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Agenda Packet - 06-01-2021 CC HA Agenda
CALIFORNIA NATIONAL CIf l 1 3'./ INCORPORATE 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, JUNE 1, 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 731 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 emailed to the City Council Members and made a part of the official record. 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(c�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. 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 2 of 731 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 leyes 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 to 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 to 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 PublicCommentnationalcityca.qov, proporcione el numero del tema o asunto de la agenda y el titulo del tema o asunto en la linea de asunto de su correo electronico. Los comentarios o testimonios publicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto especifico de la agenda, indique Comentario Publico General en la linea de asunto. Todos los comentarios por correo electronico recibidos antes de las 4:00 p.m. del dia de la sesion se enviaran por correo electronico a los miembros del Concejo Municipal y formaran parte del acta oficial. 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 3 of 731 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. ,Preguntas sobre comentarios publicos o protocolos del Concejo Municipal? Comunrquese con la Oficina de la Secretaria del Ayuntamiento al telefono (619) 336-4228, o por correo electronico a Clerk(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 consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. 4 of 731 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 731 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 1. Introduction of New Employee - Gabriela M. Torres, Deputy City Attorney PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 2. Citywide Communications Update. (Tony Winney, Assistant City Manager; Lauren Maxilom, Management Analyst II; Rachel McGuire, President/CEO, RMG Communications) 1. Community and Police Relations Commission (CPRC) 2018, 2019 and 2020 Annual Reports. (Mike Lesley, CPRC Chairman) INTERVIEWS / APPOINTMENTS 4. Appointments: City Boards, Commissions and Committees - City Council Appointment. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 5. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinance or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 6. Approval of City Council and Community Development Commission - Housing Authority of the City of National City Virtual Regular Meeting Minutes: April 20, 2021, and City Council of the City of National City Virtual Special Meeting Minutes April 20, 2021 (City Clerk's Office) 6 of 731 7. Resolution of the City Council of the City of National City supporting increased broadband access to bridge the digital divide throughout the San Diego region. (City Manager) 8. Resolution of the City Council of the City of National City approving City Attorney's request for authority to participate in the San Diego County Bar Association's Diversity Pledge. (City Attorney) 9. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Termination of a Notice of Assurances to the State of California of the Use of Property and/or the State of California's Right of Recapture for Kimball Highlands located at 1221 "D" Avenue. (Housing Authority) 10. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Termination of a Notice of Restriction on Real Property located at 1320 Highland Avenue. (Housing Authority) 11. Resolution of the City Council of the City of National City authorizing the City Manager to execute and accept a Quit Claim Deed that reverts the recording of a Grant Deed on May 13, 2021 for the property located at 140 West 18th Street, National City; and authorizing the City Manager to execute and accept a Grant Deed previously approved by City Resolution 2021-36 at the close of escrow on or before June 30, 2021. (Housing Authority) 12. Resolution of the City Council of the City of National City authorizing the City Manager to execute an Affordable Housing and Sustainable Communities ("AHSC") Implementation and Mutual Indemnity Agreement with the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Inc. (MAAC Project), a 501(c)3 non-profit organization, for the City's implementation of transportation infrastructure or transit -related amenities with a total budget of $6,750,000 within the vicinity of a proposed 400-unit affordable housing project at 233 Roosevelt Avenue in National City. (Engineering/Public Works) 13. Resolution of the City Council of the City of National City authorizing the installation of "No Truck Parking" signage on the east side of Highland Avenue, north of E. 2nd Street, to increase parking turnover for customers and employees of the nearby businesses and to enhance street safety (TSC No. 2021-07). (Engineering/Public Works) 14. 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 1540 Harding Avenue (TSC No. 2021-08). (Engineering/Public Works) 15. Resolution of the City Council of the City of National City authorizing the installation of a Stop Control sign for the three T-intersections within the 7 of 731 neighborhood bounded by "G" Avenue, between E. 19th Street and E. 22nd Street (TSC No. 2021-09). (Engineering/Public Works) 16. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of Earle Drive and E. 16th Street in order to enhance safety and visibility for drivers exiting Earle Drive onto E. 16th Street (TSC No. 2021-10). (Engineering/Public Works) 17. Warrant Register #42 for the period of 4/14/21 through 4/20/21 in the amount of $2,346,196.31. (Finance) 18. Warrant Register #43 for the period of 4/21/21 through 4/27/21 in the amount of $1,139,452.53. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 19. Public Hearing, second reading and adoption of an Ordinance of the City Council of the City of National City amending National City Chapter 9.52 of the National City Municipal Code regarding the Mandatory Commercial and Residential Recycling Program according to SB 1383. (Engineering/Public Works) 20. Public Hearing and adoption of a Resolution of the City Council of the City of National City confirming the costs of Weed Abatement and Approving the report and account for such, after having considered any objections or protests; pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards). (Fire) 21. Public Hearing and adoption of a Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. (Planning) NON CONSENT RESOLUTIONS 22. Resolution of the City Council of the City of National City authorizing the Mayor to enter into a Memorandum of Agreement with the County of San Diego by and through its Health and Human Services Agency (HHSA) Mobile Crisis Response Team (MCRT) for broad range of health and social services to community residents including trauma —informed behavioral health services. (Police) 23. Resolution of the City Council of the City of National City approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and authorizing the Mayor to execute the Agreement.(Engineering/Public Works) 8 of 731 24. Resolution of the City Council of the City of National City approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and authorizing the Mayor to execute the Agreement. (Engineering/Public Works) 25. Resolution of the City Council of the City of National City adopting the 24th Street Transit -Oriented Development Overlay (TODO) Plan. (Applicant City - Initiated) (Case File 2021-07) (Planning) 26. Resolution of the City Council of the City of National City adopting a budget for fiscal year 2022. (Finance) NEW BUSINESS 27. National City Chamber of Commerce COVID-19 Economic Recovery Proposal. (Chad Matkowski, President and CEO, National City Chamber of Commerce) 28. Discussion on City Council Policy No. 110 entitled "Display of Flags". (City Manager) 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 29. Update on City Sponsored Events. (Community Services) 30. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT 9 of 731 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - June 15, 2021 - 6:00 p.m. - Council Chambers - National City, California. 10 of 731 The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Gabriela M. Torres, Deputy City Attorney Please scroll down to view the backup material. 11 of 731 Item # 6/1/21 Introduction of New Employee Gabriela M. Torres, Deputy City Attorney (City Attorney) 12 of 731 The following page(s) contain the backup material for Agenda Item: Citywide Communications Update. (Tony Winney, Assistant City Manager; Lauren Maxilom, Management Analyst II; Rachel McGuire, President/CEO, RMG Communications) Please scroll down to view the backup material. 13 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Citywide Communications Update. (Tony Winney, Assistant City Manager; Lauren Maxilom, Management Analyst II; Rachel McGuire, President/CEO, RMG Communications) PREPARED BY: Lauren Maxilom, Management Analyst II DEPARTMENT: City a .g-r's Office PHONE: (619) 336-4289 APPROVED BY: EXPLANATION: Communication is one of National City's core values and integral to the continued success of the organization. The City Manager's Office strives to communicate openly, honestly, and with clear, consistent messages in order to connect the community. National City's Communications Strategy provides a roadmap for National City to have a clear, consistent voice through leveraging internal and external communication resources to build public trust and confidence, improve emergency preparedness and promote educational and economic opportunities. We communicate with our residents, businesses and community in a variety of ways in order to achieve effective engagement through consistent messaging utilizing the City's website, social media channels, public meetings and workshops, newsletters, printed collateral, advertising, and more. A PowerPoint presentation will be provided which will highlight our communication efforts over the last year, including COVID-19 outreach efforts. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Receive and file. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: None. 14 of 731 The following page(s) contain the backup material for Agenda Item: Community and Police Relations Commission (CPRC) 2018, 2019 and 2020 Annual Reports. (Mike Lesley, CPRC Chairman) Please scroll down to view the backup material. 15 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Community and Police Relations Commission (CPRC) 2018, 2019 and 2020 Annual Reports. (Mike Lesley, CPRC Chairman) PREPARED BY: Lauren Maxilom DEPARTMENT: CityMana is Office PHONE: (619) 336-4289 APPROVED BY: - EXPLANATION: 7 The Community and Police Relations Commission (CPRC) duties include submitting an annual report of its activities, finding and recommendations to City Council. Due to the COVID-1 9 pandemic, the CPRC delayed finalizing the 2019 Annual Report. The 2018, 2019 and 2020 Annual Reports are before you tonight for consideration. FINANCIAL STATEMENT: ACCOUNT NO, N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE; INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Accept and file BOARD / COMMISSION RECOMMENDATION: •CPRC voted unanimously on February 21, 2019 to —approve the 2018 Annual Report. CPRC voted unanimously on November 19, 2020 to approve the 2019 Annual Report. CPRC voted in a majority to May 20, 2021 to approve the 2020 Annual Report. ATTACHMENTS: 1. Exhibit A - CPRC 2018 Annual Report 2. Exhibit B - CPRC 2019 Annual Report 3. Exhibit C - CPRC 2020 Annual Report 116of731 Exhibit A CALJFORNIA IIONAL-CM DSPOa*'r Community andPoliceRelations Commission Memorandum To: Mayor and City Council Cc: City Manager's Office From: Victor Barajas, Chairman - Community and Police Relations Commission RE: 2018 Annual Report Background In October 2003, the Mayor and City Council established the National City Community and Police Relations Commission (CPRC). The Commission should be comprised of eight individuals appointed by the Mayor and approved by the City Council. Of the eight members, seven are voting members and one is a non -voting member. Of the seven voting members, five must be residents of National City. The non -voting member is a member of the National City Police Officers Association (NCPD-POA). The terms of the membership are three years, subject to reappointment by the City Council. The Commission meets on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chamber of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, unless otherwise designated. 2018 Year End Review During the 2018 year in review, the National City Community Police Relations Commission updated the committees training bi-laws to require that all commissioners, at minimum, attend two law enforcement/policy trainigs per year. With the objective being better preparation for all commissioners to be effectively cycled through CPRC's Complaint Review Sub -Committee. 17 of 731 In an effort to prevent future backlogs of in IA case reviews; the commission also voted to amend the, then current, bi-laws concerning the Complaint Review Subcommittee and the manner in which the committee went about reviewing active cases. As amended, the sub -committee is now required to meet with NCPD's Internal Affairs Department a minimum of once per month in order to review cases. During the year in review, both the February and May meeting were canceled due to lack of quorum however, two newly Commissioners were also appointed and welcomed; (Michael Lesley and Candy Morales). Commissioner Lesley attended his first meeting during the month of November and, Commissioner Morales is scheduled to, as of the time of this report, to attend her first meeting in February of 2019. These additional appointees will give the Commission added flexibility to accommodate Commissioner Absences without risk of canceling regularly scheduled meetings. In addition to the new members welcomed by the Commission during the year, the following personnel changes also occurred: • Nancy Estolano stepped down as Commissioner. • Victor Barajas and Diana Plazola were re -appointed as Chairman and Vice - Chairman respectively with a majority vote by the Commission. • Victor Barajas and Diana Plazola were re -appointed to the Complaint Review Subcommittee. Cases Reviewed in 2018 During the 2018 calendar year, a total of 7 cases were brought to before the commission for review; of the 7 cases, the Commission unanimously supported the findings of NCPD on 4 cases with no further action being required on the remaining 3 cases. Current Status of Complaints • As of the date of this report, approximately 10 cases are ready for review by the complaint review sub -committee. *Note: All complaints that are reviewed by CPRC Complaint Review Subcommittee are taken to the entire Commission in closed session for discussion and determination. * Training/Special Presentations • Annual NACOLE Conference — As a cost savings measure; the commission voted not to send a representative to the conference for 2018. The Commission will re- assess in 2019 to determine whether sending representation would be appropriate. • City Council Policy # 119 Code of Ethics and Conduct. • Public Records Act and Brown Act — Deputy City Attorney Robby Contreras and City Attorney, Angil Morris -Jones. 18 of 731 Complaint Review Subcommittee Victor Barajas and Diana Plazola continued as primaries in the Complaint Review Sub - Committee. Victor Gonzalez was appointed as an alternate in the wake of former Commissioner Bailey's departure. 2018 Attendance February Canceled due to lack of quorum. May Canceled due lack of quorum. August Present — Victor Barajas; Gil Garcia; Zachary Gomez; Victor Gonzalez; Diana Plazola (Voting Members) Phillips, Bill (non -voting member) November Present — Victor Barajas; Gil Garcia; Zachary Gomez, Michael Lesley; Diana Plazola (Voting members) Absent — Victor Gonzalez. Present — Bill Phillips (non -voting member) 2019 Goals • Continue the development of complaint review practices. • Actively pursue community outreach. 19 of 731 Exhibit B CALIFORNIA NA.TL.9N(1L -€In INCORPORATED 72) Community and Police Relations Commission Memorandum To: Mayor and City Council CC: City Manager's Office From: Chairman, Michael Lesley and former Chairperson Candy Morales Re: 2019 Annual Report Background The National City Community and Police Relations Commission (CPRC) was established in October 2003 under the leadership of the Mayor and City Council. Commissioners are appointed by the Mayor and approved by the City Council. The Commission is comprised of eight individuals of which only seven members are voting members. The one non -voting member is a member of the National City Police Officers Association (NCPD/POA). Commissioner terms are three years and subject to reappointment by the City Council. The Commission meets quarterly on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chamber of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, CA 91950, unless otherwise designated. 2019 Year Review During the beginning of the 2019 calendar year the Commission was composed of the following members, Chair Victor Barajas, Vice -Chair Diana Plazola and Commissioners Victor Gonzalez, Gill Garcia and Zachary Gomez, including NCPD/POA non -voting member Bill Philips. The Commission appointed three (3) new commissioners, Candy Morales (2/21/19), Marianne Delatorre (8/15/19) and Daniel Orth (8/15/19). Additionally, on February 21, 2019, NCPD/POA non -voting member Daniel Long was designated to serve on the Commission. On November 21, 2019, the Commission elected Commissioner Morales, to serve as Chair and Commissioner Lesley to serve as Vice -Chair from November 2019 — November 2020. 1 20 of 731 Complaint Review Subcommittee On February 21, 2019, Michael Lesley and Candy Morales were appointed as primaries in the Complaint Review Subcommittee. Zachary Gomez was appointed as an alternate. This subcommittee continues to meet with National City Police Department (NCPD) - Internal Affairs (IA) Department on a monthly basis. All complaints that are reviewed by this subcommittee are presented to the entire Commission in a closed session for further review and discussion. Cases Reviewed in 2019 A total of seven (7) cases were brought before the commission for review. On August 15, 2019, the Commission unanimously supported the findings of the NCPD-IA on four (4) cases, determined no further action was necessary on one (1) case and took no action on one (1) case. On November 21, 2019, the Commission unanimously supported the findings of the NCPD-IA on one (1) case. Training and Special Presentations / Discussions The annual (NACOLE) Conference: • As a cost savings measure, the commission voted not to send a representative to the 2019 conference. The Commission will reassess in 2020 to determine whether sending representation would be appropriate. National City Police Department: • Presentation on Police Accountability, presented by National City Police Sergeant Antonio Ybarra (8/15/19). • Discussion of National City's Homeless Outreach Efforts, presented by National City Police Corporal Walter Wade and Neighborhood Services Manager Joe Olson (11/21/19). City Staff: • Senate Bill 1421 (Peace Officer Records), presented by Deputy City Attorney Robby Contreras (2/21/19). • Presentation on Gun Violence Restraining Orders Penal Code Sections 18100-18197, presented by Senior Assistant City Attorney, Nicole Pedone (5/16/19). • Public Records Act and Brown Act, presented by Deputy City Attorney Robby Contreras and city Attorney Angil Morris -Jones (11/21/19). 2 21 of 731 Meeting Attendance for 2019 Thursday, February 21, 2019: Voting Members Present — Barajas, Garcia, Gomez, Lesley, and Morales. Non -Voting Members Present — Daniel Long (NCPD/POA) Excused Absences — Commissioner Victor Gonzalez Thursday, May 16, 2019: Voting Members Present — Gomez, Lesley, Morales and Plazola. Non -Voting Members Present — Daniel Long (NCPD/POA) Thursday, August, 15, 2019: Voting Members Present — Barajas, Delatorre, Gomez, Lesley, Morales, Orth and Plazola. Non -Voting Members Present — Daniel Long (NCPD/POA) Thursday, November 21, 2019: Voting Members Present — Barajas, Delatorre, Gomez, Lesley, Morales, and Orth. Non -Voting Members Present — Daniel Long (NCPD/POA) Excused Absences — Commissioner Diana Plazola 2020 Goals 1. Continue the development of complaint review practices. 2. Increase subcommittee case reviews. 3. Pursue community outreach and engagement efforts. 3 22 of 731 Exhibit C CALIFORNIA _- NATIONAL CM( LNCORPORATEI Community and Police Relations Commission Memorandum To: Mayor and City Council CC: City Manager's Office From: Chairman, Michael Lesley and former Chairperson Candy Morales Re: 2020 Annual Report During the first quarter of 2020, the World Health Organization declared the COVID-19 outbreak a global pandemic and local and state emergencies declared providing reprieve from certain public meeting laws. The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains a top priority. As a result, the National City Community and Police Relations Commission Meeting transitioned from in person meeting to online in August to ensure the safety of City residents, employees and the communities. Background The National City Community and Police Relations Commission (CPRC) was established in October 2003 under the leadership of the Mayor and City Council. Commissioners are appointed by the Mayor and approved by the City Council. The Commission is comprised of eight individuals of which seven members are voting members. The one non -voting member is a member of the National City Police Officers Association (NCPD/POA). Commissioner terms are three years and subject to reappointment by the City Council. The Commission meets quarterly on the third Thursday in the months of February, May, August and November at 6:00 p.m. in the Council Chamber of the National City Civic Center, 1243 National City Boulevard, 2nd Floor, National City, CA 91950, unless otherwise designated. 2020 Year Review During the beginning of the 2020 calendar year the Commission was composed of the following members, Chair Candy Morales, Vice -Chair Michael Lesley and Commissioners Marianne 1 23 of 731 Delaton-e, Zachary Gomez, Daniel Orth, Diana Plazola and M. Christine Stein including NCPD/POA non -voting member, Daniel Long. On November 21, 2019, the Commission elected Commissioner Morales, to serve as Chair and Commissioner Lesley to serve as Vice -Chair from November 2019 — November 2020. May 19, 2020 the City Council amended Policy 107 Appointments to Boards and Commissions Section G. Only City Residents may be elected to Chair. To be eligible to be elected as the Chairperson of a City Board, Committee or Commission, the member must be a resident of the City. Chairperson Morales is not a National City resident and therefore on August 20, 2020, the Commission elected Commissioner Lesley to serve as Chair and Commissioner Delatorre to serve as Vice -Chair from August 2020 — August 2021. Complaint Review Subcommittee The complaint review subcommittee is scheduled to meet with National City Police Department (NCPD) - Internal Affairs (IA) Department on a monthly basis per Bylaws, Article V Section 4. All complaints that are reviewed by this subcommittee are presented to the Commission in closed session for further review and discussion. Due to COVID-19 pandemic, the reviews were postponed until further notice. Chairman Michael Lesley and Commissioner Candy Morales remain as primaries in the Complaint Review Subcommittee and Zachary Gomez as the alternate. Cases Reviewed in 2020 Due to the COVED-19 pandemic, two (2) cases were brought before the commission for review during the February 20, 2020 meeting. The Commission unanimously supported the findings of the NCPD on both cases. Training and Special Presentations / Discussions The annual (NACOLE) Conference: • Due to COVED-19, the annual conference was held online and commissioners were given access to participate virtually. National City Police Department: • Presentation and discussion by National City Police Chief Tellez on the "8 Can't Wait Campaign," Captain Hernandez presented on behalf of Chief Tellez (08/20/20). • Presentation and discussion by National City Police Chief Tellez on the 2020 mid -year crime statistics (11/19/20). • Presentation and discussion by National City Police Cpt. Hernandez on the 2019 use of force statistics (11/19/20) City Staff: • Overview and discussion on the San Diego District Attorney's Office report on "Addressing the Role of Mental Health and Substance Abuse as they Relate to Law Enforcement Use of Force Incidents" by Deputy City Attorney, Robby Contreras (2/20/20). 2 24 of 731 Meeting Attendance for 2020 Thursday, February 20, 2020: Meeting held at National City Council Chambers. Voting Members Present — Delatorre, Gomez, Lesley, Morales, Orth, Plazola and Stein Non -Voting Members Present — Daniel Long (NCPD/POA) Thursday, May 21, 2020: Cancelled due to COVID-19 pandemic Thursday, August 20, 2020: Meeting held via Zoom Video Conference. Voting Members Present — Delatorre, Gomez, Morales, Plazola and Orth Non -Voting Members Present — Daniel Long (NCPD/POA) Excused Absences — Commissioner(s) Michael Lesley and M. Christine Stein Thursday, November 19, 2020: Meeting held via Zoom Video Conference. Voting Members Present — Delatorre, Gomez, Lesley, Morales, Orth, Plazola and Stein Non -Voting Members Present — Daniel Long (NCPD/POA) 2021 Goals 1. Continue the development of complaint review practices. 2. Resume subcommittee case reviews. 3. Pursue community outreach and engagement efforts. 4. Streamline CPRC operating procedures and bylaws. 5. Advise NCPD on operations and policy issues. 3 25 of 731 The following page(s) contain the backup material for Agenda Item: Appointments: City Boards, Commissions and Committees - City Council Appointment. (City Clerk) Please scroll down to view the backup material. 26 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Appointments: City Boards, Commissions and Committees — City Council Appointment (City Clerk) PREPARED BY: Luz Molina, City Clerk Shelley Chapel, Deputy City Clerk PHONE: (619) 336-4225 DEPARTMENT: City Clerk's Office APPROVED BY: Skeeeew (,bayee EXPLANATION: Vacancy on the Civil Service Commission was noticed in the Star News, posted on the City Hall Bulletin Boards, City Website, and City Social Media sites to advertise opening and the application acceptance period. The vacancy notice for the Civil Service Commission was posted Wednesday, April 7, 2021, and all applications were due to the City Clerk's Office by the deadline of Thursday, May 6, 2021 at 5:00 p.m. (See Explanation (Attachment A) for more information) FINANCIAL STATEMENT: ACCOUNT NO. n/a ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Conduct interviews and City Council appointment of new Commissioner. City Council may determine the need to re -open the application process and direct the Deputy City Clerk to process the Vacancy Notice for 30 days. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: Attachment A — Explanation Attachment B — Application (redacted) Attachment C — City Council Policy #107 Attachment D — Boards/Commission/Committees Reference Chart 27 of 731 ATTACHMENT A The City Clerk's Office began advertising and accepting applications for Vacancies on Civil Service Commission, a City Council appointed Boards/Commissions/Committees (BCC) on April 7, 2021. In order to obtain qualified candidates, a Notice of Vacancy was advertised on the following: The City website, posted on the City Hall Bulletin Boards, and City Social Media sites to advertise openings and the application acceptance period. Deadline to submit applications to the City Clerk's Office to be considered for vacancies was Wednesday, May 6, 2021 at 5:00 p.m. All applications were received before the deadline. BCC Number of Open Seats Appointing Residency Electoral of Compensation and Term expiration for Member(s) Requirement City that seat Requirement Civil Service Commission (1) One Seat 09/30/2022 City Council Yes No None This vacancy is as a result of the resignation of Commissioner Fred Phun on April 7, 2021. The City Clerk's Office received an application from one (1) individual for the one (1) vacancy. There is a residency requirement for this seat and the applicant does live within the City boundaries. City Council Policy #107 (D)(5) A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. The applicant is currently a member of the Traffic Safety Committee appointed December 4, 2018 to present with a term that expires September 30, 2021. Attendance of meetings is shown below for reference. Attendance: 2021 Member Residency Requirement Appointed Term Expires 1/13/2021 2/10/2021 3/10/2021 4/14/2021 5/12/2021 Javier Alvarado Yes 12/4/2018 9/30/2021 Cancelled Present Cancelled Absent Absent Attendance: 2020 Member 01/08/2020 02/12/2020 Mar — July 2020 Special 07/15/2020 Special 08/26/2020 09/09/2020 10/14/2020 11/11/2020 12/09/2020 Javier Alvarado Cancelled Absent Cancelled Absent Present Absent Absent Absent Cancelled Attendance: 2019 Member 01/23/19 02/13/19 03/13/19 04/10/19 05/08/19 06/12/19 07/10/19 08/21/19 09/11/19 10/09/19 11/13/19 12/11/19 Javier Alvarado Present Absent Absent Cancelled Absent Cancelled Cancelled Absent Present Cancelled Absent Absent Since only one (1) application was received the City Council may elect to reopen the vacancy for another 30 days to acquire a larger pool of applicants. If this is the case, direction to the Deputy City Clerk to post vacancy shall be provided. 28 of 731 CITY OF NATIONAL CITY RECEIVED APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Kay g (}./, Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Port Commission Civil Service i3irarroliginty Clerk Planning Commt§sipnal city Public Art Committee* Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: r_XV Home Address: (Include City/Zip) Business Affiliation: (�u��r¢r5 1n\trnai`�uhu, L,,\ 1 Title: ?C �itli2f,`, Business Address: \11,1 \\oil\ Av¢ (k cUt 5 Tel. No.: ()ttl- 2.63-6L61 Length of Residence in National City: 10 San Diego County: �-1U California: LID J\\40Lr u-CA4 E-Mail: cAvwx14\ops.i De-;,lA,cv.LnfY\ Educational Background: \A-<<S\n 3L. J\ Tel No: I -,L-1 ALA\(L J A•QQ\'¢c\ LQ rea Occupational Experience: td�mi..-.t,r,� zn orctoq L..' ,j><);e;_nu��5 ,,,,�� einria;,�v�‘ (.r`\ Zk,ACkti i t.7• l Professional+'or�Technical Organization Memberships:e�cLn O �c� \mc:.t��.\ Cowl\—;`z-, Axi .\Ec�C,1z , Mp_fri\ Gf 1�;��� LACc `rt"er nar\iu�ntA\ t`i f..‘c/!1 4u�c� �Ycy•A -t. rc\ C7C� r� to bt(. Civic or Community Experience,(�Membership, oIr Previous Public Service Appointments: }V�cy;t1L� �t N �rs�4 L •Jig J•%k\ QcymM.,-;Ni �. �A vJZY,\ QU,fraorc Coir"iV\ Experience or Special Knowledge Pertaining to Area of Interest: lj„ \-)66 n ryw kilc.o44,('g cl 'hL L/ -': LM LaJI i,02 L.'i At'c'LferNt �C[I.�(.�U.; ^:G'�7 (2���-�l ‘Natie. ^G:rr).44-oi•}L\ 4(2(1(Q Have you ever been convicted of a felony crime? No: Yes:_ misdemeanor crime? No: iC Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Date: 6 - t)7 - 2021 Signatu Please feel free to provide addi l•—na in .rmation or etters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. Pursuant to the California Public Records Act; information on this form Rev. February 2020 may be released to the public upon request. 29 of 731 Attachment C CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards, Commissions, POLICY #107 and Committees ADOPTED: June 17,1986 AMENDED: February 2, 2021 PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards, Commissions, and Committees. The City currently has the following Boards, Commissions, and Committees to which this Policy applies: Mayor's Appointments: 1. Board of Library Trustees 2. Community and Police Relations Commission 3. Housing Advisory Committee 4. Park, Recreation and Senior Citizens Advisory Committee 5. Public Art Committee 6. Sweetwater Authority 7. Traffic Safety Committee 8. Veterans and Military Families Advisory Committee City Council Appointments: 1. Civil Service Commission 2. Planning Commission 3. Port Commission POLICY Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Boards, Commissions, and Committees. Incumbent Appointees are not automatically re -appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Appointee was appointed to fill an unexpired term and the Appointee serves for less than one year in that position. In that case, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When vacancies occur, the following procedure shall be followed: 1. Schedule vacancy. When a term is expiring or expires, public notice of the vacancy shall be made, inviting interested individuals to submit applications for the vacancy on a form provided by the City Clerk on the City website. 30 of 731 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 2. Unscheduled vacancy. An unscheduled vacancy shall be filled according to Government Code Section 54974, which generally provides as follows: Whenever an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk, the City website, outside City Hall on the Bulletin Board and City social media platforms. Not earlier than twenty (20) days before or not later than twenty (20) days after the vacancy occurs. The City Council shall not make final appointment for at least ten (10) working days after posting the notice in designated locations. The notice's posting and application period shall be thirty (30) calendar days. However, if it finds that an emergency exists, the City Council may, fill the unscheduled vacancy immediately. According to this section, a person appointed to fill the vacancy shall serve only on an interim basis until the final appointment. 3. Government Code Section 40605, and National City Municipal Code Title 16, grants the Mayor, with the City Council's approvals, the authority to make all appointments unless otherwise explicitly provided by statute. The exceptions are: 1. Civil Service Commission 2. Port Commission 3. Planning Commission The City Council fills vacancies on these bodies. D. Implementation. Implementation of Council policy for appointment to Boards, Commissions, and Committees requires the following: 1. Per Government Code Section 54972, on or before December 31 of each year, the City Council shall prepare a list of appointments of all regular and ongoing boards, commissions, and committees appointed by the City Council. The City Clerk will prepare the list of all regular and ongoing boards, commissions, and committees appointed by the Mayor or the City Council. The list shall contain, a list of all terms that will expire during the next calendar year, the incumbent appointee's name, the appointment date, the terms expiration date, and the position's necessary qualifications. It shall also include a list of all boards, commissions, and committees whose members serve at the City Council's pleasure, and the qualifications required for each position. This Local Appointments List shall be made available to the public on the City website. 2. Notice. Placement of a public notice in the adjudicated newspaper the City uses for legal noticing advertising appointivevacancies, the City website, City Hall Bulletin Board, and City social media platforms. 31 of 731 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 3. Expiration of term. All appointees will receive a letter as their terms expire asking if they would like to re -apply for the position; 4. Applications. Available on the City website and in the City Clerk's Office. Submission must be before the advertised deadline for consideration for the current appointment. All applications will be retained in the City Clerk's Office for one-year from submitting an application to be considered for other vacancies on Boards, Commissions, and Committees as marked on the application. The City Clerk's Office will notify the applicant being considered for an appointment to confirm that they are still interested in volunteering. 5. A member may only serve on one (1) Board, Commission, or Committee at a time. If applying for another position on a different Board, Commission, or Committee that applicant will forfeit the prior seat, and a vacancy will occur per policy. 6. Interviews: a. Mayor Appointments: Interviews for Mayoral appointments will be conducted by the Mayor outside of the public meeting and scheduled by the Mayor's Office. b. City Council Appointments: Interviews for the three (3) Civil Service, Planning and Port Commissions who serve at the City Council's pleasure and are appointed by the City Council as a body will be interviewed in the public forum at a City Council Meeting as described below. 7. Mayoral Appointments: The Mayor will make the motion to appoint (naming the appointee) and Councilmembers may second the motion. The City Clerk will then take a roll call vote of the City Council. A majority vote of the City Council will be required for the appointment. If, the majority of the City Council choose to deny the proposed appointment, at which point the Mayor would propose an alternative candidate from the current application pool, or could choose to reopen the application period and return to City Councils with a different applicant for consideration. If Mayor Appointment is not approved by the majority of the City Council by confirmation, that applicant is removed from the pool for that seat. The Mayor will return to a future meeting with a substitute Mayoral appointment. 8. For City Council Appointments, the Interview Process is as follows: a. The City Clerk will provide an overview of the Board, 32 of 731 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 Commission and Committee (s) with current vacancy, the Mayor will introduce the applicant and the two (2) questions will be asked of each applicant on behalf of the City Council. b. Each applicant is given two (2) minutes to make a brief introduction of themselves and their qualifications to the City Council. c. Mayor and City Councilmembers will ask questions of each applicant. All applicants must be asked the same questions. d. Total time per applicant is five (5) timed minutes with a few minutes for clarification. No more than ten (10) minutes total per applicant. e. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. 9. Vacancies for City Council Appointed Positions. If the vacancy is for a Council appointed position, and there is more than one (1) applicant for a given position, the voting process will proceed as follows: Once the interviews are complete, each Councilmember votes for their choice via a written ballot provided by the City Clerk. Each Councilmember shall print and sign their name on the ballot. All ballots shall be considered a public record and open to inspection by the public. The ballots are passed to the City Clerk who announces the number of votes for each candidate. If, the appointment process is conducted via a virtual meeting the process is the same except the ballot/vote process. The City Clerk's Office will provide a Vote Sheet (a piece of paper electronically) with each applicants name to be considered. The Mayor will count to three (3) and the Council will hold their vote sheet up in front of their face to make sure it is captured on the camera during live virtual meeting. The City Clerk will tally the votes and will then confirm the votes with a verbal roll call. The applicant with the most votes is appointed. If meeting is held "in person" no changes to current process will be made for votes. In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote, and is declared to be the newly appointed. 10. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any Board, Commission, or Committee, and has served two or more full terms already, 33 of 731 TITLE: Appointments to Boards and Commissions POLICY #107 ADOPTED: June 17,1986 AMENDED: February 2, 2021 must be approved by a four -fifths vote of the Council., If all five members of the Council are not present or if one member abstains or recuses their vote, the four - fifths requirement would be changed to require only a simple majority. 11. Report to Council: All applications received for vacancies no matter Mayoral Appointment or City Council Appointment will be attached to the staff report to Council. All applications will have private personal information redacted (name, street numbers and name of street address, and phone number). This redacted information is in alignment with law, Under Government Code Section 6255(a) personal contact information is exempt, and has been withheld on some documents. Personal information being withheld is in the interest of the applicant and their right to privacy which outweighs the public interest of disclosure. 12. An automatic vacancy upon becoming a Non -Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: a. A special vacancy notice shall be posted in the Office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting, shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk's Office. b. The Appointing Authority may appoint the former resident to a Non- Residential position if a Non -Residential position is vacant. However, the Appointing Authority may, if it finds that an emergency exist, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. 13. Only City Residents may be elected to Chair, and Vice -Chair positions. To be eligible to be elected as the Chairperson of a City Board, Committee or Commission, the member must be a resident of the City. Appointing Authority Related Policy References Government Code Section 40605 Government Code section 54970, et seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments: May 19, 2020 34 of 731 ATTACHMENT D BOARDS/COMMISSION/COMMITTEES BOARDS, COMMISSION AND COMMITTEES (11) TOTAL MEMBERS (51+) BOARD OF LIBRARY TRUSTEE (5 Members) CIVIL SERVICE COMMISSION (5 Members) COMMUNITY AND POLICE RELATIONS COMMISSION (8 Members) PARK, RECREATION AND SENIOR CITIZENS' ADVISORY COMMITTEE (7 Members) PLANNING COMMISSION and HOUSING ADVISORY COMMITTEE (7 Members) 2 Ex Officio PORT COMMISSION (1 Member) PUBLIC ART COMMITTEE (5 Members) SWEETWATER AUTHORITY (1 Member) TRAFFIC SAFETY COMMITTEE (5 Members) VETERAN'S AND MILITARY FAMILIES ADVISORY COMMITTEE (7 Members) TERM 3 Years 5 Years 3 Years 3 Years 4 Years 3 Years 3 Years 1 Year 3 Years 4 Years RESIDENCY REQUIREMENT Yes Yes 5 Resident up to 2 Non- Resident (1) Non -Voting Member Yes Yes Yes No n/a Yes 5 Resident up to 2 Non- Resident VOTER REQUIREMENT No No No No No No No No No No MAYORAL APPOINTMENT SUBJECT TO CONFIRMATION BY THE CITY COUNCIL X X X Compensation set by Council Resolution X X X X CITY COUNCIL AS A BODY APPOINTMENT X X X COMPENSATION No No No No No No No No No No FORM 700 FILING REQUIREMENT Yes Yes Yes No Yes n/a No n/a No No MEETINGS 1 X per month 1X every other month 1X every 3 months 1X every 2 months 2X per month n/a 1X per quarter n/a 1X per month 1X per quarter REQUIRED TO REPORT TO COUNCIL ANNUALLY Yes, on or before August 31st and to the State Librarian Yes Yes Yes Yes Yes Yes Yes Yes Yes OTHER Can not be salaried employee or holds office of the City CITY COUNCIL POLICY #107 and NCMC TITLE 16 **Effective February 2, 2020 all Chair and Vice -Chairs are required to be NC Residents 35 of 731 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 Ordinance 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. 36 of 731 Item # 06/01/21 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) 37 of 731 The following page(s) contain the backup material for Agenda Item: Approval of City Council and Community Development Commission - Housing Authority of the City of National City Virtual Regular Meeting Minutes: April 20, 2021, and City Council of the City of National City Virtual Special Meeting Minutes April 20, 2021 (City Clerk's Office) Please scroll down to view the backup material. 38 of 731 Item # 06-01-2021 APPROVAL OF MEETING MINUTES CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY: Virtual Regular Meeting: April 20, 2021 CITY COUNCIL OF THE CITY OF NATIONAL CITY: Virtual Special Meeting April 20, 2021 (City Clerk) 39 of 731 CALIFORNIA NATIONAL On LNCOAPOEA7 EO .. MINUTES OF THE SPECIAL VIRTUAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY April 20, 2021 OPEN SESSION CALL TO ORDER The meeting was called to order at 3:32 p.m. by Mayor Sotelo-Solis. ROLL CALL Councilmembers present: Bush, Morrison, Rios, Rodriguez, Sotelo-Solis Administrative Officials present: Raulston, Winney, Bell PUBLIC MAY COMMENT ON OPEN AND CLOSED SESSION AGENDA ITEMS PUBLIC COMMENTS No public comments were received. , 4417 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 Item 1: 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. Item 2: 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. Page 1 of 2 40 of 731 ADJOURNMENT Next Regular City Council Meeting: Tuesday, April 20, 2021, 6:00 p.m., City Council Chambers, Civic Center — National City, California, via Zoom. The meeting adjourned at 3:36 p.m. Luz Molina, City Clerk The foregoing minutes were approved at the Regular Meeting of June 1, 2021. Mayor Sotelo-Solis /•'• Page 2 of 2 41 of 731 CALIFORNIA -- N T'lO)NAL CHii�y /— t;J t iNCORPORA'S MINUTES OF THE VIRTUAL REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 20, 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. The City Council minutes are prepared and ordered to correspond to the City Council Agenda. Agenda Items can be taken out of order during the meeting. The Agenda Items were considered in the order presented. A. CITY COUNCIL CALL TO ORDER The meeting was called to order at 6:28 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, and Tellez. Interpretation in Spanish provided by Carlos Diaz and Luisa Diaz de Leon. PLEDGE OF ALLEGIANCE TO THE FLAG City Attorney Bell led the Pledge of Allegiance. PUBLIC COMMENTS Mayor Sotelo-Solis introduced City Clerk Molina who summarized the process for acceptance of live public comment. Four (4) spoken public comments were heard: Peggy Walker (opposition to marijuana businesses), Clair Carter's grandmother Judy Strang (inequities in relation to marijuana business), Barbara Gordon (opposition to vaping marijuana), Kelly McCormick (concern for driving under the influence of marijuana). No written public comments received. 42 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 PROCLAMATIONS AND CERTIFICATES 1. Earthquake Preparedness Month Proclamation. Mayor Sotelo-Solis presented the Proclamation to Chief Parra and Management Analyst III, Walter Amedee who represent the National City Fire Department. AWARDS AND RECOGNITIONS — No agenda items. PRESENTATIONS — No agenda items. INTERVIEWS / APPOINTMENTS 2. Appointments: City Boards, Commissions and Committees — City Council Appointment Mayor Sotelo-Solis introduced City Clerk Molina who gave the report and recited City Council Policy #107 Section D8 regarding the interview process and Section D10 regarding the reappointment of a Commissioner for multiple terms. Planning Commission: One (1) vacancy for a term through March 31, 2025. The City Council considered four (4) applicants for this position. City Council conducted public interviews of three (3) applicants: Dolores Flores, William Phillips Sr., and Claudia E. Valenzuela. One applicant, Sonya Flores, was not present for a public interview. Public Comments: None ACTION: Councilmembers cast their vote virtually by holding up the name of the applicant who received their vote. Councilmember Bush voted for Claudia Valenzuela. Councilmember Morrison voted for Dolores Flores. Councilmember Rios voted for Claudia Valenzuela. Vice -Mayor Rodriguez voted for Claudia Valenzuela. Mayor Sotelo-Solis voted for Claudia Valenzuela. Claudia Valenzuela was appointed to the Planning Commission by 4-1 vote. REGIONAL BOARDS AND COMMITTEE REPORTS Councilmember Bush reported on San Diego Metropolitan Transit System's (MTS) improvements in ridership, CARES Act funding, CIP projects, and efforts to reach air emissions goals. Councilmember Morrison had nothing to report. Vice -Mayor Rodriguez reported on the League of California Cities meeting. Infrastructure funding and provisions for housing investment. Page 2110 43 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 Councilmember Rios reminded the National City Community about the recreation opportunities at our reservoirs. Also, she reported that various rebate programs are available from Sweetwater Authority via Sweetwater.org/rebate. Mayor Sotelo-Solis reported on the San Diego Association of Governments (SANDAG) meeting and the Five Big Moves transportation plan. CONSENT CALENDER Mayor Sotelo-Solis announced that Item 5 is to be continued upon receipt of a report from National School District. Item 5 was pulled from the Consent Calendar. She thanked members of the public for registering to provide public comment on Item 5. Public Comments: None ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to approve the Consent Calendar Items 3, 4, and 6 through 14. 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. Adopted Resolution 2021-25. Resolution of the City Council of the City of National City approving the donation of self-contained breathing apparatus (SCBAs) and accessories to assist the City of Tecate. 5. Pulled to be continued. 6. Adopted Resolution No. 2021-26. Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete Inc. for the Palm Avenue Road Rehabilitation Project, CIP No. 19-05; 2) approving the final contract amount of $1,006,975.46; 3) ratifying the release of retention in the amount of $25,318.36; and 4) authorizing the Mayor to sign the Notice of Completion for the project. 7. Adopted Resolution No. 2021-27. Resolution of the City Council of the City of National City: 1) accepting the work performed by PAL General Engineering Inc. for the E. 16th Street Road Rehabilitation Project, CIP No. 19-38; 2) approving the final contract amount of $180,275.60; 3) ratifying the release of retention in the amount of $9,013.78; and 4) authorizing the Mayor to sign the Notice of Completion for the project. 8. Adopted Resolution No. 2021-28. Resolution of the City Council of the City of National City: 1) accepting the work performed by Next Stage Engineering for the City Hall Ceiling Replacement project, CIP No. 19-53; 2) approving the final contract amount of $461,746.46; 3) ratifying the release of retention in the amount of $20,090.00; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Page 3110 44 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 9. Adopted Resolution No. 2021-29. Resolution of the City Council of the City of National City: 1) approving the following projects proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017: A) National City Blvd Street Resurfacing, B) E. Plaza Blvd Street Resurfacing, C) E. 16th Street Resurfacing, and D) Mann Avenue Street Resurfacing; and 2) authorizing the establishment of a Gas Tax Fund appropriation of $1,217,771 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. 10. Adopted Resolution No. 2021-30 Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $63,360.25, due to a traffic collision that damaged a National City Police Department Patrol Vehicle beyond repair. 11. Adopted Resolution No. 2021-31 Resolution of the City Council of the City of National City, waiving the formal bid process pursuant to National City Municipal Code Section 2.60.260 and Section 2.60.220, regarding cooperative purchasing and open market procedure respectively, and authorizing the purchasing and accessorizing of one (1) new 2021 Ford AWD Police Interceptor K8A PEG 500A in an amount not -to -exceed $67,111.33, due to a traffic collision that damaged a National City Police Department K-9 Vehicle beyond repair. 12. Investment transactions for the month ended February 28, 2021. 13. Ratified Warrant Register #36 for the period of 3/03/21 through 3/09/21 in the amount of $1,764,948.49. 14. Ratified Warrant Register #37 for the period of 3/10/21 through 3/16/21 in the amount of $407,421.46. ITEMS PULLED FROM CONSENT CALENDER 5. Resolution of the City Council of the City of National City approving the one (1) year ratified Agreement and Authorizing the Mayor to execute the ratified Agreement with the Sweetwater Union High School District for partial funding of the School Resource Officer Program for FY 2021. The City of National City will be reimbursed $105,000 for FY 2021. Mayor Sotelo-Solis announced that Item 5 is to be continued upon receipt of a report from National School District. Public Comments: registered speakers were not heard due to item being moved to a future date. ACTION: Motion Sotelo-Solis and seconded by Councilmember Bush to move Item 5 to be heard at a future date. City Attorney Bell clarified that all discussion, including public comment, must cease until the item is brough back. Councilmember Bush withdrew his second. Councilmember Rios seconded. Councilmember Rios requested for any future items that are moved be announced at the start of the City Council meeting, as a courtesy to members of the public. Ayes: Morrison, Rios, Rodriguez, Sotelo-Solis Page 4110 45 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 Nayes: Bush Motion passed by 4 to 1 vote. Deputy City Clerk Chapel will provide notice of a date certain for this item to those who registered to speak. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 15. Adopted Resolution No. 2021-32. Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,584 per new residential dwelling unit to $2,636 per unit beginning July 1, 2021. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Directory of Public Works/City Engineer Yano provided the report. Councilmembers asked clarifying questions. Staff provided responses. Mayor Sotelo-Solis declared the Public Hearing open at 7:42 p.m. Public Comments: None. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to close the Public Hearing at 7:45 p.m. Motion passed by unanimous vote. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Bush, to adopt the Resolution. Motion passed by unanimous vote. NON CONSENT RESOLUTIONS 16. Adopted Resolution No. 2021-33. Resolution of the City Council of the City of National City approving the acceptance of the High -Speed Broadband in California Libraries Grant Year 6 from State Library in the amount of $135,645.71 to cover the equipment costs associated with high-speed networking upgrade at the National City Public Library. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Minh Duong, City Librarian, and John Saour, IT Analyst, who provided the report and PowerPoint Presentation titled "Library Broadband Upgrade". Councilmembers asked clarifying questions. Staff provided responses. Page 5110 46 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 Public Comments: None. ACTION: Motion by Councilmember Bush, seconded by Councilmember Rios, to adopt the Resolution. Motion passed by unanimous vote. 17. Adopted Resolution No. 2021-34. Resolution of the City Council of the City of National City: 1) authorizing the appropriation of $650,551.50 for Phase II — Implementation phase of Paradise Creek Mitigation at Kimball Way project, reimbursable through the Hazard Mitigation Grant Program approved by the Federal Emergency Management Agency (FEMA); 2) establishing corresponding revenue and expenditure accounts; and 3) committing to providing a local match of $216,850.50. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Directory of Public Works/City Engineer Yano, who provided the report. Public Comments: None. ACTION: Motion by Councilmember Rios, seconded by Councilmember Morrison, to adopt the Resolution. Motion passed by unanimous vote. 18. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Amendment to the Lease and Operating Agreement between the City of National City and American Golf Corporation to increase green fees effective April 20, 2021. City Clerk Molina read the title of the Resolution into the record. Mayor Sotelo-Solis introduced Acting Director of Community Services Denham, who provided the report. Gary Johnson with American Golf Corporation was available to address questions by Councilmembers. Public Comment: None. ACTION: Motion by Mayor Sotelo-Solis, seconded by Councilmember Morrison to approve the Resolution, that adopts the increase green fees with the understanding that the amount charged to the Sweetwater High School golf team remain the same as in has prior years. Councilmember Morrison made a motion for a friendly amendment to also allow National City Student golf teams Accepted by the maker of the motion. Vice -Mayor Rodriguez made a motion for a friendly amendment to keep the 91950 zip code residents to be included in the 9% rate not to be included in the increase. Maker of the motion did not accept. Mayor Sotelo-Solis made a friendly amendment to keep the 91950 zip code residents to be included in the 9% rate not to be included in the increase. Councilmember Morrison second of Page 6110 47 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 the motion accepted the friendly amendment. To include Sweetwater, Granger and National student golf teams to remain as current fee. City Attorney Bell advised Council to withdraw the motion on the floor and replace it with a motion directing staff to return to negotiating table with American Golf to address concerns that were raised by City Council. Allowing American Golf the opportunity to renegotiate. City Manager Raulston recommended that the item be returned to staff to renegotiate the Operating Agreement. Representative for American Golf commented. City Attorney commented on options to proceed. Motion was rescinded by Mayor Sotelo-Solis. ACTION: Motion by Councilmember Morrison, seconded by Councilmember Rios to refer Item back to Staff to renegotiate the Operating Agreement to include amendments as discussed, and to return to the May 4, 2021 City Council Meeting. Motion passed by unanimous vote. Public Comment: City Treasurer Beauchamp Mayor Sotelo-Solis requested for the interpretation service to continue past the two-hour mark. NEW BUSINESS 19. The Protecting the Right to Organize (PRO) Act (HR. 842). Mayor Sotelo-Solis introduced Assistant City Manager Winney who provided a summary on the Protecting the Right to Organize (PRO) Act. Public Comments: None ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Bush, to request for staff to draft a letter of support for the PRO Act. Motion passed by unanimous vote. Point of Clarification requested by Assistant City Manager Winney; City Manager staff will draft letter for Mayor's signature, with City Councilmembers receiving a copy, due to the timeliness of the legislation. Mayor agreed. 20. Consider authorizing a letter of support to the Port of San Diego in support of the Maritime Clean Air Strategy Discussion Draft. Director of Community Development Vergara provided comments with regards to the Maritime Clean Air Strategy (MCAS) Discussion Draft letter of support. Public Comments: One (1) spoken public comment was heard from Danny Serrano (comment letter drafted does not address previously stated community concerns). ACTION: Motion by Councilmember Bush, seconded by Vice -Mayor Rodriguez, to provide the letter of support with the following three changes (1) strike "discussion draft" from the first line and gage 7110 48 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 add "discussion effort", (2) strike "discussion draft" from the last paragraph and add "discussion effort", (3) strike "compliance" from the second paragraph and add "environmental health". Motion passed by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY CONSENT RESOLUTIONS — HOUSING AUTHORITY — No agenda items. PUBLIC HEARINGS: RESOLUTIONS — HOUSING AUTHORITY — No agenda items. NON CONSENT RESOLUTIONS — HOUSING AUTHORITY — No agenda items. NEW BUSINESS — HOUSING AUTHORITY — No agenda items. C. REPORTS STAFF REPORTS Item 22 taken out of order 22. Speeding and Racing Groups Chief of Police Tellez introduced Captain Alex Hernandez who provided the report and PowerPoint presentation titled "National City Police Department Staff Report on concerns regarding Speeding and Racing Groups". Public Comment: Joan Rincon (read into the record following item # 22 at 9:51 p.m.) Received and filed report. Mayor Sotelo-Solis released the interpretation service at 9:28 p.m. 21. Urban Area Security Initiative Chief of Emergency Services Parra introduced Chief of Police Jose Tellez and Management Analyst III Walter Amedee. Chief Parra provided the report and PowerPoint presentation titled "Urban Area Security Initiative (UASI) Urban Area Working Group (UAWG)". Public Comment: None. Received and filed report. 23. HOPE Improvements for Federal Funding. City Manager Raulston provided the report and PowerPoint presentation titled "Health and Opportunity through Partnership for Equity". Page 8110 49 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 Public Comment: None. Received and filed report. 24. City Manager Report City Manager Raulston commented on the availability of COVID-19 vaccines for the community. MAYOR AND CITY COUNCIL City Clerk Molina announced the vacancy on the Civil Service Commission. Applicants may apply via the City Clerk's Office. Application deadline is Thursday, May 6, 2021, 5:00 p.m. City Treasurer Beauchamp spoke about the Port of San Diego tenants, and the freight rail system. Councilmember Morrison wished to direct Staff to start the discussion regarding the possibilities and options available once the contract with American Golf Corporation ends. ACTION: Motion by Councilmember Morrison, seconded by Vice -Mayor Rodriguez, to direct Staff to begin the discussion for potential possibilities once the contract with American Golf Corporation ends. Ayes: Bush, Morrison, Rodriguez Nayes: Rios, Sotelo-Solis Motion passed by 3 to 2 vote. Councilmember Rios invited the community to Port of San Diego's virtual community workshop to discuss the future of Pepper Park. Vice -Mayor Rodriguez wished to post items for discussion regarding the city budget. ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Morrison, to discuss the funding associated to sanitation and trash collection services, at the May 18, 2021, City Council meeting. Motion passed by unanimous vote. ACTION: Motion by Vice -Mayor Rodriguez, seconded by Councilmember Morrison, to discuss the funding needed for an EMT training program for fire fighters to become paramedics, within the Budget Item at the May 18, 2021, City Council Meeting. Motion passed by unanimous vote. ACTION: Motion by Vice -Mayor Rodriguez to discuss the possibilities of grant funding needed to increase civic participation and community outreach efforts during elections, within the Budget item at the May 18, 2021, City Council Meeting. Motion died for lack of a second. Mayor Sotelo-Solis announced the availability of vaccines around the community. She mentioned the invitation to present to counterparts in Puerto Rico the success of age -friendly policies in National City. Page 9110 50 of 731 City of National City — City Council Regular Meeting Minutes April 20, 2021 CLOSED SESSION CLOSED SESSION REPORT City Attorney Bell reported out on Closed Session. Item 1: 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. Item 2: 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. 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, May 4, 2021, at 6:00 p.m. via teleconference. The meeting adjourned at 10:31 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of June 8, 2021. Mayor Page 10110 51 of 731 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City supporting increased broadband access to bridge the digital divide throughout the San Diego region. (City Manager) Please scroll down to view the backup material. 52 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City supporting increased broadband access to bridge the digital divide throughout the San Diego region. (City Manager) • PREPARED BY: Tony Winney, Assistant City Manager DEPARTMENT: an: •er's Office PHONE: (619) 33 4 40 APPROVED BY: EXPLANATION: At the May 10, 2021 CalCities San Diego County Division Meeting, a representative from the San Diego Regional Association of Governments (SANDAL) presented on their efforts to bridge the digital divide. This is the gap between members of society who have high quality broadband service and those who do not. This may also include the hardware and software required to access broadband. This is primarily rural and disadvantaged communities. The Federal Communications Commission defines broadband as transmission speeds of at least 25 Mbps downstream and 3 Mbps upstream. Twenty-one percent of households in San Diego County earning less than $50,000 per year do not have broadband, 17% of seniors do not have broadband and approximately 30% of students lack home Internet access. This access is crucial in learning, doing business and accessing services online. SANDAL requested adoption of a resolution by member cities supporting their efforts to expand broadband access throughout the region regardless of ability, age, income or language. The City's Legislative Platform states that the City supports "...initiatives that provide the necessary resources and funds to invest in necessary infrastructure projects such as expanded access to broadband to improve the transfer of goods and services throughout the region, to create jobs and encourage economic development." FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: NIA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: City staff recommends adoption of the attached resolution. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Attachment A — Resolution Supporting Increased Broadband Access to Bridge the Digital Divide 53of731 RESOLUTION NO. 2021- RESOLUTION OF CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, SUPPORTING INCREASED BROADBAND ACCESS TO BRIDGE THE DIGITAL DIVIDE THROUGHOUT THE SAN DIEGO REGION WHEREAS, closing the digital divide is important and provides long term community benefits that include the ability to fully engage in the digital economy, access existing and emerging services, expands economic opportunities and bridges the economic divide; and WHEREAS, the COVID-19 pandemic has amplified the need for available, reliable, and affordable broadband services in all communities; and WHEREAS, the COVID-19 pandemic has caused schools to shift to distance learning; and WHEREAS, the COVID-19 pandemic has made the digital divide within low- income, disadvantaged and rural communities more apparent; and WHEREAS, the City of National City recognizes that cost and household income are the primary barriers to broadband access; and WHEREAS, all residents, businesses and institutions need high-speed broadband services where they work, live, learn, and play; and WHEREAS, high-speed broadband enables remote workers, enhances business efficiencies, drives job creation throughout the region, and connects customers and partners worldwide to goods and services; and WHEREAS, high-speed broadband is a "green technology" that reduces our impact on the environment, shrinks our carbon footprint, offsetting vehicle trips and use of resources; and WHEREAS, high-speed broadband greatly expands the ability of residents to access medical, behavioral, and other health services and the capacity of public health officials to monitor and respond to health threats such as COVID-19 and other diseases; and WHEREAS, high-speed broadband enables greater civic participation and brings communities together, helps improve public safety, and makes our transportation systems more resilient andefficient; and WHEREAS, effective emergency services require using high-speed broadband to integrate data in real time from all available sources, so decision makers have access to the information necessary for the protection of lives and property; and WHEREAS, the City supports economic stimulus initiatives that provide the necessary resources and funds to invest in necessary infrastructure projects, such as expanded access to broadband to improve the transfer of goods and services throughout the region, create jobs and encourage economic development. 54 of 731 Resolution No. 2021 — Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Declares that bridging the digital divide is integral to developing a healthy, resilient, and economically competitive region; Section 2: Supports rules, regulations, programs, and funding opportunities by the United States Federal Communications Commission and California Public Utilities Commission to support broadband deployment opportunities to bridge the digital divide; Section 3: Supports collaboration with Southern California jurisdictions, broadband providers, school districts (K-12), community college districts, universities, community and business stakeholders, the State of California and other federal and region organizations that have similar goals to increase broadband access throughout South California; and Section 4: Supports seeking grant opportunities to establish regional and local programs that provide Internet access that bridges the economic digital divide; and Section 5: Supports working with collaborating jurisdictions to address planning, permitting and construction issues that may impact regional broadband deployment; and Section 6: Supports working with collaborating jurisdictions to identify broadband opportunity zones in underserved communities and working towards regional efforts to expedite deployment of broadband infrastructure in underserved communities; and Section 7: Supports the concept of 'Dig Once' whenever possible, whereby conduit is installed for future or immediate use for wireless towers, fiber optic or other comparable broadband network installation, whenever underground construction occurs in the public right of way. Section 8: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. 55 of 731 Resolution No. 2021 — Page Three PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr, City Attorney 56 of 731 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving City Attorney's request for authority to participate in the San Diego County Bar Association's Diversity Pledge. (City Attorney) Please scroll down to view the backup material. 57 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of theCity Council of the City of National City approving City Attorney's request for authority to participate in the San Diego County Bar Association's Diversity Pledge. PREPARED BY: Charles E. Bell, Jr., City Attorney EXPLANATION: The San Diego County Bar Association provides legal professionals with support to help em achieve their professional and personal career goals. The Diversity Pledge seeks to increase the number of unrepresented attorneys in management and Leadership within legal organizations in San Diego County. Additional information about the San Diego County Diversity Pledge can be found on its website at the following web address: https://www.sdcba.orgRpg=Diversitv-Pledge. DEPARTMENT: City ttore"y's C APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. Not Applicable APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(2). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends City Council approve the City Attorney's request for authority to participate in the San Diego County Bar Association's Diversity Pledge. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: A. San Diego County Bar Association's Diversity Pledge Form B. Resolution 58of731 STY BAR DIVERSITY PLEDGE SIGNATORY liE CBA SAN DIEGO COUNTY BAR ASSOCIATION' DIVERSITY PLEDGE: To Increase the Number of Underrepresented Attorneys in Management and Leadership within Legal Organizations in San Diego County Although San Diego County is a diverse community, that diversity is not represented at the management and leadership levels of many legal organizations relative to the demographics of our community. Clients and the public expect the San Diego legal community to reflect this diversity. We recognize that diversity is an expansive, flexible, and evolving concept encompassing a set of characteristics, experiences, and conditions (whether actual or perceived) that reflects an individual's membership in an underrepresented, underserved, or historically disadvantaged group. These characteristics include race, ethnicity, color, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation, disability, and other relevant characteristics as the context requires, as well as the intersectionality of these characteristics and other groups historically underrepresented in the legal profession. Attorneys with any of these characteristics will be referred to throughout this document as "Underrepresented Attorneys." We pledge to use our best efforts to meet the following goals: • Hiring & Retention: To hire and retain entry-level and lateral Underrepresented Attorneys who represent the diversity of the population of the County of San Diego and the surrounding region. • Promotion & Leadership: To promote Underrepresented Attorneys to management, supervisory, executive, leadership, and similar senior positions. • Engagement of Outside Counsel: To recommend the participation of Underrepresented Attorneys to staff a matter on behalf of the outside Law firm. • Participation in Legal Community Diversity Initiatives: To regularly and actively participate in diversity and inclusion events, volunteer initiatives, and diversity pathway programs organized by the San Diego County Bar Association (SDCBA), SDCBA Committee on Diversity and Inclusion, affinity bar associations, and other law -related organizations. Signing Organization Organization's Website to Link from Diversity Pledge page of SDCBA website Signature Date Name of Signee Title of Signee Please list contact name, and email for communications about this pledge. Name of contact: Email of contact: Would you like the above email address to be added to the private Diversity Pledge Listsery to foster communications amongst signatories about ideas, best practices, and questions related to the goals of the Pledge? ❑ YES ❑ NO Please sign and email this form to: oblankson@sdcba.org 59 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORINZG THE OFFICE OF THE CITY ATTORNEY TO PARTICIPATE IN THE SAN DIEGO COUNTY BAR ASSOCIATION'S DIVERSITY PLEDGE WHEREAS, the San Diego County Bar Association provides legal professionals with support to help them achieve their professional and personal career goals; and WHEREAS, the San Diego County Bar Association's Diversity Pledge seeks to increase the number of underrepresented attorneys in management and leadership within legal organizations in San Diego County; and WHEREAS, the City of National City supports efforts to increase the number of underrepresented attorneys in management and leadership within legal organizations in San Diego County. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That the City Council hereby authorizes the Office of the City Attorney to participate in the San Diego County Bat Association's Diversity Pledge. Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 60 of 731 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 a Termination of a Notice of Assurances to the State of California of the Use of Property and/or the State of California's Right of Recapture for Kimball Highlands located at 1221 "D" Avenue. (Housing Authority) Please scroll down to view the backup material. 61 of 731 MEETING DATE: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT June 1, 2021 AGENDA ITEM No. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Termination of a Notice of Assurances to the State of California of the Use of Property and/or the State of California's Right of Recapture for Kimball Highlands located at 1221 "D" Avenue. PREPARED BY: DEPARTMENT:. Greg Rose, Property Agent PHONE: 619-336-4266 APPROVED BY: EXPLANATION: The Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed a "Notice of Assurances to the State of California ("State") of the Use of Property and/or the State of California's Right of Recapture", dated as of December 15, 1986, and recorded December 17, 1986 as file number 8 - g o84 of Official Records ("Notice"). All the requirements set forth in the Notice have been satisfied; the Notice expired by its terms and is no longer of any legal force or effect; and the Notice no longer constitutes a burden, lien, or encumbrance against the real property described in the Notice. In 198 the Senior Center was built with a portion of the funds coming from the State. The Notice states that if within 10 years after the acquisition, or 20 years after completion of construction, the center ceases to operate as a Senior Center, the State can recapture its portion of the funds. Both of those dates have passed, and the center is still operating as a Senior Center. FINANCIAL STATEMENT: A+COUN • NO. There is no fiscal impact.. ENVIRONMENTAL REVIEW: The Notice of Termination is not considered a project as defined by the California Environmental Quality Act (CEQA), and is therefore not subject to CEQA. APPROVED: Finance nce ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A APPROVED: MIS ATTACHMENTS: 1. Recorded Notice of Assurances .. Termination of Notice of Assurances ,. Resolution 62of731 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. Attach No. 1 CDA 116 0 654 RECORDING RCQU STED EY 1 AND WHEN RECORDED MAIL TO COMMUNITY DEVELOPMENT COMMISSION OF THE WY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. �.-- NATIONAL CITY, CALIF. 92050 _. RECORDER: I'leaa� r;aI r 7n chrci;a for reccii n,^ th a'[ached uislrument. It is being recct!te4 in cRnn,?Ciittn with a Gofretnment Agency transaction. Enter Grantee's name and address in the space above (SPACE AdDYE THIS LINE FOR RECORDER'S USE) 86 592084 1---- RECORDED In OFFICIAL RECQ1',tY' or ,AU DIEU CD '”1 Y. r. itges DEC ! T A1,1 8: 07 VERA !.. LYLE COUNTY TY �tr'.r4'ft ,I::? Ito NOTICE(F ASSURAN ES TO TUSTATEOE CALIFORNIA OF THE USE OF PROPERTY AND/OR TIM STATE OF CALIFORNIA'S RIGHT OF RECAPTIRR1: The Senior Center Bond Act enacted by the State of California provides that the State of California has a right of recapture describe;, below (Type of Project) on the property/improvements described below (Legal Description) for the period described below (Term) Type of Project: (Mark applicable section for Grantee's project) SECTION945). WELFARE AND INSTITMONSCODE O (a) A recipient of a contract for the acquisition of a facility to be used as a senior center shall assure that the facility will be used for that purpose for at least 10 years from the date of acquisition O (b) A recipient of a contract for the renovation of an existing facility to be used as a senior center shall assure the department the facility will be used for that purpose for the following periods: C (I) Not less than three years from the date the contract terminates, where the amount of the award does not exceed thirty thousand dollars (S30.000) O (2) If the award exceeds thirty thousand dollars (S30.000). the fixed period of time shall increase one year for each additional ten thousand dollars (S10.000) or part thereof. to a maximum of seventy-five thousand dollars ' $75.000 ) (3) For awards which exceed seventy-five thousand dollars (S75 000). the fixed period of time shall not be less than 10 years. (c) A recipient Of a contract for the construction of a facility to be used as a senior - center shall assure the department the facility will be used for that purpose for at least 20 years after completion of construction. 31-- vE� illo l'I 0 .its r i 0 to i Z I li 0 C 2 .o RI ro sn ill 0 X 0 73 63 of 731 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. Attachment No. 1 CDA 116, p.2 ITECORDING REQUESTED BY �) AND WHEN RECORDED MAIL TO L.- COMMUNITY DEVELOPMENT COMMISSION OF THE etre OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CALIF. rO _ E tar Grantee's name and address in the space above 655 SECTION 9156. WELFARE AND INSTITUTIONS CODE (SPACE AbJVE TI-IIS LINE FOR RECORDER'S USE) (a) The State of California shall be entitled to recapture a portion of state funds from the ovne; of a facility. if within 10 years after acquisition or 20 years after completion of construction. either of the following occurs: (1) The owner of the facility :eases to be a public or nonprofit agency (2) The facility is no longer used for senior center activities (b) The amount recovered shall be that proportion of the current value of the facility equal to the proportion of state funds contributed to the original cost. site. current value of the facility shall be determined by an agreement between the owner of the facility and the State of California. or by an action in the court in the jurisdiction in which the facility is located. Legal Description (include senior center name and address. and a description of the acquisition, renovation or construction accomplished pursuant to the Senior Gaiter Bond Ati): Kimball Senior Center, 1221 "D" Avenue, National City, California 92050. Corstruction of a 5,950 sq,ft. multipurpose senior center and 95 related parking spaces ari landscaping on Lot 6 of Center City Project, in the City of National City, County of San Diego, State of California, according to map thereof No. 8807, filed in tic Office of the County Recorder of San Diego County, February 24, 1978. Amount of Senior Center Bond Act Funds spent for the following activities: $ acquisition $ 317,626.00 $ construction renovation Term; Check the appropriate box below. If A applies. re-reco:d Notice when construction. renovation. or acquisition has been completed- Refer to Type of Project and funds spent by activity to determine term, then enter the beginning and ending dais in (h). rx a. Term has not yet begun but project is in progress- 0 b Begin: End: - 32 - SPRow A I ; 0 tol co 2 m 0 0 2 0-1 0 r :] 64 of 731 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. Attachment No. 1 George >1 Waterst Chairman Title STATE OF CALIFORNIA COUNTYOF San Diego CDA 115, p. 3 0 656 RECORDING REQUESTED DT AND WHEN RECORDED MAIL TO COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY 1243 NATIONAL CITY BLVD. NATIONAL CITY, CALIF. OZWO Enter Grantee's name and address in the space above (SPACE ABOVE THIS LINE FOR RECORDER'S USE) Grantee: Community Development Commission of the City of National City, CA, a public body corporate and politic Civic Center, 1243 National City Blvd. Agency's Name Street Address National City, California 92050 Authorized Signature City/Iowa and County (619) 336-4254 Telephone Number On the 15t11 day of December in the year 19 &. before, me. the undersigned. a Notary Public in k1td for said Stag, personally appeared Gerprge H. Waters. Chairman of the Coml,tuntty Development COmunssion of the City of Nati ,nal City, C.;lifornia (or proved to me on the oath/affirmation of ) to be the person_ whose name Is subscribed to the within instrument. and acknowledged to me that he executed the same. ' rims SS pay hand and official $eat. 40io?404-e44-4-4-a4-4.4>ai•b*-4.4.4O0-#4>i, �� ~ ' OFFICIAL, SEAL ¢' "�i� -� �fr ''"�^ • .'�._ ! � DAVID L SH�LDON $ Notary Public in and for said County and State p �e:1 Notary Public i rJ.Lw.,r:t �' ``�17 Fir 15::pllt Of f,iE lrr 8 San Diego Cour... : Mv COMM Flo Aug. 22. 1988 1 +++4*444.4osa 4410i 4.-940SA, 33 - 10.63 f 0 0 COI 2 m r v, 0 0 611.1 044 r 0 t1 CI uis tj 65 of 731 Attachment No. 2 NO CHARGE ON THIS DOCUMENT PER CALIFORNIA GOVERNMENT CODE SECTION 6103 Recording Requested By: National City Housing Authority When Recorded Mail To: National City Housing Authority Attention: Greg Rose 1243 National City Boulevard National City, CA 91950 TERMINATION OF NOTICE OF ASSURANCES TO THE STATE OF CALIFORNIA OF THE USE OF PROPERTY AND/OR THE STATE OF CALIFORNIA'S RIGHT OF RECAPTURE (Kimball Highlands) The Community Development Commission of the City of National City ("CDC") executed and caused that certain Notice of Assurances to the State of California of the Use of Property and/or the State of California's Right of Recapture ("Notice") to be recorded in the Office of the Recorder of the County of San Diego, State of California on December 17, 1986, as Instrument No. 86- 592084. The Community Development Commission -Housing Authority of the City of National City ("CDC -HA") is the successor -in -interest to the CDC. NOW THEREFORE, the CDC -HA hereby acknowledges and agrees that: (i) all requirements set forth in the Notice have been satisfied; (ii) the Notice expired by its own terms and is no longer of any legal force or effect; and (iii) the Notice no longer constitutes a burden, lien or encumbrance against the real property described in the Notice. CDC -HA: Community Development Commission -Housing Authority of the City of National City By: Brad Raulston, Executive Director APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: Jennifer K. Gilman Deputy City Attorney 66 of 731 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego ) ) ) On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 67 of 731 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF A NOTICE OF ASSURANCES TO THE STATE OF CALIFORNIA OF THE USE OF PROPERTY AND/OR THE STATE OF CALIFORNIA'S RIGHT OF RECAPTURE FOR KIMBALL HIGHLANDS LOCATED AT 1221 "D" AVENUE WHEREAS, the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") executed a "Notice of Assurances to the State of California ("State") of the Use of Property and/or the State of California's Right of Recapture," dated as of December 15, 1986, and recorded December 17, 1986, as file number 86-592084 of Official Records ("Notice"); and WHEREAS, all the requirements outlined in the Notice have been satisfied; and WHEREAS, the Notice expired by its terms and is no longer of any legal force or effect and the Notice no longer constitutes a burden, lien, or encumbrance against the real property described in the Notice; and WHEREAS, City staff recommends City Council to authorize the City Manager to execute a Termination of a Notice of Assurances to the State of California of the Use of Property and/or the State of California's Right of Recapture for Kimball Highlands located at 1221 "D" Avenue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes the City Manager to execute a Termination of a Notice of Assurances to the State of California of the Use of Property and/or the State of California's Right of Recapture for Kimball Highlands located at 1221 "D" Avenue. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 68 of 731 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 a Termination of a Notice of Restriction on Real Property located at 1320 Highland Avenue. (Housing Authority) Please scroll down to view the backup material. 69 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute Termination of s Notice of Restriction on Real Property located at 1320 Highland Avenue. PREPARED BY: Greg Rose, Property Agent PHONE. 619-336-4266 EXPLANATION: The City of National City ("City11) executed a "Notice of Restriction on Real Property, dated August 24, 1987 and recorded February 1, 1988 as file no. -04 1 7 of Official Records (Notice"). The Notice has expired and is no longer of any legal force or effect; and the Notice no longer constitutes a burden, lien, or encumbrance against the real property described in the Notice. DEPARTMENT: Housiog Authority APPROVED BY: The restriction that is recorded on the property was for a defunct and expired CUP (liquor sales at the former Lucky Grocery Store at this location). FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact. ENVIRONMENTAL REVIEW: APPROVED: APPROVED: Finance MIS The Notice of Termination 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 l COMMISSION RECOMMENDATION: N/A ATTACHMENTS: I. Recorded Notice of Restriction 2. Termination of Notice of Restriction 3. Resolution 70 of 731 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. HEN RECORDS MAIL TO: PLANNING DIRECTOR City of National City 1243 National City Boulevard National City, CA 92050-4397 1356 RECORDING REQUEST BY: LUCKY STORES, INC. /j "P.NIE P Property Owner's Name CRETTRY l'.ils7 £Rt40hl ERSON 88 0 r, '1C Attachment No. 1 CORDED lti FOFFICIAL. Rr.COP115 Of SNI D41 C^ rot-?lts,%cA. M9 FEB -1 pig t2: 19 VEi7:, i_. ,.it 1: 1 ., .t,f;i'. i, ! . .. NOTICE OF RESTRICTION ON REAL PROPERTY; Address: 1320 Highland Avenue Assessor's Parcel # RF 4.00 MC t.Gn The real property located in the City of National City, County of San Diego, State of California described as follows: See Attached is restricted by conditions of approval of P1ap tni _Coumissi on �. Resolution _ No. 25-87_ issued by the City of National City. The obligations and restrictions imposed by . anning. Commfssicn _ _ resolution no. 25-87 approving the Conditional Use Pe mit are binding on all present or future interest holders or estate holders of the property. A copy of the Plannin$ Conmission Resolution No. 25-$7 is on file with the National City Planning Department. Dated: August 24, 1987 APPROVED AS TO FORM: G ORGE H. EISER, III City Attorney )09-07/4 ROGER G. POST PLANNING DIRECTOR \fr.: l fill 0 }0 c omit .74 t;. r m , run Irri le pig La ls� $ 71 of 731 Documents provided by DataTree LLC via it's proprietary imaging and delivery system. Copyright 2003, All rights reserved. 1357 t 1320 HIGHLAND AVENUE LEGAL DESCRIPTION Attachment No. 1 Lot 3 of Center City Project, in the City of National City, County of San Diego, State of California, according to neap thereof' No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978 and the east half of ten acre lot 11 in quarter section 154 of the Rancho de la Nacioa, in said City of National City, County of San Diego, State of California, according to map thereof by Morrill, No. 166. in the Office of the Recorder of said San Diego County. EXCEPTING from said east half of ten acre lot 11, the southerly 20.00 feet thereof, that portion lying within Highland Avenue and that portion thereof described as follows: Beginning at a point on the westerly line of said easterly half of 10 acre lot 11 distant thereon south 17 degrees 48' 30" east 272.59 feet from the norhtwesterly corner .of said easterly half nexng a point in the arc of a 200.00 foot radius curve concave northerly, a radial line of said curve bears south 13 degrees 51' 11" west to said point; thence easterly along the arc of said curve 122.00 feet through an angle of 31 degrees 46' 26"; thence leaving said curve south 17 degrees 55' 15" east 5.00 feet to a point in the northerly line of the southerly 2Q,00 feet of said easterly half of 10 acre lot 11; thence along said line south 72 degrees 04' 45" west 115.92 feet to said westerly line of said easterly half; thence along said line north 17 degrees 48' 30" west 37.97 feet to the point of beginning. 2 2 0 aties 0 :Sp I i 72 of 731 Attachment No. 2 NO CHARGE ON THIS DOCUMENT PER CALIFORNIA GOVERNMENT CODE SECTION 6103 Recording Requested By: City of National City When Recorded Mail To: City of National City Attention: Greg Rose 1243 National City Boulevard National City, CA 91950 TERMINATION OF NOTICE OF RESTRICTION ON REAL PROPERTY (1320 Highland Avenue) The City of National City ("City") executed and caused that certain Notice of Restrictions on Real Property ("Notice") to be recorded in the Office of the Recorder of the County of San Diego, State of California on February 1, 1988, as Instrument No. 88-046127. NOW THEREFORE, the City hereby acknowledges and agrees that: (i) the Notice expired and is no longer of any legal force or effect; and (ii) the Notice no longer constitutes a burden, lien or encumbrance against the real property described in the Notice. CITY: City of National City By: Brad Raulston, Executive Director APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: Jennifer K. Gilman Deputy City Attorney 73 of 731 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 74 of 731 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A TERMINATION OF A NOTICE OF RESTRICTION ON REAL PROPERTY LOCATED AT 1320 HIGHLAND AVENUE WHEREAS, the City of National City ("City") executed a "Notice of Restriction on Real Property," dated August 24, 1987, and recorded February 1, 1988, as file no. 88- 046127 of Official Records ("Notice"); and WHEREAS, the Notice has expired and is no longer of any legal force or effect and the Notice no longer constitutes a burden, lien, or encumbrance against the real property described in the Notice; and WHEREAS, City staff recommends City Council to authorize the City Manager to execute a Termination of a Notice of Restriction on Real Property located at 1320 Highland Avenue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes the City Manager to execute a Termination of a Notice of Restriction on Real Property located at 1320 Highland Avenue. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 75 of 731 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 and accept a Quit Claim Deed that reverts the recording of a Grant Deed on May 13, 2021 for the property located at 140 West 18th Street, National City; and authorizing the City Manager to execute and accept a Grant Deed previously approved by City Resolution 2021-36 at the close of escrow on or before June 30, 2021. (Housing Authority) Please scroll down to view the backup material. 76 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1. 2021 AGENDA ITEM N, , ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute and accept a Quit Claim Deed that reverts the recording of a Grant Deed on May 13, 2021 for the property located at 140 West 1 th Street, National City; and authorizing the City Manager to execute and accept a Grant Deed previously approved by City Resolution 2021-36 at the dose of escrow on or before June 30, 2021. PREPARED BY: Greg Rose, Property Agent PHONE:619-336-4266 DEPARTMENT: Housin. ►uth •.rty APPROVED BY EXPLANATION: The City of National City received a California Natural Resources Agency Grant ("Grant") to purchase the property located at 140 W 1 th Street in order to convert it to a river parkway. The Grant Deed was approved by the City Council on May 4, 2021. After the City Council approval the Grant Deed was routed for signatures. When all the signatures were obtained it was accidentially sent directly to the County and recorded. The Grant Deed should have been sent to be held by escrow and recorded before the closing date of June 30, 2021 after all escrow conditions have been met. The property needs to be transferred back to Mr. Phomsavanh until the close of escrow. Escrow will record a new Grant Deed as previously approved by City Resolution 2021-36 at the close of escrow on or before June 30, 2021. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: APPROVED: — The approval of the Quit Claim 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: L STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION REC I 'IMENDATION: N/A ATTACHMENTS: 1. Purchase and Sales Agreement 2. Grant Deed 3. Quit. Claim Deed 4. Resolution Finance MIS 77 of 731 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. 78 of 731 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 79 of 731 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 80 of 731 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 81 of 731 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 82 of 731 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 83 of 731 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 84 of 731 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 85 of 731 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 86 of 731 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 87 of 731 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 88 of 731 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 89 of 731 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 90 of 731 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 91 of 731 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 92 of 731 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 93 of 731 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 94 of 731 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` 95 of 731 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 96 of 731 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 97 of 731 N-y CALIFORNIA --- Attachment No. 2 May 10, 2021 NNTIONAI CHIC' in7CORpp1q,ATED Mr. Ernest J. Dronenburg Assessor / Recorder / County Clerk County of San Diego P.O. Box 121750 San Diego CA 92112-1750 Dear Mr. Dronenburg, We are submitting the following document for recording: 1. Grant Deed - APN 560-202-01-00 Sayheune Phomsavanh Please bill the City of National City account. Sinerely, !JjI a vI s•�v Shelley Chape Deputy City Clerk ihttPtc- MC Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 619-336-4226 www.nationalcityca.gov 98 of 731 Attachment No. 2 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 nla 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 § 11922 GRANT DEED THE UNDERSIGNED GRANTOR DECLARES: FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, Sayheune Phoinsavanh, 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 99 of 731 Attachment No. 2 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. GRANTO Sayheun omsavanh Dated as of March 6_ , 2021 2 100 of 731 Attachment No. 2 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 offer. City of National City By: Brad l/aulst ity Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: Cal C Dated: .6:1, 2021 101 of 731 Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California ) County of San Diego ) , notary public, personally appeared `SO ut hcont i-hc2iY156Y Oj h who proved to me on the basis of satisfactory ev nce to be the personk) whose names) is/are subscribed to the within instrument and acknowledged to me that he/9rekthey executed the same in his/her4Ficir authorized capacityies), and that by his/herltkeir signature() on the instrument the person f s-), or the entity upon behalf of which the person*) acted, executed the instrument. On kri L to 19-21 , 2021, before me, IL1 exuZ 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 D. . C(�ttR COMM. #2267692 Notary Public • California C San Diego County lM Comm. Expires Nov. 19, 2022 102of731J Attachment No. 2 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California -- - ) County of San Diego ) 21, be public, per onally appeared rers me on the basis of satisfactory evicence to be the perso t+within instrument and acknowledged to me that emir authorized capacity(, and that by piethheir signature, person(s)°, or the entity upon behalf of which the person(sacted, executed the instrument. , notary who proved to whose name(< i subscribed to executed the same in on the instrument the 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 �.l SHELLEY CHAPEL Notary Public - California San Diego County Commission # 2324656 My Comm. Expires Mar 16, 2024 103of731ij )italc�Frteni IVO. 2 RESOLUTION NO. 2021 m 36 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 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 18T" STREET WHEREAS, the City of National City ("City") received a California Natural Resources Agency Grant ("Grant") to purchase the property located at 140 West 18th Street, which is adjacent to the newly created Paradise Creek Park, to convert it to a river parkway; and WHEREAS, the First Amendment to the Purchase and Sales Agreement will clarify the relocation reimbursement process and will direct all receipts to be presented to the City's Engineering Department for reimbursement not -to -exceed $100,000 in relocation costs; and WHEREAS, the First Amendment to the Purchase and Sales Agreement will extend the closing date to June 30, 2021, from July 1, 2020; and WHEREAS, the Grant Deed requires a City Council Resolution for acceptance so that it may be recorded at the close of escrow. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes 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. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 4th day of May, 2021. ATTEST: Luz Molina, Cif Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City A'.rney Alejandra-Sotelo=Solis, Mayor 104 of 731 Attachment No. 2 Passed and adopted by the City Council of the City of National City, California, on May 4, 2021, by the following vote, to -wit: Ayes: Sotelo-Solis, Rodriguez, Bush, Morrison, Rios. Nays: None. Absent: None. Abstain: None. - AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California LUZ MOLINA City Clerk of the City of National City, California BY: 7 r t Shelley Chapel, I'MC, ty City CI I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2021-36 of the City of National City, California, passed and adopted by the City Council of said City on May 4, 2021. 105 of 731 Attachment No. 3 Recording Requested By: When Recorded Mail To And Mail Tax Statements To: Sayheune Phomsavanh 140 West 18th Street National City, California 91950 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: This Quitclaim Deed is to reverse the conveyance in the grant deed which inadvertently recorded in error on May 13, 2021 as Instrument No. 2021-0367528 QUITCLAIM DEED The City of National City ("Grantor") hereby quitclaims to Sayheune Phomsavanh, an individual ("Grantee"), all of the Grantor's rights, title and interest in and to that certain real property ("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. GRANTOR: City of National City By: Dated: June , 2021 Brad Raulston, City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: Jennifer K. Gilman Deputy City Attorney 1 106 of 731 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 , 2021, before me, , notary public, personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 2 L 107 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A QUIT CLAIM DEED FOR THE PROPERTY LOCATED AT 140 WEST 18TH STREET, NATIONAL CITY, AND AUTHORIZING THE CITY MANAGER TO EXECUTE AND ACCEPT A NEW GRANT DEED PREVIOUSLY APPROVED BY CITY RESOLUTION 2021-36 WHEREAS, the City of National City ("City") received a California Natural Resources Agency Grant ("Grant") to purchase the property located at 140 West 18th Street, which is adjacent to the newly created Paradise Creek Park, to convert it to a river parkway; and WHEREAS, City Council authorized the City Manager to execute and accept a Grant Deed on May 4, 2021, pursuant to Resolution No. 2021-36; and WHEREAS, the Grant Deed was not to be recorded until after escrow closed; WHEREAS, the Grant Deed was inadvertently sent directly to the County of San Diego Recorder's Office and recorded, before the close of escrow; and WHEREAS, the property located at 140 West 18th Street must be transferred back to the owner to comply with the agreement of the parties; and WHEREAS, a new Grant Deed as previously approved by City Resolution 2021-36 will be recorded at the close of escrow on or before June 30, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes the City Manager to execute and accept a Quit Claim Deed that reverts the recording of a Grant Deed on May 13, 2021, for the property located at 140 West 18th Street, National City; and Section 2: City Council authorizes the City Manager to execute and accept a Grant Deed previously approved by City Resolution 2021-36 at the close of escrow on or before June 30, 2021; and 111 108 of 731 Resolution No. 2021 — Page Two Section 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 109 of 731 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 an Affordable Housing and Sustainable Communities ("AHSC") Implementation and Mutual Indemnity Agreement with the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Inc. (MAAC Project), a 501(c)3 non-profit organization, for the City's implementation of transportation infrastructure or transit -related amenities with a total budget of $6,750,000 within the vicinity of a proposed 400-unit affordable housing project at 233 Roosevelt Avenue in National City. (Engineering/Public Works) Please scroll down to view the backup material. 110 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: Oune1,2021� AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute an Affordable Housing and Sustainable Communities "AHSC') Implementation and Mutual Indemnity Agreement with the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Inc. (MAAC Project), a 01(c 3 non-profit organization, for the City's implementation of transportation infrastructure or transit -related amenities with a total budget of $6,750,000 within the vicinity of a proposed 400-unit affordable housing project at 233 Roosevelt Avenue in National City. PREPAREDB � Roberto ano, Director of Public Works f City Engineer PHONE: (619) 3-4333, EXPLANATION: See Attachment No. 1 and 2. DEPARTMENT: Eng' e - r'. g and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. To be determined if funds are awarded. APPROVED: APPROVED: Finance MIS The Agreement has no immediate financial impact to the City and there is no commitment for additional funds to subsidize the proposed housing or infrastructure projects. if the AHSC grant is awarded, $6,750,000 would fund City transportation projects or transit projects/programs in the vicinity of the housing project. ENVIRONMENTAL REVIEW: The grant application is not a considered a "Project" under section 15378 of the California Environmental Quality Act "CE A" , and therefore is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: Not applicable to the adoption of the Resolution. ATTACHMENTS: 1. Explanation 2. AHSC Implementation and Mutual Indemnity Agreement 3. Resolution 111 of 731 City of National City June 12021 Staff Report Explanation Background: Attachment No, 1 The State of California, the Strategic Growth Council ("SGC") and the Department of Housing and Community Development ('HCD") issued a Notice of Funding Availability dated February 26, 2021 ("AHSC NOFA"), under the Affordable Housing and Sustainable Communities {"AHSC"} Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. The Metropolitan Area Advisory Committee on Anti -Poverty of San Diego o County, Inc., a California nonprofit public benefit corporation, doing business as MAAC Project, ("Developer") eloper" is applying for AHSC funds in response to the AHSC NOFA to provide funding for (collectively, the "Project"): construction of a 00-unit mixed - income a affordable housing project located at 233 Roosevelt Avenue in the city of National City ("Housing Project"); (B) the construction of certain housing related infrastructure ('HRI Improvements"); (C) the construction of certain sustainable transportation infrastructure ("STI improvements"); (D) the construction of certain transit related amenities ("TRA Improvements"); and (E) program activities ("AHSC Programs"). All of which are described in more detail in the Final Application to be submitted to HCD by the Developer on or about June 8, 2021 ("AHSC Application" . The AHSC Application seeks an award in an aggregate amount not to exceed $28,250,000 in AHSC funds consisting of: (A) $20,000,000 of AHSC permanent loan ("AHSC Loan") funds which will be disbursed to the Developer or it's nominee ("Partnership") for construction of the Housing Project and HRI Improvements; and (B) $6,750,000 of AHSC grant funds ("AHSC Grant") which will be disbursed for the purpose of financing or reimbursing the cost of the STI Improvements, TRA Improvements and AHSC Programs. The AHSC Loan and the AHSC Grant are collectively referred to herein as the "AHSC Financing." For the purpose of performing the obligations ("Transit obligations"), the Developer will reimburse the City $8,250,000. The City and Developer are required to enter the attached Implementation and Mutual Indemnity Agreement ("Agreement") in order to comply with the specific AHSC Program Threshold Requirement t stated in Section 1 a 1 A of the 019- o AHSC Program Guidelines dated February 24, 2021 (the "Transportation City Prior Experience Threshold Requirement"). . Such section of the guidelines dictates that applicants must demonstrate prior experience by providing evidence of at least two prior projects that are similar to the proposed AHSC project in scope and size, which have been completed by the applicant, or joint applicant, during the ten (10) years preceding the application due date. Such section of the guidelines also states that applicants may demonstrate the requisite experience by using the past experience of work completed by a non -applicant so long as the applicant can provide an executed Page 1 of 3 112 of 731 agreement with such non -applicant for the .completion of the related to, amongst other things, comply with the Transportation City Prior Experience Threshold Requirement. The city is a non -applicant, but, will have the obligation to perform the following specific STI Improvements, and TRA Improvements included in the AHSC Application (collectively, the "Transit Obligations"): 1. Bayshore Bikeway Segment - 1 million a. The "Bayshore Bikeway - Segment " project (Segment 5) will provide over a haft -mile of protected bicycle facilities along McKinley Avenue and Marina Way in the City of National City. Segment 5 will complete the final leg of the Bayshore Bikeway within National city; and enhance bicycling connections to transit and other key destinations such as the Harbor District, Navy Base San Diego, Kimball Elementary School, and several parks. Additionally, the project will provide a connection to the Sweetwater River Trail, another regional bikeway. With the completion of Segment 5, National City residents will be able to access as far north as Downtown San Diego and as far south as the City of Chula Vista using only protected facilities. b. Funds will help construct protected bicycle facilities with enhanced intersection treatments for people walling and biking. Funds will also supplement the southern portion of this segment next to the Paradise Lagoon, including costs for utilizing the old abandoned National City railway, including a small trestle bridge, view overlooks, habitat enhancement and educational opportunities for nature and history signage and exhibits. 2. 8th and Roosevelt Multi -Use Path - $5.75 million a. The proposed project will remove one lane of travel creating a one-way southbound roadway, remove the existing bike lanes, and add over a half - mile of context -sensitive bikeways along 8th and Roosevelt. The proposed project will construct over 2,000 feet of safe and accessible pedestrian walkways. The proposed multi -use path will also be used for the proposed NEV Shuttle Route. b. Yama St. Naval Base Connection: Yama Street leads into the "Dry side" of Naval Base San Diego where a lot of individuals work, live, shop or play on this side of the base. The 8th and Roosevelt ATP project will be building a Multi -use Path along the west side of Roosevelt, with the intention of extending this pathway to the back gate at Yama. The project would add a turn -around for the NEVshuttle, have a drop-off location at this end and would improve the pedestrian crossing and add bulb -outs to the intersection of Yama and Main Street. The project would also include the addition of a left turn lane down Yama to accommodate a more efficient way to get to the Southbound 1-5 ramps. c. 8th Street Naval Base Connection: extend the proposed multi -use path and Neighborhood Electric Vehicle to the Naval Base Gate at 8th and Harbor. Page 2 of 113 of 731 Funds will also construct crossing improvements at the active BNSF railroad tracks on Harbor Drive. This project would reconstruct the at - grade crossings and crossing arms and signage in addition to extending the 14' wide multi -use path through the intersection of Harbor and 8th. This intersection would also be improved with pedestrian crossings, reconfiguration of the high-speed turning lanes and all necessary ADA requirements. The City's obligations and duties under the Agreement shall be limited to developing and constructing the Transit Obligations, and for all costs and expenses related thereto. Developer shall be responsible for constructing and developing the Housing Project and the HRI Improvements (coll�ctively, the "Developer Obligations"), and for all costs and expenses related thereto. In connection with the AHSC Financing, Developer is required to enter into standard agreements, disbursement agreements, and regulatory agreements with HCD whereby Developer will be liable for the full and timely performance of the obligations set forth therein, including completion of the Housing Project, completion of the HRI, STI and TRA Improvements and funding of the AHSC Programs, as described in the AHSC Application. Page 3 of 114 of 731 Attachtrient No. AHSC IMPLEMENTATION AND MUTUAL 3N1iEMNITY AGREEMENT 114!S AHSC IMPLEMENTATION AND MUTUAL EMI A. R; .I.T ("Agreement")is made and entered into as of erne 1, 2021, between the City ofNational City ("City") and the Metropolitan Area Advisory Committee on. Anti -Pow of San Diego County, inc., a California nonprofit public benefit corporation ". a eloper ', and collectively with the City, the Parties", or indiviauatly, a "Party"), upon the basis ofthe following facts, understanding and intentions of the Parties: A. The State of alifornithe Strategic Growth Council " GC ' and the Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability dated February 26, 2021 ("AHSC NOFA"), under the Affordable Housing and Sustainable Communities ("AHSC") Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200. B. Developer eloper is applying for AHSCfunds in response to the MSC NOFA to provide funding for (collectively, the 'Prof eat" : (A) construction of a 400 unit mixed -income affordable housing project located at 233 Roosevelt Avenue in the City of National City "Housing Project"); the construction of certain housing related infrastructure CUR' Improvements"); the contraction of cep sustainable transportation infrastructure ("STIImprovements"); (0) the construction of certain transit related amenities " RA 1pr men "); and (E) progtam activities ("AHSC Programs"). AU of which are described in more detail in the Final Application to be submitted to HCD by the Developer on or about June 8, 2021 CAIISC Application"), , C. The MISC Application seeks an award in an aggregate amount not to exceed $2X,250000 in AHSC funds consisting off: (A) of AHSC permanent loan ("AIISC Loan") funds which will be disbursed to the Developer or it's nominee (Warinerslilp")for construction of the Housing Project and URI Improvements; and (B) $6,750,000 of MSC grant funds ("AHSC Grant') which will be disbursed for the purpose of financing or reimbursing the cost of the Sil Improvements, TRA Improvements and AMC Pros. The AHSC Loan and the AHSC rra t are collectively ely referred to herein as the "AHSC Financing." For the purpose of performing the obligations set ,forth in Recital F, below, Developer will reimburse the City ,7 0 00 . D. The City and Developer are required to enter into this Agreement in order to comply with the specific AIISC program Threshold Requirement stag in Section 1 a 12 of the 2019-20 AHSC Program Guidelines dated February , 2021 (the "Transportation City Prior Experience Threshold Requirement"). Suck section of the guidelines dictates that applicants must demonstrate prior experience by providing evidence of at least two prior projects that are similar to the proposed MSC project in scope and size, which have been completed by the applicant, or joint applicant, during the ten (10) years preceding the application due date. Such section of the guidelines also states that applicants may demonstrate the requisite experience by using the past experience of work completed by o9 115 of 731 Attachment No. a o -applieant so long as the appapplicant can provide an executed agreement with such non - applicant for the completion of the related to, amongst other things, comply with the Transportation City Prior Experience Threshold Requirement. The City owls the property that the Transit Obligations are to be performed on, and thus has sufficient "Site Control" as that term is defined in the 201w o AMC Proms Guidelines dated February 24, 2021. F. The City is a non -applicant, but, as set forth herein, will have the obligation to perform the following specie STI Improvements, and TRA Improvements included in the AHSC Application (collectively, the "Twit Obligations"): 1. Bayshore Bikeway segment 5 - 1 million a. The "Bayshore Bikeway - Segment " project (Segment will provide over a ha1f. mile ofprotected bicycle facilities along McKinley Avenue and Maria Way in the City of ational City. Segment 5 will complete the final leg of the Bayshore Bikeway within National City; and enhance bicycling connections to transit and other key destinations sueh as the Harbor District, Navy Base San Diego, Kimball Elementary School, and several parks. Additionally, the project will provide a connection to the Sweetwater River Trail, another regional bikeway. With the completion of Segment 5, National City residents will be able to access as far north as Downtown San Diego and as far south as the City of Chula Vista using only protected facilities. b. Funds will help construct profited bicycle facilities with enhanced intersection fitments for people walking and biking. Funds will also supplement the southern portion of this segment next to the Paradise Lagoon, including costs for utilizing the old abandoned National City railway, including a small trestle bridge, view overlooks, habitat enhancement and educational opportunities for nature and history si na a and exhibits. 2. gth and Roosevelt Multi -Use Path - $5.75 million a. Thcproposed project will remove one lase of travel creating a one-way southbo nd roadway, remove; the existing bike lanes, and add over a halimi1e of context -sensitive bikeways along 8th and Roosevelt. The proposed project will construct over 2,000 feet of safe and accessible pedestrian walkways. The proposed multi -use path wilt also be used for the proposed NEV Shuttle Route. b. Yama St. Naval Base Connection: Yama Street leads into the "Dry side" ofNaval a Base Sate Diego where a lot of individuals work, live, shop or play on this side of the base. The 8th and Roosevelt . TP project will be biding a Multi -use Path along the west side of Roosevelt, with the intention of ending this pathway to the back gate at Yam. The project would add a turn -around for the NEV shuttle, have a drop-off location at this end and would improve the pedestrian crossing and add bulb -outs to the intersection of Yama and Main Street The project would of9 116 of 731 Attachment No, also include the addition of a left turn. lane down Yama to accommodate a more eyelet way to get to the Southbound 1-5 cps, e* 8th Street Navy Base Connection: extend the proposed multi -use path and Neighborhood Electric Vehicle to the Naval Base Gate at 8th and Harbor. Funds will also construct crossing improvements at the active NS railroad tracks on Harbor DTive. This project would reeonstrnct the at -grade crossings and crossing arms and signage in addition to extending the 14' wide n . ti u se path through the intersection of Harbor and 8114. This intersection would also beg improved with pedestrian crossings, reconfiguration of the high -mod taming lanes and all necessary AAA requirements. G. The City can demonstrate prior experience and provide evidence of at least two prior projects that are similar in scope and size which have been completed during the ten (10) years preceding June 8, 2021. H. The City's 's obligations and duties under this Agreement shall be limited to developing and onstruct the Transit Obligations, and for all costs and expenses related thereto. Developer shall be responsible for constructing and developing the Housing Project and the EMI Improvements (collectively, the "Developer Obligations"), and for all costs and expenses related thereto. In connection with the AFISC Financing, Developer is required to enter into standard agreements, disbursement agreements, and regulaiory agre em its with HCD whereby Developer will be liable for the full and timely performance of the obligations set forth therein, including completion of the Housing Project, completion of the ItRI, STI and 'IRA Improvements and fiwiding of the ABSC Programs, as described in the AHSC Application. The AHSCApplication and au standard agreements, disbursement agreements, regulatory agreements and any other agreements required by in connection with the AMC Financing shall be collectively referred to herein as the "AMC Documents", I. The City and Developer each acknowledge and agree that the inability or failure by either Party to fully and timely complete each Party's respective improvements required by the AHSC Documents may affect the timing and right of the other Party to receive disbursement of due the other party notwithstanding the other Party's full and timely performance of its obligations. NOW, ' HEREF RB, in consideration of the recitals, covets and agreements set forth herein, and for other good and valuable consideration, die receipt and sufficiency of which are hereby acknowledged, the Peres hereto hereby agree as follows: ACRLEIVIENT I, 0li io F The City shall have the sole responsibility to complete the Trait Obligations in accordance with the terms of the AFISC Documents, the approved design and construction documents and the terms of this Agreement. The Developer have the sole responsibility to complete the Developer Obligations in accordance with the terms of the AHSC Documents, the approved design and construction documents and the terms of this 3 of9 117 of 731 Anselunent No. Agreement. Bach Party will provide the other Party with copies of all requisitions for work related to their respective obligation, the notice of completion, and other docents related to their respective work that another Party may reasonably request. 2. CiyJndeuhy. The City shall be responsible for ding out the Transit Obligations using AHSC Grant proceeds in accordance with the AHSC Docurrients, including, but not limited to, any disbursenient deadlines contained therein. The City shall indemnify, defend, protect, and hold harmless Developer, and Developer's affiliates, directors, officers, partners, members, agents and employees (each a "Developer Indemnified Party") against any and ail claims, actions, suits, causes of action, losses, liabilities, injuries, costs, damages and expenses (collectively, "Claims"), including, without timitation, any direct liability, damage, expense arising out of or in r e ie it -th Cit ' o ccof fdlureperform its obligations to complete the Transit Obligations, in the manner, within the time periods, and to otherwise perform any covenants constituting City obligations, set forth in the MEC Documents, including any claims, losses or Ilabilities of the Partnership caused by a breach or default by the City under the AMC Documents ents that triggers a default under the AMC Loan. However, in no event shall any Developer Indemnified Party be ids hereunder for any Claims resulting from such Party's sole negligence or willful misconduct. 3. evel r nden ty. Developer shall be responsible for caring out the Developer Obligations using AHSC Finmeing funds in accordance with the AFISC SC Document, including, but not kited to, any disbursement deadlines contained therein. Developer er and the Partnership shall indemnify, defend, protect, and hold harmless the City and its affiliates, councilmembers, officers, officials, agents mid etnployees (each, an "City Indemnified Party") against any and all Claims, including, without limitation, any direct, indirect or consequential loss, liability, damage, or expense, arising out of or in connection with Developer's performance of or failure to perform the Developer Obligations, in the inner, within the time periods, and to tlaerwise perform .y covenants constituting the Developer Obligations,, set forth in the ALISC Documents, including any claims, losses or liabilities of all (y Indemnified Parties caused by a breach or default by the Developer or the Partnership under the AHSC Documents that triggers a default under the AHSC Financing, However, in no event shall any City Indemnified Party be indemnified hereunder for any Claims resulting from such Party's sole negligence or willful misconduct. 4. ScduLeoferforinanee;ProssRoi'. The City and Developer shall comply with a schedule of performance for the completion of their respective obligations hereunder (the "Schedule of Performance") to be finalized and approved by the City Manager and. President & CEO of the Developer no later than 90 days after the AMC funds are awarded. The City and Developer each agrees to give the other Party a written quarterly status report on the progress toward the milestones on the Developer and Transit Obligations. If any Party anticipates not meeting the targeted construction and disbursement milestones as established in the AHSC Documents, that Party will promptly notify the other parties in writing and will meet the other Party to discuss the reasons why the milestone dates may not be met and what actions the delayed Party intends to take to meet the milestones or otherwise rectify the work schedule in order to maintain good standing with the terms and conditions established in the Ae Documents. t 1 of 9 118of731 Aftehnient No. 5. j1egation. Notwithstanding the obligations of each Party under this Agreement, each Party shall be entitled to enter into sub -agreements with each other or with other parties to provide any assistance or services needed for such Party to perform its obligations under this Agreement and the AHSC Doctunents. 6. Cost ... �;. Developer shall be responsible for paying all costs required to complete the Developer Obligations, irrespective of whether such costs exceeds the AHSC Loan and the portion of the AMC Grant designated for the Developer Obligations. City shall be responsible for paying all costs required for the Transit Obligations irrespective of whether such costs exceed the portion of the AHSC Grant designated for the Transit Obligations. 7. Disb serpent of AHS Gran F ds. The City and Developer agree that the AMC Grant for the Transit Obligations shall be reimbursed directly to City and that the AHSC Grant for the Developer Obligations shall be reimbursed directlyto Developer. The Parties further agree that all of the ARSC Loan funds shall be disbursed directly to the Developer or Partnership, as applicable. Notwithstanding the foregoing, if required by the AMC Documents, the .City shall submit to Developer all draw requests for AESC Grant finds for the costs associated with the Transit Obligations and Developer shall submit such requests to D and promptly disburse to the City any such funds received from HCD. The City shall apply any such proceeds received to pay the invoices submitted in connection with the draw request. 8. Invignentation, Agroements. In the event the AMC Financing is received from .HI C, the City and Developer recognize that each Party will need additional assurances from the other Party (including assurances for the Projecrs lenders and investors) regarding the specific grant award before commencement of constrctio of the Project. The Parties agree to cooperate in, amending this Agreement and/or entering into implementation agreements or other documents necessary to provide reasonable assurances related to the disbursement of AMC Grant funds The Parties recognize that any such amendments to this Agreeinent or execution of ` additional agreements is may sire approval of the City Council and the Developer's Board of Directors. 9. Note All notices under this Agreement shall be in writing and sent (a) by certified or registered U.S. mail, return receipt guested, (b) overnight by a nationally recognized overnight eerier such as UPS Overnight or FedEx, or(c) by personal delivery. All notices shall be effective upon receipt (or real to accept delivery). All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto. City: City of National City 1243 National City Boulevard National City, CA 91950 Ai-tentian. City Manager Developer: Metropolitan Area Advisory Committee of Attachment No. on Anti -Poverty of San Diego County, Inc. 1355 Third Avenue Chula Vises CA 91911 Attn: President & CEO 1 a. F�n� �i��ault. The failure of any Party to perform any action or covenant required by this Agreement which is not cured within thirty (30) days after written notice of such failure has been delivered to the defaulting Party shall be a default hereunder; provided, however, the other Party shall not be in default if such alleged default is such that it is not capable of being cured within thirty (30) days, but corrective action is initiatsd within thirty (30) days and the allegedly defaulting Party diligently and in good faith works to effect a cure as soon as is __ .- _reasonably possible. 11. Termination. This Agreement shall terminate upon the earlier of: CO completion of obligations under the CSC Documents; or iithe mutual agreement of the parties hereto. Notwithstanding the foregoing, the indemnity obligations set forth in Sections 2 and 3, above, shall survive termination of this Agreement. 12. Third Warty Beneficiary. The Partnership shall be a third -per beneficiary of this Ageement and shall be entitled to the rights and benefits hereunder and may enforce the provisions hereof as if it were Party to this Agreement. ement. Msignent. City hereby acknowledges and approves the assigmnent by Developer and the Partnership to the Houses Project'Project's senior lender ("Construction Lender") of all of eah of their respective right, title and interest in, to and under the Agreement "Coll t ) as collateral security for the Partnership's obligations to Construction Lender under, and in connection with Construction Lender's loan to the Partnership. In the event Construction Lender forecloses upon the Partnership's interest in the Housing Project, the City hereby agrees drat Construction Lender shall have all of Developer's rights and interests under the Agyeement. Ifthis Agreement is assigned to the Constnzcion Lender as contemplated by this Section 13, then the Coition Lender shall be an express third -per beneficiary of this Section 13, and in such event the parties hereto shall not amp, modify or terminate the Agreement without Consiruction Lender's express Mtn consent. 14. Memo. (a) If any Party delays in exorcising or fails to exercise any right or remedy against a Party, that alone shall not be construed as waiver of such right or remedy. All remedies of any Party against the other Party are cumulative. (b) This Agreement shall be binding upon and inure to the benefit of each of the Parties hereto and their respective representatives, heirs, executor, administrators, successors, and assigns. This Agreement may not be amended except by a written instrument executed by the parties hereto. of 120 of 731 Attachment No. (c) This Agreement shall be deemed to have been delivered and acaGepted in the State of California and governed exclusively by the internal substantive laws of the State of California as the same may exist at the date hereof The parties hereto hereby agree that any action hereon between the Parties hereto and fir successors in interest shall be filed and maintained at San Diego County Superior Court, and consent to the jurisdiction of said court for the purposes connected herewith. (d) Each Party hereto intends that this Agreement shall not benefit or create any right or cause of action in or on behalf of any parson other than the parties hereto, except as otherwise set forth herein. (e) This AAgreement may be exerted in counterpart. ._. _ which when duly executed, with ail formalities hereof, shall be fully binding and effective the original of this Agreement. (f) This Agreement ent shall be effective date first written above, provided however that in the event that the parties do not receive an award of the AHSC Financing, this . r ement shall automatically terminate and be of no further force or effect. Bach of the undersigned hereby executes this Agreement in the spaces ivied below to evidence their respective agreement to the tentns of this Agreement. ISIGNATURES ON FOLLOWING PAGE] CITY: City o Natio al City Brad Raulston, City Manager APPROVED AS TO FORM: Charles Bell Jr., City Attorney By: [SIGNATUKE$ CONTINUED ON FOLLOWING PAGE] of 9 Attachment No.2 I v J.14OP ■ R: Metropolitan Area Advisory Cominittee on Anti -Poverty of San Diego County, Inc., California nonprofit public benefit corporation By: 144411f Name: A -n.uif. anriquez Its: President • CEO of 122 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES ("AHSC") IMPLEMENTATION AND MUTUAL INDEMNITY AGREEMENT WITH THE METROPOLITAN AREA ADVISORY COMMITTEE ON ANTI- POVERTY OF SAN DIEGO COUNTY, INC. (MAAC PROJECT), A 501(C)3 NON-PROFIT ORGANIZATION, FOR THE CITY'S IMPLEMENTATION OF TRANSPORTATION INFRASTRUCTURE OR TRANSIT -RELATED AMENITIES WHEREAS, the State of California's Strategic Growth Council ("SGC") and the Department of Housing and Community Development ("HCD") issued a Notice of Funding Availability dated February 26, 2021 ("AHSC NOFA"), under the Affordable Housing and Sustainable Communities ("AHSC") Program established under Division 44, Part 1 of the Public Resources Code, commencing with Section 75200; and WHEREAS, Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Inc., a California nonprofit public benefit corporation ("Developer") is applying for AHSC funds in response to the AHSC NOFA to provide funding for (collectively, the "Project"): (A) construction of a 400-unit mixed -income affordable housing project located at 233 Roosevelt Avenue in the City of National City ("Housing Project"); (B) the construction of certain housing related infrastructure ("HRI Improvements"); (C) the construction of certain sustainable transportation infrastructure ("STI Improvements"); (D) the construction of certain transit related amenities ("TRA Improvements"); and (E) program activities ("AHSC Programs"), all of which are described in more detail in the Final Application to be submitted to HCD by the Developer on or about June 8, 2021 ("AHSC Application"); and WHEREAS, the AHSC Application seeks an award in an aggregate amount not to exceed $28,250,000 in AHSC funds consisting of: (A) $20,000,000 of AHSC permanent loan ("AHSC Loan") funds which will be disbursed to the Developer or it's nominee ("Partnership") for construction of the Housing Project and HRI Improvements; and (B) $8,250,000 of AHSC grant funds ("AHSC Grant") which will be disbursed for the purpose of financing or reimbursing the cost of the STI Improvements, TRA Improvements and AHSC Programs; and WHEREAS, the City is a non -applicant, but, as set forth herein, will have the obligation to perform the specific STI Improvements, and TRA Improvements included in the AHSC Application; and WHEREAS, the City and Developer are required to enter into this Agreement in order to comply with the specific AHSC Program Threshold Requirement stated in Section 106(a)12(A) of the 2019-20 AHSC Program Guidelines dated February 24, 2021; and WHEREAS, for the purpose of performing the City of National City's ("City") obligations ("Transit Obligations") under the Agreement, the Developer will reimburse the City $6,750,000. 111 123 of 731 Resolution No. 2021 — Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes the City Manager to execute an Affordable Housing and Sustainable Communities Implementation and Mutual Indemnity Agreement with the Metropolitan Area Advisory Committee on Anti -Poverty of San Diego County, Inc. (MAAC Project), a 501(c)3 non-profit organization, for the City's implementation of transportation infrastructure or transit -related amenities with a total budget of $6,750,000 within the vicinity of the a proposed 400-unit affordable housing project at 233 Roosevelt Avenue in National City. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution. PASSED and ADOPTED this 1st day of June, 2021. ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney Alejandra Sotelo-Solis, Mayor 124 of 731 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 "No Truck Parking" signage on the east side of Highland Avenue, north of E. 2nd Street, to increase parking turnover for customers and employees of the nearby businesses and to enhance street safety (TSC No. 2021-07). (Engineering/Public Works) Please scroll down to view the backup material. 125 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of "No Truck Parking" signage on the east side of Highland Avenue, north of E. 2nd Street, to increase parking turnover for customers and employees of the nearby businesses and to enhance street safety (TSC No. 2021-07). PREPARED BY: Carla Hutchinson, Assistant Engineer Civil CAA* DEPARTMENT: E PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. gl u li'c Works FINANCIAL STATEMENT: ACCOUNT NO. 1N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of "No Truck Parking" signage on the east side of Highland Avenue, north of E. nd Street, to increase parking turnover for customers and employees of the nearby businesses and to enhance safety at the street. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on May 12, 2021, the Traffic Safety Committee approved staffs recommendation to install "No Truck Parking" signage on the east side of Highland Avenue, north side of E. 2nci Street. ATTACHMENTS: 1. Explanation wi Exhibit 2. Staff Report to the Traffic Safety Committee on May 12, 2021 (TSC No. 2021-07) 3. Resolution 126 of 731 EXPLANATION An area resident has requested the installation of "No Truck Parking" signage on the east side of Highland Avenue, north of 2nd Street. The resident stated that commercial vehicles park very often and use up the available on -street parking along Highland Avenue during the day and night. The resident also mentioned that the installation of "No Truck Parking" signs would discourage trucks, semi -trucks, and/or trailers from parking adjacent to the businesses. Staff visited the site and verified that Highland Avenue is located in a mixed area with commercial businesses and residences and that commercial vehicles do park on Highland Avenue. The on -street parking spaces on the east side of the street do not have time restriction. Staff observed that there is existing "No Truck Parking" signs on the east side of Highland Avenue adjacent to 804 Melrose Street. Staff also observed that the adjacent businesses do not have sufficient off-street parking for their customers and employees. Furthermore, it should be noted that staff is evaluating opportunities to relocate truck parking to more desirable locations andor establish truck permit parking programs to minimize impacts to residents and businesses. Staff measured the amount of parking available on the east side of Highland Avenue, north of E. 2nd Street, with no "No Truck larking" signs. In total, there are approximately 60 feet of on -street parallel parking spaces available for three (3) vehicles. Staff also reviewed the traffic collision history for this location, which confirmed there were four 4 "reported" traffic collision within the past four years. See attached `Traffic Collision History" summary table. This item was presented to the Traffic Safety Committee on May 12, 2021. Staff sent notices to area residents inviting them to Zoom -in or 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. If approved by City Council, all work will be performed by City Public Works. 127 of 731 Location Map with Proposed Enhancements (TSC Item: 2021-07) PARKING VEHICLES OVER 6 HIGH E. 2....Street 60' of proposed "No Parking Vehicles Over 6' High" signs QogIEwth NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2020 ITEM TITLE: PREPARED DISCUSSION: REQUEST UEST TO INSTALL "NO TRUCK PARKING" SI NA E ON THE EAST SIDE OF HIGHLAND AVENUE NORTH OF E 2ND STREET TO INCREASE PARKING TURNOVER FOR CUSTOMERS AND EMPLOYEES OF THE NEARBY BY BUSINESSES, AND TO ENHANCE SAFETY AT THE STREET. Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department An area resident has requested the installation of "No Truck Parking" signage on the east side of Highland Avenue, north of E. 2nd Street. The resident stated that commercial vehicles park very often and use up the available on -street parking along Highland Avenue during the day and night. The resident also mentioned that the installation of "No Truck Parking" signs would discourage trucks, semi -trucks and/or trailers from parking adjacent to the businesses. Staff visited the site and verified that Highland Avenue is located in a mixed area with commercial businesses and residences, and that commercial vehicles do park on Highland Avenue. The on -street parking spaces are currently on the east side of the street do not have time restriction. Staff observed that there is existing "No Truck Parking" signs on the east side of Highland Avenue adjacent to 804 Melrose Street. Staff also observed that the adjacent businesses do not have sufficient off-street parking for their customers and employees. Furthermore, it should be noted that staff is evaluating opportunities to relocate truck parking to more desirable locations and/or establish truck permit parking programs to minimize impacts to residents and businesses. Staff measured the amount of parking available on the east side of Highland Avenue, east of E. 2nd Street with no "No Truck Parking" signs. In total, there are approximately 60 feet of on - street parallel parking spaces available for three vehicles. Staff also reviewed the traffic collision history for this location, which confirmed there were four (4) reported" traffic collision within the past four years. See attachment traffic collision summary table. STAFF RECOMMENDATION: MEI DATION: Staff recommends the installation of 60 feet of "No Parking Vehicles Over 6' High" signs (R28D) on the east side of Highland Avenue, north of E. 2nd Street, in order to provide on - street parking for customers and employees of the nearby businesses, and to discourage semi -trucks from parking in this area. 129 of 731 EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic collision history 2021-07 130of731 CALIFORNIA N AT I 0 NA IiiircORPoRANSD PUBLIC REQUEST FORM Contact Information Name: Area resident Address: Phone: Email: Request Information Location: East side of Highland Ave, north of E. 2nd St. Request: Requesting "No Truck Parking" signs Attachments: Yes No Description: Internal UseOnly: Request Received By: Date: Received via: Counter/in-Person Telephone Assigned To: Notes: Email Fax Referral: 131 of 731 May 5, 2021 Resident/Property Owner CALIFORNIA NATI NAL cum Subject: TRAFFIC SAFETY COMMITTEE ITTEE (TSC) ITEM NO. 2021-07 REQUEST TO INSTALL 60 FEET OF "NO TRUCK PARKING" SIGNAGE ON THE EAST SIDE OF HIGHLAND AVENUE, NORTH OF E. 2ND STREET, TO INCREASE PAVING TURNOVER FOR CUSTOMERS AND EMPLOYEES OF THE NEARBY BUSINESSES, AND TO ENHANCE SAFETY AT THE STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Cali scheduled for Wednesday, May 12, 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/ 9693 5 r rd= W 1 Qn P I Fa tR nth' nNm mYxdz0g Join 'oorr '1eetiri pf on e +1 8 g-900- 1 8 Meeting l D : 996 9343 8895 Passcode: 754338 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 2021-07. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-07 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@na#ionalcityca.gov 132 of 731 Location Map with Proposed Enhancements (TSC Item: 2021-07) VEHICLES OVER ' �II�Gr Existing 60' of red curb "No larking" 60' of proposed "No Parking Vehicles Over 6' High" signs 123,127 Highland Aire '1133 Highland Ave Pi's Cafe & Snack 133A Highland Ave - Car Audio Plus 11 PARKING vaiICLES OVER 6' HIGH I128D (CA) 10 PARKING VEHICLES OVER 6t HIGH Location of proposed "No Parking vehicles over 6' High" signs on the east side of Highland Avenue (looking south) NO PARKING VEHICLE OVER 6HIGH Highland Avenue '"Mm•mat., _ Location of proposed "No Parking vehicles over 6' High" signs on the east side of Highland Avenue (looking north) 134 of 731 Location of existing "No Truck Parking" signs on the east side of Highland Avenue, adjacent to 804 Melrose Street Location of existing No Parking vehicles over 6' High" signs on the east side of Highland Avenue (looking north) 135 of 731 Traffic Collision History (NCPD Records Division) From May 5, 2017 _• May 5, 2021, there was three (3) traffic collision on the intersection of Highland Avenue & E. 2 Street. VII LATIO.N DE5 IP1ION NATIONAL CITY' 18 J21O9B 4/27j201S15 VC 22350 UNSAFE SPEED (BASIC SPEED LAW) (I) 21:3FMG-HANDAVEN'UE,NC. 91950 3 = N INFRACTION NATIONAL CITY 19C046.I 1/24/201914:3S VC 22350 UNSAFE SPEED (BASIC SPEED LAW) (I) Y 1 0 N N INFRACTION 200HIGHLANDAVENUE, NC, 91950 NATIONAL 2005933 10/25/20200:01 VC 22350 UNSAFE SPEED (BASIC SPEED tAW) (I) 735 E 02ND STREET, NC, 91950 N L) I:0 Y MISDEMEANOR hd INFRACTION NATIONAL CITY 1903535 715/2C11910:12 VC21802A RIGHT-OF-WAY,FROM STOP INTERSECTION (I) EO2ND STREET & HIGHLAND AVENUE, NC, 91950 Y 3 0 N N INFRACTION rc It t 136of731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING INSTALLING "NO TRUCK PARKING" SIGNAGE ON THE EAST SIDE OF HIGHLAND AVENUE, NORTH OF EAST 2ND STREET (TSC NO. 2021-07) WHEREAS, an area resident requests the City install "No Truck Parking" signage on the East side of Highland Avenue, north of East 2nd Street, to increase parking turnover for customers and employees of the nearby businesses and to enhance street safety; and WHEREAS, City staff visited the site and verified that Highland Avenue's location in a mixed area with commercial businesses and residences and those commercial vehicles do park on Highland Avenue; and WHEREAS, City staff observed that there are existing "No Truck Parking" signage on the East side of Highland Avenue adjacent to 804 Melrose Street and determined that the adjacent businesses do not have sufficient off-street parking for their customers and employees; and WHEREAS, City of National City staff measured the amount of parking available on the East side of Highland Avenue, north of East 2nd Street, with no "No Truck Parking" signage, and in total, there are approximately sixty (60) feet of on -street parallel parking spaces available for three (3) vehicles; and WHEREAS, on May 12, 2021, the City of National City Traffic Safety Committee voted unanimously to approve City staff's recommendation to install "No Truck Parking" signage on the East side of Highland Avenue, north of East 2nd Street. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes the installation of "No Truck Parking" signage on the east side of Highland Avenue, north of East 2nd Street, to increase parking turnover for customers and employees of the nearby businesses and enhance street safety (TSC No. 2021-07). /// 137 of 731 Resolution No. 2021 — Page Two Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 138 of 731 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 1540 Harding Avenue (TSC No. 2021-08). (Engineering/Public Works) Please scroll down to view the backup material. 139 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 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 1540 Harding Avenue (TSC No. 2021-08). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civll . DEPARTMENT: Engi , ring'? blic Works PHONE: 619-336-4388 -4 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. NiA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED BY: 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 1540 Harding Avenue. BOARD ! COMMISSION RECOMMENDATION: At their meeting on May 12, 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 1540 Harding Avenue. ATTACHMENTS: 1. Explanation w/ Exhibit 2. Staff Report to the Traffic Safety Committee on May 12, 2021 (TSC No. 2021-08) 3. Resolution 140 of 731 EXPLANATION The resident of 1540 Harding Avenue has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that it is difficult for him to find parking in front of his residence due to the high demand of parking in the area and that a disabled persons parking space in front of his 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 Harding 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 on May 12, 2021. Staff sent notices to area residents inviting them to Zoom -in or 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 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 141 of 731 Location Map with Recommended Enhancements (TSC Item: 2021-08) IM B -' I - — M Mina FARMING ONLY Proposed blue curb disabled persons parking space 1 540 1=d a rd ing v nue ■ or- A lie - WAIF- 2 Valk NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2021 ITEM TITLE: REQUEST FOR INSTALLATION OF A► BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE CE AT 1640 HARDING AVENUE PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil Engineering & Public Works Department DISCUSSION: The resident of 1540 Harding Avenue, has requested a blue curb disabled persons parking space in front of his residence. The resident possesses a valid disabled persons placard from the California Department of Motor Vehicles. The resident stated that it is difficult for him to find parking in front of his residence due to the high demand of parking in the area and that a disabled persons parking space in front of his 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 Harding 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 Hardships" cases are as follows: 1. A►pplicant (or guardian) crust be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. . 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. . 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: OMMENDATION A' W 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 1540 Harding Avenue. 143 of 731 EXHIBITS: 1. Public Request Form 2. Public Notice 3. Location Map 4. Photos 5. City Council Disabled Persons Parking Policy 2021-08 144 of 731 7L� C.: 1., 1 REQUEST F ,sR BLUE CUR3 DISABLED PERSONS` `iR IN e + E NAME OF D)S4PLE1? PERSON: N•AME OF REPRESENTATIVE ADDRESS: EMAIL: ,r FOR DISABLED PERSON (if different from above): 167-1-0 A-11-w h+44TLDJAL_c C1:74riv ON NUMBER: ■ .11111111 y • • 1 s Please answer the following questions, which w1 i assIst Enghh eying staf, the Traffic Safety ComimitteP,i and your Cittr Council In determining if you are qualified to have a blue ae curt isa bled person; as kk g sp ce placae in front cif your resicienitv. Please be inftDrrnee that aN hirue curb parking spaced are considerae pa wing. Therefore, any registered vehicle in possession c, a disabled persons placate! cr plate is legally llo ire i to park in the Eue 'clubsp c fCT up to n continuous hours, 11 Do you pc secs a vsilicl eisabled perso 's placard issued by the California rtrinent Motor Vehkc•;' - E if YES, please inchide a copy of the placard, which contains your name address, placard number, and exrd ira o at 22 Does your rasiclienceh have a gt.-7-ragiq If YES, is the ga Bge large e` icugh to parka vehicle, (ninfrurn of 2V lc1 ') you- . ,,�s,l .a a h12ve a driveway? If Y e lL the drivewaydrireway large enough to park a vehicle (minimum i Jr of 20' )E 12') b) Is the drivel/trey lute! ? c) Is the cri re}w a' sloped/Inclined? mm•m III writ any additionai comments here (optional). \ C.U° U IA cycz 474A.— . =re+waloacea FIND ONO I 145 of 731 May 5, 2021 Resident/Property Owner CALIFORNIA NATIt•NAL Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-08 REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 1540 HARDING 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, May 12, 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/99693438895?pwd=QW5lOnZPN2FaS2tRZnph\inNmYmYxdz09 Join Zoom Meeting by phone +1 0 - 00-9128 Meeting ID: 996 9343 0 Passcode: 754338 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 2021.0 . Sincerely, Roberto Yam, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-08 1234 Nations! City Boulevard, National City, CA 91950-6530 {619} 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 146 of 731 Location Map with Recommended Enhancements (TSC Item: 2021-08) M • w i L� PARKING ONLY R99 (CA) Proposed blue curb disabled persons parking space WMkt 1540 Harding Avenue -.� '"- IMM 1540 Harding Avenue Angled blue curb parking space Harding Avenue Location of proposed blue curb disabled persons parking space in front of 1540 Harding Avenue (looking west) Angled blue curb parking space Location of proposed blue curb disabled persons parking space in front of 1540 Harding Avenue (looking south) 148 of 731 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 -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. Accreditedvocational training and educational facilities where no of - street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreationalfacilities 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. 1 M . Commercial and/or office buildings 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. 149 of 731 12. A hotel or apartment house catering to weekly or monthly pests 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 a specified in the General Requirements. C. n r l eQuire Bach 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 -thee parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the parttime 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) (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. 150 of 731 (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 a.y person with. valid "disabled persons" license plates may park in the above stalls. ha:p 151 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING INSTALLING A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE LOCATED AT 1540 HARDING AVENUE (TSC NO. 2021-08) WHEREAS, the resident of 1540 Harding Avenue possesses a valid Disabled Person Placard from the State of California Department of Motor Vehicles and has requested the installation of a blue curb disabled persons parking space in front of the residence to provide easier and safer access to the home because the demand for parking is high making it difficult to find on -street parking; and WHEREAS, City staff determined that the property meets all conditions to qualify for a blue curb disabled persons parking space in front of the home; and WHEREAS, on May 12, 2021, the City of National City Traffic Safety Committee voted unanimously to approve the installation of a blue curb disabled persons parking space with signage in front of the residence located at 1540 Harding Avenue. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes installing a blue curb disabled person's parking space with a sign in front of the residence located at 1540 Harding Avenue (TSC No. 2021- 08). Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 152 of 731 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 three T-intersections within the neighborhood bounded by "G" Avenue, between E. 19th Street and E. 22nd Street (TSC No. 2021-09). (Engineering/Public Works) Please scroll down to view the backup material. 153 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 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 three T-intersections within the neighborhood bounded by "G" Avenue, between E. 19th Street and E. 22nd Street (TSC No. 2021-09). PREPARED BY: Carla Hutchinson, Assistant Engineer Civil . . DEPARTMENT: Eng PHONE: 619-336-4388 APPROVED BY: EPLANA►TICN: See attached. ublic Works FINANCIAL STATEMENT: ACCOUNT NO. [N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF IECCMMENDA►TION: Adopt Resolution authorizing installation of a Stop Control sign at the three T-intersections on "G" Avenue, between E. 19th Street and E. 22nd Street. BOARD ! COMMISSION RECOMMENDATION: At their meeting on May 12, 2021, the Traffic Safety Committee approved staffs recommendation to install Stop Control signs at the three T-intersection on "G" Avenue, between E. 19th Street and E. 22nd Street. ATTACHMENTS: 1. Explanation wl Exhibit 2. Staff Report to the Traffic Safety Committee on May 12, 2021 (TSC No. 2021-09) 3. Resolution 154 of 731 EXPLANATION The Department of Public Works has requested the installation of Stop control signs at several "T" intersections within the neighborhood bounded by "G"Avenue, between E. 19th Street and E. 22nd Street, in order to enhance safety at the intersections. Staff visited the site and confirmed the following "T" intersections delimitated by the area described above: • E. 19th Street and "G" Avenue; • E. 21st Street and "G" Avenue; • E. 22nd Street and "G" Avenue. Staff also confirmed that all of these intersections do not have signed or marked control. It should also be noted that the "T" intersections are 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 all of the "T" intersections delimitated by the area described above since vehicles traveling 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 was one 1 "reported" traffic collision within the past four years, at the intersection of E. 19th Street and "G" Avenue. See attached traffic collision summary table. This item was presented to the Traffic Safety Committee miittee via Zoom platform on May 12, 2021. Staff sent notices to area residents inviting them to oom-in or call -in to the Traffic Safety Committee Meeting and/or contact staff with any questions. After the discussion, the Traffic Safety Committee approved staffs recommendation for the neighborhood bounded by "G" Avenue, between E. 19th Street and E. 22nd Street: . Install one Stop control sign on `iG" Avenue on the north side of E. 19th Street; . install one Stop control sign on "G" Avenue on the south side of E. 21st Street; 3. Install one Stop control sign on "G" Avenue on the north side of E. 22nd Street; 4. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of E. 19th Street. This will result in the Toss of one 1 on -street parallel parking space; 5. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of E. 22nd Street. This will result in the loss of one (1) on -street angle parking space; 6. Install 50 feet of double -yellow centerline on "G" Avenue on the north side of E. 19th Street; 7. Install 50 feet of double -yellow centerline on "" Avenue on the south side of E. 2Ist Street; 155 of 731 8. Install 50 feet: of double -yellow centerline on "G" Avenue on the north side of E. 22nd Street, 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. 156 of 731 Location Map with Recommended Enhancements (TSC Item: 2021-09) 25' of proposed Red Curb "No Parkng'' & 53) of proposed double -yellow centerline 25of proposed Red Curb "No Parkin' 8& 5O' of proposed double -yellow centerline LEGEND Proposed Stop sign R I-1 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2021 ITEM TITLE: REQUEST TO INSTALL STOP CONTROL SIGNS FOR THREE "T" INTERSECTIONS WITHIN THE NEIGHBORHOOD BOUNDED BY "G" AVENUE, BETWEEN E. 19TH STREET AND E 22ND STREET. T. PREPARED BY: Carla Hutchinson, Assistant Engineer Civil Engineering Public Works Department DISCUSSION: The Public Works Department has requested the installation of Stop control signs at several "T" intersections within the neighborhood bounded by "O» Avenue, between E. 19th Street and E. 22nd Street in order to enhance safety at the intersections. Staff visited the site and confirmed the following "T" intersections delimitated by the area described above: • E. 19th Street and "O'a Avenue; • E. 21 St Street and "G" Avenue; • E. 22nd Street and "G" Avenue. Staff also confirmed that all of these intersections do not have signed or marked control. It should also be noted that the "T" intersections are 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 all of the T intersections 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 was one (1) "reported" traffic collision within the past four years, at the intersection of E. 1th Street and "G" Avenue. STAFF RECOMMENDATION: Staff recommends the following traffic safety enhancements for the neighborhood bounded by "G' Avenue, between E. 19th Street and E. 22nd Street: 1. Install one Stop control sign on "G" Avenue on the north side of E. 19th Street; 2. install one Stop control sin on "G" Avenue on the south side of E. 2Ist Street; . Install one Stop control sign on "G" Avenue on the north side of E. 22nd Street; 158 of 731 4. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of E. 1 th Street. This will result in the loss of one 1 on -street parallel parking space; 5. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of E. 22nd Street. This will result in the loss of one 1 on -street angle parking in space; 6. Install 50 feet of double -yellow centerline on "G" Avenue on the north side of E. 1 th Street; ". Install 50 feet of double -yellow centerline on "G" Avenue on the south side of E. 215i Street; 8. Install 0 feet of double -yellow centerline on "G" Avenue on the north side of E. 22nd Street; EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic collision history 2021-09 159 of 731 CALIFORNIA NNU.ONAL L Cirr4rj IAr ORp OR JILTED PUBLIC REQUEST FORM Contact Information Name: Public Works Address: Phone: Email: Request Information Location: intersections of G Ave, between E. 19th St & E. 22nd St Request: Stop control sign required on these T-intersections Attachments: Yes Description: Internal Use Only: Request Received By: Date: Received via: CounterIn-Person Assigned To: Notes: TelephoneuEmail Fax Referral: 160 of 731 May 5, 2021 Resident/Property Owner CALIFORNIA - - NATIONALCVrV e a Subject: TRAFFIC SAFETY COMMITTEE T ITEM NO. 2021-09 REQUEST TO INSTALL STOP CONTROL SIGNS FOR THE THREE "T" INTERSECTIONS WITHING THE NEIGHBORHOOD BOUNDED BY "G" AVENUE, BETWEEN E. 19TH STREET AND E. 22ND STREET. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Cali scheduled for Wednesday, May 129 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/99693438895?pwd=QW51QnZPN2FaS2tRZnphVnNmYmYxdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 996 9343 95 Passcode: 754338 If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619- 0-4 80 and reference Traffic Safety Committee Item Number 2021-09. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-09 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax {619} 336-4397 engineering@natianalcityca.gov 161 of 731 Location Map with Recommended Enhancements (TSC Item: 2021-09) 251 of proposed Red Curb "No Parking' & 50' of proposed double -yellow centerline 25 of proposed Red Curb ' No Parking" & 50' of proposed double -yellow centerline LEGEND Proposed Stop sigr i-1 Request to install Stop Control sign on "G" Avenue on the north side of E. 19th Street (looking west} Request to install Stop Control sign on " " Avenue on the north side of E. 19th Street (looking north) 163 of 731 Request to install Stop Control sign on "G" Avenue on the south side of E. 21st Street (looking east) Request to install Stop Control sign on "G" Avenue on the south side of E. 15t Street (looking south 164 of 731 Request to install Stop Control sign on "6" Avenue on the north side of E. 22" Street (looking west) '4 AVRIM114111111011MMULJ 016WIIIIIMMICal JIM ...Makl•WMOI, .... . ,---ritS "1'-..-.• '1---, ,-,7- -'-....!, ,...-'.5- ”....7.,. ',''-. 7' .'-'.,-.0'7'9. 1-1._-' ..'-,r,,,..-..)47,... 1--1-,.,2':'rI.-, .'',','*_:--,_,._ r- ,.I_ :•7..,4--,-- •. : --:,•".- ,..e_ - --..,...,;:.-=_ - - ' i .. • .1,;'. .„71"-- ,• '-7,-' + .°:7=--' ---_- ._--,-..".....:'•I .s„-__-'_:'„4'...'', . ...1I-.4i.,.. :•:.7n:.;,-. - A_- .' ,;•4 :'r.E,,.i..I.t-t.,l-,l.'.44-titL,l..' .t,..: .,r;,-n.'I:4•-_t —— 1.. 1/44z.2';'%.,g4p.j-r %., ,*-. — .N6,s7 ,„,l,., ..„( '.;t!'rj;i. „.14„ • • .71- .7.. Request to install Stop Control sign on "G" Avenue on the north side of E. 22nd Street (looking north) 165 of 731 Traffic Collision History (NCPD Records Division) From May 3, 2017 — May 3, 2021, there was one (1) traffic collision on the intersection of G Avenue 84 E. 22r Street. There were no traffic collisions at the intersections of G Avenue & E. 191' Street or at G Avenue 84 E. 21st Street NA ,a , , . 1U.� "FLAG RONA/ CITY 1903958 7/26/20193:06 VC2G 2(A) HIT AND RUN:PROP DAMAGE (NI) 700E 22ND STREET, NC, 91950 N 0 0 Y MISDEMEANOR N 'MISDEMEANOR 7 a 7 4 'V 4 166 of 731 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING INSTALLING A STOP CONTROL SIGN FOR THE THREE (3) "T" INTERSECTIONS, RED CURBS, AND DOUBLE -YELLOW CENTERLINES WITHIN THE NEIGHBORHOOD BOUNDED BY "G" AVENUE, BETWEEN EAST 19TH STREET AND EAST 22ND STREET (TSC NO. 2021-09) WHEREAS, the National City's Department of Public Works requests authorization to install a Stop Control sign at three (3) "T" intersections within the neighborhood bounded by "G" Avenue, between East 19th Street and East 22nd Street, to enhance safety at the intersections; and WHEREAS, City staff performed a site evaluation and confirmed that these intersections do not have signed or marked control; and WHEREAS, the "T" intersections' location is 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 miles per hour ("mph"); and WHEREAS, City staff recommend installing a Stop Control sign at all of the "T" intersections delimitated by the area described above since vehicles traveling on the minor streets must make a complete stop before attempting to enter onto the major streets that have the right of way; and WHEREAS, City staff recommend installing a red curb "No Parking" and double -yellow striping to prevent vehicles from obstructing visibility of the Stop signs and centerline striping for alignment, which are typical traffic engineering safety measures for the implementation of Stop sign controls; and WHEREAS, on May 12, 2021, City staff presented its recommendation to the City of National City Traffic Safety Committee, which voted unanimously to approve City staff's recommendation for the neighborhood bounded by "G" Avenue, between East 19th Street and East 22nd Street: 1. Install one Stop Control sign on "G" Avenue on the north side of East 19th Street; 2. Install one Stop Control sign on "G" Avenue on the south side of East 21 st Street; 3. Install one Stop Control sign on "G" Avenue on the north side of East 22nd Street; 4. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of East 19th Street, which will result in the loss of one (1) on -street parallel parking space; 5. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of East 22nd Street, which will result in the loss of one (1) on -street angle parking space; 6. Install 50 feet of double -yellow centerline on "G" Avenue on the north side of East 19th Street; 7. Install 50 feet of double -yellow centerline on "G" Avenue on the south side of East 21st Street; 8. Install 50 feet of double -yellow centerline on "G" Avenue on the north side of East 22nd Street. 167 of 731 Resolution No. 2021 — Page Two NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council approves the following traffic safety enhancements (TSC NO. 2021-09) within the neighborhood bounded by "G" Avenue, between East 19th Street and East 22nd Street: 1. Install one Stop control sign on "G" Avenue on the north side of East 19th Street; 2. Install one Stop control sign on "G" Avenue on the south side of East 21st Street; 3. Install one Stop control sign on "G" Avenue on the north side of East 22nd Street; 4. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of East 19th Street, which will result in the loss of one (1) on -street parallel parking space; 5. Install 25 feet of red curb "No Parking" on "G" Avenue on the north side of East 22nd Street, which will result in the loss of one (1) on -street angle parking space; 6. Install 50 feet of double -yellow centerline on "G" Avenue on the north side of East 19th Street; 7. Install 50 feet of double -yellow centerline on "G" Avenue on the south side of East 21st Street; 8. Install 50 feet of double -yellow centerline on "G" Avenue on the north side of East 22nd Street. Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 168 of 731 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" at the intersection of Earle Drive and E. 16th Street in order to enhance safety and visibility for drivers exiting Earle Drive onto E. 16th Street (TSC No. 2021-10). (Engineering/Public Works) Please scroll down to view the backup material. 169 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1. 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" at the intersection of Earle Drive and E. 16th Street in order to enhance safety and visibility for drivers exiting Earle Drive onto E. 16th Street (TSC No. 2021-10). PREPARED BY: Carla Hutchinson, Assistant Engineer - ivilC I -. DEPARTMENT: En in PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. v ri • Pu r Iic Works FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FI1A►L ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of red curb "No Parking" at the intersection of Earle Drive and E. 16th Street. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on May 12, 2021, the Traffic Safety Committee approved staffs recommendation to install red curb "No Parking" at the intersection of Earle Drive and E. 16th Street, ATTACHMENTS: 1. Explanation wi Exhibit 2. Staff Report to the Traffic Safety Committee on May 12, 2021 (TSC No. 2021-10) 3. Resolution 170 of 731 EXPLANATION An area resident has requested red curb "No Parking" at the intersection between E. 16th Street and Earle Drive to improve visibility and enhance safety for the vehicles exiting from Earle Drive onto E. 16th Street. Staff performed a site evaluation. E. 16th Street is currently 2-lanes wide and has available parking on both sides of the street. The posted speed limit on E. 16th street is 30 mph. Staff confirmed that there is 35 feet of existing red curb "No Parking" on the west side of Earle Drive, north of E. 16th Street. Staffalso confirmed that there is feet f red curb "NoParking" on the east side of Earle Drive, north of E. 16th Street, due to n existing fire hydrant. Staff confirmed that when vehicles park too close to the corner on E. 16th Street and Earle Drive t the intersection, the visibility for the vehicles that are exiting Earle Drive onto E. 16th Street is obstructed. Staff also reviewed the traffic collision history for this location which confirmed there was ore 1 "reported" traffic collision within the past four years. The NCPD report shows that crash at the intersection was due to a violation of unsafe turn in the intersection (CVC 22107). See attached "Traffic Collision History" summary table. This item was presented to the Traffic Safety Committee via Zoom platform on May 12, 2021. Staff sent notices to area residents inviting them to Zoom -in or 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 10 feet of additional red curb "No Parking" on the east side of Earle Drive, north of E. 16th Street, to improve visibility for drivers exiting Earle Drive onto E. 16th Street. This will not result in the Ions of any on -street parking space. If approved by City Council, all work will be performed by City Public Works. 171 of 731 Location Map with Recommended Enhancements (TSC Item: 2021-10) 2945 E. 16th Street 35' of existing red curb "No Parking" MOO C7 'ofe i. tfr red • curb "No Par -Wing" with existing fire hydrant 3005 E. 16th Street 10' of proposed red curb "No Parong" ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 12, 2021 RE VEST TO INSTALL RED CURB "NO PARKING" AT THE JNTERSECTIONQF EARLE DRIVE AND E. 1 TH STREET IN ORDER To ENHANCE SAFETY AND VISIBILITY FOR DRIVERS WHEN EXITING EARLE DRIVE ONTO E. 16TH STREET. PREPARED Y:, Carla Hutchinson, Assistant Engineer -- Civil Engineering & Public Works Department DISCUSSION: An area resident, has requested red curb "No Parking" at the intersection between E. 16th Street and Earle Drive to improve visibility and enhance safety for the vehicles exiting from Earle Drive onto E. 16th Street. Staff performed a site evaluation. E. 16th Street is currently 2-lanes wide and has available parking on both sides of the street. The posted speed limit on E. 16th Street is 30 mph. Staff confirmed that there is 35 feet of existing red curb "No Parting" on the west side of Earle Drive, north of E. 16th Street. Staff also confirmed that there is 20 feet of red curb "No Parking" on the east side of Earle Drive, north of E. 16th Street due to an existing fire hydrant. Staff confirmed that when vehicles park too close to the corner on E. 16th Street and Earle Drive at the intersection, the visibility for the vehicles that are exiting Earle Drive onto E. 161h Street is obstructed. Staff also reviewed the traffic collision history for this location, which confirmed there was one 1 "reported" traffic collision within the past four years. The NCPD report shows that crash at the intersection was due to a violation of unsafe turn in the intersection (CVC 22107). See attachment traffic collision summary table. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends the installation of 10 feet of additional red curb "No Parking" on the east side of Earle Drive, north of E. 16th Street to improve visibility for vehicles exiting Earle Drive onto E. 16th Street. This will not result in the Toss of on -street parking space. ATTACHMENTS: I. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic collision history 2021-10 173 of 731 CALIFORNIA c Cirr LW+CORPORAT PUBLIC REQUEST FORM Contract Information Name: Area resident Address: Phone: Email: Request Information Location: Intersection of Earle Drive & E. 16th Street Request: Extend red curb on E. 16th St, east side of Earle Dr. to improve visibility for vehicles exiting Earle Dr. onto E. 16th St. Attachments: Yes No Description: Internal Use Only: Request Received By: - Date: Received via: Assigned To: Notes: Counter/In-Person Telephone Email Fax 1Referral: 174 of 731 May 5, 2021 Resident/Property Owner -;.- CALIFORNIA T11NALCI Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2021-10 REQUEST TO INSTALL RED CURB "NO PARKING" ON THE EAST SIDE OF EARLE DRIVE, NORTH OF E. 16TH STREET% IN ORDER TO ENHANCE SAFETY AND VISIBILITY AT THE INTERSECTION. Dear it Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Conference Call scheduled for Wednesday, May 12, 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 oputer https://zoom.us1/99693438895?pwd-QW51QnZPN2FaS2tRZnphVnNmYmYxdz09 Join Zoom Meeting by phone +1 669-900-9128 Meeting ID: 996 9343 8895 Passcode: 754338 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 2021-10. Sincerely, Roberto Yano, P.E. City Engineer/Director of Public Works RY:ch Enclosure: Location Map 2021-10 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 175 of 731 Location Map with Recommended Enhancements (TSC Item: 2021.10) main Own *ow vow 2945 E. 16th Street 20' of existing red curb "No Parking" with existing fire hydrant 3005 E. 16th Street 10' of proposed red curb "No Parking" Location of proposed red curb "No Parking" east of Earle Drive (looking north) 3005 E. 16th Street 10' of proposed red curb "No Parking" 20' of existing red curb "No Parking" due to fire hydrant Location of proposed red curb "No Parking" in front of Earle Drive (looking east) 177 of 731 Traffic Collision History (NCPD Records Division) From May 4, 2017 — May 4, 2021, there was one (1) traffic collision on the intersection of E. 16th Street and Earle Drive CMITY NUM 'DATE & M I• LAilON NATIONAL CITY 18O2O90 4/27/20188:57 VC 22107 TIIRN5:UNSA EETURN AND/OR NO TURN SIGNAL t) 9000E16TFISTREET, NC, 91950 N 0 0 N N INLRACTIof t sir 9 1 178 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, INSTALLING AN ADDITIONAL TEN (10) FEET OF RED CURB "NO PARKING" AT THE INTERSECTION OF EARLE DRIVE AND EAST 16TH STREET (TSC NO. 2021-10) WHEREAS, an area resident requests the City install a red curb "No Parking" at the intersection between East 16th Street and Earle Drive to improve visibility and enhance safety for the vehicles exiting from Earle Drive onto East 16th Street; and WHEREAS, City staff visited the site and verified that East 16th Street is currently 2-lanes wide and has available parking on both sides of the street with a speed limit of thirty (30) mph; and WHEREAS, City staff confirmed that when vehicles park too close to the corner at the intersection between East 16th Street and Earle Drive, the visibility for the vehicles that are exiting Earle Drive onto East 16th Street is obstructed; and WHEREAS, City staff reviewed the traffic collision history for this location, which confirmed there was one (1) "reported" traffic collision within the past four years; and WHEREAS, on May 12, 2021, the City of National City's Traffic Safety Committee voted unanimously approving City staff's recommendation to install ten (10) feet of additional red curb "No Parking" on the East side of Earle Drive, north of East 16th Street, to improve visibility for drivers exiting Earle Drive onto East 16th Street which will not result in the loss of any on -street parking space. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes installing an additional ten (10) feet of red curb "No Parking" at the intersection between Earle Drive and East 16th Street to enhance safety and visibility for drivers exiting Earle Drive onto East 16th Street (TSC No. 2021- 10). 179 of 731 Resolution No. 2021 — Page Two Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 180 of 731 The following page(s) contain the backup material for Agenda Item: Warrant Register #42 for the period of 4/14/21 through 4/20/21 in the amount of $2,346,196.31. (Finance) Please scroll down to view the backup material. 181 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #42 for the period of 4/14/21 through 4/20/21 in the amount of $2,346,196.31. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 4/14/21 - 4/20/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Fordyce Construction Inc 352240 83,952.32 CIP 21-07 City Hall NSD Svcs South Bay Comm Svcs 352271 340,849.80 Housing Agreement Tri-Group Cons & Dev 352279 231,485.74 CIP 19-19 Roosevelt Smart Growth West Coast Arborist Inc 352282 85,750.00 Calfire Grant Planting — Eng/Pw FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,346,196.31. 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 $2,346,196.31. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 42 182 of 731 CALIFORNIA PAYEE ACOSTA, V ADVANCED DIESEL INJECTION, INC AETNA BEHAVIORAL HEALTH ALTA LANGUAGE SERVICES INC AMAZON ATLAS TECHNICAL CONSULTANTS BAKER & TAYLOR BEVERIDGE, M BLUE PACIFIC ENGINEERING BRINK'S INCORPORATED CALIFA GROUP CEKANDER, L COUNTY OF SAN DIEGO DELEON, MARIO DELGADO, E DEPARTMENT OF JUSTICE DICK MILLER INC D-MAX ENGINEERING INC ENTERPRISE FLEET MANAGEMENT FORDYCE CONSTRUCTION INC GEOSYNTEC CONSULTANTS INC HAMEL, K HD SUPPLY CONSTRUCTION AND HDR ENGINEERING, INC. HINDERLITER DE LLAMAS HOME DEPOT CREDIT SERVICES INNOVATIVE CONSTRUCTION JUAREZ, MARCOS KREPPS, B KRONOS INC LASER SAVER INC LIEBERT CASSIDY WHITMORE MATLOCK, J MAZICH, S MIDWEST TAPE MUNICIPAL MAINTENANCE EQUIP NATIONAL CITY ELECTRIC NV5 INC ORTIZ, LILIA PEREZ, EDUARDO PERRY MOTORS OF NAT CITY LLC PORTILLO CONCRETE INC PROJECT PROFESSIONALS CORP RAMIREZ, OMAR RODRIGUEZ, EDGAR RODRIGUEZ, VIRGINIA SAKAMOTO, C SCANLON, D NATIONAL env INCORFOILA'i'ED WARRANT REGISTER # 42 4/20/2021 DESCRIPTION LICENSE REIMBURSEMENT PARTS FOR EMERGENCY SERVICES VEHICLE EMPLOYEE ASSISTANCE PROGRAM - APRIL EMPLOYEE BILINGUAL TESTING 4-PANEL ROOM DIVIDER FOR PD - ENG/PW P1 SEWER UPSIZE PROJECT - ENG/PW BOOKS FOR FY21 REIMBURSEMENT PARAMEDIC LICENSE/ FIRE CIP 18-14 SWEETWATER BIKEWAY CONNECTION ARMORED CAR SVCS 4/1/21-4/30/21 PRONUNCIATOR ANNUAL SUBSCRIPTION TRAINING REIM TRAINING MATER DEH2O20-CAMD-000077; NATIONAL CITY DUMP PARKING CITATION REFUND SUPREME TEEN CDBG SUPPLIES & MATERIALS NEW EMPLOYEE FINGERPRINT TEST RESULTS CIP 18-16 PARADISE CREEK PARK EXPANSION CIP 18-11 NC PARADISE CREEK BIOFILT PROP ENTERPRISE FLEET LEASE - ENG/PW CIP 21-07 CITY HALL NEIGHBORHOOD SVCS DUCK POND GW MONITORING - ENG/PW EDUCATION REIMBURSEMENT HIP W/STEEL TOE BOOT SIZE 9 CIP 18-11 PARADISE CREEK AT PLAZA PHASE AUDIT SVCS-TRANSACTION TAX / FINANCE COMM SRVCS MONTH SUPPLIES FOR KITS CIP 18-14 SWEETWATER BIKE PATH - ENG/PW PARKING CITATION REFUND REIMBURSEMENT PARAMEDEC LICENSE/ FIRE TELESTAFF IVR/ASPECT VOXEO SERVICE/ FIRE MOP: 45725 P2055 COMPATIBLE TONER PERSONNEL MATTER REIMBURSEMENT PARAMEDIC LICENSE/ FIRE REIMBURSEMENT PARAMEDIC LICENSE/ FIRE AUDIOVISUAL MATERIALS FOR FY21 SET KEY FOR DOOR LOCK CABIN CITYWIDE ON -SITE ELECTRICAL T&A 90414 RAINTREE COURT - ENG/PW REIMBURSEMENT FOR FOLKLORICO CLASS PARKING CITATION REFUND ELECTRICAL ISSUE CIP 19-05 PALM AVE RROAD REHAB - ENG/PW CIP 18-16 PARADISE CREEK PARK EXPANSION TRAINING REIM SLI 3 NC PARKING CITATION REFUND PARKING CITATION REFUND TRAINING REIM SUPRVSRY / PD TRAINING REIM POST / PD CHK NO 352221 352222 352223 352224 352225 352226 352227 352228 352229 352230 352231 352232 352233 352234 352235 352236 352237 352238 352239 352240 352241 352242 352243 352244 352245 352246 352247 352248 352249 352250 352251 352252 352253 352254 352255 352256 352257 352258 352259 352260 352261 352262 352263 352264 352265 352266 352267 352268 DATE 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 4/20/21 AMOUNT 60.00 1,101.99 991.66 66.00 70.69 2,727.00 1,710.51 125.50 25,003.53 302.00 1,995.00 32.57 459.00 80.00 1,275.23 160.00 44,621.72 5,012.72 15,595.10 83,952.32 2,874.00 239.44 296.53 15,844.25 2,038.03 355.20 16,602.00 10.00 125.50 110.68 59.76 7,462.72 125.50 125.50 2,495.18 750.05 1,630.00 950.00 84.00 10.00 148.00 25,318.36 15,948.03 160.16 110.00 0.44 552.10 632.04 1/2 183 of 731 CALIFORNIA °-4i PAYEE SIRSIDYNIX 774271 SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES STAPLES BUSINESS ADVANTAGE STINNETT, R THE BUMPER GUY INC THE NYHART COMPANY THE PUN GROUP LLP THE STAR NEWS TRANS-LANG TRI-GROUP CONSTRUCTION AND DEV U S BANK VISTA PAINT WEST COAST ARBORISTS INC WORLD OIL ENVIRONMENTAL WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 8 3/23/2021 NATIONAL N1?iL IT INCORFOILATEn WARRANT REGISTER # 42 4/20/2021 DESCRIPTION HORIZON AUTOMATION SYSTEM MAINTENANCE BUSINESS CARDS FOR STAFF/HED HOUSING AGREEMENT MOP #45704/OFFICE SUPPLIES/HR TRAINING POST SUPER REIM REPAIR - POLICE VEHICLE GASB 75 OPEB VALUATION REPORT CITY AUDIT YR ENDED JUNE 30,2020 / FINAL STAR NEWS AD #00104277 PRINT DATE 3-19-21 INTREPRETATION SVCS - STATE OF THE CITY CIP 19-19 ROOSEVELT SMART GROWTH - ENG/PW TRAINING CRED CRD SUPERVISRY TRNG MOP 68834 PAINT SUPPLIES / NSD CALFIRE GRANT PLANTING - ENG/PW USED OIL SERVICE CHARGE SVC PERIOD 03/23/21 - 04/05/21 End Date 4/5/2021 Check Date 4/5/2021 GRAND TOTAL CHK NO DATE AMOUNT 352269 4/20/21 18,409.20 352270 4/20/21 171.80 352271 4/20/21 340,849.80 352272 4/20/21 444.78 352273 4/20/21 647.48 352274 4/20/21 439.43 352275 4/20/21 1,950.00 352276 4/20/21 8,323.00 352277 4/20/21 212.69 352278 4/20/21 295.00 352279 4/20/21 231,485.74 352280 4/20/21 1,697.84 352281 4/20/21 641.34 352282 4/20/21 85,750.00 352283 4/20/21 160.00 A/P Total 971,878.11 41521 4/15/21 268, 320.19 1,105,998.01 $ 2,346,196.31 2/2 184 of 731 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. ,/-a(-1- a4,-,5<- 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 lst OF JUNE, 2021. AYES NAYS ABSENT 185 of 731 The following page(s) contain the backup material for Agenda Item: Warrant Register #43 for the period of 4/21/21 through 4/27/21 in the amount of $1,139,452.53. (Finance) Please scroll down to view the backup material. 186 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #43 for the period of 4/21/21 through 4/27/21 in the amount of $1,139,452.53. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, below are the payments issued for period 4/21/21 - 4/27/21. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of San Diego 352302 101,867.70 Qtr Billing for Fire Dispatch Svcs Kaiser Foundation HP 352333 194,156.76 Grp 104220-0002 — March 2021 Perry Electric 352357 319,002.49 CIP 19-13 Citywide Ped Safety Impr FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,139,452.53. 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 $1,139,452.53. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 43 187 of 731 CALIFORNIA °- PAYEE 24 HOUR ELEVATOR INC ACE UNIFORMS & ACCESSORIES INC ADMINSURE INC AIR POLLUTION CONTROL DISTRICT ALDEMCO ALL FRESH PRODUCTS ASSI SECURITY INC AT&T AT&T BAKER ELECTRIC INC BEST WAY PRINTING BROADWAY AUTO GLASS C P RICHARDS SIGNS INC CALIFORNIA DEPARTMENT OF TAX SERVICE CALIFORNIA ELECTRIC SUPPLY CALPERS - FINANCIAL REPORTING CITY OF CHULA VISTA CITY OF SAN DIEGO CITY OF SAN MARCOS CLF WAREHOUSE INC CODDINGTON LOCK AND SECURITY COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS CYRACOM INTERNATIONAL, INC DAY WIRELESS SYSTEMS DE LAGE LANDEN DEPT OF JUSTICE DICK MILLER INC DIVISION 8 INCORPORATED D-MAX ENGINEERING INC DPREP INC EXPRESS PIPE AND SUPPLY FERGUSON ENTERPRISES 1350 GEOSYNTEC CONSULTANTS INC GONZALES, R GOVERNMENT TRAINING AGENCY GRAINGER HANDY METAL MART HEALTH NET INC HOME DEPOT CREDIT SERVICES JANI-KING OF CALIFORNIA INC JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS NATI 'V IAL CIT IN'CORFOILA'i'En WARRANT REGISTER # 43 4/27/2021 DESCRIPTION CITY WIDE ELEVATOR SERVICE AND REPAIR CORRECT MN NAVY PANTS FOR FY 21/ FIRE AGREEMENT TO PROVIDE MONTHLY SERVICES ANNUAL DISTRIC FEES - NC FIRE DEPARMENT FOOD / NUTRITION COVID 19 CONSUMABLES PROVIDE SECURITY SERVICES AND REPAIRS AT&T SBC ANNUAL PHONE SERVICE FOR FY21 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 CIP 19-15 CITYWIDE SAFETY LIGHTING ENHAN 5000 DOOR HANGERS OFF -SITE WINDOW TINT & REPAIR / PW FILE SETUP / FIRE SALES TAX LIABILITY PERIOD OCT-DEC 2020 MOP 45698 ELECTRIC SUPPLIES - PW 2021 REPLACEMENT CHGS FOR CITY OF NATION RESCUE SYSTEMS 1 TRAINING / FIRE QUARTERY BILLING FOR FIRE DISPATCH SVCS- RESCUE SYSTEMS 1 TRAINING / FIRE MOP 80331 AUTO SUPPLIES - PW CITYWIDE ON -SITE ELECTRONIC DOOR, LOCK CHEMICALS - CHLORINE, ACID TABLETS, AND SD SHARE OF PC REV PER GC76000-761000 OR SD SHARE OF PC REV PER GC76000-761000 OR NC DUMP BAYSHORE BIKEWAY PROJECT - ENG/P NEXTGEN REGIONAL COMMUNICATIONS SYSTEM CITYWIDE ON -SITE HVAC SERVICES, COX DATA VIDEO SERVICES FOR FY21 LANGUAGE SERVICE QUARTERLY SERVICE LEASE 20 SHARP COPIERS FOR FY21 DOJ FINGERPRINTING CIP 18-11 PARADISE CREEK WQ&C ENH- ENG/P CITY WIDE ONSITE GLASS AND WINDOW T&A 90442 ENG/PW TRAINING TUITION OIS RGNZLS CITYWIDE PLUMBING PARTS, MATERIALS TOOL MOP 45723 GENERAL SUPPLIES - PW CNC COMPLIANCE WORK - ENG/PW TRAINING POST ADV SUB OIS SUPERV TRAINING TUITION SEARCH WRNT FITCHHORN BUILDING SUPPLIES AND EQUIPMENT FY 21- PA 1-1/2 X 1-1/2 X 1/4 ANGLE / FIRE GRP# LB439F - MARCH 21 GENERAL SUPPLIES FOR FY 2021 JANITORIAL SERVICES FIRE AND SECURITY ALARM MONITORING, GRP 104220 -0002 - MARCH 2021 CHK NO 352285 352286 352287 352288 352289 352290 352291 352292 352293 352294 352295 352296 352297 352298 352299 352300 352301 352302 352303 352304 352305 352306 352307 352308 352309 352310 352311 352312 352313 352314 352315 352316 352317 352318 352319 352320 352321 352322 352323 352324 352325 352326 352328 352329 352330 352331 352332 352333 DATE 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 AMOUNT 4,047.22 1,898.10 15,745.00 460.00 4,505.91 2,013.31 210.00 10,739.62 91.17 27,846.40 2,129.62 744.00 118.07 827.00 230.99 4,460.13 1,750.00 101,867.70 3,500.00 894.10 1,612.18 2,730.72 8,047.00 7,812.50 688.50 9,120.00 325.00 2,310.82 7.15 5,577.00 2,939.63 226.00 5,318.40 13,200.00 9,588.40 249.00 146.68 240.52 3,834.25 384.00 95.00 923.72 398.66 1,428.36 587.13 3,650.77 1,424.79 194,156.76 1/3 188 of 731 CALIFORNIA °- PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND KRONOS INC KTUA LASER SAVER INC LEKOS ELECTRIC INC. LEO K9 NUTRITION MAN K9 INC MASON'S SAW NAN MCKAY AND ASSOCIATES INC NATIONAL CITY ELECTRIC NATIONAL CITY MOTORCYCLES NATIONAL NOTARY ASSOCIATION NERI LANDSCAPE ARCHITECTURE NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PACIFIC STATES PETROLEUM INC PARTS AUTHORITY METRO LLC PENSKE FORD PERRY ELECTRIC PMW ASSOCIATES POLICE AND FIRE PSYCHOLOGY POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC S D TRAINING MANAGERS ASSOC SAM'S ALIGNMENT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET SUPPLY SAN DIEGO REGIONAL PUBLIC SAN YSIDRO HEALTH SDG&E SEAPORT MEAT COMPANY SHARP REES STEALY MED GROUP SHRED IT USA SHRED -IT SITEONE LANDSCAPE SUPPLY LLC SOLARPLACARD INC SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE NATI 'V IAL CIT IN'CORFOILA'i'En WARRANT REGISTER # 43 4/27/2021 DESCRIPTION GRP 104220-01,06,07 - MARCH 2021 GRP 104220-0005 - MARCH 2021 GRP 104220-03, 09 - MARCH 2021 GRP 104220 -7002 - MARCH 2021 8TH & ROOSEVELT ATP - ENG/PW KRONOS ANNUAL MAINTENANCE AND LICENSING ROOSEVELT AVE SMART GROWTH - ENG/PW MOP 04840 PRINTING PD CIP 19-14 E. 4TH ST PROTECTED LEFT TURN K9 LOKI FOOD AND EQUIP MARCH SERVICE MOP 45729 EQUIPMENT SUPPLIES AND REPAIR ONLINE TRAINING HCV ELIGIBILITY AND EXAM CITYWIDE ON -SITE ELECTRICAL SERVICE AND REPAIR FOR EMERGENCY NATIONAL NOTARY ASSOCIATION RENEWAL KIMBALL PARK CONCEPT MASTER PLAN UPDATE T&A90412 RANCHO ARROYO VILLAS G.P. FORM 1099 R ENVOLEPES FOR SECTION 8 MOP 75877 AUTO SUPPLIES - PW HYDRAULIC OIL & ENGINE OIL / PW MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2021 CIP 19-13 CITYWIDE PED SAFETY IMPROVE- ENG TWO DAY SUCCESSION PLANNING WKSP PRE EMPLOYMENT PSCH MOP 67839 GENERAL SUPPLIES - PW LUMBER FOR FIRE DEPT TRAINING - TEMPORARY PLACEMENT POSITION,SOA/ FIRE CIP 19-13 CITYWIDE PED SAFETY IMPR HSIP MOP 45742 LAUNDRY SERVICES - PW NCPD STANDBY POWER CONVERSION - ENG/PW TRAINING MEMBERSHIP SDTMA NAGLE WHEEL ALIGNMENT SERVICE FOR CITY TRAINING TUITION ROT LOZANO MOPO 02975 CANINE FOOD TRAINING REGIONAL ACADEMY / PD CARES ACT CDBG-CV AGREEMENT SAN DIEGO GAS & ELECTRIC FOOD NUTRITION PRE -EMPLOYMENT PHYSICAL & DMV EXAM SHRED SERVICE APRIL-2021 MONTHLY SERVICE FOR SECTION 8 MOP 69277 LANDSCAPE SUPPLIES - PW PLASTIC ACCOUNTABILITY TAGS VARIOUS CDBG AGREEMENT WITH SOUTH BAY COMMUNITY MOP 45758 GENERAL AUTO SUPPLIES - PW STREET LIGHTING SERVICE / PW CHK NO 352334 352335 352336 352337 352338 352339 352340 352341 352342 352343 352344 352345 352346 352347 352348 352349 352350 352351 352352 352353 352354 352355 352356 352357 352358 352359 352360 352361 352362 352363 352364 352365 352366 352367 352368 352369 352370 352371 352372 352373 352374 352375 352376 352377 352378 352379 352380 352381 DATE 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 4/27/21 AMOUNT 19,905.64 8,457.76 6,433.84 621.04 48,356.65 90.00 4,855.20 59.95 16,330.38 696.45 1,120.00 808.70 780.00 2,220.00 1,025.75 755.39 5,546.50 25,768.81 232.87 28.49 1,212.24 109.59 597.04 319,002.49 8,100.00 700.00 117.79 7,286.38 2,992.00 34,866.02 488.40 8,691.25 50.00 540.00 23.00 151.23 8.00 9,379.24 2,019.94 1,879.27 237.00 54.92 103.33 148.23 121.80 4,778.52 122.69 13,838.08 2/3 189 of 731 CALIFORNIA °-- NATIONAL My PAYEE STAPLES BUSINESS ADVANTAGE STC TRAFFIC SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TECHNOLOGY INTEGRATION GROUP TELECOM LAW FIRM P C TERMINIX INTERNATIONAL THE COUNSELING TEAM T'S & SIGNS U S BANK USA MOBILITY WIRELESS INC VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISTA PAINT VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY WITMER PUBLIC SAFETY GROUP INC WSP USA INC WSP USA INC CZNCORFOILA'6'En - 1 WARRANT REGISTER # 43 4/27/2021 DESCRIPTION MOP 20468 SUPPLIES PD HSIP CITY PROTEC LEFT TURN - ENG/PW WATER BILL FOR PARKS DIVISION FY 2021 FOOD NUTRITION MIS EQUIPMENT PROFESSIONAL SERVICES / CAO ON -SITE PEST CONTROL SERVICES PEER SUPPORT ORANGE T-SHIRT PRINT / CMO CREDIT CARD EXPENSES / FIRE METROCALL PAGING FOR FY21 MOP 46453 BUILDING SUPPLIES - PW VERIZON CELLULAR SERVICES FOR FY21 MOP 68834 PAINT SUPPLIES 1 NSD CITYWIDE ON -SITE SERVICE & REPAIRS ASPHALT, TACK, 3/8 SHEET FY 21 MISCELLANEOUS JANITORIAL SUPPLIES INVESTIGATIVE SERVICE MOP 63850 GENERAL SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW MOP 00351 SUPPLIES PD CUSTOM LEATHER SHIELD / FIRE FOCUSED GENERAL PLAN UPDATE - ENG/PW NAT CITY BIKE MASTER PLAN - ENG/PW GRAND TOTAL CHK NO DATE AMOUNT 352382 4/27/21 1,118.57 352383 4/27/21 49,738.71 352384 4/27/21 13.98 352385 4/27/21 2,565.23 352386 4/27/21 2,101.59 352387 4/27/21 2,784.00 352388 4/27/21 1,135.00 352389 4/27/21 800.00 352390 4/27/21 815.63 352391 4/27/21 678.40 352392 4/27/21 672.00 352393 4/27/21 349.74 352394 4/27/21 126.25 352395 4/27/21 601.55 352396 4/27/21 21,433.96 352397 4/27/21 251.70 352398 4/27/21 1,982.68 352399 4/27/21 633.22 352400 4/27/21 274.34 352401 4/27/21 34.62 352402 4/27/21 64.68 352403 4/27/21 249.75 352404 4/27/21 14,165.05 352405 4/27/21 14,048.73 A/P Total 1,139,452.53 $ 1,139,452.53 3/3 190 of 731 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. ,/-a(-1- a4,-,5<- 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 lst OF JUNE, 2021. AYES NAYS ABSENT 191 of 731 The following page(s) contain the backup material for Agenda Item: Public Hearing, second reading and adoption of an Ordinance of the City Council of the City of National City amending National City Chapter 9.52 of the National City Municipal Code regarding the Mandatory Commercial and Residential Recycling Program according to SB 1383. (Engineering/Public Works) Please scroll down to view the backup material. 192 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 'l. 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing, second reading and adoption of an Ordinance of the City Council of the City of National City amending National City Chapter 9.52 of the National City Municipal Code regarding the Mandatory Commercial and Residential Recycling Program according to SB 1383. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil , DEPARTMENT: En PHONE: 1- - 8 EXPLANATION: See attached. 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 Ordinance of the City Council of the City of National City amending National City Municipal Code Title 9, Section 9.52. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Ordinance with proposed changes (underlined/strikethrough version) 3. Ordinance with proposed changes (clean version) 193 of 731 Explanation In September 2016, Governor Brown signed SB 1383, establishing methane emissions reduction targets in a statewide effort to reduce emissions from short-lived climate pollutants in various sectors of California's economy. The ordinance amendments are a result of residential and commercial service collection updates to address state organic recycling requirements. AB 1826 and SB 1383 authorize and require local governments to implement an organic waste recycling program to recover organic waste from all organic waste generators. The purpose of the ordinance amendments are tocodify the automation of residential green waste collection and include compostables to the commercial collection waste stream and provide a method of collection. In order to conform with legal requirements, as well as current industrial standards and city practices for recycling and solid waste services provided by the hauler, staff recommends the adoption of the ordinance amendments. On May 18, 2021, the City Council held a public hearing and introduction of the proposed Mandatory Commercial and Residential Recycling Ordinance. City Council voted 5-0 to approve the introduction / first reading of the Ordinance. The City Council did not direct any changes to the proposed Ordinance recommended by City staff. Said amendments to the National City Municipal Code Section 9.52 are now presented for the second reading and adoption. 194 of 731 Chapter 9.52 - MANDATORY COMMERCIAL AND RESIDENTIAL RECYCLING PROGRAM 9.52.010 — Purpose. The purpose of this chapter is to: A. Establish requirements for collecting and recycling recyclable materials and collecting and processing organic materials generated from commercial facilities, multi -family dwellings, residential units, and special events. These requirements intend to accomplish the following: 1. Reduce greenhouse gas emissions associated with mining and manufacturing goods from virgin materials and associated with solid waste disposal in landfills; and 2. Protect the natural environment and human health and enhance the economy through increased recycling and organics processing activities. B. Meet the state recycling law, Assembly Bill 341 passed in 2011, and state organics recycling law, Assembly Bill 1826 passed in 2014, requirements for businesses and Multi - Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services for that waste and requires the City to implement a Mandatory Commercial Recycling program. C. Meet the requirements of Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016, that requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities, including Cities, residential households, Commercial Businesses, and business owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to support the achievement of Statewide Organic Waste disposal reduction targets. D. Provide for enforcement for violating the requirements of this chapter; E. Establish a schedule for this chapter's implementation and enforcement. 9.52.010020 - Definitions. Whenever in this chapter the following terms are used, they shall be deemed and construed to have the meaning ascribed to such respective terms in this section: "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. 195 of 731 "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Cities (and others). "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded by a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "Cardboard" means post -consumer waste paper grade corrugated cardboard (#11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. "City" means the City of National City, a municipal corporation of the State of California. "City Council" means the Mayor and City Council of the City of National City. "City Manager" means the City Manager of the City of National City or City Manager's designee. "Collection" means to take physical possession of solid waste materials or recyclables at residential, commercial, industrial, or governmental sites and transport it to a facility for processing, composting, transfer, disposal, or burning. "Collection vehicle or equipment" means any vehicle or equipment used to collect residential, commercial, industrial, or governmental solid waste or recyclables. "Collector" means any person who holds a valid City franchise or contracts to collect and subsequent transportation or disposal of solid waste. A collector operates routes or provides regular service and is directly or indirectly reimbursed for collecting and disposing solid waste from residential, commercial, or industrial premises in the City. A Collector may also be referred to as a "franchisee." "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for -profit or nonprofit, strip mall, industrial facility, or a multi -family residential dwelling, or as otherwise defined in 14 CCR Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. 196 of 731 "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 9.52.020 of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). "Commercial recyclables" means recyclables from the two commercial subcategories of office buildings (of more than 20,000 sq. ft.), as identified in Section 9.52.090. "Commercial solid waste" means solid waste originating from stores, offices and other "Commercial unit" includes each building and space primarily used for distributing and selling goods, wares, merchandise and services. has the same meaning as in Section 7.10.010 of the National City Municipal Code. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for compostability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). "Construction and demolition waste" means the non -hazardous waste building materials, packaging and demolition, ginggru the rubble resulting from construction, remodeling, repair, and demolition activities on housing, commercial or governmental building, and any other structure and pavement. "Curbside collection" means collecting recyclables from the residential waste stream from the curb or alleyway. "Designated recyclable materials" means materials that are recyclable and/or reusable within the following categories of residential, commercial (office and hospitality), and industrial as defined more specifically within each category as listed within this ordinance. "Disposal" means solid waste management through landfill disposal or transformation at a permitted solid waste facility. 197 of 731 "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. "Enforcement Action" means an act of the City to address non-compliance with this ordinance, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Enforcement Official" means the city manager or city manager's designee. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. 198 of 731 A Food Recovery Organization is not a Commercial Edible Food Generator for this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps exclude fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). "Food -Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. "Food Waste" means Food Scraps, Food -Soiled Paper, and Compostable Plastics. "Franchise" means any person or private or public entity designated by the City Council as responsible for administering the collection, processing, and/or disposal of solid waste or designated recyclables. "Franchisee" means any person or business concern who has been awarded an exclusive franchise by the City to provide single-family residential and commercial business solid waste, recyclables, yard waste, and other compostables collection services. "Garbage" means organic refuse and waste or fruit, vegetable and animal matter prepared and intended for human consumption, and not so used. "Glass bottles and jars" means food and beverage glass containers, including container glass covered by the deposit law, and excluding household and kitchen containers such as drinking glasses, cups, and cooking and serving dishes. "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. 199 of 731 "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three -container Organic Waste collection service that prohibits the placement of Organic Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). "Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or modifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated. "Highway" means any street, road, alley, highway, or thoroughfare. "Hospitality" means any establishment that offers dining services, food or beverage sales. Includes taverns, bars, cafeterias, restaurants, motels, hotels, hospitals, schools, colleges, and other establishments with dining services or a restaurant or bar on their premises. "Hospitality recyclables" means aluminum, corrugated cardboard, glass jars and bottles, plastic beverage bottles, tin and bimetal cans, and white goods generated by hospitality facilities. "Industrial recyclables" means recyclables from industry/construction waste streams, as identified in Section 9.52.9 8090. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment works, and/or solid wastes placed in commercial collection bins. 200 of 731 "Industrial unit" includes each building and space primarily used for producing and making, processing, or warehousing goods, wares, and merchandise, including construction and demolition activity. "Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking waste, automotive safety glass, and mirrors. "Inspection" means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). "Landfill" means a disposal system by which solid waste is deposited and compacted before burial in a specially prepared area that provides environmental monitoring and treatment. "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price or is operated by a local agency and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. "Litter" has the same meaning as in Section 7.41.010 of the National City Municipal Code. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). "Manure" means accumulated animal excrement. This includes, but is not limited to, feces and/or urine, any animal bedding material, spilled feed, or soil that is mixed with feces and/or urine. "Medical waste" means any solid waste which is generated or has been used in the diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto, and shall include, but not be limited to, biohazardous and medical waste or other solid waste as defined in Chapter 12 of the County Code of Regulatory Ordinances or State and Federal law. 201 of 731 "Metal" means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding, and other recyclable manufactured metal items. "Multiple residential unit" includes: 1. Each building having two or more spaces primarily used as a separate family dwelling; or 2. Two or more residential units situated on one lot. "Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities considered Commercial Businesses. "Newspaper" means materials printed on newsprint. "Nuisance" means anything harmful to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property and affects at the same time an entire community or neighborhood, or any number of persons. However, the extent of the annoyance or damage inflicted upon the individual may be unequal, resulting from the storage, removal, transport, processing, or disposal of solid waste and/or recyclables. "Occupant" includes and means every owner, tenant, or person having the care or control of any premise(s). "Odor threshold" means the lowest concentration of odorous matter that produces an olfactory response in normal human beings. has the same meaning as in Section 7.10.010E of the National City Municipal Code. "Office," for purposes of this chapter, shall mean any combination of offices or connected buildings of over twenty thousand square feet regardless of office affiliation, ownership or occupancy. This includes retail, wholesale, professional services, legal services, financial services, medical services, schools, colleges and libraries. "Office paper" means waste paper grades of white and colored ledgers. Examples include forms, copy paper, stationery, and other papers associated with desk activity. "Organic materials" means any biodegradable material identified by the City, such as yard waste, plant trimmings, food scraps, and paper that can be segregated from garbage and collected and recycled to anaerobic compost digestion or processing with other organics processing methods. Compostable plastics and biodegradable plastics are not acceptable items for collection services. 202 of 731 "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, landscape, and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). "Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, State of California, political subdivision, government agency, municipality, public corporation, or any other entity whatsoever. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). "Plastic beverage bottles" means plastic containers used for containing milk, juice, soft drinks, or water intended for human consumption; to be distinguished from nonfood bottles such as those containing motor oil, detergent, or other household products. "Polluted urban water runoff' means pollution, as defined herein, contained within "urban runoff' as defined in Section 15.70.020 of the National City Municipal Code. "Pollution" for purposes of this chapter, shall mean the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and direction, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. "Premises" means a tract or parcel of land with or without habitable buildings or appurtenant structures. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). "Processing" means the reduction, separation, recovery, or conversion of solid waste. 203 of 731 "Prohibited Container Contaminants" "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that is not identified as acceptable Source Separated Recyclable Materials for the City's Blue Container; (ii) discarded materials placed in the Green Container that is not identified as acceptable Source Separated Green Container Organic Waste for the City's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. "Putrescible wastes" means wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause a nuisance because of odors, gases or other offensive conditions. Material in this category includes, but is not limited to, kitchen waste, dead animals, food from containers, etc. "Radioactive waste" means any waste, which exceeds regulatory levels of activity as defined in Chapter 7 of the California Health and Safety Code. "Recyclable plastic beverage containers" shall mean those bottles marked PETE (1) and HDPE (2) on the bottom of plastic beverage containers. "Recycling" means any process by which materials which would otherwise become solid waste are collected (source -separated, commingled, or as "mixed waste"), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or material which are otherwise salvaged or recovered for reuse. "Refuse" means any mixture of putrescible and nonputrescible solid and semi -solid wastes, including, but not limited to, garbage, trash, residential refuse, industrial and commercial solid waste, vegetable or animal solid, and semi -solid wastes, and other solid waste destined for disposal sites. "Removal" means the act of taking solid wastes or recoverable material from the place of generation either by an approved collector, agent for the collector or by a person in control of the premises. "Residential recyclables" means those specific recyclable materials from the residential waste stream, as identified in Section 9.52.050090. "Residential unit" includes each building and space primarily used as a dwelling. 204 of 731 "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on -premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). "Rubbish" means refuse and waste material, whether combustible or noncombustible, not included within the definition of garbage as herein defined and not containcd within the > > and vine trimmings. It shall not include plaster, rock, sand, dirt, automobile frames or fenders, or waste material pertaining to building operations, construction or repair. It shall not mean discarded water heaters or furniture. It shall not mean hazardous or toxic wastes. has the same meaning as in Section 7.10.010 of the National City Municipal Code. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. "Scavenging" means the uncontrolled and/or unauthorized removal of solid waste materials, recyclable or recoverable materials. "Self -Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material he or she has generated for another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). "Single-family" means a structure containing a dwelling unit that is serviced with solid waste and recycling removal or pertaining to any residential premises with fewer than five (5) units. "Solid waste" has the same meaning as in Section 15.80.020 of the National City Municipal Code. "Solid waste facility" means and includes a solid waste transfer or processing facility, a construction, demolition, and inert debris processing/disposal facility, a compostable materials handling facility, a transformation facility, an incinerator, or a disposal facility. "Solid waste management" means a planned program for effectively controlling the generation, storage, collection, transportation, processing, and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical 205 of 731 manner. It includes all administrative, financial, environmental, legal, and planning functions as well as the operations aspects of solid waste handling, disposal, litter control, and resource recovery systems necessary to achieve established objectives. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, property manager, or property manager's employee into different containers for collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for collection and processing. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non -Organic Recyclables as defined in the 14 CCR Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. "Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables and Source Separated Blue Container Organic Waste. "Storage" means the interim containment of solid waste, materials, and recyclables in an approved manner. "Supermarket" means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider. (4) Food Distributor. 206 of 731 (5) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Restaurant with 250 or more scats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on -site Food Facility and 200 or more rooms. (3) Health facility with an on -site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event. (6) A State agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on -site Food Facility. "Tin and bimetal cans" means any food or beverage containers that are composed of steel with a thin coating or steel and aluminum. "To segregate waste material" means any of the following: the placement of recyclables in separate containers; the binding of recyclable material separately from the other waste material; the physical separation of recyclables from other waste material. "White goods" means kitchen or other large appliances. "Wholesale Food Vendor" means a business or establishment engaged in the wholesale merchant distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). "Wood wastes" means lumber and wood products but excludes painted wood, wood treated with chemicals, and pressure -treated wood. "Yard wastes" means leaves, grass, weeds, and wood material from trees and shrubs. (Ord. 92 2029 (part), 1992) 207 of 731 9.52.030 — Requirements for Single -Family Generators. Single -Family Organic Waste Generators shall comply with the following requirements: A. Subscribe to City's Organic Waste collection services for all Organic Waste generated as described below in Section B. The City shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service to properly separate materials and contain materials. B. Adjust its service level for its collection services as requested by the City. C. Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. 1. Single -Family Organic Waste Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 9.52.040 — Requirements for Commercial Businesses Generators. Commercial Businesses Generators shall comply with the following requirements: A. Subscribe to City's three container collection services and comply with the requirements of those services as described below in Section B. The City shall have the right to review the number and size of a generator's containers and collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. B. Adjust their service level for their collection services as requested by the City. C. Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below: 1. Commercial Businesses Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 2. Commercial Businesses Generators that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements described in this ordinance. 208 of 731 3. Excluding Multi -Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). 4. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. 5. Provide education information before or within fourteen (14) days of the occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. 6. Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance. 9.52.050 — Provisions for self -haulers. A. Nothing in this chapter shall preclude any person, commercial business, single-family residence, or special event from self -hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility. B. Self -haulers shall: 1. Comply with the requirements in this chapter by delivering for recycling those items that local recycling facilities can recycle; self -haulers that are also food service establishments shall comply by delivering for organics processing those items that local organics processing facilities accept. 2. Provide proof of compliance with this chapter upon request by the City; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered. Compliance records shall consist of the following information: a) Delivery receipts and weight tickets from the entity accepting the waste. b) The amount of material in cubic yards or tons transported by the generator to each entity. c) If the material is transported to an entity that does not have scales on -site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is 209 of 731 not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. 9.52.060 - Requirements for Commercial Edible Food Generators. A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with this section's requirements, commencing January 1, 2024. C. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. 2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self -hauls to the Food Recovery Organization for Food Recovery. 3. Shall not intentionally spoil Edible Food capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 4. Allow City's enforcement official to access the premises and review records pursuant to 14 CCR Section 18991.4. 5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: 1. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization. 210 of 731 2. The types of food that will be collected by or self -hauled to the Food Recovery Service or Food Recovery Organization. 3. The established frequency that food will be collected or self -hauled. 4. The quantity of food, measured in pounds recovered per month, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). 9.52.070 - Requirements for Food Recovery Organizations and Services. A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 211 of 731 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). D. Food Recovery Capacity Planning 1. Food Recovery Services and Food Recovery Organizations. To support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days unless the City otherwise specifies a shorter timeframe. 9.52.080 — Waiver for Generators. A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including Multi -Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 9.52.080 A.2. below. Commercial Businesses requesting a de minimis waiver shall: 1. Submit an application specifying the services they request a waiver from and provide documentation noted in Section 9.52.080 A.2. below. 2. Provide documentation that either: a. The Commercial Business' total Solid Waste collection service is two cubic yards or more per week, and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or 212 of 731 b. The Commercial Business's total Solid Waste collection service is less than two cubic yards per week, and Organic Waste, subject to collection in a Blue Container or Green Container, comprises less than 10 gallons per week applicable container of the business' total waste. 3. Notify the City if circumstances change such that Commercial Business's Organic Waste exceeds the threshold required for a waiver, in which case the waiver will be rescinded. 4. Provide written verification of eligibility for de minimis waiver every five (5) years if City has approved de minimis waiver. B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi -Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements. A Commercial Business or property owner may request a physical space waiver through the following process: 1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. 2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer. 3. Provide written verification to City that it is still eligible for a physical space waiver every five (5) years if City has approved the application for a physical space waiver. C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen (14) days, rather than once per week. D. Review and Approval of Waivers by the City. 9.52.0-50090 - Designated recyclable materials. The following are designated recyclables subject to this designation: A. Residential Recyclables. 1. Newspapers, 2. Plastic beverage bottles, 213 of 731 3. Aluminum, 4. Tin and bi-metal cans, 5. White goods (appliances), 6. Glass bottles and jars, 7. Organic materials; B. Commercial Recyclables. 1. Office buildings of.worc than twenty thous „E' e f et: a. Office paper, b. Corrugated cardboard, c. Newspapers, d. Aluminum, e. Organic materials, f. Other recyclables currently accepted and permitted by hauler; 2. Hospitality industry, including all restaurants and taverns: a. Plastic beverage bottles, b. Glass jars and bottles, c. White goods (appliances), d. Aluminum, e. Tin and bi-metal cans, f. Organic materials, g. Other recyclables currently accepted and permitted by hauler; C. Industrial and Construction Recyclables. 1. Dirt, 2. Asphalt, 3. Sand, 4. Land clearing brush, 5. Concrete, 6. Metal, 7 Rock, 8. Clean wood. 9. Other construction and demolition debris, such as rock, granite, and clean wood, and other materials currently accepted by the materials processing facility, 214 of 731 10. Other recyclables currently accepted and permitted by hauler; D. Yard Waste. 1. Leaves, 2. Grass, 3. Weeds, 4. Wood materials from trees and shrubs. The above list may be modified to add or delete listed items from time to time by City Council resolution. (Ord. 92 2029 (part), 1992) 9.52.020100 - Separation of recyclable materials. A. The City's designated rubbish hauler shall provide containers for designated recyclables to each of its customers to collect designated recyclables. B. Containers provided to single-family, and multi -family residences, commercial and industrial entities shall effectively segregate the designated recyclables for pickup. C. Every owner or occupant in charge of any property where rubbish, garbage, or refuse is generated shall separate all recyclable materials from other garbage and combined refuse and shall group together and place for collection such recyclable materials in the same manner as rubbish, garbage, or refuse placed for collection. Recyclable material that shall be grouped and separated from other garbage and refuse shall be established by City Council resolution. (Ord. 92 2029 (part), 1992) 9.52.034110 - Mandatory recycling implementation schedule. The following shall be the recycling implementation schedule within the city: A. Residential single-family B. Residential multi -family C. Yard and wood waste Effective Enforcement Date June 1, 1992 July 1, 1993 April 1, 1993 D. Commercial: office and hospitality July 1, 1993 E. Industrial January 1, 1993 215 of 731 (Ord. 92 2029 (part), 1992) 9.52.120 — Solid waste declared public nuisance — Exceptions. No solid waste shall be placed or allowed to be placed or remain upon any vacant lot, park, public or private property, street, road, highway, or alley within the limits of the City, and the same is declared to be a public nuisance, except that home composting of yard waste and compostables as defined in this chapter is exempt from the provisions of this section. It is further unlawful for any person to deposit or place such material in any garbage or refuse container owned or used by the owner of such property unless such person first obtains the permission of the owner to do so. 9.52.130 - Collection by a franchisee. A. No person shall provide a solid waste collection service within the City except in accordance with a franchise granted by the City. B. Through the granting of one or more franchises, the City Council shall provide solid waste collection services to all owners and occupiers of property within the City limits. C. The charge for such service shall be due and payable by each owner or occupier of property according to the schedule of rates and charges established, from time to time, by resolution of City Council. D. No person shall willfully fail, neglect, or refuse to pay the fees as prescribed in the schedule contained in said resolution after demanding by the contract agent. E. The franchisee will provide the billing and be responsible for collecting payments until the City accepts payment collection. Residential customers shall not be billed more than three months in advance. The franchisee shall not cancel service for nonpayment of refuse fees without written approval by the City Manager. F. Single-family residential customers may voluntarily suspend service upon vacating the residence, providing service is resumed immediately upon the residence being reoccupied. G. Multi -family residential complexes may voluntarily suspend service upon vacancy of all units within the complex, providing service is resumed immediately upon at least one unit being reoccupied. H. Commercial billing shall be monthly in arrears of service. 216 of 731 I. A senior citizen refuse discount program will be established by the contractor for senior citizens (persons sixty-five years and older). The City Council may, from time to time, by resolution, fix the rate and payment schedule. 9.52.140 — Franchisee franchise fee. The franchisee shall pay a franchise fee in an amount determined by resolution of the City Council or established in the franchise agreement authorizing the collection of solid waste, recyclables, yard waste, and other compostables. 9.52.150 — Hazardous wastes. No person shall transport or collect hazardous wastes without compliance with applicable State law. No person shall deposit, dump, spill, or otherwise allow to be placed on a County solid waste facility not designated as a hazardous waste disposal facility. 9.52.160 — Fees for recycling. A. The fees will be established by the resolution of the City Council. The City Council may, from time to time, amend such resolution. B. Residential and commercial businesses must pay the established fees for recycling unless exempted explicitly by City Council resolution. 9.52.170 — Solid waste diversion. Franchisee shall guarantee to the City that the diversion requirements of applicable State and Federal law will be fully satisfied at all times during the term and any extended term of the franchise agreement. 9.52.180 — Documentation of recycling tonnage. The City Council may, by resolution, establish requirements and procedures for commercial businesses to submit recycling tonnage documentation to the City to comply with state reporting requirements. 9.52.190 — Inspections and investigation by the City. A. The City's enforcement official is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi -Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self - Haulers, Food Recovery Services, and Food Recovery Organizations, subject to applicable laws. This Section does not allow the City to enter the interior of private residential property for inspection. 217 of 731 C. The regulated entity shall provide or arrange for access during all inspections (except for residential property interiors) and shall cooperate with the City's enforcement official during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described. D. Any records obtained by a City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as outlined in Government Code Section 6250 et seq. E. The City's enforcement official is authorized to conduct inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. F. The City shall receive written complaints from persons regarding an entity that may be potentially non -compliant with SB 1383 Regulations, including receipt of anonymous complaints. 9.52.044200 - Mandatory recycling enforcement. A. The Ceity Manager, who is assigned to duties which include the enforcement of solid waste regulations and laws, is responsible for enforcing the provisions of this chapter. B. The Ceity Mmanager shall have responsibility for enforcing all provisions of this chapter. Violation of any provision of this ordinance shall constitute grounds for issuing a Notice of Violation and assessing a fine by a City's Enforcement Official or representative. Enforcement Actions under this ordinance are the issuance of an administrative citation and assessment of a fine according to Section 1.20.010. Violatiens-ef-said-pr-evisions-will be prosecuted in the same manner as other violations of the municipal code; provided however that However nothing herein provided shall prevent the City Manager of the city manager from efforts to obtain voluntary compliance by way of warning, a notice of violation or educational means. (Ord. 92 2029 (part), 1992) 218 of 731 ORDINANCE NO. 2021 - Chapter 9.52 - MANDATORY COMMERCIAL AND RESIDENTIAL RECYCLING PROGRAM 9.52.010 — Purpose. The purpose of this chapter is to: A. Establish requirements for collecting and recycling recyclable materials and collecting and processing organic materials generated from commercial facilities, multi -family dwellings, residential units, and special events. These requirements intend to accomplish the following: 1. Reduce greenhouse gas emissions associated with mining and manufacturing goods from virgin materials and associated with solid waste disposal in landfills; and 2. Protect the natural environment and human health and enhance the economy through increased recycling and organics processing activities. B. Meet the state recycling law, Assembly Bill 341 passed in 2011, and state organics recycling law, Assembly Bill 1826 passed in 2014, requirements for businesses and Multi - Family property owners that generate a specified threshold amount of Solid Waste to arrange for recycling services for that waste and requires the City to implement a Mandatory Commercial Recycling program. C. Meet the requirements of Senate Bill 1383, the Short-lived Climate Pollutant Reduction Act of 2016 that requires CalRecycle to develop regulations to reduce organics in landfills as a source of methane. The regulations place requirements on multiple entities, including Cities, residential households, Commercial Businesses, and business owners, Commercial Edible Food Generators, haulers, Self -Haulers, Food Recovery Organizations, and Food Recovery Services to support the achievement of Statewide Organic Waste disposal reduction targets. D. Provide for enforcement for violating the requirements of this chapter; E. Establish a schedule for this chapter's implementation and enforcement. 9.52.020 - Definitions. Whenever in this chapter the following terms are used, they shall be deemed and construed to have the meaning ascribed to such respective terms in this section: 1 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 219 of 731 "Blue Container" has the same meaning as in 14 CCR Section 18982.2(a)(5) and shall be used for the purpose of storage and collection of Source Separated Recyclable Materials. "CalRecycle" means California's Department of Resources Recycling and Recovery, which is the department designated with responsibility for developing, implementing, and enforcing SB 1383 Regulations on Cities (and others). "California Code of Regulations" or "CCR" means the State of California Code of Regulations. CCR references in this ordinance are preceded by a number that refers to the relevant Title of the CCR (e.g., "14 CCR" refers to Title 14 of CCR). "Cardboard" means post -consumer waste paper grade corrugated cardboard (#11), kraft (brown) paper bags, or solid fiber boxes which have served their packaging purposes and are discarded and can later be reclaimed for collection and recovery for recycling. "City" means the City of National City, a municipal corporation of the State of California. "City Council" means the Mayor and City Council of the City of National City. "City Manager" means the City Manager of the City of National City or City Manager's designee. "Collection" means to take physical possession of solid waste materials or recyclables at residential, commercial, industrial, or governmental sites and transport it to a facility for processing, composting, transfer, disposal, or burning. "Collection vehicle or equipment" means any vehicle or equipment used to collect residential, commercial, industrial, or governmental solid waste or recyclables. "Collector" means any person who holds a valid City franchise or contracts to collect and subsequent transportation or disposal of solid waste. A collector operates routes or provides regular service and is directly or indirectly reimbursed for collecting and disposing solid waste from residential, commercial, or industrial premises in the City. A Collector may also be referred to as a "franchisee." "Commercial Business" or "Commercial" means a firm, partnership, proprietorship, joint- stock company, corporation, or association, whether for -profit or nonprofit, strip mall, industrial facility, or a multi -family residential dwelling, or as otherwise defined in 14 CCR 2 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 220 of 731 Section 18982(a)(6). A Multi -Family Residential Dwelling that consists of fewer than five (5) units is not a Commercial Business for purposes of implementing this ordinance. "Commercial Edible Food Generator" includes a Tier One or a Tier Two Commercial Edible Food Generator as defined in Section 9.52.020 of this ordinance or as otherwise defined in 14 CCR Section 18982(a)(73) and (a)(74). For this definition, Food Recovery Organizations and Food Recovery Services are not Commercial Edible Food Generators pursuant to 14 CCR Section 18982(a)(7). "Commercial recyclables" means recyclables from the two commercial subcategories of office buildings (of more than 20,000 sq. ft.), as identified in Section 9.52.090. "Commercial unit" has the same meaning as in Section 7.10.010 of the National City Municipal Code. "Community Composting" means any activity that composts green material, agricultural material, food material, and vegetative food material, alone or in combination, and the total amount of feedstock and Compost on -site at any one time does not exceed 100 cubic yards and 750 square feet, as specified in 14 CCR Section 17855(a)(4); or, as otherwise defined by 14 CCR Section 18982(a)(8). "Compostable Plastics" or "Compostable Plastic" means plastic materials that meet the ASTM D6400 standard for composability, or as otherwise described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C). "Construction and demolition waste" means the non -hazardous waste building materials, packaging and_rubble resulting from construction, remodeling, repair, and demolition activities on housing, commercial or governmental building, and any other structure and pavement. "Curbside collection" means collecting recyclables from the residential waste stream from the curb or alleyway. "Designated recyclable materials" means materials that are recyclable and/or reusable within the following categories of residential, commercial (office and hospitality), and industrial as defined more specifically within each category as listed within this ordinance. "Disposal" means solid waste management through landfill disposal or transformation at a permitted solid waste facility. 3 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 221 of 731 "Edible Food" means food intended for human consumption, or as otherwise defined in 14 CCR Section 18982(a)(18). For this ordinance or as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food" is not Solid Waste if it is recovered and not discarded. Nothing in this ordinance or 14 CCR, Division 7, Chapter 12 requires or authorizes the Recovery of Edible Food that does not meet the food safety requirements of the California Retail Food Code. "Enforcement Action" means an act of the City to address non-compliance with this ordinance, including, but not limited to, issuing administrative citations, fines, penalties, or using other remedies. "Enforcement Official" means the city manager or city manager's designee. "Excluded Waste" means hazardous substance, hazardous waste, infectious waste, designated waste, volatile, corrosive, medical waste, infectious, regulated radioactive waste, and toxic substances or material that facility operator(s), which receive materials from the City and its generators, reasonably believe(s) would, as a result of or upon acceptance, transfer, processing, or disposal, be a violation of local, State, or Federal law, regulation, or ordinance, including: land use restrictions or conditions, waste that cannot be disposed of in Class III landfills or accepted at the facility by permit conditions, waste that in City's reasonable opinion would present a significant risk to human health or the environment, cause a nuisance or otherwise create or expose City to potential liability; but not including de minimis volumes or concentrations of waste of a type and amount normally found in Single -Family or Multi -Family Solid Waste after implementation of programs for the safe collection, processing, recycling, treatment, and disposal of batteries and paint in compliance with Sections 41500 and 41802 of the California Public Resources Code. "Food Distributor" means a company that distributes food to entities including, but not limited to, Supermarkets and Grocery Stores, or as otherwise defined in 14 CCR Section 18982(a)(22). "Food Facility" has the same meaning as in Section 113789 of the Health and Safety Code. "Food Recovery" means actions to collect and distribute food for human consumption that otherwise would be disposed of, or as otherwise defined in 14 CCR Section 18982(a)(24). "Food Recovery Organization" means an entity that engages in the collection or receipt of Edible Food from Commercial Edible Food Generators and distributes that Edible Food to the public for Food Recovery either directly or through other entities or as otherwise defined in 14 CCR Section 18982(a)(25), including, but not limited to: (1) A food bank as defined in Section 113783 of the Health and Safety Code; (2) A nonprofit charitable organization as defined in Section 113841 of the Health and Safety Code; and, (3) A nonprofit charitable temporary food facility as defined in Section 113842 of the Health and Safety Code. 4 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 222 of 731 A Food Recovery Organization is not a Commercial Edible Food Generator for this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). If the definition in 14 CCR Section 18982(a)(25) for Food Recovery Organization differs from this definition, the definition in 14 CCR Section 18982(a)(25) shall apply to this ordinance. "Food Recovery Service" means a person or entity that collects and transports Edible Food from a Commercial Edible Food Generator to a Food Recovery Organization or other entities for Food Recovery, or as otherwise defined in 14 CCR Section 18982(a)(26). A Food Recovery Service is not a Commercial Edible Food Generator for this ordinance and implementation of 14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7). "Food Scraps" means all food such as, but not limited to, fruits, vegetables, meat, poultry, seafood, shellfish, bones, rice, beans, pasta, bread, cheese, and eggshells. Food Scraps exclude fats, oils, and grease when such materials are Source Separated from other Food Scraps. "Food Service Provider" means an entity primarily engaged in providing food services to institutional, governmental, commercial, or industrial locations of others based on contractual arrangements with these types of organizations, or as otherwise defined in 14 CCR Section 18982(a)(27). "Food -Soiled Paper" is compostable paper material that has come in contact with food or liquid, such as, but not limited to, compostable paper plates, paper coffee cups, napkins, pizza boxes, and milk cartons. "Food Waste" means Food Scraps, Food -Soiled Paper, and Compostable Plastics. "Franchise" means any person or private or public entity designated by the City Council as responsible for administering the collection, processing, and/or disposal of solid waste or designated recyclables. "Franchisee" means any person or business concern who has been awarded an exclusive franchise by the City to provide single-family residential and commercial business solid waste, recyclables, yard waste, and other compostable collection services. "Glass bottles and jars" means food and beverage glass containers, including container glass covered by the deposit law, and excluding household and kitchen containers such as drinking glasses, cups, and cooking and serving dishes. "Gray Container" has the same meaning as in 14 CCR Section 18982.2(a)(28) and shall be used for the purpose of storage and collection of Gray Container Waste. "Gray Container Waste" means Solid Waste that is collected in a Gray Container that is part of a three -container Organic Waste collection service that prohibits the placement of Organic 5 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 223 of 731 Waste in the Gray Container as specified in 14 CCR Sections 18984.1(a) and (b), or as otherwise defined in 14 CCR Section 17402(a)(6.5). "Green Container" has the same meaning as in 14 CCR Section 18982.2(a)(29) and shall be used for the purpose of storage and collection of Source Separated Green Container Organic Waste. "Grocery Store" means a store primarily engaged in the retail sale of canned food; dry goods; fresh fruits and vegetables; fresh meats, fish, and poultry; and any area that is not separately owned within the store where the food is prepared and served, including a bakery, deli, and meat and seafood departments, or as otherwise defined in 14 CCR Section 18982(a)(30). "Hazardous waste" means all substances defined as hazardous waste, acutely hazardous waste, or extremely hazardous waste by the State of California in Health and Safety Code Sections 25110.02, 25115, and 25117 or in the future amendments to or modifications of such statutes or identified and listed as hazardous waste by the U.S. Environmental Protection Agency, pursuant to the Federal Resource Conservation and Recovery Act (42 USC Section 6901 et seq.), all future amendments thereto, and all rules and regulations promulgated. "Highway" means any street, road, alley, highway, or thoroughfare. "Hospitality" means any establishment that offers dining services, food or beverage sales. Includes taverns, bars, cafeterias, restaurants, motels, hotels, hospitals, schools, colleges, and other establishments with dining services or a restaurant or bar on their premises. "Hospitality recyclables" means aluminum, corrugated cardboard, glass jars and bottles, plastic beverage bottles, tin and bimetal cans, and white goods generated by hospitality facilities. "Industrial recyclables" means recyclables from industry/construction waste streams, as identified in Section 9.52.090. "Industrial solid waste" means solid waste originating from mechanized manufacturing facilities, factories, refineries, construction and demolition projects, publicly operated treatment works, and/or solid wastes placed in commercial collection bins. 6 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 224 of 731 "Industrial unit" includes each building and space primarily used for producing and making, processing, or warehousing goods, wares, and merchandise, including construction and demolition activity. "Inert" means materials such as concrete, soil, asphalt, ceramics, earthen cooking waste, automotive safety glass, and mirrors. "Inspection" means a site visit where a City reviews records, containers, and an entity's collection, handling, recycling, or landfill disposal of Organic Waste or Edible Food handling to determine if the entity is complying with requirements set forth in this ordinance, or as otherwise defined in 14 CCR Section 18982(a)(35). "Landfill" means a disposal system by which solid waste is deposited and compacted before burial in a specially prepared area that provides environmental monitoring and treatment. "Large Event" means an event, including, but not limited to, a sporting event or a flea market, that charges an admission price or is operated by a local agency and serves an average of more than 2,000 individuals per day of operation of the event, at a location that includes, but is not limited to, a public, nonprofit, or privately owned park, parking lot, golf course, street system, or other open space when being used for an event. If the definition in 14 CCR Section 18982(a)(38) differs from this definition, the definition in 14 CCR Section 18982(a)(38) shall apply to this ordinance. "Large Venue" means a permanent venue facility that annually seats or serves an average of more than 2,000 individuals within the grounds of the facility per day of operation of the venue facility. "Litter" has the same meaning as in Section 7.41.010 of the National City Municipal Code. "Local Education Agency" means a school district, charter school, or county office of education that is not subject to the control of city or county regulations related to Solid Waste, or as otherwise defined in 14 CCR Section 18982(a)(40). "Manure" means accumulated animal excrement. This includes, but is not limited to, feces and/or urine, any animal bedding material, spilled feed, or soil that is mixed with feces and/or urine. "Medical waste" means any solid waste which is generated or has been used in the diagnosis, treatment, or immunization of human beings or animals, or research pertaining thereto, and shall include, but not be limited to, biohazardous and medical waste or other solid waste as defined in Chapter 12 of the County Code of Regulatory Ordinances or State and Federal law. 7 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 225 of 731 "Metal" means recoverable aluminum, tin, and bi-metal materials such as used beverage containers, siding, and other recyclable manufactured metal items. "Multi -Family Residential Dwelling" or "Multi -Family" means of, from, or pertaining to residential premises with five (5) or more dwelling units. Multi -Family premises do not include hotels, motels, or other transient occupancy facilities considered Commercial Businesses. "Newspaper" means materials printed on newsprint. "Nuisance" means anything harmful to human health, or is indecent or offensive to the senses, and interferes with the comfortable enjoyment of life or property and affects at the same time an entire community or neighborhood, or any number of persons. However, the extent of the annoyance or damage inflicted upon the individual may be unequal, resulting from the storage, removal, transport, processing, or disposal of solid waste and/or recyclables. "Occupant" includes and means every owner, tenant, or person having the care or control of any premise(s). "Odor threshold" has the same meaning as in Section 7.10.010E of the National City Municipal Code. "Office," for purposes of this chapter, shall mean any combination of offices or connected buildings of over twenty thousand square feet regardless of office affiliation, ownership or occupancy. This includes retail, wholesale, professional services, legal services, financial services, medical services, schools, colleges and libraries. "Office paper" means waste paper grades of white and colored ledgers. Examples include forms, copy paper, stationery, and other papers associated with desk activity. "Organic materials" means any biodegradable material identified by the City, such as yard waste, plant trimmings, food scraps, and paper that can be segregated from garbage and collected and recycled to anaerobic compost digestion or processing with other organics processing methods. Compostable plastics and biodegradable plastics are not acceptable items for collection services. "Organic Waste" means Solid Wastes containing material originated from living organisms and their metabolic waste products, including but not limited to food, green material, 8 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 226 of 731 landscape, and pruning waste, organic textiles and carpets, lumber, wood, Paper Products, Printing and Writing Paper, manure, biosolids, digestate, and sludges or as otherwise defined in 14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14 CCR Section 18982(a). "Organic Waste Generator" means a person or entity that is responsible for the initial creation of Organic Waste, or as otherwise defined in 14 CCR Section 18982(a)(48). "Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, State of California, political subdivision, government agency, municipality, public corporation, or any other entity whatsoever. "Paper Products" include, but are not limited to, paper janitorial supplies, cartons, wrapping, packaging, file folders, hanging files, corrugated boxes, tissue, and toweling, or as otherwise defined in 14 CCR Section 18982(a)(51). "Plastic beverage bottles" means plastic containers used for containing milk, juice, soft drinks, or water intended for human consumption; to be distinguished from nonfood bottles such as those containing motor oil, detergent, or other household products. "Polluted urban water runoff' means pollution, as defined herein, contained within "urban runoff' as defined in Section 15.70.020 of the National City Municipal Code. "Pollution" for purposes of this chapter, shall mean the condition caused by the presence in or on a body of water, soil, or air of any solid waste or substance derived therefrom in such quantity, of such nature and direction, or under such condition that the quality, appearance, or usefulness of the water, soil, land, or air is significantly degraded or adversely altered. "Premises" means a tract or parcel of land with or without habitable buildings or appurtenant structures. "Printing and Writing Papers" include, but are not limited to, copy, xerographic, watermark, cotton fiber, offset, forms, computer printout paper, white wove envelopes, manila envelopes, book paper, note pads, writing tablets, newsprint, and other uncoated writing papers, posters, index cards, calendars, brochures, reports, magazines, and publications, or as otherwise defined in 14 CCR Section 18982(a)(54). "Processing" means the reduction, separation, recovery, or conversion of solid waste. "Prohibited Container Contaminants" "Prohibited Container Contaminants" means the following: (i) discarded materials placed in the Blue Container that is not identified as acceptable Source Separated Recyclable Materials for the City's Blue Container; (ii) discarded 9 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 227 of 731 materials placed in the Green Container that is not identified as acceptable Source Separated Green Container Organic Waste for the City's Green Container; (iii) discarded materials placed in the Gray Container that are acceptable Source Separated Recyclable Materials and/or Source Separated Green Container Organic Wastes to be placed in City's Green Container and/or Blue Container; and, (iv) Excluded Waste placed in any container. "Putrescible wastes" means wastes that are capable of being decomposed by microorganisms with sufficient rapidity as to cause a nuisance because of odors, gases or other offensive conditions. Material in this category includes, but is not limited to, kitchen waste, dead animals, and food from containers, etc. "Radioactive waste" means any waste, which exceeds regulatory levels of activity as defined in Chapter 7 of the California Health and Safety Code. "Recyclable plastic beverage containers" shall mean those bottles marked PETE (1) and HDPE (2) on the bottom of plastic beverage containers. "Recycling" means any process by which materials which would otherwise become solid waste are collected (source -separated, commingled, or as "mixed waste"), separated and/or processed, and returned to the economic mainstream in the form of raw materials or products or material which are otherwise salvaged or recovered for reuse. "Refuse" means any mixture of putrescible and nonputrescible solid and semi -solid wastes, including, but not limited to, garbage, trash, residential refuse, industrial and commercial solid waste, vegetable or animal solid, and semi -solid wastes, and other solid waste destined for disposal sites. "Removal" means the act of taking solid wastes or recoverable material from the place of generation either by an approved collector, agent for the collector or by a person in control of the premises. "Residential recyclables" means those specific recyclable materials from the residential waste stream, as identified in Section 9.52.090. "Residential unit" includes each building and space primarily used as a dwelling. "Restaurant" means an establishment primarily engaged in the retail sale of food and drinks for on -premises or immediate consumption, or as otherwise defined in 14 CCR Section 18982(a)(64). 10 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 228 of 731 "Rubbish" has the same meaning as in Section 7.10.010 of the National City Municipal Code. "SB 1383" means Senate Bill 1383 of 2016 approved by the Governor on September 19, 2016, which added Sections 39730.5, 39730.6, 39730.7, and 39730.8 to the Health and Safety Code, and added Chapter 13.1 (commencing with Section 42652) to Part 3 of Division 30 of the Public Resources Code, establishing methane emissions reduction targets in a statewide effort to reduce emissions of short-lived climate pollutants as amended, supplemented, superseded, and replaced from time to time. "Self -Hauler" means a person who hauls Solid Waste, Organic Waste or recyclable material he or she has generated for another person. Self -hauler also includes a person who back -hauls waste, or as otherwise defined in 14 CCR Section 18982(a)(66). Back -haul means generating and transporting Organic Waste to a destination owned and operated by the generator using the generator's employees and equipment, or as otherwise defined in 14 CCR Section 18982(a)(66)(A). "Single-family" means a structure containing a dwelling unit that is serviced with solid waste and recycling removal or pertaining to any residential premises with fewer than five (5) units. "Solid waste" has the same meaning as in Section 15.80.020 of the National City Municipal Code. "Solid waste facility" means and includes a solid waste transfer or processing facility, a construction, demolition, and inert debris processing/disposal facility, a compostable materials handling facility, a transformation facility, an incinerator, or a disposal facility. "Solid waste management" means a planned program for effectively controlling the generation, storage, collection, transportation, processing, and reuse, conversion or disposal of solid waste in a safe, sanitary, aesthetically acceptable, environmentally sound, and economical manner. It includes all administrative, financial, environmental, legal, and planning functions as well as the operations aspects of solid waste handling, disposal, litter control, and resource recovery systems necessary to achieve established objectives. "Source Separated" means materials, including commingled recyclable materials, that have been separated or kept separate from the Solid Waste stream, at the point of generation, for additional sorting or processing those materials for recycling or reuse in order to return them to the economic mainstream in the form of raw material for new, reused, or reconstituted products, which meet the quality standards necessary to be used in the marketplace, or as otherwise defined in 14 CCR Section 17402.5(b)(4). For the ordinance, Source Separated shall include separation of materials by the generator, property owner, property owner's employee, 11 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 229 of 731 property manager, or property manager's employee into different containers for collection such that Source Separated materials are separated from Gray Container Waste/Mixed Waste or other Solid Waste for collection and processing. "Source Separated Blue Container Organic Waste" means Source Separated Organic Wastes that can be placed in a Blue Container that is limited to the collection of those Organic Wastes and Non -Organic Recyclables as defined in the 14 CCR Section 18982(a)(43), or as otherwise defined by Section 17402(a)(18.7). "Source Separated Green Container Organic Waste" means Source Separated Organic Waste that can be placed in a Green Container that is specifically intended for the separate collection of Organic Waste by the generator, excluding Source Separated Blue Container Organic Waste, carpets, Non-Compostable Paper, and textiles. "Source Separated Recyclable Materials" means Source Separated Non -Organic Recyclables and Source Separated Blue Container Organic Waste. "Storage" means the interim containment of solid waste, materials, and recyclables in an approved manner. "Supermarket" means a full -line, self-service retail store with gross annual sales of two million dollars ($2,000,000), or more, and which sells a line of dry grocery, canned goods, or nonfood items and some perishable items, or as otherwise defined in 14 CCR Section 18982(a)(71). "Tier One Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: (1) Supermarket. (2) Grocery Store with a total facility size equal to or greater than 10,000 square feet. (3) Food Service Provider. (4) Food Distributor. (5) Wholesale Food Vendor. If the definition in 14 CCR Section 18982(a)(73) of Tier One Commercial Edible Food Generator differs from this definition, the definition in 14 CCR Section 18982(a)(73) shall apply to this ordinance. "Tier Two Commercial Edible Food Generator" means a Commercial Edible Food Generator that is one of the following: 12 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 230 of 731 (1) Restaurant with 250 or more seats, or a total facility size equal to or greater than 5,000 square feet. (2) Hotel with an on -site Food Facility and 200 or more rooms. (3) Health facility with an on -site Food Facility and 100 or more beds. (4) Large Venue. (5) Large Event. (6) A State agency with a cafeteria with 250 or more seats or a total cafeteria facility size equal to or greater than 5,000 square feet. (7) A Local Education Agency facility with an on -site Food Facility. "Tin and bimetal cans" means any food or beverage containers that are composed of steel with a thin coating or steel and aluminum. "To segregate waste material" means any of the following: the placement of recyclables in separate containers; the binding of recyclable material separately from the other waste material; the physical separation of recyclables from other waste material. "White goods" means kitchen or other large appliances. "Wholesale Food Vendor" means a business or establishment engaged in the wholesale merchant distribution of food, where food (including fruits and vegetables) is received, shipped, stored, prepared for distribution to a retailer, warehouse, distributor, or other destination, or as otherwise defined in 14 CCR Section 189852(a)(76). "Wood wastes" means lumber and wood products but excludes painted wood, wood treated with chemicals, and pressure -treated wood. "Yard wastes" means leaves, grass, weeds, and wood material from trees and shrubs. 9.52.030 — Requirements for Single -Family Generators. Single -Family Organic Waste Generators shall comply with the following requirements: A. Subscribe to City's Organic Waste collection services for all Organic Waste generated as described below in Section B. The City shall have the right to review the number and size of a generator's containers to evaluate the adequacy of capacity provided for each type of collection service to properly separate materials and contain materials. 13 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 231 of 731 B. Adjust its service level for its collection services as requested by the City. C. Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below, and shall not place Prohibited Container Contaminants in collection containers. 1. Single -Family Organic Waste Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 9.52.040 — Requirements for Commercial Businesses Generators. Commercial Businesses Generators shall comply with the following requirements: A. Subscribe to City's three container collection services and comply with the requirements of those services as described below in Section B. The City shall have the right to review the number and size of a generator's containers and collection frequency to evaluate the adequacy of capacity provided for each type of collection service for proper separation of materials and containment of materials. B. Adjust their service level for their collection services as requested by the City. C. Participate in the City's Organic Waste collection service(s) by placing designated materials in designated containers as described below: 1. Commercial Businesses Generators shall place Source Separated Green Container Organic Waste, including Food Waste, in the Green Container; Source Separated Recyclable Materials in the Blue Container; and Gray Container Waste in the Gray Container. Generators shall not place materials designated for the Gray Container into the Green Container or Blue Container. 2. Commercial Businesses Generators that are Tier One or Tier Two Commercial Edible Food Generators shall comply with Food Recovery requirements described in this ordinance. 3. Excluding Multi -Family Residential Dwellings, periodically inspect Blue Containers, Green Containers, and Gray Containers for contamination and inform employees if containers are contaminated and the requirements to keep contaminants out of those containers pursuant to 14 CCR Section 18984.9(b)(3). 14 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 232 of 731 4. Annually provide information to employees, contractors, tenants, and customers about Organic Waste Recovery requirements and proper sorting of Source Separated Green Container Organic Waste and Source Separated Recyclable Materials. 5. Provide education information before or within fourteen (14) days of the occupation of the premises to new tenants that describes requirements to keep Source Separated Green Container Organic Waste and Source Separated Recyclable Materials separate from Gray Container Waste (when applicable) and the location of containers and the rules governing their use at each property. 6. Provide or arrange access for City or its agent to their properties during all inspections conducted in accordance with this ordinance to confirm compliance with the requirements of this ordinance. 9.52.050 — Provisions for self -haulers. A. Nothing in this chapter shall preclude any person, commercial business, single-family residence, or special event from self -hauling recyclable materials or organic materials generated by that entity to a recycling or organics processing facility. B. Self -haulers shall: 1. Comply with the requirements in this chapter by delivering for recycling those items that local recycling facilities can recycle; self -haulers that are also food service establishments shall comply by delivering for organics processing those items that local organics processing facilities accept. 2. Provide proof of compliance with this chapter upon request by the City; proof includes but is not limited to a receipt from a recycling or organics processing facility that clearly identifies the type and quantity of material delivered. Compliance records shall consist of the following information: a) Delivery receipts and weight tickets from the entity accepting the waste. b) The amount of material in cubic yards or tons transported by the generator to each entity. c) If the material is transported to an entity that does not have scales on -site or employs scales incapable of weighing the Self-Hauler's vehicle in a manner that allows it to determine the weight of materials received, the Self -Hauler is not required to record the weight of material but shall keep a record of the entities that received the Organic Waste. 9.52.060 - Requirements for Commercial Edible Food Generators. 15 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 233 of 731 A. Tier One Commercial Edible Food Generators must comply with the requirements of this Section commencing January 1, 2022, and Tier Two Commercial Edible Food Generators must comply commencing January 1, 2024, pursuant to 14 CCR Section 18991.3. B. Large Venue or Large Event operators not providing food services, but allowing for food to be provided by others, shall require Food Facilities operating at the Large Venue or Large Event to comply with this section's requirements, commencing January 1, 2024. C. Commercial Edible Food Generators shall comply with the following requirements: 1. Arrange to recover the maximum amount of Edible Food that would otherwise be disposed. 2. Contract with, or enter into a written agreement with Food Recovery Organizations or Food Recovery Services for: (i) the collection of Edible Food for Food Recovery; or (ii) acceptance of the Edible Food that the Commercial Edible Food Generator self -hauls to the Food Recovery Organization for Food Recovery. 3. Shall not intentionally spoil Edible Food capable of being recovered by a Food Recovery Organization or a Food Recovery Service. 4. Allow City's enforcement official to access the premises and review records pursuant to 14 CCR Section 18991.4. 5. Keep records that include the following information, or as otherwise specified in 14 CCR Section 18991.4: a. A list of each Food Recovery Service or organization that collects or receives its Edible Food pursuant to a contract or written agreement established under 14 CCR Section 18991.3(b). b. A copy of all contracts or written agreements established under 14 CCR Section 18991.3(b). c. A record of the following information for each of those Food Recovery Services or Food Recovery Organizations: 1. The name, address, and contact information of the Food Recovery Service or Food Recovery Organization. 2. The types of food that will be collected by or self -hauled to the Food Recovery Service or Food Recovery Organization. 3. The established frequency that food will be collected or self -hauled. 16 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 234 of 731 4. The quantity of food, measured in pounds recovered per month, collected or self -hauled to a Food Recovery Service or Food Recovery Organization for Food Recovery. D. Nothing in this ordinance shall be construed to limit or conflict with the protections provided by the California Good Samaritan Food Donation Act of 2017, the Federal Good Samaritan Act, or share table and school food donation guidance pursuant to Senate Bill 557 of 2017 (approved by the Governor of the State of California on September 25, 2017, which added Article 13 [commencing with Section 49580] to Chapter 9 of Part 27 of Division 4 of Title 2 of the Education Code, and to amend Section 114079 of the Health and Safety Code, relating to food safety, as amended, supplemented, superseded and replaced from time to time). 9.52.070 - Requirements for Food Recovery Organizations and Services. A. Food Recovery Services collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(1): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the service collects Edible Food. 2. The quantity in pounds of Edible Food collected from each Commercial Edible Food Generator per month. 3. The quantity in pounds of Edible Food transported to each Food Recovery Organization per month. 4. The name, address, and contact information for each Food Recovery Organization that the Food Recovery Service transports Edible Food to for Food Recovery. B. Food Recovery Organizations collecting or receiving Edible Food directly from Commercial Edible Food Generators, via a contract or written agreement established under 14 CCR Section 18991.3(b), shall maintain the following records, or as otherwise specified by 14 CCR Section 18991.5(a)(2): 1. The name, address, and contact information for each Commercial Edible Food Generator from which the organization receives Edible Food. 2. The quantity in pounds of Edible Food received from each Commercial Edible Food Generator per month. 3. The name, address, and contact information for each Food Recovery Service that the organization receives Edible Food from for Food Recovery. 17 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 235 of 731 C. Food Recovery Organizations and Food Recovery Services that have their primary address physically located in the City and contract with or have written agreements with one or more Commercial Edible Food Generators pursuant to 14 CCR Section 18991.3(b) shall report to the City it is located in the total pounds of Edible Food recovered in the previous calendar year from the Tier One and Tier Two Commercial Edible Food Generators they have established a contract or written agreement with pursuant to 14 CCR Section 18991.3(b). D. Food Recovery Capacity Planning 1. Food Recovery Services and Food Recovery Organizations. To support Edible Food Recovery capacity planning assessments or other studies conducted by the County, City, special district that provides solid waste collection services, or its designated entity, Food Recovery Services and Food Recovery Organizations operating in the City shall provide information and consultation to the City, upon request, regarding existing, or proposed new or expanded, Food Recovery capacity that could be accessed by the City and its Commercial Edible Food Generators. A Food Recovery Service or Food Recovery Organization contacted by the City shall respond to such request for information within 60 days unless the City otherwise specifies a shorter timeframe. 9.52.080 — Waiver for Generators. A. De Minimis Waivers. The City may waive a Commercial Business' obligation (including Multi -Family Residential Dwellings) to comply with some or all of the Organic Waste requirements of this ordinance if the Commercial Business provides documentation that the business generates below a certain amount of Organic Waste material as described in Section 9.52.080 A.2. below. Commercial Businesses requesting a de minimis waiver shall: 1. Submit an application specifying the services they request a waiver from and provide documentation noted in Section 9.52.080 A.2. below. 2. Provide documentation that either: a. The Commercial Business' total Solid Waste collection service is two cubic yards or more per week, and Organic Waste subject to collection in a Blue Container or Green Container comprises less than 20 gallons per week per applicable container of the business' total waste; or b. The Commercial Business's total Solid Waste collection service is less than two cubic yards per week, and Organic Waste, subject to collection in a 18 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 236 of 731 Blue Container or Green Container, comprises less than 10 gallons per week applicable container of the business' total waste. 3. Notify the City if circumstances change such that Commercial Business's Organic Waste exceeds the threshold required for a waiver, in which case the waiver will be rescinded. 4. Provide written verification of eligibility for de minimis waiver every five (5) years if City has approved de minimis waiver. B. Physical Space Waivers. The City may waive a Commercial Business' or property owner's obligations (including Multi -Family Residential Dwellings) to comply with some or all of the recyclable materials and/or Organic Waste collection service requirements if the City has evidence from its staff, a hauler, licensed architect, or licensed engineer demonstrating that the premises lacks adequate space for the collection containers required for compliance with the Organic Waste collection requirements. A Commercial Business or property owner may request a physical space waiver through the following process: 1. Submit an application form specifying the type(s) of collection services for which they are requesting a compliance waiver. 2. Provide documentation that the premises lacks adequate space for Blue Containers and/or Green Containers, including documentation from its hauler, licensed architect, or licensed engineer. 3. Provide written verification to City that it is still eligible for a physical space waiver every five (5) years if City has approved the application for a physical space waiver. C. Collection Frequency Waiver. The City, at its discretion and in accordance with 14 CCR Section 18984.11(a)(3), may allow the owner or tenant of any residence, premises, business establishment, or industry that subscribes to the City's Organic Waste collection service to arrange for the collection of their Blue Container, Gray Container, or both once every fourteen (14) days, rather than once per week. D. Review and Approval of Waivers by the City. 9.52.090 - Designated recyclable materials. The following are designated recyclables subject to this designation: A. Residential Recyclables. 1. Newspapers, 2. Plastic beverage bottles, 3. Aluminum, 19 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 237 of 731 4. Tin and bi-metal cans, 5. White goods (appliances), 6. Glass bottles and jars, 7. Organic materials; B. Commercial Recyclables. 1. Office buildings: a. Office paper, b. Corrugated cardboard, c. Newspapers, d. Aluminum, e. Organic materials, f. Other recyclables currently accepted and permitted by hauler; 2. Hospitality industry, including all restaurants and taverns: a. Plastic beverage bottles, b. Glass jars and bottles, c. White goods (appliances), d. Aluminum, e. Tin and bi-metal cans, f. Organic materials, g. Other recyclables currently accepted and permitted by hauler; C. Industrial and Construction Recyclables. 1. Dirt, 2. Asphalt, 3. Sand, 4. Land clearing brush, 5. Concrete, 6. Metal, 7 Rock, 8. Clean wood. 9. Other construction and demolition debris, such as rock, granite, and clean wood, and other materials currently accepted by the materials processing facility, 20 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 238 of 731 10. Other recyclables currently accepted and permitted by hauler; D. Yard Waste. 1. Leaves, 2. Grass, 3. Weeds, 4. Wood materials from trees and shrubs. The above list may be modified to add or delete listed items from time to time by City Council resolution. 9.52.100 - Separation of recyclable materials. A. The City's designated rubbish hauler shall provide containers for designated recyclables to each of its customers to collect designated recyclables. B. Containers provided to single-family, and multi -family residences, commercial and industrial entities shall effectively segregate the designated recyclables for pickup. C. Every owner or occupant in charge of any property where rubbish, garbage, or refuse is generated shall separate all recyclable materials from other garbage and combined refuse and shall group together and place for collection such recyclable materials in the same manner as rubbish, garbage, or refuse placed for collection. Recyclable material that shall be grouped and separated from other garbage and refuse shall be established by City Council resolution. 9.52.110 - Mandatory recycling implementation schedule. The following shall be the recycling implementation schedule within the city: A. Residential single-family B. Residential multi -family C. Yard and wood waste Effective Enforcement Date June 1, 1992 July 1, 1993 April 1, 1993 D. Commercial: office and hospitality July 1, 1993 E. Industrial January 1, 1993 21 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 239 of 731 9.52.120 — Solid waste declared public nuisance — Exceptions. No solid waste shall be placed or allowed to be placed or remain upon any vacant lot, park, public or private property, street, road, highway, or alley within the limits of the City, and the same is declared to be a public nuisance, except that home composting of yard waste and compostables as defined in this chapter is exempt from the provisions of this section. It is further unlawful for any person to deposit or place such material in any garbage or refuse container owned or used by the owner of such property unless such person first obtains the permission of the owner to do so. 9.52.130 - Collection by a franchisee. A. No person shall provide a solid waste collection service within the City except in accordance with a franchise granted by the City. B. Through the granting of one or more franchises, the City Council shall provide solid waste collection services to all owners and occupiers of property within the City limits. C. The charge for such service shall be due and payable by each owner or occupier of property according to the schedule of rates and charges established, from time to time, by resolution of City Council. D. No person shall willfully fail, neglect, or refuse to pay the fees as prescribed in the schedule contained in said resolution after demanding by the contract agent. E. The franchisee will provide the billing and be responsible for collecting payments until the City accepts payment collection. Residential customers shall not be billed more than three months in advance. The franchisee shall not cancel service for nonpayment of refuse fees without written approval by the City Manager. F. Single-family residential customers may voluntarily suspend service upon vacating the residence, providing service is resumed immediately upon the residence being reoccupied. G. Multi -family residential complexes may voluntarily suspend service upon vacancy of all units within the complex, providing service is resumed immediately upon at least one unit being reoccupied. H. Commercial billing shall be monthly in arrears of service. 22 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 240 of 731 I. A senior citizen refuse discount program will be established by the contractor for senior citizens (persons sixty-five years and older). The City Council may, from time to time, by resolution, fix the rate and payment schedule. 9.52.140 — Franchisee franchise fee. The franchisee shall pay a franchise fee in an amount determined by resolution of the City Council or established in the franchise agreement authorizing the collection of solid waste, recyclables, yard waste, and other compostables. 9.52.150 — Hazardous wastes. No person shall transport or collect hazardous wastes without compliance with applicable State law. No person shall deposit, dump, spill, or otherwise allow to be placed on a County solid waste facility not designated as a hazardous waste disposal facility. 9.52.160 — Fees for recycling. A. The fees will be established by the resolution of the City Council. The City Council may, from time to time, amend such resolution. B. Residential and commercial businesses must pay the established fees for recycling unless exempted explicitly by City Council resolution. 9.52.170 — Solid waste diversion. Franchisee shall guarantee to the City that the diversion requirements of applicable State and Federal law will be fully satisfied at all times during the term and any extended term of the franchise agreement. 9.52.180 — Documentation of recycling tonnage. The City Council may, by resolution, establish requirements and procedures for commercial businesses to submit recycling tonnage documentation to the City to comply with state reporting requirements. 9.52.190 — Inspections and investigation by the City. A. The City's enforcement official is authorized to conduct inspections and investigations, at random or otherwise, of any collection container, collection vehicle loads, or transfer, processing, or disposal facility for materials collected from generators, or Source Separated materials to confirm compliance with this ordinance by Organic Waste Generators, Commercial Businesses (including Multi -Family Residential Dwellings), property owners, Commercial Edible Food Generators, haulers, Self - Haulers, Food Recovery Services, and Food Recovery Organizations, subject to 23 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 241 of 731 applicable laws. This Section does not allow the City to enter the interior of private residential property for inspection. C. The regulated entity shall provide or arrange for access during all inspections (except for residential property interiors) and shall cooperate with the City's enforcement official during such inspections and investigations. Such inspections and investigations may include confirmation of proper placement of materials in containers, Edible Food Recovery activities, records, or any other requirement of this ordinance described herein. Failure to provide or arrange for: (i) access to an entity's premises; or (ii) access to records for any inspection or investigation is a violation of this ordinance and may result in penalties described. D. Any records obtained by a City during its inspections and other reviews shall be subject to the requirements and applicable disclosure exemptions of the Public Records Act as outlined in Government Code Section 6250 et seq. E. The City's enforcement official is authorized to conduct inspections or other investigations as reasonably necessary to further the goals of this ordinance, subject to applicable laws. F. The City shall receive written complaints from persons regarding an entity that may be potentially non -compliant with SB 1383 Regulations, including receipt of anonymous complaints. 9.52.200 - Mandatory recycling enforcement. A. The City Manager, who is assigned to duties which include the enforcement of solid waste regulations and laws, is responsible for enforcing the provisions of this chapter. B. The City Manager shall have responsibility for enforcing all provisions of this chapter. Violation of any provision of this ordinance shall constitute grounds for issuing a Notice of Violation and assessing a fine by a City's Enforcement Official or representative. Enforcement Actions under this ordinance are the issuance of an administrative citation and assessment of a fine according to Section 1.20.010. However, nothing herein provided shall prevent the City Manager from efforts to obtain voluntary compliance by way of warning, a notice of violation or educational means. 24 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 242 of 731 PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 25 Commercial and Residential Recycling Ordinance No. 2021 — June 1, 2021 243 of 731 The following page(s) contain the backup material for Agenda Item: Public Hearing and adoption of a Resolution of the City Council of the City of National City confirming the costs of Weed Abatement and Approving the report and account for such, after having considered any objections or protests; pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards). (Fire) Please scroll down to view the backup material. 244 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City confirming the costs of Weed Abatement and Approving the report and account for such, after having considered any objections or protests; pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards). (Fire) PREPARED BY: Robert Drew/Deputy Fire Marshal DEPARTMENT: F PHONE: 336-4558 APPROVED BY: EXPLANATION: In accordance with National City Municipal Code (NCMC), Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearing shall be served in the same manner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to NCMC Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested persons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. The approved costs of the abatements will be liens upon the respective lots or premises. The proposed resolution incorporates all the parcels subject to weed abatement liens pursuant to NCMC Section 1.36.110. A copy of the resolution shall be served on the responsible person, pursuant to the procedures set forth in the NCMC Section 1.36.040, no later than 15 days after the date of adoption. If the cost of abatement is waived by the Mayor and Council, the City of National City will be responsible for all costs associated with the weed abatement conducted by Fire Prevention Services. Report on file in the City Clerk's Office. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 001-12124-3561 $13,670.86 APPROVED: Nils No expenditure account. Payments to Fire Prevention Services are deducted from the above revenue account. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: City Council by resolution approves the Report and Account as submitted or as modified or corrected by the City Council. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Fixed Charges Special Assessments - Please see Exhibit "A" Complete background supportive documents filed in the Office of the City Clerk and available for review upon request. Resolution 245 of 10" City of National City Weed Abatement Program 2021/2022 Fixed Charge Special Assessments P,..0..,,,,,e,..iijiaggig.i.L....:10..6,„L', ...,„' All] Plit0'44:..: . k.,„oiRIT!Iiiill'il ,11.P#00tirliiiligifillitliiIIIIIIIIINNiiiitililiiiiWialliiiii$111}111 IMAICIA„NA„c#,#"0„:#1111113211180.11111liilli IP,..),9.1:11iiiiii111111111,111111,liS..A.11ilig,grici,.....Ao& 554 201 17 00 $885.28 2325 Melrose St Samaniego Samuel R 4122 Sycamore Dr San Diego CA 92105 557 380 62 00 $1,016.64 Plaza Blvd Mcdonalds Corp Po Box 182571 Columbus OH 43218 557 380 63 00 $926.58 2140 E Plaza Blvd Mcdonalds Corp Po Box 182571 Columbus OH 43218 558 220 35 00 $4,020.82 3040 E 16th St Brown Clara M 10037 Dunbar Ln El Cajon CA 92021 558 320 22 00 $2,546.94 2112 Rachael Ave Casillas Jose D / Estella V 1626G Sweetwater Rd #161 National City CA 91950 558 320 43 00 $2,540.52 Harbison Ave Duran Alejandro M Revocable 2016 Trust 804 24th St San Diego CA 92154 559 033 03 00 $869.22 Harding Ave Welding Maria G H 727 E San Ysidro Blvd #707 San Ysidro CA 92173 563 162 32 00 $864.86 2815 Grove St Denbleyker Kenneth 2815 Grove St National City CA 91950 , -...- . - • : , :.:.,:+,;; iiiiill;KIP,:i:iilill!!NiiMRliilll l'AlglitiillliiiliulliilAilliill:loiF,mill illIVi!l!liigiVilllil!!lillicilillilIlllNii}ilillPillijiliiiMli',11illiiiii:lNii .. ...;il'IillliqiilAililll at,liql.o.a,:;;!,1,;2010,11,„1,mat(t:ollii!IvH,...,!u,J,i1.;!w.,61.:,i,,„q..)4.14,i1:illul:iJogiut,ii.doplp:,1,;;,...0,.Ed,ii,11.1L,Ab.: ItPlillilillgTgliTillilliMliillifr' lillilliiiliTillillillill[iiiill0111,11111illillillii r .1 . lilillihii i4iii.,4,i!ti;::iPil .1;4!:!Ilimo Total Parcels: 8 Total Assess: $13,670.86 SUMMARY REPORT FOR APN 554-201-17-00 04/06/20 Initial inspection was made, property was found to be in violation. 04/07/20 Mailed 30 day courtesy notice to the owner. 05/05/20 Courtesy notice returned "not deliverable as addressed". 05/05/20 Sent copy of notice to forwarding address. 05/11/20 Re -inspection was made, property was found to be in violation. 05/11/20 Posted property. 05/12/20 Mailed 10 day final notice to the owner, certified mail. 05/18/20 Certified notice returned "not deliverable as addressed". 05/27/20 Final inspection was made, property was found to be in violation. 07/15/20 Verified ownership information with County of San Diego. 07/22/20 Work order authorization signed by District Official for Admin fee. 07/24/20 The owner was mailed an Administrative bill at the contracted rates. 08/28/20 The owner was mailed a final bill. 09/30/20 A Notice of Abatement was filed on the property. 05/21/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 1 247 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Samaniego Samuel R Address: 4122 Sycamore Dr San Diego. CA 92105 Parcel Number: 554 201 17 00 Date: 4/7/2020 Location of Public Nuisance: 2325 Melrose St Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round.' You arc herehy directed to abate the puhlic nuisance described above. of which you are the occupant or owner. within thirty (30) days of 4/7/2020 "Your failure to comply with this order will result in the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property, (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable \'eeetation For the protection of life and property. remove all hrush. flammable vegetation. or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a huilding or structure or to the properly line, whichever is nearer. or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such huilding or structure Cuttings are to be removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of the ground. "NOTICE REGARDING RARE, TIIRE;ATENED OR ENDANGERED SPECIES" If you have previously received a notice from the Calitomia Department of Fish and Game or the U S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS. YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City. .Municipal Code 9.12.010 Public Nuisance Declared --In General Any oldie following conditions are herehy declared to constitute a puhlic nuisance: A. When the Fire Chief or his/her designee determines that there exists in any huilding or on any. premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, poxes, shavings. or any highly flammable materials which ate so situated as to endanger life or property: or finds obstructions to or on fire escapes. stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such huilding of premises: or finds that the effectiveness of any exit door. attic separation or any tire separation wall is reduced; or finds that any provision of the Uniform Fire Code is being violated. B. When the Fire Chief or his/her designee deems any chimney. smokestack. stove, oven. incinerator, furnace or other heating device. electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any huilding, structure or premises not specifically mentioned in the Uniform Fire Code. to he detective or unsafe so as to create a hazard C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of tire to a greater degree that customarily recognized as normal by persons in the puhlic service regularly engaged in preventing, suppressing or extinguishing tire or any thing or act which may obstruct. delay. hinder or interfere with the operations of the fire department or the egress of occupants in the event of tire. National City yunicipal Code 9.12.020 Public Nuisance Declared—M eeds and Other Flammable %laterialg All weeds, growing or located upon streets. sidewalks or private property are herehy declared to he a puhlic nuisance. For the purposes of this chapter. "weeds" shall include the following: A. Weeds which hear seeds of a downy or wingy nature. B. Sagebrush. chaparral, and any other hrush or weeds which attain such large growth as to become. when dry. a lire menace to adjacent improved property C. Weeds which are otherwise noxious or dangerous. n Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the puhlic health. E Dry grass, stubble, hrush. litter, or other flammable material which endangers the puhlic safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National City Municipal ('ode 1.36.1110 Public nuisance Defined "Public Nuisance" means any condition defined or declared to he a puhlic nuisance in any section of this code. and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood. community or to any considerable number of persons. A puhlic nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City, Municipal Code 1.36.061) Abatement— Anneal-- Ilcarin, Within ten (10) days from the date of posting. mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall he in writing and shall he filed with the City Clerk. Ifyou should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor (lame al numero: 1-866-779-3774 Sii anumang kalanungan, tumaivag lang po sa numerong ito: 1-866-779-3774 Sincerely yours in puhlic safety. "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice 1-866-779-3774 est. 307 or htfp://fireprevention.net The appeal shall he in writin and filed with the City Clerk. (NCMC 136.050) •**Fire Prevention Services, In6. is under contract with the City of National City. 248 of 731 Fire Prevention Services*** NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Ye s HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Ye s HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Ye CALL ARE PREVENTION 1-866-779-3774 http://firepreventIon.net CALL RRE PREVENTION FOR RE -INSPECTION. 1-866-T79-3774 1 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS No WOULD YOU UKETHE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECFIED THE OWNER WILL BE CHARGED AS35400 ADMNiSTRATIVE FEE. PWS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Ye s Yes IF YOU DO NOT UNDERSTAND —Yes-4 INSTRUCTIONS CALL FIRE PREVENTION. 1.866-779-3774 http://fl reprevent bn. net CALL RRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://Rreprevention.net CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-B66-779-3774 http://fireprevention.net i J IF ARRANGEMENTS ARE MADE P$! R TO CITY ABATING HAZARD, THE ADMNISTRATNE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 3 249 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. B. C. D E. F. G. H. special inspection fee abatement lien Interest on lien (apr) release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) 4 250 of 731 rMEIMM • Re -Inspection 6 252 of 731 05/11/20 Re-Inspectio . - 1/20 R spe ticpn 254 of 731 05/11/20 Re -Inspection 9 255 of 731 /11/20 Re-Inpec 256 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Samaniego Samuel R Address: 4122 Sycamore Dr San Diego, CA 92105 Parcel Number: 554 201 17 00 Date: 5/12/2020 Location of Public Nuisance: 2325 Melrose St Instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. {Please maintain any and all.grasses below 3 inchesxear round) You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within ten (10) days of 5/12/2020. ••Your failure to comply with this order will result in you being charged the administrative lee and the City having your property cleaned by the City's contractor at vour expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative fee will be charged in addition to the contractor's fees to clean the property (per Resolution number 94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of Flammable A'egetation For the protection of life and property, remove all brush. flammable vegetation. or combustible growth which is located from thirty (30) feet to one hundred (100) feet from such a building or structure or to the property line. whichever is nearer. or as required by the Fire Department, including the maintenance of grass and other vegetation more than thirty (30) from such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches of the ground. "NOTICE REGARDING FLARE, THREATENED OR ENDANGERED SPECIES" Ifyou have previously' received a notice from the California Department of Fish and Game or the U.S. Fish and Wildlife Services that rare, threatened or endangered species of fish or wildlife have occurred on vour property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTH AGENCIES AND TIIE NATIONAL CITY FIRE DEPARTMENT IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN THOSE TEN (10) DAYS. YOU MAY THEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.010 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance: A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible, hazardous or explosive materials or dangerous accumulations of rubbish; or unnecessary accumulations of wastepaper, poxes, shavings_ or any highly flammable materials which are so situated as to endanger life or property: or finds ohstnictions to or on fire escapes. stairs. passageways, doors or windows that reasonably tend to interfere with the operations of the lire department or the egress of the occupants ot'such building of premises: or finds that the effectiveness of any exit door, attic separation or any fire separation wall is reduced: or finds that any provision of the Unifom Fire Code is being violated. 13. When the Fire Chicf or his/her designee deems any chimney, smokestack, stove, oven, incinerator, furnace or other heating device, electric fixture or any appunenance thereto. or anything regulated under a nationally recognized standard in or upon any budding. structure or premises not specifically mentioned in the Uniform Fire Code. to be defective or unsafe so as to create a hazard. C. When the Fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing lire or any thing or act which may obstruct. delay. hinder or interfere with the operations of the lire department or the egress of occupants in the event of fire. National City \lunicipal Code 9.12.020 Public Nuisance Declared— %ecds and Other Flammable %latcrials All weeds. growing or located upon streets. sidewalks or private property arc hereby declared to he a public nuisance. For the purposes of this chapter. "weeds" shall include the lidlowing. A Weeds which hear seeds of a downy or wingy nature. B. Sagebrush, chaparral, and any other brush or weeds which anain such large growth as to become, when dry. a fire menace to adjacent improved property. C Weeds which are otherwise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. F.. Dry grass, stubble. brush. litter. or other flammable material which endangers the public safety by creating a tire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National ('iti Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly obstructs, injures or interferes with the reasonable of Tree use of property in a neighborhood. community or to any considerable number of persons. A public nuisance also has the same meaning as set forth in California Civil Code Section 3479. National City lilunicipal ('ode 1.36.06(1 Abatement— .appeal— Ilearing Within ten (ID) days from the date of posting. mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall he filed with the City Clerk. If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted tienealguna pregunta, por favor Ilame al numero: 1-866-779-3774 Sa anumang katanungan. tumawag tang pn sa numerong ito: 1-866-779-3774 Sincerely yours in public safety, "You have the right to appeal this matter to the City C'ouneil within ten ( Ill) days of the receipt of this notice. 1-866-779-3774 ext. 307 tor hitp://ftrcpreventiun.net The appeal shall be in venting and filed with the City Clerk. (NCMC 1 36.050) ***Fire Prevention Services. Inc. is under contract with the City of National City. Fire Prevention Services*** 11 rev. 0327/06.0424/06. 0621/06 257 of 731 U.S. Postal CERTIFIE Domestic Mali On For delivery informa rvice`" MAIL® RECEIPT ion, visit our website at www.usps.come. l Si^NtDIEGO,CA92105 lCertified Mail Fee $3. C15 $ Extra Services & Fees ie^eca cox. add fee ❑ Return Receipt (rordcopy) S ❑ Return Receipt (eientronlc) $ ❑ Codified Mail Retracted Delivery S ❑ Ault Signature Required S ❑ Adult Signature Restricted Delivery S Postage $ Total Pa $ Seem To r-1 O t= O ru a 1-1 tr a Samaniego Samuel R streetar 4122 Sycamore p2- city, Sta San Diego CA $0.555 554 :r151 7 00 92 4020 03 /1 258 of 731 AeS- cto 07/22/20 Inspection 259 of 731 *".07122/20 Inspetic t 14 260of731 1 07/22/20 Inspection 15 261 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Owner: Samaniego Samuel R Address: 4122 Sycamore Dr San Diego, CA 92105 Authorization # 7112 Ao/4,0nicy Parcel #554 201 17 00 Job location:2325 Melrose St Authorized by: Signature: /at/ Date: '-7' u - Z)Z<) WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round) 16 262 of 731 •G54-2oJ-202, ofkao SAN DIEGO COUNfr ASSESSOR 5 MAP SK MAP 4370 - NATIONAL AWARD HOMES UNIT NO 2 554-20, 1 too' ttj mamma= moimENEN =MIME MI MIME MIMI= III =I Ell =II NMI --M■I =■NMI ---■M --� I =MI■M =MIME■ =MIMI■MI ---■- 17 263 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-172(1 (619) 562-1058 : fax (619) 445-6336 http://tirepre% ention.net ADMINISTRATIVE BILL 7/24/2620 Samaniego Samuel R 4122 Sycamore Dr San Diego. CA 92105 Parcel # 554 201 17 00 Location: 2325 Melrose St Dear Samaniego Samuel R, Fire Prevention Services has been contracted b .i4ie City of National City to help reduce potential lire violations thus improving the safety of its citttens'` Your property was re -inspected on 5/27/2020 and ArrrctE�astill-be in violation of the National City Municipal Code Chapter 1.36. As stated in the notice, irthe ‘iolativn is not corrected prior to the deadline you will be charged an administrative fee. A final inspection was performed on the above referenced parcel. as of 7/22/2020 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will be incurred by you. Please make check payable to F.P.S.I. and please include the File # 554 201 17 00 on the check. If you have any questions please call us direct at (619) 562-1(158. Sincerelh, Fire Prevention Services. Inc. rev.05/ 19/06 18 264 of 731 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel, sized 1 to 7.500 square feet $250.00 B. per parcel. sized 7.501 to 15.000 square feet $325.00 C. per parcel. sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel. sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. I land Labor A. per square foot of area abated $0.10 sq. Ft. Dozer Operation A. hourly rate $150.00 13. move -on fee $150.00 Debris Remediation (includes chipping. grinding, and/or shredding) A. per cubic yard of material prior to ch. g. and or compacting $38.00 x cu.yds = 13. dump fees (reimbursement of cost) Oo,. Administrative Fee (failure to comply by deadline ot�oti A. per parcel $350.00 1 $350.00 Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports. attending hearings. etc.) A. cost confirmation fee, per parcel $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.0() 13. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 I I. unscheduled fees (reimbursement of cost) FILE # 71 P APN # 554-201-17 TOTAL S 350.00 19 265of731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net Final Bill 8/28/2020 Samaniego Samuel R 4122 Sycamore Dr San Diego, CA 92105 Ref: Parcel # 554 201 17 00 Dear Samaniego Samuel R, cop'y This is a reminder of the letter we sent you on 7/24/2020 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this hill to our collection agency. Under state and local law, costs for such action will he added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 554 201 17 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-1058. Sincerely, Fire Prevention Services, Inc. rev.05/ 19/06 20 266 of 731 X RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services. Inc. PO Box 1720 II Cajon. CA 92022-1720 DOC# 2020-0612566 11111111111111111111111111111111111111111111111111111111111111 Oct 09, 2020 11:31 AM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins $0 00) PAGES. 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist. and WHEREAS such violation was ordered abated on . and WHEREAS representatives of the National City Fire Department abated the violation(s) on 722/2020, and WHEREAS the charge for such abatement amounted to S420.00; THEREFORE: be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Samaniego Samuel R at 4 122 Sycamore Dr. San Diego. CA 92105 described as follows: APN#5542011700 ADDRESS: 2325 Melrose St I.[GAI. DESCRIPTION: Lot 223 Tr 4370 This abatement obligation shall attach to the property, not the owner. and may not be extinguished by a tax sale under the Califomia Revenue and Taxation Code Section 3712. Atter confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law. the property may be sold to satisfy that obligation. The amount of such claim shall be plus interest and other costs which may hereafter become due. This tiling does not preclude the filing of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: September 30. 2020 BY: Ken1Dsborn. Fire Prevention Services, Inc.. Designee for National City Fire Department Certificate Of Acknowledgement 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 September 30. 2020 before me. R Thrasher. Notary Public. personally appeared Ken Osborn_ 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/hcr/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. 1 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. R. THRASHER commiwon No. 2332281 > ti L NOTARY PUBLIC - CAUFORNIA UN DIEGOCOUNTY �101^'�0^ Fries Mpg 242024 (Seal) 21 267 of 731 SUMMARY REPORT FOR APN 5 57-3 80-62-00 11/16/20 Received citizen complaint. 11/16/20 Initial inspection was made, property was found to be in violation. 11/17/20 Mailed 30 day courtesy notice to the owner. 01/04/21 Re -inspection was made, property was found to be in violation. 01/04/21 Posted property. 01/05/21 Mailed 10 day final notice to the owner, certified mail. 01 / 16/21 Final inspection was made, property was found to be in violation. 01/19/21 Verified ownership information with County of San Diego. 01/25/21 Received signed certified return receipt. 01/26/21 Work order authorization signed by District Official. 02/25/21 F.P.S.I. crews abated the property. 02/25/21 The owner was mailed a bill at the contracted rates. 03/17/21 The owner was mailed a final bill. 03/31/21 A Notice of Abatement was filed on the property. 05/21/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 22 268 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City BIsd.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Nilcdonalds Corp Address: Po Box 182571 Columbus. 011 43218 Parcel Number: 557 380 62 00 Date: 11/17/2020 Location of Public Nuisance: Plaza Blvd Instructions for Abatement: Please clear the entire property of all Needs. dead vegetation, trash. dehris and aril ndo. All piles of dead vegetation and debris must he rem %ed from the property. (Please maintain any and all grasses below 3 inches %ear round)(This includes along sidewalks and allevs)Please remove all tree branches that exist within 6 feet from the ground. 1 ou are hereby directed ill ;Mate the public nuisance described ahove. of which you are the occupant or owner ss ithin thirty (311) dry)s of 1 I/1'/211211 •'1 inn failure to comply v%nh this order %%ill result in the C ay haying your proper() cleaned by the Cit 's contractor at v'nur expense (per National City \lunrcrpal Code ( hapter 13h) A '6351) 0(1 administrative lee a 111 he charged in addition to the contractor's Zees to clean the property (per Resolution nunlbet t)-1-1)71. \ iolations ale also sublrel t(• prosecution as misdemeanors Guidelines For the .\hatcmcnt of Flammable \ e_eladon For the plolection of Iile and property. remote all bride. flammable vegetation. or eulnhusuhlc eru\vth'ihleL is located Ifttil thirty 131 1 feet to vile hundred 11(101 lea Mon such a building of structure or to the property line. t\hlchcver is neaier, or as required hs the Fire Depanntenl. including the maintenance of grass and other %egelation more than thrrty 1311) from such budding ew structure (ulpngs are to he removed from the properly and disposed ill properly Vegetation is to he cut i%rthin two (2) inches of the ground "NO I R L It1.G \RI)I\G RARE. I IIICI..\ 11•.'\I1) ()It Psi/ -\\(;LRI ) SI'I.( IFS" If you have previously rccened a nonce from the Calitirrnta Department of Fish and Cianle or the t S f nsh and WilJlile Seri, ices that rare, threatened of endangered species of fish or tvildlile hate occurred on your property in the areas identified for fuel break clearance. YO( \1l S 1 NOTIFY [301-I1 NUFNCII-S AND (Fly NA.I IONA!. C 111 I 1121 1)EPARTM1N1 INNRII ING Al LEAST FLN 110) 1)A15 PRIOR 1O 13EUINNINCi VEGEIAI ION C'LF.\RING Il I11ESI ACIFNCIES P \11 1(11)1311 t. I OR'1IIff1 YO11 OF ANY .AI.ILRNAIIVE PROCLDURIiS WI rlIIN 111051 FEN t10) I)AYS. YOU MAY [111 5 PRO('G11) rO CI I AR VL(i[IAlION \S f)IRI ( III) It\ 11'Is NI +TIC 1. I auhr e to provide notification to these agencies may render you Kahle under Federal or State last to penalties. National ('it) %luuicjpal C'ode9.12.11111 Public \institute Declared --In Genera An) of the lirlluyt mg conditions are herd)) declined to constitute a public nmsanCe. When the Dire Chief or his/her designee determines than there cvsis u1 any building or 011 any premises eomhusiihle Inzartons or e\pioslve nlaerials o1 da,1!ct0)1 accumulations of rubbish or unnceessar\ accumulations of \vaslepaper. boxes. sha% jngs. or any highly (laminable materials tt hich are so sduateJ as to endani er life or property or Bids obstructions to or on lire escapes. ,lairs, passageways. dixirs or ytnldtlws that reasonably tend to Interfere w1111 the operations of the lire deparnneni or the egress ttl the occupants of such building of premises. or !Inds that the ellectiverress of any exit Js:or, attic separation or any lire separation all Is reduced. or finds That ant provision ill the I lndorm lire ( ode is being violated l3 When the Fire Chief or hisiher designee deems any chimney. smokestack. stove, oven. incinerator, furnace or other heating det lee. elcetne fixture rn am appurtenance thereto. or anything regulated under a national!) recounved standard in or upon any building. structure or premises not specil icatly mentioned In the 1 ndoni1 Fire Code, lobe defective or unsale so as to create a hazard C. Wlren the Fire Chief or hi:/her designee finds any condition oliieh 111 his/her)udgrnent increases or may cause an increase id the bawd or menace nl tire to I greater degree that custonlard) recognized as norplal by persons in the public service regularly engaged 111 preventing. soppressalg or C\ungulshm;_ lire or any Mint or ail which may obstruct. delay. hinder or interfere with the operations of the lire department or the egress of occupants in the et enl of lire National (it,. IuniciLal ( ode 9.12.11211 Public Nuisance Declared -Al reds and Other Flammable 4lateria is \II heeds. groiung or located upon streets. sidewalks or private property are hereby declared to he a public nuisance lot the purposes tit Ibis chapter. "%feeds" shall include the tollio mg A. Vvecds which hear seeds of a down) or w ingy nature 13. Sagebrush chaparral. and any tither brush or steeds which attain stwli large growth as to hecome. when dr).:1 lire menace to adjacent llnpru%CJ property C' N ceds which ire otherwise noxious or dangerous I) ['meson oak and poiso1 ivy ahem the conditions of grow ill are such as to constitute a menace the the public health Ors crass. stubble, brush litter. or other 'laminable nlalerr,ll %%Inch endangers the public salt) by creating a lire hazard Ina portion of the City trhjch has been zoned lor single and multiple residence purposes. National ('its \lunicipal Code 1.36.010 Public \uis:mice Defined "Public Nuisance" means am condition defined tit declared to he a public nuisance in tiny section of this cude..tnJlol anti coudiuu❑ caused maintained or pcmutleJ la v\is1 which Consululcs a Ihreal Io the public's health. salety and welfare or tshieh signitieantly obstruct;. i1t_lureS or uncrferc•s tvth the reasonahle i tree use of puoperty 1 a neighborhood community or to any considerable number of persons. A public nuisance also has the same meaning as 5el torah 111 t alitornia Cisil t ode Section 3-179 National ('it\ ' Iuuicipal (:ude 1.36.0611 Abatement— .\ppeal— I tearing Within ten (10) days from the date of posting. mailing or personal see\ ice of the required notice. the (yvner or person uecups ing or controlling such lot or premises allected Ilia) appeal to the C a\ Council Such appeal shall be in writing and shall he Bled tsnh tlrc ( [t\ Clerk If you should have an) questions. please feel tree Io call This number: 1-866-"9-377-1 Si owed tjenealguna prcgunta. per favor Ilatrie 0 numer is 1-1366-779-3774 5a a miming 6atanungan. tuna wag Zang pin sa numcrong no: I-86ft-719-37"4 .S, i erely yours in public gaiety. "You have the right to nppca,lr[s platter to the Coy Council \salmi tent 10) day s of the re-ecgn of th 1-866-779-3774 ext. 307 or http://lirepretention iiet 1 he appeal shall he in vtntine and Bled %vth the Coy Clerk (NCN1C 1 36 Oil)) ***):jr,. f're\eilijilil tiers hers In; is under i'ilrrrli-t with Ili.( et % rlt \;limmn:11 I.rI% 2'69 Qfi' 1` NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? 1 Ye s HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND TIE INSTRUCTIONS FOR ABATEMENT? Ye s HAVE YOU MADE ARRANGEMENTS TOABATE THE PROPERTY? Nam♦ Ye s CALL FIRE PREVENTION 1-866-779.3774 (CALL repreventio n.ret CALL FIRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net PROPERTY OWN E0.i ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS WOULD YOU UKETHE CITY TO ABATE THE HAZARD FOR YOU? No 1 IF NOT ABATED WITHIN TIME ' SPEC>FIED TIE OWNER WILL BE CHARGED AS350.00 ADMINISTRATIVE FEE. PWS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Ye Ye IF YOU DO NOT UNDERSTAND —Yes-i I INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://firepreventIon.net 144\N CALL FIRE PREVENTION WHE COMPLETED FOR RE -INSPECTION, 1-866-779-3774 http://flreprevEntbn.ret CALL FIRE PREVENTION FOR ARRANGEMENTS. 1-866-779.3774 http://fireprevEntion.net IF ARRANGE ME NTS ARE MADE EMIR TO CRY ABATING HAZARD, THE ADMNISTRATiVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 9195Q-4596 24 270 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorne Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) 25 271 of 731 k 01704 280 of 731 (t , e " °s 11. r • Jell'Abt co 5 10 co CWiTIM r CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 9195(1-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Mcdonalds Corp Address. Po I;o\ 182571 Columbus. 011432 18 Parcel Number: 557 380 62 00 Date: 1/5/2021 C' PY Location of Public Nuisance: Plaza f3Iy d Instructions for Abatement: Please clear the entire property of all weeds. dead r ezetation,_ trash. debris and arundo. All Liles of dead vegetation and debris must he removed from the property. (Please maintain ans• and all 0rasses below 3 inches Near roundliThis includes along sidewalks and allevs)Please remove all tree branches that CNist ithin 6 feet from_theg•ound. You are hereby directed to abate the public nu tisanes: desLrlhed shows:- of sshich you are the occupant or os ocr ss i thin ten 1 III► days of I/5/21121 **Your I:iiIiirc to comply with this order sill Icsult in son hang charged the administrative tee and the Cits having your propem cleaned hs theCity's contractor at sour e\pen.c diet National Cas Municipal Code ( haptcr 1 .361 .\ $350 00 administrative tee will he charged tit addition to the conuaetor s fees to clean the pnrperts, tpci Resolution nwnhcl 04-071 Vwhit ions are :ilsosubject to prosecution as nsisJe:nicanors Guidelines For '1 he .\batcuteut of Flammable %emelation For the protection al life and properrs. remove all brush, flammable segetauon or combustible growth shish is located from thigh Lint Beet a one hundred I Inlu Icct none such a building or structure or to the properts lute. shicheser is nearer, or as iequtred by the Fire Department. including the maintenance of eras. and other segelation wore than thins (3(1) than such budding or struraurc ( sittings are to he rentosed front the properly and disposed of propene Vegetation is to he Oil esdhut Mil 122) niche. syl flu ground "NO 1 t(. F: 141:(;.\Itl)1\(; R.\RF, I IIRF:.% 1F.\1-.1) Olt L\I) \\(.FIR( l) SI'I•:( IL%" If you have preciously recciscd a notice from the California Deparintun of fish and Gantt or the U.S fish and Wddlifc Seri Ices that rare threatened ui endangcicd spccus of fish or wildlllc have occurred on your propertu u1 the areas 'dentilied for fuel break clearance YOI i MUST NOI IF1 13U1'f I A(1LNCljis \ND 1111 NA flt)N 11 C I I 1 f IRl 1)1 1'Alt I nil Ni IN W RI LING A I I LAS I I EN (I (0I I)AYS PRIOR I O BEGINNING VI GE] A TION CLEARINC1 II 1 111 SI: \CiLNC'11' S I \IL I I) t tlt,ll t. I tilt NOI IhY A011 01 :\NY Al IT RNA VIVI PROCI DURLS WIII IIN T11OSF FFN (I0) DAYS. YOU \I1\Y fI ILN PRC)( I 1 1) 1(1 C'l I .\I2 \ 1 GI I.\ 11( rN \S I)IRI t rl 1) BY 11115 NC) TIC 1 Failure to puivicle notification ication to these agencies may render you liable under Federal or .State lass its penalties. National ( its 1unicipal ( ode 9.12.11111 Public ♦uis:utce Declared —In General Any (11 the following conditions are hereby declared to constitute a public nuisance: \ When the I Ire:l hicl ur his/her deslituee determines that there exists in any building or on an) premises combustible. hazardous or c\plostve malennk u1 dam_crons .accumulations of rubbish. or unnccc,sar) accumulations ol wastepaper, boxes, shaviii s. or am highly flammable materials shish are so situated as In eudan_ci life or properly. or Finds obstiuctons lu in on lire escape.. stairs, passageways, doors or ss indos: that reasonably lend tr. interfere with the operations ot the lire department or the egress of the occupants of such building tit premises. or Finds that the effectiveness of any exit door. ante separation or any fire separation wall is reduced • 1r finds that any pros Isuon of the lira torni Dire (Ode is being violated. 13. When the Fire Chicfor his/her designee deems any chanties. smokestack. stove, oven. incinerator tlnnaecor other heatine device. electric Fixture or ans appurtenance (hereto. or anything regulated under a nateunalls recognized standard in or upon any building. structure or premises not speciticalty intentioned m thr I ndumt Fire Code. to he defectic c or unsalc so as to create a (hazard C When the I ire Chief or his/her designee finds any condition which in his/her Judgment increases or ntas cause :at arcreasc of the hazard of menace ol lire t1 a greater degree than customurils lccognized as normal bs persons in the public wen lcc regularly engaged m preventing. suppressing or extinguishing tire or rots thin: IICI which Wray obstruct. delay. hinder or unlcrlcre ss nh the operations of the lire department or the egress of occupants in the es ent or tire. Nntinn:rl (ih Municipal ('ode 9.12.1120 Public Nuisance I)e'clared—\\cods and Other Flammable \lalcriats All weeds. goosing or located upon streets. sidewalks or private propcm are hcrehs declared to he a public nulsanec for the purposes uf'this chapter "seeds" shall include the follow mug A \Needs shish hear seeds nl a downs or wings nature 13 Sagebrush chaparral. and ans other brush or weeds which attain such large growth as to become. when Jn a lire menace to atl.lacerll improved properl (. W ccds which arc others%Ise noxious or dangerous. I) Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health 1 Dry grass- stubble. brush. litter. or other flammable material which endangers the public safety by creating a lite hazard in a portion of the C its which has heen Tuned for single and multiple residence purposes National (its Municipal (ode 1.36.11111 Public \uisance Defined "Puhhe Nuu>anec' uteans any condition defined or declared to he a public nuisance mails SCCI1011of this code. and/ur and condition caused. maintained or permuted to e u'l which eonst1lu1e5 a threat to the public's health. safety and welfare or which signilicantly obstructs. injures or interferes with the reasonable of tree use ot property neighhorhuod. community or to airy considerable number of persons A public nuisance also has the sante meaning as set Forth in Calitiimra is 11 Lode Section 34 79 National City \Iunicipal ( ode 1.36.06(1 \hatenicnt— \ppcal— !tearing Within ten 411)1 days Iron the dale of pasting. mailing or personal service of the required notice, the owner or person occupying or canlrulhng such lot or premises slicers(' may appeal to the C its Council Such appeal shall he in writing and shall be tiled w rah the (:Its Clerk. Ifyou should hays any questions. please reel free la call this number: 1-866-779-3774 Si lisle(' Iiene:daun' pregunta. par I'asur flame al numera: 1-866-779-3774 5a anunuulp kalanougan, minima,_ Line pin sa numerong ito: 1-1366-779-31'+4 Sincerely yours In puhhc safely. **You have the right to appeal t011s mailer to the Ca) C'ouned within ten (1111 days of the record tit flu. notice. I-866-779-3774 est. 3117 or hltp://lireprevenl.net The appeal shall he in writing and filed vetch the ( fly C tells (NC'M( 13h It`)1 `**I•oc I'reventisg13Services. hie. is under contract with the Oh or National City Fire Prevention Sen lccse*. Met', m c0 [7' Lri ru O ru O O 0 1=1 N ru iT S ,-R Sent To t1 Street and Apt. N City State, ZIP+a+ Or Total Postage an c onalds Corp �7Pivi�'Box 182571 Columbus OH 44 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For dalivery information, visit our website at www.usps.com°. O ti ' US, 1 Certified Mall Fee ;3 55 s Extra ervices8Fees (check box, add lee et op me) ❑ Return RecelPI pteMcoPY) 5 •:� ❑ Return Recelpl fele - $ 0 ❑ Certified Mall Res 10. i I I ❑Adult SignatureR 557 380 OR,QQ ❑ Adult Signature F fiku / Usr--"' Postage $i' 5i7 380 63 00 NC 01 05/2021 43218 290 of 731 P9 Form 3900, April 2015 PSN 76a0.e2.c e-s 47 See Reverse for Instructions SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can return the card to you. 557 380 62 00 557 380 53 00 Mcdoriatds Corp Po Box 182571 Cc!urnt us CH Ntc v is 432'3 IIII I II III IIIII IIIIIIII III I IIIII IIIII I 9590 9402 6101 0125 9844 36 COMPLETE THIS SECTION ON DELIVERY A. Signature x B. Rec ❑ Agent ❑ Addressee to of Delivery D, Is delivery address different from item 1? If YES, enter delivery address befo ■ VIE 3. Service Type o Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® 0 Certified Mali Restricted Delivery ❑ Collect on Delivery 9 nnirico nu imhor rr r,cr r fmm ccn,lrn mean 0 Collect on Delivery Restricted Delive 7019 2970 0002 0215 9580 Awl 7I.�Rastrkted every 0 Retum Receipt for Merchandise ry 0 Signature Confirmation'," PS Form 3811, July 2015 PSN 7530-02-000-9053 Domestic rteturn tiecelpt " «. I I • 1 1,I*3 ":1" - • • - • 1,1 • 4 • • 293 of 731 JCL Jo -176 --- ection 295 of 731 r %..,',i, , - .t.•.•••• , ." .„.,,„'.., ,.,%, 4.%01 41 40.,_ ,,,,' _,I.: , ,. • 01' ,,,,. • li ,I - 1 . , r ; , , l°.1, 60:1?''' '''' ' 1,11 - , _ , , .•. ... , , , 4...., ' 1 " s....1.' •t,... i ..•.• 4' .--,;11,4"41 s. 11 i - '6. , '‘' it 1,,,,,,,,,,.--...._11:1 :if) .4. ,.._,....4."-r,:io..:7.7,1" • '$ . 11 , '2. ... iii h. 1.14 * i •. I . 1,41. 1 -4.,''414.6-1 - Al . 'fi . , 1/16/21 Final Inspection_ • • 01"- 1 EC /16/21 Final Inspection 305 of 731 0 U a) s+71 cn 0 N CO 11 co 0 (f) 1/16/21 Final] spection 62 308 of 731 (t , 'e " �'°4y� {` .-i ``/i e. r c 0 L) co o'hiCt,l4fe CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 7363 Owner: Mcdonalds Corp Address: Po Box 182571 Columbus, 0E1 43218 Parcel #557 380 62 00 Job location:Plaza Blvd Authorized by: Signature: Date: / 6- 2 WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds. dead vegetation. trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year roundXThis includes along, sidewalks and allevslPlease remove all tree branches that exist within 6 feet from the ground. 72 318 of 731 06 ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY, NO LIABILITY IS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. I0 N Lam. S441.4 tANP Nw.COR.OF ,.E EL/2 CF st$ BO AC "rst 71 2 /%� LOT 2,bS . — 5T OF. .-1 r / CLSO. a, of D za F Cy 4 ro. 1 777 Fyn r_ IMF SAN DIEGO GOUNr ASSESSOR 5 MAP BOCK 557 PG 30 'a DETAIL 'A" 1" = 20' L 4y?'N ,'f 10) '7 ZZ yY AC LOT E .1 qr.; 1 t .3 TC\ w,. 5w LO�` NEd• OF E I/2 OF BOAC LOT 2 f- _ s NE CR1 OF CIO AC t LOT 2 7,. 7c✓' O 17 7, 17 cn Cn, MAP 166 - RHO. DE LA NAC ION - POP ROS 8845,9406,17515 rh 5} or 557-38 In IT, 100' 1111W20t0 ACR CHANGES BL"TO'_^ EJvI'•1CL17 )CO 32 S4 4al0 _ 59 *045 142e2'g 4 1 we ��..,_ 6. 5�5s47 14 of: i!.y86a1'moo _Au1i1:_6.7_ 97'l076 65 44-4.0 B7 2255 — a..,.4 T T ? — *pit 1Sf1, 2 a .Coe _,V2 _580 so 49ew Y398 51 rt,' 11 4878 fin QSEC 129 L• RC. 73 319 of 731 Hand Sq. Ft.: j r "1 q0 Dump ticket: 12e)wz. ; I,�I�Io Work space for diagrams and amount of work done Tractor 5q. Ft,: Total Removal Cu. Yds.: Dump Charge: 74 320 of 731 02/25/21 Be 322 of 731 1 I 4:,;‘, ;C. CiZMINM Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net COPY 2/25/2021 Mcdonalds Corp Po Box 182571 Columbus. OH 43218 Parcel # 557 380 62 00 Location: Plaza Blvd Dear Mcdonalds Corp. This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $494.00. You will incur no further costs if this amount is paid ithin fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 380 62 00 on the check. I f you have any questions please call us direct at (619) 562-1058. Sincerely, Fire Prevention Services. Inc. rev.05/ 19/06 79 325 of 731 NATIONAL CITY SCHEDULE OF FEES Tractor Mowinu quantity sub total A. per parcel, sized 1 to 7.500 square feet $250.00 B. per parcel, sized 7.501 to 15,000 square feet $325.00 C. per parcel. sized 15.001 square feet to 30.000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. it. Hand Labor .A. per square foot of area abated COPY $0.10 1.A40 sq. Ft. 144.00 Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 x cu.yds = B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 $350.00 Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A, cost confirmation fee. per parcel $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C'. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. life duplication fee $50.00 G. unscheduled Labor per man hour $50.00 I I. unscheduled fees (reimbursement of cost) FILE # 7363 APN # 557-380-62-00 TOTAL S 494.60 80 326 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net Final Bill 3/ 17/202 i Nlcdonalds Corp Po Box 182571 Columbus. OH 43118 Ref: Parcel T 557 380 62 00 Dear \icdonalds Corp. COPY This is a reminder of the letter we sent you on 2/25/2621 and we have not received payment in the amount of S4,4.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel 557 38$ 62 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-11158. Sincerel\. Fire Pre\ ention Services. Inc. rev.05 19 06 81 327 of 731 RECORDING REQUESTED BY Fire Prevention Serx ices. inc. PO Box 1720 E.1 Cajon. CA 92022-1720 (6191 562-1058 fax (619)4 -15-63 36 .AND Vs HEN RECORDED FLAIL TO Fire Pre\ ention Ser\ ices. Inc. PO Box I -20 Li Cajon. CA 92(122-1720 C�py NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY IIEREAS it N%as determined that a iolation of Chapter 1.36 of the National City Municipal Code did exist. and \\ I I I-. RFI \S such . tolation .t as ordered abated on I i26i2021. and \1 I Il RI' \ti representau.es of the National City Fire Department abated the iolation(s) on 2 25i2021. and b4 HEREAS the charge for such abatement amounted to S564.00; I HEREFORE be it known that an abatement obligation exists on the property regardless of o..ner until paid. The current ot.ner of the property is \lcDonalds Corp at Po Box 182571. Columbus. OH 43218 described as follows: \i'R a 557 380 62 00 \1)1IRFSS. Plaa H1.d l I.( \I. DT.SCRIP FION. Par I 1 r 12772 This abatement obligation shall attach to the property_ not the owner. and may not be extinguished by a tax sale under the California Rrn enue and Taxation Code Section 3712..After confirmation by the City Council shall become a special assessment on the property tax hill II not r,ud pursuant to State 1 a.. and State Tax Lien La... the property may be sold to satisfy that obligation. 1-he amount of such claim shall he plus interest and other costs ..hich ma. hereafter become due. This tiling does not preclude the tiling of legal action for collection. Should such actiol be required or determined to he appropriate. reasonable legal fees .\ ill he incurred and added to said obligation D-\ FED' March 31.2021 BY: Ken Osborn. Fire Prevention Ser. ices. Inc.. Designee for National City Fire Department Certificate Of Acknowledgement 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 St.;t.: olCulilomta C taint. of San Diem On March 31. 2021 before me. R Thrasher. Notan Public. personally appeared Ken Osborn..+ho pro%ed to me on the basis of satistacton c. fdcncc to be the person(s) whose name(s) isiare subscribed to the ..ithin instrument and ackno..ledged to me that he/she.they executed the same in his her their authorized capacity(ies). and that by hisheritheir signature(s) on the instrument the person(s). or the entity upon behalf of which th. person) st acted. executed the instrument. I Lettir\ under Pt '. 1L I Y r)1 PFR.II'R1 under the laws of the State of California that the foregoing paragraph is true and correct. 11,1f a rtic,7tz and (Alicia seal. - I R. THRASHER Commission No. 2332281 NOTARY PUBLIC - CALIFORNIA 71 SAN 01EGO COUNTY Canmisoco Faros Atytttd24, 2024 (Seal) 82 328 of 731 SUMMARY REPORT FOR APN 557-380-63-00 11/16/20 Received citizen complaint. 11/16/20 Initial inspection was made, property was found to be in violation. 11/17/20 Mailed 30 day courtesy notice to the owner. 01/04/21 Re -inspection was made, property was found to be in violation. 01/04/21 Posted property. 01/05/21 Mailed 10 day final notice to the owner, certified mail. 01/16/21 Final inspection was made, property was found to be in violation. 01/19/21 Verified ownership information with County of San Diego. 01/25/21 Received signed certified return receipt. 01/26/21 Work order authorization signed by District Official. 02/25/21 F.P.S.I. crews abated the property. 02/25/21 The owner was mailed a bill at the contracted rates. 03/17/21 The owner was mailed a final bill. 03/31/21 A Notice of Abatement was filed on the property. 05/21/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 83 329 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National Cite Bled.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Mcdonalds Corp Address: Po Box 182571 Columbus. OH 43218 Parcel Number: 557 380 63 00 Date: 11/17/2020 Cer"' Location of Public Nuisance: 2140 E Plaza Blvd Instructions for Abatement: J'lease clear the entire property of all weeds. dead vegetation, trash, debris and aru ndo. All Piles of dead vegetation and debris must be removed from the Qroperty. (Please maintain anv and all grasses below 3 inches year round)(Thic, includes along sidewalks and alleys)(Please remove all tree branches that exist within 6 feet from the ground.) 1'ou are hereby directed to abate the public nuisance described above ul w loch you arc the occupant or owner within thirty (31» days of 11/1712r1_tl +•lour failure to comply with this order will result in the tin having your property cleaned by the City's contractor at vtur expense (per National City Municipal C'odc Chapter 1 36) A S350,00 administrative fee will he charged in addition to the contractor's Ices to clean the property (per Resolution number 94-971. Violations are also suhrcct to prosecution as misdemeanors l;uidclines For fhc Abatement of flamntahle egelation For the protection of life and properly remove all brush. !laminable %egctatlun. or combustible growth which is located Irom dirty 0111 leer to one hundred ( IU01 feet Iron) such a building or structure or to the property lute whichever is nearer. or as required by the Fire Department. including the maintenance of grass and other vegetation more than tinny (3(1) from such building or structure Cuttings are to he removed from the property and disposed of properly Vegetation is to he cut within two (2) inches of the ground. "NOTICE RI . %RI)I\G KAKF:. T11KE \TENET) OR ENDANGERED SPE( 1F:S" If you have previously received a notice from the California Department of Fish and (,ante or the 1 S. fish and Wildlife tier\ ices that rare. threatened or eridai gored species o1 fish or %vildhle have occurred on your property tit the areas Idenulied for fuel break clearance. YOlI MUST \OTIVY 130111 ,\GLNC'II S \ND 11IE NA I IONAI ('111 (IRI 1)1 I'ARIMENU IN WRfIINCi A1' LEAST I1TI (10) DAYS PRIOR 1'O BEGINNING VI:GETATION C'1.1:ARINCi 11- 1'lll:Sl ACiENC'IES [AIL. TOOl3.11 C f 1)I1 N(t111 1 Ytll1 (1[ ANY 1I 11 RNATIVL PROCEDURES WITHIN FIIOSE TEN (10) DAYS. 1'OU MAY T IIEN PIZOC'FliD f0 ( I.I.AR VliGETATION 1S DIRE(' El I) lit 11t1S NO I I( I. I allure to pro%rde notification to these agencies may render you liable under Federal or Slate Law to penalties National ( it% \Iunicinal ( Public Nuisance Declared --In General Any of the tolluy%ing conditions are hereby declared to constitute a public nlnsance When the lire Chisel or his/her designee detemunes that there exists in any budding or on any premises combustible. hazardous or explosive materials or dangerous accumulations of rubbish, or linnecessar) accumulations of wastepaper, boxes, shavings, or any highly 'laminable materials which are so situated as to endanger life or property: or linds obstructions to or on lire escapes. stairs. passageways. doors or windw%s that reasonably tend to interfere v%ith the operations of the lire department or the egress of the occupants nt'such building of premises. ui finds That the effectiveness of any exit door. attic separation or any tire separation wall is reduced. or Iinds that an% provision of the Uniform Fire Code is being %rotated R. When the Fire Chief or his/her designee deems any chimney. smokestack, stove, oven, incinerator. furnace or other heating de% Ice_ electric fixture or am appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the I odium Fire Code. to he detective or unsafe so as to create a hazard C' When the Fire Chief or his/her designee finds any condition which tit his/her judgment increases or may cause an increase of the hazard ur menace of lire to greater degree that customarily recognized as nonna! by persons m the public service regularly engaged in preventing. suppressing or extinguishing tire or any thing or act which may obstruct delay. hinder or interfere with the operations of the lire department or the egress of occupants in the es cot of lire. National ( its Municipal ('ode 9.12.020 Public \uisancc Declared -A% eeds and Other Flammable llaterials All weeds, grow Wig or located upon streets, sidew alks or private property are herchy declared to he a public nuisance for the purposes of this chapter. "weeds" shall include the fofhtw ing A. Weeds w hich hear seeds of a dowry or wingy nature [3 Sagebrush, chaparral. and any other brush or weeds which attain such large growth 05 lit hcconie, when dr%_ a lire menace to adjacent improved property, Weeds %%hitch are otheyuse nomous or dangerous. D Poison oak and prison ivy when the conditions of growth arc such as to constitute a menace the the public health E. Dry grass. stubble. brush. litter, or other flammable material which endangers the public safety by creating a lire hazard in a portion of the C'my which has been zoned for single and multiple residence purposes National (it% llnnicipal Code 1.36.0111 Public Nuisance Defined "Puhlre Nursancc" nteaus any condrlton defined or declared to he a public nuisance of any section of this code, and/or and conduton cruised, t ouutauncd or pemtitted lit exist which constitutes a (Meat to the public's health. safety and welfare or %vhrch significantly ohstmcts. 'inures or interferes with the reasonable o1 tree use of propern in a neighborhood, community or to any considerable number of persons A public nuisance also has the same meaning as set firth in Calititmta 1.is 11 Code Section 347Q National City Municipal (:ode 1.36.11611 Abatement—.\Ltpeal— 1lcaring Within ten ( 101 days from the date of posting. mailing or personal set ice of the required notice_ the owner or person occupy mg or controlling such lot ur premises allccted may appeal to the City Council Such appeal shall he nl writing and shall he tiled with the City Clerk If you should have any questions. please feel free 10 call this number: 1-866-779-3774 Si usted tiencalguna preguuta. por favor Ilamc al numero: 1-866-779-3774 Sa anunuang Lalanungan. nnnasvag tang pit sa nuinerung ito: 1-866-779-3774 Sincerely yours in public safety ") ou have the right to appeal this matter to the City Council within len (I(1) days ill the receipt or th�s notice 1-866-779.3774 cm. 307 or hllp://lireprcyention.nct fhe appeal shall he in w•nriOand tiled with the City Clerk (NCM( 1 36 050) 4 ...Fire I'reventi,%n urn ire. Inv it under ,omirart w nh the f'nv o1' National f'd% 330 of 731 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND TEE INSTRUCTIONS FOR No-9 ABATEMENT? l Yes HAVE YOU MADE ARRANGEMENTSTO ABATE THE PROPERTY? No Yes CALL RRE PREVENTION 1-866-779-3774 htt p://fl reprevent io n. net CALL FIRE PREVENTION FOR' RE -INSPECTION. 1-866-779.3774 http://fi reprevent ion. net PROPERTY OWNERS ARE RESPO N5IW [FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND MStS. HAVE YOU THOROUGHLY READ THE ABATEMENT INSTRUCTIONS WOULD YOU UKE THE CITY TO ABATE THE HAZARD FOR YOU? If NOT ABATED WITHIN TIME SPECFIEDTIf OWNER WLL BE CHARGED A $350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes Yes IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 htt p://fl repreventbn. net CALL RRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-T79-3774 http://flreprevention.net CALL RRE PREVENTION FOR ARRANGEMENTS. 1-866-T79-3774 ht2p://fireprevention.net IF ARRANGEMENTS ARE MADE pgK1BTO CRY ABATING HAZARD, THE ADMNISTRATN E FEE MAY BE WAVED. 333 E. 16th Street : National City, CA : 9190-4596 85 331 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. Hand Labor A. per square foot of area abated 3. Dozer Operation A. hourly rate B. move -on fee $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D E. F. G. H. release of abatement lien public notary File duplication fee Unscheduled Labor per man hour unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) 86 332 of 731 k 336 of 731 01704 341 of 731 (t , e " °s c 0 co r CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO. ABATE PUBLIC NUISANCE Owner: Mcdonalds Corp Address: Po Box 182571 Columbus. Oil 43218 Parcel Number: 557 380 63 00 Date: 1/5/2021 Location of Public Nuisance: 2140 E Plaza Blvd instructions for Abatement: Please clear the entire property of all weedsidead vegetation .trash, debris and arundo. All piles of dcad vegetation and debris must he removed from the proplert .(Please maintain anv and all grasses below 3 inches year round)(This includes along sidewalks and allevs)tPlcase remove all tree branches that exist within 6 feet from the ground.) You are hereby directed to abate the public nuisance described above. of which you are the occupant or owner within ten ( III) days of I/5/21121 "Your hulure to comply with this order is ill result in you being charged the administrative Ice and the Clty hasntg your propem cleaned bs the Co's contractor at sour expense Iper National City Munuctpal Code Chapter 1361 A S351 (I0 adnunstratise lee will he charged in addition to the contractor's lees to clean the propem (per Resolution number 94-97) Violations are also subject to prosecution as misdemeanors Guidelines Fur fhe .Abatement of Flammable \'e_etation For he protection of life and property, remove all brush, flammable vegetation. or combustible growth it hich is located from thirty (30) feet to one hundred l In(i) Ice/ from such a building or structure or to the property line. %huchcset us nearer. or as required by the Fire Department. including the maintenance of grass and other vegetation more than flinty 13U1 from such building or structure Cuttings are to he removed from the property and disposed of properly Vegetation is to he cut within two (2) inches of the ground "NO 1ICE IIE(..1ltDI\G 1t%RE.'1IIRE:AI ENf:D Olt E\II.A\GERED SI'E( TES" If you have previously received n notice from the California Department of Fish .and Game or the U.S Fish and N ildlife Seines that rare threatened or endangered species of lish or wildlife base occurred on your property in the areas identified lint fuel break clearance- 1'OU Ml1S1 NOTI11 BOI I I .4(iLNCIES AND I IF NATIONAL C II 1" (lift DIP,\R'I'NEN I IN WRIT INC A f 1.1-AS I .1-EN t I I)1 DAYS PRI(1R 10 BF(JNNIN(r VE(iETA HION CLEARING. If I I II:SE ACGI NCILS 1-AIL.10 013.11 1 1 1 1R NOTII Y Y011 Of ANY AI, IERNAIIVI PROCLDURLS \4't'IIIIN 1I1OSL ITN 11(1) DAYS. 'YOU MAY 1)Il1N PRI.X 1J l) it) C'LLAR VI G1 IATION AS DIRT (11 l) BY 1'1 ITS NO IC I failure to provide note licauon to these agencies may render you liable under Federal or State I.aw to penalties National City 1luuicipal Code 9.12.11111 Public \uisance Declared —In General Any of the Billow mg conditions are hereby declared to constitute a puhhc nuisance - A. When the fire Chief or her/her designee determines that there exists tit any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of rubbish. or unnecessary accumulations of wastepaper. boxes. shavings. or any highly flammable materials which are so situated as to endanger life or propem: or finds obstructions to or on lire escapes. stairs. passageways. doors or windows that reasonably tend to interfere with the operations of the lire department or the egress of the occupants of such building of premises. or finds that the effectiveness of any exit door. attic separation or any lire separation wall rs reduced err finds that any pros rsron of the Lind -twig Fire Code is being violated. B. When the fire Chid or his/her designee deems any chimney. snutkcstaek. stove. own. incinerator. furnace or other heating device. electric fi\ture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premise; not specifically mentioned in Mc 1 nuurn, Fire Code. to he defective or unsafe so as to create a hazard C' When the Fire Chic' or his/her designee finds any condition which in his/her Judgement increases or may cause an increase oI the hazard or menace of lire t.y greater degree that custontarils recognized as normal by persons in the public sen ice regularly engaged in preventing. suppressing or e\tineuushine lire or any thing or do which may obstruct. delay, lutder or interfere with the operations of the lire department or the egress of occupants in the cyan of lire National City NIuniciUal ('ode 9.12.020 Public \uisance Declared—AAccds and (Other Flammable llaterials All weeds. growing or located upon streets- sidewalks or private propem are hereby declared to he a public nuisance For the purposes of this chapter. "weeds" shall include the Reims -Mg A. Weeds which hear seeds of a downy or is may nature 13. Sagebrush. chaparral. and any other brush or weeds which attain such large growth as to become. %%hen dry. a tire menace to udlacent improved property C Weeds which are otherwise noxious or dangerous 1) Person oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health [ Dry grass. stubble. brush, litter. or other flammable material which endangers the public safety by creating a tire hazard in a portion of the City which has been toned for single and Multiple residence purposes National City 1(urlll'ij1al (-ode 1.36.11111 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to he a public nuisance in any section of this code. and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health, saltily and welfare or which sugnulicantly obstructs. injures or interferes with the reasonable of tree rise oI property in .1 netghhorhuut community or to any considerable number of persons A public nuisance also has the saute meaning as set forth in California C n d Code Section 3.171) %alional (ilv Iunicignl ('ode 1.36.116(I .lbatemcnt--.Appeal— !leering Within ten (11)) days liom the dale of posing!. mailing or personal ser ice of the required notice. the owner or person occupy ing or controlling such lot or prenuscs allcctcd may appeal to the City Council .Such appeal shall he in writing and shall he tiled with the City Clerk If you should have any questions, please feel tree to call this number: 1-866-779-3774 Si usted tiencalguua prcgunta. por favor flame al numero: 1-866-779-3774 Se anu111a1I8 kalanungan, turnasyag Zang per sa tunnel —one ilo: 1-866-779-3774 Sincerely yours in public safety. **You has c the right to appeal this matter to the City Council within ten (10) day s of the receipt of Thus notice I-866-779-3774 ext. 307 or http:/(lireprevcnliout.net Ile appeal shall he in writing and Tiled with the City Clerk. (NCMC 136 iNil) "'Fire Preventrie4Serices. Inc. is under contract soh the City ofNational C its Fire Prevention Seri ices*" 350 Of 71; U.S. Postal Service" CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit�3our website at www.usps.com'�. CoIilfi�ltp5t I01 `lF.,1[1+u Extra ervIces 8 Fees (check bar, WO fee Ier relate) ❑ Return Receipt ihadCopY) $ ����JJ El Return Receipt (ale ' - $ I I , I IIJ ❑ certeted Mall Res $ 0. I I l j ❑ Adult Signature R. 557 380 06,Q0 ❑ Adult Signature F $ I 0 557 380 63 00 otal Postage an Mcd $ 7F'D°Box 182571onafdsCorp Sent To Columbus OH StieetettdApt N 1.05_ _ _ _ trlty, fate, Z1P+44 NC 01 'O5/2O21 4,2 351 of 731 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1, 2, and 3. I • Print your name and address on the reverse so that we can return the card to you. 557 380 62 00 557 380 63 00 Mcdol:atds Corp Po Box 182571 Cc!urnuus Ot-! NC NC ti.7.:. ' IIIIIIIIIII IIIII IIIIIIIIIII 1111111111111 9590 9402 6101 0125 9844 36 A. Signature X ❑ Agent ❑ Addressee D. Is delivery address different from item 1? O= If YES, enter delivery addresspet 3. Service Type o Adult Signature 0 Adult Signature Restricted Delivery ❑ Certified Mall® 0 Certified Mall Restricted Delivery ❑ Collect on Delivery 9 artirio hit imhor ?rnneror /slim corwro shall 0 Collect on Delivery Restricted Delivery AM! vlali Restricted Delivery 7019 2970 0002 0215 95199 PS Form 3811, July 2015 PSN 7530-02-000-9053 Delivery M ClAarlinfala tf estricted De 'very 0 Retum Receipt for Merchandise 0 Signature Confirmation^' 352 of 731 Do nesu„ nem i i neue t CZ «. I I • 1 1,I*3 ":1" 5 Tr. ",:y°•• - = :4•7 — m:07, - • Airios1 , _ diadlikar' r- 4 354 of 731 LEL Jo 99€ --- ection 356 of 731 • , - - 7 y- - , {1_ t r 1, „_,A • .All. -IA , ' k , • .7,,i,''i.7.4. . ", cii • i 4 ...". ' .7, .1.. t '-, - " ' .-, , , ',P,J1 Mil ..ilir , ' I:, ."' 5.1,,'-' • ..I, . • 4,0fi. I '' 1 ...; .:. . '0 .."-.. .1Sirslo,„ •-•?:,.-„:. - ; t. , • • ..-",,,,.L 41'. t. 4,_ i i - ,,' •• - .:,..11.c. . .... '.1` . -' . • ' .-.4‘,..."-itt1,_ ,,,,'"- v . t -t.' ' - i — 4 " t 1" r" --, lc . i ..". 4,..4r_ 14,1, a ii . t 4. 4 qc, , , „. ,. ...40. . %74, 101,, ,, 4 ri. • • ' r , . . 1 . ,. .., , , :64.-,,,e'k ' rk T _ 41.p., ' -• .11 -9 ' ;•'. k • 1 -4' 4'' -• . ' ' . 1 ....,7,, •• ' 'C ,''';',,, •,...,' • i . r..0.111604ifirf,s,v . I , • 149 ',1 "ri. de 1,, ,,,:._ 4:4, • _ . = ''''' ,E. ,,,..--.. _ - . i - — ' i • -•,i .1, '''' ' '1,1', ''.,'" , _ , e ......,* • - l' .." 4 %.1.11.1.:'; .P.:•:jilj' '''',4 ',,r34.4....;!..el —;:a.: .44 !' 11.,. -.., .1--X•:** .31' 4.1 ,, - .. • . ,,- ' 1 " st..t" k,,,,, ...,,,' , 1, v. ,. •• s f,- . r i ..,' 4! . --,;11:4".1 '01, - ,6. ,i„ ,",f4 , , -. , • 'I..., A ,' ---.' 1••,:,* WI .0.4. '.146 a II • - , '• +41.4i,*, ; ' i * P 4. . 40.*,s, "7 •..- .0. , 1 r., I , . • . 4 i4 ...1 A ",-.4-Q.. 4 - ...1. . " v 1 4_f "1' ' • • 't "1.• '4* A _--., - . ..• • : , '''.'-'r•*:1 , , . , A. 1 44 .: 4 . : . ,. ' :;',•'•,, . ! .. i 0' .,,, ' 'F i it* • . , ,' ',- . *A. ... "'" i'd,7, . .f•-, - l'o, 1. '''' '''''''' . :.'';' . --- .L4' 1.`r . —4;1,4%4;1,-- ''' 14"i'll-• it a . . '.. l,.• -:•-• wit 1/16/21 Final Inspection 4' 4" Am. ----,72;L:=9.7 01"- 1 EC /16/21 Final Inspection 120 366 of 731 co 0 r co 0 U a) s+71 cn N • GIMP N CO 11 1/16/21 Final] spection 123 369 of 731 (t , 'e " �'°4y� {` .-i ``/i e. r c 0 co co o'hiCt,l4fe CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 7364 Owner: Mcdonalds Corp Address: Po Box 182571 Columbus, OH 43218 Parcel #557 380 63 00 Job location:2140 E Plaza Blvd Authorized by: 7e° j Signature: Date: l z6-2% WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round)(This includes along sidewalks and alleys)(Please remove all tree branches that exist within 6 feet from the ground.) 133 379 of 731 06 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY. NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES. m � -O \ n13 �c V NW, COR. OF _ 80 2C 2 Of. ,1 Zs.Y 5,T op. + CLSO. SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 557 PG 38 P10 ta: t .' DETAIL "A" 1"=20' o �c m0 c7 Oq 4 .yP _P 1; ,`i.?'41�'P .P Gp 03, SW CO-R OF A\ NE0 OF E 1/2 OF % 80 AC LOT 2 2 Cp lll MAP 166 - RHO. DE LA NACION - POR. QSEC 129 ROS 8845,9406,17515 55 W LI OF NE0 OF NEQ grs N. E. CCOR. OF 80 PC. 1 LOT 2 1 44, C 557-38 = i00' t1 11/19/2010 ACR CHANGES Ell. 0IoL ' NEWI'P CUT 300 JY v_,84 sa P .59 ‘rib.; 141sagJl 1Isr.a 7,7-5.T M 4 /4 sv86/f OA:4587L1D'A 45 I64•48 87122.55 I sM,..t 1 1 z s3 MEf1 CIL-02 21J580 .37 L9{40 Z �13f� 51 sop 11 4678 eve, G. 134 380 of 7311 Work space for diagrams and amount of work done . Hand Sq, Ft.: Tractor Sq. Ft,: Total Removal Cu. Yds.. , Dump ticket: Dump Charge: 136 381 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net 2/25/2021 Mcdonalds Corp Po Box 182571 Columbus, OH 43218 Parcel # 557 380 63 00 Location: 2140 E Plaza Blvd Dear Mcdonalds Corp, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City ofNational City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $410.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 557 380 63 00 on the check. If you have any questions please call us direct at (619) 562-1058. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 136 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing quantity sub total A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15.000 square feet $325.00 C. per parcel, sized 15.001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ft. Hand Labor A. per square foot of area abated $0.10 600 sq. Ft. 60.00 Dozer Operation A. hourly rate B. move -on fee Copy $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $38.00 X cu.yds = B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 $350.00 Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 H. unscheduled fees (reimbursement of cost) FILE # 7364 APN # 557-380-63-00 TOTAL $ 410.00 137 383 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net Final Bill 3/11/2021 Mcdonalds Corp Po Box 182571 Columbus, OH 43218 Ref: Parcel # 557 380 63 00 Dear Mcdonalds Corp.. COPY This is a reminder of the letter we sent you on 2/25/2021 and we have not received payment in the amount of $410.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 557 380 63 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-1058. Sincerely. Fire Prevention Services, Inc. re%.05 IA 06 138 384 of 731 RECORDING REQUESTED BY Fire Prevention Services. Inc. PO Box 1720 El Cajon. CA 92022-1720 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO I r Pre., ention Services. Inc. I" Bnx 1720 El Cajon. CA 92022-1720 COPY NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY 11 HEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and %%l lrRE:AS such +iolation was ordered abated on 1/26/2021, and WHEREAS -\S representatives of the National City Fire Department abated the violations) on 2/25/2021. and WHEREAS the charge for such abatement amounted to 5480.00: 111E12EPORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current ow ncr nt the nroperi) is McDonalds Corp at Po Box 182571, Columbus. OH 43218 described as follows: \TN, = 55,7 380 63 no 1l)1)R1- ::S_ 2140 F Plaza Bl' d I.ki'tl 1)1_5C'R1P•1-if)ti. Part Tr 12772 1 his abatement obligation shall attach to the property_ not the owner. and may not be extinguished by a tax sale under the California R ;.5 cn:,e and taxation Code Section 3712. After confirmation by the City Council shall become a special assessment on the property tax hill. lino; ud pursuant to `late La++ and State Tax Lien Law. the property may be sold to satisfy that obligation. The amount of such claim shall he ph - a nd °the, costs +w hich may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such l,. t: he required or determined to be appropriate. reasonable legal fees will be incurred and added to said obligation. ll-\TF11] '+lath ;1. 2(121 BY; Ken Osborn. Fire Prevention Services, Inc.. Designee for National City Fire Department Certificate Of Aclmowledgement A rotary 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. -tate California otint+ of San Dieso On March 31. 2021 before me. R Thrasher. Notar Public. personally appeared Ken Osborn. who proved to me on the basis of satisfactory e+uic; to he the person(s) whose namets) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same i„ his 'her their authorized capacitylies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which per:on!si acted. executed the instrument_ _riit+ inter f''t OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. 1411:SS hand and official seal, Commission No. 2332281 4 NOTARY PUBUC - CALIFORNIA SAN DIEGO COUNTY Commission Expires August 24, 2024 R. THRASHER (Scat) 139 385 of 731 SUMMARY REPORT FOR APN 558-220-35-00 07/29/20 Received citizen complaint. 07/29/20 Initial inspection was made, property was found to be in violation. 08/05/20 Mailed 30 day courtesy notice to the owner. 09/08/20 Re -inspection was made, property was found to be in violation. 09/08/20 Posted property. 09/09/20 Mailed 10 day final notice to the owner, certified mail, 09/17/20 Received signed certified return receipt. 09/21/20 Final inspection was made, property was found to be in violation. 09/23/20 Verified ownership information with County of San Diego. 09/29/20 Work order authorization signed by District Official. 10/08/20 F.P.S.I. crews abated the property. 10/19/20 The owner was mailed a bill at the contracted rates. 11 / 10/20 The owner was mailed a final bill. 11 /25/20 A Notice of Abatement was filed on the property. 05/21/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 140 386 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY. C.A. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Brown Clara M Address: 10037 Dunbar I .n El Cajon, CA 92021 Parcel Number: 558 220 35 0(1 Date: 8/5/2020 Location of Public Nuisance: 3040 E 16th St Instructions for Abatement: Please clear the entire property of all weeds, dead legetation. trash, debris and arundo. All piles of dead vegetation and debris must be removed from the Property. (('lease maintain any and all grasses below 3 inches year round)(This includes along sidewalks and alleys) l'ou are hereby directed to abate the public i n s:ince described ,bo%c or -which you ;tic the u..upant or u+uicr. within thirty (301 days of 8/S/21120. •'four failure to comply with this order vs ill result in the( it% haw atg your prnpert% cleaned by the l It) 's contractot at soil• expense tper National City `.luntcipal Code Chapter 1.3(i) A $350.00 administrative tee will he charged in ,duton to the contractor's lees to clean the puoperit mei Resolution number 94-47) Violations are also subject to prosecution as misdemeanors Guidelines Fur I he \bowmen( or Flanrmalik \ meratinu For the protection of life and property. Icniove all Mush. Il:uuntable sego:uonn. or cumhusublc gr.mmill wnr, h is located from shirty (30) feet to one hundred (1001 feet from such a building or structure or to the property line. whichever is nearer or :Is required by the 1 ilia Department including the maintenance of grass and other vegetation more Man thirty (30) from such hulling or structure ('utiligs arc to be wino%ed from the property and disposed of groped\ Vegetation its to he cut within two (21 inches of the ground "•\O11(F IUL(. 1RI)1\(. It Ott . I II1ti v 11• \1•:I) Olt t \I) 1\(.1.12F:I) til'1• . IFS" If you have previously received a ounce IIuui the Califorma Ucpartnlenr of I ish and Game or the l l S l ish and V,'Jhle Services that rare. threatened or endangered species of fish or wildlife have occurred on you; property in the areas identified for rtiel break clearance 1'Ut' Mt'S 1 NO I II l 13O'rl l A(,I N(•(ES AND THE NA (ZONAL. CrIY FIRi- DEI'ARTMENT IN WRITING A f 1.1 A I I EN t I()) DAIS PRIOR I t )13F ((INNING VI (il' IA II( IN C'1 1 .1RIN(I. It 1111 SI: \(il:RCILS FAIL TO OBJECT OR N()ZIFY YOU OF ANY ALTERNATIVE PROCI 1)1 RI-S WI CIIIN 1110S1- I1 ti • 10) DAYS. 'YOI M 11' I I IFN I'ROt. I III) Ise Cl.F_Al( VLCiL IA 1 ION .\S DIRECTED B1' ltllti Nan( t:. Failure to provide nob flcalon to these ageneles may render you liable under Fedcial or State I aw to penalties Naliuual (•if% Municipal C ode 9.12.11(1 Public \(malice l)crlured--In Ccncral Any oldie following conditions ate herchs declar, d to ((institute .t public nuisance A. When the Fire Chiefor his/her designee determines that there exist., In tin\ building or on an\ insetusc, .umhustihle. hazardous of explosive materials or dangerous accumulations of rubbish: or unnecessary accumulations of wastepaper haxes sha ings, or any highly flammable materials which are so situated as to endanger life or property: or finds obstructions to or on tire escapes. stairs passageways doors or windows thin leastaurhlt tend to interfere nith the operations ol'the tire department or the egress ofthc occupants of such budding n1 premises; or finds Mai the effectiveness ul any exit door, attic scpa.,nnai or an+ lire separation wall is reduced, or finds that an: provision of the Uniform Fire Code is heing violated N. When the Fire CInd01 hisrher designee deems any :hlnme+. smokestack. stove oven, im,:niclalur Iuroave t r other heating des ice. electric future or any appurtenance thereto, or anything regulated under a natiunalll recognized .:tamlard In or upon :my budding structure or premi•.es not specifically mentioned in the Unifi rr, Fire Code, to he defective or unsafe so as to create ,I hazard C . When the Fire Chief or Itisiher designee finds :my cr•ndtf um ohidh u1 lus'hcr nitlgnrent in, „r m.:+ ::;,tne an ,nerease of the hazard to Menace of lire to a greater degree that customarily recognized as normal by persons in the public service iegularl+ rni:i :d il1 presenting. suppressing or extinguishing lire or any thing or ::c; which may obstruct. delay. butler ig interfere 11 ill ;tic operations fit the lice department t i the e?re s : 1 ._ i iiiis m the event of lire "+'a:iuual ( i! Municipal ( title 9.12.1120 Public \uisam. 1)ecl retl O_ etas am: tat her Flamm:114 1laterials \(I weeds. growing or located Upon streets s.ucwalks or pi vale pn,peri :tie heah\ declared kb. t rim once 1 of the purposes ,•f Mrs chapter. "weeds" shall include the following. A. Weeds svhich hear seeds ()la di or w met mom; 13. Sagebrush. chaparral. and an) :ah;r Mush or Iweils yyhich atan1 such large grov, I1. a, r.. ouie. Alen di s alit. inemice to adtaccnl improved property. C. Weeds which are otherwise noxious rr dancer„its D. Poison oak and poison ivy when the condition, of growth are such ati to CoIr5tivac .1 cu icy the tlw public health Dry grass, stubble. brush. litter or other flammable 0 llcrra' ahieh endangers Ha: nuhh. •nr. n t•s ;r.atiug 1 lire hazard in a portion ol'the City yvhich has been coned fir single and multiple :c,.dcncc pry-;,os.s National ('pis 1luuicipal ( ride 1.36.11111 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to he .t public nuisance 11 ;tin set:Iiou of this .+,Je ❑ndl+,r and cnnduion caused, maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which Nigntlioantlr uhsuuets nllwcs or u1tcrlcres with the reasonable of free use of property in a neighborhood. community or to any considci hIe nunihei of persons A public nuisance also has Ilse s:vmc meaning as set 1onli in California Civil Code Section 3479. National l its \lunicipal (ode 1.3(1.11611 .\halenlent— \vocal— Ilcariou Within ten (I()) days from the dale of posting. mailing ur personal service or the required none, the u\+ncr oI persur, ,occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall be in writing and shall he tiled with the ( it) 1 telt If you should have any questions. please feel fret. In call this number: 1-N66-779-377.1 Si usted tiencalguna pregunia, our litsur Iltime al uumeru: I-Wm-779- 3'71 So airumallg katanunj;nn. I1n11aseag long p' sa nunn•rung use: 1-$66-779-37”4 Sincerely yours in public safety. "l ou has e the right to appeal h+s matter to the (-in ( ounal within ten 110) day s or the receipt of thi I-866-779-3774 est.307 or http:.tircprewrnliun.ncl rite appeal shall he in writing and tiled w oh the ('ay Clerk. (NC.VIC 1. +6.050) "sr rn• Vrr, 'norm Serf ire. Inc r, nndrr r.,nrrnrl yid!! Ihr ( ii. of Nah,ncd t'iI4 387of731 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No--� Yes GALL FIRE PREVENTION 1-866-779.3774 h tt p: // fir ep reven t io n. ne t CALL FIRE PREVENTION FOR RE -INSPECTION. 1-366-779.3774 http://fireprevention.net PROPERTY OWNERS ARE RESPONSIBLE FOR NIAIRffAIN4 NG HAZARD ABATEMENT ONA YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THEABATEMENT INSTRUCTIONS No WOULD YOU UKE THE CITY TO ABATE THE HAZARD FOR YOU? NIo IF NOT ABATED WITHIN TIME SPECIFIED THE OWNER WILL BE CHARGED A 5350.00 ADMINISTRATIVE FEE, PLUS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes •Ye s IF YOU DO NOT UNDERSTAND —Yes--N INSTRUCTIONS CALL FIRE PREVENTION. 1-866-779-3774 http://fi reprevention.rRt CALL FIRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779.3774 http://Rrepreventbn.net CALL FRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 h ttp://fi reprevent ion. ret IF ARRANGEMENTS ARE MACE EBI(38 Tp CRY ABATING HAZARD, THE ADA4NISTRATNE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 142 388 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES Tractor Mowing, A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) 143 389 of 731 NOTICE TO ABATE FUBLC NUISANCE I 09/08/20 Re -Inspection 391 of 731 i• • s 09/08/20 Re -Inspection 09/08/20 Re -Inspection 150 396 of 731 19 08 20 Re- ns • — co r-- "5 r-- o-) co ji ; CITY OF NATIONAL CITY FIRE 'DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Brown Clara 1\9 Address: 10037 Dunbar Ln El Cajon. CA 92021 Parcel Number: 558 220 35 00 Date: 9/9/21120 Location of Public Nuisance: 3040 E 16ili St Instructions for Abatement: Please clear the entire proper(\ of all Axeeds. dead egetation. trash. debris and ant ndo. All piles of dead vegetation and debris must he removed from the proper(. jPlease maintain anv and all grasses below 3 inches \ear round)(This includes along sidewalks and alle\si You arc hereby directed to ahaie the public nuisance described above. of which you are the ocsupmn or owner vt ithin ten (1(1) days of 9/9/211211 '• Your failure to comply with this order arll result in you being charged the admimstratiyc lee and the City having your property cleaned by the C tty's contractor at sour expense (per National City Municipal Code Chapter 136) A %350 tin admuni.Iraute fee will he charged in addition to the contractor's lees to clean the property (per Resolution number 94-97). Violations are also subject lu prosecution as misdemeanors Guidelines For the Abatement of Flammable \ reetatiurt For the protection of Ile and property remove all brush. tlanun,thle tegetatiun or combustible growth nItch is located from thirty 1301 feet to one hundred (10(1) lees from such a building or structure or to the property line. \thfcIi er is nearer, or as rcqurred by the 1 I)ep.rrtmenl. including the maintenance of grass and other vegetation more than thirty 130) from such building or structure ( manes :ire to he removed from the property and disposed ol properly Vegetation is to he cut within two 121 inches of the ground. "NO El( E. Rt.(:.AIMING RARE. 11IRE.% 1 LNI.II OR END %\(,I• RED SI'f.('II:s" If you have previously received a notice from the C ahloniia l)epaitrncnt of fish and (lame or the 1 s I ish and Wildlife Senrees that rare threatened or endangered species of fish or wildlife have occurred on your property in the arras idenulied for Wel break clearance \ Ol All yrI NO II Y RO 111 AGENCIES AND THE NATIONAI (1 1 Y FIRE DEPARTMENT IN WRIT IN(' A I 1 EAS 1 RN (101 DAYS PRIOR 10 131-GINNING VI till Cf1ON . I !AILING IF THESE AGENCIES FAIL TO OBJECT OR NOTIFY YOU OF ANY Al TERNA FIVE PRO(.I DI'RI'S \Aft (IIN 1 IIOSE TEN 11(1) DAYS YO1 M \1 I I ILN PROCEED fO CHAR VEGETATION AS DIRECTED I3Y TIIIS NOTICE. Failure to pnividc notification to these agencies may render you Kahle under I edcral or Slue I aw to penalties \atiunal ( its %1unicij uI ( odr 9.12.11111 Public Nuisance Declared —In General Any of the following conditions are hereby declared to constitute a public nuisance A. When the 1 ire Chief or Iusrher designee deteunutes that there exists in any building or oil any lucnuses combustible ha/adonis or explosive materials or dangerous accumulations of rubbish. or unnecessary accumulations of wastepaper, boxes shavings. or ,any highly !laminable materials which are so situated as to endanger life or properly, or finds obstructions to or on lire escapes shun passageways. doors or windows that reasonably tend to interfere with the operations of the lire department or the egress of the occupants of such building of premises or finds thin the effectiveness oil any exit door. attic separation in any lire separation wall is reduced; of linds that any provision of the Uniform Fire Code is being uoliued B When the I ire Chief or his/her designee deems am chimney. smokestack. stole. oven. incinerator furnace or other heating device. electric fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon aov huddi ns structure or premises out specifically mentioned in the I niliirrin Fire Code. to he defective or unsafe so as to creme a heard C' When the Fire Chief or his/her designee finds any condition which in his her judgment mcre;tse:s or may cause an me ease of the hazard or menace of lire to a greater degree that customarily rccognricd as normal In persons in the public se.nice regularly engaged in preventing suppressing or extinguishing lire or any thing or act which may obstruct. delay, hinder or interfere with the operations of the lire department or the egress of occupants in the event of lire Naliumd (its/ \Iunicioal ('ode 9.12.11211 Public Nuisance Declared —AA eeds and Other I lanuuahle Nlaterials All weeds. growing or located upon streets. sidewalks or pro :tie progeny are hereby declared to he a public nuisance For the purposes of tits chapter, "weeds" shall include the following' A N'ecds which hear seeds nt'a downy nr tuna\ ammo 13 Sagebrush. chaparral and any other brush err weeds vthtch attain such large growth as to heennre ythwn do a fire menace to adjacent improved property C' Weeds which arc otherwise noxious or dangerous 1) Poison oak and poison n y when the conditions of growth are such as to constitute a menace the the public health Dry grass. stubble. brush. litter or other flammable material which endangers the public safety M creating a lire hazard in a portion ol'the City which has hcen toned fin single and multiple residence purposes National ( its/ ►Iunicipal ( ode 1.36.11111 Public ♦insulin- Defined "Public Nuisance" means any condition defined or declared to he a public nuisance in any section of this -ode ario or .and condition caused, maintained orpennntcd to exist which constitutes a threat to the public's health safety and vveflaic or ssluch significantly obstructs intones err interferr:s with the reasonable of free use of property in a neighborhood. community or to any considerable number ol persons \ public nuisance also has the same meaning as set forth in C ahtiirma Civil Code Section 3479 National ('il\ %luuici(al ('ode 1.36.11611 Abatement— Anneal— hearing Within ten (10) days From the dine ol posting. mailing or personal sexy ice of the required notice the owuci or person occupy nog or controlling_ such lot or premises affected may appeal to the City Council Such appeal shall he in writing and shall he tiled vy ith the City Clerk If you should have any questions. please feel tree lu call This number: 1.X0s-779-3774 Si tided Iiencalguna pregunla. pour favor Maroc Ai uumen': 14366-779.3774 tic anunnang kalanun[lan. rirmowli hang pa sa mrnteroog ilu: I-1466_'79•3774 Sincerely yours in public safety. • • l ou hay c the right to appeal this matter to the C rt. C ironed vs/ ilhn ten 1101 days of the receipt of this notice 1-866-779-3774 ext.31)7, err http://lirepre'.ention.net the appeal shall he in writingaud tiled with the( ny l lent. INCMC 1.36.(15o) ""Fire PrevenlA&?..1cn ices_ Inc is under contract with the l tit\ of National ( it Fire Prevention Services'"" 398 of 731 09/21/20 Final Inspectuon 153 1r ,, E� q i jw ,4+ i y 'I Tl. �I 1 F�, ., ' q -,t+.'��' , '"-TPA a 399 of 731 09121120Final Inspection 400 of 731 09/21/20 Final Inspection 401 of 731 09/21/20 Fina L rto �a a- ..a r'- U.S. Postal Service'" CERTIFIE ' MAIL® RECEIPT Domestic Mail On y Far deliver informa ion. visit our website at www.us. .com'". Lit/JrLit/Jr IVAI9 11 R, 1C,eruiiec Mali Fee . j `_, e in tra ery on : Fees /doekbox. add M ❑ Reum Recalat O.sraw0Y1 S r ,. • fL 0 Reacn Raoelot talecvonlal $ ¶ li f . f 1 �n Postmark CI ❑ Codified Mao RastAli t l i l tcied Delivery S , are D 0 Adult Signature Required $ a':'::— Co Z, n'; Cl❑ Adult Signature ReeMeted Delivery S Z>r Postage N $ IT' Total Postage ru a- 0 N S Sent To street andAp: city. State. 2i PS Form 3e e58 220 35 00 Brown Clara M 10037 Dunbar Ln El Cajon 160 CA NC 406 of 731 SEN COMPLETE THIS SECTION ON DELIVERY • Complete items 1, 2, and 3. • Print your name and address on the reverse so that we can•return the card to you. • Attach this card to the back of the mailpiece, or on the front if space permits. 1 558 220 35 00 Brown Clara M 10037 Dunbar Ln El Cajon CA NC 92021 III'll111I'll111111IIIIIIIIIIllIl II IIII A. Signature X B. Received by (Printed Name) ❑ Agent 0 Addressee C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter ,clglivocv..addrpl,below: ❑ No SEP 17 201n 3. Service Type ❑ ❑ Adult Signature 0 ❑ Adult Signature Restricted Delivery 0 0 Certified Mall® 9590 9402 5628 9308 7910 40 0 Certified Mall Restricted Delivery 0 ❑ Collect on Delivery 2. n.ririo n 4.+he.T nnrn, r.............:.... ._,._ n ri r„aa,.r,... "slivery Restricted Delivery 0 7019 2970 0002 0215 7169 Restricted Delivery T tover3Dt70)- Priority Mail Express® Registered Mail," Registered Mail Restricted Delivery Retum Receipt for Merchandise Signature Confirmation,. rl SionatumContirmatiop 407 of 731 PS Form 3811, July 2015 PSN 7530-02-000-9053 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization t 7268 Owner: Brown Clara M Address: 10037 Dunbar l.n El Cajon, CA 92021 Parcel #558 220 35 00 Job location:3040 E 16th St Authorized by: Signature: R dew Date: / -29-2°Z0 WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: Tractor Mowing: _ sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire pro pert• or all weeds, dead vegetation. trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. kPlease maintain any and all grasses below 3 inches year round)(1.his includes along sidewalks and alleys) 162 408 of 731 06 558-22 0 N 0 ISAN DIE® ITV ASSESSOR S YAP BDo11 9S8 PAGE 22 s W y HARBISON COAL A. uc I ST ALLEGHANY ST 3% 3o/L 3o/y 3e/6 3e& Soy 13/OZ /3o iz ., ®3//0:3 1 O AOa- > :. 34 v� O 77 �� l'g yZ * 217 218 219 1 220 i 221 L 224 I 225 i ? 33 O YS r X (7 2 ``3Z: Ne 220 ! % a aYc I /G yZ 17Li iS7661/13 ap s A. R �J 234 bk 30if, 232 6. of 44 21 AC 3� 230 0, 229 ASS MAP II4FD1FOR PREPARED IIJ ACCURACY OFSTHE RATA SI4OKN S ASSYFSSOR S PA RCA IS S MAY NOT COIof'LY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES 227 7 5T BOLIVAR ST P oroMAc 37. 1-=1aa' 726/2008 SM ICHANC3ES 1. OLD * GJT 220 76134 :l �3 72-25 28 5 4i 44 73, 77 05 DD 5404 2159 3527 468 55J4 MAP 15648 - H & H TOWNHOMES MAP 1748 - LINCOLN ACRES ANNEX NO 2 ROS 17635 CANC 163 409 of 731 Hand Sq. Ft.: if4Eta Dump ticket; y E'5 Work pace for diagrams and amount of work done • Tractor 5q. Ft„ Dump Charge: _I ill. O ' P1/ 'i 37e 0? Fo 164• Total Removal Cu. Yds.: 5/• 8't 1 0/02/20 Before 165 411 of 731 10/02/20 Before 166 412 of 731 10/02/20 After 168 414 of 731 10/02/20 After 169 415 of 731 10/02/20 After 170 a 416 of 731 Fire Prevention Services, Inc. 1Oil 8/2020 Brown Clara Nl 10037 Dunbar t_n El Cajon. CA 92021 Parcel # 558 220 35 (10 Location: 3040 E 16th St Dear Brown Clara M, P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net CQpy This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City_ to help reduce Public Nuisances and potential (ire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $3.182.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this hill may result in the filing of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel ## 558 220 35 00 on the check. If you have any questions please call us direct at (619) 562-1058. Sincereh. Fire Prevention Services. Inc. rev.05/I9/06 171 417 of 731 NATIONAL CITY SCHEDULE OF FEES Tractor Mo«inu quantity sub total A. per parcel. sized I to 7.500 square feet $250.00 B. per parcel, sized 7.501 to 15.000 square feet $325.00 C'. per parcel. sized 15.001 square feet to 30.000 square feet $400.00 D. per parcel. sized 30.001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. it. Hand l.ahor A. per square loot of area abated Dozer Operation A. hourly rate 13. move -on fee $0.10 8.450 sq. Ft. _845.00 $150.00 $150.00 Debris Rcmediation (includes chipping. grinding. and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 X 51 cu.yds = 1.938.00 B. dump fees (reimbursement of cost) 1 49.00 Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 $350.00 Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports. attending hearings, etc.) A. cost confirmation fee. per parcel $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 13. abatement lien $50.00 C. Interest on lien (apr) [ 0% D. release of abatement lien $50.00 E. public notary $20.00 F. file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 I. unscheduled Zees (reimbursement of cost) FILE # 7268 APN # 558-220-35-00 TOTAL S 3.182.00 172 418 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net Final Bill 11/10/2020 Brown Clara M 10037 Dunbar Ln El Cajon, CA 92021 Ref: Parcel # 558 220 35 00 Dear Brown Clara M. COp!y This is a reminder of the letter we sent you on 10/19/2020 and we have not received payment in the amount of $3.182.00 Ilwe do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this hill to our collection agency. Under state and local law, costs for such action will he added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 220 35 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-11158. Sincerely. Fire Prevention Services. Inc. rev.05/ 19/06 173 419 of 731 RECORDING REQUESTED BY i ire Prevention Services, Inc. P() Box 1720 1.1 (.'ajon, CA 92022-1720 ( 6 t y) 562-1058 fax (619) 445-6336 AM) WHEN RECORDED MAIL TO I ire Prevention Services, Inc. PO Box 1720 Li Cajon, CA 92022-1720 DOC# 2020-0843275 1 II II IIII II il1111I III 1111! IIIII IIN11N1 IIII IIIII INII IIII IIII Dec 29, 2020 04:55 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES: 1 NOTICE OF ABATEMENT 1.0 THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 9/29/2020, and WHEREAS representatives of the National City Fire Department abated the vioiation(s) on 10/8/2020. and WHEREAS the charge for such abatement amounted to $3,252.00; THEREFORE be it known that an abatement ohligation exists on the property regardless of owner until paid. The current owner of the wormy is Brown Clara M at 10037 Dunbar Ln, El Cajon, CA 92021 described as follows: \l'N 558 220 35 00 ADDRESS: 3040 E 16th St I I:( ; !L DESCRIPTION: Lot 220 Tr 1748 this abatement ohligation shall attach to the property, not the owner, and may not be extinguished by a tax sale under the California It .<<:iiue and taxation Code Section 3712. After confirmation by the City Council shall become a special assessment on the property tax bill. If not rirsuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall be plus i:?i rc.t and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions :. Ia,ircd or determined to be appropriate, reasonable legal fees will be incurred and added to saidobligation. I 1 i 1 I): Nmcmber 25, 2020 BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement P notary public or other officer completing this certificate verifies only the identity of the individual who signed the document, to which this certificate is ('alitbrnia atta);hed, and not the truthfulness, accuracy, or validity of that document. rocarnw of 7YEttrtriugu - t m November 25, 2020 before me, R Thrasher, Notaa Public, personally appeared Ken Osborn. who proved to me on the basis of satisfactory e‘ idicnce 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; ltis 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 acted, executed the instrument. ! ;:,••-ai:v under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. \1'I'1' '1,SS m han and official seal. , � £ NOTARYCaurnORM -No� '5 8MOO O COUNTY taotwtwimtz Apit24,2 4 (Seal) 174 420 of 731 SUMMARY REPORT FOR APN 558-320-22-00 10/16/20 Initial inspection was made, property was found to be in violation. 10/20/20 Mailed 30 day courtesy notice to the owner. 11/23/20 Re -inspection was made, property was found to be in violation. 11/23/20 Posted property. 11/23/20 Mailed 10 day final notice to the owner, certified mail. 12/04/20 Final inspection was made, property was found to be in violation. 12/04/20 Verified ownership information with County of San Diego. 12/07/20 Work order authorization signed by District Official. 12/30/20 F.P.S.I. crews abated the property. 01/08/21 The owner was mailed a bill at the contracted rates. 02/09/21 The owner was mailed a final bill. 03/10/21 A Notice of Abatement was filed on the property. 05/21/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 175 421 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Casillas Jose D / Estella V Address: 1 626G Sweetwater Rd # 161 National City, CA 91950 Parcel Number: 558 320 22 00 Date: 10/20/2020 Location of Public Nuisance: 2112 Rachael Arc Instructions for Abatement: Please clear the entire properly of all weeds dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris must be removed from the pronern. (Please maintain any and all i:rasses below 3 inches year round)(This ,includes aloha sidewalks and alleys) You arc hereby directed to ahate the public nuisance described above. of which you arc the occupant or owuter, within thirty (311) days of i0IRl1/_021L "Your failure to comply' with this order will result in the City having your properly cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1161 A. $350 On administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97) Violations are also suhiect In proseeutii ii as misdemeanors: Guidelines For The Abatement of Flammable egetatioq For the protection of lie and property. remove all brush. flammable vegetation. or combustible growth which is located from thirty (30) feet to one hundred (100) feet limn such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department. including the maintenance of grass and other vegetation more than thirty (30) front such building or structure. Cuttings are to he removed from the property and disposed of properly. Vegetation is to he cut within two (21 inches of the ground. "NOTICE REGARDING RARE, THKE.ATF.NEU OR ENDANGERED SI'F:CIES" If you have prey musty received a notice from the California Department of Fish and Game or the ti S Fish and Wildlife Services that rare. threatened or endangered species of lish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MU\T NOTIFY BOTH AGENCIES AND THE NATIONAL CITY FIRI DFPARTMFN f IN WRITING AT LEAST"TEN t 1(1) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJECT OR NOTII-1 YOU or ANY AL TERNATIVF PROCEDURES Wfl'I-RN THOSE TEN (10) DAYS. YOU MAY TIIEN PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National City \lunicinal (:ode 9.12.01(1 Public Nuisance Declared —In General Any of the Iitllowing conditions are hereby declared to constitute a public nuisance. :1. when the Fire Chiclfor his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of ruhht.h, or unnecessary accumulations of wastepaper. boxes. shavings. or any highly flammable materials which are so situated as to endanger fifc or property. or liuds obstructions to or on fire escapes, stairs, passageways. doors or windows That reasonably tend to interfere w ith the operations of the fire department or the egress of the occupants of such building of premises: or finds that the elleclivcness of any exit door. attic separation or any lire separation wall is reduced, or finds that any provision of the llnilonn Fire Code is hying violated- B. when the f ire Chief or hus!hcr designee deems any chimney. smokestack. stove, oven. incinerator. furnace or other heating device. electric fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specitically mentioned in the I Intlorin Fire (.'ode. to he defective of unsafe so as to create a hazard. C. When the Fire Chief or his'her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of lire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in presenting. suppressing or extinguishing lire or any thing or act which may obstruct. delay. hinder or interfere with the operations (lithe fire department or the egress of occupants in the event of lire National Ow AlunicipaI (ode 9.12.11211 Public Nuisance Declared —Weeds and Other Flammable \latcrials All weeds, growing or located upon streets. sidewalks or pits ale property are hereby declared to he a public nuisance For the purposes of this chapter, "weeds' shall include the following: A Weeds which hear seeds of a downy mr wirt gy nature B. Sagehrush. chaparral. and any other brush or weeds which attain such large growth as to become. when dry, a lire menace to adjacent unproved property Weeds which are otheni ise noxious or dangerous D. Poison oak and poison ivy % hen the conditions of growth are such as to constitute a menace the the politic health F. Dry grass, stubble. brush. litter. or other flammable material which endangers the public safety by creating a lire hazard in a portion ufthe City vthich has heen zoned for single and multiple residence purposes National City Aunicipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to he a public nuisance in any section or this code. and/or said condition caused. maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of free use of property in a neighborhood. community or to any considerable number of persons A public nuisance also has the same meaning as set Iiirih in California C'ic i1 Code Section 3479 National City Municipal Code 1.36.060 Abatement— Appeal— Hearing Within ten (10) days from the date of posting, mailing or personal sen ice of the required noucc. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall he in writing turd shall he filed with the City Clerk 11' you should Inise any questions. please feel free to call Ittis number: 1-866-779-3774 Si usted tiencalguna prekunla. par favor (lame al numcro: I-866-779-3774 Sa anumaiig katanungan. ttrmawag tang po sa numcrong ito: 1-866-779-3774 Sincerely yours in puhli. safety. **You have the right to appeal gs matter to the City Council within ten (10) days of the receipt of thi 1-866-779-3774 est. 3117 or hop://fureprevcntion.net Thcappeal shall he in writing and filed with the Ciry Clerk. (NC'M(' 1.36.O50) •••Fir,, Prevention Service.; Inc is tinder contrail with the City of National C'iR. 422 of 731 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CIE ABED THIS PROPERTY 51 NCE THIS NOTICE? DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? Yes CALL RRE PREVENTION 1-866-779-3774 http://firepreeention.net CALL RRE PREVENTION FOR RE-INSPEQION. 1-866-779-3774 http: //Ti reprevention. net PROPERTY OWNERSARE RESPONSIBLE F OR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASK. HAVE YOU THOROUGHLY IF YOU 00 NOT UNDERSTAND READ THE ABATEMENT Yes INSTRUCTIONS CALL FIRE PREVENTION. INSTRUCTIONS 1-866-779-3774 http://firepreventbon.net A WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No IF NOT ABATED WITHIN TIME SPECIIED TIE OWNER WILL BE CHARGED A$350.00 ADMINISTRATIVE FEE. PWS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes c CALL RRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 Int p://firep revent bn. net CALL RRE PREVENTION FOR ARRANGEMENTS. 1-666-779-3774 http://fireprevention. net IF ARRANGEMENTS ARE MADE EMU T CRY ABATING HAZARD, THE ADMNISTRATWE; FEE MAY BE WNVED. 333 E. 16th Street : National City, CA : 91950-4596 177 423 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet B. per parcel, sized 7,501 to 15,000 square feet C. per parcel, sized 15,001 square feet to 30,000 square feet D. per parcel, sized 30,001 square feet to one acre E. Per square foot over one acre 2. 3. Hand Labor A. per square foot of area abated Dozer Operation A. hourly rate B. move -on fee 4. Debris Remediation (includes chipping, grinding, and/or shredding) per cubic yard of material prior to chipping, and or compacting $ 38.00 dump fees (reimbursement of cost) A. B. $250.00 $325.00 $400.00 $450.00 $ 00.02 $ 00.10 $150.00 $150.00 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel 8. Miscellaneous Fees A. special inspection fee B. abatement lien C. Interest on lien (apr) D release of abatement lien E. public notary F. File duplication fee G. Unscheduled Labor per man hour H. unscheduled fees $350.00 $200.00 $275.00 $ 50.00 $ 50.00 10% $ 50.00 $ 20.00 $ 50.00 $ 50.00 (reimbursement of cost) 178 424 of 731 -a .4'. 41 1", A • nspection 430 of 731 �1J _ fet--7 e • _ — CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE (h ncr: Casillas Jose D / Estella V Addre,,: 1626G Sweetwater Rd # 161 National City. CA 91950 Parcel Number: 558 320 22 00 Date: 11/23/2020 Location of Public Nuisance: 2112 Rachael Ave Instructions for Abatement: Please clear (he entire property of all weeds. dead ►egetation, trash. debris and artindo. All Mites of dead vegetation and debris must be removed front the propertv1Please maintain any and all grasses below 3 inches near round)(This includes along sidewalks and alleys) lot! are hereby directed to abate the puhlic nuisance described above, of which you are the occupant or owner, within ten (III) days Of 1 1/23/2021) **Your failure to comply with This order will result in you being charged the administrative Ice and the City having your property cleaned by the City's contractor at ►our expense (per National City Municipal Code Chapter 1?6). A $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution number 94-97) Violations are also subject to prosecution as misdemeanors. Guidelines For The Abatement of flammable Vegetation For the protection (if life and property. remove all brush. flammable vegetation. or combustible growth which is located from thirty (30) feet to one hundred (100) Iect from such a building or structure or to the property Zinc, whichever is nearer. or as required by the Fire Department. including the maintenance of grass and other vegetation more than thirty (3u1 horn such building or structure. ( uttings are to he removed from the property and disposed of properly Vegetation is to he cut within two (2) inches of the ground. "NOII( F: REGARDING RARES TIIRI: CTI:NEI) OR ENDANGERED SPF:CIFIS" If you have previously received a notice from the Calilumra Department of Fish and Game or the U.S Fish and Wildlife Services that rare. threatened or endangered species of fish or wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY 13OT1I ACiENCIES AND 'rIIL NATIONAL C'rrY FIRI? IMPARTMENT IN WRITING AT LEAST TEN 1101 DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AGENCIES FAIL TO OBJEC1 OR Nfirlf 1 YOt1 OF ANY ALTERNATIVE PR(XF.DURE_S wrmm-IIN THOSE 'TEN (10) DAYS. YOU MAY TDIEN PROCEED TO CLEAR VEGETATION AS DIRECTED 131' 1 HIS Nt)ICF. Failure to provide notification to these agencies may render you liable under Federal or Stale Law to penalties. National City yunicipal Code 9.12.1110 Public M1uisancc Declared —in General Any of the following conditions are hereby declared to consulate a puhlic nuisance: A. When the Fire Chief' or his/her desienee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of rubbish: or unnecessary accumulations of wastepaper, boxes, shavings. or any highly flammable materials which are so situated as to endanger life or property. or finds obstructions to or on fire escapes, stairs, passageways, doors or windows that reasonably tend to interfere with the operations of the lire department or the egress of the occupants of such budding of premises; or finds that the effectiveness of any exit door. attic separation or any lire separation wall is reduced. or lindh that any provision of the (Indium fire Code is being violated. 13. When the Fire Chief or his/her designee deems any chimney. smokestack, stove. oven. incinerator. furnace or other heating device. electric tixlute or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the 1 in loon Fire Codc. to he defective or unsafe so as to create a hazard C', When the Fire Chief or his/her designee finds any condition which in his/her. judgment increases or may cause an increase of the hazard or menace of fire to a greater degree that customarily recognized as normal by persons in the puhlic service regularly engaged in preventing. suppressing or extinguishing lire or any thing or act which mas obstruct, delay. hinder or interfere with the operations atilt: tire department or the egress of occupants in the event afire. National ( its Municipal Code 9.12.1(211 Public Nuisance Declared—W eeds and Other Flammable Materials All weeds. growing or located upon streets. sidewalks or private propertyare hereby declared to he a public nuisance For the purposes of this chapter "weeds" shall include the following A. Weeds which hear seeds of a downy or wtngy nature Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a lire menace to adjacent improved property C. Weeds which are otherwise noxious or dangerous. D Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the puhlic health. E. Dry grass, stubble. brush. litter, or other flammable material which endangers the puhlic safety by creating a lire hazard in a portion of the City which has been zoned for single and multiple residence purposes. National ('its Municipal Code 1.36.010 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a puhlic nuisance in any section of this code, and/or and condition caused, maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property in a neighborhood. community ar to any considerable number of parsons. A puhlic nuisance also has the same meaning as set forth in California Civil Codc Section 3479. National City Municipal Codc 1.36,060 abatement—.%pncal— Ilearinc Within ten (Ill) days front the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises affected may appeal to the City (.ouncil. Such appeal shall he in wrung and shall he filed with the City Clerk If you should have au) questions, please feel free 10 call this number: 1-866-779-3774 Si usted tiencalguna pregunta. pnr fat or Ilante al nun1ero: 1-866-779-3774 Sa anumang kalanungan. Ionia oag lung pit sa numcrong ito: 1-866-779-3774 Sincerely yours in puhlic safety. *'You have the right to appeal this matter to the City Council within ten (10) days of the receipt of 1Iii notice I-866-779-3774 ext. 3117 or htlp://tireprc.ention.net The appeal shall he in writing and filed with the City Clerk. (NCMC 1.36.0501 ***Fire Preventit1nervices, Inc. is under contract with the City ol'National City. Fire Prevention Services**' 434 of 731 w .e.g',,.11V) 0,4. • ' - Mb 1 2/04 A• r • 4..10 cc. ' s 1.1 •-• •.• • , 17.7?--`1.1 A t.1 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 7333 Owner: Casillas Jose D / Estella V Address: 1626G Sweetwater Rd # 161 National City, CA 91950 Parcel #558 320 22 00 Job location:2112 Rachael Ave Authorized by: Signature: Date: / 'Z- 7- zazo WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds dead vegetation, trash,, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round)fThis includes along sidewalks and alleys) 198 444 of 731 06 558-32 0 h SAN DIEGO COUNTY ASSESSOR'S MAP BOOK 558 PAGE 32 VAN NESS 20Th ZB/ � ) �9� a7 37 vole 1L o% .... ZZo 5 291.65 POR 350 351 V fi54 is 1.4f / Q 35i0 3 4D 356Z 91 ST z,a 10 384 41 itir 3112 -. >7-*5232:."2"., 8zo I P. u P 8a 13 3 PM 8553 nes r7 _.I k , PM17821 6-6/ 1 1 a O 357 NZ I,z 358 10 X 37' T,a _ ...,-ter 222 / 16 359 291 64 1470 52.00.E THIS IMP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY NO LIABILITY IS ASSU6 3) TOR TIE ACCURACY OF THE DATA SHOWN ASSESSORS PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUIDINO ORDINANCES 01 Vit 4,0 (17 ) ,.a. PAR 22 45 95569 r.•'rr— V#6- we.08 PM 8553 0 )Z72X1 09 PAIR 1 z 7821 21 if „.220 2 - 4LeEM4A1E S7 C aERIAro ST ® t' =100, 8/1'2007 A:T•' CHA * S ' CUT BILK OLD 320 33 I'NEW 35 S•, 71 "413 7 ' 20 '7g 4846 , 20 .37/f. 76 276¢ z8 3914478 3121 3944o f wio J79 347E 2SOfo 4/ B 3333 • L7 4t44 90 (355 14 ,Mit 91 4441 /9 ; a 8 .46/7 19 44545 97 1877 16 side 04 719 1 46847 08 1533 7 48-51 08 1550 MAP 1748 — LINCOLN ACRES ANNEX NO 2 CA1.0 CANT 199 445 of 731 Hand Sq. Ft Us0 Dump ticket: Work space for diagrams end amount of work done Tractor 5q, Ft„ Dump Charge: Total Removal Cu, Yds.: 446 of 731 447 of 731 12/30/20 Before " 440of731 ,~ Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 Itttp://fireprevention.net 1/8/2021 Casillas Jose D / Estella V 1626G Sweetwater Rd # 161 National City, CA 91950 Parcel # 558 320 22 00 Location: 2112 Rachael Ave Dear Casillas Jose D / Estella V, This letter is to inform you that the Public Nuisance on the above referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City. Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1,910.00. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this bill may result in the tiling of an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel # 558 320 22 00 on the check. Ifyou have any questions please call us direct at (619) 562-1058. Sincerely. Fire Prevention Services, Inc. rev.0 S/ 19/06 205 451 of 731 NATIONAL CITY SCHEDULE OF FEES •l_ractor Mowing duantith suh total A. per parcel. sized 1 to 7,500 square feet S250.00 13. per parcel. sized 7,501 to 15.000 square feet $325.00 C. per parcel. sized 15.001 square feet to 30.000 square feet $400.00 D. per parcel. sized 30.001 square feet to one acre $450.00 E. per square foot over one acre $00.02 sq. ti. Hand Labor 1, A. per square loot of area abated $0. l 0 15.600 sq. Ft. 1.560.0 Op% Dozer Operation A. hourly rate 4 $1 50.00 B. mope on fee $150.00 411.11.1 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 X cu.\ds B. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 $350.00 Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee, per parcel $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 B. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.00 E. public notary $20.00 F. tile duplication fee $50.00 G. unscheduled Labor per man hour $50.00 11. unscheduled fees (reimbursement of cost) FILE # 7333 APN # 558 320 22 TOTAL S 1,910.00 206 452 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 littp://fireprevention.net Final Bill 2/9/2021 Casillas .lose D / Estella V 1626G Sweetwater Rd 4161 National City. CA 91950 Ref: Parcel # 558 320 22 00 Dear Casillas Jose D / Estella V_ COPY This is a reminder of the letter we sent you on 1/8/2021 and we have not received payment in the amount of $1.910.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law, costs for such action will he added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Seryic es, lnc., and include the Parcel # 558 320 22 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-1058. Sincerely, Fire Prevention Services. Inc. rep .05 19/06 207 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 DOC# 2021-0229236 I IIIII11IIIIIIIMIIIII11111IIIII1111IIQIIIIIIIIIIIIIIIIIIIII Mar 24, 2021 02:36 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES $0.00 (SB2 Atkins: $0.00) PAGES: 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WFIEREAS such violation was ordered ahated on 12/7/2020, and WHEREAS representatives of the National City Fire Department ahated the violation(s) on 12/30/2020. and WHEREAS the charge for such abatement amounted to $1,980.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Casillas Jose D / Estella V at 1626G Sweetwater Rd # 161, National City, CA 91950 described as follows: APN # 558 320 22 00 ADDRESS: 2112 Rachael Ave LEGAL DESCRIPTION: Lot 384 Fr 1748 This abatement obligation shall attach to the property, not the owner, and may not be extinguished by a tax sale under the California Revenue and Taxation Code Section 3712. After confirmation by the City Council shall become a special assessment on the property tax bill. If not paid pursuant to State Law and State Tax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall he plus interest and other costs which may hereafter become due. This filing does not preclude the tiling of legal action for collection. Should such actions be required or determined to be appropriate, reasonable legal fees will be incurred and added to said obligation. DATED: March 10, 2021 BY: Ken Osborn, Fire Prevention Services, Inc.. Designee for National City Fire Department Certificate Of Acknowledgement I 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 March 10. 2021 before me. R Thrasher. Notary Public. personally appeared Ken Osborn, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s). or the entity upon behalf of which the person(s) acted. executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI .SS rly h / vA d and officia, cal. R. THRASHER I Conrnission No. 2332281 NOTARY PUBLIC - CAUFORNIA BAN DIEGO COUNTY f10Nt_uNim EonAupst 24, 2024 (Seal) 208 454 of 731 SUMMARY REPORT FOR APN 558-320-43-00 10/30/20 Initial inspection was made, property was found to be in violation. 11/12/20 Mailed 30 day courtesy notice to the owner. 12/14/20 Re -inspection was made, property was found to be in violation. 12/14/20 Posted property. 12/14/20 Mailed 10 day final notice to the owner, certified mail. 01/04/21 Final inspection was made, property was found to be in violation. 02/09/21 Certified notice returned "unclaimed". 01/05/21 Verified ownership information with County of San Diego. 01/06/21 Work order authorization signed by District Official. 02/02/21 F.P.S.I. crews abated the property. 02/03/21 The owner was mailed a bill at the contracted rates. 03/02/21 The owner was mailed a final bill. 03/17/21 A Notice of Abatement was filed on the property. 06/01/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 209 455 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Duran Alejandro M Revocable 2016 Truss Address: 804 24th St Date: 11/12/2020 San Diego, CA 92154 Parcel Number: 558 320 43 00 Location of Public Nuisance: iilarbison Ave Instructions fur Abatement: pease clear the entire Property of all ►deeds, dead vegetation, trash. debris and arundo. All piles of dead vegetation and debris must he removed from the propert (F lease maintain anv and all grasses below 3 inches year roundj(This includes along sidewalks and allevsj( Please remove "anv and all" combustible materials, discarded furniture and ap )lit ances trash piles of debris from entire propert\., You are hereby directed to abate the puhhe nuisance described above, of ++hick you arc the occupant or oner. o Rhin thirty 1301 days of 1 II I2/2020 **Your failure to colnpk with Iles order dull result tit the Clty had ing your properly cleaned by the C uy's contractor at y our expense (per National City Rlunicipal Code ( hapter I In) A $350 00 administrative tee %%ill he charged in addition to the contractor's lees to clean the property (per Resolution number (Zd-97) Violations are also subject 11. prosecution as misdemeanors. (.uidelines For The %basemen' of Flammable 1 egetatinn For the protection of Ole and pi open), renmvc all brush. flammable %egetanon. or combustible growth ++Inch is located from thin} (311) feet to one hundred t 100I wet from such a huilduii or structure or to the property inc.Iwhichever is nearer. or as required by the Fire Department. including the maintenance of grass and other vegetation IIIUIC than thirty 1301 Irons such building or structure. Cuttings arc to he removed from the property and disposed/ of properly Vegetation is to he eul s ilhin hit+ (21 Inehe> nil the ground "\O 11(F: REGARDING 11.:11i1•:, I IIItEA7I•:NI•.D OR END.%NGERED SPE( 11:S" II•you have prcutiusly received a notice from the California Department of Fish and Game or the l I.S Fish and Wildlife See ices that rare. threatened or endangered species if fish or ++rldhlc have occurred on }our property in the areas identified lift fuel break clearance. YOU MUS I NOTIFY BO1 (1 AGENCIES AND 1111 NAI ION,\i CI I \ I IRI DI -PAR I MFNT IN 'A RI fIN(r Al I FAST FI.N (Ili) DAYS PRIOR ro BEGINNING VEGEIATION CLEARING IF !ESE AGENCIES F \II 10014.I1C1 t)R tie 1111 \ YOl I OF ANY \t IF RNA I IVF PRC)Cl OI'RFS \\ 11 I IN 11 R)SE i1 N (I (1) DAYS. YOU MAY 1 FIEN PRO( EEO TO CI.L.AR VEGF1 :\ I ION AS DIRI C VI D nY I I ITS NO I It. 1 Failure to prof ale notification to these agencies eta} render you liable under Federal or State I aw to penalties National City %Innicinal Code 9.12.010 Public \uisance Declared --tit General Any of the follow ing conditions are hereto declared to constitute a public nuisance A. When the Fire Chic) or his/her designee determines that there exists in Any building or (Milli!, premises Cunibtistihle, haiardous or explosne ntatenak or dangerous accumulations of rubbish. or unnecessary accumulations of ‘wastepaper. boxes. shavings, or any, highly Ilanunuhle materials which are so situated as to endanger life or property or linds obstructions tti or on lire escapes, stairs. passageways. doors or windows that reasonably tend to interfere with the operations of the lire deparimeni or the egress m1 the occupants of such build mg of premises. or finds that the etlectrtchess of any exit door, attic separation or any lire separation ++all is reduced. or finds that any pros tsion tit the 11111lornt Fire Code is being violated B. When the Fire C hrcl'or his/her designee deems any chimney. smokestack. stole. oven. incinerator, furnace or other heating device. electric I Nture or any appurtenance thereto. or anything regulated under a nationally recognized standaid in or upon arty building. structure or premises not specdically mentioned in the I mlimn Fire Code. to he defect we or unsafe so as to create a hazard C. \. hen the fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase of the hazard or menace of lire 10 a greater degree that customarily recognized as non.nal by persons in the public service regularly engaged in preventing. suppressing or extinguishing lire or any thing or act which nmaw obstruct. delay. hinder or interfere with the operations ul'the lire department or the egress of occupants in the cserit of lire ♦atiunal City Municipal ( ode 9.12.1120 Public Nuisance Declared—%ecds and Other Flammable Materials All weeds. growing or Incased upon streets. sidewalks or pew ate propert are hereh} declared to he a public nuisance For the purposes of this chapter. "weeds" shall include the following. A Weeds which hear seeds of,' doom or w uig% mason 13 Sagebrush. chaparral. and any other brush or weeds which attain such large growth as to become, it hen dn..t lire menace to adjacent improved property Weeds ++Inch are othemisc noxious or dangerous. f) Poison oak and poison its when the condo rims of growth are such as to constitute a nten:uc the the public health f)ry grass stubble brush Inter, or other tlammmah)c material witch endangers the public saleq b} creating a tiro hazard in a portion of the City which has been coned lirr single and multiple residence purposes National City wlunieinitl ( ode 1.36.010 Public Nuisance Deftncd "Puhlic Nuisance" means any condition defined or declared to he a puhlic nuisance in any section o1 This code. and/or and condition caused. maintained or permitted to exist which constitutes a Threat to she, public's health. safety and welfare or which significantly obstructs, injures or interferes with the reasonable of lice rise of proper in ,1 nctghhorhood community or to any considerable number of persons A public nuisance also has the sanie meaning as set forth in California C n d Code Section 3.179 National Cils Slunicinal Code 1.36.060 Abatement— 1opeal— 'Waring Ve'ilhin ten (10) days front the date of posting. mailing or personal ser% ice of the required nonce. the owner or person occupying. or controlling such lot or premises affected muy appeal to the Cit) Council Such appeal shall he in %+riling and shall he filed with the City Clerk II' you should hate any questions. please feel free in call this number: I-861;-779-3774 Si usied tienealguna pre unta. poi fasor flame al nu inert,: I-866-779-3774 Sit annulling katanungan. morals rig king pm sit nuntcrung itu: 1-866-719-3174 Sincerely' yours in public salcty. **You have the nil to appe20 al this matter to the City Council within ten t 101 days of the receipt of tht 456 of 731 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR No-0 ABATEMENT? Yes HAVE YOU MADE ARRANGEMEN TS TO ABATE THE PROPERTY? No Ye PROPERTY OWNERS ARE RESPONSIBLE FOR MAINrAINI NG MASARD ABATEMENT ON A YEAR ROUND BASIS. CALL RRE PREVENTION 1-866-779-3774 htt p://fl rep reventic; n.net +(CALL RRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net, HAVE YOU THOROUGHLY IF YOU DO NOT UNDERSTAND READ THE ABATEMENT Yes INSTRUCTIONS CALL FIRE PREVENTION, INSTRUCTIONS 1-866-779-3774 http://flrepreventIon.net No WOULD YOU UKETHE CITY TO ABATE THE HAZARD FOR YOU? IF NOT ABATED WITHIN SPECFIED THE OWNER WILL BE CHARGED A$350.00 ADMNISTRATIVE FEE. PLUS FIRE PREVENTION WLL ABATE. THE OWNER Will BE BILLED FOR ALL COSTS Ye Cht CALL RRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 tp://fireprevaEtion.ret , CALL RRE PREVENTION FOR Yes ARRANGEMENTS. 1.866-779-3774 http://fireprefention.net IF ARRANGEMENTS ARE MADE ESIQB T CRY ABATING HAZARD, THE ADMNISTRATIVE FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 211 457 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) 212 458 of 731 459 of 731 12/14/20 Re -Inspection' 47, 460 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 9195(1-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Duran Alejandro M Revocable 2016 1 rust Address: 804 2 ith St Date: 12/14/2020 San Diego. ('A 92154 Parcel Number: 558 320 43 00 rfIZA (- ' Location of Public Nuisance: 1-larbison Ave Instructions for Abatement: Please clear the entire )Lropert% of all weeds. dead %eeetation, trash. debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain anN and all Grasses below 3 inches year round)(This includes along sidewalks and allevsI( Please remove "any and all" combustible materials. discarded furniture and appliances, trash, piles of debris from entire property.) oil are hush% directed to abate the puhhc nuisance described above. of which you are the occupant or o`vner within ten (ID) days of 12/14/21120 •• 1 our failure to comply with this order w11 result In you being charged the administnuive lee and the City hat mg %our property cleaned by the Co's contractor al v our expense (per Nat tonal City Municipal ( ode ( haptei I..3tv). r1 $350.00 admuustratty e tee will he charged in addition to the contractor's Ices to clean the property (per Resoliiti"Il number 94-97), Violations are also suhfeet to prosecution as misdemeanors Guidelines For The .\batcmenl of Flammable A'elletation For the protection of life and property. remove all brush. flammable vegetation, or combustible growth %\Itch us located Irons thin) 13U) ICet to one hundred t II)n) feet Inns such a building or structine or to the pioperty line. whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other %egetation Inoue thau thirty (30) front such buildng of structure Cuttings are to he removed from the properyy and disposed of properly Vegetation is to he cut within two (2) inches of the ground "Nod I( E REGARDING RAKE. 'HIRE %TENF:11 OK ENDANGERED SPECIES" If you have previously eceived a nonce from the C altfomia Department of Fish and Game or the U.S. Fish and Wildlife Services that rare. threatened or endangered specirs of lisp or wildlife have occurred on your property in the areas identified for fuel break clearance, YOU MUST NOTIFI BOTH A(iE.NCII S AND FFIF NAFIONA(1 111 I•IRI. l)l I'ARI MFNT IN WRffIN(i Al I LAST TEN (10) DA1'S PRIOR TO BEGINNING VEGETATION CLEARING. IT TIIESI- AGLNCI I,S FAlt. '10 Oli.li l I ( )1; Ni)'l111 1OlOi' ANY .Al IT RNA11VI PRO( LI)UR! S WITHIN !HOSE fEN 110) DAYS. YOU MAY TIIEN PROCFI•.D1()CLEAR VI ((I 1AIION •1S 1)IRI C 111) 10 I III S N( 1111 I I atlu'r: to pro toe imbrication to these agencies may render you liable under Federal or State Lass to penalties National ('if) Alunicipal (ode 9.12.11111 Public Nuisance Declared —In General An) of the following conditions are hereby declared to constitute a public nuisance A. When the Fire Chiefor his/her designee determines that there exists in any building or on any premises combustible. hazardous or cxplosiv e materials 01 dangerous accumulations of rubbish, or unnecessary accumulations of wastepaper. boxes. shavings. or any highly !laminable materials %Inch are so situated as to endanger lice or property, (ir linds ohsiiactions to or on lire escapes. stairs. passageways. doors or windows that reasonably tend to interfere with the operations of the tire department or the egress of the occupants of such budding of premises. or finds Mai the effectiveness of any exit door. attic separation or any lire separation wall is reduced. or finds that any provision of the Uniform Fire 1'ode is being violated B. When the fire Chieff or his/her designee deems any chimney. smokestack- stove, oven, incinerator. furnace or other heating de% ice. electric Fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon an) building. structure or premises not specifically mentioned in the 1 milorin Fire Code. to he delecli%c or unsafe so as to create a hazard. C When the Fire Chien or his/her designee linos any condition which in his/her Judgment increases or may cause an increase of the hazard or menace of lire to a greater dcgtee Mat customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing fire or am thin_ or .iet which may obstruct. delay, hinder or interfere with the operations of the tire department or the egress of occupants in the event of lire National Cif) Municipal Code 9.12.020 Public Nuisancelleclared—Wccds and Other Flammable Nlateriols All weeds. grow mg or located upon streets, sidewalks or private property are hereby declared to he a public nuisance For the purposes of this chapter. "weeds" shall include the following A. Weeds which hear seeds of a dov%nv or ) ingv nature li Sagebrush, chaparral, and an) other brush or weeds which attain such large growth as to become w hen dn.. a fire menace to adjacent improved) properly C Weeds which are oden%Ise noxious or dangerous. 1) Poison oak and poison i'% %%hell the conditions of growth are such as to constitute a menace the the public health C Dry grass, stubble. brush. titter or other flammable material which endangers the public safety by creating a lire hazard in a portion (lithe C'u% which has heen zoned for single and multiple residence purposes National City Municipal Code 1.36.11111 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to he a public nuisance in any section of this code. and/or and condition caused maintained or permitted to exist which constitutes a threat to the puhlic's health, safety and welfare or which significantly obstructs, injures or interferes with the reasonable of Tree use of property in a ncighhothood. (.onnuunit) ua to any considerable number of persons. A public nuisance also has the sane meaning as set forth m Calili,rnia Co II Code Sequin 3479 Natii,I(rd ('ill Municipal ( ode 1.36.1)6(1 Aibatement--:\ppeal— I'earl nil Within ten 1101 days from the date of posting. mailing or personal service of the required notice, the owner or person occupying or controlling such lot or premises allectcd may appeal to the City Council Such appeal shall be in writing and shall he filed with the City Clerk. If you should have any questions. please feel free 1u call this number: I-866-779-31'4 Si fisted tieneaIgunn preguuta, por incur (lame al nunlero: I-866-779-3774 Sa anunlana kalanungau, tunawag lang pii sa nunlerung Ito: I-866-779-3774 Snicciel' yours in public sarets. "You have the right to appeal this matter to the Coy Council within ten 1 11)1 days of the receipt of the notice I.116(i-779-3774 ext. 3117 or hit p:NI ircprevcntion.net The appeal shall ifhe in wrnins and tiled with the C'av Clerk INCH( 1.36 U501 ***Fire I'reveill loin tiers ices. inc is under contract with the OP of National Cuv 462 of 731 r•-•. •••k- 215 9569 U.S. Postal Service"' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our website at wvrw.os•s.com'. san e D, &A19 41 A L Cgrtiried Mall Fee $ 3 . 55 s t2 9c; ra ervtces & -ees Wreck do><. add Sree 'rsl MI Return Receipt SPY) 3 ��: p DHolum Recelpt(electronlc) 3 $0.00 ❑ Certified Mall Restricted delivery $ _ Z_ co DAdutt Signature Required S ,e, 0 Adult SignetSignetve Reelected Dellvery 3 7019 2970 riy teie; $fJ .55 $6,95 558 320 43 00 Duran Alejandro M Revocable 2016 Tr 7 804 24th St 219 San Diego CA v.:.1►u2it DEC t'4` 1020 12/14/2020 NC 465 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 7350 Owner: Duran Alejandro M Revocable 2016 Trust Address: 804 24th St San Diego, CA 92154 Parcel #558 320 43 00 Job location:Harbison Ave Authorized by: Signature: Date: /'6 - Z f WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: Tractor Mowing: sq. ft. Discing: cu. yds. sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire ip_ppe_y of all weeds, dead vegetation, trash, debris and arundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round(This includes along sidewalks and alleysi ( Please remove "any and all" combustible materials discarded furniture and appliances. trash. piles of debris from entire property.) 220 466 of 731 06 558-32 0 N 17 10 SAN DIEGO COUNTY ASSESSOR'S MAP 800K 558 PAGE 32 uJ VAN NES 20L +-a 0t00 PM202281aw >E PAR 1 PAR 2 6 _0228 Inx zm/y17=, 2-45 `.o POR 350 351 34, 353 (E7 11- 354 .1 Z128I 351403 z3S ® 357 358 291.68 2y4 3 16 291.¢4 N70 52 00•E 359 THIS ANP WAS PREPARED FOR ASSESSLENT PURPOSES ONLY. NO I ARA ITY IS ASSUMEDFOR TI C ACCURACY OF 111E DATA SHOWN ASSESSOR'S PARCEL S VAT NOT COMPI Y WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES 8 20 I • 2� PM17821 '036/ o P 36F; VI I45 )010 k. 64 N ID CC 0 •0 w 20 i.o 0 37. 5T ,3/io 42 w v4L 387 31t4 386 r IpOt: lirpt logo V44 2014 -to 110 -t uvie o /I * 2 38 PM PSSI $ S 1.72-73 384 3113 1.1 V►4'.6-. © n. ao's. 3PF[!•i.�A 9 1Cf. so 37 PM 6553 e ,0111,541 ZZLI 14 i, rue PM17821 Zripi dIrl- ». ZZo 1 418EMARLE. ST CuiweERL Ate Sr 8/1/2007 AJrt CHA 4 S BLK OLD NEW 1114. • CUT 302 33 3_4 it 7f 137 20 r,, 1, 78 48a8 I ?O 371:10' 7B 2764 28 3391h 7,9 3121 39440 w10 79 3478 1 2543a, I{ 4/ /9 3333 Z7 4LC4 90 1155 14 r 91 4/41 rQ Y, NlA •4617 19 44.&45 97 1877 16 rSit 04 719 1 46&47 08 1533 7 48-51 08 1550 MAP 1748 - LINCOLN ACRES ANNEX NO 2 ANC ,ANC 221 467 of 731 Hand Sq, ft.: 3;4 Dump ticket: jawict S2X(67 319S 1-1 5tt Work space for diagrams and amount of work done Tractor Sq. Ft_ Total Removal cu. Yds.: Dump Charge: 1:1- 2S; q2--- 468 of 731 r, / Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net 2/3/2021 Duran Alejandro M Revocable 2016 Trust 804 24th St San Diego. CA 92154 Parcel kt 558 320 43 00 Location: Harbison Ave Dear Duran Alejandro M Revocable 2016 Trust. This letter is to infirm you that the Public Nuisance on the aho‘c referenced property was abated pursuant to a prior Notice to Abate and order of the City of National City - Fire Prevention Services was contracted by the City of National City to help reduce Public Nuisances mid potential fire violations thus improving the safety of its citizens. The abatement work on your property was performed as mandated by The National City Municipal Code Chapter 1.36. The charges thus far total $1.907.84. You will incur no further costs if this amount is paid within fifteen (15) days of the date of this notice. Failure to pay this hill may result in the filing or an abatement lien upon your property. Please make your check payable to Fire Prevention Services and include the Parcel k 558 320 43 00 on the check. If you have any questions please call us direct at (619) 562-1(158. Sincerely. Fire Prevention Services. Inc. rev.05/ 19)06 228 474 of 731 NATIONAL CITY SCHEDULE OF FEES Tractor Mowine quantity tiuh total A. per parcel. sized 1 to 7.500 square feet S250.00 B. per parcel. sized 7.501 to 15,000 square feet $ 325.00 C. per parcel, sized 15.001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30.001 square feet to one acre S450.00 E. per square foot over one acre S00.02 sy. tt. !land Labor 1. per square foot of area abated Uozer Operation A. hourly rate B. move -on fee $0.1 O $150.00 $150.00 Debris Remediation (includes chipping, grinding. and/or shredding) ,A. per cubic yard of material prior to chipping, and or compacting S38.00 x 13. dump fees (reimbursement of cost) 3,-184 ,q, 11. :-18 !Hi cuJs 918,4 UI) 225.ti-I Administrative Fee (failure to comply by deadline of notice) A. per parcel $350.00 1 $ 35().00 Attorney Services per parcel. per hour Assessment Fees (includes preparing reports, attending hearings. etc.) A. cost confirmation fee, per parcel 2()().(It) S275.00 Miscellaneous Fees Per Parcel A. special inspection fee S50.00 B. abatement lien S50.00 C. Interest on lien (apr) 10% D. release of abatement lien S50.00 E. public notary S20,00 F. file duplication fee S50.00 G. unscheduled Labor per man hour S50.00 1-1. unscheduled fees (reimbursement of cost) FILE # 7350 APN # 558 320 43 TOTAL S 1.907.84 229 475of731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 littp://fireprevention.net Final Bill 3/2/2021 Duran Alejandro M Revocable 2016 Trust 804 24th St San Diego. CA 92154 Ref. Parcel # 558 320 43 00 Dear Duran Alejandro M Revocable 2016 Trust. COPY This is a reminder of the letter we sent you on 2/3/2021 and we have not received payment in the amount of S1.907.84 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include tiling an abatement lien on your property and forwarding this bill to our collection agency. Under state and local law. costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prev entionServices, Inc., and include the Parcel # 558 320 43 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-1058. Sincerely, Fire Prevention Services. Inc. rev.05/ 19r06 230 476 of 731 RECORDING REQUESTED 1311 Fire Prevention Services. Inc. PO Box 1720 El Cajon. CA 92022-1720 (6191 562-1(158 la\ (619)445-6336 AND WHEN RECORDED MAI1, TO Fire Prevent ion Services. Inc. PO Box 1720 FI Cajon. CA 92022-1720 DOC# 2021-0237510 11111111111111111111110111111111111111111111111011111111111111111 Mar 26, 2021 02:12 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES SO 00 (SB2 Atkins. S0 00) PAGES 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY Vd 1 I I -.RE AS it was determined that a v iolation of Chapter 1.36 or the National City illtlniciptd Code did exist. and WI ILRREAS such violation was ordered abated on I/6/2021. and Willi RI:, 1S representatives of the National City Fire Department abated the violation(;) on 2/2/2021, and V'IIEREAS the charge for such abatement amounted to $ 1977.84; '1 1IEI(CFoRL he it known that an abatement obligation exist:, on the propert) regardless of owner until paid The current owner 01 the propem is Duran Alejandro M Revocable 2016 [rust ai 8(14 24ih SI, San i)iean, CA 92134 described as follim s: AI'N 558 ;20 •13 (1) \U1)RI.Sti I larhison Ave 1_l(r11..I)I SCRIP II( iN-11'11OfN'11Ct11rn3M6 Tr 1748 This abatement obligation shrill attach to the pre pcii. not the owner and mavTol he extinguished h) u lax sale under the Califirrni.t Revenue and Taxation Code fit.ection 3712_ After confirmation by the ('it) Council shall hecome a special assessment un the property tax hill. II itu' paid pursuant to State t aw and State Fax Lien Law_ the property ma) he sold to satisfy that obligation. t he amount or such claim shall be plit interest and tidier costs which mac hereafter become due. This tiling does not preclude the tiling orlecal action for collection. Should such action\ he required or delcrromcvl to he appropriate. reasonable Icgal tees will he incurred and added to said obligation. 1)A1Ef): March 17 2021 11Y. Ken Osborn, Fire Prevention Services. inc.. Designee !Or National Cii) Fire Department Certificate OI' Adoiow'ledgement 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 ll attached, and not the truthfulness, accuracy, or validity of that document tiuitb of Caroma Count) orSan Diego Ou March 17. 2021 helore me, 12 Thrasher, Notary Public, personally appeared Ken Osborn, who proved 10 me on the basis of satisfactory eridenc.. to he the person(s) whmc name(s) scare subscribed to the within instrument and acknowledged to me [hat he/she/they executed the same in his/her/their authorized eapacity(iesl. and that by signature(,) on the instrunion! the person( s), or the entity upon behalf or which the rer,nn)s) acted. e\eeiiled the instrument. 1 certify under PENAL 1 Y OI Pt:R11 4R1' -mkt the laws of the State or Calilurnia that the loregoing paragraph is true and correct_ WI rid and official seal. KifigLA a R THRASHER Corrnitsason No. 2332281 NOTARY PUBLIC - CAUFORNIA SAN DIEGO COUNTY Commission Espies August 24, 2024 { Settl 231 477of731 SUMMARY REPORT FOR APN 559-033-03-00 10/06/20 Initial inspection was made, property was found to be in violation. 10/07/20 Mailed 30 day courtesy notice to the owner. 11/09/20 Re -inspection was made, property was found to be in violation. 11/09/20 Posted property. 11/09/20 Mailed 10 day final notice to the owner, certified mail. 11/20/20 Final inspection was made, property was found to be in violation. 11/20/20 Verified ownership information with County of San Diego. 11/29/03 Courtesy notice received return mail `unable to forward'. 12/02/20 Work order authorization signed by District Official for Admin fee. 12/03/20 The owner was mailed an Administrative bill at the contracted rates. 01/04/21 The owner was mailed a final bill. 02/03/21 A Notice of Abatement was filed on the property, 05/21/21 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 232 478 of 731 CITY OF NATIONAL, CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Welding Maria G 1-1 Address: 727 E San Ysidro Blvd #707 San Ysidro. CA 12173 Parcel Number: 559 033 03 00 Date: 10/7/2020 Location of Public Nuisance: Harding AN e Instructions for Abatement: Please clear the entire property of all weeds. dead vegetation. trash., debris and arundo. All piles of dead vegetation and debris must be removed from the kropertv.il lease maintain any. and all grasses below 3 inches Year roundflThis includes alone sidewalks and alley's) You arc hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (311) days o1' 10/7/2020. "Your failure io comply with this order will result in the City hav ing your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36) .\ S350.0u administrative ice will he charged in addition to the contractor's fees to clean the property (per Resolution number G4-97) Violations are also subject to prosecution as misdemeanors, Guidelines For The Abatement of Flammable \ cgctation Far the protection of life and property. remove all brush. flammable vegetation. or combustible growth which is located from nuns t301 feet to one hundred (In01 feet iron) such a building or structure or to the property line. whichever is nearer. or as required by the Fire Department. including the matntcnauce of grasp and other vegetation more than thin) (3(1) from such budding or structure Cuttings are to he removed from the property and disposed of properly Vegetation is to he gut within two (2) inches of the ground. "NOTICE REGARDING R.ULI•:, TIIREATE:\ED OR ENDANGERED SPECIES" If you have previously received a notice from the Calilirriva Department of Fish and Game or the U.S. Fish and Wildlife Services that rare. threatened or endangered species of fish or wiIJIile have occurred on your property ur the areas identified for fuel hrcak clearance. YOU MUST NOTIFY 130'I'H AGENCIES AND Il IE NATIONAL CI 11 1 II(I DEPARTMI:N"1 IN WRITING AT LEAST TEN ( 10) DAYS PRIOR TO E31i(iINNING VEGI FA'FlON CLEARING. IF Tl IESE AGENCIES FAIL TO OR NO 1 I1 YOU OF ANY ALTERNATIVE PROCEDURES WI!IIIN'I'I-IOSL TEN (1(1) DAYS. VOL MAY THEN PROCFI:D TO CLEAR VEGETATION AS DIREC'ThD 13Y 1'Illti NOTICE. Failure to provide notification to These agencies may render you liable under Federal or State Law to penalties. National City Municipal Code 9.12.11111 Public Nuisance Declared --In General Any of the hollowing conditions are hereby declared to constitute a public nuisance. A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosis a materials or dangerous accumulations of rubbish: or unnecessary accumulations of wastepaper. boxes. shavings. or any highly flammable materials which are so situated as to endanger life or property: or hinds obstructions to or on lire escapes. stairs. passageways, doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises. or linds that the effectiveness of any exit door. attic separation or any lire separation wall is reduced: or finds that any provision of the Uniform Fire Code is being violated. 13. When the Fire Chief or his/her designee deems any chimney.. smokestack. stove. oven. incinerator. furnace or other heating device, electric fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building structure or premises not specifically mentioned in the Uniform Fir: Code. to he defective or unsafe so as to create a hazard. C When the Fire ('hiertw his/her designee hinds any condition which in his/her judgment increases or may cause an increase ol'the hazard or menace of lire to a greater degree that customarily, recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing lire or any thing or act w hich may, obstruct. delay. hinder or interfere with the operations of the lire department or the egress of occupants in the event of lire National City NIuniciRal Code 9.12.11211 Public ?nuisance Declared —Needs and Other Flammable la (lints All steeds. growing or located upon streets. sidewalks or pits ate property are hereby declared to he a public nuisance. For the purposes of this chapter. "weeds" shall include the follow Ing. A. Weeds which hear seeds of a downy or wing. nature 13. Sagebrush, chaparral. and any, other brush or weeds which attain such large growth as to become. when dry. a lire menace to adjacent improved property C'. Weeds which are other Ise noxious or dangerous. D. Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the public health. E. I)i % grass. stubble, brush, later. or other flammable material which endangers the public safety by creating a tire hazard in a portion of the City which has been zoned for single and multiple residence purposes. ?National City Nunicinal Code 1.36.11111 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to be a public nuisance in any section ul'this code. and/or and condition caused. maintained or permitted to gist which constitutes a threat to the publics health. safety and welfare or which significantly obstructs. injures or interferes with the reasonable of tree use of property Ill a netghhurhood. CYymmunity or to any considerable number of persons A politic nuisance also has the same meaning as set lirth in Cali font ia Civl Code Section 3474. National ('it' Municipal Code 1.36.11611 Abatement—.tp,peal— Hearing Within ten 1 101 days from the date of posting. mailing or personal yen ice of the required notice, the corner or person occupy ing or controlling such lot or premises affected may appeal to the City Council. Such appeal shall he in writing and shall he I iled with the City Clerk. Ifyou should have any questions. please Teel free to call this number: 1-X66-779-3774 Si usled tieneaiguna prcgunla. por favor Ilan a al numeric I-866-779-3774 Sa a nuntang hatanungan. Umurwat; hang po sa nanterong ilo: 1-866-779-3774 Sincerely yours in public safety. ** Y'ou have the right to appe:t�t�ts matter to the City Council within ten (I 0) days of the receipt tit Ihi 1-866./79-37'74 esi. 3117 or hup:lllirepresentinn.net The appeal shall he in writing and filed with the City Clerk. (NCMC 136.050) 1**i:ire Prevention SPrslrrc Inv is nnrler rtuitrnet with the ('itv nl'\at ion;,I ( 'ih 479 of 731 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No Yes CALL RRE PREVENTION 1-866-779-3774 http://ffreprevention., t CALL RRE PREVENTION FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention,net PROPERTY OWNERS ARE RESPONSIBLE FOR MAINTAINING HAZARD ABATEMENT ON A YEAR ROUND BASIS. HAVE YOU THOROUGHLY READ THE ABATEMENT Yes INSTRUCTIONS No WOULD YOU LIKE THE CITY TO ABATE THE HAZARD FOR YOU? No 1 IF NOT ABATED WITHIN TIME SPECFIEDTHE OWNER WILL BE CHARGED A$350.00 ADMINISTRATIVE FEE. PLUS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Yes Yes { IF YOU DO NOT UNDERSTAND INSTRUCTIONS CALL FIRE PREVENRON. 1-866-779-3774 http://fireprevention.net CALL RRE PREVENTION WHE COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention.net CALL RRE PREVENTION FOR ARRANGEMENTS. 1-866-779-3774 http://freprerention.net IF ARRANGEMENTS ARE MADE MILH TO' CITY ABATING HAZARD, THE ADMINISTRATIVE FEE MAY BE WMVED. it 333 E. 16th Street : National City, CA : 91950-4596 234 480 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Dehris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel $350.00 6. Attorney Services A. per parcel, per hour $200.00 7. Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H. unscheduled fees (reimbursement of cost) 235 481 of 731 NOTICE TC ABATE PUBLIC NUISANCE /09/20 f®yM.7r r+s .e1MNi _Ar e-Inspeqtion 236 482 of 731 •71" • , . _ , ' 1,), g • t_ q t 711:0 , mg. jimmy. / - �7___-7--- — __==---:---- 488 of 731 CITY OF NATIONAL CITY FIRE. DEPARTMENT 1243 National City 131%d : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: Welding Maria G 1-1 Address: 727 E San Ysidro 131vd #707 San Ysidro. CA 92173 Parcel Number: 559 033 03 00 Date: 11/9/2020 Location of Public Nuisance: Harding Ave Instructions for Abatement: Please clear the entire property of all weedsidead vegetation. trashidebris and arundo. All piles of dead Vegetation and debris must be removed from the property. tPlease maintain any and all grasses below 3 inches year round)jThis includes along sidewalks and alleys) 1 ou are hereby thrwed to abate the puhlic nuisance described above. of which you are the occupant or owner. within fen 1111) days of 11/9/211211. *'Your failure tip comply a all this order will result in you being charged the administrative Ice and the City having your property cleaned by the C'ity's contractor at your expense (per National City. Municipal ('ode Chapter 1.36). A $350.00 administrative fee will he charged in addition to the contractor's fees to clean the property (per Resolution nunmber94-97). Violations are also subject to prosecution as misdemeanors. Guidelines For The .hatcment of Flammable Vegetation For the protection of life and property. remove all hrush. flammable vegetation. or combustible growth ww Inch is located from thirty (3(11 feet to one hundred (I 00) feet from such a huilding or structure or to the property line. wwhrehcvcr is nearer. or as required by the Fire Department. including the maintenance ol'grass and other vegetation more Than thing (301 from such building or structure Canines are to be removed from the property and disposed of properly, Vegetation is to he cut within two (21 inches or the ground. "NOTICE RI•:(:ARI)IN(. RARE, THREATENED OR ENI):ANCF:RF.I) SPECIES" [(you have prey musty received a nonce from the Calilhmia Department of Fish and Game or the U.S I ish and Wildlife Services that rare. threatened or endangered species of Iish or wildlife have occurred on your property in the areas identified live hid break clearance. YOU MUST NOTIFY BOTH AGENCIES AND VHF NATIONAL CITY FIRE DEI'AR 1MENT IN WRITING AT LEAS.] 111N (101 DAYS PRIOR T() I3FCiINNING VEGETATION CLEARING. IF TI IESF AGENCIES 1Al1. TO OBJECT (IR NOTIFY YOU OF ANY AI: VERNA I IVE PROC EDLIRLS WITHIN IIN TI-IUSE TEN (10) DAYS. YOU MAY THEN PROCEED fO CLEAR VEGETATION AS Mall 1 D BY TI II5 NOTICE. Failure to provide notification to these agencies may render you liable under Federal or State Law to penalties. rational ('it% Municipal ('ode 9.12.11111 Public \ uisanee Declared —In General Any oldie following conditions arc hereby declared to constitute a puhlic nuisance A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosi' a materials or dangerous accumulations 14 ruhhish: or unnecessary accumulations of wastepaper. poxes, shavings, or any highly flammable materials which are so situated as to endanger life or property: or finds obstructions to or on lire escapes. stairs. passageways. doors or windows that reasonably tend to interfere with the operations of the tire department or the egress of the occupants of such building of premises. or finds that the e1Tectiveness of any exit door. attic separation or any lire separation wall is reduced. or finds that any provision of the l Inil'arn Fire Code is hang violated 13. When the Fire Chief or htsncer designee deems any chimney. smokestack. stove. oven. incinerator. furnace or other heating device, cicctrtc fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the Uniform lire Code. to he detective or unsafe so as to crease a hazard. C 14 hen the Fitt Chief or his(hcr designee finds any condition which in his/her, judgment increases or may cause an increase of the hazard or ncnacc of lire to a greater degree that customarily recognized as normal by, persons in the puhlic service regularly engaged in preventing, suppressing or extinguishing lire or any. thing or act which may obstruct. delay. hinder or interfere with the operations oldie lire department or the egress of occupants in the event of lire. National City %tunicipal Code 9.12.11211 Public Nuisance Declared--N eeds and Other Flammable tlatcrials All weeds. growing or located upon streets. sidewalks or private property are hereby declared to he a puhlic nuisance. for the purposes of this chapter. "weeds" shall include the following A. Weeds which hear seats of a downy or wvingy nature D. Sagebrush. chaparral. and any other hrush or weeds which attain such large growth as to become, when dry. a lire menace to adjacent improved properly C Weeds which are otherwise noxious or dangerous 1)- Poison oak and poison ivy when the conditions of growth are such as to constitute a menace the the puhlic health. Dry grass. stubble. hrush. liner. or other flammable material which endangers the public safety by creating a tire hazard in a portion of the City hich has been zoned for single and multiple residence purposes. National (its'slunicipal Code 1.3(1.1110 Public Vaiaanec 1lertned "Public Nuisance" means any condition delined or declared to be a puhlic nuisance in any section of this code. and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health. safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property III :1 nrighbtxhond. community or to any considerable number o1' persons. A puhlic nuisance also has the same meaning as sea Iorth in California Civil Code Section 3.179 National ( -its Municipal Code 1.36.1160 Abatement— Appeal— Hearing Within ten 110) days from the date of posting. mail ing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may, appeal to the City Council Such appeal shall he in writing and shall he tiled with the City Clerk 1f you should have any questions. please feel free to call this mintier: I.866-779-3774 Si usteJ liencalguua pregunla, por favor name al rumen': 1-866-779-3774 Ma anumang toitanungaii. tumawag Iang po sa numerung itu: 1-866-779-3774 Sincere!) yours in puhlic safety. "You have the right to appeal this matter to the City Council within ten (10) days of the receipt of this notice I-866-779-3774 ext. 3117 or hitp://Iirepreventinn.net the appeal shall he in writing and tiled with the City Clerk, (NCMC 1.36.OS0) ***Fire I'reventii244erviccs, Inc. is under contract with the City afNational illy Fire I'tcwailion Sci w 1ces•'' 490 of 731 spec ti o n • IN - •• • • 2970 0002 0216 Cr 0 U.S. Postal Service' CERTIFIED MAIL® RECEIPT Domestic Mail Only For delivery information, visit our webslte al www.usps,com'. ° Certified Mail Fee S Extra Services & Fees (ch er* bor. ow Pea as app s, 0 Retun Recapt gwoorp9) G Reaxn Ravelpt la sc tran7G ti D cer fl ed Met ne ttleted Otlihrery (] Aden Signature Raquked S 0 Adult Signature Flastrlci d Delivery S Postage Total Postage Senr To Straw anoAp G`i t Mare. 21 t- 559 033 03 00 Welding Maria G H 727 E San ygdro Blvd #7' San Ysidro CA NC 496 of 731 1 SENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we.can return the card to you. li • Attach this card4o the back of the mailpiece, or on the front if space permits. 5590330300 Welding Maria G F I 727 E San Ysidro Bivd *707 San Ysidro CA 92173 NC (IIIIII 0 III94IIIIII02 II 6101 IIIIIIIIII0125849 I9IIIIIIIIII 95917 A. Sigritfure D. is delivery elddress different from item 1? ❑ Yes tt YElifienter dial*ery,gtt7 .c below: El No A ti-�-L-' IVY NOV 3 0 201r 2. Article Number (rransfpr from con.ra r,r ,n 7019 2970 0002 0216 PS Form 3811, July 2015 PSN 7530-02-000-9053 3. Service Type o Adult Signature ❑ Adult Signature Restricted Delivery ❑ Certified Mall® ❑ Certified Mall Restricted Delivery ❑ Collect on Delivery n ( ,,liar* n., Delivery Restricted Delivery B2GG11 0 II Restricted Delivery ❑ Priority Mail Express® ❑ Registered Mall*"" ❑ Registered Mall Restricted Delivery ❑ Retum Receipt for Merchandise o Signature ConfirrnationTM 1 497 of 731 Domestic Return Receipt CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 7327 Owner: Welding Maria G H Address: 727 E San Ysidro Blvd #707 San Ysidro, CA 92173 Parcel #559 033 03 00 Job location:Harding Ave Authorized by: /'t • /JecLO Signature: �E6 Am,d DNzy Date: /2-2-Z-c WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo_.A1Lpiles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year roundl( This includes along, sidewalks and alleys) 252 498 of 731 06 vs a 5AM 01EGO COUNTY ASSESSOR'S MAP BOON !6P PAGE 03 r ,1 0 cc a 2 a 4 AT TN'Y•e' Ze' r, a Zb2 -0_ Q •° a " " "n I4I o ', IR BLK � � sr cLsu$ "2 AC • „ „ /7)4 .7 e) a nr b F- a 7�%t M M ) r• J POR PAR 62 SBE MAP 663-37-7R (I3u) IHIS AMP WAS PREPARED FOR ASSESSl&WT PURPOSES ONLY. NO LIABILITY 13 ASSUMED FOR TIC ACCURACY OF THE DMA SHOWN. ASSESSOR'S PARCELS MAY NOT COIFLY WON LOCAL 9UIR3Y1310N OR ROWING ORDINANLT3 EC 2 0 J_ CIVIC 1420 CENTER STREET Id 0 Z 0 ,o STREET STREET) DR MAP 364 - BANCROFTS RESUB MAP 348 - NATIONAL CITY REFILED ROS 10031, 10405, 10457, 12087 M z COOLIDGE e 10/ 2,CC uAS II. PAR • SSE MAP 27,0-37-27 CHANGES B-K ow • CUT D3f I 2t3 LI 75/4 033 /-3 45 - -374 032 ,2 /50/6 474345 032 2 *";: s AS7/ f/az / " 77 '4 ,7-m2 031 3 M 5 036 / 21E 3 : 576 032 AA/7 F 79 /3,, D3Gl 3 to Ste, .. 2 2' 01-S 1a115 f0 6I Pl9Z 012 :;,yi 7,{•i %B/,9 -, 2 1 I 7 037 5 6<7 036 j:.jaa RS 4 .2,2:e2 1i7 i3 //gas ,033 0]2 3�ti twe AA, 67/0 6-74 //,.2 /S - 9 /36.5 032 2 20k21 01 1666 OCT 2 7 2000 253 499 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net 12/3/2020 Vv'elding Maria G 11 727 E San Ysidro Blvd #707 San Ysidro, CA 92173 Parcel # 559 033 03 00 Location: Harding, Ave Dear Welding Maria G H. ADMINISTRATIVE BILL c+PY Fire Prevention Services has been contracted by the City of National City to help reduce potential fire violations thus improving the safety of its citizens. Your property was re -inspected on 1 1/20/2020 and found to still be in violation of the National City. Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will he charged an administrative fee. A final inspection was performed on the above referenced parcel, as of 12/2/2020 this parcel is in compliance with the National City Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline. you are being charged the administrative fee. Thus far your bill is $ 350 and if paid within fifteen (15) days of this notice no further costs will he incurred by you. Please make check payable to F.P.S.I. and please include the File # 559 033 03 00 on the check. If you have any questions please callus direct at (619) 562-1058. Sincerely. Fire Prevention Services. Inc. rev.05/ 1906 254 500of731 NATIONAL CITY SCHEDULE OF FEES Tractor Mowing A. per parcel, sized 1 to 7.500 square feet B. per parcel. sized 7,501 to 15.000 square feet C. per parcel, sized 15.001 square feet to 30,000 square feet D. per parcel. sized 30.001 square feet to one acre E. per square foot over one acre I land Labor A. per square loot of area abated Dozer Operation A. hourly rate B. move -on fee COPY $250.00 $325.00 $400.00 $450.00 $00.02 $0.10 $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 X [3. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) A. per parcel Attornev Services A. per parcel, per hour Assessment Fees (includes preparing reports, attending hearings. etc.) A. cost confirmation fee. per parcel Miscellaneous Fees Per Parcel A. special inspection fee B. abatement lien C. interest on lien (apr) D. release of abatement lien E. public notary F. file duplication fee G. unscheduled Labor per man hour 11. unscheduled fees FILE # 7 327 APN # 559-033-03-0O quantity sq. It. sq. Ft. $350.00 1 $200.00 $275.00 $50.00 $50.00 10% $50.00 $20.00 $50.00 $50.00 (reimbursement of cost) TOTAL S 350.00 sub total cu.yds = $350.00 255 501 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 h t t p:// f i r e p r e v e n t i o n. n e t Final Bill 1/4/2021 Welding Maria G H 727 E San Ysidro Blvd #707 San Ysidro. CA 92173 Ref: Parcel # 559 033 03 00 Dear Welding Maria G H. MSt tti � �i This is a reminder of the letter we sent you on 12/3/2020 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will he required to seek appropriate action to collect these monies. This action may include tiling an abatement lien on your property and fot arding this hill to our collection agency. Under state and local law. costs for such action will he added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 559 033 03 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-1058. Sincerely, Fire Prevention Services. Inc. rev.05%19/06 256 502 of 731 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 • (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 DOC# 2021-0134956 11IIIIIIIII1IIBI111111111III[III1111111IIIIIIIIIIIIIIII1iIIIIIIII Feb 22, 2021 02:04 PM OFFICIAL RECORDS Ernest J. D;onenburg, Jr.: SAN DIEGO COUNTY RECORDER FEES_ $0.00 (S82 Atkins: $0.00) PAGES: 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on . and WHEREAS representatives of the National City Fire Department abated the violation(s) on 12/2/2020. and WHEREAS the charge for such abatement amounted to $420.00; THEREFORE he it known that an ahatcment obligation exists on the property regardless of owner until paid. The current owner of the property is Welding Maria G H at 727 E San Ysidro Blvd #707, San Ysidro, CA 92173 described as follows: AI'N # 559 033 03 00 ADDRESS: Harding Ave LEGAL. DESCRIPTiON: W 50 Ft I.ot 4 B1k 116'Fr 348 This abatement obligation shall attach to the property, not the owner, and may not be extinguished by a tax sale under the California Revenue and 'taxation Code Section 3712. After confirmation by the City Council shall become a special assessment on the property tax bill. il' not paid pursuant to State Law and State fax Lien Law. the property may be sold to satisfy that obligation. The amount of such claim shall be plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such action: be required or determined to be appropriate. reasonable legal fees will be incurred and added to said obligation. f?Al'LU. February 3, 2021 BY: Ken Osborn. Fire Prevention Services. Inc.. Designee for National City Fire Department Certificate Of Acknowledgement 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 February 3, 2021 before me. R Thrasher, Notary Public, personally appeared Ken Osborn, 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/tbeir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WT'ilatT,6S iriv h u1' `i d official seal. R. THRASHER ' Cavort No. 2332281 . / a 01100 COUNTY (Seal) 257 503 of 731 SUMMARY REPORT FOR APN 563-162-32-00 10/19/20 Received citizen complaint. 10/19/20 Initial inspection was made, property was found to be in violation. 10/20/20 Mailed 30 day courtesy notice to the owner. 11/23/20 Re -inspection was made, property was found to be in violation. 11/23/20 Posted property. 11/23/20 Mailed 10 day final notice to the owner, certified mail. 12/04/20 Final inspection was made, property was found to be in violation. 12/04/20 Verified ownership information with County of San Diego. 12/07/20 Work order authorization signed by District Official. 12/30/20 F.P.S.I. crews attempt to abate the property, found compliant. 01/07/21 Certified notice returned "unclaimed". 01/08/21 The owner was mailed an Adminitrative bill at the contracted rates. 02/09/21 The owner was mailed a final bill. 03/10/21 A Notice of Abatement was filed on the property. 05/21/21 The list of Fixed Charge Special Assessments [EXI-llBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 258 504 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 NOTICE TO ABATE PUBLIC NUISANCE Owner: Denhleker Kenneth Parcel Number: 563 162 32 00 Address: 2815 (iro\ e St Date: 10/20/2020 National Cit), CA 91950 Location of Public Nuisance: 2815 Grote tit Instructions for Abatement: Please clear the entire properft of all weeds. dead vegetation, trash, dehris and arundo. All piles of dead vegetation and debris must he removed from the properts. (Please maintain am and all grasses below 3 inches Year round)(This includes along sidewalks and allevs1(Bougan ilia bush encroaching sidewalk:, You are hereby directed to abate the public nuisance described above, of which you are the occupant or owner, within thirty (301 days of 11U2111211211 "Your failure to comply with this order is dl result in the City having your property cleaned by the City's contractor at tour expense Ipet National C my Municipal C'odc Chapter I Zhu A $350 00 administrative lee will he charged in addition to the contractor's Dees 10 dean the property (per Resolution number 94-971 Violations arc also subject lit prosecution as misdemeanors Guidelines Fur I'he Abatement of Flammable \ cgctation for the protection of life and propeny. remote all brush, flammable vegetation, or combustible growth which is located Iron thirty (30) leer to one hundred (100) leer Inns such a building or structure or to the property lute, whichever is nearer. or as required by the Fire Department, including the maintenance ol grass and other vegetation more than tlun% (3(1) Rom such building or structure Cuttings arc to be removed from the propem and disposed of properly. Vegetation is to he cut within two (2) inches of the ground "\OT1( E. REGARDING K 1KE, IIIRE:1I ENLD OR F:\1.1\GI•:RF:D til'ECI F:1" If you have previously received a notice from the California Department of Fish and (lame or the V.S Fish and Wildlife Services that rare, threatened or endangered species ol Iish or wildlife have occurred on your property in the areas identified lox fuel break clearance. YOU MUST NOITFY BOfli AGI.NC•IFS AND 1 (11 NATIO?AI CI 11- I IRI DEPARTMI N I IN WRITING AT LEAST 1 E_N 1 10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING IF TFIFSE A(jENCIL S FAII. ID OBJE(- I OR NCI I If \ VOL' ()1- ANY ALITRNATIVF. I'I(OC FDI -RES WI I'I IIN I IIOSE TEN (10) DAYS. YOU MAY TIIEN PROCEED TO CLEAR VE(il rATION AS DIREC I ED I3l I Ills NOTICE Failure to provide notification to Ihcsc agencies may render you Kahle under Federal or State Law to penalties National Pitt 1lunicinal ('ode 9.12.010 Public Nuisance Declared --In General Any of the lollo%%ing conditions are hereby declared to constitute a public nuisance A When the I ire C heel or hisItcr designee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of rubbish. or unnecessary accumulations of wastepaper. boxes. shavings. or any highly flammable materials which are so situated as to endanger hie or property. or linds obstructions to or on lire escapes. stairs. passageways, doors or windows that reasonably tend to interfere with the operations of the Lire department or the egress of the occtipants of such building of premises. or finds that the elTecti.cness of any exit door. attic separation or any lire separation wall is reduced. or linds that any pro% isual of the llnilorm Fire Code is hang violated B N hen the Fire Chief or has her designee deems any chimney. smokestack. stove. oven, incinerator. furnace or other heating de% ice, electric fixture or any appurtenance thereto, or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the [Hnili,mi Fire Code. to he defective or unsafe so as to create a hazard C N hen the fire Chief or fusilier designee finds any condition which in husfier Judgment increases or may cause an increase oldie hazard or menace of lire to a greater degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing lire or any thing or act which nta% ohsiruct delay. hinder or Interfere w tilt the operations of the tire department or the egress of occupants in the event of Tire. \aiiunal tits tlunrcinal ( udc 9.12.0211 Public \uisancr Declared—%%rrds and Other Flammable 'Materials All weeds. crowing ur located upon streets. sidewalks or prat ate property are hereby declared to he a public nuisance For the purposes of this chapter "weeds" shall include the following A \'feeds which hear seeds of a downy ur %tangy nature 13 'sagebrush chaparral and any other brush or weeds which attain such large growth as to become. sshen dry, a lire menace to adjacent unproved propcny Weeds which are otherwise noxious or dangerous I) Nation oak and poison n y when the conditions o1 growth are such as to const0ute a menace the the public health F I)n grass. stubble. brush. litter. or other flammable material tvhteh endangers the public safety by creating a Tire hazard ui a portion (tithe City which has been toned lin single and multiple residence purposes National (ilv Municipal ('ode 1.36.11111 Public Nuisance Defined "Public !nuisance" me nos am condition dclined or declared to he a public nuisance in any section of this code, and.or and condition caused. maintained or pemutted to east which constitutes a threat to the public's health. safety and welfare or stInch signilicanlly obstructs. injures or interferes ssnh the reasonable of lice use of propertx in .1 neighborhood, cannnunrt% or Ise an% considerable number of persons :\ public nuisance also has the same meaning as set forth in California Civil Coale Section 3474 National City %Iunicinal Code 1.36.1(611 %batemcnl— Amaral— Dearing Within ten 110) days Irons the date of purling. mailing or personal service ol the required nonce, the owner or person occupying or controlling such lot or premises ullccled may appeal to the City Council Such appeal shall he in wiring and shall he tiled with the City Clerk If you should have any questions, please feel free to call this number: 1-866-779-3774 Si usted licnealt;una pregunta. por favor flame al nuntcro: I-866-779-3"74 Sa anumang katanungan. aumawag lane pit sa nomernng ion: 1-866.7'9-3774 Sincerely yours in public safety "You have the right to appeajAkis matter to the C'ny Council within ten (1(11 days of the receipt of this notice 1-866-779-3774 eti. 3117 or htip:/rfrrepresention.nct The appeal shall be in writi6gInd tiled with the City Clerk (NCMC 1 36 050) ••'Fin• Preventinn ‘idsn,loec. In, is nniler rontrart uoh the i'ii ntNati inal i'rtt 505 of 731 NATIONAL CITY FIRE DEPARTMENT COMMON QUESTIONS AND ANSWERS ARE YOU THE CURRENT OWNER OF THIS PROPERTY? Yes 1 HAVE YOU CLEARED THIS PROPERTY SINCE THIS NOTICE? No DO YOU UNDERSTAND THE INSTRUCTIONS FOR ABATEMENT? Yes 1 HAVE YOU MADE ARRANGEMENTS TO ABATE THE PROPERTY? No —So Yes PROPERTY OWNERS ARE RESPONSIBIEFOR MAINTAINI NG HAZARD ABATEMENT ON A YEAR ROUND BASIS. (CALL RRE PREVENTION 1-866-779-3774 ttp://flreprevention.net f CALL RRE PREVENTION FOR .I RE -INSPECTION. 1-866-779-3774 http://fireprevention.net HAVE YOU THOROUGHLY IF YOU DO NOT UNDERSTAND READ THE ABATEMENT EYes INSTRUCTIONS CALL FIRE PREVENTION. INSTRUCTIONS 1-866-779-3774 http://fireprevention.net WOULD YOU UKETHE CITY TO ABATE THE HAZARD FOR YOU?' IF NOT ABATED WITHIN TIME SPECFI ED TI* OWNER WLL BE CHARGED A$350.00 ADMFIISTRATIVE FEE. PLUS FIRE PREVENTION WLL ABATE. THE OWNER WILL BE BILLED FOR ALL COSTS Ye Yes — CALL RRE PREVENTION WHEN COMPLETED FOR RE -INSPECTION. 1-866-779-3774 http://fireprevention. net CALL RRE PREVENTION FOR ARRANGEMENTS. 1-866-77 9-37 74 http://flreprevention.net IF ARRANGEMENTS ARE MADE Pi31GB TO CITY ABATING HAZARD, THE ADMNISTRATIV E FEE MAY BE WAIVED. 333 E. 16th Street : National City, CA : 91950-4596 260 506 of 731 CITY OF NATIONAL CITY SCHEDULE OF FEES 1. Tractor Mowing A. per parcel, sized 1 to 7,500 square feet $250.00 B. per parcel, sized 7,501 to 15,000 square feet $325.00 C. per parcel, sized 15,001 square feet to 30,000 square feet $400.00 D. per parcel, sized 30,001 square feet to one acre $450.00 E. Per square foot over one acre $ 00.02 2. Hand Labor A. per square foot of area abated $ 00.10 3. Dozer Operation A. hourly rate $150.00 B. move -on fee $150.00 4. Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping, and or compacting $ 38.00 B. dump fees (reimbursement of cost) 5. Administrative Fee (failure to comply with final notice) A. per parcel 6. Attorney Services A. per parcel, per hour 7, Assessment Fees (includes preparing reports, attending hearings, etc.) A. Cost confirmations fee, per parcel $350.00 $200.00 $275.00 8. Miscellaneous Fees A. special inspection fee $ 50.00 B. abatement lien $ 50.00 C. Interest on lien (apr) 10% D release of abatement lien $ 50.00 E. public notary $ 20.00 F. File duplication fee $ 50.00 G. Unscheduled Labor per man hour $ 50.00 H, unscheduled fees (reimbursement of cost) 261 507 of 731 NOTICE TO ABATE PUBLIC NUISANCE 'i` 11123120 Re -Inspection 511 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd : NATIONAL CITY, CA. 91950-4596 FINAL NOTICE TO ABATE PUBLIC NUISANCE Owner: f)enhleyker Kenneth Parcel Number: 563 162 32 00 Address: 2815 Grove St late: 11/23/2020 National Cit),. C'A 91950 Location of Public Nuisance: 28I5 Grove Si instructions for Abatement: Please clear the entire property of all weeds, dead vegetation, trash, debris and arundo..411 piles of dead vest etation and debris must he removed from the property. (Please maintain anv and allgrasses below 3 inches year round)[This includes along sidetyalks and alleysJjBouganvilla hush encroachingsidewalkl You are hereby directed to ahate the public nuisance described above, of which you are the occupant or owner, within ten (111) days of 1 I/23(21120 **Your failure to comply with this order will result in you being charged the administrative fee and the City having your property cleaned by the City's contractor at your expense (per National City Municipal Code Chapter 1.36). A $350.00 administrative lee will he charged in addition to the contractor's fees to clean the property trier Resolution number 94-97) Violations ate also subject to prosecution as misdemeanors. Guidelines For The Abatement of flammable Vegetation For the protection of lite and property. renloxe all brush. flammable vegetation, or combustible growth which is located from thirty (30) loci to one hundred (1001 feet Pram such a building or structure or to the property line. whichever is nearer, or as required by the Fire Department, including the maintenance of grass and other segctaton inure than thirty (30) from such buikhng or structure. Cuttings arc to he removed from the property and disposed of properly. Vegetation is to he cut within two (2) inches attic ground "NOTICE REGARDING RAKE. THREA-TENED OK ENDANGERED Sl'EC'I4:S" If you have previously received a notice Irom the California Department of Fish and Game ur the U.S Fish and Wikllrlc Services that rare. threatened of endangered species of lish nr wildlife have occurred on your property in the areas identified for fuel break clearance. YOU MUST NOTIFY BOTIi AGENCIES AND TIIF NATIONAL l 111 FIRE- f)ILPART MENI IN WRITING AT LEAST TEN (10) DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF TiIESE AGENCIES FAIL. TO 013)1:C I NOTIFY YOU Of ANY Al 1 ERN.ATIVI: PROCEDURES WITHIN THOSE TEN (10) DAYS, YOU MAY THEN PROCEED TO ('TEAR VEGETATION AS DIRE( 11 U )JY 1'1(IS NOIICIl• I ulure to provide notification to these agencies may render you liable under Federal or State Law to penalties. National Cits Municipal Code 9.12.010 Public NtliSiiIICe Declared --In General Any of the following conditions are hereby declared to constitute a public nuisance. A. When the Fire Chief or his/her designee determines that there exists in any building or on any premises combustible. hazardous or explosive materials or dangerous accumulations of ruhhish: or unnecessary accumulations of wastepaper. boxes, shavings. or any highly flammable materials which are so situated as to endanger life nr properly: or finds obstructions to or on tire escapes. stairs, passageways. doors or windows that reasonably tend to interfere with the operations of the fire department or the egress of the occupants of such building of premises: or finds that the effectiveness of any exit door. attic separation or any lire separation wall is reduced. or finds that any provision of the Uniform 1 ire Code is hcing s totaled B. When the Fire Chief or his/her Designee deems any chimney. smokestack. stove. oven. incinerator. furnace or other heating device. electric fixture or any appurtenance thereto. or anything regulated under a nationally recognized standard in or upon any building. structure or premises not specifically mentioned in the t inform Fire Code. to he defective or unsafe so as to create a hazard. C. When the fire Chief or his/her designee finds any condition which in his/her judgment increases or may cause an increase (tithe hazard or menace of fire to a greaser degree that customarily recognized as normal by persons in the public service regularly engaged in preventing. suppressing or extinguishing lire or any thing or act which may obstnict. delay. hinder or interfere with the operations of the lire department or the egress of occupants in the event afire. National tits !1Itmicip:rl Code 9.12.021) Public Nuisance UeeIarcd--\1 eeds and Other Flammable %latcrials All weeds. growing ur located upon streets. sidewalks or private property are hereby declared to he a puhlic nuisance I or the purposes of this chapter. "oceds" shall include the litllosvmg, A Weeds which hear seeds of a downy or w•ingy nature B. Sagehnish, chaparral. and any other brush or weeds which attain such large growth as to become. when dry. a fire menace to adjacent improved propert' Weeds winch are otherwise noxious or dangerous. I). Poison oak and poison ivy w hen the conditions of growth are such as to constitute a menace the the puhlic health. E. Dry grass. stubble, knish, litter. or other flammable material which endangers the puhlic safety by creating a fire hazard in a portion of the City which has been zoned for single and multiple residence purposes National Cits \unicipal Code 1.36.0111 Public Nuisance Defined "Public Nuisance" means any condition defined or declared to he a puhlic nuisance in :any section of this code, and/or and condition caused. maintained or permitted to exist which constitutes a threat to the public's health, safety and welfare or which significantly obstructs. injures or interferes with the reasonable of free use of property in a nctuhborhood. community' or to any considerable number of persons. A puhlic nuisance also has the same meaning as set forth in Cahfomta Civil Code Section 3479. National City Municipal Code 1.36.116(1 Abatement--Appeal--Hearing Within ten (10) days from the date of posting. mailing or personal service of the required notice. the owner or person occupying or controlling such lot or premises affected may appeal to the City Council. Such appeal shall he in writing and shall he filed with the City Clerk Hypo should base any questions. please feel free to call this number: I-866-779-3774 Si usted lienealguna pregunta, par favor (lame al numbro: 1-866.779-3774 Sa antimang katanungan, ttnnasvag tang po set uumerung inn: 1-866-779-3774 Sincerely yours in puhlic safety **you have the right to appeal this matter to the City Council within ten (10) days of the receipt otitis notice. 1-866-779-3774 est. 307 or http://ffrepreventiou.nct The appeal shall he in writing and tiled with the City Clerk (NCMC 1.36.050i ***Fire PrevcntuilVBerviccs. Inc. is under contract with the City of National C'in Fire Prevention wen ices*** 516 of 731 04 N - V/ Fire Prevention Services P. O. Box 1720 El Cajon,_CA 92022-1720 FIRST NO , "'= /1- SECOND { w' IMPORTANT WEED & HAZARD RETURNEE _ ABATEMENT NOTICE INSIDE 11 i i 111 i 11 DJEG( nor 7rrM't use rcnss .ems 7019 2970 0002 0215 9460 RECEIVED JAN 0 7 2021 Owner: Denbleyker Kenneth Parcel Number: 563 1 Address: 2815 Grove St Date: 11/23/2020 NI I XIS �. S l National City, CA 91950 Location of Public Nuisance: 2815 Grove St Instructions for Abatement: Please clear the entire Dronerty oIaLLwt 1000 i i 11 i 91950 U.S.LETTERE PAID EL CAJON. CA 92020 AMOUN'r20 en OR R2304E105192-36 ;_0012j-311 ZZ RETURN TO SENDER UNCL AIMED UNABLE TO FORWARD c: 92822172020 *2204-81498 �I{II'111'I��Illlll'1111"Ilt'!I{!I"ll'I'!�ilE{li{1` 520 of 731 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91950-4596 WORK ORDER AUTHORIZATION Authorization # 7336 Owner: Denbleyker Kenneth Address: 2815 Grove St National City. CA 91950 Parcel #563 162 32 00 Job location:2815 Grove St Authorized by: (0 no(ck e5'C4 r-1 r f (S Signature: Date: /a/7 / a v WHEN SIGNED THIS DOCUMENT ALLOWS RIGHT OF PASSAGE ONTO PRIVATE PROPERTY FOR THE PURPOSE OF FIRE VIOLATION / PUBLIC NUISANCE REDUCTION OR REMOVAL. METHOD OF CLEARING Entire Parcel Fire Break Hand Cutting: sq. ft. Removal: cu. yds. Tractor Mowing: sq. ft. Discing: sq. ft. CREW INFORMATION Crew Date Type: Type: Type: Type: Notes: Please clear the entire property of all weeds, dead vegetation trash, debris andarundo. All piles of dead vegetation and debris must be removed from the property. (Please maintain any and all grasses below 3 inches year round)(This includes along sidewalks and alleys)(Bouganvilla bush encroaching sidewalk) 275 521 of 731 06 RANGES i'itmmo== 55 P^i@, :q 2m as �9o,3&z%m�� NN O1 Nd O � V Y Mq�� 4 q kyhN9 V O p =y2 L q `h rvv; Y „.) N N N CV K1 y n ti eNNNNNNN N N M LI '2 2y VISTA SO "Pie L INCOLN WAY CT ti•. x 1 , YGY Rn• - 5e3'. ,1 IS 5HT. ZOF2 THIS MAP WAS PREPARED FOR ASSESSMENT PURPOSES ONLY NO LIABILITY IS ASSUMED FOR THE ACCURACY OF THE DATA SHOWN. ASSESSOR'S PARCELS MAY NOT COMPLY WITH LOCAL SUBDIVISION OR BUILDING ORDINANCES_ e SHT1 tNTERSTATE 805 • POR 117N 2.115 r- SEE DETAIL •yza•a, •x- " POR 148 \ f• H W Y„ - OP _ n . M 17411 . acis - Td 1 5 •$YIYa+ s �rr+•ss•e UN "O/ » sT W.1.1.23 YI Pass NATIONAL CITY MAP 1745 - L1 NCOLN ACRES ANNEX MAP 1740- LINCOLN ACRES ROS 14305, 14511 , 21189 563 —16 SHT 20F2 1'.100 vtaa ` .POR 148 M1745 eh ti Ya� `A"_�Poa. 148 s M 1745 et DETAIL SCALE =� 276 522 of 731 12/30/20 Compliant 523 of 731 12/30/20 Compliant 278 524 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://fireprevention.net ADMINISTRATIVE BILL 1/8/2021 Denbleyker Kenneth 2815 Grove St National City. CA 91950 Parcel # 563 162 32 00 Location: 2815 Grove St Dear Denbleyker Kenneth. Fire Prevention Services has been contracted by the City of National City to help reduce potential lire violations thus improving the safety of its citizens. Your property was re -inspected on 12/4/2020 and found to still be in violation of the National C it Municipal Code Chapter 1.36. As stated in the notice, if the violation is not corrected prior to the deadline you will be charged an administrative fee. Due to the abatement not being completed by the deadline. you are being charged the administratk e fee. Thus far your bill is $ 350 and must be paid within fifteen (15) days of this notice. Please note the above referenced property is still in violation and is subject to abatement and additional charges. Please make check payable to F.P.S.I. and please include the File # 563 162 32 00 on the check. Ifyou have any questions please call us direct at (619) 562-1058. Sincerely. Fire Prevention Services. Inc. http://Fireprevention.net rev .05/ l 9/06 279 525 of 731 NATIONAL CITY SCHEDULE OF FEES Tractor Mowinu A. per parcel. sized 1 to 7,500 square feet $250.00 B. per parcel. sized 7.501 to 15.000 square feet $325.00 C. per parcel. sized 15,001 square Meet to 30,000 square feet $400.0O D. per parcel, sized 30,001 square feet to one acre $450.0O E. per square foot over one acre $00.02 I land Labor A. per square foot of area abated Dozer Operation A. hourly rate 13. move -on fee quantity sub total $0.10 sq. Ft. $150.00 $150.00 Debris Remediation (includes chipping, grinding, and/or shredding) A. per cubic yard of material prior to chipping. and or compacting $38.00 X cu.yds - 13. dump fees (reimbursement of cost) Administrative Fee (failure to comply by deadline of notice) per parcel $350.00 1 $350.00 Attorney Services A. per parcel. per hour Assessment Fees (includes preparing reports, attending hearings, etc.) A. cost confirmation fee. per parcel $200.00 $275.00 Miscellaneous Fees Per Parcel A. special inspection fee $50.00 I3. abatement lien $50.00 C. Interest on lien (apr) 10% D. release of abatement lien $50.0O E. public notary $20.00 I . file duplication fee $50.00 G. unscheduled Labor per man hour $50.00 1-1. unscheduled fees (reimbursement of cost) FILE # 7336 APN # 563 162 32 TOTAL S 350.00 280 526 of 731 Fire Prevention Services, Inc. P.O. Box 1720 : El Cajon, CA 92022-1720 (619) 562-1058 : fax (619) 445-6336 http://firepre‘ention.net Final Bill 2/9/2(121 Denhleyker Kenneth 2815 Grove St National City. CA 91950 Ref: Parcel # 563 162 32 00 Dear Denbleyker Kenneth. COPY This is a reminder of the letter we sent you on 1/8/2021 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will he required to seek appropriate action to collect these monies. This action may include tiling an abatement lien on your property and forwarding this hill to our collection agency. Under state and local law. costs for such action will he added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 563 162 32 00 on the check. Should you need to discuss this matter you may contact us at (619) 562-1(158. Sincerer. Fire Prevention Services. Inc. rev.05 19:06 281 527 of 731 RECORDING REQUESTED BY Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 1720 El Cajon, CA 92022-1720 DOC# 2021-0229237 1IIIIII II IIII III IIII IIIII IIII In1111111III IIIIIIIII1111 I Mar 24, 2021 02:36 PM OFFICIAL RECORDS Ernest J Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERS/PURCHASERS OF THE HEREIN DESCRIBED PROPERTY WHEREAS it was determined that a violation of Chapter 1.36 of the National City Municipal Code did exist, and WHEREAS such violation was ordered abated on 12/7/2020, and WHEREAS representatives of the National City Fire Department abated the violation(s) on 1 2/30/2020, and WHEREAS the charge for such abatement amounted to $420.00; THEREFORE be it known that an abatement obligation exists on the property regardless of owner until paid. The current owner of the property is Denbleyker Kenneth at 2815 Grove St, National City, CA 91950 described as follows: APN tt 563 162 32 00 ADDRESS: 2815 Grove St LEGAL DESCRIPTION: Lot 57 Tr 1740 This abatement obligation shall attach to the property, not the owner, and may not be extinguished by a tax sale under the California Revenue and Taxation Code Section 3712. After confirmation by the City Council shall become a special assessment on the property tax hill. If not paid pursuant to State Law and State Fax Lien Law, the property may be sold to satisfy that obligation. The amount of such claim shall he plus interest and other costs which may hereafter become due. This filing does not preclude the filing of legal action for collection. Should such actions he required or determined to be appropriate. reasonable legal fees will he incurred and added to said obligation. DATED: March 10. 2021 BY: Ken Osborn, Fire Prevention Services, Inc., Designee for National City Fire Department Certificate Of Acknowledgement 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 March 10, 2021 before me R Thrasher, Notary Public, personally appeared Ken Osborn, who proved to inc 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. 1 certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WI SS my h. s/.nd offici.seal. CaonNo.2332261 � (Seal) rry f NOTARY PUBLIC - CALIFORNIA SAN DIEGO COUNTY Calrnialon Woo Augusta, 2024 282 528 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A RESOLUTION FOLLOWING A PUBLIC HEARING PURSUANT TO THE NATIONAL CITY MUNICIPAL CODE CHAPTERS 1.36 (ABATEMENTOF PUBLIC NUISANCES) AND 9.12 (ABATEMENT OF WEEDS AND OTHER FIRE HAZARDS) TO CONSIDER CONFIRMING WEED ABATEMENT COSTS, APPROVING THE REPORT AND ACCOUNTING WHEREAS, pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards), when the City Manager, his designee, or the Department Director causes a public nuisance to be abated, the City Manager, his designee, or the Department Director shall prepare a report describing the work performed, an itemized account of the total abatement costs,including the names and addresses of the responsible person for each parcel, and the tax assessor's parcel number (the "Report and Account"); and WHEREAS, the Director of Emergency Services filed with the Office of the City Clerk the Report and Account for weed abatement work done pursuant to National City Municipal Code Chapters 1.36 and 9.12; and WHEREAS, the Office of the City Clerk has given notice of the filing of the Report and Accountand of the time for a Public Hearing by the City Council pursuant to the National City Municipal Code Section 1.36.090, and if the notice was served by posting a copy of the notice, an affidavit of posting such notice has been made and is on file in the Office of the City Clerk; and WHEREAS, on June 1, 2021, the City Council held a Public Hearing at which the Report and Account, and all written appeals, protests, or objections, if any, were duly presented, read, and considered, and all persons desiring to be heard thereon were heard, and the City Council gave all persons an opportunity to submit written testimony with respect to any matter relating to the work, to any act or determination of the Director of Emergency Services, or to any other concerns relating to the work or the costs or the proceedings; and WHEREAS, all persons desiring to submit written testimony or written comments to the City Council have been heard. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: That Public Hearing has been duly held; and Section 2: That each and every step of the proceeding prior to and including thePublic Hearing has been duly and regularly taken; and Section 3: That the City Council is satisfied with the Report and Account, the proceedings and all matters relating thereto, and all protests, objections,or appeals are overruled and denied; and 529 of 731 Resolution No. 2021 - Page Two Section 4: That the City Council approves the Report and Account, attached hereto as Exhibit "A"; and Section 5: That the City Clerk is directed to file with the County of San Diego Auditor, a certified copy of this Resolution. PASSED AND ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 530 of 731 City of National City Weed Abatement Program 2021/2022 Fixed Charge Special Assessments pareejafaliiill 40:0000fMlit[figit41„,,:..,.,„ ,„:!..,.,„i',iiiinita ;0*.d, §tilli;j81111111111111filintgli;;;;gfiliMi;illthiliffililliffill[.,„„:,"2,0;11„1,,,4,,„0011011filliili;iii0II!iiiiilAiliiiiii Iggailliiii!ilinig lOiliiii gil?1!!1;i:1!' 554 201 17 00 $885.28 2325 Melrose St Samaniego Samuel R 4122 Sycamore Dr San Diego CA 92105 557 380 62 00 $1,016.64 Plaza Blvd Mcdonalds Corp Po Box 182571 Columbus OH 43218 557 380 63 00 $926.58 2140 E Plaza Blvd Mcdonalds Corp Po Box 182571 Columbus OH 43218 558 220 35 00 $4,020.82 3040 E 16th St Brown Clara M 10037 Dunbar Ln El Cajon CA 92021 558 320 22 00 $2,546.94 2112 Rachael Ave Casiflas Jose D / Estella V 1626G Sweetwater Rd #161 National City CA 91950 558 320 43 00 $2,540.52 Harbison Ave Duran Alejandro M Revocable 2016 Trust 804 24th St San Diego CA 92154 559 033 03 00 $869.22 Harding Ave Welding Maria G H 727 E San Ysidro Blvd #707 San Ysidro CA 92173 563 162 32 00 $864.86 2815 Grove St Denbleyker Kenneth 2815 Grove St National City CA 91950 '4ii!figifa;{11;::lig Oi!;1$11111ill!iiIIIMilft illi!BiliilliVelilliiglijilliiiiiiMillif 8 Ilj01,4iln1111111111$111011hlifiii5iiA 0111glnnM"1010!"ile 1 :;011;iiIii! 4.J;1i:,,1iikillill!,!:' Total Parcels: Total Assess: $13,670.86 o.) ,LIEIHXR The following page(s) contain the backup material for Agenda Item: Public Hearing and adoption of a Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. (Planning) Please scroll down to view the backup material. 532 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and adoption of a Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. PREPARED BY: Martin Reeder, Principal Planner DEPARTMENT: Comm Development APPROVED BY: PHONE: 619-336-4421 Armando _ - ara, Director 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 a resolution to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would confirm the assessment and order the levy on behalf of the District for Fiscal Year 2021/22 based on the Engineers 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: Assessment funds received from the County Tax Collector are transferred to account 195-0000-3007 for distribution to the Mile of Cars Association, less City inistrative costs. 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: Conduct the public hearing and adopt the resolution confirming the assessment and ordering the levy. BOARD 1 COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Engineer's Report. 2. Resolution. 533 of 731 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 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 2 535 of 731 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 3 536 of 731 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 537 of 731 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) 5 538 of 731 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) 6 539 of 731 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) 7 540 of 731 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(1) for FY 2021/22 6/30/2022 $98,249.00 $500.00 $98, 749.00 (1) A portion of the amount shown ($2,284) is reserve funds held by the City. The remaining portion of reserve funds is held by the District. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 8 541 of 731 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 9 542 of 731 FILED IN THE OFFICE OF THE cITY CLERK OF THE CITY OF NATIONAL CITY R AS DAY of 1990_ CITY CLERK CITY or NATIONAL Q7Y STATE OF CALIFORNIA RECORDED tN THE OFFICE CF THE SUPFRMITENDENT OF STREETS OF IRE CITY OF NATIONAL CITY THIS DAY OF , t996. SUPERINTENDENT OF STREETS CITY OF NATIONAL aTY STATE OF CALIFORNIA AN ASSESSMENT WAS LET'IET/ 0Y THE CITY COUNCIL ON 11$ 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 511211 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 IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY Of SAN DECO, CAL0FORNIA. 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]-01 560-20N-0O EXTERIOR DOUIIOARY 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 SHOWN CURRENT COUNTY ASSESSOR'S FOOT. MAPS ER SHOWN PARCEL TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING 540 9. 6N mamma . lt7REGY1RG • LA00 PIARmHG 4010 RORner llreel. 5** Olye, C.Rfeenle, PJ.III • 010-2*g—'ln0 10 NOTE ORIGINAL SHEET SIZE 18" x 26' 543 of 731 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 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 0 100 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' 544 of 731 N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. i (MILE OF CARS) CITY OF NATIONAL CITY 562-160-07 300' 562-190-32 562-190-33 92' 127 30d 562-340-09 209' 562-150-13 TORrATION AVENUE 562-25i-52 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 ONTACE OF EAG1 PARCEL 13 a 5i0 UPON CURRENT COUNTY ASSESSOR'S VAR'S AND VOW HEREON M RR FOTSO s OT s D11*4 5 100 100 SOD 700 SOD 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 Mil. ENGINEERING - 9L01tLYING - URD PLINRIOG 1710 Rolfe.' gown. Sae Clete. California. P2)11 • e10-Zo2-*+m 12 NOTE: ORIGINAL SHEET SIZE 18' x 26' 545 of 731 N.E. JOB No. 105-f48 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) 13 546 of 731 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) 14 547 of 731 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) 15 548 of 731 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) 16 549 of 731 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) 17 550 of 731 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) 18 551 of 731 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 19 552 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR THE FISCAL YEAR 2021/2022 WHEREAS, the City Council previously completed its proceedings in accordance with and pursuant to the Landscape and Lighting Act of 1972, Part 2, Division 15 of the California Streets and Highways Code (commencing with Section 22500) (the "Act") to establish the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "Assessment District"); and WHEREAS, on May 4, 2021, the City Council adopted a Resolution of Intention to hold a Public Hearing concerning the levy and collection of assessments within the Assessment District; and WHEREAS, a Public Hearing has been held and concluded, and notice thereof was duly given in accordance with Section 22626 of the Act; and WHEREAS, at the time and place specified in the Resolution of Intention, the City of National City conducted such Public Hearing and considered all objections to the assessment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Confirmation of Assessment and Diagram: The City Council hereby confirms the assessment and the diagram as is described in full detail in the Engineer's Report on file with the City Clerk. Section 2: Levy of Assessment: Pursuant to Section 22631 of the Act, the adoption of this Resolution shall constitute the levy of an assessment for the fiscal year commencing July 1, 2021, and ending June 30, 2022. Section 3: Ordering of the Levy: The City Council hereby orders the consultant to prepare and submit the levy of assessments to the County of San Diego for placement on the Fiscal Year 2021/2022 secured property tax roll. Section 4: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 553 of 731 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 enter into a Memorandum of Agreement with the County of San Diego by and through its Health and Human Services Agency (HHSA) Mobile Crisis Response Team (MCRT) for broad range of health and social services to community residents including trauma —informed behavioral health services. (Police) Please scroll down to view the backup material. 554 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: !June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to enter into a Memorandum of Agreement with the County of San Diego by and through its Health and Human Services Agency (1-! HSA) Mobile Crisis Response Team MORT for broad range of health and social services to community residents including trauma —informed behavioral health services. PREPARED BY: Jose Teilez, Chief PHONE: X4511 EXPLANATION: Refer to Attachment. DEPARTMENT: APPROVED BY: FINANCIAL STATEMENT: ACCOUNT T NO. ENVIRONMENTAL REVIEW: NifiN ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Vitgameacm Finance MIS STAFF RECOMMENDATION: !Approve the Resolution BOARD / COMMISSION RECOMMENDATION: NIA ATTACHMENTS: Attachment A: Memorandum of Agreement 555 of 731 EXPLANATION: The pandemic has caused many challenges for communities. One of those areas greatly affected is mental health. In National City, the police department responded to 1154 calls for service compared to 447 calls for service in 2009, an increase of 32%. (Attachment). Factors that have contributed include an increase in homelessness, drug use, and access to drug rehabilitation and mental health care programs. While the calls related to mental illness makes up a small percentage of the calls handled by police officers, they continue to remain the most time consuming. When a detention is made, officers and or paramedics transport individuals to County Mental Health or designated mental health hospitals / facilities. Officers frequently spend hours at the facilities waiting for individuals to be screened and admitted by physicians. In 2020, San Diego County law enforcement agencies responded to an average of 106 mental health calls for service per day. In order to address the mental health issues, the National City Police Department continues to provide crisis intervention and behavioral health training to all police officers. Also, the department has had a long term partnership with the county Psychiatric Emergency Response Team (PERT). Currently, there are two (2) PERT clinicians assigned to National City and provide 7-day coverage. PERT clinicians are paired with officers and they respond to all calls related to mental health. PERT was created to de-escalate mental health emergencies and when appropriate, redirect a person in need to mental health services, rather than a hospital or jail. (SANDAL) In the event a PERT clinician is not on -duty in National City, officers are able to request an on - duty clinician from another jurisdiction. The PERT Program is part of the county's Health and Human Services Agency (HHSA) and it will continue to serve all communities in San Diego County. In order to continue to promote best practices, the National City Police Department and the City Manager's Office is working with HHSA to establish a Memorandum of Agreement to establish a Mobile Crisis Response Team (MCRT) in National City. MCRT will provide non -law enforcement behavioral health intervention services for individuals and connect them to the most appropriate level of health care. It is the first program of its kind in San Diego County in that MCRT will respond to certain mental health calls in place of police officers. When this program is in place, National City police dispatchers will dispatch MCRT to respond to mental health incidents if it meets MCRT criteria. The goal of the MCRT program to redirect mental health calls to behavioral health clinicians, provide timely services to those in need, and re -direct calls away from a law enforcement, as most mental health calls are not criminal in nature. 1 556 of 731 Specsped P,ER, T, Related (AO Entries — County Wide Percent change year aver year 5 rear Area 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 09/101011111/1212/13134414115 15116 16117 174818/1919/2015/20 Carlsbad 324 265 292 312 334 347 509 699 731 790 891 581 -18% 10% 7% 7% d% 47% 37% 5% 8% 13% -35% -17% Chula Vista 1539 1777 1836 2163 1909 1942 2285 2562 2667 2770 2595 2880 15% 3% 13% -12% 2% 1890 12% 4% 4% -6% 11% 12% Coronado 84 82 80 124 112 124 92 133 198 182 157 123 -2% -2% 55% -1090 11% -2691 45% 49% -8% -1491 -22% -8% El Cajon MI MI son 1025 10139 1209 1368 1357 1706 1522 1314 1424 xxxx xxxx xxxx 6% 1196 1391 -1% 26% -11% -1496 8% 3% Escondido 1176 1139 1355 1754 1545 1622 1594 1795 1912 2122 2021 1878 -3% 19% 2996 -1290 596 -29 13% 796 1190 -5% -796 596 Harbor PO 801 939 1092 892 842 17% 16% -13% -6% 5% La Mesa 313 373 457 629 596 659 667 556 607 731 605 511 19% 23% 38% -5% 11% 1% -17% 516 20% -17% -16% -8% National CO 447 407 439 457 450 730 666 874 1004 994 1130 1154 -9% 8% 4% -2% 62% -991 31% 15% -1% 1496 2% 32% Oceanside 616 719 793 1024 966 979 941 708 698 876 1291 1217 17% 10% 29% -6% 1% -491 -1590 -1% 26% 47% -6% 72% San Diego 9641 10833 11892 13770 140721610018247190261838318783118050■ 12% 10% 16% 2% 14% 1391 4% -3% 2% -4% 0% -5% '45Ranch 20 16 33 17 34 34 44 58 54 62 50 55 -200 10690 -48% 10090 0% 29% 32% 10% -3% -19% 10% -5% 'Alpine 122 129 140 142 151 167 191 204 215 188 191 215 6% 996 196 690 119 1491 7% 556 -1390 291 1396 590 'North Coastal 318 337 427 390 429 447 510 479 501 580 552 520 6% 27% -9% 10% d% 14% -696 5% 16% -5% -6% 9% 'Fallbrouk 154 219 236 249 262 291 262 247 339 307 259 272 42% 6% 5% 11% -1091 -6% 37% -9% -16% 5% 10% 'Imperial Beach 157 256 298 308 224 287 276 350 353 406 392 351 63% 16% 3% -27% 28% -091 27% 1% 15% -3% -10% 011 'Lakeside 374 419 482 491 543 619 572 543 554 656 690 672 1191 15% 2% 11% 1496 -896 -5% 2% 18% 5% -3% 2490 'Lemon Grove 220 274 288 335 355 353 419 464 410 408 464 398 25% 596 16% 6% -1% 19% 11% -12% 0% 14% -14% -14% 'Poway 135 187 174 188 211 222 211 243 300 349 319 290 39% -796 8% 12% 5% 49i 5% 2390 16% -9% 990 19% 'Ramona 129 159 183 244 185 218 207 238 229 299 267 240 23% 1590 33% -24% 18% -5% 15% -4% 31% -11% -10% 1% 'Rancho San Diego 509 669 757 757 913 941 915 966 1042 1007 1014 960 31% 13% 0% 21% 396 -3% 6% 8% -3% 1% -5% -1% 'Rural Enforcement 107 149 164 181 172 167 189 196 206 206 242 203 39% 10% 10% -5% -3% 1396 4% 5% 0% 17% -16% d% 'San Marcos 282 291 375 460 473 517 602 607 773 784 849 684 3% 2990 23% 3% 9% 1691 1% 27% 1% 896 -19% 13% 'Santee 263 314 316 316 385 343 393 394 398 445 400 421 19% 196 0% 2296 -1190 1591 090 190 1290 -1096 590 9%I 79 896 'Valley Center 93 91 113 81 132 129 171 165 171 184 166 151 -2% 2d% -28%I 63%I -2% 33%I -4% 4%I 8%I 1091 'Vista 541 554 688 760 721 838 870 910 899 971 953 758 2% 24% 10% -5% 1696 491 5% -1% 8% -2% -20% -17% 'Sheriffs lurisdicii in Totol 3424 4064 4674 4919 5190 5573 5852 6064 6454 6852 6303 6190 199a 15% 5% E%, 7% 591 4% 6% 6% -191 -9% 2% 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2010 0911010(11114212 f 13 13/14 14115 1546 16/1717/18184191912016/20 San Diego CountinindeTotal 17564 19659 21818 26177 26263 29285 32221 33774 34360 35622 34862 344108 12% 11% 20% 0% 12% 10% 5% 2% 496 -2% -291 1% Sauam of Dahr CAR. aV a91613 515Q515W,1145,Hd5 ,,114 -5W 1145T6UN.AERT,, PEHIRECL PERM, PERI iVIlarbu-Soic;do Afton t4 C matt d by the SOSO with help a f ¢R !f o9arau Stier fsurges byaward him 2021 2 557 of 731 CCVMY CF SAN DIEGO VHHSA XEALIX AND HUMAN SERVICES AGBACY LIVE WELL SAN DIEGO MEMORANDUM OF AGREEMENT Parties This Memorandum of Agreement (MOA) is made on XXXX, 2021 between the County of San Diego (County) by and through its Health and Human Services Agency (HHSA) and the City of National City ("City"), by and through its National City Police Department ("NCPD"). The parties to this MOA may be referred to herein collectively as the "parties" or individually as a "party". Recitals WHEREAS, HHSA provides a broad range of health, and social services to community residents including a broad array of trauma -informed behavioral health services based on Biopsychological and Rehabilitation (BPSR) principles that have proved effective in reducing psychiatric hospitalization and assisting individuals in accessing needed behavioral health services. The Mobile Crisis Response Team (MCRT) program is one such behavioral health program; and WHEREAS, NCPD provides law enforcement services in National City, including emergency dispatand WHEREAS, MCRTs are designed to respond to urgent and emergency (non-911) calls in the community, provide a non -law enforcement intervention for individuals in a behavioral health crisis and to connect them to the most appropriate level of behavioral health care; and NINO WHEREAS, MCRT services will be provided and coordinated through a contracted service provider; and WHEREAS, NCPD will enter into an agreement with MCRT contractor(s) to define their respective roles and responsibilities; and 16"11 i WHEREAS, the Parties desire to par . ovide MCRT servicesviduals experiencing behavioral health crisis in the community. THEREFORE, in consideration of the foregoing recitals and the mutual covenants and promises set forth below, and for other good and valuable consideration, receipt of which is hereby acknowledged, the parties hereto agree as follows: Administration of MOA: 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 will become effective upon the receipt of such notice by the other party to this MOA. Notice of the authorized representative shall be sent to each party as follows: County HHSA Behavioral Health Services Administration Attn: Amelia Guingab 3255 Camino del Rio South San Diego, CA 92108 Amelia.Guingab@sdcounty.ca.gov (National City City Manager or Police Chief Name Add address Email Address 1. Parties' Responsibilities: The Parties agree that each maintains its own existing lines of authority for activities and decisions that are distinctly its own. The Parties agree that neither will require nor demand operational modifications to activities that are rightfully the province of the other Party. The Parties also agree to the following: 1 of 5 Comment ITC1]: For National City to s populate 558 of 731 HHSA-G-1.9 Attachment A 1.1. County HHSA, Behavioral Health Services intends to: 1.1.1. Engage a contractor(s) to operate an MCRT program in National City consistent with program requirements. 1.1.2. Require contractor to respond to urgent and emergency (non-911) calls and provide mobile crisis interventions to individuals experiencing a behavioral health crisis and connect them to the most appropriate level of care. 1.1.3. Each team will consist of a Behavioral Health Clinician, Case Manager and/or Peer staff. 1.2. National City intends to: oi 2.2.1 Refer appropriate calls and coordinate MCRT response operating within the City of National City's jurisdiction with the identified County contractor. 2.2.2. Provide HHSA reports related to MCRT and Behavioral Heath calls and referrals. 2.2.3. Collaborate with the County and contractor on the development of law enforcement referral criteria for MCRT deployment. 2.2.4. Collaborate with the County and contractor on the development of law enforcement referral criteria for MCRT deployment consistent with other law enforcement jurisdictions. 3. Liability: Each Party engaging in any assistance pursuant to this MOA agrees that each Party will assume responsibility for the acts, omissions, or conduct of its employees, officers or agents. Each Party shall immediately notify the other party of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the partnership under this MOA. 4. Indemnity: 4.1 Claims Arising from Sole Acts or Omissions of a Party: Each party to this Agreement hereby agrees to defend and indemnify the other parties to this Agreement, their agents, officers and employees, from any claim, action or proceeding against the other parties, arising solely out of its own acts or omissions in the performance of this Agreement. At each party's sole discretion, each party may participate at its own expense in the defense of any claim, action or proceeding, but such participation shall not relieve any party of any obligation unposed by this Agreement. The 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, the parties agreeto 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 the parties agree in writing to a joint defense, the parties may appoint joint defense counsel to defend the claim, action or proceeding arising out of the concurrent acts or omissions of parties. Joint defense counsel shall be selected by mutual agreement of parties. The parties agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as follows: parties further agree that no party may bind another to a settlement agreement without the written consent of all parties. Where a trial verdict or arbitration award, in a joint defense case, allocates or determines the comparative fault of the parties, parties may seek reimbursement and/or reallocation of defense costs, judgments and awards, consistent with such comparative fault. 2 of 5 559 of 731 HHSA-G-1.9 Attachment A 5. Both Parties hereto in the performance of this MOA will be acting in an independent capacity and not as agents, employees, partners, or joint ventures with one another. Neither the HHSA nor the HHSA's employees are employees of the City or NCPD, and are not entitled to any of the rights, benefits, or privileges of the City's or NCPD's employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. Neither the City or NCPD nor the City's or NCPD's employees are employees of the HHSA, and are not entitled to any of the rights, benefits, or privileges of the HHSA's employees, including but not limited to retirement, medical, unemploy—tent, or workers' compensation insurance. 6. Conformance With Rules And Regulations: Both Parties shall be in conformity with all applicable federal, State, County, and local laws, rules, and regulations, current and hereinafter enacted, including facility and professional licensing and/or certification laws and keep in effect any and all licenses, permits, notices, and certificates as are required. Both Parties shall further comply with all laws applicable to wages and hours of employment, occupational safety, and to fire safety, health, and sanitation. 7. Permits and Licenses: The Parties certify that they possess and shall continue to maintain or shall cause to be obtained and maintained, at no cost to the other party, all approvals, permissions, permits, licenses, and other forms of documentation required for it and its employees to comply with all existing foreign or domestic statutes, ordinances, and regulations, or other laws, that may be applicable to performance of services hereunder. Each party reserves the right to reasonably request and review all such applications, permits, and licenses prior to the commencement of any services hereunder. 8. Governing Law: This MOA shall be governed, interpreted, construed, and enforced in accordance with the laws of the State of California. 9. Information Privacy and Security Provisions: Each Party to this Agreement will comply with all applicable statutes, regulations, rules, and/or policies and procedures pertaining to privacy and security including but not limited to Welfare and Institutions Code Section 5328, Civil Code Section 56.10 et seq. and the Health Insurance Portability and Accountability Act (HIPAA). 10. Confidential Information: The Parties may from time to time communicate between or amongst each other, or be in possession of, certain confidential information. Such confidential information shall not be disclosed unless authorized by federal, state or local law. Upon receipt of any request for confidential information by a third party, the Parties agree to advise each other of such request and their subsequent response to such request. The Parties are each subject to the Public Records Act and this provision is not intended to impede or impair the requirements or obligations under that Act. The parties agree to advise each other of any Public Records Act requests and their subsequent response to such requests pertaining to the partnership under this MOA. All press releases pertaining to this specific partnership and work under this specific MOA will be mutually agreed upon and jointly handled according to participating agency guidelines. 11. Third Party Beneficiaries Excluded: This MOA is intended solely for the benefit of County and City. Any benefit to any third party is incidental and does not confer on any third party to this MOA any rights whatsoever regarding the performance of this MOA. Any attempt to enforce provisions of this MOA by third parties is specifically prohibited. 12. Amendments to MOA: Any party may propose amendments to this MOA by providing written notice of such amendments to the other party. This MOA may only be amended by a written amendment signed by both parties. 13. Severability: If any terms or provisions of this MOA or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this MOA, 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 MOA shall be valid and enforced to the maximum extent permitted by law. 3 of 5 560 of 731 HHSA-G-1.9 Attachment A 14. Full Agreement: This MOA represents the full and entire agreement between the parties and supersedes any prior written or oral agreements that may have existed. 15. Scope of MOA: This MOA 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 MOA. 16. Live Well San Diego Vision: The County of San Diego, Health and Human Service Agency (HHSA), supports the Live Well San Diego vision of Building Better Health, Living Safely, and Thriving. Live Well San Diego, developed by the County of San Diego, is a comprehensive, innovative regional vision that combines the efforts of partners inside and outside County government to help all residents be healthy, safe, and thriving. All HHSA partners and contractors, to the extent feasible, are expected to advance this vision. Building Better Health focuses on improving the health of residents and supporting healthy choices. Living Safely seeks to ensure residents are protected from crime and abuse, neighborhoods are safe, and communities are resilient to disasters and emergencies. Thriving focuses on promoting a region in which residents can enjoy the highest quality of life. 12.1. Information about the Live Well San Diego can be found on the County's website and awe site dedicated to the vision: http://www.sdcounty.ca.gov/hhsa/programs/sd/live_well_san_diego/index.html and http://www.LiveWellSD.org 17. Term: This MOA shall become effective on the all of the parties have signed this MOA and be in force until July 1, 2026. Adak 18. Termination For Convenience. Either Party may terminate their participation in this MOU upon delivery of written notice to the other Participating Agency. Termination will become effective thirty (30) days from receipt of such notice. 19. Counterparts: This MOA 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 4 of 5 561 of 731 HHSA-G-1.9 Attachment A Dated: By: Datcd: By: County of San Diego Nick Macchione Agency Director Health and Human ices Agency City of National City 1 Do Not Add a Signature line for County Counsel. 5 of 5 562 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO ENTER INTO A MEMORANDUM OF AGREEMENT WITH THE COUNTY OF SAN DIEGO BY AND THROUGH ITS HEALTH AND HUMAN SERVICES AGENCY (HHSA) MOBILE CRISIS RESPONSE TEAM (MCRT) WHEREAS, the Covid-19 pandemic has caused many challenges for communities, with one of those areas being mental health; and WHEREAS, in National City, the Police Department responded to one thousand one hundred and fifty-four (1154) calls for service in 2020 compared to four hundred forty- seven (447) calls for service in 2009, an increase of thirty-two percent (32%); and WHEREAS, the National City Police Department and the City Manager's Office is working with the County of San Diego by and through its Human Services Agency ("HHSA") to establish a Memorandum of Agreement to establish a Mobile Crisis Response Team ("MCRT") in National City; and WHEREAS, an MCRT will provide non -law enforcement behavioral health intervention services for individuals and connect them to the most appropriate level of health care; and WHEREAS, the MCRT program aims to redirect mental health calls to behavioral health clinicians, provide timely services to those in need, and redirect calls away from law enforcement, as most mental health calls are not criminal; and WHEREAS, the National City Police Department and the City Manager recommend that City Council approve its request that the Mayor be authorized to enter into a Memorandum of Agreement with the County of San Diego by and through its Human Services Agency ("HHSA") to establish a Mobile Crisis Response Team ("MCRT") in National City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council authorizes the Mayor to enter into a Memorandum of Agreement with the County of San Diego by and through its Human Services Agency ("HHSA") to establish a Mobile Crisis Response Team ("MCRT") in National City. 11l 563 of 731 Resolution No. 2021 — Page Two Section 2: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 564 of 731 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and authorizing the Mayor to execute the Agreement.(Engineering/Public Works) Please scroll down to view the backup material. 565 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and authorizing the Mayor to execute the Agreement. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil . DEPARTMENT: Engi: e:: ring/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: On April 16, 2019, per City Council Resolution No. 2019-40, the City of National City entered into an Agreement with West Coast Arborists, Inc. (WCA) to provide grant coordination services in an amount not to exceed $196,000, funded by a CAL FIRE Urban and Community Forestry Grant. The Agreement with WCA was set to expire on March 1, 2020. CAL FIRE granted the City a one-year extension to March 30, 2021. On February 18, 2020, per City Council Resolution No. 2020-22, the City of National City approved the First Amendment to the Agreement with WCA. Due to CO'ID-19, CAL FIRE has extended the performance period to allow the City to complete the activities delineated as part of this grant. staff desires to extend the term of the Agreement with WCA to September 30, 2023, to allow them to continue providing grant coordination services to support City staff with project delivery. FINANCIAL STATEMENT: ACCOUNT NO. NIA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution approving a Second Amendment to the Agreement with West. Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City and authorizing the Mayor to execute the Agreement. BOARD ! COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Second Amendment to Agreement 2. Resolution 566 of 731 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this 1st day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-40 and entered into an Agreement with WEST COAST ARBORISTS, INC. ("the Agreement"), wherein the CONSULTANT agreed to provide grant coordination services, including providing volunteer group workshop training, tree and site selection processing, and matched funds collections to meet the requirements of a grant from the California Department of Forestry and Fire Protection; and WHEREAS, the original term of the Agreement expired on March 1, 2020; and WHEREAS, the extended term of the Agreement expired on March 30, 2021; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement by two years and six months to September 30, 2023 as CAL FIRE extended the performance period to allow the City to complete the activities delineated as part of this grant. NOW, THEREFORE, the parties hereto agree: 1. The Agreement entered into on April 16, 2019 shall be amended to extend the term of the Agreement by two years and six months to September 30, 2023. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 16, 2019, shall remain in full force and effect. // // // Second Amendment — Grant Coordination Page 1 of 2 City of National City and June 2021 West Coast Arborists, Inc. 567 of 731 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: By: Charles E. Bell City Attorney WEST COAST ARBORISTS, INC., A CALIFORNIA COIrtP9RATION (Corporation — signatures ut t yo c orate officers, By: (Name) Patrick Mahoney (Print) President (Title) Richard Mahoney (Print) Secretary (Title) Second Amendment — Grant Coordination Page 2 of 2 City of National City and June 2021 West Coast Arborists, Inc. 568 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR GRANT COORDINATION SERVICES FOR A CAL FIRE URBAN AND COMMUNITY FORESTRY GRANT WHEREAS, on April 16, 2019, per City Council Resolution No. 2019-40, the City of National City ("City") entered into an Agreement with West Coast Arborists, Inc. ("WCA") to provide grant coordination services in an amount not to exceed $196,000, funded by a CAL FIRE Urban and Community Forestry Grant; and WHEREAS, on February 18, 2020, per Resolution No. 2020-22, the City amended the Agreement to extend the term of the Agreement to March 30, 2021; and WHEREAS, due to COVID-19, CAL FIRE has extended the performance period to complete the activities delineated as part of this grant; and WHEREAS, City staff desires to amend the Agreement a second time to extend the term of the Agreement with WCA to September 30, 2023, to allow WCA to continue providing grant coordination services to support City staff with project delivery. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council approves a Second Amendment to the Agreement with West Coast Arborists, Inc. for grant coordination services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and Section 2: City Council authorizes the Mayor to execute the Agreement with West Coast Arborists, Inc. Section 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1' day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 569 of 731 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and authorizing the Mayor to execute the Agreement. (Engineering/Public Works) Please scroll down to view the backup material. 570 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of NationalCity approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023, and authorizing the Mayor to execute the Agreement. PREPARED BY: Carla Hutchinson, Assistant Engineer - CiviIC , DEPARTMENT: Engi ring/Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: On May 15, 2018, per City Council Resolution No. 2018-72, the City of National City ent ed int+ an Agreement with West Coast Arborists, Inc. (WCA) to provide tree planting services in an amount not to exceed $297,500, funded by a CAL FIRE Urban and Community Forestry Grant. The Agreement with WCA was set to expire on March 1, 2020, CAL FIRE granted the City a one-year extension to March 30, 2021. On February 18, 2020, per City Council Resolution No. 2020-2, the City of National City approved the First Amendment to the Agreement with WCA. Due to COVID-19, CAL FIRE has extended the performance period to allow the City to complete the activities delineated as part of this grant. staff desires to extend the term of the Agreement with WCA to September 30, 2023, to allow them to continue providing tree planting services to support City staff with project delivery. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution approving a Second Amendment to the Agreement with West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City and authorizing the Mayor to execute the Agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Second Amendment to Agreement 2. Resolution 571 of 731 SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WEST COAST ARBORISTS, INC. THIS SECOND AMENDMENT TO THE AGREEMENT, is entered into this 1 day of June, 2021, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and WEST COAST ARBORISTS, INC., a California corporation (the "CONSULTANT"). RECITALS WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 2018-72 and entered into an Agreement with WEST COAST ARBORISTS, INC. ("the Agreement"), wherein the CONSULTANT agreed to plant 1,700 trees in the City of National City in an effort to help reduce greenhouse gas emissions; and WHEREAS, the original term of the Agreement expired on March 1, 2020; and WHEREAS, the extended term of the Agreement expired on March 30, 2021. WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement by two years and six months to September 30, 2023 as CAL FIRE extended the performance period to allow the City to complete the activities delineated as part of this grant. NOW, THEREFORE, the parties hereto agree as follows: 1. The Agreement entered into on May 15, 2018 shall be amended to extend the term of the Agreement by two years and six months to September 30, 2023. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 15, 2018, shall remain in full force and effect. // /I // Second Amendment — Tree Planting Page 1 of 2 City of National City and June 202I West Coast Arborists, Inc. 572 of 731 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: By: Charles E. Bell City Attorney WEST COAST ARBORISTS, INC., A CALIFORNIA-CORPORATION (Corporation — signature of twj corporate office By: (Name) By: Patrick Mahoney (Print) President (Title) ame) Richard Mahone (Print) Secretary (Title) Second Amendment — Tree Planting Page 2 of 2 City of National City and June 2021 West Coast Arborists, Inc. 573 of 731 RESOLUTION NO. 2021 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A SECOND AMENDMENT TO THE AGREEMENT WITH WEST COAST ARBORISTS, INC. FOR TREE PLANTING SERVICES FOR A CAL FIRE URBAN AND COMMUNITY FORESTRY GRANT WHEREAS, on May 15, 2018, per City Council Resolution No. 2018-72, the City of National City ("City") entered into an Agreement with West Coast Arborists, Inc. ("WCA") to provide tree planting services in an amount not to exceed $297,500, funded by a CAL FIRE Urban and Community Forestry Grant; and WHEREAS, on February 18, 2020, per Resolution No. 2020 — 23, the City amended the agreement with WCA to extend the term of the agreement to March 30, 2021; and WHEREAS, due to COVID-19, CAL FIRE has extended the performance period to allow the City to complete the activities delineated as part of this grant; and WHEREAS, City staff desires to amend the agreement a second time to extend the term of the Agreement with WCA to September 30, 2023, to allow WCA to continue providing tree planting services to support City staff with project delivery. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council approves a Second Amendment to the Agreement with West Coast Arborists, Inc. for tree planting services for a CAL FIRE Urban and Community Forestry Grant awarded to the City of National City, extending the term of the Agreement to September 30, 2023. Section 2: City Council authorizes the Mayor to execute the Agreement with West Coast Arborists, Inc. Section 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 15t day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 574 of 731 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting the 24th Street Transit -Oriented Development Overlay (TODO) Plan. (Applicant City -Initiated) (Case File 2021-07) (Planning) Please scroll down to view the backup material. 575 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting the 24th Street Transit -Oriented Development Overlay (TODO) Plan. (Applicant City -Initiated) (Case File 2021-07) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: DEPARTMENT: Commevelopment APPROVED BY: Director of Communi 1 -velopment The TODO Study Area encompasses approximately 760 acres of existing developed land in the City of National City and within approximately one mile of the 24th Street Transit Center. The study area is in the southwest corner of the City and is bound by Plaza Boulevard to the north, State Route 54 to the south, Interstate 5 to the west and Highland Avenue to the east. The plan analyzes land uses and provides an expanded vision for the area with land use and mobility recommendations. This vision includes an enhanced streetscape, new opportunities for public spaces, transit -supportive land uses, and improved mobility and parking options. The attached background report describes the plan in more detail. FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Addendum to the 2012 Land Use Update Final Environmental Impact Report (EIR) ORDINANCE: INTRODUCTION: FINAL ADOPTION: X Finance MIS STAFF RECOMMENDATION: Adopt the 24th Street Transit -Oriented Development Overlay (TODO) Plan. BOARD / COMMISSION RECOMMENDATION: The Planning Commission voted to recommend adoption of the TODO Plan. ATTACHMENTS: 1. Background Report 2. TODO Summary Pamphlet 3. Final TODO Plan 4. Public comment from 5/17/2021 Planning Commission meeting 5. Planning Commission Resolution 2021-04 6. City Council Resolution 576 of 731 BACKGROUND REPORT Staff Recommendation Staff is recommending that the City Council adopt the 24th Street Transit -Oriented Development Overlay (TODO) Plan. Overview The TODO Study Area encompasses approximately 760 acres of existing developed land in the City of National City and within approximately one mile of the 24th Street Transit Center. The study area is in the southwest corner of the City and is bound by Plaza Boulevard to the north, State Route 54 to the south, Interstate 5 to the west and Highland Avenue to the east. The plan analyzes land uses and provides an expanded vision for the area with land use and mobility recommendations. This vision includes an enhanced streetscape, new opportunities for public spaces, transit -supportive land uses, and improved mobility and parking options. Key Project Goals • Develop housing and parking policies that support increased housing choices • Identify projects that improve connectivity through the area and across 1-5 • Create Smart Growth and Complete Streets opportunities • Continue development of conceptual plans for the D Avenue Complete Street Project • Explore opportunities for a multi -use path along the Metropolitan Transit System right-of-way and/or Hoover Avenue Smart Growth — the plan supports a compact, efficient, and environmentally -sensitive urban development pattern. It focuses future growth and infill development close to jobs, services, and public facilities to maximize the use of existing infrastructure and preserve open space and natural resources. Complete Streets — the plan identifies street improvements that accommodate and take into consideration the safety of all users, including people who walk, ride a bike, take transit, or drive a car. Westside Specific Plan — the plan preserves and builds upon the Westside Specific Plan (adopted in 2010) and identifies areas to expand housing opportunities, adds design standards for development adjacent to existing residential uses and proposes potential development options to transition non -conforming industrial warehouse uses to mixed - use and community -serving uses that are compatible with existing residential uses. In ATTACHMENT 1 577 of 731 addition, this plan addresses opportunities at and near the transit center site, and with recent investments in Paradise Creek, seeks to strengthen the connection between the creek, transit station and Kimball Park with mobility enhancements and land uses that support access to open space, last mile connectivity and the benefits of living next to this great resource for the city. Project Funding Project Funding for the TODO plan was provided through a Smart Growth Incentive Program Planning Grant from the San Diego Association of Governments. The amount of the grant was $500,000, which was matched with another $60,000 in City contributions. The grant was extended for six months in order to allow more time for public input, but the grant expires on June 5, 2021. Therefore, any further analysis or outreach would be dependent on non -grant funds and staff is recommending adoption to be compliant with the term of the grant. California Environmental Quality Act (CEQA) CEQA Guidelines section 15164 authorizes the lead agency to prepare an addendum to a previously approved Environmental Impact Report (EIR), provided that no substantial changes are made. The CEQA consultant for the project prepared such an addendum and found that the TODO Plan would not result in any new or substantially more significant impacts than those examined in the previous EIR. Furthermore, the plan does not result in any land use changes or any substantial changes to the environment. Planning Commission Hearing Although no approval is technically required from the Planning Commission for plans such as this (other examples are the Homefront to Waterfront and INTRAconnect plans), it was prudent that the Planning Commission provide comment and make a recommendation to the City Council on adopting the plan. This is primarily due to the Commission being involved in discussions and reports on TODO early on. The Planning Commission held a hearing on May 17, 2021, at which time they reviewed the draft TODO Plan. Commissioners asked questions of staff and the consultant team on CEQA, incompatible uses, funding, potential projects, and traffic impacts. Three community members submitted comments to the Planning Commission (Attachment 4), sharing concerns related to viability of the plan, public participation in the process, flooding in the Westside area, and environmental justice. The Commission ultimately made a recommendation to the City Council that the TODO Plan be adopted. 2 578 of 731 Summary It is important to note that plans such as TODO (along with recent transit -focused projects such as Homefront to Waterfront and INTRAconnect) do not create any land use changes or regulations, but rather provide recommendations for future development. Any land use changes would require separate discretionary approval and CEQA analysis. The upcoming Focused General Plan Update is considering changes both to land use (rezoning) and code regulations (permit requirements) based on the TODO recommendations. Staff is recommending adoption of the TODO Plan. Options 1. Adopt the TODO Plan; or 2. File the Report 3 579 of 731 TRANSIT ORIENTED DEVELOPMENT OVERLAY The information presented in this summary pamphlet highlights the key mobility and land use recommendations identified in the TODO. The final document includes additional mobility improvements, parking strategies, land use concepts, environmental justice strategies, and implementation measures. PLEASE VISIT THE CITY'S WEBSITE TO VIEW THE COMPLETE DOCUMENT AND LEARN MORE. www.NationalCityCA.gov • www.24thStTODO.com COMMUNITY OUTREACH PROCESS GOALS: + Transparent planning process + Ensure public input is reflected in the planning output OUTREACH: + Link community members with project communication channels + Inform stakeholders + Convey project goals + Project Website (www.24thStreetTODO.com) = -= + Project Fact Sheet + Public Outreach Plan + Council Briefings + Public Hearings 4 Virtual15 Stakeholder Workshops Meetings 2 Surveys 190 WHAT THE COMMUNITY SAID: Increase housing availability Reduce displacement Improve walking conditions Allow mixed use Support environmental justice Improve biking conditions Survey Responses Focus development on the station area Support culture + the arts Increase transit connections Improve open space + access Increase healthy food options Improve the streetscape 4 ATTACHMENT 2 Key Project Goals 24th St TODO Study Area • I,1 pla?a 6tivd �2 \ 6tr 5 !Station 760 Acres Develop housing and parking policies that support increased choices Identify projects that improve connectivity through the area and across 1-5 Create Smart Growth and Complete Streets opportunities o- National City San Diego �Li cn oln�t, v Acres ` Chula Vista PLAN RECOMMENDATIONS ► Continue development of conceptual plans for the D Avenue Complete Street Project Explore opportunities for a multi -use path along MTS right-of-way and/or Hoover Avenue The TODO project revolves around the 24th Street Transit Center where the Blue Line Trolley and multiple bus routes converge, connecting the community to local and regional employment centers and other major destinations. The mobility recommendations focus on safe street crossings and dedicated spaces for people to ride bicycles, strengthening connections to the 24th Street Transit Center, regional bike network, and local destinations. The land use recommendations complement the existing transit services, help activate public spaces, and increase opportunities for a variety of housing options. New development along with investments in bicycle and pedestrian facilities can establish a livelier environment, activating the public realm and providing "eyes on the street." Together, these changes would help improve connections and provide residents and visitors with safe and comfortable transportation options. I r,Rfl of 7�1 Mobility Improvements + Street Sections + Plans 22nd Street, from Wilson Avenue to D Avenue v 24th Street, from National City Boulevard to Highland Avenue •••••••••,••�,•a atrrlurfll• Hoover Avenue, from 22nd Street to 33rd Street ...................••••••. 3oth Street, from Hoover Avenue to Highland Avenue CIVIC CENTER DR 27TH ST National City Middle School 06 HST Sweetwater Union High School 30TH ST 1 Sweetwater River of a 54 3AV ONV1H9IH I NATIONAL CITY CHULAVISTA 500 1,000 i Ft —•—•• Project Boundary Transition Blocks * Transit Center Intersection Improvement F---. Regional Bikeway ,.•.,- I Street -Focused Development Neighborhood Corner/Anchor 1, Signalized Intersection W Improvement — — Trolley I ' 1 Open Space Connection ,—,. Mixed Use Corridor (..) 1-5 Crossing Enhancement Intersection Improvements 6t .1; 1 ADVANCE STOP BAR r CURB EXTENSION PEDESTRIAN COUNTDOWN SIGNAL _ HIGH VISIBILITY CROSSWALK ADA ACCESSIBLE/ CURB RAMP NO RIGHT -TURN cr-ON RED LEAD PEDESTRIAN INTERVAL Land Use Recommendations ❑2 Paradise Creek Gateway: Beautify Paradise Creek with activities and a mix of land uses on each end of the Creek at the 24th St. Station and on West Ave. Neighborhood Corners: Provide neighborhood gathering spots that are easy and safe to walk to and a place for shops, restaurants, and other activity at the corner. Mixed -Use Corridors: Connect the East and West neighborhoods ofTODO with a greater mix of uses that lead to transit and a safe and pleasant walking and biking environment. Transition Blocks: Blocks behind the Mile of Cars can change overtime to include new buildings and uses that match more closely with the residential neighborhood. Activate Hoover Ave: Make Hoover Ave. a better street to walk and bike along with active land uses on each side and a connection to the Bayshore Bikeway. 581 of 731 The City of National City TRANSIT ORIENTED DEVELOPMENT OVERLAY FINAL DRAFT May 18, 2021 6 ATTACHMENT 3 582 of 731 Acknowledgments City Council MayorAlejandra Sotelo-Solis Vice Mayor Jose Rodriguez Councilmember Marcus Bush Councilmember Mona Rios Councilmember Ron Morrison Planning Commission Maria Dela Paz, Chair Ricardo Sanchez, Vice Chair Claudia E. Valenzuela Luis Natividad William Sendt DitasYamane Damian Roman City Manager's Office City Manager Brad Raulston Assistant City ManagerTonyWinney City Staff Martin Reeder, Principal Planner Jose Lopez, Deputy City Engineer Community Members Many thanks to all the community members who attended the community workshops and participated in the development of this plan. Consultant Team CR Associates (formerly Chen Ryan Associates, Inc.) Citythinkers, Inc. RED Office Harris & Associates Neri Landscape Architects ffAI/a�l/et This project was funded by a TransNet Smart Growth Incentive Grant. CALIFORNIA NATIONAL car r7VCORPORP.T'E:) 7 583 of 731 01 02 03 Table of Contents Introduction 1.1 Project Purpose & Goals 1.2 TODO Vision 1.3 Community Outreach Process Existing Conditions 2.1 Project Context 2.2 Existing Conditions 2.3 Environmental Justice Mobility 9 9 11 IS 19 28 3.1 Mobility Concepts & Goals 3o 3.2 Intersection Crossing Enhancements 32 3.3 Interstate 5 Crossing Enhancements 34 3.4 22nd Street 36 3.5 �4cn Street 40 3.6 Hoover Avenue 42 3.7 3o`h Street 44 3.8 D Avenue 46 3.9 Bicycle Network Modifications 48 3.10 Vehicular Network Modifications 5o 3.11 Mobility Hubs & NEV Shuttles 52 04 05 Land Use & Design 4.1 Land Use Concepts & Goals 4.2 Land Use Recommendations 4.3 Design Standards Implementation 55 56 64 5.1 Site Opportunities & Constraints 67 5.2 Development Prototypes 72 5.3 Parking Strategies 8o 5.4 Mobility Infrastructure Implementation 8o Appendices A. Mobility Existing Conditions B. Urban Form Existing Conditions C.TOD Feasibility Study D. Mobility Technical Report E. Project Surveys & Outreach Summaries 8 TRANSIT OP'"�7'"' DEVELOPMFN 584 of 731 LIST OF FIGURES Figure 1-1: Project Study Area 8 Figure 3.-2: io-Minute Neighborhood Concept i0 Figure 3.-3: Surveys & Project Website xs Figure 3.-4: Survey Responses 14 Figure 2-2: Vicinity Map 18 Figure 2-2: Existing Land Use Distribution z9 Figure 2-3: Existing Land Uses 21 Figure 2-4: Existing Block Patterns 22 Figure 2-5: Representative Streets 23 Figure 2-6: Representative Buildings 24 Figure 2-7: Pedestrian Opportunities and Constraints 26 Figure 2-8: Bicycle Opportunities and Constraints 26 Figure 2-9: Transit Opportunities and Constraints 27 Figure 2-ao: Vehicular Opportunities and Constraints 27 Figure 3-3.: Mobility Framework 3z Figure 3-2: High Visibility Crosswalk, Advance Stop Bar, ADAAccessible Curb Ramps, Pedestrian Countdown Signal 32 Figure 3-3: ADA Accessible Curb Ramps, Pedestrian Countdown Signal 32 Figure 3-4: Signalized Intersection Improvement Locations 33 Figure 3-5: 1-5 Crossing Enhancement Locations 34 Figure 3-6: I-5 Undercrossing Enhancements at lgth Street 35 Figure 3-7: 22nd Street Overview Map 36 Figure 3-8: 22nd Street, from Wilson Avenue to Hoover Avenue 37 Figure 3-9: 22nd Street, from Hoover Avenue to National City Boulevard 38 Figure 3-1o: 22nd Street, from National City Boulevard to B Avenue 39 Figure 3-11: 24th Street Overview Map 40 Figure 3-12: 24th Street, from F Street to Highland Avenue 41 Figure 3-13: Hoover Avenue Overview Map 42 Figure 3-14: Hoover Avenue, from 24th Street/Mile of Cars Way to 33rd Street 43 Figure 3-15: 3oth Street Overview Map 44 Figure 3-16: 3oth Street, from Hoover Avenue to National City Boulevard 45 Figure 3-17: D Avenue Overview Map 46 Figure 3-3.8: Bicycle Facilities 49 Figure 3-19: Vehicular Modifications 51 Figure 3-2o: Mobility Hubs and NEV Shuttle Routes 53 Figure 4-1: Land Use Framework Map 56 Figure 4-2: Example of development adjacent to open Space 57 Figure 4-3: Active uses on each end of the Creek 57 Figure 4-4: Example of a "galleria" of active educational and retail uses that lead to the station 57 Figure 4-5: Example of a Multi -Use Path along a Creek 57 Figure 4-6: Paradise Creek Gateway Concept Illustrative 58 Figure 4-7: Example of Creek Restoration crossing West Ave 5 9 585 of 731 Figure 4-8: Paradise Creek Gateway Plaza at County Building & Transit Station S9 Figure 4-9: Hoover Ave. Transition Area 6o Figure 4-10: Example of an Active Street Corner 6o Figure 4-11: Narrow Buildings in Front of Business Park Uses 6o Figure 4-12: National City Blvd. / "Mile of Cars" 61 Figure 4-13: Mixed -Use Corridor along 22nd and 24th Streets 61 Figure 4-14: Transition between Commercial Automotive and Residential 62 Figure 4-15: Mixed -Use Corridor along 22nd and 24th Streets 62 Figure 4-16: Key Intersection/ Corners on Highland Ave. 63 Figure 4-17: Example of an Active Corner 63 Figure 4-18: Existing Residential next to Industrial in Westside Area 65 Figure 5-1: Ribbon Screen: Typical Unit Floor Plan and Section 72 Figure 5-2: Ribbon Screen: Example Location 72 Figure 5-3: Ribbon Screen: Typical Parking Layout 72 Figure 5-4: Ribbon Screen: Example Elevation 72 Figure 5-5: Transition Block: Example Site Layout 73 Figure 5-6: Adaptive Reuse: 3D View showing reuse of a masonry warehouse for educational use 74 Figure 5-7: Adaptive Reuse: 3D View showing reuse of mechanic garage for grocery/ market 75 Figure 5-8: Adaptive Reuse: 3D View showing reuse of mechanic garage for "mom and pop" retail uses 76 Figure 5-9: Pencil Towers: Conceptual 3D View showing how towers may be sited within block development 77 Figure 5-1o: Bungalow Courts: Conceptual 3D View 78 Figure 5-11: Bungalow Courts: Conceptual Site Plan 78 Figure 5-12: Corner Infill: Conceptual example of activated street corner 79 Figure 5-13: Grant Competitive Areas 8i LIST OF TABLES Table 5-1: Prevalent Site Opportunities and Constraints 67 Table 5-2: Grant Funding Sources 82 Table 5-3: Intersection Enhancements 83 Table 5-4: Roadway Enhancements 84 10 586 of 731 Page Intentionally Left Blank 11 587 of 731 01 Introduction 1.1 Project Purpose & Goals 1.2 TODO Vision 1.3 Community Outreach Process 1.4 Community Input 12 588 of 731 01 INTRODUCTION City of San Diego t D15\Q� 5 Zag�Nd pia 1 00° • t San Diego Bay t 1 1 1 1 1 I� 11 1' City of National City City of Chula Vista Figure 1-1: Project Study Area 13 pg 8 24th Street TODO - DRAFT FOR PUBLIC REVIEW 589 of 731 01 INTRODUCTION 1.1 PROJECT PURPOSE & GOALS The TODO Study Area encompasses approximately 760 acres of existing developed land in the City of National City and within approximately one mile distance from the 24th Street Transit Center. The study area is in the southwest corner of the City, and is bound by Plaza Blvd. to the north, SR-54 to the south, 1-5 to the west and Highland Avenue to the east. A map of the study area is show in Figure 1-1 on the preceding page. The plan analyzes land uses and provides an expanded vision for the area with land use and mobility recommendations. This vision includes an enhanced streetscape, new opportunities for public spaces, transit -supportive land uses, and improved mobility and parking options. KEY PROJECT GOALS + Develop housing and parking policies that support increased housing choices + Identify projects that improve connectivity through the area and across 1-5 + Create Smart Growth and Complete Streets opportunities + Continue development of conceptual plans for the D Avenue Complete Street Project + Explore opportunities for a multi -use path along MTS right-of-way and/or Hoover Avenue Smart Growth —the plan supports a compact, efficient, and environmentally -sensitive urban development pattern. It focuses future growth and infill development close to jobs, services, and public facilities to maximize the use of existing infrastructure and preserve open space and natural resources. Complete Streets —the plan identifies street improvements that accommodate and take into consideration the safety of all users, including people who walk, ride a bike, take transit or drive a car. Westside Specific Plan — the plan preserves and builds upon the Westside Specific Plan (adopted in 2oso) and identifies areas to expand housing opportunities, adds design standards for development adjacent to existing residential uses and proposes potential development options to transition non -conforming industrial warehouse uses to mixed -use and community -serving uses that are compatible with existing residential uses. In addition this plan addresses opportunities at and near the transit center site, and with recent investments in the Paradise Creek, seeks to strengthen the connection between the creek, transit station and Kimball Park with mobility enhancements and land uses that support access to open space, last mile connectivity and the benefits of living next to this great resource for the city. 1.2 TODO VISION The 24th Street Transit Oriented Development Overlay (TODO) Plan envisions a 10-minute neighborhood formed by a Golden Triangle of connecting land uses, streets and public spaces with: + Paradise Creek connecting the 24th St. Transit Station to the San Diego Bay and Downtown National City; + D Ave. as a Main Neighborhood Connector between Plaza Blvd & 24th Street; + 22nd St. as a Major East-West Bicycle and Pedestrian Connection from the transit station to the neighborhoods and; + Mobility Improvements and Land Use Recommendations that anchor the area to the City and the greater San Diego Region The following represents some of the key elements of the Vision: + Strengthen pedestrian connections to the transit station (especially along 22nd St) + Add more trees and vegetation + Increase safety and add traffic calming + Add open space/parks within new developments + Increase pedestrian and bike facilities + Increase opportunities for affordable housing and a mix of land uses + Improve the area immediately around the Transit Center DRAFT FOR PUBLIC RE\ 590 of 731 01 INTRODUCTION PROPOSED FRAMEWORK - 10-MINUTE NEIGHBORHOOD Figure 1-2: io-Minute TO "it Neighborhood Concept 0 o�itiatit II JP tJ% Cent��1.. P�eS�n Plata Blvd r L 24tn ..r S`Nee� rqo� A 10-minute neighborhood is a place designed with all those things one might need close - by. A place with safe, clean and affordable housing choices, access to parks and open space, healthy food options, education and healthcare all within a safe, convenient and accessible walking and bicycling distance so that residents have most of all they need to live a productive and healthy life in their neighborhood. Legend: n CREEK BAYSHORE BIKEWAY & SWEETWATER TRAIL GREEN STREET LINEAR PARK/ OPEN SPACE CONNECTION NODE 24th Street TODO - DRAFT FOR PUBLIC REVIEW 15 591 of 731 01 INTRODUCTION 1.3 COMMUNITY OUTREACH PROCESS As part of the planning process for the TODO, a Public Outreach Plan (POP) was created with input from City staff, the consulting team, and key community stakeholders. The POP outlined a detailed approach for conducting an integrated technical planning and public participation process in support of the project goals. The POP outlined the overall approach to and goals for public outreach, stakeholder interviews, target audiences, time -frames, activities, and roles and responsibilities of the project team and community partners. The results of these activities provided meaningful input from the breadth and diversity of city's residents, employers, property owners, community groups and other interested stakeholders. PUBLIC PARTICIPATION GOALS The goal of public outreach was to share project information, solicit feedback, identify community issues or concerns that the project team should consider, and inform the development and selection of recommendations. Specific goals included: + To provide a transparent planning process + To inform stakeholders so they understand the project need, purpose, benefits, process, and opportunities to become engaged and provide feedback + To convey project goals and key messages, clearly, accurately, coherently and consistently + To engage more closely with key stakeholders in the study area through one-on-one interviews that provide a format for focused conversation and feedback + To design and implement engaging activities to provide clear and easily accessible opportunities for community input about the priorities of projects and recommendations contained in the Transit Oriented District Overlay + To facilitate seamless coordination of the public participation process with the technical planning process to ensure public input is reflected in the planning output + To link community members with project communication channels to promote ongoing project awareness and communication The following represents the key outreach events and components: + Project Website (www. 24t h St re etTO D O. c o m ) + Project Fact Sheet + Public Outreach Plan + 2 Online Surveys (igo completed) + 4 Virtual Workshops + 15 Meetings with Stakeholders + Additional Community Presentations + Council Briefings/ Public Hearings 24th Street TODO { Transit Oriented Development Overlay 16 Figure 1-3: Surveys & Project Website DRAFT FOR PUBLIC REVI 592 of 731 01 INTRODUCTION STAKEHOLDER INTERVIEWS AND TARGET AUDIENCE The target audience for outreach efforts for the TODO POP includes the City of National City as a whole and the residents and employers located in the study area. The outreach effort and approach endeavored to involve community members of all backgrounds and interests, including those who are primarily Spanish-speaking community members, by providing bilingual communication and involvement materials and by using a variety of outreach methods. One approach that worked well, especially given the restrictions in place during the COVID-19 pandemic, was one-on-one interviews and meetings. Key stakeholder representative groups (primarily consisting of community organizations, property owners and representatives of property owners) were engaged through one-on-one or small group meetings and interviews. This format facilitated more in-depth and informal conversation, breaking down the barriers we often experience with online webinars and large virtual meetings. The one-on-one interviews also helped the project team identify issues, concerns, and opportunities that factored into the TODO analyses and Plan recommendations and allowed the City to base decisions upon authentic community input and to demonstrate responsiveness to future needs. A summary of the meetings and events, webinar recordings, copies of the surveys and presentations as well as all input received is included in the Appendix to this plan. EVENTS AND ACTIVITIES Due to COVID-19 restrictions on group gatherings, planned pop-up events at the 24th Street Transit Station, Fenton Shopping Center, and the library in late March 2020 were canceled. In lieu, the project team hosted additional virtual events, one-on-one meetings and one additional survey which was distributed online and in paper format. At the request of some community members and partners, additional one-on-one and group stakeholder interviews were conducted to provide stakeholders more opportunity to learn and provide input. A total of 15 stakeholder meetings were held, including with MTS, UCSD, property owners, and community organization representatives, such as the Environmental Health Coalition, Olivewood Gardens, and Paradise Creek Educational Center. An additional land use focused survey was added to the outreach effort (English and Spanish). This survey was made available on the project website and in paper copies upon request. Local community organizations assisted in publicizing and distributing the survey in order to increase the outreach to members of the community with limited Internet access. Phase I — Project Initiation and Existing Conditions (Winter/Spring 2020) + Project Website: www.24thStreetTODO.com + Project Fact Sheet (English and Spanish) + Online Survey#1 (English and Spanish) + Six (6) Stakeholder Interviews with a focus on property owners + Public Event #1 (Virtual Workshop) - Took place the evening of May 27, 2020 The purpose of this event was to: • share work completed to date • discuss land use and mobility opportunities • collect input on what types of land uses are needed • identify where to focus mixed -use development • identify where to focus mobility improvements • discuss potential mobility trade-offs Phase II — Develop and Refine Recommendations (Spring -Fall 2020) + Nine (9) Stakeholder Interviews with a focus on community organizations and partners + Online Survey#2 (English and Spanish) + Public Event #2 (Virtual Workshop) —Took place in the evening of July 28, 2020. The purpose of this event was to: • present the work completed to date • discuss initial draft recommendations 17 pg 12 24th Street TODO - DRAFT FOR PUBLIC REVIEW 593 of 731 01 INTRODUCTION + Public Event #3 (Virtual Workshop) —Took place in the evening of October 28, 2020. The purpose of this event was to: • share land use survey results • present Transit -Oriented Development Feasibility and prototype concepts • discuss California Environmental Quality Act (CEQA) Process Phase III —TODO Plan Development and Adoption (Winter/Spring 2021) + Public Event #4 (Joint Virtual Meeting of City Council/ Community Development Commission & the Housing Advisory Committee) — Took place in the evening of January 26, 2021. The purpose of this event was to: • provide a project overview and brief City Council and Housing Advisory Committee Members • present land use and mobility recommendations + Planning Commission Hearing (Virtual Meeting) - Spring 2021 + City Council Hearing (Virtual Meeting) - Spring 2021 1.4 COMMUNITY INPUT Throughout the planning process, multiple "touch points' with community stakeholders and organizations provided opportunities to engage on topics of the plan and gather a breadth of input. The feedback, concerns and suggestions that stakeholders offered were thoroughly documented and they informed the development of this plan, providing meaningful guidance and focus to the planning effort. Detailed summaries of the meetings and events, webinar recordings, surveys and presentations are included in Appendix _ of this plan. The following are some of the highlights and themes of the input received: SURVEYS Two surveys were made available online on the project website (www.24thStreetTODO.com) and in paper format (English and Spanish). Both surveys were advertised through the City of National City and project email distribution lists, the project website, and during the public events/ workshops. The first survey was initially intended to be open from late January 2020 through the end of April 2020. However, it remained open through early June 2020 due to canceled in -person outreach events resulting from COVID-19. The second survey was open from late August 2020 through the end of September 2020. Seventy-seven (77) unique surveys were submitted for the first survey and one -hundred thirteen (113) unique surveys were submitted for the second survey. The main topics covered in the surveys were: + What types of housing is needed and where it should be located + What land uses are most important + Areas that are perceived as comfortable or uncomfortable for walking and biking, and why + Transit station access + Land use concepts + Transit -oriented development concepts + Environmental justice 18 DRAFT FOR PUBLIC REVI 594 of 731 01 INTRODUCTION Key Takeaways: + A majority of respondents identified housing as a priority for the TODO, and prefer it be located near the existing transit station and community infrastructure (such as schools and parks) and away from freeways and polluting uses (such as industrial); + A preference for affordable housing, family housing and townhomes; + A desire to see mixed -use and public spaces the near the transit station and existing commercial; + People enjoy walking in safe areas (such as Kimball Park and Paradise Creek) and in areas with wide and ample sidewalks, good lighting and safe street crossings; + People feel uncomfortable walking in areas with poor lighting, dangerous street crossings and high speed automobile traffic; + People feel uncomfortable biking in areas close to high-speed automobile traffic and where they are too close to traffic; + Two of the top obstacles to transit ridership identified in the survey were that the existing routes do not meet needs and that the distances to reach the transit station are too far; + A majority of respondents (70%) agreed that there should be greater activation of the northern blocks of the Paradise Creek (between 18th St and 16th St., Hoover Ave. and National City Blvd. with more housing, retail, an educational campus, and/or mixed -uses; + Support for adding mixed -use along Hoover Ave. provided that housing is away from polluting industrial; + Support for changing the blocks along 22nd St. and 24th St. at National City Blvd., to allow mixed -use provided that the Mile of Cars is not negatively impacted; + There was interest in promoting a more pedestrian - oriented and safe environment for corner retail along Highland Ave; + A range of interest was expressed in promoting greater environmental justice in the TODO area through a variety of goals, with the primary goals being focused on affordable housing, access to parks and open space, and a safer and more pleasant pedestrian environment. One comment that stood out was "it would be great for the community to see more green streets and accessibility to all, especially in Highland. More walkable and safe space to lift the community. Access by different modes of transportation and a safe space for mix use, restaurants, and people to just walk and spend time out. It already behaves sort of urban, but it lacks the accessibility, feel, and space that modern urban spaces have." 35 3 2 70 I5I— L 02- Where should new housing be located within the TODO Study Area? (Mark all that aPPIY) New t11e exigible tr 3raiS il'atl{vl Near SYIlstirl9 M1tear *elk)! 14018 cornmerclal • tiro- the. Fifer @u istmg Other fieewaya to tits 3. What do you think about encouraging devebpment and activation of the northern end of the creek (the blocks between 18th St and 16th St, Hoover Ave and National City Blvd)? This could be a site for more housing, an educational campus. retail and a mix 35 37% 10 25 70 15 10 0 Strongry Agree 3391, Agree u•+ iTII. Neutral Orsagree Strongly Orueree Other/Comment Figure 1-4: Survey Responses Summaries of the meetings and events, webinar recordings, copies of the surveys and presentations as well as input received were posted on the project website and made available in English & Spanish. Paper copies were made available upon request to the City Project Manager. 19 24th Street TODO - DRAFT FOR PUBLIC REVIEW 595 of 731 01 INTRODUCTION ONE-ON-ONE STAKEHOLDER INTERVIEWS The City of National City, its consulting team and key stakeholders representative of property owners in the Transit Oriented District Overlay study area participated in six (6) one-on-one interviews that took place during the course of two months, from October 3, 2019 to November 14, 2019. The purpose of the interviews was to identify key opportunities and challenges related to the development of the transit district area. Subsequent to the first round of interviews, an additional nine (9) one-on-one stakeholder meetings were held with key stakeholders representative of public agencies, non-profit organizations and additional property owners with interests in the Transit Oriented District Overlay study area. The meetings took place during the course of two months, from June 2020 to July 2020. The purpose of the follow-up interviews was to learn about the goals, opportunities, and challenges facing key community organizations and partners, and to discuss land use and mobility concepts within the study area. The discussions were open ended and specific to each stakeholder's interests. The following summarizes the key points discussed or recommended by the various representatives: Key Takeaways: + Location: The TODO area is a desirable and central location, with great property access and visibility; + Culture: There was an expressed desire to support diversity of culture and arts in the area; + Westside / Old Town: The Westside Specific Plan has resulted in some implementation challenges (setback, floor area ratio, and height requirements make development difficult); + Improved Connections: There is a desire for improved connections to the 24th Street Transit Station, Paradise Creek and Kimball Park, with 22nd St. as a major connector. Specific mobility issues were identified, including the need for improved access across 1-5 to Pepper Park and the Sweetwater Bike Path, pedestrian crossings that are audible and visual, more bike racks on 8th Street, more bike facilities, and sidewalk repairs on D Avenue and 27th Street. The intersection of 24th Street and Highland Avenue was identified as a concern for pedestrian mobility and the potential for a bridge across 1-5 was mentioned on several occasions. There is interest in enhancing and activating Hoover Avenue with streetscape improvements and to find better use of parking lots; + Public Participation and Environmental Justice: Environmental Health Coalition representatives expressed a need for greater community engagement and public noticing of the project and future participation opportunities were discussed. Slowing the project schedule and overall process was recommended. Documentation of baseline issues related to Environmental Justice and an existing land use inventory and assessment was requested. Affordable Housing, displacement and gentrification were voiced as Environmental Justice topics that should be addressed or considered to help respect the existing demographic group and ensure their needs are met; + 24th St. Transit Center Site: Discussion with MTS and UCSD representatives focused on opportunities at the 24th St. Transit Center site. AB1486 impacts what MTS can do with the site. The legislation envisions all transit sites need to include affordable housing, and the concept of a "ribbon" building prototype was discussed that could wrap a parking structure with housing and an active ground floor. The potential for expanded educational uses (such as a UCSD Extension facility) were considered. Preserving bus operations is a priority and is one of the key considerations for any site redevelopment; + Healthy Food: Access to healthy foods was a theme and the concept of re -purposing warehouses for grocery stores or produce markets was discussed and supported. Olivewood Gardens is interested in advancing their "Kitchenistas" program through access to a commercial community kitchen that could potentially be used as a food distribution; + Housing: There was general support for expanding additional housing opportunities in the study area. The area surrounding the 22nd Street and National City Boulevard intersection was identified as a suitable location for additional housing. The concept of housing along Hoover Avenue south of Mile of Cars/24th Street was generally supported. The TODO should also propose strategies to facilitate implementation of Accessory Dwelling Units (ADU) and support retention of single-family homes in the Westside; + Habitat: Opposition was voiced by a representative of the Paradise Creek Education Center to any additional structures closer to the Creek. The concept of a pedestrian/bicycle bridge connecting Hoover Avenue across the Creek was discussed and opposed due to concerns to habitat disruption and creating hazardous conditions for low flying birds (Brown Pelican); 20 DRAFT FOR PUBLIC REVI 596 of 731 01 INTRODUCTION + Open Space: Open space opportunities include + Flexibility: Several property owners expressed a a plaza near the 22nd Street and Wilson Avenue need for greater development flexibility as market intersection. The southeast corner of this intersection demands continue to shift during COVID-19. could be an opportunity to further restore the Creek habitat and also create a plaza; + Flooding: The flooding issues experienced along 18th Street near the Creek were raised as an issue that persists. The potential for closing 18th Street to vehicular traffic to facilitate more natural draining into the Creek was discussed as likely infeasible due to the importance of this roadway for vehicular connections such as 1-5 ramps. Other strategies are needed to address flooding; PUBLIC EVENTS / VIRTUAL WORKSHOPS The City of National City hosted four virtual workshops in support of the 24th Street Transit Oriented Development Overlay (TODO) project. Due to ongoing public health concerns related to COVID-19, the workshops were hosted virtually via Zoom and live streamed on Facebook Live. Spanish translation was provided for some of the workshops. The workshops were advertised via the City of National City email distribution list, City website, and City social media platforms, as well as the project website (www.24thStreetTODO.com), project email distribution list, and project Facebook page. Thirty-five (35) to Fifty-three (53) unique viewers participated through Zoom, while additional viewers streamed on Facebook Live. A copy of the workshop presentation and recording of each webinar were made available on the project website following each meeting. The virtual workshop format consisted of a webinar presentation by project team panelists, followed by open discussion. Zoom participants were able to respond to a series of live polling questions and had the opportunity to share thoughts with all attendees through the chat feature, or request to speak. The Q & A feature allowed participants to submit questions directly to the panelists, with responses provided through text or by panelists speaking to the group. A detailed summary of the workshop polling questions, chat and Q&A comments and responses, as well as a summary of verbal feedback is provided for each of the four workshops in Appendix E of this plan. The following are some of the highlights of the four workshops: Key Takeaways: + A desire to see more housing and mixed use; + A focus on the 24th St. Transit Station and a desire for a greater mix of uses and public open spaces in the immediate area of the station; + An interest in improving connectivity in the area, with the greatest priority being safety near known collision locations and a potential bridge connection across 1-5 to the Bay and Pepper Park; + Concern related to gentrification and displacement; + A need for more affordable housing; + An awareness of the key mobility challenges in the area, focusing on safety, traffic, walkability, bicycle facilities, parking, and mobility hubs; + Concerns related to locating residential next to polluting industrial uses; + A commitment to preserving the Westside Specific Plan. 21 24th Street TODO - DRAFT FOR PUBLIC REVIEW 597 of 731 02 Existing Conditions 2.1 Project Context & Location 2.2 Existing Conditions 2.3 Environmental Justice 598 of 731 0 2 EXISTING CONDITIONS 2.1 PROJECT CONTEXT The TODO is located in the City of National City. National City is in a premier location within the heart of the greater San Diego metropolitan area, approximately five miles south of Downtown San Diego and eleven miles north of the Mexican border (Refer to Figure 1-1, Regional Location). It encompasses 9.2 square miles and is bordered by the City of San Diego to the north and east, the San Diego Bay to the west, and the City of Chula Vista to the south. National City is San Diego County's second oldest city and was incorporated on September 17, 1887. It has a long and rich history. The land that National City now occupies was originally home to the Jamacha Tribe of the Diegueno Indians and was later used by Spanish soldiers to graze horses. It was part of the 26,000-acre El Rancho de la Nacion Spanish land grant. In 1868, the Kimball brothers purchased vast areas of the city and cleared the lands, built roads, constructed the city's first wharf and brought the first railroad into town. The Kimballs were also responsible for opening the first post office and the first library in National City. The city is well know for its role in the automotive industry and its "Mile of Cars." National City's automotive heritage began in 1go4 when Ralph Granger bought the first car in the city and Clarence and William Hunt opened the first auto dealership. Auto sales have been a staple of the city ever since and the "Mile of Cars" has an undeniable presence in theTODO study area in particular.' The City's population (as of 2019) is approximately 61,394 people2. National City is an urbanized and diverse residential, commercial, and industrial area with a majority Hispanic Population (more than 6o%)2. National City is a charter city, and features a council/ manager form of government consisting of four elected council members, and a separately elected mayor. Figure 2-1: Vicinity Map PACIFIC OCEAN TIJUANA, MEXICO 1. National City General Plan 2. U.S. Census: https://www.census.gov/quickfacts/nationalcitycitycalifornia 23 24th Street TODO - DRAFT FOR PUBLIC REVIEW 599 of 731 0 2 EXISTING CONDITIONS 2.2 EXISTING CONDITIONS The TODO study area displays many of the characteristics desired to support aTransit-Oriented Community. The existing grid network of streets and compact blocks and a network of pedestrian and bicycle infrastructure in some areas of the study area support a walking environment. The area is served by light rail at the 24th Street station and multiple bus routes along major north -south and east -west corridors (such as National City Blvd. and Mile of Cars Way/24th Street). A mix of uses, from single-family to multi -family residential, commercial automotive, commercial retail, industrial and institutional offer several opportunities for employment, housing, and retail. Existing zoning in select areas permits densities that support transit and enable new mixed -use development to occur. The 24th Street Transit Center is one of two light rail transit centers in National City (the other is on 8th St.) and serves as the main transit hub for the City of National City.The Blue Line Trolley provides service to a mix of uses in the immediate area, including employment uses, the Mile of Cars, residential neighborhoods, the Adult Education Center, and retail/ shopping. Despite the multitude of uses around the transit center, mobility improvements to facilitate walking and bicycling to the transit station are much needed. The TODO study area contains a diverse mix of uses but lacks infrastructure, public amenities, and additional commercial service options to function as a complete neighborhood that promotes alternative modes of transportation and that is a desirable and attractive place to walk and bike. The National City Boulevard corridor (or Mile of Cars), is a primary commercial corridor that bisects the study area north -south. It is within comfortable walking distance of the transit station and yet it is dominated by automotive uses, and appropriate crossings are not in place to encourage the safe movement of walkers or cyclists. Today, the Mile of Cars acts as a barrier, separating the east and west neighborhoods of the TODO area and impeding easy flow of residents from the east side of the area to the 24th St. Transit Center. Figure 2-2: Existing Land Use Distribution COMMERCIAL/ OFFICE SINGLE-FAMILY RESIDENTIAL ▪ MULTI -FAMILY RESIDENTIAL ▪ LIGHT INDUSTRIAL TRANSPORTATION ▪ EDUCATION/ INSTITUTIONAL 24 DRAFT FOR PUBLIC REVIE 600 of 731 0 2 EXISTING CONDITIONS LAND USE A preliminary assessment of existing land uses in the TODO study area demonstrates a rich mix of uses, with significant potential to add more uses, such as housing, commercial and mixed -use. The area immediately surrounding the transit station encompasses "Old Town National City" or the Westside, an area with established residential uses interspersed with industrial and commercial uses that were allowed to be "co -located," resulting in land use incompatibility challenges that the Westside Specific Plan (adopted in 2o2o) seeks to resolve. To the south of the station, an established area of light industrial (primarily warehousing and business park uses) covers approximately 120 acres on both sides of Hoover Avenue leading to the southern boundary of the City at SR-54 and the Sweetwater River. Residential uses (single-family houses and multi -family apartments) blanket most of the eastern half of the study area, with National City Blvd. and Highland Ave. acting as the two primary commercial corridors and "edges" of the residential neighborhoods (see figure 2-3). Significant civic uses exist in the area, most notably, Sweetwater Union High School and Olivewood Elementary to the south, National City Middle School to the north, and Kimball Elementary to the west. The Paradise Creek and newly constructed expansion to the Paradise Creek Educational Park mark the heart of the TODO, providing a direct link between the 24th St. Transit Center and Kimball Park, the National City Library and City Hall (all which are just outside the TODO study area but within walking distance). The significant presence and enhancement of the Paradise Creek cannot be understated. It serves as a major resource for habitat conservation and much needed open space, and it provides a natural connection between the TODO, the City and regional resources (such as the San Diego Bay, the Sweetwater Trail, Bayshore Bikeway and Sweetwater Marsh Natural Wildlife Refuge). URBAN FORM Urban form relates to the physical attributes, patterns and shape of our urban environment. The Planning Area has many of the urban form characteristics and qualities that make for a successful urban village. A tight -knit, fine-grained grid network of streets, blocks and lots offer several opportunities to make the area a more pedestrian, bicycle and transit - friendly neighborhood. However, some challenges must be addressed. Despite good transit access, the plan area remains a predominantly auto -oriented area with significant barriers to pedestrian and bicycle movement. Connectivity at the city-wide scale is good, with easy access to freeways and major arterials, and a connecting street grid. However, barriers to access and connectivity exist at the smaller scale, especially between developments and across major arterials, such as National City Blvd., Highland Avenue, 24th Street and 3oth Street. Moreover, the plan area is defined by several warehouse, light industrial and auto repair and dealership sites that do not relate well to each other or their context and do not contribute positively to streets in the area. Inconsistent land uses, along with vacant and under-utilized lots, result in gaps in development that diminish a clear definition of the public realm. While small, single-family residential lots are at the heart of the study area, large- scale, consolidated land holdings with industrial warehouses, "big -box" commercial, and auto -related uses surround the transit area and residential, resulting in a disconnect between the residents in the area and the streets that service the transit station. In addition, most commercial buildings do not face directly to the street with positive street frontage and active facades. Industrial uses do not need to disappear, however. Along the 1-5 freeway, they may serve as a buffer to potential mixed -use further east, such as along Hoover Ave. And focus may be shifted toward improving areas that do support better walkability, such as the Paradise Creek, 22nd St. and D Avenue which together form a "Golden Triangle" of connecting land uses and mobility enhancements (described in the introduction vision statement). 25 24th Street TODO - DRAFT FOR PUBLIC REVIEW 601 of 731 0 2 EXISTING CONDITIONS 00 1,000 Fe Public Facilities, Utilities, Open Space and Agriculture ■ Open Space Parks ■ Recreation I. Intensive Agriculture ■ Education Transportation, Communications, Utilities Institutions Residential, Commercial and Industrial Single Family Residential ■ Mobile Homes ▪ Multi -Family Residential ■ Shopping Centers ■ Commercial and Office In Light Industry Figure 2-3: Existing Land Uses 26 DRAFT FOR PUBLIC REVIE 602 of 731 0 2 EXISTING CONDITIONS BLOCK AND LOT PATTERNS Blocks and lots in the study area vary in size, orientation and shape. Most ofthe blocks accommodate a diversity of land uses and buildings types. Most blocks have alley access, with the exception of blocks south of Mile of Cars Way and z4th Street. Residential lots in the area are deep and narrow, which allow for front and back of house uses and accessory buildings and spaces. Where combined, lots support large-scale buildings and uses, such as warehouses and auto -repair. The shift in the grid that is caused by natural open space areas (such as the Paradise Creek and a few sloped areas) results in irregular blocks and lots, providing unique development opportunities at key intersections and gateways in the community. Figure 2-4: Existing Block Patterns Thefollowing are typical blocks in thestudyarea and some of their defining characteristics (all blocks are shown to equal scale): JI IL IMO 7 —11 IP 270' Residential Blocks 0 Ln J IL pri ■ mr IF 600' IL_ INMI a 1?i i 111(1 1,250' 200' to 1,500' rj d NOS 1 sr 200' to 500 r "Superblocks" pg 22 24th Street TODO - DRAFT FOR PUBLIC REVIEW 27 Industrial Blocks 603 of 731 0 2 EXISTING CONDITIONS STREETS Streets make up a significant portion of the planning area. A majority of the streets in the station area are commercial streets that support high -moving automobile traffic but do not provide a streetscape environment that supports walking and bicycling. Land uses on either sides of these streets are predominantly auto -oriented, and multiple gaps in development (such as parking lots and service yards) contribute to a sense of emptiness and a lack of human scale. This is in contrast with residential streets in the area, which accommodate slow moving traffic and offer greater pedestrian comfort. The following are typical streets in the study area and some of their defining characteristics: Figure 2-5: Representative Streets • narrow street with 1 lane of travel in each direction • on -street parking on both sides • mostly one -to -two-story residential buildings with front yards and fences • mix of non-contiguous and contiguous sidewalks • presence of landscape and trees • wide street with 2 lanes of travel in each direction • bike lane on both sides, south of 30th St. • on -street parking on both sides • mostly single -story industrial warehouse and business park uses • presence of landscape and trees • contiguous sidewalks National City Blvd. "Mile of Cars" • wide street with 2 lanes of travel in each direction and planted median with center turn lane pocket • on -street parking on both sides • mostly single -story commercial and auto -oriented uses on both sides with multiple gaps in development and parking lots fronting the street • street signage and identity markers • contiguous sidewalks • wide street with 2 lanes of travel in each direction and center turn lane • on -street parking on both sides • continuous bike lane on one side • mostly one -to -two-story strip commercial and auto - oriented uses on both sides with gaps in development and parking lots fronting the street • transit route with contiguous sidewalks 28 DRAFT FOR PUBLIC REVIE 604of731 0 2 EXISTING CONDITIONS BUILDINGS Buildings in the study area range in use and size from single-family homes to large-scale warehouses. Industrial buildings are typically set back from the street with loading docks, service areas and parking in the front yard. They are one to two stories in height and have few, if any, windows and architectural articulation. Retail is predominantly clustered at Mile of Cars Way and Hoover Avenue and dotted along Highland Avenue in the format of narrow, one-story commercial storefronts, fronting the street and with a variety of colors and signage but otherwise minimal architectural features. There are a few special use buildings (such as churches, schools and even a farm) that stand out from their context. A majority of single-family houses have positive frontage elements (such as front porches and stoops), with garages tucked beside or behind the house. Multi -family residential is in the format of two story walk-up apartments with parking provided in surface lots. The following are typical buildings in the study area: Figure 2-6: Representative Buildings Industrial warehouse Residential single-family pg 24 24th StreetTODO - DRAFT FOR PUBLIC REVIEW Industrial office park Residential multi -family Special use/ church 0 2 EXISTING CONDITIONS 30 DRAFT FOR PUBLIC REVIE 606 of 731 0 2 EXISTING CONDITIONS EXISTING MOBILITY CONDITIONS Early in the TODO project, a multimodal existing conditions analysis was undertaken to document the current state of mobility. The analysis covered metrics related to demand, connectivity, quality, and safety. The findings are depicted in Figures 2-7 to 2-10 for each travel mode and summarized in this section. Pedestrian Existing areas with greater likelihood for active transportation trips were found to be concentrated around the National City Boulevard and i8th Street intersection, and generally the area north of Mile of Cars Way/24th Street and south of Civic Center Drive. The higher pedestrian and bicycle activity is due to the mixture of multi -family residential land uses, places of employment, and transit stops near one another. The strong street grid and short blocks help maximize connections and minimize trip distances, benefiting all travel modes. Both Interstate 5 and State Route 54 A create barriers to pedestrian and bicycle travel. The freeways have limited crossing opportunities and, where present, can be uncomfortable environments for active transportation users. Pedestrian -involved collisions were found to be most concentrated at signalized intersections along the corridors that carry the greatest levels of vehicular traffic, including Mile of Cars Way/24th Street and Highland Avenue. The safety and quality of the environment at signalized intersections could benefit from providing high visibility crosswalks with advance stop bars. Lead pedestrian intervals were another feature identified for consideration. Bicycle The existing bicycle facilities provide a strong base to build from. The Bayshore Bikeway and Sweetwater Bikeway are components of the regional bicycle network that provide comfortable connections to facilities and destinations beyond the study area. Like pedestrians, the existing development patterns have resulted in a well- connected roadway network that offers parallel route options and short block spacing. This provides bicyclists with the opportunity to utilize alternative routes with minor trip disruptions. * hluldple Pedestrian Collisions class 1 -Nuld-Use Path Low PEQE Intersection --- Paradise Creek Park Expansion Project — No Sidewalk / la,w PEQE Segment !Egli Active Transportation Propensity rreet ayCnrssirrg Smar <:n, 111 Opportunity Areas .+1 8 1ooSt i llrist 50.0 1.000 Feel ®� 1 ti Naldk yea" Figure 2-7: Pedestrian Opportunities and Constraints 0 Multiple Bicycle Collisions _ Dedicated Bike Facility (Class — level of Traffic Smss 4 High Arrive Transportation Propensity ayCrning Smart Gmwth Opportunity Area. 0 500 1.000 Feel PJ , 24th Street TODO - DRAFT FOR PUBLIC REVIEW 31 Figure 2-8: Bicycle Opportunities and Constraints 607 of 731 0 2 EXISTING CONDITIONS Several ofthe main arterials currently exhibit high posted speed limits and high vehicularvolumes.These conditions are typically uncomfortable for most people to bicycle within without a facility that is physically separated from vehicles. Even with routes parallel to the arterials as an option, considerations need to be made at locations where bicycle facilities intersect with arteria Is. The bicycle collision analysis indicated collisions along arterials were largely concentrated at signalized intersections. Continuing the trend of applying green paint and bike boxes at intersections will help give bicyclists priority and increase their visibility to motorists. Transit The TODO area is well -served by transit, with stops for eight bus routes and the Blue LineTrolley.The 24th Street Transit Center is a hub, with stops for the Blue LineTrolley and three bus routes and has the greatest transit ridership in the area. Outside of the 24th Street Transit Center, the bus stops on the four legs of the Highland Avenue and 28th Street intersection (Routes 13 and 929) experienced the greatest ridership. Improving multimodal access to the 24th Street Transit Center and transit stops throughout the study area is important to maintain and increase transit ridership. Previous planning efforts have identified community shuttles or circulators as one method to better connect community members to destinations and other transit services. Vehicular Throughout the TODO area, vehicular operations were generallyfound to be acceptable underexisting conditions. Only three segments operate at LOS F, no segments at LOS E, and one segment at LOS D.The three locations with sub -standard operations are along roadways with built out environments and limited options for widening (Mile of CarsWay, 18th Street, and Plaza Boulevard). Additionally, widening roadways is generally not supported within built out communities and can deteriorate the comfort and mobility for active transportation users. Existing vehicular volumes along four -lane segments of Hoover Avenue and 3oth Street indicate the roadway is overbuilt. Road diets along these corridors provide opportunities to further enhance mobility for other travel modes. 1102 UlaS5 os CHKCe te \4a•St 24th Street Transit center 500 1.0,00 Feat 01 51 �Itly� 1.111E rrItne. Transit Stop nigh Ridership Transit Stop ( 911 I'4 klilc K'alkshcd room Transit Stop, nal Figure 2-9: Transit Opportunities and Constraints ao 3Auto Collisions Community Corridor - Sm., Conversion 10aily Traffic Volume — Ruadaur Segment — Iiaeess Capacity Available 0 500 1.000 Feet Figure 2-3.o: Vehicular Opportunities and Constrai is ii 32 DRAFT FOR PUBLIC REVI 608 of 731 0 2 EXISTING CONDITIONS 2.3 ENVIRONMENTALJUSTICE The City of National City General Plan has a Health and Environmental Justice Element (HEJ) which establishes policies and guidance for the fair treatment and meaningful participation of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. The primary purpose of the HEJ is to "identify public health risks and environmental justice concerns and improve living conditions to foster the physical health and well-being of National City's residents" (City of National City 2011 General Plan, pg 3-214). The persistent health impacts of land use patterns affecting the TODO area (such as continued co - location of industrial uses with residential uses and the presence of polluting sources, such as Interstate 5) highlight how critical it is for forward planning to respond with policies, zoning solutions and design standards that address environmental justice. While this plan will not result in zoning changes, the mobility improvements and land use recommendations of the TODO plan center around the following key environmental justice priorities: + Prevent (or at a minimum slow) gentrification and displacement of existing residents and businesses; + Promote compatible land uses and transition non -conforming uses through the adaptive reuse of existing structures; + Expand access to transit, open space, a mix of land uses, healthy food options, and education; + Improve the safety and convenience of walking and biking environments to support a greater diversity of mobility choices in the area and facilitate greater connectivity to transit; + Propose development prototypes that offer a greater diversity of housing options and affordable housing opportunities; + Establish an implementation process through which community stakeholders remain engaged with and have the opportunity to influence land use decisions in the TODO area. ENVIRONMENTAL JUSTICE The way we design and build the human environment has a profound impact on both public health and environmental justice. Planning decisions related to transportation systems, density and intensity of uses, land use practices, and street design influence: how much we walk, ride a bicycle, drive a car, or take public transportation; the level of our stress; the types of food we eat; and the quality of our air and water— all factors which affect our health. How does the TODO promote Environmental Justice? Mobility - Section 3 of the plan establishes tangible and implementable mobility enhancements. These include measures to improve pedestrian and bicycle safety and facilitate access to transit through safe crossings, expansion of the pedestrian and bicycle network and identification of mobility hubs and NEV shuttle routes all to significantly expand mobility choices for residents and businesses in the TODO area. Land Use - Section 4 of the plan identifies several land use recommendations focused on expanding a mix of uses to strengthen the connection between new development and transit in the area and provide opportunities for more housing, commercial and employment uses near transit. Section 4.3 enumerates key design standards to address co - location and compatibility. Implementation - Section 5.2 of the plan identifies development prototypes that address key challenges in the TODO area, such as access to open space, affordable housing and displacement, buffers and transitions, right -sizing of infill development, strengthening of neighborhood nodes and co - location of industrial with residential. Examples include adaptive reuse of industrial warehouses in the area for educational uses, healthy foods markets, and small businesses. 33 24th Street TODO - DRAFT FOR PUBLIC REVIEW 609 of 731 03 Mobility 3.1 Mobility Concepts & Goals 3.2 Intersection Crossing Enhancements 3.3 Interstate 5 Crossing Enhancements 3.4 22nd Street 3.5 24th Street 3.6 Hoover Avenue 3.7 30th Street 3.8 D Avenue 3.9 Bicycle Network Modifications 3.10 Vehicular Network Modifications 3.11 Mobility Hubs & NEV Shuttles 610 of 731 03 MOBILITY & PUBLIC REALM 3.1 MOBILITY CONCEPTS & GOALS The TODO project revolves around the 24th Street TransitCenter where the Blue LineTrolley and multiple bus routes converge, connecting the community to local and regional employment centers and other major destinations. The study area exhibits many additional characteristics that support convenient travel by all transportation modes. The strong street grid maximizes connections and shortens trip distances, allowing for convenient trips by foot or bicycle while also benefiting transit operations and drivers. The Bayshore Bikeway and the Sweetwater River Bikeway are existing regional bicycle facilities that run along the perimeter of the study area. These attributes, along with the presence of the 24th Street Transit Center and associated service offerings, all contribute to a strong foundation to build from and further enhance multimodal transportation. The area currently has a diverse mixture of land uses, with a range of housing types close to shopping, jobs, schools, parks, and other civic uses. This mixture supports the potential for trips to begin and end within or near the study area. The land use concepts previously presented are intended to further support a diverse neighborhood, by increasing the variety of housing options and supporting the potential for small-scale neighborhood shops. With these opportunities in mind, as well as findings from the Mobility Existing Conditions Report and input heard from community members over the course of the project, the following goals were crafted to guide future mobility enhancements: MOBILITY GOALS + Improve connections to the 24th Street Transit Center, regional bike network, and local destinations + Identify opportunities to improve active transportation connectivity across Interstate 5 + Continue the D Avenue Complete Streets improvements + Build on the Westside Specific Plan and General Plan Community Corridor concept + Enhance the public realm for all travel modes Figure 3-1 demonstrates how the goals were carried forward, establishing a mobility framework. Each of the following components are further discussed throughout this Chapter: • Intersection Crossing Enhancements • Interstate 5 Crossing Enhancements • 22nd Street • 24th Street • Hoover Avenue • 30th Street • D Avenue • Bicycle Network Modifications • Vehicular Network Modifications • Mobility Hubs & Neighborhood Electric Vehicle (NEV) Shuttles pg 30 24th Street TODO - DRAFT FOR PUBLIC REVIEW 35 611 of 731 03 MOBILITY & PUBLIC REALM Bicycle Frainewolk (lass I/IV l'Uilitics -- Class 11,111 Kuala:es eSome Transit Station PEDESTRIAN FRAMEWORK a21ih guest Transit Stution Whieolair Network Modilicationa • • • • Road Dict • • Two -WA)Trflk •••• Clowd to Vehtckl VEHICULAR FRAMEWORK e2411: Xtrec. Trxmit Skmion Mobdity I [Lan NEN Route Existing Vuntis gouts Figure 3-1: Mobility Framework 36 DRAFT FOR PUBLIC REVI 612 of 731 03 MOBILITY & PUBLIC REALM 3.2 INTERSECTION CROSSING ENHANCEMENTS Intersections are where two or more roads or paths meet. They provide important connections that allow people to travel from one route to another. People that walk, bicycle, and drive all rely on intersections during their daily travel. Safety is an important consideration at intersections due to the different directions of travel and different movements, such as turning, heading straight, and walking across the intersection. The following features should be provided at all signalized intersections to help improve safety for all roadway users: + High visibility crosswalks — Emphasize the crossing area in a way that is easy for approaching drivers to see during daylight and at nighttime; + Advance stop bars — Encourage drivers to stop further back from the crosswalk to create additional space between vehicles and pedestrians; + ADA accessible curb ramps —Assist people with disabilities and those pushing wheeled devices (ex., strollers or carts) to move between the sidewalk and the street; and + Pedestrian countdown signals— Inform people how many seconds remain before the signal turns to red so that a pedestrian knows when not start crossing an intersection. PEDESTRIAN COUNTDOWN SIGNAL Figure 3-2: High Visibility Crosswalk, Advance Stop Bar, ADA Accessible Curb Ramps, Pedestrian Countdown Signal The specific features recommended at each location are identified in the Mobility Technical Report provided in Appendix D. A new traffic signal is recommended at the intersection of National City Boulevard and 22nd Street to help people walking and bicycling cross National City Boulevard and get to and from the 24th Street Transit Center, commercial areas, and recreational resources. The intersection should consist of the features identified above to maximize safety for all travelers. Figure 3-4 shows the location of all signalized intersections within the TODO study area. Additional features that may be provided at intersections on a case -by -case basis include: + No right -turn on red —Signage restricting vehicles from turning right on red; + Lead pedestrian interval (LPI) — Give people walking a 3-5 second head start to cross the intersection before the traffic signal turns green for vehicles; and + Curb extensions —Shorten the crossing distance for people walking and increase their visibility to drivers, while encouraging drivers to make slower turns. 'CURB /EXTENSION NO RIGHT -TURN ON RED LEAD PEDESTRIAN INTERVAL Figure 3-3: ADA Accessible Curb Ramps, Pedestrian Countdown Signal 37 24th Street TODO - DRAFT FOR PUBLIC REVIEW 613 of 731 03 MOBILITY & PUBLIC REALM e e24th Street Transit Station • Signalized Intersection New Traffic Signal 21s1Si 220 * • • 1,Me c) "Is aY • 261h S1 i1 \' Lh S0 1 28 °\ S O. Pt,•11 OL i \.._.._'-. 11 , •`' 33tdS1 �� ` , `\ ' i, --ia v sta r m 0 500 1,000 Feet • I_ I Figure 3-4: Signalized Intersection Improvement Locations 38 DRAFT FOR PUBLIC REVI 614 of 731 03 MOBILITY & PUBLIC REALM 3.3 INTERSTATE 5 CROSSING ENHANCEMENTS Freeways commonly create barriers in communities by limiting connections from one side to the other. In National City, Interstate 5 separates most of the City's residential neighborhoods from the waterfront. The few crossing locations generally have freeway on- or off -ramps, resulting in high volumes of vehicles and uninviting environments for people that walk and ride bicycles. The following changes to 28th and zgth Streets are recommended to improve the freeway crossing experience and enhance the connection to the waterfront: + Convert 18th Street from one-way travel to two- way travel for vehicles between McKinley Avenue and Wilson Avenue; + Turn igth Street into a car -free space, exclusively for the use by people that walk, ride bicycles and other non -motorized transportation devices such as scooters, strollers, and wheelchairs; + Incorporate artwork, lighting, and other amenities to make the area a comfortable and inviting public space; and + Use landscaping and other features to capture stormwater and beautify the area Another concept for consideration is a bridge crossing over Interstate 5, between Mile of Cars Way/ Bay Marina Drive and the 24th Street Transit Center open only to people walking and riding bicycles. This concept was widely supported by community members. The City owns the undeveloped parcel just north of Bay Marina Drive and west of Interstate 5. Development of this property by the City and/or a private entity could include a landing for the bridge west of the freeway, while the transit center property could be considered east of the freeway. Figure 3-5 identifies the Interstate 5 crossing enhancement locations. O- i , • 0 T. 0 0 24th Street Transit Station ■ • ■ • 19th Street Greenwav Potential 1-5 Bridge 39 I 24th Street TODO - DRAFT FOR PUBLIC REVIEW Figure 3-5: 1-5 Crossing Enhancement Locations 615 of 731 03 MOBILITY & PUBLIC REALM Figure 3-6: 1-5 Undercrossing Enhancements at igth Street 40 DRAFT FOR PUBLIC REVI 616 of 731 03 MOBILITY & PUBLIC REALM 3.4 22ND STREET 22nd Street provides a direct connection to the 24th Street Transit Center, Paradise Creek, Paradise Creek Apartments, and the recently completed Paradise Creek Park . Future increases in transit services will also encourage additional transit use, likely increasing the number of people accessing the transit center. This corridor also has the potential for additional residential or mixed -use developments as future property redevelopment occur. These important resources and future considerations make 22nd Street a critical link for people that walk and ride bicycles. 22nd Street Improvement Objectives: + Enhance access to transit, recreational resources, and commercial areas + Improve the safety and comfort of people walking and riding bicycles + Widen sidewalks to increase landscaping opportunities and enhance the public realm + Provide opportunities to capture stormwater runoff through bioswales and other features 22nd Street Enhancements: + Wide, landscaped sidewalks with pedestrian scale lighting + Angled parking along north side of 22nd Street from Wilson Avenue to Hoover Avenue + 2-way cycle track along the south side of 22nd Street from Wilson Avenue to B Avenue + Multi -use path along the south side of 22nd Street from B Avenue to D Avenue and continued through the property to F Avenue (if redevelopment occurs) + Green conflict paint at driveway locations + Additional curb extensions at the 22nd Street intersections with Wilson Avenue, Hoover Avenue , and National City Boulevard + New traffic signal with high visibility crosswalks, advance stop bars, ADA accessible curb ramps and pedestrian countdown signals at the intersection of National City Boulevard and 22nd Street 11 v •••♦ 04°' 7 L hs1 2 `� 201 o L y i 2\st 1I •* • •<° I. • • • • 24th Street Transit Station ■N•■ 22nd Street Project Figure 3-7: 22nd Street Overview Map 41 24th Street TODO - DRAFT FOR PUBLIC REVIEW 617 of 731 AT-SIDEWALK- 5' ANGLED PARKING+TRAVEL LANB 36' CURB TO CURB (54'1 03 MOBILITY & PUBLIC REALM TRAVEL LANE BUFFER LANEBIKE 1._ BIKE LANE+ 5IDEWALK.4' 11' 3' ZACr9 V2x\\\ c2\\\\\\\\\\\J As _ drL ti i////////////hill • .;. Figure 3-8: 22nd Street, from Wilson Avenue to Hoover Avenue 42 DRAFT FOR PUBLIC REVI 618 of 731 03 MOBILITY & PUBLIC REALM SIDEWALK-- PARKING-4-TRAVEL LANE 5' B' 12' 4, TRAVEL LANE CURB TO CURB 14E1 12' 4' BUFFER 4, 4' BIKE LANE 6' 4, BIKE 16 SIDEWALK4. LANE 5' Figure 3-9: 22nd Street, from Hoover Avenue to National City Boulevard pg 38 24th Street TODO - DRAFT FOR PUBLIC REVIEW 43 619 of 731 FSIDEWALK-Ai- PARKING TRAVEL LANE T 2' TRAVEL LANE CURB TO CURB j4 J 12' PARKING 03 MOBILITY & PUBLIC REALM Figure 3-io: 22nd Street, from National City Boulevard to B Avenue MULTI USE PATH - I O' 44 DRAFT FOR PUBLIC REVI 620 of 731 03 MOBILITY & PUBLIC REALM 3.5 24TH STREET 24th Street/Mile of Cars Way provides vehicular access to Interstate 5 and offers a connection across the freeway. The roadway is fronted by a variety of uses, such as office, commercial/retail, automotive dealerships, light industrial, and residential properties, making it an important link for all travel modes. Multiple schools are also located just off the corridor. Vehicular demand is greatest between Interstate 5 and National City Boulevard, while pedestrian and bicycle activity and transit ridership tend to be greater east of National City Boulevard near the residential neighborhoods and schools. 24th Street Improvement Objectives: + Improve multimodal safety + Maintain vehicle throughput near the freeway + Calm traffic through the residential neighborhoods + Improve access to existing driveways 24th Street Enhancements: + From National City Boulevard to Highland Avenue, remove one vehicle travel lane in each direction and add a center left -turn lane + Buffered bike lanes along each side of 24th Street + Green conflict paint at driveway locations + Maintain on -street parking adjacent to the curb + Curb extensions at the intersection with Highland Avenue + Bike box on the approaches to National City Boulevard (westbound only), DAvenue, and Highland Avenue (eastbound only) CD o{ Cats " M��e 2tstst 0 ` . • 20i st ..``� 0. * is 1 L � W 24th Street Transit Station ■ ■ ■ • 24th Street Project I. S Figure 3-11: 24th Street Overview Map 45 24th Street TODO - DRAFT FOR PUBLIC REVIEW eSIDEWALK-a��PARKING- . LANE 5' TRAVEL LANE--- CENTER LANE LEF11URN LANE 11' 10' CURB TO CURB [64' 1 11° 03 MOBILITY & PUBLIC REALM FI� BIKE JI BUFree_I 4 LANE ---I"- PA or ING 3" 5' 8' —4' SIDEWALK ' 5' Figure 3-12: 24th Street, from F Street to Highland Avenue 46 DRAFT FOR PUBLIC REVI 622 of 731 03 MOBILITY & PUBLIC REALM 3.6 HOOVER AVENUE Hoover Avenue connects to both the Sweetwater and Bayshore Bikeways, and existing employment areas and residential developments. Future land uses may allow for mixed use developments as well, which could add residential units to the area and further increase activity along the corridor. Hoover Avenue also intersects with 22nd Street, connecting to the 24th StreetTransit Center and Paradise Creek Park. Hoover Avenue Improvement Objectives: + Improve multimodal safety + Enhance access to the Sweetwater and Bayshore Bikeways + Improve access to existing driveways + Maintain on -street parking Hoover Avenue Enhancements: + Remove one vehicle travel lane in each direction and add a center left -turn lane + One-way cycle tracks along each side of Hoover Avenue + Green conflict paint at major driveways + Bike box on the approaches to Mile of Cars Way/24th Street Figure 3-13: Hoover Avenue Overview Map 0 ■ ■ 22�d S` tJ;t1e of • • Zglh S‘ • • • • Sk • e24th Street 'Transit Station •••• 1 looser Avenue Project • • • 0. * 0 o• L• 2 2. co L d ' • • .' • 1 • 3sta s� .., 47 24th Street TODO - DRAFT FOR PUBLIC REVIEW 623 of 731 1rt I■t;� SIDEWALK- BIKE LANE SLIPPER 5' S' 3' pARKIN "� —=TRAVEL LANE s• 1T' 4- HOOVER AVE CENTER TPA VEL LANE LEFT -TURN LANE 10' 11' CURB TO CURB C64') 03 MOBILITY & PUBLIC REALM PARKING 4.BUPEER BIKEIDEWAY., LAW 3' 5' 5' Figure 3-14: Hoover Avenue, from 24th Street/Mile of Cars Way to 33rd Street 't� � i�!!1lIIlIIIIIII 4 • 1 48 DRAFT FOR PUBLIC REVI 624 of 731 03 MOBILITY & PUBLIC REALM 3.7 3oTH STREET 3oth Street fronts Sweetwater High School and serves as a connection to the Sweetwater and Bayshore Bikeways. These locations result in higher levels of pedestrian and bicycle activity. Future redevelopment of the former swap meet site may further increase active transportation demand and the need to safe and comfortable facilities in the area. 3oth Street Improvement Objectives: + Improve multimodal safety + Enhance access to Sweetwater High School, the Sweetwater and Bayshore Bikeways, and planned Hoover Avenue cycle track + Serve as a future connection to the planned Sweetwater Road cycle track + Improve access to existing driveways 3oth Street Enhancements: + Remove one vehicle travel lane in each direction and add a center left -turn lane, from Hoover Avenue to Highland Avenue + Two-way cycle track along the north side of 3oth Street, from Hoover Avenue to Highland Avenue + Maintain on -street parking between the cycle track and vehicle travel lane + Maintain pedestrian crossing features at F Avenue la MI WI �a '. Zg\h 5� d 11 30th Street Project , \ •ii._••000_1,111•••16••••••1171111111111111.tk o L .✓✓� 1 �, +'.1 ram. ,~. `\ • t 2 s. S 1 ;..1..f..5....t. .......\\ r•.r..r..r•.r I city Figure 3-15: 3oth Street Overview Map 49 24th Street TODO - DRAFT FOR PUBLIC REVIEW 625 of 731 .-SIDEWALK-1F AKE LANE 5' E 41 �K E BUfFE 5'-i' 8' PARKING 8' TRAVEL LANE 4 CENTER !RAVEL LANE LEFT -TURN LANE 12' 11' 12' CURB-TOCURB 164'- 68') 03 MOBILITY & PUBLIC REALM Jr- PARKING-' SIDEWALK4 8' S' EXISTING PEDESTRIAN CROSSING Figure 3-16: 3oth Street, from Hoover Avenue to National City Boulevard 50 DRAFT FOR PUBLIC REVI 626 of 731 03 MOBILITY & PUBLIC REALM 3.8 DAVENUE D Avenue has received several transportation enhancements in recent years, including bike lanes, bike boxes, as well as curb extensions and a roundabout just outside the study area. The lush, landscaped walkways further add to the environment. The corridor connects residential neighborhoods to many important community resources, including multiple schools, Kimball Park, and the downtown area. D Avenue Improvement Objectives: + Enhance access to Kimball Park + Improve multimodal safety at intersections + Encourage a non -motorized connection to the Sweetwater Bikeway D Avenue Enhancements: + Replace center left -turn lane with turn pockets and add bike lanes in each direction from 16th Street to 18th Street + Bike lane along D Avenue, from 3oth Street to the southern terminus + Add bike boxes on D Street at the intersections with 16th Street (northbound), 3oth Street (north - and southbound), + Consider curb extensions at D Street intersections with 18th Street, 22nd Street, 24th Street, and 3oth Street •••• D Accnuc Pruicct • • 1 • • ! • -n 1 N • 32. 0 ! • 1 • \ 100S1 • 1 • ` 2stst • 1 ✓ 1 • `t • ' • • 1 lath St. • '1 • 1 • 1. • '� • • i • A thSt • i • • ;2 1 . • 6'1 • lath St. � On St • • d. • O \ It ..•".... ▪ we. 1 Q ,`14St .26 51 24th StreetTODO - DRAFT FOR PUBLIC REVIEW Figure 3-17: D Avenue Overview Map 627 of 731 03 MOBILITY & PUBLIC REALM DRAFT FOR PUBLIC REVI 03 MOBILITY & PUBLIC REALM 3.9 BICYCLE NETWORK MODIFICATIONS The bicycle facilities recommended in the previous sections along 22nd Street, 24th Street, 3oth Street, Hoover Avenue, and D Avenue will complement the existing network and additional planned facilities in the area identified in the City's current planned bicycle network. The following graphic identifies the planned and existing bicycle facilities within the study area and adjacent connections. Bayshore Bikewa Pepper Park �F Pier 32 Marina +P 53 pg 48 24th Street TODO - DRAFT FOR PUBLIC REVIEW 629 of 731 03 MOBILITY & PUBLIC REALM �\_ 1. - \ • —dolt- do p�2agtvd • 1lthst 4 r, 1lthst ‘ C�`e tGenes \s i r, 1AthSt; O y 0- 1 0 .0 1. • 1 • 1 • ♦ • • • • •♦ ' • • Cj • 1ti qr • • • ` • • L (,- 0 L • • N • • • • ••• 1 ` ,• • •l,• ••* • • • • • • •0'r--- •1•••••1 0 t4 i'.0•• • 4 v a • �• 4 t'� 4 • • \ % / 14 t4 Nationaysta } -611, 1 0 500 1,000 Feet � Existing Proposed VI St ,0 St ISO St • ♦♦•* ■ • • i1 • • • M�1e ▪ of • • ♦ • ♦ • • • • ass`Na\I 1lstst • • • lk 120 St • '2• Class I - Bike Path Class II - Bike Lane Class III - Bike Route Class IV - Cycle Track Multi -Use Path •• • ♦ r • • • ♦ • • • • • • • • • • •• � 7 • • • • •••• •• ♦•ts#♦ • • •` • • iss 1 • • ; • • • • 1 •••• 4•+ ; 0A 4'• •••a Figure 3-18: Bicycle Facilities 54 DRAFT FOR PUBLIC REVI 630of731 03 MOBILITY & PUBLIC REALM 3.10 VEHICULAR NETWORK MODIFICATIONS As part ofthe TODO development, Circulation Element roadways were analyzed under existing and future conditions. The analysis informed an understanding of opportunities for multimodal enhancements that would not result in traffic congestion. The following vehicle infrastructure modifications are recommended: + 18th Street, from McKinley Avenue to Wilson Avenue — convert to two-way travel + lgth Street, from McKinley Avenue to Wilson Avenue — restrict vehicle access + 22nd Street and National City Boulevard intersection — install traffic signal + 24th Street, from National City Boulevard to Highland Avenue — remove one travel lane in each direction and add a center left -turn lane + 3oth Street, from Hoover Avenue to Highland Avenue — remove one travel lane in each direction and add a center left -turn lane + Hoover Avenue, from Mile of Cars Way to 3oth Street— remove one travel lane in each direction and add a center left -turn lane + Hoover Avenue, from 3oth Street to 33rd Street — add a center left -turn lane Future traffic signal optimization is also recommended to maintain or enhance intersection operations. The goal of signal optimization is to improve coordination and communication among traffic signals along corridors, and to accommodate the recommended bicycle facilities and pedestrian improvements. Signal optimization would improve traffic flow and increase vehicle throughput at intersections by reallocating green times to serve future vehicle demand at each intersection approach, which would reduce greenhouse gas emissions that result from idling vehicles. The City of National City's General Plan currently includes a policy to encourage traffic circulation improvements through synchronized signals or Intelligent Transportation Systems (ITS), which are comparable to the operations and goals of signal optimization. Figure 3-19 displays the Circulation Element designated roadways and locations where road diets (lane reductions) and access modifications are planned. 55 p� 5u 24th Street TODO - DRAFT FOR PUBLIC REVIEW 631 of 731 03 MOBILITY & PUBLIC REALM ► 1 ..0- p1atia gWd• s•'-•'1 ,i' 111h 9 / j % 121hSt j I C�v‘c cokes V j •►•-`,. i *-, a 151rs G N :I y m 1 1 m 0119 j os iSo 1CO S1 m , o j \ v m X • co Xs $ 201h St , ♦.i. •� 21s1 S1 ♦ 9co j, Q24th Street Transit Station Vehicular Network Modifications • • ■ • Road Diet ■ ■ ■ ■ Two -Way Traffic ■ ■ ■ ■ Closed to Vehicles nf., 0L aL • 7 y ` • Q a N m j - vm of c.00 22\d S` Z ♦ • • 261h 9• _. \ X ♦ \, \ • 20\St X ♦ ♦ * * * 1 *All u 0 500 1,000 Feet I � I r ****-**** Figure 3-i.9: Vehicular Modifications 56 DRAFT FOR PUBLIC REVI 632 of 731 03 MOBILITY & PUBLIC REALM 3.11 MOBILITY HUBS & NEV SHUTTLES A mobility hub is a location where different travel options come together to offer opportunities for multimodal trips. This concept is encouraged at the regional level through SANDAG's 5 Big Moves, with mobility hubs identified as one of the five key strategies envisioned to enhance the movement of people and goods throughout the region. A mobility hub can improve the experience for existing travelers and help entice others to make multimodal trips by providing additional supporting services and features. Convenient and comfortable access for all modes of travel is critical to realizing the potential of a mobility hub area. The scale and features of a mobility hub are dependent on the context of location. The 24th Street Transit Center and surrounding area include many characteristics well -suited for a mobility hub, such as the multiple transit offerings and surrounding residential and employment density that support multimodal trips. The 24th Street Transit Center includes transit stops for the Blue Line Trolley and three bus routes (13, g61, and 967). Drivers and people that walk or ride bicycles to and from the station further add to the activity. Multimodal access to the 24th Street Transit Center can largely be addressed through the improvements previously identified throughout this chapter, including the 22nd Street and Hoover Avenue bicycle facilities, the intersection and Interstate 5 crossing enhancements, and traffic signal optimization improvements. The transit station site itself may be redeveloped in the future, which could bring a mix of residential, commercial/retail, office, and/or additional educational uses to the area that would further increase multimodal demand. Features and services that may be considered or expanded at the transit center could include: + Enhanced transit waiting areas + High speed Internet + Trip planning informational kiosks + Passenger/rideshare loading zones + Shared -use devices such as car, E-bike, bike, and scooters + Electric vehicle charging stations + Microtransit or NEV Shuttles + Package lockers pg 52 24th StreetTODO - DRAFT FOR PUBLIC REVIEW 633 of 731 National City has considered microtransit or small Neighborhood Electric Vehicle (NEV) shuttles a possible transit enhancement for the western part of the City. Previous plans including the Homefront to Waterfront Plan, INTRAConnect Plan, and Naval Base San Diego Parking and Traffic Congestion Relief Plan identify potential NEV shuttle routes and stops for consideration that fall within theTODO study area. The following graphic depicts the potential NEV shuttle routes and stops recommended from these efforts. The shuttle stops could be enhanced to micro - mobility hubs by including additional features that support multimodal trips. Bike parking, shared -use device parking, and trip planning informational kiosks are examples of features that may be best suited within the context of these micro hubs. Potential micro -mobility hub locations include: + 16th Street and National City Boulevard + 18th Street and Wilson Avenue + 18th Street and Highland Avenue + 3oth Street and Highland Avenue 03 MOBILITY & PUBLIC REALM ® 24d. Suet, Tmnu, Station K Mobility flubs W M Rowe Eximing Tmnrii Rw,c A L Figure 3-2o: Mobility Hubs and NEV Shuttle Routes 58 DRAFT FOR PUBLIC REVI 634 of 731 04 Land Use & Design 4.1 Land Use Concept and Goals 4.2 Land Use Recommendations 4.3 Design Standards 59 635 of 731 4.1 LAND USE CONCEPTS & GOALS The overarching land use goal of the TODO is to strengthen the connection between new development and transit in the area. The City's General Plan calls for land uses that promote Smart Growth in the area (National City General Plan, Goal LU-2). Much of the TODO study area is categorized as a SANDAG Smart Growth Opportunity Area, which is an identified location within the region that can support a mix of uses, infill development and transportation investments. The potential for Smart Growth in and around the 24th St. Transit Center is among the strongest in the city. TheTODO study area includes SANDAG designated Smart Growth Areas (SGA's) NC 2, 3 and 8, which are intended to support Town Centers and Mixed -use Transit Corridors. Town Centers support low to mid -rise residential, office and commercial with some employment, drawing people from the immediate area. Mixed -use Transit Corridor Areas support concentrated residential and mixed -use development along a lineartransit corridor with a variety of low-, mid- and high-rise buildings, with employment, commercial and retail businesses and drawing people from nearby communities (SANDAG Smart Growth Concept Map, South County Subregion, 2016). Land uses on and around the 24th Street Transit Station itself can support a greater mix and intensity of uses to leverage the infrastructure of the station and to boost transit ridership. Investments in the area around the Paradise Creek and Paradise Creek Park might help make the creek and park accessible to a wider cross-section of the area and the city and provide a key open space connection between the transit station and the north side of the study area. And new development along with investment in bicycle and pedestrian facilities on Hoover Avenue can establish a more active and positive frontage to the street, activating the public realm and providing "eyes on the street."Together, these changes would help build a more cohesive and strong relationship between development in the area and transit infrastructure, the transit station, and ultimately transit riders. 60 04 LAND USE The TODO land use concept centers around the following key recommendations: + Build Upon the Westside Specific Plan Concept of Securing the Ongoing Viability of Residential Uses + Increase Opportunities to add Housing Near Transit + Strengthen the Transit Station + Support Corner Infill on Highland + Reinforce the Westside and Paradise Creek Open Space Connection with Active Land Uses at each End + Activate Hoover Ave. with Mixed -Uses + Complete and Extend the Existing Mixed - Use Corridors in the Area + Allow for a Gradual and Deliberate Transition in Land Use from Commercial Automotive to Residential in the Neighborhoods Behind the Mile of Cars SMART GROWTH Smart Growth is a widespread planning concept that informs planning across all levels, from state to regional and local levels. A fundamental goal of Smart Growth is to promote infill development (or development in existing urban areas), where transit and community infrastructure investments can be focused to best serve existing populations and leverage the benefits of existing resources. 636 of 731 DRAFT FOR PUBLIC REVI OLD LAND USE 4.2 LAND USE RECOMMENDATIONS Legend rz r - M ixe d -Use CoastalZone ..—.._.. Project Boundary Po rt o f Sa n Diego Hoover Ave. 0verlay Transition Bloc k0verlay Highland Ave. Node Overlay We stsid a Specific Pla n Figure 4-1: Land Use Framework Map pg 56 24th StreetTODO - DRAFT FOR PUBLIC REVIEW 61 637 of 731 04 LAND USE LAND USE RECOMMENDATION #i - PARADISE CREEK GATEWAY DISTRICT Paradise Creek Gateway Objectives: + Reinforce the Westside and Paradise Creek open space connection with active, mixed -use anchors at each end of the creek + Encourage placemaking at each end of the Paradise Creek Educational Park with a public open space near the Transit Station and a restored creek at the north blocks crossing West Ave. + Revitalize the Westside and open -up opportunities for reinvestment in key focal areas of the neighborhood + Support a Mobility Hub at the 24th St. Transit Station Paradise Creek Gateway Recommendations: + Mixed -Use at the Transit Station Site with a potential for expanded educational uses + Mixed -Use on the blocks bound by Hoover Ave., National City Blvd., 16th and 18th St. + Mixed -Use on the blocks bound by Hoover Ave., Roosevelt Ave., 18th and 22nd St. + Vacated West Ave. and Extend Creek Restoration in this Location Figure 4-3: Active uses on each end of the Creek Figure 4-4: Example of a "galleria" of active educational and retail uses that lead to the station Figure 4-2: Example of development adjacent to open Space 62 Figure 4-5: Example of a Multi -Use Path along a Cree DRAFT FOR PUBLIC REVI 638 of 731 04 LAND USE 12th Street Civic Center Dr SEE FIGURE 4-7 FOR ENLARGED PLAN OF PARADISE CREEK GATEWAY MIXED -USE DOWNTOWN hnlneet Mahar Sanitarium SEE FIGURE 4-8 FOR ENLARGED PLAN OF PARADISE CREEK GATEWAY PLAZA Sweetwater Marsh National Wildlife Refuge Community Center 1 6t1;treet 18th Street lash Street 24th Street N.C. Middle School Sweetwater High School 1. Mixed Use Block w/ Major Active Open Space 2. Multi Use Urban Trail (Bike and Pedestrian) 3. Improved Pedestrian and Bike Connection 4. Node I Corner Mixed Use & Placemaking 5. Restored and Revitalized Creek 6. Proposed Pedestrian Bridge Legend: (-3 Existing Trail Creek E - - Proposed Multi Use Trail Figure 4-6: Paradise Creek Gateway Concept Illustrative 63 pj 5 . 24th Street TODO - DRAFT FOR PUBLIC REVIEW 639 of 731 Shipyard relic (typ.) — To Bayshore bikeway To Paradise Creek Educational Park Bike lanes W. 18TH STR ET • .11 Riparian trees & shrubs Farmer's market Figure 4-7: Example of Creek Restoration crossing West Ave. MTS Station o�n CAI Fr-40' Enhanced paving al intersection 2-way cycle track Existing wayfinding signage Enhanced paving at plaza Decorative light to mirror existing 04 LAND USE Vine arbor (typ.) Plaza Water steps at Paradise Creek W. 17th Street - Greenway to the Creek Palms Plaza Broad headed street trees Residential courtyard W. 22ND STREET Existing decorative light Kiosk Seat wall Existing trees /To Mile of Cars Way NTS ccess to County -- property Bridge over creek Creek trail Figure 4-8: Paradise Creek Gateway Plaza at County Building & Transit Station 64 DRAFT FOR PUBLIC REVI 640 of 731 OLD LAND USE LAND USE RECOMMENDATION #2 - HOOVER AVE. ACTIVATION Hoover Ave. Objectives: + Combine Mobility improvements with flexibility in land uses for increased street activation + Provide for new affordable housing without displacement of existing business park uses and existing residential neighborhoods + Address co -location of residential with light industrial uses with design standards and additional analysis Hoover Ave. Recommendations: + Mixed -Use residential permitted through a Conditional Use or Minor Use Permit + Mixed -Use residential conforms to design standards in Section 5 of this plan + Residential orients to the street and away from freeway and existing commercial and light industrial uses + Corners are activated with local -serving amenities (such as retail, food and beverage related uses, outdoor seating, gyms, and other active spaces) + Building entrances face the street and provide direct pedestrian access from the street Figure 4-9: Hoover Ave. Transition Area Figure 4-io: Example of an Active Street Corner Figure 4-ii: Narrow Buildings in Front of Business Park Uses Hoover Ave. pg 60 24th Street TODO - DRAFT FOR PUBLIC REVIEW New Mixed -Use 65 Existing Parking Existing Business Park 641 of 731 LAND USE RECOMMENDATION #3 - MIXED -USE CORRIDORS Mixed -Use Corridors Objectives: + Connect the East and West neighborhoods of TODO with a greater mix of uses that lead to transit + Allow for a gradual build -out of a mixed -use corridor along National City Blvd. as the area transitions overtime + Provide for a more active mix of uses facing Kimball Park Mixed -Use Corridor Recommendations: + Mixed -Use residential permitted through a Conditional Use or Minor Use Permit at zznd and 24th St. + Mixed -Use residential permitted facing Kimball Park + Mixed -Use residential conforms to design standards in Section 5 of this plan + Residential orients to the street and builds a consistent "street edge" that provides a pleasant walking environment 04 LAND USE Figure 4-12: National City Blvd. / "Mile of Cars" The Mile of Cars is a significant revenue generator for the city, yet it is also a barrier to transit access from the eastern neighborhoods of the study area Figure 4-3.3: Mixed -Use Corridor along zznd and 24th Streets 66 DRAFT FOR PUBLIC REVI 642 of 731 04 LAND USE LAND USE RECOMMENDATION #4-TRANSITION BLOCKS Transition Blocks Objectives: + Build the edge between the Mile of Cars and residential neighborhoods with transition development + Protect stable residential neighborhoods while preserving the viability of the Mile of Cars + Add housing without displacing existing residential Transition Blocks Recommendations: + Mixed -Use residential permitted through a Conditional Use or Minor Use Permit + Mixed -Use residential conforms to design standards in Section 5 of this plan + Residential orients to the street and to internal courtyards and away from existing commercial and light industrial uses + Alleys and parking access aisles are used as landscaped buffers between new development and existing auto -oriented uses + Building entrances face the street and provide direct pedestrian access from the street Figure 4-14 depicts a plan diagram example, showing location and orientation of new residential uses next to existing commercial automotive uses with setbacks, buffers, orientation and screening to address land use compatibility. I Figure 4-14: Transition between Commercial Automotive and Residential RESIDENTIAL BUFFER ZONE LEGEND I � Property Line Landscape Parking Circulation Single Family Residential Multi -Family Residential Figure 4-15: Mixed -Use Corridor along 22nd and 24th Streets III Existing R • sidential Street Existing Commercial Automotive Uses Industrial 24th Street TODO - DRAFT FOR PUBLIC REVIEW 67 Street 643 of 731 LAND USE RECOMMENDATION #5 - CORNER ACTIVATION ON HIGHLAND Corner Activation Objectives: + Encourage safe and comfortable pedestrian flow from residential neighborhoods to key corners of the Avenue where retail activation may be focused + Provide for neighborhood "gathering spots" with outdoor seating and areas for socialization + Encourage key intersections to act as Gateways to the neighborhood with visible markers and placemaking elements Corner Activation Recommendations: + New Developments on 18th & Highland / 24th & Highland are designed and built to engage the street corner and provide active uses on the corner + Parking areas are focused to the rear and side of the lot with pedestrian spaces and circulation prioritized at the front and corner of the lot + Art, signs, seating, cafe tables and landscape enhancements are focused on the street corner 04 LAND USE Figure 4-16: Key Intersection/ Corners on Highland Ave. 68 Figure 4-3.7: Example of an Acti 1' e r(lrrIPr I DRAFT FOR PUBLIC REV 644 of 731 OLD LAND USE 4.3 DESIGN STANDARDS Through the thoughtful design of buildings and open spaces, future development in the TODO will result in a dynamic, environmentally sustainable and visually rich urban environment that supports transit ridership, social interaction, community pride and a sense of place and safety. The following design guidelines provide guidance on public realm design, site design, and building architecture in the TODO. New or substantially modified projects will be evaluated based on conformance with overall design principles Plazas Pedestrian plazas (either within the interior of a development or at building street corners) should be provided where possible to help activate street corners, provide a foreground to building entrances, and create gathering spaces for the community. + Gateways Gateways into the district should be highlighted at key intersections in the community. Gateways should incorporate any or all of the following elements: a) Distinct building forms b) Accentuated building corners and frontages c) Dedicated entry court, public plaza, public art d) Unique signs, landscape features and lighting e) A change in materials, a corner plaza or entry feature + Parking Parking areas should be designed to minimize their visual impact on the surrounding neighborhood and avoid conflicts with pedestrian circulation. Where possible, parking should be placed in the development's interior and not along street frontages (either in a structure, motorcourt or behind buildings) Parking lots shall be screened from street views with landscaped buffers (such as trees and planting beds). + Building Orientation Buildings should be oriented and sited to maximize street frontages, natural light and ventilation, and to create well-defined open spaces and common areas in the development. + Site Access Provide dedicated, direct and identifiable pedestrian access from the street into the project. Projects should define and emphasize building entrances with accent colors, enhanced paving, awnings or overhangs. Entrances should be human in scale, well -lighted and inviting to pedestrians. + Pedestrian Circulation Provide an interconnected network of paths, walkways, corridors and paseos that create a safe and pleasant pedestrian environment and integrate the development with the surrounding neighborhood. Circulation should connect residential dwelling units with common areas, commercial office with retail and the street, and provide multiple point of access. + Safety Encourage self -policing and discourage crime by incorporating Crime Prevention Through Environmental Design (CPTED) strategies in building and site design. These include natural surveillance, territorial reinforcement, natural access control and target hardening strategies. E;J 24th Street TODO - DRAFT FOR PUBLIC REVIEW 69 645 of 731 + Building Transparency The ground level of all mixed -use buildings should provide glazing for a minimum 6o% of the street facade of the building facing into the active use areas of the project. + Co -Location and Compatibility Where new mixed -use residential abuts existing light industrial uses (such as auto dealerships), the following design strategies should be followed to minimize potential impacts: a) Orient buildings away from industrial properties and highways and limit the amount of windows, doors and common spaces that open to adjacent industrial uses. b) Provide clear demarcations between public and private areas, as well as residential and non-residential uses, with separate building entrances, building and landscape design features, building separations, access control or a change in levels and materials. c) Provide landscape buffers and patio walls to reduce noise impacts and protect the privacy of residential units along high -traffic streets and intense uses. d) Attenuate noise through the use of berms, planting, setbacks and architectural design rather than with conventional wall barriers for developments next to transit, trolley, highways or other potential noise -generating uses. e) Use open spaces, such as pedestrian plazas, paseos, greenways and courtyards, to serve dual functions as valuable community space and buffers between different uses. f) Minimize the impact of light industrial uses by screening areas associated with heavy work and services, truck traffic, deliveries, and storage areas ofthe industrial use. Where possible, access to these areas should be separate and away from adjacent properties. OLD LAND USE Figure 4-18: Existing Residential next to Industrial in Westside Area 70 DRAFT FOR PUBLIC REVI 646 of 731 05 Implementation 5.1 Site Opportunities 5.2 Development Prototypes 5.3 Parking Strategies 5.4 Mobility Infrastructure Implementation 647 of 731 05 IMPLEMENTATION 5.1 SITE OPPORTUNITIES & CONSTRAINTS The TODO project included a TOD Feasibility Analysis and site feasibility testing intended to uncover the prevalent site features that exist in the study area today and devise potential development prototypes to address challenges and opportunities in the area (see Appendix C). Multiple sites in the study area exhibit a range of site characteristics, underlying zoning and environmental constraints and resulting scale impacts that must be evaluated when considering development potential. Table 5-1 below highlights some of the defining features used to evaluate site development opportunities in the TODO Study Area. SITE FEATURE OPPORTUNITIES ■ CONSTRAINTS Lot Size Deep lots provide opportunity for parking to be tucked behind active uses of the development fronting the street. Corner lots maximize frontage and facilitate access. Wide lots facilitate housing with dwelling units facing interior common open space and natural light and ventilation. Small lots (less than 10,000 square feet) constrain multi -family and mixed -use development and may impede efficient layouts for parking and dwelling units. Large lots (greater than 1 acre) may require additional access drives and roadways to facilitate circulation and access through the site. The prevalence of small lots in the study area may require lot assembly, which can make new development costly and requires time. Access and Parking A street grid and compact blocks, combined with alleys, make the area accessible and well-connected. Parking access from alleys reduces the need for access aisles and provides design efficiencies. Small and narrow Tots constrain parking and may restrict access to vehicles, pedestrians, light, air and open space opportunities. Blocks without alley access may require a consolidation of lots or easements between adjacent parcels. The mix of land uses in the area facilitate an active, 24/7 Adjacencies community that offers a range of neighborhood amenities within walking distance. Sites near industrial and automotive uses may require extraordinary design and construction measures to address the impacts of adjacent uses. Topography The relatively flat topography of the study area facilitates new development without significant grading and sitework. Some sensitive areas in the study area may require grading, soil remediation and site improvements to address flooding and contamination (e.g. the Paradise Creek area, areas south of 30th St.). Infrastructure Infrastructure in the area generally supports new development, with minimal to no offsite improvements required to water, sewer, dry utilities and telecommunication facilities. Storm drainage and water quality remain challenged by flooding of areas around the Paradise Creek. 72 Table 5-1: Prevalent Site Opportunities and Constraints DRAFT FOR PUBLIC REVIE 648 of 731 05 IMPLEMENTATION A diversity of development opportunities are plausible for the TODO study area. As demonstrated above, properties in the TODO exhibit a range of site characteristics, they are of varying size and geometry and they represent varying constraints and opportunities. To assist in evaluating the opportunities, sites are grouped by the following seven categories or groupings: + Transit Station Given the current demand for housing, its proximity to major employment centers and its relative ease of access, the 24th Street Transit Station is a good candidate for more intense uses. The site topography is relatively flat, it is well -served by bus routes, it connects well to existing and planned bicycle and pedestrian infrastructure and it faces the Paradise Creek and Park. The National City Adult Education Center directly south of the site offers an existing active use that, coupled with other uses (such as housing, more educational uses, and retail), may help fulfill a greater development capacity of the site and bring "eyes" on the space for 24/7 activation. The transit center site may provide the ultimate TOD opportunity, with the ability to orient uses and buildings to the station and to capture transit riders as they arrive/depart the area with additional active uses. Other opportunities include the potential for a Public/Private Partnership with educational institutions (such as the Sweetwater Union School District, UCSD and trade schools) or with market rate and affordable housing developers, among other groups. As publicly owned land, the site may also be a good candidate for grants and subsidies to help finance new development. Any development proposed for the site will need to address the impacts from highway noise and contaminants, as this is an existing condition that has impacted the community negatively for decades. Notwithstanding these constraints, TOD development on the transit site may help fulfill the city's General Plan vision of the site as a major gateway to the city (National City General Plan Figure LU-5). With education and a mix of supporting uses on and near the site, the 24th St. Station can also continue to grow as the city's connection point to employment opportunities in the city, region and beyond. + Parking Lots Parking lots dominate the southwest quadrant of the TODO study area, with more than 50% of that area devoted to automobiles. Large expanses of paving contribute to the urban heat island effect and to significant increases in urban runoff (https://www.epa. gov/heatislands). Recent studies demonstrate that low-income communities of color are disproportionately affected by urban heat, which compound underlying medical conditions PARKING LOTS 73 24th Street TODO - DRAFT FOR PUBLIC REVIEW 649 of 731 (often also attributable to their physical living environment). Moreover, large expanses of paved and undeveloped areas erode the walking environment. Inactive, visually barren, and unbuilt street edges increase perceived walking distances and encourage speeding, making the pedestrian environment less safe and unpleasant. Parking lots also represent a significant amount of land area devoted to storage that might be made available for new development. Since lots are typically large in size and mass graded with minimal slopes to accommodate drainage, they make excellent sites for new development. Assuming the parking can be either eliminated, reduced, or replaced, new development does not need to displace existing viable commercial, industrial or residential uses on the site. A possibility also exists to line street frontages with new development, creating a more active and engaging street environment that supports all modes of transportation (walking, cycling, transit and cars). As the TODO area develops, parking lots may well be the first places that "fill in" with a mix of uses and spaces that complement existing uses and add new uses that the area needs. New buildings can treat stormwater and add greenspace and trees on -site, reducing the amount of impervious surfaces that currently dominate the area and contribute to the heat island effect. Vehicles can be tucked away, hidden behind new development, and buildings can approach the street, reclaiming streets as places for people, not just cars. + Infill Lots Infill lots may be defined as properties of 20,000 square feet or smaller in size, surrounded on two or more sides with existing development. Access is often restricted to one street frontage and, in some instances, may include alley access. Infill lots pose several challenges to development, as site size, constrained access, parking and adjacent uses often restrict how much and what 05 IMPLEMENTATION can be built on the site. However, the TODO study area contains several infill lots that present opportunities to increase small-scale residential, such as bungalow courts, duplex and fourplex, accessory dwelling units, townhomes and even walk-up apartments. This two and three-story density fits well with the single-family scale of many single-family areas in the study area, and development at this scale can often result in a more diverse and rich tapestry of development than large-scale, monolithic development encompassing entire blocks. + Corner Lots With a street grid and a network of compact blocks, The TODO study area includes multiple corner lots. Corner lots offer excellent development potential because buildings can front on more than one street, giving the site multiple opportunities for pedestrian and vehicular access, natural light, ventilation and views. Corner lots are also attractive for commercial and mixed -use development, as a street corner provides maximum visibility and can often serve as a gateway marker to an area. Corner lots with existing aging and under- performing commercial and industrial uses may be good first candidates for TOD mixed -use development. Mixed -use and housing can offer a higher and better economic use of those sites in the long-term. 74 DRAFT FOR PUBLIC REVIE 650 of 731 05 IMPLEMENTATION Corner lots are often located at key intersections in the community. i8th St. is a pedestrian and bike corridor that connects residential neighborhoods to parks, schools and transit. As 18th St. crosses other corridors, such as Highland Ave., those corners serve as important community anchors. While existing zoning in most instances may allow mixed -use, the co -location of residential with auto -oriented uses should be considered and may present a challenge to corner lot development. The high speed, congestion and presence of automobile traffic on streets surrounding major corners lots of the study area should also be considered when evaluating the feasibility of development there. + Large Lots While small-scale infill development prevails in the areas north of the 24th Street Station, areas to the south are characterized by large lot development. Existing commercial and industrial uses include primarily warehousing and distribution centers, business park office uses, fitness related uses, and automotive supply and repair uses, with a few manufacturing uses (such as plastics, sandblasting, aircraft supply and military related supply uses). Auto dealerships along the National City Blvd. Mile of Cars and the National City Swap Meet make up another large section of large lots in the southern areas of the TODO. With lot sizes greater than 1 acre, these large lots may be considered attractive for large- scale development of multi -family residential, mixed -use, commercial and additional industrial. However, from one-on-one interviews with property owners in the area, the prevailing opinion is that the existing commercial and industrial uses in the area (primarily along Hoover Ave.) are perceived as viable economic uses, and the near -term (and for some properties also mid-term) outlook for redevelopment is not strong in this area. The Swap Meet and Auto Dealerships also provide viable economic uses and tax revenue, making them less attractive for wholesale redevelopment and turnover to other uses. However, assuming a long-term outlook for automotive sales and the ability to achieve a greater compatibility between commercial and light industrial uses and residential uses, there is potential for a mix of uses to be introduced incrementally and deliberately over time to large lots in this area. The wholesale redevelopment of large parcels can often have unintended, negative consequences for an area, from gentrification and displacement to colocation challenges and impacts to hours of operation, truck circulation routes, noise, and other factors affecting the livability of the area. These impacts must be considered and may be addressed through design and thoughtful, incremental placement of uses in focused areas of the lot. If new uses are brought to large lots, they should be concentrated in areas away from the highway, heavy industry, and truck routes. Street and circulation improvements should be coordinated with private investments in large lots for maximum benefit to the larger area and community. A shared parking strategy should be explored to maximize the efficiency of existing parking and leverage existing resources. 75 24th Street TODO - DRAFT FOR PUBLIC REVIEW 651 of 731 + Warehouses Both large and small infill lots in the TODO study area support warehouses of varying building types, sizes and uses. Industrial, pre - manufactured "Butler" buildings dot the area alongside concrete masonry and tilt -up concrete structures with varying businesses within their walls (from welding and plating to fitness and beauty studios). The impacts from colocation of warehouses adjacent to single-family homes is well documented in the Westside Specific Plan and remains an important and relevant concern for the study area. In 2011, the city commissioned a report that establishes a methodology for ranking non -conforming, polluting properties in the area . This report was used as a basis for development of an Amortization Program to transition warehouse and industrial properties in the Westside Specific Plan area. While the City has an amortization program designed to phase out these businesses, only two businesses have successfully completed the amortization process, with one simply relocating to another location within the study area. This data demonstrates that land use and enforcement alone cannot solve the challenges of colocation of industrial with residential. Additional strategies are needed to work in hand with the amortization program. One bold, yet ill-defined, strategy that should be explored further is the adaptive reuse of warehouse buildings for at least three compatible and desirable commercial uses in the TODO study area: education and job training, small- scale mom and pop retail, and grocery. Current planning best practices advocate for land uses and transit -oriented development that results in greater access to healthy foods, health care, education and a mix of neighborhood serving uses. Adaptive reuse of warehouses can provide unique opportunities to fulfill these needs in the community at a scale that is consistent with the existing small, walkable, neighborhood scale of the area. 05 IMPLEMENTATION + Paradise Creek Blocks The Paradise Creek, Paradise Creek Educational Park and Paradise Creek Apartments together set the stage for development of a Paradise Creek Gateway District. Enhancements to this area form a beautiful and unique gateway to the city and to the 24th Street Transit Station. As a major open space connection, the creek links transit infrastructure, education, jobs, commerce and residents to the wider city, Kimball Park, Civic Center, the Sweetwater Marsh and San Diego Bay. Several properties alongside the Paradise Creek offer ripe opportunities for new investment in the area to support a greater mix of uses, pedestrian enhancements, green infrastructure, and public open spaces. Existing properties turn their back on the creek, neglect their environment and fail to maximize their potential to create a livable and highly connected neighborhood that embraces the restored creek as an important natural asset to the area. While direct frontages on the creek may not always be possible, all properties along the Paradise Creek should connect with the creek in a meaningful way. Moreover, the potential to stitch together existing and future land uses with the creek and transit infrastructure will reinforce a strong sense of place and continue to build an authentic identity for the area. 76 DRAFT FOR PUBLIC REVIE 652 of 731 05 IMPLEMENTATION 5.2 DEVELOPMENT PROTOTYPES To evaluate the development feasibility of candidate sites described above, several development prototypes are proposed. The prototypes enumerated below represent a range of opportunitiesfortheTODO study area and include a variety of building types and scales, from accessory dwelling units to bungalows, fourplexes, walk-up and mixed -use apartments, high-rises and one-story commercial buildings. In most instances, residential was considered the predominant land use, with commercial as secondary uses. The prototypes analyzed do not represent an exhaustive and comprehensive list of development opportunities, but a representative sample of potential developmentfortheTODO area. Fora more detailed design, analysis and financial proforma of the prototypes, see TOD Feasibility Analysis - Appendix C to this plan. RIBBON SCREENS Ribbon Screens are a mixed -use development prototype proposed for underused parking lots and wide landscaped setbacks fronting key streets in the study area. Where development of the street edge and activation of the public realm is desired, Ribbon Screens can instigate the transformation of key transportation corridors in the study area. This prototype can be deployed along wide stretches of street frontages to help screen parking lots, commercial, and industrial uses from the street. Ribbon screens work on "skinny" sites, with lot depths as shallow as 14 feet. They can variate in height, length and depth depending on site opportunities and neighborhood context. A "walk-up" model may include three stories with ground floor retail, shopkeeper units or live -work units. Parking is maintained in the rear of the lot, "tucked under" the building. In areas where noise and other impacts from the street and adjacent land uses are a concern, Ribbon Screen buildings may be designed with residential units facing inward and screened from the street, as shown on figures 5-1 to 5-4. As a near -term development prototype, Ribbon Screens provide activation and enhancement of the public realm with the addition of small-scale retail and housing, without displacing existing uses or precluding larger -scale infill development as uses and properties transition over the mid and long-term. rmcal Unit Figure 5-2: Ribbon Screen: Typical Unit Floor Plan and Section Figure 5-2: Ribbon Screen: Example Location 11111111i— In. More. • L . aka..,,._,,, t'rca.og-006r,orko„ Figure 5-3: Ribbon Screen: Typical Parking Layout 77 24th Street TODO - DRAFT FOR PUBLIC REVIEW Figure 5-4: Ribbon Screen: Example Elevation 653 of 731 Key Issue: Affordability & Displacement Ribbon Screens are designed to fit within the first 20 feet of the lot depth, in the place of landscaped setbacks, parking and vacant areas of the site fronting the street. In this way, this development prototype does not displace existing uses and buildings but adds new development potential incrementally. The Ribbon Screen prototype is one way to add much needed housing in the study area without displacing existing uses. Its compact footprint and ease of construction, along with smaller unit size, make this an affordable housing alternative to larger -scale monolithic development. TRANSITION BLOCKS In an area with a great mix of land uses and building types, transitions are needed between intense uses (such as commercial automotive and industrial) and residential uses (especially single-family neighborhoods). Several blocks in the TODO study area include entire blocks of existing commercial automotive and Tight industrial uses that back up to single-family housing blocks. As those properties transition overtime, opportunities exist to implement housing on the side of the property that faces existing residential, with buffers and screening that facilitate the transition from the commercial use to the new residential use and the residential street. These "transition blocks" accommodate multi- family residential of a scale and design that may be made consistent with the scale of the residential neighborhoods behind. By grouping units into four to eight-plex configurations facing courtyards, the scale and rhythm of development may mimic the existing single-family homes in the area. Buffers, setbacks, screening and landscape will be required between the new residential use and existing commercial uses while those uses transition over time to mixed -use and other uses (see Figure 5-5). 05 IMPLEMENTATION Figure 5-5: Transition Block: Example Site Layout Key Issue: Buffers And Transitions By building the rear portion of commercial blocks in the study area with multi -family residential, we provide a buffer and transition between the commercial uses and residential neighborhoods along major corridors of the study area (such as National City Blvd.) Transition Blocks stabilize eroding residential edges of the single-family neighborhoods in the study area and complete both sides of residential streets (such as A Street). This prototype anticipates four to eight-plex units oriented around courtyards. Parking access is provided from the rear of the site, creating an additional buffer to the adjacent commercial use with ample space for landscaped setbacks, screen walls and a row of trees to screen the new residential use. 78 DRAFT FOR PUBLIC REVIE 654 of 731 05 IMPLEMENTATION ADAPTIVE REUSE Adaptive reuse of industrial and commercial warehouses and structures is a development strategy that many cities have embraced in recent years. A wave of industrial warehouse conversions to loft apartments hit Downtown San Diego in the early 2000's.The rapid proliferation of micro -breweries and the beer industry in San Diego saw a second wave of conversions in neighborhoods such as North Park, Barrio Logan, and across the county, from Downtown Vista, to Downtown Chula Vista, for example. In these examples, the transition in use was driven by market forces that puts pressure on gentrification of those neighborhoods. In the TODO study area, Adaptive Reuse has the potential to be more about community building. As a development strategy, it should respond less to market forces and more to facilitating compatible uses that provide many of the services neighborhoods lack. With this in mind, the prototypes shown below demonstrate the potential conversion of industrial and commercial buildings for education and job training, grocery and healthy foods, and small-scale retail uses (see Figures 5-6 through 5-8). N Solo ti Key Issue: Co -Location of Residential & Industrial Adaptive Reuse is an attractive and viable alternative to full-scale demolition of non- conforming structures. In neighborhoods such as the Westside Specific Plan area or "Old Town National City," the co -location of industrial uses next to residential is a persistent condition that contributes to ongoing impacts to the health and safety of residents and businesses in the area. While the Westside Specific Plan proposes sharp measures (such as the amortization of non- conforming uses), it focuses almost exclusively on land use as a solution. Land use changes can take decades. Adaptive Reuse can serve as an interim measure that can be implemented sooner. qq, LEGEND 0 ADD OUTDOOR SEATING 0 REPLACE EXISTING OPENINGS Q ADD SOLAR SHADING DEVICE 10 ADD OPENINGS TO STREET ELEVATION 0 ADD MEZZANkNELEVEL TOCREATE MORE SPACE • EDUCATIONAL USE SOCIAL USE CIRCULATION STAFF USE PARKING Figure 5-6: Adaptive Reuse: 3D View showing reuse of a masonry war79ehouse for educational use 1 I 24th Street TODO - DRAFT FOR PUBLIC REVIEW 655 of 731 05 IMPLEMENTATION LEGEND • ADD FENCING BETWEEN BOTH BUSINESSES • PUBLIC USE 0 ACTIVATION OF COURTYARD THROUGH JUCIERY STAND STAFF USE FOOD VENDORS Q EXTENSION OF MARKET OUTSIDE ACTIVATION OF STREET CORNER THOUGH SHADED SEATING Figure 5-7: Adaptive Reuse: 3D View showing reuse of mechanic garage for grocery/ market DRAFT FOR PUBLIC REVIE 656 of 731 05 IMPLEMENTATION LEGEND 0 ADD FENCING BETWEEN BOTH BUSINESSES •ARTISTIC{ CRAFT MAKER • ACTIVATION THROUGH FOOD VENDORS BARBER SHOP • ADDITION Of MORE GREENERY PET SUPPLY o EXTENSION OF RETAIL TO STREET FRONT ' REPAIR SHOP O CREATE STALLS FOR COMMUNITY BUSINESSES Figure 5-8: Adaptive Reuse: 3D View showing reuse of mechanic garage for "mom and pop" retail uses 1 J r> 24th Street TODO - DRAFT FOR PUBLIC REVIEW 657 of 731 PENCIL TOWERS "Pencil" Towers were explored as a prototype to test their viability in the study area and compare the prototype to lower density models. High- rise residential towers rarely work financially in markets outside of Downtown San Diego or other employment centers, such as Mission Valley, Sorrento Valley and University City because the high costs of high-rise construction often require above market rents, putting most residential units in the luxury category. Current zoning in the TODO area does not support towers, with a maximum building height of 65 feet allowed. Nonetheless, it is a worthwhile exercise to study their potential for two reasons. First, the availability of land and its desirable location in the city and region make this prototype attractive in the long-term. Pencil Towers can be designed to fit comfortably within existing parking lots without displacing existing uses. They also work on larger lots when Ribbon Screens or other "phase 1" uses populate the block edges and towers are sited internal to the block. The compact floorplate, coupled with smaller units, enables a more efficient use of land and a greater concentration of residential density close to transit. Second, trade-offs can be obtained in exchange forthe additional height needed for towers. These may include the provision of more open space, public plazas, community spaces, affordable housing, and mixed -use (among other potential community benefits). The concentration of density in select areas of the TODO means more of the single-family residential areas can be protected from increased development pressures. A detailed financial analysis of Pencil Towers is provided in Appendix C — RED Report. 05 IMPLEMENTATION Key Issue: Open Space "Pencil Towers" or high-rise buildings with a limited footprint and small floorplates offer the opportunity to preserve open spaces on a site for public and recreational use. By building vertically instead of horizontally, less surface area of a site is covered by buildings and may be used for green/ open space areas. Aside from the Paradise Creek and Paradise Creek Educational Park, the TODO study area lacks greenspace and recreation area. Given the cost and time required to deliver public parks, the provision of greenspace within private development may be a viable alternative if that space is made available to the greater public as well as to residents of the development. Open space and landscaped areas of a site may also serve a dual function as buffers and screening of residential uses from existing commercial and industrial uses. Figure 5-9: Pencil Towers: Conceptual 3D View showing how towers may be sited within block development 82 DRAFT FOR PUBLIC REVIE 658 of 731 05 IMPLEMENTATION "TINY HOMES" & BUNGALOW COURTS Key Issue: "Right Sizing" Infill Development Tiny Homes and Bungalow Courts offer the advantage of greater density withoutthe visual and scale impacts. Since dwelling units are often single -story and may be detached, they can easily match the scale and size of surrounding single-family homes. In a compact configuration and with reduced setbacks, as much as eight to ten bungalows may fit within a standard 7,45o square foot site (See Figure 5-3.3.). This is a density of more than 5o dwelling units per acre. While such a density is often associated with multi -story apartment buildings, with this prototype, the height does not need to exceed two stories. The "Tiny Home" concept has gained popularity in the last decade, especially among millennials craving an urban lifestyle and greater choice. Loosely defined as homes under 50o square feet and often associated with small lots or split lots, Tiny Homes offer economy, sustainable living and a greater connection to community by giving young professionals and families greater choices in housing location, size and cost (Anne Wyatt, Planning, February 2o16). Because they are small, may be factory built, and come in various styles, Tiny Homes can easily fit, unnoticed within the side and back yards of single-family neighborhoods. While size excludes families, this prototype may serve the needs of seniors, students and single military personnel in theTODO area. Similar and perhaps more efficient, Bungalow Courts are a proven housing typology from the early loth century that consists of six to as much as twelve attached or detached "bungalows or cottages" arranged along an internal paseo or landscaped court, typically all fitting within a standard single-family lot Figure 5-io: Bungalow Courts: Conceptual 3D View vl or combination of two or more single-family lots. Bungalow Courts offer a "single-family lifestyle," with separated, individual units with private yards and porches, yet in a communal arrangement with shared access and a common courtyard or paseo (see Figures 5-zo and 5-zz). Recent state legislation and corresponding local programs have renewed a focus on Accessory Dwelling Units or Second Units as one way to help address our affordable housing crisis through small-scale densification of primarily single-family neighborhoods. Accessory Dwelling Units advance the city's growth and policies by accommodating new housing units while preserving the character of existing neighborhoods, allowing efficient use of the city's existing housing stock and infrastructure. They provide housing options and choices that respond to varying income levels, changing household sizes and lifestyle needs. Adding Tiny Homes and Bungalow Courts to this mix will further these goals and provide greater diversity of housing stock that is compatible and "right sized" for existing infill neighborhoods. . • . ALLEY BUNGALOW COURT 10 Bungalows 14 Parking Spaces (Tandem) LEGEND Property Line Landscape Parking Circulation 1 BED Residential 2 BED Residential Carport 83 24th Street TODO - DRAFT FOR PUBLIC REVIEW Figure 5-ii: Bungalow Courts: Conceptual Site Plan 659 of 731 CORNER INFILL Street corners are a terrible thing to waste. This is why one of the prototypes includes Corner InfiII development, which looks at opportunities across multiple intersections of the TODO study area and identifies design and development opportunities to enhance and mark the corner with active and vibrant uses, attractive features and greater intensity of building massing and forms to really celebrate corners in the area. As mentioned in Table 5-1 above, access to a site is a critical development feature and corners provide excellent access, as they enable a project to have two street frontages and great visibility. While all of the development prototypes discussed here work on street corner lots, our focus here is on Corner Infill development for some of the major mixed -use corridors, such as Highland Avenue, i8th St. and 24th St. For these areas, opportunities exist to mark the street corners with active ground floor uses (such as retail), a corner plaza or widened sidewalk, greater transparency with storefronts and breezeways and distinct architectural forms (such 05 IMPLEMENTATION as chamfers, rounded corners, vertical elements or marquee signs). The building typology explored here is "stacked flats," with ground floor commercial uses and residential above. The format is similar to the Ribbon Screens prototype, but located on more compact and contained corner sites where two frontages must be addressed. Key Issue: Strengthening Neighborhood Nodes Corner Infill emphasizes the street corner as a neighborhood node, a focal point of intensity, vibrancy, activation and gathering. While several intersections in the TODO study area function as key nodes, their vibrancy stems primarily from automobile traffic, not pedestrian activation. Corner Infill development has the potential to strengthen these nodes as pedestrian spaces, drawing from surrounding single-family neighborhoods to the west and east. Special design features and community amenities should be considered in the development of these nodes. Figure 5-12: Corner Infill: Conceptual example of activated street corner 84 DRAFT FOR PUBLIC REVIE 660 of 731 05 IMPLEMENTATION 5.3 PARKING STRATEGIES Parking can pose a significant barrierto development due the high costs associated with constructing it, especially in urban, built out environments. The following parking strategies should be considered to help facilitate development and make better use of land. SHARED PARKING AGREEMENTS Shared parking agreements are a parking management strategy that can be used where adjacent land uses have peak periods of parking demand at different times of the day. Under such an arrangement, the adjacent land uses would share the same parking supply rather than each providing their own. This approach enables a smaller supply of parking to service the same quantity of parking demand by using it more efficiently. This can be feasible within the 24th Street TODO area where residential and employment land uses are adjacent to each other because peak parking demand for residential land uses and employment land uses are complementary. Residential parking demand peaks occur typically in the evening and overnight during weekdays, and all day on weekends. Peak parking demand at office and light industrial employment sites typically conforms to weekday traditional hours of business and can be non-existent on weekends. CENTRALIZED NEIGHBORHOOD PARKING (With Parking In -Lieu Fee for Development) Centralized neighborhood parking paired with a developer in -lieu fee program is a strategy a city can use to allow developers to meet parking requirements while also maximizing land use efficiency. Instead of requiring developers to meet their parking requirements onsite, this measure would allow developers to pay a fee used to finance a centralized neighborhood parking area. The fee is calculated and assessed based on a financial analysis which determines a fair way of allocating the cost of constructing and operating the centralized parking supply among all the anticipated developments. This strategy reduces the spatial constraints imposed by the parking requirements on the site making it more feasible for developments to be constructed 24th StreetTODO - DRAFT FOR PUBLIC REVIEW to their maximum allowed densities. The centralized location of the parking also enables more efficient utilization by taking advantage of 'shared parking' opportunities created by the mix of adjacent land uses with complementary parking demand peaks. UNBUNDLED PARKING / REDUCED OR ELIMINATED PARKING REQUIREMENTS WITHIN TRANSIT PRIORITY AREAS Reforms of minimum parking requirements are occurring in many urbanized areas throughout California. The City of San Diego recently passed an ordinance (5142.o528) eliminating parking requirements for multi -family developments within Transit Priority Areas (half mile areas surrounding major transit stops, which include San Diego Trolley stations). The ordinance also requires the cost of any onsite parking that is provided within developments inside of Transit Priority Areas to be unbundled from the cost of purchasing or renting the property. When parking is unbundled, the user of the parking pays the cost of the parking directly (sparing any non -users from sharing the costs). This removes a formidable mechanism in place which skews transportation decision making in favor of driving. When paired with onsite amenities which improve mobility alternatives and/or reduce driving demand, this can significantly reduce an area's overall parking demand. This strategy is feasible within the 24th StreetTODO area, which includes the 24th Street Transit Center and shares many other similar urban characteristics to City of San Diego Transit Priority Areas. 5.4 MOBILITY INFRASTRUCTURE IMPLEMENTATION The TODO area's transportation infrastructure, land use patterns, and demographics exhibit characteristics that are competitive for a variety of grant funding sources. Figure 5-13 on the following page depicts grant competitive areas consisting of designations related to SANDAG Smart Growth Opportunity Areas, CalEnviroScreen percentile rankings, SB 535 Disadvantaged Communities, AB 155o Low -Income Communities, and Transit Priority 85 Areas. 661 of 731 Figure 5-13: GrantCompetitive Areas SANDAG Smart Growth Opportunity Areas Transit Priority Areas Smart Growth Concept Areas Existing/Planned Urban Ccnter 111 own Cencer 111 i(ed Ilse Transit Corridor 05 IMPLEMENTATION CalEnviroScreen Percentile Rankings ......- , , , ,.....„ 1 , , ........_....,_ \ 4 \ vis,su tat.st 88% CalEnviroScrcen Percentile Scores uuu.„ lt 82% 62% 86% \ .‘ 73% 4,,, _ ou--- ,or----- -- - \ '--- Alaiiiirik \ is Mks of f nvininmentslIkalth ItizardAssessment(1011) SB 535 Disadvantaged Communities & AB 1550 Low -Income Communities 5 ' i I i5. ......'1, i t L. ,501:1 I F SB 535 Disadvantaged &immunities 2nd AB - 1550 Loa -Income Communities AB 1550 Low -Income Communities within a U2 mik of a SB 535 Disadvantaged Community k 86 DRAFT FOR PUBLIC REVIE 662 of 731 05 IMPLEMENTATION Table 5-2 below identifies some of the grant sources applicable to the TODO area. These sources may be pursued to help cover the cost of project implementation. Table 5-2: Grant Funding Sources PROGRAM ADMINISTERING AGENCY ELIGIBLE PROJECTTYPE EXAMPLES TransNet Smart Growth Incentive Program SANDAG Infrastructure projects that support smart growth development in Smart Growth Opportunity Areas Active Transportation Grant Program SANDAG Bicycle and pedestrian facilities Active Transportation Program California Transportation Commission/Caltrans Capital projects that encourage an increased use of active modes of transportation Affordable Housing and Sustainable Communities Program (AHSC) Strategic Growth Council and Department of Housing and Community Development Bicycle and pedestrian facilities connecting to an affordable housing project Urban Greening California Natural Resources Agency Bicycle and pedestrian facilities Transformative Climate Communities (TCC) Strategic Growth Council and Department of Conservation Bicycle and pedestrian facilities; bike share programs Clean Mobility Options Air Resources Board Infrastructure projects; bike share programs Sustainable Transportation Equity Project (STEP) Air Resources Board Bicycle and pedestrian facilities Transit and Intercity Rail Capital Program (TIRCP) CaISTA and Caltrans Division of Rail and Mass Transportation First/last mile improvements; bicycle and pedestrian facilities Local Partnership Program California Transportation Commission Bicycle and pedestrian facilities Local Streets and Roads (LSR) Program California Transportation Commission Complete Streets components; safety projects; bicycle and pedestrian facilities Highway Safety Improvement Program (HSIP) Caltrans Local Assistance/FHWA Safety projects; bicycle and pedestrian facilities State Transportation Improvement Program (STIP) California Transportation Commission Bicycle and pedestrian facilities 87 pg 82 24th Street TODO - DRAFT FOR PUBLIC REVIEW 663of731 05 IMPLEMENTATION Tables 5-3 and 5-4 summarize the recommended intersection and roadway mobility enhancements presented throughout this document. Table 5-3: Intersection Enhancements z ao uE 0 J w Z Q a�z wOlD a u �n W u Q z a > O Q cn w -J m l7 u Z Q w Z 'A- ce 05in z 0 in m Z c W X u w '�•M Wilson Ave & 22nd St S, E, W S, E Wilson Ave & Mile of Cars Wy/24th St N, S, W N, S, W N, S, W Coolidge Ave & i4th St E, W Coolidge Ave & 3.7th St E, W Hoover Ave & 22nd St All NE All SW, SE Hoover Ave & Mile of Cars Wy/24th St All All All Roosevelt Ave & Plaza Blvd All All National City Blvd & Plaza Blvd All All W National City Blvd & 3.2th St All All National City Blvd & Civic Center Dr N, W N, W N, W National City Blvd & a6th St All All All National City Blvd & i8th St All All National City Blvd & 22nd St All N, S SW All All All All All National City Blvd & Mile of Cars Wy/24th St All All National City Blvd & 28th St E, W All All All National City Blvd & 3oth St E, W All All D Ave & 16th St NE, SE All All All All S DAve &18thSt All All D Ave & 24th St All All All All E, W NW N, S D Ave & 3oth St All All All F Ave & 24th St N Highland Ave & i6th St All All All Highland Ave & i8th St All All Highland Ave & igth St N, W Highland Ave & 2ist St All All All Highland Ave & 24th St All All E Highland Ave & 3oth St NW, SW W All All SW NW, SW 88 DRAFT FOR PUBLIC REVIE 664 of 731 05 IMPLEMENTATION Table 5-4: Roadway Enhancements mon a VEHICULAR MODIFICATIONS BICYCLE MODIFICATIONS 1 Hoover Ave, from Mile of Cars Way to 28th St Remove one travel lane in each direction; install center left -turn lane Install one-way cycle track in each direction; provide green conflict paint at driveways and through intersections Hoover Ave, from 28th St to 3oth St As adjacent properties redevelop, install center left -turn lane; provide on -street parking As adjacent properties redevelop, install one-way cycle track in each direction; provide green conflict paint at driveways and through intersections; as an interim improvement, install Class III Bike Route sign and in -pavement Sharrow markings Hoover Ave, from 3oth St to 33rd St Install center left -turn lane Install one-way cycle track in each direction; provide green conflict paint at driveways and through intersections 18th St, from McKinley Ave to Wilson Ave Convert to two-way travel N/A igth St, from McKinley Ave to Wilson Ave Close to vehicular traffic Re -purpose the right-of-way as a public space intended for non -motorized travel 24th St, from National City Blvd to Highland Ave Remove one travel lane in each direction; install center left -turn lane Install buffered bike lanes in each direction; provide green conflict paint at driveways and through intersections 3oth St, from Hoover Ave to Highland Ave Remove one travel lane in each direction; install center left -turn lane Install two-way cycle track along the north side of the roadway; provide green conflict paint at driveways and through intersections 89 pg 84 24th Street TODO - DRAFT FOR PUBLIC REVIEW 665 of 731 Appendices A. Mobility Existing Conditions B. Urban Form Existing Conditions C. TOD Feasibility Study D. Mobility Technical Report E. Surveys & Outreach Summaries 666 of 731 Martin Reeder From: Joan Rincon <jrincon@mail.com> Sent: Thursday, May 13, 2021 4:21 PM To: Planning Commission Subject: May 17 Planning Comm, Public comment on item.3, 24th Street TODO Follow Up Flag: Follow up Flag Status: Completed CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. You will be glad to hear that I do talk about things other than cannabis. I want to say a little abouth 24th Street TODO. At the last meeting many of my snottiest comments related to the problem of not completing development projects in National City. So I ask this question about TODO: How are we going to get the good things in this plan built? This gives me an chance to say something that is both truthful and nice. I have communicated with Martin Reeder and Planning staff since fall 2018 many times. Without exception each person has been gracious, professional, generous with time, knowledgable, welcoming and enthusiastic about helping a new person learn as much as possible. !know for a fact that many developments are stalled in National City simply because a developer refuses to put a shovel in the ground. For example, when I asked Mr. Reeder what was going on with the vacant lot next to the library, he told me accurately that everything was greenlighted on the City's end, and the developer would not get started because of profitability concerns. I called them up and verified this was true. Whatever shortcomings this City has are not the fault of our Planning Department. 1 come back to the question, how will we get the good things built? I particularly like the housing aspects of this plan. I worry that we are seeing a trend of mixed use projects not geting built because they are reliant on the commercial space for much of the profit, yet we have an excess of commercial storefront in National City, Some people I know have real concerns about how this plan treats the Mile of Cars, and I agree. I also ask you to give full attention to any comments by Mr. Godshalk, because he has put a lot of consideration into this. My main point for tonight is, how will we get anything built? That is beyond the Planning Department's responsibility. But once things are approved they seem to disappear into an abyss. I am not aware of any part of the City pushes these things and keeps them on track. What this City needs is some kind of group devoted to getting forward movement of things that exist on paper.I don't want to look back on TODO in ten ysars and find that nothing has changed. So I ask all of you on this Commission, please help come up with an idea for a mechanism to push good things forward. Please consider putting that on the agenda for a future meeting, and let's see if we can get some forward momentum that continues where the traditional planning process leaves office. -Joan Rincon, National City ATTACHMENT 4 91 667 of 731 Martin Reeder From: Ted Godshalk <paradisecreek@me.com> Sent: Monday, May 17, 2021 12:27 PM To: Planning Commission; Ted Godshalk Subject: Public comments for Item 3 May 17, 2021 CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Planning Commission, The process for the TODO plan has been carried out with very little public engagement. I encouraged the Planning Department early on to hold off until the public could gather and discuss this in detail. That was not done and the plan shows it. I will address several problems with this planning effort. The plan's "green ambitions," need much closer examination. Mr. Billy Fleming, professor of landscape architecture recently said something that can be applied here. He said, "We don't need playful design proposals. We need... prototypes for the resilient futures we've been promised." He and I are critical of plans that cram many people into small spaces. COVID has highlighted this. In relation to my personal connections to the area, I have two specific criticisms. First, the ideas in pages 57 to 59 involve Paradise Creek. As a director with the non-profit group that started the Educational Park in 1993, I have worked to protect Paradise Creek and have seen this work be a stimulus for the removal of the toxic City Dump, expansion of park space, and the building of affordable apartments. TODO's plan directs its focus upstream north of 18th Street. While the page 59 designs are a start, I believe that the flooding has worsened at 18th St. between Hoover and National City Blvd. to the point where a planned retreat out of the flood plain is required for all buildings and streets. 18th Street is not the only way through to freeways. Cars and buses can certainly pass through on 16th and 22nd. The folly of National City's earlier approval of buildings in the flood plain can be reversed. Let's really restore Paradise Creek, keep it a public space and open it up to natural flood control, habitat restoration, and walking and bike paths, instead of the design called out. Secondly, as a resident of the westside of I-5, I have studied the bike path plan on pages 34 and 35. encourage you to reject the plan to close the 19th Street underpass to traffic and build a bike path and mini -park. There needs to be more traffic circulation analysis before determining the best way to connect bike paths in Old Town to the Bayshore Bikepath. The roadway can contain a two way bike path without anymore than one car lane in one direction. A mini -park should be built on McKinley Ave near the apartment complex there and along the Bayshore Bikepath that will run there. In the daylight, the children of the area will have the open space they need. The problems with the plan in tonight's agenda are numerous and significant. Do not create dangerous conditions for motorists and bikers by making one underpass a two-way street. We experienced this when Cal Trans constructed the Earthquake retrofit on the overpass. Big -rig trucks use this street in both directions, primarily to 1-5. Do not create a hazard by narrowing the street and then connecting back to the very busy Wilson Avenue and the proposed one-way 92 668 of 731 McKinley Ave. Do not make this project about park space. National City and Cal Trans has provided minimal cleanup of the homeless camps under the freeway here. City crews have never maintained the underpasses. Trash and graffiti have accumulated over the years. This somewhat inaccessible path and mini -park may increase police calls to the area. The lowest point in the underpass currently floods, is impassable during rains, and has a dry weather runoff/ groundwater problem. While the appearance of the concrete walls is horrendous, a better plan can improve the area and not bring in new issues. This element should be rejected tonight. Thank you, Ted Godshalk 93 669 of 731 Martin Reeder From: Danny Serrano <dannys@environmentalhealth.org> Sent: Monday, May 17, 2021 3:12 PM To: Planning Commission Subject: RE: Agenda #3 (24th Street TODO Plan) - EHC's Comments Attachments: 5_17_2021_24thSTTODO_EHC Comments_Agenda_3 NC PC.pdf CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Chair Dela Paz: EHC is always pleased to collaborate with City staff on environmental justice efforts. EHC and the City have a long history of working together to improve the health and environment of our communities. EHC believes that the City values environmental justice which is evident from past planning efforts such as the City's Westside Specific Plan, the City's amortization program, and the City's Health and Environmental Justice Element. We are writing to you today to share EHC's perspective about the proposed TODO project. EHC's goal is to ensure the very best outcomes for the existing residents within the TODO project's footprint, particularly within Old Town. EHC has attended all workshops to date and has actively engaged with City staff. The purpose of our attached letter is to reiterate that none of the comments that EHC has consistently made over the course of more than a year have been properly addressed. We urge the City to engage in collaborative public participation strategies and address the concerns EHC and community members have raised for over a year. Thank you for your time and consideration. Sincerely, DANNY SERRANO, AICP CAMPAIGN DIRECTOR Environmental Health Coalition I Environmental Health & Justice Campaign 2727 Hoover Avenue, Suite 202, National City, CA 91950 Cell (619) 850 1527 Email: dannys@environmentalhealth.org EHC WEB I EHC TWITTER I EHC FACEBOOK EMPOWERING PEOPLE • ORGANIZING COMMUNITIES • ACHIEVING JUSTICE EHYIROHIEKTAL •RE11[TH[ ALITI(1N S40Yaa rsofEJ AUGUST 20, 2020 94 670 of 731 tt ENVIRONMENTAL HEALTH COALITION May 17, 2021 Maria Dela Paz Chair Planning Commission City of National City 1243 National City Blvd. National City, CA 91950 10 EARS 2727 HOOVER AVE., SUITE 202 NATIONAL CITY, CA. 91950 (619)474-0220 ENVIRONMENTALHEALTH.ORG Via: P1cPubComment@nationalcityca.gov RE: May 17, 2021 Planning Commission Hearing — Environmental Health Coalition's (EHC) Comments and Concerns — Agenda #3 (24th Street TODO Plan) Dear Chair Dela Paz: EHC is always pleased to collaborate with City staff on environmental justice efforts. EHC and the City have a long history of working together to improve the health and environment of our communities. EHC believes that the City values environmental justice which is evident from past planning efforts such as the City's Westside Specific Plan, the City's amortization program, and the City's Health and Environmental Justice Element. We are writing to you today to share EHC's perspective about the proposed TODO project. EHC's goal is to ensure the very best outcomes for the existing residents within the TODO project's footprint, particularly within Old Town. EHC has attended all workshops to date and has actively engaged with City staff. The purpose of this letter is to reiterate that none of the comments that EHC has consistently made over the course of more than a year have been properly addressed. Enclosed is a copy of our last comment letter submitted during the Planning Commission/City Council Workshop on January 26, 2021. We urge the City to engage in collaborative public participation strategies and address the concerns EHC and community members have raised for over a year. Thank you for your time and consideration. Please contact Danny Serrano/Campaign Director at dannys@environmentalhealth.org for any additional information. EMPOWERING PEOPLE. ORGANIZING COMMUNITIES. ACHIEVING JUSTICE. EMPODERANDO ALA GENTE. ORGANIZANDO LAS COMUNIDADES. LOGRANDO LA JUSTICIA. 95 671 of 731 Sincerely, Diane Takvorian Executive Director DannySerrano Campaign Director Enclosed: EHC's 1/26/2021 Letter to City Council 96 672 of 731 IRENVIRONMENTAL HEALTH COALITION January 26, 2021 40 :ARS 2727 HOOVER AVE .,SUITE 202 I NATIONAL CITY, CA 91950 I (514)474-0220 I ENVIRONMENTALHEALTH.ORG Mayor Sotelo-Solis and City Council City of National City 1243 National City Blvd. National City, CA 91950 Via: clerk@nationalcityca.gov RE: January 26, 2021 TODO Workshop — Environmental Health Coalition's (EHC) Comments and Concerns Dear Mayor Sotelo-Solis and City Council: EHC is always pleased to collaborate with City staff on environmental justice efforts. EHC and the City have a long history of working together to improve the health and environment of our communities. EHC believes that the City values environmental justice; this is evident from past planning efforts such as the City's Westside Specific Plan, the City's amortization program, and the City's Health and Environmental Justice Element. We are writing to you today to share EHC's perspective about the proposed TODO project. EHC's goal is to ensure the very best outcomes for the existing residents within the TODO project's footprint, particularly within Old Town. EHC has attended all three workshops to date and has actively engaged with City staff. The purpose of this letter is to provide EHC's initial comments on the materials that were posted on the City's webpage on 1/21/2021. In summary, we continue to be concerned about the TODO project's lack of specific metrics and requirements for affordable housing; its potential to intensify and/or create new land use incompatibilities; its potential to displace current residents; and the overall lack of adequate information provided to enable meaningful input from the community. EHC offers the following recommendations for avoiding these impacts, and we urge the City Council to modify the proposed plan and incorporate policy direction to address these concerns. 1. Public outreach is severely inadequate. Three more workshops/webinars are needed: Although the City's project team has had many workshops, interviews, and surveys in 2020, the public outreach effort and the information shared with the community has been severely lacking. EHC provided constructive recommendations in our 7/26/2020 letter (enclosed) to improve public participation and ensure meaningful engagement, however these do not appear to have been incorporated. EMPOWERING PEOPLE. ORGANIZING COMMUNITIES. ACHIEVING JUSTICE. EMPODERANDO A LA GENTE. ORGANIIANDO LA5 (OMUNIDADES. LOGRANDO LA JUSTILIA. 97 673 of 731 2. Specific project information has not been available to the public: The scale of changes proposed throughout the TODO project area is substantial and would drastically change the vision and quality of life for these communities. While the City's 1/26/2021 staff report materials that were posted on 1/21/2021 do finally show the location of proposed up -zoned parcels and what the existing land use capacities are for those parcels, it does not include other details as to how this is a departure from existing/adopted planning documents' visions, goals, policies and was available only 5 days prior to today's workshop. EHC requests that the City address EHC's previous comments along with updated project information through a series of at least three additional workshops in order to have robust and informative public dialogue. Please note that the public outreach plan for this project, released nearly one year after the project started, clearly states that a public notice will be provided three weeks prior to the 1/26/2021workshop. Public notice was provided about today's workshop and its materials just last Thursday, 1/21/2021 (5 days ahead of tonight's workshop). We are also not aware of any significant efforts to get the word out about this event other than posting the information online. 3. Protections against gentrification/dislocation must be included and required for any additional densities associated with the TODO project. The City needs to describe and show trends related to gentrification/dislocation that would result from implementation of this plan. Since the Westside is primarily renter occupied and includes low AMIs, the City should describe how the TODO project impacts the dominant population of residents. The 1/26/2021 staff report does not discuss what requirements, if any, future project applicants would have to achieve to be able to apply for these additional densities. It is clear that the City is attempting to provide incentives to the development community in an effort to incentivize change on a faster pace within the City's environmental justice communities. This would be a huge windfall for the development community and property owners but would likely be at the expense of existing residents that overwhelming rent and do not own property and who have long endured land use incompatibilities. This project needs to identify what protections the City will provide to mitigate gentrification and how the City's Amortization Program would be incorporated. EHC recommends that the City evaluate the City of San Diego's recent "Complete Communities" program adopted in 2020 and consider incorporating similar strategies that tie increased densities to clear requirements for very low, low and moderate income housing units. This approach should also be considered in areas outside of the TODO footprint area that are located near existing/future transit as part of the Focused General Plan update in an effort to better distribute the amount of density SANDAG has asked the City to accommodate in its General Plan through the RHNA process. 4. Potential to intensify and/or create new land use incompatibilities must not be allowed. The proposed Plan does not acknowledge that the project area is already significantly burdened with some of the highest levels of pollution and land use incompatibilities in the County. Locating a significant increase in housing adjacent to industrial uses and I-5 is very concerning 98 674 of 731 and would lead to more housing/industrial co -location issues already prevalent throughout the western areas of the City which is exactly what EHC and local residents have been trying to reverse for decades. Revisions must be incorporated into the TODO project to resolve this through clear guidelines incorporating buffer zones and other requirements. Because of the very limited time provided to review the City's 1/26/2021 staff report, below are EHC's initial comments on Land Use Concepts #1 - #5. As discussed above, the City must hold at least three additional workshops to hear from the community on the various land use concepts and provide the necessary information to have the dialogue. Land Use Concept #1: • Adding 246 dwelling units next to the 1-5 freeway will compromise resident health because it would expose future residents to excessive amounts of air pollution. • Adding 570 units in areas that do not currently allow housing and/or that only allow a minimum amount of housing, needs to be discussed with the community. What are the existing land uses in and around these parcels (e.g., industrial uses), what are the specific requirements for affordable housing, what are the "reinvestments" in the creek area, how would this change the existing vision for the area, specifically how would Old Town residents benefit from this proposal etc? Land Use Concept #2: • Adding housing (652 dwelling units) next to industrial uses in an industrial area would expose future residents to a disproportionate amount of pollution, the very land use situation the community has been working to reverse in Old Town for decades. For example, EHC's office is located in this area and is adjacent to two hazardous waste related companies. The City must not reverse its commitment to environmental justice by allowing residential uses and children in this area next to hazardous waste companies. Land Use Concept #3: • Adding 1,145 dwelling units in areas that don't previously allow housing needs to be discussed with the community. What are the existing land uses in and around these parcels (e.g., industrial uses), what are the specific requirements for affordable housing, what are the "reinvestments" in the area, how would this change the existing vision for the area, specifically how would existing residents benefit from this proposal etc? Land Use Concept #4: • Adding 1,443 dwelling units in areas that don't previously allow housing needs to be discussed with the community. What are the existing land uses in and around these parcels (e.g., industrial uses), what are the specific requirements for affordable housing, what are the "reinvestments" in the area, specifically how would existing 99 675 of 731 residents benefit from this proposal, how would this change the existing vision for the area, what would be the rules to "build an edge"? Land Use Concept #5: • If this area is only allowing an additional 27 units, how is it going to encourage pedestrian flow from residential neighborhoods to key corners of the avenue where retail activation may be focused? It's not clear what the design parameters might be; are there any proposed? In closing, EHC has reviewed the 1/26/2021 staff report but has not had sufficient time to discuss it with local community residents that would be most affected by it. In addition, none of EHC's previous comments have been properly addressed. We urge the City Council to engage in collaborative public participation strategies and address the concerns EHC and community members have raised for the past year. Thank you for your time and consideration. Please contact Danny Serrano/Campaign Director at dannys@environmentalhealth.org for any additional information. Sincerely, Diane Takvorian Danny f Serrano Executive Director Campaign Director Enclosed: EHC's 7/26/2020 Letter to City Staff 100 676 of 731 tt ENVIRONMENTAL HEALTH COALITION July 26, 2020 Brad Raulston City Manager City of National City 1243 National City Blvd. National City, CA 91950 10 EARS 2727 HOOVER AVE., SUITE 202 NATIONAL CITY, CA. 91950 (619)474-0220 ENVIRONMENTALHEALTH.ORG Via: braulston@nationalcityca.gov RE: 24T1' Street TODO Project — EHC's Initial Comments and Concerns Dear Mr. Raulston: We would like to meet with you discuss the City's 2411' Street TODO project (Project) in the near future. Below are some of the main comments we raised with during our interview with City staff and the consulting team on June 15, 2020 that we'd like to discuss with you. Please note that Andrew Prescott from the Chen Ryan and Associates project team provided responses on 6/22/2020 via email to some of our responses; we have responded to that feedback in our comments below as well. • Extend the project timeline and create a transparent public outreach effort: o The community was not aware of the project: Per the City's website, "Community Outreach" began in October 2019; however, EHC only found out about the Project during the City's first webinar (Webinar #1) and survey #1 on the day of the meeting (5/27/2020) through a local stakeholder. It's our understanding that the City did not actively reach out to EHC to invite us to participate even though we have been working with the Old Town community for decades on land use andmobility related projects. The release of the webinar and survey caught many community members by surprise as well and is indicative of the limited outreach effort done to date. o EJ outreach strategies were not utilized: National City's Westside is a disadvantaged community and residents are often harder to access and need ample time to learn about public events in order to be able to plan for and participate effectively. EMPOWERING PEOPLE. ORGANIZING COMMUNITIES. ACHIEVING JUSTICE. EMPODERANDO ALA GENTE. ORGANIZANDO LAS COMUNIDADES. LOGRANDO LA JUSTICIA. 101 677 of 731 o Outreach in the time of COVID-19 must be intentional: It is our understanding that the project is scoped for three workshops and six pop-up events per the SANDAG/City contract; however, City staff mentioned that because of COVID - 19 that they are revising their outreach efforts as they go along. They said that they won't release a public outreach plan but are willing to try to put target dates for future events online and then confirmed dates as they go along per our request. We understand that COVID-19 has created some challenges to outreach and could require additional changes in the future; however, government and private agencies have had ample time to adapt and should be able to schedule and implement community participation events. Detailed public outreach goals and plans should be shared with the public accompanied by an invitation for public comment. We are reiterating our request that a detailed scope of work, project description, timeline and schedule be uploaded to the project website (in English/Spanish) ASAP so that the public can be informed about and be partners in developing the outreach plan. After receiving public input on the outreach plan, the City should post a final version online along with an email eblast, mailer and other communication strategies at least two weeks prior to the next public participation opportunity. o No shortcuts for public outreach: We understand the urgency to complete the Project to meet SANDAG's timelines, but this should not be at the expense of having a broad and transparent public outreach effort. Our National City environmental justice community deserves better. We understand that staff is in the process of requesting an extension from SANDAG to push the project deadline into 2021; we hope that staff takes advantage of additional time to create greater transparency and trust with the community. EHC would be happy to support that request. o Community concerns must be addressed: Shortly after Webinar #1 held on 5/27/2020, City staff presented the results of the event along with the surveys received at the City Council on 6/2/2020. Staff mentioned, during their response to Council comments, that although a lot of great feedback was provided, no major issues were received. EHC believes that, had the City coordinated Webinar #1 and the survey with an effective outreach effort, additional stakeholders (e.g., residents of the Westside Specific Plan area, EHC staff, etc) would have been able to participate and provide several concerns (e.g., existing conditions report, public outreach strategy, greater transparency, and need to study environmental justice issues). Therefore, staff's report of a lack of significant issues presented on 6/2/2020 was not accurate and is rather indicative of a deficient outreach effort to 102 678 of 731 date. We feel that this issue should be communicated to the public and City Council and that the fix should be an effective outreach effort as discussed above. o Conduct effective outreach BEFORE Webinar #2: It's our understanding, that Webinar #2 has been pushed back to July 28 (vs. the end of June) to allow for additional interviews and to better advertise the event. As mentioned above, our request is that the City post a detailed project description, timeline and outreach plan on the project website to gain public input prior to subsequent workshops andsurveys. Given the status of the project deliverables thus far, we believe that it is much too soon to have a subsequent Webinar or survey. Andrew Prescott indicated that staff is scheduling interviews with MTS, Olivewood Gardens, UCSD, Kimball Elementary, and Paradise Creek Educational Center. And, we understand that staff has met with other stakeholders as well. Please include a summary of each of the interviews (and any comment letters received from stakeholders) to the project website as well prior to subsequent workshops/surveys etc. • Revise and recirculate the draft Existing Conditions Report to address land use and environmental justice issues and public input prior to subsequent workshops. o The Draft Existing Conditions Report is inadequate and must address EJ issues. On 6/15/2020, the Project team and City staff mentioned that they are working on edits to the Existing Conditions report and that it is likely to be completed by the end of June 2020. Due to the deficient public outreach effort and draft Existing Conditions Report, EHC feels that a quick turnaround time on the Report is not feasible. The Draft Existing Conditions Report (May 2020) should be revised to: • Address community input; • Include land use information (existing allowable densities/intensities) from which to understand the future delta/change in any proposed overlay; • Address Environmental Justice baseline information such as: Health and EJ Element policies, description of the EJ community's demographic information, CalEnviroscreen 3.0 (CES 3.0), AB 617 Community Air Protection Program information, and air quality baseline information. • Describe and show how the project area is already significantly burdened with some of the highest levels of pollution and land use incompatibilities so that any plans should help to improve this situation, not worsen it for its residents. • Describe and show trends related to gentrification/dislocation since the Westside is primarily renter occupied and includes low AMIs. 103 679 of 731 Andrew Prescott's 6/23/2020 email mentions that the Existing Conditions report will be revised to address the CalEnviroScreen map and summary and include a discussion of the City's Environmental Justice Element. Andrew's email did not address the other comments EHC raised on this Report thus far and restated above. EHC hopes that the environmental justice analysis in the Existing Conditions Report is thorough and addresses the issues raised in this letter vs the addition of "a paragraph here and there" per the project team on 6/15/2020. EHC is happy to meet with City staff and collaborate on this effort. Preparing baseline data is an extremely critical part of any planning effort because it is the basis from which to inform policy. When it is not done adequately, it can lead to policies that don't reflect the needs of the local community and then often leads to project challenges, delays etc. • Release the TOD Feasibility Study prior to Webinar #2 to give the community time to review it only after EHC's comments above have been addressed. o Release TOD Feasibility Study several weeks prior to presenting it at future events and only after comments raised in this letter have been addressed. The project team indicated that the amortization program is a great albeit very slow tool and are looking at ways to promote the adaptive reuse and/or revitalization of industrial uses through land use incentives (e.g., the overlay). However, the project team mentioned that the proposed densities will not likely be that much different/higher and that they are aware of trying to avoid gentrification. It's our understanding that the TOD Feasibility Study would show the main areas to be included in the overlay zone and the market feasibility of accomplishing increased densities/intensities. However, EHC does not believe, for reasons stated above, that the City is ready to discuss the TOD Feasibility Study and/or its recommendations with the public because of the lack of public outreach and deficiencies with the existing conditions reports. Please address those issues first prior to releasing the TOD Feasibility Study and discussing it at future workshops. Once these issues have been addressed, then EHC would like to collaborate with the City on the Feasibility Study prior to its release to the public. 104 680 of 731 Thank you for your time and consideration. Please contact Diane Takvorian/Executive Director at Diane@environmentalhealth.org or Danny Serrano/Campaign Director at dannys@environmentalhealth.org for any additional information. Sincerely, Diane Takvorian Executive Director Campaign Director 105 681 of 731 RESOLUTION NO. 2021-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF THE CITY OF NATIONAL CITY THE 24TH STREET TRANSIT -ORIENTED DEVELOPMENT OVERLAY (TODO) PLAN. APPLICANT: CITY -INITIATED. CASE FILE NO. 2021-07 WHEREAS, the TODO Plan analyzes land uses and provides an expanded vision for the area with land use and mobility recommendations, including enhanced streetscape, new opportunities for public spaces, transit -supportive land uses, and improved mobility and parking options; and, WHEREAS, this approach will develop key project goals, including the development of housing and parking policies that support increased housing choices, identify projects that improve connectivity through the area and across Interstate-5, create Smart Growth and Complete Streets opportunities, continue development of conceptual plans for the D Avenue Complete Street Project, and explore opportunities for a multi -use path along the Metropolitan Transit System right-of-way and/or Hoover Avenue; and, WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 2018-70 authorizing the filing of an application for Smart Growth Incentive Program (SGIP) grant funds through Transnet for multiple City projects, including the TODO Plan; and, NOW, THEREFORE, BE IT RESOLVED that the Planning Commission hereby recommends that the City Council adopt National City's TODO Plan, funded by a $500,000 Transnet SGIP grant with matching funds in the amount of $60,000 provided by the City; and, BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. ATTACHMENT 5 106 682 of 731 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 17, 2021, by the following vote: AYES: Dela Paz, Sanchez, Yamane, Sendt, Roman, Natividad, Valenzuela NAYS: None. ABSENT: None. ABSTAIN: None. 107 683of731 RESOLUTION NO. 2021 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE 24TH STREET TRANSIT -ORIENTED DEVELOPMENT OVERLAY (TODO) PLAN WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 2018-70 authorizing the filing of an application for Smart Growth Incentive Program ("SGIP") grant funds through Transnet for multiple City projects, including the TODO Plan; and WHEREAS, the City Council of the City of National City considered the TODO Plan at a duly advertised Public Hearing held on June 1, 2021, at which time oral and documentary evidence was presented; and WHEREAS, at said Public Hearing the City Council considered the staff report contained in Case File No. 2021-07 maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, on May 17, 2021, the Planning Commission considered a staff report on the TODO Plan and made a recommendation to the City Council that the TODO Plan be adopted; and WHEREAS, the TODO Plan analyzes land uses and provides an expanded vision for the area with land use and mobility recommendations, including enhanced streetscape, new opportunities for public spaces, transit -supportive land uses, and improved mobility and parking options; and WHEREAS, this approach will develop key project goals, including the development of housing and parking policies that support increased housing choices, identify projects that improve connectivity through the area and across Interstate-5, create Smart Growth and Complete Streets opportunities, continue development of conceptual plans for the D Avenue Complete Street Project, and explore opportunities for a multi -use path along the Metropolitan Transit System right-of-way and/or Hoover Avenue; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and 684 of 731 Resolution No. 2021 — Page Two WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The City Council hereby adopts National City's TODO Plan, funded by a $500,000 Transnet SGIP grant with matching funds in the amount of $60,000 provided by the City. Section 2: This Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. Section 3: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo-Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr., City Attorney 685 of 731 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2022. (Finance) Please scroll down to view the backup material. 686 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2022. PREPARED BY: Paul Valadez, Budget Manager PHONE: 619-336-4332 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: 44, STAFF RECOMMENDATION: Adopt the City of National City Fiscal Year 2022 Proposed Budget, as presented. BOARD / COMMISSION RECOMMENDATION: Finance MIS ATTACHMENTS: 1. Staff Report 2. Resolution The City of National City Fiscal Year 2022 Proposed Budget, is available for review at www.nationalcityca.gov; City Hall at the City Clerk's office, National City Library, and Police Department. 687 of 731 CALIFORNIA NATIONAL CIS I INCORPORATED City Council Staff Report June 1, 2021 ITEM Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2021-2022. BACKGROUND After a series of internal staff meetings and two City Council workshops, staff presents for adoption the Fiscal Year 2021-2022 Proposed Budget for the City of National City. Preparation of the City's budget is a multi -step process, occurring over several months. Development of the fiscal year 2021-2022 capital budget began in November 2020 with meetings of the City's CIP (Capital Improvements Program) Committee, to discuss prioritization of capital projects and vehicle fleet needs. Development of the City's operating budget began in December 2020 with direction to City departments to review their current fiscal year budgets and expenditures and to submit appropriation requests by February 2021. Finance staff met with representatives from each department along with the City Manager and Assistant City Manager in March to finalize the preliminary budget. FISCAL YEAR BUDGET A workshop to present the preliminary budget was held on April 20, 2021 that focused on the City's fiscal and budgetary health, proposed revisions to the reserves policy, and the continuing recovery from the COVID-19 pandemic. The City Manager discussed the strategic plan, including efforts to increase ongoing revenue, as well as maintain current expenditure levels. An overview of the Federal American Rescue Plan Act (ARPA) and the eligible uses of funding was also presented. After a review of the City's historical revenue and expenditure trends, projected revenues and expenditures, and projected use of unassigned fund balance, a summary of the Preliminary Budget was presented. Council directed staff to include $100,000 in funding for a paid internship program, and $50,000 for an Economic Development program with the Chamber of Commerce. On May 18, 2021, a revised preliminary budget was presented to Council incorporating the aforementioned changes, as well as adjustments, corrections, and other refinements deemed necessary (see table below for changes). Staff now presents the City of National City's Fiscal Year 2021-2022 Proposed Budget for adoption. The proposed budget estimates General Fund revenues and transfers -in totaling $56.8 million and recommends General Fund expenditures and transfers out totaling $60.6 million. The proposed budget estimates overall revenues and transfers in totaling $113.9 million and recommends overall expenditures and transfers out totaling $123.1 million. 1 688 of 731 Page 2 Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2021- 2022. June 1, 2021 Budget Adjustments & Refinements since Preliminary Budget General Fund Expenditures & Transfers Out — Increase/(Decrease) Personnel Services $ (276,099) Maintenance & Operations 50,000 Transfers Out 315,531 Total Changes: Expenditures & Transfers -Out — Increase/(Decrease) $ 89,432 Revenues & Transfers In — Increase/(Decrease) Sales & Use Tax $ (529,540) District Transaction & Use Tax (216,000) Other Revenues (7,489) Total Changes: Revenues & Transfers -In — Increase/(Decrease) (753,029) Net Increase/(Decrease) in Use of GF Fund Balance $ 663,597 FINANCIAL STATEMENT The estimated change in the fund balance of the General Fund expected as the result of the projected revenues, expenditures, and transfers reflected in the proposed budget for fiscal year 2021-2022 is a decrease of $3.8 million. This use of fund balance falls entirely within the unassigned category to support operational costs and maintenance of effort requirements for the receipt of gas tax and TransNet revenues. The need to use fund balance as a funding source results primarily from ongoing revenues not keeping pace with growth in personnel costs, the most significant portion of the City's budget. General Fund unassigned fund balance is projected to end the fiscal year 2020-2021 at approximately $14.6 million. The use of fund balance estimated for fiscal year 2021-2022 will reduce unassigned fund balance to approximately $10.9 million. RECOMMENDATIONS Adopt the City of National City Fiscal Year 2021-2022 Proposed Budget, as presented. ATTACHMENTS Resolution 689 of 731 RESOLUTION NO. 2021 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING A BUDGET FOR THE FISCAL YEAR 2022 WHEREAS, on April 20, 2021, in accordance with National City Municipal Code §2.55.030, the City Manager submitted a preliminary budget for the 2022 fiscal year to the City Council and said budget was discussed and deliberated in public session; and WHEREAS, on June 1, 2021, the City Council received the proposed budget for the 2022 Fiscal Year, the "Fiscal Year 2022 Proposed Budget," that incorporated adjustments to said preliminary budget as directed by the City Council or advised by the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: The budget for the Fiscal Year beginning July 1, 2021, with City expenditures totaling $120,531,224.00, is hereby approved, adopted, and appropriated; and Section 2: The amounts by fund outlined in the "Expenditure Total" column of "Exhibit 1" attached hereto and incorporated herein by this reference shall be the maximum expenditures authorized for those funds for the Fiscal Year 2022; and Section 3: The City Manager is hereby authorized to make budgetary revisions between budget units within a fund after the adoption of this budget; and Section 4: The City Manager is hereby authorized to transfer monies between funds up to the maximum outlined in the "Transfers" column in "Exhibit 1" attached hereto and incorporated herein by this reference; and Section 5: The estimated financing sources by fund available to meet the authorized expenditures and transfers are approved and adopted as detailed in the Fiscal Year 2022 Proposed Budget and incorporated herein by this reference; and Section 6: The City Manager is authorized to adjust amounts of said financing sources subsequent to budget adoption if any appropriation balances carried forward from prior fiscal years had an associated revenue source at the time the appropriation was established; and Section 7: The City Council of the City of National City hereby authorizes and approves the number and classification of employees in the respective functions, departments, and activities outlined in the Fiscal Year 2022 Proposed Budget and incorporated herein by this reference. 690 of 731 Resolution No. 2021 — Page Two Section 8: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions. PASSED and ADOPTED this 1st day of June, 2021. Alejandra Sotelo Solis, Mayor ATTEST: Luz Molina, City Clerk APPROVED AS TO FORM: Charles E. Bell Jr, City Attorney 691 of 731 CITY OF NATIONAL CITY EXPENDITURE SUMMARY BY CATEGORY- ALL FUNDS FISCAL YEAR 2022 Fund Fund Name Personnel Services Maintenance & Operations' 626,780 43,176 20,125 960 52,265 97,150 538,810 1,464,550 137,715 983,147 67,900 73,660 70,004 974,573 68,750 1,643,698 Capital Outlay Capital Improvements Alloc Costs & Internal Chrgs2 Expenditure Total 001 General Fund Department 413 Building 401 City Council 402 City Clerk 410 City Treasurer 403 City Manager 405 City Attorney 441 Community Services 416 Engineering & Public Works 404 Finance 412 Fire 419 Housing 407 Human Resources 420 Neighborhood Services 409 Non -Departmental 443 Planning 411 Police $ 428,831 445,233 259,613 29,609 1,092,816 789,049 756,615 1,063,343 1,622,723 9,046,748 59,854 455,096 837,324 - 505,812 23,652,803 - - - - - - - 31,930 - - - - - - 143.500 - - - - - - - - - - - - - 2,750,000 - - 88,951.33 107,524 44,175 16,767 107,669 83,234 631,713 1,236,229 222,946 1,076,842 103,421 145,637 175,711 125,000 59,844 3,500,479 $ 1,144,562 595,933 323,913 47,336 1,252,750 969,433 1,927,138 3,764,122 2,015,314 11,106,737 231,175 674,393 1,083,039 3,849,573 634,406 28,940,480 001 General Fund Total $ 41,045,469 $ 6,863,263 $ 175,430 $ 2,750,000 $ 7,726,143 $ 58,560,305 104 Library Fund 910,512 122,400 - - 723,594 1,756,506 105 Parks Maintenance Fund 1,235,941 218,600 - - 209,868 1,664,409 108 Library Capital Outlay Fund - 47,400 4,000 - - 51,400 109 Gas Taxes Fund 844,083 500,629 - 1,218,000 217,560 2,780,272 125 Sewer Service Fund 1,102,810 6,872,633 - 2,000,000 382,359 10,357,802 130 EMT-D Revolving Fund 317,823 16,964 - - - 334,787 166 Nutrition Fund 617,377 405,600 - - 21,546 1,044,523 172 Trash Rate Stabilization Fund 184,853 22,365 - - 642 207,860 195 Mile of Cars Landscape Maint. Dist. Fund - 164,165 - - - 164,165 212 Post -Employment Benefits Fund 300,000 - - - - 300,000 259 Library Bonds Debt Service Fund - 385,375 - - - 385,375 277 National City Public Library Donations Fund - 30,968 - - - 30,968 282 Reimbursable Grants Citywide 590,185 - - - - 590,185 301 Community Development Block Grant Fund 343,273 633,551 - 515.000 - 1,491,824 307 Proposition "A" Fund - - - 1,541.000 - 1,541,000 320 Library Grants Fund 5,100 - - - - 5,100 325 Development Impact Fees 100.000 - 100,000 420 Parking Authority 241,657 80,300 - - - 321,957 501 Housing Authority 301,786 12,582,000 - - - 12,883,786 502 Housing Choice Voucher Fund 963,639 12,962,900 25,000 150,000 112,736 14,214,275 505 HOME Fund 43,079 28,850 - - - 71,929 532 Low & Moderate Income Housing Asset Fund 107,857 76,000 - - 2,304 186,161 626 Facilities Maintenance Fund 1,019,906 2,011,398 - - 122,498 3,153,802 627 Liability Insurance Fund 73,296 3,630,550 - - - 3,703,846 629 Information Systems Maintenance Fund * 571,967 1,698,520 151,205 - 4,287 2,425,979 643 Motor Vehicle Service Fund * 552,249 629,550 - - 3,210 1,185,009 644 Vehicle Replacement Fund * - 20,000 998,000 - - 1,018,000 Other Funds Total $ 10,327,393 $ 43,140,718 $ 1,178,205 $ 5,524,000 $ 1,800,603 $ 61,970,919 Total, All Funds $ 51,372,862 $ 50,003,981 $ 1,353,635 $ 8,274,000 $ 9,526,746 $ 120,531,224 692 of 731 The following page(s) contain the backup material for Agenda Item: National City Chamber of Commerce COVID-19 Economic Recovery Proposal. (Chad Matkowski, President and CEO, National City Chamber of Commerce) Please scroll down to view the backup material. 693 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: National City Chamber of Commerce COVID-19 Economic Recovery Proposal. PREPARED BY: Megan Gamwell, Economic Development Specialist PHONE:619-336-4216 EXPLANATION: DEPARTMENT: APPROVED BY City Ma ffifs,Gffice The National City Chamber of Commerce is requesting $50,000 from the City of National City to fund a COVID-19 Economic Recovery Plan. The plan will include a new website dedicated to promoting hotels, events, calendar notifications, restaurants and other tourism -based businesses; Workforce Development; Improved SECS for the new website and National City; and Implement a marketing plan to promote businesses. FINANCIAL L STATEMENT: ACCOUNT N. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: BOARD /COMMISSION RECOMMENDATION: N/A APPROVED: APPROVED: Finance MIS ATTACHMENTS: 1. Chamber of Commerce Proposal 2. Chamber of Commerce Presentation 694 of 731 Attachment 1 PROPOSAL FOR COVID-19 ECONOMIC RECOVERY Leveraging discovernationalcity.com, Tourism Improvement District (T1D), and Workforce Development to help stimulate economic recovery. Prepared by Chad Matkowski President and CEO National City Chamber of Commerce chad@nationalcitychamber.org June 2021 1 of 8 695 of 731 Attachment 1 EXECUTIVE SUMMARY The economy is reopening, and that gives us a unique opportunity from previous years. Over the past year, most businesses have been closed down and people have stayed at home. People who were not affected financially by COVID-19 are ready to start reentering society and "get back to normal" — well, at least somewhat normal. For businesses, many in our area do not have the advertising dollars to promote themselves and consumers need an avenue for information. Our solution is to present new initiatives, programs, and resources for our business community. This will include the development of a new website, workforce development, the start of a marketing and tourism committee, COVID information for consumers, and the goal of launching a TID (Tourism Improvement District). Discover National City will be an ongoing campaign that promotes National City businesses. The business represented on the site will include but are not limited to hotels, restaurants, retail, tourism, recreation, and non -political city events. This campaign will focus on advertising businesses in a way that not only attracts tourism, but also encourages locals to shop in National City. National City business will be listed by category on DiscoverNationalCity.com and will have social media and advertising campaigns to build awareness, letting locals and tourists know why they should come and discover what National City has to offer. This will also help to improve results when searching on google under the "National City" criteria. Workforce development will include National City only job postings, job fairs, and the I'm Ready Program. The Chamber website will host job postings for all National City Businesses with a National City Business License. The job fair will be hosted semi-annually in April and October. All job seekers will attend for free and the Job Fair will provide all employment resources in our community for free. And lastly the Chamber will continue to provide the I'm Ready program for young adults to help them prepare for the workforce. Chamber will start and run a Marketing and Tourism committee that will focus on developing strategies leveraging discovernationalcity.com and other city and local initiatives to boost National Cities presence in the marketing and drive more business to our region. A final goal is with all these new resources a new TID will be launched to help continue the campaign to improve National City. 2 of 8 696 of 731 Attachment 1 PROJECT DELIVERABLES Deliverable 1: Launch Discover National City website to include: hotels, events, calendar, restaurants, retail, non -political city events, and other tourism -based businesses. Deliverable 2: Add a Job Posting Section to the Chamber of Commerce website. Deliverable 3: Hold Job Fairs in the months of October 2021 and April 2022 Deliverable 4: Improve SEO for discovernationalcity.com to make the site more visible and improving populated information on National City related Google search results. Deliverable 5: Creation of a Tourism and Marketing Committee, with the focus on creating effective marketing strategies for National City for Tourism and Economic development. With goal of creating and starting a TID (Tourism Improvement District). METRICS FOR SUCCESS DiscoverNationalCity.Com • Launch in July 2021 • Have a 15% market penetration rate in National City during the first year. • Achieve 36,000 hits in the first quarter of launch, with an annual end of year goal of 200,000 hits on the website. • Have a goal of 15,000 active users of the site at the end of the year. • Have a least 4 community events per month generate for the first quarter, with adding on more events as time progresses. These can include but are not limited to City non- political recreational events, Chamber Event, Plaza Bonita, The Port, etc.... • Have 1,500 individuals signed up as an ambassador for site prior to official launch. • Improve the population of relevant information when searching under the "National City" criteria when using a search engine such as Google. Workforce Development: • Launch new section of the site in July 2021. • Have at least 600 participants attend the job fair annually, primarily focusing on South Bay and National City residents. • Host at least 5 to 10 resources for job seekers at each job fair to promote Union, Trade, and other Job/Career development opportunities for free. • Have at least 50% of the businesses attending job fair be in National City. • Have 500 job posting / career opportunities in the first year of the Chambers job positing site with 85% of those positions be filled by residents of National City. • Host an "I'm Ready Program" class during the school year of 2021/2022. • Increase Operational Capacity during Re -opening to 12.5% above the project trends, the metrics we are using to track this is employment within the region. 3 of 8 697 of 731 Attachment 1 • Connect with National Cities current website as a resource for employment within the City. Marketing/Tourism Committee & TID • Launch a marketing and tourism committee starting in late June 2021 • Will advise Chamber on strategies to best promote National City's Tourism and Recreation industries. • Will have 10 founding members, to include at least 1 city representative and 1 chamber representative. With remaining members from the industries represented in the Discover National City initiative. • Will create a strategy to launch a TID. Cumulative Impact: • All the above initiatives goal is to have a cumulative impact of increase the operational capacity above the current project trend by 12.5%. The metric that will be used for this is number of jobs created and filled within these sectors. • Increase Hotel stays by making hotel information in National City more accessible and National populate high under select search criteria on engines. • Increase awareness of restaurants in National. • Development National City as a "Foodie" enthusiast city. • Promote and increase attendance at City Events. • Decrease Unemployment. • Promote Live and Work Local. • Promote Local Shopping. • Attract more tourism to National City. • Create a new channel for communication between the City and people. • Allow residents more access to events and promotions within their city. • Promote COVID information for the public to view about the city. • Promote positive relation between the City and Chamber to the local business to support those most impacted by COVID. Proposal Details Deliverable 1 & 4: Website The focus of the site will be primarily to communicate with residents, consumers, and tourist in National City. Giving them easier access to events, discounts, and information. The site will be designed in a way that it will improve information represented on google when people search under the National City criteria. The Chamber will also take photos and tag National City on them to help increase and populate positive imagery on National City. The website will be scheduled to launch sometime in July. From now until the Chamber will gather information on the city's current businesses and formulate a director for the site. All 4 of 8 698 of 731 Attachment 1 business that falls within National City will get the basic package for free during the first year of the website while under City sponsorship. The year will start when the site is officially launched and open to the public. There will be additional opportunities for members to pay for additional advertising on the site. This will help to cover further administration costs for running the website and will aid in providing funds to further advertise the site. The Cities Logo will be on the Landing Page of the main site along with the Chambers Logo. The Chamber will also work in tangent with the city with Quarterly meetings. The City will also be able to promote any non -political event that falls under the recreation criteria. The City can also sponsor other organizations to be promoted on the site that fall under the recreation and tourism criteria. The City will also have access to all data and analytics that are gained from the website. Basic Package: The basic package will be available to all business for free during the first year that fall under the following criteria and are in National City: Hotels, Restaurants, Retail, Tourism, and Recreation. Any business that applies to be outside or on the fringes of these categories The Chamber will decide if they will be listed on the site, or if the business lies outside of National City but serves it citizens. This will primarily be decided on its location of its business permit and who and how they serve residents of National City and tourists. Hotel bookings will be a major component of the site to attract tourism. The basic package will include listing in our directory on the website. Business will need to provide information outside the information the chamber and cities databases. Such as "tagging" their company. For example, companies will be able to select what type of food they serve such as: family, Italian, Mexican, Filipino. The site will then have their basic information and links that can pull up directions to that location. The Chamber will send out information to all business on what "tags" they would like associated with the restaurants or organization. Member Packages/Paid Advertising: There are costs with managing and maintaining the site. To provide additional funds for managing and advertising the city, an advertising structure will be created within the site. The costs for this site will be dependent upon the success of the site and will created to be like what other sites of this size charge. The funds that are leveraged through this will be spent on managing the site and further advertising for the site. It will also be a requirement that paid advertising will need to include a discount to users of the site. This will help encourage people to use the website and will allow us to track the effectiveness of the website. App Development: It is a goal to create an accompanying app for the site. It is the first goal to have the site up and running. Once the metrics have been reached that have been achieved site above, it will be fiscally viable to create an app. This will be reviewed with the city there are substantially higher costs in managing an app along with the website. The Chamber does fell this is very viable. If the metrics are reached by July 2021, an app will take about 2 to 3 months develop. 5 of 8 699 of 731 Attachment 1 The App will have the same information for the site, but it will also include the ability to push notification to users. Users will be able to use the app for coupons, link to map and direction apps, save user preferences, and an interactive calendar. Additional Initiatives for Site: In partnership The Chamber and City will work together on helping to promote economic programs that are applicable to the site brand functions as a recreational and tourism site. A great example would have been the MTS Eat -Shop -Play initiative. The site would provide a direct avenue to residents, tourist, and consumers about programs within the city. COVID Resources and Information: The site will also contain a section for the city to communicate COVID related information for residents, tourist, and consumers. The information should apply directly for the industries served on the website. The City will have control of the information on this page, and it can connect directly to the cities website if needed. If the city wishes for the Chamber to manage this information, The Chamber can do that with the guidance from the city. Resident / Consumer Engagement: One of the goals of the site is to allow for residents to vote on items as such favorite restaurant, dishes, deals, events, etc.... these awards will be given to the restaurants or organizations to put on display and will be promoted on the site. National City is very proud of its cultural heritage and this would be an avenue to have them get involved on promoting it. The first awardee will be selected during the Taste of National City which is tentatively scheduled for August 28th. The winner for this will be selected at the event and promoted on the website. Summary: The overall goal for the site to help drive business to our city, improve information on Google about our City. The site will focus on industries that we most effected by the COVID-19 closures. By collaborating between the city, Chamber, and local businesses we will create a platform that will help them relaunch and be able to help brand our city as a place to do business and visit. Deliverable 2&3: Workforce Development: During the peak of the pandemic National City was hit hard with unemployment. It is the goal of these initiatives to have National City residents find work and find it locally. This will also have the effect of benefit the Cities Green initiatives by reducing carbon emissions from commutes. Career Pathway's to Success Job Fair: The City will be listed as a partner for the event with their logo displayed. The future events are tentative scheduled to be a hybrid format with an in person and virtual component. The city will be able to promote any position or resource it would like to job seekers and business. The City will also be able to pull metrics and data from the job fair to use as it see's fit. The job fair will also be a forum for local Trade and Union groups to promote and hire for their programs. All of these would be provided for free. 6 of 8 700 of 731 Attachment 1 Chamber Website Job Postings: To help the city recover from COVID-19 the Chamber will create a job positing website for National City Residents. This site will be linked to the Cities website as a resource for the community. The site will be promoted through social media channels and partner media relations. The site will also have a section with trade and union programs. I'm Ready Program: The program is designed to help young adults learn methods to acquire a new position or career. This is done through teaching about networking, resume development, and creation of a Linkedln account. The program also includes components of job shadowing and hands on learning. The City would become a partner in this program, it would also be highly encouraged for the City to provide some job shadowing opportunities during the program. Deliverable 5: Marketing and TID Marketing and Tourism Committee: This committee would be formed and started by the end of June. The committee would aid with the launch of the new website, come up with strategies for marketing to promote the site and the Discover National City initiatives. This would help the Chamber remain connected to the City's needs. The committee will be comprised of local businesses, City representation, and the Chamber. These meetings will be scheduled monthly to review the success of the site and create strategies as needed to improve the performance of the site and the impact on the community. The committee will also help implement City sponsored or other initiatives that will impact or support this industry. The committee will help advise which initiatives to support that will be the most beneficial to National City's interests in Tourism. TID: The marketing and tourism committee will aid the Chamber in the recruitment, strategy, and creation of a TID. Civitas will also aide with the creation of the TID, helping to implement and create a TID for National City. The TID will greatly benefit the city. MARKETING STRATEGY The Chamber will be taking a multi -channel approach to marketing. There will be a web, radio, and social media campaign. Analytics from the different channels forecast that we will be able to have a reach of 740,000 with initial plans. The site through advertising revenue will be able to raise additional funds. These additional funds are not included in the forecast. After site is launched the Marketing and Tourism Committee will guide future decisions on how to advertise for the site. By attracting more hits to the site this will help populate more information on search engines. When the TID is launched additional resource will be directed to consolidate efforts to promote the businesses within National City. This will be done under the guidance of the TID. The major partners for the advertising will be with Univision and Sage Tree (who is the current developer of the website). The site will have a Spanish component to it and the primary 7 of 8 701 of 731 Attachment 1 method of reaching the Spanish speaking population will be done in partnership with Univision. This will be a 3-month campaign on the website, shopping local, and tourism in National City. The overall branding of the website will focus on "Heritage and Culture". National City is the oldest city in San Diego. We want to highlight the diversity within our city and promote the culture that we do have here. Final Notes Through this $50,000 funding, the Chamber and the City and local businesses can greatly proposer and help in the road to recovery from COVID. The launch of these programs will work in tangent with the City's current work in green initiatives, workforce development, job creation, and general positive impact to our local economy. The Chamber will continue beyond this to promote programs and services to benefit our local economy. Our focus is the success of businesses within National City. Their success is our success. And through the partnership of the City and The National City Chamber of Commerce working synergistically our efforts can be magnified to better impact the lives of our residents and businesses. 8 of 8 702 of 731 C yet PROPOSAL FOR COVID-19 ECONOMIC RECOVERY Prepared by Chad Matkowski President and CEO National City Chamber of Commerce 703 of 731 Stimulating economic recovery through... NCCC Employment Website Discover National City Website and App Reopening Resources Semi Annual Job Fairs Tourism Improvement District (TID) 704 of 731 NCCC EMPLOYMENT SITE GOALS • Increase Employment in National City. • Promote NC Green Initiatives by living and working local. • Connect with current National City web developments and be a resource for residents on site. • Currently there are 899 positions posted for jobs in National City on May 19, 2021. • With 292 job being listed qualify as "Teen" jobs. • Estimate 20,373 jobs are forecasted to be posted in remainder of 2021 and Q1 & 2 2022 in National City. NCCC EMPLOYMENT SITE • 80% of hires are within a 5-mile radius when applying through a local only site or source. • 57% of hires are considered local when applying through a national website. • That would be up to a difference of 4,000 vehicles reducing emissions in the next year. • Increasing the number of residents living and working in national city by potentially 4,685. • Site will promote Union and Trade positions and apprenticeships. CAREER PATHWAYS TO SUCCESS JOB FAIRS DIE CUMBER GOAL _iim • April & October • Job seekers - job opportunities • South Bay & National City Residents • Information from employers to job seekers • 27% success rate for hires at virtual job fair. • Provides resources to both job seekers and employers • Forum for Union and Trade position to promote jobs and apprenticeships. COVID REOPENING RESOURCES GOALS • • • • • • eo _. enin resources for small oo , o municate er ite stove a tonal City will be to the public and consumers Lending HR Issues Cleaning RESOURCES Marketing Website THE CLAMBER 708 of 731 4. O O tat I.®na 7711111111MITyr441414' DiscoverNationalCity.com Google owns 90% of the world's searches Newly developed website will improve SEO for Google Changes will help populate more info and accurate info on Google Will Focus on "Culture and Heritage" TELL CI11)IBER 709 of 731 Go gle National City X Hotels near Downtown San Diego x M Q www.nationalcityca.gov National City, CA 1 Home IMPORTANT UPDATES: COVID-19ICoronavirus. The City of National City is here to serve you by appointment only until further notice. Please call (619) ... Government • Mayor & City Council City Clerk National City Housing Authority People also ask Is National City ghetto? Which is our National City? Is National City Safe? What is National City known for? en.wikipedia.org > wiki > National_City,_Califomia - National City, California - Wikipedia National City is a city located in the South Bay region of the San Diego metropolitan area, in southwestem San Diego County, California. The population was ... County: San Diego Incorporated: September 17, 1887 Area code: 619 ZIP code: 91950 History • Geography Demographics • Arts and culture v v v Feedback www.facebook.com > ... > City Hall . City of National City- Government I Verified Facebook Page City of National City- Government, National City, CA. 7250 likes • 275 talking about this • 3196 were here. Welcome to the official City of National... www.sandiego.com > visit -national -city . Visit National City 1 SanDiego.com Visit National City provides the best information about this historically rich San Diego community. A beautiful marina, great shopping and close proximity to ... Review by SanDiego.com Courtyard by Marriott San Diego Downtown 44 (1,223) t� Beach access a Free WI-Fi InterContinental San Diego 4.5 (834; Outdoor pool Moxy San Diego Downtown/Gaslamp Quarter 4 i (364; Free Wi Carte Hotel San Diego Downtown, Curio Collectio... 4.3 (224; Outdoor pool •- - $215 Hot tub _ PARK •LAUREL L'.tfc.yl' BANKERS HILT' a • San Diego Au &A $ a Space Museurn HARDORVIE 112 LITTLE I T A L Y Waterfront Park w7 DOWNTOWN nr. SAN DIEGO USS M®Museur® 9 o,oaewar' COHILL Seaport Village C" Atr T E 9 per:c //��. ®Coronado Feny Center Map Pala 02O21 Goonle View 125 hotels www.tripadvisor.com > ... r San Diego r San Diego Hotels . THE 10 BEST Hotels in Downtown San Diego, CA for 2021 ... The #1 Best Value of 90 places to stay in Downtown San Diego. The Westin San Diego Downtown. Show Prices. #2 Best Value of 90 places to stay in Downtown ... www.expedia.com ... r California , San Diego . Top 10 Hotels in Downtown San Diego, San Diego from $92 ... More San Diego Hotels. The Sofia Hotel. Marriott Marquis San Diego Marina. Westgate Hotel. Hilton San Diego Bayfront. San Diego Marriott Gaslamp Quarter. Courtyard by Marriott San Diego Downtown. Sheraton San Diego Hotel and Marina. Hilton San Diego Airport/Harbor Island. www.hotels.com > ... r San Diego Hotels Top 10 Hotels in Downtown San Diego - San Diego, CA ... Manchester Grand Hyatt San Diego. 4-star. Hard Rock Hotel San Diego. 4-star. Springh'. San Diego Downtown/Bayfront. 3.5-star. Hilton San Diego Bayfront. 4-star. The Sofia He star. Hotel Republic San Diego, Autograph Collection. 4-star. Hilton San Diego Airport/H Island. Courtyard by Marriott San... 710 of 731 Things to do in National City www.tripadvisor.com > Attractions-g32767-Activities-... THE 10 BEST Things to Do in National City - 2021 (with ... The top attractions to visit in National City are: National City Public Library. Pepper Park. National City Chamber of Commerce & Visitor's Center. El Toyon Park. San Diego Electric Railway Association. A COVID-19 alert Potential impact on travel. See travel advice SAN DIEGO COUNTY TRAVEL TRENDS A ) 54% of flights are operating 0 87% of hotels have availability Top sights in National City Kid -friendly Outdoors San Diego Bay 4.8***** (443) Harbor for dining, shopping & recreation Living Coast Discovery Center 4.6 ***** {700) Exhibits on stingrays, turtles & sharks - More things to do El Toyon Park visitnatlonalcity.com > Blog The Top 25 Things to See in National City - National City The Top 25 Things to See in National City - 6 - Pier 32 Marina Pier 32 Manna - 7 - Kimball Park Kimball Park • 8 - Olivewood Gardens Olivewood Gardens & ... x Y Q Hotels in National City Hotels I National City, CA d Sun, May 30 d Mon, May 31 Top -rated $ Budget options Best Western Plus Marina Gateway Hotel 4.4****s(1,508) x Outdoor $152 P Free perking 1 Ramada by Wyndham San Diego National City 3.8 * * * * -s (970) X. Pool P Free parking Holiday inn Express San Diego South -National City,... 4.1 **** * (478) Outdoor pool P Free parking Howard Johnson by Wyndham National City/Sa... 3.7 **Id, 5 (377) • Outdoor pool P Free perking x Y q IP Luxury stays Free cancellation > an D. MOUNTAIN �i VIEWS Its 70UTHCREST • O ms\`. i LINCOLN PARK R L00811 AV! rtionat or- e t 13b, Q tits-3 cr 8 b ? San Diego fa] 9 ' ay Natifeonal1 Chula V `WildliAlp Refuge Map date 012021 View 183 hotels www.booking.com r... n Hotels in Califomia The 10 Best National City Hotels (From $68) - Booking.com Most -booked hotels in National City in the past month • Howard Johnson by Wyndham Natic City/San Diego South - Best Western Plus Marina Gateway Hotel. 711 of 731 GOALS Newly launched website and App Help Brand National City Attract Tourism Promote City of NC Events Promote Eat, Shop, and Play local initiatives 712 of 731 e It DiscoverNationalCity.com noun Mos Functions will include: • City Wide Events Calendar including but not limited to: City of NC, Port, and Plaza Bonita • Restaurant Listings, Promotions, Filter Functions, and Local Awards COVID related information for City • Hotels and Retail • Cannabis Information from business and City information • Tourism and Recreational • Aide in the formation and establishment of a TID (Tourism Improvement District) 713 of 731 MARKETING METRICS Estimated Reach 300,000 200,000 100,000 0 1 SEO Improvements Radio (140 Total Spots Channel 740,000 Total Estimated Reach 714 of 731 3 MONTH RETURN ON INVESTMENT Restaurant, Hotels, Retail and Tourism Industries Total Increase in Jobs a 267 Expected Total 337 Percentage increase over current trends 715 of 731 PROJECT DELIVERABLES Discover National City website and app Reopening Resources on website 4 5 6 HOTEL . .. .. • .. .. Improve SEO for Discover NC & Employment website Re-establish TM with local hotels Implement marketing plan helping to reposition City ofNC 716 of 731 SUMMARY -JAW am It I :r 1 . New opportunities as the economy reopens Collaborative Advertising and Branding Promotion for opening post COVID i 1 1 1 1 Aimmmin . Recovery and Employment New campaign: Discover National City • • 717 of 731 I THANK YOU LI 718 of 731 The following page(s) contain the backup material for Agenda Item: Discussion on City Council Policy No. 110 entitled "Display of Flags". (City Manager) Please scroll down to view the backup material. 719 of 731 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 1, 2021 AGENDA ITEM NO. ITEM TITLE: Discussion on City Council Policy 110 entitled "Display of Flags." PREPARED BY: Tony Winney, Assistant City Manager EXPLANATION: At the May 16, 2021 City Council meeting, a majority of the City Council (4-1) requested a discussion of the City Cou cil Policy 110 entitled "Display of Flags." A copy of the policy is attached as Exhibit A. DEPARTMENT: City anager's Office APPROVED BY: In summary, the Policy outlines which flags may be flown at City facilities and the manner, location, day and time of the display of those designated flags. The Policy was originally adopted in 1987, with amendments in 2016 which added the Las Palmas Pool and Kimball Recreation Center as additional flag locations, among other minor changes. Currently, only the US and State of California flags are regularly flown at the following City facilities, unless otherwise stipulated by the Policy: City Hall, all Fire Stations, Library, Police Department, and Kimball Bowl. The City flag is also regularly flown at Kimball Bowl. Staff has also requested the "Mourning Flag" be added to the authorized list of flags that can be displayed at the Fire Stations on a separate flag pole, under conditions as outlined by Fire Department Policy in Exhibit B. If the City Council chooses to amend the ordinance, staff would return at the June 15 City Council meeting with the policy amendments for the review and consideration. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Discuss and provide direction to staff. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: A. City Council Policy 110 entitled "Display of Flags" B. Explanation and Mourning Flag Proposed Department Protocol C. Mourning Flag Photos I720of731 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: POLICY # 110 DISPLAY OF FLAGS ADOPTED: July 14, 1987 AMENDED: October 18, 2016 Purpose To establish guidelines governing the flying of the following 15 flags: United States of America State of California City of National City Army Navy Marine Corps Air Force United States Coast Guard POW Army Retired Navy Retired Air Force Retired World War II Commemorative Korea War Veterans Vietnam Veterans Policy The City of National City observes the following protocol with respect to the display of the flags. 1) The flags will be displayed from sunrise to sunset unless properly lighted. 2) The flags will be hoisted briskly and lowered ceremoniously. 3) The flags will not be displayed on days when the weather is inclement, except when an all-weather flag is displayed. 4) The City Manager is authorized to display at City buildings the United States flag at half-staff in accordance with the rules set forth below and at such times as the President of the United States, the Governor of the State of California, or a request by the City Manager and concurrence by the Mayor with notification to the City Council during the next available City Council meeting shall prescribe such action. Page 1 of 3 721 of 731 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: DISPLAY OF FLAGS ADOPTED: July 14,1987 POLICY # 110 AMENDED: October 18, 2016 a) Thirty days from the death of a President or former President. b) Ten days from the day of death of a Vice -President, Chief -Justice of the United States or a Speaker of the House of Representatives. c) The day of death and on the following day for a United States Senator or Representative, the Governor of the State of California, and any elected official of the City of National City. d) On the closest working day to the date of internment for an employee of the City of National City. 5) The flags will be flown at half-staff on the following days: a) Peace Officers Memorial Day, May 15th, unless that day is also Armed Forces Day (sunrise to sunset). b) Memorial Day, last Monday in May, sunrise to noon. c) Patriot Day, September 11, sunrise to sunset. d) Pearl Harbor Remembrance Day, December 7, sunrise to sunset. e) National Firefighters Memorial Day, rotating date in October, typical a Sunday (sunrise to sunset). When flying the flags at half-staff, the flags will be hoisted to the peak for an instant and then lowered to the half-staff position. 6) At Kimball Bowl, the United States, State of California, and the City of National City flags will be flown 24 hours, 7 days a week, except in the case of inclement weather. These flags shall be lighted during nighttime hours. 7) All locations will fly the United States and the State of California flags on the holidays listed below. In addition, theKimball Bowl will fly other flags on certain holidays as listedbelow: a) Inauguration Day — January 20th Page2of3 722 of 731 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: DISPLAY OF FLAGS ADOPTED: July 14,1987 POLICY # 110 AMENDED: October 18, 2016 b) President Day — 3rd Monday in February c) Armed Forces Day — 3rd Saturday in May (Ceremonial flags will be flown at Kimball Bowl) d) Memorial Day — the last Monday in May (Ceremonial flags will be flown at Kimball Bowl) e) Flag Day — June 14 (Ceremonial flags will be flown at Kimball Bowl) f) Independence Day — July 4 (Ceremonial flags will be flown at Kimball Bowl) g) Labor Day — 1st Monday in September h) California Admission Day — September 9 i) Patriot Day — September 11 (Ceremonial flags will be flown at Kimball Bowl) j) Veterans Day —November 11 (Ceremonial flags will be flown at Kimball Bowl) k) Pearl Harbor Day — December 7 (Ceremonial flags will be flown at Kimball Bowl) 1) Other days that may be proclaimed by the President of the United States 8) The following departments are responsible for raising and lowering the flags at the listed locations: a) Las Palmas Park — Public Works Department b) Las Palmas Municipal Pool - Public Works Department b) Library — Public Works Department c) Civic Center — Public Works Department d) Police Department — Public Works Department e) Fire Department (Stations # 31 and # 34) — Fire Department f) Kimball Bowl — Public Works Department g) Kimball Recreation Center — Public Works Department Page 3 of 3 723 of 731 Discussion on City Council Policy 110 entitled "Display of Flags" Exhibit B In addition to any policy changes proposed by City Council, staff has requested the "Mourning Flag" be added to the authorized list of flags included in City Council Policy 110. The flag would be displayed at the Fire Stations only, on a separate flag pole, under conditions as outlined below in Fire Department Policy. Fire Department Protocol: Mourning Flag The San Diego County Fire Agencies have adopted a standard Mourning Flag that is to be displayed at Fire Station facilities when appropriate. • Flown from a pole that is affixed in a bracket on the side of the building at a 45-degree angle. • Located in an area visible to the public. The Mourning Flag will be stored in an area known and readily accessible to on duty fire personal The Company Officer is responsible for the proper display of the Mourning Flag and its respectful care when not in use. Replacement of the Mourning Flag due to wear and tear shall be requested by the Company Officer as needed. Mourning Flag Display The Fire Chief or designee will order mourning flags to be flown whenever it is appropriate according to the following guidelines. The Fire Chief will provide guidance on any variations to the guidelines based on specific circumstances. Badge shrouds should be worn per individual Department guidelines whenever the mourning flags are displayed. Mourning Flags will be displayed at all fire stations from the time of notification until sunset on the day of the funeral or memorial service when: • A Firefighter from a Fire Department within California suffers an incident related line of duty death (LODD). • A Firefighter from Fire Department outside of California suffers an incident related line of duty death (LODD) while assigned to an incident within California. • An active duty Firefighter or uniformed non -suppression member of a Fire Department from within San Diego County dies from a non -incident related line of duty death (LODD). • A Firefighter line of duty death occurs that is of significant magnitude at the national level as determined by the Fire Chief or designee. 724 of 731 Mourning Flags will be displayed at all fire stations on the day of the funeral or memorial service (0800 to sunset) when: • An active duty Firefighter or uniformed non -suppression member of a Fire Department from within San Diego County dies from a non -occupational cause. • A retired Firefighter from an agency within San Diego County dies within five years of separation as a direct result of a documented work -related cause. • The Fire Chief has discretion to order actions outside of this protocol under special circumstances. The Mourning Flag may be displayed when the U.S. and State flags are at half-staff. 725 of 731 Exhibit C Mourning Flag Photos 726 of 731 The following page(s) contain the backup material for Agenda Item: Update on City Sponsored Events. (Community Services) Please scroll down to view the backup material. 727 of 731 Item # June 1,2021 UPDATE ON CITY SPONSORED EVENTS (Community Services) 728 of 731 1 _ 'ow SPECIAL EVENT CALENDAR 2021 l EVENT DATE EVENT NAME LOCTION DEPT. Thursday, March 25 TBA Mayor's Office 1 • 1 April Friday, June 18 Saturday, June 19 Saturday, July 10 Friday, July 23 September Saturday, September 11 Saturday, September 18 Thursday, September 30 Saturday, October 16 Saturday, October 30 Friday, November 5 Thursday, November 11 TBA December Month of December Saturday, December 11 State of the City State of the City Community Service Month Summer Movies in the Park *Community Breakfast Miss National City Summer Movies in the Park *Community Breakfast 9/11 Remembrance Ceremony Summer Movies in the Park/NC B-DAY Volunteer Appreciation Dinner Family Tennis Day Summer Movies in the Park Dia de los Muertos Veteran's Day Celebration Turkey Giveaway *Community Breakfast Bright Lights of Winter A Kimball Holiday National City IKimball Park MLK IMLK/Virtual Kimball Park ITBA Station #34 Kimball Park TBA El Toyon Park Kimball Park IA Avenue War Memorial TBA TBA N/A Kimball Park CSD CSD CMO CSD CSD CMO Fire CSD CSD CSD CSD Mayor's CMO Mayor's CMO Mayor's CSD Office Office Office 1 1 *Dependent on COVID-19 restrictions 729 of 731 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 730 of 731 Item # 06/01/21 City Manager Report (City Manager) 731 of 731