National City City Council
March 21, 2023

RISK MANAGER (619) 336-4370

Risk Management has reviewed the above-captioned request for the issuance of a Temporary Use Permit. In order to satisfy the City’s insurance requirements, it will be necessary for the Applicant and the Event Medical Provider (American Medical Response) to provide the following:

 A valid copy of the Certificate of Liability Insurance from the applicant and American Medical Response.
 The insurance policy has a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event.
 The applicant and American Medical Response must each provide a separate additional insured endorsement wherein it notes the additional insured as “The City of National City, its officials, agents, employees, and volunteers”  The insurance company issuing the insurance policy has an A.M. Best’s Guide Rating of A: VII and is a California-admitted company.
 The Certificate Holder must reflect:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA. 91950-4397

It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant at the time the Special Event Application was submitted.

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #31 for the period of 1/27/23 through 2/02/23 in the amount of $2,267,218.53

RECOMMENDATION:

Ratify Warrants Totaling $2,267,218.53

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, attached are the payments issued for the period 1/27/23 – 2/02/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Eagle Paving Company 361823 $228,355.13 CIP 22-19 National City Resurfacing Project Professional Corp 361848 $100,147.50 CIP 23-81 Professional Services Tri-Group Construction & Dev 361870 $137,034.53 CIP 19-33 Paradise Creek Edu Park Public Emp Ret System 230201 $276,052.63 Service Period 12/27/22 – 01/09/23

FINANCIAL STATEMENT:

Warrant total $2,267,218.53

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBIT:

Warrant Register No. 31

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - FEB 2023 361722 2/1/2023 110.00 BEARD RETIREE HEALTH BENEFITS - FEB 2023 361723 2/1/2023 70.00 BECK RETIREE HEALTH BENEFITS - FEB 2023 361724 2/1/2023 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - FEB 2023 361725 2/1/2023 640.00 BISHOP RETIREE HEALTH BENEFITS - FEB 2023 361726 2/1/2023 110.00 BOEGLER RETIREE HEALTH BENEFITS - FEB 2023 361727 2/1/2023 260.00 BULL RETIREE HEALTH BENEFITS - FEB 2023 361728 2/1/2023 580.00 CAMEON RETIREE HEALTH BENEFITS - FEB 2023 361729 2/1/2023 400.00 CANEDO RETIREE HEALTH BENEFITS - FEB 2023 361730 2/1/2023 620.00 CARRILLO RETIREE HEALTH BENEFITS - FEB 2023 361731 2/1/2023 290.00 CASTELLANOS RETIREE HEALTH BENEFITS - FEB 2023 361732 2/1/2023 500. 00 COLE RETIREE HEALTH BENEFITS - FEB 2023 361733 2/1/2023 165.00 COLLINSON RETIREE HEALTH BENEFITS - FEB 2023 361734 2/1/2023 420.00 CONDON RETIREE HEALTH BENEFITS - FEB 2023 361735 2/1/2023 280.00 CORDERO RETIREE HEALTH BENEFITS - FEB 2023 361736 2/1/2023 520.00 DALLA RETIREE HEALTH BENEFITS - FEB 2023 361737 2/1/2023 900.00 DANESHFAR RETIREE HEALTH BENEFITS - FEB 2023 361738 2/1/2023 250.00 DEESE RETIREE HEALTH BENEFITS - FEB 2023 361739 2/1/2023 660.00 DESROCHERS RETIREE HEALTH BENEFITS - FEB 2023 361740 2/1/2023 110.0 0 DIAZ RETIREE HEALTH BENEFITS - FEB 2023 361741 2/1/2023 680.00 DREDGE RETIREE HEALTH BENEFITS - FEB 2023 361742 2/1/2023 250.00 DUONG RETIREE HEALTH BENEFITS - FEB 2023 361743 2/1/2023 280.00 EISER III RETIREE HEALTH BENEFITS - FEB 2023 361744 2/1/2023 250.00 ESPIRITU RETIREE HEALTH BENEFITS - FEB 2023 361745 2/1/2023 620.00 ETZLER RETIREE HEALTH BENEFITS - FEB 2023 361746 2/1/2023 460.00 FABINSKI RETIREE HEALTH BENEFITS - FEB 2023 361747 2/1/2023 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - FEB 2023 361748 2/1/2023 270.00 FIFIELD RETIREE HEALTH BENEFITS - FEB 2023 361749 2/1/2023 540.00 GAUT RETIREE HEALTH BENEFITS - FEB 2023 361750 2/1/2023 700.00 GELSKEY RETIREE HEALTH BENEFITS - FEB 2023 361751 2/1/2023 115.00 GIBBS JR RETIREE HEALTH BENEFITS - FEB 2023 361752 2/1/2023 120.00 GONZALES RETIREE HEALTH BENEFITS - FEB 2023 361753 2/1/2023 480.00 HARLAN RETIREE HEALTH BENEFITS - FEB 2023 361754 2/1/2023 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - FEB 2023 361755 2/1/2023 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - FEB 2023 361756 2/1/2023 400.00 HODGES RETIREE HEALTH BENEFITS - FEB 2023 361757 2/1/2023 200.00 IBARRA RETIREE HEALTH BENEFITS - FEB 2023 361758 2/1/2023 780.00 JONES RETIREE HEALTH BENEFITS - FEB 2023 361759 2/1/2023 60.00 JONES RETIREE HEALTH BENEFITS - FEB 2023 361760 2/1/2023 480.00 JUNIEL RETIREE HEALTH BENEFITS - FEB 2023 361761 2/1/2023 50.00 KIMBLE RETIREE HEALTH BENEFITS - FEB 2023 361762 2/1/2023 300.00 KLOS RETIREE HEALTH BENEFITS - FEB 2023 361763 2/1/2023 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - FEB 2023 361764 2/1/2023 660.0 0 LIMFUECO RETIREE HEALTH BENEFITS - FEB 2023 361765 2/1/2023 160.00 MATIENZO RETIREE HEALTH BENEFITS - FEB 2023 361766 2/1/2023 100.00 MCCABE RETIREE HEALTH BENEFITS - FEB 2023 361767 2/1/2023 280.00 MCDANIEL RETIREE HEALTH BENEFITS - FEB 2023 361768 2/1/2023 290.00 MEEKS RETIREE HEALTH BENEFITS - FEB 2023 361769 2/1/2023 460.00 WARRANT REGISTER # 31
2/2/2023
1/4Page 315 of 563

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 31
2/2/2023
MENDOZA RETIREE HEALTH BENEFITS - FEB 2023 361770 2/1/2023 290.00 MINER RETIREE HEALTH BENEFITS - FEB 2023 361771 2/1/2023 580.00 MUNOZ RETIREE HEALTH BENEFITS - FEB 2023 361772 2/1/2023 640.00 NAGLE RETIREE HEALTH BENEFITS - FEB 2023 361773 2/1/2023 460.00 NOTEWARE RETIREE HEALTH BENEFITS - FEB 2023 361774 2/1/2023 120.00 OLIVERIA RETIREE HEALTH BENEFITS - FEB 2023 361775 2/1/2023 360.00 PAUU JR RETIREE HEALTH BENEFITS - FEB 2023 361776 2/1/2023 340.00 PE RETIREE HEALTH BENEFITS - FEB 2023 361777 2/1/2023 300.00 PEASE JR RETIREE HEALTH BENEFITS - FEB 2023 361778 2/1/2023 140.00 POST RETIREE HEALTH BENEFITS - FEB 2023 361779 2/1/2023 280.00 RAY RETIREE HEALTH BENEFITS - FEB 2023 361780 2/1/2023 190.00 RIOS RETIREE HEALTH BENEFITS - FEB 2023 361781 2/1/2023 240.00 ROARK RETIREE HEALTH BENEFITS - FEB 2023 361782 2/1/2023 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - FEB 2023 361783 2/1/2023 260.00 RUIZ RETIREE HEALTH BENEFITS - FEB 2023 361784 2/1/2023 310.00 SAINZ RETIREE HEALTH BENEFITS - FEB 2023 361785 2/1/2023 300.00 SANCHEZ RETIREE HEALTH BENEFITS - FEB 2023 361786 2/1/2023 330.00 SERVATIUS RETIREE HEALTH BENEFITS - FEB 2023 361787 2/1/2023 340.00 SHEPHARD RETIREE HEALTH BENEFITS - FEB 2023 361788 2/1/2023 440.00 SHOEMAKER RETIREE HEALTH BENEFITS - FEB 2023 361789 2/1/2023 480.00 SILVA RETIREE HEALTH BENEFITS - FEB 2023 361790 2/1/2023 580.00 SMITH RETIREE HEALTH BENEFITS - FEB 2023 361791 2/1/2023 320.00 SMITH RETIREE HEALTH BENEFITS - FEB 2023 361792 2/1/2023 560.00 STEWART RETIREE HEALTH BENEFITS - FEB 2023 361793 2/1/2023 200.00 TIPTON RETIREE HEALTH BENEFITS - FEB 2023 361794 2/1/2023 250.00 UNGAB RETIREE HEALTH BENEFITS - FEB 2023 361795 2/1/2023 600.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - FEB 2023 361796 2/1/2023 480.0 0 VILLARIASA RETIREE HEALTH BENEFITS - FEB 2023 361797 2/1/2023 480.0 0 WHITE RETIREE HEALTH BENEFITS - FEB 2023 361798 2/1/2023 230.00 WILKINS RETIREE HEALTH BENEFITS - FEB 2023 361799 2/1/2023 520.00 YBARRA RETIREE HEALTH BENEFITS - FEB 2023 361800 2/1/2023 220.00 RETIREEHEALTH BENEFITS 28,685.00
ACE UNIFORMS & ACCESSORIES INC WRK-FP62BK-36X30-BLK:FP62BKDUAL / FIRE 361801 2/2/2023 2,472.65 ADAMOS CRISIS - INTERVENTION DISPATCHER COURSE 361802 2/2/2023 359. 91 AEP CALIFORNIA LLC MAGNETIC MICROPHONE MOUNT BP 361803 2/2/2023 2,4 10.35 ALDEMCO FOOD / NUTRITION CENTER 361804 2/2/2023 2,134.77 ALL FRESH PRODUCTS CONSUMABLES AS NEEDED FOR NUTRITION 361805 2/2/ 2023 1,039.95 AMAZON DELL LAPTOP CHARGER 361806 2/2/2023 33.63
AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361807 2/2/2023 15,19 7.33 BAUER COMPRESSORS 10158407, G1 RFID READER/WRITER - FIRE 361808 2/ 2/2023 887.00 BIBLIOTHECA LLC SELF-CHECK 500D DESKTOP KIOSK, 361809 2/2/2023 21,1 23.67 BRINK'S INCORPORATED TRANSPORTATION BILLING PERIOD 01/01/23 3618 10 2/2/2023 391.76 CAHA 2022-2023 ANNUAL CAHA MEMBERSHIP RENEWAL 361811 2/2/2023 900.0 0 CORODATA RECORDS CORODATA - FILE STORAGE 361812 2/2/2023 52.90 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - OCTOBER 2022 36181 3 2/2/2023 7,119.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361814 2/2/2023 87 .19 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 36181 5 2/2/2023 36.00 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY23 -PW/EQUIPM 361 816 2/2/2023 4,401.55 2/4Page 316 of 563

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 31
2/2/2023
DELIVERY CONCEPTS INC 50290 LATCH BODY ONLY SS2 KEY#200R 361817 2/ 2/2023 319.30 DELTA DENTAL INSURANCE CO FEBRUARY 2023 GRP #05-7029600000 361818 2/2/2023 2,093.41 DELTA DENTAL INSURANCE CO FEBRUARY 2023 - GRP #05-7029600002 3618 19 2/2/2023 57.11 DELTA DENTAL OF CALIFORNIA FEBRUARY 2023 GRP #05-0908600000 36182 0 2/2/2023 14,088.25 DELTA DENTAL OF CALIFORNIA FEBRUARY 2023 - GRP #05-0908601002 361 821 2/2/2023 45.22 DEPASCALE SHERMAN BLOCK SLI-4 - AARON DEPASCALE / PD 361822 2/2/20 23 296.66 EAGLE PAVING COMPANY INC CIP 22-19 NATIONAL CITY RESURFING 36182 3 2/2/2023 228,355.13 FASTSIGNS COMMUNICATIONS AND SIGNAGE SERVICES FY23 361824 2/2/2023 95.70 FIRE ETC FIRE SAFETY STATION BOOTS/FOOTWEAR 361825 2/2/2023 2,588.2 5 GRAINGER MOP 65179 GENERAL SUPPLIES- PW 361826 2/2/2023 671.84 HAMMER CONSTRUCTION CO REFUND T&A 90569 - ENG/PW 361827 2/2/2023 1 0,016.80 HEALTH NET GRP #N8239C - FEBRUATY 2023 361828 2/2/2023 1,734.92 HEALTH NET GRP #N8240A - FEBRUARY 2023 361829 2/2/2023 1,346.10 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 361830 2/2/2023 1,755.99 INTEGRATED TACTICAL CONCEPTS, TRAINING BASIC SWAT TRAINING BERNA L 361831 2/2/2023 1,700.00 KIMBALL MIDWEST TORQ "CB" * III 361832 2/2/2023 156.47
L N CURTIS & SONS 1 NH BUBBLE CUP 10/40 GPM NOZZLE 361833 2/2/202 3 450.41 LASER SAVER INC MOP #45725, LS PREMIUM CF287A BLK TONER/ 361834 2/ 2/2023 369.59 LUNT 2023 CAPPO CONFERENCE REIMBURSEMENT 361835 2/2/2023 1,452.87 MAINTEX INC CITYWIDE JANITORIAL SUPPLIES 361836 2/2/2023 2,883.62 MEGLA MANUFACTURING INC MAINTENANCE MATERIALS FY23- PW/FACILITIE S 361837 2/2/2023 485.00 MORRISON TRAVEL EXPENSES REIMB 361838 2/2/2023 1,170.98 NATIONAL CITY CHAMBER ECONOMIC DEVELOPMENT 361839 2/2/2023 405.00 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 361840 2/2/2023 995.00 NATIONAL CITY TROPHY MOP#66556 - ENGRAVE FOR TROPHY 361841 2/2/202 3 9.24 NATIONAL CREDIT REPORTING SEPTEMBER 2022 FEE FOR CRIMINAL REPORT 361842 2/2/2023 230.20 NV5 INC CIP 21-15 MLK COMMUNITY CENTER REMODEL- 361843 2/2/2023 17, 076.25 PACIFIC REFRIGERATION INC REFRIGERATOR MOTOR MAINTENANCE- PW 3618 44 2/2/2023 1,613.85 PERRY ELECTRIC CIP 23-82 FURNISH/INSTALL CHRISTMAS LIGHTS 361845 2 /2/2023 23,000.00 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 361846 2/2/2023 1, 543.05 PROFESSIONAL SEARCH GROUP LLC TEAM STAFF-DANIEL GONZALEZ WEEK EN DING 1 361847 2/2/2023 6,004.00 PROJECT PROFESSIONALS CORP CIP 23-81 PROFESSIONAL SERVICES - ENG /PW 361848 2/2/2023 100,147.50 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES FOR NUTRITION STAFF 36 1849 2/2/2023 316.59 R & R CONTROLS, INC CITYWIDE ON-SITE ENVIRONMENTAL CONTROL 361850 2/2/2023 5,125.00 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS 361851 2/2/202 3 2,439.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 361852 2/2/2023 35,9 47.59 SDG&E ELECTRIC BILL 361853 2/2/2023 4,193.82
SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361854 2/2/2023 641.70 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 361 856 2/2/2023 90.92 SMART SOURCE OF CALIFORNIA LLC WINDOW ENVELOPES WITH RETURN ADD RESS 361857 2/2/2023 924.30 SOUTHWEST SIGNAL SERVICE 81974 81975 81976 MARKOUT REPORTS- PW/S T 361858 2/2/2023 15,382.53 STANICH TRAINING ADV LDG SUB 361859 2/2/2023 586.32
STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES/ HOUSING 361 860 2/2/2023 1,885.49 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES 361861 2/2/20 23 50.77 STC TRAFFIC GENERAL PROFESSIONAL SERVICES 361862 2/2/2023 20,282.50 SULLIVAN STRATEGIC AND SUCCESSION PLANNING -PD 361863 2/2/2023 181. 79 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY23 -NOV-JAN 3618 64 2/2/2023 370.97 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361865 2/2/2023 2,229.4 2 3/4Page 317 of 563

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 31
2/2/2023
TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST 361866 2 /2/2023 166.00 THE NELROD COMPANY HCV APP.BRIFING TRAINING / SECTION 8 361867 2/2 /2023 714.00 THE STAR NEWS PUBLIC NOTICING - STAR NEWS 361868 2/2/2023 520.18 TRANS-LANG CITY COUNCIL MTG. TRANSLATION SERVICES 361869 2/2/2023 1 ,963.50 TRI-GROUP CONSTRUCTION AND DEV CIP 19-33 PARADISE CREEK EDUC PAR K EXTENSION 361870 2/2/2023 137,034.53 TSI INCORPORATED PORTACOUNT MODEL WITH TABLET / FIRE 361871 2/2/20 23 13,125.27 TURF STAR INC PARKS EQUIPMENT- PW/PAKRS MAINTENANCE FY 361872 2/2/ 2023 521.25 WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES FY 361873 2/2/2023 2,221.83 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 361874 2 /2/2023 887.96 WOODRUFF, SPRADLIN & SMART APC RSWA REIMBURSEMENTS TO WSS FOR RS WA 361875 2/2/2023 149.67 WSP USA INC FOCUSED GENERAL PLAN UPDATE 361876 2/2/2023 31,306.96 SWEETWATER AUTHORITY WATER BILL FROM 9/9/2022-11/9/2022 361877 2/2 /2023 767.63 A/P Total 819,202.86

WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM FY23 REPLACEMENT CHGS FOR CITY OF N C 40502 2/1/2023 46,033.80 AMAZON AMAZON/MEMORY LAB GRANT/SUPPLIES/FY23 78933 1/31/2023 222.49 AMAZON AMAZON/MEMORY LAB GRANT/SUPPLIES/FY23 90882 1/30/2023 212.74 AMAZON AMAZON/MEMORY LAB GRANT/SUPPLIES/FY23 96210 1/30/2023 326.24 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 12/27/2022 - 01/09/2 023 230201 2/1/2023 276,052.63 SECTION 8 HAPS Start Date End Date
1/25/2023 2/2/2023 1,125,167.77
GRAND TOTAL 2,267,218.53$
4/4Page 318 of 563

AGENDA REPORT

Department: Administrative Services - Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #32 for the period of 2/03/23 through 2/09/23 in the amount of $2,310,853.39

RECOMMENDATION:

Ratify Warrants Totaling $2,310,853.39

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, attached are the payments issued for the period 2/03/23 – 2/09/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
City of Chula Vista 361894 $97,926.00 Animal Shelter Fees / Police Health Net Inc 361912 $93,730.80 Grp #R1192A February 2023 Kaiser Foundation HP 361916 $220,012.97 Group No. 104220 – March 2023 Public Emp Ret System 230203 $282,591.19 Service Period 1/10/23 – 1/23/23 Adminsure Inc 370824 $129,078.96 WC Replenishment – January 2023

FINANCIAL STATEMENT:

Warrant total $2,310,853.39

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Not Applicable

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBIT:

Warrant Register No. 32

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS PANTS / NSD 361878 2/9 /2023 183.18 ACME SAFETY & SUPPLY CORP SAFETY CONE FY23 -PW/STREETS 361879 2/9/ 2023 483.50 ALDEMCO FOOD / NUTRITION CENTER 361880 2/9/2023 2,414.25 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 361881 2/9/2023 1,026.95 AMAZON MORNING SOCIALS FOR SENIORS ARTS & CRAFT 361882 2/9/2023 506 .48 ASSI SECURITY INC PROVIDE SECURITY SERVICES AND REPAIRS 361883 2/9 /2023 450.00 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361884 2/9/2023 193.0 3 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 361885 2/9/2023 91.17 AZTEC APPLIANCE INC ULTRA LARGE CAPACITY UNIT FY23-PW/FACILITIES 361886 2/9/2023 968.67 BENNETT BOWEN & LIGHTHOUSE INC MOP 83599 SAFETY SUPPLIES- PW 3618 87 2/9/2023 462.87 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL- PW 361888 2/9/2023 3,5 31.64 C A P F FEBRUARY 2023 - FIRE LTD 361889 2/9/2023 1,091.50 CAL UNIFORMS INC POLOS FOR CNT 361890 2/9/2023 1,085.03 CALIFORNIA LAW ENFORCEMENT FEBRUARY 2023 - PD LTD 361891 2/9/2023 2 ,295.00 CEPA OPERATIONS INC FUME HOOD CERTIFICATION 361892 2/9/2023 250.00 CHIEF LEADERSHIP TRAINING TUITION CHIEF LEADERSHP / PD 361893 2/9/ 2023 1,500.00 CITY OF CHULA VISTA ANIMAL SHELTER FEES / POLICE 361894 2/9/2023 97 ,926.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 361895 2/9/2023 3,098.00 COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 361896 2/9/2023 8,037.00 COUNTY OF SAN DIEGO MAIL POSTAGE BILLING 361897 2/9/2023 4,937.59 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY23 361898 2/9/2023 71 1.27 COZZINI BROS., INC. KNIFE/DELI SLICER/CAN OPENER SHARPENING 36189 9 2/9/2023 36.00 CYRACOM INTERNATIONAL, INC TRANSLATION SERVICE 361900 2/9/2023 71.5 0 D PREP L L C TRAINING TUITION CN TEAM LEADERSHIP 361901 2/9/2023 24 9.00 DEPT OF JUSTICE DOJ FINGERPRINTING 361902 2/9/2023 262.00 FIRE ETC ESS MODEL 740-0284 STRIKETEAM 361903 2/9/2023 543.75 FLEET SERVICES INC MOP 67804 AUTO SUPPLIES- PW 361904 2/9/2023 124. 31 FLORES JR LICENSE REIMBURSEMENT 361905 2/9/2023 85.00
GRAINGER MOP 65179 GENERAL SUPPLIES- PW 361906 2/9/2023 474.36 GRIDIRON REAL ESTATE TRAINING TUITION FTO KALANCDY 361907 2/9/2023 500.00 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT PURCHASES 36 1908 2/9/2023 587.25 HARRIS EDUCATION REIMBURSEMENT 361909 2/9/2023 692.42
HEALTH NET GRP. #N8239A - FEBRUARY 2023 361910 2/9/2023 1,447.07 HEALTH NET GRP # R1192R - FEBRUARY 2023 361911 2/9/2023 923.49 HEALTH NET INC GRP # R1192A - FEBRUARY 2023 361912 2/9/2023 93,730. 80 HEALTH NET INC GRP # LB439A - FEBRUARY 2023 361913 2/9/2023 3,875.2 8 HEALTH NET INC GRP. # LB439F - FEBRUARY 2023 361914 2/9/2023 774.98 HOME DEPOT CREDIT SERVICES 764666696952 3X25PVCGRN PLASTC PLTRY/ FIRE 361915 2/9/2023 192.70 KAISER FOUNDATION HEALTH PLAN GROUP NO. 104220 - MARCH 2023 3619 16 2/9/2023 220,012.97 KRONOS INC ANNUAL MAINTENANCE AND LICENSING FOR PD 361917 2/9/2023 62.37 LASER SAVER INC PRINTER CONSUMABLES 361918 2/9/2023 612.06 LEAGUE OF CALIFORNIA CITIES 2023 MEMBERSHIP 361919 2/9/2023 21,485. 00 MAN K9 INC MONTHLY TRAINING 361920 2/9/2023 1,376.00
MASON'S SAW MOP 45729 EQUIPMENT SUPPLY AND REPAIR- 361921 2/9/20 23 828.50 MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL SERVICES/ CAO 361922 2/9 /2023 8,800.00 MOSSY NISSAN CITY VEHICLE REPAIR FY23 -PW/EQUIPMENT 361923 2/9/20 23 3,462.08 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL FY23 -PW/FAC 3 61924 2/9/2023 825.00 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES- PW 361925 2/9/2023 52.20 WARRANT REGISTER # 32
2/9/2023
1/3Page 320 of 563

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 32
2/9/2023
PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 361926 2/9/2023 6 0.98 PENSKE FORD R&M CITY VEHICLES FY23 -PW/EQUIPMENT 361927 2/9/2023 1, 003.62 POWERSTRIDE BATTERY CO INC MOP 67839 GENERAL SUPPLIES- PW 361928 2 /9/2023 197.90 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 361929 2/9/2023 1, 447.36 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES- PW 361930 2/ 9/2023 956.71 RED WING SHOES STORE WORK BOOTS FY23- PW/STREETS 361931 2/9/2023 78 4.86 RELIANCE STANDARD FEBRUARY 2023 - GRP VAI826233 VCI801146 361932 2 /9/2023 3,831.98 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS AND OTHER FY 23 361933 2/9/2023 2,649.00 SAN DIEGO POLICE EQUIPMENT RAMIREZ VEST 361934 2/9/2023 836.29 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 361935 2/9/2023 123.0 4 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 361936 2/9/2023 1,064. 07 SEECLICKFIX INC SEECLICKFIX LICENSING FROM 3/9/23 361937 2/9/2023 19,311.55 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y23 361938 2/9/2023 1,704.74 SIMSUSHARE SIMSUSHARE CTC CUSTOM /FIRE 361939 2/9/2023 1,195.00 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 361 940 2/9/2023 483.61 SMART SOURCE OF CALIFORNIA LLC BUSINESS CARD -500 /FIRE 361941 2/9 /2023 179.66 SMART SOURCE OF CALIFORNIA LLC MOP 24302 PRINTING PD 361942 2/9/20 23 195.16 SPOK INC SPOK METROCALL PAGING FY23 361943 2/9/2023 17.62 STAPLES BUSINESS ADVANTAGE STAPLES MOP OFFICE SUPPLIES/HED 361944 2/9/2023 162.77 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2023 36194 5 2/9/2023 9,791.24 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 361946 2/9/2023 3,348.3 7 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES- PW 361947 2/9/202 3 491.18 THE COUNSELING TEAM PEER SUPPORT 361948 2/9/2023 800.00 THE COUNSELING TEAM INTERNATIONAL EMPLOYEE SUPPORT SVCS: 12/22=2 PEOPLE/FIRE 361949 2/9/2023 425.00 THE LINCOLN NATIONAL LIFE INS GRP #415491 - FEBRUARY 2023 361950 2 /9/2023 8,984.29 T'S & SIGNS SAFETY APPAREL FY23- PW/PARKS 361951 2/9/2023 240.34 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES- PW 361 952 2/9/2023 1,138.59 VCA EMERGENCY ANIMAL HOSPITAL STRAY ANIMAL CARE 361953 2/9/2023 189 .77 VECTOR SOLUTIONS TARGET SOLUTIONS MEMBERSHIP /FIRE 361954 2/9/2023 3,515.00 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY23 361955 2/9/202 3 10,625.14 VERIZON WIRELESS VERIZON TOWER DUMP 361956 2/9/2023 50.00 VISION SERVICE PLAN JANUARY 2023 - VISION SERVICE PLAN (CA) 36195 7 2/9/2023 880.67 VISTA PAINT MOP 68834 GENERAL SUPPLIES- PW 361958 2/9/2023 5,858.84 VORTEX INDUSTRIES INC CITYWIDE ON-SITE SERVICE & REPAIRS FY23 36 1959 2/9/2023 14,899.28 WEST PAYMENT CENTER INVESTIGATIVE SERVICES 361960 2/9/2023 659.00 WETMORES MOP 80333 AUTO SUPPLIES- PW 361961 2/9/2023 243.70 WHITE CAP, LP SAFETY EQUIPMENT FY23 -PW/STREETS 361962 2/9/2023 494 .57 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 361963 2 /9/2023 718.57 WRIGHT KITCHEN SUPPLIES FOR CATERING 361964 2/9/2023 206.55 A/P Total 593,095.24

WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM DELINQUENT PAYROLL FEE 3211 2/9/2023 2 00.00 ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY23 JAN 101518 2/8/20 23 44,389.68 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 01/10/2023 - 01/23/2 023 230203 2/3/2023 282,591.19 U S BANK TRAINING CREDIT CARD 267760 2/9/2023 11,605.36 U S BANK SOUTH BAY EXPRESSWAY 8LNN295 267760 2/9/2023 5.50 ADMINSURE INC WORKERS' COMP REPLENISHMENT - JAN 2023 370824 2/6/20 23 129,078.96 2/3Page 321 of 563

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 32
2/9/2023

PAYROLL
Pay period Start Date End Date Check Date
4 1/24/2023 2/6/2023 2/15/2023 1,249,887.46

GRAND TOTAL 2 ,310,853.39
3/3Page 322 of 563

AGENDA REPORT

Department: Housing Authority
Prepared by: Angelita Palma, Housing Programs Manager Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing No. 1 of 2 HUD 2023 -2024 Annual Action Plan and the allocation of HUD Entitlement Grant Funds to the CDBG and HOME Program activities.

RECOMMENDATION:

Conduct the Public Hearing and approve recommendations for the CDBG and HOME funding allocations from the sources identified in the Financial Statement.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Overview | The U.S. Department of Housing and Urban Development (HUD) provides annual grants on a formula basis to entitlement cities and counties, including the City of National City for its Community Planning and Development Programs (CPD). The City of National Cit y (City) receives Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program funds on an annual basis. The primary statutory objectives of the CDBG Program are to develop viable urban communities by providing decent housing, a suitable living environment, and by expanding economic opportunities, principally for low and moderate-income persons. The intent of the HOME Program is to expand the supply of decent, safe, sanitary, and affordable housing.

The 2020-2024 Consolidated Plan is the framework for the HUD CDBG and HOME entitlement programs. The Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. An overview of the Consolidated Plan's goals and priorities is attached to this staff report (Exhibit “B”). In addition, the entire Consolidated Plan and program information can be found at www.nationalcityca.gov/cdbg-home.

Funding Availability | For fiscal y ear (FY) 2023 -2024, HUD program year 2023 the City will receive $718,540 in CDBG entitlement funds. Of that amount, 20% of the CDBG allocation is reserved for administration and mandatory fair housing requirements. The remainder will fund the Section 108 d ebt service payment. The Section 108 loan payment has increased each year, which means fewer dollars have been allocated to public services, facilities, and infrastructure projects. The final Section 108 loan payment will be made in FY 2023-2024 for $613,470.

HOME entitlement funds are $409,716 for FY 2023 -2024. Of that amount, 15% is set aside for Community Housing Development Organizations (CHDO). Another 10% of the HOME allocation is reserved for administration. The remaining amount will be set aside f or an affordable housing activity.

In addition to the entitlement funds discussed above, $393,222 in HOME funds from program income will be reallocated to HOME activities (Exhibit “A”).

Notice of Funding | The City Council was notified of the 2023 -2024 Action Plan development process and Notice of Funding Availability (NOFA) was made available to interested parties on February 14, 2023.

Funding Recommendations/Annual Action Plan Approval | Project and Program funding recommendations for the CDBG and HOME entitlement grant funds and program income will be presented at the first public hearing held on March 21, 2023. A second Public Hearing will be conducted on May 2, 2023, to review public c omments received during a 30 -day public review period (March 31 through May 1, 2023) of the draft 2023-2024 Annual Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Plan and the CDBG and HOME Program activities being proposed. After all public comments have been considered at the Public Hearing on May 2, 2023, the City Council will adopt the 2023-2024 Action Plan and proposed CDBG and HOME Program funding recommendations.

HUD Review | Upon receipt of the 2023-2024 Action Plan, HUD has 45 days to review and accept it (see Exhibit “B” for timeline). The Plan specifically details the City’s utilization of its CDBG and HOME program funds.

FINANCIAL STATEMENT:

The City will receive $718,540 in CDBG and $409,716 in HOME Program funds for FY 2023 - 2024. In addition, the City will reprogram to FY 2023 -2024 $393,222 in HOME program income received.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

Published in The Star News, on City Website and Posted on Bulletin Boards at City Hall.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - 2023-2024 Action Plan Funding Recommendations Exhibit B - Explanation
Exhibit C - Public Notice
Exhibit D - Presentation

718,540.00$ 409,716.00$
-$ 393,222.34$
718,540.00$ 802,938.34$
Proposed Amount FY23-
24 613,470.00$
Proposed Amount FY23-
24 65,070.00$
40,000.00$
718,540.00$
Proposed Amount FY23-
24 $ 400,600.00
260,587.11$
$ 61,457.40
Proposed Amount FY23-
24 80,293.83$
802,938.34$
60,102.15$ National City Housing Authority set-aside for a Community Housing Development Organization CHDO Set-Aside Affordable Housing Activities Set-Aside
HOME Investments Partnership(HOME) Program
Project Funds
SBCS Corporation $ - Tenant Based Rental Assistance (TBRA) National City Housing Authority 428,658.91$
710,043.00$ CDBG TOTAL:

Awarded Amount FY
22-23 Program NameApplicant Name
Applicant Name

Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) Annual Action Plan
Funding Recommendations for HUD Program Year 2023
City Fiscal Year 2023-2024
Community Development Block Grant (CDBG) Program
Applicant Name
CSA San Diego County 26,171.00$
HOME Entitlement:

HOME Program Income:

Total HOME funds available:

CDBG Entitlement:

CDBG Program Income:

Total CDBG funds available:

Awarded Amount FY
22-23
588,861.25$
Awarded Amount FY
22-23
Fair Housing & Tenant Landlord Services
Program Name
Fire Station 34 - Section 108 (Final) Loan Payment
Program Name
Planning and Administration Funds Available
National City Fire Department
National City Housing Authority 95,010.00$ CDBG Program Administration Non-Public Service Funds Available
543,067.84$
Planning and Administration
Applicant Name Awarded Amount FY
22-23
National City Housing Authority HOME Program Administration HOME TOTAL:
54,306.78$
Program Name

Exhibit “B”

CONDUCT THE PUBLIC HEARING AND APPROVE RECOMMENDATIONS FOR THE CDBG

AND HOME FUNDING ALLOCATIONS FROM THE SOURCES IDENTIFIED IN THE FINANCIAL STATEMENT.

SUPPLEMENTAL EXPLANATION
2023-2024 CDBG/HOME PROGRAMS ANNUAL ACTION PLAN TIMELINE Date Action
February 14
CDBG/HOME Notice of funding available to
city departments and grant funding
applications available for distribution.

January – March Drafting of the 2023-2024 Action Plan
February 28 Application submission deadline for
CDBG/HOME FY 2023-2024 funding
March Application Review Period
March 10 – March 20
10-day Notice of Public Review Period and
Notice of Public Hearing for the Draft
2023-2024 Action Plan
March 21
Public Hearing No.1 on the 2023-2024 Action
Plan and applicant funding recommendations
to the City Council
March 31 – May 1
30-day Notice of Public Review Period and
Notice of Public Hearing for the Draft 2023-
2024 Action Plan
May 2 Virtual Public Hearing No.2 (Final) to approve
the Draft 2023-2024 Action Plan
May 15 Submission of the FY 2023-2024 Action Plan
to HUD
May Application Award Notification
June – July
Begin contract negotiations with selected
CDBG/HOME subrecipients and initiate
environmental reviews
July 1 Beginning of Program Year
All dates listed herein are tentative and are subject to change. Therefore, persons relying on this Schedule must contact the National City Housing Authority by email at [email protected] to confirm dates for each event listed above.

Exhibit “B”

Public Noticing | Public participation is an essential part of the development of the Annual Action Plan. All noticing for this process which sets forth the City’s policies and procedures for public participation is described in the Citizen and Community Participation Plan per City Council Resolution 2020-84 and can be found at www.nationalcityca.gov/cdbg-home.

Eligible Applicants | In consideration of funding availability described above and stated in CDBG Program Guidelines posted online at www.nationalcityca.gov/cdbg-home, the Housing Authorit y solicited the CDBG application to non -profit fair housing service providers. Qualified agencies were invited to apply for funding to address the City and Consolidated Plan priorities. Agencies considered for funding should already provide a similar service and appear to be capable of deploying the service following the City’s program guidelines and HUD rules and regulations found at 24 CFR Part 570 and 24 CFR Part 92.

Application Review Process | Submitted applications are first determined to be eligible under CDBG and HOME rules and regulations, Consolidated Plan goals and priorities, and were further evaluated based on the following criteria:
• Demonstrated organizational or community need
• Experience with administering CDBG/HOME or federal grant funds • Organization's capacity, experience with projects of similar type • Budget and value of proposed work and deliverables for dollars invested • Quality of the approach, clarity, rationale, and feasibility

CONSOLIDATED PLAN GOALS:

The 2020-2024 Consolidated Plan is the framework for the U.S. Department of Housing and Urban Development’s (HUD) Community Development Block Grant (CDBG) and HOME Investment Partnerships (HOME) Program entitlement programs. The Pl an outlines the City's housing and non - housing community development needs and priorities over five years.

1. Goal: Provide Decent and Affordable Housing
 Priority: Conserve and Improve Existing Affordable Housing o Assistance to aid in the rehabilitation of single-family and multi-family housing units. o Acquisition, with or without rehabilitation, of multi-family projects. o Conservation of affordable housing at risk of converting to market-rate housing.  Priority: Provide Homeownership Assistance
o Assistance to low-moderate income households to achieve homeownership o Assistance to developers for the acquisition and re-sale of housing units to low- moderate income homebuyers.
 Priority: Assist in the Development of Affordable Housing o Assistance to developers in the development of affordable housing, including acquisition, land assemblage, construction, conversion, purchase of affordability covenants, or other mechanisms.

2. Goal: Provide Community Facilities and Infrastructure  Priority: Provide for Community Facilities and Infrastructure o Provide for new and improve existing community facilities and infrastructure. These may include, but are not limited to: parks and recreation facilities; fire equipment;

Exhibit “B”

facilities prioritized on the City’s ADA Transition Plan; community facilities; and public streets, sidewalks, curbs, and rights-of-way.
o Repayment of Fire Station 34 Section 108 loan. Assess the need for and (when determined to be warranted) pursue section 108 loans for large-scale public improvement and revitalization projects.

3. Goal: Provide Community and Supportive Services
 Priority: Provide Community and Supportive Services
o Provide for a variety of community and supportive services, with special emphasis on crime awareness and prevention programs such as code enforcement, services for the homeless, seniors, at-risk youth, the disabled, and other persons with special needs.

4. Goal: Support Initiatives that Reduce Homelessness
 Priority: Support Initiatives that Reduce Homelessness o Tenant-based rental assistance that targets families that are homeless or housing insecure, and families experiencing domestic violence.
o Participate in the San Diego County Regional Task Force on the Homeless (RTFH) and South Bay Homeless Alliance to assess needs and coordinate efforts to address needs.

5. Goal: Promote Equal Housing Opportunity
 Priority: Promote Equal Housing Opportunity
o Promote fair housing services provided by the City’s fair housing services provider. o Comply with fair housing planning requirements (as identified in the Analysis of Impediments to Fair Housing Choice).

6. Goal: Planning and Administration
 Priority: Planning and Administration
o Invest in the planning and administration of the CDBG and HOME programs.

This space was left intentionally blank

PUBLIC NOTICE | CITY OF NATIONAL CITY
Exhibit C

FIRST PUBLIC HEARING FOR THE DRAFT FISCAL YEAR 2023-2024

ANNUAL ACTION PLAN

In accordance with the federal regulations at 24 CFR, Part 91, the City of National City (City) is required to prepare and submit an Annual Action Plan for its Housing and Community Development Entitlement Programs funded by the U.S. Department of Housing and Urban Development (HUD). The 2020 -2024 Consolidated Plan outlines the City's housing and non -housing community development needs and priorities over five years. The Annual Action Plan (Action Plan), 2023 -2024, outlines how the City intends to spend an estimated $718,540 in federal Community Development Block Grant (CDBG) and $409,716 in federal HOME Investment Partnerships (HOME) Program entitlement funds. In addition to the funding sources noted above, the City anticipates allocating $393,222 in program income earned from the previous year's HOME activities to fund activities listed under the proposed Action Plan.

Notice is hereby given that the City Council of the City of National City will hold the first of two Public Hearings on Tuesday, March 21, 2023, at 6:00 p.m at City Hall located at 1243 National City Boulevard in National City and online www.nationalcityca.gov/webcast. The purpose of the Public Hearing is to provide an opportunity for public comment on the recommendations made to the City Council for funding of the CDBG and HOME Program activities and 2023 -2024 draft Action Plan. Public participation is an essential part of the development of the Action Plan. Interested persons and community groups are invited to provide public comment (details below) and review the draft Action Plan on the City’s website www.nationalcityca.gov/cdbg-home. A hardcopy of the Plan is available at the National City Housing Authority (140 E. 12th Street, National City).

A second Public Hearing will be conducted at the regularly scheduled City Council meeting on May 2, 2023, to review public comments received during a 30-day public review period (March 31 through May 1, 2023) of the draft 2023-2024 Action Plan; and to provide interested persons and community groups with one last opportunity to share their thoughts regarding the Action Plan and the CDBG and HOME Program activities being proposed.

After all public comments have been considered at the Public Hearing on May 2, 2023, the City Council will adopt the 2023-2024 Action Plan and proposed CDBG and HOME Program funding recommendations. The Action Plan will then be submitted to HUD for review and acceptance.

Public comment may be submitted prior to the meeting in writing by email at [email protected]; please provide the agenda item number or title of the item in the subject line of the email. All email comments received at least 2 hours prior to the City Council Meeting will allow time for distribution to the City Council. All public comments or testimony are limited to three (3) minutes and may be reduced to accommodate a large number of speakers. Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk prior to the meeting or immediately following the announcement of the item.

Any person with a disability who requires a modification or accommodation in order t o participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting.

Hearing-impaired persons, please use the CAL Relay Service Number 711. Spanish Interpretation Services: Sp anish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
City of National City
March 3, 2023

Exhibit C

AVISO PÚBLICO | CIUDAD DE NATIONAL CITY

PRIMERA AUDIENCIA PÚBLICA PARA EL PLAN DE ACCIÓN ANUAL PARA EL AÑO FISCAL 2023-2024

De acuerdo con las regulaciones federales en 24 CFR, Parte 91, la Ciudad de National City (Ciudad) debe preparar y presentar un Plan de Acción Anual para sus Programas de Vivienda y Desarrollo Comunitario financiados por el Departamento de Vivienda y Desar rollo Urbano de los Estados Unidos (HUD). El Plan Consolidado 2020 -2024 describe las necesidades y prioridades de desarrollo comunitario de vivienda y no vivienda de la Ciudad durante cinco años. El Plan de Acción Anual (Plan de Acción) para el Año Fiscal 2023-2024 describe cómo la Ciudad tiene la intención de gastar $718,540 federales en bloque de desarrollo comunitario (CDBG) y aproximadamente $409,716 en fondos federales del Programa home Investment Partnerships (HOME). Además de las fuentes de financiamiento mencionadas anteriormente, la Cuidad asignar $393,222 en los ingresos del programa obtenidos de las actividades HOME de años anteriores para financiar las actividades enumeradas en el Plan de Acción propuesto.

Por la presente se notifica que el Concejo Municipal de la Ciudad de National City llevará a cabo la primera de dos Audiencias Públicas el martes 21 de marzo de 2023 a las 6:00 p. m. en el Ayuntamiento ubicado en 1243 National City Boulevard en National Ci ty y en línea www.nationalcityca.gov/webcast. El propósito de la Audiencia Pública es brindar una oportunidad para comentarios públicos sobre las recomendaciones hechas al Concejo Municipal para la financiación de las actividades del programa CDBG y HOME y el borrador del Plan de Acción 2023-2024. La participación pública es una parte esencial del desarrollo del Plan de Acción. Las personas interesadas y los grupos comunitarios están invitados a proporcionar comentarios públicos (detalles a continuación) y revisar el borrador del Plan de Acción en el sitio web de la Ciudad www.nationalcityca.gov/cdbg-home. Una copia impresa del Plan está dispo nible en la Autoridad de Vivienda de National City (140 E. 12th Street, National City).

Se llevará a cabo una segunda audiencia pública en la reunión del Concejo Municipal programada regularmente el 2 de mayo de 2023 para revisar los comentarios públicos recibidos durante un período de revisión pública de 30 días (del 31 de marzo al 1 de mayo de 2023) del borrador del Plan de Acción 2023-2024 ; y brindar a las personas interesadas ya los grupos comunitarios una última oportunidad para compartir sus pensamientos sobre el Plan de Acción y las actividades propuestas por CDBG y el Programa HOME. Después de que todos los comentarios públicos hayan sido considerados en la Audiencia Pública del 2 de mayo de 2023, el Concejo Municipal adoptará el Plan de Acción 2023 -2024 y las recomendaciones de financiación propuestas por CDBG y el Programa HOME. Luego, el Plan de Acción se enviará a HUD para su revisión y aceptación.

Los c omentarios públicos pueden enviarse antes de la reunión por escrito por correo electrónico a [email protected]; proporcione el número de tema de la agenda o el título del tema en la línea de asunto del correo electrónico. Todos los comentarios por correo electrónico recibidos al menos 2 horas antes de la reunión del Concejo Municipal darán tiempo para su distribución al Concejo Municipal. Todos los comentarios o testimonios públicos están limitados a tres (3) minutos y pueden reducirse para dar cabida a un gran número de oradores. Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios Públicos. Aquellos que deseen hablar sobre los temas de la agenda pueden hacerlo cuando se esté considerando el tema. Envíe una boleta de orador al secretario municipal antes de la reunión o inmediatamente después del anuncio del tema.

Cualquier persona con una dis capacidad que requiera una modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario Municipal (619) 336 -4228 al menos 24 horas antes de la reunión. Las personas con problemas de audición deben usar e l número de servicio de retransmisión de CAL 711. Servicios de interpretación en español: los servicios de interpretación en español están disponibles, comuníquese con el secretario municipal antes del comienzo de la reunión para obtener ayuda. Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
Ciudad de National City
marzo 3, 2023

Exhibit C

PAUNAWA SA PUBLIKO | LUNGSOD NG NATIONAL CITY

UNANG PUBLIC HEARING PARA SA DRAFT FISCAL YEAR 2023-2024

TAUNANG ACTION PLAN

Alinsunod sa mga pederal na regulasyon sa 24 CFR, Part 91, ang Lungsod ng National City (Lungsod) ay inaatasan na maghanda at magsumite ng Taunang Action Plan para sa Housing and Community Development Entitlement Programs nito na pinondohan ng U.S. Department of Housing and Urban Development (HUD). Ang 2020 -2024 Consolidated Plan ay nagbabalangkas sa pabahay at hindi pabahay na mga pangangailangan sa pagpapaunlad ng komunidad at mga priyoridad sa loob ng limang taon. Ang Taunang Action Plan (Action Plan), 2023 -2024, ay nagbabalangkas kung paano nilalayon ng Lungsod na gumastos ng tinatayang $718,540 sa pederal na Community Development Block Grant (CDBG) at $409,716 sa pederal na HOME Investment Partnerships (HOME) na mga pondo para sa karapatan sa Programa. Bilang karagdagan sa mga pinagmumulan ng pagpopondo na binanggit sa itaas, inaasahan ng Lungsod ang paglalaan ng $393,222 sa kita ng programa na kinita mula sa mga aktibidad sa HOME noong nakaraang taon upang pondohan ang mga aktibidad na nakalista sa ilalim ng iminungkahing Action Plan.

Ang abiso ay ibinibigay dito na ang Konseho ng Lungsod ng National City ay magsasagawa ng una sa dalawang Public Hearing sa Martes, Marso 21, 2023, sa ganap na 6:00 p.m. sa City Hall na matatagpuan sa 1243 National City Boulevard sa National City at online www.nationalcityca.gov/webcast. Ang layunin ng Public Hearing ay magbigay ng pagkakataon para sa pampublikong komento sa mga rekomendasyong ginawa sa Konseho ng Lungsod para sa pagpopondo sa mga aktibidad ng CDBG at HOME Program at 2023-2024 draft na Action Plan. Ang pakikilahok ng publiko ay isang mahalagang bahagi ng pagbuo ng Action Plan. Ang mga interesadong tao at grupo ng komunidad ay iniimbitahan na magbigay ng pampublikong komento (mga detalye sa ibaba) at suriin ang draft na Action Plan sa website ng Lungsod na www.nationalcityca.gov/cdbg- home. Ang hardcopy ng Action Plan ay makukuha sa National City Housing Authority (140 E. 12th Street, National City).

Ang pangalawang Public Hearing ay isasagawa sa re gular na nakaiskedyul na Pagpupulong ng Konseho ng Lungsod sa Mayo 2, 2023, upang suriin ang mga pampublikong komento na natanggap sa loob ng 30-araw na panahon ng pampublikong pagsusuri (Marso 31 hanggang Mayo 1, 2023) ng draft na 2023 -2024 Action Plan; at upang bigyan ang mga interesadong tao at mga grupo ng komunidad ng huling pagkakataon na ibahagi ang kanilang mga saloobin tungkol sa Action Plan at mga aktibidad ng CDBG at HOME Program na iminumungkahi. Matapos isaalang -alang ang lahat ng pampublikong komento sa Public Hearing sa Mayo 2, 2023, ang Konseho ng Lungsod ay magpapatibay sa 2023-2024 Action Plan at mga iminungkahing rekomendasyon sa pagpopondo ng CDBG at HOME Program. Pagkatapos ay isusumite ang Action Plan sa HUD para sa pagsusuri at pagtanggap.

Maaaring isumite ang pampublikong komento bago ang pagpupulong sa pamamagitan ng sulat sa pamamagitan ng email sa [email protected]; mangyaring ibigay ang numero ng item ng agenda o pamagat ng item sa linya ng paksa ng email. Ang lahat ng komento sa email na natanggap nang hindi bababa sa 2 oras bago ang Pagpupulong ng Konseho ng Lungsod ay magbibigay ng oras para sa pamamahagi sa Kon seho ng Lungsod. Ang lahat ng pampublikong komento o testimonya ay limitado sa tatlong (3) minuto at maaaring bawasan upang mapaunlakan ang malaking bilang ng mga tagapagsalita. Ang mga taong gustong humarap sa Konseho ng Lungsod sa mga bagay na wala sa agenda ay maaaring gawin ito sa ilalim ng Mga Pampublikong Komento. Ang mga nagnanais na magsalita sa mga item sa agenda ay maaaring gawin ito kapag ang item ay itinuturing na. Mangyaring magsumite ng Speaker’s Slip sa Klerk ng Lungsod bago ang pagpupulong o kaagad pagkatapos ng anunsyo ng item.

Ang sinumang taong may kapansanan na nangangailangan ng pagbabago o akomodasyon upang makasali sa isang pagpupulong ay dapat idirekta ang naturang kahilingan sa Opisina ng Klerk ng Lungsod (619) 336-4228 nang hindi bababa sa 24 na oras bago ang pagpupulong. Mga taong may kapansanan sa pandinig, mangyaring gamitin ang CAL Relay Service Number 711. Mga Serbisyo sa Interpretasyon ng Espanyol: Available ang mga Serbisyo sa Interpretasyon ng Espanyol, mangyaring makipag-ugnayan sa Klerk ng Lungsod bago magsimula ang pagpupulong para sa tulong.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
Lungsod ng National City, Marso 3, 2023

CDBG Funding Recommendations
March 21, 2023Public Hearing No. 1 of 2 for the FY 23-24 HUD Action Plan & Funding Recommendations1 Community Development Block Grant (CDBG) Program
Non-Public Service Funds Available
Applicant Name Program Name Proposed Amount
FY23-24
Awarded Amount
FY 22-23
National City Fire Department Fire Station 34 – Section 108 Loan (Final) Payment $ 613,470.00 $ 588,861.25 Planning and Administration Funds Available
Applicant Name Program Name Proposed Amount
FY23-24
Awarded Amount
FY 22-23
National City Housing Authority CDBG Program Administration $ 65,070.00 $ 95,010.00 CSA San Diego County Fair Housing & Tenant Landlord Services $ 40,000.00 $ 26,171.00 CDBG TOTAL: $ 718,540.00 $ 710,043.00 HUD CDBG Entitlement FY 2023-2024 - $718,540.00

HOME Funding Recommendations
March 21, 2023Public Hearing No. 1 of 2 for the FY 23-24 HUD Action Plan & Funding Recommendations2 HOME Investments Partnership(HOME) Program
Project Funds
Applicant Name Program Name Proposed Amount
FY23-24
Awarded Amount
FY 22-23
SBCS Corporation Tenant Based Rental Assistance (TBRA) $ 400,600.00 $ - National City Housing Authority Affordable Housing Activites Set-Aside $ 260,587.11 $ 428,658.91 National City Housing Authority set-aside for a
Community Housing Development Organization CHDO Set-Aside $ 61,457.40 $ 60,102.15 Planning and Administration
Applicant Name Program Name Proposed Amount
FY23-24
Awarded Amount
FY 22-23
National City Housing Authority HOME Program Administration $ 80,293.83 $ 54,306.78 HOME TOTAL: $ 802,938.34 $ 543,067.84 HOME Entitlement FY 2023-2024: $ 409,716.00
HOME Program Income: $ 393,222.34
Total HUD HOME Funds Available: $ 802,938.34

AGENDA REPORT

Department: Housing Authority
Prepared by: Angelita Palma, Housing Programs Manager Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Public Hearing and Resolution of the Substantial Amendment to the 2021 -2022 Annual Action Plan for the HUD Draft HOME-ARP Allocation Plan.

RECOMMENDATION:

Approve the Resolution titled, “Resolution of t he City Council of The City o f Natio nal City, California, Adopting the U.S Department of Housing and Urban Development (HUD) Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft HOME Investment Partnerships Program-American Rescue Plan (HOME-ARP) Allocation Plan and the allocation of $1,188,787 in grant funds proposed for affordable rental housing and planning and administration.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Overview | The Substantial Amendment to the 2021 -2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan establishes the programs and activities to be undertaken using HOME-ARP funds beginning July 1, 2022, and ending September 30, 2030. The City anticipates receiving $1,188,797 in HOME-ARP funds for the program period.

HOME-ARP funding will assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations to reduce homelessness and increase housing stability. Staff recommends funding the development of affordable rental housing for all qualifying populations as defined by the HOME-ARP Program rules since HOME-ARP funds are not eligible for homeownership.

Draft Home -ARP Allocation Plan | A hardcopy of the draft HOME -ARP Allocation Plan is available at the City of National City Housing Authority (140 E. 12 th Street, National City) during normal hours of operation. The document is also available to the public on the City of National City website CDBG and HOME webpage at www.nationalcityca.gov/cdbg-home.

Available Funding | The City has been allocated $1,188,797 of HOME-American Rescue Plan Act (HOME-ARP) funding from the US Department of Housing and Urban Development (HUD).

HUD’s CPD Notice 21 -10 Requirements for the Use of Funds in the HOME -American Rescue Plan Program establishes the requirements for funds appropriated under section 3205 of the American Rescue Plan Act of 2021 for the HOME Investment Partnerships Program (HOME).

Funding Recommendations & Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan
Activity Funding Amount Percent of
Allocation
Statutory
Limit
Affordable Rental Housing $1,010,478 85%
Administration and Planning $178,319 15 % 15%
Total HOME-ARP Allocation $1,188,797

HOME-ARP Housing Production Goals | The City of National City plans to develop rental housing units with the funds allocated by this Draft HOME-ARP Allocation Plan. There will be five to ten low-income affordable rental units as a stand-alone project or, to promote inclusion, as part of a mixed-income housing project.

The City may give local preference to all qualifying populations from National City per Resolution 2016-38. The preference and selection of qualifying populations would be in compliance with all applicable fair housing, civil rights, and nondiscrimination requirements, including but not limited to those requirements listed in 24 CFR 5.105(a) when applying preferences through its referral methods. Persons who are eligible for a preference must have the opportunity to participate in all HOME-ARP activities in which they are eligible under this CPD Notice-21-10, including activities that are not separate or different and cannot be excluded because of any protected characteristics or preferential status.

Final Submission Deadline | Per HUD CPD -22-13, the final deadline of March 31, 2023 , has been issued for the submission of all HOME-ARP Allocation Plan.

Failure to submit a HOME -ARP Allocation Plan on or before the final submission deadline of March 31, 2023, will r esult in the automatic loss of a participating jurisdiction’s HOME -ARP allocation. Therefore, if a participating jurisdiction fails to meet the March 31, 2023, deadline, all of the participating jurisdiction’s HOME-ARP funds will be subject to automatic recapture by HUD without opportunity for a hearing.

Upon receipt of the Substantial Amendment to the 2021 -2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan, HUD has 45 days to review and accept the Action Plan.

FINANCIAL STATEMENT:

The City has been allocated $1,188,797 of HOME-ARP funding from HUD.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Housing and Community Development

ENVIRONMENTAL REVIEW:

This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

Published in The Star News, on City Website and Posted on Bulletin Boards at City Hall.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A - Background
Exhibit B - Public Notices
Exhibit C - Presentation
Exhibit D - Resolution

Exhibit “A”

APPROVE THE RESOLUTION TITLED, “RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) SUBSTANTIAL AMENDMENT TO THE 2021 -2022 ANNUAL

ACTION PLAN FOR THE DRAFT HOME INVESTMENT PARTNERSHIPS PROGRAM -

AMERICAN RESCUE PLAN (HOME-ARP) ALLOCATION PLAN AND THE ALLOCATION OF $1,188,787 IN GRANT FUNDS PROPOSED FOR AFFORDABLE RENTAL HOUSING AND PLANNING AND ADMINISTRATION.”

Qualifying Populations | The American Rescue Plan Act (ARP) defines qualifying individuals or families, including Veterans, that are:

1. Homeless, as defined in section 103(a) of the McKinney-Vento Homeless Assistance Act;

2. At risk of homelessness, as defined in section 401 of the McKinney -Vento Homeless Assistance Act;

3. Fleeing or attempting to flee domestic violence, dating violence, sexual assault, or stalking (as defined by HUD in 24 CFR 5.2003) or human trafficking (as outlined in the Trafficking Victims Protection Act of 2000 as amended [22 USC 7102]); and

4. Part of other populations, where providing supportive services or assistance under section 212(a) of the National Affordable Housing Act 42 USC 12472(a) would:
a. Prevent a family’s homelessness;
b. Serve those with the greatest risk of housing instability.

Eligible Uses of Funds | HOME-ARP funds may be used to benefit qualifying populations through:

1. Tenant-based Rental Assistance (TBRA);

2. Development and support of affordable housing;

3. Provision of supportive services;

4. Acquisition and development of non-congregate shelter;

5. Nonprofit capacity building and operating assistance; and

6. Program planning and administration.

Public Hearing | Funding recommendations for the Substantial Amendment to the 2021 -2022 Annual Action Plan for the Draft HOME -ARP Allocation Plan will be presented at the public hearing held on March 21, 2023, in conjunction with the City Council meeting. The public hearing notice was posted inside and outside of City Hall and published in the Star News and City website.

The public hearing notice was translated and posted in English, Spanish, and Tagalog.

Public Noticing Details | Public participation is an essential part of the development of the Draft HOME-ARP Allocation Plan. All noticing for this process which sets forth the City’s policies and procedures for citizen participation, is described in the Citizen and Community Participation Plan per City Council Resolution 2020 -84 and can be found at www.nationalcityca.gov/cdg-home.

Additionally, HUD provided a waiver for the public comment period, allowing for a 15 -day public comment period. The advertisement for the public comment period was made in English, Spanish, and Tagalog.

Exhibit “A”

Service Provider Consultation | The City of National City consulted with representatives from multiple agencies, groups, and organizations involved in the development of affordable housing, addressing homelessness, and the provision of services to qualifying populations in preparing this HOME-ARP Allocation Plan.

The City’s virtual consultation session was attended by 21 representatives of 13 agencies.

The survey was completed by nine representatives of nine agencies. All HUD -required agency types and qualifying populations were represented in either the virtual session or the online survey. Additional information on the Service Provider Consultation conducted is provided in the HOME-ARP Allocation Plan.

Income Qualifications | Eligible qualifying populations of HOME-ARP funds must be at or below 80% of the Area Median Income (AMI).

San Diego County Income Limits
Effective April 18, 2022
FAMILY
SIZE
30% of
AMI
Extremely
Low
Income
50% of
AMI
80% of
AMI
120% of
AMI
Moderate
Income
Very Low
Income
Low
Income
1 27,350 45,550 72,900 89,800
2 31,250 52,050 83,300 102,650
3 35,150 58,550 93,700 115,450
4 39,050 65,050 104,100 128,300
5 42,200 70,300 112,450 138,550
6 45,300 75,500 120,800 148,850
7 48,450 80,700 129,100 159,100
8 51,550 85,900 137,450 169,350

This space was intentionally left blank.

Exhibit B

PUBLIC NOTICE | CITY OF NATIONAL CITY

15 DAY PUBLIC REVIEW PERIOD AND FINAL PUBLIC HEARING

FOR THE DRAFT HOME-ARP ALLOCATION PLAN

Notice is hereby given by the City of National City that a draft Substantial Amendment to the 2021-2022 Annual Action Plan for HOME-ARP Allocation Plan has been prepared. The draft HOME-ARP Allocation Plan outlines how the City plans to spend $1,188,797 in HOME Investment Partnerships American Rescue Plan (HOME-ARP) Program funds on activities that will assist individuals or households who are homeless, at risk of homelessness, and other vulnerable populations to reduce homelessness and increase housing stability. The City of National City has prepared the Draft HOME-ARP Allocation Plan in accordance with U.S. Department of Housing and Urban Development (HUD) requirements to prepare and submit an Allocation Plan as a condition of receiving the allocation of HOME-ARP funds.

In order to obtain the views of residents, public agencies, and other interested parties, the City of National City has the draft HOME -ARP Allocation Plan online www.nationalcityca.gov/cdbg-home for a 15 -day public review period beginning March 6, 2023. A hardcopy of the draft HOME -ARP Allocation Plan is available at the City of National City Housing Authority (140 E. 12th Street, National City) during normal hours of operation.

A Public Hearing will be conducted at the regularly scheduled City Council mee ting on March 21, 2023, at 6pm, to review public comments received during a 15-day public review period (March 6 through March 21, 2023) on the draft HOME-ARP Allocation Plan. This public hearing will also provide interested persons and community groups with one last opportunity to share their thoughts regarding the HOME -ARP Allocation Plan being proposed. After all public comments have been considered at the Public Hearing on March 21, 2023, the City Council will adopt the HOME-ARP Allocation Plan and proposed funding allocations. The HOME-ARP Allocation Plan will then be submitted to HUD for review and acceptance.

Public participation is encouraged in a number of ways as described below. Members of the public may attend the City Council Meeting in person, watch the City Council Meeting via live web stream at www.nationalcityca.gov/webcast.

Recording of Meetings are archived and available for viewing on the City’s website.

Public comment may be submitted prior to the meeting in writing by email at [email protected]; please provide the agenda item number or title of the item in the subject line of the email. All email comments received at least 2 hours prior to the City Council Meeting will allow time for distribution to the City Council. All public comments or testimony are limited to three (3) minutes and may be reduced to accommodate a large number of speakers.

Persons wishing to address the City Council on matters not on the agenda may do so under Public Comments. Those wishing to speak on items on the agenda may do so when the item is being considered. Please submit a Speaker’s Slip to the City Clerk prior to the meeting or immediately following the announcement of the item.

Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336 -4228 at least 24 hours in advance of the meeting. Hearing - impaired persons, please use the CAL Relay Service Number 711. Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
City of National City
March 3, 2023

Exhibit B

AVISO PÚBLICO | CIUDAD DE NATIONAL CITY

PERÍODO DE REVISIÓN PÚBLICA DE 15 DÍAS Y AUDIENCIA PÚBLICA FINAL PARA EL BORRADOR DEL PLAN DE ASIGNACIÓN DE HOME-ARP

Por la presente, la Ciudad de National City notifica que se ha preparado un borrador de Enmienda Sustancial al Plan de Acción Anual 2021-2022 para el Plan de Asignación de HOME-ARP. El borrador del Plan de Asignación HOME-ARP describe cómo la Ciudad planea gastar $1,188,797 en fondos del Programa HOME Investment Partnerships American Rescue Plan (HOME-ARP) en actividades que ayudarán a las personas u hogares sin hogar, en riesgo de quedarse sin hogar y otras poblacione s vulnerables para reducir la falta de vivienda y aumentar la estabilidad de la vivienda. La Ciudad de National City ha preparado el Borrador del Plan de Asignación HOME -ARP de acuerdo con los requisitos del Departamento de Vivienda y Desarrollo Urbano (HUD) de EE. UU. para preparar y presentar un Plan de Asignación como condición para recibir la asignación de fondos HOME-ARP.

Para obtener las opiniones de los residentes, las agencias públicas y otras partes interesadas, la ciudad de National City tiene en línea el borrador del Plan de Asignación HOME-ARP www.nationalcityca.gov/cdbg-home para un período de revisión pública de 15 días a partir de marzo El 6 de enero de 2023. Una copia impresa del borrador del Plan de Asignación de HOME-ARP está disponible en la Autoridad de Vivienda de la Ciudad de National City (140 E. 12th Street, National City) durante el horario normal de funcionamiento.

Se llevará a cabo una audiencia pública en la reunión del Concejo Municipal programada regularmente el 21 de marzo de 2023 a las 6:00 p. m., para revisar los comentarios públicos recibidos durante un período de revisió n pública de 15 días (del 6 de marzo al 21 de marzo de 2023) sobre el borrador de HOME -ARP. Plan de Asignación. Esta audiencia pública también brindará a las personas interesadas y grupos comunitarios una última oportunidad para compartir sus opiniones sobre el Plan de Asignación de HOME-ARP que se propone. Después de que se hayan considerado todos los comentarios públicos en la audiencia pública del 21 de marzo de 2023, el Concejo Municipal adoptará el Plan de Asignación de HOME-ARP y las asignaciones de fondos propuestas. El Plan de Asignación de HOME -ARP luego se enviará a HUD para su revisión y aceptación.

Se alienta la participación pública de varias maneras, como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Conc ejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo en www.nationalcityca.gov/webcast. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Los comentarios públicos pueden enviarse antes de la reunión por escrito por correo electrónico a [email protected]; proporcione el número de tema de la agenda o el título del tema en la línea de asunto del correo electrónico. Todos los comentarios por correo electrónico recibidos al menos 2 horas antes de la reunión del Concejo Municipal darán tiempo para su distribución al Conce jo Municipal. Todos los comentarios o testimonios públicos están limitados a tres (3) minutos y pueden reducirse para dar cabida a un gran número de oradores.

Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios Públicos. Aquellos que deseen hablar sobre los temas de la agenda pueden hacerlo cuando se esté considerando el tema. Envíe una boleta de orador al secretario municipal antes de la reunión o inmediatamente después del anuncio del tema.

Cualquier persona con una discapacidad que requiera una modificación o adaptación para participar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario Municipal (619) 336-4228 al menos 24 horas antes de la reunión.

Las personas con problemas de audición deben usar el número de servicio de retransmisión de CAL 711. Servicios de interpretación en español: los servicios de interpretación en español están disponibles, comuníquese con el secretario municipal antes del comienzo de la reunión para obtener ayuda.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
City of National City
Marzo 3, 2023 Page 340 of 563
Exhibit B

PAUNAWA SA PUBLIKO | LUNGSOD NG NATIONAL CITY

15 ARAW NA PANAHON NG PAMPUBLIKONG PAGSUSURI AT HULING PUBLIC HEARING PARA SA

DRAFT NG HOME-ARP ALLOCATION PLAN

Ang abiso ay ibinibigay ng Lungsod ng National City na ang draft ng Substantial Amendment sa 2021 -2022 Taunang Action Plan para sa HOME-ARP Allocation Plan ay inihanda. Binabalangkas ng draft ng HOME-ARP Allocation Plan kung paano nagpaplano ang Lungsod na gumastos ng $1,188,797 sa mga pondo ng HOME Investment Partnerships American Rescue Plan (HOME -ARP) Program sa mga aktibidad na tutulong sa mga indibidwal o sambahayan na walang tirahan, nasa panganib ng kawalan ng tirahan, at iba pang mahihina ang loob na populasyon upang mabawasan ang kawalan ng tirahan at mapataas ang katatagan ng pabahay. Inihanda ng Lungsod ng National City ang Draft HOME- ARP Allocation Plan alinsunod sa mga kinakailangan ng U.S. Department of Housing and Urban Development (HUD) upang maghanda at magsumite ng Allocation Plan bilang kondisyon ng pagtanggap ng alokasyon ng mga pondo ng HOME-ARP.

Upang makuha ang mga pananaw ng mga residente, pampublikong ahensya, at iba pang interesadong partido, ang Lungsod ng National City ay may draft na HOME -ARP Allocation Plan online www.nationalcityca.gov/cdbg-home para sa 15-araw na panahon ng pampublikong pagsusuri simula Marso 6, 2023. Ang hardcopy ng draft ng HOME-ARP Allocation Plan ay makukuha sa City of National City Housing Authority (140 E. 12th Street, National City) sa mga normal na oras ng operasyon.

Ang isang Public Hearing ay isasagawa sa regular na nakaiskedyul na Pagpupulong ng Konseho ng Lungsod sa Marso 21, 2023, sa ganap na 6:00 p.m. upang suriin ang mga pampublikong komento na natanggap sa loob ng 15 -araw na panahon ng pampublikong pagsusuri (Marso 6 hanggang Marso 21, 2023) sa draft ng HOME -ARP Allocation Plan.

Ang Public Hearing na ito ay magb ibigay din sa mga interesadong tao at mga grupo ng komunidad ng isang huling pagkakataon upang ibahagi ang kanilang mga saloobin tungkol sa HOME -ARP Allocation Plan na iminumungkahi.

Matapos isaalang-alang ang lahat ng pampublikong komento sa Public Hearin g noong Marso 21, 2023, ang Konseho ng Lungsod ay magpapatibay ng HOME-ARP Allocation Plan at mga iminungkahing paglalaan ng pondo. Ang HOME- ARP Allocation Plan ay isusumite sa HUD para sa pagsusuri at pagtanggap.

Ang pakikilahok ng publiko ay hinihikaya t sa maraming paraan tulad ng inilarawan sa ibaba. Maaaring dumalo nang personal ang mga miyembro ng publiko sa Pagpupulong ng Konseho ng Lungsod, panoorin ang Pagpupulong ng Konseho ng Lungsod sa pamamagitan ng live na web stream sa www.nationalcityca.gov/webcast. Ang recorded na mga pagpupulong ay naka-archive at puwedeng matingnan sa website ng Lungsod.

Maaaring isumite ang pampublikong komento bago ang pagpupulong sa pamamagit an ng sulat sa pamamagitan ng email sa [email protected]; mangyaring ibigay ang numero ng item ng agenda o pamagat ng item sa linya ng paksa ng email. Ang lahat ng komento sa email na natanggap nang hindi bababa sa 2 oras bago ang Pagpupulong ng Konseho ng Lunsod ay magbibigay ng oras para sa pamamahagi sa Konseho ng Lungsod. Ang lahat ng pampublikong komento o testimonya ay limitado sa tatlong (3) minuto at maaaring bawasan upang map aunlakan ang malaking bilang ng mga tagapagsalita. Ang mga taong gustong humarap sa Konseho ng Lungsod sa mga bagay na wala sa agenda ay maaaring gawin ito sa ilalim ng Mga Pampublikong Komento. Ang mga nagnanais na magsalita sa mga item sa agenda ay maaaring gawin ito kapag ang item ay itinuturing na. Mangyaring magsumite ang Speaker’s Slip sa Klerk ng Lungsod bago ang pagpupulong o kaagad pagkatapos ng anunsyo ng item.

Ang sinumang taong may kapansanan na nangangailangan ng pagbaba go o akomodasyon upang makasali sa isang pagpupulong ay dapat idirekta ang naturang kahilingan sa Opisina ng Klerk ng Lungsod (619) 336 -4228 nang hindi bababa sa 24 na oras bago ang pagpupulong. Mga taong may kapansanan sa pandinig, mangyaring gamitin ang CAL Relay Service Number 711. Spanish Interpretation Services: Available ang Spanish Interpretation Services, mangyaring makipag-ugnayan sa Klerk ng Lungsod bago magsimula ang pagpupulong para sa tulong.

Asistencia en Español: Para que le interpreten la información en español, llame al (619) 336-4391.

Carlos Aguirre, Housing Authority Director
Lungsod ng National City, Marso 3, 2023 Page 341 of 563

HOME-ARP
March 21, 2023Public Hearing for the FY 21-22 HOME-ARP Funding Recommendations1 Funding Recommendations & Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan Activity Funding Amount Percent of
Allocation Statutory Limit
Affordable Rental Housing $1,010,478 85%
Administration and Planning $178,319 15 % 15%
Total HOME-ARP Allocation $1,188,797
Qualifying Populations | The American Rescue Plan Act (ARP) defines qualifying individuals or families, including Veterans, that are:

1. Homeless;

2. At risk of homelessness;

3. Fleeing or attempting to flee domestic violence, dating violence, sexual assault, or stalking or human trafficking; and

4. Part of other populations, where providing supportive services or assistance would:
a. Prevent a family’s homelessness;
b. Serve those with the greatest risk of housing instability.

Funding Recommendation | Staff proposes to develop rental housing units with the funds allocated by this plan. • Five (5) to 10 low-income affordable rental units
• Developed as a stand-alone project or, to promote inclusion, as part of a mixed-income housing project • Option to give local preference to all qualifying populations from National City per Resolution 2016-38.

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADOPTING THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) SUBSTANTIAL AMENDMENT TO THE 2021-2022 ANNUAL ACTION PLAN FOR THE DRAFT

HOME INVESTMENT PARTNERSHIPS PROGRAM -AMERICAN RESCUE PLAN (HOME - ARP) ALLOCATION PLAN AND THE ALLOCATION OF $1,188,787 IN GRANT FUNDS

PROPOSED FOR AFFORDABLE RENTAL HOUSING A ND PLANNING AND

ADMINISTRATION

WHEREAS, on March 11, 2021, President Biden signed ARP into law, which provides over $1.9 trillion in relief to address the continued impact of the COVID -19 pandemic on the economy, public health, State and local governments, individuals, and businesses; and

WHEREAS, to address the need for homelessness assistance and supportive services, Congress appropriated $5 billion in American Rescue Plan (ARP) funds to be administered through HOME Investment Partnerships Program (HOME-ARP) to perform four activities that must primarily benefit qualifying individuals and families who are homeless, at risk of homelessness, or in other vulnerable populations; and

WHEREAS, on April 8, 2021, HUD allocated HOME -ARP funds to 651 grantees using the HOME formula established by 24 CFR 92.50 and 92.60; and

WHEREAS, HOME-ARP requires that funds be used to primarily benefit individuals and families in specified “qualifying populations;” and

WHEREAS, “qualifying populations” is defined as 1 ) homeless, as defined in section 103(a) of the McKinne y-Vento Homeless Assistan ce Act, 2) at risk of homelessness, as defined in section 401 of the McKinne y-Vento Homeless Assistance Act, 3) fleeing or attempting to flee domestic violence, dating violence, sexual assault, or stalking (as defined by HUD in 24 CFR 5.2003) or human trafficking (as outlined in the Trafficking Victims Protection Act of 2000 as amended [22 USC 7102]), and 4) part of other populations, where providing supportive services or assistance under section 212(a) of the National Affordable Housing Act 42 USC 12472(a) would prevent a family’s homelessness and serve those with the greatest risk of housing instability; and

WHEREAS, per the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit a Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft Home-ARP Allocation Plan; and

WHEREAS, HUD provided a waiver for the public comment period, allowing for a 15-day public comment period; and

WHEREAS, the City Council conducted a Public Hearing on March 6, 2023, and on March 21, 2023, to receive input from the public; and

WHEREAS, the public hearing notice was advertised in English, Spanish, and Tagalog; and

WHEREAS, the City will incorporate public comments received for the Substantial Amendment to the 2021 -2022 Annual Action Plan for the Draft HOME - ARP Allocation Plan; and

WHEREAS, HUD has notified the City of its entitlement allocation of $1,188,797 in HOME-ARP funds to be appropriated to the 2021-2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan; and

WHEREAS, HOME-ARP funds will be appropriated to affordable rental housing in the amount of $1,010,478 and administration and planning activities in the amount of $178,319.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: City Council authorizes the Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan and HUD entitlement funds in the amount of $1,188,797 HOME-ARP to be appropriated for affordable rental housing in the amount of $1,010,478 and administration and planning activitie s in the amount of $178,319.

Section 2: City Council authorizes the submission of the Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft HOME -ARP Allocation Plan for the expenditure of said funds from HUD.

Section 3: City Council authorizes the City Manager or his designee to execute the final submission of the Substantial Amendment to the 2021-2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan, to modify and execute any and all appropriate instruments, agreements, contracts, and implementing documents related to the implementation and administration of the proposed Substantial Amendment to the 2021- 2022 Annual Action Plan for the Draft HOME-ARP Allocation Plan to fully implement the activities funded under said Plan, including subrecipient grant contracts and agreements, based on HUD’s appropriation to the City.

Section 4: City Council authorizes the City Manager or his designee to execute budget adjustments as necessary to reflect the funding allocations in the HOME-ARP Allocation Plan.

Section 5: The City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolution.

PASSED and ADOPTED this 21st day of March, 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, MMC
Interim City Clerk

APPROVED AS TO FORM:

__
Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, March 21, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Consideration of the findings of the Balanced Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program (MMRP).

RECOMMENDATION:

Adopt the Resolution of the City Council of the City of National City, California, Accepting the Findings of the Balanced Plan Environmental Impact Report and Adopting by Reference the Mitigation Monitoring and Reporting Program.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission accepted the EIR findings and adopted the MMRP.

EXPLANATION:

Executive Summary
The City of National City (City), in conjunction with the San Diego Unified Port District (District), GB Capital Holdings (GB Capital), and Pasha Automotive Services (Pasha) have been working together to propose a mixed -use recreational and maritime industrial project that includes both landside and waterside development components on approximately 58 landside acres and 19 waterside acres in the City’s waterfront area. This project is collectively referred to as the “Balanced Plan” and is intended to be mutually beneficial to the region and is geographically located within the jurisdictional boundaries of the City and the District . The LCPA includes changes to the text and updated maps to reflect adoption of the Balanced Plan. The Planning Commission recommended approval of the Amendment to the City Council.

California Environmental Quality Act (CEQA)
In November 2022 the Distri ct, acting as the CEQA lead agency, certified the Balanced Plan Environmental Impact Report (EIR), which reflected several land use changes within the Port Master Plan as well as the City’s Balanced Plan. Pursuant to CEQA, the City is considered a “Responsible Agency”. As Responsible Agency, the City must only consider the environmental effects of a project that they are required by law to approve or carry out. The 2022 EIR considered environmental factors including traffic, air quality and other environm ental issues that were relevant to the City’s portion of the Balanced Plan. Because the City is now amending the Land Use Plan portion of its LCP to reflect the approval of the Balanced Plan it must also consider the findings contained in the Final EIR produced by the District.

In reviewing the CEQA findings, the City Council will need to decide if the significant impacts associated with the environmental issues related to biological resources, air quality and health risk, cultural, tribal cultural and paleontological resources, greenhouse gases and climate change, hazards and hazardous materials, land use, noise and transportation circulation and parking have been fully mitigated to below a level of significance. The EIR identifies specific mitigation measures, virtually all of which would be relevant upon construction of the Bayshore Bikeway and the eventual development of the parcels that were rezoned to Tourist Commercial. The Mitigation Monitoring and Reporting Program (MMRP) for the EIR outlines the specific mitigation measures, mitigation timing, methods for monitoring, and reporting and responsible parties. The CEQA findings of fact and the MMRP are included as Exhibits A and B with the Resolution accepting the EIR Findings and adopting the MMRP (Attachment 1).

Lastly, the City Council must determine whether any alternative other than the proposed Balanced Plan project might meet the key objectives of the project while reducing its environmental impacts.

The EIR considered a number of alternatives, but only two alternatives were related to the City’s portion of the Balanced Plan. The alternatives considered and their respective conclusions were as follows:

 No Project/No Development Alternative – This would eliminate environmental impacts and was rejected as all project objectives would not be met.  Reduced Development Alternative (Environmentally Superior Alternative). This alternative would have reduced the hotel development in the City owned parcels to three stories and 75 total rooms. While it would have reduced to a limited degree the environmental impacts compared to the proposed Balanced Plan project, it would have generated less transient occupancy, property and sales tax and would have rendered the project economically infeasible. Hence, the Reduced Development Alternative has been rejected.

Summary
The proposed Balanced Plan project will provide additional commercial opportunities for the City and the San Diego County region and generate revenue for the City through transient occupancy, sales and property tax. Further it will increase visitor-serving uses, public access and recreational activity in the City’s waterfront. The project will produce new full and part time jobs and will help meet the City’s revenue generation needs for the General Fund, which funds essential services throughout the City.

FINANCIAL STATEMENT:

There is no budgetary impact at this time, but as described in the summary above, the project will have a positive impact in future years.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Balanced Budget and Economic Development

ENVIRONMENTAL REVIEW:

This is a project under CEQA and requires full environmental review and the preparation of an environmental impact report. CCR 15362.

PUBLIC NOTIFICATION:

Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act.

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – CEQA Findings of Fact
Exhibit B - Consideration of the findings of the Balanced Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program (MMRP)
Exhibit C - Resolution

20xx-xxx
EXHIBIT “A”
Findings of Fact and Statement of Overriding Considerations (See attached.)

$77$&+0(17

THE BOARD OF PORT COMMISSIONERS
OF THE

SAN DIEGO UNIFIED PORT DISTRICT

FINDINGS OF FACT

FOR THE
National City Bayfront Projects & Plan
Amendments

FINAL ENVIRONMENTAL IMPACT REPORT
(UPD #EIR-2018-232; SCH #2018121054)

November 2022

i

TABLE OF CONTENTS
Page
INTRODUCTION ........................................................................................................... 1

1.0 PROJECT DESCRIPTION .................................................................................. 2

1.1 Project Overview ...................................................................................... 2

1.2 Project Location ....................................................................................... 4

1.3 Project Objectives .................................................................................... 5

2.0 ENVIRONMENTAL PROCEDURES ................................................................... 7

2.1 Lead Agency ............................................................................................ 7

2.2 Environmental Impact Report .................................................................. 8

2.3 Public Participation .................................................................................. 8

2.4 Record of Proceedings ............................................................................ 8

3.0 FINDINGS UNDER CEQA .................................................................................. 9

3.1 Purpose ................................................................................................... 9

3.2 Terminology ............................................................................................. 9

3.3 Legal Effect ............................................................................................ 11

3.4 Mitigation Monitoring and Reporting Program ........................................ 11

4.0 FINDINGS REGARDING POTENTIAL DIRECT AND INDIRECT SIGNIFICANT EFFECTS ......................................................................................................... 11

4.1 Aesthetics and Visual Resources .......................................................... 12

4.2 Air Quality and Health Risk .................................................................... 17

4.3 Biological Resources ............................................................................. 25

4.4 Cultural Resources, Tribal Cultural Resources, and Paleontological Resources .............................................................................................. 44

4.5 Energy ................................................................................................... 50

ii

4.6 Greenhouse Gas Emissions and Climate Change ................................. 54

4.7 Hazards and Hazardous Materials ......................................................... 72

4.8 Land Use and Planning.......................................................................... 82

4.9 Noise and Vibration ............................................................................... 86

4.10 Transportation, Circulation, and Parking ................................................ 98

4.11 Utilities and Service Systems ............................................................... 108

5.0 FINDINGS REGARDING CUMULATIVE SIGNIFICANT EFFECTS ................ 115

5.1 Air Quality and Health Risk .................................................................. 116

5.2 Greenhouse Gas Emissions and Climate Change ............................... 119

5.3 Noise and Vibration ............................................................................. 122

5.4 Transportation, Circulation, and Parking .............................................. 124

6.0 FINDINGS REGARDING PROJECT ALTERNATIVES ................................... 125

6.1 Alternative 1 – No Project Alternative .................................................. 128

6.2 Alternative 2 – No Waterside Development in Sweetwater Channel Alternative ............................................................................................ 129

6.3 Alternative 3 – GB Capital Component Phase 1 Only Alternative ........ 130

6.4 Alternative 4 – Reduced Development Intensity Alternative ................ 132

STATEMENT OF OVERRIDING CONSIDERATIONS .............................................. 135

FINDINGS OF FACT

FOR THE

NATIONAL CITY BAYFRONT PROJECTS & PLAN AMENDMENTS

FINAL ENVIRONMENTAL IMPACT REPORT
(UPD #EIR-2018-232; SCH #2018121054)

INTRODUCTION
The Board of Port Commissioners of the San Diego Unified Port D istrict (District) hereby makes the following Findings concerning the Final Enviro nmental Impact Report (UPD #EIR-2018-232; SCH #2018121054) for the National Ci ty Bayfront Projects and Plan Amendments (“proposed project”), pursuant to the California Environmental Quality Act, Public Resources Code §21000, et seq. (CEQA), and its implementing regulations, California Code of Regulations, T itle 14, §15000, et seq. (State CEQA Guidelines).

The Final Environmental Impact Report (EIR) prepared for the pr oposed project consists of the following:
x Volume 1 of the Final EIR is composed of the following:
{ Chapter 1 is an introduction to the Final EIR.
{ Chapter 2 contains an overview of the revisions made to the Draft EIR. { Chapter 3 contains comments received on the Draft EIR during th e public comment period and the District’s responses to those comments. { Chapter 4 contains references used in the Final EIR.
{ Attachment 1 to the Final EIR contains the Mitigation Monitorin g and Reporting Program (MMRP).
x Volume 2 of the Final EIR is a revised version of the Draft EI R, identifying changes in the text of the Draft EIR and other information adde d by the District in response to the public comments received during the public comment period.
x Volume 3 of the Final EIR consists of Appendices A through G o f the Final EIR. Appendix Da (Revised Draft Port Master Plan Amendment associated with Balanced Plan) was added to the Final EIR.
x Volume 4 of the Final EIR consists of Appendices H through J o f the Final EIR. Revisions were made to Appendix H (Marine Biological Resou rces Report) and Appendix J (Noise and Vibration Data and Calculatio ns).

Appendix Ia (Historic Property Survey Report) was added to the Final EIR. x Volume 5 of the Final EIR consists of Appendix K of the Final EIR. Revisions were made to Appendix K (Transportation Impact Analysis).

x Volume 6 of the Final EIR consists of Appendices L through N o f the Final EIR.

1.0 PROJECT DESCRIPTION

1.1 Project Overview
The District, City of National City (City), GB Capital Holdings (GB Capital), and Pasha Automotive Services (Pasha), as project applicants and pr oponents (collectively, project proponents), are proposing a project wit h both landside and waterside development components; an amendment to the District’ s Port Master Plan (PMP); amendments to the City’s Local Coastal Program (LCP ), General Plan, Harbor District Specific Area Plan (HDSAP), and Land Use Code (LUC) (Municipal Code Title 18 Zoning) (collectively “project” or “pr oposed project”) on approximately 77 acres, consisting of approximately 58 landside acres and 19 waterside acres (project site) within District and City jurisdiction in National City.

Specifically, the proposed project includes the following main components. x Changes to land and water use designations in the District’s P MP (National City Marina District Balanced Land Use Plan [Balanced Plan]). x Construction and operation of a recreational vehicle (RV) park , modular cabins, dry boat storage, an expanded marina, and up to four ho tels, primarily within the District’s jurisdiction (GB Capital Component). x Construction and operation of a rail connector track and stora ge track within the District’s jurisdiction (Pasha Rail Improvement Component). x Closure of Tidelands Avenue between Bay Marina Drive and 32nd Street, as well as West 28th Street between Tidelands Avenue and Quay Avenue, within the District’s and City’s jurisdictions and redesignation of the area to Marine-Related Industrial in the District’s PMP (Pasha Road Clo sures Component).
x Construction and operation of Segment 5 of the Bayshore Bikewa y within the District’s and City’s jurisdictions (Bayshore Bikeway Component). x Construction and operation of hotel, restaurant, retail, and/o r a combination of tourist/visitor-serving commercial development north of Bay Marina Drive within the City’s jurisdiction (City Program – Development Component). x PMP Amendment (PMPA) to clarify jurisdictional land use author ity, redesignate land uses, balance commercial and maritime uses, ad d appealable projects to the project list and change the Planning District accordingly (PMPA Component).
x Amendments to the City’s LCP, General Plan, HDSAP, and LUC tha t would include changes to jurisdictional boundaries; changes to subare a

boundaries; and changes to land use, specific plan, and zone designations (City Program – Plan Amendments Component).

The proposed Balanced Plan includes a PMPA and corresponding LC P amendment (LCPA) to correct jurisdictional land use maps and clarify the land use authority, redesignate land uses, and balance commercial and maritime uses. The Balanced Plan was created in response to a public planning proc ess to identify a reconfiguration of land uses to optimize recreational, maritime , and commercial uses within the National City Marina District, which is the are a generally north of Sweetwater Channel and west of the wildlife refuge (Paradise Ma rsh).

Implementation of the Balanced Plan would clearly delineate mar itime land use boundaries from potential recreational and commercial land use boundaries while allowing operational efficiencies, but not throughput, to incre ase at the National City Marine Terminal (NCMT) and maintaining sensitivity to the function and sustainability of the Paradise Marsh, as well as public access and recreation in an expanded Pepper Park. The Balanced Plan proposes to accomplish this through the reconfiguration of roadways, a new rail connection, reconfi guration of commercial recreation and maritime-related land uses, the expan sion of Pepper Park, and preservation of habitat buffers for the adjacent wildlife refuge.

The Balanced Plan, most of the GB Capital Component, the Pasha Rail Improvement Component, most of the Pasha Road Closures Componen t, and a portion of the Bayshore Bikeway Component are all within the Di strict’s jurisdictional boundaries. Consequently, changes proposed by these components would require a PMPA and are referred to collectively as the “P ort Master Plan Amendment Component” or “PMPA Component” and include:
x Incorporation of the Balanced Plan, most of the GB Capital Com ponent, the Pasha Rail Improvement Component, and the alignment of the Bays hore Bikeway into the PMP.
x Removal of the Street designation for the street closures asso ciated with the Pasha Road Closures Component and redesignation of these ar eas (with the exception of the area within the City’s jurisdiction) as Marine- Related Industrial.
x Addition of approximately 12.4 acres of the Balanced Plan, loc ated mostly on the GB Capital site east of the mean high tide line and owne d in fee by the District, into the PMP.
x Addition of appealable projects to the project list.

Most of the proposed Bayshore Bikeway Component and the entire proposed City Program – Development Component are within the City’s jurisdict ion.

Consequently, the City Program – Plan Amendments would consist of the following:

x Removal of approximately 12.4 acres of the Balanced Plan, loca ted mostly on the GB Capital site east of the mean high tide line and owne d in fee by the District, from the City’s General Plan, LCP, HDSAP, and LUC to reflect changes in land use and jurisdictional authority.
x Incorporation of seven parcels north of Bay Marina Drive and a djacent rights-of-way into the City’s HDSAP.

1.2 Project Location
The project site is located in the southwestern portion of Nati onal City, partially within the City’s existing jurisdiction, partially within the D istrict’s existing jurisdiction. The project area is generally bordered by Paradise Marsh (part of the San Diego Bay National Wildlife Refuge/Sweetwater Marsh Unit) t o the east, Sweetwater Channel to the south, NCMT and maritime uses to the west, and Civic Center Drive and commercial and industrial uses to the north.

Most of the project site is on land that is within the District ’s jurisdiction, and the District has regulatory duties and proprietary responsibilities over these portions of the project site. These portions of land have included leases since 1990 to Pasha for operation of an automotive import/export business at the ma rine terminal and leases since 2008 to GB Capital for operation of a recreational boat marina. In addition, Pepper Park and a portion of Sweetwater Channel (west of the mean high tide line) are part of the project site included within the District’s jurisdiction, and a portion of Sweetwater Channel (east of the mean high tide line) is part of the project site included within the City’s jurisdiction.

The proposed project consists of the following six components, which, while not all contiguous, total approximately 77 acres, and are in the follow ing general locations:
x The Balanced Plan is located within the District’s jurisdictio n and is a land use plan to reconfigure land and water uses within the approximately 60.9- acre area generally north of Sweetwater Channel, south of the N ational Distribution Center, east of NCMT, and west of Paradise Marsh. The Balanced Plan proposes to reconfigure areas that are designated f o r Park/Plaza, Commercial Recreation, Marine Terminal, Marine-Rela ted Industrial, Recreational Boat Berthing, and Street land uses in t h e P o r t Master Plan. The Balanced Plan also includes an expansion to Pe pper Park.
x The GB Capital Component includes the Pier 32 Marina and the undeveloped lot to the north of the marina, part of the Sweetwater Channel to the south of the marina, and two existing parking lots utili zed by Pasha, generally to the north and west of the marina. The GB Capital s ite is generally bounded by Sweetwater Channel to the south, Paradise Marsh to the east, the National Distribution Center facility to the north, and NCMT to the west. The GB Capital Component is proposed to be located ge nerally on the area identified for a Commercial Recreation land use in the Balanced

Plan, but also extends into the City’s jurisdiction, and outside the Balanced Plan boundaries, in the Sweetwater Channel. The landside portio ns of the GB Capital Component, as well as the existing marina, and most of the jetty are located within the District’s jurisdiction.
x The Pasha Rail Improvement Component, which is located within the District’s jurisdiction, would traverse the lot bounded on the north by existing railroad tracks and the National Distribution Center, on the ea st by Marina Way, on the south by 32nd Street, and on the west by Tidelands Avenue.

The Pasha Rail Improvement Component is proposed to be located in the area identified for a Marine Related Industrial land use in the Balanced Plan. x The Pasha Road Closures Component is located on Tidelands Aven ue, from south of Bay Marina Drive to 32nd Street, and West 28th St reet, between Quay Avenue and Tidelands Avenue. The Pasha Road Closur es Component is mostly located within District jurisdiction, and a portion (between Bay Marina Drive and the mean high tide line) is locat ed within City jurisdiction.
x The Bayshore Bikeway Component is generally located on a combi nation of existing roadways, including Bay Marina Drive, Marina Way (f ormerly Harrison Avenue), McKinley Avenue, and Civic Center Drive. Most of the Bayshore Bikeway Component is located within the City’s jurisdi ction, and the southernmost portion is located within District jurisdiction.

The City Program – Development Component is located within the City’s jurisdiction, north of Bay Marina Drive, generally bounded by West 23rd Street on the north, the Interstate (I-) 5 southbound off-ramp at Bay Marina Drive to the east, Bay Marina Drive to the south, and the BNSF Railway (BNSF) railroad tracks to the west (west of the i ntersection of Bay Marina Driv e and Marina Way).

1.3 Project Objectives
To achieve the purpose and need of the proposed project, the District has identified the following objectives in coordination with the City.

1. Further activate the project site by modifying the land uses and their configurations to foster the development of high-quality commercial and recreational uses to maximize employment opportunities, maximize recreational opportunities for visitors, maximize economic development opportunities, and to improve cargo and transportation efficiencies of maritime industrial uses associated with operations at NCMT.

2. Reconfigure maritime and commercial uses to balance the anti cipated future market demands for those uses, while also increasing public access on the project site.

3. Implement cohesive commercial development that is designed t o enhance enjoyment of the National City Marina District and surrounding City area, contribute to the area’s economic vitality, and generate economic revenue for the City including through increased Transient Occupancy Tax.

4. Increase park space and recreational opportunities to enhanc e the waterfront experience for all visitors and maximize opportunities to attract tourism to the City.

5. Reduce unnecessary train movements and reduce the required e ffort associated with building daily trains by improving near-terminal rail storage capacity and creating a more direct connection between the BNSF Railway National City Yard and the NCMT.

6. Offset the loss of existing land used for maritime operation s, as proposed in the Balanced Plan, by closing internal District streets (i.e., Tidelands Avenue and West 28th Street) adjacent to existing maritime operations to create contiguous space for maritime operations and configuring cargo operations at and adjacent to the NCMT to create cargo-handling efficiencies to reduce cargo movements.

7. Incorporate District properties into the PMP that are not cu rrently regulated by the PMP to ensure consistency with the California Coastal Act, Public Trust Doctrine, and Port Act.

8. Be consistent with the City’s environmental policies and the District’s Climate Action Plan, Clean Air Program, and Jurisdictional Runoff Management Program to ensure that the proposed project does not adversely affect the District’s or City’s ability to attain their respective long- range environmental and sustainability goals.1

10. Incorporate a land use pattern for the National City Marina District into the PMP that establishes habitat buffers and implements operational features to avoid land use and operational inconsistencies between commercial, recreational, open space, and maritime uses.

11. Integrate National City, art, culture, and history into the development of the proposed project.

12. Increase the connectivity of the Project area to the surrounding area and facilitate increased pedestrian activity and enjoyment of San Diego Bay for visitors.

1 Objective 9, expand aquaculture potential on District tideland s, was removed because GB Capital withdrew its request for aquaculture from the proposed project.

2.0 ENVIRONMENTAL PROCEDURES

2.1 Lead Agency
Pursuant to State CEQA Guidelines §15367, the District is the “ lead agency” because it has the principal res ponsibility for approving the p roposed project and the majority of the project site is within the District’s land use jurisdiction. As the CEQA lead agency, the District also has primary responsibility for conducting an environmental review pursuant to CEQA. The District determined that an EIR should be prepared to analyze the environmental effects of the proposed project, which will be used by the Board of Port Commissioners (Board) in connection with its discretionary decisions regarding the proposed project. The Board is also responsible for approval of the PMPA and Coastal Development Pe rmits (CDPs) and any real estate agreements for the project components withi n the District’s jurisdiction. If the Board approves the PMPA, the California Co astal Commission (CCC) will then consider whether t o certify the PMPA. The CCC, a s a C E Q A responsible agency as defined State CEQA Guidelines §15381, wou ld consider the EIR prior to making its decision whether to certify the PMP A. If the PMPA is fully certified by the CCC, the Board would consider approval of CDPs and leases for the project components within the District’s jurisdiction, allowing the proposed project within the District’s jurisdiction to proceed to construction.

The City is a responsible agency, as defined by State CEQA Guid elines §15381, and prior to reaching a decision on the proposed project, the C ity is required to consider the environmental effects generated from the project a s analyzed in the EIR. The City is required to adopt a mitigation monitoring and reporting program for those portions within the City’s discretionary authority. T he City’s approval is required for amendments to the City’s General Plan, LUC, LCP, a nd HDSAP and for authorization of issuance of CDP(s) for proposed project components within the City’s jurisdiction. Furthermore, the City’s approval is requir ed for the issuance of other discretionary permits (e.g., CDPs, conditional use permit ) and ministerial permits (e.g., grading, building, electrical). The CCC must approve the certification of, and final action by the City for amendments to the LCP, Gen eral Plan, LUC, and HDSAP which would occur post certification of the FEIR.

The California Department of Transportation (Caltrans) is also considered a responsible agency because approval from Caltrans would be required in order for GB Capital to use the Caltrans property south of the marina (the portion of the jetty east of the mean high tide line).

The California State Lands Commission (CSLC) is a trustee agency, as defined in State CEQA Guidelines Section 15386. CSLC may have an interest in the proposed project; however, CSLC would not issue approvals or permits that would be required to implement the proposed project.

2.2 Environmental Impact Report
Pursuant to State CEQA Guidelines §15080, et seq., the District prepared an EIR to analyze the potential environmental impacts of the proposed project. The Final EIR contains all the information required by State CEQA Guideli nes §15132, including the Draft EIR and the appendices to the Draft EIR.

2.3 Public Participation
Environmental review of the proposed project began on December 20, 2018, with the publication of a Notice of Preparation (NOP) of the EIR and initiation of a public review period ending on January 31, 2019. The NOP was sent to t he Office of Planning and Research and was filed with the San Diego County C lerk in accordance with State CEQA Guidelines §15082. The NOP and notic es of its availability were mailed to pub lic agencies, organizations, and other interested individuals to solicit their comments on the scope and content of the environmental analysis. The District also held a public scoping meeting on Ja nuary 24, 2019, at the National City Aquatic Center.

The Draft EIR was completed and a Notice of Availability for pu blic review was posted on September 29, 2021. A 50-day public review period beg an on September 29, 2021 and ended on November 17, 2021. The District received 19 comment letters during the public review period and five commen t letters after close of the public review period.

These comments and the District’s responses to them are include d in Chapter 3, Comments Received and District Responses , of Volume 1 of the Final EIR, as required by State CEQA Guidelines §15088 and §15132. The Final EIR was completed and made available for review on September 30, 2022. Public hearings concerning certification of the Final EIR were held by the Boar d of Port Commissioners of the District on October 11, 2022 and November 16, 2022, at which interested agencies, organizations, and individuals were given an opportunity to comment on the Final EIR and the proposed project.

2.4 Record of Proceedings
For purposes of CEQA and the findings set forth below, the admi nistrative record of the District’s decision concerning certification of the Fina l EIR for the project shall include, but may not be limited to, the following:
x The Notice of Preparation and Initial Study (December 2018); x The Draft EIR (September 2021);
x The Final EIR (September 2022);
x The appendices to the Draft EIR and the Final EIR;

x All documents and other materials referenced and/or incorporat ed by reference in the Draft EIR and Final EIR, including but not lim ited to the materials identified in Chapter 9, References, of the Draft EIR; x All reports, applications, memoranda, maps, letters, and other documents prepared by the District’s staff and consultants for the propos ed project, which are before the Board of Port Commissioners as determined by the District Clerk;
x All documents or other materials submitted by interested perso ns and public agencies in connection with the Draft EIR and the Final EIR; x The minutes, video recordings, and verbatim transcripts, if an y, of the public hearings held on October 11, 2022 and November 16, 2022, concerning the Final EIR and the proposed project;
x Matters of common knowledge to the Board of Port Commissioners and the District, including but not limited to the Port Master Plan; and x Any other materials required to be in the record of proceeding s by California Public Resources Code Section 21167.6(e).

The custodian of the documents and other materials composing the administrative record of the District’s decision concerning certification of the Final EIR is the Clerk of the Board of Port Commissioners. The location of the adminis trative record is the Port District’s office at 3165 Pacific Highway, San Diego, California 92101. (Public Resources Code §21081.6(a)(2).)

3.0 FINDINGS UNDER CEQA

3.1 Purpose
CEQA requires the District to make written findings of fact for each significant environmental impact identified in the Final EIR (State CEQA Guidelines §15091).

The purpose of the findings is to systematically restate the significant effects of the proposed project on the environment and to determine the feasib ility of mitigation measures and alternatives identified in the Final EIR that woul d avoid or substantially lessen the significant environmental effects. Onc e it has adopted sufficient measures to avoid or substantially lessen a significant impact, the District is not required to adopt every mitigation measure identified in t h e F i n a l E I R o r otherwise brought to its attention. If significant impacts rema in after application of all feasible mitigation measures, the District must review the alternatives identified in the Final EIR and determine if they are feasible. These find ings set forth the reasons, and the evidence in support of, the District’s determinations.

3.2 Terminology
A “finding” is a written statement made by the District that explains how it dealt with each significant impact and alternative identified in the Final E I R . E a c h f i n d i n g

contains a conclusion regarding each significant impact, substa ntial evidence supporting the conclusion, and an explanation of how the substa ntial evidence supports the conclusion.

For each significant effect identified in the Final EIR, the Di strict is required by State CEQA Guidelines §15091(a) to make a written finding reaching one or more of the following conclusions:
(1) Changes or alterations have been required in, or incorpora ted into, the project that mitigate or avoid the significant effect identified in the EIR; (2) Such changes or alterations are within the responsibility and jurisdiction of another public agency and have been, or can and should be, adop ted by that other agency; or
(3) Specific legal, economic, social, technological, or other considerations, including considerations for the provision of employment opportunities for highly trained workers, make infeasible the mitigation measures or project alternatives identified in the Final EIR.

A mitigation measure or an alternative is considered “feasible” if it is capable of being accomplished in a successful manner within a reasonable p eriod of time, taking into account economic, environmental, legal, social, and technological factors (State CEQA Guidelines §15364). The concept of “feasibi lity” also encompasses the question of whether a particular alternative or mitigation measure promotes the underlying goals and objectives of a project (City of Del Mar v. City of San Diego (1982) 133 Cal.App.3d 410, 417). “‘[F]easibility under CEQA encompasses ‘desirability’ to the extent that desirability is b ased on a reasonable balancing of the relevant economic, environmental, social, and technological factors” ( Ibid.; see also Sequoyah Hills Homeowners Assn. v. City of Oakland (1993) 23 Cal.App.4th 704, 715).

With respect to a project for which significant impacts are not a v o i d e d o r substantially lessened either through the adoption of feasible mitigation measures or a feasible alternative, a public agency, after adopting prop er findings, may nevertheless approve the project if the agency adopts a stateme nt of overriding considerations setting forth the specific reasons why the agenc y found that the project’s benefits rendered acceptable its unavoidable adverse environmental effects. (State CEQA Guidelines §§15093, 15043 (b); see also Pu blic Resources Code §21081(b)). The California Supreme Court has stated, “[t]h e wisdom of approving…any development project, a delicate task which requir es a balancing of interests, is necessarily left to the sound discretion of the local officials and their constituents who are responsible for such decisions. The law as we interpret and apply it simply requires that those decisions be informed, and therefore balanced” (Citizens of Goleta Valley v. Board of Supervisors (1990) 52 Cal.3d 553, 576).

A statement of overriding considerations is required for the ap proved project because it would have significant unavoidable environmental imp acts on the following areas, which are described in detail in Volume 2 (Fin al EIR), Chapter 4, Environmental Impacts, and Chapter 5, Cumulative Impacts:

x Direct/project-level impacts on GHG emissions and climate chan ge; noise and vibration; and transportation, circulation, and parking; and x Cumulative impacts on GHG emissions and climate change; and transportation, circulation, and parking.

3.3 Legal Effect
To the extent these findings conclude mitigation measures ident ified in the Final EIR are feasible and have not been modified, superseded, or wit hdrawn, the District hereby binds itself and any other responsible parties, including future project applicants and their successors in interest, to impleme nt those mitigation measures. These findings are not merely informational, but cons titute a binding set of obligations upon the District and responsible parties, which will take effect if and when the Board adopts a resolution certifying the Final EIR and adopts resolution(s) for the necessary project approvals.

3.4 Mitigation Monitoring and Reporting Program
In addition to adopting these findings, the District also adopt s a Mitigation Monitoring and Reporting Program pursuant to Public Resources C ode §21081.6 and State CEQA Guidelines §15097. This program is designed to e nsure the proposed project complies with the feasible mitigation measures identified below during implementation of the approved project. The program is s et forth in the “Mitigation Monitoring and Reporting Program for the National C ity Bayfront Projects & Plan Amendments,” which is adopted by the District c oncurrently with these findings and is incorporated herein by this reference (Fi nal EIR Attachment 1, Mitigation Monitoring and Reporting Program).

4.0 FINDINGS REGARDING POTEN TIAL DIRECT AND INDIRECT

SIGNIFICANT EFFECTS
As indicated in the EIR, the proposed project could result in d irect and indirect significant environmental effects with respect to aesthetics an d visual resources; air quality and health risk; biological resources; cultural res ources, tribal cultural resources, and paleontological resources; energy; greenhouse gas emissions and climate change; hazards and hazardous materials; land use and p lanning; noise and vibration; transportation, circulation, and parking; and ut ilities and service systems. These potential signific ant environmental effects, and the mitigation measures identified to avoid or substantially lessen them, are discussed in detail i n t h e a p p l i c a b l e s e c t i o n s o f V o l u m e 2 ( F i n a l E I R ) . A s u m m a r y of significant impacts and mitigation measures for the proposed project is set forth in Volume 2 (Final EIR), Chapter 2, Executive Summary, Table 2-3.

Set forth below are the findings regarding the potential direct a n d i n d i r e c t significant effects of the approved project. The findings incor porate by reference the discussion of potentially significant impacts and mitigation measures contained in the Final EIR.

4.1 Aesthetics and Visual Resources

4.1.1 Impact-AES-1: Obstructed Views Within a Vista During Proj ect Construction (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact-AES-1) related to co nstruction activities in the marina, on the jetty, and in Sweetwater Chann el associated with the GB Capital Component (Phase 1) that would result in signifi cant temporary impacts on vista areas from Key Observation Point (KOP) 2. Deta iled information and analysis regarding this potentially significant impact is p rovided in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ae sthetics and visual resources identified as Impact-AES-1 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on aesthetics and visual resources (Impact-AES-1) is an alyzed in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact- AES-1 would result from construction activities in the marina, on the jetty, and in Sweetwater Channel causing significant temporary impacts on vis ta areas from KOP 2.

The potentially significant impact on aesthetics and visual resources (Impact-AES- 1) would be reduced to below a level of significance by impleme ntation of mitigation measure MM-AES-1: Install Construction Screening and Fencing, and MM-AES-2: Install Wayfinding and Public Access Signage, which a re set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR. These mitigation measures are discussed in Section 4.1, Aesthetics and Visual Resources, of Volume 2 of the EIR and provide as follows:

MM-AES-1: Install Construction Screening and Fencing (GB Capital Component).

GB Capital shall require their contractors to install construct ion-screening fencing around the perimeter of the jetty prior to the start of constru ction of the modular cabins and extended dock and pier with boat slips that shall sh ield construction activities from sight. The screening shall remain until constru ction equipment is removed from this area. Construction-screening fencing shall be depicted on construction plans and, prior to issuance of construction permi ts, the District’s Development Services Department shall confirm such fencing is d epicted on the appropriate construction plans. Construction screening shall in clude, at a minimum, installation of 8-foot-tall fencing covered with view- blocking materials, such as tarp or mesh in a color that blends in with the existin g environment (e.g., green or blue), for the duration of the construction period.

MM-AES-2: Install Wayfinding and Public Access Signage (GB Capi tal Component). Prior to construction of any GB Capital-related pro ject elements

within the marina, on the jetty, or in Sweetwater Channel that would affect the view provided by KOP 2, GB Capital or their contractors shall instal l temporary legible wayfinding signage in visible areas (e.g., in the general vicin i t y o f t h e e x i s t i n g overlook at KOP 2 and where the existing waterside promenade on the Pier 32 Marina intersects with Goesno Place) that directs the public to other available scenic vistas that would not be affected by construction activi ties and would provide substantially similar views, such as KOP 4 and KOP 5. G B Capital shall require that contractors submit the signage characteristics (e. g., size, color, materials) to the District’s Development Services Department fo r review and approval prior installation of the signage—provided however, th at the temporary wayfinding signage shall at a minimum depict the direction and distance to the alternate KOP(s). Photographic proof of the installation of wayfinding signage shall be submitted to the District’s Development Services Department prior to the beginning of construction activities of the GB Capital Componen t (Phase 1) that involve construction in the marina, on the jetty, or in Sweetwater Channel and may be removed on completion of construction.

Implementation of mitigation measures MM-AES-1 and MM-AES-2 would reduce impacts on existing views and access to existing vistas associa ted with construction of Phase 1 of the GB Capital Component to a less t han significant level.

4.1.2 Impact-AES-2: Inaccessibility of a Vista Area During Proj ect Construction (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact-AES-2) related to co nstruction activities associated with the GB Capital Component (Phase 1) t hat partially obstruct the view from KOP 3 and could restrict access to the K OP for up to two years. Detailed information and analysis regarding this potenti ally significant impact is provided in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ae sthetics and visual resources identified as Impact-AES-2 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on aesthetics and visual resources (Impact-AES-2) is an alyzed in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact- AES-2 would result from construction activities partially obstr ucting the view from KOP and potentially restricting access to the KOP for up to two years.

The potentially significant impact on aesthetics and visual resources (Impact-AES- 2) would be reduced to below a level of significance by impleme ntation of mitigation measure MM-AES-3: Establish a Temporary Scenic Vista, which is set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR.

This mitigation measure is discussed in Section 4.1, Aesthetics and Visual Resources, of Volume 2 of the EIR and provides as follows:

MM-AES-3: Establish a Temporary Scenic Vista (GB Capital Component). Prior to the commencement of construction of the GB Capital Component (P hase 1), GB Capital shall require its contractors to establish a temporary scenic vista directly east of KOP 3, adjacent to the western end of the existing Bayshore Bikeway bike path (before the existing path turns north), which shall be acc essible to the public throughout the entirety of the construction phase of the GB Cap ital Component.

The project proponent shall provide temporary wayfinding signag e at the GB Capital Component site and signage at the temporary scenic vista identifying it as a temporary scenic vista. Photographic proof of the establishment of the temporary scenic vista shall be submitted to the District’s Development Services Department prior to the beginning of construction activities of the GB Cap ital Component (Phase 1).

Implementation of mitigation measure MM-AES-3 would reduce impacts on existing views and access to existing scenic vistas associated with construction of Phase 1 of the GB Capital Component to less than significant levels by establishing a temporary scenic vista directly east of KOP 3.

4.1.3 Impact-AES-3: Reduction in Availability of Existing Views (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact-AES-3) related to the operation of GB Capital Component (Phase 1) that would introduce several new features that would clutter the existing viewshed from KOP 2 and reduce availabilit y of existing middleground and background views. Detailed information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ae sthetics and visual resources identified as Impact-AES-3 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on aesthetics and visual resources (Impact-AES-3) is an alyzed in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact- AES-3 would result from the introduction of new features relate d to the operation of GP Capital Component (Phase 1) that would clutter the existing viewshed from KOP 2 and reduce availability of existing middleground and background views.

The potentially significant impact on aesthetics and visual resources (Impact-AES- 3) would be reduced to below a level of significance by impleme ntation of mitigation measures MM-AES-4: Install Permanent Wayfinding Sign age for the Open Space Area on Jetty, and MM-AES-5: Extend the Existing Clear Zone Across Jetty, which are set forth in full in the MMRP and Table 2-3 in the Executive

Summary of the Final EIR. These mitigation measures are discussed in Section

4.1, Aesthetics and Visual Resources , of Volume 2 of the EIR and provide as follows:

MM-AES-4: Install Permanent Wayfinding Signage for the Open Spa ce Area on Jetty (GB Capital Component). GB Capital shall construct the op en space/park area on the jetty concurrently with the construction of the modular cabins and shall finish the open space area prior to or concurrently with said c abins. When construction of the modular cabins is complete, GB Capital or its contractors shall install permanent wayfinding signage that is legible and in a p ublicly accessible area at KOP 2/the existing Pier 32 overlook to direct visitors to the open space area on the jetty, where views of Sweetwater Channel to the southeast, south, and southwest would be available. GB Capital or its contractors sha ll submit the signage characteristics (e.g., size, color, materials) to the D istrict’s Development Services Department for review and approval prior to installati on—provided, however, that the wayfinding signage shall at a minimum contain the distance and direction to the open space area. Photographic proof of the way finding signage shall be submitted to the District’s Development Services Depar tment prior to issuance of the certificate of occupancy.

MM-AES-5: Extend the Existing Clear Zone Across Jetty (GB Capital Component).

The project proponent for the GB Capital Component shall extend the existing minimum 20-foot-wide clear zone along the Pier 32 overlook southward across the jetty. The existing minimum 20-foot-wide clear zone and the proposed 20-foot-wide clear zone on the jetty shall be identified on the project plans. The open space/park area proposed on the jetty can be located within the 20-foot-wide clear zone. Prior to issuance of a coastal development permit that includes const ruction of the modular cabins, the District’s Development Services Department shall confirm that the existing and proposed minimum 20-foot-wide clear zone is id entified and observed on the project plans.

Implementation of mitigation measures MM-AES-4 and MM-AES-5 would reduce impacts on existing views and access to existing scenic vistas associated with operation of Phase 1 of the GB Capital Component to less than s ignificant levels by providing wayfinding signage to a similar vista and requiring a minimum 20-foot- wide clear zone along the existing Pier 32 overlook southward a cross the jetty to protect the view corridor.

4.1.4 Impact-AES-5: Development of the GB Capital Component Wou ld Potentially Affect Visual Character Within the Pier 32 Marina ( GB Capital Component)
Potentially Significant Impact: Because the GB Capital project is designed at a schematic level, the EIR identified potentially significant impacts on aesthetics and visual resources (Impact-AES-5) and the potential for the project to be inconsistent with Section 30251 of the California Coastal Act. Detailed information and analysis regarding this potentially significant impact is provided in Vo lume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ae sthetics and visual resources identified as Impact-AES-5 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on aesthetics and visual resources (Impact-AES-5) is an alyzed in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact- AES-5 would result from portions of GB Capital Component being inconsistent with Section 30251 of the California Coastal Act since it is not yet fully designed.

The potentially significant impact on aesthetics and visual resources (Impact-AES- 5) would be reduced to below a level of significance by impleme ntation of mitigation measure MM-AES-7: Design the GB Capital Component to Provide Continuity, which is set forth in full in the MMRP and Table 2- 3 in the Executive Summary of the Final EIR. This mitigation measure is discussed in Sec tion 4.1, Aesthetics and Visual Resources, of Volume 2 of the EIR and provides as follows:

MM-AES-7: Design the GB Capital Component to Provide Continuity (GB Capital Component). To provide a natural continuity with the existing marina complex, the GB Capital Component shall be designed and constructed using a similar architectural style and materials as the existing Pier 32 Marin a. Prior to issuance of the Coastal Development Permit for both phases of the GB Capital Component, the District shall review plans for the GB Capital Component to ensure design continuity with the existing marina complex.

Implementation of mitigation measure MM-AES-7 would reduce potential impacts from the GB Capital Component (Impact-AES-5) to a less-than-significant level by it to be designed and constructed using a similar architectural style and materials as the existing Pier 32 Marina to provide a natural continuity with the existing marina complex.

4.1.5 Impact-AES-6: Reduction in Nighttime Views Due to Additio nal Lighting (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact-AES-6) resulting fro m the addition of new parking and landscape lighting as part of the development o f GB Capital Component, which could disrupt wildlife behaviors and affect ni ghttime views.

Detailed information and analysis regarding this potentially si gnificant impact is provided in Volume 2 (Final EIR), Section 4.1, Aesthetics and Visual Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ae sthetics and visual resources identified as Impact-AES-6 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on aesthetics and visual resources (Impact-AES-6) is an alyzed in Volume

2 (Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact- AES-6 would result from the addition of new outdoor lighting as part of the development of GB Capital Component, which could disrupt wildlife behaviors and affect nighttime views.

The potentially significant impact on aesthetics and visual resources (Impact- AES-6) would be reduced to below a level of significance by imp lementation of mitigation measures MM-AES-8: Limit Lighting, and MM-AES-9: Shield Security and Safety Lighting, which are set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR. These mitigation measures are discussed in Section 4.1, Aesthetics and Visual Resources, of Volume 2 of the EIR and provide as follows:

MM-AES-8: Limit Lighting (GB Capital Component). Proposed outdo or lighting in the parking lots, in the marina, and outside of buildings shall not exceed a correlated color temperature of 2,700 Kelvins in order to emit less high frequency blue light. The project proponent shall provide details (i.e., Kelvins) of the proposed lighting to the District’s Development Services Department for review and approval prior to commencement of construction of the GB Capital Component.

MM-AES-9: Shield Security and Safety Lighting (GB Capital Component). Security and safety lighting proposed around the RV park, retail, marina , jetty, parking lot, hotels, and other outdoor common spaces shall consist of full c utoff pole-top fixtures with full cutoff shields to minimize light spillage into adjacent properties and land uses. The project proponent shall provide details of the p roposed lighting to the District’s Development Services Department for review and a pproval prior to commencement of construction of the GB Capital Component.

Implementation of mitigation measures MM-AES-8 and MM-AES-9 would reduce potential impacts on nighttime views of the adjacent land uses from additional lighting sources (Impact-AES-6) by requiring lighting features that would emit less high-frequency blue light and reduce light spillage from the GB Capital Component to the adjacent land uses.

4.2 Air Quality and Health Risk

4.2.1 Impact-AQ-1: New Land Use Designations Not Accounted for in the RAQS and SIP (All Project Components)
Potentially Significant Impact: The EIR identifies a potentially significant impact on air quality and health risk (Impact-AQ-1) resulting from the new land use designations not being accounted for in the San Diego Regional Air Quality Strategy (RAQS) and state implementation plan (SIP). Detailed i nformation and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ai r quality and health

risk identified as Impact-AQ-1 in the EIR. Further, pursuant t o State CEQA Guidelines §15091(a)(2), certain of the changes or alterations are within the responsibility and jurisdiction of other public agencies and not the District and such changes can and should be adopted by such other agencies.

Facts in Support of Finding: The potentially significant impact of the proposed project on air quality and health risk (Impact-AQ-1) is analyzed in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk. Potential Impact-AQ-1 would result from the new land use designations not being accounted for in the RAQS and SIP.

The land use changes were not known at the time the RAQS and SI P were last updated. The emissions associated with the proposed land uses could be greater than under existing land uses and these new emissions have not been accounted for in the current RAQS and SIP.

The potentially significant impact on air quality and health ri sk (Impact-AQ-1) would be reduced to below a level of significance by implementa tion of mitigation measure MM-AQ-1: U pdate the RAQS and SIP with New Growth Projections, which is set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR. This mitigation measure is discussed in Section 4.2, Air Quality and Health Risk, of Volume 2 of the EIR and provides as follows:

MM-AQ-1: Update the RAQS and SIP with New Growth Projections (A ll Project Components). Within 6 months from approval of the proposed project, the District and City shall provide SANDAG with revised employment growth fo recasts that account for buildout of the proposed project. This includes the amendments to the District’s PMP, and the City’s General Plan, LCP, HDSAP, and LUC to account for the proposed land use and jurisdictional changes. The District and the City shall coordinate with SANDAG and the SDAPCD to ensure the RAQS and SI P are updated as part of the next revision cycle to reflect the updat ed growth and land use assumptions of the project as well as the PMP and the City’s General Plan as a whole.

Implementation of mitigation measure MM-AQ-1 would reduce potential impacts associated with inconsistency with the RAQS and SIP to a less-t han-significant level by ensuring the administrative process to update SANDAG’s g r o w t h projections is completed and the RAQS and SIP are updated by SANDAG and the SDAPCD. This would inform the air quality strategies contained within the RAQS and SIP and ensure these air quality plans adequately consider the redesignated uses at the project site.

4.2.2 Impact-AQ-2: Emissions in Excess of Criteria Pollutant Th resholds During Proposed Project Construction (All Components)
Potentially Significant Impact: The EIR identifies a potentially significant impact on air quality and health risk (Impact-AQ-2) associated with un mitigated project emissions during construction exceeding applicable significance thresholds.

Detailed information and analysis regarding this potentially si gnificant impact is provided in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ai r quality and health risk identified as Impact-AQ-2 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on air quality and health risk (Impact-AQ-2) is analyzed in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk. Potential Impact-AQ-2 would result from unmitigated project emissions during construction exceedin g applicable significance thresholds that have been set to attain the Nation al Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality St andards (CAAQS) for criteria pollutants.

The potentially significant impact on air quality and health (I mpact-AQ-2) would be reduced to below a level of significance by implementation o f mitigation measures MM-AQ-2: Implement Diesel Emission-Reduction Measures During Construction (All Project Components), MM-AQ-3: Implement Fugit ive Dust Control During Construction (All Project Components), MM-AQ-4: Use Low-VOC Interior and Exterior Coatings During Construction (GB Capital Component and City Program – Development Component), MM-AQ-5: Use Modern Harb or Craft During Construction Activities (GB Capital Component), and MM-A Q-6: Stagger Overlapping Construction Phases and Components (All Project Com ponents).

These mitigation measures are set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR.

These mitigation measures are discussed in Section 4.2, Air Quality and Health Risk, of Volume 2 of the EIR and provide as follows:

MM-AQ-2: Implement Diesel Emission-Reduction Measures During Co nstruction (All Project Components). To control VOC, NOX, CO, PM10, and PM2.5 emissions during construction, the project proponent/operator and/or its contractor(s) shall implement or require implementation by its construction contractor(s) the following measures during construction of their corresponding proposed project component, and shall provide verification to the District (or City).

Prior to the commencement of construction activities of any pro ject component, the project proponent for that project component shall submit a list of equipment to be used and their equipment specifications (model year, engi ne tier, horsepower) to the District’s Development Services Department ( for the components’ within the District’s jurisdiction) or the City’s Community Development Department (for the component’s within the City’s jurisdiction) to ensure the construction equipment list is consistent with the following requirements. Following construction, the project proponent/operator and/or its contrac tor(s) shall provide written evidence that the construction was consistent with following requirements:

x For all construction between 2022 and 2025, ensure that all of f-road diesel equipment engines over 25 horsepower shall be equipped with EPA Tier 3 or cleaner engines, unless Tier 3 construction equipment is not available within 50 miles of the project site. The project proponent shal l document and submit evidence to the District prior to commencement of co nstruction activities that Tier 3 or cleaner equipment shall be used, or t hat Tier 3 or better equipment is not available for use during the entire dur ation of that project’s construction period through 2025.
x For all construction beyond 2025, ensure that all off-road die sel equipment engines over 25 horsepower shall be equipped with EPA Tier 4 or cleaner engines, unless Tier 4 construction equipment is not available within 50 miles of the project site. The project proponent shall document and submit evidence to the District prior to commencement of construction activities that Tier 4 or cleaner equipment shall be used, or that Tier 4 or cleaner equipment is not available for use during the entire duration of that project’s construction period beyond 2025.
x Use renewable diesel fuel in all heavy-duty off-road diesel-fu eled equipment. Renewable diesel must meet the most recent ASTM D975 specification for Ultra Low Sulfur Diesel and have a carbon int ensity no greater than 50% of diesel with the lowest carbon intensity amo ng petroleum diesel fuels sold in California.
x Maintain all equipment in accordance with the manufacturers’ specifications.
x Turn off all construction-related equipment, including heavy-d uty equipment, motor vehicles, and portable equipment, when not in use for more than 3 minutes.
x Use zero or near-zero emissions equipment in-lieu of diesel or gasoline- powered equipment, where such zero or near-zero equipment is commercially available within 50 miles of the project site. x Use diesel particulate filters (or the equivalent) if permitte d under manufacturer’s guidelines for on-road and off-road diesel equipment.

MM-AQ-3: Implement Fugitive Dust Control During Construction (A ll Project Components). To control fugitive PM10 and PM2.5 emissions during construction of any project component, the project proponent/operator and/or its contractor(s) for each component shall implement the following dust control m easures in compliance with SDAPCD Rule 55. The following shall be conditio ns in any Coastal Development Permit or City-issued permit (such as gradi ng and building permits) and shall be implemented by that project proponent/ope rator and/or its contractor(s).
x Water the grading areas at a minimum of three times daily to m inimize fugitive dust.
x Stabilize graded areas as quickly as possible to minimize fugi tive dust. x Apply chemical stabilizer or pave the last 100 feet of interna l travel path within the construction site prior to public road entry. x Install wheel washers adjacent to a paved apron prior to vehic le entry on

public roads.
x Remove any visible track-out into traveled public streets with in 30 minutes of occurrence.
x Wet wash the construction access point at the end of each work day if any vehicle travel on unpaved surfaces has occurred.
x Provide sufficient perimeter erosion control to prevent washou t of silty material onto public roads.
x Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow- off during hauling.
x Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 mph.
x Cover/water onsite stockpiles of excavated material.
x Enforce a 15 mph speed limit on unpaved surfaces.
x On dry days, sweep up any dirt and debris spilled onto paved s urfaces immediately to reduce re-suspension of particulate matter cause d by vehicle movement. Clean approach routes to construction sites d aily for construction-related dirt in dry weather.
x Hydroseed, landscape, or develop as quickly as possible all di sturbed areas and as directed by the District and/or SDAPCD to reduce dust generation. x Limit the daily grading volumes/area.

The project proponent/operator and/or its contractor(s) for eac h component shall submit evidence of the use of fugitive dust reduction measures to the District or City after the completion of construction.

MM-AQ-4: Use Low-VOC Interior and Exterior Coatings During Cons truction (GB Capital Component and City Program – Development Component). To c o n t r o l VOC emissions during any painting activities during constructio n, the project proponent/operator and/or its contractor(s) for all phases of GB Capital Component (Phase 1 and Phase 2) and City Program – Development Component shall use low-VOC coatings for all surfaces that go beyond the requiremen ts of SDAPCD Rule 67.0. If architectural coatings (painting) of any single c omponent or multiple components would exceed 10,000 square feet per day, then each p roject component active on that day shall use coatings with a VOC cont ent of 10 grams per liter or less for all surfaces to be painted. If architectu ral coatings (painting) of any single component or multiple components would be below 10,000 square feet per day, then each component shall use coatings with a VOC content of 75 grams per liter or less. Prior to the commencement of construction ac tivities associated with the GB Capital Component, the project proponent shall subm it a list of coatings to be used, their respective VOC content, and a summary of surface area to be painted to the District’s Development Services Department . Prior to the commencement of construction activities associated with the Cit y Program – Development Component, the project proponent shall submit a lis t of coatings to be used, their respective VOC content, and a summary of surface a r e a t o b e painted to the City’s Community Development Department. The Dis trict and City, for their respective jurisdictions, may conduct inspections dur ing construction to

verify the use of low-VOC coatings.

MM-AQ-5: Use Modern Harbor Craft Du ring Construction Activities (GB Capital Component). Prior to commencing any waterside construction or a ctivities, the project proponent/operator and/or its contractor(s) for the GB Capital Component shall ensure that any harbor craft, including but not limited t o tugboats, pusher tugs, tow boats, work boats, crew boats, and supply boats for u se during the duration of any in-water work, shall meet the following criteria:

x For all construction between 2022 and 2025, ensure all equipme nt is Tier 3 or better (cleaner).
x For all construction after 2025, ensure all equipment is alter natively fueled or electrically powered. If alternatively fueled or electricall y powered equipment that emits less emission than Tier 4 or better (clean er) is not available, then the project proponent shall ensure all equipment is Tier 4 or better.
x Use renewable diesel fuel in all heavy-duty off-road diesel-fu eled equipment. Renewable diesel must meet the most recent ASTM D975 specification for Ultra Low Sulfur Diesel and have a carbon int ensity no greater than 50% of diesel with the lowest carbon intensity amo ng petroleum diesel fuels sold in California.

If clean harbor craft are not available within 200 miles of the project site for the duration of all dredging activities, the project proponent/oper ator and/or its contractor(s) for the GB Capital Component shall prioritize use of equipment that is maintained and properly tuned in accordance with manufacturers’ specifications.

The project proponent/operator and/or its contractor(s) for the GB Capital Component shall document and submit evidence to the District’s Development Services Department and/or the City’s Community Development Department prior to commencement of waterside construction activities, that equipment meeting the above tiering requirements or better standards is not available for use during the duration of all in-water activities. Regardless of the equipmen t used, the project proponent/operator and/or its contractor(s) for each component shall verify that all equipment has been checked by a mechanic experienced with such equipment and determined to be running in proper condition prior to admit tance into the construction area. The project proponent/operator and/or its contractor(s) for each component shall submit a report prepared by the mechanic experienced with such equipment of the condition of the construction and operations v ehicles and equipment to the District’s Development Services Department and /or the City’s Community Development Department prior to commencement of their use.

MM-AQ-6: Stagger Overlapping Cons truction Phases and Components (All Project Components). Each project proponent/operator and/or its contractor(s) shall submit a construction schedule and assumed construction a ctivity at least 3 months prior to the start of construction to the District and C ity. If grading and waterside construction activities (associated with GB Capital Component Phase 1)

are to take place at the same time, they shall be reduced or staggered as to not to exceed daily air quality thresholds and such reduction or stagg ering shall be a condition of grading and building permits. However, multiple pr oject components’ grading may take place at the same time. The District and City, for their respective jurisdictions, may conduct inspections during construction to verify activity.

Implementation of mitigation measures MM-AQ-2 through MM-AQ-6 would reduce potential impacts from construction-related emissions to less-t han-significant levels, as shown in Tables 4.2-18 through 4.2-23 in Section 4.2 , Air Quality and Health Risk, of Volume 2 of the EIR, by implementing measures and practices that reduce emissions and limit the overlap of activities associated w i t h s e p a r a t e projects and project components.

4.2.3 Impact-AQ-3: Emissions in Excess of Criteria Pollutant Th resholds During Proposed Project Operation (GB Capital Component, City Program Component, and Balanced Plan)
Potentially Significant Impact: The EIR identifies a potentially significant impact on air quality and health risk (Impact-AQ-3) resulting unmitigated emissions during project operation exceeding criteria pollutant thresholds for v olatile organic compound (VOC) and particulate matter (PM)10. Detailed information and analysis regarding this potentially significant impact is provided in Vo lume 2 (Final EIR), Section 4.2, Air Quality and Health Risk.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ai r quality and health risk identified as Impact-AQ-3 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on air quality and health risk (Impact-AQ-3) is analyzed in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk. Potential Impact-AQ-3 would result from emissions during the operation of the GB Capital Component , City Program Component, and the Balanced Plan exceeding the VOC and PM10 thresholds that have been set to attain the NAAQS and CAAQS. The major componen t of VOC and PM10 emissions during operation are woodburning hearths and fireplaces that may be attributed to RV park uses.

The potentially significant impact on air quality and health ri sk (Impact-AQ-3) would be reduced to below a level of significance by implementa tion of mitigation measure MM-AQ-7: Restrict Installation of Fireplaces and Firepi ts in New Construction, which is set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR. This mitigation measure is discussed in Sec tion 4.2, Air Quality and Health Risk, of Volume 2 of the EIR and provides as follows:

MM-AQ-7: Restrict Installation of Fireplaces and Firepits in New Construction (City Program, GB Capital Component [Phase 1 and Phase 2], and Balanced Plan). The

proponent/operator and/or its contractor(s) of the City Program – Development Component, the GB Capital Component, and the Balanced Plan shall ensure that no outdoor woodburning stoves, fireplaces, or firepits are inst alled, and all fireplaces and firepits shall be fueled by natural gas. The pro ject proponent/operator and/or its contractor(s) for each component shall submit evidence that no outdoor woodburning stoves, fireplaces, or fir epits are wood- burning to the District (or City for City Program), and the Dis trict (or City for City Program) may conduct inspections during construction to verify the details that were submitted are accurate.

Implementation of mitigation measure MM-AQ-7 would reduce potential impacts associated with emissions from the operation of the proposed pr oject to a less- than-significant level, as shown in Table 4.2-24 in Section 4.2 , Air Quality and Health Risk, of Volume 2 of the EIR, by restricting the installation of fireplaces and firepits in new construction.

4.2.4 Impact-AQ-4: Health Effects During Construction (All Proj ect Components)
Potentially Significant Impact: The EIR identifies a potentially significant impact on human health risk (Impact-AQ-4) from project-related emissio ns during construction exceeding applicable significance thresholds for VOC, PM10, PM2.5, nitrogen oxide (NO X), and carbon monoxide (CO). Detailed information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on ai r quality and health risk identified as Impact-AQ-4 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on air quality and health risk (Impact-AQ-4) is analyzed in Volume 2 (Final EIR), Section 4.2, Air Quality and Health Risk. Potential Impact-AQ-4 would result from unmitigated project emissions during construction exceedin g applicable significance thresholds that have been set to attain the NAAQS and CAAQS, the purpose of which is to provide for the protection of public health.

The potentially significant impact on air quality and health (I mpact-AQ-4) would be reduced to below a level of significance by implementation o f mitigation measures MM-AQ-2: Implement Diesel Emission-Reduction Measures During Construction (All Project Components), MM-AQ-3: Implement Fugit ive Dust Control During Construction (All Project Components), MM-AQ-4: Use Low-VOC Interior and Exterior Coatings During Construction (GB Capital Component and City Program – Development Component), MM-AQ-5: Use Modern Harb or Craft During Construction Activities (GB Capital Component), and MM-A Q-6: Stagger Overlapping Construction Phases and Components (All Project Com ponents).

These mitigation measures are set forth in full above and in the MMRP and Table

2-3 in the Executive Summary and are discussed in Section 4.2, Air Quality and Health Risk, in Volume 2 of the Final EIR.

Implementation of mitigation measures MM-AQ-2 through MM-AQ-6 would reduce potential health impacts from construction-related emissions to less-than- significant levels by implementing measures and practices that reduce emissions and limiting the overlap of activities associated with separate projects and project components.

4.3 Biological Resources

4.3.1 Impact-BIO-1: Impacts on Estuary Seablite During Construc tion (Bayshore Bikeway Component Route 3)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-1) related to construction activities that could result in direct mortality of estuary seablite, a special-status plant species. Detailed information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-1 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-1) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources . Potential Impact-BIO-1 would result from indirect effects, such as trampling or other inadvertent impact s on estuary seablite during construction due to the plant’s proximity to th e work areas for the Bayshore Bikeway Component.

The potentially significant impact on biological resources (Imp act-BIO-1) would be reduced to below a level of significance by implementation o f mitigation measure MM-BIO-1: Conduct Surveys and Monitoring for Estuary Se ablite (Bayshore Bikeway Component Route 3). This mitigation measure i s set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-1: Conduct Surveys and Monitoring for Estuary Seablite ( Bayshore Bikeway Component 3): An authorized biologist shall be present onsite during construction within or adjacent to suitable habitat for estuary seablite to ensure that avoidance and minimization measures are in place according to specifications and to monitor construction in the vicinity of the estuary seab lite population at a frequency necessary to ensure that avoidance and minimization m easures are followed properly. The biological monitor shall report any noncompliance to CDFW within 24 hours.

Before ground disturbance or other activities associated with c onstruction of

Bayshore Bikeway Component Route 3, a qualified botanist shall survey all proposed construction and access areas for presence of special- status plant species. Preconstruction surveys shall occur during the appropriate season and in accordance with established protocols up to 1 year in advance o f construction, provided temporary construction easements have been granted to construction areas. These surveys shall be c onducted in all construction are as that contain suitable habitat for special-status plant species. These survey s shall be for the purpose of documenting plant locations relative to the construc t i o n a r e a s a n d ensure avoidance, where feasible. If construction starts prior to the appropriate season, and it is unfeasible to conduct preconstruction surveys , then plant documentation for avoidance and ESA fencing shall rely on previ ous population locations.

Populations of estuary seablite or other special-status plant s pecies observed during these surveys shall be clearly mapped and recorded, alon g with the approximate numbers of individuals in each population and their respective conditions. Construction areas and construction access roads sh all avoid loss of individual estuary seablite and other special status species.

MM-BIO-1 requires (1) a qualified botanist to conduct a preconstruction survey to document the location of special-status plant species and ensur e avoidance, and (2) an authorized biologist to be present onsite during constru ction within or adjacent to suitable habitat for estuary seablite to ensure tha t avoidance and minimization measures are in place and followed properly. Imple mentation of mitigation measure MM-BIO-1 would reduce inadvertent impacts on estuary seablite (Impact-BIO-1) to less-than-significant levels by requ iring surveys, monitoring, and avoidance measures when construction activities occur in close proximity to habitat for this species.

4.3.2 Impact-BIO-3: Impacts on Nesting Avian Species (GB Capita l Component and Bayshore Bikeway Component Route 3)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-3) from construction-relate d noise (e.g., grading, site preparation) in close proximity to salt marsh hab itats supporting Belding’s Savannah sparrow or light-footed Ridgway’s rail and i n-water construction near low-potential California least tern nesting habitat (although very low probability to occur) that could cause nest or chick abando nment. These impacts would be a violation of the Migratory Bird Treaty Act (MBTA) or California Fish and Game Code (CFGC). Detailed information and analysis re garding this potentially significant impact is provided in Volume 2 (Final E IR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-3 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-3) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-3 would result from the noise from construction activity that could impede the use of b ird nesting sites during the nesting season. Disturbance to nesting activity woul d be considered a significant impact in violation of the MBTA or CFGC.

The potentially significant impact on biological resources (Imp act-BIO-3) would be reduced to below a level of significance by mitigation measure MM-BIO-3: Avoid Avian Species During the Breeding Season. This mitigation measure is set forth in full in the MMRP and in Table 2-3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-3: Avoid Construction within 300 Feet of Avian Species D uring the Breeding Season (GB Capital Component, and Bayshore Bikeway Com ponent Route 3). All project construction activities occurring within 300 feet of salt marsh habitat (e.g., portions of Bayshore Bikeway Component Route 3 a nd some of the GB Capital Component) shall take place outside of the light-foo ted Ridgway’s rail and Belding’s Savannah sparrow breeding season (i.e., February 15–September 15); no construction work shall occur within 300 feet of the ma rsh during this time period.

To ensure protection of California least terns nesting at the D Street colony, project proponents shall avoid impact pile during the least tern nestin g season. The nesting season for California least terns is defined here as Ap ril 1 through September 15.

MM-BIO-3 requires all construction activities occurring within 300 feet of salt marsh habitat to take place outside of the light-footed Ridgway’s rai l and Belding’s Savannah sparrow breeding season (i.e., February 15–September 1 5).

Implementation of mitigation me asure MM-BIO-3 w ould reduce the biological resources impact associated with disturbance to nesting activity (Impact-BIO-3) to less-than-significant levels by requiring that the start of con struction activities occurs outside of the breeding season for light-footed Ridgway’s rail and Belding’s Savannah sparrow.

4.3.3 Impact-BIO-4: Impacts on Nesting Osprey (Pepper Park Expa nsion, Pasha Rail Improvement Component, and Roadway Configuration in Balanced Plan)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-4) associated with construction-related noise in close proximity to osprey nests, such as those proposed for the Pepper Park Expansion, Pasha Rail Improvement Component, and roadway improv ements envisioned in the Balanced Plan that could cause nest or chick abandonment.

These impacts would be inconsistent with the MBTA or CFGC. Deta iled

information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-4 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-4) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources . Potential Impact-BIO-4 would result from construction activities could generate noise that has the potential to cause nest or chick abandonment.

The potentially significant impact on biological resources (Imp act-BIO-4) would be reduced to below a level of significance by mitigation measu re MM-BIO-4:

Avoid Impacts on Osprey During Nesting Season (January 15–June 15). This mitigation measure is set forth in full in the MMRP and Table 2 -3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-4: Avoid Impacts on Osprey During Nesting Season (Januar y 15–June 15) (Pepper Park Expansion and Roadway Configuration in Balance d Plan, and Pasha Rail Improvement Component). To ensure nesting ospreys ar e not disturbed, the project proponent for the Balanced Plan (specifi cally, the roadway improvements and Pepper Park expansion), as well as the project proponent for the Pasha Rail Improvement Component, shall avoid all noise-gen erating construction activities during the osprey nesting season (Janua ry 15–June 15) within all proposed construction areas or shall implement all of the following:

x Surveys of historical nest locations maintained by the Distric t shall be conducted to determine current occupancy status within 72 hours prior to construction/onset of noise-generating activities. If nests are occupied, or if the nest occupancy cannot be determined due to the height of the nest, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer base d on behavioral observations, ambient versus construction-related no ise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete. x Surveys of all potential osprey nest locations, including exis ting utility poles, shall be conducted within 72 hours prior to construction/ onset of noise- generating activities within 500 feet of any proposed work area s where noise-generating activities could affect nest success. These su rveys could be conducted concurrent with those anticipated under MM-BIO-5 for MBTA avian species or conducted separately.

If nests are occupied, or if the nest occupancy cannot be deter mined due to the

height of the nest, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buf fer based on behavioral observations, ambient versus construction-related no ise, and other data gathered during nest monitoring. All work within the avoid ance buffer shall cease until the nesting cycle is complete.

MM-BIO-4 requires the pr oject proponent to avoid all noise-gene rating construction activities during th e osprey nesting season (Janua ry 15 – June 15) within all proposed construction areas or to retain a qualified biologist to conduct preconstruction surveys and flag and map occupied nest locations and avoidance buffers on the construction plans. Implementation of mitigation measure MM-BIO- 4 would reduce the impact related to construction noise causing potential osprey nest or chick abandonment (Impact-BIO-4) to less-than-significa nt levels by requiring that the start of construction activities occurs outs ide of the osprey breeding and nesting season or by implementing preconstruction surveys, construction avoidance and minimization measures (e.g., avoidance buffers), and monitoring.

4.3.4 Impact-BIO-5: Potential Disturbance or Destruction of Nes ts Protected by the Migratory Bird Treaty Act and CFGC (Pepper Park Expansio n and Roadway Configuration in Balanced Plan, GB Capital Component, and Bayshore Bikeway Component Route 3)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-5) from the removal of Dieg an coastal sage scrub habitat during construction, as well as noise from construction activity, which could impede the use of bird breeding sites during the nesting season (February 15–September 15). The destruction of an occupied nest would be considered a significant impact if it were a violation of the MBTA or CFGC. Detailed information and analysis regarding this potentially significant impact is p rovided in Volume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-5 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-5) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-5 would result from active nests being destroyed or abandoned (e.g., due to human disturba nce or noise) during construction, such as vegetation removal, grading, or si te-preparation activities.

The potentially significant impact on biological resources (Impact-BIO-5) would be reduced to below a level of significance by mitigation measure MM-BIO-5: Avoid Impacts on MBTA Avian Species, Including Non-Listed Avian Speci es. This

mitigation measure is set forth in full in the MMRP and Table 2 -3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-5: Avoid Impacts on MBTA Avian Species, Including Non-Li sted Avian Species (Pepper Park Expansion and Roadway Configuration in Bal anced Plan, GB Capital Component, and Bayshore Bikeway Component Route 3). To ensure compliance with the MBTA and similar provisions under CFGC Sections 3503 and 3503.5, the project proponent for the Balanced Plan (specifical ly, roadway improvements, Pepper Park expansion), GB Capital Component, Pas ha Rail Improvement Component, Bayshore Bikeway Component, and City Pro gram – Development Component shall conduct all vegetation removal duri ng the non- breeding season between September 15 and January 14 or shall im plement the following:

x If construction activities are scheduled between January 15 an d September 14, a biological survey for nesting bird species shall be conducted within the proposed impact area and at least a 300-foot buffer within 72 hours prior to construction. The nesting bird survey is applicable to all avia n species protected under the MBTA and Fish and Game Code. The number of surveys required for covering this area shall be commensurate w ith the schedule for construction and the acreage that shall be covered . Multiple surveys for nesting birds shall be separated by at least 48 hours in order to be confident that nesting is detected, but the survey shall be no more 72 hours prior to the onset of construction.
x If any active nests are detected, the area shall be flagged an d mapped on the construction plans, along with an avoidance buffer of suffi cient size to avoid impacts on the nest. The project biologist shall determin e the size of the avoidance buffer based on behavioral observations, ambient versus construction-related noise, and other data gathered during nest monitoring.

All work within the avoidance buffer shall cease until the nest ing cycle is complete.
x Nest buffers, nest survey techniques, and nest monitoring requ irements shall be determined based on the project proponent’s avian biol ogist. In accordance with this mitigation measure, nest buffers shall be implemented to ensure compliance with the MBTA and Fish and Game Code Secti ons 3503, 3503.5, and 3513. Additionally, if grading activities, co nstruction activities, or other noise-generating activities lapse for more than 48 hours, an additional nesting bird survey shall be conducted. The resul ts of the nesting bird surveys and buffers, including any determinations to reduce buffers, shall be included in a monitoring report submitted to the project proponent.
x If a nesting bird management plan is required as part of the s ite-specific impact analysis and mitigation for a particular component, then t h e parameters in this mitigation measure shall be applied as the m inimum requirements for that particular component. More restrictive measures than these can be stipulated in the nesting bird management plan for t h a t

particular project component.

Implementation of MM-BIO-5 would reduce impacts on common and s pecial- status avian species during construction activities (Impact-BIO -5) to less-than- significant levels by requiring that the start of construction activities occurs outside of the breeding and nesting season or implementing construction measures and conducting preconstruction surveys in accordance with the MBTA and similar provisions under Sections 3503 and 3503.5 of the CFGC.

4.3.5 Impact-BIO-6: Bat Roost Site Direct Impacts (GB Capital C omponent, and Bayshore Bikeway Component Route 3)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-6) related to removal or tr imming of suitable roost trees, which could directly harm roosting bats, resulting in mortality of common or special-status bat species. These impacts could resul t in large bat mortality events and would be significant absent mitigation. Te mporary indirect effects, such as noise, vibration, dust, and night lighting fro m construction, also could disturb roosting bats, should they be present within the area. Detailed information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-6 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-6) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-6 would result from the removal or trimming of suitable roost trees, which could directly harm roosting bats, should they be present within the area during project construction.

The potentially significant impact on biological resources (Imp act-BIO-6) would be reduced to below a level of significance by mitigation measu re MM-BIO-6:

Conduct Surveys for Maternal Bat Roost Site Surveys and Avoid S easonal Impacts. This mitigation measure is set forth in full in the MM RP and Table 2-3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-6: Conduct Surveys for Mate rnal Bat Roost Site Surveys a nd Avoid Seasonal Impacts (GB Capital Component and Bayshore Bikeway Com ponent Route 3). Prior to the start of project construction on the GB Capital Component or Bayshore Bikeway Component Route 3, a qualified bat biologist s hall conduct a daytime assessment to examine structures and trees suitable for bat use. If bat sign is observed at that time, then nighttime bat surveys shall be conducted to confirm whether the structures or trees with suitable habitat i dentified during the preliminary assessment are utilized by bats for day roosting or night roosting, ascertain the level of bat foraging and roosting activity at ea ch of these locations,

and perform exit counts to determine visually the approximate n umber of bats utilizing the roosts. Acoustic monitoring shall also be used during these surveys to identify the bat species present and determine an index of rela tive bat activity for that site on that specific evening.

If maternity sites are identified during the preconstruction bat habitat assessment, then no construction activities at that location shall be allowed during the maternity season (i.e., April 1–August 31) unless a qualified bat biologi st has determined that the young have been weaned. If maternity sites are present , and it is anticipated that construction activities cannot be completed ou tside of the maternity season, then the qualified bat biologist, in consultation with CDFW, shall complete bat exclusion activities at maternity roost sites either as soon as possible after the young have been weaned or outside of the maternity se ason, or the qualified bat biologist, in coordination with CDFW, otherwise approves.

The removal of mature trees and snags shall be minimized to the greatest extent practicable. Prior to tree removal or trimming, qualified bat biologist shall examine large trees and snags to ensure that no roosting bats are prese nt. Palm frond trimming, if necessary, shall be conducted outside the maternity season (i.e., April 1–August 31) to avoid potential mortality to flightless young a nd outside the bat hibernation season (November–February).

Implementation of MM-BIO-6 would avoid impacts on bat maternal roost colonies by requiring that project proponents survey for maternal bat ro ost sites and avoid impacts on these sites through seasonal avoidance or monitoring prior to the start of construction activities.

4.3.6 Impact-BIO-7: Potential Disruption of Fishes, Green Sea T urtle, and Marine Mammals and Altered Prey Availability to Sensitive Fish- Feeding Avian Species (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-7) associated with impact-h ammer and vibratory-hammer pile-driving activities that could potentially generate enough underwater noise to injure (Level A Harassment) or alter behavi or (Level B Harassment) of green sea turtles, fishes, and marine mammals. Noise-generating impacts resulting from project construction activities that cau s e f i s h t o f l e e t h e project area could mean increased foraging distance for Califor nia least terns, resulting in lowered nest success for California least terns us ing the D Street nesting colony. The increased turbidity due to suspension of m arine sediments during pile driving (impact, vibratory, jetting) or other sediment-disturbing activities can reduce the ability of fish-feeding marine birds to capture prey. Detailed information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r

substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-7 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-7) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-7 would result from pile driving activities that could generate underwater noise that ha s the potential to injure (Level A Harassment) or alter behavior (Level B Harassme nt) of green sea turtles, fishes, and marine mammals.

The potentially significant impact on biological resources (Imp act-BIO-7) would be reduced to below a level of significance by mitigation measu re MM-BIO-7:

Avoidance of Impacts on Special-Status Wildlife During In-Water Construction Activities. This mitigation measure is set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-7: Avoidance of Impacts on Special-Status Wildlife Durin g In-Water Construction Activities (GB Capital Component). During in-water pile installation, the contractor shall utilize pile jetting or vibratory methods (vibratory methods subject to additional measures below) to reduce the daily number of pile strikes to the extent practicable and must use fewer than 750 pile strikes per day to set pilings.

Prior to construction activities involving impact-hammer and vibratory in-water pile driving, the project proponent shall prepare and implement a marine mammal, fish injury, and green sea turtle monitoring program such as a Marin e Fish Species Impact Avoidance and Minimization Plan. The District shall revi ew the monitoring program, which shall include the following requirements:

x For a period of 15 minutes prior to the start of in-water cons truction, a qualified biologist, retained by the project proponent (i.e., G B Capital) and approved by the District’s Director of Development Services or their designee, shall monitor around the active pile driving areas to ensure that special-status species are not present. Monitors shall also mon itor for injured fish and have the authority to stop work if there is an observation of concern.
x The construction contractor shall not start work if any observ ations of special-status species are made prior to starting pile driving. x In-water pile driving shall begin with soft starts, gradually increasing the force of the pile driving. This allows marine mammals, green se a turtles, and fishes to flee areas adjacent to pile-driving activities. x All monitors must meet the minimum requirements as defined by the National Oceanic Atmospheric Administration (NOAA)’s Guidance for Developing a Marine Mammal Monitoring Plan (NOAA 2019). x Recommendations in the marine mammal and green sea turtle moni toring program shall be consistent with the District’s Regional Genera l Permit (RGP) 72.
x If the biological monitor determines that underwater noise is causing an

observable impact to any sensitive species, the biological moni tor stop in- water construction or may require a bubble curtain be placed around pilings during impact driving to reduce the intensity of underwater sou nd pressure levels.
x A silt curtain shall be placed around the pile driving activit y to restrict the distribution of turbidity associated with the re-suspension of marine sediments. The silt curtain shall be placed such that it does not drag on the bottom or contact eelgrass resources. In addition, the project proponent shall have a qualified contractor prepare and implement a water quality monitoring plan for the District’s review and approval to ensure that turbidity outside of the silt curtain does not increase more than 20% abo ve ambient conditions during pile driving.
x The monitoring plan shall be implemented during all pile drivi ng activities and be a part of any construction contracts of GB Capital’s in- water construction.

Implementation of MM-BIO-7 would reduce impacts on marine mamma ls, fishes, and green sea turtles (Impact-BIO-7) to less-than-significant l evels by monitoring for marine mammals and green sea turtles prior to and during impact-hammer and vibratory pile driving and halting in-water pile-driving activities until the species has left the construction area. MM-BIO-7 would also reduce impacts on nesting California least tern to less than significant by ensuring that their prey (fish) is not disturbed during the nesting season by pile driving. Finally, M M-BIO-7 would reduce turbidity impacts on the foraging success of California brown pelican and other fish foraging marine birds to less than significant by maintaining water clarity and thereby allowing for foraging success similar to areas beyond the project area.

4.3.7 Impact-BIO-9: Reflective Materials and Increased Bird Str ikes (GB Capital Component and City Program – Development Component) Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-9) from the use of reflective building and glass finishes associated with hotel development, which may confuse b irds in flight, leading to an increase in strikes. Detailed information and ana lysis regarding this potentially significant impact is provided in Volume 2 (Final E IR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-9 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-9) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-9 would result from the use of reflective building and glass finishes associated with h otel development, which may confuse birds in flight, leading to an increase in st rikes. The proposed

project is also located along the coastline and includes a portion of a bird migration corridor and likely includes important migratory stopover habitat.

The potentially significant impact on biological resources (Imp act-BIO-9) would be reduced to below a level of significance by mitigation measu re MM-BIO-9:

Implement Bird Strike Reduction Measures on New Structures. Thi s mitigation measure is set forth in full in the MMRP and Table 2-3 of the Executive Summary of the Final EIR and provides as follows:

MM-BIO-9: Implement Bird Strike Reduction Measures on New Struc tures (GB Capital Component and City Program – Development Component). Pr ior to issuance of any building construction/permits for any portion o f the GB Capital Component or City Program – Development Component where the building would be taller than three stories, an ornithologist (retained by the respective project proponent and pre-approved by the District for the GB Capital C omponent or the City for the City Program – Development Component) familiar wit h local species will review building plans to ve rify that the proposed building has incorporated specific design strategies that qualify for Leadership in Energy and Environmental Design (LEED) credits, as described in the American Bird Conser vancy’s Bird- Friendly Building Design (Sheppard and Phillips 2015) or an equivalent guide to avoid or reduce the potential for bird strikes. Final building design strategies shall be in accordance with the Bird-Friendly Building Design , by incorporating strategies to minimize the threat to avian species, including b ut not limited to the following:

x Building Façade and Site Structures.
o Develop a building façade and site design that are visible as physical barriers to birds.
x Elements such as Netting, Screens, Grilles, Shutters, and Exte rior Shades to Preclude Collisions.
o Incorporate materials that have a low threat potential based o n the Bird Collision Threat Rating and the Bird Collision Threat Rati ng Calculation Spreadsheet to achieve a maximum total building Bir d Collision Threat Rating of 15 or less.
ƒ High Threat Potential: Glass: Highly Reflective or Completely Transparent Surface.
ƒ Least Threat Potential: Opaque Surface
x Exterior Lighting
o Fixtures not necessary for safety, entrances, and circulation shall be automatically shut off from midnight until 6:00 a.m.
o Exterior luminaires must meet these requirements for all exter ior luminaires located inside project boundary based on the following:
ƒ Photometric characteristics of each luminaire when mounted in the same orientation and tilt as specified in the project design; and
ƒ The lighting zone of the project property (at the time

construction begins). Classify the project under one lighting zone using the lighting zones definitions provided in the Illuminating Engineering Society and International Dark Sky Association (IES/IDA) Model Lighting Ordinance (MLO) User Guide (2011).
x Performance Monitoring Plan
o The project proponent (e.g., GB Capital) shall develop a 3-yea r postconstruction monitoring plan to routinely monitor the effectiveness of the building and site design in preventing bir d collisions for buildings over three stories high that shall inc lude methods to identify and document locations where repeated bird strikes occur, the number of collisions, the date, the approxim ate time, and features that may be contributing to collisions, and shall list potential design solutions and provide a process for adaptive management.
o The project proponent (e.g., GB Capital) shall provide an adap tive monitoring report demonstrating which design strategies have be en incorporated and the results of adaptive monitoring for Distric t review.

Implementation of MM-BIO-9 would reduce impacts on birds in flight (Impact-BIO- 9) to less-than-significant levels by requiring the incorporation of design strategies that enable birds to recognize structures from the open sky.

4.3.8 Impact-BIO-10: Disruption of Wildlife Behavior Due to Add itional Lighting (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-10) from new parking and la ndscape lighting that would be added to the GB Capital Component area as a result of the proposed development, including an RV park, retail, expanded marina, modular cabins, and hotel buildings, that would disrupt wildlife behaviors. Detaile d information and analysis regarding this potentially significant impact is provided in Volume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-10 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-10) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-10 would result from the new lighting added to the GB Capital Component area as a re sult of the proposed development, including an RV park, retail, expanded ma rina, modular cabins, and hotel buildings, that would disrupt wildlife behaviors.

The potentially significant impact on biological resources (Imp act-BIO-10) would

be reduced to below a level of significance by mitigation measu re MM-AES-8:

Limit Lighting. This mitigation measure is set forth in full in the MMRP and Table 2-3 of the Executive Summary in the Final EIR and provides as follows:

MM-AES-8: Limit Lighting (GB Capital Component). Proposed outdo or lighting in the parking lots, in the marina, and outside of buildings shall not exceed a correlated color temperature of 2,700 Kelvins in order to emit less high frequency blue light. The project proponent shall provide details (i.e., Kelvins) of the proposed lighting to the District’s Development Services Department for review and approval prior to commencement of construction of the GB Capital Component.

Implementation of MM-AES-8 would reduce the potential to disrupt wildlife behaviors from additional lighting sources (Impact-BIO-10) to less-than-significant levels by requiring lighting features that would emit less high -frequency blue light from the GB Capital Component.

4.3.9 Impact-BIO-11: Potential Loss of Diegan Coastal Sage Scru b During Project Construction (GB Capital Component and Bayshore Bikeway Component Route 3)
Potentially Significant Impact: The EIR identifies a potentially significant impact on biological resources (Impact-BIO-11) related to the potential removal of Diegan coastal sage shrub (including restored and baccharis-dominated forms) from construction activities, such as grading. Detailed information and analysis regarding this potentially significant impact is provided in Vo lume 2 (Final EIR), Section 4.3, Biological Resources.

Finding: Pursuant to State CEQA Guidelines §15091(a)(1), changes or alterations have been required or incorporated in the approved project that a v o i d o r substantially lessen the significant environmental effect on bi ological resources identified as Impact-BIO-11 in the EIR.

Facts in Support of Finding: The potentially significant impact of the proposed project on biological resources (Impact-BIO-11) is analyzed in Volume 2 (Final EIR), Section 4.3, Biological Resources. Potential Impact-BIO-9 would result from construction activities for the Bayshore Bikeway Component and GB Capital Component, which has the potential to remove Diegan coastal sage scrub.

The potentially significant impact on biological resources (Impact-BIO-11) would be reduced to below a level of significance by mitigation measu re MM-BIO-10:

Provide Compensatory Mitigation for Impacts on Coastal Sage Scrub. This mitigation measure is set forth in full in the MMRP and Table 2-3 in the Executive Summary of the Final EIR and provides as follows:

MM-BIO-10: Provide Compensatory Mitigation for Impacts on Coastal Sage Scrub (GB Capital Component and Bayshore Bikeway Component Route 3).

Compensation for permanent impacts on Diegan coastal sage scrub habitats shall occur at a minimum 1:1 ratio, with compensation occurring as cr eation, enhancement, or restoration. The compensation can occur through a combination

20xx-xxx

EXHIBIT “B”

Mitigation Monitoring and Reporting Program

(See attached.)


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ1 September2022 

MitigationMonitoringandReportingProgram
A.1.1 Purpose
The purpose of this Mitigation Monitoring and Reporting Program (MMRP) is to ensure that the National City Bayfront Projects and Plan Amendments implement the environmental mitigation measures required by the Final Environmental Impact Report (EIR) for the proposed project. Those mitigation measures have been integrated into this MMRP. The MMRP provides a mechanism for monitoring and reporting implementation of the mitigation measures in compliance with the EIR, and general guidelines for the use and implementation of the monitoring program are described below.

This MMRP is written in accordance with California Public Resources Code 21081.6 and Section 15097 of the California Environmental Quality Act (CEQA) Guidelines. California Public Resources Code Section 21081.6 requires the Lead Agency, for each project that is subject to CEQA, to adopt a reporting or monitoring program for changes made to the project, or conditions of approval, adopted in order to mitigate or avoid significant effects on the environment and to monitor performance of the mitigation measures included in any environmental document to ensure that implementation takes place. The San Diego Unified Port District (District) is the designated Lead Agency for the MMRP. The Lead Agency is responsible for review of all monitoring reports, enforcement actions, and document disposition. The Lead Agency will rely on information provided by a monitor as accurate and up to date and will field check mitigation measure status as required.

Adoption of the MMRP for portions within City of National City (City) discretionary authority is required by the City, as a CEQA responsible agency.

The District may modify how it will implement a mitigation measure, as long as the alternative means of implementing the mitigation still achieves the same or greater impact reduction. Copies of the MMRP shall be distributed to the participants of the monitoring effort to ensure that all parties involved have a clear understanding of the mitigation monitoring measures adopted.

A.1.2 Format
Mitigation measures applicable to the project include avoiding certain impacts altogether, minimizing impacts by limiting the degree or magnitude of the action and its implementation, and/or requiring supplemental structural controls. Within this document, mitigation measures are organized and referenced by subject category. Each of the mitigation measures has a numerical reference. The following items are identified for each mitigation measure. z Mitigation Language and Numbering
z Mitigation Timing
z Methods for Monitoring and Reporting
z Responsible Parties

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ2 September2022 
A.1.3 MitigationLanguageandNumbering
Provides the language of the mitigation measure in its entirety.

A.1.4 MitigationTiming
The mitigation measures required for the project will be implemented at various times before construction, during construction, prior to project completion, or during project operation.

A.1.5 MethodsforMonitoringandReporting
The MMRP includes the procedures for documenting and reporting mitigation implementation efforts.

A.1.6 ResponsibleParties
For each mitigation measure, the parties responsible for implementation, monitoring and reporting, and verifying successful completion of the mitigation measure are identified. These parties include both governmental organizations and by private sector project proponents.

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ3 September2022 
TableA1Ͳ1.Mitigation,Monitoring,andReportingProgram MitigationMeasures TimingandMethods ResponsibleParties AestheticsandVisualResources  
MMǦAESǦ1:InstallConstructionScreeningandFencing(GBCapital Component). GB Capital shall require their contractors to install construction-screening fencing around the perimeter of the jetty prior to the start of construction of the modular cabins and extended dock and pier with boat slips that shall shield construction activities from sight.

The screening shall remain until construction equipment is removed from this area. Construction-screening fencing shall be depicted on construction plans and, prior to issuance of construction permits, the District’s Development Services Department shall confirm such fencing is depicted on the appropriate construction plans. Construction screening shall include, at a minimum, installation of 8-foot-tall fencing covered with view-blocking materials, such as tarp or mesh in a color that blends in with the existing environment (e.g., green or blue), for the duration of the construction period.

Timing:Prior to and during
construction
Method:Install construction-
screening fencing around the
perimeter of the jetty prior to
the start of construction.

Implementation:Applicable Project
Proponent for Component
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department
MMǦAESǦ2:InstallWayfindingandPublicAccessSignage(GBCapital Component).Prior to construction of any GB Capital-related project elements within the marina, on the jetty, or in Sweetwater Channel that would affect the view provided by KOP 2, GB Capital or their contractors shall install temporary legible wayfinding signage in visible areas (e.g., in the general vicinity of the existing overlook at KOP 2 and where the existing waterside promenade on the Pier 32 Marina intersects with Goesno Place) that directs the public to other available scenic vistas that would not be affected by construction activities and would provide substantially similar views, such as KOP 4 and KOP 5. GB Capital shall require that contractors submit the signage characteristics (e.g., size, color, materials) to the District’s Development Services Department for review and approval prior installation of the signage—provided however, that the temporary wayfinding signage shall at a minimum depict the direction and distance to the alternate KOP(s). Photographic proof of the installation of wayfinding signage shall be submitted to the District’s Development Services Department prior to the beginning of construction activities of the GB Capital Component (Phase 1) that Timing:Prior to construction
and during construction
Method:Install temporary
wayfinding signage that directs
the public to other scenic vistas.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District’s Development
Services Department

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ4 September2022 
MitigationMeasures TimingandMethods ResponsibleParties involve construction in the marina, on the jetty, or in Sweetwater Channel and may be removed on completion of construction. MMǦAESǦ3:EstablishaTemporaryScenicVista(GBCapital Component).Prior to the commencement of construction of the GB Capital Component (Phase 1), GB Capital shall require its contractors to establish a temporary scenic vista directly east of KOP 3, adjacent to the western end of the existing Bayshore Bikeway bike path (before the existing path turns north), which shall be accessible to the public throughout the entirety of the construction phase of the GB Capital Component. The project proponent shall provide temporary wayfinding signage at the GB Capital Component site and signage at the temporary scenic vista identifying it as a temporary scenic vista. Photographic proof of the establishment of the temporary scenic vista shall be submitted to the District’s Development Services Department prior to the beginning of construction activities of the GB Capital Component (Phase 1). Timing:Prior to and during
construction
Method:Establish a temporary
scenic vista east of KOP 3. 
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ4: InstallPermanentWayfindingSignagefortheOpen SpaceAreaonJetty(GBCapitalComponent).GB Capital shall construct the open space/park area on the jetty concurrently with the construction of the modular cabins and shall finish the open space area prior to or concurrently with said cabins.When construction of the modular cabins is complete, GB Capital or its contractors shall install permanent wayfinding signage that is legible and in a publicly accessible area at KOP 2/the existing Pier 32 overlook to direct visitors to the open space area on the jetty, where views of Sweetwater Channel to the southeast, south, and southwest would be available. GB Capital or its contractors shall submit the signage characteristics (e.g., size, color, materials) to the District’s Development Services Department for review and approval prior to installation—provided, however, that the wayfinding signage shall at a minimum contain the distance and direction to the open space area. Photographic proof of the wayfinding signage shall be submitted to the District’s Development Services Department prior to issuance of the certificate of occupancy.

Timing:Upon completion of
modular cabins
Method:Construct the open
space area prior to or
concurrently with the modular
cabins and install permanent
wayfinding signage to direct
visitors to the open space area.

Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ5: ExtendtheExistingClearZoneAcrossJetty (GBCapital Component). The project proponent for the GB Capital Component shall extend the existing minimum 20-foot-wide clear zone along the Pier 32 overlook southward across the jetty. The existing minimum 20-foot-wide clear zone and the proposed 20-foot-wide clear zone on the jetty shall be Timing:Prior to and during
construction
Method:Extend the existing
minimum 20-foot-wide clear
Implementation Applicable Project
Proponent for Component

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ5 September2022 
MitigationMeasures TimingandMethods ResponsibleParties identified on the project plans. The open space/park area proposed on the jetty can be located within the 20-foot-wide clear zone. Prior to issuance of a coastal development permit that includes construction of the modular cabins, the District’s Development Services Department shall confirm that the existing and proposed minimum 20-foot-wide clear zone is identified and observed on the project plans.
zone along the Pier 32 overlook
southward across the jetty.
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ7:DesigntheGBCapitalComponenttoProvideContinuity (GBCapitalComponent).To provide a natural continuity with the existing marina complex, the GB Capital Component shall be designed and constructed using a similar architectural style and materials as the existing Pier 32 Marina. Prior to issuance of the Coastal Development Permit for both phases of the GB Capital Component, the District shall review plans for the GB Capital Component to ensure design continuity with the existing marina complex.
Timing:Prior to construction
Method:Ensure design
continuity with the existing Pier
32 Marina.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District
MMǦAESǦ8:LimitLighting(GBCapitalComponent).Proposed outdoor lightingin the parking lots, in the marina, and outside of buildings shall not exceed a correlated color temperature of 2,700 Kelvins in order to emit less high frequency blue light. The project proponent shall provide details (i.e., Kelvins) of the proposed lighting to the District’s Development Services Department for review and approval prior to commencement of construction of the GB Capital Component.

Timing:Prior to construction
and during project operation
Method:Ensure proposed
outdoor lighting shall not
exceed a correlated color
temperature of 2,700 Kelvins.
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
MMǦAESǦ9:ShieldSecurityandSafetyLighting(GBCapital Component).Security and safety lighting proposed around the RV park, retail, marina, jetty, parking lot, hotels, and other outdoor common spaces shall consist of full cutoff pole-top fixtures with full cutoff shields to minimize light spillage into adjacent properties and land uses. The project proponent shall provide details of the proposed lighting to the District’s Development Services Department for review and approval prior to commencement of construction of the GB Capital Component. Timing:Prior to construction
and during project operation
Method:Implement measures
to minimize light spillage from
security and safety lighting. 
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District’s Development
Services Department
AirQualityandHealthRisk  
MMǦAQǦ1:UpdatetheRAQSandSIPwithNewGrowthProjections (AllProjectComponents).Within 6 months from approval of the proposed project,the District and City shall provide SANDAG with revised employment growth forecasts that account for buildout of the Timing:Within 6 months of
approval
Method:Provide the new
employment growth forecasts
Implementation:District and City
MonitoringandReporting: District and
City

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MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ6 September2022 
MitigationMeasures TimingandMethods ResponsibleParties proposed project. This includes the amendments to the District’s PMP, and the City’s General Plan, LCP, HDSAP, and LUC to account for the proposed land use and jurisdictional changes. The District and the City shall coordinate with SANDAG and the SDAPCD to ensure the RAQS and SIP are updated as part of the next revision cycle to reflect the updated growth and land use assumptions of the project as well as the PMP and the City’s General Plan as a whole.
and coordinate with SANDAG
and the SDAPCD to ensure the
RAQS and SIP are updated.

Verification: SANDAG
MMǦAQǦ2:ImplementDieselEmissionǦReductionMeasuresDuring Construction(AllProjectComponents). To control VOC, NOX, CO, PM10, and PM2.5 emissions during construction, the project proponent/operator and/or its contractor(s) shall implement or require implementation by its construction contractor(s) the following measures during construction of their corresponding proposed project component, and shall provide verification to the District (or City).

Prior to the commencement of construction activities of any project component, the project proponent for that project component shall submit a list of equipment to be used and their equipment specifications (model year, engine tier, horsepower) to the District’s Development Services Department (for the components’ within the District’s jurisdiction) or the City’s Community Development Department (for the component’s within the City’s jurisdiction) to ensure the construction equipment list is consistent with the following requirements. Following construction, the project proponent/operator and/or its contractor(s) shall provide written evidence that the construction was consistent with following requirements: 
x For all construction between 2022 and 2025, ensure that all off-road diesel equipment engines over 25 horsepower shall be equipped with EPA Tier 3 or cleaner engines, unless Tier 3 construction equipment is not available within 50 miles of the project site. The project proponent shall document and submit evidence to the District prior to commencement of construction activities that Tier 3 or cleaner equipment shall be used, or that Tier 3 or better equipment is not available for use during the entire duration of that project’s construction period through 2025.
x For all construction beyond 2025, ensure that all off-road diesel equipment engines over 25 horsepower shall be equipped with EPA Tier 4 or cleaner engines, unless Tier 4 construction equipment is Timing:Prior to, during, and
post construction
Method:Ensure construction
equipment and construction
activities are consistent with
emission-reduction
requirements.

Implementation:AllProject
Proponents/Operator and/or
Contractors
MonitoringandReporting: All Project
Proponents
Verification: District’s Development
Services Department or City’s
Community Development Department

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MitigationMonitoringandReportingProgram


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FinalEnvironmentalImpactReport MMRPͲ7 September2022 
MitigationMeasures TimingandMethods ResponsibleParties not available within 50 miles of the project site. The project proponent shall document and submit evidence to the District prior to commencement of construction activities that Tier 4 or cleaner equipment shall be used, or that Tier 4 or cleaner equipment is not available for use during the entire duration of that project’s construction period beyond 2025.
x Use renewable diesel fuel in all heavy-duty off-road diesel-fueled equipment. Renewable diesel must meet the most recent ASTM D975 specification for Ultra Low Sulfur Diesel and have a carbon intensity no greater than 50% of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.
x Maintain all equipment in accordance with the manufacturers’ specifications.
x Turn off all construction-related equipment, including heavy-duty equipment, motor vehicles, and portable equipment, when not in use for more than 3 minutes.
x Use zero or near-zero emissions equipment in-lieu of diesel or gasoline-powered equipment, where such zero or near-zero equipment is commercially available within 50 miles of the project site.
x Use diesel particulate filters (or the equivalent) if permitted under manufacturer’s guidelines for on-road and off-road diesel equipment.

MMǦAQǦ3:ImplementFugitiveDustControlDuringConstruction(All ProjectComponents). To control fugitive PM10 and PM2.5 emissions during construction of any project component, the project proponent/operator and/or its contractor(s) for each component shall implement the following dust control measures in compliance with SDAPCD Rule 55. The following shall be conditions in any Coastal Development Permit or City-issued permit (such as grading and building permits) and shall be implemented by that project proponent/operator and/or its contractor(s).
x Water the grading areas at a minimum of three times daily to minimize fugitive dust.
x Stabilize graded areas as quickly as possible to minimize fugitive dust.

Timing:During construction
Method:Implement dust
control measures to control
fugitive PM10 and PM2.5 in
compliance with SDAPCD Rule

55. Implementation:AllProject
Proponents/Operator and/or
Contractors
MonitoringandReporting: All Project
Proponents
Verification: District and City

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MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ8 September2022 
MitigationMeasures TimingandMethods ResponsibleParties x Apply chemical stabilizer or pave the last 100 feet of internal travel path within the construction site prior to public road entry. x Install wheel washers adjacent to a paved apron prior to vehicle entry on public roads.
x Remove any visible track-out into traveled public streets within 30 minutes of occurrence.
x Wet wash the construction access point at the end of each workday if any vehicle travel on unpaved surfaces has occurred.
x Provide sufficient perimeter erosion control to prevent washout of silty material onto public roads.
x Cover haul trucks or maintain at least 12 inches of freeboard to reduce blow-off during hauling.
x Suspend all soil disturbance and travel on unpaved surfaces if winds exceed 25 miles per hour (mph).
x Cover/water onsite stockpiles of excavated material.
x Enforce a 15 mph speed limit on unpaved surfaces.
x On dry days, sweep up any dirt and debris spilled onto paved surfaces immediately to reduce re-suspension of particulate matter caused by vehicle movement. Clean approach routes to construction sites daily for construction-related dirt in dry weather. x Hydroseed, landscape, or develop as quickly as possible all disturbed areas and as directed by the District and/or SDAPCD to reduce dust generation.
x Limit the daily grading volumes/area.
x The project proponent/operator and/or its contractor(s) for each component shall submit evidence of the use of fugitive dust reduction measures to the District or City after the completion of construction.

MMǦAQǦ4:UseLowǦVOCInteriorandExteriorCoatingsDuring Construction(GBCapitalComponentandCityProgram–
DevelopmentComponent).To control VOC emissions during any painting activities during construction, the project proponent/operator and/or its contractor(s) for all phases of GB Capital Component (Phase 1 and Phase 2) and City Program – Development Component shall use low- VOC coatings for all surfaces that go beyond the requirements of SDAPCD Timing:Prior to and during
construction
Method:Use low-VOC coatings
for all surfaces that go beyond
the requirements of SDAPCD
Rule 67.0.

Implementation:Applicable Project
Proponents for Components/Operator
and/or Contractors
MonitoringandReporting: Applicable
Project Proponents for Components

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MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ9 September2022 
MitigationMeasures TimingandMethods ResponsibleParties Rule 67.0. If architectural coatings (painting) of any single component or multiple components would exceed 10,000 square feet per day, then each project component active on that day shall use coatings with a VOC content of 10 grams per liter or less for all surfaces to be painted. If architectural coatings (painting) of any single component or multiple components would be below 10,000 square feet per day, then each component shall use coatings with a VOC content of 75 grams per liter or less. Prior to the commencement of construction activities associated with the GB Capital Component, the project proponent shall submit a list of coatings to be used, their respective VOC content, and a summary of surface area to be painted to the District’s Development Services Department. Prior to the commencement of construction activities associated with the City Program – Development Component, the project proponent shall submit a list of coatings to be used, their respective VOC content, and a summary of surface area to be painted to the City’s Community Development Department. The District and City, for their respective jurisdictions, may conduct inspections during construction to verify the use of low-VOC coatings.
Verification: District’s Development
Services Department and City’s
Community Development Department
MMǦAQǦ5: UseModernHarborCraftDuringConstructionActivities (GBCapitalComponent).Prior to commencing any waterside construction or activities the project proponent/operator and/or its contractor(s) for the GB Capital Component shall ensure that any harbor craft, including but not limited to tugboats, pusher tugs, tow boats, work boats, crew boats, and supply boats for use during the duration of any in- water work, shall meet the following criteria:
x For all construction between 2020 and 2025, ensure all equipment is Tier 3 or better (cleaner).
x For all construction after 2025, ensure all equipment is alternatively fueled or electrically powered. If alternatively fueled or electrically powered equipment that emits less emission than Tier 4 or better (cleaner) are not available, then the project proponent shall ensure all equipment is Tier 4 or better.
x Use renewable diesel fuel in all heavy-duty off-road diesel-fueled equipment. Renewable diesel must meet the most recent ASTM D975 specification for Ultra Low Sulfur Diesel and have a carbon intensity no greater than 50 percent of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.

Timing:Prior to waterside
construction
Method:Ensure harbor craft
meet clean emissions criteria
and submit evidence of
compliance prior to their use.

Implementation:Applicable Project
Proponent for Component/Operator
and/or Contractors
MonitoringandReporting: Applicable
Project Proponent for Component
Verification: District’s Development
Services Department or City’s
Community Development Department

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ10 September2022 
MitigationMeasures TimingandMethods ResponsibleParties If clean harbor craft are not available within 200 miles of the project site for the duration of all dredging activities, the project proponent/operator and/or its contractor(s) for the GB Capital Component shall prioritize use of equipment that is maintained and properly tuned in accordance with manufacturers’ specifications. The project proponent/operator and/or its contractor(s) for the GB Capital Component shall document and submit evidence to the District’s Development Services Department and/or the City’s Community Development Department prior to commencement of waterside construction activities, that equipment meeting the above tiering requirements or better standards is not available for use during the duration of all in-water activities. Regardless of the equipment used, the project proponent/operator and/or its contractor(s) for each component shall verify that all equipment has been checked by a mechanic experienced with such equipment and determined to be running in proper condition prior to admittance into the construction area. The project proponent/operator and/or its contractor(s) for each component shall submit a report prepared by the mechanic experienced with such equipment of the condition of the construction and operations vehicles and equipment to the District’s Development Services Department and/or the City’s Community Development Department prior to commencement of their use. MMǦAQǦ6:StaggerOverlappingConstructionPhasesand
Components(AllProjectComponents). Each project
proponent/operator and/or its contractor(s) shall submit a construction schedule and assumed construction activity at least 3 months prior to the start of construction to the District and City. If grading and waterside construction activities (associated with GB Capital Component Phase 1) are to take place at the same time, they shall be reduced or staggered as to not to exceed daily air quality thresholds and such reduction or staggering shall be a condition of grading and building permits. However, multiple project components’ grading may take place at the same time.

The District and City, for their respective jurisdictions, may conduct inspections during construction to verify activity.
Timing:Prior to construction
Method:Submit a construction
schedule and assumed
construction activity to ensure
reduction or staggering of
overlapping construction
phases.

Implementation:All Project
Proponents/Operator and/or
Contractors
MonitoringandReporting: All Project
Proponents
Verification: District and City
MMǦAQǦ7: RestrictInstallationofFireplacesandFirepitsinNew Construction(CityProgram,GBCapitalComponent[Phase1and Phase2],andBalancedPlan).Theproponent/operator and/or its contractor(s) of the City Program – Development Component, the GB Timing:Prior to construction
Method:Ensure all fireplaces
and firepits are fueled by
Implementation:Applicable Project
Proponents for Components/Operator
and/or Contractors

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ11 September2022 
MitigationMeasures TimingandMethods ResponsibleParties Capital Component, and the Balanced Plan shall ensure that no outdoor woodburning stoves, fireplaces, or firepits are installed, and all fireplaces and firepits shall be fueled by natural gas.The project proponent/operator and/or its contractor(s) for each component shall submit evidence that no outdoor woodburning stoves, fireplaces, or firepits are wood-burning to the District (or City for City Program), and the District (or City for City Program) may conduct inspections during construction to verify the details that were submitted are accurate. natural gas and no outdoor
woodburning stoves, fireplaces,
or firepits are installed.

MonitoringandReporting: Applicable
Project Proponents for Components
Verification: District and City
BiologicalResources  
MMǦBIOǦ1:ConductSurveysandMonitoringforEstuarySeablite (BayshoreBikewayComponentRoute3):An authorized biologist shall be present onsite during construction within or adjacent to suitable habitat for estuary seablite to ensure that avoidance and minimization measures are in place according to specifications and to monitor construction in the vicinity of estuary seablite population at a frequency necessary to ensure that avoidance and minimization measures are followed properly. The biological monitor shall report any noncompliance to CDFW within 24 hours.

Before ground disturbance or other activities associated with construction of Bayshore Bikeway Component Route 3, a qualified botanist shall survey all proposed construction and access areas for presence of special-status plant species. Preconstruction surveys shall occur during the appropriate season and in accordance with established protocols up to 1 year in advance of construction, provided temporary construction easements have been granted to construction areas. These surveys shall be conducted in all construction areas that contain suitable habitat for special-status plant species. These surveys shall be for the purpose of documenting plant locations relative to the construction areas and ensure avoidance, where feasible. If construction starts prior to the appropriate season, and it is unfeasible to conduct preconstruction surveys, then plant documentation for avoidance and ESA fencing shall rely on previous population locations.

Populations of estuary seablite or other special-status plant species observed during these surveys shall be clearly mapped and recorded, along with the approximate numbers of individuals in each population and their respective conditions. Construction areas and access roads shall Timing:Prior to and during
project construction
Method:Conduct
preconstruction surveys for
presence of estuary seablite,
implement avoidance and
minimization measures, and
monitor for estuary seablite
species during construction.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Authorized Biologist, Applicable Project
Proponents for Components
Verification: District, CDFW

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ12 September2022 
MitigationMeasures TimingandMethods ResponsibleParties avoid loss of individual estuary seablite and impacts on habitat supporting this species.
MMǦBIOǦ3:AvoidConstructionwithin300FeetofAvianSpecies DuringtheBreedingSeason(GBCapitalComponentandBayshore BikewayComponentRoute3).All project construction activities occurring within 300 feet of salt marsh habitat (e.g., portions of Bayshore Bikeway Component Route 3 and some of the GB Capital Component) shall take place outside of the light-footed Ridgway’s rail and Belding’s Savannah sparrow breeding season (i.e., February 15–September 15); no construction work shall occur within 300 feet of the marsh during this time period.

To ensure protection of California least terns nesting at the D Street colony, project proponents shall avoid impact pile driving during the least tern nesting season. The nesting season for California least terns is defined here as April 1 through September 15.

Timing:During construction
Method:Ensure no
construction work occurs
within 300 feet of salt marsh
habitat from February 15
through September 15 and
avoid impact pile driving from
April 1 through September 15.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Applicable Project Proponents for
Components
Verification: District and City
MMǦBIOǦ4:AvoidImpactsonOspreyDuringNestingSeason(January 15–June15)(PepperParkExpansionandRoadwayConfigurationin BalancedPlan,andPashaRailImprovementComponent). To ensure nesting ospreys are not disturbed, the project proponent for the Balanced Plan (specifically, the roadway improvements and Pepper Park expansion), as well as the project proponent for the Pasha Rail Improvement Component, shall avoid all noise-generating construction activities during the osprey nesting season (January 15–June 15) within all proposed construction areas or shall implement all of the following:
x Surveys of historical nest locations maintained by the District shall be conducted to determine current occupancy status within 72 hours prior to construction/onset of noise-generating activities. If nests are occupied, or if the nest occupancy cannot be determined due to the height of the nest, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer based on behavioral observations, ambient versus construction-related noise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete.

Timing:Prior to and during
project construction
Method:Avoid all noise-
generating construction
activities during the osprey
nesting season (January 15–
June 15) or implement
avoidance measures. 
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Authorized Biologist, Applicable Project
Proponents for Components
Verification: District

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ13 September2022 
MitigationMeasures TimingandMethods ResponsibleParties x Surveys of all potential osprey nest locations, including existing utility poles, shall be conducted within 72 hours prior to construction/onset of noise-generating activities within 500 feet of any proposed work areas where noise-generating activities could affect nest success. These surveys could be conducted concurrent with those anticipated under MMǦBIOǦ5 for MBTA avian species or conducted separately. If nests are occupied, or if the nest occupancy cannot be determined due to the height of the nest, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer based on behavioral observations, ambient versus construction- related noise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete.
MMǦBIOǦ5:AvoidImpactsonMBTAAvianSpecies,IncludingNonǦ ListedAvianSpecies(PepperParkExpansionandRoadway ConfigurationinBalancedPlan,GBCapitalComponent,and BayshoreBikewayComponentRoute3). To ensure compliance with the MBTA and similar provisions under CFGC Sections 3503 and 3503.5, the project proponent for the Balanced Plan (specifically, roadway improvements, Pepper Park expansion), GB Capital Component, Pasha Rail Improvement Component, Bayshore Bikeway Component, and City Program – Development Component shall conduct all vegetation removal during the non-breeding season between September 15 and January 14 or shall implement the following:
x If construction activities are scheduled between January 15 and September 14, a biological survey for nesting bird species shall be conducted within the proposed impact area and at least a 300-foot buffer within 72 hours prior to construction. The nesting bird survey is applicable to all avian species protected under the MBTA and Fish and Game Code. The number of surveys required for covering this area shall be commensurate with the schedule for construction and the acreage that shall be covered. Multiple surveys for nesting birds shall be separated by at least 48 hours in order to be confident that nesting is detected, but the survey shall be no more 72 hours prior to the onset of construction.

Timing:Prior to and during
project construction
Method:Conduct all vegetation
removal during the non-
breeding season (September
15–January 14) or implement
nesting bird avoidance
measures. 
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Authorized Biologist, Applicable Project
Proponents for Components
Verification: District and City

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ14 September2022 
MitigationMeasures TimingandMethods ResponsibleParties x If any active nests are detected, the area shall be flagged and mapped on the construction plans, along with an avoidance buffer of sufficient size to avoid impacts on the nest. The project biologist shall determine the size of the avoidance buffer based on behavioral observations, ambient versus construction-related noise, and other data gathered during nest monitoring. All work within the avoidance buffer shall cease until the nesting cycle is complete. x Nest buffers, nest survey techniques, and nest monitoring requirements shall be determined based on the project proponent’s avian biologist. In accordance with this mitigation measure, nest buffers shall be implemented to ensure compliance with the MBTA and Fish and Game Code Sections 3503, 3503.5, and 3513.

Additionally, if grading activities, construction activities, or other noise-generating activities lapse for more than 48 hours, an additional nesting bird survey shall be conducted. The results of the nesting bird surveys and buffers, including any determinations to reduce buffers, shall be included in a monitoring report submitted to the project proponent.
x If a nesting bird management plan is required as part of the site- specific impact analysis and mitigation for a particular component, then the parameters in this mitigation measure shall be applied as the minimum requirements for that particular component. More restrictive measures than these can be stipulated in the nesting bird management plan for that particular project component. MMǦBIOǦ6:ConductSurveysforMaternalBatRoostSiteSurveysand AvoidSeasonalImpacts(GBCapitalComponentandBayshore BikewayComponentRoute3). Prior to the start of project construction on the GB Capital Component or Bayshore Bikeway Component Route 3, a qualified bat biologist shall conduct a daytime assessment to examine structures and trees suitable for bat use. If bat sign is observed at that time, then nighttime bat surveys shall be conducted to confirm whether the structures or trees with suitable habitat identified during the preliminary assessment are utilized by bats for day roosting or night roosting, ascertain the level of bat foraging and roosting activity at each of these locations, and perform exit counts to determine visually the approximate number of bats utilizing the roosts. Acoustic monitoring shall also be used during these surveys to identify the bat species present Timing:Prior to and during
project construction
Method:Conduct
preconstruction bat habitat
assessment, avoid construction
during bat maternity season if
maternity sites are present, or
complete bat exclusion
activities.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Authorized Biologist, Applicable Project
Proponents for Components
Verification: District, CDFW

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ15 September2022 
MitigationMeasures TimingandMethods ResponsibleParties and determine an index of relative bat activity for that site on that specific evening.

If maternity sites are identified during the preconstruction bat habitat assessment, then no construction activities at that location shall be allowed during the maternity season (i.e., April 1–August 31) unless a qualified bat biologist has determined that the young have been weaned.

If maternity sites are present, and it is anticipated that construction activities cannot be completed outside of the maternity season, then the qualified bat biologist, in consultation with CDFW, shall complete bat exclusion activities at maternity roost sites either as soon as possible after the young have been weaned or outside of the maternity season, or the qualified bat biologist, in coordination with CDFW, otherwise approves.

The removal of mature trees and snags shall be minimized to the greatest extent practicable. Prior to tree removal or trimming, qualified bat biologist shall examine large trees and snags to ensure that no roosting bats are present. Palm frond trimming, if necessary, shall be conducted outside the maternity season (i.e., April 1–August 31) to avoid potential mortality to flightless young and outside the bat hibernation season (November–February).
MMǦBIOǦ7:AvoidanceofImpactsonSpecialǦStatusWildlifeDuring InǦWaterConstructionActivities(GBCapitalComponent). During in-water pile installation, the contractor shall utilize pile jetting or vibratory methods (vibratory methods subject to additional measures below) to reduce the daily number of pile strikes to the extent practicable and must use fewer than 750 pile strikes per day to set pilings.

Prior to construction activities involving impact-hammer and vibratory in-water pile driving, the project proponent shall prepare and implement a marine mammal, fish injury, and green sea turtle monitoring program such as a Marine Fish Species Impact Avoidance and Minimization Plan.

The District shall review the monitoring program, which shall include the following requirements:
x For a period of 15 minutes prior to the start of in-water construction, a qualified biologist, retained by the project proponent (i.e., GB Capital) and approved by the District’s Director of Development Services or their designee, shall monitor around the active pile driving areas to ensure that special-status species are not present.

Timing:Prior to and during
project construction
Method:Reduce the daily
number of pile strikes during
in-water pile installation and
prepare and implement a
marine mammal, fish injury,
and green sea turtle monitoring
program. 
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Authorized Biologist, Applicable Project
Proponent for Component
Verification: District

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ16 September2022 
MitigationMeasures TimingandMethods ResponsibleParties Monitors shall also monitor for injured fish and have the authority to stop work if there is an observation of concern. 
x The construction contractor shall not start work if any observations of special-status species are made prior to starting pile driving. x In-water pile driving shall begin with soft starts, gradually increasing the force of the pile driving. This allows marine mammals, green sea turtles and fishes to flee areas adjacent to pile driving activities. x All monitors must meet the minimum requirements as defined by the National Oceanic Atmospheric Administration’s Guidancefor DevelopingaMarineMammalMonitoringPlan(NOAA 2019). x Recommendations in the Marine Mammal and Green Sea Turtle Monitoring Program shall be consistent with the District’s Regional General Permit (RGP) 72.
x If the biological monitor determines that underwater noise is causing an observable impact on any sensitive species, the biological monitor shall stop in-water construction or may require a bubble curtain be placed around pilings during impact driving to reduce the intensity of underwater sound pressure levels.
x A silt curtain shall be placed around the pile-driving activity to restrict the distribution of turbidity associated with the resuspension of marine sediments. The silt curtain shall be placed such that it does not drag on the bottom or contact eelgrass resources. In addition, the project proponent shall have a qualified contractor prepare and implement a water quality monitoring plan for the District’s review and approval to ensure that turbidity outside of the silt curtain does not increase more than 20% above ambient conditions during pile driving.
x The monitoring plan shall be implemented during all pile-driving activities and be a part of any construction contracts of GB Capital’s in-water construction.
MMǦBIOǦ9:ImplementBirdStrikeReductionMeasuresonNew Structures(GBCapitalComponentandCityProgram–Development Component).Prior to issuance of any building construction/permits for any portion of the GB Capital Component or City Program – Development Component where the building would be taller than three stories, an ornithologist (retained by the respective project proponent and pre- Timing:Prior to and during
project construction
Method:Incorporate design
strategies to minimize threat to
avian species in accordance
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Authorized Ornithologist, Applicable
Project Proponents for Components

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ17 September2022 
MitigationMeasures TimingandMethods ResponsibleParties approved by the District for the GB Capital Component or the City for the City Program – Development Component) familiar with local species will review building plans to verify that the proposed building has incorporated specific design strategies that qualify for Leadership in Energy and Environmental Design (LEED) credits, as described in the American Bird Conservancy’sBirdǦFriendlyBuildingDesign (Sheppard and Phillips 2015) or an equivalent guide to avoid or reduce the potential for bird strikes. Final building design must demonstrate to the satisfaction of the ornithologist that design strategies shall be in accordance with the BirdǦFriendlyBuildingDesign, by incorporating strategies to minimize the threat to avian species, including but not limited to the following:
x Building Façade and Site Structures
o Develop a building façade and site design that are visible as physical barriers to birds.
x Elements such as Netting, Screens, Grilles, Shutters, and Exterior Shades to Preclude Collisions.
o Incorporate materials that have a low threat potential based on the Bird Collision Threat Rating and the Bird Collision Threat Rating Calculation Spreadsheet to achieve a maximum total building Bird Collision Threat Rating of 15 or less.
– High Threat Potential: Glass: Highly Reflective and/or Completely Transparent Surface
– Least Threat Potential: Opaque Surface
x Exterior Lighting
o Fixtures not necessary for safety, entrances, and circulation shall be automatically shut off from midnight until 6:00 a.m. o Exterior luminaires must meet these requirements for all exterior luminaires located inside project boundary based on the following:
- Photometric characteristics of each luminaire when mounted in the same orientation and tilt as specified in the project design; and
- The lighting zone of the project property (at the time construction begins). Classify the project under one lighting zone using the lighting zones definitions provided in the IlluminatingEngineeringSocietyandInternationalDarkSky with the BirdǦFriendlyBuilding
Designor equivalent guide.

Verification: District and City

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ18 September2022 
MitigationMeasures TimingandMethods ResponsibleParties Association(IES/IDA)ModelLightingOrdinance(MLO)User Guide(2011).
x Performance Monitoring Plan
o The project proponent (e.g., GB Capital) shall develop a 3-year post-construction monitoring plan to routinely monitor the effectiveness of the building and site design in preventing bird collisions for buildings over three stories high. Include methods to identify and document locations where repeated bird strikes occur, the number of collisions, the date, the approximate time, and features that may be contributing to collisions. List potential design solutions and provide a process for adaptive management. o The project proponent (e.g., GB Capital) shall provide an adaptive monitoring report demonstrating which design strategies have been incorporated and the results of adaptive monitoring for District review.

MMǦBIOǦ10:ProvideCompensatoryMitigationforImpactson CoastalSageScrub(GBCapitalComponentandBayshoreBikeway ComponentRoute3). Compensation for permanent impacts on Diegan coastal sage scrub habitats shall occur at a minimum 1:1 ratio, with compensation occurring as creation, enhancement, or restoration. The compensation can occur through a combination of one or more of the following: onsite enhancement, re-establishment, or creation; or payment into an agency-approved in-lieu fee, mitigation program, or other approved mitigation provider. Compensation type and final mitigation ratios shall be determined during the project’s coastal development permitting phase. Temporary impacts on Diegan coastal sage scrub habitats shall be replaced at a 1:1 ratio through onsite restoration.

Onsite, in-kind restoration of temporarily affected Diegan coastal sage scrub would occur at their current locations on completion of construction, consisting of returning affected areas to original contour grades, decompacting the soil, and replanting with hydroseeding or container plantings using a plant palette composed of native species from the local region prior to disturbance. All revegetated areas shall avoid the use of any nonnative plant species.

For any areas that shall be restored, enhanced, or created onsite, the project proponent (e.g., National City for Bayshore Bikeway; GB Capital, etc.) shall prepare a Habitat Mitigation and Monitoring Plan (HMMP) Timing:Prior to construction
Method:Provide compensatory
mitigation for impacts on
Diegan coastal sage scrub at a
minimum 1:1 ratio and prepare
an HMMP for onsite restoration.
Implementation:Applicable Project
Proponents for Components
MonitoringandReporting:

Applicable Project Proponents for
Components
Verification: District, CCC

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ19 September2022 
MitigationMeasures TimingandMethods ResponsibleParties prior to project construction in accordance with requirements of the CCC.

The HMMP shall outline all required components, including, but not limited to, a project description, goal of the mitigation, mitigation site, implementation plan, monitoring plan, completion of mitigation/ success criteria, and contingency measures. The HMMP shall address the onsite restoration of temporary impact areas and compensatory mitigation at on- or offsite areas to mitigate for permanent impacts. MMǦBIOǦ12:ProvideContractorEducation,UtilizeEcological Moorings,andDevelopanEelgrassMitigationandMonitoringPlan inCompliancewiththeCaliforniaEelgrassMitigationPolicy(GB CapitalComponent).Prior to the start of any in-water construction, the project proponent shall retain a qualified marine biologist to provide contractor education relative to the presence and sensitivity of eelgrass beds. The contractor shall be provided with a map that depicts the location of eelgrass within the work area. The contractor shall be instructed to use the minimal propeller thrust necessary when working in shallow water to avoid dislodging eelgrass or generating excessive turbidity. The contractor shall also be instructed not to place anchors or spuds over portions of the seafloor that support eelgrass.

The proposed vessel moorings shall use ecologically sensitive mooring systems that minimize contact with the ocean bottom, to reduce scouring impacts. Examples of these systems include flexible lines with anchors that are permanently embedded into the bottom. The GB Capital Component shall include educational materials to boat operators describing how ecological moorings work and specifying that boat operators shall utilize the ecological moorings.
Prior to the start of any in-water construction, the project proponent shall retain a qualified marine biologist to develop an eelgrass mitigation plan in compliance with the California Eelgrass Mitigation Policy. The mitigation plan shall be submitted to the District and resource agencies for approval and shall be implemented to compensate for losses to eelgrass in the event that the surveys described below indicate the project affected eelgrass. The eelgrass mitigation plan shall use updated eelgrass monitoring data to establish the amount of eelgrass present, and that data shall be collected within 6 months of the first draft of the mitigation plan. Additionally, the mitigation plan shall provide a summary of all mitigation sites considered during the evaluation and Timing:Prior to in-water
construction
Method:Provide contractor
education relative to the
presence and sensitivity of
eelgrass beds, utilize ecological
mooring systems, and develop
an eelgrass mitigation plan. 
Implementation:Applicable Project
Proponent for Component
MonitoringandReporting:

Qualified Marine-Biologist, Applicable
Project Proponent for Component
Verification: District and Resource
Agencies

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ20 September2022 
MitigationMeasures TimingandMethods ResponsibleParties provide the rationale for the chosen mitigation site(s). A mitigation site must be secured prior to in-water construction that would affect eelgrass.

Finally, the plan shall also include a habitat loss/gain analysis table and any changes to the losses or gains shall be captured in revisions to the mitigation plan as additional surveys as specified below are performed.

To the extent practical, the mitigation shall attempt to achieve the creation of a contiguous eelgrass bed with eelgrass density at or above that present within the patchy eelgrass beds present within the Sweetwater River Channel. This will provide for enhanced fisheries benefit and therefore benefit to fish-foraging avian species such as California least tern. The mitigation plan shall be provided with permit applications required under the Rivers and Harbors Act (Section 10) and CWA (Section 401, Section 404), which would require supplemental resource agency consultation during the permitting process. The specific eelgrass mitigation plan elements shall include the following:
x Prior to the commencement of any in-water construction activities, a qualified marine biologist that the project proponent retains and the District approves shall conduct a preconstruction eelgrass survey per the California Eelgrass Mitigation Policy. Surveys for eelgrass shall be conducted during the active eelgrass growing season (March– October), and results shall be valid for 60 days, unless completed in September or October; if completed in those months, results shall be valid until resumption of the next growing season. The qualified marine biologist shall submit the results of the preconstruction survey to the District and resource agencies within 30 days. x Within 30 days of completion of in-water construction activities, a qualified marine biologist that the project proponent retains and the District approves shall conduct a postconstruction eelgrass survey during the active eelgrass growing season. The postconstruction survey shall evaluate potential eelgrass impacts associated with construction. On completion of the postconstruction survey, the qualified marine biologist shall submit the survey report to the District and resource agencies within 30 days.
x At least 2 years of annual postconstruction eelgrass surveys shall be conducted during the active eelgrass growing season. The additional annual surveys shall evaluate the potential for operational impacts on eelgrass. Specifically, the surveys shall be designed to evaluate

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ21 September2022 
MitigationMeasures TimingandMethods ResponsibleParties potential shading impacts noted in the project’s marine biological assessment (Appendix H of the EIR).
x In the event that eelgrass impacts are detected during post- construction monitoring, the project proponent shall implement the following:
o A qualified marine biologist that the project proponent retains for the GB Capital Component and the District approves shall develop a mitigation plan for in-kind mitigation per the California Eelgrass Mitigation Policy. The qualified marine biologist shall submit the mitigation plan to the District and resource agencies within 60 days following the postconstruction survey.
o Mitigation for eelgrass impacts shall be at a ratio of 1.2:1, and the project proponent shall determine eelgrass mitigation sites prior to the commencement of construction activities.
o Mitigation shall commence within 135 days of any noted impacts on eelgrass, such that mitigation commences within the same eelgrass growing season that impacts occur.
o Any mitigation that requires harvesting and transplantation of eelgrass shall require the qualified marine biologist to obtain a scientific collecting permit from CDFW for the purpose of harvesting eelgrass to support the mitigation.
x Upon completing mitigation, the qualified biologist shall conduct mitigation performance monitoring at performance milestones of 0, 12, 24, 36, 48, and 60 months. The qualified biologist shall conduct all mitigation monitoring during the active eelgrass growing season and shall avoid the low-growth season (November–February).

Performance standards shall be in accordance with those prescribed in the California Eelgrass Mitigation Policy.
x The qualified biologist shall submit the monitoring reports and spatial data to the District and resource agencies within 30 days after the completion of each monitoring period. The monitoring reports shall include all of the specific requirements identified in the California Eelgrass Mitigation Policy.

MMǦBIOǦ13:ImplementOverwaterCoverageMitigationThroughthe USACEPermittingProcessinConsultationwithCCC,NMFS,USFWS, RWQCB,andtheDistricttoCompensateforLossofOpenWater Timing:Prior to construction
Method:Implement mitigation
to reduce overwater coverage,
Implementation:Applicable Project
Proponent for Component

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ22 September2022 
MitigationMeasures TimingandMethods ResponsibleParties HabitatandFunction(GBCapitalComponent). The waterside GB Capital Component within Sweetwater Channel shall require implementation of regulatory agency-approved mitigation prior to implementation of the project to reduce overwater coverage. This may include reduction in overwater coverage at another location in San Diego Bay, restoration of upland riparian habitats, restoration of submerged aquatic vegetation, water quality-improvement techniques, restoration of soft-bottom habitats, such as mud flats, or use of mitigation bank credits or credits from the USACE permit for the construction of the marina from uplands or paying an in lieu fee (once a program is developed but prior to increase in overwater coverage). Detailed shading studies would be required in the future when construction and project design details are available, which would require supplemental environmental review. The project proponent shall conduct the shading studies and implement the following:
x To the extent practical, overwater structures shall be placed in a manner that minimizes shading of eelgrass and avoids scouring impacts on the seabed.
x Prior to issuance of a Coastal Development Permit, the project proponent (i.e., GB Capital) shall request a pre-application meeting with the USACE, in consultation with CCC, NMFS, USFWS, RWQCB, and the District, to identify locations within San Diego Bay or the San Diego region to mitigate impacts on both sensitive avian species and nearshore habitat associated with loss of beneficial uses associated with overwater coverage and loss of open water-habitat function as a result of increased structural fill within San Diego Bay. x Prior to the commencement of construction activities of the waterside improvements of the GB Capital Component, the project proponent shall implement mitigation options that the regulatory agencies identified above review and approve.
x The project proponent shall secure all applicable permits for the mitigation of overwater coverage prior to commencement of waterside construction.
conduct shading studies, and
secure all applicable permits.

MonitoringandReporting:

Applicable Project Proponent for
Component
Verification: District, USACE, CCC, NMFS,
USFWS, and RWQCB
CulturalResources,TribalCulturalResources,andPaleontologicalResources MMǦCULǦ2:PrepareandImplementaCulturalResourcesMonitoring andDiscoveryPlan(BalancedPlan,GBCapitalComponent,Pasha Timing:Prior to ground-
disturbing activities
Implementation:All Project Proponents

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ23 September2022 
MitigationMeasures TimingandMethods ResponsibleParties RailImprovementComponent,PashaRoadClosuresComponent, BayshoreBikewayComponent). Prior to the commencement of any ground-disturbing activities within the areas requiring archaeological monitoring (i.e., activities occurring in the area that is both east of the mean high tide line and south of Bay Marina Drive), the respective project proponent shall retain a qualified archaeologist (approved by the District for components within its jurisdiction or the City for components within its jurisdiction) who meets the SOI Professional Qualification Standards (36 CFR 61) to prepare a CRMDP for designated portions of the Balanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component that are sensitive for archaeological resources,defined as the area east of the mean high tide line and south of Bay Marina Drive.

Monitoring areas are defined as land-based ground-disturbing activities associated with project components east of the mean high tide line and south of Bay Marina Drive.Procedures to follow in the event of an unanticipated discovery apply to all applicable project components. The CRMDP shall be submitted to the City and District, as applicable based on the jurisdiction in which the project component is located, and shall be reviewed and approved by the relevant agency. If the District or City do not have in-house expertise to review the CRMDP, they shall respectively hire an expert who meets the SOI Professional Qualification Standards (36 CFR 61) and the project proponent shall pay for said expert.

The District’s CRMDP review shall ensure that appropriate procedures to monitor construction and treat unanticipated discoveries are in place.

District review and approval of the CRMDP shall occur prior to the commencement of any construction activities subject to the requirements of the CRMDP. The CRMDP shall include required qualifications for archaeological monitors and supervising archaeologists and shall lay out protocols to be followed in relation to cultural resources, including both archaeological and tribal cultural resources.

The CRMDP shall provide a summary of sensitivity for buried cultural resources. In addition, it shall describe the roles and responsibilities of archaeological and Native American monitors, District personnel (as applicable), City personnel (as applicable), and construction personnel.

Additionally, the CRMDP shall describe specific field procedures to be followed for archaeological monitoring, including field protocol and methods to be followed should there be an archaeological discovery.

Method:
Retain a qualified
archaeologist to prepare a
Cultural Resources Monitoring
and Discovery Plan for
designated portions of
identified components.

MonitoringandReporting: Qualified
Archaeologist; All Project Proponents
Verification: District and City

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ24 September2022 
MitigationMeasures TimingandMethods ResponsibleParties Evaluation of resources; consultation with Native American individuals, tribes, and organizations; treatment of cultural remains and artifacts; curation; and reporting requirements shall also be described. The CRMDP shall also delineate the requirements, procedures, and notification processes in the event human remains are encountered.

The CRMDP shall delineate the area(s) of archaeological sensitivity that require archaeological monitoring. Mapping of the area(s) shall be made available to the project proponent, who shall incorporate this information into the respective construction specifications for the Balanced Plan Component, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component.

MMǦCULǦ3:PrepareandImplementaCulturalResourcesAwareness TrainingPriortoProjectConstruction(BalancedPlan,GBCapital Component,PashaRailImprovementComponent,PashaRoad ClosuresComponent,andBayshoreBikewayComponent). Prior to, and for the duration of, project-related ground disturbance in the areas east of the mean high tide line and south of Bay Marina Drive, the Balanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component respective project proponent shall hire a qualified archaeologistwho meets the SOI Professional Qualifications Standards (36 CFR 61) and is approved by the District for components within its jurisdiction, and the City for components within its jurisdiction, to provide cultural resources awareness training to project construction personnel. The training shall include a discussion of applicable laws and penalties under the law; samples or visual representations of artifacts that might be found in the project vicinity; and the steps that must be taken if cultural resources are encountered during construction, including the authority of archaeological monitors, if required to be on site during the project, to halt construction in the area of a discovery.

A hard copy summary of cultural resource laws, discovery procedures, and contact information shall be provided to all construction workers.

Completion of the training shall be documented for all construction personnel, who shall be required to sign a form confirming they have completed the training. The form shall be retained by the project proponent to demonstrate compliance with this mitigation measure.

Timing: Prior to and during
ground disturbance activities
Method: Provide cultural
resources awareness training to
project construction personnel
by an approved qualified
archaeologist.

Implementation: All Project Proponents
MonitoringandReporting: All Project
Proponents; Qualified Archaeologist
Approved by the District and City within
Respective Jurisdiction
Verification: District and City

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ25 September2022 
MitigationMeasures TimingandMethods ResponsibleParties MMǦCULǦ4:ConductArchaeologicalMonitoringinAreasof Sensitivity(BalancedPlan,GBCapitalComponent,PashaRail ImprovementComponent,PashaRoadClosuresComponent,and BayshoreBikewayComponent). Within the areas of theBalanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component east of the mean high tide line and south of Bay Marina Drive, the project proponent shall retain a qualified archaeologist(s) who meets the SOI Professional Qualifications Standards as promulgated in 36 CFR 61. The qualified archaeologist(s) shall supervise archaeological monitoring of all proposed ground-disturbing activities for the project in the archaeologically sensitive portion(s) of the project site. The archaeologically sensitive portion(s) of the project site isdefined as land- based ground-disturbing activities associated with project components east of the mean high tide line and south of Bay Marina Drive. Monitoring actions and procedures shall be completed per the CRMDP described in MMǦCULǦ2.

Timing: Prior to and during
ground-disturbing activities
Method: Supervise
archaeological monitoring of all
ground-disturbing activities in
archaeologically sensitive
portions of the project site.
Implementation:All Project Proponents
Monitoring
andReporting: All Project
Proponents, Qualified Archaeologist
Verification: District and City
MMǦCULǦ5:ConductNativeAmericanMonitoringinAreasof Sensitivity(BalancedPlan,GBCapitalComponent,PashaRail ImprovementComponent,PashaRoadClosuresComponent,and BayshoreBikewayComponent). A Kumeyaay Native American monitor shall be present at all areas designated for archaeological monitoring— defined as land-based ground-disturbing activities associated with the portions of the Balanced Plan, GB Capital Component, Pasha Rail Improvement Component, Pasha Road Closures Component, and Bayshore Bikeway Component that are east of the mean high tide line and south of Bay Marina Drive. This monitoring shall occur on an as- needed basis and is intended to ensure that Native American concerns are considered during the construction process. Native American monitors shall be retained from tribes who have expressed an interest in the project and have participated in discussions with the District. If a tribe has been notified of scheduled construction work and does not respond, or if a Native American monitor is not available, work may continue without the Native American monitor. Roles and responsibilities of the Native American monitors shall be detailed in the CRMDP described in mitigation measure MMǦCULǦ2. Costs associated with Native American monitoring shall be borne by the project proponent. Timing: During all ground-
disturbing activities
Method: Conduct Native
American monitoring at all
areas designated for
archaeological monitoring.
Implementation: All Project Proponents
MonitoringandReporting: All Project
Proponents, Kumeyaay Native American
Monitor
Verification: District and City

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ26 September2022 
MitigationMeasures TimingandMethods ResponsibleParties MMǦCULǦ6:ConductPaleontologicalMonitoringinAreasof Sensitivity(CityProgram–DevelopmentComponent,Bayshore BikewayComponent). A qualified paleontologist meeting the Society for Vertebrate Paleontology qualifications (retained by the respective project proponent and pre-approved by the District or City as applicable) shall review the paleontological records search prepared by the San Diego Natural History Museum to confirm the locations of paleontologically sensitive areas as well as the existing literature for the proposed project area. The following monitoring measures shall be implemented to recover remains before they are lost or destroyed. x Where highly sensitive fossil-bearing deposits are likely to be affected and the proposed construction methodology allows for the recovery of fossils, then paleontological monitoring shall be incorporated into the project specifications.
x A qualified paleontologist shall attend preconstruction meetings to consult with the grading and excavation contractors concerning excavation schedules, paleontological field techniques, and safety issues. A qualified paleontologist is defined as an individual with an M.S. or Ph.D. in paleontology or geology who is familiar with paleontological procedures and techniques, who is knowledgeable in the geology and paleontology of San Diego County, and who has worked as a paleontological monitoring project supervisor in the county for at least 1 year.
x A paleontological monitor shall be on site on a full-time basis during the original cutting of previously undisturbed deposits of high- sensitivity formations to inspect exposures for contained fossils. The paleontological monitor shall work under the direction of the qualified paleontologist. A paleontological monitor is defined as an individual who has experience in the collection and salvage of fossil materials.
x If fossils are discovered, the paleontologist (or paleontological monitor) shall recover them. In most cases, this fossil salvage can be
completed in a short period of time; however, some fossil specimens, such as a complete large mammal skeleton, may require an extended salvage period. In these instances the paleontologist (or paleontological monitor) shall be allowed to temporarily direct, divert, or halt grading to allow recovery of fossil remains in a timely Timing:Prior to and during
construction
Method:Review
paleontological records and
implement paleontological
monitoring measure.

Implementation:Applicable Project
Proponents for Components, Qualified
Paleontologist Pre-approved by the
District and City within Respective
Jurisdiction
MonitoringandReporting: Applicable
Project Proponents for Components,
Qualified and Pre-approved
Paleontologist
Verification: District and City

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ27 September2022 
MitigationMeasures TimingandMethods ResponsibleParties manner. Because of the potential for the recovering of small fossil remains, such as isolated mammal teeth, it may be necessary to set up a screen-washing operation on site.
x Fossil remains collected during the monitoring and salvage portion of the program shall be cleaned, repaired, sorted, and catalogued. x Prepared fossils, along with copies of all pertinent field notes, photos, and maps, shall be deposited (as a donation) in a scientific institution with permanent paleontological collections, such as the San Diego Natural History Museum. Donation of the fossils by the project proponent shall be accompanied by financial support for initial specimen storage.
x A final data recovery report shall be completed that outlines the results of the monitoring program. This report shall include discussions of the methods used, stratigraphic section(s) exposed, fossils collected, and significance of recovered fossils.

GreenhouseGasEmissionsandClimateChange  
MMǦGHGǦ1:ImplementDieselEmissionǦReductionMeasuresDuring ProjectConstructionandOperation(AllProjectComponents).The project proponent/operator and/or its contractor(s) for each component of the proposed project shall implement the following measures during project construction and operation and, where specified below, submit reports demonstrating compliance for review and approval to the District’s Development Services Department (or successor department) for project components in the District’s jurisdiction or the City’s Community Development Department for project components in the City’s jurisdiction.

1. Construction:
a. The project proponent shall verify that all construction equipment is maintained and properly tuned, in accordance with manufacturers’ specifications. Prior to the commencement of construction activities using diesel-powered vehicles or equipment, the project proponent shall verify that all vehicles, as well as equipment, have been checked by a certified mechanic and determined to be running in proper condition prior to admittance into the delivery driveway and loading areas. The project proponent shall submit a report prepared by the certified Timing:During project
construction and operation
Method:Implement diesel
emission-reduction measures
and submit reports
demonstrating compliance
where specified.

Implementation:All Project
Proponents/Operator and Contractor(s)
MonitoringandReporting: All Project
Proponents/Operator
Verification: District’s Development
Services Department and City’s
Community Development Department

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ28 September2022 
MitigationMeasures TimingandMethods ResponsibleParties mechanic regarding the construction vehicles’ and equipment’s compliance with this requirement to the District’s Development Services Department (or successor department) or the City’s Community Development Department prior to commencement
of their use.
b. The project proponent shall limit all construction truck idling times by shutting down trucks when not in use and reducing the maximum idling time to less than 3 minutes. The project proponent shall install clear signage regarding the limitation on idling time at the construction entrance(s) and shall submit monthly reports of violators to the District. Repeat violators shall be subject to penalties pursuant to the California Airborne Toxics Control Measure, 13 CCR Section 2485.
c. Prior to commencing construction activities, the project proponent shall ensure that all off-road construction equipment shall meet the following criteria:
i. For all construction between 2020 and 2025, ensure all equipment is Tier 3 or better (cleaner);
ii. For all construction after 2025, ensure all equipment is alternatively fueled or electrically powered. If alternatively fueled or electrically powered equipment that emits fewer emissions than Tier 4 or better (cleaner) equipment is not available, then the project proponent shall ensure all
equipment is Tier 4 or better; and
iii. Use renewable diesel fuel in all heavy-duty, off-road diesel- fueled equipment. Renewable diesel must meet the most
recent ASTM D975 specification for ultra-low-sulfur diesel and have a carbon intensity no greater than 50% of diesel with the lowest carbon intensity among petroleum diesel fuels sold in California.

2. Operation: The project proponent shall limit all delivery truck idling times by shutting down trucks when not in use and reducing the maximum idling time to less than 3 minutes. The project proponent shall install clear signage regarding the limitation on idling time at the delivery driveway and loading areas and shall submit annual reports of violators to the District. This measure shall be implemented by the hotel and marina supervisors. Repeat violators

SanDiegoUnifiedPortDistrict

MitigationMonitoringandReportingProgram


NationalCityBayfrontProjectsandPlanAmendments
FinalEnvironmentalImpactReport MMRPͲ29 September2022 
MitigationMeasures TimingandMethods ResponsibleParties shall be subject to penalties pursuant to the California Airborne Toxics Control Measure, 13 CCR Section 2485.

MMǦGHGǦ2:ComplywithDistrictCAPMeasures(BalancedPlan,GB CapitalComponent,PashaRailImprovementComponent,Bayshore BikewayComponent[OnlyAreawithinDistrictJurisdiction]). Prior to approval of the final design plans, the project proponent/operator and/or its contractor(s) for each component of the proposed project shall list all applicable GHG-reducing measures from the District CAP and demonstrate in the plans where the measures shall be located. A report demonstrating compliance shall be submitted to the District’s Development Services Department (or successor department). Buildings associated with the proposed project components shall achieve certification under the Leadership in Energy and Environmental Design (LEED) program, or the Green Building Rating Systems of the Green Building Certification Institute, or achieve equivalent efficiency if it is determined that LEED certification cannot be achieved because of site factors or other reasons. For construction where LEED or an equivalent program or efficiency certification is not applicable (e.g., dry boat storage), all other applicable measures below shall be required, subject to verification of the District’s Development Services Department (or successor department).

The following is a list of the proposed sustainability measures that would be consistent with the District CAP. Any measures selected shall be required and incorporated into the Coastal Development Permit for each project component.
x General Measures
o No commercial drive-through shall be implemented.
x Water
o Indoor water consumption shall be reduced to a level 20% lower than that of the baseline buildings (defined by LEED as indoor water use after meeting Energy Policy Act of 1992 fixture performance requirements) through use of low-flow fixtures in all administrative and common-area bathrooms.
o Plantings with low water requirements and drip irrigation shall be installed, and domestic water demand from the City system for landscaping purposes shall be minimized.

Timing:Prior to approval of
final design plans
Method:Demonstrate
compliance with all applicable
GHG-reducing measures from
the District CAP and achieve
LEED certification or equivalent
efficiency in buildings where
applicable.

Implementation:Applicable Project
Proponents for Components/Operator or
Contractor(s)
MonitoringandReporting:Applicable
Project Proponents for Components
Verification: District’s Development
Services Department