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Regular City Council Meeting of October 3 2023
AGENDA Consolidated Regular Meeting City Council Chamber - 1243 National City Boulevard, National City, CA Ron Morrison, Mayor Luz Molina, Vice-Mayor Ben Martinez, Interim 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 Meetings and Workshops may be same day, the 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 before the City 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 before the meeting or immediately following the announcement of the item. All comments 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 a written comment email to the City Clerk’s Office at least 2 hours before the City Council Meeting to allow time for distribution to the City Council. EFFECTIVE JANUARY 1, 2023 All Contributions to Candidates and Current Elected Officials are required to self -report a Declaration of Campaign Contribution to a Councilmember of more than $250 within the past year (effective Jan 1, 2023). This report may be included on the Public Comment Speaker Slip to be completed before the City Council Meeting . Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk before 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 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 Ben Martinez, Interim 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 tercer 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 temas 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 reunión 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. A PARTIR DEL 1 DE ENERO DE 2023 Todas las contribuciones a los candidatos y funcionarios electos actuales deben autoinformar una Declaración de contribución de campaña a un concejal de más de $ 250 en el último año (a partir del 1 de enero de 2023). Este informe puede incluirse en el Recibo del orador de comentarios públicos que se completará antes de la reunión del Concejo 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 participar 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, October 3, 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.INVOCATION 5.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. 6.PROCLAMATIONS AND RECOGNITION 6.1 National Domestic Violence Awareness Month 5 6.2 Introduction of New City Employees.6 7.PRESENTATION (Limited to Five (5) Minutes each) 7.1 Civil Service Commission Annual Report to Council 7 8.REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) 9.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. 9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda 9.2 Acceptance of Donation from The Over Under Initiative and Approval of Use of Existing Appropriation and Fund Balance for Fencing for Kimball Park Goalpher Project. 12 Recommendation: Approve the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the In-Kind Capital Donation and Installation of a Pair of Goalphers from The Over Under Initiative and the Use of the Kimball Park Dog Park & Tot Lot and Las Palmas Dog Park Project Fund Balance for Fencing for the Kimball Park Goalpher Project.” 9.3 Approval of City Council Meeting Minutes.23 Recommendation: Approve and file. 9.4 California Library Family Literacy Services Grant Funds Acceptance 34 Recommendation: Adopt Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting the California Library Literacy Services (CLLS) grant of $55,945 from the California State Library for the Library Literacy Services Program for FY24 Adult Literacy and Family Literacy programs and authorizing the establishment of Library Grants Fund appropriations of $55,945 and corresponding revenue budgets.” 9.5 Notice of Decision - Conditional Use Permit for Modified Alcohol Sales Hours at an Existing Retail Store (The 99 Cents Only Store) Located at 1320 Highland Avenue. 77 Recommendation: Staff Recommends Approval of the Request for the Extended Alcohol Sales Hours Subject to the Attached Recommended Conditions. The Sale of Alcohol is a Conditionally Allowed Use in MXD-2 and Would Contribute to the Diversity of Commercial Offerings in the Area. 9.6 Notice of Decision - Conditional Use Permit for an Outdoor Commercial Recreation Facility (Padel Club) to be Located at 21 West 7th Street. 112 Page 2 of 294 Recommendation: Staff Recommends Approval of the Operation of an Outdoor Commercial Recreation Facility, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Operation of an Outdoor Commercial Recreation Facility is a Conditionally- Allowed Use in Development Zone 1B of the Downtown Specific Plan (DSP). 9.7 Notice of Decision – Conditional Use Permit for alcohol sales and karaoke at a new entertainment center (Round 1 Bowling & Arcade) to be located at Westfield Plaza Bonita. 151 Recommendation: Staff recommends approval of the sale of on-site beer, wine, and distilled spirits with live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from the California Environmental Quality Act (CEQA). The sale of alcohol is a conditionally- allowed use in the MXD-2 zone and would be accessory to food sales at the proposed entertainment center. 9.8 Part-Time Police Dispatcher Trainer Assignment Pay 197 Recommendation: Adopt a Resolution Entitled “Resolution of the City Council of the City of National City, California Authorizing Trainer Assignment Pay for Part-Time Police Dispatchers.” 9.9 Investment Report for the Quarter Ended June 30, 2023.200 Recommendation: Accept and File the Investment Report for the Quarter Ended June 30, 2023. 9.10 Investment transactions for the month ended July 31, 2023.231 Recommendation: Accept and file the Investment Transaction Ledger for the month ended July 31, 2023. 9.11 Warrant Register #3 for the period of 7/14/23 through 7/20/23 in the amount of $1,484,995.15. 239 Recommendation: Ratify Warrants Totaling $ 1,484,995.15 9.12 Warrant Register #4 for the period of 7/21/23 through 7/27/23 in the amount of $2,907,856.44. 244 Recommendation: Ratify Warrants Totaling $ 2,907,856.44. Page 3 of 294 9.13 Warrant Register #5 for the period of 7/28/23 through 8/03/23 in the amount of $2,994,591.27. 249 Recommendation: Ratify Warrants Totaling $2,994,591.27 9.14 Warrant Register #6 for the period of 8/4/23 through 8/10/23 in the amount of $3,540,950.62. 255 Recommendation: Ratify Warrants Totaling $3,540,950.62 10.PUBLIC HEARING The following item(s) have been advertised as public hearing(s) as required by law. 10.1 Master Fee Schedule Update 261 Recommendation: Hold a Public Hearing, Receive Public Comments, and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Updated City User Fees.” 11.STAFF REPORTS 11.1 Exclusive Negotiating Agreement Between the City of National City and Tower 999, LLC for the Disposition of City-Owned Real Property located at 921, 925, and 929 National City Boulevard. 276 Recommendation: Approve a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Second Amendment to the Exclusive Negotiating Agreement By and Between the City of National City and Tower 999, LLC, A Nevada Limited Liability Company for the Disposition of City-Owned Real Property Located at 921, 925, And 929 National City Boulevard and Development of a Seven-Story, Mixed-Use Building with Approximately 9,294 Square Feet of Retail/Commercial Space and 127 Rental Dwelling Units. 12.CITY MANAGER’S REPORT 13.ELECTED OFFICIALS REPORT 14.CITY ATTORNEY REPORT 15.ADJOURNMENT Regular Meeting of the City Council of the City of National City - Tuesday, October 17, 2023 - 6:00 p.m. - Council Chambers - National City, California. Page 4 of 294 Page 5 of 294 Page 6 of 294 City of National City CIVIL SERVICE COMMISSION ANNUAL REPORT, AUGUST 2022-JULY 2023 Page 7 of 294 Meetings Held REGULAR MEETINGS EVERY OTHER MONTH •Second Wednesday of the month at 5:30pm BETWEEN AUGUST 2022-JULY 2023 •5 Regular Meetings held •September 14, 2022, January 10, 2023, March 8, 2023, May 10, 2023, July 12, 2023 •November 2022 regular meeting cancelled •11 Appeal Hearing Meetings •1 Termination Appeal •1 Grievance Review Page 8 of 294 6 NEW CLASSIFICATIONS APPROVED •City Clerk •Crime & Intelligence Analyst •Equipment Mechanic I •Library Circulation Supervisor •Public Works Crew Supervisor •Fire Inspector I 6 CLASSIFICATIONS REVISED •Police Investigator •Deputy City Clerk •Animal Regulations Officer •Building Official •Equipment Mechanic II •Fire Inspector II Actions Taken 3 Page 9 of 294 2 RECLASSIFICATIONS APPROVED •Fire Senior Office Assistant to Administrative Secretary •Senior Library Technician to Library Circulation Supervisor ELECTION OF OFFICERS •Chairperson Luna •Vice Chair Coyote CAREER ADVANCEMENT ADDENDUM: 2 CLASSIFICATIONS ADDED •PT Call Taker to PT Police Dispatcher •Fire Inspector I to Fire Inspector II TERMINATION APPEAL HEARING •Thorough hearing process over 10 meetings •Upheld termination Actions Taken 4 Page 10 of 294 Questions? Page 11 of 294 AGENDA REPORT Department: Library and Community Services Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Acceptance of Donation from The Over Under Initiative and Approval of Use of Existing Appropriation and Fund Balance for Fencing for Kimball Park Goalpher Project. RECOMMENDATION: Approve the Resolution Entitled “Resolution of the City Council of the City of National City, California, Authorizing the Acceptance of the In-Kind Capital Donation and Installation of a Pair of Goalphers from The Over Under Initiative and the Use of the Kimball Park Dog Park & Tot Lot and Las Palmas Dog Park Project Fund Balance for Fencing for the Kimball Park Goalpher Project.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: National City’s parks are well-used and well-loved community resources. Kimball Park, located by City Hall, MLK Community Center, and the Library, provides a variety of amenities for local residents to enjoy. Among these amenities is a basketball court located in the southwest corner of the park. The basketball court is soon to be resurfaced with a mural design by A Reason to Survive (ARTS). As an important adjunct to this project, the Over Under Initiative (OUI) has submitted a letter of commitment to donate a Goalpher subterranean goal system to the City of National City, including shipping, installation and all project management necessary for completion of the installation. The Over Under Initiative (OUI) is a non-profit organization dedicated to improving the health and wellness of youth by increasing access to sports in urban neighborhoods, by converting basketball courts and other blacktops into multi-sport spaces, OUI provides greater play opportunities for kids most in need of these proven benefits and the goal system provides an additional sport alternative for park visitors. The donation from The Over Under Initiative will provide one pair of Goalphers to the City of National City through funding provided by San Diego Loyal Soccer Club. This donation includes manufacturing, shipping, installation, and all project management necessary to secure necessary construction permits and plan the construction. The Goalphers carry a 5-year warranty. The total value of the donation is $31,000. The installation of the Goalpher will be performed by CH Court Tech. This company was also contracted by ARTS to complete the court re-surfacing as part of a separate project. If approved, the installation of the Goalphers is tentatively scheduled for October/November 2023. In discussions regarding the project with Risk Management, staff concurred that fencing should be installed to accompany the installation. Signage would also be placed to delineate the use of Page 12 of 294 the equipment. In order to create a barrier that keeps soccer balls out of the adjacent pedestrian walkways, the baseball/softball outfield area, and the Paradise Creek stormwater channel, staff recommends installing approximately 40 feet of 8-foot high vinyl-coated chain link fence, on both the north and south edge of the basketball court. This fence would not create an enclosure, only act as a secondary barrier behind the proposed Goalpher. The cost to install this fence is estimated to be $13,000 to $15,000 and would be incorporated as a change order to the existing Kimball Park Dog Park & Tot Lot + Las Palmas Dog Park Project, CIP 23-06, to be covered by the contingency available and for which funds were previously appropriated. City Council Policy #204, Donation Acceptance Policy, states that all in-kind donations over $5,000 in value must be submitted through a written agreement consistent with the policy guidelines and approved by the City Council. In addition, in accordance with this policy, this in- kind capital donation is subject to normal City review, permitting, inspection, and insurance requirements. FINANCIAL STATEMENT: Approval of the Resolution authorizes the use of the Kimball Park Dog Park & Tot Lot + Las Palmas Dog Park Project, CIP 23-06 fund balance for fencing. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library 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 - Letter of Commitment from The Over Under Initiative Exhibit B - Goalpher Specifications Exhibit C - Donation Acceptance Agreement Exhibit D - City Council Policy #204 Exhibit E - Resolution Page 13 of 294 440 Kent Ave,2A Brooklyn,NY, 11249 July 17,2023 Dear Pedro Garcia, This letter is to confirm that the Over Under Initiative will be able to provide one pair of Goalphers to the City of National City through funding provided by San Diego Loyal Soccer Club.This includes manufacturing,shipping,installation,and all project management necessary to secure necessary construction permits and plan the construction.There is a five year warranty on the Goalpher product. The Goalphers have already been manufactured and shipping takes 7-10 days.Installation takes approximately 2-3 days and the specs have been attached to this email.Over Under Initiative plans to subcontract the work for the installation to a local general contractor.For this project,given that a resurfacing will take place after the installation of the Goalphers,the subcontractor will coordinate with City of National City to ensure that the Goalphers are installed above grade such that they can be flush to the resurfacing (ex:if resurfacing will add one inch,we will install Goalphers one inch above grade). The total financial value of the goods donated,including shipping and installation of the Goalphers as well as the equipment itself,will be $31,000. We hope to have the opportunity to convert the basketball court at Kimball Park for the community to enjoy. Should any further information be required,I can be reached at 609-306-2041 or josh@playoui.org. Sincerely, Joshua Dean Executive Director of the Over Under Initiative www.playoui.org openplay@playoui.org #OpenPlay Page 14 of 294 Drawing Not To Scale DATE: 05-19-2021 INFO: Detail SHEET A GENERAL NOTES - Contractor to verify site access for materials and machinery, goal locations, staging, site security and public and staff safety. - Contractor to protect all surfaces from machinery. - Contractor to secure required permit(s) where applicable. - Contractor to contact "Call before you dig" governing entities prior to excavation. - Contractor to set up temporary bracing of excavated walls, if the cavity is completely excavated down to 7'-0”. - Contractor to have water extraction measures in place, in the event of excavating below the current water table on the day of installation. INSTALLATION GUIDELINES: 1) Mark out excavation envelope. 2) Dig out trench and core post detail as per drawings. 3) Set Goalpher to finished grade and test mechanisms. 4) Goalpher system is to be plum and level. 5) Application of drainage stone on post core holes, as per drawings. 6) Install permeable geotextile fabric on top of drainage stone, as per drawings. 7) Fill post cores with concrete, keeping plum and level through process. 8) Fill trench area with concrete, as per drawings, to finished grade. 9) Clean area with water. Repeat second goal installation. All material is to be covered while work is on progress and hauled offsite at the days end. No excavated bulk material is to remain onsite, unless authorized in writing. CONCRETE 7'-0" 1'-3" 10 1/2"10 1/2" 7'-6" 3/4" CLEAR STONE 6 " 24 " DIA 24 " DIA 6 mil POLYETHYLENE SHEETING 3/4" CLEAR STONE 4'-0" 3'-0" ALLOW DEPTH FOR FINISH MATERIALGROUND LEVEL SET LID AT TOP OF GRADE TO EXISTING TIE-IN GRADE FOR SEAMLESS TRANSITION 3'-0" CONCRETE 1'-3" 6 " 6 mil POLYETHYLENE SHEETING 4'-0" 7'-0" 3/4" CLEAR STONE 75 " PLAYING AREA 7 1/2 " 10 " 7 1/2 " FOOTING AND TRENCH EXCAVATION PLAN 12 " 24 " 12 " 12 "12 " 99 " 75 " 90 " ALLOW DEPTH FOR FINISH MATERIAL SECTION A Page 15 of 294 UNCONDITIONAL DONATION OF PERSONAL PROPERTY TO THE CITY OF NATIONAL CITY The Over Under Initiative (hereinafter referred to as "the Donor") hereby (Name of Donor) makes an unconditional donation, in perpetuity of In-Kind capital donation of a pair of Goalphers. (Description of Donation) Donation includes manufacturing, shipping, installation, and all project management necessary to secure construction permits and plan the construction. The total goods donated, including shipping and installation, is valued at $31,000. (hereinafter referred to as "the Donation") to the City of National City. The Donor understands and acknowledges that pursuant to Sections 37354 and 37355 of the California Government Code, the City is authorized to accept said donation for any public purpose that the City desires. As a condition of the granting of permission by the City of National City to the Donor to conduct its activities on public property, the Donor hereby agree(s) to defend, indemnify, and hold harmless the City of National City, its officers, employees, and agents, from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property by the Donor or its agents, employees, or contractors. The Donor agrees 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. A certificate of insurance must be attached to this form. The individual executing this document on behalf of the Donor represents that he/she has the legal power, right and authority to bind the Donor; that all requisite action (corporate, trust, partnership or otherwise) has been taken by the Donor in connection with authorizing the execution of this document; that this document shall be legally enforceable as to the Donor; and that the execution of this document does not conflict with or result in the breach of any contract, bond, note or other agreement or instrument to which the Donor is a party. Date: DONOR By: (Authorized Representative) For Office Use Only Certification of Insurance Approved: Date: 9/14/23 Page 16 of 294 Page 17 of 294 Page 18 of 294 Page 19 of 294 Page 20 of 294 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE IN-KIND CAPITAL DONATION AND INSTALLATION OF A PAIR OF GOALPHERS FROM THE OVER UNDER INITIATIVE, AND AUTHORIZING THE USE OF THE KIMBALL PARK DOG PARK & TOT LOT AND LAS PALMAS DOG PARK PROJECT FUND BALANCE FOR FENCING FOR THE KIMBALL PARK GOALPHER PROJECT. WHEREAS, the City of National City’s parks are well-loved community resources that provide a variety of amenities for local residents to enjoy, including the basketball court at Kimball Park; and WHEREAS, The Over Under Initiative is a non-profit organization dedicated to improving the health and wellness of youth by increasing access to sports in urban neighborhoods by converting basketball courts into multi-sport spaces; and WHEREAS, The Over Under Initiative has donated a pair of Goalphers (a subterranean goal system) and the manufacturing, shipping, installation, and all project management necessary to secure necessary construction permits and plan the construction of the Goalphers at the Kimball Park basketball court; and WHEREAS, the City desires to accept the donation of the pair of Goalphers and the manufacturing, shipping, installation, and all project management necessary to secure necessary construction permits and plan the construction of the Goalphers at the Kimball Park basketball court from The Over Under Initiative; and WHEREAS, in connection with the Goalphers installation, the City desires to install fencing around the basketball court where the Goalphers are to be installed; and WHEREAS, the cost to install the fencing is estimated to be $13,000-$15,000 and would be incorporated as a change order to the existing Kimball Park Dog Park & Tot Lot + Las Palmas Dog Park Project, CIP 23-06, to be covered by the contingency available and for which funds were previously appropriated. 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 acceptance of the In-Kind Capital Donation and installation of a pair of Goalphers from Over Under Initiative. Section 2: That the City Council authorizes the use of the Kimball Park Dog Park & Tot Lot + Las Palmas Dog Park Project, CIP 23-06, fund balance for fencing related to the Goalphers installation. Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions. Page 21 of 294 PASSED and ADOPTED this 3rd day of October, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 22 of 294 AGENDA REPORT Department: City Clerk's Office Prepared by: Shelley Chapel, City Clerk Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Approval of City Council Meeting Minutes. RECOMMENDATION: Approve and file. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Meeting Minutes: Special City Council Meeting of September 19, 2023 Regular City Council Meeting of September 19, 2023 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 EXHIBITS: Exhibit A – Special City Council Meeting of September 19, 2023 Exhibit B – Regular City Council Meeting of September 19, 2023 Page 23 of 294 REGULAR MEETING MINUTES OF THE CITY COUNCIL Present: Councilmember Bush Councilmember Rodriguez Councilmember Yamane Vice-Mayor Molina (via Zoom) Mayor Morrison Others Present: Ben Martinez, Interim City Manager Richard Romero, Assistant City Attorney Shelley Chapel, City Clerk (via Zoom) Alex Hernandez, Assistant Chief of Police Tonya Hussain, Executive Secretary Ronny Soriano, Acting Neighborhood Services Manager Jose Tellez, Chief of Police Outside Counsel - Rene Farjeat, Silver and Wright (via Zoom) September 19, 2023, 5:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA And Teleconference Location (Vice-Mayor Molina) Sheraton Dallas Hotel 400 North Olive Street Dallas, Texas 75201 (Per Government Code 54953) Page 24 of 294 1. CALL TO ORDER A Special Meeting of the City Council of the City of National City was called to order at 5:05 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. Mayor Morrison announced that Vice-Mayor Molina would be attending remotely as Government Section 54953 allows when teleconference location is noticed on the agenda. Mayor Morrison confirmed that Vice-Mayor Molina had posted the agenda and provided access to the meeting at her location as required by the Brown Act and Government Code Section 54953. Vice-Mayor Molina confirmed and was allowed to continue virtually. This action does not require a vote of the City Council. 2. ROLL CALL Councilmembers present: Bush (5:20 p.m. arrival), Rodriguez, Yamane, Molina (via Zoom), Morrison 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Yamane led the Pledge of Allegiance. 4. CLOSED SESSION Members retired into Closed Session at 5:12 p.m. (Bush, Rodriguez, Yamane, Molina (via Zoom), Morrison, Martinez, Romero, Hernandez, Soriano, Tellez, and Outside Counsel Rene Farjeat, Silver and Wright (via Zoom)). All members returned to the open session at 6:06 p.m. with all members present in attendance: Bush, Rodriguez, Yamane, Molina (via Zoom), Morrison, Martinez, Romero. 4.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d) Number of potential cases: 1 Mayor Morrison announced that actions taken in Closed Session would be reported at the Regular City Council Meeting following this meeting at 6:00 p.m. Page 25 of 294 5. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, on Tuesday, September 19, 2023, at 6:00 p.m. in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 6:02 p.m. __________________________ Tonya Hussain, Executive Secretary The foregoing minutes were approved at the Regular Meeting of October 3, 2023. __________________________ Ron Morrison, Mayor Page 26 of 294 REGULAR MEETING MINUTES OF THE CITY COUNCIL September 19, 2023, 6:00 p.m. City Council Chamber - 1243 National City Boulevard National City, CA And Teleconference Location (Vice-Mayor Molina) Sheraton Dallas Hotel 400 North Olive Street Dallas, Texas 75201 (Per Government Code 54953) Present: Councilmember Bush Councilmember Rodriguez Councilmember Yamane Vice-Mayor Molina (via Zoom) Mayor Morrison Others Present: Ben Martinez, Interim City Manager Richard Romero, Assistant City Attorney Shelley Chapel, City Clerk (via Zoom) Carlos Aguirre, Acting Deputy City Manager/Housing Authority Director Molly Brennan, Administrative Services Director Danielle Ghio, Principal Librarian Alejandro Hernandez, Assistant Chief of Police Tonya Hussain, Executive Secretary Stephen Manganiello, Director of Public Works/City Engineer Sergio Mora, Fire Chief Martin Reeder, Planning Manager Page 27 of 294 1. CALL TO ORDER A Regular Meeting of the City Council of the City of National City was called to order at 6:10 p.m. via teleconference and in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. Mayor Morrison announced that Vice-Mayor Molina would be attending remotely as noticed on the agenda from a location in Dallas, Texas. Due to the requirements of AB2449, this virtual attendance did not qualify, but since the notification and location were provided prior to the distribution and posting of the meeting agenda Vice-Mayor Molina was able to attend if requirements were met. Mayor Morrison confirmed that Vice-Mayor Molina had posted the agenda and provided access to the meeting at her location as required by the Brown Act and Government Code Section 54953. Vice-Mayor Molina confirmed and was allowed to continue virtually. This action does not require a vote of the City Council. 2. ROLL CALL Councilmembers present: Bush, Rodriguez, Yamane, Molina (via Zoom), Morrison Administrative Officials present: Martinez, Romero, Chapel (via Zoom), Aguirre, Brennan, Ghio, Hernandez, Hussain, Manganiello, Mora, Reeder Interpretation in Spanish provided by Ruth Monroy and Luisa Diaz. 3. PLEDGE OF ALLEGIANCE TO THE FLAG Councilmember Bush led the Pledge of Allegiance. 4. INVOCATION Invocation delivered by Pastor Carolyn Nichols from the Southport Christen Center. 5. PUBLIC COMMENT Mayor Morrison summarized the process for acceptance of live public comment allowing three (3) minutes per comment and introduced City Clerk Chapel. Three (3) speakers provided in-person comments, one (1) written comment was received, and two (2) people provided virtual comment. In-person Comment: Written comment received, not read into Geoffrey Schrock the record: Edward Nieto Kathleen Lippitt Nancy Romero Zoom Comment: Judith Strang Katrina Preece Page 28 of 294 6. PROCLAMATION 6.1 Hispanic Heritage Month Mayor Morrison presented the proclamation. The Proclamation was accepted by representatives from Herencia Hispana California and the San Diego County Hispanic Chamber of Commerce. 7. PRESENTATION (Limited to Five (5) Minutes each) 7.1 Annual Planning Commission Chair 2023 report to City Council Planning Manager Martin Reeder introduced Planning Commission Chair Richard Martin Miller, who provided a PowerPoint Presentation. 8. REGIONAL BOARDS AND COMMITTEE REPORTS (Limited to Five (5) Minutes each) Councilmember Rodriguez provided an update on the SANDAG Public Safety Committee Meeting. Vice-Mayor Molina reported on the business of the SANDAG Board of Directors and reported her attendance at the NALEO Policy Institute Conference. Mayor Morrison reported on the business of the SANDAG Independent Tax Oversight Committee and participation on the Mayor’s Task Force on Homelessness. Councilmembers Bush and Yamane had no report. Port of San Diego Commissioner Sandy Naranjo provided a report on the recent Board Meeting. 9. CONSENT CALENDAR ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Bush to approve Consent Calendar Items 9.1 through 9.5 and 9.7 through 9.10 with Item 9.6 pulled for discussion. 9.1 Approval of Reading by Title Only and Waiver of Reading in Full of Ordinance on this Agenda Motion carried by unanimous vote 9.2 Approval of City Council Meeting Minutes. Approve and file. Motion carried by unanimous vote Page 29 of 294 9.3 Accept SDG&E’s 2023 SAFE San Diego Grant Program Award of $3,000 for the City’s Community Emergency Response Team (CERT) Program. Approved Resolution No. 2023-133 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Mayor to Accept Funds in the Amount of $3,000 from the San Diego Gas & Electric (SDG&E) 2023 SAFE San Diego Grant Program for the National City Community Emergency Response Team (CERT) Program and Authorizing the Establishment of a Reimbursable Grants City-Wide Fund Appropriation and Corresponding Revenue Budget.” Motion carried by unanimous vote 9.4 Authorize the Purchase of a Utility/Command Vehicle for the Fire Department. Approved Resolution No. 2023-134 Adopt a Resolution Entitled, "Resolution of the City Council of the City of National City, California, Authorizing the Informal Bid Process Pursuant to National City Municipal Code Section 2.60.210, Open Market Procedure When Informal Bidding Required, Regarding the Purchasing of the lowest of three bids and Authorizing the City to purchase from Perry Ford of National City One (1) Ford Super-Duty F- 350 Lariat 4X4 Crew Cab Pickup Not-to-Exceed Amount of $74,986.00 for the Fire Department and Authorizing the City Manager to Approve Adjustments to the Not- to-Exceed Amount for the Purchase of up to $78,736.00 as a 5% Contingency for Unforeseen Fluctuations in Pricing; 2) Approving Appropriations from the General Fund and Vehicle Replacement Fund in the Amount of $78,736.00 including a 5% Contingency Based on Increased Revenue from the Lower Sweetwater Fire Protection District; and 3) Adding the Vehicle to the Vehicle Replacement Schedule Based on Annual Reimbursements from the California Office of Emergency Services.” Motion carried by unanimous vote 9.5 Authorizing the Mayor to Execute the Program Supplement Agreement for the Retroreflective Back-Plates Project, CIP No. 23-04. Approved Resolution No. 2023-135 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, 1) Authorizing the Mayor to Execute Program Supplement Agreement (PSA) No. A238 with the State of California Department of Transportation (Caltrans) for the Retroreflective Back-Plates Project, CIP No. 23- 04; 2) Authorizing the Establishment of an Engineering Grants Fund Appropriation of $92,250 and Corresponding Revenue Budget, and 3) Committing to Providing a Local Match of $10,250.” Motion carried by unanimous vote Page 30 of 294 Item Pulled for Discussion by Mayor Morrison 9.6 California Library Sustainability Grant Funds Acceptance Approved Resolution No. 2023-136 Principal Librarian Danielle Ghio reported on the item. Adopt Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting the California Library’s Sustainable California Grant in the Amount of $30,000 to Fund the National City Public Library’s Tool Lending Program for FY 2024 and Authorizing the Establishment of a Library Grants Fund Appropriation of $30,000 and Corresponding Revenue Budget.” ACTION: Motion by Mayor Morrison, seconded by Councilmember Yamane to adopt the resolution and staff to return at the October 3, 2023, City Council meeting to provide program details. Motion carried by unanimous vote 9.7 Installation of a Blue Curb Disabled Persons Parking Space with Signage in front of the Residence at 135 E 6th Street. Approved Resolution No. 2023-137 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 135 E 6th Street.” Motion carried by unanimous vote 9.8 Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 507 F Avenue. Approved Resolution No. 2023-138 Adopt a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the Installation of a Blue Curb Disabled Persons Parking Space with Signage in Front of the Residence at 507 F Avenue.” Motion carried by unanimous vote 9.9 Warrant Register #1 for the Period of 6/30/23 through 7/6/23 in the Amount of $1,217,172.59 Ratify Warrants Totaling $ 1,217,172.59 Motion carried by unanimous vote Page 31 of 294 9.10 Warrant Register #2 for the Period of 7/7/23 through 7/13/23 in the Amount of $5,438,604.24 Ratify Warrants Totaling $ 5,438,604.24 Motion carried by unanimous vote 10. STAFF REPORTS 10.1 Amendment to City Council Policy No. 901, to Require a Study and Development of Homeownership on City-Owned Property Zoned for Residential Use. Approved Resolution No. 2023-139 Acting Deputy City Manager/Housing Authority Director Carlos Aguirre provided a PowerPoint Presentation. Recommendation: Adopt the Resolution Entitled, "Resolution of the City Council of the City of National City, California, Amending City Council Policy No. 901, Entitled ‘Management of Real Property,’ to Require a Study and Development of Homeownership Units With Maximized Affordability On City-Owned Property Zoned For Residential Use and Include a 75% Local Preference or Residents of National City.” ACTION: Motion by Councilmember Rodriguez, seconded by Councilmember Yamane to adopt the resolution. Motion carried by unanimous vote. Councilmember Bush left the dais at 7:06 p.m. and returned at 7:07 p.m. 11. CITY MANAGER’S REPORT No report. 12. ELECTED OFFICIALS REPORT Closing remarks were provided by members of the City Council. 13. CITY ATTORNEY REPORT CLOSED SESSION Mayor Morrison introduced Assistant City Attorney Romero who announced that there was no reportable action from the earlier Closed Session item. 4.1 CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION Government Code Section 54956.9(d) Number of potential cases: 1 Page 32 of 294 14. ADJOURNMENT Mayor Morrison adjourned to the Regular Meeting of the City Council of the City of National City, Tuesday, October 3, 2023, 6:00 in the Council Chamber, located in City Hall, 1243 National City Boulevard, National City, California. The meeting adjourned at 7:28 p.m. __________________________________ Tonya Hussain, Executive Secretary The foregoing minutes were approved at the Regular Meeting of October 3, 2023. ________________________________ Ron Morrison, Mayor Page 33 of 294 AGENDA REPORT Department: Library and Community Services Prepared by: Joyce Ryan, Library & Community Services Director Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: California Library Family Literacy Services Grant Funds Acceptance RECOMMENDATION: Adopt Resolution Entitled, “Resolution of the City Council of the City of National City, California, Accepting the California Library Literacy Services (CLLS) grant of $55,945 from the California State Library for the Library Literacy Services Program for FY24 Adult Literacy and Family Literacy programs and authorizing the establishment of Library Grants Fund appropriations of $55,945 and corresponding revenue budgets.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Approved by the Board of Library Trustees at the Regular Meeting of Wednesday, September 6, 2023. EXPLANATION: California Library Literacy Services was developed in 1984 as the first statewide library-based adult literacy service. Since then, library literacy programs have helped more than a quarter of a million learners and their families. This year, the National City Public Library will be awarded $55,945 for Adult Literacy and Family Literacy programs. Since 1984, the National City Public Library has assisted adults who seek to achieve their desired educational, professional, and academic goals. To better serve our community and allow more access to the program it is offered either in-person, online or a hybrid of both. Adults in the literacy program are offered comprehensive tutoring in reading, writing, mathematics, basic computer and technology skills, GED/HiSet and ASVAB preparation, citizenship education, as well as skills for interviewing and resume writing. In FY23, the program assisted 128 learners. The program allows learners to achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting. Our Library has also developed a strong program with curriculum in digital literacy. The California Library Literacy Services (CLLS) grant is designed to support the Library’s literacy services program for adults who seek to improve their reading, writing, math, and computer skills. The award amount the State Library provides to libraries that offer literacy services to their communities is based on a three-part funding formula: 1. A baseline amount ($20,000) for each approved library literacy program; and 2. A per capita amount per adult learner served in the previous year’s program; and 3. Additional funding raised by local funds earmarked for adult literacy services. This local funding is fulfilled by General Fund personnel costs for the operation of the literacy program. Page 34 of 294 The CLLS grant for Adult Literacy is awarded in two installment payments. The first payment of $41,350 (90% of the Adult Literacy Award) is being awarded at this time. The second payment of $4,595, representing the remaining 10% of the total award for FY 2024, will be claimed at a later date upon submission of the mid-year narrative and financial reports that demonstrate program activity and confirm that 75% of the award has been expended. The total award amount for FY 2024 for adult literacy services will be $45,945. In addition, the National City Public Library will begin a Family Literacy pilot program in 2023- 2024 which will support literacy development within the home and family unit. This grant for Family Literacy is awarded in one payment of $10,000 for FY 2024. Funds will pay for part-time staff costs and instructional materials and supplies. Family Literacy Services contribute to strong communities and families. The focus is building strong foundations in reading, writing, and other language-based programs and activities for adult literacy learners and their families. By incorporating literacy into daily routines and interactions, families can improve their overall communication and educational outcomes. The family literacy program will provide family literacy packets that include lesson plans, children’s books, craft activities, and activities for families to do together. The program will also provide workshops that focus on family learning goals as well as to connect and engage families with programming and resources. The total amount of the award for Adult and Family Literacy programs is $55,945. FINANCIAL STATEMENT: Approval of the Resolution authorizes the establishment of Library Grant Fund appropriations of $55,945 and corresponding revenue budgets. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Parks, Recreation and Library 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 - State Library Award Letter Agreement and Certificate of Compliance Exhibit B - Resolution Page 35 of 294 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov 24 August 2023 Joyce Ryan National City Public Library 1401 National City Blvd. National City, CA, CA 91950 Dear Ms. Ryan, We’re pleased to provide funds to support your California Library Literacy Services program and the important work that you, your staff, and your volunteers do in your community. The state budget continues California Library Literacy Services funding at $4.82 million for adult literacy services and $2.5 million for family literacy services. Your total award amounts for the 2023-2024 fiscal year beginning July 1, 2023, are: x Adult Literacy Services: $45,945 x Family Literacy Services: $10,000 x Total Award: $55,945 Please note: This year your Adult Literacy Services award amount differs $ 688 from your projected award amount. You will need to complete a Budget Modification Form to allocate the additional funds. Your award will be claimed in two stages. The claim form included in this award packet will allow you to request the first 90% of your Adult Literacy Services Award and 100% of your Family Literacy Services Award: x 90% of the Adult Literacy Award:$41,350 x 100% of the Family Literacy Award: $10,000 x Total Initial Award Amount: $51,350 Information about claiming the remainder of your award is included in the payment schedule at the end of your award packet. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 36 of 294 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov Your funds must be encumbered by June 30, 2024, and fully expended, in accordance with your approved budget on file with the State Library, by December 31, 2024. Encumbered funds are those that have been deposited in the grantee’s accounting system and for which a budget has been provided to and approved by the State Library. To ensure program expenditures are consistent with the California Library Literacy Services allowable expenses, please review the California Library Literacy Services Allowable and Unallowable Expenses guidelines. If you have any questions about expenses or expending your award funds, please contact Allyson Jeffredo at Allyson.Jeffredo@library.ca.gov. We strongly encourage your program staff to develop and maintain community partners to strengthen your program, attend regular regional library literacy network meetings, participate in your local Adult Education Consortium/a, and participate in library literacy training opportunities offered by the regional networks and the State Library to meet the CLLS Mission, Values, and Program Essentials. Additional California Library Literacy Services resources can be found on the California Library Literacy Services website. The payment process begins when we receive your completed and signed budget modification form (if needed), claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance (attached). All forms should be completed and signed through DocuSign to be processed for payment. Our library literacy staff are available to assist you throughout the year. Please contact your Advisor Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov,and your Grant Monitor Allyson Jeffredo, Allyson.Jeffredo@library.ca.gov, with any questions. Thank you for your willingness to do so much for those in your community. Best wishes for a successful year. Respectfully yours, Greg Lucas California State Librarian DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 37 of 294 Library – Courts Building 916-323-9759 P.O. Box 942837 csl-adm@library.ca.gov Sacramento, CA 94237-0001 www.library.ca.gov Cc: Beverly Schwartzberg, beverly.schwartzberg@library.ca.gov Allyson Jeffredo, allyson.jeffredo@library.ca.gov Fiscal Office, stategrants.fiscal@library.ca.gov Mikki Vidamo, mvidamo@nationalcityca.gov Enc: Re: CLLS23-51: Claim form, certification form, and State Funded Grants Award Agreement and Certificate of Compliance DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 38 of 294 National City Public Library THE BASICS – YOUR GRANT AWARD The following provides basic information about your grant and managing your grant. Award #: CLLS23-51 Library: National City Public Library Total Award Amount: $55,945 APPROVED ALS BUDGET Salary and Benefits $13,000 Contract Staff $ 0 Operations $17,257 Library Literacy Materials $15,000 Small Equipment $ 0 Equipment ($5,000 or more per unit) $ 0 Subtotal $45,257 Indirect $ 0 Award Difference to be Adjusted (included in grant total below) $ 688 Grant Total $45,945 APPROVED FLS BUDGET Salary and Benefits $ 0 Contract Staff $ 0 Operations $5,000 Library Literacy Materials $5,000 Small Equipment $ 0 Equipment ($5,000 or more per unit) $ 0 Subtotal $10,000 Indirect $ 0 Grant Total $10,000 Start Date: Upon execution End Date: June 30, 2024 Please understand that it can take between eight to ten weeks following the receipt of an error free claim form before grant funds are delivered. If you have not received your payment after eight weeks, please contact your grant monitor. CONTACT We want your project to be successful. Please work with the program staff listed below to implement your project: Literacy Analyst: Allyson Jeffredo Phone Number: (916) 603-6709 Email Address: allyson.jeffredo@library.ca.gov Library Programs Consultant: Beverly Schwartzberg DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 39 of 294 National City Public Library Phone Number: (916) 701-6880 Email Address: beverly.schwartzberg@library.ca.gov DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 40 of 294 National City Public Library CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code. 1401 National City Blvd., National City, CA, CA 91950 SIGNED DATE Signature - Authorized representative Typed/Printed Name and Title of Authorized Representative Email address of authorized representative DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Library & Community Services Director jryan@nationalcityca.gov Joyce Ryan Page 41 of 294 National City Public Library PROJECT INFORMATION: Invoice #: CLLS23-51 Project Title: California Library Literacy Services Grantee: National City Public Library Funding Start Date: Upon execution Term Completion: June 30, 2024 DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 42 of 294 National City Public Library Total Award: $55,945 PAYMENT SCHEDULE: Libraries receive 90% of their Adult Literacy Services award and 100% of their Family Literacy Services award upon receipt of the award letter. Libraries receive the final payment of their Adult Literacy Services award after successful completion of the CLLS Mid-Year Report form. Note: Libraries have 18 months to spend their California Library Literacy Services award funds, from July 1, 2023, in which the funds are awarded until December 31 the following year. Adult Literacy Services Family Literacy Services Total Allocation Initial Payment $41,350 $10,000 $51,350 Final Payment $4,595 $4,595 Total: $45,945 $10,000 $55,945 REPORTING: Libraries will be required to submit a mid-year financial and narrative report and a final report. Reminder emails will be sent out beginning six weeks before the required report is due. All required reporting materials will be located on the California State Library’s website. The reporting schedule is detailed below. Mid-year Financial and Narrative Report Due January 31, 2024 Final Report Due September 30, 2024 Note: A budget modification form will be required for all budget changes regardless of amount. Modification forms may be submitted throughout the year but no later than May 31st. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 43 of 294 STATE FUNDED GRANTS AWARD AGREEMENT AND CERTIFICATE OF COMPLIANCE DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 44 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 1 of 27 TABLE OF CONTENTS PROJECT SUMMARY 2 PROCEDURES AND REQUIREMENTS A. Term of the Agreement 3 B. Scope of Work 3 C. Budget Detail 3 D. Narrative and Financial Reports 4 E. Claim Form and Payment 5 EXHIBIT A: TERMS AND CONDITIONS 7 EXHIBIT B: CERTIFICATION AND COMPLIANCE FORM 22 Certification 25 EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES 27 DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 45 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 2 of 27 PROJECT SUMMARY AWARD AGREEMENT BETWEEN THE STATE LIBRARY and National City Public Library for the California Library Literacy Services project. AWARD AGREEMENT NUMBER CLLS23-51 This Award Agreement (“Agreement”) is entered into on July 1, 2023, by and between the California State Library (“State Library”) and National City Public Library, (“Grantee”). This Award Agreement pertains to Grantee’s State-funded California Library Literacy Services project. The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards. The Grantee was selected by the State Library to receive state grant funds in the amount of $55,945 through the process adopted by the State Library in administering such grants. The State Library and the Grantee, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows: DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 46 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 3 of 27 PROCEDURES and REQUIREMENTS A. Term of the Agreement The Grant term begins July 1, 2023, and ends June 30, 2024. The project’s final expenditure date is December 31, 2024. If completion of the project occurs prior to the end of the grant period, this will be the end date of the term of this agreement. Grant eligible program expenditures may begin no earlier than the start date. The project's final encumbrance period ends on June 30, 2024, and all eligible program costs must be expended by December 31, 2024. B. Scope of Work 1. Grantee agrees to perform all activities specifically identified in the Grantee’s application and submitted to the State Library in response to the California Library Literacy Services project. 2. The following activities and deliverables to be performed by the Grantee include, but are not limited to the following: • Maintain and keep records of expenditures related to the grant that are consistent with Generally Acceptable Accounting Practices (GAAP). • Make financial records available to the State Library upon request. • Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant. • Prepare and submit required narrative and financial reports. • Procure equipment, and other supplies as needed for the project. • Issue contracts for services, personnel, and consultants as needed for the project. • If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors. • Oversee the implementation of project activities. C. Budget Detail The State Library shall provide the Grantee funding for the expenses incurred in performing the Scope of Work and activities specified in the Grantee’s application. The Grantee shall request the distribution of grant funding consistent with its proposal and DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 47 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 4 of 27 the budget worksheet that was included with the application. Under no circumstances shall payments exceed the total grant amount identified in this Agreement. D. Narrative and Financial Reports 1. The Grantee shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library. 2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Grantee under the Agreement and may be incorporated into the same reporting structure as the narrative reports. 3. The reports shall be submitted by the following dates: Reporting Period Report Due Date July 1 - December 31 Mid-Year Report Due January 31, 2024 July 1 – June 30 Final Report Due September 30, 2024 4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Grantee of claims for costs incurred that might otherwise have been eligible for grant funding. 5. The Grantee agrees to maintain records and supporting documentation pertaining to the performance of this grant, subject to possible audit for a minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information. E. Claim Form and Payment 1. The California State Library shall provide the Grantee payment as outlined in the payment schedule only if all requirements for claiming the funds as outline in this document have been met, and only for those activities and costs specified in the approved award application. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 48 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 5 of 27 2. The Grantee shall complete, sign, and submit Certification of Compliance form (Exhibit B) and the Financial Claim form (included in your award packet), to the California State Library within 14 days of receiving this award packet. These forms will be issued, signed, and submitted using the online signature and agreement platform, DocuSign, unless DocuSign is unallowable or inconsistent with practices and policies of the local jurisdiction. If the use of DocuSign is not acceptable to your organization, please contact your grant monitor regarding alternate options. 3. Any of the sums appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Grantee under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period. 4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Grantee, the Grantee shall immediately refund the excess payment amount to the California State Library. 5. The Award payments will only be made to the Grantee. It is the Grantee’s responsibility to pay all contractors and subcontractors for purchased goods and services. 6. The Final Payment of 10% (if applicable) will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and grant monitor approval of the interim and final narrative and financial reports, have been satisfied. 7. Prompt Payment Clause The California State Library will make payments to the Grantee in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Grantee may typically expect payment within 45 days from the date a grant payment request is properly submitted and approved by the Grant Monitor. 8. Budget Contingency Clause a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Grantee or to furnish any other considerations under this Agreement and the Grantee shall not be obligated to perform any provisions of this Agreement. b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 49 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 6 of 27 either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Grantee to reflect the reduced amount. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 50 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 7 of 27 EXHIBIT A: TERMS and CONDITIONS 1. Accessibility: The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities. Grantee shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria. However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library. When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name. The California State Library reserves the right to post project materials to its website that are in compliance with these standards. 2. Acknowledgment: The State of California and the California State Library shall be acknowledged in all promotional materials and publications related to the California Library Literacy Services project. a. Grant award recipients must ensure that the State of California receives full credit as the source of funds and that the California State Library, likewise, is acknowledged as the administrator. b. Publications and information releases about the project must credit the State of California. An appropriate statement for a publication or project press release is: “This [publication/project] was supported in whole or in part by funding provided by the State of California, administered by the California State Library.” Grantees must include the above statement in any publications, vehicle wraps, and promotional materials, including websites. If space is limited the State Library logo and the following shortened acknowledgement statement is acceptable: “Funding provided by the State of California.” DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 51 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 8 of 27 c. This credit line on products of a project, such as materials, is important to foster support from the public, and state funding sources. d. California State Library Logo: Use of the California State Library logo, which can be downloaded on the California State Library website, is required on any publication, vehicle wrap, or promotional material along with the above statement(s). e. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form or contact your grant monitor for the State Library’s form. 3. Agency: In the performance of this Agreement the Grantee and its agents and employees shall act in an independent capacity and not as officers, employees, or agents of the California State Library. The Grantee is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Grantee shall not represent itself as an agent of the California State Library for any purpose and has no authority to bind the State Library in any manner whatsoever. 4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required. No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified, or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph. 5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California. 6. Assignment, Successors, and Assigns: The Grantee may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Grantee, and their respective successors and assigns. 7. Audit and Records Access: The Grantee agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 52 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 9 of 27 completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Grantee agrees to include a similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement. Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks. 8. Authorized Representative: Grantee and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf. 9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective grant manager or representative of the California State Library or Grantee. For this purpose, the following contact information is provided below: National City Public Library Joyce Ryan 1401 National City Blvd. National City, CA, CA 91950 jryan@nationalcityca.gov (619) 470-5882 California State Library Allyson Jeffredo 900 N Street Sacramento, CA 95814 Allyson.jeffredo@library.ca.gov (916) 603-6709 1. Confidentiality: Grantee will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential or is protected by privilege. Grantee agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act. 2. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Grantee of his or her responsibilities and obligations hereunder. The Grantee agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 53 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 10 of 27 of persons directly employed by the Grantee. The Grantee’s obligation to pay its contractors and subcontractors is an independent obligation from the State’s obligation to make payments to the Grantee. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor. 3. Copyright: Grantee owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Grantee is responsible for obtaining any necessary licenses, permissions, releases, or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post, or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing. 4. Discharge of Grant Obligations: The Grantee's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Grantee is a non-profit entity, the Grantee’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library. 5. Dispute Resolution: In the event of a dispute, Grantee will discuss the problem informally with the Grant Monitor. If unresolved, the Grantee shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Grantee for purposes of resolving the dispute. Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Grantee may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Grantee shall continue with its responsibilities under this Agreement during any dispute. 6. Drug-free Workplace: The Grantee certifies under penalty of perjury under the laws of California, that the Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about all of the following: DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 54 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 11 of 27 1) The dangers of drug abuse in the workplace. 2) The Grantee’s policy of maintaining a drug-free workplace. 3) Any available counseling, rehabilitation, and employee assistance programs. 4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the Agreement will: 1) Receive a copy of the Grantee’s drug-free workplace policy statement. 2) Agrees to abide by the terms of the Grantee’s statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and grantee may be ineligible for award of any future state agreements if the California State Library determines that the grantee has made a false certification or violated the certification by failing to carry out the requirements as noted above. 7. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties. 8. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties. 9. Exclusive Agreement: This is the entire Agreement between the California State Library and Grantee. 10. Executive Order N-6-22-Russia Sanctions: The Grantee shall comply with Executive Order N-6-22 (the EO) regarding Economic Sanctions against Russia and Russian entities and individuals. “Economic Sanctions” refers to sanctions imposed by the U.S. government in response to Russia’s actions in Ukraine, as well as any sanctions imposed under state law. The EO directs state agencies to terminate grant agreements with, and to refrain from entering any new grant agreements with, individuals or entities that are determined to be a target of Economic Sanctions. Accordingly, should the State determine Grantee is a target of Economic Sanctions or is conducting prohibited transactions with sanctioned individuals or entities, that shall be grounds for termination of this agreement. The State shall provide Grantee advance written notice of such termination, allowing Grantee at least 30 calendar days to provide a written response. Termination shall be at the sole discretion of the State. 11. Extension: The State Librarian or designee may extend the final deadline for good cause. The Grantee’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 55 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 12 of 27 12. Failure to Perform: The grant being utilized by the Grantee is to benefit the California Library Literacy Services project. If the Grant Monitor determines the Grantee has not complied with this Agreement, the Grantee may forfeit the right to reimbursement of any grant funds not already paid by the California State Library, including, but not limited to, the ten percent (10%) withhold. 13. Federal and State Taxes: The State Library shall not: a. Withhold Federal Insurance Contributions Act (FICA) payments from Grantee’s payments or make FICA payments on the Grantee’s behalf; or b. Make Federal or State unemployment insurance contributions on Grantee’s behalf; or c. Withhold Federal or State income taxes from Grantee’s payments. Grantee shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA. 14. Force Majeure: Neither the California State Library nor the Grantee, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Grantee, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party. 15. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at his or her sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Grantee to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended. 16. Fringe Benefit Ineligibility: Grantee agrees that neither the Grantee nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library. 17. Generally Accepted Accounting Principles: The Grantee is required to use Generally Accepted Accounting Principles in documenting all grant expenditures. 18. Grant Monitor: The Grant Monitor’s responsibilities include monitoring grant progress and reviewing and approving Grant Payment Requests and other documents delivered to the California State Library pursuant to this Agreement. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 56 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 13 of 27 The Grant Monitor may monitor Grantee performance to ensure Grantee expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements unless such authority is expressly stated in the Procedures and Requirements. 19. Grantee: the government or legal entity to which a grant is awarded and which is accountable to the California State Library for the use of the funds provided. a. The grantee will make reports to the State Librarian in such form and containing such information as may be required to ensure the proper used of funds consistent with the grantee’s application and award agreement. The grantee will keep such records and afford such access as the California State Library may find necessary to assure the correctness and verification of such reports. 20. Grantee Accountability: The Grantee is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Grantee has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Grantee is responsible for repayment of the funds to the California State Library. 21. Grantee Funds: It is mutually agreed that the Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete the project. 22. Independent Action: Grantee reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Grantee’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Grantee shall furnish all equipment and materials used to meet its obligations and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award and is not required to provide training in connection with this Agreement. 23. Indemnification: Grantee agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Grantee in the performance of this Agreement. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 57 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 14 of 27 24. License to Use: The California State Library reserves a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute, or otherwise use, and to authorize third parties to use, any material received or maintained by Grantee in connection with this Agreement. This includes intellectual property, with or without third- party rights. All such usages will be for public library and State governmental purposes: a. The copyright in any work developed under this grant, sub-grant, or contract under this grant or sub-grant; and b. Any rights of copyright to which a Grantee, sub-grantee, or a contractor purchases ownership with grant support. 25. Limitation of Expenditure: Expenditure for all projects must conform to the grantee’s approved budget and with applicable State laws and regulations. The total amount paid by the California State Library to the Grantee under this agreement shall not exceed $55,945 and shall be expended/encumbered in the designated award period. During the award period, the grantee may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian or their designee. Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts. 26. Lobbying: Grantee confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986. 27. Non-Discrimination Clause: During this grant period, the Grantee and the Grantee’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Grantee shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment. Additionally, Grantee, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 58 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 15 of 27 §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article. Grantee shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require ascertaining compliance with this clause. Grantee, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Grantee shall include the non- discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement. 28. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows: a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission. d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement. e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement. 29. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Certificate of Compliance, Project Summary, Activities Timeline, and Budget, of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Grantee’s California State Library-approved Application (Grantee’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications, or DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 59 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 16 of 27 provisions that constitute this Agreement, the following order of precedence shall apply: a. Grant Agreement Coversheet and any Amendments thereto b. Terms and Conditions c. Procedures and Requirements d. Certificate of Compliance e. Project Summary f. Grantee’s Application (including Budget and Activities Timeline) g. All other attachments hereto, including any that are incorporated by reference. 30. Payment: a. The approved Budget, if applicable, is attached hereto and incorporated herein by this reference and states the maximum amount of allowable costs for each of the tasks identified in the Project Summary and Activity Timeline included in the project application. California State Library shall provide funding to the Grantee for only the work and tasks specified in the Grantee’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Grantee shall carry out the work described in the Work Plan or in the Grantee’s Application in accordance with the approved Budget and shall obtain the Grant Monitor’s written approval of any changes or modifications to the Work Plan, approved project as described in the Grantee’s Application, or the approved Budget prior to performing the changed work or incurring the changed cost. If the Grantee fails to obtain such prior written approval, the State Librarian or designee, at his or her sole discretion, may refuse to provide funds to pay for such work or costs. c. The Grantee shall request funds in accordance with the funding schedule included in this agreement. d. Ten percent (10%) will be withheld from the Payment Request (if applicable) and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the grantee to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld. e. Lodgings, Meals and Incidentals: Grantee’s eligible costs are limited to the amounts authorized in the California State Administrative Manual (see Exhibit C or contact the Grant Monitor for more information). f. Payment will be made only to the Grantee. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 60 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 17 of 27 g. Reimbursable expenses shall not be incurred unless and until the grantee receives a Notice to Proceed as described in the Procedures and Requirements. 31. Personal Jurisdiction: The Grantee consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal grantees expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. 32. Personnel Costs: Any personnel expenditures to be paid for with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled. 33. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Grantee, or any other person or entity in connection with the Project. It is mutually agreed that Grantee is responsible for furnishing funds beyond the grant award that may be necessary to complete outcomes or deliverables. 34. Privacy Protection: Both parties agree to protect the confidentiality of any non- public, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq. 35. Prohibited Use: The expenditure under this program shall not be used to supplant Grantee efforts in other grant programs provided by the California State Library. 36. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Grantee agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Grantee agrees to alert the State Library as to a basis for exemption, if any exists. 37. Publicity Obligations: Grantee will notify the State Library of any promotional materials or publications resulting from the grant no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 61 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 18 of 27 format or medium. Copies of all promotional materials will be provided to the State Library. Grantee will acknowledge the State Library’s support as noted above. Grantee agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Grantee, and may distribute such information to third parties. 38. Records: Communications, grant related documents, data, original receipts, and invoices must be maintained by Grantee and shall be made available to the State Library upon request. Grantee agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Grantee’s operation to ensure compliance with this Agreement, with reasonable advance notice. 39. Reduction of Waste: In the performance of this Agreement, Grantee shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to: the use of used, reusable, or recyclable products; discretion in the amount of materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate. 40. Reimbursement Limitations: Under no circumstances shall the Grantee seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Grantee shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program. 41. Reports and Claims: It is the responsibility of the grantee make the required reports and claims to the California State Library. a. The grantee shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. b. The grantee shall be responsible for submitting to the State Library Financial Reports reflecting grantee expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section. c. To obtain payment hereunder the grantee shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 62 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 19 of 27 d. The final 10% of the grant award (if applicable) is payable only upon approval of all final reports and receipt of claim form. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award. e. Payment will be provided to cover the expenditures incurred by the grantee for the project in the following manner: o $51,350 upon execution of the agreement and submission of claim by the grantee organization. o If applicable, second payment will be made after the submission and approval of the first reports and receipt of claim form in the amount of $4,595. 42. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’s- length transactions and not the result of, or motivated by, self-dealing on the part of the Grantee or any employee or agent of the Grantee. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all grant monies are to be expended. 43. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect. 44. Site Visits: The Grantee shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project. 45. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Grantee at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Grantee shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination. The State Librarian DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 63 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 20 of 27 shall determine and pay the Grantee for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Grantee. Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Grantee, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination. 46. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement. 47. Unused Funds: At the end-of-term Grantee agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written request for an extension of the grant period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistent with the terms of this Agreement. Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion. 48. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Grantee, shall constitute a waiver of any of California State Library’s rights or of any of grantee’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library. 49. Work Products: Grantee shall provide California State Library with copies of all final products identified in the Work Plan and Application. Grantee shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 64 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 21 of 27 50. Worker’s Compensation: The State of California will not provide Workers’ Compensation insurance for Grantee or Grantee’s employees or contract personnel. If Grantee hires employees to perform services required by this Agreement, Grantee shall provide Workers’ Compensation insurance for them. The Grantee is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Grantee agrees to comply with such provisions before commencing the performance of the work of this Agreement. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 65 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 22 of 27 EXHIBIT B: CERTIFICATION of COMPLIANCE FORM 1. AUTHORIZED REPRESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Grantee for this Grant Agreement and project and is authorized to receive and expend funds in order to administer this grant program. 2. I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Grantee, I commit to the conditions of this award, and I have the legal authority to do so. 3. I certify that any or all other participants or contractors in the grant program have agreed to the terms of the application/grant award and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian. 4. The authorized representative, on behalf of the Grantee, certifies that the Grantee will comply with all applicable requirements of State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form. 5. The authorized representative, on behalf of the Grantee, hereby certifies to the California State Library, for an award of funds in the amount $55,945. This award will provide library services as set forth in the Project Application as approved and/or as amended by the California State Librarian. 6. STATEMENT OF COMPLIANCE: Grantee has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102). 7. DRUG-FREE WORKPLACE REQUIREMENTS: Grantee will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug- free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug-Free Awareness Program to inform employees about: DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 66 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 23 of 27 1) the dangers of drug abuse in the workplace; 2) the person's or organization's policy of maintaining a drug-free workplace; 3) any available counseling, rehabilitation and employee assistance programs; and, 4) penalties that may be imposed upon employees for drug abuse violations. c. Every employee who works on the proposed Agreement will: 1) receive a copy of the company's drug-free workplace policy statement; and, 2) agree to abide by the terms of the company's statement as a condition of employment on the Agreement. Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Grantee may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.) 8. CONFLICT OF INTEREST: Grantee needs to be aware of the following provisions regarding current or former state employees. If Grantee has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification. Current State Employees (Pub. Contract Code § 10410): a. No officer or employee shall engage in any employment, activity, or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment. b. No officer or employee shall contract on his or her own behalf as an independent contractor with any state agency to provide goods or services. Former State Employees (Pub. Contract Code § 10411): a. For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency. b. For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to his or her leaving state service. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 67 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 24 of 27 If Grantee violates any provisions of above paragraphs, such action by Grantee shall render this Agreement void. (Pub. Contract Code § 10420). Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub. Contract Code § 10430 (e)). 9. LABOR CODE/WORKERS' COMPENSATION: Grantee needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700). 10. AMERICANS WITH DISABILITIES ACT: Grantee assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.) 11. RESOLUTION: For awards totaling $350,000 or more, a county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement. 12. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Grantees that are not another state agency or other governmental entity. 13. DRUG FREE WORKPLACE: a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drug- free workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707). b. This includes but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drug- free workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace. 14. ACCESSIBILITY: The organization receiving this award, as listed in the certification section below, and all program staff, will ensure all project materials will meet California accessibility standards. 15. NON-DISCRIMINATION: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with all California non-discrimination laws. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 68 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 25 of 27 16. ACKNOWLEDGEMENT: The organization receiving this award, as listed in the certification section below, and all program staff, agree to comply with California State Library acknowledgement requirements. Certification ORGANIZATION Name: Address (official and complete): PROJECT COORDINATOR Name: Email: Phone: GRANTEE AUTHORIZED REPRESENTATIVE Name: Title: Email: Phone: Signature: Date: DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Library & Community Services DirectorJoyce Ryan jryan@nationalcityca.gov Page 69 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 26 of 27 Authorized Representative Signature ORGANIZATION Name: Address (official and complete): AUTHORIZED REPRESENTATIVE Signature: Date: Printed Name of Person Signing: Title: STATE OF CALIFORNIA Agency Name: California State Library Address: 900 N Street, Sacramento, CA 95814 Signature: Date: Printed Name of Person Signing: Title: California State Librarian DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Greg Lucas 9/7/2023 Library & Community Services DirectorJoyce Ryan Page 70 of 294 National City Public Library California Library Literacy Services 2023-2024 CLLS23-51 Page 27 of 27 EXHIBIT C: STATE REIMBURSABLE TRAVEL EXPENSES Rates are subject to change per State of California, Department of Human Resources Please Check State of California, Department of Human Resources Website for updated expenses: http://www.calhr.ca.gov/employees/pages/travel-reimbursements.aspx Mileage: Rate subject to change $0.585 per mile – approved business/travel expense Meals: Receipts are required $7.00 – Breakfast $11.00 – Lunch $23.00 – Dinner $5.00 - Incidentals Meals Note: Lunch can only be claimed if travel is more than 24 hours. Incidental charge may be claimed once for every 24-hour period and should cover incidental expenses, such as but not limited to, tip, baggage handling, etc. Hotel: Receipts are required and MUST have a zero balance. $ 90.00 plus tax for all counties/cities not listed below $ 95.00 plus tax for Napa, Riverside, and Sacramento Counties $ 110.00 plus tax for Marin County $ 120.00 plus tax for Los Angeles, Orange, and Ventura Counties, and Edwards AFB. Excluding the city of Santa Monica $ 125.00 plus tax for Monterey and San Diego Counties $ 140.00 plus tax for Alameda, San Mateo and Santa Clara Counties $ 150.00 plus tax for the City of Santa Monica $ 250.00 plus tax for San Francisco County Out of State: Prior authorization must be obtained, as well as three print-out hotel quotes. Actual receipt must be included with authorization and additional quotes. Hotel Note: If the above approved reimbursable hotel rates cannot be secured, please contact your grant monitor to obtain an excess lodging form. This form must be approved prior to actual travel. AIRLINE TICKETS: Itinerary and receipts are required Actual reasonable fees pertaining to airline travel will be reimbursed. Business, First Class, or Early Bird Check-in fee is not an approved reimbursable expense. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 71 of 294 24 August 2023 RE: Contractor and Grantee Compliance with Economic Sanctions Imposed in Response to Russia’s Actions in Ukraine Dear Grantee, You are receiving this notification because you currently have an active grant through the California State Library. On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (EO) regarding sanctions in response to Russian aggression in Ukraine. The EO is located at https://www.gov.ca.gov/wp-content/uploads/2022/03/3.4.22-Russia-Ukraine- Executive-Order.pdf. The EO directs all agencies and departments that are subject to the Governor’s authority to take certain immediate steps, including notifying all contractors and grantees of their obligations to comply with existing economic sanctions imposed by the U.S. government in response to Russia's actions in Ukraine, as well as any sanctions imposed under state law. This correspondence serves as a notice under the EO that as a contractor or grantee, compliance with the economic sanctions imposed in response to Russia’s actions in Ukraine is required, including with respect to, but not limited to, the federal executive orders identified in the EO and the sanctions identified on the U.S. Department of the Treasury website (https://home.treasury.gov/policy- issues/financial-sanctions/sanctions-programs-and-country-information/ukraine- russia-related-sanctions). Failure to comply may result in the termination of contracts or grants, as applicable. Please note that for any agreements or grants valued at $5 million or more, a separate notification will be sent outlining additional requirements specified under the EO. Annly Roman California State Library 900 N Street Sacramento, CA 95814 DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 72 of 294 CALIFORNIA LIBRARY LITERACY AND ENGLISH ACQUISITION SERVICES FINANCIAL CLAIM 1st PAYMENT CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. By (Signature of the Authorized Representative) (Print Name) (Title) *Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at stategrants.fiscal@library.ca.gov. State of California, State Library Fiscal Office ENY: 2023 ITEM NO: 6120-213-0001, Chapter 12, Statutes of 2023 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 COA: 5432000 PROGRAM #: 5312 FAIN: N/A By Date (State Library Representative) Grant Award #: CLLS23-51 Date: Invoice #: CLLS23-51-01 PO #: 6749 Payee Name: National City Public Library (Legal name of authorized agency to receive, disburse and account for funds*) Complete Address: Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $51,350 Type of Payment: (Payable Upon Execution of Agreement) ☒ PROGRESS Grantee Name: National City Public Library ☐ FINAL (Name on Award Letter and Agreement) ☐ IN FULL Project Title: California Library Literacy Services ☐ AUGMENT For Period From: upon execution to end of grant period DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Joyce Ryan Library & Community Services Director Page 73 of 294 STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) Section 1 – Payee Information NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2) CITY, STATE, ZIP CODE E-MAIL ADDRESS Section 2 – Entity Type Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) CORPORATION (see instructions on page 2)☐ SOLE PROPRIETOR / INDIVIDUAL ☐ MEDICAL (e.g., dentistry, chiropractic, etc.)☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ PARTNERSHIP ☐ ESTATE OR TRUST ☐ LEGAL (e.g., attorney services) ☐ EXEMPT (e.g., nonprofit) ☐ ALL OTHERS Section 3 – Tax Identification Number Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN. The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. • • • • • • For Individuals, enter SSN. If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN. Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN. For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN). For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN. For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN. Social Security Number (SSN) or Individual Tax Identification Number (ITIN) ___ ___ ___ -___ ___ -___ ___ ___ ___ OR Federal Employer Identification Number (FEIN) ___ ___ -___ ___ ___ ___ ___ ___ ___ Section 4 – Payee Residency Status (See instructions) ☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California ☐Copy of Franchise Tax Board waiver of state withholding is attached. Section 5 – Certification I hereby certify under penalty of perjury that the information provided on this document is true and correct. Should my residency status change, I will promptly notify the state agency below. NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code) Section 6 – Paying State Agency Please return completed form to: STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION MAILING ADDRESS FAX TELEPHONE (include area code) CITY STATE ZIP CODE E-MAIL ADDRESS Print Form Reset FormDocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 74 of 294 STATE OF CALIFORNIA – DEPARTMENT OF FINANCE PAYEE DATA RECORD (Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021) GENERAL INSTRUCTIONS Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6. Prompt return of this fully completed form will prevent delays when processing payments. Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099). NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts. A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business. Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC). Section 1 – Payee Information Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable). • Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name. Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name. Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address. Section 2 – Entity Type If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other Section 3 – Tax Identification Number The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations. Section 4 – Payee Residency Status Are you a California resident or nonresident? • A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California. • A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident. For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below: Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: wscs.gen@ftb.ca.gov For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual. Section 6 – Paying State Agency This section must be completed by the state agency/department requesting the STD 204. Privacy Statement Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business. All questions should be referred to the requesting state agency listed on the bottom front of this form. DocuSign Envelope ID: B1376422-7127-496A-907D-77E805B46CD0 Page 75 of 294 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ACCEPTING THE CALIFORNIA LIBRARY LITERACY SERVICES (CLLS) GRANT OF $55,945 FROM THE CALIFORNIA STATE LIBRARY FOR THE LIBRARY LITERACY SERVICES PROGRAM FOR FY24 ADULT LITERACY AND FAMILY LITERACY PROGRAMS AND AUTHORIZING THE ESTABLISHMENT OF LIBRARY GRANTS FUND APPROPRIATIONS OF $55,945 AND CORRESPONDING REVENUE BUDGETS. WHEREAS, the California Library Literacy Services (“CLLS”) Grant is designed to support the Library’s Literacy Services Program to English-speaking adults who seek to improve their reading, writing, and math skills; and WHEREAS, since 1984, the National City Public Library has assisted adults who seek to improve their reading skills and achieve personal goals such as learning the alphabet, reading a book for the first time, getting a job, sharing a book with a child, reading a medicine label, volunteering in the community, and voting; and WHEREAS, the National City Public Library will begin a Family Literacy pilot program in FY24 which will support literacy development within the home and family unit which will focus on building strong foundations in reading, writing, and other language-based programs and activities for literacy learners and their families; and WHEREAS, the CLLS Grant is provided to the Library to fund the two programs with $45,945 for Adult Literacy programs and $10,000 for Family Literacy programs. 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 acceptance of grant funds from California Library Literacy Services in the amount of $55,945 to fund the National City Public Library’s Literacy Services Programs for FY24 and authorizes the establishment of Library Grant Fund appropriations in the amount of $55,945 and corresponding revenue budgets. 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 3rd day of October, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 76 of 294 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Planning Manager Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Notice of Decision - Conditional Use Permit for Modified Alcohol Sales Hours at an Existing Retail Store (The 99 Cents Only Store) Located at 1320 Highland Avenue. RECOMMENDATION: Staff Recommends Approval of the Request for the Extended Alcohol Sales Hours Subject to the Attached Recommended Conditions. The Sale of Alcohol is a Conditionally Allowed Use in MXD-2 and Would Contribute to the Diversity of Commercial Offerings in the Area. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Planning Commission recommended approval of the Conditional Use Permit by 6-1 vote. Ayes: Armenta, Castle, Miller, Sendt, Sanchez, Quinonez Nays: N/A Absent: Valenzuela EXPLANATION: The 99 Cents Only Store has an existing Conditional Use Permit, approved in 2022, to sell beer and wine (ABC Type 20) in an existing 25,238 square-foot grocery and retail store. The existing alcohol sales hours are from 7:00 am to 10:00 pm Tuesdays and Thursdays and 8:00 am to 10:00 pm all other days of the week. Proposed alcohol sales are from 7:00 am to 10:00 pm daily. The Planning Commission conducted a public hearing on September 18, 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: An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c). 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 – September 18, 2023 Planning Commission PowerPoint Slides Page 77 of 294 Item no. 5 September 18, 2023 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING – DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT MODIFICATION FOR MODIFIED ALCOHOL SALES HOURS AT AN EXISTING RETAIL STORE (THE 99 CENTS ONLY STORE) LOCATED AT 1320 HIGHLAND AVENUE. Case File No.: 2023-06 CUP Location: Near northwest corner of East 14th St. and Highland Ave. Assessor’s Parcel Nos.: 560-050-11 Staff report by: Adan Pacheco – Planning Technician Approved by: Ben Martinez – Interim City Manager Applicant: 99 Cents Only Store #101 Zoning designation: Major Mixed-Use District (MXD-2) Adjacent use and zoning: North: Walmart / MXD-2 East: Wireless retail, barber shop, travel agency, nail salon, and Cox retail / MXD-2 South: Apartments and Roberto’s Taco Shop / Major Mixed-Use Corridor (MXC-2) and Very High Density Multi-Unit Residential (RM-3) West: Proposed senior housing and medical clinic in existing parking lot / MXD-2 Page 78 of 294 Environmental review: The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. Staff recommendation: Approve Page 79 of 294 Planning Commission Meeting of September 18, 2023 Page 1 Staff Recommendation Staff recommends approval of the request for the extended alcohol sales hours subject to the attached recommended conditions. The sale of alcohol is a conditionally-allowed use in MXD-2 and would contribute to the diversity of commercial offerings in the area. Executive Summary The 99 Cents Only Store has an existing Conditional Use Permit (CUP), approved in 2022 to sell beer and wine (ABC Type 20) in an existing 25,238 square-foot grocery and retail store. The store’s existing alcohol sales are from 7:00 am to 10:00 pm Tuesdays and Thursdays and 8:00 am to 10:00 pm all other days of the week. Proposed alcohol sales is from 7:00 am to 10:00 pm daily. Site Characteristics The project location is an existing commercial building that occupies a portion of a larger shopping center that sits on more than four acres at the northwest corner of Highland Avenue and East 14th Street. The building is 25,238 square-feet in size and faces north towards a parking lot and the adjacent Walmart property. The area is mixed-use with commercial uses on the north, east, and west sides. There are also existing apartment buildings to the south. A portion of the site, currently occupied by parking spaces, is proposed to be developed as affordable senior housing. Proposed Use The applicant proposes to extend alcohol sales from 7:00 am to 10:00 pm daily. While maintaining the same alcohol display area of 20 linear feet. The applicant is not requesting to change their ABC license that is still a Type 20 (off-sale beer and wine). Additionally, the applicant does not propose to have single sales of beer nor malt products in containers larger than 25 ounces, nor wine bottles smaller than 750 ml in size. The existing store employs approximately 43 associates with 10 to 15 working during a typical shift. Analysis Section 18.30.050 of the Land Use Code allows for off-site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUPs include expanded notification, a community meeting (not required for CUP modifications), and distance requirements, which were analyzed in the original CUP. There are also specific conditions required as part of City Council Policy 707, which regulates alcohol licenses. Page 80 of 294 Planning Commission Meeting of September 18, 2023 Page 2 Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 836 occupants and owners. Distance Requirements - Chapter 18.030.050(D) requires that businesses that sell alcohol meet certain distance requirements. Grocery stores, convenience stores or other retail establishments involving the sale of alcohol for off-site consumption as an accessory use have no minimum distances. The existing store is primarily a grocery and retail store with more than 75% of sales derived from food and household consumables. Hours of operation for Alcohol Sales Per the California Department of Alcoholic Beverage Control (ABC), there are currently 11 off-sale licenses in this census tract (117) where a maximum of four is recommended, meaning that the census tract is considered by ABC to be over- saturated with regard to alcohol sales outlets. For reference, the existing outlets are: Name Address License Type* End Time Seafood City 1420 E. Plaza Blvd. Suite C 21 9 p.m. Big Ben Market 108 E. 8th St. 21 9 p.m. Walmart 1200 Highland Ave. 20 10 p.m. Smart & Final 1220 E. Plaza Blvd. Suite 510 21 10 p.m. CVS Pharmacy 1201 E. Plaza Blvd. 21 10 p.m.* 7 Eleven 1539 Highland Ave. 20 24hr Wilson’s Liquor 916 E. 8th St. 21 9 p.m. Bottles & More Liquor 1535 E. 18th St. 21 11 p.m. Tahona Mercado 802 ‘B’ Avenue 21 - Real Star Market 925 E. Plaza Blvd. Suite 103 20 9 p.m. * Type 20 - Off-Sale of Beer and Wine * Type 21 - Off-Sale of Beer, Wine, and Distilled Spirits * CVS Pharmacy – Monday-Saturday 8:00 am to 10 pm, Sunday 8:00 am to 9:00 pm Census tract 117 includes the area between National City Boulevard and “N” Avenue, and between East 8th Street and East 18th Street. The attached census tract map shows the location of the subject tract (Attachment 6). Page 81 of 294 Planning Commission Meeting of September 18, 2023 Page 3 Many of the issues related to off-sale licenses sales are related to the availability of smaller quantities and cheaper products, most of which are related to businesses not subject to CUPs due to legal nonconforming status. However, businesses with CUPs are limited to the quantity and size of beer bottles (e.g., no sale of single cans or bottles) and the size of wine bottles and their alcoholic content (e.g., containers less than 750 milliliters nor greater than 15% content by volume). Modifications to the limitations on these products may only be approved by City Council. Conditions of approval for alcohol sales reflect what the applicant has requested (7:00 a.m. to 10:00 p.m. daily). According to the applicant, the timeframe is intended to allow the business to have the same alcohol sales and operating hours. Police Department (PD) PD provided a Risk Assessment report, which assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, The 99 Cents Only Store received a score of 13, which would indicate a medium risk. Medium risk is considered 13 to 18 points. The last assessment report obtained a score of 15, which has been reduced due to fewer calls for service in the last six months and a decrease in the crime rate score from high to medium. The risk assessment is included as Attachment 6. Institute for Public Strategies (IPS) Comments were received from IPS with the recommendation to limit the hours that alcohol can be served in response to concerns about additional access in the early morning hours. Public Comment No public comment was received as part of the public hearing notice as of the writing of this staff report. Findings for Approval The following are the required findings in the attached draft resolution: 1. Allowable Use: The use is allowable within MXD-2 pursuant to a CUP and the proposed use meets the required guidelines in the Land Use Code for Page 82 of 294 Planning Commission Meeting of September 18, 2023 Page 4 alcohol sales, as discussed in the staff report. In addition, a CUP for off- site alcohol sales has been previously approved in 2022. 2. General Plan Consistency: Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, a grocery and retail store with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial building, which was previously analyzed for traffic impacts when the building was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed uses would be incidental to the primary use of the retail store. 4. No Nuisance: The proposed alcohol sales outlet would be consistent with other commercial businesses in the area accessory to the existing grocery and retail store. Additionally, the modified hours for alcohol sales will be subject to conditions that limit the manner beer and wine is sold. 5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and the use would basically be the same as the approved CUP and is similar to other commercial uses in the area, which are permitted by right in the MXD-2 zone. 6. Public Convenience and Necessity: The sale of beer and wine will contribute to the diversity of local commercial offerings in the area, an allowed use in the MXD-2 zone. Findings for Denial There are three findings for denial as follows: Page 83 of 294 Planning Commission Meeting of September 18, 2023 Page 5 1. The proposed use is not deemed essential and desirable to the public convenience and welfare, because there are two other Type 20-license outlets within a half-mile of the site: Outlet Name Address ABC license type Walmart 1200 Highland Ave. 20 7 Eleven 1539 Highland Ave. 20 2. Granting the permit would 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 census tract in which the subject property is located is currently over-concentrated with regard to off-sale alcohol outlets – 11 off-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control – and the area has a medium crime rate, which may be exacerbated by the modified hours of alcohol sales. 3. Based on findings 1 and 2 above, public convenience and necessity will not be served by an additional off-sale beer and wine alcohol license pursuant to law. Conditions of Approval Conditions of Approval include those specific to off-site alcohol sales per Council Policy 707 (alcohol container volume, size, and number; RBSS training, hours, accessory sales, etc.). All previous conditions, unless modified by a subsequent approval would continue to be in effect. Summary The proposed use is consistent with the General Plan due to alcohol sales for off- site consumption being a conditionally-allowed use in MXD-2 zone. Beer and wine sales at a grocery and retail store would contribute to the diversity of the commercial offerings on Highland Avenue. However, the area is considered to be a medium crime area and there are already two other outlets in close proximity that offer beer and wine. The modified hours for alcohol sales will be an accessory to the retail establishment, and the previous conditions will remain in place. Conditions requiring compliance with City Council Policy 707 are intended to alleviate concerns related to area impacts should the CUP modification be approved. The decision of Page 84 of 294 Planning Commission Meeting of September 18, 2023 Page 6 the Planning Commission will be relayed to the City Council for filing or potentially another public hearing if necessary. Options 1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2023-06 CUP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or, 2. Find the project not exempt from CEQA and/or deny 2023-06 CUP based on the attached findings, or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Resolutions 2. Overhead 3. Applicant's Plans (Exhibit A, Case File No. 2023-06 CUP, dated 5/31/2023) 4. Public Hearing Notice (Sent to 836 property owners & occupants) 5. Census Tract & Police Beat Maps 6. Police Department Comments 7. IPS Comments Page 85 of 294 ATTACHMENT 1 RESOLUTION NO. 2023-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND APPROVING A CONDITIONAL USE PERMIT MODIFICATION FOR MODIFIED ALCOHOL SALES HOURS AT AN EXISTING RETAIL STORE (THE 99 CENTS ONLY STORE) LOCATED AT 1320 HIGHLAND AVENUE CASE FILE NO. 2023-06 CUP APN: 560-050-11 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit Modification to extend alcohol sales at an existing retail store (The 99 Cents Only Store) located at 1320 Highland Avenue. At a duly advertised public hearing held on September 18, 2023, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2023-06 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 18, 2023, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. Because alcohol sales is allowable within MXD-2 zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the proposed retail store in a commercial area. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the Land Use Code permits alcohol sales, subject to a CUP, which is consistent with the General Plan. In addition, a grocery and retail Page 86 of 294 store with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an approved alcohol CUP within an existing commercial building, which was previously analyzed for traffic impacts when the building was constructed. 4. 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 proposed outlet would be consistent with other commercial businesses in the area accessory to the existing grocery and retail business. Additionally, the modified hours for alcohol sales will be subject to conditions that limit the sale of beer and wine. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. Additionally, the modified hours of alcohol sales will be subject to conditions that limit the manner in which alcohol is sold. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and the use would basically be the same as the approved CUP and is similar to other commercial uses in the area, which are permitted by right in the MXD-2 zone. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because the sale of beer and wine will contribute to the diversity of local commercial offerings in the area, an allowed use in the MXD-2 zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the modified alcohol sales hours for off-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community. Page 87 of 294 BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the extension of alcohol sales hours for off- site consumption at an existing retail store (The 99 Cents Only Store) located at 1320 Highland Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2023-06 CUP, dated 5/31/2023. 2. All conditions of Resolution No. 2022-17 shall remain in effect unless specifically modified by this resolution. 3. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Planning 7. The sale of alcoholic beverages shall only be permitted between the hours of 7:00 am to 10:00 pm daily. Page 88 of 294 Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 89 of 294 RESOLUTION NO. 2023-21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA DENYING A CONDITIONAL USE PERMIT MODIFICATION FOR MODIFIED ALCOHOL SALES HOURS AT AN EXISTING RETAIL STORE (THE 99 CENTS ONLY STORE) LOCATED AT 1320 HIGHLAND AVENUE CASE FILE NO. 2023-06 CUP APN: 556-332-22 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit Modification to extend alcohol sales at an existing retail store (The 99 Cents Only Store) located at 1320 Highland Avenue. At a duly advertised public hearing held on September 18, 2023, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2023-06 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 18, 2023, support the following findings: 1. The proposed use is not deemed essential and desirable to the public convenience and welfare, because there are two other Type 20-license outlets within a half-mile of the site: Outlet Name Address ABC license type Walmart 1200 Highland Ave. 20 7 Eleven 1539 Highland Ave. 20 2. Granting the permit would 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 census tract in which the subject property is located is currently over-concentrated with regard to off-sale alcohol outlets – 11 Page 90 of 294 off-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control – and the area has a medium crime rate, which may be exacerbated by the modified hours of alcohol sales. 3. Based on findings 1 and 2 above, the extended hours for off-sale beer and wine under their existing permitted alcohol CUP will not serve public convenience or necessity, pursuant to law. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. Page 91 of 294 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 92 of 294 2023-06 CUP – 1320 Highland Ave. – Overhead N ATTACHMENT 2 Page 93 of 294 BATTERIES NON SALES 8,253 SF. SODA 32" DECK32" DECK BALLS 32" DECK 32" DECK 32" DECK 32" DECK32" DECK 1 2 3 4 5 6 7 FLOWERS SAFE PALLET PALLET 22 " D E C K S B O T H S I D E S 25 " D E C K S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 22 " D E C K S B O T H S I D E S 25 " D E C K S SALES FLOOR: 16,468 SF. 25 16 16 16 14 14 14 14 17 23 23 23 22 23 89 25" DECKS 25" DECKS25" DECKS 25 " D E C K S 116 25" DECKS 3 13'-10" KIDS PLAY KIDS PLAY W M 99¢ ONLY STORES XX/XX/XX 07-2755 GOING TALLER ICEICE CREAMICE CREAM ICE CREAMPALLET 32" DECK 32" DECK 32" DECK 32" DECK32" DECK PA L L E T PA L L E T PA L L E T PA L L E T PA L L E T PA L L E T PA L L E T PA L L E T Ad d 3 ( 4 F t ) g o n d o l a s = 1 2 L F Ad d 6 ( 4 F t ) g o n d o l a s = 2 4 L F 32" DECK Ad d 6 ( 4 F t ) g o n d o l a s = 2 4 L F 8’ - 9 ” GO TALLER AS OF 04/01/2014 TORTILLAS 32" DECK 32" DECK32" DECK 32" DECK 32" DECKCHIPS Exhibit A, Case File No. 2023-06 CUP, 5/31/23 BEER/WINE DISPLAY 40 SF 20' 2' BEER/WINE DISPLAY AREA: 40 SF SALES FLOOR AREA: 16,468 SF % OF SALES FLOOR AREA: LESS THAN 1% MAIN ENTRANCE/EXIT Page 94 of 294 ATTACHMENT 4 NOTICE OF PUBLIC HEARING DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT MODIFICATION FOR MODIFIED HOURS OF OPERATION AT AN EXISTING RETAIL STORE (THE 99 CENTS ONLY STORE) LOCATED AT 1320 HIGHLAND AVENUE CASE FILE NO. 2023-06 CUP APN: 560-050-11 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 18, 2023, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Public Square Coffee House Inc.) The 99 Cents Only Store has an existing Conditional Use Permit (CUP), approved in 2022 to sell beer and wine (ABC Type 20) in an existing 25,238 square-foot grocery and retail store. The store’s existing alcohol sales are from 7:00 am to 10:00 pm Tuesdays and Thursdays and 8:00 am to 10:00 pm all other days of the week. Proposed alcohol sales is from 7:00 am to 10:00 pm daily. The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities). Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., September 18, 2023 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. Page 95 of 294 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©OpenStreetMap contributors, and the GIS User Community CensusTracts 2010 August 25, 2014 0 0.75 1.50.375 mi 0 1 20.5 km 1:45,467 ATTACHMENT 5 Page 96 of 294 City of National City Beat 20 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 97 of 294 Notes: NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: BUSINESS NAME: ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 1 of 2 07/25/23 99 Cents Only Store #101 1320 Highland Avenue, National City, CA 91950 99 Cents Only Store #101 c/o Rawlings Consulting N/A 26023 Jefferson Avenue, Suite D, Murrieta, CA 92562 - Currently, there are (4) off sale licenses authorized in tract 117 - Currently, there are (10) on sale licenses authorized in tract 117 - Currently, there are (19) active on sale licenses in tract 117 - Currently, there are (11) off sale licenses active in tract 117 ✔ ✔ ✔ ✔ ✔ Page 98 of 294 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME:DOB: OWNER ADDRESS: Recommendation: Completed by: Badge ID: Revised: 8/16 2 of 2 Low Risk ( 12pts or less) Medium Risk (13 –18pts) High Risk (19 –24pts) Total Points 13 PETERSON FAMILY TRUST B 07͈01͈80 c/o San Diego Property Management N/A I am unable to perform a records check on the owner/operator due to the application listing a family trust and a consulting firm only as the applicant and the owner. J. Camacho, Sergeant 449 ✔ ✔ ✔ Page 99 of 294 From:Sarah Boyer To:Adan Pacheco Subject:Re: PN23-00014 Approved Alcohol CUP 1320 Highland Avenue - Request for Comments Date:Friday, July 28, 2023 8:57:55 AM Attachments:image001.png CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good morning, Regulating the hours during which alcohol can legally be sold is a strategy to prevent excessive alcohol consumption and related harms. We recommend that this be considered in the decision to allow additional access in the early morning hours. Please let us know if you need additional information or comment. Best, On Sarah Boyer Program Manager - South Region Institute for Public Strategies P: (619) 476-9100 x126 sboyer@PublicStrategies.org www.PublicStrategies.org Click here for THE LATEST from IPS. On Tue, Jul 25, 2023 at 10:01 AM Adan Pacheco <apacheco@nationalcityca.gov> wrote: Good morning, This is a notice of a modification to an approved alcohol Conditional Use Permit (CUP) for the 99 Cents Only Store at 1320 Highland Avenue. Your agency's comments were originally received under case file number 2022-16 CUP. Off-sale of alcoholic beverages is currently restricted to the hours of 7:00 a.m. to 10:00 p.m. on Tuesdays and Thursdays and 8:00 a.m. to 10:00 p.m. on all other days of the week. The applicant intends to change the operating hours for alcohol sales from 7:00 a.m. to 10:00 ATTACHMENT 7Page 100 of 294 p.m. daily. The applicant proposes no additional changes to their CUP. If you have any questions feel free to contact me. Thank you, Adan A Pacheco Planning Technician City of National City 1243 National City Boulevard National City, CA 91950 Office: (619) 336-4381 City Hall Hours: M-Th 7a-6p Page 101 of 294 Public Hearing CONDITIONAL USE PERMIT FOR MODIFIED ALCOHOL SALES HOURS AT THE 99 CENTS ONLY STORE) LOCATED AT 1320 HIGHLAND AVENUE 2023-06 CUP Page 102 of 294 Overhead Page 103 of 294 Site Characteristics Existing 25,238 sq. ft. Commercial building in MXD-2 zone. Part of a larger shopping center that occupies more than four acres at the northwest corner of Highland Avenue and E. 14th Street. Other businesses include a wireless retail store, barber shop, travel agency, nail salon. Surrounding area is mostly commercial with apartment buildings to the south across E. 14 th Street. Affordable senior housing and a health clinic are proposed for the parking lot to the East. An approved CUP (2022-16 CUP) for off-sale alcohol with alcohol sales from 7:00 am to 10:00 pm Tuesdays and Thursdays and 8:00 am to 10:00 pm all other days of the week. Page 104 of 294 Proposal Applicant proposes to extend alcohol sales hours from 7:00 am to 10:00 pm daily. No changes to existing display area of 20 linear feet being proposed. No changes to their ABC license that is still a Type 20 (off-sale beer and wine). All conditions of Resolution No. 2022-17 shall remain in effect unless specifically modified by this resolution. The 99 Cents Only Store primarily sells grocery items. Page 105 of 294 Floor Plan Page 106 of 294 Analysis NCMC 18.30.050 allows for off-site alcohol sales with approved CUP Additional requirements for alcohol cups: Mailing –owners/occupants within 660 ft. (836) Community meeting –Not required for CUP modifications Census Tract 117 –11 off-sale licenses in this tract where four is recommended Distance requirements –> grocery stores, convenience stores or other retail establishments selling alcohol for off-site consumption as an accessory use have no minimum distances. 75% of sales at 99 cents only derives from food and household consumables. City council policy 707 Standard conditions Page 107 of 294 Comments: Police Department (PD) Risk Assessment –13 points Medium risk –13 to 18 points Assigns points based on type of business, license concentration, calls for service, etc. Previous assessment report obtained a score of 15 points reduced due to fewer calls for service and decrease in crime rate score from high to medium. Institute for Public Strategies (IPS) Comments received recommending to limit hours that alcohol can be served in response to concerns on additional access in the early morning hours. Public comment No public comment received as part noticing. Page 108 of 294 Conditions / Summary All previous conditions under Resolution No. 2022-17 will remain in effect. Conditions of Approval include those specific to off-site alcohol sales per Council Policy 707 (alcohol container volume, size, and number; RBSS training, hours, accessory sales, etc.). Proposed use consistent with General Plan Alcohol sales conditionally-allowed use in MXD-2 Would contribute to diversity of commercial offerings on Highland Ave High crime area, two other outlets in close proximity (beer and wine) Small display area Page 109 of 294 Options •Find project exempt from CEQA & approve 2023-06 CUP based on findings listed in the draft resolution / findings determined by the commission; or •Find project not exempt from CEQA and/or deny 2023-06 cup based on findings determined by the commission; or •Continue the item for additional information •Staff recommending approval •Notice of Decision to City Council Page 110 of 294 Floor Plan Page 111 of 294 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Planning Manager Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Notice of Decision - Conditional Use Permit for an Outdoor Commercial Recreation Facility (Padel Club) to be Located at 21 West 7th Street. RECOMMENDATION: Staff Recommends Approval of the Operation of an Outdoor Commercial Recreation Facility, Subject to the Recommended Conditions in the Attached Resolution and a Determination that the Project is Exempt from CEQA. The Operation of an Outdoor Commercial Recreation Facility is a Conditionally- Allowed Use in Development Zone 1B of the Downtown Specific Plan (DSP). BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Planning Commission recommended approval of the Conditional Use Permit by 6-1 vote. Ayes: Armenta, Castle, Miller, Sendt, Sanchez, Quinonez Nays: N/A Absent: Valenzuela EXPLANATION: The applicant intends to construct an athletic facility with courts dedicated to padel tennis and pickleball. The outdoor courts will be accompanied by a 1,968 square-foot clubhouse that serves members of the private club and occasional events open to the public. The hours of operation as proposed by the applicant are from 7:00 a.m. to 10:00 p.m. daily. The Planning Commission conducted a public hearing on September 18, 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: An application fee of $3,700 was paid with the submittal of the subject CUP. Fees are anticipated to cover the cost of staff review time and processing of the permit. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15332(c). 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 – 9/18/23 Planning Commission PowerPoint slides Page 112 of 294 Item no. 6 September 18, 2023 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING – DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND CONDITIONAL USE PERMIT FOR AN OUTDOOR COMMERCIAL RECREATION FACILITY TO BE LOCATED AT 21 W. 7TH STREET. Case File No.: 2023-10 CUP Location: 21 W. 7th Street Assessor’s Parcel Nos.: 555-052-15 Staff report by: David Welch, Associate Planner Approved by: Ben Martinez, Acting Community Development Director Applicant: Christopher Bernhardt Zoning designation: Downtown Specific Plan Development Zone 1B (DSP-DZ 1B) Adjacent use and zoning: North: Rodeway Inn motel / DSP-DZ 1B East: Commercial retail buildings / DSP-DZ 1B South: Ramada hotel across W. 7th St. / DSP-DZ 1B West: Interstate 5 / Caltrans right-of-way Environmental review: The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and staff is Page 113 of 294 recommending that the project be determined categorically exempt from environmental review pursuant to Class 32, Section 15332 (In-fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit Staff recommendation: Approve Page 114 of 294 Planning Commission Meeting of September 18, 2023 Page 1 Staff Recommendation Staff recommends approval of the operation of an outdoor commercial recreation facility, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The operation of an outdoor commercial recreation facility is a conditionally-allowed use in Development Zone 1B of the Downtown Specific Plan (DSP). Executive Summary The applicant intends to construct an athletic facility with courts dedicated to padel tennis and pickleball. The outdoor courts will be accompanied by a 1,968 square- foot clubhouse that serves members of the private club and occasional events open to the public. The hours of operation as proposed by the applicant are from 7:00 a.m. to 10:00 p.m. daily. Site Characteristics The facility is proposed for a vacant 24,106 square-foot lot located on the northeast corner of W. 7th Street and Roosevelt Avenue. The site is proposed to be occupied with eight outdoor courts, a small utility building, and a 1,968 square-foot clubhouse. The property is relatively flat and no major grading would be necessary to construct the proposed project. There are no parking space proposed for the site, but there is adjacent on-street parking available that can accommodate approximately 12 vehicles. Development Zone 1B (DZ-1B) allows for both residential and commercial uses and the surrounding area is a mix of lodging, restaurants, a gas station, retail, a charter school, and small offices. In addition, the west side of the site faces Interstate 5 across Roosevelt Avenue. The nearest residential units are over 300 feet from the site. However, a building permit has been filed for the construction of one unit on the property to the east. Proposed Use The proposed constructed facility will be private club for the enjoyment of padel tennis and pickleball. Padel tennis, or padel, is a racket-based sport that originated in Mexico and is currently played by about 25 million people globally. The courts are slightly smaller than traditional tennis and they are enclosed for play off the walls. Pickleball uses even smaller courts and is played with a plastic ball. The sport has gained popularity in the US in recent years. The new facility is intended to be for members only, but they do plan on hosting occasional events to help promote racquet sports to the public. The clubhouse is a one-story Page 115 of 294 Planning Commission Meeting of September 18, 2023 Page 2 building that will include a reception area, small retail space, juice bar, and locker rooms with showers and a sauna. The rooftop will be accessible and used for exercise such as yoga and spectating. The proposed hours of operation are from 7:00 a.m. to 10:00 p.m. daily. Analysis The proposed use of outdoor commercial recreation is subject to the requirements of DZ-1B, which has more general land use requirements than the Land Use Code (LUC). Staff determined that the use is consistent with other uses requiring the approval of a CUP within the LUC. Since the project proposes the construction of a new facility, it is also subject to an administrative level one DSP consistency review (ministerial or staff review). Staff is recommending conditions of approval related to hours of operation, exterior lighting, and compliance with noise regulations to prevent potential nuisances associated with the proposed outdoor use. No parking is required for the proposed use pursuant to Section 65863.2 of the California Government Code. This section was adopted with the passage of Assembly Bill 2097, which prohibits a public agency from enforcing minimum parking requirements for new development within one half mile of a major transit stop. Downtown Specific Plan Consistency Review The proposed project is subject to the land use regulations and design guidelines for DZ-1B. The use is allowable as a commercial business, though it is not specified in the Land Use Regulations within the DSP. Staff has been supportive of new commercial businesses that contribute to the vitality of the downtown area. Shops, restaurants, and personal services are vital components of an active district and a recreational facility will serve to further contribute to the mix of uses. Other commercial recreation facilities have been approved within the DSP, but this business is the first to request an outdoor facility. A CUP allows for conditions to be in place regarding noise or other nuisances to ensure compatibility with other uses permitted in the zone such as residential units. A level one project for consistency review meets all applicable General Plan, Specific Plan, and Municipal Code requirements. The proposed use is unanticipated in the development standards for DZ-1B in that it requires minimum square footage of building to support the principal use of racquet ball sports on outdoor courts. For example, the zone requires a minimum Floor Area Ratio (F.A.R.) of 3.0, which is an incompatible regulation with a primarily outdoor use. Staff’s opinion is that this regulation should not apply to this particular use and, Page 116 of 294 Planning Commission Meeting of September 18, 2023 Page 3 reasonably, the outdoor facility could be redeveloped into a denser development in the future. Furthermore, the guidelines state that uses in the zone may be mixed on a parcel-by-parcel basis, which means that the lack of residential or retail square footage on this parcel can be developed elsewhere in the zone. As an example, a proposed development in the adjacent zone, DSP-1A, has an F.A.R. of 11 achieved through a density bonus and 400 residential units. The proposed athletic facility would be an amenity for this or other similar developments with the DSP. The guidelines also state that the zone is part of the “gateway” to downtown with a focus on strengthening the pedestrian character of National City Boulevard. While this development is not on National City Boulevard, effort should be made to create a quality pedestrian frontage. Section 18.24.070 of the Land Use Code, regarding building frontages, applies in this instance and the proposed clubhouse does not meet the minimum transparency requirements for a “lobby” frontage typology. Due to the nature of the facility, additional windows would be inappropriate. Staff is recommending a condition of approval for faux windows or other similar architectural treatments along the clubhouse street frontage for compliance with this section of the code. In addition, the renderings provided by the applicant show an opaque fence or wall along the remainder of the property frontages. While this wall may help reduce noise from the outdoor use, it also offers little visual interest from public streets and sidewalks. Staff is recommending a condition of approval that only permits a maximum height of four feet for opaque fencing along the street frontages. Mailing All property owners and occupants within a distance of 300 feet are required to be notified of a public hearing for CUP applications. Notice of this public hearing was sent to 63 occupants and owners. Comments Comments were received from the Engineering and Fire Departments and are included as conditions of approval in the draft resolution. These included standard comments related to compliance with applicable storm water regulations, grading plans, and fire safety requirements as well as required off- site improvements. In addition, the Planning Division has included a standard condition of approval related to compliance with applicable development codes. Page 117 of 294 Planning Commission Meeting of September 18, 2023 Page 4 Findings for Approval The following are the required findings in the attached draft resolution: 1. Allowable Use: Outdoor commercial recreation with a clubhouse facility is an allowable use within Development Zone 1B of the Downtown Specific Plan, pursuant to a CUP, and the proposed use meets the required guidelines in the Downtown Specific Plan and Land Use Code, as discussed in the staff report. 2. General Plan Consistency: Outdoor commercial recreation and clubhouse facilities are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, the recreation facility is consistent with Development Zone 1B of the Downtown Specific Plan land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. Compatibility, LUC, and Traffic: The property is currently vacant and will be developed consistent with applicable provisions in the Downtown Specific Plan and Land Use Code for the proposed use. The project is below the permitted densities within the Downtown Specific Plan, which has already been analyzed for potential traffic impacts, and the site is in an urban area with access to all necessary public utilities and services. 4. No Nuisance: The proposed use will be subject to conditions that limit the hours of operation to avoid disturbances to adjacent residential and commercial uses. In addition, conditions of approval related to exterior lighting and noise requirements are included to ensure the proposed use is operated in harmony with the surrounding uses. 5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 32, Section 15332 (In-fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed for a site entirely surrounded by urban uses that is less than five acres and can be found consistent with the General Plan and the regulations applicable to Development Zone 1B of the Downtown Specific Plan. The project has no habitat for endangered, Page 118 of 294 Planning Commission Meeting of September 18, 2023 Page 5 rare or threatened species. There is no potential for significant impacts related to traffic, noise, air quality, or water quality and the site is adequately served by required utilities and public services. Conditions of Approval The recommended conditions of approval in the attached draft resolution include conditions related to the compatibility of the development with applicable building frontage standards, requirements for new developments, and restrictions on the hours of operation, exterior lighting, and noise for compatibility with surrounding uses. Summary The proposed use is consistent with the General Plan due to outdoor commercial recreation being a conditionally-allowed use in Development Zone 1B of the Downtown Specific Plan. The proposed development can be found compatible with the development regulations of the zone and the Land Use Code with the recommended conditions related to building frontages. Conditions of approval related to hours of operation, noise, and lighting can ensure the use operates in harmony with adjacent uses. Options 1. Find the project exempt from CEQA under Class 32 of the CEQA Guidelines Section 15332 or other exemption and approve 2023-10 CUP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or, 2. Find the project not exempt from CEQA and/or deny 2023-10 CUP based on the attached findings, or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Draft Resolution 2. Overhead 3. Applicant's Plans (Exhibit A, Case File No. 2023-10 CUP, dated 6/22/2023) 4. Public Hearing Notice (Sent to 63 property owners & occupants) 5. CEQA Notice of Exemption Page 119 of 294 ATTACHMENT 1 RESOLUTION NO. 2023-22 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND APPROVING A CONDITIONAL USE PERMIT FOR AN OUTDOOR COMMERCIAL RECREATION FACILITY TO BE LOCATED AT 21 W. 7TH STREET CASE FILE NO. 2023-10 CUP APN: 555-052-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for outdoor commercial recreation at a new athletic facility to be located at 21 W. 7th Street at a duly advertised public hearing held on September 18, 2023, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2023-10 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 18, 2023, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because outdoor commercial recreation with a clubhouse facility is an allowable use within Development Zone 1B of the Downtown Specific Plan, pursuant to a CUP, and the proposed use meets the required guidelines in the Downtown Specific Plan and Land Use Code. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because Outdoor commercial recreation and clubhouse facilities are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, the recreation facility is consistent with Development Zone 1B of the Downtown Specific Plan land use designation contained in the Land Use Code and Community Character element of the General Plan. Page 120 of 294 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because the property is currently vacant and will be developed consistent with applicable provisions in the Downtown Specific Plan and Land Use Code for the proposed use. The project is below the permitted densities within the Downtown Specific Plan, which has already been analyzed for potential traffic impacts. 4. 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 project is below the permitted densities within the Downtown Specific Plan, which has already been analyzed for potential traffic impacts, and the site is in an urban area with access to all necessary public utilities and services. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the hours of operation to avoid disturbances to adjacent residential and commercial uses. In addition, conditions of approval related to exterior lighting and noise requirements are included to ensure the proposed use is operated in harmony with the surrounding uses. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 32, Section 15332 (In-Fill Development Projects) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed for a site entirely surrounded by urban uses that is less than five acres and can be found consistent with the General Plan and the regulations applicable to Development Zone 1B of the Downtown Specific Plan. The project has no habitat for endangered, rare or threatened species. There is no potential for significant impacts related to traffic, noise, air quality, or water quality and the site is adequately served by required utilities and public services. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the operation of an outdoor commercial recreation facility with padel tennis and pickleball courts to be located at 21 W. 7th Page 121 of 294 Street. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2023-10 CUP, dated 6/22/2023. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant or owner 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 or owner 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 Director of Community Development prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in 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 or applicable law. Engineering 7. Site Plan Requirements i. Form and Content a. Boundaries i. Fully dimensioned ii. Bearing shown b. Existing Page 122 of 294 i. Highways, streets, roads – names, grades, widths, if private designated as such ii. Sidewalks, pavement, curbs, and gutters, street lights, driveways c. Utilities i. Sewer – location, size, type, depth manholes ii. Water – location, size, type iii. Gas – location, size iv. Electrical, telephone, cable, TV lines – location, size, type, poles, overhead or underground v. Water courses – widths, directions of flow, slope percent vi. Buildings/Structures – location with respect to lot lines vii. Trees – groves, orchards and trees of trunk diameter 4” (10cm) or more shown viii. Contours – maximum 5’ (2m) interval ix. Easements – location, purpose, size, public or private 8. A Hydrology study (100 year flood) is required for the new project. The study should consider the proposed project area to the closest municipal storm drain collection point. The study should consider the adequacy of the existing storm drain system to convey any additional run off. All Hydrology study findings and recommendations are part of Engineering Department requirements. 9. The Storm Water BMP Requirements Applicability Form I-1 and if required I-2 checklist for the National Pollutant Discharge Elimination System (NPDES) is required to be completed and submitted to the Engineering Department. The checklist will be required when a project site is submitted for review of the City Departments. The checklist is available at the Engineering Division web site at the link below *. If it is determined that the project is subject to the “Priority Project Permanent Storm Water BMP Requirements” and the City of National City Storm Water Best Management Practices of the Jurisdictional Urban Runoff Management Program (JURMP) approved Standard Urban Storm Water Mitigation Plan (SUSMP) documentation will be required prior to issuance of an applicable engineering permit. The SUSMP shall be prepared by a Registered Civil Engineer. *http://www.nationalcityca.gov/city-government/engineering-public-works/engineering- division/online-services-forms-fees. Page 123 of 294 10. The Best Management Practices (BMPs) for the maintenance of the proposed construction shall be undertaken in accordance with the National Pollutant Discharge Elimination System (NPDES) regulations which may require a Storm Water Pollution Prevention Plan (SWPPP) for the project. An approved SWPPP will be required prior to issuing of a construction permit. 11. All surface run-off shall be treated with an approved Standard Urban Runoff Mitigation Plan (SUSMP) Best Management Practice (BMP) for all Priority SUSMP projects. No runoff will be permitted to flow over the sidewalk. Adjacent properties shall be protected from surface run-off resulting from this development. 12. All existing and proposed curb inlet on property shall be provided with a “No Dumping” signage in accordance with the NPDES program. 13. A hydromodification plan or a letter sealed and signed by the Engineer of Work explaining why the project is exempt from hydromodification requirements shall be submitted. 14. A grading and drainage plan shall be submitted showing all of the proposed and existing on-site and off-site improvements. The plan shall be prepared in accordance with the City’s standard requirements by a Registered Civil Engineer. All necessary measures for prevention of storm water pollution and hazardous material run-off to the public storm drain system from the proposed parking lot or development shall be implemented with the design of the grading. This shall include the provision of such devices as storm drain interceptors, clarifiers, or filters. Best Management Practices for the maintenance of the parking lot, including sampling, monitoring, and cleaning of private catch basins and storm drains, shall be undertaken in accordance with the National Pollution Discharge Elimination System (NPDES) regulations. A private storm water treatment maintenance agreement shall be signed and recorded. A check list for preparation of the grading plan/drainage plan is available at the Engineering Department. 15. A sewer permit will be required. The method of sewage collection and disposal shall be shown on the grading/drainage plan. Any new sewer lateral in the City right-of-way shall be 6 inch in size with a clean out. A sewer stamp “S” shall be provided on the curb to mark the location of the lateral. 16. Separate street and sewer plans prepared by Registered Civil Engineer, shall be submitted showing all of the existing and proposed improvements. The plans shall be in accordance with City requirements. 17. A soils engineering report shall be submitted for the Engineering Department’s review, after Planning Commission approval. The report shall address the stability of all of the existing and proposed slopes on the property. It shall also address the adequacy of the building pads, the criteria for any new retaining wall design, the maximum allowable Page 124 of 294 soil bearing pressure and the required pavement structural sections for the proposed streets, the parking areas, and the driveways. As a minimum, the parking lot pavement sections shall be 2 inch A.C. over 4 inch Class II aggregate base. The street pavement sections shall be in accordance with National City modified Standard Drawing G-34. All soils report findings and recommendations shall be part of the Engineering Department requirements. 18. A title report shall be submitted to the Engineering Department, after the Planning Commission approval, for review of all existing easements and the ownership at the property. 19. A cost estimate for all of the proposed grading, drainage, street improvements, landscaping and retaining wall work shall be submitted with the plans. A performance bond equal to the approved cost estimate shall be posted. Three percent (3%) of the estimated cost or ten thousand dollars (whichever is greater) shall also be deposited with the City as an initial cost for plan checking and inspection services at the time the plans are submitted. The deposit is subject to adjustment according to actual worked hours and consultant services. 20. The property owner, or its successors and assigns shall be responsible for the maintenance, repair, or reconstruction of all irrigation and landscaping improvements installed within the public right-of-way. Sprinkler heads shall be adjusted so as to prevent overspray upon the public sidewalk or the street. The proposed sprinkler heads shall be installed behind the sidewalk, and the irrigation mainline upon private property only, as required by the City. The property owner or, its successors or assigns, shall remove and relocate all irrigation items from the public right-of-way at no cost to the City, and within a reasonable time frame upon a written notification by the City Engineer. 21. Metallic identification tape shall be placed between the bottom layer of the finished surface and the top of all irrigation lines in the public right-of-way. 22. The deteriorated portions of the existing street improvements along the property frontages shall be removed and replaced including; a.Remove and replace the existing to be abandoned driveway aprons, b.All existing sidewalk along W. 7th Street c.All existing curb and gutter along W. 7TH Street d.Parkway landscaping 23. Street utility trench repairs shall conform to the National City standard for trench caps. 24. The existing street improvements along the property frontage(s) shall be kept free from weed growth by the use of special weed killers, or other approved methods. Page 125 of 294 25. All existing survey monuments, including any benchmark, within the boundaries of the project shall be shown on the plans. If disturbed, a licensed land surveyor or civil engineer shall restore them after completion of the work. A Corner Record shall be filed with the County of San Diego Recorder. A copy of the documents filed shall be given to the City of National City Engineering Department as soon as filed. 26. A permit shall be obtained from the Engineering Department for all improvement work within the public right-of-way, and any grading construction on private property. 27. Street improvements shall be in accordance with the City Standards. All missing street improvements shall be constructed. Abandoned driveway aprons shall be replaced with curb, gutter, and sidewalks. 28. All electrical, telephone and similar distribution service wires for the new structure(s) shall be placed underground. Fire 29. Project shall be designed to code. 30. The National City Fire Department utilizes all current codes and ordinances. Currently, we are using the 2022 editions of The National Fire Protection Association and California Fire Codes. 31. Fire sprinkler and fire alarms shall be evaluated and installed for intended use per code. 32. Fire apparatus access roads shall comply with the requirements of this section (Section 5 CFC 2022) and shall extend to within 150 feet of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building. Dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with an approved area for turning around fire apparatus. 33. The required width of emergency fire apparatus access roads shall not be obstructed in any manner, including parking of vehicles. All access roads shall be no less than 20 feet wide, no less than 14 feet high and shall have an all weathered road with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. A 28 foot turning radius is required for fire department access through site. All fire department access roads shall be painted and signed to prevent parking in these required designated emergency areas. 34. If entrance/exit gates are used, they shall be equipped with a Knox Box so as to provide emergency vehicle access and egress. A Knox Key Switch shall be used and shall be placed at front of property if automatic gates are used. Please contact the National City Fire Department for exact field location. Page 126 of 294 35. Fire hydrants to be located throughout the project as not to have a separation distance greater than 300 feet. Fire hydrants to be located within 300 feet of all locations which are roadway accessible. (Measurement starts from nearest existing fire hydrant to project) 36. The following items pertain to fire hydrants: a) Size and location, including size and number of outlets and whether outlets are to be equipped with independent gate valves. b) Fire hydrant to be of three outlet design 37. Provide calculation confirming flow availability to meet fire flow demands and supply large diameter hose (4 inch). 38. Fire hydrants to be marked by use of blue reflective marker in the roadway. 39. Upon submittal for an underground permit, the following shall be included: a)Data sheet for Back-Flows b)Data sheets for Private and Commercial Hydrants c)Data sheets for Post Indicator Valves Information on required fire hydrants back-flow devices, etc; can be acquired from Sweetwater Authority. All pipe and their appliances, shall meet industry/code standards for underground use. 40. Where there is conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. Where, in a specific case, different sections of this code specify different materials, methods of construction or other requirements, the most restrictive shall govern. 41. Should any plan corrections be required, contractor must correct the plan and re- submit to the Fire Department for approval once again prior to installation. Planning 42. The outdoor commercial recreation facility is permitted to operate from 7:00 a.m. to 10:00 p.m. daily. Additional hours of operation shall not be granted without modification of this permit. 43. All plans submitted for the development of this project shall comply with the applicable requirements of the Downtown Specific Plan and Land Use Code. Exterior elevations of the proposed clubhouse building shall be in conformance with the transparency requirements of Section 18.24.070 – Building frontage standards of the Land Use Code. Page 127 of 294 44. Opaque walls and/or fences installed along street frontages are not permitted to exceed four feet in height. Additional height is permitted for semi-transparent walls and/or fencing 45. All solid exterior walls or fences, including buildings, facing street frontages shall have graffiti-resistant coating applied to a height of six feet. 46. Exterior lighting shall be installed in conformance with the requirements of Chapter 18.46 of the Land Use Code. All exterior lighting, except that for the purpose of safety, accessibility, or architectural enhancements, shall be on a timed system calibrated to automatically shut off outside the permitted hours of operation. 47. Business operations shall comply with Municipal Code Title 12 (Noise) at all times. No outdoor loudspeakers are permitted for this use. 48. A landscape and underground irrigation plan shall be submitted as part of the construction permitting process. Installation of landscaping items required by the Downtown Specific Plan and the Land Use Code, including five-gallon shrubs and street trees, shall be maintained for the life of the project. 49. Permits shall be obtained for any new signage associated with the proposed business, which shall meet the requirements of the Land Use Code Chapter 18.47 50. A business license shall be obtained prior to the operation of the recreational facility. 51. Building plans associated with the proposed entertainment center shall comply with the current editions of the California Building, Electrical, Plumbing, Mechanical and Fire Codes. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. Page 128 of 294 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 129 of 294 ATTACHMENT 2 2023-10 CUP – Padel Club – Overhead Page 130 of 294 UP 7th Street Ro o s e v e l t A v e n u e Proposed Padel Center FFE: xx.xx 6" Proposed Utility Building FFE: xx.xx PL 150.0' PL 11 5 . 0 ' PL 45.0' PL 35 . 1 ' PL 195.0' PL 15 0 . 1 ' Overall length: 66'-6"6" Ov e r a l l w i d t h : 3 6 ' - 4 " PL 6" 9'-4" 6' - 8 " Court 2Court 3 Court 5Court 4 Court 1 Court 6 Court 7 Court 8 Entry Equipment Access Utility Room Utility Room General Plot Plan Notes: 1.See GN1, Section 4.106, for California Green Building Code site development standards. 2.New buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. These numbers shall contrast in color to the background. Numbers shall be min. 4" high with min. stroke width of 1/2" per California Fire Code (CFC) 505.1. 3.See civil drawings for all stormwater best management practices (BMP). 4.Property will be connected to the electrical grid, will be served by a liquefied petroleum gas (LPG) system, and will be served by an on-site waste treatment (OSWT) system. 5.Any portion of a fence or other structure within 5'-0" of a building shall be constructed per one of the following, per County Building Code 92.1.712A.1: A.Noncombustible material B.Approved exterior fire-retardant treated wood C.Material meeting same fire-resistive standards as exterior walls of the building Project Information: Project Description: The scope of work includes the preparation and sitework on the existing empty property at 21 W. 7th Street and the construction of new athletic courts and a fitness and entertainment center on the parcel. Assessor's Parcel Number:555-052-15-00 Construction Type:Type II-B, steel frame Occupancy Classification:A-3 Automatic Fire Sprinklers:Yes, per CBC R313.2 Stories:One Height:25'-0" Parking: Required Spaces:0 total Provided Spaces:0 total National City Zoning: 1B Lot Area: 0.55 acres or 24,106 sq. ft. Occupancy Calculation: Ground Level:O.L.F.:Area:Occupants: A-2 (Kitchen, Comm.):200 gross 197 sq. ft. 1 Occ. A-3 (w/o Fixed Seating): 15 net 722 sq. ft. 49 Occs. A-3 (Men's Locker): 50 gross 200 sq. ft. 4 Occs. A-3 (Women's Locker): 50 gross 117 sq. ft. 3 Occs. A-3 (Storage/Utilility): 300 gross 38 sq. ft. 1 Occ. M (Mercantile): 60 gross 165 sq. ft. 3 Occs. Subtotal: 61 Occs. Rooftop: A-3 (w/o Fixed Seating): 15 net 262 sq. ft. 18 Occs. A-3 (Exercise Area): 50 gross 1,528 sq. ft. 31 Occs. Subtotal: 49 Occs. Total Occupant Load: 110 Occs. Plumbing Fixture Calculation: *See plumbing drawings.* Floor Area Ratio (FAR) Calculation: Main Building First Floor: 1,968 sq. ft. Main Building Rooftop: 1,968 sq. ft. Utility Building First Floor: 62 sq. ft. Subtotal 3,998 sq. ft. Total Floor Area: Floor Area Ratio (FAR): 16.6 % Notes: 1.All existing, proposed, and future utilities to the site will be underground. 7 t h S t r e e t SITE 8 t h S t r e e t 5 t h S t r e e t 6 t h S t r e e t N a t i o n a l C i t y B l v d L a n t a n a D r A A v e R o o s e v e l t A v e n u e 5 Vicinity Map Stormwater BMP Notes: 1.Landscaped areas shall be designed in accordance with Water Efficient Landscape Ordinance requirements. 2.Roof drainage shall be directed to landscaped areas or rain barrels. 3.Walkways shall be designed to drain to adjacent landscaped or natural areas or constructed using permeable materials. 4.Streets, sidewalks, and parking lot aisles shall be constructed to the minimum width necessary, provided public safety is not compromised. 5.Existing trees and natural areas, including but not limited to natural water bodies and natural storage reservoirs or drainage corridors (e.g., topographic depressions, natural swales, and areas of naturally permeable soils), shall be conserved or otherwise protected to the extent feasible. 6.The impervious footprint, including roofed areas and paved areas, of the project shall be iminimized to the extend applicable and feasible. 7.Dumpsters, other trassh receptacles, and waste cooking oil containers shall be sotred inside buildings or in four-sided enclousres with a structural overhead canopy designed to prevent precipitation from contacting materials stored in the enclosure. 8.Onsite storm drains shall be stenciled or otherwise permanently labeled with "No Dumping, Drains to Ocean" or other equivalent language approved by the City. 9.Outdoor material storage areas and outdoor work areas shall be protected from rainfaill, run-on, and wind dispersal. Concrete Landscaping Gravel Porous Concrete Drainage Slope Legend drawing date: drawn by: ch r i s t i a n r i c e a r c h i t e c t s , i n c . 11 2 7 l o m a a v e , c o r o n a d o , ca 9 2 1 1 8 p 6 1 9 . 5 2 2 . 9 0 4 0 ar c h i t e c t : sh e e t t i t l e : dr a w i n g n u m b e r : pr o j e c t : revisions: LIC E N S E D ARCHIT E C T T A T E OF C A L I F O R N CHRISTIAN S. RENEWAL DATE Si t e P l a n Pa d e l C e n t e r June 2023 21 W 7 t h S t r e e t , N a t i o n a l C i t y , C a l i f o r n i a 9 1 9 5 0 CDB A1 1" = 10'-0"1 Site Plan Impervious Surface Area: Notes: 1. All existing pervious and impervious areas are to be removed. Areas shown above are new areas. 2. Dimensions shown are approximate; accurate area tabulation may be obtained using digital design software. All areas listed are as designed. 3. Regular maintenance and upkeep of pervious surfaces will be required to ensure that surface remains pervious. Do not seal pervious surface after installation. See civil drawings for typical installation. Name Dimensions Area Notes Impervious Main Building See dimensions per plans 1968 SF Utility Building Approx. 9'-4" x 6'-8"62 SF Courts - Pickleball Min. court size 44'-0" x 20-0"7981 SF Other Impervious See dimensions per plans 4156 SF 14167 SF Pervious Courts - Padel Approx. 65'-7" x 32'-9" (20m x 10m) 8644 SF Pervious (Gravel) See dimensions per plans 1295 SF 9939 SF Total disturbed area:24106 SF Note: Constructed pervious surfaces are not to be sealed. revision date notes ATTACHMENT 3 EXHIBIT A, CASE FILE NO. 2023-10 CUP, dated 6/22/2023 Page 131 of 294 UP 1 1 2 2 3 3 4 4 CC BB AA Util.Storage Reception Storage Juice Bar Women's Men's Sauna Entry Lockers Lockers Lockers Open Seating 3.45 m 11'- 4" 6.40 m 21'- 0" 9.86 m 32'- 4" 10.13 m Overall buil d in g wid th: 33'- 2 3/4" 6.40 m 21'-0" 5.18 m 17'-0" 7.62 m 25'-0"19.20 m 63'-0"19.46 m Overall building length: 63'-10 1/4" PL PL 5'-1"4'-1 1/4" 4'-11 1/2" 1'-9" 2'-2 1/4" Align Al i g n Al i g n 36" clr. min. 3'-3 1/4" 36" clr. min. 3'-3 1/4" 10 3/4" 3'-4 1/2"8'-2 3/4"6'-5" 36" min. 3'-0" 36" min . 3'- 0 1/4" Align 60" min . 5'- 0" clr . 59" min. 5'-0" clr. 59" min . 5'- 0" clr . 60" min. 5'-0" clr. 6" 1'- 11 3/4" 4'- 1 1/4" 6'- 5 1/4" 5'- 7 1/4" 6'- 2" 4'- 11" 2'- 8" 4'- 0" clr . 4'- 0" clr . 10 3/4" 3'-4 1/2"8'-4 1/4"7'-11 3/4" 6"Al i g n Al i g n 0" 3'- 0 3/4" 5'- 4 3/4" 6'- 5" 5'- 6 1/4" 7'- 6 3/4" Align 6'- 0 1/4" A5 2 A6 2 A5 1 A61 1 A73'-6" clr. Utility PL 9'-4" 6'- 8" 8" A63 A6 4 2 A7 drawing date: drawn by: ch r i s t i a n r i c e a r c h i t e c t s , i n c . 11 2 7 l o m a a v e , c o r o n a d o , ca 9 2 1 1 8 p 6 1 9 . 5 2 2 . 9 0 4 0 ar c h i t e c t : sh e e t t i t l e : dr a w i n g n u m b e r : pr o j e c t : revisions: LIC E N S E D ARCHIT E C T A T E OF C A L I F O R NI CHRISTIAN S. RENEWAL DATE Fi r s t F l o o r P l a n Pa d e l C e n t e r June 2023 21 W 7 t h S t r e e t , N a t i o n a l C i t y , C a l i f o r n i a 9 1 9 5 0 CDB A2 1/4" = 1'-0"1 First Floor Plan 1/4" = 1'-0"2 Utility Building - First Floor Plan revision date notes Page 132 of 294 DN 1 1 2 2 3 3 4 4 CC BB AA A5 2 A6 2 A5 1 A61 3.45 m 11'-4" 6.40 m 21'-0" 9.86 m 32'-4" 11.07 m Overall building width: 36'-4" 6.40 m 21'-0" 5.18 m 17'-0" 7.62 m 25'-0"19.20 m 63'-0"20.27 m Overall building length: 66'-6" PL PL Seating Area Exercise Area spaced 3'-6" o.c., typ.) 14'-0" (vertical members 2" spaced 2'-10" o.c., typ.) 11'-4" (vertical members R @ T @ 6 27/32"21 11" 1 A7 3" internal drain to discharge to stormwater system, typ.; see detail Slope 1/4" per foot, typ. 3" overflow drain to discharge to grade, typ.; see detail PL 1:12 A63 A6 4 2 A7 drawing date: drawn by: ch r i s t i a n r i c e a r c h i t e c t s , i n c . 11 2 7 l o m a a v e , c o r o n a d o , ca 9 2 1 1 8 p 6 1 9 . 5 2 2 . 9 0 4 0 ar c h i t e c t : sh e e t t i t l e : dr a w i n g n u m b e r : pr o j e c t : revisions: IC E N S E D ARCHIT E C T A T E OF C A L I F O R N CHRISTIAN S. RENEWAL DATE Ro o f P l a n Pa d e l C e n t e r June 2023 21 W 7 t h S t r e e t , N a t i o n a l C i t y , C a l i f o r n i a 9 1 9 5 0 CDB A3 1/4" = 1'-0"1 Roof Plan 1/4" = 1'-0"2 Utility Building - Roof Plan revision date notes Page 133 of 294 GRADE EL: 0.00' 1st Floor FFE EL: 1.50' Top of 1st Structure EL: 13.08' 2nd Floor FFE EL: 13.50' Top of 2nd Structure EL: 26.50' Bot of 1st Structure EL: 11.24' 1234PLPerforated metal panel screen; painted white Glass guardrail with metal top rail and supports Exposed steel structure; painted white Aluminum sliding doors with clear glazing; frame to be "White" Hollow metal exterior door; paint to match adjacent finish Exterior masonry perimeter wall; tbd Exterior brick veneer; color and type tbd GRADE EL: 0.00' 1st Floor FFE EL: 1.50' Top of 1st Structure EL: 13.08' 2nd Floor FFE EL: 13.50' Top of 2nd Structure EL: 26.50' Bot of 1st Structure EL: 11.24' 1 2 3 4 13'-0" 12'-0" PL Exterior glazed storefront system; metal door and frame to be finished "White" Exterior metal access gate with perforated panels; door, frame, and panels to be painted white drawing date: drawn by: ch r i s t i a n r i c e a r c h i t e c t s , i n c . 11 2 7 l o m a a v e , c o r o n a d o , ca 9 2 1 1 8 p 6 1 9 . 5 2 2 . 9 0 4 0 ar c h i t e c t : sh e e t t i t l e : dr a w i n g n u m b e r : pr o j e c t : revisions: LIC E N S E D ARCHIT E C T T A T E OF C A L I F O R NI CHRISTIAN S. RICE RENEWAL DATE Bu i l d i n g E l e v a t i o n s Pa d e l C e n t e r June 2023 21 W 7 t h S t r e e t , N a t i o n a l C i t y , C a l i f o r n i a 9 1 9 5 0 CDB A5 1/4" = 1'-0"1 Building Elevation (North) 1/4" = 1'-0"2 Building Elevation (South) revision date notes Page 134 of 294 GRADE EL: 0.00' 1st Floor FFE EL: 1.50' Top of 1st Structure EL: 13.08' 2nd Floor FFE EL: 13.50' Top of 2nd Structure EL: 26.50' Bot of 1st Structure EL: 11.24' C B APL Perforated metal panel screen; painted white Exposed steel structure; painted white Exterior brick veneer; color and type tbd Exterior masonry perimeter wall; tbd GRADE EL: 0.00' 1st Floor FFE EL: 1.50' Top of 1st Structure EL: 13.08' 2nd Floor FFE EL: 13.50' Top of 2nd Structure EL: 26.50' Bot of 1st Structure EL: 11.24' CBA PL PL drawing date: drawn by: ch r i s t i a n r i c e a r c h i t e c t s , i n c . 11 2 7 l o m a a v e , c o r o n a d o , ca 9 2 1 1 8 p 6 1 9 . 5 2 2 . 9 0 4 0 ar c h i t e c t : sh e e t t i t l e : dr a w i n g n u m b e r : pr o j e c t : revisions: LIC E N S E D ARCHIT E C T S T A T E OF C A L I F O R NIA CHRISTIAN S. RICE RENEWAL DATE 07-31-23 Bu i l d i n g E l e v a t i o n s Pa d e l C e n t e r June 2023 21 W 7 t h S t r e e t , N a t i o n a l C i t y , C a l i f o r n i a 9 1 9 5 0 CDB A6 1/4" = 1'-0"1 Building Elevation (East) 1/4" = 1'-0"2 Building Elevation (West) 1/4" = 1'-0"3 Utility Building Elevation (East, West sim.) 1/4" = 1'-0"4 Utility Building Elevation (South, North sim.) revision date notes Page 135 of 294 ATTACHMENT 4 NOTICE OF PUBLIC HEARING DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 32 OF THE CEQA GUIDELINES SECTION 15332 (IN-FILL DEVELOPMENT PROJECTS) AND CONDITIONAL USE PERMIT FOR AN OUTDOOR COMMERCIAL RECREATION FACILITY TO BE LOCATED AT 21 W. 7TH STREET. CASE FILE NO.: 2023-10 CUP APN: 555-052-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 18, 2023, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Christopher Bernhardt) The applicant intends to construct an athletic facility with courts dedicated to padel tennis and pickleball. The outdoor courts will be accompanied by a 1,968 square-foot clubhouse that serves members of the private club and occasional events open to the public. The proposed hours of operation for the facility are 7:00 a.m. to 10:00 p.m. daily. The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 32, Section 15332 (In-fill Development Projects). Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., September 18, 2023 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT Page 136 of 294 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 San Diego, CA 92101 MS: A-33 Lead Agency: City of National City Project Title: 2023-10 CUP Project Location: 21 W. 7th Street, National City, CA. Contact Person: David Welch Telephone Number: (619) 336-4224 Description of Nature, Purpose and Beneficiaries of Project: Conditional Use Permit for an outdoor commercial recreation facility on a 24,106 square-foot lot. The facility will provide outdoor courts for racquet sports and a 1,968 square-foot clubhouse. Applicant: Telephone Number: Christopher Bernhardt Exempt Status: Categorical Exemption – Section 15332 (In-Fill Development) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment. The 24,106 square-foot property is surrounded by urban uses and can be found consistent with the General Plan and the regulations applicable to Development Zone 1B of the Downtown Specific Plan. The project has no habitat for endangered, rare or threatened species. There is no potential for significant impacts related to traffic, noise, air quality, or water quality and the site is adequately served by required utilities and public services. Furthermore, the proposed use is conditioned to ensure that is will operate in harmony with adjacent uses. Date: DAVID WELCH Associate Planner Page 137 of 294 Public Hearing CONDITIONAL USE PERMIT FOR OUTDOOR COMMERCIAL RECREATION (PADEL CLUB) TO BE LOCATED AT 21 WEST 7TH STREET 2023-10 CUP Page 138 of 294 Overhead Page 139 of 294 Site Characteristics Vacant 24,106 ft² lot at northeast corner of W. 7th Street and Roosevelt Avenue Downtown Specific Plan Zone 1B The property is relatively flat –no major grading necessary to construct project. Parallel parking available on 7th Street and Roosevelt Ave. Approximately 12 vehicles DZ-1B allows for both residential and commercial uses Surrounding area a mix of lodging, restaurants, a gas station, retail, a charter school, and small offices West side of site faces Interstate 5 across Roosevelt Avenue Nearest residential units over 300 feet away Building permit under review for one unit on property to the east Page 140 of 294 Proposal 8 outdoor courts, small utility building, and 1,968 ft²clubhouse No on-site parking proposed –none required per AB 2097 Private club for enjoyment of padel tennis and pickleball clients Padel is a racket-based sport that originated in Mexico, currently played by 25 million people globally Courts slightly smaller than traditional tennis and are enclosed New facility intended to be for members only, but there will be occasional events to promote racquet sports to the public The proposed clubhouse building is one story and will include a reception area, small retail space, juice bar, and locker rooms with showers and a sauna Rooftop will be accessible and used for exercise such as yoga and spectating {roposed hours of operation are from 7:00 a.m. to 10:00 p.m. daily Page 141 of 294 Rendering Page 142 of 294 Rendering Page 143 of 294 Rendering Page 144 of 294 Analysis Outdoor commercial recreation is subject to the requirements of DZ-1B More general land use requirements than LUC Staff determined that use is consistent with other uses requiring the approval of a CUP within the LUC Since project proposes construction of a new facility, also subject to DSP consistency review (ministerial) Staff recommending conditions of approval related to hours of operation, exterior lighting, and compliance with noise regulations to prevent potential nuisances associated with the proposed outdoor use No parking required for proposed use pursuant to Section 65863.2 of the California Government Code (Assembly Bill 2097) Prohibits a public agency from enforcing minimum parking requirements for new development within one half mile of a major transit stop Page 145 of 294 Downtown Specific Plan Use allowable as a commercial business Staff supportive of new commercial businesses that contribute to the vitality of the downtown area Shops, restaurants, and personal services are vital components of an active district A recreational facility will serve to further contribute to the mix of uses Other commercial recreation facilities have been approved within the DSP This business is the first to request an outdoor facility A CUP allows for conditions to be in place regarding noise or other nuisances to ensure compatibility with other uses permitted in the zone such as residential units Page 146 of 294 Downtown Specific Plan Guidelines state that uses in the zone may be mixed on a parcel-by-parcel basis The lack of residential or retail square footage on this parcel can be developed elsewhere in the zone. Design guidelines Staff recommending a condition of approval for faux windows Staff is recommending a condition of approval that only permits a maximum height of four feet for opaque fencing along the street frontages Higher transparent fencing may be permitted Page 147 of 294 Comments: Comments received from Engineering and Fire Departments Included as conditions of approval in the draft resolution Included standard comments related to compliance with applicable storm water regulations, grading plans, and fire safety requirements as well as required off-site improvements Planning Division has included standard conditions of approval related to compliance with applicable development codes Page 148 of 294 Conditions / Summary The recommended conditions of approval in the attached draft resolution include conditions related to: Compatibility of development with applicable building frontage standards Requirements for new developments Restrictions on the hours of operation Exterior lighting Noise for compatibility with surrounding uses Proposed use is consistent with General Plan with approved CUP Conditionally-allowed use in Development Zone 1B of the Downtown Specific Plan Conditions of approval related to hours of operation, noise, and lighting can ensure the use operates in harmony with adjacent uses Appropriate use for all Downtown residents Page 149 of 294 Options •Find project exempt from CEQA & approve 2023-10 CUP based on findings listed in the draft resolution / findings determined by the commission; or •Find project not exempt from CEQA and/or deny 2023-10 cup based on findings determined by the commission; or •Continue the item for additional information •Staff recommending approval •Notice of Decision to City Council Page 150 of 294 AGENDA REPORT Department: Planning Prepared by: Martin Reeder, AICP – Planning Manager Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Notice of Decision – Conditional Use Permit for alcohol sales and karaoke at a new entertainment center (Round 1 Bowling & Arcade) to be located at Westfield Plaza Bonita. RECOMMENDATION: Staff recommends approval of the sale of on-site beer, wine, and distilled spirits with live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from the California Environmental Quality Act (CEQA). The sale of alcohol is a conditionally-allowed use in the MXD-2 zone and would be accessory to food sales at the proposed entertainment center. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: The Planning Commission recommended approval of the Conditional Use Permit by 6-1 vote. Ayes: Armenta, Castle, Miller, Sendt, Sanchez, Quinonez Nays: N/A Absent: Valenzuela EXPLANATION: Round1 Bowling & Arcade has applied for a California Department of Alcoholic Beverage Control (ABC) Type 47 license to offer beer, wine, and distilled spirits sales for on-site consumption at a new entertainment center in a 58,213 square-foot suite at Westfield Plaza Bonita Mall. Live entertainment in the form of karaoke is proposed, which will be limited to private party rooms. The hours of operation as proposed by the applicant are from 10:00 a.m. to 2:00 a.m. daily. The Planning Commission conducted a public hearing on September 18, 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: An application fee of $3,700 was paid with the submittal of the subject Conditional Use Permit. Fees are anticipated to cover the cost of staff review time and processing of the permit. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is a project under CEQA subject to a Categorical Exemption. Existing Facilities. CCR 15301(c). PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. Page 151 of 294 ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Planning Commission Staff Report with attachments Exhibit B – 9/18/23 Planning Commission PowerPoint slides Page 152 of 294 Item no. 7 September 18, 2023 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: PUBLIC HEARING – DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR ON-SALE ALCOHOL (TYPE-47) AND LIVE ENTERTAINMENT AT A NEW ENTERTAINMENT CENTER AND EATING PLACE (ROUND1 BOWLING & ARCADE) TO BE LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1025. Case File No.: 2023-11 CUP Location: Westfield Plaza Bonita Mall Assessor’s Parcel Nos.: 564-471-07, 564-471-08 Staff report by: David Welch, Associate Planner Approved by: Ben Martinez, Acting Community Development Director Applicant: Shintaro Kaji Zoning designation: Major Mixed-Use District (MXD-2) Adjacent use and zoning: North: Single-Family Residential across Sweetwater Rd. / RS-2 (Small Lot Res.) East: Bonita Creek development / RS-3 (Medium-Low Den. Multi- Unit Res.) South: Sweetwater River Park / OS (Open Space) West: Interstate 805 Freeway / OS Page 153 of 294 Environmental review: The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and staff is recommending that the project be determined categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit Staff recommendation: Approve Page 154 of 294 Planning Commission Meeting of September 18, 2023 Page 1 Staff Recommendation Staff recommends approval of the sale of on-site beer, wine, and distilled spirits with live entertainment, subject to the recommended conditions in the attached resolution and a determination that the project is exempt from CEQA. The sale of alcohol is a conditionally-allowed use in the MXD-2 zone and would be accessory to food sales at the proposed entertainment center. Executive Summary Round1 Bowling & Arcade has applied for a California Department of Alcoholic Beverage Control (ABC) Type 47 license to offer beer, wine, and distilled spirits sales for on-site consumption at a new entertainment center in a 58,213 square- foot suite at Westfield Plaza Bonita Mall. Live entertainment in the form of karaoke is proposed, which will be limited to private party rooms. The hours of operation as proposed by the applicant are from 10:00 a.m. to 2:00 a.m. daily. Site Characteristics The new entertainment center is to be located in a 58,213 square-foot suite in Westfield Plaza Bonita Mall. This suite occupies the former location of John’s Incredible Pizza, a similar business that previously maintained an alcohol license for on-site beer and wine, along with additional area that was previously retail suites in the interior of the mall. The previous Conditional Use Permit (CUP) for alcohol sales at this location was discontinued after operations ceased in 2021. The mall is located in the southeast corner of National City, south of Sweetwater Road on a 71-acre site in the MXD-2 zone, and it includes approximately 24 acres of building area and 4,400 parking spaces. There are currently seven restaurants with CUPs for on-site alcohol sales at the mall and Round1 Bowling & Arcade proposes to be the eighth licensed business. In addition, a denied request for a CUP for on-site alcohol sales at the proposed restaurant Manna Heaven BBQ is currently in the appeal process. Proposed Use The business is proposing to sell beer, wine, and distilled spirits on site (ABC Type 47) in conjunction with food sales at a new entertainment center. The proposed hours of operation are from 10:00 a.m. to 2:00 a.m. daily. Live entertainment in the form of karaoke within private party rooms is also proposed. Analysis Section 18.30.050 of the Land Use Code allows for on-site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol Page 155 of 294 Planning Commission Meeting of September 18, 2023 Page 2 CUPs include expanded notification, a community meeting, and distance requirements. City Council Policy 707 also regulates alcohol sales in the city. Hours of Operation The applicant has requested to sell alcohol and conduct live entertainment during their proposed hours of operation (10:00 a.m. to 2:00 a.m. daily). The only previous CUP to be granted permission for alcohol sales as late as 2:00 a.m. was for Machete Beer House, an existing bar located on Highland Avenue. Gerry’s Grill, a restaurant located in the mall, was granted permission by CUP to sell alcohol until 12:00 a.m. on Fridays and Saturdays and 11:00 p.m. on all other days. This restaurant is also permitted to have live entertainment. The request by Round1 Bowling & Arcade to serve alcohol as late as 2:00 a.m. would be more consistent with an establishment for which the principal use is the sale of alcoholic beverages for on-site consumption, such as a bar or nightclub. While there are no current businesses in National City that offer alcohol with bowling and other amusements, the City of San Diego has two such locations located in their downtown area: Tavern+Bowl East Village and Punch Bowl Social. Both locations close at 12:00 a.m. For this reason, staff is recommending a condition of approval restricting alcohol sales to 12:00 a.m., which is consistent with those approved for Gerry’s Grill on the weekends and other establishments in the region that are similar to the proposed use. Since the proposed live entertainment is limited to private party rooms, staff is not recommending modified hours for the live entertainment. Mailing – All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol-related CUP applications. Notice of this public hearing was sent to 223 occupants and owners. Community Meeting – Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Wednesday, May 31, 2023 from 11:00 a.m. to 12:00 p.m. at a community room located in the mall. The meeting advertisement is attached (Attachment 8). The applicant states there were no members of the public present at the meeting. Distance Requirements – Commercial uses where alcohol is sold accessory to the primary use are required to be 660 feet from any Institutional-zoned public school within the boundaries of the City and not less than 500 feet from similar uses. No such uses are within 660 feet or 500 feet of the proposed entertainment Page 156 of 294 Planning Commission Meeting of September 18, 2023 Page 3 center. The only school in proximity to the proposed use is Sweetwater Secondary School, a charter school that primarily educates students through online instruction. This location is within the mall and has an on-site learning lab. Alcohol Sales Concentration/Location Per the California Department of Alcoholic Beverage Control (ABC), there are currently 10 on-site sale licenses in this census tract (32.04) where a maximum of four are recommended, meaning that the census tract is considered by ABC to be over-saturated with regard to alcohol sales outlets. ABC recommendations are based on the number of persons living within a tract and, therefore, it is not unusual for commercial areas to be at or near concentration. For reference, there are seven on-site alcohol outlets in the census tract within National City (the other three are in Chula Vista). The outlets are: Name Address License Type* CUP Applebee’s 3030 Plaza Bonita Road #1298 47 Y Red Robin 3030 Plaza Bonita Road #2520 47 Y Broken Yolk 3030 Plaza Bonita Road #1106 41 Y Outback Steakhouse 2980 Plaza Bonita Road 47 Y Gerry’s Grill 3030 Plaza Bonita Road #2510 47 Y Funky Burgers & Fries 3030 Plaza Bonita Road #1108 41 Y Crab Pub 3030 Plaza Bonita Road #1430 41 Y * Type 41 - On-Sale of Beer and Wine * Type 47 - On-Sale of Beer, Wine, and Liquor Census tract 32.04 includes the area south of the Interstate 54, north of Bonita Road, west of Sweetwater Road, and east of the Interstate 805. The attached census tract map shows the location of the subject tract (Attachment 5). Concerns related to overconcentration usually revolve around areas close to residential or other sensitive uses. In this case, the multiple alcohol-licensed businesses are located in a self-contained area (shopping mall) that serves as a draw for multiple commercial uses. The concentration of commercial shopping, service, and restaurant outlets results in customers making several stops at the shopping center, rather than specialty visits to one type of business only (e.g. restaurant). As a result, concerns related to nuisance issues from alcohol- licensed businesses are lessened due to less time being spent in any one business. Page 157 of 294 Planning Commission Meeting of September 18, 2023 Page 4 Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 19 points, which places it in the High Risk category. High Risk is considered 19 to 24 points. The factors that led to this assessment included the type of business, hours of operation, inclusion of live entertainment with the proposed use, crime rate, and the concentration of alcohol-licensed businesses. The applicant proposes several measures to reduce the risks related to alcohol use and crime: • Responsible Beverage Sales and Service (RBSS) training is required for staff. • There will be a dedicated on-duty manager for alcohol service at all hours of operation. • Electronic identification scanners will be used for age verification. • Wristbands identifying patrons that are permitted to order alcohol will be required. • Third-party security personnel will patrol the premises daily. • Minors will not be permitted within the bar area. • Guests under the age of 18 will require a guardian at least 25 years of age with them after 10:00 p.m. as well as guests under 21 after 12:00 a.m. Institute for Public Strategies (IPS) Comments were received from IPS with the following considerations: 1. Staff should verify the age of all patrons ordering who appear to be under the age of thirty rather than twenty-one. 2. Alcohol sales should end by 12:00 a.m., consistent with other bowling alleys where alcohol is served. 3. The purchasing and identification system for alcohol should be tested by a third party at a minimum of four times a year. 4. An analysis of the maximum capacity for occupancy and the number of employees monitoring areas with alcohol consumption should be conducted. Page 158 of 294 Planning Commission Meeting of September 18, 2023 Page 5 Staff’s recommendation for hours of operation for alcohol sales is consistent with IPS. The other three recommendations would be considered best management practices, but not necessarily enforceable by conditions of approval. The applicant will be made aware of the recommendations, which they may consider for their policies. Findings for Approval The following are the required findings in the attached draft resolution: 1. Allowable Use: Alcohol sales and live entertainment are allowable within the MXD-2 zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the proposed entertainment center and eating place use in a commercial area. 2. General Plan Consistency: Alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In addition, an entertainment center and eating place with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. Compatibility, LUC, and Traffic: No expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed use would be incidental to the primary use of an entertainment center and eating place. 4. No Nuisance: The proposed use will be subject to conditions that limit the sale of alcohol as well as the hours that it will be available. Alcohol will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be confined to private party rooms and will have no possibility of creating excessive noise or other concerns ordinarily associated with other types of live entertainment. Page 159 of 294 Planning Commission Meeting of September 18, 2023 Page 6 5. California Environmental Quality Act (CEQA): The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing commercial shopping center with only minor alterations to the exterior and interior of the building permitted by an approved building permit, and the use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone. 6. Public Convenience and Necessity: Alcohol sales will contribute to the viability of the new entertainment center, a permitted use in the MXD-2 zone. Findings for Denial Due to the concentration of establishments with on-sale alcohol licenses, there are also three findings for denial as follows: 1. Granting the permit would 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 census tract in which the subject property is located is currently over-concentrated with regard to on- sale alcohol outlets – 10 on-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control. 2. The proposed use is not deemed essential to the public necessity, as there are already seven establishments in the same location that serve alcohol. 3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the sale of alcoholic beverages for on-site consumption pursuant to law. Conditions of Approval Standard Conditions of Approval have been included with this permit as well as conditions specific to on-site alcohol sales per Council Policy 707 (hours of operation, employee training, and accessory sales, etc.). Page 160 of 294 Planning Commission Meeting of September 18, 2023 Page 7 Summary The proposed use is consistent with the General Plan due to alcohol sales for on- site consumption being a conditionally-allowed use in the MXD-2 zone. The alcohol sales use would be accessory to the entertainment center and eating place use in an established commercial area. The inclusion of conditions consistent with policy 707 is intended to alleviate concerns related to area impacts. Options 1. Find the project exempt from CEQA under Class 1 of the CEQA Guidelines Section 15301 or other exemption and approve 2023-11 CUP subject to the conditions included in the Resolution, or other conditions, and based on the findings included in the Resolution, or other findings to be determined by the Planning Commission; or, 2. Find the project not exempt from CEQA and/or deny 2023-11 CUP based on the attached findings, or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Draft Resolutions 2. Overhead 3. Applicant's Plans (Exhibit A, Case File No. 2023-11 CUP, dated 7/11/2023) 4. Public Hearing Notice (Sent to 223 property owners & occupants) 5. Census Tract & Police Beat Maps 6. Police Department Comments 7. IPS Comments 8. Community Meeting Advertisement Page 161 of 294 ATTACHMENT 1 RESOLUTION NO. 2023-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DETERMINING THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND APPROVING A CONDITIONAL USE PERMIT FOR ON-SALE ALCOHOL (TYPE-47) AT A NEW ENTERTAINMENT CENTER AND EATING PLACE (ROUND1 BOWLING & ARCADE) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1025 CASE FILE NO. 2023-11 CUP APNS: 564-471-07, 564-471-08 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site alcohol sales at a new entertainment center and eating place (Round1 Bowling & Arcade) located at 3030 Plaza Bonita Road, Suite 1025 at a duly advertised public hearing held on September 18, 2023, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2023-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 18, 2023, support the following findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because alcohol sales and live entertainment are allowable within the MXD-2 zone, pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. It is incidental to the proposed entertainment center and eating place use in a commercial area. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales and live entertainment are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. In Page 162 of 294 addition, an entertainment center and eating place with alcohol sales is consistent with the MXD-2 land use designation contained in the Land Use Code and Community Character element of the General Plan. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion of the building is proposed. The proposal involves an existing commercial space, which was previously analyzed for traffic impacts when it was constructed. The proposed use would be incidental to the primary use of an entertainment center and eating place. 4. 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 proposed uses would be incidental to the primary use of an entertainment center with food sales. The building is existing and alterations to the interior and exterior of the proposed suite will have to be built in compliance with all applicable building and fire codes. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol as well as the hours that it will be available. Alcohol will only be available with the sale of food. In addition, all staff members serving alcohol are required to receive RBSS training. Live entertainment will be confined to private party rooms and will have no possibility of creating excessive noise or other concerns ordinarily associated with other types of live entertainment. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA) and has been determined to be categorically exempt from environmental review pursuant to Class 1, Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the use is proposed within an existing shopping center with only minor alterations to the exterior and interior of the building permitted by an approved building permit, and the use is similar to other commercial uses in the area, which are permitted in the MXD-2 zone. 7. The proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sale will contribute to the viability of the new entertainment center, a permitted use in the MXD-2 zone. Page 163 of 294 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on-site sales of alcoholic beverages in accordance with applicable law and the recommended conditions. The use, as proposed and conditioned, will operate in harmony with surrounding uses, will not cause a nuisance, and will benefit the community looking for entertainment and dining. BE IT FURTHER RESOLVED that the application for a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of beer, wine, and distilled spirits for on-site consumption and live entertainment at a new entertainment center and eating place (Round1 Bowling & Arcade) located at 3030 Plaza Bonita Road, Suite 1025. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2023-11 CUP, dated 7/11/2023. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant or owner 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 or owner 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 Director of Community Development prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void at such time as there is no longer a Type 47 California Department of Alcoholic Beverage Control license associated with the property. Page 164 of 294 5. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval unless extended according to procedures specified in the Municipal Code. 6. 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. 7. This Conditional Use Permit may be revoked if the operator is found to be in violation of any Conditions of Approval or applicable law. Planning 8. No alcohol sales and consumption practices shall be permitted until the applicant has been issued a Type 47 license from the California Department of Alcoholic Beverage Control. 9. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. 10. The sale of alcoholic beverages shall only be permitted between the hours of 10:00 a.m. and 12:00 a.m. daily. 11. Live entertainment in the form of karaoke is authorized within private party rooms. No other forms of live entertainment are permitted without modification of this Conditional Use Permit. 12. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by the Planning Manager or designee or other employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 13. Alcohol shall be available only in conjunction with the purchase of food. 14. The sale of alcoholic beverages for off-site consumption is not permitted at this location. 15. Permittee shall post signs indicating that alcoholic beverages must be consumed inside the business and may not be taken off-premises. No outdoor consumption is permitted. Page 165 of 294 16. A fully operational, digitally recorded CCTV security system that covers all points of entry/exit, sales of alcoholic beverages, karaoke/party rooms, and overall locations where alcoholic beverages may be consumed within the property shall be required while the use authorized by this permit is maintained. 17. The operator of the business shall maintain an active business license and ensure that the business license is renewed annually. 18. Prior to the approval of a business license for this location, the applicant shall submit an operations plan to the Planning Division providing details on their policies related to alcohol sales and service and security. The operations plan shall substantially conform to the procedures provided in the project description submitted with the application for 2023-11 CUP dated 6/28/2023, save and except, polices adopted in conformance with the recommendations provided by the Institute for Public Strategies. 19. Building plans associated with the proposed entertainment center shall comply with the current editions of the California Building Code and California Fire Code. Police 20. The permittee shall comply with all applicable law, including, but not limited to the regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. Indemnification Agreement The Applicant shall defend, indemnify, and hold harmless the City, its agents, officers, and employees from any and all claims, actions, proceedings, damages, judgments, or costs, including attorney's fees, against the City or its agents, officers, or employees, relating to the issuance of this permit including, but not limited to, any action to attack, set aside, void, challenge, or annul this development approval and any environmental document or decision. The City will promptly notify the Applicant of any claim, action, or proceeding. The City may elect to conduct its own defense, participate in its own defense, or obtain independent legal counsel in defense of any claim related to this indemnification. In the event of such election, the Applicant shall pay all of the costs related thereto, including without limitation reasonable attorney's fees and costs. In the event of a disagreement between the City and Applicant regarding litigation issues, the City shall have the authority to control the litigation and make litigation related decisions, including, but not limited to, settlement or other disposition of the matter. However, the Applicant shall not be required to pay or perform any settlement unless such settlement is approved by the Applicant. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission Page 166 of 294 resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 167 of 294 RESOLUTION NO. 2023-23 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR ON-SALE ALCOHOL (TYPE-47) AND LIVE ENTERTAINMENT AT A NEW ENTERTAINMENT CENTER AND EATING PLACE (ROUND1 BOWLING & ARCADE) LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1025 CASE FILE NO. 2023-11 CUP APNS: 564-471-07, 564-471-08 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for on-site alcohol sales at a new entertainment center and eating place (Round1 Bowling & Arcade) located at 3030 Plaza Bonita Road, Suite 1025 at a duly advertised public hearing held on September 18, 2023, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearing, the Planning Commission considered the staff report contained in Case File No. 2023-11 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 18, 2023, support the following finding: 1. Granting the permit would 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 census tract in which the subject property is located is currently over-concentrated with regard to on-sale alcohol outlets – 10 on-sale outlets are permitted where four are recommended by the California Department of Alcoholic Beverage Control. 2. The proposed use is not deemed essential to the public necessity, as there are already seven establishments in the same location that serve alcohol. Page 168 of 294 3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the sale of alcoholic beverages for on-site consumption pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 18, 2023, by the following vote: AYES: NAYS: ABSENT: ABSTAIN: ________________________ CHAIRPERSON Page 169 of 294 ATTACHMENT 2 2023-11 CUP – 3030 Plaza Bonita Road, Suite 1025 – Overhead Page 170 of 294 ATTACHMENT 3 EXHIBIT A: CASE FILE NO. 2023-11 CUP, dated 7/11/2023 Page 171 of 294 Page 172 of 294 ATTACHMENT 4 NOTICE OF PUBLIC HEARING DETERMINATION THAT THE PROJECT IS CATEGORICALLY EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) UNDER CLASS 1 OF THE CEQA GUIDELINES SECTION 15301 (EXISTING FACILITIES) AND CONDITIONAL USE PERMIT FOR ON-SALE ALCOHOL (TYPE-47) AND LIVE ENTERTAINMENT AT A NEW ENTERTAINMENT CENTER AND EATING PLACE (ROUND1 BOWLING & ARCADE) TO BE LOCATED AT 3030 PLAZA BONITA ROAD, SUITE 1025. CASE FILE NO.: 2023-11 CUP APNS: 564-471-07, 564-471-08 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 18, 2023, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Shintaro Kaji) The applicant proposes to offer beer, wine, and liquor for on-site consumption (ABC Type-47 license) and live entertainment in conjunction with a new entertainment center and eating place to be located in a 58,213 square-foot suite within Westfield Plaza Bonita Mall. The proposed hours of operation are 10:00 a.m. to 2:00 a.m. daily. The requested live entertainment is karaoke within private party rooms. The Planning Commission will also consider the staff determination that the project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301 (Existing Facilities). Information is available for review at the City’s Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 4:00 p.m., September 18, 2023 by submitting it to PlcPubComment@nationalcityca.gov. Planning staff can be contacted at 619-336-4310 or planning@nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT Page 173 of 294 Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp.,GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, OrdnanceSurvey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, MapmyIndia, ©OpenStreetMap contributors, and the GIS User Community CensusTracts 2010 August 25, 2014 0 0.75 1.50.375 mi 0 1 20.5 km 1:45,467 ATTACHMENT 5 Page 174 of 294 City of National City Beat 23 Source: Microsoft Mappoint NCPD CAU, 4/18/07 Page 175 of 294 Notes: NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: BUSINESS NAME: ADDRESS: OWNER NAME:DOB: OWNER ADDRESS: (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 11pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 1 of 2 $77$&+0(17 07/19/23 Round 1 Bowling and Arcade 3030 Plaza Bonita Road #1025, National City, CA 91950 Shintaro Kaji - Currently, there are (2) off sale licenses authorized in tract 32.04 - Currently, there are (5) on sale licenses authorized in tract 32.04 - Currently, there are (10) active on sale licenses in tract 32.04 - Currently, there are (1) off sale licenses active in tract 32.04 ✔ ✔ ✔ ✔ ✔ Page 176 of 294 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME:DOB: OWNER ADDRESS: Recommendation: Completed by: Badge ID: Revised: 8/16 2 of 2 Low Risk ( 12pts or less) Medium Risk (13 –18pts) High Risk (19 –24pts) Total Points 19 Shintaro Kaji This tract,specifically the Plaza Bonita Mall, is over populated with businesses that serve alcohol on site. The (10) ten other active on sale retail licenses are restaurants and do not have an entertainment component to their business. All of the other on sale retail licensed businesses close prior to 2am except one. Standards and minimums should to be set for security guards at the business especially during night time and weekend hours to prevent criminal activity, limit the need for emergency services and prevent the business from having similar problems to the violent crimes that are occurring at similar style business like Dave and Busters in Mission Valley. Based on this form, this business is assessed at a high risk. I believe a "high risk" is an appropriate assessment. J. Camacho, Sergeant 449 ✔ ✔ ✔ Page 177 of 294 Funded by the San Diego County Health and Human Services Agency 8885 Rio San Diego Drive #117 San Diego, California, 92108 Phone: 619.476-9100 Fax: 619.476-9104 www.publicstrategies.org Environmental Scan for Proposed Type 47 Alcohol CUP 3030 Plaza Bonita Road, Suite 1025, National City, CA 91950 Conducted: July 24, 2023 Photo of the proposed location. An environmental scan was conducted on Monday, July 24, 2023 for a proposed Type 47 on-sale alcohol license at 3030 Plaza Bonita Road, Suite 1025. The proposed location is within the shopping mall Westfield Plaza Bonita. ATTACHMENT 7 Page 178 of 294 During a scan of the business and premises, the following was noted: • The business is located in a predominantly commercial area of a Mixed-Use District. • The location has multiple transportation options including traditional car infrastructure, bus stops and a nearby bike path. • There are multiple full-service restaurants in close proximately to the proposed location, including a food court on the second floor of the mall and an Applebee’s directly across from the back side of the proposed site. Youth Sensitive Areas Sweetwater Secondary School (approximately 400 feet away; located within the same shopping mall in Suite 1000) Sweetwater Heights Park (approximately 2,800 feet away) Churches Centro Victoria National City (approximately 2,630 feet away) is the closest one to this location. Outlet Density According to the ABC, five (5) on-sale licenses are authorized for Census Tract #32.04, which is the census track where 3030 Plaza Bonita Road, National City, is located. There are already 10 on-sale licenses for this census tract according to ABC records – exceeding ABC recommendations by 200%. Map of Census Tract 32.04 Page 179 of 294 Census Tracts Off-Sale On-Sale Census Tract 32.04 Establishment is within this tract Allowed: 2 Currently there is: 1 The census tract is currently not overconcentrated for off- sale licenses Allowed: 5 Currently there are: 10 This census tract is 200% overconcentrated per ABC guidelines Crime Rate Below is a crime map for this location from crimemapping.com for the month of July 2023. Plaza Bonita Road near the mall has been the site of a cluster of criminal activity. Several crimes including assault, car theft, vandalism and possession of narcotics have been reported in the area. A follow up request for crime-related information from personnel within the City of National City Police Department may result in obtaining a more detailed crime rate for this location. Page 180 of 294 Considerations The following are considerations if a CUP is issued: 1. Require that servers/management check for valid identification for patrons appearing under the age of thirty (30), rather than twenty-one (21), when patrons order alcohol. 2. To prevent a potential increase in crime and nuisance problems, require that alcohol sales end by 12:00 am daily, which is consistent with bowling alleys in the area. 3. At a minimum of four times per year, an outside entity should test the purchasing and identification verification system of the licensee, under the direction of the National City Police Department or the California ABC. 4. An analysis of maximum capacity for occupancy and number of employees planned to monitor areas where alcohol consumption is occurring is recommended. Page 181 of 294 ATTACHMENT 8 Page 182 of 294 Page 183 of 294 Page 184 of 294 Public Hearing CONDITIONAL USE PERMIT FOR ALCOHOL SALES AND LIVE ENTERTAINMENT AT A NEW RESTAURANT/ENTERTAINMENT VENUE (ROUND 1 BOWLING & ARCADE) AT WESTFIELD PLAZA BONITA 2023-11 CUP Page 185 of 294 Overhead Page 186 of 294 Overhead Page 187 of 294 Site Characteristics Westfield Plaza Bonita Southeast corner of National City MXD-2 zone 71-acre property 24 acres of building area 4,400 parking spaces Currently seven restaurants with CUPs for on-site alcohol sales Previous Planning Commission denial of a CUP for on-site alcohol sales (Manna Heaven BBQ) currently in the appeal process New entertainment center to be located in a 58,213 ft² suite in Westfield Plaza Bonita Suite occupies former John’s Incredible Pizza and adjacent interior space (+/-14,000 ft² ) John’s approved for CUP for alcohol sales previously –discontinued in 2021 Page 188 of 294 Proposal The business proposes to sell beer, wine, and distilled spirits (ABC Type 47) in conjunction with food sales Proposed hours of operation are from 10:00 a.m. to 2:00 a.m. daily. Staff suggesting until midnight Live entertainment in the form of karaoke within private party rooms is also proposed 4 party rooms (25-30 seats) 133-seat dining room 5-lane bowling alley Open game area Page 189 of 294 Floor Plan Page 190 of 294 Analysis NCMC 18.30.050 allows for on-site alcohol sales and live entertainment with approved CUP Additional requirements for alcohol CUPs: Mailing –owners/occupants within 660 ft. (223) Community meeting –Held May 31, 2023 –no attendees Census Tract 32.04 –10 on-sale licenses in this tract where four are recommended Distance requirements –No Institutional-zoned school within 660 ft. City council policy 707 Standard conditions Page 191 of 294 Comments: Police Department (PD) Risk Assessment –19points High risk –19 to 24 points Assigns points based on type of business, license concentration, calls for service, etc. Applicant proposes measures to reduce concerns: RBSS training Dedicated manager & security personnel Age verification system / wristbands Age restriction after 10 p.m. Institute for Public Strategies (IPS) Age verification, sales hours, testing, occupancy analysis Page 192 of 294 Conditions Standard Conditions of Approval Conditions specific to on-site alcohol sales per Council Policy 707 Hours of operation Employee training Accessory sales Application-specific conditions Karaoke in party rooms only Security system Operations plan Page 193 of 294 Summary Proposed use is consistent with the General Plan Alcohol sales for on-site consumption are a conditionally-allowed use in MXD-2 zone Alcohol sales use would be accessory to the business in an established commercial area Inclusion of conditions consistent with policy 707 intended to alleviate concerns related to area impacts Page 194 of 294 Options •Find project exempt from CEQA & approve 2023-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Find project not exempt from CEQA and/or deny 2023-11 CUP based on findings listed in the draft resolution / findings determined by the Commission; or •Continue the item for additional information •Staff recommending approval •Notice of Decision to City Council Page 195 of 294 Floor Plan Page 196 of 294 AGENDA REPORT Department: Administrative Services - Human Resources Prepared by: Molly Brennan, Administrative Services Director Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Part-Time Police Dispatcher Trainer Assignment Pay RECOMMENDATION: Adopt a Resolution Entitled “Resolution of the City Council of the City of National City, California Authorizing Trainer Assignment Pay for Part-Time Police Dispatchers.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The City has budgeted for and authorized 13 full-time Police Dispatchers and 2 full-time Senior Dispatchers. There are currently 9 full-time Police Dispatchers and 1 Senior Dispatcher working at the City, with one additional full-time Dispatcher in the onboarding process. Staff is working hard to fill the remaining vacancies at the Dispatcher Center. The department supplements the full-time staff with a few part-time Police Dispatchers. There are currently two part-time Police Dispatchers. Full-time Police Dispatchers receive the benefits defined in the Municipal Employees Association (MEA) labor agreement. Non-career part-time employees do not receive benefits. Due to the staffing challenges within the Police Dispatch Center and to recognize and incentivize the part-time Dispatchers who are filling an essential services gap, staff is recommending that part-time Police Dispatchers receive the opportunity for one benefit provided to their full-time colleagues; trainer assignment pay for time spent training the many recent hires (3% base wage). Of the 10 current dispatch center employees, 3 are currently in training and any future new hires will also require multiple months of training. Being able to utilize the two part-time Dispatchers as supplemental trainers will make the task of training the City’s new Dispatchers much more manageable. It will allow the City to onboard new Dispatchers faster than we otherwise would be able to if only full-time employees can serve as trainers. This proposal is only for part-time employees working in the classification as Police Dispatchers. The benefits of all other part-time employees would not change. For the part-time Police Dispatchers, staff is recommending mirroring the benefits language to relevant language in the MEA MOU as drafted below. Trainer Assignment Pay for Dispatchers Part-time Police Dispatchers in the Police Department shall receive Trainer Assignment Pay equal to three percent (3%) of base salary when assigned as a trainer for other dispatchers and the training is anticipated to last at least one month. This pay differential will be determined on a daily basis and will not apply to days when the trainer is absent from work or otherwise not engaged in performing the training function. Page 197 of 294 FINANCIAL STATEMENT: With two part time Police Dispatchers, if they both spend the majority of shifts training, the proposed training pay benefit will cost the City an additional $2,000 per year. Given the current vacancies in the Dispatch Center, no additional budget appropriations are needed at this point in time to cover the new benefits. The estimated cost can be absorbed within the fiscal year 2023- 2024 adopted budget for Police personnel services. 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 the meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBIT: Exhibit A - Resolution Page 198 of 294 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING TRAINER ASSIGNMENT PAY FOR PART-TIME POLICE DISPATCHERS WHEREAS, the City of National City Police Department, along with police departments nationwide, has struggled to fully staff the Police Dispatch Center; and WHEREAS, in 2023 the City hired three new full-time Police Dispatchers and intends to hire four more in the coming months; and WHEREAS, a few part-time Police Dispatchers are used to supplement the authorized full-time benefited positions; and WHEREAS, the part-time Police Dispatchers currently receive no benefits beyond their hourly compensation; and WHEREAS, to recognize and incentivize the part-time Police Dispatchers who are filling an essential services gap and to reduce the burden of training from the seven fully trained full- time Police Dispatch employees, staff recommends providing part-time Police Dispatchers the opportunity to receive trainer assignment pay; and WHEREAS, the new benefit will become effective upon City Council approval; and WHEREAS, an estimated annual cost of $2,000 for the new benefit will be absorbed within the fiscal year 2023-2024 adopted budget for Police personnel 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 creation of the following benefit for part-time Police Dispatchers as detailed below. 1. Trainer Assignment Pay Part-time Police Dispatchers in the Police Department shall receive Trainer Assignment Pay equal to three percent (3%) of base salary when assigned as a trainer for other dispatchers and the training is anticipated to last at least one month. This pay differential will be determined on a daily basis and will not apply to days when the trainer is absent from work or otherwise not engaged in performing the training function. 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 3rd day of October, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 199 of 294 AGENDA REPORT Department: Administrative Services - Finance Prepared by: Kecia Carrasco, Accountant Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Investment Report for the Quarter Ended June 30, 2023. RECOMMENDATION: Accept and File the Investment Report for the Quarter Ended June 30, 2023. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: The California Government Code (§53646(b)) requires that, when the Treasurer or the Chief Fiscal Officer of a local agency renders to the legislative body of the agency a quarterly report on the agency’s investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: type of investment; issuer (bank or institution); date of maturity; dollar amount invested; and current market valuation as of the date of the report. In addition, the Government Code (§53646(b)(2)) requires that the report state the City’s compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool’s ability to meet its expenditure requirements Code (§53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City’s pooled investment portfolio balance as of June 30, 2023, is summarized below and compared to the balance as of June 30, 2022. 1 actual cost of investments 2 amount at which the investments could be sold The assets of the City of National City’s investment portfolio are managed by Chandler Asset Management, the California Treasurer’s Local Agency Investment Fund (LAIF) that represents the largest portion of the assets with 39.07%, and the San Diego County Treasurer's Pooled Table 1 6/30/2023 6/30/2022 Book Value 1 122,326,257$ 102,074,448$ Market Value 2 119,944,887$ 99,160,013$ Page 200 of 294 Money Fund (“San Diego County Pool”). The San Diego County Pool and LAIF are liquid investment pools that allow participants to earn market-rate returns while retaining access to funds within 24 to 48 hours of a withdrawal request with no penalty. The City’s assets managed by Chandler Asset Management may be liquidated and withdrawn at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation of these investments is at the risk of loss and/or penalty to the City. Summaries of the City’s investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of June 30, 2023 1 includes accrued interest 2 includes LAIF participation factor of 0.984828499 Table 2 Total Market % of Issuer/Manager Book Value Market Value1 YTM Portfolio Chandler Asset Management 37,732,557 35,871,929 4.90%29.91% County of San Diego 37,384,240 37,209,041 3.50%31.02% Local Agency Investment Fund 47,209,460 46,863,917 3.17%39.07% Totals for June 30, 2023 $122,326,257 $119,944,887 100.00% 2 Chandler Asset Management $35,871,929County of San Diego $37,209,041 LAIF $46,863,917 TOTAL MARKET VALUE $119,944,887 Page 201 of 294 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended June 30, 2023 1 includes accrued interest 2 annualized 3 weighted Economic Update: “Recent economic data continues to suggest positive but below-trend growth this year. Although the pace of job growth is moderating, labor markets remain solid, and the U.S. consumer has demonstrated resiliency. Inflationary trends are subsiding, but core levels remain well above the Fed’s target. Given the cumulative effects of restrictive monetary policy and tighter financial conditions, we believe the economy will gradually soften and the Fed will remain data-dependent as they tread cautiously going forward. As anticipated at the July meeting, the Federal Open Market Committee voted unanimously to raise the Federal Funds rate by 0.25% to a target range of 5.25 - 5.50%, the highest level in over 20 years. Fed Chair Powell maintained that the FOMC will remain data-dependent going forward and that they do not anticipate a recession, leaving the option open for the possibility of additional rate hikes in the future if needed. The yield curve remained inverted in July. The 2-year Treasury yield decreased 2 basis points to 4.88%, the 5-year Treasury yield rose 2 basis points to 4.18%, and the 10-year Treasury yield increased 12 basis points to 3.96%. The inversion between the 2-year Treasury yield and 10- year Treasury yield narrowed to -92 basis points at July month-end versus -106 basis points at June month-end. The spread between the 2-year Treasury and 10-year Treasury yield one year ago was -24 basis points. The inversion between 3-month and 10-year Treasuries narrowed to -145 basis points in July from -146 basis points in June. The shape of the yield curve indicates that the probability of recession persists.”1 COMPLIANCE STATEMENT All of the City’s investments are in compliance with the City’s investment policy (City Council Policy No. 203) and the California Government Code (§53601 et seq). FINANCIAL STATEMENT: Realized and unrealized gains for the period, reflected below, were $725,065. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. 1 June 30, 2023 Chandler Asset Management Quarterly Investment Report Table 3 Issuer/Manager 6/30/2023 3/31/2023 Change Period Return Yield (Net)2 Chandler Asset Management $35,871,929 $36,008,666 ($136,737)-0.36%NA County of San Diego $37,209,041 $36,028,406 $1,180,635 3.22%13.52% Local Agency Investment Fund $46,863,917 $46,576,466 $287,451 0.79%3.22% Totals for June 30, 2023 $119,944,887 $118,613,538 $1,331,349 1.19% Total Market Value 1 3 Page 202 of 294 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool’s expenditure requirements. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBIT: Exhibit A – 2023-0630 Investment Reports Table 4 Issuer/Manager Gain/(Loss) Chandler Asset Management 59,311$ County of San Diego 295,058 LAIF 370,695 Totals for June 30, 2023 725,065$ Page 203 of 294 City of National City MONTHLY ACCOUNT STATEMENT JUNE 1, 2023 THROUGH JUNE 30, 2023 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. CHANDLER ASSET MANAGEMENT chandlerasset.com Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 Page 204 of 294 ACCOUNT SUMMARY Beg. Values as of 5/31/23 End Values as of 6/30/23 Market Value 35,901,021 35,703,294 Accrued Interest 145,865 168,634 Total Market Value 36,046,886 35,871,929 Income Earned 53,107 59,311 Cont/WD 0 Par 37,608,604 37,647,347 Book Value 37,723,734 37,732,557 Cost Value 37,723,734 37,732,557 TOP ISSUERS Government of United States 47.8% Federal Home Loan Mortgage Corp 8.3% Federal Home Loan Bank 6.4% Federal National Mortgage Assoc 3.8% Intl Bank Recon and Development 2.1% Deere & Company 1.9% Apple Inc 1.8% Charles Schwab Corp/The 1.5% Total 73.5% PORTFOLIO CHARACTERISTICS Average Modified Duration 2.33 Average Coupon 1.93% Average Purchase YTM 1.89% Average Market YTM 4.90% Average S&P/Moody Rating AA/Aa1 Average Final Maturity 2.59 yrs Average Life 2.50 yrs CREDIT QUALITY (S&P)MATURITY DISTRIBUTIONSECTOR ALLOCATION Portfolio Summary As of June 30, 2023 City of National City PERFORMANCE REVIEW Annualized TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 2/29/2012 City of National City -0.49%-0.36%1.27%0.41%-1.94%-1.21%0.90%0.83%0.77% ICE BofA 1-5 Yr US Treasury & Agency Index*-0.73%-0.85%0.95%-0.42%-2.43%-1.60%0.60%0.60%0.57% *ICE BofA 1-3 Yr US Treasury & Agency Index to 12/31/2021 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 1 Page 205 of 294 Category Standard Comment U.S. Treasuries No limitation; Full faith and credit of the U.S. are pledged for the payment of principal and interest Complies Federal Agencies No Limitation; Federal agencies or U.S. government-sponsored enterprise obligations, participations, or other instruments, including those issued or fully guaranteed as to principal and interest by federal agencies or U.S. government sponsored enterprises. Complies Supranational Obligations "AA" rating category or higher by a NRSRO; 30% max; 10% max per issuer; U.S. dollar denominated senior unsecured unsubordinated obligations issued or unconditionally guaranteed by IBRD, IFC, IADB Complies Municipal Securities "A" rating category or better by two NRSROs; 30% max; 5% max per issuer; Include bonds of the City, the State of California, any other state, and any local agency within the State of California; Bonds will be registered in the name of the City or held under a custodial agreement at a bank. Complies Corporate Medium Term Notes "A" rating category or better by at least two NRSROs; 30% max; 5% max per issuer; Issued by corporations organized and operating within the U.S. or by depository institutions licensed by U.S. or any state and operating within the U.S.Complies Mortgage Pass-throughs, Asset Backed Securities, and Collaterized Mortgage Obligations "AA" rating category or better by a NRSRO; 20% max Complies Negotiable Certificates of Deposit "A" long-term debt rated or higher by at least two NRSROs; and/or "A1" short-term debt rated or higher by at least two NRSROs; 30% max (including CDARs); 5% max per issuer Complies Certificate of Deposit Placement Service (CDARS)30% max (combination of Certificates of Deposit, including CDARS)Complies FDIC insured Time Deposits/ Certificates of Deposit Non-Negotiable Certificates of Deposit in state or federally chartered banks, savings and loans, or credit unions; The amount per institution is limited to maximum covered under FDIC; 30% max combined certificates of deposit including CDARS Complies Banker’s Acceptances "A-1" short-term debt rated or higher by at least two NRSROs; and "A" long-term debt rated by two NRSROs; 40% max; 5% max per issuer; 180 days max maturity Complies Commercial Paper "A-1" short-term rated or higher by at least two NRSROs; and "A" long-term debt rated by two NRSROs; 25% max; 5% max per issuer; 270 days max maturity; Issuer is a corporation organized and operating in the U.S. with assets > $500 million Complies Money Market Mutual Funds 20% max in Money Market Mutual Funds; Registered with SEC under Investment Company Act of 1940 and funds meet either of the following criteria: (i) Highest rating by two NRSROs; or (ii) Retained an investment adviser registered or exempt from SEC registration with > 5 years experience managing money market mutual funds with AUM >$500 million Complies Local Agency Investment Fund (LAIF)Maximum permitted amount in LAIF; Not used by investment adviser Complies Local Government Investment Pool (LGIP)San Diego County Investment Pool Complies Prohibited Securities Any investment not specifically described in the policy; Inverse floaters; Ranges notes, Mortgage-derived interest-only strips; Zero interest accrual securities if held to maturity; Trading securities for the sole purpose of speculating on the future direction of interest rates; Purchasing or selling securities on margin; Reverse repurchase agreements; Securities lending or any other form of borrowing or leverage; Foreign currency denominated securities Complies Callable Securities 20% maximum (does not include "make whole call" securities)Complies Maximum Issuer 5% max per issuer, except as noted in Section VIII of the investment policy Complies Duration Approximately equal to duration of the benchmark Complies Maximum maturity 5 years Complies City of National City As of June 30, 2023 Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. Statement of Compliance Page 206 of 294 BOOK VALUE RECONCILIATION BEGINNING BOOK VALUE $37,723,734.14 Acquisition + Security Purchases $982,236.82 + Money Market Fund Purchases $515,495.92 + Money Market Contributions $0.00 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $1,497,732.74 Dispositions - Security Sales $819,437.50 - Money Market Fund Sales $547,466.20 - MMF Withdrawals $0.00 - Security Withdrawals $0.00 - Security Transfers $0.00 - Other Dispositions $0.00 - Maturities $0.00 - Calls $0.00 - Principal Paydowns $94,286.88 Total Dispositions $1,461,190.58 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss ($27,719.29) ($27,719.29) ENDING BOOK VALUE $37,732,557.01 CASH TRANSACTION SUMMARY BEGINNING BALANCE $75,700.32 Acquisition Contributions $0.00 Security Sale Proceeds $819,437.50 Accrued Interest Received $657.82 Interest Received $43,240.95 Dividend Received $904.19 Principal on Maturities $0.00 Interest on Maturities $0.00 Calls/Redemption (Principal)$0.00 Interest from Calls/Redemption $0.00 Principal Paydown $94,286.88 Total Acquisitions $958,527.34 Dispositions Withdrawals $0.00 Security Purchase $982,236.82 Accrued Interest Paid $8,260.80 Total Dispositions $990,497.62 ENDING BOOK VALUE $43,730.04 Reconciliation Summary As of June 30, 2023 City of National City Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 3 Page 207 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income FIXED INCOME 023135BW5 Amazon.com Inc Note 0.45% Due 05/12/2024 05/10/2021 05/12/2021 255,000.00 254,627.70 0.00 0.00 254,627.70 60.56 0.00 156.19 95.63 0.00 0.00 0.00 95.63 95.63 023135CF1 Amazon.com Inc Callable Note Cont 3/13/2027 3.3% Due 04/13/2027 04/11/2022 04/13/2022 205,000.00 204,577.70 0.00 0.00 204,577.70 902.00 0.00 1,465.75 563.75 0.00 0.00 0.00 563.75 563.75 037833EB2 Apple Inc Callable Note Cont 1/8/2026 0.7% Due 02/08/2026 01/13/2022 01/18/2022 700,000.00 677,908.00 0.00 0.00 677,908.00 1,538.06 0.00 1,946.39 408.33 0.00 0.00 0.00 408.33 408.33 05601XAC3 BMW Vehicle Lease Trust 2022-1 A3 1.1% Due 03/25/2025 01/11/2022 01/19/2022 98,050.65 109,968.92 0.00 11,932.93 98,035.99 20.16 100.82 17.98 98.64 0.00 0.00 0.00 98.64 98.64 06368FAC3 Bank of Montreal Note 1.25% Due 09/15/2026 11/18/2021 11/22/2021 500,000.00 491,120.00 0.00 0.00 491,120.00 1,319.44 0.00 1,840.28 520.84 0.00 0.00 0.00 520.84 520.84 06406RAX5 Bank of NY Mellon Corp Callable Note Cont 9/25/2024 0.85% Due 10/25/2024 12/15/2021 12/17/2021 500,000.00 495,325.00 0.00 0.00 495,325.00 425.00 0.00 779.17 354.17 0.00 0.00 0.00 354.17 354.17 084664CZ2 Berkshire Hathaway Callable Note Cont 2/15/2027 2.3% Due 03/15/2027 03/07/2022 03/15/2022 430,000.00 429,918.30 0.00 0.00 429,918.30 2,087.89 0.00 2,912.06 824.17 0.00 0.00 0.00 824.17 824.17 09690AAC7 BMW Vehicle Lease Trust 2021-2 A3 0.33% Due 12/26/2024 09/08/2021 09/15/2021 44,885.05 53,983.58 0.00 9,103.16 44,880.42 2.97 14.85 2.47 14.35 0.00 0.00 0.00 14.35 14.35 14913R2L0 Caterpillar Financial Service Note 0.45% Due 05/17/2024 05/10/2021 05/17/2021 405,000.00 404,457.30 0.00 0.00 404,457.30 70.88 0.00 222.75 151.87 0.00 0.00 0.00 151.87 151.87 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 17 Page 208 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 24422EUR8 John Deere Capital Corp Note 3.45% Due 01/10/2024 03/14/2019 03/18/2019 400,000.00 408,860.00 0.00 0.00 408,860.00 5,405.00 0.00 6,555.00 1,150.00 0.00 0.00 0.00 1,150.00 1,150.00 24422EVN6 John Deere Capital Corp Note 0.45% Due 01/17/2024 03/01/2021 03/04/2021 275,000.00 274,804.75 0.00 0.00 274,804.75 460.63 0.00 563.75 103.12 0.00 0.00 0.00 103.12 103.12 3130A0F70 FHLB Note 3.375% Due 12/08/2023 01/30/2019 01/31/2019 525,000.00 540,734.25 0.00 0.00 540,734.25 8,514.84 8,859.38 1,132.03 1,476.57 0.00 0.00 0.00 1,476.57 1,476.57 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 Various Various 580,000.00 605,009.60 0.00 0.00 605,009.60 7,735.34 8,337.50 787.44 1,389.60 0.00 0.00 0.00 1,389.60 1,389.60 3130A2UW4 FHLB Note 2.875% Due 09/13/2024 10/29/2019 10/30/2019 300,000.00 315,474.00 0.00 0.00 315,474.00 1,868.75 0.00 2,587.50 718.75 0.00 0.00 0.00 718.75 718.75 3130ATS57 FHLB Note 4.5% Due 03/10/2028 Various Various 900,000.00 923,373.00 0.00 0.00 923,373.00 9,112.50 0.00 12,487.50 3,375.00 0.00 0.00 0.00 3,375.00 3,375.00 3135G05G4 FNMA Note 0.25% Due 07/10/2023 07/08/2020 07/10/2020 210,000.00 209,548.50 0.00 0.00 209,548.50 205.63 0.00 249.38 43.75 0.00 0.00 0.00 43.75 43.75 3135G06H1 FNMA Note 0.25% Due 11/27/2023 11/23/2020 11/25/2020 580,000.00 579,338.80 0.00 0.00 579,338.80 16.11 0.00 136.94 120.83 0.00 0.00 0.00 120.83 120.83 3135G0X24 FNMA Note 1.625% Due 01/07/2025 01/16/2020 01/17/2020 625,000.00 623,050.00 0.00 0.00 623,050.00 4,062.50 0.00 4,908.85 846.35 0.00 0.00 0.00 846.35 846.35 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 18 Page 209 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3137EAEP0 FHLMC Note 1.5% Due 02/12/2025 06/04/2020 06/05/2020 625,000.00 652,443.75 0.00 0.00 652,443.75 2,838.54 0.00 3,619.79 781.25 0.00 0.00 0.00 781.25 781.25 3137EAEX3 FHLMC Note 0.375% Due 09/23/2025 09/24/2020 09/25/2020 450,000.00 448,857.00 0.00 0.00 448,857.00 318.75 0.00 459.38 140.63 0.00 0.00 0.00 140.63 140.63 3137EAEY1 FHLMC Note 0.125% Due 10/16/2023 10/14/2020 10/16/2020 630,000.00 627,650.10 0.00 0.00 627,650.10 98.44 0.00 164.06 65.62 0.00 0.00 0.00 65.62 65.62 3137EAEZ8 FHLMC Note 0.25% Due 11/06/2023 11/17/2020 11/18/2020 650,000.00 649,467.00 0.00 0.00 649,467.00 112.85 0.00 248.26 135.41 0.00 0.00 0.00 135.41 135.41 3137FG6X8 FHLMC K077 A2 3.85% Due 05/25/2028 05/24/2023 05/30/2023 720,000.00 706,781.25 0.00 0.00 706,781.25 462.00 2,310.00 462.00 2,310.00 0.00 0.00 0.00 2,310.00 2,310.00 43813GAC5 Honda Auto Receivables Trust 2021-1 A3 0.27% Due 04/21/2025 02/17/2021 02/24/2021 32,345.72 36,166.64 0.00 3,821.50 32,345.14 2.71 8.14 2.43 7.86 0.00 0.00 0.00 7.86 7.86 43813KAC6 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 09/22/2020 09/29/2020 57,784.85 67,850.73 0.00 10,074.37 57,776.36 9.07 20.92 7.72 19.57 0.00 0.00 0.00 19.57 19.57 43813RAC1 Honda Auto Receivables 2020-1 A3 1.61% Due 04/22/2024 02/19/2020 02/26/2020 709.92 3,107.48 0.00 2,397.70 709.78 1.39 4.17 0.32 3.10 0.00 0.00 0.00 3.10 3.10 43815BAC4 Honda Auto Receivables Trust 2022-1 A3 1.88% Due 05/15/2026 02/15/2022 02/23/2022 195,000.00 194,970.67 0.00 0.00 194,970.67 162.93 305.50 162.93 305.50 0.00 0.00 0.00 305.50 305.50 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 19 Page 210 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 43815GAC3 Honda Auto Receivables Trust 2021-4 A3 0.88% Due 01/21/2026 11/16/2021 11/24/2021 120,000.00 119,974.70 0.00 0.00 119,974.70 29.33 88.00 29.33 88.00 0.00 0.00 0.00 88.00 88.00 438516CJ3 Honeywell Intl Callable Note Cont 01/15/2028 4.95% Due 02/15/2028 02/13/2023 02/15/2023 450,000.00 460,093.50 0.00 0.00 460,093.50 6,558.75 0.00 8,415.00 1,856.25 0.00 0.00 0.00 1,856.25 1,856.25 4581X0DZ8 Inter-American Dev Bank Note 0.5% Due 09/23/2024 09/15/2021 09/23/2021 505,000.00 504,626.30 0.00 0.00 504,626.30 476.94 0.00 687.36 210.42 0.00 0.00 0.00 210.42 210.42 459058GQ0 Intl. Bank Recon & Development Note 2.5% Due 03/19/2024 01/26/2021 01/28/2021 450,000.00 481,473.00 0.00 0.00 481,473.00 2,250.00 0.00 3,187.50 937.50 0.00 0.00 0.00 937.50 937.50 459058JM6 Intl. Bank Recon & Development Note 0.25% Due 11/24/2023 11/17/2020 11/24/2020 320,000.00 319,312.00 0.00 0.00 319,312.00 15.56 0.00 82.22 66.66 0.00 0.00 0.00 66.66 66.66 45950KCR9 International Finance Corp Note 1.375% Due 10/16/2024 07/12/2021 07/14/2021 300,000.00 308,070.00 0.00 0.00 308,070.00 515.63 0.00 859.38 343.75 0.00 0.00 0.00 343.75 343.75 46625HRY8 JP Morgan Chase Callable Note 1X 2/1/2027 3.782% Due 02/01/2028 06/13/2023 06/15/2023 450,000.00 0.00 426,834.00 0.00 426,834.00 0.00 (6,334.85) 7,091.25 756.40 0.00 0.00 0.00 756.40 756.40 47787JAC2 John Deere Owner Trust 2022-A A3 2.32% Due 09/16/2026 03/10/2022 03/16/2022 150,000.00 149,966.82 0.00 0.00 149,966.82 154.67 290.00 154.67 290.00 0.00 0.00 0.00 290.00 290.00 47787NAC3 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 07/14/2020 07/22/2020 6,926.78 9,085.18 0.00 2,159.45 6,925.73 2.06 3.86 1.57 3.37 0.00 0.00 0.00 3.37 3.37 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 20 Page 211 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 47788UAC6 John Deere Owner Trust 2021-A A3 0.36% Due 09/15/2025 03/02/2021 03/10/2021 64,987.52 69,571.35 0.00 4,596.32 64,975.03 11.13 20.88 10.40 20.15 0.00 0.00 0.00 20.15 20.15 47789KAC7 John Deere Owner Trust 2020-A A3 1.1% Due 08/15/2024 03/04/2020 03/11/2020 1,192.87 5,696.80 0.00 4,504.00 1,192.80 2.79 5.22 0.58 3.01 0.00 0.00 0.00 3.01 3.01 47789QAC4 John Deere Owner Trust 2021-B A3 0.52% Due 03/16/2026 07/13/2021 07/21/2021 116,825.99 123,841.51 0.00 7,025.94 116,815.57 28.62 53.67 27.00 52.05 0.00 0.00 0.00 52.05 52.05 47800AAC4 John Deere Owner Trust 2022-B A3 3.74% Due 02/16/2027 07/12/2022 07/20/2022 155,000.00 154,985.20 0.00 0.00 154,985.20 257.64 483.08 257.64 483.08 0.00 0.00 0.00 483.08 483.08 57636QAW4 MasterCard Inc Callable Note Cont 2/9/28 4.875% Due 03/09/2028 03/06/2023 03/09/2023 225,000.00 224,781.75 0.00 0.00 224,781.75 2,498.44 0.00 3,412.50 914.06 0.00 0.00 0.00 914.06 914.06 58769KAD6 Mercedes-Benz Auto Lease Trust 2021-B A3 0.4% Due 11/15/2024 06/22/2021 06/29/2021 104,168.69 118,311.43 0.00 14,150.61 104,160.82 21.03 39.44 18.52 36.93 0.00 0.00 0.00 36.93 36.93 58933YBH7 Merck & Co Callable Note Cont 4/17/2028 4.05% Due 05/17/2028 05/08/2023 05/17/2023 105,000.00 104,914.95 0.00 0.00 104,914.95 165.38 0.00 519.75 354.37 0.00 0.00 0.00 354.37 354.37 61747YET8 Morgan Stanley Callable Note Cont 7/17/2025 4.679% Due 07/17/2026 07/18/2022 07/20/2022 205,000.00 205,000.00 0.00 0.00 205,000.00 3,570.34 0.00 4,369.67 799.33 0.00 0.00 0.00 799.33 799.33 665859AW4 Northern Trust Company Callable Note Cont 4/10/2027 4% Due 05/10/2027 09/28/2022 09/30/2022 500,000.00 485,540.00 0.00 0.00 485,540.00 1,166.67 0.00 2,833.33 1,666.66 0.00 0.00 0.00 1,666.66 1,666.66 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 21 Page 212 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 69371RR40 Paccar Financial Corp Note 0.5% Due 08/09/2024 08/03/2021 08/09/2021 155,000.00 154,916.30 0.00 0.00 154,916.30 241.11 0.00 305.69 64.58 0.00 0.00 0.00 64.58 64.58 74340XCG4 Prologis LP Callable Note Cont 5/15/2028 4.875% Due 06/15/2028 06/26/2023 06/28/2023 115,000.00 0.00 114,297.35 0.00 114,297.35 0.00 0.00 46.72 46.72 0.00 0.00 0.00 46.72 46.72 78015K7H1 Royal Bank of Canada Note 1.15% Due 06/10/2025 11/16/2021 11/18/2021 500,000.00 496,035.00 0.00 0.00 496,035.00 2,731.25 2,875.00 335.42 479.17 0.00 0.00 0.00 479.17 479.17 79466LAG9 Salesforce.com Inc Callable Note Cont 7/15/2022 0.625% Due 07/15/2024 06/29/2021 07/12/2021 65,000.00 64,966.85 0.00 0.00 64,966.85 153.47 0.00 187.33 33.86 0.00 0.00 0.00 33.86 33.86 808513BN4 Charles Schwab Corp Callable Note Cont 2/18/2024 0.75% Due 03/18/2024 Various Various 485,000.00 487,196.50 0.00 0.00 487,196.50 737.60 0.00 1,040.73 303.13 0.00 0.00 0.00 303.13 303.13 808513BY0 Charles Schwab Corp Callable Note Cont 2/3/2027 2.45% Due 03/03/2027 03/01/2022 03/03/2022 80,000.00 79,913.60 0.00 0.00 79,913.60 479.11 0.00 642.44 163.33 0.00 0.00 0.00 163.33 163.33 857477BR3 State Street Bank Callable Note Cont 2/6/2025 1.746% Due 02/06/2026 02/02/2022 02/07/2022 125,000.00 125,000.00 0.00 0.00 125,000.00 697.19 0.00 879.06 181.87 0.00 0.00 0.00 181.87 181.87 87612EBM7 Target Corp Callable Note Cont 12/15/2026 1.95% Due 01/15/2027 01/19/2022 01/24/2022 215,000.00 214,634.50 0.00 0.00 214,634.50 1,583.83 0.00 1,933.21 349.38 0.00 0.00 0.00 349.38 349.38 89114TZG0 Toronto-Dominion Bank Note 1.25% Due 09/10/2026 11/17/2021 11/19/2021 500,000.00 489,720.00 0.00 0.00 489,720.00 1,406.25 0.00 1,927.08 520.83 0.00 0.00 0.00 520.83 520.83 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 22 Page 213 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 89232HAC9 Toyota Auto Receivable Own 2020-A A3 Due 05/15/2024 06/17/2020 06/19/2020 0.00 803.08 0.00 803.08 0.00 0.58 1.10 0.00 0.52 0.00 0.00 0.00 0.52 0.52 89236TFS9 Toyota Motor Credit Corp Note 3.35% Due 01/08/2024 05/20/2019 05/22/2019 400,000.00 411,444.00 0.00 0.00 411,444.00 5,322.78 0.00 6,439.44 1,116.66 0.00 0.00 0.00 1,116.66 1,116.66 89236XAC0 Toyota Auto Receivables 2020-D A3 0.35% Due 01/15/2025 10/06/2020 10/13/2020 20,014.14 24,379.64 0.00 4,369.23 20,010.41 3.79 7.11 3.11 6.43 0.00 0.00 0.00 6.43 6.43 89237VAB5 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 07/21/2020 07/27/2020 18,697.21 24,766.91 0.00 6,071.13 18,695.78 4.84 9.08 3.66 7.90 0.00 0.00 0.00 7.90 7.90 89240BAC2 Toyota Auto Receivables Owners 2021-A A3 0.26% Due 05/15/2025 02/02/2021 02/08/2021 117,027.70 130,289.85 0.00 13,283.86 117,005.99 15.06 28.23 13.52 26.69 0.00 0.00 0.00 26.69 26.69 91159HHX1 US Bancorp Callable Note Cont 6/28/2024 2.4% Due 07/30/2024 03/25/2021 03/29/2021 450,000.00 475,276.50 0.00 0.00 475,276.50 3,630.00 0.00 4,530.00 900.00 0.00 0.00 0.00 900.00 900.00 9128282A7 US Treasury Note 1.5% Due 08/15/2026 Various Various 1,000,000.00 1,019,062.50 0.00 0.00 1,019,062.50 4,392.26 0.00 5,635.36 1,243.10 0.00 0.00 0.00 1,243.10 1,243.10 9128284Z0 US Treasury Note 2.75% Due 08/31/2025 06/17/2021 06/18/2021 675,000.00 732,111.33 0.00 0.00 732,111.33 4,691.07 0.00 6,204.31 1,513.24 0.00 0.00 0.00 1,513.24 1,513.24 9128286L9 US Treasury Note 2.25% Due 03/31/2026 10/25/2021 10/26/2021 1,000,000.00 1,050,234.38 0.00 0.00 1,050,234.38 3,811.48 0.00 5,655.74 1,844.26 0.00 0.00 0.00 1,844.26 1,844.26 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 23 Page 214 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828P46 US Treasury Note 1.625% Due 02/15/2026 Various Various 1,300,000.00 1,303,801.76 0.00 0.00 1,303,801.76 6,185.77 0.00 7,936.47 1,750.70 0.00 0.00 0.00 1,750.70 1,750.70 912828R36 US Treasury Note 1.625% Due 05/15/2026 10/25/2021 10/26/2021 1,000,000.00 1,022,500.00 0.00 0.00 1,022,500.00 750.68 0.00 2,075.41 1,324.73 0.00 0.00 0.00 1,324.73 1,324.73 912828V98 US Treasury Note 2.25% Due 02/15/2027 03/29/2022 03/30/2022 360,000.00 355,387.50 0.00 0.00 355,387.50 2,371.82 0.00 3,043.09 671.27 0.00 0.00 0.00 671.27 671.27 912828ZT0 US Treasury Note 0.25% Due 05/31/2025 02/25/2021 02/26/2021 675,000.00 665,112.30 0.00 0.00 665,112.30 4.61 0.00 142.93 138.32 0.00 0.00 0.00 138.32 138.32 91282CAM3 US Treasury Note 0.25% Due 09/30/2025 Various Various 1,000,000.00 970,800.79 0.00 0.00 970,800.79 423.50 0.00 628.42 204.92 0.00 0.00 0.00 204.92 204.92 91282CAT8 US Treasury Note 0.25% Due 10/31/2025 11/29/2021 11/30/2021 650,000.00 629,535.16 0.00 0.00 629,535.16 141.30 0.00 273.78 132.48 0.00 0.00 0.00 132.48 132.48 91282CAZ4 US Treasury Note 0.375% Due 11/30/2025 Various Various 800,000.00 780,535.15 0.00 0.00 780,535.15 8.19 0.00 254.10 245.91 0.00 0.00 0.00 245.91 245.91 91282CBE0 US Treasury Note Due 01/15/2024 01/28/2021 01/29/2021 0.00 548,990.23 0.00 548,990.23 0.00 260.19 284.88 0.00 24.69 0.00 0.00 0.00 24.69 24.69 91282CBV2 US Treasury Note 0.375% Due 04/15/2024 04/29/2021 04/30/2021 650,000.00 650,583.98 0.00 0.00 650,583.98 313.01 0.00 512.81 199.80 0.00 0.00 0.00 199.80 199.80 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 24 Page 215 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 91282CCG4 US Treasury Note Due 06/15/2024 06/24/2021 06/25/2021 0.00 298,160.16 0.00 298,160.16 0.00 346.15 372.94 0.00 26.79 0.00 0.00 0.00 26.79 26.79 91282CCT6 US Treasury Note 0.375% Due 08/15/2024 12/15/2021 12/16/2021 800,000.00 789,000.00 0.00 0.00 789,000.00 878.45 0.00 1,127.07 248.62 0.00 0.00 0.00 248.62 248.62 91282CDG3 US Treasury Note 1.125% Due 10/31/2026 11/18/2021 11/19/2021 1,000,000.00 995,507.81 0.00 0.00 995,507.81 978.26 0.00 1,895.38 917.12 0.00 0.00 0.00 917.12 917.12 91282CDH1 US Treasury Note 0.75% Due 11/15/2024 11/29/2021 11/30/2021 650,000.00 648,324.22 0.00 0.00 648,324.22 225.20 0.00 622.62 397.42 0.00 0.00 0.00 397.42 397.42 91282CDK4 US Treasury Note 1.25% Due 11/30/2026 12/22/2021 12/23/2021 1,000,000.00 1,001,601.56 0.00 0.00 1,001,601.56 34.15 0.00 1,058.74 1,024.59 0.00 0.00 0.00 1,024.59 1,024.59 91282CEF4 US Treasury Note 2.5% Due 03/31/2027 05/25/2022 05/26/2022 690,000.00 682,722.66 0.00 0.00 682,722.66 2,922.13 0.00 4,336.07 1,413.94 0.00 0.00 0.00 1,413.94 1,413.94 91282CET4 US Treasury Note 2.625% Due 05/31/2027 06/21/2022 06/22/2022 850,000.00 820,847.66 0.00 0.00 820,847.66 60.96 0.00 1,889.86 1,828.90 0.00 0.00 0.00 1,828.90 1,828.90 91282CFB2 US Treasury Note 2.75% Due 07/31/2027 08/30/2022 08/31/2022 325,000.00 317,001.95 0.00 0.00 317,001.95 2,987.40 0.00 3,728.07 740.67 0.00 0.00 0.00 740.67 740.67 91282CFH9 US Treasury Note 3.125% Due 08/31/2027 10/05/2022 10/06/2022 125,000.00 120,214.84 0.00 0.00 120,214.84 987.18 0.00 1,305.62 318.44 0.00 0.00 0.00 318.44 318.44 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 25 Page 216 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 91282CFM8 US Treasury Note 4.125% Due 09/30/2027 Various Various 1,025,000.00 1,035,717.78 0.00 0.00 1,035,717.78 7,162.39 0.00 10,628.08 3,465.69 0.00 0.00 0.00 3,465.69 3,465.69 91282CFZ9 US Treasury Note 3.875% Due 11/30/2027 12/28/2022 12/29/2022 760,000.00 756,971.88 0.00 0.00 756,971.88 80.46 0.00 2,494.40 2,413.94 0.00 0.00 0.00 2,413.94 2,413.94 91282CGC9 US Treasury Note 3.875% Due 12/31/2027 01/24/2023 01/25/2023 1,000,000.00 1,012,890.63 0.00 0.00 1,012,890.63 16,270.72 19,375.00 105.30 3,209.58 0.00 0.00 0.00 3,209.58 3,209.58 91282CGT2 US Treasury Note 3.625% Due 03/31/2028 05/25/2023 05/26/2023 425,000.00 420,185.55 0.00 0.00 420,185.55 2,609.80 0.00 3,872.61 1,262.81 0.00 0.00 0.00 1,262.81 1,262.81 91282CHA2 US Treasury Note 3.5% Due 04/30/2028 06/13/2023 06/14/2023 450,000.00 0.00 441,105.47 0.00 441,105.47 0.00 (1,925.95) 2,653.53 727.58 0.00 0.00 0.00 727.58 727.58 91324PEC2 United Health Group Inc Callable Note Cont 4/15/2026 1.15% Due 05/15/2026 11/24/2021 11/29/2021 500,000.00 490,095.00 0.00 0.00 490,095.00 255.56 0.00 734.72 479.16 0.00 0.00 0.00 479.16 479.16 931142ER0 Wal-Mart Stores Callable Note Cont 08/17/2026 1.05% Due 09/17/2026 09/08/2021 09/17/2021 80,000.00 79,848.80 0.00 0.00 79,848.80 172.67 0.00 242.67 70.00 0.00 0.00 0.00 70.00 70.00 931142EW9 Wal-Mart Stores Note 3.9% Due 09/09/2025 09/06/2022 09/09/2022 95,000.00 94,933.50 0.00 0.00 94,933.50 843.92 0.00 1,152.67 308.75 0.00 0.00 0.00 308.75 308.75 931142EX7 Wal-Mart Stores Callable Note Cont 09/09/2027 3.95% Due 09/09/2027 10/05/2022 10/07/2022 350,000.00 341,393.50 0.00 0.00 341,393.50 3,149.03 0.00 4,301.11 1,152.08 0.00 0.00 0.00 1,152.08 1,152.08 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 26 Page 217 of 294 Income Earned As of June 30, 2023 City of National City CUSIP Security Description Trade Date Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income Total Fixed Income 37,603,617.09 37,648,033.82 982,236.82 941,443.67 37,688,826.97 145,865.09 35,637.97 168,634.34 58,407.22 0.00 0.00 0.00 58,407.22 58,407.22 CASH & EQUIVALENT 60934N807 Federated Investors Govt Oblig Fund Inst. Various Various 43,730.04 75,700.32 515,495.92 547,466.20 43,730.04 0.00 904.19 0.00 904.19 0.00 0.00 0.00 904.19 904.19 Total Cash & Equivalent 43,730.04 75,700.32 515,495.92 547,466.20 43,730.04 0.00 904.19 0.00 904.19 0.00 0.00 0.00 904.19 904.19 TOTAL PORTFOLIO 37,647,347.13 37,723,734.14 1,497,732.74 1,488,909.87 37,732,557.01 145,865.09 36,542.16 168,634.34 59,311.41 0.00 0.00 0.00 59,311.41 59,311.41 Execution Time: 7/4/2023 11:28:17 AMChandler Asset Management - CONFIDENTIAL Page 27 Page 218 of 294 Jun 2023 Page 219 of 294 PARTICIPANT CASH BALANCES County of San Diego Pooled Money Fund As of June 30, 2023 ($000) 4 * Footnote: The Oracle ending balances for these pool participants are under $500. Due to rounding, the FMV will show as zero even though there is an Oracle balance. FMV FMV FMV % of PARTICIPANT 04/30/23 05/31/23 06/30/23 Total Lakeside FPD 20,017 19,505 17,145 0.11% Leucadia Wastewater District 5 5 10 0.00% Lower Sweetwater FPD 729 537 550 0.00% Metropolitan Transit System 119,283 119,725 174,186 1.14% Mission Resource Conservation District 134 112 101 0.00% North County Transit District 35,122 35,252 40,044 0.26% North County Cemetery District 9,910 9,798 10,007 0.07% North County Dispatch 5,294 6,266 6,044 0.04% North County FPD 11,397 10,131 6,263 0.04% Otay Water District 14,917 14,972 14,948 0.10% Palomar Health 0 0 1 0.00% Pomerado Cemetery District 2,459 2,570 2,474 0.02% Public Agencies Self-Insurance System 3,494 3,507 3,500 0.02% Ramona Cemetery District 1,167 1,152 1,117 0.01% Rancho Santa Fe FPD 14,725 15,130 14,180 0.09% Resource Conservation District of Greater SD*0 0 0 0.00% Rincon del Diablo Municipal Water District 3,879 3,894 3,886 0.03% SANDAG 18,196 18,263 16,069 0.11% SD County Regional Airport Authority 289,719 292,582 279,859 1.84% San Diego Housing Commission 22,113 22,195 17,290 0.11% San Diego Geographic Information Source 375 581 506 0.00% San Diego Law Library 6,884 6,905 6,910 0.05% San Diego Local Agency Formation Comm 1,881 1,743 1,618 0.01% San Diego Regional Training Center 942 1,122 1,450 0.01% San Dieguito River Park 926 905 774 0.01% San Marcos FPD 1 1 1 0.00% San Miguel Consolidated FPD 31,141 29,795 27,751 0.18% Santa Fe Irrigation District 4,502 4,519 4,510 0.03% Upper San Luis Rey Resource Conserv Dist 14 14 15 0.00% Vallecitos Water District 5,530 5,550 5,540 0.04% Valley Center FPD 2,857 2,776 2,392 0.02% Valley Center Cemetery District 511 515 515 0.00% Valley Center Water District 21,133 20,563 25,987 0.17% Vista FPD 6,825 6,079 5,863 0.04% Whispering Palms Community Services District*0 0 0 0.00% Total Voluntary Participants 997,866 997,501 1,022,355 6.72% Pooled Money Fund Total $ 16,519,539 $ 15,912,925 $ 15,218,221 100.00% FMV FMV FMV % of PARTICIPANT 04/30/23 05/31/23 06/30/23 Total COUNTY 2,468,793 2,131,049 1,600,132 10.51% COUNTY - SPECIAL TRUST FUNDS 3,202,218 3,028,061 3,085,929 20.28% NON-COUNTY INVESTMENT FUNDS 127,339 129,529 124,404 0.82% SCHOOLS - (K THRU 12)8,131,669 8,041,930 7,750,784 50.93% COMMUNITY COLLEGES San Diego 234,666 231,889 234,100 1.54% Grossmont-Cuyamaca 373,364 363,308 348,490 2.29% MiraCosta 301,627 304,031 309,817 2.04% Palomar 303,219 311,059 372,106 2.46% Southwestern 378,777 374,567 370,103 2.43% Total Community Colleges 1,591,653 1,584,854 1,634,617 10.74% FIRST 5 COMMISSION 41,763 40,714 40,300 0.26% SDCERA 6,830 8,490 1,246 0.01% CITIES Chula Vista 28,677 28,784 28,751 0.19% Coronado 95,406 95,759 95,580 0.63% Del Mar 2,767 2,777 2,772 0.02% Encinitas 1,217 1,221 1,219 0.01% National City 36,301 36,435 36,367 0.24% Oceanside*0 0 0 0.00% Solana Beach*0 0 0 0.00% Vista 83 84 83 0.00% INDEPENDENT AGENCIES Air Pollution Control District 93,152 93,005 92,110 0.61% Alpine FPD 4,436 4,186 3,116 0.02% Bonita-Sunnyside FPD 7,377 6,919 6,986 0.05% Borrego Springs FPD 1,523 1,329 968 0.01% Canebrake County Water District 55 55 55 0.00% Deer Springs FPD 21,908 20,788 20,955 0.14% Grossmont Healthcare District 2 2 2 0.00% Julian-Cuyamaca FPD 0 0 0 0.00% Lake Cuyamaca Rec & Park District 287 288 335 0.00% Page 220 of 294 9/11/2023 Updated reporting for June 30, 2023 from County of San Diego Pool Page 221 of 294 Page 222 of 294 Page 223 of 294 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 July 05, 2023 LAIF Home PMIA Average Monthly Yields CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Tran Type Definitions 0.00 Beginning Balance:47,209,460.10 Account Number: June 2023 Statement Account Summary Total Deposit: Total Withdrawal:0.00 Ending Balance:47,209,460.10 Page 224 of 294 MALIA M. COHEN California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name NATIONAL CITY Account Number As of 07/14/2023, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 06/30/2023. Earnings Ratio .00008636172883763 Interest Rate 3.15% Dollar Day Total $4,292,354,346.54 Quarter End Principal Balance $47,209,460.10 Quarterly Interest Earned $370,695.14 Page 225 of 294 6/6/23, 2:20 PM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 June 06, 2023 LAIF Home PMIA Average Monthly Yields CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Tran Type Definitions 0.00 Beginning Balance:47,209,460.10 Account Number: May 2023 Statement Account Summary Total Deposit: Total Withdrawal:0.00 Ending Balance:47,209,460.10 Page 226 of 294 5/16/23, 3:33 PM LAIF Regular Monthly Statement https://laifms.treasurer.ca.gov/RegularStatement.aspx 1/1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 May 16, 2023 LAIF Home PMIA Average Monthly Yields CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Account Number: April 2023 Statement Tran Type Definitions Effective Date Transaction Date Tran Type Confirm Number Web Confirm Number Authorized Caller Amount 4/14/2023 4/13/2023 QRD 1728072 N/A SYSTEM 285,117.12 Account Summary Total Deposit:285,117.12 Beginning Balance:46,924,342.98 Total Withdrawal:0.00 Ending Balance:47,209,460.10 Page 227 of 294 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills 26,007,755,477.17$ 26,399,578,085.33$ 26,373,531,500.00$ NA Notes 86,519,529,543.76$ 86,509,828,710.82$ 84,164,502,000.00$ 284,909,808.50$ Federal Agency: SBA 304,224,258.70$ 304,224,258.70$ 303,681,095.57$ 1,346,489.58$ MBS-REMICs 2,861,107.99$ 2,861,107.99$2,796,239.71$ 12,733.34$ Debentures 8,945,771,764.62$ 8,944,151,139.64$ 8,759,821,400.00$ 55,422,809.00$ Debentures FR -$-$ -$-$ Debentures CL 1,700,000,000.00$ 1,700,000,000.00$ 1,647,748,000.00$ 10,856,492.50$ Discount Notes 24,944,635,104.19$ 25,263,483,034.62$ 25,266,731,500.00$ NA Supranational Debentures 2,922,770,687.63$ 2,922,770,687.63$ 2,850,780,700.00$ 18,059,340.40$ Supranational Debentures FR -$-$ -$-$ CDs and YCDs FR -$-$ -$-$ Bank Notes 200,000,000.00$ 200,000,000.00$ 199,864,525.38$ 4,632,083.33$ CDs and YCDs 13,200,000,000.00$ 13,200,000,000.00$ 13,189,091,719.79$ 224,912,305.57$ Commercial Paper 7,730,447,541.69$ 7,808,541,430.55$ 7,803,585,652.74$ NA Corporate: Bonds FR -$-$ -$-$ Bonds 463,858,804.42$ 463,789,526.64$ 438,964,830.00$ 3,327,576.53$ Repurchase Agreements -$-$ -$-$ Reverse Repurchase -$-$ -$-$ Time Deposits 5,082,000,000.00$ 5,082,000,000.00$ 5,082,000,000.00$ NA PMIA & GF Loans 358,954,000.00$ 358,954,000.00$ 358,954,000.00$ NA TOTAL 178,382,808,290.17$ 179,160,181,981.92$ 176,442,053,163.19$ 603,479,638.75$ Fair Value Including Accrued Interest 177,045,532,801.94$ Repurchase Agreements, Time Deposits, PMIA & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). The value of each participating dollar equals the fair value divided by the amortized cost (0.984828499). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,696,569.99 or $20,000,000.00 x 0.984828499. State of California Pooled Money Investment Account Market Valuation 6/30/2023 Page 228 of 294 Home ->> PMIA ->> PMIA Average Monthly Effective Yields PMIA Average Monthly Effective Yields Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1977 5.770 5.660 5.660 5.650 5.760 5.850 5.930 6.050 6.090 6.090 6.610 6.730 1978 6.920 7.050 7.140 7.270 7.386 7.569 7.652 7.821 7.871 8.110 8.286 8.769 1979 8.777 8.904 8.820 9.082 9.046 9.224 9.202 9.528 9.259 9.814 10.223 10.218 1980 10.980 11.251 11.490 11.480 12.017 11.798 10.206 9.870 9.945 10.056 10.426 10.961 1981 10.987 11.686 11.130 11.475 12.179 11.442 12.346 12.844 12.059 12.397 11.887 11.484 1982 11.683 12.044 11.835 11.773 12.270 11.994 12.235 11.909 11.151 11.111 10.704 10.401 1983 10.251 9.887 9.688 9.868 9.527 9.600 9.879 10.076 10.202 10.182 10.164 10.227 1984 10.312 10.280 10.382 10.594 10.843 11.119 11.355 11.557 11.597 11.681 11.474 11.024 1985 10.579 10.289 10.118 10.025 10.180 9.743 9.656 9.417 9.572 9.482 9.488 9.371 1986 9.252 9.090 8.958 8.621 8.369 8.225 8.141 7.844 7.512 7.586 7.432 7.439 1987 7.365 7.157 7.205 7.044 7.294 7.289 7.464 7.562 7.712 7.825 8.121 8.071 1988 8.078 8.050 7.945 7.940 7.815 7.929 8.089 8.245 8.341 8.397 8.467 8.563 1989 8.698 8.770 8.870 8.992 9.227 9.204 9.056 8.833 8.801 8.771 8.685 8.645 1990 8.571 8.538 8.506 8.497 8.531 8.538 8.517 8.382 8.333 8.321 8.269 8.279 1991 8.164 8.002 7.775 7.666 7.374 7.169 7.098 7.072 6.859 6.719 6.591 6.318 1992 6.122 5.863 5.680 5.692 5.379 5.323 5.235 4.958 4.760 4.730 4.659 4.647 1993 4.678 4.649 4.624 4.605 4.427 4.554 4.438 4.472 4.430 4.380 4.365 4.384 1994 4.359 4.176 4.248 4.333 4.434 4.623 4.823 4.989 5.106 5.243 5.380 5.528 1995 5.612 5.779 5.934 5.960 6.008 5.997 5.972 5.910 5.832 5.784 5.805 5.748 1996 5.698 5.643 5.557 5.538 5.502 5.548 5.587 5.566 5.601 5.601 5.599 5.574 1997 5.583 5.575 5.580 5.612 5.634 5.667 5.679 5.690 5.707 5.705 5.715 5.744 1998 5.742 5.720 5.680 5.672 5.673 5.671 5.652 5.652 5.639 5.557 5.492 5.374 1999 5.265 5.210 5.136 5.119 5.086 5.095 5.178 5.225 5.274 5.391 5.484 5.639 2000 5.760 5.824 5.851 6.014 6.190 6.349 6.443 6.505 6.502 6.517 6.538 6.535 2001 6.372 6.169 5.976 5.760 5.328 4.958 4.635 4.502 4.288 3.785 3.526 3.261 2002 3.068 2.967 2.861 2.845 2.740 2.687 2.714 2.594 2.604 2.487 2.301 2.201 2003 2.103 1.945 1.904 1.858 1.769 1.697 1.653 1.632 1.635 1.596 1.572 1.545 2004 1.528 1.440 1.474 1.445 1.426 1.469 1.604 1.672 1.771 1.890 2.003 2.134 2005 2.264 2.368 2.542 2.724 2.856 2.967 3.083 3.179 3.324 3.458 3.636 3.808 2006 3.955 4.043 4.142 4.305 4.563 4.700 4.849 4.946 5.023 5.098 5.125 5.129 2007 5.156 5.181 5.214 5.222 5.248 5.250 5.255 5.253 5.231 5.137 4.962 4.801 2008 4.620 4.161 3.777 3.400 3.072 2.894 2.787 2.779 2.774 2.709 2.568 2.353 2009 2.046 1.869 1.822 1.607 1.530 1.377 1.035 0.925 0.750 0.646 0.611 0.569 2010 0.558 0.577 0.547 0.588 0.560 0.528 0.531 0.513 0.500 0.480 0.454 0.462 2011 0.538 0.512 0.500 0.588 0.413 0.448 0.381 0.408 0.378 0.385 0.401 0.382 2012 0.385 0.389 0.383 0.367 0.363 0.358 0.363 0.377 0.348 0.340 0.324 0.326 2013 0.300 0.286 0.285 0.264 0.245 0.244 0.267 0.271 0.257 0.266 0.263 0.264 2014 0.244 0.236 0.236 0.233 0.228 0.228 0.244 0.260 0.246 0.261 0.261 0.267 2015 0.262 0.266 0.278 0.283 0.290 0.299 0.320 0.330 0.337 0.357 0.374 0.400 2016 0.446 0.467 0.506 0.525 0.552 0.576 0.588 0.614 0.634 0.654 0.678 0.719 2017 0.751 0.777 0.821 0.884 0.925 0.978 1.051 1.084 1.111 1.143 1.172 1.239 2018 1.350 1.412 1.524 1.661 1.755 1.854 1.944 1.998 2.063 2.144 2.208 2.291 2019 2.355 2.392 2.436 2.445 2.449 2.428 2.379 2.341 2.280 2.190 2.103 2.043 2020 1.967 1.912 1.787 1.648 1.363 1.217 0.920 0.784 0.685 0.620 0.576 0.540 Home | Open Government | Careers | Contact | Calendar Home PMIA Home Contacts Time Deposits LAIF Search Page 229 of 294 Home | Comments | Disclosure Notice | Privacy Notice | Accessibility Statement | Unclaimed Property | Site Map | Download Adobe Reader © 2023 California State Treasurer's Office Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2021 0.458 0.407 0.357 0.339 0.315 0.262 0.221 0.221 0.206 0.203 0.203 0.212 2022 0.234 0.278 0.365 0.523 0.684 0.861 1.090 1.276 1.513 1.772 2.007 2.173 2023 2.425 2.624 2.831 2.870 2.993 3.167 Page 230 of 294 AGENDA REPORT Department: Finance Prepared by: Kecia Carrasco, Accountant Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Investment transactions for the month ended July 31, 2023. RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended July 31, 2023. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City’s investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City’s investment portfolio for the month ending July 31, 2023. FINANCIAL STATEMENT: In this period, there were acquisitions of $2,070,174.11 and dispositions of $2,035,830.13. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBIT: Exhibit A – Investment Transaction Ledger Page 231 of 294 City of National City MONTHLY ACCOUNT STATEMENT JULY 1, 2023 THROUGH JULY 31, 2023 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. CHANDLER ASSET MANAGEMENT chandlerasset.com Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 Page 232 of 294 Transaction Ledger As of July 31, 2023 City of National City Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/05/2023 60934N807 394.72 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%394.72 0.00 394.72 0.00 Purchase 07/07/2023 60934N807 5,078.13 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%5,078.13 0.00 5,078.13 0.00 Purchase 07/08/2023 60934N807 6,700.00 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%6,700.00 0.00 6,700.00 0.00 Purchase 07/10/2023 60934N807 7,162.50 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%7,162.50 0.00 7,162.50 0.00 Purchase 07/10/2023 60934N807 210,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%210,000.00 0.00 210,000.00 0.00 Purchase 07/11/2023 60934N807 621,353.34 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%621,353.34 0.00 621,353.34 0.00 Purchase 07/13/2023 3137FETN0 190,000.00 FHLMC K073 A2 3.35% Due 1/25/2028 94.680 4.75%179,891.41 212.17 180,103.58 0.00 Purchase 07/13/2023 3137FGZT5 300,000.00 FHLMC K079 A2 3.926% Due 6/25/2028 96.777 4.66%290,332.03 392.60 290,724.63 0.00 Purchase 07/13/2023 45950KDD9 330,000.00 International Finance Corp Note 4.5% Due 7/13/2028 99.889 4.53%329,633.70 0.00 329,633.70 0.00 Purchase 07/14/2023 3130AWN63 720,000.00 FHLB Note 4% Due 6/30/2028 99.734 4.06%718,084.80 0.00 718,084.80 0.00 Purchase 07/14/2023 60934N807 639,783.44 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%639,783.44 0.00 639,783.44 0.00 Purchase 07/15/2023 60934N807 2,299.38 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%2,299.38 0.00 2,299.38 0.00 Purchase 07/17/2023 60934N807 5,414.73 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%5,414.73 0.00 5,414.73 0.00 Purchase 07/17/2023 60934N807 483.08 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%483.08 0.00 483.08 0.00 Purchase 07/17/2023 60934N807 290.00 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%290.00 0.00 290.00 0.00 Purchase 07/17/2023 60934N807 305.50 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%305.50 0.00 305.50 0.00 Execution Time: 8/2/2023 1:27:08 AMChandler Asset Management - CONFIDENTIAL Page 12 Page 233 of 294 Transaction Ledger As of July 31, 2023 City of National City Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/17/2023 60934N807 1,667.32 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%1,667.32 0.00 1,667.32 0.00 Purchase 07/17/2023 60934N807 4,164.60 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%4,164.60 0.00 4,164.60 0.00 Purchase 07/17/2023 60934N807 5,230.34 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%5,230.34 0.00 5,230.34 0.00 Purchase 07/17/2023 60934N807 15,510.87 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%15,510.87 0.00 15,510.87 0.00 Purchase 07/17/2023 60934N807 3,978.01 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%3,978.01 0.00 3,978.01 0.00 Purchase 07/17/2023 60934N807 5,659.00 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%5,659.00 0.00 5,659.00 0.00 Purchase 07/17/2023 60934N807 12,607.56 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%12,607.56 0.00 12,607.56 0.00 Purchase 07/17/2023 60934N807 1,193.98 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%1,193.98 0.00 1,193.98 0.00 Purchase 07/18/2023 60934N807 9,894.29 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%9,894.29 0.00 9,894.29 0.00 Purchase 07/21/2023 60934N807 3,502.81 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%3,502.81 0.00 3,502.81 0.00 Purchase 07/21/2023 60934N807 710.86 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%710.86 0.00 710.86 0.00 Purchase 07/21/2023 60934N807 3,099.72 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%3,099.72 0.00 3,099.72 0.00 Purchase 07/25/2023 60934N807 2,310.00 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%2,310.00 0.00 2,310.00 0.00 Purchase 07/25/2023 60934N807 11,570.40 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%11,570.40 0.00 11,570.40 0.00 Purchase 07/25/2023 60934N807 9,112.57 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%9,112.57 0.00 9,112.57 0.00 Purchase 07/30/2023 60934N807 5,400.00 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%5,400.00 0.00 5,400.00 0.00 Execution Time: 8/2/2023 1:27:08 AMChandler Asset Management - CONFIDENTIAL Page 13 Page 234 of 294 Transaction Ledger As of July 31, 2023 City of National City Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/31/2023 60934N807 4,468.75 Federated Investors Govt Oblig Fund Inst. 1.000 4.89%4,468.75 0.00 4,468.75 0.00 Subtotal 3,139,345.90 3,117,287.84 604.77 3,117,892.61 0.00 Short Sale 07/13/2023 60934N807 -329,633.70 Federated Investors Govt Oblig Fund Inst. 1.000 -329,633.70 0.00 -329,633.70 0.00 Short Sale 07/14/2023 60934N807 -718,084.80 Federated Investors Govt Oblig Fund Inst. 1.000 -718,084.80 0.00 -718,084.80 0.00 Subtotal -1,047,718.50 -1,047,718.50 0.00 -1,047,718.50 0.00 TOTAL ACQUISITIONS 2,091,627.40 2,069,569.34 604.77 2,070,174.11 0.00 DISPOSITIONS Closing Purchase 07/13/2023 60934N807 -329,633.70 Federated Investors Govt Oblig Fund Inst. 1.000 -329,633.70 0.00 -329,633.70 0.00 Closing Purchase 07/14/2023 60934N807 -718,084.80 Federated Investors Govt Oblig Fund Inst. 1.000 -718,084.80 0.00 -718,084.80 0.00 Subtotal -1,047,718.50 -1,047,718.50 0.00 -1,047,718.50 0.00 Sale 07/11/2023 3137EAEY1 630,000.00 FHLMC Note 0.125% Due 10/16/2023 98.598 5.51%621,167.40 185.94 621,353.34 -6,482.70 Sale 07/13/2023 60934N807 470,828.21 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%470,828.21 0.00 470,828.21 0.00 Sale 07/13/2023 60934N807 329,633.70 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%329,633.70 0.00 329,633.70 0.00 Sale 07/14/2023 3137EAEZ8 650,000.00 FHLMC Note 0.25% Due 11/6/2023 98.381 5.54%639,476.50 306.94 639,783.44 -9,990.50 Sale 07/14/2023 60934N807 718,084.80 Federated Investors Govt Oblig Fund Inst. 1.000 4.70%718,084.80 0.00 718,084.80 0.00 Subtotal 2,798,546.71 2,779,190.61 492.88 2,779,683.49 -16,473.20 Paydown 07/17/2023 43815BAC4 0.00 Honda Auto Receivables Trust 2022-1 A3 1.88% Due 5/15/2026 100.000 0.00 305.50 305.50 0.00 Execution Time: 8/2/2023 1:27:08 AMChandler Asset Management - CONFIDENTIAL Page 14 Page 235 of 294 Transaction Ledger As of July 31, 2023 City of National City Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 07/17/2023 47787JAC2 0.00 John Deere Owner Trust 2022-A A3 2.32% Due 9/16/2026 100.000 0.00 290.00 290.00 0.00 Paydown 07/17/2023 47787NAC3 1,664.38 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 100.000 1,664.38 2.94 1,667.32 0.25 Paydown 07/17/2023 47788UAC6 4,145.10 John Deere Owner Trust 2021-A A3 0.36% Due 9/15/2025 100.000 4,145.10 19.50 4,164.60 0.80 Paydown 07/17/2023 47789KAC7 1,192.87 John Deere Owner Trust 2020-A A3 1.1% Due 8/15/2024 100.000 1,192.87 1.11 1,193.98 0.07 Paydown 07/17/2023 47789QAC4 5,179.72 John Deere Owner Trust 2021-B A3 0.52% Due 3/16/2026 100.000 5,179.72 50.62 5,230.34 0.46 Paydown 07/17/2023 47800AAC4 0.00 John Deere Owner Trust 2022-B A3 3.74% Due 2/16/2027 100.000 0.00 483.08 483.08 0.00 Paydown 07/17/2023 58769KAD6 15,476.15 Mercedes-Benz Auto Lease Trust 2021- B A3 0.4% Due 11/15/2024 100.000 15,476.15 34.72 15,510.87 1.17 Paydown 07/17/2023 89236XAC0 3,972.17 Toyota Auto Receivables 2020-D A3 0.35% Due 1/15/2025 100.000 3,972.17 5.84 3,978.01 0.74 Paydown 07/17/2023 89237VAB5 5,652.14 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 100.000 5,652.14 6.86 5,659.00 0.43 Paydown 07/17/2023 89240BAC2 12,582.20 Toyota Auto Receivables Owners 2021- A A3 0.26% Due 5/15/2025 100.000 12,582.20 25.36 12,607.56 2.33 Paydown 07/18/2023 43813KAC6 9,876.47 Honda Auto Receivables Trust 2020-3 A3 0.37% Due 10/18/2024 100.000 9,876.47 17.82 9,894.29 1.45 Paydown 07/21/2023 43813GAC5 3,495.53 Honda Auto Receivables Trust 2021-1 A3 0.27% Due 4/21/2025 100.000 3,495.53 7.28 3,502.81 0.06 Paydown 07/21/2023 43813RAC1 709.92 Honda Auto Receivables 2020-1 A3 1.61% Due 4/22/2024 100.000 709.92 0.94 710.86 0.14 Paydown 07/21/2023 43815GAC3 3,011.72 Honda Auto Receivables Trust 2021-4 A3 0.88% Due 1/21/2026 100.000 3,011.72 88.00 3,099.72 0.63 Execution Time: 8/2/2023 1:27:08 AMChandler Asset Management - CONFIDENTIAL Page 15 Page 236 of 294 Transaction Ledger As of July 31, 2023 City of National City Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 07/25/2023 05601XAC3 11,480.52 BMW Vehicle Lease Trust 2022-1 A3 1.1% Due 3/25/2025 100.000 11,480.52 89.88 11,570.40 1.72 Paydown 07/25/2023 09690AAC7 9,100.23 BMW Vehicle Lease Trust 2021-2 A3 0.33% Due 12/26/2024 100.000 9,100.23 12.34 9,112.57 0.94 Paydown 07/25/2023 3137FG6X8 0.00 FHLMC K077 A2 3.85% Due 5/25/2028 100.000 0.00 2,310.00 2,310.00 0.00 Subtotal 87,539.12 87,539.12 3,751.79 91,290.91 11.19 Maturity 07/10/2023 3135G05G4 210,000.00 FNMA Note 0.25% Due 7/10/2023 100.000 210,000.00 0.00 210,000.00 451.50 Subtotal 210,000.00 210,000.00 0.00 210,000.00 451.50 Security Withdrawal 07/07/2023 60934N807 2,574.23 Federated Investors Govt Oblig Fund Inst. 1.000 2,574.23 0.00 2,574.23 0.00 Subtotal 2,574.23 2,574.23 0.00 2,574.23 0.00 TOTAL DISPOSITIONS 2,050,941.56 2,031,585.46 4,244.67 2,035,830.13 -16,010.51 OTHER TRANSACTIONS Interest 07/07/2023 3135G0X24 625,000.00 FNMA Note 1.625% Due 1/7/2025 0.000 5,078.13 0.00 5,078.13 0.00 Interest 07/08/2023 89236TFS9 400,000.00 Toyota Motor Credit Corp Note 3.35% Due 1/8/2024 0.000 6,700.00 0.00 6,700.00 0.00 Interest 07/10/2023 24422EUR8 400,000.00 John Deere Capital Corp Note 3.45% Due 1/10/2024 0.000 6,900.00 0.00 6,900.00 0.00 Interest 07/10/2023 3135G05G4 210,000.00 FNMA Note 0.25% Due 7/10/2023 0.000 262.50 0.00 262.50 0.00 Interest 07/15/2023 79466LAG9 65,000.00 Salesforce.com Inc Callable Note Cont 7/15/2022 0.625% Due 7/15/2024 0.000 203.13 0.00 203.13 0.00 Interest 07/15/2023 87612EBM7 215,000.00 Target Corp Callable Note Cont 12/15/2026 1.95% Due 1/15/2027 0.000 2,096.25 0.00 2,096.25 0.00 Execution Time: 8/2/2023 1:27:08 AMChandler Asset Management - CONFIDENTIAL Page 16 Page 237 of 294 Transaction Ledger As of July 31, 2023 City of National City Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 07/17/2023 24422EVN6 275,000.00 John Deere Capital Corp Note 0.45% Due 1/17/2024 0.000 618.75 0.00 618.75 0.00 Interest 07/17/2023 61747YET8 205,000.00 Morgan Stanley Callable Note Cont 7/17/2025 4.679% Due 7/17/2026 0.000 4,795.98 0.00 4,795.98 0.00 Interest 07/30/2023 91159HHX1 450,000.00 US Bancorp Callable Note Cont 6/28/2024 2.4% Due 7/30/2024 0.000 5,400.00 0.00 5,400.00 0.00 Interest 07/31/2023 91282CFB2 325,000.00 US Treasury Note 2.75% Due 7/31/2027 0.000 4,468.75 0.00 4,468.75 0.00 Subtotal 3,170,000.00 36,523.49 0.00 36,523.49 0.00 Dividend 07/05/2023 60934N807 43,730.04 Federated Investors Govt Oblig Fund Inst. 0.000 394.72 0.00 394.72 0.00 Subtotal 43,730.04 394.72 0.00 394.72 0.00 TOTAL OTHER TRANSACTIONS 3,213,730.04 36,918.21 0.00 36,918.21 0.00 Execution Time: 8/2/2023 1:27:08 AMChandler Asset Management - CONFIDENTIAL Page 17 Page 238 of 294 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Warrant Register #3 for the period of 7/14/23 through 7/20/23 in the amount of $1,484,995.15. RECOMMENDATION: Ratify Warrants Totaling $ 1,484,995.15 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 7/14/23 – 7/20/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of Chula Vista 364353 $96,851.00 4th Qtr Animal Care Facility SDG&E 364395 $198,930.84 Gas & Electric Utilities for Streets NV5 Inc 364383 $278,454.47 Plan Check Svcs – Utility – Crown Castle Project Professionals 364388 $55,447.60 CIP SB1 Street Resurfacing – Eng/PW Bureau Veritas 364348 $68,295.34 Inspections / Plan Review SBCS Corp 364349 $70,355.00 Home Agreement: TBRA VI WSP USA Inc 364418 $53,176.14 Focused General Plan Update Public Emp Ret 230720 $329,521.33 Service Period 6/27/23 – 7/10/23 Adminsure Inc 5057 $63,147.31 WC Replenishment - July FINANCIAL STATEMENT: Warrant total $ 1,484,995.15 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 - Warrant Register No 3 Page 239 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT Council STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES / MAYOR 364405 7/20/23 138.66 T'S & SIGNS INC CM JOSE RODRIGUEZ APPAREL 364410 7/20/23 1,010.32 Total for Department 1,148.98 City Attorney BURKE WILLIAMS & SORENSEN LLP LEGAL SERVICES 364349 7/20/23 8,150.80 MEYERS, NAVE, RIBACK, SILVER LEGAL SERVICES 364379 7/20/23 5,080.00 Total for Department 13,230.80 CMO COUNTY OF SAN DIEGO MAIL POSTAGE BILING 364355 7/20/23 2,630.62 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICE - PORT OF SAN DIEGO - SURP 364363 7/20/23 5,100.00 GARCIA REIMBURSEMENT - PEDRO GARCIA - CULTURE C 364369 7/20/23 106.95 NATIONAL CITY HOST LIONS CLUB 4TH OF JULY CARNIVAL FIREWORKS - JUNE 3 364381 7/20/23 7,750.00 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23- CMO 364405 7/20/23 351.17 Total for Department 15,938.74 Police ACE UNIFORMS & ACCESSORIES INC POLICE OFFICER GEAR 364342 7/20/23 132.31 CALIFORNIA POLICE CHIEFS ASSOC CALIFORNIA POLICE CHIEFS' ASSN 364350 7/20/23 1,945.00 CITY OF CHULA VISTA 4TH QUARTER ANIMAL CARE FACILITY 364353 7/20/23 96,851.00 PC SPECIALISTS INC ANKER USB HUB ETHERNET CABLE 364386 7/20/23 147.36 S D COUNTY SHERIFF'S DEPT JUNE TRAINING SHOOT 364390 7/20/23 600.00 SAN DIEGO POLICE EQUIPMENT BALLISTIC VESTS FERNANDO / HERNANDEZ 364391 7/20/23 1,672.58 SANDAG 4TH QUARTER ARJIS PHONE USAGE 364392 7/20/23 9,422.90 SPIDR TECH INC SPIDR REVEWAL 364404 7/20/23 10,000.00 VCA EMERGENCY ANIMAL HOSPITAL STRAY ANIMAL CARE ADDT INV 5784632002 364413 7/20/23 2,113.04 DALLAS CHILDREN'S TRAINING TUITION CACC 364357 7/20/23 825.00 STINNETT TRAINING ADV SUB CRMS AGNST CHILDRN 364406 7/20/23 1,234.44 TACTICAL FIREARMS TRAINING TRAINING FRARMS INSTRCTR 364407 7/20/23 750.00 MENDIOLA GROUP CRISIS INTERVENTION BASIC CISM - 364378 7/20/23 581.52 Total for Department 126,275.15 Engineering / PW's ACME SAFETY & SUPPLY CORP VINYL REFL ROLL UP SIGN FY23-PW/PARKS 364343 7/20/23 620.64 AIRGAS USA LLC MOP 45714 GENERAL SUPPLIES FY23-PW/SEWER 364345 7/20/23 299.91 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES FY23-PW/STREE 364367 7/20/23 1,065.46 GRAINGER MOP 65179 GENERAL SUPPLIES FY23-PW/FACIL 364370 7/20/23 756.35 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT FY23-PW/EQM 364371 7/20/23 587.25 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDING 364375 7/20/23 973.12 HUNTER'S NURSERY INC MOP 45719 LANDSCAPE SUPPLIES FY23-PW/PAR 364376 7/20/23 202.19 INLAND KENWORTH INC AUTO PARTS AND REPAIR FY23-PW/EQM 364377 7/20/23 1,491.31 WARRANT REGISTER # 3 7/20/2023 1/4Page 240 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 3 7/20/2023 PACIFIC PRODUCTS & SERVICES STREET SIGN SUPPLIES FY23-PW/STREETS 364384 7/20/23 1,362.09 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL, FY23-PW/EQM 364385 7/20/23 1,174.88 PRO BUILD COMPANY MOP 45742 GENERAL SUPPLIES FY23-PW/FACIL 364387 7/20/23 5,501.56 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY23-PW/STREE 364389 7/20/23 387.43 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 2 364395 7/20/23 198,930.84 SEDANO FORD OF LM, INC. AUTO SUPPLIES FY23-PW/EQM 364397 7/20/23 157.54 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES FY23-PW/FAC 364400 7/20/23 76.83 SPEEDPRO IMAGING AUTO REPAIRS FY23-PW/EQM 364403 7/20/23 293.85 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23-PW/ENG 364405 7/20/23 1,625.38 TERMINIX INTERNATIONAL CITY OWNED FACILITIES ONGOING PEST FY23- 364408 7/20/23 1,364.00 TURF STAR INC LANDSCAPE SUPPLIES FY23-PW/PARKS 364411 7/20/23 259.88 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES FY23-PW/FACI 364412 7/20/23 219.98 WESTFLEX INDUSTRIAL MOP 63850 GENERAL SUPPLIES FY23-PW/SEWER 364415 7/20/23 561.86 WETMORES AUTO SUPPLIES FY23-PW/EQM 364416 7/20/23 3,712.87 CWEA SAN DIEGO CWEA SDS ENCINA WATER POLLUTION TOUR 364356 7/20/23 45.00 VILLARREAL BOND REFUND REF#90629 - FVILLARREAL 364423 7/20/23 10,000.00 CHEN RYAN ASSOCIATES INC CIP 21-25 W 19TH STREET GREENWAY - ENG/P 364352 7/20/23 23,982.00 D-MAX ENGINEERING INC CIP 21-28 PARADISE CREEK WETLAND PARK S 364365 7/20/23 399.02 D-MAX ENGINEERING INC T&A 90617 CIVIC CENTER DRIVE - 837 W 19T 364366 7/20/23 177.85 HDR ENGINEERING, INC. CIP 19-11 PARADISE CREEK AT PLAZA PHASE 364373 7/20/23 1,215.00 NV5 INC PLAN CHECK SERVICES- UTILITY - CROWN CASTLE 364383 7/20/23 278,454.47 PROJECT PROFESSIONALS CORP CIP 22-19 SB 1 STREET RESURFACING - ENG/PW 364388 7/20/23 55,447.60 Total for Department 591,346.16 NSD ACE UNIFORMS & ACCESSORIES INC UNIFORMS / NSD 364342 7/20/23 156.42 BOOT WORLD MOP 64096 BOOT WORLD / NSD 364347 7/20/23 411.00 MTS MTS FLAGGING SERVICES / NSD 364380 7/20/23 183.96 Total for Department 751.38 Risk DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364358 7/20/23 7,488.50 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364359 7/20/23 3,344.44 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364360 7/20/23 1,710.75 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364361 7/20/23 507.36 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 364362 7/20/23 410.63 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23- RISK 364405 7/20/23 84.43 Total for Department 13,546.11 Planning / Building BUREAU VERITAS N AMERICA INC INSPECTIONS / PLAN REVIEW 364348 7/20/23 68,295.34 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23- PLANNING 364405 7/20/23 402.36 Total for Department 68,697.70 2/4Page 241 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 3 7/20/2023 Finance FEDEX 20 ACRF COVER AND TABS DIVIDERS 364334 7/17/23 191.18 ALLIANT INSURANCE SERVICES INC RSWA - COMMERCIAL CRIME 364346 7/20/23 2,735.00 COUNTY OF SAN DIEGO RSWA - UNIFIED PROGRAM FACILITY PERMIT - 364354 7/20/23 5,468.00 FIT TO WORK INC ERGONOMIC EVALUTATION & REPORT 364368 7/20/23 360.00 HAMLYN WILLIAMS INC TEMP SERVICES FOR CLEGG, ONNA 04 JUNE 20 364372 7/20/23 688.00 HINDERLITER DE LLAMAS CONTRACT SERVICES PROPERTY TAX APRIL -JUNE 364374 7/20/23 3,540.25 SASI DEBIT CARD CHGS 06/01/23-06/30/23 DEBIT 364393 7/20/23 92.60 SECURITY SYSTEMS, INC RSWA PYMT FOR SECURITY SYSTEM 7/1/23 - 6/30/24 364396 7/20/23 2,448.00 SOLANA CENTER RSWA- SB 1383 COMPLIANCE SUPPORT SVS 364402 7/20/23 18,265.04 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23- FINANCE 364405 7/20/23 479.49 THE PUN GROUP LLP GASB STATEMENT 87 LEASES 364409 7/20/23 26,700.00 VISION SERVICE PLAN JULY 2023 VISION SERVICE PLAN 364414 7/20/23 1,211.72 WOODRUFF & SMART RSWA - GENERAL MANAGER MONTLY INVOICE 364417 7/20/23 6,500.00 DEPARTMENT OF JUSTICE DOJ APRIL FINGERPRINT NEW EMPLOYEE 364420 7/20/23 194.00 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST APRIL 364421 7/20/23 3.00 MORRISON RSWA REIMBURSEMENT OF TRAVEL COST 364422 7/20/23 1,478.86 WOODRUFF & SMART RSWA - LEGAL SERVICES IN EXCESS 364424 7/20/23 10,193.60 Total for Department 80,548.74 Community Services/Nutrition/Library CASTILLO RFW FAMILY CRUISE EVENT 364351 7/20/23 1,150.00 SMART & FINAL MOP 45756 AGE FRIENDLY SENIOR SATURDAYS 364401 7/20/23 206.27 4 IMPRINT INC 4IMPRINT/PARKS PASS GRANT/FY23 364341 7/20/23 1,611.60 SIRSIDYNIX SIRSI DYNIX/PROJECT MGMT/DATE SERVICES/F 364399 7/20/23 2,240.00 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23- LIBRARY 364405 7/20/23 776.49 Total for Department 5,984.36 Fire AZTEC TECHNOLOGY CORP 20FT ONE TRIP BEIGE CONTAINER / FIRE 364335 7/18/23 11,685.18 GMES, LLC ADVANCE 5 PIECE HOIST SYSTEM / FIRE 364337 7/18/23 13,804.09 ESGIL LLC PLAN CHECKS FOR FIRE DEPT, FY 2023 364336 7/18/23 2,328.30 HOME DEPOT CREDIT SERVICES 10320001833888, 10320001844984/BLUM CLIP 364338 7/18/23 295.67 PRUDENTIAL OVERALL SUPPLY MOP #45742, 18X18 PURPLE SHOP TOWEL/FIRE 364339 7/18/23 25.00 SMART & FINAL MOP #45756 GATORADE LEMON LIME /FIRE 364340 7/18/23 189.24 DISCOUNT SIGNS & BANNERS DECALS, STRUCTURE HELMET NAME, 1-INCH/FI 364364 7/20/23 113.74 PRO BUILD COMPANY MOP 45742 GENERAL SUPPLIES FY23- FIRE 364387 7/20/23 5.67 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY23- FIRE 364389 7/20/23 25.00 SHINE SUPPLY HOT SHOT GALLON /FIRE 364398 7/20/23 938.30 Total for Department 29,410.19 Human Resources ADMINSURE INC WORKERS' COMPENSATION CLAIMS - JULY 364344 7/20/23 8,353.00 3/4Page 242 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 3 7/20/2023 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY23- HR 364405 7/20/23 363.82 Total for Department 8,716.82 Housing / Section 8 SBCS CORPORATION HOME AGREEMENT: TBRA VI AGREEMENT IN 364394 7/20/23 70,355.00 WSP USA INC FOCUSED GENERAL PLAN UPDATE TO INCLUDE 364418 7/20/23 53,176.14 WSP USA INC NC BICYCLE MASTER PLAN UPDATE~ 364419 7/20/23 335.18 Total for Department 123,866.32 A/P Warrant Total 1,079,461.45 WIRED PAYMENTS CMO U S BANK CREDIT CARD PAYMENT / CMO 426592 7/20/23 142.83 Finance PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 06/27/2023 - 07/10/2023 230720 7/20/23 329,521.33 PUBLIC EMP RETIREMENT SYSTEM 1000001336 - KAISER FOUNDATION PERMANENT 773702 7/18/23 300.00 MIS ADMINSURE INC WC REPLENISHMENT - JULY 5057 7/17/23 63,147.31 PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - JULY 437511 7/14/23 660.71 Fire U S BANK CREDIT CARD PAYMENT FOR M LUCAS/FIRE 426592 7/20/23 417.87 SECTION 8 HAPS Start Date End Date 7/14/2023 7/20/2023 11,343.65 GRAND TOTAL 1,484,995.15 4/4Page 243 of 294 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Warrant Register #4 for the period of 7/21/23 through 7/27/23 in the amount of $2,907,856.44. RECOMMENDATION: Ratify Warrants Totaling $ 2,907,856.44. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 7/21/23 – 7/27/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SDG&E 364583 $79,065.72 Gas & Electric for Facilities Ca Commercial Pool 364538 $122,663.76 CIP Las Palmas Renovation E&H General 364550 $129,850.53 CIP MLK Community Center National Auto 364569 $379,600.66 2023 Ford Police Interceptor Project Professionals 364578 $76,953.88 CIP Sewer Upsizing Phase II Health Net Inc 364559 $72,226.77 Grp# R1192A – August 2023 Kaiser HP 364565 $240,729.23 Group# 104220 – August 2023 FINANCIAL STATEMENT: Warrant total $ 2,907,856.44. 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 - Warrant Register No 4 Page 244 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT Mayor T'S & SIGNS INC SISTER CITIES MEMORABILLIAS / MAYOR 364594 7/27/23 837.38 STAPLES BUSINESS ADVANTAGE MOP#45704 - OFFICE SUPPLIES - RON MORRISON 364587 7/27/23 849.42 Total for Department 1,686.80 City Attorney COLANTUONO HIGHSMITH LEGAL SERVICES 364544 7/27/23 3,635.00 THOMSON REUTERS WEST SUBSCRIPTIONS 364593 7/27/23 607.47 STAPLES BUSINESS ADVANTAGE MOP#45704 - OFFICE SUPPLIES - CAO 364587 7/27/23 804.72 Total for Department 5,047.19 CMO GOVERNMENT TRAINING AGENCY CCMAFY 2023/2024 ANNUAL FEE 364552 7/27/23 500.00 Total for Department 500.00 Police PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / PD 364436 7/26/23 16.68 DELL MARKETING L P COMPUTERS FOR HOME TEAM 364545 7/27/23 6,114.88 MOTOROLA SOLUTIONS INC RADIOS FOR HOME TEAM 364567 7/27/23 25,808.14 TEC-DURAZO TRAINING ADV SUB FTO CRISIS INTRV 364591 7/27/23 203.84 CABATU DUI SEMINARS - REIMBURSEMENT FOR EMMA CA 364537 7/27/23 475.23 SHANAHAN INTERNAL AFFAIRS INVESTIGATION TRAINING 364584 7/27/23 232.53 CDWG AUDIO VISUAL FOR COMMUNITY ROOM 364447 7/27/23 21,503.69 Total for Department 54,354.99 Engineering / PW's PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / PW 364436 7/26/23 31.61 SDG&E ELECTRIC 364438 7/26/23 166.05 SWEETWATER AUTHORITY WATER BILL / WASTEWATER FY23 MAY-JUN-PW 364442 7/26/23 225.84 ACME SAFETY & SUPPLY CORP SURVEY VEST FY23-PW/ENG 364531 7/27/23 24.03 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL FY24- P 364535 7/27/23 185.94 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES FY24-PW/FACI 364539 7/27/23 246.19 DISCOUNT SPECIALTY CHEMICALS MALODOR COUNTERACTACTFY23-PW/STREETS 364548 7/27/23 458.15 GRAINGER MOP 65179 BUILDING SUPPLIES FY24-PW/FACI 364553 7/27/23 658.94 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PAR 364566 7/27/23 389.72 NAPA AUTO PARTS MOP 45735 AUTO SUPPLIES FY24 -PW/PARKS 364568 7/27/23 78.04 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM 364572 7/27/23 240.10 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364574 7/27/23 81.30 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364575 7/27/23 180.41 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO SUPPLIES FY24-PW/EQM 364576 7/27/23 353.51 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/PARKS 364577 7/27/23 2,133.23 WARRANT REGISTER # 4 7/27/2023 1/4Page 245 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 4 7/27/2023 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY24-PW/PARKS 364579 7/27/23 818.98 SAM'S ALIGNMENT MOP 72442 AUTO SUPPLIES FY24-PW/EQM 364582 7/27/23 170.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 364583 7/27/23 79,065.72 SOUTHERN CALIF TRUCK STOP MOP 45758 PROPANE FY24-PW/EQM 364586 7/27/23 148.85 STAPLES BUSINESS ADVANTAGE MOP#45704 - OFFICE SUPPLIES - PW'S 364587 7/27/23 705.80 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY23 MAY-J 364590 7/27/23 39,528.42 T'S & SIGNS INC SAFETY WEARING APPAREL 364594 7/27/23 323.27 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 GENERAL SUPPLIES FY24-PW/FACIL 364595 7/27/23 125.18 VULCAN MATERIALS COMPANY ASPHALT, TACK, 3/8 SHEET FY23- PW/STREET 364596 7/27/23 2,589.86 WETMORES MOP 80333 AUTO SUPPLIES FY24-PW/EQM 364597 7/27/23 69.43 CALIFORNIA COMMERCIAL POOL CIP 22-01 LAS PALMAS POOL RENOVATION - E 364538 7/27/23 122,663.76 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE - ENG/PW 364543 7/27/23 1,332.66 D-MAX ENGINEERING INC PARADISE WATER QUALITY AND COMMUNITY ENH 364549 7/27/23 265.00 E & H GENERAL CONTRACTING INC CIP 22-06 MLK COMMUNITY CENTER - ENG/PW 364550 7/27/23 129,850.53 IPS GROUP INC JUNE 2023 DEL NOTICE - ENG/PW 364564 7/27/23 189.75 NATIONAL AUTO FLEET GROUP 2023 FORD POLICE INTERCEPTOR NCPD VEHICL 364569 7/27/23 379,600.66 NINYO & MOORE T&A 90552 - 233 ROOSEVELT AVE - ENG/PW 364570 7/27/23 562.87 NV5 INC T&A 90562 - SAN YSIDRO HEALTH CLINIC - 364571 7/27/23 11,688.75 PROJECT PROFESSIONALS CORP CIP 20-01 P-1 SEWER UPSIZING PHASE II - 364578 7/27/23 76,953.88 Total for Department 852,106.43 NSD PRO BUILD COMPANY MOP 45707 PAINT SUPPLIES / NSD 364436 7/26/23 858.37 Total for Department 858.37 Risk CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 364542 7/27/23 6,400.00 Total for Department 6,400.00 Finance CALIFORNIA DEPARTMENT SALES TAX LIABILITY / FINANCE 364446 7/27/23 2,057.00 C A P F AUGUST 2023 - FIRE LTD 364536 7/27/23 1,239.00 CALIFORNIA LAW ENFORCEMENT AUGUST 2023 - PD LTD 364540 7/27/23 2,376.00 CITY OF NATIONAL CITY RSWA - FIDUCIARY SERVICES FY 22/23 364541 7/27/23 10,000.00 DELTA DENTAL INSURANCE CO AUGUST 2023 GRP#05-7029600000 PMI DENTAL 364546 7/27/23 1,790.86 DELTA DENTAL OF CALIFORNIA AUGUST 2023 GRP #05-0908600000 DENTAL IN 364547 7/27/23 16,447.05 HEALTH NET GRP #N8239A - AUGUST 2023 HEALTH NET INS 364554 7/27/23 2,894.14 HEALTH NET GRP # N8239C - AUGUST 2023 HEALTH NET 364555 7/27/23 1,734.92 HEALTH NET GRP # R1192Q - AUGUST 2023 HEALTH NET 364556 7/27/23 1,540.02 HEALTH NET GRP #N8240A - AUGUST 2023 HEALTH NET INS 364557 7/27/23 1,346.10 HEALTH NET GRP # R1192R - AUGUST 2023 HEALTH NET- D 364558 7/27/23 923.49 HEALTH NET INC GRP #R1192A - AUGUST 2023 HEALTH NET 364559 7/27/23 72,226.77 HEALTH NET INC GRP # GX011A - AUGUST 2023 HEALTH NET INS 364560 7/27/23 30,554.35 HEALTH NET INC GRP #LB439A - AUGUST 2023 HEALTH NET INS 364561 7/27/23 16,017.80 2/4Page 246 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 4 7/27/2023 HEALTH NET INC GRP #LB439F - AUGUST 2023 364562 7/27/23 774.98 KAISER FOUNDATION HEALTH PLAN GROUP #104220 AUGUST 2023 KAISER INS 364565 7/27/23 240,729.23 RELIANCE STANDARD AUGUST 2023 - GRP VAI826233 VC1801146 364580 7/27/23 3,694.56 THE LINCOLN NATIONAL LIFE INS GRP #415491 AUG 2023 LIFE & AD&D STD LT 364592 7/27/23 9,315.35 Total for Department 415,661.62 Community Services/Nutrition/Library SMART & FINAL MOP 45756 SMART & FINAL SUMMER CAMP SUPP 364585 7/27/23 380.41 STAPLES BUSINESS ADVANTAGE MOP#45704 - OFFICE SUPPLIES - CSD 364587 7/27/23 -102.52 WRIGHT REIMBURSEMENT FOR HDM SUPPLIES 364445 7/26/23 68.90 ALDEMCO FOOD 364533 7/27/23 10,550.49 ALDEMCO FOOD 364425 7/26/23 4,230.79 ALL FRESH PRODUCTS FOOD 364426 7/26/23 2,344.25 COZZINI BROS., INC. KNIFE CLEANING SERVICE 364430 7/26/23 36.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY/CONSUMABLES 364437 7/26/23 1,026.81 SDG&E ELECTRIC 364438 7/26/23 6,418.43 SEAPORT MEAT COMPANY FOOD 364439 7/26/23 645.66 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364441 7/26/23 95.08 SYSCO SAN DIEGO INC FOOD 364443 7/26/23 15,307.68 PACIFIC REFRIGERATION INC PREVENTATIVE MAINTENANCE 364573 7/27/23 1,488.00 ALLSTATE SECURITY INVICTA DBA ALLSTATE/SECURITY GUARD/FYER 364534 7/27/23 6,250.56 Total for Department 48,740.54 Fire AGUIRRE RE-IMBURSEMENT, EMT-B LICENSE EXPENSES 364532 7/27/23 165.50 ESGIL LLC PLAN CHECKS FOR FIRE DEPT, FY 2023 364551 7/27/23 2,291.70 HERNANDEZ RE-IMBURSEMENT FOR R. HERNANDEZ, NFPA TR 364563 7/27/23 297.95 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24- FIRE 364577 7/27/23 48.07 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES FY24- FIRE 364579 7/27/23 25.00 SAFETY-KLEEN SYSTEMS, INC PAART#100030 RECOVERY FEE 364581 7/27/23 236.55 SMART & FINAL MOP 45756 SUPPLIES FOR FIRE DEPT 364585 7/27/23 109.31 STAPLES BUSINESS ADVANTAGE MOP#45704 - OFFICE SUPPLIES - FIRE 364587 7/27/23 415.86 STILES RE-IMBURSEMENT, EMT-P LICENSE EXPENSES 364588 7/27/23 250.00 Total for Department 3,839.94 Human Resources DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS - 364431 7/26/23 416.00 LORONA LICENSE REIMBURSEMENT 364435 7/26/23 85.00 Total for Department 501.00 MIS AT&T SBC - AT&T FOR FY24 364427 7/26/23 14,846.61 COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 364428 7/26/23 8,037.00 3/4Page 247 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 4 7/27/2023 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 364429 7/26/23 2,683.90 ESCRIBE SOFTWARE LTD. PRORATED INVOICE US-1254 364432 7/26/23 233.33 GRANICUS LLC GRANICUS WEBCASTING FY24 364433 7/26/23 1,920.83 KRONOS INC ANNUAL MAINTENANCE AND LICENSING FOR PD 364434 7/26/23 14,616.80 SPOK INC SPOK METROCALL PAGING FY24 364440 7/26/23 688.60 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 364441 7/26/23 107.97 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS FY24 364444 7/26/23 60.74 Total for Department 43,195.78 A/P Total 1,432,892.66 PAYROLL Pay period Start Date End Date Check Date 16 7/11/2023 7/24/2023 8/2/2023 1,461,529.61 WIRED PAYMENTS CMO U S BANK CREDIT CARD EXPENSES / CMO 844225 7/24/23 536.09 Human Resources EDD UNEMPLOYMENT INS REIMBURSABLE CHGS APRL 563761 7/25/23 6,626.00 Police U S BANK CREDIT CARD EXPENSES / PD 844225 7/24/23 6,272.08 GRAND TOTAL 2,907,856.44 4/4Page 248 of 294 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Warrant Register #5 for the period of 7/28/23 through 8/03/23 in the amount of $2,994,591.27. RECOMMENDATION: Ratify Warrants Totaling $2,994,591.27 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 7/28/23 – 8/03/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation PRISM 364644 $356,702.00 Excess WC Program Govconnection Inc 364629 $54,849.96 Microsoft Govt CSP Azure Active Anser Advisory 364601 $72,323.62 Grant Management – Villa Civil Gautreau 364627 $62,000.00 T&A Performance Refund Kimley Horn 364633 $85,654.31 CIP NC Eastside I 805 Community Public Emp Ret Syst 230803 $340,317.97 Service Period 7/11/23 – 7/24/23 Union Bank of Ca 255044 $365,662.37 GO Bonds Obligation Refunding Adminsure, Inc 4302 $119,790.55 WC Replenishment FINANCIAL STATEMENT: Warrant total $ 2,994,591.27 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 - Warrant Register No 5 Page 249 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT City Attorney CITY ATTORNEYS ASSOCIATION MEMBERSHIPS 364611 8/3/23 600.00 SHER EDLING LLP LEGAL SERVICES - CAO 364651 8/3/23 631.00 Total for Department 1,231.00 CMO STAPLES BUSINESS ADVANTAGE MOP 45704 - OFFICE SUPPLIES - CMO 364653 8/3/23 111.40 Total for Department 111.40 Police AXON ENTERPRISE INC AXON MOUNTS 364603 8/3/23 850.97 CYRACOM INTERNATIONAL, INC LANGUAGE LINE SVC JUNE 364619 8/3/23 57.20 DATA DETECTION GROUP PE DATA CONVERSION PROJECT 364620 8/3/23 233.75 DEPT OF JUSTICE DOJ FINGERPRINTING 364622 8/3/23 586.00 LASER SAVER INC MOP 04840 TONER PD 364635 8/3/23 419.72 NORTH PARK TROPHY & AWARD, INC RIBBON CHANGE ON MEDALS 364641 8/3/23 193.95 PALOMAR HEALTH JUNE SART EXAMS 364643 8/3/23 1,950.00 PRO BUILD COMPANY MOP 20462 PAINT PD 364645 8/3/23 102.67 RADY CHILDREN'S HOSPITAL FORENSIC INTERVIEW 364649 8/3/23 550.00 VERIZON WIRELESS VERIZON CELL TOWER SEARCH 364657 8/3/23 50.00 LOZANO MOTORCYCLE INSTRUCTOR COURSE REIMBURSEME 364638 8/3/23 80.00 SULLIVAN BACK TO SCHOOL GIVEAWAY COFFEE AND DONUT 364654 8/3/23 58.00 AYDELOTTE TRAINING ADV LDG AOTA 364604 8/3/23 524.00 CARDOZA TRAINING ADV LDG CHIA 364608 8/3/23 745.80 CORADO TRAINING POST PLN4 AOT REIM 364612 8/3/23 91.02 CORNEJO TRAINING ADV SUB CHIA 364614 8/3/23 745.80 DOUGHERTY TRAINING ADV LDG TACT FRARMS 364623 8/3/23 827.70 FITCHHORN TRAINING ADV PST SUB MTRCYCL ACDMY 364626 8/3/23 2,406.66 GOVERNMENT TRAINING AGENCY TRAINING TUITION RCRDS SPRVSR CISNROS 364630 8/3/23 517.00 QUIROGA TRAINING ADV SUB LDG CHIA 364648 8/3/23 745.80 SEGAL TRAINING ADV LDG ATAP 364650 8/3/23 876.00 Total for Department 12,612.04 Finance ANDERSON RETIREE HEALTH BENEFITS - AUG 2023 364448 8/1/23 110.00 BAVENCOFF JR RETIREE HEALTH BENEFITS - AUG 2023 364449 8/1/23 500.00 BEARD RETIREE HEALTH BENEFITS - AUG 2023 364450 8/1/23 70.00 BECK RETIREE HEALTH BENEFITS - AUG 2023 364451 8/1/23 140.00 BEVERIDGE RETIREE HEALTH BENEFITS - AUG 2023 364452 8/1/23 640.00 BISHOP RETIREE HEALTH BENEFITS - AUG 2023 364453 8/1/23 110.00 BULL RETIREE HEALTH BENEFITS - AUG 2023 364455 8/1/23 580.00 CAMEON RETIREE HEALTH BENEFITS - AUG 2023 364456 8/1/23 400.00 CANEDO RETIREE HEALTH BENEFITS - AUG 2023 364457 8/1/23 620.00 WARRANT REGISTER # 5 8/3/2023 1/5Page 250 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 5 8/3/2023 CARRILLO RETIREE HEALTH BENEFITS - AUG 2023 364458 8/1/23 290.00 CASTELLANOS RETIREE HEALTH BENEFITS - AUG 2023 364459 8/1/23 500.00 COLE RETIREE HEALTH BENEFITS - AUG 2023 364460 8/1/23 165.00 COLLINSON RETIREE HEALTH BENEFITS - AUG 2023 364461 8/1/23 420.00 CONDON RETIREE HEALTH BENEFITS - AUG 2023 364462 8/1/23 280.00 CORDERO RETIREE HEALTH BENEFITS - AUG 2023 364463 8/1/23 520.00 DALLA RETIREE HEALTH BENEFITS - AUG 2023 364464 8/1/23 900.00 DANESHFAR RETIREE HEALTH BENEFITS - AUG 2023 364465 8/1/23 250.00 DEESE RETIREE HEALTH BENEFITS - AUG 2023 364466 8/1/23 660.00 DESROCHERS RETIREE HEALTH BENEFITS - AUG 2023 364467 8/1/23 110.00 DIAZ RETIREE HEALTH BENEFITS - AUG 2023 364468 8/1/23 680.00 DREDGE RETIREE HEALTH BENEFITS - AUG 2023 364469 8/1/23 250.00 DUONG RETIREE HEALTH BENEFITS - AUG 2023 364470 8/1/23 280.00 EISER III RETIREE HEALTH BENEFITS - AUG 2023 364471 8/1/23 250.00 ESPIRITU RETIREE HEALTH BENEFITS - AUG 2023 364472 8/1/23 620.00 ETZLER RETIREE HEALTH BENEFITS - AUG 2023 364473 8/1/23 460.00 FABINSKI RETIREE HEALTH BENEFITS - AUG 2023 364474 8/1/23 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - AUG 2023 364475 8/1/23 270.00 FIFIELD RETIREE HEALTH BENEFITS - AUG 2023 364476 8/1/23 540.00 GAUT RETIREE HEALTH BENEFITS - AUG 2023 364477 8/1/23 700.00 GELSKEY RETIREE HEALTH BENEFITS - AUG 2023 364478 8/1/23 115.00 GIBBS JR RETIREE HEALTH BENEFITS - AUG 2023 364479 8/1/23 120.00 GONZALES RETIREE HEALTH BENEFITS - AUG 2023 364480 8/1/23 480.00 HARLAN RETIREE HEALTH BENEFITS - AUG 2023 364481 8/1/23 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - AUG 2023 364482 8/1/23 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - AUG 2023 364483 8/1/23 680.00 HERNANDEZ RETIREE HEALTH BENEFITS - AUG 2023 364484 8/1/23 400.00 HODGES RETIREE HEALTH BENEFITS - AUG 2023 364485 8/1/23 200.00 IBARRA RETIREE HEALTH BENEFITS - AUG 2023 364486 8/1/23 780.00 JASMUND RETIREE HEALTH BENEFITS - AUG 2023 364487 8/1/23 680.00 JONES RETIREE HEALTH BENEFITS - AUG 2023 364488 8/1/23 60.00 JONES RETIREE HEALTH BENEFITS - AUG 2023 364489 8/1/23 480.00 JUNIEL RETIREE HEALTH BENEFITS - AUG 2023 364490 8/1/23 50.00 KIMBLE RETIREE HEALTH BENEFITS - AUG 2023 364491 8/1/23 300.00 KLOS RETIREE HEALTH BENEFITS - AUG 2023 364492 8/1/23 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - AUG 2023 364493 8/1/23 660.00 LIMFUECO RETIREE HEALTH BENEFITS - AUG 2023 364494 8/1/23 160.00 MATIENZO RETIREE HEALTH BENEFITS - AUG 2023 364495 8/1/23 100.00 MCCABE RETIREE HEALTH BENEFITS - AUG 2023 364496 8/1/23 280.00 MCDANIEL RETIREE HEALTH BENEFITS - AUG 2023 364497 8/1/23 290.00 MEEKS RETIREE HEALTH BENEFITS - AUG 2023 364498 8/1/23 460.00 MENDOZA RETIREE HEALTH BENEFITS - AUG 2023 364499 8/1/23 290.00 MINER RETIREE HEALTH BENEFITS - AUG 2023 364500 8/1/23 580.00 MUNOZ RETIREE HEALTH BENEFITS - AUG 2023 364501 8/1/23 640.00 NAGLE RETIREE HEALTH BENEFITS - AUG 2023 364502 8/1/23 460.00 NOTEWARE RETIREE HEALTH BENEFITS - AUG 2023 364503 8/1/23 120.00 OLIVERIA RETIREE HEALTH BENEFITS - AUG 2023 364504 8/1/23 360.00 2/5Page 251 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 5 8/3/2023 PAUU JR RETIREE HEALTH BENEFITS - AUG 2023 364505 8/1/23 340.00 PE RETIREE HEALTH BENEFITS - AUG 2023 364506 8/1/23 300.00 PEASE JR RETIREE HEALTH BENEFITS - AUG 2023 364507 8/1/23 140.00 POST RETIREE HEALTH BENEFITS - AUG 2023 364508 8/1/23 280.00 RAY RETIREE HEALTH BENEFITS - AUG 2023 364509 8/1/23 190.00 REDIKOP RETIREE HEALTH BENEFITS - AUG 2023 364510 8/1/23 400.00 RIOS RETIREE HEALTH BENEFITS - AUG 2023 364511 8/1/23 240.00 ROARK RETIREE HEALTH BENEFITS - AUG 2023 364512 8/1/23 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - AUG 2023 364513 8/1/23 260.00 ROUSTON RETIREE HEALTH BENEFITS - AUG 2023 364514 8/1/23 660.00 RUIZ RETIREE HEALTH BENEFITS - AUG 2023 364515 8/1/23 310.00 SAINZ RETIREE HEALTH BENEFITS - AUG 2023 364516 8/1/23 300.00 SANCHEZ RETIREE HEALTH BENEFITS - AUG 2023 364517 8/1/23 330.00 SERVATIUS RETIREE HEALTH BENEFITS - AUG 2023 364518 8/1/23 340.00 SHEPHARD RETIREE HEALTH BENEFITS - AUG 2023 364519 8/1/23 440.00 SHOEMAKER RETIREE HEALTH BENEFITS - AUG 2023 364520 8/1/23 480.00 SILVA RETIREE HEALTH BENEFITS - AUG 2023 364521 8/1/23 580.00 SMITH RETIREE HEALTH BENEFITS - AUG 2023 364522 8/1/23 320.00 SMITH RETIREE HEALTH BENEFITS - AUG 2023 364523 8/1/23 560.00 TIPTON RETIREE HEALTH BENEFITS - AUG 2023 364524 8/1/23 250.00 UNGAB RETIREE HEALTH BENEFITS - AUG 2023 364525 8/1/23 600.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - AUG 2023 364526 8/1/23 480.00 VILLARIASA RETIREE HEALTH BENEFITS - AUG 2023 364527 8/1/23 480.00 WHITE RETIREE HEALTH BENEFITS - AUG 2023 364528 8/1/23 230.00 WILKINS RETIREE HEALTH BENEFITS - AUG 2023 364529 8/1/23 520.00 YBARRA RETIREE HEALTH BENEFITS - AUG 2023 364530 8/1/23 220.00 ERGODIRECT, INC. RFM-CARMEL, MEDIUM BACK MULTI-FUNCTION E 364624 8/3/23 934.15 HDL COREN & CONE CONTRACT SVCS PROPERTY TAX JULY - SEPT 2 364632 8/3/23 3,375.00 Total for Department 35,454.15 Community Services/Nutrition/Library SMART & FINAL MOP 45756 CASA YOUTH SNACKS 364652 8/3/23 417.12 T'S & SIGNS INC ADVERTISING FOR ZUMBA 364655 8/3/23 78.30 ALL FRESH PRODUCTS FOOD 364599 8/3/23 1,919.34 Total for Department 2,414.76 Fire LAFRENIERE REIMBURSEMENT OF EMT-P EXPENSES 364634 8/3/23 250.00 Total for Department 250.00 Human Resources ADMINSURE INC WORKERS' COMPENSATION CLAIMS - AUGUST 364598 8/3/23 8,604.00 BERRY EDUCATION REIMBURSEMENT 364605 8/3/23 1,555.00 CALIFORNIA WORKERS WORKERS' COMPENSATION NEW HIRE PAMPHLETS 364607 8/3/23 72.68 3/5Page 252 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 5 8/3/2023 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 364636 8/3/23 18,896.00 PRISM EXCESS WORKERS' COMPENSATION PROGRAM PRE 364644 8/3/23 356,702.00 STAPLES BUSINESS ADVANTAGE MOP 45704 - OFFICE SUPPLIES - HR 364653 8/3/23 43.49 Total for Department 385,873.17 Housing / Section 8 ALPHA PROJECT FOR THE HOMELESS ALPHA PROJECT IS TO PROVIDE SERVICES 364600 8/3/23 8,878.42 CARPENTER REAL ESTATE APRAISAL ACE METALS AND OLSON PROPERTIES 364609 8/3/23 5,750.00 CSA SAN DIEGO COUNTY CDBG CSA FAIR HOUSING AGREEMENT~ 364616 8/3/23 11,925.50 MCALISTER INSTITUTE MAY 2023 INVOICE 364639 8/3/23 27,094.06 PALMA REIMBURTMENT FOR MILEAGE 364642 8/3/23 7.18 Total for Department 53,655.16 MIS AT&T SBC - AT&T FOR FY24 364602 8/3/23 105.83 BLUE VIOLET NETWORKS BLUEVIOLET PREMIER SUPPORT 364606 8/3/23 22,200.00 CDWG ADOBE ACROBAT PRO FOR ENT. RENEWAL 364610 8/3/23 3,790.00 CORELOGIC SOLUTIONS LLC REALQUEST PROPERTY RESEARCH APP + 364613 8/3/23 5,562.00 COX COMMUNICATIONS COX DATA, VIDEO SERVICES FY24 364615 8/3/23 174.00 CTC TECHNOLOGY & ENERGY CENIC BROADBAND INTERNET 10G - LIBRARY 364617 8/3/23 5,476.25 CYBRARIAN SOLUTIONS CYBRARIAN ANNUAL SUBSCRIPTION LICENSING 364618 8/3/23 1,469.70 DELL MARKETING L P DELL OPTIPLEX 7400 ALL-IN-ONE 364621 8/3/23 4,321.88 FATPIPE INC GOLD PLUS SERVICE 1 YEAR RENEWAL. 364625 8/3/23 4,080.00 GOVCONNECTION INC MICROSOFT GOVT CSP AZURE ACTIVE 364629 8/3/23 54,849.96 GRANICUS LLC GRANICUS WEBCASTING FY24 364631 8/3/23 1,920.83 NETFILE, INC. NETFILE ANNUAL LICENSING 7/1/23-6/30/24 364640 8/3/23 6,300.00 PROGRESSIVE SOLUTIONS INC PAYMENTCENTRAL SOFTWARE 7/1/23 -6/30/24 364646 8/3/23 14,421.47 QUESTYS SOLUTIONS QUESTYS ANNUAL LICENSING 7/1/23-6/30/24 364647 8/3/23 24,075.79 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY24 364656 8/3/23 11,684.56 Total for Department 160,432.27 Engineering / PW's ANSER ADVISORY MANAGEMENT, LLC GRANT MANAGEMENT VILLA CIVIL - ENG/PW 364601 8/3/23 72,323.62 GAUTREAU T&A 90509 - PERFORMANCE BOND REFUND - ENG 364627 8/3/23 62,000.00 GEOSYNTEC CONSULTANTS INC COMPLIANCE WORK AT NCFD - ENG/PW 364628 8/3/23 4,479.40 KIMLEY HORN CIP 20-09 NC EASTSIDE I 805 COMMUNITY 364633 8/3/23 85,654.31 VILLARREAL T&A 90630 - REFUND FOR 3309 CYPRESS AVE 364658 8/3/23 509.22 LOUIES GARAGE CORPORATION CITY VEHICLE PAINT REPAIR FY23-PW/EQM 364637 8/3/23 3,877.12 Total for Department 228,843.67 A/P Warrant Total 880,877.62 4/5Page 253 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 5 8/3/2023 WIRED PAYMENTS CMO U S BANK JULY 2023 CREDIT CARD STATEMENT 234956 8/3/23 40.00 U S BANK CREDIT CARD STATEMENT FOR ESTHER CLEMENT 285670 8/2/23 2,920.31 Finance PUBLIC EMP RETIREMENT SYSTEM SERVICE PERIOD 07/11/23 - 07/24/23 230803 8/3/23 340,317.97 UNION BANK OF CALIFORNIA GO BONDS OBLIGATION REFUNDING BONDS 2012 255044 7/31/23 365,662.37 Community Services/Nutrition/Library U S BANK RFW JULY US BANK STATEMENT 362858 8/1/23 850.20 Human Resources ADMINSURE INC WORKERS' COMPENSATION REPLENISHMENT - 4302 8/2/23 119,790.55 Engineering / PW's ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY24 JUL-PW/EQM 960317 8/3/23 43,853.06 U S BANK US BANK CHARGES-CWEA TRAINING/OLDCC CONF 234956 8/3/23 1,491.06 SECTION 8 HAPS Start Date End Date 7/28/2023 8/3/2023 1,238,788.13 GRAND TOTAL 2,994,591.27 5/5Page 254 of 294 AGENDA REPORT Department: Finance Prepared by: Karla Apalategui, Sr. Accounting Assistant Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Warrant Register #6 for the period of 8/4/23 through 8/10/23 in the amount of $3,540,950.62. RECOMMENDATION: Ratify Warrants Totaling $3,540,950.62 BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Per Government Section Code 37208, below are the payments issued for period 8/4/23 – 8/10/23. Consistent with Department of Finance’s practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation PRISM 364659 $1,130,250.00 General Liability Insurance PRISM 364660 $252,822.00 Property Insurance Anser Advisory 364668 $130,794.50 CIP Sweetwater Road Protected Bike Eagle Paving 364684 $361,880.44 CIP National City Street Resurfacing FINANCIAL STATEMENT: Warrant total $3,540,950.62 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 - Warrant Register No 6 Page 255 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT Mayor T'S & SIGNS INC PAPER 19 X 24" FINAL SIZE ON 80# 364750 8/10/23 1,609.25 Total for Department 1,609.25 City Clerk CORODATA RECORDS OFF SITE FILE STORAGE - CORODATA 364677 8/10/23 53.00 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY24- CITY CLERK 364727 8/10/23 39.89 Total for Department 92.89 City Attorney COLANTUONO HIGHSMITH LEGAL SERVICES / CAO 364675 8/10/23 210.00 Total for Department 210.00 CMO 4 IMPRINT INC COFFEE MUGS AND WATER BOTTLES 364661 8/10/23 1,577.13 PORTES MILEAGE REIMBURSEMENT - EMILY PORTES 364709 8/10/23 247.27 T'S & SIGNS INC CMO SHIRTS 364737 8/10/23 225.41 T'S & SIGNS INC PAPER 19 X 24" FINAL SIZE ON 80# 364750 8/10/23 1,609.25 Total for Department 3,659.06 Risk CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 364674 8/10/23 6,400.00 PRISM POLLUTION PROGRAM INSURANCE 364711 8/10/23 13,675.00 PRISM PROPERTY INSURANCE 364712 8/10/23 11,489.00 PRISM PROPERTY INSURANCE 364713 8/10/23 8,255.00 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY24- RISK 364727 8/10/23 66.78 PRISM GENERAL LIABILITY INSURANCE 364659 8/7/23 1,130,250.00 PRISM PROPERTY INSURANCE 364660 8/7/23 252,822.00 Total for Department 1,422,957.78 Engineering / PW's AIRGAS USA LLC MOP 45714 GENERAL SUPPLIES FY24-PW/PARKS 364664 8/10/23 195.97 AVILA PESTICIDE LICENSE FOR MACARIO AVILA FY23 364670 8/10/23 120.00 CALIFORNIA ELECTRIC SUPPLY MOP 45698 ELECTRIC SUPPLIES FY24-PW/FACI 364671 8/10/23 1,616.36 COSCO FIRE PROTECTION FIRE SPRINKLER INSPECTIONS FY23-PW/FACIL 364678 8/10/23 9,845.00 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR FY23-PW/STREETS 364683 8/10/23 20,420.72 FERGUSON ENTERPRISES 1350 MOP 45723 GENERAL SUPPLIES FY24-PW/FACIL 364685 8/10/23 371.65 FLEET SERVICES INC MOP 67804 AUTO SUPPLIES FY24-PW/EQM 364689 8/10/23 154.73 GONZALEZ REIMBURSEMENT FOR CWEA MEMBERSHIP 364691 8/10/23 221.00 GRAINGER MOP 65179 GENERAL SUPPLIES FY24-PW/FACIL 364692 8/10/23 421.97 WARRANT REGISTER # 6 8/10/2023 1/5Page 256 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 6 8/10/2023 HAAKER EQUIPMENT COMPANY PARTS AND SMALL EQUIMPMENT FY23-PW/EQM 364693 8/10/23 216.41 MASON'S SAW MOP 45729 LANDSCAPE SUPPLIES FY24-PW/PAR 364699 8/10/23 182.73 NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2023~ 364700 8/10/23 689.41 NATIONAL CITY MOTORCYCLES SERVICE AND REPAIR FOR EMERGENCY FY23-PW 364701 8/10/23 913.95 NATIONAL CITY TROPHY MOP 66556 OFFICE SUPPLIES FY24-PW/ENG 364702 8/10/23 70.47 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES FY24-PW/EQM 364703 8/10/23 225.59 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364705 8/10/23 312.51 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364706 8/10/23 193.11 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364707 8/10/23 81.30 PARTS AUTHORITY METRO MOP 75943 AUTO SUPPLIES FY24-PW/EQM 364708 8/10/23 10.15 POWERSTRIDE BATTERY CO INC MOP 67839 AUTO BATTERY FY24-PW/EQM 364710 8/10/23 725.30 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES FY24-PW/FACIL 364714 8/10/23 541.50 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES -PW 364715 8/10/23 547.15 SAM'S ALIGNMENT MOP 72442 AUTO REPAIRS FY24-PW/EQM 364718 8/10/23 350.00 SAN DIEGO HYDRAULICS MOP 85005 AUTO REPAIRS FY24-PW/EQM 364719 8/10/23 346.24 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY23 364720 8/10/23 9,474.46 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS F 364721 8/10/23 58.63 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES FY24 -PW/PA 364724 8/10/23 217.15 SOUTHERN CALIF TRUCK STOP MOP 45758 DIESEL FY24-PW/EQM 364726 8/10/23 156.65 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY24-PW/ENG 364727 8/10/23 243.53 SUPERIOR READY MIX ASPHALT, TACK 3/8 SHEET FOR FY23-PW/STRE 364729 8/10/23 1,332.87 SWEETWATER AUTHORITY WATER BILL / WASTEWATER FY23-PW/SEWER 364731 8/10/23 30.86 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES FY24-PW/FACI 364739 8/10/23 127.57 WESTFLEX INDUSTRIAL MOP 63850 AUTO SUPPLIES FY24-PW/EQM 364741 8/10/23 101.75 WETMORES MOP 80333 AUTO SUPPLIES FY24-PW/EQM 364742 8/10/23 409.23 WILLY'S ELECTRONIC SUPPLY MOP 45763 ELECTRIC SUPPLIES FY24- PW/EQM 364743 8/10/23 11.46 ANSER ADVISORY MANAGEMENT, LLC CIP 19-20 SWEETWATER ROAD PROTECTED BIKE 364668 8/10/23 130,794.50 ATLAS TECHNICAL CONSULTANTS, CIP 22-57 LAS PALMAS POOL IMPROVEMENTS-E 364669 8/10/23 2,169.50 CANON SOLUTIONS AMERICA INC. SCANNER PLOTTER MAINTENANCE EQUIP BASE - 364672 8/10/23 113.27 CITY OF SAN DIEGO MUNICIPAL SEWER TRANSPORT FEES FY23 4/1/ 364673 8/10/23 1,233.44 CV VENTURES LLC FAIR SHARE DUCK POND MONITORING SVC Q1+Q 364681 8/10/23 7,812.85 EAGLE PAVING COMPANY INC CIP 22-19 NATIONAL CITY STREET RESURFACI 364684 8/10/23 361,880.44 HERRERA ENCROACHMENT AGREEMENT PERMIT REFUND - E 364695 8/10/23 790.00 INNOVATIVE CONSTRUCTION CIP 22-01 LAS PALMAS POOL - ENG/PW 364696 8/10/23 28,303.00 ORTIZ CORPORATION CIP 20-01 P1 SEWER UPSIZE PROJECT PHASE 364704 8/10/23 23,443.81 THE ECOHEROSHOW LLC CALRECYCLE GRANT- ECOHERO VIRTUAL PRESE 364736 8/10/23 15,539.00 VALENZUELA PERFORMANCE CASH BOND REFUND T&A 90628 - 364751 8/10/23 10,000.00 Total for Department 633,017.19 NSD ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS / NSD 364662 8/10/23 381.40 MAINTEX INC MAINTEX GRAFFITI REMOVAL TOWELS/ NSD 364698 8/10/23 390.70 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - NSD 364715 8/10/23 37.40 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES FY24- NSD 364727 8/10/23 186.86 2/5Page 257 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 6 8/10/2023 Total for Department 996.36 Planning-Building SUNRUN INSTALLATION SERVICES BUILDING RFW/SUN RUN INSTALLATIONS SERVI 364728 8/10/23 1,981.10 Total for Department 1,981.10 Finance REGIONAL TASK FORCE ON THE HMIS STAFF USER FEES 4 COMPLETE LICENSES 364716 8/10/23 9,100.00 THE BANK OF NEW YORK MELLON CUSTODIAN FEE - PERIOD 04/01/23 TO 06/30 364734 8/10/23 300.00 VISION SERVICE PLAN AUGUST 2023 - VISION SERVICE PLAN 364740 8/10/23 1,228.92 WOODRUFF & SMART RSWA - GENERAL MANAGER MONTHLY INCOME 364744 8/10/23 6,500.00 Total for Department 17,128.92 Community Services/Nutrition/Library AMAZON SENIOR SATURDAY DANCE SUPPLIES 364667 8/10/23 434.69 FIT TO WORK INC RFW ERGONOMIC EVAULATION AND REPORT 364687 8/10/23 400.00 SMART & FINAL MOP 45756 SENIOR MORNING SOCIALS SUPPLIES 364725 8/10/23 96.40 SWANK MOTION PICTURES INC MOVIES IN THE PARK MOVIE LICENSING 364730 8/10/23 435.00 COZZINI BROS., INC. KNIFE CLEANING SERVICE 364680 8/10/23 72.00 PRUDENTIAL OVERALL SUPPLY LAUNDRY & CONSUMABLES 364715 8/10/23 888.93 SEAPORT MEAT COMPANY FOOD / NUTRITION 364722 8/10/23 1,181.96 SYSCO SAN DIEGO INC FOOD / NUTRITION 364732 8/10/23 15,150.29 AMAZON PARKS PASS/AMAZON/MATERIALS 364745 8/10/23 4,434.16 BULK BOOKSTORE BULK BOOKS/PARKS PASS GRANT/BOOKS/FY23 364746 8/10/23 4,117.82 CALIFORNIA LIBRARY ASSOCIATION RFW/CLA MEMBERSHIP 364747 8/10/23 600.00 STAPLES BUSINESS ADVANTAGE MOP 45704/STAPLES/OFFICE SUPPLIES/FY23 364748 8/10/23 159.83 THE ACORN GROUP INC PARKS PASS/ACORN NATURALIST/CHAPARRAL SH 364749 8/10/23 1,677.85 Total for Department 29,648.93 Fire FIRE ETC SKU #16628, NEW YORK ROOF HOOK 5'/FIRE 364686 8/10/23 227.02 HARRIS REIMBURSEMENT OF EMT-P EXPENSES /FIRE 364694 8/10/23 250.00 TELEDYNE FLIR PART #T300100SP, SPARE PART CB FX102/FIRE 364733 8/10/23 624.38 THE COUNSELING TEAM INTERNATIO CISD(2), CRISIS INTERVENTION/ FIRE 364735 8/10/23 1,220.00 Total for Department 2,321.40 3/5Page 258 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 6 8/10/2023 Human Resources AETNA BEHAVIORAL HEALTH ON-SITE GRIEVANCE COUNSELING SESSIONS 364663 8/10/23 2,594.64 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 364666 8/10/23 132.00 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL 364676 8/10/23 355.00 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS - 364682 8/10/23 256.00 G2SOLUTIONS, INC NEW EMPLOYEE FINGERPRINT TEST SUBMISSION 364690 8/10/23 6.00 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 364697 8/10/23 15,888.59 Total for Department 19,232.23 Police FITCHHORN TRAINING ADV LDG PRE AND BASIC MOTOR 364688 8/10/23 601.65 Total for Department 601.65 Housing/Section 8 ALPHA PROJECT FOR THE HOMELESS ALPHA PROJECT IS TO PROVIDE SERVICES 364665 8/10/23 7,485.91 T'S & SIGNS INC POLO SHIRTS FOR SECTION 8 DEPARTMENT 364737 8/10/23 495.90 SHRED-IT JULY-2023 REGULAR SERVICE FEE FOR SEC8 364723 8/10/23 127.58 T'S & SIGNS INC SHIRTS AND JACKETS FOR HOUSING DEPT 364737 8/10/23 480.68 Total for Department 8,590.07 MIS COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 364679 8/10/23 8,037.00 TYLER TECHNOLOGIES INC TYLER MUNIS / CAD 364738 8/10/23 14,755.00 Total for Department 22,792.00 A/P Total 2,164,838.83 PAYROLL Pay period Start Date End Date Check Date 17 7/25/2023 8/7/2023 8/16/2023 1,364,926.53 WIRED PAYMENTS CMO U S BANK CREDIT CARD STATEMENT - FRANK PARRA 306696 8/7/23 420.18 Community Services/Nutrition/Library U S BANK US BANK/JULY STATEMENT/LIBRARY 306696 8/7/23 322.16 Fire U S BANK CREDIT CARD EXPENSES/FIRE DEPT 306696 8/7/23 199.24 4/5Page 259 of 294 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 6 8/10/2023 U S BANK CREDIT CARD EXPENSES/FIRE DEPT 879012 8/9/23 401.01 U S BANK CREDIT CARD EXPENSES/FIRE DEPT 93148 8/8/23 690.50 U S BANK CREDIT CARD EXPENSES/FIRE DEPT 306696 8/7/23 811.62 Human Resources U S BANK MONTHLY CREDIT CARD STATEMENT - JULY 879012 8/9/23 2,663.71 Police U S BANK CREDIT CARD EXPENSES/POLICE 93148 8/8/23 3,130.85 U S BANK CC PD MACHADO 306696 8/7/23 1,828.68 MIS U S BANK CREDIT CARD EXPENSES/MIS 306696 8/7/23 717.31 GRAND TOTAL 3,540,950.62 5/5Page 260 of 294 AGENDA REPORT Department: Administrative Services - Finance Prepared by: Molly Brennan Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Master Fee Schedule Update RECOMMENDATION: Hold a Public Hearing, Receive Public Comments, and Adopt the Resolution Entitled, “Resolution of the City Council of the City of National City, California, Adopting Updated City User Fees.” BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Municipal governments throughout the state face limited financial resources while striving to maintain high standards of service to their communities. In light of this, it is critical for cities to ensure that their fees for requested services have been developed or updated to ensure maximum appropriate cost recovery to ensure a more fair and reasonable allocation of their limited financial resources. A “user fee” is a charge for service provided by a governmental agency to the public for services that primarily benefit individual users rather than the community at large. Several laws, such as Propositions 4, 13, 26, and 28, set parameters within which user fees can be established and administered by local government. User fees charged by local agencies may not exceed the estimated reasonable cost of providing the service for which the fee is charged. The last update to the Master Fee Schedule was effective July 1, 2022 per Resolution 2022-61. Since the last fee update in 2022, a few of the City’s services have changed and there is the need to make a handful of changes to the current fee schedule. Changes to City fees require a public hearing and upon approval, do not become effective for at least sixty (60) days. If approved tonight, the proposed changes will be effective as of Monday December 4, 2023. Only a select set of fees are proposed to be adjusted or added at this point in time. All of other fees in the Master Fee Schedule adopted per Resolution 2022-61 will remain the same. City staff is in the process of issuing a request for proposals (RFP) for a consulting firm to provide a Comprehensive User Fee Study and Development Impact Fee Study. The last comprehensive user fee study was completed in 2018 and the impact fee analysis was completed in 2004. Staff will return to City Council with the results of the new analysis and a proposed comprehensive update to the Master Fee Schedule in the spring of 2024 with the goal to align the effective date with the beginning of the next fiscal year, July 1, 2024. Staff recommends the following fee updates, as listed by department. Page 261 of 294 Community Services As the Las Palmas Pool is about to reopen with a fresh pool and decking, there is an opportunity to review the revenue-generating capacity of the pool program fees, especially those charged to non-residents, in order to offset the cost of operating the pool. Staff is proposing increasing non- resident fees for pool access and adding two new types of programming and their associated fees. The detailed proposal is included as Exhibit A. The first new program is an automatically renewing monthly membership for residents and non- residents (like Netflix). This is an alternative to the traditional 30-use pass that the City offers and will continue to offer. The second new program is the Kids Day Out program, which will offer 4 hours of themed pool time, snacks, activities, and games with a maximum of 30 kids for $15 per resident child. This is a great deal for our residents. In addition, staff recommends increasing the price of the American Red Cross Lifeguard Training Course and the 2-hour party rental fees because the existing fees do not cover the cost to the City to provide the service. Labor costs for lifeguards have gone up substantially since lifeguard fees were last adjusted in 2016. Local cities’ Lifeguard Training courses range from $250-$400 per individual. The current rate for National City’s lifeguard training is $100. Staff is proposing keeping the resident rate at $100 per course, but charging non-residents $175 per course. The existing party rental fee did not include both pool rental and lifeguard charges; consequently, staff are proposing an increase in the fee to cover hourly costs with an additional increased rate for non-residents. As part of the fiscal year 2023-2024 budget, the Council directed staff to reduce the resident fees for recreation programs from 40% cost recovery to 15% cost recovery. Staff has been charging the 15% rate since the beginning of the fiscal year (July), but a public hearing and resolution is needed to formally change the Master Fee Schedule to reflect the 15% rate. Therefore, setting youth recreation programming to 15% cost recovery is included among the user fee updates proposed for this evening. Police After the adoption of the last Master Fee Schedule in 2022, City staff found one typo that should be corrected. The fee for a copy of an accident report for insurance or an attorney should have been $30 (as it had been prior to 2022), but it was mistyped on the document as $20. This update will correct the typo and reset the fee back to $30. Since the last fee schedule update, it came to the attention of staff that National City has the highest dog license fees of any city in the region. As compared to nearby cities, a one (1) year dog license for an altered animal (spayed or neutered) costs $25 more in National City, more than double the price of the same license in a nearby city. See Exhibit B for the full fee comparison. Staff believes that our high fees for dog licenses are disincentivizing compliance. In order to promote responsible pet ownership, increase dog-licensing rates, and move our fees in line with nearby agencies, staff recommends reducing fees for all categories of dog licenses. Although a reduction in fees may reduce revenue, in this case, if more residents are able to afford a license and compliance increases, we may actually increase revenue. The majority of the reduction will be to the Finance Pet License Administrative Fee, which will be reduced from $30 to $10 per license transaction. Page 262 of 294 Housing Staff recommends setting fees for the services described below. (New) Density Bonus Application Processing Fee - $750 Developers requesting a density bonus pursuant to Section 65915 et seq. of the California Government Code offers developers up to 50% additional density, and waivers, concessions and incentives as identified by the project sponsor. Waivers are modifications are regulated by the Planning Code. The Planning Division reviews, provides feedback, and accepts the Density Bonus Program application. The Housing Authority drafts the Density Bonus Agreement, Grant Deed, and a Subordination Agreement, if applicable. The agreement process includes draft of documents, revisions, legal approval, council agenda write up, approval by the City Council at a public meeting, recording the documents with the County of San Diego, and follow-up with the applicant. Revenue associated with fee would be split if multiple departments. Additional information on the Density Bonus Program can be found on the City’s website at https://www.nationalcityca.gov/government/national-city-housing-authority/plans-projects-and- programs/density-bonus-program. (New) Subordination Re-Check Fee - $105 The City of National City and Community Development Commission-Housing Authority of the City of National City collectively holds a portfolio of mortgages on real property that have assisted qualified buyers with the purchase of a first home or existing homeowners to rehabilitate the property they occupy. This is a time-sensitive request that is often times processed multiple times in a row for the same homeowner. The original subordination fee of $375 collected per City Council Policy #904 does not cover staff time spent on requests that are processed more than once. In order to recover staff time beyond the initial request, staff is proposing a Subordination Re-Check fee to review the file, process updated documents, notarize agreements, and correspondence with the escrow company. Additional information on the City’s Subordination process can be found at www.nationalcityca.gov/subordination. (New) Reconveyance Fee - $180 Staff proposes a fee for each Substitution of Trustee and Full Reconveyance (“Reconveyance”), processed for the City and Housing Authority’s loan portfolio of mortgages on real property described above. The fee would cover staff time to review the terms of the loan, draft the Reconveyance, notarization of the agreement, and correspondence with the lender or escrow company. Additional information on the City’s reconveyance process can be found at www.nationalcityca.gov/loanpayoff. Conclusion Statewide municipal governments continue to be faced with limited financial resources, while striving to maintain high standards of service to their respective communities. It is critical for the City to ensure that the fees for requested services are developed and/or updated to ensure maximum appropriate cost recovery, so that the revenues generated by fees cover the cost of those services to the best extent possible. FINANCIAL STATEMENT: The proposed changes in user fees are anticipated to have a small positive impact on the revenue generated in the General Fund and will be used to offset the cost of providing the services. RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Balanced Budget and Economic Development Page 263 of 294 ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. Published in The Star News, on City Website and Posted on Bulletin Boards at City Hall. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Proposed Las Palmas Pool Fee Schedule Exhibit B – Dog License Fee Comparison Exhibit C – Public Notice Exhibit D – Resolution Exhibit E – Exhibit 1 to the Resolution – List of User Fee Changes Page 264 of 294 Las Palmas Pool Program Fees Proposed FeeFeeFeeCh ange 6 Recreation Swimming - adult resident $3.00 7 Recreation Swimming - youth resident 0-12 years $1.00 8 Recreation Swimming - senior resident 65 or older $1.50 9 Recreation Swimming - adult non-resident $4.00 $5.00 10 Recreation Swimming - youth non-resident 0-12 years $3.00 $4.00 11 Recreation Swimming - senior non-resident 55 or older $3.00 $4.00 12 Private Swim Lesson - resident per class $20.00 13 Private Swim Lesson - non-resident per class $30.00 14 Learn to Swim Program - resident per class $5.00 15 Learn to Swim Program - non-resident per class $7.00 16 Swim Pass (30 entries) - adult resident $45.00 17 Swim Pass (30 entries) - youth resident 0-12 years $20.00 18 Swim Pass (30 entries) - senior resident 65 or older $30.00 19 Swim Pass (30 entries) - adult non-resident $60.00 $75.00 20 Swim Pass (30 entries) - youth non-resident 0-12 years $45.00 $60.00 21 Swim Pass (30 entries) - senior non-resident 65 or older $45.00 $60.00 Monthly Memberships – adult resident $36.00 Monthly Memberships – senior and youth resident $18.00 Monthly Memberships – household residents (2 adults, 3 children) $108.00 Monthly Memberships – additional youth resident $7.20 Monthly Memberships – adult non-resident $48.00 Monthly Memberships – senior and youth non-resident $36.00 Monthly Memberships – household non-residents (2 adults, 3 children) $204.00 Monthly Memberships – additional youth non-resident $14.40 22 Swim Team - youth novice per month $50.00 23 Swim Team - youth intermediate per month $60.00 24 Swim Team - youth advanced per month $75.00 25 Masters Swim per month $30.00 26 Masters Swim per day $5.00 27 Water Polo Clinic - resident per class $5.00 28 Water Polo Clinic - non-resident per class $7.00 29 American Red Cross Lifeguard Training Course $100.00 $175.00 30 American Red Cross CPR Course $50.00 31 American Red Cross First Aid Course $50.00 Las Palmas Pool Facility Rental Fees 32 Lifeguard Fee - per hour, per guard $25.00 33 Pool Rental 50 meter lane - schools per lane, per hour $12.00 34 Pool Rental 50 meter lane - non-profit per lane, per hour $15.00 35 Pool Rental 50 meter lane - commercial per lane, per hour $20.00 36 Pool Rental whole pool - schools per hour $100.00 37 Pool Rental whole pool - non-profit per hour $130.00 38 Pool Rental whole pool - commercial per hour $175.00 39 Pool Rental water polo course - schools per hour $75.00 Page 265 of 294 40 Pool Rental water polo course - non-profit per hour $85.00 41 Pool Rental water polo course - commercial per hour $100.00 42 Pool Snack bar rental - schools per hour $2.00 43 Pool Snack bar rental - non-profit per hour $5.00 44 Pool Snack bar rental - commercial per hour $10.00 45 Pool Birthday Party (2 hours) - resident $150.00 $250.00 46 Pool Birthday Party (2 hours) - non-resident $200.00 $300.00 Kids Day Out Program – youth resident $15.00 Kids Day Out Program – youth non-resident $20.00 Page 266 of 294 Dog License Fees As of June 2023 City Altered 1yr Altered 2yr Altered 3yr Unaltered 1yr Unaltered 2yr Unaltered 3Yr Coronado 14.00$ 22.00$ 28.00$ 24.00$ 42.00$ 55.00$ Lemon Grove 15.00$ NA 35.00$ 40.00$ NA 75.00$ La Mesa 18.00$ 33.00$ 45.00$ 36.00$ 66.00$ 90.00$ City of San Diego 18.00$ 33.00$ 45.00$ 36.00$ 66.00$ 90.00$ El Cajon 18.00$ 33.00$ 45.00$ 36.00$ 66.00$ 90.00$ Imperial Beach 18.00$ 33.00$ 45.00$ 36.00$ 66.00$ 90.00$ Chula Vista 20.00$ 25.00$ 30.00$ 40.00$ 50.00$ 60.00$ City of National City 45.00$ 56.00$ 66.00$ 60.00$ 82.00$ 102.00$ Increase over next highest 25.00$ 23.00$ 21.00$ 20.00$ 16.00$ 12.00$ Proposed 25.00$ 35.00$ 45.00$ 40.00$ 60.00$ 80.00$ Page 267 of 294 CITY OF NATIONAL CITY CITY COUNCIL NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing to consider updating fees in the City’s Fee Schedule. DATE OF MEETING: Tuesday, October 3, 2023 TIME OF MEETING: 6:00 p.m. LOCATION OF MEETING: City Of National City 1243 National City Blvd. National City CA 91950 PROJECT NAME: Fee Schedule Update STAFF: Molly Brennan, Admin Services Director EMAIL: mbrennan@nationalcityca.gov PHONE NUMBER: (619) 336-4265 Interested persons may provide public comment in favor or against the item by appearing in person at the above-described meeting or by email to the City Clerk at publiccomment@nationalcityca.gov at least 2 hours prior to the City Council Meeting to allow time for distribution to the City Council. For more information, visit: https://www.nationalcityca.gov/government/city-clerk/public-comments. If you challenge the matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk at or prior to the public hearing. Any person with a disability who requires a modification or accommodation in order to participate in a meeting should direct such request to the City Clerk’s Office (619) 336-4228 at least 24 hours in advance of the meeting. Hearing-impaired persons, please use the CAL Relay Service Number 711. Spanish Interpretation Services: Spanish Interpretation Services are available; please contact the City Clerk prior to the start of the meeting for assistance. Shelley Chapel, MMC, City Clerk, City of National City Published in the Star News, Friday, September 22 and September 29, 2023 Page 268 of 294 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA ADOPTING UPDATED CITY USER FEES WHEREAS, cities throughout the State face limited financial resources, making it critical for cities to ensure their fees for requested services reflect the cost recovery that is consistent with California law and do not exceed the estimated reasonable cost of providing the service for which the fee is charged; and WHEREAS, a user fee is a charge for service provided by a governmental agency to the public for services that primarily benefit individual users rather than the community at large; and WHEREAS, since the last fee update in July 2022, a few of the City’s services have changed and there is the need to make a handful of updates to the current fee schedule; and WHEREAS, a Public Hearing was noticed and held in accordance with State law; and WHEREAS, fee changes do not become effective for sixty (60) days, therefore the updates adopted will become effective on December 4, 2023; and 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 adoption of the user fees as listed in Exhibit 1, while all other user fees adopted by Resolution 2022-61 shall remain the same. 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 3rd day of October, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 269 of 294 CITY OF NATIONAL CITY MASTER FEE SCHEDULE UPDATES Adopted October 3, 2023 – Effective December 4, 2023 Highlights reflect changes Page 270 of 294 COMMUNITY SERVICES # Description Fee Las Palmas Pool Program Fees 6 Recreation Swimming - adult resident $3.00 7 Recreation Swimming - youth resident 0-12 years $1.00 8 Recreation Swimming - senior resident 65 or older $1.50 9 Recreation Swimming - adult non-resident $5.00 10 Recreation Swimming - youth non-resident 0-12 years $4.00 11 Recreation Swimming - senior non-resident 55 or older $4.00 12 Private Swim Lesson - resident per class $20.00 13 Private Swim Lesson - non-resident per class $30.00 14 Learn to Swim Program - resident per class $5.00 15 Learn to Swim Program - non-resident per class $7.00 16 Swim Pass (30 entries) - adult resident $45.00 17 Swim Pass (30 entries) - youth resident 0-12 years $20.00 18 Swim Pass (30 entries) - senior resident 65 or older $30.00 19 Swim Pass (30 entries) - adult non-resident $75.00 20 Swim Pass (30 entries) - youth non-resident 0-12 years $60.00 21 Swim Pass (30 entries) - senior non-resident 65 or older $60.00 Monthly Membership – adult resident $36.00 Monthly Membership – senior and youth resident $18.00 Monthly Membership – household residents (2 adults, 3 children) $108.00 Monthly Membership – additional youth resident $7.20 Monthly Membership – adult non-resident $48.00 Monthly Membership – senior and youth non-resident $36.00 Monthly Membership – household non-resident (2 adults, 3 children) $204.00 Monthly Membership – additional youth non-resident $14.40 22 Swim Team - youth novice per month $50.00 23 Swim Team - youth intermediate per month $60.00 24 Swim Team - youth advanced per month $75.00 25 Masters Swim per month $30.00 26 Masters Swim per day $5.00 27 Water Polo Clinic - resident per class $5.00 28 Water Polo Clinic - non-resident per class $7.00 29 American Red Cross Lifeguard Training Course $175.00 30 American Red Cross CPR Course $50.00 31 American Red Cross First Aid Course $50.00 Las Palmas Pool Facility Rental Fees 32 Lifeguard Fee - per hour, per guard $25.00 33 Pool Rental 50 meter lane - schools per lane, per hour $12.00 34 Pool Rental 50 meter lane - non-profit per lane, per hour $15.00 35 Pool Rental 50 meter lane - commercial per lane, per hour $20.00 36 Pool Rental whole pool - schools per hour $100.00 37 Pool Rental whole pool - non-profit per hour $130.00 38 Pool Rental whole pool - commercial per hour $175.00 Page 271 of 294 39 Pool Rental water polo course - schools per hour $75.00 40 Pool Rental water polo course - non-profit per hour $85.00 41 Pool Rental water polo course - commercial per hour $100.00 42 Pool Snack bar rental - schools per hour $2.00 43 Pool Snack bar rental - non-profit per hour $5.00 44 Pool Snack bar rental - commercial per hour $10.00 45 Pool Birthday Party (2 hours) - resident $250.00 46 Pool Birthday Party (2 hours) - non-resident $300.00 Kids Day Out Program – youth resident $15.00 Kids Day Out Program – youth non-resident $20.00 Recreation Program Fees 47 Tiny Tots - resident per session $40.00 48 Tiny Tots - non-resident per session $80.00 49 Contractual Classes Revenue Sharing - Instructor/City 70%/30% 50 Recreation Program - adult resident 40% of the cost 51 Recreation Program - adult non-resident 70% of the cost 52 Recreation Program - youth resident 15% of the cost 53 Recreation Program - youth non-resident 70% of the cost 54 Summer Camp - youth resident 25% of the cost 55 Summer Camp - youth non-resident 50% of the cost 56 Membership Card Fee - non-resident $2.00 57 Membership Card Replacement $2.00 58 Open Play Sports & Fitness Center - adult non-resident per day $2.00 Page 272 of 294 FINANCE # Description Fee 1 Pet License Admin Fee $10.00 Page 273 of 294 HOUSING & ECONOMIC DEVELOPMENT # Description Fee 1 Subordination Fee $375.00 2 Monitoring Fee Per Unit $215.00 3 Density Bonus Application Processing Fee $750.00 4 Subordination Re-Check Fee $105.00 5 Reconveyance Fee $180.00 Page 274 of 294 POLICE # Description Fee 1 Dog License, 1 year unaltered $30.00 2 Dog License, 1 year altered $15.00 3 Dog License, 2 year unaltered $50.00 4 Dog license, 2 year altered $25.00 5 Dog License, 3 year unaltered $70.00 6 Dog License, 3 year altered $35.00 28 Accident Report – Insurance & Attorneys $30.00 Page 275 of 294 AGENDA REPORT Department: Housing Authority Prepared by: Angelita Palma, Housing Programs Manager Meeting Date: Tuesday, October 3, 2023 Approved by: Ben Martinez, Interim City Manager SUBJECT: Exclusive Negotiating Agreement Between the City of National City and Tower 999, LLC for the Disposition of City-Owned Real Property located at 921, 925, and 929 National City Boulevard. RECOMMENDATION: Approve a Resolution Entitled, “Resolution of the City Council of the City of National City, California, Authorizing the City Manager to Execute a Second Amendment to the Exclusive Negotiating Agreement By and Between the City of National City and Tower 999, LLC, A Nevada Limited Liability Company for the Disposition of City-Owned Real Property Located at 921, 925, And 929 National City Boulevard and Development of a Seven-Story, Mixed-Use Building with Approximately 9,294 Square Feet of Retail/Commercial Space and 127 Rental Dwelling Units. BOARD/COMMISSION/COMMITTEE PRIOR ACTION: Not Applicable. EXPLANATION: Background The City of National City is the owner of certain real property generally located at 921, 925 and 929 National City Boulevard (APN’s 556-471-03 and 556-471-04) (collectively, “City Property”). Developer is the owner of certain real property generally located at 999 National City Boulevard (APN 556-471-17) (“Developer Property”). The Developer Property is adjacent to the City Property. The Developer desires to acquire the City Property from the City and thereafter develop a seven-story, mixed-use building with approximately 9,294 square feet of ground floor retail/commercial space and 127 residential dwelling units (collectively, the “Project”) on the Developer Property and City Property (collectively referred to as the “Project Property”). On October 4, 2022, the City Council authorized negotiations for an Exclusive Negotiating Agreement (“ENA”) with Tower 999, LLC (“Developer”) to establish terms and conditions to consider for the disposition and development of the City-owned real property located at 921, 925, and 929 National City Boulevard, National City. Following the City Council's authorization of negotiations for an ENA. The ENA allows for an “Exclusive Negotiating Period” between the Developer and the City. During the Exclusive Negotiating Period, the City agreed to exclusively negotiate with the Developer. The Developer agreed to exclusively negotiate with the City regarding the Developer’s acquisition of the City Property from the City. This period also allows for the facilitation of the eventual drafting of an agreement (“Project Agreement”) pursuant to which the City would sell the City Property to the Developer, and the Developer would construct the Project on the Project Property. Page 276 of 294 On January 17, 2023, the City Council executed an Exclusive Negotiating Agreement (“ENA”) by and between the City of National City and Tower 999, LLC (“Developer”) that established terms and conditions to consider for the disposition and development of the City-owned real property located at 921, 925, and 929 National City Boulevard, National City (Exhibit “A”). The City and Developer negotiated diligently and in good faith to carry out the obligations of the ENA during the Exclusive Negotiating Period. A summary of obligations under the ENA include: Negotiation of the price and terms of sale for the City Property (both) Appraisal of the City Property (both) Approvals from all taxing entities (Developer) Due diligence (Developer) Proposed schedule for development of the Project (Developer) Financial pro forma (Developer) Preliminary evidence of financial viability to complete the development of the Project (Developer) Name and qualifications of the proposed architect for the Project (Developer) Project refinement (concept schematic design and site plan, detailed Project proforma, evidence of the Developer's financial capacity to complete the Project, and detailed descriptions of the responsibilities, schedule, and financial parameters for the design and development of the Project) prior to entry into the Project Agreement (Developer) Costs and expenses of activities related to the ENA (Developer) Draft a mutually acceptable Project Agreement for the development of the Project (both) Amendment No. 1 On July 15, 2023, upon written request from the Developer, the City Manager agreed to extend the Exclusive Negotiating Period to October 16, 2023 (Exhibit “B”). Since January 17, 2023, the City and Developer have been making progress on the obligations during the Exclusive Negotiating Period. Several obligations under the ENA (i.e., approvals from all taxing entities) are taking longer and require more time. Extension Request On behalf of the Developer, City staff is requesting a six-month extension to complete the obligations under the ENA. Upon approval from the City Council on October 3, 2023, the term of the Exclusive Negotiating Period will be extended to April 16, 2024. With an option to extend three (3) additional months by the City Manager. (Exhibit “C”) At the conclusion of the ENA, staff will return to the City Council for further direction. If the parties are successful in negotiating the terms of the Project Agreement, the Project Agreement will require the City Council’s approval and authorization. FINANCIAL STATEMENT: At the time of execution of the ENA, the City required the Developer to pay the costs and expenses of activities related to developing the ENA, including internal costs and third-party costs. At the time of execution of the ENA, the Developer deposited $25,000 with the City (“Reimbursement Fund”). There is a remaining balance in the account to reimburse costs incurred by the City. Upon the City’s request, the Developer shall make additional deposits to the Reimbursement Fund to maintain a $25,000 balance. The City shall use the Reimbursement Fund to pay for the City’s actual costs, including internal costs and third-party costs, incurred during the ENA and Project Agreement terms until the transfer of the City Property to the Developer. Page 277 of 294 RELATED CITY COUNCIL 2020-2025 STRATEGIC PLAN GOAL: Housing and Community Development ENVIRONMENTAL REVIEW: This is not a project under CEQA and is therefore not subject to environmental review.CCR15378; PRC 21065. PUBLIC NOTIFICATION: Agenda Report posted within 72 hours of meeting date and time in accordance with Brown Act. ORDINANCE: Not Applicable EXHIBITS: Exhibit A – Executed Exclusive Negotiating Agreement Exhibit B – Executed Exclusive Negotiating Agreement Amendment No. 1 Exhibit C – Executed Exclusive Negotiating Agreement Amendment No. 2 Exhibit D – Resolution Page 278 of 294 EXCLUSIVE NEGOTIATING AGREEMENT (Tower 999,LLC) This Exclusive Negotiating Agreement (“Agreement”)is dated as of the 17th day of J anuary,2023, by and between the City of National City (“City”)and Tower 999,LLC,a Nevada limited liability company (“Developer”). RECITALS A.The City is the owner of certain real property generally located at 921,925 and 929 National City Boulevard (APN’s 556-471-03 and 556-471-04)(collectively,the “City Property”). B.Developer is the owner of certain real property generally located at 999 National City Boulevard (APN 556-471-17)(“Developer Property”).The Developer Property is adjacent to the City Property.The Developer Property and City Property are collectively referred to herein as,the “Proj ect PropeIty.” C.Developer desires to acquire the City Property from the City and thereafter develop a seven—story,mixed-use building With approximately 9,294 square feet of ground floor retail/commercial space and 127 residential dwelling units (collectively,the “Project”)on the Project Property. D.The City and Developer are interested in negotiating an agreement (“Project Agreement”)pursuant to which the City would sell the City Property to the Developer and the Developer would construct the Proj ect on the Proj ect Property. E.The purpose of this Agreement is to establish a period during which Developer and the City shall exclusively negotiate with one another With respect to:(i)the Developer’s acquisition of the City Property from the City;and (ii)establishment of the terms of a Project Agreement. NOW,THEREFORE,Developer and the City,hereby agree as follows: 1.Exclusive Negotiating Period.“Exclusive Negotiating Period”means the period of time commencing on the date first set above and ending on July 17,2023.Notwithstanding the foregoing,upon the writtenvrequest 0f the Developer,the City Manager may,in the sole discretion of the City Manager,agree to extend the term of the Exclusive Negotiating Period to October 16, 2023.During the Exclusive Negotiating Period,the City agrees to exclusively negotiate With Developer and Developer agrees to exclusively negotiate with the City regarding:(i)the Developer’s potential acquisition of the City Property from the City;and (ii)establishment of the terms of the Project Agreement.The City and Developer shall negotiate diligently and in good faith to carry out the obligations of this Agreement during the Exclusive Negotiating Period. Page 279 of 294 2.City Property. (a)Negotiation of the Price and Terms of Sale.During the Exclusive Negotiating Period,the City and Developer shall negotiate the terms of the Developer’s potential acquisition of the City Property from the City,including Without limitation,establishment of the purchase price payable by the Developer for the City Property.Closing costs,escrow fees,transfer taxes, and all other costs shall be paid‘by Developer. (b)Appraisal.The City’s entry into the Proj ect Agreement is contingent upon an appraisal to determine the fair market value of the City Propeity,i.e.,the amount Which a buyer would pay for the City Property in an arm’s-length transaction.The appraisal shall be performed during the Exclusive Negotiating Period by an appraiserjointly selected by the City and Developer, which appraiser shall hold an MAI designation from the Appraisal Institute and have at least five (5)years of experience in appraising commercial properties in San Diego County.The Developer shall pay all costs of the appraiser and appraisal.The City and Developer acknowledge that the sales price payable by the Developer for the City Property may or may not be equal to the appraised fair market value of the City Property. (c)Sale Contingent 0n Approvals From All Taxing Entities.Any sale of the City Property requires approvals fi‘om all of the various taxing entities.During the Exclusive Negotiating Period,Developer shall be responsible for obtaining such approvals from the Various taxing entities. (d)Due Diligence.During the Exclusive Negotiating Period,the Developer and its representatives,consultants and attorneys shall have access to the City Property.Developer shall indemnify and defend the City,and shall hold the City,the City’s agents and employees and the City Property harmless from,any and all actions,losses,costs,damages,claims and/or liabilities, including but not limited to,mechanics’and materialmen’s liens and attorney fees,proximately caused by the actions of Developer and/or its consultants,contractors,subcontractors or agents upon the Property.The Developer shall not permit any mechanics’liens,materialmen’s liens, contractors’liens,subcontractors’liens or any other liens arising from any acts,omissions or work done by the Developer or its agents to stand against the City Property.If any such lien shall be filed against the City Property,the Developer shall cause the same to be discharged or bonded by payment,deposit,bond or otherwise within thirty (3 0)days after actual notice of such filing.The Developer’s obligations under this Section 2(d)shall survive the termination or expiration of this Agreement.The Developer shall not perform any invasive testing at the City Property Without the City’s written consent,Which consent may be withheld or granted on conditions in the City Manager’s sole discretion.The Developer shall promptly restore the City Property to the condition the City Property was in immediately prior to any tests or inspections conducted pursuant to this Section 2(0),at the Developer’s sole cost and expense.The Developer shall provide the City With a complete set of plans,drawings and specifications (“Invasive Testing Plans”)that define,to the sole satisfaction of the City Manager,the invasive testing to be performed on the City Property and the names of all environmental and other consultants,contractors,subcontractors and agents who will be performing such invasive testing (collectively “Developer’s Consultants”).The Developer shall deliver the names of the Developer’s Consultants and the Invasive Testing Plans to the City concurrently With its request to the City to perform invasive testing.Before Developer Page 280 of 294 or any Developer’s Consultants enter onto the City Property,Developer shall furnish to City with evidence of commercial general liability insurance from an insurer authorized to do business in the State of California,Which is reasonably acceptable to the City,insuring against claims for bodily injury,death or damage to property in the amount of not less than $4,000,000 and not less than $2,000,000 in a single occurrence,endorsed to name the City as an additional insured. 3.Concep‘tual Development Proposal. (21)Anticipated Project Design.The Project is currently envisioned as a seven-story, mixed~use building With approximately 9,294 square feet of ground floor retail/commercial space and 127 residential dwelling units.The 127 residential dwelling units are anticipated to be comprised of sixty-three (63)studio dwelling units,fifly-six (56)one—bedroorn dwelling units and eight (8)two-bedroorn dwelling units.Any changes to the Project from what is currently envisioned,shall be subject to the City Manager’s reasonable discretion. (b)Affordability.Twenty percent (20%)0f the dwelling units in the Project shall be restricted as affordable to households with incomes at or below fifty percent (50%)of the area median income.An additional twenty percent (20%)of the dwelling units in the Proj ect shall be restricted as affordable to households With incomes at or below sixty percent (60%)0f the area median income.The size,bedroo1n counts and quality of finishes and appliances of the affordable units shall be the same as the market—rate units and the affordable units shall be distributed evenly throughout the Project.Subject to change based on the Developer’s forthcoming agreement with Southwestern College to allocate units for student housing,provided,however,any such change shall be subject to the approval of the City Manager in the City Manager’s reasonable discretion. The affordable units shall be restricted for 55 years Via affordability covenants in favor of the City, which shall be recorded against fee title to the Project Property senior to all monetary liens.The affordability covenants shall be secured by a deed of trust made by Developer in favor of the City recorded against fee title to the Project Property subordinate to all monetaiy liens.To the extent the Project Property is transferred to the Developer and the Project has not obtained a certificate of occupancy Within two years from the date of transfer7 the City shall have the right to foreclose on the deed of trust. (0)Developer Deliveries.During the Exclusive Negotiating Period,the Developer shall provide to the City: (1)A proposed schedule for development of the Project. (2)A financial pro forma which contains:(i)a projected development budget for the Project,(ii)a projected sources and uses analysis,(iii)a 55-year cash flow analysis,(iv)a proposed rent schedule and utility allowance schedule,and (v)a proj ected operating budget for the Proj ect. (3)Preliminary evidence (meaning letters of intents from investors and/or lenders,as applicable)that the Developer is financially Viable with proposed sources of equity and financing required to complete the development of the Proj ect. Page 281 of 294 (4)The name and qualifications of the architect which Developer proposes to use.The City Manager will approve or disapprove the proposed architect in the sole and absolute discretion of the City Manager. (d)Project Refinement.Prior to entry into the Proj ect Agreement,the Developer shall (i)deliver to the City a refined concept schematic design and site plan including elevations;(ii) deliver to the City a detailed Project proforma;(iii)deliver to the City proof of the Developer’s financial capacity to complete the Project;and (iv)provide the City with detailed descriptions of the responsibilities,schedule,and financial parameters for the design and development of the Project. (e)Limitation on City Approvals Hereunder.It is anticipated that the Proj ect Will be presented to the City Council for approval.The Developer understands,acknowledges and agrees that the City reserves the right to exercise its sole and absolute discretion as to all matters with respect to Pfoj ect approval,including,but not be limited to the following: (1)The City has the complete and unfettered discretion to reject the Project or Proj ect Agreement without explanation or cause. (2)The City shall not have any duty to convey the City Property without at minimum making all necessary findings and conclusions which the City may be required to make, including all necessary findings and determinations required under CEQA and all applicable State and local land use provisions.As to any matter Which the City or City Manager may be required to exercise its unfettered discretion in advancing the Proj ect to completion,neither anything contained in this Agreement,nor to be contained in the Project Agreement shall obligate the City to exercise its discretion in any particular manner,and any exercise of discretion reserved hereunder or required by law,shall not be deemed to constitute a breach of the City’s duties under this Agreement. (3)By its execution of this Agreement,the City is not committing itself to,or agreeing to undertake,any activity requiring the subsequent exercise of discretion by the City,or any department thereof including,but not limited to:(i)approval of the Proj ect 0r execution of the Proj ect Agreement;(ii)the proposal,amendment,or approval of any land use regulation governing the Project Property;(iii)the provision of any financial assistance for the development of any public or private interest in real property;(iv)the acquisition or disposition of any real property; or (V)any other such activity. (4)This Agreement does not constitute a disposition of property or exercise of control over property by the City.The City’s execution of this Agreement is merely an agreement to enter into a period of exclusive negotiations according to the terms hereof,reserving final discretion and approval by the City as to the Proj ect,any proposed use of the Proj ect Property,the Project Agreement and all proceedings and decisions in connection therewith. 4.Costs and Expenses.The Developer shall be responsible for all costs and expenses in connection with all activities and negotiations undertaken by the Developer and/or City in connection with this Agreement.At the time of execution of this Agreement,Developer shall Page 282 of 294 deposit $25,000.00 with the City (“Reimbursement Fund”).The initial $25,000.00 deposit to the Reimbursement Fund shall not be refilndable.Upon City’s request,the Developer shall make additional deposits to the Reimbursement Fund to maintain a $25,000.00 balance in the Reimbursement Fund.Any portion of the Reimbursement Fund above the initial $25,000 Which is not utilized by the City shall be refundable to the Developer.City shall have the right to use the Reimbursement Fund to pay for City’s actual costs,including internal costs and third-party costs, incurred during the ENA and Proj ect Agreement terms until the transfer of the City Property to the Developer. 5.Approval and Negotiation 0f Proiect Agreement.If both the City and Developer are satisfied With the design and financial feasibility of the Proj ect,the City and Developer shall seek in good faith to negotiate and draft a mutually acceptable Proj ect Agreement for the development of the Project.However,by entering into this Agreement,neither the City,nor the Developer,is contractually bound to enter into a Proj ect Agreement. 6.Tennination/Expiration of Agreement.Except as this Agreement is extended or amended by mutual written agreement of the parties,if at the end of the Exclusive Negotiating Period,the City and Developer have not agreed upon a mutually acceptable Project Agreement,then this Agreement shall terminate,except for any obligations of the Developer set forth herein which specifically survive termination of this Agreement. 7.Nondiscrimination.Developer shall not discriminate against nor Segregate,any person,or group or persons on account of race,age,sexual orientation,sexual identity,marital status,color, religion,sex,handicap,or national origin in the sale,lease,sublease,transfer,use,occupancy, tenure 0r enjoyment of the Project,nor shall Developer establish or permit any such practice or practices of discrimination or segregation in the selection,location,number,use or occupancy of tenants,lessees,subtenants,sublessees 0r vendees of the Project. 8.Environmental Reguirements.Certain state and local environmental requirements (including,but without limitation,the California Environmental Quality Act of 1970,Public Resources Code Section 21000,et seq.)may be applicable to the proposed Project.Pursuant to such requirements,certain environmental documents may be required to be prepared and certified for the proposed Proj ect. 9.Notices.All notices under this Agreement shall be in writing and sent (a)by certified or registered US.mail,retum receipt requested,(b)overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx,or (c)by personal delivery.All notices shall be effective upon receipt (or refusal to accept delivery).All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto: To City:City ofNational City 1243 National City Boulevard National City,CA 91950 Attn:City Manager Page 283 of 294 Copy to:Christensen &Spath LLP 401 West A Street,Suite 2250 San Diego,CA 92101 Attn.Walter F.Spath,Esq. T0 Developer:Tower 999,LLC 10717 Camino Ruiz Suite 246 San Diego,CA 92126 10.Entire Agzeement.This Agreement constitutes the entire understanding and agreement of the parties,integrates all of the terms and conditions mentioned herein or incidental hereto,and supersedes all negotiations or previous agreements between the parties or their predecessors in interest With respect to all or any part of the subj ect matter hereof. 11.Amendment of Agxeement.N0 modification,rescission,waiver,release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the City and Developer. 12.Proiect Agreement to Supersede this Agreement.To the extent provided in the Project Agreement,this Agreement Will be superseded by the Project Agreement,if and When the proposed Project Agreement is executed by Developer and approved and executed by the City in a manner required by law. 13.Assignment Prohibited.In no event shall Developer assign or transfer any portion of Developer’s rights or obligations under this Agreement without the prior express written consent of the City Manager,Which consent may be withheld in the City Manager’s sole and absolute discretion.‘ 14.Time of Essence.Time is of the essence of every portion of this Agreement in Which time is a material part. 15.Governing Law;Attomeys’Fees.This Agreement shall be construed in accordance With the laws of the State of California.In the event of a dispute between the parties arising out of or in connection With this Agreement,Whether or not such dispute results in arbitration or litigation, the prevailing party (Whether resulting from settlement before or after arbitration or litigation is commenced)shall be entitled to have and recover from the losing party reasonable attomeys’fees and costs of suit incurred by the prevailing party. 16.Limited Confidentiality.The Developer acknowledges and agrees that the City is a public entity With a responsibility and,in many cases,legal obligation to conduct its business in a manner open and available to the public.Accordingly,any information provided by the Developer to the City may be disclosed to the public either purposely,inadvertently,or as a result of a public demand or order 17.Signatures and Counteggarts.This Agreement may be executed in counterparts,each of which,after all the parties hereto have signed this Agreement,shall be deemed original and such Page 284 of 294 counterparts shall constitute the same instrument.All individuals signing this Agreement for apartywhichisacorporation,limited liability company,partnership or other legal entity,or signingunderapowerofattorney,or as a trustee,guardian,conservator,or in any other legal capacity,covenant to the City that they have the necessary capacity and authority to act for,sign and bindtherespectiveentityorprincipalonwhosebehalftheyaresigning. IN WITNESS WHEREOF,the patties hereto have executed this Agreement as of the date first set forth above. DEVELOPER: Tower 999,LLC,a Nevada limited liability company By: Print Name:.l/l/Its:#6 MW [SIGNATURES CONTINUED ON FOLLOWING PAGE] Page 285 of 294 Attachment A CITY: City of Natw By: Brad ston,City Manager APPROVED AS TO FORM: Barry J.Sc ltz City Attorney Page 286 of 294 AMENDMENT TO THE EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TOWER 999, LLC THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this I day of July, 2023, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and TOWER 999, LLC of a Nevada limited liability company (the "DEVELOPER"). RECITALS WHEREAS, the CITY and the DEVELOPER entered into an Agreement for an Exclusive Negotiating Period on the 17^^ day of January, 2023 ("the Agreement"), for (i) the Developer's acquisition of the real property generally located at 921, 925 and 929 National City Boulevard (APN's 556-471-03 and 556-471-04) from the City; and (ii) establishment of the terms of a Project Agreement to develop a seven-story, mixed-use building with approximately 9,294 square feet of ground floor retail/commercial space and 127 residential dwelling units; and WHEREAS, the original term of the Agreement commenced on January 17, 2023 and was to end on July 17, 2023; and WHEREAS, the Agreement allows for the City Manager may, within the sole discretion of the City Manager, agree to extend the term of the Exclusive Negotiating Period to October 16, 2023; and WHEREAS, the DEVELOPER provided written request to extend the Agreement to October 16, 2023; and WHEREAS, the parties desire to amend the Agreement by extending the term to October 16, 2023. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The January 17, 2023 Agreement in exercise of the option provision is hereby amended to extend the term of the Agreement to October 16, 2023. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the January 17, 2023 Agreement shall remain in full force and effect. Amended Agreement Page 1 of2 City of National City and Revised February 2023 Tower 999, LLC. Page 287 of 294 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY Scott Huth, Acting City Manager APPROVED AS TO FORM: Barry J. Schlilt; City Attorney Tower 999, LLC 10717 Cannino Ruiz Suite 246 San Diego, OA 92126 (Corporation - signatures of two corporate officers required) (Partnership or Sole proprietorship - one signature) (Name) Joseph Brian Murray (Print) Authorized Signer ' (Tide) (Name) (Print) (Title) Amended Agreement Revised February 2023 -2. Page^of 2 City of National City and Tower 999, LLC. Page 288 of 294 Page 289 of 294 Page 290 of 294 Page 291 of 294 Page 292 of 294 RESOLUTION NO. 2023 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND AMENDMENT TO THE EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND TOWER 999, LLC, A NEVADA LIMITED LIABILITY COMPANY FOR THE DISPOSITION OF CITY-OWNED REAL PROPERTY LOCATED AT 921, 925, AND 929 NATIONAL CITY BOULEVARD AND DEVELOPMENT OF A SEVEN-STORY, MIXED-USE BUILDING WITH APPROXIMATELY 9,294 SQUARE FEET OF RETAIL/COMMERCIAL SPACE AND 127 RENTAL DWELLING UNITS. WHEREAS, the City of National City (“City”) is the owner of certain real property generally located at 921, 925, and 929 National City Boulevard (APN’s 556-471-03 and 556-471-04) (collectively, the “City Property”); and WHEREAS, Tower 999, LLC, a Nevada limited liability company (“Developer”) is the owner of certain real property generally located at 999 National City Boulevard (APN 556-471-17) (“Developer Property”). The Developer Property is adjacent to the City Property. The Developer Property and City Property are collectively referred to herein as the “Project Property;” and WHEREAS, Developer desires to acquire the City Property from the City and thereafter develop a seven-story, mixed-use building with approximately 9,294 square feet of ground floor retail/commercial space and 127 residential dwelling units (collectively, the “Project”) on the Project Property; and WHEREAS, the City and Developer are interested in negotiating an agreement (“Project Agreement”) pursuant to which the City would sell the City Property to the Developer and the Developer would construct the Project on the Project Property; and WHEREAS, the City Council, per Resolution 2023-04 authorized the City Manager to execute an Exclusive Negotiating Agreement between the City and the Developer to establish a period during which the Developer and the City shall exclusively negotiate with one another with respect to: (i) the Developer’s acquisition of the City Property from the City; and (ii) establishment of the terms of a Project Agreement (the “Agreement”); and WHEREAS, the original term of the Agreement commenced on January 17, 2023, and was to end on July 17, 2023; and WHEREAS, the Agreement allowed for the City Manager, within the sole discretion of the City Manager, to extend the term of the Exclusive Negotiating Period to October 16, 2023; and WHEREAS, the Developer provided a written request to extend the Agreement to October 16, 2023; and WHEREAS, on July 18, 2023, the parties executed a First Amendment to the Agreement by extending the term to October 16, 2023; and WHEREAS, the City and the Developer have been making progress during the Exclusive Negotiating Period, but several obligations under the Agreement are taking longer than anticipated and require more time; and Page 293 of 294 WHEREAS, City staff recommends a Second Agreement o the Agreement to extend the Agreement for six (6) months to April 16, 2024; for six (6) months to April 16, 2024; and WHEREAS, staff further recommends that the Second Amendment authorize the City Manager, in the sole discretion. of the City Manager, to extend the term of the Exclusive Negotiating Period an additional three (3) months to July 16, 2024, upon the written request of the Developer.. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: City Council hereby authorizes the City Manager to execute a Second Amendment to the Exclusive Negotiating Agreement by and between the City of National City and Tower 999, LLC, a Nevada limited liability company, for a term of (6) months to April 16, 2024. Section 2: City Council hereby authorizes the City Manager, in the sole discretion of the City Manager, to extend the term of the Exclusive Negotiating Period an additional three (3) months to July 16, 2024, upon written request of the developer. Section 2: 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 3rd day of October, 2023. Ron Morrison, Mayor ATTEST: Shelley Chapel, MMC, City Clerk APPROVED AS TO FORM: Barry J. Schultz, City Attorney Page 294 of 294