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HomeMy WebLinkAbout2014 10-07 CC HA AGENDA PKTRON MORRISON Mayor LUIS NATIVIDAD Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4300 Meeting agendas and minutes available on web WWW. NATIONALCITYCA. GO V AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, OCTOBER 07, 2014 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. 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. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior CC/CDC Agenda 10/7/2014 — Page 2 to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacidn en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. CC/CDC Agenda 10/7/2014 — Page 3 OPEN TO THE PUBLIC CITY COUNCIL / COMMUNITY DEVELOPMENT COMMISSION AGENDA CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS 1. Proclaiming October 19 through October 25, 2014 as: Freedom from Workplace Bullies Week PRESENTATIONS 2. Update on the City of San Diego's National Pollutant Discharge Elimination System (NPDES) Modified permit for the Point Loma Wastewater Treatment Plant. (Engineering/Public Works) INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: Various Boards / Commissions / Committees. (City Clerk) CONSENT CALENDAR 4. Approval of the Minutes of the Regular Meeting of the City Council of the City of National City and Community Development Commission - Housing Authority of the City of National City of September 16, 2014. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Coxcom, Inc. extending the terms to lease video and data services for 60 months in the annual not -to -exceed amount of $48,840. (MIS) 6. Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2014 San Diego County Law Enforcement Foundation Grant in the amount of $6,500.76 and authorizing an increase of the appropriation for the purchase of Ballistic Plates, Ballistic Plate Carriers, and Magazine Pouches. (Police) CC/CDC Agenda 10/7/2014 — Page 4 7. Resolution of the City Council of the City of National City authorizing the installation of pedestrian crossing enhancements at the intersection of National City Boulevard and East 20th Street. (TSC Item No. 2014-11) (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of 419 West 19th Street. (TSC 2014-12) (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of 1835 "I" Avenue. (TSC 2014-13) (Engineering/Public Works) 10. Resolution of the City Council of the City of National City requesting a Cooperative Work Agreement (CWA) with the State of California Department of Transportation (Caltrans) to extend the budget authority for the 8th Street Safe Routes to School Project, State Project No. SR2SL- 5066(019), from the June 30, 2015 expiration date to June 30, 2016 to allow for reimbursement of eligible project expenditures, and authorizing the Mayor to sign the CWA Request Form. (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the City Manager to execute Proposition 84 Storm Water Grant Program Grant (SWGP) Agreement No. 14-450-550 between the State Water Resources Control Board and the City of National City for the Kimball Park Low -Impact Development and Paradise Creek Restoration Project in the amount of $1,876,153, and authorizing corresponding revenue and expenditure accounts. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Geosyntec Consultants, Inc. for a not -to -exceed amount of $300,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). (Engineering/Public Works) 13. Resolution of the City Council of the City of National City adopting a Joint Resolution of the Metro Wastewater Joint Powers Authority and the Metro Commission, supporting the City of San Diego's National Pollutant Discharge Elimination System (NPDES) Modified Permit for the Point Loma Wastewater Treatment Plant. (Engineering/Public Works) 14. Temporary Use Permit - 7th Annual Tower of Terror sponsored by the National City Fire Fighters Association October 31, 2014 from 5pm to 9pm CC/CDC Agenda 10/7/2014 -Page 5 at Fire Station 34 located at 343 East 16th Street. This is a National City sponsored event per Council Policy No. 804. (Neighborhood Services) 15. Warrant Register #9 for the period of 8/20/14 through 8/26/14 in the amount of $642,181.09 (Finance) 16. Warrant Register #10 for the period of 8/27/14 through 9/02/14 in the amount of $3,540,187.67 (Finance) PUBLIC HEARINGS 17. Public Hearing - Modification of a Previously Approved Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535 National City Blvd. (Applicant Paradise Creek Holding Corporation) (Case File 2012-03 S, DSP) (Planning) 18. Public Hearing - Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 East 35th Street, Suite "A" in the Coastal Zone. (Applicant Cortez Cremations and Funeral Services Corporation) (Case File 2014-09 IS) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City certifying a Negative Declaration and authorizing the City Council to file a Notice of Determination related to a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 East 35th Street, Suite "A" in the Coastal Zone. (Applicant Cortez Cremations and Funeral Services Corporation) (Case File 2014-09 IS) (Planning) 20. Resolution of the City Council of the City of National City approving a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 East 35th Street, Suite "A" in the Coastal Zone. (Applicant Cortez Cremations and Funeral Services Corporation) (Case File 2014-09 IS) (Planning) 21. Resolution of the City Council of the City of National City approving a Modification of a Previously Approved Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535 National City Blvd. (Applicant Paradise Creek Holding Corporation) (Case File 2012-03 S, DSP) (Planning) 22. Resolution of the City Council of the City of National City increasing the contract with Clauss Construction in the not to exceed amount of CC/CDC Agenda 10/7/2014 — Page 6 $845,000 for the 2020 and 2100 Hoover Avenue Site Remediation and Demolition Project, Specification No. 13-01, and authorizing the Mayor to execute any and all change orders in excess of $50,000 up to the not to exceed limit. (Engineering/Public Works) 23. Resolution of the City Council of the City of National City opposing Proposition 47, also known as the "The Safe Neighborhoods and Schools Act." (Police) 24. Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds". (Finance) NEW BUSINESS 25. Temporary Use Permit - Cornerstone Harvest Festival hosted by Cornerstone Church of San Diego at 1914 Sweetwater Road on October 31, 2014 from 5 p.m. to 8 p.m. with no waiver of fees. (Neighborhood Services) 26. Notice of Decision - Planning Commission approval of a Conditional Use Permit for beer and wine sales at Aunt Emma's Restaurant located at 214 National City Blvd. (Applicant: Nikos Gelastopoulos) (Case File 2014-10 CUP) (Planning) 27. Notice of Decision - Planning Commission approval of a Conditional Use Permit for a Fiberglass Manufacturing Business (McCallum Surfboards) located at 3101 Hoover Avenue. (Applicant: Jeff McCallum) (Case File 2014-12 CUP) (Planning) 28. City of National City's participation in "South San Diego County Host Town" in support of the 2015 Special Olympics World Games in Los Angeles. (City Manager) 29. Update of actions taken related to the City of National City Three Year Operating Plan for the period Fiscal Years 2015 through 2017. (Administrative Services) 30. City Council Holiday Meeting Schedule - December 2014 through January 2015. (City Clerk) COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY CC/CDC Agenda 10/7/2014 — Page 7 STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular City Council/Community Development/Housing Authority of the City of National City Meeting - Tuesday - October 21, 2014 - 6:00 p.m. - Council Chambers - National City, California. ITEM ¢ 10/7/14 ITEM # 2 10/7/14 Update on the City of San Diego's National Pollutant Discharge Elimination System (NPDES) Modified permit for the Point Loma Wastewater Treatment Plant (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 3 ITEM TITLE: Interviews and Appointments: Various Boards / Commissions / Committees. (City Clerk) PREPARED BY: Michael R. Della DEPARTMENT: City C ee k PHONE: 619-336-4226 APPROVED BY: EXPLANATION: See attached status report FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Conduct interviews and re -appoint as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Status Report 2. Applications STATUS REPORT: New Applicants Gary Dines Brian Monahan Diana Plazola Florfina Arce Emanuel Gutierrez CPRC CPRC CPRC PRSCAB CPRS / TRAFFIC Incumbents Requesting Reappointment Leslie Coyote Deborah Hernandez Roy Cesena Yvonne Cordoba Howard Schwitkis Claudia E. Torres Civil Service Commission Library Board PRSCAB PRSCAB PRSCAB Public Art Board & Commission Status CPRC Civil Service Commission Library Board PRSCAB Public Art Traffic Safety Committee 1 expired term 1 expired term 3 expired terms 1 expired term Needs to be interviewed Needs to be interviewed Needs to be interviewed Needs to be interviewed Interviewed in May 2014 Invited to be present Invited to be present Invited to be present Invited to be present Invited to be present reappointed for less than 1 year 3 vacancies 1 vacancy 1 vacancy 1 vacancy 4 applicants no new applicants no new applicants 1 new applicant no new applicants no new applicants PAo _ (�-r�,,��Q P‘ 1. Fk,->R.-04 r cc aga,,ikit 0,1-1:W-12.4 Sig-�y penence tr peaa now e. ge ertaining to Area of Interest: .uz s � �is-�� Add �- Have you ever been convicted of a of loriy crime. o,Y Yes:_ misdemeanor crime? No:,K Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Name: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES CMl Service Commission Planning Commission _ Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. FH•c J 5, A./ZCE Home Address: / 3 / 7 # 02 N e0/9/jJ rel. No.: ° � ?.3 / 7/ /K /fa e A %U-4// Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: Co 'f San Diego County: 3 6 r S California: 3 Y/ S Educational Background: 55SA i�Gf� f-KET[KC PIAJO . U N ity• ir fttt` 't(Ibl pekNgs" FA-5 161 Pt.S f 64 5 trtt. T rl LJ — 4 sac) t-t.E 6' Occupational Experience: (5 ANK f 06 Pyt .St r'&SS 6-w i•VEi . . ff ah5 C�Y113 Professional or Technical Organization Memberships: -C. t F_ ! n to y 4.4c1 n l'61411APA77art To,ES _ . 'ni'A P i= i2 OF T6k 57742 Civic or Community Experience, Membership, or Previous Public Service Appointments: Eg M — c S �� o �- �L6 Q • s s a ttt-,r �a1 C�.�t ct+it vc ar�E cIL AL sl tea, - (A, a, _ •iir2 •i_ 1 - Date: Please 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. *Residency requirements may not apply This documents is filed as a public document Signature: Please feel free to provide additional information or letters of endorse �. -� co r-- m m Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission _ Planning Commission ✓ Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees _ Traffic Safety Committee _ Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: Gin A DINES Home Address: Jill 12.+194Eiook j Dig Tel. No.: (019 791 rggio Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: it, v(mec San Diego County: !?K alifornia: /7 tjj=4*Z3 Educational Background: f4ii t Sr., t_ w I k4 soar col tEG E Occupational Experience: BANk {-J-io,4 C{{P VOionl+r Professional or Technical Organization Memberships: ia<tT-a}tluAetl p z tu-i (pARfNEtsitiq Wi}tt i!t6 rB.t) Civic or Community Experience,^'Membership, or Previous Public ServiceAn�-`^�Appointments:A��� Ass19 A34 St_cJeJ 1 Cos u# . F Nnit.44sgits IVY ASst*t*€Z .114;14-t ficiAtts Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No: "--"Yes:misdemeanor crime? No:✓S'es: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: WZof+f Signature: Please feel free to provide additional information or letters of endorsement. Please retum 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. *Residency requirements may not apply This documents is filed as a public document Revised: March 2012 3 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission X Planning Commission Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees X Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: EM M Al n/ ura I t It l? E Z Home Address: 3 b 4 .22N,, csr Apr 4.102 nf• G 4IgS&Tel. No.: (CD i °1 l s' cj - y 5 G 3 Business Affiliation: Sta Friva1ri f)t-ris.crTitle: S'u8 mirrNJJ TEAwer.(Coq(.1.1 Business Address: {13a t� FTN Avt (Itu,n Vv� ' I' tr Tel. No.: (614) tag i— SS3o Length of Residence in National City: i 3- tics San Diego County: 21 , California: a L Educational BackgroundO"?ui-t i erctct Class a at. , BachcIo.r e4m aye U. UG R;vcnVdc aids 7o o Nag}or; ,a edvC42.41it, SYaM+s VC Occupational Experience: Su b rnn l.l, -1eac. ter- "06 Slne w4.4.re Sc kr of d t 1 G� eta Professional or Technical Organization Memberships: y �s $poCdccc(1 -sincc 2‘2.11 5iueG4-+41-4ov, `cxa c{ Cas+L /A Civic or Community Experience, Membership, or Previous Public Service Appointments: p. Experience or Special Knowledge Pertaining to Area of Interest: /p Have you ever been convicted of a felony crime? aYes: misdemeanor crime?Y: JT Yes: If any convictions were expunged disclosure is not required. Convictions are rei necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answero the above two questions. -r, x, . -� r,,m .o Date: V/71 20 / r}- Signature: r- n �-t r ., Please feel free to provide additional information or letters of endortaennebt. Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91.950 Thank you for your interest in serving the City of National City. ' Residency requirements may not apply This documents is filed as a public document Revised: March 2012 Name: CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Civil Service Commission _Planning Commission v"Community & Police Relations Commission* (CPRC) Public Art Committee* Library Board of Trustees � Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal background check prio to appointment. >t�,�,4.,� /� • lN/0^ 64e i,44 / Home Address: 0 :757 E. (s r- Please retum 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. * Residency requirements may not apply This documents is filed as a public document 5 Tel. No.: Golf''" 415`�-o�7D� Business Affiliation: / /t /C ¢,�/ �, Q(,/�„ f �'' Title: eG6/,/i Business Address: ¥.30 a r1A-ii"iV A/e. . Tel. No.:<iq?'`4D' a34.0 Length of Residence in National City: ,3y s San Diego County: S-7 1,,�Califomia: 57y45 • Educational Background: /+IGH �f(,1xx 4444411 u.L..40/44 C_Gc 444 . 77/u eswV ar'Gf. 44 /P�,s .eAdgsu`cf. Occupational Experience: 6EJ(L1 L i' ,j L5 �¢5 tf 7JQx77A- /rl44"e-,%tea (2ni6e �'�ST7,r�fifi7/1- /6.2 ytVC C_ AC✓ 4�. '.`f Professional or Technical Organization Memberships: ,'D#24/£(.._ 11.4644 35/-- of IG(. A55o0;tr Ct/4c c aLS S. Civic or Community Experience, Membership, or Previous Public Service Appointments: AIDiL Experience or Special Knowledge Pertaining to Area of Interest: �>G rim gc.;eg_ 0�ie0- sae ,Vq,7o,44L 434. Have you ever been convicted of a felony crime? No:.�Yes:_ misdemeanor crime? No:✓Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers toSe ve two questions. Date: /O/f Signature. Cr) ri ost- srn c, r— rn Please feel free to provide additional infmation or letters of endorsement -1 N -< rn rn Revised: March 2012 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Civil Service Commission _ Planning Commission Community & Police Relations Commission* (CPRC) _ Public Art Committee* — Library Board of Trustees _ Traffic Safety Committee Parks, Recreation & Senior Citizens Advisory Board Note: Applicants must be residents of the City of National City except for those marked by an * Applicants for the Community and Police Relations Commission must pass a criminal ibackground check rior to ap intment. Name: t a r) a -v561 - Home Address: 11 I-1 S S • D \ v is 1 o N (04) 250 -y0N 9 Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: IS yrs San Diego County: e`f yVSCalifomia: Educational Background: Jam 1 )V.i Z7 �c --ce i hc rad <1 GA-eiioors tnJQaut�t(a Sct ' Occupational Experience: � --rt (-P_ k 0-1-Gm-i- Professional or Technical Organization Memberships: (16 nk.. Civic or Community Experience, Membership, or Previous Public Service Appointments: n6 r-e. Experience or Special Knowledge Pertaining to Area of Interest: Have you ever been convicted of a felony crime? No: Yes:_ misdemeanor crime? No: .Yes If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. r> �a Date: -71 10 19 Signature: u Please feel free to provide additional information or letters of endorseeenie r ca Thank you for your interest in serving the City of National City. * Residency requirements may not apply This documents is filed as a public document Please return completed form to: Office of the City Clerk 1243 National City Blvd, National City, CA 91950 Revised: March 2012 6 Item # 4 10/07/14 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 16, 2014. (City Clerk) Book 96 / Page 144 09-16-2014 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY September 16, 2014 The Regular Meeting of the City Council and ` Community Development Commission _ Housing Authority of the City of`National City was called to order at 6:07 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cap <I Morrison, Natividad, °Rios, Sotelo-Solis. Administrative Officials present: Dalla, ,eese, ,Duong, Manganiello, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vexgara, Williams. Others present: Student Representative IsaacMaldonado PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS. None. CITY COUNCIL PERSONNEL RECOGNITION / APPRECIATION ADMIN (604-2-1) 1. ''''Employee of the Quarter 2 314 — Renee Love, Police Dispatcher. (Police) PERSONNELy$RECOGNITION / APPRECIATION ADMIN (604-2-1) 2. Recognizing Don D ;'Miner, Fire Battalion Chief for his 29 years of service with the City of National City. (Fire) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 3. Update on National City Safe Routes to School Program. (Rady Children's Hospital & Engineering/Public Works) COUNCIL MEETING PRESENTATIONS 2014 (102-10-9) 4. Recognition of Volunteer Parent Safety Patrols. (Engineering/Public Works) Book 96 / Page 145 09-16-2014 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 5 (Minutes), Item Nos. 6 and 7 (Resolution Nos. 2014-132 and 2014-133), Item No. 8 (TUP), Item Nos. 9 and 10 (Warrant Registers). Motion by Cano, seconded by Natividad, to pull Item Nos. 6 and 7, and to approve the remainder of the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 5. APPROVAL OF THE MINUTES OF THEREGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NAT„Ii 1 AL:;CITY AND COMMUNITY DEVELOPMENT COMMISSION —.,_HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF SEPTEMBER 2, 2014. (City Clerk) ACTION: Approved. See,above. CONTRACT (C2004-42) 6. Resolution No. 2014-132. RESOLUTION OF."THE CITY COUNCIL OF THE CITY OF NATIOI A'LLCITY AUTHORIZING THE MAYOR TO ENTER INTO AN AGREEMENT WITH THE NATIONAL SCHOOL DISTRICT FOR PARTIAL FUNDING W:_. THE ;.0 SCHci,*, RESOURCE OFFICER PROGRAM. THE CITY OF NATIONAL CITY WILL BE REIMBURSED $61,917 FOR<FY2014 AND=$61,917�. FO,R FY20,�5, FOR A TWO-YEAR TOTAL F $123,834 FORT THE ` POLICE. SCHOOL RESOURCE OFFICER SERVICES. (Police); r`` ACTION Motion by Rios, seconded by Sotelo-Solis, to adopt the esolution ,<riedy unanraious vote. "LyY AW, ii S 4) STATEMENT OFECONOMIC INTERESTS ADMIN (503-10-1) 7. Resolution No 2014-1 3, RESOLUTION OF THE CITY COUNCIL OF HE CITY OFF NATIONAL CITY ACCEPTING THE WRITTEN STATEMENT T110. NO FURTHER CHANGES ARE NEEDED AT THIS TIMETO TH CONFLICT OF INTEREST CODE WHICH INCORPORATES REFERENCE THE FAIR POLITICAL PRACTICES COMMISFSION'S=STANDARD MODEL CONFLICT OF INTEREST CODE, CURRENTLY IN •EFFECT THROUGH RESOLUTION NO. 2012-192. (City Attorney) ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. TEMPORARY USE PERMITS 2014 (203-1-30) 8. Temporary Use Permit - Sweetwater High School's Homecoming on October 17, 2014 from 5:00 p.m. to 10:00 p.m. at 2900 Highland Avenue. This is a City co -sponsored event per Council Policy No. 804. (Neighborhood Services) ACTION: Approved. See above. S y 11. Resolution No. 2014-134. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMROVING A CONDITIONAL USE PERMIT FOR A TOBACCO SPECIALTY SHOP LOCATED IN SOUTH BAY PLAZA AT 1430E .PLAZA BLVD.. "SU.ITE E7B. (Applicant: Vapure USA, Inc. (Case File 2010.4CUP) (Planning) RECOMMENDATION: Adopt, the Resolution. TESTIMONY; None }:' ACTION:aMotion by Sofelo Solis, seconded by Natividad, to adopt the 'Resolution y. CarriedZ.by the following vote, to -wit: Ayes: Morrison, Natividad, Sotelq Solis. Nays: Cano, Rios. Absent: t one. fAbstai Q e NEW BUSINES MUNICIPAL CODE 201 L (506 -29) 12. Council subcomrriittee seeking input from City Council and Public on next steps ,the development of an Ordinance prohibiting smoking in and around`i ulti-unit residences and duplexes. (Fire) RECOMMENDATION: Seeking input from City Council and Public on next steps in thvelopment of an Ordinance prohibiting smoking in and around multi -unit residences and duplexes. TESTIMONY: Dr. Zavaro spoke in support of the Ordinance. Anna Alejo, Tobacco Community Coalition, spoke in support. Lorenzo Higley, Communities Against Substance Abuse, spoke in support. Ghellam Ponce Deleon, Tobacco Free Communities Coalition, spoke in support. Lee Harvey, National City, spoke against the Ordinance. Cassoe Pineda, San Diego, spoke in support. Dr. Marie Boman -Davis, San Diego, spoke in support. Shannon Lopoian, San Diego, spoke in support. Book 96 / Page 146 09-16-2014 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 9. Warrant Register #7 for the period of 08/06/14 through 08/12/14 in the amount of $2,506,731.15. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (20271-29) 10. Warrant Register #8 for the period of 08/13/14' through 08/19/14 in the amount of $2,827,884.13. (Finance) ACTION: Ratified. See above. NON CONSENT RESOLUTION CONDITIONAL USE PERMITS 2014 2f 411-29-1) 3 Book 96 / Page 147 09-16-2014 NEW BUSINESS (cont.) MUNICIPAL CODE 2014 (506-2-29) 12. Council subcommittee seeking input from City Council and Public on next steps in the development of an Ordinance prohibiting smoking in and around multi -unit residences and duplexes (continued). TESTIMONY: Tracy Morgan Hollingsworth, Chula Vista, spoke in opposition. Katrina Mariazeta, San Diego, spoke in support. Irma Elsasser, National City, spokeinlupport. Molly Kirkland, San Diego, spokel0.3600pition. Sylvia Martinez, National City, spoke in support. Ofelia Alvarado, American 4 ng'Association, Spoke in support. Gina Knutson, San Die ' po g ,,, ��o�Ce in support. Erica Martinez, Nationaltly spoke in support. Barbara Gordon, Tobacco . Communties Coalition, spoke in Barbara Hahn, Chula<1 ista, submitted,a slip in opposition. ACTION: The matter was referred back to staff and the committee r>< for additional information onvarious iss'ues„including enforcement, existin state legislation, an educational component and what other citiesr-are doing. There was Rio' "vote v.::k4.1•.. LIBRARY REPORTtADMIN (1104-1 6) 13. Presentation NationalCity, Public :.Library, 2014-2019 Strategic Plan. Libra Mernber Natividad Left the Council Chambers at 8:46 p.m. s s� COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY NO AGENDA ITEMS STAFF REPORTS City Engineer Steve Manganiello announced that the City has been awarded five Active Transportation Grants totaling $3.2 million dollars, which is the most received by any city in the county. The grants are for the 18th Street, Euclid Avenue and Division Street Corridors, a City-wide safe routes to School project and a north -south bike route project. Mr. Manganiello also announced that an event showcasing our newly installed grant funded bike facilities is scheduled at Kimball Park on October 16th Book 96 / Page 148 09-16-2014 STAFF REPORTS (cont.) Executive Director Brad Raulston provided an update on the planned relocation of the Skate Park and on -going community outreach efforts for the new park. Mr. Raulston also reported that the Port District has approved the MOU for the Way - Finding project. MAYOR AND CITY COUNCIL Member Sotelo-Solis commented on the large number of people using the newly installed bike facilities and inquired about the possibflity of educating the public on how to navigate our new street designs. Member Rios reminded everyone about the Friday night football game between Sweetwater High and Chula Vista High a c, Mayor Morrison spoke about the dedication of the new Welding Academy facility at Sweetwater High, the Iarge response re'cceiVed for the Elected Officials Reception being hosted by the Ciy at Pier 32'and the City Employee Picnic schedule on September 27th at Pe per Park. Q CLOSED SESSIONREPORT City Attorney Claudia Suva (stated there was `nothing to report from the Closed Session. (See' attached Exhibit 'L') ''"''" ADJOURNMENT Motion by Sotelo Solis, seconded by Gapo, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission — Housin {Authority of the City of lational City to be held Tuesday, October 7, 2014 at 440. p.m. at the'rCouncil Chambers, National City, California. Carried by unanimous'vo..e. The meeting closed:at 32`p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of October 7, 2014. Mayor 5 EXHIBIT `L' AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Roo: Civic Center 1243 National City,Bouilevard'`V: National City,,:; California Special Meeting — Tuesday, ptember 16, 2014 — 4:3Q p.m. ROLL CALL CLOSED SESSION CITYCOUNCIL 1. Public Emplovee'Performance Evaluation" Government Code`Section 49570b)(1) the City>Manager`,' ADJOURNMENT egular City Council Meeting — Tuesday, September 16, 2014, 6:00 p.m., Council ers, Civic Cent f` 6 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 10-07-2014 AGENDA ITEM NO. 5 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a second amendment to the agreement with Coxcom, Inc. extending the terms to lease video and data services for 60 months in the annual not -to -exceed amount of $48,840. PREPARED BY: Ron Williams DEPARTMENT: PHONE: 619-336-4373 APPROVED BY: EXPLANATION: ervices The current agreement between National City and Coxcom Inc. provides for cable video services and a 65MB internet data circuit through October 19, 2015. The increased usage of public wireless at the National City library, and other city facilities, has increased the demand for network bandwidth beyond the current 65MB circuit. During peak times of high network utilization, this causes noticeable network slowness across the City's internal network, and the public wireless network. This is particularly noticeable when utilizing web -based applications on the internet, and can result in decreased staff productivity. The proposed solution would increase the City's internet circuit's bandwidth from 65MB to 100MB and add an additional 50MB internet circuit solely for public computers and public wireless access. This would provide sufficient bandwidth for both the City's internal network and public wireless egress points to the internet, resulting in a noticeable reduction in network slowness. Staff recommends executing second amendment with Coxcom, Inc. for a 60 month term. FINANCIAL STATEMENT: ACCOUNT NO. 631-403-082-248-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Contract Amendment SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND COXCOM, INC. THIS SECOND AMENDMENT TO AGREEMENT (this "Amendment") is made as of the 7th day of October, 2014 (the "Effective Date") by and between THE CITY OF NATIONAL CITY, a municipal corporation (the "City") and COXCOM, INC.; COX CALIFORNIA TELCOM, LLC, a corporation ("Cox"). RECITALS A. Cox and the City entered into that certain Agreement dated June 3, 2008 (the "Agreement") for the provision of commercial Internet services (the "Services") to City for the purposes set forth in that certain Resolution No. 2008-98 (the "Resolution"), which is attached hereto as Exhibit "A" and made a part hereof, and B. Cox and the City entered into a First Amendment dated October 19, 2010 (the "Agreement"), to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video services set forth in that certain Resolution No. 2010-237 (the "Resolution"), which is attached hereto as Exhibit "B" and made a part hereof, and C. Cox and the City desire to amend and modify certain terms and conditions of the Agreement. AGREEMENT NOW, THEREFORE, for and in consideration of the mutual covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Cox and the City hereby agree as follows: 1. Definitions. Any capitalized terms used in this Amendment not otherwise defined herein shall have the meaning ascribed to such term as set forth in the Agreement. 2. Amendments. a. Cox and the City hereby agree to extend the term of the Agreement for a period of five (5) years upon the same terms and conditions as set forth in the Agreement, and said extended term (the "Extended Term") shall commence upon the Effective Date of this Amendment and shall expire on October 19, 2019. b. Cox and City hereby agree to renew and increase the existing Cox Optical Internet Services ("Cox Optical Internet 60Mbps" to "Cox Optical Internet 100Mbps"), as set forth in Exhibit "C", with a monthly recurring charge October 7, 2014 1 Second Amendment to Agreement City of National City and CoxCom, LLC October 7, 2014 ("MRC") of $2,200.00, which shall reduce the MRC under the previous Agreement for said services. c. Cox and City hereby agree to add a new Cox Optical Internet Service at 1243 National City Boulevard ("Cox Optical Internet 50Mb"), as set forth in Exhibit "C", with an MRC of$1,300.00 and $0.00 installation fee. d. Cox and City hereby agree to add a new Cox Business Internet ("CBI 25Mb/5Mb") at 1415 D Avenue, National City, CA 91950 (Nutrition Center), as set forth in Exhibit "D", with an MRC of $174.00 and $0.00 installation fee. e. The City shall renew Cox Expanded Basic (Commercial Standard Cable) video service (the "Video Service") for certain locations within the City of National City, as set forth in Exhibit "E", with an MRC of $15.00 per outlet. Video Service shall be subject to the same terms and conditions as set forth in the Agreement, except as otherwise set forth herein. Cox shall provide thirteen (13) CATV video outlets for the distribution of the Video Service at the addresses set forth on Exhibit "F" (the "City Locations"), which is attached hereto and made a part hereof. Except where applicable law requires a different channel line-up, the Video Service shall consist of Cox standard channel line-up and video programming channels and video signals for the applicable Service Area as listed in Exhibit "G", which is attached hereto and made a part hereof. The video signals and channel line-up may be modified from time -to -time by Cox in its sole discretion. The City acknowledges and agrees that (i) the programming and information contained in the Video Service may not be changed or altered by the City or its agents; (ii) because Cox makes use of certain programming owned by others in providing the Video Service, Cox is not guaranteeing the provision or future availability of any particular program or channel, and the City will make no claims nor undertake any legal action against any person or entity, including Cox's programmers or vendors, if certain programming is interrupted, discontinued or substituted. Cox may change video service prices periodically during the Extended Term (or any renewal term) of the Agreement upon thirty (30) days prior written notice. The City shall have no claim against Cox if any video channel is modified or deleted by any programmer supplying such content to Cox. Cox may restrict the display of certain programming or video Services to certain areas at or within the City Locations. If the City engages in a public performance of any copyrighted material contained in the Video Service provided under this Agreement, the City, and not Cox, shall be responsible for obtaining any public performing licenses. f. In the event that, during the Extended Term (or any renewal term) of the Agreement, Cox begins to transition certain channels in the standard channel lineup from an analog transmission to a digital transmission, in order to continue receiving such channels which were formally delivered by analog transmission, the City will need to rent from Cox either a digital receiver for each video outlet or digital insertion equipment. If digital insertion equipment is required, Cox will charge the City an installation fee. Title to the digital receiver and the digital insertion equipment and all other equipment provided to the City by Cox will 2 Second Amendment to Agreement City of National City and CoxCom, LLC g. remain with Cox at all times. In order to receive the Video Service, the City must have the necessary equipment to receive the Video Service (e.g. TVs) and, at all times during the Extended Term (or any renewal term) of the Agreement, the City is responsible for ensuring that such equipment is compatible with the Video Service. For example, if Cox provides the City with an encrypted signal for the Video Service, the City must have equipment with decryption capabilities that are satisfactory to Cox. The City gives Cox the right and license during the Extended Term (or any renewal term) of the Agreement to enter the City Locations during reasonable hours to install, connect, disconnect, transfer, inspect, improve, maintain, service, repair, remove and/or replace any portion of the equipment used to provide the Video Service, and to do all other things necessary to ensure its continued operation. Upon expiration of the Extended Term (or any renewal term) or earlier termination of the Video Service in accordance with the Agreement, Cox shall have the right to enter the City Locations and remove its equipment, subject to the provisions set forth herein. The parties agree to reasonably cooperate fully and promptly with each other during the Extended Term (or any renewal term) of the Agreement. h. For technical reasons, Cox may have to provide signal feeds for several premium movie channels (e.g. HBO, Cinemax, Starz, Encore, Showtime), up to the Demarcation Point for the City Locations. For purposes of the Agreement, the "Demarcation Point" shall be the final coaxial cable connection that hands off video feeds to the City's internal wiring system. The City is responsible for all equipment and wiring past the Demarcation Point. If the City contacts Cox regarding a service problem and Cox confirms that Cox has been providing a signal to the Demarcation Point and that all Cox provided equipment is functioning correctly, the City shall be responsible for paying Cox's standard service call fee. For the avoidance of doubt, past the Demarcation Point, The City is only authorized to receive the signal for the channel(s) that is specifically listed on Exhibit G to this Amendment, even if Cox provides signals for several channels up to the Demarcation Point. If the City receives or attempts to receive a signal for a premium movie channel or any channel past the Demarcation Point and such channel is not listed above, this shall be a material breach of this Agreement by the City and Cox reserves the right to immediately terminate the Video Service and/or require that the City immediately pay all applicable early termination fees and/or require that the City pay Cox the standard fee Cox would have charged the City had the City contracted with Cox to receive the signal as of the date Cox first provided the Video Service to the City under the Agreement. The City shall indemnify, defend and hold Cox, its parents and affiliates, harmless from any claims arising from the City's unauthorized use of any channel. Cox reserves the right to audit the City Locations from time to time during the Extended Term (or any renewal term) to determine if the City is receiving any signals for any channels that the City is unauthorized to receive. October 7, 2014 3 Second Amendment to Agreement City of National City and CoxCom, LLC The City agrees not to add or attempt to add additional video outlets using the video signal feed provided by Cox, without Cox's consent. The City is responsible for the costs of all additional video outlets that receive the video signal feed provided by Cox. The City must notify Cox of any additional video outlets that receive the Cox video feed during the Extended Term (or any renewal term) of the Agreement. 3. Except as contained herein, the terms of the Agreement remain in full force and effect, however, in the event of any inconsistency between the terms and provisions of this Amendment and the other terms and provisions of the Agreement, the terms and provisions of this Amendment shall be controlling for all purposes and in all respects. 4. This Amendment may be executed by facsimile and in counterparts, and an executed facsimile copy of this Amendment shall be deemed to be an original for all purposes. IN WITNESS WHEREOF, Cox and City have caused this Amendment to be executed as of the Effective Date CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attomey October 7, 2014 COXCOM, INC.; COX CALIFORNIA TELCOM, L.L.0 (Corporation — signatures of two corporate officers required) (Partnership— one signature) By: By: (Name) (Print) (Title) (Name) (Print) (Title) 4 Second Amendmcnt to Agreement City of National City and CoxCom, LLC EXHIBIT A RESOLUTION NO. 2008 — 98 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING WAIVER OF THE BIDDING PROCESS AND AUTHORIZING THE MAYOR TO EXECUTE A 36-MONTH LEASE AGREEMENT WITH COX COMMUNICATIONS, INC. TO LEASE A60MB DATA CIRCUIT IN THE ANNUAL AMOUNT OF $43,200 WHEREAS, the City currently leases a 10MB circuit and a 1.5MB circuit from AT&T at a cost of $30,840 annually; and WHEREAS, the 10MB circuit is dedicated for library use only, leaving the 1.5MB circuit for the remaining City Internet traffic; and WHEREAS, the City's current bandwidth for Internet purposes is not adequate to support the types of network traffic that will be generated by the City's new website; and WHEREAS, staff recommends leasing a 60MB data circuit in the annual amount of $43,200 from Cox Communications, Inc. (Cox) because Cox owns local fiber infrastructure throughout National City, their pricing is competitive within the industry, and no further purpose would be served by issuing a formal bid; and WHEREAS, pursuant to Section 12.60.220(D) of the National City Municipal Code, the Purchasing Agent may dispense with the requirements of the bidding process when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure. NOW, THEREFORE. BE IT RESOLVED that the City Council finds that special circumstances exist, and authorizes the waiver of the bidding process. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a 36-month Lease Agreement with Cox Communications, Inc. for a 60MB Data Circuit In the annual amount of $43,200. Said Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of June, 2008: ATTEST: N Mi• ael R. Della, C y Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayo ,Kaye zo of Co/ EXHIBIT A Passed and adopted by the Council of the City of National City, California, on June 3, 2008 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Zarate. Nays: None. Absent: Councilmembers Natividad, Ungab. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California dt- City Jerk of the City f National City, California Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2008-98 of the City of National City, California, passed and adopted by the Council of said City on June 3, 2008. City Clerk of the City of National City, California By: Deputy EXHIBIT A City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Della, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 June 18, 2008 Mr. Richard Gonzalez CoxCom, Inc. 5159 Federal Blvd. San Diego, CA 92105 Dear Mr. Gonzalez, On June 3rd, 2008, Resolution No. 2008-98 was passed and adopted by the City Council of the City of National City, authorizing execution of a lease agreement with Cox Communications, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original agreement. Sincerely, Michael R. Della, CMC City Clerk Enclosures cc: MIS Dept. Mark F. Padilla, Cox Communications ® Recycled Paper EXHIBIT B RESOLUTION NO. 2010 — 237 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE AGREEMENT WITH COXCOM, INC., FOR THE LEASE OF VIDEO AND DATA SERVICES IN THE ANNUAL NOT TO EXCEED AMOUNT OF $39,000 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60mb Data Circuit in the annual amount of $43,200; and WHEREAS, the State of California Digital Infrastructure and Video Competition Act (DIVCA) now requires payment for cable services previously provided free of charge under the National City Franchise Agreement with Coxcom, Inc.; and WHEREAS, the City and CoxCom, Inc, desire to amend the Lease Agreement by extending the term for a period of five years from Oct 19, 2010 to October 19, 2015, expanding the scope of services, reducing the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, this First Amendment amends the Lease Agreement to bring the City into compliance with DIVCA requirements_ NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the First Amendment to the Agreement with CoxCom, Inc., to extend the term for a period of five years, expiring on October 19, 2015, for the lease of video and data services in the annual not to exceed amount of $39,000, and to bring the Lease Agreement into compliance with the requirements of the State of California Digital Infrastructure and Video Competition Act. Said First Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of October _ 1 10. ATTEST: Michael R. Dalla,'City Clerk r "OVE. ASTa FORM: I; ..ittsi. dia G. Sit City Attorney n Morrison, Ma i EXHIBIT B Passed and adopted by the Council of the City of National City, Califomia, on October 19, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotefo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California •itzdf er of the City of anon City G al City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-237 of the City of National City, California, passed and adopted by the Council of said City on October 19, 2010. City Clerk of the City of National City, California By: Deputy wage C4 OI CY) EXHIBIT B cA1ryFl1itt4IA ..e« INCOAp03lATE-' October 21, 2010 Mr. Richard Gonzalez CoxCom, Inc. 5159 Federal Blvd. San Diego, CA 92105 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, Califomia 91950 Michael R. Della, CMC • City Clerk 619-336-4228 phone • 619-336-4229 fax Dear Mr. Gonzalez, On October 19u', 2010, Resolution No. 2010-237 was passed and adopted by the City Council of the City of National City authorizing execution of the First Amendment to the Agreement with CoxCom, Inc. We are forwarding for your records a certified copy of the above Resolution and a fully executed original Amendment. Since rely, Esther B. Clemente Deputy City Clerk Enclosures cc: MIS Dept. cox. Business. EXHIBIT C Amendment to Commercial Services Agreement 09108/2014 Cox Account Rep: David Horowitz Cox System Address: hone Number: 619-269-2416 5159 Federal Blvd Fax Number: San Diego, CA 92105 ., r f ega ompany Name: 1 N N iPt�4 ,i N .: ityo National ity ; (� i r a .rvi €' i El i i. ullName: Ron i Williams Street Address: 1243 NATIONAL CITY BLVD :iIIing Contact: City/ State/ Zip: NATIONAL CITY, CA- 91950 Fax: Billing Address : 1243 NATIONAL CITY BLVD o n to ct Number: 619-336-4240 rwilliams©nationalcityca.gov City/State/Zip: NATIONAL CITY, CA - 91950 mailAddress: Cox Account #: 108152501 Service Description Prev QTY New QTY Unit Price Term (Months)Service Charges Monthly Recurring One Time Activation & Setup Fees Cox Optical Internet 50 Mbps 1 1,300.00 60 1,300.00 0.00 Additional Features 0.00 0.00 0.00 Cox Optical Internet 100 Mbps 1 2,200.00 60 2,200.00 0.00 - Additional Features 0.00 0.00 0.00 Totals: 3,500.00 0.00 Description Quantity Unit Price Total Fee For Dedicated Service Facilities (e.g. Private Line Type Customer represents that at least 10% of the traffic on Services, Ethernet Services). By initialing here and signing below, the designated circuit(s) is Inter -State in nature or is Internet traffic. By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/b/a Cox Business; Cox California Telcom, LLC Signature: Signature: Print: Print: Title Position: Title Position: Date: Date: This "Agreement" includes the terms and conditions (i) on the previou or, if in the Cox Business e-commerce environment, as selected above t e Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/pollties/business-general-terms.cox (the "General Terms"). 1. Tariffs/Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww7.cox.com/business/voice/reaulatory cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by. the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs Incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. IBrTP€ ment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non -recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the clue date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated Agreement and will be obligated to pay the termination fee described alp( If applicable to the Service, Customer shall pay sales, use, gross recei and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer Is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOr'— ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TC BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NO1 LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. cox. Business. EXHIBIT D Amendment to Commercial Services Agreement 09/08/2014 Cox Account Rep: pavid Horowitz ox System Address: Phone Number: 1619-269-2416 5159 Federal Blvd Fax Number: I San Diego, CA 92105 ega ompany ity o National ity Name: Full Name: Ron Williams f Street Address: 1415 D AVE, OFC Billing Contact: City/State/Zip: ATIONAL CITY, CA - 91950 Fax: Billing Address: 1243 NATIONAL CITY BLVD ontact Number: 619-336-4373 rwilTiams@nationalcityca.gov City/State/Zip: NATIONAL CITY, CA - 91950 Email Address: Cox Account #: Service Description Prev QTY New QTY Unit Price Term (Months) Service Charges Monthly Recurring One Time Activation & Setup Fees CBI 25-25Mbps x 5Mbps 1 174.00 60 174.00 0.00 - Additional Features 0.00 0.00 0.00 Totals: 174.00 0.00 Description Quantity Unit Price Total Fee For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature or is Internet traffic. • By signing this Agreement, you represent that you are the authorized Customer representative and the information above Ts true and correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/b/a Cox Business; Cox California Telcom, LLC Signature: Signature: Print: Print: Title Position: Title Position: Date: Date: This "Agreement" includes the terms and conditions (i) on the previou€p IB or, if in the Cox Business e-commerce environment, as selected above t e "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/ Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http .//ww2 cox car /business/voice/reoulatorv.cox. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to Install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or 5G. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. FTPlEyment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non -recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated tl Agreement and will be obligated to pay the termination fee described abov If applicable to the Service, Customer shall pay sales, use, gross receip and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer -with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer Is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in- accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution, library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. 8. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOM"" ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. cox . Business Cox Account Rep: David Horowitz Phone Number: 619-269-2416 Fax Number: ega ompany Name: Street Address: City/ State/ Zip: Billing Address: ity o ational EXHIBIT E Amendment to Commercial Services Agreement Cox System Address: 5159 Federal Blvd San Diego, CA 92105 ull Name: multiple - see attachment t i l l i n g Contact: 1243 NATIONAL CITY BLVD City/ State/ Zip: NATIONAL CITY, CA - 91950 Cox Account #: 114229901 (and others) Service Description Cox Business Advanced TV Totals: Description Prev QTY Fax: Contact Number: Email Address: Quantity Unit Price Ron Williams 619-336-4240 09IO /201u rwilliams©nationalcityca.gov Term (Months) Unit Price Monthly Recurring 195.00 195.00 For Dedicated Service Facilities (e.g. Private Line Type Services, Ethernet Services). By initialing here and signing below, Customer represents that at least 10% of the traffic on the designated circuit(s) is Inter -State in nature or is Internet traffic. Service Charges One Time Activation & Setup Fees Total Fee By signing this Agreement, you represent that you are the authorized Customer representative and the information above is true and; correct. This Agreement binds Customer to the terms and conditions attached to this Agreement (the "Service Terms") and any other) terms and conditions applicable to the Services set forth above, including without limitation, the Cox tariffs, Service Guides, State and Federal regulations, the General Terms located at http://ww2.cox.com/aboutus/policies/business-general-terms.cox, and the Cox Acceptable Use Policy (the "AUP"). Customer acknowledges receipt and acceptance of the Service Terms, the AUP and the General Terms by signing this Agreement. This Agreement is subject to credit approval and Customer authorizes Cox to check credit. The prices above do not include applicable taxes, fees, assessments or surcharges which are additional and may change. This proposal is valid provided Customer signs and delivers this Agreement to Cox unchanged within thirty (30) days from the date above. In addition to any other termination rights in this Agreement, Cox may terminate this Agreement without liability at any time prior to installation of Services or if Cox determines that Customer's location is not reasonably serviceable according to Cox's standard practices. If Customer terminates or decreases any Service that is part of a bundle offering, the remaining Service(s) shall be subject to price increases for the remaining Term. Each party may use electronic signature to sign this Agreement, provided the electronic signature method used by Customer is acceptable to Cox. "Acceptance" of the Agreement by Cox shall occur upon the earlier of (i) Cox's countersignature of this Agreement or (ii) Cox's installation of Service at Customer's location. If Customer cancels this Agreement prior to installation of Service by Cox, Customer shall be liable for Cox's costs incurred. If Cox Equipment is not returned to Cox after disconnection of Services, Customer shall be liable for the Cox Equipment costs. I acknowledge that I have read and understand the 911 disclosures in Section 2 of the Service Terms. Customer Authorized Signature Cox Communications San Diego, LLC, d/b/a Cox Business; Cox California Telcom, LLC Signature: Signature: Print: Print: Title Position: Title Position: Date: Date: This "Agreement" includes the terms and conditions (i) on the previoue IB or, if in the Cox Business e-commerce environment, as selected above t e "Cover Page"); (ii) on this page, including without limitation all policies and terms incorporated into this page (the "Service Terms"); and (iii) set forth at http://ww2.cox.com/aboutus/policies/business-general-terms.cox (the "General Terms"). 1. Tariffs/ Service Guide If Customer is purchasing any Service that is regulated by the FCC or any State regulatory body ("Regulated Service"), then Customer's use of such Regulated Service is subject to the regulations of the FCC and the regulatory body of the State in which the Customer location receiving the Regulated Service is located (which regulations are subject to change), as well as the rates, terms, and conditions contained in tariffs on file with State and Federal regulatory authorities. For States where the Regulated Service is de-tariffed, the Regulated Service is provided pursuant to the rates, terms and conditions for the Cox Service Guide for that State (the "SG"), which may be found at http://ww2.cox.com/business/voice/regulatory.cox and which terms are incorporated herein by reference. Cox may amend such tariffs and the SG and the Regulated Service shall be subject to such tariffs, or, if applicable, the SG, as amended. Customer must disclose to Cox if Customer intends to use the Regulated Services with payphone service. The tariffs and the SG contain cancellation or termination fees due in the event of cancellation or termination (including partial termination) of a Regulated Service prior to the Term selected on the Cover Page. Termination fees include, but are not limited to, nonrecurring charges, charges paid to third parties on behalf of Customer, and the monthly recurring charges for the balance of the Term. 2. E911 Services FOR IMPORTANT INFORMATION ABOUT COX'S 911 PRACTICES, PLEASE REVIEW THE INFORMATION ABOUT E911 SERVICE IN THE GENERAL TERMS AND ON THE WEBSITE http ://ww2.cox.com/business/voice/reyulatorv.coX. ONLY THE EMTA WILL HAVE BATTERY BACKUP PROVIDED BY COX. CUSTOMER IS RESPONSIBLE FOR BATTERY BACKUP FOR THE IAD, ESBC, ATA AND ALL CUSTOMER EQUIPMENT. IN THE EVENT OF A POWER OUTAGE, CUSTOMER'S TELEPHONE SERVICE USING AN EMTA WILL CONTINUE TO OPERATE AS USUAL FOR UP TO EIGHT HOURS WITH THE BACKUP BATTERY PROVIDED BY COX. THE DURATION OF SERVICE DURING A POWER OUTAGE USING AN IAD , ATA, AND ESBC WILL DEPEND ON CUSTOMER'S BATTERY BACKUP CHOICE. IF THE EMTA, ATA, ESBC OR IAD THAT SUPPLIES YOUR TELEPHONE SERVICE IS DISCONNECTED OR REMOVED AND/OR THE BATTERY IS NOT CHARGED OR IS DAMAGED, SERVICE, INCLUDING ACCESS TO 911 OR E911, WILL NOT BE AVAILABLE. COX SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY FAILURE TO RECEIVE SERVICE OR FOR THE FAILURE OF ANY 911 OR E911 CALL IF CUSTOMER REMOVES OR DISCONNECTS THE EMTA, ATA, ESBC OR IAD OR IF CUSTOMER FAILS TO CHARGE THE BATTERY FOR SAID DEVICES AT ANY TIME DURING THE TERM OF THIS AGREEMENT. COX USES YOUR TELEPHONE SERVICE ADDRESS TO IDENTIFY YOUR LOCATION FOR E911 SERVICE. IF THE EMTA, ATA ESBC AND/OR IAD INSTALLED IN YOUR BUSINESS IS MOVED, THE E911 DISPATCH MAY NOT RECEIVE YOUR CORRECT ADDRESS. PLEASE NOTIFY COX IF YOU WOULD LIKE TO MOVE OR RELOCATE YOUR TELEPHONE SERVICE. IT CAN TAKE UP TO 2 BUSINESS DAYS FOR YOUR NEW ADDRESS TO BE UPDATED. 3. Service Start Date and Term This Agreement shall be effective upon execution by Customer and "Acceptance" by Cox (as such term is defined on the Cover Page). The "Initial Term" shall begin upon installation of Service and shall continue for the applicable Term commitment set forth on the Cover Page. However, if Customer delays installation or is not ready to receive Services on the agreed -upon installation date, Cox may begin billing for Services on the date Services would have been installed. Cox shall use reasonable efforts to make the Services available by the requested service date. Cox shall not be liable for damages for delays in meeting service dates due to install delays or reasons beyond Cox's control. If Customer delays installation for more than ninety (90) days after Customer's execution of this Agreement, Cox reserves the right to terminate this Agreement by providing written notice to Customer and Customer shall be liable for Cox's reasonable costs incurred. AFTER THE INITIAL TERM, THIS AGREEMENT SHALL AUTOMATICALLY RENEW FOR ONE (1) YEAR TERMS (EACH AN "EXTENDED TERM") UNLESS A PARTY GIVES THE OTHER PARTY WRITTEN TERMINATION NOTICE AT LEAST THIRTY (30) DAYS PRIOR TO THE EXPIRATION OF THE INITIAL TERM OR THEN CURRENT EXTENDED TERM. "Term" shall mean the Initial Term and Extended Term (s), if any. Cox reserves the right to increase rates for all Services by no more than ten percent (10%) during any Extended Term by providing Customer with at least sixty (60) days written notice of such rate increase. This limitation on rate increases shall not apply to video Services or Services for which rates, terms and conditions are governed by a Cox tariff or SG. Upon notice to Customer, Cox may change the rates for video Services periodically during the Term. Cox may change the rates for telephone Service subject to a Cox tariff or SG periodically during the Term. For the avoidance of doubt, promotional rates and promotional discounts provided to Customer will expire at the end of the Initial Term or earlier as set forth in the promotion language. Customer's payment for Service after notice of a rate increase will be deemed to be Customer's acceptance of the new rate. 4. Termination Customer may terminate any Service before the end of the Term selected by Customer on the Cover Page; provided, however, if Customer terminates any such Service before the end of the Term (except for breach by Cox), unless otherwise expressly stated in the General Terms, Customer will be obligated to pay Cox a termination fee equal to the nonrecurring charges (if unpaid) and One Hundred Percent (100%) of the monthly recurring charges for the terminated Service(s) multiplied by the .number of full months remaining in the Term. This provision survives termination of the Agreement. If there is signal interference with any Cox Service(s), Cox may terminate this Agreement without liability if Cox cannot resolve the interference by using commercially reasonable efforts. fPEyment Customer shall pay Cox all monthly recurring charges ("MRCs") and all non -recurring charges ("NRCs"), if any, by the due date on the invoice. Any amount not received by the due date shown on the applicable invoice will be subject to interest or a late charge no greater than the maximum rate allowed by law. If Cox terminates this Agreement due to Customer's breach, or if Customer fails to pay any amounts when due and fails to cure such non-payment upon receipt of written notice of non-payment from Cox, Customer will be deemed to have terminated 1 Agreement and will be obligated to pay the termination fee described abo If applicable to the Service, Customer shall pay sales, use, gross receil and excise taxes, access fees and all other fees, universal service fund assessments, 911 fees, franchise fees, bypass or other local, State and Federal taxes or charges, and deposits, imposed on the use of the Services. Taxes will be separately stated on Customer's invoice. No interest will be paid on deposits unless required by law. 6. Service and Installation Cox shall provide Customer with the Services identified on the Cover Page and may provide related facilities and equipment, the ownership of which shall be retained by Cox (the "Cox Equipment"), or for certain Services, Customer, may purchase equipment from Cox ("Customer Purchased Equipment"). Customer Is responsible for damage to any Cox Equipment. Customer may use the Services for any lawful purpose, provided that such purpose: (i) does not interfere or impair the Cox network or Cox Equipment; (ii) complies with the AUP; and (iii) is in accordance with the terms and conditions of this Agreement. Customer shall use the Cox Equipment only for the purpose of receiving the Services. Customer shall use Customer Purchased Equipment in accordance with the terms of this Agreement and any related equipment purchase agreement. Unless provided otherwise herein, Cox shall use commercially reasonable efforts to maintain the Services in accordance with applicable performance standards. Cox network management needs may require Cox to modify upstream and downstream speeds. Use of the data, Internet, web conferencing/web hosting Services shall be subject to the AUP at http://ww2.cox.com/aboutus/policies/business-policies.cox, which is incorporated herein by reference. Cox may change the AUP from time to time during the Term. Customer's continued use of the Services following an AUP amendment shall constitute acceptance of the revised AUP. 7. E-Rate Customers If Customer is an educational institution; library or other entity that qualifies as an applicant seeking reimbursement under the Federal Universal Service Fund Schools and Libraries Program (collectively, "E-Rate Customers"), the E-Rate provisions of the General Terms will apply, in addition to all other terms and conditions of this Agreement. B. General Terms The General Terms are hereby incorporated into this Agreement by reference. Cox, in its sole discretion, may modify, supplement or remove any of the General Terms from time to time, without additional notice to Customer, and any such changes will be effective upon Cox publishing such changes on the website listed above. BY EXECUTING THIS AGREEMENT AND/OR USING OR PAYING FOR THE SERVICES, CUSTOMFQ ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BOUND BY THE GENERAL TERMS. 9. LIMITATION OF LIABILITY COX AND/OR ITS AGENTS SHALL NOT LIABLE FOR DAMAGES FOR FAILURE TO FURNISH OR INTERRUPTION OF ANY SERVICES, NOR SHALL COX OR ITS AGENTS BE RESPONSIBLE FOR FAILURE OR ERRORS IN SIGNAL TRANSMISSION, LOST DATA, FILES OR SOFTWARE DAMAGE REGARDLESS OF THE CAUSE. COX SHALL,NOT BE LIABLE FOR DAMAGE TO PROPERTY OR FOR INJURY TO ANY PERSON ARISING FROM THE INSTALLATION OR REMOVAL OF EQUIPMENT UNLESS CAUSED BY THE NEGLIGENCE OF COX. UNDER NO CIRCUMSTANCES WILL COX BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, ARISING FROM THIS AGREEMENT OR ITS PROVISION OF THE SERVICES. 10. WARRANTIES EXCEPT AS PROVIDED IN THIS AGREEMENT, THERE ARE NO OTHER AGREEMENTS, WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE SERVICES. SERVICES PROVIDED ARE A BEST EFFORTS SERVICE AND COX DOES NOT WARRANT THAT THE SERVICES, EQUIPMENT OR SOFTWARE SHALL BE ERROR -FREE OR WITHOUT INTERRUPTION. INTERNET AND WIFI SPEEDS WILL VARY. COX MAKES NO WARRANTY AS TO TRANSMISSION OR UPSTREAM OR DOWNSTREAM SPEEDS OF THE NETWORK. 11. Public Performance If Customer engages in a public performance of any copyrighted material contained in any of the Services, Customer, and not Cox, shall be responsible for obtaining any public performing licenses at Customer's expense. The Video Service that Cox provides under this Agreement does not include a public performance license. EXHIBIT F Department/Division Number of Drops Locations MIS 1 Basement Staff Lounge Community Services 1 MLK Conference Room Library 2 Magazine Reading Area Staff Lounge Finance 1 Finance Staff Lounge Police 6 Chief's Office Lobby Line-up Room Dispatch Admin Capt's Office Ops Capt's Office Senior Center 1 Common Area Mayor/Council 1 Mayor/Council Area Total 13 coy, Business' Cox Business TV Acomplete channel guide San Diego South Area Etiedrve Mori, 2014 Business TV Starter 4 4San Diego 5 KSWB-Fox 6 %ETV CW 7 KNSD-NBC 8 KFMB-CBS 9 KUSI 10 KCTV- ABC 11 KPBS-PBS 12 XEWT-Televisa Business TV Starter HD' 1004 4San Diego HD 1005 KSWB- Fox HD 1006 XETV- CW HD 13 XDTV-My TV 13. 15 Aateca America 16 ITV/Pa lomar College' 17 KBNT-Univision 20 XHAS-Telemundo' 21 C-SPAN' 22 The Weather Channel 23 Public Access/ California Channel• 24 Government Access• 25 QVC 26 WGN 27 HSN 95 Paid Programming' 96 ION TV' 112 TVGN• 114 UT -TV' 118 C-SPAN' 119 C-SPAN2• 120 C-5PAN3• 125 Paid Programming. 126 Wiae Buys' 129 KBEH• 135 UCSD• 196 Liquidation' 197 Cornerstone TV. 198 Leased Access. 405 Myx' 807 KFSD - Cori TV' 808 KFMB-Me-TV• 810 KGTV-NewsChannel 10• 811 KPBS-V Me' B13 KSWB-Antenna TV. 814 KSWB-ThisTV. 815 KGTV-Live-Well Network' 1007 KNSD - NBC HD 1008 KFMB- CBS HD 1009 KUSI HD 1010 KGTV-ABC HD 1011 KPBS - PBS HD 1017 KBNT- Univision HD 1022 The Weather Channel HD 1026 WGN HD 1136 KDTF- Unimas HD Business TV Expanded (Requires Business TV Starlet.) 2 USA 3 ESPN 19 ABC Family 28 ESPN2 29 Fox Sports West 30 MTV 31 CNN 32 HLN 33 085 34 TNT 35 Discovery Channel 36 TLC Business TV Expanded HD' 1002 USAHD 1003 ESPN HD 1019 ABC Family HD 1028 ESPN2 HD 1029 Fox Sports West HD 1030 MTV HD 1031 CNN HD 1032 HLN HD 1033 TBS HD 1034 TNT HD 1035 Discovery HD 1036 TLC HD 37 Fox News 38 Lifetime 39 MSNBC 40 BET 41 A&E 42 Bravo 43 EX 44 TruTV 45 Spike TV 46 VH1 47 Nickelodeon 48 Comedy Central 49 E, 50 Cartoon Network 51 Golf Channel 52 Disney Channel 53 HGTV 54 Animal Planet 55 History Channel 56 Fox Sports San Diego 57 AMC 58 Turner Classic Movies 59 TV Land 60 Travel Channel 61 CMT 62 Food Network 63 SyFy 64 Galavision 65 NBC Sports Network 66 CNBC 67 FoxSports1' 68 Fox Deportes San Diego' 69 Univision Depmtes• 70 National Geographic• 71 TWC SportsNet• 72 TWC Deportes' 73 Movie%ex' 74 Hallmark Channel. 75 Hallmark Movie Channel' 76 GSN• 77 FXK• 78 %HDTV-Munde Fox' 79 Fox Business• 94 ShopHQ• 1037 Fox News HD 1038 Lifetime HD 1039 MSNBC HD 1040 BET HD 1041 A&E HD 1042 Bravo HD 1043 FX HD 1044 1ruTV HD 1045 Spike TV HD 1046 CNBC HD 1047 VH1 HD 1040 Comedy Central HD 1049 E! HD 1050 Cartoon Network HD 1051 Golf Channel HD 1052 Disney Channel HD 1053 HGTV HD 1054 Animal Planet HD 1055 History Channel HD 1056 Fox Sports San Diego HD 1057 AMC HD 1058 Turner Classic Movies HD 1060 Travel Channel HD 1061 CMT HD 1062 Food Network HD 1063 Syr), HD 1064 Galavision HD 1065 NBC Sports Network HD 1066 CNBC HD 1067 Fox Spons1 HD 1069 Univision Deportes HD 1070 National Geographic HD 1071 TWCSportsNet HD 1074 Hallmark Channel HD 1075 Hallmark Movie Channel HD 1077 FXX HD 1079 Fox Business HD 1701 NBC Sports Extra Time 1' 1702 NBC Sports FxtraTime 2' 1703 NBC Sports FxtraTime 3' 1704 NBCSports Extra Time 4* 1705 NBC Sports Extra Time 5' 1706 N BC Sports Extra Time 6' 1707 NBC Sports Extra Time 7' 1732 Palladia HD 1735 Velocity HD 1785 Universal HD • • EXHIBIT G Business N channel lineup San Diego South Area Effective March 2014 Business Advanced TV - Musie Choice" (Requires BusinessTVStartcrmid Advanced TVequipment.) 901 Hit List 911 Gospel 902 Pop Rhythmic 912 Reggae 903 Dance, EDM 913 Rock 904 MCU 914 Metal 905 Hip -Hop and R&B 915 Altemative 906 Rap 916 Adult Alternative 907 Hip -Hop Classics 917 Rock Nits 908 ThrowbackJan¢ 918 Classic Rock 909 R&B Classics 919 Soft Rock 910 B&B Soul 920 Love Songs Business Advanced TV - Music Choice HD' 1901 Hlmst 1902 Pop Rhythmic 1903 Dance, EDM 1904 MCU 1905 Hip -Hop and R&B 1906 Rap 1907 Hip -Hop Classics 1908 ThrowbackJamz 1909 R&B Classics 1910 R&85oul 1911 1912 1913 1914 1915 1916 1917 1918 1919 1920 Gospel Reggae Rock Metal Alternative Adult Alternative Rock Hits Classic Rock SoftRock Love Songs 921 Pop Hits 922 Party Favorites 923 Teen MC 924 Kidz Only 925 ToddlerTunes 926 Y2K 927 90's 928 BO's 929 70's 930 Solid Gold Oldies 931 Pop Country 932 Today's Country 933 Country Hits 934 Classic Country 935 Contemporary Christian 936 Pop Latino 937 Musica Urbana 938 Mexicana 939 Tropicales 940 Romances 941 Sounds of The Seasons 942 Stage &Screen 943 Soundscapes 944 Smooth Jan 945 Jazz 946 Biues 947 Singers & Swing 948 Easy Listening 949 Classical Masterpieces 950 Light Classical 1921 Pop Hits 1922 Party Favorites 1923 Teen MC 1924 Kidz Only 1925 Toddler Tunes 1926 Y2K 1927 90's 1928 BO's 1929 70's 1930 Solid Gold Oldies 1931 Pop Country 1932 Today's Country 1933 Country Hits 1934 Classic Country 1935 Contemporary Christian 1936 Pop Latino 1937 Musica Urbana 1938 Mexicana 1939 Tropicales 1940 Romances 1941 So undsotThe Seasons 1942 Stage&Screen 1943 Sou ndsrapes 1944 Smooth Jazz 1945 Jazz 1946 Blues 1947 Singers&Swing 1948 Easy Listening 1949 Classical Masterpieces 1950 Light Classical Business Advanced TV - Faith & values Pak• tNo extra charge with Business TV Starter but requires Advanced TV equipment.) Business Advanced TV - BonusPak"(oego:resOusinessTVStarterandExpandeduprP,equtmssubsceptiortoSpornBlntoPak,VarietyPakcn ert',Pak 2and Advan;edTVet)Jlpmint) 101 Hub 102 Science Channel 103 Destination America 104 Investigation Discovery 106 OWN Business Advanced TV - Bonus Pak HD ` 1102 ScienceChannel HD 1103 DestinationAmezica HD 105 American Heroes Channel 1104 Investigation Discovery HD 109 Nick Jr. 330 MLB Network 1106 OWN HD 1330 MLB Network HD J Business Advanced TV - Sports & Info Pak`(r;eq 313 BIN 314 PAC-12 Network 315 Fox Sports 318 Bloomberg Television 319 Weathencan San Diego Business Advanced 1320 Tennis Channel HD 1321 CBS Sports Network HD 1322 ESPNU HD 320 Tennis Channel 321 CBS Sports Network 322 ESPNU 323 ESPNews 324 ESPN Classic TV - Sports & Info Pak HD 1330 1331 1332 MLB Network HD NBATV HD NFL Network HD BusinessTVTVrtcr,Eepandedbciandinduo-^sRonusPa)BFallh&VnIu rPeRequlicsAdeancedr4'egiiprnell) 325 ESPN Deportes 327 Discovery Fit &Health 328 HRTV 329 FAG 330 MLB Network 331 NBATV 332 NFL Network 333 NHL Network 360 FYI 361 H2 363 DIY 376 ESPN Goal Line/Buzzer Beater' 418 Fox Deparies 448 belN Sports 1333 NHL Network ND 1360 FYI HD 1448 belN Sports HD Business Advanced TV - Sports Pak 2"(Require. business TI SVrtai, Exploded tie' and i3CludesBonus Pal & V&I SValue; Pol. Requirc,ALva l[ed TVeedip m1nl 380 Universal Sports Network 381 World fishing Network 382 Outside TV Business Advanced TV 1380 Universal Sports Network HD 1381 World Fishing Network HD 383 384 385 Sportsman Channel MLB Network MLB StrikeZone - Sports Pak 2 HD 1382 Outside TV HD 1383 Sportsman Channel HD 3B6 NFL RedZone 387 NFL Network 388 Cox SportsTV 391 Fox College Sports Pack 392 Fox College Sports Central 393 Fox College Sports Atlantic 1384 MLB Network HD 1386 NFL RedZone HD 1385 MLBSirikeZone HD 1387 NFL Network HD EXHIBIT G Business N channel lineup San Diego South Area Effective March 2014 Business Advanced TV - Variety Pak' (Requires BusinessTV Starter, fKpanded tier and includes Bonus Pak and Fait 'n & Values Pak Requires Advanced TVequ)pment ) 335 mun2 336 Chiller 337 WEtu 338 oxygen 339 TV Dne 340 Centric 341 Logo 343 El Rey Network 344 Encore Family 345 BBCAmerica 347 DisneyXD 348 PBS Kids Sprout Business Advanced TV - Variety Pak HD 1337 WE TV HD 1345 BBC America HD 349 Nicktoons 350 Teen Nick 351 CMT Pure Country 352 Fuse 353 VH1 Soul 354 VH1 Classic 355 MTVJams 356 MN Hits 357 MTV2 358 MNU 359 MTVtr3s 362 Fusion 36B Esquire Network 370 Boomerang 371 Nat Geo Wild 373 Cooking Channel 374 GAC 900 MC PLAY 1347 Disney XD HD 1371 Nat GeoWild HD Business Advanced TV- Latino Pak" (Requires Business TV Starter, EKpanded tier and includes Bonus Val and Faith &Values Pa). Requires Advanced TVequipmen) ) 69 Univisian Deportes 343 El Rey Network 406 Fox Deportes San Diego 407 V-Me 408 Unimas 409 El Canal de las Esuellas 410 Cine Latino 411 De Pelicula 412 De Pellcula Clasico 413 Bandamax 414 Telehit 415 Tr3s 417 GoI TV 418 Fox Deportes 419 ESPN Deportes 420 CNN en Espanol Business Advanced TV - Latino Pak HD 1477 belN Sports HD en Espanol 421 Discovery en Espanol 422 Discovery Familia 425 mun2 426 History en Espanol 427 Ritmosan Latino 428 XHAS-Telemundo 429 EWTN Espanol 430 KBNT-Univisian 431 Galavision 432 K2SD-Azteca 433 XEWT-Televise 434 KBEH - CNN Latino 435 Cartoon Network 436 Boomerang 437 DisneyXD 438 Nnktoans 439 Baby TV 440 CBeeBies 441 Fox Life 442 Nat Geo Mundo 443 fine Sony 444 Cine Esteler 445 UnivisionllNovelas 447 belN Sports en Espanol Business Subscription Sports Packages & Pay -Per -View' (IToqu res Business Tv Starter and advanced TV equipment.) 334 NFL RedZone' 501-503 PPV Events' 601-606 ESPN Game Plan/ Full Court Packages' 611-616 ESPN PPV' 651-660 NBALeague Pass' M LS Direct Kick Packages' 671-684 NHL Center Ice/ SILO Extra Innings Packages' 1651-1659 Team HD" International Premiums (Pequires Business l v Starter and Advanced TV equipment 400 TVJapan 401 The Filipino Channel. 402 GMAPinoy 403 SBTN 404 CTIZhong Tian Channel 450 ArabRadio&Television Network HD Channels" (Requires a subscription to the corresponding core clone els Advanced TV HD ea, uipmentrequlredtotine these d;annalsinHD_) 1002 USA HD 1003 ESPN HD 1004 4San Diego HD 1005 KSWB-fox HD 1006 XETV-CW HD 1007 KNSD- NBC HD 1008 KFMB-CBS HD 1009 KU51 HD 1010 KG1V-ABCND 1011 KP85-PBS HD 1017 KBNT- Univision HD 1019 ABC Family HD 1022 The Weather Channel HD 1026 WGN HD 1028 E5PN2 HD 1029 Fox Sports West HD 1030 MTV HD 1031 CNN HD 1032 HEN HD 1033 TBS HD 1034 TNTHO 1035 Discovery HD 1036 TLC HD 1037 Fox News HO 1038 Lifetime HD 1039 MSNBC HD 1040 BET HD 1041 A&E HD 1042 Bravo HD 1043 FX HD 1044 TruTV HD 1045 Spike TV HD 1046 CNBC HD 1047 VH1 HD 1048 Comedy Central HD 1049 L1 HD 1050 Cartoon Network HD 1051 Golf Channel HD 1052 Disney Channel HD 1053 HGTV HD 1054 Animal Planer HD 1102 Science Channel HD 1055 History Channel HD 1103 Destination America HD 1056 Fox Sports San Diego HD 1104 Investigation Discovery HD 1057 AMCHD 1106 OWN HD 1058 Turner ClassicMovies HD 1136 KDTF- Unimas HD 1060 Travel Channel HD 1320 Tennis Channel HD 1061 CMT HD 1321 CBS Sports Network HD 1062 Food Network HD 1322 ESPNU HD 1063 SyF), HD 133D MLB Network HD 1064 Galavision HD 1331 NBATV HD 1065 NBC Sports Network HD 1332 NFL Network HD 1066 CNBC HD 1333 NHL Network HD 1067 Fox Sports HD 1337 WETV HD 1069 Univision Deportes HD 1345 BBC America HD 1070 National Geographk HD 1347 Disney XD HD 1071 TWC SportsNet HD 1360 FYI HD 1074 Hallmark Channel HD 1371 Nat Geo Wild HD 1075 Hallmark Movie Channel HD 1380 Universal Sports Network HD 1077 FXX HD 1381 World Fishing Network HD 1079 Fox Business HD 1382 Outside TVHD 1383 Sportsman Channel HD 1384 MLB Network HD 1385 MLB StrikeZone HD 1386 NELRedZone HD 1387 NFL Network HD 1447 belN SPORTS HD en Espanol 1448 beIN SPORTS HD 1701 NBC Sports Extra Time 1• 1702 NBC Sports Extra Time 2" 1703 NBC Sports Extra Time 3' 1704 NBC Sports Extra Time 4' 1705 NBC Sports Extra Time 5' 1706 NBC Sports Extra Time 6' 1707 NBCSports Extra Time 7' 1732 Palladia HD 1735 Velocity HD 1785 Universal HD 1901.1950 Music Choke HD channels J Contour HD Channels"4 (Requires asubscrlptimvothecorrespondmgtier):ofserviceandrequitesaContourreceiver) 1101 Hub HD 1313 (ITN HD 1314 PAC-12 Network HD 1315 Outdoor HD 1362 Cooking Channel HD 1363 DIY HD 1376 ESPN Goal Liner Boner Beater HD 1900 MC PLAY HD 'Digital or HD eha nnel included with service level noted; requires rental of digital receiver or CableCARD'", except IV sets with Clear -DAM digital tuner may receive local broadcast Channels without equipment rental. Some digital or HD video channel may be delivered via Switched Digital Videotechnology requiring en Advanced TV or other receiver with two-way capability, or device equipped with a Cox CableCARD and 5DVtuning adaptor o view those channels. +Contour. HD Channels if include with your service level, require rental of a Conlour receiver or CableCARD for a device capable at tuning the channels. •Nat available in all areas- 'Part-timelseasonal the noel. Ilyou wish to rem a CableCARD in lieu of a digital receiver, you must obtain th CableCARC from Cox- CableCARD is a registered trademark of CahleTelevision Laboratories, Inc. ICableLabs') and is used with permission. Installation lees, lakes, twnchise leesand other surcharges are additiona I. All channe Is and channel paks are subject to change. Other restrictions may apply_02014 CoxCom, LID. All rights reserved. CC7BS0214A RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT WITH COXCOM, INC., EXTENDING THE TERMS TO LEASE VIDEO AND DATA SERVICES FOR 60 MONTHS IN THE ANNUAL NOT TO EXCEED AMOUNT OF $48,840 WHEREAS, on June 3, 2008, the City Council adopted Resolution No. 2008-98, approving a 36-month Lease Agreement between the City of National City and CoxCom, Inc., to lease a 60MB Data Circuit in the annual amount of $43,200; and WHEREAS, on October 19, 2010, the City Council adopted Resolution No. 2010- 237, approving the First Amendment to the Lease Agreement to extend the term for a period of five years from Oct 19, 2010 to October 19, 2015, expand the scope of services, reduce the monthly service charge for the data circuit, and establishing a fee for the video service; and WHEREAS, the First Amendment also amended the Lease Agreement to bring the City into compliance with DIVCA requirements; and WHEREAS, the increased usage of public wireless at the National City Public Library, and other City facilities, has increased the demand for network bandwidth beyond the current 60MB circuit; and WHEREAS, the City and CoxCom, Inc., desire to amend the Lease Agreement for the annual not -to -exceed amount of $48,840 to increase the City's Internet circuit's bandwidth from 60MB to 100MB, add an additional 50MB Internet circuit solely for public computers and public wireless access, and extend the term of the Lease Agreement for 60 months. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute the Second Amendment to the Lease Agreement with CoxCom, Inc., for the annual not -to -exceed amount of $48,840 to increase the City's internet circuit's bandwidth from 60MB to 100MB, add an additional 50MB internet circuit solely for public computers and public wireless access, and extend the term of the Lease Agreement for 60 months. Said Second Amendment to the Lease Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2014 San Diego County Law Enforcement Foundation Grant in the amount $6,500.76, and authorizing an increase of the appropriation for the purchase of Ballistic Plates, Ballistic Plate Carriers, and Magazine Pouches. PREPARED BY: Christopher P. Cameon, Sergeant DEPARTMENT: PHONE: 619-336-4524 APPROVED EXPLANATION: The San Diego County Law Enforcement Foundation (SDCLEF) is a nonprofit 501 C (3) corporation composed of community members dedicated to providing financial support to law enforcement agencies in San Diego County. The financial support is distributed in the form of equipment grants, scholarships for continuing education, a Family Assistance Fund for families of officers killed in the line of duty, and other programs as deemed worthy by the SDCLEF. Each year, the SDCLEF establishes a budget for grants to be shared among all San Diego County law enforcement agencies. The propos6d budget for FY 2013 is approximately $30,000.00. On August 20, 2014, the SDCLEF Board of Directors awarded the National City Police Department a grant in the amount of $6,500.76 to purchase (6) Ballistic Armor Plate Carriers, (6) Pairs of Ballistic Armor Plates, and (6) Magazine Pouches. This is a reimbursable grant. The Active Shooter Plate Carriers will either be issued individually to officers or stored in the patrol vehicle for use in the event of a confrontation with a heavily armed/committed suspect. FINANCIAL STATEMENT: APPROVED: c' Finance ACCOUNT NO. 001-411-000-305-0000 (Expenditure) APPROVED: MIS The FY 2014 SDCLEF grant does not require a match or in -kind contribution; therefore, there is no impact to the general fund. ENVIRONMENTAL REVIEW: Not applicable; ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council adopt the resolution! BOARD / COMMISSION RECOMMENDATION: Not applicable' ATTACHMENTS: San Diego County Law Enforcement Foundation Award Letter Officers & Directors Geniene Logsdon Presider,' Kelly Senados Vice president Mike Turley* Treasurer Skip Murphy Executive Director Bob Davenport Jack Leer Gary Paul Dennis Pekin 3ary Stephens* Gary Cropp Roy Cosan Cal Turley • Ed Musgrove Liaison San Diego Shedns Department ' Denotes Pest President SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION Post Office Box 81087 San Diego, CA 92138-1087 (619) 482-9544 www.SDCLEF.com August 20, 2014 Manuel Rodriguez, Chief National City Police Dept. 1200 National City Blvd. National City, CA 91950 Dear Chief, CHIEF'S OFFICE AUG 2 2 2014 VED HATIONAI Cm POLICE DEPARTMENT It is my pleasure to inform you that San Diego County Law Enforcement Foundation's Board of Directors has approved the following grant to your department: 6 — Ballistic Armor Plates Carriers 6 — Pairs of Ballistic Armor Plate for Carriers 6 — M4/M16 magazine pouches $ 483.96 $5820.60 $ 196.20 TOTAL $6500.76 Requests for funding should be directed to Mike Turley, Treasurer, San Diego County Law Enforcement Foundation, Post Office Box 81087, San Diego, CA 92138-1087. Please include the invoice for these items. Please send us a copy of any publication in which you make an announcement of this grant for our files. If you have any questions, please call me at 760 755-7275 or email me at ctarv- steohens(cox.net.. Best l36gards, Gary St 'phens Chairman Grant Committee Committee Members: Skip Murphy, Jack Leer RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF THE FY 2014 SAN DIEGO COUNTY LAW ENFORCEMENT FOUNDATION GRANT FUNDS IN THE AMOUNT OF $6,500.76 FOR THE PURCHASE OF BALLISTIC ARMOR PLATES, BALLISTIC ARMOR PLATE CARRIERS, AND MAGAZINE POUCHES, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE BUDGET WHEREAS, the San Diego County Law Enforcement (SDCLEF) is a nonprofit 501(C)(3) corporation composed of community members dedicated to providing financial support to law enforcement agencies in the County; and WHEREAS, on August 20, 2014, the SDCLEF Board awarded the National City Police Department reimbursable grant funds in the amount of $6,500.76 to purchase six ballistic armor plates, six ballistic armor plate carriers, and six magazine pouches. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the acceptance of the FY 2014 San Diego County Law Enforcement reimbursable grant funds in the amount of $6,500.76 for the purchase of six ballistic armor plates, six ballistic armor plate carriers, and six magazine pouches. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations in the amount of $6,500.76 and a corresponding revenue budget. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of pedestrian crossing enhancements at the intersection of National City Boulevard and East 20th Street (TSC Item No. 2014-11) PREPARED BY: Kenneth Fernandez, P.E. DEPARTMENT: PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached. eering - rid Public Works FINANCIAL STATEMENT: APPROVED: `7`.� K.%"'` Finance ACCOUNT NO. APPROVED: MIS The proposed enhancements are valued at approximately $2,500 in materials, labor, and equipment. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution to install pedestrian crossing enhancements at the intersection of National City Boulevard and East 26th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install pedestrian crossing enhancements at the intersection of National City Boulevard and East 26th Street. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on September 17, 2014 (TSC 2014-11) 3. Resolution EXPLANATION Ms. Jennifer Ball, Board President of the National City Mile of Cars, has requested pedestrian crossing enhancements at the intersection of National City Boulevard and East 20th Street. According to Ms. Ball, customers and employees consistently cross National City Boulevard in order to conduct business between the Mitsubishi, Kia, and Acura dealerships located at 1935, 1940, and 2001 National City Boulevard, respectively. This intersection is uncontrolled for National City Boulevard and stop -controlled for E. 20th Street. National City Boulevard is a 4-lane arterial street with a posted speed limit of 35 MPH. Based on review of existing conditions, a striped crosswalk is not recommended at this time, since a refuge island or overhead pedestrian -actuated flashing beacons, for example, cannot be provided due to funding constraints. Furthermore, these types of improvements would require vehicular access restrictions onto E. 20th Street and/or commercial driveways. Recommendations for other immediate, cost-effective enhancements were investigated. Based upon review of existing conditions and due to an increase in pedestrian traffic across National City Boulevard, staff researched a number of pedestrian crossing enhancements for the intersection of National City Boulevard and E. 20th Street. At their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install the following enhancements: 1) Install fluorescent yellow -green pedestrian crossing signs on the north side of National City Boulevard at the intersection to reinforce the pedestrian right of way. This recommendation is valued at approximately $400 in materials, labor, and equipment. 2) Install pedestrian barricades on the south side of National City Boulevard at the intersection to consolidate east -west pedestrian movements to the north side of the intersection to reduce the number of vehicular pedestrian conflict points. This recommendation is valued at approximately $1,000 in materials, labor, and equipment. 3) Install advanced warning signs with "PED XING" pavement markings on National City Boulevard for both approaches, in advance of the intersection. This recommendation is valued at approximately $700 in materials, labor, and equipment. 4) Install "No Left Turn" (R3-2) signage on the northerly median nose facing vehicles egressing from the Ball Kia dealership. This recommendation is valued at approximately $200 in materials, labor, and equipment. In summary, said recommendations are valued at approximately $2,500 in combined materials, labor, and equipment [$2,300 + 10% (or $200 contingency)]. If approved by City Council, all work will be performed by City Public Works. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 17, 2014 ITEM TITLE: RE9UEST FOR INSTALLATION OF PEDESTRIAN CROSSING ENHANCEMENTS AT THE INTERSECTION OF NATIONAL CITY BOULEVARD AND EAST 20th STREET TO FACILITATE ACCESS ACROSS NATIONAL CITY BOULEVARD (BY: J. BALL) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Jennifer Ball, Board President of the National City Mile of Cars, has requested pedestrian crossing enhancements at the intersection of National City Boulevard and East 20th Street. According to Ms. Ball, customers and employees consistently cross National City Boulevard in order to conduct business between the Mitsubishi, Kia, and Acura dealerships located at 1935, 1940, and 2001 National City Boulevard, respectively. This intersection is uncontrolled for National City Boulevard and stop -controlled for E. 20th Street. National City Boulevard is a 4-lane arterial street with a posted speed limit of 35 MPH. Based on review of existing conditions, a striped crosswalk is not recommended at this time, since a refuge island or overhead pedestrian -actuated flashing beacons, for example, cannot be provided due to funding constraints. Recommendations for other immediate, cost-effective enhancements are summarized below. STAFF RECOMMENDATION: Based upon review of existing conditions and due to an increase in pedestrian traffic across National City Boulevard, staff Is recommending the following pedestrian -crossing enhancements for the intersection of National City Boulevard and E. 20th Street 1) instaii fluorescent yellow -green pedestrian crossing signs on the north side of National City Boulevard at the intersection. 2) Install pedestrian barricades on the south side of National City Boulevard at the intersection to consolidate east -west pedestrian movements to the north side of the intersection. 3) install advanced waming signs with 'PED XING' pavement markings on National City Boulevard for both approaches, in advance of the intersection. -1- 4) Install "No Left Turn' (R3-2) signage on the northerly median facing vehicles egressing from the Kia dealership. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 2014-11 -2- Kenneth Fernandez From: Leslie Deese Sent Monday, June 23, 2014 2:02 PM To: Kuna Muthusamy Cc: Brad Raulston; Stephen Manganiello Subject: Request for Crosswalk by MOC Hi Kuna, i received a call from Jennifer Ball (cell: 619/992-2585) requesting the City install a crossing across National City Blvd at approximately 20th & NC Blvd (anywhere between Kia & Mitsubishi. Per Jennifer, Customers and employees consistently cross the street going from dealer to dealer and a crosswalk would be very helpful. Jennifer has seen them around town, both with and without the flashing lights. She is asking what the process is to request such an installation. City Council Policy #702 governs the installation of crosswalks. The policy is from 1987 and is one that Steve is in the process of updating. I recall this issue coming up before, but may have been a request for another location. Can you please follow up with Jennifer? Thank you, - leslie 1 -3- Location Map Northbound National City Blvd approaching E 20th St (looking north) Southbound National City Blvd approaching E 20th St (looking sou -5- Photo taken from Ball Kia Driveway (Egress position) onto National City Blvd E 20's St is directly ahead (looking east) Westbound E 20th St approaching National City Blvd (looking west) -6- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF PEDESTRIAN CROSSING ENHANCEMENTS AT THE INTERSECTION OF NATIONAL CITY BOULEVARD AND EAST 20TH STREET WHEREAS, the Board President of the National City Mile of Cars has requested pedestrian crossing enhancements at the intersection of National City Boulevard and East 20th Street due to customers and employees consistently crossing National City Boulevard in order to conduct business between the Mitsubishi, Kia, and Acura dealerships located at 1935, 1940, and 2001 National City Boulevard, respectively; and WHEREAS, based upon review of existing conditions, and due to an increase in pedestrian traffic across National City Boulevard, staff researched a number of pedestrian crossing enhancements for the intersection of National City Boulevard and East 20th Street, and recommend the following: 1. Install fluorescent yellow -green pedestrian crossing signs on the north side of National City Boulevard at the intersection to reinforce the pedestrian right of way. This recommendation is valued at approximately $400 in materials, labor, and equipment. 2. Install pedestrian barricades on the south side of National City Boulevard at the intersection to consolidate east -west pedestrian movements to the north side of the intersection to reduce the number of vehicular pedestrian conflict points. This recommendation is valued at approximately $1,000 in materials, labor, and equipment. 3. Install advanced warning signs with "PED XING" pavement markings on National City Boulevard for both approaches, in advance of the intersection. This recommendation is valued at approximately $700 in materials, labor, and equipment. 4. Install "No Left Turn" (R3-2) signage on the northerly median nose facing vehicles egressing from the Ball Kia dealership. This recommendation is valued at approximately $200 in materials, labor, and equipment; and WHEREAS, at their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the pedestrian crossing enhancements for the ntersection of National City Boulevard and East 20th Street as stated above. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 8 TEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of 419 West 19th Street (TSC 2014-12) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 419 West 19th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 419 West 19th Street. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on September 17, 2014 (TSC 2014-12) 3. Resolution EXPLANATION Ms. Elvia Cerda, the daughter and legal caretaker of Ms. Marie Roybal, resident of 419 W. 19th Street, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the north side of W. 19th Street midblock between Wilson Avenue and Harding Avenue, just south of St. Anthony of Padua Catholic Church. Ms. Roybal possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. At their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 419 West 19th Street. If approved by City Council, all work will be performed by City Public Works. 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 17, 2014 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 419 WEST 19th STREET (BY E. CERDA ON BEHALF OF M. ROYBAL) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Elvia Cerda, the daughter and legal caretaker of Ms. Marie Roybal, resident of 419 W. 19"' Street, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the north side of W. 19ui Street midblock between Wilson Avenue and Harding Avenue, just south of St. Anthony of Padua Catholic Church. Ms. Roybal possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. There are currently 15 diagonal standard parking stalls on the north side of W 19'" Street. Currently, there are two diagonal blue curb handicap parking spaces located on Harding Avenue just south of W. 18t Street next to St. Anthony of Padua Catholic Church. There are also existing handicap parking spaces located to the northwest in front of 1812 and 1838 Wilson Avenue. Per the City Council Disabled Persons Parking Policy, the total number of on -street handicap parking spaces (including the proposed handicap parking space in front of 419 W 19th Street) does not exceed 3% of the total number of available on -street parking spaces in the general area. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council 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. -1- Based on the site evaluation. staff has determined that accessible parkin is not available on the property. Per the City Council Disabled Persons Parking Policy, Ms. Roybal's request is eligible for further consideration. It shall .be noted 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. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 419 W. 19th Street. One existing standard parking stall shall be converted to a van -accessible parking stall. This will result in the loss of an adjacent standard parking stall in order to comply with ADA spacing requirements due to the proposed conversion. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2014-12 -2- itn ieryhAki 4i/9 west 0/y637; 774'0 z etiy, eA, Atm- - (61?) -3- TYPE: NI TV: 92 DOB: 10/05/1921 ISSUED TO DEPARTMENT OF MOTOR VEHICLES PLACARD NUMBER: J074879 DISABLED PERSON EXPIRES: 06/90/2016 • r PLACARD IDENTIFICATION DATE ISSUED: 03/21/2013 CARD/RECEIPT This identification card or facsimile copy is to be caroled by the placard owner. Present ft to any peace officer upon demand. immediately notify DMV by mall of any change of address. When parking, hang the placard from the rear view mirror, remove it from the mirror when driving. When your placard is properly displayed, CO: 37 you may park In or on: Disabled person parking spaces (blue zones) * Street metered zones without paying. ` Green zones without restrictions to time limits. • Streets where preferential parking privileges are given to ROYBAL CURIE residents and merchants. 419 W 19TH ST You may not path In or on: ' Red, Ye low, White or Tow Away Zones. NATIONAL CITY CA 91950 ° Crosshatch marked spaces next to disabled person parkleg,ltpaces. • Purchase of fuel (Business & Professions Code 13680): • State sabfed prequires osr on ssvehicllee attsself serylc uratee except self-service facilities with only one cashier. It Is considered misuse to: "DIsplilyapiaoerd unless the disabled owner la being ..tranaporthd. • Display a placard which has been cancelled or revoked. ▪ Loah your placard to anyone, Including family members. result Ind cancellation aorrevoecation o4 f61V e d,a loss of parking privileges, and/or fines. arrow k Qu -4- JJ flies :seleJ v:.4N s-lfa `ta:ep-N©A E! aa1.+saSVail rbal me Oleij SCiiG L apa.3 au ol8511l0+d 4 =,,sau+,stV1/ 14114 Y S i.)fDdlld fus.lrld 414.oppwal 8irePLo f QUi} W11WItt1W R MI i112f41.311I4?. 11"t! • yo WWW ,4y :ONMI Location Map Location of Proposed Blue Curb and Signage for 419 West 19th Street (looking north) Location of Proposed Blue Curb and Signage at existing diagonal parking stalls near 419 West 196 Street (looking northwest) -7- 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. Govemment buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office building® 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. -s- 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned; leased or controlled off-street parting facilities as specified in the General Requirements. General Reoniremeats Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardshin Cases It is not the intention of the City to provide personal reserved parking on the public right-jof-way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons» or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. -9- (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p -10- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 419 WEST 19TH STREET WHEREAS, a resident of 419 West 19" Street, who possesses a valid disabled person placard from the California Department of Motor Vehicles due to physical limitations, has requested a blue curb handicap parking space in front of the residence on the north side of West 19" Street, midblock between Wilson Avenue and Harding Avenue, just south of Saint Anthony of Padua Catholic Church; and WHEREAS, an on -site inspection verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger; and WHEREAS, at their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 419 West 19th Street. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb handicap parking space with signage in front of the residence at419 West 19th Street. PASSED and ADOPTED this 7t' day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 9 TEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of 1835 "I" Avenue (TSC 2014-13) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 1825 "I" Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 1825 "I" Avenue. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on September 17, 2014 (TSC 2014-13) 3. Resolution EXPLANATION Ms. Amelia Rivera, resident of 1825 "I" Avenue, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the east side of "I" Avenue midblock between E. 18th Street and E. 20th Street. Ms. Rivera possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. At their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 1825 "I" Avenue. If approved by City Council, all work will be performed by City Public Works. 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR SEPTEMBER 17, 2014 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 1825 "I" AVENUE (BY A. RIVERA) PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Amelia Rivera, resident of 1825 "I" Avenue, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the east side of "I" Avenue midblock between E. 18th Street and E. 20th Street. Ms. Rivera possesses a valid disabled person placard from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. The length of her driveway is 17.5 feet. The curb length immediately in front of her residence between adjacent driveway aprons is 27 feet. Currently, there are no on -street handicap parking spaces provided nearby Ms. Rivera's residence. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council 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 _ff 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. Based on the site evaluation, staff has determined that accessible parkins is not available on the property. As a result, per the City Council Disabled Persons Parking Policy, Ms. Rivera's request is eligible for further consideration. -1- It shall be noted 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. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 1825 "I" Avenue. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2014-13 -2- EkG DEPT. ifelvive4 feriwycle-z, PltEPp t 32 PaI;V, 4 Ary 4,74,...ey/A7 00/iiisloh ;21 Re7ves7vi a ply 11,0v.54.,.. V/1/ JOE- 5c)rre•rt/4/ Miletniber 92.bi (4/0106- he frWe---5 dr, a.. porsom-14.4-7- /1 he. &x.izf ApE_ t/, *00.4is *15 e- Lip My delue. ro.p/4 Ate_ e3-/ic y COY S TTj -Very_ 6vsy .; -5 /.5 n-lwAy.51-frIrew ee4i-y -,410/rect'o're. ti do /311 -t-kis -710( me, 747 /Ivo mAkii'vj ir more_ Arme •firre,c Su rferir, -71,01( iov 60 in,e,.4e -11414(e55,. ,T ve_ k-riow4-/ ai 9/950 7 7 Ts- 6 OCI 43.1 55 )40V Nr4g4e;fig -3- DEPARTMENT OF MOTOR VEHICLES PLACARD NUMBER: J062942 "_. DISABLED PERSON EXPIRES: 06/30/2015 PLACARD IDENTIFICATION CARDIRECEdPT DATE ISSUED: 03/2112013 04 A Pubiic Sei vice Agency This Identification card or facsimile copy Is to be carried by the placard owner: Present it to any peace officer upon demand. Immediately notify DMV by malt of any change of address. When parking, hang the placard from the rear view mirror, remove It from the mirror when driving. When your placard is pods+ displayed, you may In or on: ' Disabled person parking spaces (blue zones) " Street metered zones without paying. ▪ Green zones without restrictions to time limits. * Streets where preferential parking privileges are given to residents and merchants. 1825 I AVE : •� i ;'':. , You may not park In or on: r.` *' e s s' Rid; Ybilaw, White or Tow Away Zones. • NATIONAL CITY CA 91950 ` C bh marked spaces next to disabled person �•' a` �c.. �• It Is considered misuse to: "I' •' '- 44114gailliiifeeard unless the disabled owner Is being t. y Purchase of fuel• •. Dlsptay a.placard which has been cancelled or revoked. (Business A Professions Coda 13660)e t LootO your placard to anyone, Including family members. State law requires service stations to refuel a :' `•.': Mj4usd Is a misdemeanor (section 4461VC) and can • disabled person's vehicle at self-service rates v' +esUk In cancellation or revocation of the placard, loss except self-service facilities with only one cashier. of parking privileges, and/or flnes. TYPE: N1 TV:92 DOB: 03/13/1950 ISSUED TO RIVERA AMELIA CO: 37 sw awao a.dw1 -4- Location Map Location of Proposed Blue Curb and Signage at 1825 "1" Avenue (looking northeast) Driveway of 1825 "1" Avenue (looking east) -6- DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3. Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swimming pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. 9. Other places of assembly such as schools and churches. 10. Commercial and/or office 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. -7- 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Reauirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right -jot -way, especially in residential areas. However, exceptions may be made, in special hardship cases, provided al of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. -8- (3) Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking. NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. Jha:p -9- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE PROPERTY LOCATED AT 1835 "I" AVENUE WHEREAS, the resident of 1825 "I" Avenue, who possesses a valid disabled person placard from the California Department of Motor Vehicles due to physical limitations, has requested a blue curb handicap parking space in front of the residence located on the east side of "I" Avenue, midblock between East 18th Street and East 20th Street; and WHEREAS, an on -site inspection verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger; and WHEREAS, at their meeting on September 17, 2014, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 1825 "I" Avenue. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of a blue curb handicap parking space with signage in front of the residence at 1825 "I" Avenue. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 10 TEM TITLE: Resolution of the City Council of the City of National City requesting a Cooperative Work Agreement (CWA) with the State of California Department of Transportation (Caltrans) to extend the budget authority for the 8th Street Safe Routes to School Project, State Project No. SR2SL-5066(019), from the June 30, 2015 expiration date to June 30, 2016 to allow for reimbursement of eligible project expenditures, and authorizing the Mayor to sign the CWA Request Form PREPARED BY: Stephen Manganiello. DEPARTMENT: (=ngineeringr& Public Works PHONE: 619-336-4382 APPROVED BY: )%j EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Cooperative Work Agreement Request Form 3. Resolution EXPLANATION In October 2010, National City was awarded a $450,000 Safe Routes to School (SR2S) Grant for 8th Street between "D" Avenue and Highland Avenue. This project was combined with a $2 million SANDAG Smart Growth Incentive Program Grant and other funding sources to provide traffic calming, pedestrian and bicycle safety enhancements on 8th Street between the Trolley Station and Highland Avenue. The project is currently in construction. On September 22, 2014, staff was notified that SR2S Grant funding for the project would expire on June 30, 2015 unless City Council approves a request for a Cooperative Work Agreement (CWA) with Caltrans by October 24, 2014. Based on the expanded project scope, additional time is needed to complete construction. Therefore, staff recommends approving the CWA request and authorizing the Mayor to sign the CWA Request Form. 2 3 5 6 Ditrrlrt q enc Work Parlormedand C y Locoiio7 Fndernl Projectp Project Cude Pha;e Cord National City Reduce from 4te 2lanes with protected leRdum pockets, tandrape bland+, comer bulbouta at Central E5, E Huh 5t between D Ave and Highland Ave- 5R251-5066(019) 1100020474 7 2009-10 District 11 Projects Lapsing on June 30, 2015 6 Fund Encurnbranc Dcsc iptien cAmount State Lump Sum -0042 $ 450,000 9 10 nrbursnd MIL quidate Balance $ $ 450,000 11 IUF Lapse Dale NIA 12 Requesting CWA (Yes/No)? Yes 14 Du!aY C'nde p'"<nn/n-Dcl;,y 9 Protect was combined with a larger coMdor improvement project along 9th Street to provide additional safety enhancements for pedestrians, bicyclists and children walking to school. Project Is In construction. Based on expanded project scope, additional time is needed to complete construction. 13 16 Ob''arms to rot nr0 Consoqucnces II CONK Completion approved If 17 1a Date fun ding will be Coruart Nnm0. li quirlarod if Rmnbo, and (WA E moil purovod None. Funding Liquidation Date provides buffer for unforseen conditions during construction. City does not have additional funds to complete project if CWA Is not approved. Since project is currently In construction, leaving an Incomplete project would present safety concerns to drivers, pedestrians and bicyclists. 6/30/2016 Stephen Menganiello 619-336-4380 smanganlelloe nationalcltyca.gov Note: Encumbrances will l pse based on the eedler date of the CrC Dead ine (Timely Use of Funds) or R version Date Encumbrances cannot reeewe an exten Ion after lune 30, 2017, and funds will lapse at that point. To learn more about CTC time extensions please reference Section 66 of the STIP Guidelines: http://www. etc.ca.gov/programs/STIP/2014_STIP/2014_571p Guldelines_adopted 0R13.pdf Signature of Approving Agencl Print Name: Ron Monison, Mayor Date: 10/7/2014 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A REQUEST FORM FOR A COOPERATIVE WORK AGREEMENT FROM THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (SANDAG) TO EXTEND THE BUDGET AUTHORITY FOR THE 8T" STREET SAFE ROUTES TO SCHOOL PROJECT, STATE PROJECT NO. SR2SL-5066(019), FROM THE JUNE 30, 2015 EXPIRATION DATE TO JUNE 30, 2016 TO ALLOW FOR REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES WHEREAS, in October 2010, the City of National City was awarded a $450,000 Safe Routes to School ("SR2S") Grant for 8th Street between "D" Avenue and Highland Avenue; and WHEREAS, this project was combined with a $2 Million SANDAG Smart Growth Incentive Program Grant and other funding sources to provide traffic calming and pedestrian and bicycle safety enhancements on 8th Street between the Trolley Station and Highland Avenue, which is currently in construction; and WHEREAS, on September 22, 2014, staff was notified that SR2S Grant funding for the project would expire on June 30, 2015, unless City Council approves a request for a Cooperative Work Agreement ("CWA") with Caltrans by October 24, 2014; and WHEREAS, based on the expanded project scope, additional time is needed to complete construction. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Request Form for a Cooperative Work Agreement from the State of California Department of Transportation (SANDAG) to extend the budget authority for the 8th Street Safe Routes to School Project, State Project No. sr2sl-5066(019), from the June 30, 2015 expiration date to June 30, 2016 to allow for reimbursement of eligible project expenditures. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute Proposition 84 Storm Water Grant Program Grant (SWGP) Agreement No. 14-450-550 between the State Water Resources Control Board and the City of National City for the Kimball Park Low -Impact Development and Paradise Creek Restoration Project in the amount of $1,876,153, and authorizing corresponding revenue and expenditure accounts PREPARED BY: Stephen Manganiello DEPARTMENT: ineeripg/Public Works PHONE: 336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Prop 84 SWGP (Kimball Park) - $1,876,153 (Fund 296) Grant Match - $700,000 (see attached Explanation) ENVIRONMENTAL REVIEW: CEQA/NEPA documentation will be prepared and certified prior to project construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Grant Agreement 3. Resolution Explanation On March 18, 2014, through Resolution No. 2014-34, City Council authorized staff to file a Proposition 84 Storm Water Grant Program (SWGP) application for the Kimball Park Low -Impact Development and Paradise Creek Restoration Project in the amount of $1,876,153 and committed to a local match of $700,000 for a total project cost of $2,576,153. The proposed project will construct multiple bioretention areas and expand wetlands habitats in and around Kimball Park to treat a highly urbanized drainage area of approximately 77 acres. The project will also restore approximately 1,050 linear feet of Paradise Creek through Kimball Park by removing the concrete channel, widening the creek and reintroducing native riparian vegetation. The project will implement Low -Impact Development (LID) to improve water quality from urban runoff and provide an opportunity for residents and guests to interact with a natural, tidally -influenced water body through the park. Educational signage will also be installed along the restored creek and expanded wetland areas within the park. In May 2014, staff was notified that the City of National City had been awarded a Proposition 84 SWGP in the amount of $1,876,153 for the Kimball Park Low - Impact Development and Paradise Creek Restoration Project. City Council Resolution authorizing the City Manager to execute a grant agreement between the State Water Resources Control Board and the City of National City is required to allow for the use of grant funds. The local match for preparation of environmental documents, design, engineering and public outreach in the amount of $139,617 is available through other previously approved Capital Improvement Program (CIP) projects related to Kimball Park and adjacent roadway improvement projects. Staff projects management/administration in the amount of $30,383 will be funded in -kind. Staff will return to City Council to request additional appropriation for the remaining $530,000 in matching funds for construction of the project as part of the FY 2016 CIP. Prior to returning to City Council for the additional $530,000 appropriation from the General Fund for FY 2016, staff will diligently search for other funding resources to use as a match. If resources for a match are not identified, and General Fund funds are not available, the $1,876,153 in grant funds must be returned to the State Water Resources Control Board and all costs incurred on the project prior to FY 2016, estimated at $300,000, will have to be repaid using funds from the General Fund. FOR STATE USE ONLY DGS REGISTRATION NO. PROPOSITION 84 STORMWATER GRANT PROGRAM GRANT AGREEMENT BETWEEN THE STATE WATER RESOURCES CONTROL BOARD, hereinafter called "State" or "State Water Board" AND CITY OF NATIONAL CITY, hereinafter called "Grantee" KIMBALL PARK LOW IMPACT DEVELOPMENT (LID) AND PARADISE CREEK RESTORATION, hereinafter called 'Project" AGREEMENT NO. 14-450-550 The State and Grantee hereby agree as follows: PRovisloN(s). The following provision(s) authorize the State Water Board to enter into this type of Grant Agreement: Pub. Resources Code, § 75050(m) (Prop. 84 Stormwater Contamination Reduction and Prevention) PURPOSE. The State shall provide a grant to and for the benefit of Grantee for the purpose of installing multiple bioretention areas and constructed wetlands in and around Kimball Park and restoring approximately one thousand fifty (1,050) linear feet (In. ft.) of Paradise Creek within the City of National City. GRANTAMouNT. The maximum amount payable under this Agreement shall not exceed $1,876,153. TERM OF AGREEMENT. The term of the Agreement shall begin on SEPTEMBER 1, 2014 and continue through final payment plus thirty-five (35) years unless otherwise terminated or amended as provided in the Agreement. HOWEVER, ALL WORK SHALL BE COMPLETED BY MARCH 31, 2017. ABSOLUTELY NO FUNDS MAY BE REQUESTED AFTER APRIL 30, 2017. PROJECT REPRESENTATIVES. The Project Representatives during the term of this Agreement will be: State Water Board Grantee: City of National City Name: Kelley List, Grant Manager Name: Stephen Manganiello, Project Director Address: 1001 I Street, 16`" Floor Address: 1243 National City Blvd. City, Zip: Sacramento, CA 95814 City, Zip: National City, CA 91950 Phone: (916) 319-9226 Phone: (619) 336-4382 Fax: (916) 341-5707 Fax: (619) 336-4397 e-mail: kellve.listewaterboards.ca.aov e-mail: smanoanielloenationalcitvca.aov Direct all inquiries to: State Water Board Grantee: City of National City Section: Division of Financial Assistance Section: Attention: Melissa Miller, Program Analyst Name: Kuna Muthusamy, Grant Contact Address: 1001 I Street, 17`" Floor Address: 1243 National City Blvd. City, Zip: Sacramento, CA 95814 City, Zip: National City, CA 91950 Phone: (916) 993-3872 Phone: (619) 336-4383 Fax: (916) 341-5296 Fax: (619) 336-4397 e-mail: melissa.miller@waterboards.ca.00v e-mail: kmuthusamy(nationalcitvca.00v Either party may change its Project Representative upon written notice to the other party. -1- City of National City State Water Board Grant Agreement No. 14-450-550 Page 2 of 21 STANDARD PROVISIONS. The following exhibits are attached and made a part of this Agreement by this reference: Exhibit A SCOPE OF WORK — WORK TO BE PERFORMED BY THE GRANTEE Exhibit B INVOICING, BUDGET DETAIL AND REPORTING PROVISIONS Exhibit C GENERAL TERMS. & CONDITIONS Exhibit D SPECIAL CONDITIONS GRANTEE REPRESENTATIONS. The Grantee accepts and agrees to comply with all terms, provisions, conditions, and commitments of this Agreement, including all incorporated documents, and to fulfill all assurances, declarations, representations, and commitments made by the Grantee in its application, accompanying documents, and communications filed in support of its request for grant funding. Grantee shall comply with and require its contractors and subcontractors to comply with all applicable laws, policies and regulations. IN WITNESS THEREOF, the parties have executed this Agreement on the dates set forth below. By: By: Grantee Signature Darrin Polhemus, Deputy Director State Water Resources Control Board, Division of Financial Assistance Lesslie Deese Grantee Typed/Printed Name Date City Manager Title October 7, 2014 Date Reviewed by: Office of Chief Counsel Date: -2- City of National City State Water Board Grant Agreement No. 14-450-550 Page 3 of 21 EXHIBIT A SCOPE OF WORK — WORK TO BE PERFORMED BY THE GRANTEE A. PLANS AND GENERAL COMPLIANCE REQUIREMENTS 1. In order for the State Water Board and Regional Water Quality Control Board (Regional Water Board) staff to verify work was adequately'performed or conducted, Global Positioning System (GPS) information for project site and monitoring locations must be identified for this Project. Submittal requirements for GPS data are available at: http://www.waterboards.ca.gov/water issues/programs/grants loans/grant info/docs/gps.pdf. 2. The Grantee shall prepare and submit a Monitoring and Reporting Plan (MRP) that does all of the following: 1) identifies the nonpoint source(s) of pollution to be prevented or reduced by the Project; 2) describes the baseline water quality or quality of the environment to be addressed; 3) describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results; and 4) describes the monitoring program, including, but not limited to, the methodology, frequency, and duration of monitoring. J The MRP shall be organized as follows, and may be submitted as separate documents or in one report. 2.1 Project Assessment and Evaluation Project Assessment and Evaluation Plan (PAEP) describes the manner in which the Project will be effective in preventing or reducing pollution and in demonstrating the desired environmental results. PAEP details the methods of measuring Project benefits and reporting them in accordance with a PAEP. Grantee shall not implement monitoring and performance assessment and/or evaluation actions prior to PAEP approval by the Grant Manager. Guidance for preparing the PAEP is available at http://www.waterboards.ca.gov/water issues/programs/grants loans/paep/index.shtml. 2.2 Monitoring Plan All projects that include water quality or environmental monitoring must prepare a Monitoring Plan (MP). At a minimum, all MPs must: 1) describe the baseline water quality or quality of the environment to be addressed; 2) identify the non -point source(s) of pollution to be prevented or reduced by the Project; and 3) provide GPS information for all sampling locations. The MP must include a description of the monitoring program and objectives, types of constituents to be monitored, methodology, the frequency and duration of monitoring, and the sampling location for the monitoring activities. Any costs related to monitoring data collected prior to and not supported by the approved MP will not be reimbursed. Changes to the MP must be submitted to the Grant Manager for review and a decision regarding approval prior to implementation. Guidance for preparing an MP is available at: http://www.waterboards.ca.gov/water issues/programs/grants loans/grant info/index.shtml#plans. 2.3 Quality Assurance and Project Plan If water quality monitoring is undertaken, the Grantee shall also prepare, maintain, and implement a Quality Assurance Project Plan (QAPP) in accordance with the State Water Board's Surface Water Ambient Monitoring Program's (SWAMP) QAPP and data reporting requirements, and the USEPA QAPP, EPA AQ/R5, 3/01. Water quality monitoring data includes physical, chemical, and biological monitoring of any surface water. The QAPP shall be submitted to the State Water Board's Quality Assurance Officer for review and a decision regarding approval. Any costs related to monitoring data collected prior to and not supported by the approved QAPP will not be reimbursed. Guidance for preparing the QAPP is available at: http:/1www.waterboards.ca.gov/water issues/programs/grants loans/grant infoliindex.shtml. -3- City of National City State Water Board Grant Agreement No. 14-450-550 Page 4 of 21 The Grantee shall upload a pdf version of the final approved document(s) to the Financial Assistance Application Submittal Tool (FAAST) system. 2.4 Data Management The Grantee shall upload all water quality data obtained through its implementation of the MP to the Califomia Environmental Data Exchange Network (CEDEN). The Grantee shall also provide a receipt of successful data submission, which is generated by CEDEN, to the Grant Manager prior to submitting a final invoice. Guidance for submitting data, including required minimum data elements and data formats, is available at htto://www.ceden.orq or the Regional Data Centers (RDCs) (Moss Landing Marine Lab, San Francisco Estuary Institute, Southern Califomia Coastal Water Research Project, or Central Valley RDC). Contact information for the RDCs is included in the CEDEN web link. 3. Activities supported by grant funds are projects under the Califomia Environmental Quality Act (CEQA) and must comply with CEQA requirements. Work on the Project cannot begin until the State Water Board has reviewed the CEQA documentation submitted by the Grantee and given environmental clearance. If the work is conducted on federal land, the Grantee must also comply with the National Environmental Policy Act (NEPA). Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. 4. If public agency approvals, entitlements, or permits are required, such approvals, entitlements or permits must be obtained and signed copies submitted to the Grant Manager before work begins. If the Project is carried out on lands not owned by the Grantee, the Grantee must obtain adequate rights of way for the useful life of the Project. 5. State Disclosure Requirements — Include the following disclosure statement in any document, written report, or brochure prepared in whole or in part pursuant to this Agreement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board. The contents of this document do not necessarily reflect the views and policies of the State Water Resources Control Board, nor does mention of trade names or commercial products constitute endorsement or recommendation for use." Signage shall be posted in a prominent location at Project site (if applicable) or at the Grantee's headquarters and shall include the State Water Board color logo (available from the Program Analyst): Water Boards and the following disclosure statement: "Funding for this project has been provided in full or in part through an agreement with the State Water Resources Control Board." 6. The Grantee shall also include in each of its contracts for work under this Agreement a provision that incorporates the requirements stated within this work item. -4- B. PROJECT -SPECIFIC REQUIREMENTS 1. Project Management 1.1 City of National City State Water Board Grant Agreement No. 14-450-550 Page 5 of 21 Provide all technical and administrative services as needed for Agreement completion; monitor, supervise, and review all work performed; and coordinate budgeting and scheduling to ensure the Agreement is completed within budget, on schedule, and in accordance with approved procedures, applicable laws, and regulations. 1.2 Notify the Grant Manager at least ten (10) working days in advance of upcoming meetings, workshops, and trainings. 1.3 Conduct pre-, during, and post -construction photo monitoring and submit to the Grant Manager. 1.4 Conduct periodic and final site visits with the Grant Manager. 2. Planning, Design, and Engineering 2.1 Prepare a technical report describing the site's current conditions including maps and a site survey and submit to the Grant Manager in an electronic format. 2.2 Complete the preliminary design plans and specifications for the installation of a minimum of six (6) bulb outs, five thousand, eight hundred (5,800) square feet (sq. ft.) of bioretention basins, twelve thousand (12,000) sq. ft. of constructed wetlands, and the restoration of one thousand fifty (1,050) linear feet (In. ft.) of Paradise Creek. Submit the preliminary designs to the Grant Manager in an electronic format for review and approval. 2.3 Complete the final design plans and specifications and prepare a summary identifying any changes from the preliminary plans in Item 2.2. Submit the plans and summary of changes to the Grant Manager for review and approval prior to preparing the bid documents in Item 2.4. 2.4 Complete the bid documents and advertise the Project for bid. Submit the awarded bid documents to the Grant Manager in an electronic format. 3. Construction and Implementation 3.1 Submit the construction Notice to Proceed to the Grant Manager in an electronic format. 3.2 Complete construction activities in accordance with approved plans and specifications. 3.3 Submit as -built drawings to the Grant Manager in an electronic format. 3.4 Prepare and submit an Operations and Maintenance Plan to the Grant Manager for review and approval. 4. Monitoring and Performance 4.1 Monitor in accordance with the MP and QAPP approved in Grant Agreement No. 12-439-550. 4.2 Analyze monitoring results, document implementation of monitoring in accordance with MP, and include a summary report of the monitoring results in the associated quarterly progress report to the Grant Manager. A summary of all monitoring and data analysis shall be included in the Final Project Report. -5- City of National City State Water Board Grant Agreement No. 14-450-550 Page 6 of 21 5. Education and Outreach 5.1 Install a minimum of three (3) educational and interpretive signs in the Project area. Signs will be provided in English, Spanish, and Tagalog. Submit photos of the signs in the associated quarterly progress report. 5.2 Create an educational area near the constructed wetland and creek restoration in accordance with the approved design plans. Install a minimum of five (5) benches and submit photo documentation of the area in the associated quarterly progress report. -6- City of National City State Water Board Grant Agreement No. 14-450-550 Page 7 of 21 TABLE OF ITEMS FOR REVIEW ITEM DESCRIPTION - CRITICAL DUE DATE ESTIMATED DUE DATE EXHIBIT A — SCOPE OF WORK — WORK TO BE PERFORMED BY THE GRANTEE A. PLANS AND GENERAL COMPLIANCE REQUIREMENTS 1. GPS information for Project site and monitoring locations Day 90 2. Monitoring and Reporting Plan 2.1 Project Assessment and Evaluation Plan (PAEP) Day 90 2.2 Monitoring Plan (MP) Complete 2.3 Quality Assurance Project Plan (QAPP) Complete 2.4 Proof of Water Quality Data Submission to CEDEN Before Final Invoice 3. Copy of Final CEQA/NEPA Documentation Day 30 4. Public Agency Approvals, Entitlements, or Permits As Needed B. PROJECT -SPECIFIC REQUIREMENTS 1. Project Management 1.2 Notification of Upcoming Meetings, Workshops, and Trainings Ongoing 1.3 Pre-, During, and Post -Construction Photos Ongoing 1.4 Periodic and Final Site Visits Ongoing 2. Planning, Design, and Engineering 2.1 Technical Report December 2014 2.2 Preliminary Designs February 2015 2.3 Final Design Plans and Summary of Changes June 2015 2.4 Awarded Bid Documents August 2015 3. Construction and Implementation 3.1 Notice to Proceed September 30, 2015 3.3 As -Built Drawings November 2016 3.4 Operations and Maintenance Plan November 2016 EXHIBIT B — INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS A. INVOICING Quarterly G. REPORTS 1. Progress Reports within forty-five (45) days following the end of the calendar quarter (March, June, September, and December) Quarterly -7- City of National City State Water Board Grant Agreement No. 14-450-550 Page 8 of 21 ITEM DESCRIPTION CRITICAL DUE DATE ESTIMATED DUE DATE EXHIBIT B — INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS 2. Annual Progress Summaries Annually by 9/30 3. Natural Resource Projects Inventory (NRPI) Survey Form Before Final Invoice 4. Draft Final Project Report December 31, 2016 5. Final Project Report February 28, 2017 6. Final Project Summary Before Final Invoice 7. Final Project Inspection and Certification Before Final Invoice -8- City of National City State Water Board Grant Agreement No. 14-450-550 Page 9 of 21 EXHIBIT B INVOICING, BUDGET DETAIL, AND REPORTING PROVISIONS A. INVOICING 1. Invoices shall be submitted using the invoice template provided by the State Water Board. The invoice must be itemized based on the line items specified in the Budget. The original invoice shall be submitted to the State Water Board's Grant Manager on a quarterly basis consistent with the reporting schedule in Section G.1 of this exhibit. The address for submittal is: Kelley List, Grant Manager State Water Resources Control Board 1001 I Street, 16th Floor Sacramento, CA 95814 2. Invoices submitted in any other format than the one provided by the State Water Board will cause an invoice to be disputed. In the event of an invoice dispute, the State Water Board's Grant Manager will notify the Grantee by initiating an "Invoice Dispute Notification" form. Payment will not be made until the dispute is resolved and a corrected invoice submitted. Failure to use the address exactly as provided above may result in return of the invoice to the Grantee. Payment shall be deemed complete upon deposit of the payment, properly addressed, postage prepaid, in the United States mail. The State Water Board Grant Manager has the responsibility for approving invoices. 3. Supporting documentation (e.g., receipts) must be submitted with each invoice to request reimbursement for grant funds as well as to support Match Funds invoiced. The amount claimed for the Personnel Services line item and Professional and Consultant Services line item must include a calculation formula (i.e., hours or days worked times the hourly or daily rate = total amount claimed). Invoice payment shall be made only after receipt of a complete, adequately supported, properly documented and accurately addressed invoice. 4. The Grantee shall not request disbursement for any cost until such cost has been incurred and has been paid by or is due and payable by the Grantee. Although it is agreed that actual payment of such cost by the Grantee is not required as a condition of the grant disbursement, all grant disbursements received by the Grantee shall be paid to contractors and vendors within thirty (30) days from receipt of the funds. In the event that the Grantee fails to disburse grant funds to contractors or vendors within thirty (30) days from receipt of the funds, the Grantee shall immediately return such funds to the State Water Board. Interest shall accrue on such funds from the date of disbursement through the date of mailing of funds to the State Water Board. If the Grantee held such funds in interest -bearing accounts, any interest earned on the funds shall also be due to the State Water Board. 5. Notwithstanding any other provision of this Agreement, no disbursement shall be required at any time or in any manner which is in violation of, or in conflict with, federal or state laws, rules, or regulations, or which may require any rebates to the Federal Government, or any loss of tax-free status on state bonds, pursuant to any Federal statute or regulation. 6. Notwithstanding any other provision of this Agreement, the Grantee agrees that the State Water Board may retain an amount equal to ten percent (10%) of the grant amount specified in this Agreement until completion of the Project to the reasonable satisfaction of the State Water Board. Any retained amounts due to the Grantee will be promptly disbursed to the Grantee, without interest, upon completion of the Project. 7. The invoice shall contain the following information: a. The date of the invoice; b. The time period covered by the invoice, i.e., the term "from" and "to"; c. The total amount due; and -9- City of National City State Water Board Grant Agreement No. 14-450-550 Page 10 of 21 d. Original signature and date (in ink) of Grantee or its authorized representative. e. Final invoice shall be clearly marked "FINAL INVOICE" and submitted NO LATER THAN APRIL 30, 2017. B. PROHIBITION OF INDIRECT COSTS The grant funds for this Agreement are the proceeds from the sale of general obligation bonds. As such, grant funds may not be used for any indirect costs. "Indirect Costs" means those costs that are incurred for a common or joint purpose benefiting more than one cost objective and are not readily assignable to the Project (i.e., costs that are not directly related to the Project). Examples of Indirect Costs include, but are not limited to: central service costs; general administration of the Grantee; non -project -specific accounting and personnel services performed within the Grantee organization; depreciation or use allowances on buildings and equipment; the costs of operating and maintaining non -project -specific facilities; tuition and conference fees; and, generic overhead or markup. Any invoice submitted including Indirect Costs will cause that invoice, in its entirety, to be disputed and will not be paid until the dispute is resolved. This prohibition applies to the Grantee and any subcontract or sub -agreement for work on the Project that will be reimbursed with grant funds pursuant to this Agreement. (Gov. Code, § 16727.) C. BUDGET CONTINGENCY CLAUSE The maximum amount to be encumbered under this Agreement for the 2014-15 fiscal year ending June 30, 2015 shall not exceed ONE MILLION, EIGHT HUNDRED SEVENTY-SIX THOUSAND, ONE HUNDRED FIFTY-THREE DOLLARS ($1,876,153). If the Budget Act of the current year and/or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall be of no force and effect. This provision shall be construed as a condition precedent to the obligation of the State Water Board to make any payments under this Agreement. In this event, the State shall have no liability to pay any funds whatsoever to Grantee or to furnish any other considerations under this Agreement and Grantee shall not be obligated to perform any provisions of this Agreement. Nothing in this Agreement shall be construed to provide the Grantee with a right of priority for payment over any other Grantee. If this Agreement's funding for any fiscal year is reduced or deleted by the Budget Act, by Executive Order, or by order of the Department of Finance, the State shall have the option to either cancel this Agreement with no liability occurring to the State, or offer an Agreement amendment to the Grantee to reflect the reduced amount. D. LINE ITEM BUDGET PROP 84 MATCH TOTAL Direct Project Administration Costs $ 0 $ 30,383 $ 30,383 Planning/Design/Engineering/Environmental $ 307,253 $ 137,900 $ 445,153 Equipment ($5,000 or more per item) $ 0 $ 0 $ 0 Construction/Implementation $ 1,479,000 $ 530,000 $ 2,009,000 Monitoring/Performance $ 62,500 $ 0 $ 62,500 Education/Outreach $ 27,400 $ 1,717 $ 29,117 TOTAL $ 1,876,153 $ 700,000 $ 2,576,153 -10- City of National City State Water Board Grant Agreement No. 14-450-550 Page 11 of 21 E. BUDGET LINE ITEM FLEXIBILITY 1. Line Item Adjustment(s). Subject to the prior review and approval of the Grant Manager, adjustments between existing line item(s) may be used to defray allowable direct costs up to fifteen percent (15%) of the total grant amount (excluding Match Funds), including any amendment(s) thereto. Line item adjustments in excess of fifteen percent (15%) shall require a formal Agreement amendment. If the Line Item Budget includes an amount for Personnel Services, that amount is based on the hours, classifications, and rates submitted by the Grantee in its application. Any changes to the hours, classifications, and rates must be approved, in advance and in writing, by the Grant Manager. 2. Procedure to Request an Adjustment. Grantee may submit a request for an adjustment in writing to the State Water Board. Such adjustment may not increase or decrease the total grant amount allocated per fiscal year. The Grantee shall submit a copy of the original Agreement Budget sheet reflecting the requested changes. Changes shall be noted by striking the original amount(s) followed with revised change(s) in bold and underlined. Budget adjustments deleting a budget line item or adding a new budget line item requires a formal amendment and are not permissible under this provision. The State Water Board may also propose adjustments to the budget. 3. Remaining Balance. In the event the Grantee does not submit invoices requesting all of the funds encumbered under this Grant Agreement, any remaining funds revert to the State. The State Water Board will mail a Notice of Project Completion letter to the Grantee stating that the project file is closed, the final invoice is being processed for payment, and any remaining balance will be disencumbered and unavailable for further use under the Grant Agreement. F. MATCH FUNDS 1. The Grantee agrees to provide match funds in the amount of SEVEN HUNDRED THOUSAND DOLLARS ($700,000) (Match Funds) for this Project. This Match Funds amount is based on Line Item Budget categories, funding sources, and amounts submitted by the Grantee in its application and during the negotiation of this Agreement. Any Match Funds line item changes or adjustments in Match Funds classifications or sources requested by Grantee must be approved, in advance and in writing, by the Grant Manager. 2. If, upon completion of the Project, the Grantee has provided match funds in an amount that is less than the Match Funds amount set forth in paragraph F.1 above, then the State Water Board may proportionately reduce the grant amount and/or Grantee's Match Funds amount, provided the reduced amount(s) satisfy statutory requirements and State Water Board Guidelines. G. REPORTS 1. PROGRESS REPORT. Grantee shall submit quarterly progress reports to the State Water Board's Grant Manager within forty-five (45) days following the end of the calendar quarter (March, June, September, and December). a. The progress reports shall provide a brief description of the work performed, accomplishments during the quarter, milestones achieved, monitoring results (if applicable), and any problems encountered in the performance of the work under this Agreement. Grantee shall document all contractor activities and expenditures in progress reports. b. The invoice should accompany the progress report. The invoice should reflect charges for the work completed during the reporting period covered by progress report. The invoice cannot be paid prior to submission of a progress report covering the invoice reporting period. 2. ANNUAL PROGRESS SUMMARIES. Prepare and provide an Annual Progress Summary annually by September 30. The summary must be no more than two (2) pages, and shall include pictures as appropriate. Upload an electronic copy of the Annual Progress Summary in pdf format to the FAAST system. The summary shall include the following: -11- City of National City State Water Board Grant Agreement No. 14-450-550 Page 12 of 21 a. A summary of the conditions the Project is meant to alleviate, the Project's objective, the scope of the Project, and a description of the approach used to achieve the Project's objective. b. A summary of the progress made to date, significant milestones achieved, and the current schedule of completing the Project. c. An evaluation of the effectiveness of the Project to date in preventing or reducing pollution and alleviating the Project's original conditions. 3. NATURAL RESOURCE PROJECTS INVENTORY (NRPI) SURVEY FORM. At the completion of this Project, the Grantee shall complete and submit electronically a NRPI Project Survey Form found at htto://www.ice.ucdavis.edu/nrpi. 4. DRAFT FINAL PROJECT REPORT. Prepare and submit to the Grant Manager, for review and comment, a Draft Final Project Report in a format provided by the Grant Manager 5. FINAL PROJECT REPORT. Prepare a Final Project Report that addresses, to the extent feasible, comments made by the Grant Manager on the Draft Final Project Report. Submit one (1) reproducible master and an electronic copy of the final. Upload an electronic copy of the final report in pdf format to the FAAST system. 6. FINAL PROJECT SUMMARY. Prepare a brief summary of the information contained in the Final Project Report, including before and after pictures, as appropriate. Upload an electronic copy of the Final Project Summary in pdf format to the FAAST system. 7. FINAL PROJECT INSPECTION AND CERTIFICATION. Upon completion of the Project, the Grantee shall provide for a final inspection and shall certify that the Project has been completed in accordance with this Agreement, any final plans and specifications submitted to the State Water Board, and any amendments or modifications thereto. If the Project involved the planning, investigation, evaluation, design, or other work requiring interpretation and proper application of engineering, or other professionals, the final inspection and certification shall be conducted by a California Registered Civil Engineer or other appropriate California registered professional. The results of the final inspection and certification shall be provided to the Grant Manager. 8. The Grantee agrees to expeditiously provide, during work on the Project and throughout the term of this Agreement, such reports, data, information, and certifications that may be reasonably required by the State Water Board. H. PAYMENT OF PROJECT COSTS The Grantee agrees that it will provide for payment of its full share of Project costs and that all costs connected with the Project will be paid by the Grantee on a timely basis. I. AUDIT DISALLOWANCES The Grantee agrees it shall retum any audit disallowances to the State Water Board. J. FRAUD AND MISUSE OF PUBLIC FUNDS All invoices submitted shall be accurate and signed under penalty of perjury. Any and all costs submitted pursuant to this Agreement shall only be for the tasks set forth herein. The Grantee shall not submit any invoice containing costs that are ineligible or have been reimbursed from other funding sources unless required and specifically noted as such (i.e., match costs). Any eligible costs for which the Grantee is seeking reimbursement shall not be reimbursed from any other source. Double or multiple billing for time, services, or any other eligible cost is illegal and constitutes fraud. Any suspected occurrences of fraud, forgery, embezzlement, theft, or any other misuse of public funds may result in suspension of disbursements of grant funds and/or termination of this Agreement requiring the repayment of all funds disbursed hereunder. Additionally, the Deputy Director of the Division of Financial Assistance may request an audit pursuant to -12- City of National City State Water Board Grant Agreement No. 14-450-550 Page 13 of 21 Exhibit C, paragraph 4 and refer the matter to the Attorney General's Office or the appropriate district attorney's office for criminal prosecution or the imposition of civil liability. (Civ. Code, §§ 1572-1573; Pen. Code, §§ 470, 489-490.) -13- City of National City State Water Board Grant Agreement No. 14-450-550 Page 14 of 21 EXHIBIT C GENERAL TERMS & CONDITIONS 1. AMENDMENT: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties and approved as required. No oral understanding or agreement not incorporated in the Agreement is binding on any of the parties. 2. APPROVAL: The Grantee will not proceed with any work on the Project until authorized in writing by the State Water Board. 3. ASSIGNMENT: This grant is not assignable by the Grantee, either in whole or in part, without the written consent of the State Water Board. 4. AUDIT: The Grantee agrees the State Water Board, the Bureau of State Audits, the Governor of. the State, the Internal Revenue Service, or any authorized representative of the foregoing shall have the right to review and to copy any records and supporting documentation pertaining to the performance of this Agreement. The Division of Financial Assistance (Division), at its option, may call for an audit of financial information relative to the Project, where the Deputy Director of the Division determines that an audit is desirable to assure program integrity or where such an audit becomes necessary because of federal requirements. Where such an audit is called for, the audit shall be performed by a certified public accountant independent of the Grantee and at the cost of the Grantee. The audit shall be in the form required by the Division. The Grantee agrees to maintain such records for a possible audit for a minimum of thirty-five (35) years after final payment, unless a longer period of records retention is stipulated. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any contract related to performance of this Agreement. (Gov. Code, § 8546.7; Pub. Contract Code, § 10115 et seq.) 5. BONDING: Where contractors are used, the Grantee shall not authorize construction to begin until each contractor has furnished a performance bond in favor of the Grantee in the following amounts: faithful performance (100%) of contract value; labor and materials (100%) of contract value. This requirement shall not apply to any contract for less than $25,000.00. (Civ. Code, § 3247 et seq.; Pub. Contract Code, § 9550.) 6. COMPLIANCE WITH LAW, REGULATIONS, ETC.: The Grantee agrees that it will, at all times, comply with and require its contractors and subcontractors to comply with all applicable federal and state laws, rules, guidelines, regulations, and requirements. Without limitation of the foregoing, the Grantee agrees that, to the extent applicable, the Grantee will comply with the provisions of the adopted environmental mitigation plan for the term of this Agreement, or the useful life of the Project, whichever is longer. 7. COMPUTER SOFTWARE: The Grantee certifies that it has appropriate systems and controls in place to ensure that state funds will not be used in the performance of this Agreement for the acquisition, operation or maintenance of computer software in violation of copyright laws. 8. CONFLICT OF INTEREST: The Grantee certifies that it is in compliance with applicable state and/or federal conflict of interest laws. 9. CONTINUOUS USE OF PROJECT; LEASE OR DISPOSAL OF PROJECT: The Grantee agrees that, except as provided in the Agreement, it will not abandon, substantially discontinue use of, lease, or dispose of the Project or any significant part or portion thereof during the useful life of the Project without prior written approval of the Deputy Director of the Division. Such approval may be conditioned as determined to be appropriate by the Deputy Director of the Division, including a condition requiring repayment of all grant funds or any portion of all remaining grant funds covered by this Agreement together with accrued interest and any penalty assessments which may be due. 10. DAMAGES FOR BREACH AFFECTING TAX EXEMPT STATUS: In the event that any breach of any of the provisions of this Agreement by the Grantee shall result in the loss of tax exempt status for any state bonds, or if such breach shall result in an obligation on the part of the State to reimburse the federal govemment by -14- City of National City State Water Board Grant Agreement No. 14-450-550 Page 15 of 21 reason of any arbitrage profits, the Grantee shall immediately reimburse the State in an amount equal to any damages paid by or loss incurred by the State due to such breach. 11. DATA MANAGEMENT: This Project includes appropriate data management activities so that Project data can be incorporated into appropriate statewide data systems. 12. DISPUTES: The Grantee shall continue with its responsibilities under this Agreement during any dispute. Any dispute arising under this Agreement which is not otherwise disposed of by agreement shall be decided by the Deputy Director of the Division, or his or her authorized representative. The decision shall be reduced to writing and a copy thereof fumished to the Grantee and to the State Water Board's Executive Director. The decision of the Division shall be final and conclusive unless, within thirty (30) calendar days after mailing of the Division decision to the Grantee, the Grantee mails or otherwise fumishes a written appeal of the decision to the State Water Board's Executive Director. The decision of the State Water Board's Executive Director shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith, or not supported by substantial evidence. In connection with any appeal under this clause, the Grantee shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Grantee shall continue to fulfill and comply with all the terms, provisions, commitments, and requirements of this Agreement. This clause does not preclude consideration of legal questions, provided that nothing herein shall be construed to make final the decision of the State Water Board, or any official or representative thereof, on any question of law. 13. ENVIRONMENTAL CLEARANCE (CEQA/NEPA/STREAMBED ALTERATION): a. No work that is subject to the California Environmental Quality Act (CEQA) or National Environmental Policy Act (NEPA) may proceed under this Agreement until documents that satisfy the CEQA/NEPA process are received by the Grant Manager and the State Water Board has given environmental clearance. No work that is subject to an Environmental Impact Report or a Mitigated Negative Declaration may proceed until and unless approved by the Deputy Director of the Division. Such approval is fully discretionary and shall constitute a condition precedent to any work for which it is required. Proceeding with work subject to CEQA and/or NEPA without environmental clearance by the State Water Board shall constitute a breach of a material provision of this Agreement. b. If this Project includes modification of a river or stream channel, it must fully mitigate environmental impacts resulting from the modification. The Grantee must provide documentation that the environmental impacts resulting from such modification will be fully mitigated considering all of the impacts of the modification and any mitigation, environmental enhancement, and environmental benefit resulting from the Project, and whether, on balance, any environmental enhancement or benefit equals or exceeds any negative environmental impacts of the Project. 14. FISCAL MANAGEMENT SYSTEMS AND ACCOUNTING STANDARDS: The Grantee agrees that, at a minimum, its fiscal control and accounting procedures will be sufficient to permit tracing of grant funds to a level of expenditure adequate to establish that such funds have not been used in violation of state law or this Agreement. The Grantee further agrees that it will maintain separate Project accounts in accordance with generally accepted accounting principles. 15. GOVERNING LAW: This grant is governed by and shall be interpreted in accordance with the laws of the State of California. 16. GRANTEE'S RESPONSIBILITY FOR WORK: The Grantee shall be responsible for all work and for persons or entities engaged in work performed pursuant to this Agreement, including, but not limited to, contractors, subcontractors, suppliers, and providers of services The Grantee shall be responsible for any and all disputes arising out of its contracts for work on the Project, including but not limited topayment disputes with contractors and subcontractors. The State will not mediate disputes between the Grantee and any other entity concerning responsibility for performance of work. 17. INCOME RESTRICTIONS: The Grantee agrees that any refunds, rebates, credits, or other amounts (including any interest thereon) accruing to or received by the Grantee under this Agreement shall be paid by -15- City of National City State Water Board Grant Agreement No. 14-450-550 Page 16 of 21 the Grantee to the State, to the extent that they are properly allocable to costs for which the Grantee has been reimbursed by the State under this Agreement. 18. INDEPENDENT ACTOR: The Grantee, and its agents and employees, if any, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees or agents of the State Water Board. 19. INSPECTION: The State Water Board, the Bureau of State Audits, or any authorized representative of the foregoing, shall have suitable access to the Project site at all reasonable times during Project implementation and thereafter for the useful life of the Project to ascertain compliance with this Agreement and its goals. The Grantee acknowledges that the Project records and location are public records. 20. INSURANCE: Throughout the useful life of the Project, the Grantee shall provide and maintain insurance against fire, vandalism and other loss, damage, or destruction of the facilities or structures constructed pursuant to this Agreement, if any. This insurance shall be issued by a company or companies admitted to transact business in the State of California. The insurance policy shall contain an endorsement specifying that the policy will not be cancelled or reduced in coverage without thirty (30) days prior written notice to the State Water Board. In the event of any damage to or destruction of the Project or any larger system of which it is a part, the net proceeds of insurance shall be applied to the reconstruction, repair or replacement of the damaged or destroyed parts of the Project or its larger system. The Grantee shall begin such reconstruction, repair, or replacement as expeditiously as possible and shall pay out of such net proceeds all costs and expenses in connection with such reconstruction, repair or replacement so that the same shall be completed and the larger system shall be free of all claims and liens. 21. NONDISCRIMINATION: a. During the performance of this Agreement, the Grantee and its consultants and contractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, sexual orientation, physical disability (including HIV and AIDS), mental disability, medical condition (cancer), age (over 40), marital status, and denial of family care leave. b. The Grantee, its consultants, and contractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. The Grantee, its consultants, and contractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12990) and the applicable regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Agreement by reference and made a part hereof as if set forth in full. d. The Grantee, its consultants, and contractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement, if any. e. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Agreement. Failure by the Grantee to carry out these requirements and applicable requirements of 40 C.F.R. part 33 is a breach of a material provision of this Agreement which may result in its termination. 22. NO THIRD PARTY RIGHTS: The parties to this grant Agreement do not create rights in, or grant remedies to, any third party as a beneficiary of this grant Agreement, or of any duty, covenant, obligation or undertaking established herein. -16- City of National City State Water Board Grant Agreement No. 14-450-550 Page 17 of 21 23. NOTICE: a. The Grantee shall notify the State Water Board prior to conducting construction, monitoring, demonstration, or other implementation activities such that State Water Board and/or Regional Water Board staff may observe and document such activities. b. The Grantee shall promptly notify the State Water Board of events or proposed changes that could affect the scope, budget, or work performed under this Agreement. The Grantee agrees that no substantial change in the scope of the Project will be undertaken until written notice of the proposed change has been provided to the State Water Board, and the State Water Board has given written approval for such change. c. Discovery of any potential archeological or historical resource. Should a potential archeological or historical resource be discovered during implementation of the Project, the Grantee agrees that all work in the area of the find will cease until a qualified archeologist has evaluated the situation and made recommendations regarding preservation of the resource, and the Deputy Director of the Division has determined what actions should be taken to protect and preserve the resource. The Grantee agrees to implement appropriate actions as directed by the Division. d. Discovery of any unexpected endangered or threatened species, as defined in the federal or California Endangered Species Acts. Should a federal or state protected species be unexpectedly encountered during implementation of the Project, the Grantee agrees to promptly notify the Deputy Director of the Division. This notification is in addition to the Grantee's obligations under the federal or state Endangered Species Acts. e. The Grantee shall notify the State Water Board at least ten (10) working days prior to any public or media event publicizing the accomplishments and/or results of this Agreement and provide the opportunity for attendance and participation by State Water Board's representatives. f. The Grantee shall promptly notify the State Water Board in writing of completion of work on the Project. 9• The Grantee shall promptly notify the State Water Board in writing of any cessation of all major construction work on the Project where such cessation of work is expected to or does extend for a period of thirty (30) days or more and of any circumstance, combination of circumstances, or condition, which is expected to or does delay completion of construction for a period of ninety (90) days or more beyond the estimated date of completion of construction previously provided. 24. OPERATIONS & MAINTENANCE: The Grantee shall maintain and operate the facility and structures constructed or improved as part of the Project throughout the useful life of the Project, consistent with the purposes for which this Grant was made. The Grantee assumes all operations and maintenance costs of the facilities and structures; the State Water Board shall not be liable for any cost of such maintenance, management or operation. The Grantee may be excused from operations and maintenance only upon the written approval of the Deputy Director of the Division. For purposes of this Agreement, "operation costs" include direct costs incurred for material and labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs" include ordinary repairs and replacements of a recurring nature necessary to prolong the life of capital assets and basic structures, and the expenditure of funds necessary to replace or reconstruct capital assets or basic structures. 25. PERMITS, CONTRACTING, AND DEBARMENT: The Grantee shall procure all permits and licenses necessary to accomplish the work contemplated in this Agreement, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. Any contractors, outside associates, or consultants required by the Grantee in connection with the services covered by this Agreement shall be limited to such individuals or firms as were specifically identified and agreed to during negotiations for this Agreement, if any, or as are specifically authorized by the State Water Board's Grant Manager during the performance of this Agreement. Any substitutions in, or additions to, such contractors, associates, or consultants, shall be subject to the prior written approval of the State Water Board's Grant Manager. The Grantee shall not contract with any party who is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, "Debarment and -17- City of National City State Water Board Grant Agreement No. 14-450-550 Page 18 of 21 Suspension". The Grantee shall not contract with any individual or organization on USEPA's List of Violating Facilities. (40 CFR, Part 31.35; Gov. Code, § 4477)www.echo.epa.gov. The Grantee certifies to the best of its knowledge and belief, that it and its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any federal department or Grantee; b. Have not within a three (3)-year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and, d. Have not within a three (3)-year period preceding this application/proposal had one or more public transactions (federal, state or local) terminated for cause or default. 26. PREVAILING WAGES AND LABOR COMPLIANCE: If applicable, the Grantee agrees to be bound by all the provisions of the Labor Code regarding prevailing wages and shall monitor all contracts subject to reimbursement from this Agreement to assure that the prevailing wage provisions of the Labor Code are being met. The Grantee certifies that it has a Labor Compliance Program (LCP) in place or has contracted with a third party that has been approved by the Director of the Department of Industrial Relations (DIR) to operate an LCP pursuant to: Public Resources Code, section 75075; Labor Code, sections 1771.3(c) and 1771.5; and, section 16423 of title 8 of the California Code of Regulations. Current DIR requirements may be found at http://www.dir.ca.gov/Icp.aso. 27. PROFESSIONALS: The Grantee agrees that only licensed professionals will be used to perform services under this Agreement where such services are called for. All technical reports required pursuant to this Agreement that involve planning, investigation, evaluation, or design, or other work requiring interpretation and proper application of engineering or geologic sciences, shall be prepared by or under the direction of persons registered to practice in California pursuant to Business and Professions Code, sections 6735, 7835, and 7835.1. To demonstrate compliance with Califomia Code of Regulations, title 16, sections 415 and 3065, all technical reports must contain a statement of the qualifications of the responsible registered professional(s). As required by these laws, completed technical reports must bear the signature(s) and seal(s) of the registered professional(s) in a manner such that all work can be clearly attributed to the professional responsible for the work. 28. RECORDS: Without limitation of the requirement to maintain Project accounts in accordance with generally accepted accounting principles, the Grantee agrees to: a. Establish an official file for the Project which shall adequately document all significant actions relative to the Project; b. Establish separate accounts which will adequately and accurately depict all amounts received and expended on this Project, including all grant funds received under this Agreement; c. Establish separate accounts which will adequately depict all income received which is attributable to the Project, especially including any income attributable to grant funds disbursed under this Agreement; d. Establish an accounting system which will adequately depict final total costs of the Project, including both direct and indirect costs; e. Establish such accounts and maintain such records as may be necessary for the state to fulfill federal reporting requirements, including any and all reporting requirements under federal tax statutes or regulations; and, -18- City of National City State Water Board Grant Agreement No. 14-450-550 Page 19 of 21 f. If a Force Account is used by the Grantee for any phase of the Project, establish an account that documents all employee hours, and associated tasks charged to the Project per employee. 29. RELATED LITIGATION: Under no circumstances may a Grantee use funds from any disbursement under this Grant Agreement to pay costs associated with any litigation the Grantee pursues against the State Water Board or any Regional Water Board. Regardless of the outcome of any such litigation, and notwithstanding any conflicting language in this Agreement, the Grantee agrees to complete the Project funded by this Agreement or to repay all of the grant funds plus interest. 30. RIGHTS IN DATA: The Grantee agrees that all data, plans, drawings, specifications, reports, computer programs, operating manuals, audio and video recordings, notes, and other written or graphic work produced in the performance of this Agreement shall be in the public domain. The Grantee may disclose, disseminate and use in whole or in part, any final form data and information received, collected, and developed under this Agreement, subject to appropriate acknowledgement of credit to the State Water Board for financial support. The Grantee shall not utilize the materials for any profit -making venture or sell or grant rights to a third party who intends to do so. 31. STATE REVIEWS AND INDEMNIFICATION: The parties agree that review or approval of Project applications, documents, permits, plans and specifications or other Project information by the State Water Board is for administrative purposes only and does not relieve the Grantee of its responsibility to properly plan, design, construct, operate, maintain, implement, or otherwise carry out the Project. To the extent permitted by law, the Grantee agrees to indemnify, defend and hold harmless the State Water Board and the State against any loss or liability arising out of any claim or action brought against the State Water Board and/or the State from and against any and all losses, claims, damages, liabilities or expenses, of every conceivable kind, character and nature whatsoever arising out of, resulting from, or in any way connected with (1) the Project or the conditions, occupancy, use, possession, conduct or management of, work done in or about, or the planning, design, acquisition, installation or construction, of the Project or any part thereof; (2) the carrying out of any of the transactions contemplated by this Agreement or any related document; (3) any violation of any applicable law, rule or regulation, any environmental law (including, without limitation, the Federal Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act, the California Hazardous Substance Account Act, the Federal Water Pollution Control Act, the Clean Air Act, the California Hazardous Waste Control Law and California Water Code, section 13304, and any successors to said laws), rule or regulation or the release of any toxic substance on or near the System; or, (4) any untrue statement or alleged untrue statement of any material fact or omission or alleged omission to state a material fact necessary to make the statements required to be stated therein, in light of the circumstances under which they were made, not misleading with respect to any information provided by the Grantee for use in any disclosure document utilized in connection with any of the transactions contemplated by this Agreement. To the fullest extent permitted by law, the Grantee agrees to pay and discharge any judgment or award entered or made against the State Water Board and/or the State with respect to any such claim or action, and any.settlement, compromise or other voluntary resolution. The provisions of this section shall survive the term of this Agreement. 32. SUPPLEMENTAL ENVIRONMENTAL PROJECTS: Grant Funds shall not be used for supplemental environmental projects required by Regional Water Boards. 33. STATE WATER BOARD ACTION, COSTS, AND ATTORNEY FEES: The Grantee agrees that any remedy provided in this Agreement is in addition to and not in derogation of any other legal or equitable remedy available to the State Water Board as a result of breach of this Agreement by the Grantee, whether such breach occurs before or after completion of the Project, and exercise of any remedy provided by this Agreement by the State Water Board shall not preclude the State Water Board from pursuing any legal remedy or right which would otherwise be available. In the event of litigation between the parties hereto arising from this Agreement, it is agreed that each party shall bear its own filing costs and attorney fees. 34. TERMINATION, IMMEDIATE REPAYMENT, INTEREST: This Grant Agreement may be terminated by written notice at any time prior to completion of the Project, at the option of the State Water Board, upon violation by the Grantee of any material provision after such violation has been called to the attention of the Grantee and after failure of the Grantee to bring itself into compliance with the provisions of this Agreement within a reasonable time as established by the State Water Board. In the event of termination, the Grantee agrees, upon demand, to immediately repay to the State Water Board an amount equal to the amount of grant -19- City of National City State Water Board Grant Agreement No. 14-450-550 Page 20 of 21 funds disbursed to the Grantee prior to such termination. In the event of termination, interest shall accrue on all amounts due at the highest legal rate of interest from the date that notice of termination is mailed to/from the Grantee to the date of full repayment by the Grantee. 35. TIMELINESS: Time is of the essence in this Agreement. The Grantee shall proceed with and complete the Project in an expeditious manner. 36. TRAVEL AND PER DIEM: Any reimbursement for necessary travel and per diem shall be at rates not to exceed those set by the California Department of Human Resources. These rates may be found at htto://www.calhr.ca.gov/employees/Pages/travel-reimbursements.asox. Reimbursement will be at the State travel and per diem amounts that are current as of the date costs are incurred by the Grantee. No travel outside the State of California shall be reimbursed unless prior written authorization is obtained from the Grant Manager. 37. UNENFORCEABLE PROVISION: In the event that any provision of this Agreement is unenforceable or held to be unenforceable, then the parties agree that all other provisions of this Agreement shall continue to have full force and effect and shall not be affected thereby. 38. URBAN WATER MANAGEMENT: The Grantee certifies that this Project complies with the Urban Water Management Planning Act (Water Code, § 10610 et seq.). This shall constitute a condition precedent to this Agreement. 39. USEFUL LIFE OF PROJECT: For the purpose of this Agreement, the useful life of any constructed portions of this Project begins upon completion of construction and continues until fifty (50) years thereafter for pipelines and structures and twenty (20) years for all else. 40. VENUE: The State Water Board and the Grantee hereby agree that any action arising out of this Agreement shall be filed and maintained in the Superior Court in and for the County of Sacramento, California, or in the United States District Court in and for the Eastem District of Califomia. The Grantee hereby waives any existing sovereign immunity for the purposes of this Agreement. 41. WAIVER AND RIGHTS OF THE STATE WATER BOARD: Any waiver of rights with respect to a default or other matter arising under the Agreement at any time by either party shall not be considered a waiver of rights with respect to any other default or matter. Any rights and remedies of the State provided for in this Agreement are in addition to any other rights and remedies provided by law. 42. WATER CONSERVATION AND EFFICIENCY PROGRAMS: The Grantee acknowledges that it has appropriate water conservation and efficiency programs in place, and that this provision constitutes a condition of the grant award. A web link with examples of water conservation and efficiency programs is available at: htto://www.waterboards.ca.gov/waterrights/water issues/programs/droughticonservation.shtml. 43. WATER RIGHTS: The Grantee acknowledges that its eligibility for this Grant award is conditioned on its compliance with Water Code section 5103(e), if applicable. The Grantee further certifies that it is not required to file a Statement of Diversion and Use pursuant to Water Code section 5101. 44. WATERSHED MANAGEMENT PLAN CONSISTENCY: The Grantee certifies that any watershed protection activity undertaken as part of this Project will be consistent with the applicable, adopted, local watershed management plans and the applicable Water Quality Control Plan (Basin Plan and/or Statewide) adopted by a Regional Water Board or the State Water Board, where such plans exist. Any such activity occurring in the San Gabriel and Los Angeles watersheds shall be consistent with the San Gabriel and Los Angeles River Watershed and Open Space Plan as adopted by the San Gabriel and Lower Los Angeles Rivers and Mountain Conservancy and the Santa Monica Mountains Conservancy. 45. WITHHOLDING OF GRANT DISBURSEMENTS: The State Water Board may withhold all or any portion of the grant funds provided for by this Agreement in the event that the Grantee has materially violated, or threatens to materially violate, any term, provision, condition, or commitment of this Agreement; or the Grantee fails to maintain reasonable progress toward completion of the Project. -20- City of National City State Water Board Grant Agreement No. 14-450-550 Page 21 of 21 EXHIBIT D SPECIAL CONDITIONS Proposition 84 Stormwater Grant Program 1. The Grantee certifies that it is a local public agency (i.e., one of the following: a city, county, city and county, district, or a joint powers authority comprised entirely of local public agencies). 2. The Grantee certifies that this Project is intended to achieve one of the purposes set forth in Public Resources Code section 75050.2(a). 3. The Grantee certifies that any real property or interests in real property acquired for this Project shall be acquired from a willing seller. 4. The Grantee certifies that it is providing a match in the amount of at least 20% of the total Project cost (see Round 2 Guidelines, page 3). Disadvantaged communities may request a reduced funding match as outlined in Round 2 Guidelines, Table 1, page 4. 5. The Grantee certifies that in no event will it complete this Project later than March 2017. It acknowledges that this condition is a material condition of this Agreement. -21- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE PROPOSITION 84 STORM WATER GRANT PROGRAM GRANT (SWGP) AGREEMENT NO. 14-450-550 BETWEEN THE STATE WATER RESOURCES CONTROL BOARD AND THE CITY OF NATIONAL CITY FOR THE KIMBALL PARK LOW -IMPACT DEVELOPMENT AND PARADISE CREEK RESTORATION PROJECT IN THE AMOUNT OF $1,876,153, AND AUTHORIZING CORRESPONDING REVENUE AND EXPENDITURE ACCOUNTS WHEREAS, in March 18, 2014, through Resolution No. 2014-34, City Council authorized staff to file a Proposition 84 Storm Water Grant Program (SWGP) application for the Kimball Park Low -Impact Development and Paradise Creek Restoration Project (the "Project") in the amount of $1,876,153, and committed to a local match of $700,000 for a total project cost of $2,576,153; and WHEREAS, the proposed Project will construct multiple bioretention areas and expand wetlands habitats in and around Kimball Park to treat a highly urbanized drainage area of approximately 77 acres, restore approximately 1,050 linear feet of Paradise Creek through Kimball Park by removing the concrete channel, widen the creek and reintroducing native riparian vegetation; and WHEREAS, the Project will implement Low -Impact Development (LID) to improve water quality from urban runoff and provide an opportunity for residents and guests to interact with a natural, tidally -influenced water body through the park. Educational signage will also be installed along the restored creek and expanded wetland areas within the park; and WHEREAS, in May 2014, staff was notified that the City of National City had been awarded a Proposition 84 SWGP in the amount of $1,876,153 for the Kimball Park Low - Impact Development and Paradise Creek Restoration Project. City Council; and WHEREAS, the local match for preparation of environmental documents, design, engineering, and public outreach in the amount of $139,617 is available through other previously approved Capital Improvement Program (CIP) projects related to Kimball Park and adjacent roadway improvement projects. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Manager to execute Proposition 84 Storm Water Grant Program Grant Agreement No. 14-450-550 between the State Water Resources Control Board and the City of National City for the Kimball Park Low -Impact Development and Paradise Creek Restoration Project in the amount of $1,876,153. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of fund appropriations and a corresponding revenue budget. [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT •TEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Geosyntec Consultants, Inc. for a not -to -exceed amount of $300,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). MEETING DATE: October 7, 2014 AGENDA ITEM NO. 3,2 PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: ngineeri g & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funded through various CIPs, on an as -needed basis ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A oTTACHMENTS: 1. Explanation 2. Agreement 3. Resolution Explanation: The City's current 5-Year CIP is projected to deliver over $60 million in major public improvements. Approximately $25 million, or 40% of the CIP budget, is funded through active Federal, State and Regional "competitive" grants. Projects include corridor enhancements for traffic calming, pedestrian and bicycle safety, and smart growth redevelopment; road diets and complete streets; safe routes to school; traffic signal modifications; street lights; sewer replacement and upsizing; storm drain improvements and implementation of Low -Impact Development (LID) measures for treatment of urban runoff; Americans with Disabilities Act (ADA) enhancements; park amenities; mechanical, electrical and heating, ventilation, and air conditioning (HVAC) upgrades to City -owned buildings; and affordable housing projects including infill transit -oriented development. In order to design, manage and deliver these projects on schedule and within budget, the Department of Engineering & Public Works advertised a Request for Qualifications (RFQ) for various engineering and construction support services on January 27, 2014. Additional services requested via the RFQ include plan and map reviews, preparation of plat & legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT). The RFQ was advertised on the City's Website, published in the Daily Transcript, and e-mailed to over 150 professional consultant firms. The Department received approximately 70 Statement of Qualifications (SOQs) from various firms, including Disadvantaged, Small and/or Minority Business Enterprises, by the February 24, 2014 deadline. Staff from the Department of Engineering & Public Works selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Geosyntec Consultants, Inc. for a not -to - exceed amount of $300,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). See Exhibit "A" for general scope of work and Exhibit "B" for fee schedule. A copy of the SOQ submitted by Geosyntec Consultants is available for review in the Office of the City Engineer. AGREEMENT BY AND BETWEEN TIIE CITY OF NATIONAL CITY AND GEOSYNTEC CONSULTANTS, INC. THIS AGREEMENT is entered into this 7th day of October, 2014, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Geosyntec Consultants, Inc., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide on -call project support services for National City's Capital Improvement Program (CIP). WHEREAS, the CITY has determined that the CONSULTANT is an environmental engineering firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. ,SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A", including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). The CONSULTANT will be expected to submit proposals for individual task orders in a timely manner, consistent with the general scope of services in Exhibit "A". Task order proposals shall include a detailed scope of work, schedule of deliverables and "not -to - exceed" cost estimate. The Project Coordinator will issue a Notice to Proceed upon approval of each individual task order. After issuance of a Notice to Proceed for each individual task order, the CONSULTANT will only receive compensation for actual work performed, on a time and materials basis, consistent with the detailed scope of work and within the limits of the "not -to - exceed" cost estimate. 1 Geosyntec Consultants On -Call Agreement, October 2014 The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the Project Coordinator. The CONSULTANT shall appear at meetings as required by the Project Coordinator to keep staff and City Council advised of the progress on projects. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services, not to exceed a factor of 15% from the base amount. 3. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Veryl Wittig, PG, thereby is designated as the Project Director for the CONSULTANT. 4. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and materials, consistent with Exhibit "B". The total cost for services described in Exhibit "A" shall not exceed $300,000 (the Base amount) without prior written authorization from the Project Coordinator. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with the general scope of services in Exhibit "A", and the detailed scope of work and schedule of deliverables provided for individual task orders, as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 5. ACCEPTABILITY OF WORK. The City shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the City cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the City shall each prepare a report which supports their position and file the same with the other party. 2 Geosyntec Consultants On -Call Agreement, October 2014 The City shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 6. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on October 7, 2014. The duration of this Agreement is for the period of October 7, 2014 through October 6, 2016. With mutual agreement of the parties, this Agreement may be extended for an additional period of up to one year, through October 6, 2017. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this Project, whether paper or electronic, shall become the property of the CITY for use with respect to this Project, and shall be turned over to the CITY upon completion of the Project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemployment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement 3 Geosyntec Consultants On -Call Agreement, October 2014 nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES. PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all 4 Geosyntec Consultants On -Call Agreement, October 2014 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recnuitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perfonn the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, fire or corporation. The CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 14. 15. INDEMNIFICATION AND MOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable 5 Geosyntec Consultants On -Call Agreement, October 2014 attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the teen of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Goveminent Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. XNSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the tern of this Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non - owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate, and Umbrella Liability Insurance with minimum limits of $10,000,000, covering all bodily injury and property damage arising out of its operations under this Agreement. The policy shall name the CITY and its officers, agents and employees as additional insured, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. 6 Gea syntec Consultants On -Call Agreement, October 2014 E. The aforesaid policies shall constitute primary insurance as to the CTfY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. Insurance shall be written with only California admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current 13est's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non - admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. H. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 18. LEGAI, FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. jVIEDIATION/ARBITRATION. If a dispute arises out of or relates to this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the 7 Geosyntec Consultants On -Call Agreement, October 2014 parties, and a judgment thereon may be entered in any court having jurisdiction over the subject matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Tennination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. 13. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: 8 Geosyntec Consulmnls On -Call Agreement, October 2014 To CITY: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 To CONSULTANT: Veryl Wittig, PG Project Director Geosyntec Consultants, Inc. 10875 Rancho Bernardo Road, Suite 200 San Diego, CA 92127 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confinned within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Paragraph 22 by the CONSULTANT. 9 Geosyntec Consultants On -Call Agreement, October 2014 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsibleto determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. if any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. P. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce. any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the 10 Gensyntec Consultants On -Call Agreement, October 2014 opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (.vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY GEOSYNTEC CONSULTANTS, INC. By: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney 11 By: Sam Williams, Vice President By Theirry Sanglerat, Executive V.P. Geosyntec Consultants On -Call Agree nent, October 2014 Geosyntec consultants EXHIBIT "A" Stephen Manganiello, Director of Public Works/City Engineer City of National City Department of Engineering & Public Works 1243 National City Boulevard National City, CA 91950 10875 Rancho Bernardo Road, Suite 200 San Diego, California 92127 PH 858.674.6559 FAX 858.674.6586 www. neosvnlec. coin 24 February 2014 Subject: Environmental CIP Support that Yields Expertise and Innovation with the Added Benefit of Staff Continuity Statement of Qualifications for On Call Project Support Services for the City of National City Dear Mr. Manganiello: Re: In response to your Request for Qualifications (RFQ) referenced above, Geosyntec Consultants, Inc. (Geosyntec) is pleased to offer specialized professional services to the City of National City (the City) in the following discipline: Environmental Engineering, Planning and Design. Our Statement of Qualifications (SOQ), which fully conforms to your RFQ, describes Geosyntec's expertise, specific project experience in National City, quality of client service, local knowledge and industry leadership that we bring. We understand that direct and relevant experience such as ours, quality of service, and understanding of the unique technical challenges relevant to the City and the CIP are of paramount importance. Working with a consultant team that knows and understands the City and its environmental challenges stands to benefit the progress of CIP implementation. Toward that end, we look forward to continuing to work on behalf of National City by serving the needs of City staff through analysis of project challenges and implementation of innovative solutions. Geosyntec has reviewed, understands, and is uniquely qualified to implement the Environmental Engineering, Planning & Design scope of services described in the RFQ. We are confident that Geosyntec fully meets and exceeds the City's selection criteria for performing Site Assessment and Characterization, Water Resources, CEQA/NEPA, and Remediation specialties. Geosyntec has been providing a comprehensive and cost-effective range of environmental engineering services to the City since 2007, and we have a strong track record managing and performing similar as -needed contracts for municipal agencies and public utilities in San Diego County and throughout Southern California. The depth and breadth of our locally -based experience will be valuable in continuing to provide exceptional service and responsiveness, and streamlining project execution and supporting City staff. We will staff this project out of our two fully self - supported offices in San Diego (Rancho Bernardo and Old Town) with our Rancho Bernardo location serving as the project office. Geosyntec's San Diego operations are currently staffed with 50 professionals and technical support staff with specific expertise to serve the City's needs. Additionally, Nautilus Environmental, a locally based DBE certified firm that specializes in environmental studies, augments the expert capabilities of the Geosyntec Team. Mr. Very! Wittig, who has managed many local environmental programs including our contract with the City's former Community Development Commission (CDC) and Successor Agency, will serve as engineers I scientists I innovators Stephen Manganiello Page 2 the Project Director for this contract. He will continue to be supported by the same qualified and experienced team of engineers, geologists, environmental specialists and support staff that has served the City since 2007. Geosyntec affirms that the staff comprising the Project Team will be available and dedicated to the City as needed; and there will be no substitutions of personnel without the approval of the City. We look forward to continuing to deliver environmental engineering excellence as your partner and consultant. Please contact me for any additional information at (858) 716-2903 direct; (619) 884- 6552 mobile; or VWittig@qegsyntec.ecan. Sincerely,• Veryl �hlittig, FG, G,!-1C Project Director ;t1t1,h1c2c rw I SCit;lltiStS I 111)19Wttt)i',5 EXHIBIT "B" GEOSYNTEC CONSULTANTS RATE SCHEDULE FOR CITY OF NATIONAL CITY, DEPARTMENT OF PUBLIC WORKS (Updated 23 September 2014) Engineer/Scientist Rate/Hour Staff Professional $104 Senior Staff Professional $120 Professional $134 Project Professional S151 Senior Professional $171 Associate $194 Principal $226 Field Services Engineering Technician Senior Engineering Technician Field Manager Site Manager Field Superintendent Design, Graphical, and Administrative Services $ 72 $81 $ 87 $ 91 $ 97 Senior Drafter/Senior CADD Operator $115 Drafter/CADD Operator/Artist $100 Admin Assistant/Tech Word Processor $ 62 Clerical $ 48 General Direct Expenses Subconsultant Services Subcontract Services Communications Fee Specialized Computer Applications (per hour) Personal Automobile (per mile) Cost plus 0% Cost plus 0% Cost plus 10% 3% of Professional Fees $ 10 Current IRS Rate Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, these standard rates will remain in effect for the term of the Agreement (2 years). Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. fii.�5lllle2 CVC l:a. t. s.201+,dm: RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH GEOSYNTEC CONSULTANTS, INC., FOR A NOT TO EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL ENGINEERING, SITE ASSESSMENTS, CHARACTERIZATION AND REMEDIATION, GROUNDWATER MONITORING AND REPORTING, AND PREPARATION OF ENVIRONMENTAL STUDIES IN ACCORDANCE WITH THE NATIONAL ENVIRONMENTAL POLICY ACT (NEPA) AND CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) WHEREAS, the Engineering Department issued Requests for Qualifications for various engineering and construction support services on January 27, 2014, to provide on -call project support services for National City's Capital Improvement Program ("CIP"), including, but not limited to, plan and map reviews, preparation of plat and legal descriptions, sewer system management and financial administration, and environmental compliance involving storm water, wastewater, and hazardous materials (HAZMAT); and WHEREAS, 70 Statement of Qualifications (SOQs) from various firms, including disadvantaged, small and/or minority business enterprises, were submitted by the February 24, 2014 deadline; and WHEREAS, the Engineering and Public Works Department selected several firms based on qualifications for interviews. Based on the strength of their SOQ and interview, staff recommends executing an agreement with Geosyntec Consultants, Inc., for a not -to - exceed amount of $300,000, to provide on -call project support services for National City's CIP projects, including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute an Agreement with Geosyntec Consultants, Inc., for a not to exceed amount of $300,000 to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, environmental engineering, site assessments, characterization and remediation, groundwater monitoring and reporting, and preparation of environmental studies in accordance with the National Environmental Policy Act (NEPA) and California Environmental Quality Act (CEQA). Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 7th clay of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 13 ITEM TITLE: Resolution of the City Council of the City of National City adopting a Joint Resolution of the Metro Wastewater Joint Powers Authority and the Metro Commission, supporting the City of San Diego's National Pollutant Discharge Elimination System (NPDES) Modified Permit for the Point Loma Wastewater Treatment Plant PREPARED BY: Kuna Muthusamy, Asst. Director PHONE: (619) 336-4383 EXPLANATION: See attached. DEPARTMENT: ngineeri g/Public Works APPROVED BY: FINANCIAL STATEMENT: N/A APPROVED: ACCOUNT NO. APPROVED: ENVIRONMENTAL REVIEW: The City of San Diego is responsible for processing any environmental permits. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution EXPLANATION SUMMARY City of National City has been a partner in the San Diego Metro Wastewater System since 1944. The PLWTP, constructed in 1963, is the backbone of the Metro System. City of National City is one of 12 participating agencies (PAs) that convey wastewater to the Metro System for treatment. The Metropolitan Wastewater Commission (Metro Commission) was formed in 1998 pursuant to the terms of the Regional Wastewater Disposal Agreement between PAs and San Diego. The Metro Commission is an advisory body to the San Diego City Council. The Regional Wastewater Disposal Agreement stipulates that the City of San Diego owns the Metro System and that all decisions with respect to the planning, design, construction, operation and maintenance shall rest with the City of San Diego in consultation with the Metro Commission. The City of San Diego has requested that the Metro Commission support San Diego's modified NPDES permit application for the Point Loma Wastewater Treatment Plant. The PLWTP operates under an NPDES from the Environmental Protection Agency (EPA). Each permit is good for five years following issuance. The current permit expires in July 2015. and must be submitted for renewal in January 2015. The San Diego City Council plans to take action on the permit application on October 28, 2014, therefore San Diego staff have requested the Metro Commission to provide input on the permit application prior to this date. The Metro Commission will consider this item either during its regularly scheduled meeting on October 2, 2014 or at a special meeting on October 16, 2014. This report is presented to the National City Council at this time for discussion of the permit application and direction to its Metro Commission representative prior to the upcoming Metro Commission meeting. DISCUSSION The PLWTP is permitted as a 240 million gallons per day (moo) advanced primary plant that discharges treated wastewater through an ocean outfall 4.5 miles out at a depth of 320 feet. A diffuser pipe at the end of the outfall spreads the effluent over one mile. Wastewater Treatment Wastewater treatment is the process of removing solids from the wastewater. • Primary treatment plants remove about 60% of the solids. • Advanced primary treatment plants, such as Point Loma, use chemicals to remove about 85% of the solids. • Secondary treatment plants follow primary treatment with a biological treatment that removes about 90% of the solids. • Tertiary treatment plants, like the North City and South Bay Water Reclamation Plants which are also part of the Metro System, have both primary and secondary treatment followed by filtration, resulting in removing about 99% of the solids. Wastewater Treatment Regulation The federal Clean Water Act (1972) required that all wastewater treatment plants be permitted. California's permitting process involves the EPA, the local Regional Water Quality Control Board, the State Water Resources Control Board and the California Coastal Commission. The Clean Water Act required wastewater treatment plants to treat wastewater to at least a secondary level. The required treatment varies depending on discharge to a lake, river or ocean, and the particular characteristics of the receiving body of water. A number of dischargers are required to go to higher levels of treatment than secondary. Several years ago, the Clean Water Act was amended to allow a modified permit (waiver of secondary) if the discharger could demonstrate the safe discharge of wastewater to receiving water. Initially, San Diego applied for a modified permit for Point Loma but later withdrew the application and began planning to convert Point Loma to secondary treatment. Subsequently, the EPA and several environmental groups sued San Diego for not being at secondary. In 1994, the federal Ocean Pollution Reduction Act (OPRA) gave San Diego the opportunity to apply for a modified permit for Point Loma. In return, San Diego agreed to construct 45 MGD of reclaimed water capacity. North City Water Reclamation Plant, the South Bay Water Reclamation Plant and the South Bay Ocean Outfall were then constructed. San Diego was granted a modified permit for Point Loma in 1994 with environmental stakeholder support because of the development of reclaimed water capacity. Point Loma Permit Requirements to Date San Diego must apply for a new permit or modified permit every five years for Point Loma. San Diego agreed to complete a wide range of studies, as described below, to secure initial support from the environmental community for a modified permit: • Secondary Conversion Cost — The Navy, Cabrillo National Monument, the ocean and a cliff hem in Point Loma are site constraints that lead to higher construction costs for the addition of secondary treatment to the site. An initial study indicated a capital cost of $1 billion. When updated to current dollars, and including wet weather peaking needs, the cost has increased to an estimated $2.1 billion. • Additionally, secondary treatment requires a great deal of electricity. Point Loma would go from being a net energy provider to the grid to one of the top 20 loads in San Diego. Annual operating and energy costs would increase by about $44 million. • Enhanced Ocean Monitoring — San Diego hired experts from scientific organizations such as Scripps and Woods Hole to review and enhance the Ocean Monitoring Program. The expanded monitoring program includes over 150,000 samples taken annually. Over 20 years of data indicate no adverse impact to the ocean environment from Point Loma discharge. • Point Loma's 4.5 mile long outfall (one of the longest in the country) terminates in a dispersal structure that spans a mile across at 320 feet deep (the deepest in -2- the United States). The unique natural ocean environment particular to Point Loma further diffuses any potential discharge impacts. • Optimizing Wastewater Reuse — While the original settlement included construction of reclaimed water facilities as noted above, the agreement also required further study of additional water reuse possibilities, which were presented in "The Recycled Water Study" (2012). The product of years of collaboration between stakeholders and technical experts, the Recycled Water Study outlines a concept to divert almost 100 MGD of wastewater that would otherwise have to be treated, thereby allowing the permitted capacity of Point Loma to be reduced from 240 MGD to 143 MGD. San Diego constructed a one MGD demonstration projected at North City and pursued studies of San Vicente Reservoir to determine the feasibility of implementing an indirect potable reuse effort there. The demonstration project and studies showed that wastewater could be treated at North City to a level sufficient for safe placement in San Vicente Reservoir for subsequent treatment at a water treatment plant for potable water uses. Current status The current modified permit for Point Loma expires on July 31, 2015. The application for a new permit must be submitted no later than January 2015. It takes approximately one year to collect and assemble the data required for the permit application. That process began in January 2014. Even though the PLWTP is operating within the current law and has demonstrated through 20 years of extensive ocean monitoring that there is no harm to the environment, there is significant political pressure to convert the PLWTP from an advanced primary plant to a secondary plant. The plant currently discharges approximately 160 MGD of treated wastewater effluent which almost meets all the criteria required of a secondary plant. The PLWTP has been reported to be the last large scale wastewater treatment plant not to convert to secondary. In 2010, the Honolulu, Hawaii wastewater treatment plant entered into a consent decree with the EPA to convert its facilities to secondary treatment. This action is thought to have made San Diego the last operating primary plant. The EPA and California Coastal Commission have threatened San Diego in the past that it should not continue to assume that it will be granted waivers. Environmental stakeholders have sued San Diego in the past and have threatened to do so again if San Diego submits waiver applications without some type of progressive improvement to environmental protection. This uncertainty creates a significant amount of risk and instability for San Diego and the 12 PAs in the Metro System. The main concern at Point Loma has been to avoid wasting billions of dollars on a conversion to secondary. Science has proved that conversion is unnecessary. -3- Converting would therefore create a stranded asset. But politics has driven the issue with the mantra being, "everyone else is a secondary, why aren't you?' Secondary Equivalency A strategy was developed using the improvements proposed in the 2012 San Diego Recycled Water Study to achieve equivalent treatment to secondary within the Metro System. Flows would be offloaded from Point Loma to other facilities within the system reducing the discharges at Point Loma to levels below that required by secondary. In addition, proven technology was available to convert these offloaded flows into potable drinking water. Two problems could be fixed with one solution. Offloaded flows from Point Loma could be used as a new, reliable, and greatly needed water source for San Diego. Since June 2013, representatives from the PAs, City of San Diego and environmental stakeholders (Surfrider, Coastkeeper, Audubon Society and Coastal Environmental Rights Foundation) have met to iron out details for secondary equivalency and the appropriate language to include in the NPDES permit. On September 24, 2013 Scott Tulloch gave a presentation to the City Council regarding secondary equivalency and a regional water reuse plan. The Metro Commission sought support from each PA on the plan associated with the Point Loma permit renewal. For secondary equivalency to work, a federal legislative change is likely necessary. In order to commit to a level of facility investment, the PAs needed something in return. Draft legislation entitled the Ocean Pollution Reduction Act (OPRA) II defines secondary equivalency. It was important to obtain support environmental stakeholders' for the legislative change as they can be helpful in achieving legislative change. San Diego, the PAs and environmental stakeholders recently reached concurrence on the definition of secondary equivalency and the parameters of the Point Loma NPDES permit. An agreement was also prepared between the City of San Diego and environmental stakeholders that assures environmental stakeholder support for NPDES permits at Point Loma and OPRA II. NPDES Permit The Permit application will include the following: 1. Point Loma will remain as an Advanced Primary Treatment Plant with a capacity of 240 MGD; 2. It will contain new enforceable provisions as follows: a. A cap on Total Suspended Solids (TSS) mass emissions from 13,598 metric tons/year in the current permit to 12,000 metric tons/year by December 31, 2015; b. A requirement to issue a Notice of Preparation for a Programmatic EIR no later than January 30, 2015; c. A requirement to issue a Notice to Proceed for the first project design for at least 15 MGD no later than January 30, 2017. 3. Included in the application as future goals, subject to passage of legislation -4- securing secondary equivalency: a. Ongoing reductions of TSS mass emissions as follows: i. 11,500 metric tons/year by December 31, 2025; ii. 9,942 metric tons/year by December 31, 2027 which is equivalent to Point Loma at full capacity of 240 MGD at secondary treatment. b. Production of at least 15 MGD of potable reuse water no later than December 31, 2023; c. Production of at least 30 MGD (cumulative total) of potable reuse water no later than December 31, 2027; d: Production of at least 83 MGD (cumulative total) of potable reuse water no later than December 31, 2035. These future goals will be included in the permit submittal so that regulatory agencies reviewing the modified permit application can evaluate it within the larger program and goal of achieving secondary equivalency at Point Loma while also delivering a new local water supply. San Diego has met with both EPA staff and legislators regarding these plans for the Metro System and San Diego region. Feedback has been generally positive and the concepts well -received. This innovative solution could be a model for others to follow. Next Steps The San Diego City Council is expected to consider approval of the Point Loma NPDES Permit application on October 28, 2014. Therefore, the Metro Commission will attempt to provide San Diego with its position on the permit application at its meeting on October 2, 2014 or at a special meeting on October 16, 2014. Discussion regarding cost allocation and benefit sharing beginning will continue through 2015. CONCLUSION: Although a waiver from secondary treatment at Point Loma was successfully secured in 2010, there is consensus that there is significant risk in applying for future waivers and that they might not be granted. The uncertain and time-consuming process of stakeholder negotiation that accompanies the waiver application process is a significant resource drain and creates sewer rate and infrastructure planning issues. The concept of secondary equivalency and adoption of federal legislation to secure it along with the beneficial reuse of offloaded flows from Point Loma is a viable option that deserves serious consideration. With all stakeholders in agreement, there is momentum for these strategies to provide significant long term benefits to wastewater and water customers in the region. A draft resolution has been attached for the Metro Commission that supports the above approach. Staff recommends that the City of National City provide direction to -5- its Metro Commission representative to support the attached resolution which supports the City of San Diego's NPDES Modified Permit application for the Point Loma Wastewater Treatment Plant. CURRENT YEAR FISCAL IMPACT None at this time. Cost allocation scenarios are currently under discussion with the City of San Diego. ONGOING FISCAL IMPACT Future project could have sewer rate impacts. Administrative, planning and environmental review costs are anticipated in the next five to seven years. Secondary equivalency at the PLWTP will avoid approximately $300 million in modifications to the Plant. Staff will return to the Council to discuss sewer rates in 2015. -6- RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A JOINT RESOLUTION OF THE METRO WASTEWATER JOINT POWERS AUTHORITY AND THE METRO COMMISSION, AND SUPPORTING THE CITY OF SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT WHEREAS, the City of National City has been a partner in the San Diego Metro Wastewater System since 1944; and WHEREAS, the Point Loma Wastewater Treatment Plant (PLWTP), constructed in 1963, is the backbone of the Metro System. The City of National City is one of 12 participating agencies (PAs) that convey wastewater to the Metro System for treatment; and WHEREAS, the Metropolitan Wastewater Commission ("Metro Commission") was formed in 1998 pursuant to the terms of the Regional Wastewater Disposal Agreement between PAs and the City of San Diego; and WHEREAS, the Metro Commission is an advisory body to the San Diego City Council. The Regional Wastewater Disposal Agreement stipulates that the City of San Diego owns the Metro System and that all decisions with respect to the planning, design, construction, operation and maintenance shall rest with the City of San Diego in consultation with the Metro Commission; and WHEREAS, the City of San Diego has requested that the Metro Commission support San Diego's modified National Pollution Discharge Elimination System (NPDES) permit application for the Point Loma Wastewater Treatment Plant; and WHEREAS, the PLWTP operates under an NPDES permit from the Environmental Protection Agency (EPA). Each permit is good for five years following issuance. The current permit expires in July 2015 and must be submitted for renewal in January 2015; and WHEREAS, the San Diego City Council plans to take action on the permit application on October 28, 2014, therefore City of San Diego staff have requested the Metro Commission to provide input on the permit application prior to this date; and WHEREAS the Metro Commission supports the action proposed by the City of San Diego, and will consider adopting a Resolution at a special meeting on October 16, 2014 (Exhibit "A"); and WHEREAS the Metro Commission has requested that member agencies support the action proposed by the City of San Diego and the Metro Commission, NOW, THEREFORE, BE IT RESOLVED that the City of National City supports the actions being taken by the City of San Diego and the Metro Commission and supports the Resolution (Exhibit "A") being considered at a special a special meeting of the Metro Commission on October 16, 2014 [Signature Page to Follow] Resolution No. 2014 — Page Two PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Exhibit A RESOLUTION NO. 14- A JOINT RESOLUTION OF THE METRO WASTEWATER JPA AND METRO COMMISSION, SUPPORTING THE CITY OF SAN DIEGO'S NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MODIFIED PERMIT FOR THE POINT LOMA WASTEWATER TREATMENT PLANT WHEREAS, the Point Loma Wastewater Treatment P t (PLWTP) is a regional facility in the Metro Wastewater System, operated by the City of S o, permitted to treat 240 million gallons of wastewater per day to an Advanced Primary serving a 12 member Joint Powers Authority that comprises approximately 35% of the t o a. the Metro Wastewater System/ PLWTP; and WHEREAS, the Clean Water Act of certain protections before ocean discharge and wastewater treatment plant permits must be rene WHEREAS, the Ocean Poll Diego to apply for modified NPD Advanced Primary Treatment Level negotiated regulatory obli includin WHEREAS, that the Advanced Pri WH Lorna W achiev (second WHE Diego's 20-year supply, as a first maximize develop,uen minimize flows to wast 2-requires that was ermitting of waste every fivears; and er be treated to achieve treatment plants, and uction A RA) of 1994 allowed the City of San allowing , E WTP to continue operating at an ing all general and specifically ents; and monitoring data demonstrating ects the ocean environment; and ined that instead of converting the Point to a reatment plant, equivalent results can be flow from : e Plant to other existing and new facilities r reuse; and ommis 'on sees the Pure Water Program, the City of San ce purified water to supplement San Diego's drinking water zing the possibility of fully utilizing wastewater supplies to ater supply acknowledging that future expansion and ability to treatment plants will depend on technological and legislative advances, cost benefit analys `s, and actual flows compared to projections; and WHEREAS, the strategy of achieving secondary equivalency at the Point Loma Wastewater Treatment Plant through potable reuse of wastewater has included within the Pure Water San Diego program; and WHEREAS, the City of San Diego, the member agencies of Metro Wastewater JPA, members of the Metro Commission, and stakeholders from the environmental community have agreed upon a definition for secondary equivalency and will use their best efforts to have federal legislation passed in accordance with the proposal called the Ocean Pollution Reduction Act II (OPRA II). Generally, OPRA II will allow the City's NPDES permit to be based on secondary Resolution No. 14- Page 2 equivalency that includes a commitment to implement potable reuse of wastewater and allows the PLWTP to remain operating at the Advanced Primary Treatment Level; and WHEREAS, the current modified permit for the PLWTP expires on July 31, 2015, and City of San Diego staff need to submit an application to renew the NPDES permit by January 30, 2015. NOW, THEREFORE, BE IT RESOLVED by the Board of the Metro Wastewater JPA and Metro Commission as follows: Section 1: That the Metro Wastewater JPA and Metro Commission support the Point Loma Wastewater Treatment Plant to remain operating at an Advanced Primary Treatment Level. Section 2: That Metro Wastewater JPA and Metro Commission support the concept of secondary equivalency for the Point Loma Wastewater Treatment Plant and supports proposing the passage of federal legislation in accordance with the proposal titled the Ocean Pollution Reduction Act II (OPRA II), attached hereto as Exhibit "A" and incorporated herein. OPRA II will allow the City's NPDES permit to be based on secondary equivalency that includes a commitment to implement potable reuse of wastewater and allows the PLWTP to remain operating at the Advanced Primary Treatment Level. Section 3: That Metro Wastewater JPA and Metro Commission support the City of San Diego's NPDES Modified Permit application for the Point Loma Wastewater Treatment Plant as further described in the Basis of Point Loma Permit Application, attached hereto as Exhibit "B" and incorporated herein. PASSED AND ADOPTED at a regular meeting of the Board of the Metro Wastewater JPA and Metro Commission on the day of October, 2014: AYES: NOES: ABSENT: ABSTAIN: Cheryl Cox, Chair ATTEST: Lori Anne Peoples, Secretary CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 14 ITEM TITLE: Temporary Use Permit — 7th Annual Tower of Terror sponsored by the National City Fire Fighters Association October 31, 2014 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street. This is a National City sponsored event per Council Policy No. 804. PREPARED BY: Vianey Rivera PHONE: 1(619) 336-4364 EXPLANATION: DEPARTMENT: Neig •orh;y. Services Division APPROVED BY: This is a request from the National City Fire Fighters Association Local 2744 to conduct the Tower of Terror event on October 31, 2014 from 5pm to 9pm at Fire Station 34 located at 343 East 16th Street. The event will use the Fire Department's Training Tower as a haunted house. Participants will enter the tower via "C" Avenue. Upon exiting the tower, the yard will be used for a costume contest, face painting, and distribution of candy. Participants will exit via D Avenue. Applicant has requested to close C Avenue at E.16th Street to the 1500 Block of "C" Avenue and use of large city stage has been requested. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. r APPROVED: MIS The City has incurred $237.00 for processing the TUP through various City departments and $924.82 for Police event services. Total fees are $1,161.82 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. This is a National City -sponsored event per Council Policy No. 804. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair Z Festival _ Parade _ Demonstration _ Circus _ Motion Picture _ Grand Opening _ Other Community event Block Party Event Title:/V/a-r; 0F..4,--( Cf;17/11c /5 A k r� /7`>¢llctw ee—r1 1723c..ver, OIC 7-c.erar Event Location: f�c �5/4,� 3/j=�i�.fi�d( ti �•��t. �,��c.�,�+ Event Date(s): From /0/3/ to /</ 3/ Actual Event Hours: S a .' to 9.`6() a Total Anticipated Attendance: /OCR (S-0 Participants �6 Spectators) Setup/assembly/construction Date: /0/30 Start time: /Ci :O ti /1f� Please describe the scope of your setup/assembly work (specific details): NG/f% C.vi// -e1/..c, &r , - 1 c fir+r�«r-ti fry a_Is-a- ti�rit5 N cwill _S' c f , J fzz - . dew ,ta :/4 wi/'S c dec,G/* <s / /`'cr c c'e( eA.3 / t ( S I'c c..t- Dismantle Date: // / Completion Time: 06, a pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. / / jA-rr/c C(. t1f7 C C z)Ciz r, l� f'z 6'\ C / c' CA -I Cie /cT Sponsoring Organization: f1//1-Tt C/7 rsi 6c' S64tr Zzc-,_ ZoGFC274/ Chief Officer of Organization (Name) 'Jp-r C 5717 e S' Applicant (Name):4/7 / ot_r,• Address: k eiA-it_ , Daytime Phone: 6/ ) ( Evening Phone: e7 yt - Sz "6 Fax: (___) E-Mail: v-J C,4 . S' a' Li Contact Person "on site" day of the event:) mr tecCellular: G/ 4 S 1'1 - S7 7 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS s your organization a "Tax Exempt, nonprofit" organization? XYES _ NO Are admission, entry, vendor or participant fees required? . YES NO If YES, please explain the purpose and provide amount(s): $ Estimated Gross Receipts including ticket, product and sponsorship sales from this event. Estimated Expenses for this event. $ What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. YES INC) If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES , NO Does the event involve the sale or use of alcoholic beverages? _ YES XNO Will items or services be sold at the event? If yes, please describe: _ YES INO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. _ YES NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. XYES _ NO Will the event involve the use of the City or your stage or PA system? SPECIFY: Rego e r"- Cc7/ c /4 AA 044 Sy In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) ElTables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers n Other related event components not covered above lg Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control aqd Internal Security: c,e o w a( c.u,'// . e45 A_lz-,:- _f' , '744C cl.-; // y a C' Gv/ t ! rc iS CLrc /iet/t /e c-Cc; 117 ( , // c i'w yr ce GD 4 /LiC., 9 „IGS " c,fm"`''Ra_v $�s cu//76 e W '/ X-al£u Gcsir sic c�v° � _ YES _ NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: K. YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators:. SI riti/Li (�s c( 7(71tfi, 1/,:. L/,4-Xrs7.� c f�e Please indicate what arrangement you have made for providing Fi�r}t Aid Staffing and Equipment. /-/tQ e /� aAa r A-A-6( /4/V&/( d C aA-4 /CcSc'L.rcc S GA-) Sr Please describe your Accessibility Plan for access at your event by individuals with disabilities: / 12cws a'F rte... e,LJ .9yc /face rs, % Lc A-c<- /}UG TA-4/�..ArY 7-6CArCC` fiVc 46 s lame' fig , S OC. ' /' S Please,provide a detailed description of yourppARKING pla : Please describe your plan for DISABLED PARKING: Please describe your plans t . notify, all resi event. J'5i. S C i 1/ �i C_ IF /-rat b ,tu NOTE: Neighborhood residents must be scheduled in the City parks. SJ�bt�s,� businesses t d4churchgs impacted by the 7 notified 72 hours in advance when events are YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: Number of Bands: Type of Music: V-YES _ NO Will sound amplification be used? If YES, please indicate: Start time: ,c76 Finish Time erne YES ✓O Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES L/NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: Lr-YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached1- to this permit. Organization NATiotic,..I' C;71›, f�%`c 47,1-c6't; LdCA L ,9,7f/ Person in Charge of Activity JAt►..e.s 5'.t re f Address ZY . /(f-K S . c; Cf.(7 C.VP?SG Telephone60-57 S7Sf 7 Date(s) of Use w .20 /C/ HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: City of National City EVENT: Tower of Terror DATE OF EVENT: October 31, 2014 TIME OF EVENT: 5 p.m. to 9 p.m. APPROVALS. DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY YES [x] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 The closure of C Avenue will impact several property owners access, I suggest that they be notified as soon as possible by door hanger or mail to allow them to voice concerns. I know this is a yearly thing but we should always allow for their input as there may be new issues or concerns not encountered in the previous year(s). PUBLIC WORKS (619)366-4580 Street Division: Street Department will post" No Parking sign" and deliver barricades on "C AVE prior to the event Fire will coordinated will Public Works. Parks Division: The parks Division is going to deliver the Stage and pa system on 8/30/14 after 10:00 am and pick up is going to be on 11/3/14 after 10:00am This is going to be during regular work ours so no additional fees from us are required. Facilities Division: Facilities staff will deliver tables and chairs next to the tower prior to the event during regular work hours. No overtime hours for staff. Firefighters staff will set up and tear down tables and chairs. POLICE We will have to have two officers for the event on overtime. I know it is a City sponsored event, but the City should know what the cost will be. The cost will be $924.82 (total) for two officers for 6 hours, this includes "donning" and "doffing" plus the hours of the event. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. FINANCE Finance has no involvement in this event CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. ITEM TITLE: !Warrant Register #9 for the period of 8/20/14 through 8/26/14 in the amount of $642,181.09 (Finance) PREPARED BY: K. Apalategui; DEPARTMENT: Financ PHONE: 1619-336-45721 APPROVED BY: EXPLANATION: !Per Government Section Code 37208, attached are the warrants issued for the period of 8/20/14 through 8/26/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Baumgartner, Ken 313797 D-Max Engineering 313815 Project Professionals Corp 313861 SDG&E 313871 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $642,181.09 Amount 89,566.00 53,635.76 72,238.27 113,786.19 Explanation Refund of T&A Deposit # 1852 NC Storm Water 2013-14 Public Works Relocation Street Gas & Electric Utilities APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: !Ratification of warrants in the amount of $642,181.09 BOARD / COMMISSION RECOMMENDATION: N/A) ATTACHMENTS: Warrant Register #9 PAYEE JOHN S LYONS FOUNDATION ALLIANT INSURANCE SVCS INC 49ER COMMUNICATIONS INC A 1 SOLAR POWER A VIDOVICH CONSTRUCTION A.M. ORTEGA CONSTRUCTION INC ALL FRESH PRODUCTS ARJIS AT&T MCI BAUMGARTNER, K BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BROADWAY AUTO ELECTRIC BROADWAY AUTO GLASS BUTTS, T CALIFORNIA ELECTRIC SUPPLY CALIFORNIA PEER SUPPORT ASSOC CAMEON, C "y1CAGO TITLE COMPANY ( OF SAN DIEGO .,OUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY CSAC EXCESS INS AUTHORITY CYBRARYN SOLUTIONS DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DEPARTMENT OF JUSTICE D-MAX ENGINEERING D-MAX ENGINEERING ECOLAB EMPLOYMENT DEVELOP DEPT ERGOGENESIS LLC ESGIL CORPORATION EVISTA INDUSTRIES, INC. EXPRESS PIPE AND SUPPLY CO INC FASTSIGNS FEDEX FUN FLICKS GEOSYNTEC CONSULTANTS INC GNAU & TAMEZ LAW GROUP LLP GRAINGER GROSSMAN PSYCHOLOGICAL GW SCHOOL SUPPLY KRIS & ASSOCIATES INC ,NEYWELL ANALYTICS INC HONEYWELL INTERNATIONAL INC HYDRO SCAPE PRODUCTS INC INTERNATIONAL CODE COUNCIL JERAULDS CAR CARE CENTER JJJ ENTERPRISES WARRANT REGISTER # 9 8/26/2014 DESCRIPTION 32 ANNUAL MEMORIAL BANQUET / CANO LIABILITY INSURANCE FUND BENDIX KING COMMAND VERSION 500 CHANNEL REFUND - PLAN CHECK/INSPECTION FEES REFUND - T&A 90065 2835 HIGHLAND AVE REFUND T&A 1842 - 1240 PALM AVE FOOD / NUTRITION CENTER ESUN ANNUAL OPERATIONAL COST SBC AT&T PHONE SERVICE FY15 REFUND: T&A #1852 MOP 67727 METAL NAME TAGS - PD WEARING APPAREL ELECTRICAL PARTS FOR CITY VEHICLES 1- MATERIALS WINDSHIELD REIMB / TRAINING CERTIFICATE / FIRE MOP#45698 ELECTRICAL MATERIALS TUITION: 19TH ANNUAL TRAINING CONFERENCE SUBSISTENCE: 19TH ANNUAL TRAINING TITLE REPORTS TRANSPORTATION AND TREATMENT OF SEWER HIRT MEMBERSHIP FEE CDBG EXPENSE REIMBURSEMENT / GRANTS EXCESS WC INSURANCE ANNUAL LICENSE RENEWAL TIRES FOR CITY FLEET AS NEEDED FOR FY REMOVE/INSTALL GLASS MOUNT ANTENNA NEW EMPLOYEE FINGERPRINT TEST NC STORM WATER 2013-14 SHERLY LANE CHEMICAL SUPPLIES / NUTRITION EMPL DEVELOPMENT DEPT ERGONOMIC CHAIR & TASK CHAIR PLAN CHECK AND INSPECTION SERVICES LEAD & ASBESTOS PRE -RENOVATION INSPECTION CITY-WIDE PLUMBING PARTS & MATERIALS NO SMOKING SIGN EL TOYON PARK SUMMER MOVIES IN THE PARK AUGUST 8, 2014 EDUCATION VILLAGE LIABILITY CLAIM COSTS MOP#65179 BUILDINGS AND STRUCTURES PRE -EMPLOYMENT EXAMS / POLICE SUPPLIES FOR TINY TOTS ADA ENHANCE HIGHLAND 54-21-A10-CT22. POSI CALIBRATION / FIRE EXHAUST FAN SHUTTER REPLACED MOP#45720 WATER PIPE VALVES & FITTINGS 2013 CAL DAG BOOK FOR BLDG DEPT R & M CITY VEHICLES AS NEEDED FOR FY CITY-WIDE ALARM MONITORING CHK NO DATE 313788 8/21/14 313789 8/26/14 313790 8/26/14 313791 8/26/14 313792 8/26/14 313793 8/26/14 313794 8/26/14 313795 8/26/14 313796 8/26/14 313797 8/26/14 313798 8/26/14 313799 8/26/14 313800 8/26/14 313801 8/26/14 313802 8/26/14 313803 8/26/14 313804 8/26/14 313805 8/26/14 313806 8/26/14 313807 8/26/14 313808 8/26/14 313809 8/26/14 313810 8/26/14 313811 8/26/14 313812 8/26/14 313813 8/26/14 313814 8/26/14 313815 8/26/14 313816 8/26/14 313817 8/26/14 313818 8/26/14 313819 8/26/14 313820 8/26/14 313821 8/26/14 313822 8/26/14 313823 8/26/14 313824 8/26/14 313825 8/26/14 313826 8/26/14 313827 8/26/14 313828 8/26/14 313829 8/26/14 313830 8/26/14 313831 8/26/14 313832 8/26/14 313833 8/26/14 313834 8/26/14 313835 8/26/14 313836 8/26/14 313837 8/26/14 1/3 AMOUNT 150.00 266.00 4,682.55 252.00 3,000.00 ' 2,866.24 1,606.39 11,970.00 78.29 89, 566.00 25.92 579.09 1,033.13 296.68 40.00 64.51 675.00 333.09 750.00 934.85 42,184.02 7,534.33 2,610.00. 1,139.95 804.84 250.14 770.00 53,635.76 1,177.50 164.64 9,055.00 689.61 2,798.50 399.00 246.69 88.29 116.46 408.00 2,436.94 15,000.00 1,685.23 750.00 1,186.22 5,464.26 600.00 1,653.61 47.25 74.07 1,075.35 1,410.00 PAYEE JOHNSON,S KELLY PAPER CO KIMLEY HORN AND ASSOC INC KONICA MINOLTA LEAGUE OF CA CITIES LIFELOC TECHNOLOGIES MCDOUGAL LOVE ECKIS MCGOUGH, J MEYERS NAVE MOSSY NISSAN MUSTAFA MUNAWAR NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL DATE STAMP NC8 LLC NGUOI VIET TODAY NEWS ORKIN PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PROFORCE LAW ENFORCEMENT PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS RAUCH DETISCH & STEINKE REDWING SHOES RODRIGUEZ, M SAFRAN MORPHOTRUST SD COUNTY FIRE CHIEFS ASSN SD COUNTY POLICE CHIEFS SDG&E SEAPORT MEAT COMPANY SHINN, D SIGNA DIGITAL SOLUTIONS INC SMART & FINAL SMART SOURCE OF CA LLC SOUTH BAY FENCE INC SOUTH BAY WINDOW & GLASS CO SPEX CRIMINALISTICS STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STEWARTS TITLE OF CALIFORNIA SWANK MOTION PICTURES INC SYSCO SAN DIEGO INC THE ENGRAVING STORE THE FILIPINO PRESS THE LEW EDWARDS GROUP THOMSON WEST WARRANT REGISTER # 9 8/26/2014 DESCRIPTION REIMB TINY TOTS SUPPLIES 3-NEENAH ASTROBRIGHT CARDSTOCK A AVENUE COPIER LEASE 7/1/14 - 7/31/14 2014 LEAGUE OF CA CITIES CONF / NATIVIDAD CALIBRATE AND TEST PAS DEVICE SERIAL LIABILITY CLAIM COSTS SUBSISTENCE: FIELD TRAINING OFFICER LEGAL / BUSINESS AMORTIZATION HEARING PARTS (OIL FILTER, OIL, FLUIDS) REFUND - T&A 90028 2702 C AVE AUTOMOTIVE EQUIPMENT CAR WASHES FOR CITY FLEET RIBBON REPLACEMENT FOR DATE STAMP REFUND: T&A 1795 2331 I AVE NOTICE OF ELECTION (VIETNAMESE) PEST CONTROL PACIFIC TELEMANAGEMENT PAY PHONE JANITORIAL SUPPLIES / NUTRITON CENTER R & M CITY VEHICLES AS NEEDED FOR FY AUTOMOTIVE PARTS MOP# 45707 MATERIALS AND SUPPLIES TASER X26E NO HOLSTER PUBLIC WORKS RELOCATION MOP 45742. LAUNDRY SERVICES / PARKS QUESTYS SOFTWARE SUPPORT SVCS PLAZA BLVD., WIDENING PROJECT SAFETY FOOTWEAR BOOTS BROWN REIMB - FBINAA 2014 ANNUAL TRAINING INVESTIGATIVE SERVICES ANNUAL MEMBERSHIP / POLICE MEMBERSHIP RENEWAL / POLICE STREET DIVISION GAS & ELECTRIC CHARGES MEATS / NUTRITION CENTER REIMB: TINY TOTS SUPPLIES REPAIR CANON IPF755 MOP 45756. SUPPLIES FOR FIRE DEPT FY2013/14 PRINTING OF BUDGET BOOKS CITY-WIDE FENCE INSTALLATION & REPAIRS CITY-WIDE WINDOW/DOOR/MIRROR LAB SUPPLIES RFQ #1140 WILSON & HOOVER FIBER OPT. MOP 45704. OFFICE SUPPLIES / CITY ATTORN 727585 TITLE REPORTS MOVIE LICENSE - MOVIES IN THE PARK CONSUMABLES / NUTRITION CENTER FLAG BOXES, McMARTIN, VILLAGOMEZ, BENDIX NOTICE OF ELECTION (TAGALOG) STRATEGIC ANALYSIS ONLINE LEGAL RESEARCH Y13 CHK NO DATE AMOUNT 31383E 8/26/14 143.69 313839 8/26/14 137.07 313840 8/26/14 24,397.53 313841 8/26/14 9,107.14 313842 8/26/14 550.00 313843 8/26/14 109.71 313844 8/26/14 9,538.13 313845 8/26/14 640.00 313846 8/26/14 375.00 313847 8/26/14 61.36 313848 8/26/14 20.000.00 313849 8/26/14 678.30 313850 8/26/14 1,005.00 313851 8/26/14 21.44 313852 8/26/14 38.72 313853 8/26/14 30.00 313854 8/26/14 751.46 313855 6/26/14 228.00 313856 8/26/14 106.65 313857 8/26/14 2,1 313858 8/26/14 313859 8/26/14 553.86 313860 8/26/14 9,624.42 313861 8/26/14 72,238.27 313862 8/26/14 358.43 313863 8/26/14 13,716.85 313864 8/26/14 156.84 313865 8/26/14 375.00 313866 8/26/14 450.00 313867 8/26/14 46.00 313869 8/26/14 100.00 313870 8/26/14 350.00 313871 8/26/14 113,786.19 313872 8/26/14 3,115.16 313873 8/26/14 61.61 313874 8/26/14 893.73 313875 8/26/14 151.83 313876 8/26/14 1,682.31 313877 8/26/14 925.00 313878 8/26/14 553.20 313879 8/26/14 32.75 313880 8/26/14 6,062.50 313881 8/26/14 513.46 313882 8/26/14 2,85" "0 313883 8/26/14 313884 8/26/14 2, 313885 8/26/14 306.47 313886 8/26/14 40.00 313887 8/26/14 3,246.75 313888 8/26/14 798.72 PAYEE LIEDIKE, T TIP OF SAN DIEGO COUNTY TODD PIPE & SUPPLY LLC TORRES, E U S HEALTHWORKS UNDERGROUND SERVICE ALERT UNION TRIBUNE UNITED RENTALS UNITED ROTARY BRUSH CORP V & V MANUFACTURING VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VINTNERS DISTRIBUTORS INC VISION SERVICE PLAN (CA) VISTA PAINT WAXIE SANITARY SUPPLY WESLEY ANDERSON WEST PAYMENT CENTER 7ST PAYMENT CENTER :STFLEX INDUSTRIAL WIRED PAYMENTS TRISTAR RISK MANAGEMENT WARRANT REGISTER # 9 8/26/2014 DESCRIPTION REFUND: T&A 90050 3747 KELLIE CT CDBG EXPENSE REIMBURSEMENT/GRANTS PLUMBING MATERIALS, PARTS, AND SUPPLIES ZUMBA CLASS FY 2014 MEDICAL SERVICES UNDERGROUND SERVICE ALERT CHARGES SOQ GUARANTEED ENERGY YARD CONCRETE BATCH PLANT MIX STREET SWEEPER REPAIRS BADGES / POLICE MOP#46453 PLUMBING MATERIALS VERIZON CELL SERVICE FY14 REFUND: T&A 1778 1601 8TH ST. E VISION SVC PLAN (CA) AUG 2014 MOP 68834 PAINT CONCRETE GRAY - NSD MISCELLANEOUS JANITORIAL SUPPLIES SUBSISTENCE: CA PEER SUPPORT WESTLAW FOR THE MONTH OF MAY CLEAR INVESTIGATIVE DATABASES/JUL 2014 REPAIR - REPACKING KIT FOR MSS-55 JULY 2014 WC REPLENISHMENT GRAND TOTAL 3/3 CHK NO DATE AMOUNT 313889 8/26/14 1,000.00 313890 8/26/14 8,000.00 313891 8/26/14 757.54 313892 8/26/14 228.00 313893 8/26/14 81.00 313894 8/26/14 355.50 313895 8/26/14 410.00 313896 8/26/14 190.80 313897 8/26/14 1,789.95 313898 8/26/14 613.15 313899 8/26/14 405.42 313900 8/26/14 410.40 313901 8/26/14 1,939.75 313902 8/26/14 269.07 313903 8/26/14 2,219.36 313904 8/26/14 2,055.50 313905 8/26/14 333.09 313906 8/26/14 782.72 313907 8/26/14 464.21 313908 8/26/14 1,041.42 AIP Total 622899 8/21/14 604,704.89 37,476.20 $ 642,181.09 Certification 1N ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK RIBERTS,' INANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR=CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 7th OF OCTOBER, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 116 ITEM TITLE: arrant Register #10 for the period of 8/27/14 through 9/02/14 in the amount of $3,540,187.67 (Finance) PREPARED BY: 'K. Apalategui PHONE:'619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 8/27/14 through 9/02/14. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Kimley Horn and Assoc Esgil Corporation Health Net Inc Kaiser Foundation Safdie Rabines Architects Stack Traffic Consulting San Diego Co Auditor Public Emp Ret System Check/Wire 313911 313946 313960 313970 314011 314022 634255 8292014 Amount 187,054.12 56,954.65 61,667.79 167,364.26 102,229.41 71,439.24 572,596.00 313,583.93 DEPARTMENT: Financ Explanation A Avenue Project Plan check and Inspection Svcs Insurance R1191A Sep 2014 Insurance Active Sep 2014 National City Aquatic Center Kimball Park Project LMIHF DDR MC Determination Service Period 8/5/14 — 8/18/14 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $3,540,187.67 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratification of warrants in the amount of $3,540,187.67 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #10 PAYEE ATKINS NORTH AMERICA INC HARRIS & ASSOCIATES INC KIMLEY HORN AND ASSOC INC NINYO & MOORE SOUTHERN CALIFORNIA SOIL & ACEDO, I ACME SAFETY & SUPPLY CORP ALLEN, R ANDERSON, E BEARD, P BECK, L BEVERIDGE, M BISHOP, R BOEGLER, C BOYD, P BROADWAY AUTO GLASS CAPF CALIFORNIA LAW ENFORCEMENT -.TY OF SAN DIEGO _E, L L.ONDON, D CORPUZ, T COUNTY OF SAN DIEGO DALEY & HEFT LLP DANESHFAR, Z DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A DOUG DAUGHN T & D ELECTRIC DREDGE, J DREW FORD HYUNDAI EISER III, G ESGIL CORPORATION FABINSKI, D FAT PIPE NETWORKS FON-JON KENNELS GELSKEY, K GIBBS JR, R 41NGER .EEN MECHANICAL CONTRACTORS GUNDERT, M HANSON, E HAUG, S HEALTH NET HEALTH NET 1/4 WARRANT REGISTER #10 9/2/2014 DESCRIPTION CHK NO DATE AMOUNT NC TAX ROLL PREP 2014 313909 9/2/14 8,729.50 EL TOYON PARK PLAN CHECK 313910 9/2/14 7,915.00 A AVENUE PROJECT 313911 9/2/14 187,054.12 AQUATIC CTR SOIL TESTING 313912 9/2/14 12,909.00 8TH SMART GROWTH 313913 9/2/14 5,877.50 RETIREE HEALTH BENEFITS SEP 2014 313914 9/2/14 160.00 28 - CONES 313915 9/2/14 497.48 RETIREE HEALTH BENEFITS SEP 2014 313916 9/2/14 125.00 RETIREE HEALTH BENEFITS SEP 2014 313917 9/2/14 110.00 RETIREE HEALTH BENEFITS SEP 2014 313918 9/2/14 70.00 RETIREE HEALTH BENEFITS SEP 2014 313919 9/2/14 140.00 ED REIMBURSEMENT 313920 9/2/14 165.00 RETIREE HEALTH BENEFITS SEP 2014 313921 9/2/14 110.00 RETIREE HEALTH BENEFITS SEP 2014 313922 9/2/14 260.00 RETIREE HEALTH BENEFITS SEP 2014 313923 9/2/14 145.00 LEFT SIDE MIRROR DRIVER SIDE 313924 9/2/14 52.92 FIRE LTD SEPTEMBER 2014 313925 9/2/14 624.00 PD LTD SEPTEMBER 2014 313926 9/2/14 1,984.50 REPLACE RADIO CASES 313927 9/2/14 305.80 RETIREE HEALTH BENEFITS SEP 2014 313928 9/2/14 165.00 RETIREE HEALTH BENEFITS SEP 2014 313929 9/2/14 280.00 RETIREE HEALTH BENEFITS SEP 2014 313930 9/2/14 140.00 SHARE OF PC REVENUE - JULY 2014 313931 9/2/14 12,299.00 LIABILITY CLAIM COSTS 313932 9/2/14 6,978.55 RETIREE HEALTH BENEFITS SEP 2014 313933 9/2/14 250.00 MOP# 76986 TIRES 313934 9/2/14 658.57 DENTAL INS PREMIER SEP 2014 313935 9/2/14 14,290.68 COBRA DENTAL INS - JULY 2014 313936 9/2/14 132.07 PMI DENTAL INS SEP 2014 313937 9/2/14 2,887.50 COBRA DENTAL INS - JULY 2014 313938 9/2/14 33.00 INVESTIGATIVE SERVICES - JULY 2014 313939 9/2/14 258.00 RETIREE HEALTH BENEFITS SEP 2014 313940 9/2/14 110.00 RETIREE HEALTH BENEFITS SEP 2014 313941 9/2/14 70.00 REFUND - INSPECTION FEE PERMIT#72721 313942 9/2/14 372.00 RETIREE HEALTH BENEFITS SEP 2014 313943 9/2/14 250.00 MOP#49078 AUTOMOTIVE PARTS 313944 9/2/14 275.11 RETIREE HEALTH BENEFITS SEP 2014 313945 9/2/14 250.00 PLAN CHECK AND INSPECTION SERVICES 313946 9/2/14 56,954.65 RETIREE HEALTH BENEFITS SEP 2014 313947 9/2/14 220.00 FATPIPE RENEWAL 313948 9/2/14 2,640.00 KENNEL FEES FOR POLICE K9'S 313949 9/2/14 422.50 RETIREE HEALTH BENEFITS SEP 2014 313950 9/2/14 115.00 RETIREE HEALTH BENEFITS SEP 2014 313951 9/2/14 120.00 MOP# 65179 BUILDINGS AND STRUCTURES 313952 9/2/14 1,439.36 CITY-WIDE HVAC REPAIRS AND REPLACEMENT 313953 9/2/14 2,626.25 RETIREE HEALTH BENEFITS SEP 2014 313954 9/2/14 350.00 RETIREE HEALTH BENEFITS SEP 2014 313955 9/2/14 135.00 RETIREE HEALTH BENEFITS SEP 2014 313956 9/2/14 120.00 HEALTH FULL NETWORK 57135A SEP'14 313957 9/2/14 5,153.90 HEALTH NET INS N5992F/57135J SEP'14 313958 9/2/14 1,528.85 PAYEE HEALTH NET HEALTH NET INC HERNANDEZ, A HODGES, B HOME DEPOT CREDIT SVCS HONDO, E HONEYWELL INTERNATIONAL INC JAMES, R BARTOLO, J JOHN'S LOCK & SAFE SERVICE JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KIMLEY HORN AND ASSOC INC L N CURTIS & SONS LANDA, A LIMFUECO, M LOUNSBERY FERGUSON MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R MURRAY, J MYERS, B NATIONAL CONSTRUCTION RENTAL NOSAL, W NOTEWARE, D OCHOA, I OFFICE SOLUTIONS BUSINESS OLIVEWOOD GARDENS ORKIN PAUU JR, P PEASE JR, D PERRY FORD PERRY MOTORS OF NAT CITY LLC PETERS, S POST, R POTTER, C POWERSTRIDE BATTERY CO INC PRENDELL, E PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY R J SAFETY SUPPLY RAY, S RESTORATION MANAGEMENT CO ROARK, L WARRANT REGISTER #10 9/2/2014 DESCRIPTION HEALTHNET INS N5992A SEP 2014 HEALTH NET INS R1192A SEP 2014 EDUCATIONAL REIMBURSEMENT RETIREE HEALTH BENEFITS SEP 2014 SCREW DRIVERSET RETIREE HEALTH BENEFITS SEP 2014 CITY-WIDE HVAC MAINTENANCE FOR FY 2015 RETIREE HEALTH BENEFITS SEP 2014 REFUND OF PERMIT FEE OPEN SAFE PER SEARCH WARRANT RETIREE HEALTH BENEFITS SEP 2014 KAISER INSURANCE ACTIVE SEP 2014 KAISER RETIREES INS SEP 2014 KAISER RETIREES INS SEP 2014 KAISER H S A INS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ATP GRANT APPLICATIONS EMS JACKETS, POLY NAVY RETIREE HEALTH BENEFITS SEP2014__ RETIREE HEALTH BENEFITS SEP 2014 PROFESSIONAL SERVICES - JULY 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 FENCE RENTAL FOR PALM PLAZA PROJECT RETIREMENT SETTLEMENT SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ALERA VEON EXEC HI -BACK CHAIR SEEDLING SOIREE PEST CONTROL SERVICES RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP#45703 AUTOMOTIVE EQUIPMENT LABOR- CHANGE OIL AND FILTER RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP# 67839 MILEAGE REIMB - CSMFO TRAINING MOP# 45707 PLUMBING MATERIALS 8TH ST SAFETY ENHANCE MOP# 45742 LAUNDRY AND CLEANING SERVICES PRO STRETCH SHOCK LANYARD RETIREE HEALTH BENEFITS SEP 2014 LEAD ABATEMENT RETIREE HEALTH BENEFITS SEP 2014 2/4 CHK NO DATE AMOUNT 313959 9/2/14 525.07 313960 9/2/14 61,667.79 313961 9/2/14 1,728.00 313962 9/2/14 200.00 313963 9/2/14 238.53 313964 9/2/14 110.00 313965 9/2/14 33,965.63 313966 9/2/14 140.00 313967 9/2/14 162.50 313968 9/2/14 325.00 313969 9/2/14 50.00 313970 9/2/14 167,364.26 313971 9/2/14 19,859.91 313972 9/2/14 10,346.37 313973 9/2/14 3,342.85 313974 9/2/14 300.00 313975 9/2/14 21,359.98 313976 9/2/14 7,215.80 313977 9/2/14 15c n0 313978 9/2/14 313979 9/2/14 313980 9/2/14 130.00 313981 9/2/14 100.00 313982 9/2/14 280:00 313983 9/2/14 105.00 313984 9/2/14 150.00 313985 9/2/14 140.00 313986 9/2/14 790.70 313987 9/2/14 1,217.74 313988 9/2/14 120.00 313989 9/2/14 125.00 313990 9/2/14 248.52 313991 9/2/14 60.00 313992 9/2/14 350.00 313993 9/2/14 340.00 313994 9/2/14 140.00 313995 9/2/14 46.15 313996 9/2/14 168.80 313997 9/2/14 290.00 313998 9/2/14 280.00 313999 9/2/14 150.00 314000 9/2/14 219.53 314001 9/2/14 19.60 314002 9/2/14 314003 9/2/14 36, 314004 9/2/14 1,u3 r .0 i 314005 9/2/14 83.39 314006 9/2/14 190.00 314007 9/2/14 6,493.78 314008 9/2/14 135.00 PAYEE ROE, V RUIZ, J SAFDIE RABINES ARCHITECTS SAFRAN MORPHOTRUST SDCTOA SERVATIUS, J SHORT, C SMART & FINAL SMART SOURCE OF CA LLC SMITH, J SOUTH BAY MOTORSPORTS SOUTHERN CALIFORNIA SOIL SPRINT STACK TRAFFIC CONSULTING INC STAPLES ADVANTAGE STRASEN, W SUN BADGE COMPANY INC SWEETWATER AUTHORITY 4E LINCOLN NATIONAL LIFE INS TON, B TORRES, E TRIVIZ, R U S HEALTHWORKS URIAS, N URS CORPORATION VCA EMERGENCY ANIMAL HOSPITAL CORTES, V WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WHITE, J WILLY'S ELECTRONIC SUPPLY ZIETLOW, D ALDEMCO BANK OF AMERICA PUBLIC & BEAUCHAMP FAMILY COMMERCIAL BEVERIDGE, M CITY NATIONAL BANK CLAIMS MANAGEMENT ASSOCIATES COX COMMUNICATIONS DUNBAR ARMORED INC GUITAR CENTER STORES INC LOPEZ, T MASON'S SAW & 'DOUGAL LOVE ECKIS ..DOUGAL LOVE ECKIS POWER PLUS PUN & MCGEADY SAN DIEGO GAS & ELECTRIC SDG&E STAPLES ADVANTAGE WARRANT REGISTER #10 9/2/2014 DESCRIPTION RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 NATIONAL CITY AQUATIC CTR INVESTIGATIVE SERVICES ANNUAL MEMBERSHIP DUES RETIREE HEALTH BENEFITS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 MOP 45756 MISC SUPPLY - FIRE NOTICE OF CORRECTION FORM RETIREE HEALTH BENEFITS SEP 2014 R & M CITY VEHICLES AS NEEDED FY 2014 8TH ST SAFETY ENHANCE PHONE SERVICE KIMBALL PARK MOP 45704 OFFICE SUPPLIES - S8 RETIREE HEALTH BENEFITS SEP 2014 TWO TONE CAP PIECE, SINGLE POST FACILITIES DIVISION WATER BILL FOR FY LIFE & AD&D STD LTD INS SEP 2014 RETIREE HEALTH BENEFITS SEP 2014 ZUMBA CLASSES - AUG 2014 RETIREE HEALTH BENEFITS SEP 2014 MEDICAL SERVICES RETIREE HEALTH BENEFITS SEP 2014 KIMBALL MORGAN TOWERS STRAY ANIMAL VET CARE REFUND - PERMIT FEES #71016 MISCELLANEOUS JANITORIAL SUPPLIES CA CODE UPDATES RETIREE HEALTH BENEFITS SEP 2014 MOP 45763 MISC SUPPLIES - FIRE RETIREE HEALTH BENEFITS SEP 2014 CONSUMABLES / NUTRITION CAT LOADER EQUIPMENT LEASE AUGUST LEASE PAYMENT / 1640 HOOVER AVE EDUCATIONAL REIMBURSEMENT LEASE PAYMENT #10-005/ ENERGY RETRO RISK MANAGEMENT SVCS / AUG 2014 COX INTERNET SERVICES FY15 ARMORED SERVICES / FINANCE MACKIE PROFX12 12CH COMPACT FX MIXER TRANSLATION SERVICES - 8/05/14 & 8/20/14 MOP 45729. SUPPLIES FOR PARKS DEPT LEGAL / NC ADV GENERAL BEAD LIABILITY CLAIMS COSTS EQUIPMENT RENTAL / S A AUDITING SERVICES / FINANCE GAS & ELECTRIC / NUTRITION CENTER GAS AND ELECTRIC UTILITIES / S A MOP 45704. OFFICE SUPPLIES / RISK CHK NO DATE 314009 9/2/14 314010 9/2/14 314011 9/2/14 314012 9/2/14 314013 9/2/14 314014 9/2/14 314015 9/2/14 314016 9/2/14 314017 9/2/14 314018 9/2/14 314019 9/2/14 314020 9/2/14 314021 9/2/14 314022 9/2/14 314023 9/2/14 314024 9/2/14 314025 9/2/14 314026 9/2/14 314027 9/2/14 314028 9/2/14 314029 9/2/14 314030 9/2/14 314031 9/2/14 314032 9/2/14 314033 9/2/14 314034 9/2/14 314035 9/2/14 314036 9/2/14 314037 9/2/14 314038 9/2/14 314039 9/2/14 314040 9/2/14 314041 9/2/14 314042 9/2/14 314043 9/2/14 314044 9/2/14 314045 9/2/14 314046 9/2/14 314047 9/2/14 314048 9/2/14 314049 9/2/14 314050 9/2/14 314051 9/2/14 314052 9/2/14 314053 9/2/14 314054 9/2/14 314055 9/2/14 314056 9/2/14 314057 9/2/14 314058 9/2/14 3/4 AMOUNT 120.00 310.00 102,229.41 14.00 50.00 340.00 300.00 276.60 518.21 320.00 767.99 11,778.00 23.10 71,439.24 331.01 135.00 67.59 27.71 8,892.78 250.00 8.00 135.00 175.00 125.00 782.00 140.08 498.00 2,247.22 320.03 230.00 69.18 150.00 4,976.52 3,077.02 6,600.00 225.00 43,101.10 4,965.00 3,094.66 548.97 304.49 350.00 1,430.03 5,449.75 2,685.00 195.00 5,000.00 3,143.47 194.62 35.53 4/4 WARRANT EGISTER- 0 9/2/2014 PAYEE DESCRIPTION CHK NO PATE AMOUNT SYSCO SAN DIEGO INC CONSUMABLES / NUTRITION CENTER 314059 9/2/14 4,923.35 TURF STAR GROUNDSMASTER 3280D 2WD DIESEL 24.8HP 314060 9/2/14 41,517.23 URBAN FUTURES FINANCIAL ADVISORY SERVICES 314061 9/2/14 337.50 ZIONS BANK LEASE PAYMENT / 800 MHZ EQUIPMENT 314062 9/2/14 48,678.25 WIRED PAYMENTS SAN DIEGO COUNTY AUDITOR PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period 18 LMIHF DDR MC DETERMINATION SERVICE PERIOD 08/05/14 - 08/18/14 Start Date End Date 8/27/2014 9/2/2014 Start Date End Date Check Date 8/19/2014 9/1/2014 9/10/2014 GRAND TOTAL A/P Total 1,103,460.91 634255 8/27/14 572,596.00 8292014 8/29/14 313,583.93 696,883.73 853,663.10 $ 3�4'7 41 • Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBER, FINANC LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN LUIS NATIVIDAD, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 7d' OF OCTOBER, 2014. AYES NAYS ABSENT CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 17 ITEM TITLE: Public Hearing — Modification of a Previously Approved Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535 National City Blvd. (Applicant Paradise Creek Holding Corporation) (Case File/2�012-03 S, DSP) PREPARED BY: (Martin Feeder, AICP DEPARTMENT: P PHONE: 1336-4313 APPROVED BY: EXPLANATION: The project site is the block south of the National City Library in Development Zone 13 of the Downtown Specific Plan. The approximately 1.92 acres site is comprised of four parcels on the east side of National City Blvd. between 15th and 16th Streets and adjacent to Kimball Park. A Tentative Subdivision Map and Consistency Review were approved in 2006 for a 6-story 306-unit condominium building with 334 parking spaces and 3,800 square feet of commercial space. A Street Vacation was also processed for the alley bisecting the property and for the southerly 40 feet of the 15th Street right-of-way (currently 65 feet wide). The original project included a "paseo", which took up the remaining 25 feet of 15th Street. A subsequent approved design in 2008 reduced the project to four stories, 222 units, and 238 parking spaces. The applicant is now proposing to reduce the scope of the project, remove the paseo, and is asking for the omission/modification of the original Conditions of Approval. The Planning Commission held a public hearing on this item at a special meeting held on September 22, 2014. The Commission recommended approval of the Tentative Subdivision Map and Consistency Review based on attached findings and Conditions of Approval. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. I APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission. BOARD / COMMISSION RECOMMENDATION: Planning Commission recommended approval of the Tentative Subdivision Map and Consistency Review Ayes: Baca, Bush, DeLaPaz, Flores, Pruitt, Alvarado Nays: Garcia Absent: Alvarado, Baca ATTACHMENTS: 1. Background Report 5. PC Resolution No. 20-2014 2. Recommended Findings for Approval/Denial 6. City Council Resolution 2006-265 3. Recommended Conditions of Approval 7. Reduced Plans 4. Location Map BACKGROUND REPORT Project History A Tentative Subdivision Map and Consistency Review were approved in 2006 for a 6- story 306-unit condominium building with 334 parking spaces and 3,800 square feet of commercial space. A subsequent approved design in 2008 reduced the project to four stories, 222 units, and 238 parking spaces. A Street Vacation was processed for the alley bisecting the property and for the southerly 40 feet of 15th Street. The overall right-of-way on 15th Street is 65 feet wide. The street vacation as sought would vacate 40 feet, leaving 25 feet for what was originally designed as a pedestrian walkway, or "paseo". The ordering of the vacation (the last step in the process) was conditioned to be done prior to recordation of the Final Map, which has not yet happened. The street vacation envisioned the paseo for pedestrian access to Kimball Park. Plans for the Paseo have dropped from the proposal, thus the area is proposed to continue as vehicular access. It should be noted that the potential (now proposed) construction of a new parking lot in Kimball Park drove discussions regarding the paseo/no-paseo design. The intent of vacating the 40 feet was to convert the remaining 25 feet to a paseo and to provide alternative parking measures (to replace displaced street parking) in the library parking lot. Although the paseo has been dropped from plans, the applicant has continued to show the 40-foot wide area to be vacated as being used for development, despite this resulting in the removal of street parking on 15th Street. Modification Proposal There are three sections to the requested modification that were presented to Planning Commission: Reduction of the scope of the project Omission/modification of conditions related to: • Paseo Plans. • Library Parking. • Public Art Program. • Green Design. • National City Transit Requirements. New conditions proposed by the applicant related to: • Parking lot construction (proposed Kimball Park lot). • Parking district/access to the future Kimball Park parking lot. • Removal of the skate park east of the project. t Reduction of the scope of the project Since the original approval in 2006, the applicant has reduced the project scope due to changes in market conditions. The site has been reduced from 84,100 to 83,809 square feet due to a one -foot dedication on the north side of the project, which will be made to the City. The number of units has been reduced from 222 to 201 and the parking spaces have been reduced to 232 from 238 spaces. There is now only 2,600 square feet of commercial space proposed. The original design was for 6-story buildings; it is now proposed as a series of 4-story buildings. There are 5 buildings in total. The largest building, Building A, would occupy the front of the project site, spanning the entire frontage of National City Blvd. and about one-third of thel6th Street frontage. This building would consist of 51 residential units (12 one - bedroom; 9 one -bedroom plus den; 30 two -bedroom) on three levels above ground level parking, with a building height of 50-feet. Commercial lease area would be located along National City Boulevard and at the corner of 16th Street. Buildings B through E would be located parallel and east of Building A, spanning most of the property from north to south, and would also be three levels above ground level parking, with a building height of 50-feet. Each building would be separated from the others by vehicle access ways. There are four driveways proposed from 15th Street and two from 16th Street. The easterly driveway on 16th would be left in and right out only. The westerly driveway right out only. Building B would consist of 39 residential units (9 one -bedroom; 30 two -bedroom); Building C 45 units (12 one -bedroom; 12 one -bedroom plus den; 21 two -bedroom); and Building D 42 units (21 one -bedroom; 3 one -bedroom plus den; 18 two-bedroom).The smallest building, Building E, would consist of 24 units (18 one -bedroom; 6 one -bedroom plus den). Project amenities include a 2,270 square -foot interior resident common area located along National City Blvd. on the northwest corner of the building. Downtown Specific Plan Consistency The proposed development continues to be consistent with the land use regulations of the Downtown Specific Plan. The project falls within Development Zone 13, which allows civic uses or mid -rise residential uses. Permitted land uses for the zone include "mid -rise residential". The proposed project would achieve this land use objective. The proposed project is consistent with the development standards of Development Zone 13, which allows a maximum floor area ratio (FAR) of 4:1 and a maximum height of 75- feet. The project totals 213,810 square feet in floor area, which is an FAR of 2.55:1 (the minimum required is 2:1). The tallest building would have a maximum height of 50 feet. The parking requirement for the project is 221 spaces based on the unit mix (bedrooms) and the floor area of the commercial space; the project would provide 227 spaces. Planning Commission concurred with this analysis and determined that the project was consistent with the Downtown Specific Plan. 2 Street/Alley Vacation The original project included the vacation of 40 feet of the south side of 15th Street, and a pedestrian paseo occupying the remaining northerly 25 feet. The applicant is no longer proposing the paseo. This is mainly due to a proposed parking lot to be constructed in Kimball Park in 2015, which would gain access from East 15th Street. Plans now show the remaining 26 feet of right-of-way after the street and alley vacation (after the one -foot dedication back to the City) continuing to be used as a City street. Plans show 20 feet of vehicular access and a four -foot wide sidewalk on the south side of 15th Street. With this plan the sidewalk on the north side of 15th Street would be eliminated and the landscape area adjacent to the library parking lot cut back from eight feet to two feet. Analysis With a 20-foot street there would be no more room for on -street parking, although the future parking lot to be constructed in Kimball Park east of the project will provide approximately 52 parking spaces, which would accommodate the spaces lost. However, it is not appropriate to use parkland to make up for the loss of street parking. The original street vacation was based on the premise that the remainder of the street becomes public pedestrian access to the park. Now that this is no longer happening, the 40-foot vacation no longer serves a public amenity. Although the reduction in the project scope has reduced the number of units, the width of the project is still the same. Staff suggested the applicant increase the height and reduce the width of the proposal, thus reducing or avoiding the need for vacating 40 feet of 15th Street, thus allowing for the sidewalk on the north side of 15th Street to be maintained. However, the applicant stated that due to the proximity of the water table below the project and the type of construction then required to increase the height, added costs would make the project infeasible. Planning Commission discussed the street vacation and stated that street vacation was still warranted. Omission/modification of conditions The applicant is requesting to modify and/or remove five Conditions of Approval related to public improvements for the project. The original language of the conditions is set forth below. The requested changes are in italics. 4. Paseo Plans. The applicant shall submit paseo improvement plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The paseo shall be designed to allow ingress and egress of emergency, maintenance, and service vehicles to the adjacent park. Restroom facilities shall be provided if determined to be feasible and desirable by the City. 3 The applicant is requesting this condition to be omitted due to construction of the parking lot in Kimball Park. Removal of the paseo condition appears reasonable, only if it is no longer part of the project. However, the intent of vacating 40 feet of 15t Street was to convert the remaining 25 feet to a pedestrian walkway (paseo), not a street. Without reconsidering the street vacation, 15m Street would lose all street parking. However, as the Kimball Park Master Plan includes a 52-space parking lot, which would need to rely on 15th Street for access, it makes sense to omit the condition, notwithstanding the need to reassess the street vacation. Planning Commission discussed the proposal and agreed to remove the condition. 5. Library Parking. The applicant shall submit a parking plan for the adjacent library parking lot and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The plans shall include a second driveway approach on National City Boulevard, and a redesign of the parking layout to create the maximum number of parking spaces feasible. The applicant is requesting this condition to be omitted due to the paseo no longer being part of their plan. If the paseo is no longer a part of the project, it also makes sense to delete this condition. Omission of this condition will also avoid disruption of the library parking lot. Planning Commission concurred with this analysis and agreed to remove the condition. 9. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. The applicant wishes to amend this condition to allow payment of an in -lieu fee rather than installation of public art. The applicant most recently proposed to pay an in -lieu fee rather than install an art component as part of the project, although at the Planning Commission the applicant stated that they would likely install a public art component. Most jurisdictions require that the applicant provide an art installation costing no Tess than a half -percent of the project valuation, or pay an in -lieu fee of no less than one percent of the project valuation. Although there is no formal policy in the City, staff has discussed similar percentages in the past and considers this a fair direction. The Condition has been modified to include an in -lieu fee of a half -percent. 4 For reference, the Centro approval included a bond for the lighting of street trees during the holidays, and Harborview Condominiums were able to provide an augmented painted scheme; therefore, other projects have been granted alternative options and staff is in support of an in -lieu fee. The fee is anticipated to be used for an art installation within Kimball Park, although it could be for an alternative project within the Downtown Specific Plan area. Planning Commission concurred with this analysis and agreed to modify the condition. 10.Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. The applicant wishes to amend this condition so as to only require compliance with the requirements of the California Building Code. The applicant does not want this requirement to be mandatory. However, all construction projects are required to meet 'Green' building standards per the California Building Code (CBC). Although the meaning of 'Green Design' at the time of the original approval was likely different (outside normally required building code requirements), the new 'Green' building standards that are part of the 2013 CBC would meet this requirement. The condition has been omitted as requested, although the project is still subject to CBC Green Codes. Planning Commission concurred with this analysis and agreed to remove the condition. 17. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the listed requirements. a) Evaluate the installation of a new bus stop along National City Boulevard near the intersection of 14th Street (Library) or other nearby locations with a shelter, benches, route map and trash containers. This shelter should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. b) Include this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006-6/DSP-2005-1and Centro (Constellation Property Group) S-2006-6/DSP-2005-1. c) The developer should bear all associated costs to implement any Transit recommendations. d) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com)for his review and comments. The applicant wishes to delete this condition as National City Transit no longer exists. 5 This condition was implemented when the City's transit service was provided by National City Transit. This condition contains no language specifically requiring action by an individual applicant, but rather a collective study of whether there would be need for a local shuttle service between major population centers (individual downtown projects). In the event that multiple large condo towers are constructed and occupied, a shuttle service would be beneficial and potentially needed. Although only a handful of major projects have been realized (Centro, Harborview Condominiums, Bayview Towers), in the event previously -approved Downtown Specific Plan (DSP) condo projects are constructed, the same transit needs will still need to be addressed. However, staff will reassess the need for additional transit at that time and coordinate with MTS (Metropolitan Transit System). Planning Commission concurred with this analysis and agreed to remove the condition. New conditions proposed by the applicant The applicant presented a request for three additional conditions as follows: 1. The City of National City shall install and construct parking in Kimball Park East of the project. The parking lot will consist of approximately 52 spaces. Analysis As previously mentioned, the City will be building a 52-space parking lot in Kimball Park east of the project area. The applicant had previously offered to construct the parking lot, but the City will be doing so. Seeing as the City is proposing to construct the parking lot as part of the Kimball Park Master Plan, there is no need for such a condition. Moreover, it would not be appropriate to place such a condition on the City, as the City is not the applicant. Planning Commission concurred with this analysis. No condition was added. 2. The City of National City will initiate an off hour permit parking program for tenants at Park Lofts for library and/or park area parking and for the other future apartment Tots owned in National City by Paradise Creek Holding Corporation and Library Village South Inc. Park Lofts will require approximately 204 permits with an annual fee of approximately $14 per year. Please see EXHIBIT A for sample permit program. Analysis The applicant has expressed the need for additional parking and is seeking an after- hours shared parking agreement for the Kimball Park Parking Lot (when the parking lot is not being utilized). In exchange for such an agreement, the applicant is offering $100,000 towards the parking lot improvements and any additional park amenities. This would be in addition to any development impact fees. However, current Municipal Codes do not allow for public access to parks after 9 p.m.; therefore, no shared parking 6 scenario can be guaranteed at this time and is not included in this permit. Moreover, the applicant would need to initiate a permit parking program, not the City. Staff has concerns related to the shared parking program. Currently, after hours parking is not permitted by the Code. Importantly, the project as designed meets on -site parking requirements and the City Engineer has determined there is sufficient on -street parking available to meet demands. Moreover, there are legal concerns to discuss. Lastly, the policy question remains as to whether the City seeks to have such shared uses of its public park land. A parking lot for the benefit of people using and enjoying Kimball Park is an acceptable use of park property. Generally speaking, permissible park uses are those which offer the public opportunities for relaxation, recreation, educational and/or cultural enrichment, exercise, pleasure, entertainment, and refreshment. The issue here is whether the use of a parking lot in Kimball Park by certain residents of a private development is a permissible use of park land. The case law does not squarely address this question. It does, however, provide guidance in determining what constitutes permissible uses. It is questionable whether the applicant's use would be a permissible use of parkland. In determining whether a use is a proper park use, the primary question is "whether the use in a particular case, and for a designated purpose, is consistent or inconsistent with park purposes." Slavich v. Hamilton, 201 Cal. 299, 303 (1927) (emphasis added); Wattson v. Eldridge, 207 Cal. 314, 320 (1929). A use which would be inconsistent with park purposes or which would unreasonably interfere with the public's enjoyment of the park is impermissible. Simons v. City of Los Angeles, 63 Cal. App. 3d 455, 470 (1976). When analyzing whether a particular use unreasonably interferes with the public's free use and enjoyment of a park, courts tend to focus on three factors: (1) the amount of space occupied by the use relative to the size of the park; (2), the location of the use in the park; and (3) the duration of the use. In City and County of San Francisco v. Linares, 16 Cal. 2d 441 (1940) the court found that the temporary suspension of park surface use for ten months and permanent installation of entrance and exit for underground public parking which occupied six and one-half percent of the park was an insignificant interference with park use. In this instance, the applicant is seeking to use the parking lot at a time when the park is closed to the public. Courts have held that a use on dedicated park land may not exclude members of the public. San Vicente Nursery School v. County of Los Angeles, 147 Cal.App.2d 79, 85 (1956). The court in San Vicente held that the exclusive use of the building and adjacent facilities in a park by a private group constituted an illegal diversion of the Park. The court found that there was an unreasonable exclusion of other members of the public because the primary purpose of the exclusive use was to benefit a limited number people and that such exclusive use by a private group was not a public use or public purpose. Accordingly, that particular use of the park did not contribute to the 7 enjoyment of the park by other members of the public, but detracted from such enjoyment. In this instance, the exclusion would be during hours the park is closed. Uses of parkland that are incidental to park uses, such as those that facilitate or enhance the public's enjoyment of the park, have been upheld. Abbot Kinney Company v. City of Los Angeles, 223 Cal. App. 2d 668, 675 (1963). Accordingly, one looks at whether the use at night detracts or impacts the public's enjoyment of the park. Arguments can be made both ways: that the use is not consistent with park purposes; or, the Park is closed overnight so the private use does not detract from the enjoyment of Kimball Park by members of the public. As discussed above, the determination of whether a use is a permissible park use is determined on a case -by -case basis. A court will look to see if, in this particular case, the exclusive use of the parking lot by the residents of the Project, even if just overnight, is consistent with park purposes. The risk free approach is to not allow the exclusive use of the parking lot. If the City does decide to allow the exclusive use, the legal risk could be reduced by allowing the Project residents to use the parking lot only when the Park is closed; from 9:00 p.m. until 7:00 a.m. It should be noted that the applicant is amenable to non- exclusive use of the parking lot. In other words, the applicant has indicated they are amenable to just having access to use the parking lot after hours without it being exclusive to their residents. Whether this is practical is another matter. In regard to whether this reduces the concern of inconsistent use with park purposes, the case law does not definitively answer this question. In the event that the Planning Commission and/or City Council decide to pursue a shared parking scenario, the operation and enforcement of such an agreement would need to be vetted through appropriate channels. Issues needing to be satisfied would include (but not be limited to) the following: • Any shared parking use would not be exclusive (public purpose as a park shall be maintained). • A Code Amendment initiated and processed by the applicant related to parking lot access after posted no public access hours. • Funds deposited to cover staff time and materials related to processing the Code Amendment. • Consistency with the City's Parking Permit Policy. • Consistency with any potential Parking Management Plan or Parking District in place or expected at that time. • An acceptable plan and ongoing funding source for operation and enforcement. • A usage fee for use of the parking lot. • Defend, indemnify, and hold harmless the City with relation to non-public use of the park. • If subject to challenge, vacation of use of the parking lot after hours subject to court order or within 30 days, whichever is sooner. s Planning Commission concurred with this analysis. The applicant agreed to remove this request and pursue possible parking solutions as outlined in the Downtown Specific Plan 3. The City of National City will remove the skate park east of the project as soon as reasonably practical after building permits are pulled for the project. The applicant would like assurances that the skate park east of the project site will be removed prior to occupancy of the building. They are asking that it be removed within 8 months of building permits being issued. The City has financing in place and is in the process of awarding a contract for the construction of the parking lot, which is expected to begin construction in the summer of 2015. Given that the parking lot will be where the skate park is currently located, no condition is needed. Furthermore, it would not be appropriate to place such a condition on the City. Planning Commission concurred with this analysis. No condition was added. Summary In an effort to move forward with the Park Lofts project, the applicant has reduced the scope of their project, requested modification/omission/addition of conditions of approval. With staff input, the proposed changes recommended by the Planning Commission still meet the intent of the original approval. Additionally, granting of the modifications will allow for the applicants to pursue a project that has been approved for some time. In addition, the project continues to be consistent with the Downtown Specific Plan and will provide for redevelopment of an under-utilized property. The project will, in turn, provide market -rate housing opportunities and jobs to the area. There is, however, still a concern regarding the continued use of the southerly 40 feet of 15th Street, now that the paseo has been omitted from the design. 9 RECOMMENDED FINDINGS FOR APPROVAL 2012-03 S, DSP Park Lofts 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and .implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7 The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. RECOMMENDED FINDINGS FOR DENIAL 2012-03 S, DSP Park Lofts 1. The proposed map is not consistent with the General Plan since recordation of the map would result in the Toss of 40 feet of public street, which would cause loss of street parking and reduce pedestrian access to Kimball Park. 2. The site is not physically suitable for the proposed type of development since the proposed project and all required improvements cannot be provided on site in the current four-story configuration without vacating 40 feet of East 15th Street. 3. The design of the subdivision and the proposed/required improvements will conflict with access adjacent to the property, as removal of the sidewalk adjacent to the City Library and omission of the paseo will result in a reduction of pedestrian access to Kimball Park. 11 RECOMMENDED CONDITIONS OF APPROVAL 2012-03 S, DSP Park Lofts 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit A, Case File No. 2012-03 DSP, S, dated 2/6/2012, except as modified by the Conditions of Approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (2012-03 DSP). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7 Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. The installation shall cost no less than a half -percent of the project valuation. The applicant may also pay an in -lieu fee of no less than a half - percent of the project valuation. 8. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 9. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal 12 storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm - water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 13 g) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineeringreport shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced, unless other funding sources become available that allow altemative options. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) • Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the south side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map 14 o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. s) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. t) The Final Map shall be recorded prior to issuance of any building permit. u) All new property line survey monuments shall be set on private property, unless otherwise approved. v) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 10. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. p) c) The developer shall install streetlights along street and paseo frontages. d) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOA. 11. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements. a) The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the current edition of the National Fire Protection Association (NFPA) Codes and Standards. 15 b) Sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system per NFPA 13, Chapter 7 Section 7.3.2.4 Supervision. A fire alarm system is required. c) Standpipes shall be required at ground level due to zero emergency access. A fire protection engineer shall be contacted for direction on design. d) Circumferential travel, including the area containing tennis courts and the skate park, is required. If no circumferential travel is provided, emergency access through buildings will be required per the CFC Chapter 5 and Appendix D. This comment shall be memorialized on all submitted plans as discussed in meeting which occurred on January 4, 2012 at City Hall. e) If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 12. Building Department Requirements. Plans submitted for construction shall comply with the 2013 editions of the California Accessibility, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 13. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the listed requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 14. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 15. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include 16 compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 16. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, if a landscape maintenance district is formed, the subject property shall be incorporated into the landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 17. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, if a parking district is formed, the subject property shall be incorporated into the parking district and assessed as provided for in the district for purposes for which the district was formed. 18. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 19. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 20. Plans submitted for construction permits shall be in compliance with all required parking standards as set forth in the Land Use Code and/or the Downtown Specific Plan. 21. A faux storefront/window treatments shall be installed along the south and north elevations of each building to the extent feasible. 17 1 1427 1433 12B 1503 1513 1521 1531 1539 1420 1470 12A 1504 1504 1532 MCR-1 1610 1712 Project Area 0:1 CL 1 1 1 1 1 1 1 1 1 Zone Boundary City Library 1401 E. 15th St' 1509 1531 1535 16 13 Kimball! Park. 15 • • 14 • E716th' St- 1605 T • C3) 0) 0 - 1_ 120 :Ft 1620 C.0 E. 17th St RS-2 I Feet 0 75 150 300 APN. 560-100-05 through 08 Planning Commission LocaHon Nil 2012-03 S, DSP 0,04.104 18 RESOLUTION NO. 20-2014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING APPROVAL OF MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP, AND CONSISTENCY REVIEW FOR "PARK LOFTS" LOCATED AT 1509, 1531, 1535 NATIONAL CITY BLVD. APPLICANT: PARADISE CREEK HOLDING CORPORATION CASE FILE. NO. 2012-03 S, DSP WHEREAS, application was made for approval of a Tentative Subdivision Map for a condominium project, 'Park Lofts,' 1509, 1531, 1535 National City Boulevard & 49 East 16th Street within the City of National City on property generally described as follows: LOTS 1 THROUGH 20 IN BLOCK 1 IN THE QUARTER SECTION 154 IN RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF JULY 2, 1888. WHEREAS, the Planning Commission of the City of National City, California, considered said application at duly advertised public hearings held on March 19, 2012 and September 22, 2014, at which time the Planning Commission considered oral and documentary evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2012-03 S, DSP which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence introduced in the staff report and public hearing for said Tentative Subdivision Map support the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 19 Resolution No. 20-2014 September 22, 2014 Page 2 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and ail required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. 20 Resolution No. 20-2014 September 22, 2014 Page 3 BE IT FURTHER RESOLVED that the Planning Commission has considered that the Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, the Planning Commission hereby recommends approval of said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit A, Case File No. 2012-03 DSP, S, dated 2/6/2012, except as modified by the Conditions of Approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (2012-03 DSP, S). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project 6. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 7. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. The installation shall cost no less than a half -percent of the project valuation. The applicant may also pay an in -lieu fee of no Tess than a half - percent of the project valuation. 8. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the 21 Resolution No. 20-2014 September 22, 2014 Page 4 Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 9. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm - water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. if it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design 22 Resolution No. 20-2014 September 22, 2014 Page 5 of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where dearing, grading, and excavation results in a land disturbance. A construction stomiwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. g) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil beating pressure. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class 1I aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be parr of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced, unless other funding sources become available that allow alternative options. j) A permit shall be obtained from the Engineering Department for ail improvement work within the public right-of-way, and any grading construction on private property. 23 Resolution No. 20-2014 September 22, 2014 Page 6 k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the south side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. s) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. t) The Final Map shall be recorded prior to issuance of any building permit. u) All new property line survey monuments shall be set on private property, unless otherwise approved. 24 Resolution No. 20-2014 September 22, 2014 Page 7 v) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 10. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. c) The developer shall install streetlights along street and paseo frontages. d) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOA. 11. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements. a) The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the current edition of the National Fire Protection Association (NFPA) Codes and Standards. b) Sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system per NFPA 13, Chapter 7 Section 7.3.2.4 Supervision. A fire alarm system is required. c) Standpipes shall be required at ground level due to zero emergency access. A fire protection engineer shall be contacted for direction on design. d) Circumferential travel, including the area containingtennis courts and the skate park, is required. If no circumferential travel is provided, emergency access through buildings will be required per the CFC Chapter 5 and Appendix D. This comment shall be memorialized on all submitted plans as discussed in meeting which occurred on January 4, 2012 at City Hall. e) if a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 12, Building Department Requirements. Plans submitted for construction shall comply with the 2013 editions of the California Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential and Green Codes. 25 Resolution No. 20-2014 September 22, 2014 Page 8 13. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the listed requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 14. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assurne the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 15. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 16. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, if a landscape maintenance district is formed, the subject property shall be incorporated into the landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 17_ Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, if a parking district is formed, the subject property shall be incorporated into the parking district and assessed as provided for in the district for purposes for which the district was formed. 26 Resolution No. 20-2014 September 22, 2014 Page 9 18. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signea by the City Manager of the City of National City prior to recordation. 19. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 20. Plans submitted for construction permits shall be in compliance with all required parking standards as set forth in the Land Use Code and/or the Downtown Specific Plan. 21. A faux storefront/window treatments shall be installed along the south and north elevations of each building to the extent feasible. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 22, 2014 by the following vote: AYES: Bush, Pruitt, Flores, DelaPaz NAYS: Garcia ABSENT: Alvarado, Baca ABSTAIN: CHAIRPERSON 27 (Page 1 of 11) * Revised pursuant to City Council Action on December 19, 2006 RESOLUTION NO. 2006 — 265 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING TENTATIVE SUBDIVISION MAP FOR PARK LOFTS CONDOMINIUMS LOCATION: 1509, 1531, 1535 NATIONAL CITY BOULEVARD AND 49 EAST 16TH STREET APPLICANT: PARADISE CREEK HOLDING CORPORATION CASE FILE NO. S-2006-15 WHEREAS, application was made for approval of a Tentative Subdivision Map for the Park Lofts Condominiums located at 1509, 1531, 1535 National City Boulevard and 49 East 16th Street within the City of National City on property generally described as: LOTS 1 THROUGH 20 IN BLOCK 1 IN THE QUARTER SECTION 154 IN RANCHO DE LA NACION IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP NO. 552 IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY OF JULY 2, 1888. WHEREAS, the Planning Commission considered said application at a public hearing held on November 6, 2006, and by Resolution recommended denial of the application; and WHEREAS, the City Council considered said application at a public hearing held on December 19. 2006, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report prepared for Case File No. S-2006-15, which is maintained by the City and incorporated herein by reference, along with evidence and testimony at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves said Tentative Subdivision Map based on the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 28 (Page 2 of 11) ' Revised pursuant to City Council Action on December 19, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 2 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Govemment Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the City Council has considered that the certified Environmental Impact Report for the Downtown Specific Plan serves as adequate environmental documentation, together with any comments received during the public review process, and finds on the basis of the whole record that that the project was adequately considered by the Environmental Impact Report, which reflects the City's independent judgment and analysis, and hereby authorizes the filing of a Notice of Determination. BE IT FURTHER RESOLVED that based on the findings hereinbefore stated, that the City Council approves said Tentative Subdivision Map subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 29 (Page 3 of 11) Revised pursuant to City Council Action on December 19, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 3 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit (S-2006-15), dated September 21, 2006, except as modified by the conditions of approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (DSP-2006-1). 4. Paseo Plans. The applicant shall submit paseo improvement plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The paseo shall be designed to allow ingress and egress of emergency, maintenance, and service vehicles to the adjacent park . Restroom facilities shall be provided if determined to be feasible and desirable by the City. 5. Library Parking. The applicant shall submit a parking plan for the adjacent library parking lot and shall install and construct all improvements pursuant to the approved plans prior to occupancy. The plans shall include a second driveway approach on National City Boulevard, and a redesign of the parking layout to create the maximum number of parking spaces feasible. 6. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shalt install and construct all improvements pursuant to the approved plans prior to occupancy. 7. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 8. Sion Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 9. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. 10. Green Design. The applicant shall incorporate green design, energy efficiency, waste reduction, recycling, conservation, and sustainable design in the project to the maximum extent feasible. 11. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 30 (Page 4 of 11) * Revised pursuant to City Council Action on December 19, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 4 12. Engineerinq Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the "Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken In accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storrn drain interceptors, darters, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. 31 (Page 5 of 11) • Revised pursuant to City Council Action on December 19, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 5 9) A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. m) A cost estimate for all of the proposed grading, drainage, street improvements. landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the south side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. 32 (Page 6 of 11) Resolution No. 2006 — 265 December 19, 2006 Page 6 P) q) Revised pursuant to City Council Action on December 19, 2006 The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. s) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. t) The Final Map shall be recorded prior to issuance of any building permit. u) All new property line survey monuments shall be set on private property, unless otherwise approved. v) The Final Map shall use the California Coordinate System for its 'Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 13. Public Works Reouirements. The applicant shall comply with all public works requirements, including the listed requirements. a) The developer shall replace the existing sidewalks adjacent to the project. b) Sewer facilities — The developer shall agree to obtain occupancy of the project after the City completes its trunk line upgrade project. c) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. d) The developer shall install streetlights along street and paseo frontages. e) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOP, 14. Fire Department Reouirements. The applicant shall comply with all Fire Department requirements, including the listed requirements. a) Project to be designed, developed and constructed in compliance with the California Fire Code (CFC) 2001 edition or CFC in effect at time of permit issuance and the most current National Fire Protection Association (NFPA) Standards as adopted by the City of National City 33 (Page 7 of 11) * Revised pursuant to City Council Action on December 19, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 7 b) Automatic fire sprinkler system will be required. c) Automatic and manual fire alarm system with communications system will be required. d) Class I standpipe system will be required e) Emergency vehicle access will be required on the north side of the structure. Roadway to have a minimum width of 20 feet with a minimum vertical clearance of 13 feet, 6 inches. Turnaround will be required. f) Clear and easily accessible emergency ingress and egress to and throughout the facility must be provided and maintained. 15. Building Department Requirements. The applicant shall comply with all Building Department requirements, and plans shall comply with the 2001 editions of the California Building Code, the California Mechanical Code, the Califomia Plumbing Code, the Califomia Electrical Code, and Califomia Title 24 energy and handicapped regulations. 16. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the listed requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. 17. National City Transit Requirements. The applicant shall comply with all National City Transit requirements, including the listed requirements. a) Evaluate the installation of a new bus stop along National City Boulevard near the intersection of 14th Street (Library) or other nearby locations with a shelter, benches, route map and trash containers. This shelter should include an electrical lighting component and at least two CCTV security cameras with a direct feed to NCPD. b) Include this stop (and project) in any evaluation of a Green Car -Community circulator shuttle operation such as under consideration with Revolution R2 (Constellation Property Group) S-2006-6/DSP-2005-1 and Centro (Constellation Property Group) S-2006-6/DSP-2005-1. c) The developer should bear all associated costs to implement any Transit recommendations. d) Submit the plans to MTS Planner Mike Daney (mike.daney@sdmts.com) for his review and comments. 34 (Page 8 of 11) • Revised pursuant to City Council Action on December 18, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 8 18. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 19. Propertv Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 20. Business Improvement District. Pursuant to the Implementation Program of the Downtown Specific Plan, the subject property shall be incorporated into the Morgan Square Business Improvement District and assessed as provided for in the district for purposes for which the district was formed. 21. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 22. Parkin District. Pursuant to the Implementation Program of the Downtown Specific Plan, all properties within the boundaries of the Downtown Specific Plan shall be incorporated into a parking district and assessed as provided for in the district for purposes for which the district was formed. 23. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the condHions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 24. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 35 (Page 9 of 11) * Revised pursuant to City Council Action on December 19, 2006 Resolution No. 2006 — 265 December 19, 2006 Page 9 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted forthwith to the applicant; and, BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the clay following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 19th day of Decembt 2006. ATTEST: hael R. al , City Clerk APPROVED AS TO FORM: George H. !ser, III City Attorney Ron Morrison, Mayor 36 (Page 10 of 11) Passed and adopted by the Council of the City of National City, California, on December 19, 2006, by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 City Clthk of the City of tt{Iational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2006-265 of the City of National City, California, passed and adopted by the Council of said City on December 19, 2006. City Clerk of the City of National City, California By: Deputy 37 (Page 11 of 11) April 4, 2007 City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Dalla — City Clerk (619)336-4226 (619) 336-4229 NOTE TO FILE A fully endorsed revised version of RESOLUTION NO. 2006-265, (adopted on December 19, 2006) was provided to the City Clerk's office on April 4, 2007. The revised version contains items approved by the City Council at the December 19th meeting but not reflected in the original version of the Resolution. 38 Ploiklinq P 10n : :n rFr1; N„ y • 13ui1011 ; (" Lit !Minn A T0I 1. .�• trl I1m: •n IAl. :_ INrJ,T.,O n.:kk*.d: C: •nror :N NATIONAL GIT'' BUU1I1/ARD Site (.Development Plan Park Lofts / National City, California 1.9 w CC n Consistency Review Park Lofts at Library Villagc National City. California 50919995.90. 17.04 94, PxkS9s9 I::D9. 1531. 15.35. WMIaNI IA1y 0ouI.. wrvl 99 Earl IOW 91M.'.1 19909lalcay. 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Nn17 IM M aria, x 1M; ..wwn• vw OM MAT( fir .M.L Nitre E P.. CT AR RPY1t; %ACATI 1,64 AC p16119. OWN 1AC1110r I,41 u 1tIL97, 1.81 K, N;r I.!•s AC. IRi T kaCE i R, 0? 11+PR'4if>`I AlI1fFf 1169mu1 My CI N.1.N/M1 MINI t4 .-Il' 11101Cnr+illM1041-64 CGMDZUNILSLITAIlaea 11411 IS A MN' Sr 4.. 11/L gLN)a11117W gNLlC Al EITIMTI IN 1t INNA I,1'1O 1 V Malt M Ch.IrtA11A CITY OF NATIONAL CITY PARK LOFTS AT LIBRARY VILLAGE TENTATIVE MAP NO: CASE NO.: S-2006- I r KAN 7n( '►F LiI Y I+' Lam: G1311141 t1t•4t ARS ___.... 10. ,. .....,... FLIILP141 1.11[ SE11[N 4111h 11041AI1 ri I&O 'A7' 1,PH t— .._.. �...... �.... — CAWING MINI. AND U7[2 d AYIO lE1All Mt"v111 1.111141 *Mot. d / ?RtgttlVr L Ion 14# 4KA 01-04 1A71 ANit3e T'S *LAMS PRWAM41%F41gg0R 100 1%M nor it.Alk r'an,.., j 4 F]" I CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 1.8 ITEM TITLE: Public Hearing — Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 East 35th Street, Suite "A" in the Coastal Zone (Applicant Cortez Cremations and Funeral Services Corporation) (Case File 2014-09 IS) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Pla PHONE: 336-4313 APPROVED BY: EXPLANATION: ;The project site is Southland Industrial Park, located on the south side of West 351h Street west of National City Blvd. and south of State Route 54. The subject property is 4.4 acres in size and is developed with two buildings and 200 plus parking spaces. There are no sensitive uses nearby (residential properties, elementary schools, playgrounds, etc.). The applicant proposes to operate a crematorium, offering human cremation services, in a 2,221 square -foot suite within an existing 47,916 square -foot building. The business is expected to employ 5-7 employees and perform up to six cremations per day. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of September 2, 2014 and set the application for hearing in order to discuss the item. The attached background report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Negative Declaration (2014-09 IS) ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ,Staff concurs with the decision of the Planning Commission.!, BOARD / COMMISSION RECOMMENDATION: !The Planning Commission approved the Conditional Use Permit and Coastal Development Permit. Ayes: Garcia, Baca, Bush, Pruitt, Alvarado Nays: Flores, DeLaPaz ATTACHMENTS: 1. Background Report 2. Recommended Findings for Approval 3. Recommended Conditions of Approval 4. Location Map 5. PC Resolution No. 17-2014 6. Reduced Plans and Site Photos BACKGROUND REPORT The project site is located on the south side of West 35th Street west of National City Blvd. and south of State Route 54 in the Southland Industrial Park, which takes up most of the street. The property on which the building is located is 4.4 acres in size and is developed with two separate buildings and over 200 parking spaces parking spaces. Each building has its own parcel number. The western building is 36,155 square feet and the eastern building 47,916 square feet. The project is one of 19 suites in the eastern building. There are no sensitive uses nearby (residential properties, elementary schools, playgrounds, etc.). The lot is shown on the current zoning map as being in the Light Industrial (IL) zone, and also within the Coastal Zone. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. The applicant is proposing to operate a crematorium, offering human cremation services, which would operate 24 hours a day. The facility would be accessible to customers/clients from 10 a.m. to 7 p.m. daily. The facility will operate in a 2,221 square -foot suite within the existing 47,916 square -foot building. The business is expected to employ 5-7 employees and perform up to six cremations per day. Under the former Land Use Code, a crematorium is a conditionally -allowed use, meaning that a Conditional Use Permit (CUP). There are no design or operating requirements for crematoriums located in the old or the new Code. In addition, no new construction, other than interior tenant improvements, is proposed. Potential impacts are generally related to parking for funeral services and air quality. The existing property has over 200 parking spaces. Based on the maximum of six cremations per day, which is the limitation of the cremator to be used, and the plans showing a maximum occupancy of 48 people, there are no parking or traffic issues expected from the use. Furthermore, although there may be people on site to witness the handling of the cremation process (e.g. families), there are no official services that would occur at this location. Traffic generation data provided by SANDAG (San Diego Association of Governments) indicates that an "industrial plant (multiple shifts)" would generate approximately 10 average daily trips (ADT) per 1,000 square feet. In this case a 2,221 square -foot use would generate about 23 ADT. The property has direct access to National City Blvd., an arterial street, which is below capacity and capable of absorbing the extra vehicle trips. A CEQA checklist (Initial Study) was prepared by staff in association with the proposed project. With the exception of Air Quality, no impacts were expected or discovered, as evidenced by the analyses in the checklist. With regard to Air Quality, the facility will be required to be permitted through the Air Pollution Control District (APCD). Specifically, Project implementation may only occur following issuance of an 'Authority to Construct i and Permit to Operate' by APCD and will be subject to permit conditions limiting or requiring specific actions to ensure compliance with APCD air pollution control requirements, thereby minimizing the impact of any emissions increase and ensuring no significant adverse effect upon ambient air quality. The project applicant will also be subject to periodic inspections by the District to confirm compliance. The proposed project consists of the installation of a new modern cremator within an existing industrial building. Based on the analyses presented in the attached CEQA checklist, it is concluded that the project (a) would not: have the potential to degrade the quality of the environment, impact the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; (b) would not have impacts that are individually limited, but cumulatively considerable; and (c) would not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. As such, it is expected that project implementation would have no impact with respect to these mandatory findings of significance. The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. As part of this discretionary review, the Planning Commission must find that granting of the Coastal Development Permit is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves an industrial use, which is conditionally - allowed in the ML-CZ zone, and will not prohibit coastal access or obstruct views. Comments were received from the Building and Fire Departments. Comments focused on Building and Fire Code requirements, and are included as Conditions of Approval. In addition, there are conditions limiting cremation activities to what is proposed. Additional activities or expansion of proposed operations would require modification of this CUP. A crematorium is a conditionally -permitted use in the ML zone. Potential impacts related to air quality will be addressed by subsequent required permitting through the Air Pollution Control District. The area in which the business would be located is removed from sensitive uses and has ample parking and access to accommodate the use. As a result, the use is not expected to create any impacts. The business would also be required to comply with all applicable federal, state, and/or local regulations. Planning Commission conducted a public hearing on August 19, 2014. Commissioners asked questions related to business practices, the surrounding area, and air quality. The Commission approved the Conditional Use Permit and Coastal Development Permit based on findings and subject to Conditions of Approval contained in the attached Resolution. Council reviewed the Notice of Decision of the Planning Commission's approval at their meeting of September 2, 2014 and set the application for hearing in order to discuss the item. 2 RECOMMENDED FINDINGS FOR APPROVAL 2014-09 CUP, CDP, IS, 100 West 35th Street, Suite "A" 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to National City Blvd., an arterial street and State Route 54, a freeway to accommodate the additional 23 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use, which is conditionally -permitted in the Light Manufacturing zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community who are looking for cremation services. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and provides for a use on an existing industrially - zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. 3 RECOMMENDED CONDITIONS OF APPROVAL 2014-09 CUP, CDP, IS, 100 West 35th Street, Suite "A" General 1. This Conditional Use Permit and Coastal Development Permit authorize a cremation and funeral services business at the property located at 100 West 35th Street, suite "A". Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-09 CUP, CDP, IS, dated 6/11/2014. 2. This Conditional Use Permit and Coastal Development Permit shall take effect until certification of the associated Negative Declaration. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Any existing unpermitted interior improvements shall be legalized and brought up to current codes. Fire 8. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. 9. A separate permit shall be obtained from the National City Fire Department per CFC 904.11 (Commercial Cooking System). 4 10.Smoke alarms shall be installed per the 2013 California Building Code. 11. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Planning 12. No more than one cremator may be in operation and no more than six cremations may be performed per day. No additional cremators may be installed or additional cremations performed without modification of this Conditional Use Permit. 13. All required federal, state, regional, and local permits shall be obtained prior to operation of the facility (e.g. Authority to Construct and Permit to Operate (APCD), Funeral Director license, cremation license, business license, etc.). 14.Violation of APCD licensing/permitting shall be a violation of this Conditional Use Permit. 15. Project -related air pollutant emission levels shall be below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 for new or modified stationary sources of emissions. 16. Based on a screening -level Health Risk Assessment conducted by APCD, toxic emissions resulting from project implementation shall not have consequences above acceptable health risk levels. If it is determined that unacceptable health risk levels at the nearest sensitive receptor or land use do exist, APCD permits shall not be issued. 5 Subject Parcel Zone Boundary APN: 562-310-65 Se Rte 54 West 35th St CITY OF NATIONAL CITY OS -CZ 1 z 0 0 co a L---J I Feet 0 125 250 500 Planning Commission Location Map 2014-09 CUP CDP, IS 6 07.01.14 RESOLUTION NO. 17-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 WEST 35TH STREET, SUITE "A" IN THE COASTAL ZONE. CASE FILE NO. 2014-09 CUP, CDP APN: 562-310-65 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 West 35th Street, Suite "A" in the Coastal Zone at a duly advertised public hearing held on August 18, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-09 CUP, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 18, 2014, support the following findings: FINDINGS FOR APPROVAL 2014-09 CUP, CDP, 100 West 35th Street, Suite "A" 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to National City Blvd., an arterial street and State Route 54, a freeway to accommodate the additional 23 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use, which is conditionally -permitted in the Light Manufacturing zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community who are looking for cremation services. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and provides for a use on an existing industrially - zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorize a cremation and funeral services business at the property located at 100 West 35th Street, suite "A". Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-09 CUP, CDP, IS, dated 6/11/2014. 2. This Conditional Use Permit and Coastal Development Permit shall take effect until certification of the associated Negative Declaration. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. s Building 7. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Any existing unpermitted interior improvements shall be legalized and brought up to current codes. Fire 8. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. 9. A separate permit shall be obtained from the National City Fire Department per CFC 904.11 (Commercial Cooking System). 10.Smoke alarms shall be installed per the 2013 California Building Code. 11. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Planning 12. No more than one cremator may be in operation and no more than six cremations may be performed per day. No additional cremators may be installed or additional cremations performed without modification of this Conditional Use Permit. 13. All required federal, state, regional, and local permits shall be obtained prior to operation of the facility (e.g. Authority to Construct and Permit to Operate (APCD), Funeral Director license, cremation license, business license, etc.). 14.Violation of APCD licensing/permitting shall be a violation of this Conditional Use Permit. 15. Project -related air pollutant emission levels shall be below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 for new or modified stationary sources of emissions. 16. Based on a screening -level Health Risk Assessment conducted by APCD, toxic emissions resulting from project implementation shall not have consequences above acceptable health risk levels. If it is determined that unacceptable health risk levels at the nearest sensitive receptor or land use do exist, APCD permits shall not be issued. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 9 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 18, 2014, by the following vote: AYES: Garcia, Baca, Bush, Pruitt, Alvarado NAYS: Flores, Dela Paz ABSENT: None ABSTAIN: None CHAIRPERSO 10 ee Cortez Cremations and Funeral Services Corp 100 W. 35th Street, Suite A National City, Ca. 91920 PROJECT DIRECTORY SHEET INDEX GVNE -RESEW,' CO 4N5 C.ASS ST STE 400 SAN 01550 LA 911.2.C.1 TENON ANG6.A C.ORTEZ f IRENE LOfREZ 1304 S LAKE, 4ATERGNU, VFW EAS o, (64 G1..LA 352 GA 9196 YOIGE, (619/ B6T-3'A2 aESIGER, J09E H. MARTIEZ 4645 RIMIER 5T. 51E.0 SAN DIEDO GA g2111 1 FA,E, (66110) 1 E55 X,3 5A4DERFER EN6INEERIN6 DAVID M. SAM o0-LK /OAS ELOPE, STREET SAN DIEM, LA 92122 VOICE, (85E) 331-1522 PUMPING ENGINEER. ELECTRICAL. PROJECT INFORMATION ARCHITECTURAL TS-I TITLE SHEET, SITE PLAN A2-1 FLOOR P,AN NUMBER OF PARKING EX15TIG 51AOA0 PARKIN85 118 PARKIN55 STALLS EXIST. HANDICAP PARKING 6 PARKINS STALLS TOTAL 111 PARKINS STA15 HOURS OF ❑PERATIONS 9,00 AN TO 5,00 PIA 1,010AY TO PR10AY 10,00 AM TO 6,00 PM, SATIRDAY MO SAOAY OCCUPANCY PLAN *Arno* ROOM FIORE UNSEX RA1191004 aL 80FTJ8 OI MORE VhYTJI844 PROM MEZZANINE PIOPL[ MEZZANIE PLAN PAST FLOOR PLAN SITE PLAN AN6EIA CORTEZ a R31E CORT-Z MR ROGEWATER DRIVE EASTLAKE, CALLA VISTA LA. RI913 VOICE, (4141 SID-3352 RSOLBST ADDRESS, 100 W. 35 !n STREET RATONAL CITY, GA. 91910 BOILDRIB TYPE, TYPE V B NON SPRtl11QER A. S • PARCEL Ne, 561-310-80 N3 GBL ML.GN 40013 THE 11B LI1 GHT INDUSTRIAL 1) A!. BUILDRI6 OP", OCCJFANLY, Z01E. LOT SIZE, GOVERNING AGENCIES CITY OF NATIONAL CITY MAY. WATER DISTRICT SAN DIEGO DEPARTMENT OF ENVIRONMENTAL HEALTH • SQUARE FOOT INFORMATION LEGAL EXISTING GONSTRIKTION 1,106. SQ.FT NO ADDITIONAL SQUARE FEET ADDED GENERAL NOTES SITE P LOT 1661T GITY,NATIONAL CITY SUED, SOUTHLAND INDUSTRIAL PARK UNIT E2 006563 LOTS 16411 LEASED BLDG PER RtT CODE 326 HAP IN 1. COMMERCIAL CONSTRUCTION COMPLY WITH THE 2013 EDITION OF THE CALIFORNIA BUILDING CODE (TITLE 24), WHICH ADOPTS THE 2. FOLLOWING MODEL CODES: 2012 IBC, ROIL UPC. 2013 UT1G AND 2012 NEG. 3.11115 PROJECT WILL COMPLY WITH THE CITY OF NATIONAL CITY LIGHTING ORDINANCE SCOPE OF WORK MO ADDITIONAL SQUARE FEET ADDED N Gk Sealer 505.1 Nhy Nd address ew 1140186e or ploPly ble vd 114Ide,,tld0KWoethe -o-cet er road , 0,5* Itt Iy ere %all Po a 0 6 00 4' lql 401 p• [O bd ea cYt.. N.V., 00 ff1 R Po a Irt:mNm al 4' WO NMI a mmFun e4oke N.V., o1 IYJ peh LPG Section 503A Ifterp 801anee of M1ec -ee mI cree"1`9e or .,,3renaun0,060txe Nola�ce0,, 1 rentrytea Iik cMkalzed to fewh6 a(Key t01 0 60Ar1talled N ate: or', to ro ke a 1In bb hpe corm., Ite s rtaj'9a roocesso est at ee..{�I edtlbyN ise code 041001. NOTE, A SEPARATE PERMIT WILL BE OBTAINED AND APPROVED FPRIOR TO FINALS INSTPQE1Gp110?N FOR [,AANN1IAUTOMATIC. PIPE SYSTEM FOR RE LOMM-cIAALL COOMBS SYSTEM PERR LFG 10411. NATIONAL CITY 5E1,ER DISTRICT AND SWEETWATER DISTRICT PON WATER VICINITY MAP �SClh��i+ T,A(, C(&Se FIQ No >tLe-ol GWP,(J'),?, IS ,b t I t I '° " - ee Cortez Cremations ForteTeeTVIoe. IRO W. 391h Shwa Sults A Malang' dry Oa. 01980 w m• rr....,. do... , Pow. Ms.,* . 04-- 09 109.7.1.1 mM1 TS 1 KEY NOTES O soi#4T PER RETLECTED CEILING. PLANS NEN O BE MOUNTED 6.N. 4 arE EVDEEP 8 LAPIS AND LAVER THE TMl41 TOP SHELF SMALL NOT EXCEED IC PI�1 FINISH FLOOR DDMM CLEARANCEIpT ESESTI• pp SHELVES SS19GABLE FODOS 7401 LE86 THAN 15 LI'EAR FEET TACTILE EXIT SONS GCMPLYING O ACCORDANCE SECTION mBs ID IN AACCORDANCE PIM AMTS. ION AT THE EXIT DOOR OA DIRESGTrvI.RMGITIJG, RECOVERY AT S0' AT T] ETTO 417 E1- SLAMS O MEWS AND WOMEN ADA SGBAGE E4TMR0.YI MEET ALL DISABLE REQUIREMENTS 4NE BE IDENTIFIED BY A TACTILE. DI R44�1e�00p LETTERS AND BRAILLE -DAY AL L SIC+IAAk 1C FONT WALL AT ALL WISE* BAT✓I.W�. R SEC. Ib5 C^ PONY 1ALI AT 36' PAP. U EXIAEW3 ELECTRICAL PANE. Q NOT USED O IFS E)RSf1S' A: i.S4 13 M1.1.01 IUTNG Li UL A0C 34.NfEG HONIED J'- Ob MEIN DP MOMS TO BE Et GREENWY CO.OR Y CE O 6PL45 SWARDS e WIELVSG FOR OLEANNO SI.PpLIEe ISOM, D_E4NSER5 WAXES. ETC) A•O TOXIC 8135614NCE6. e GRADE LEVEL extorOR EMIT DOCK SHALL BE IDENTFKD BY TACTILE SIGN 4IT4 w0RD EXIT. O^ ERR OM NALL V' TO 6'-O• P)A. OKRAS. AIR CURTAIN CL4661ArTI ADLE 434 ' O' 6t11:AER POR P FAT RRWBW 6� .. Is SALGAPAGTYO CIX4CN9 CAPIKITT (•F FYAIpB OR LESS. CPC 9EelT. OnTUT s PEEr rw¢iMCa RApIUB GENERAL NOTES 1.- STATE HE4L14 O SAFETY CODE SEC. ry921.9 B4M4 1HE USE OF CHLORINATED POLYVINYL CH -CRUDE (DRC) FOR INTERIOR NATER SUPPLY TWMG 2.- INSTALLATION LP SMOKE DETECIORE MILL WITH IRE ( EEC. N,E.9 3. PERIMIENT vACLUM ESR3I298 SHALL BE INCLUDED WIT. ALL MEW HOSE SIMS 1. WINGED EAT DOORS CAPABLE OF OPENING MMR3T1 90 DEGREES T_ M'IMH 3T-IN04 CLEAR WIDTH. MEASURED KR HINGED dOoRS BETWEEN PACE OF DOOR AT0 OPPOSITE STOP MEN DOOR OPEN Se DEGREES PER GEC SB-NY.) 3. HAGS -SIDE APPROACH TO PUSII 633E O. DOOR MINA LATCH AND CLOSER. WIDTH. DMn,p1 yl INCHES PARALLEL TO DOORWAY LEYa4, M.S. 4e NOES A3219.112IC.LAR TO DOGMA, 4. 3.112L3E.91DE 4PPRD4C4 TO PUSH SEE 6 DOOR WITW L4TOFGLOORR COI'IEN4TGN. LENOIR MNete1 4 MCSE9 PERPENDICULAR TO OWR4AY 5. MMM ET111 344 INCHES AND 14....14 NOYES ABOVE 6. 6•ICOT4, MM4E M1EPoa1PTED BANDAGE AT BOTTOM 10 CR DP ALL DOOM AND GATES PER FLOURS 1E-29 N.LCHM3 CPEENG WHEELCHAIR 1. DOORS TO SE 5 POW05 OF SCAMS TO OPEN ANT DOOR OR GATE. B. cools WITH CLOSERS SHALL NAVE 94CEP PERIOD OF 311E031435 IPROM WITPIN 303OF£E OPBIMG P0EIT ON G4GLL LEADS. EDGE CF DOOR INCHES CF L*TC4. 9 THE MEANS 6 EGRESS. WCUDM3 14E EXIT DISCUA403 WILL ES,ILLUMINATEDTO A LEVEL OF NOT LESS 14AN CME FWT.0.640 E AT TIE WALK SUFFICE AT ALL TRIES THE EZLONG SPACE SERVED BY TILE TEAL.. of EGRESS 16 5 OCCUPIED' SECTON g66.2) 10.0RE46E TRADE ARE ACT ACCEPTED el KITCWw OR FOOD PREPARATION AREA, R P.C. CC OR011.'OR GREASE TRAP I6 ACCESSIBLE R. EXTERIOR DOORS OPEN OI1IW4RD AND ARE SELF -CLOSING AND MOOT 3I1111. OVERHEADS AIR DTRT4M6 ARE TO Et RC'VIDED O✓4R CARGO. DEDICATED DELVER, DOCR9 AND DOORS OPENINGS INTO ARYL PREP. AFEA. S. THE MNRILH SIZE SINK COMPAk,neNTs SMALL BE E'E'PR' DEEP NITS A MINIMUM E' D4AR004R0 AT E4C4 END. I4. EACH 4AN014411614,G NW SHALL 4AK A WALL MOU DISPENSE 0SINGLER. GENIES TOWEL AND AN"E. ALL S4VITART SYSTEM MATERIALS 94ALL BE LISTED 0Y AN APPROVE LISTING .36E2CY 16.EWILDMG DRAM AND VENT FIPP. MATERIALS SHALL COBALT 14I14 SECTIONS 1010 ND 903E OF THE CALROR)UA Tti1MBMG CODE. n. EACH FAUCET SHALL NOT EXCEED 4 WATER,. CP 2.2 GPM. W Mop eeK FAUCET BACK/FLOW PREVEMION DEEVIPAVE CE. NO GSA -KCAL THREADED re0 LIP IePENS5GIB STEM OIvALLVES SHIENT ANC ALL BEAPPROVED D TO TFE MOP nese TIE MOP S.C. ...SECTION 333E].91 LATCHING, OR LCCY.NG. DOORS N 4 PAT. CF 1R4vEL ARE OPERATED WITH A BRGLE EFFORT BY LEVER TYPE 4ARCAAARO BT BASIC OARS. AHy.11LL 4CTIv4TIN0 BARS OR OTHER 141RDH4RE =EVENED TO PIhJVIDE PASSAGE FMCS, REOJRMG 14E ABILITY TO GRASP TLE OPENING I9R,. 15 TO BE CkNTEFED-30' BUT s4• AEOvS 0.0CQ. • ammmo L lM • t] 11111.11111111111 Mezzanine Plan o� SCALES! • TAT O DETAIL 4I V4LL NEW PLAN KEY NOTES DOA! PER DCCR 9CI03713.E WMDOYI PER SCHEDULE WALL PER LEGEND 1 00J FROM WISES PER RNI64 SCHEOILE. L4Vb EXISTS. HVAC ALIGN WALL PITH EXISTRG VIAL TYPE WALL MBE T:I WOOD 51D9 • 24' e0. ® 1a4 MI30D SUDS • ]4' e.c EX151V a WALL TO REMAIN ...:... .. WALL TO Be ',CLEWED = NEW Woo' METAL) SHIN WALL 4V OYP.0D. CN EACH SIDE OF STUD • First Floor Plan a� ECHS V: • TAT - 7 Oortez pC�r n,itlone FtJ erasEterVIcee 100 W. 361h Street Sults A National CRy Ce. 91950 s IamNPwPE 63 4 P,N5•Eay Pe, NN.n.• 0 440o H 6.4N e•.ev mP. Ca Re 55- A2 1 S, hotos — 2014-09 CUP —100 West 35th Front of suite looking south Side of suite looking southwest 13 Rear of suite looking northwest Side of suite looking north-northwest 14 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 0 ITEM TITLE: Resolution of the City Council of the City of National City certifying a Negative Declaration and authorizing the City Council to file a Notice of Determination related to a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 East 35th Street, Suite "A" in the Coastal Zone (Applicant Cortez Cremations and Funeral Services Corporation) (Case File 2014-09 IS) mL PREPARED BY:Martin Reeder, AICP DEPARTMENT: PHONE: (619-336-4313' APPROVED BY: EXPLANATION: The applicant is proposing to operate a crematorium, offering human cremation services, which would operate 24 hours a day. The facility would be accessible to customers/clients from 10 a.m. to 7 p.m. daily. The facility will operate in a 2,221 square -foot suite within the existing 47,916 square -foot building. The business is expected to employ 5-7 employees and perform up to six cremations per day. A CEQA checklist (Initial Study) was prepared by staff in association with the proposed project. With the exception of Air Quality, no impacts were expected or discovered. With regard to Air Quality, new modern cremation equipment will meet applicable standards for Nitrogen Oxide and Carbon Monoxide emissions. The facility will also require permits through the San Diego Air Pollution Control District (APCD), which will impose conditions to ensure compliance with APCD air pollution control requirements. This Negative Declaration is related to the Conditional Use Permit and Coastal Development Permit, also for the crematorium, which is on this same agenda. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Negative Declaration ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Staff recommends adopting the Resolution certifying the Negative Declaration and filing a Notice of Determination.; BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval of the ND. Ayes: Garcia, Baca, Bush, Pruitt, Alvarado Nays: Flores, DeLaPaz ATTACHMENTS: 1. Notice of Intent and Availability for Environmental Review 2. CEQA Checklist and Negative Declaration (2014-09 IS) 3. Resolution CITY OF NATIONAL CITY PLANNING DEPARTMENT LEGAL NOTICE OF INTENT AND AVAILABILITY FOR ENVIRONMENTAL REVIEW AND COMMENT PERIOD OF DRAFT NEGATIVE DECLARATION (ND) Draft ND Public Review and Comment Period: June 27, 2014 to July 27, 2014 Notice is hereby given that the City of National City (City), as the lead agency, is proposing to adopt a Negative Declaration (ND) in accordance with the California Environmental Quality Act (CEQA) for the proposed project as identified below. A 30-day public review and comment period has been established pursuant to CEQA Guidelines Section 15073 for the Draft ND which has been prepared for the proposed project. PROJECT NAME: 2014-09 CUP, CDP, IS APPLICANT: Cortez Cremations and Funeral Services Corporation LOCATION: 100 West 35th Street, National City, CA 91950 DESCRIPTION: The proposed project is a Conditional Use Permit and Coastal Development Permit for a crematorium. The project site is located on the south side of West 35th Street east of National City Blvd. and north of State Route 54 in the Southland Industrial Park. The applicant is proposing to operate the crematorium, offering human cremation services, from 10 a.m. to 7 p.m. seven days a week in a 2,228 square -foot suite within an existing 60,559 square -foot building. SIGNIFICANT ENVIRONMENTAL EFFECTS ANTICIPATED AS A RESULT OF THE PROJECT: The City conducted an Environmental Initial Study (IS) that determined the proposed project would not have a potentially significant environmental effect. REVIEW AND COMMENT PERIOD: The City has established a 30-day public review and comment period from June 27, 2014 to July 27, 2014. During this period, the Draft ND and IS will be available for review, or for purchase at the cost of reproduction, at the following locations and during the following days and times: -1- 1 City of National City Planning Department 1243 National City Boulevard National City, California 91950 Monday through Thursday 7:00 a.m. to 6:00 p.m. National City Library 200 E. 12th Street National City, California 91950 Monday through Thursday 10:00 a.m. to 8:00 p.m. Saturday and Sunday 1:00 p.m. to 5:00 p.m. Comments can be made on the IS/ND in writing before the end of the public review and comment period and also in person at the Planning Commission meeting scheduled to be held on August 4, 2014 (under separate public notice). All written comments on the Draft ND should focus on the sufficiency of the document in identifying and analyzing the potential impacts on the environment that may result from the proposed project, and the ways in which the significant effects are avoided or mitigated. Written comments must be submitted so as to arrive no later than 6:00 p.m. on July 28, 2014 to the following: Martin Reeder, AICP City of National City Planning Department 1243 National City Boulevard, National City, CA 91950. Following the close of the public comment period, the City will consider the IS/ND and comments thereto in determining whether to approve the proposed project. The City will prepare a Final ND for consideration and certification by the City Council. FURTHER INFORMATION: For environmental review information, please contact Martin Reeder at the City of National City at 619.336.4313 or mreeder@nationalcityca.gov. -2- 2 CITY OF NATIONAL CITY PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY CA, 91950 June 25, 2014 California Environmental Quality Act (CEQA) Initial Study Environmental Checklist Form (Based on the State CEQA Guidelines, Appendix G Rev. 12/98) 1. PROJECT TITLE: Cortez Cremations and Funeral Services Corporation 2. LEAD AGENCY: City of National City — 1243 National City Blvd., National City, California 91950 3. LEAD AGENCY CONTACT: Martin Reeder, AICP — Principal Planner (619) 336-4313 I e-mail: rrreeder annationalcityca.gov 4. PROJECT LOCATION: 100 West 35th Street, National City CA 91950 5. PROJECT APPLICANT'S NAME AND ADDRESS: Angela Cortez Guzman 1332 North Paradise Ridge Way, Chula Vista, CA 91915 6. PROJECT DESCRIPTION: The project site is located on the south side of West 35th Street east of National City Blvd. and north of State Route 54 in the Southland Industrial Park. The building in which the project would be located is 60,559 square feet in size. The project applicant, Cortez Cremations and Funeral Services Corporation, proposes to operate a crematorium offering human cremation services from 10 a.m. to 7 p.m. seven days a week in a 2,228 square -foot suite within the existing building. The facility will install one new modern cremator and an approximately 18-foot exhaust stack (hot air duct). The stack/duct would protrude approximately five feet above the roof of the building. The footprint of the existing structure would not be altered. 3 The proposed new cremator is designed to improve combustion efficiency and reduce air pollutant and odor emissions by re -burning combustion gases before they are released to the atmosphere. Project implementation may only occur following issuance of an 'Authority to Construct and Permit to Operate' by the Air Pollution Control District (APCD) and will be subject to permit conditions limiting or requiring specific actions to ensure compliance with APCD air pollution control requirements, thereby minimizing the impact of any emissions increase and ensuring no significant adverse effect upon ambient air quality. The project applicant will be subject to periodic inspections by the District to confirm compliance. Forecasted Activity Based on the manufacturer's recommended maximum daily cycles of the proposed cremator, there would be no more than six cremations performed per day. This equates to maximum of 182 cremations per month. Cremator Description The proposed cremator (Model A-200HT by American Crematory Equipment Company) operates on natural gas and is designed with a "hot hearth" floor (heated by circulating combustion gases to reduce fuel consumption) and two combustion chambers, namely a main chamber and a secondary afterburner chamber, to enhance thermal and combustion efficiency and reduce air pollutant and odor emissions. The main component of the cremator consists of steel exterior walls, loading door, insulation, interior walls, a hot hearth floor, a main chamber, secondary (afterburner) chamber, settling chamber, automatic burner control panel, burners, forced draft fan, and exhaust stack. Cremation Process Initiating the Process — To begin the cremation process, the secondary chamber is preheated until a set -point temperature is reached. The charge (body and container) is then loaded into the main combustion chamber, and the main burner is fired to begin the cremation cycle. During the cremation process, heat is released when combustion of the charge occurs. To maintain optimal combustion temperature, the main burner is automatically adjusted as necessary via a temperature controller connected to a thermocouple (a sensor for measuring temperature). Air Pollution Control — The combustion gases from the main chamber are drafted into the secondary chamber, where heat from the afterburner combusts the gases for air pollution and odor control. Modern secondary chambers are designed for increased "retention time" (the amount of time combustion gases are held in the secondary chamber prior to discharge) to maximize combustion and destruction of air pollutants and odors. Any remaining combustion gases then flow to a settling chamber, where the gases cool and slow down and noncombustible particulate matter 21 4 has an opportunity to settle out of the air stream. Lastly, the air stream passes through an exhaust stack and is discharged to the outside atmosphere. Disposition of Cremated Remains —At the end of the cremation cycle and following a cool - down period, all remaining cremated matter is removed from the cremator and placed in a container or urn for disposition as directed by the family of the deceased. In most cases, the recipients permanently retain the container and its contents as a memorial to the deceased. In some cases, the recipients choose to scatter the cremated remains in the environment, provided a burial and disposition permit is first obtained pursuant to State law. Proiect Construction The proposed cremator would be pre -assembled prior to arriving at the project site. No ground -disturbing activities would be involved with the installation, and the footprint of the existing building would not be altered. The most equipment -intensive activities would include the use of a flatbed truck to transfer the new cremation e q u i p me n t onto t h e project site. This activity would last less than one week, with the majority of the remaining construction completed by onsite handwork. There are noise -sensitive land uses located within 1,000 feet of the project site. Residential land use is located approximately 560 feet to the south of the project site, across the Sweetwater River. These residences are located in the City of Chula Vista. However, any off -site audible construction noise related to the project would be short- term and not substantial. Furthermore, noise would be no louder than normal construction activities currently occurring in the area, and would still be subject to noise standards contained in the Municipal Code, which takes into account neighboring land uses. Operation of the cremator within the building is not anticipated to create substantial offsite noise. 7. ENVIRONMENTAL AND REGULATORY ISSUES: Air Pollutant Emissions Implementation of the proposed project would result in modest increases in air PO 11 u t a n t emissions. However, this potential emissions impact is partially mitigated by the use of a new, modern cremator. The design and operation of modern cremators, including a more lengthy retention time of the combustion gases in the secondary afterburner chamber, maximizes combustion and destruction of air pollutant emissions. Air pollutants potentially emitted from the cremator is mostly common products of combustion, including particulate matter, oxides of nitrogen, oxides of sulfur, volatile organic compounds, and carbon monoxide. Trace amounts of toxic air contaminants (potentially more harmful to public health) may also occur, including mercury from silver amalgam dental fillings and dioxins from the burning of plastic. (In a small 3I: S minority of cases usually involving unidentified human remains or autopsies performed by the Medical Examiner, the body is delivered to the crematorium in a plastic bag.) APCD staff will perform a detailed application and engineering evaluation to identify applicable District rules and prescribe specific operating conditions and air pollutant emission limits to ensure compliance and protection of public health. APCD rules that potentially apply to minimize emissions include: • Rule 20.2, New Source Review — Non -Major Stationary Sources; • Rule 50, Visible Emissions; • Rule 51, Nuisance; • Rule 53, Specific Air Contaminants; • Rule 58, Incinerator Burning; • Rule 68, Oxides of Nitrogen from Fuel Burning Equipment; and • Rule 1200, Toxics New Source Review. Project -related air pollutant emission levels are below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 for new or modified stationary sources of emissions. Projects with stationary -source emissions exceeding AQIA trigger levels require further analysis during the APCD permitting process to determine whether such emissions could cause a violation of ambient air quality standards. Project -related emissions are not expected to exceed AQIA trigger levels and emissions are presumed to be less than significant. However, there is residential use (sensitive land use) within 1,000 feet of the proposed crematory use, which will be reflected in the APCD permit process. It should be noted that no crematory activities would be permitted without the appropriate APCD permits, which may require additional mitigation measures to ensure that there are no impacts to nearby sensitive uses. Additionally, a screening -level Health Risk Assessment will be required by APCD to determine the potential for project -related toxic air pollutant emissions to have unacceptable health risk levels at the nearest sensitive receptor or land use. Results would need to indicate that toxic emissions would not exceed applicable toxics screening emission rates established pursuant to District Rule 1200. (The toxics screening emission rates consider distance to nearest receptor.) Consequently, if the assessment does not identify any unacceptable health risk levels, toxic emissions resulting from project implementation would not have consequences above acceptable health risk levels. If it is determined that unacceptable health risk levels at the nearest sensitive receptor or land use do exist, APCD permits will not be issued. 41 6 Potential for Upset Conditions Large or Obese Cases — Large or obese cases contain greater amounts of fatty tissue, which combusts at a rapid rate and creates combustion gases at a greater volume, temperature, and velocity than normal. The increase in gas volume could potentially overload the secondary chamber, preventing it from combusting the gases as quickly as they are produced and resulting in the discharge of smoke. Additionally, increased gas temperature and velocity reduces retention time because the combustion gases pass through the secondary chamber faster than normal and are not properly combusted by the afterburner, again resulting in smoke. Further, in extreme cases, increased volume, temperature, and velocity of combustion gases may lead to flames out of the exhaust stack. Modern cremators have higher capacity and are better designed to handle the increased volume, temperature, and velocity of combustion gases created during cremation of large or obese cases. Manufacturer's recommendations and crematory industry standards and practices are designed to mitigate the potential for upset conditions. This includes: (1) ensuring the main chamber is cool before commencing the cremation of a large or obese case; (2) carefully regulating the flow of gas to the burner and amount of oxygen in the chamber; and (3) safety controls on the cremator that shut down burners if necessary. Lastly, the crematory is equipped with a "Class B" fire extinguisher to extinguish fires of flammable material, if necessary. Heat Build -Up — Heat absorption by the interior walls and lining of the cremator increases with each additional cremation performed during the day. This could lead to overheating and rapid combustion during the cremation process, again resulting in smoke. The cremation burners compensate for this heat buildup by automatically adjusting to a low -fire mode, as necessary. Manufacturer's recommendations and industry standards and practices, as described above, also help address and mitigate this issue. Smoke and Odor Complaints APCD has occasionally received complaints about smoke or odors from existing crematories in San Diego County. Such complaints are investigated by District staff and the cause of problem is identified and resolved, if possible. District experience indicates that, in general, the number of complaints received regarding a specific crematory is proportional to the distance to the nearest sensitive receptor or land use. According to APCD records (as of 2007), over the past ten years 26 complaints have been received regarding eight human or pet crematory operations, and appropriate enforcement action was taken. Upon investigation by APCD, either no violation of District rules was found or a Notice of Violation (NOV) was issued. None of these incidents were determined to have caused a public nuisance as defined in District Rule 51. Two of the odor complaints were associated with the Greenwood 51 ;; 7 Memorial Park and Mortuary, located north of National City. In both cases, District inspectors dispatched to the site to conduct an investigation did not encounter any odors or violations of District Rules. Current complaint records will be taken into consideration as part of the APCD permitting process. APCD experience indicates that operation of crematory equipment should not violate air pollutant emission standards or create a public nuisance, provided there is sufficient distance between crematory equipment and the nearest sensitive receptor —approval of an approximate 560-foot separation between the prole c t a n d the nearest residential land use will need to approved by APCD as part of their permitting process —and the crematory equipment is properly maintained and operated in accordance with the District Permit to Operate, manufacturer's recommendations, and industry standards. In the event the equipment is not properly maintained and operated, the resulting violation can be corrected through APCD enforcement action, including the issuance of a NOV or, if necessary, abatement order. For these reasons, potential odor and smoke impacts associated with the proposed project are anticipated to be less than significant. 8. ENVIRONMENTAL SETTING: Topoaraohv San Diego County is divided by the Laguna Mountain Range, which runs approximately parallel to the coast about 45 miles inland and separates the coastal area from the desert portion of the County. The Laguna Mountains reach peaks of over 6,000 feet with Hot Springs Mountain peak rising to 6,533 feet, the highest point in the County. The coastal region is made up of coastal terraces that rise from the ocean into wide mesas which then, moving farther east, transition into the Laguna Foothills. Farther east, the topography gradually rises to the rugged mountains. On the east side, the mountains drop off rapidly to the Anza-Borrego Desert, which is characterized by several broken mountain ranges with desert valleys in between. To the north of the County are the Santa Ana Mountains which run along the coast of Orange County, turning east to join with the Laguna Mountains near the San Diego- Orange County border. Climatoloav The climate of San Diego County, as with all of Southern California, is largely dominated by the strength and position of the semi -permanent, high-pressure system over the Pacific Ocean (known as the Pacific High). This high-pressure ridge over the West Coast often creates a pattern of late -night and early -morning low clouds, hazy afternoon sunshine, daytime onshore breezes, and little temperature variation year-round. The climatic classification for San Diego is a Mediterranean climate, with warm, dry summers and mild, wet winters. Average annual precipitation ranges from approximately 10 inches on the 6IV' 8 coast to over 30 inches in the mountains to the east (the desert regions of San Diego County generally receive between 4 and 6 inches per year). The favorable climate of San Diego works to create air pollution problems. Sinking, or subsiding air from the Pacific High creates a temperature inversion (known as a subsidence inversion), which acts as a lid to vertical dispersion of pollutants. Weak summertime pressure gradients further limit horizontal dispersion of pollutants in the mixed layer below the subsidence inversion. Poorly dispersed anthropogenic (man- made) emissions, combined with strong sunshine, lead to photochemical reactions, creating ozone in this surface layer. Daytime onshore flow (i.e., sea breeze) and nighttime offshore flow (i.e., land breeze) are quite common in Southern California. The sea breeze helps to moderate daytime temperatures in the western portion of San Diego County, which greatly adds to the climatic draw of the region. This also leads to emissions being blown out to sea at night and returning to land the following day. Under certain conditions, this atmospheric oscillation results in the offshore transport of air from the Los Angeles region to San Diego County, which often results in higher air pollution concentrations being measured at San Diego County air pollution monitoring stations. Transport of air pollutants from Los Angeles to San Diego has also been shown to occur aloft within the stable layer of the elevated subsidence inversion. Ambient Air Quality Standards National and State ambient air quality standards are established for criteria pollutants, which are widespread, common air contaminants known to be harmful to human health and welfare. The criteria pollutants are ozone, inhalable particulate matter, carbon monoxide, nitrogen dioxide, lead, and sulfur dioxide. Additional State standards have been established for sulfates and hydrogen sulfide. The standards are set to protect the elderly, very young, and chronically sensitive portions of the population, and are required to include a reasonable margin of safety to protect against potential hazards which research has not yet identified. (In some cases, the State standards provide a wider margin of safety than the national standards.) An area that does not meet a particular standard is designated as a nonattainment area for that pollutant and must develop an air quality plan defining the combination of local, State, and federal actions and emission controls necessary for expeditious attainment in the area. Air Quality Status The District operates an extensive ambient air monitoring network, continuously monitoring air pollution levels at numerous sites throughout San Diego County in compliance with federal and State requirements. Data generated at these monitors are 9 used to define the nature and severity of air pollution in San Diego County and to determine attainment status. San Diego County has generally experienced substantial improvement in ambient air quality over the past several years, demonstrating emission control measures are working. Of the six criteria air pollutants regulated by EPA and the eight regulated by the ARB, only ozone and inhalable particulate matter occur in concentrations sufficient to violate either national or State standards in San Diego County. Toxic Air Contaminants — Two of the APCD's air monitoring stations, in Chula Vista and El Cajon, measure toxic air contaminants as well as criteria pollutants. Toxic air pollutants are constituents of certain volatile organic compounds, particulate matter, and other contaminants that are believed to be carcinogenic with no identified threshold below which no adverse health effects occur. Industrial toxic air contaminant emissions in the region have been reduced by 70% since 1989. 9. OTHER PUBLIC AGENCY INVOLVEMENT: No other public agencies are known to require approval of the proposed project. 10. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below, if any, would be potentially affected by this project. ❑ Aesthetics ❑ Agriculture Resources Air Quality * 0 Biological Resources 0 Cultural Resources 0 Geology / Soils ❑ Hazards / Haz. Materials 0 HydrologyNVater Quality 0 Land Use / Planning ❑ Mineral Resources 0 Noise 0 Population / Housing O Public Services 0 Recreation 0 Transportation/Traffic ❑ Utilities / Service Systems 0 Mandatory Findings of Significance ® No Potentially Significant Impacts 8I 10 11. DETERMINATION: On the basis of this initial evaluation: El 91 I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a "potentially significant impact" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that, although the proposed project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards, and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project, nothing further is required. On the basis of this Initial Study, I believe the following: there are no new significant environmental effects and no substantial increase in severity of effects identified in an earlier NEGATIVE DECLARATION or ENVIRONMENTAL IMPACT REPORT for the proposed project or property are present as the result of either 1) changes in the project; 2) changes in circumstances under which the project is undertaken; or 3) new information which could not have been known without the exercise of reasonable diligence at the time the previous Negative Declaration was adopted or Environmental Impact Report was certified. Therefore, the previously adopted NEGATIVE DECLARATION or certified ENVIRONMENTAL IMPACT REPORT will be considered adequate upon completion of an ADDENDUM to reflect minor technical changes. 11 On the basis of this Initial Study, I believe the following: new significant environmental effects or an substantial increase in severity of effects identified in an earlier Negative Declaration or Environmental Impact Report for the proposed project or property are present as the result of either 1) changes in the project; 2) changes in circumstances under which the project is undertaken; or 3) new information which could not have been known without the exercise of reasonable diligence at the time the original earlier Negative Declaration or Environmental Impact Report was adopted. Therefore, a SUBSEQUENT/SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT is required. June 25, 2014 Signature Date MARTIN REEDER, AICP PRINCIPAL PLANNER Printed Name Title 10 1 12 12. EVALUATION OF ENVIRONMENTAL IMPACTS: Jnstructions for Environmental Checklist Form' 1. A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2. All answers must take account of the whole action involved, including off -site as well as on - site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3. Once the lead agency has determined that a particular physical impact may occur, the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or Tess than significant. `Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an Environmental Impact Report is required. 4. Earlier analyses may be used where, pursuant to the tiering, program Environmental Impact Report, or other California Environmental Quality Act process, an effect has been adequately analyzed in an earlier EIR or negative declaration. In this case, a brief discussion should identify the following: a. Earlier Analysis Used. Identify and State where they are available for review. b. Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. 5. Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 6. The explanation of each issue should identify: a. The significance criteria or threshold, if any, used to evaluate each question; and b. The mitigation measure identified, if any, to reduce the impact to less than significance. Based on Appendix G of the Guidelines for Implementation of the California Environmental Quality Act (14 CCR, Section 15000 et seq.). 13 Environmental Checklist Potentially Significant Impact Less Than Significant Impact No Impact I. AESTHETICS. Would the project: a) Have a substantial adverse effect on a scenic vista? � ►ZI b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a State scenic highway? IZ c) Substantially degrade the existing visualO character or quality of the site and its surroundings? 1 d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? 11 (a) through (d): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The project also includes installation of an exhaust stack on the roof of the existing building, although this would not alter the visual character of the roof, which already contains protrusions from exhaust/intake vents, air conditioning units, and skylights. Project implementation would not have a substantial adverse effect on a scenic vista; would not substantially damage scenic resources; would not substantially degrade the existing visual character or quality of the surroundings; and would not create a new source of light or glare adversely affecting day or nighttime views. Based on the above discussion, it is expected that project implementation would have no adverse impact on aesthetics. Potentially Significant Impact Less Than Significant Impact No Impact II. AGRICULTURAL RESOURCES. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? 0 12 I 14 b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 0 c) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non- agricultural use? 0 (a) through (c): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing building would not be altered and no ground -disturbing activities would be involved. Project implementation would not convert prime or unique farmland or farmland of statewide importance to non-agricultural use; would not conflict with existing zoning for agricultural use, or a Williamson contract; and would not involve other changes that might ultimately result in the conversion of farmland to non-agricultural use. Based on the above discussion, it is expected that project implementation would have no adverse impact on agricultural resources. Potentially Significant Impact Less Than Significant Impact No Impact III. AIR QUALITY. Would the project: a) Conflict with or obstruct implementation ofNI the applicable air quality plan? b) Violate any air quality standard or contribute to an existing or projected air quality violation? �1 c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? 1:1 d) Expose sensitive receptors to substantial pollutant concentrations? r e) Create objectionable odors affecting a substantial number of oeoole? �R (a) through (e): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing building would not be altered and no ground -disturbing activities would be involved. No school or other sensitive land use exists within 1,000 feet of the building, although there are 13I ' y 15 residential uses within 560 feet of the project, which will be reflected in the APCD permit process. Again, it should be noted that no crematory activities would be permitted without the appropriate APCD permits, which may require additional mitigation measures to ensure that there are no impacts to nearby sensitive uses. As described in Section 6 above, the proposed cremator operates on natural gas and are designed with a hot hearth floor and two combustion chambers, namely a main chamber and a secondary afterburner chamber, to enhance combustion efficiency and reduce air pollutant and odor emissions. As described in Section 8 above, project - related air pollutant emission levels would be below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 and would therefore be presumed to be less than significant. Further, toxic emissions would be below toxic screening levels and therefore would not have consequences at the nearest sensitive receptor above acceptable health risk levels. Moreover, project implementation may only occur following District issuance of air quality permits (Authority to Construct and Permit to Operate) and will be subject to permit conditions limiting or requiring specific actions to ensure compliance with District air pollution control requirements, thereby minimizing the impact of any emissions increase and ensuring no significant adverse effect upon ambient air quality. Cortez Cremations and Funeral Services Corporation would be subject to periodic inspections by APCD to confirm compliance. Lastly, as described in Section 6 above, potential odor and smoke impacts associated with the proposed project are anticipated to be less than significant. Based on the above discussion, project implementation would not conflict with or obstruct implementation of the air quality plan; would not violate any air quality standard or contribute to an existing or projected air quality violation; would not result in a cumulatively considerable net increase of any criteria pollutant for which San Diego County is non -attainment under an applicable federal or State ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors); would not expose sensitive receptors to substantial pollutant concentrations; and would not create objectionable odors affecting a substantial number of people. Based on the above discussion, it is expected that project implementation would have no adverse impact on air quality. Potentially Significant Impact Less Than Significant Impact No Impact IV. BIOLOGICAL RESOURCES. Would the project: 14 I 16 a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the U.S. Fish and Wildlife Service? @ b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the U.S. Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by §404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? I d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? III I: e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? � 0 f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan? Co (a) through (f): The proposed project consists of the installation of a new modern cremator within an existing industrial building. Project implementation would have no effect on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the U.S. Fish and Wildlife Service; would have no impact on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations, or by the U.S. Fish and 15 1 17 INF Wildlife Service; would have no effect on federally protected wetlands as defined by §404 of the Clean Water Act through direct removal, filling, hydrological interruption, or other means; would not interfere with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites; would not conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; and would not conflict with the provisions of an adopted Habitat Conservation plan, Natural Community Conservation Plan, or other approved local, regional, or State habitat conservation plan. Based on the above discussion, it is expected that project implementation would have no adverse impact on biological resources. Potentially Significant Impact Less Than Significant Impact No Impact V. CULTURAL RESOURCES. Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in CEQA Guidelines §15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to CEQA Guidelines §15064.5? 1I c) Directly or indirectly destroy aEl unique paleontological resource or site or unique geologic feature? 0 d) Disturb any human remains, including those interred outside of formal cemeteries? ��� (a) through (d): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing building would not be altered and no ground -disturbing activities would be involved. Project implementation would not cause a substantial adverse change in the significance of a historical or archaeological resource; would not destroy a unique paleontological resource or site or unique geologic feature; and would not unlawfully disturb any human remains, including those interred outside of formal cemeteries. Based on the above discussion, it is expected that project implementation would have no adverse impact on cultural resources. 16 1 i- ***************************************************************** 18 Potentially Significant Impact Less Than Significant Impact No Impact VI. GEOLOGY / SOILS. Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: ❑ ❑ I • Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? ❑ ❑ ` • Strong seismic ground shaking? ❑ ❑ M, • Seismic —related ground failure, including liquefaction? ❑ ❑ 0 • Landslides? ❑ ❑ E b) Result in substantial soil erosion or the Toss of topsoil? ❑ ❑ L c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off -site landslide, lateral spreading, subsidence, liquefaction or collapse? ❑ ❑ d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? ❑ ❑ @ e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? ❑ ❑ F1 (a) through (e): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing building would not be altered and no ground -disturbing activities would be involved. Project implementation would not expose people to the risk of Toss, injury, or death associated with earthquakes, seismic ground shaking, seismic -related ground failure, liquefaction or landslides; would not result in substantial soil erosion or loss of topsoil; would not require the construction of any building or structure, thereby resulting in a potential to be located on an unstable geologic unit or on expansive soil; and would not require the installation of septic tanks or wastewater systems. 19 Based on the above discussion, it is expected that project implementation would have no adverse impact on geology/soils. ***************************************************************** Potentially Significant Impact Less Than Significant Impact No Impact VII. HAZARDS / HAZARDOUS MATERIALS. Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, and disposal of hazardous materials? I b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? @ c) Emithazardous emissions,or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school? a d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would create a significant hazard to the public or the environment? e) Fora project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or vavig in the project area? • IZ1 f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people residing or working in the project area? a g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? • @ 18 I E' 20 h) Expose people or structures to a 0 significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? (a) through (h): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing would not be altered. The project applicant has certified that no residual hazardous materials result from cremation operation. As described in Section 7 above, toxic emissions would be below toxic screening levels and therefore would not have consequences at the nearest sensitive receptor above acceptable health risk levels. Additionally, the potential for hazardous fire is mitigated through industry standards and practices, automatic temperature controls on the cremator, and the presence of a Class B fire extinguisher in the crematory. Project implementation would not create a significant hazard 'to the public or the environment through the routine transport, use, and disposal of hazardous materials; would not create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment; and would not emit hazardous emissions, or handle hazardous or acutely hazardous materials, substances, or waste within one -quarter mile of an existing or proposed school; would not require the construction of any building, structure or facility which could potentially be located on or a site pursuant to Government Code §65962.5 and create a significant hazard to the public or the environment; would not require the construction of any building, structure or facility which could potentially be located within an airport land use plan, within two miles of a public airport or within the vicinity of a private airstrip that would result in a safety hazard for people residing or working in the project area; would not impair implementation of or physically interfere with an adopted emergency response or evacuation plan; and would not expose people or structures to wildland fires. Based on the above discussion, it is expected that project implementation would have no adverse impact on hazards/hazardous materials. Potentially Significant Impact Less Than Significant Impact No Impact VIII. HYDROLOGY / WATER QUALITY. Would the project: a) Violate any water quality standards or waste discharae reauirements9 ►. 19 I P 21 b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g. the production rate of pre-existing nearby wells would drop to a level which would not support existing land uses or planned uses for which permits have been granted)? MI kd c) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, in a manner that would result in substantial erosion or siltation on- or off -site? �� d) Substantially alter the existing drainage pattern of the site or area, including through alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off -site? ,� e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? LI f) Otherwise substantially degrade water quality? n �� g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? 11 h) Place within a 100-year flood hazard area structures which would impede or redirect flood flows? ID i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? ❑ '�, j) Inundation by seiche, tsunami, or mudflow? � (a) through (j): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing would not be altered. No ground -disturbing activities would be involved and the footprint of the existing building would not be altered. Project implementation would not violate any water quality standards or waste discharge requirements; would not substantially 20 I 22 deplete groundwater supplies or interfere substantially with groundwater recharge; would not substantially alter the existing drainage pattern of the site or area; would not create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff; would not otherwise substantially degrade water quality; would not place housing within a 100-year flood hazard area; would not place structures which would impede or redirect flood flows within a 100-year flood hazard area; and would not expose people or structures to a significant risk of loss, injury, death, inundation by seiche, tsunami, or mudflow. Based on the above discussion, it is expected that project implementation would have no adverse impact on hydrology/water quality. Potentially Significant Impact Less Than Significant Impact No Impact IX. LAND USE / PLANNING. Would the project: a) Physically divide an established community? 0 b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? ❑ `{ c) Conflict with any applicable habitat conservation or natural community conservation plan? 0 (a) through (c): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing would not be altered. Project development would occur on an existing developed site and would not change the existing physical setting of the site. The project site is surrounded by developed land uses. Project implementation would not physically divide an established community; would not conflict with any land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect; and would not conflict with any applicable habitat conservation or natural community conservation plan. Based on the above discussion, it is expected that project implementation would have no adverse impact on land use/planning. 21Ii>_.:. ***************************************************************** 23 Potentially Significant Impact Less Than Significant Impact No Impact X. MINERAL RESOURCES. Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State? b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? ❑ 1 (a) and (b): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing would not be altered. No ground -disturbing activities would be involved and the footprint of the existing building would not be altered. Project implementation would not result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the State; and would not result in the Toss of availability of a locally important mineral resource recovery site. Based on the above discussion, it is expected that project implementation would have no adverse impact on mineral resources. Potentially Significant Impact Less Than Significant Impact No Impact Xl. NOISE. Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? 0 b) Exposure of persons to or generation of excessive groundborne vibration or groundborne noise levels? M 0 c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? CI d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? 0 22 I 24 e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? ►Z f) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? ■ 15 (a) through (f): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing would not be altered. No ground -disturbing activities would be involved and the footprint of the existing building would not be altered. As described in Section 6 above, the .new cremator would be delivered to the project site on a flatbed truck and installed within the crematory building. Additionally, there are noise -sensitive land uses located within 1,000 feet of the project site. Residential land use is located approximately 560 feet to the south of the project site, across the Sweetwater River. These residences are located in the City of Chula Vista. However, any off -site audible construction noise related to the project would be short-term and not substantial. Furthermore, noise would be no louder than normal construction activities currently occurring in the area, and would still be subject to noise standards contained in the Municipal Code, which takes into account neighboring land uses. Operation of the cremator within the building is not anticipated to create substantial offsite noise. Project implementation would not result in exposure of persons to or generation of noise levels in excess of applicable standards; would not expose people to or generate excessive groundborne vibration or noise; would not result in a substantial permanent, temporary, or periodic increase in ambient noise levels; and would not affect any airport land use plan or private airstrip. Based on the above discussion, it is expected that project implementation would have no adverse noise impact. Potentially Significant Impact Less Than Significant Impact No Impact XII. POPULATION / HOUSING. Would the project: a) Induce substantial growth in an area either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? 0 23 I t' 25 E• b) _ Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? � I� c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? 0 (a) through (c): The proposed project consists of the installation of a new modem cremator within an existing industrial building. No ground -disturbing activities would be involved and the footprint of the existing building would not be altered. Project implementation would not induce substantial growth and would not displace substantial numbers of housing or people, requiring the construction of replacement housing. Based on the above discussion, it is expected that project implementation would have no adverse impact on population/housing. *****************************************************max********** Potentially Significant Impact Less Than Significant Impact No Impact XIII. PUBLIC SERVICES. Would the project: a) Result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered govemment facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the following public services: Fire protection? ❑ 0 Police protection? � I Schools? � / Parks? �IN '�� Other public facilities? � Q The proposed project consists of the installation of a new modern cremator within an existing industrial building. Project implementation would not result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities; would not result in the need for new or physically altered government facilities, the construction of which could cause significant 241 26 environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives as they relate to fire protection, police protection, schools, parks, or other public services or facilities. Based on the above discussion, it is expected that project implementation would have no adverse impact on public services. ***************************************************************** Potentially Significant Impact Less Than Significant Impact No Impact XIV. RECREATION. a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated.? � IS 0 b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? 2 (a) and (b): The proposed project consists of the installation of a new modern cremator within an existing industrial building. Project implementation would not increase the use of existing neighborhood and regional parks or other recreational facilities and does not include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment. Based on the above discussion, it is expected that project implementation would have no adverse impact on recreation. ***************************************************************** Potentially Significant Impact Less Than Significant Impact No Impact XV. TRANSPORTATION / TRAFFIC. Would the project: a) Cause an increase in traffic which is substantial in relation to the existing traffic load and capacity of the street system (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? 11 25I1'; 27 b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? o `� c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that result in substantial safety risks? @ d) Substantially increase hazards due to a design feature ( e.g. sharp curve or dangerous intersections) or incompatible uses (e.g. farm equipment)? e) Result in inadequate emergency access? 0 i f) Result in inadequate parking capacity? • F g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g. bus turnouts, bicycle racks)? 0 (a) through (g): The proposed project consists of the installation of a new modern cremator within an existing industrial building. The footprint of the existing would not be altered. As described in Section 6 above, the installation of the cremator would result in a maximum of six cremations per day. Project implementation would not cause an increase in traffic which is substantial in relation to the existing traffic Toad and capacity of the street system; would not exceed, either individually or cumulatively, a level of standard established by the :. regional congestion management agency for any road or highway; would not result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks; would not substantially increase hazards due to a design feature or incompatible uses; would not result in inadequate emergency access or parking capacity; and would not conflict with adopted policies, plans, or programs supporting alternative transportation. Based on the above discussion, it is expected that project implementation would have no adverse impact on transportation/traffic. Potentially Significant Impact Less Than Significant Impact No Impact XVI. UTILITIES / SERVICE SYSTEMS. Would the project: 26 1 28 a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? r b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? 0 c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? ❑ r d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? ❑ • e) Result in a determination by the wastewater treatment provider which serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? FI f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? � � — g) Comply with federal, State, and local statutes and regulations related to solid waste? 0 (a) through (g): The proposed project consists of the installation of a new modern cremator within an existing industrial building. Project implementation would not exceed wastewater treatment requirements of the regional water quality control board; would not require or result in the construction of new water, wastewater treatment, or storm water drainage facilities, or the expansion of existing facilities; would not require water supplies in excess of existing entitlements and resources or require new or expanded entitlements; would not require additional wastewater treatment capacity or landfill capacity; and would comply with federal, State, and local statutes and regulations related to solid waste. Based on the above discussion, it is expected that project implementation would have no adverse impact on utilities/service systems. 27 I P: 29 ***************************************************************** Potentially Significant Impact Less Than Significant Impact No Impact XVII. MANDATORY FINDINGS OF SIGNIFICANCE. a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? @ b) Does the project have impacts that are individually limited but cumulatively considerable? ("Cumulatively considerable' means that the incremental effects of a project are considerable when viewed it connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? �� c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (a) through (c): The proposed project consists of the installation of a new modern cremator within an existing industrial building. Based on the analyses presented herein, it is concluded that the project (a) would not: have the potential to degrade the quality of the environment, impact the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory; (b) would not have impacts that are individually limited, but cumulatively considerable; and (c) would not have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly. Based on the above discussion, it is expected that project implementation would have no impact with respect to the mandatory findings of significance. 28I!':si ***************************************************************** 30 RESOLUTION NO. 2014- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CERTIFYING A NEGATIVE DECLARATION AND AUTHORIZING THE CITY COUNCIL TO FILE A NOTICE OF DETERMINATION RELATED TO A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 EAST 35TH STREET, SUITE "A" IN THE COASTAL ZONE (CORTEZ CREMATIONS AND FUNERAL SERVICES CORPORATION) CASE FILE NO. 2014-09 IS; APN: 562-310-65 WHEREAS, application was made for an initial study, for which a Negative Declaration related to a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 West 35th Street, Suite "A", in the Coastal Zone, was prepared and reviewed; and WHEREAS, on August 18, 2014, the Planning Commission of the City of National City, California considered the proposed Negative Declaration, together with any comments received during the public review process, and recommended approval of said items; and WHEREAS, the City Council of the City of National City, considered said Negative Declaration, together with comments any received during the public review process, at a duly advertised public hearing held on October 7, 2014; and WHEREAS, at said public hearing the City Council considered the staff report provided for Case File No. 2014-09 IS, which is maintained by the City and incorporated herein by reference; along with evidence and testimony at said hearing; and, WHEREAS, the City Council has considered the Planning Commission's report and recommendation, and the presentation of staff regarding the proposed Negative Declaration; and WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 18, 2014, and to the City Council at the public hearing held on October 7, 2014 support the following findings: 1. That the project does not have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory. Resolution No. 2014 — Page Two October 7, 2014 2. That the project does not have impacts that are individually limited but cumulatively considerable. 3. That the project does not have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 20 ITEM TITLE: ;Resolution of the City Council of the City of National City approving a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 East 35th Street, Suite "A" in the Coastal Zone (Applicant Cortez Cremations and Funeral Services Corporation) (Case File 2014-09 IS) PREPARED BY: Martin Reeder, AICP DEPARTMENT: ?P PHONE: 336-4313 APPROVED BY: EXPLANATION: the City Council voted to approve this item at the October 7, 2014 public hearing needed to take action on the item. aafached resolution is FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Negative Declaration (2014-09 IS ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: ;Adopt the Resolution, BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: IResolutionl RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A CREMATORIUM TO BE LOCATED AT 100 WEST 35T" STREET, SUITE "A" IN THE COASTAL ZONE CASE FILE NO. 2014-09 CUP, CDP; APN: 562-310-65 (APPLICANT: CORTEZ CREMATIONS AND FUNERAL SERVICES CORPORATION) WHEREAS, the City Council considered a Conditional Use Permit and Coastal Development Permit for a crematorium to be located at 100 West 35th Street, Suite "A" in the Coastal Zone, at a duly advertised public hearings held on October 7, 2014, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report provided for Case File No. 2014-09 CUP, CDP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on October 7, 2014, supports the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to National City Boulevard, an arterial street, and State Route 54, a freeway, to accommodate the additional 23 average daily trips (ADT), and since no building expansion is proposed. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use, which is conditionally -permitted in the Light Manufacturing zone. 4. That the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community who are looking for cremation services. 5. That the granting of this Conditional Use Permit is consistent with and implements the Certified Local Coastal Program, since the project does not involve any land alterations and provides for a use on an existing industrially -zoned parcel in an area designated by the Local Coastal Program and the General Plan for such use. BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map and Consistency Review is approved subject to the following conditions: Resolution No. 2014 — Page Two October 7, 2014 General This Conditional Use Permit and Coastal Development Permit authorize a cremation and funeral services business at the property located at 100 West 35th Street, suite "A". Plans submitted for permits associated with this project shall conform with Exhibit "A", case file no. 2014-09 CUP, CDP, IS, dated June 11, 2014. 1. This Conditional Use Permit and Coastal Development Permit shall take effect until certification of the associated Negative Declaration. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Building 6. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Any existing unpermitted interior improvements shall be legalized and brought up to current codes. Fire 7. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Resolution No. 2014 — Page Three October 7, 2014 8. A separate permit shall be obtained from the National City Fire Department per CFC 904.11 (Commercial Cooking System). 9. Smoke alarms shall be installed per the 2013 California Building Code. 10. Plans submitted for improvements must comply with the 2013 editions of National Fire Protection Association, California Fire Code, and the current edition of the California Code of Regulations. Planning 11. No more than one cremator may be in operation and no more than six cremations may be performed per day. No additional cremators may be installed or additional cremations performed without modification of this Conditional Use Permit. 12. All required federal, state, regional, and local permits shall be obtained prior to operation of the facility (e.g. Authority to Construct and Permit to Operate (APCD), Funeral Director license, cremation license, business license, etc.). 13. Violation of APCD licensing/permitting shall be a violation of this Conditional Use Permit. 14. Project -related air pollutant emission levels shall be below Air Quality Impact Analysis (AQIA) trigger levels established in APCD Rule 20.2 for new or modified stationary sources of emissions. 15. Based on a screening -level Health Risk Assessment conducted by APCD, toxic emissions resulting from project implementation shall not have consequences above acceptable health risk levels. If it is determined that unacceptable health risk levels at the nearest sensitive receptor or land use do exist, APCD permits shall not be issued. BE IT RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 7"' day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 21 ITEM TITLE: Resolution of the City Council of the City of National City approving a Modification of a Previously Approved Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535 National City Blvd. (Applicant Paradise Creek Holding Corporation) (Case File 2012-03 S, DSP) PREPARED BY: 'Martin Reeder, AICP DEPARTMENT: p • PHONE: 336-4313 APPROVED B : EXPLANATION: The City Council voted to approve this item at the October 7, 2014 public hearing. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: An Addendum, prepared September 10, 2009, to the National City Downtown Specific Plan, Final Program Environmental Impact Report, February 2005, SCH #2004011110 ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A MODIFICATION OF A PREVIOUSLY APPROVED TENTATIVE SUBDIVISION MAP AND CONSISTENCY REVIEW FOR "PARK LOFTS" LOCATED AT 1509, 1531, AND 1535 NATIONAL CITY BOULEVARD (PARADISE CREEK HOLDING CORPORATION) WHEREAS, the City Council considered a modification of a previously approved Tentative Subdivision Map and Consistency Review for "Park Lofts" located at 1509, 1531, 1535 National City Blvd., at a duly advertised public hearings held on October 7, 2014, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing, the City Council considered the staff report provided for Case File No. 2012-03 S, DSP, which is maintained by the City and incorporated herein by reference, along with any other evidence presented at said hearing; and WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the evidence presented to the City Council at the public hearing held on October 7, 2014, supports the following findings: 1. The project is consistent with the Downtown Specific Plan for which an Environmental Impact Report was certified and Mitigation Measures and a Mitigation Monitoring and Reporting Program (February 2005 SCH # 2004011110) were adopted. 2. The proposed map is consistent with the General Plan since it is consistent with and implements the Downtown Specific Plan, which is a further refinement of the goals and objectives of the General Plan. 3. The site is physically suitable for the proposed type of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 4. The site is physically suitable for the proposed density of development since the proposed project and all required improvements can be provided on site, and the project would comply with the applicable development standards or has been granted the appropriate exemptions. 5. The design of the subdivision or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat, since the site is was previously developed and is located in a completely urbanized area. 6. The design of the subdivision and the proposed/required improvements are not likely to cause serious public health problems, since all necessary public services, facilities, infrastructure, and utilities will be provided. Resolution No. 2014 — Page Two October 7, 2014 7. The design of the subdivision and the proposed/required improvements will not conflict with easements, acquired by the public at large, for access through or use of the property within the proposed subdivision, or such easements will be provided or relocated as required. 8. The discharge of sewerage waste from the subdivision into the City of National City sewer system will not result in violation of existing requirements prescribed by the California Regional Quality Control Board pursuant to Division 7 (commencing with Section 13000) of the Water Code, as specified by Government Code Section 66474.6. 9. The subdivision has been considered by the Planning Commission with regard to its effect on the housing needs of the region, and these needs are balanced by the public service needs of the residents and available fiscal and environmental resources. 10. The design of the subdivision provides, to the extent feasible, for future passive and natural heating and cooling opportunities in the subdivision, based on consideration of local climate, topography, property configuration and other design and improvement requirements without requiring reduction in allowable density or lot coverage. BE IT FURTHER RESOLVED that the application for Tentative Subdivision Map and Consistency Review is approved subject to the following conditions: 1. Mitigation Measures. The Tentative Subdivision Map shall be subject to all applicable mitigation measures of the adopted Mitigation Monitoring and Reporting Program of the certified Environmental Impact Report for the Downtown Specific Plan. 2. Approved Exhibit. The Tentative Subdivision Map authorizes the subdivision of the subject property for condominium purposes in conformance with Exhibit "A", Case File No. 2012-03 DSP, S, dated February 6, 2012, except as modified by the Conditions of Approval. 3. Consistency Review. The Tentative Subdivision Map shall be consistent with Downtown Specific Plan Consistency Review (2012-03 DSP). 4. Landscape Plans. The applicant shall submit landscape and irrigation plans for approval and shall install and construct all improvements pursuant to the approved plans prior to occupancy. 5. Lighting Plans. The applicant shall submit lighting plans for approval and shall install and construct all lighting pursuant to the approved plans prior to occupancy. Lighting shall be designed to provide adequate illumination for safety, security, identification, and direction as well as for landmark visibility of the primary buildings and/or significant features of the project. 16. Sign Program. The applicant shall submit a sign program for approval, and all signs shall be designed and installed pursuant to the approved sign program. 17. Public Art Program. The applicant shall submit a public art program for approval and shall install, construct, or implement the approved public art program prior to occupancy. The Resolution No. 2014 — Page Three October 7, 2014 installation shall cost no Tess than a half -percent of the project valuation. The applicant may also pay an in -lieu fee of no less than a half -percent of the project valuation. 18. Public Improvements. The applicant shall submit improvement plans for all adjacent public rights -of -way for approval. The plans shall be consistent with the Downtown Specific Plan, including the Open Space Framework, the Streetscape Master Plan, and the Design Guidelines. The improvements shall include but not be limited to streets; alleys; curbs and gutter; sidewalks; medians; parkways; landscape; street lights; street furniture; traffic control; parking facilities; utilities; water, sewer, and drainage facilities; and other necessary facilities and infrastructure. The applicant shall install and construct the improvements pursuant to the approved plans prior to occupancy. 19. Engineering Requirements. The applicant shall comply with all engineering requirements, including the listed requirements. a) A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. b) The Priority Project Applicability checklist for the Standard Urban Storm -water Mitigation Plan (SUSMP) is required to be completed and submitted to the Engineering Department. If it is determined that the project is subject to the Priority Project Permanent Storm Water BMP Requirements" and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP), an approved SUSMP will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. c) The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. d) All surface run-off shall be collected by approved drainage facilities and directed to the street by sidewalk underdrains or a curb outlet. Adjacent properties shall be protected from surface run-off resulting from this development. e) A grading and drainage plan shall be submitted showing all of the proposed and existing on -site and off -site improvements. The plan shall be prepared in accordance with the City's standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Resolution No. 2014 — Page Four October 7, 2014 Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. The checklists for preparation of the grading plan, drainage plan, and Standard Urban Storm Water Mitigation Plan (SUSMP) are available at the Engineering Department. f) A National Pollutant Discharge Elimination System (NPDES) permit is required for discharged of storm water runoff associated with construction activity where clearing, grading, and excavation results in a land disturbance. A construction stormwater permit shall be obtained from the Regional Water Quality Control Board. A copy of the permit shall be given to the City of National City Engineering Department prior to any work beginning on the project. A sewer permit will be required. A sewer study shall consider the adequacy of the existing sewer system. The sewer study recommendations shall be part of the Engineering Department Requirements. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 8-inch in size with a clean out and the installation of a manhole in the street. A sewer stamp "S" shall be provided on the curb to mark the location of the lateral. A sewer main runs through the alley that shall be addressed or relocated if building is to be constructed in this location. h) A soils engineering report shall be submitted for the Engineering Department's review, after Planning Commission approval. The report shall address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable soil bearing pressure. As a minimum, the parking lot pavement sections shall be 2-inch A.C. over 4-inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. i) The deteriorated portions of existing street improvements (including sidewalks and curbs) along the property frontages shall be removed and replaced, unless other funding sources become available that allow alternative options. j) A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. k) Street improvements shall be in accordance with City Standards. Abandoned driveway aprons shall be replaced with curbs, gutters, and sidewalks. I) A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership of the property. g) Resolution No. 2014 — Page Five October 7, 2014 m) A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. n) An existing 35-foot wide drainage easement reserved to the City of National City exists at the south side of the property. No building encroachment will be allowed within the easement. The easement shall be shown on the grading plans and on the final map o) The Final Map shall meet all of the requirements of the Subdivision Map Act, and the City of National City Municipal Codes including certification, acknowledgement, complete boundary information and monumentation. p) The subdivider shall submit an approval letter from Sweetwater Authority stating fire flow requirements have been met. If additional improvements are needed, the developer shall enter into an agreement for the water improvements with the Authority prior to obtaining the Final Map approval. q) The developer shall bond for the monumentation, the public improvements and the on -site grading, drainage, landscaping, and other improvements through an agreement with the City prior to the approval of the Final Map. r) The proposed street and alley vacation at this site shall be approved by the City council prior to the final map approval. City vehicle access shall be provided to maintain the park. s) All utility distribution facilities within the boundaries of the subdivision, and within the half street abutting the new subdivision, shall be placed underground. t) The Final Map shall be recorded prior to issuance of any building permit. u) All new property line survey monuments shall be set on private property, unless otherwise approved. v) The Final Map shall use the California Coordinate System for its "Basis of Bearings" and express all measured and calculated bearings in terms of the system. The angle of grid divergence from a true meridian and the north point shall appear on the map. Two measured ties from the boundary of the property to existing horizontal control stations shall be shown. 20. Public Works Requirements. The applicant shall comply with all public works requirements, including the listed requirements. Resolution No. 2014 — Page Six October 7, 2014 a) The developer shall replace the existing sidewalks adjacent to the project. b) The developer shall replace the existing street trees with a tree palette commensurate with the building's architecture and adjacent landscaping theme. c) The developer shall install streetlights along street and paseo frontages. d) Vine type plants shall be planted to cover the wall along the east project boundary, and shall be maintained by the project HOA. 21. Fire Department Requirements. The applicant shall comply with all Fire Department requirements, including the listed requirements. a) The project shall be built to code. The National City Fire Department utilizes the 2013 edition of the California Fire Code and the current edition of the National Fire Protection Association (NFPA) Codes and Standards. b) Sprinkler piping and fire detection devices shall be automatically supervised where more than 20 sprinklers are on the system per NFPA 13, Chapter 7 Section 7.3.2.4 Supervision. A fire alarm system is required. c) Standpipes shall be required at ground level due to zero emergency access. A fire protection engineer shall be contacted for direction on design. d) Circumferential travel, including the area containing tennis courts and the skate park, is required. If no circumferential travel is provided, emergency access through buildings will be required per the CFC Chapter 5 and Appendix D. This comment shall be memorialized on all submitted plans as discussed in meeting which occurred on January 4, 2012, at City Hall. e) If a sprinkler and/or alarm system is required, plans for such systems shall be submitted directly to the National City Fire Department. 22. Building Department Requirements. Plans submitted for construction shall comply with the 2013 editions of the California Accessibility, Building, Electrical, Mechanical, Plumbing, Energy, Fire, Residential, and Green Codes. 23. Police Department Requirements. The applicant shall comply with all Police Department requirements, including the listed requirements. a) The project shall comply with the crime free multi -housing criteria and crime prevention through environmental design standards. b) The project shall incorporate a camera system for security monitoring purposes of the common open public spaces and retail areas of this project. Such camera system should be compatible to operationally integrate with the current Police Department security camera project scheduled for various areas throughout the City. Resolution No. 2014 — Page Seven October 7, 2014 24. Covenants, Conditions, and Restrictions. The applicant shall submit a declaration of covenants, conditions, and restrictions for approval prior to approval of a final subdivision map. The CC&Rs shall run with the land, clearly setting forth privileges and responsibilities, including maintenance, involved in the common ownership of buildings, streets, parking areas, walks, open spaces, recreation areas, utilities, and common areas and facilities. The CC&Rs shall allow the City of National City the authority but not the obligation to assume the maintenance of the property and assess the full cost, including overhead costs, as a lien against the property if said property is not adequately maintained pursuant to the CC&Rs. The CC&Rs shall include a determination that the funds provided by the maintenance provisions will be sufficient to cover all contemplated costs. The CC&Rs shall be approved as to form and content by the City Attorney of the City of National City. 25. Property Owners Association. A corporation, association, property owners' group, or similar entity shall be formed with the right to assess properties that are jointly owned with interests in the common areas and facilities in the entire development to meet the expenses of such entity, and with authority to control, and the duty to maintain, all such common areas and facilities. Such entity shall operate under recorded CC&Rs approved by the City of National City, which shall include compulsory membership of all property owners and flexibility of assessments to meet changing costs of maintenance, repairs, and services. 26. Landscape Maintenance District. Pursuant to the Implementation Program of the Downtown Specific Plan, if a landscape maintenance district is formed, the subject property shall be incorporated into the landscape maintenance district and assessed as provided for in the district for purposes for which the district was formed. 27. Parking District. Pursuant to the Implementation Program of the Downtown Specific Plan, if a parking district is formed, the subject property shall be incorporated into the parking district and assessed as provided for in the district for purposes for which the district was formed. 28. Acceptance of Conditions. The applicant and property owner shall sign and have notarized an Acceptance Form acknowledging and accepting all conditions of approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of approval of this permit shall automatically terminate this permit. The applicant shall record a Notice of Restriction on Real Property with the San Diego County Recorder. The Notice of Restriction shall provide that the conditions of approval of this permit are binding on all present and future interest or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney of the City of National City and signed by the City Manager of the City of National City prior to recordation. 29. Expiration. The approved Tentative Subdivision Map shall expire two years after the effective date of approval unless prior to that date a request for a time extension not exceeding three years has been filed as provided by Municipal Code Section 17.04.070. 30. Plans submitted for construction permits shall be in compliance with all required parking standards as set forth in the Land Use Code and/or the Downtown Specific Plan. Resolution No. 2014 — Page Eight October 7, 2014 31. A faux storefront/window treatments shall be installed along the south and north elevations of each building to the extent feasible. BE IT RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Della, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 22 ITEM TITLE: Resolution of the City Council of the City of National City increasing the contract with Clauss Construction in the not to exceed amount of $845,000 for the 2020 and 2100 Hoover Avenue Site Remediation and Demolition Project, Specification No. 13-01, and authorizing the Mayor to execute any and all change orders in excess of $50,000 up to the not to exceed limit. PREPARED BY: Stephen Manganiello DEPARTMENT: n•ineerin& Public Works PHONE: 336-4382 APPROVED BY: ,t( EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: ti6{ Finance APPROVED: MIS Revenue Accounts: 001-06029-3648 (WI-TOD Site Infrastructure) - $445,000; 523-00000-3498 (Brownfield Grant) - $400,000 Expenditure Accounts: 001-409-500-598-1596 (WI-TOD Site Remediation) - $445,000; 523-409-500-598-1596 (WI-TOD Site Remediation) - $400,000 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Engineers Estimate 3. Resolution Attachment No. 1 Explanation The Westside Infill — Transit Oriented Development (WI-TOD), also known as the Paradise Creek Affordable Housing Project, is a 201-unit affordable housing development on the east side of Paradise Creek, and the expansion of Paradise Creek Educational Park on the west side of the creek. After adoption of the Westside Specific Plan, a request for proposals was issued, and a Developer was selected to develop the site. Paradise Creek Housing Partners, L.P., a California limited partnership ("Developer") and the Community Development Commission of the City of National City ("CDC") entered into a Disposition and Development Agreement titled Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project and dated June 21, 2011 ("DDA"). Per the DDA, National City is required to deliver the WI-TOD project site clean and free of contaminants. The DDA is an enforceable obligation of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. On February 4, 2014, through Resolution No. 2014-16, City Council awarded a contract in the amount of $858,609 to Clauss Construction for the 2020 and 2100 Hoover Avenue Site Remediation and Demolition Project in order to deliver a clean site for the WI-TOD project, consistent with the DDA. City Council also authorized a 25% contingency for unforeseen conditions. This contract provides for excavation and disposal of all contaminated soils on the WI-TOD site as identified in the Property Mitigation Plan (PMP), which was approved by City Council on March 23, 2012. In accordance with the PMP, the City's Environmental Consultant, E2 ManageTech, Inc. (E2), conducted site investigations of the WI-TOD site for review and approval by the California Department of Toxic Substances Control (DTSC) both prior to and subsequent to the date of bid and commencement of work under the contract with Clauss Construction. An addendum to the PMP that incorporated the supplemental information obtained from the site investigations was approved by City Council on April 1, 2014. After approval of the PMP addendum and commencement of work under the contract with Clauss Construction, the DTSC determined that the data obtained from additional site investigations and confirmation sampling of the excavated locations required the City to excavate, characterize, and dispose of additional soils on the eastside of Paradise Creek in order to obtain regulatory closure. Based on testing and characterization of soils recently excavated from the west side of Paradise Creek, additional excavation and disposal will be required to obtain regulatory closure. The approved contract amounts, including contingencies, under the current contract with Clauss Construction are insufficient to complete these remaining Attachment No. 1 items of work, which are required to obtain regulatory closure. Since the quantities for specific items of work will exceed the bid quantities by more than twenty-five percent (25%), the Contractor and City are currently re -negotiating lower bid prices for these items as afforded by Section 3-2.2.2 of the Greenbook for Public Works Construction. In an effort to continue site remediation efforts in a timely manner in order to obtain regulatory closure of the WI-TOD site prior to turnover of the site to the Developer, staff requests that City Council approve an increase to the contract with Clauss Construction in a not to exceed amount of $845,000 (see attached Engineers' Estimate), and authorize the Mayor to execute any and all change orders in excess of $50,000 up to the not to exceed limit. The new contract amount, which includes the original 25% contingency, would be $1,918,261.25. Funding for the contract increase is available by transferring $445,000 previously appropriated through the WI-TOD Site Infrastructure Agreement to the relocation of Public Works under account no. 001-409-500-598-1595 and $400,000 in EPA grant funds granted to the Housing Authority for site remediation. Competitive bidding for the additional work described above is not required because the improvements are of the same nature and character as the work performed under the original contract and because bidding would not be in the public interest and would not produce an advantage for the following reasons: • A competitive bidding process for the change order improvements would result in increases in consultant costs and staff time for the City to administer an additional bidding process and manage a new construction contract; • The City and Contractor are negotiating unit prices equal to or lower than those obtained during the prior public bidding process for specific items of work; and • A competitive bidding process would result in significant delay and compromise the City's ability to complete the improvements and obtain regulatory compliance in a timely manner in order to turnover the WI-TOD site to the Developer. AtM c Y, vy ern f.Jo . 2.. 2020/2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION Specification No. 13-01 Engineer's Estimate September 25, 2014 Item No. DESCRIPTION Projected Costs to Obtain Regulatory Closure Area of Concern (AOC) 1 1 Remove and dispose of contaminated soils at the previous vehicle lift location and dispose of at Otay Landfill, California (AOC-01), Copper Mountain Landfill, Arizona (AOC-01), and U.S. Ecology Landfill, Nevada (AOC-01). $ 99,666.50 2 Import, mix, place and compact unclassified fill at the previous lift location $ 47,740.25 3 Excavation, mix, replace and compact clean overburden at the previous vehicle lift location $ 13,072.00 AOCs 2, 8 1 Remove and dispose of miscellaneous contaminated soil as directed by the Engineer to Otay Landfill, Chula Vista, CA (AOC 2 & 8), Copper Mountain Landfill, Arizona (AOC 2 & 8), and US Ecology Landfill, Nevada (AOC 2 & 8) $ 187,500.00 AOC 5 1 Remove and dispose of contaminated soil on the parcel West of Paradise Creek to the Copper Mountain Landfill, Arizona (AOC-05) $ 418,600.00 2020 Hoover'Avet ue 1 Clearing and Grubbing 2020 Hoover Avenue including uknown concrete slab $ 122,100.00 AOCS'6, 7 1 (Contingency $ 368,000.00 Projected Cost to Complete Site Remediation: Costs Covered Under the Original Contract plus 25% Contingency: Remaining Funds needed to Complete Site Remediation: $ 1,256,678.75 $ 411,604.00 $ 845,074.75 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY INCREASING THE CONTRACT WITH CLAUSS CONSTRUCTION IN THE NOT TO EXCEED AMOUNT OF $845,000 FOR THE 2020 AND 2100 HOOVER AVENUE SITE REMEDIATION AND DEMOLITION PROJECT, SPECIFICATION NO. 13-01, AND AUTHORIZING THE MAYOR TO EXECUTE ANY AND ALL CHANGE ORDERS IN EXCESS OF $50,000 UP TO THE NOT TO EXCEED LIMIT WHEREAS, the Westside Infill — Transit Oriented Development (WI-TOD), also known as the Paradise Creek Affordable Housing Project, is a 201-unit affordable housing development on the east side of Paradise Creek, and the expansion of Paradise Creek Educational Park on the west side of the creek; and WHEREAS, Paradise Creek Housing Partners, LP (the "Developer") and the Community Development Commission ("CDC") entered into a Disposition and Development Agreement titled Transit Oriented Infill Affordable Housing and Paradise Creek Enhancement Project, dated June 21, 2011 ("DDA"). The DDA is an enforceable obligation of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. Pursuant to the DDA, National City is required to deliver the WI-TOD project site clean and free of contaminants; and WHEREAS, on February 4, 2014, the City Council adopted Resolution No. 2014- 16, awarding a contract in the amount of $858,609 to Clauss Construction for the 2020 and 2100 Hoover Avenue Site Remediation and Demolition Project in order to deliver a clean site for the WI-TOD project, consistent with the DDA. City Council also authorized a 25% contingency for unforeseen conditions; and WHEREAS, in accordance with the PMP, the City's Environmental Consultant, E2 ManageTech, Inc. (E2), conducted site investigations of the WI-TOD site for review and approval by the California Department of Toxic Substances Control (DTSC) both prior to and subsequent to the date of bid and commencement of work under the Remediation Contract. An addendum to the PMP that incorporated the supplemental information obtained from the site investigations was approved by Council on April 1, 2014; and WHEREAS, after approval of the PMP addendum and commencement of work under the contract with Clauss Construction, the DTSC determined that the data obtained from additional site investigations and confirmation sampling of the excavated locations required the City to excavate, characterize, and dispose of additional soils on the eastside of Paradise Creek in order to obtain regulatory closure. Based on testing and characterization of soils recently excavated from the west side of Paradise Creek, additional excavation and disposal will be required to obtain regulatory closure; and WHEREAS, the approved contract amounts, including contingencies, under the current contract with Clauss Construction are insufficient to complete these remaining items of work, which are required to obtain regulatory closure. Since the quantities for specific items of work will exceed the bid quantities by more than twenty-five percent (25%), the Contractor and City are currently re -negotiating lower bid prices for these items as afforded by Section 3-2.2.2 of the Greenbook for Public Works Construction; and Resolution No. 2014 — Page Two WHEREAS, competitive bidding for the additional work described above is not required because the improvements are of the same nature and character as the work performed under the original contract and because bidding would not be in the public interest and would not produce an advantage for the following reasons: • A competitive bidding process for the change order improvements would result in increases in consultant costs and staff time for the City to administer an additional bidding process and manage a new construction contract; • The City and Contractor are negotiating unit prices equal to or lower than those obtained during the prior public bidding process for specific items of work; • A competitive bidding process would result in significant delay and compromise the City's ability to complete the improvements and obtain regulatory compliance in a timely manner in order to turnover the WI-TOD site to the Developer; and WHEREAS, in an effort to continue site remediation efforts in a timely manner in order to obtain regulatory closure of the WI-TOD site prior to turnover of the site to the Developer, the following actions are requested: • an increase to the contract with Clauss Construction in a not to exceed amount of $845,000 (see attached Engineers' Estimate), for a new contract amount, including the original 25% contingency, of $1,918,261.25; • authorize the Mayor to execute any and all change orders in excess of $50,000 up to the not to exceed limit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves an increase to the Contract with Clauss Construction in a not to exceed amount of $845,000 (see attached Engineers' Estimate), for a new contract amount, including the original 25% contingency, of $1,918,261.25 for the 2020 and 2100 Hoover Avenue Site Remediation and Demolition Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the Mayor to execute future change orders in excess of $50,000 associated with, and not to exceed in total, said increase in contract amount. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 0/2100 HOOVER AVENUE REMEDIATION AND SITE DEMOLITION Specification No. 13-01 Engineer's Estimate September 25, 2014 Item No. DESCRIPTION Projected Costs to Obtain Regulatory Closure 1 Remove and dispose of contaminated soils at the previous vehicle lift location and dispose of at Otay Landfill, California (AOC-01), Copper Mountain Landfill, Arizona (AOC-01), and U.S. Ecology Landfill, Nevada (AOC-01). 99,666.50 2 Import, mix, place and compact unclassified fill at the previous lift location 47,740.25 3 Excavation, mix, replace and compact clean overburden at the previous vehicle lift location 13,072.00 1 1 Remove and dispose of miscellaneous contaminated soil as directed by the Engineer to Otay Landfill, Chula Vista, CA (AOC 2 & 8), Copper Mountain Landfill, Arizona (AOC 2 & 8), and US Ecology Landfill, Nevada (AOC 2 & 8) Remove and dispose of contaminated soil on the parcel West of Paradise Creek to the Copper Mountain Landfill, Arizona (AOC-05) 1 Clearing and Grubbing 2020 Hoover Avenue including uknown concrete slab 1 Contingency 187,500.00 418,600.00 122,100.00 Projected Cost to Complete: Original Contract Amount: Remaining Costs to Complete: 353,240.00 1,241,918.75 396,844.00 845,074.75 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City opposing Proposition 47, also known as the "The Safe Neighborhoods and Schools Act". PREPARED BY: Captain David Espiritu DEPARTMENT: P lilicDe partment PHONE: 336-4491'APPROVED BY: l���'� Z I�%� EXPLANATION: Proposition 47 has qualified for the November 4, 2014 Statewide General Election and the proponents of this measure concede that Proposition 47 will make up to 10,000 felons eligible for early release. With the implementation of Public Safety Realignment in 2011, which altered sentencing policy by shifting all newly convicted non-violent, non -serious, non -sex offenders to county supervision, there is currently a significantly diminished population of non-violent offenders in California's prisons, and there is a legitimate questions to how many of the 10,000 inmates eligible for early release could be classified as high -risk for committing subsequent violent offenses. Proposition 47 contains provisions which would reduce penalties for stealing a gun, commercial burglary, identify theft, possession of controlled substances, including date rape drugs, from felonies to misdemeanors. Proposition 47 hurts local businesses by making retail theft a misdemeanor and provides no direct funding to law enforcement `oward goals for reducing crime and victimization. Proposition 47 is opposed by the California State \ssociation of Counties (CSAC), the California State Sheriff's Association, the California Police Chief's Association, the California District Attorney's Association and the League of California Cites. FINANCIAL STATEMENT: ACCOUNT NO. N/A� ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Oppose Proposition 47 on the November 4, 2014 ballot) BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: kttorney General Summary League of Cities Position Proposition 47 language County of San Diego Agenda Item, Chief's Memorandum NATIONAL CITY POLICE DEPARTMENT MEMORANDUM DATE: September 24, 2014 TO: Leslie Deese, City Manager FROM: Manuel Rodriguez, Chief of Police SUBJECT: Opposition to Proposition 47 (The Safe Neighborhood and Schools Act) Summary The California Police Chiefs Association and the League of California Cities are opposing Proposition 47, also known as "The Safe Neighborhoods and Schools Act." Cities have been asked to join the no on Proposition 47 by passing resolutions and thus informing voters about this ill-conceived proposition. While the intent of this act is well intentioned, in that it alters sentencing of low- level nonviolent crimes such as drug possession and petty theft from felonies to misdemeanors it has the consequence of reducing accountability when 'date rape' drugs are used and dangerous weapons stolen. Background According to The California Police Chiefs Association, Proposition 47 is not a responsible long-term solution to California's overcrowded criminal justice system. There is nothing progressive about disincentivizing rehabilitation, reducing the penalties for the possession of predatory drugs and downgrading the theft of a firearm to a misdemeanor. This poorly drafted initiative opens the doors for the early release of up to 10,000 felons from state prison, all of whom have committed serious and/ or violent crimes. Proposition 47 not only reduces the penalty for personal drug possession, it also decreases the penalty for the possession of predatory "date rape" drugs such as rohypnol, ketamine, and GHB. 1200 National City Boulevard National City, CA 91950 (619) 336-45111Fax (619) 336-4525 o Prop 47 provides sexual predators in possession of date rape drugs with a "get out of jail free" card; regardless of how many times a predator is caught with date rape drugs. o There are no "petty" criminals in our prison system anymore, nor is anyone in California incarcerated for simple drug possession. o Possession of marijuana is an infraction in California, punishable by a fine of no more than $100. No one is incarcerated for personal possession of marijuana under California law. o When it comes to simple drug possession, California is committed to rehabilitation and treatment, not incarceration ■ Proposition 36 (2010) Proposition 47 would redefine grand theft in such a way that any theft, including the theft of a firearm, would only be considered a felony if the value of the object is $950 or more. o Law enforcement does not have the ability to determine if a person is in possession of a firearm if that firearm has been obtained by illegal means. o This shortcoming would effectively deteriorate years of California policymaking aimed at reducing gun violence. Conclusion Prop 47 does not advance California and its passage would not be responsible for keeping low-level offenders out of our state prison system. Reducing the penalties for crimes such as possession of predatory drugs and the theft of a firearm is not a responsible, sustainable, or realistic approach to addressing prison overcrowding. Cities and counties are urged to take a stand against Proposition 47. Please call me a ,619- 36-4510 with any questions. MANUEt'RODRIGUEZ 1200 National City Boulevard National City, CA 91950 (619) 336-4511/Fax (619) 336-4525 February 14, 2014 Initiative 13-0060 The Attorney General of California has prepared the following title and summary of the chief purpose and points of the proposed measure: CRIMINAL SENTENCES. MISDEMEANOR PENALTIES. INITIATIVE STATUTE. Requires misdemeanor sentence instead of felony for petty theft, receiving stolen property, and forging/writing bad checks when value or amount involved is $950 or less. Requires misdemeanor sentence instead of felony for certain drug possession offenses. Allows felony sentence for these offenses if person has previous conviction for crimes such as rape, murder or child molestation or is a registered sex offender. Requires resentencing for persons serving felony sentences for these offenses unless court finds unreasonable public safety risk. Applies savings to mental health and drug treatment programs, K-12 schools, and crime victims. Summary of estimate by Legislative Analyst and Director of Finance of fiscal impact on state and local government: Net state criminal justice system savings that could reach the low hundreds of millions of dollars annually, which would be spent on truancy prevention, mental health and substance abuse treatment, and victim services. Net county criminal justice system savings that could reach the low hundreds of millions of dollars annually. (13-0060.) League Takes Official Positions on Four Upcoming November Ballot Measures Sample Resolutions For Cities Attached September 22, 2014 The League has taken positions on four of the six ballot measures on the 2014 November general election ballot. In order for the League to take a position on a proposition, it must first qualify for a general election ballot, followed by the League board of directors approving the proposed position by a two-thirds vote. The following list contains brief description of the four ballot measures the League has taken positions on. In addition, sample position resolutions are provided below for cities to use should they choose to take a formal position on a specific measure. Proposition 1: Water Quality, Supply, and Infrastructure Improvement Act of 2014 Upon approval of voters, Prop. 1 would provide a total of $7.545 billion in bond funding for water related projects such as water conservation, groundwater recharge, stormwater capture and reuse/Clean Water Act Compliance, watershed restoration, water storage and conveyance and water recycling and reuse. The $7.545 billion in funding would come from the issuance of $7.12 billion in new general obligation (GO) bonds and the reallocation of $425 million in existing bond funds previously approved by voters. Funding for water projects would be subject to the following breakdown: Clean, Safe, and Reliable Drinking Water: $520 million • $260 million deposit in the State Water Pollution Control Revolving Fund Small Community Grant Fund for grants for wastewater treatment projects. Priority shall be given to projects that serve disadvantaged communities and severely disadvantaged communities, and to projects that address public health hazards. • $260 million for grants and loans for public water system infrastructure improvements to meet safe drinking water standards, ensure affordable drinking water, or both. Priority shall be given to projects that provide treatment for contamination or access to an alternate drinking water source or sources for small community water systems or state small water systems in disadvantaged communities whose drinking water source is impaired by chemical and nitrate contaminants and other health hazards. Protecting River, Lakes, Streams, Coastal Waters, and Watersheds: $1.495 billion • *$327.5 million for Conservancies to fund projects that restore, enhance, and protect watersheds. • *$100 million to protect and enhance urban creeks. • *$20 million shall be made available for a competitive program to fund multi -benefit watershed and urban rivers enhancement projects in urban watersheds that increase regional and local water self-sufficiency and that meet at least two of the following objectives: o Promote groundwater recharge and water reuse. o Reduce energy consumption. o Use soils, plants, and natural processes to treat runoff. o Create or restore native habitat. o Increase regional and local resiliency and adaptability to climate change. o At least 25 percent of the funds available pursuant to this section shall be allocated for projects that benefit disadvantaged communities. Up to 10 percent of the funds available pursuant to this section may be allocated for project planning. • $87 million to the Department of Fish and Wildlife for water quality, ecosystem restoration, and fish protection facilities that benefit the Delta. Regional Water Security, Climate, and Drought Preparedness: $810 million • *$510 million for hydrologic regions identified in the Water Action Plan for regional self-reliance security; grants and loans for projects included in an IRWM plan. • *$100 million for grants and loans for water conservation and efficiency plans, projects, and programs. • *$200 million for grants for multi -benefit stormwater management projects. Statewide Water System Operational Improvement and Drought Preparedness: $2.7 billion • *$2.7 billion for surface and subsurface water storage. • *Funds are continuously appropriated. Water Recycling: $725 million • *$725 million for grants and loans for water recycling and advanced treatment projects. Groundwater Sustainability: $900 million • *$720 million for competitive grants, and loans for, projects to prevent or clean up the contamination of groundwater that serves or has served as a source of drinking water. Funds may also be used for projects necessary to protect public health by preventing or reducing the contamination of groundwater that serves or has served as a major source of drinking water for a community. • *$80 million for grants for treatment and remediation activities that prevent or reduce the contamination of groundwater that serves as a source of drinking water. • *$100 million of grants for projects that develop and implement groundwater plans. 3 Flood Management: $395 million • $295 million to reduce the risk of levee failure and flood in the Delta. * Indicates consistency with League water bond priorities. League Position: Support Many of the funding provisions outlined in Prop. 1 are consistent with water bond priorities developed by the League's Water Bond Task Force. The League supports this bipartisan proposal because it would provide financial support to help local communities provide reliable and clean drinking water. • Sample City Resolution Proposition 2: Rainy Day Budget Stabilization Fund Act The measure establishes new state budget reserve fund requirements and policies and was approved by the Legislature on May 15, 2014, with strong bipartisan support. In conjunction with this action, the Legislature removed ACA 4 of 2009 from the November ballot, a previously adopted state reserve fund proposal that had not yet been submitted to the voters. Specifically, the measure: • Requires 1.5 percent of general fund (GF) revenues to be placed annually into a reserve fund called the Budget Stabilization Account (BSA). Caps the reserve at no more than 10 percent of GF revenues, and requires any additional contributions to be spent on infrastructure. • Directs 50 percent of funds, that would have otherwise been deposited into the BSA to pay down any of the following through FY 2029-2030: o Previous Prop. 98 school obligations; o Previous budgetary loans; o Local mandates owed pre FY 2004-05; or o Supplemental payments to reduce pension and benefit liabilities. • Allows for budget reserve withdrawals or deposit suspensions following a gubernatorial finding of a "budget emergency." • Creates a Prop. 98 reserve where capital gains revenues exceeding 8 percent of GF revenues (that are allocated to the Prop. 98 guarantee) can be placed into a reserve fund. Increases in funding related to capital gains would be retained for future years of decline. Deposits would be made after required increases in enrollment growth and cost -of -living and once the current maintenance factor was paid. League Position: Support The League believes Prop. 44 will bring more stability to the state's finances and supports the measure's key principles of fiscal discipline, debt repayment and saving in preparation for the next economic downturn. • Sample City Resolution Proposition 46: Troy and Alana Pack Patient Safety Act of 2014 In response to ever-increasing medical liability costs, the Governor signed the Medical Injury Compensation Reform Act (MICRA) in 1975 to cap medical malpractice damages. Under MICRA, noneconomic damages (pain and suffering, emotional distress) are capped at $250,000, while economic damages (medical costs, lost wages, and lifetime earning potential) are unlimited. Prop. 46 seeks to repeal the cap and increase the state's medical malpractice damage limits. The nonpartisan Legislative Analyst Office (LAO) predicts that state and local government health care costs would increase "likely ranging from the tens of millions of dollars to several hundred million dollars annually" if the cap were to increase as proposed. Specifically, the measure: • Adjusts the current $250,000 cap on noneconomic damages for inflation, which, according to LAO, would bring the new cap to $1.1 million; • Requires reporting of suspected physician drug or alcohol impairment or failure to follow appropriate standard of care; • Requires hospitals to conduct alcohol and drug testing on physicians; and • Requires health care practitioners and pharmacists to consult the Controlled Substance Utilization and Review Evaluation System (CURES). CURES are an electronic monitoring system for the prescribing and dispensing of specific controlled substances. It is monitored by the California State Department of Justice and is intended to curb prescription drug abuse. League Position: Oppose While the measure contains other provisions of undeniable merit, the League opposes the significant cost increases local governments may incur due to increased medical liability costs resulting from repealing the MICRA cap. • Sample City Resolution Proposition 47: Safe Neighborhoods and Schools Act This measure seeks to enact the significant changes in sentencing policy and direct any resulting state savings to support mental health and substance abuse treatment (65 percent), truancy and drop -out prevention (25 percent), and victim services (10 percent). Specifically, the measure would: 5 • Reduce sentencing penalties for specified non -serious and non-violent drug and property crimes. Specifically, it would direct that the following offenses be treated as misdemeanors, in most instances irrespective of the circumstances: o Commercial Burglary • Entering a commercial establishment during business hours with intent to commit larceny of property not exceeding $950 will no longer be deemed commercial burglary. Instead, it will be defined as shoplifting, which is a misdemeanor. o Forgery • Under current law, forgery can be charged as a felony or misdemeanor (known as a "wobbler") but Prop. 47 will re -define it to be a misdemeanor if the defendant is forging a financial instrument that does not exceed $950.00 in value. As drafted, Prop. 47 would provide that even if the person has forged multiple documents whose total value exceeded $950.00, that individual could only be charged with a misdemeanor, so long as no individual financial instrument exceeded the threshold. o Passing Bad Checks • Current law provides that the current threshold for felony prosecution for this offense is $450.00, but Prop. 47 would increase this threshold to $950.00. Current law provides that one prior conviction of this offense would trigger a felony charge on the second offense; but Prop. 47 requires three prior convictions for similar offenses. o Grand Theft • The provisions pertaining to grand theft will reduce the theft of all personal property, including all but the most exotic handguns, to a misdemeanor, ushering in a major change in current criminal justice policy. Prop. 47 states that all theft of property less than $950.00 in value shall be a misdemeanor offense. o Receipt of Stolen Property • Under current law, receipt of stolen property is a felony/misdemeanor wobbler, with district attorneys granted discretion on how to charge the offense if the value of the property did not exceed $950.00 — however Prop. 47 defines all such cases under $950.00 to be misdemeanors. o Petty Theft with a Prior Offense • Under current law, a defendant with more than three prior offenses for theft could be charged with a felony if charged with the offense a fourth time. Under Prop. 47, felony penalties only apply if the person had been previously convicted of a serious or violent felony and had a theft -related related prior. o Drug Possession • Under Prop. 47, all drug possession cases will be reduced to misdemeanors. District attorneys would be stripped of discretion about whether to charge such offenses as felonies. This provision does not distinguish between "simple possession" and "possession for sale" — despite the fact that there can be a quantum difference in the amounts of a controlled substance involved between those two offenses. Prop. 47 makes THE SAFE NEIGHBORHOODS AND SCHOOLS ACT SECTION ONE. Title. This Act shall be known as "the Safe Neighborhoods and Schools Act." SECTION TWO. Findings and Declarations. The people of the State of California find and declare as follows: The People enact the Safe Neighborhoods and Schools Act to ensure that prison spending is focused on violent and serious offenses, maximize alternatives for non - serious, nonviolent crime, and invest the savings generated from this Act into prevention and support programs in K-12 schools, victim services, and mental health and drug treatment. This Act ensures that sentences for people convicted of dangerous crimes like rape, murder, and child molestation are not changed. SECTION THREE. Purpose and Intent. In enacting this Act, it is the purpose and intent of the people of the State of California to: (1) Ensure that people convicted of murder, rape, and child molestation will not benefit from this Act. (2) Create the Safe Neighborhoods and Schools Fund with 25% of the funds to be provided to the Department of Education for crime prevention and support programs in K-12 schools, 10% of the funds for trauma recovery services for crime victims, and 65% of the funds for mental health and substance abuse treatment programs to reduce recidivism of people in the justice system. (3) Require misdemeanors instead of felonies for non -serious, nonviolent crimes like petty theft and drug possession, unless the defendant has prior convictions for specified violent or serious crimes. (4) Authorize consideration of resentencing for anyone who is currently serving a sentence for any of the offenses listed herein that are now misdemeanors. (5) Require a thorough review of criminal history and risk assessment of any individuals before resentencing to ensure that they do not pose a risk to public safety. (6) This measure will save significant state corrections dollars on an annual basis. 1 Preliminary estimates range from $150 million to $250 million per year. This measure will increase investments in programs that reduce crime and improve public safety, such as prevention programs in K-12 schools, victim services, and mental health and drug treatment, which will reduce future expenditures for corrections. SECTION FOUR. Chapter 33 (commencing with Section 7599) is added to Division 7 of Title 1 of the Government Code, to read: Chapter 33. Creation of Safe Neighborhoods and Schools Fund 7599. (a) A fund to be known as the "Safe Neighborhoods and Schools Fund" is hereby created within the State Treasury and, notwithstanding Government Code section 13340, is continuously appropriated without regard for fiscal year for carrying out the purposes of this chapter. (b) Forpurposes of the calculations required by Section 8 of Article XVI of the California Constitution, funds transferred to the Safe Neighborhoods and Schools Fund shall be considered General Fund revenues which may be appropriated pursuant to Article XIII B. 7599.1. Funding Appropriation (a) On or before July 31, 2016, and on or before July 31 of each fiscal year thereafter, the Director of Finance shall calculate the savings that accrued to the state from the implementation of this Act during the fiscal year ending June 30, as compared to the fiscal year preceding the enactment of this Act. In making the calculation required by this subdivision, the Director of Finance shall use actual data or best available estimates where actual data is not available. The calculation shall be final and shall not be adjusted for any subsequent changes in the underlying data. The Director of Finance shall certify the results of the calculation to the Controller no later than August 1 of each fiscal year. (b) Before August 15, 2016, and before August 15 of each fiscal year thereafter, the Controller shall transfer from the General Fund to the Safe Neighborhoods and Schools Fund the total amount calculated pursuant to subdivision (a). (c) Monies in the Safe Neighborhoods and Schools Fund shall be continuously appropriated for the purposes of this Act. Funds transferred to the Safe Neighborhoods and Schools Fund shall be used exclusively for the purposes of this Act and shall not be subject to appropriation or transfer by the Legislature for any other purpose. The funds in the Safe Neighborhoods and Schools Fund may be used without regard to fiscal year. 2 7599.2. Distribution of Monies from the Safe Neighborhoods and Schools Fund (a) By August 15 of each fiscal year beginning in 2016, the Controller shall disburse monies deposited in the Safe Neighborhoods and Schools Fund as follows: (1) 25 percent to the State Department of Education, to administer a grantprogram to public agencies aimed at improving outcomes for public school pupils in kindergarten through 12th grade by reducing truancy and/or supporting students who are at -risk of dropping out of school or are victims of crime. (2) 10 percent to the Victim Compensation and Government Claims Board, to make grants to trauma recovery centers to provide services to victims of crime pursuant to Government Code section 13963.1. (3) 65 percent to the Board of State and Community Corrections, to administer a grant program to public agencies aimed at supporting mental health treatment, substance abuse treatment, and diversion programs for people in the criminal justice system, with an emphasis on programs that reduce recidivism of people convicted of less serious crimes, such as those covered by this measure, and those who have substance abuse and mental health problems. (b) For each program set forth in paragraphs (1) through (3) above, the agency responsible for administering the programs shall not spend more than five percent of the total funds it receives from the Safe Neighborhoods and Schools Fund on an annual basis for administrative costs. (c) Every two years, the Controller shall conduct an audit of the grant programs operated by the agencies specified in paragraphs (1) through (3) to ensure the funds are disbursed and expended solely according to this chapter and shall report his or her findings to the Legislature and the public. (d) Any costs incurred by the Controller and the Director of Finance in connection with the administration of the Safe Neighborhoods and Schools Fund, including the costs of the calculation required by section 7599.1 and the audit required by subsection (c), as determined by the Director of Finance, shall be deducted from the Safe Neighborhoods and Schools Fund before the funds are disbursed pursuant to subsection (a). (e) The funding established pursuant to this Act shall be used to expand programs for public school pupils in kindergarten through 12th grade, victims of crime, and mental health and substance abuse treatment and diversion programs for people in the criminal iustice system. These funds shall not be used to supplant existing state or local funds utilized for these purposes. 3 (f) Local agencies shall not be obligated to provide programs or levels of service described in this chapter above the level for which funding has been provided. SECTION FIVE. Section 459a is added to the Penal Code, to read: 459a. (a) Notwithstanding Section 459, shoplifting is defined as entering a commercial establishment with intent to commit larceny while that establishment is open during regular business hours, where the value of the property that is taken or intended to be taken does not exceed nine hundred fifty dollars ($950). Any other entry into a commercial establishment with intent to commit larceny is burglary. Shoplifting shall be punished as a misdemeanor, except that a person with one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290 may be punished pursuant to subdivision (h) of Section 1170. (b) Any act of shoplifting as defined in subdivision (a) shall be charged as shoplifting. No person who is charged with shoplifting may also be charged with burglary or theft of the same property. SECTION SIX. Section 473 of the Penal Code is hereby amended to read: 473. (aZForgery is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. (b) Notwithstanding subdivision (a), any person who is guilty of forgery relating to a check, bond, bank bill, note, cashier's check, traveler's check, or money order, where the value of the check, bond, bank bill, note, cashier's check, traveler's check, or money order does not exceed nine hundred fifty dollars ($950), shall be punishable by imprisonment in a county jail for not more than one year, except that such person may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable to anyperson who is convicted both of forgery and of identity theft, as defined in Section 530.5. 4 0 SECTION SEVEN. Section 476a of the Penal Code is hereby amended to read: 476a. (a) Any person who, for himself or herself, as the agent or representative of another, or as an officer of a corporation, willfully, with intent to defraud, makes or draws or utters or delivers a check, draft, or order upon a bank or depositary, a person, a firm, or a corporation, for the payment of money, knowing at the time of that making, drawing, uttering, or delivering that the maker or drawer or the corporation has not sufficient funds in, or credit with the bank or depositary, person, firm, or corporation, for the payment of that check, draft, or order and all other checks, drafts, or orders upon funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is punishable by imprisonment in a county jail for not more than one year, or pursuant to subdivision (h) of Section 1170. (b) However, if the total amount of all checks, drafts, or orders that the defendant is charged with and convicted of making, drawing, or uttering does not exceed fifty dollars ($450) nine hundred fifty dollars ($950), the offense is punishable only by imprisonment in the county jail for not more than one year, except that suchperson may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. This subdivision shall not be applicable if the defendant has previously been convicted of a three or more violations of Section 470, 475, or 476, or of this section, or of the crime of petty theft in a case in which defendant's offense was a violation also of Section 470, 475, or 476 or of this section or if the defendant has previously been convicted of any offense under the laws of any other state or of the United States which, if committed in this state, would have been punishable as a violation of Section 470, 475 or 476 or of this section or if he has been so convicted of the crime of petty theft in a case in which, if defendant's offense had been committed in this state, it would have been a violation also of Section 470, 475, or 476, or of this section. (c) Where the check, draft, or order is protested on the ground of insufficiency of funds or credit, the notice of protest shall be admissible as proof of presentation, nonpayment, and protest and shall be presumptive evidence of knowledge of insufficiency of funds or credit with the bank or depositary, person, firm, or corporation. (d) In any prosecution under this section involving two or more checks, drafts, or orders, it shall constitute prima facie evidence of the identity of the drawer of a check, draft, or order if both of the following occur: 5 11 (1) When the payee accepts the check, draft, or order from the drawer, he or she obtains from the drawer the following information: name and residence of the drawer, business or mailing address, either a valid driver's license number or Department of Motor Vehicles identification card number, and the drawer's home or work phone number or place of employment. That information may be recorded on the check, draft, or order itself or may be retained on file by the payee and referred to on the check, draft, or order by identifying number or other similar means. (2) The person receiving the check, draft, or order witnesses the drawer's signature or endorsement, and, as evidence of that, initials the check, draft, or order at the time of receipt. (e) The word "credit" as used herein shall be construed to mean an arrangement or understanding with the bank or depositary, person, firm, or corporation for the payment of a check, draft, or order. (f) If any of the preceding paragraphs, or parts thereof, shall be found unconstitutional or invalid, the remainder of this section shall not thereby be invalidated, but shall remain in full force and effect. (g) A sheriff's department, police department, or other law enforcement agency may collect a fee from the defendant for investigation, collection, and processing of checks referred to their agency for investigation of alleged violations of this section or Section 476. (h) The amount of the fee shall not exceed twenty-five dollars ($25) for each bad check, in addition to the amount of any bank charges incurred by the victim as a result of the alleged offense. If the sheriff's department, police department, or other law enforcement agency collects a fee for bank charges incurred by the victim pursuant to this section, that fee shall be paid to the victim for any bank fees the victim may have been assessed. In no event shall reimbursement of the bank charge to the victim pursuant to this section exceed ten dollars ($10) per check. SECTION EIGHT. Section 490.2 is added to the Penal Code, to read: 490.2. (a) Notwithstanding Section 487 or any other provision of law defining grand theft, obtaining any property by theft where the value of the money, labor, real or personal property taken does not exceed nine hundred fifty dollars ($950), shall be considered petty theft and shall be punished as a misdemeanor, except that suchperson may instead be punished pursuant to subdivision (h) of Section 1170 if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) 6 of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (b) This section shall not be applicable to any theft that may be charged as an infraction pursuant to any otherprovision of law. SECTION NINE. Section 496 of the Penal Code is hereby amended to read: 496. (a) Every person who buys or receives any property that has been stolen or that has been obtained in any manner constituting theft or extortion, knowing the property to be so stolen or obtained, or who conceals, sells, withholds, or aids in concealing, selling, or withholding any property from the owner, knowing the property to be so stolen or obtained, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. However, if tho district the distt i aµo ney or «�he g. nd ' s the case may be, may, if the value of the property does not exceed nine hundred fifty dollars ($950), the offense shall be a misdemeanor, punishable only by imprisonment in a county jail not exceeding one year, if such person has no prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. A principal in the actual theft of the property may be convicted pursuant to this section. However, no person may be convicted both pursuant to this section and of the theft of the same property. (b) Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who buys or receives any property of a value in excess of nine hundred fifty dollars ($950) that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be punished by imprisonment in a county jail for not more than one year, or imprisonment pursuant to subdivision (h) of Section 1170. Every swap meet vendor, as defined in Section 21661 of the Business and Professions Code, and every person whose principal business is dealing in, or collecting, merchandise or personal property, and every agent, employee, or representative of that person, who 7 buys or receives any property of a value of nine hundred fifty dollars ($950) or less that has been stolen or obtained in any manner constituting theft or extortion, under circumstances that should cause the person, agent, employee, or representative to make reasonable inquiry to ascertain that the person from whom the property was bought or received had the legal right to sell or deliver it, without making a reasonable inquiry, shall be guilty of a misdemeanor. (c) Any person who has been injured by a violation of subdivision (a) or (b) may bring an action for three times the amount of actual damages, if any, sustained by the plaintiff, costs of suit, and reasonable attorney's fees. (d) Notwithstanding Section 664, any attempt to commit any act prohibited by this section, except an offense specified in the accusatory pleading as a misdemeanor, is punishable by imprisonment in a county jail for not more than one year, or by imprisonment pursuant to subdivision (h) of Section 1170. SECTION TEN. Section 666 of the Penal Code is hereby amended to read: 666. (a) Notwithstanding-Seetien nnn �eh t b « a th a J r � b v �vravaa ..vv) uv.-V uaVl. M11MV1 VVVIl i , , penal slit t: g beo ethe a «.lit' f` Yb t' f tht r h«a-..Yr.a effense ' ' i[�,�ef ScttiioS„ 1170. b ) Notwithstanding Section 490, any person described in subdivision (b) who, having been convicted of petty theft, grand theft, a conviction pursuant to subdivision (d) or (e) of Section 368, auto theft under Section 10851 of the Vehicle Code, burglary, carjacking, robbery, or a felony violation of Section 496, and having served a term of imprisonment therefor in any penal institution or having been imprisoned therein as a condition of probation for that offense, and who is subsequently convicted of petty theft, is punishable by imprisonment in the county jail not exceeding one year, or in the state prison. (4)Lb) This s Subdivision Lsha11 apply to any person who is required to register pursuant to the Sex Offender Registration Act, or who has a prior violent or serious felony conviction, as specified in subdivision (c) of Section 66- 5 er si.bdi. ' f Section 1192.7 clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667, or has a conviction pursuant to subdivision (d) or (e) of Section 368. 8 ly (-40 This sebdivisien section shall not be construed to preclude prosecution or punishment pursuant to subdivisions (b) to (i), inclusive, of Section 667, or Section 1170.12. SECTION ELEVEN. Section 11350 of the Health and Safety Code is hereby amended to read: 11350. (a) Except as otherwise provided in this division, every person who possesses (1) any controlled substance specified in subdivision (b),— (c), Le ,, or paragraph (1) of subdivision (f) of Section 11054, specified in paragraph (14), (15), or (20) of subdivision (d) of Section 11054, or specified in subdivision (b) or (c) of Section 11055, or specified in subdivision (h) of Section 11056, or (2) any controlled substance classified in Schedule III, IV, or V which is a narcotic drug, unless upon the written prescription of a physician, dentist, podiatrist, or veterinarian licensed to practice in this state, shall be punished by imprisonment in a county jail for not more than one year, except that such person shall instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. Sootion 1170 of the Penal Codo. (-e}0), Except as otherwise provided in this division, whenever a person who possesses any of the controlled substances specified in subdivision (a) or (b), the judge may, in addition to any punishment provided for pursuant to subdivision (a) or (b), assess against that person a fine not to exceed seventy dollars ($70) with proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. (c) Except in unusual cases in which it would not serve the interest of justice to do so, whenever a court grants probation pursuant to a felony conviction under this section, in addition to any other conditions of probation which may be imposed, the following conditions of probation shall be ordered: (1) For a first offense under this section, a fine of at least one thousand dollars ($1,000) or community service. 9 15 (2) For a second or subsequent offense under this section, a fine of at least two thousand dollars ($2,000) or community service. (3) If a defendant does not have the ability to pay the minimum fines specified in paragraphs (1) and (2), community service shall be ordered in lieu of the fine. SECTION TWELVE. Section 11357 of the Health and Safety Code is hereby amended to read: 11357. (a) Except as authorized by law, every person who possesses any concentrated cannabis shall be punished by imprisonment in the county jail for a period of not more than one year or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment, er shall 4e punish a J b- - Y } t t >, wa' () 1" of Section 1170 of the Penal Codo except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. (b) Except as authorized by law, every person who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, is guilty of an infraction punishable by a fine of not more than one hundred dollars ($100). (c) Except as authorized by law, every person who possesses more than 28.5 grams of marijuana, other than concentrated cannabis, shall be punished by imprisonment in a county jail for a period of not more than six months or by a fine of not more than five hundred dollars ($500), or by both such fine and imprisonment. (d) Except as authorized by law, every person 18 years of age or over who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school -related programs is guilty of a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500), or by imprisonment in a county jail for a period of not more than 10 days, or both. (e) Except as authorized by law, every person under the age of 18 who possesses not more than 28.5 grams of marijuana, other than concentrated cannabis, upon the grounds of, or within, any school providing instruction in kindergarten or any of grades 1 through 12 during hours the school is open for classes or school -related programs is guilty of a misdemeanor and shall be subject to the following dispositions: 10 (1) A fine of not more than two hundred fifty dollars ($250), upon a finding that a first offense has been committed. (2) A fine of not more than five hundred dollars ($500), or commitment to a juvenile hall, ranch, camp, forestry camp, or secure juvenile home for a period of not more than 10 days, or both, upon a finding that a second or subsequent offense has been committed. SECTION THIRTEEN. Section 11377 of the Health and Safety Code is hereby amended to read: 11377. (a) Except as authorized by law and as otherwise provided in subdivision (b) or Section 11375, or in Article 7 (commencing with Section 4211) of Chapter 9 of Division 2 of the Business and Professions Code, every person who possesses any controlled substance which is (1) classified in Schedule III, IV, or V, and which is not a narcotic drug, (2) specified in subdivision (d) of Section 11054, except paragraphs (13), (14), (15), and (20) of subdivision (d), (3) specified in paragraph (11) of subdivision (c) of Section 11056, (4) specified in paragraph (2) or (3) of subdivision (f) of Section 11054, or (5) specified in subdivision (d), (e), or (f) of Section 11055, unless upon the prescription of a physician, dentist, podiatrist, or veterinarian, licensed to practice in this state, shall be punished by imprisonment in a county jail for a period of not more than one year er pur^„^-it to .., bdivision ( ) of Section 1 1 7/1 f t1 D 1 Codie1 except that such person may instead be punished pursuant to subdivision (h) of Section 1170 of the Penal Code if that person has one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 of the Penal Code or for an offense requiring registration pursuant to subdivision (c) of Section 290 of the Penal Code. ssnyieted of a violation in olvi g ^ tr l a + i f a ' b(t di 9 f a 1. y e „bsta,,ee .,Y^ oifed ; „bdivisio.. (g) of Section 1 1 056..domoa_o_ 1 f(b) 1i addition to fine a de bdi (b), `The judge may assess a fine not to exceed seventy dollars ($70) against any person who violates subdivision (a), with the proceeds of this fine to be used in accordance with Section 1463.23 of the Penal Code. The court shall, however, take into consideration the defendant's ability to pay, and no defendant shall be denied probation because of his or her inability to pay the fine permitted under this subdivision. SECTION FOURTEEN. Section 1170.18 is added to the Penal Code, to read: 1170.18. (a) A person currently serving a sentence for a conviction, whether by trial or -plea, of a felony or felonies who would have been_guilty of a misdemeanor under this Act had this Act been in effect at the time of the offense may petition for a recall of sentence before the trial court that entered the judgment of conviction in his or her case to request resentencing in accordance with Sections 11350, 11357, or 11377 of the Health and Safety Code, or Sections 459a, 473, 476a, 490.2; 496, or 666 of the Penal Code, as those sections have been amended by this Act. (b) Upon receiving a petition under subdivision (a), the court shall determine whether the petitioner satisfies the criteria in subdivision (a). If the petitioner satisfies the criteria in subdivision (a), the petitioner's felony sentence shall be recalled and the petitioner resentenced to a misdemeanor pursuant to Sections 11350, 11357, or 11377 of the Health and Safety Code, or Sections 459a, 473, 476a, 490.2, 496, or 666 of the Penal Code, as those sections have been amended by this Act, unless the court, in its discretion., determines that resentencing the petitioner would pose an unreasonable risk of danger to public safety. In exercising its discretion, the court may consider: (1) The petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes; (2) The petitioner's disciplinary record and record of rehabilitation while incarcerated; and (3) Any other evidence the court, within its discretion. determines to be relevant in deciding whether a new sentence would result in an unreasonable risk of danger to public safety. 12 ig (c) As used throughout this Code, "unreasonable risk of danger to public safety" means an unreasonable risk that the petitioner will commit a new violent felony within the meaning of clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667. (d) A person who is resentenced pursuant to subdivision (b) shall be given credit for time served and shall be subject to parole for one year following completion of his or her sentence, unless the court, in its discretion, as part of its resentencing order, releases the person from parole. Such person is subject to Section 3000.08 parole supervision by the Department of Corrections and Rehabilitation and the jurisdiction of the court in the county in which the parolee is released, resides, or in which an alleged violation of supervision has occurred, for the purpose of hearing petitions to revoke parole and impose a term of custody. (e) Under no circumstances may resentencing under this section result in the imposition of a term longer than the original sentence. (f) A person who has completed his or her sentence for a conviction, whether by trial or plea, of a felony or felonies who would have been guilty of a misdemeanor under this Act had this Act been in effect at the time of the offense may file an application before the trial court that entered the judgment of conviction in his or her case to have the felony conviction or convictions designated as misdemeanors. (g) If the application satisfies the criteria in subdivision (f), the court shall designate the felony offense or offenses as a misdemeanor. fh) Unless requested by the applicant, no hearing is necessary to grant or deny an application filed under subsection (f). (i) The provisions of this section shall not apply to persons who have one or more prior convictions for an offense specified in clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an offense requiring registration pursuant to subdivision (c) of Section 290. (i) Any petition or application under this section must be filed within three years after the effective date of the Act that added this section or at a later date upon a showing of good cause. (k) Any felony conviction that is recalled and resentenced under subsection (b) or designated as a misdemeanor under subsection (g) shall be considered a misdemeanor for all purposes, except that such resentencing shall not permit that person to own, possess, or have in his or her custody or control any firearm or prevent his or her conviction under Chapter 2 (commencing with Section 29800) of Division 9 of Title 4 of Part 6. 13 (1) If the court that originally sentenced the petitioner is not available, the presiding judge shall designate another judge to rule on the petition or application. (m) Nothing in this section is intended to diminish or abrogate any rights or remedies otherwise available to the petitioner or applicant. (n) Nothing in this and related sections is intended to diminish or abrogate the fmality of judgments in any case not falling within the purview of this Act. (o) A resentencing hearing ordered under this Act shall constitute a "post -conviction release proceeding" under paragraph (7) of subdivision (b) of Section 28 of Article I of the California Constitution (Marsy's Law). SECTION FIFTEEN. Amendment. This Act shall be broadly construed to accomplish its purposes. The provisions of this measure may be amended by a two-thirds vote of the members of each house of the Legislature and signed by the Govemor so long as such amendments are consistent with and further the intent of this Act. The Legislature may by majority vote amend, add, or repeal provisions to further reduce the penalties for any of the offenses addressed by this Act. SECTION SIXTEEN. Severability. If any provision of this measure, or part of this measure, or the application of any provision or part to any person or circumstances, is for any reason held to be invalid, the remaining provisions, or applications of provisions, shall not be affected, but shall remain in full force and effect, and to this end the provisions of this measure are severable. SECTION SEVENTEEN. Conflicting Initiatives. (a) This Act changes the penalties associated with certain non -serious, nonviolent crimes. In the event that this measure and another initiative measure or measures relating to the same subject appear on the same statewide election ballot, the provisions of the other measure or measures shall be deemed to be in conflict with this measure. In the event that this measure receives a greater number of affirmative votes, the provisions of this measure shall prevail in their entirety, and the provisions of the other measure shall be null and void. However, in the event that this measure and another measure or measures containing provisions that eliminate penalties for the possession of concentrated cannabis are approved at the same election, the voters intend such provisions relating to concentrated cannabis in the other measure or measures to prevail, regardless of which measure receives a greater number of affirmative votes. The voters also intend to give 14 full force and effect to all other applications and provisions of this measure, and such other measure or measures, but only to the extent such other measure or measures are not inconsistent with the provisions of this Act. (b) If this measure is approved by voters but superseded by law by any other conflicting measure approved by voters at the same election, and the conflicting ballot measure is later held invalid, this measure shall be self-executing and given full force and effect. SECTION EIGHTEEN. Liberal Construction. This Act shall be liberally construed to effectuate its purposes. 15 COUMTY OF SAN DIEGO COUNTY OF SAN DIEGO BOARD OF SUPERVISORS '019 jtP 18 ?P) `� 03 1600 PACIFIC HIGHWAY, ROOM 335, SAN DIEGO, CALIFORNIA 92101-2470 RK OF AGENDA ITEM CLOF SUPERVISORS DATE: September 23, 2014 TO: Board of Supervisors SUBJECT: Opposition to Proposition 47 (DISTRICTS: ALL) Overview Proposition 47, also known as "The Safe Neighborhoods and Schools Act", would reduce penalties for stealing a gun, commercial burglary, identity theft, using a victim's access card and forging others, writing bad checks, petty theft, receiving stolen property, stealing livestock and produce, and possession of controlled substances, including date rape drugs, from felonies to misdemeanors in the State of California. Despite its title, this proposition is anything but safe for our communities. By reducing felonies to misdemeanors, this measure will severely impact the safety of our streets and our County jail population by releasing dangerous offenders from State prison, including those with prior convictions for serious and violent felonies, such as robbery, residential burglary and carjacking. Our local jails have already been heavily burdened by the shifting of state prisoners through Assembly Bill 109's public safety realignment to the County for their housing and supervision, and this measure will only serve to exacerbate the problem. Furthermore, the measure provides no direct funding to law enforcement toward the goals of reducing crime and victimization. Although the measure requires biennial audits of the programs it funds, it merely specifies that the results have to be reported to the Legislature and the public. There is very little accountability to ensure that the funds go to successful or accepted programs. This measure will actually result in increased costs to the county requiring resentencing hearings for state prisoners and a second bite of the apple for inmates already deemed dangerous in the Proposition 36 resentencings. Therefore, with the support of Sheriff Bill Gore and District Attorney Bonnie Dumanis, today's action will adopt a resolution stating the County of San Diego's opposition to Proposition 47. Recommendation(s) CHAIRWOMAN DIANNE JACOB, SHERIFF BILL GORE, AND DISTRICT ATTORNEY BONNIE DUMANIS 1.) Adopt the resolution titled: D4.0 1 4�' SUBJECT: Opposition to Proposition 47 A RESOLUTION OF THE SAN DIEGO COUNTY BOARD OF SUPERVISORS OPPOSING CALIFORNIA STATE PROPOSITION 47. Fiscal Impact N/A Business Impact Statement N/A Advisory Board Statement N/A Background Proposition 47, also known as "The Safe Neighborhoods and Schools Act", would reduce penalties for stealing a gun, commercial burglary, identity theft, using a victim's access card and forging others, writing bad checks, petty theft, receiving stolen property, stealing livestock and produce, and possession of controlled substances, including date rape drugs, from felonies to misdemeanors in the State of California. Despite its title, this proposition is anything but safe for our communities. By reducing felonies to misdemeanors, this measure will severely impact our County jail population by shifting dangerous offenders from State prison. Under this measure, the redefinition of certain crimes from felonies to misdemeanors would be retroactive for offenders serving state and local prison terms, requiring resentencing hearings in each case. Therefore, it is estimated that as many as 10,000 current felons could be eligible for early release including those with prior convictions for serious and violent felonies such as robberies, residential burglary and carjacking. Each of these resentencing hearings will result in costs to the County to house the offenders in our County jails that are already near capacity, costs for prosecution and defense attorneys to prepare, costs to investigate and staff these hearings, and costs to the community in terms of public safety if the defendants are released early from prison. Additionally, this measure creates a new definition of dangerousness that will be applied to the Proposition 36 resentencings, and those who have already been deemed too dangerous by the San Diego Superior Court for release to the community will be eligible for a second hearing and a more likely discharge from state prison. Our local jails and county agencies have already been heavily burdened by the shifting of state prisoners through Assembly Bill 109's public safety realignment, and this measure will only serve to exacerbate the problem. The changes included in this measure are dangerous, especially while public safety realignment is in its infancy. Proposition 47 would remove the district attomey's discretion to charge shoplifting, burglary, forgery, check fraud, use of stolen access cards, grand theft and receipt of stolen property as felonies if the loss value is less than $950. This means that stealing a firearm would be a straight misdemeanor unless its value exceeds $950. The same standard would apply to narcotics, D4.0 2 SUBJECT: Opposition to Proposition 47 including "date rape" drugs. Possession of marijuana is already a misdemeanor offense and would not be impacted by this measure. Furthermore, the measure provides no direct funding to law enforcement toward the goals of reducing crime and victimization. The measure limits the use of the funds set aside for victims to providing grants to trauma recovery centers. Although the measure requires biennial audits of the programs it funds, it merely specifies that the results have to be reported to the Legislature and the public. There is very little accountability to ensure that the funds go to successful or accepted programs. Moreover, the actual formula for determining savings is vague and illusory, as all of these charges currently can be issued as felonies or misdemeanors, except possession of cocaine or heroin, and thus, it is almost impossible to establish that any one future case would necessarily have been charged as a felony. The logic behind proposition 47 is flawed, and represents yet another attempt to shift public safety problems onto local governments and the communities we serve. Therefore, with the support of Sheriff Bill Gore and District Attorney Bonnie Dumanis, today's action will adopt a resolution stating the County of San Diego's opposition to Proposition 47. Linkage to the County of San Diego Strategic Plan Today's proposed action supports the Safe Communities Initiative of the County of San Diego's 2014-2019 Strategic Plan of protecting residents from crime by opposing a state proposition that could lead to the release of state felons into our communities. DIANNE JACOB Supervisor, District 2 BILL GORE Sheriff BONNIE DUMANIS District Attorney D4.0 3 SUBJECT: Opposition to Proposition 47 ATTACHMENT(S) resolution D4.0 C SUBJECT: Opposition to Proposition 47 AGENDA ITEM INFORMATION SHEET REQUIRES FOUR VOTES: [] Yes [ ] No WRITTEN DISCLOSURE PER COUNTY CHARTER SECTION 1000.1 REQUIRED [ ] Yes [ ] No PREVIOUS RELEVANT BOARD ACTIONS: BOARD POLICIES APPLICABLE: BOARD POLICY STATEMENTS: MANDATORY COMPLIANCE: ORACLE AWARD NUMBER(S) AND CONTRACT AND/OR REQUISITION NUMBER(S): ORIGINATING DEPARTMENT: Chairwoman Dianne Jacob OTHER CONCURRENCES(S): CONTACT PERSON(S): Bob Spanbauer Name Name 619-531-5522619-531-5522 Phone Robert spanbauer@sdcounty. ca. govRobert. spa nbauer@sdcounty.ca.gov E-mail Phone E-mail D4.0 5 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OPPOSING PROPOSITION 47, ALSO KNOWN AS THE SAFE NEIGHBORHOODS AND SCHOOLS ACT WHEREAS, Proposition 47 has qualified for the November 4, 2014 Statewide General Election; and WHEREAS, the proponents of this measure concede that Proposition 47 will make up to 10,000 felons eligible for early release; and WHEREAS, with the implementation of Public Safety Realignment in 2011, which altered sentencing policy by shifting all newly convicted non-violent, non -serious, non -sex offenders to county supervision, there is currently a significantly diminished population of non- violent offenders in California's prisons, and there is a legitimate question as to how many of the 10,000 inmates eligible for early release could be classified as high -risk for committing subsequent violent offenses; and WHEREAS, Proposition 47 contains provisions re-classifying a host of felony offenses or felony/misdemeanor offenses as simple misdemeanors, representing sweeping sentencing reform that would be better accomplished through the state legislative process; and WHEREAS, Proposition 47 would redefine grand theft in such a way that theft of a firearm would be considered a misdemeanor unless the value of the gun was greater than $950, and the overwhelming majority of new handguns sold in California retail for significantly less than that amount; and WHEREAS, Proposition 47 would reduce the penalty for possession of illicit drugs, including drugs used to facilitate date -rape, to a simple misdemeanor; and WHEREAS, Proposition 47 may further burden our local criminal justice systems by shifting responsibility for additional categories of offenders to already overcrowded county jails. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby opposes Proposition 47 on the November 4, 2014 ballot. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO.24 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4265 EXPLANATION: DEPARTMENT: Finance APPROVED BY: %e•te4 X — FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `1*'-u ,C Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution, amending City Council Policy 201, "Maintenance of Reserve Funds." BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: 1. Staff report 2. Resolution City Council Staff Report October 7, 2014 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." BACKGROUND City Council Policy # 101, "City Council Policy Manual," requires that the City Council and City Manager annually review the City Council Policy Manual and authorizes any Councilmember, the City Manager, or the City Attorney to bring suggestions for revisions to the manual at other times during the year. The most recent annual review was completed during the City Council Policy Manual Workshop held December 10, 2013. During the workshop, Council approved changes recommended by staff to Policy # 201, "Maintenance of Reserve Funds." The substantive changes included improving the basis of the balance targets of the Liability Insurance Reserve and Workers' Compensation Reserve and enhancing the Debt Service Reserve requirement to ensure consistency with bond indentures and/or other debt agreements. Staff now brings forward for Council's consideration recommended revisions to Policy # 201 intended to clarify reserve targets, streamline management of the reserves, and enhance control over the use of the reserves. DISCUSSION Policy The general policy statement has been revised to formally delegate to the City Manager the duty to maintain all City reserves. Currently, the policy delegates the responsibility of maintaining the General Fund Contingency Reserve to the City Manager but is silent on this function in relation to the remaining reserves. Formal delegation of the responsibility for maintenance of all reserves to the City Manager clarifies the policy and streamlines the function in a manner consistent with the delegation of authority granted to the City Manager through National City Municipal Code §2.01. The policy statement also stipulates the reserve balance thresholds are goals toward which the City will aim, rather than mandates. This provision allows the City flexibility in meeting and maintaining reserve balances, which may be necessary in the initial efforts to fund all of the reserves at their minimum desired levels or during periods of economic uncertainty and/or financial difficulty. General Fund Contingency Reserve The General Fund Contingency Reserve section has been amended by: Page 2 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 • removal of the clause regarding the City Manager's responsibility for maintaining the reserve and the sentence regarding Council approval of expenditures from it, to eliminate redundancy resulting from changes relating to these areas elsewhere in the policy; • removal of "minimum target range" with respect to the balance goal, leaving only the range (i.e., "an amount equal to between) 25-50%; and • addition of the definition of "operating expenditures." As noted above, the general policy statement delegates the duty to maintain all reserves to the City Manager; therefore, the provision applying to responsibility for the General Fund Contingency Reserve specifically is unnecessary. And since the use of any reserve must be authorized by Council, this authority has been recognized elsewhere in the policy. Thus, the application of the requirement only to the General Fund Contingency Reserve is redundant. Currently, the policy states the General Fund Contingency Reserve should be "at a minimum target range equal to between 25% and 50% of a single year's General Fund operating expenditures" (emphasis added), which is a self -conflicting statement, since "minimum" denotes a single quantity. while "range" references a plurality. For this reason, only statement of the target range of 25-50% is necessary. "Operating expenditures," as the standard to which the General Fund Contingency Reserve balance is compared, has been clarified to include all expenditures, except those of a capital nature, plus the operating subsidies transferred to other funds. Gas Taxes Fund and Sewer Service Fund Contingency Reserves Language has been added to clarify the revenue bases for the Gas Taxes Fund Contingency Reserve and Sewer Service Fund Contingency Reserve are their corresponding funds. Liability Insurance and Workers' Compensation Reserves The target balance of the Liability Insurance Reserve and Workers' Compensation Reserve currently is defined as "an amount no less than 75% to 85% of the Confidence Level of Adequacy as established annually by the City's actuary." As with the General Fund Contingency Reserve, this definition is contradictory and renders the adequacy of the balance goal subject to negative misinterpretation. In addition, unlike with other reserves, the Liability Insurance Reserve and Workers' Compensation Reserve do not require positive fund balances or equities, i.e., asset balances which exceed their liability balances, only claim -related assets sufficient to pay claims estimated to be paid within a fiscal year. Therefore, these reserves require only an adequate level of claim assets, not fund balance. Accounting for both corrections necessary, the target has been revised to "an amount sufficient to ensure (liability insurance or Workers' Compensation) claim assets equal to the 80% Confidence Level of Adequacy applicable to estimated (liability insurance or Workers' Compensation) claims, as established biennially by the City's actuary." Clarifying language has been added and unnecessary verbiage removed, to enhance the readability and understanding of these sections. Page 3 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 Debt Service Reserves Since debt service is paid from several funds and a debt service reserve is most appropriately held in the fund from which the corresponding debt service is paid, the Debt Service Reserve section has been amended accordingly, with the heading of the section made plural and addition of a provision allowing for reserves to be held in multiple funds, as appropriate. The cumulative requirement of the section is unchanged. Vehicle Replacement Reserve (Equipment Replacement Reserve renamed) The Equipment Replacement Reserve has been renamed the "Vehicle Replacement Reserve," to better reflect its intended use — the replacement of assets of the City's fleet, primarily composed of motor vehicles. (Renaming of the Equipment Replacement Fund to correspond with its reserve's name change will be proposed, if this amendment is approved.) The goal of a balance range of "an amount equal to between the accumulated depreciation and estimated replacement value of the motor vehicle assets of the Vehicle Replacement Fund" is proposed. The reason for the change is two -fold. First, the existing standard for the reserve target, "(a)n amount equal to the accumulated depreciation of the replacement value of the motor vehicle fleet," is illogical, since only an existing asset may be depreciated, not a future asset, which "replacement value" suggests. Second, as a reserve intended to be used as an ongoing funding mechanism, its balance goal should be a range which accounts for the estimated replacement value of all of its assets and establishes a minimum threshold to ensure sufficient assets exist should a significant vehicle purchase be necessary within a relatively short period of time. A definition for "motor vehicle" has been included to clearly indicate for which assets this reserve is intended to be used. Reserve Balances Currently, assets sufficient to fund most authorized reserves at or near their proposed minimum levels are available within their respective funds; however, balances have not been established for all of those reserves. The table accompanying this report lists current reserve balances, available assets within each fund to be designated to their respective reserves, current reserve balance targets, and proposed reserve balance targets. Revisions Impacting A11 Reserves A stipulation giving Council the discretion to suspend any or all reserve maintenance requirements has been added. Replenishment guidelines have been established for replenishment of a reserve falling below its minimum required level: • If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to 100% over a 1 to 3 year period. • If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to 100% over a 3 to 5 year period. Page 4 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 • If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to 100% over a 5 to 7 year period. Also included is a provision allowing suspension of these timelines, should financial or economic circumstances make meeting them impractical. A provision has been added to permit establishing and reporting on reserve levels at times of the year other than during the development of the budget and presentation of the Comprehensive Annual Financial Report. Finally, since the use of a reserve balance constitutes the increase of the appropriation of a fund, transfers and expenditures from any reserve require Council approval, and the requirement has been added to ensure it is adhered to. RECOMMENDATION Accept staffs recommendation, adopting the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." Page 5 Resolution of the City Council of the City of National City authorizing the amendment of City Council Policy # 201, "Maintenance of Reserve Funds." October 7, 2014 Balances Available for Reserves 6/30113 Fund Balance Basis Current Reserve Reserve Balance General Fund Contingency Reserve 9,085,066 Gas Taxes Fund Contingency Reserve Sewer Service Fund Contingency Reserve 338,946 Workers' Compensation Reserve 4 6,153,000 Liability Insurance Reserve 4 785,000 Debt Service Reserves 5: NCJPFA Debt Service Fund 52 Library Bonds Debt Service Fund Other Debt Total Debt Service Reserve 52 Equipment (Vehicle) Replacement Fund 2,212,500 6 Estimated Available Fund Balance' Current Rsv Bal. Avail. Balance 1,752,195 10,837,261 2,332,685 1,321,449 182,365 2,671,631 7,474,449 967,365 166 218 1,006,328 1,006,328 Minimum Reserve Target (Current) 2 10,824,980 80,221 357,546 7,094,000 979,000 494,730 377,900 923,244 1,006,494 1,006,546 2,513,162 4,725,668 1,795,874 4,218,429 Minimum Reserve Target (Proposed) 10,503,349 3 80,221 357,546 7,421,000 1,052,000 494,730 377,900 923,244 1,795,874 4,218,429 7 ' General ledger trial balance report as of 6/30/13. 2 Although the current General Fund Contingency Reserve standard is operating expenditures, the balance often has been measured against the total of all General Fund expenditures (operating & capital) but without the inclusion of operating subsidy transfers to the Library, Parks, Nutrition, & Personnel Compensation funds). 3 Maximum reserve - $21,006,699. ° Totals are based upon the liability for unpaid loss and loss adjustment expenses at 6/30/14 from the Nyhart/Epler actuarial valuation report of the City's self-insurance programs. Debt service reserve amounts reflected are current fiscal year payment totals. It is recommended the reserves be funded at the cumulative total of the highest payments of the debt service schedule, to ensure. once achieved, the reserve is always fully funded and to maximize interest earnings. The transfer from the General Fund to the Equipment Replacement Fund for reserves was approved for FY 15. ' Approximate maximum reserve - $5,332,300. TITLE: Maintenance of Reserve Funds POLICY #201 ADOPTED: June 26, 1985 AMENDED: October 7, 2014 Purpose The City will establish reserves to strengthen its ability to withstand unexpected financial emergencies such as those that may result from national disasters, revenue shortfalls, or unanticipated expenditures of a non -recurring nature and to accumulate funds for large- scale purchases. Policy The City Manager is charged with the responsibility of accumulating and maintaining the City's reserves at the following target levels: • GENERAL FUND CONTINGENCY RESERVE: an amount equal to between twenty-five percent (25%) and fifty percent (50%) of a single year's budgeted General Fund operating expenditures. "Operating expenditures" shall be defined as all expenditures, except those of a capital nature, plus operating subsidies provided to the Library Fund, Parks Fund, Nutrition Fund, and Personnel Compensation Fund. • GAS TAXES FUND CONTINGENCY RESERVE: an amount equal to a minimum of five percent (5%) of the estimated annual revenue of the Gas Taxes Fund. • SEWER SERVICE FUND CONTINGENCY RESERVE: an amount equal to a minimum of five percent (5%) of the estimated annual revenue of the Sewer Service Fund. • LIABILITY INSURANCE RESERVE: an amount sufficient to ensure liability insurance claim assets of the Liability Insurance Fund equal to the eighty percent (80%) Confidence Level of Adequacy applicable to estimated liability insurance claims, as established biennially by the City's actuary. • WORKERS' COMPENSATION RESERVE: an amount sufficient to ensure Workers' Compensation claim assets of the Liability Insurance Fund equal to the eighty percent (80%) Confidence Level of Adequacy applicable to estimated Workers' Compensation claims, as established biennially by the City's actuary. • DEBT SERVICE RESERVES: in each fund from which debt service is paid, an amount equal to the total required by applicable indenture(s) and/or other agreement(s), but in no case less than one years' debt service requirement of all long-term City obligations, excluding inter -fund loans. Page 1 of 2 • VEHICLE REPLACEMENT RESERVE: an amount equal to between the accumulated depreciation and estimated replacement value of the motor vehicle assets of the Vehicle Replacement Fund. For the purposes of this policy, "motor vehicle" shall be defined as a self-propelled, wheeled vehicle with propulsion provided by an engine or motor which must be operated by one or more persons to perform the function(s) for which it is designed. The actual amount of each reserve shall be determined each year by the City Manager as part of the budgeting process and shall be annually reported to the City Council as part of or in conjunction with the Comprehensive Annual Financial Report (CAFR); however, nothing in this policy shall prevent determining or reporting on the level of any reserves at other times during the year. The above requirements may be suspended only upon approval of Council. Replenishment of Reserves If its balance falls below the minimum required level, the City shall strive to restore it to the minimum required balance by any feasible means, including, but not limited to, adopting a budgetary surplus; applying any cost savings, over -realized revenues, and/or surpluses realized within the applicable fund; or transferring a portion of the General Fund Contingency Reserve. Unless otherwise noted, the following guidelines will be used to restore a reserve fund: • If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to 100% over a 1 to 3 year period. • If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to 100% over a 3 to 5 year period. • If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to 100% over a 5 to 7 year period. These guidelines may be suspended, in whole or part, if financial or economic circumstances prevent meeting any or all of the timelines. All transfers and expenditures from the reserves require Council approval. Related Policy References None Prior Policy Amendments March 12, 2002 December 10, 2013 Page 2 of 2 RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE AMENDMENT OF CITY COUNCIL POLICY NO. 201 REGARDING "MAINTENANCE OF RESERVE FUNDS" BE IT RESOLVED by the City Council of the City of National City that City Council Policy No. 201, entitled "Maintenance of Reserve Funds" is amended as recommended by the Finance Director. PASSED and ADOPTED this 7th day of October, 2014. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 25 ITEM TITLE: Temporary Use Permit — Cornerstone Harvest Festival hosted by Cornerstone Church of San Diego at 1914 Sweetwater Road on October 31, 2014 from 5 p.m. to 8 p.m. with no waiver of fees. PREPARED BY: Vianey Rivera PHONE: (619) 336-4364 EXPLANATION: DEPARTMENT: Neig Services Division APPROVED BY: This is a request from Cornerstone Church of San Diego to conduct a Harvest Festival at 1914 Sweetwater Road on October 31, 2014 from 5pm to 8pm. The event will include live contemporary Christian music on a portable stage during the event. Tower lights to provide extra lighting. Inflatable obstacle course, rock climbing wall, mini train ride, booth games, booth food, and mechanical bull ride. No street closures are requested. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP, plus $200.00 for the Fire Permits. Total Fees are $437.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Type of Event: _ Public Concert _ Fair _ Festival _ Community vent _ Parade _ Demonstration Circus _ Block Party _ Motion Picture — Grand Opening X Other Community event Event Title: Community Harvest Fest 2014 Event Location: Cornerstone Church of San Diego Event Date(s): From 10-31-14 to 10-31-14 Actual Event Hours: 5 PM am/pm to a PM am/pm Total Anticipated Attendance: 600 (50 Participants 550 Spectators) Setup/assembly/construction Date: 10-31-14 Start time: 3 PM Please describe the scope of your setup/assembly work (specific details): Set up 12' x 16' stage with amplified sound and light towers. Set up inflatable obstacle course. rock climbing wall, booth games, and food booths. Dismantle Date: 10-31-14 Completion Time: 11 PM am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. N/A Sponsoring Organization: Cornerstone Church of San Diego Chief Officer of Organization (Name) Sergio De La Mora Applicant (Name): Harvey Warren "Jay" Address: 1914 Sweet Water Rd., National City CA 91950 Daytime Phone: (619) 425-9333 Evening Phone: (619) 246-0354 Fax: (L_O 425-8271 E-Mail: iayshav2288@cimail.com Contact Person "on site" day of the event: Harvey Warren "Jay" Cellular: (619) 246-0354 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): $ N/A Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ NIA Estimated Expenses for this event. $ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. We will have live amplified music on a portable stage during the event. Tower lights to provide extra lighting. Inflatable obstacle course, rock climbing wall, mini train ride, booth games, booth food, and mechanical bull ride. _ YES NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES X NO Does the event involve the sale or use of alcoholic beverages? X YES NO Will items or services be sold at the event? 1f yes, please describe: _ YES X NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. X YES _ NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies 4 Sizes 10 x 10 NOTE: A separate Fire Department permit is required for tents or canopies. At.^ %`YES < NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS x ELECTRIC x CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) fTabies # and Chairs # Fencing, barriers and/or barricades nGenerator locations and/or source of electricity nCanopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above nTrash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Please describe your procedures for both Crowd Control and Internal Security: Cornerstone security and Cornerstone Traffic Control YES x NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: x YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Portable light towers and existing property lighting Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. One First Aid station manned by qualified church personnel Please describe your Accessibility Plan for access at your event by individuals with disabilities: The venue has ADA access throughout (ramps, striped walkways etc.) Please provide a detailed description of your PARKING plan: Property is on commercial shopping center with plenty of common parking Please describe your plan for DISABLED PARKING: Parking lot has ADA parking and access available. Please describe your plans to notify all residents, businesses and churches impacted by the event: Flyers and City Council public meeting. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. X YES NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: 1 Type of Music: Contemporary Christian YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 5 PM am/pm Finish Time 10 PM am/pm YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: YES X NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: X YES _ NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners and food signage Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization Cornerstone Church of San Diego Person in Charge of Activity Jay Warren Address 1914 Sweet Water Rd. National City, CA 91950 Telephone (619) 246-0354 Date(s) of Use 10-31-2014 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date F•. Offic- se On/ G' Ce i icate of Insurance Approved Date ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDNVVV) 7/18/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subJe the terms and conditions of the policy, certain policies may require an endorsement. A statement on thls certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Michael Ehrenfeld Company 2655 Camino Del Rio North #200 San Diego CA 92108 INSURED Party Pals, General Partnership Juegos y Mas Inc., Party Pals, Inc 10427 Roselle Street San Diego CA 92121 CONTACT Nick Marovich NAME: PHONE o Emil. (619) 683-9990 FAX IA/C. Not: (619)683-9999 E-MAIL ADDRESS: aickm@ehreafeldinsurance.coin INSURER(S) AFFORDING COVERAGE NAIC INsuRERA•Liberty Surplus Ins. Corp. INSURER B :Nationwide Mutual Insurance 10725 23787 INSURER C : INSURER D : INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER:CL1471847077 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INY TRR TYPE OF INSURANCE INSR SUBR WVD POLICY NUMBER JMDDL POLICY YD/YYEYY)_(MM/DD EXP VJ LIMITS A GENERAL X LIABILr v COMMERCIAL GENERAL LIABILITY 100001072406 7/15/2014 7/15/2015 EACH OCCURRENCE $ 1,000,000 PRMGE TO RENTED DA AMGISES (ER occurrence) $ 50,000 CLAIMS -MADE X OCCUR MEDEXP(Any one person) $ 5,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'LGEAGGREGATE LIMIT APPLIES PER' X POLICY n jF n LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X LIABILITY ANY AUTO ALLOVJNED _ SCHEDULED AUTOS NON -OWNED AUTOS ACP7815282020 12/16/201312/16/2014 COMBINED SINGLE LIMIT (Ea accidem) $ 1, 00, BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below YJN - N/A WC STATU- TORY LIMITS OTH- FR E.L. EACH ACCIDENT $ EL DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) CERTIFICATE HOLDER CANCELLATION Proof of Insurance SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jamie Reid/NICKM ACORD 25 (2010/05) ©1988-2010 ACORD CORPORATION. All rights reserved. INS096 names rH The Arnim name enog Irma ern rnnletnrnrl msrire of Arnim THIS DOS, 65549 BUSINESS LICENSE CERTIFICATE PURSUANTTO CITY ORDINANCE mis UCENSE BUS DESCRIPTION CHURCH CAFE BUSINESS ADGRca7 ; 4 S'VVEETWATER BUSINESS NAME ATTN: MAILING ADDRESS CORNERSTONE. CORNERSTONE CAFE 1914' SWEETWATER RD F: a.TIO'NAL Cfl Y, CA 91956-762S cITV OF NON TRANSFERABLE POSTIN A+Cr 4S?It;MA s A.,' :v THIS DOGU T-IS ALTERATION PROTECT ED ANOI,RE4L OT: THIS DOCUIVI It�i{3 ' . F 33 rIl ROTH SIDES wagon:ATio 121311014 Ci 9-'FIBERS UNDER UV LIGHT S A' I UE.DOC 'Ky l. RMARK AND VISIBLE FIBERS OISCERNIBLE FROM ROTH SIDES 63679 BUSINESS LICENSE CERTIFICATE CITY OF NATIONAL CITY PURSUANT TO'CI T r uhwN ANC:e TN'S LICENSE iS iitREBT Ti4E i EF h a' Jf POSE BUS DESCRIPTION iU Ci-i BUSINESS ADDRESS 1920 SWEETWATER BUSINESS NAME ATTN: MAILING AREss 1914 SINEETWATER RO ',I FTtr?NAL CITY, CA 91950-7928 City Maier KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 65549 TOTAL 1 KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 63679 TOTAL i NON TRANSFERABLE POST INACI1d AI.; L' ' h.. „. ' • rig . . , :.Wa IT75:.t e }ERS NDERUV-LIGHT CAROLB `—'`,.�'= "' INSURANCE BINDER °"'E1012014Y' 7110/2014 THIS BINDER IS A TEMPORARY INSURANCE CONTRACT, SUBJECT TO THE CONDITIONS SHOWN ON THE REVERSE SIDE OF THIS FORM. AGENCY ChurchWest Insurance Services (ACG) 201 Cajon Street Redlands, CA 92373 COMPANY Brotherhood Mutual Ins. Co. BINDER* 329 Ewe EFFECTIVE Time Oak Expiration Time 7/5/2014 12:01 AM X AM PM 8/412014 X 1 12:01 AM NOON — tart, No, Ext): (800) 843-6054 WC, No): (909) 307-1245 TO EXTEND COVERAGE IN THE ABOVE NAMED COMPANY THIS BINDER IS ISSUED PER EXPIRING POLICY* CODE: SUB CODE: AGENCY ID: CORNCHU-03 License # 860285 DESCRIPTION OF OPERATIONSNEHICLESIPROPERTY (Including Location) INSURED Cornerstone Church of San Diego 1914 Sweetwater Rd National City, CA 91950 COVERAGES TYPE OF INSURANCE COVERAGEJORMS DEDUCTIBLE COINS% AMOUNT PROPERTY CAUSES OF LOSS Total Property Values 1,000 100 $11,011,000 BASIC BROAD X SPEC GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ 1,000,000 X RENTED PREMISES $ 1,000,000 CLAIMS MADE X OCCUR MED EXP (Arty one person) $ 10,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 5,000,000 PRODUCTS - COMP/OP AGG $ 5,000,000 VEHICLE LIABILITY ANY AUTO ALL OWNED AUTOS S BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ MEDICAL PAYMENTS $ PERSONAL INJURY PROT $ UNINSURED MOTORIST $ $ VEHICLE PHYSICAL DAMAGE DED COLLISION: ALL VEHICLES _ SCHEDULED VEHICLES ACTUAL CASH VALUE $ STATED AMOUNT OTHER THAN COL: GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EXCESSLIABILRY UMBRELLA FORM OTHER THAN UMBRELLA FORM RETRO DATE FOR CLAIMS MADE: EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 X SELF -INSURED RETENTION $ WORKER'S COMPENSATION end EMPLOYER'S LIABILITY WC STATUTORY LIMITS E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ SPECIAL coNDmONsi OTHER COVERAGES FEES $ TAXES $ ESTIMATED TOTAL PREMIUM $ Name & Address MORTGAGEE LOSS PAYEE ADDITIONAL INSURED LOAN* AUTHORIZED REPRESENTATIVE ll'' yy r. ACORD 75 (2010/04) Page 1 of 2 01993-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CORNCHU-03 CAROLB CONDITIONS This Company binds the kind(s) of insurance stipulated on the reverse side. The Insurance is subject to the terms, conditions and limitations of the policy(ies) in current use by the Company. This binder may be cancelled by the Insured by surrender of this binder or by written notice to the Company stating when cancellation will be effective. This binder may be cancelled by the Company by notice to the Insured in accordance with the policy conditions. This binder is cancelled when replaced by a policy. If this binder is not replaced by a policy, the Company is entitled to charge a premium for the binder according to the Rules and Rates in use by the Company. APPLICABLE IN CALIFORNIA When this form is used to provide insurance in the amount of one million dollars (51,000,000) or more, the title of the form is changed from "Insurance Binder" to "Cover Note". APPLICABLE IN COLORADO With respect to binders issued to renters of residential premises, home owners, condo unit owners and mobile home owners, the insurer has thirty (30) business days, commencing from the effective date of coverage, to evaluate the issuance of the insurance policy. Applicable in Delaware The mortgagee or Obligee of any mortgage or other instrument given for the purpose of creating a lien on real property shall accept as evidence of insurance a written binder issued by an authorized insurer or its agent if the binder includes or is accompanied by: the name and address of the borrower; the name and address of the lender as Toss payee; a description of the insured real property; a provision that the binder may not be canceled within the term of the binder unless the lender and the insured borrower receive written notice of the cancellation at least ten (10) days prior to the cancellation; except in the case of a renewal of a policy subsequent to the closing of the loan, a paid receipt of the full amount of the applicable premium, and the amount of insurance coverage. Chapter 21 Title 25 Paragraph 2119 APPLICABLE IN FLORIDA Except for Auto Insurance coverage, no notice of cancellation or nonrenewal of a binder is required unless the duration of the binder exceeds 60 days. For auto insurance, the insurer must give 5 days prior notice, unless the binder is replaced by a policy or another binder in the same company. APPLICABLE IN MARYLAND The insurer has 45 business days, commencing from the effective date of coverage to confirm eligibility for coverage under the insurance policy. Applicable in Michigan The policy may be cancelled at any time at the request of the insured. APPLICABLE IN NEVADA Any person who refuses to accept a binder which provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00, and (B) is liable to the party presenting the binder as proof of insurance for actual damages sustained therefrom. Applicable In the Virgin Islands This binder is effective for only ninety (90) days. Within thirty (30) days of receipt of this binder, you should request an insurance policy or certificate (if applicable) from your agent and/or insurance company. ACORD 75 (2010104) Page 2 of 2 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: Cornerstone Church of San Diego EVENT: Harvest Festival 2014 DATE OF EVENT: October 31, 2014 TIME OF EVENT: 5pm-8pm APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 All lights shall be directed away from the street. All speakers shall be directed away from any residential areas. Amplified sound shall comply with the restrictions of NCMC Title 12 (Noise). RISK MANAGER (619) 336-4370 Obtain Certificate of Insurance showing the City of National City as certificate holder Provide Additional insured endorsement naming the City of National City as an additional insured PUBLIC WORKS (619)366-4580 We have reviewed the application for subject Temporary Use Permit (TUP) and recommends approval subject to the conditions listed below. Parks Division No involvement Streets Division No involvement Facilities Division No involvement FINANCE If the food vendors are not from the church they will need a business license. If the food vendors are from the church they will need to submit a copy of the health permit (they have their own licensed cafe) and no additional license will be required. FIRE (619) 336-4550 Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s) 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s) 6) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $200.00 • Tents having an area more than 201 square feet shall be $400.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $250.00. • Canopies from 501-600 square feet shall be $300.00. • Canopies from $601.00 or greater shall be $400.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation 7) Tents shall not be located within 20 feet of lot lines, buildings, other tents, canopies or membrane structures, parked vehicles or internal combustion engines. For the purpose of determining required distances, support ropes and guy wires shall be considered as part of the temporary membrane structure, tent or canopy 8) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. Consult building official for requirements 9) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall be at least 20 feet away from tents or canopies 10) First Aid will be provided by Cornerstone Church of San Diego personnel 11) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event 12) Inspection shall be required on September October 31, 2012 prior to the start of the event. Please contact the National City Fire Department to arrange time of inspection 13) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($200.00) dollars. 14) Request a meeting with event organizers at City Hall prior to this event. 15) Fire Department fees can only be waived by City Council. If you have any questions please feel free to contact me. COMMUNITY SERVICES Community Services has no involvement with this event but would like to note that it is the same night as Tower of Terror. POLICE The police department has not participated nor has been requested in this annual event. It is recommended that the Cornerstone Church supply private security personnel on a private property event. No police department resources will be allocated. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: {October 7, 2014 AGENDA ITEM NO. 6 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Aunt Emma's Restaurant located at 214 National City Blvd. (Applicant: Nikos Gelastopoulos) (Case File 2014-10 CUP) PREPARED BY: Martin Reeder, AICP DEPARTMENT: Pia PHONE: 336-4313 APPROVED BY: EXPLANATION: Aunt Emma's Restaurant is located at 214 National City Blvd. in Development Zone 1A (DZ-1A) of the Downtown Specific Plan. The 6,300 square -foot restaurant is located on a property comprised of seven parcels, which includes a 57-space parking lot. The applicant is requesting to sell beer and wine for on -site consumption (Type 41 ABC license) for breakfast and lunch from the hours of 6 a.m. to 3 p.m. daily. No change in hours is proposed. The primary use requested is for mimosas to be served at breakfast, although beer and wine would generally be available for lunch. Planning Commission conducted a public hearing on September 8, 2014. Commissioners asked questions regarding business operations, expected sales, other owner businesses, and conditions of approval. One speaker had concerns related to traffic impacts and area security. The Commission discussed and addressed the concerns with the applicant and ultimately voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: [.Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: j1-he Planning Commission approved the Conditional Use Permit. Ayes: Alvarado, Baca, Bush, Flores, Garcia, Pruitt Noes: DelaPaz1 ATTACHMENTS: 1. Location Map 2. Planning Commission Staff Report 4. Reduced Plans 3. Resolution No. 18-2014 any lianesood M-0-2:1 5 a1e1saa1u 116 128 140 W 2nd St W 0 225 233 cn W 3rd St 310 330 340 W 4th St 111 129 W 135 E 2nd St z 0 241 co 2 G E3rdSt 333 1- - - E•4th•St- 1 205 229 317 26 ca N W CD —1 NM WM IOW Zone Boundary Project Location I Feet 0 90 180 360 APN: 555-030-08 Planning Commission Location Map 2014-10 CUP 8.21..14 1 CITY OF NATIONAL CITY- PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel No.: Parcel Size: Staff report by: Applicant/Property owner: Zoning designation: Adjacent land use/zoning: North: East: South: West: Environmental review: Item no. 3 September 8, 2014 CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AUNT EMMA'S RESTAURANT LOCATED AT 214 NATIONAL CITY BLVD. 2014-10 CUP Southwest corner of National City Blvd. and West 2"d Street 555-030-08 0.72 acres Martin Reeder — Principal Planner Nikos Gelastopoulos Downtown Specific Plan Development Zone 1A (DZ-1A) Residential across West 2nd St. / DZ-1A Commercial across National City Blvd. / DZ-2 Commercial across West 3`d St. / DZ-1A Office, vacant, residential on Roosevelt Ave. / DZ-1A Categorically Exempt pursuant to Class 1, Section 15301 (Existing Facilities) BACKGROUND Site Characteristics The project location is Aunt Emma's Restaurant located at 214 National City Blvd., in Development Zone 1A (DZ-1A) of the Downtown Specific Plan. The property on which the restaurant is located is comprised of seven parcels with the existing (approximately) 6,300 square -foot restaurant and a 57-space parking lot to the south of the building. The area is mostly adjacent to commercial uses; however, there is a single-family residence located across West 2nd Street to the north located in the same zone as the restaurant. There is also a residential property located to the west and downhill from the parking lot. Aunt Emma's has been operating under this management for five years. Proposed Use The applicant is requesting to sell beer and wine for on -site consumption (Type 41 ABC license). The restaurant serves breakfast and lunch from the hours of 6 a.m. to 3 p.m. daily. No change in hours is proposed. Alcohol would be stored in the back of house area and served upon request. Aunt Emma's has another restaurant in Chula Vista that has the identical menu. The Chula Vista store sells beer, wine, and mimosas (champagne and orange juice). The applicant wishes to offer the same beverage menu at both restaurants. The primary use requested is for mimosas to be served at breakfast, although the beer and wine would generally be available for lunch. Analysis The proposed use is consistent with the General Plan, since Section 18.30.050 of the National City Land Use Code allows for on -site alcohol sales with an approved Conditional Use Permit (CUP). Permitted Land Uses in Development Zone 1A of the Downtown Specific Plan allow for mid -high rise multi -family residential; commercial; residential and visitor serving commercial (hotel, motel, restaurants); entertainment uses (theaters, clubs); light Industrial manufacturing; auto -oriented retail; professional offices; public parking. A restaurant use is considered visitor serving commercial, which is consistent with permitted uses. Alcohol Conditional Use Permits require additional information above and beyond a normal CUP. This includes additional noticing (660-foot radius including both property owners and tenants), a community meeting, distance requirements from schools, and additional conditions related to sales and times. Conditions require that alcohol sales be incidental to food service. The community meeting was held on Monday, July 21, 2014. No participants were noted other than the owners. 229 property owners and tenants were notified of the meeting. The same list was used as for this public hearing. Because the restaurant has at least thirty percent of the floor area devoted to seating, the distance from schools does not apply. In this case, the nearest school (Integrity Charter School) is approximately 1,400 feet away, greater than the normal minimum distance of 660 feet. z FA. Alcohol Sales Concentration/Location Per the California State Department of Alcoholic Beverage Control (ABC), there are currently ten other on -sale permits issued in this census tract (219). These permits are: Name Address License Type* Cafe Estela 1524 McKinley Ave 40 Club 13 640 Civic Center Dr 40 Stoney's Bar & Grill 108 W 25`h St 47 Papa Gallo Cafe 1930 Cleveland Ave 41 The Waterfront Grill 3201 Marina Way 47 American Athletic Club 2539 Hoover Ave 40 Goodies Bar & Grill 740 Bay Marina Dr 47 Goody's Sushi & Grill 2424 Hoover Ave 41 Clarion National City 700 National City Blvd 47 Eagles Aerie 2712 1131 Roosevelt Ave 51 * Type 40 - On -Sale Beer Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Type 47 - On -Sale General for Bona Fide Public Eating Place Type 51 - Club Six of the other on -sale licenses are restaurants, two are bars, one a gym, and the other a fraternal organization. Census tract 219 is comprised of the whole west side of the City from National City Blvd. to San Diego Bay. The attached census tract map shows the location of the subject tract. ABC recommends a total of eight on -sale alcohol permits be issued in this census tract, where ten exist. Although the census tract is over -concentrated, the licenses are spread out over a large geographic area. Paired with the fact that the opening hours of the restaurant are limited to breakfast, when other outlets are likely closed, and lunchtime, an additional license should not have any negative impacts. Police Department comments Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) has a current crime rate of 409%, well above the 120% considered to be a high crime area. Of the different beats, Beat 20 has the highest of the four; all four beats in the City are considered high crime and have percentages from 250 to 409%. The crime rates are based on the entire beat, which in this case is a substantial area. Rates for a more localized area around the business would be significantly less. PD provided a Risk Assessment report, which assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, Aunt Emma's 4 received a score of 12, which would indicate a low risk. Low Risk is 0-12 points; Medium Risk 13-18 points; and High Risk 19-24 points. Traffic Because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. The applicant has stated that alcohol sales are intended to add to the service offered to existing customers. However, it is expected that a small amount of local customers would dine at the National City location rather than the Chula Vista location if alcohol sales is of particular importance to those customers. National City Blvd. in this location has a level of service (LOS) of A, the best level that can be assigned, and has a capacity of 40,000 average daily trips (ADT). The current ADT is 14,500; therefore, it is not expected that alcohol sales would result in an increase in ADT such that the LOS would be affected. 2030 numbers, as stated in the General Plan, show an LOS of B and an ADT amount of 19,500. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy (alcohol incidental to food, hours of operation, RBSS training, etc.). The conditions are intended to reduce any potential impacts on the adjacent community. Summary Aunt Emma's has been in business at this location since 2009. No concerns have been noted regarding business operations or associated crime in that timeframe. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, the limited opening hours of the restaurant are should not have any negative impacts on the area. RECOMMENDATION Approve 2014-10 CUP subject to the conditions listed below, based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval/Denial 2. Recommended Conditions 3. Location Map 4. Census Tract Map and Police Beat Map 5. Police Department and Institute for Public Strategies comments 6. Public Hearing Notice (Sent to 229 property owners and occupants) 7. Notice of Exemption 8. Applicant's Plans (Exhibit A, case file no. 2014-10 CUP, dated 6/17/2014) • MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director 6 RECOMMENDED FINDINGS FOR APPROVAL 2014-10 CUP, 214 National City Boulevard 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since alcohol sales for on -site consumption are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since alcohol sales for on -site consumption are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the proposed use is an accessory use to a proposed restaurant use in an existing commercial area and the sale of beer and wine is not expected to appreciably increase traffic on National City Blvd. based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 1A. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2014-10 CUP, 214 National City Boulevard 1 That the proposed use is not deemed essential and desirable to the public convenience and welfare, since there is already an over -concentration of on -sale alcohol licenses in census tract 219.00 in which the subject property is located. 2. The proposed use is not deemed essential and desirable to the public convenience and welfare since beer and wine are currently offered at six other restaurants within the same census tract. 3. That public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. s RECOMMENDED CONDITIONS OF APPROVAL 2014-10 CUP, 214 National City Boulevard General 1. This Conditional Use Permit authorizes the sale of beer and wine at an existing restaurant located at 214 National City Boulevard. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-10 CUP, dated 6/17/2014. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 3:00 p.m. seven days a week. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 9. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to 4 examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10.Alcohol shall be available only in conjunction with the purchase of food. 11. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 12. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 10 August 25, 2014 CensusTracts 2010 1:45,467 0 0.375 0.75 1.5 mi 0 0.5 1 2 km Sources: Esri, HERE, CaLorma, TomTam, Intamap, increment P Corp., GEECO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan. METI, Esri China (Hong Kong), swisatopo. MapmyIndia Ope'Ore etMap contributors, and the GISUser Community 19691 icrosott Co oration anolor9ssuppllers ., Re�a7n ma PPo� antl tllre p:12700E VCEO. M rights rasenad N NI rib isaeired.T.ele All s antl Tsls Alas Morlh Amen aare radem fi hts there'd: Portions 990—]885.Ins_ta989leId Soltwara Cot -Oration. NI rights rPri rrad. 'and NAYrE6 i ON BOAR arehadeTnarIsoLi14VSEQ: O 2005 Tao Atlas NoNortriArnatcaificf Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 72 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 06/18/14 BUSINESS NAME: Aunt Emma's ADDRESS: 214 National City Boulevard, National City, CA 91950 OWNERNAME: Nikos Gelastopoulas DOB: 02/05/1967 OWNER ADDRESS: 423 Rezko Way, Bonita CA 91902 (add additional owners on page 2) I. Type of Business {�J Restaurant (1 pt) ❑ Market (2 pts) Bar/Night Club (3 pts) II. Hours of Operation Daytime hours (1 pt) ❑ Close by lOpm (2 pts) ❑ Close after lOpm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) IV. Crime Rate ❑ Low (1 pt) ❑ Medium (2 pts) i High (3 pts) V. Alcohol Businesses per Census Tract ❑ Below (1 pt) ❑ Average (2 pts) i1 Above (3 pts) Notes: Crime Rate - over 120% Census Tract - 219 Allowed Type 41 - (8) currently have (10) Revised: 11/11 1 of 2 11 National City Police Department VI. Calls for Service at Location (forprevious 6 months) I Below _(1_ pt) Average (2 pts) ❑ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) ❑ Mostly residential (3 pts) VIII. Owner(s) records check V1 No criminal incidents (0 pts) ❑ Minor criminal incidents (2 pts) ❑ Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 — 18pts) High Risk (19 — 24pts) Total Points 12 OWNER NAME: Nikos Gelastopoulas DOB: 02/05/1967 OWNER ADDRESS: 423 Rezko Way, Bonita CA 91902 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: - NCPD does not have a proactive enforcement units for ABC outlets. - Within 100' of residences. - 8 on -sale licenses are allowed, census tract 219 currently has 10. -High crime area - crime rate in the area is 371.6%, well above the 120% average ABC a high crime rate Completed by: Graham Young, Lt 2 of 2 Badge ID: 365 14 California ABC - License Query System - Data Portal Page 1 f2 California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (On -Sale Licenses) and Census Tract = 219 Report as of 6/20/2014 License Number Status License Type Orig. Iss. Date Explr Date Primary Owner and Premises Addr. Business Name Mailing Address Geo Code 1) 19253 ACTIVE 40 8/8/1973 /31/2015 FLORES, JAMES P 1524 MCKINLEY AVE NATIONAL CITY, CA 91950 Census Tract: 0219.00 CAFE ESTELA f708 2) 395760 ACTIVE 40 3/25/2003 /28,2015' MAGADAN, ANA BETANZOS 640 CIVIC CENTER DR NATIONAL CITY, CA 91950 Census Tract: 0219.00 CLUB 13 1651 MALTA AVE CHULA VISTA, CA 91911 5708 3) 428259 ACTIVE 47 10/5/2005 /30,2014 NIGHTTRAIN ENTERPRISES INC 108 W 25TH ST, UNITS D-G NATIONAL CITY, CA 91950 Census Tract: 0219.00 STONEYS BAR & GRILL 765 MARBELLA CIR CHULA VISTA, CA 91910 lob 4) 473440 ACTIVE 41 1/27/2009 12/3I/201 MORALES, ENRIQUE 1930 CLEVELAND AVE NATIONAL CITY, CA 91950-5415 Census Tract: 0219.00 ` APA GALLO CAFE 1�708 5) 479742 ACTIVE 47 9/3/2009 /31)2014 PIER 32 WATERFRONT GRILL LLC 3201 MARINA WAY, STE 102 NATIONAL CITY, CA 91950-6301 Census Tract: 0219.00 WATERFRONT GRILL THE 4980. N HARBOR DR, # 200 SAN DIEGO, CA 92106 6705 6) 482712 REVPEN 40 4/13/2010 /31)2014 AMERICAN ATHLETIC CLUB LLC 2539 HOOVER AVE NATIONAL CITY, CA 91950-6621 Census Tract: 0219.00 AMERICAN ATHLETIC CLUB LLC �� U -0- 77 489545 ACTIVE 47 '7/23/2010 /30/2014 3:29:48 PM JBG RESTAURANTS INC 740 BAY MARINA DR NATIONAL CITY, CA 91950-6427 Census Tract: 0219.00 BUSTORS BEACH HOUSE AND LONG BOARD BAR t37(216 8) 517630 ACTIVE 41 3/19/2012 /28/2015 3:47:29 PM RATSACHAK RESTAURANT GROUP LLC 2424 HOOVER AVE, BLDG 5A STES F & P NATIONAL CITY, CA 91950-8552 Census Tract: 0219.00 GOODYS SUSHI & GRILL C3708 CTIVE 47 ::06:16 AM �431/2013 /3012015 00 NATIONAL CITY CLARION NATIONAL CITY ENT R725 ADRWAY 370E r.31956 http://www.abc.ca.gov/datport/AHCountyRep.asp 15 6/21 /2014 :alitornla AEC - License Query System - Data Portal Page 2 of 2 10) — NATIONAL CITY, CA 11950 ensus Tract: 0219.00 • IAMOND BAR, A 91765 54761 ACTIVE 51 5/10/1955 1/31/2015 EAGLES LODGE AERIE' 271'1 1131 ROOSEVELT AVE NATIONAL CITY, CA 91950 Census Tract: 0219.00 EAGLES AERIE 2712 3708 --- EndofReport - - - or a definition of codes, view our glossary. p://www.abc.ca.gov/datport/AHCountyRep.asp 6/21/2014 16 7.10 ARJIS Required Parameters Reporting Period: 01/2013 to 12/2013 Agency: NATIONAL CITY ABC Report ABC Report 2013 NCPD Optional Parameters Geographical Area: Group by: Beat 020 Prior Report Number. B98S328R CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 0 ROBBERY 42 AGGRAVATED ASSAULT 45 BURGLARY 50 LARCENY 298 MOTOR VEHICLE THEFT 103 Total Part I Crime: 538 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 14 OTHER PART II CRIMES 470 CHILD AND FAMILY 17 DEADLY WEAPONS 13 EMBEZZLEMENT 0 FRAUD 6 GAMBLING 0 MALICIOUS MISCHIEF 5 NARCOTICS 93 SEX CRIMES 28 FORGERY 3 OTHER NON -CRIMINAL 115 Total Part II Arrest: 764 Beat Total = Part I Crime + Part II Arrest: 1,302 BeatAve. ( Agency / Beat ): 350.4 Agency Wide Total = Part 1 Crime + Part II Arrest: 4,905 Beat Total as % of Beat Average: : 371.6% (120% is considered high crime area) Jun 17, 2014 - 4 - 1:53:05 PM 17 South Bay community change project Environmental Scan For Alcohol License C.U.P. Aunt Emma's Restaurant 214 National City Blvd., National City, CA 91950 This environmental scan was conducted for Aunt Emma's Restaurant, located at 214 National City Blvd., in National City. It was conducted on Friday, June 27, 2014. Community input was also gathered from residents and businesses in very close proximity to the applicant on June 276. The included photographs were taken on June 27, 2014. The business is located in Census Tract 219.00, between West 2nd Street and West 3rd Street in National City (see photos below). Aunt Emma's is a restaurant with no current sales of alcohol. The application is for a Conditional Use Permit for sales of Beer and Wine for On -Sale consumption, type 41 license, for sales of beer and wine in the restaurant during the hours of 6:00 am to 3:00 pm. Photo of Aunt Emma's Restaurant (Photo taken 06-27-2014) Google Earth View of 214 National City Blvd. and Surrounding Area (Photo taken 06-27-2014) Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstrategies.org 18 The interior and exterior of the business were clean with no signs of trash or graffiti. Aunt Emma's Restaurant (Photos taken on 06-27-14) Youth Sensitive Areas The business is located near youth sensitive areas. Integrity Charter School, located at 701 National City Blvd, National City, is approximately 4/10th of a mile to the South of the applicant's location. The school has 250 students in grades pre -kindergarten through 8th grade. r 214 Natr ti ,,. c tt,.. $f)uth4viuktetn. Com flruruty G ights tIlucat bt Serrtec E41 ..-AbUNteMutti-Lingual,_ _ ... Pre-Schitoland Dayeere al Schools Near Applicants Location Shown in Red. Green Arrow Depicts Location of Applicants Business Funded by the San Diego County Health and Human Services Agency Page 2 of 5 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies. org 10 Churches A Google search showed the closest church to the applicant's location is the Ministerios Cristianos Lo Mejor del Trigo church, located at 330 National City Blvd, National City, approximately 400 feet south of the applicant's business. Ministerios Cristianos Lo Mejor del Trigo... ihr-sliari. diu!chea... et Good Samaritan Church Saint Marys Roman Catholic Church` First United Methodist Church Q Z 0 Churches Near Applicant's Location Shown in Red. Green Arrow Depicts Location of Applicant's Business Outlet Density Census Tract 0119.00 currently has more than the recommended number of On -Sale liquor outlets established by the California Department of Alcoholic Beverage Control, in relation to the existing Census Tract's population. The ABC recommended number of On -Sale outlets in this Census Tract is eight. However, the actual number of On -Sale liquor licenses in this Census Tract is twelve. Additionally, Census Tract 0119.00 is over the recommended number of Off Sale alcohol outlets. The recommended number of Off -Sale licenses for the Census Tract is four, however, the actual number is six. Census Tracts Off -Sale On -Sale Census Tract 219 Applicant is within this Census Tract Authorized: 4 Actual: 6 Number Above/Below Authorized: +2 Authorized: 8 Actual: 10 Above/Below: +2 Neighboring Census Tracts Census Tract 0117.00 Authorized: 4 Actual: 9 Number Above/Below Authorized: +5 Authorized: 8 Actual: 13 Above/Below: +5 Funded by the San Diego County Health and Human Services Agency Page 3 of 5 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies. org 20 Off -Sale On -Sale Census Tract 0118.01 Authorized: 2 Actual: 2 Number Above/Below Authorized: - Authorized: 4 Actual: 4 Above/Below: - Census Tract 116.01 Authorized: 3 Actual: 6 Number Above/Below Authorized: +3 Authorized: 6 Actual: 4 Above/Below: -2 Census Tract 116.02 Authorized: 2 Actual: 3 Number Above/Below Authorized: +1 Authorized: 3 Actual: 1 Above/Below: -2 Existing Alcohol Outlets Green Arrow Depicts Applicant's Location. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Funded by the San Diego County Health and Human Services Agency Page 4 of 5 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www.publicstratogies.org 91 Crime Rate A request for the beat and crime rate for the applicant address was made, however no data was provided. At this time, the beat and crime rate are unknown to our office. Community Input Community input was received from approximately 10 people living and working in the immediate area, including businesses. Community input was obtained on June 27, 2014. Community Input for Approval of Alcohol License: Nine of the ten residents and business employees contacted were supportive of the license request for alcohol sales of beer and wine between 6:00 am and 3:00 pm. Those who were supportive of the license said the current hours of operation from 6:00 am to only 3:00 pm were one of the main reasons for their support. Residents and employees at businesses had a positive view of Aunt Emma's Restaurant. They did voice concerns over prostitution in the immediate area that are unrelated to the business. Those contacted did not want to see alcohol sales after 3:00 pm. The one individual opposed to the license did not think having alcohol at a family restaurant was a good idea. Prostitution in the area was also a concern for the individual. Considerations The Crime Rate is unknown for this location. A follow up request for this information from personnel within the City of National City, may result in obtaining the crime rate for this location. Funded by the San Diego County Health and Human Services Agency Page 5 of 5 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. pub licstrategies, org 22 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AUNT EMMA'S RESTAURANT LOCATED AT 214 NATIONAL CITY BLVD. CASE FILE NO.: 2014-10 CUP APN: 555-030-08 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 8, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Nikos Gelastapoulos) The applicant is requesting to sell beer and wine for on -site consumption. The restaurant serves breakfast and lunch from the hours of 6 a.m. to 3 p.m. daily. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., September 8, 2014, who can be contacted at 619-336-4310 or planninqanationalcityca.gov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 2 2 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2014-10 CUP Project Location: 214 National City Boulevard, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for the sale of beer and wine sales within an existing restaurant. Applicant: Niko Gelastopoulos 214 National City Boulevard National City, CA 91950 Telephone Number: (619) 477-6900 Exempt Status: Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why protect is exempt: The project will result in no changes to the physical environment, since the proposal is located completely within an existing restaurant building. Date: MARTIN REEDER, AICP Principal Planner 24 RESOLUTION NO. 18-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT AUNT EMMA'S RESTAURANT LOCATED AT 214 NATIONAL CITY BLVD. CASE FILE NO. 2014-10 CUP APN: 555-030-08 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at Aunt Emma's Restaurant located at 214 National City Blvd. at a duly advertised public hearing held on September 8, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-10 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 8, 2014, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, since alcohol sales for on -site consumption are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, since alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan; and since alcohol sales for on -site consumption are a conditionally -allowed use in Development Zone 1A of the Downtown Specific Plan Area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, since the proposed use is an accessory use to a proposed restaurant use in an existing commercial area and the sale of beer and wine is not expected to S appreciably increase traffic on National City Blvd. based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since no expansion of the building is proposed. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, since the proposed use will be compatible with other nearby businesses; and since the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, since staff has already determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. 7. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the continued viability of a restaurant, an established and allowed use in Development Zone 1A. 8. That public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer and wine at an existing restaurant located at 214 National City Boulevard. Plans submitted for permits associated with this project shall conform with Exhibit A, case file no. 2014-10 CUP, dated 6/17/2014. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. 26 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 7. The sale of alcoholic beverages shall be limited to between the hours of 6:00 a.m. and 3:00 p.m. seven days a week. 8. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 9. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 10.Alcohol shall be available only in conjunction with the purchase of food. 11. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. Police 12. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 17 BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 8, 2014, by the following vote: AYES: Garcia, Baca, Bush, Pruitt, Alvarado, Fibres NAYS: Dela Paz ABSENT: None ABSTAIN:None CHAIRPERSON 28 FneIPI, REG,,4, ouvr msmIrr LANDSCAPING eGS+,q LANDSCAPING EXISTING RESTAURANT ,ab PT�R, r len SITE PLAN SCALE: 3/16" = 1' 0 " Cevi EXHIBIT A CASE FILE NO. 2014-10 CUP DATE: 6/17/2014 ORIGINAL SHEET SIZE a 24. STiNE1M•Y-G • tF Cannons Designs aWDealer COV Woes VW aSISM M..= room., emu.. reran. by -. ,ere-®ann MN. Dwane ME PLAN A-1 --- —`" AUNT MINAS NATIONAL CITY zMNATE ILeflYRan em.Well.4,CA S C) 0 0 0 0 00000090 ( r No11011611.00.1 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO.27 ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Fiberglass Manufacturing Business (McCallum Surfboards) located at 3101 Hoover Avenue. (Applicant: Jeff McCallum) (Case File 2014-12 CUP) PREPARED BY: jMartin Reeder, AICPI PHONE: 1336-4313 DEPARTMENT: APPROVED BY: EXPLANATION: the 23,500 square -foot project site is on the east side of Hoover Avenue in the Light Industrial zone, and is developed with a 6,000 square -foot industrial building and a large storage/parking lot. The proposed use of the property is a "boutique" surfboard manufacturer (small-scale operation producing collectable and art pieces). The finishing portion of the manufacturing process would occur in approximately 1,000 square feet of the building, with 400 square feet used for fiberglass preparation, application, and finishing activities (the CUP is required for the fiberglass use). The remainder of the building would be used for manufacturing surfboard "blanks" (the foam core of a surfboard), shaping, storage and an office/showroom. The facility would have five employees and be in operation from 9 a.m. to 7 p.m. Monday to Saturday. The showroom would be open by appointment only from 10 a.m. to 2 p.m. Monday to Friday. Planning Commission conducted a public hearing on September 22, 2014. Commissioners asked questions related to business operations and Conditions of Approval. The Commission voted to approve the Conditional Use Permit based on the revised findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.' FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Bush, DeLaPaz, Flores, Garcia, Pruitt Absent: Alvarado, Baca; ATTACHMENTS: 1. Location Map 3. Resolution No. 21-2014 2. Planning Commission Staff Report 4. Reduced Plans • O M N M • — • OSR—CZ ♦ — — — - — — • C0 T • u7 N ML W. 30th St I M 3202 Hoover Ave 0 3039 3101. ML—CZ 3131 0 0 3201 Subject Parcel — — — Zone Boundary l Feet 0 75 150 300 APN; 562-220-40 Planning Commission Location Map 2014-12 CUP 07.03.12 Title: Item no. 5 September 22, 2014 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A FIBERGLASS MANUFACTURING BUSINESS (MCCALLUM SURFBOARDS) LOCATED AT 3101 HOOVER AVENUE. Case File No.: 2014-12 CUP Location: East side of Hoover Avenue south of West 30th Street. APN: 562-220-40 Staff report by: Martin Reeder, AICP — Principal Planner Applicant: Jeff McCallum Property Owner: 2W3M, LLC Parcel size: 0.54 acres Combined General Plan/ Zoning designation: Light Manufacturing — Coastal Zone (ML-CZ) Adjacent Land Use /Zoning: North: Restaurant Supply Warehouse / ML-CZ East: industrial use across Hoover Avenue / ML-CZ South: Commercial truck rental / ML-CZ West: Auto storage/sales (on National City Blvd.) / ML-CZ Environmental review: Exempt pursuant to CEQA Section 15301 (Existing Facilities) 2 BACKGROUND Site Characteristics The project site is an approximately 23,500 square -foot property on the east side of Hoover Avenue. The propertyis developed with a 6,000 square -foot industrial building and a large storage lot with several parking spaces marked and room for several more. The applicant is in negotiations to purchase the building. The lot is shown on the current zoning map as being in the Light Industrial (IL) zone, and also within the Coastal Zone. The recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been approved by the Coastal Commission. Therefore, the City's previous zoning would generally apply. In this case the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. Proposed Use The proposed use of the property is a surfboard manufacturer and office/showroom. The fiberglass manufacturing portion would occur in approximately 1,000 square feet of the building, with 400 square feet used for fiberglass preparation, application, and finishing activities. The remainder of the building would be used for manufacturing of surfboard "blanks" (the foam core of a surfboard), shaping, storage and a showroom in the front of the building. The latter uses would involve no chemical or fiberglass activities. The facility, which would employ five employees, would be in operation from 9:00 a.m. to 7:00 p.m. Monday to Saturday. The showroom would be open by appointment only from 10:00 a.m. to 2:00 p.m. Monday to Friday. The company produces handmade "boutique" surfboards, mostly collected as art pieces. Expected production is approximately six to ten boards per week. Analysis The Land Use Code requires a Conditional Use Permit (CUP) for activities involving fiberglass manufacturing in the MM-CZ zone. "Fiberglass Boat Building" is a conditionally -allowed use in Use Group 22 of Appendix D of the code. However, this use has historically been applied by the Commission to uses involving fiberglass manufacturing of any products. Concerns surrounding fiberglass fabrication uses typically relate to environmental health. The business is currently in operation in the City of San Diego, but is looking to move and expand. As an existing surfboard manufacturer, McCallum Surfboards is registered with the Department of Toxic Substances Control, which issues EPA (Environmental Protection Agency) numbers to businesses dealing with toxic substance. Acetone waste is considered a toxic substance. In this case, the applicant's acetone use is minimal. The business only stores one 5-gallon container of acetone on site and generates roughly one 35-gallon drum of acetone waste every three to four 3 months. The waste is professionally disposed of using a certified disposal company. A condition has been added requiring all necessary local, state and/or federal permits to be procured prior to issuance of a business license. This will ensure that the business operates within accepted and required environmental health standards. Plans submitted by the applicant show 12 parking spaces on site. Per Code requirements, 10,000 square feet of manufacturing and related uses would require one space per 800 square feet of floor area, or 8 spaces, less than is shown. There is also more room for parking behind the building. No traffic issues are expected due to the limited production capacity of the business, and the existing street network is more than capable of handling the traffic generated by the use. CEQA The property has historically been used by industrial businesses that engage in fabrication of items from custom lighting, to wrought iron fencing, to marine -related components. As the previous uses and current zoning are industrial in nature, and since the proposed business is a Tight industrial use, the project qualifies for an exemption from CEQA (California Environmental Quality Act) pursuant to Section 15301 (Existing Facilities). This exemption is appropriate in the project will result in no changes to the physical environment, since the proposal is an industrial use to be located completely within an existing industrial building, and since all required federal, state, and local permits have or will be procured prior to business operation. Coastal Zone Although the property is located in a generally categorically exempted area within the Coastal Zone, the CUP triggers the need for a Coastal Development Permit. The project area is not within an area of retained Coastal Commission permit jurisdiction or in an area of appeal jurisdiction. As part of this discretionary review, the Planning Commission must find that granting of the Coastal Development Permit is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves an industrial use, which is conditionally -allowed in the ML- CZ zone, and will not prohibit coastal access or obstruct views. Conditions of Approval Comments were received from the Building and Fire Departments. Comments focused on Building and Fire Code requirements, and are included as Conditions of Approval. Summary Manufacturing is an accepted and appropriate use in the Light Manufacturing zone, and the addition of a fiberglass manufacturing business will contribute to the viability of area industry, an important component of local commerce. Conditions of Approval will reduce the potential for adverse effects on area uses. 4 RECOMMENDATION Approve 2014-12 CUP based on attached findings. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Conditions of Approval 3. Location Map 4. Site Photos 5. Public Hearing Notice (Sent to 5 property owners) 6. Notice of Exemption 7. Applicant's Plans (Exhibit A, Case File No. 2014-12 CUP dated 8/5/2014) MARTIN REEDER, AICP Principal Planner BRAD RAULSTON Executive Director r •� 5 RECOMMENDED FINDINGS FOR APPROVAL 2014-12 CUP — McCallum Surfboards 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic potentially generated by the proposed use, since the site has access to West 30th Street and Hoover Avenue, both collector streets with direct access to National City Blvd., an arterial street, and two freeways (1-5 and SR-54). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use which is permitted in the ML zone. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide for the relocation of a manufacturing use, a conditionally -allowed use in the MM-CZ zone, into National City, thus generating taxes for the City. 5. That the granting of this Conditional Use Permit is consistent with and implements the requirements of the Local Coastal Program, since the business is located in a categorically excluded area and conforms with provisions of the Land Use Code. 6 RECOMMENDED CONDITIONS OF APPROVAL 2014-12 CUP — McCallum Surfboards General 1. This Conditional Use Permit authorizes a surfboard manufacturing business to operate within a 6,000 square -foot industrial building located at 3101 Hoover Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2014-12 CUP dated 8/5/2014. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. Fire 6. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 7. Occupancy shall be evaluated for fire sprinkler and fire alarm coverage, as the working of Styrofoam creates finely divided combustible waste or finely divided combustible materials. 7 8. A fire alarm and fire sprinkler system may be required due to the storage and application of flammable substances, per Table 903.2.11.6 of the California Fire Code - 2013 Edition. 9. Mechanical ventilation intended to capture combustible aerated waste may be required per the California Building Code 2013 Edition. 10.Storage racks shall be evaluated by the National City Building Department for intended use. 11.A commodities report shall be required upon submittal of project plans. The report shall be furnished to the National City Building or Fire Department upon submittal of construction permits. 12.An occupancy load shall be required for the business, which shall be submitted to the National City Building Official. A site map describing correct and current interior measurements of the space shall be provided. Planning 13. All necessary local, state and/or federal permits to be procured prior to issuance of a business license to ensure that the business operates within accepted and required environmental health standards. 8 N CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR A FIBERGLASS MANUFACTURING BUSINESS (MCCALLUM SURFBOARDS) LOCATED AT 3101 HOOVER AVENUE IN THE COASTAL ZONE. CASE FILE NO.: 2014-12 CUP APN: 562-220-40 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 22, 2014, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jeff McCallum) The applicant proposes to operate a surfboard manufacturing facility and office/showroom. The fiberglass manufacturing portion would occur in approximately 1,000 square feet of the 6,000 square -foot building, with 400 square feet used for fiberglass preparation, application, and finishing activities. The facility would be in operation from 9:00 a.m. to 7:00 p.m. Monday to Saturday. The time within which judicial review of the City Council action must be sought on this item is governed by Section 1094.6 of the California Government Code of Civil Procedure (CCP). The right to appeal a decision of the City Council is governed by Section 1094.5 of the CCP and Chapter 1.42 of the City of National City Municipal Code. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Department on or before 12:00 p.m., September 22, 2014, who can be contacted at 619-336-4310 or planninq(a.nationalcitvca.cov If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone &se raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Executive Director 9 •FORMA.-. IWCoapofATLD CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: County Clerk County of San Diego P.O. Box 1750 1600 Pacific Highway, Room 260 San Diego, CA 92112 Project Title: 2014-12 CUP Project Location: 3101 Hoover Avenue, National City, CA 91950 Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit application for a surfboard manufacturing business within an existing 6,000 square -foot industrial building. Applicant: Telephone Number: Jeff McCallum (858) 405-7856 1832 Fort Stockton Drive San Diego, CA 92103 Exempt Status: Categorical Exemption. Class 1 Section 15301 (Existing Facilities) Reasons why proiect is exempt: The project will result in no changes to the physical environment, since the proposal is an industrial use to be located completely within an existing industrial building, and since all required federal, state, and local permits have or will be procured prior to business operation. Date: MARTIN REEDER, AICP Principal Planner 10 RESOLUTION NO. 21-2014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR A FIBERGLASS MANUFACTURING BUSINESS (MCCALLUM SURFBOARDS) LOCATED AT 3101 HOOVER AVENUE. APPLICANT: JEFF MCCALLUM CASE FILE NO. 2014-12 CUP WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a fiberglass manufacturing business (McCallum Surfboards) located at 3101 Hoover Avenue, at a duly advertised public hearings held on September 22, 2014, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2014-12 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 22, 2014, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing building and since no expansion of the building is proposed. 2. That the site has sufficient access to streets and highways that are adequate in width and pavement type to carry the volume and type of traffic potentially generated by the proposed use, since the site has access to West 30th Street and Hoover Avenue, both collector streets with direct access to National City Blvd., an arterial street, and two freeways (1-5 and SR-54). 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the use is contained wholly within an existing building and the use is consistent with an industrial use which is permitted in the ML zone. 11 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will provide for the relocation of a manufacturing use, a conditionally -allowed use in the MM-CZ zone, into National City, thus generating taxes for the City. 5. That the granting of this Conditional Use Permit is consistent with and implements the requirements of the Local Coastal Program, since the business is located in a categorically excluded area and conforms with provisions of the Land Use Code. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a surfboard manufacturing business to operate within a 6,000 square -foot industrial building located at 3101 Hoover Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2014-12 CUP dated 8/5/2014. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. Building 5. Plans submitted for improvements must comply with the 2013 edition of the California Building, Electrical, Plumbing, and Mechanical. Fire 6. Plans submitted for improvements must comply with the 2013 editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA), and the current edition of the California Code of Regulations. 12 7. Occupancy shall be evaluated for fire sprinkler and fire alarm coverage, as the working of Styrofoam creates finely divided combustible waste or finely divided combustible materials. 8. A fire alarm and fire sprinkler system may be required due to the storage and application of flammable substances, per Table 903.2.11.6 of the Califomia Fire Code - 2013 Edition. 9. Mechanical ventilation intended to capture combustible aerated waste may be required per the California Building Code 2013 Edition. 10.Storage racks shall be evaluated by the National City Building Department for intended use. 11.A commodities report shall be required upon submittal of project plans. The report shall be furnished to the National City Building or Fire Department upon submittal of construction permits. 12.An occupancy load shall be required for the business, which shall be submitted to the National City Building Official. A site map describing correct and current interior measurements of the space shall be provided. Planning 13.AII necessary local, state and/or federal permits to be procured prior to issuance of a business license to ensure that the business operates within accepted and required environmental health standards. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 22, 2014, by the following vote: AYES: Garcia, Bush, Pruitt, Flores, DelaPaz NAYS: ABSENT: Alvarado, Baca ABSTAIN: CHAIRMAN 13 14 .1 • . . i ...,_ i 1 ' , I •,.. .. 4. a C i .... i . .. '.. I i • j , t 1 , 1 --. i ,L.. L -1 = • • , . I , ... ! , : 4 : , f , 7 ' i r . i i :.. , i ; I ' i • . r , , g t I 4 1 . , 4 . ... ..... , !. _L....J ......11...,...„.... ' ...., , .. " . .. ...T._ ....„. 1 , . , , . , , , , . , i, ,1 1 . ' r i ' ; 1 , , I t .J—... ' ,....4.. ' ' 1 , 't ' ',.• ' " ; ' + I . , f 2V07 .... i 1 . . ... k I I . I i ' , , 4,......._.f. _.4,__ ....._ 4 ..1,..... • , . 4 t ..... I i , ........... 1 •.t ---4. ... • t 4. ......4 , 4?. L ............ i I 1 1 ' I 1 i j i • 1 • 3 1 I 1 i • i ' ..... ; ,_ i. „„... 1 . -0110r4mr . M w • • . 1.11 •-••• 11 • • .'i.'•••3114.11•11.., ok•• 17 Hoover Ave looking south Hoover Ave looking north 18 Looking west from subject site 19 20 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (October 7, 2014 AGENDA ITEM NO. ITEM TITLE: City of National City's Participation in "South San Diego County Host Town" in Support of the 2015 Special Olympics World Games in Los Angeles PREPARED BY: Lauren Maxiloml PHONE: 1(619) 336-4289 EXPLANATION: See attached staff report DEPARTMENT: City Manager's Office APPROVED FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001-409-000-212-0000 APPROVED: 8 Cost is estimated at $1,000. Any amount over that would be referred back to Council for approval. ENVIRONMENTAL REVIEW: IN/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the City's support of the 2015 Special Olympics World Games in Los Angeles. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff report on National City's Participation in "South San Diego County Host Town" in Support of the 2015 Special Olympics World Games in Los Angeles. CITY OF NATIONAL CITY's PARTICIPATION IN "SOUTH SAN DIEGO COUNTY HOST TOWN" IN SUPPORT OF THE 2015 SPECIAL OLYMPICS WORLD GAMES IN LOS ANGELES The City of Los Angeles is hosting the Special Olympics World Games (Special Olympics) in July 2015. With 7,000 athletes, 3,000 coaches and an estimated 500,000 spectators, this event will showcase athletic ability and determination. Athletes will represent 177 countries in 25 sporting events at 27 venues in Los Angeles. Opening ceremonies will be held on July 25, 2015 at the Los Angeles Memorial Coliseum and the Athlete Villages at USC and UCLA. The 2015 World Games will be the largest event hosted by Los Angeles since the 1984 Olympic Games. For the three days preceding the Opening Ceremony, up to 100 towns and cities across Southern California will host delegations from around the world. Host Towns will serve the special role of welcoming approximately 100 Special Olympic delegates (typically one or two delegations) to Southern California. Host Towns provide a place for a delegation to practice and rest before the Games, as well as provide the athletes with an opportunity to participate in social and cultural activities that are unique to the host city. A Host Town Committee of Chula Vista, Coronado, National City, and potentially Imperial Beach volunteers is being assembled by Special Olympics Host Town Program staff to coordinate food, lodging, transportation, training, public relations, volunteer staffing and coordination, language services, medical, security, finance and events for the athletes and their coaches during their visit to South San Diego. The City of National City has been asked to lend its support to this effort. ANALYSIS The Special Olympics World Games organizers have approached a number of San Diego County community and business leaders, including the City of National City, to assess the community's interest in serving as a Host Town for the 2015 World Games. Given National City's active and involved community and business groups, it is anticipated that there would be many who would want to be part of this collective community experience. Participation as a Host Town will make National City a part of this global program. Communities that have participated as Host Towns have described a rewarding community experience. Cities that participate as Host Towns will be listed on the 2015 Special Olympics World Games' website that has world-wide exposure. In addition, each Host Town city receives its own webpage and Facebook Fan Page created by the World Games staff for Host Town promotion and recognition of supporting partners. Host Towns will be acknowledged in official collateral and signage at the competing venues as well. Page 1 of 2 Prior to approaching San Diego County Cities over 20 cities have already announced their participation in the Host Town Program including Arcadia, Burbank, Calabasas, Downey, Glendale, Irvine, La Mirada, Long Beach, Manhattan Beach, Palmdale, Palm Springs, Poway, Santa Barbara, Santa Clarita, Santa Maria, Studio City, Thousand Oaks, West Covina and Whittier. Additional cities that have committed but not yet formally announced are Bakersfield, Bel Air, Carson, Corona, Fairplex, Fountain Valley, Fullerton, Huntington Beach, La Habra, Lompoc, Oxnard, Redlands, San Diego — Downtown, San Luis Obispo, San Marino, Santa Monica, Simi Valley, Solvang, and West LA. A South San Diego County Host Town Organizing Committee is being assembled to manage the efforts of the participating community entities to plan for the delegation's stay in San Diego and to raise funds through local civic organizations to cover anticipated costs. The City of National City has been asked to give its endorsement to South San Diego County Host Town to allow: • the use of the City logo for fundraising and other marketing efforts • access, at no cost, for cultural and welcoming events • City staff to provide assistance to South San Diego County Host Town in planning and hosting activities for the three day period the athletes and their coaches will be in San Diego. FINANCIAL IMPACT The financial impact for the City to lend its support to South San Diego County Host Town in conjunction the other South County Cities and with the 2015 Special Olympics World Games in Los Angeles is expected to primarily be indirect costs, including staff time and other in -kind support. The City could also incur additional direct costs related to marketing and hosting events. Overall, direct costs to support the National City Host Town are anticipated to be less than $1,000 as we anticipate engaging the entire community in this effort, including our local FFA, POA, businesses, service clubs etc. RECOMMENDED ACTION 1. Approve the City's support of the 2015 Special Olympics World Games in Los Angeles by allowing National City in partnership with Chula Vista, Coronado, and possibly Imperial Beach to be a Host Town and to use the City logo and providing National City Host Town access to City facilities at no charge for events during the athletes stay in San Diego; and authorizing City staff to assist with South County Host Town efforts including such things as public relations, security, and planning and hosting events. Page 2 of 2 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 29 ITEM TITLE: Update of actions taken related to the City of National City Three Year Operating Plan for the period Fiscal Years 2015 through 2017 PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: Refer to attached staff report DEPARTMENT: Administrative Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the staff report BOARD ! COMMISSION RECOMMENDATION: N/A ATTACHMENTS: taff Report City Council Staff Report October 7, 2014 ITEM Staff Report: Update of actions taken related to the City of National City Three Year Operating Plan for the period Fiscal Years 2015 through 2017. BACKGROUND On January 21, 2014, at the direction of the City Manager, staff brought before the City Council a Three Year Operating Plan for the period Fiscal Years 2015 through 2017. As discussed, the Plan is intended to project the General Fund operating budget for said period and the impacts of a 24% reduction in General Fund revenue caused by the scheduled sunsetting of the current District Sales Tax, a 1% (one cent) transaction and use tax commonly referred to as Proposition D. With thousands of people visiting National City every day, out-of-town visitors should continue to pay their fair share for police, fire, street repair, and other services they use when they visit National City. To offset state takeaways and local economic challenges, our City has made significant budget cuts including reducing scores of city employees, consolidating City Departments, reducing management, and implementing pension reform. If Proposition D is not extended, the City purposes cuts to public safety; reduce gang and drug prevention; police officer staffing at local schools; neighborhood police patrols; and graffiti removal; eliminate up to one-third of our firefighters and close the Euclid fire station. As presented, the Plan prepares for the 24% reduction in the City's General Fund operating budget by outlining the probable Maintenance and Operation, Personnel, and corresponding service reductions that would be effectuated by all City departments after the fiscal year 2017 sunset (September, 2016). At the time of the report, Personnel accounted for 78% of the City's General Fund budget. In order to achieve the necessary level of reduction, most departments projected the majority of the reduction would come in the form of reductions in personnel, totaling 22.3% of the total projected reductions. In terms of people, that 22.3% reduction represents 30.65% of the City's workforce and a loss of 109 employees. Because services are delivered primarily by people, reductions of this magnitude result in significant reductions in service including a further reduction in Library hours, senior and youth recreational programming; elimination of the graffiti removal program; and further reductions in fire and Page 2 Staff Report — Update of actions taken related to the City of National City Three Year Operating Plan for the period Fiscal Years 2015 through 2017 October 7, 2014 police sworn safety personnel. Without an extension of Proposition D National City plans to eliminate police, firefighters and medical paramedics, increasing 9-1-1 emergency response times. Following the example of the City Council in striving for transparency and in seeking public input in matters that impact the quality of life for National City residents, a concerted effort has been made throughout calendar year 2014 to share information related to the Three Year Operating Plan with the community and to seek feedback. The purpose of this report is to provide an update on these efforts. DISCUSSION Outreach To date, there have been twenty presentations to local civic and business groups, the City's Boards and Commissions and the San Diego County Taxpayers Association. At each presentation, the audience is provided with a history of National City's finances consistent with the background provided during the introduction of the Three Year Operating Plan. From there, an explanation of Proposition D is provided, explaining that all revenues from this transaction and use tax remain local; and a review of the projected impacts of the loss of said revenue is shared. At all sessions, feedback is encouraged. Comments and questions have been encouraged at each session as well as the completion of an available Community Feedback Survey, available both in paper form and electronically, with a link to the electronic version posted on the City's website. The Community Feedback Survey is intended to gage how residents and businesses rank or prioritize City services. The key to encouraging feedback is designing an instrument that is straightforward and concise. In this case, respondents were asked to rank the importance of some of the existing services that have the most impact on the community. Categories include facets of fire and police safety, street repair, library services and fiscal stability (instrument attached). Through September 23, 2014, the City received 55 completed surveys. Of the eight areas measured, all were identified as most important by one or more respondents, with some respondents ranking multiple services as most important. Overall, the prevention of further reductions in the number of police officers, and the prevention of cuts to fire protection services and firefighters received the highest number of "ones", with one (1) representing the highest importance, at 45.1% Page 3 Staff Report — Update of actions taken related to the City of National City Three Year Operating Plan for the period Fiscal Years 2015 through 2017 October 7, 2014 Summary of numeric responses (March 10, 2014 — Issue ,— , 1 (most important) 8 (least important) Prevention of further reductions in the number of police officers 45.1% 7.84% Prevention of cuts to fire protection services and firefighters 45.1% 5.88% Prevention of reduction of 9-1-1 emergency response services and 9-1-1 dispatchers 39.22% 5.88% Maintaining the City's financial stability 31.37% 5.88% The prevention of the closing of the Euclid Fire Station #31 25.49% 19.61% Preventing cuts to library programs 21.57% 13.73% Preventing cuts to gang and drug prevention programs 19.61% 9.80% Repairing streets 17.65% 35.29% Repairing streets Preventing cuts to gang and drug prevention programs Preventing cuts to library programs The prevention of the closing of the Euclid Fire Station #31 Maintaining the City's financial stability Prevention of reduction of 9-1-1 emergency response services and 9-1-1 dispatchers Prevention of cuts to fire protection services and firefighters Prevention of further reductions in the number of police officers ■ S (least important) ■ 1 (most important) As noted above, public safety services remain a high priority in National City. With the Fire and Police Departments accounting for 71 % of General Fund operating expenses, maintenance of these services at the current levels will be virtually impossible absent the one cent transaction and use tax. This survey instrument remains active and the City will continue to collect and analyze the data. Page 4 Staff Report — Update of actions taken related to the City of National City Three Year Operating Plan for the period Fiscal Years 2015 through 2017 October 7, 2014 Next Steps On August 5, 2014, the City Council voted unanimously to place a measure on the November, 2014 ballot for the continuation of the current one cent transaction and use tax. Should the transaction and use tax not be extended, staff will return to the City Council in early Spring, 2015 with a preliminary action plan to carry out the reductions in workforce and service levels as identified in the Three Year Operating Plan. RECOMMENDATION Accept and file this report. FISCAL IMPACT There is no direct fiscal impact associated with this informational item. Attachment: Community Feedback Survey Community Feedback Survey We need to hear from vou! Please review the following items and rank them in importance from 1-8, with 1 being the most important. Preventing cuts to fire protection services and firefighters Preventing cuts to 9-1-1 emergency response services and 9-1-1 dispatchers Repairing streets Preventing further reductions in the number of police officers protecting the City Preventing the City from closing our local Euclid Fire Station #31 Maintaining the City's financial stability Preventing cuts to gang and drug prevention programs Preventing cuts to library programs D I agree these services are important, and would like to add this comment: Name Address City, State Zip Phone (day) (evening) Email Yes, please keep me informed! Please return to City Manager Leslie Deese, Fax number 619-336-4327 or go to the City's website at www.nationalcitvca.gov and fill out our survey online. Thank you! CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 7, 2014 AGENDA ITEM NO. 30 ITEM TITLE: City Council Holiday Meeting Schedule — December 2014 through January 2015. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City CA PHONE: 619-336-4226 APPROVED BY: !"7�j/ EXPLANATION: See attached memo. erk FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance STAFF RECOMMENDATION: Review and provide direction. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Memo. • October 7, 2014 TO: FROM: SUBJECT: City of National City Office of the City Clerk 1243 National City Blvd., National City, CA 91950-4397 Michael R. Della — City Clerk (619)336-4226 (619) 336-4229 Honorable Mayor and City Council Michael Dalla, City Clerk City Council Holiday Meeting Schedule — December 2014 and January 2015 The City Council approved work furlough will result in City Hall being closed from December 22, 2014 until January 5, 2015. Consequently, the City Council Meeting Schedule will need to be modified to accommodate the furlough closure. It is recommended that the City Council approve one of the two alternative schedules listed below: Alternative Schedule A December 02 December 16 January 06 January 20 Regular Meeting (Election Certification / Oath of Office — Tentative) Regular Meeting Regular Meeting (Dispense with Meeting) Regular Meeting Alternative Schedule B December 02 December 16 January 06 January 20 January 27 February 03 Regular Meeting (Election Certification / Oath of Office — Tentative) Regular Meeting Regular Meeting (Dispense with Meeting) Regular Meeting Adjourned Regular Meeting Regular Meeting Note: This alternative will reduce agenda preparation time from 5 Days to 1 and result in three meetings back to back (January 20, January 27, February 3). 1