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Draft Agenda Packet - 09-19-17 CC HA Agenda
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI S INCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO 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, SEPTEMBER 19, 2017 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. 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 103 CC/CDC-HA Agenda 9/19/2017 — 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 interpretacion 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 103 CC/CDC-HA Agenda 9/19/2017 — 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 1. Retiree Service Recognition - Recognizing Park Superintendent Miguel Diaz for his 34 years of service with the City of National City. (Engineering/Public Works) 2. Retiree Service Recognition - Recognizing Senior Park Caretaker John Gish for his 29 years of service with the City of National City. (Engineering/Public Works) PRESENTATIONS INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments - Veterans and Military Families Advisory Committee. (City Clerk) CONSENT CALENDAR 4. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 5. Resolution of the City Council of the City of National City 1) authorizing acceptance of a grant award in the amount of $120,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2018 to conduct DUI and traffic related enforcement operations for the Police Department 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds and 3) authorizing the establishment of fund appropriations and corresponding revenue budget. (Police) 3 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 4 6. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, for on -call environmental compliance management services, increasing the not -to - exceed amount of the Agreement by $50,000, for a total Agreement amount of $150,000. (Engineering/Public Works) 7 Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Atkins North America, Inc. for a not - to -exceed amount of $100,000 to provide, 1) engineering and construction support services, including preparation of record drawings, for the National City Alley Improvements project; 2) support services for sewer user rate study; and 3) tax roll administration for annual sewer service charges. (Engineering/Public Works) 8. Warrant Register #5 for the period of 07/26/17 through 08/01/17 in the amount of $8,856,176.05. (Finance) 9. Warrant Register #6 for the period of 08/02/17 through 08/08/17 in the amount of $700,333.90. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS NEW BUSINESS 10. Notice of Decision — Planning Commission approval of a Conditional Use Permit modification for distilled spirits at an existing beer and wine - licensed restaurant (Tita's II) located at 3421 East Plaza Blvd. (Applicant: Roger Speir) (Case File 2017-09 CUP) (Planning) 11. Continuation of Staff's Report to City Council on Strategies for Building and Maintaining Positive Relationships in Support of Immigrants to include: A Request for City Council Direction on the Creation of an Ad -Hoc Committee or Working Group; and a General Overview of Grant Funding Opportunities. (City Manager) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 4 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 5 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 - October 3, 2017 - 6:00 p.m. - Council Chambers - National City, California. 5 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 6 The following page(s) contain the backup material for Agenda Item: Retiree Service Recognition - Recognizing Park Superintendent Miguel Diaz for his 34 years of service with the City of National City. (Engineering/Public Works) 6 of 103 b" CALIFORNIA NATIONAL CIIT -CDaP 091rED J City of National City MEMORANDUM DATE: August 30, 2017 TO: Esther Clemente, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant IV (Mayor's Office) FROM: Lilia Munoz, Human Resources Analyst SUBJECT: RETIREE SERVICE RECOGNITION The following City employee will be retiring with 34 years of service with the City of National City on September 26, 2017: NAME: Miguel A. Diaz POSITION: Park Superintendent HIRED: September 1,1983 As part of the Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, September 19, 2017 at 6pm. If this is acceptable, please make the necessary arrangements. The recognition letter and gift card(s) selection memo will be sent prior to the meeting. Thank you. cc: Miguel Diaz, Park Superintendent Steve Manganiello, Director of PW/City Engineer H.: Recognition Program 7 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 8 The following page(s) contain the backup material for Agenda Item: Retiree Service Recognition - Recognizing Senior Park Caretaker John Gish for his 29 years of service with the City of National City. (Engineering/Public Works) 8 of 103 NATIONALarrirL7COgro66sE� City of National City MEMORANDUM DATE: August 28, 2017 TO: Esther Clemente, Executive Assistant IV (City Manager's Office) Josie Flores -Clark, Executive Assistant IV (Mayor's Office) FROM: Lilia Munoz, Human Resources Analyst SLBJEC'1': RETIREE SERVICE RECOGNITION The following City employee will be retiring with 29 years of service with the City of National City on September 26, 2017: NAME: John H. Gish POSITION: Senior Park Caretaker HIRED: December 22, 1987 As part of the Retiree Recognition Program, the employee wishes to have the opportunity to receive a City Council Recognition at the Council Meeting of Tuesday, September 19, 2017. If this is acceptable, please make the necessary arrangements. The recognition letter and gift card(s) selection memo will be sent prior to the meeting. Thank you. cc: John Gish, Senior Park Caretaker Miguel Diaz, Park Superintendent Steve Manganiello, Director of PW/City Engineer H:1Recognition Program BEGET"roll) CITY 01 (ITV Mt tiAr",�%j'.', .�Suf?D7: it 9 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 10 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 10 of 103 Item # 09/19/17 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 11 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 12 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) authorizing acceptance of a grant award in the amount of $120,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2018 to conduct DUI and tra 12 of 103 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ACCOUNT NO. 290-11661-3498 (Other Federal Grants) $120,000 290-411-661-1 * (Overtime & related accounts) - $120,000 No matching funds required ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION MEETING DATE: [ 94I-! AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City 1) authorizing acceptance of a grant award in the amount of $120,000 from the Office of Traffic Safety (OTS) for the Selective Traffic Enforcement Program (STEP) grant 2018 to conduct DUI and traffic related enforcement operations for the Police Department 2) authorizing the Chief of Police to execute the Agreement of the award of the grant funds and 3) authorizing the establishment of fund appropriations and corresponding revenue budget. PREPARED BY: Jeffrey Meeks, Sergeant DEPARTMENT: Poli PHONE: (619) 336-4446 APPROVED BY: EXPLANATION: On June 1, 2017 the National City Police Department was awarded and approved to rece y- $120,000 in grant funds from the Office of Traffic Safety (OTS). This is a one year grant beginning October 1, 2017. This award is a based upon a grant proposal submitted to the Office of Traffic safety for the purpose of reducing the number of persons killed or injured in traffic collisions and alcohol involved collisions; to reduce fatal and injury hit and run collisions; to reduce the amount of motorcyclists killed or injured; and to reduce fatal and injury collisions at intersections, where unsafe turning movements and unsafe speeds were a factor. The grant funds allocated to accomplish these goals will be used to fund overtime operations such as DUI/DL checkpoints, DUI saturation patrols, and enforcement operations regarding speed, red Tight violators, distracted drivers and motorcycle enforcement within the city limits of the City of National City. The grant also covers Traffic Safety presentations and materials. FINANCIAL STATEMENT: APPROVED: 14(46�- FINANCE APPROVED: MIS FINAL ADOPTION El STAFF RECOMMENDATION: Recommend to accept the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: See Grant Agreement PT18101 16 of 1 p3`. State of California — Office of Traffic Safety GRANT AGREEMENT GRANT NUMBER PT18101 1. GRANT TITLE Selective Traffic Enforcement Program (STEP) 2. NAME OF AGENCY National City 3. Grant Period From: 10/01/2017 To: 09/30/2018 4. AGENCY UNIT TO ADMINISTER GRANT National City Police Department 5. GRANT DESCRIPTION Best practice strategies will be conducted to reduce the number of persons killed and injured in crashes involving alcohol and other primary collision factors. The funded strategies may include impaired driving enforcement, enforcement operations focusing on primary collision factors, distracted driving, night-time seat belt enforcement, special enforcement operations encouraging motorcycle safety, enforcement and public awareness in areas with a high number of bicycle and pedestrian collisions, and educational programs. These strategies are designed to eam media attention thus enhancing the overall deterrent effect. 6. Federal Funds Allocated Under This Agreement Shall Not Exceed: $120,000.00 7. TERMS AND CONDITIONS: The parties agree to comply with reference made a part of the Agreement: • Schedule A — Problem Statement, Goals and Objectives and • Schedule B — Detailed Budget Estimate and Sub -Budget • Schedule B-1 — Budget Narrative and Sub -Budget Narrative • Exhibit A — Certifications and Assurances • Exhibit B* — OTS Grant Program Manual *Items shown with an asterisk (*), are hereby incorporated by hereto. These documents can be viewed at the OTS home web page We, the officials named below, hereby swear under penalty of perjury authorized to Iegally bind the Grant recipient to the above described IN WITNESS WHEREOF, this Agreement has been executed by the terms and conditions of the Method of Procedure Estimate (if applicable) (if applicable) reference and made a part of this under Grants: www_ots.ca.gov. following which are by this agreement as if attached of California that we are duly under the laws of the State Grant terms and conditions. the parties hereto. 8. Approval Signatures A. AUTHORIZING OFFICIAL OF DEPARTMENT NAME: Manuel Rodriquez PHONE: 619-336-4510 TrrLE: Chief of Police FAX: 619-336-4525 ADDRESS: 1200 National City Blvd. National City, CA 91950 EMAIL: nuodri ez ca.gov 7 B. AUTHORIZING OFFICIAL OF OFFICE OF TRAFFIC SAFETY NAME: Rhonda L. Craft PHONE (916) 509-3030 TITLE: Director FAx: (916) 509-3055 ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 EMAIL: rhonda.craft@ots.ca.gov (Signature) (Date) (Signature) (Date) C. ACCOUNTING OFFICER OF OFFICE OF TRAFFIC SAFETY NAME: Carolyn Vu ADDRESS: 2208 Kausen Drive, Suite 300 Elk Grove, CA 95758 9. DUNS NUMBER DUNS #: 072494073 REGISTERED .ADDRESS: 1243 National City Blvd 6 CITY: National City 1 ZIP+4: 91950-4301 I 8/14/2017 1:16:56 PM 14 of 103 Page 1 of 12 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule A GRANT NUMBER PT18101 1. PROBLEM STATEMENT The National City Police Department has seen a decrease in DUI related arrests. In 2015 there were 173 DUI related arrests, then 149 in 2016, a decrease of 14. This is a direct correlation to the additional resources put on the street to enforce DUI laws. The resources include the DUI Checkpoints as well as the DUI saturation patrol. This includes more education and presentations about the dangers of DUI. The OTS grant enabled the National City Police Department to put additional officers on the street to combat the problem of DUI drivers. In addition, the OTS grant targeting `Primary Collision Factors' or PCF as well as the Distracted Driver enforcement has led to a drastic decrease in collisions. Total collisions in 2014 were 203 with 305 victims. This number was reduced 184 collisions with 238 victims, over a 9% decrease. 1 also believe this is in direct correlation to increased traffic enforcement as allowed by the OTS grant in order to place more police officers on the street looking for drivers who are distracted and driving negligent. It should be noted there were additional DUI arrest by officers conducting `PCP' enforcement. It should also be noted the number of victims in traffic collisions have decreased from 305 to 238 a 28% decrease. Again, !believe there was a direct correlation between extra traffic enforcement and the reduction in victims of collisions. 2. PERFORMANCE MEASURES A. Goals: 1. Reduce the number of persons killed in traffic collisions. 2. Reduce the number of persons injured in traffic collisions. 3. Reduce the number of pedestrians killed in traffic collisions. 4. Reduce the number of pedestrians injured in traffic collisions. 5. Reduce the number of bicyclists killed in traffic collisions. 6. Reduce the number of bicyclists injured in traffic collisions. 7. Reduce the number of persons killed in alcohol -involved collisions. 8. Reduce the number of persons injured in alcohol -involved collisions. 9. Reduce the number of persons killed in drug -involved collisions. 10. Reduce the number of persons injured in drug -involved collisions. 11. Reduce the number of persons killed in alcohol/drug combo -involved collisions. 12. Reduce the number of persons injured in alcohol/drug combo -involved collisions. 13. Reduce the number of motorcyclists killed in traffic collisions. 14. Reduce the number of motorcyclists injured in traffic collisions. 15. Reduce hit & run fatal collisions_ 16. Reduce hit & run injury collisions. 17. Reduce nighttime (2100 - 0259 hours) fatal collisions. 18. Reduce nighttime (2100 - 0259 hours) injury collisions. B. Oblect`ives: Target Number 1. Issue a press release announcing the kick-off of the grant by November 15. The kick-off press releases and media advisories, alerts, and materials must be emailed to the OTS 1 Public Information Officer at pia@ots.ca.gov, and copied to your OTS Coordinator, for approval 14 days prior to the issuance date of the release. 2. Participate and report data (as iequired) in the following campaigns, National Walk to 10 School Day, NHTSA Winter & Summer Mobilization, National Bicycle Safety Month, National Click it or Ticket Mobilization, National Teen Driver Safety Week, National Distracted Driving Awareness Month, National Motorcycle Safety Month, National Child Passenger Safety Week, and California's Pedestrian Safety Month. 3. Develop (by December 31) and/or maintain a " HOT Sheet" program to notify patrol and 12 8/14/2017 1:16:56 PM 15 of 103 Page 3of12 • Press releases reporting the results of grant activities such as enforcement operations are exempt from the recommended advance approval process, but still should be copied to the OTS PIO and Coordinator when the release is distributed to the press. • Activities such as warrant or probation sweeps and court stings that could be compromised by advanced publicity are exempt from pre -publicity, but are encouraged to offer embargoed media coverage and to report the results. Media Requirements • Use the following standard language in all press, media, and printed materials: Funding for this program was provided by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration. • Email the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator at least 30 days in advance, a short description of any significant grant -related traffic safety event or program so OTS has sufficient notice to arrange for attendance and/or participation in the event. • Submit a _draft or rough -cut of all printed or recorded material (brochures, posters, scripts, artwork, trailer graphics, etc.) to the OTS PIO at pio@ots.ca.gov and copy your OTS Coordinator for approval 14 days prior to the production or duplication. • Include the OTS logo, space permitting, on grant -funded print materials; consult your OTS Coordinator for 1 specifics. C. Phase 3 — Data Collection & Reportin¢ (Throughout Grant Year) • Invoice Claims (due January 30, April 30, July 30, and October 30) • Quarterly Performance Reports (due January 30, April 30, July 30, and October 30) • Collect and report quarterly, appropriate data that supports the progress of goals and objectives. • Provide a brief list of activity conducted, procurement of grant -funded items, and significant media activities. Include status of grant -funded personnel, status of contracts, challenges, or special accomplishments. • Provide a brief summary of quarterly accomplishments and explanations for objectives not completed or plans for upcoming activities. • Collect, analyze and report statistical data relating to the grant goals and objectives. 4. METHOD OF EVALUATION Using the data compiled during the grant, the Grant Director will complete the "Final Evaluation" section in the fourth/final Quarterly Performance Report (QPR). The Final Evaluation should provide a brief summary of the grant's accomplishments, challenges and significant activities. This narrative should also include whether goals and objectives were met, exceeded, or an explanation of why objectives were not completed. 5. ADMINISTRATIVE SUPPORT This program has full administrative support, and every effort will be made to continue the grant activities after grant conclusion. 8/14/2017 1:16:56 PM 16 of 103 Page 5 of 12 State of California — Office of Traffic Safety GRANT AGREEMENT Schedule B-1 GRANT NUMBER PT18101 BUDGET NARRATIVE PERSONNEL COSTS DUI/DL Checkpoints - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. QUANTITY 8 l DUI Saturation Patrols - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 49 Benefits @ 11.18% - Medicare 1.45%, Workers Comp 9.73%. TOTAL 11.18% 1 Traffic Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 35 Distracted Driving - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 35 Motorcycle Safety - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 4 1 Pedestrian and Bicycle Enforcement - Overtime for grant funded law enforcement operations conducted by appropriate department personnel. 7 Benefits at 11.18 - Medicare 1.45%, Workers Comp 9.73%. TOTAL 11.18% 1 _ I TRAVEL EXPENSES In State Travel - Costs are included for appropriate staff to attend conferences and training events supporting the grant goals and objectives and/or traffic safety. Local mileage for grant activities and meetings is included. All conferences, seminars or training not specifically identified in the Schedule B-1 (Budget Narrative) must be approved by OTS. All travel claimed must be at the agency approved rate. Per Diem may not be claimed for meals provided at conferences when registration fees are paid with OTS grant funds. I • CONTRACTUAL SERVICES ? EQUIPMENT OTHER DIRECT COSTS DUI Checkpoint Supplies - DUI Checkpoint Supplies - on -scene 5uppiies needed to conduct sobriety checkpoints. Costs may include 28" traffic cones, MUTCD compliant traffic signs, MUTCD compliant high visibility vests (maximum of 10), traffic counters (maximum of 2), generator, gas for generators, lighting, reflective banners, electronic flares, PAS device supplies, heater, propane for heaters, fan, anti -fatigue mats, and canopies. Additional items may be purchased if approved by OTS. The cost of food and beverages will not be reimbursed. 1 INDIRECT COSTS STATEMENTS/DISCLAIMERS There will be no program income generated from this grant. Salaries may include wages, salaries, special compensations, or authorized absences such as annual leave and sick leave provided the cost for the individual employee is (a) reasonable for the services rendered, and (b) follows an appointment made in accordance with state or local laws and rules and meets federal requirements. Any non -grant funded vacancies created by reassignment to a grant -funded position must be filled at the expense of 8/14/2017 1:16:56 PM 17 of 103 Page 7of12 State of California — Office of Traffic Safety GRANT AGREEMENT Exhibit A GRANT NUMBER PTIS10I CERTIFICATIONS AND ASSURANCES Failure to comply with applicable Federal statutes, regulations, and directives may subject Grantee Agency officials to civil or criminal penalties and/or place the State in a high risk grantee status in accordance with 49 CFR §18.12. The officials named on the grant agreement, certify by way of signature on the grant agreement signature page, that the Grantee Agency complies with all applicable Federal statutes, regulations, and directives and State rules, guidelines, policies and laws in effect with respect to the periods for which it receives grant funding. Applicable provisions include, but are not limited to, the following: • 23 U.S.C. Chapter 4—Highway Safety Act of 1966, as amended • 49 CFR Part 18—Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments • 23 CFR Part 1200—Uniform Procedures for State Highway Safety Grant Programs NONDISCRIMINATION The Grantee Agency will comply with all Federal statutes and implementing regulations relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (Pub. L. 88- 352), which prohibits discrimination on the basis of race, color or national origin (and 49 CFR Part 21); (b) Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681-1683 and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), and the Americans with Disabilities Act of 1990 (Pub. L. 101-336), as amended (42 U.S.C. 12101, et seq.), which prohibits discrimination on the basis of disabilities (and 49 CFR Part 27); (d) the Age Discrimination Act of 1975, as amended (42 U.S.G. 6101-6107), which prohibits discrimination on the basis of age; (e) the Civil Rights Restoration Act of 1987 (Pub. L. 100-259), which requires Federal -aid recipients and all sub -recipients to prevent discrimination and ensure nondiscrimination in all of their programs and activities; (f) the Drug Abuse Office and Treatment Act of 1972 (Pub. L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (g) the comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (Pub. L. 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (h) Sections 523 and 527 of the Public Health Service Act of 1912, as amended (42 U.S.C. 290dd-3 and 290ee-3), relating to confidentiality of alcohol and drug abuse patient records; (i) Title VIII of the Civil Rights Act of 1968, as amended (42 U.S.C. 3601, et seq.), relating to nondiscrimination in the sale, rental or financing of housing; (j) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and (k) the requirements of any other nondiscrimination statute(s) which may apply to the application. BUY AMERICA ACT The Grantee Agency will comply with the provisions of the Buy America Act (49 U.S.C. 5323(j)), which contains the following requirements: Only steel, iron and manufactured products produced in the United States may be purchased with Federal funds unless the Secretary of Transportation determines that such domestic purchases would be inconsistent with the public interest, that such materials are not reasonably available and of a satisfactory quality, or that inclusion of domestic materials will increase the cost of the overall project contract by more than 25 percent. Clear justification for the purchase of non - domestic items must be in the form of a waiver request submitted to and approved by the Secretary of Transportation. POLITICAL ACTIVITY (HATCHACT) The Grantee Agency will comply with provisions of the Hatch Act (5 U.S.C. 1501-1508) which limits the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 8/14/2017 1:16:56 PM Page 9 of 22 18 of 103 is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. 7. The Grantee Agency Official further agrees by submitting this grant agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the department or agency entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of Parties Excluded from Federal Procurement and Non - procurement Programs. 9. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. Certification Regarding Debarment, Suspension, and Other Responsibility Matters -Primary Covered Transactions 1. The Grantee Agency Official certifies to the best of its knowledge and belief, that its principals: a. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency; b. Have not within a three-year period preceding this grant agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of record, making false statements, or receiving stolen property; c. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or Local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and d. Have not within a three-year period preceding this application/grant agreement had one or more public transactions (Federal, State, or local) terminated for cause or default. 2. Where the Grantee Agency Official is unable to certify to any of the Statements in this certification, such prospective participant shall attach an explanation to this grant agreement. Instructions for Lower Tier Certification 1. By signing and submitting this grant agreement, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this grant agreement is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, grant agreement, and voluntarily excluded, as used in this clause, have the meanings set out in the Definition and Coverage sections of 49 CFR Part 29. You may contact the person to whom this grant agreement is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this grant agreement that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR Part 9, subpart 9.4, debarred, suspended, declared ineligible, or 8/14/2017 1:16:56 PM Page 11 of 12 19 of 103 CC/CDC-HA Agenda 9/19/2017 — 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 Mayor to execute a Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, for on -call environmental compliance management services 20 of 103 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 19, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmentai, for on -call environmental compliance management services, increasing the not -to -exceed amount of the Agreement by $50,000, for a total Agreement amount of $150,000. PREPARED 8 Stephen Manganiello PHONE. 619-336-4382 EXPLANATION See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Finance MIS Funds appropriated in account # 001-416-030-299-0000 (Environmental Compliance Contrac Services) ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: I FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution executing a Second Amendment to the Agreement with Rely Environmental. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Second Amendment to Agreement ,3. Resolution 21 of 103 Explanation: On July 1, 2015, the City of NiationRI City entered into an Agreement with Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety. The Agreement, which was executed by the City Manager, was for a not -to -exceed amount of $50,000 and a term of two years, with the option to extend for an additional period of up to one year. On February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $50,000, for a total Agreement amount of $100,000, and extending the term of the Agreement to June 30, 2018. Additional funds are needed to allow Rely Environmental to continue providing environmental compliance management services for the City. Based on Rely Environmental's performance and quality of work, staff recommends authorizing the Mayor to execute a Second Amendment to the Agreement increasing the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. Funds are appropriated in the Environmental Compliance Contract Services account. 22 of 103 SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL This Second Amendment to the Agreement is entered into this 19th day of September, 2017 by and between the City of National City, a municipal corporation ("CITY"), and Air Quality Compliance Solutions, Inc., DBA; Rely Environmental, a California corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on July 1, 2015, ("the Agreement"), wherein the CONSULTANT agreed to provide on -call environmental compliance management services involving water quality, air quality, hazardous materials, and occupational health and safety; and WHEREAS, the Agreement, which was executed by the City Manager, had a not -to - exceed amount of $50,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, on February 21, 2017, the City Council adopted Resolution No. 2017-17, approving the First Amendment to the Agreement increasing the not -to - exceed amount by $50,000, for a total Agreement amount of $100,000, and extending the term of the Agreement to June 30, 2018; and WHEREAS, based on the CONSULTANTS performance and quality of work, the CITY desires to have the CONSULTANT continue providing environmental compliance management services for the CITY, and the CONSULTANT is willing to perform such services; therefore, the parties desire to increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on July 1, 2015, as follows: 1. Increase the not -to -exceed amount by $50,000, for a total Agreement amount of $150,000. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 1, 2015, shall remain in full force and effect. < Signatures on next page > 23 of 103 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first above written. CITY OF NATIONAL CITY AIR QUALITY COMPLIANCE SOLUTIONS, INC., DBA; RELY ENVIRONMENTAL By: By: Ron Morrison, Mayor Scott Storms President APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney By: Scott Sto; ms Secretary 24 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 25 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 an Agreement with Atkins North America, Inc. for a not -to -exceed amount of $100,000 to provide, 1) engineering and construction support services, including prepar 25 of 103 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 19, 2017 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute an Agreement with Atkins North America, Inc. for a not -to -exceed amount of $100,000 to provide, 1) engineering and construction support services, including preparation of record drawings, for the National City Alley Improvements project; 2) support services for sewer user rate study; and 3) tax roll administration for annual sewer service charges_ PREPARED BY: Stephen Manganiello, City Engineer PHONE: 619-336-4382 EXPLANATION: See attached FINANCIAL STATEMENT: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: ACCOUNT NO. Funds available through prior City Council appropriations APPROVED: 001-409-500-598-6035 (Street Resurfacing CIP): $30,000.00 125-416-222-213-0000 (Sewer Fund Professional Services): $70,000.00 ENVIRONMENTAL REVIEW: NIA Finance MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute an Agreement with Atkins North America, Inc. for a not -to -exceed amount of $100,000 to provide support services for the National City Alley Improvements project and sewer administration. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 26 of 103 Explanation: Atkins North America, Inc. was retained by the City of National City through a competitive Request for Qualifications process to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act (ADA) / Universal Design, and community outreach. The original Agreement was authorized by City Council on August 19, 2014, per Resolution No. 2014-115. While under contract, Atkins North America served as the Engineer of Record responsible for preparing construction plans and specifications for the National City Alley Improvements project. As the Engineer of Record, staff needs Atkins to provide construction support services, including preparation of record drawings, to facilitate project construction and close-out. In addition, staff desires to continue using Atkins North America to support the sewer user rate study and tax roil administration for annual sewer service charges. The on -call Agreement with Atkins North America has expired. Therefore, staff is requesting that City Council authorize a new Agreement with Atkins North America to complete the current Ailey Improvement project and on -going sewer administration services. 27 of 103 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC. THIS AGREEMENT is entered into on this 19th day of September, 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ATKINS NORTH AMERICA, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide the following professional services: 1) engineering and construction support services, including preparation of record drawings, for the National City Alley Improvements project; 2) support services for sewer user rate study; and 3) tax roll administration for annual sewer service charges. WHEREAS, on August 19, 2014, through adoption of City Council Resolution No. 2014-115, the CITY and the CONSULTANT entered into an Agreement whereby the CONSULTANT would provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, sewer system management, preparation of sewer user rate studies and annual tax roll billing, civil engineering, Americans with Disability Act (ADA) / Universal Design, and community outreach. WHEREAS, the CONSULTANT was selected through a competitive Request for Qualifications process to perform work under said Agreement. WHEREAS, through said Agreement, which has subsequently expired, the CONSULTANT provided on -going sewer administration services, and served as the Engineer of Record responsible for preparing construction plans and specifications for the National City Alley Improvements project. WHEREAS, as the Engineer of Record, the CONSULTANT is required to provide construction support services, including preparation of record drawings, to facilitate project construction and close-out. WHEREAS, the CONSULTANT, as the Engineer of Record, is most qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform those services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide construction support services for the National City Alley Improvement project, and on -going sewer administration services, and the CONSULTANT 28 of 103 agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective as of July 1, 2017. The duration of this Agreement is for the period of July 1, 2017 through August 31, 2018. 3. SCOPE OF SERVICES. The CONSULTANT will perform services as set forth in the attached Exhibit "A." The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Stephen Manganiello, Director of Public Works/City Engineer, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Cynthia S. Peraza, P.E., thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION; AND PAYMENT. The compensation tor the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" dal] not exceed $1 flfl 111111 The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the Project Coordinator. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable tunes during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance andlor the compensation payable to the CONSULTANT in this Standard Agreement Page 2 of 11 City of National City and Revised July 2017 Atkins North America 29 of 103 Agreement, the Cf 1 Y or the CONS UL l ANl shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7, DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further documents) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSTJLTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. Standard Agreement Page 3 of 11 City of National City and Revised July 2017 Atkins North America 30 of 103 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT Gable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. Standard Agreement Page 4 of 11 Revised July 2017 Atkins North America City of National City and 31 of 103 13. NONDISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify, and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent performance of this Agreement. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. Standard Agreement Page 5 of 11 Revised July 2017 Atkins North America City of National City and 32 of 103 16. WORKERS' COMPENSATION. The CONSULJ.AN 1 shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSLLTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSLTLTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. B. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CIT`Y's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. Standard Agreement Page 6 of 11 City of National City and Revised. July 2017 Atkins North America 33 of 103 G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY' S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY' S Risk Manager. If the CONSULTANT does not keep all 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. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. 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 Y shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the Standard Agreement Page 7ofl City of National City and Revised July 2017 Atkins North America 34 of 103 CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or otherlike facilityregularly maintained by the T S` ` Postal ri (� United States 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: Stephen Manganiello Director of Public Works/City Engineer Engineering & Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4301 Standard Agreement Page 8 of 11 City of National City and Revised July 2017 Atkins North America 35 of 103 To CONSULTANT: Cynthia S. Peraza, P.E. Senior Project Manager Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, CA 92130 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. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 by the CONSULTANT. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. Standard Agreement Page 9 of 11 City of National City and Revised July 2017 Atkins North America 36 of 103 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 that: the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. 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. L Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. 7. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subcoi sultanas. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. 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 Standard Agreement Page 10 of 11 City of National City and Revised July 2017 Atkins North America 37 of 103 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 ATKINS NORTH AMERICA, INC. By: By: Ron Morrison, Mayor Paul Demit, Senior Vice President By: Rene De los Rios, V.P., Assist. Secretary APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto M. Contreras Deputy City Attorney Stsndard Agreement Page 11 of 11 City of National City and Revised July 2017 Atkins North America 38 of 103 EXHIBIT "A" —SCOPE OF WORK 1.0 Construction Support Services for Alley Improvement Project ▪ Meetings —will attend weekly contactor meetings and meetings in the field on an as -needed basis to resolve disputes and/or provide clarification on plans and construction methods Requests for Information (RFIs) — will review and provide written responses to RFIs • Requests for Changes (RFCs) —will review and provide recommendations on contractor requests for substitutions or alternative construction techniques Contactor submittals --will review and provide comments on contractor submittals Punch List —will assist with preparation of punch list of outstanding items prior to final walk through and project close-out • Final Walk Through — will participate in Final Walk Through to ensure project was built consistent with the construction plans and specifications, and punch list items have been satisfied Review final redline plans prepared by the contractor, which will included field verifications and meetings with contractor as needed. incorporate redline changes into record drawings to accurately reflect as -built conditions. 2.0 Tax Roll Administration for Annual Sewer Service Charges Continue to update the City's sewer customer database Continue to review Sweetwater Authority's water accounts and annual usage Using updated information provided by the City, sewer charges will be calculated based on approved sewer user rates for each fiscal year The list of sewer charges will be prepared for approval by the City Council and then submitted to the County of San Diego for processing on the property tax rolls Direct bills will be sent to appropriate government agencies, as they cannot be billed with the property tax bills 3.0 Support Services for Sewer User Rate Study Provide peer review of sewer user rate analysis and recommendations Provide historic data from sewer customer database and forecasts as needed 39 of 103 ATKINS EXHIBIT "B" ATKINS SOUTHWEST INFRASTRUCTURE STANDARD RATE SCHEDULE, EFFECTIVE JANUARY 1, 2014 ENGINEERING SERVICES Principal Engineer V $265.00 Principal Engineer IV 240.00 Principal Engineer III 220.00 Principal Engineer II 200.00 Principal Engineer I 190.00 Supervising Engineer II 180.00 Supervising Engineer ! 165.00 Senior Engineer III 155.00 Senior Engineer II 145.00 Senior Engineer I 135.00 Engineer III 125.00 Engineer II 115.00 Engineer i 105.00 Engineering Aide 70.00 CONSTRUCTION RELATED SERVICES Senior Construction Manager $175.00 Senior Project Engineer (Const.) 155.00 Construction Manager 140.00 Prevailing Wage Field Rep.** 125.00 Senior Field Representative* 115.00 Construction Management Rep. II* 100.00 Construction Management Rep. I* 90.00 Sr. Contract Administrator 100.00 Contract Administrator 85.00 ENVIRONMENTAL SCIENCE SERVICES Supervising Scientist $225.00 Senior Scientist III 180.00 Senior Scientist !I 165.00 Senior Scientist I 140.00 Scientist III 125.00 Scientist II 110.00 Scientist I 90.00 Assistant Scientist 75.00 Research Assistant 60.00 PUBLIC AFFAIRS/COMMUNITY RELATIONS Project Manager $170.00 Community Relations Specialist 140.00 Assistant Project Manager 125.00 Account Coordinator 80.00 Atkins North America, Inc. 3570 Carmel Mountain Road, Suite 300 San Diego, California 92130 Telephone: +1.858.874.1810 Fax: +1.858.259.0741 www.atki nsglobal.cominortharnerlca OTHER PROFESSIONAL SERVICES Principal Professional $196.00 Supervising Professional 170.00 CASp/Access Specialist 150.00 Sr. Professional III 1 Sr. GIS Analyst III 150.00 Senior Professional II 1 Sr. GIS Analyst II 135.00 Senior Professional I / Sr. GiS Analyst I 122.00 Professional it 1 GIS Analyst II 101.00 Professional I 1 GIS Analyst I 88.00 DESIGN & GRAPHIC SERVICES Senior Designer IV $165.00 Senior Designer III 140.00 Senior Designer If 135.00 Senior Designer I 120.00 Designer II 110.00 Designer ; 100.00 Graphics Designer II 100.00 Graphics Designer I 95.00 CAD Technician Ill 95.00 CAD Technician II 85.00 CAD Technician I 70.00 LANDSCAPE ARCHITECTURE Sr. Landscape Architect $180.00 Sr. Landscape Architect II 120.00 Landscape Architect I 100.00 ADMINISTRATIVE SERVICES Senior Administrator II $135.00 Senior Administrator I 115.00 Senior Administrative Assistant III 95.00 Senior Administrative Assistant II 85.00 Senior Administrative Assistant I 80.00 Administrative Assistant lil 75.00 Administrative Assistant II 65.00 Administrative Assistant I 1 Clerk 60.00 * Non -Prevailing Wage *" Prevailing Wage Rate- Overtime will be charged at 1.25 times and Sundays and holidays will be charged at 1.70 times the above rates. EXPENSES AND OUTSIDE SERVICES Identifiable non -salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage, postage, etc., are billed at actual cost plus 10 percent to cover overhead, administration, and insurance costs. Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day. Computer Aided Drafting, hydrologic water, sewer and stormwater madding, GIS, automated mapping, database and web programming, etc., is charged at $5 per labor hour. If applicable, a vehicle allowance of $8.00 per hour will be charged for the use of a company vehicle assigned to an inspector. PAYMENT TERMS A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date of original invoice. This rate schedule is subject to annual andlor periodic revisions as necessary to accommodate inflationary trends, salary adjustments and the general costs of business. 40 of 103 CAtisers1162445Desatop4CP 2014 Standard Rate Sheet -San Diego, does INSURANCE CERTS < TO BE ATTACHED > 41 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 42 The following page(s) contain the backup material for Agenda Item: Warrant Register #5 for the period of 07/26/17 through 08/01/17 in the amount of $8,856,176.05. (Finance) 42 of 103 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 19, 2017 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #5 for the period of 07/26/17 through 08/01/17 in the amount of $8,856,176.05. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 07/26/17 through 08/01/17. Consistent with Department of Finance, listed below are all payments above $50,000. DEPARTMENT: Finan Vendor Check/Wire Adamson Police Products 330011 City of Chula Vista 330018 City of San Diego 330092 CS Legacy Construction Inc 330100 Health Net Inc 330130 Amount 60,144.21 109,839.33 58,084.00 84,235.64 83,101.80 APPROVED BY: ** Attached is a list of remaining payments over $50,000.00*** Explanation Swat Vests / Police Animal Shelter Fees March-May/PD Dispatching Services for Fire Paradise Creek Edu. Project Health Net Ins R1192A / Aug 2017 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $8,856,176.05. APPROVED: 77- FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $8,856,176.05 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Attachment of Payments over $50,000.00 Warrant Register #5 I 4,3 oT 1 UJ CALIFORNIA NATIONAL . CHIT INCORPORATED Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Kaiser Foundation HP Palm Engineering Project Professionals Corp Public Emp Ret System Union Bank of California Check/Wire 330140 330162 330170 426792 870447 Public Emp Ret System 7272017 Amount 183,082.57 391,257.96 62,798.34 4,714,569.39 324,533.14 235,780.27 Explanation Insurance Active / Aug 2017 Division Street Traffic C. Project Sewer Line Replc. Project FY 2018 Annual AUL Prepayment GO Bonds Obligation Rfnd 2012 Svcs Period 07/04/07 — 07/17/17 44 of 103 CALIFORNIAF__ 1/5 PAYEE STATE OF CALIFORNIA ABLE PATROL & GUARD ADAMSON POLICE PRODUCTS ALCARAZ APPLIANCES ALEXANDRA SILBER AMAZON AT&T ATKINS NORTH AMERICA INC C P RICHARDS SIGNS INC CITY OF CHULA VISTA CLEAN HARBORS COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL COX COMMUNICATIONS DEPT OF JUSTICE DUNBAR ARMORED INC EPLUS TECHNOLOGY INC ESGIL CORPORATION EXPERIAN FIRE ETC FON JON PET CARE CENTER GROSSMAN PSYCHOLOGICAL JAMES, R KONICA MINOLTA LANGUAGE LINE SERVICES LEXIPOL LLC LIEBERT CASSIDY WHITMORE LIFELOC TECHNOLOGIES MAN K9 INC MOTOPORT MOTOROLA SOLUTIONS INC NAN MCKAY AND ASSOCIATES INC NATIONAL CITY CHAMBER NIMBLE STORAGE INC OPENGOV INC PACIFIC TELEMANAGEMENT SERVICE PCS MOBILE PRO BUILD PRUDENTIAL OVERALL SUPPLY QUALA TEL ENTERPRISES QUALITY LOGO PRODUCTS INC SAN DIEGO PET SUPPLY SAN DIEGO REGIONAL COMPUTER SDG&E SHRED IT USA SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COUNTY ECONOMIC NATIONAL CI?? ?ATCORPQRAT8t WARRANT REGISTER #5 8/1/2017 DESCRIPTION SALES TAX LIABILITY FOR APR - JUN 2017 SECURITY GUARD SERVICE FOR LIBRARY JUNE 2017 SWAT VESTS / POLICE WASHER & DRYER / FIRE NECROPSY EXAM BOOKS / LIBRARY AT&T PHONES JULY 2017 FY 17 TAX ROLL SERVICES - ENG DECALS FOR WATER TENDER / FIRE ANIMAL SHELTER FEES MARCH, APRIL & MAY / PD HOUSEHOLD HAZARDOUS WASTE - ENG PURCHASE OF CHEMICAL POOL SUPPLIES / PW MAIL PROCESSING SERVICES / APRIL 2017 INSTALLATION, MAINTENANCE AND REPAIRS / PW COX CABLE SERVICES JULY 2017 FINGERPRINTING OF APPLICANTS / PD ARMORED SERVICES / FINANCE ANNUAL RNWL VEEAM BACKUP / MIS PLAN CHECK SERVICES / BUILDING JUNE 2017 CREDIT CHECKS / PD NOZZLE / FIRE BOARDING FOR ROCKO / PD JUNE 2017 EVALUATIONS / PD RETIREE HEALTH BENEFITS / MAR 2017 COPIER EQUIPMENT LEASE / JUNE 2017 LANGUAGE LINE SVC. JUNE 2017 LEXIPOL SERVICES JUNE 2017 / PD TRAINING CONSORTIUM FUEL CELL REPLACEMENT / PD JUNE 2017 K9 TRAINING / PD MOTOR PANTS / PD PORTABLE RADIOS / PD HOUSING REG REVISIONS / SEC 8 COMMUNITY ENHANCEMENT GRANT 23TB FIELD UPGRADE / MIS OPENGOV INTELLIGENCE AND TRANSPARENCY / MIS PAY PHONES JULY 2017 DOCKING STATION / FIRE MOP EAR PLUGS / FIRE DEPT MOP 45742. LAUNDRY SERVICES / FIRE REPAIRS ON HEADSETS / FIRE LANYARD RECRUITING / PD MOP K9 SUPPLIES FORENSIC SERVICES ANNUAL PAYMENT FY 17 WASTEWATER - GAS & ELECTRIC UTILITIES JUNE SHREDDING SERVICE / POLICE MOP 69277. SUPPLIES FOR FIRE DEPT MOP 45756. CLEANING SUPPLIES / CSD MOP 63845 BUSINE INTS - LIBRARY FY 2017-2018 MEME 45 of 103 CHK NO DATE AMOUNT 330009 7/31/17 10,940.00 330010 7/31/17 3,084.50 330011 7/31/17 60,144.21 330012 7/31/17 489.37 330013 7/31/17 500.00 330014 7/31/17 553.32 330015 7/31/17 69.88 330016 7/31/17 7,344.00 330017 7/31/17 995.27 330018 7/31/17 109,839.33 330019 7/31/17 1,026.12 330020 7/31/17 3,803.12 330021 7/31/17 4,221.64 330022 7/31/17 32,925.82 330023 7/31/17 3,936.64 330024 7/31/17 32.00 330025 7/31/17 259.35 330026 7/31/17 5,891.55 330027 7/31/17 576.00 330028 7/31/17 43.16 330029 7/31/17 706.88 330030 7/31/17 105.00 330031 7/31/17 600.00 330032 7/31/17 140.00 330033 7/31/17 2,394.45 330034 7/31/17 12.31 330035 7/31/17 1,252.50 330036 7/31/17 405.00 330037 7/31/17 221.28 330038 7/31/17 1,040.00 330039 7/31/17 1,231.33 330040 7/31/17 27,868.09 330041 7/31/17 224.00 330042 7/31/17 25,000.00 330043 7/31/17 43,476.25 330044 7/31/17 14,068.10 330045 7/31/17 78.00 330046 7/31/17 3,435.86 330047 7/31/17 51.18 330048 7/31/17 250.00 330049 7/31/17 273.82 330050 7/31/17 568.64 330051 7/31/17 395.58 330052 7/31/17 12,000.00 330053 7/31/17 27,494.23 330054 7/31/17 112.95 330055 7/31/17 250.71 330056 7/31/17 76.10 330057 7/31/17 73.96 330058 7/31/17 5,000.00 CALIFO RNIA F__ 2/5 PAYEE SPECIAL SERVICES GROUP LLC STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE SUN BADGE COMPANY INC THE COUNSELING TEAM THE SOCO GROUP, INC. THOMSON REUTERS TIP OF SAN DIEGO COUNTY U S BANK U S HEALTHWORKS VCA EMERGENCY ANIMAL HOSPITAL VISION SERVICE PLAN WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY REGIONAL TRAINING CENTER ACEDO, I ACME SAFETY & SUPPLY CORP AFLAC ALIGNMENT EXPRESS OF CA INC ANDERSON, E ATKINS NORTH AMERICA INC BEARD, P BECK, L BISHOP, R BOEGLER, C BOOT WORLD BSE ENGINEERING INC BULL, P CAPF CALIFORNIA ASSOCIATION OF CODE CALIFORNIA LAW ENFORCEMENT CARRILLO, R CIRCULATE SAN DIEGO CITY OF SAN DIEGO CLF WAREHOUSE INC COLE, L COLLINSON, C COMMUNITY ROWING CONDON, D CORPUZ, T COUNTY OF SAN DIEGO CS LEGACY CONSTRUCTION INC DANESHFAR, Z DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DESROCHERS, P DI CERCHIO, A NATIONAL CI?? ?ATCORPQRAT8t WARRANT REGISTER #5 8/1/2017 DESCRIPTION GPS TRACKER / POLICE MOP 45704. OFFICE SUPPLIES / CITY CLERK MOP 45704. COPY PAPER / CSD P200 SUNTONE BADGE / NSD EMPLOYEE SUPPORT SERVICE JUNE 17 FUEL FOR RESCUE TOOLS / FIRE PENAL & VEHICLE CODE BOOKS / PD ON -SCENE, 24-HOUR VOLUNTEER RESPONSE CREDIT CARD EXPENSES / PD MEDICAL SERVICES STRAY ANIMAL CARE / PD VISION SERVICE PLAN / JUNE 2017 JUNE 2017 BACKGROUND MOP #45763/ELECTRONIC SUPPLIES/MIS COMMUNICATING W/ TACT CLASS / NSD RETIREE HEALTH BENEFITS /AUG 2017 3/4 CLIPS FOR STREET SIGNS / PW AFLAC ACCT BDM36 1 AUG 2017 SHOP SUPPLIES AND BRACKETS / PW RETIREE HEALTH BENEFITS / AUG 2017 NC ALLEY DESIGN PROJECT RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 MOP#64096 SAFETY APPAREL / PW POLICE STATION UPGRADE PROJECT RETIREE HEALTH BENEFITS / AUG 2017 FIRE LTD / AUG 2017 INVESTIGATIVE REPORT CLASS / NSD PD LTD / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 ACTIVE TRANSPORTATION P. PROJECT DISPATCHING SERVICES FOR FIRE MOP#80331 AUTO SUPPLIES / FLEET PW RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 LEARN TO ROW SUMMER CAMP CLASSES / CSD RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 MAIL PROCESSING SERVICES / JUNE 2017 PARADISE CREEK EDUC. PROJECT RETIREE HEALTH BENEFITS / AUG 2017 DENTAL INS PREMIER / AUG 2017 COBRA PREMIER DENTAL INS / JUNE 2017 PMI DENTAL INS / AUG 2017 COBRA DENTAL INS PMI / JUNE 2017 INVESTIGATIVE SERVICES JUNE RETIREE HEALTH E 2017 46 of 103 RETIREE HEALTH E 2017 CHK NO DATE AMOUNT 330059 7/31/17 1,872.38 330060 7/31/17 1,895.12 330061 7/31/17 1,362.94 330062 7/31/17 307.34 330063 7/31/17 800.00 330064 7/31/17 274.48 330065 7/31/17 715.79 330066 7/31/17 8,000.00 330067 7/31/17 1,057.04 330068 7/31/17 427.00 330069 7/31/17 567.23 330070 7/31/17 692.42 330071 7/31/17 585.00 330072 7/31/17 157.16 330073 8/1/17 150.00 330074 8/1/17 160.00 330075 8/1/17 76.13 330076 8/1/17 808.10 330077 8/1/17 1,920.73 330078 8/1/17 110.00 330079 8/1/17 23,720.00 330080 8/1/17 70.00 330081 8/1/17 140.00 330082 8/1/17 110.00 330083 8/1/17 260.00 330084 8/1/17 241.89 330085 8/1/17 92.50 330086 8/1/17 580.00 330087 8/1/17 931.00 330088 8/1/17 75.00 330089 8/1/17 2,058.00 330090 8/1/17 290.00 330091 8/1/17 12,208.20 330092 8/1/17 58,084.00 330093 8/1/17 18.27 330094 8/1/17 165.00 330095 8/1/17 420.00 330096 8/1/17 1,104.00 330097 8/1/17 280.00 330098 8/1/17 140.00 330099 8/1/17 4,456.85 330100 8/1/17 84,235.64 330101 8/1/17 250.00 330102 8/1/17 15,992.95 330103 8/1/17 45.22 330104 8/1/17 2,767.38 330105 8/1/17 71.94 330106 8/1/17 256.00 330107 8/1/17 110.00 330108 8/1/17 70.00 3/5 CALIFO RNIA F__ NisknoNAL law 1141CORPQRAT8D WARRANT REGISTER #5 8/1/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT DILLARD, S RETIREE HEALTH BENEFITS /AUG 2017 330109 8/1/17 480.00 DIVISION 8 INCORPORATED CITY WIDE ON SITE GLASS AND WINDOW REPAIRS 330110 8/1/17 10,960.00 D-MAX ENGINEERING ALLEY IMPROV. PROJECT 330111 8/1/17 3,750.00 DREDGE, J RETIREE HEALTH BENEFITS / AUG 2017 330112 8/1/17 250.00 EISER III, G RETIREE HEALTH BENEFITS / AUG 2017 330113 8/1/17 250.00 FABINSKI, D RETIREE HEALTH BENEFITS / AUG 2017 330114 8/1/17 220.00 FIFIELD, K RETIREE HEALTH BENEFITS / AUG 2017 330115 8/1/17 540.00 GELSKEY, K RETIREE HEALTH BENEFITS / AUG 2017 330116 8/1/17 115.00 GEOSYNTEC CONSULTANTS INC 2010 HAFFLEY AVE. PROJECT 330117 8/1/17 8,652.22 GIBBS JR, R RETIREE HEALTH BENEFITS / AUG 2017 330118 8/1/17 120.00 GONZALES, M RETIREE HEALTH BENEFITS / AUG 2017 330119 8/1/17 480.00 GRAINGER REAR VIEW CAMERA / FIRE 330120 8/1/17 502.10 HANDY METAL MART ALUMINUM SHEETING 330121 8/1/17 284.47 HANSON, E RETIREE HEALTH BENEFITS / AUG 2017 330122 8/1/17 135.00 HARLAN, M RETIREE HEALTH BENEFITS / AUG 2017 330123 8/1/17 500.00 HARRIS & ASSOCIATES INC GROUP SEWER DESIGN PROJECT 330124 8/1/17 3,825.00 HAUG, S RETIREE HEALTH BENEFITS / AUG 2017 330125 8/1/17 120.00 HEALTH NET FULL NETWORK 57135A / AUG 2017 330126 8/1/17 5,760.99 HEALTH NET HEALTH NET INS N7176F /AUG 2017 330127 8/1/17 1,470.86 HEALTH NET HEALTH NET N7177A / AUG 2017 330128 8/1/17 1,141.24 HEALTH NET HEALTH NET R1192Q /JUNE 2017 330129 8/1/17 638.26 HEALTH NET INC HEALTH NET INS R1192A / AUG 2017 330130 8/1/17 83,101.80 HERNANDEZ, R RETIREE HEALTH BENEFITS / AUG 2017 330131 8/1/17 400.00 HODGES, B RETIREE HEALTH BENEFITS / AUG 2017 330132 8/1/17 200.00 HONDO, E RETIREE HEALTH BENEFITS / AUG 2017 330133 8/1/17 110.00 IBARRA, J RETIREE HEALTH BENEFITS / AUG 2017 330134 8/1/17 780.00 INDEPENDENT FORENSIC SERVICES SEXUAL ASSAULT INTERVIEW / PD 330135 8/1/17 1,350.00 IRON MOUNTAIN RECORDS & DOCUMENT STORAGE MANAGEMENT 330136 8/1/17 180.00 JAMES, R RETIREE HEALTH BENEFITS / AUG 2017 330137 8/1/17 140.00 JOHNSON, S REIMBURSEMENT FOR TINY TOTS SUPPLIES 330138 8/1/17 35.75 JUNIEL, R RETIREE HEALTH BENEFITS / AUG 2017 330139 8/1/17 50.00 KAISER FOUNDATION HEALTH PLANS INSURANCE ACTIVE / AUG 2017 330140 8/1/17 183,082.57 KAISER FOUNDATION HEALTH PLANS RETIREES INS / AUG 2017 330141 8/1/17 20,156.04 KAISER FOUNDATION HEALTH PLANS RETIREES INS / AUG 2017 330142 8/1/17 6,757.37 KAISER FOUNDATION HEALTH PLANS HD H S A INS / AUG 2017 330143 8/1/17 4,178.83 KAISER FOUNDATION HEALTH PLANS RETIREES INS COBRA / JUNE 2017 330144 8/1/17 1,574.88 KIMBLE, R RETIREE HEALTH BENEFITS / AUG 2017 330145 8/1/17 300.00 KIMLEY HORN AND ASSOC INC EUCLID AVENUE PROJECT 330146 8/1/17 33,716.29 KONICA MINOLTA COPIER EQUIPMENT LEASE / JUNE 2017 330147 8/1/17 1,817.98 KTU&A NC DOWNTOWN SPECIFIC PROJECT 330148 8/1/17 4,430.00 LANDA, A RETIREE HEALTH BENEFITS / AUG 2017 330149 8/1/17 155.00 LIMFUECO, M RETIREE HEALTH BENEFITS / AUG 2017 330150 8/1/17 160.00 MASON'S SAW MOP#45729 GENERAL SUPPLIES / FLEET PW 330151 8/1/17 456.34 MATIENZO, M RETIREE HEALTH BENEFITS / AUG 2017 330152 8/1/17 100.00 MC CABE, T RETIREE HEALTH BENEFITS / AUG 2017 330153 8/1/17 280.00 MCGOUGH, J TRAINING ADV SUB ROT / PD 330154 8/1/17 384.00 MEDINA, R RETIREE HEALTH BENEFITS / AUG 2017 330155 8/1/17 105.00 METRO AUTO PARTS DISTRIBUTOR MOP#75943 AUTO SUPPLIES / FLEET PW 330156 8/1/17 217.91 MINER, D RETIREE HEALTH E 2017 330157 8/1/17 580.00 47 of 103 MYERS, B RETIREE HEALTH E 2017 330158 8/1/17 140.00 CALIFO RNIA F__ 4/5 PAYEE NOTEWARE, D OCANA, A O'REILLY AUTO PARTS PALM ENGINEERING PAUU JR, P PEASE JR, D PENSKE FORD PEPPERBALL PETERS, S POST, R PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC RAY, S RELIANCE STANDARD RIVERSIDE COUNTY SHERIFF DEPT ROARK, L RUIZ, J SABALA, A SAFRAN MORPHOTRUST SAM'S ALIGNMENT SCST INC SDG&E SERVATIUS, J SHINN, D SHORT, C SMITH, J STAPLES BUSINESS ADVANTAGE STEWART, W STRASEN, W SWEETWATER AUTHORITY THE LINCOLN NATIONAL LIFE INS TIPTON, B U S BANK UNITED ROTARY BRUSH CORP VERRY, L VILLAGOMEZ, J VISION SERVICE PLAN WAXIE SANITARY SUPPLY WHITE, J WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM UNION BANK OF CALIFORNIA PUBLIC EMP RETIREMENT SYSTEM NATIONAL CI?? ?ATCORPQRAT8t WARRANT REGISTER #5 8/1/2017 DESCRIPTION RETIREE HEALTH BENEFITS /AUG 2017 REIMB / GOVERNMENTAL ACCOUNTING CONF / FIN MOP#75877 AUTO PARTS / FLEET PW DIVISION STREET TRAFFIC C. PROJECT RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 MOP#49078 AUTO PARTS / FLEET PW SUPPLIES FOR POLICE RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 MOP# 45707. PAINT SUPPLIES / NSD SEWER LINE REPLC. PROJECT MOP#45742 LAUNDRY SERVICES / PW N.C. CORRECTIVE ACTION PHASE PROJECT RETIREE HEALTH BENEFITS / AUG 2017 VOLUNTARY LIFE INS / AUG 2017 TRAINING TUITION ROT / MCGOUGH / PD RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 TRAINING REIM SEARCH AND SIERZURE / PD INVESTIGATIVE SERVICES JUNE MOP# 72442 ALIGNMENT / FLEET PW DIVISION ST. TRAFFIC C. PROJECT WASTEWATER - GAS & ELECTRIC UTILITIES RETIREE HEALTH BENEFITS / AUG 2017 REIMBURSEMENT FOR TINY TOTS SUPPLIES RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 MOP 45704. SPECIAL EVENTS SUPPLY / CSD RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 WASTEWATER DIVISION WATER UTILITIES LIFE & AD&D, STD, LTD INS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 CREDIT CARD EXPENSES / CSD MOP#72442 AUTO PARTS / FLEET PW RETIREE HEALTH BENEFITS / AUG 2017 RETIREE HEALTH BENEFITS / AUG 2017 VISION SERVICE PLAN (CA) / JUL 2017 MISCELLANEOUS JANITORIAL SUPPLIES / PW RETIREE HEALTH BENEFITS / AUG 2017 FY 2018 ANNUAL AUL PREPAYMENT GO BONDS OBLIGATION RFND BONDS 2012 SERVICE PERIOD 07/04/17 - 07/17/17 CHK NO DATE AMOUNT 330159 8/1/17 120.00 330160 8/1/17 102.10 330161 8/1/17 15.99 330162 8/1/17 391,257.96 330163 8/1/17 340.00 330164 8/1/17 140.00 330165 8/1/17 375.23 330166 8/1/17 1,098.00 330167 8/1/17 290.00 330168 8/1/17 280.00 330169 8/1/17 94.40 330170 8/1/17 62,798.34 330171 8/1/17 613.12 330172 8/1/17 1,200.00 330173 8/1/17 190.00 330174 8/1/17 3,152.24 330175 8/1/17 160.00 330176 8/1/17 135.00 330177 8/1/17 310.00 330178 8/1/17 126.99 330179 8/1/17 14.00 330180 8/1/17 797.21 330181 8/1/17 22,184.75 330182 8/1/17 6,620.41 330183 8/1/17 340.00 330184 8/1/17 40.94 330185 8/1/17 300.00 330186 8/1/17 320.00 330187 8/1/17 342.08 330188 8/1/17 200.00 330189 8/1/17 135.00 330191 8/1/17 38,765.77 330192 8/1/17 10,019.08 330193 8/1/17 250.00 330194 8/1/17 894.17 330195 8/1/17 132.72 330196 8/1/17 280.00 330197 8/1/17 480.00 330198 8/1/17 692.42 330199 8/1/17 1,249.06 330200 8/1/17 230.00 A/P Total 1,578,886.08 426792 7/27/17 4,714,569.39 870447 7/31/17 324,533.14 7272017 7/27/17 235,780.27 SECTION 8 HAPS Start Date 7/26/2017 48 of 103 :nd Date 3/1/2017 860,390.00 5/5 PAYEE PAYROLL Pay period Start Date 16 7/18/2017 CALIFORNIA�_ o INCORORPQA,ATED WARRANT REGISTER #5 8/1/2017 DESCRIPTION End Date 7/31/2017 Check Date 8/9/2018 CHK NO DATE AMOUNT 1,142,017.17 GRAND TOTAL $ 8,856,176.05 49 of 103 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 ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF SEPTEMBER 2017. AYES NAYS ABSENT 50 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 51 The following page(s) contain the backup material for Agenda Item: Warrant Register #6 for the period of 08/02/17 through 08/08/17 in the amount of $700,333.90. (Finance) 51 of 103 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 19, 2017 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #6 for the period of 08/02/17 through 08/08/17 in the amount of $700,333.90. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finan APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 08/02/17 through 08/08/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation ESGIL Corporation 330234 214,239.33 Permit Processing & Plan Reviews / Bldng Escrow Concepts 758553 355,500.00 Purchase of Property on 420 W 21st Street FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $700,333.90. APPROVED: / - FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $700,333.90 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #6 52 of 103 CALIFORNIA+�__ 1/2 PAYEE HURTADO, MARIA GUADALUPE WATSON, S 4 IMPRINT INC ACE UNIFORMS & ACCESSORIES INC ADAMSON POLICE PRODUCTS AETNA RESOURCES FOR LIVING AMERICAN BACKFLOW SPECIALTIES ASSI SECURITY INC AT&T AT&T AWARDS AND MORE CO BEST BEST & KRIEGER ATTNY LAW BIGGERFISH DBA BJ'S RENTALS INC C H COURT TECH INC CANO COREA, A CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL COURTESY AUTO OF ORANGE COUNTY COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DATA TICKET INC DIMENSION DATA D-MAX ENGINEERING DURAN, D ESGIL CORPORATION EXPRESS PIPE AND SUPPLY CO INC FLEET SERVICES INC FOREMOST PROMOTIONS HANDY METAL MART HUTCHINSON, C JERAULDS CAR CARE CENTER JJJ ENTERPRISES KIMLEY HORN AND ASSOC INC KITTRICH CORPORATION KLEAN KANTEEN KONE KONICA MINOLTA LASER SAVER INC LEHR AUTO ELECTRIC LIEBERT CASSIDY WHITMORE LONG, D MAGDALENA DEL ROCIO HEDRICK NATIONAL CI?? ?ATCORPQRAT8t WARRANT REGISTER #6 8/8/2016 DESCRIPTION RELOCATION COSTS FOR TENANT / HOUSING REIMB. CACEO MODULE ACADEMY COURSE / NSD I LOVE NATIONAL CITY DECALS / CANO STARS AND BARS UNIFORM / POLICE BALLISTIC VESTS / POLICE EMPLOYEE ASSISTANCE PROGRAM AUGUST PURCHASE OF GAUGES & VALVES / PW PARTS & LABOR FOR SERVICE CALL / MIS AT&T PHONES JULY 2017 AT&T PHONES JULY 2017 LIGHT BROWN ROUND COASTER / POLICE LIABILITY CLAIM COST STRESS RELIEVER POLICE CARS / PD LIFT SCISSOR EQUIPMENT RENTAL / PW FLOORING AND MATERIALS / CSD TRAVEL EXPENSES / HOUSING TRAINING MUNICIPAL SEWER TRANSPORTATION SVCS AGREEMENT TO PROVIDE MONTHLY SERVICES MOP#80331 AUTO PARTS AND SUPPLIES / PW CHEMICALS FOR POOL / PW KIT TO REBUILD BACKFLOW / PW 2017 DODGE GRAND CARAVAN SE COX CABLE JULY 2017 PROFESSIONAL SERVICES JULY LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST TIRES FOR CITY FLEET FOR FY 2018 TICKET APPEALS JUNE 2017 / NSD PARTS & LABOR FOR SERVICES URBAN GREENING GRANT APPLICATION TRAINING REIMB TACTICAL BREACHER / PD PERMIT PROCESSING & PLAN REVIEWS / BLDNG COOLER FILLING STN FOR LIBRARY MOP#67804 AUTO PARTS AND SUPPLIES / PW JR STRESS RELIEVER ALUMINUM SHEETING REIMBURSEMENT FOR RECORDING DOC / ENG MOP#72449 AUTO PARTS AND SUPPLIES / PW 74379 FIRE ALARM SVCS & PREVENTION SR2S PROJECT CANOPIES AND TABLECLOTHS FOR EVENTS / CSD KLEAN KANTEEN STAINLESS INSULATED / PD MAINTENANCE / PW COPIER EQUIPMENT LEASE / JUNE 2017 TONER / MIS SOLENOID 100AMP - AUTO PART FOR FLEET TRAINING WEBINAR / RISK TRAINING ADV S E REIMB: FOR BAC 53 of 103 CK CHK NO DATE AMOUNT 330202 8/3/17 2,794.12 330203 8/3/17 77.58 330204 8/8/17 339.52 330205 8/8/17 135.64 330206 8/8/17 3,191.81 330207 8/8/17 819.82 330208 8/8/17 398.20 330209 8/8/17 1,060.00 330210 8/8/17 9,145.56 330211 8/8/17 324.72 330212 8/8/17 749.07 330213 8/8/17 531.00 330214 8/8/17 495.29 330215 8/8/17 853.37 330216 8/8/17 5,631.74 330217 8/8/17 1,148.12 330218 8/8/17 924.65 330219 8/8/17 6,300.00 330220 8/8/17 15.32 330221 8/8/17 2,279.22 330222 8/8/17 1,022.29 330223 8/8/17 24,049.03 330224 8/8/17 174.00 330225 8/8/17 2,940.00 330226 8/8/17 8,357.98 330227 8/8/17 6,001.61 330228 8/8/17 1,785.90 330229 8/8/17 3,403.57 330230 8/8/17 1,753.40 330231 8/8/17 1,785.00 330232 8/8/17 21,517.62 330233 8/8/17 114.55 330234 8/8/17 214,239.33 330235 8/8/17 5,972.32 330236 8/8/17 420.53 330237 8/8/17 421.53 330238 8/8/17 496.97 330239 8/8/17 62.50 330240 8/8/17 173.78 330241 8/8/17 1,820.00 330242 8/8/17 1,022.52 330243 8/8/17 1,733.48 330244 8/8/17 2,357.29 330245 8/8/17 8,180.74 330246 8/8/17 133.95 330247 8/8/17 681.37 330248 8/8/17 207.17 330249 8/8/17 70.00 330250 8/8/17 384.00 330251 8/8/17 20.00 CALIFO RNIA F__ 2/2 PAYEE MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY NAVARRO, L O'REILLY AUTO PARTS ORKIN PENSKE FORD PRO BUILD PRUDENTIAL OVERALL SUPPLY RAMOS, D RIVERSIDE COUNTY SHERIFF DEPT RON TURLEY ASSOCIATES INC SAN DIEGO FRICTION PRODUCTS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SDG&E SEGAL, M SHEPHARD, S SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOLAR CITY SOUND SOLUTION AUTO STYLING SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES BUSINESS ADVANTAGE STC TRAFFIC INC SUPERIOR READY MIX SWANK MOTION PICTURES INC SWEETWATER AUTHORITY TALLAL INC TOPECO PRODUCTS U S BANK U S BANK U S HEALTHWORKS ULINE UNDERGROUND SERVICE ALERT UNITED RENTALS VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VORTEX INDUSTRIES INC WAXIE SANITARY SUPPLY WE GREEN SOUTHERN CALIFORNIA WILLDAN FINANCIAL SERVICES WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC WIRED PAYMENTS ESCROW CONCEPTS NATIONAL CI?? ?ATCORPQRAT8t WARRANT REGISTER #6 8/8/2016 DESCRIPTION LIABILITY CLAIM COST MOP# 75943 AUTO PARTS PURCHASES / FLEET 3014. 15LB CO2 RECHARGE / FIRE TRAINING REIM SEARCH AND SEIZURE / PD MOP#75877 AUTO PART SUPPLIES / FLEET PW PEST CONTROL MONTHLY SERVICES / PW R&M CITY VEHICLES FOR FY 2018 MOP 45707 SUPPLIES FOR FIRE DEPT MOP#45742 LAUNDRY SERVICES / PW EDUCATION REIMBURSEMENT TRAINING TUITION ROT/ PD ANNUAL MAINTENANCE SOFTWARE MOP# 80333 AUTO PARTS SUPPLIES / FLEET TRAINING MATERIAL FEE BASIC SUPER / PD LEGAL NOTICES ADVERTISING / JUNE 2017 WASTEWATER - GAS & ELECTRIC UTILITIES TRAINING ADV SUB ROT / PD TRAINING RIEMB SHERMAN BLK/PD MOP SUPPLIES FOR RISK DEPT VEHICLE IMPOUND WARNING DECAL / NSD BUILDING FEE REFUND WINDOW TINT / PW MONTHLY INTERSECTION MAINTENANCE JUNE WATER SERVICE / JUNE 2017 MOP 45762. OFFICE SUPPLIES / PD T & A #90181 REFUND COLD MIX ASPHALTS & TACK OIL / PW SUMMER MOVIES IN THE PARK WASTEWATER DIVISION WATER UTILITIES SUMMER MOVIES IN THE PARK MOP 63849. SUPPLIES FOR FIRE DEPT CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / HR MEDICAL SERVICES TV CART AND GYM MATS FOR CASA DE SALUD UNDERGROUND SERVICE ALERT FY 2018 GENERATOR RENTAL FOR POLICE DEPARTMENT STRAY ANIMAL VET CARE VERIZON WIRELESS JULY 2017 REPAIRS TO ROLLING DOORS - PD CUSTODIAL SUPPLIES / PW BUILDING FEE REFUND USER FEE STUDY MOP #45763/ELECTRONIC SUPPLIES / MIS REFACE AND RESHEET CITY STREET SIGNAGE / PW PURCHASE OF PROPERTY ON 420 W 21ST STREET CHK NO DATE AMOUNT 330252 8/8/17 1,517.00 330253 8/8/17 1,050.54 330254 8/8/17 174.78 330255 8/8/17 137.34 330256 8/8/17 191.32 330257 8/8/17 437.36 330258 8/8/17 3,707.70 330259 8/8/17 103.69 330260 8/8/17 95.31 330261 8/8/17 1,151.76 330262 8/8/17 320.00 330263 8/8/17 1,654.38 330264 8/8/17 186.88 330265 8/8/17 88.82 330266 8/8/17 612.40 330267 8/8/17 3,898.02 330268 8/8/17 384.00 330269 8/8/17 93.69 330270 8/8/17 488.77 330271 8/8/17 639.46 330272 8/8/17 501.00 330273 8/8/17 350.00 330274 8/8/17 13,754.38 330275 8/8/17 12.00 330276 8/8/17 1,265.00 330277 8/8/17 2,545.00 330278 8/8/17 220.89 330279 8/8/17 565.00 330280 8/8/17 721.71 330281 8/8/17 416.00 330282 8/8/17 39.99 330283 8/8/17 3,389.26 330284 8/8/17 1,055.81 330285 8/8/17 755.00 330286 8/8/17 719.82 330287 8/8/17 235.50 330288 8/8/17 4,244.32 330289 8/8/17 1,278.04 330290 8/8/17 13,017.43 330291 8/8/17 1,654.73 330292 8/8/17 2,659.51 330293 8/8/17 265.00 330294 8/8/17 1,907.50 330295 8/8/17 285.23 330296 8/8/17 1,283.43 A/P Total 344,833.90 758553 8/7/17 355,500.00 54 of 103 GRAND TOTAL $ 700,333.90 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 ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF SEPTEMBER 2017. AYES NAYS ABSENT 55 of 103 CC/CDC-HA Agenda 9/19/2017 — Page 56 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit modification for distilled spirits at an existing beer and wine -licensed restaurant (Tita's II) located at 3421 East Plaza Blvd. (Applicant: Roger Speir) (Case File 2017-09 CUP) 56 of 103 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;September 19, 2017 AGENDA ITEM NO. ITEM TITLE: [Notice of Decision — Planning Commission approval of a Conditional Use Permit modification for distilled spirits at an existing Neer and wine -licensers restaii grant (Tita'C I!) !crated at 3421 East Plaza Blvd. (Applicant: Roger Speir) (Case File 2017-09 CUP) PREPARED BY: !Martin Reeder, AICP DEPARTMENT: (PIr PHONE: I336-4313 I APPROVED BY: EXPLANATION: The business owner has applied for a Conditional Use Permit (CUP) modification to se I distilled spirits at an existing restaurant (Tita's 11) that was previously approved to sell beer and wine (CUP 2010-29). The existing restaurant was also approved for karaoke and live entertainment at that time. The business would continue to operate, as previously approved, from 10:00 a.m. until 1:00 a.m. daily, with alcohol sales ceasing at midnight. Planning Commission conducted a public hearing on June 5, 2017. Commissioners asked questions regarding business operations and the crime rate. The Commission asked staff to return with a resolution denying the CUP; however, no action was taken and staff was asked to return with resolutions for both approval and denial. At the August 21, 2017 meeting, the Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.} FINANCIAL STATEMENT: ACCOUNT NO. i ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: 1 j FINAL ADOPTION: APPROVED: APPROVED: Fina , e MIS STAFF RECOMMENDATION: ;Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: !The Planning Commission approved the Conditional Use Permit. Ayes: Flores, Garcia, Sendt, Quintero, Yamane Abstain: DelaPaz Absent: Baca ATTACHMENTS: 1. Overhead 4. Reduced Plans 2. Planning Commission Staff Report 5. Police Department comments. 3. Resoiution No. 2017-21 a 6. Correspondence from 6/5/17 PC meeting 57 of 103 2017-09 CUP — 342/ East Plaza Blvd. — ©ve:-head Attachment 1 58 of 103 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 01950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel Nos.: Staff report by: Applicant: Zoning designation: Adjacent zoning: North: East: South: West: Environmental review: Staff recommendation: Item no. 5 June 5, 2017 PUBLIC HEARING — CONDITIONAL USE PERMIT MODIFICATION FOR DiSTiLLED SPIRITS AT AN EXISTING BEER AND WINE -LICENSED RESTAURANT (TITA'S II) LOCATED AT 3421 EAST PLAZA BOULEVARD. 2017-09 CUP 3421 East Plaza Boulevard 669-101-05 Jessica Madamba, Planning Technician Roger Speir MXD-1 (Minor Mixed -Use District) Commercial Suites / MXD.,1 �air+aie Family Residential / RS-1 (Large Lot Residential) Apartment Building / RM-2 (High Density. Multi -Unit Residential) Commercial Suites / MXD-1 Not a project per California Environmental Quality Act Approve Attachment 2 59 of 103 Planning Commission Meeting of June 5, 2017 Page 2 BACKGROUND The business owner has applied for a Conditional Use Permit (CUP) modification to sell distilled spirits at an existing restaurant (Tita's II) that was previously approved to sell beer and wine (CUP 2010-29). The existing restaurant was also approved for karaoke and live entertainment. The business would continue to operate from 10:00 a.m. until 1:00 a.m. daily, with alcohol sales ceasing at midnight. A Type 47 (On -Sale Distilled Spirits) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). History The restaurant has been in operation for about seven years and has operated another business, Tita's Kitchenette, at 2720 Plaza Blvd. for almost 20 years. In 2010, Tita's II Restaurant received an alcohol license for on -sale beer and wine from ABC, which was approved by the City through a Conditional Use Permit (CUP-2010-29). The original CUP also permitted karaoke and live entertainment. Site Characteristics The project location is an existing 4,200 square -foot suite located at 3421 East Plaza Boulevard, in the Minor Mixed -Use District (MXD-1) zone. The area is adjacent to other commercial uses within the Plaza East Shopping Center. Single-family residential uses are located to the east in the Small Lot Residential (RS-2) zone and Multi -unit residential uses are located to the south in the High Density Multi -Unit Residential (lM-2) zone. Proposed Use The applicant is proposing to sell distilled spirits in addition to beer and wine. The floor plan provided with this application shows 20 separate seating tables, six booths, and provides 80 seats within the building. The restaurant also includes an outdoor seating area, which provides 21 tables and 58 seats. No alcohol is served outdoors. The applicant wishes to modify their existing CUP, which approved beer and wine sales to include distilled spirit sales in the restaurant, which requires modification of the existing CUP. Alcohol would continue to be delivered to the table upon request with the sale of food. Live entertainment will continue as part of business operations. No change to the existing operating hours or construction is proposed. 60 of 103 Planning Commission Meeting of June 5, 2017 Page 3 Analysis Section 18.30.050 of the Land Use Code (LUC) allows for on -site alcohol sales with an approved CUP. The proposal to sell distilled spirits triggers the need for a modification to the existing CUP. Additional requirements for alcohol CU Ps 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 app=ications. Notice of this public hearing was sent to 189 people, 74 occupants, and 115 owners. Community Meetinq — Pursuant to Section 18.30.050 (C), a co Immunity meeting was held Monday, April 24, 2017 at 6:00 pm at the subject restaurant. The meeting advertisement is attached. There were no community members in attendance. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (which applies in this case) are exempt from this distance requirement. There is one school within 660 feet, Ira Harbison Elementary School. Public Comments — One public comment was received expressing concerns of the proposal. The concerns include possibie noise issues, late business operating hours, and possible increases to neighborhood disturbances (Attachment 9). Required findings The Municipal Code contains required findings for CUPs. 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 District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 61 of 103 Planning Commission Meeting of June 5, 2017 Page 4 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the Generai Plan. A restaurant use is consistent with the Minor Mixed - Use land use designation contained in the Land Use and Community Character (LU) 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 restaurant in an existing commercial space, 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 food, no measurable increase in traffic is expected. 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 alcohol sales would be accessory to a restaurant 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 detriments! 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 is consistent with the previously approved CUP and will be subject to the original conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 12:00 a.m. and will only be available with the sale of food. In addition, all business staff is required tc receive Responsible Beverage Service & Saies (RBSS) Training. 62 of 103 Planning Commission Meeting of June 5, 2017 Page 5 6. That the proposed project has been reviewed in complia rice with the California Environmental Quality Act (CEQA). The project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. 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. In this case the alcohol sales will contribute to the viability of a restaurant, an allowed use in the Minor Mixed -Use District (MXD-1) zone. Department and Agency comments Alcohol Sales Concentration/Location - Per ABC, there are currently two on -sale licenses authorized for Census Tract (120.02). For reference, the alcohol outlets in the census tract are: Narra Address License Type* 1 CUP Gapo Resto and Karaoke 933 S Harbison Ave. 41 Tita's Kitchenette II 3421 E Plaza Blvd i 41 * Type 41 - On -Sale Beer and Wine for Bona Fide Public Eating Place Both of the alcohol licenses are restaurants, which also includes the existing beer and wine license for the subject property. The existing restaurant will be subjoc to the most recent Council Policy standards for on -sale alcohol CUPs. Census tract 120.02 includes the area between Highway 805 and East Plaza Boulevard, and between East 8th Street and East Plaza Boulevard. The attached census tract map shows the location of the subject tract. Per State ABC there are 63 of 103 Planning Commission Meeting of June 5, 2017 Page 6 currently two on -safe licenses in this census tract (120.02) where a maximum of four are recommended. No new licenses are being added with this proposal. Police Department As of the writing of this report, no comments have been received from the Police Department (PD). However, based on recent ABC Risk Assessments provided by the PD, this business could be expected to be allocated approximately 11 or 12 points, which would be considered a Low Risk. Institute for Public Strategies (IPS) As of the writing of this report, no comments have been received from IPS. However, based on recent comments provided for alcohol CUPs, IPS typically recommends that owners, management, and staff be required to attend the RBSS training. This requirement is a standard condition of City Council Policy 707 and is included as a condition of approval. Conditions of Approval The Conditions of Approval from the previous CUP (CUP 2010-29), stated in City Council Resolution 2011-39, would still apply to the property unless otherwise specifically modified. Additional conditions have been added specific to on -sale alcohol sales per Council policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan because distiiied spirit sales for on -site consumption are a conditionally -allowed use in the Minor Mixed -Use District Zone. A CUP was approved for beer and wine sales at the property (CUP 2010-29), and the modifications comply with the objectives, standards, guidelines, and conditions of the original CUP. The proposed use to sell distilled spirits would be accessory to the existing restaurant use in a commercial area, which is not expected to increase the demand for parking or other services on the property. The addition of alcohol sales is not expected to have any significant effects on the area. 64 of 103 Planning Commission Meeting of June 5, 2017 Page 7 OPTIONS 1. Approve 2017-09 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Con -Emission; or 2. Deny 2017-09 CUP based on findings as determined by the Planning Commission; or, 3. Continue the item for additional information ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Census Tract Map 5. Public Hearing Notice (Sent to 115 property owners & 74 Occupants) 6. Community meeting advertisement, sign -in sheet, and minutes 7. City Council Resolution 201 1 -39 8. Applicant's Plans (Exhibit A, Case File No. 2017-09 CUP, dated 3/30/2017) 9. Public Comments JESSICA MADAMBA Planning Technician Deputy City Manager 65 of 103 RECOMMENDED FINDINGS FOR APPROVAL 2017-09 CUP — 3421 East Plaza Boulevard 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohoi sales for on -site consumption are a conditionally -allowed use in the Minor Mixed Use District. 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. In addition, a restaurant use is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, 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, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed modification to sell distilled spirits at the existing wine -licensed restaurant is consistent with the previous approved use and is similar in nature to surrounding area uses. The modification will be subject to the original conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 12 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 66 of 103 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been deterrn ned that the proposed use is not a project per the Act. There is no calculable in crease in traffic and no other impacts are anticipated; therefore, the project try u!d not result in any physical changes to the environment. That the proposed use is deemed essential and desirable tc, the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Minor Mixed -Use District (MXD-1) zone. 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. 67 of 103 RECOMMENDED CONDITIONS OF APPROVAL 2017-09 CUP — 3421 East Plaza Boulevvir-d General 1. This Conditional Use Permit modification authorizes the sale of distilled spirits at an existing restaurant with beer and wine sales, located at 3421 East Plaza Boulevard. Unless specifically modified by this resolution, all previous Conditions of Approval as stated in City Council Resolution nn 201 39 are still in effect. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2017-09 CUP, dated 3/30/2017. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. Within four (4) days of approval, pursuant to Fish and Game Code 711 A and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. CA-et;ks Ghaii be made payable to the County Clerk and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 68 of 103 Tanning 7. 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 b:y the Institute of Public Strategies. 8. The sale of alcohol shall not exceed the sale of food. With th c 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 judgement to verify that the sale of alcohol does not exceed the sale of food. Ali information obtained by an investigation of records shall remain confidential. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 12:00 a.m. daily. 69 of 103 August 25, 2014 CensusTracts 2010 1:45,467 ') 0,375 0.75 1.5 mi 0 0.5 1 2 km SouneFs Esri, HERE, Delorm0. TomTem, tntermap, increment P C. GE8CO3 USGS, FAO, PPS, N2CAN, Geottase, IGN. Kedastnr M., Ordnance &rny. Esrl Japan, METI, Esd Chins (Nona Kong), misstep*, Mapmylydla, OperStreeMap001SM:uteri%and th GiSUse rCommunKy 70 of 103 O CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT MODIFICATION TO ADD DISTILLED SPIRITS TO AN EXISTING BEER AND WINE LICENSE AT TITA'S II RESTAURANT LOCATED AT 3421 EAST PLAZA BLVD. CASE FILE NO.: 2017-09 MCUP APN: 669-101-05 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, June 5, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Roger Speir) The applicant proposes to amend the existing CUP that allows for onsite consumption of beer and wine (ABC Type 41 license) at the restaurant to also include distilled spirits (Type 47 license). The previously approved CUP includes live entertainment. Operating business hours will remain as 10:00 a.m. to 1:00 a.m. daily with alcohol sales ceasing at midnight. Inform.ation is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written c mmants should be received on or before 12:00 p.m.. JUne 5, 2017 by the Planning Department, who can be contacted at 619-336-4310 or plannindAnationalcitvca.gov if you challenge the nature of the proposed :action In courv, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY' PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 71 of 103 r: TITA'S II RESTAURANT 3421 E. PLAZA BLVD NATIONAL CITY, CA. 91950 RE: COUITIONAL USE PERMIT NO. 2010-29 CUP 13 April 2017 Tata's II Restaurant entered the State lottery for a type 47 license (On sale — C erterai liquor license). A requirement for this license is that the applicant must have a bona fide public eating place. The restaurant was selected to file a formal application by January 11t this year. After filing the formal application, I must have certain requirements met, 1-- Must have a Community meeting, and i must notify all within certain areas of intent to have this meeting. This is to notify all concerned that the community meeting is scheduled for .4 April 2017 (Monday evenit at 6 PM. Meeting place will be at the restaurant (Thais II — 3421 E. Plaza Blvd., National City, Ca. 91950. All interested in attending are invited. 2 — After having the community meeting, and meeting other requirements, I will make application for a Conditional Users Permit from the City of National City . 3 —1 am also giving my e-mail address for all to ask questions and I will either reply or address concerns at my community meeting, at which time we will address all concerns. Sincerely, Roger L. Speir — owner E-Mail - rstitascorp@gmail.com 72 of 103 Meeting Sign In Project: //gym 2*fre Facilitator: pft 7 720 S Place/Room: •lesa i,ode . Date: " 2' Time: !p AAA PRINT NAME AteiRIMINNO... 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Templates by Vertex42.com 73 of 103 © 2009-2014 Vertex42 LLC RESOLUTION 2011 y- 39 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAT ANAL CITY APPROVING A CONDITIONAL USE PERMIT FOR THE EXPANSION OF AN Ex: STING RESTAURANT AND Ti-EE MODIFICATION OF NONCONFORMING ALCOHOL SALES AT 3421 EAST PLAZA e CULEVARD APPLICANT: ROGER SPEIR; CASE FILE NO. 2010-29 CUP WHEREAS, the City Council considered a Conditional Use F err::it for the expansion of an existing restaurant and the modification of nonconforming alcohol sales at 3421 East Plaza Boulevard (APN: 669-101-05) at a duly advertised public hear_ leas held on February 1, 2011, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearings the City Council considered the staff report contained in Case File No. 2010-29 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 peocedures required by State Paw 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 City Council of the City of National City that the testimony and evidence presented to the Clty Council at the public hearings held on February 1, 2011, support the following findings: 1. That the site for the proposed use is adequate in size and shape, since an alcohol license has been associated with this property for some time, and the proposed entertainment would be an accessory use to the existing restaurant in an existing neighborhood commercial center, and is not expected to significantly increase the demand for parking in the center. 2. That the site has sufficient access to streets and highways that ale adequate in width and pavement type to carry the volume and type of traffic generated by the proposeo use, since Plaza Boulevard is classified as an arterial street in the Circulation Element, and the addition of accessory live entertainment is not expected to result in an appreciable Increase In traffic. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, since the proposed use will be subject to conditions that restrict the hours that alcohol wlii be available, require compliance with City noise standards, and require the purchase of food with any alcohol purchase. 4. That the proposed use is deemed essential and desirable to the public convenience and welfare, since it will contribute to the viability of a restaurant, an established and allowed use in the applicable commercial zone. 5. That public convenience and necessity may be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 74 of 103 Resolution No. 2011— 39 Page 2 BE IT FURTHER RESOLVED that the application for Condtiori Use Permit is approved subject to the following conditions: GENERAL 1. Titus Conditional Use Permit authorizes live entertainment and the on -sale of beer and wine within a restaurant located at 3421 East Plaza Boulevard. Consumption of alcoholic beverages and live entertainment shall be iit::ited to cr area In substantial conformance with Exhribit B, Case File No. 2010-29 CUP, dated October 28, 2010. 2. Within four (4) days of approval, pursuant to Fish and Game Code Section 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees to the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval, unless extended according to procedures specified in Section 18.116.190 of the National City Municipal Code. 4. This permit shall expire if the use authorized by this Resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 5. This Conditional Use Permit ;may be revoked if the operator is found to be in violation of Conditions of Approval. 6. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Lies Permit. The AKIplicent :shah also submit evidence to the satisfaction of the Development Seri= Director that a Notice of Restriction on Real Property is recorded with the County Recorder: The applicant shall p y 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 Development Services Director prior to recordation. BUILDING 7. Any plans submitted for improvements must comply with the current editions of the California Building Code, the California Mechanical Code, the California Plumbing Code, the California Electrical Code, and California Title 24 Energy and Handicapped Regulations. 75 of 103 Resolution No. 2011— 39 Page 3 FIRE 8. Plans submitted for improvements must comply with the current edit ins of the CFC, NFPA, Title 19_ and National City Municipal Codes. 9. The required width of emergency fire apparatus access roads shai not be obstructed in any manner, including parking of vehicles. All access roads shall b no Tess than 2n feet wide, no iess than 14 teet high, and shall have an all weathered ro a d with the ability to support 75 thousand pounds or greater. Where a fire hydrant is located on a fire apparatus road, the minimum road width shall be 26 feet. 10. The project shall be evaluated for sprinkler and fire alarm requirements. 11. A contractor license is required. Fire Protection Systems require a C-16 license, and a Fire Alarm Systems require a C-10 license. The stamp shall be visible on all sets of plans. 12. Fire Sprinkler, Fire Alarm, Fire Protection Systems, and Fire Underground plans are to be directly submitted to the National City Fire Department under se parate permit for review and permitting. Fees along with three sets of plans, including all "Cut Sheets and Calculations" shall be included upon submittal. Plan review shall be a 30 day plan review process, or 21 working days. No over the counter plan reviews accomplished. 13. Supervision (Fire Alarm) of sprinkler piping and fire detection devices shah be automatically supervised where more than 20 sprinklers are on the system. 14. Plans will not be reviewed until fees have been paid. Check is payable to the City of National City. 15. Upon submittal for permit, the following shall be included for underground: • Data sheet for Sack -Flows • Data sheets for Private and Commercial Hydrants • Data sheets for Post Indicator Valves 16. Should any plan corrections be required, contractor must correct the plan and re -submit to the Fire Department for approval once again prior to installation. 17. Onee plans are approved, contact will be made with the contractor. Contractor will be required to retrieve the approved plan from the National City Fire Department. The contractor will be required to sign the permit and pick up the approved plans. Work may not commence prior to plan pick-up. 18. A rough inspection of all work is required prior to closure. All rough work shall be visible at time of inspection 76 of 103 Resolution No. 2011 —39 Page 4 19. A request for an inspection shall be made 48 hours in advance. Inspection shall be made once work is complete utilizing approved and stamped plans_ Contractor shall be required to have the approved plans on site per code. 20. Ali contractors shall possess a National City New Business License prior to Fire Department plan submittal. A copy of the New Business License will be required at time of plan submittal. 21. Fxit signs shall be Illuminated with green lettering per National City Ordinance requirements. 22. FDC caps to be Knox FDC Plugs. The application must be acquired from the National City Fire Department Administration Office. 23. if entrance/exit gates are used, gates shall be equipped with Knox Box and Emergency Strobes so as to provide emergency vehicle access and egress. A Knox Key Switch shall be required in conjunction with strobe for emergency access, and shall be placed at front of property. Please contact the National City Fire Department for exact field location. 24. During construction, project shall strictly following Chapter 14 of the California Fire Code edition "Fire Safety During Construction Alteration or Demolition of a Building". PLANNING 25. The sale of alcoholic beverages shall be limited to between the hours of 10:00 a.m. and 12:00 a.m., seven days a week. 26. All persons who will be serving alcoholic beverages shall receive L.E.A.D. (Licensee Education on Alcohol and Drugs) training in Responsible Beverage Service from the State Department of Alcoholic Beverage Control or Responsible Hospitality Coalition. Training shall include a core porieni 41uiiirra kuc�' 6csmestic viui ;nocxe. 27. Exterior advertising and signs of all types, promoting or indicating the ava!labiiltr 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. There shall be no excessive -advertising and/or marketing that targets youth or holidays. 28. No alcoholic beverages shall be consumed outside of the interior restaurant dining area without modification of this Conditional Use Permit. 29. No alcoholic beverages shall be available with take out or delivery service. 30. No alcohol shall be available without the purchase of food. 77 of 103 Resolution No. 2011- 39 Page 5 31. The sale of alcohol shall not exceed the sale of food consumed on site. With the annual renewal of the National 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 rer a ain confidential. 32. Permittee shall post signs, to be approved by the Planning Division, on the exterior building walls in compliance with Section 10.30.070 of the National City MuniIpal Code. Said signs shall not be less than 17 inches by 22 inches in size, with lettering net less than one inch in height. The signs shall react as follows: "It is unlawful to drink an alcoholic beverage or to possess an open alcoholic beverage container in public or in a public parking lot. NCMC 10.30.050 and 1 D.30.060." 33. Entertainment shall be limited to the days of Wednesday through Sunday, and to the hours of 5:00 p.m., until midnight. 34. All activities shall comply with Title 12 of the National City Municipal Code (Noise) at all times. 35. No public concert events are permitted as part of this permit. No advertisement targeted for a specific performer or event may be circulated outside of the restaurant, and five entertainment shall be incidental to the restaurant use. 36. Service of the outside seating areas shall cease at 9:00 p.m. daily. Tables and chairs shall be stored or otherwise removed from service. 37. A sound study shall be commissioned by the applicant to ensure that live erte tic :rot complies with Title 12 of the National City Municipal Code (Noise). Results shall be provided to the Development Services Department and verified vfor to any , Y entertainment being offered. 38. A detailed landscape and underground irrigation plan, including plant types, methods of planting, etc., shall be submitted for review and approval by the Planning Division prior to issuance of building permits. The landscape plan shall reftect the use of drought tolerant planting and water conserving irrigation. 39. All plans submitted for approval shall reflect a parking lot configuration that is consistent with Land Use Code Section 18.58 - Off -Street Parking and Loading. 40. No bar is permitted as part of this approval. POLICE 41. Perrnittee 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. 78 of 103 Resolution No. 2011 —39 Page 6 BE IT FURTHER RESOLVED that copies of this Resolution shall be transmitted fortlwlth to the applicant. BE IT FURTHER RESOLVED that this Resolution shall become effective and final on the day following the City Coundl meeting where the Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedure Section 1094.6. PASSED and ADOPTED this 15th day of February 011- ATTEST: Michael R. Dalia, ty Clerk APROVED AS TO FORM; J `ti� �i I i is • ; is C. SIN. City Attorney n Morrtsori, Mayor 79 of 103 Passed and adopted by the Council of the City of National City, California, on February 15, 2011 by the following vote, to -wit Ayes: Councilmenbsrs Morrison, Natividad, Rios, Sotelo-Sc l !s, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: R0N MORRISON Mayor of the City of National City, California City k of the City 0Iational City, California By Deputy HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NCI 2 p11-39 of the City of Nations' 417n, passed -. adopted by the Council of said City on February 15, 2011. City Clerk of the City of National City, California Deputy 80 of 103 Jessica Madamba From: Planning Sent Tuesday, May 30, 2017 11:28 AM To: Jessica Madamba Subject: FW: NOTICE OF PUBLIC HEARING FYI. You can include this as an attachment in your report and also in the analysis. From: Bernice [mailto:bernice10@cox.netj Sent: Tuesday, May 30, 2017 11:16 AM To: Piannina Subject NOTICE OF PUBLIC HEARING National City Planning Commission Brad Faulston, Deputy City Manager Gentlemen: Regarding the City Council meeting on June 5, 2017, I am presently unable to attend but I would like to send my request to the Council. I would like to vote AGAINST granting the request of Roger Speir obtaining a permit to sell distilled spirits This neighborhood already has too many Pau inesses selling alcohol. Also, being able to stay open until 1 a.m. is just adding more drunkenness and noise to disturb the residents of the neighborhood. This block has its share of bars and loud music until late in the night. Two people were arrested on this block over the holiday. One was a screaming drunk woman and the other was a man who I saw going up and down our block looking into cars, etc. The live entertainment is a concern and is already a nuisance. Your attention to this =liar is nreatly annreciatedo 81 of 103 Sincerely, Bernice Chunn 921 Olive Avenue National City CA 91950 Owner of this home since 1956 a 82 of 103 Item no. August 21, 2017 RESOLUTION NO. 2017-21 a A RESOLUTION OF THE PLANNING COMMISS ON OF THE CITY OF NATIONAL CITY, CALIFORNIA, APFROVING A CONDITIONAL USE PERMIT MODIFICATION FOR DISTILLED SPIRITS AT AN EXISTING BEER AND WINE -LICENSED RESTAURANT (TITA'S II) LOCATED AT 3421 EAST PLAZA BOULEVARD. CASE FILE NO. 2017-09 CUP APN: 569-101-05 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit modification for distilled spirits at an existing beer and wine - licensed restaurant, Tita's li located at 3421 East Plaza Boulevard at a duly advertised public hearings held on June 5 and July 17, 2017, 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. 2017-09 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, at the Planning Commission hearing of July 17, 2017, the Planning Commission asked staff to return with a resolution denying the requested Conditional Use Permit modification; and WHEREAS, at the Planning Commission meeting of August 7, 2017, the Planning Commission took no action on the resolution denying the Conditional Use Permit codification and asked staff to return with resolutions for both approval and denial of the Conditional Use Permit modification; and, WHEREAS, this action is taken punl to all appiieabie 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 public hearings held on June 5 and July 17, 2017 support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Minor Mixed Use District. Planning Commission Meeting of August 21, 2017 Page 2 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohol sales ere permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, 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, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type, -density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed modification to sell distilled spirits at the existing wine -licensed restaurant is consistent with the previous approved use and is similar in nature to surrounding area uses. The modification will be subject to the original conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 12 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 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 other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohcl sales will contribute to the viability of a restaurant, an allowed use in the Minor Mixed -Use District (MXD-1) zone. 84 of 103 Planning Commission Meeting of August 21, 2017 Page 3 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. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit modification authorizes the sale of distilled spirits at an existing restaurant with beer and wine sales, Located at 3421 East Plaza Boulevard. Unless specifically modified by this resolution, all previous Cone itions of Approval as stated in City Council Resolution 2011-39 are still in effect. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2017-09 CUP, dated 3/$0/2017. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation.. 3. VvThin four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Reguiationc, Title 14, Section 753.5, the appiicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clem and submitted to the National City Planning Department. 4. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 5. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or lancer. This permit may also be revoked, pursuant to provisions of the Land Use Code, if discxontinuecl for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. 85 of 103 Planning Commission Meeting of August 21, 2017 Page 4 Planning 7. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. he 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. 8. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit aF 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 judgement 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. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. to 12:00 a.m. daily. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the daffy 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. an i th lay of that City Council rneet!y. Me ►.EF r Councii may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 86 of 103 Planning Commission Meeting of August 21, 2017 Page 5 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 21, 2017, by the following vote: AYES: Flores, Garcia, Sendt, Quintero, Yamane NAYS: None. ABSENT: Baca ABSTAIN: Dela Paz 87 of 103 • luawy3E lV LEGEND- CONSTRUCTION __ +. atiawalie rY[I• ae 1-IMA I Y me le on ma vet io • � ��MeDR�•[u�_t,ifri don 1R e1N0 M Ia1LeeM pN Ip+ mu. Ilea. lir �ehyyleppl4L ��1 Pee.• =2�yyyp,.�yA/��1'/Q1 pLL�Yyl/IY+"pyp� . j+Mrl'•CMIi+eteitar- Oq .aees+.,.. , 2321222 satIage Od�ee. ila.a.a Ae. A.4 1 Z .m:_ t. ea eve. v,u D LL ill '' A fi. inierzYgorw 1 g fr,-- P. �e...�•�!e� en eerie a +r ee 1_4 g 1 g ri 1.-; 2U 5 : I" - emplassaav r,.e.el w.wMH.. i82110X=SeleentECES ►e.f•..1 Idle •eelssl Ae•ellut CAMILLE •rel..t W.wbat. 10.04-TWA e. 1•• g I> Pate Item et21.0 etr f ?e, PROPOSED i FLOOR PLAN n crezersommemmis Deee1 •dewtnr 88 of 103 !Imam A pit CASE F6LE pia..1011-, ( CtiP NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 06/05/2017 BUSINESS NAME: Tita's II Restaurant ADDRESS: 3421 E. Plaza Blvd, National City, CA 91950 OWNERNAME: Speir, Estrellita, Rosales DOB: 09/24/1950 OWNER ADDRESS: 6625 Parkside Avenue, San Diego, CA 92139 (add additional owners on page 2) I. Type of Business 1 Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) II. Hours of Operation Daytime hours (1 pt) Close by 1 1pm (2 pts) Close after 1 1pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) No Entertainment (0 pts) IV. Crime Rate Low (1 pt) Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract 1 Below (1 pt) Average (2 pts) Above (3 pts) Notes: Per owner (Roger) business is open on Mon /Tue from 10 am - 3 pm. On Wed/Thur open from 10 am - 3 pm then reopens at 5 pm until midnight. Fri / Sat & Sun opens at 10 am and closes at 1 am (Sun until - midnight). Has Karaoke / Live Music / Danicing Wed thru Sun after 6 pm only. ABC Allows 4 On Sale and 2 Off Sale Licenses for Census Tract 0120.02. Currently there are 2 On Sale and 2 Off Sale. Revised: 8/16 Attachment 5 89 of 103 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check ✓ No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 11 OWNER NAME: Speir, Roger, Loren DOB: 02/13/1941 OWNER ADDRESS: 6625 Parkside Ave, San Diego, CA 92139 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Sergeant Shepherd Revised: 8/16 2 of 2 Badge ID: 402 90 of 103 Below are spreadsheets listing the crime cases, a' rests, and Calls For Service that have occurred within 100ft of 3421 E Plaza since C'1Jan2015 to 01Jun2017. Note: Some of the cases and arrests do NOT happen directly at the business, but in the surrounding area (the cases with the exact address are in ). The CFS are specifically for 3421 E Plaza. CRINi: CASES a 20 TOTAL JRCLARY VEHICLE 1 tunamve - C)MMEnCIAL 3 LA:P::ECNY-ALL OTI1ER 1 MOTOR VEHICLE 11!Err ><. O 14ER • POf9ERY - COMMEttr-L ` SY MP LE ASSAULT il •0,134l'.l.i IOW .I Il .''i4r:'r. :.toy�fai'ri .i �Gr Jtl;. i1'U I;C .t 9i:. 'r ;I: s: a -1'.ti a.. i"',wf1', i.'i�U•<�.'. :i' 'li,.. iy.. 'SG.. NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY JAi ZONAL CITY 1505455 1507100 1505420 1503196 15001 11/7 /2015 MANCHESTER STREET & PLAZA 22:30 ZZ 981154 MISCELLANEOUS REPORTS (TRAFFIC) -153 BOULEVARD, NC, N OTHER 12/21/2015 3:00 9/27/2015 17:25 PC 273.5 PC 415(2) INFLICT CORPORAL INJURY ON SPOUSE/COHABITANT DISTURBING THE PEACE - LOUD NOISE 3400 E PLAZA BOULEVARD, NC, 91950 3403 E PLAZA BOULEVARD, NC, 91950 6/10/2015 0:45 1/7/2015 5:06 VC 22651P PC 488 IMPOUND -VEHICLE STOPPED/CITED W/ NO LICENSED DRIVER/PASSENGER 'ETTYTHE FT 3400 E PLAZA BOULEVARD, NC, 91950 • 1421 E PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 150043" 1/21/2015 19:15 • PC 459 3URGLARY/UNSPECIFIED 421 E PLAZA BOULEVARD, NC, 91950 N N N SIMPLE ASSAULT OTHER OTHf:R LARCENY - ALL OTHER BURGLARY - VEHICLE 91 of 103 NATIONAL CITY 1501300 1501874 1600030 NATIONAL CITY 2/26/2015 22:38 VC 22651P 1/2/2015 4:00 VC 22951 PC 460(B) IMPOUND --VEHICLE STOPPED/CITED W/ NO LICENSED DRIVER/PASSENGER STREET AND ALLEY PARKING BU RG LARY:U NS P ECIFIED 3400 E PLAZA BOULEVARD, NC, 91950 3400 E PLAZA BOULEVARD, NC, 91950 3403 PLAZA BOULEVARD, NC, 91950 N N N OTHER OTHER BURGLARY - COMMERCIAL NATIONAL 4/18/2016 ASSAULT W/DEADLY WEAPON OTHER .CITY 1602142 18:34 PC 245A1 THAN FIREARM OR GBI FORCE 3400 E PLAZA BOULEVARD, NC, 91950 A SIMPLE ASSAULT NATIONAL CITY 1602493 5/7/2016 8:30 5/23/2016 0:30 PC 242 BATTERY WITH SERIOUS BODILY INJURY (F) 3432 E PLAZA BOULEVARD, NC, 91950 .KE VEHICLE W/0 OWNER'S ONSENT/VEHICLE THEFT 21 PLAZA BOULEVARD, NC, 91950 N SIMPLE ASSAULT NATIONAL CITY NAT IONAL CnY 5/24/2016 1602844 20:48 8/1/2016 1604294 19:26 PC 459 VC 22651P BURGLARY/UNSPECIFIED IMPOUND -VEHICLE STOPPED/CITED W/ NO LICENSED DRIVER/PASSENGER 3403 PLAZA BOULEVARD, NC, 91950 3400 PLAZA BOULEVARD, NC, 91950 BURGLARY - N COMMERCIAL N 01HER NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY 1605699 1605781 1606428 10/13/2016 14:00 10/17/2016 15:17 11/21/2016 19:03 1/21/2017 1700367 4:20 PC 212,5A ROBBERY: FIRST DEGREE ZZ 981153 MISCELLANEOUS REPORTS - 153 INFLICT CORPORAL INJURY ON PC 273.5A SPOUSE/COHABITANT HS 11377(A) POSSESS CONTROLLED SUBSTANCE (F) 3403 PLAZA BOULEVARD, NC, 91950 3403 PLAZA BOULEVARD, NC, 91950 3403 PLAZA BOULEVARD, NC, 91950 3403 PLAZA BOULEVARD, NC, 9195i) N N N ROBBERY - COMMERCIAL OTHER SIMPLE ASSAULT 01HER NATIONAL CITY NATIONAL CITY 3/30/2017 1701684 12:56 3/29/2017 1701659 2:15 IMPOUND -VEHICLE STOPPED/CITED W/ VC 22651P NO LICENSED DRIVER/PASSENGER PC 460(B 3400 PLAZA BOULEVARD, NC, 91950 BURGLARY/SECOND DEGREE 3403 PLAZA BOULEVARD, NC, 91950 N OTHER BURGLARY - COMME RCIAL ARRESTS = 19 TOTAL 92 of 103 :. ,..47.;:i •. r ,1,' ,, 1,.,it..,:;," .1),‘ 0:. )',k, ,I..k..?'1; , ...':- ' '' 1.' I,' 1'1; .1,1:it. ,I.,1,,.Th'' 1 .l.11.j :;17.;:.!, V., .. s: _ NATIONAL CITY 1702533 5/11/2017 17:30 ADULT HS 11364(1) POSSESS SPECIFIED CONTROLLED SUBSTANCE DEVICE/ETC. MISDEMEANOR 3400 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1701684 3/30/2017 13:12 ADULT VC 14601.1(A) DRIVE WHILE LICENSE SUSPENDED MISDEMEANOR 3400 PLAZA BOLLEVARD, NC, 91950 NATIONAL CITY 1700367 1/21/2017 4:20 ADULT HS 11364(1) POSSESS SPECIFIED CONTROLLED SUBSTANCE DEVICE/ETC. MISDEMEANOR 3403 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1700367A 1/21/2017 4:20 ADULT HS 11364(1) POSSESS SPECIFIED CONTROLLED SUBSTANCE DEVICE/ETC. MISDEMEANCR 3403 PLAZA BOULEVARD, NC, 91950 NATIONAL cm, NATIONAL CITY 17003676 1606208 1/21/2017 4:20 11/9/2016 901j A t+L.,LT HS 11364(1) POSSESS SPECIFIED CONTROLLED SUBSTANCE DEVICE/ETC. MISDEMEANOR 3403 PLAZA BOULEVARD, NC, 91950 ( LCCAL WA ffAtiT ZZ OUT WARRAW OUTSIDE WARRANTNISD MISDEMFANOR 3400 PIRA BOULEVARD, NC, 91050 ------- NATIONAL CITY 1605856 10/20/2016 13:44 ALULT HS 11364(1) POSSESS SPECIFIED CONTROLLED SUBSTANCE DEVICEPTC. MISDEMEANOR 3403 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1605851 10/20/2016 11:51 AL ULT PC 647(F)DK DISORDERLY CONDUCT: ALCOHOL MISDEMEANOR 3400 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1605410 9/27/2016 11:13 ADULT PC 647(F)DK DISORDERLY CONDUCT: ALCOHOL MISDEMEANOR 3403 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1605229 9/16/2016 21:44 ADULT PC 647(F)DK DISORDERLY CONDUCT: ALCOHOL MISDEMEANOR 3421 PLAZA BOULEVARD, NC, 91950 NA-i U.:MAL Cl i Y 3.6C6230 9/i6/2016 11:55 - ADULT PC 64jOK DISOMARLY CONDUCi ; ALCOHOL M iSUE NI tANO8 3411 PLAZA KW LEVAR ' NC 919.SO NATIONAL CITY 1605204 9/16/2016 2:10 BENCH WARRANT PC 3056 VIOLATION PAROLE/FELONY FELONY 3421 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1604294 8/1/2016 19:40 JUVENILE VC 12500(A) DRIVE W/0 LICENSE MISDEMEANOR 3400 PLAZA BOULEVARD, NC, 91950 93 of 103 NATIONAL CITY 7/20/2016 23:40 BENCH WARRANT PC 978.5 BENCH WARRANT/FAII URETD APPEAR ON MISDEME;`.' CH., MISDEMEANOR 3421 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 1602142 4/18/2016 1':45 ADULT PC 245A1 ASSAULT W/DEADLY WEAPON OTHER THAN FIREARM OR 6BL FORCE FELONY 3400 PLAZA BOULEVARD, NC, 91950 NATIONAL CITY 150.3420 9/27/2015 13:55 ADULT PC 415(2) DISTURBING THE PEACE - LOUD NOISE MISDEMEANOR 3400 PLAZA BOULEVARD, NC, 91950 • 1 NATIONAL CITY 1 NATIONAL CITY 1503196 6/10/2015 ;1:20 LADULT VC 12500(A) DRIVE W/O LICENSE MISDEMEANOR 3400 E PLAZA BOULEVARD, NC, 91950 1501874 3/29/2015 2:25 ADULT VC 23152A DUI ALCOHOL AND/OR DRUGS MISDEMEANOR 3400 PLAZA BOULEVARD, NC, 91950 NATIONALCITY 1500440 1/22/2015 12:16 ADULT VC 14601.1(A) DRIVE WHILE LICENSE SUSPENDED MISDEMEANOR 3400 E PLAZA BOULEVARD, NC, 91950 CALLS FOR SERVICE HISTORY Jr 04 1I488R PETTY THEFT REPORT 1 3421 Plaza BI 04 IL I459VR BURGLARY VEHICLE REPORT] 341 PLAZA BL 01 J1451 ARSON 1 3421 ":_ Plaza BI E02 TIICHECK THE WELFARE URGENT 1 C3421 Plaza BI ( 02] 459A AUDIBLE BURG ALARM 1 3421 Plaza BI 3421 :_ Plaza BI 03 1415 VERBAL 01 I MEDICAL 7. Plaza BI NATIONAL CITY ,i 1l812015 10:11:38 AM, (NATIONAL CITY 1 1i21/2015823.57 PM 1 NATIONAL CITY 1 5/27/2015 4:40:28 AM 1 NATIONAL CITY NATIONAL CITY NATIONAL CITY NATIONAL CITY 9/10/2015 2 30:03 PM 10/4/2015 1:12:47 AM 11 /14/2015 8 10:09 PM] 6/2016 2:08:14 PM 02 415 FIGHT 3421 H. Plaza BI FNAT1ONAL CITY 4/16/2016 12 38:43 AM1 02 L59A AUDIBLE BURG ALARM 3421 5 Plaza BI NATIONAL CITY 5/6/2016 12:24:55 AM 03 03 10851 REPORT J 3421 :E Plaza 131 415 VERBAL 1 3421 5 Plaza 31 L 03 415 REFUSING TO LEAVE J 3421 Plaza 91 D3 415 SUBJECT J 3421 E PLAZA BL C_02 -I415 GROUP 1 3421 1 Plaza BI r�D3 I]I5150 MENTAL SUBJECT 1 3421 E_ PLAZA BL 03 J 5150 MENTAL SUBJECT NATIONAL CITY 'NATIONAL CITY 'NATIONAL GTY 459A AUDIBLE BURG ALARM 3421 E Plaza BI 3421 F. Plaza B1 03 J SUSPICIOUS SUBJECT 3421 15 PLAZA BL 02 I 459A AUDIBLE BURG ALARM 3421 15 Plaza BI NATIONAL CITY NATIONAL CITY 5/24/2016 4.03-42 PM 6/11 /2016 12:56:54 AM 16/25/2016 11.43 ' 47 PM J J6/26/2016 2:16:27 PM 1 7/2/2016 12.0919 AM 1 7/7212016 12:54:51 PM 1 NATIONAL CITY NATIONAL CITY 1 NATIONAL CITY NATIONAL CITY NATIONAL CITY 17/12/2016 12 57 31 PM 7/20/2016 11:15:42 PM 7/28/2016 4 20:46 AM 18/11/2016 12:15:59 AM 94 of 103 02 J 459A AUDIBLE BURG ALARM 3421 E Plaza BI NATIONAL CITY — ] 8/23/2016 12 37 08 AM 05 —I 11-50 FIELD INTERVIEW 3421 E PLAZA BL NATIONAL CITY 8/31/2016 9:58:47 AM I-03 415 REFUSING TO LEAVE 3421 E Plaza BI NATIONAL CITY 9/14/2016 12 37 02 PM 05 11-50 FIELD INTERVIEW 3421 E PLAZA BL NATIONAL CITY 9/16/2016 1:56;13 AM 03 ] UNKNOWN PROBLEM 3421 E Plaza BI NATIONAL CITY 9/16/2016 9 29 55 PM I 01 111-83 ACCIDENT NO DETAIL 13421 E PLAZA BL NATIONAL CITY 10/10/2016 7:24;34 PW1 I-02 1 459A AUDIBLE BURG ALARM 3421 E Plaza BI NATIONAL CITY 112/5/2016 12 16 30 AM T-05 1 IMPOUND PRIVATE 3421 E Plaza Bf NATIONAL CITY 112/24/2016 5:49:07 AM L05 IMPOUND PRIVATE L3421 E Plaza BI _NATIONAL CITY 112/24/2016 5 54 29 AM —I 02 —I[11-81 ACCIDENT MINOR INJURY 13421 E Plaza BI NATIONAL CITY 2/5/2017 8:47:41 PM 95 of 103 Jessica Madamba From: Olga M. Florez <gallito@sbcglobal.net> Sent: Saturday, June 03, 2017 6:03 PM To: Planning Subject: Modification to add Distilled Spirits .Titans 11 Dear Mr. Brad Raulston, Please accept our concerns in regards to the modification that is being requested by Tita's owner. We are concern that this business is so close in proximity to Residential homes. We own a house that shares a wall with this business park. We have had a lot of nuisances already coming from the dance studios and drunk drivers driving late at night with loud music in the alley in between our homes and this business park were Tita's 11 is located. 1 will be present at the public hearing and hope that the City Management will consider the needs and tranquility of the residents _ Respectfully Olga M. Florez 619-993--8804 Luz Angela Gonzalez Home owners 905 Olive Avenue National City, Ca. 91950 Sent from Yahoo Mail on Android Attachment 6 96 of 103 Tita's II Restaurant 3421 Plaza Boulevard National City, CA 91950 Public Concerns Morphing Tita's 11 Restaurant morphs into a night club on weekends from 9:00pm to 1:00am and is essentially violating its conditional use permit. Moreover, Tita's 11 does not have a type 51 license to run a night club, yet according to their own admission and promotions materials, it is clearly operating as one. In their flyers, they advertise that dancing takes place after 9:00pm. While the restaurant was permitted by the City to have karaoke and live entertainment, it was not authorized to allow dancing anywhere on its premises. In a memorandum by the National City Police in 2010, the department cited serious public safety concerns in granting Tita's II a type 47 license, mainly due to morphing issues and how they would drain police resources. Additionally, research shows that morphing increases risky alcohol sales in on -premise outlets. In a recent study led by the Pacific Institute for Research and Evaluation (FIRE), researchers uncovered disturbing findings in communities where morphing was permitted. In a two-year study, researchers conducted ethnographic observations of 97 alcohol outlets across six cities in California. These were their findings: ▪ 50 individual police reports related to on -site fights, assaults, stabbings, gun shots, and robberies Homicides • Increased number of persons driving under the influence, especially on weekends Promoting Night Club Atmosphere to Underage Youth In their promotional materials, Tita's II biatantiy markets their night club atmosphere to minors under the age of 21. They state that their cover charge for minors 14 years old and up is only five dollars after 9:00pm. This raises serious concerns that they might be selling alcohol to underage youth and exposing them to the dangers of night life. If Tita's 11 wants to operate a legal night club, they should apply for a type 51 license, which will prohibit minors under the age of 21 from entering the premises. However, it seems as though Tita's i1 wants to have it both ways: allow minors into their establishment without applying for the type 51 license that would bar minors under the age of 21. 97 of 103 In violation of the RBSS Ordinance According to National City law, every business that sells or serves alcohol, is mandated to attend a Responsible Beverage Sales and Service (RBSS) training. This training requires owners, managers and employees that sell or serve alcohol to attend this training. It is designed to prevent alcohol outlets from selling to minors and overserving intoxicated patrons. Tita's II has not attended these mandatory -by-law trainings since March 21, 2012. Proximity to Local School Tita's 11 is only 660 feet away from Harbison Elementary School, just 160 feet away from the ABC's 500 feet requirement. The concern here is that while Tita's II claims to only sell alcohol two hours after school is over, children have extra -curricular activities that fall into the late afternoon —which means that they will still be exposed to the sale of alcohol as they walk home from school. Decrease in Quality of Life Tita's II has already become a source for public complaints. If allowed to obtain a type 47 license, the dynamics of the community will only get worse as Tita's II will feel emboldened to completely morph into a night club. It has been well documented that morphing increases crime and nuisance activity such as noise, litter, loitering, public urination, intoxication and DU1s. This means that the quality of life in National City will go down, bringing with it a decrease in property value, which means less revenue for the city. It also means that the city's costs may increase due to issues such as increased emergency room visits, vehicle accidents, alcohol poisonings, as well paramedic and police calls for service. High Crime Area Tita's i1 is located within Beat 21, which includes the northeast quadrant of the City. According to the most recent Risk Assessment conducted by the National City Police Department, Beat 21 is a high crime rate area. Does the City of National City really want a night club in an already -high crime rate area? Conclusion If the City of National City allows Tita's 11 to obtain a type 47 license, the restaurant will without a doubt morph into a night club, further acting with impunity. This will significantly increase the risk of crime and nuisance activity for other businesses, residents and families in that area. The question that every city planning commissioner and councilmember should ask is if the owners and staff of Tita's II can be trusted to be good actors in the community. Their policies and deceptive practices have already proven 98 of 103 to be questionable as they promote their illegal night club atmosphere to 14-year-old youth, fail to comply with the RBSS ordinance and allow dancing on their premises without a city permit. 99 of 103 : Susan Fernandez 3421 E Plaza Blvd. National City, CA 91950 (619) 434 — 7371 Open 10am- 3pm daily 5prn-12am Wed, Thur & Sun Live bands Fri & Sat 8pm-12am *$5 cover, age 14+ after 9pm Karaoke Wed, Thur & Sun 6pm- 12am Several packages for big events available, call for details We have fast kitchenette a servings during the day then soh t a relaxed table service a restaurant after Sprm At night we have entertainment such as karaoke or a live n We also serve .and beerad wine which airs great with both sing and dancing! Chicken Adobo Sizzling Pork Sisig Pork Sinigang, Lumpia & Lechon Kawali Beef Kare Kare 100 of 103 Tita's Assorted Platter National City Police Department Manorandum TO: ref Adolfo Got -tales FROM: Sgt. dam Young DATE: October 12, 2010 SUBJECT: Conditional Use Permit modification of CUP-2010-29 for the sale of beer and wine at Tita's II. Thia Conditional Use Permit application is for an existing restaurant at 3421 East Plaza Boulevard in National City. The application indicated that the applicant would like to sell beer and wine from the hours of 1000 hours to 0100 hours seven days a week (they currently sell until milt), the appropriate ABC License would be a type 41 license (beer and wine only, no distilled spirits). Additionally, the applicant would like to have karaoke, live entertainment, a bar, a stage area and an outdoor dining area. With the addition of the "bar," Tita's II could not operate under a Type 41 license they would have to re -apply for a different license. On October 11, 2010, I conducted a site survey of the establishment located at 3421 East Plaza Boulevard. The area is primarily a residential neighborhood with strip mall renal establishments directly across the parking lot. Olive Grove Elementary School is any 1000 to 1500 away from the establishment on East 86 Street. Per ABC's conditions, as stated in the memo from Martin Re (attached), d), the conditions restrict alcohol sake hours to siddnight, 50/50 fecA and alcohol yea„ no noise and tan 4ar. The police department believes that the City should hollow the ed forth by ABC end not allow alcohol rate past mid0.1 and not to allow bar area within the establishment. The ABC defines dal" mealtimes as 6:00 a.m. — 9:00 a.m., 11:00 a.m. — 2:00 p.m., and 6:00 p.m. — 9:00 p.m. Additionally, the police dement believes that the City should not allow any sort of live entertainment or stage area in a Type 41 ABC licensed establishment. Having a stage and live entertainment in a restaurant mates the atmosphere of a "night club" which generates issues such as promoters coming in and scheduling events that draw a crowd that could potentially pose problems. In the very recent past, when establishments have engaged such activities (bar, live entertainment and a stage) under a Type 41 license, the police deparanent has encountered numerous problems with these establishments. 1 101 of 103 The problems incurred at Type 41 ABC license establishments when guidelines have been deviated from, have on many instances, tied up police officers for hours on end and in many cases have left the City completely void of police personnel especially on very busy nights (Fridays and Saturdays) while trying to resolve the problems. A Type 41 ABC license is for a bona fide eating establishment or restaurant. When guidelines are circumvented in the licensing classification enacted by ABC such as Ong a "night club" (which is a Type 51 — Club) there are an array of problems requiring police response. We have learned from past practice that once an ABC license has been granted it is nearly impossible to have that license revoked, and even though the owners of the business change, the license once granted to this location generally stays intact and never goes away. Therefore, the City should be cautious about the activities we allow outside of licensing guidelines set forth by ABC. Currently the City of National City has a total of 99 "On -sale" and "Off -sale" alcohol selling establishments. This equates to 11.6 alcohol selling establishments per square mile within the City. Until the end of the current budget crisis and the Police Department can hire enough officers to facilitate a dedicated unit to police and regulate establishments possessing an ABC license, it is my recommendation that the City place a moratorium on the issuing of CUP's for the sale of alcoholic beverages especially ones with live entertainment and erected stages, which, in the past have caused a drain on police resources. R ly submitted, Grah=fi. ig, Sergeant Special Assistant to the Chief of Police National City Police Department 2 102 of 103 1000 Jessica Madamba From: Jamie <dasher_4@cox.net> Sent: Thursday, July 20, 2017 9:52 AM To: Planning Cc: rstitascoroDamail.com Subject: Conditional User Permit 2010-29 - Tita's II Good morning, We received a letter inviting us to a meeting on 6/26/17, sponsored by Roger L Speir of Tita's Enterprise. The purpose was to discuss their request for a general liquor license, but we were not able to attend that meeting. The letter noted that the planning commission had scheduled a 7/17/17 meeting to discuss. We never received any notice of the Planning Commission meeting, so not sure if it was held. I would like to go on record that my husband and I are very supportive of your granting Tita's II a general liquor license. I believe this restaurant has been a great additional to our neighborhood and would like to insure their contained success. We cannot see any downside to permitting their sale of liquor. Thanks for recognizing our opinion. Sincerely, Jamie and Doug Asher 815 Mary Court National City, CA 91950 1 103 of 103