Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet Document CC 8-2-16
AGENDA OF AN ADJOURNED REGULAR MEETING - NATIONAL CITY CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OFTHE CITY OF NATIONAL CITY 4,- CALIFORNIA ^� NATIONAL CITY `NCo$poRATBD RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, AUGUST 2, 2016 - 5:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of 1 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacian en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 1. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of . (City Clerk) 2. Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Southern California Soil & Testing, Inc. (SCS&T) to extend the expiration date of the Agreement one year to August 4, 2017, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and material testing. (Engineering/Public Works) 3. Resolution of the City Council of the City of National rescinding Resolution No. 15,222 adopted by City Council on February 24, 1987, to remove parking restrictions for the cul-de-sac on the 3300 Block of E. 9th Street. (Public Work) 4. Resolution of the City Council of the City of National authorizing the appropriation of $3,000 in the Trash Rate Stabilization M&O account #172-416-225-299-0000 for contract services from Trash Rate Stabilization Fund fund balance to be used for tire recycling services.(Engineering/Public Works) 3 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 4 5. Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $2,500 from SDG&E's 2016 SAFE San Diego philanthropic giving initiative for the National City Community Emergency Response Team (CERT). (Fire) 6. Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement, between the City of National City and National School District, to provide swim lessons for third grade students at Las Palmas Pool; for the period August 8, 2016 through January 31, 2017 the agreement generates $40,000 in revenue. (Community Services) 7 Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters Association employee group for fiscal year 2017, effective August 2, 2018, in compliance with the requirements of the California Public Employees Retirement System (CaIPERS) (Human Resources) 8. Resolution of the City Council of the City of National City approving a revised salary schedule for the Management employee group for Fiscal Year 2017 in compliance with the requirements of the California Public Employees Retirement System (CaIPERS), increasing the salary bands for Assistant Director of Public Works/Engineering and Police Captain. (Human Resources) 9. Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees Retirement System (CaIPERS), including a 2% salary adjustment for all Confidential employee group classifications. (Human Resources) 10. Investment transactions for the month ended May 31, 2016. (Finance) 11. Investment Report for the quarter ended June 30, 2016. (Finance) 12. Warrant Register #48 for the period of 05/25/16 through 05/31/16 in the amount of $589,818.81. (Finance) 13. Warrant Register #49 for the period of 06/01/16 through 06/07/16 in the amount of $2,952,133.53. (Finance) 14. Warrant Register #50 for the period of 06/08/16 through 06/14/16 in the amount of $818,658.24. (Finance) 4 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 5 15. Warrant Register #51 for the period of 06/15/16 through 06/21/16 in the amount of $2,555,094.36. (Finance) 16. Warrant Register #52 for the period of 06/22/16 through 06/28/16 in the amount of $656,714.71. (Finance) PUBLIC HEARINGS 17. Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) 18. Public Hearing — Conditional Use Permit for a craft beer tasting room (Novo Brazil) at 27 & 41 East 8th Street. (Applicant: Joshua Renner) (Case File 2016-12 CUP) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 19. Resolution of the City Council of the City of National City denying a street vacation request for vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC) (Planning) 20. Resolution of the City Council of the City of National City approving the Final Audit Report for the Morgan Square Business Improvement District for the period from January 1, 2008 through and including June 30, 2014 21. Resolution of the City Council of the City of National City, 1) authorizing the City Manager to execute Earmark Repurposing sheets for submittal to SANDAG to repurpose Federal earmarked SAFETEA-LU funds in the amount of $611,931 from the 1-805 sound walls project to local roadway rehabilitation projects; and 2) committing to a 20% local match in the amount of $152,983 using local Prop A TransNet funds, as required for repurposing. (Engineering/Public Works) NEW BUSINESS 22. Temporary Use Permit 8th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 29, 2016 from 10 a.m. to 3 p.m. at 2400 E. 4th Street with no waiver of fees. (Neighborhood Services) 23. League of California Cities Annual Conference - Designation of Voting Delegate and Alternate(s). (City Manager) 5 of 269 CC/CDC-HA Agenda 8/2/2016 Page 6 B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - August 16, 2016 - 6:00 p.m. - Council Chambers - National City, California. 6 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 7 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Southern California Soil & Testing, Inc. (SCS&T) to extend the expiration date of the Agreement one year to August 4, 2017 7 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with Southern California Soil & Testing, Inc. (SCS&T) to extend the expiration date of the Agreement one year to August 4, 2017, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and material testing. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BYE. 40117-4--4-‘ FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are appropriated in various CIP accounts for FY 2017. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution executing a First Amendment to the Agreement with Southern California Soil & Testing, Inc. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution Finance MIS 8 of 269 Explanation: On August 5, 2014, per City Council Resolution No. 2014-103, the City of National City entered into an Agreement with Southern California Soil & Testing, Inc. to provide on -cal! project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and materials testing. The Agreement was for a not - to -exceed amount of $300,000 and a term of two years, with the option to extend for an additional period of up to one year. The City's current 5-Year CIP is projected to deliver over $90 million in major public improvements. In order to continue timely completion of Capital Improvement Projects, staff is requesting a First Amendment to the Agreement to extend the expiration date of the Agreement one year to August 4, 2017. Funds are appropriated in various C1P accounts for FY 2017 9 of 269 FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, INC. This First Amendment to the Agreement is entered into this 2nd day of August, 2016 by and between the City of National City, a municipal corporation ("CITY"), and Southern California Soil & Testing, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on August 5, 2014, ("the Agreement") through the adoption of City of National City Council Resolution No. 2014-103, wherein the CONSULTANT agreed to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, geotechnical, soils and materials testing. WHEREAS, the original Agreement had a not -to -exceed amount of $300,000; and WHEREAS, the original Agreement is set to expire on August 4, 2016, with the option to extend for an additional period of up to one year, through August 4, 2017; and WHEREAS, the parties desire to extend the expiration date of the Agreement one year to August 4 , 2017. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on August 5, 2014 as follows: 1. Extend the expiration date of the Agreement one year to August 4, 2017. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated August 5, 2014, shall remain in full force and effect. <Signature page to follovv> 10 of 269 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written. CITY OF NATIONAL CITY SOUTHERN CALIFORNIA SOIL & TESTING By: By: Ron Morrison, Mayor Neal W. Clemens, C.E.O APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney By: Emil Rudolf, Principal Engineer 11 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 12 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National rescinding Resolution No. 15,222 adopted by City Council on February 24, 1987, to remove parking restrictions for the cul-de-sac on the 3300 Block of E. 9th Street. (Public Work) 12 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National rescinding Resolution No. 15,222 adopted by City Council on February 24, 1987, to remove parking restrictions for the cul-de-sac on the 3300 Block of E. 9th Street. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution rescinding Resolution No. 15,222 adopted by City Council on February 24, 1987, to remove parking restrictions for the cul-de-sac on the 3300 Block of E. 9th Street. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Location Map 3. Fire Department Letter dated February 12, 1987 4. Resolution 13 of 269 Explanation: On February 24, 1987, City Council adopted Resolution No. 15,222 authorizing establishment of angle parking, red curb and no parking zone within the cul-de-sac on the 3300 block of E. 9th Street to facilitate a "hammerhead" turn -around area for emergency vehicles. See attached letter from the Fire Department, dated February 12, 1987, which highlights the recommendations. Based on feedback from residents, the City Engineer and Fire Marshall inspected the 3300 block of E. 9th Street and cul-de-sac on July 19, 2016, to determine whether or not parking restrictions are needed to facilitate emergency service. Field measurements taken confirm that the length of the street to the center of the cul-de-sac is approximately 150 feet, while the width of the street measured from curb -to -curb is approximately 40 feet. The diameter of the cul-de-sac is approximately 60 feet. There was no red curb or angle parking painted within the cul-de-sac. As such, vehicles were parked parallel around the cul-de-sac, and along both sides of the street. The California Fire Code does not require a turn -around area for emergency vehicles if the length of a dead end street is 150 feet or less, and there is a minimum width of 20 feet clear from obstructions. Based on the results of the field inspection, both the Fire Marshall and City Engineer concur that the intent of the Fire Code is being satisfied without the need for parking restrictions. Therefore, staff recommends rescinding Resolution No. 15,222 adopted by City Council on February 24, 1987, to remove parking restrictions for the cul-de-sac on the 3300 Block of E. 9th Street. Notifications were sent to all residents of the 3300 block of E. 9th Street two weeks in advance of the Council Meeting. 14 of 269 LOCATION MAP - 3300 BLOCK E. 9TH STREET 15 of 269 City of National City Fire Department 333 E. 16th St., National City, CA 92050-4596 Phone: (619) 336-4270 February 12. 1987 =L. Re: Fire Lane Turn -around Dear Owner or Current Resident, The National City Fire Department has developed an alternative to the subject fire lane for your cul-de-sac. Instead of a designated fire lane around the curb of the cul-de- sac, a "hammerhead" turn -around for fire apparatus will be designated in an area 20 ft. wide by approx. 58 ft. long; 344 ' NO PftR�i a e Ztl 3 c b WI gig t► Z011 4r No parking will be allowed in this area which will be marked with red paint and white lettering Angle parking for two (2) cars only will be allowed in front of 3004 and 3005 E. 9th St. Parallel parking will be allowed in front of 3012 and 3015 E. 9th St. A red curb with no parking allowed will be provided in front of 3016 E. 9th St. The National City Fire Department has been directed by the City Council to provide them with a final disposition on this matter at the February 24. 1987 council meeting. Please fill out the form attached with your consideration of this new proposal and return no later than Feb. 17. 1987 to: 16 of 269 July 20, 2016 -- CALIFORNIA —4- NATIONAL CITV CORPORA1 VD Property Owner(s)/Resident(s)/Institution National City, CA 91950 RE: 3300 BLOCK OF E. 9TH STREET STAFF RECOMMENDATION TO REMOVE ALL PARKING RESTRICTIONS FOR THE CUL-DE-SAC ON THE 3300 BLOCK OF E. 9TH STREET TO ALLOW FOR UNRESTRICTED PARALLEL PARKING Dear Sir/Madame: The City of National City would like to inform you that this item will be presented to the City Council of the City of National City on Tuesday, August 2, 2016, at 6:00 P.M. The public meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. Sincerely, 7. Stephen Manganiello City Engineer SM:tg 1243 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 17 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 18 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National authorizing the appropriation of $3,000 in the Trash Rate Stabilization M&O account #172-416-225-299-0000 for contract services from Trash Rate Stabilization Fund fund balance to be used for tire recy 18 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National authorizing the appropriation of $3,000 in the Trash Rate Stabilization M&O account #172-416-225-299-0000 for contract services from Trash Rate Stabilization Fund fund balance to be used for tire recycling services. PREPARED BY Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: In an effort to keep our streets and alleys clean of debris, Public Works staff has requested funding to pay for tire recycling services, which will allow PW crews to drop off tires collected from illegal dumping in City streets and alleys to tire recycling centers. DEPARTMENT: Engineering/Public Works APPROVED BY: Fund balance is available in Fund 172 - Trash Rate Stabilization Fund. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: f f'� Finance t AT MIS Transfer $3,000 from Fund 172 Fund Balance to M&O expenditure account #172-416-225-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution appropriating $3,000 in the Trash Rate Stabilization I'v18:0 account #172-416-225-299-0000 for contract services from Trash Rate Stabilization Fund fund balance to be used for tire recycling services. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Resolution CC/CDC-HA Agenda 8/2/2016 — Page 20 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $2,500 from SDG&E's 2016 SAFE San Diego philanthropic giving initiative for the National City C 20 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $2,500 from SDG&E's 241E SAFE San Diego philanthropic giving initiative for the National City Community Emergency Response Team (CERT). (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 019-336-4551' APPROVED BY: _ > EXPLANATION: Through SDG&E's 2016 SAFE San Diego philanthropic giving initiative, SDG&E will award $1 million to more than 80 non-profit organizations, to support local emergency preparedness, safety, and disaster response programs, including volunteer fire departments, 2-1-1 San Diego, Community Emergency Response Teams (CERT), local Fire Safe Councils (FSC), Inter Tribal Long Term Recovery Foundation and regional partners that provide disaster preparedness training, resources, and/or public safety education. SDG&E has provided a check in the amount of $2,500 from the Burn Institute, who is serving as National City CERT's fiscal agent for this grant. Staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $2,500. FINANCIAL STATEMENT: APPROVED: _x�.ti' _ ` _ Finance ACCOUNT NO. Ex, 282-412-912-355-0000 / Rev. 282-12912-3498 APPROVED: MIS No negative impact. ENVIRONMENTAL REVIEW: 1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 21 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 22 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement, between the City of National City and National School District, to provide swim lessons for third grade students at Las Palmas Pool; for the 22 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 1 ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute an Agreement, between the City of National City and National School District, to provide swim lessons for third grade students at Las Palmas Pool; for the period August 8, 2016 through January 31, 2017 the agreement generates $40,000 in revenue. (Community Services) d y D h � DEPARTMENT: � S AGENDA ITEM NO. PREPARED BY udrey en am ices PHONE; 619-336-4243j APPROVED BY EXPLANATION: Last year, the National School District (NSD) reestablished its third grade swim lesso • program as a component of the NSD Wellness Policy. Due to the closure of Las Palmas, the City of National City's municipal pool, the NSD contracted with the Jackie Robinson YMCA to provide swim lessons for the 2015-2016 school year. With the reopening of Las Palmas Pool, the NSD seeks to relocate the swim lesson program to National City for the 2016-2017 school year. Should the City Council authorize the execution of this agreement, NSD third grade students will receive four swim lessons; each lesson will be one hour in duration. The use of the Las Palmas Pool for such a program is consistent with the current programmatic objectives established by the City and its current facility operator, MediFit. The term of the Agreement is August 8, 2016 through January 31, 2017. Based on the NSD third grade enrollment level for the school year and the current City Council approved fee schedule, the City will receive $40,000 in revenue from this Agreement. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS 001-41000-3574 (Swimming Pool Revenue) $40,000 ENVIRONMENTAL REVIEW: III ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute an Agreement, between the City of National City and National School District, to provide swim lessons for third grade students at Las Palmas Pool for the period August 8, 2016 through January 31, 2017. BOARD 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Agreement 23 of 269 AGREEMENT TO PROVIDE SERVICES BY AND BETWEEN THE CITY OF NATIONAL CITY AND NATIONAL SCHOOL DISTRICT THIS AGREEMENT TO PROVIDE SERVICES ("AGREEMENT") is granted to National School District, a local government organization (the "APPLICANT") by the CITY OF NATIONAL CITY, a municipal corporation (the "CITY") on this 8th day of August, 2016. RECITALS WHEREAS, the APPLICANT wants third grade students attending APPLICANTS schools to take swim lessons. WHEREAS, the CITY has a swim lesson program otiered at Las Palmas Park, operated by MediFit Community Services, LLC. Las Palmas Park and its pool are located at 1800 East 22nd Street, National City, CA, 91950 (collectively, the PREMISES). WHEREAS, the APPLICANT agrees to pay the CITY $40,000 for APPLICANT's third grade students to participate in swim lessons. WHEREAS, the APPLICANT agrees that each participant will complete a registration form and waiver of liability, which includes the pool policies, as shown in Exhibit A. NOW, THEREFORE, THE APPLICANT AGREES THE FOLLOWING TERMS GOVERN THEIR USE OF THE PREMISES AND PARTICIPATION IN SWIM LESSONS: 1. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This AGREEMENT will become effective on August 8, 2016. The duration of this AGREEMENT is for the period of August 8, 2016 through January 31, 2017. 2. SWIM LESSON PROGRAM AND SCHEDULE. 'Third grade students attending within APPLICANTS schools will participate in a swim lesson program that consists of four (4) swim lessons; each lesson will be (1) hour in length and held at the PREMISES. The structure and management of swim lessons shall be at the sole discretion of the CITY. The proposed schedule for swim lessons, as shown in Exhibit B, may be changed upon mutual agreement. The CITY may cancel swim lessons due to thunder, lightning or unsafe conditions and will reschedule canceled swim lessons at a later date. Canceled swim lessons will be rescheduled based on availability. If the APPLICANT cancels a swim lesson, the swim lesson shall not be rescheduled. 3. FEES, INVOICING & PAYMENT. The APPLICANT shall pay the CITY S40,000 for APPLICANT'S third grade students to participate in the swim lesson program. The City will invoice the APPLICANT for the full amount after the AGREEMENT has been executed. The APPLICANT shall remit payment thirty (30) days after receipt of invoice. 24 of 269 4. AGREEMENT COORDINATION AID CONTACT. Audrey Denham hereby is designated as the AGREEMENT Coordinator for the CITY and will monitor the use of the PREMISES and compliance with this AGREEMENT. The APPLICANT shall assign a single point of contact to provide supervision and have overall responsibility for the use of the PREMISES and compliance with this AGREEMENT for the APPLICANT. Cindy Vasquez thereby is designated as the Point of Contact for the APPLICANT. 5. CONTROL. While APPLICANT'S students are at the PREMISES, APPLICANT shall be responsible for their conduct and behavior. APPLICANT will be responsible for enforcing its rules of conduct upon its students. If students fail to comply with swim instructors during swim lessons, they may be ejected from the lesson by the CITY. The APPLICANT'S students shall comply with all pool policies listed on the registration form and waiver of liability. 6. COMPLIANCE WITH APPLICABLE LAW. The APPLICANT, in the use of the Premises as allowed by this AGREEMENT, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. 7. WAIVER OF LIABILITY BY PARTICIPANTS. The APPLICANT agrees to have participants sign a registration form and waiver of liability, which includes the pool polices, a sample of which is attached as Exhibit A, specifically waiving any liability against the City of National City, MediFit Community Services, LLC, and the APPLICANT and each of its officers, officials, agents, and employees. 8. NON-DISCRIMINATION PROVISIONS. The APPLICANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The APPLICANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The APPLICANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 9. INDEMNIFICATION AND HOLD HARMLESS. The APPLICANT agrees to defend, indemnify and hold harmless the City of National City and MediFit Community Services, LLC, and each of their respective officers, officials, agents, volunteers and employees, against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the use of public property or the activity(ies) taken under this AGREEMENT, including but not limited to any of the swimming lessons at the PREMISES as described in this AGREEMENT; provided, however, that this indemnification Pmgram Agreement — Swim Lessons at Las Palmas Pool 2 City of National City and August 2016 National School District 25 of 269 and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers, or employees. CITY will cooperate reasonably in the defense of any action, and APPLICANT shall employ competent counsel; reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this AGREEMENT for any alleged or actual omission, act, or negligence under this AGREEMENT that occurred during the term of this AGREEMENT. 10. WORKERS' COMPENSATION. The APPLICANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Government Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and MediFit Community Services, LLC, and its officers, and employees from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY and MediFit Community Services, LLC, or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the APPLICANT under this AGREEMENT. 11. INSURANCE. The APPLICANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBAPPLICANT(S), when applicable, to purchase and maintain throughout the term of this AGREEMENT, the following insurance policies: A. Automobile Insurance covering all bodily injury and property damage incurred during the term of this AGREEMENT, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. B. Commercial General Liability Insurance, with minimum limits of $5,000,000 per occurrence and $10,000,000 in aggregate, covering all bodily injury and property damage arising out of its operations, work, or performance under this AGREEMENT. The policy shall name the CITY and its officers, agents, employees and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. C. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of APPLICANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to commencement of AGREEMENT. If APPLICANT has no employees subject to the California Workers' Compensation and Labor laws, APPLICANT shall execute a Declaration to that effect. Said Declaration shall be provided to APPLICANT by CITY. Program Agreement — Swim Lessons at Las Palmas Pool 3 City of National City and August 2016 National School District 26 of 269 D. The aforesaid policies shalt constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY of cancellation or material change. E. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the APPLICANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition. the "retro" date must be on or before the date of this AGREEMENT. F. Insurance shall be written with only Califomia admitted companies that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. G. This AGREEMENT shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the APPLICANT does not keep all of such insurance policies in full force and effect at all times during the terms of this AGREEMENT, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this AGREEMENT and terminate the AGREEMENT as provided herein. H. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. 12. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this AGREEMENT, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney' s fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney' s fees incurred by the prevailing party. 13. MEDIATIONIARBITRATION. If a dispute arises out of or relates to this AGREEMENT, or the breach thereof, the parties agree first to try, in good faith, to settle the dispute by mediation in San Diego, California, in accordance with the Commercial Mediation Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of, or relating to, this AGREEMENT, or breach thereof, which is not resolved by mediation shall be settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the parties, and a judgment thereon may be entered in any court having jurisdiction over the subject Program Agreement — Swim Lessons at Las Patinas Pool 4 City of National City and August 2016 National School District 27 of 269 matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to the arbitration, provided that each party shall pay for and bear the costs of its own experts, evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part thereof against a specified party as part of the arbitration award. 14. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of Califomia) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Leslie Deese City Manager City Manager's Office City of National City 1243 National City Boulevard National City, CA 91950-4397 To APPLICANT: Paula Jameson -Whitney Assistant Superintendent Educational Services National School District 1500 N Avenue National City, CA 91950 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 15. ASSUIVI<PTION OF RISK. It is expressly understood and agreed that the APPLICANT assumes all risk for loss, damage, liability, injury, cost or expense that may arise during or be caused in any way by APPLICANT's use or occupancy of the PREMISES. Program Agreement — Swim Lessons at Las Palmas Pool 5 City of National City and August 2016 National School District 28 of 269 The APPLICANT further agrees that in consideration of being permitted the use of the PREMISES, they will save and hold harmless the said City of National City, its officers, agents, employees, and volunteers from any loss, claims, and liability damages, and/or injuries to persons and property that in any way may be caused by the applicant's use or occupancy. The APPLICANT will abide by the regulations governing said PREMISES and agree to abide by all City of National City ordinances and rules and policies of the PREMISES. The APPLICANT is responsible for any damage/loss sustained by the ground, building, furniture or equipment or unusual clean up occurring through the occupancy of said PREMISES. 16. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this AGREEMENT is or cnds on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next business day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This AGREEMENT may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this AGREEMENT are solely for the convenience of the parties hereto, are not a part of this AGREEMENT, and shall not be used for the interpretation or determination of the validity of this AGREEMENT or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this AGREEMENT shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits or schedules or provisions thereof conflict or are inconsistent with the terms and conditions contained in this AGREEMENT, the terms and conditions of this AGREEMENT shall control. F. Amendment to this Agreement. The terms of this AGREEMENT may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this AGREEMENT shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This AGREEMENT shall be governed by and construed in accordance with the laws of the State of California. I. Audit. This AGREEMENT may be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the AGREEMENT, per Government Code Section 8546.7. J. Entire Agreement. This AGREEMENT supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. Program Agi August 2016 ent — Swim Lessons at Las Palmas Pool 6 City of National City and National School District 29 of 269 K. Successors and Assigns. This AGREEMENT shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this AGREEMENT, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this AGREEMENT, (iv) each party and such party's counsel and advisors have reviewed this AGREEMENT, (v) each party has agreed to enter into this AGREEMENT following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this AGREEMENT, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the date and year first above written. CITY OF NATIONAL CITY By: Leslie Deese, City Manager APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney NATIONAL SCHOOL DISTRICT (Corporation —signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature] By: (Title) (Name Pala non-wrat (Print) Pe -Lk scpf puatirrig_i By: (Name) (Print) (Title) Program Agreement— Swim I essons at Las Palmas Pool 7 City of National City and August 2016 National School District 30 of 269 Exhibit A National School District Learn to Swim Registration Form Las Palmas >s NATIONAL. CITY CA Participant's Fuli Name (Last, First) Date of Birth Address Primer/ Phone # -mail Emergency Contact Relationship E Student D Teacher Emergency Phone # aiver of Li. h it and Assurnptoon c'F Rsk, With respect to my child(ren)'s voluntary use of the Las Palmas Pool and its facilities (the "Pool"), managed by MediFlt Community Services LLC, I understand that, as a guest of the Pool, there may be health risks associated with activities requiring physical exertion and/or aquatics, Including but not limited to: transient dizziness, fainting, nausea, muscle cramping, musculoskeletal injury, sprains and strains, heart attack, stroke, drowning or death. I certify my child(ren) is/are capable of performing the exercises and activities associated with the use of the Pool, and I hereby agree to assume on behalf of myself and my child(ren) all risk of utilizing the Pool. I agree on behalf of myself, my child(ren), our heirs, distributes, guardians, legal representatives, and assigns, (collectively, the "Releasing Party"), to waive, release, discharge, and hold harmless MediFit Community Services LLC ("Medifit"), City of National City ("City"), National School District ("NSD"), and each of their respective subsidiaries, affiliates, directors, officers, employees, agents, volunteers, contractors, and sponsors, and other participants, from any and all claims, liability, damages, suits, losses, or related causes of action for damages, including but not limited to daims that may result from any injury, death, or damage, accidental or otherwise, during, or arising in any way from my child(ren)'s use of the Pool. I hereby agree on behalf of the Releasing Party to indemnify the persons and entities mentioned above from any and all claims, liability, damages, suits, losses, or related causes of action for damages, present or future, which may be incurred as a result of death, injury, or property damage that my child(ren) may sustain while participating in any activities at the Las Palmas Pool facilities. I hereby agree that the Releasing Party will not make a claim against, sue or prosecute MediFit, City, or NSD, inducting each of their respective subsidiaries, affiliates, directors, officers, employees, agents, volunteers, contractors, and sponsors. for injury, death, or damage arising out of the negligent, intentional, or other acts, howsoever caused, by MediFit, City, a- NSD, or their respective subsidiaries, affiliates, directors, officers, employees, agents, volunteers, contractors, sponsors, and other participants, as a result of or related to my chitd(ren)'s participation in the Pod activities. I hereby consent that my child(ren) participate in the Pool activities and I hereby execute This Waive, of Liability and Assumption of Risk on behalf of the Releasing Party. I have carefully read this Waiver of Liability and Assumption of Risk and by signing below and on behalf of my minor child(ren), I acknowledge that i fully understand its contents. I am aware that this is a release of liability and a contract between the City of National City and me and I sign it of my free will. I further understand that no medical insurance is provided. Print Parent's full name: Date Parent Signature White Copy: LPP Las Palmas Pool • 1800 E 22nd St. • National Oty • CA • 91950 •619-336-6758 Yellow Copy: Participant 31 of 269 Exhibit A Please adhere to the following to assure a pleasant experience for everyone 1. Las Palmas Pool Is available at a preferred rate for residents of National City. 2. Photo I.D. and Completion of guest registration is required prior for participation. 3. All patrons under the age of 14 must have direct parent/guardian superar'sicn over the age of 18. 4. Children ages 6 and under must be accompanied in the water by a parent within arm's reach at all times or in a coast guard approved flotation device. Children wearing coast guard approved flotation devices must haw a parent directly supervising them at ail times. 5. For your safety, all patrons under the age of 18, will be required to complete a swim test* in order to swim in the deep end. Any patron under the age of 18 who cannot successfully complete the swim test will be required to provide a coast guard approved life jacket if they wish to swam in the deep end. The swim test ' II consist of the following: - 20 meter swim without stopping -1 minute of treading water without stopping 6. Youth ages 14-17 must complete a swim test and Youth Swim orientaticnlagreemenr. 7.Outside instructors are not allowed. All instruction is to be given only by Las Palmas Pool staff. 8. Disposable swim diapers and plastic pants are required for children under the age of 3 or those who are not toilet trained. 9. Please wear appropriate swam attire. Street clothes are net permitted. 10. Water toys including balls, noodles, etc. are not permitted in the pool 11. For your safety, prolonged breath holding and hypoxic training are not permitted at Las Palmas Pool 12. Lap Lanes are reserved for lap swimming only. During busy hours, sharing lanes and circle summing will be required. 13. Only US Coast Guard approved flotation devices are permitted in the pool. 14. Families must provide proof of age upon registration for Las Palmas Pod programs. 15. All patrons must shower prior to using the pools. This helps keep the pools dean for everyone. 16. The Las Palmas Pool is a family friendly fadlity. The following are prohibited on Las Palmas Pool property: Diving, Dangerous jumps, roughhousing, glass of any kind, Alcohol, Animals (unless service -certified), skateboards, profanity, and/or excessive displays of public affection. 17. Please respect our pool equipment and ensure it is used properly and put away after use. 18. The lifeguards are here for your safety and have the final authority. Failure to abide by the Las Palmas Pool policies may result in removal frorn the pool. 19. Food is only permitted in designated areas and is not permitted in the water. 20. For your safety and the safety of others, any patron believed to be under the influence of drugs or alcohol will be asked to leave the Las Palmas Pool property. 21. IGckboards and pull buoys are for lap swim only. 22. Children ages 5 and older must use their gender specific locker rooms to change. A family changing rocrn is located on the pool deck for your convenience. 23. pease report any suspicious activity or patrons immediately to a Las Palmas Pool staff member. 24. The water slide may only be used under direct supervision from a Las Palmas Pool staff member. Slide riders must abide by the following requirements: - All riders must be at least 48 inches tall - Slide down feet first on your back - Goggles, bathing suits with rivets and life jackets are not permitted on the slide - Standing, spinning cr other dangerous behavior will not be tolerated. *swim tests and youth orientations are offered on certain days/times. Please check our pool schedule •► 4A►4POAIq* r NATIONAL Ow 32 of 269 EXHIBIT B Lessons are one hour each, one day a week for four weeks. Pool is available for use on Mondays, Wednesdays, and Fridays. Times are 9:30-10:30, 10:30-11:30, and 11:30-12:30. ET Entzminger-Ma 9:30-10:30 8/8 8/15 8/22 8/29 ET Carrillo 10:30-11:30 8/8 8/15 8/22 8/29 ET Dang-Hagler 11:30-12:30 8/8 8/15 8/22 8/29 RN Duenas 9:30-10:30 8/10 8/17 ! 8/24 8/31 RN Sterner 10:30-11:30 8/10 8/17 i 8/24 8/31 RN Gonzalez 19:30-10:30 8/12 8/19 8/26 9/2 RN Special Ed Gr 3 11:30-12:30 8/10 8/17 8/24 8/31 - — IH Clarken 10:30-11:30 1 8/12 8/19 ' 8/26 9/2 IH Porter 11:30-12:30 8/12 8/19 8/26 9/2 IH Sanchez 9:30-10:30 10/10 10/17 10/24 10/31 MI Camba-Jones 10:30-11:30 10/10 10/17 10/24 10/31 LA Colangelo 11:30-12:30 10/10 10/17 110/24 10/31 LA Craven 9:30-10:30 10/5 10/12 10/19 10/26 LA Eisenbeisz 10:30-11:30 10/5 10/12 10/19 10/26 LA Special Ed Gr 3 9:30-10:30 1 10/7 10/14 10/21 10/28 LP Villavicencio 9:30-10:30 9/12 9/19 9/26 10/3 LP Jordan 10:30-11:30 9/12 9/19 9/26 10/3 LP Kahle 9:30-10:30 9/9 9/16 9/23 9/30 LP Garaicoa 10:30-11:30 9/9 9/16 9/23 9/30 LP Special Ed Gr 3 9:30-10:30 10/7 10/14 10/21 10/28 KM Buttell-Maxin 9:30-10:30 9/7 9/14 9/21 9/28 KM Smith 10:30-11:30 9/7 9/14 9/21 9/28 OW Reyes 11:30-12:30 9/7 9/14 9/21 9/28 OW Rosas 11:30-12:30 9/9 9/16 9/23 9/30 OW Kmet-Moran 11:30-12:30 9/12 9/19 9/26 10/3 OW Robles -Cho 11:30-12:30 10/5 10/12 10/19 10/26 OT Hartley 10:30-11:30 10/7 10/14 10/21 10/28 OT Cortazar 11:30-12:30 10/7 10/14 10/21 10/28 OT Van 9:30-10:30 11/4 11/18 12/2 12/9 PW Vo 10:30-11:30 11/4 111/18 12/2 12/9 PW Petennan 11:30-12:30 11/4 11/18 12/2 12/9 PW Payumo 9:30-10:30 11/2 11/9 11/16 11/30 PW Lachi 10:30-11:30 11/2 11/9 11/16 1 11/30 CN Howard 9:30-10:30 I11/7 11/14 11/28 12/5 CN Arancibia 10:30-11:30 11/7 11/14 11/28 12/5 CN Lathers 3 11:30-12:30 11/7 11/14 ' 11/28 12/5 CN Dechir 11:30-12:30 11/2 11/9 11/16 11/30 CN Special Ed Gr 3 11:30-12:30 8/10 8/17 8/24 8/31 Program Agreement — Swim Lessons at Las Palmas Pool 10 August 2016 City of National City and National School District 33 of 269 Southern California ReLiEF CERTIFICATE OF COVERAGE Protected Insurance Program for Schools Issue Date 7/21/2016 ADMINISTRATOR: LICENSE # 0451271 Keenan & Associates 901 Calle Amanecer, #200 San Clemente, CA 92673 949-940-1760 www.keenan.com THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE COVERAGE DOCUMENTS BELOW. ENTITIES AFFORDING COVERAGE: ENTITY A: Southern California ReLiEF ENTITY B. Protected Insurance Program for Schools ENTITYC: ENTITY D' ENTITY E: COVERED PARTY: National School District 1500 N Avenue National City CA 91950 THIS IS TO CERTIFY THAT THE COVERAGES LISTED BELOW HAVE BEEN ISSUED TO THE COVERED PARTY NAMED ABOVE FOR THE PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE COVERAGE AFFORDED HEREIN IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF SUCH COVERAGE DOCUMENTS. ENT LTR TYPE OF COVERAGE COVERAGE DOCUMENTS EFFECTIVE EXPIRATION DATE MEMBER RETAINED LIMIT /DEDUCTIBLE LIMITS A GENERAL LIABILITY [ ✓[GENERAL LIABILITY, [ CLAIMS MADE3 OCCURRENCE [ GOVERNMENT CODES [ ERRORS & OMISSIONS [ I SCR 01712-01 7/1/2016 7/1/2017 $ 5,000 COMBINED SINGLE LIMIT EACH OCCURRENCE $ 5,000,000 A AUTOMOBILE I,//ANY I y 1 [ ✓ [ /AUTO LIABILITY AUTO HIRED AUTO NON -OWNED AUTO GARAGE LIABIUTY PHYSICAL DAMAGE SCR01712-01 7/1/2016 7/1/2017 $ 5,000 COMBINED SINGLE LIMIT EACH OCCURRENCE $ 1,000,000 A PROPERTY [ ALL RISK [ EXCLUDES EARTHQUAKE & FLOOD [ 1 BUILDER'S RISK SCR 01712-01 7/1/2016 7/1/2017 $ 5,000 $ 250,250,000 EACH OCCURRENCE A STUDENT PROFESSIONAL LIABILITY SCR 01712-01 7/1/2016 7/1/2017 $ 5,000 $ Included EACH OCCURRENCE B WORKERS COMPENSATION [ ,6 EMPLOYERS' LIABILITY PIPS4172 7/1/2016 7/1/2017 S [ ] WC STATUTORY LIMITS [ A OTHER i 1,000,000 E.L. EACH ACCIDENT $ 1 ;000,000 E.L. DISEASE- EACH EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMITS EXCESS WORKERS COMPENSATION [ 1 EMPLOYERS' LIABILITY S OTHER $ $ DESCRIPTION OF OPERATIONS/LOCATIONSNEHLCLESIRESTRICTJONS?SPECIAL PROVISIONS: As respects to the use of Las Palmas Swimming Pool facilities. $10,000,000 annual aggregate, as required by contract. CERTIFICATE HOLDER: City of National City Y 1243 National City Blvd. National City CA 91950-4301 6 CANCELLATION SHOULD CANCELED BEFORE THE WILL ENDEAVOR TO HOLDER NAMED TO THE IMPOSE NO OBLIGATION AGENTS OR REPRESENTATIVES. ANY OF THE ABOVE EXPIRATION DATE MAIL DAYS WRITTEN DESCRIBED COVERAGES BE THEREOF, THE ISSUING ENTITY/JPA NOTICE TO THE CERTIFICATE TO MAIL SUCH NOTICE SHALL KIND UPON THE ENTITYIJPA, ITS LEFT, BUT FAILURE OR LIABILITY OF ANY .r:::9-,,,,i;...„„cgA4s--. -.. - John Stephens AUTHORIZED REPRESENTATIVE 31020691 I NATIOSCR 116/17 Super Pool Sher :Amite I Leigh Steadier I 34 of 269 _.. IPDT5 I Page 1 of 3 DISCLAIMER The Certificate of Coverage on the reverse side of this form does not constitute a contract between the issuing entity(ies), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the coverage documents listed thereon. eC.ert4hlloeecm 31020691 NATIOSW 116/17 Super Pool Higher Limits I Leigh Stevdaer 17 35 of 269 PM (PDr) L':y- ENDORSEMENT ADDITIONAL COVERED PARTY COVERED PARTY National School District COVERAGE DOCUMENT SCR 01712-01 ADM I NISTRATOR Keenan & Associates Subject to all its terms, conditions, exclusions, and endorsements, such additional covered party as is afforded by the coverage document shall also apply to the following entity but only as respects to liability arising directly from the actions and activities of the covered party described under "as respects" below. Additional Covered Party: City of National City 1243 National City Blvd. National City CA 91 950-4301 As Respects: As respects to the use of Las Palmas Swimming Pool facilities. $10,000,000 annual aggregate, as required by contract. The City of National City, its elected officials, officers, agents, employees, and volunteers are named as Additional Covered Parties. Authorized Representative Issue Date: 7/21/2016 31020651 AATLOSCH 1 16.17 Hopei- Pool Higher Limits 1 Leigh Scecdler 17 36 of 269 PM (PDT) Page 3 of CC/CDC-HA Agenda 8/2/2016 — Page 37 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters Association employee group for fiscal year 2017, effective August 2, 2018, in compliance with the requirements of the California Public Employees 37 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters' Association employee group for fiscal year 2017, effective August 2, 2018, in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2017 salary schedule for classifications represented by the Firefighters' Association (FFA), effective August 2, 2016. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the FFA are incorporated in the City of National City General Fund budget presented to the City Council for adoption on this same Council agenda. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2017 compensation plan for the Firefighters' Association employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Firefighters' Association Salary Schedule Resolution 38 of 269 CITY OF NATIONAL CITY FIREFIGHTERS' ASSOCIATION SALARY SCHEDULE Fiscal Year 2016-2017 Effective 08/02/2016 RANGE DESCRIPTION Exhibit A STEP A STEP B STEP C STEP D STEP E STEP F STEP G F121 FIREFIGHTER Biweekly 2,120.04 2,226.04 2,337.34 2,454.21 2,576.92 2,705.76 2,841.05 Monthly 4,606.03 4,836.33 5,078.15 5,332.06 5,598.66 5,878.60 6,172.53 Annual $ 55,272.40 $ 58,036.02 $ 60,937.82 $ 63,984.71 $ 67,183.95 $ 70,543.14 $ 74,070.30 28/dy Pay Period 4,240.07 4,452.08 4,674.68 4,908.41 5,153.84 5,411.53 5,682.10 40-Hr Week 26.50 27.83 29.22 30.68 32.21 33.82 35.51 192 Shift 22.08 23.19 24.35 25.56 26.84 28.19 29.59 216 Shift 19.63 20.61 21.64 22.72 23.86 25.05 26.31 240 Shift 17.67 18.55 19.48 20.45 21.47 22.55 23.68 Hourly = Annual/2912 $ 18.98 $ 19.93 $ 20.93 $ 21.97 $ 23.07 $ 24.22 $ 25.44 F130 FIRE ENGINEER Biweekly 2,718.91 2,854.86 2,997.60 3,147.48 3,304.86 Monthly 5,907.16 6,202.52 6,512.65 6,838.28 7,180.20 Annual $ 70,885.97 $ 74,430.27 $ 78,151.79 $ 82,059.38 $ 86,162.34 28/dy Pay Period 5,437.83 5,709.72 5,995.20 6,294.96 6,609.71 40-Hr Week 33.99 35.69 37.47 39.34 41.31 96 192 Shift 28.32 29.74 31.23 32.79 34.43 108 216 Shift 25.18 26.43 27.76 29.14 30.60 120 240 Shift 22.66 23.79 24.98 26.23 27.54 Hourly = Annual/2912 $ 24.34 $ 25.56 $ 26.84 $ 28.18 $ 29.59 F140 FIRE CAPTAIN Biweekly 3,166.91 3,325.25 3,491.51 3,666.09 3,849.39 Monthly 6,880.48 7,224.51 7,585.73 7,965.02 8,363.27 Annual $ 82,565.79 $ 86,694.07 $ 91,028.78 $ 95,580.22 $ 100,359.23 28/dy Pay Period 6,333.81 6,650.50 6,983.03 7,332.18 7,698.79 40-Hr Week 39.59 41.57 43.64 45.83 48.12 192 Shift 32.99 34.64 36.37 38.19 40.10 216 Shift 29.32 30.79 32.33 33.95 35.64 240 Shift 26.39 27.71 29.10 30.55 32.08 Hourly = Annual/2912 $ 28.35 $ 29.77 $ 31.26 $ 32.82 $ 34.46 F140 DEPUTY FIRE MARSHAL Biweekly 3,166.91 3,325.25 3,491.51 3,666.09 3,849.39 Monthly 6,880.48 7,224.51 7,585.73 7,965.02 8,363.27 Annual $ 82,565.79 $ 86,694.07 $ 91,028.78 $ 95,580.22 $ 100,359.23 28/dy Pay Period 6,333.81 6,650.50 6,983.03 7,332.18 7,698.79 40-Hr Week 39.59 41.57 43.64 45.83 48.12 192 Shift 32.99 34.64 36.37 38.19 40.10 216 Shift 29.32 30.79 32.33 33.95 35.64 240 Shift 26.39 27.71 29.10 30.55 32.08 Hourly = Annual/2912 $ 28.35 $ 29.77 $ 31.26 $ 32.82 $ 34.46 F150 FIRE BATTALION CHIEF Biweekly 3,827.17 4,084.11 4,341.05 4,597.99 4,854.94 Monthly 8,314.98 8,873.21 9,431.45 9,989.69 10,547.93 Annual $ 99,779.72 $ 106,478.58 $ 113,177.44 $ 119,876.30 $ 126,575.16 28/dy Pay Period 7,654.33 8,168.22 8,682.10 9,195.99 9,709.87 40-Hr Week 47.84 51.05 54.26 57.47 60.69 192 Shift 39.87 42.54 45.22 47.90 50.57 216 Shift 35.44 37.82 40.19 42.57 44.95 240 Shift 31.89 34.03 36.18 38.32 40.46 Hourly = Annual/2912 $ 34.27 $ 36.57 $ 38.87 $ 41.17 $ 43.47 39 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 40 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a revised salary schedule for the Management employee group for Fiscal Year 2017 in compliance with the requirements of the California Public Employees Retirement System (Ca1PERS), incr 40 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a revised salary schedule for the Management employee group for Fiscal Year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), increasing the salary bands for Assistant Director of Public Works/Engineering and Police Captain. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: The General Fund operating budget approved by the City Council for fiscal year 2017 includes funding for market adjustments for members of the Management employee group. After the City Council adopted the Management group salary schedule for said fiscal year (June 21, 2016) it was determined that the scheduled market adjustments for the Assistant Director of Public Works/Engineering and Police Captain positions would exceed the approved salary bands. With this action, staff requests that the City Council approve the revised salary schedule for the Management employee group increasing the subject bands as follows: Current Monthly Band Proposed Monthly Band Assistant Director of Public Works/Engineering $4,594.04 - $10,769.99 $4,594.04 - $11,846.99 Police Captain $5,410.24 - $12,473.34 $5,410.24 - $13,720.67 The market adjustments are less than the proposed band maximum, leaving some room for consideration of future compensation adjustments based on such factors as cost of living, market and budgetary implications. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Management employee group are incorporated in the City of National City General Fund budget adopted by the City Council at its meeting of June 7, 2016. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: Adopt the resolution approving the revised Fiscal Year 2017 compensation plan for the Management employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Management Employee Group Salary Schedule Resolution 41 of 269 City of National City Exhibit A Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Asst Director of PW/Engineering $ 4,594.04 — $ 11,846.99 $ 55,128.48 — $ 142,163.88 Assistant Police Chief $ 11,368.50 — $ 12,742.63 $ 136,422.00 — $ 152,911.56 Battalion Chief $ 5,316.96 — $ 10,746.90 $ 63,803.52 — $ 128,962.80 Building Official $ 7,087.16 — $ 10,539.12 $ 85,045.92 — $ 126,469.44 Community Development Manager $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Community Development Specialist III $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Deputy City Attorney $ 6,841.11 — $ 10,033.63 $ 82,093.32 — $ 120,403.56 Deputy Director of Human Resources $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Equipment Maint Supervisor $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Facilities Maint Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Financial Services Officer $ 4,174.28 — $ 9,985.04 $ 50,091.36 — $ 119,820.48 Housing Programs Manager $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Management Analyst I $ 3,116.72 — $ 6,165.46 $ 37,400.64 — $ 73,985.52 Management Analyst II $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Management Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Mgmt Information Systems Manager $ 4,279.22 — $ 10,235.15 $ 51,350.64 — $ 122,821.80 Neighborhood Council Coordinator $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Services Manager $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Nutrition Program Manager $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Park Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 PIO/Mgmt Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Police Captain $ 5,410.24 — $ 13,720.67 $ 64,922.88 — $ 164,648.04 42 of 269 City of National City Exhibit A Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2016-2017 POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Police Support Services Manager $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Principal Civil Engineer $ 7,795.88 — $ 10,539.12 $ 93,550.56 — $ 126,469.44 Principal Librarian $ 3,766.18 — $ 8,604.96 $ 45,194.16 — $ 103,259.52 Principal Planner $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Project Officer $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Purchasing Agent $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Recreation Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Risk Manager $ 4,174.28 — $ 9,981.19 $ 50,091.36 — $ 119,774.28 Senior Accountant $ 3,264.80 — $ 7,489.10 $ 39,177.60 — $ 89,869.20 Special Assistant to the Mayor $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Street Maintenance Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Street & Wastewater Maint Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Traffic Engineer $ 6,056.20 — $ 10,235.15 $ 72,674.40 — $ 122,821.80 Wastewater Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 43 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 44 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with t 44 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 EXPLANATION: See attached staff report APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: L7Zea,a Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the compensation plan for the Confidential employee group and adopting the fiscal year 2017 Confidential employee group salary schedule. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Staff Report Confidential Employee Group Salary Schedule, Fiscal Year 2017 Resolution 45 of 269 - CALIFORNIA -� NATIONAL My 13,31 3NClORPORATE13 City Council Staff Report August 2, 2016 ITEM Staff Report: Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. BACKGROUND The City of National City's Confidential employees are an informal group not formally represented or subject to the terms of collective labor bargaining. This employee group includes the Executive Assistant series, the Management Information Systems Technician series and the Payroll Technician classifications. The last compensation adjustment for said group was approved by the City Council in 2014, including an increase in the retiree health contribution (from $5 per month to $10 per month for each year of service), and three percent (3%) retention incentive bonuses in July, 2014 and 2015. With the City having concluded labor negotiations with the City's three formally recognized bargaining groups (the Firefighters', Municipal Employees' and Police Officers' Associations), the Confidential employee group requested consideration of compensation adjustments for the noted Confidential classifications. Functionally, the Confidential employee group is most closely aligned with the Municipal Employees' Association (MEA). As such, the MEA compensation plan is typically the internal benchmark for the Confidential employee group, with some deviation primarily intended to provide a "premium" benefit to members of the Confidential group in recognition of their loss of formal representation and bargaining and the rights and privileges associated with such. The terms of the current agreement between the MEA and the City of National City include consideration of both internal market equity and external market factors. The external market factors were determined through a comprehensive total compensation survey with cities within San Diego county serving as the market. The below Confidential employee group compensation recommendations seek to find balance between the goal of consistency with the similar classifications of the MEA employee group and a recognition of the unique nature of Confidential classifications. 46 of 269 Page 2 Staff Report — Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. September 2, 2014 DISCUSSION As noted above, the MEA compensation plan was based on both internal and external market factors. While external comparisons are important, it is equally important to maintain internal equilibrium. As such, having met and discussed internal and external market factors (MEA compensation and survey market results, respectively) with the Confidential employee group, and having analyzed the internal impact of compensation adjustments (City-wide), staff brings forward for consideration the following adjustments to the Confidential employee group compensation plan: Duration Three years (July 1, 2016 through June 30, 2019) NOTE: Council reserves the right to unilaterally adjust the compensation package at any time during the three year period. Retiree Health Benefit Effective July 1, 2016, Confidential employees who retire after 20 years of service will receive $20/month for each year of service with the City as the City's contribution towards medical insurance when the employee retires from Ca1PERS simultaneously with separating from the City of National City. This benefit shall continue until the retiree qualifies for Medicare. Life Insurance Effective July 1, 2016, the City provides term life insurance of $25,000 for each employee. Health and Dental Insurance Effective the first full pay period of July 2016, the City shall provide up to $1,000 for medical and dental benefits. Cash -in -lieu will continue to be available to employees providing proof of coverage under a non -City sponsored health plan. The maximum cash -in lieu will be limited to the difference between $658.19 and the cost of the employee's City of National City medical and dental coverage selection. 47 of 269 Page 3 Staff Report — Resolution of the City Council of the City of National City approving adjustments to the compensation plan for the Confidential employee group; and approving the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), including a 2% salary adjustment for all Confidential employee group classifications. September 2, 2014 Compensation Three salary increases in the first pay period of each noted month: • July, 2016: 2% COLA • July, 2017: 3% market adjustment for the following classifications o Executive Assistants I thru IV o Payroll Technician • July, 2018: 2% COLA All other existing provisions of the Compensation Plan remain the same. RECOMMENDATION 1. Accept staff's recommendations and adopt the proposed Compensation Plan for the City of National City Confidential employee group. 2. Approve the salary schedule for the Confidential employee group for fiscal year 2017 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) FISCAL IMPACT Fiscal Year 2017: $17,775 Fiscal Year 2018: $32,399 Fiscal Year 2019: $49,253 Attachment: Confidential Employee Group Salary Schedule, Fiscal Year 2017 48 of 269 CITY OF NATIONAL CITY CONFIDENTIAL GROUP SALARY SCHEDULE Fiscal Year 2016-2017 Exhibit A TITLE / RANGE STEP A STEP B STEP C STEP D STEP E MIS Technician II c144 BI-WEEKLY 2,701.04 2,836.09 2,977.90 3,126.79 3,283.13 MONTHLY 5,852.26 6,144.87 6,452.12 6,774.72 7,113.46 ANNUAL 70,227.11 73,738.46 77,425.38 81,296.65 85,361.49 HOURLY 33.76 35.45 37.22 39.08 41.04 MIS Technician I c130 BI-WEEKLY 2,372.98 2,491.63 2,616.21 2,747.02 2,884.37 MONTHLY 5,141.45 5,398.52 5,668.45 5,951.87 6,249.46 ANNUAL 61,697.40 64,782.27 68,021.38 71,422.45 74,993.57 HOURLY 29.66 31.15 32.70 34.34 36.05 Executive Assistant IV c115 BI-WEEKLY 2,071.71 2,175.30 2,284.06 2,398.27 2,518.18 MONTHLY 4,488.71 4,713.15 4,948.80 5,196.24 5,456.05 ANNUAL 53,864.52 56,557.74 59,385.63 62,354.91 65,472.66 HOURLY 25.90 27.19 28.55 29.98 31.48 Executive Assistant III c109 BI-WEEKLY 1,962.38 2,060.50 2,163.52 2,271.70 2,385.28 MONTHLY 4,251.82 4,464.41 4,687.63 4,922.01 5,168.11 ANNUAL 51,021.79 53,572.88 56,251.52 59,064.10 62,017.30 HOURLY 24.53 25.76 27.04 28.40 29.82 Executive Assistant II c101 BI-WEEKLY 1,824.74 1,915.98 2,011.78 2,112.37 2,217.98 MONTHLY 3,953.61 4,151.29 4,358.85 4,576.79 4,805.63 ANNUAL 47,443.26 49,815.42 52,306.19 54,921.50 57,667.58 HOURLY 22.81 23.95 25.15 26.40 27.72 Payroll Technician & Confidential Assistant (At -Will) c092 BI-WEEKLY 1,682.67 1,766.80 1,855.14 1,947.90 2,045.29 MONTHLY 3,645.78 3,828.07 4,019.47 4,220.45 4,431.47 ANNUAL 43,749.36 45,936.82 48,233.66 50,645.35 53,177.62 HOURLY 21.03 22.09 23.19 24.35 25.57 Executive Assistant I c087 BI-WEEKLY 1,609.03 1,689.48 1,773.96 1,862.66 1,955.79 MONTHLY 3,486.24 3,660.55 3,843.57 4,035.75 4,237.54 ANNUAL 41,834.82 43,926.56 46,122.89 48,429.03 50,850.49 HOURLY 20.11 21.12 22.17 23.28 24.45 49 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 50 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended May 31, 2016. (Finance) 50 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended May 31, 2016. PREPARED BY: Ronald Gutlay DEPARTMENT: Fina PHONE: 619-336-4346 APPROVED BY: Lt EXPLANATION: In accordance with California Government Code Section 53646 and City of National City's investment policy section XIIA, 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 May 31, 2016. t FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: Yaw, Finance l APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended May 31, 2016. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 51 of 269 CAI City of National City Consolidated Account #10218 Transaction Ledger 4/30/16 Thru 5/31/16 Transaction 3ntiremenl Acq/hasp 1ypv Elate .CUSIP 011rinlat:y 3ecuraty Duscriptlo+r Pr ocer Yield Amount liitutust Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 05/03/2016 60934N807 Purchase 05/03/2016 60934N807 240,000.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/03/2016 60934N807 0,38 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/09/2016 037833AQ3 270,000.00 Apple Inc Note 2.1% Due 5/5/2019 Purchase 05/11/2016 60934N807 2,317.50 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/15/2016 60934N807 2,062.50 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/20/2016 60934N807 3,700.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/21/2016 60934N807 1,068.75 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/27/2016 60934N807 8,262.50 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/27/2016 60934N807 375,000.00 Federated Prime Value Oblig Govt Oblig Fund Inst. Purchase 05/27/2016 912828UV0 400,000.00 US Treasury Note 1.125% Due 3/31/2020 Purchase 05/31/2016 60934N807 6,153.13 Federated Prime Value Oblig Govt Oblig Fund Inst. 1,385.00 Federated Prime Value Oblig Govt Oblig Fund Inst. 1.000 0.01 % 1,385.00 0.00 1,385.00 1.000 0,01 % 240,000.00 0.00 240,000.00 0.00 1,000 0.01 % 0.38 0.00 0.38 0.00 102.566 1.22 % 275,928.20 47.25 276,975.45 0.00 1.000 0.01 % 2,317.50 0.00 2,317.50 0.00 1.000 0.01 % 2,062.50 0.00 2,062.50 0.00 1.000 0.01 % 3,700.00 0,00 3,700.00 0.00 1.000 0.01 % 1,968.75 0.00 1,968.75 0.00 1.000 0.01 % 8,262.50 0.00 8,262.50 0.00 1.000 0.01 % 375,000.00 0.00 375,000.00 0.00 99.606 1.23 % 398,423,22 700.82 399,124.04 0.00 1.000 0.01 % 5,153.13 0.00 6,153.13 0.00 0.00 Subtotal 1,310,849.76 1,316,201.18 748.07 1,316,949.25 0.00 Security 05/31/2016 90LAIF$00 1,500,000.00 Local Agency Investment Fund State Pool 1.000 1,500,000.00 0.00 1,500,000.00 0,00 Contribution Subtotal 1,500,000.00 1,500,000.00 0.00 1,500,000.00 0.00 Short Sale 05/27/2016 60934N807 -399,124.04 Federated Prime Value Oblig Govt Oblig 1.000 -399,124.04 0.00-399,124.04 0.00 Fund Inst. Subtotal -399,124.04 TOTAL ACQUISITIONS 2,411,725.72 -399,124.04 0.00-399,124.04 0.00 2,417,077.14 748.07 2,417,825.21 0.00 Chandler Asset Management - CONFIDENTIAL 52 of 2691 Execution Time; 6/23/2016 9;27:52 AM ,y-� ( City of National City Consolidated I Account #10218 Transaction Ledger 4/30/16 Thru 5/31/16 Transaction Settlement AkcgdOisp Type: Date CUSIP Ouantity S4cur+ty Description Prate Yleli'i Amount. Interest Pur1Sold Total Amount Oain,'t.ass DISPOSITIONS Closing Purchase Sale Sale Maturity Maturity Security Withdrawal Security Withdrawal 05/27/2016 60934N807 Subtotal 05/09/2016 60934N807 05/27/2016 60934N807 Subtotal 05/03/2015 037833AH3 05/27/2016 3137EACT4 Subtotal 05/05/2016 60934N807 05/31/2016 90SDCP$00 Subtotal -399,124.04 Federated Prime Value Oblig Govt Oblig Fund Inst. -399,124.04 276,975.45 Federated Prime Value Oblig Govt Oblig Fund inst. 399,124.04 Federated Prime Value Oblig Govt Oblig Fund Inst. 676,099.49 240,000.00 Apple Inc Note 0.45% Due 5/3/2016 375,000.00 FHLMC Note 2.5% Due 5/27/2016 615,000.00 1,841.00 Federated Prime Value Oblig Govt Oblig Fund Inst. 6,000.00 County of San Diego Pooled Investment Pool 7,841.00 1.000 -399,124.04 0.00-399,124.04 0.00 .398,124.04 0.00 -399,124.04 0.00 1.000 0.01 % 276,975.45 0.00 276,975.45 0.00 1.000 0.01 % 399,124.04 0.00 399,124.04 0.00 676,099.49 0.00 676,099.49 0.00 100.000 240,000.00 0.00 240,000.00 472.80 100.000 375,000.00 0.00 375,000.00-20,804.83 615,000-00 0.00 615,000.00 -20,331.83 1.000 1,841.00 0.00 1,841.00 0.00 1.000 6,000.00 0.00 6,000.00 0.00 7,841.00 0.00 7,841.00 0.00 TOTAL DISPOSITIONS 899,816.45 899,816.45 0-00 899,816.45 -20,331.83 OTHER TRANSACTIONS Interest 05/03/2016 037833AH3 240,000.00 Apple Inc Note 0.000 540.00 0.00 540.00 0.00 0.45% Due 5/3/2016 Interest 05/03/2016 594918BF0 130,000.00 Microsoft Note 0.000 845.00 0.00 845.00 0.00 1.3% Due 11/3/2018 Interest 05/11/2018 3133EEJ50 450,000.00 FFCB Note 0.000 2,317.50 0.00 2,317.50 0.00 1.03% Due 5/11/2018 Interest 05/15/2016 91159HHD5 250,000.00 US Bancorp Callable Note Cont 4/15/2017 0.000 2,062.50 0.00 2,062.50 0.00 1.65% Due 5/15/2017 Interest 05/20/2016 36962G6K5 270,000.00 General Electric Capital Corp Note 0.000 2,160.00 0.00 2,160.00 0.00 1.6% Due 11/20/2017 Chandler Asset Management - CONFIDENTIAL 53 of 2691 Execution Time: 6/23/2016 9:27:52 AM CA'City of National City Consolidated l Account #10218 Transaction Ledger 4/30/16 Thru 5/31/16 Transaction Settlement AcreDI p interest Type Date ClJSlP Quedtity Secwity Oescriptiagrl Race. Yae]d Amount Arcr Said Total krmnunt Gain/Lgs6 OTHER (TRANSACTIONS Interest Interest Interest Interest Interest Interest Interest 05/20/2016 747525AGB 05/21/2016 3135G0WJ8 05/27/2016 3135G0YT4 05/27/2016 3137EACT4 05/31/2016 912828RU6 05/31/2016 912828SY7 05/31/2016 91282BUB4 Subtotal Dividend 05/03/2016 60934N807 Subtotal 220,000.00 Qualcomm Inc Note 1.4% Due 5/18/2018 450,000.00 FNMA Note 0,875% Due 5/21/2018 440,000.00 FNMA Note 1.625% Due 11/27/2018 375,000.00 FHLMC Note 2.5% Due 5/27/2016 535,000.00 US Treasury Note 0.875% Due 11/30/2016 500,000.00 US Treasury Note 0.625% Due 5/31/2017 450,000.00 US Treasury Note 1% Due 11/30/2019 4,310,000.00 0.000 0.000 0.000 0.000 0.000 0.000 0.000 291,667.84 Federated Prime Value Oblig Govt Oblig 0.000 Fund Inst. 291,667.84 1,540.00 1:968.75 3.575.00 4,687.50 2,340.63 1,562.50 2,250.00 25,849.38 0.38 0.38 0.00 0.00 0.00 0.00 0.00 0.00 0.00 TOTAL OTHER TRANSACTIONS 4,601,667.84 25,849.76 1,540.00 1,968.75 3,575.00 4,687.50 2,340.6:3 1,562.50 2,250 00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 25,849.311 0.00 0.00 0.38 0.00 0.00 0.3.3 0.00 0.00 25,849.75 0.00 Chandler Asset Management - CONFIDENTIAL 54 of 269 Execution Time: 6123/20-..6 9:27:52 AM CC/CDC-HA Agenda 8/2/2016 — Page 55 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended June 30, 2016. (Finance) 55 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Investment Report for the quarter ended June 30, 2016. PREPARED BY: Ronald Gutlay PHONE: 61g-336_4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: r- 14.d o FINANCIAL STATEMENT: APPROVED:'/ Finance ACCOUNT NO. APPROVED: MIS See attached staff report. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: II FINAL ADOPTION: STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended June 30, 2016. BOARD ! COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 56 of 269 ar-i CALIFORNIA NATIONALo 12400apasa'rov City Council Staff Report August 2, 2016 ITEM Staff Report: Investment Report for the quarter ended June 30, 2016. BACKGROUND 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: 1 type of investment; fr issuer (bank or institution); date of maturity; v 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, 2016 is summarized below and compared to the balance as of June 30, 2015. 6/30/2016 6/30/2015 Book Value 1 $ 64,222,021 $ 59,622,103 Market Value 2 $ 64,426,236 $ 59,514,268 (1) actual cost of investments (2) amount at which the Investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 64.74% of the City of National City's total investment portfolio (56.85% and 7.89%, respectively). These 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 remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not 57 of 269 Page 2 Staff Report: Investment Report for the quarter ended June 30, 2016. August 2, 2016 provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss andior penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of June 30, 2016 Total Market %of Issuer/Manager Book Value Market Valuel YTM Portfolio Local Agency Investment Fund 36,556,623 $ 36,627,341 2 0.58% 56,85% Chandler Asset Management 22,582,633 $ 22,716,895 0.67% 35.26% County of San Diego 5,082,765 $ 5,082,000 0.85% 7.89% Totals for June 2016 64,222,021 64,426,236 100.00% 1 includes accrued interest 2 calculated en 30/380 basis Chandler Assei , Management $22,716,895 TOTAL MARKET VALUE $64,426,236 County of San Diego $5.052,000 Local Agency Investment Fund $36,627,341 58 of 269 Page 3 Staff Report: Investment Report for the quarter ended June 30, 2016. August 2, 2016 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended June 30, 2016 - Total Market Valuel Period Yield 'Issuer/Manager 3131/16 6130116 Cha Return_ (Net) Local Agency htitiestmsnt Fund $ 33,884,099 . -$ 38,627,341 j $ 2,783,242 2 0.14%' 0.55% . Chandler Asset Management 22,613,923 ; 22 715,885 ! $ 102,972 1.54% NA 'County of San Diego 5,187,000 ; ' .. $,082,000 ; $ (86,000) 0.14% 0.56% Totals for June 30, 2016 $ 61,645,022 • 5 64,426,238 $ 2,781,215 1.82% 1.10% ' includes accrued Interest 2 Withdrawals 5f20/16 $1,500,000, Deposits 4/26/2016 $1,200,000 & 5f2412016 63.000.000 2 Annualized 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/(losses) for the period, reflected below, were $77,340. These changes include changes in security market values, gaini(loss) from the sale of assets, accrued interest, and reinvested interest/earnings. Issuer1Manager Gainf(Loss) — Chandler Asset Management 22,269 . _. County of San Diego 7.063 LAIF 48,008 Totals for June 30, 2016 $ 77,340 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. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended June 30, 2016. 59 of 269 LAW Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.U. Box 942809 Sacramento, CA 94209-0001 (9l6) 653-3001 CITY OF NATIONA€. CITY FINANCE DIRECTOR 1243 NATIONA1. CITY I3LVD NATIONAL CITY, CA 91950-4397 PMIA Avemee Mont]IJv Yields Account Number: 98-37-576 Tra3S Type Dcinitians Account 5ummarv- Total Deposit: {l,UII Beginning Balance: Total Withdrawal; 0.00 Ending Balance: www.trealurer..ca_tzuvinmia-laif/laitasp July 1 8, 2016 June 2016 Statement 36,556,622.42 36,556,622.92 60 of 269 https://laifms,treasurer,ca.gov/RegularStatem �,L..,J.. 7/18/2016 LAIF Regular Monthly Statement Page l of l Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916} 653-300I CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY RI.VI3 NATIONAL CITY, CA 91950.4397 Effective Transaction Trxn Date Date Type 5/20/2016 5/ 19/2016 RW 5/24/2016 5/24/2016 RD Account Summary Total Deposit Total Withdrawal: Confirm Number 1502240 1502473 PMIA Average Monthly Yields Account Number: 98-37-576 Iran Type Definitions Authorized Caller Amount JAVIER CARCAMO-1,500,(100.00 JAVIER CARCAMO 3,000,000.00 3,000,000.00 Beginning Balance: -1,500,0(10.00 Ending Balance: wo w.treasurer.ca,gov/pm is-laif/laif.asn June 20, 2016 May 2016 Statement 35,056,622.92 36,556,62292 https:fllaifms.treasurer.ca.gov/RegularStateni 61 of 269 6/20/2016 LA1F Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund Y.O. Box 942804 Sacramento, CA 94209-0091 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIOVAL CITY BLVD NATIONAL CITY, CA 91950-4397 PNIIA Aver I Yields Account Number: 98-37-576 Tran Tvpc Definitions wWw.trcasurer.ca.gov/Qm ia-Iaif/laiLasn May 17, 2016 April 2016 Statement Effective Transaction 'Fan Confirm Date Date Type Number Authorized Caller Amount 4/15/2016 4/14/2016 QRT} 1499589 SYSTEM 38,381.68 4126/2016 4/25'2016 RI) 1500552 JAVIER CARCAMO 1,200,000.00 Account Summary Total Deposit: 1,238,381.68 Beginning Balance: 33,8111,241.24 Total Withdrawal: 0.00 Ending Balance_ 35,056,622.92 62 of 269 https://laifms,treasurer.ca.gov/RegularStaterr 5/17/2016 CM CHANDLER. ASSF 1 1'1 Monthly Account Statement City of National City June 1, 2016 through June 30, 2016 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904)645-1918 information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. 'CM City of National City Account #10162 Portfolio Summary As of 6/30/2016 PORTFOLIO CHARACTERISTICS ACCOUNT SUMMARY Q iSSVERS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Llfe US Corporate (9.8 %) Money Market Fund FI (0.1 %) tT� 1.71 1.19 % 1.07 % 0.67 AA+/Aaa 1.74 yrs 1.74 yrs Us Treasury (30.3 %) Supranational (2.0%) Market Value Accrued Interest Total Market Value Income Earned ContIWD Par Book Value Cost Value Beg Values End Values as of 5/31/16 as of 6/30/16 22,534,635 22,652,873 62,082 64,022 22,596,717 22,716,895 22,678 22,269 .1,841 22,473,192 22,491,681 22,564,145 22,582,633 22,564,145 22,582,633 MATURITY DISTRIBUTION 35% 30% 25% 20% 15% 10% 5% t4,7 n 8,6 % 6.6 % 20.0 % 16.4 % 0-,25 '_ 3 1 _ 2 ,-,i 4-5 5+ Maturity (Yrs) Issuer % Portfolio Government of United States 30.3 % Federal Home Loan Mortgage Corp 17.3 Federal National Mortgage Assoc 16,9 % Federal Home Loan Bank 13.1 % Federal Farm Credit Bank 10.3 Intl Bank Recon and Development 2,0 % Berkshire Hathaway 1.3 % Apple Inc 1.2 92.5 % CREDIT QUALITY (S&P) AA - (92.9 %) PERFORMANCE R1IEW Total Rate of Return As of 6/30/2016 City of National City Current Latest Month 3 Months 0.54 % 0.48 Year To Date 1.54 % 1 Yr 1.56 % Annualized 3 Yrs 1.07 % N/A N/A 5 Yrs 10 Yrs 2/29/2012 0.84% Since 2/29/2012 3.70 % BAML 1-3 Yr US Treasury/Agency Index 0.59 % 0.52% 1.42% 1.31 % 0.99 % N/A N/A 0,79 3.49 % Chandler Asset Management - CONFIDENTIAL 64 of 269 Execution Time: 7/3/2016 12:06:13 PM CMI City of National City June 30, 2016 COMPLIANCE WITH INVE TIVIENT POLICY Assets managed by Chandler Asset Management are in full compliance with State law and with the City's investment policy. Category — Standard Comment Municipal Securities BBB rated equivalent by a NRSRO or 4th highest general classification by a NRSRO; 30% maximum Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Supranationals "AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; Issued by: IBRD, IFC, IADB Complies Banker's Acceptances "A-1" rated or higher by at least two NRSROs: and "A" rated long term debt by two NRSROs; 40%maximum; 180 days max maturity; Complies Commercial Paper* "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max maturity;__ Complies FDIC insured Time Deposits/ Certificates of Deposit Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS Complies Negotiable Certificates of Deposit* "A" rated or higher by at least two NRSROs; and/or have short term debt rated "Al" or higher by at least two NRSROs; 30% maximum Complies Medium Term Notes* "A" rated or better by at least two NRSROs; 30% maximum; Issued by corporations organized and operating within the U.S. Complies *Combined exposure 10% combined total exposure to Commercial Paper, Negotiable Certificates of Deposit, and Medium Term Notes Complies Money Market Mutual Funds AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities "AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt by two NRSROs; 20% maximum Complies Local Agency Investment Fund - L.A.I.F. maximum LAIF program; Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes; interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec Complies Callable Securities 20% maximum (does not include "make whole call" securities) Complies Maximum Issuer 5% max (except US Government, its agencies and enterprises) Complies Maximum maturity 5 years Complies 65 of 269 Cityc of National City Account #10162 Income Earned 5/31/16 Thru 6/30/16 CUStl Security Description Trade Date Rook Value l3egin Prier Accrttad Settle Date Book. Value: Act{ Inc. Reeelvad Units Boepis Va4ue: tP sp Ending Accrued Book Vale: End Tetal Interact Atcr CIF Discount Araert Of Premium Net AccretJAmort Intoma Earned Unreal GTL Tetal Irtcotne Fixed Income 037833AQ3 Apple Inc Note 2.1% Due 05/06/2019 05/04/2016 05/09/2016 270,000.00 276,928.20 0.00 0.00 276,928.20 393.75 0.00 866.25 472.50 0.00 0.00 0.00 472.50 0.00 472.50 0846706D9 Berkshire Hathaway Note 1.9% Due 01/31/2017 291,429.60 1,820.04 0.00 06/17/2014 0.00 0.00 0.00 06/20/2014 0.00 2,271.29 0.00 285,000.00 291,429.60 451.25 451.25 0.00 451.25 166764AA8 Chevron Corp Callable Note Cont 11/5/17 1.104% Due 12/05/2017 259,703.60 1,403.31 0.00 05/19/2014 0.00 1,435.20 0.00 05/22/2014 0.00 207.31 0.00 260,000.00 259,703,60 239.20 239.20 0.00 239.20 3130A4GJ5 FHLB Note 1.125% Due 04/25/2018 451,689.00 508.25 0.00 Various 0.00 0.00 0.00 Various 0.00 928.13 0.00 450,000.00 451,689.00 421.88 421.88 0.00 421.88 31331V3Z7 FFCB Note 5.2% Due 09/15/2016 430,134.25 4,006.89 0.00 06/22/2012 0.00 0.00 0.00 06/25/2012 0.00 5,588.56 0.00 365,000.00 430,134.25 1,581.67 1,581.67 0.00 1,581,67 313371PV2 FHLB Note 1.625% Due 12/09/2016 494,888.80 3,726.67 0.00 02/29/2012 0.00 3,900.00 0.00 03/01/2012 0.00 476.67 0.00 0.00 480,000.00 494,668.80 650.00 650.00 650.00 3133782M2 FHLB Note 1.5% Due 03/08/2019 443,207.60 1,521.67 0.00 05/28/2015 0.00 0.00 0.00 05129/2015 0.00 2,071.67 0.00 0.00 440,000.00 443,207.60 550.00 550.00 550.00 313378A43 FHLB Note 1.375% Due 03/09/2018 09/17/2013 09/18/2013 470,000.00 464,472.80 0.00 0.00 464,472.80 1,472.01 0.00 2,010.56 538.55 0.00 0.00 0.00 538.55 0.00 538.55 313379DD8 FHLB Note 1 % Due 06/21 /2017 566,553.75 2,511.11 0.00 03/14/2014 0.00 2,825.00 0.00 03/17/2014 0.00 156.94 0.00 0.00 565,000,00 566,553.75 470.83 470.83 470.83 313380FB8 FHLB Note 1,375% Due 09/13/2019 535,816.60 1,608.75 u.uu Various 0.00 0.00 0.00 Various 0.00 2,227.50 0.00 0.00 540,000.00 536,816.60 618.75 618.75 618.75 Chandler Asset Management - CONFIDENTIAL 66 of 269 Execution Time! 7/3/2016 12:06:13 PM V j cof National City !AAccount #10162 Income Earned 5/31/16 Thru 6/30/16 CU5IP Security Bescrlptien Trade (Dote Book Vaiuo. Begin Seine Date Book Value: Acq Units Brack Value: Disp Book Value_ Entl Prior Acca'ued Ina. Received E riding Accruod Total Interest Ater. Of Discount Anion. Of F'rornium Nel AccretrAmori IrAcdane Earned Unreal Gil T fl& Incorrle 3133EEJ50 FFCB Note 1.03% Due 05/11/2018 05/05/2015 05/11/2015 450,000.00 449,145.00 0.00 0.00 449,145.00 257.50 u.uu 643.75 386.25 0,00 0.00 0.00 386.25 0.00 386.25 3133EFAN7 FFCB Note 0.75% Due 04/24/2017 551,045.00 09/23/2015 0.00 09/24/2015 0.00 550,000.00 551,045.00 423.96 0.00 767.71 343.75 0.00 0.00 0.00 343.75 0.00 343.75 3133EFSJ7 FFCB Note 1.3% Due 12/14/2018 12/10/2015 12/14/2015 550,000.00 549,279.50 0.00 0.00 549,279.50 3,316.81 3,575.00 337.64 595.83 0.00 0.00 0.00 595.83 0.00 595.83 3133EFW52 FFCB Note 1.15% Due 07/01/2019 401,956.00 766.67 04/08/2016 0.00 0.00 04/11/2016 0.00 1,150.00 400,000.00 401,956.00 383.33 0.00 0.00 0.00 383.33 0.00 383.33 3135G0D75 FNMA Note 1.5% Due 06/22/2020 568,778.50 3,809.38 0.00 12/17/2015 0.00 4,312.50 0.00 12/21/2015 0.00 215.63 0.00 575,000,00 568,778.50 718.75 718.75 0.00 711).75 3135G0E33 FNMA Note 1.125% Due 07/20/2018 449,689.56 1,842.19 Various 0.00 0.00 Various 0.00 2,264.06 450,000.00 449,689.56 421.87 u.uu 0.00 0.00 421.87 0.00 421.87 3135GOGY3 FNMA Note 1.25% Due 01/30/2017 409,328.00 1,680.56 0.00 09/17/2012 0.00 0.00 0.00 09/18/2012 0.00 2,097.22 0.00 400,000.00 409,328.00 416.66 416.66 0.00 416.66 313500MZ3 FNMA Note 0.875% Due 08/28/2017 535,429.80 1,231.93 0.00 08/15/2013 0.00 0.00 0.00 08/20/2013 0.00 1,629.32 0.00 545,000,00 535,429.80 397.39 397.39 0.00 397.39 3135G0RT2 FNMA Note 0.875% Due 12/20/2017 07/31/2015 07/31/2015 350,000.00 350,044.80 0.00 0.00 350,044.80 1,369.62 1,531.25 93.58 255.21 0.00 0.00 0.00 255.21 0.00 255.21 3135G0TG8 FNMA Note 0.875% Due 02/06/2018 579,757.60 1,620.45 0.00 12/11/2013 0.00 0.00 0.00 12/12/2013 0.00 2,050.66 0,00 590,000,00 579,757.60 430.21 430.21 0,00 430.21 3135G0WJ8 FNMA Note 0.875% Due 05/21/2018 447,472.80 109.38 0.00 05/05/2015 0.00 0.00 0.00 05/06/2015 0.00 437.50 0.00 450,000.00 447,472.80 328.12 328.12 0.00 328.12 Chandler Asset Management - CONFIDENTIAL 67 of 269 Execution Time: 7/312016 12:06:13 PM -,I City of National City Account #10162 Income Earned 5/31/16 Thru 6/30/16 CUSP Seitrrity Descrinlron Trade Data Book value- Begin Prior Accrued ACcr. D,` Discount Settle Date Beek 'V4lue. Acq Inc. Recopied Amon, o PrernSum Utw115 Beck Value; Disp Ending At:clued Net AccretiArriort Bcok Varuel End Total Interest Income Ecirned Unreal t L ThLa dntume 3135G0YT4 FNMA Note 1.625% Due 11/27/2018 08/31/2015 08/31/2015 440,000.00 446,141.96 0.00 0.00 446,141.96 79.44 0.00 675.28 595.84 0.00 0.00 0.00 595.84 0.00 595.84 3137EAGVV7 FHLMC Note 2% Due 08/25/2016 604,762,00 01/09/2013 0.00 01/10/2013 0.00 575,000.00 604,762.00 3,066.67 0.00 4,025,00 958.33 0.00 0.00 0.00 958.33 0.00 958.33 3137EADC0 FHLMC Note 1 % Due 03/08/2017 538,386.55 1,233.47 0.00 08/20/2012 0.00 0.00 0.00 08/21/2012 0.00 1,679.31 0.00 535,000.00 538,386.55 445.84 445.84 0.00 445.84 3137EADK2 FHLMC Note 1.25% Due 08/01/2019 05/05/2015 05/06/2015 450,000,00 446,149.35 0.00 0.00 446,149.35 1,875.00 0.00 2,343.75 468.75 0.00 0.00 0.00 468.75 0.00 468.75 3137EADLO FHLMC Note 1 % Due 09/29/2017 09/23/2015 09/24/2015 525,000.00 527,709.00 0.00 0,00 527,709.00 904.17 0.00 1,341.87 . 437.50 u.u0 0.00 0.00 437.50 0.00 437.50 3137EADM8 FHLMC Note 1.25% Due 10/02/2019 05/05/2015 05/06/2015 450,000.00 444,822.75 0.00 0.00 444,822.75 921.88 0.00 1,390.63 468.75 0.00 0.00 0.00 468.75 0.00 468.75 3137EADN6 FHLMC Note 0.75% Due 01/12/2018 480,954.59 1,41$ 96 0.00 07/28/2014 0.00 0.00 0.00 07/29/2014 0.00 1,725.21 0.00 0.00 490,000.00 480,954.59 306.25 306.25 306.25 3137EADP1 FHLMC Note 0.875% Due 03/07/2018 397,552.00 816.67 0.00 02/26/2015 0.00 0.00 0.00 02/27/2015 0.00 1,108.33 0.00 0.00 400,000.00 397,552.00 291.66 291.66 291.66 3137EADS5 FHLMC Note 0.875% Due 10/14/2016 11/14/2013 11/15/2013 480,000.00 483,316,80 0.00 0.00 483,316.80 548.33 0.00 898.33 350.00 0.00 0.00 0.00 350.00 0.00 350.00 36962G6K5 General Electric Capital Corp Note 1.6% Due 11/20/2017 11/24/2014 11/28/2014 270,000.00 272,208.60 0.00 0.00 272,208.60 132.00 0.00 492.00 360.00 0.00 0.00 0.00 360.00 0.00 360.00 459058ER0 Intl. Bank Recon & Development Note 1 % Due 10/05/2018 449,867.00 700.00 0.00 03/30/2016 0.00 0.00 0.00 03/31/2016 0.00 1,075.00 0.00 450,000.00 449, 667.00 375.00 375.00 0.00 375.00 Chandler Asset Management - CONFIDENTIAL 68 of 269 Execution Time: 7/3/2016 12:08:13 PM Clty of National City Account #10162 Income Earned 5/31/16 Thru 6/30/16 t;t1SlP Security. Description Trade Gate Book Value: Begin Prior Accrued Accr D# Discount Settle Gate Book Value: Act' Inc Received Amon. OfPrerniurn Urns Book Value- Map Ending Acen er4 Net Book Value' End Total Interest Income Earned Unreal G/L Total Income 594918BFO Microsoft Note 1.3% Due 11/03/2018 10/29/2015 11/03/2015 130,000.00 129,870.00 0.00 0.00 129,870.00 131.44 0.00 272.28 140.84 0.00 0.00 0.00 140.84 0.00 140.84 747525AG8 Qualcomm Inc Note 1,4% Due 05/18/2018 219,205.80 06/16/2015 0.00 06/19/2015 0.00 220,000.00 219,205.80 94.11 0.00 350.78 258.67 0.00 0.00 0.00 256.67 0.00 256.67 808513AK1 Charles Schwab Corp Callable Note Cant 2/10/2018 1.5% Due 03/10/2018 04/07/2015 04/10/2015 250,000.00 251,547.50 0.0u 0.00 251,547.50 843.75 0.00 1,156.25 312.50 0.00 0.00 0.00 312.50 0.00 312.50 91159HHD5 US Bancorp Callable Note Cont 4/15/2017 1.65% Due 05/15/2017 254,227.50 183.33 05/19/2014 u.uu u.uu 05/22/2014 0.00 527.08 250,000,00 254,227.50 343.75 0.00 0.uu 0.00 343.75 0.00 343.75 912828L40 US Treasury Note 1% Due 09/15/2018 10/29/2015 11/02/2015 450,000.00 449,667.52 0.00 0.00 449,667.52 953.80 0.00 1,320.65 366.85 0,00 0.00 0.00 366.85 0.00 366.65 912828RF9 US Treasury Note 1% Due 08/31/2016 10/12/2012 10/15/2012 570,000,00 581,357.38 0.00 0.00 581,357.38 1,440.49 0.00 1,905.16 464.67 0.00 0.00 0.00 464.67 0.00 464.67 912828RU6 US Treasury Note 0.875% Due 11 /30/2016 536,151.21 12.79 0.00 01/28/2016 0.00 0.00 0.00 01/29/2016 0.00 396.50 0.00 535,000.00 536,151.21 383.71 383.71 0.00 383.71 912828SD3 US Treasury Note 1.25% Due 01/31/2019 401,095,09 1,675.82 0.00 04/28/2015 0.00 0.00 0.00 04/30/2015 0.00 2,087.91 0.00 400,000.00 401,095.09 412.09 412.09 0.00 412.09 912828ST8 US Treasury Note 1.25% Due 04/30/2019 449,676.31 489.14 0.00 Various 0.00 0.00 0.00 Various 0.00 947.70 0.00 450,000.00 446,676.31 458.56 458.56 0.00 458.56 9128285Y7 US Treasury Note 0.625% Due 05/31/2017 496,290.74 8.54 0.00 03/14/2014 0.00 0.00 0.00 03/17/2014 0,00 264.69 0.00 500,000.00 496,290.74 256.15 256.15 0.00 256.15 912828TH3 US Treasury Note 0.875% Due 07/31/2019 398,204.46 1,173.08 0.00 03/30/2016 0.00 0.00 0.00 03/31/2016 0,00 1,461.54 0.00 400,000.00 398,204,46 288.46 268.46 0.00 288.46 Chandler Asset Management - CONFIDENTIAL 69 of 269 Execution Time: 7/3/2010 12:08:13 PM City of National City Account #10162 Income Earned 5/31/16 Thru 6/30/16 CU51P Security Description Trade Data Book Valve_ Begin Prior Accrued ACCr Ofl3iscouni Sotto Oats Book Value: Ace Inc. Racolvod Amort Ot Premium Units g Value- 0isp Eradlti9 Actru156 Net Accret+'Amwt 130ok VaFue: End Total Interest lncorr'e Earned! Unreal Gtl. T01o1 IncUme 912828TW0 US Treasury Note 0.75% Due 10/31/2017 02/16/2016 02/17/2016 500,000.00 500,138.39 0.00 0.00 500,138.39 ;72ei.09 0.00 831.79 305.70 0.00 0.00 0.00 305.70 0,00 305.70 912828U84 US Treasury Note 1% Due 11/30/2019 10/29/2015 11 /02/2015 450,000.00 443,181.20 0.00 0.00 443,181.20 12.30 0.00 381.15 368.85 0.00 0.00 0.00 368.85 0.00 368.85 912828UU2 US Treasury Note 0.75% Due 03/31/2018 510,637.68 660.66 0.00 09/03/2014 0,00 0.00 0.00 09/04/2014 0.00 980.33 0.00 520,000.00 510,637.68 319.67 319.67 0.00 319.67 912828UV0 US Treasury Note 1.125% Due 03/31/2020 398,423.22 762.30 0.00 05/25/2016 0.00 0.00 0.00 05/27/2016 0.00 1,131.15 0.00 400,000.00 398,423.22 368.85 368.85 0.00 368.85 912828UZ1 US Treasury Note 0.625% Due 04/30/2018 411,180.30 225.54 0.00 Various 0.00 0.00 0.00 Various 0.00 436.99 0.00 415,000.00 411,180.30 211.45 211.45 0.00 211.45 912828VK3 US Treasury Note 1.375% Due 06/30/2018 402,954,47 2,311.81 0.uu 02/26/2015 0.00 2,750.00 0.00 02/27/2015 0.00 14,65 0.00 400,000.00 402,954.47 453.14 453.14 0.00 453.14 912828WX4 US Treasury Note 0.5% Due 07/31/2016 11/16/2015 11/17/2015 400,000.00 400,016.97 0.00 0.00 400,016.97 670.33 0.00 835.16 164.83 0.00 0.00 0.00 164.83 0.00 164.83 912828XK1 US Treasury Note 0.875% Due 07/15/2018 448,560.10 07/31/2015 0.00 07/31/2015 0.00 450,000.00 448,560,10 1,492.79 0.00 1,817.31 324.52 0.00 0.00 0.00 324.52 0.00 324.52 94974BFG0 Wells Fargo Corp Note 1.5% Due 01/16/2018 11/24/2014 11/28/2014 270,000.00 269,365.50 0,00 0.00 269,365.50 1,518.75 0.00 1,856.25 337.50 0.00 0.00 0.00 337.50 0.00 337.50 TOTAL Fixed Income 22,469,000.00 22,550,952.70 0.00 0.00 22,550,952.70 62,082.35 20,328.95 64,022.08 22,268.68 0.00 0.00 0.00 22,268.68 0.00 22,268.68 Chandler Asset Management - CONFIDENTIAL 70 of 269 Execution Time; 7/3/2018 12:06:13 PM Cityof National City Account [t 1 Accountt #1010162 Income Earned 5/31/16 Thru 6/30/16 Trade Onto Settle Gate Units Cu5.♦iP Se:surity Description Book VarUe: Begin Uoak Val ue: A iq Book Value, D1595 Book Value: End Prior Accrued Inc_ Received Ending Accrueri Total Interest Accr Of Discaunl Antort. Of Premium Nal Accr+:tj,4ritoft Income Earned Unreal GPL Total Incorno Cash & Equivalent 60934N807 Federated Prime Value Oblig Govt Oblig Fund Inst. Various Various 31,880.64 13,192.11 20,329.53 1,841.00 31,680.64 u.uu 0.58 0.00 0.58 0.00 0.00 0.00 0.58 0.00 0,58 TOTAL Cash & Equivalent 31,680.64 13,192.11 20,329.53 1,841.00 31,880,64 0.00 0.58 0.00 0.58 0.00 0.00 0.00 0.58 0.00 0.58 TOTAL PORTFOLIO 22,491,680.64 22,564,144.81 20,329.53 1,841.00 22,582,633.34 62,082.35 20,329.53 64,022.08 22,269.26 0.00 0.00 0.00 22,269.26 0.00 22,269.26 Chandler Asset Management - CONFIDENTIAL 71 of 269 Execution Time: 7/3/2016 12:06:13 PM COUNTY OF AN DIEGO INVESTMENT POOL TREASURY INVESTMENT RESULTS County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, Sari Diego, CA 92101 I www,sdtreastax.com 72 of 269 SUMMARY PORTFOLIO STATISTICS Asset Backed Securities CDARS Collateralized CDs Commercial Paper Disc FDIC CDs Federal Agency- Step Up Federal Agency Amer Callable Federal Agency Bern Callable Federal Agency Coupon Securities Federal Agency Euro Callable Money Markel Accounts Negotiable CDa Repurchase Agreements Supraanationel Callable Supranationals Treasury Coupon Securities Totals for June 2016 Totals for May 2016 Change From Prior Month Portfolio Effective Duration Book Vakre Market Vakie County of San Diego Pooled PMloney Fund As of June 30, 2016 % of Market Accrued Unrealized Per Value Book Value Market Value Portfolio Price 'NAM WAC YTM VTW irderest GamlLoss 46,000,000 47,998,614 4E1,142,180 0.55 10D.296 1,000 0 1.178 1.178 24,902 143,566 10,000,000 10,000,000 14,600,000 0.12 100.000 143 0 0,431 0.421 2,137 D 45,000,000 45,000,000 45,600,000 0,52 100,000 156 0 0.593 0.593 10,194 D 2,143,000,000 2,139,780,964 2,134,984,663 24.63 99.626 72 0 0.778 0.778 0 (4,796,301) 849,500 849,540 849,500 0.01 100.000 65 0 0.369 0.389 611 0 175,000,000 175,000,060 175,170,500 2.01 100.097 1,579 52 2.074 1.906 856,805 170,500 50,000,040 50,000,400 50,071,750 0.57 100.144 990 170 1.290 1,290 190,861 71,750 319,535,000 319,472,542 319,703,1121 3.68 109.053 731 62 1.090 1.090 527,262 230,479 1,260,900,000 1,266,312,061 1,272,760,976 14,58 100.953 504 119 0.944 0.944 3,604,565 6,148,915 281,013,000 281,011,163 281,440,907 3.23 109.152 743 207 1.066 1.056 675,828 429,743 478,017,000 478,1317,000 478,157,000 5.50 100.032 1 0 0.198 0.198 44,878 140,000 2,575,000,000 2,575,000,464 2,576,000,030 29.64 100.040 88 0 13,793 0.793 5,957,469 (464) 2,302,212 2,302,212 2,302,212 13.03 100_000 1 D 0.010 0.010 1 0 140,900,900 100,040,000 100,342,750 1,15 160.343 1,294 299 1.125 1,125 228,943 342,750 298,734,000 298,968,472 299,002,222 3.44 160.355 366 0 0.869 0.869 764,916 833,750 892,000,000 698,146,571 904,535,600 10,34 101.410 685 0 0,924 0,924 2,376,850 6,389,029 8,979,350,712 8,687,859,563 8,698,263,261 100.00 100.217 310 125 0.848 0.844 15,287,183 10,433,717 9,345,763,147 9,313,420,217 (626,432,434) (625,560,554) 0.35 years June Return 0.067% 0.067% Annualized 0.819% 0.818% 9,313,089,133 100,00 100.075 273 93 0.737 0.781 15,918,332 (331,034) (814,826,902) Fiscal Year To Dale Return 0,067% 0.067% Annualzed 0.819% 0.818% 0.142 37 32 0.061 0.063 (631,119.56) 10,734,751 Calendar Year To Dale Return O .355% O .355% Annualized 0.712% 0.712% Mato Yield to maturtlr lYTh3 le the sntimotad rate of return on a bond ;lion its purchase price, aaeumirg all coupon payments are made on u timely basks and rei,vaslsd Idlisle came rate of return to the maturity date, Yield to eat (YK) 6 tha intimated rate or return un a bond given ?ha purchase price, assuming nl coupon payments ale media an a timely basks and reinvested at this cams rye of return to the call date, Yield to worst (YIN) in the lesser of)feldi to maturty o, rieldto ask reflecting the optionalitr [lithe band issuer. Yields for the portfolio are aggregated based on the book value dead ;sourly, ' All Ywesererdn 10(11 truing the morph of Jrare 2116 were in compliance xith the brvesimard Policy dated January 1, 2015, 3 73 of 269 Page 1 of 2 ORGL0046 COLD General Ledger Acti-•ity Report Run Date:07/1B,1G 15:4C:02 Page: 1 of 2 Relnrt Parameters Currtncs UFn Fund Low a 44077 Fund High a 44077 Org Low urg High Dert Account Low Account High Perio.: : .IUN-16 Balance T_1^e . Actual ORGL0046 COSD General Ledger Acti--it; Report Run Date Ol/14/16 15:46:02 Period JUN-16 Page: 2 c.f 2 Org SOURCE CATEGORY NAM DESCRIPTION LINE ITEi; SOURCE ITEM GL DATE DEBIT^ FUND 44077 NATI(NAL CITY IN','ECTMEi7T FUND ACCODUT o 1010v CA-S IN TREASURY Eeginning Balance : 5,002,764.62 ACCOUNT : 34100 FUND BALANCE A`AILAELE nCTUAL BASTE ACCOUNT 8n:69 1NTEREFT RECETPTS Total ___.. ....... ......______. 0.00 Ending Balance : Beginning Balance Tot�.l Ending Balance : Beginning Ealance : Total : Ending Balance Grand Total 5,08k,76i_62 CREDITC 0.00 5,060,053.16 0,00 3.00 5,0G0,059.16 21,905.4u 0.00 0.0o 21,905.46 0.00 0.00 file:///C :/Users/rguilay/AppData/Loca1/MicrosoftlW indows/Tem 74 of 269 iternet%20Fi1es/Content.Outlook/N6UKP3 Z6/fund... 7/1 8/2016 CC/CDC-HA Agenda 8/2/2016 — Page 75 The following page(s) contain the backup material for Agenda Item: Warrant Register #48 for the period of 05/25/16 through 05/31/16 in the amount of $589,818.81. (Finance) 75 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #48 for the period of 05/25/16 through 05/31/16 in the amount of $589,818.81, (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Flrtanc ,���. PHONE: '619-336-4572 APPROVED BY: `(({ EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/25/16 through 05/31/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Arlene Crisostomo Weeks 323577 92,322.90 Refund: T&A 90098; 905 E 8t' St EsGiI Corporation 323604 76,665.49 Plan Check Svcs & Inspections/Building Health Net Inc 323620 71,947.40 Health Ins R1192A / June 2016 Kaiser Foundation 323627 189,369.30 Insurance Active — June 2016 Law Office of William E O'Neil 323633 57,500,00 Liability Claim Cost FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $589,818.81 APPROVED: diao/Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: ;Ratification of warrants in the mount of $589,818.81 BOARD t COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #48 76 of 269 1/3 NATIONAL_ CH7 amv WARRANT REGISTER #48 5/31/2016 PAYEE pESCRIPTION CHK NO DATE AMOUNT GACITUA SILVA, C REIMB / LCC CITY ATTORNEY'S CONFERENCE 323574 5/26/16 576.73 ACEDO, I RETIREE HEALTH BENEFITS/JUNE 2016 323575 5/31/16 160.00 ANDERSON RETIREE HEALTH BENEFITS/JUNE 2016 323576 5/31/16 110.00 ARLENE CRISOSTOMO WEEKS REFUND: T&A 90098; 905 E 8TH ST 323577 5/31/16 92,322.90 ARLENE CRISOSTOMO WEEKS REFUND: T&A 90098; 905 E 8TH ST 323578 5/31/16 427.32 BEARD, P RETIREE HEALTH BENEFITS/JUNE 2016 323579 5/31/16 70.00 BECK, L RETIREE HEALTH BENEFITS/JUNE 2016 323580 5/31/16 140.00 BISHOP, R RETIREE HEALTH BENEFITS/JUNE 2016 323581 5/31/16 110.00 BOEGLER, C RETIREE HEALTH BENEFITS/JUNE 2016 323582 5/31/16 260.00 BOYD JR, P RETIREE HEALTH BENEFITS/JUNE 2016 323583 5/31/16 145.00 C A P F FIRE LTD /JUNE 2016 323584 5/31/16 780.00 CAHN TUITION: CAHN SO REGION TRAINING / PD 323585 6/31/16 25.00 CALIFORNIA LAW ENFORCEMENT PD LTD /JUNE 2016 323586 5/31/16 2,107.00 CARRILLO, R RETIREE HEALTH BENEFITS/JUNE 2016 323587 6/31/16 290.00 CAVENAUGH & ASSOCIATES TUITION: DUI SEMINAR 1 PD 323588 5/31/16 558.00 CITY OF ESCONDIDO TUITION: FIREARMS ARMORER/ PD 323589 5/31/1B 450.00 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT/MAR 2016 323590 5/31/16 926.70 COLE, L RETIREE HEALTH BENEFITS/JUNE 2016 323591 5/31/16 165.00 CONDON, D RETIREE HEALTH BENEFITS/JUNE 2016 323592 5/31/16 280.00 CORPUZ, T RETIREE HEALTH BENEFITS/JUNE 20i6 323593 5/31/16 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS/JUNE 2016 323594 5/31/16 250.00 DAY WIRELESS SYSTEMS RADIO MAINTENANCE / FIRE 323595 5131/16 843.75 DELTA DENTAL DENTAL INS PREMIER / JUNE 2016 323596 5/31/16 15,927.42 DELTA DENTAL COBRA DENTAL INS / APRIL 2016 323597 5/31/16 178.98 DELTA DENTAL INSURANCE CO PM DENTAL INS / JUNE 2016 323598 5/31/16 2,671.68 DESROCHERS, P RETIREE HEALTH BENEFITS/JUNE 2016 323599 5/31/16 110.00 Dt CERCHIO, A RETIREE HEALTH BENEFITS/JUNE 2016 323600 5/31/16 70.00 DILLARD, S RETIREE HEALTH BENEFITS/JUNE 2016 323601 5/31/16 480.00 DREDGE, J RETIREE HEALTH BENEFITS/JUNE 2016 323602 5/31/16 250.00 EISER III, G RETIREE HEALTH BENEFITS/JUNE 2016 323603 5/31/16 250.00 ESGIL CORPORATION PLAN CHECK SERVICES & INSPECTIONS / BUILDING 323604 5/31/16 76,665.49 ESPIRITU, D SUBSISTENCE: POST COMMAND TRAINING 1 PD 323605 5/31/16 780.00 ESTRADA, M REFUND: DOG LICENSE / FINANCE 323606 6/31/16 30.50 EXPERIAN CREDIT CHECK / INVESTIGATIONS - PD 323607 5/31/16 42.80 FABINSKI, D RETIREE HEALTH BENEFITS/JUNE 2016 323608 5/31/16 220.00 FEDEX SHIPPING CHARGES / HR 323609 5/31/16 11.78 FIFIELD, K RETIREE HEALTH BENEFITS/JUNE 2016 323610 6/31/16 540.00 GELSKEY, K RETIREE HEALTH BENEFITS/JUNE 2016 323611 5/31/16 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS/JUNE 2016 323612 6/31/16 120.00 GONZALES, M RETIREE HEALTH BENEFITS/JUNE 2016 323613 5/31/16 480_00 HANSON, E RETIREE HEALTH BENEFITS/JUNE 2016 323614 6/31116 135.00 HARLAN, M RETIREE HEALTH BENEFITS/JUNE 2016 323615 5/31/16 500.00 HAUG, S RETIREE HEALTH BENEFITS/JUNE 2016 323616 5/31/16 120.00 HEALTH NET FULL NETWORK 57135A / JUNE 2016 323617 5/31/16 5,334.29 HEALTH NET HEALTH INS N5992F /JUNE 2016 323618 5/31/16 651.54 HEALTH NET HEALTH IN N5992A / JUNE 2016 323619 5/31/16 543.45 HEALTH NET INC HEALTH INS R1192A / JUNE 2016 323620 5/31/16 71,947.40 HERNANDEZ, R RETIREE HEALTH BENEFITS/JUNE 2016 323621 6/31/16 400.00 HODGES, B RETIREE HEALT 77 of 269 NE 2016 323622 5/31/16 200.00 213 GAUPORNIA.# NATIONAL � E 8 [V utcoxrox x> WARRANT REGISTER #48 5/31/2016 PAYEE pESCRIPTION CHK NO DATE AMOUNT HONDO, E RETIREE HEALTH BENEFITS/JUNE 2016 323623 5/31/16 110.00 IBARRA, J RETIREE HEALTH BENEFITSIJUNE 2016 323624 5/31/16 780.00 JAMES, R RETIREE HEALTH BENEFITSIJUNE 2016 323625 5/31/16 140.00 JUNIEL, R RETIREE HEALTH BENEFITS/JUNE 2016 323626 5/31/16 50.00 KAISER FOUNDATION HEALTH PLANS INSURANCE ACTIVE - JUNE 2016 323627 5/31/16 189,369.30 KAISER FOUNDATION HEALTH PLANS RETIREES INS / JUNE 2016 323628 5/31/16 21,209.57 KAISER FOUNDATION HEALTH PLANS RETIREES INS / JUNE 2016 323629 5/31/16 7,572.29 KAISER FOUNDATION HEALTH PLANS HD H S A INS / JUNE 2016 323030 5/31116 4,365.89 KIMBLE, R RETIREE HEALTH BENEFITS/JUNE 2016 323631 5/31/16 300.00 LANDA, A RETIREE HEALTH BENEFITS/JUNE 2016 323632 5/31/16 155.00 LAW OFFICE OF WILLIAM E O'NEIL LIABILITY CLAIM COSTS 323633 5/31/16 57,500.00 LIMFUECO, M RETIREE HEALTH BENEFITS/JUNE 2016 323634 5/31/16 160.00 MATIENZO, M RETIREE HEALTH BENEFITS/JUNE 2016 323635 5/31/16 100.00 MC CABE, T RETIREE HEALTH BENEFITSIJUNE 2016 323636 5131/16 280.00 MEDINA, R RETIREE HEALTH BENEFITS/JUNE 2016 323637 5/31/16 105.00 MINER, D RETIREE HEALTH BENEFITS/JUNE 2016 323638 5131/16 580.00 MUTHUSAMY, K REIMB: MILEAGE FOR VARIOUS MEETINGS / ENG 323639 5/31/16 210.30 MYERS, B RETIREE HEALTH BENEFITS/JUNE 2016 323640 5/31/16 140.00 NOTEWARE, D RETIREE HEALTH BENEFITS/JUNE 2016 323641 5/31/16 120.00 PAUU JR, P RETIREE HEALTH BENEFITS/JUNE 2016 323642 5/31/16 340.00 PEASE JR, D RETIREE HEALTH BENEFITS/JUNE 2016 323643 5/31/16 140.00 PETERS, S RETIREE HEALTH BENEFITS/JUNE 2016 323644 5/31/16 290.00 POST, R RETIREE HEALTH BENEFITS/JUNE 2016 323645 5/31/16 280.00 PRO BUILD MOP 45707 MISC SUPPLIES f NSD 323646 5/31/16 2,600.50 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SVC / NSD 323647 5/31/16 50.08 RAY, S RETIREE HEALTH BENEFITS/JUNE 2016 323648 5/31/16 190.00 RELIANCE STANDARD VOLUNTARY LIFE INS / JUNE 2016 323649 5/31/16 2,789.40 ROADONE MOP 75948 TOWING SERVICE / PD 323650 5/31/16 180.00 ROARK, L RETIREE HEALTH BENEFITS/JUNE 2016 323651 5/31116 135.00 ROE, V RETIREE HEALTH BENEFITS/JUNE 2016 323652 5/31/16 120.00 RUIZ, J RETIREE HEALTH BENEFITSIJUNE 2016 323653 5/31/16 310.00 S D COUNTY SHERIFFS DEPT SDCO RANGE USE / PD 323654 5/31116 550.00 SAFRAN MORPHOTRUST NEW EMP FINGERPRINT TEST - MARCH 2016 323655 5/31/16 74.00 SAN DIEGO PR DESIGN AND LAYOUT OF NC NEWS 323656 5/31/16 600.00 5D REGIONAL PUBLIC SAFETY TRAINING TUITION: TRAINING / PD 323657 5/31/16 8.00 SANCHEZ, E ED REIMBURSEMENT 323658 5/31/16 235.76 SERVATIUS, J RETIREE HEALTH BENEFITS/JUNE 2016 323659 5/31/16 340.00 SHERWIN WILLIAMS MOP 77816 PAINT/ NSD 323680 5/31/16 90.27 SHORT, C RETIREE HEALTH BENEFITS/JUNE 2016 323661 5/31/16 300.00 SHRED IT USA SHREDDING SERVICES / PD 323662 5131/16 92.95 SMITH. J RETIREE HEALTH BENEFITS/JUNE 2016 323663 5/31/16 320.00 SOSAMON, M ED REIMBURSEMENT 323664 5/31/16 714.60 SPRINGER, K SUBSISTENCE: SWAT TRAINING / PD 323665 5/31/16 210.40 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES / NSD 323666 5131/16 1,037,45 STRASEN, W RETIREE HEALTH BENEFITSIJUNE 2016 323667 5/31/16 135.00 TELLEZ, J SUBSISTENCE: CANNABIS IMPACT/PD 323668 5/31/16 516.38 THE LINCOLN NATIONAL LIFE INS LIFE & AD&D, STD, LTD INS / JUNE 2016 323669 5/31/16 9,423.49 TIPTON, B RETIREE HEAL H RFNFFITS/J JNE 2018 323670 5/31/16 250.00 TUFF PRODUCTS LEATHER GEAR 78 of 269 323671 5/31/16 418.45 3/3 PAYEE U S HEALTHWORKS VERRY, L VILLAGOMEZ, J WEST PAYMENT CENTER WHITE, J WILLY'S ELECTRONIC SUPPLY ZENGOTA,V SDG&E SWEETWATER AUTHORITY WIRED PAYMENTS PAYCHEX BENEFIT TECHNOLOGIES WARRANT REGISTER #48 5131/2016 DESCRIPTION VACCINE - HR RETIREE HEALTH BENEFITS/JUNE 2016 RETIREE HEALTH BENEFITS/JUNE 2016 CLEAR INVESTIGATIVE DATABASES/PD RETIREE HEALTH BENEFITS/JUNE 2016 MOP 45763 MISC SUPPLIES / PD RETIREE HEALTH BENEFITS/JUNE 2016 UTILITIES SVCS 4/18 - 5/17/16 / SA WATER UTILITIES 3/8 - 512/16 / SA BENETRAC ESR SVC BASE FEE MAR 2016 CHK NO DATE AMOUNT 323672 5/31/16 470.00 323673 5/31/16 280.00 323674 5/31/16 480.00 323675 5/31/16 473.49 323676 5/31/16 230.00 323677 5/31/16 211.35 3236(8 5/31116 300.00 323679 5/31/16 207.25 323680 5/31/16 174.91 A/P Tota! 558,728.81 329914 5/31/16 1,090.00 GRAND TOTAL $ 589,818.81 79 of 269 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR 1'HE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMIVIITTEE RONALD J. MORRISON, MAYOR -CH A] N JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTI-IORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2N"0 OF AUGUST, 2016. AYES NAYS ABSENT 80 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 81 The following page(s) contain the backup material for Agenda Item: Warrant Register #49 for the period of 06/01/16 through 06/07/16 in the amount of $2,952,133.53. (Finance) 81 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #49 for the period of 06/01/16 through 06/07/16 in the amount of $2,952,133.53. (Finance) PREPARED BY: C. Apalategu4 DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: `'r( EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/01/16 through 06/07/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Action Target Inc 323684 Chen Ryan Associated Inc 323726 D-Max Engineering 323734 New Century Construction Inc 323759 Wondries Fleet Group 323792 Public Emp Ret System 6032016 73,710.72 50,490.07 52,048.11 83,467.30 62,922.10 362,927.25 Explanation 5 Lanes Wireless All Wheel Drive / PD Division St. Road Diet Project / Eng Stormwater Services Project D Ave. & 12th St. Project 2016 Ford F-250 Truck 4X2 / PW Service Period 05/10/16 — 5/23/16 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,952,133.53 r APPROVED: `7L7,ar_611;471- Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Ratification of warrants in the mount of $2,952,133.53 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #49 82 of 269 1/3 PAYEE SMITH, M ABACORINC ACME SAFETY & SUPPLY CORP ACTION TARGET INC AFFORDABLE BUTTONS COM ALIGNMENT EXPRESS AMERICAN AWARDS BJ'S RENTALS BOUND TREE MEDICAL LLC BROADWAY AUTO GLASS CARDIAC SCIENCE CORPORATION CLF WAREHOUSE DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS (20) DISCOUNT SCHOOL SUPPLY GUERRERO, A HANDY METAL MART LAERDAL MEDICAL CORP LINE X SAN DIEGO MAINTEX INC MEZA, J PRENDELL, E RDO EQUIPMENT CO SAN DIEGO FRICTION PRODUCTS SANCHEZ, A SONSRAY MACHINERY LLC SOUTH COAST EMERGENCY STAPLES BUSINESS ADVANTAGE THE HOME DEPOT CREDIT SERVICES THE SOCO GROUP, INC. VILLEGAS, J VISION INTERNET PROVIDERS AVILES, C CAPPO SAN DIEGO CHEN RYAN ASSOCIATES INC MORRISON, R ACCOUNTING UNIT ALDEMCO AMEDEE, W ATKINS NORTH AMERICA INC BC WIRE ROPE & RIGGING, INC. BROADWAY AUTO GLASS C P RICHARDS SIGNS INC CALIFORNIA COMMERCIAL SECURITY CARDIAC SCIENCE CORPORATION CHEN RYAN ASSOCIATES INC CHRISTENSEN & SPATH LLP CLEAN DIESEL SPECIALISTS INC CORER() ::.CALI FORMIA.* WARRANT REGISTER #49 6/7/2016 DESCRIPTION CHK NO DATE MOVE REIMBIEMPLOYEE PAYCHECK RETURNED BY BANK 323681 6/2/16 2,220.03 REPLACE TAILGATE I PW 323682 6/6/16 813.75 SPECIAL RAINCOATS / PW 323683 6/6/16 71.87 5 LANES WIRELESS ALL. WHEEL DRIVE / PD 323684 6/6/16 73,710.72 CUSTOM BUTTONS / VIA CANO - CM RIOS 323685 6/6/16 486.69 STEERING GEARS 1 PW 323686 6/6/16 1,594.17 NAME TAGS / CM RIOS 323687 6/6/16 11.99 RENTAL OF BOOM 34' TOWABLE GENIE / PW 323688 6/6116 2,178.00 CURAPLEX SELECT HALO SHEAL / FIRE 323689 616/16 134.75 WINDSHIELD / PW 323690 6/6116 290.00 9300 SERIES LITHIUM BATTERY / FIRE 323691 616/16 5,153.00 RADIAL SEAL OUTER AIR / PW 323692 6/6/16 450.30 RETREAD TIRES / PW 323693 6/6/16 3,115.69 PORTABLE RADIO / FIRE 323694 6016 348.98 TEACHERS MOBILE METAL CABINET / CSD 323695 6/6/16 1,812.53 EMERGENCY MEDICAL SVCS SCHOLARSHIP 323696 6/6/16 1,000.00 BLACK SPRAY PAINT / PARKS 323697 6/6/16 18.90 HEARTSAVER CPR WORKSHOP/FIRE 323698 6/6/16 435.48 WEATHER TECH FLOOR MATS / PW 323699 6/6/16 322.65 JANITORIAL SUPPLIES 1 PW 323700 6/6/16 320.27 EMERGENCY MEDICAL SVCS SCHOLARSHIP 323701 6/6/16 1,000.00 REIMB / MILEAGE / EXCEL VB ADVANCED 323702 6/6116 23.76 RADIATOR AND GASKET f PW 323703 6/6/16 105.61 M110 SHEPPARD BOX/ PW 323704 6/6/16 1,747.68 EMERGENCY MEDICAL SVCS SCHOLARSHIP 323705 6/6/16 1,000.00 GLASS / PW 323706 6/6/16 476.20 CAP COOLANT RESERVIOR f PW 323707 6/6/16 237.78 30X72 RECTANGULAR TABLES / CSD 323708 6/6/16 1,521.87 DECORATIVE MED CAB / PARKS 323709 616/16 384.21 5 GALLON VP SEF94 /FIRE 323710 6/6/16 281.18 EMERGENCY MEDICAL SVCS SCHOLARSHIP 323711 6/6/16 1,000.00 VISION INTERNET WEBSITE UPGRADE 323712 6/6/16 15,612.00 EMERGENCY MEDICAL SVCS SCHOLARSHIP 323713 6/7/16 - 1,000.00 TRAINING AT COUNTY OF S D - FINANCE 323714 6/7/16 98.00 DIVISION ST ROAD DIET PSE f ENG 323715 6/7/16 32,649.12 LINENS/2015 STATE OF THE CITY ADDRESS 323716 617/16 736.53 NC PUBLIC WORKS YARD 323717 6/7/16 4,734.39 CONSUMABLES- NUTRITION CENTER 323718 6/7/16 255.47 REFUND: FITBIT TRACKERS-WEIGHTLOSS 323719 617/16 228.33 FY17 TAX ROLL SERV. PROJECT 323720 6/7/16 7,072.00 SAFETY HARNESS / PW 323721 617/16 43.60 WINDSHIELD GREEN TINT / PW 323722 617/16 179.98 MATTE SCRIM BANNER / FIRE 323723 6/7/16 85.33 MOP#45754 SUPPLIES / PW 323724 6/7/16 62.90 POWERHEART AED 03 PACKAGE/COMM SVC 323725 6/7/16 1,295.09 DIVISION ST. ROAD DIET PROJECT / ENG 323726 6/7/16 50,490.07 LEGAL / FIRST TIME HOME BUYER 323727 6/7/16 56.25 HEATER MODULE 208VAC/ PW 323728 6/7/16 2,169.77 RMS/AFR SUPF 83 of 269 323729 6/7/16 26,000.00 2/3 IY DANIELS TIRE SERVICE DEEPNET SECURITY LIMITED DEPARTMENT OF JUSTICE DIAMOND ENVIRONMENTAL SVCS D-MAX ENGINEERING DUNBAR ARMORED INC FERGUSON ENTERPRISES !NC FIRE ETC FITNESS DIRECT FLYERS ENERGY LLC GEORGE'S LAWN EQUIPMENT CO GEOSYNTEC CONSULTANTS INC GOVCONNECTION INC GRAINGER HARRIS & ASSOCIATES HINDERLITER DE LLAMAS & ASSOC HUDSON SAFE T LITE RENTALS IBM INNOVATIVE CONSTRUCTION KAPLAN EARLY LEARNING COMPANY KIMLEY HORN AND ASSOC INC KONICA MINOLTA KTU&A MEDIFIT COMMUNITY SERVICES LLC MOSSY NISSAN MUNICIPAL INFORMATION SYSTEMS NATIONAL CITY AUTO TRIM NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NEW CENTURY CONSTRUCTION INC NORTH COUNTY FORD O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PCS MOBILE PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY QUALA TEL ENTERPRISES RED WING SHOES STORE RON BAKER CHEVROLET SAFDIE RABINES ARCHITECTS SAM'S ALIGNMENT SERVICE SAN DIEGO GAS & ELECTRIC SAN DIEGO PLASTICS INC SCS ENGNEERS/FIELD SVC SDG&E SEECLICKFIX SMART & FINAL 'FP* CALIF J WARRANT REGISTER #49 6/7/2016 j7ESCRIPTION MOP#76986 TIRES / PW SAFEID CLASSIC TOKENS NEW EMPLOYEE FINGERPRING TEST RESULTS EVENT PREMIER RESTROOM RENTAL / CSD STORMWATER SERVICES PROJECT ARMORED SERVICES / APRIL / FINANCE MOP#45723 PIPE SUPPLIES BLACK STRUCTURE BOOTS / FIRE AGILE FIT RUBBER DUMBBELL MOBIL SYNTHETIC OIL / PW LANDSCAPPING SUPPLIES / PARKS PARADISE CREEK EMERGENCY MAINT PROJECT ADOBE ACROBAT DC PROFESSIONAL / MIS MOP#65179 SUPPLIES / FIRE PROFESSIONAL SERVICES- SEWER CONTRACT / SALES TAX QTR1 2015 / FIN CONCRETE IN A CAN / PW IBM SOFTWARE SUBSCRIPTION / MIS PARADISE CREEK REST. PROJECT LITTLE SCHOLAR TABLETS / CSD PW RECONSTRUCTION PHASE 4 PROJECT COPIER EQUIPMENT LEASE / APRIL 2016 DOWNTOWN SPECIFIC PLAN PROJECT MANAGEMENT FEE / CSD ROTATE TIRES / PW SOUTHERN CHAPTER FULL MISAC RENEWAL CUSHION REPAIR / PW MOP#72454 SUPPLIES / PW MOP#66556 SUPPLIES / PW D AVE. & 12TH ST. PROJECT 2016 FORD F-250 2WD SUPERCAB / PW MOP#75877 AUTO SUPPLIES JANITORIAL SUPPLIES- NUTRITION MISC REPAIR ASSY ON MDC / MIS R&M CITY VEHICLE REPAIR / PW MOP#67839 AUTO PARTS / PW MOP 45707 MISC SUPPLIES / NSD MOP#45742 LAUNDRY SERVICES / PARKS SIGTRONICS HEADSETS/WINDSCREENS / PW SAFETY BOOTS / PW MOP#45751 AUTO EQUIPMENT AQUATIC CENTER PROJECT MOP#72442 AUTO EQUIPMENT GAS & ELECTRIC - NUTRITION CENTER COROPLAST WHITE 4MM / PW PROFESIONAL SERVICES / EMG GAS & ELECTRIC UTILITIES SEECLICKFIX APPLICATION FY 2017 / MIS MOP 45756 MIS+ 84 of 269 owl SVC CHK NO DATE AMOUNT 323730 6/7/16 1,923.80 323731 6/7/16 1,195.00 323732 6/7/16 1,494.00 323733 6/7/16 200.67 323734 617116 52,048.11 323735 6/7/16 219.09 323736 6/7/16 480.02 323737 617/16 8,698.20 323738 6/7/16 491.78 323739 6/7/16 2,279.60 323740 6/7/16 159.93 323741 6/7/16 20,826.18 323742 6/7/16 3,849.00 323743 6/7/16 1,023.40 323744 617/16 480.00 323745 6/7/16 5,233.34 323746 6/7/16 117.72 323747 6/7/16 2,176.94 323748 6/7/16 47,172.50 323749 6/7/16 3,334,47 323750 6/7/16 713.90 323751 6/7/16 293.15 323752 6/7/16 38,700.75 323753 6/7/16 30,616.21 323754 6/7/16 19.95 323755 6/7/16 160.00 323756 6/7/16 321.55 323757 6/7/16 395.00 323758 6/7/16 20.44 323759 617/16 83,467.30 323760 6/7/16 34,458.86 323761 6/7/16 547.59 323762 6/7/16 157.45 323763 6/7/16 942.42 323764 6/7/16 707.75 323765 6/7/16 369.11 323768 6/7/16 3,440.77 323767 6/7/10 351.30 323768 6/7/16 509.44 323769 6/7/16 125.00 323770 6/7/16 558.92 323771 6/7/16 38,557.44 323772 6/7/16 144.00 323773 617/16 2,355.00 323774 6/7/16 437.09 323775 6/7/16 1,407.20 323776 6/7/16 26,806.85 323777 6/7/16 15,132.00 323778 6/7/16 439.90 r r r �-C, ► •jFAR.NjAI..- 3/3 PAYEE SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIFORNIA SOIL SPARKLETTS STAPLES BUSINESS AL)VANI"AGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TYLER BLIK DESIGN INC USBANK VISTA PAINT WAVETEC CONSTRUCTION WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY WONDRIES FLEET GROUP AMAZON BAKER & TAYLOR BRODART CO GABRIEL LE BLANC JANWAY COMPANY USA INC NEW READERS PRESS HATCH, G KANE BALLMER & BERKMAN KEYSER MARSTON ASSOCIATES INC OPPER & VARCO LLP SDG&E WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Start Date 12 5/24/2016 WARRANT REGISTER #49 6/7/2016 DESCRIPTION BUSINESS CARD MASTER SHELLS / FINANCE EL TOYON & KIMBALL PARK UPGRADES PROJECT WATER / NUTRITION CENTER COPY PAPER/ PD WATER SERVICE UTILITIES CONSUMABLES/FOOD - NUTRITION CONSULTATION & DESIGN SVCS FOR SIGNS CREDIT CARD EXPENSES / FIRE MOP 68834 PAINT SUPPLIES / NSD 726 W. 19TH ST. PROJECT MOP#63850 AUTO EQUIPMENT 1 PW MOP#45763 ELECTRICAL SUPPLIES / PW 2016 FORD F-250 TRUCK 4 X 2 / PW BOOKS - LIBRARY BOOKS- LIBRARY BOOKS - LIBRARY LATIN JAZZ PERFORMER/ LIBRARY 2GB GENERIC FLASH DRIVE / LIBRARY BOOKS FOR LITERACY COLLECTION REAL ESTATE APPRAISAL 1837 A STREET LEGAL / CENTEO PURCHASE AND SALE / SA LEGAL / PALM PLAZA 33433 SUMMARY / SA LEGAL f WITOD / SA UTILITIES SVCS 4/22 - 5/23/16 / SA SERVICE PERIOD 05/10/16 - 05/23/16 GASB 68 REPORTING SERVICES FEE Start Date 6/1/2016 End Date 6/6/2016 End Date 6/7/2016 Check Date 6/15/2016 CHK NO DATE AMOUNT 323779 6/7/18 1,061,45 323780 6/7/16 6,649.00 323781 6/7/16 33.68 323782 6f7/16 2,010.58 323784 6/7116 25,057.77 323785 6/7/16 6,215.74 323786 617/16 5,000.00 323787 6/7/16 2,454.31 323788 6/7/16 694.49 323789 6/7/16 18,012.00 323790 6/7/16 475.34 323791 6/7/16 32.09 323792 6/7/16 62,922.10 323793 6/7/16 2,741.10 323794 6/7/16 507.50 323795 6/7/16 312,41 323796 6/7/16 250.00 323797 6/7/16 371.00 323798 6/7/16 511.56 323799 6/7/16 1,000.00 323800 617/16 7,357.50 323801 617/16 2,083.75 323802 6/7/16 260.00 323803 6/7/16 18.38 14113 Total 826,627.94 6032016 6/3/16 362,927,25 6062016 6/6/16 5,000.00 789,432.74 968,145,80 GRAND TOTAL $2,952,133.53 85 of 269 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRE) BY LAW. 1/1 MARK ROBERTS, FINAN E LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE —MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER 1 HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2'\'13 OF AUGUST, 2016. AYES NAYS ABSENT 86 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 87 The following page(s) contain the backup material for Agenda Item: Warrant Register #50 for the period of 06/08/16 through 06/14/16 in the amount of $818,658.24. (Finance) 87 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #50 for the period of 06/08/16 through 06/14/16 in the amount of $818,658.24. (Finance) PREPARED BY: K. Apalategut DEPARTMENT: Financ9 APPROVED BY: PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/08/16 through 06/14/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Advanced Exercise Equip 323804 63,160.20 City Of Chula Vista Public Emp Ret System 6102016 Check/Wire Amount Explanation Gym Equipment / Police Department 323824 106,128.50 AR 136459 Impounds / PD 378,445.75 Service Period 05/24/16 — 06/06/16 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $818,658.24 APPROVED: k_hieFinance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: )Ratification of warrants in the mount of $818,658.24,, BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #50 88 of • 269 1/3 -* CAFC.R.141A *k# PAYEE ADVANCED EXERCISE EQUIPMENT ALIGNMENT EXPRESS ALPHA PROJECT FOR THE HOMELESS AMEDEE, W ASPEN RISK MANAGEMENT GROUP AT&T AT&T AT&T AT&T MOBILITY BACALLAO,I BATES, J BEECHER, J BRIAN COX MECHANICAL INC BROADWAY AUTO GLASS CALIFORNIA COMMERCIAL SECURITY CALIFORNIA DIESEL COMPLIANCE CARTEGRAPH SYSTEMS INC CESNAUSKAS, S CHILDREN'S HOSPITAL CIRCULATE SAN DIEGO CITY OF CHULA VISTA CITY OF NATIONAL CITY CLEAN DIESEL SPECIALISTS INC CLEAN HARBORS CLF WAREHOUSE COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC DANIELS TIRE SERVICE DATA TICKET INC EDD EQUIFAX INFORMATION SVCS FEDEX FLEET SERVICES INC FLORES CLARK, J FLORES, R FREE FORM CLAY & SUPPLY FRIENDLY UPHOLSTERY FRIENDS OF THE READ S D GRAINGER GROSSMAN PSYCHOLOGICAL HANDY METAL MART HOTSY PRESSURE WASHING HUDSON SAFE T LITE RENTALS HUNTER'S NURSERY INC NATIONAL CHIT WARRANT REGISTER #50 6/14/2016 DESCRIPTION CUiK NO DATE AMOUNT GYM EQUIPMENT / POLICE DEPARTMENT 323804 6/14/16 63,160.20 KIT -BUSHING FOR SUSPENSION / PW 323805 6/14/16 2,177.66 EXPENSE REIMB I APRIL 2016 / NSD 323806 6/14/16 10,000.00 REIMB: CAT COMBAT TOURNIQUETS 323807 6/14/16 129.44 FIELD VISIT OBSERVATION & EVALUATIONS 323808 6/14/16 2,700,00 PHONE SERVICES / 4/13/16-5/12/16 323809 6/14/16 7,892.73 PHONE SERVICES / 4106/16-5/05/16 323810 6/14/16 187.22 PHONE SERVICES / MAY 2016 323811 6/14/16 44.58 WIRELESS SERVICE / 4/06/16-5/05/16 323812 6/14/16 2,661.17 LICENSE REIMBURSEMENT 323813 6/14/16 110.00 INSTRUCTOR FEE: WILDLAND TACTICS 323814 6/14/16 1,260.26 REIMB: JOB CERTIFICATION / PW 323815 6/14/16 160.00 CITY WIDE HVAC 323816 6/14/16 186.00 WINDSHIELD W MOLDING 323817 6/14/16 262.00 MOP#45754 BUILDING SUPPLIES 323818 6/14/16 273.52 OPACITY TESTING AND DPP CLEANING 323819 6/14/16 295.00 PERMIT LICENSE & TRACKING / MIS 323820 6/14/16 12,000.00 ED REIMBURSEMENT/ FIRE 323821 6/14/16 1,128.60 FORENSIC INTERVIEW / PD 323822 6/14/18 1.088.00 ON -CALL ACTIVE TRANSPORTATION PLANNING 323823 6/14/16 292.50 AR136459 IMPOUNDS / PD 323824 6/14/16 106,128.50 PETTY CASH REPLENISHMENT/ APRIL 2016 323825 6/14/16 302.71 HEATER / PW 323826 6/14/16 2,169.77 HOUSEHOLD HAZARDOUS WASTE 323827 6/14/16 603.50 EQUIPMENT MAINTENANCE SUPPLIES 323828 6/14/16 917.16 PURCHASE OF POOL CHEMICAL SUPPLIES 323829 6/14/16 3,950.00 BUILDING RECORDS / COMM DEV 323830 6/14/16 12.00 PARCEL RECORD REQUEST / NSD 323831 6/14116 2.00 RENEWAL: UNIFIED FACILITY PERMIT/ENG 323832 6/14116 765.00 REGIONAL COMMUNICATIONS SYSTEMS / MAY 323833 6/14/16 8,038.84 INTERNET SERVICE / MAY 2016 323834 6/14/18 188.03 RISK MANAGMENT SVCS / MAY 2016 323835 6/14/16 2,800.00 P265/70R16 TIRES 323836 6/14/16 2,639.10 TICKET APPEALS & ON-LINE ACCESS / NSD 323837 6/14/16 1,937.50 UNEMPLOYMENT INSURANCE REIMB 323838 6/14/16 9,321.52 EQUIFAX SERVICES / S8 323839 6/14/16 101.25 EXPRESS SHIPMENT/ ENG 323840 6/14/16 66.94 DRUM/BRAKE SHOES/BRAKE KIT 323841 6/14/16 790.84 REIMB: MANA MEMBERSHIP FOR MAYOR 323842 6/14/16 40.00 WEARING APPAREL 1 PW 323843 6/14/16 90.00 1 BOX - UFC / PW 323844 6114/16 50.53 FABRICATE HOSE BED COVER 323845 6/14/16 90.00 REGISTRATION / READ SD TUTOR CONE / LIBR 323846 6/14/18 210.00 MOP#165179 SUPPLIES / PW 323847 6114/16 411.53 PRE-EMP EVALUATIONS -APR 2016/ PD 323848 6/14/16 1,375.00 PS SHEET 14 GAGE / PW 323849 6/14/16 55.36 HOT WATER PRESSURE WASHER 1 PW 323850 6/14/16 5,555.31 28'. REFLECTIVE CONES / PW 323851 6/14/16 490.50 MOP 45719 PLJ1 89 of 269 323852 6/14/16 257.68 PAYEE IRON MOUNTAIN JOHNSON, S KONICA MINOLTA LASER SAVER INC LEFORTS SMALL ENGINE REPAIR LOKESH S TANTUWAYA MD INC LOPEZ, T MANGUM, N MARCHANTE, A MELLADO DESIGNS METRO AUTO PARTS DISTRIBUTOR MORRISON, D MUNOZ, L NATIONAL CREDIT REPORTING NE)( XOS WORLDWIDE LLC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PACIFIC TELEMANAGEMENT SERVICE PCS MOBILE PENSKE FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY QUAL CHEM CORPORATION SAS ALIGNMENT SERVICE SAN DIEGO FRICTION PRODUCTS SAN DIEGO UNION TRIBUNE SAVMART PHARMACEUTICAL SERVICE SDG&E SEAPORT MEAT COMPANY SHERWIN WILLIAMS SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH BAY MOTORSPORTS SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPEEDPRO IMAGING STANLEY ACCESS TECHNOLOGIES STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES THE STAR NEWS PUBLISHING COMP TODD PIPE & SUPPLY LLC TRAFFICWARE LLC 4 pCALIFOR NIA ..,I. NATIONAL CITY WARRANT REGISTER #50 6/14/2016 DESCRIPTION RECORDS/DOCUMENT STORAGE 1 JUN 2016 REIMB: SUPPLIES FOR TINY TOTS / COMM SVC COPIER EQUIP LEASE /4/04/16-4/30/16 MOP 45725 INK CARTRIDGE / MIS SPARK PLUG/FUEL FILTERIFUEL LINE / PW MEDICAL SERVICES / PD INTERPRETATION SVCS / COMM DEV REIMB / LCC CITY ATTORNEY CONF / MANGUM BOOK - KEYS FOR WRITERS/ COMM DEV SPORT-TEK LADIES POLO SHIRT / HOUSING & HR MOP#75943 AUTO PARTS / PW REIMB: PROCLAMATION FRAMES WORKPLACE INVESTIGATION WORKSHOP/HR CREDIT REPORTING / S8 BLUE LINE FRH WITH HEATERS / FIRE 1-944259 / LAZYBOY CHAIRS MOP#75877 AUTO SUPPLIES PAYPHONE SERVICES / JUN 2016 RETROFIT TO GPS / MIS R&M CITY VEHICLES MOP#67839 AUTO PARTS MOP#45707 SUPPLIES / PW MOP#45742 LAUNDRY SERVICES / NSD 5GAL PAIL GRANULAR SEWER MAINTAINER / PW MOP#72442 AUTO PARTS MIRROR / PW LEGAL NOTICES ADVERTISING PHARMACEUTICALS / FIRE GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER PAINT, HEAVY DUTY WIRE, BLUE TAPE / NSD MOP#69277 LANDSCAPE SUPPLIES MOP 45756 TINY TOTS SUPPLIES/COMM SVC MOP 63845 TCTI CARDS 1 PD R & M CITY VEHICLES CITY WIDE OFF SITE WINDOW, DOOR, MIRROR/PW MOP#45758 OIL SUPPLIES MONTHLY MAINTENANCE / APRIL 2016 FORD TAURUS VEHICLE GRAPHICS CITY WIDE DOOR REPAIR & REPLACEMENT / PW MOP 45704 OFFICE SUPPLIES / FINANCE COLD MIX ASPHALTS/TACK OIL WATER SERVICE UTILITIES CONSUMABLES/FOOD - NUTRITION EMP SUPPORT SVC - APR 2016 / PD ELECTRIC AIR COMPRESSOR / PW ADVERTISEMENT: TOWING CITY WIDE PLUMBING MATERIALS INSTALL AND M 90 of 269 IC SOFTWARE 2/3 CHK NO PATE AMOUNT 323853 6/14/16 157.00 323854 6/14/16 173.28 323855 6/14/16 6,800.19 323856 6114/16 212.33 323857 6/14/16 328.86 323858 6/14/16 770.00 323859 6/14/16 140.00 323860 6/14/16 672.97 323861 6/14/16 56.36 323862 6/14/16 636.12 323863 6/14/16 2,096.31 323864 6/14/16 45.34 323865 6/14/16 55,62 323866 6/14/16 27.65 323867 6/14/16 2,808.00 323868 6/14/16 706.58 323869 6/14/16 203.88 323870 6/14/16 153.00 323871 6/14/16 11,009.00 323872 6/14/16 810.61 323873 6/14/16 449,07 323874 6/14/16 465.35 323875 6/14/16 677.35 323876 6/14/16 496.04 323878 6/14/16 449.71 323879 6/14/16 171.89 323880 6/14/16 1,664.40 323881 6/14/16 84.14 323882 6/14/16 26,866.24 323883 6/14/16 262.87 323884 6/14/16 3,857.68 323885 6/14/16 672.20 323886 6/14/16 129.50 323887 6/14/16 936.34 323888 6/14/16 2,848.03 323889 6/14/16 494.75 323890 6/14/16 76,23 323891 6/14/16 12, 034.22 323892 6/14/16 904.40 323893 6/14/16 3,499.05 323894 6/14/16 2,627.21 323895 6/14/16 3,118.00 323896 6114/16 13.66 323897 6/14/16 627.34 323898 6/14/16 800.00 323899 6/14/16 616.27 323900 6/14116 74.31 323901 6/14/16 779.81 323902 6/14/16 3,099.00 3/3 PAYEE U S BANK U S HEALTHWORKS UNDERGROUND SERVICE ALERT VERIZON WIRELESS VISION SERVICE PLAN VISTA PAINT WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY ZUMAR INDUSTRIES INC WIRED PAYMENTS PAYCHEX BENEFIT TECHNOLOGIES CITY NATIONAL BANK ARCO BUSINESS SOLUTIONS PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYMENTS 0 CALIFORNIA NATIONAL CITY arconvokezersp WARRANT REGISTER #50 6/14/2016 DESCRIPTION CREDIT CARD EXPENSES / HR PRE-EMP PHYSICALS / HR UNDERGROUND SERVICE ALERT CELLULAR SERVICE / 4/22/16-5/21/16 VISION SVC PLAN (CA) JUNE 2016 MOP 68834 PAINT SUPPLIES / NSD MOP#63850 AUTO SUPPLIES MOP 45763 MISC SUPPLIES / MIS UNIVERSAL CLAMP/DOUBLE STICK TAPE / PW ESR SERVICES BASF FFF JUNE 2015 LEASE PAYMENT #25 ENERGY PROJECT FUEL FOR CITY FLEET MAY 2016 SERVICE PERIOD 05/24/16 - 06/06/16 Start Date End Date 6/8/2016 6/14/2016 CHK NO DATE 323903 6114/16 323904 6/14/16 323905 6/14/16 323906 6/14/16 323907 6114/16 323908 6/14/16 323909 6/14/16 323910 6/14/16 323911 6/14/16 AMOUN,j 3,156,35 678.00 184.50 10,769.25 479.41 518.38 222.59 108.05 536.23 AIP Total 367,880.36 200957 6110/16 585828 6/14/16 598602 6/13/16 6102016 6/10/16 407.00 43,101.10 17,014.51 378,445.75 12,029.52 GRAND TOTAL $ 818,658.24 91 of 269 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABWITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBE TS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIV1L, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 23' OF AUGUST, 2016. AYES NAYS ABSENT 92 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 93 The following page(s) contain the backup material for Agenda Item: Warrant Register #51 for the period of 06/15/16 through 06/21/16 in the amount of $2,555,094.36. (Finance) 93 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #51 for the period of 06/15/16 through 06/21/16 in the amount of $2,556,094.36. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fina PHONE: 019-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/15/16 through 06/21/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/ire Western Rim Construction 323920 City of San Diego 323952 Kimley Horn and Assoc Inc 323974 M A Stevens Construction Inc 323979 Project Professionals Corp 323990 West Tech Contracting Inc 324021 South Bay Community Svcs 324040 Tristar Risk Management 585822 Amount 397,610.86 114,926.00 83,690.90 69,331.04 70,426.93 294,920.55 66,813.00 54,365.71 Explanation El Toyon & Kimball Skate Project Fire Dispatch Services / Jan -Mar 2016 Euclid Avenue Project Library Remodel Project Plaza Blvd. Widening Project Paradise Creek Ret. Project Horne Investment Partnership Agreement May 2016 WC Replenishment �rz FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $2,555,094.36 APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review, ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the mount of $2,555,094.36 BOARD ! COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #51 94 of 269 CA,L! FOR.NIA -O 1/3 PAYEE A REASON TO SURVIVE AT&T CALIFORNIA CONSERVATION CORPS DALEY & HEFT LLP DICK MILLER INC GOVCONNECTION INC KTU&A RELY ENVIRONMENTAL WESTERN RIM CONSTRUCTORS INC ABLE PATROL & GUARD BAKER & TAYLOR BIBLIOTHECA LLC BRODART CO FIRST BOOK NATIONAL OFFICE GOVCONNECTION INC GRASS ROOTS PRESS LASER SAVER INC LIEU, C MARJORIE, B MIDWEST TAPE MOLTER, D SALAZAR ROLLON, R SCHOLASTIC LIBRARY PUBLISHING SMART & FINAL STAPLES BUSINESS ADVANTAGE THE SHOPPER INC U S POSTMASTER WORLD BOOK SCHOOL AND LIBRARY WORLD BOOK SCHOOL AND LIBRARY THE LAW OFFICES OF EDWARD Z KOTKIN ADDICTION MEDICINE AETNA RESOURCES FOR LIVING ALAN CROSTHWAITE INC BENEDEK, E BMI BOOT WORLD BSE ENGINEERING, INC. CALIFORNIA ELECTRIC SUPPLY CEB CHEN RYAN ASSOCIATES INC CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DANIELS TIRE SERVICE DUNBAR ARMORED INC DURON, C NATIONAL CUT amv WARRANT REGISTER #51 6/21/2016 DESCRIPTION PARADISE CREEK PROJECT PHONE SERVICES/03/13/16-04/12/16 FLOOD CONTROL PROJECT LIABILITY CLAIM COST PLAZA BLVD WIDENING N AVE TO 1-805 PROJECT DUAL RADIO RJ45 WIRELESS SRTS PEDESTRIAN ENH. PROJECT PUBLIC WORKS YARD PROJECT EL TOYON & KIMBALL SKATE PROJECT SECURITY GUARD SERVICE FOR THE LIBRARY BOOKS- LIBRARY SERVICE AGREEMENT FOR 3M MODEL 8422 BOOKS - LIBRARY GIVEAWAY BOOKS FOR CHILDREN iPAD AIR 2, 16GB, WI-FI SPACE GRAY / LIBRARY BOOKS FOR THE LITERACY COLLECTION MOP#45725 - SUPPLIES / LIBRARY REIMBURSEMENT / LITERACY SUPPLIES MILEAGE REIMBURSEMENT FOR TRAINING DVD'S/AUDIO BOOKS - LIBRARY MILEAGE REIMBURSEMENT FOR TRAINING MILEAGE REIMBURSEMENT FOR TRAINING GROLIER ONLINE RENEWAL / LIBRARY MOP #45756 - SUPPLIES / LIBRARY MOP #45704 - SUPPLIES . LIBRARY DVD PROCESSING SUPPLIES -LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY WB ENCYCLOPEDIA 2016 / LIBRARY OUT OF STATE SALES TAX FOR PO# 80119 LEGAL 1 OVERSIGHT BOARD / S A D 0 T TESTING PROGRAM JUL-DEC 2016 EMP ASSISTANCE PROGRAM - JUNE 2016 PHOTOGRAPHYNIDEOGRAPHY SVC REIMB: !AFC FIRE -RESCUE MED BMI LICENSE FY 2017 MOP#64096 WEARING APPAREL PD UPGRADES PROJECT MOP##45754 SUPPLIES PUBLICATION ANNUAL UPDATES DIVISION ST. ROAD DIET PROJECT 1 ENG FIRE DISPATCH SERVICES / JAN - MARCH 2016 RISK SERVICES / MARCH 2016 PURCHASE OF POOL CHEMICAL SUPPLIES RENEWAL FACILITY PERMIT RENEWAL FACILITY PERMIT SHARE OF PC REVENUE - MAY 2016 RECAPPING TIRES / PW ARMORED SERVICE/ FINANCE ED REIMBURSE 95 of 269 CHK NO DATE AMOUNT 323912 8/20116 22,015.56 323913 6/20/10 6,100.93 323914 6/20/16 35,336.00 323915 6/20116 2,330.33 323910 6/20/16 78,528.85 323917 6/20/16 3,699.68 3.23918 6/20/16 1,202.50 323919 6/20/16 1,437.00 323920 6/20/16 397,510.86 323921 6/21/16 3,198.93 323922 6/21/16 1,722.06 323923 6/21/16 1,215.90 323924 6/21/10 180.75 323925 6/21116 235.40 323926 6/21/16 2,047.96 323927 6/21/16 460.70 323928 6/21/16 206.99 323929 6/21/16 39.49 323930 6/21/16 17.39 323931 6121/16 368.53 323932 8/21/16 15.44 323933 6/21/16 11.60 323934 6/21/16 2,809.00 323935 6/21/16 67.99 323936 6121/16 559.06 323937 6/21/16 980.44 323938 6121/16 98.00 323939 6/21/16 849.00 323940 6/21/16 76.41 323941 6/21/16 894.57 323942 6121/16 1,500.00 323943 6121/16 809.08 323944 6/21/16 3,500.00 323945 6i21/16 68.99 323946 6121/16 602.00 323947 6/21/16 231.90 323948 6/21/16 2,160.00 323949 6/21/16 72.41 323950 6/21/16 257.35 323951 6121/16 6,473.25 323952 6/21/16 114,926.00 323953 6/21/16 6,626.20 323954 6121/16 2,571.86 323955 6/21/16 856.00 323956 6/21/16 797.00 323957 6/21/16 9,555.05 323958 6/21/16 2,183.09 323959 6/21/16 458.90 323960 6/21/16 27.00 `c 4 ,�.F0,R.NIk 2/3 PAYE ENTERPRISE FLEET MANAGEMENT ESGIL CORPORATION FEDEX FERNANDEZ, K GEORGE WATERS NUTRITION CENTER GEORGE WATERS NUTRITION CENTER GRAINGER HINDERLITER DE LLAMAS & ASSOC HINDERLITER DE LLAMAS & ASSOC IXII GROUP IXII GROUP JJJ ENTERPRISES JUST CONSTRUCTION INC KIMLEY HORN AND ASSOC INC KNOX ATTORNEY SERVICE INC KTU&A L B CIVIL CONSTRUCTION INC LUCAS, M M A STEVENS CONSTRUCTION INC MABPA MABPA METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MORRISON, D NATIONAL CITY CHAMBER PADRE JANITORIAL SUPPLIES PEREZ, C POWERSTRIDE BATTERY CO INC PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RON BAKER CHEVROLET S & J BUILDERS & RESTORATION SAM'S ALIGNMENT SERVICE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SDG&E SEAPORT MEAT COMPANY SITEONE LANDSCAPE SUPPLY LLC SPARKLETTS SPOK INC NATION44..cirr f. larc014.16,B,Airry WARRANT REGISTER #51 6/21/2016 DESCRIPTION MONTLY CHARGES FOR CITY FLEET PLAN CHECK SERVICES f BUILDING TRANSCRIPT DELIVERY/ CITY ATTNY ED REIMBURSEMENT BOXED LUNCHES - COMM SVC DAY NEIGHBORHOOD COUNCIL BREAKFAST MOP#65179 SUPPLIES / PW CONTRACT SVCS - SALES TAX 2ND QTR AUDIT SVCS- SALES TAX 4TH QTR 2015 TUITION: DISPATCHER WELLNESS/ PD TUITION: DISPATCHER CUSTOMER SVC/PD CITY WIDE FIRE AND SECURITY ALARM PARADISE VALLEY RD. PED. PROJECT EUCLID AVENUE PROJECT PROCESS OF SERVICE/ CITY ATTNY NC DOWNTOWN SPECIFIC PROJECT FINAL RETENTION FOR A AVE GREEN ST PROJECT RIMB: IAFC FIRE RESCUE MED LIBRARY REMODEL PROJECT MEMBERSHIP FEES/ M. RIOS MEMBERSHIP FEES/ R MORRISON MOP 76943. AUTOMOTIVE SUPPLIES / PW FIRE EXTINGUISHER SYSTEM, REIMB: PAPER FOR CERTIFICATES NC TOURISM MARKETING - APR 2016 JANITORIAL SUPPLIES- NUTRITION REIMS: INTRODUCTORY BUDGET/ FINANCE MOP#67839 AUTO PARTS MOP#45707 SUPPLIES PLAZA BLVD. WIDENING PROJECT MOP#45742 LAUNDRY SERVICES / PW N.C. CORRECTIVE ACTION PROJECT MOP#45751 AUTO PARTS CITY WIDE GENERAL BUILDING REPAIRS MOP#72442 AUTO PARTS TUITION: POST CERT FIELD TRAIN/ PD TUITION: CPT/ PD TUITION: CPT/ PD TUITION: CPT/ PD TUITION: POST DUI COURSE/ PD TUITION: CPT TUITION PAYMENT/ PD TUITION; TRAFFIC ENFOR RADAR/ PD TUITION: FIELD TRAINING! PD TUITION: RADAR -LASER OPERATOR/PD GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER MOP#45720 LANDSCAPING SUPPLIES WATER - COUNCIL METROCALL PA 96 of 269 CHK NO DATE AMOUNT 323961 6/21/16 14,516.51 323962 6/21/16 3,071.00 323963 6121/16 50.80 323964 6/21/16 1,200.00 323965 6/21 /16 2,100.00 323966 6/21/16 1,062.50 323967 6/21/16 131.31 323968 6/21/16 3,355.22 323969 6/21/16 47.88 323970 6121/16 297.00 323971 6121 /16 297.00 323972 6/21/16 330.00 323973 6/21/16 11,558.67 323974 6/21/16 /33,690.90 323975 6/21/16 90.25 323976 6/21/10 9,088.75 323977 6/21/16 23,002.36 323978 6/21/16 136.15 323979 6/21/16 69,331.04 323980 6/21 /16 250.00 323981 6/21/16 250.00 323982 6/21/16 141.13 323983 6/21/16 210.15 323984 6/21/16 40.84 323985 6/21/16 31,913.11 323986 6/21/16 321.41 323987 6/21/16 269.00 323988 6/21/16 163.45 323989 6/21/16 1,085,15 323990 6/21/16 70,426.93 323991 6/21/16 253.77 323992 6/21/16 4,450.00 323993 6/21/16 227,62 323994 6/21/16 2,099.00 323995 6/21/16 423.00 323996 6/21/16 69.00 323997 6/21/16 46.00 323998 6/21/16 46.00 323999 6/21/16 46.00 324000 6/21/16 23.00 324001 6/21/16 23.00 324002 6/21/16 23.00 324003 6/21/16 23.00 324004 6/21/16 9.20 324005 6/21/16 33,552.27 324006 6/21/16 119.10 324007 6/21/16 669.71 324008 6/21/16 2,00 324009 6/21/16 655.49 CA.0FO NIA .�- 3/3 PAYEE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TIERRA WEST ADVISORS INC TOM MOYNAHAN TRITECH SOFTWARE SYSTEMS U S BANK U S HEALTHWORKS WEST COAST ARBORISTS, INC. WEST TECH CONTRACTING INC WILLY'S ELECTRONIC SUPPLY ACME SAFETY & SUPPLY CORP AFFORDABLE BUTTONS COM DISCOUNT SPECIALTY CHEMICALS GEORGE'S LAWN EQUIPMENT CO GRANICUS INC GTC SYSTEMS INC HANDY METAL MART LINCOLN AQUATICS LINE X SAN DIEGO MOSSY NISSAN OFFICE SOLUTIONS BUSINESS ORIENTAL TRADING COMP LLC PRO -TECH INDUSTRIES R J SAFETY SUPPLY 5 & S WELDING SAN DIEGO PLASTICS INC SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE THE HOME DEPOT CREDIT SERVICES THE SAN DIEGO UNION TRIBUNE TRI TECH REPROGRAPHICS VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY Z A P MANUFACTURING INC WIRED PAYMENTS TRISTAR RISK MANAGEMENT TRISTAR RISK MANAGEMENT PAYROLL Pay period Start Date 13 617/2016 NAMOatict414 enrr WARRANT REGISTER #51 6/21I2916 DESCRIPTIQN MOP 45704 OFFICE SUPPLIES/ FINANCE MOP 61744 HARD DRIVE/ MIS CONCRETE DELIVERY SERVICES FOR STREET WATER SERVICE UTILITIES CONSUMABLES/FOOD - NUTRITION PROFESSIONAL SERVICES / PLANNING MOP#45734 AUTO SUPPLIES TUITION: PUBLIC SAFETY PEER SUPPORT/PD CREDIT CARD EXPENSES/ PD DOT EXAM & VACCINE CONTRACTING SERVICES FOR TREE TRIMMING PARADISE CREEK REST. PROJECT MOP 45763 RAMC SUPPLIES / MIS MISC SIGNS I LOVE NATIONAL CITY BUTTONS TOUGH SCRUBS / PW 24CC LT / PARKS SERVICES JUNE / MIS PRODUCTION SNS RENEWAL PS EXPANDED 3/4 / PW ONE TIME USE WRIST BANDS / CSD HUSKY FLOOR LINERS / PW NISSAN VEHICLE PURCHASES FOR FY16 STANDARD GRADE RESIN MULTICULTURAL. FOAM FOOT SHAPES / CSD ORANGE DEODORANT BEAD BAGS ORANGE TWO TONE VESTS SPECIAL GALVANIZED/ PW WHITE PVCX SHT 3MM 1/8" HOME INVESTMENT PARTNERSHIP AGREEMENT SENSOR, PRESSURE FRC 0-6 MATERIAL / PW STAPLES SAFECO REVEAL MAGAZINE HDX 17 GAL TOTE TOWING CONTRACT SERVICES OVERSIZED PLANS CL 2 BASE JANITORIAL SUPPLIES-PW RED EC FILM MAY 2016 WC REPLENISHMENT PREFUND FOR STEVEN CESNAUSKAS End Date Check Date 6/20/2016 6/29/2016 CHK NO DATE AMOUNT 324010 6/21/16 1,029.11 324011 6/21/16 422.50 324012 6/21/16 501.53 324013 6/21/16 293.18 324014 6/21 /16 4.146.53 324015 6/21/16 5,490.00 324016 6/21/16 40.00 324017 6/21/16 1,450.00 324018 6/21/16 2,704.96 324019 6/21/16 363,00 324020 6/21/16 7,707.15 324021 6/21/16 294,920.55 324022 6/21/16 74.03 324023 6/21/16 375.45 324024 6/21/16 973.31 324025 6/21/16 311.60 324026 6/21/16 539.11 324027 6/21/16 1,702.35 324028 6/21/16 24,174.64 324029 6/21/16 64.53 324030 6/21/16 612.03 324031 6/21/16 355.35 324032 6/21/16 31,512.76 324033 6/21/16 1,236.06 324034 6/21/16 345.31 324035 6/21/16 330.57 324036 6/21/16 297.79 324037 6/21/16 414.20 324038 6/21/16 345.64 324039 6/21/16 66,813.00 324040 6/21/16 1,455.59 324041 6/21/16 233.00 324042 6/21/16 845.93 324043 6/21/16 58.13 324044 6/21/16 175.00 324045 6/21/16 87.64 324046 6/21 /16 153.04 324047 6/21/16 2,194.30 324048 6/21/16 450.96 A/P Total 1,544,280.98 585822 6/15/16 54,365.71 585837 6/15/16 16,818.75 039,628.94 97 of 269 GRAND TOTAL $2,5555,094.36 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERR.Y CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY TIIAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED '1'0 ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 2`D OF AUGUST, 2016. AYES NAYS ABSENT 98 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 99 The following page(s) contain the backup material for Agenda Item: Warrant Register #52 for the period of 06/22/16 through 06/28/16 in the amount of $656,714.71. (Finance) 99 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Warrant Register #52 for the period of 06/22/16 through 06/28/16 in the amount of $656,714.71. (Fina nce) PREPARED BY: K. Apalategui PHONE::619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/22/16 through 06/28/16. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor DOI Marketing L P Check/Wire 324074 Kinsman Construction Inc 324090 Amount 95,460.81 188,071.39 DEPARTMENT: Financ APPROVED BY: Explanation Poweredge R930 1TB Ram / MIS P.D. Building Improv. Project FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $656,714.71 APPROVED: . , s,I,e_ Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratification of warrants in the mount of $656,714.71 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #52 1000T"Lba CAUFO RNIA 1/3 PAYEE MIR PURIFICATION SYSTEMS ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP AFFORDABLE BUTTONS COM ALDEMCO ALIGNMENT EXPRESS ALPHA PROJECT FOR THE HOMELESS AT&T AT&T AT&T AT&T MOBILITY BOOT WORLD BSN SPORTS CHILDREN'S HOSPITAL CHILDREN'S HOSPITAL CLAIMS MANAGEMENT ASSOCIATES COX COMMUNICATIONS CPP PRINTING DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DELL MARKETING L P DEPARTMENT OF JUSTICE DISPLAYS2G0 D-MAX ENGINEERING DPREP INC E2 MANAGE TECH INC EDWARD PROFESSIONAL ADVISORS EXPERIAN FEDEX FLYERS ENERGY LLC FON JON PET CARE CENTER GRAINGER HARRIS & ASSOCIATES HUSS INC KALANKIEWICZ, C KANE BALLMER & BERKMAN KINSMAN CONSTRUCTION INC KONE KONICA MINOLTA L N CURTIS & SONS LANGUAGE LINE SERVICES LIEBERT CASSIDY WHITMORE LINE X SAN DIEGO M A STEVENS CONSTRUCTION INC NATIONAL CITY mconronATED WARRANT REGISTER #52 6128/2016 DESCRIPTION LOWER HOSE FOR EXHAUST SYSTEM / PW SNAG PERFORMAN CORE POLO / FIRE UNI RIVETS / STREETS DIVISION CUSTOM BUTTONS / COUNCIL CONSUMABLES- NUTRITION CENTER ATF DEX MERC QT / PW EXPENSE REIMB / MAY 2016 / NSD PHONE SERVICES 5/13/16 - 6/12/16 PHONE SERVICES 6/13/16 - 7112/16 PHONE SERVICES JUNE 2016 WIRELESS SERVICE 5/06116 - 6/05/16 MOP#64096 SAFETY BOOTS XT685 TREADMILL SAFE ROUTES TO SCHOOL CYCLE 3 PROJECT CASE 16-01671 / FORENSIC INTERVIEW / PD RISK AND CLAIMS SERVICES / MAY 2016 INTERNET SERVICE JUN 2016 BACK DROP BANNER / CSD LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS 1 RISK LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS / RISK TIRES / PW POWEREDGE R930 1TB RAM / MIS NEW EMP FINGERPRINT TEST RESULTS CBSD43SV DISPLAY CASE REFUND / T&A# 90120 / PROJECT 2016032W CRITICAL INDIGENT RESPONSE TRAINING / PD N.G. 2020 HOOVER AVE. PROJECT 2016 TEAM BOILING WORKSHOP / PD CREDIT CHECKS/INVESTIGATIONS- PD FEDEX SERVICES JUN 10, 2016 MOBIL FLEET 15W401 PW KP GROOMING AND BOARDING/MARKO MOP#65179 SUPPLIES / PW 8TH ST, CORR. SMART PROJECT TEMP SENSOR 2 PIN CONNECTOR / PW ADV SUBS / DUI SEMINAR / PD LEGAL / OVERSIGHT BOARD / 2 A P.D, BUILDING IMPROV. PROJECT CITY WIDE ELEVATOR MAINTENANCE COPIER EQUIPMENT LEASE MAY 2016 GOLD GEMINI UNIFORMS / FIRE INTERPRETATION SERVICES / PD FIRE PAYROLL FLSAAUDIT FLOOR LINERS / PW LIBRARY REMC 101 of 269 CHIC P4O L1ATE AMOUNT 324049 6/28/16 218.08 324050 6/28/16 269.95 324051 6/28/16 111.18 324052 6/28/16 168.19 324053 6/28/16 1,413.91 324054 6128/16 1,536.67 324065 6/28/16 10,000.00 324056 6/28/16 6,215.38 324057 6/28116 147.22 324058 6/28/16 44.58 324059 6/28/16 2,669.36 324060 6/28/16 444.36 324061 6/28/16 7,384.87 324062 6/28/16 7,107.38 324063 6/28/16 448.00 324064 6/28/16 5,760.00 324065 6/28/16 3,774.37 324066 6/28/16 133.91 324067 6/28116 6,395,97 324068 6/28/16 3,268.16 324069 6/28/16 2,652.30 324070 6/28/16 2,379.93 324071 6/28/16 999.48 324072 6/28/16 121.38 324073 6/28/16 2,781.00 324074 6128/16 95,460.81 324075 6/28/16 834.00 324076 6/28/16 401,25 324077 6/28/16 1,345.00 324078 6/28/16 4,250.00 324079 6/28/16 1,562.60 324080 6/28/16 4,740.00 324081 6/28/16 35.50 324082 6/28/16 171.45 324083 6/28/16 1,591.57 324084 6/28/16 490.00 324085 6/28/16 30.02 324086 6/28/16 2,631.25 324087 6/28116 574.86 324088 6/28/16 640.00 324089 6/28/16 1,800.00 324090 6/28/16 188,071.39 324091 6/28/16 3,195.00 324092 6/28/16 7,591.43 324093 6/28/16 13,227.64 324094 6/28/16 71.00 324095 6/28/16 65,00 324096 6/28/16 403.14 324097 6128/16 43,639.93 PAYEE MANNING & KASS MARLO'S AUTO SPECIALTIES MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MENDIVIL, A MORALES, 1 MOTOROLA SOLUTIONS INC NAPA AUTO PARTS NATIONAL CITY CAR WASH NBS ONLC TRAINING CENTERS PACIFIC AUTO REPAIR PACIFIC SAFETY CENTER PARTS AUTHORITY METRO LLC PORAC LEGAL DEFENSE FUND POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY QUESTYS SOLUTIONS R J SAFETY SUPPLY RED WING SHOES STORE ROADONE RON BAKER CHEVROLET ROUNDS, R S & S WELDING S D COUNTY SHERIFF'S DEPT SAFRAN MORPHOTRUST SAN DIEGO HYDRAULICS SAN DIEGO PET SUPPLY SAN DIEGO REGIONAL COMPUTER SDG&E SHERWIN WILLIAMS SHRED IT USA SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART & FINAL SOUTHERN CALIF TRUCK STOP SOUTHERN CALIFORNIA SOIL SOUTHWEST SIGNAL SERVICE SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STILES, J STINNETT, R SWEETWATER AUTHORITY THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC 2/3 I CAI JIFI :R:NIA { �+ NATIONAL. L WARRANT REGISTER #52 6/28/2016 DESCRIPTION LIABILITY CLAIM COSTS / RISK REPAIR AND REFINISH DOORS / PW LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS / RISK LIABILITY CLAIM COSTS / RISK REJMB / SHIRTS & EMBROIDERY GOLF COURSE LEASE FY 2017 / CSD M25URS9PWIAN, APX 6500 7/800MHZ MID MOP#45735 AUTO PARTS MOP#72454 AUTO MAINT / PW LANDSCAPE MAINTENANCE / S A DATACENTER OPERATIONS COURSES / MIS MOP#72448 AUTO PARTS TRAINING / TRENCHING AND EXCAVATING / PW MOP#75943 AUTO PARTS LEGAL DEFENSE FUND / PD MOP#67839 AUTO PARTS MOP 45707 SUPPLIES - PD MOP#45742 LAUNDRY SERVICES / PARKS MOP 45742 LAUNDRY SERVICE.- PW CMX SEARCH TRAINING / CITY CLERK ORANGE VEST TWO TONE 1 PW SAFETY BOOTS / STREETS MOP 75948 TOWING SERVICE - PD MOP#45751 AUTO PARTS ADV SUBS / FBI ACADEMY / PD TRAF GRATE GALVANIZED / PW SDCO RANGE USE / PD NEW EMPLOYEE FINGERPRINT CONTROLLER / PW MOP 45753 K-9 FOOD - PD FY 2016 INVESTIGATIVE SERVICE FEE / PD GAS & ELECTRIC UTILITIES TITAN POWRTWIN PT4900 PLUS / NSD SHREDDING SERVICES FOR MAY 2016 MOP#45720 HORTICULTURAL ITEMS MOP 45756 MISC SUPPLIES - PD MOP 45756 WATER - PD MOP#45758 OIL PLAZA BLVD. AND N AVE. PROJECT MONTHLY MAINTENANCE / PW VINYL SUPPLY / PW MOP 45704 SUPPLIES - PD EDUCATIONAL REIMBURSEMENT MEAL REIMB / FAITH BASED MEETING / PD WATER SERVICE UTILITIES ECHO GAS BLOWER / PW MOP#45726 AU 102 of 269 CHIC NO DATE AMOUNT 324098 6/28/16 110.00 324099 6/28/16 475.00 324100 6/28/16 5,350.02 324101 6/28/16 3,714,90 324102 6/28/16 697.50 324103 6/28/16 17.00 32'1104 6/28/16 204.02 324105 6/28/16 2,000.00 324106 6/28/16 19,900.64 324107 6/28/16 83.84 324108 6/28/16 410.00 324109 6/28/16 985.00 324110 6/28/16 10,662.20 324111 6/28/16 1,013.39 324112 6/28/16 310.00 324113 6/28116 1,058.89 324114 6/28/16 148.50 324115 6/28/16 192.17 324116 6/28/16 2,045.37 324117 6/28/16 447.71 324118 6/28/16 25.08 324119 6/28/16 1,200.00 324120 6/28/16 82.84 324121 6/28/16 125.00 324122 6/28/16 180.00 324123 6/28/16 1,172.80 324124 6/28/16 1,16'2.50 324125 6/28/16 414.20 324126 6/28/16 650.00 324127 6/28/16 50.00 324128 6/28/16 831.82 324129 6/28/16 535.09 324130 6/28116 12,000.00 324131 6/28/16 20,852.69 324132 6/28/16 3,268.91 324133 6/28/16 92.95 324134 6/28/16 334.37 324135 6/28/16 345.28 324136 6/28/10 37.00 324137 6/28/16 93.88 324138 6/28/16 8,461.50 324139 6/28/16 12,636.95 324140 6/28/16 298.00 324141 6/28/16 1,188.73 324142 6/28/16 230.00 324143 6/28/16 139.12 324144 6/28/16 27.268.34 324145 6/28/16 389.86 324146 6/28/16 334.69 CALIFORNIA.., 3/3 PAYEE THOMSON REUTERS TOPECO PRODUCTS TUFF PRODUCTS TURF STAR VALLEY INDUSTRIAL SPECIALTIES VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY GONZALEZ, M BEAUCHESNE, D CAMACHO, J NUTTALL, M WIRED PAYMENTS TRISTAR RISK MANAGEMENT TRISTAR RISK MANAGEMENT SECTION 8 HAPS PAYMENTS NATIONAL ( X O , ATSD WARRANT REGISTER #52 6/28/2016 DESCRIPTION CLEAR INVESTIGATIVE DATABASES MOP#63849 AUTO PARTS LEATHER GEAR / POLICE BLADE ROTARY 1 PW MOP#46453 SUPPLIES K9 VET CARE /POLICE CELLULAR SERVICE MAY 05 - JUN 04 2016 MOP#63850 PIPES / PW MOP 45763 SHARE WIRELESS / MIS REFUND: WAGE GARNISHMENT f LIBRARY ADV SUBS / VIOLENT CRIME ANALYSIS / PI) ADV SUBS / 2016 BAKERSFIELD K9 TRAILS / PD ADV SURS / 2016 RAKERSFIELD K9 TRAILS f PR PREFUND FOR CHRISTOPHER MILLER PREFUND REQUEST FOR JOHN MCGOUGH Start Date End Data 6/22/2016 6/28/2016 GRAND TOTAL CHIC NO DATE AMOUNT 324147 6128/16 473,49 324148 6/28/16 272.50 324149 6/28/16 680.40 324150 6/28/16 342,82 324151 6/28/16 44.84 324152 6/28/16 31.93 324153 6128/16 851.31 324154 6128/16 1.426.04 324155 6/28/16 1,522.36 324156 6/28/16 67.00 324157 6/28/16 659.00 324158 6/28/16 201.95 324159 6/28/16 201.95 A/P Total 590,271.71 520041 6/23/16 47,745.00 528807 6/22/16 14,645.00 4,053.00 $ 656,714.71 103 of 269 Certification IN ACCORDANCE WI'l'H SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 714, MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOUS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SALD WARRANTS 1N PAYMENT THEREOF BY THE CITY COUNCIL ON THE 21VD OF AUGUST, 2016. AYES NAYS ABSENT 104 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 105 The following page(s) contain the backup material for Agenda Item: Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) (Planning) 105 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: !Public Hearing — Conditional Use Permit for beer and wine sales at Gama Produce located at 1605 East 4th Street. (Applicant: Susana Maza) (Case File 2015-28 CUP) PREPARED BY: Martin Reeder, AiCP PHONE: 336-4313 EXPLANATION: Gama Produce applied for a Conditional Use Permit (CUP) to sell beer and wine for off -site consumption. The market has been in operation since the year 2000. Hours of operation of the market are 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. Proposed alcohol sales hours would be the same. A Type 20 (Off -Sale Beer and Wine) license is currently being processed with the California Department of Alcoholic Beverage Control (ABC). DEPARTMENT: pi APPROVED BY: The Planning Commission voted to deny the Conditional Use Permit based on overconcentration of existing alcohol licenses and the high area crime rate. City Council considered a Notice of Decision for this item on June 7, 2016, at which time the item was set for public hearing. The attached background staff report describes the proposal in detail.; FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: "Staff recommends denial of the Conditional Use Permit.:" BOARD 1 COMMISSION RECOMMENDATION: The Planning Commission denied the Conditional Use Permit. Ayes: Baca, Garcia, Sendt Noes: DeLaPaz, Flores Abstain: Bush, Yamane' Finance MIS ATTACHMENTS: 1. Overhead 6. Reduced Plans 2. Background Report 6. Site Photos 3. Recommended Findings & Conditions 7. Public Hearing Notice 4. Department and Agency comments 8. Planning Commission Resolution No. 2016-11 106 of 269 2015-28 CUP — Gama Produce (beer and wine) — Overhead 107 of 269 BACKGROUND REPORT Overview Gama Produce has applied for a Conditional Use Permit (CUP) to sell beer and wine for off -site consumption. The market has been in operation since the year 2000. Hours of operation of the market are 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. A Type 20 (Off -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is Gama Produce, a neighborhood market at the northeast comer of East 4th Street and Palm Avenue in the Minor Mixed -Use Corridor (MXC-1) zone. The existing market is approximately 2,800 square feet in size and has a 13-space parking lot. The property is located south and west of the California Army National Guard Armory. Gama Produce has been in business at this location since 2000. Proposed Use The applicant is requesting to sell beer and wine for off -site consumption between the current operating hours of 7:30 a.m. to 8:00 p.m. Monday to Friday, and 7:30 a.m. to 7:00 p.m. on the weekends. Beer and wine would be stored in a cooler located in the rear of the store. Analvsis Section 18.30.050 of the National City Land Use Code allows for off -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol OUP's include expanded notification, a community meeting, and distance requirements. 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, as was done in this case. 356 people were notified by mail of this public hearing. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, January 4, 2016 at 5:00 p.m. at the National City Chamber of Commerce. The applicant has stated that four people were in attendance. A copy of the advertisement, sign -in sheet, and minutes are attached. Distance Requirements -- Chapter 18.030.050 (D) requires that businesses that sell alcohol as a principal use maintain a 660-foot distance from schools. However, sales of alcohol in this case would be accessory to a market, and would thus not be subject to this requirement. The nearest school is El Toyon Elementary School, which is located over 800 feet away and is east of Interstate 805. 108 of 269 Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required 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. The use is allowable within the Minor Mixed -Use Corridor zone pursuant to a Conditional Use Permit, and the proposed alcohol sales meet the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A market is a retail use that is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan. In addition, the property is not within a Specific Plan area. 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. No expansion of the building is proposed. The proposal involves an existing market, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of other products, no measurable increase in traffic is expected. Access to and from the site is provided by Palm Avenue and East 4th Street, both collector streets. Palm Avenue north of 41h currently operates at a Level of Service (LOS) of F, while the street south of 4th has a LOS of E. East 4th Street in this location is operating at a LOS of D. Both streets are operating at or above capacity, hence the poor levels of service. However, the sale of alcohol is not expected to result in an increase in Average Daily Trips (ADT) such that the LOS would be affected, particularly as the area devoted to alcohol sales is minimal. 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. 109 of 269 The proposed use would be accessory to the existing market use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 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. The proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. The project is not considered a project under CEQA (California Environmental Quality Act), as no development is proposed. Given that there is no calculable increase in traffic and no other impacts are anticipated staff is of the opinion that the project would not result in any physical changes to the environment. 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because it will contribute to the continued viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. In this case the alcohol sales will contribute to the viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. Alcohol sales would add to the convenience of the consumer, in that customer would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their grocery needs. There are also three findings for denial based on the high crime designation and amount of existing off -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. 110 of 269 Department and Aoencv Comments Alcohol Sales Concentration/Location — Per ABC, there are currently four off -sale permits issued in the subject census tract (220). These permits are: Name Address License Type* CUP Kings Liquor 1626 East 8m Street 21 - 7-Eleven 1601 East 18t" Street 20 - Camival Supermarket 1750 East 8t" Street 21 - National City Shell 1 1601 East 8t" Street 20 Y * Type 20 — Off -Sale Beer and Wine Type 21 - Off -Sale General Of the four licenses, three are markets/liquor stores and one a gas station. The subject use is consistent with other off -sale businesses, all of which are consistent with the Mixed -Use zones. Census tract 220 includes the area of between Palm Avenue and Interstate 805, and between Division Street and East 18th Street. The attached census tract map shows the location of the subject tract. ABC recommends a total of two off -sale alcohol permits be issued in this census tract, where four exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 21) had a current (January to August 2015) crime rate of 413.8%, above the 120% considered to be a high crime area. Crimes are categorized as either Part I or Part II crimes. Part I crimes are serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes are less serious in nature and less commonly reported. Part II crimes include simple assault, embezzlement, narcotics, and weapons charges (among others). There is generally no specific crime reporting for alcohol - related occurrences. Alcohol is typically just referenced as a contributing factor to a particular crime (robbery, assault, etc.). Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment 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, Game Produce received 15 points, which would indicate a medium risk. The Risk Assessment is attached. 111 of 269 Institute for Public Strategies (IPS) IPS encouraged that staff and management attend Responsible Beverage Sales and Service training. The training is included as a Condition of Approval. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to off -safe alcohol sales per Council policy 707 (container size, no single sales, signage, RBSS training, etc.). Planning Commission Action Planning Commission conducted a public hearing on February 8, 2016, which resulted in a tie vote (no action considered taken). A new hearing was held on May 2, 2016. Seven speakers spoke in support of the proposal and seven against. Concerns were raised regarding crime rates and oversaturation of alcohol licenses. Commissioners shared the same concerns and asked additional questions regarding other businesses, training, and display area. The Commission voted to deny the Conditional Use Permit based on overconcentration of existing alcohol licenses and the high area crime rate. Summary The proposed use is consistent with the General Plan, because alcohol sales for off -site consumption are a conditionally -allowed use in the Minor Mixed -Use Corridor Zone. The proposed use would be accessory to the existing market use in an existing commercial area, which is not expected to increase the demand for parking or other services on the property. Gama Produce has been in business at this location since 2000. Furthermore, the addition of alcohol sales is not expected to have any significant effects on the area. Although the census tract in which the market is located is over -concentrated with regard to off -sale alcohol licenses, the subject location is a produce market where alcohol will be small portion of overall sales. The options available to the City Council are to approve or deny the item, or to continue the item in order to request additional information. In the case of approval or denial, staff will return with a resolution at a subsequent date. 112 of 269 RECOMMENDED FINDINGS FOR APPROVAL 2015-28 CUP, 1605 East 4th Street 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol safes for of site consumption are a conditionniiy-ailowed use in the Minor Mixed -Use Corridor Minor ,v��i► L+ Va7G ti✓VIIALao{Zone. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A market is a retail use that is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) section element of the General Plan. In addition, the property is not within a Specific Plan area 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, because the proposed use would be accessory to an existing market use in an existing commercial area, and because the sale of beer is not expected to appreciably increase traffic on East 4th Street or Palm Avenue based on the current capacity and traffic numbers. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed use would be accessory to an existing market use in an existing commercial area, which is not expected to increase the demand for parking on the property. 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 compatible with other businesses in the same census tract; and because the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act; There is no calculable increase in traffic and no 113 of 269 other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7 That the proposed use is deemed essential and desirable to the public convenience and necessity, because it will contribute to the continued viability of a market, an established and allowed use in the Minor Mixed -Use Corridor Zone. Alcohol sales would add to the convenience of the consumer, in that customer would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their grocery needs. 8. That based on findings 1 through. 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2015-28 CUP, 1605 East 4°' Street 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 off -sale alcohol outlets — four off -sale outlets are permitted where two are recommended by the California Department of Alcoholic Beverage Control. — and the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because four other off -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 114 of 269 RECOMMENDED CONDITIONS OF APPROVAL 2015-28 CUP, 1605 East 4th Street General 1. This Conditional Use Permit authorizes the sale of beer and wine at an existing market located at 1605 East 4th Street. The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2015-28 CUP, dated 11/18/2015. 2. 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. 3. 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. 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to retum the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide infomnation that conditions imposed by approval of the Conditional Use Permit are binding on aii present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 6. The sale of alcoholic beverages shall be limited to the hours of 7:30 a.m. to 8:00 p.m. Monday to Friday and 7:30 a.m. to 7:00 p.m. on weekends. 7. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 115 of 269 9. No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's prepackaged multi -unit quantities. 11. The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12.AII cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 13. ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. Perrnittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than.17 by 22 inches in size, with lettering not Tess than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 15. Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17.The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 116 of 269 18.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. Police 19. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, display and marketing or merchandising of alcoholic beverages. 117 of 269 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 12/03/15 BUSINESS NAME: Gama Produce ADDRESS: 1606 East 4th Street, National City, CA 91950 OWNERNAME: Carlos & Susana Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National City, CA 91950 (add additional owners on page 2) I. Type of Business ❑ Restaurant (1 pt) Pi Market (2 pts) ❑ Bar/Night Club (3 pts) II. Hours of Operation 0 Daytime hours (1 pt) 44 Close by 1 Opm (2 pts) 0 Close after l.Opm (3 pts) III. Entertainment DMusic (1pt) ❑ Live Music (2 pts) D DancingiLive Music (3 pts) IV. Cringe Rate ❑ Low (1 pt) ❑ Medium (2 pts) {6 High (3 pts) V. Alcohol Businesses per Census Tract 0 Below (1 pt) 0 Average (2 pts) Pi Above (3 pts) Notes: Crime Rate - over 120% (413.8%) Census Tract - 220 Allowed Type 20.- (Off -sale, Beer& Wine) Currently allowed On -sale - 51 Currently have - 3 Currently allowed Off -sale- 21 Currently have - 4 Over saturation Revised: 11/11 1 of 2 118 of 269 National city Police Defiartment VI. Calls for Service at Location (for previous 6 months) ❑ Below (1 pt) 0 Average (2 pts) 0 Above (3 pts) VB. Proximity Assessment (1/4 mile radius of location) ❑ Mostly commercial businesses (1 pt) 0 Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check VI No criminal incidents (0 pts) 0 Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13 --1 Spts) High Risk (19 — 24pts) Total Points 15 OWNERNAME: Carlos Maza DOB: Not Disclosed OWNER ADDRESS: 1605 East 4th Street, National- City, CA 91950 OWNER NAME: Susana Maza DOB: Not Disclosed +OWNER ADDRESS: 1605 East 4th Street, National City, CA 91950 Recommendation: - NCPD does not have a proactive enforcement unit for ABC outlets. - Within 100' of residences, El Toyon school and park near -by. - (5) on -sale and (2) Off -sale licenses are allowed in the census tract Census tract 220 currently has (3) On -sale and (4) Off -Sale. - Over saturation by double for Of Sale establishments. - ABC states - Area is considered "High Crime Rate," The census tract is "Over Concentrated." Crime Rate for Beat 21 - 413.8%, nearly 4 times the rate de "High Crime Rate" defined by ABC Completed by: Graham Young, Lt. Badge ID: 365 2 of 2 119 of 269 California ABC - License Query System - Data Portal Page 1 of' 1 California Department of Alcoholic Beverage Control For the County of SAN DIEGO - (Retail Licenses) and Census Tract = 220 Report as of 10/25/2015 Mailing Address ' e _ : um,Date Status Icons= Orig. Iss. Expir Date Primary Owner and Premises Addr. Business Name 3515 VALLEY VISTARD BONITA, CA 91902 3708 1) 264361 ACTIVE 48 'i3/2011991 1/3112016 BUDMOHLER INC ALOTTAS 419 PALM AVE 'IATIONAL CITY, CA 91950 Census Tract 0220.00 2)350706 ACTIVE 21 3/12/1990 5/3112016 SHOSHANI, GEORGE (KINGS LIQUOR I 3708 • HANNA 1626E 8TH ST NATIONAL CITY, CA 91950 Census Tract: 0220.00 398986 ACTIVE 20 512812003 613012016 7 ELEVEN INC 7 ELEVEN 2131 17265 PO BOX 21908B, ATT: 7 ELEVEN LICENSING DALIAS, TX 75221-9088 TAT i 1601 E 18TH ST NATIONAL CITY, CA 91950 Census Tract 0220.00 3708 _ 4) 408542 ACTIVE 21 3/25/2004 12/31/2015 CARNIVAL CARNIVAL SUPERMARKET INC 1750 E 8TH ST NATIONAL CITY, CA 191950 Census Tract: 0220.00 SUPERMARKET )-459110 : ACTIVE 1 41 .11120/2007 10/31/2015 FHOP INC FAMILY HOUSE OF 3708 1900E PLAZA BLVD NATIONAL CITY, CA 91950-3703 Census Traci: 0220.00 PANCAKES 80 06904 ACTIVE 41 7/25/2011 2:49:59 PM G13012016 I, SHIHUI 1819E PLAZA BLVD NATIONAL CITY, CA 91950-3701 Census Tract 0220.00 BISTRO CITY 370$ • 7) 540773 ACTIVE 20 411012014 313112016 ~VINTNERS NATIONAL CITY SHELL 41805 ALBRAE ST, 2ND 3708 1:32:10 PM DISTRIBUTORS INC 1601 E 8TH ST NATIONAL CITY, CA 31950 census Tract: 0220.013 FL FREMONT, CA 94538- 3120 asama.a- - - - End of Report - - - For a definition of codes, view our glossary. httn-llwww ahr ra arivirlattvirtlAT-TCnnntu 120 of 269 DEPARTMENT OF ALCOHOLIC BEVERAGE C0i,, ROL NUMBER OF LICENSES AUTHORIZED BY CENSUS TRACT Coney rams r y` Ropyllat# . .• .CotiintyRatio:.. ovinfy'iiatfo :.Dn Sale ....1........_ Sale. ,. • ;. • ilto ` -T ct,l# ' ;`£4nsusT - ; .04puia lon':, 3n; le '.i.e.;. SAN1116$30 3,227,496 790 1,564 .-. 404 13 SAN A 3,227,496 790 1,564 174 . AN DIM 3,227,496 790 1,564 said' 7 - 3 • DIEG0 ' 3,227,496 790 1,564 48 3; 4- .. 2 SAN 3,227,496 790 1,564 2�E :. 1,3 ' . . 2 ' q;' r • 3,227,496 790 ' SA{ ":"- ;: 0 3,227,496 790 1,564 / . • 5 .. .6 : 8 .010 3,227,496 790 1.564 312 4 2_ 3 7 96 790 64 I'if5.4 0 • ' . X196:6 -. 3 TA 30 3,227,496 790 1,564 1, DIGO 3,227,496 790 1,564 • • • 6,839 _ 7 3 SAN:0/EGO3,227,496 790 1,564 405 -- 4,635 S 2 c.Afa filiatis 2 227 AOC "on 1 MCA •• e , , SAN DIEGO SAN DIEGO SAN DIEGO 3,227,496 790 3,227,496 790 3,227,496 790 1,564 1,564 1,564 207.07 _207,08 22}769 4,7.,44 3,437 8,007 4 10 2 DIEGO DIEGO SAN DIEGO SAN DIEGO 3,227,496 790 1,554 207.10 1,749 2 1 3,227,496 790 3,227,496 790 3,227,496 790 1,564 1,564 1,564 208.01 -s05 20$.06 5,230 3,501 5,846 6 7 3 3 DiGO SAN DSO SAN DIEGO 3,227,496 790 3,227,496 790 3,227,496 790 1,564 1,564 1,564 208e....07 208.09 208.10 2,539 3 6,778 J 8 5,6 6 1 4 3 DIEGO MN 01140 3,227,496 790 3,227,496 " 790 1,564 1,564 208.. 02 7 .SAN DIEGO SA f DIEGO SAN DIEGO SAN DIEGO SAD MOO SAN DifeD SAN ° N p3 SAN DOD SANAFGD SAN0. EOM SANPIEGO &:IMP sI.Q SAN.01030 SAN N' 1 SANIRifikktrob sfflf so0 FlOpittsco PitAk 3,227,496 790 3,227,496 790 3,227,496 790 3,227,496 790 3,227,496 790 1,564 1,564 1,564 1,564 1,564 26. 2*04 2 U0 2100 3,05 4,440 7,5 2'4a•2. 3 3,227,496 790 1,564 3,227,496 790 1,564 212. 6 3,227 ' 96 790 1 564 212 2 3,227,496 790 1,564 3,227,496 790 1,564 3,227,495 790 1,564 3,227,496 790 3,227,496 3,227,496 3,227,496 3,227,496 3,227,496 3,227,496 3,227,496 845,602 845,602 845,602 845,602 845,602 845,602 845,602 790 790 790 790 790 790 790 275 275 275 275 275 275 275 1,564 1,564 1,564 1,564 1,564 1,564 1,564 1,564 1,060 1,060 1,060 1t060 1,060 1,060 1,060 MOO- • 7,:. 1021 4,4 502 4 5 3 2 2 4 2 4 • SAN FRANCISCO 845,602 275 1,060 11a• 4,5 Updated: Sep 2015 121 of 269 Page 121 � agps Required Parameters Reporting Period: 0112015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by:. Beat Total Part 1 Crime and Part 2 Arrest for Agency: 3,238 Total Beat: 14 Average Total per Beat: 231.3 (120% or above is High Crime Area indicated by `) Beat Totals % Average by Beat 1 011 0 0.0% 2 014 0 0.0% 3 020 969 419.0%* 4 021 957 413.8%* 5 023 763 329.9%* 6 024 545 235.6%* 7 434 0 0.0% 8 441 0 0.0% 9 514 0 0.0% 10 521 0 0.0% 11 722 0 0.0% 12 999 4 1.7% Oct 21, 2015 -14- Prior Report Number: B98S328R 3:27:33 PM 122 of 269 ABC Report 2015 ABC Report by Beats Required Parameters Optional Parameters Reporting Period: 01/2015 to 09/2015 Geographical Area: Agency: NATIONAL CITY Group by: Beat CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 14 ROBBERY 112 AGGRAVATED ASSAULT 165 BURGLARY 132 LARCENY 720 MOTOR VEHICLE THEFT 211 Total Part I Crime: 1,354 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 44. OTHER PART II CRIMES 1,202 CHILD AND FAMILY 38 DEADLY WEAPONS 24 EMBEZZLEMENT 8 FRAUD 26 GAMBLING 0 MALICIOUS MISCHIEF 14 NARCOTICS 342 SEX CRIMES 17 FORGERY 3 OTHER NON -CRIMINAL 166 Total Part II Arrest: 1,884 Total = Part I Crime + Part II Arrest for Agency: Total Agency: (120% is considered high crime area) Average Total Per Agency: Oct 21, 2016 -1- 3,238 1 3,238 Prior Report Number: B98S328R 3:27:33 PM 123 of 269 Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 020 CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 6 ROBBERY 34 AGGRAVATED ASSAULT 31 BURGLARY 22 LARCENY 235 MOTOR VEHICLE THEFT 44 Total Part I Crime: 372 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 12 OTHER PART II CRIMES 336 CHILD AND FAMILY 9 DEADLY WEAPONS 10 EMBEZZLEMENT 3 FRAUD 10 GAMBLING 0 MALICIOUS MISCHIEF 4 NARCOTICS 138 SEX CRIMES 8 FORGERY 1 OTHER NON -CRIMINAL 66 Total Part II Arrest: 597 Beat Totals Part I Crime + Part II Arrest: 969 BeatAve. ( Agency J Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part fI Arrest: 3,238 Beat Total as % of Beat Average: : 419.0% (120% is considered high crime area) Oct21, 2015 -4- Prior Report Number: B98S328R 3:27:33 PM 124 of 269 Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area; Group by: Beat 021 Prior Report Number: B988328R CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 3 ROBBERY 33 AGGRAVATED ASSAULT 57 BURGLARY i3 LARCENY /69 MOTOR VEHICLE THEFT 66 Total Part I Crime: 381 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 16 OTHER PART II CRIMES 384 CHILD AND FAMILY 15 DEADLY WEAPONS 5 EMBEZZLEMENT 0 FRAUD 11 GAMBLING 0 MALICIOUS MISCHIEF 4 NARCOTICS 94 SEX CRIMES 7 FORGERY 0 OTHER NON -CRIMINAL 40 Total Part li Arrest: 576 Beat Total = Part I Crime + Part II Arrest 957 BeatAve. ( Agency 1 Beat ): 231,3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,23e Beat Total as % of Beat Average: : 413.8% (120% is considered high crime area) Oct 21, 2015 -5- 3:2713 PM 125 of 269 Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 023 CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 3 ROBBERY 35 AGGRAVATED ASSAULT 41 BURGLARY 39 LARCENY 255 MOTOR VEHICLE THEFT 52 Total Part I Crime: 425 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 10 OTHER PART II CRIMES 211 CHILD AND FAMILY 6 DEADLY WEAPONS 4 EMBEZZLEMENT 1 FRAUD y GAMBLING 0 MALICIOUS MISCHIEF 2 NARCOTICS 66 SEX CRIMES 1 FORGERY 0 OTHER NON -CRIMINAL 36 Total Part II Arrest: 338 Beat Total = Part I Crime + Part tl Arrest: 763 BeatAve. ( Agency / Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part1l Arrest: 3,238 Beat Total as % of Beat Average: : 329.9% (120% is considered high crime area) Oct 21, 2015 -6- Prior Report Number: B98S328R 3:27:33 PM 126 of 269 Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY CRIME TYPES CRIMINAL HOMICIDE FORCIBLE RAPE ROBBERY AGGRAVATED ASSAULT BURGLARY LARCENY MOTOR VEHICLE THEFT Total Part I Crime: ARREST TYPES SIMPLE ASSAULT OTHER PART II CRIMES CHILD AND FAMILY DEADLY WEAPONS EMBEZZLEMENT FRAUD GAMBLING MALICIOUS MISCHIEF NARCOTICS SEX CRIMES FORGERY OTHER NON -CRIMINAL Total Part II Arrest: ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 024 CRIME TOTALS 0 2 10 36 18 61 49 176 ARREST TOTALS Beat Total = Part ! Crime + Part !! Arrest 545 BeatAve. ( Agency J Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,238 Beat Total as % of Beat Average: : 235.6% (120% is considered high crime area) Oct 21,2015 7 6 268 7 5 4 4 0 4 44 1 2 24 369 Prior Report Number: B98S328R 3:27:33 PM 127 of 269 AVIS Required Parameters Reporting Period: 01/2015 to 09/2015 Agency: NATIONAL CITY ABC Report 2015 ABC Report by Beats Optional Parameters Geographical Area: Group by: Beat 441 CRIME TYPES CRIME TOTALS CRIMINAL HOMICIDE 0 FORCIBLE RAPE 0 ROBBERY 0 AGGRAVATED ASSAULT 0 BURGLARY 0 LARCENY 0 MOTOR VEHICLE THEFT 0 Total Part I Crime: 0 ARREST TYPES ARREST TOTALS SIMPLE ASSAULT 0 OTHER PART II CRIMES 0 CHILD AND FAMILY 0 DEADLY WEAPONS 0 EMBEZZLEMENT 0 FRAUD 0 GAMBLING 0 MALICIOUS MISCHIEF 0 NARCOTICS 0 SEX CRIMES 0 FORGERY 0 OTHER NON -CRIMINAL 0 Total Part II Arrest: 0 Beat Total = Part I Grime + Part II Arrest: 0 BeatAve. ( Agency 1 Beat ): 231.3 Agency Wide Total = Part 1 Crime + Part II Arrest: 3,238 Beat Total as % of Beat Average:: 0.0% (120% is considered high crime area) Prior Report Number: B98S328R Oct 21, 2015 - 9 - 3:27:33 PM 128 of 269 South Bay community change project Environmental Scan For Alcohol License CUSP Gamma Produce 1605 East 4th Street, National City, CA 91950 November 25, 2015 r; op' --- - _ _ - lea -_ �_� Ji4Ct [Ai�r- Photo of Gamma Produce in National City Google Earth View of 1605 E 4th Street . and Surrounding Area This environmental scan is for an amendment on the existing Conditional Use Permit for the Gamma Produce market, located at 1605 East 4th Street in National City. The applicant is applying for a Conditional Use Permit for sales of Beer and Wine. The business is located at the intersection of Palm Avenue and East 4th Street in National City. Currently there are six (6) active licenses issued for the Census Tract is 0118.02. This number exceeds the census track allocation of 1. An environmental scan was conducted on Wednesday, November 25, 2015. The business is the Gamma Produce, a market with sales of groceries, fruit, vegetables and meat. During a scan of the business and property the following was noted: The business is a small business located alone on the property. There are single-family residences, multi- unit housing and one church in the immediate area. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So #300 Sari Diego, California, 9240E • Phone: 619.476-9100 • Fax: 619.476-9104 wtvw.piJb c ma'sgiss.org 129 of 269 Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches The business is located across from a Christian Church at the West side of Palm Avenue and East 4th Street in National City. Outlet Density According to the ABC, seven (7) on -site licenses are authorized for Census Tract 0118.02, the census track within the area of which the Gamma Produce is located. Currently there are five (5) off -sale licenses issued for the Census Tract is 0118.02. This number exceeds the census track allocation by 1. Green Arrow and Depict Applicant's Location for "GAMMA PRODUCE MARKET" at 1605 E 4th Street, National City. Yellow Circles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City The South Bay Community Change Project is a project of Ihs ins::'t:te for Public Sirareg: a;-d is ended by the San Diego County Health and Kumar. Szn+ros Fcr: yrrstrat.oi Page 2 of 3 Mailing Address: 2615 Carnino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 rtr publiostrategies. org 130 of 269 Census Tracts Off -Sale On -Sale Tract 220 Establishment is within this tract Allowed: 2 Actual: 4 Ninnber Above/Below Allowable: Allowed: 5 Actual: 3 Above/Below: Neighboring Census Tracts Census Tract 0118.01 Allowed: 2 Actual: 2 Number Above/Below Allowable: - Allowed: 4 Actual: 4 Above/Below: - Tract 118.02 Allowed: 4 Actual: 5 Number Above/Below Allowable: -- I Allowed: 7 Actual: 7 Above/Below: - Crime Rate Refer to National City Police Departments report for crime statistics. Considerations South Bay Community Change staff spoke to the owner, Mrs. Susan Maza on November 25, 2015. She let us know that the hours of the alcohol sales would coincide with the store hours Monday -Friday 7:30 a.m. to 8:00 p.m. and weekends 7:30 a.m. to 7:00 p.m. She has had her business there for the past 16 years wants only to provide the beer and wine for her direct customers. We would recommend that the current conditions continue and insure that the staff, management, and owner attend the Responsible Beverage Sales and Service training. The South Bay Connnurlty Cteroe Project is a project of the Institute for Public Strategies and is lunched by the San Diego Gwtty Health ana Human Services Administrator) Page 3 of 3 fvlailino Address: 2615 Camino de! Rio So. #300 • San Diego, California. 92108 • Phone 619.476-9100 • Fax: 619.476-9104 www.pubikstrategies.org 131 of 269 Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 21 132 of 269 agust 25, 2014 CensU6Tracts 2010 1:46,487 0 0.375 0.75 1.5 ml I . 0 0.5 1 2 krn Sammy art Hew, PpLoarm ibrolbm, Intermep, Increment P OMO, WA, FAO, PPS, NRCAN, Geotiame, ION, Icarlaster It, ()aim &my!Fi JaPal, MEMid Clint 0_101V 11().alevregtoPo, MIRPMAMIll Ommneerktop cerirtukrs, an the GIB thierCorrynwity term( woo f01 diAbroeW s*ADS EXHIBID CASE FILE NO.: 2-1)IS -'X ' DATE: I j 2,0 1 . Essorom 134 of 269 2015-28 CUP — Gama Produce (beer and wine) — Site Photos Interior of market from entrance Cooler where alcohol will be displayed 29 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone J 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 5:00 p.m.,, Tuesday, August 2, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT GAMA PRODUCE LOCATED AT 1605 EAST 4TH STREET. The Planning Commission conducted a public hearing at their meeting of May 2, 2016 and voted to recommend approval of the Conditional Use Permit by a vote of 3 to 2 with 2 members absent. Anyone interested in this matter may appear at the above time and place and be heard. 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 undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. July 20, 2016 Michael R. Dalla, CMC City Clerk 136 of 269 RESOLUTION NO. 201 6-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, DENYING A CONDITIONAL USE PERMIT FOR ALCOHOL SALES AT GAMA PRODUCE LOCATED AT 1605. EAST 4TH STREET. CASE FILE NO, 2015-28 CUP APN: 554-050-19 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for alcohol sales at Game Produce located at 1605 East 4th Street at a duly advertised public hearing held on May 2, 2016, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2015-28 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on May 2, 2016, support the following findings: 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 ;s located is currently over -concentrated with regard to off -sale alcohol outlets — four off -sale outlets are permitted where two are recommended by the California Department of Alcoholic Beverage Control. — and the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because four other off -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. 137 of 269 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 May 16, 2016, by thl following vote: Baca, Garcia, 8endt AYES: NAYS: Dela Paz, Flores ABSENT: ABSTAIN: Bush, Yamane HAIRPERSON 138 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 139 The following page(s) contain the backup material for Agenda Item: Public Hearing — Conditional Use Permit for a craft beer tasting room (Novo Brazil) at 27 & 41 East 8th Street. (Applicant: Joshua Renner) (Case File 2016-12 CUP) (Planning) 139 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: iAugust 2, 2016 ITEM TITLE: Public Hearing — Conditional Use Permit for a craft beer tasting room (Novo Brazil) at 27 & 41 East 8th Street. (Applicant: Joshua Renner) (Case File 2016-12 CUP) AGENDA ITEM NO. PREPARED BY: ;Martin Reeder, AICP PHONE: .36-4313 EXPLANATION: The project applicant has applied for a Conditional Use Permit (CUP) to sell beer for on -site consumption at a tasting room within a new indoor public market to be located at 27 and 41 East 8th Street. Recommended hours of operation of the tasting room are 12 p.m. to 10 p.m. daily. The tasting room would operate under an existing Type 23 (Small Beer Manufacturer) license with the California Department of Alcoholic Beverage Control (ABC). As part of the application, the applicant is asking for waiver of two conditions of approval. DEPARTMENT: 1Pla APPROVED BY: The Planning Commission voted to approve the Conditional Use Permit with a recommendation to the City Council on the condition waiver request. Because the conditions are related to City Council Policy 707 (Alcohol licensing), only the City Council may waive or modify said conditions, thus the public hearing rather than the usual Notice of Decision. The attached background staff report describes the proposal in detail.; FINANCIAL STATEMENT: ACCOUNT NO. i APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: Categorically Exempt pursuant to Class 1 Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: L FINAL ADOPTION: I I I STAFF RECOMMENDATION: !Staff recommends approval of the Conditional Llse Permiii BOARD / COMMISSION RECOMMENDATION: the Planning Commission denied the Conditional Use Permit. Ayes: Baca, Bush, Flores, Garcia, Sendt, Yamane Noes: DeLaPaz ATTACHMENTS: 11. Overhead & Site Photos 2. Background Report 3. Recommended Findings & Conditions 4. Reduced Plans 5. Department and Agency comments 1 6. City Council Policy 707 7. Community Meeting Information 8 Public Hearing Notice 9. Public Correspondence T nsus Tract & Police Beat Maps 40 of 269 2016-12 CUP — Novo Brazil (tasting room) — Overhead 141 of 269 2016-12 CUP — Novo Brazil (tasting room) — Site Photos Looking northwest from East 8th Street and "A" Avenue Same view from above 142 of 269 BACKGROUND REPORT Overview The project applicant has applied for a Conditional Use Permit (CUP) to sell beer for on - site consumption at a tasting room (Novo Brazil) within a new indoor public market to be located at 27 and 41 East 8th Street. Recommended hours of operation of the tasting room are 12 p.m. to 10 p.m. daily. The tasting room would operate under an existing Type 23 (Small Beer Manufacturer) license with the California Department of Alcoholic Beverage Control (ABC). As part of the application, the applicant is asking for waiver of two conditions of approval. Site Characteristics The project site is a former furniture store and warehouse that is currently being converted to a public market. The property is developed with two buildings that mostly appear as one. The main building, which is located at the northwest corner of East 8th Street and "A" Avenue, is approximately 8,700 square feet in size. There is also a 3,000 square -foot building immediately adjacent to the west of the main building. This building is proposed to be demolished. Although there are two parcel numbers and addresses on the title sheet of this report, the applicant has since merged the two parcels into one. Staff is waiting for the new Assessor's Parcel Number from the San Diego County Assessor. The market will have approximately 14 retails suites, 2 food vendors, a public food court, sidewalk cafe (on "A" Avenue), craft beer tasting room, and an exterior enclosed patio seating area ton the west side of buiiding adjacent to the aiiey). The iong narrow building located adjacent to the west (27 East 8th Street) is being demolished in order to construct the outdoor seating area, food truckJdelivery area, and trash enclosure. The sale of beer is the subject of this CUP application. Proposed Use The applicant wishes to operate a craft beer tasting room as part of the public market. The tasting room serving area would be in one corner of the market buiiding, including a small bar seating area. It is intended that alcoholic beverages would be consumed anywhere within the building and outside seating area (which will be open to everyone). No alcohol is proposed, nor would be permitted, in the sidewalk cafe area along "A" Avenue. Signs would be posted at all entrances/exits to the building (except to the exterior enclosed seating area) prohibiting alcohol from being taken beyond that point. Staff of the tasting room and public market would be accountable for the monitoring and enforcement of responsible alcohol consumption. This model is somewhat similar to 143 of 269 Liberty Public Market at Liberty Station (Point Loma) and Grand Central Market in Los Angeles. These markets close at 7 p.m. and 10 p.m. respectively. The tasting room and bar area is approximately 880 square feet in size, including a nine -seat bar area, and located in the southwest corner of the market building. The outside seating area would be approximately 2,100 square feet in size and would also function as an outside seating area for market clientele. This area would enclosed by an eight -foot tall combination wall and fence, which would be augmented with vegetation to offset potential noise impacts. The applicant originally requested tasting room hours of operation of 12 p.m. to 10 p.m. Sunday through Thursday, and from 12 p.m. to 12 a.m. Friday through Saturday. The tasting room would operate under an existing Type 23 (Small Beer Manufacturer) license with the California Department of Alcoholic Beverage Control (ABC). The existing licensed business under which the applicant proposes to operate is Novo Brazil, a micro -brewery located in the Eastlake neighborhood of Chula Vista. A Type 23 license allows for tasting rooms at a different location than the master license and may serve their own beer only. ABC does not consider a Type 23 license as a retail license; therefore, high crime rate or over concentration of licenses in the census tract would not apply. As a non -retail license, the purveyor would also be allowed to sell to -go beer (sold in sealed containers often referred to as growlers). Again, only the purveyor's beer would be permitted to be sold in this fashion.. Generally -speaking, craft beer businesses brew beer in a traditional or non -mechanized way, typically producing specialty beers available only locally. Craft breweries are oftentimes a local business (as in this case) and produce less than 15,000 barrels of beer per year (as opposed to millions with major international breweries). Analysis Section 18.30.050 of the National City Land Use Code allows for on and off -site alcohol sales with an approved Conditional Use Permit (CUP). Additional requirements for alcohol CUP's include expanded notification, a community meeting, and distance requirements. 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, as was done in this case. 571 notices were mailed for this public hearing. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Wednesday, June 29, 2016 at 5:00 p.m. at the project site. Fifteen community members were in attendance, as well as one City staff member. A copy of the 144 of 269 advertisement, sign -in sheet, and minutes are attached. The community meeting presentation included a discussion about the proposed public market (not a part of this application), and the role that the beer tasting and sales operations would play. Several community members were supportive of the project, with two members expressing concerns over noise and parking. Noise would be covered by Title 12 (Noise) of the Municipal Code and has been included as a Condition of Approval. Parking, although discussed as a broader downtown issue at the community meeting, is discussed below. Prior to the meeting, three letters were received from a neighboring business owner in response to the community meeting advertisement. The letters had concerns with parking in the area and to distance from schools. The letters also refer to live entertainment events at the site, which are not part of this request. The parking concerns were related to people potentially using the parking lot belonging to the respondent without permission, which would be a private property matter. The applicant stated that their customers would be educated on where and where not to park. The letter also makes assumptions about the legality of the business location, due to its proximity to a school. Distance requirements are discussed below. Two additional letters were received prior to the Planning Commission hearing with concerns over the potential for the alley to be closed (not proposed or part of the application), and the businesses potential impact on children (concerns were exposure to drunk persons and prostitution, which are not expected with this type of business). Another area resident expressed concerns related to alley access and noise. Distance Requirements — Chapter 13.030.050 (D) requires that burin b that sell alcohol as a principal use maintain a 660-foot distance from schools (on Institutional - zoned properties). However, sales of alcohol in this case would be accessory to the public market, and wouid thus not be subject to this requirement; therefore, no distance requirements are required. In addition, ABC has stated that a Type 23 is not a retail license; therefore, not subject to ABC distance requirements. However, the Municipal Code would still apply, as there is no distinction between retail and non -retail alcohol sales in Chapter 18.030.050. The nearest Institutional -zoned school property is Central Elementary School, which is located approximately a quarter -mile away to the east. Parking The Downtown Specific Plan has a flat non-residential parking ratio of 2.5 spaces per 1,000 square feet of floor area. In this case the building has no on -site parking. As no additional floor area is being added, no new parking would generally be required. Additionally, with the demolition of the 3,000 square -foot building, there would be less of an impact. Although there is no on -site parking, there are three parking spaces along 145 of 269 the East 8th Street frontage and seven along the "A" Avenue frontage. Furthermore, there are multiple on -street parking spaces throughout the area. Food Truck As part of the public market, the applicant is providing an area adjacent to the outside seating area for food trucks to operate. The space for the food truck is immediately north of the outdoor seating area and would only be accessible from within the area. No walk-up service (from customers outside of the business) would be available. Per Chapter 9.06.030 (C) of the Municipal Code, a food vending vehicle may park on private property, but may only sell, display or offer food or beverage product to the owner of such property or their agents, customers or employees. The proposed use is consistent with this code section. In addition, a Condition of Approval (No. 12) has been added to require compliance with NCMC §9.06 (Food Vending Vehicles). Required findings The Municipal Code contains required findings for Conditional Use Permits. There are six required 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. The use is allowable within Development Zone 4 of the Downtown Specific Plan as a retail use, pursuant to a Conditional Use Permit, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A public market with accessory beer sales is also a use that is consistent with Development Zone 4 of the Downtown Specific Plan, which allows retail uses. 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. No expansion of the building is proposed. The proposal involves the interior construction of a public market space, which is consistent with other commercial businesses in the area. Development of the area was analyzed for traffic impacts as part of the Downtown 146 of 269 Specific Plan, which envisioned significant density in this area. The sale of alcohol would be accessory to the sale of other products in the market, which would not create traffic issues above and beyond what was expected as part of the development of downtown. Access to and from the site is provided by East 8th Street, an arterial street operating at a Level of Service (LOS) of C. East 8th Street in this location is operating at half of its capacity. In addition, the sale of alcohol is not expected to result in an increase in Average Daily Trips MDT) such that the LOS would be affected_ particularly as the area devoted to alcohol sales is only a small part of the overall public market. 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. The proposed use would be accessory to the public market, which will be located in an existing commercial area. The building is existing and has ten on -street parking spaces adjacent to the property, as well as access to several nearby parking areas. 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. The sale and consumption of beer would be a small part of the overall public market use, with the beer serving area only 8% of the total floor area of the whole property. Alcohol consumption would be monitored by staff of the tasting room and public market. Any violations related to alcohol sales at the tasting room location would reflect on the main licensed brewery located in Chula Vista. In addition, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities) for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that no expansion of the building is proposed and uses would basically be the same as non -conditionally allowed uses (commercial and retail enterprises). 7. That the proposed use is deemed essential and desirable to the public convenience or necessity. 147 of 269 In this case the alcohol sales will contribute to the viability of a public market, an allowed use in Development Zone 4 of the Downtown Specific Plan. The tasting room, as part of the market, would be a draw for area and non -area residents alike. The market would also help to further activate the downtown core, consistent with the spirit and intent of the Downtown Specific Plan. Department and Anencv Comments Alcohol Sales Concentration/Location — Per ABC, there are currently three on -sale permits issued in the subject census tract (118.01). These permits are: Name Address License Type* CUP Oriental Cafe 39 East 7th Street 41 - McDini's 105 East 8th Street 47 - Napoleone's Pizza House 619 National City Blvd. 41 Y * Type 41 — On -Sale Beer and Wine Type 47 - On -Sale General Of the three licenses, two are restaurants and one a bar that also offers food. The subject use is consistent with other on -sale businesses, all of which are consistent with the Downtown Specific Plan. Census tract 118.01 includes the area between Division Street and East 8th Street, and between National City Blvd. and Highland Avenue. The attached census tract map shows the location of the subject tract. ABC recommends a total of four off -sale alcohol permits be issued in this census tract, where three exist. Police Department Crime statistics provided by the Police Department (PD) indicate that the reporting area (Beat 20) had a current (January to June 2016) crime rate of 395.1%, above the 120% considered to be a high crime area. Crimes are categorized as either Part I or Part 11 crimes. Part I crimes are serious crimes such as homicide, robbery, assault, burglary, vehicle theft, etc. Part II crimes are Tess serious in nature and less commonly reported. Part II crimes include simple assault, embezzlement, narcotics, and weapons charges (among others). There is generally no specific crime reporting for alcohol -related occurrences. Alcohol is typically just referenced as a contributing factor to a particular crime (robbery, assault, etc.). 148 of 269 Consistent with recent policy, PD provided a Risk Assessment report on the property. The assessment 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, Novo Brazil received 9 points, which would indicate a low risk. The Risk Assessment is attached. Institute for Public Strategies (IPS) The Institute for Public Strategies provided comments on the proposed CUP appiication. They recommend that if the CUP is approved that training be provided for all owners, management, and staff (covered under Condition No. 7), evening security in the outside seating area, and business hours no later than 10 p.m. (covered under Condition No. 6). Comments are attached for your review. Hours of Operation The most recent CUP's for on -site alcohol consumption have had varying hours of operation (see following table). The Grill House at Big Ben, which received a CUP for on -site alcohol consumption and live entertainment in 2015, is located at the opposite corner of the same intersection and would be a good example of operating hours for similar businesses in the area. Alcohol consumption is limited until 10 p.m. daily. Having an earlier cut-off time than midnight (as the applicant originally proposed on the weekends), would alleviate potential noise issues on Friday and Saturday nights. Business name Business address CUP type End time Grill House at Big Ben 108 E 8' St Beer & Wine 10 p.m. Denny's 1904 Sweetwater Rci Beer & Wine 11 p.m. Royal Mandarin 1132 E Plaza Blvd Beer & Wine 10 p.m. Chipotle 404 Mile of Cars Way Beer 11 p.m. Hooters Westfield Plaza Bonita Beer/Wine/Spirits 12 a.m. Yi Sushi 1430 E Plaza Blvd Beer & Wine 11 p.m. Conditions. of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (hours of operation, employee training, accessory sales, etc.). A condition has also been added prohibiting consumption of alcohol outside of the building (in the sidewalk cafe). All conditions contained in Council policy 707 are required for new alcohol CUP's. Only the City Council may waive a policy condition, although staff asks the Planning Commission to make a recommendation one way or the other in the case of a waiver request. 149 of 269 The applicant originally requested the waiver of the following two conditions: 8. The sale of alcohol shall not exceed gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 9. Alcohol shall be available only in conjunction with the purchase of food. City Council Policy 707 is generally geared towards retail license (e.g. restaurants, market), which necessitate such conditions in order to ensure that alcohol sales are accessory to the primary use. This prevents a restaurant from becoming a bar, or a market a liquor store, etc. Because a tasting room is not a traditional retail license, standard conditions tend to "not fit" and prove overly burdensome. However, the use is still intended to be accessory to the public market and thus should be conditioned accordingly. The reason for the request is because although alcohol sales would be accessory to the public market, it would be a separately -licensed business. Therefore, there would be no sales of "other items", as stated in the condition, other than potentially snacks or business merchandise — not enough to exceed the alcohol sales. Additionally, no food (other than snacks potentially) would be served at the business, although there will most certainly be food vendors in the market (two are proposed as well as a food truck). The Planning Commission did not recommend waiver of Condition No. 8 and recommended the modification of Condition No. 9 to refer to the availability of food on the premises, not specifically as part of the proposed business. Condition of Approval No. 9 is now recommended to read as follows: 9. Alcohol shall be available .only in conjunction with the availability of food on the premises. This will allow the business to function as an accessory use within the market, but not be forced to sell food at the same time. However, food vendors would still be required to be part of the market tenant roll, ensuring that the market does not turn into a bar. Staff Recommendation Staff is recommending approval of this CUP request with an end time of 10 p.m. daily. Staff is also supportive of the condition modification request for Condition No. 9., in that 150 of 269 this CUP would only allow a Type 23 licensee at this location. If a retail license (restaurant, bar, etc.) request was received, a modification of this CUP would be required. Staff is of the opinion that craft beer sales would contribute to the suocess,of the public market, which would in turn contribute to the viability of the downtown area. The building has been vacant for some time and, after being upgraded, would further improve the area. Planning Commission Action Planning Commission conducted a public hearing on July 18, 2016. Thirteen community members spoke to the item. Seven speakers were in support of the proposal and five against. One speaker had some general comments, but was neutral on the matter. Concerns were raised regarding parking, noise, building occupancy, and general alcohol -related impacts that have historically been associated with other area alcohol businesses. Parking issues were discussed by staff in the framework of a Parking Management Plan proposed as part of a pending Downtown Specific Plan update. Noise has been addressed through both a Condition of Approval (No. 11), and through limiting hours of operation (No. 6). Building Occupancy will be addressed through the building permit process (subject to CA Building and Fire Codes). The applicant responded to concerns of alcohol -related impacts by explaining the nature of craft beer tasting rooms versus tradition bars or clubs, which cater to a different clientele. The Planning Commission voted to approve the Conditional Use Permit with a recommendation to the City Council on the condition waiver request. Because the conditions are related to City Council Policy 707 (Alcohol licensing), only the City Council may waive or modify said conditions, thus tonight's public hearing rather than the usual Notice of Decision. Summary The proposed use is consistent with the General Plan, because alcohol sales for on and off site consumption are a conditionally -allowed use in Development Zone 4 of the Downtown Specific Plan. The proposed use would be accessory to a proposed public market use in an existing commercial area, which is consistent with other commercial businesses in the area. The sale of alcohol would be accessory to the sale of other products in the market, although the -business itself will not be selling any food in conjunction with the beer. The business will be subject to standard conditions of approval along with those in Council policy 707 related to alcohol sales. Although the applicant requested the waiver of two conditions (No's 8 & 9), staff and the Planning Commission support the 151 of 269 retentions of Condition No. 8, and modification of Condition No. 9 if the Council agrees. The proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available, and would be a draw for area and non -area residents alike. It would also help to further activate the downtown core, consistent with the spirit and intent of the Downtown Specific Plan. OPTIONS The options available to the City Council are as follows: 1. Approve the item subject to the attached recommended findings and conditions of approval with the waiver or modification of certain conditions (specific changes or omissions should be stated in the motion); or 2. Approve the item subject to the attached recommended findings and conditions of approval; or 3. Deny the item subject to findings to be made by the City Council; or 4. Continue the item in order to request additional information. In the case of approval or denial, staff will return with a resolution at a subsequent date. 152 of 269 RECOMMENDED FINDINGS FOR APPROVAL 2016-12 CUP — 27 & 41 East 8t11 Street 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 the use is allowable within Development Zone 4 of the Downtown Specific Plan as a retail use, pursuant to a Conditional Use Permit, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. A public market with accessory beer sales is a use that is consistent with Development Zone 4 of the Downtown Specific Plan, which allows retail uses. 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 the interior construction of a public market space, which is consistent with other commercial businesses in the area. Development of the area was analyzed for traffic impacts as part of the Downtown Specific Plan, which envisioned significant density in this area. The sale of alcohol would be accessory to the sale of other products in the market, which would not create traffic issues above and beyond what was expected as part of the development of downtown. Auvabo to and from the site is provided by East 8th Street, an arterial street operating at a Level of Service (LOS) of C. East 8th Street in this location is operating at half of its capacity. in addition, the sale of alcohol is not expected to resuit in an increase in Average Daily Trips (ADT) such that the LOS would be affected, particularly as the area devoted to alcohol sales is only a small part of the overall public market. 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 use would be accessory to the public market, which will be located in an existing commercial area. The building is existing and has ten on - street parking spaces adjacent to the property, as well as access to several nearby parking areas. 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 153 of 269 the property is located, because the sale and consumption of beer would be a small part of the overall public market use, alcohol consumption would , be monitored by staff of the tasting room and public market, and the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act 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 uses would basically be the same as non -conditionally allowed uses (commercial and retail enterprises). 7 That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a public market, an allowed use in Development Zone 4 of the Downtown Specific Plan. The tasting room as part of the market would be a draw for area and non - area residents alike. It would also help to further activate the downtown core, consistent with the spirit and intent of the Downtown Specific Plan. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 154 of 269 RECOMMENDED CONDITIONS OF APPROVAL 2016-12 CUP — 27 & 41 East 8th Street General 1. This Conditional Use Permit authorizes a beer tasting room at a proposed market to be located at 27 and/or 41 East 8th Street, including sales of sealed containers (commonly known as growlers) for off -site consumption (per ABC Type 23 license regulations). Only beer produced by the master licensee under a Type 23 (small beer manufacturer) license may be sold and/or consumed at this location. The serving and consumption of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit A, Case File No. 2016-12 CUP, dated 6/7/2016. 2. 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. 3. 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. 4. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 5. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Executive Director that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. Planning 6. Alcohol sales shall be limited to the hours of 12 p.m. to 10 p.m. daily. 7. Ali 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 155 of 269 city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 8. The sale of alcohol shall not exceed gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 9. Alcohol shall be available only in conjunction with the availability of food on the premises. 10. The consumption of alcoholic beverages is prohibited outside of the building, with the exception of the outdoor enclosed patio seating area. The permittee shall post signs, to be approved by the Planning Department, at the entrances and exits to the building prohibiting consumption of alcohol beyond those points. Said signs shall not be Tess than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No consumption of alcohol is allowed beyond this point." b. "No open alcoholic beverage containers a re allowed beyond this point." 11. All activities shall abide by the limitations contained in Table 111 of Title 12 (Noise) of the National City Municipal Code. 12.AI1 activities involving the sale of food from a food truck or similar apparatus shall be consistent with Chapter 9.06 (Food Vending Vehicles) of the National City Municipal Code. 13.The proposed alcohol sales, service, and consumption shall abide by all applicable rules and regulations as stated by the California Department of Alcoholic Beverage Control (ABC). In the case that any of these conditions violate any laws, rules, or regulations administered by ABC, the laws, rules, or regulations shall govern. Police 14. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. 156 of 269 L1< M Jy d r $ P, t' ri E% h ,`� F R n !� R h J. h h 55 �{ i 9 pity; 16 4' ��i r� 1� � i ,�� � fit` �� �# �� i r� ;t�r p � •t (f!I1 �)! A f o 3r -� 11 eng 11111 iI qtr fnt 1x�tni t 3 wtit*t to Jli l ;VI! itr1�!III1 4 a11'4114111 Ott hid tit t! : r tij{l; , i �Iii 41t� rid itt it _ t111 a+, o It ,k1 8 At4 (M a m 1I -JR o®o®o2122E1T 1 Ii1 0001E101l 11 I Rm is f � Jn 0 m Z ill:A � t R � e.>f 1! a 1! h ilk [ t rig , IW ri t � :" f#�tf #/1 g dif Mill 0 ia!allI titiitf ^ 'r ! �� '•Iq q 1;1 # al e� 0,11114 i i a r qt. a toy ><flt }}tthotkni 40Iir I tq; piittalinte ii8iIiiiit qa Sg#gt. }{t: oi i iI g Sbt4 3IINth ii l id !Ii111:1411B i e i I g$ g 11 10 o 1 0 L IiLJ I ALLEY y-d10tf y- e r eaaa' I 1 i f ',1 H ff 1 0 A 0 �^- y- y- y- 1- y- n 1 EXISTING ONE STORY COMMERCIAL BUILDING �Jt000' 4 0 t T.' J J . :cuss0 u. °°�S, .. 14. ��., .t .4. 8TH ST PUBLIC MARKET 41 E Bitl STREET, NATIONAL CITY, CA 157 of 269 A AVENUE 1 a a PAEDES RNER ARCHITECTURE TEL ((BB} TJe e3m FAX ceaf 72a'M N eerie LA /M A [MVO., LA JOLLA. CAe21137 renbermedwenn FLOOR PLAN NOTES, ❑1 ram mom* SO TOIET ❑S LAVATORY p ma*. IKIPEA MOWNsravacc sew ID SEAT rams KAMM KOKS [,l� f4e19E1P Noce g may © BILIf.LA6lll� PARTIN& gi earn YAT N7 stem mJ»01 1� Malt AIK&E 9PAS num* • M116 aE:rnc44.1,1'21} ® yS UAepl TD A711G ., Y-Y 7u 1 s�rtosiew:. WIRY PAID Com am., wow LL 0002t & YCCD MACS SPACE 1_ .�l I L•'-1 LEGEND 01.111. .11M4a• TTP.) f.1 J-1 MEM= i mmmm 1 10IxTdx('04ss L'I T,1 n=Y Lb 11tl 14'4 M IYLC (101 en L6-0' IEaF6.9WEM +�I FE-1nm 14.4 Y ism (1L 4') rgirLipie F 14'4 11 1Y'2 Vi9 PF7 ° t4'A 11 17Sal u J4'y4p9 r✓ .57116 4aci 4• F 14x 14'9 (H71 eF) I( 1r4 x 14b (ON+ Sr) COMM %B ` X 14% i201 4' 14'a N. 14'0 (301 FLOOR PLAN 3/52. a 1'-Fr 11 s Alt t ,y.• S E o MORI ax 09211111 RNN11 PEW A-4 BAKST 46■ 158 of 269 0 1e 1' e ��_TL_.T • p; SSA -,k f •':..I ammo �t•4�ri� 7 5: L N>' SOUTH ELEVATION CSC LE; SPY - 1'-9F 24 ,a1 9^.N.E. aisr - I =U e, ;A 96 GiYMIC C LE T ELEVATIONS KEY NOTES N1 [E7 swam Y 1E) MAMMY MJMPE7 a rim 1410.14.9 TE roar [s] 11GSH iscoe111K Su 8 maga 09,46.19 Itur4MAT1gW A eHEETSOF= 159 of 269 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 07/20/2016 BUSINESS NAME: Novo Brazil ADDRESS: 27 & 41 East 8th Street, National City OWNER NAME: Germiniano Tubao DOB: O9i08/1967 OWNER ADDRESS: 657 10th Street, Imperial Beach, CA 91932 (add additional owners an page 2) I. Type of Business ❑ Restaurant (1 pt) ❑ Market (2 pts) D Bar/Night Club (3 pts) II. Hours of Operation ❑ Daytime hours (1 pt) Close by lOpm (2 pts) ❑ Close after 10pm (3 pts) III. Entertainment ❑ Music (1 pt) ❑ Live Music (2 pts) ❑ Dancing/Live Music (3 pts) 1V. Crime Rate ❑ Low (1pt) 0 Medium (2 pts) 1 High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) ❑ Average (2 pts) 0 Above (3 pts) Revised: 11111 Notes: Crime Rate 395.1 % On -Sale Allowed 5 Actual 3 Off -Sale Allowed 2 Actual 2 1 of 2 160 of 269 National City Police Department VI. Calls for Service at Location (for previous 6 months) V1 Below (1 pt) ❑ Average (2 pts) 0 Above (3 pts) VII. Proximitv 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) 0 Minor criminal incidents (2 pts) 0 Multiple/Major criminal incidents (3 pts) ABC Risk Assessment Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total' Points 9 OWNER NAME: Germiniano Tubao CDL - C3728370 DOB: 09/08/1967 OWNER ADDRESS: 657 10th Street, Imperial Beach, CA 91932 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: NCPD does not have a dedicated or proactive ABC enforcement unit to regulate businesses. High crime rate in the area/beat 395.1% ABC considers 120% high. Business has been dosed for over a year, the calls for service do not apply to the applicant business. Type of business in the assessment does not apply - 0 points No entertainment - 0 points Located right next to integrity Charter School Completed by: Badge ID: 2 of 2 161 of 269 5OLITI-1 I3AY C 'MM INJTY CHANGE f l A'roject of the Institute for Public Strategies Environmental Scan for Alcohol License C.U.P. Craft Beer Tasting and Beer Garden 27 & 41 East 8th Street, National City, CA 91950 July 6, 2016 Photo of empty building for Beer Tasting and a Beer Garden in National City Google Earth View of 27 & 41 East 8'° Street an Surrounding Area This environmental scan is for an amendment on the existing Conditional Use Permit for the Beer Tasting and Beer Garden to be located at 27 & 41 East St' Street in National City. The applicant is applying for a Conditional Use Permit to expand the amount of area within the business for sales of Beer. The business is located east of the 5 Freeway and National City Blvd. in National City. An environmental scan was conducted on Wednesday, July 6, 2016. The business is the Beer Tasting and Beer Garden which will be located in a public.food court. The location will have approximately 14 retail suites, 2 food vendors and a public food court with a sidewalk cafe on "A" Avenue. During a scan of the business and property the following was noted: There are currently 3 on -sale alcohol retail business within a block and %2 of the proposed site. The business is located in an area with other local businesses, single-family residences, multi -housing units and a hotel in the immediate area. Youth Sensitive Areas The business is not located near any youth sensitive areas. Funded by the San Diego County Health and Human Services Agency 2615 Camino del Rio So. #300 ' San Diego, California, 92108 " Phone: 619.476-9100 Fax: 619.476-9104 www.publiostrategies.org 162 of 269 Churches The business is not located near any youth sensitive areas. Outlet Density According to the ABC, five (5) on -site licenses are authorized for Census Tract 0118.01, the census track within the area of which 27 & 41 East 8th Street is located. Currently there are three (3) on -sale licenses issued for the Census Tract is 0118.01. There are currently 3 on -sale business within a block and 1/a of the proposed site. .• r tta.• a _ w,='.. t.t0^!? .- =II - •p .+ Green Arrow and Red Pin Depict Applicant's Location for the Beer Tasting and Beer Garden at "27 & 42 East 8th Street" in National City. Yellow Cycles Depict Existing Alcohol Outlets in Applicant's Census Tract and Other Nearby Census Tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Census Tracts Off -Sale On -Sale Tract 0118.01 , Establishment is within this tract Allowed: 2 Actual: 2 Number Above/Below Allowable: - Allowed: 5 Actual: 3 Above/Below: -2 Neighboring Census Tracts Tract 117 Allowed: 8 Actual: 14 Number Above/Below Allowable: +6 Allowed: 4 Actual: 8 Above/Below: +4 Tract 219 • Allowed: 8 Actual: 10 Number Above/Below Allowable: +2 Allowed: 4 Actual: 6 Above/Below: +2 The Sof* Say Connell Change Pioyect is a pmject of the Institute for Public Slreiegitosand is funded byihe San Diego County Health and Human Services Agency 2615 Corm oo del o So. 4f300 * San Diego, California, 9210Q! • Phonec 619.476-91C0 • Fax 619.076-9104 ws•d.PUblkedredeglec.or9 163 of 269 Crime Rate Refer to National City Police Department for crime data. Considerations Should a CUP be issued we would recommend that: Staff, management, and owner be required to attend the Responsible Beverage Sales and Service training. Security be required for evening hour for the outside beer garden area. Business hour should not exceed 10:00 PM. The South Bay Canmundty Change Project is a project otlhe Institute for Pubic Strategies and is funded by the San Diego County Hegel and Human Services Agency 261S Canino del Rio So. 03D0 • San Califonve, 9210a • Phones 619.476-910G • Fax: 619.476-9104 w .publiestfategiamg 164 of 269 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process and Alcohol Conditional Use Permit Standards. POLICY NUMBER: 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: August 16, 2011 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community do not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license, If it is a new (in the case of an 'original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter .to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's City of National City — City Council Policy 707 1 165 of 269 Planning Department and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. Once a CUP has been issued, the Planning Department notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides ail the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with focal standards. These conditions of approval shall apply to all new Conditional Use Permits (CUP's) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc.) or off -sale (market, grocery store, etc.). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1. (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (of -sale alcohol) No sale of wine or distilled spirits shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off --sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not Tess than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit _, Case File No. _, dated _. City of National City — City Council Policy 707 2 166 of 269 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the perrnittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises.' b. "No loitering is allowed." 10. (off -sale alcohol) Containers of distilled spirits may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol} Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to The exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. Mth the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. City of National City — City Council Policy 707 3 167 of 269 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off sale CUPS where a condition exists limiting sales to no less than six-pack quantities. However, businesses wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. City of National City — City Council Policy 707 4 168 of 269 Attention Neighbors You're invited to a community meeting to discuss the development of a new remodel of a vintage building, located at the corner of 8th & A, 41 East 8th Street. The owners and development team are excited about the enhancement of this property. Planned as a Public Market, it is set to revitalize and enhance the neighborhood and bring new life to an otherwise empty building. 8th Street Public Market is planned as a 7-day a week Public Market and event venue offering the best of what the National City region has to offer. Showcased in an urban and rustic setting, our artisans include an ethnic variety of prepared foods, a designer coffee bar, various retail shops and local vendors, and an award winning craft beer tasting room and outdoor garden space. Stop by and join us at our Community Meeting, where we plan to exhibit what our Market is set to look like, discuss and answer questions about what's coming and share with our neighbors, what will be National City's newest hot spot. Date: June 29 Time: 5 pm Location: 41 East 8th Street, National City (on the corner of East 8th Street and A Avenue, next to our neighbor, Niederfrank's) We hope you can join us for this informative event about the space 169 of 269 NEIGHBOR COMMUNITY MEETING SIGN IN SHEET NDANCE FOR THE CONIMIINM MEETING REGARDING THE : . STREET' PUBLIC MARKET LOCATION Nol•••••11., • * • 4 • t p. • ' u‘i • 3.",•*-i•a If• • • A. -s; - :•• ssi . • ks.. iti An, 5 irk Pviot, irc so fiszvi. rrEaeo orif2A/1,. c c)", (WAD 4-11--099B' NA;te f:35/Afit O1 "$'-Yee' VoNv& A- (Cr PO 6cic E-c,444ST s 0 C9-2.3,fipo rt--1 in-99o,8s1 LA, ja,,tak q2.77 14i4 giel% qtdisz ti 27 El '-')NZ 9t ft it71' . j,11.4ot"' te.) s....c4f';TAF 0.4 .)11' A' 17, • 170 of 269 NEIGHBOR COMMUNITY MEETING SIGN IN SHEET NEIGHBORS IN ATTENDANCE FOR THE COMMUNITY MEETING REGARDING THE 8TH STREET PUBLIC MARRET LOCATION A 06 gr‘c +41-6 NE 1 te fkociiit-ta-4 2 PA tiet 4 5 6 7 8 9 10 11 12 13 14 15 17Z2-4/e1-1 4 - 171 of 269 Martin Reeder From: Joshua Renner <joshuarenner@att.net> Sent: Monday, July 11, 2016 10:00 AM To: Martin Reeder; Joshua Renner Subject: Community Group meeting notes Hi Martin Here are the minutes to our meeting and the sign -in sheets attached on a seperate email following this one: July 9, 2016 To: City of National City Planning Department Fr: Joshua Renner, Paredes -Renner Architecture Re: 8th Street and A Ave Public Market Community Meeting Minutes: On June 29, the Tubao Family and their design team, Paredes -Renner Architecture, held a community meeting inviting he neighbors of this property to chat about the venture. I started the meeting a little late, at 5:20pm, allowing some other members of the community to arrive. It was immediately questioned by Janice Martinelli, President of the Historical Society, why we are having the meeting at 5pm, when hardly anyone could attend. I replied, stating that it was an agreed upon time by the owner and City Staff. As the meeting progressed, I gave a bit of history about the two spaces at 41 East 8th. I then moved into what our proposal is going to entail, touching on describing what the work would look like, how the project would improve the neighborhood, raise property values and create a better walk -score to this small portion of the community. There was a late -comer, Armando A. that spoke up and voiced his strong opposition to ANY re- development in these two properties, as "anything" that goes in there will worsen the neighborhood's current lack of parking situation and create a gentrification issue. He went on again to mention that he'd rather see completely empty commercial buildings, than "any" growth and re -development in the area and added that NO one but National City residents should be allowed to have businesses here in the City. We ping-ponged our opinions and I managed to throw in what the Municipal Code sets forth and told him that as a non-residential use to a non-residential use, there is no requirement for us to add further 172 of 269 parking. And I added also, that __tyone (including businesses not livi3 Q in National City) can have a business within the City as long as they met Code requirements. This seemed to upset him even more. As Armando went on to speak, he got off on tangents about the tower condos, the historic Brick Row, and everyone around his dwelling at E. 9th Street, voicing that there's never any parking. (After the meeting, I went by his location and noticed that the row homes come with their own dedicated parking, within their rear yard spaces). Martin Reeder stood up and asked that we stay on point and that our meeting not get hijacked, pulling other project's into this meeting, as that's not what's being discussed. I went on to do a walk through of our space's floor plan that we had mounted along with concept photos of a similar space in Little Italy. I invited the neighbor's to please feel free to come up and look at them, so they get a well rounded view of what the proposition entails. There was much chatter and opposition about the Tasting Room going into the Public Market, as the neighbors were very concerned that we'd become like McDinni's Bar, located across the street, very noisy and boisterous. We assured the neighbors that it was our intent to evoke a light, airy/open, family friendly atmosphere, where people can gather and have a beer, converse and shop, the complete opposite of McDinni's Bar, for our space. I asked if there was any other questions and Mike Osborn, an owner oftwo units in the condo tower, stood up and asked what he needed to do for the City Council, to offer his full support of our project. I stated that I'd speak to him after the meeting. He mentioned that it would really help turn the area around. I ended the meeting after asking again if there were any other comments or questions. There were none. Respectfully Submitted, Joshua Renner Paredes -Renner Architecture joshuarenner@att.net 619.990.8942 Joshua Renner Design Consultant Josh Renner Design joshuarenner@att.net 173 of 269 CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Daila, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 5:00 p.m., Tuesday, August 2, 2016, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider a: CONDITIONAL USE PERMIT FOR A CRAFT BEER TASTING ROOM AT 27 & 41 EAST 8T" STREET Anyone interested in this matter may appear at the above time and place and be heard. 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 undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission conducted a Public Hearing at their meeting of July 18, 2016 and voted to recommend approval of the Conditional Use Permit by a vote of 6 to 1. July 20, 2016 if Michael R. D Ila, CMC City Clerk 174 of 269 juNE 28, 2016 41 EAST 8x STREET DEVELOPERS WE ARE NOT IN FAVOR OF YOUR INTENTIONS TO OPERATE A BEER. BAR OR REEK TASTING ROOMS AT THE 41 EAST 8' LOCATION. YOUR BUSINESS STRUCTURE CANNOT SUPPORT SUCH AN OPERATION AS YOU HAVE NO PARKING. Nc0INIgs HAS EXPERIENCED PROBLEMS WITH UNRULY PAMI S FROM SURROUNDING BUSINESSES ILi UGAUY USJNG OUR PARKING LOT .LOCArm ACROSS THE STR£n FROM YOUR PROPOSED LOCATION TFIAT HAS CAUSED OVER 50 DOCU1ED POLICE CALLS FOR soma, NOT OF ova CAUSE. WE COULD SUPPORT YOUR PLANS VCR BEER TASTRIGS JF AND WHEN YOU PatIVIDE. ll�,: PARMIC & S 'Cara', sotenum THAT DOES NOT APPEAR TO HAVE BEEN ADDRESSED HST YOUR Pe 24, 2016 GENERIC MFR. SINCERELY; Ham% RESTAURANT Coap P.O.Boz 2885 NAnoNu. Crrv, CA 91951-2885 �,,� 910? 6 E P;,np i3y' !ice e 175 of 269 June 27, 2016 Development team & Property Owner 41 East St Street National City,C 91950 1INtl d .Z.E:iltONOLLVM3Q kin Ni 1 To whom it concerns; I am opposed to your plans to sell or offer any on -premise Consumption of beer ,,beer products, or beer tastings. It appears you plan to open a tasting room that would Offer alcohol (beer) in a quasi -bar setting. You are not fooling anyone with the mention of "event Venue" and "beer tasting? combined in one. You should be aware that you cannot legally operate a Bar or "quasi -bar' within 500' of a school or church. Your "tasting room" (on site bar) would be located 18' From a charter school operating daily. Your property does not currently have any parking, Any patron parking overflow would serve to damage The surrounding parking flow and possibly necessitate Calls for police service in an area that already contains A market -liquor store and a full service bar on the Opposite corners. i would support your plans for a Public Market as Long as there is no on site beer tastings, on site beer 176 of 269 Sales, and no public events based upon the non-existence Of any parking for your patrons. By the way, if you were truly upfront about your "exciting" Intentions to operate in National City, you would list actual Names, profiles and contact information as opposed to complete Anonymity, solely limited to a building address. Howard Adler Trust 71044-4424-14)-: P.O.Rox 15352 San EDlegc,CA 92175 Cc: Martin Reeder 177 of 269 ' , 2Z7/6 . "Jo 4-e,0 4a7 rit-re 4^/ nc-07944-•nc4-r-" (i)-4 ffeei/Z 451i1 41— 28 ‘5725-d---S SP2i2dfrib.7 rt e '-pd-s-44 auet_ ufve rs [5 411.4160 a 113 6 6t/ 1;4— -57144.1 frikozoliv c AsPlaia. r --- 1: eoh4ef 011 Ote te<47 tile*' "4 A-- /1A R(417 VA461-ce-cs- 4 07 mc,c44,,j i‘",tie___ f nTe /0-06,7 vf.° 11A Par 17444-t-- tre,60-J) ?V 16: 1 1 frti,t., A/c__ 60414. ,r-h14 4964-ea-i-W Arrzvle,oyhel eofLv 178 of 269 July 18, 2016 National City Planning Department Attn: Martin Reeder -Planner 1243 National City Blvd National City, CA 91950 Dear Sir; I understand there is a meeting scheduled for today pertaining to Development at 27-41 East 8th Street. There also may be speculation concerning discussions of plans to dose or modify the alley located directly behind National City Blvd And "A" Avenue's, adjacent to the rear of 27-41 East Street bldg's. This is a bad idea, one that has already been decided as recent as 1999, pursuant to police department comments, "Police and Fire Services require 24hr accessibility of the alley behind "A" Avenue And National City Blvd's". I believe that any new or incoming stores or businesses should have To construct new facilities for any parking and that EZ two-way alley Access is essential to the lifeblood of the school, the condominium Tenants, and the longtime existing businesses that occupy "A" Ave. If proposed new businesses are contemplating future parking or Pedestrian issue's, the developers have to follow the guidelines we All follow in seeking out solutions for parking and pedestrian flow. I-1414 AO hiM = Li - Ire: 7106 JULRECEOVED 2 8 REC"D National City Planning Division National aty, CA 91950 • 179 of 269 Page Two Neither the public, other business and property owners, and above all, Adjacent homeowners, should have to be forced to suffer any sort of Inconvenience due to loss of alleyway egress. BAD IDEA, BAD IDEA, BAD IDEA. Sincerely; Howard Adler Trust Vee Auto Parts/Alpine Europarts Charlton Mfg Cc: Star News 180 of 269 rr N ► ro . ft-ts ) jcs c-Ano:.:42A2y-. us,)Q_ ; I azz,a-v- kdof ceviA--. c(216_, 412C,, 15- e---bso6 ca cv4,1Q. t 2r (1 t ty c.. � Gat a t c-i e ([-. t '3t .-,esoa v�.i„-�- 4.(4.....G.,nA( �1� , 'L pad)-4+, ,k e-( Q-146-b)-, A Ptv- e . : 1 Sr-7 ig\-4sAA-- y,0 (EL.", Fgiv... N1,50.»;e, Ogiaa_ fs ►�4'Md- G, --- if ak tarry 1..1, CeyAyykileA,. s utom.. ' '' v -� pia1 moo•, �..... �Q . �- 4\,‘ S eat n VI-NQ -IA ' M (6•••• ) cAaivsgm Q.kev SD,, riff? : • lifE .... JUL 4 REtTI .1 Nations! annal l i lift National i , CA 91950 181 of 269 'J0 f3.Nm: r5 00 02 rrr, 91 igust 25, 2014 �! CensusTracts 2010 a+bsed 0100 rti 01 Seullecreia 36.02011 9 T ! 219 125.02 33.03 °v. '118.02 117 11ty.01 220 mph 12141 124_02 1 182 of 269 31.11 120:03 121.02 s 1402 Vista ifIrbitY 123.03 31, •1 It 09 Wldl = ”aS3' 3.2. 41 ` 12 04 r;�r�kkhiw= 134, tub 1:45,467 0 0.375 0.75 134 1.5 nri 0 0.5 1 2 km Sou Earl, HERE. OeLerrn , TomTcm, %temp, Increment P GEBCO, USGS, FAO, WS, MOAN, GeoBese, t{ t, Kedester IL, OR; :army, Esri Jepen, MET', Eel Chine (Hem Kent?), marisstopo, Mepreytr' QpenstredMepco, end the G IS Utter Comm unity Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 20 183 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 184 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City denying a street vacation request for vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC) (P 184 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2010 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City denying a street vacation request for vacation of a segment of "A" Avenue located south of East 28th Street and north of East 29th Street. (Applicant: Frank Motors) (Case File No. 2013-23 SC), PREPARED BY: Martin Reeder, AICP SOK% DEPARTMENT: PHONE: "619-336-4313I APPROVED BY: EXPLANATION: The City Council held public hearings on December 16, 2014, March 17, 2015, June 2, 2015, June 7, 2016, and finally on June 21, 2016. At the June 21st public hearing the City Council voted to deny the applicants' street vacation request due to the current and prospective public use of the street proposed to be vacated. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the attached Resolution BOARD I COMMISSION RECOMMENDATION: NIA ATTACHMENTS: Resolution 185 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 186 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Final Audit Report for the Morgan Square Business Improvement District for the period from January 1, 2008 through and including June 30, 2014 186 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 ITEM TITLE: AGENDA ITEM NO, I Resolution of the City Council of the City of National City approving the Final Audit Report for the Morgan Square Business Improvement District for the period from January 1, 2008 through and including June 30, 2014. PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: Pla PHONE: 336-4421 APPROVED BY: EXPLANATION: Background report attached. FINANCIAL STATEMENT: The Successor Agency and City will recover $54,006.92 in aftorney's fees from the settlement. ACCOUNT NO. APPROVED: APPROVED: vision Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Final Audit Report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Background Report 2. Settlement Agreement 3. Final Audit Report 187 of 269 Attachment 1 Background Report The Morgan Square Property and Business Improvement District was formed on August 3, 2004, pursuant to the California Property and Business Improvement District Law of 1994 (Sts & Hwy Code Section 36600 et seq., °PBID Law"). The District was established to provide for the maintenance, operations, and servicing of certain improvements in the District, which generally includes parcels with frontage on National City Boulevard and Roosevelt Avenue between 2nd Street and 12th Street and on 8th Street between Interstate 5 and D Avenue. On March 8, 2005, the Community Development Commission and National City Morgan Square, Inc., entered into an agreement for the administration and operation of the District pursuant to the Management District Plan and PBID Law. Subsequently, the City transferred approximately $1,163,000 collected from the levy of assessments in the District to Morgan Square. In return, Morgan Square was to utilize these funds as set forth in the Agreement for activities and services in the District. The District expired by its own terms in 2010 in accordance with the PBID Law. No action was taken by any of the Parties to renew the District, and it has not been renewed. On June 25, 2013, the City and the Successor Agency filed suit against Morgan Square for breach of the agreement and violation of the PBID Law based upon: (1) not providing certain accounting records and documentation to the City; and (2) upon expiration of the District, not taking steps to refund the remaining District Funds in Morgan Square's possession to the assessed property owners. In September 2013, on the City's motion, the Superior Court for the County of San Diego issued a temporary restraining order to restrict the use of funds within Morgan Square's possession. In November 2013, an injunction was ordered by the Court prohibiting Morgan Square from using the District funds other than for a specific use approved by the Court, that being payment for Court approved legal expenses incurred by Morgan Square. Subsequently, the Parties negotiated a Settlement Agreement and Release, which was approved by the City Council on December 15, 2015 and the Oversight Board of the Successor Agency on April 20, 2016. Under the terms of the Agreement: 1. Morgan Square shall prepare and submit a final audit to the City. 2. Morgan Square shall return the funds to the City. 3. The City will refund the funds in accordance with PBID Law. 4. The Successor Agency and the City shall recover $54,006.92 in attorney's fees, payable from the funds. Pursuant to the Settlement Agreement, Morgan Square has prepared the Final Audit Report for the period from January 1, 2008 through and including June 30, 2014. The proposed resolution would approve the Final Audit Report for the Morgan Square 1 188 of 269 Business Improvement District. Pursuant to the Settlement Agreement, within five days of the final approval of the settlement by the Successor Agency and the City, the Oversight Board of the Successor Agency, and the State of California Department of Finance, Morgan Square shall return all District Funds in the possession of Morgan Square to the City. The Settlement Agreement allows the City to charge against the District funds its costs incurred as a result of the litigation compelled by Morgan Square through the date of execution of the Agreement and to refund remaining funds in accordance with the Property Based Improvement District (PBID) Law. Any individual or entity entitled to a refund may assign that refund to Morgan Square by appropriate documentation. The releases contained in the Settlement Agreement are contingent upon the "Effective Date of Release," which is when the City and the Successor Agency approve the final audit at a public hearing and the expiration of applicable times to challenge administration of the District by Morgan Square, distributions or refunds under the PBID Law, and/or to seek and initiate refund claims. Upon the Effective Date of Release, all parties would release each other of any obligations, liabilities, and claims with respect to the litigation. The Settlement Agreement resolves and discharges all claims and defenses in the litigation and provides that all parties waive all rights of appeal and motions. The Settlement Agreement provides for the Successor Agency and the City to recover attorneys' fees and costs, including the negotiation, drafting, and execution of the Settlement Agreement. 2 189 of 269 CIV-130 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number and address): Charles B Christensen, Esq. (SBN 56728) Toel B. Mason, Esq. (SBN 207708) Christensen & Spath LLP 550 West C Street, Suite 1660, San Diego, CA 92101 TELEPHONE NO.: 619-236-9343 FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): Plaintiffs City of National City, et al. SUPERIOR COURT OF CALIFORNIA, COUNTY OF San Diego STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE BRANCH NAME: 330 West Broadway 330 West Broadway San Diego, 92101 Hall of Justice PLAINTIFF/PETITIONER: City of National City, et al. DEFENDANT/RESPONDENT: Morgan Square, Inc. FOR COURT USE ONLY NOTICE OF ENTRY OF JUDGMENT OR ORDER (Check one): 0✓ UNLIMITED CASE (Amount demanded exceeded $25,000) 0 LIMITED CASE (Amount demanded was $25,000 or less) CASE NUMBER: 37-2013-00054606-CU-OR-CTL TO ALL PARTIES : 1. A judgment, decree, or order was entered in this action on (date): 3/25/2016 2. A copy of the judgment, decree, or order is attached to this notice. Date: 4/01/2016 Joel B. Mason (TYPE OR PRINT NAME OF ATTORNEY E] PARTY WITHOUT ATTORNEY) y (SIGNATURE) Form Approved for Optional Use Judicial Council of California CIV-130 INew January 1, 2010] Page 1 of 2 NOTICE OF ENTRY OF JUDGMENT OR ORDER www.caurtinfa.ra.gov 190 of 269 CIV-130 PLAINTIFF/PETITIONER: City of National City, et al. DEFENDANT/RESPONDENT: Morgan Square, Inc., et al. PROOF OF SERVICE BY FIRST-CLASS MAIL NOTICE OF ENTRY OF JUDGMENT OR ORDER CASE NUMBER 37-2013-0005460 6-C U-O R-C T L (NOTE: You cannot serve the Notice of Entry of Judgment or Order if you are a party in the action. The person who served the notice must complete this proof of serv►ce.) 1. I am at least 18 years old and not a party to this action. I am a resident of or employed in the county where the mailing took place, and my residence or business address is (specify): Christensen & Spath LLP, 550 West C Street, Suite 1660 San Diego, CA 92101 2. I served a copy of the Notice of Entry of Judgment or Order by enclosing it in a sealed envelope with postage fully prepaid and (check one): a. 0 deposited the sealed envelope with the United States Postal Service. b. 1 j placed the sealed envelope for collection and processing for mailing, following this business's usual practices, with which I am readily familiar. On the same day correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service. 3. The Notice of Entry of Judgment or Order was mailed: a. on (date): 4/01/2016 b. from (city and state): San Diego, CA 4. The envelope was addressed and mailed as follows: a. Name of person served: c. Name of person served: Attorney Mr. Steve Haskins Street address: 4045 Bonita Road, Suite 206 Street address: City: Bonita City: State and zip code: Califomia, 91902-1336 State and zip code: b. Name of person served: d. Name of person served: Street address: Street address: City: City: State and zip code: State and zip code: n Names and addresses of additional persons served are attached. (You may use form POS-030(P).) 5. Number of pages attached 14 . I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 4/01/2016 Michelle Lanfried [TYPE OR PRINT NAME OF DECLARANT) Page 2af2 CIV-130 [New January 1, 2010] NOTICE OF ENTRY OF JUDGMENT OR ORDER 191 of 269 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Charles B. Christensen (SBN 56728) Joel B. Mason (SBN 207708) CHRISTENSEN & SPATH LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Tel: (619) 236-9343 Fax: (619) 236-8307 Claudia G. Silva (SBN 167868) City Attorney CITY OF NATIONAL CITY 1243 National City Boulevard National City, CA 91950 Tel: (619) 336-4220 Fax: (619) 336-4327 Attorneys for Plaintiffs City of National City and The Successor Agency to the Community Development Commission of the City of National City ELECTRONICALLY FILED Superior Court of California, County of San Diego 03l21 /2010 at 08:34:00 AM Clerk of the Superior Court By Jenitta 'uirissirno,Deputy Clerk [Fee Exempt, Gov. C. § 6103] IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SAN DIEGO THE CITY OF NATIONAL CITY, a municipal corporation; THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY; and ROES 1 through 10, Plaintiffs, v. MORGAN SQUARE INC., a California nonprofit corporation, NATIONAL CITY MORGAN SQUARE, INC., an entity of unknown origin; and DOES 1 through 25, inclusive, Defendants. CASE NO.37-2013-00054606-CU-OR-CTL STIPULATION FOR SETTLEMENT AND C OD AITH SETTT EMENTVING BETWEEN CITY OF NATIONAL CITY ORDERING TURN OVEY] AND MOANR F FUNDS INC.;O THE CITY; ALLOWING REIMBURSEMENT OF CITY'S ATTORNEYS' FEES• DISSOLVING THE PRELIMINARY INJUNCTION ISSUED IN THIS CASE UPON PAYMENT OF THE FUNDS TO THE CITY; RETAINING JURISDICTION TO ENFORCE THE SETTLEMENT AND THE ORDERS OF THE COURT IMAGED FILE Date: , 2016 Time: Complaint Filed: June 25, 2013 Dept: 71 Judge: Hon, Gregory W. Pollack Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 192 of 269 lT IS HEREBY STIPULATED AND AGREED by and between Plaintiffs, City of National City and The Successor Agency to the Community Development Commission as the National City Redevelopment Agency, and Defendants, Morgan Square Inc., a California non- profit corporation and National City Morgan Square, Inc., by and through their respective counsel of record, having reached a settlement of their dispute concerning the remaining funds in the Downtown National City Property Business lmprovement District ("PBID"), the status of said funds being the central subject of the above -captioned lawsuit. The Parties understand that each Party has the right to a trial of the matter, various appeal rights, rights to move for a new trial. to set aside the judgment, and other remedies directly and indirectly challenging the judgment. However, after a review of all the issues, the Parties agree that they, and each of them, do not elect to try the matter, and instead agree to the following stipulation for settlement of the issues that were raised or could have been raised in the above -captioned lawsuit. The parties request that the Court retain jurisdiction over them to enforce the settlement until performance in full of its terms. The Parties stipulate as follows: SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release (`°Settlement Agreement") is made this day of February 2016. by and between MORGAN SQUARE, INC. ("Morgan Square"), THE CITY OF NATIONAL CITY, a municipal corporation ("City"), and THE SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY ("Successor Agency"). Morgan Square, the City and the Successor Agency are collectively referred to herein as the "Parties". RECITALS A. On August 3, 2004, pursuant to City Council Resolution No. 2004-148, the City established the Downtown National City Property and Business Improvement District. also 2 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 193 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 known as Morgan Square (the "District") pursuant to the California Property and Business Improvement District Law of 1994 (found at Sts. & I-Iy. Code, § 36600 et seq., "PBID Law"). B. The City delegated oversight of the District to the Community Development Commission of the City of National City ("CDC"). On March 8, 2005, the CDC and National City Morgan Square Inc. entered into a written agreement for administration and operation of the District pursuant to the Management District Plan and PBID Law ("Agreement"). Even though the Agreement was entered into by "National City Morgan Square, Inc.", Morgan Square was and is the contractor providing services in the District. C. The City transferred approximately $1,163,000 collected from the levy of assessments in the District to the Contractor (the "District Funds"). In return, Contractor was to utilize the District Funds as set forth in the Agreement for activities and services in the District. The District expired by its own terms in 2010, and in accordance with the PBID Law, and no action was taken by any of the Parties to renew the District and it has not been renewed, D. The Successor Agency was created by the City Council of the City of National City pursuant to Resolution No. 2012-15 and Part 1.85 of the Health and Safety Code to serve as the Successor Agency to the CDC (the Redevelopment Agency) upon its dissolution under Assembly Bill ABXI-26 (2011). E. The City and the Successor Agency contend that Morgan Square is in breach of the Agreement and violation of the PBID Law by not providing certain accounting records and documentation to the City and by not taking steps to refund, upon expiration of the District, the remaining District Funds in Morgan Square's possession in accordance with PBID Law. Morgan Square disputes these contentions. F. On June 25. 2013, City and Successor Agency filed a lawsuit against Morgan Square in the Superior Court for the County of San Diego, identified as Case No. 37-2013- 00054606-CU-OR-CTL ("Litigation"), arising out of obligations and covenants under PBID Law and the Agreement, in order to preserve the status quo pending mediation. Mediation was 3 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 194 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 I5 16 17 18 19 20 21 22 23 24 25 26 27 28 unsuccessful and the Parties proceeded to litigation and the City was compelled to undertake pre-trial law and motion and discovery activity. G. On or about September 16, 2013, on the City's motion the Court issued a TRO and then on or about November 19, 2013, an injunction prohibiting Morgan Square from using the District funds other than for a specific use approved by the Court, that being payment for Court approved legal expenses incurred by Morgan Square. H. Without admitting any liability or fault, each of the Parties to this Settlement Agreement now desires to resolve all aspects of the Litigation among themselves. AGREEMENT NOW THEREFORE, in consideration of the foregoing and for good and valuable consideration the parties hereby agree as follows: 1. Settlement. (a) Morgan Square hereby acknowledges and agrees that this Settlement Agreement is subject to approval by the Successor Agency and the City, the Oversight Board of the City of National City ("Oversight Board"), and review and approval of the State of California Department of Finance (`Department of Finance"). In the event the Successor Agency and the City, the Oversight Board. and/or of the Department of Finance, or any of them, do not approve this Settlement Agreement, then the Settlement Agreement shall become null and void. (b) Morgan Square agrees to cooperate in all necessary steps to prepare a final audit report for the period from January 1, 2008 through and including June 30, 2015, This audit report is intended to be submitted to the City on or before April 1, 2016, for presentation, review, and approval at a public meeting. This will result in a separate analysis for any disbursements made by Morgan Square since the last audit by the Sonnenberg CPA firm, if any have been made. if none have been made the prior audit will satisfy this condition. (c) Within five (5) days of the final approval of the settlement by the Successor Agency and the City, the Oversight Board of the City of National City, and the Department of Finance, to the extent necessary, Morgan Square shalt pay all District Funds in the custody, 4 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 195 of 269 possession, or control of Morgan Square. over to the City to be distributed as refunds pursuant to the PB1D Law, specifically Streets and Highways Code section 36671. (d) Morgan Square shall deliver all remaining District Funds to the City to be distributed as refunds in accordance with the PBID Law and Streets and Highways Code section 36671. Except as otherwise expressly provided in this Agreement and that the City Of National City may be refunded assessments on properties owned by it for which it paid assessments, as provided by the Property and Business improvement District Law of 1994, the City Of National City will not retain, obtain. charge, or in any way keep or collect any amount whatsoever from the District Funds to be refunded to the Morgan Square District members pursuant to this Agreement. Nothing in this Agreement is intended to alter the outcome under State law for return of the District Funds. Any breach by the City Of National City of this provision shall be considered a material breach of the Agreement and shall release the Morgan Square District from its obligations herein under. (e) Execution of this Settlement Agreement shall not constitute a ratification of the acts of any of the Parties in connection with the District. 2. Dismissal of the Litigation. On June 25, 2013, the Successor Agency and the City were compelled to file the Litigation against Morgan Square after the latter failed to follow through on a negotiated settlement, and the City obtained an injunction to preserve the District Funds. The Parties hereby agree the Litigation shall be dismissed upon the Effective Date of the Release, defined below, or on a date determined by the Court within its discretion. 3. Release of Claims. (a) Scope of Releases. The Parties and each of them, by and for itself hereby acknowledges and agrees that the scope of the mutual release and discharge of claims recited in Sections 3(b) and (c) below shall be interpreted to the broadest extent permissible under law. (b) Effective Date of Release. The releases contained in this Settlement Agreement shall be contingent upon and shall not be effective until the "Effective Date of Release" which shall be when both of the following occur: (i) the City and the Successor 5 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 196 of 269 Agency approve the final audit and any related reports at a public hearing; and (ii) the expiration of all applicable times, with no claims lumina been filed, to challenge the administration of the District and to challenge distributions or refunds under the PBID Law and/or to seek and initiate refund claims. Upon the occurrence of the Effective Date of Release and provided that the Department of Finance does not thereafter disapprove of the Settlement Agreement, the Parties shall mutually release one another from all obligations and liabilities with respect to the matters that were raised within the Litigation only. (c) Mutual Release and Discharge of Claims. Effective only upon the Effective Date of Release, defined above, and provided that the Department of Finance does not thereafter disapprove of the settlement, and except for the obligations of the Parties under the terms of this Settlement Agreement, the Parties separately by and for itself, each freely and without coercion, fully and forever releases, acquits and discharges each other party hereto and their attorneys, sureties, agents, servants. representatives, employees, members, Council Members, officers, trustees, subsidiaries, affiliates, partners, predecessors, successors -in -interest, heirs, executors and assigns, and all persons acting by, through. under or in concert with them, of and from any and all past, present, or future claims, demands, obligations, actions, causes of action, damages, costs, attorney's fees, losses of service, expenses, liabilities, suits. and compensation of any kind or nature whatsoever, whether based on tort, contract, or other theory of recovery, claimed by any of them which arise from or relate to facts or events occurring on or before the date of this Settlement Agreement with respect to the Litigation only. The Parties expressly acknowledge and agree that this release shall extend to any and all claims, whether judicial, administrative or otherwise, including, without limitation, claims made with any court, commission, tribunal, board or administrative body with jurisdiction to consider such claims related to the Litigation. This release expressly extends to and bars any and all complaints, actions and/or proceedings, whether judicial or administrative, actually instituted by the Parties, or which could be instituted by any of the Parties, with respect to the Litigation. Nothing in this 6 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 197 of 269 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Settlement Agreement shall be construed to mean that any of the Parties is or are waiving any rights to enforce this Settlement Agreement. (d) Waiver of California Civil Code Section 1542. (i) Effective only upon the Effective Date of Release, defined above, and provided that the Department of Finance does not thereafter disapprove of the Settlement Agreement, the release and discharge specified in Section 2(c), above, shall be effective to bar all claims, damages, claims for disability benefits, personal injuries, claims for compensation, controversies, actions, causes of action, obligations, liabilities, costs, expenses, attorneys' fees and damages of any character, nature and kind, whether known or unknown, suspected or unsuspected. In furtherance of this intention, the Parties and each of them expressly waives and relinquishes any and all rights and benefits conferred on them by the provisions of Section 1542 of the California Civil Code. (ii) The Parties understand that California Civil Code Section 1542 provides as follows: A general release does not extend to claims which a creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or het settlement with the debtor. (iii) It is expressly understood and agreed by the Parties that the possibility of unknown claims exists and has been explicitly taken into account in determining the consideration to be given for this Settlement Agreement and that a portion of the consideration, having been bargained for with full knowledge of the possibility of such unknown claims, was given in exchange for the release and discharge of the matters, claims and/or rights covered by this Settlement Agreement. (iv) The Parties agree that if either or any of them hereafter commences, joins in, or in any manner seeks relief through any suit arising out of, based upon, or relating to any of the settled claims released hereunder. then he/she/it shall pay to the other parties, in addition 7 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 198 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to any other damages caused to the other parties thereby, all attorneys' fees incurred by the other parties in defending or otherwise responding to said suit of settled claims. (v) This release shall not operate to release any claims the Parties may later have for the enforcement of the obligations created by this Settlement Agreement. (vi) The Court approving this settlement shall retain jurisdiction to enforce and interpret the terms of the settlement as necessary, as requested by either of the parties on an ex parte basis. 4. Representations and Warranties. (a) Representation of Comprehension. By entering into this Settlement Agreement, each party represents to the other that (i) each of them fully understands and accepts the terms of this Settlement Agreement; (ii) each of them has relied upon the legal advice of their attorneys or that they have freely and independently chosen not seek the advice of an attorney, (iii) each of them has had a full and ample opportunity to consult with any other professionals of their choice in connection with the rights and liabilities created by this Settlement Agreement; (iv) none of them has any questions with regard to the legal import of any term, word, phrase, or portion of this Settlement Agreement, or this Settlement Agreement in its entirety; and (v) each of there accepts the terms of this Settlement Agreement as written. (b) Representation of Approvals. (i) By the Successor Agency and the City. Except for the pending approval of the Settlement Agreement by the Successor Agency, Oversight Board, and Department of Finance. by entering into this Settlement Agreement, the Successor Agency and the City and the persons signing below on behalf of the Successor Agency and the City, each represents to Morgan Square that: (1) the persons signing below on behalf of the Successor Agency and the City are authorized to execute this Settlement Agreement on behalf of the Successor Agency and the City; and (2) this Settlement Agreement is binding on the Successor Agency and the City. 8 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 199 of 269 (ii) By Morgan Square. By entering into this Settlement Agreement, Morgan Square, and the person signing below on behalf of Morgan Square, each represents to the Successor Agency and City that: (1) this Settlement Agreement has been duly approved by all necessary board or member actions and no further or additional approvals are needed; (2) the person signing below on behalf of Morgan Square is authorized to execute this Settlement Agreement on behalf of Morgan Square; and (3) this Settlement Agreement is binding on Morgan Square. 5. Compromise. This Settlement Agreement is the result of a compromise and shall never at any time or for any purpose be considered an admission of liability or responsibility on the part of any party hereto, nor shall the payment of any sum of money in consideration for the execution of this Settlement Agreement constitute or be construed as an admission of any liability whatsoever by any of the Parties hereto. 6. General Provisions. (a) Attorneys' Fees. The Parties hereto acknowledge and agree that the Successor Agency and the City shall recover their reasonable attorneys' fees and costs in the reduced amount of $54,OO6.92, incurred from having to bring the Litigation resulting in this Settlement Agreement, including without limitation, the negotiation, drafting, and execution of this Settlement Agreement, and all matters connected therewith. The City shall be allowed to pay itself these fees from the funds turned over to it by Morgan Square, upon approval of the audit on or before June 30, 2016. In the event any action or proceeding is brought to enforce this Settlement Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and costs against the non -prevailing parties, in addition to all other relief to which that party or those parties may be entitled. The "prevailing party" shall be that party who obtains substantially the result sought, whether by further settlement. dismissal, or judgment. (b) Construction of Settlement Agreement. This Settlement Agreement is the product of negotiation and preparation by and among each party hereto and their respective 9 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 200 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 attorneys. Accordingly, all Parties hereto acknowledge and agree that this Settlement Agreement shall not be deemed prepared or drafted by one party or another, or the attorneys for one party or another, and this Settlement Agreement shall be construed accordingly. (c) Binding Effect. This Settlement Agreement shall be binding upon and inure to the benefit of the Parties hereto, and their respective heirs, executors, administrators, irustors, trustees, beneficiaries, predecessors, successors. assigns, partners, partnerships. parents, subsidiaries, affiliated and related entities, officers, directors, principals, agents, servants, employees, representatives, and all persons, firms, plaintiffs, defendants and/or persons or entities connected with each of them, including, without limitation, their insurers, sureties, attorney& consultants and experts. (d) Severability. If any provision or any part of any provision of this Settlement Agreement shall for any reason be held to be invalid, unenforceable or contrary to public policy or any law, then the remainder of this Settlement Agreement shall not be affected thereby and shall remain in full force and effect. (e) Entire Agreement. This Settlement Agreement contains the entire understanding among the Parties to this Settlement Agreement with regard to the Litigation. District and/or the District Funds, and is intended to be and is a final integration thereof. There are no representations, warranties, agreements, arrangements, undertakings, oral or written. between or among the Parties hereto relating to the terms and conditions of this Settlement Agreement that are not fully expressed herein. (i) Incorporation of Recitals. The Recitals to this Settlement Agreement are hereby incorporated into this Settlement Agreement by this reference. (g) Facsimile Signatures. Facsimile or electronically transmitted copies of signatures shall be acceptable and treated as original signatures. (h) Counterparts. This Settlement Agreement may be executed in counterparts and each executed counterpart shall be as effective as the original. I0 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 201 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (i) Further Assurances. All Parties agree to cooperate fully and execute any and all supplementary documents and take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. G) Time of the Essence. Time is of the essence for the full execution of this Settlement Agreement and implementation of each and every provision hereof. (k) Signatories' Representations and Warranties. Each signatory to this Settlement Agreement on behalf of any party does hereby personally represent and warrant that he or she has the authority to execute this Settlement Agreement on behalf of, and fully bind, each party whom such individual represents or purports to represent. (1) Waiver of Right to Collaterally Attack or Set Aside Settlement Agreement. The Parties hereby waive all rights of appeal, motions for new trial, motions for judgments notwithstanding the verdict, motions to set aside a judgment of dismissal, if any, and any and all other direct and/or collateral attacks on this Settlement Agreement. This Settlement Agreement is and shall be a full adjudication, settlement and resolution of all claims and defenses in the Litigation as of the date of this Settlement Agreement; and, except for the covenants expressly provided in this Settlement Agreement, this Settlement Agreement discharges all claims and defenses presented by the Litigation. This Agreement shall bind successors. heirs and assigns of all of the Parties. (m) Covenant Not to Sue. The Parties covenant and agree never to commence. aid. or in any way or in any manner prosecute against each other any legal action or proceeding based upon the matters released and settled in this Settlement Agreement and/or to commence any legal action or proceeding based upon any other claim, demand, cause of action, obligations. damage or liability arising out of or related to the matters settled, released and compromised in this Settlement Agreement. This covenant does not extend to any legal action or proceeding brought for the purpose of enforcing this Settlement Agreement. 11 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 202 of 269 2 3 4 5 6 7 e 9 I0 11 12 13 I4 IS 16 I 19 19 20 21 22 23 24 25 26 27 20 7. The Parties agree that this settlement is entered into in good faith and request the court to issue an order finding the settlement to have been in good faith and barring any action by any third parties concerning this good faith settlement and the matters that were raised or that could have been raised in this litigation, under the provisions of Code of Civil Procedure section B77.6. TN WITNESS WHEREOF, the Parties hereto have caused this Settlement Agreement to be executed as of the date first written above. CffY: The City` =tie I City, a municipal co . • •ration By: Print Name: Ron I4orrison Its: Mayor Dated: March 9 , 2016 SUCCESSOR AGENCY: The Successor Agency to the Community Development Commission as the National City Redevelo;Z,• . Agency By: Print Name: Rnr� Mnrfl ort Its: Chairman Dated: ITrh 9 , 2016 MORGAN SQUARE: Mjc.. a California nonprofit corporation $Y� Print del, -- Dated: mcLr C , e , 20T6 , President 12 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 203 of 269 2 3 4 5 6 7 8 9 to It 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 78 APPROVED AS TO FORM AND CONTENT IIASKINS & SOCIATE, APC I I/1 Dated: Dated: O 1 5 /ill CHRIST Dated: , 2016 By: ,2016 By: Steve Has ' , Esq. Attorne • ndants Morgan Square Inc., a California non-profit corporation and National Ci organ Square, Inc. CITY . 2016 By: Clay : ' ilva. Esq. Attorney Plaintiffs City of National City and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency t Charles B. Christensen, Esq. Joel B. Mason, Esq. Attorneys for Plaintiffs City of National City and the Successor Agency to the Community Development Commission as the National City Redevelopment Agency ORDER Based upon the foregoing stipulation for settlement and good cause appearing therefore, the Court hereby APPROVES the Parties Stipulation for Settlement and Good Faith Settlement Agreement; IT IS ORDERED THAT: 1. ALL FUNDS IN THE POSSESSION OF DEFENDANTS [IN THE AMOUNT OF $256,589.00 ] BE TURNED OVER TO THE CITY UPON THE APPROVAL OF THE SETTLEMENT BY THE DEPARTMENT OF FINANCE; 2. THE CITY BE ALLOWED TO REIMBURSE ITSELF FOR THE PAYMENT OF ITS ATTORNEY'S FEES IN THE AMOUNT OF $54,006.92, 13 Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 204 of 269 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. UPON THE PAYMENT OF ALL FUNDS TO THE CITY THAT THE PRELIMINARY INJUNCTION ISSUED IN THIS CASE BE AND IS HEREBY DISSOLVED; AND 4. THE COURT HEREBY RETAINS JURISDICTION TO ENFORCE THE SETTLEMENT AND THE ORDERS OF THE COURT; 5. EACH OF THE PARTIES ARE HEREBY ORDERED TO PERFORM ALL ACTS AGREED TO BY THE RESPECTIVE PARTIES WITHIN THE TIME CONSTRAINTS REFERRED TO IN THE SETTLEMENT. IT 1S SO ORDERED. Dated: 312616 14 Hon. Gregory W. Pollack JUDGE OF THE SUPERIOR COURT Stipulation for Settlement and (Proposed) Order Approving Good Faith Settlement 205 of 269 DECLARATION OF DITAS YANIANE 1. DITAS YAMANE, declare and state as follows: 1. 1 am the bookkeeper of Defendant Morgan Square. Inc. in the above -captioned (natter. In my position I have firsthand knowledge of the activity and expenses on Defendant Morgan Square, Inc. s accounts and funds. The fbllowing declarations are ofnly own personal knowledge and if sworn as a witness, I could competently testify thereto. 2. I have reviewed the pertinent records of the Defendant Morgan Square, Inc. accounts and funds, in particular pertinent to the status and activity of the Business Improvement District account funds at issue in the above -captioned litigation. I have also reviewed the Transmittal Letter dated July 31, 2014, from Leonard C. Sonnenberg, CPA. and its attachments and enclosures, including the Morgan Square, Inc. Audited Financial Statements, dated June 30. 2014, and the Independent Auditor's Report dated July 31, 2014, a true and correct copy of which is attached hereto as Exhibit 1. 3. I hereby certify that there has been no activity related to or expenses paid from the pertinent Defendant Morgan Square, Inc., accounts since the audit reflected by the aforementioned Transmittal Letter and attachments and enclosures from Mr. Leonard C. Sonnenberg, CPA. I declare under penalty of perjury under tile laws atilt:. State of California that the foregoing is true and correct. Dated this ern day ofJune 2016. at National City, California. DITAS YAMANE 206 of 269 IYIORGAN SQUARE, INC. July 3.1, 2014 Sonennberg & Company, CPAs 5190 Governor Dr. Suite'201 San Diego, CA 92122 This representation letter is provided in connection with your audit of the fmancial statements of Morgan Square, Inc, which comprise the statements of net assets as of June 30, 2014, and the related statements of activities -cash basis for the 6 1/2 years then ended, and the related notes to the financial statements, for the purpose of expressing an opinion as to whether the financial statements are presented fairly, in all material respects, in accordance with the cash basis of accounting. Certain representations in this letter are described as being Limited to matters that are material. Items are considered material, regardless of size, if they involve an omission or misstatement of accounting information that, in light of surrounding circumstances, makes it probable that the judgment of a reasonable person relying on the information would be changed or influenced by the omission or misstatement. An omission or misstatement that is monetarily small in amount could be considered material as a result of qualitative factors. We confirm,to the best of our knowledge and belief, as of July 31, 2014, the following representations made to you during your audit. Financial Statements • We have fulfilled our responsibilities, as set out in the terms of the audit engagement letter dated February 19, 2014 including our responsibility for the preparation and fair presentation ofthe financial statements. • The financial statements referred to above are fairly presented in conformity with cash basis of accounting. • We acknowledge our responsibility for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. • We acknowledge our responsibility for the design, implementation, and maintenance of internal control to prevent and detect fraud.. • Significant assumptions we used in making accounting estimates, including those measured at fair value, are reasonable. • Related party relationships and transactions have been appropriately accounted for and disclosed in accordance with the requirements of cash basis accounting. • All events subsequent to the date of the financial statements and for which cash basis accounting requires adjustment or disclosure have been adjusted or disclosed. • The effects of uncorrected misstatements are immaterial, both individually and in the aggregate, to the financial statements .as a whole. A list of the uncorrected misstatements is attached to the representation letter. • The effects of all known actual or possible litigation, claims, and assessments have been accounted for and disclosed in accordance with cash basis accounting • Material concentrations have been appropriately disclosed in accordance with cash basis. • Guarantees, whether written or oral, under which the organization is contingently liable, have been properly recorded or disclosed in accordance with cask basis accounting. Information Provided • We have provided you with: o Access to all information, of which we are aware, that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, and other matters. 207 of 269 o Additional information that you have requested from us for the purpose of the audit. o Unrestricted access to persons within the entity from whom you determined it necessary to obtain audit evidence. • All material transactions have been recorded in the accounting records and are reflected in the financial statements. • We have disclosed to you the results of our assessment of the risk that the financial statements may be materially misstated as a result of fraud. o We have no knowledge of any fraud or suspected fraud that affects the organization and involves: o tvlanagement, o Employees who have significant roles in internal control, or o Others where the fraud could have a material effect on the financial statements. • We have no knowledge of any allegations of fraud or suspected fraud affecting the organization's financial statements communicated by employees, former employees, grantors, regulators, or others. ■ We have no knowledge of any instances of noncompliance or suspected noncompliance with laws and regulations whose effects should be considered when preparing financial statements. • We are aware of any pending or threatened litigation, claims, or assessments or unasserted claims or assessments that are required to be accrued or disclosed in the financial statements in accordance with the cash basis of accounting, and we have consulted a lawyer concerning such litigation, claims, or assessments. • We have disclosed to you the identity of the organization's related parties and all the related party relationships and transactions of which we are aware. • The organization has satisfactory title to all owned assets, and there are no liens or encumbrances on such assets nor has any asset been pledged as collateral. • We are responsible for compliance with the laws, regulations, and provisions of contracts and grant agreements applicable to es; and we have identified • and disclosed to you all laws, regulations and provisions of contracts and grant agreements that we believe have a direct and material effect an the determination of financial statement amounts or other financial data significant to the audit objectives. Morgan Square, Inc. is an exempt organization under Section 501(oX6) of the Internal Revenue Code. Any activities of which we are aware that would jeopardize the Organization's tax-exempt status, and all activities subject to tax onunrelated business income or excise or other tax, have been disclosed to you. All required filings with tax authorities are up-to-date. • We acknowledge our responsibility for presenting the schedule of functional expenses and the schedule of temporarily restricted net assets in accordance with cash basis and we believe the schedules, including its form and content, is fairly presented in accordance with cash basis. The methods of measurement and presentation of the schedules have not changed from those used in the prior period, -and we have disclosed to you any significant assumptions or interpretations underlying the measurement and presentation of the supplementary information. • We understand that as part of the audit, the auditor o Analyzed andlor updated the temporarily restricted revenue accounts, o Prepared certain adjusting entries based on these analyses and schedules. o We have reviewed the schedules and entries provided by the auditor. We understand and approve the entries prepared by the auditor. • No events have occurred subsequent to the statement of financial position dateand through the date of this letter that would require adjustment to, or disclosure in, the financiaents. 208 of 269 rionnenbergl & Company CPA + AUDTT + TAEEB R@68AVL sTUDDSB� Sonnenberg & Company, CPAs A Professional Corporation 5190 Governor Drive, Suite 201, San Diego, California 92122 Phone: (858) 457-5252 • (800) 464-4HOA • Fax: (858) 457-2211 • (800) 303-4FAX Sonnenberg & Company 40 `` YEARS r�zwcTTc� si Leonard C. Sonnenberg, CPA Morgan Square, Inc. Audited Financial Statements June 30, 2014 TABLE OF CONTENTS Page No. Independent Auditor's Report 1-2 Financial Statements Statement of Assets and Net Assets — Cash Basis 3 Statement of Revenue and Expenses — Cash Basis 4 Statement of Functional Expenses — Cash Basis 5 Notes to the Financial Statements 6-8 Supplementary Information Schedule of Payments Received from City of National City And Deposited to Morgan Square Bank Accounts 9 Schedule of Cash Transactions 10-14 Member: The American Institute of Certified Public Accountants and California Society of Certified Public Accountants 209 of 269 'Sonnenberg' & Company CPA AIIDITB • TAMS RB9SRVR BT WW Sonnenberg & Company, CPAs A Professional Corporation 5190 Governor Drive, Suite 201, San Diego, California 92122 Phone: (858) 457-5252 • (800) 464-4HOA • Fax: (858) 457-2211 • (800) 308-4FAX onnenber 1 & Company 40 YEARS IN FRACTICS Leonard C. Sonnenberg, CPA INDEPENDENT AUDITOR'S REPORT To the Board of Directors Morgan Square, Inc. We have audited the accompanying fmancial statements of Morgan Square, Inc. (a nonprofit organization), which comprise the statement of assets and net assets —cash basis as of June 30, 2014, and the related statement of revenue and expenses —cash basis for the 6 '/a year period from January 1, 2008 through June 30, 2014, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with the cash basis of accounting as described in Note 2; this includes determining that the cash basis of accounting is an acceptable basis for the preparation of the financial statements in the circumstances. Management is also responsible for the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audit. We conducted our audit in accordance with U.S. generally accepted auditing standards. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial -statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the fmancial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 1 Member: The American Institute of Certified Public Accountants A rl California Society of Certified Public Accountants 210of269 Morgan Square, Inc. Opinion Independent Auditor's Report Page 2 of 2 In our opinion, the financial statements referred to above present fairly, in all material respects, the assets and net assets — cash basis of Morgan Square, Inc. as of June 30, 2014, and its revenue and expenses — cash basis for the b'lz year period then ended in accordance with the cash basis of accounting as described in Note 2. Basis of Accounting We draw attention to Note 2 of the financial statements, which describes the basis of accounting. The financial statements are prepared on the cash basis of accounting, which is a basis of accounting other than U.S. generally accepted accounting principles. Our opinion is not modified with respect to that matter. Other Matter Our audit was conducted for the purpose of forming an opinion on the financial statements as a whole. The schedules of 1) City of National City Payments Received and Deposited to Morgan Square Bank Accounts on page 9 and 2) Cash Transactions on pages 10 to 14 are presented for purposes of additional analysis and are not a required part of the financial statements. Such information is the responsibility of management and was derived from and relates directly to the underlying accounting and other records used to prepare the financial statements. The information has been subjected to the auditing procedures applied in the audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with U.S. generally accepted auditing standards. In our opinion, the information is fairly stated in all material respects in relation to the financial statements as a whole, Going Concern The District currently has no source of revenues, and the ultimate disposition of funds on hand has not been determined. July 31, 2014 Sonnenberg & Company, CPAs 2 211 of 269 Morgan Square, Inc. STATEMENT OF ASSETS AND NET ASSETS - CASH BASIS June 30, 2014 With Comparative Totals for January 1, 2008 June 30, 2014 Jan, 1, 2008 ASSETS: Cash - Union Bank (Operating) $ 32,116 21,455 CD - First Future / Cal Coast 102,836 MM - Pacific Western Bk 28 MM - USA Fed CU 3,014 MM - USA Fed CU 5 105 MM - USA Fed CU 218 50,766 MM - Seacoast Commerce Bk 129,633 MM - Seacoast Commerce Bk 81,224 MM - Seacoast Commerce Bk 10,351 TOTAL ASSETS NET ASSETS: Unrestricted TOTAL NET ASSETS $ 256,589 $ 175,162 $ 256,589 $ 175,162 256,589 $ 175,162 The Accompanying Notes are an Integral Part of the Financial Statements 3 212 of 269 Morgan Square, Inc. STATEMENT OF REVENUE AND EXPENSES - CASH BASIS For the 6 and 1/2 Years Ended June 30, 2014 Revenue: City of National City - Assessments $ 492,338 Interest Income 16,454 Total revenue 508,792 Expenses: Program Services 339,312 Supporting Services 88,053 Total expenses 427,365 Change in net assets Net assets, beginning of period Net assets, end of period $ 81,427 175,162 $ 256,589 The Accompanying Notes are an Integral Part of the Financial Statements 4 213 of 269 Morgan Square, Inc. STATEMENT OF FUNCTIONAL EXPENSES - CASH BASIS For the 6 and 1/2 Years Ended June 30, 2014 Expenses: Arbitration - AAA Audit - Sonnenberg - 2007 Bank charges, fees, etc. Consulting - Inzunza Consulting - Marza Insurance - Hartford - D&O Legal - Haskins Maintenance - Rodriguez Maintenance - Plaza Mgmt Maintenance - Urban Corp SD Lighting - Universal Management - Yamane National City Foundation Program - Miscellaneous Sculpture - Becker Stone/Tile - Valencia Total Expenses Program Support Total Services Services Expenses $ $ 2,538 $ 2,538 3,600 3,600 760 760 15,200 15,200 6,000 6,000 3,500 3,500 25,856 25,856 251,500 251,500 17,250 17,250 54,165 54,165 4,060 4,060 30,600 30,600 2,000 2,000 2,337 2,337 5,000 5,000 3,000 3,000 $ 339,312 $ 88,053 $ 427,365 The Accompanying Notes are an Integral part of the Financial Statements 5 214 of 269 Morgan Square, Inc. Notes to Financial Statements For Years Ended June 30, 2014 Note 1. Organization and Nature of Activities The Morgan Square, Inc. (the District, also known as "Morgan Square District" or National City Downtown Property Business Improvement District") was incorporated on December 13, 2004 as a non-profit public benefit corporation. The District operated under an agreement with the Community Development Commission of the City of National City, CA. The District includes 153 parcels representing 96 property owners. Operations began, essentially, in May 2005 with the initial receipt of assessment revenues (See Note 4). The primary objectives and purposes of this corporation are to bring about the revitalization of the District and its surrounds in the City of National City and to bring about the increased economic well-being of residents, employees, and businesses within the District. In addition, the District strives to promote business improvements and economic development within the District through activities which contribute to the neighborhood and well-being of the Morgan Square Community. Morgan Square, Inc. is led by a group of significant, small and long-time business and property owners, who pay special assessments in the District. The members of the Board of Directors are composed of four officers and up to nine members who are all business -owners and/or property owners within the District. Morgan Square's activities ensure maintenance including litter control, illegal dump removal, graffiti control, sidewalk safety hazard monitoring, lighting service, tree maintenance, and security. Most of these services were provided under contracts with Ezekiel Rodriguez Maintenance and with Urban Corps of San Diego County. Income Taxes Morgan Square, Inc. is exempt from federal and state income taxes under Section 501(c)(6) of the Internal Revenue Code and section 23701(e) of the California Revenue and Taxation Code. Accordingly, no provision for income taxes is included in the accompanying financial statements. Management is not aware of any uncertain income tax positions that might jeopardize its tax status. Note 2. Summary of Significant Accounting Policies Basis of Presentation Morgan Square's financial statements have been prepared on the cash basis of accounting. Use of Estimates The preparation of financial statements in conformity with U.S. generally accepted accounting principles requires management to make estimates and assumptions that affect reported amounts of assets, liabilities, revenues, and expenses as of the dates and for the periods presented. 6 215 of 269 Morgan Square, Inc. Notes to Financial Statements For the 6 '/z Years Ended June 30, 2014 Note 2. Summary of Significant Accounting Policies (continued) Cash and cash equivalents Morgan Square considers all highly liquid invesli'lents available for current use with an initial maturity of three months or less to be cash equivalents. Accounts Receivable Accounts receivable are receivables from governmental agencies. Morgan Square has no accounts receivable as of June 30, 2014. Concentration of Credit Risk The primary revenue consists of assessments received from the City of National City. Concentration of credit risks with respect to revenue are limited, as the majority of Morgan Square's revenues consist of fees from contracts granted by the City of National City. Date of Management Review Morgan Square's management has evaluated subsequent events through July 31, 2014, the date the financial statements were available to be issued. Management is not aware of any subsequent events that would require adjustment to, or disclosures in, the financial statements. Note 3. Assessment Revenue The District's income is derived from property tax assessed on properties within the District. The assessment year is July 1 through June 30 of each year. Morgan Square received $492,338.46 during the period from January 1, 2008 through April 10, 2010. Thereafter, all assessment payments ceased. Note 4. Commitments and Contingencies Morgan Square's contract with the former Community Development Commission is subject to inspection and audit by the appropriate agencies. No provisions for the possible disallowance of program costs have been reflected on its financial statements. 7 216 of 269 Morgan Square, Inc. Notes to Financial Statements For the 6'A Years Ended June 30, 2014 Note 5. Litigation Nature of the Litigation: San Diego Superior Court Case No. 37-2013-00054606-CU-OR-CTL was filed by the City of National City against Morgan Square, Inc. on June 25, 2013. The case seeks to obtain all funds held by Morgan Square to be distributed according to the City's interpretation of the State law concerning leftover funds under the control of such Districts upon the end of the their authorized term of operation. Progress of the Matter: The matter is pending. A status conference is scheduled for August 8, 2014, before Judge Prager of the Central Division of the San Diego Superior Court. Evaluation of the Outcome: An evaluation of an unfavorable outcome and an estimate of potential loss cannot be made as of the date of this report. Note 6. Unpaid Liabilities Morgan Square has certain unrecorded liabilities, which have not been included in the accompanying cash -basis financial statements, as follows. Attorney Fees and expenses — Haskins & Associates $ 16,764.95 Audit Fees - Sonnenberg & Company, CPAs, APC 10,000.00 Directors & Officers Insurance — The Hartford 530.00 Total Unpaid Liabilities $ 27,294.95 Total Cash and Equivalents as of June 30, 2014 $256,589.27 Remaining Balance $229,294.32 8 217 of 269 Morgan Square, Inc. Schedule of Payments Received from City of National City and Deposited to Morgan Square Bank Accounts January 1, 2008 through April 10, 2010 Year Payments USA CU Union Bk Pac West 2008 38,676.51 38,676.51 66,697.28 66,697.28 5,187.46 5,187.46 4,220.12 4,220.12 6,951.35 6,951.35 69,822.87 69,822.87 404.80 404.80 23,182.73 23,182.73 2009 126,701.85 126,701.85 5,722.28 5,617.52 2,116.93 91,021.34 43,015.04 2,642.48 2010 357.90 357.90 5,722.28 5,617.52 2,116.93 91,021.34 43, 015.04 2,642.48 Totals 492,338.46 105,373.79 236,829.08 150,135.59 See Auditor's Report 9 218 of 269 Morgan Square, Inc. Jan 2008 - June 30, 2014 Audltor:LCS 07/31/14 CASH TRANSACTIONS Beg Bal Deposit # Trans -In Interest # Trans -Out Expense End Bal Union Bk 21,455.03 238,829.08 180,109.17 - 406,277.68 32,115.60 FirstFut/Cal Coast 102,835.59 - 4,521.82 107,357.41 - - PacWest 2052 7,734.45 107,357.41 74.92 115,164.78 2.00 - PacWest 2458 5,722.28 414,336.15 142.04 420,000.00 172.00 28.47 PacWest CD's - 150,000.00 1,211.83 151,211.83 - PacWest CD's 136,678.86 51,408.88 1,371.80 189,459,54 0.00 Neighb 0980 - 338,396.12 326.03 335,707.82 3,014.33 Neighb 5080 - 251,050.66 2,306.40 253,357.06 Neighb CDs 50,000.00 1,414.27 51,408.88 5.39 USA Sav 1 Navy 105.00 105,373.79 200.04 105,678.83 0.00 USA 6351 Navy - 83,642.14 75.51 83,500.00 217.65 USA CD 6689 43,633.84 - 1,859.85 45,493.69 - USA CD 6690 7,132.42 - 337.20 7,469.62 0.00 Sec Bk 2652 250,000.00 1,151.09 251,151.09 Sec Bk 5435 120,000.00 75.05 120,047.80 27.25 - Seacoast 2509 129,144.00 489.37 - - 129,633.37 Seacoast 2312 - 230,357.06 896.64 150,000.00 30.00 81,223.70 Seacoast 9715 - 10,350.76 - - 10,350.76 AttyTrustalc 150,000.00 - 129,144.00 20,856.00 - Totals 175,161.88 492,338.46 2,516,152.35 16,453.86 2,516,152.35 427:364.93 256,589.27 Total NC -> 492,338.46 TB Union Bk Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal 2007 21,455.03 21,455.03 508 21,455.03 18 25,000.00 48,455.03 NC 308 46,455.03 5,187.46 51,642.49 NC 508 51,642.49 6,951.35 58,593.84 NC 608 58,593.84 69,822.87 128,416.71 NC 708 128,416.71 404.80 128,821.51 NC 708 128,821.51 4,220.12 133,041.63 NC 708 133,041.63 23,182.73 150,618.10 5,606.26 5,606.26 5,606.26 fr USA S 35 109 5,606.26 16 25,000.00 30,606.26 NC 109 30,606.26 126,701,85 157,308.11 209 157,308.11 103,738.13 53,569.98 NC 410 53,569.98 357.90 53,927.88 misc 410 53,927.88 10.50 53,938.38 1210 53,938.38 53,938.38 fr Sec Pac Bk 911 53,938.38 10 15,000.00 68,938.38 911 68,938.38 67,675.68 1,262.70 2012 1,262.70 1,262.70 fr Sec Pac Bk 112 1,262.70 19 109.17 1,371.87 fr Neigh Bk 212 1,371.87 34 20,000.00 21,371.87 fr Neigh Bk 812 21,371.87 17 9,000.00 30,371.87 fr Neigh Bk 1212 30,371.87 17 6,000.00 36,371.87 1212 36,371.87 33,930.00 2,441.87 1212 2,441.87 10.00 2,451.87 misc 2013 2,451.87 50.00 2,501.87 113 2,501.87 11 36,000.00 38,501.87 413 38,501.87 11 44,000.00 82,501.87 82,501.87 50,386.27 32,115.60 1213 32,115.60 32,115.60 314 32,115.60 32,115.60 614 32,115.60 32,115.60 Subtotal 21,455.03 236,899.58 180,109.17 406,348.18 32,115.60 reclass refunds (70,50) (70.50) Totals 21,455.03 236,829.08 180,109.17 - 406,277.68 32,115.60 # Note: Numbers indicate transfers in and transfers out See Auditor's Report 10 219 of 269 Morgan Square, Inc. Jan 2008 - June 30, 2014 Auditor:LCS 07/31/14 CASH TRANSACTIONS FirstFutlCal Coas Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal to PW 2052 1207 102,835.59 307 102,835.59 1,222.34 607 104,057.93 1,016.93 907 105,074.86 655.54 1207 105,730.40 644.52 308 106,374.92 611.02 508 106,985.94 371.47 1 107,357.41 (0.00) Totals 102,835.59 4,521.82 107,357.41 102,835,59 104,057.93 105,074.86 105,730.40 106,374.92 106,985.94 (0.00) (0.00) PacWest 2052 Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal 508 509 7,734.45 7,734.45 Fr FF-CalCoast 509 7,734.45 1 107,357.41 115,091.86 609 115,091.86 41.55 115,133.41 to CD 2305 609 115,133.41 2 100,000.00 15,133.41 1209 15,133.41 17.91 15,151.32 610 15,151.32 15.46 2.00 15,164.78 to PW 2458 610 15,164.78 4 15,164.78 0.00 0.00 0.00 Totals 7,734.45 107,357.41 74.92 115,164.78 2.00 PacWest 2458 Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal 509 - NC 509 5,722.28 31 58,600.00 5.00 64,217.28 to CD 2306 509 64,217.28 3 50,000.00 14,217.28 1209 14,217.28 14,217.28 fr 2305 710 14,217.28 5 100,840.96 115,058.24 fr 2308 710 115,058.24 6 50,370.87 165,429.11 fr 2052 710 165,429.11 4 15,164.78 7.30 180,601.19 180,601.19 18.55 2.00 180,617.74 CD 2485 710 180,617.74 7 50,364.67 230,982.41 CD 2486 710 230,982.41 8 50,364.67 281,347.08 CD 2487 710 281,347.08 9 88,730.20 370,077.28 370,077.28 57.88 370,135.16 To Sec 810 370,135.16 58.31 32 120,000.00 6.00 250,187.47 To Sec 810 250,187.47 33 250,000.00 75.00 112.47 1210 112.47 84.00 28.47 614 28.47 28.47 Totals - 5,722.28 414,336.15 142.04 420,000.00 172.00 28.47 PacWest CD's Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal CD 2305 609 2 100,000.00 481.39 to Pac West 710 359.57 5 100,840.96 CD 2306 609 3 50,000.00 215.98 to Pac West 710 154.89 6 50,370.87 - Totals - 15-6,000.00 1,211.83 151,211.83 PacWest CD's Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal CD 2485 709 50,000.00 123.29 to Pac West 710 241.38 7 50,364.67 CD 2486 709 50,000.00 123.29 to Pac West 710 241.38 8 50,364.67 CD 2487 709 36,678.86 31 51,408.88 217.20 to Pac West 710 425.26 9 88,730.20 Totals 136,678.86 51,408.88 1 L371.80 189,459.54 # Note: Numbers indicate transfers in and transfers out 11 220 of 269 Morgan Square, Inc. Jan 2008 - June 30, 2014 CASH TRANSACTIONS Neighb 0980 fr Sec Pac 5435 1211 - 1211 105,039.06 to Union Bk 812 105,054.89 to Union Bk 1212 96,054.89 1212 90,054.89 to Union Bk 113 90,310.87 to Union Bk 413 54,310.87 fr Neigh 5080 413 10,310.87 to Seacoast 413 243,716.69 to Seacoast 413 13,360.09 Date Beg Bal Deposit Trans -In Interest Auditor:t.CS 07/31/14 Trans -Out Expense End Bal Neighb 5080 fr Sec Pac 2652 to Union Bk to Neigh 0980 Neighb CDs 1213 3,009.79 314 3,010.59 614 3,012.45 Totals 16 105,039.06 15.83 255.98 17 9,000.00 17 6,000.00 11 11 36,000.00 44,000.00 12 233,357.06 48.76 0.46 23 230,357.06 0.46 23 10,350.76 0.80 1.86 1.88 338,396.12 326.03 335,707.82 105,039.06 105,054.89 96,054.89 90,054.89 90,310.87 54,310.87 10,310.87 243,716.69 13,360.09 3,009.79 3,010.59 3,012.45 3,014.33 3,014.33 Pate Beg Bal Deposit 1211 212 251,164.17 1212 231,164.17 232,935.49 232,935.49 413 233,357.06 Totals Trans -in Interest Trans -Out Expense End Bat 22 251,050.66 113.51 1,771.32 421.57 251,050.66 2,306.40 34 20,000.00 12 233,357.06 253,357.06 251,164.17 231,164.17 232,935.49 232,935.49 233,357.06 0.00 0.00 Pate Beg Bal Deposit 708 50,000.00 709 50,685.79 1210 1211 5.39 614 5.39 Totals Trans -In Interest 30 50,000.00 685.79 723.09 31 5.39 Trans -Out Expense End Bal 50,000.00 50,685.79 51,408.88 5.39 5.39 5.39 50,000.00 1,414.27 51,408.88 5.39 USA Sav / Navy Date Beg Bal NC NC to USA S35 to Union Bk To Neigh CD Deposit Trans -In Interest Trans -Out Expense End Bal 1207 105.00 108 105.00 38,676.51 208 38,785.35 66,697.28 308 105,511.22 408 105,551.44 708 105,590.37 708 74,911.54 708 50,000.00 Totals 105.00 105,373.79 3.84 28.59 40.22 38.93 21 88.46 18 30 200.04 30,678.83 25,000.00 50,000.00 105,678.83 105.00 38,785.35 105,511.22 105,551.44 105,590.37 74,911.54 50,000.00 0.00 USA S351 Navy Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal fr USA Sav 708 - 208 30,678.83 to Union Bk 109 30,736.73 fr USA Sav 309 5,736.73 fr USA Sav 309 5,748.38 fr USA Sav 309 13,206.35 fr USA Sav 309 13,287.91 309 58,700.04 to Pac West CD 409 58,714.42 1209 214.42 1210 215.18 614 217.38 Totals 21 30,678.83 15 15 14 14 11.65 7,457.97 81.56 45,412.13 83,642.14 57.90 16 25,000.00 14.38 31 58,500.00 0.76 2.20 0.27 75.51 83,500.00 30,678.83 30,736.73 5,736.73 5,748.38 13,206.35 13,287.91 58,700.04 58,714.42 214.42 215.18 217.38 217.65 217.65 # Note: Numbers indicate transfers in and transfers out 12 221 of 269 Morgan Square, Inc. Jan 2008 - June 30, 2014 Auditor:LCS 07/31/14 CASH TRANSACTIONS USA CD 6689 Date Beg Bel Deposit Trans -In Interest Trans -Out Expense End Bal 2007 43,633.84 43,633.84 808 43,633.84 993.17 44,627.01 708 44,627.01 253.45 44,880.46 309 44,880.46 323.18 45,203.64 to USA S35 309 45,203.64 290.05 14 81.56 45,412.13 to USA S35 309 45,412.13 14 45,412.13 Totals 43,633.84 1,859.85 45,493.69 • USA CD 6690 Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal 1207 7,132.42 7,132.42 608 7,132.42 196.93 7,329.35 908 7,329.35 41.30 7,370.65 1208 7,370.65 53.08 7,423.73 309 7,423.73 45.89 7,469.62 to USA S35 309 7,469,62 15 11.65 7,457.97 to USA S35 309 7,457.97 15 7,457.97 0.00 0.00 0.00 Totals 7,132.42 337.20 7,469.62 0.00 Sec Bk 2652 Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal Fr PacWest 2458 810 33 250,000.00 250,000.00 810 250,000.00 406.07 250,406.07 1210 250,406.07 745.02 251,151.09 to Neigh 1211 251,151.09 22 251,050.66 100.43 to Union bk 1211 100.43 19 100.43 (0.00) (0.00) (0.00) Totals 250,000.00 1,151.09 251,151.09 Sec Bk 5435 Dag Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bat 1207 808 Fr PacWest 2458 810 - 810 120,000.00 1210 119,972.75 to Union bk 911 119,994.28 1211 104,994.28 to Neigh 0980 1211 105,047.80 to Union bk 112 8.74 0.00 0.00 Totals 32 120,000.00 120,000.00 27.25 119,972.75 21.53 119,994.28 10 15,000.00 104,994.28 53.52 105,047.80 16 105,039.06 8.74 19 8.74 0.00 0.00 0.00 120,000.00 75.05 120,047.80 27.25 # Note: Numbers indicate transfers in and transfers out 13 222 of 269 Morgan Square, Inc. Jan 2008 - June 30, 2014 Audltor:LCS 07/31/14 CASH TRANSACTIONS Seacoast2509 Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal 1207 - frfHaskins Tr 1013 21 129,144.00 129,144.00 1213 129,144.00 144.97 129,288.97 314 129,288.97 182.90 129,471.87 414 129,471.87 53.22 129,525.09 614 129,525.09 108.28 129,633.37 Totals 129,144.00 489.37 129,633.37 Seacoast 2312 Date fr Neigh 0980 to Haskins Trust Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bat 413 513 230,426.81 613 230,593.22 713 230,754.37 813 230,921.01 813 230,954.44 913 80,954.44 1213 80,980.64 314 81,062.75 414 81,142.74 614 81,169.42 23 230,357.06 69.75 166.41 161.15 166.64 63.43 26.20 82.11 79.99 26.68 54.28 20 150,000.00 230,426.81 230,593.22 230,754.37 230,921.01 30.00 230,954.44 80,954.44 80,980.64 81,062.75 81,142.74 81,169.42 81,223.70 Totals 230,357.06 896.64 150,000.00 30.00 81,223.70 Seacoast 9715 Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal fr Neigh 0980 413 - 23 10,350.76 10,350.76 1213 10,350.76 10,350.76 10,350.76 10,350.76 614 10,350.76 10,350.76 Totals 10,350.76 - 10,350.76 Atty Trust a/c Date Beg Bal Deposit Trans -In Interest Trans -Out Expense End Bal to Haskins Trust 813 - Legal Expense 1013 20,856.00 Totals 20 150,000.00 21 129,144.00 20,856.00 20,856.00 - # Note: Numbers indicate transfers in and transfers out 150,000.00 129,144.00 20,856.00 See Auditor's Report 14 223 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 224 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to execute Earmark Repurposing sheets for submittal to SANDAG to repurpose Federal earmarked SAFETEA-LU funds in the amount of $611,931 from the I-805 sound walls 224 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the City Manager to execute Earmark Repurposing sheets for submittal to SANDAL to repurpose Federal earmarked SAFETEA- LU funds in the amount of $611,931 from the l-805 sound walls project to local roadway rehabilitation projects; and 2) committing to a 20% local match in the amount of $152,983 using local Prop A TransNet funds, as required for repurposing. PREPARED BY' Kuna Muthusamy, Asst. Director of Eng/PW DEPARTMENT: Engineering/Public Works PHONE: (619) 336-4383 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: t4 A Finance APPROVED: MIS Local match is available through prior City Council appropriations to Fund 307 (Prop A TransNet) expenditure accounts for roadway improvement projects. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution authorizing the City Manager to execute Earmark Repurposing sheets to repurpose Federal earmarked SAFETEA-LU funds in the amount of $611,931 from the 1-805 sound walls project to local roadway rehabilitation projects and committing to a 20% local match in the amount of $152,983. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Earmark Repurposing sheets 2. Background documents 225 of 269 Explanation: On February 20, 2007, City Council adopted Resolution No. 2007-23 approving an amendment to SANDAG's Regional Transportation Improvement Program (RTIP) to include $680,000 in Federal SAFETEA-LU funds for the installation of sound walls along the east side of 1-805 between Plaza Boulevard and E. 4th Street. Due to Federal limits on obligation authority, the amount available was reduced to $611,931. The Federal funding was earmarked by U.S. Congress based on a recommendation from former Congressman Bob Filner. A copy of the Council Resolution and staff report is attached for reference. Unfortunately, Congress incorrectly programmed the funds for construction of sound walls at the 1-805 I SR-54 interchange, rather than for the east side of 1-805, north of Plaza Boulevard, as originally proposed by National City. Staff sent several letters to former Congressman Filner's Office requesting that U.S. Congress approve a statutory amendment to change the legislative description of the project and reprogram funding for the correct location, as required by the Federal Highway Administration (FHWA). After years of petitioning, this item never made it onto the U.S. Congress agenda for consideration. In June 2011, Caltrans approved the Final Environmental Impact Report / Environmental Assessment with Finding of No Significant Impact for the 1-805 Managed Lanes South Project. Based on noise studies conducted as part of the EIR, sound walls were recommended for construction along the east side of 1-805 between Plaza Boulevard and Division Street (see attached exhibits from the Final EIR). On March 8, 2016, FHWA issued guidance on the implementation of Earmark repurposing provisions contained in the 2016 Consolidated Appropriation Act. The repurposed funds may be obligated on a new or existing project in the State within 50 miles of the earmark designation. In speaking with SANDAG staff, the National City sound wall project may qualify for repurposing. The decision to allow for repurposing will ultimately lie with FHWA, based on recommendations from SANDAG and Caltrans. Since Congress will not take action on changing the legislative description for the 1-805 sound walls project, and Caltrans may construct the sound walls as part of a later phase of the 1-805 Managed Lanes South Project (funding dependent), Engineering staff is recommending repurposing these funds for local roadway rehabilitation projects in National City. Therefore, staff is requesting that City Council authorize the City Manager to execute the attached Earmark Repurposing sheets for submittal to SANDAG. In order to qualify for repurposing, the City will need to commit to a 20% local match in the amount of $152,983. Funding is available through prior City Council appropriations to Fund 307 (Prop A TransNef) expenditure accounts for roadway improvement projects. 226 of 269 Sg_TEOFCAI1 NIr-CJ,[ iFPRt` ,5 STATE TRANSPORTATION AGLNCY FI,M:'NPG- BROWN Jr., Gavrn1 r DEPARTMENT OF TRANSPORTATION DIVISION OF LOCAL ASSISTANCE P,©. BOX 942874. MS-1 SACRAMENTO, CA 94274.4001 PHONE (916)654-1776 FAX (916) 653.1905 TTY 711 www.dot. ca.gov April 18, 2016. To: CITIES AND COUNTIES IN CALIFORNIA METROPOLITAN PLANNING ORGANIZATIONS REGIONAL TRANSPORTATION PLANNING AGENCIES RE: EARMARK REPURPOSE Dear Transportation Partners: Serious Drr ght Serious drought. Help save water! The purpose of this letter is to proNide you information on the implementation of earmark repurposing by the California Department of Transportation (Caltrans), On March S, 2016, the Federal Highway Administration (FHWA) issued guidance on the implementation of earmark repurposing provisions contained in the 2016 FY Appropriation Act, along with lists of earmark projects that are potentially eligible for the repurposing. The earmark repurposing provides us an opportunity to use some unused federal earmark funds on other transportation projects that face funding shortfalls due to a recent decline in the State's transportation revenues. It is the goal of Caltrans and all its transportation partners that we take full advantage of this opportunity and maximi 'e the use of repurposed earmark funds. Earmark Projects Eligible for ReDurnose: To be eligible for repurpose, an earmark project must have been earmarked more than 10 years ago, and o Be Less than 10 percent obligated or o The project has been completed and closed if more than 10% earmark funds obligated. Funding Amount Potentially Available for Repurpose is Substantially Less Than Expected: The initial release of earmark project Iists by FHWA generated great interest among transportation partners because they gave the impression that close to $600 million would be available for repurposing. Upon further review, the amount of funding potentially available for repurpose is substantially less, in the range of $110 million to $200 million, as explained below. ' Provide a safe, sustainable. integrated and efficient transportation system to enhance California's econonry and livability" 227 of 269 2016 Earmark Repurpose April 18, 2016 Page 2 Unobliated Balance vs. Available Obligation Authority the amount of actual funding available for repurpose is limited by the amount. of Obligation Authority (OA), not the Unobligated Balance, as was provided by FHWA. For example, a project earmarked for $1,000,000 typically receives about $900,000 of OA, or about 9C%. If all $900,000 have been obligated on the projcct, leaving $0 OA, then there will be $0 available for repurposing, even though $100,000 in earmark funds remains "unobligated." In fact, over 200 earmark projects on the list of "more than 10% obligated" have $0 OA. The Unobligated Balances on these $0 OA earmark projects total more than $200 million! If you find one or more of your earmarks to be these $0 OA projects, you can assume that your projects will not be repurposed. Not all earmark projects with positive OA are eltiblefor repurpose—Earmarks with more than 10% obligated have to be closed to be eligible for repurpose. Afer checking the project status in the Caltrans and FIIWA project databases, only a small percentage of these "greater than 10% obligated" projects has been closed. The amount of funding available for repurposing is only about $25 million. This amount is expected to go up over the next few weeks if more earmark projects come in for final invoice payment and closeout. It may be somewhat disappointing to realize the amount of funding available for repurposing is substantially less than anticipated. Still, $110 million - $200 million of earmark funds potentially eligible for repurpose are a significant amount of much needed funding. Our goal should be to repurpose as much as possible to take advantage of this opportunity to put some "stale" earmark funds to use to help advance ready -to -go projects. Important Dead Ines: Deadline for submitting final invoices to close out earmark projects - To allow enough time for final invoice processing and closeout, final report of expenditure (FOE) and invoices will need to be submitted to Caltrans by May 30, 2016. Deadline for repurpose - This opportunity to repurpose earmark projects is available only this federal Fiscal Year. The deadline for Caltrans to submit repurpose requests to FHWA is September 12, 2016. To meet this FHWA deadline and allow Caltrans processing, the deadline for local/regional agencies to subrnit requests to Caltrans is August 1, 2016. Deadline for obligation of repurposed funds - Once earmark funds are repurposed, they are available for obligation until September of 2019. Over the next few weeks, regional agencies will work with earmark project sponsors to identify which earmarks will be repurposed and which will continue as originally earmarked with justification. The results of this effort will be a better defined list of earmarks to repurpose and a more realistic finding amount available for repurposing. "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy arvd livability" 228 of 269 2016 Earmark Repurpose April 18, 2016 Page 3 Eligible use of Reuurnosed Funds: To be eligible to use the repurposed earmark funds, a project will need to: Be eligible for Surface Transportation Block Grant Program (STBGP, formerly known as STP) Be within 50 miles of the original earmark project(s) Over the next cot.ple of months, Caltrans will work with the regional and local agencies in developing candidate projects to use the repurposed earmark funds. To help implement the earmark repurposing process, Caltrans has convened an earmark repurposing workgroup that includes members representing regional transportation planning agencies (RTPAs), cities, counties, FHWA, and the CTC. The workgroup will meet regularly to discuss repurposing related matters. Additional information and lists of earmark projects are posted on the Caltrans Local Assistance website e_t: http://www.dot.ca.aovihq/LocalPrograms/Earmark/indexItm. Sincerely, RAY 7.WWANG Chief Division of Local Assistance "Provide a safe. sustainable, integrated and efficient transporration system to enhance Cal farnra's econuney and fisalritdty" 229 of 269 Earmark Repurposing -act Shest Proposed Sponsor: Implementing Agency: Location (City/County/etc): • Limits (A to BfVarious): 1 Type of Work: Its this an existing Federally Programmed Project? Phase(s) of Work to Utilize Repurposed Funds: Repurposed Earmark Projects (Source Project: CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF NATIONAL CITY CITY OF NATIONAL CITY ROAD REHABILITATION YES TIP ID: PE NO this proposed Con YES R/W NO Nil NO of Funds for protect) Demo ID # Legislative Reimbursement Rate Program Code Remaining OA Balance to be repurposed to the proposed project 100% OA being utilized? Distance to Proposed Project (Mlles) CA444 80.00% LY10 $611,931.34 YES 25.0 * Add additional lines as necessary Approval: ' l certify that the information is accurate and correct. The repurposed earmark project is less than 10%obligated or final vouchered and ' closed. The proposed project is STBGP eligible, is within 50 miles of the original earmark description, will be obligated on or before September 30, 2019, and meets all requirements of Earmark Repurposing Local Sponsor Agency: City of National City Leslie Deese, City Manager Agency Name Signature/Date RTPA Representative Authorized to Commit Repurposing: Agency Name Signature/Date DLAE Concurrence: Name Signature/Date • 230 of 269 Earmark Repu po&&ng RIT-'14 Programminginformation Project Schedule and Funding Schedule Date (mm/yy) Project Study Report Approved 05/17 Begin Environmental Phase 06/17 Circulate Draft Environmental Document 12/17 Draft Project Report 06/17 End Environmental Phase 12/17 'Begin Design Phase 06/17 End Design Phase 03/18 !Begin Right -of -Way Phase 01/18 !End Right -of -Way Phase 03/18 Begin Construction Phase fl7/18 End Construction Phase 12/18 (Begin Closeout Phase 01/19 IEnd Closeout Phase 06/19 Preliminary Engineering * Add additional lines as necessary Fund Source Amount Planned Federal Fiscal Year Authorizing Agency Date Approved TOTAL: $0 Right -of -Way * Add additional lines as necessary Fund Source Amount Planned Federal Fiscal Year Authorizin g Agency Date Approved TOTAL: $0 Construction/Non-Infrastructure * Add additional fines as necessary Fund Source Amount Planned Federal Fiscal Year Authorizing Agency Date Approved Repurpcsed Earmark $611,931 2017 FHWA Local $152,983 2017 CITY OF NATIONAL CITY TBD TOTAL: $764,914 231 of 269 RESOLUTION NO. 2007 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO SANDAG'S REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RIP) TO INCLUDE NEW FUNDING FOR THE INSTALLATION OF SOUND -WALLS ALONG THE EAST SiDE OF 1-805, NORTH OF PLAZA BOULEVARD WHEREAS, a noise study for the east side of 1-805, north of Plaza Boulevard was prepared In 2002, and submitted to the State of California for competitive funding consideration. .California Department of Transportation staff conducted a flc.>,ld review and obtained preliminary noise readings; and WHEREAS, based upon the findings of the study and field review, the east side of the northbound 1-805 freeway between Plaza Boulevard and East 4th Street was found to be a potential site for noise pollution mitigation; and WHEREAS, on February 1, 2005, the City requested funds through Congressman Bob Filner's office to obtain funds for the redesign and construction for sound - wail improvements; and WHEREAS, on April 21, 2006, Congress authorized awarding the City of National City $880,000 to construct sound -walls along the east side of 1-805, north of Plaza Boulevard; and WHEREAS, in order to secure the funds, and before SANDAG takes action, the City is required to approve an amendment to SANDAG's current Regional Transportation Improvement Program (RTIP) to include new funding for the installation of sound -walls on the east side of i-805, north of Plaza Boulevard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of +Natioridi City hereby approves an amendment to SANDAG's current Regional Transportation Improvement Program to include new funding for the installation of sound -wails on the east side of I.805, north of Plaza Boulevard, PASSED and ADOPTED this 20th day of Februaryp07, ATTEST: MichelR. Della, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Ron Morrison, Mayor 232 of 269 Passed and adopted by the Councii of the City of National City, California, on February 20, 2007 by the following vote, to -wit: Ayes: Counciimembers Morrison, Natividad, Parra, Ungab, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full. true and correct copy of RESOLUTION NO. 2007-23 of the City of National City, California, passed and adopted by the Councii of said City on February 20, 2007. le" City City o of the National City, California Cl rk By: Deputy 233 of 269 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATEFebxuary 20, 2007 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of National City adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to include a new funding for installation of sound -walls along the east side of 1-805, north of Plaza Boulevard PREPARED BY Din Daneshfar EX ' LANATION DEPARTMENT Engineering EXT.4387 See attached explanation Environmental Review X NIA MIS Approval Financial Statement Approved By: The allocated funds will be programmed for project design and construction work. Finance Director Account No. STAFF RECOMMENDATION Adopt the Resolution.--)Lj BOARD /COMMISSION RECOMMENDATION N/A ATTACHMENTS r. Listed Below ) Reaafutiore No. i . Resolution 2. Quarterly RTIP Amendment Notification 3. Completed SANDAG's Table 1 ,s‘..__ J ao (Rev. gyros A-2) 234 of 269 RE: Resolution of the City Council of National City adopting an amendment to the Regional Transportation Improvement Program (RTIP) of SANDAG to include a new funding for Installation of sound -walls along the east side of 1- 805, north of Plaza Boulevard Background A noise study was prepared in 2002 and submitted to the State of California for competitive funding consideration. California Department of Transportation staff conducted a field review and obtained preliminary noise readings, Based upon the findings of the study and field review, the east side of 1-805 freeway (along northbound) between Plaza Boulevard and ,en Street, in National City was found to be a potential site for noise pollution mitigation, The project will primarily benefit properties that are located along east side of I- 805 freeway in National City. The property owners in this area have expressed concerns about the high level of noise due to the freeway traffic. Request for Funds On February 1, 2005, the City requested funds through Congressman Bob Filner's office to obtain funds for the design and construction of the sound wail improvements, Authorization/Award of Funds On April 21, 2006, Congress through Congressman Bob Filner's office authorized awarding of $680,000 to the City of National City to construct sound -wails (approximately 1000 feet long with variable height) along the east side of I-805, north of Plaza Boulevard, SANDAG's Allocation Process RT1P Amendment; in order to secure the funds the City is required to request an amendment to current Regional Transportation improvement Program (RTiP) approved by the City Council before SANDAG takes action. On January 29, 2006, the City of National City. received a quarterly amendment notification (attached) from SANDAG for the next RTIP Amendment scheduled for the April 20, 2007 Transportation Committee meeting. We have already submitted an electronic request form (attached) to SANDAG to amend the RTIP through Projecttrack, Funds Obligation: According to San Diego Association of Governments (SANDAG) limits on Obligation Authority may reduce the amount we actually get reimbursed by about 12 to 15%. The City may need to program focal match funds on 80% federal and 20% local basis. 235 of 269 Request for adoption of the Amendment The purpose of this agenda item is to request the City Council to adopt the proposed amendment to the existing RIP to include the new funding through Congress for the installation of sound -walls on east side of 1-805, north of Plaza Boulevard. il 2 236 of 269 • 401 Suet, Suite 800 San Diego, Cst 92)01.4131 f6; 9) 699-1900 Fax (6)9i 699.1905 wvflncsandag.wy ,vu,,rm2 g-+in s j orx+s or farflOad Cnu1n Kira Corprado rl(w hear f f Calm Fntnrras FKondado rmpotbr Heath to r,S�bd i terwri Cam. tharionatCiry Qes. PWwwp aFgro Sao Mdrecs Santee 5a'arz,i Hodrh 14nra and Copnv n:' SaR Utelo ADtasORYMEM6fR5 rmpef i Con,• ory Cagartki Deparrrncrrr of rfamspgrrar+on hiet+Opo,tac A'orth County rommr; altai:r rm:red Scares noparrr-!e it of tk+fpns? • San ae<; ulifro5 t1x; D mc1 San Ck- o Cowry irlaTer Au howa• 5aatliem(o;irvnta h. rtio,K Chst!in n s Ats�;aikry Mexico January 29, 2006 File Number 4000600 TO: RTIP Contacts FROM: Sookyung Kim. SUBJECT: Quarterly Amendment Notification This memo is to provide notification for the ,next Regional- Transportation - Improvement Program (RTIP) Amendment scheduled for .the April 20;-•2007;: Transportation Committee meeting. Below is the schedule for Amendment No. 4: - Project amendments due via ProjectTrak 2/20/07 SANDAG issues 30-day public notice 2128/07 Signed Council/Board resolution due 13130/07 — Note that agencies are required to have project amendments approved by its, governing body before SANDAG takes action. These due dates are final; no late submittals will be accepted. if SANDAG does• not • have the . proper documentation that the projects were approved by .its governing body, .the projects will not be included in the amendment. Detailed schedule For FY 20.07 is available on the RTIP Web site (www.sandaa,org12006RTIP), - An information memo also vvill be sent to SANDAG Board members. If you have any question, please contact me at (619) 699-6909 or ski@sandag.org. SKilais cc: City M a n a g e r s1C A O 237 of 269 Table 1 2006 Regional Transportation Improvement Program DRAFT -Amendment No. 04 San Diego Region (in $000s) National city, Cltyof MPO ID: NC10 Capacity Status: NCI RTJP # O3-34 1 TITLE: 1-80S Noise Barriers (Soundwall) DESCRIPTION: Along east side of 1-805 (northbound) between Plaza Boulevard and 4th Street - Last's11. Soundwall CHANGE REASON: New project HPP Local Funds TOTAL S680 $170 TOTAL, $360 PRIOR 06107 07108 06/09 09/10 10/11 $120 $560 $30 $140 $160 $700 Page 1 PE RW CON $120 $560 S30 $140 $150 $700 Wedresdey, February 7, 2007 238 of 269 6910 6C . \ ' u �>4 OIVISICH atLit Ith \ 1 STREET *IN ST Sth STREET STREET Ith STREET L I} 7 ST. Imm MOP moial 11 L_ �J ='J 6411 7th ST. HMI L 101 ST 7th ST Rh fl th SIRED �• ►, ? i iI ilk #„ II 1I IFFTTID i T/th TTRMT uto. 0111 1e! 4.: : mlo REVISED LOCATION MAP NOISE BARRIER INSTALLATION ALONG 1-805 :CAM NOS.. BOB FILNER 5.'• ST D15TRJCT: CAL[F0R?wt[A VETERANS' AFFAIRS COMM111rh RANKING A{E318EH TRANSPORTATION AND INFRASTRUCTURE COMM11 [ tE AVIATION :::CNIVAY AND TRANS.•i Wnrnt RESDURE,S AND E Y:43Nh1ENT a:UNION:IC I1F:41iti N':": Nr. PUBLIC e utu,INUS. AND IStIFJRCE'nCY M. LV.1GEM r CONGRESS OF THE UNITED STATES HOUSE Oxi E 7 Zt S' N A. J YES The Honorable Victor M. Mendez Administrator IJ.S. Department of Transportation Federal Highway Administration 1200 New Jersey Avenue, SE Washington, DC 20590 Dear Administrator Mendez: February 22, 2012 2428 RAY3U. N HaUSE OFFICE BULLY:I'CI WASHINGTON. DC 20515 TEL,' (292)225-2(t45 FAX: (2(:2) 225-9]73 333 F S rReer, S111-18 A CHULA VISTA, CALIFORNIA 91910 TEL (519)422-5963 FAX: (619) 422- 7290 1101 A:%.PoRr ROAD, SLIT D IMPERIAL, CALIFGR.:IAS2251 TEL: ?CO)(355-Sw30 FAX: (760) 355 8'72 website: r;w.a.)oLt..�,e:rtiira; I write regarding funding authorized in SAk E 1 EA-LU (P.L. 109-59) for National City to construct sound walls along I-805 in my Congressional District. As you may know, SAFETEA-LU High Priority Project 1307 authorized $680,000 to "construct sound barriers at the I-805/SR54 interchange, National City." However, the original project description should have read "construct sound walls along the east side of 1-805 (northbound) between Plaza Blvd and 4`11 Street, National City." Since passage of SAFETEA-LU, National City has been unable to utilize the funds because of the technical wording error. Therefore, I write to urge the Federal Highway Administration (FHWA) to approve the use of HPP 1307 funds to "construct sound walls along the east side of 1-805 (northbound) between Plaza Blvd and 4th Street, National City." The project and funding was amended into the San Diego Association of Government's (SANDAL) Regional Transportation Improvement Program (RTIP) and was approved by the State of California Department of Transportation (Caltrans) on April 27, 2007 (see attached letter from Caltrans and RTIP project sheet). Thank you in advance for your consideration of my ruest. BF/sw Enclosures 2605666 $0.513 FILNER Member of Congress PRIVTEO ON RECYCLED PAPER 240 of 269 RECEIVED MAR 2 72012 BOB FILNER SIST DISTRICT, CALIFORNIA VETERANS' AFFAIRS COMMITTEE. RANKEMC MEMBER TRANSPORTATION AND INFRASTRUCTURE COMMITTEE AVIATION iGGHwAv AND T5[ k M v WATER RESOURCES AND ENVIRON-M NT ECONOMIC DEVEWPMF.NT, PUBLIC Bt1L ! OS, ANo EUERc$NLY MAXAQE.KIENT CONGRESS OF THE UNITED STATES HOUSE OF REPRESENTATIVES Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Dear Leslie: March 21, 2012 2428 RAYBURN HOUSE OFFICE. BUILDING nASHINGTON, DC 20515 TEL.- (202) 225-8045 FAx:(202)225-9073 333 F STREET, Surrs A CHULA VISTA, CALIFORNIA 9I910 TEL:(6i9)422-5963 FAX: (619) 422-7290 1IQi AIRPORT ROAD, SUITED IMPERIAL, CALIFORNIA92251 TEL: (760)355-8800 FAX: j760} 355-8802 website: www.hDusagovifilner I write to follow-up on National City's request regarding SAFETEA-LU High Priority Project (HPP) 1307. As expected, the Federal Highway Administration (FHWA) has informed me that the funds can only be used for the project listed in SAFETEA-LU. Enclosed is a copy of the FHWA response indicating that any project changes require new legislation. Unfortunately, at the beginning of the 112`h Congress, the new House Leadership announced that all earrnarks are prohibited. The earmark ban includes technical corrections to prior earrnarks. I am opposed to this policy because it prevents me from helping local communities with projects. I am sorry that my letter does not bring better news. r will keep this project in mind should the ban on earmarks be lifted. BF/sw Enclo sure 2607944 LNER ember of Congress PRIP{TF IN RFr;Yra cn PAPER 241 of 269 Li& Deportment of Icrtsportaiim Federal Highway Administration The Honorable Bob Filner U.S. House of Representatives Washington, DC 20515 Dear Congressman Filner: Office of the Administrator 1200 New Jersey Ave.. SE Washington, D.C. 205B0 March 9, 2012 In Reply Refer To: HIPA Thank you for your letter about funds earmarked by the Safe. Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) for a noise wall in National City along 1-805. The funds must be used for a project and purpose that matches the statutory description of the project in SAFETEA-LU: Construct sound barriers at the I-845/SR 54 Interchange, National City. We made the funds available as directed by SAFETEA-LU for the construction of sound barriers at the interchange. You indicated that National City officials have been unable to use the SAFETEA-LU funding and would like to use it to construct sound walls along 1-805 between Plaza Boulevard and Fourth Street. However, the Federal Highway Administration must carry out the statutory provision as written. A statutory amendment would be required to reprogram the funds to construct the noise wails at this location. Officials of the California Department of Transportation can best discuss alternative funding options for the project. If I can provide further information or assistance, please feel free to call me. Sincerely, Victor M. Mendez Administrator 242 of 269 Bea Meet toe area he jhaweal • L'95ge(Option1) '_;, ' `: .•�' rsrt,- S647 (Option 1 LOW Street ImprwePMM (By Othea) Outside Lillie Wide eaig Gnaclerg Lsm&La (OuhP Bridge Wdunn�Roptecemem Wagged end H1YJTm Lane BhoeIor_�• Right -of -my way Ener nq Well �-+-� Wall Bremen Exising Browse% Propaaed &eeemle Local Sheei knprowement EAenaged and HOVfTremd Lanes Outsee Hemline ShoulderWderwrg Psr10-ardndn7Tmrert Shdren Ramp Realignment "—• Recommended Bouhdwwll (St R.OMA ShwMer Widening Ramming Wall h10 r Feet Alec: 06107111 ,4 Proposed Temporary Swarm,rn Proposed Acquilatron Area Ehwt.term Wass Measurement Lang -tot, mono Meewremont 010 Wow Receptors OR) • Repeated Permanent Easement Traffic maae Model Cal timbal Bee Major (Project Features - Budd Alternative 1 I-RO5 MANAGED LANES SOUTH PROJECT Figure 1-5L 243 of 269 Local Sheet lmprwement(By Othere0 RA Wtsde Lana Widening Gradng Limits(Cut/Fit OM Bridge WrdeningJRaplaoement Managed and H04ftrenart Lane Shedder —Y R9hti'6l' Y _ Emma Wail F Local Sheet hnprrvemeni Maneged ere! HOVJrrened Lanes 1-1 WeilDNnlan i Olrkrdg, Mellinh. J er Widening Perk.®sid-ndelraried SWUM nil Etaetel9&oaivele Ramp Raelrgrimenl e—. Recommended Scurdwatl (S) 1. ravaged Bietwale so Ref hp Shnulder Widening a--- Rebinding ing Well Zoo Dale: 61:061:1 ti lift • 5597 iOatlart 1) Promoted Temporary EarnmlM Proposed Acquieltion Area Short -toted Na6e Mee urernent +? Laeg,terrn Noise Meerurement 4$3 Nave Recaptat5 @if Propeeed Permanent Easement ° Traflle Nave Model Callbrxhon Srt. d w. fir•' 602 (Optltm 11) Major Project Features - Build Alternative 1 I-105 MANAGED LANES SOUTH PROJECT Figure 1-5M 244 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National authorizing the appropriation of $3,000 in the Trash Rate Stabilization M&O account #172-416-225-299-0000 for contract services from Trash Rate Stabilization Fund fund balance to be used for tire recycling services. PREPARED BY. Stephen Manganiello PHONE: 619-336-4382 EXPLANATION In an effort to keep our streets and alleys clean of debris, Public Works staff has requested funding to pay for tire recycling services, which will allow PW crews to drop off tires collected from illegal dumping in City streets and alleys to tire recycling centers. DEPARTMENT: Engineering/Public Works APPROVED BY: Fund balance is available in Fund 172 — Trash Rate Stabilization Fund. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Transfer $3,000 from Fund 172 Fund Balance to M&O expenditure account #172-416-225-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution appropriating $3,000 in the Trash Rate Stabilization !VI&O account #172-416-225-299-0000 for contract services from Trash Rate Stabilization Fund fund balance to be used for tire recycling services. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS: 1. Resolution 245 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 246 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit 8th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 29, 2016 from 10 a.m. to 3 p.m. at 2400 E. 4th Street with no waiver of fees. (Neighborhood Services) 246 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — 8th Annual Health & Wellness Fair hosted by Paradise Valley Hospital and The Southbay Times on October 29, 2016 from 10 a.m. to 3 p.m. at 2400 E. 4th Street with no waiver of fees. I PREPARED BY: Dionisia Trejo PHONE: (e 19) 336-4255 EXPLANATION: DEPARTMENT: Neighbor •od$entices Department APPROVED BY: This is a request from The Southbay Times, in conjunction with Paradise VaII: * spite!, to conduct a Health & Wellness Fair at the Paradise Valley Hospital employee parking grounds (corner of E. 8th and Euclid Avenue) on October 29, 2016 from 10 a.m. to 3 p.m. This event will feature free flu shots, glucose testing, diabetes and cholesterol checks, and blood pressure testing. Local restaurants will participate with food specialties. This event is free to all residents, businesses and guests. Paradise Valley Hospital will provide security and a First Aid booth will be provided by the Philippine Nurses Association. There will be sufficient parking for all guests to park on the Hospital grounds. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee of $237.00 for processing the TUP through the various City departments, and $200.00 for Fire fees. Total fees are $437.00 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: 'Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. BOARD / COMMISSION RECOMMENDATION: [N/A FINAL ADOPTION: ATTACHMENTS: 'Application for a Temporary Use Permit with recommended approvals and conditions of approval. 247 of 269 EVENT F-NFO M TI T pe of Event: Public Concert ElFair Ofestival [ Community event Parade ©Demonstration {Circus ❑B1ock Party p Motion Picture ©Grand Opening 1}Other Event Title: 8th Annual National City Heaith & Wellness Fair Event Location: Paradise Valley Hospital Event Date(s): From 10129/16 to 10/29/16 Actual Event Hours: 10:00 AM to 3:00 PM Total Anticipated Attendance: 250 ( 150 Participants 100 Spectators) Setup/assembly/construction Date: 10/28 Start time: 3:00 PM Please describe the scope of your setup/assembly work (specific details): assemble staging - set up canopies - etc. Dismantle Date: 10/29 Completion Time: 4pm PM List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. NONE, Sponsoring Organization: Paradise Valley Hospital !The Southbay Tim% Chief Officer of Organization (Name) Ditas Yamane Applicant (Name): 8th Annual NC Health & Wellness Fair Address: 140 AN_16th Street National City, CA 91950 Daytime Phone: 619-474-5300 Evening Phone: 6197-5300 Fax: 619- 474-6888 E-Mail ditasyamane@cox.net Contact Person on site" day of the event: Ditas Yamane Cellular: 619-921-5125 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS 248 of 269 fgesipROCEEDS/REPORTING Is your organization a "Tax Exempt, nonprofit" organization? 1=IYESTINO Are admission, entry, vendor or participant fees required? Li YESLNO If YES, please explain the purpose and provide amount(s): Admission - FREE Vendor/Exhibitor Fee to cover cost of the event. $ 3000 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 2500 Estimated Expenses for this event. $ 500 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Health & Wellness Program. FREE tfu shot (while supply last) to members of our community. FREE health & wellness services. FREE health & wellness information. To promote health & wellness for a happy and healthy community! nYES [INC If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: Na. [YES[1NO Does the event involve the sale or use of alcoholic beverages? �YESLJNO Will items or services be sold at the event? If yes, please describe: 249 of 269 .OVERALL LiVENT DL C JPTJQ--N constanEii ❑YES I, NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain'your route. EYES E] NO Does the event involve a fixed venue site? If YES. attach a detailed site map showing all streets impacted by the event. ;YES ONO Does the event involve the use of tents or canopies? if YES: Number of tent/canopies 50 Sizes mew Log Lo (lo X2.d NOTE: A separate Fire Department permit is required for tents or canopies. YES[7NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: H Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas. Please describe how food will be served at the event: Paradise Valley Hospital Nutrition Center. If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Fl Portable and/or Permanent Toilet Facilities Number of portable toilets; 2StIM (i for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # 50 and Chairs # 150 Fencing, barriers and/or barricades 1 Generator locations and/or source of electricity ,/ Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures — Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers 1 Other related event components not covered above Trash containers and durnpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: 24 Trash containers with lids: 4 Describe your plan for clean-up and removal of waste and garbage during and after the event: Clean up after the event - removal of waste and garbage during and after the event by volunteers and hospital custodians. 250 of 269 SAFET / EC I / a E IMLITY Please describe your procedures for both Crowd Control and Internal Security: PVH Security personnel and Event Volunteers to provide for crowd control and internal security. }PESO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Paradise Valley Hospital Security Organization Address: 2900 Euclid Avenue National City, CA 91950 Security Director (Name): Phone: LIYES[1NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Day Tme Event. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. Paradise Valley Hospital and the Philippine Nurses Association will be providing First Aid & Equipment. Health & Human Services Agency and the Center for Health Promotion will be providing equipment. Please describe your Accessibility Plan for access at your event by individuals with disabilities: PVH has ADA compliance for access by individuals with disabilities. Please provide a detailed description of your PARKING plan: PVH has ample parting plan during the event. Please describe your plan for DISABLED PARKING: PVH parking lot provides for disabled parking. Please describe your plans to notify ail residents, businesses and churches impacted by the event: Flyerinc, poster, newspapers, and social media networking and advertising. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. 251 of 269 EMT= t TJ LNM t. T/ATTRA TIOWS : AND RELATED EVENT ACTIVITIES: . ®YESLJNO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: 1 Number of Bands: 1 Type of Music: family oriented. ✓� YES E1NO Will sound amplification be used? If YES, please indicate: Start time' 9:30am Am Finish Tme 3:OQpm PM YES NO WM sound checks be conducted prior to the event? If YES, please indicate: Start time: 9:30am AM Finish Time 3:00 PM Please describe the sound equipment that will be used for your event: DJ DYES!:NO Fireworks, rockets, or other pyrotechnics? If YES, please describe: None. YESr]NO Any signs, banners, decorations, special lighting? If YES, please describe: Banners ; Balloons; Posters 252 of 269 City of i at crJ! Cott' PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit_ Organization Paradise Valley Hospital / The Southbay Times Person in Charge of Activity Ditas Yamane Address 140 W 16th Street National City, CA 91950 Telephone (619) 474-5300 Date(s) of Use 10/29/2016 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, Liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the perrnittee or its agents, employees or contractors. Signature Fipplicapt Official Title Date Far Office Use Orgy Certificate of Insurance Approved Date 10/29/16 253 of 269 anuany pn arlj 8th Annual National City Health It Wellness Fair! Saturday, OCTOBER 29, 2016 • 10AM - 3PM Paradise Valley Hospital - Employee Parking Lot (comers of E. 8th Street Et Euclid Avenue) National City, CA 91950 • " -" --• • r I 1 I • I II Ics • )nl .1 r i 7 .-`1/4 • i - I.( f•s • I * t • SLIDE /JUMPER ; • , • • ' . -" • • East 8th Street FOOT • • • 254 of 269 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Paradise Valley Hospital( The Southbay Times EVENT: 8th Annual National City Health & Wellness Fair DATE OF EVENT: October 29, 2016 APPROVALS: COMMUNITY SERVICES YES [ ] NO [ x ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ ] NO [ x ] SEE CONDITIONS [ ] FINANCE YES [ ] NO [ x ] SEE CONDITIONS [ ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES Engineering Applicant shall fill out the Pre -Event Storm Water Compliance Checklist prior to date of event and submit the completed form. The Parks Division will fill out the post event form, and not the applicant. Planning Speakers shall be faced away from residential areas. POLICE (619) 336-4400 This event takes place in the hospital's parking lot. There have been no traffic issues associated with this event in the past. In addition, the hospital plans to staff security for this event, which is reasonable for the size of this event. The National City Police Department will have the day time patrol officers extra patrol this area. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. 255 of 269 RISK MANAGER • Provide a valid copy of the Certificate of Insurance wherein the City of National City, its officials, agents and employees are named as an additional insured by way of an endorsement. • The insurance policy must have incorporated into it a hold harmless and indemnification agreement. • The insurance policy must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) for each occurrence and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4397 • Name, address and contact information for the broker providing this insurance policy must be on the face of the Certificate of Insurance. FIRE (619) 336-4550 THIS EVENT WILL REQUIRE AN AFTER HOUR FIRE INSPECTION AT A COST OF $200.00 Stipulations required by the Fire Department for this event are as follows: 1) Access to the street to be maintained at all times, to both entrances and Fire Department connections for fire sprinkler systems, standpipes, etc. 2) Fire Department access into and through the booth/tent areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 13 feet 6 inches 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 256 of 269 6) Provide a 2A:10BC fire extinguisher at stage. Extinguisher to be mounted in a visible location between 3'/2'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 7) All cooking booths or areas to have one 2A:10BC. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. All fire extinguishers to have a current State Fire Marshal Tag attached. Extinguishers shall be mounted in conspicuous area inside tent or canopy. Piease see attached example. Note: TUP states that food will be served at the event. However, nothing has been selected as how the food will be cooked on page 3 of the TUP. 8) If Charcoal is being used, provide metal cans with lids and label "HOT COALS ONLY' for used charcoal disposal. 9) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 10) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of two hundred ($200.00) dollars. 11) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 12) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above stated areas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet "State Fire Marsha! approval for cooking. Canopies: Tents: 0 -- 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 0 —200 sf - $200.00 201 — (+) sf - $400.00 257 of 269 13) First Aid will be provided by organization. 14) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides. 258 of 269 CC/CDC-HA Agenda 8/2/2016 — Page 259 The following page(s) contain the backup material for Agenda Item: League of California Cities Annual Conference - Designation of Voting Delegate and Alternate(s). (City Manager) 259 of 269 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 2, 2016 AGENDA ITEM NO. ITEM TITLE: League of California Cities Annual Conference — Designation of Voting Delegate and Alternate(s) PREPARED BY: Leslie Deese, City Manager DEPARTMENT: City Mana er PHONE: 619-336-4240 APPROVED BY: cz2t„rL. EXPLANATION: See attached Staff Report FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS If approved by Council, the travel costs and registration fees associated with this meeting would be charged to the appointed City Council members' training funds included in the FY 2016-17 preliminary budget. ENVIRONMENTAL REVIEW: 1N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2016 League of California Cities Annual Conference. BOARD 1 COMMISSION RECOMMENDATION: INAA ATTACHMENTS: 1. Staff Report 2. League of California Cities' information dated June 10, 2016 260 of 269 261 of 269 Title: League of California Cities Annual Conference — Designation of Voting Delegate and Alternates) The League of California Cities 2016 Annual Conference is scheduled for October 5 — 7 in Long Beach. An important part of the Annual Conference is the Annual Business Meeting scheduled for noon on Friday, October 7 at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order for cities to cast a vote during the Business Meeting, each city's respective Council must designate a voting delegate. In the instance that the selected voting delegate is unable to serve in that capacity, the League of California Cities' bylaws afford each city the opportunity to appoint up to two alternate voting delegates. According to the League's bylaws, the selection of the voting delegate and alternates must be performed through the official action of the City Council. Furthermore, the voting delegate and alternates must be registered to attend the conference. Eligible individuals who may be selected as the City's voting delegate include the Mayor, each City Council member, as well as any other City official selected by the City Council to serve in this capacity. At this time, Staff respectfully requests the City Council consider appointing a voting delegate and one or two alternate voting delegates to vote on the City's behalf at the Annual Business Meeting of the League of California Cities on October 7, 2016. Staff Recommendation: Staff respectfully requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2016 League of California Cities Annual Conference. Fiscal Impact: The travel costs and registration fees associated with this meeting will be charged to the appointed City Council members training funds included in the 2016-17 preliminary budget. 262 of 269 263 of 269 1400 K STREET SACRAMEVTO, CA 95814 Ex: (916) 658-8200 Fx: (916) 658-8240 o EAGUE CITIES Council Action Advised by July 31, 2016 June 10, 2016 TO: Mayors, City Managers and City Clerks q7W W.CACITIES-O RG RECEIVED JUN 30 2016 CITY OF NAI'I ONA L CITY CITY MANAGER'S OFFICE RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES League of California Cities Annual Conference — October 5 — 7, Long Beach The League's 2016 Annual Conference is scheduled for October 5 — 7 in Long Beach. An ilnportant part of the Annual Conference is the Annual Business Meeting (during General Assembly), scheduled for noon on Friday, October 7, at the Long Beach Convention Center. At this meeting, the League membership considers and takes action on resolutions that establish League policy. In order to vote at the Annual Business Meeting, your city council must designate a voting delegate. Your city may also appoint up to two alternate voting delegates, one of whom may vote in the event that the designated voting delegate is unable to serve in that capacity. Please complete the attached Voting Delegate form and return it to the League's office no later than Friday, September 23, 2016. This will allow us time to establish voting delegate/alternate records prior to the conference. • Please note the following procedures that are intended to ensure the integrity of the voting process at the Annual Business Meeting. • Action by Council Required. Consistent with League bylaws, a city's voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please attach either a copy of the council resolution that reflects the council action taken, or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council. Please note that designating the voting delegate and alternates must be done by city council action and cannot be accomplished by individual action of the mayor or city manager alone. • Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. To register for the conference, please go to our website: www.cacities.org. In order to cast a vote, at least one voter must be present at the • • 264 of 269 Business Meeting and in possession of the voting delegate card. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the Voting Delegate Desk. This will enable them to receive the special sticker on their name badges that will admit them into the voting area during the Business Meeting. • Transferring Voting Card to Non -Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the Business Meeting, they may not transfer the voting card to another city official. • Seating Protocol during General Assembly. At the Business Meeting, individuals with the voting card will sit in a separate area. Admission to this area will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. If the voting delegate and alternates wish to sit together, they must sign in at the Voting Delegate Desk and obtain the special sticker on their badges. The Voting Delegate Desk, located in the conference registration area of the Long Beach Convention Center, will be open at the following times: Wednesday, October 5, 8:00 a.m. — 6:00 p.m.; Thursday, October 6, 7:00 a.m. — 4:00 p.m.; and Friday, October 7, 7:30-10:00 a.m. The Voting Delegate Desk will also be open at the Business Meeting on Friday, but will be closed during roll calls and voting. The voting procedures that will be used at the conference are attached to this memo. Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city's voting delegate and alternates. Once again, thank you for completing the voting delegate and alternate form and returning it to the League office by Friday, September 23. If you have questions, please call Kayla Gibson at (916) 658-8247. Attachments: • Annual Conference Voting Procedures • Voting Delegate/Alternate Form 265 of 269 Annual Conference Voting Procedures 1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to League policy. 2. Designating a City Voting Representative. Prior to the Annual Conference, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the Voting Delegate Form provided to the League Credentials Committee. 3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the Voting Delegate Desk in the conference registration area. Voting delegates and alternates must sign in at the Voting Delegate Desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the Business Meeting. 4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city's voting card by providing a signature to the Credentials Committee at the Voting Delegate Desk, may sign petitions to initiate a resolution. 5. Voting. To cast the city's vote, a city official must have in his or her possession the city's voting card and be registered with the Credentials Committee. The voting card may be transferred freely between the voting delegate and alternates, but may not be transferred to another city official who is neither a voting delegate or alternate. 6. Voting Area at Business Meeting. At the Business Meeting, individuals with a voting card will sit in a designated area. Admission will be limited to those individuals with a special sticker on their name badge identifying them as a voting delegate or alternate. 7. Resolving Disputes. In case of dispute, the Credentials Committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the Business Meeting. 266 of 269 267 of 269 LE_E AEG U E CITIES CITY: 2016 ANNUAL CONFERENCE VOTING DELEGATE/ALTERNATE FORM Please complete this form and return it to the League office by Friday, September 23, 2016. Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates. In order to vote at the Annual Business Meeting (General Assembly), voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council. Please note: Voting delegates and alternates will be seated in a separate area at the Annual Business Meeting, Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the Voting Delegate Desk. 1. VOTING DELEGATE Name: Title: 2. VOTING DELEGATE - ALTERNATE 3. VOTING DELEGATE - ALTERNATE Name: Name: Title: Title: PLEASE ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES. OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s). Name: E-mail Mayor or City Clerk Phone: (circle one) (signature) Date: Please complete and return by Friday, September 23, 2016 League of California Cities ATTN: Kayla Gibson 1400 K Street, 4th Floor Sacramento, CA 95814 FAX: (916) 658-8240 E-mail: kgibson@cacities.org (916) 658-8247 268 of 269 269 of 269