOR TO SIGN THE EASEMENT, AND APPROVING THE RECORDATION. (Engineering/Public Works) ACTION: Approved. See Above. FINANCIAL MANAGEMENT 2020 (204-1-35) 14. National City 2020/21 Property Tax Summary. (Finance) ACTION: Approved. See Above. FINANCIAL MANAGEMENT 2020 (204-1-35) 15. Warrant Register #14 for the period of 9/30/20 through 10/06/20 in the amount of $2,935,604.75. (Finance) ACTION: Approved. See Above. FINANCIAL MANAGEMENT 2020 (204-1-35) 16. Warrant Register #15 for the period of 10/07/20 through 10/13/20 in the amount of $918,121.50. (Finance) ACTION: Approved. See Above. NON CONSENT RESOLUTIONS 17. EMERGENCY / DISASTER PLANNING ADMIN (301-1-1) Resolution No. 2020-219. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY SUPPORTING SWEETWATER AUTHORITY, OTHER WATER SERVICE PROVIDERS, AND WATER INDUSTRY ASSOCIATIONS, TO ADVOCATE FOR ASSISTANCE, GRANTS, AND PROGRAMS FOR CUSTOMERS WHO ARE EXPERIENCING AN INABILITY TO PAY AND ARE UNABLE TO AFFORD WATER DURING THE COVID-19 PANDEMIC. (Engineering/Public Works) RECOMMENDATION: Approved. See Above. TESTIMONY (VIA E-MAIL): ACTION: 18 of 252 Book 102 / Page 188 12-01-2020 BUDGET FY 2020-2021 (206-1-36) 18. Resolution No. 2020-220. RESOLUTION OF THE CITY COUNCIL OF CITY OF NATIONAL CITY RATIFYING FISCAL YEAR 2020 BUDGET ADJUSTMENTS. (Finance) Mayor Sotelo-Solis introduced Mark Roberts, Director of Finance who gave the report. RECOMMENDATION: Approved. See Above. TESTIMONY (VIA E-MAIL): None. ACTION: Motion by Rios to Adopt the Resolution to Include Amendment Withdrawing the Facility Maintenance Fund, seconded by Cano. Carried by unanimous vote. NEW BUSINESS BUDGET FY 2020-2021 (206-1-36) 19. Approval of Fiscal Year 2022 Budget Workshop dates. (Finance) Mayor Sotelo-Solis introduced Mark Roberts, Director of Finance who gave the report. RECOMMENDATION: Approved. See Above. TESTIMONY (VIA E-MAIL): None. ACTION: Motion by Rios, seconded by Cano. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 20. City Manager Report. (City Manager) Mayor Sotelo-Solis introduced Brad Raulston, City Manager who gave the update on current COVID-19 status regarding the new program providing additional assistance in aid to businesses and non -profits. In addition, the update moving the County to the "Deep Purple" tier which moves toward stricter restrictions. Information is available on the City website, 2-1-1 and by employees out working in the community. Economic Development Staff and Mayor are working on new opportunities to relearn skills and improve marketability of residents looking for work. Nat City Newsletter newly revised issue is now available on the City website. 19 of 252 Book 102 / Page 189 12-01-2020 MAYOR AND CITY COUNCIL, ELECTED OFFICIALS Member Quintero thanked City Manager Raulston and staff for working on the CarMax project. He also congratulated the newly appointed Port Commissioner. Member Morrison, acknowledged the community reaction to the COVID-19 pandemic and their resiliency. Vice -Mayor Rios, pleased with the process and candidates for the Port Commission appointment. She made comments regarding the community response to continued COVID restrictions and thankful for the Mayor for volunteering for the vaccine study. Happy Holidays. Mayor Sotelo-Solis, wished everyone Happy Holidays. Encouraged community to continue to stay safe. In partnership with the National City Police and Fire Foundation as well as the Latino Health Coalition, gave away 520 Turkeys to National City residents, which also included safety kits (masks, and hand sanitizer). Thanked Council for their cooperation on the dais for appointment. 2020 Inaugural Bright Lights of National City sponsored by Westfield, where to submit and more information can be found on the City website. CLOSED SESSION REPORT City Attorney Bell stated there was no report. ADJOURNMENT Motion by Rios, seconded by Quintero to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - December 15, 2020 - 6:00 p.m. - Council Chambers - National City, California, and City Council and Community Development Commission - Housing Authority of the City of National City Meeting Schedule for the Period January 1, 2021 through January 19, 2021: In addition, to cancel Regular Meeting of January 5, 2021. The meeting closed at 9:16 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of May 4, 2021. Mayor 20 of 252 4- CALIFORNIA NATIONAL oil `. 'NCORPORATE MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY December 15, 2020 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 5:02 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Cano, Morrison, Quintero, Rios, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell PUBLIC COMMENTS No public comments were received. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Existing Litigation under Government Code Section 54956.9(d)(1) Justin Perez v. City of National City 2. CONFERENCE WITH LEGAL COUNSEL - PENDING LITIGATION: Existing Litigation under Government Code Section 54956.9(d)(1) Rodrick Nelson v. City of National City 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION: Potential Litigation Pursuant to Government Code Section 54956.9(d)(4) 4. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION: Potential Litigation Pursuant to Government Code Section 54956.9(e)(1) CLOSED SESSION REPORT AT END OF REGULAR MEETING City Attorney Bell stated that the direction given by unanimous vote by the City Council in the legal action concerning a personal injury claim arising from an alleged dangerous condition on public property. City Attorney Bell stated that the direction given by unanimous vote by the City Council to submit a request for the publication of an amicus letter to the California Supreme Court concerning the County of Sonoma matter. 21 of 252 December 15, 2020 Page 2 ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Regular City Council Meeting: Tuesday, December 15, 2020, at 6:00 p.m., City Council Chambers, Civic Center — National City, California, via Zoom. The meeting adjourned at 5:21 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of May 4, 2021. Mayor Sotelo-Solis 22 of 252 CALIFORNIA N 1.1ONRL CITY vri 1NCORPORATED MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY March 2, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 5:02 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell, PUBLIC COMMENTS No public comments were received. CLOSED SESSION 1. Liability Claim: Government Code Section 54956.95: One Claim United States Department of the Interior — Fish and Wildlife Services Agency Notice of Potential Liability Claimed Against: City of National City CLOSED SESSION REPORT AT END OF REGULAR MEETING City Attorney Bell stated pursuant to California Government Code Section 54957.1, no reportable action was taken in closed session regarding the United States Department of the Interior — Fish and Wildlife Services Agency Notice of Potential Liability Claimed Against: City of National City. ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Regular City Council Meeting: Tuesday, March 16, 2021, at 6:00 p.m., City Council Chambers, Civic Center — National City, California, via Zoom The meeting adjourned at 5:44 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of May 4, 2021. Mayor Sotelo-Solis 23 of 252 +- CALIFORNIA -4 NATIONAL Clflr 1331 iNCOAPORAT ED MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY March 16, 2021 This meeting was conducted utilizing teleconferencing consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:07 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other Elected Officials present: Beauchamp, Molina Administrative Officials present: Raulston, Winney, Bell, Chapel, Gilman, Williams, Davis, Meteau, Denham, Duong, Vergara, Aguirre, Yano, Parra, Barrera, Valdez, Barrera and Tellez. Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance PUBLIC COMMENTS Ten (10) spoken public comments received: Aida Castaneda (Lowrider Coalition), Alberto Pulido (Lowrider Coalition), Jovita Arellano (Lowrider Coalition), Marisa Rosales (Lowrider Coalition), Clair Carter (Marijuana — Opposition), Kelly McCormick (Marijuana — Opposition), Carol Green (Marijuana — Opposition), Barbara Gordon (Marijuana — Opposition), Becky Rapp (Marijuana — Opposition), and Kathleen Lippitt (Marijuana — Opposition). Two (2) written public comments received: David Ozua (Code Enforcement) and Jim Traweek (Excessive Speeding). PROCLAMATIONS AND CERTIFICATES 1. National City Celebrates Women's History Month. Mayor Sotelo-Solis presented the proclamation to Marissa Cedillo, creator of Real Women Sisterhood, in celebration of Women's History Month in National City. 24 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 AWARDS AND RECOGNITIONS 2. Employee of the Quarter 2021 - Lizza Galindo -Rojas, Administrative Secretary. Mayor Sotelo-Solis introduced Director of Human Resources Robert Meteau who presented the award to Ms. Galindo -Rojas. PRESENTATIONS No agenda items. INTERVIEWS / APPOINTMENTS Public Comments: None ACTION: Mayor Sotelo-Solis motioned to reinstate the ad -hoc committee to revisit the cruising ordinance in National City, and to appoint Councilmember Rios to the committee. Seconded by Councilmember Rios. Motion carried by unanimous vote. REGIONAL BOARDS AND COMMITTEE REPORTS Councilmember Rios chaired the Operations Committee for the San Diego County Water Authority and reported on actions towards testing of the manganese and iron removal system. At the League of Cities Division meeting, 2-1-1 San Diego presented information on the resources and services available to the public. Councilmember Bush reported on the Shoreline Preservation Working Group and the discussions around beach sand erosion issues and mitigating efforts. Councilmember Morrison reported that the Regional Solid Waste Association will meet in April. He is working with EDCO to give a presentation to the Council on the organic recycling program at an upcoming meeting. Vice -Mayor Rodriguez reported on the Joint Powers Authority's discussions concerning industrial discharge permit and impacts to National City operators, as well as renewable water source updates. Mayor Sotelo-Solis reported that Metropolitan Transit System lowered fees for riders, discussed security ambassadors, and recognized the need for bus service along the Blue Line in the late night/early morning hours. Also, the San Diego Association of Governments (SANDAG) meeting focused on the Five Big Moves transportation plan and funding efforts. One source will be an increase in National City's TransNet administration fees from 1% to 2%, or $14,000, that will be redistributed to fund SANDAG information technology (IT) and data collection efforts. CONSENT CALENDER Public Comment: One (1) written public comment received from Joan Rincon (Item #8) Page 218 25 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to approve the Consent Calendar. Motion carried by unanimous vote. 3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. 4. Approval of the Minutes of the Virtual Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Virtual Regular Meeting: February 2, 2021. 5. Adopted Resolution No. 2021-15. Resolution of the City Council of the City of National City authorizing the installation of 606 feet of "No Parking" signage on both sides of Paraiso Court to provide fire access and travel clearance for emergency response vehicles (TSC No. 2021-01). 6. Adopted Resolution No. 2021-16. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 32 "D" Avenue (TSC No. 2021-02). 7 Adopted Resolution No. 2021-17. Resolution of the City Council of the City of National City finding APR Construction, Inc. in default of the contract for the Civic Center ADA Accessibility Project, CIP No. 19-45 for materially violating the contract provisions by providing false information, consistent with Section 6.4.1 of the contract documents. 8. Adopted Resolution No. 2021-18. Resolution of the City Council of the City of National City ratifying the Agreement between the City of National City and Meyers Nave for legal services in consultation with the City Attorney on matters related to the implementation of a commercial cannabis structure and program for the total not to exceed amount of $25,000.00 and approving the City Attorney's execution of same. 9. Ratified Warrant Register #32 for the period of 2/03/21 through 2/09/21 in the amount of $2,455,294.45. 10. Ratified Warrant Register #33 for the period of 2/10/21 through 2/16/21 in the amount of $261,842.17. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 11. Public Hearing No. 1 of 2 for the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2021-2022 Annual Action Plan. Mayor Sotelo-Solis introduced Angelita Palma, Housing Programs Manager, and Carlos Aguirre, Director of Housing Authority, provided the report and PowerPoint presentation titled "Public Hearing No. 1 of 2 for the 2021-2022 HUD CPD Action Plan & Funding Recommendations". Page 318 26 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 Mayor Sotelo-Solis opened the Public Hearing at 7:23 p.m. Public Comment: None ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to close the Public Hearing at 7:25 p.m. Motion carried by unanimous vote. Received and Filed. NON CONSENT RESOLUTIONS 12. Adopt Resolution No. 2021-19. Resolution of the City Council of the City of National City authorizing, 1) the City (Buyer) to utilize cooperative purchasing established through Sourcewell previously known as National Joint Powers Alliance (NJPA), consistent with Municipal Code Section 2.60.260 for cooperative purchasing, to purchase Tyler Technologies New World Computer Aided Dispatch (CAD) based on their member number 17730; and 2) finance through Capital Innovations for a seven (7) year lease purchase agreement; and 3) the Mayor to execute the Agreement with Tyler Technologies and Capital Innovations to replace outdated current police department CAD for a lease purchase agreement in the amount of $1,060,000. City Clerk Molina read the title of the Resolution title into the record. City Manager Raulston introduced Chief of Police Jose Tellez, and Support Services Manager Amber Lashbrook. Chief Tellez and Manager Lashbrook gave the report and PowerPoint presentation titled "Computer Aided Dispatch (CAD) Project". Mayor Sotelo-Solis opened the Public Hearing at 7:53 p.m. City Manager Raulston stated for clarification that this item was not a Public Hearing. Public Comment: None ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to close the Public Hearing at 7:54 p.m. Motion carried by unanimous vote. Councilmembers asked clarifying questions of Staff. Chief Tellez and City Manager Raulston and City Attorney Bell provided responses. ACTION: Motion by Councilmember Rios, seconded by Councilmember Bush, to adopt the Resolution. Motion carried unanimously. ITEM 14 TAKEN OUT OF ORDER NEW BUSINESS 14. City of National City Comprehensive Annual Financial Report (CAFR) for the fiscal year ended June 30, 2020. Page 418 27 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 City Manager Raulston introduced the item and presenters Kenneth Pun and Coley Delaney, auditors with The Pun Group, LLC. Mr. Pun and Mr. Delaney gave the report and PowerPoint presentation titled "Presentation to the City Council for the Fiscal Year Ended June 30, 2020". Public Comments: None. ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to adopt the report. Motion carried by unanimous vote. 8:12 p.m. City Clerk Molina read a statement at the two-hour mark to consider release of the interpretation service, consistent with the practice during in -person meetings. Mayor Sotelo-Solis determined that the City Council needs to discuss this process. This topic will be brought at the end of the meeting following agenized items. The interpreters remained in attendance and continued with interpretation of the meeting. NON CONSENT RESOLUTIONS - continued 13. Adopted Resolution No. 2021-20 of the City Council of the City of National City authorizing various Fiscal Year 2021 mid -year budget adjustments. City Manager Raulston introduced Department of Finance personnel: Budget Manager Paul Valadez, Interim Director of Finance Phillip Davis, and Finance Manager Rachelle Barrera. City Manager Raulston gave the report and PowerPoint presentation titled "Fiscal Year 2021 General Fund Budget Mid -Year Budget Review". The presenters and Director of Public Works Yano responded to City Councilmember questions. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis opened the Public Hearing at 8:35 p.m. Public Comments: None. ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to close the Public Hearing at 8:36 p.m. Motion carried unanimously. ACTION: Motion by Councilmember Bush, seconded by Councilmember Morrison, to adopt the Resolution. Motion carried unanimously. NEW BUSINESS ITEM 14 TAKEN OUT OF ORDER - see above 15. Update on American Rescue Plan Act. City Manager Raulston gave a report on the $19.6 Million dollars in one time funding allocated to National City via the American Rescue Plan Act. These funds are available for use through December 2024. Staff is evaluating the eligible usage for these funds and will provide recommendations at the April 2021 Budget Workshop. rage 518 28 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 City Manager Raulston responded to questions asked by Councilmembers. Public Comments: None. Received and Filed. 16. 2020 Housing Element Annual Progress Report pursuant to California Code Section 654000. Director of Housing Authority Aguirre gave the report and PowerPoint presentation titled "2020 Housing Element Annual Progress Report". Staff answered questions for Councilmembers. Public Comments: None. Received and Filed. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY No agenda items. C. REPORTS STAFF REPORTS 17. City Manager Report. City Manager Raulston marked the one-year anniversary of the global pandemic and reported on the efforts made by the City for vaccine distribution, transition towards less restrictive guidelines, and plans for reopening. MAYOR AND CITY COUNCIL CITY TREASURER'S REPORT TAKEN OUT OF ORDER City Treasurer Beauchamp expressed support for the new CAD system for the Police Department. He spoke about the cost of business in National City and the region and encouraged improvements in the movement of goods. 18. Discussion regarding Public Comment at City Council Meetings. City Manager Raulston introduced the item and Deputy City Clerk Chapel gave the PowerPoint presentation titled "Public Comment Live via "Zoom" and Written". Staff answered questions for Councilmembers. Page 618 29 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 Public Comment: One (1) written public comment received from Ted Godshalk (offered suggestions for uniform public comment format) ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to direct Staff to continue to read the written comments received into the record. In addition, the motion allows for the reading of only the tally of comments in favor and/or opposition when the comments are voluminous, at the Chair's discretion. Motion carried unanimously. MAYOR AND CITY COUNCIL — reports continued City Clerk Molina announced the vacancies in the Planning Commission and the Community and Police Relations Committee. Potential Commissioners may apply for consideration by March 17, 2021, 5:00 p.m. via the City Clerk's office. Councilmember Morrison commented on the irony in needing to hire a firm to help the City navigate the cannabis issue and that the City is a drug -free workplace. Councilmember Bush thanked Staff for considering the consultant services. Councilmember Rios thanked Joe Olsen, Neighborhood Services, for addressing the matter in a timely manner. She thanked Deputy City Clerk Shelley Chapel for her help regarding the Statement of Economic Interests electronic filing. She thanked Staff in general for the helpful briefings and presentations. She requested more information on the American Rescue Plan Act. Vice -Mayor Rodriguez also thanked Staff for their timely preparation and for being available outside of the regular meetings. He recognized his mother on the occasion of her birthday. ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to bring back to Council the opportunity to discuss the management of translation services at the April 20, 2021 meeting. Motion carried unanimously. ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison, to give Staff direction to prepare a report addressing the illegal drag racing in the region. Friendly amendment to the motion allows for inclusion of excessive road noise. Motion carried unanimously. Mayor Sotelo-Solis invited the City Council, Staff and public to the State of the City Address to be held virtually on March 25, 2021 at 5:30 p.m. Also, she read an excerpt from the children's story book, Penny's Adventure in San Diego County, written by the Mayors of San Diego County and the Purple Project, based on an idea created by Jordan Conole, Founder and Executive Director of the Purple Project - a nonprofit organization in San Diego that provides aid and support for emergency domestic violence shelters. CLOSED SESSION Closed Session was held during the Special Meeting commencing at 5:07 p.m., prior to the Regular Meeting. Page 718 30 of 252 City of National City — City Council Regular Meeting Minutes March 16, 2021 CLOSED SESSION REPORT City Attorney Bell stated his report from the Closed Session. 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION: Existing Litigation under Government Code Section 54956.9(d)(1) Tammy Davis v. City of National City, et al. Case No. 19-CV-534-BEN-BGS Pursuant to California Government Code Section 54957.1, by unanimous vote, direction was given by the City Council in the legal action title Tammy Davis, et al. v. City of National City, et al. The case involves a Section 1983 Civil Rights Act claim arising from an in custody death. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION: Existing Litigation under Government Code Section 54956.9(d)(1) Justin Perez v. City of National City Case No. 37-2019-00037384-CU-PO-CTL Pursuant to California Government Code Section 54957.1, by unanimous vote, direction was given by the City Council in the legal action title Justin Perez v. City of National City. The case involves a personal injury claim arising an alleged dangerous condition on City property. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios, to adjourn the meeting to the Special Meeting of Successor Agency with all members present. Motion carried by unanimous vote. SPECIAL MEETING OF SUCCESSOR AGENCY Successor Agency Items — See Special Meeting of the Successor Agency minutes. ACTION: Motion by Boardmember Morrison, seconded by Boardmember Rios, to adjourn the meeting back to the Regular Meeting with all members present. Motion carried by unanimous vote. ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Virtual Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City, California to be held Tuesday, April 6, 2021, at 6:00 p.m. via teleconference. Motion carried by unanimous vote. The meeting adjourned at 10:08 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of May 4, 2021. Alejandra Sotelo-Solis, Mayor Page 818 31 of 252 CALIFORNIA .:. NATIONAL CITY 1JJ 1l�e''��e�, 'GJ �. 'NCORPORATE0 MINUTES OF THE VIRTUAL SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY March 16, 2021 This meeting was conducted utilizing teleconferencing and electronic means consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. OPEN SESSION CALL TO ORDER The meeting was called to order at 5:02 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell, PUBLIC COMMENTS No public comments were received. CLOSED SESSION 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Existing Litigation under Government Code Section 54956.9(d)(1) Tammy Davis v. City of National City, et al Case No. 19-CV-534-BEN-BGS 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION Existing Litigation under Government Code Section 54956.9(d)(1) Justin Perez v. City of National City Case No. 37-2019-00037384-CU-PO-CTL CLOSED SESSION REPORT AT END OF REGULAR MEETING City Attorney Bell stated pursuant to California Government Code Section 54957.1: 1. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION: Pursuant to California Government Code Section 54957.1, by unanimous vote, direction was given by the City Council in the legal action title Tammy Davis, et al. v. City of National City, et al. The case involves a Section 1983 Civil Rights Act claim arising from an in custody death. 2. CONFERENCE WITH LEGAL COUNSEL — EXISTING LITIGATION: Pursuant to California Government Code Section 54957.1, by unanimous vote, direction was given by the City Council in the legal action title Justin Perez v. City of National City. The case involves a personal injury claim arising an alleged dangerous condition on City property. 32 of 252 ADJOURNMENT Mayor Sotelo-Solis adjourned the meeting to the next Regular City Council Meeting: Tuesday, March 16, 2021, at 6:00 p.m., City Council Chambers, Civic Center— National City, California, via Zoom The meeting adjourned at 5:44 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of May 4, 2021. Mayor Sotelo-Solis 33 of 252 CALIFORNIA - INQORPOEiATED MINUTES OF THE REGULAR MEETING OF THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY March 16, 2021 This meeting was conducted utilizing teleconferencing consistent with State of California Executive Order N-29-20 dated March 17, 2020, regarding the COVID-19 pandemic. CALL TO ORDER The meeting was called to order at 10:06 p.m. by Chairperson Alejandra Sotelo-Solis. ROLL CALL Board members present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Other elected officials present: Molina Administrative officials present: Raulston, Winney, Bell, Gilman, Chapel PUBLIC COMMENTS There were no public comments. CONSENT CALENDER ACTION: Motion by Boardmember Morrison, seconded by Boardmember Rios, to approve the Consent Calendar. Motion carried by unanimous vote. 1. Investment Report for the quarter ended September 30, 2020. 2. Investment Report for the quarter ended December 31, 2020. 3. Investment transactions for the month ended October 31, 2020. 4. Investment transactions for the month ended November 30, 2020. ADJOURNMENT ACTION: Motion by Boardmember Morrison, seconded by Boardmember Rios, to adjourn the meeting back to the Regular Meeting with all members present. Motion carried by unanimous vote. Chairperson Sotelo-Solis adjourned the meeting to the next Virtual Regular Meeting of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency to be held Tuesday, June 15, 2021, at 6:00 p.m., via teleconference. The meeting adjourned at 10:08 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of May 4, 2021. Alejandra Sotelo-Solis, Mayor 34 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City denouncing xenophobia and anti-Asian/Pacific Islander racism arising due to fears of the COVID-19 pandemic and affirming the City's commitment to the well-being and safety of Aisan Pacific Islander communities. (City Manager) Please scroll down to view the backup material. 35 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City denouncing xenophobia and anti-Asian/Pacific Islander racism arising due to fears of the COVID-19 pandemic and affirming the City's commitment to the well-being and safety of Asian Pacific Islander communities. PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: Cityer's Office PHONE: (619) 336-4240 APPROVED BY: EXPLANATION: At the April 6, 2021 City Council meeting, City Council adopted a proclamation denouncing xenophobia and anti -Asian racism. A copy of the adopted proclamation is attached. The City Council asked staff to return at a subsequent City Council meeting with a resolution reaffirming the proclamation. The proposed resolution is attached as Exhibit B which includes language similar to a resolution recently adopted by the City of San Diego. FINANCIAL STATEMENT: ACCOUNT NO. No fiscal impact. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Approve the attached Resolution denouncing xenophobia and anti -Asian racism arising due to fears of the COVID-19 pandemic and affirming the City's commitment to the well-being and safety of Asian Pacific Islander communities. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Exhibit A — Proclamation Adopted April 6, 2021 by City Council Exhibit B — Resolution 36 of 252 Exhibit A - Proclamation as Adopted on April 6, 2021 by City Council WHEREAS, Asian Pacific Islander (API) communities are suffering from acts of discrimination, hate crimes, and micro aggressions due to fears of COVID-19; and WHEREAS, according to the World Health Organization, over 30 million cases of SARS-CoV2 infection have been reported in the United States as of April 6, 2021; and WHEREAS, the outbreak of SARS-CoV2 has been referred to as "China Coronavirus", "Chinese Coronavirus", "Chinese Virus", "Kung-Flu" and "Wuhan Virus" in public discourse; and WHEREAS, such rhetoric is reminiscent of the perception of Chinese Americans as perpetual foreigners and the "yellow peril" in the late 1800s and were subsequently excluded from immigration and naturalization by law for close to a century; WHEREAS, such rhetoric is inaccurate and stigmatizing, tends to incite fear and xenophobia, and may put individuals of Asian ancestry at risk of retaliation and deterrence from accessing resources and services, appearing in public, and expressing their identity; and WHEREAS, scientists have confirmed that the COVID-19 disease does not respect borders and is not caused by ethnicity, and the World Health Organization has cautioned against using geographic descriptors because they can fuel ethnic discrimination; and 37 of 252 WHEREAS, as SARS-CoV2 has spread, numerous APIs have reported experiencing micro aggressions, racial profiling, hate incidents and, in some cases, hate violence; and WHEREAS, over 30,000 businesses are API -owned in San Diego, with numerous dining and hospitality establishments having reported a decrease in business since January 2020 at the beginning of the outbreak; and WHEREAS, San Diego is one of the first minority -majority counties in the nation, home to 440,660 Asians, Native Hawaiian and Pacific Islanders, collectively representing one out of every seven residents and the fastest -growing racial group; and WHEREAS, data on COVID-19 infections and fatalities in California show that Asian, Black, and Latinx, and Native Hawaiian Pacific Islander communities may be disproportionately impacted; and NOW, THEREFORE, BE IT RESOLVED that I, Alejandra Sotelo-Solis Mayor of the City of National City do proclaim that National City denounces Xenophobia and Anti -Asian racism. The City of National City calls upon all counties, cities, and local governments across the United States to adopt similar commitments to reaffirm their solidarity with API communities and commit to combating hate and improving health equity. 38 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute the First Amendment to the Purchase and Sales Agreement and accepting the Grant Deed from Sayheune Phomsavanh for the purchase of property located at 140 West 18th Street. (Housing Authority) Please scroll down to view the backup material. 39 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute the First Amendment to the Purchase and Sales Agreement and accepting the Grant Deed from Sayheune Phomsavanh for the purchase of property located at 140 West 18th Street. PREPARED BY: Greg Rose, Property Agent PHONE: 619-336-4266 EXPLANATION: DEPARTMENT: Housing Authari APPROVED BY: y The City of National City received a California Natural Resources Agency Grant to purchase the property located at 140 W 18th Street in order to convert it to a river parkway. This property is adjacent to the newly created Paradise Creek Park. The Purchase and Sales Agreement was amended to clarify the relocation reimbursement process and extend the closing date to June 30, 2021. The Grant Deed needs to be accepted by Resolution of the City Council. FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS The approval of the 1st Amendment and acceptance of the Grant Deed 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. Purchase and Sales Agreement 2. First Amendment 3. Grant Deed 4. Resolution 40 of 252 Attachment No. 1 PURCHASE AND SALE AGREEMENT (140 West 18° Street) THIS PURCHASE AND SALE AGREEMENT (140 West 18th Street) ("Agreement") dated as of the 25 day of November, 2019, by and between Sayheune Phomsavanh, an individual ("Seller"), and the City of National City ("Purchaser"). RECITALS A. The Seller owns the fee interest in that certain real property generally located at 140 West 18th Street in the City of National City, County of San Diego, California, which is legally described on Exhibit A attached hereto and made a part hereof ("Property"). Seller and Purchaser desire for Seller to sell the Property to Purchaser at fair market value, and for Purchaser to purchase the Property from Seller. B. The Seller agrees to sell the Property to Purchaser for an amount equal to its current fair market value of Seven Hundred Forty -Five Thousand and No/100 Dollars ($745,000.00), which amount shall be payable by Purchaser to Seller in cash at Closing. In addition, the Purchaser agrees to pay or reimburse the Seller for th.e Seller's actual costs to relocate from the Property in an amount not to exceed One Hundred Thousand and No/100 Dollars ($100,000.00). C. Seller's sale of the Property to Purchaser and Purchaser's purchase of the Property are in the vital and best interest of the City of National City and the health, safety, morals and welfare of its residents, and in accord with the public purposes and provisions of applicable state and local laws and requirements. AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are acknowledged, Purchaser and Seller hereby agree as follows: 1. Effectiveness of Agreement and Purchase and Sale. (a) Effectiveness of Agreement. This Agreement shall be effective and binding upon all parties hereto concurrently with the last to occur of the following: (i) this Agreement has been duly executed by Purchaser and delivered by Purchaser to Seller; (ii) this Agreement has been formally approved by resolution of the City of National City; and (iii) this Agreement has been duly executed by Seller and delivered by Seller to Purchaser. The Seller hereby acknowledges that the Purchaser is prohibited by law from purchasing the Property, without the approval of the City Council of the City ofNational City. Under no circumstances will this Agreement be effective before all of the preceding have occurred. 41 of 252 Attachment No. 1 (b) Purchase and Sale of the Property, In consideration of the mutual covenants set forth in this Agreement, and on the terms and conditions set forth herein, Seller agrees to sell the Property to Purchaser, and Purchaser agrees to purchase the Property from Seller on the terms and conditions set forth herein, provided the various conditions to Closing set forth in this Agreement are satisfied or waived as provided herein. At Closing, Seller shall convey to Purchaser title to the Property by recordation of the Grant Deed. The Escrow Agent shall issue the Title Policy (as defined below) to the Purchaser at Closing. (c) Possession of the Property. The Seller shall deliver possession of the Property to Purchaser at Closing. Possession of the Property shall be delivered to Purchaser entirely vacant, subject only to the Property Documents and the Permitted Exceptions. 2, Definitions, As used in this Agreement, the following terms shall have the following meanings: "Agreement" means this Purchase and Sale Agreement between the Seller and the Purchaser. "Business Day" means any day other than a Saturday, Sunday or any other day on which Purchaser or Escrow Agent is not open for business. In the event any date, deadline or due date set forth in this Agreement falls on a day that is not a Business Day, then such deadline or due date shall automatically be extended to the next Business Day. "Close" or "Closing" means the close of Escrow as provided herein, which shall occur on the Closing Date. "Closing Date" means the close of Escrow as provided herein, which shall be one (1) Business Day after the latest of: (i) the date all of the Conditions Precedent for the Benefit of the Seller have been satisfied; and (ii) the date all of the Conditions Precedent for the Benefit of the Purchaser have been satisfied. The Closing shall occur on or before July 1, 2020. If Purchaser desires the Closing Date to be any date before July 1, 2020, the Purchaser shall provide written notice to Seller setting forth the Closing Date not less than 90 days prior to such proposed Closing Date. If such notice is not provided from Purchaser to Seller, the Closing Date shall be July 1, 2020. "Conditions Precedent for the Benefit of the Seller" shall have the meaning set forth in Section 5 of this Agreement. "Conditions Precedent for the Benefit of the Purchaser" shall have the meaning set forth in Section 6 of this Agreement. "Deposit" shall have the meaning set forth in Section 3 of this Agreement. 2 42 of 252 Attachment No. 1 "Due Diligence Period" means the period of time commencing on the Effective Date and ending at 5:00 p.m. Pacific time on February 24 (90 days after the Effective Date). "Effective Date" means November 25, 2019, which may or may not be the date this Agreement was executed and delivered by the Seller or the Purchaser. "Escrow" means the escrow depository and disbursement services to be performed by Escrow Agent pursuant to the provisions of this Agreement. "Escrow Agent" means Carla Burchard at Stewart Title Guaranty Company, 7676 Hazard Center Drive, Suite 1400, San Diego, California 921.08. "Grant Deed" means a duly executed and acknowledged grant deed conveying fee simple title to the Property from Seller to Purchaser. "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term "Hazardous Materials" shall not include substances typically used in the ordinary course of developing, operating and maintaining apartment complexes in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws. "Immediately Available Funds" means a bank wire transfer or a certified bank or cashier's check. "Permitted Exceptions" means (i) the printed exceptions and exclusions in the Title Policy; (ii) the exceptions to title set forth in Schedule B to the Title Report (as defined in Section 4(e) below) which are approved by Purchaser in writing, or deemed approved by Purchaser, as provided in Section 4(e) below; (iii) real property taxes and assessments which are a lien but not yet payable; (iv) any title exceptions caused, consented to or preapproved by Purchaser; and (v) all applicable building, zoning and use restrictions and/or regulations of any municipality, township, county or state; (vii) defects that would be shown by an inspection or by a survey of the Real Property; and (viii) any reserved oil, water and/or mineral rights. "Property" means that certain real property generally located at 140 West .18th Street in the City of National City, County of San Diego, California, which is legally described on Exhibit A attached hereto and made a part hereof, "Property Documents" means a current delinquency report, property tax bills, capital contracts, site maps, floorplans, business licenses and permits, permits and approvals from the City or County and any governing authorities, conditions imposed by any governmental authorities which affect the development or use of the Property, soils reports, engineering studies or surveys, studies and reports concerning the possibility of hazardous, contaminated or toxic materials on or near the Property, active contracts, drawings, plans, specifications, with respect to the Property that are in Seller's possession. 3 43 of 252 Attachment No. 1 "Purchase Price" shall have the meaning set forth in Section 3 of this Agreement. "Purchaser" rneans the City of National City. "Seller" means Sayheune Phomsavanh, an individual. "Title Policy" means a CLTA Owner's Policy of Title Insurance in the amount of the Purchase Price, insuring that title to the fee interest in the Property is vested in the Purchaser subject only to the Permitted Exceptions, which Title Policy shall be obtained through the Escrow Agent. Purchaser shall pay the cost of the CLTA Owner's Policy of Title Insurance. Purchaser shall pay the cost of any endorsements it desires. Purchaser may obtain an ALTA Owner's Policy of Title insurance in which event Purchaser shall pay the cost difference between the cost of the ALTA Owner's Policy of Title insurance and the cost• of a CLTA Owner's Policy of Title Insurance. 3. Purchase Price. The purchase price to be paid by the Purchaser for all of the Property shall be Seven Hundred Forty -Five Thousand and No/100 Dollars ($745,000.00) ("Purchase Price"). (a) Deposit. Purchaser shall make a deposit into Escrow of immediately Available Funds in the amount of Fifty Thousand and No/100 Dollars ($50,000.00) (the "Deposit") within three (3) Business Days of the Effective Date. The Deposit shall be refundable until the expiration of the Due Diligence Period. If the Purchaser elects to terminate this Agreement prior to expiration of the Due Diligence Period, as set forth in. Section 4, below, then upon receipt of written notice from the Seller and the Purchaser, the Escrow Agent shall return the Deposit to the Purchaser, plus any interest earned thereon. Provided, however, all fees and costs charged by the Escrow Agent shall be paid by the Purchaser. Notwithstanding anything to the contrary set forth herein, the Deposit and any other deposits made by the Purchaser shall be fully refundable to the Purchaser until such time as this Agreement has been approved by resolution of the City Council of the City of National City, in its sole discretion. The Seller hereby acknowledges that the Purchaser is prohibited by law from purchasing the Property, without the approval of the City Council of the City of National City. (b) LIQUIDATED DAMAGES. THE DEPOSIT SHALL BE REFUNDABLE TO THE PURCHASER AS MAY BE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT. IF ESCROW FAILS TO CLOSE AS A RESULT OF PURCHASER'S DEFAULT HEREUNDER, THE SOLE REMEDY OF THE SELLER SHALL BE EITHER: (1) TO TERMINATE THIS AGREEMENT BY GIVING WRITTEN NOTICE THEREOF TO PURCHASER AND ESCROW AGENT, WHEREUPON THE SELLER SIIALL RETAIN THE DEPOSIT(S) AND ALL INTEREST THEREON AS .LIQUIDATED DAMAGES; OR (2) AND, THE SELLER MAY SPECIFICALLY ENFORCE THIS AGREEMENT SET FORTH IN CALIFORNIA CIVIL CODE SECTION 1680 AN.D 3389. THEREAFTER, NO PARTY HERETO SIIALL HAVE ANY FURTHER LIABILITY OR OBLIGATION TO ANY OTHER PARTY HERETO EXCEPT FOR: (i) THE SELLER'S RIGHT TO RECEIVE AND RETAIN SUCH LIQUIDATED DAMAGES OR THE PROPERTY (IF SPECIFIC PERFORMANCE IS CHOSEN); AND (ii) THE OBLIGATION OF THE PARTIES TO PAY AMOUNTS INTO ESCROW TO PAY THE 4 44 of 252 Attachment No. 1 FEES AND COSTS OF ESCROW. THE PARTIES HERETO ACKNOWLEDGE AND AGREE THAT THE SELLER'S ACTUAL DAMAGES IN THE EVENT OF PURCHASER'S DEFAULT HEREUNDER ARE UNCERTAIN IN AMOUNT AND DIFFICULT TO ASCERTAIN, AND THAT SUCH AMOUNT OF LIQUIDATED DAMAGES IS REASONABLE UNDER THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1671 ET SEQ., CONSIDERING ALL OF THE CIRCUMSTANCES EXISTING ON THE DATE HEREOF INCLUDING, WITHOUT LIMITATION, THE RELATIONSHIP OF SUCH AMOUNT TO THE RANGE OF POTENTIAL HARM TO THE SELLER THAT CAN REASONABLY BE ANTICIPATED AND THE ANTICIPATION THAT PROOF OF ACTUAL DAMAGES RESULTING FROM SUCH DEFAULT WOULD BE COSTLY AND INCONVENIENT. BY PLACING ITS INITIALS IN THE SPACE BELOW, EACH PARTY HERETO SPECIFICALLY CONFIRMS THE ACCURACY OF THE FOREGOING AND THE FACT THAT SUCH PARTY HAS BEEN REPRESENTED BY COUNSEL WHO EXPLAINED. THE CONSEQUENCES OF THIS LIQUIDATED DAMAGES PROVISION. THE PROVISIONS OF THIS SECTION 3(B) SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT. Seller's Initials Purchaser s: tials (c) Delivery of Remainder of Purchase Price into Escrow. Not less than one (1) Business Day prior to the Closing Date, the Purchaser shall cause Irrunediately Available Funds to be delivered to the Escrow Agent in an amount equal to the Purchase Price, minus the Deposit and any interest earned on the Deposit, and plus or minus any adjustments for prorations and expenses required under this Agreement. (d) Disbursement to the Seller. Immediately after the Closing, the Escrow Agent shall disburse to the Seller the funds that the Seller is entitled to receive hereunder. (e) Relocation Costs. In consideration of the mutual covenants set forth in this Agreement, the Purchaser shall be obligated to pay to the Seller up to One Hundred Thousand and No/100 Dollars ($100,000.00) ("Maximum Relocation Reimbursement"), on the terms and conditions set forth herein. Upon written request from the Seller, supported by such back up documentation as the Purchaser requires, the Purchaser shall pay to the Seller (or directly to vendors providing services) amounts equal to the actual fees, costs and expenses incurred by the Seller with respect to the relocation of persons, property, fixtures and equipment located at the Property; provided, however that the aggregate amount of such payments or reimbursements shall not exceed the Maximum Relocation Reimbursement. 5 45 of 252 Attachment No. 1 4. Due Diligence. (a) Due Diligence Period. During the Due' Diligence Period the Purchaser may determine in the Purchaser's sole and absolute discretion, whether to proceed with the purchase of the Property. During the Due Diligence Period, the Purchaser may terminate this Agreement for any reason or for no reason at all by delivering written notice of such termination to the Seller and Escrow. After expiration of the Due Diligence Period, the Purchaser's right to terminate this Agreement for any reason, or for no reason at all, shall expire and the Deposit shall become nonrefundable. If this Agreement is terminated during the Due Diligence Period, then: (i) all rights and liabilities of the Purchaser and the Seller with respect to this Agreement shall immediately terminate, except for rights and liabilities that specifically survive such termination; (ii) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser, less any fees and costs charged by the Escrow Agent; and (iii) Escrow Agent shall return to the Seller all funds or other things deposited in. Escrow by the Seller. (b) Due Diligence Deliveries. Not later than thirty (30) days after execution and delivery of this Agreement to the Escrow Agent, the Seller shall provide the Purchaser with true and correct copies of the Property Documents and all plans and specifications for the Property (including a set of current as -built plans and specifications, if any) if any, to the extent the same are in the Seller's possession, by any of the following methods provide physical copies or digital copies (e.g. a pdf, of or jpg file) by email or on a memory medium. (c) Access to the Property. During the Due Diligence Period, Purchaser and its representatives, consultants and attorneys shall have access to the Property upon not less than 24 hours notice to the Seller. Purchaser shall defend and shall indemnify the Seller and the Seller's agents and employees and the Property from and against, and shall hold the Seller, the Seller's agents and employees and the Property harmless from, any actions, losses, costs, damages, claims and/or liabilities, including but not limited to, mechanics' and materialmen's liens and attorney fees, proximately caused by the actions of Purchaser and/or its contractors or agents upon the Property. The Purchaser shall repair any damage caused to the Property by the Purchaser or its agents, employees or contractors. The Purchaser shall not permit any mechanic's, materialman's, contractor's, subcontractor's or other lien arising from any work done by the Purchaser or its agents pursuant to this Agreement to stand against the Property. If any such lien shall be filed against the Property, the Purchaser shall cause the same to be discharged or bonded by payment, deposit, bond or otherwise, within thirty (30) days after actual notice of such filing. The Purchaser's obligations under this Section 4(d) shall survive the termination or expiration of this Agreement. If Purchaser desires to do any invasive testing at the Property, the Purchaser may do so only after obtaining Seller's prior written consent to the same, which consent may be withheld or granted on conditions in Seller's reasonable discretion. The Purchaser shall promptly restore the Property to the condition the Property was in immediately prior to any such tests, at the Purchaser's sole cost and expense. The Purchaser shall provide the Seller with a complete set of plans, drawings and specifications ("Invasive Testing Plans") that define to the sole satisfaction of the Seller the invasive testing to be performed on the Property and the names of all environmental and other consultants, contractors and subcontractors who will be performing such invasive testing (collectively "Purchaser's Consultants"). The Purchaser shall deliver the names of the Purchaser's 6 46 of 252 Attachment No. 1 Consultants and the Invasive Testing Plans to the Seller concurrently with its request to the Seller that the Purchaser desires to perform invasive testing. • (d) Title. Purchaser's obligation to purchase the Property is contingent upon Purchaser's approval of all matters affecting title to or use of the Real Property (collectively, "Title Matters"). The intent of this Section 4(d) is to allow the parties to have certainty regarding the condition of title and the Title Matters which are acceptable to the Purchaser. The procedure set forth in this Section 4(d) shall not affect or otherwise limit the Purchaser's right to terminate this Agreement for any reason or no reason at all as set forth in Section 4, above. Seller shall use commercially reasonable efforts to cause the Title Company to deliver to Purchaser within five (5) Business Days of the Effective Date, a current preliminary title report for the Real Property and, to the extent possible, legible copies of all documents referred to therein ("Title Report"). Purchaser shall have fifteen (15) Business Days thereafter, to approve or object to any items disclosed by the Title Report. If Purchaser does not give written notice to Seller of Purchaser's approval or disapproval of any items disclosed by the Title Report within said time period, then Purchaser shall be deemed to have approved the items disclosed by the Title Report. If Purchaser gives written notice to Seller of Purchaser's disapproval of any items disclosed by the Title Report within said time period and Seller does not give written notice to Purchaser within five (5) Business Days thereafter of either: (i) Seller's elimination of or agreement to eliminate those disapproved matters prior to the close of Escrow; or (ii) Seller's agreement to provide at Seller's sole expense such title insurance endorsements relating thereto as are acceptable to Purchaser in Purchaser's sole discretion prior to the close of Escrow (each, a "Cure Notice"), then this Agreement shall terminate immediately, unless Purchaser affirmatively agrees in writing within five (5) Business Days thereafter that this Agreement will. remain in full force and effect and that the previously disapproved items disclosed by the Title Report are approved by Purchaser. If the Title Company issues a supplemental title report prior to the close of Escrow showing additional exceptions to title ("Title Supplement"), Purchaser shall have five (5) Business Days from the date of receipt of the Title Supplement and a copy of each document referred to in the Title Supplement in which to give Seller written notice of disapproval as to any additional exceptions; provided, however, Purchaser may not disapprove any exceptions that were contained in the original Title Report or are otherwise Permitted Exceptions. Purchaser's failure to deliver any such written notice of disapproval of the Title Supplement within such five (5) Business Day period shall be deemed to mean that Purchaser has approved all such additional exceptions. If Purchaser disapproves any additional exception shown in the Title Supplement, then Purchaser and Seller will have the same rights and obligations set forth above in this Section regarding Purchaser's original review and approval of the Title Report. Notwithstanding the foregoing, Seller shall cause all Title Matters which are mechanics' liens or deeds of trust to be eliminated as exceptions to title on the Title Policy at Seller's sole expense prior to the close of Escrow, and shall not record any documents against the Property from and after the Effective Date without Purchaser's prior written consent. 7 47 of 252 Attachment No. 1 5. Conditions Precedent for the Benefit of the Seller. The Seller's obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Seller of all of the conditions precedent ("Conditions Precedent for the Benefit of the Seller") set forth in this Section 5. Any of the Conditions Precedent for the Benefit of the Seller may be waived by the Seller unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is expressly waived by Seller by either: (i) email from the Seller to the Purchaser and Escrow Agent; or (ii) in a writing signed by the Seller and delivered to the Purchaser and Escrow Agent. If the Conditions Precedent for the Benefit of the Seller set forth in this Section 5 are not satisfied by the deadlines or expressly waived, the Seller (provided the Seller is not in default hereunder) may provide emailed or written notice of the Seller's conditional termination of this Agreement to the Purchaser and Escrow Agent. After receipt of such notice of conditional termination, the Purchaser shall have ten (10) Business Days to cure any non -satisfaction of a condition or other default specified in the notice of conditional termination. If such matter remains unsatisfied or the default remains uncured after the expiration of such ten (10) Business Day period, then this Agreement Instructions shall terminate at the close of business on such tenth (10th) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 5, then: (w) as set forth in the liquidated damages provision of Section 3(b), above, all rights and liabilities of the Purchaser and the Seller with respect to this Agreement shall immediately terminate except those which specifically survive such termination; (x) Escrow Agent shall deliver the Deposit and all interest thereon to the Seller; (y) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller; and (z) Escrow Agent shall return to the Purchaser all funds or other things deposited in Escrow by the Purchaser, less the Deposit and all interest thereon and all fees and costs charged by the Escrow Agent. Notwithstanding the preceding clause (w) of this Section 5, in the event of termination of this Agreement pursuant to this Section 5, the Seller and the Purchaser shall cooperate with one another, execute all documents reasonably necessary and take all reasonable steps as may be required by Escrow Agent in order to accomplish the purposes of this Section 5. The Conditions Precedent for the Benefit of the Seller are: (a) Purchaser making the Deposit into Escrow, as set forth in Section 3(a), above. (b) The delivery by the Purchaser into Escrow, at least one (1) Business Day prior to Closing of Immediately Available Funds equal to the Purchase Price (less the Deposit and plus or minus expenses and proration) as required by Section 3(c) above. (c) The delivery by the Purchaser into Escrow at least one (1) Business Day prior to Closing of all other documents and instruments required by this Agreement or reasonably required by Escrow to complete the Closing. (d) Purchaser not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Purchaser, and all of the Purchaser's representations and warranties under this Agreement being true and comet as of the Closing Date. 8 48 of 252 Attachment No. 1 (e) As of the Closing Date, the Purchaser has not made an assignment for the benefit of creditors, filed a bankruptcy petition, been adjudicated insolvent or bankrupt, petitioned a court for the appointment of any receiver of, or trustee for, the Purchaser, or commenced any proceeding relating to the Purchaser under any reorganization, arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction, whether now or later in effect. 6. Conditions Precedent for the Benefit of the Purchaser. The Purchaser's obligation to Close shall be conditioned upon the satisfaction or emailed or written waiver by the Purchaser of all of the conditions precedent ("Conditions Precedent for the Benefit of the Purchaser") set forth in this Section 6. Any of the Conditions Precedent for the Benefit of the Purchaser may be waived by the Purchaser unilaterally; and if so waived, such conditions shall be of no further effect hereunder. Any such waiver shall be effective only if the same is• expressly waived by email from the Purchaser to the Seller and Escrow Agent or in writing signed by the Purchaser and delivered to the Seller and Escrow Agent. If the Conditions Precedent for the Benefit of the Purchaser are not satisfied by the deadlines set forth in this Section 6 or expressly waived, the Purchaser (provided the Purchaser is not in default hereunder) may provide emailed or written notice of the Purchaser's conditional termination of this Agreement to the Seller and Escrow Agent. After receipt of such notice of conditional termination, the Seller shall have ten (10) Business Days to cure any non - satisfaction of a condition or other default specified in the notice of conditional termination. If such matter remains unsatisfied or the default remains uncured after the expiration of such ten (10) Business Day period, then this Agreement shall terminate at the close of business on such tenth (10th) Business Day. In the event of termination of this Agreement (and by operation of law the Escrow) pursuant to this Section 6, then: (w) the same shall be a default by the Seller; (x) Escrow Agent shall return to the Seller all funds or other things deposited in Escrow by the Seller; (y) Escrow Agent shall upon receipt of unilateral notice from the Purchaser, return to the Purchaser all. funds or other things deposited in Escrow by the Purchaser; and (z) all fees and costs charged by the Escrow Agent shall be paid by the Seller. Purchaser is not waiving any default by the Seller and nothing contained in this Section 6, including, without limitation, the immediately foregoing sentence shall be a waiver of any right of Purchaser to recover damages from the Seller for any default by Seller hereunder. Notwithstanding the foregoing clause (w) of this Section 6, in the event of termination of this Agreement pursuant to this Section 6, the Purchaser and the Seller shall cooperate with one another, execute all documents reasonably necessary and take all reasonable steps as may be required by Escrow Agent in order to accomplish the purposes of this Section 6. The Conditions Precedent for the Benefit of Purchaser are: (a) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of the Grant Deed, duly executed and acknowledged, conveying fee simple title to the Property to the Purchaser. (b) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of the Assignment, duly executed, conveying title to the Personal Property to the Purchaser. 9 49 of 252 Attachment No. 1 (c) The deposit by Seller into Escrow at least one (I) Business Day prior to Closing of a duly executed affidavit in the form prescribed by federal regulations that Seller is not a foreign person and is a "United States Person" as such term is defined in Section 7761(a)(30) of the Internal Revenue Code of 1986, as amended. (d) The deposit by Seller into Escrow at least one (1) Business Day prior to Closing of a duly executed California Form 593(c) or other evidence that withholding of any portion of the Purchase Price is not required by the Revenue and Taxation Code of California with respect to Seller. (e) The deposit by the Seller into Escrow at least one (1) Business Day prior to Closing of all additional documents and instruments as are reasonably required by the Escrow Agent to complete the Closing. (f) The Escrow Agent is prepared and obligated to issue the Title Policy in Purchaser's favor, upon the recordation of the Grant Deed and there are no exceptions to the Title Policy, except for the Permitted Exceptions. (g) As of. the Closing Date, there exists no lease, tenancy or occupancy agreement affecting the Property, except for the Property Documents. (h) Seller not being in default of any of its representations or warranties under this Agreement, or any other material terms or conditions related to Seller, and all of Seller's representations and warranties under this Agreement being true and correct as of the Closing Date. As of the Closing Date there is not pending, or threatened to be pending, any action or proceeding by any person or before any government authority, the outcome of which could prohibit the use of the Property as intended by the Purchaser. (j) The Escrow Agent is prepared and obligated to issue the Title Policy in Purchaser's favor, upon the recordation of the Grant Deed and there are no exceptions to the Title Policy, except for the Permitted Exceptions. (k) The Purchaser shall have obtained an appraisal of the Property and (i) such appraisal has been formally approved by the State of California Natural Resources Agency in writing; and (ii) the State of California Natural Resources Agency has disbursed all of the California River Parkways Grant Program funds to the Purchaser as described in State of California Natural Resources Agency Grant Agreement No. R86203-0. 7. Representations, Warranties and Covenants; Waivers and Releases. When making the representations and warranties set forth in this Section 7, each party making a representation and/or warranty represents that the same are true, correct and complete as of the date hereof and shall be and are true, correct and complete as of the Closing Date. The representations and warranties shall survive the Closing, l0 50 of 252 Attachment No. 1 (a) Representations and Warranties Regarding Authority. The Seller and the Purchaser each hereby represents and warrants to the other that this Agreement and all documents or instruments executed by them which are to be delivered at or prior to the Closing are, or on the Closing Date will be, duly authorized, executed and delivered by the Seller or the Purchaser, as applicable. (b) Representations and Warranties Regarding Enforceability of Agreement. The Seller and the Purchaser each hereby represents and warrants to the other that this Agreement and all documents required hereby to be executed by them shall be valid, legally binding obligations of, and enforceable against, the Seller or the Purchaser, as applicable, in accordance with their terms. (c) Representations and Warranties Pertaining to Legal Matters. The Seller hereby represents and warrants to the Purchaser that: (1) The Seller is the sole owner of the fee title interest to the Real Property. (2) To the current actual knowledge of Seller, there is no pending or threatened proceeding in eminent domain or otherwise, which would adversely affect the Property, or any portions thereof. (d) Seller Representations and Warranties Pertaining to Options. As of the Effective Date, Seller hereby represents and warrants to the Purchaser that no person has any option or right of first refusal to purchase Seller's interest in the Property or any parts thereof. (e) Seller Representation and Warranty Regarding Operation of the Property. The Seller hereby represents and warrants to the Purchaser that to the current actual knowledge of Seller, the Property Documents and the Permitted Exceptions constitute all of the oral and written agreements or understandings concerning the Property by which the Purchaser would be bound following the Closing. (f} Seller Representations and Warranties Regarding Discovery of New Information. The Seller hereby represents and warrants to the Purchaser that if the Seller discovers any information or facts prior to Closing that would materially change any of the foregoing representations and warranties or cause any of the foregoing representations and warranties to be untrue or misleading in any respect, the Seller will promptly give the Purchaser notice of those facts and information. (g) AS IS CONDITION. PURCIIASER HEREBY ACKNOWLEDGES, REPRESENTS, WARRANTS, COVENANTS AND AGREES THAT AS A MATERIAL INDUCEMENT TO SELLER. TO EXECUTE AND ACCEPT TIIIS AGREEMENT AND IN CONSIDERATION OF THE PERFORMANCE BY SELLER OF ITS DUTIES AND • OBLIGATIONS UNDER TIIIS AGREEMENT THAT, EXCEPT FOR SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT, TIE SALE OF THE PROPERTY HEREUNDER IS AND WILL BE MADE ON AN "AS IS, WHERE IS" BASIS, SELLER HAS NOT MADE, DOES NOT MAKE AND I1 51 of 252 Attachment No. 1 SPECIFICALLY NEGATES AND DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, PAST, PRESENT, FUTURE OR OTHERWISE, OF, AS TO, CONCERNING OR WITH RESPECT TO THE PROPERTY, INCLUDING BUT NOT LIMITED TO: (1) THE EXISTENCE OF HAZARDOUS MATERIALS OR MOLD UPON THE PROPERTY OR ANY PORTION THEREOF; (2) GEOLOGICAL CONDITIONS, INCLUDING, WITHOUT LIMITATION, SUBSIDENCE, SUBSURFACE CONDITIONS, WATER TABLE, UNDERGROUND WATER RESERVOIRS, LIMITATIONS REGARDING THE WITHDRAWAL OF WATER AND FAULTING; (3) WHETHER OR NOT AND TO THE EXTENT TO WHICII THE PROPERTY OR ANY PORTION THEREOF IS AFFECTED BY ANY STREAM (SURFACE OR UNDERGROUND), BODY OF WATER, FLOOD PRONE AREA, FLOOD PLAIN, FLOODWAY OR SPECIAL FLOOD HAZARD; (4) DRAINAGE; (5) SOIL CONDITIONS, INCLUDING THE EXISTENCE OF INSTABILITY, PAST SOIL REPAIRS, SOIL ADDITIONS OR CONDITIONS OF SOIL FILL, OR SUSCEPTIBILITY TO LANDSLIDES, OR THE SUFFICIENCY OF ANY UNDERSHORING; (6) USES OF ADJOINING PROPERTIES; (7) THE VALUE, COMPLIANCE WITII THE PLANS AND SPECIFICATIONS, SIZE, LOCATION, AGE, USE, DESIGN, QUALITY, DESCRIPTION, DURABILITY, STRUCTURAL INTEGRITY, OPERATION, TITLE TO, OR PHYSICAL OR FINANCIAL CONDITION OF THE PROPERTY OR ANY PORTION THEREOF, OR ANY RIGHTS OR CLAIMS ON OR AFFECTING OR PERTAINING TO THE PROPERTY OR ANY PART THEREOF, INCLUDING, WITHOUT LIMITATION, WHETHER OR NOT THE IMPROVEMENTS COMPLY WITH THE REQUIREMENTS OF TITLE III OF THE AMERICANS WITH DISABILITIES ACT OF 1990, 42 U.S.C. §§ 12181 12183,12186(B) - 12189 AND RELATED REGULATIONS; (8) THE PRESENCE OF HAZARDOUS MATERIALS IN OR ON, UNDER OR IN THE VICINITY OF THE PROPERTY; (9) THE SQUARE FOOTAGE OF THE PROPERTY OR TIIE IMPROVEMENTS THEREON; (10) IMPROVEMENTS AND INFRASTRUCTURE, INCLUDING, WITHOUT LIMITATION, THE CONDITION OF THE ROOF, FOUNDATION, FIXTURES, AND PERSONAL PROPERTY, IF ANY; (11) DEVELOPMENT RIGHTS AND EXTRACTIONS; (12) WATER OR WATER RIGHTS; (13) THE DEVELOPMENT POTENTIAL FOR THE PROPERTY; (14) THE ABILITY OF PURCHASER TO REZONE THE PROPERTY OR CHANGE THE USE OF THE PROPERTY; (15) TIIE ABILITY OF PURCHASER TO ACQUIRE ADJACENT PROPERTIES; (16) THE EXISTENCE AND POSSIBLE LOCATION OF ANY UNDERGROUND UTILITIES; (17) THE EXISTENCE AND POSSIBLE LOCATION OF ANY ENCROACHMENTS; (18) WHETHER THE IMPROVEMENTS ON THE PROPERTY WERE BUILT, IN WHOLE OR IN PART, IN COMPLIANCE WITH APPLICABLE BUILDING CODES; (19) THE STATUS OF ANY LIFE -SAFETY SYSTEMS IN THE IMPROVEMENTS ON THE PROPERTY; (20) THE CIARACTER OF THE NEIGHBORHOOD IN WHICH THE PROPERTY IS SITUATED; (21) THE CONDITION OR USE OF THE PROPERTY OR COMPLIANCE OF THE PROPERTY WITH ANY OR ALL PAST, PRESENT OR FUTURE FEDERAL, STATE OR LOCAL ORDINANCES, RULES, REGULATIONS OR LAWS, BUILDING, FIRE OR ZONING ORDINANCES, CODES OR OTHER SIMILAR LAWS; AND/OR (22) THE MERCHANTABILITY OF THE PROPERTY OR FITNESS OF TIIE PROPERTY FOR ANY PARTICULAR PURPOSE (PURCHASER AFFIRMING THAT PURCHASER HAS NOT RELIED ON SELLER'S SKILL OR JUDGMENT TO SELECT OR FURNISH THE PROPERTY FOR ANY PARTICULAR PURPOSE, AND THAT SELLER MAKES NO WARRANTY THAT 12 52 of 252 Attachment No. 1 THE PROPERTY IS FIT FOR ANY PARTICULAR PURPOSE). NOTWITHSTANDING THE FOREGOING OR ANYTHING TO TIIE CONTRARY SET FORTH IN THIS AGREEMENT, SELLER IS NOT RELEASED FROM ANY LIABILITY TO PURCHASER FOR FRAUD OR BREACH OF ANY EXPRESS COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THIS AGREEMENT. PURCHASER ACKNOWLEDGES THAT AS OF THE EXPIRATION OF THE DUE DILIGENCE PERIOD, PURCHASER SHALL HAVE COMPLETED ALL PHYSICAL AND FINANCIAL EXAMINATIONS RELATING TO THE ACQUISITION OF THE PROPERTY HEREUNDER (IT BEING ACKNOWLEDGED AND AGREED THAT PURCHASER SHALL BE DEEMED TO HAVE INSPECTED EACH APARTMENT UNIT WITHIN THE PROPERTY) AND WILL ACQUIRE TIIE SAME SOLELY ON THE BASIS OF SUCH EXAMINATIONS AND THE TITLE INSURANCE PROTECTION FOR THE PROPERTY AFFORDED BY THE TITLE POLICY, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, AND SUBJECT TO SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT ANY INFORMATION PROVIDED OR TO BE PROVIDED WITH RESPECT TO THE PROPERTY WAS OBTAINED FROM A VARIETY OF SOURCES AND THAT THE SELLER HAS NOT MADE ANY INDEPENDENT INVESTIGATION OR VERIFICATION OF SUCH INFORMATION AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION, EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, AND SUBJECT TO SELLER'S EXPRESS REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. SELLER SHALL NOT BE LIABLE FOR ANY NEGLIGENT MISREPRESENTATION OR FAILURE TO INVESTIGATE THE PROPERTY NOR SHALL SELLER BE BOUND IN ANY MANNER BY ANY VERBAL OR WRITTEN STATEMENTS, REPRESENTATIONS, APPRAISALS, ENVIRONMENTAL ASSESSMENT REPORTS, OR OTHER INFORMATION PERTAINING TO THE PROPERTY OR THE OPERATION THEREOF, FURNISHED BY SELLER, OR ANY REAL ESTATE BROKER, AGENT, REPRESENTATIVE, EMPLOYEE, SERVANT OR OTHER PERSON ACTING ON SELLER'S BEHALF EXCEPT FOR THE REPRESENTATIONS AND WARRANTIES SET FORTH IN SECTION 7 OF THIS AGREEMENT. IT IS ACKNOWLEDGED AND AGREED THAT THE PROPERTY IS SOLD BY SELLER AND PURCHASED BY PURCHASER SUBJECT TO THE FOREGOING. NOTWITHSTANDING TIIE FOREGOING OR ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT, SELLER IS NOT RELEASED FROM ANY LIABILITY TO PURCHASER FOR FRAUD OR BREACH OF ANY COVENANT, REPRESENTATION OR WARRANTY SET FORTH IN THIS AGREEMENT. PURCHASER HEREBY ACKNOWLEDGES AND AGREES THAT PURCHASER IS FULLY AWARE OF THE AGE OF THE PROPERTY, THAT OVER TIME VARIOUS EVENTS MAY HAVE OCCURRED ON TIIE PROPERTY WHICH EVENTS MAY BE TYPICAL AND/OR ATYPICAL OF EVENTS OCCURRING TO OTHER PROPERTIES OF SIMILAR AGE TO TIIE PROPERTY AND SIMILARLY LOCATED IN THE CITY OF SAN DIEGO AND/OR THE COUNTY OF SAN DIEGO, CALIFORNIA, AND THAT SUCH EVENTS MAY INCLUDE, WITHOUT LIMITATION, SLAB LEAKS, MOLD, FIRE, SHIFTING, AND VIOLATIONS OF LAWS, ORDINANCES, RULES, REGULATIONS, 13 53 of 252 Attachment No. 1 PERMITS, APPROVALS, LICENSES AND/OR ORDERS OF GOVERNMENTAL AGENCIES WITH JURISDICTION OVER THE PROPERTY. THE CLOSING OF THE PURCHASE OF THE PROPERTY BY PURCHASER HEREUNDER SHALL BE CONCLUSIVE EVIDENCE THAT: (A) PURCHASER HAS FULLY AND COMPLETELY INSPECTED (OR HAS CAUSED TO BE FULLY AND COMPLETELY INSPECTED) THE PROPERTY; AND (B) PURCHASER ACCEPTS THE PROPERTY AS BEING IN GOOD AND SATISFACTORY CONDITION AND SUITABLE FOR PURCHASER'S PURPOSES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, EXCEPT FOR RELIANCE ON THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT, PURCHASER SHALL PERFORM AND RELY SOLELY UPON ITS OWN INVESTIGATION CONCERNING ITS INTENDED USE OF THE PROPERTY, AND THE PROPERTY'S FITNESS THEREFOR. PURCHASER FURTHER ACKNOWLEDGES AND AGREES THAT SELLER'S COOPERATION WITH PURCHASER WHETHER BY PROVIDING DOCUMENTS RELATING TO THE PROPERTY OR PERMITTING INSPECTION OF THE PROPERTY, SHALL NOT BE CONSTRUED AS ANY WARRANTY OR REPRESENTATION, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE PROPERTY, OR WITH RESPECT TO THE ACCURACY, COMPLETENESS, OR RELEVANCE OF THE DOCUMENTS PROVIDED TO PURCHASER BY SELLER IN RELATION TO THE PROPERTY, PROVIDED THAT THE FOREGOING SHALL NOT BE A LIMITATION OR MODIFICATION OF THE REPRESENTATIONS AND WARRANTIES SET FORTH IN THIS AGREEMENT. s _-T" Seller's Initials 8. Condemnation of the Property. Purchaser's Initials (a) Condemnation. If between the Effective Date and the Closing Date, any condemnation or eminent domain proceedings are commenced that will result in the taking of any part of the Property, Purchaser may, at Purchaser's election, either: (1) Terminate this Agreement by giving written or emailed notice to the Seller and the Escrow Agent (in which event all remaining funds or other things deposited in Escrow by Purchaser, including without limitation, the Deposit, shall be returned to the Purchaser immediately from Escrow, and all fees and costs charged by the Escrow Agent shall be paid one- half (1/2) by the Seller and one-half (1/2) by the Purchaser); or (2) Proceed with the Closing and have Seller assign to Purchaser all of Seller's right, title and interest to any award made for the condemnation or eminent domain action. (b) Notice. If Seller obtains notice of the commencement of or the threatened commencement of eminent domain or condemnation proceedings with respect to the Property, Seller shall notify the Purchaser in writing. I4 54 of 252 Attachment No. 1 9. Broker's Commission, Seller and Purchaser each hereby represents and warrants to one another that neither of them has engaged the services of any real estate agent or broker. Seller and Purchaser each agree that, to the extent any real estate commission or brokerage and/or finder's fee shall be earned or claimed in connection with this Agreement or the Closing, the payment of such fee or commission, and the defense of any action in connection therewith, shall be the sole and exclusive obligation of the party who requested the services of the broker and/or finder. In the event that any claim, demand or cause of action or brokerage and/or finder's fee is asserted against the party to this Agreement who did not request such services, the party through whom the broker or finder is making the claim shall indemnify, defend (with an attorney of the indemnitee's choice) and hold harmless the other from and against any and all such claims, demands and causes of action and expenses related thereto, including (without limitation) attorneys' fees and costs. 10. Assignment. The Purchaser may assign this Agreement to an entity in which the Purchaser has a controlling or majority interest without the prior written consent of the Seller. Except as set forth in the immediately preceding sentence, no party shall assign any of its rights or delegate any of its duties under this Agreement without the prior written consent of the other party hereto. Any attempted assignment or delegation of this Agreement by the Purchaser or Seller in violation of this Section 10 shall be void. 11, Notices. All notices under this Agreement shall be in writing and sent (a) by certified or registered mail, return receipt requested, in which case notice shall be deemed delivered three (3) Business Days after deposit, postage prepaid in the United States Mail, (b) overnight by a nationally recognized overnight courier such as UPS Overnight, or FedEx, in which case notice shall be deemed delivered one (1) Business Day after deposit with that courier, (c) by personal delivery, in which case notice shall be deemed delivered upon the actual date of delivery, or (d) by email, in which case notice shall be deemed delivered upon the actual date of delivery. All notices shall be delivered to the following addresses (unless changed by written notice to the other persons given in accordance with this Section 11: To Purchaser: Copy to: City of National City 1243 National City Boulevard National City, California 91950 Attn: Brad Raulston Email: braulston®nationalcityca.gov Office of the City Attorney 1243 National City Boulevard National City, California 91950 Attn: Roberto M. Contreras Email: rcontreras@nationalcityca.gov Christensen & Spath LLP 550 West C Street, Suite 1660 San Diego, California 92101 Attn. Walter F. Spath, Esq. 15 55 of 252 Attachment No. 1 To Seller: Email: wfs@can.dslaw.net Sayheune Phomsavanh 140 W 18th St National City, CA 91950 Email: snswelding@sbcglobal.net 12. Prorations. Real property taxes and assessments, utility costs, service and maintenance contract payments for contracts that are being assumed by the Purchaser (which assumption shall be of all service and maintenance and similar type contracts with regard to the Property to the extent same are assignable), and other expenses of operating the Property (provided, however, no proration shall be made with regard to any capital improvements, as determined in accordance with generally accepted accounting principles) shall be prorated as of the close of Escrow. Sellers shall pay all real property taxes and assessments applicable to the period prior to the close of Escrow, and if any such taxes are unpaid after the close of Escrow, then Sellers shall pay them promptly and in any event within ten (10) days after Purchaser's request (which shall include a copy of the relevant tax bill). 13. General Provisions. (a) Governing Law. This Agreement shall be interpreted and construed in accordance with California law. (b) Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. (c) Captions. The captions in this Agreement are inserted for convenience of reference and in no way define, describe or limit the scope or intent of this Agreement or any of the provisions of. this Agreement. (d) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties and their respective legal representatives, successors, heirs and permitted assigns. (e) Modifications; Waiver. No waiver, modification, amendment, discharge or change of this Agreement shall be valid unless it is in writing and signed by the party against which the enforcement of the modification, waiver, amendment, discharge or change is sought. (f) Entire Agreement. This Agreement contains the entire agreement between the parties relating to Purch.aser's acquisition of the Property from Seller and all prior or contemporaneous agreements, understandings, representations or statements, oral or written, are superseded. (g) Partial Invalidity. Any provision of this Agreement which is unenforceable, invalid, or the inclusion of which would adversely affect the validity, legality, or enforcement of 16 56 of 252 Attachment No. 1 this Agreement shall have no effect, but all the remaining provisions of this Agreement shall remain in full effect. (h) Survival; No Merger. This Agreement, including without limitation, all representations, warranties, covenants, agreements, indemnities and other obligations of Seller and Purchaser in this Agreement, shall survive the Closing of this transaction and will not be merged into the Grant Deed or any other document. (i) No Third -Party Rights. Nothing in this Agreement, express or implied, is intended to confer upon any person, other than the parties to this Agreement and their respective successors and assigns, any rights or remedies. (j} Time Of Essence. Time is of the essence in this Agreement. (k) Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their reasonable expert witness fees, if any, as part of their costs of suit, and attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. All claims, disputes, causes of action or controversies shall be subject solely to the jurisdiction of the San Diego Superior Court, Downtown Branch, (1) Relationship. Nothing contained in this Agreement shall be deemed or construed by the parties or by any third person to create a relationship of principal and agent or partnership or a joint venture between Purchaser and Seller or between either or both of them and any third party. (m) Recording. This Agreement shall not be recorded. (n) Purchaser Approval. Where this Agreement refers to an action or approval of the Purchaser, it shall mean the approval of the Executive Director of the Purchaser, or designee, unless otherwise provided. (o) 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. (p) Independent Counsel. Seller and Purchaser each acknowledge that: (i) they have been given the opportunity to be represented by independent counsel in connection with this Agreement; (ii) they have executed this Agreement with the advice of such counsel, if such counsel was retained; and (iii) this Agreement is the result of negotiations between the parties hereto and the advice and assistance of their respective counsel, if such counsel was retained. The fact that this Agreement was prepared or negotiated by Purchaser's or Seller's counsel as a natter of convenience shall have no import or significance. Any uncertainty or ambiguity in this Agreement 17 57 of 252 Attachment No. 1 shall not be construed against either party due to the fact that Purchaser's or Seller's counsel prepared or negotiated this Agreement in its final form. (q) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, represent and warrant to the other party 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. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. SELLS ilep Sayheune P �msavanh [SIGNATURES CONTINUED ON FOLLOWING PAGE] I` 58 of 252 Attachment No. 1 PURCHASER: City of National City APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Rob -to M. Co eras Deputy City Attorney 19 59 of 252 Attachment No. 1 Exhibit A Legal Description of the Property All that certain real property situated in the City of National City, County of San Diego, State of California, described as follows: Lots 1 through 4, inclusive, in Block 46 of National City, according to Map thereof No. 348, filed in the Office of the County Record of San Diego County, an October 2, 1882, 20 60 of 252 Attachment No. 2 AMENDMENT TO PURCHASE AND SALE AGREEMENT (140 West 18th Street) THIS AMENDMENT TO PURCHASE AND SALE AGREEMENT ("Amendment") is dated as of the 17`h day of March, 2021, by and between Sayheune Phomsavanh, an individual ("Seller"), and the City of National City ("Purchaser"). RECITALS A. The Seller and Purchaser are all of the parties to that certain Purchase and Sale Agreement (140 West 18th Street), dated as of November 25, 2019 ("Agreement"). B. The Seller and Purchaser desire to amend the Agreement as set forth herein. All terms not defined in this Amendment shall have the meanings set forth in the Agreement. In the event of any conflict between the Agreement and this Amendment, the terms of this Amendment shall control. FOR GOOD AND VALUABLE CONSIDERATION, the receipt and adequacy of which are hereby acknowledged, the Seller and Purchaser hereby amend the Agreement, and agree, promise and declare as follows: 1. Restatement of Definition of Closing Date. The definition of "Closing Date" set forth in Section 2 of the Agreement is hereby amended and restated in its entirety to provide as follows: "Closing Date" means the close of Escrow as provided herein, which shall be one (1) Business Day after the latest of: (i) the date all of the Conditions Precedent for the Benefit of the Seller have been satisfied; and (ii) the date all of the Conditions Precedent for the Benefit of the Purchaser have been satisfied. The Closing shall occur on June 30, 2021. 2. Amendment of Section 3(e). Section 3(e) of the Agreement is hereby amended to add the following at the end of such Section 3(e): Requests for disbursements of relocation costs shall he made to: Jose Lopez, PE Deputy City Engineer City of National City Engineering & Public Works Department 1243 National City Blvd National City, CA 91950 Office: (619) 336-4380 Direct: (619) 336-4312 Fax: (619) 339-4397 E-mail: jlopez(calationalcityca_gov 1 61 of 252 Attachment No. 2 3. 1033 Exchange. The Purchaser has the power of eminent domain, the Purchaser's acquisition of the Property falls within the scope of that eminent domain power, and the Purchaser understands that the Seller is agreeing to sell the Property under threat of condemnation made concurrently with the parties' entering into the Agreement and in lieu of the Purchaser condemning the Property. Purchaser agrees to reasonably cooperate with the Seller in structuring and documenting the sale of the Property to effect a tax deferred exchange in accordance with the provisions of Section 1033 of the Internal Revenue Code and its corresponding regulations. Such cooperation shall be at no cost to the Purchaser. 4. Deposit of Grant Deed. Concurrently with the execution and delivery of this Amendment, the Seller execute, notarize and shall cause the "Grant Deed," as defined in the Agreement, to be delivered to the Escrow Agent. 5. General Provisions. (a) Severability. If any provision of this Amendment is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Amendment and the remaining provisions shall continue in full force and effect. (b) Recitals Incorporated. The Recitals to this Amendment are hereby incorporated into this Amendment by this reference. (c) Counterparts. This Amendment 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. (d) Conflicts. In the event of any conflict between the Agreement and this Amendment, this Amendment shall control. (e) Signature Authority. All individuals signing this Amendment 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, represent and warrant to the other party 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. SELLER: Sayheune ' msavanh [SIGNATURES CONTINUED ON FOLLOWING PAGE] 2 62 of 252 Attachment No. 2 PURCHASER: City of National City By: Brad Raulston, City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: 63 of 252 Attachment No. 2 CALIFORNIA ACKNOWLEDGMENT CIVIL CODE § 1189 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 Aprd (P %?6)-r before me, I.M. Cruz, Notary Public Date Here Insert Name and Title of the Officer personally appeared Sa. hlao,n e P.Nms(v on h Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN) whose name' ) is/axe subscribed to the within instrument and acknowledged to me that he/s14efthey-executed the same in his/her/their authorized capacity(ies), and that by his/hex/their signatures) on the instrument the person('S), or the entity upon behalf of which the person(s) acted, executed the instrument. I. M. CRUZ COMM. *2267692 z Notary Public • California C San Diego County Comm. Ez•' Nov. 19, 2022 Place Notary Se& and/or Stamp Above 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 OPTIONAL Signatur f Notary Public Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Doc ment Title or Type of DocuT enti Dre, rY)Mt- (Coll Q �lfVLOY t Document Date: 3111 it51\ Num er of Pages: 3 Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact ❑ Trustee 0 Guardian or Conservator ❑ Other: Signer is Representing: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Attorney in Fact ❑ Guardian or Conservator ❑ Individual ❑ Trustee ❑ Other: Signer is Representing: ©2019 National Notary Association 64 of 252 Attachment No.3 Recording Requested By: When Recorded Mail To And Mail Tax Statements To: City of National City 1243 National City Boulevard National City, California 91950 Attn: City Manager APN: 560-202-01-00 The Undersigned Grantor(s) Declare(s): DOCUMENTARY TRANSFER TAX $0.00; CITY TRANSFER TAX n/a computed on the consideration or full value of property conveyed. OR computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale, unincorporated area; [ X ] City of National City, and Exempt from transfer tax; Reason: Calif. Rev. & Tax. Code § 1 1922 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sayheune Phomsavanh, an individual ("Grantor") hereby grants to City of National City ("Grantee") All of that certain real property ("Burdened Property") in the City of National City, County of San Diego, State of California described as: Lots 1 through 4, inclusive, in Block 46 of National City, according to Map thereof No. 348, filed in the Office of the County Record of San Diego County, on October 2, 1882. The Grantor makes this conveyance subject to the following: The Burdened Property is being purchased in part or in whole with grant funds provided by the State of California under the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68). The Burdened Property currently consists of an 11,500 square foot industrially used lot. Grantee desires and intends that in order to provide public benefit and meet the terms of the funding, the Burdened Property shall be used for purposes consistent with funding. 1 65 of 252 Attachment No.3 The restrictions imposed on the Burdened Property shall run with the land and pass with each and every portion of the Burdened Property, and shall apply to and bind the respective successors in interest. Use of Burdened Property shall exclusively be for restoration to a more natural state (native habitat, floodplain, building removal) and passive recreation (walking and biking), so long as such management and maintenance complies with federal and state laws and regulations. If access for the public ever needs to change location, scope, or scale, owner will seek consent from the State of California, acting by and through the Natural Resources Agency or their successors in interest. The Burdened Property(including any portion of it or any interest in it) may not be sold or transferred without the written approval of the State of California Natural Resources Agency, or its successor, provided that such approval shall not be unreasonably withheld as the purposes for which the funding was awarded are expressly assumed by the purchaser as part of the purchase agreement and prior to the close of escrow. Responsibilities to maintain and operate the Burdened Property in accordance with these restrictions may be assigned only upon the written approval of the State, acting by and through the Natural Resources Agency or their successors in interest. Obligations for operation and maintenance of the Burdened Property may be excused only upon the written approval of the State acting by and through the Natural Resources Agency or their successors in interest, and only for good cause. Good cause includes, but is not limited to, natural disasters that destroy the Burdened Property improvements and render the project obsolete or impracticable to rebuild. Good cause shall not include more expedient or economically beneficial development. The Grantee shall not use or allow the use of any portion of the Burdened Property for mitigation without the written permission of the State acting by and through the Natural Resources Agency or their successors in interest. The Grantee shall not use or allow the use of any portion of the Burdened Property as security for any debt. GRANTOR: Sayheun omsa anh Dated as off (_, 2021 s_P 2 66 of 252 Attachment No.3 ACCEPTANCE This is to certify that the interest(s) in real property conveyed by this instrument to the City of National City, are hereby accepted by the undersigned officer on behalf of the City of National City, pursuant to authority conferred by resolution of the City of National City adopted on , 2021, and the grantee consents to recordation thereof by its duly authorized officer. City of National City By: Dated: , 2021 Brad Raulston, City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: 67 of 252 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 off San Diego ) On l (p �Z , 2021, before me, I Lk LZ , notary publiAf6 , personally appeared j hr un dhs(V an h who proved to me on the basis of satisfactory ev nce to be the personO whose names) is/afe subscribed to the within instrument and acknowledged to me that he/may executed the same in his/leer-/their authorized capacity(-ie s), and that by his/leer/than- signature() on the instrument the person(s), or the entity upon behalf of which the person(-&) 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. 0 z (Seal) I. M. CRUZ COMM. #2267692 z Notary Public • California San Diego County Comm. Expires Nov. 19, 2022 68 of 252 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 , 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. , 2021, before me, 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) J 69 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Housing Authority to enter into a Memorandum of Understanding with the County of San Diego for data sharing relating to the administration of COVID-19 emergency rental assistance programs. (Housing Authority) Please scroll down to view the backup material. 70 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Housing Authority to enter into a Memorandum of Understanding with the County of San Diego for data sharing relating to the administration of COVID-19 emergency rental assistance programs. PREPARED BY: Angelita Palma,, Housing Programs Manager PHONE: (619) 336-4219 DEPARTMENT: Housing Authority APPROVED BY: EXPLANATION: The City of National City (City) and County of San Diego (County) are operating two different emergency rental and utility assistance programs in their respective jurisdictions to assist eligible households who have been financially impacted by the COVID-19 pandemic (ERAP). The City and County desire to enter this MOU to allow data to be shared relating to applicants for the ERAP that applied in the same jurisdiction. The MOU will allow the City and County to prevent a duplication of benefits. It will ensure that federal, state, or local assistance will not be provided for the same costs. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable to this report. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This Agenda Item is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution and authorize the MOU with the County of San Diego. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. MOU 2. Resolution 71 of 252 I Attachment No. 1 Memorandum of Understanding Between The County of San Diego and the City of National City For Data Sharing Relating to the Administration of COVID-19 Emergency Rental Assistance Programs Parties This Memorandum of Understanding ("MOU") is made between the County of San Diego (the "County") and the City of National City ("CITY"). The parties to this MOU may be referred to herein collectively as the "parties" or individually as a "party". Recitals WHEREAS, in response to the ongoing COVID-19 pandemic, the federal Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA), signed into law on December 27, 2020, included $25 billion for emergency rental assistance program funds for state, local, and tribal governments throughout the United States. These funds included $2.6 billion for the State of California. WHEREAS, the parties are operating two different emergency rental and utility assistance programs in their respective jurisdictions to assist eligible households who have been financially impacted by the COVID-19 pandemic ("ERAP"). WHEREAS, the County is operating the County of San Diego COVID-19 ERAP to provide payment assistance for rent and utilities for residents of the County. WHEREAS, the CITY is operating the ERAP to provide assistance payments for rent and utilities for residents of CITY. WHEREAS, after opening each of the applications for the parties' ERAPs, jurisdiction criteria was advertised on the application, it was determined that some applicants were applying for assistance in the wrong jurisdiction. WHEREAS, the parties now desire to enter this MOU to allow them to share data relating to applicants for the ERAPs who applied in the same jurisdiction. THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises to set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The Recitals set forth above are incorporated herein by this reference. Page 1 of 6 72 of 252 Attachment No. 1 2. Administration of MOU: Each party identifies the following individual to serve as the authorized administrative representative for that party. Any party may change its administrative representative by notifying the other party in writing of such change. Any such change shall become effective upon the receipt of such notice by the other party to this MOU. Notice of the authorized representative shall be sent to each party as follows: County of San Diego The City of National City David Estrella Director Housing and Community Development Services Health and Human Services Agency 3989 Ruffin Road MS 0-231 San Diego, CA 92123 858-694-8750 [insert email address] Carlos Aguirre Director National City Housing Authority City of National City 1243 National City Boulevard National City, CA 91951 619-336-4391caguirre@nationalcityca.gov 3. Parties' Responsibilities: In an effort to properly provide payment assistance to all eligible applicants within the County, the parties agree as follows: 3.1. Data Sharing: 3.1.1. The parties agree to share personal information (defined below) of eligible applicants (defined below) who applied for assistance benefits from an ERAP in the same jurisdiction. 3.1.2. Personal information shall include the name, address, telephone number, and email address of the eligible applicant. 3.1.3. The parties agree that eligible applicants shall only include applicants who expressly agreed to the disclosure of their personal information through the ERAP application process with the given party. The party receiving an application for the ERAP will ensure that the applicant has signed the [identify name of form for release of info] form. 3.1.4. The party receiving an application for the ERAP will provide to the other party a separate [identify name of form for release of info] form signed by the applicant when requesting additional information not identified in this MOU. 3.2. Method: 3.2.1. At the end of each week or some other agreed upon frequency, each party will export a CSV or Excel file containing the personal information of eligible applicants who applied to the same jurisdiction. The parties will make a separate file for each jurisdiction containing only eligible applicants. 3.2.2. Files will be uploaded to a secured shared electronic box location. Each party will only be given access to the personal information of eligible applicants who are within their jurisdiction. 3.2.3. The shared file will be password protected. Each party will process the file under the immediate supervision and control of authorized personnel in a manner that will protect the confidentiality of the personal information, and in such a way that unauthorized persons cannot retrieve the data by means of Page 2 of 6 73 of 252 Attachment No. 1 computer, remote terminal, or other means. 3.2.4. Each party will store the personal information in an area that is physically safe from access by unauthorized persons during duty hours as well as non -duty hours or when not in use. 3.3. Use: 3.3.1. Personal information of an eligible applicant shall only be shared with the authorized employees and officials of the appropriate jurisdiction who require access to the personal information in order to perform their official duties in connection with the activities described in Section 3.3.3. Parties shall not share personal information of an eligible applicant except as expressly stated in this Section 3.. 3.3.2. Each party will advise all personnel who will have access to the personal information of the confidential nature of the information and the safeguards required protecting the information, including the consequences and/or penalties for inappropriate use and/or disclosure of such information. 3.3.3. The receiving party will only use the personal information in order to cross-reference and validate that an eligible applicant has not received assistance payments from the other party's ERAP. The personal information shall not be used in any other way by the receiving party. 3.3.4. The parties agree that any personal information shared under this MOU is confidential information and shall be treated as such. 3.3.5. Each party will notify the other party immediately, by electronic correspondence or telephone, upon discovery of unauthorized access or use of any personal information provided by the other party. The party suffering the breach will complete a Breach/Security Incident Report within 24 hours of discovery of a breach or security incident. 3.4. Nothing herein shall make the parties liable to one another for the validity of the information which is being shared. 4. Indemnity: 4.1. Claims Arising from the Sole Acts or Omissions of a Party: Each party to this MOU hereby agrees to defend and indemnify the other parties to this MOU, their agents, officers and employees, from any claim, action or proceeding against the other parties, arising solely out of its own acts or omissions in the performance of this MOU. At each party's sole discretion, each party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any party of any obligation imposed by this MOU. Parties shall notify each other promptly of any claim, action or proceeding and cooperate fully in the defense. 4.2. Claims Arising from Concurrent Acts or Omissions: The parties hereby agree to defend themselves from any claim, action or proceeding arising out of the concurrent acts or omissions of the parties. In such cases parties agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 4.3 below. 4.3. Joint Defense and Reimbursement and Reallocation: Notwithstanding paragraph 4.2 above in cases where parties agree in writing to a joint defense, parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of parties. Joint defense counsel shall be selected by mutual agreement Page 3 of 6 74 of 252 Attachment No. 1 of parties. Parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: 4.3.1. Parties further agree that neither party may bind the other to a settlement agreement without the written consent of both parties. Where a trial verdict or arbitration award allocates or determines the comparative fault of parties, parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 5. Insurance. 5.1. The parties shall maintain a program of self-insurance or obtain a single limit general liability insurance and automobile liability insurance in the minimum amount checked below. ►�1 General Liability S 1: 000,000.00 Workers Compensation 1,000,000.00 Autam.obile Liabii it.; $500,000.00 This coverage is in addition to workers compensation insurance and other insurance coverages required by law. The policies shall provide that coverage on all policies may not be canceled, amended, terminated, or otherwise modified without thirty (30) days advance written notice to the parties. Coverage shall remain in full force and effect during the entire term of the policy. 5.2. The parties shall also obtain Cyber Liability with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. 5.3. The parties shall name each other as certificate holders on all insurance policies and be named as additional insured on all general liability, automobile, and cyber liability policies. 5.4. All insurance required to be purchased and maintained shall be endorsed with a waiver of subrogation. Each party's insurers in their endorsements agree to waive all rights of subrogation against the other parties for losses paid by the party's insurers that arise out of or in connection with each party' s performance under this MOU. 6. Conformance With Rules And Regulations: Parties shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted. 7. Governing Law: This MOU shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. 8. Information Privacy and Security Provisions: Parties agree to follow all federal, state, and local laws related to privacy of protected information and security of data, and to keep applicant information confidential. 9. Third Party Beneficiaries Excluded: This MOU is intended solely for the benefit of the County and CITY. Any benefit to any third party is incidental and does not confer on any third party to this MOU any rights whatsoever regarding the performance of this MOU. Any attempt to enforce provisions of this MOU by third parties is specifically prohibited. 10. Amendments to MOU: Any party may propose amendments to this MOU by providing written notice Page 4 of 6 75 of 252 Attachment No. 1 of such amendments to the other parties. This MOU may only be amended by a written amendment signed by all parties. 11. Severability: If any terms or provisions of this MOU or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOU, or the application of such term and provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and every other term and provision of this MOU shall be valid and enforced to the maximum extent permitted by law. 12. Full Agreement: This MOU represents the full and entire agreement between the parties and supersedes any prior written or oral agreements that may have existed. 13. Scope of MOU: This MOU only applies to the program described herein and does not set forth any additional current or future obligations or agreements between the parties, except that the parties may by written amendment amend the scope of this MOU. 14. Term: This MOU shall become effective on the date all the parties have signed this MOU and shall continue through December 31, 2021, with one additional one-year option to extend upon agreement of the parties. 15. Termination For Convenience. Any party may, by written notice stating the extent and effective date, terminate this MOU for convenience in whole or in part, with a 30-day advance notice to the respective parties. 16. Counterparts: This MOU may be executed in any number of separate counterparts, each of which shall be deemed an original but all of which when taken together shall constitute one and the same instrument. Remainder of this page is intentionally left blank Page 5 of 6 76 of 252 Attachment No. 1 IN WITNESS WHEREOF, this MOU is entered into by the County and CITY by and through the signature of the parties' authorized representative(s), all as set forth below. COUNTY OF SAN DIEGO, CITY OF NATIONAL CITY a public agency a public agency By: By: Date: Date: APPROVED AS TO FORM: COUNTY COUNSEL, By: Name Title APPROVED AS TO FORM: CITY OF NATIONAL CITY, By: Jennifer K. Gilman Deputy City Attorney Page 6 of 6 77 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City Approving the Settlement and Release Agreement between Justin Perez and the City of National City. (City Attorney) Please scroll down to view the backup material. 78 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 5/4/2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the settlement and release agreement between Justin Perez and the City of National City. PREPARED BY: Charles E. Bell, Jr., City Attorney PHONE: 4222 EXPLANATION: DEPARTMENT: Charles E. Bell, Jr., APPROVED BY: City Attorney On or about July 19, 2019, Plaintiff Justin Perez filed suit against the City of National City alleging personal injury arising from a trip and fall accident on April 24, 2019. The suit is titled Justin Perez v. City of National City, San Diego Superior Court, Case No. 37-2019-00037384-CU-PO-CTL ("Litigation"). On April 7, 2021, Plaintiff Justin Perez signed a Settlement and Release Agreement, agreeing to resolve this litigation. April 20, 2021, City Council covened in Closed Session and voted unanimously to approve the Settlement and Release Agreement. FINANCIAL STATEMENT: ACCOUNT NO. Liability Cost Fund No. 627-405-081-032-0000 APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: The proposed action is not a project as defined by the California Environmental Quality Action's section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution approving the settlement and release agreement between Justin Perez and the City of National City and authorizing payment in the sum of $34,000.00. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: • Resolution 79 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement (PSA) No. NO10 Rev. 2 with the State of California Depai tuient of Transportation (Caltrans) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project to allow for reimbursement of up to $1,678,000 in eligible project expenditures through the Federal Active Transportation Program (ATP). (Engineering/Public Works) Please scroll down to view the backup material. 80 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 20211 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute Program Supplement Agreement (PSA) No. NO10 Rev. 2 with the State of California Department of Transportation (Caltrans) for the Citywide Safe Routes to School (SRTS) Pedestrian Enhancements Project to allow for reimbursement of up to $1,678,000 in eligible project expenditures through the Federal Active Transportation Program (ATP). PREPARED BY: Jose Lopez, D PHONE: 619-336-4312 EXPLANATION: See attached.1 DEPARTMENT: APPROVED BY: Engi1-/i/Public Works ri 1 FINANCIAL STATEMENT: ACCOUNT NO. ATP Grant $1,678,000 APPROVED: APPROVED: Revenue Account: 296-06166-3498 Expenditure Account: 296-409-500-598-6166 - $1,678,000 (Citywide Safe Routes to School Project) There is no local match requirement. MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity (c)(3), approved April 29, 2016, and revalidated May 29, 2018. ORDINANCE: INTRODUCTION: FINAL ADOPTION: ce STAFF RECOMMENDATION: lAdopt Resolution authorizing the Mayor to execute PSA No. NO10 Rev. 2 with Caltrans for the Citywide SRTS Pedestrian Enhancements Project to allow for reimbursement of up to $1,678,000 in ATP grant funds.) BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/ Exhibits 2. Program Supplement Agreement 3. Resolution 15i oT 252 Explanation On September 27, 2014, the California Department of Transportation (Caltrans) awarded a $350,000 Federal Active Transportation Program (ATP) grant for the National City SRTS Ped Enhancements Project (Project). On October 6, 2015, City Council adopted Resolution No. 2015-148 authorizing 1) the Mayor to execute Program Supplement Agreement Number NO10 with Caltrans to allow for reimbursement of up to $50,000 in eligible project expenditures, and 2) the appropriation of $50,000 for the project. The remaining $300,000 would be eligible for reimbursement once the State authorized the City to proceed. The State has allocated the remaining $300,000 ($225,000 for the Plans, Specifications, and Estimate (PS&E) phase, and $75,000 for the Right -of -Way (RAN) phase) for the Project. On June 15, 2018, Caltrans issued an Authorization to Proceed to the City for the PS&E and R/W phase, establishing the date for eligible reimbursement. There is no local match requirement. On March 19, 2018, Caltrans awarded a $1,678,000 Federal ATP grant for the construction phase of the Project. On July 17, 2018, City Council adopted Resolution No. 2018-125 authorizing 1) the acceptance of Federal ATP grant funds in the amount of $300,000, and 2) the establishment of a SRTS Fund Appropriation in the amount of $300,000 and a corresponding revenue budget for the National City SRTS Pedestrian Enhancements Project. On March 9, 2021, Caltrans issued an Authorization to Proceed to the City for the Construction phase, establishing the date for eligible reimbursement. Similar to the PS&E and R/W phase, there is no local match requirement for the construction phase. The improvements are based on barriers identified during a series of comprehensive Walk Audits as part of the City's SMART Foundation Plan. Pedestrian barriers identified during the walk audit include: lifted sidewalks, substandard pedestrian curb ramps, and a lack of crosswalks, pedestrian ramps, signage and signals. The project will address these barriers by providing the following enhancements: high visibility crosswalks, ADA accessible ramps with truncated domes, pedestrian crosswalk signs and sidewalk enhancements at key locations. Additional proposed improvements include the construction of a roundabout at the intersection of Newell Street and E. 20'h Street, with traffic calming features near Las Palmas Elementary School. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. N010 Rev. 2 to Administering Agency -State Master Agreement No. 11- 5066R is required to allow for reimbursement of eligible project expenditures through the Federal ATP grant. 82 of 252 61N31N3ONVI`IN3 NV1k1lS3O3d 1OOHOS Ol S31f101133V8 - ALIO 1VNOI1VN dO A.UO - %And IN3113AOHdINI LOOT SHEET LEGEND ® ISCPYENTAL Carina PUN PANIQ ANO 311.11441% REPAIR PLAN III 1 1®@ '2OY52 SON ND NNONS SY 91•LC OW LC51 S000N0N INpd N33N13e '9 303. CS OYN 1131SA5 30N100000 summon 3H1 Si A311D5 51HL UN S111111Y30 30 515Y0 30111*CO TllH02910H 1 L._._._.J L J •,0313M1100 31Y0 tt21-011 [f05) 1419-04 (119) 000015 0 1*1 '030011311 314Y0N100 Z30110 51N1 'Al1110111ny L31Y1111331A5 W 0 it a 8 E ':,3f11�3A�1•N�flIQNY:1„ S` rr+K,3dsu-r LIOL/C0/lO NO 03A3twns .1.Y11 'NOILYA311 1401014 303104 '133015 NLl1 11 3111,1300 13400030 11011035101NI 3111 NI sus 1N31Y0INIL moms NI 031Y001 'Mtn sou L30 0001*1Hd LL11 On0301Y15 N510 550A1 .1'0 01YONYIS Y M0YI110138 .00103.SNI 011-410 {154) 3Sn0N 0301 13Ln103LLSOn5 1#1Y 110S-99L (119) 53131 L3Hd015000) 54110000000010 00 •Qi1W11 31Y0 1911-H59 (OS9) OLYASne vain 3N0IPA1111 100111E *arm 110E-•404 NM) 0373081A11331'0110313 33000 31Y0 0340LOtlY AO OdWYS :130A3A1Jn5 SON0(311 NOLLOn1LLSN00 00 . 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REET MATCHLINE - NEWE4L glove SEEE ABovOVE RIGHT N310Y/5 ONIYl 5M10613N 3115Y3N90tl3 9]BIYA S1m 'wNONim 313111N133N5 0091-999 {0S9) 35nO31 0363 53911L0(1195905 LAZY SNOISh39 0009^99L (919) S3LY9 213N0DLS19110 SN09YOININN03 303 590-1.9 (956) 0W19n9 YONn '0N11H511 A SlYNOIS M IA MI Nk31W15 31Y0 6062-419 (B26) S311101.1 NON33N'OWL1313 3A099 31Y0 0 19094 Y AB A11n9-SY NYS 030A3AN115 SO)003a NOLLSN)llSN103 ---ANOH S1N4W1lod3O A19LL4 1ry3k100,430 9N1N331.115143 P39Nk11N9\e1•ape u 1&4111aaa\e9e IeeY4 •1 [MA 1 - aegN9ta9\nem.olo 3 wn 1.1s.11 one 4a n any 19omd1wael .NANa6 M>K rglNrva a>IwYMae o>u 84 of 252 PROGRAM SUPPLEMENT NO. N010 Rev. 2 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 11-5066R Adv Project ID Date: 1115000089 Location: Project Number: E.A. Number: Locode: March 17, 2021 11-SD-0-NATC ATPL-5066(025) 5066 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 05/02/07 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Within a two-mile radius of schools throughout the City of National City TYPE OF WORK: Crosswalks, ADA-compliant curb ramps, curb extensions, bulb -outs, RRFBs, and signage Estimated Cost $2,028.000,00 Federal Funds M3E2 $50,000.00 Z3E2 $1,678,000.00 Z302 $300,000.00 CITY OF NATIONAL CITY By Title Date Attest LENGTH: 0.0(MILES) Matching Funds LOCAL $0.00 OTHER $0.00 STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date 3/ 2--zeZL! $2.028,000.00 Program Supplement 11-5066R-N010-R2- ISTEA Page 1 of r 85 of 252 11-SD-0-NATC ATPL-5066(025) 1. SPECIAL COVENANTS OR REMARKS A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADM[N[STERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s), C. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. D. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. E. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal - assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal Program SappCement 11-5066R-N010-R2- ISTEA Page 2 of 8 86 of 252 11-S D-O-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. G. As a condition for receiving federal -aid highway funds for PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www,sam.gov. H. This PROJECT is programmed to receive Federal funding from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. The start of reimbursable expenditures is restricted to the later of either 1) the effective date of the component specific allocation or the effective date of the federal obligation of funds. Program Supplement 11-5066R-N01 O-R2- ISTEA Page 3 of 8 87 of 252 11-SD-O-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS I. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY also agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration and that STATE funds available for reimbursement will be limited to the amounts allocated by the California Transportation Cornmission andfor STATE. J. Upon ADMINISTERING AGENCY request, the CTC andfor STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a Federal Highway Administration - approved "Authorization to Proceed" notification, a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. K. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. L. The submittal of invoices for PROJECT costs shall be in accordance with the above - referenced publications and the following. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits, plans specifications & estimate, and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance, whichever occurs first, to make the final payment to the contractor and prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. M. All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the encumbrance of funds under this Agreement. Funding and reimbursement are available only upon the passage of the State Budget Act containing these Federal funds. N. This PROJECT is subject to the timely use of funds provisions enacted by the ATP Guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Program Supplement 11-5066R-N010-R2- ISTEA Page 4 of 8 88 of 252 11-SD-O-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. 0. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program Guidelines, as adopted or amended. P. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines, A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, andfor a computerized summary of PROJECT costs. D. Indirect Cost Allocation Planflndirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING Program Supplement 11-5066R-N010-R2- ISTEA Page 5 of 8 89 of 252 11-SD-0-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowabi]ity of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMCNISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three Program Supplement 11-5066R-N010-R2- ISTEA Page 6 of 8 90 of 252 11-SD-O-NATC ATPL-5066t025) SPECIAL COVENANTS OR REMARKS (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200, O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, 1, K, and L under Section 2 of this agreement. 3. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. 4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor) agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Program Supplement 11-5066R-N010-R2- ISTEA Page 7 of 8 91 of 252 11-SD-O-NATC ATPL-5066(025) SPECIAL COVENANTS OR REMARKS Pertinent Nondiscrimination Authorities: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); C. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); O. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131- 12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title Vl, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Program Supplement 11-5066R-N010-R2- ISTEA Page 8 of 8 92 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the development located at 130 E. 8th Street (TSC No. 2021-03). (Engineering/Public Works) Please scroll down to view the backup material. 93 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the development located at 130 E. 8th Street (TSC No. 2021-03). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engin APPROVED BY: Public Works FINANCIAL STATEMENT: ACCOUNT NO. 'N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the development located at 130 E. 8th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on April 14, 2021, the Traffic Safety Committee approved staffs recommendation to install a blue curb disabled persons parking space with sign in front of the development located at 130 E. 8th Street. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on April 14, 2021 (TSC No. 2021-03) 3. Resolution V4 or 2021 EXPLANATION The owner of the future 7-story mixed use (commercial and residential) development located at 130 E. 8th Street has requested the installation of a blue curb disabled persons parking space adjacent to E. 9th Street. The owner stated that the installation of the blue curb would provide access for people with disabilities to park in front and closer to the future townhomes. The future development will include commercial units on the side of E. 8th Street, townhomes on the side of E. 9th Street, and a parking structure. Staff performed a site evaluation. The posted speed limit is 25 mph. The slope of E. 9th Street in front of the development is approximately 2%. In addition to the blue curb and signage, the property owner is proposing to install an ADA access aisle and a pedestrian ramp for the use of this proposed disabled persons parking space. This item was presented to the Traffic Safety Committee via Zoom platform on April 14, 2021. Staff sent notices to area residents inviting them Zoom -in to call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staff's recommendation to install a blue curb disabled persons parking space with sign. It shall be noted that disabled parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plate or placard may park in handicap spaces. If approved by City Council, all work will be performed by the developer. 95 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-03) lir I I 1,41 W. ,,,,wkesum. OZ79.1... 71 t tart a '1,JOilrip t4::-.', , , - :1••• . a ' ,t7I( 1 21.r ' ...'e:.- - - 411111111111.11 ..,1 a".01'2 L ' r Fir3":011$1=P:''' 130 E. 8th Street - 7-story mixed use (commercial & residential) development i 11F :ILL R99 (CArr ) Proposed blue curb disabled persons parking space "•••••• ,INPINN•11 PININIIMMIN sWalt/MEMO •wpg. -E-vm E. 8th Street Existing driveway to be removed and replaced with sidewalk, curb & 41/ gutter =girp Mit 1 • II._ 1 96 of 252 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2021 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE DEVELOPMENT LOCATED AT 130 E. 8T" STREET PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: The owner of the future 7-story mixed use (commercial and residential) development located at 130 E. 8th Street, has requested the installation of a blue curb disabled persons parking space adjacent to E. 9th Street. The owner stated that the installation of the blue curb would provide access for people with disabilities to park in front and closer to the future townhomes, The future development will include commercial units on the side of E. St" Street, townhomes on the side of E. 9'h Street, and a parking structure. Staff performed a site evaluation. The posted speed limit is 25 mph. The slope of E. 9th Street in front of the development is approximately 2%. The property owner is proposing to install an ADA access aisle and a pedestrian ramp for the use of this proposed disabled persons parking space. It shall be noted that disabled parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plate or placard may park in handicap spaces. If approved, the work will be completed by the developer. STAFF RECOMMENDATION: Staff recommends to install blue curb disabled persons parking space with signage adjacent of the development located at 130 E. 8th Street. EXHIBITS: 1. Request Letter 2. Public Notice 3. Location Map 4. Exhibit 2021-03 97 of 252 SWS ENGINEERING, INC Civil Engineering Land Surveying Land Planning 1 Construction Staking April 24, 2020 Project No. 2019-3956 City of National City 1243 National City Blvd. National City, CA 91950 RE: 130 E 8T" STREET ON -STREET ADA PARKING STALL To whom it may concern: The redevelopment project on 130 E. 8th street is proposing an ADA parking stall as part of the on -street parallel parking along 9th street. This mixed -use project will include a parking structure which is designed with all required ADA parking stalls, per code. It is proposed to add an additional ADA parking stall at the corner of 9th street and B avenue in order to provide a shorter path of travel to the 9th street townhomes. An earlier discussion between the project architect at Miller Hull and the City determined that it would be appropriate to provide this additional ADA parking stall. The enclosed public improvement plans show the proposed ADA parking stall for review. Sincerely, Project Designer 98 of 252 April 7, 2021 Resident/Property Owner CALIFORNIA NATIONAL CITY �t�coxroxnrbo � Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-03 REQUEST TO INSTALL BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE DEVELOPMENT LOCATED AT 130 E. 8TH STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, April 14, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/i/98340045315?pwd=VFY4dVk1 ViNXZEIDK0xaY2c1 WTIXUTO9 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 983 4004 5315 Passcode: 354413 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2021-03. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-03 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering©nationalcityca.gov 99 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-03) 130 E. 8th Street - 7-story mixed use (commercial & residential) development PARKING ONLY • Proposed blue curb disabled persons parking space Existing driveway to be removed and replaced with sidewalk, curb & gutter 100 of 252 I 40.05 TC 39.55 FS 1l- 22. 4' 10 5 0 I 10 SCALE IN FEET GRAPHIC SCALE !VOTE: �- 25,0 (39.73 FS) BLUE PAINT COLOR TO BE NO. 15090 IN FEDERAL STANDARD 595A AS SPECIFIED BY SECTION 522(8)2. PARKING SIGN PER SAN DIEGO REGIONAL STANDARD DRAWING NUMBER M-28A & M-45 40.51 TC 40.01 FS 7 FS 25.4 1111 (40.21 FS) 130 E 8TH STREET ON -STREET ADA PARKING EXHIBIT SWS ENGINEERING. INC. CIVIL ENGIN&MING 1635 Lake San Marcos Drive, Suite 200 San Marcos, CA 92078 11: 760-744.0011 F: 760-744-0046 LAND PLANNING G SIIRVL'YING 31045 Temecula Parkway, Suite 201 Temecula, CA 92592 P: 951-296-3407 F: 951-587-9451 DATE: Mar 31, 21 10:59am by. earo1.stel FILE: Z: \Projects\2017\17— 057\PROD\17-057_base.dwg 101 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a Stop Control sign for the T-intersection of E. 31 st Street and "D" Avenue for eastbound traffic accessing "D" Avenue (TSC No. 2021-04). (Engineering/Public Works) Please scroll down to view the backup material. 102 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a Stop Control sign for the T-intersection of E. 31st Street and "D" Avenue for eastbound traffic accessing "D" Avenue (TSC No. 2021-04). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil N, DEPARTMENT: Engi PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. ublic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a Stop Control sign at the T-intersection of E. 31st Street and D Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on April 14, 2021, the Traffic Safety Committee approved staff's recommendation to install Stop Control signs at the T-intersection of E. 31 st Street and D Avenue. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on April 14, 2021 (TSC No. 2021-04) 3. Resolution 103 of 2521 EXPLANATION The Department of Public Works has requested the installation of a Stop control sign at the "T" intersection of "D" Avenue and E. 31st Street for eastbound traffic, in order to enhance safety at the intersection. Staff visited the site and confirmed the "T" intersection is delimitated by the area described above. Staff also confirmed that this intersection does not have signed or marked control. It should also be noted that the "T" intersection is located in a residential area where the streets are 2-lane local roadways with parking on both sides of the street and a posted speed limit of 25 mph. Staff recommends the installation of a Stop Control sign at the "T" intersection delimitated by the area described above since vehicles travelling on the minor streets must make a complete stop before attempting to enter onto the major streets that have the right of way. Staff also reviewed the traffic collision history for these intersections, which confirmed there were no "reported" traffic collisions within the past four years. See attachment traffic collision summary table. This item was presented to the Traffic Safety Committee via Zoom platform on April 14, , 2021. Staff sent notices to area residents inviting them Zoom -in to call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. After the discussion, the Traffic Safety Committee approved staff's recommendation for the intersection of "D" Avenue and E. 31st Street for eastbound traffic: 1. Install one Stop control sign on E. 31st Street on the west side of "D" Avenue; 2. Install 25 feet of red curb "No Parking" on E. 31st Street on the west side of "D" Avenue. This will result in the loss of one (1) on -street parallel parking space. Installation of red curb "No Parking" striping is used to prevent vehicles from obstructing visibility of the Stop signs and centerline striping for alignment and are typical traffic engineering safety measures for implementation of Stop sign control. If approved by City Council, all work will be performed by City Public Works. 104 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-04) 4119 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline • LEGEND Proposed Stop sign 105 of 252 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2021 ITEM TITLE: REQUEST TO INSTALL STOP CONTROL SIGN FOR THE "T" INTERSECTION OF "D" AVENUE & E. 318T STREET FOR EASTBOUND TRAFFIC ACCESSING "D" AVENUE. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: The Department of Public Works has requested the installation of a Stop control sign at the "T" intersection of "D" Avenue and E. 31st Street for eastbound traffic, in order to enhance safety at the intersection. Staff visited the site and confirmed the "T" intersection is delimitated by the area described above. Staff also confirmed that this intersection does not have signed or marked control. It should also be noted that the "T" intersection is located in a residential area where the streets are 2-lane local roadways with parking on both sides of the street and a posted speed limit of 25 mph. Staff recommends the installation of a Stop Control sign at the "T" intersection delimitated by the area described above since vehicles travelling on the minor streets must make a complete stop before attempting to enter onto the major streets that have the right of way. Staff also reviewed the traffic collision history for these intersections, which confirmed there were no "reported" traffic collisions within the past four years. See attachment traffic collision summary table. STAFF RECOMMENDATION: Staff recommends the following traffic safety enhancements for the intersection of "D" Avenue and E. 31st Street for eastbound traffic: 1. Install one Stop control sign on E. 31st Street on the west side of "D" Avenue; 2. Install 25 feet of red curb "No Parking" on E. 31st Street on the west side of "D" Avenue. This will result in the loss of one (1) on -street parallel parking space. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic Collision History 2021-04 106 of 252 "' • 7,, lip .111197 Carla, We have a uncontrolled intersection at 31ST St. & D Ave. and we want to install a STOP sign at it. On the weekends the Swap Meet traffic is out of control, and this becomes a dangerous area for vehicles and pedestrians. Can you please write this up and take it to th Traffic Safety Control meeting for review and approval. Thank you =tan April 7, 2021 Resident/Property Owner -,.. CALIFORNIA -� NATIONAL CITY rxcox�oxet�D Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-04 REQUEST TO INSTALL STOP CONTROL SIGN AT THE "T" INTERSECTION OF "D" AVENUE & E. 31sT STREET FOR EASTBOUND TRAFFIC ACCESSING "D" AVENUE. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference CaII scheduled for Wednesday, April 14, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/i/98340045315?pwd=VFY4dVk1 ViNXZEIDK0xaY2c1 WTIXUTO9 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 983 4004 5315 Passcode: 354413 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2021-04. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-04 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 108 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-04) 25' of proposed Red Curb "No Parking" & 50' of proposed double -yellow centerline ' Street itsig ii LEGEND STOPI 71001* jl ,'' 1 Proposed Stop sign 109 of 252 Request to install Stop Control sign on E. 31st Street on the west side of "D" Avenue (looking south) Request to install Stop Control sign on E. 31' Street on the west side of "D" Avenue (looking east) 110 of 252 Traffic Collision History (NCPD Records Division) There have been no reported traffic collisions on the intersection of D Avenue & E. 31' Street, within the past four years. 111 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 1615 "C" Avenue (TSC No. 2021-05). (Engineering/Public Works) Please scroll down to view the backup material. 112 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space with sign in front of the residence located at 1615 "C" Avenue (TSC No. 2021-05). PREPARED BY: Carla Hutchinson, Assistant Engineer - CiviIC A., DEPARTMENT: Engin g/Publi . Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. IN/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the residence located at 1615 "C" Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on April 14, 2021, the Traffic Safety Committee approved staff's recommendation to install a blue curb disabled persons parking space with sign in front of the residence located at 1615 "C" Avenue. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on April 14, 2021 (TSC No. 2021-05) 3. Resolution 413 of 2521 EXPLANATION The resident of 1615 "C" Avenue has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that it is difficult for her to find parking in front of her residence due to the high demand of parking in the area and that a disabled persons parking space in front of her residence would provide easier access to the house. Staff visited the site and observed that the resident's residence has no driveway and no garage. The slope on "C" Avenue was found to be negligible. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. This item was presented to the Traffic Safety Committee via Zoom platform on April 14, 2021. Staff sent notices to area residents inviting them Zoom -in to call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. The Traffic Safety Committee voted to approve staffs recommendation to install a blue curb disabled persons parking space with sign, since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met. The applicant was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. If approved by City Council, all work will be performed by City Public Works 114 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-05) PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at Southport Christian Center • PARKING ONLY R99 (CA) Proposed blue curb disabled persons parking space PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at 1729 "B" Avenue 4.tr Ilk act 47F PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at National City Middle School ,4 A if 115 of 252 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2021 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1615 "C" AVENUE PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: The resident of 1615 "C" Avenue, has requested a blue curb disabled persons parking space in front of her residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that it is difficult for her to find parking in front of her residence due to the high demand of parking in the area and that a disabled persons parking space in front of her residence would provide easier access to the house. Staff visited the site and observed that the resident's residence has no driveway and no garage. The slope on "C" Avenue was found to be negligible. The City Council has adopted a policy which is used to evaluate requests for disabled persons parking spaces. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. It shall be noted that disabled persons parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council Disabled Persons Parking Policy for "Special Hardship" cases are met, staff recommends the installation of a blue curb disabled persons parking space with signage in front of the residence at 1615 "C" Avenue. 116 of 252 EXHIBITS: 1. Public Request Form 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2021-05 117 of 252 REQUEST PQIR BLUE CURB DISABLED PERSONS PARKiNE. 0,941EIVED NAME OF DISABLED PERSON: x ' 23 • NAME OF REPRESENTATIVE FOR DISABLED PERSON (If different from a b y j • Nit 13N ti lam!' ADDRESS: EMAIL: PHONE NUMB tfitt Y� Plois answer the following questions. which will assist Engineering staff, itigi Try Stu ty Committee, and your City Council In determinhiglf you are qualified to have a Mule curb disabled parsons parking space placed in front of your. reside. -Please i,e. infonna d'tha,t ell blue curb parking spaces are considered publk parking. Theerefasre, any registered vehicle In tvgainimilarn Of a disabled parsons placard or license plate is legally allowed to park In the blue 'curb vane for up to n continuous hours. 2) Igo you pass a valid disabled - Issued by Vehides (DMV)? YES - NO If YES, please Include at copy of the placard, which Centaina V Vir rikirite4 ad rasa, placard number, and e. iratlon date. • 2J Doss your residence have a garage? • If YES, Is the garage large.enoughto parka vehicle (minimum of 20' at 12') a) Doss your residence have n driveway? If YES, a) Is the driveway large enough to pent a vehicle? (minimum of 0' 3. ,') . b) Is the driveway level? • c) Is the driveway sloped/inclined'f 4J Please write any a ditloraal comments here (optional). you - oott., -tat YES ONO YES YES NO, NO 118 of 252 CAL{FORNtA NATIONAL C 1�CO! pO f Ln J April 7, 2021 Resident/Property Owner Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-05 REQUEST TO INSTALL BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED AT 1615 "C" AVENUE. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, April 14, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/98340045315?pwd=VFY4dVk1 ViNXZEIDK0xaY2c1 WTIXUTO9 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 983 4004 5315 Passcode: 354413 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2021-05. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-05 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 119 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-05) 5 PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at Southport Christian Center (j‘. PARKING ONLY R99 (CA) r Proposed blue curb disabled persons parking space PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at 1729 "B" Avenue k -AZZIN:1 PARKING ONLY R99 (CA) Existing blue curb disabled persons parking space at National City Middle School 120 of 252 1615"C" Avenue 20' of blue curb Location of proposed blue curb disabled persons parking space in front of 1615 "C" Avenue (looking south) Location of proposed blue curb disabled persons parking space in front of 1615 "C" Avenue (looking east) 121 of 252 DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block. 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 122 of 252 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans," (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. 123 of 252 (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p 124 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the east side of Palm Avenue, adjacent to the driveway of the apartment complex located at 1629 Palm Avenue, in order to enhance safety and visibility for drivers exiting the apartment driveway (TSC No. 2021-06). (Engineering/Public Works) Please scroll down to view the backup material. 125 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" on the east side of Palm Avenue, adjacent to the driveway of the apartment complex located at 1629 Palm Avenue, in order to enhance safety and visibility for drivers exiting the apartment driveway (TSC No. 2021-06). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil .A . DEPARTMENT: Engin ;f •/Pub Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of red curb "No Parking" on the east side of Palm Avenue, adjacent to 1629 Palm Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on April 14, 2021, the Traffic Safety Committee approved staffs recommendation to install red curb "No Parking" on the east side of Palm Avenue, adjacent to 1629 Palm Avenue. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on April 14, 2021 (TSC No. 2021-06) 3. Resolution 126 of 252 EXPLANATION The property manager of "17 Palm Apartments" has requested the installation of red curb "No Parking" on the east side of Palm Avenue adjacent to the apartment driveway to enhance safety and visibility for drivers exiting the apartment driveway. The property manager stated that she has witnessed several accidents due to high speeds on Palm Avenue and visibility constraints when vehicles are parked on Palm Avenue too close to the apartment driveway. The property manager stated that adding red curb at the apartment driveway will enhance safety and visibility. Staff performed a site evaluation. The posted speed limit for Palm Avenue is 25 mph. Staff confirmed that the "17 Palm Apartments" has one driveway on Palm Avenue. Staff agrees that additional red curb is warranted to enhance safety and visibility at the driveway based on vehicles speeds along Palm Avenue. The property manager is aware that additional red curb will result in some loss of on -street parking. Staff also reviewed the traffic collision history for these intersections which confirmed there were two (2) "reported" traffic collisions within the past four years. See attached traffic collision summary table. This item was presented to the Traffic Safety Committee via Zoom platform on April 14, 2021. Staff sent notices to area residents inviting them Zoom -in to call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. Staff presented the results of the site evaluation and after discussion, the Traffic Safety Committee voted to approve staffs recommendation to install red curb "No Parking" on the east side of Palm Avenue, adjacent to the driveway of 1629 Palm Avenue, to improve visibility for vehicles exiting the apartment driveway onto Palm Avenue. This will result in the Toss of one (1) on -street parking space. If approved by City Council, all work will be performed by City Public Works. 127 of 252 Location Map with Recommended Enhancements (TSC Item: 2021-06) INM • .1ic 10' of proposed red curb "No Parking" -1 ! IIle ADP .. 1R! 4INIP AMP 17, • 11117 .4'41:=7"iniEtr-11-1741Pr. 1629 Palm Avenue - "17 Palm Apartments" (16 units) 1)$.. '11150 16' of proposed red curb "No Parking" E. 17TH Street . ,,. 1 128 of 252 ITEM TITLE: 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR APRIL 14, 2021 REQUEST TO INSTALL RED CURB "NO PARKING" ON THE EAST SIDE OF PALM AVENUE ADJACENT TO THE DRIVEWAY OF THE APARTMENT COMPLEX LOCATED AT 1629 PALM AVENUE IN ORDER TO ENHANCE SAFETY AND VISIBILITY FOR DRIVERS EXITING THE APARTMENT DRIVEWAY. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: The property manager of "17 Palm Apartments", has requested the installation of red curb "No Parking" on the east side of Palm Avenue adjacent to the apartment driveway to enhance safety and visibility for drivers exiting the apartment driveway. The property manager stated that she has witnessed several accidents due to high speeds on Palm Avenue and visibility constraints when vehicles are parked on Palm Avenue too close to the apartment driveway. The property manager stated that adding red curb at the apartment driveway will enhance safety and visibility. Staff performed a site evaluation. The posted speed limit for Palm Avenue is 25 mph. Staff confirmed that the "17 Palm Apartments" have one driveway on Palm Avenue. Staff agrees that additional red curb is warranted to enhance safety and visibility at the driveway based on vehicles speeds along Palm Avenue. The property manager is aware that additional red curb will result in some loss of on -street parking. STAFF RECOMMENDATION: Staff recommends installation of red curb "No Parking" on the east side of Palm Avenue adjacent to the "17 Palm Apartments" driveway to enhance safety and visibility for drivers exiting the apartment driveway. The amount of red curb is summarized below. 1. Install 16 feet of red curb "No Parking" to the south of the driveway; 2. Install 10 feet of red curb "No Parking" to the north of the driveway. ATTACHMENTS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic collision history 2021-06 129 of 252 CALIFORNIA NATIONAL Cirry t. INCORPORATED PUBLIC REQUEST FORM Contact Information Name: Address: 1629 Palm Avenue Phone: Email: Request Information Location: 1629 Palm Avenue Request: No visibility when exiting the driveway. Requesting red curb to improve visibility. Attachments:n Yesn No Description: internal Use Only: Request Received By: Received via: nCounter/In-PersonnTelephonenEmail Fax Referral: Assigned To: Notes: Date: 10/5/20 130 of 252 April 7, 2021 Resident/Property Owner CALIFORNIA «-4- NATIONAL Cillr Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-06 REQUEST TO INSTALL RED CURB "NO PARKING" ON THE EAST SIDE OF PALM AVENUE ADJACENT TO THE DRIVEWAY OF THE APARTMENT COMPLEX LOCATED AT 1629 PALM AVENUE IN ORDER TO ENHANCE SAFETY AND VISIBILITY FOR DRIVERS EXITING THE APARTMENT DRIVEWAY. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, April 14, 2021, at 1:00 P.M. via Zoom. Please use the following information to call -in to the meeting during the scheduled time: Join Zoom Meeting from computer https://zoom.us/j/98340045315?pwd=VFY4dVk1 ViNXZEIDK0xaY2c1 WTIXUTO9 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 983 4004 5315 Passcode: 354413 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2021-06. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-06 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 131 of 252 E. 17T" Street Location Map with Recommended Enhancements (TSC Item: 2021-06) "Rtorr ;)7 EVES • -.114au 'r • 10' of proposed red curb "No Parking" 17 wan ‘4,..eassara.notisarlawitraiL, .• • 1^2 CErl -1731 1629 Paim Avenue - "17 Palm Apartments" (16 units) 'r olF".--461411,11,"41*2""4.4,••• am* 16' of proposed red curb "No Parking" 132 of 252 1629 Palm Avenue 10' of proposed red curb "No Parking" 10 16' of proposed red curb "No Parking" Location of proposed red curb "No Parking" in front of 1629 Palm Avenue (looking east) 16' of proposed red curb "No Parking" 10' of proposed red curb "No Parking" Location of proposed red curb "No Parking" in front of 1629 Palm Avenue (looking south) 133 of 252 Traffic Collision History (NCPD Records Division) From March 1, 2017 — March 1, 2021, there were three (2) traffic collision on the intersection of Palm Avenue & E. 17th Street. VIOLATION DESCRIPTION ,:. NATIONAL CITY 1802509 5/20/2018 18:35 VC 21802A RIGHT-OF-WAY:FROM STOP INTERSECTION (I) E17TH STREET & PALM AVENUE, NC, 91950 Y 1 0 N N INFRACTION NATIONAL CITY 1901205 3/2/2019 0:14 VC 23152A DUI ALCOHOL (M) PALM AVENUE & E 17TH STREET, NC, 91950 N 0 0 N N MISDEMEANOR 134 of 252 The following page(s) contain the backup material for Agenda Item: Warrant Register #38 for the period of 3/17/21 through 3/23/21 in the amount of $1,260,307.62. (Finance) Please scroll down to view the backup material. 135 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #38 for the period of 3/17/21 through 3/23/21 in the amount of $1,260,307.62. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance �te� PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 3/17/21 - 3/23/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation No Warrants Over $50,000 Processed During this Period FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,260,307.62. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,260,307.62. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 38 136 of 252 .4, 1 / CALIFORNIA PAYEE AMAZON SDG&E AEP CALIFORNIA LLC ALDEN DIMENSIONAL MEDIA, INC AT&T AT&T CABATU, E CALIFORNIA ELECTRIC SUPPLY CALIXTO, R CALRECYCLE CHRISTENSEN & SPATH LLP CITY NATIONAL BANK COUNTY OF SAN DIEGO COX COMMUNICATIONS DANIELS TIRE SERVICE DELGADO, E D-MAX ENGINEERING INC D-MAX ENGINEERING INC ENTERPRISE FLEET MANAGEMENT EXIT CERTIFIED CORP FACTORY MOTOR PARTS FERGUSON ENTERPRISES 1350 FIRE ETC FITNESS DIRECT GEOSYNTEC CONSULTANTS INC GIL, S GRAINGER L N CURTIS & SONS MAZZARELLA & MAZZARELLA LLP NATIONAL EMBLEM INC NERI LANDSCAPE ARCHITECTURE NV5 INC NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PERRY FORD -NATIONAL CITY LLC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RAMIREZ, 0 RANDALL LAMB ASSOCIATES INC RIVERSIDE SHERIFFS DEPT SAN DIEGO MIRAMAR COLLEGE SDG&E SILVER & WRIGHT LLP SMART & FINAL NATIONA. env. I a e741 INC OAP OR AT ER WARRANT REGISTER # 38 3/23/2021 DESCRIPTION WIRELESS TELEPHONE HEADSEAT FOR SECTION 8 GAS AND ELECTRIC UTILITIES FOR STREETS PARTS AND EQUIPMENT - PD VEHICLE POUCHES FOR NARCAN AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 5 DAYS OF POST SUBSISTANCE / PD MOP 45698 ELECTRIC SUPPLIES - PW TRAINING SUP CALIXTO CALREYCLE PAYMT PROGM UNSPT FUNDS FY18-19 CHRISTENSEN & SPATH LEGAL SERVICES LEASE PMNT #44 W/ OPTION TO PURCHASE #10 NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FOR FY21 TIRES FOR CITY FLEET FOR FY 2021 CDBG SUPRE TEEN SUPPLIES TO CONTINUE PRO CIP 19-35 NC PARADISE CREEK AT KIMBALL CIP 18-11 NC PC WATER QUALITY & COMMUNITY ENTERPRISE FLEET LEASE - ENG/PW VMWARE HORIZON 8 DEPLOY AND MANAGEMENT MOP 82766 AUTO SUPPLIES - PW EQM - GASKET SUPPLY CITY VEHICLE FIREFIGHTER LEATHER STATION BOOTS/ FIRE TRUE PS 100 TREADMILL / FIRE CNC DUCK POND GW MONITORING - ENG/PW TRAINING POST ADV SUB VARIOUS SAFETY SUPPLIES WILDLAND GLOVES / FIRE PROFESSIONAL SERVICES / CAO PAYMENT TO VENDOR KIMBALL PARK CONCEPT MASTER PLAN UPDATE PROFESSIONAL SERVICES - SEWER TAX - ENG/PW T&A90347 1819 E. 9TH ST. MOP PURCHASE 83778 / FIRE ADMIN OFFICE MOP 75877 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW ELEMENT CYLINDER IGNITION - EQM MOP 45707 GENERAL SUPPLIES - PW TEMPORARY PLACEMENT, SOA / FIRE MOP 45742 LAUNDRY SERVICES - PW TRAINING ADV SUBSIS SLI 4 CAMACHO REC CENTER HVAC REPLACEMENT- ENG TRAINING ADV SUB SUPR CALIXTO / PD TRAINING TUITION ROT DAVIS / PD GAS AND ELECTRIC UTILITIES FOR STREETS PROFESSIONAL SERVICES / CAO SUPREME TEEN CDBS - CASA DE SALUD CHK NO 351805 351806 351807 351808 351809 351810 351811 351812 351813 351814 351815 351816 351817 351818 351819 351820 351821 351822 351823 351824 351825 351826 351827 351828 351829 351830 351831 351832 351833 351834 351835 351836 351837 351838 351839 351840 351841 351842 351843 351844 351845 351846 351847 351848 351849 351850 351851 DATE 3/22/21 3/22/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 3/23/21 AMOUNT 1,418.33 884.94 4,955.74 1,737.00 1,934.58 81.18 640.00 71.05 1,280.00 90.77 4,050.00 43,101.10 9,547.50 796.34 7,914.04 1,636.30 10,959.11 4,391.59 15,603.85 212.00 25.71 930.25 6,888.23 2,903.86 2,430.25 945.00 6,153.08 773.53 676.65 15.10 4,040.00 14,363.85 2,026.00 195.70 49.01 252.65 624.26 2,645.05 4,335.00 237.88 422.70 7,307.50 93.00 23.00 15,388.12 5,751.10 182.79 1/2 137 of 252 1 / CALIFORNIA PAYEE SNAP -ON INDUSTRIAL SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWAGIT PRODUCTION LLC THE COUNSELING TEAM THE LINE PRINTING COMPANY INC U S BANK UNDERGROUND SERVICE ALERT VERIZON WIRELESS WILLY'S ELECTRONIC SUPPLY WSP USA INC WSP USA INC PAYROLL Pay period Start Date 6 2/23/2021 NATIONA. env. I a e741 INC OAP OR AT ER WARRANT REGISTER # 38 3/23/2021 DESCRIPTION PULLEY KIT - EQM MOP 45758 GENERAL AUTO SUPPLIES - PW MOP STAPLES OFFICE SUPPLIES/HED ASPHALT, TACK 3/8 SHEET FOR FY 2021 SWAGIT WEBCASTING FOR FY21 TRAINING TUITION PEER SUPT STATE OF THE CITY SUPPLIES CREDIT CARD EXPENSES / PD UNDERGROUND SERVICE ALERT FY 2021 VERIZON CELLULAR SERVICES FOR FY21 WILLY'S ELECTRONICS MOP FY21 FOCUSED GENERAL PLAN UPDATE WSP USA NTP FOR THE NATIONAL CITY End Date 3/8/2021 Check Date 3/17/2021 GRAND TOTAL CHK NO DATE AMOUNT 351852 3/23/21 350.85 351853 3/23/21 23.87 351854 3/23/21 1,239.76 351855 3/23/21 812.44 351856 3/23/21 1,920.83 351857 3/23/21 299.00 351858 3/23/21 6,455.95 351859 3/23/21 130.82 351860 3/23/21 551.53 351861 3/23/21 155.11 351862 3/23/21 436.79 351863 3/23/21 17,216.43 351864 3/23/21 2,067.89 A/P Total 222,645.96 1,037,661.66 $ 1,260,307.62 2/2 138 of 252 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. 4,7 PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF MAY, 2021. AYES NAYS ABSENT 139 of 252 The following page(s) contain the backup material for Agenda Item: Warrant Register #39 for the period of 3/24/21 through 3/30/21 in the amount of $790,256.83. (Finance) Please scroll down to view the backup material. 140 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #39 for the period of 3/24/21 through 3/30/21 in the amount of $790,256.83. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: R Per Government Section Code 37208, below are the payments issued for period 3/24/21 - 3/30/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Chen Ryan Associate 351881 155,492.45 CIP 19-20 Sweetwater Road End/PW Kimley Horn 351913 53,352.38 8th & Roosevelt ATP — Eng/PW SD Habitat for the Humanity 351942 234,637.26 Home Agreement — SD Habitat SDG&E 351944 57,095.44 Gas & Electric Utilities FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $790,256.83. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Ratify warrants totaling $790,256.83. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 39 141 of 252 .4, 1 / CALIFORNIA PAYEE ACE UNIFORMS & ACCESSORIES INC ALDEMCO ALL FRESH PRODUCTS ALLSTAR FIRE EQUIPMENT INC AMAZON AMERICAN LIBRARY ASSOCIATION AT&T AT&T ATLAS TECHNICAL CONSULTANTS, BAKER & TAYLOR BALLARDO, D BAUER COMPRESSORS BRINK'S INCORPORATED CALIFA GROUP CDWG CDWG CHEN RYAN ASSOCIATES INC CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC CORELOGIC SOLUTIONS LLC COX COMMUNICATIONS CSA SAN DIEGO COUNTY D'ALESIO INC. DALEY & HEFT LLP DALEY & HEFT LLP DE LAGE LANDEN DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP DEAN GAZZO ROISTACHER LLP D-MAX ENGINEERING INC EAGLE PAVING COMPANY INC ESRI INC EXPERIAN EXPRESS PIPE AND SUPPLY FACTORY MOTOR PARTS FATPIPE INC FEDEX FIRE ETC GARCIA, A GRAINGER HD SUPPLY CONSTRUCTION HOME DEPOT CREDIT SERVICES IRON MOUNTAIN NATIONAL env. I a e741 INC OAP OR AT ER WARRANT REGISTER # 39 3/30/2021 DESCRIPTION UNIFORM / PD FOOD NUTRITION COVID 19 CONSUMABLES LION HD395142 BLACK PARTICULATE BIB / FIRE OFFICE SUPPLIES ALA MEMBERSHIP - CITY LIBRARIAN AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 P1 SEWER UPSIZE PROJECT - ENG/PW BOOKS FOR FY21 REIMB BALLARDO PAINT CHK NO 351865 351866 351867 351868 351869 351870 351871 351872 351873 351874 351875 REP01- REPAIR ON THEMAL IMAGING CAMERA / FIRE 351876 ARMORED CAR SVCS 3/1/21 - 3/31/21 CALIFA BROADBAND FOR FY21 SAMSUNG 65" LED TVF 4K HG65NJ670UF OUT OF STATE TAXES CIP 19-20 SWEETWATER ROAD - ENG/PW PROFESSIONAL SERVICES MOP 80331 AUTO SUPPLIES - PW CHEMICALS - CHLORINE, ACID TABLETS. ANNUAL RENEWAL 1/1/21 -12/31/21 COX DATA VIDEO SERVICES FOR FY21 CDBG AGREEMENT WITH CSA SAN DIEGO MAG PANELS REMOVABLE PRINTED / FIRE LIABILITY CLAIM COST LIABILITY CLAIM COST LEASE 20 SHARP COPIERS FOR FY21 LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST T&A 90222 - 2238 E 6TH ST SENIOR APT CIP 19-12 SWEETWATER RD SAFETY ENHANCE 10 ARCGISONLINE VIEWER LICENSES CREDIT CHECKS / PD CITYWIDE PLUMBING PARTS, MATERIALS TOOL MOP 82766 AUTO SUPPIES - PW FATPIPE GOLD PLUS SERVICE POLICE RECRUIT TESTING MATERIALS NIGHSTICK INTRANT LIGHT / FIRE TUITION REIMBURSEMENT / PD BUILDING SUPPLIES AND EQUIPMENT FY 21 HIP WADER W STEEL TOE BOOT - JEFF / PW HUSKY AL LOW PROFILE TRUCK BOX RECORD MANAGEMENT AND STORAGE FOR FY21 351877 351878 351879 351880 351881 351882 351883 351884 351885 351886 351887 351888 351889 351890 351891 351892 351893 351894 351895 351896 351897 351898 351899 351900 351901 351902 351903 351904 351905 351906 351907 351908 351909 351910 351911 DATE 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 AMOUNT 1,693.61 2,984.25 1,253.86 2,176.85 131.32 148.00 10,727.27 694.56 1,788.00 17.08 58.14 795.00 302.00 3,533.70 4,603.98 401.45 155,492.45 6,730.00 705.62 1,102.36 7,899.96 2,076.45 5,868.60 505.41 7,590.00 2,280.00 2,939.63 7,509.00 4,268.50 3,900.00 1,220.00 736.00 480.00 4,859.01 11,400.03 1,000.00 27.48 10.48 130.63 4,320.00 20.50 2,010.80 1,358.64 970.00 98.16 580.01 1,558.46 1/3 142 of 252 .4, 1 / CALIFORNIA PAYEE JANI-KING OF CALIFORNIA INC KIMLEY HORN KIRE BUILDERS INC KTUA LASER SAVER INC LINEGEAR FIRE & RESCUE MAAC PROJECT MAN K9 INC MCI AUTO REPAIR MINUTEMAN PRESS MUNICIPAL CODE CORPORATION MYERS & SONS HI -WAY SAFETY INC NATIONAL CITY CHAMBER NATIONAL CITY ELECTRIC NATIONAL CITY TROPHY NEU, A NV5 INC OFFICE SOLUTIONS BUSINESS PACIFIC STATES PETROLEUM INC PALOMAR HEALTH PARTS AUTHORITY METRO LLC POLICE EXECUTIVE RESEARCH POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROFORCE LAW ENFORCEMENT PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY S D COUNTY SHERIFF'S DEPT SAN DIEGO GAS & ELECTRIC SAN DIEGO HABITAT FOR HUMANITY SAN YSIDRO HEALTH SDG&E SEAPORT MEAT COMPANY SHRED -IT SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYMBOLARTS, LLC SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE BUMPER GUY INC THE STAR NEWS TODD PIPE & SUPPLY LLC NATIONAL env. I a e741 INC OAP OR AT ER WARRANT REGISTER # 39 3/30/2021 DESCRIPTION FEB JANITORIAL BILING FOR 1200 NCB - ENG 8TH & ROOSEVELT ATP - ENG/PW REFUND OF CONSTRUCTION & DEMO DEPOSIT CLEAN MOBILITY TUNES CAPITAL PROJECT MOP 04840 TONER PD FS-REG, NEW GENERATION FIRE SHELTER CARES ACT CDBG-CV AGREEMENT WITH MAAC MONTHLY MANDATORY TRAINING CONDENSOR REPAIR - PD VEHICLE CAFR COVERS/FINANCE/MOP 74691 MUNICIPAL CODE SUPPLEMENT 55 SAFETY APPAREL - PW STREETS 2021 MEMBERSHIP DUES CHAMBER OF COMMERCE CITYWIDE ON -SITE ELECTRICAL MOP #66556/EMPLOYEE OF THE QUARTER PLAQUE MILEAGE REIMBURSEMENT - TO SDCOL 12.2.20 T&A 90446 - ENG/PW OFFICE FURNITURE NUTRITION HYDRAULIC & ENGINE OIL / PW SART EXAMS / PD MOP 75943 AUTO SUPPLIES - PW PERF BAVENCOFF 2021 MOP 67839 GENERAL SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW TEMPORARY OFFICE ASSISTANT TASERS / PD CIP 19-43 P-1 SEWER UPSIZING - ENG/PW MOP 45742 LAUNDRY SERVICES - PW JAN-JUN CAL ID SAN DIEGO GAS & ELECTRIC UTILITIES HOME AGREEMENT - SD HABITAT FOR HUMANITY CARES ACT CDBG-CV AGREEMENT WITH SAN GAS AND ELECTRIC UTILITIES FOOD NUTRITION FEBRUARY-2021 SHREDDING FOR SECTION 8 MOP 69277 LANDSCAPE SUPPLIES - PW MOP #63845 - LETTERHEAD IMPRINT NAT CITY CARES ACT CDBG-CV AGREEMENT WITH SOUTH MOP 45758 GENERAL AUTO SUPPLIES - PW MOP 20468 SUPPLIES PD WATER BILL FOR PARKS DIVISION FY 2021 BADGE / PD FOOD NUTRITION MOP 76666 TRAFFIC SUPPLIES - PW PARTS -BUMPERS, LAMPS, FENDER, FRONT THE STAR NEWS AD #00103938 PUBLIC NOTICE CITYWIDE PLUMBING MATERIALS, PARTS, CHK NO 351912 351913 351914 351915 351916 351917 351918 351919 351920 351921 351922 351923 351924 351925 351926 351927 351928 351929 351930 351931 351932 351933 351934 351935 351936 351937 351938 351939 351940 351941 351942 351943 351944 351945 351946 351947 351948 351949 351950 351951 351952 351953 351954 351955 351956 351957 351958 DATE 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 3/30/21 AMOUNT 24,232.24 53, 352.38 1,726.90 8,913.50 780.34 1,960.84 10,211.49 1,120.00 1,882.21 271.39 31.55 561.48 150.00 285.00 412.60 11.22 280.00 5,710.80 1,960.09 2,500.00 347.96 200.00 167.91 2,468.56 5,494.00 31,986.37 20,310.13 1,069.24 7,475.00 641.55 234,637.26 14, 309.39 57,095.44 676.48 103.24 583.58 246.95 10,033.00 342.23 381.08 520.13 304.07 3,190.16 495.19 2,076.62 207.56 704.48 2/3 143 of 252 CALIFORNIA PAYEE TRANS-LANG UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VISTA PAINT WAXIE SANITARY SUPPLY WESTFLEX INDUSTRIAL WETMORES NATIONAL enivp INCORPORATED WARRANT REGISTER # 39 3/30/2021 DESCRIPTION TRANSLATION SERVICES - CITY COUNCIL MEET STREET SWEEPER REPAIRS AND MAINTENANCE MOP 46453 BUILDING SUPPLIES - PW MOP 68834 GENERAL SUPPLIES - PW MISCELLANEOUS JANITORIAL SUPPLIES MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW GRAND TOTAL CHK NO DATE AMOUNT 351959 3/30/21 1,155.00 351960 3/30/21 1,102.92 351961 3/30/21 410.64 351962 3/30/21 933.08 351963 3/30/21 3,064.33 351964 3/30/21 165.02 351965 3/30/21 46.98 A/P Total 790,256.83 $ 790,256.83 3/3 144 of 252 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. 4,7 PHILLIP DAVIS, FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN JOSE RODRIGUEZ, VICE -MAYOR MARCUS BUSH, COUNCIL MEMBER RONALD J. MORRISON, COUNCIL MEMBER MONA RIOS, COUNCIL MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 4th OF MAY, 2021. AYES NAYS ABSENT 145 of 252 The following page(s) contain the backup material for Agenda Item: Third Reading and adoption of an Ordinance of the City Council of the City of National City, California adding National City municipal section 9.60 to regulate commercial cannabis. (City Manager) Please scroll down to view the backup material. 146 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Third reading and adoption of an ordinance of the City Council of the City of National City, California adding National City municipal section 9.60 to regulate commercial cannabis (City Manager) PREPARED BY: Megan Gamwell, Economic Development Specialist PHONE: 619-336-4216 EXPLANATION: DEPARTMENT: APPROVED BY: City Manager's Office Consistent with the direction given by the City Council on March 2, 2021 and April 6, 2021 City staff is returning to the City Council with a commercial cannabis ordinance attached hereto as Attachment 2. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: The City Council move to adopt the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. City Staff Report 2. Ordinance 147 of 252 Attachment 1 THIRD READING AND ADOPTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADDING NATIONAL CITY MUNICIPAL SECTION 9.60 TO REGULATE COMMERCIAL CANNABIS (CITY MANAGER) STAFF RECOMMENDED CITY COUNCIL ACTIONS: 1. Adopt the ordinance. THIRD READING OF AN ORDINANCE ALLOWING COMMERCIAL CANNABIS FACILITIES Consistent with the direction given by City Council on March 2, 2021 and on April 6, 2021 the ordinance with amendments is attached hereto as Attachment 2. NEXT STEPS IF THE ORDINANCE IS ADOPTED • Adoption of a resolution authorizing city staff to request access to application background checks through the California Department of Justice. • Second reading and adoption of the ordinance to the City Council to strike and replace existing City of National City municipal code section 18.30.340 & 345 — Commercial Marijuana Activity. (Item ?? on tonight's agenda). • Adoption of a resolution setting the number of each type of commercial cannabis business that shall be permitted to operate in the City of National City. • City staff to host a workshop to gather information on social equity programs to be included in a template development agreement. • Creation and adoption of a full cost recovery of application process. • Process applications until deemed complete. • Negotiate development agreements and bring to City Council for approval. The development agreement will include community benefits and social equity programs. BACKGROUND/ANALYSIS • 2012 City Council initially prohibited cannabis as part of a land -use update. • January 19, 2016- City Council passed a ban on cannabis cultivation. • November 2016- Proposition 64 (Control, Regulate and Tax Adult Use of Marijuana Act) was approved by 57% of voters in California. Voting results in National City were 7,551 (50.04%) against and 7,540 (49.96%) in favor. • June 18, 2019- City Council authorized staff to retain the services of HdL to assist with community outreach and the development of a draft cannabis ordinance, an application review process and cost recovery fees. • September 17, 2019- HdL presented its initial findings to the City Council, after which direction was provided to staff to develop an ordinance that would allow up to three cannabis businesses through development agreements to be located in National City's Industrial Zones. • October 16, 2019- through November 5, 2019- The City developed a survey to gather input from the community to help guide the development of its cannabis regulatory program, including community impacts to be addressed through regulations and programs to be funded through a community benefits fee. • October 22, 2019- City staff hosted a community workshop on cannabis in the Library Community Room. • February 18, 2020- City Council directs staff to establish a set community benefits fee rate of 5% of gross receipts for all cannabis businesses; expand the proposed number of cannabis business operations from 3 to 6 (3 remaining in the originally proposed Industrial Zones and 3 being Page 1 of 3 148 of 252 Attachment 1 added to the areas zoned Tourist Commercial (CT) in the Marina District west of 1-5); and to include consumption lounges as an allowable business type in the ordinance. • March 17, 2020- Cannabis ordinance scheduled for first hearing of the ordinance at City Council. Due to COVID-19 the item was pulled from the agenda. • March 2, 2021- Cannabis ordinance is reintroduced with changes based on City Council direction and public input. • March 15, 2021- National City Planning Commission voted to deny an amendment to sections 18.30.340 (Medical Marijuana Dispensaries) and 18.30.345 (Medical Marijuana Cultivation) of Title 18 (Zoning) of the National City Municipal Code. • April 6, 2021— Cannabis ordinance is brought back to City Council for adoption with amendments based off City Council direction on March 2, 2021. • May 4, 2021— Cannabis ordinance brought back for the third reading of the ordinance based of City Council direction given on March 2, 2021 and April 6, 2021. REQUESTED CLARIFICATION IN ORDINANCE: • Clarification on "Retail Ancillary/Accessory Use" definition in Section 9.60.050. o Ancillary/Accessory Use shall be determined when less than forty percent of a business's gross floor area is devoted to the use, display, and/or sales of cannabis products and/or paraphernalia and No approved retail ancillary/accessory use shall be permitted without a licensed and operational primary use. • Clarification regarding who would be the "designee" in statement "City Manager or Designee" o Multiple departments will be involved in the review, approval and enforcement of commercial cannabis businesses. Those departments include the City Mangers office, City Attorney's office, National City Police Department, Community Development Department and Finance Department. Where applicable designee may also include consultants. • Clarification on Section 9.60.120 o "Not including commercial cannabis -related offenses for which the conviction occurred after the City banned cannabis in 2012." COST RECOVERY AND FISCAL ANALYSIS: Application fees will be imposed to offset staff and consultant costs for processing applications and approvals for cannabis activities. Additional fees, and other fiscal benefit arrangements will be considered at a later date to offset additional staff and policing costs associated with ongoing cannabis operations, which costs are unknown at this time. CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") An initial review of the proposed ordinance has been conducted pursuant to the California Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulation 15000, et seq.). The proposed ordinance and resolution would delete the existing prohibition on cannabis uses in the Municipal Code and add provisions to regulate commercial cannabis activity that: (1) will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area; (ii) does not authorize any new construction or use but rather describes a process that will require vetting of environmental, land use and operational issues in connection with each application for a Certificate of Approval and is therefore not a "project" under CEQA because it establishes "general policy and procedure making" (CEQA Guidelines Sec.15378(b)(2)), and constitutes "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment" (CEQA Guidelines 15378(b)(5)); (iii) the implementing resolution is self -mitigating insofar as it provides the means for avoiding environmental impacts, if any are identified, as part of each discretionary application and as provided in NCMC Section 18.12.040 (C) each application is subject to Page 2 of 3 149 of 252 Attachment 1 separate environmental review under CEQA; and (iv) issuance of ministerial permits for personal, noncommercial cultivation is categorically exempt as a Class 1 or Class 5 project insofar as, at best, the activities that are authorized would constitute a minor alteration of existing public structures involving no expansion of use, or a minor Page 8 of 146 alteration in land use limitations (see 14 CCR Sections 15031, 15305). Based on the foregoing staff has determined that this ordinance is exempt from further environmental review. Local Coastal Program The proposed ordinance and implementing resolution do not amend the City's certified Local Coastal Program (LCP). The ordinance provides licensing and health and safety regulations for cannabis uses under Title 9 of the NCMC. Zoning and development standards of NCMC Title 18 are not changed except for partial repeal of the prohibition on cannabis uses under Chapter 18.30 of Division 3, which chapter is not part of the LCP. Similarly, the proposed implementing resolution is declarative of existing zoning and does not alter the City's zoning map, development standards or the LCP. Accordingly, no LCP amendment or other Coastal Commission approval is required for the ordinance and resolution Page 3 of 3 150 of 252 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Sections 18.30.340 (Medical marijuana dispensaries) and 18.30.345 (Medical marijuana cultivation) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City - Initiated) (Case File 2019-29 A) (Planning) Please scroll down to view the backup material. 151 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Public hearing and Adoption of an Ordinance of the City Council of the City of National City amending Sections 18.30.340 (Medical marijuana dispensaries) and 18.30.345 (Medical marijuana cultivation) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-29 A) PREPARED BY: Martin Reeder, AICP afix DEPARTMENT: Commu De el.pment PHONE: 619-336-4313 APPROVED BY: EXPLANATION: At the City Council meeting of April 6, 2021, the City Council introduced an Ordinance amending Sections 18.30.340 (Medical marijuana dispensaries) and 18.30.345 (Medical marijuana cultivation) of Title 18 (Zoning) of the National City Municipal Code (NCMC). The amendments are designed to make Title 18 consistent with state law and with the proposed NCMC Chapter 9.60 related to commercial cannabis businesses. The attached Ordinance needs to be adopted in order to complete the amendment process. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: x Finance MIS STAFF RECOMMENDATION: Adopt the Ordinance amending NCMC sections 18.30.340 and 18.30.345 related to medical marijuana. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Ordinance 152 of 252 The following page(s) contain the backup material for Agenda Item: Public Hearing No. 2 of 2 and adoption of a Resolution of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2021-2022 Annual Action Plan. (Housing Authority) Please scroll down to view the backup material. 153 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing No. 2 of 2 and adoption of a Resolution of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2021-2022 Annual Action Plan. PREPARED BY: Angelita Palm , Housing Programs Manager DEPARTMENT: Housing Authority PHONE: (619) 336-4219 ( CM APPROVED BY: EXPLANATION: In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The Second -Year Action Plan for program year 2021-2022 outlines how the City intends to spend $733,391.00 in federal Community Development Block Grant (CDBG) and $328,323.00 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City will reprogram $52,270.65 remaining from previously completed projects for CDBG as well as reprogram $187,637.91 in HOME program income received. A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 4, 2021 to review public comments received during a 30-day public review period from March 19 through April 18, 2021, on the draft 2021-2022 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed for program year 2021-2022. After all public comments have been considered at the Public Hearing on May 4, 2021, the City Council may adopt the Second -Year Action Plan and activities for submission to HUD before May 14, 2021. Additional information can be found on attachment number one. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The City will receive $733,391.00 in CDBG and $313,035.00 in HOME Program funds for FY 2022. In addition, the City will reprogram to FY 2022 $52,270.65 of CDBG funds from completed projects and $187,637.91 in HOME program income received. ENVIRONMENTAL REVIEW: Not applicable to this report. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and adopt the resolution. BOARD I COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Action Plan Funding 4. Resolution 154 of 252 Attachment No. 1 City of National City May 4, 2021 Staff Report Explanation Public Hearing No. 2 of 2 and adoption of a Resolution of the City of National City adopting the U.S Department of Housing and Urban Development (HUD) 2021-2022 Annual Action Plan and the allocation of 2021-2022 HUD entitlement grant funds, program income, and funds remaining from completed projects to Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program activities proposed for 2021-2022 Annual Action Plan. OVERVIEW I The U.S. Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to entitlement cities and counties, including the City of National City for its Community Planning and Development Programs (CPD). The City of National City (City) receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis. The statutory primary objectives of the CDBG Program are to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities, principally for low and moderate -income persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and affordable housing. The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement programs. The Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years, and the annual action plan outlines how those needs and priorities will be addressed through the use of CDBG and HOME funds. PUBLIC NOTICING I Public participation is an essential part of the development of the Annual Action Plan. All noticing for this process which sets forth the City's policies and procedures for citizen participation is described in the Citizen and Community Participation Plan per City Council Resolution 2020-84 and can be found at www.nationalcityca.gov/cdg-home. ANNUAL ACTION PLAN I Hard copies of the proposed plan is available through the office of the City Clerk (1243 National City Blvd.) or by calling the CDBG and HOME Program Administer at 619-336-4219. The document is also made available to the public at the City of National City website on the CDBG and HOME web page at www.nationalcityca.gov/cdbg-home . PUBLIC HEARINGS I Project and Program funding recommendations for the CDBG and HOME entitlement grant funds, program income, and funds from previously completed projects were presented at the first public hearing held on March 16, 2021. A second Public Hearing will be conducted on May 4, 2021, to review public comments received during a 30-day public review period (March 19 through April 18, 2021) of the draft 2021-2022 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 4, 2021, the City Council may adopt the 2021-2022 Action Plan and proposed CDBG and HOME Program and activities for submission to HUD before May 14, 2021. HUD REVIEW: Upon receipt of the 2021-2022 Action Plan, HUD has 45 days to review and accept the Action Plan. HUD typically notices the City that the Action Plan is accepted by mid to late July. Page 1 of 2 155 of 252 Attachment No. 1 City of National City May 4, 2021 Staff Report Explanation ANNUAL ACTION PLAN TIMELINE I CDBG & HOME PROGRAMS Date Action November 24 CDBG/HOME Notice of funding availability to City departments and grant funding applications available for distribution December 1 Virtual Application Workshop January - April Drafting of the 2021-2022 Action Plan January 21 Application submission deadline for CDBG and HOME FY 2022 funding 6 p.m. February Application Review Period March 5 to March 15 10-day Notice of Public Review Period and Notice of Public Hearing for the Draft 2021-2022 Action Plan March 16 Public Hearing No. 1 on the 2021-2022 Action Plan and applicant funding recommendations to the City Council March 19 to April 18 30-day Notice of Public Review Period and Notice of Public Hearing for the Draft 2021-2022 Action Plan May 4 Virtual Public Hearing No. 2 (Final) to Approve the Draft 2021-2022 Action Plan May 18 Submission of the 2021-2022 Action Plan to HUD May Applicant Award Notification June July Begin contract negotiations with selected CDBG and HOME subrecipients and initiate environmental reviews. July 1 Begin Program Year All dates listed herein are tentative and are subject to change. Persons relying on this Schedule must contact the CDBG and HOME Program Administer at 619-336-4219 to confirm the actual date of each event listed above as the timeframe nears. Page 2 of 2 156 of 252 Attachment No. 3 CALIFORNIA <j- NATIoN.A.L citryi .f-1 ` +NCORPO3�ATE� Community Development Block Grant & HOME Investment Partnerships Annual Action Plan Funding for HUD Program Year 2021 City Fiscal Year 2021-2022 CDBG Entitlement CDBG Reallocation Total CDBG funds available: $733,391.00 $ 52,270.65 $785,661.65 HOME Entitlement HOME Program Income Total HOME funds available: $328,323.00 $187,637.91 $515,960.91 Community Development Block Grant (CDBG) Program Public Service Funds Available: $82,091.15 Applicant Name Program Name Funding Amount Community Services Department Casa de Salud Youth Afterschool Program $ 20,000.00 National City Public Library Adult Literacy Services Program $ 43,000.00 SBCS NCPD Support Service: Domestic Violence Response Team $ 19,091.15 Public Service Total: $ 82,091.15 Non -Public Services Funds Available: $556,892.50 Applicant Name Fire Department Program Name Fire Station 34 Section 108 Loan Payment Non -Public Service Total: Funding Amount $ 556,892.50 $ 556,892.50 Planning and Administration Funds Available: $146,678.20 Applicant Name Program Name Funding Amount National City Housing Authority CDBG Program Administration $ 105,678.00 CSA San Diego County Fair Housing and Tenant -Landlord Education $ 41,000.00 Planning & Admin Total: $ 146,678.00 CDBG Total: $ 785,661.65 HOME Investment Partnerships (HOME) Program Project Funds Available: $464,364.91 Applicant Name Program Name Funding Amount South Bay Community Services Tenant Based Rental Assistance Program $ 415,116.00 National City Housing Authority set -aside for a Community Housing Development Organization (CHDO) CHDO Set Aside $ 49,248.91 Total: $ 464,364.91 Planning & Administration Funds Available: $51,596.09 Applicant Name National City Housing Authority Program Name HOME Program Administration HOME Total: Funding Amount $ 51,596.00 $ 515,960.91 Page 1 of 1 157 of 252 Attachment No. 2: Public Hearing Notice -- CALIFORNIA NATIONAL C1`rl - INCO1q.pORATED -- PUBLIC NOTICE CITY OF NATIONAL CITY 30 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING FOR THE DRAFT 2021-2022 ANNUAL ACTION PLAN Notice is hereby given by the City of National City that the draft Annual Action Plan for program year 2021-2022 has been prepared. The Annual Action Plan outlines how the City plans to spend an estimated $785,661.65 in Community Development Block Grant (CDBG) funds and $516,460.91 in HOME Investment Partnerships (HOME) Program funds on activities that address the community development and housing needs of the City. In accordance with the federal regulations at 24 CFR, Part 91, the City of National City is required to prepare and submit an Annual Action Plan for its Housing and Community Development Programs to the U.S. Department of Housing and Urban Development (HUD). In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has the draft Annual Action Plan goals and activities for program year 2021-2022 online www.nationalcityca.gov/cdbg-home beginning March 19, 2021. A hardcopy of the plan will also be available through the Office of the City Clerk located at City Hall (1243 National City Blvd., National City, CA 91950) during normal hours of operation. The information will be available for public review for 30 days. Public comment on the draft 2021-2022 Annual Action Plan can be directed by mail to the City of National City Housing Authority at 1243 National City Blvd., National City, CA 91950, by email to housing@nationalcityca.gov or by phone at 619-336-4254. A second and final Public Hearing will be conducted at the regularly scheduled City Council meeting on May 4, 2021, to review public comments received during a 30-day public review period (March 19 through April 18, 2021) on the draft 2021-2022 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 4, 2021, the City Council will adopt the 2021-2022 Action Plan and proposed CDBG and HOME Program funding recommendations. The Action Plan will then be submitted to HUD for review and acceptance. Public participation is an essential part of the development of the Annual Action Plan. Interested persons and community groups are invited to watch and participate in the hearing which will be held online at www.nationalcityca.gov/webcast. Public comment may be submitted prior to the meeting in writing by email at PublicComment@nationalcityca.gov; please provide the agenda item number and title of the item in the subject line of the email. Public comments or testimony is limited to up to three (3) minutes. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record. To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting. For more information regarding this process, please contact the City Clerk's Office at (619) 336-4228 or by email at Clerk@nationalcityca.gov. Hearing - impaired persons, please use the CAL Relay Service Number 711. Asistencia en Espanol: Para que le interpreten la informacion en espanol, llame al (619) 336-4391. Brad Raulston, City Manager City of National City March 19, 2021 Page 1 of 1 158 of 252 The following page(s) contain the backup material for Agenda Item: Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the California Department of Housing and Community Development to incorporate outreach, case management, and rapid rehousing and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. (Housing Authority) Please scroll down to view the backup material. 159 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the California Department of Housing and Community Development to incorporate outreach, case management, and rapid rehousing and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. PREPARED BY: Myra Martinez Housing Programs Specialist II PHONE: (619) 336-4301 EXPLANATION: See attached explanation. DEPARTMENT: Housing Authority APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Revenue Account: 501-45477-3463 - Permanent Local Housing Allocation - $393,191 Expenditure Account: 501-419-477-* - Permanent Local Housing Allocation- $393,191 There is no match required from the City's General Fund. The City of National City is eligible to receive $393,191 in the first program year and grant revenue over the five years is projected at $2,359,146 to be used for eligible housing activities. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION APPROVED: APPROVED: FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Adopt the resolution and submit the ratified PLHA plan to the California Department of Housing and Community Development. BOARD / COMMISSION RECOMMENDATION: Not applicable to this report. ATTACHMENTS: 1. Explanation 2. 2021 PLHA Amendment 3. Resolution 160 of 252 Attachment No. 1 City of National City May 4, 2021 Staff Report Explanation Public Hearing and Resolution of the City Council of the City of National City adopting the First Amendment to the Permanent Local Housing Allocation (PLHA) Program Plan approved by the State of California Housing and Community Development Department to incorporate outreach, case management, and rapid rehousing and other housing services for homeless individuals and families or those at risk of becoming homeless and establishing budget appropriations and the corresponding revenue budget in the amount of $393,191 for the first PLHA program year. The Permanent Local Housing Allocation (PLHA) Program funding is made possible through California Senate Bill (SB) 2 of 2017. The PLHA is a non-competitive entitlement fund to support local affordable housing and homeless services initiatives. The intent of SB2 was to provide a permanent, ongoing source of funding to local governments for housing -related projects and programs that assist in addressing the unmet housing and homelessness needs of their local communities. PLHA Program revenue is generated through recording fees on real estate transactions on an annual basis. On February 26, 2020, the California Department of Housing and Community Development released a NOFA for the PLHA Grant Program, which provides funding to jurisdictions to further its affordable housing productions and facilitate compliance with a city's housing goals over a five-year period. City staff prepared and submitted an application on July 27, 2020, which included a plan to fund emergency rental assistance for the first and second year of the five-year program, to fund pre -development costs and/or provide gap financing for future rental housing projects and to consider funding a new program to provide loans to assist in the construction of accessory dwelling units for low-income households. The programs funded as part of the plan were consistent with the goals of the City's Housing Element of the General Plan. The PLHA program provides an ongoing funding source that can be paired with other one-time State and Federal funding sources; however, there is no match required from the City. The City of National City is eligible to receive $393,191 in the first year, and ongoing funding to the City over the next five years is projected at $2,359,146. However, this initial projection for PLHA Program funding was created by the California Department of Housing and Community Development (HCD) prior to COVID-19 and may be less than expected. The City's PLHA grant application is included as attachment number two (2) of this staff report. On August 18, 2020, City Council adopted a resolution to ratify the PLHA application and to appropriate the first year of funding for emergency rental assistance that may be used to assist households that have been impacted by COVID-19, which are currently experiencing homelessness, or at risk of becoming homeless. Page 1 of 2 161 of 252 Attachment No. 1 In January of 2021, San Diego County received an estimated $52.5 million in state funding and $49 million in funding from the federal government to assist County residents who have been economically impacted by COVID-19 with housing and utility payments. The program serves residents in the County in unincorporated areas, as well as 16 cities within the region, including National City. Staff recommends amending the PLHA approved Plan for year one and two to propose 100% of its PLHA funds towards housing opportunities for those earning 60% of the San Diego County Area Median Income (AMI), including rapid rehousing and transitional housing, supportive housing for people with special needs, basic and emergency services for the homeless, including outreach, case management, and prevention. The original Plan funded emergency rental assistance; however, given the current availability of funding from the County of San Diego for COVID-19 related rental assistance, the PLHA funds would better utilized to provide housing and case management services to homeless families and individuals or those at risk of becoming homeless. The approved PLHA Plan §302(c)(4)(A) states as its first of three priorities: The City of National City is proposing 100% of its PLHA funds towards housing opportunities for those earning 60% of the San Diego County Area Median Income (AMI) through three types of activities in order of priority as follows: 1) to begin as Emergency Rental Assistance Program that will help families with low income in the City of National City who experience financial hardship due to an emergency The proposed First Amendment would revise the first priority of §302(c)(4)(A) to state: The City of National City is proposing 100% of its PLHA funds towards housing opportunities for those earning 60% of the San Diego County Area Median Income (AMI) through three types of activities in order of priority as follows: 1) Serve individuals and families who are homeless or housing insecure by funding services such as rapid rehousing, affordable housing, supportive housing for people with special needs, basic and emergency services for the homeless, outreach and prevention and community services. Page 2 of 2 162 of 252 Attachment No. 2 §302(c)(4) Plan Rev. 5/20/20 §302(c)(4)(A) Describe the manner in which allocated funds will be used for eligible activities. The City of National City is proposing 100% of its PLHA funds towards housing opportunities for those earning 60% of the San Diego County Area Median Income (AMI) through three types of activities in order of priority as follows: 1) Partner with organization(s) that will serve individuals and families who are homeless or housing insecure. Services offered will include rapid rehousing, affordable housing, supportive housing for people with special needs, basic and emergency services for the homeless, outreach and prevention and community services; 2) Pre -development, gap financing for the acquisition and development of rental property for use as permanent supportive housing for persons at 60% or less of the AMI for an affordability term of 55 years; and 3) to begin a new program to provide loans for construction of accessory dwelling units for persons at 60% or less of the AMI for a minimum term of 20 years. §302(c)(4)(B) Provide a description of the way the Local government will prioritize investments that increase the supply of housing for households with incomes at or below 60 percent of Area Median Income (AMI). PLHA funding will only be allocated to activities (e.g., Rapid -rehousing, permanent supportive housing, ADUs for very low-income households) seeking to benefit households that are homeless or at risk of homelessness. Those with household incomes at or less than 60% of the AMI and serving the homeless and those economically vulnerable households meet the requirement to prioritize investments that increase the supply of housing for households with incomes at or below 60% AMI. The City has experience in leveraging HOME funds serving households at 30% to 60% AMI funded with tax credits. This existing plan will be utilized for administering PLHA funds as well. The City and its Housing Authority propose to combine its available CDBG and HOME with PLHA funds. §302(c)(4)(C) Provide a description of how the Plan is consistent with the programs set forth in the Local Government's Housing Element. The Plan is consistent with the program goals outlined in the current housing element. Table 2-25 of the Housing Element states that the City will use HOME funding for rental assistance. The HOME Program has been approved for rental assistance through the current five-year Consolidated Plan. HOME funds will serve as a match for the grant funds provided. Activities Detail (Activities Detail (Must Make a Selection on Formula Allocation Application worksheet under Eligible Activities, §301)) _ §301(a)(1) The predevelopment, development, acquisition, rehabilitation, and preservation of multifamily, residential live -work, rental housing that is affordable to extremely low -,very low-, low-, or moderate -income households, including necessary Operating subsidies. — §301(a)(2) The predevelopment, development, acquisition, rehabilitation, and preservation of Affordable rental and ownership housing, including Accessory Dwelling Units (ADUs), that meets the needs of a growing workforce earning up to 120 percent of AMI, or 150 percent of AMI in high -cost areas. ADUs shall be available for occupancy for a term of no less than 30 days. §301(a)(3) Matching portions of funds placed into Local or Regional Housing Trust Funds. §301(a)(4) Matching portions of funds available through the Low- and Moderate -Income Housing Asset Fund pursuant to subdivision (d) of HSC Section 34176. §301(a)(5) Capitalized Reserves for Services connected to the preservation and creation of new permanent supportive housing. §301(a)(6) Assisting persons who are experiencing or At risk of homelessness, including, but not limited to, providing rapid rehousing, rental assistance, supportive/case management services that allow people to obtain and retain housing, operating and capital costs for navigation centers and emergency shelters, and the new construction, rehabilitation, and preservation of permanent and transitional housing. §302(c)(4)(E)(i) Provide a description of how allocated funds will be used for the proposed Activity. The City of National City's current Housing Element is in compliance with the State of California and is currently in the process of drafting the new Housing Element and Housing Strategic Plan which will be in effect in 2021. Allocated funding will be used in accordance with the Housing Element priorities but will focus on activities including but not limited to: (1) assist new development or rehabiliation housing projects that target Extremely low-, Very low-, Low -or Moderate Income households including necessary operating subsidies; (2) provide for the preservation of affordable housing including the development of ADU's for a growing workforce at or below 60% AMI, and (3) assist persons experiencing or at risk of being homeless through rapid rehousing, rental assitance programs, or other critical homeless services. Complete the table below for each proposed Activity to be funded with 2019-2023 PLHA allocations. If a single Activity will be assisting households at more than one level of Area Median Income, please list the Activity as many times as needed to capture all of the AMI levels that will be assisted, but only show the percentage of annua funding allocated to the Activity one time (to avoid double counting). Funding Allocation Year 2019 2020 2021 2022 2023 Type of Activity for Persons Permanent Permanent Permanent Permanent E Experiencing or At Risk of E Homelessness `n a §302(c)(4)(E)(i) Percentage of Funds Allocated for the 95.00% 95.00% 95.00% 95.00% 95.00% Proposed Activity §302(c)(4)(E)(ii) Area Median 60% 60% 60% 60% 60% TOTAL Income Level Served Page 1 of 2 163 of 252 Attachment No. 2 §302(c)(4)(E)(ii) Unmet share of the RHNA at AMI Level 0 §302(c)(4)(E)(ii) Projected Number of Households Served 25 25 25 25 25 125 §302(c)(4)(E)(iv) Period of Affordability for the Proposed Activity (55 years required for rental housing projects) 55 years 55 years 55 years 55 years 55 years §302(c)(4)(E)(iii) A description of major steps/actions and a proposed schedule for the implementation and completion of the Activity. The PLHA funds will be used to partner wi h organization(s) that will serve individuals and families who are homeless or housing insecure, develop an Accessory Dwe ling Unit (ADU) program for low-income households, and assist low-income housing projects. There are over 3000 households on the National City Section 8 waiting list. It is very difficult to help households who are homeless or at risk of becoming homeless immediately without direct financial resources. It is anticipated that the 15 to 20 households can be assisted with the PLHA funds for the emergency rental assistance program. Outreach and marketing for the rental assistance program will begin as soon as the funding is received in Year 1 (January 2021). The City also plans to implement an ADU program, for which guidelines are in the process of being developed. The City is in the process of creating objective design criteria for ADU and create a loan program to assist homeowners if they agree to keep the ADU affordable to families earning less than 60% of the Area Median Income. The City will also §301(a)(7) Accessibility modifications in Lower -income Owner -occupied housing. 5301(a)(8) Efforts to acquire and rehabilitate foreclosed or vacant homes and apartments. §301(a)(9) Homeownership opportunities, including, but not limited to, down payment assistance. §301(a)(10) Fiscal incentives made by a county to a city within the county to incentivize approval of one or more affordable housing Projects, or matching funds invested by a county in an affordable housing development Project in a city within the county, provided that the city has made an equal or greater investment in the Project. The county fiscal incentives shall be in the form of a grant or low -interest loan to an affordable housing Project. Matching funds investments by both the county and the city also shall be a grant or low -interest deferred loan to the affordable housing Project. §302(c)(4)(D) Evidence that the Plan was authorized and adopted by resolution by the File Name: Plan Adoption Local jurisdiction and that the public had an adequate opportunity to review and Attached and on USB? comment on its content. Page 2 of 2 164 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending City Council Policy No. 201 entitiled "Maintenance of Reserve Funds". (City Manager) Please scroll down to view the backup material. 165 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City amending City Council Policy 201 entitled "Maintenance of Reserve Funds." PREPARED BY: Phil Davis, Interim Director of Finance DEPARTMENT: Finance PHONE: (619) 336-4265 APPROVED BY: EXPLANATION: At the April 20, 2021 City Council meeting, City Council reviewed the Preliminary Fiscal Year 2021/22 Budget and proposed revisions to City Council Policy 201, which included suggested adjustments to target levels within various reserve funds in order strengthen the City's ability to withstand unexpected financial emergencies such as those that may result from natural disasters, revenue shortfalls, or unanticipated expenditures of a non- recurring nature, and to accumulate funds for large-scale purchases. The status of each reserve is reviewed each year by the City Manager as part of the budgeting process, taking into account the latest financial reports. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS If approved, targeted reserve funds will be adjusted to reflect the recommendations included in the revised City Council Policy 201. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the attached Resolution amending City Council Policy 201 entitled "Maintenance of Reserve Funds." BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Exhibit A — Proposed Amended City Council Policy 201 (Strikethrough) Exhibit B — Resolution 166 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. (Planning) Please scroll down to view the backup material. 167 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. PREPARED BY: Martin Reeder, Principal Planner DEPARTMENT: Comm - y D;-lopment PHONE: 619-336-4313 APPROVED BY: Armand.QTgara Director of Comm. Dev. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would initiate proceedings for the District for Fiscal Year 2021/22. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget based on the Engineer's Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $155,463.48 is the same as the prior year's total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution to initiate proceedings. BOARD / COMMISSION RECOMMENDATION: Not applicable. Not applicable. ATTACHMENTS: 1. Resolution 168 of 2521 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. (Planning) Please scroll down to view the backup material. 169 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the Engineer's Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. PREPARED BY: Martin Reeder, Principal Planner DEPARTMENT: Commun)ty evelopment PHONE: 619-336-4313 ,44c APPROVED BY: Armando(Vrgara Director of Comm. Dev. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would approve the Engineer's Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $155,463.48 is the same as the prior year's total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION FINAL ADOPTION Not applicable. STAFF RECOMMENDATION: Adopt the resolution approving the Engineer's Report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Engineer's Report 2. Resolution 170 of 252 CITY OF NATIONAL CITY Fiscal Year 2021/22 Engineer's Report For: Landscape Maintenance District No. 1 (Mile of Cars) March 2021 Prepared by: MNBS helping communities fund tomorrow ATTACHMENT 1 nbsgov.com 1 Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free. CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 CITY COUNCIL Alejandra Sotelo-Solis, Mayor Jose Rodriguez, Vice Mayor Marcus Bush, Councilmember Mona Rios, Councilmember Ron Morrison, Councilmember CITY STAFF Brad Raulston, City Manager Tony Winney, Deputy City Manager Martin Reeder, Principal Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director NBS Pablo Perez, Project Director Adina McCargo, Project Manager John Egan, Assessment Engineer 2 172 of 252 TABLE OF CONTENTS 1, Engineer's Letter 1 2. Overview 2 2.1 Introduction 2 2.2 Description of the District Boundaries 2 2.3 Description of Improvements 2 2.4 Description of Maintenance 3 3. Estimate of Costs 4 3.1 District Budget 4 3.2 Reserves 4 4. Assessment Diagram 6 5. Assessments 7 5.1 Method of Apportionment 7 5.2 Maximum Annual Assessment Rates 11 5.3 Assessment Roll 12 3 173 of 252 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2021/22. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The Fiscal Year 2021/22 assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2020/21 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: Summary of Assessment Fiscal Year 2021/22 Amounts Annual Budget $169,665.40 (Less) General Benefit Contribution by the City (14,201.92) Annual Assessment' $155,463.48 1) Amount shown is prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of District formation. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 4 John Egan, Assessment Engineer 174 of 252 2. OVERVIEW 2.1 Introduction The City formed the District in 1995 to provide maintenance services to benefit certain parcels in the City. The levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2021/22, which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor - Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2021/22. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2021/22. 2.2 Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to: 1. Median Improvements Landscape planting and irrigation Colored concrete hardscape Lighting system Graphic panels, banners and signage Painted crosswalks Identification sign at 23rd Street and McKinley Avenue M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 5 175 of 252 2. Frontage Improvements Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street Landscape planting and irrigation Colored concrete sidewalks and mow curbs Street furniture 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance Mowing, trimming, pruning and weeding Watering, including water usage Fertilizing Plant replacement Periodic skinning of palm trees 2. Maintenance of Irrigation System Adjustment of timers Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system Bulb replacement Repair/replacement of worn out or malfunctioning equipment Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 6 176 of 252 3. ESTIMATE OF COSTS 3.1 District Budget The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. The following table summarizes the components that make up the Fiscal Year 2021/22 estimate of costs for the District: Description Median Frontage Improvements Improvements Total Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: Incidental Expenses A. Administration B. Other contractual obligationsili C. Engineering D City expenses E. Consultant fees F. County collection fees Total Incidentals: $0.00 21,863.06 7,500.00 13,836.67 20,000.00 3,046.11 15,000.00 250.00 250.00 $81,745.84 $3,750.00 4,950.00 0.00 2,750.00 250.00 2.30 $11,702.30 $42,678.29 0.00 7,500.00 13,836.67 0.00 0.00 0.00 250.00 250.00 $64,514.96 $3,750.00 4,950.00 0.00 2,750.00 250.00 2.30 $11,702.30 $42,678.29 21,863.06 15,000.00 27,673.34 20,000.00 3,046.11 15,000.00 500.00 500.00 $146,260.80 $7,500.00 9,900.00 0.00 5,500.00 500.00 4.60 $23,404.60 Total Estimated Annual Cost: $93,448.14 $76,217.26 $169,665.40 (Less) General Benefit Contribution&2 : ($7,937.52) ($6,264.40) ($14,201.92) TOTAL ANNUAL ASSESSMENT(3): $85,510.62 $69,952.86 $155,463.48 (1) (2) (3) Includes legal, accounting and advertising. General benefit contribution will be funded from other sources and is not being paid from annual assessments. Amounts shown are prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure. 3.2 Reserves The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 7 177 of 252 The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. The following table details the current and projected reserve balances: Reserve Balance Reserve Collection/Reduction Reserve Balance Projection 12/31/2020 RI for FY 2021/22 6/30/2022 $98,249.00 $500.00 $98, 749.00 (1) A portion of the amount shown ($2,284) is reserve funds held by the City. The remaining portion of reserve funds is held by the District. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 8 178 of 252 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 9 179 of 252 FILED IN THE OFFICE OF THE cITY CLERK OF THE CITY OF NATIONAL CITY R AS DAY of 1990_ CITY CLERK CITY or NATIONAL Q7Y STATE OF CALIFORNIA RECORDED tN THE OFFICE CF THE SUPERINTENDENT OF STREETS OF IRE CITY OF NATIONAL CITY THIS DAY OF , t996. SUPERINTENDENT OF STREETS CITY OF NATIONAL aTY STATE OF CALIFORNIA AN ASSESSMENT WAS LET'IET/ 0Y THE CITY COUNCIL ON 11$ LOTS. PIECES. AND PARCELS OF LAND SHOWN ON Ws ASSESSMENT DIAGRAM. 5A10 ASSESSMENT WAS LEVIED 0T1 THE DAY OF 1990: SAID ASSESSMENT DfAGRAM AND TIE ASSESSMENT ROLL WERE RECDROED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF SAOIO CITY OH 104E DAY OF 1996. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED N THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN oN THR ASSESSIENT DIAGRAM. CITY CLETTII CITY OF NATIONAL CITY STATE OF CALIFORNIA FILED THIS DAY OF 1996, AT THE HOUR OF O'CLOCK _.M. 1N BOOK __Of MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IT THE OFFICE 00 THE COUNTY RECORDER OF THE COUNTY Of SAN DECO, CAL0FORN0A. COUNTY RECEROER COUNTY OF SAN DEGO STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA 2D1 560-20]-01 560-204-0O EXTERIOR 00UIIOARY CF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISE) 5-26-04 ta0 0 100 200 000 400 SHEET 1 OF 3 SHEETS 190' 560-303—Dl N ONCOU OF EACH PARCEL IS BASED UPON CURRENT O THE ASSESSOR'S 100 MAPS ER SHOWN PARCEL TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING 5TVR, 6R mamma . 5URYEYIRG • IA00 PIARmHG 4010 RORner llreel. 5** Otye, C.Rfeenle, PJ.III • 010-2*g—'ln0 10 NOTE: ORIGINAL SHEET SIZE 18" x 26' 180 of 252 N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA l"J 560-330-03 591' NATIONAL BOULEVARD 562-021-01 100' 502-021-07 160' 562-340-fig TRANSPORTATION AVENUE 502-031-1 t Ida' 362-031-as 110' W2-349-70 100 I 1 1 562-090-06 270' Di NATIONAL fe+ 562-340-47 EXTERIOR 50VN0A6 Of 1:110TH1GT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 0 100 200 } sou SHEET 2 OF 3 SI1L± I 562-100-44 lay 562--100-13 135• BOULEVARD 436' 562--340-48 \J 400 1HL iial/ACE OF EA7I Pf61� IS HASP) 1JPON MpRRRENT EOON TO THE YNEARESTF001. APREFEROSWIM TO 615ESSOAS PARER HAPS 60R PROaERT? 041E1119045 HOT SM0'MN. NASLAND ENGINEERING CISO. E2100166R5H0 • 2UHVEYRe0 • 1.4140 KLANRINO 1740 IM em. Street, inn INe=e. Cn6fernie. 92111 • 610-222-7770 11 NOTE: ORIGINAL SHEET SIZE 18' x 266' 181 of 252 N.E. JOB No.105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. i (MILE OF CARS) CITY OF NATIONAL CITY 562-I60-07 300' 562-190-32 562-100-33 62' 127 30d 562-340-09 209' 562-150-13 TORrATION AVENUE 562-251-57 20 COUNTY OF SAN DIEGO STATE OF CALIFORNIA 562-25r-36 16T NATIONAL CITY i3oULEVARD 230 562-220-13 1 562-252-15 330' EXTERIOR 80UNDARv OF DISTRICT 562-321•-07 152' 249' 562-330-35 N ONTIIGE 01' EAG1 PARCEL 13 BASEO UPON CURRENT COUNTY ASSESSOR'S VAR'S AND VOW HEREON M SPOORE 40 FOOT.00SHOTO Ts 1011*4 100 100 700 700 400 3 SHtt i 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING C79I1. LNCl/1E0INC - 91104LYING - LAND PLANNING 1710 Rolfe.' 31iwt. 5,. D1.4e. California. 021I1 • Rio-000-*+m 12 NOTE ORIGINAL SHEET SIZE 18' x 26' 182 of 252 N.E. JOB No. 105-148 5. ASSESSMENTS The actual assessments for Fiscal Year 2021/22, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. The figures in section 5.1 are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2013/14. 5.1.1 IDENTIFY THE BENEFIT First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. Policy LU-5.10: Assist the business community in evaluating the City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 13 183 of 252 Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. Policy LU-9.4: Encourage an overall high -quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for the City, where appropriate. Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. 5.1.2 AESTHETIC BENEFIT The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: Uniform and up-to-date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 14 184 of 252 The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. 5.1.3 SEPARATION OF GENERAL BENEFIT Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area, will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. A Special v. General Benefit Analysis was performed in Fiscal Year 2013/14 to quantify said general benefits. 5.1.4 QUANTIFICATION OF GENERAL BENEFIT As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 15 185 of 252 are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Pursuant to the Special v. General Benefit Analysis performed in Fiscal Year 2013/14, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. 5.1.5 APPORTIONMENT OF COSTS In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was performed and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the original assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 16 186 of 252 the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District to the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District — the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: 5.1.6 MEDIAN IMPROVEMENTS 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. 5.1.7 FRONTAGE IMPROVEMENTS 1. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 3. The frontage of each parcel is determined from current Assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5.2 Maximum Annual Assessment Rates The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 17 187 of 252 The following table shows the historical maximum annual assessment rates. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot'l) Total Actual Rate Per Frontage Footle' Actual Percentage Increase 1996/97 N/A $3.29 $6.43 $9.72 $9.72 N/A 1997/98 10% 3.62 7.07 10.69 10.69 9.98% 1998/99 10% 3.98 7.78 11.76 11.09 3.74% 1999/00 10% 4.38 8.56 12.94 11.07 -0.18% 2000/01 10% 4.82 9.41 14.23 11.51 3.97% 2001/02 10% 5.30 10.35 15.66 10.52 -8.60% 2002/03 10% 5.83 11.39 17.22 11.03 4.85% 2003/04 10% 6.41 12.53 18.95 11.25 1.99% 2004/05 10% 7.05 13.78 20.84 11.56 2.76% 2005/06 10% 7.76 15.16 22.93 11.68 1.04% 2006/07 10% 8.54 16.68 25.22 12.37 5.91% 2007/08 10% 9.39 18.35 27.74 13.72 10.91% 2008/09 10% 10.33 20.18 30.52 14.79 7.80% 2009/10 10% 11.36 22.20 33.57 16.19 9.47% 2010/11 10% 12.50 24.42 36.93 16.87 4.20% 2011/12 10% 13.75 26.86 40.62 15.75 -6.64% 2012/13 10% 15.12 29.55 44.68 15.80 0.32% 2013/14 10% 16.64 32.51 49.15 15.49 -1.96% 2014/15 10% 18.30 35.76 54.07 15.15 -2.19% 2015/16 10% 20.13 39.33 59.46 15.11 -0.26% 2016/17 10% 22.15 43.27 65.42 15.86 4.96% 2017/18 10% 24.36 47.60 71.96 15.69 -1.07% 2018/19 10% 26.80 52.36 79.16 16.38 4.40% 2019/20 10% 29.48 57.59 87.07 16.76 2.32% 2020/21 10% 32.43 63.35 95.78 17.23 2.80% 2021/22 10% 35.67 69.69 105.36 17.23 0.00% (1) Rates are truncated. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2021/22 is $17.24, which remains the same as Fiscal Year 2020/21. 5.3 Assessment Roll The proposed Fiscal Year 2021/22 District assessment roll is listed on the following page. NBSCity of National City Landscape Maintenance District No. 1 (Mile of Cars) 18 188 of 252 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2021/22 APN Owner Frontage (Feet) Levy Misc. Adjustments Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 291 5,015.65 (0.01) 5,015.64 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,413.03 (0.01) 2,413.02 560-204-04-00 BALL JOHN D II 190 3,274.82 0.00 3,274.82 560-210-01-00 HATTON RONNIE & HATTON PAM 125 2,154.49 (0.01) 2,154.48 560-210-04-00 LTC PROPERTIES LLC 165 2,843.92 0.00 2,843.92 560-210-40-00 BALL JOHN D & BALL 1998 TRUST 211 3,636.78 0.00 3,636.78 560-210-41-00 BALL JOHN D & BALL 1998 TRUST 50 861.79 (0.01) 861.78 560-210-42-00 LTC PROPERTIES LLC 30 517.07 (0.01) 517.06 560-261-08-00 BALL JOHN D & BALL 1998 TRUST 270 4,653.70 0.00 4,653.70 560-271-07-00 BALL JOHN D & BALL 1998 TRUST 75 1,292.69 (0.01) 1,292.68 560-271-09-00 BALL AUTOMOTIVE GROUP & FIRST AMERICAN TRUST FSB TR 50 861.79 (0.01) 861.78 560-271-14-00 BALL JOHN D & BALL 1998 TRUST 95 1,637.41 (0.01) 1,637.40 560-271-15-00 BALL JOHN D & BALL 1998 TRUST 100 1,723.59 (0.01) 1,723.58 560-330-03-00 S K R B L P 591 10,186.43 (0.01) 10,186.42 560-393-03-00 PNJ PROPERTIES L L C 140 2,413.03 (0.01) 2,413.02 560-393-04-00 FALK PROPERTIES N C L L C 480 8,273.24 0.00 8,273.24 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,723.59 (0.01) 1,723.58 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 160 2,757.74 0.00 2,757.74 562-031-13-00 BALL JOHN II 110 1,895.95 (0.01) 1,895.94 562-031-14-00 BALL JOHN II 160 2,757.74 0.00 2,757.74 562-090-06-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 270 4,653.70 0.00 4,653.70 562-100-13-00 BALL JOHN II 135 2,326.85 (0.01) 2,326.84 562-100-14-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 135 2,326.85 (0.01) 2,326.84 562-150-13-00 GEN 3 PROPERTIES ONE L L C 209 3,602.31 (0.01) 3,602.30 562-160-07-00 GEN3 PROPERTIES TWO LLC 300 5,170.78 0.00 5,170.78 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,413.34 0.00 1,413.34 562-180-33-00 GEN3 PROPERTIES TWO LLC 127 2,188.96 0.00 2,188.96 562-220-11-00 MAG 100 30TH STREET LLC 100 943.30 0.00 943.30 562-220-13-00 MCCUNE MOTORS & MCCREDIE TOD C TRUST 03-28-96 (55%) 230 3,964.26 0.00 3,964.26 562-220-31-00 MCCUNE MOTORS & MCCREDIE TOD C TRUST 03-28-96 (55%) 155 2,671.57 (0.01) 2,671.56 562-220-32-00 FRANK REAL PROPERTIES II LP 314 5,412.08 0.00 5,412.08 562-251-37-00 C V VENTURES L L C 202 3,481.65 (0.01) 3,481.64 562-251-38-00 C V VENTURES L L C 167 2,878.40 0.00 2,878.40 562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDY JR SEPARATE PROPERTY TRUST 05-17-19 330 5,687.85 (0.01) 5,687.84 562-321-07-00 S O C PROPERTIES L L C 182 3,136.94 0.00 3,136.94 562-321-08-00 CITY OF NATIONAL CITY 148 2,550.91 (0.01) 2,550.90 562-330-43-00 54/NATIONAL SELF STORAGE L L C 40 689.43 (0.01) 689.42 562-330-47-00 NATIONAL CITY BLVD STORAGE LLC 192 3,309.29 (0.01) 3,309.28 562-330-48-00 NATIONAL CITY BLVD STORAGE LLC 133 2,292.37 (0.01) 2,292.36 562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA J 300 5,170.78 0.00 5,170.78 562-340-47-00 MOSSY IMPORTS L L C 164 2,826.69 (0.01) 2,826.68 562-340-48-00 MOSSY IMPORTS L L C 436 7,514.86 0.00 7,514.86 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 291 5,015.65 (0.01) 5,015.64 562-340-50-00 FALK DEBORAH PROPERTIES/PERRY MOTORS/NATIONAL CITY L 300 5,170.78 0.00 5,170.78 562-340-69-00 FRANK REAL PROPERTIES I L P 290 4,998.42 0.00 4,998.42 562-340-70-00 FRANK REAL PROPERTIES I L P 300 5,170.78 0.00 5,170.78 Total 46 Accounts 9,065 $155,463.25 ($0.25) $155,463.00 19 189 of 252 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 1, 2021 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. (Planning) Please scroll down to view the backup material. 190 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on June 1, 2021 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2021/22. PREPARED BY: Martin Reeder, Principal Planner DEPARTMENT: Comm - i y v evelopment PHONE: 619-336-4313 APPROVED BY: Armando e r• ara Director o Comm. Dev. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would declare the City's intention to conduct a public hearing and to levy and collect assessments on behalf of the District for Fiscal Year 2021/22 based on the Engineer's Report, an annual report that identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $155,463.48 is the same as the prior year's total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable ACCOUNT NO. APPROVED: APPROVED: FINANCE MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION FINAL ADOPTION Not applicable. STAFF RECOMMENDATION: Adopt the resolution declaring intent to conduct a public hearing and to levy and collect assessments. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution 191 of 252 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) to operate a church (Iglesia de Cristo) located at 322 Highland Avenue. (Applicant: Francis Rodriguez) (Case File No. 2021-02 CUP) (Planning) Please scroll down to view the backup material. 192 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) to operate a church (Iglesia de Cristo) located at 322 Highland Ave. (Applicant: Francis Rodriguez) (Case File No. 2021-02 CUP) PREPARED BY: Chris Stanley — Assistant Planner DEPARTMENT: Commupment PHONE: 619-336-4381 APPROVED BY: EXPLANATION: The business has applied for a CUP to operate a church (Iglesia de Cristo) in a vacant suite located at 322 Highland Ave. The originally -proposed hours of operation were 10:00 a.m. to 1:00 p.m. Sundays, 7:00 p.m. to 9:00 p.m. Mondays, 7:00 p.m. to 8:30 p.m. Tuesdays, 7:00 p.m. to 9:30 pm. Thursdays, and 6:00 a.m. to 8:00 a.m. Saturdays. The Planning Commission conducted a public hearing on April 19, 2021. Commissioners asked questions regarding air quality, parking, and the hours of operation. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval, with the additional hours of 7:00 p.m. to 9:00 p.m. on Wednesdays. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: The project is categorically exempt as defined in Class 1, Section 15301 Existing Facilities. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, DelaPaz, Flores, Sendt, Roman Nayes: Yamane, Sanchez ATTACHMENTS: 1. Overhead 3. Resolution No. 2021-03 2. Planning Commission Staff Report 4. Reduced Plans 193 of 252 2021-02 CUP —322 Highland Avenue — Overhead ATTACHMENT 1 tz 1 194 of 252 Title: CALIFORNIA -‹ NKI LONAL CLr` r "Y ANcoitpoRATFD COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 3 April 19, 2021 PUBLIC HEARING — CONDITIONAL USE PERMIT TO OPERATE A CHURCH (IGLESIA DE CRISTO) LOCATED AT 322 HIGHLAND AVENUE Case File No.: 2021-02 CUP Location: Northwest Corner of Highland Avenue and Fourth Street Assessor's Parcel Nos.: 557-127-05 Staff report by: Chris Stanley, Assistant Planner Applicant: Francis Rodriguez Zoning designation: Minor Mixed -Use Corridor (MXC-1) Adjacent land use/zoning: North: Retail / MXC-1 East: Retail & residential / MXC-1 South: Retail / MXC-1 West: Single & Multi -family residential / Small lot residential (RS-2) Environmental review: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) Staff recommendation: Approve ATTACHMENT 2 2 195 of 252 Planning Commission Meeting of April 19, 2021 Page 2 Staff Recommendation Staff recommends approval of a proposed church at an existing commercial building. The use is conditionally -allowed in the Minor Mixed -Use Corridor (MXC-1) zone and is consistent with the General Plan and Land Use Code. Executive Summary The applicant has applied for a Conditional Use Permit (CUP) for a church at a vacant commercial suite. Conditions would restrict the hours of operation to ensure that the church would not conflict with the uses of the surrounding properties. Site Characteristics The project location is a vacant 1,296 square foot suite in a commercial building located at 322 Highland Ave.; the property is located in the MXC-1 zone. North and south of the property along Highland Ave, are retail uses. East across Highland is also retail and mixed -use. West of the property is single-family and multi -family uses. Proposed Use The applicant is proposing to operate a church in a commercial suite within the building. The site would consist of 14 parking spaces and a single driveway that would be accessed from E. 4th St. The interior of the building would consist of an office, a restroom, storage area, and the gather space. Analysis A church requires one parking space for every 35 square feet of seating area; with 256 square feet of proposed seating area, the site would need to provide seven parking spaces; the site currently has 14 parking spaces, double the required amount. While it should be noted that there is a separate suite on the premises (330 Highland Ave.), there is not currently a business in that suite. In the future, if/when there is a business in 330 Highland Ave., the two operations will share the 14 parking spaces; this will not be an issue due to the church operating on limited hours mostly outside of primary business hours (10 a.m. to 1 p.m. Sundays, 7 p.m. to 9 p.m. Mondays, 7 p.m. to 8:30 p.m. Tuesdays, 7 p.m. to 9:30 p.m. Thursdays, and 6 a.m. to 8 a.m. Saturdays) and the fact that shopping centers with multiple tenants require a parking space for every 200 square feet of retail space. The adjacent suite, 330 Highland Ave. is 1,228 square feet in size, which would only require six parking spaces; the site would have a surplus parking space. 3 196 of 252 Planning Commission Meeting of April 19, 2021 Page 3 Noise impacts are a general point of caution for public assembly uses. There are residential units west of the subject site, but there is a parking lot between the church and the residential neighborhood, which would provide space between the church and the houses. The church entrance is also located on the east side of the property, opposite of the residential lots. In addition to the fact that the hours of operation are limited, a condition of approval for the project is that the church must adhere to the allowable noise levels and must keep their doors closed in order to help alleviate any potential noise concerns. Findings for Approval The Municipal Code contains six required findings for CUPs: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use is allowable within the Minor Mixed -Use Corridor (MXC-1) zone pursuant to a CUP and is consistent with the General Plan and Land Use Code. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy LU-4.3 Promotes infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. The site is an existing commercial building that conditionally permits public assembly. 4. The site is physically suitable for the type, density, and intensity of the use being proposed; including access, utilities, and the absence of physical constraints. The site provides the required parking and would only be in use a limited amount of time outside of primary business hours, limiting potential traffic concerns. 4 197 of 252 Planning Commission Meeting of April 19, 2021 Page 4 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Potential noise from the church will not affect the surrounding properties due to conditions set within the permit requiring that doors and windows be shut during service and noise levels be in compliance with the City's municipal code. In addition, granting the CUP will fill a long-standing vacancy and provide a public service. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). It can be seen with certainty that the project will not have a significant effect on the environment due to the project involving no new development and residing in an existing facility. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. Conditions of Approval The approved hours of operation for the church shall be 10 a.m. to 1 p.m. Sundays, 7 p.m. to 9 p.m. Mondays, 7 p.m. to 8:30 p.m. Tuesdays, 7 p.m. to 9:30 p.m. Thursdays, and 6 a.m. to 8 a.m. Saturdays. The Fire Department requires that and that the applicant shall have a business license prior to operation. The Planning Division requires all doors and windows to remain closed during church services or other activities that may generate excessive noise, that all activities shall comply with the limits set forth in Table III of Title 12 (Noise) of the National City Municipal Code, and that all parking spaces shall conform to minimum standards as contained in section 18.45 (Off-street loading and parking). Summary The proposed project is consistent with the Land Use Code in that it promotes infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. The proposed church would have double the required amount of parking spaces and would be 5 198 of 252 Planning Commission Meeting of April 19, 2021 Page 5 in operation on a limited basis, limiting both the traffic and noise impacts. While there is a residential neighborhood to the west, the entrance for the church is located on the east side of the building and conditions of approval will require that the doors be closed during service and that all required noise levels be met. OPTIONS 1. Approve 2021-02 CUP subject to the conditions listed below, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2021-02 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a later date in order to obtain additional information. ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2021-02 CUP, dated 3/18/2021) 5. Public Hearing Notice (Sent to 74 property owners & occupants) 6. CEQA Notice of Exemption 7. Resolution CHRIS STANLEY Assistant Planner ARMANDO VERGARA Director of Community Development 6 199 of 252 RECOMMENDED FINDINGS FOR APPROVAL 2021-02 CUP — 322 Highland Avenue 1 The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Minor Mixed -Use Corridor (MXC-1) zone pursuant to a CUP, and is consistent with the General Plan and Land Use Code. 2. The proposed use is consistent with the General Plan, because General Plan Policy LU-4.3 promotes infill development, redevelopment, rehabilitation, and reuse efforts that contribute positively to existing neighborhoods and surrounding areas. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the site is an existing commercial building that permits public assembly. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the site is physically suitable for a church because it provides the required parking and would only be in use a limited amount of time outside of primary business hours, limiting potential traffic concerns. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because potential noise from the church will not affect the surrounding properties due to conditions set within the permit requiring that doors and windows be shut during service and noise levels be in compliance with the City's municipal code. In addition, granting the CUP will fill a long-standing vacancy and provide a public service. 6. The proposed project has been reviewed in compliance with CEQA because it can be seen with certainty that the project will not have a significant effect on the environment due to the project involving no new development and residing in an existing facility. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. 7 200 of 252 RECOMMENDED CONDITIONS OF APPROVAL 2021-02 CUP — 322 Highland Avenue General 1. This Conditional Use Permit authorizes the operation of a church at 322 Highland Ave. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2021-02 CUP, dated 3/18/2021. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. The operation of the church shall be permitted for Sundays between the hours of 10 a.m. and 1 p.m., Mondays between the hours of 7 p.m. and 9 p.m., Tuesdays between the hours of 7 p.m. and 8:30 p.m., Thursdays between the hours of 7 p.m. and 9:30 p.m., and Saturdays between the hours of 6:00 a.m. and 8 a.m. 7. All doors and windows shall remain closed during church services or other activities that may generate excessive noise. 8. All activities shall comply with the limits set forth in Table III of Title 12 (Noise) of the National City Municipal Code. 8 201 of 252 9. All parking spaces shall conform to minimum standards as contained in section 18.45 (Off-street loading and parking). Fire 10. Plans are to be designed, fabricated, and installed to code. 11.The project shall be in compliance with the current editions of NFPA, CFC, Title 19, and the City of National City Municipal Codes. 12. Occupant load proposed (49) shall be maintained and not exceeded at any time. 13.The occupant shall request Fire Department official occupant load certificate prior to operation. 14.The occupant shall maintain all code required paths of travel from inside of structure to outside of building at all times. Concentrated tables and chairs may not obstruct paths of egress or exit ways at any time. 15.Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 16.The occupant shall obtain a business license prior to operation. 17. Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the Fire Official. 18.Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 19.The Fire Code Official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for this code. 20. Should any plan corrections be required, the contractor must correct the plans and re- submit to the Fire Department for approval prior to installation. 9 202 of 252 21.Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. 10 203 of 252 CALIFORNIA ATI ONML et- ly 13,31 INCORPORATED COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE OPERATION OF A CHURCH (IGLESIA DE CRISTO) LOCATED AT 322 HIGHLAND AVENUE CASE FILE NO. 2021-02 CUP APN: 556-127-05 The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, April 19, 2021, on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Francis Rodriguez) Due to the precautions taken to combat the spread of coronavirus (COVID-19), City Hall, including the City Council Chambers, are closed to the public. Anyone interested in this public hearing may observe it on the City's website at http://www.nationalcityca.gov/government/city-clerk/council- webcast. The applicant is proposing a church in an existing 1,296 square -foot commercial space at 322 Highland Ave. The property is located in the Minor Mixed -Use Corridor (MXC-1) zone. The proposed operation hours are 10 a.m. to 1 p.m. Sundays, 7 p.m. to 9 p.m. Mondays, 7 p.m. to 8:30 p.m. Tuesdays, 7 p.m. to 9:30 p.m. Thursdays, and 6 a.m. to 8 a.m. Saturdays. Plans are available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., April 19, 2021, who can be contacted at 619-336-4310 or planning nationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION ARMANDO VERGARA Director of Community Development 11 204 of 252 CALIFORNIA Ih1CORYoRATFfl NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Lead Agency: City of National City Project Title: 2021-02 CUP Project Location: 322 Highland Avenue National City, CA 91950 Contact Person: Chris Stanley Telephone Number: (619) 336-4381 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for a church located at 322 Highland Avenue Applicant: Francis Rodriguez Telephone Number: (619) 894-1640 Exempt Status: x Categorical Exemption - Class 1 Section 15301 Existing Facilities (interior alterations- interior partitions) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The project involves no new development and will reside in an existing facility. Date: CHRIS STANLEY Assistant Planner 12 205 of 252 RESOLUTION NO. 2021-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO OPERATE A CHURCH (IGLESIA DE CRISTO) LOCATED AT 322 HIGHLAND AVENUE CASE FILE NO. 2021-02 CUP APN: 556-127-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the operation of a church at 322 Highland Avenue at a duly advertised public hearing held on April 19, 2021, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2021-02 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on April 19, 2021, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because the use is allowable within the Minor Mixed -Use Corridor (MXC-1) zone pursuant to a CUP, and is consistent with the General Plan and Land Use Code. 2. The proposed use is consistent with the General Plan, because General Plan Policy LU-4.3 promotes infill development, redevelopment, rehabilitation, and 13 206 of 252 reuse efforts that contribute positively to existing neighborhoods and surrounding areas. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the site is an existing commercial building that permits public assembly. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints, because the site is physically suitable for a church because it provides the required parking and would only be in use a limited amount of time outside of primary business hours, limiting potential traffic concerns. 5. Granting the permit would not constitute a nuisance, be injurious, or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because potential noise from the church will not affect the surrounding properties due to conditions set within the permit requiring that doors and windows be shut during service and noise levels be in compliance with the City's municipal code. In addition, granting the CUP will fill a long-standing vacancy and provide a public service. 6. The proposed project has been reviewed in compliance with CEQA because it can be seen with certainty that the project will not have a significant effect on the environment due to the project involving no new development and residing in an existing facility. Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the operation of a church at 322 Highland Ave. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, case file no. 2021-02 CUP, dated 3/18/2021. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. 14 207 of 252 The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval. Planning 6. The operation of the church shall be permitted for Sundays between the hours of 10 a.m. and 1 p.m., Mondays between the hours of 7 p.m. and 9 p.m., Tuesdays between the hours of 7 p.m. and 8:30 p.m., Wednesdays between the hours of 7 p.m. and 9 p.m., Thursdays between the hours of 7 p.m. and 9:30 p.m., and Saturdays between the hours of 6:00 a.m. and 8 a.m. 7. All doors and windows shall remain closed during church services or other activities that may generate excessive noise. 8. All activities shall comply with the limits set forth in Table III of Title 12 (Noise) of the National City Municipal Code. 9. All parking spaces shall conform to minimum standards as contained in section 18.45 (Off-street loading and parking). Fire 10. Plans are to be designed, fabricated, and installed to code. 11.The project shall be in compliance with the current editions of NFPA, CFC, Title 19, and the City of National City Municipal Codes. 12.Occupant load proposed (49) shall be maintained and not exceeded at any time. 13.The occupant shall request Fire Department official occupant load certificate prior to operation. 15 208 of 252 14.The occupant shall maintain all code required paths of travel from inside of structure to outside of building at all times. Concentrated tables and chairs may not obstruct paths of egress or exit ways at any time. 15.Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. 16.The occupant shall obtain a business license prior to operation. 17.Requirements that are essential for the public safety of an existing or proposed activity, building or structure, or for the safety of the occupants thereof, that are not specifically provided for by this code, shall be determined by the Fire Official. 18.Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 19.The Fire Code Official is hereby authorized to enforce the provisions of this code and shall have the authority to render interpretations of this code, and to adopt policies, procedures, rules and regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in compliance with the intent and purpose of this code and shall not have the effect of waiving requirements specifically provided for this code. 20. Should any plan corrections be required, the contractor must correct the plans and re -submit to the Fire Department for approval prior to installation. 21.Approval for final sign -off shall be contingent upon final field inspection and compliance with all applicable codes and ordinances. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 16 209 of 252 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of April 19, 2021, by the following vote: AYES: Dela Paz, Flores, Sendt, Natividad, Roman NAYS: Sanchez, Yamane ABSENT: None. ABSTAIN: None. 17 210 of 252 4 Adjacent Suite T II Bathroom 3 Floor Plan - Existing 1/4" = V-0" ATTACHMENT 4 Office Open Plan 18"min 17.5" 30"x48" min clr 60" min dm clr Bathroom \ h 18" clr-' Storage 8'-10' Office Storage 10-63/4' Adjacent Suite A102 speaker area 2 i Floor Plan - New 1/4" = 1'-0" Gathering Space (n) non -bearing interior partition 16-3 I/4- EX'me;t'0r CASE F.LE NO.. 2-6L1-oZ Cu)p l'AIT* 3 - i' - z 1 80 SF 4 I 0 Office 8 125 SF 3 1150 08 A4e86SoNe 1,228 SF 5 1 150 82 f L r .1 Mange 388 SF 2 1300 1.3 Electrical Room Accessory 63 SF 6 1300 0.2 Gathering Sibce A-3 703 SF 1 115 46.8 s 8 142 01 1 ,Area Plan - Occupant Load Analysis 1/8" = 1'-0" SYMBOL LEGEND Unit13 R-2 504 SF T 20r 2.5 - area/room name �-occupancy type - area of mom - occupant load factor -.—occupant load use code (see table below) I� cummulabve occupant load 61••011.6 accessible POT ...�.- -.---. exit access path Use Code Use Description Occupant' Load Factor 1 Worship Gathering Space 15 gross 2 storage 300 gross 3 Office 150gross 4 Bathroom gr pant load 5 Business 150 gross 6 Electrical Roam 300 gross FLOORAREA SUMMARY (322 Highland only) Unit Area Occupant Load Factors Occupant Load Comments Bathroom 80 SF 0 SF 0.0 no occupant load Gathering Space 703 SF 15 SF 46.8 unconcentrated use (tables and chairs) Office 125 SF 150 SF 0.8 accessory use Storage 388 SF 300 SF 1.3 accessory use Total 1,296SF 49.0 (9Z These drawings and specifications are the property and copyright of the architect and shall not be used on any other walk except by agreement with the architect. D) 322 Highland Avenue, National City, CA 91950 oe a zp Faked number, 20038 Drawn by TVS Checked by JLC Purpose Brig Permit A101 18 Floor Pis Anal 211 of 252 The following page(s) contain the backup material for Agenda Item: Authorizing the issuance of a Request for Proposals (RFP) for Towing and Impound Services, for the City of National City. (Finance/Police) Please scroll down to view the backup material. 212 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: Authorizing the issuance of a Request for Proposals (RFP) for Towing and Impound Services, for the City of National City. PREPARED BY: Debra Lunt/Jose Tellez PHONE: 619-336-4582/4510 EXPLANATION: See Attached DEPARTMENT: Finance/Police APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: nance STAFF RECOMMENDATION: Review and approve the issuance of RFP for towing and impound services.. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Background for Current Towing and Impound Contract 3. Draft "Request for Proposal" 213 of 252 Attachment A EXPLANATION: As authorized by the City Council on September 6, 2016, the City of National City executed contracts with two towing contractors to provide towing and impound services for the National City Police Department. Having reached the end of the contract period and exhausting the allowable extensions, the contracts will expire on September 30, 2021. (a chronology of the selection and award process is provided in Attachment A). In late 2020, a working group comprised of representatives from the City Manager, and City Attorney's offices; and the Finance, Police and Neighborhood Services Departments was convened in order to facilitate a timely process for a seamless continuation of services beyond September 30, 2021. Consistent with the City's practice of seeking proposals for contractual services, the working group has drafted a Request for Proposals (RFP) for towing and impound services. The attached RFP is provided to the City Council for review and approval prior to its release (Attachment B). The purpose of the RFP is to obtain a contract to provide towing and impound services for the City for a period of two (2) years from award of the contract, with options to renew up to three (3) additional one year periods. The performance area includes all incorporated areas of the City of National City. The RFP also contains language that the City award contracts to two tow contractors. Upon City Council's approval, staff will advertise the RFP in local newspapers, including the San Diego Union Tribune and The Star News, mail the RFP to the City's vendor list and post on the City's website. The next steps -in the process will include a review and analysis of the proposals by the working group. Site visits to the tow companies that meet the requirements set forth in the RFP will also be conducted. Staff anticipates bringing forth a recommendation to the City Council for the award of the tow contract(s) on August 13, 2021. 214 of 252 Attachment. Background for Current Towing and Impound Contract Meetinq Date May 17, 2016 Sept 6, 2016 Council Action Request for Proposals for towing and impound services were submitted to Council for approval and issuance. After a competitive RFP process, City Council awarded towing contracts to Angelos Towing and Road One Towing for two year term. (Contract Terms: October 1, 2016 through September 30, 2018) October 1, 2018 City Council approves First (1) year Amendment to towing contracts with Angelos Towing and Road One Towing, Inc. extending the terms by one year. (Contract Terms: October 1, 2018 to September 30, 2019) Sept 30, 2019 City Council approves Second (1) year Amendment to towing contracts with Angelos Towing and Road One Towing, Inc. extending the terms by one year. (Contract Terms: October 1, 2019 to September 30, 2020) October 1, 2020 City Council approves Third and final (1) year Amendment to towing contract with Angelos Towing and Road One Towing, Inc. extending the terms by one year. (Contract Terms: October 1, 2020 through September 30, 2021) 215 of 252 CALIFORNIAT .c .. NNTIONAL INCORPORATED CITY OF NATIONAL CITY REQUEST FOR PROPOSAL RFP #: GS2021-1 Title: Towing and Impound Contract Date Issued: May 6, 2021 Proposals Due: Tuesday, June 8, 2021 by 3:30 p.m. Note: Proposals must be received in the Finance Department, at the address below, by the date & time shown. Questions Due: Monday, May 17, 2021 by 3:30 p.m. Last day to submit questions Note: • Proposal is subject to all terms and conditions contained herein. • For information call: Debra Lunt, Buyer (hereinafter "Purchasing Agent") (619) 336-4570 or email: dlunt@nationalcityca.gov ******************************************************************************************** Complete All Information Below. Failure to do so may deem your proposal unresponsive or rejected for being incomplete. Bidding Contractor Information: Company Name: Address: Signature: Printed Name: Date: Phone: Office: Fax: Mobile: Web Address: Email: CITY OF NATIONAL CITY FINANCE DEPARTMENT 1 PURCHASING DIVISION 1243 National City Blvd., National City, CA 91950 Ph (619)336-4570 Fax (619)336-4349 www.nationalcityca.gov 216 of 252 INSTRUCTIONS FOR COMPLETING REQUEST FOR PROPOSALS ("RFP") 1. Where applicable, price each item separately. Prices should be stated per unit(s) specified herein. 2. Proposals must be submitted to, and received by the National City Finance Department / Purchasing Division, 1243 National City Blvd., National City, CA 91950, by the time and date specified on the cover page. Proposals will not be opened until after that time. 3. Proposals must be submitted using the forms and return address label provided as a part of this proposal package. The enclosed label should be attached to the envelope in which the proposal is being mailed, so that it is clearly identified as such. 4. Proposals shall be prepared in ink, by typewriter or on computer. Pencil is unacceptable. Mistakes may be crossed out and corrections inserted adjacent thereto and must be initialed in ink by the person signing the proposal, 5. Proposals received after the prescribed due date will be time stamped and returned to the contractor unopened. (See #2 above.) 6. If you choose to "NO PROPOSAL", or not to respond to this request, return the cover page and state reason; otherwise your name may be removed from the City's contractor list. 7. Should a Bidding Contractor find discrepancies in, or omissions from the specifications, or be in doubt as to their true meaning, Bidding Contractor may promptly request an interpretation from the Purchasing Agent. Any interpretation of, or change to the proposed documents will be made only by an addendum issued to each person to whom specifications have been issued, and shall become part of any contract awarded. The City will not be responsible for any other explanation or interpretations. Any request for an interpretation must be submitted to City Purchasing Agent no later than May 17, 2021 by 3:30 p.m. 3. Failure to respond to any portion of the RFP may be cause for rejection of proposal. 9. Any Bidding Contractor who wishes to withdraw its proposal must do so before the time and date established for opening of the RFPs. 10. If there are any questions or comments relative to technicalities of the proposal, they must be submitted in writing to the City Purchasing Agent no later than May 17, 2021 by 3:30 p.m. 11. Bidding Contractor shall read all attached terms, conditions and specifications • carefully; they are a part of the proposal and shall be submitted'withyyour response on the due date. 217 of 252 STANDARD TERMS AND CONDITIONS FOR REQUEST FOR PROPOSALS 1. EQUAL OPPORTUNITY Each Bidding Contractor is required to have an Equal Opportunity Program of their own, a copy of which must be submitted with the proposal, or otherwise filed with the City's Finance Department. Companies with fewer than fifteen (15) regular, full-time employees at the time of award, are exempt. The object of this program is to assure that vendors will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin, and will take action to assure that applicants are employed and that employees are treated, during employment, without regard to race, color, religion, sex, or national origin. The City of National City, as a matter of policy, encourages the participation of small, disabled -owned businesses. 2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST In submitting a proposal to the City, the Bidding Contractor offers and agrees that if the /proposal is accepted, it will assign to the City all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from services provided by the proposal for sale to the City pursuant to the proposal. Such assignment shall be made and become effective at the time the City tenders final payment to the Bidding Contractor. 3. SIGNATURE All proposals must be signed with the company name and by an authorized officer or employee. The name is to be typed or printed along with signature. Obligations assumed by such signature must be fulfilled. 4. VARIATIONS IN SPECIFICATIONS The City reserves the right to waive a variation in specifications if, in the opinion of the City, such variation does not materially change the item or its performance within parameters acceptable to the City. 5. WARRANTIES Bidding Contractor agrees that the services to be furnished shall be covered by the most favorable commercial warranties the Bidding Contractor gives to any customer for the same or substantially similar services and that the rights and remedies so provided are in addition to and do not limit any rights afforded to the City. 218 of 252 6. FAILURE TO RESPOND In the event your company fails to respond to two (2) consecutive "Request for Bids/Proposals", your company may be deleted from the Finance Department's contractor list. Reinstatement can be accomplished upon request. 7. INDEMNIFICATION The Bidding Contractor shall indemnify, defend, and hold harmless the City, its officers, agents, and employees from any and all claims and losses occurring or resulting to any and all contractors, subcontractors, material, laborers, or any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this proposal, and from any and all claims occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Bidding Contractor in the performance of this RFP. 8. BUSINESS LICENSE All Bidding Contractors conducting business within the corporate limits of the City of National City must procure a business license. (Ref.: NCMC 6.04). Additional information may be obtained by calling the Business License Inspector at (619) 336- 4341. 9. SPECIFICATIONS The specifications contained herein are to be considered as minimum. Bidding Contractors may offer equipment which exceeds these requirements. However, equipment which fails to meet the minimum requirement at the time of inspection shall be considered as non -responsive to our needs. Any additions, deletions or variations to this specification must be stated. Bidding Contractor must furnish descriptive literature, complete specifications and data on the equipment furnished. 219 of 252 TABLE OF CONTENTS I. Objective and Process 1 A. Background 1 B. Definitions 1 C. Scope of Work 5 D. Objective 5 E. Purchasing Agent 6 F. Questions 6 G. Submission of Proposals 6 H. Closing Date 7 T. Late Submissions 7 J. Economy of Preparation 7 K. Content of the Proposals 7 L. Submittals Required Upon Provisional Award 9 M. Acceptability of Proposals .............. 9 N. Evaluation 9 O. Oral Presentations 10 P. Negotiation 10 Q. City's Unilateral Right 10 R. Evidence of Responsibility 10 S. Basis of Award 11 T. Incurred Expenses 11 II. General Requirements 11 A. Roles of the Purchasing Agent and City Contract Administrator. 11 B. Insurance Requirements 12 C. Option to Renew 13 D. Standard Terms and Conditions 14 III. Specific Provisions 14 A. Technical Merit 14 B. Business Hours. 16 C. Contractor's Employees 16 D. Storage Yard 17 220 of 252 TABLE OF CONTENTS (cont.) E. Trucks 18 F. Towing 19 G. Response Time 19 H. Towing Program Fee 19 I. Other Fees 20 IV. Pricing Submittal 20 A. Towing Program Fees 21 B. Towing Charges for City Vehicles 21 C. Storage Fees 21 D, Lien Sale Fees 21 Attachments: A. Towing Fee Schedule 22 B. Bidding Contractor's References 24 221 of 252 I. OBJECTIVE AND PROCESS A, BACKGROUND On a daily basis, officers require vehicles be towed for various purposes. During, calendar year 2020 the National City Police Department (hereinafter "NCPD") initiated non -referral impound towing of approximately 1,975 vehicles. The City of National City (hereinafter "City") does not operate tow trucks, nor does it have sufficient storage for the number of vehicles towed per year. Therefore, it is necessary to contract for such services to assist the NCPD. B. DEFINITIONS ADMINISTRATIVE REVIEW FEE "Administrative Review Fee" is a fee charged to the vehicle owner, operator or agent and is collected by the contractor, on behalf of the City. The fee supports the staff time utilized to process and administer requests and appeals from unlicensed drivers for release for their vehicles prior to the 30 days prescribed by the California Vehicle Code. This includes a hearing with the Police Traffic Supervisor. The "Administrative Review Fee" may be adjusted during the term of the Contract at thediscretion of the City. "Bidding Contractor" is defined as a potential Contractor submitting a Proposal in response to the City's formal Request for Proposals. "Committee" is defined as the Chief of Police, City Attorney, Purchasing Agent and City Manager, or their designees. "Contract" is defined as the agreement between the City of National City and the Contractor(s) chosen as a result of this Request for Proposals (hereinafter "RFP") for the proposed dates of service. "Contract Administrator" is defined as the Chief of Police. "Contractor" is defined as the company(s) selected to be the designated tow truck company(s) during the term of the Contract. "Contractor Rotation" is defined as the on -call rotation schedule determined by NCPD as to whichContractor is on -call at any given time, which schedule will depend on the quantity of chosen Contractors but will be equally arranged. "Contract Year" is defined as any one year, a consecutive 365 day period during the term of this agreement. "Fee Schedule" is defined as the fees charged by a Contractor to the .owner, operator, or agent of the subject vehicle for various services charged by or 2021 Towing Agreement City of National City, 222 of 252 through the Contractor. The fee schedule is approved and authorized by the City Council. The fee schedule includes itemized charges for numerous towing and storage services, including but not limited to, hookup fees, dolly fees, daily storage fees, after -hour release fees, City administrative fees, etc. "Negligent Vehicle Impound Release (NVIR) Fee" is authorized by the City and is paid by the owner to the City, collected through the Contractor. The NVIR Fee is defined as a fee charged to the owner, operator or agent of a vehicle that violated certain specified sections of the California Vehicle Code or National City Municipal Code. The NVIR fee is currently established at one hundred twenty four ($124) dollars. The NVIR fee may be adjusted during the term of the Contract at the discretion of the City. The Contractor, on behalf of the City, collects this fee from the owner, in addition to the other fees the Contractor is authorized to charge and collect, and remits this payment to the City twice a month. NVIR Fee is authorized by California Vehicle Code Section 22850.5.(a). "On -Demand Tow" is defined as the towing of a vehicle by a towing company that has been requested by the vehicle owner, operator, or agent, without police involvement. On -Demand tows may include owners or agents of private property landholders who arrange for vehicle towing service from private property without police involvement. If NCPD becomes involved in arranging for tow service, the matter is considered a "Police Referral Tow". On -Demand Tows are considered independent services outside the scope of the City's Contract. "Police Tow" shall mean the towing of a vehicle at the direction of NCPD where the consent of the owner or operator or their agent of the vehicle is not required under existing law. This shall include, but is not limited to, the towing of vehicles that are illegally parked, abandoned, are evidence in a criminal investigation, are disabled due to a collision (pursuant to Sect. 22500 Cal. Veh. Code), mechanically disabled, or otherwise subject to the authority of NCPD. "Police Referral Tow" is defined as the towing of a vehicle by the NCPD, at the request of the vehicle owner or operator or their agent. Examples include mechanically disabled vehicles, vehicles disabled as a result of collision, or any other circumstances where the public right-of-way is impacted. "Proposal" is defined as a potential Contractor's response/bid to this RFP. "Provisional Award" means the final selection of Contractor(s) recommended by City staff but before City Council has awarded the final Contract. "Purchasing Agent" for the City is defined as the designated position of Buyer in the Finance Departuient. "RFP" means Request for Proposals for the Towing Contract. ID 2021 Towing Agreement City of National City 223 of 252 "Response Time" is defined as the elapsed time between the dispatch of the tow service request by the NCPD Dispatch Center or City employee to the Contractor and the arrival of the specific tow truck type requested to fulfill the tow need on - scene. "Secondary Tow" is defined as the impound of a vehicle on orders of law enforcement under the authority of California Vehicle Code § 22655 or 22655.5 and the vehicle is brought to the NCPD for evidence processing. The secondary tow occurs when NCPD directs the original Contractor to retrieve and store the vehicle on the Contractor's property. "Towing Program Fee" is a fee from Contractor to City and is authorized by California Vehicle Code Section 12110(b). It is defined as a quarterly fee charged to Contractor(s) by the City in connection with the award of a franchise for the towing services for the City. The Towing Program Fee is designed to compensate the City for its actual and reasonable costs incurred by the City to process and administer towing services. The Towing Program Fee may be adjusted during the term of the Contract at the discretion of the City Council, and is payable and set forth in Attachment A. If more than one Contractor is chosen, then the fee is divided equally amongst the number, in equal shares, each quarter. C. - SCOPE OF WORK The purpose of this RFP is to obtain a Contract to provide towing services required by the City for the period of two (2) years from award of the Contract, with options to renew up to three (3) additional one year periods. The Contractor shall provide towing and storage for the City of National City for its towing allowed by law without the owner or agent's consent, provided under the law. The performance area includes all incorporated areas of the City of National City, California. The Contract excludes vehicles that are towed due to impound forfeiture or the City's abandoned vehicles program ("AVA"). Subcontracting by the Contractor for the actual towing service will not be permitted by the City. D. OBJECTIVE The objective of this RFP is to award Contract(s) that deliver the best overall value to the City, including, but not limited to, experience, price, delivery, ability to meet specifications, efficiency, and any and all other factors that may be of benefit to the City related to providing the services outlined in this RFP. It is the City's intent to award Contracts to two Contractors. Contractors will be scheduled for towing services on a rotating schedule. Following award of the Contract(s), the NCPD Traffic Supervisor will provide each Contractor with a schedule. E. PURCHASING AGENT Contractors who have received this RFP from a source other than the Purchasing ll 2021 Towing Agreement City of National City 224 of 252 Agent listed on the cover page of this RFP should immediately contact the Purchasing Agent and provide their name and mailing address to the City, in order that notices of addenda to the RFP, or other communications, can be sent to them. Bidding Contractors who fail to notify the Purchasing Agent with this information assume complete responsibility in the event that they do not receive communications prior to the closing date of the RFP. F. QUESTIONS Each Bidding Contractor is responsible for carefully reading and fully understanding the terms and conditions of this RFP. All contact between Bidding Contractors and the City will be formally made at scheduled meetings or in writing through the Purchasing Agent. Requests for clarification or additional information must be made in writing to the Purchasing Agent and received at the Finance Department address listed on the cover page no later than 3:30 p.m. on May 17, 2021. Such requests should contain the following: "QUESTIONS: RFP #GS2021-1". Only written communications relative to this RFP shall be considered. Hard copy, facsimile, and electronic mail are acceptable methods for submission of questions. It is incumbent upon the Bidding Contractor to verify City receipt of their questions. All questions will be answered in writing. Both questions and answers may be distributed, without identification of the inquirer(s), to all Bidding Contractors who are on record with the Purchasing Agent as having received this RFP via an addendum. No oral communications can be relied upon for this RFP. To the extent that a question causes a change to any part of this RFP, an addendum shall be issued addressing such. G. SUBMISSION OF PROPOSALS Proposals shall be: 1. Submitted in the format set forth herein; 2. Made in the official name of the business or individual under which the Bidding Contractor's business is conducted (including the official business address); 3. Cover page of this RFP signed by a person duly authorized to commit Bidding Contractor to the Proposal; 4. Submitted in a sealed envelope with label provided by City as part of the RFP package firmly attached to the front of the sealed proposal; 2021 Towing Agreement City of National City 225 of 252 5. Addressed to the Purchasing Agent identified on the cover page of this RFP; and, 6. The Bidding Contractor must submit one (1) original cover page and three (3) copies. Attachments shall be provided in the same manner. Failure to submit the proposals in a sealed manner may cause it to be rejected as non -responsive and not acceptable. Faxed or electronically submitted proposals will not be accepted. H. CLOSING DATE Proposals must arrive at the location identified on the cover page of this RFP, received by the City of National City Finance Department on or before the date and time specified on the cover page, in the format set forth herein. There will be no public opening of the proposals. The names of the Bidding Contractors will not be released until announcement of the Provisional Award. I. LATE SUBMISSIONS Bidding Contractors mailing proposals should allow sufficient mail delivery time to insure timely receipt by the issuing office. Any proposal, addenda to proposals, request for withdrawal of proposals arriving after the closing date and time, or modification of a proposal that is not received at the designated location, time and date set forth herein will be considered late and shall not be accepted by the City. Delivery of the proposal to the specified location by the prescribed time and date is the sole responsibility of the Bidding Contractor. A record of late submission, request for withdrawal, or modification of a proposal shall be made in the appropriate City file. J. ECONOMY OF PREPARATION Each proposal should be prepared simply and economically, providing a straightforward, concise description of the Bidding Contractor's offer and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. K. CONTENT OF THE PROPOSAL 1. Proposal Summary The Proposal Summary shall be submitted by the company's management and shall contain a brief narrative or synopsis summary of how the Bidding Contractor's proposal -meets the needs of the City incorporating the Bidding Contractor's understanding of the background, scope of work, and objective as specified in the RFP. 2021 Towing Agreement City of National City 226 of 252 2. The Technical Proposal The information specified herein must be addressed in the technical proposal. The Bidding Contractor must expressly indicate that it satisfies and is fully capable of providing each provision of the RFP. Bidding Contractors shall provide responses to each paragraph in the same order as the RFP citing the heading and then their response. Simple "Yes", "No", or "Comply" responses to stated Specific Provisions and Technical Specifications are insufficient. Rather, the Bidding Contractor must describe in detail how the proposed services meet or exceed the stated Specific Provisions and Specifications and Bidding Contractor shall state their understanding and compliance. Additionally, the Bidding Contractor must explain any exception or deviation from the Specific Provisions and Technical Specifications. Bidding Contractors should also include any other information they feel may be of benefit to the City. Bidding Contractors are urged to read the Specific Provisions and Technical Specifications very carefully and must submit their questions, in writing, by 3:30 p.m., May 17, 2021. Misinterpretation of Specific Provisions and Technical Specifications by the Bidding Contractor shall not relieve the Bidding Contractor of responsibility to perform the contract, if awarded. 3. Submittals Required with Technical Specifications (1) Bidding Contractor's References (Attachment B to this RFP.) (2) Copy of CHP form 234B for trucks assigned to this RFP Failure to provide the required submittals with the proposal may be cause for the proposal to be rejected as non -responsive and unacceptable. 4. Price Aspect of the Proposal Price Proposal Pages Bidding Contractors shall submit their own pricing proposals. The pricing proposals shall be clear, understandable, and in an organized fashion. (Attachment A, Page 22, Bidding Contractor must provide a bid for the Towing Fee Schedule. The City will evaluate submitted bids and determine an appropriate Towing Fee Schedule that will be applicable to each awarded Contractor and may be used as a guide in developing the I '4- 2021 Towing Agreement City of National City 227 of 252 Price Proposal.) 5. Completion and Signing of the RFP Cover Page Contractors must complete and sign the RFP cover page. Failure to submit this signed document may cause the Bidding Contractor's proposal to be rejected. L. SUBMITTALS REQUIRED UPON PROVISIONAL AWARD A. Insurance requirements as specified in Section II, paragraph B of this RFP. B. Names of all Bidding Contractor's employees that will be assigned to the Contract, as specified in Section III, paragraph C of this RFP. C. Failure to provide the required submittals upon Provisional Award, within the time period specified, may be cause for the Provisional Award to be voided and the proposal to be rejected as non -responsive. M. ACCEPTABILITY OF PROPOSALS The Purchasing Agent shall determine which Bidding Contractors have met the requirements of the RFP. Failure to comply with any mandatory requirement will normally disqualify a proposal. The Purchasing Agent and/or Committee shall have the authority to determine whether any deviation from the requirements of this RFP is significant in nature. The Purchasing Agent may waive or permit to be cured minor irregularities or minor informalities in proposals that are immaterial or inconsequential in nature, whenever it is determined to be in the City's best interest. The Purchasing Agent may reject in whole or in part any and all proposals if such is in the City's best interest. N. EVALUATION The City Committee will review the Technical Specifications, Specific Provisions and Price Proposal. Additionally, the City reserves the right to require, during proposal evaluation, that the Bidding Contractor provide a copy of its most current Annual Report or audited Statement of Financial Condition to include a Balance Sheet, Income Statement, and Cash Flow Statement or other acceptable financial information. These documents may be relied on in further determining the Bidding Contractor's financial responsibility. O. ORAL PRESENTATIONS Bidding Contractors may be required to make individual presentations to the 15 2021 Towing Agreement City of National City 228 of 252 Committee, or its designated representatives, in order to clarify their proposals. If the City determines that such presentation is needed, the issuing office will schedule a time and place for oral presentations. Bidding Contractor is required to make the oral presentation within five (5) workdays after request by the City. Each Bidding Contractor should be prepared to discuss and substantiate any of the areas of the proposal submitted, as well as its qualifications to furnish the specified products and services. Notwithstanding the possibility of a request for an oral presentation, Bidding Contractors shall not rely on the possibility of such a request and shall submit a complete and comprehensive written response to this RFP. P. NEGOTIATION Q. The City has the right to accept the best proposal as submitted, without discussion or negotiation. Bidding Contractors should therefore not rely on having a chance to discuss, negotiate or adjust their proposals. CITY'S UNILATERAL RIGHT This RFP creates no obligation on the part of the City to award a Contract(s) or to compensate Bidding Contractors for proposal preparation expenses. The City reserves the unilateral right to cancel this RFP, in whole or in part, or reject all proposals submitted in response to this RFP, when such action is determined to be fiscally advantageous to the City or otherwise in the best interest of the City; the unilateral right to award a contract in whole or in part; to award a contract to one (1) or more Bidding Contractors; to waive or permit cure of minor irregularities; and to conduct discussions with Bidding Contractors in any manner necessary to serve the best interest of the City. R. EVIDENCE OF RESPONSIBILITY Prior to the award of a Contract(s) pursuant to this RFP, the City may require all Bidding Contractors to submit such additional information bearing upon Bidding Contractor's ability to perform the Contract, as the City deems appropriate. A Bidding Contractor may be required to make an oral presentation or a demonstration of its facilities and equipment to the City. The City may also consider any information otherwise available, but not limited to price, technical, and qualifications relative to ability, customer service, capacity, integrity, ethics, performance record, proper levels of insurance, and experience of the Bidding Contractors. S. BASIS OF AWARD Award will be made to the responsible Bidding Contractor or Contractors whose proposal(s) is (are) determined to provide the overall best value to the City, (49 2021 Towing Agreement City of National City 229 of 252 considering evaluation of service capabilities, experience, price, and other factors assessed in this RFP. Technical ranking of proposals will be evaluated in conjunction with the corresponding price ranking to determine a final ranking for each proposal. The City is under no obligation to make award based solely upon financial factors. Monetary or other incentives offered by the Bidding Contractor not contained or required by this RFP will not be considered or be a basis of the award. Any Contract to provide towing services is subject to a substantive city administration review process by the Committee. The Committee will issue a recommendation as to the award and provide a Provisional Award. However, no Contract for towing service shall become effective until the City Council of the City of National City has reviewed and approved the Contract in a City Council meeting. T. INCURRED EXPENSES The City will not be responsible for any expenses incurred by a Bidding Contractor in preparing and submitting a proposal or best and final offer or in making an oral presentation or demonstration. II. GENERAL REQUIREMENTS A. ROLES OF THE PURCHASING AGENT AND CITY CONTRACT ADMINISTRATOR The Buyer ("Purchasing Agent") is the City's authorized representative for all pre- contract matters related to this Contract. Throughout the duration of the RPF period, the Purchasing Agent shall be the individual with authority to modify any provisions of this RFP including, without limitation, the statement of work or pricing. The Chief of Police or designee shall be the principal interface on behalf of the City for post -award technical matters, and shall have the authority to explain and provide further details regarding the City's expectations concerning the work to be performed hereunder and/or the items to be provided herein. The Chief of Police or designee shall have no authority to modify any provisions of this RFP. Contract Administrator for the City of National Citv Chief of Police National City Police Department 1200 National City Blvd National City, CA. 91950 (619) 33.674511 2021 Towing Agreement City of National City 230 of 252 Manaaeinent and Operations Neighborhood Policing Team I Lieutenant National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4519 Inspection & Operational Supervision Traffic Supervisor National City Police Department 1200 National City Blvd National City, CA 91950 (619) 336-4475 B. INSURANCE REQUIREMENTS All required insurance shall be submitted to the City prior to the granting of the provisional award. Failure to provide the insurance certificates as previously set out shall cause the bid to be rejected as non -responsive. The Contractor shall maintain insurance in full force and effect during the entire period of performance under contract. Failure to do so shall be cause for immediate termination of the contract. All policies must have a thirty (30) day cancellation clause, giving the City thirty (30) days prior written notice in the event a policy is cancelled. At the end of each contract year, the City reserves the right to review insurance requirements and to require more or less coverage, depending upon assessment of the risk, the Contractor's past experience, and the availability and affordability of increased liability insurance coverage. Insurance shall be written with only insurers authorized to conduct business in California which hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company of equal financial stability that the City's Risk Manager approves. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements All policies must be endorsed to provide that the insurance afforded by Contractor is primary to any insurance or self-insurance maintained by City and its elected officials, officers, employees, agents, and representatives as respects operations of the Named Insured. Any insurance or self-insurance maintained by City and its 18 2021 Towing Agreement City of National City 231 of 252 elected officials, officers, employees, agents, and representatives shall be in excess of Contractor's insurance and shall not contribute to it. The following coverage is required: Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the City and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location." The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. . ii. Automobile Liability for a minimum of two million dollars combined single limit ($2,000,000.00 CSL) per person and four million dollars ($4,000,000.00) per accident. The City of National City must be named as an additional insured on the certificate. iii. Garage Keepers minimum of one million dollars each occurrence ($1,000,000.00 EO). iv. On Hook/Cargo in amounts not less than fifty thousand dollars ($50,000.00) / twenty thousand dollars ($20,000.00) /one hundred thousand dollars ($100,000.00), the maximum deductible shall be no more than two thousand five hundred dollars ($2,500.00). v. Workers' compensation insurance in an amount sufficient to meet statutory requirements covering all of the Contractor's employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement.. vi. The City does not require a performance bond. If required insurance coverage is provided on a `claims made' rather than `occurrence' form, the contractor shall maintain such insurance coverage for three years after expiration of the term (and -any extensions) of the contract. Any aggregate insurance limits must apply solely to the Contract. The Certificate Holder for all policies of insurance required by this Agreement shall be: 2021 Towing Agreement City of National City 232 of 252 City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with, and approved by the City's Risk Manager. C. OPTION TO RENEW The City of National City reserves the option to renew the Contract for up to three (3) successive one (1) year periods under the terms and conditions herein stated, beginning on the anniversary of the commencement of service, including any amendments. The renewal is contingent on a mutual Contract between the City and the Contractor, with such Contract to be confirmed by the Contract Administrator within sixty (60) days prior to the expiration of the contract period. The City of National City or the Contractor may decline to confirm the renewal of the Contract for any reason whatsoever, which shall render the renewal option null and void. The City's initial letter informing the Contractor of the City's interest in exercising its option to renew the Contract does not constitute an award of the option period. Any option acceptance must be confirmed by the City of National City in writing, before it becomes valid. The City will not grant an option, if the Contractor requests an increase which exceeds the average percentage variant for the previous twelve (12) months in the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the National City area, as published by the Bureau of Labor Statistics, or five percent (5%) whichever is less. If a price increase is requested, the Contractor must provide detailed supporting documentation to justify the requested increase. The City will evaluate the requested increase, and the City reserves the right to accept or reject the requested increase. D. STANDARD TERMS AND CONDITIONS Except as otherwise specified herein, the attached Standard Terms and Conditions are incorporated as part of this proposal and any resulting Contract by reference. By signing and/or authorizing the proposal submittal, the Bidding Contractor acknowledges that they have read and understand the meaning, intent, and requirements of said Standard Terms and Conditions; and acknowledge said Standard Terms and Conditions are included as a part of this bid/proposal. In the event of any conflict between the City of National City Standard Terms and 2o 2021 Towing Agreement City of National City 233 of 252 Conditions and the terms and conditions included in this proposal, the terms and conditions of this proposal shall prevail. III. SPECIFIC PROVISIONS All requirements specified within this RFP are minimum requirements to be included in the Contract, which the Bidding Contractor shall meet in providing services for the City. A. TECHNICAL SPECIFICATIONS Evaluation of the technical specifications of the proposals will be in accordance with the Specific Provisions and Technical Specifications of the Proposal. The Bidding Contractor must satisfy and explicitly respond to all the Specific Provisions and Technical Specifications, including a detailed explanation of how each item listed in the Specific Provisions and Technical Specifications are to be met. The last phase of this technical evaluation will be the ranking by the Purchasing Agent of each qualified proposal on technical merit. 1. Meeting the Specific Provisions and Technical Specifications Evaluation factors will include but are not limited to the technical aspects of the proposal, delivery, feasibility of the proposal, conformity of services proposed to the specifications, and any other factors that may be of value to the City. The Purchasing Agent may request additional technical assistance from any source. 2. Bidding Contractor Experience and Past Performance The City requires established business experience, performance, and references within the past three (3) years (Attachment B). The references listed shall verify that the Bidding Contractor has provided services of a similar scope and nature to those outlined in this RFP, and that they are able to provide information about the quality of Bidding Contractor's past performance. The Bidding Contractor shall verify that references, telephone, and facsimile numbers are valid. When assessing the Bidding Contractor's past performance, the City may consider its experience if the Bidding Contractor worked with the City previously, and may also contact other sources of information, including, but not limited to Federal, State, and Local Government Agencies, Better Business Bureaus, published media, and electronic databases. The City may consider the Bidding Contractor's history of compliance with their local regulations, state law and their zoning and Conditional Use Permits, if they are applicable. 21 2021 Towing Agreement City of National City 234 of 252 3. Inspection The City reserves the right to inspect, without advance notice, the Bidding Contractor's equipment and facilities to determine if the Bidding Contractor is capable of fulfilling the terms of Contract. Inspection will include, but is not limited to, survey of Bidding Contractor's physical assets (including operational ability of all trucks) and financial capability. Bidding Contractor, by signing the proposal, agrees to allow the City or its agents' right of access to physical assets and financial records for the sole purpose of determining Bidding Contractor's capability to perform the contract. The Bidding Contractor shall grant access to facilities/equipment for inspection and financial records in a timely manner. In conducting this inspection, the City reserves the right to disqualify a Bidding Contractor who does not, in the City's judgment, exhibit the sufficient physical and financial resources to perform the Contract. Failure to permit an inspection upon the City's initial request may be cause for disqualification. No notice is necessary to the Bidding Contractor. B. BUSINESS HOURS The business office of the Contractor shall be located within the storage yard for which a towed vehicle is located and be open to serve the public and the City from 8:00 a.m. to 6:00 p.m., Monday through Friday, except for City observed holidays. City observed holidays are: New Year's Day, Martin Luther King Jr. Day, Cesar Chavez Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the Friday immediately thereafter, Christmas Eve, and Christmas Day. C. CONTRACTOR'S EMPLOYEES All drivers must maintain a professional appearance. Staff shall work in a neat and clean uniform. The Contractor(s) shall furnish staff with a shirt or some other type of outerwear bearing the company name and logo. Appropriate clothing will be worn at all times including by employees that are being trained. All employees will conduct themselves in a professional manner when interacting with the public or City employees. Within ten (10) days of provisional award, the Contractor(s) shall provide the NCPD Traffic Division Sergeant with the names of all employees that will be assigned to the contract. Drivers and other employees associated with the 2021 Towing Agreement City of National City 235 of 252 processing and removal of vehicles shall be subject to a complete background investigation. The Contractor will notify NCPD Traffic Supervisor whenever an employee is terminated, or a new employee is hired within ten (10) days and in writing. Contractor(s) shall ensure that all tow truck drivers responding to calls initiated by the City are properly licensed, qualified and competent employees. The Contractor(s) shall ensure all tow truck drivers are trained and proficient in the use of the tow truck and related equipment, including, but not limited to, the procedures necessary for the safe towing and recovery of ALL vehicles. All tow truck drivers shall possess the proper class license and certificates for towing vehicles, along with a Class 'A' endorsement to allow operation of special vehicle configurations and/or special cargos. Contractors' employees shall be qualified to perform all work undertaken by or assigned to them. In the event a driver or the equipment is inadequate and the Contractor is unable to service the request, a charge for service or labor will not be permitted. Operators shall have all tow truck drivers involved with NCPD's rotation tow operations participate in a controlled substance and alcohol testing (CSAT) program. 1) Drivers requiring a Class A, Class B, or commercial Class C license (endorsed for hazardous materials transportation) shall participate in a CSAT program as defined in the Code of Federal Regulations, Title 49, Parts 40 and 382. 2) Those drivers that are not required to possess a Class A, Class B, or commercial Class C license shall be enrolled in a CSAT program substantially similar to the requirements as outlined in Subsection 1 above. 3) The operator shall ensure selection pools for commercially and non - commercially licensed drivers are maintained separately. The operator shall provide proof records of their CSAT programs to NCPD. 4) A driver possessing a non-commercial driver's license who tests positive but subsequently returns with a negative test result shall meet the same reinstatement requirements as a driver required to possess a commercial driver's license. D. STORAGE YARD There shall be a minimum of one (1) vehicle storage yard within a ten (10) mile radius from City Hall, 1243 National City Boulevard, National City, with adequate storage capabilities for all vehicles retrieved from the City and requiring 237 2021 Towing Agreement City of National City 236 of 252 storage. The Contractor shall identify the exact location and size of any storage yards included in their' proposal. No other storage yard may be used for purposes of execution of the Contract with the City in that all vehicles towed from within the City must be stored in the yard within the ten mile radius of City Hall, 1243 National City Boulevard, National City. The storage yard shall be at least 10,000 square feet and have space necessary to accommodate all National City Police Department tows and comply with all applicable local and state regulations (including but not limited to: National City Municipal Code and California Fire, Sign, Zoning, and Building Codes). There shall also be the following: 1. Be completely enclosed by a building or an 8-foot uniform high solid fence or wall with a lockable gate. 2. Alarms and intrusion sensors that provide immediate notification capabilities at all times or similar devices or security measures. 3. Sufficient lighting to detect unauthorized entrance at night. 4. All areas open to vehicular traffic shall be paved with cement, asphalt surfacing or oil and aggregate mixture. 5. The entire site is to be continuously maintained to prevent accumulation of trash, combustible waste, and hazardous debris. 6. The storage yard must be a reasonable distance from public transportation. 7. The storage yard is to be served by drainage capabilities to prevent the accumulation of water. 8. Stored vehicles shall be arranged to provide reasonable and immediate inspection at any time by the City's agents. The Contractor shall provide service to the public twenty-four (24) hours a day, seven (7) days a week so that an owner may pay towing and storage fees at the Storage Yard where their vehicle is stored and obtain its release. The Contractor is responsible for the reasonable care, custody, security, and control of any property contained in towed or stored vehicles. All items removed from a vehicle or left stored within the vehicle shall be released to the owner or agent of the impounded vehicle upon demand during normal business hours unless the vehicle is under law enforcement hold. Vehicles may not be taken off -site of the Storage Yard, without the City's 2021 Towing Agreement City of National City 237 of 252 permission. E. TRUCKS The Contractor shall provide equipment capable of providing the following services: 1. Towing of large oversized vehicles as defined in Attachment A; 2. Towing from off road areas; 3. Towing in underground garages; 4. Wheel li$ towing; and 5. Rollback towing. All tow trucks shall meet the California Highway Patrol (the "CHP") requirements relating to Tow Trucks and the California Vehicle Code standards for design, equipment, and safety for the driver, operator, and public. Proof of certification by the CHP must be submitted with the proposal. All tow trucks used by the Contractor(s) in performance of the Contract shall be equipped with a system that enables the driver of the tow truck to immediately communicate with the Contractor's dispatch center. F. TOWING The Contractor(s) shall tow all forfeited vehicles, as directed by the City. The Contractor(s) shall not drive the forfeited vehicles except to move them within the storage facility. Use of vehicles for personal or other use than as herein prescribed is strictly prohibited. G. RESPONSE TIME The Response Time for Towing Service shall not exceed twenty (20) minutes. Response Time is defined as the elapsed time between the Police dispatch of the tow service request by the City to the Contractor by the Police Dispatch Center and the arrival of the tow truck on scene. The Contractor is expected to dispatch any available tow truck immediately upon receipt of a towing request. The Contractor is expected to notify Police Dispatch Center when the response as 2021 Towing Agreement City of National City 238 of 252 time requirement cannot be met. The Police Dispatcher or the officer at the scene will have the discretion to cancel the tow if the response time cannot or is not met and re -dispatch to the alternate Tow Contractor, at no cost to City. Contractor(s) shall pay a five hundred dollar ($500.00) penalty, if more than five percent (5%) of the tows in any calendar month period exceed the maximum response time requirement. This is calculated based on individual tow per any single request by the City for emergency towing services and not average response times. Failure to meet Response Time requirements may result in termination of this Contract. H. TOWING PROGRAM FEE The Contractor(s) shall make quarterly Towing Program Fee payments to the City, as permitted pursuant to Vehicle Code Section 12110. The quarterly Towing Program Fee payment amount shall be fifty four thousand seven hundred twenty two dollars ($54,722), for an annual total of $218,889, to be divided in equal shares between the designated Contractors. The Towing Program Fee is payable to the City on the fifteenth day of the calendar month following the end of each fiscal quarter. The designated Towing Program Fee payment shall be payable for the length of the contract subject to annual adjustments. No part of the Towing Program Fee payment shall be refunded or forgiven if this contract is terminated for any reason. The Towing Program Fee is payable to "City of National City." Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 (Payments to be identified as: Towing Program Fee for the quarter of .) I. OTHER FEES The Contractor shall be responsible for collecting and paying to the City any pass- through fees authorized by state and local regulation (i.e., Administrative Review Fee and NVIR). These are fees paid by the vehicle's owner or their agents to the City, collected by the Contractor before release. Such fees collected by Contractor shall be due and payable to City no later than the fifth (5th) day of each month, and the twentieth (20th) day of each month. Payments due on the fifth (5th) day of each month shall include and account for all vehicles released by Contractor between the sixteenth (16th) day of the month aLp 2021 Towing Agreement City of National City 239 of 252 and the last day of the month (inclusive). Payments due on the twentieth (20th) day of the month shall include and account for all vehicles released by Contractor between the first (1st) day of each month and the fifteenth (15th) day of the month (inclusive). Payments shall be directed as follows: Operations Assistant National City Police Department 1200 National City Blvd. National City, CA 91950 (Payments to be identified) IV. PRICING SUBMITTAL The price proposal shall address all items identified below and incorporated in the attached Fee Schedule, along with any other charges. A. TOWING PROGRAM FEE 1. Fees Contractor(s) shall make quarterly designated Towing Program Fee payments to City for the right to provide towing and storage service to City. The Towing Program Fee payment amounts by the Contractor(s) shall be combined to be fifty-four thousand seven hundred and twenty two dollars ($54,722) per quarter, divided equally. 2. Towing Program Fee - Due Date The Towing Program Fee payment shall be due and payable no later than the fifteenth (15th) day of the calendar month following the end of each quarter. 3. Towing Program Fee - Late Fee Any amount owed City beyond the due date shall accrue interest each day the amount due is not paid, at an annual rate equal to twelve (12%) percent per annum, or at the maximum rate permitted by applicable law, whichever is lower. B. TOWING CHARGES FOR CITY VEHICLES Contractor agrees not to charge City a fee for the towing of marked or unmarked City police vehicles within the jurisdictional limits of National City. 2021 Towing Agreement City of National City 240 of 252 Contractor shall charge City 25% of the Basic Tow Fee for the towing -of all other City vehicles within the jurisdictional limits of National City. Contractor agrees that the fees for towing all City vehicles occurring outside the jurisdictional limits of National City shall be resolved between the Contract Administrators but shall not exceed 25% of the basic tow fee. C. STORAGE FEES Daily storage fees for City vehicles, seized vehicles, and vehicles for evidentiary purposes shall not exceed 25% of the regular daily storage fee. D. LIEN SALE FEES Any and all fees associated with the disposition of vehicles whether paid by City or public, as provided by law. 2S 2021 Towing Agreement City of National City 241 of 252 ATTACHMENT"A" (Bidding Contractor must provide a bid for the below Towing Fee Schedule. The City will evaluate submitted bids and determine an appropriate Towing Fee Schedule that will be applicable to each awarded contractor.) TOWING FEE SCHEDULE SERVICE FEE BASIC TOWING Includes First Hour Hookup, Labor, Standby Time, for vehicles Under 9,500 GVW (unloaded). MEDIUM SIZE - BASIC TOWING Includes first hour hookup, labor, stand-by time, for vehicles over 9,500 GVW but less than 22,000 GVW (unloaded). LARGE SIZE - BASIC TOWING Includes first hour hookup, labor, and standby time, for vehicles over 22,000 GVW (unloaded). ON -SCENE or STAND-BY LABOR Each 15-minute increment, beyond first hour. Is charged only when extra ordinary labor must be expended to recover a vehicle. Stand-by is charged when the job cannot be started and must be explained on the tow bill. DOLLIES: Will only be used when there is not a less expensive, safe manner of handling the situation. DRY RUN May also be known as a "hook-up — drop fee" and is charged when the vehicle is hooked up and the owner returns before the vehicle is in transit. PER MILE TOWING Applies only to vehicles recovered outside the jurisdiction of the city of National City. MAXIMUM STORAGE — PER DAY Per day is defined as a 24-hour period. lc\ 2021 Towing Agreement City of National City 242 of 252 STORAGE PER HOUR The maximum daily hourly storage rate, not to exceed the maximum storage -per day rate. AFTER HOURS VEHICLE RELEASE After 5PM and before 8AM, including weekends and all City - observed holidays NOTIFICATION OF LIEN SALE Vehicle valued at less than $4.000, (22851.12 CVC). NOTIFICATION OF LIEN SALE Vehicle valued at over $4,000. (22851.12 CVC). POLICE EQUIPMENT TOWING Inside jurisdictional limits of National City. No Charge CITY EQUIPMENT TOWING AND STORAGE Includes all City vehicles. Also includes police vehicles towed from outside jurisdictional limits of National City. 25% of Basic Towing Fee EVIDENTIARY TOWING AND STORAGE Daily storage fees for City vehicles, seized vehicles, and vehicles for evidentiary purposes 25% of daily storage fee 25% of Basic Towing Fee TOWING OF VICTIMS' VEHICLES 2021 Towing Agreement City of National City 243 of 252 ATTACHMENT "B" BIDDING CONTRACTOR'S REFERENCES The Bidding Contractor is required to provide a minimum of five (5) references where work of a similar size and nature was performed within the past three (3) years. This will enable the City of National City to judge the responsibility, experience, skill, and business standing of the Bidding Contractor. REFERENCES Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: - Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: 101 2021 Towing Agreement City of National City 244 of 252 BIDDING CONTRACTOR'S REFERENCES (cont) Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: Company Name: Contact Name: Address: Phone Number: Fax Number: Dollar Value of Contract: $ Contract Dates: Requirements of Contract: 2021 Towing Agreement City of National City 245 of 252 CALIFORNIA -� NATIONAL ant lNCODPONATFD ' To: City of National City Finance Department 1243 National City Blvd. National City, CA 91950 RFP #GS2021-1 Due: 6/8/21 33 2021 Towing Agreement City of National City 246 of 252 247 of 252 The following page(s) contain the backup material for Agenda Item: City Council 2021 Legislative Recess. (City Clerk) Please scroll down to view the backup material. 248 of 252 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 4, 2021 AGENDA ITEM NO. ITEM TITLE: City Council 2021 Legislative Recess (City Clerk) PREPARED BY: 'Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk PHONE: (619) 336-422$, EXPLANATION: (See Report (Attachment A) for more information) DEPARTMENT: City Clerk's Office APPROVED BY: Slelley ekapeC FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff requests City Council direction on observing a legislative recess. Should the Council desire a recess, it is recommended that the Council consider the month of July. In accordance with National City Municipal Code (NCMC) Section 2.04.020, any Regular Meeting may be dispensed with a vote. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Attachment A — Staff Report 249 of 252 ATTACHMENT A STAFF REPORT City Council 2021 Legislative Recess Since 2014, the City Council (Council) has observed a legislative recess during the summer to provide City staff and Elected Officials an opportunity to catch up on work, reenergize, and prepare for the start of a new fiscal year. The purpose of this agenda item, is to determine whether the City Council would like to once again consider a legislative recess in 2021. Background Observing a legislative recess from a City Council Meeting Schedule is practiced by a number of San Diego cities that recess both in the summer and winter. Some cities, including State Legislature, and quasi -governmental entities, such as the San Diego Association of Governments (SANDAG), recess over an entire month, generally in the summer. For the past two (2) years, the Council voted to recess during the month of July. Prior to that the City Council voted to recess during the month of July four (4) times, and in August one (1) time. This is consistent with City Council Policy #104 Section III Meetings (H): H. City Council Recess Periods: The City Council has traditionally observed a recess period during the summer to provide elected officials and staff an opportunity to catch up on work, reenergize after a lengthy budget and strategic planning process, and prepare for the start of a new fiscal year. For purposes of this policy, a recess period is defined as a period of time longer than thirteen (13) days without a regular or special meeting of theCouncil. Discussion To assist the City Council with its decision, please note the following: There are five (5) Tuesdays in June. Should the City Council recess in July, there would be seven (7) weeks between meetings (June 15 — August 3). As a reminder, the first meeting in August (this year August 3rd), typically begins at 5:00 p.m. due to the "National Night Out Against Crime" event. Recommendation Staff requests City Council direction on observing a legislative recess. Should the City Council desire a recess, it is recommended that the Council consider the month of July. In accordance with National City Municipal Code Section 2.04.020, any Regular Meeting may be dispensed with a vote. 250 of 252 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 251 of 252 Item # 05/04/21 City Manager Report (City Manager) 252 of 252