National City City Council
April 4, 2023

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Brad Raulston, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Thank you for participating in local government and the City of National City Council Meetings.

Meetings: Regular City Council Meetings are held on the first and third Tuesday of the month at 6:00 p.m. Special Closed Session Meeting and Workshops may be same day, t he start time is based on needs. Check Special Agendas for times.

Location: Regular City Council Meetings are held in the Council Chamber located at City Hall, 1243 National City Boulevard, National City, CA 91950, the meetings are open to the public.

Agendas and Material: Agendas and Agenda Packet for items listed are available on the City website, and distributed to the City Council no less than 72 hours prior to the Ci ty Council Meeting. Sign up for E-Notifications to receive alerts when items are posted.

Public Participation: 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, or participate remotely via Zoom. Recording of Meetings are archived and available for viewing on the City’s website.

Public Comment: 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. All commen ts will be limited up to three (3) minutes. The Presiding Officer shall have the authority to reduce the time allotted to accommodate for a large number of speakers. (City Council Policy 104) If you wish to submit written comment email to the City Clerk’s Office at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council.

Spanish Interpretation Services: Spanish Interpretation Services are available, please contact the City Clerk prior to the start of the meeting for assistance.

American Disabilities Act Title II: In compliance with the American Disabilities Act of 1990, persons with a disability may request an agenda in appropriate alternative formats as required by Title II. 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.

AGENDA
Consolidated Regular Meeting
City Council Chamber - 1243 National City
Boulevard, National City, CA
Ron Morrison, Mayor
Luz Molina, Vice-Mayor Brad Raulston, City Manager Marcus Bush, Councilmember Barry J. Schultz, City Attorney Jose Rodriguez, Councilmember Shelley Chapel, MMC, City Clerk Ditas Yamane, Councilmember R. Mitchel Beauchamp, City Treasurer _______________________________________________________________________

The City Council also sits as the City of National City Community Development Commission, Housing Authority, Joint Powers Financing Authority, and Successor Agency to the Community Development Commission as the National City Redevelopment Agency
Gracias por participar en las reuniones del gobierno local y del Consejo de la Ciudad de National City.

Reuniones: Las reuniones regulares del Consejo Municipal se llevan a cabo el primer y te rcer martes del mes a las 6:00 p.m. La reunión especial de sesión privada y los talleres pueden ser el mismo día, la hora de inicio se basa en las necesidades. Consulte las agendas especiales para conocer los horarios.

Ubicación: Las reuniones regulares del Concejo Municipal se llevan a cabo en la Cámara del Consejo ubicada en el Ayuntamiento, 1243 National City Boulevard, National City, CA 91950, las reuniones están abiertas al público.

Agendas y Material: Las Agendas y el Paquete de Agenda para los tem as enumerados están disponibles en el sitio web de la Ciudad y se distribuyen al Concejo Municipal no menos de 72 horas antes de la Reunión del Concejo Municipal. Regístrese para recibir notificaciones electrónicas cuando se publiquen artículos.

Participación pública: Se fomenta de varias maneras como se describe a continuación. Los miembros del público pueden asistir a la Reunión del Concejo Municipal en persona, ver la Reunión del Concejo Municipal a través de la transmisión web en vivo o participar de forma remota a través de Zoom. Las grabaciones de las reuniones están archivadas y disponibles para su visualización en el sitio web de la Ciudad.

Comentario Público: Las personas que deseen dirigirse al Concejo Municipal sobre asuntos que no están en la agenda pueden hacerlo bajo Comentarios públicos. Quienes deseen hacer uso de la palabra sobre los temas del programa podrán hacerlo cuando se esté examinando el tema.

Por favor, envíe una solicitud del orador al Secretario de la Ciudad antes de la reuni ón o inmediatamente después del anuncio del artículo. Todos los comentarios estarán limitados a tres (3) minutos. El Presidente tendrá la autoridad para reducir el tiempo asignado para dar cabida a un gran número de oradores. (Política del Concejo Municipal 104) Si desea enviar comentarios por escrito, envíe un correo electrónico a la Oficina del Secretario de la Ciudad al menos 2 horas antes de la Reunión del Consejo Municipal para dar tiempo a la distribución al Consejo Municipal.

Servicios de interpretación en español: Los servicios de interpretación en español están disponibles, comuníquese con el Secretario de la Ciudad antes del inicio de la reunión para obtener ayuda.

Título II de la Ley de Discapacidades Americanas: En cumplimiento con la Ley de Discapacidades Americanas de 1990, las personas con discapacidad pueden solicitar una agenda en formatos alternativos apropiados según lo requerido por el Título II. Cualquier persona con una discapacidad que requiera un modificación o adaptación para parti cipar en una reunión debe dirigir dicha solicitud a la Oficina del Secretario de la Ciudad (619) 336 -4228 al menos 24 horas antes de la reunión.

AGENDA
Consolidated Regular Meeting

Tuesday, April 4, 2023, 6:00 p.m.

City Council Chamber - 1243 National City Boulevard
National City, CA
Pages

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE TO THE FLAG

4. PUBLIC COMMENT
In accordance with State law, an item not scheduled on the agenda may be brought forward by the general public for comment; however, the City Council will not be able to discuss or take action on any issue not included on the agenda. Speakers will have up to three (3) minutes.

5. PROCLAMATIONS AND RECOGNITION

5.1 Fair Housing Month Proclamation 5

5.2 Introduction of New City Employees 6

6. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each)

7. CONSENT CALENDAR
The Consent Calendar may be enacted in one motion by the City Council with a Roll Call Vote without discussion unless a Councilmember, a member of the Public, or the City Manager request an item be removed for discussion. Items removed from the Consent Calendar will be considered immediately following the adoption of the Calendar.

7.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda

7.2 Police Captain Salary Increase 7
Recommendation:

Adopt the Resolution of the City of National City, California, amending the National City Management Salary Schedule for the position of Police Captain.

7.3 Authorize an agreement with Blue Violet Networks to provide video surveillance and access control products and related services.
14 Recommendation:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to execute an agreement with A3 Communications, Inc., DBA Blue Violet Networks, for a not-to-exceed amount of $150,000 to provide video surveillance and access control products and related services.”

7.4 Approval of Letter of Support for Assembly Bill 436 to Allow Cruising Across California
41 Recommendation:

Approve, send and file.

7.5 Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for a new Wireless Communications Facility to be located at 1900 National City Blvd.
43 Recommendation:

Receive and File

7.6 Temporary Use Permit — St. Anthony of Padua Church presentation of the “Live Stations of the Cross” starting at 410 W. 18th Street on April 7, 2023 from 3 p.m. to 4 p.m. with no waiver of fees.
98 Recommendation:

Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802.

7.7 Warrant Register #33 for the period of 2/10/23 through 2/16/23 in the amount of $556,762.50.
117
Recommendation:

Ratify Warrants Totaling $556,762.50

7.8 Warrant Register #34 for the period of 2/17/23 through 2/23/23 in the amount of $2,267,953.57
120
Recommendation:

Ratify Warrants Totaling $2,267,953.57

8. PUBLIC HEARING
The following item(s) have been advertised as public hearing(s) as required by law.

8.1 Consideration of the findings of the Balanced Plan Environmental Impact Report and Mitigation Monitoring and Reporting Program (MMRP). 124
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.

8.2 Approval of Amendment to City’s Local Coastal Program reflecting jurisdictional boundary changes affected by the Port of SD - National City Balanced Plan and expansion of the Bayshore Bikeway
344
Recommendation:

Adopt the Resolution entitled, “Resolution of the City Council of the City of National City, California, Approving a Local Coastal Program (LCP) Amendment to Reflect Jurisdictional Boundary Changes Affected by the Port of San Diego’s National City Balanced Plan and Expansion of the Bayshore Bikeway."

8.3 Authorizing the sale of real properties known as APNs: 559-117-04, 559-117- 05, 559-117-06, 559-117-07, 559-117-12 & declaring that the properties are no longer needed for City purposes & that such properties are non-exempt under the Surplus Land Act
424
Recommendation:

Adopt the Resolution of the City Council of the City of National City, California, authorizing the sale of real properties known as APNs: 559-117-04, 559-117- 05, 559-117-06, 559-117-07, and 559-117-12 and declare the properties as no longer needed for City purposes and that such properties are non-exempt under the Surplus Land Act.

8.4 Authorizing the Sale of Real Property known as APN: 559-118-02 and Declaring that the property is no longer needed for City purposes and that the property is exempt under the Surplus Land Act.
429
Recommendation:

Adopt the Resolution of the City Council of the City of National City, California, Authorizing the Sale of Real Property known as APN: 559-118-02 and Declaring that the property is no longer needed for City purposes and that the property is exempt under the Surplus Land Act.

8.5 Public Hearing and Resolution approving the Section 8 Housing Choice Voucher Program Fiscal Year 2023-2024
434
Recommendation:

Conduct the public hearing, receive public input, and adopt a Resolution

entitled, “Resolution of the Community Development Commission–Housing Authority of the City of National City, California, approving the Streamlined Annual Public Housing Agency Plan for the Housing Choice Voucher Program for Fiscal Year 2023-2024 and authorizing the submittal of the Plan to the U.S.

Department of Housing and Urban Development.”

8.6 Second Reading and Adoption of Ordinance amending Title 18 (Zoning) of the National City Municipal Code to create an Interim Use Ordinance related to the use of nonconforming buildings within the City.
457
Recommendation:

Adopt the Ordinance

8.7 Introduction and First Reading of the Ordinance Amending Title 11 of the National City Municipal Code (NCMC) – Vehicles and Traffic. 463
Recommendation:

Introduce Ordinance by First Reading entitled, “Ordinance of the City Council of the City of National City, California, Amending Title 11 of the National City Municipal Code – Vehicles and Traffic by Repealing Chapter 11.68 (Cruising) and Implementing the City’s Parking Program.”

9. STAFF REPORTS

9.1 Consider Authorizing City Attorney to Hire Special Counsel to prepare response regarding 105 Request Primary Voting System
584
Recommendation:

Consider authorizing preparation and allocating funds.

10. CITY MANAGER’S REPORT

11. ELECTED OFFICIALS REPORT

12. CITY ATTORNEY REPORT

13. ADJOURNMENT
Regular Meeting of the City Council of the City of National City - Tuesday, April 18, 2023 - 6:00 p.m. - Council Chambers - National City, California.

AGENDA REPORT

Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Service Director Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Police Captain Salary Increase

RECOMMENDATION:

Adopt the Resolution of the City of National City, California, amending the National City Management Salary Schedule for the position of Police Captain.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Within the National City Police Department, the rank structure of leadership goes from Lieutenant, a Police Officer Association (POA) represented position, to Captain, a Management group position. During the last collective bargaining agreemen t between the City and the POA, the benefits for a Lieutenant with an Advanced POST certification increased to 9% of base pay as of July 2022 and 10% of base pay as of July 2023. This increase, along with the wage increase POA members received in August 2022 as a result of the regional salary survey, have resulted in the compensation package for Lieutenant and Captain being almost equivalent. As of July 2023, a Lieutenant at top step with an Advanced POST certification will receive $183,032.71 per year in base salary plus POST pay. Once promoted to Captain, those individuals no longer receive POST pay. As of July 2023, a National City Captain at top step will be paid $184,161.76. A difference of $1,129.05 more than a Lieutenant, or 0.6% more.

The City strives to maintain some level of differential between positions in a series in order to recognize the higher-level duties of the higher-level position, as well as incentivize employees to promote. In accordance with the POA MOU, Lieutenants may r eceive an additional salary increase in September of this year based on the results of the regional salary survey. Therefore, staff is recommending a 3% increase to the base salary of Captain to be effective the first full pay period following City Council approval. This will create a 3.6% differential between the top step Lieutenant plus POST pay and top step Captain compensation.

The already approved equity increase and COLA for Management employees for February 2024 is 5.76% for Captains, which should maintain a differential even after the potential Lieutenant increase in September 2023. However, if the regional salary survey results come back higher than anticipated, staff may return to this topic at a future City Council agenda once again.

FINANCIAL STATEMENT:

A 3% salary increase for the City’s two Captains will cost approximately $14,000 over a one-year period. For the remainder of fiscal year 2023, the cost will be $2,900. Due to savings from other vacancies within the Police Department, the Police budget for full-time salaries has enough allocated to cover the $2,900 for fiscal year 2023 with no additional appropriations necessary at this time. If approved, the $14,000 increase will be added to the fiscal year 2024 preliminary budget.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

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

EXHIBITS:

Exhibit A – Management Salary Schedule
Exhibit B – Resolution

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2023
Asst Director of PW/Engineering 9,629.75$ – 13,475.03$ 115,556.96 $ – 161,700.36 $ Battalion Chief ² 8,909.86$ – 12,150.52$ 106,918.33 $ – 145,806.23 $ Budget Manager 6,586.07$ – 10,942.52$ 79,032.82 $ – 131,310.23$ Building Official 8,071.68$ – 12,003.17$ 96,860.15 $ – 144,038.05$ Community Development Manager 8,039.06$ – 11,084.12$ 96,468.73 $ – 133,009.43$ Community Development Specialist III 6,453.17$ – 9,699.44 $ 77,438.00 $ – 116,393.32$ Community Services Manager 6,330.63$ – 9,821.12 $ 75,967.52 $ – 117,853.42$ Deputy City Attorney 8,074.32$ – 11,842.34$ 96,891.87 $ – 142,108.10$ Deputy City Clerk 6,000.10$ – 8,326.19 $ 72,001.20 $ – 99,914.25 $ Deputy Director of Human Resources 8,146.57$ – 11,232.36$ 97,758.89 $ – 134,788.29$ Equipment Maint Supervisor 5,997.13$ – 9,071.85 $ 71,965.56 $ – 108,862.22$ Facilities Maint Supervisor 4,630.17$ – 7,711.14 $ 55,562.05 $ – 92,533.69 $ Financial Services Officer 8,267.75$ – 11,321.03$ 99,212.94 $ – 135,852.35$ Homelessness Services Coordinator 7,368.07$ – 10,035.32$ 88,416.84 $ – 120,423.84$ Housing Programs Manager 7,414.34$ – 10,375.83$ 88,972.11 $ – 124,510.00$ Human Resources Manager 8,146.57$ – 11,232.36$ 97,758.89 $ – 134,788.29$ Information Technology Manager 8,961.99$ – 11,641.69$ 107,543.87 $ – 139,700.25 $ Management Analyst I 4,385.73$ – 6,673.69 $ 52,628.75 $ – 80,084.31 $ Management Analyst II 4,984.60$ – 7,584.44 $ 59,815.24 $ – 91,013.28 $ Management Analyst III 5,578.55$ – 8,495.18 $ 66,942.63 $ – 101,942.12$ Neighborhood Council Coordinator 5,467.58$ – 8,326.19 $ 65,610.98 $ – 99,914.25 $ Neighborhood Services Manager 4,660.05$ – 9,490.53 $ 55,920.62 $ – 113,886.38$ Nutrition Program Manager 5,070.96$ – 9,170.92 $ 60,851.53 $ – 110,051.03$

POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
1 Compensation Plan (Mgmt Positions)
Revised 05/03/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2023
Park Superintendent 6,669.28$ – 9,500.58 $ 80,031.33 $ – 114,006.94$ PIO/Mgmt Analyst III 5,821.35$ – 8,864.92 $ 69,856.23 $ – 106,379.04$ Planning Manager 8,274.15$ – 10,871.08$ 99,289.86 $ – 130,453.00$ Police Captain ¹ 12,254.60$ – 15,807.22 $ 147,055.24 $ – 189,686.61 $ Police Support Services Manager 8,446.62$ – 9,346.74 $ 101,359.39$ – 112,160.85 $ Principal Civil Engineer 9,572.05$ – 11,915.60$ 114,864.55 $ – 142,987.22 $ Principal Librarian 7,164.83$ – 9,175.15 $ 85,977.93 $ – 110,101.78$ Principal Planner 7,875.42$ – 10,347.19$ 94,504.99 $ – 124,166.27$ Project Officer 6,159.07$ – 9,439.24 $ 73,908.84 $ – 113,270.89$ Purchasing Agent 5,699.04$ – 9,908.69 $ 68,388.46 $ – 118,904.27$ Recreation Superintendent 6,395.87$ – 9,170.92 $ 76,750.42 $ – 110,051.03$ Risk Manager 5,987.35$ – 11,012.65$ 71,848.15 $ – 132,151.77$ Senior Accountant 6,643.78$ – 8,267.75 $ 79,725.39 $ – 99,212.94 $ Special Assistant to the Mayor 4,697.55$ – 7,433.57 $ 56,370.55 $ – 89,202.81 $ Street Maintenance Supervisor 5,447.32$ – 7,711.14 $ 65,367.82 $ – 92,533.69 $ Street & Wastewater Maint Superintendent 6,708.01$ – 9,896.19 $ 80,496.14 $ – 118,754.24$ Traffic Engineer 9,205.57$ – 11,920.60$ 110,466.87 $ – 143,047.19 $ Wastewater Supervisor 5,879.62$ – 7,869.16 $ 70,555.49 $ – 94,429.92 $ ¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance

POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
2 Compensation Plan (Mgmt Positions)
Revised 05/03/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2024
Asst Director of PW/Engineering 10,270.12$ – 14,371.12 $ 123,241.50 $ – 172,453.43 $ Battalion Chief ² 9,473.85$ – 12,919.65$ 113,686.26 $ – 155,035.76 $ Budget Manager 7,128.76$ – 11,844.18$ 85,545.13 $ – 142,130.20$ Building Official 8,614.10$ – 12,809.78$ 103,369.15 $ – 153,717.41 $ Community Development Manager 8,443.43$ – 11,641.65$ 101,321.10 $ – 139,699.80 $ Community Development Specialist III 6,737.75$ – 10,127.19$ 80,853.02 $ – 121,526.27$ Community Services Manager 6,520.55$ – 10,115.75$ 78,246.54 $ – 121,389.03$ Deputy City Attorney 8,771.94$ – 12,865.52$ 105,263.33 $ – 154,386.24 $ Deputy City Clerk 6,180.10$ – 8,575.97 $ 74,161.24 $ – 102,911.67$ Deputy Director of Human Resources 8,613.37$ – 11,875.97$ 103,360.48 $ – 142,511.65 $ Equipment Maint Supervisor 6,177.04$ – 9,344.01 $ 74,124.52 $ – 112,128.08$ Facilities Maint Supervisor 4,769.08$ – 7,942.48 $ 57,228.91 $ – 95,309.70 $ Financial Services Officer 8,686.92$ – 12,054.63$ 104,243.04 $ – 144,655.58 $ Homelessness Services Coordinator 7,589.11$ – 10,336.38$ 91,069.32 $ – 124,036.56$ Housing Programs Manager 7,814.72$ – 10,936.13$ 93,776.60 $ – 131,233.54$ Human Resources Manager 8,613.37$ – 11,875.97$ 103,360.48 $ – 142,511.65 $ Information Technology Manager 9,557.96$ – 12,415.86$ 114,695.53 $ – 148,990.31 $ Management Analyst I 4,562.91$ – 6,943.31 $ 54,754.95 $ – 83,319.71 $ Management Analyst II 5,185.98$ – 7,890.85 $ 62,231.78 $ – 94,690.21 $ Management Analyst III 5,803.93$ – 8,838.38 $ 69,647.11 $ – 106,060.58$ Neighborhood Council Coordinator 5,631.61$ – 8,575.97 $ 67,579.31 $ – 102,911.67$ Neighborhood Services Manager 4,909.36$ – 9,998.28 $ 58,912.38 $ – 119,979.31$ Nutrition Program Manager 5,294.59$ – 9,575.36 $ 63,535.09 $ – 114,904.28$

POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
1 Compensation Plan (Mgmt Positions)
Revised 5/03/2022

City of National City
Human Resources Department

MANAGEMENT POSITIONS
February 2024
Park Superintendent 7,087.44$ – 10,096.26$ 85,049.29 $ – 121,155.18$ PIO/Mgmt Analyst III 6,186.93$ – 9,421.64 $ 74,243.20 $ – 113,059.64$ Planning Manager 8,522.38$ – 11,197.22$ 102,268.55 $ – 134,366.59 $ Police Captain ¹ 12,960.47$ – 16,717.71 $ 155,525.63 $ – 200,612.56 $ Police Support Services Manager 9,217.79$ – 10,200.09$ 110,613.51 $ – 122,401.13 $ Principal Civil Engineer 10,177.96$ – 12,669.86 $ 122,135.48 $ – 152,038.31 $ Principal Librarian 7,398.40$ – 9,474.26 $ 88,780.81 $ – 113,691.10$ Principal Planner 8,492.85$ – 11,158.41$ 101,914.18 $ – 133,900.90 $ Project Officer 6,343.84$ – 9,722.42 $ 76,126.10 $ – 116,669.02$ Purchasing Agent 5,870.01$ – 10,205.95$ 70,440.11 $ – 122,471.40$ Recreation Superintendent 6,677.93$ – 9,575.36 $ 80,135.12 $ – 114,904.28$ Risk Manager 6,289.11$ – 11,567.69$ 75,469.30 $ – 138,812.22$ Senior Accountant 6,980.62$ – 8,686.92 $ 83,767.47 $ – 104,243.04$ Special Assistant to the Mayor 4,838.47$ – 7,656.57 $ 58,061.67 $ – 91,878.89 $ Street Maintenance Supervisor 5,610.74$ – 7,942.48 $ 67,328.85 $ – 95,309.70 $ Street & Wastewater Maint Superintendent 7,275.51$ – 10,733.40$ 87,306.12 $ – 128,800.85$ Traffic Engineer 9,934.65$ – 12,864.71$ 119,215.85 $ – 154,376.53 $ Wastewater Supervisor 6,117.75$ – 8,187.86 $ 73,412.99 $ – 98,254.33 $ ¹ Police Captain receives a $750 Uniform Allowance
² Battalion Chief receives a $650 Uniform Allowance

POSITION TITLE SALARY BAND SALARY BAND
(MONTHLY) (ANNUAL)
2 Compensation Plan (Mgmt Positions)
Revised 5/03/2022

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ,

AMENDING THE NATIONAL CITY MANAGEMENT SALARY SCHEDULE FOR THE POSITION

OF POLICE CAPTAIN

WHEREAS, Police Lieutenant and Police Captains are currently being paid a similar amount of income; and
WHEREAS, the City strives to maintain some level of differential between positions in a series in order to recognize the higher -level duties of the higher -level position, as well as incentivize employees to promote; and
WHEREAS, a 3% salary increase for Police Captains will bring the differential between Lieutenant and Captain to 3.6%; and
WHEREAS, City staff recommends amending the National City Management Salary Schedule to provide Police Captains a 3% increase effective the first full pay period following City Council adoption.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves a salary increase of 3% f or the Police Captain classification in the Management Salary Schedule as illustrated Exhibit A.

Section 2: This Resolution shall take effect immediately upon its passage.

Section 3: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 4th day of April, 2023.

Ron Morrison, Mayor

ATTEST:

Shelley Chapel, MMC, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: Engineering
Prepared by: Tirza Gonzales, Management Analyst II
Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Authorize an agreement with Blue Violet Networks to provide video surveillance and access control products and related services.

RECOMMENDATION:

Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Mayor to execute an agreement with A3 Communications, Inc., DBA Blue Violet Networks, for a not -to-exceed amount of $150,000 to provide video surveillance and access control products and related services.”

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

The City owns and operates a network of 170 cameras in various locations. In order to properly operate this network, the City desires to enter into a three -year agreement with Blue Violet Networks. This agreement will perform the necessary upgrades to the equipment listed in Exhibit A, including but not limited to the following:

 Replacement of existing Pan, Tilt, and Zoom (PTZ) cameras and wireless radios on Roosevelt Street, 4th, 5th, 7th, and 8th Street.
 Replace all Analog cameras at City Hall, National City Police Department, National City Public Library and National City Fire Department with new network IP cameras.  Remove old analog encoders from system and utilize licensing.  Install new cable for National City Police Department Dual Head cameras.  Removal of Kimball Park Skate Park cameras located at the National City Public Library.

In addition, this agreement will provide maintenance services for the duration of the agreement for the cameras listed in Exhibit B.

Blue Violet Networks is our current provider of equipment and services for the City and has installed the majority of the cameras citywide. They are a California Multiple Award Schedules (CMAS) supplier and provide government pricing through a streamlined procurement process available to state and local government agencies. NCMC Section 2.60.260 – Cooperative Purchasing - provides authority to the purchasing agent to join with other public jurisdictions to take advantage of cooperative purchasing opportunities, including but not limited to any federal, state or local agency pricing program or structure that is determined by the purchasing agent to allow a procurement that is in the best interests of the City. The purchasing agent may buy directly from a vendor at a price established through competitive bidding by another public agency whose

procedures have been determined by the purchasing agent to be in substantial compliance with the City's procurement procedures, irrespective of the contracting limits of that jurisdiction or agency, even if the City had not initially joined with that public agency in the cooperative purchase.

Funds are appropriated through the Capital Improvement Program (CIP) and the operational budget in the Information Systems division as part of the Annual Budget process. Maintenance services will be used on an as-needed basis through approved budget.

Therefore, staff recommends Council authorize an agreement with Blue Violet Networks in a not-to-exceed amount of $150,000 to provide video surveillance and access control products and related services.

FINANCIAL STATEMENT:

Expenditure Account No. 629-409-500-598-1500 – CIP Information Systems Facilities Upgrades - $80,000 (one time)
Expenditure Account No. 629 -403-082-299-0000 - Information Systems Contract Services - $70,000 (spread over three years)

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

EXHIBITS:

1. Agreement

2. Exhibit A - Quote

3. Exhibit B – Cameras by Location

4. Resolution

AGREEMENT

BY AND BETWEEN

THE CITY OF NATIONAL CITY
A3 COMMUNICATIONS INC.

DBA BLUE VIOLET NETWORKS
TH
IS AGREEMENT is entered into on this 4th day of April , 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation (the “CITY”), and A3 COMMUNICATIONS INC., DBA BLUE VIOLET NETWORKS (the “CONSULTANT”).

R E C I T A L S
WHEREAS, the CITY desires to employ a CONSULTANT to provide video surveillance and access control products and related services, including but not limited, to replacing all analog cameras at various City of National City buildings with new IP cameras, installing new cable for PD dual head cameras, removing Skate Park cameras located at the Library, and replacing existing PTZ and wireless radios.

WHEREAS, the CITY has determined that the CONSULTANT is a video surveillance and access control products and services company and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services.

NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS:

1. ENGAGEMENT OF CONSULTANT . The CITY agrees to engage the CONSULTANT to provide video surveillance and access control products and related services, including but not limited, to replacing all analog cameras at various City of National City buildings with new IP cameras, installing new cable for PD dual head cameras, removing Skate Park cameras located at the Library, and replacing existing PTZ and wireless radios , and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein.

The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.

2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 4, 2023. The duration of this Agreement is for the period of April 4 , 2023 through June 30, 2026. Completion dates or time durations for specific portions of the project are set forth in Exhibit “A”.

3. SCOPE OF SERVICES . The CONSULTANT will provide video surveillance and access control products and related services, including but not limited, to replacing all analog cameras at various City of National City buildings with new IP cameras, installing new cable for PD dual head cameras, removing Skate Park cameras located at the Library, and replacing existing PTZ and wireless radios.

The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings specified in Exhibit “A” to keep staff and City Council advised of the progress on the project.

The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services.

4. PROJECT COORDINATION AND SUPERVISION. Roberto Yano, Director of Public Works/City Engineer hereby is designated as the Project Coordinator for the CITY and will monitor the progr ess and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Nick Allard thereby is designated as the Account Manager for the CONSULTANT.

5. COMPENSATION AND PAYMENT . The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also m aterials, if any. The total cost for all work described in Exhibit “A” shall not exceed $150,000. The compensation for the CONSULTANT’S work shall not exceed the rates set forth in Exhibit “A”. Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit “A”, as determined by the CITY.

The CONSULTANT shall maintain all books, documents, pa pers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY , and for furnishing of copies to the CITY, if requested.

6. ACCEPTABILITY OF WORK . The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services perf ormed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due.

In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the sam e with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT.

7. DISPOSITION AND OWNERSHIP OF DOCUMENTS . The Memoranda, Reports, Maps, Drawings, Plans, Specifications , and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall : (1) be free from defects ; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement.

Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications , or other work prepared under this A greement, except upon the CITY’S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer.

The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium , or method utilize the CONSULTANT’S written work product for the CITY’S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.

Any modification or reuse by the CITY of documents, drawings , or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed.

8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners , or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT’S employees are employee s of the CITY , and are not entitled to any of the rights, benefits, or privileges of the CITY’S employees, including but not limited to retirement, medical, unemploy - ment, or workers’ compensation insurance.

This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT’S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY.

Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT (S) to adhere to the applicable terms of this Agreement.

9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT’S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT’S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT’S obligations to the CITY are solely prescribed by this Agreement.

10. COMPLIANCE WITH APPLICABLE LAW . The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules , and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its

S
UBCONSULTANT(S), s hall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement.

11. LICENSES, PERMITS, ETC . The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. CONSULTANT must promptly produce a copy of any such license, permit, or approval to CITY upon request. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession.

12. STANDARD OF CARE.

A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT’S trade or profession currently pra cticing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT’S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site.

B. Unless disclosed in writing prior to the date of this A greement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governm ental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT’S professional performance or the furnishing of materials or services relating thereto.

C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is s pecified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub-section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY’S later inability to obtain the specified ite ms or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time.

13. NON-DISCRIMINATION PROVISIONS . The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that ap plicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.

14. CONFIDENTIAL INFORMATION. The CIT Y may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession o f the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.

The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.

CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15.

15. INDEMNIFICATION AND HOLD HARMLESS . To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys’ fees, and defense costs, of any kind or nature, including workers’ compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT’S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney.

The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.

16. EMPLOYEE PAYMENTS AND INDEMNIFICATION.

16.1 PERS Eligibility Indemnification . If CONTRACTOR’s employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (“PERS”) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.

CONTRACTOR’S employees providing service under this Agreement shall not:
(
1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONTRACTOR’s employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONTRACTOR notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary.

16.2 Limitation of CITY Liability . The payment made to CONTRACTOR under this Agreement shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR’s officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONTRACTOR nor CONTRACTOR’s officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONTRACTOR. The CITY shall not be required to pay any workers’ compensation insurance on behalf of CONTRACTOR.

16.3 Indemnification for Employee Payments . CONTRACTOR agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers’ compensation payment which the CITY may be required to make on behalf of (1) CONTRACTOR, (2) any employee of CONTRACTOR, or (3) any employee of CONTRACTOR construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement.

17. WORKERS’ COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers’ Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees , and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney’s fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement.

18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies:

A. If checked, Professional Lia bility Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence.

B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles . The policy shall name the CITY and its officers, agents , employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided.

C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this “project” or “location”. The “project” or “location” should be noted with specificity on an endorsement that shall be incorporated into the policy.

D. Workers’ Compensation Insurance i n an amount sufficient to meet statutory requirements cove ring all of CONSULTANT’S employees and employers’ liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY . Said endorsement shall be provided prior to commencement of work under this Agreement.

If CONSULTANT has no employees subject to the California Workers’ Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY.

E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY’s Risk Manager, at the address listed in subsection G below, of cancellation or material change.

F. If required insurance coverage is provided on a “claims made” rather than “occurrence” form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (an d any extensions) of this Agreement. In addition, the “ retro” date must be on or before the date of this Agreement.

G. Th
e Certificate Holder for all policies of insurance required by this Section shall be:

City of National City
c/o Risk Manager
1243 National City Boulevard
National City, CA 91950-4397
H. Ins
urance shall be written with only insurers authorized to conduct business in California that hold a current policy holder’s alphabetic and financial size category rating of not less than A:VII according to the current Best’s Key Rating Guide, or a company of equal financial stability that is approved by the CITY’S Risk Manager. In the event coverage is provided by non- admitted “surplus lines” carriers, they must be included on the most recent List of Ap proved Surplus Line Insurers (“LASLI”) and otherwise meet rating requirements.

I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY’S Risk Manager. If the CONSULTANT does not keep all insur ance policies requ ired by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein.

J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys’ fees.

For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney’s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney’s fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney’s fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney’s fees incurred by the prevailing party.

20. TERMINATION.

A. This Agreement may be terminated with or without cause by the CITY.

Termination without cause shall be effective only upon 60 -day’s written notice to the CONSULTANT. During said 60- day period the CONSULTANT shall perform all services in accordance with this Agreement.

B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY.

C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein.

D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT’S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7.

E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT.

21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons:

To CITY: Roberto Yano
Director of Public Works/City Engineer
Engineering & Public Works
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To
CONSULTANT:

Nick Allard
Account Manager
BlueViolet Networks
17815 Newhope Street, Suite M
Fountain Valley, CA 92708
Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-eight (48) hours by letter mailed or delivered as specified in this Section.

22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City . The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT

r
epresents that it has no knowledge of any financial interests that would require it to disqualify itse
lf from any matter on which it might perform services for the CITY.

If checked, the CONSULTANT shall comply wi th all of the reporting requirements of the Political Reform Act and the National C ity Conflict of Interest Code.

Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk.

The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT.

23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations.

24. ADMINISTRATIVE PROVISIONS.

A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automa tically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday.

B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument.

C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof.

D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.

E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control.

F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto.

G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY.

H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof.

I. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California.

J
. Audit. If this Agreement exceeds ten-thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7.

K. Entire Agreement. This Agreement supersedes any prior agree ments, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.

L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto.

M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement.
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N
. Construction. The parties acknowledge and agree that (i) each party is of equ
al bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party’s counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering o f such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written.

CITY OF NATIONAL CITY
By:
____________________________
Ron Morrison, Mayor
APPROVED AS TO FORM:

By: ____________________________
Barry J. Schultz
City Attorney
A3 COMMUNICATIONS INC.

DBA BLUE VIOLET NETWORKS
(Corporation – signatures of two corporate officers required) (Partnership or Sole proprietorship – one signature)
By:
_ _________
(Name)
______________________________
(Print)
______________________________
(Title)
By: __ ___
(Name)
______________________________
(Print)
______________________________
(Title)
Brian Thomas
President
Dave Lewis
Chief Financial Officer

Date: 2/15/2023
Expiration Date: 3/17/2023
To: Install:
1243 National City Blvd
National City, CA 91950
619.336.4380
CMAS # 3-16-84-0052B3-17-84-0052B
Qty Manufacturer Part Number Description Unit Price Qty Total Cameras

4.00 AVIGILON 2.0C-H5A-PTZ-DP36 H5A, 2MP 36x Pendant PTZ Dome 2,404.26$ 9,617.04$

4.00 AVIGILON IRPTZ-MNT-WALL1 Pedant wVideo mount adapter. For use with H4 IR PTZ or H4A- MH-AD-PEND1 on H4 Multisensor. 80.38$ 321.51$

4.00 AVIGILON ACC7-ENT ACC 7 Enterprise camera channel 242.37$ 969.48$

3.00 SIKLU MH-B100-CCS-PoE-
MWB
MultiHaul™ BU, 90°, 500Mbps upgradable to 1800Mbps, 2 RJ- 45 & 1 SFP (1 port PSE enabled), MK & PoE injector included, IP- 65, White
2,335.20$ 7,005.60$

3.00 SIKLU MH-T200-CNN-PoE-
MWB
MultiHaul™ TU, 90°, base rate 100Mbps upgradable to
1000Mbps, 1 RJ-45, MK & PoE injector included, IP-65, White 927.20$ 2,781.60$

3.00 SIKLU SR-PRO-3Y-MH-B SikluCare "Pro" support plan - 3-year plan 467.20$ 1,401.60$

3.00 SIKLU SR-PRO-3Y-MH-T SikluCare "Pro" support plan - 3-year plan 220.00$ 660.00$

3.00 SIKLU MH-UPG-TU-100-1000 MultiHaul™ TU capacity upgrade from 100 Mbps to 1 Gbps 200.00$ 600.00$

3.00 SIKLU MH-UPG-BU-500-1800 MultiHaul™ BU capacity upgrade from 500 Mbps to 1800 Mbps 267.20$ 801.60$

6.00 SIKLU AX-SRG-10G 10 GbE Ethernet/PoE Surge Protector (indoor) 802.3ab/bz/an 146.66$ 879.98$

4.00 Trendnet TI-UPG62 6-PORT HARDENED INDUSTRIAL GIGABIT POE+ 489.72$ 1,958.88$

4.00 Trendnet TI-S24048 DIN RAIL 48V 240W POWER SUPPLY FOR TI-PG 216.32$ 865.28$ MISC/Cable

1.00 BVN BVN cable connectors 225.00$ 225.00$
Lift Rental

0.00 BVN BVN Lift to be provided by customer -$ -$
Labor

1.00 BVN Labor Labor to configure and install: 7,750.00$ 7,750.00$ Subtotal 28,087.57$
Sales Tax @ 8.75 % 2,457.66$
Installation 7,750.00$
Rental -$
Shipping 274.62$
Total 38,569.86$
National City - Roosevelt PTZs Rev 1 CMAS
Scope of Work
Progressive
Payment Terms
Nick Allard
Salesperson Job Location or Description
Quote
Tirza Gonzales
City Of National City
This quote comes with a standard 1 year maintenance and service To accept this quotation, sign below and return to your Blue Violet Sales Person Blue Violet Networks Technical Service Team will assist with further instructions upon request.

Blue Violet to replace existing PTZ and wireless radios on Roosevelt St 4th,5th,7th and 8th street. Customer to provide lift for this work.

This is a quotation on the goods named, subject to the conditions below Sign: _____________________________________________________________________ * Software has no annual fees and no limit of client connections to server Blue Violet Networks
17815 Newhope Street, Suite M
Fountain Velley, Ca. 92708
Phone: 714-754-4000
Fax: 714-540-1900 Email: [email protected]

EXHIBIT A

Date: 2/15/2023
Expiration Date: 3/17/2023
To: Install:
1243 National City Blvd
National City, CA 91950
619.336.4380
CMAS Pricing # 3-17-84-0052B
Qty Manufacturer Part Number Description Unit Price Qty Total Cameras

1.00 AVIGILON 3.0C-H5A-CR2-IR PD Holding Cell, Replace Analog with Corner Mount IP 1,168.12$ 1,168.12$

1.00 AVIGILON 5.0C-H5SL-BO1-IR City HallParking 2 Replace Analog with 5.0MP SL Bullet 605.40$ 605.40$

1.00 AVIGILON 2.0C-H5SL-D1-IR City Hall 1st Fl North Replace Analog with 2.0MP SL Dome 402.10$ 402.10$

1.00 AVIGILON 2.0C-H5SL-D1-IR City Hall Basement Elevator Replace Analog 2.0MP SL Dome 402.10$ 402.10$

1.00 AVIGILON 2.0C-H5SL-DO1-IR City Hall Jail (4) Replace Analog 2.0MP SL Dome 469.86$ 469.86$

1.00 AVIGILON 2.0C-H5SL-D1-IR City Hall CMO Replace Analog 2.0MP SL Dome 402.10$ 402.10$

1.00 AVIGILON 2.0C-H5SL-D1-IR City Hall Council Side Ent Replace Analog 2.0MP SL Dome 402.10$ 402.10$

1.00 AVIGILON 2.0C-H5SL-D1-IR City Hall Housing Hall Replace Analog 2.0MP SL Dome 402.10$ 402.10$

1.00 AVIGILON 2.0C-H5SL-D1-IR Library Street (Homeless) Exterior Replace Analog 2.0MP SL Dome 402.10$ 402.10$

2.00 AVIGILON 2.0C-H5SL-D1-IR Library Interior 2.0MP SL Dome 402.10$ 804.20$

1.00 AVIGILON 2.0C-H5SL-D1-IR Fire Department Interior Front Dr Replace Analog 2.0MP SL Dome 402.10$ 402.10$

1.00 AVIGILON 5.0C-H5SL-BO1-IR City Hall Council Parking Replace Analog 5.0MP SL Bullet 605.40$ 605.40$

1.00 AVIGILON 2.0C-H5SL-D1-IR City Hall Emergency Side Entry Replace Analog 2.0MP SL Dome 469.86$ 469.86$

1.00 AVIGILON 10.0C-H5DH-DO1-IR City Hall Rear Parking Replace 2 Analog with 10.0mp Dual Head 1,361.95$ 1,361.95$

1.00 AVIGILON H5DH-DO-JBOX1 Junction Box for H5A Dual Head Camera 80.71$ 80.71$ MISC/Cable

15.00 AVIGILON VHW-HWPS-B Veracity Highwire Powerstar Ethernet & POE Over Coax Converter Base Side 243.20$ 3,648.00$

15.00 AVIGILON VHW-HWPS-C Veracity Highwire Powerstar Ethernet & POE Over Coax Converter Camera Side 233.32$ 3,499.80$

15.00 AVIGILON VPSU-57V-1500-US Veracity Vpsu-57v-1500 Optional 57v Power Supply 91.20$ 1,368.00$

4.00 BVN Cable Run Cat6e Cable run 360.00$ 1,440.00$

1.00 BVN MISC MISC connectors/Backboxes 500.00$ 500.00$ Lift Rental

0.00 BVN BVN Lift to be provided by customer -$ -$ Labor

1.00 BVN Labor Labor to configure and install: 16,500.00$ 16,500.00$ Subtotal 18,836.00$
Sales Tax @ 8.75 % 1,648.15$
Installation 16,500.00$
Rental -$
Shipping 225.27$
Total 37,209.42$
This quote comes with a standard 1 year maintenance and service To accept this quotation, sign below and return to your Blue Violet Sales Person Blue Violet Networks Technical Service Team will assist with further instructions upon request.

BVN to replace all Analog cameras at City Hall/PD/Library/FD with new IP cameras. BVN will reuse the existing COAX cable with converter to IP.

BVN assumes COAX cable is in good working coindition. If BVN finds cable not in good condition we will give customer quote for pulling new cable.

BVN to remove old analog encoders from system and utilize licensing. BVN to install new cable for PD Dual Head cameras. Removal of Skate Park cameras located at the Library. (Client to provide Lift to remove) This is a quotation on the goods named, subject to the conditions below Sign: _____________________________________________________________________ * Software has no annual fees and no limit of client connections to server Quote
Tirza Gonzales
City Of National City
National City - Rev 2 Camera Upgrades 2022
Scope of Work
Progressive
Payment Terms
Nick Allard
Salesperson Job Location or Description
Blue Violet Networks
17815 Newhope Street, Suite M
Fountain Velley, Ca. 92708
Phone: 714-754-4000
Fax: 714-540-1900 Email: [email protected] 29 of 584 12

EXHIBIT A

•
o
o
o
o
o
o
o
•
o
o
o
o
o
o

X
$21,000
$2,350
4 $12,000
$15,000
22,200
Valid Through 12/31/2023

•
•
•
•
•
•

National City Cameras
City Hall 27
Fire Station 34 9
Library 27
Street Cameras 3
Casa De Salud 8
PW Wilson Street 5
MLK 16
Paradise Creek 24
Granger Storage Lot 3
Kimball Park 12
El Toyon 3
Police Department 33
T
otal Cameras 170

EXHIBIT B

RESOLUTION NO. 2023 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH A3 COMMUNICATIONS, INC., DBA BLUE VIOLET NETWORKS, FOR A NOT-TO-EXCEED AMOUNT OF $150,000, TO

PROVIDE VIDEO SURVEILLANCE AND ACCESS CONTROL PRODUCTS AND RELATED SERVICES.

WHEREAS, the City owns and operates a network of 170 cameras in various locations.

In order to utilize and maintain this network, the City desires to enter into a three-year agreement with Blue Violet Networks. This agreement will upgrade equipment, as well as provide maintenance services; and
WHEREAS, Blue Violet Networks is our current provider of equipment and services for the City and has installed the majority of the cameras citywide. They are a California Multiple Award Schedules (CMAS) supplier and provide government pricin g through a streamlined procurement process available to state and local government agencies; and

WHEREAS, City staff recommends Council authorize an agreement with Blue Violet Networks in a not-to-exceed amount of $150,000 to provide video surveillance and access control products and related services.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the Mayor to execute a n agreement with A3 Communications, Inc., DBA Blue Violet Networks, for a not-to-exceed amount of $150,000 to provide video surveillance and access control products and related services.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 4th day of April 2023.

Ron Morrison, Mayor
ATTEST:

Shelley Chapel, City Clerk

APPROVED AS TO FORM:

Barry J. Schultz, City Attorney

AGENDA REPORT

Department: City Manager's Office
Prepared by: Brad Raulston, City Manager
Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Approval of Letter of Support for Assembly Bill 436 to Allow Cruising Across California

RECOMMENDATION:

Approve, send and file.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

On behalf of the City of National City, the City Council has expressed their support of Assembly Bill 436 as written, to repeal bans and regulations on cruising in California.

Sending a Letter of Support confirms this position.

FINANCIAL STATEMENT:

Not Applicable

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:

Exhibit A – Letter of Support

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Notice of Decision – Planning Commission approval of a Conditional Use Permit (CUP) for a new Wireless Communications Facility to be located at 1900 National City Blvd.

RECOMMENDATION:

Receive and File

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

The Planning Commission recommended approval of the Conditional Use Permit by a vote of five to one, with Commissioner Sanchez absent.

EXPLANATION:

AT&T Wireless has applied for a CUP to construct a new wireless telecommunications facility and install associated equipment in the parking lot of Ball Kia. All antennas would be mounted to an artificial eucalyptus tree and screened by the associated foliage. The associated equipment is proposed in a walled enclosure that would be textured and painted to match existing buildings on site.

The Planning Commission conducted a public hearing on March 2 0, 2023, and voted to recommend approval of the request based on the attached findings and recommended Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.

FINANCIAL STATEMENT:

The applicant has paid all required fees to the City for processing this CUP and will pay any future City fees associated with the construction of this project.

RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL:

Public Safety

ENVIRONMENTAL REVIEW:

This is a project under CEQA subject to a Categorical Exemption. Class 3 – New Construction or Conversion of Small Structures 14 CCR § 15303. This project qualifies for a Notice of Exemption.

CCR § 15374.

PUBLIC NOTIFICATION:

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

ORDINANCE:

Not Applicable

EXHIBITS:

Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 3/20/23 Planning Commission PowerPoint slides

Item no. 4
March 20, 2023
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

PLANNING COMMISSION STAFF REPORT
T i t l
e : P U B L I C H E A R I N G – D E T E R M I N A T I O N T H A T T H E

PROJECT IS CATEGORICALLY EXEMPT FROM THE

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 3 OF THE CEQA GUIDELINES SECTION
15303 (NEW CONSTRUCTION OR CONVERSION OF

SMALL STRUCTURES) AND CONDITIONAL USE PERMIT

FOR A NEW WIRELESS COMMUNICATIONS FACILITY
TO BE LOCATED AT 1900 NATIONAL CITY BLVD.

Case File No.: 2022-37 CUP
Location: Ball Kia
Assessor’s Parcel No.: 560-204-04
Staff report by: Martin Reeder, AICP – Planning Manager Applicant: Harold Thomas Jr.

Zoning designation: CA – Commercial Automotive
Adjacent land use/zoning:

North: Retail automotive (Car Hop) / CA
East: Retail automotive across National City Blvd. (Ball Mitsubishi) / CA
South: Automotive service (Jerauld’s Car Care) / CA
West: Wholesale fabric sales across Roosevelt Ave. (UFO) / CA Staff recommendation: 1. Open t he public hearing, receive evide nce and testimony, and close the public hearing;

2. Determine that the project is categorically exempt under Class 3 of the CEQA Guidelines related to New Construction or Conversion of Small Structures (14 CCR §15303 (d) &
(e)); and

3. Approve the Conditional Use Permit.

EXHIBIT "A"

Planning Commission
Meeting of March 20, 2023

Staff Recommendation
Staff is recommending approval of the C onditional Use Permit (CUP) r equest and a determination that the project is exempt from CEQA. The proposa l will increase the effectiveness of the AT&T Wireless communications network.

Executive Summary
AT&T Wireless has applied for a CUP to construct a new wireless telecommunications facility and install associated equipment in the parking lot of Ball Kia. All antennas would be mounted to an artificial eucalyptus tree and screened by the associated foliage. The associated equipment is proposed in a walled enclosure that wou ld be textured and painted to match existing buildings on site.

Site Characteristics
The project location is Ball Kia, a retail automotive dealership located on the Mile of Cars. The lot has frontages on both National City Blvd. and Roo sevelt Avenue.

Surrounding land uses are almost a ll automotive-related, with t he exception of UFO located to the west in the West side Specific Plan area. Hillcre st Sanitarium is located across National City Blvd. to the northwest.

Proposal
The proposed facility would cons ist of three sectors of antennas mounted to a 50-foot high artificial eucalyptus tree. The antenna sectors would face north, east-southeast and west-southwest. The antennas would be screened by the “leaves” of the artificial tree.

Associated equipment would be located in a nine-foot high walle d enclosure. The proposed enclosure has a footprint of approximately 24 feet by 14 feet and would house the operating equipment and an em ergency backup generator. It i s located west of the proposed tree between the tree and one of the buildings on site.

Analysis
The proposal is consistent with General Plan policy E-3.3 (Educ ation and Public Participation) that aims to increase access to wireless interne t connections, computers, and other forms of communication technology. The proposal is al so consistent with the Land Use Code (LUC), because wireless communications facilities are a conditionally- allowed use in the CA zone.

The LUC requires that telecomm unication facilities be sensitive ly designed to be compatible with, and minimize visual impacts to, surrounding areas. It also requires that

Planning Commission
Meeting of March 20, 2023

telecommunication facilities and appurtenances be screened, to the extent possible, without compromising reception and/or transmission. The artific ial tree would hide the antennas, but would be relatively obtrusive, as there are no trees in this location currently.

Nearby trees along National City Blvd. are palm trees, most of which are taller than 50 feet.

Other options such as a palm tr ee or a building-mounted facilit y would likely be more obtrusive – the building is only one story tall and could not be extended to facilitate a 50- foot installation; a 50-foot tall palm would be disproportionate in height to the existing trees, and a facility imitating a Mexican Fan Palm (Washingtonia robusta) would have little in the way of foliage to screen the antennas. Furthermore, artificial palm trees are not always as stealthy as are intended to be. As such, the applicant proposed a more traditional tree. The original application showed a mono-broadleaf tree, but was updated to a mono-eucalyptus at the request of staff. The reason was to provide a more homog enous and proportional design. Exhibit ‘B’ (Attachment 6) shows a photo simulation of the proposed facility.

The LUC also requires telecommunication facilities to be located at least 75 feet from any habitable structure on a separate property. The proposed facility meets this requirement, as the closest habitable building on another property is locate d approximately 250 feet away to the northeast (Hillcrest Sanitarium). In addition, none of the three antenna sectors points in that direction. One ot her requirement of the LUC for such facilities is section

18.30.220(d), which states that telecommunication fac ilities and appurtenances should not be situated between the primar y building on the parcel and any public or private street adjoining the parcel. T echnically-speaking, the proposed facility does not meet this standard. However, it mee ts the purpose of the standard be cause the buildings on site are more accessory in nature, given the operational nature of retail automotive uses. In addition, if the facility were behind the buildings, t hey would be closer to Roosevelt Avenue, which would be counter to the intent of the r equirement.

Therefore, the proposed location is consistent with the purpose and intent of NCMC section 18.30.220(d).

1. Allowable Use – The proposed use is allowable within the app licable zoning district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code because the use is allowable within the CA zone p ursuant to a CUP and the proposed use meets the required guidelines in the L and Use Code for wireless facilities, as discussed above.

2. General Plan Consistency – G eneral Plan Policy E-3.3 encourages access to wireless internet connections, computers, and other forms of communication

Planning Commission
Meeting of March 20, 2023

technology, which the proposed telecommunications facility prov ides. In addition, the proposed facility is a conditionally-permitted use in the CA zone.

3. Compatibility, LUC and Traffic – The buildings on the site w ere previously analyzed for traffic impacts when constructed and the use is co nditionally- allowed in the CA zone. The fac ility is sensitively designed to minimize visual impact and is expected to generate minimal traffic in the way o f periodic maintenance visits.

4. Suitability – The site is physically suitable for the type, density, and intensity of use being proposed, including acce ss, utilities, and the absenc e of physical constraints, because the facility will be located in a paved pa rking area without impacting required parking, and the facility will meet all development standards and distance requirements for wireless communications facilities.

5. No Nuisance – Granting the permit would not constitute a nui sance or be injurious or detrimental to the public interest, health, safety , convenience, or welfare, or materially injurious to persons, property, or impro vements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that govern the design, placement, and operation of the wireless facility, including compliance with Federal Communications Commission regulations.

6. California Environmental Quality Act (CEQA) – The proposal has been reviewed in compliance with the California En vironmental Quality Act (CEQA) . Staff is recommending that the Planning Commission determine that the proposed use is categorically exempt from environmental review pursuant to Class 3 of the CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this CUP. Class 3 consists of construction and location of limited numbers of n ew, small facilities or structures; installation of small new equipment and faciliti es in small structures; the conversion of exi sting small structures from on e use to another where only minor modifications are made in the exterior of the structure; and includes utility extensions of reasonable length to serve such construction and accessory (appurtenant) structures.. The pr oposed use is consistent with this description and there is no potent ial for the project to cause either a direct or a reasonably foreseeable indirect physical change in the environment.

Planning Commission
Meeting of March 20, 2023

Conditions of Approval
Conditions requiring building and fire code compliance are attached, as well as standard Conditions of Approval for wir eless facility CUPs (screening, f acility design, required operating permits, etc.)
The 1996 Telecommunications Act states that, “no State or local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilit ies on the basis of the enviro nmental effects of radio frequency emissions to the extent that such facilities comply with the Commission's regulations concerning such emissions. The Applicant provided a Radio Frequency – Electromagnetic Energy (RF-EME) Jurisdictional Report (Attachment 7) with the application packet. The report stated that the proposed design was not in compliance with FCC regulations, as there would be areas that exceed the FCC (F ederal Communications Commission) exposure limits if no RF hazard mitigation measures were put in place. The report further provided recommended control m easures in Section 4.0, which have been included as Conditions of Approval. The author of the RF-EME report summarized that implementation of the afore-mentioned control m easures would bring the site into compliance with the FCC’s rules and regulations.

It should also be pointed out that if approved by a local juris diction, all wireless communications facilities must obtain all required state and fe deral permits in order to operate. A Condition of Approval is included requiring these permits.

All property owners and occupants within 300 feet of the project were notified of the public hearing. In this case, the total number of persons notified was 36.

Summary
The proposed project is consistent with the General Plan and LU C in that it meets all applicable design requirements for wireless communication facil ities. The project is considered ‘stealth’ in that the artificial tree would screen the antennas from adjacent uses.

The facility will improve coverage in the area for AT&T Wireless customers.

Planning Commission
Meeting of March 20, 2023

Options

1. Find the project
exempt from CEQA under Class 3 of the CEQA Guidelines Section 15303 or other exemption and approve 2022-37 CUP subject to the conditions included in the Resolution, and based on the findings included in the Resolution or other findings as determined by the Planning Commission; or

2. Find the project not exemp t from CEQA and/or deny 2022-37 CU P based on findings as determined by the Planning Commission; or,

3. Continue the item for additional information.

Attachments

1. Resolution

2. Overhead

3. Existing Wireless Facilities Map & List

4. Public Hearing Notice (Sen t to 36 property owners and occupants)

5. Notice of Exemption

6. Applicant's Plans (Exhibits A and B, Case File No. 2022-37 CUP, dated 2/14/2023)

7. Radio Frequency – Electromagnetic Energy (RF-EMF) Jurisdictional Report

MARTIN REEDER, AICP ARMANDO VERGARA
Planning Manager Director of Community Development

ATTACHMENT 1
RESOLUTION NO. 2023-06

A RESOLUTION OF THE PLANNING COMMISSION OF

THE CITY OF NATIONAL CITY, CALIFORNIA,

DETERMINATING THAT THE PROJECT IS CATEGORICALLY EXEMPT

FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
UNDER CLASS 3 OF THE CEQA GUIDELINES SECTION 15303 (NEW CONSTRUCTION

OR CONVERSION OF SMALL STRUCTURES) AND

APPROVING A CONDITIONAL USE PERMIT FOR A

NEW WIRELESS COMMUNICATIONS FACILITY TO BE
LOCATED AT 1900 NATIONAL CITY BLVD.

CASE FILE NO. 2022-37 CUP
APN: 560-204-04
WHEREAS, the Planning Commission of the City of National City c onsidered a Conditional Use Permit for a new wireless communications facili ty to be located at 1900 National City Blvd. at a duly advertised public hearing held on March 20, 2023, at which time oral and documentary evidence was presented; and,
WHEREAS, at said public hearing, the Planning Commission consi dered the staff report contained in Case File No. 2022-37 CUP maintained by the City and incorporated herein by reference along with evidence and testimony presented at said hearing; and, WHEREAS, this action is taken pursuant to all applicable proce dures required by State law and City law; and,
WHEREAS, the action recited herein is found to be essential fo r the preservation of public health, safety, and general welfare.

NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of t he City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 20, 2023, s upport the following findings, which are hereby made:

1. That the proposed use is allowable within the applicable zon ing district pursuant to a CUP and complies with all other applicable provisions of the Land Use Code, because use is allowable within the CA zone pursuant to a CUP, and the proposed facility meets the required telecommunication facility design guidelines that include providing the minimum distance requirements from habitable space and screening the facility.

2. That the proposed use is consis tent with the General Plan and any applicable specific plan, because General Plan Policy E-3.3 encourages access to wi reless internet connections, computers, and other forms of communication techno logy and the proposed facility modifications provide increased internet/cell ular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally- permitted use in the CA zone.

3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the 50-foot artificial tree will adequately screen the facility. Furthermore, the nine-foot block wall will provide adequate screening of the equipment from adjacent properties.

4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the facility will be located in a paved parking area without impacting required parking, and the facility will meet all development standards and distan ce requirements for wireless communications facilities.

5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that govern the design, placement, and operation of the wireless facility and the facility is required to comply with federal regulations regarding radio frequency emissions.

6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act and has been determined to be categor ically exempt from environmental review pursuant to Class 3 of the CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures), for which a No tice of Exemption will be filed subsequent to approval of this CUP. Class 3 consists o f construction and location of limited numbers of new, small facilities or structu res; installation of small new equipment and facilities in small structures; the conversion of existing small structures from one use to another where only minor modificatio ns are made in the exterior of the structure; and includes utility extensions of r easonable length to serve such construction and accessory (appurtenant) structures. The p roposed use is consistent with this description and there is no potential for the project to cause either a direct or a reasonably foreseeable indirect physical change in the environment.

BE
IT FURTHER RESOLVED that the application for Conditional Use Permit is hereby approved subject to the following conditions:

General

1. This Conditional Use Permit authorizes a wireless communications facility at 1900 National City Blvd. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A and B, Case File No. 2022-37 CUP, dated 2/14/23. Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans.

2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or assign prior to recordation.

3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant sha ll pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department.

4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in Section

18.12.040 of the Municipal Code.

5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time.

6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval.

7. The wireless communications facility shall comply at all tim es with all applicable laws, including, but not limited to, federal regulations related to radio frequency emissions.

Building

8. Plans submitted for demolition and construction improvements shall comply with the 2022 edition of the California Building, Mechanical, Electrical, Plu mbing, Accessibility, Green, Energy and Fire Codes.

Fire

9. Plans submitted for improvements must comply with the 2022 edition of the California Fire Code (CFC), and the current editions of the National Fire Protection Association (NFPA) and California Code of Regulations (CCR).

10. National Fire Protection Association (NFPA) section 76 “Standard for the Fire Protection of Telecommunications Facilities” shall be strictly followed.

11. Emergency Generator Shutdown procedures shall be posted in conspicuous area of emergency generator if installed. A permit would be required if storage of fuel is proposed
 Sign shall be clearly visible from the street. If the power source is inside of the building and cannot be seen from the street, a sign shall be pl aced in a position that can be easily seen by emergency personnel on foot.

12. A 704 Emergency placard shall be posted at site. Sign shall be clearly visible from the street.

13. The National City Fire Department shall be involved with al l fire inspections for this site.

Rough inspections are required for all phases of work.

Planning

14. All appropriate and required local, state and/or federal permits must be obtained and/or modified prior to operation of the wireless communications facility.

15. All recommended control measures outlined in Section 4.0 an d within the Site Safety Plan attached to the Radio Frequency – Electromagnetic Energy ( RF-EME) Jurisdictional Report (EBI Project No. 6222006336, dated Novemb er 21, 2022) shall be installed and implemented prior to operation.

16. A yellow CAUTION 2B sign shall be posted at the base of the monotree.

17. All workers and individuals accessing the monotree or perso ns (including arborists), accessing elevated structures or trees within areas exceeding t he general public MPE, must be made aware of the presence and locations of antennas and their associated fields.

18. The equipment enclosure shall be designed to incorporate design cues (e.g. finish, color, style) from other structures on the property.

19. All exposed cables or cable runs shall be painted to match the surface to which they are mounted.

20. The permittee shall not object to co-locating additional facilities of other communication companies and sharing the project site, provided such shared us e does not result in substantial technical or quality-of-service impairment for the permitted use. In the event a dispute arises with regard to co-locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co-location proposal if it is determined by the City not to be desirable in a specific case.

21. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommiss ioned, or become obsolete within six (6) months of discontinuance.

22. Plans submitted for construction shall include a power failure backup system to ensure continuity of service. The design of the backup system shall co nform to the regulations contained in NCMC 18.30.220.

BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council.

BE IT FINALLY RESOLVED that this Resolution shall become effect ive and final on the day following the City Council meeting where the Planning C ommission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at tha t meeting, appeal the decision of the Planning Commission and set the matter for public hearing.

CERTIFICATION:

This certifies that the Resolution was adopted by the Planning Commission at their meeting of March 20, 2023, by the following vote:

AYES:

NAYS:

ABSENT:
________________________
ABSTAIN: C H A I R P E R S O N

ATTACHMEN T 2
2022-37 CUP – 1900 National City – Overhead
Proposed
Equipment
Location
Proposed
Mono-tree
Location

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H IGHWAY 54
8TH
18TH
PLAZA
24TH
PALM

HIGHLAND

DIVISION
EUCLID
INTERSTATE 5

NATIONAL CITY
30TH
HARBO
R
INTERSTATE 805

SWEETWATER

TIDELANDS
7 9
4 6
8 5
2 1
19 24
81 80
79 78
75 73
72 71
70 74
69 68
67 65
64 63
61 60
58 44
34 36
14 30
12 53
41 52
20 32
21 39
372255
51 40
10 86
83 82
Wireless Communication Facilities
National City Planning Department 2012
Í
0 2,750 5,5001,375
Feet
!( Wireless facilities in National City
#* Wireless facilities in unincorporated area
ATTACHMENT 3

FACILITY APN LOCATION PROVIDER FILE_NO_
1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11
2 562 340 26 300 W 28th AirTouch CDC Reso 94-28
562-340-26 300 W 28th Nextel CUP-2003-30
4 559-032-02 1215 Wilson Pac Bell CUP-1995-11
5 557-410-03 1645 E Plaza Pac Bell CUP--1995-13
6 555-086-11 910 Hoover AirTouch CUP-1995-18
7 556-471-24 801 National City Blvd AT&T CUP-1996-2
556-471-24 801 National City Blvd Nextel CUP-1994-8
556-471-24 801 National City Blvd Pagenet CUP-1996-12
556-471-24 801 National City Blvd AT&T CUP-1999-5
8 554-120-30 2400 E 4th AT&T CUP-1996-4
and equipment cabinet.
9 559-160-13 1022 W Bay Marin GTE CUP-1996-5
10 563-370-36 3007 Highland Pac Bell CUP-1996-6
12 554-050-12 303 Palm AirTouch CUP-1996-8
at base.
554-050-12 303 Palm Sprint PCS CUP-2001-10
Radio communication facilitv (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina.

Located on a 360-sa foot building. Cellular facilitv- 60-foot monopole with twelve panel antennas.

Located on roof of existina building. PCS facilitv- six roof-mounted antennas and two ground-mounted equipment boxes.

Located on roof of Qualitv Inn. PCSfacilitv- six panel antennas and equipment cabinet.

Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base svstem. 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment Located on existing Super Saver buildina. PCSfacilitv- six panel antennas and two equipment cabinets.

Located on existing building. Cellular facilitv- three support structures with five panel antennas each, two dish antennas Located on roof of Red Lion Hotel. Paging facilitv- four whip antennas, one global positioning satellite antenna and equipment cabinet.

Located on roof of Paradise Valley Hospital. Paaina facilitv- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet
Located on roof of hotel. Paging facility- four antennas and eauipment cabinet one floor down from roof.

Located on roof of Red Lion Hotel. ESMR facilitv- three whip antennas and eauipment cabinet. 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet Located on National Guard Armory property. PCSfacility six antennas in three 40-foot flag poles, one GPS antenna and a new equipment building.

14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8
564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7
16 557-420-36 1840 E 12th Nextel CUP-1999-4
20 555-082-11 111 W 9th Sprint CUP-2000-9
21 555-030-21 330 National City Blvd GTE CUP-2000-11
22 564-250-50 2435 Sweetwater Sprint CUP-2000-14
30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3
32 556-473-18 242 E 8th AT&T CUP-2001-6
34 563-370-35 3007 Highland Nextel CUP-2001-12
36 563-231-38 1914 Sweetwater Cingular CUP-2002-3
37 564-310-37 3737 Sweetwater Cingular CUP-2002-4
39 556-101-15 241 National City Blvd Cingular CUP-2002-6 40 558-200-24 2415 E 18th Cingular CUP-2002-13
41 556-354-13 716 Highland AT&T CUP-2002-14
existing.
44 556-590-61 1019 Highland Sprint PCS CUP-2002-24
556-590-61 1019 Highland Cingular CUP-2002-2
51 552-283-11 2323 E Division Sprint CUP-2004-6
Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 60-foot monopalm on vacant commercial lot.

Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 72 foot tall monopine with standard equipment enclosure Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets.

Located at Sweetwater Inn. Global Positioning System with nine panel antennas.

Located atop South Bay Plaza on an existing mechanical equipment screen.

Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 3 panelantennasina 9x10x16 roof-mountedcupola
Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facilitv- twelve wireless panel antennas Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match and 4-inch GPS antenna.

Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 53 foot tall monopalm with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna.

Located atop an existing church.

Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna.

52 560-191-30 1701 D Ave Nextel CUP-2004-12
53 551-570-20 51 N Highland Sprint CUP-2004-15
55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002
57 554-120-24 2701 E 8th Cingular PC Reso 02-2001
554-120-24 2701 E 8th T-Mobile CUP-2000-19
554-120-24 2701 E 8th Sprint CUP-2000-27
buildings
554-120-24 2701 E 8th AT&T CUP-2000-19
58 558-030-30 1035 Harbison Nextel CUP-2005-3
60 556-510-12 914 E 8th Cingular CUP-2005-10
61 559-040-53 1439 Tidelands Cingular CUP-2005-9
559-040-53 1445 Tidelands Nextel CUP-2000-31
63 562-200-02 2900 Highland Cingular CUP-2005-12
64 563-010-47 2605 Highland Cricket CUP-2006-11
563-010-47 2605 Highland Sprint CUP-2002-18
65 557-420-31 1900 E Plaza Cricket CUP-2006-6
557-420-31 1900 E Plaza Cingular CUP-2004-4
67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10
68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 Six panel antennas and equipment inside a new 54 foot tall monument/cross/sign.

Located at existing church. Antennas located in a 60-foot monument Located at existing church. Antennas located in a GO-footmonument. 2 panel antennas in a 45' flagpole with 4 wall-mounted equipment cabinets 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 12 antennas facade mounted to new rooftop enclosure that will house equipment Co-locationin churchspire-3 antennas within existing architectural feature 5 panel antennas in a new pole sign at Jimmy's Restaurant 12 panel antennas on a 57' faux broadleaf tree with 230 square foot equipment enclosure 2 panel antennas in a 45' flagpole with 4 wall-mounted equipment cabinets 12 panel antennas on a monopalm with 299 SQ.ft. equipment enclosure. 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter 12 panel antennas on monopalm with associated equipment shelter 3 antennas on replacement light standard with associated equipment shelter 3 antennas in new architectural feature of church with associated equipment 4O-footmonopalmwith three sectors of four antennas each and equipment shelter 3 antennas on new faux palm tree with associated equipment 12 panel antennas mounted on exterior of self-storage building and painted to match; all equipment located inside of the

68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-1 3 69 559-106-17 525 W 20th Cricket CUP-2005-25
559-106-17 525 W 20th Sprint CUP-2001-4
70 554-050-15 2005 E 4th Cricket PC Reso 09-2003
554-050-15 2005 E 4th Cingular CUP-2003-5
554-050-15 2005 E 4th GTE CUP-1998-4
554-050-15 2005 E 4th Nextel CUP-2005-15
71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004
564-290-06 3820 Cagle St Sprint CUP-2001-2
564-290-06 3820 Cagle St T-Mobile CUP-2004-3
564-290-06 3820 Cagle St Cingular PC Reso 11-2002
72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003
669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16
669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003
669-060-26 5800 Boxer Rd Cingular CUP-2005-21
73 562-330-43 152 W 33rd Cricket PC Reso 21-2002
562-330-43 152 W 33rd Sprint CUP-2002-8
6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent Co-location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 12 panel antennas on a replacement 100 foot light standard in EITovon park and a 160 square foot equipment enclosure. 3 antennas on existing self storage building painted to match with associated equipment 3 antennas on existing light standard with associated equipment shelter 3 antennas on existing faux pine tree with vaulted equipment shelter 3 antennas on existing water tower with associated equipment shelter 3 antennas on existing self storage within matching architectural projection with associated equipment 12 panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 12 panel antennas on a 47-foot tall faux-broadleaf awith 230 sq. ft.equipment shelter 12 panel antennas on the outside of the 0.0. Arnold water tank and a 520 square foot equipment enclosure adjacent Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank equipment building.
equipment building and adiacent liahting for the park.
antennas and equipment building
12 panel antenas mounted on exterior of self-storage building and painted to match; all equipment located inside of the Located in EITovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot Located at Sweetwater Heights Centennial Park. Wireless communication facilitv- 55-foot monopine with twelve panel Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas,

74 555-053-17 700 NCB Cricket PC Reso 05-2000
555-053-17 700 NCB Metricom CUP-2000-4
555-053-17 700 NCB Skytel CUP-2000-30
75 560-203-03 1800 National City Blvd Nextel CUP-2006-15 76 561-360-35 1810 E 22nd Cricket 2007-14 CUP
561-360-35 1820 E 22nd Sprint-Nextel CUP-2000-8
78 560-143-36 1703 Hoover Cleawire 2009-22 CUP
79 559-160-33 700 Bay Marina Dr Cleawire 2009-23 CUP
9 antennas on tower of Marina Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant 80 560-151-20 142 E 16th AT&T 2010-11 CUP
81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP
12 antenas on a 43-foot mono-palm on eastern property line 561-271-01 2005 Highland T-Mobile CUP-2003-4
561-271-01 2005 Highland Cingular CUP-2006-2
82 563-184-47 2909 Shelby Dr P95-025
83 563-062-17 2524 Prospect St AT&T ZAP99-028
85 564-310-32 3312 Bonita Heights Lane AT&T ZAP00-133
86 563-063-29 2563 Grove St AT&T MUP91-026W2
75-foot monopole and equipment building.
35-foot monopalm with three sector directional antenna system and equipment cabinets. 15 panel antennas behindscreen wall atop existing car dealership with associated equipment Associated equiptment will be located in building
cabinent on roof below tower will be mostly covered
equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of the church
6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft Located in Las Palmas Park. Monopalm and eauipment along with live palms.

Located atop Holidav Inn. Wireless communication facility with equipment cabinet. 3 antennas facade mounted to existina hotel with associated equipmen 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 pannel antennas. 12 antennas on the roof of a Highland Avenue office building equipment cabinets.
3 antennas on recration building at Las Palmas Park
Located atop Holidav Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor

86 563-063-29 2563 Grove St P91-026W
Monopole located aside live palm trees.

ATTACHMENT 4

COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF PUBLIC HEARING

CONDITIONAL USE PERMIT FOR A NEW WIRELESS COMMUNICATIONS FACILITY TO BE LOCATED AT 1900 NATIONAL CITY BLVD.

CASE FILE NO.: 2022-37 CUP
APN: 560-204-04
The National
City Planning Commission will hold a public hearin g after the hour of 6:00 p.m.

Monday, March 20, 2023 , in the City Council Chambers, Civic Center, 1243 National Cit y Boulevard, National City, California, on the proposed request. (Applicant: Harold Thomas Jr.) The project site is located on the northeast corner of the Ball Kia Dealership parking lot, facing National City Boulevard. The applicant proposes to build a new wireless facility with a 50-foot-tall artificial tree. The area will include an equipment structure a s well as a backup generator. The Planning Commission will also be requested to find the proposed project categorically exempt from the California Environmental Quality Act (CEQA) under Class 3, Section 15303 (New Construction or Conversion of small structures).

Information is available for review at the City’s Planning Divi sion, Civic Center. Members of the public are invited to comment. Written comments should be recei ved by the Planning Division on or before 4:00 p.m., March 20, 2023 by submitting it to [email protected].

Planning staff can be contacted at 619-336-4310 or [email protected].

If you
challenge the nature of the proposed action in court, yo u may be limited to raising only those issues you or someone else raised at the public hearing d escribed in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing.

NATIONAL CITY PLANNING DIVISION

ATTACHMENT 5
COMMUNITY DEVELOPMENT DEPARTMENT – PLANNING DIVISION
1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950

NOTICE OF EXEMPTION
TO: Assessor/Recorder/County Clerk
Attn: Fish and Wildlife Notices
1600 Pacific Highway, Suite 260
S
an Diego, CA 92101
MS: A-33
Lead Agency: City of National City
Project Title: 2022-37 CUP
Project Location: 1900 National City Blvd., National City, CA.

Contact Person:

Martin Reeder Telephone Number: (619) 336-4313
Description of Nature, Purpose and Beneficiaries of Project:

Conditional Use Permit for a wireless communications facility on a property developed with a retail automotive dealership. The project would increase signal strength and service area for AT&T Wireless customers.

Applicant: Telephone Number:

Harold Thomas Jr. (858) 750-1798
10590 W. Ocean Air Dr. # 250
San Diego, CA 92130
Exempt Status:

Categorical Exemption. Class 3 Section 15303 (New Construction o r Conversion of small structures)
Reasons why
project is exempt:

There is no possibility that the proposed use will have a significant impact on the environment because the facility is located on a lot developed with a new car dealership, and the antennas will be screened by an artificial eucalyptus tree, thus will not affect use of the property.

Date:

M A R T I N

REEDER, AICP
P lanning Manager

TITLE SHEET
T-1.0

REVISIONS
DATEREV. INITIALSDESCRIPTION

SHEET NUMBER

SHEET TITLE

BALL KIA
CAL02905-NSB
15558389

MONO BROADLEAF
1900 "A" NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
"I HEREBY CERTIFY THAT THESE PLANS WERE

PREPARED BY ME AND UNDER MY DIRECT SUPERVISION

AND THAT I AM DULY REGISTERED ENGINEER UNDER
THE LAWS OF THE STATE OF CALIFORNIA"
THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 5738 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121
MD7, LLC
10590 West Ocean Air Dr. Suite 250
San Diego, CA 92130
858·964·7439

SITE INFORMATION
90% ZDs0 08/30/2022 NAC
REVISED 90% ZDs1 11/02/2022 LT
REVISED 90% ZDs2 11/17/2022 JC
REVISED 90% ZDs3 11/29/2022 NAC
APPLICANT AGENT:

AT&T WIRELESS
5738 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121
CONTACT: MARCO MENDEZ
PHONE: TBD
EMAIL: TBD
SITE ACQUISITION AGENT:

MD7, LLC.
10590 WEST OCEAN AIR DRIVE
SUITE 300
SAN DIEGO, CA 92130
CONTACT: ROBERTO POLITO
PHONE: (858) 291-1915
EMAIL: [email protected]

PROJECT TEAM

DRAWING SYMBOLS

GENERAL NOTES

DRAWING INDEX

VICINITY MAP

PROJECT SUMMARY

APPROVALS

NOT FOR DISCLOSURE OUTSIDE TELECOMMUNICATION CLIENT WITHOUT WRITTEN PERMISSION.

CONFIDENTIAL AND PROPRIETARY

BALL KIA
CAL02905-NSB

MONO BROADLEAF
FA: 15558389
1900 "A" NATIONAL CITY BLVD
NATIONAL CITY, CA 91950

SITE INFORMATION DRIVING DIRECTIONS
AT&T OPERATIONS:

AT&T RF ENGINEER:

CONSTRUCTION:

THE FOLLOWING PARTIES HEREBY APPROVE AND ACCEPT THESE DOCUMENTS

AND AUTHORIZE THE CONTRACTOR TO PROCEED WITH THE CONSTRUCTION DESCRIBED HEREIN. ALL DOCUMENTS ARE SUBJECT TO REVIEW BY THE LOCAL BUILDING DEPARTMENT AND MAY IMPOSE CHANGES OR SITE MODIFICATIONS.

SITE ACQUISITION:

AT&T COMPLIANCE:

AT&T PM:

SITE OWNER:

THE FACILITY IS UNMANNED AND NOT FOR HUMAN HABITATION. A TECHNICIAN WILL VISIT THE SITE AS REQUIRED FOR ROUTINE MAINTENANCE. THE PROJECT WILL NOT RESULT IN ANY SIGNIFICANT DISTURBANCE OR EFFECT ON DRAINAGE;

NO SANITARY SEWER SERVICE, POTABLE WATER, OR TRASH DISPOSAL IS REQUIRED AND NO COMMERCIAL SIGNAGE IS PROPOSED.

REVISION
REFER: ELECTRICAL FOR

ADDITIONAL SYMBOLS

ELEVATION NUMBER

SHEET NUMBER FOR

ELEVATION

DETAIL NUMBER

SHEET NUMBER FOR DETAIL
#

CODE COMPLIANCE
PROPERTY OWNER:

STRUCTURE HEIGHT:

PARCEL NUMBER:

LATITUDE (NAD 83):

LONGITUDE (NAD 83):

ZONING JURISDICTION:

ZONING DISTRICT:

OCCUPANCY GROUP:

CONSTRUCTION TYPE:

OTHER WIRELESS FACILITIES:

POWER COMPANY:

TELEPHONE COMPANY:

SAN DIEGO 2 LLC

C/O CUSHMAN & WAKEFIELD
3870 MURPHY CANYON ROAD # 150
SAN DIEGO, CA 92123
52'-0"
560-204-04
32°39' 58.10"N
117°06' 12.33"W

CITY OF NATIONAL CITY
C-A

PARKING AREA
II-B
NONE
SDG&E
AT&T
T-1.0 TITLE SHEET
T-2.0 GENERAL NOTES
T-3.0 GENERAL NOTES (CONT.)
C-1 TOPOGRAPHIC SURVEY
A-1.0 OVERALL SITE PLAN
A-1.1 ENLARGED SITE PLAN
A-2.0 EXISTING & NEW EQUIPMENT PLANS
A-3.0

EXISTING AND NEW ANTENNA PLAN
A-4.0 ELEVATIONS
X
A-X
X
A-X
ARCHITECT:

MD7 ARCHITECTURE SERVICES, INC
10590 WEST OCEAN AIR DRIVE
SUITE 250
SAN DIEGO, CA 92130
ARCHITECT: MARIO MARTINEZ
CONTACT: NICHOLAS BRITT
PHONE: (858) 9971011
EMAIL: [email protected]
ZONING
MD7, LLC.
10590 WEST OCEAN AIR DRIVE
SUITE 300
SAN DIEGO, CA 92130
CONTACT: ROBERTO POLITO
PHONE: (858) 291-1915
EMAIL: [email protected]
ENGINEER:

MAGARAM ENGINEERING, LLC.
4491 HOLLY AVE
FAIRFAX, VA 22030
CONTACT: BRETT MAGARAM, PE
PHONE: (914) 450-8416
EMAIL: [email protected]
RF ENGINEER:

AT&T
5738 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121
CONTACT: CHRISTIAN SOTO
EMAIL:

CONTRACTOR SHALL PROVIDE ALL MATERIALS, LABOR, TOOLS,
TRANSPORTATION, ETC. TO FULLY EXECUTE WORK. WORK REQUIREMENTS

DETAILED ON THE DRAWINGS AND SPECIFICATIONS AND SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING ITEMS:

ALL NEW EQUIPMENT INDICATED IN DRAWINGS IS AN UNMANNED
TRANSMISSION FACILITY FOR TELECOMMUNICATION CELLULAR SERVICES. · INSTALL (1) NEW AT&T 52'-0" HIGH MONO BROADLEAF · INSTALL (6) NEW COMMSCOPE PANEL ANTENNAS
· INSTALL (6) NEW ERICSSON AIR ANTENNAS STACKED
· INSTALL (12) NEW AT&T RRU @ ANTENNA LEVEL
· INSTALL (1) NEW 9'-0" CMU WALL EQUIPMENT ENCLOSURE · INSTALL (1) NEW VERTIV 512 SYSTEM POWER PLANT
· INSTALL (2) NEW PURCELL FLX21 STACKED
· INSTALL (4) NEW SURGE SUPPRESSOR
· INSTALL (1) EMERGENCY GENERATOR INSIDE EQUIPMENT ENCLOSURE · INSTALL (11) NEW AT&T BOLLARDS
· INSTALL FIBER & POWER CABLES CONDUIT FROM EXISTING POC TO

NEW EQUIPMENT ENCLOSURE
· INSTALL FIBER & POWER CABLE RUN FROM EQUIPMENT TO (N) ANTENNAS

THE SIZE, HEIGHT AND DIRECTION OF ANTENNAS SHALL BE ADJUSTED TO MEET SYSTEM REQUIREMENTS.
48 HOURS PRIOR TO DIGGING,

CONTRACTOR TO NOTIFY ALL

UTILITY COMPANIES TO LOCATE
ALL UNDERGROUND UTILITIES.

R
2019 CALIFORNIA BUILDING CODE
2019 CALIFORNIA RESIDENTIAL CODE
2019 CALIFORNIA TITLE 24
2019 CALIFORNIA FIRE CODE
2019 CALIFORNIA ENERGY CODE
2019 CALIFORNIA PLUMBING CODE
2019 CALIFORNIA MECHANICAL CODE
2019 CALIFORNIA ELECTRICAL CODE
TIA-222 CODE
2019 CBC SECTION 301.4 RESIDENTIAL
GROUP R-3
2019 CFC SECTION 1206.11.1 THROUGH
1206.11.10

IN THE EVENT OF CONFLICT, THE MOST

RESTRICTIVE CODE SHALL PREVAIL
NOTE:

Call before you dig.
below.Know what's
NORTH
SITE
FROM AT&T OFFICE:

1. HEAD NORTHEAST ON PACIFIC CENTER BLVD TOWARD

PACIFIC HEIGHTS BLVD

2. TURN LEFT ONTO MIRA MESA BLVD ONTO I-15 S

3. TURN RIGHT TO MERGE I-15 S

4. CONTINUE ONTO I-5 S TO NATIONAL CITY BLVD

5. EXIT W 8TH ST & TURN RIGHT ON THE RAMP

6. CONTINUE ONTO W 8TH ST & TURN RIGHT ONTO NATIONAL CITY BLVD

7. CONTINUE ONTO NATIONAL CITY BLVD & PASS W 18TH ST

8. A TOWER SIGN KIA ON THE RIGHT, ENTER ON THE ENTRANCE PARKING

9. DESTINATION OF 1900 BLDG, NATIONAL CITY BLVD, ACROSS THE PARKING ATTACHMENT 6
EXHIBIT "A"
Case File No.: 2022-37 CUP
Date: 2/14/2023

AIR 6449 B77D
AIR 6419 B77G
AIR 6449 B77DAIR 6419 B77G
AIR 6449 B77DAIR 6419 B77G
RRU 4478 B14
RRU 4449 B5 B12
AIR 6449 B77D
AIR 6419 B77G
AIR 6449 B77DAIR 6419 B77G
AIR 6449 B77DAIR 6419 B77G
RRU 8843 B2/B66A
RRU 4478 B14
RRU 4449 B5 B12
RRU 8843 B2/B66A
RRU 4478 B14
RRU 4449 B5 B12
RRU 8843 B2/B66A

OVERALL SITE PLAN
A-1.01OVERALL SITE PLAN
NORTH

REVISIONS
DATEREV. INITIALSDESCRIPTION

SHEET NUMBER

SHEET TITLE

BALL KIA
CAL02905-NSB
15558389

MONO BROADLEAF
1900 "A" NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
"I HEREBY CERTIFY THAT THESE PLANS WERE

PREPARED BY ME AND UNDER MY DIRECT SUPERVISION

AND THAT I AM DULY REGISTERED ENGINEER UNDER
THE LAWS OF THE STATE OF CALIFORNIA"
THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 5738 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121
MD7, LLC
10590 West Ocean Air Dr. Suite 250
San Diego, CA 92130
858·964·7439

SITE INFORMATION
90% ZDs0 08/30/2022 NAC
REVISED 90% ZDs1 11/02/2022 LT
REVISED 90% ZDs2 11/17/2022 JC
REVISED 90% ZDs3 11/29/2022 NAC

GENERAL NOTES
THIS IS NOT A SITE SURVEY:

THESE DRAWINGS HAVE BEEN CREATED BY INFORMATION GATHERED AT THE SITE, AS-BUILTS PROVIDED BY AT&T AND WITHOUT A SURVEY. PLEASE VERIFY ALL DIMENSIONS, LENGTHS, PROPERTY LINES AND CONDUIT RUNS.

ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTH AND STREET

HALF-WIDTHS HAVE BEEN OBTAINED FROM A TAX PARCEL MAP AND ARE APPROXIMATE. REFER TO LAND SURVEY FOR COMPLETE SITE INFORMATION.

UNDERGROUND UTILITIES:

EXISTING UNDERGROUND UTILITIES ARE NOT SHOWN. CONTRACTOR TO

LOCATE AND PROTECT ALL EXISTING UNDERGROUND UTILITIES DURING CONSTRUCTION.

CONTRACTOR NOTES:

1. CONTRACTOR SHALL REPAIR ALL DAMAGE RESULTING FROM

CONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION AT
COMPLETION OF WORK.

2. CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES AND EQUIPMENT STAGING LOCATIONS WITH LANDLORD.

NOTE:

LOCATION & DIMENSIONS ON RIGHTS-OF-WAY AND

PROPERTY LINES ARE ASSUMED TO BE ACCURATE

BUT ARE PREPARED WITHOUT BENEFIT OF
RECORD-OF-SURVEY OR CURRENT SURVEY.

PROPERTY LINE

ROAD CENTERLINE
LEGEND
(N) AT&T EQUIPMENT

ENCLOSURE &

MONO BROADLEAF
LOCATION, APPROX.
(SEE ENLARGED
SITE PLAN ON A-1.1)
ROOSEVELT AVE.

NATIONAL CITY BLVD
(E) BALL KIA
BLDG.
(N) POWER

ASPHALT
TRENCH
(E) AT&T MANHOLE
(FIBER P.O.C.)
(E) PARKING
AREA
(E) BLDG.
(E) BLDG.
(E) WOOD
FENCE
(E) BLDG.
(E) SDG&E POWER

PEDESTAL
(E) PARKING
LIGHTS
(E) LOT 1
#1900 BLDG.
(E) PARKING
AREA
(N) AT&T METER PANEL,
200A, 120/240V,1PH, 3 WIRE,
4-CLIP MOUNTED TO CMU

EXTERIOR WALL
DOC. NO. 2003-1260423
APN: 560-204-04
BLOCK 20
LOT 4
LOT 2
LOT 3
(E) SECTOR "B"250°
(E) SECTOR "A"
110°
(N) SECTOR "C"
350°
(E) SDG&E HANDHOLE
(POWER POC)
(E) DRIVEWAY
(PROPOSED AT&T

ACCESS ROUTE)
S72°23'38"W 62.50'
S72°23'38"W 187.50'
N17°45'47"W 185.00'
N72°23'38"E 250.00'
S17°45'47"E 190.00'
(N) AT&T UG FIBER
CONDUIT (APPROX. 110')
(N) AT&T UG ELEC. CONDUIT

AND CONDUCTORS
(APPROX. 115')
(E) PAVEMENT
BLOCKS
(N) PROPOSED

AT&T ACCESS
ROUTE

AIR 6449 B77D
AIR 6419 B77G
AIR 6449 B77DAIR 6419 B77G
AIR 6449 B77D
AIR 6419 B77G
RRU 4478 B14
RRU 4449 B5 B12
AIR 6449 B77D
AIR 6419 B77G
AIR 6449 B77DAIR 6419 B77G
AIR 6449 B77D
AIR 6419 B77G
RRU 8843 B2/B66A
RRU 4478 B14
RRU 4449 B5 B12
RRU 8843 B2/B66A
RRU 4478 B14
RRU 4449 B5 B12
RRU 8843 B2/B66A

ENLARGED SITE PLAN
A-1.1ENLARGED SITE PLAN

REVISIONS
DATEREV. INITIALSDESCRIPTION

SHEET NUMBER

SHEET TITLE

BALL KIA
CAL02905-NSB
15558389

MONO BROADLEAF
1900 "A" NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
"I HEREBY CERTIFY THAT THESE PLANS WERE

PREPARED BY ME AND UNDER MY DIRECT SUPERVISION

AND THAT I AM DULY REGISTERED ENGINEER UNDER
THE LAWS OF THE STATE OF CALIFORNIA"
THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 5738 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121
MD7, LLC
10590 West Ocean Air Dr. Suite 250
San Diego, CA 92130
858·964·7439

SITE INFORMATION
90% ZDs0 08/30/2022 NAC
REVISED 90% ZDs1 11/02/2022 LT
REVISED 90% ZDs2 11/17/2022 JC
REVISED 90% ZDs3 11/29/2022 NAC
1 1/4"=1'-0" (22x34)
(OR)
SCALE:
1/8"=1'-0" (11x17)
4' 2' 1' 0
NORTH

GENERAL NOTES
THIS IS NOT A SITE SURVEY:

THESE DRAWINGS HAVE BEEN CREATED BY INFORMATION GATHERED AT THE SITE, AS-BUILTS PROVIDED BY AT&T AND WITHOUT A SURVEY. PLEASE VERIFY ALL DIMENSIONS, LENGTHS, PROPERTY LINES AND CONDUIT RUNS.

ALL PROPERTY BOUNDARIES, ORIENTATION OF TRUE NORTH AND STREET

HALF-WIDTHS HAVE BEEN OBTAINED FROM A TAX PARCEL MAP AND ARE APPROXIMATE. REFER TO LAND SURVEY FOR COMPLETE SITE INFORMATION.

UNDERGROUND UTILITIES:

EXISTING UNDERGROUND UTILITIES ARE NOT SHOWN. CONTRACTOR TO

LOCATE AND PROTECT ALL EXISTING UNDERGROUND UTILITIES DURING CONSTRUCTION.

CONTRACTOR NOTES:

1. CONTRACTOR SHALL REPAIR ALL DAMAGE RESULTING FROM

CONSTRUCTION BACK TO PRE-CONSTRUCTION CONDITION AT
COMPLETION OF WORK.

2. CONTRACTOR SHALL COORDINATE SITE ACCESS TIMES AND EQUIPMENT STAGING LOCATIONS WITH LANDLORD.

PROPERTY LINE

ROAD CENTERLINE
LEGEND
(E) PARKING AREA
(N) 52'-0" MONO

BROADLEAF
(N)AT&T AIR PANEL

ANTENNAS STACKED
(2) PER SECTOR
(6) TOTAL
(N) EMERGENCY
56"L x 34"W x 99.1"H
20 KW GENERATOR

MOUNTED ON

CONCRETE PAD
(N) DOUBLE
SWING W.I

ACCESS GATE,
TYP.
(E) PARKING
LIGHTS
(E) SECTOR "B"250° (E) SECTOR "A"
110°
(N) SECTOR "C"
350°
(N) 9'-0" HIGH CMU WALL

ENCLOSURE,

PAINTED AND TEXTURED

TO MATCH EXISTING

BUILDING WALL
(N) PURCELL FLX21

CABINET STACKED
(2) TOTAL
(N) VERTIV 512

POWER SYTEM

POWER PLANT
(N) ELECTRICAL PANEL

ATS / MTS / CAMLOCK
(N) AT&T DC-12 SURGE

SUPPRESSOR
(N) TELCO /

FIBER BOX
(E) DRAIN
(N) GPS ANTENNA

MOUNTED ON

H-FRAME
1'-11"
3'-6"
13'-8"
23'-7"
6'-0"
TYP.
(N) AT&T UG FIBER
CONDUIT (APPROX.
110')
(N) AT&T UG ELEC.

CONDUIT AND

CONDUCTORS
(APPROX. 115')
(N) BOLLARD TYP.
(3) AT EQUIPMENT

ENCLOSURE
(8) AT MONO BROADLEAF
BASE
(N) AT&T METER PANEL,
200A, 120/240V,1PH, 3
WIRE, 4-CLIP MOUNTED

TO CMU EXTERIOR
WALL
5'-9"
3'-0"CLR.
4'-8"
2'-10"
2'-6"
5'-0"
5'-6"
(E) WOOD
FENCE
(N)AT&T

COMMSCOPE PANEL

ANTENNAS
(2) PER SECTOR
(6) TOTAL
(N) PROPOSED

AT&T ACCESS
ROUTE
(N) PROPOSED

AT&T ACCESS
ROUTE
(N) AT&T UG POWER
& FIBER TRUNK
TRENCH

AIR 6419 B77G
AIR 6449 B77D
AIR 6419 B77G
AIR 6449 B77D
AIR 6419 B77G
AIR 6449 B77D
A-4.0

REVISIONS
DATEREV. INITIALSDESCRIPTION

SHEET NUMBER

SHEET TITLE

BALL KIA
CAL02905-NSB
15558389

MONO BROADLEAF
1900 "A" NATIONAL CITY BLVD
NATIONAL CITY, CA 91950
"I HEREBY CERTIFY THAT THESE PLANS WERE

PREPARED BY ME AND UNDER MY DIRECT SUPERVISION

AND THAT I AM DULY REGISTERED ENGINEER UNDER
THE LAWS OF THE STATE OF CALIFORNIA"
THE INFORMATION CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY BY NATURE. ANY USE OR DISCLOSURE OTHER THAN THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED. 5738 PACIFIC CENTER BLVD.

SAN DIEGO, CA 92121
MD7, LLC
10590 West Ocean Air Dr. Suite 250
San Diego, CA 92130
858·964·7439

SITE INFORMATION
90% ZDs0 08/30/2022 NAC
REVISED 90% ZDs1 11/02/2022 LT
REVISED 90% ZDs2 11/17/2022 JC
REVISED 90% ZDs3 11/29/2022 NAC
A-4.0

PROPOSED EAST ELEVATION
1 1/4"=1'-0" (22x34)
(OR)
SCALE:
1/8"=1'-0" (11x17)
4' 2' 1' 0PROPOSED SOUTH ELEVATION

ELEVATIONS

GENERAL NOTESGENERAL NOTES

1. THIS DRAWING IS FOR COORDINATION PURPOSES ONLY.

2. THE SIZE, HEIGHT AND DIRECTION OF ANTENNAS SHALL
BE ADJUSTED TO MEET SYSTEM REQUIREMENTS, RE:

CURRENT/FINAL NCR.

3. REFER TO STRUCTURAL (BY OTHERS) FOR ADEQUACY
OF STRUCTURE WITH LESSEE'S EQUIPMENT.

4. FOR ANTENNA AND EQUIPMENT DETAILS, REFERENCE
CURRENT RF DESIGN AND DETAILS THIS SHEET. FOR

MORE INFORMATION REFERENCE STRUCTURAL (BY
OTHERS).

5. FOR TRANSMISSION CABLE ATTACHMENT AND ROUTING
REFERENCE STRUCTURAL (BY OTHERS).

6. PRIOR TO COMMENCEMENT OF WORK, CONTRACTOR TO

CHECK & VERIFY DIMENSIONS & LAYOUT OF EXISTING
EQUIPMENT/ANTENNAS AS MARKED ON THE DRAWINGS.

REPORT ANY DISCREPANCIES TO THE ARCHITECT OF
RECORD IMMEDIATELY.
2 1/4"=1'-0" (22x34)
(OR)
SCALE:
1/8"=1'-0" (11x17)
4'2' 1'0
(N) AT&T PANEL ANTENNAS
(2) TOTAL PER SECTOR,
(6) TOTAL, TYP.

GRADE LEVEL
ELEV. 0'-0" AGL

AT&T NEW COMMSCOPE

ANTENNAS RAD CENTER
47'-0" AGL
(N) AT&T FIBER

CABLE RUN
(N) AT&T CMU

EQUIPMENT

ENCLOSURE W/
(2) DOUBLE SWING
ACCESS W.I. GATE
BEHIND

TOP OF MONO BROADLEAF
52'-0" AGL
(N) 52'-0" HIGH

MONO BROADLEAF

GRADE LEVEL
ELEV. 0'-0" AGL
23'-7"
9'-0"
13'-8"
(N) AT&T RRUS MOUNTED

AT HORIZONTAL CROSS
(3) PER SECTOR
(9) TOTAL
(E) WOOD
FENCE
(N) AT&T FIBER &

POWER ASPHALT
TRENCH
±47-0" APPROX.
(N) 52'-0" HIGH

MONO BROADLEAF

IN FRONT

TOP OF MONO BROADLEAF
52'-0" AGL
(N) AT&T METER PANEL,
200A, 120/240V,1PH, 3
WIRE, 4-CLIP MOUNTED

TO CMU EXTERIOR WALL
(N) BOLLARD TYP.
(3) AT EQUIPMENT

CMU ENCLOSURE &
(8) AT MONO

BROADLEAF BASE
(N) BOLLARD TYP.
(3) AT EQUIPMENT

ENCLOSURE
(8) AT MONO BROADLEAF
BASE
9'-0"
AT&T NEW AIR 6419 B77G RAD CENTER
48'-7" AGL
(N) AT&T AIR 6419 B77G &
6449 B77D STACKED

PANEL ANTENNAS
(2) PER SECTOR,
(6) TOTAL, TYP.
(N) AT&T SURGE

SUPPRESSORS
(1) PER SECTOR
(3) TOTAL
AT&T NEW AIR 6449 B77D RAD CENTER
45'-4" AGL
(N) AT&T CMU

EQUIPMENT

ENCLOSURE W/
(2) DOUBLE SWING
ACCESS W.I. GATE

ON NORTH SIDE
(N) AT&T RRUS MOUNTED

AT HORIZONTAL CROSS
(3) PER SECTOR
(9) TOTAL

AT&T NEW COMMSCOPE

ANTENNAS RAD CENTER
47'-0" AGL
AT&T NEW AIR 6419 B77G RAD CENTER
48'-7" AGL
AT&T NEW AIR 6449 B77D RAD CENTER
45'-4" AGL
(N) AT&T AIR 6419 B77G &
6449 B77D STACKED

PANEL ANTENNAS
(2) PER SECTOR,
(6) TOTAL, TYP.
(N) AT&T PANEL ANTENNAS
(2) TOTAL PER SECTOR,
(6) TOTAL, TYP.

1900 National City Blvd National City CA 91950
Ball Kia
Accuracy of photo simulation based upon information provided by project applicant.

Looking northwest from National City BoulevardProposed
View 1
Existing
proposed monobroadleaf
proposed equipment enclosure
proposed equipment xxxxxxxxxxx
©2022 Google Maps
EXHIBIT "B"
Case File No.: 2022-37 CUP
Date: 2/14/2023

Accuracy of photo simulation based upon information provided by project applicant.

Looking southwest from National City BoulevardProposed
View 2
Existing
proposed monobroadleaf
proposed equipment xxxxxxxxxxx
1900 National City Blvd National City CA 91950
CAL02905
Ball Kia
proposed parking bollards
©2022 Google Maps

Accuracy of photo simulation based upon information provided by project applicant.

Looking southwest across National City BoulevardProposed View 3
Existing
proposed monobroadleaf
proposed equipment enclosure
proposed equipment xxxxxxxxxxx
1900 National City Blvd National City CA 91950
CAL02905
Ball Kia
proposed parking bollards
©2022 Google Maps

Radio Frequency – Electromagnetic Energy
(RF-EME) Jurisdictional Report
Site Name:

FA#:

USID:

Site ID:

Address:

Latitude:

Longitude:

Structure Type:

RFDS ID:

RFDS Technology:

EBI Project
Number:

Report Date:

Pace Job:

Ball Kia
15558389
321852
CAL02905
1900 National City Blvd
National City, California 91950
San Diego County

32.66613889 NAD83
-117.10342500 NAD83
Monotree
5380919
LTE Only 1C
6222006366
November 21, 2022
MRSDL044418/MRSDL044437/MRSDL044450/
MRSDL044406/MRSDL042323/MRSDL044652/
MRSDL044656
The proposed AT&T installation will be in compliance with FCC regulations upon proper installation of recommended signage.

Prepared for:

AT&T Mobility, LLC
c/o MD7, LLC
10590 West Ocean Air Drive,
Suite 300
San Diego, CA 92130
Prepared by:

ATTACHMENT 7

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 i

TABLE OF CONTENTS
EXECUTIVE SUMMARY ..................................................................................................................... 1

1.0  FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS ................................... 3

2.0  AT&T RF EXPOSURE POLICY REQUIREMENTS .................................................................... 5

3.0  WORST-CASE PREDICTIVE MODELING ................................................................................. 5

4.0  RECOMMENDED SIGNAGE/COMPLIANCE PLAN .................................................................... 7

5.0  SUMMARY AND CONCLUSIONS ............................................................................................. 8

6.0  LIMITATIONS ......................................................................................................................... 8

APPENDICES
Appendix A Personnel Certifications
Appendix B Compliance/Signage Plan
Appendix C Antenna Inventory
29

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 1

EXECUTIVE SUMMARY
Purpose of Report
EnviroBusiness Inc. (dba EBI Consul ting) has been contracted by AT&T Mobility, LLC to conduct radio frequency electromagnetic (RF-EME) modeling for AT&T Site CAL02905 located at 1900 National City Blvd in National City, California to determine RF-EME exposure levels from proposed AT&T wireless communications equipment at this site. As described in greater detail in Section 1.0 of this report, the Federal Communications Commission (FCC) has de veloped Maximum Permissible Exposure (MPE) Limits for general public exposures and occupational exposures. This report summarizes the results of RF-EME modeling in relation to relevant FC C RF-EME compliance standards for limiting human exposure to RF-EME fields.

This report contains the RF EME analysis for the site, including the following:
 Site Plan with antenna locations
 Graphical representation of theoretical MPE fields based on modeling  Graphical representation of recommended signage and/or barriers This document addresses the complia nce of AT&T’s transmitting facilities independently and in relation to all collocated facilities at the site.

Statement of Compliance
A site is considered out of compliance with FCC re gulations if there are ar eas that exceed the FCC exposure limits and there are no RF hazard mitigati on measures in place. Any carrier which has an installation that contributes more than 5% of the ap plicable MPE must participate in mitigating these RF hazards.

As presented in the sections below, based on wors t-case predictive modelin g, there are no modeled exposures on any accessible light fixture level an d ground walking/working surface related to ATT’s proposed antennas that exceed the FCC’s occupational and/or general public exposure limits at this site.

Additionally, there are areas where elevated worker s may be exposed to power densities greater than the occupational limits. The worst-case emitted powe r density may exceed the FCC’s occupational limit within approximately 39 feet of AT&T’s proposed antennas at the antenna face level. Workers and the general public should be informed about the presen ce and locations of antennas and their associated fields.

As such, the proposed AT&T installa tion is in compliance with FCC re gulations upon proper installation of recommended signage and/or barriers.

AT&T Recommended Signage/Compliance Plan
AT&T’s RF Exposure: Responsibilitie s, Procedures & Guidelines do cument, dated October 28, 2014, requires that:

1. All sites must be analyzed for RF exposure compliance;

2. All sites must have that analysis documented; and

3. All sites must have any necessary signage and barriers installed.

Site compliance recommendations have been develope d based upon protocols pr esented in AT&T’s RF Exposure: Responsibilities, Procedures & Guidelines document, dated October 28, 2014, additional guidance provided by AT&T, EBI’s understand ing of FCC and OSHA re quirements, and common 30

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Co nsulting  21 B Street  Burlington, MA 01803  1.800.786.2346 2 industry practice. Barrier locations have been identified (when required) based on guidance presented in AT&T’s RF Exposure: Responsibilities, Procedures & Guidelines document, dated October 28, 2014.

The following signage is recommended at this site:
 Yellow CAUTION 2B sign posted at the base of the monotree.

The signage proposed for installation at this site complies with AT&T’s RF E xposure: Responsibilities, Procedures & Guidelines document and therefore complies with FCC and OSHA requirements. Barriers are not recommended on this site. To reduce the ri sk of exposure and/or in jury, EBI recommends that access to the monotree or areas associated with the active antenna installation be restricted and secured where possible. More detailed information concerning site compliance recommendations is presented in Section 4.0 and Appendix B of this report. 31

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consu lting  21 B Street  Burlington, MA 01803  1.800.786.2346 3

1.0 FEDERAL COMMUNICATIONS COMMISSION (FCC) REQUIREMENTS The FCC has established Maximum Permissible Exposure (MPE) limits for human exposure to Radiofrequency Electromagnetic (RF-EME) energy fiel ds, based on exposure limits recommended by the National Council on Radiation Protection and Meas urements (NCRP) and, over a wide range of frequencies, the exposure limits deve loped by the Institute of Electric al and Electronics Engineers, Inc. (IEEE) and adopted by the American National Stan dards Institute (ANSI) to replace the 1982 ANSI guidelines. Limits for localized absorption are based on recommendations of both ANSI/IEEE and NCRP.

The FCC guidelines incorporate two separate tiers of exposure limits that are based upon occupational/controlled exposure limits (for worker s) and general public/uncontrolled exposure limits for members of the general public.

Occupational/controlled exposure limits apply to situations in which persons are exposed as a consequence of their employment and in which th ose persons who are exposed have been made fully aware of the potential for exposure and can exer cise control over their exposure. Occupational/ controlled exposure limits also apply where exposure is of a transient nature as a result of incidental passage through a location where exposure levels may be above general public/uncontrolled limits (see below), as long as the exposed person has been made fully aware of the potential for exposure and can exercise control over his or her exposure by leaving the area or by some other appropriate means.

General public/uncontrolled exposure limits apply to situations in which the general public may be exposed or in which persons who are exposed as a consequence of their employment may not be made fully aware of the potential for exposure or cannot exercise control over their exposure. Therefore, members of the general public would always be considered under this category when exposure is not employment-related, for example, in the case of a telecommunications tower that exposes persons in a nearby residential area.

Table 1 and Figure 1 (below), wh ich are included within the FCC’s OET Bulletin 65, summarize the MPE limits for RF emissions. These limits are designed to provide a substantial margin of safety. They vary by frequency to take into account the different types of equipment that may be in operation at a particular facility and are “time-averaged” limits to reflect different durations resulting from controlled and uncontrolled exposures.

The FCC’s MPEs are measured in terms of power (mW) over a unit surface area (cm 2). Known as the
power density, the FCC has established an occupational MPE of 5 milliwatts per square centimeter (mW/cm2) and an uncontrolled MPE of 1 mW/cm 2 for equipment operating in the 1900 MHz frequency range. For the AT&T equipment operating at 850 MHz, the FCC’s occupational MPE is 2.83 mW/cm 2 and an uncontrolled MPE of 0.57 mW/cm 2. For the AT&T equipment operating at 700 MHz, the FCC’s occupational MPE is 2.33 mW/cm 2 and an uncontrolled MPE of 0.47 mW/cm 2. These limits are considered protective of these populations.

Table 1: Limits for Maximum Permissible Exposure (MPE)
(A) Limits for Occupational/Controlled Exposure
Frequency Range
(MHz)
Electric Field
Strength (E)
(V/m)
Magnetic Field
Strength (H)
(A/m)
Power Density (S)
(mW/cm2)
Averaging Time
[E]2, [H]2, or S
(minutes)

0.3-3.0 614 1.63 (100)* 6

3.0-30 1842/f 4.89/f (900/f2)* 6
30-300 61.4 0.163 1.0 6
300-I,500 -- -- f/300 6
1,500-100,000 -- -- 5 6
32

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Co nsulting  21 B Street  Burlington, MA 01803  1.800.786.2346 4 (B) Limits for General Public/Uncontrolled Exposure
Frequency Range
(MHz)
Electric Field
Strength (E)
(V/m)
Magnetic Field
Strength (H)
(A/m)
Power Density (S)
(mW/cm2)
Averaging Time
[E]2, [H]2, or S
(minutes)

0.3-1.34 614 1.63 (100)* 30

1.34-30 824/f 2.19/f (180/f2)* 30
30-300 27.5 0.073 0.2 30
300-I,500 -- -- f/1,500 30
1,500-100,000 -- -- 1.0 30
f = Frequency in (MHz)
* Plane-wave equivalent power density
Based on the above, the most restrictive thresholds for exposures of unlimited duration to RF energy for several personal wireless services are summarized below:

Personal Wireless Service Approximate
Frequency
Occupational
MPE Public MPE
Microwave (Point-to-Point) 5,000 - 80,000 MHz 5.00 mW/cm 2 1.00 mW/cm2 Broadband Radio (BRS) 2,600 MHz 5.00 mW/cm2 1.00 mW/cm2 Wireless Communication (WCS) 2,300 MHz 5.00 mW/cm 2 1.00 mW/cm2 Advanced Wireless (AWS) 2,100 MHz 5.00 mW/cm 2 1.00 mW/cm2 Personal Communication (PCS) 1,950 MHz 5. 00 mW/cm2 1.00 mW/cm2 Cellular Telephone 870 MHz 2.90 mW/cm2 0.58 mW/cm2
Specialized Mobile Radio (SMR) 855 MHz 2. 85 mW/cm2 0.57 mW/cm2 Long Term Evolution (LTE) 700 MHz 2.33 mW/cm2 0.47 mW/cm2 Most Restrictive Frequency Range 30-300 MHz 1.00 mW/cm 2 0.20 mW/cm2 MPE limits are designed to provide a substantial margin of safety. Th ese limits apply for continuous exposures and are intended to provide a prudent mar gin of safety for all persons, regardless of age, gender, size, or health.

Power Density (mW/cm2)
33

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 5 Personal Communication (PCS) facilities used by AT&T in this area operate with in a frequency range of 700-1900 MHz. Facilities typically consist of: 1) elec tronic transceivers (the radios or cabinets) connected to wired telephone lines; and 2) antenna s that send the wireless signals created by the transceivers to be received by individual subscrib er units (PCS telephones). Transceivers are typically connected to antennas by coaxial cables.

Because of the short wavelength of PCS services, the antennas require line-of-site paths for good propagation, and are typically installed above gro und level. Antennas are constructed to concentrate energy towards the horizon, with as little energy as possible scattere d towards the ground or the sky.

This design, combined with the low power of PCS facilities, generally results in no possibility for exposure to approach Maximum Permissible Exposure (M PE) levels, with the exception of areas directly in front of the antennas.

2.0 AT&T

RF EXPOSURE POLICY REQUIREMENTS
AT&T’s RF Exposure: Responsibilitie s, Procedures & Guidelines do cument, dated October 28, 2014, requires that:

1. All sites must be analyzed for RF exposure compliance;

2. All sites must have that analysis documented; and

3. All sites must have any necessary signage and barriers installed.

Pursuant to this guidance, worst-case predictive modeling was performed for the site. This modeling is described below in Section 3.0. Lastly, based on the modeling and survey data, EBI has produced a Compliance Plan for this site that outlines the recommended signage and barriers. The recommended Compliance Plan for this site is described in Section 4.0.

3.0 WORST-CASE PREDICTIVE MODELING
In accordance with AT&T’s RF Exposure policy, EBI performed theoretical modeling using RoofMaster™ software to estimate the worst-case power density at the site light fixture level and ground-level and/or nearby rooftops resulting from operation of the antennas. RoofMaster™ is a widely-used predictive modeling program that has been de veloped to predict RF power density values for rooftop and tower telecommunications sites produced by vertical collinear antennas that are typically used in the cellular, PCS, paging and other communications services. Usin g the computational methods set forth in Federal Communications (FCC) Office of Engineering & Tec hnology (OET) Bulletin 65, “Evaluating Compliance with FCC Guidelines for Human Exposure to Ra diofrequency Electromagnetic Fields” (OET-65), RoofMaster™ calculates predicted power density in a sc alable grid based on the contributions of all RF sources characterized in the study scenario. At each grid location, the cumulative power density is expressed as a percentage of the FCC limits. Manuf acturer antenna pattern da ta is utilized in these calculations. RoofMaster™ models consist of th e Far Field model as specified in OET-65 and an implementation of the OET-65 Cylindrical Model (Sula9). The models utilize several operational specifications for different types of antennas to prod uce a plot of spatially-averaged power densities that can be expressed as a percentage of the applicable exposure limit. A statistical power factor may be applied to the antenna system based on guidance from the carrier and system manufacturers.

For this report, EBI utilized antenna and power data provided by AT&T and compared the resultant worst-case MPE levels to the FCC’s occupational/controlled exposure limits outlined in OET Bulletin 65.

The assumptions used in the modeling are based upon information provided by AT&T and information gathered from other sources. There are no other wireless carriers with equipment installed at this site.

Based on worst-case predictive modeling, there are no modeled e xposures on any accessible light fixture level and ground walking/wo rking surface related to ATT’s pr oposed antennas that exceed the 34

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 6 FCC’s occupational and/or general public exposure limits at this site. Additionally, there are areas where elevated workers may be exposed to power densities greater than the occupational limits. The worst- case emitted power density may exceed the FCC’s o ccupational limit within approximately 39 feet of AT&T’s proposed antennas at the antenna face level. Workers and the general public should be informed about the presence and locations of antennas and their associated fields.

At the nearest walking/working surfaces to the AT &T antennas on the light fixture level, the maximum power density generated by the AT&T antennas is approximately 81.01 percent of the FCC’s general public limit (16.20 percent of the FCC’s occupation al limit). The composite exposure level from all carriers on this site is approximately 81.01 percent of the FCC’s general public limit (16.20 percent of the FCC’s occupational limit) at the nearest walking/working surface to each antenna. It should be noted that percentage of MPE is based on spatially-averaged power densities over a height of six feet, with the height of the light fixture being centered within th at spatial range. Based on worst-case predictive modeling, there are no areas at ground/street level related to the proposed AT&T antennas that exceed the FCC’s occupational or general public exposure limits at this site. At ground/street level, the maximum power density generated by the antennas is approximately 15.63 percent of the FCC’s general public limit (3.126 percent of the FCC’s occupational limit).

A graphical representation of the RoofMaster™ modeling results is presented in Appendix B.

Microwave dish antennas are designed for point-to-point operations at the elevations of the installed equipment rather than ground-level coverage. Based on AT&T’s RF Expo sure: Responsibilities, Procedures & Guidelines document, dated Octobe r 28, 2014, microwave antennas are considered compliant if they are higher than 20 feet above an y accessible walking/working surface. There are no microwaves installed at this site.

35

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 7

4.0 RECOMMENDED SIGNAGE/COMPLIANCE PLAN
Signs are the primary means for control of access to areas where RF exposure levels may potentially exceed the MPE. As presented in the AT&T guidance document, the signs must:
 Be posted at a conspicuous point;
 Be posted at the appropriate locations;
 Be readily visible; and
 Make the reader aware of the potential risks prior to entering the affected area.

The table below presents the signs that may be used for AT&T installations.

CRAN / HETNET Small Cell Decals / Signs Alerting Signs

NOTICE
DECAL

TRILINGUAL
NOTICE NOTICE 2

NOTICE
SIGN

CAUTION 2 –

ROOFTOP

CAUTION 2A

CAUTION
DECAL

CAUTION 2B -
TOWER

CAUTION 2C -

PARAPETS

CAUTION
SIGN

WARNING 1B

WARNING 2A

36

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 8 Based upon protocols presented in AT&T’s RF Exposu re: Responsibilities, Procedures & Guidelines document, dated October 28, 2014, and additional guid ance provided by AT&T, the following signage is recommended on the site:
 Yellow CAUTION 2B sign posted at the base of the monotree.

No barriers are required for this site. The signag e is graphically represented in the Signage Plan presented in Appendix B. .

All workers and individuals accessing the monotree or persons (including arbori sts), accessing elevated structures or trees within areas exceeding the genera l public MPE, must be made aware of the presence and locations of antennas and their associated fields, where applicable

5.0 SUMMARY AND CONCLUSIONS
EBI has prepared this Radiofrequency Emission s Compliance Report for the proposed AT&T telecommunications equipment at the site located at 1900 National City Blvd in National City, California.

EBI has conducted theoretical modeling to estimate the worst-case power density from AT&T antennas to document potential MPE levels at this location an d ensure that site control measures are adequate to meet FCC and OSHA requirements, as well as AT&T’s corporate RF safety policies. As presented in the preceding sections, based on worst-case predictive modeling, there are no modeled exposures on any accessible light fixture level and ground walking/ working surface related to ATT’s proposed antennas that exceed the FCC’s occupational and/or general public exposure limits at this site. Additionally, there are areas where elevated workers may be exposed to power densities greater than the occupational limits. The worst-case emitted power density may exceed the FCC’s occupational limit within approximately 39 feet of AT&T’s proposed antennas at the antenna face level. Workers and the general public should be informed about the presence and locations of antennas and their associated fields.

To reduce the risk of exposure and/or injury, EBI recommends that access to the monotree or areas associated with the active antenna installation be restricted and secured where possible. Signage is recommended at the site as presented in Section 4.0 and Appendix B. Posting of the signage brings the site into compliance with FCC rules and regulations and AT&T’s corporate RF safety policies.

6.0 L

IMITATIONS
This report was prepared for the use of AT&T Mobility, LLC to meet requirements outlined in AT&T’s corporate RF safety guidelines. It was performed in accordance with generally accepted practices of other consultants undertaking simi lar studies at the same time an d in the same locale under like circumstances. The conclusions provided by EBI and its partners are based solely on information supplied by AT&T, including modeling instructions, inputs, parameters and methods. Calculations, data, and modeling methodologies for C Band equipment include a statistical factor reducing the power to 32% of maximum theoretical power to account for spatial distribution of users, network utilization, time division duplexing, and schedu ling time. AT&T recommends the us e of this factor based on a combination of guidance from its antenna system manufacturers, supporting international industry standards, industry publications, and its extensive experience. The observations in this report are valid on the date of the investigation. Any additional information that becomes available concerning the site should be provided to EBI so that our conclusions may be revised and modified, if necessary. This report has been prepared in accordance with Standard Conditions for En gagement and authorized proposal, both of which are integral parts of this report. No other warranty, expressed or implied, is made. 37

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 9

Appendix A
Personnel Certifications

38

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 10 Preparer Certification
I, Thanh Estevam, state that:
 I am an employee of EnviroBusiness Inc. (d/b/a EBI Consulting), which provides RF-EME safety and compliance services to the wireless communications industry.  I have successfully completed RF-EME safety training, and I am aware of the potential hazards from RF-EME and would be classified “occupational” under the FCC regulations.  I am fully aware of and familiar with the Rules and Regulations of both the Federal Communications Commissions (FCC) and the Occupa tional Safety and Health Administration (OSHA) with regard to Human Exposure to Radio Frequency Radiation.  I have been trained in on the procedures outlined in AT&T’s RF Exposure: Responsibilities, Procedures & Guidelines document (dated Oc tober 28, 2014) and on RF-EME modeling using RoofMaster™ modeling software.
 I have reviewed the data provided by the client and incorporated it into this Site Compliance Report such that the information contained in this report is true and accurate to the best of my knowledge.

39

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 11

Appendix B
Compliance/Signage Plan

40

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 12 Nearest Walking Surface Simulation

Existing Sign
Proposed Sign
Installed Sign
Proposed CAUTION
2B Sign at Base of
Monotree
41

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 13 Ground Level Simulation

Existing Sign
Proposed Sign
Installed Sign
Proposed CAUTION
2B Sign at Base of
Monotree
42

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 14

Appendix C
Antenna Inventory

43

RF-EME Compliance Report USID No. 321852 Site No. CAL02905 EBI Project No. 6222006366 1900 National City Blvd, National City, California EBI Consulting  21 B Street  Burlington, MA 01803  1.800.786.2346 15

Antenna # Operator Frequency
(MHz)
Azimuth
(Degrees) Power Input (Watts) Transmitter
Count
Total ERP
(Watts)
Total EIRP
(Watts)
1 ATT 700 350 120 1 1545.90 2535.28
1 ATT 850 350 120 1 2094.99 3435.78
1 ATT 1900 350 120 1 2692.66 4415.96
1 ATT 2100 350 120 1 3682.83 6039.84
2 ATT 3700 350 108.4425 1 23999.35 39358.94
3 ATT 3500 350 54.2175 1 11998.85 19678.11
4 ATT 700 350 120 1 1545.90 2535.28
5 ATT 700 110 120 1 1545.90 2535.28
6 ATT 3700 110 108.4425 1 23999.35 39358.94
7 ATT 3500 110 54.2175 1 11998.85 19678.11
8 ATT 700 110 120 1 1545.90 2535.28
8 ATT 850 110 120 1 2094.99 3435.78
8 ATT 1900 110 120 1 2692.66 4415.96
8 ATT 2100 110 120 1 3682.83 6039.84
9 ATT 700 250 120 1 1545.90 2535.28
10 ATT 700 250 120 1 1545.90 2535.28
10 ATT 850 250 120 1 2094.99 3435.78
10 ATT 1900 250 120 1 2692.66 4415.96
10 ATT 2100 250 120 1 3682.83 6039.84
11 ATT 3700 250 108.4425 1 23999.35 39358.94
12 ATT 3500 250 54.2175 1 11998.85 19678.11

• Note there are 4 AT&T panel antennas per sector at this site. For clarity, the different frequencies for each antenna are entered on separate lines.
• A 75% duty cycle was applied to NR and LTE technologies.

44

3/20/2023
1 Public Hearing

CONDITIONAL USE PERMIT FOR A NEW

WIRELESS COMMUNICATIONS FACILITY
AT 1900 NATIONAL CITY BLVD.

Site Characteristics
• BALL KIA
• CA zone
• Mile of Cars
• Frontages on National City Blvd. & Roosevelt Ave.
• 47,045 ft²
• Area mostly retail automotive in nature
• UFO located to west
• Across Roosevelt Ave.
• Hillcrest Sanitarium located to northeast
• Across National City Blvd.

EXHIBIT "B"

3/20/2023
2 Overhead
Site Photos

3/20/2023
3 Site Photos
Site Photos

3/20/2023
4 Proposal
• 50-FT MONO EUCALYPTUS TREE & EQUIPMENT SHELTER
• Antenna sectors would face N, ESE & WSW
• Antennas screened by “leaves” of artificial eucalyptus tree • Associated equipment would be located in 9-ft. high walled enclosure • 24 ft. by 14 ft.
• Operating equipment and emergency backup generator
• Located west of the proposed tree
Site Plan
N

3/20/2023
5 Photo
Simulation
Photo
Simulation

3/20/2023
6 Photo
Simulation
Analysis
• PROPOSAL CONSISTENT WITH GENERAL PLAN POLICY E-3.3
• Education and Public Participation – increased access to communication technology • PROPOSAL CONSISTENT WITH LUC
• Wireless facilities a conditionally-allowed use in CA zone • LUC requires such facilities be sensitively designed to minimize visual impacts • Facilities and appurtenances shall be screened
• Artificial eucalyptus
• Different than area trees (Mexican fan palm)
• located at least 75 ft. from habitable structures
• Closest residential building approximately 250 ft. away to northeast

3/20/2023
7 Conditions / Summary
• CONDITIONS OF APPROVAL
• Building and Fire Code compliance
• Standard Conditions for wireless facility CUPs
• Screening, facility design, required operating permits, etc. • All required state and federal permits
• PROPOSED USE CONSISTENT WITH GENERAL PLAN
• Project is consistent with General Plan and LUC
• Meets applicable design requirements
• Project considered ‘stealth’
• Improve coverage for AT&T Wireless customers
Options
• FIND PROJECT EXEMPT FROM CEQA & APPROVE CUP BASED ON FINDINGS

LISTED IN THE DRAFT RESOLUTION / FINDINGS DETERMINED BY THE COMMISSION; OR
• FIND PROJECT NOT EXEMPT FROM CEQA AND/OR DENY CUP BASED ON FINDINGS DETERMINED BY THE COMMISSION; OR
• CONTINUE THE ITEM FOR ADDITIONAL INFORMATION
• STAFF RECOMMENDING APPROVAL
• NOTICE OF DECISION TO CITY COUNCIL

3/20/2023
8 Site Plan
N

AGENDA REPORT

Department: Community Development - Neighborhood Services Prepared by: Dionisia Trejo, Administrative Secretary Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Temporary Use Permit — St. Anthony of Padua Church presentation of the “Live Stations of the Cross” starting at 410 W. 18th Street on April 7, 2023 from 3 p.m. to 4 p.m. with no waiver of fees.

RECOMMENDATION:

Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802.

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

This is a request from St. Anthony of Padua’s Church to conduct it’s representation of the passion and death of Jesus Christ on April 7, 2023 from 3 p.m. to 4 p.m. Event begins on church grounds; followers will start the church walk on Harding Avenue going northbound until reaching W.16th Street. The church walk will then continue westbound on W.16th Street where they will turn south going onto Wilson Avenue. The walk will then continue southbound on Wilson Avenue to end inside St. Anthony’s parking lot on the corner of Wilson Avenue & W.19th Street. During the walk, amplified sound will be used for certain prayers to reflect the presentation and the incidents from station to station.

FINANCIAL STATEMENT:

City fee of $312.00 for processing the TUP through various City departments.

Total Fees: $312.00

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

EXHIBITS:

Exhibit A – TUP Live Stations of the Cross
Exhibit B – Conditions of Approval Live Stations of the Cross

+-- CALIFORNIA'*..,...

Type of Event
City of National City • Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950
(619) 336-4364 • fax (619) 336-4217
www .nationalcityca.gov
Special Event AQQlication
D Fair/Festival DParade/March Owalk or Run Ocancert/Performance DTUP D Sporting Event 1~1 Other (specify) ___________ _ Event Name & Location
Event Title LIVE STATIONS OF THE CROSS
Event Location (list all sites being requested) _s_t._A_n_t_h_o_ny_o_f _P_ad_u_a_C_h_u_rc_h ______ _ ___ _ Event Times
z
Set-Up Starts
<1>
t5· :r
Date N/A Time Day of Week () Q Ii
"' ::r
"' 0
Event Starts 3:00PM D f W k Friday
g_ 8.
~ (/1
Date 04/07/2023 Time
n, <1> .,;
ayo ee ,,, < g 0
0, "'
·- "'
Event Ends
(")O .--,
~· ~
4:00PM Day of Week Friday
~
Date 04/07/2023 Time
0,
;:,.
3 <1>
;a
Breakdown Ends
Date N/A Time Day of Week
Applicant Information
A I . t (Y )Very Rev. Jose Edmundo Zars . 0 . t· St. Anthony of Padua pp 1can our name ponsormg rganiza 10n ---------- E t C d . t ("f d"ff f 1. ) Judith Navarro ven oar ma or 1 1 erent ram app 1cant ---------------------- M .1• Add 410 W. 18th Street National City, CA 91950
a1 mg ress ---------------------------------
D Ph (619) 477-4520 Aft H Ph (619)259-4641 Cell F (619) 477-45: ay one er ours one_______ _ _____ ax ____ _ Public Information Phone_(6_1_9_)_4_7_7-4_5_2_o ___ E-mail [email protected] Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises und~r this agreement to the extent permitted by law.

Applicant understands this TUP/special ev t may · plicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prio the ent set-up. Th ndersigned also understands and accepts the City's refund policy for application proc ing a d facility use and h t fees and charges are adjusted annually and are subject to change.
;:o
m
0 m
< m
C

Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us.

Fees/Proceeds/Reportin
Is your organization a "Tax Exempt, nonprofit" organization? Yes lvl NoD Are admission, entry, vendor or participant fees required? YesD No lvl If YES , please explain the purpose and provide amount (s):
$_Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ N/A Estimated Expenses for this event.
$ N/A What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event?
Description of Event
D First time event IV! Returning Event IV! include site map with application Note that this description may be published in our City Public Special Events Calendar :

On Good Friday we invite the community to attend and participate in prayer and meditation on our annual representation of the Passion & Death of Jesus Christ. The procession will begin in front of St. Anthony's Church and will end in the church parking lot. Our actors , volunteers , and PA truck will be walking through the street and the community will be walking on the sidewalk as we go through the Stations of the Cross .

Estimated Attendance
50 Anticipated # of Participants : _______ _ 250 Anticipated # of Spectators : _______ _ 2

Traffic Control , Security . First Aid and Accessibility Requesting to close street(s) to vehicular traffic? YesO No jll'j List any streets requiring closure as a result of the event (provide map):----------- Date and time of street closure: ________ .Date and time of street reopening: _____ _ jll'jother (explain) ____________________________ _
Requesting to post "no parking" notices? Yes D Nojtl'j
D Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map):

Oother (explain) _____________________________ _
Security and Crowd Control
Depending on the number of participants, your event may require Police services.

Please describe your procedures for both Crowd Control and Internal Security:

Have you hired Professional Security to handle security arrangements for this event? YesO NoD If YES, name and address of Security Organization----------- Our volunteers & parish staff will be incharge of crown control, & will rely on the National City Police Security Director (Name): ___________ Phone: ---------- If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission . .

Is this a night event? YesO No! II'! If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: -------------- 3

liiMiffl•
Depending on the number of participants~ur event may require specific First Aid services. ~ aid station to be staffed by event staff? Yes~No D First aid/CPR certified? Yes D No ~ DFirst aid station to be staffed by professional company. .,.. Company-----------­ If using the services of a professional medical organization/company and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission.
ccessibility
Please describe your Accessibility Plan for access at your event by individuals with disabilities:

Elements of your Event
Setting up a stage? YesO N~
D Requesting City's PA system
D Requesting City Stage; if yes, which size? D Dimensions (13x28) D Dimensions (20x28) D Applicant providing own stage .,.. (Dimensions)
Setting up canopies or tents?
____ # of canopies size ___ _
____ # of tents size ___ _
ONo canopies/tents being set up
4

Setting up tables and chairs?
D Furnished by Applicant or Contractor
____ #of tables ! ttl I No tables being set up
____ #of chairs j t,/ I No chairs being set up
O(For City Use Only) Sponsored Events - Does not apply to co-sponsored events ____ # of tables D No tables being set up
_____ # of chairs D No chairs being set up
Contractor Name-------------------------'------
Contractor Contact Information------------------------­ Address City/State Phone Number
Setting up other equipment?
D Sporting Equipment (explain) _______________________ _ D Other (explain) ___________ _ ___ ________ _ ___ _
j ttl l Not setting up any equipment listed above at event Having amplified sound and/or music? YesO Nojttlj
D PA System for announcements OcD player or DJ music
D Live Music ..,. D Small 4-5 piece live band ..,. D Large 6+ piece live band D Other (explain) ___________________________ _
If using live music or a DJ . ..,. Contractor Name------------ - -------- .... ____________ _______________________ _
City/State Phone Number Address
5

Using lighting equipment at your event? YesO Nolt/!
D Bringing in own lighting equipment
D Using professional lighting company • Company Name--------------- Address City/State
Using electrical power? YesO Nolt/!
Dusing on-site electricity D For sound and/or lighting
D Bringing in generator(s) D For sound and/or lighting
Vendor Information
Phone Number
D Using Kimball Park Bowl
Lighting (from __ to __ )
D For food and/or refrigeration
D For food and/or refrigeration
PLEASE NOTE: You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 8 in the Special Event Guide. For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363.

Having food and non-alcoholic beverages at your event? Yes D N~ D Vendors preparing food on-site • # ____ • Business License # _______ _ If yes, please describe how food will be served and/or prepared:------------- I! yo! intend to cook food in the event area pleas~ecify the method:

GAS QLECTRIC DCHARCOAL LJOTHER (Specify):---------
D Vendors bringing pre-packaged food • # • Business License# _____ _ D Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) • # ___ _ ovendors selling food# • Business License #(s) _______ _ D Vendors selling merchandise# • Business License #(s) ______ _ D Food/beverages to be handled by organization; no outside vendors []vendors selling services# • Business License #(s) _______ _ • Explain services ----------------
Ovendors passing out information only (no business license needed)# ___ _ • Explain type(s) of information-------------- -
1 t/ j No selling or informational vendors at event
6

Having children activities? YesO No!II'!
PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. The application should be filed out at least one week prior to the event. For questions or to obtain a copy of the "Facility Use Application" , please contact the Engineering/Public Works Department at (619) 336-4580.

D Inflatable bouncer house# _____ ORock climbing wall Height ________ _ D Inflatable bouncer slide# ______ D Arts & crafts (i.e., craft making, face painting, etc.) D Carnival Rides __________ Qther ---------------
Having fireworks or aerial display? YesO No!II'!
D Vendor name and license# _______________________ _
Dimensions _____________ Duration _____________ _
Number of shells ___________ Max. size _____________ _
PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $602.00
Arranging for media coverage? YesO No!II'!
Oves , but media will not require special set-up
OYes, media will require special set-up. Describe------------------- 7

Event Signage
PLEASE NOTE: For City sponsored or co-sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard. The banners must be made to the City's specifications. Please refer to the City's Special Event Guidebook and Fee Schedule for additional information.

Are you planning to have signage at your event? Yes D No !II'! Oves , we will post signage # ___ _ Dimensions------------ Oves, having inflatable signage # ____ .,. (complete Inflatable Signage Request form) Oves , we will have banners# ____ _
D What will signs/banners say? ------------------------­ D How will signs/banners be anchored or mounted?------------------­ D Location of banners/signage ---- ---- ---- -------------- Waste Management
PLEASE NOTE: One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event.

Are you planning to provide portable restrooms at the event? YesO Nojll'! If yes, please identify the following:
.,.. Total number of portable toilets: _____ _
.,. Total number of ADA accessible portable toilets: ____ _ D Contracting with portable toilet vendor. .,. -------------------- Company Phone
.,. Load-in Day & Time - ----- - --- .,.. Load-out Day & Time-------- D Portable toilets to be serviced. .,.. Time--------
Set-up, Breakdown, Clean-up
Setting up the day before the event?
OYes, will set up the day before the event.
! el'! No, set-up will occur on the event day
Requesting vehicle access onto the turf?
.,. # of set-up day(s) ______ _
Oves, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form)
I el'! No, vehicles will load/unload from nearby street or parking lot. 8

I
NPDES-Litter Fence
Deity to install litter fence
DApplicant to install litter fence
~NIA
Breaking down set-up the day after the event?
D Yes, breakdown will be the day after the event. ..,. # of breakdown day(s) -------- !v j No, breakdown will occur on the event day.

How are you handling clean-up?
D Using City crews
I el' I Using volunteer clean-up crew during and after event.

D Using professional cleaning company during and after event.

Miscellaneous
Please list anything important about your event not already asked on this application:

Please make a copy of this application for your records.

We do not provide copies.
9

-- CALIFORNIA - Special Events NATIONAi. CJry
-=-- llf:lf;llfl ~
~CORPOR"-T£1>
Pre-Event Storm Water Compliance
Checklist
I. Special Event Information
Name of Special Event: LIVE STATIONS OF THE CROSS
Event Address: 410 W. 18th Street National City Expected# of Attendees: _ 25_0 ______ _ Event Host Coordinator: Very Rev. Jose Edmundo Zarate Suare Phone Number: (619) 477-4520 II. Storm Water Best Management Practices (BMPs) Review

YES NO N/A
Will enough trash cans provided for the event?
II Provide number of trash bins: --
Will enough recycling bins provided for the event?
II Provide number of recycle bins: __
Will all portable toilets have secondary containment trays? (exceptions D D ~
for ADA compliant portable toilets)
Do all storm drains have screens to temporarily protect trash and debris D D ~
from entering?
Are spill cleanup kits readily available at designated spots? D D ~
* A Post-Event Storm Water Compliance Checklist will be completed by City Staff. 10

City of National City

PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION

AGREEMENT
Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect:

City of National City
Risk Management Department
1243 National City Boulevard
National City, CA 91950
0 . t· ST. ANTHONY OF PADUA PARISH
rgarnza 10n: ---------------------
p · Ch f A t· ·ty Very Rev. Jose Edmundo Zarate-Suarez erson in arge o c 1v1 : --------------- Add 410 W. 18th Street National City, CA 91950 ress: _____________________ _ Telephone:_(_61_9_) _47_7_-4_s_2o _____ D""""at"'--e ..... (s-) __ o_f~U~s~e-: _04_1_0_1_1_2_02_3 __ _

HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage , or both, or any litigation and other liability, including attorney 's fees and the cos of litigation, arising out of or related to the use of public property or he ac · ity tak n u der the permit by the permittee or its agents, employees ontr ctors.

For Office Use Only
Certificate of Insurance Approved _____ Date ---------- 11

f~
i" '
Dat e: 2/21 /2023
Certificate of Coverage
'
Ce;tifica te Hold er This Certificate is issued as a matter of information only and The Roman Catholic Bis hop of San Diego , confers no rights upon the holder of this certificate. This certificate A Corpora tion Sole does not amend, extend or alter the coverage afforded below. Pastoral Center P.O. Box 85728 Compan y Affording Cove rage
San Diego , CA 92186 THE CATHOLIC MUTUAL RELIEF

SOCIETY OF AMERICA
Covere d Location 10843 OLD MILL RD
St. Anthony of Padua Parish OMAHA, NE 68 154
410 West 18th Street
National City, CA 91950
Cove rages
This is to certify that the coverages· listed below have been issued to the certificate holder named above for the certificate indicated , notwithstanding any requirem ent, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subject to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims.

Type of Coverage Certificat e Number Coverage Effecti ve Cove rage Expiration Limits Date Date Property Real & Personal Property
D. General Liability Each Occurrence 1,000,000
General Agg regate 2,000,000
0 Occurrence Products-Comp /OP Agg
8585 7/1/2022 7/ 1/2023
D Claims Made Personal & Adv Jnjury
Fire Damage (Any one fire)
Med Exp (Any one person)
Excess Liability Each Occurrence
Annual Agg regrate
Other Each Occurrence
Claims Made
Annual Agg regrate
Limit/Coverage
Description of Operations /Locati onsN chicles /Specia l Items ( th e following lan gua ge sup ersedes any oth er langua ge in this endo rseme nt or th e Ce rtificat e in conflict with this language)
Coverage extends only for claims directly arising out of the St. Anthony of Padua Parish Live Statio ns of the Cross event , taking place on APRJ L
7, 2023, from 3 pm to 4 pm. Processio n begins in from of St. Anthony's Church, and ends in the church parking lot utilizing Harding Avenue , West 19th Street, Wilson Avenue, and West 18th Street. Liability coverage exte nds only for claims occurring durin g the date and time of the St. Anthony of Padua event. Coverage does not extend to the City of Natio nal City's failure to maintain properties or for any unsupervised activities. The City of National City, its officia ls, agents and employees are named as additional protected person(s) , exce pt as it pertains to their own active negligence.

Holder of Cert ificat e Cance llation
Add1t1onal Protected Person(s) Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will City of Nationa l City endeavor to mail 30 days written notice to the holder of Risk Management Department certificate named to the left, but failure to mail such notice shall 1243 Nat ional City Blvd. impose no obligation or liability of any kind upon the company, National City, CA 9 1950 its agents or representatiyes. , .

A,oh,,l m R,p"~'Uh
01 68009370 I
I

ENDORSEMENT
(TO BE ATIACHED TO CERTIFICATE)
,'
·~ Effective Date of Endorsement: 4/7/2023
Cancellation Date of Endorsement: 4/8/2023
Certificate Holder: The Roman. Catholic Bishop of San Diego , A Corporation Sole
Location:

Certificate No.

Pastoral Center
P.O. Box 85728
S"n ni ,,on r A Q? 1 Rf;
St. Anthony of Padua Parish
410 West 18th Street
National City , CA 91950
8585 of The Catholic Mutual Relief Society of America is amended as follows:

SECTION II - ADDITIONAL PROTECTED PERSON(S)
It is understood and agreed that Section II - Liability (only with respect to Coverage D - General Liability), is amended to include as an Additional Protected Person(s) members of the organizations shown in the schedule, but only with respect to their liability for the Protected Person(s) activities or activities they perform on behalf of the Protected Person(s) .

It is further understood and agreed that coverage extended under this endorsement is limited to and applies only with respect to liability assumed by contract or agreement; and this extension of coverage shall not enlarge the scope of coverage provided under this certificate or increase the limit of liability thereunder . Unless otherwise agreed by contract or agreement, coverage extended under this endorsement to the Additional Protected Person(s) will not precede the effective date of this certificate of coverage endorsement or extend beyond the cancellation date.

Schedule - ADDITIONAL PROTECTED PERSON(S)
City of National City
Risk Management Departm ent
1243 National City Blvd .

National City , CA 91950
Remarks (the following language supersedes any other language in this endorsement or the Certificate in conflict with this language) :

Coverage extends only for claims directly arising out of the St. Anthony of Padua Parish Live Stations of the Cross event, taking place on APR IL 7, 2023, from 3 pm to 4 pm . Procession begins in from of St.

Anthony's Church, and ends in the church parking lot utili zing Harding Avenue, West 19th Street, Wilson Avenue , and West 18th Street. Liabil ity coverage extends only for claims occurring during the date and time of the St. Anthony of Padua event. Coverage does not extend to the City of National City's fai lure to maintain properties or for any unsupervised acti vities. The City of National City, its officials, agents and employees are named as additional protected person(s), except as it pertain s to their own active negligence.

PKS-122(10-11)

City of National City

BUSINESS TAX CERTIFICATE
"For Services Provided in National City, California Only" Business Name
Business Location
Business Owner(s)

ST ANTHONY OF PADUA CHURCH
1816 HARDING AVE
NATIONAL CITY, CA 91950-5587

JOSE(PASTOR) ZARATE-SUAREZ

VINCE TAIJERON (GROUNDS KEEPER)

ST ANTHONY OF PADUA CHURCH
410 W 18TH ST
NATIONAL CITY, CA 91950-5528

THIS BUSINESS TAX CERTIFICATE DOES NOT PERMIT A BUSINESS THAT IS OTHFRWISF PROHIRITFn .

ST ANTHONY OF PADUA CHURCH
2023

TO BE POSTED IN A CONSPICUO US PLACE
AND

NOT TRAN SFERABLE OR ASSIGNABLE
Business Type Exempt/ Non-Profit
Account Number 09009229
Effective Date January 01 , 2023
Expiration Date December 31 , 2023
City Manager
NOTE : IT IS YOUR OBLIGATION TO RENEW THIS

CERTIFICATE WHETHER OR NOT YOU RECEIVE A

RENEWAL NOTICE
For all inquiries regarding this certificate, contact Hdl Business Tax Support Center at (619) 382-2596.

Thank you for your payment on your National City Business Tax Certificate. ALL CERTIFICATES MUST BE AVAILABLE FOR INSPECTION UPON REQUEST. If you have questions concerning your business license, contact the Business Support Center via email at: NationalCity@HdLgov .com or by telephone at: (619) 382-2596 Keep this portion for your license separate in case you need a replacement for any lost, stolen, or destroyed license . A fee may be charged for a replacement or duplicate certificate.

This certificate does not entitle the holder to conduct business before complying with all requirements of the National City Municipal code and other applicable laws, nor to conduct business in a zone where conducting such business violates law.

If you have a fixed place of business within the National City, please display the Business Tax Certificate below in a conspicuous place at he premises . Otherwise , every Business Tax Certificate holder not having a fixed place of business in the City shall keep the Business Tax Certificate upon his or her person , or affixed in plain view any cart, vehicle , van or other movable structure or device at all times if required by the Collector.

Starting January 1, 2021, Assembly Bill 1607 requires the prevention of gender-based discrimination of business establishments . A full notice is available in English or other languages by going to: https://www.dca.ca.gov/publications/ BUSINESS TAX SUPPO ~~
CENTER il~
8839 N CEDAR AVE #212 l!Jz...

ST ANTHONY OF PADUA CHURCH
410 W 18TH ST
NATIONAL CITY, CA 91950 - 5528
City of National City

BUSINESS TAX CERTIFICATE
Account Number: 09009229
Date of Issue: 01/01/2023

CITY OF NATIONAL CITY

NEIGHBORHOOD SERVICES DEPARTMENT

APPLICATION FOR A TEMPORARY USE PERMIT

CONDITIONS OF APPROVAL

SPONSORING ORGANIZATION: St. Anthony of Padua
EVENT: Live Stations of the Cross
DATE OF EVENT: April 07, 2023

APPROVALS:

COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ]

CONDITIONS OF APPROVAL:

PUBLIC WORKS (619)366-4580

Streets Division
No comments

Facilities Division
No comments received

Parks Division
No comments received

POLICE DEPARTMENT

No comments received

ENGINEERING

No comments received

COMMUNITY SERVICES

No comments

FINANCE

No comments received

COMMUNITY DEVELOPMENT

Planning

No comments

Building

No comments received

Neighborhood Services

Neighborhood Notifications – Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, “No Parking” signs being posted, music at the event, etc.

Display of banners -- Banners are allowed on site for event but must be removed immediately thereafter event completion. If you wish to place banners in any location other than on-site, you must get approval from the property/business owner where you intend to display the banner.

RISK MANAGER (619) 336-4370

Risk Management has reviewed the above-captioned request for issuing a Temporary Use Permit. The applicant has provided all the necessary insurance types and levels of coverage as set out in the application.

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.

FIRE (619) 336-4550

Fire has no comments or requirements for this event.

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #33 for the period of 2/10/23 through 2/16/23 in the amount of $556,762.50.

RECOMMENDATION:

Ratify Warrants Totaling $556,762.50

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 2/10/23 - 2/16/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Bereau Veritas 361971 $120,322.69 Plan Review Services / Planning – Building Eagle Paving Co 361982 $ 94,387.81 CIP 22-19 National City Street Resurfacing SDG&E 362020 $ 92,233.67 Gas & Electric for Facilities FY23

FINANCIAL STATEMENT:

Warrant total $556,762.50

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. 33

PAYEE DESCRIPTION CHK NO DATE AMOUNT
CANNING REFUND OF T&A 90564 AND 90565 - ENG/PW 361965 2/16/2023 2,769.74 D-MAX ENGINEERING INC T&A 90101 - NC ENPING INVESTMENT 79 UNIT 361966 2/16/2023 2,263.69 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - FEBRUARY 361967 2/16/2023 768.84 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 361968 2/16/2023 66.00 AMAZON JABRA ENGAGE 75 WIRELESS HEADSET DELL 361969 2/16/2023 381.67 BAKER & TAYLOR BAKER AND TAYLOR/BOOKS/FY23 361970 2/16/2023 218.95 BUREAU VERITAS N AMERICA INC PLAN REVIEW SERVICES / PLANNING-BUILDING 361971 2/16/2023 120,322.69 CAL PACIFIC TRUCK CENTER, LLC MODULE INTERFACE- PW/EQUIPMENT MAINT 361972 2/16/2023 1,790.58 CITY OF SAN DIEGO MUNICIPAL SEWER TRANSPORTATION FOR 2ND QT R 361973 2/16/2023 1,229.66 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 361974 2/16/2023 8,000.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZAROUS WASTE PICK UP 361975 2/16/2023 2,219.98 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICALS 361976 2/16/2023 2,802.00 CORODATA RECORDS FILE STORAGE - CORODATA 361977 2/16/2023 52.50 CV VENTURES LLC FAIR SHARE DUCK POND QUARTLY MONITORING 361978 2/16/2023 10,467.83 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS 361979 2/16/2023 160.00 DFM ASSOCIATES 2023 CALIFORNIA ELECTIONS CODE BOOK 361980 2/16/2023 70.78 DFM ASSOCIATES 2023 CALIFORNIA ELECTIONS CODE BOOK 361981 2/16/2023 66.00 EAGLE PAVING COMPANY INC CIP 22-19 NATIONAL CITY STREET RESURFACING 361982 2/16/2023 94,387.81 ENTERPRISE FLEET MANAGEMENT FY23 ENTERPRISE FLEET LEASE MANAGEMENT 361983 2/16/2023 17,827.50 ESGIL LLC PLAN REVIEW SERVICES / PLANNING-BUILDING 361984 2/16/2023 3,890.43 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES- PW 361985 2/16/2023 167.36 FIRE ETC FIRE SAFETY STATION BOOTS/FOOTWEAR 361986 2/16/2023 565.50 FLEET SERVICES INC MOP 67804 AUTO SUPPLIES- PW 361987 2/16/2023 354.00 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST RESULTS 361988 2/16/2023 3.00 GARCIA REIMBURSEMENT - COFFEE STATIONS 361989 2/16/2023 942.73 GUERRERO INSTRUCTOR WINTER 2022 GRUPO FOLKLORICO 361990 2/16/2023 4,757.20 HOME DEPOT CREDIT SERVICES A KIMBALL HOLIDAY EVENT SUPPLIES 361991 2/16/2023 2,483.46 HOME DEPOT CREDIT SERVICES BOSCH COMPACT LASER L-PW/STREETS 361992 2/16/2023 392.18 INTERNATIONAL INSTITUTE OF CITY CLERKS MEMBERSHIPS 361993 2/16/2023 131.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING,FY23 361994 2/16/2023 4,081.19 KIMBALL MIDWEST 56PC SUPER PRIM DRILL F2Y23-PW/EQUIPMENT 361995 2/16/2023 552.13 LASER SAVER INC MOP 45725 BUILDING/LASER SAVER 361996 2/16/2023 445.70 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 361997 2/16/2023 29,515.69 MEYERS, NAVE, RIBACK, SILVER PROFESSIONAL SERVICE/ CAO 361998 2/16/2023 7,292.00 MICRONICHE INC PROFESSIONAL SERVICES 361999 2/16/2023 900.00 MIDWEST TAPE, LLC MIDWEST TAPE/DVDS/FY23 362000 2/16/2023 34.30 MTS MTS FLAGGING SERVICES / NSD 362001 2/16/2023 191.62 MUNICIPAL MAINTENANCE EQUIP 004599 V-BELT FOR WATER PUMP 362002 2/16/2023 47.17 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 362003 2/16/2023 14,832.00 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES- PW 362004 2/16/2023 13.05 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES- PW 362005 2/16/2023 19.24 PACIFIC PRODUCTS & SERVICES MANUAL TOOL BLACK HANDLE FY23- PW/STREET 362006 2/16/2023 494.81 PARAJO REFUND - CLASS CANCELATION DUE TO COVID 362007 2/16/2023 123.10 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 362008 2/16/2023 159.80 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 362009 2/16/2023 14.94 PENSKE FORD R&M CITY VEHICLES FY 2023 362010 2/16/2023 746.60 PORTES MILEAGE REIMBURSEMENT 362011 2/16/2023 162.81
POWERSTRIDE BATTERY CO INC AUTO BATTERIES FY23- PW/EQUIPMENT 362012 2/16/2023 306.50 WARRANT REGISTER # 33
2/16/2023

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 33
2/16/2023
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 362013 2/16/2023 3,063.47 PROFESSIONAL SEARCH GROUP LLC OFFICE TEMP SERVICES - CARLEE BATTLE W/ENG 362014 2/16/2023 5,250.00 PROFESSIONAL SEARCH GROUP LLC OFFICE TEMP SERVICES - CAROLINA / NUTRITION 362015 2/16/2023 240.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES FOR NUTRITION STAFF 362016 2/16/2023 924.26 S D COUNTY VECTOR CNTRL PROGRM MOSQUITO AND VECTOR DISEASE CONTROL 362017 2/16/2023 862.93 SAM'S ALIGNMENT WHEEL ALIGNMENT SERVICE FOR CITY FY23- PW 362018 2/16/2023 70.00 SAN DIEGO HYDRAULICS MUNCIE CS20 PTO OVERHAUL KIT 362019 2/16/2023 1,651.17 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 362020 2/16/2023 92,233.67 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 362021 2/16/2023 49.22 SESAC INC MUSIC PERFORMANCE LICENSE 362022 2/16/2023 1,798.00 SHER EDLING LLP PROFESSIONAL SERVICE/ CAO 362023 2/16/2023 946.00 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 362024 2/16/2023 306.59 SONSRAY MACHINERY LLC TUBE RIGID - PW/EQUIPMENT MAINTENANCE 362025 2/16/2023 800.90 SOUTH COAST EMERGENCY SEND, TEMP W/ SW 250/230 - PW/EQUIPMENT 362026 2/16/2023 1,392.73 SOUTHWEST SIGNAL SERVICE 332L CABINET -PW/STREETS 362027 2/16/2023 13,942.65 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES- PW 362028 2/16/2023 3,971.46 STEWART TITLE GUARANTY ABSTRACT / NSD 362029 2/16/2023 250.00 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY23 NOV-JAN 362030 2/16/2023 4,711.09 TECHNOLOGY INTEGRATION GROUP MIS EQUIP 362031 2/16/2023 261.54 TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST 362032 2/16/2023 159.00 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 362033 2/16/2023 277.92 THE STAR NEWS PUBLIC NOTICING - STAR NEWS 362034 2/16/2023 430.50 TRANS-LANG CITY COUNCIL MEETING TRANSLATION SERVICE 362035 2/16/2023 2,350.25 TRI-GROUP CONSTRUCTION AND DEV CIP 19-33 PARADISE CREEK EDUCATIONAL PARK 362036 2/16/2023 11,276.50 U S BANK MONTHLY CREDIT CARD STATEMENT - JANUARY 362037 2/16/2023 125.00 UNITED TRANSMISSION EXCHANGE CITY VEHICLE PARTS FY23-PW/EQUIPMENT 362038 2/16/2023 984.49 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES-PW 362039 2/16/2023 176.25 VELOCITY TRUCK CENTERS ENGINE AND TRANSMISSION PARTS FY23-PW 362040 2/16/2023 436.74 VORTEX INDUSTRIES INC CITYWIDE ON-SITE SERVICE, REPAIRS,FY23-PW 362041 2/16/2023 1,875.00 WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES FY 362042 2/16/2023 2,783.75 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 362043 2/16/2023 68.36 WORLD ADVANCEMNT OF TECHNOLOGY STREET FIRE RMS FEATURE REQUEST 362044 2/16/2023 1,250.00 SERENE HEALTH IPA MEDICAL CORP 8 PRTMS TREATMENTS / FIRE 362045 2/16/2023 28,000.00 A/P Total 522,405.17

WIRED PAYMENTS
EDD UI REIM BENEFIT CHARGES - PREIOD OCT 1 T 475458 2/14/2023 2,810.00 U S BANK US BANK CARD 563053 2/13/2023 5,276.33
SECTION 8 HAPS Start Date End Date
2/10/2023 2/16/2023 26,271.00
GRAND TOTAL 556,762.50$

AGENDA REPORT

Department: Finance
Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, April 4, 2023
Approved by: Brad Raulston, City Manager

SUBJECT:

Warrant Register #34 for the period of 2/17/23 through 2/23/23 in the amount of $2,267,953.57

RECOMMENDATION:

Ratify Warrants Totaling $2,267,953.57

BOARD/COMMISSION/COMMITTEE PRIOR ACTION:

Not Applicable.

EXPLANATION:

Per Government Section Code 37208, below are the payments issued for period 2/17/23 - 2/23/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Chen Ryan Associates 362069 $108,201.07 CIP 21-25 W. 19th Street Greenway Eng/PW City of San Diego 362072 $106,300.08 Fire & Emergency Med Dispatch Services Tyler Technologies Inc 362143 $159,224.54 Tyler Tech Munis and CAD Services Public Emp Ret System 230217 $289,784.27 Service Period 1/24/23 – 2/6/23

FINANCIAL STATEMENT:

Warrant total $2,267,953.57

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. 34

PAYEE DESCRIPTION CHK NO DATE AMOUNT
BEHAVIORAL ANALYSIS TRAINING TRAINING TUITION INTR INTRRG HAWK 36 2046 2/20/2023 575.00 DEPASCALE TRAINING SLI 5 362047 2/20/2023 468.00
HAWK TRAINING INTRVW INTRG 362048 2/20/2023 1,231.60
IRISH CONGRESS OF SOUTHERN 41ST ENTRANCE FEE INTO ST PATRICK'S D AY 362049 2/20/2023 50.00 ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS / NSD 362050 2/23/2023 7,269.23 ADAMOS TRAINING POST &AVD LDG DISPTCH SPRVSR 362051 2/23/2023 1,987 .34 ADMINSURE INC WORKERS' COMPENSATION CLAIMS - MARCH 362052 2/23/202 3 8,353.00 ALDEMCO FOOD / NUTRITION CENTER 362054 2/23/2023 12,104.03 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 362055 2/23/2023 1,495.0 5 AMAZON SENIOR RECREATION PROGRAM MORNING SOCIAL 362056 2/23/2023 28 .21 ANGULA CITATION REFUND - JANUARY 2023 362057 2/23/2023 90.00 APS LIGHTING & SAFETY PRODUCTS CITY VEHICLE PARTS FY23- PW/EQUIP MENT 362058 2/23/2023 8,228.79 AT&T AT&T & SBC ANNUAL PHONE SERVICE FOR FY23 362059 2/23/2023 2,21 4.61 AVILA CITATION REFUND - JANUARY 2023 362060 2/23/2023 130.00 BAKER & TAYLOR BAKER AND TAYLOR/BOOKS/FY23 362061 2/23/2023 457.74 BOWMAN CITATION REFUND - JANUARY 2023 362062 2/23/2023 10.00 BRAMBILA CITATION REFUND - JANUARY 2023 362063 2/23/2023 110.00 BROADWAY AUTO GLASS OFF-SITE WINDOW TINT, REPAIR FY23-PW/EQUIP 36 2064 2/23/2023 1,253.13 BSN SPORTS LLC VOLLEYBALLS FOR CAMACHO 362065 2/23/2023 306.02 CAFFE TAZZA BREAKFAST & LUNCN FOR FIRE ASSESSEMENT 362066 2/23/20 23 530.30 CAFFE TAZZA BREAKFAST & LUNCH FOR FIRE ASSESSEMENT 362067 2/23/202 3 401.90 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES- PW 362068 2/23/2023 362.13 CHEN RYAN ASSOCIATES INC CIP 21-25 W. 19TH ST GREENWAY - ENG/PW 3 62069 2/23/2023 108,201.07 CITY OF CHULA VISTA ROPE RESCUE TECHNICIAN CLASS/FIRE 362070 2/23/ 2023 1,050.00 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT 362071 2/23/2023 35 8.30 CITY OF SAN DIEGO FIRE&EMERGNCY MED DISPATCH SVCS FY22-23 362072 2 /23/2023 106,300.08 CLEAR WATER TECHNOLOGIES LLC MONTHLY WATER TREATMENT FY23- PW/FA CILITIES 362073 2/23/2023 475.00 CODE ENFORCEMENT OFFICERS CACEO MEMBERSHIP / NSD 362074 2/23/2023 136.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL & DOT EXAM 3620 75 2/23/2023 790.00 COPWARE INC COPWARE/INVESTIGATIONS LICENSE 362076 2/23/2023 2,550.0 0 CORELOGIC SOLUTIONS LLC REALQUEST MONTHLY REPORTS FY23 362077 2/23 /2023 127.09 COUNTY OF SAN DIEGO PARKING CITATION REVENUE - DECEMBER 2022 3620 78 2/23/2023 13,711.00 DATA DETECTION GROUP DATA CONVERSION 362079 2/23/2023 255.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 362080 2/23/2023 1,7 90.95 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 362081 2/23/2023 203 .00 DEPT OF JUSTICE DOJ FINGERPRINTING JANUARY 362082 2/23/2023 164.00 D-MAX ENGINEERING INC CIP 22-46 STORM WATER SERVICES - ENG/PW 362 083 2/23/2023 9,174.77 ENSAFE INC CIP 22-14 PARADISE CREEK EDU PARK LAND 362084 2/23/202 3 1,960.20 FACTORY MOTOR PARTS MOP 82766 AUTO SUPPLIES- PW 362085 2/23/2023 19 9.98 FLEET SERVICES INC MOP 67804 AUTO SUPPLIES- PW 362086 2/23/2023 100 .92 GARCIA TRAINING ADV SUB DUI 362087 2/23/2023 631.81
GARCIA REIMBURSEMENT FOR PEDRO GARCIA 362088 2/23/2023 152.24 GUZMAN CITATION REFUND DECEMBER 2022 362089 2/23/2023 35.00 HDR ENGINEERING, INC. CIP 22-55 WASTEWATER MASTER PLAN UPDATE 362 090 2/23/2023 7,216.00 HERNANDEZ PARKING CITATION REFUNDS - DECEMBER 2022 362091 2/23/202 3 10.00 JENSEN PARKING CITATION REFUNDS - DECEMBER 2022 362092 2/23/2023 10 .00 KIMLEY HORN CIP 19-33 PARADISE CREEK PARK EXTENSION 362093 2/23/2 023 2,567.50 WARRANT REGISTER # 34
2/23/2023
1/3Page 121 of 584

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 34
2/23/2023
LIEBERT CASSIDY WHITMORE 2023 LCW ANNUAL CONFERENCE - HR STAFF 3 62094 2/23/2023 2,875.00 LUND CITATION REFUND - JANUARY 2023 362095 2/23/2023 110.00 LYNN PEAVEY COMPANY P&E SUPPLIES 362096 2/23/2023 792.86 MAINTEX INC MAINTEX CORNER TURKISH TOWELS / NSD 362097 2/23/2023 39 0.08 MARQUEZ CITATION REFUND - DECEMBER 2022 362098 2/23/2023 80.00 MARQUEZ CITATION REFUND - DECEMBER 2022 362099 2/23/2023 80.00 MARQUEZ CITATION REFUND - DECEMBER 2022 362100 2/23/2023 80.00 MIKES WHOLESALE CITATION REFUND - DECEMBER 2022 362101 2/23/2023 35 .00 MIKES WHOLESALE CITATION REFUND - JANUARY 2023 362102 2/23/2023 35. 00 MURPHY CITATION REFUND - JANUARY 2023 362103 2/23/2023 10.00 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL FY23-PW/FACI 3 62104 2/23/2023 580.00 NATIONAL GRANTS MANAGEMENT TRAINING TUITION GUTLY 362105 2/23/2023 1,243.00 NATIONAL GRANTS MANAGEMENT TRAINING TUITION GIL 362106 2/23/2023 1, 243.00 NOWDOCS INTERNATIONAL INC W2 FORMS & ENVELOPES, 1099 MISC ENVELO PE 362107 2/23/2023 242.73 OFFICE SOLUTIONS BUSINESS SRJ48967A, CHAIR, SERTA, BK 362108 2/23/ 2023 950.01 ON DUTY HEALTH, PLLC ANNUAL FIREFIGHTER HEALTH & FITNESS 362109 2/ 23/2023 38,512.00 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL FY23- PW/ EQUIP 362110 2/23/2023 1,497.70 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 362111 2/23/2023 110.48 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 362112 2/23/2023 56.27 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES- PW 362113 2/23/2023 54.20 PERRY FORD-NATIONAL CITY LLC DRIVEABILITY DIAGNOSIS FY23- PW/E QUIPM 362114 2/23/2023 1,262.67 POLICE AND FIRE PSYCHOLOGY PSYCH EVAL CARD 362115 2/23/2023 675.00 PORTILLO CONCRETE INC CIP 22-40 CAMAQCHO REC CENTER ADA UPGRADE 3 62116 2/23/2023 2,141.63 POWERSTRIDE BATTERY CO INC AUTO BATTERIES FY23- PW/EQUIPMENT 3621 17 2/23/2023 1,092.20 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES- PW 362118 2/23/2023 5 ,111.28 PRUDENTIAL OVERALL SUPPLY LAUNDRY SERVICES FOR NUTRITION STAFF 36 2119 2/23/2023 1,030.20 RANDALL LAMB ASSOCIATES INC CIP 19-42 STANDBY POWER CONVERSION - ENG 362120 2/23/2023 8,230.00 S D COUNTY SHERIFF'S DEPT JANUARY TRAINING SHOOT 362121 2/23/2023 1 00.00 SASI INVOICE #120685 / INVOICE DATE 02/01/23 362122 2/23/2023 782.5 0 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 362123 2/23/2023 13. 30 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 3621 24 2/23/2023 614.31 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES- PW 362 125 2/23/2023 227.73 SMART & FINAL MENU ITEMS FOR 2/16 / NUTRITION 362126 2/23/2023 14.9 9 SOUTH BAY FENCE INC 300 FEET CHAIN LINK FENCE RENTAL 362127 2/23/2 023 300.00 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES- PW 362 128 2/23/2023 29.07 SOUTHERN CROSS PROPERTY REFUND FOR SC PROPERTY CONSULTANTS 3621 29 2/23/2023 690.00 SPEEDPRO IMAGING VEHICLE DECALS FY23- PW/EQUIPMENT 362130 2/23/202 3 221.97 STAPLES BUSINESS ADVANTAGE MOP 45704 PLANNING/OFFICE SUPPLIES 362 131 2/23/2023 476.65 STC TRAFFIC CIP 22-51 PLAZA BLVD TRAFFIC SIGNAL ASSEMNT 362132 2/2 3/2023 6,885.00 SWRCB ANNUAL PERMIT FEE FOR PARADISE CREEK -ENG 362133 2/23/2023 4, 959.00 SYMBOLARTS, LLC COMMAND HAT BADGES 362134 2/23/2023 1,090.69 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 362135 2/23/2023 6,601. 71 TANOIVAEONO CITATION REFUND - DECEMBER 2022 362136 2/23/2023 80.00 TECHNOLOGY INTEGRATION GROUP MISC MIS EQUIP 362137 2/23/2023 2,108. 66 THE LAW OFFICE OF BILL PARKS LIABILITY CLAIM COST 362138 2/23/2023 45,000.00 THE PUN GROUP LLP AUDIT FOR THE YAR ENDED JUNE 30, 2022 362139 2/2 3/2023 20,000.00 THOMSON REUTERS WEST SUBSCRIPTIONS 362140 2/23/2023 607.47 2/3Page 122 of 584

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 34
2/23/2023
TOYOTA OF LANCASTER CITATION REFUND - DECEMBER 2022 362141 2/23/20 23 190.00 T'S & SIGNS A KIMBALL HOLIDAY MARKETING 362142 2/23/2023 1,076.63 TYLER TECHNOLOGIES INC TYLER TECHNOLOGIES MUNIS AND CAD SERVICES 362143 2/23/2023 159,224.54 TYLER TECHNOLOGIES INC TRAINING TUITION TYLER CONNECT 362144 2/23/ 2023 3,201.00 UNIFIED PROTECTIVE SERVICES CITATION REFUND - JANUARY 2023 362145 2/23/2023 105.00 VELOCITY TRUCK CENTERS ENGINE AND TRANSMISSION PARTS - PW/EQUIP 3 62146 2/23/2023 2,871.19 VISION SERVICE PLAN FEBRUARY 2023 - VISION SERVICE PLAN CA 362147 2/23/2023 968.74 W. GERRIETS INTERNATIONAL INC. DANCE FLOORING FOR EL TOYON - CSD 362148 2/23/2023 30,040.94 WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES FY23 3621 49 2/23/2023 3,671.20 WEST PAYMENT CENTER INVESTIGATIVE SERVICES 362150 2/23/2023 659.00 WETMORES MOP 80333 AUTO SUPPLIES- PW 362151 2/23/2023 483.27 WHILLOCK CONTRACTING CIP 18-07 PARADISE CREEK PARK SITE REMED 362 152 2/23/2023 6,676.46 WILLIAMS CITATION REFUND - JANUARY 2023 362153 2/23/2023 10.00 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES- PW 362154 2 /23/2023 48.38 WSP USA INC CIP 22-59 NC BIKE MASTER PLAN - ENG/PW 362155 2/23/202 3 19,380.81 YORK CITATION REFUND - JANUARY 2023 362156 2/23/2023 10.00 A/P Total 693,766.51

WIRED PAYMENTS
PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - FEBRUA RY 152290 2/17/2023 621.68 PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 01/24/2023- 02/06/20 23 230217 2/17/2023 289,784.27 U S BANK MOP 19657 CC PD 263645 2/23/2023 258.43
THE BANK OF NEW YORK MELLON TRUSTEE FEE-PERIOD 11/16/22 TO 11/15 /23 307437 2/21/2023 1,710.00 THE BANK OF NEW YORK MELLON TRUSTEE FEE- PERIOD 11/03/22 TO 11/0 2/23 307440 2/21/2023 1,350.00

PAYROLL
Pay period Start Date End Date Check Date
5 2/7/2023 2/20/2023 3/1/2023 1,280,462.68

GRAND TOTAL 2,267,953.57
3/3Page 123 of 584

AGENDA REPORT

Department: Planning
Prepared by: Martin Reeder, AICP – Planning Manager
Meeting Date: Tuesday, April 4, 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.)

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

F

INDINGS OF FACT
F
OR THE
NAT

IONAL CITY BAYFRONT PROJECTS & PLAN AMENDMENTS
F

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

NTRODUCTION
The Board of Port Commissioners of the San Diego Unified Port District (District) hereby makes the following Findings concerning the Final Environmental Impact Report (UPD #EIR-2018-232; SCH #201 8121054) for the National City 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 proposed project consists of the following:
• 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 the public comment period and the District’s responses to those comments.  Chapter 4 contains references used in the Final EIR.
 Attachment 1 to the F inal EIR contains the Mitigation Monitoring and Reporting Program (MMRP).
• Volume 2 of the Final EIR is a revised version of the Draft EIR, identifying changes in the text of the Draft EIR and other information added by the District in response to the public comments received during the public comment period.
• Volume 3 of the Final EIR consists of Appendices A through G of the Final EIR. Appendix Da (Revised Draft Port Master Plan Amendment associated with Balanced Plan) was added to the Final EIR.
• Volume 4 of the Final EIR consists of Appendi ces H through J of the Final EIR. Revisions were made to Appendix H (Marine Biological Resources Report) and Appendix J (Noise and Vibration Data and Calculations).

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

• V
olume 6 of the Final EIR consists of Appendices L through N of 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 proponents (collectively, project proponents ), are proposing a project with 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 ), G eneral Plan, Harbor District Specific Area Plan (HDSAP ), and Land Use Code (LUC) (Municipal Code Title 18 Zoning) (collectively “project” or “proposed 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. • Changes to land and water use designations in the District’s PMP (National City Marina District Balanced Land Use Plan [Balanced Plan]). • Construction and operation of a recreational vehicle (RV ) park, modular cabins, dry boat storage, an expanded marina, and up to four hotels, primarily within the District’s jurisdiction (GB Capital Component). • Construction and operation of a rail connector track and storage track within the District’s jurisdiction (Pasha Rail Improvement Component). • 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 Closures Component).
• Construction and operation of Segment 5 of the Bayshore Bikeway within the District’s and City’s jurisdictions (Bayshore Bikeway Component). • Construction and operation of hotel, restaurant, retail, and/or a combination of tourist/visitor-serving commercial development north of Bay Marina Drive within the City’s jurisdiction (City Program – Development Component). • PMP Amendment (PMPA) to clarify jurisdictional land use authority, redesignate land uses, balance commercial and maritime uses , add appealable projects to the project list and change the Planning District accordingly (PMPA Component).
• Amendments to the City’s LCP, General Plan, HDSAP, and LUC that would include changes to jurisdictional boundaries; changes to subarea

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

T
he proposed Balanced Plan includes a PMPA and corresponding LCP 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 process to identify a reconfiguration of land uses to optimize recreational, maritime, and commercial uses within the National City Marina District, which is the area generally north of Sweetwater Channel and west of the wildlife refuge (Paradise Marsh).

Implementation of the Balanced Plan would clearly delineate maritime land use boundaries from potential recreational and commercial land use boundaries while allowing operational efficiencies , but not throughput, to increase 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, reconfiguration of commercial recreation and maritime- related land uses, the expansion 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 Component, and a portion of the Bayshore Bikeway Component are all within the District’s jurisdictional boundaries. Consequently, changes proposed by these components would require a PMPA and are referred to collectively as the “Port Master Plan Amendment Component” or “PMPA Component” and include:
• Incorporation of the Balanced Plan, most of the GB Capital Component, the Pasha Rail Improvement Component, and the alignment of the Bayshore Bikeway into the PMP.
• Removal of the Street designation for the street closures associated with the Pasha Road Closures Component and redesignation of these areas (with the exception of the area within the City’s jurisdiction) as Marine- Related Industrial.
• Addition of approximately 12.4 acres of the Balanced Plan, located mostly on the GB Capital site east of the mean high tide line and owned in fee by the District, into the PMP.
• 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 Cit y’s jurisdiction.

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

• R
emoval of approximately 12.4 acres of the Balanced Plan, located mostly on the GB Capital site east of the mean high tide line and owned in fee by the District, from the City’s General Plan, LCP, HDSAP, and LUC to reflect changes in land use and jurisdictional authority.
• Incorporation of seven parcels north of Bay Marina Drive and adjacent rights-of-way into the City’s HDSAP.

1.2 Project Location
The project sit e is located in the southwestern portion of National City, partially within the City’s existing jurisdiction, partially within the District’s existing jurisdiction. The project area is generally bordered by Paradise Marsh (part of the San Diego Bay National Wildlife Refuge/Sweetwater Marsh Unit) to 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 marine 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 following general locations:
• The Balanced Plan is located within the District’s jurisdiction 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 National Distribution Center, east of NCMT, and west of Paradise Marsh. The Balanced Plan proposes to reconfigure areas that are designated for Park/Plaza, Commercial Recreation, Marine Terminal, Marine- Related Industrial, Recreational Boat Berthing, and Street land uses in the Port Master Plan. The Balanced Plan also includes an expansion to Pepper Park.
• 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 utilized by Pasha, generally to the north and west of the marina. The GB Capital site 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 generally on the area identified for a Commercial Recreation land use in the Balanced

P
lan, but also extends into the City’s jurisdiction, and outside the Balanced Plan boundaries, in the Sweetwater Channel. The landside portions of the GB Capital Component, as well as the existing marina, and most of the jetty are located within the District’s jurisdiction.
• 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 east 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. • The Pasha Road Closures Component is located on Tidelands Avenue, from south of Bay Marina Drive to 32nd Street, and West 28th Street, between Quay Avenue and Tidelands Avenue. The Pasha Road Closures Component is mostly located within District jurisdiction, and a portion (between Bay Marina Drive and the mean high tide line) is located within City jurisdiction.
• The Bayshore Bikeway Component is generally located on a combination of existing roadways, including Bay Marina Drive, Marina Way (formerly Harrison Avenue), McKinley Avenue, and Civic Center Drive. Most of the Bayshore Bikeway Component is located within the City’s jurisdiction, 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 intersection of Bay Marina Drive 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 anticipated future market demands for those uses, while also increasing public access on the project site.

3. I
mplement cohesive commercial development that is designed to 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 enhance the waterfront experience for all visitors and maximize opportunities to attract tourism to the City.

5. Reduce unnecessary train movements and reduce the required effort 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 operations, 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 currently 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. I
ncorporate 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, ex pand aquaculture potential on District t idelands, was removed because GB C apital withdrew its request for aquaculture from the proposed project.

2.0 ENVIRONMENTAL P ROCEDURES

2.1 Lead Agency
Pursuant to State CEQA Guidelines §15367, the D istrict is the “lead agency” because it has the principal responsibility for approving the proposed 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. T he D istrict 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 Permits (CDPs) and any real estate agreements for the project components within the District’s jurisdiction. If the Board approves the PMPA, the California Coastal Commission (CCC) will then consider whether to certify the PMPA. The CCC, as a CEQA responsible agency as defined State CEQA Guidelines §15381, would con sider the EIR prior to making its decision whether to certify the PMPA. 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 Guidelines §15381 , and prior to reaching a decision on the proposed project, the City is required to consider the environmental effects generated from the project as 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. The City’s approval is required for amendments to the City’s General Plan, LUC, LCP, and HDSAP and for authorization of issuance of CDP(s) for proposed project components within the City’s jurisdiction. Furthermore, the City’s approval is required for the issuance of other discretionary permits (e.g., CDPs, condi tional 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, General 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 contain s all the information required by State CEQA Guidelines §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 the Office of Planning and Research and was filed with the San Diego C ounty Clerk in accordance with State CEQA Guidelines §15082. The NOP and notices of its availability were mailed to public 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 January 24, 2019 , at the National City Aquatic Center.

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

These comments and the District’s responses to them are included 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 Board of Port Commissioners of the District on October 11, 2022 and November 16, 2022 , at which interested agencies, organizations , and individual s 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 administrative record of the District ’s decision concerning certification of the Final EIR for the project shall include, but may not be limited to, the following:
• The Notice of Preparation and Initial Study (December 2018); • The Draft EIR (September 2021);
• The Final EIR (September 2022);
• The appendices to the Draft EIR and the Final EIR;

• A
ll documents and other materials referenced and/or incorporated by reference in the Draft EIR and Final EIR, including but not limited to the materials identified in Chapter 9, References, of the Draft EIR; • All reports, applications, memoranda, maps, letters, and other documents prepared by the District’s staff and consultants for the proposed project, which are before the Board of Port Commissioners as determined by the District Clerk;
• All documents or other materials submitted by interested persons and public agencies in connection with the Draft EIR and the Final EIR; • The minutes, video recordings, and verbatim transcripts, if any, of the public hearings held on October 11, 2022 and November 16, 2022, concerning the Final EIR and the proposed project;
• Matters of common knowledge to the Board of Port Commissioners and the District, including but not limited to the Port Master Plan; and • Any other materials required to be in the record of proceedings 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 Commissioner s. The location of the administrative 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 UNDE R 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 feasibil ity of mitigation measures and alternatives identified in the Final EIR that would avoid or substantially lessen the significant environmental effects. Once 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 the Final EIR or otherwise brought to its attention. If significant impacts remain 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 findings 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 impac
t and alternative identified in the Final EIR. Each
finding

c
ontains a conclusion regarding each significant impact, substantial evidence supporting the conclusion, and an explanation of how the substantial evidence supports the conclusion.

For each significant effect identified in the Final EIR, the District 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 incorporated 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, adopted 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 period of time, taking into account economic, environmental, legal, social , and technological factors ( State CEQA Guidelines §15364) . The concept of “feasibility” 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 based 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 avoided or substantially lessened either through the adoption of feasible mitigation measures or a feasible alternative, a public agency, after adopting proper findings, may nevertheless approve the project if the agency adopts a statement of overriding considerations setting forth the specific reasons why the agency found that the project’s benefits rendered acceptable its unavoidable adverse environmental effects. (State CEQA Guidelines §§15093, 15043 (b); see also Pub lic Resources Code §21081(b)) . The California Supreme Court has stated, “[t]he wisdom of approving…any development project, a delicate task which requires 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 approved project because it would have significant unavoidable environmental impacts on the following areas, which are described in detail in Volume 2 (Final EIR), Chapter 4, E
nvironmental Impacts, and Chapter 5, Cumulative Impacts :

• Di
rect/project-level impacts on GHG emissions and climate change; noise and vibration; and transportation, circulation, and parking; and • Cumulative impacts on GHG emissions and climate change; and transportation, circulation, and parking.

3.3 Legal E ffect
To the extent these findings conclude mitigation measures identified in the Final EIR are feasible and have not been modified, superseded, or withdrawn, the District hereby binds itself and any other responsible parties, including future project applicants and their successors in interest, to implement those mitigation measures. These findings are not merely informational, but constitute 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 adopt s resolution(s) for the necessary project approvals.

3.4 Mitigation Monitoring and Reporting Program
In addition to adopting these findings, the District also adopts a Mitigation Monitoring and Reporting Program pursuant to Public Resources Code §21081.6 and State CEQA Guidelines §15097. This program is designed to ensure the proposed project complies with the feasible mitigation measures identified below during implementation of the approved project . The program is set forth in the “Mitigation Monitoring and Reporting Program for the National City Bayfront Projects & Plan Amendments,” which is adopted by the District concurrently with these findings and is incorporated herein by this reference (Final EIR Attachment 1, Mitigation Monitoring and Reporting Program).

4.0 FINDINGS RE GARDING POTENTIAL DIRECT AND INDIRECT

SIGNIFICANT EFFECTS
As indicated in the EIR, t he proposed project could result in direct and indirect significant environmental effects with respect to aesthetics and visual resources ; air quality and health risk ; biological resources ; cultural resources, tribal cultural resources, and paleontological resources; energy; greenhouse gas emissions and climate change; hazards and hazardous materials; land use and planning; noise and vibration; transportation, circulation, and parking ; and utilities and service systems. These potential significant environmental effects, and the mitigation measures identified to avoid or substantially lessen them, are discussed in detail in the applicable sections of Volume 2 ( Final EIR ). A summary 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 and indirect significant effects of the approved project . The findings incorporate by reference the discussion of potentially significant impacts and mitigation measures contained in the Final EIR.

4.1 Aestheti cs and Visual Resources

4.1.1 Impact -AES-1: Obstructed Views W ithin a V ista D uring Project Construction (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact -AES-1) related to construction activities in the marina, on the jetty, and in Sweetwater Channel associated with the GB Capital Component (Phase 1) that would result in significant temporary impacts on vista areas from Key Observation Point ( KOP) 2. 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 t hat avoid or substantially lessen the significant environmental effect on aesthetics 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 analyzed 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 vista 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 implementation of mitigation measure MM-AES-1: Install Construction Screening and Fencing, and MM-AES-2: Install Wayfinding and Public Access Signage, 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-1: Install Construction Screening and Fencing (GB Capital 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.

M
M-AES-2: Install Wayfinding and Public Access Signage (GB Capital Component). Prior to construction of any GB Capital-r elated 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 ar eas (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 revi ew 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 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 associated with construction of Phase 1 of the GB Capital Component to a less than significant level.

4.1.2 Impact -AES-2: Inaccessibility of a Vist a Are a During P roject Construction (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact -AES-2) related to construction activities associated with the GB Capital Component (Phase 1) that partially obstruct the view from KOP 3 and could restrict access to the KOP for up to two years. 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 avoid or substantially lessen the significant environmental effect on aesthetics 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 analyzed in Volume 2 ( Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact- AES-2 would result from construction activities partially obstructing 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 implementation 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 m itigation measure is di scussed i n 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 (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).

Implementation of mitigati on 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 availability 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 avoid or substantially lessen the significant environmental effect on aesthetics 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 analyzed in Volume 2 ( Final EIR), Section 4.1, Aesthetics and Visual Resources . Potential Impact - AES-3 would result from the introduction of new features related 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 implementation of mitigation measures MM -AES-4: Install Permanent Wayfinding Signage 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

S
ummary 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 Space Area on Jetty (GB Capital Component). 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.

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 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.

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 significant 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 across the jetty to protect the view corridor.

4.1.4 Impact-AES-5: Development of the GB Capital Component Would Potentially Affect Visual Character W ithin 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 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 avoid or substantially lessen the significant environmental effect on aesthetics 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 -AE
S-5) is analyzed 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 implementation 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 Section 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 Compon ent 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.

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 D ue t o Additional Lighting (GB Capital Component)
Potentially Significant Impact: The EIR identifies a potentially significant impact on aesthetics and visual resources (Impact -AES-6) resulting from the addition of new parking and landscape lighting as part of the development of GB Capital Component, which could disrupt wildlife behaviors and affect nighttime 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 avoid or substantially lessen the significant environmental effect on aesthetics 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-A ES-6) is analyzed in Volume

2 ( Final EIR), Section 4.1, Aesthetics an d Visual R esources. P otential Impact - AES-6 w ould result f rom t he addition of new outdoor lighti ng as par t of t he 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 reduce d to below a level of significance by implementation 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 outdoor 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.

M
M-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 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.

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 Qu ality and Health Risk

4.2.1 Impact -AQ-1: New Land Use D esignations Not Accounted for i n 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 Regio nal Air Quality Strategy (RAQS) and state implementation plan (SIP). 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 avoid or s
ubstantially lessen the significant environm ental effect on air quality and health

risk identified as Impact -AQ-1 in the EIR. Further, pursuant to 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 SIP 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 risk (Impact-AQ-1) would be reduced to below a level of significance by implementation of mitigation measure MM -AQ-1: Update 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 (All Project Components). Within 6 months from approval of the proposed project, the District and City shall provide SANDAG with revised employment gr owth forecasts 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 Cit y 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.

Implementation of mitigation measure MM- AQ-1 would reduce potential impacts associated with inconsistency with the RAQS and SIP to a less- than-significant level by ensuring the administrative process to update SANDAG’s growth projections is completed and the RAQS and SIP are updated by SANDAG and the S
DAPCD. 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: E missions in E xcess of Criteria P ollutant T hresholds 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 unmitigated project emissions during construc tion exceeding applicable significance thresholds.

Detailed information and analysis r egarding this pot entially 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 avoid or substantially lessen the significant environmental effect on air 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 exceeding applicable significance thresholds that have been set to attain the National Ambient Air Quality Standards (NAAQS) and California Ambient Air Quality Standards (CAAQS) for criteria pollutants.

The potentially significant impact on air quality and health (Impact-AQ-2) would be reduced to below a level of significance by implementation of mitigation measures MM -AQ-2: Implement Diesel Emission -Reduction Measures During Construction (All Project Components) , MM -AQ-3: Implement Fugitive 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 Compo nent), MM-AQ-5: Use Modern Harbor Craft During Construction Activities (GB Capital Component ), and MM -AQ-6: Stagger Overlapping Construction Phases and Components (All Project Components ).

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 ar e discussed i n Section 4.2, Air Quality and Health Risk, of Volume 2 of the EIR and provide as follows:

MM-AQ-2: Implement Diesel Emissi on-Reduction Measures During Construction (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 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 c
onstruction was consistent with following requirem ents:

• F
or 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.
• 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 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.
• 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.
• Maintain all equipment in accordance with the manufacturers’ specifications.
• Turn off all construction- related equipment, including heavy -duty equipment, motor vehicles, and portable equipment, when not in use for more than 3 minutes.
• 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. • Use diesel particulate filters (or the equivalent) if permitted under manufacturer’s guidelines for on-road and off-road diesel equipment.

MM
-AQ-3: Implement Fugitive Dust Control During Construction (All 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 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).
• Water the grading areas at a minimum of three times daily to minimize fugitive dust.
• Stabilize graded areas as quickly as possible to minimize fugitive dust. • Apply chemical stabilizer or pave the last 100 feet of internal travel path within the construction site prior to public road entry. • Install wheel washers adjacent to a paved apron prior to vehicle entry on