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HomeMy WebLinkAboutDraft Agenda Packet 10-01-19 CC HA AgendaAGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL Orr J337 �ACORPORATED ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmember GONZALO QUINTERO Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 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, OCTOBER 1, 2019 - 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 Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. 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 unrelated. 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 1 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 2 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 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. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 245 CC/CDC-HA Agenda 10/1/2019 — 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 AND CERTIFICATES 1. Rideshare Week 2. 19th Binational Health Week 3. Latino Heritage Month 4. National City Recognizes Al Alvarado for Latino Heritage Month 5. National City Recognizes Rosie Alvarado for Latino Heritage Month 6. Corporal Salvador Gil AWARDS AND RECOGNITIONS PRESENTATIONS 7. EXOS Executive Summary for Las Palmas Pool operations during Fiscal Year 2019. (Community Services) INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 8. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 3 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 4 9. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with Vigilant Systems, LLC to provide access to the Law Enforcement License Plate Recognition Data stored in their systems. (Police) 10. Resolution of the City Council of the City of National City approving the First Amendment to the Agreement by and between the City of National City and HAPPY Software, Inc., MRI Software LLC., for an additional annual subscription of $5,639.00 to pay for software upgrades, technical support and training for the Section 8 Housing Resolution of the City Council of the City of National City approving the First Amendment to the Agreement by and between the City of National City and HAPPY Software, Inc., MRI Software LLC., for an additional annual subscription of $5,639.00 to pay for software upgrades, technical support and training for the Section 8 Housing Choice Voucher Program. (Housing) 11. Investment Report for the quarter ended June 30, 2019. (Finance) 12. Investment Transactions for the month ended July 31, 2019. (Finance) 13. Temporary Use Permit — Hope Fest hosted by Cornerstone Church of San Diego at 1920 Sweetwater Road on October 31, 2019 from 6 p.m. to 9 p.m. with no waiver of fees. (Neighborhood Services) 14. Warrant Register #8 for the period of 8/14/19 through 8/20/19 in the amount of $135,787.10. (Finance) 15. Warrant Register #9 for the period of 8/21/19 through 8/27/19 in the amount of $1,713,699.31. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 16. Public Hearing - Proposed Street Vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) (Planning) 17. Public Hearing and Adoption of a Resolution approving a Conditional Use Permit for a bar (Over the Tap) to be located at 2424 Hoover Avenue, Suite A and waiver of City Council Policy 707 conditions 14 and 15. (Applicant: Jorge Ramirez) (Case File 2019-21 CUP) (Planning) NON CONSENT RESOLUTIONS 18. Resolution of the City Council of the City of National City authorizing the execution of an order of vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an 4 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 5 approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) (Planning) NEW BUSINESS 19. Notice of Decision - Planning Commission approval of a Conditional Use Permit to allow CPR classes at 3142 East Plaza Boulevard, Suite N. (Applicant: Ruthy Puzon and Johnny Lytle) (Case File 2019-19 CUP) (Planning) 20. Facility Use Permit for OneSight Vision Clinic hosted by National City Host Lions Club beginning on Friday, November 1, 2019 through Friday, November 8, 2019 at Camacho Recreation Center located at 1810 East 22nd Street, with a request to add the OneSight Vision Clinic as a co- sponsored event, thus waiving facility rental fees of $1,200 per day for a total of $7,200, consistent with City Council Policy 802, City Support for Special Events, Activities, Programs and Services. (Community Services) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - October 15, 2019 - 6:00 p.m. - Council Chambers - National City, California 5 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 6 The following page(s) contain the backup material for Agenda Item: Rideshare Week Please scroll down to view the backup material. 6 of 245 Item # 10/01/19 RIDESHARE WEEK Proclamation Forthcoming 7 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: 19th Binational Health Week Please scroll down to view the backup material. Item # 10/01/19 19TH BINATIONAL HEALTH WEEK Proclamation Forthcoming 9 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 10 The following page(s) contain the backup material for Agenda Item: Latino Heritage Month Please scroll down to view the backup material. 10 of 245 Item # 10/01/19 LATINO HERITAGE MONTH Proclamation Forthcoming 11 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 12 The following page(s) contain the backup material for Agenda Item: National City Recognizes Al Alvarado for Latino Heritage Month Please scroll down to view the backup material. 12 of 245 Item # 10/01/19 NATIONAL CITY RECOGNIZES AL ALVARADO FOR LATINO HERITAGE MONTH Proclamation Forthcoming 13 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 14 The following page(s) contain the backup material for Agenda Item: National City Recognizes Rosie Alvarado for Latino Heritage Month Please scroll down to view the backup material. 14 of 245 Item # 10/01/019 NATIONAL CITY RECOGNIZES ROSIE ALVARADO FOR LATINO HERITAGE MONTH Proclamation Forthcoming 15 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 16 The following page(s) contain the backup material for Agenda Item: Corporal Salvador Gil Please scroll down to view the backup material. Item # 10/01/19 CORPORAL SALVADOR GIL 17 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 18 The following page(s) contain the backup material for Agenda Item: EXOS Executive Summary for Las Palmas Pool operations during Fiscal Year 2019. (Community Services) Please scroll down to view the backup material. 18 of 245 Item # 10/1/19 EXOS executive summary for Las Palmas Pool operations during fiscal year 2019. (Community Services) 19 of 245 Las Paimas 20 of 245 0 1 FINANCIAL PERFORMANCE 21 of 245 EXOS Fiscal 2018/19 Community Revenue + Total Revenue: $225,068 Recreation/Lap swimming = $46,417. Swim Lessons = $76,914. Rentals = $48,624. Third Grade Learn to Swim = $40,000. Misc. = $9,407. Masters Swim = $3,705. + Daily recreational swimming increased from daily average of 11 to 236 (June). + Swim lessons were offered Monday -Thursday Afternoons (M/W or T/Th from 3:30pm-7:15pm) and Saturday Mornings (9:OOam-1:OOpm) in June and July, and Tuesday/Thursday Afternoons and Saturday mornings for August -May. + Group exercise classes are currently offered 6 times per week; Monday through Saturday mornings. + Group exercise daily average participation has increased. + Masters Swim Team practices held from 6am-7:15am Monday -Friday. We're here to upgrade lives. 22 of 245 EXOS Fiscal 2018/19 Operational Expenses + Payroll expense was maintained below budget + Operational supplies maintained below budget + Operational Expenses: $483,317. Capital Improvements + Flag pole rope replaced and now flying the USA, California, and National City flags + New ADA Lift + New LED lights installed in throughout lobby, locker rooms, janitor supply room, and front walkways + Repairs began on the slide June 2018 + Family changing room completed + Baby changing stations installed in both locker rooms and the family changing room. We're here to upgrade lives. 23 of 245 PROGRAM REVIEW 24 of 245 + Youth and Adult Swim Lessons + Introduction to Water Polo class + Lap Swim + Recreational Swim + Masters Swim + Group Exercise Classes + American Red Cross Lifeguard Courses + Rental Groups: National School District, South Coast Water Polo Club, Southern Water Polo Club, SBA Swim Club, Fairbanks Stingrays Swim Club, High Tech High School, San Ysidro High School (SUHSD) 25 of 245 A Year of Firsts + Lessons offered during the week throughout the year. + Offered afternoon lap swim and recreational swim during the week due to transition of SWC and SUHSD teams. + Offered an introduction to Water Polo class August -October, but discontinued for now due to low enrollment. + Group swim lessons are in high demand resulting in filled classes for all of our sessions offered. High demand has resulted in wait -lists and early registrations up to three months in advance. + Participated as a host facility for this years World's Largest Swim Lesson, world wide event held on June 20th, 2019. We offered 80 spots for participants to register (children ages 6 months - 12 years old) for the free event, which included a 30 minute swim lesson ran according to the WLSL Lesson Plan and a free recreational swim session for the participants and thier families. The National City Fire Department was also able to come and spend the afternoon at the pool to barbecue for all of the participants, their families, and the staff. + We offered a special spring break swim lesson session that ran Monday - Thursday for the two weeks of the schools break. We also offered recreational swim every day for those two weeks. + Our group exercise instructors and participants held quarterly pot lucks to help build the community at Las Palmas 26 of 245 AREAS FOR IMPROVEMENT + Internet remains unreliable, creating multiple daily system outages which affect customer service and create long wait times. This is the biggest issue impacting operations and patrons resulting in long waits. + Poor janitorial service leads to uncleanly shower and bathroom areas resulting in poor customer experience and required Lifeguards to then clean/maintain. + A winter season filled with heavy rains led to a substantial leak in the attic which then leaked through the ceiling of the lobby and caused multiple ceiling tiles to fall. National City maintenance crew were able to strip the entire ceiling of the lobby and replace with new drywall, which will be fully covered once roof repairs have been made. New LED lights were also installed. As a temporary solution, a tarp has been draped and secured over the roof to prevent leaking. + Registration process for large families has proved to be cumbersome and affected wait times due to process for checking in each individual family member. 27 of 245 0 3 THE COMMUNITY SPEAKS gr. fin re r rra, n =c 28 of 245 r tit imii. M "A great full time long course pool for serious lap swimmers, rarely crowded, and inexpensive... bathrooms and shower area are very dated but `� I'm there to swim, not bathe in luxury, so a full rating for this great pool!" - Matt Rowland "My grandson has been taking private swim classes for 3 months. The ��� t — instructors are patient, attentive and so good with kids. My grandson is now a really good swimmer and loves the water. Thanks to all!" - Thelma I- -- - Sanchez "Great place to exercise, bring your children for swimming lessons Great Staff" - Tony Gumataotao THE SLIDE IS "First time there & I thought it was a good, relaxing place. Peaceful" - Dana Crawford "Great public pool! Seems like a hidden secret as it's never too crowded." - Holly Gamber "It's a fun place for families. They have a 12pm-3pm session and 3:30pm - 600pm session. lstar removed for today because the line got too long and their check in and payment system was really slow. 10-15 minutes that I couldn't add back." - Kris Saradpon 29 of 245 + Referrals remain the basis of our business. This helps us to bring in new clientele from all over the county + Swim lessons continue to be in high demand, and swimmers from all areas of San Diego come to use one of the few 50 meter pools available. + Implementation of wristbands for recreational swimmers has prevented patrons from entering the pool without having a waiver on file or paying their entry fee. Wristbands also allows staff to know which children are 6 or younger and need to have a parent in the water with them at all times. + Partnerships with the National School District have been positive and communication with school teachers and LPP staff continues to remain consistent and productive. Many teachers took pool information flyers (pool schedule, swim lesson schedule, pool fees, swim lesson fees) for their kids to take home to their parents, and we have seen many of those children come back to the pool to continue lessons after the Learn to Swim class with their school. + Monthly newsletters are created and sent to all persons enrolled and those on our e-mail list. The newsletter is delivered electronically via 'Constant Contact'. (attached) Newsletters include pool schedule updates, swim lesson schedule updates and release dates, aquatic safety topics, promote National City events, and introduce new staff. 30 of 245 31 of 245 EXOS LOOKING to the FUTURE 01 02 YOUTH SWIM TEAM + Extend learn to swim (students now in grades 7) until high school. Start date May 2020. Seek Grant funding. Sponsorship. TRAINER EDUCATION +AII Site staff opportunity to become EXOS Fitness Specialists. Expand programming. 03 04 TRIATHLON TRAINING + Clinics + Workshops + Coached sessions • 1 INCREASE EVENTS`► + Swim Across America + AEA Training/s + Increase Rental Revenues 05 06 DIVE TEAM + Target Date: May 2020 INSIGHTS • EVOLUTION Use learnings and feedback from program design, execution, to drive the future of program development. • Nathan, Adrian Five time Olympic Gold. Me. 1 OUR METHODOLOGY We use our integrated methodology to develop a customized experience that meets individuals where they are. Our system is comprised by four pillars — Mindset, Nutrition, Movement, and Recovery — built from decades of innovation, science, and real -life experience. EXOS 33 of 245 4 Mindset is about dedicating oneself towards a goal with a full understanding of what it requires to accomplish it. 1 Nutrition provides the foundational support to fuel the mind and body, and maximize 14 performance. / Movement is essential for improving performance. It's about moving your body better. Recovery allows the mind and body to re -energize and prepare for the next day's activity. 34 of 245 WE'RE HERETO UPGRADE L VES MARK VERSTEGEN FOUNDER & PRESIDENT, EXOS 35 of 245 THANK YOU EXOS 36 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 37 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 or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 37 of 245 Item # 10/01/19 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 38 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 39 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with Vigilant Systems, LLC to provide access to the Law Enforcement License Plate Recognition Data stored in their systems. (Police) Please scroll down to view the backup material. 39 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2010 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with Vigilant Systems, LLC to provide access to the Law Enforcement License Plate Recognition Data stored in their systems. PREPARED BY: Jose Tellez, Chief of Police PHONE: Ext.4511 EXPLANATION: DEPARTMENT: Police AI 4111 Mfg The City of National City has an existing contract with IPS Group, INC to provide License Plate R::der (LPR) technology for APPROVED BY: parking enforcement, through Neighborhood Services. IPS Group, INC operates in partnership with Vigilant Services, LCC who provides LPR data to law enforcement entities. Based upon the agreement with IPS Group, INC, the police department may access Vigilant Services, LLC law enforcement LPR data, to assist in criminal investigations at no additional cost. This agreement allows the police department access to the Law Enforcement LPR database and it contains an indemnification agreement, which requires City Council approval. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve Resolution: BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Agreement with Vigilant Services, LLC. Signed Agreement with I.P.S. Group, INC. 40 of 245 yVIGILT i Ao ry sNT YIP � u VIGILANT SOLUTIONS — LPR DATA PROGRAM STATE AND LOCAL LAW ENFORCEMENT AGENCY AGREEMENT This Agreement is made and entered into effective , 201 (the "Effective Date") between Vigilant Solutions, LLC, a Delaware corporation ("Vigilant") and , an Originating Agency Identifier (ORI) credentialed law enforcement agency ("Agency"). A. Vigilant stores and disseminates to law enforcement agencies license plate recognition (LPR) data as a valued added component of the Vigilant law enforcement package of LPR equipment and/or software; and B. Agency desires to obtain access to Vigilant's Software Service; NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: 1. Definitions. (a) Confidential Information. Refers to any and all (i) rights of Vigilant associated with works of authorship, including exclusive exploitation rights, copyrights, moral rights and mask works, trademark and trade name rights and similar rights, trade secrets rights, patents, designs, algorithms and other industrial property rights, other intellectual and industrial property and proprietary rights of every kind and nature, whether arising by operation of law, by contract or license, or otherwise; and all registrations, applications, renewals, extensions, combinations, divisions or reissues of the foregoing; (ii) product specifications, data, know-how, formulae, compositions, processes, designs, sketches, photographs, graphs, drawings, samples, inventions and ideas, and past, current and planned research and development; (iii) current and planned manufacturing and distribution methods and processes, customer lists, current and anticipated customer requirements, price lists, market studies, and business plans; (iv) computer software and programs (including object code and source code), database technologies, systems, structures, architectures, processes, improvements, devices, discoveries, concepts, methods, and information of Vigilant; (v) any other information, however documented, of Vigilant that is a trade secret within the meaning of applicable state trade secret law or under other applicable law, including but not limited to the LEARN Software Service; (vi) information concerning the business and affairs of Vigilant (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, contractors, agents, suppliers and potential suppliers, personnel training techniques and materials, and purchasing methods and techniques, however documented; and (vii) notes, analysis, compilations, studies, summaries and other material prepared by or for Vigilant containing or based, in whole or in part, upon any information included in the foregoing. (b) LEA. Refers to a law enforcement agency. (c) LEARN Software Service. Refers to a web based (hosted) suite of software applications consisting of analytical and investigative software located on a physical database server that also hosts LPR Data. (d) License Plate Recognition ("LPR"). Refers to the process of utilizing cameras, either stationary or mounted on moving vehicles, to capture and interpret images of vehicle license plates. (e) LPR Data. Refers to LEA LPR Data. (f) LEA LPR Data. Refers to LPR data collected by LEAs and available on the LEARN Software Service for use by other LEAs. LEA LPR Data is freely available to LEAs at no cost and is governed by the contributing LEA's retention policy. Vigilant Solutions -. [PP, Da a Progrm, Agrernent. ver 1 0 41 of 245 \VIGILANT S p L U T l ❑ N S (g) User. Refers to an individual who is an agent and sworn officer of Agency and who is authorized by Agency to access the LEARN Software Service on behalf of Agency through login credentials provided by Agency. 2. Licensed Access to the LEARN Software Service. (a) Grant of License. During the term of this Agreement, Vigilant grants Agency a non-exclusive, non- transferable right and license to access the LEARN Software Service for use in accordance with the terms of this Agreement. (b) Authorized Use. Agency is prohibited from accessing the LEARN Software Service other than for law enforcement purposes. (c) Restrictions on Use of LEARN Software Service. Except as expressly permitted under this Agreement, Agency agrees that it shall not, nor will it permit a User or any other party to, without the prior written consent of Vigilant, (i) copy, duplicate or grant permission to the LEARN Software Service or any part thereof; (ii) create, attempt to create, or grant permission to the source program and/or object program associated with the LEARN Software Service; (iii) decompile, disassemble or reverse engineer any software component of the LEARN Software Service for any reason, including, without limitation, to develop functionally similar computer software or services; or (iv) modify, alter or delete any of the copyright notices embedded in or affixed to the copies of any components of the LEARN Software Service. Agency shall instruct each User to comply with the preceding restrictions. (d) Third Party Software and Data. If and to the extent that Vigilant incorporates the software and/or data of any third party into the LEARN Software Service, including but not limited to the LEA LPR Data, and use of such third party software and/or data is not subject to the terms of a license agreement directly between Agency and the third party licensor, the license of Agency to such third party software and/or data shall be defined and limited by the license granted to Vigilant by such third party and the license to the LEARN Software Service granted by Vigilant under this Agreement. Agency specifically acknowledges that the licensors of such third party software and/or data shall retain all ownership rights thereto, and Agency agrees that it shall not (i) decompile, disassemble or reverse engineer such third party software or otherwise use such third party software for any reason except as expressly permitted herein; (ii) reproduce the data therein for purposes other than those specifically permitted under this Agreement; or (iii) modify, alter or delete any of the copyright notices embedded in or affixed to such third party software. Agency shall instruct each User to comply with the preceding restrictions. (e) Non -Exclusive Licensed Access. Agency acknowledges that the right or ability of Vigilant to license other third parties to use the LEARN Software Service is not restricted in any manner by this Agreement, and that it is Vigilant's intention to license a number of other LEAs to use the LEARN Software Service. Vigilant shall have no liability to Agency for any such action. 3. Other Matters Relating to Access to LEARN Software Service. (a) Accessibility. The LEARN Software Service, LPR Data and associated analytical tools are accessible to LEAs ONLY and are accessible pursuant to one of the following two methods: (1) LPR Data Program. Access to the LEARN Software Service through the LPR Data Program allows for available LPR Data to be used at a much deeper level to include partial plate queries, geo-fence queries, and analytic reports such as common plate and possible associate analysis. (2) Application Programming Interface (API). The API access method allows for integration of the LPR Data into external third -party analytic tools. The API does NOT provide ownership rights to the LPR Data, only access during the subscription period. The API is optional, and available only in conjunction with the LPR Data Program for an additional fee. VigilarL Solutions - Lf R Data Program Agreement ver. 1.0 42 of 245 \/YLGILANT�uri❑ivs (b) Access to LEA LPR Data. LEA LPR Data is provided as a service to LEAs at no additional charge. (c) Eligibility. Agency shall only authorize individuals who satisfy the eligibility requirements of "Users" to access the LEARN Software Service. Vigilant in its sole discretion may deny LEARN Software Service access to any individual based on such person's failure to satisfy such eligibility requirements. (d) Account Security (Agency Responsibility). (1) Agency shall be responsible for assigning an account administrator who in turn will be responsible for assigning to each of Agency's Users a username and password (one per user account). An unlimited number of User accounts is provided. Agency will cause the Users to maintain username and password credentials confidential and will prevent use of such username and password credentials by any unauthorized person(s). Agency shall notify Vigilant immediately if Agency believes the password of any of its Users has, or may have, been obtained or used by any unauthorized person(s). In addition, Agency must notify Vigilant immediately if Agency becomes aware of any other breach or attempted breach of the security of any of its Users' accounts. (2) User logins are restricted to agents and sworn officers of the Agency. No User Iogins may be provided to agents or officers of other local, state, or Federal LEAs. LPR Data must reside within the LEARN Software Service and cannot be copied to another system, unless Agency purchases Vigilant's API. (e) Data Sharing. Agency at its option may share its LEA LPR Data with similarly situated LEAs who contract with Vigilant to access the LEARN Software Service (for example, LEAs who share LEA LPR Data with other LEAs). (f) Subscriptions. LEARN Software Service software applications and LPR Data is available to Agency and its Users on an annual subscription basis. 4. Restrictions on Access to LEARN Software Service. (a) Non Disclosure of Confidential Information. Agency and each User will become privy to Confidential Information during the term of this Agreement. Agency acknowledges that a large part of Vigilant's competitive advantage comes from the collection and analysis of this Confidential Information and Agency's use, except as expressly permitted under this Agreement, and disclosure of any such Confidential Information would cause irreparable damage to Vigilant. (b) Restrictions. As a result of the sensitive nature of the Confidential Information, Agency agrees, except to the extent expressly permitted under this Agreement, (i) not to use or disclose, directly or indirectly, and not to permit Users to use or disclose, directly or indirectly, any LPR location information obtained through Agency's access to the LEARN Software Service or any other Confidential Information; (ii) not to download, copy or reproduce any portion of the LPR Data and other Confidential Information; and (iii) not to sell, transfer, license for use or otherwise exploit the LPR Data and other Confidential Information in any way. Additionally, Agency agrees to take all necessary precautions to protect the Confidential Information against its unauthorized use or disclosure and exercise at least the same degree of care in safeguarding the Confidential Information as Agency would with Agency's own confidential information and to promptly advise Vigilant in writing upon learning of any unauthorized use or disclosure of the Confidential Information. (c) Third Party Information. Agency recognizes that Vigilant has received, and in the future will continue to receive, from LEAs associated with Vigilant their confidential or proprietary information ("Associated Third Party Confidential Information"). By way of example, Associated Third Party Confidential Information includes LEA LPR Data. Agency agrees, except to the extent expressly permitted by this Agreement, (i) not to use or to disclose to any person, firm, or corporation any Associated Third Party Confidential Information, (ii) not to download, copy, or reproduce any Associated Third Party Confidential Information, and (iii) not to sell, transfer, license for use or otherwise exploit any Associated Third Party Confidential Information. Additionally, Agency agrees to take all necessary precautions to protect the Associated Third Party Confidential Information against its unauthorized use or disclosure and exercise at least the same degree of care in safeguarding the Associated Third Party Confidential Information as Agency would with Agency's Vigilant Solutions — LPR Data Program .Agreement ve 1 0 43 of 245 \y�VIGILANT 5 0 L U T I O N S own confidential information and to promptly advise Vigilant in writing upon learning of any unauthorized use or disclosure of the Associated Third Party Confidential Information. (d) Non -Publication. Agency shall not create, publish, distribute, or permit any written, electronically transmitted or other form of publicity material that makes reference to the LEARN Software Service or this Agreement without first submitting the material to Vigilant and receiving written consent from Vigilant thereto. This restriction is specifically intended to ensure consistency with other media messaging. (e) Non -Disparagement. Agency agrees not to use proprietary materials or information in any manner that is disparaging. This prohibition is specifically intended to preclude Agency from cooperating or otherwise agreeing to allow photographs or screenshots to be taken by any member of the media without the express consent of Vigilant. Agency also agrees not to voluntarily provide ANY information, including interviews, related to Vigilant, its products or its services to any member of the media without the express written consent of Vigilant. (f) and common sense. (b) Manner of Use. Agency must use its account in a manner that demonstrates integrity, honesty, Survival of Restrictions and Other Related Matters. (1) Agency shall cause each User to comply with the provisions of this Section 4. (2) Agency agrees to notify Vigilant immediately upon discovery of any unauthorized use or disclosure of Confidential Information or any other breach of this Section 4 by Agency or any User, and Agency shall reasonably cooperate with Vigilant to regain possession of the Confidential Information, prevent its further unauthorized use, and otherwise prevent any further breaches of this Section 4. (3) Agency agrees that a breach or threatened breach by Agency or a User of any covenant contained in this Section 4 will cause irreparable damage to Vigilant and that Vigilant could not be made whole by monetary damages. Therefore, Vigilant shall have, in addition to any remedies available at law, the right to seek equitable relief to enforce this Agreement. (4) No failure or delay by Vigilant in exercising any right, power or privilege hereunder will operate as a waiver thereof, nor will any single or partial exercise of any such right, power or privilege preclude any other or further exercise thereof. (5) for an indefinite period of time. 5. Term and Termination. The restrictions set forth in this Section 4 shall survive the termination of this Agreement (a) Term. The initial term of this Agreement is for one (1) year beginning on the Effective Date (the "Initial Term"), unless earlier terminated as provided herein. Sixty (60) days prior to the expiration of the Initial Term and each subsequent Service Period, Vigilant will provide Agency with an invoice for the Service Fee due for the subsequent twelve (12) month period (each such period, a "Service Period"). This Agreement will be extended for a Service Period upon Agency's payment of that Service Period's Service Fee, which is due 30 days prior to the expiration of the Initial Term or the existing Service Period, as the case may be. (b) Termination. (1) Agency may terminate this Agreement upon thirty (30) days prior written notice to Vigilant for any reason. (2) Vigilant may terminate this Agreement upon: (A) thirty (30) days prior written notice for any reason. (B) a failure on the part of Agency to pay any amount due and payable to Vigilant under this Agreement within thirty (30) days following receipt of written notice from Vigilant of such failure; or 44 of 245 \/YLL� ILANT o N s (C) a material breach of any other provision of this Agreement by Agency or any User which remains uncured for thirty (30) days following receipt of written notice from Vigilant of such material breach. (c) Effect of Termination. Upon termination or expiration of this Agreement for any reason, all licensed rights granted in this Agreement will immediately cease to exist and Agency must promptly discontinue all use of the LEARN Software Service, erase all LPR Data accessed through the LEARN Software Service from its computers, including LPR Data transferred to an API, and return all copies of any related documentation and other materials. (d) No Refunds. Upon termination of this Agreement for any reason whatsoever, whether by Agency or Vigilant, Agency shall not be entitled to a refund of the annual subscription fee, or any portion thereof. 6. Miscellaneous. (a) Notices. Any notice under this Agreement must be written. Notices must be addressed to the recipient and either (i) hand delivered; (ii) placed in the United States mail, certified, return receipt requested; (iii) deposited with an overnight delivery service; or (iv) sent via e-mail and followed with a copy sent by overnight delivery or regular mail, to the address or e-mail address specified below. Any mailed notice is effective three (3) business days after the date of deposit with the United States Postal Service or the overnight delivery service, as applicable; all other notices are effective upon receipt. A failure of the United States Postal Service to return the certified mail receipt to the dispatcher of such notice will not affect the otherwise valid posting of notice hereunder. Vigilant's address for all purposes under this Agreement is: Vigilant Solutions, LLC Agency's address for all purposes under this Agreement is: Attn: Steve Cintron 1152 Stealth Street Attn: Livermore, California 94551 Telephone: 925-398-2079 Telephone: E-mail: steve.cintron@vigilantsolutions.com E-mail: with a copy to: Holland, Johns & Penny, L.L.P. Attn: Margaret E. Holland 306 West Seventh Street, Suite 500 Fort Worth, Texas 76102 Telephone: 817-335-1050 E-mail: meh@hjpllp.com Either party may designate another address for this Agreement by giving the other party at least five (5) business days' advance notice of its address change. A party's attorney may send notices on behalf of that party, but a notice is not effective against a party if sent only to that party's attorney. (b) Disclaimer. Vigilant makes no express or implied representations or warranties regarding Vigilant's equipment, website, online utilities or their performance, availability, functionality, other than a warranty of merchantability and fitness for the particular purpose of searching for license plate locations in the database and Vigilant Solution; — LPR Data Program Agreement ver. 1.0 45 of 245 \YIGILANT performing other related analytical functions. Any other implied warranties of merchantability or fitness for a particular purpose are expressly disclaimed and excluded. (c) Limitations of Liability. VIGILANT WILL NOT BE LIABLE FOR AGENCY'S USE OF THE LPR DATA OR LEARN SOFTWARE SERVICE APPLICATIONS AND WILL NOT BE LIABLE TO AGENCY UNDER ANY CIRCUMSTANCES WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE OR GOODWILL OR ANTICIPATED PROFITS OR LOST OF BUSINESS). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS PROHIBITED OR OTHERWISE UNENFORCEABLE VILIGANT'S CUMULATIVE LIABILITY TO AGENCY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT PAID TO VIGILANT BY THE AGENCY FOR SERVICES SUPPLIED UNDER THIS AGREEMENT BY VIGILANT. (d) Indemnification. Agency agrees to indemnify, defend and hold harmless Vigilant and its employees, representatives, agents, officers, directors, and corporate employees (each, an "Indemnified Party"), against any and all claims, suits, actions, or other proceedings brought against the Indemnified Party based on or arising from any claim (i) resulting from Agency's or a User's breach of this Agreement, (ii) that involves any vehicle owned or operated by Agency, (iii) or any employee or independent contractor hired by Agency or (iv) any and all claims based on Agency's or a User's actions or omissions. (e) Independent Contractor Status. Each party will at all times be deemed to be an independent contractor with respect to the subject matter of this Agreement and nothing contained in this Agreement will be deemed or construed in any manner as creating any partnership, joint venture, joint enterprise, single business enterprise, employment, agency, fiduciary or other similar relationship. (f) Assignment of this Agreement. Agency may not assign its rights or obligations under this Agreement to any party, without the express written consent of Vigilant. (g) No Exclusivity. Vigilant may at any time, directly or indirectly, engage in similar arrangements with other parties, including parties which may conduct operations in geographic areas in which Agency operates. Additionally, Vigilant reserves the right to provide LPR Data to third -party entities for purposes of promotions, marketing, business development or any other commercially reasonable reason that Vigilant deems necessary and appropriate. (h) No Reliance. Agency represents that it has independently evaluated this Agreement and is not relying on any representation, guarantee, or statement from Vigilant or any other party, other than as expressly set forth in this Agreement. (i) Governing Law; Venue. THIS AGREEMENT IS GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS WITHOUT REGARD TO CONFLICTS -OF -LAWS PRINCIPLES. THE PARTIES HERETO CONSENT THAT VENUE OF ANY ACTION BROUGHT UNDER THIS AGREEMENT WILL BE IN TARRANT COUNTY, TEXAS. (j) Amendments. Except as otherwise permitted by this Agreement, no amendment to this Agreement or waiver of any right or obligation created by this Agreement will be effective unless it is in writing and signed by both parties. Vigilant's waiver of any breach or default will not constitute a waiver of any other or subsequent breach or default. (k) Entirety. This Agreement and the Agency's purchase order, setting forth Vigilant's LEARN Software Service being purchased by Agency pursuant to this Agreement and the related product code and subscription price, represent the entire agreement between the parties and supersede all prior agreements and communications, oral or written between the parties. Except to the limited extent expressly provided in this Section 6(k), no contrary or additional terms contained in any purchase order or other communication from Agency will be a part of this Agreement. (I) Force Majeure. Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement if nonperformance is caused by an occurrence beyond the reasonable control of such party and without its fault or negligence such as acts of God or the public enemy, acts of the Government in either its 46 of 245 vVIGILANT sa�u�io nis sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, delays of common carriers, or any other cause beyond the reasonable control of such party. (m) Severability. If any provision of this Agreement is held to be invalid, illegal or unenforceable for any reason, such invalidity, illegality or unenforceability will not affect any other provisions of this Agreement, and this Agreement will be construed as if such invalid, illegal or unenforceable provision had never been contained herein. (n) CJIS Requirements. Agency certifies that its LEARN users shall comply with the CJIS requirements outlined in Exhibit A. Vigilant Solutions — LPP, Data Program Agreement ver. 1.0 Page 7 of 11 47 of 245 \�JVI G I LANT S❑ � U T I O N 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement by persons duly authorized as of the date and year first above written. Company: Vigilant Solutions, LLC Authorized Agent: Bill Quinlan Title: Vice President Sales Operations Date: Signature: Agency: Authorized Agent: Title: Date: Signature: [signature page — LPR Data Program State and Local Law Enforcement Agency Agreement] Vigilant Solutions — I_PR Data Program Agreement ver. 1.0 48 of 245 VIGILANT Exhibit A: CJIS Requirements Vigilant and Agency agree on the importance of data security, integrity and system availability and that these security objectives will only be achieved through shared responsibility. Vigilant and Agency agree they will more likely be successful with information security by use of the Vigilant supplied technical controls and client Agency use of those controls; in conjunction with agency and personnel policies to protect the systems, data and privacy. Vigilant and Agency agree that Agency owned and FBI-CJIS supplied data in Vigilant systems does not meet the definition of FBI-CJIS provided Criminal Justice Information (CJI). Regardless, Vigilant agrees to treat the Agency -supplied information in Vigilant systems as CJI. Vigilant will strive to meet those technical and administrative controls; ensuring the tools are in place for the proper protection of systems, information and privacy of individuals to the greatest degree possible. Vigilant and Agency agree that information obtained or incorporated into Vigilant systems may be associated with records that are sensitive in nature having, tactical, investigative and Personally Identifiable Information. As such, that information will be treated in accordance with applicable laws, policies and regulations governing protection and privacy of this type of data. Vigilant and Agency agree that products and services offered by Vigilant are merely an investigative tool to aid the client in the course of their duties and that Vigilant make no claims that direct actions be initiated based solely upon the information responses or analytical results. Further, Vigilant and Agency agree that Agency is ultimately responsible for taking the appropriate actions from results, hits, etc. generated by Vigilant products and require ongoing training, human evaluation, verifying the accuracy and currency of the information, and appropriate analysis prior to taking any action. As such, the parties agree to do the following: Vigilant: 1. Vigilant has established the use of FBI-CJIS Security Policy as guidance for implementing technical security controls in an effort to meet or exceed those Policy requirements. 2. Vigilant agrees to appoint a CJIS Information Security Officer to act as a conduit to the client Contracting Government Agency, Agency Coordinator, to receive any security policy information and disseminate to the appropriate staff. 3. Vigilant agrees to adhere to FBI-CJIS Security Policy Awareness Training and Personnel Screening standards as required by the Agency. 4. Vigilant agrees, by default, to classify all client supplied data and information related to client owned infrastructure, information systems or communications systems as "Criminal Justice Data". All client information will be treated at the highest level of confidentiality by all Vigilant staff and authorized partners. Vigilant has supporting guidance/policies for staff handling the full life cycle of information in physical or electronic form and has accompanying disciplinary procedures for unauthorized access, misuse or mishandling of that information. 5. Vigilant will not engage in data mining, commercial sale, unauthorized access and/or use of any of Agency owned data. 6. Vigilant and partners agree to use their formal cyber Incident Response Plan if such event occurs. 7. Vigilant agrees to immediately inform Agency of any cyber incident or data breach, to include DDoS, Malware, Virus, etc. that may impact or harm client data, systems or operations so proper analysis can be performed and client Incident Response Procedures can be initiated. Vgilant Solutions — LPR Data Program Ag: - n2nt ver 49 of 245 �VJVIGILANT s o � u r i o N s 8. Vigilant will only allow authorized support staff to access Agency's account or Agency data in support of Agency as permitted by the terms of contracts. 9. Vigilant agrees to use training, policy and procedures to ensure support staff use proper handling, processing, storing, and communication protocols for Agency data. 10. Vigilant agrees to protect client systems and data by monitoring and auditing staff user activity to ensure that it is only within the purview of system application development, system maintenance or the support roles assigned. 11. Vigilant agrees to inform Agency of any unauthorized, inappropriate use of data or systems. 12. Vigilant will design software applications to facilitate FBI-CJIS compliant information handling, processing, storing, and communication of Agency. 13. Vigilant will advise Agency when any software application or equipment technical controls are not consistent with meeting FBI-CJIS Policy criteria for analysis and due consideration. 14. Vigilant agrees to use the existing Change Management process to sufficiently plan for system or software changes and updates with Rollback Plans. 15. Vigilant agrees to provide technical security controls that only permit authorized user access to Agency owned data and Vigilant systems as intended by Agency and data owners. 16. Vigilant agrees to meet or exceed the FBI-CJIS Security Policy complex password construction and change rules. 17, Vigilant will only provide access to Vigilant systems and Agency owned information through Agency managed role -based access and applied sharing rules configured by Agency. 18. Vigilant agrees to provide technical controls with additional levels of user Advanced Authentication in Physically Non -Secure Locations. 19. Vigilant agrees to provide compliant FIPS 140-2 Certified 128-bit encryption to Agency owned data during transport and storage ("data at rest") while in the custody and control of Vigilant. 20. Vigilant agrees to provide firewalls and virus protection to protect networks, storage devices and data. 21. Vigilant agrees to execute archival, purges and/or deletion of data as configured by the data owner. 22. Vigilant agrees to provide auditing and alerting tools within the software applications so Agency can monitor access and activity of Vigilant support staff and Agency users for unauthorized access, disclosure, alteration or misuse of Agency owned data. (Vigilant support staff will only have access when granted by Agency.) 23. Vigilant will only perform direct support remote access to Agency systems/infrastructure when requested, authorized and physically granted access to the applications/systems by Agency. This activity will be documented by both parties. 24. Vigilant creates and retains activity transaction Togs to enable auditing by Agency data owners and Vigilant staff. 25. Vigilant agrees to provide physical protection for the equipment -storing Agency data along with additional technical controls to protect physical and logical access to systems and data. 26. Vigilant agrees to participate in any Information or Technical Security Compliance Audit performed by Agency, state CJIS System Agency or FBI-CJIS Division. 27. Vigilant agrees to perform independent employment background screening for its' staff and participate in additional fingerprint background screening as required by Agency. 28. Vigilant agrees that Agency owns all Agency contributed data to include "hot -lists", scans, user information etc., is only shared as designated by the client and remains the responsibility and property of Agency. Agency: 1. Agency agrees to appoint an Agency Coordinator as a central Point of Contact for all FBI-CJIS Security Policy related matters and to assign staff that are familiar with the contents of the FBI-CJIS Security Policy. Vigilant Solutions — LPh Data Program a;ryrerrn:ent .ler I n 50 of 245 Nor VIGILr i AN s a � u n N sT 2. Agency agrees to have the Agency Coordinator provide timely updates with specific information regarding any new FBI-CJIS, state or local information security policy requirements that may impact Vigilant compliance or system/application development and, to facilitate obtaining certifications, training, and fingerprint -based background checks as required. 3. Agency agrees to inform Vigilant when any FBI-CJIS Security Awareness Training, personnel background screening or execution of FBI-CJIS Security Addendum Certifications are required. 4. Agency agrees to immediately inform Vigilant of any relevant data breach or cyber incident, to include DDoS, Malware, Virus, etc. that may impact or harm Vigilant systems, operations, business partners and/or other Agencies, so proper analysis can be performed, and Incident Response Procedures can be initiated. 5, Agency agrees that they are responsible for the legality and compliance of information recorded, submitted or placed in Vigilant systems and use of that data. 6. Agency agrees that they are responsible for proper equipment operation and placement of equipment. 7. Agency agrees that they are responsible for vetting authorized user access to Vigilant systems with due consideration of providing potential access to non -Agency information. 8. Agency agrees that responsibility and control of persons granted access to purchased Vigilant systems, along with data stored and transmitted via Vigilant systems, is that of the Agency. 9. Agency agrees that they have responsibility for all data security, handling and data protection strategies from point of acquisition, during transport and until submission ("Hotlist upload") into Vigilant systems. 10. Agency agrees to reinforce client staff policies and procedures for secure storage and protection of Vigilant system passwords. 11. Agency agrees to reinforce client staff policies for creating user accounts with only government domain email addresses. Exceptions will be granted in writing. 12. Agency agrees to reinforce client staff policies for not sharing user accounts. 13. Agency agrees to use Vigilant role -based access as designed to foster system security and integrity. 14. Agency agrees that they control, and are responsible for, appropriate use and data storage policies as well as procedures for the data maintained outside the Vigilant systems. This includes when any information is disseminated, extracted or exported out of Vigilant systems. 15. Agency agrees that they control and are responsible for developing policies, procedures and enforcement for applying deletion/purging and dissemination rules to information within and outside the Vigilant systems. 16. Agency agrees that it is their responsibility to ensure data and system protection strategies are accomplished through the tools provided by Vigilant for account and user management features along with audit and alert threshold features. 17. Agency agrees to use the "virtual escorting" security tools provided for managing client system remote access and monitor Vigilant support staff when authorized to assist the client. 18. Agency agrees that the Vigilant designed technical controls and tools will only be effective in conjunction with Agency created policies and procedures that guide user access and appropriate use of the system. 19, Agency agrees that information and services provided through Vigilant products do not provide any actionable information, Agency users are responsible for the validity and accuracy of their data and developing procedures to verify information with the record owner and other systems (NCIC) based upon the potential lead generated. 51 of 245 AGREEMENT BY AND BETWEEN T.HE CITY OF NATIONAL CITY AND I.P.S. GROUP, INC. THIS AGREEMENT is entered into on this 16th day of October, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and I.P.S. GROUP, INC,, a Pennsylvania corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide a comprehensive Pilot Parking Enforcement Management System and Permit System. WHEREAS, the CITY has determined that the CONTRACTOR is a provider of parking management equipment, products, and services to meet the City's parking management needs and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENQAGEMENT OIL CONTRAc'!'Ql. The CITY agrees to engage the CONTRACTOR to provide parking management equipment to include single-space parking meters, hand-held mobile enforcement devices, license plate reader (LPR) equipment and software; web -based parking management enforcement and permit software; data collection; and technical support, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EF ECTIVE DATE AIVNJ 1 GTI OF AGREEMENT. This Agreement will become effective on October 16, 2018. The duration of this Agreement is for the period of October 16, 2018 through October 15, 2021. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement .may be extended by mutual written agreement upon the same terms and conditions for an additional one (1) year terms. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager, 3. CO. E F SERVI E 9 The CONTRACTOR will perform the following services as set forth in the attached Exhibit "A"; a. procurement and programming of single-space digital parking meters; b, mapping of permit parking districts and time restricted zones; 52 of 245 c. procurement, programming, and installation of License Plate Reader technology (both handheld and vehicle mounted) for use by Parking Enforcement staff; d. implementaton and support for online parking enforcement management system; e. implementation and support for online parking permit management system. The CONTRACTOR shall be responsible for all research and reviews related to the work and shall not rely on personnel ofthe CITY for such services, except as authorized in advance by the CITY. The CONTRACTOR shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, on sixty (60) days written notice, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR 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 CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Nick Stanton, Director of Business Development, is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AN!) PAYMENT. The compensation for the CONTRACTOR shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, Wally. The total cost for all work described in Exhibit "A" shall not exceed $320,000. The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY, consistent with Section 6 The CONTRACTOR 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 times during the terra 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 dime. In the event the CONTRACTOR and the CITY cannot agree to the quality or acceptability ofthe work, the manner of performance and/or the compensation payable to the CONTRACTOR in this Agreement, the CITY or the CONTRACTOR shall give to the other written notice. Within ten (10) business days, the CONTRACTOR and the CITY shall each prepare a report which supports their position and file the same with the other party. Standard Agreement Page 2 of 12 City nfNtatioautl City and Revised July 2017 IPS Group, Inc. 53 of 245 7. DISPOSITION. AND OWNERSHIP OF. DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR solely 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 CONTRACTOR hereby assigns to the CITY, and CONTRACTOR thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared tinder this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer, The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works.Nothing contained herein (including any right contained in Section 19 D) shall constitute a transfer, assignment or alienation of the intellectual property rights vesting in IPS in respect of any product or software of IPS which vested before or vests in IPS after the commencement of this Agreement even if resulting fiom the execution of this Agreement, In exercising any of the City's rights under this Agreement, the City will not adversely affect IPS' intellectual property rights in and to the products and/or software subject to this Agreement, Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONTRACTOR shall relieve the CONTRACTOR 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 in writing. 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 CONTRACTOR nor the CONTRACTOR'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 CONTRACTOR and the CONTRACTOR'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 CONTRACTOR and its employees, Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(S) to adhere to the applicable terms of this Agreement. Standard Agreement Page 3 of 12 City or National City and Revised July 2017 113E Group, lac. 54 of 245 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE von!! APPLI[CABLE_LAW. The CONTRACTOR, 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 CONTRACTOR and each of its SUBCONTRACTOR(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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the CONTRACTOR 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 CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project for which the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that, at the time of supply thereof, all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR liable 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. SUmdad Agreement Page 4 of 12 City of Nation! City and Revised July 2017 IPS Group, Inc. 55 of 245 13. NON-DISCRIMINATION PROVISIONS. The CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. COIsIFIDENTIAL_INFORMATION. The CITY may from time to throe communicate to the CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfirlly disclosed to the CONTRACTOR 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 CONTRACTOR shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject natter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, cyber-related risks that include theft, loss or misuse of data, release of private information and responsibility for costs, regulatory fines and penalties as well as credit monitoring expenses, 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 CONTRACTOR'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CI'I'Y, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONTRACTOR. shall employ competent counsel, reasonably acceptable to the City Attorney. Standard Agreement Page 5 of 12 City of National City and Revised July 2017 I I's aronp, Inc. 56 of 245 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. CONTRACTOR'S total liability for any costs arising under this Section shall not exceed the actual cost of those regulatory fines and penalties, as well as credit monitoring expenses described in this Section. CONTRACTOR'S total liability for any other costs, aside from cyber-related theft, loss, misuse, arising under this Section shall not exceed the amount covered by CONTRACTOR'S insurance described in Section 17. 16. WORKERS' COMPENSATION. The CONTRACTOR 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 CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUI3CONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. W. If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. 13, 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 $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. 13. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed Standard Agreement Page 6 of 12 Lily of National City anti Revised July 2017 IPS Group, Inc. 57 of 245 with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. E. Cyber )Lability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall include, but not be limited to, claims involving infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, alteration of electronic information, extortion and network security. The policy shall provide coverage for breach response costs as well as regulatory fines and penalties as well. as credit monitoring expenses. The policy shall name the CITY, its officers, officials, employees, and volunteers as additional insureds on the Cyber Liability policy with respect to liability arising out of work or operations performed by or on behalf of CONTRACTOR OR including materials, parts, or equipment furnished in connection with such work or operations. 1{. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection H below, of cancellation or material change. G. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR 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. H. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City cfo Risk Manager 1243 National City Boulevard National City, CA 91950-4397 I. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they roust be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. J. 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 CONTRACTOR 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. Standard Agreement Page 7 of 12 City of National City and Revised July 2017 IPS Group, Inc. 58 of 245 K. All deductibles and self -insured retentions in excess of$10,000 must be disclosed to and approved by the CITY. L. If the CONTRACTOR 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 CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. •LltGAL,1 EES. 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 Eland 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 shall, in addition, be limited to the amount of attorney's fees incurred by the prevailing party .in its prosecution or defense of the action. 1.9. TF!;RMINATION. 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 CONTRACTOR. During said 6O-day period the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR. 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 CONTRACTOR'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 baankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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 Standard Agreement Page 8 of 12 City °MNationa! City and Revised July 2017 IPS Group, Inc. 59 of 245 or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, teleeopy, 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 and Public Works Department City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Nick Stanton Director of Business Development IPS Group, Inc, 7737 Kenamar Court San Diego, CA 92121 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 ANI) POLITICAL REFORM ACT QB1,4QATIONS. During the term of this Agreement, the CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the CITY. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR, has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR shall immediately disqualify itself and shall not use its official position to influence in any way any matter corning before the CITY in which the CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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. Standard Agreement Page 9 of 12 Revised July 2017 IPS Group, Inc. City of National City and 60 of 245 Ij If checked, the CONTRACTOR shalt comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of :Interest Code. Specifically, the CONTRACTOR 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 CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 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 1720,1.720.2, 1720.3, 1720.4, and 1.771. Contractor 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 PROV.IS.IONS. A. Computation of Time Periods. If any date or tirne 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. 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 A.greernent or any provision hereof. 1D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto, E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Ag>reement. 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. I1. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. 1. 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. J. Entire Agreement: This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the Standard Agreement Page 10 of 12 City of National City and Revised July 2017 il'S Group, Inc. 61 of 245 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 Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR 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 subcontractor(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. Force Majeure. If either party is prevented from performing its obligations in teens of this Agreement by any event not within the reasonable control of that party, including, but not limited to, acts of God, war, civil unrest, terrorism, sanctions, destruction of or damage to production facilities, labor disturbances, failures of public utilities, that affected party shall not be in breach of its obligations in terms of this Agreement. Provided, however, the affected party shall notify the other party of the event of force majeure within 14 days of it arising and the period during which the affected party has to perform shall be extended by the period of the force majeure and that if the period of :force majeure exceeds a continuous period of one hundred and eighty days then the other party shall be entitled to terminate this Agreement without being liable for or being entitled to any claim by or against the affected party. N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. O. Severability. Should any term or condition contained in this Agreement be or become unenforceable for whatever reason then that offending term or condition shall be severed from this Agreement and the remaining terms and conitions shall continue to be binding on the parties hereto, [Signature page to follow] Standard Agreement Page 1.1 of 12 City of National City and Revised July 2017 IPS Group, tee. 62 of 245 IN WITNESS WHEREOF, the parties and year first above written. CITY OF NATIONAL CITY Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones Attorney By: Ro erto M. Contreras Deputy City Attorney hereto have executed this Agreement on the date I.P.S. GROUP, INC., A PENNSYLVANIA CORPORATION (Corporation — signatures 0/ Iwo corporate officer's' required) By: C-ti.ro) AtINvi44. (Print) (Title) By: (Name) (Print) eAf (Title) 4 64.4.456G. Standard Agreement Page 12 of 12 City erNational City and Revised July 2017 IPS Group, Inc. 63 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 64 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the First Amendment to the Agreement by and between the City of National City and HAPPY Software, Inc., MRI Software LLC., for an additional annual subscription of $5,639.00 to pay for software upgrades, technical support and training for the Section 8 Housing Resolution of the City Council of the City of National City approving the First Amendment to the Agreement by and between the City of National City and HAPPY Software, Inc., MRI Software LLC., for an additional annual subscription of $5,639.00 to pay for software upgrades, technical support and training for the Section 8 Housing Choice Voucher Program. (Housing) Please scroll down to view the backup material. 64 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE• Ortcth r 1, 2C119 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City approving the First Amendment to the Agreement by and between the City of National City and HAPPY Software, Inc., MRI Software LLC., for an additional annual subscription of $5,639.00 to pay for software upgrades, technical support and training for the Section 8 Housing Choice Voucher Program. PREPARED BY: Marta Rios, ;) DEPARTMENT: Housing Aurity Housing Programs anager PHONE: 619-336-4259 APPROVED BY EXPLANATION: In accordance with the federal regulations 24 CFR 92.207(a) (1) Housing and Urban Development (HUD) funds are eligible for administrative and planning costs for salaries, wages, and related costs allocated to CDC of the City of National City Housing Authority. The additional annual subscription of $5,639.00 will pay for software upgrades, technical support and training for the Section 8 Housing Choice Voucher Program. FINANCIAL STATEMENT: APPROVED: FINANCE APPROVED: MIS ACCOUNT NO. Housing Choice Voucher Program Administration for Contract Services FY-2020: 502-419-462-299-000 in the amount of $5,639.00. ENVIRONMENTAL REVIEW: Not applicable, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution to approve the First Amendment to the Agreement by and between the City of National City and HAPPY Software, Inc., MRI Software LLC. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. First Amendment to Agreement 2. Attachment 1: Order Document # 1 3. Attachment 2: Statement of Work - Work Authorization 4. Resolution 65 of 245 FIRST AMENDMEND TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND IIAPPY SOFTWARE, INC., MRI SOFTWARE LLC THIS FIRST AMENDMENT TO THE AGREEMENT is entered into this ist day of October , 2019, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and HAPPY Software, Inc., an MRI Software LLC Company a corporation (the "CONSULTANT"). RECITALS WHEREAS, on July 1, 2013 the CITY entered into an Agreement with the CONSULTANT to provide housing software upgrade. WHEREAS, the CITY has determined that the CONSULTANT is a major provider of software solutions to housing agencies administering Housing Choice Voucher - Section 8 and Public Housing programs and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on July 1, 2013 is hereby amended as follows: lli !1i 1. The term of the Agreement is hereby extended to September 30, 2020. 2. An additional Subscription Fees for the Upgrade Services and corresponding License are $5,639.00 annually, payable to MRI Software LLC., pursuant to the Order Document marked as Attachment "1" and the Statement of Work marked as Attachment "2" hereto and by this reference they are incorporated herein as though set —forth in full. 1 City's Stflndnitil Agreement —2011 revision 66 of 245 3. The parties further agree that, with the foregoing exceptions, each and every term and provision of the Agreement date July 1, 2013, shall remain in full force and effect. CITY OF NATIONAL CITY HAPPY SOFTWARE, INC. an MRI LLC (Signatures of two corporate officers required) By: Brad Raulston, City Manager APPROVED AS TO FORM: Angil P. Morris Jones City Attorney By: (Name) (Print) (Title) By: (Name) (Print) (Title) 2 City's Standard Abneenient —2011 revision 67 of 245 ClientiO: X581999 mri 1.fE.A ;',6-fA'I'S 150FIVAin RDER:.DOCUMENT S.tibstription License .a.hd:Maintenance Services This Order Decu.m:e.ritki inco•rp.biate.sby reference..and.is..governed bythe te.rros.aild .tenditient of the Agre•einentiky.Ail..d:BetWeen Th:0. City o•f NationNap p y So ftwa re ,Inc date d::•,inly. 1 , 2011:betwee.n MRS and:Chen t(fhe.".Agreernent".), and this. Order Do•cu mot is: effectlye a of Sep , 2019 (the "Effective .Date.P). Capita.:1104.0 terms th at a re n te•titerwlse d 0iihedir this Ord e r Do cm men siTaithave the.megningSsetforth in the Agrearaptit.. This Ord ef Pecan:lent iS.an• offer to make •a ritiffer and depS:nOt_con:stitu Lea vatid contrii.OilirdtWepti the Parties •until.cotintersigned by MRI. Any pricing terms In this Order DocuMent are valid -for thirtyt3q.day llawing.iStuadcetifthis Order Document, Community Development Commission of :National City ("Client") 140 E. 1:2th Street, Sub 13, Section 8 Rental Assistance Division National city, CA 91950 PIA.P.01( 'Software, LLC, an Mitt Software :LUC Company ("MRI") 28925. Fountain ..Parkway Solon,: OH 4409 Signature: Sign atirre Pr -in tiqame-: Print Name: Thellardes.accep tend agree -to th is-Order:Document, as fallo.ws:: APDITIONAL LI.EDsoFrWAREL1cENSE, Prod -ea Licenee•:--Metrit: 'quantity :in:Ste Ilatiort. Site. Territory 8 to .9..1 :Upgrade Server Upgrade hp to 1 Server 1.40::E...12.th. RN :.„'S dte El., Section 8:RettelAssistance:191vIsion:. Natignalgity,..:CA,:q1 950 USA: .. in iti:addltiOna 1 Su bs criptierrif eeafe for above'services an d.COnieSPe lidingtiterfseiMetrit.4trah tityare. ::tl.,:si.:$.5.Ar. -a r.i..n beilyi: payalii0.1n. .: 05. titltara:30.d.nys frorn.:-MRPs:HiTvalicedate.. The..SubScriptionServicesje.e-s.are.i.sehject tO the terms ancf•con.ditiens.o.f.theAgfe.:elherit with ari effectiVei date ofJUW.Ii..101,... The. first :inY01.mkr sucke.cidittOrtal.SttbsCriptie.n.F00:s.sh.all be pro-ratedto atign with .the:Client's currentinvolCeterra,. Thereafter, the. above:Ifs:W(1 additiOnallithsCriPtierr Fees:sh.:all.be renewed., billed,. p:ayable, andlitblect.to. any increases iri:.corijitrittiorf with the• • Cilenestutrent..Subseription Ftot, wegi4sE MIMICS AND USE RIGHTS p-EFINITtQNS lite: Rights.: 'Me iletns.e. to: use th•e• SwaS: Sere. Is priced based On ClienieS: .1,1CertSt.;Metrics. as efthe Effective: patORM. OrdOr' Do.e.u...rneri•t a rid:•-allows•Clientuse the Software to. :rnartage•wp to the cloartity.i.et-forth above . dditigri al*ert.w.sliustbe gurCh aso Cliegiuthe event:thenurnberof actuelticense.MetrICS;,excegdasuch I1censed quantity i irCiteor's acto;a1.:;:ijegr:kaaNtigttic...exoe.e.4 s..11011 licerSed quantlty. then MRI reserves the right ter:tharge a p:railltyM fee fee ally:04041o* Litense Metri.0 used .:„ The cost. ref .010Se additidnatlicense:swilt be at MRI's.then-current-feeL Th.e.fe.sh ail be no fees: aoldstaierm or rerun a for Any WU* dperoasos„ .Fees.(0 tiler thanoomblyweracce.s5 fe:esjete tiaseet-on.quan titypurchat:ed,..rfettage.. Fite Cornrow ity Devetopent Comeilf$06r1 tit.N.ational City Attachment tit .M111.Conlidential Page. 1 .ar 68 of 245 Statement of Work - Work Authorization mrt •ORDER DOCUMENT AND STATEMENT OF WORK #608775 ThISOrder.DUtjumentand StatementarWorkirtcorporate. by reference.andis governed bythg.terms.anci conditions.of the..Agi7eernen0y,p10.Elettive en tho.City of 11fitletlatalyendHapPyS.Oftware,inc, rAgree.me.ntl.tvIth. bettyeekt.HAPPYSaftwaro,.1,L.C, anIVIRISofttivarelICCOMpprty ("MP') and Community Development C0intillOSiOrt otNetIOnalCityrCildn'n. and is..effective4.0tSeptember 1,2019::("Effectiv.e Date'). Mont Name: Com m unityDevelopment Commission of National City Date: Judy 296,20.19 PROJECIISCOPE AND 5ply!MARY .(lientis,eng.eging.MT(00..d.ellyersorvicesas.Soolatatl With the. fOli0008::. • • intplinet .o Interrietteeining.farstaff a •Trairting.b*0 On 0.oittentki: tic ansact mod.taas u Moduleslodurle:: Wattingtist, Occupancy,Payment 1099,TAR,Ins.p.ee tionsi.thent- Speafit.S0trns., Dlrect De:00,511.: internetrBased PQ110WW.Treinlng:. u Apsistan0e:Witii r4.1.41111•41t.A010.0§s for the firglime. in Rot.t$IngPro o GPS wIU be:evelileble:WtoltistO:():huurs offollow tip treirtingms:neededi This..time wtll be Hied at actual tirne'spent • PrOlettMeriegernertt Phonolvse,d.agse$smentuttd:ltiticaff meting. 0 llevlow of .p rojec t Olen reponEllite .6 Pt e4Ittstallattorivetup • Inteme..tbee41:401fatiani d InstAlf $..e.reervith nowyertion :of Routing ..Pita5.at:rver Data con verSlon o Collet tcurrentliouSingproftles.and•coriverttOthettevvVertlort 0 Delivery beek.ta•Wv.eiligt01.11. be used forlio.oging.:RrOV C1lent4pettfic.Positivellayf MiBration. o Migrate POsitive pay.i.Pikti,r4oitnellew.version..:offloosing. Pro. Citentspcifit.Paymeat Export Migration, o Migrate PieyrneaDmorttothe newverslon.orliousinglh'0 QutofSeope ThlOC/Wdoe.s.nutinelude hardware. it 'KV Will :not o oktide installgtf0 of ollent user workstations, ITAsattenp:e may be neces$eryto.Ompiete., 4. :Manuel:date entry of case files inat included in the scopealthitpOject. a, 6 Attadirrient:#1. Property of MFI Software 4 Do not reoistribute. 69 of 245 Statement of Work - Work Authorization mr• Pl Oj.ECT PRE -RE UISI1 S 1. Before M:RI is able to secure/book any:Mi11 resources, ia:ravide•any targeted start and end:d'ates:for.praject;th:e follo.wii grrnist:be`fn place. 1:.1. The Master Agreement has beens1gned9 y both M I:5trid the.Client, if applicsihie. 1.2. State rrten:tof Workhas been sl:gned.by the Client and•re;t,urnedto'M:RI. MeacirSERVICE ..41yERPiBLES 1, ,IVIRI:has.:entie:avarecl•taiproVIcIt the r1`i4st.aoot .ate::es.tlmates toreac1'i deliverable:arrd ae.tl.vity. base l on the mope end budgetary:Information providecl'by:the ChhenLL All e.siinia:tes:at:th'Is..stage In the pro)e.cture;'sulaj :et to change. 2, The rc je.ct:tlthescales'ror•thls.proje.cta:n4.relate td.ofiverablesmarstb..e.:fo:r.r:nallyc:.omtrrunlca:te•d.and':egre..eduponby M'I talad. the. Cf.le•nt, 3.. MRimair talc s:a:bi:acicltai?,':ofproje•ctwo.r.lc;the'reforethr stertsi:ateferlbls_iarofe t:w1l1be•suabjectto:MRI.eva.il 'blflty.at th:e`tjrne this St itetteint,a:fWo:ricis.executed'Shouldyauhaveainyquests:oilsr:egactfinge`tcp:i ct eltacIdeg:for.tlils: pro)ec.t, ptease.;cn:nta.c:t Mfi`l..at•gpsreciuiests.g.rririsoftwar :coati, PROJECT.ASSUMPTI.ONS. 1, Cli:ent'fs respernsltale`f`ar.pravl:.dl:r1.g:a:il n.eceasary:d acurnentatlon for MRI to complete th.eScope. 2., that i t.eetsth.eHardwoirean.d:Netw:orkRr•_quirementsprrvicle:dtothe;m. .11N E CONTROL PROCEDU1RES •i:. Cha'l ges to: tls5;tife.rnent:of:Wor:k .p.;w ,) rn .y bd requieste0t:any um; hy•ei:the r party. As a.ny. rti:.posed changes to theoriginal :scop.eofworktnigh't,: ffert:ih'e-.p:rlekscleoul:i,.e:hangestha:1lncura.titlitional:Fe'es•o►`aftaitl:etermsof the originatS:O W must he: approve.d by elth:erp:erty`s P'rojecL Manegei (s.) oar proJ:eet.representattve(s:),'prior" to annen.dingtho'SOWWa.n(l irnpternentinngthe change; 2.. This,proced::uire•w.isll::be u :ect by'the :Par ties to control chanages to the.S:OW' e.n.d changes to any; prievlioursly approved se rvices.o.r dellvei°.dales, 3. The re.: iiest n::::art will;ere;ate: l P•ioject.Chan -:fiectu.estrPqr wl ischwil.I.serve as tlac uelti:icl Ear eoinniunleatln R-: .the.cfhaia,g . The PC ' hall::4 rtbe'the change, the justif "cation;for.th.e:ehnl ge .ael titlona:t fees,,an:et,the: lnapect.s ich . eh4ngewi11 have oTithro. W: 17116rec{ves.tfngparty's.dO((aria:tad Pig:ajec.lMaiiage.r.orproJ.ectre.presenta.tivewill'real.ewtile:proposed.:Ghaiig :and deter-n fn.e•.whe.the.rtosubniltthe::re:goestta the:otherp:ar:ty. S. The .P.anti :s-wl'll:re.viewthepr pose:dp.C.R:and:.wi.ltertii:eraa.pp.rove;lnvestigate'Itforth:e.rorreject:thePCR::'Ch:eP;Cif.will no:t:b:e:btnding•uri:Ci sl'gncd.by both:parties.: GENERAL ASSUMPTIONS 1, Onto. the: Stgtem.eritef' liarki`s.execuited,..the assigned hit.R1 Cons ilt:ent(s:)w:isl;l'be,scl ed.uledwith project:personnel at .a mutually agreeable tinietable-. .2. Effo'r'ts:a:roue.rdch.ange nlan.ageinen:t,husitkesSptpass: reengin6ertng,orproje:ctmlittoge:rent:ofCiJentres0ul'rreS:is co.iisldered:out of scope. 3. fvIetualfy: agreed'chranges to specff.lcatio:nsi whether'b.e.:fore;.:slirriiig or a•fter MRI's perforrn•aii.cew.li,l he handled lay pro:cessii g::a:ProJectCh.ange Request. 4. 'M'Rlr'eseeves.th:e::l:igl tto:c.h•arge<Cluente,eancetbtl_anfeetn.ac:cordancewithth.eAgra.ernent,::If;ap;piicable.. 5. Clie.n.t sh•el'rrialce re.asoncaible b•usines's e'f.forts:to>de livera stable network end Camp:uting env.iranment prior to .any. searvlces'e.ngagernant. 6. •Clieritand MRI will:uvo.rk together to•resotve- Il lssctetet: sted to the r't'oject.in a tinnely'faxti.ti.n. et 40 Property of MRI Software D.. not redistribute. 70 of 245 „41r1 Stateme t of or ( Work Authodzation m 7., Client -mid MRlwillcornmenizateanyc.h:anoes inscliedule,avallabilityof projectspersonnel, hardware; software, regx r ae,5 or fecifilles.relate..dtptheprojectwithin a re asonabletinlefraine hi advancer scheduled e.ngage.me:nts, 8. Client lAiiii.manage the availability .otappropriatepersonnel..for knowledge irnrei well as.ciec islon-making and egealation..of dodia.ions, 9... The projeettearnrOay:pdju0... the. mastererOjettillan based.orQaI YtetIcIfirkdiro.encl theCitent.5..ability tpSe. tire re:c1:141reci resoirces.., 10 LoctItioti otwork remptevnly... PRICING. ASSUMPTIONS: The nrofessienat.$erylee4feftestirnatesare.formRire.sQttrces. (or affiliates).. Clientunderstanathatprofessionalservices. fees :a re..ciue as.lni.m.ri!..ed. and a'r abate dart' among* bah t rnonth end..:Cite rit.agreesto pay Invoke In acce.i7cla nee with frivolte.'terms,::Fallore-topayinv.o.ICes will he handled irk::aecerclaricewith 1. li/14:fee5for.the.scopeofServices described inthis:Staterneot of Work will be billedtotheCile.nt 011:atirneand. materials basis .fOr hpotyservices and ata.fixed fee:basis...for all othersentices per he Pricing Schedule Vecjject Chang6Ikequeste.. (aka Change Orders).:.:executed .agal nstthis-eontract will be co ntrapted at:NJa-Standard ram.. Fe0.r.e. mark for Mgt se1vces no t associated with this:•:Statemient of W.orkWill.be c.ontracted at tian.dard:rates.. 4.. Tbe.c.ost astimategi.are fOr MRI personnel or affiliates and will. be Wiled on adi0:411y fderitffietf.CEIgl):1.4.P'04,40....01.0.c.frfie0 atthe repifest andforacceptanceofClient, ChangestnSCOPEwflI re4.01.refP.t. (poll above ). 6. Client resp.onsibleftir paymerit:ofany applicable taxes; tvi.R[W1.11 invoice.Client :for any applicabletaain onneetiOrt: withr.performaneepfthe;:statementotWorkin-accordance withthe Agreement. -Any tax amou.ntsare.overandabove.. the fees.angt expents:notediwtlitgatement ofWer kanttany.am:oantsvrapalti hereunder for.sueh.fees..and app I leciVita*Ogitp.. 7. PrItift.400:000e:1,“Objettt004400tgeVentpf.W.Orps.riptner(14.01.trarOS).,:0AYs Orettpfign..0te at:which...01v thts..Statettiort.4:Werk.vvill exp.tte. 41) Ptopeity Sof mere o..not 11nrihU1e. 71 of 245 Statement of Work Work Authorization PRICING SCHEDULE , Vil P ' ' lekg.t'r Inte:rn etilaseglTraxibtfig $:150 8 hours: Fikecifee i$4.,000 In it rn-et :Eigteti Follow up TrainI:mg,' $150 Up to. 2. Hours $300: Project ganagipplenit: ! $150 4 Ours Fixed: fee S600 i n Wrap bpseti lilltahtfpii, , $ISCI: 5 Hours $750 Data: Conversion $150 3 Ho u rs. $750 .... .. . ... . CV Stonn Payrneht Expo' Migatton $150 1 Instanc:es $150 CustOrn PoslOvp. Ray, File Migration $150: 1 : Ihstanc,es mt3i .„500,1c0T.001•:: : ::::::::::.::•.,:::::: ..:!i::::E'::::- . .: :: - : :- :$41oo Tfmg:w:lif 1,,a 11).140:1-ot a Octal .0mo,iSpdntifne00.04 AGREE:IN/1E141'TO COMMENCE WORK Vinth.hiy:sigokittl(0...1101.0W.a.:40.0.n bhIfof Ctient,..Ciientila.reby; (I) fa.dkridtiviOdte.01011.1):0140.tittStait.e010nt *Irk.** th e work agrp00:140h by OlOyir:Alti..41V1.114;(4):::00.0),Ov.0:$34j$ as Issu.edl.(ifiV.olvevapptaval.fOrteirtifuencernenter work as specified: herOth;..sinif(1V)..6:tidtadetiOet that theselerinta 5.:uhlactto.cllange.M. accord:totem/1th. any:modifitatio IA° thescopeofwork, CotCommunftyive�pmetitCommissionofNaiona1Cii1 Martall los mrtos enationalcityca: goy (619) 3.4257. * SIgnature: 'Namet * Date: t.Incliceet.fetivrrecfligla. Properry f)t IviRl Softwal e edlatibute. 72 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 73 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended June 30, 2019. (Finance) Please scroll down to view the backup material. 73 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO.: ITEM TITLE: Investment Report for the quarter ended June 30, 2019. PREPARED BY: IZ d G PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: W7//i•.I,A" FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: L`'�'/R- /ea FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended June 30, 2019. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings i 74 of 245 CALIFORNIA NATIONAL C! i V City Council Staff Report October 1, 2019 ITEM Staff Report: Investment Report for the quarter ended June 30, 2019. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of June 30, 2019 is summarized below and compared to the balance as of June 30, 2018. Table 1 6/30/19 6/30/18 Book Value 1 $91,919,836 $65,735,130 Market Value 2 $92,753,395 $65,533,931 (1) actual cost of investments (2) amount at which the investments could be sold The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 66.54% of the City of National City's total investment portfolio (57.53% and 9.01%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a 75 of 245 Page 2 Staff Report: Investment Report for the quarter ended June 30, 2019. October 1, 2019 withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of June 30, 2019 Table 2 Issuer/Manager Total Market % of Book Value Market Valuer YTM Portfolio Local Agency Investment Fund $52,995,001 2 $53,362,810 2.43% 3 57.53% Chandler Asset Management 30,564,555 31,036,585 2.00% 33.46% County of San Diego 8,360,280 8,354,000 2.39% 9.01% Totals for June 30, 2019 $91,919,836 $92,753,395 100.00% ' includes accrued interest 2 includes LAIF participation factor of 1.001711790 3 calculated on 30/360 basis lirTOTAL MARKET VALUE $92,753,395 County of San Diego $8,354,000 Chandler Asset Management $31,036,585 Local Agency Investment Fund $53,362,810 76 of 245 Page 3 Staff Report: Investment Report for the quarter ended June 30, 2019. October 1, 2019 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended June 30, 2019 Table 3 Issuer/Manager Period Yield 6/30/19 3/31/19 Change Return (Net)2 Local Agency Investment Fund $53,362,810 $20,587,012 $32,775,799 3 0.65% 2.61% Chandler Asset Management 31,036,585 30,610,026 426,559 1.42% NA County of San Diego 8,354,000 8,265,000 89,000 0.66% 2.67% Totals for June 30, 2019 $92,753,395 $59,462,038 $33,291,358 0.94% 4 1 includes accrued interest 2 annualized 3 total include withdrawal(s) of: $1,500,000 (5/13/19); deposit(s) $28,311,000 (4/24/19 from sale of Kimbal & Morgan Towers), $3,500,000 (5/7/19), $2,100,000 (6/5/19), plus gains or losses 4 weighted COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains for the period, reflected below, were $383,604. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. Table 4 Issuer/Manager Gain/(Loss) Chandler Asset Management $ 51,248 County of San Diego 55,263 LAIF 277,093 Totals for June 30, 2019 $ 383,604 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended June 30, 2019. 77 of 245 7/1/2019 LAIF Regular Monthly Statement Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Effective Transaction Tran Confirm PMIA Average Monthly Yields Account Number: 98-37-576 i Tran Type Definitions Date Date Type Number Authorized Caller 6/5/2019 6/5/2019 RD 1607853 KARIM GALEANA Account Summary Total Deposit: Total Withdrawal: 2,100,000.00 Beginning Balance: 0.00 Ending Balance: Amount 2,100,000.00 www.treasurer.ca.gov/pmia- laif/laif.asp July 01, 2019 June 2019 Statement 50,895,000.85 52,995,000.85 https:lllaifms.treasurer.ca.gov/RegularStatement.aspx 78 of 245 7/1/2019 LAIF Regular Monthly Statement Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Effective Transaction Tran Confirm Date Date 5/7/2019 5/7/2019 5/13/2019 5/13/2019 Account Summary Total Deposit: Total Withdrawal: PMIA Average Monthly Yields Account Number: 98-37-576 Tran Type Definitions Type Number Authorized Caller RD 1605973 KARIM GALEANA RW 1606304 KARIM GALEANA 3,500,000.00 Beginning Balance: -1,500,000.00 Ending Balance: Amount 3,500,000.00 -1,500,000.00 www.treasurer.ca.gov/pmia- laif/laif.asp July 01, 2019 May 2019 Statement 48,895,000.85 50,895,000.85 https:lllaifms.treasurer.ca.gov/RegularStatement.aspx 79 of 245 5/23/2019 LAIF Regular Monthly Statement Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Effective Transaction Tran Confirm Date Date 4/15/2019 4/12/2019 4/25/2019 4/24/2019 Account Summary Total Deposit: Total Withdrawal: PMIA Average Monthly Yields Account Number: 98-37-576 Tran Type Definitions Type Number Authorized Caller QRD 1602994 SYSTEM RD 1605106 KARIM GALEANA 28,406,166.17 Beginning Balance: 0.00 Ending Balance: Amount 95,166.17 28,311,000.00 www.treasurer.ca.gov/pmia- laif/laif.asp May 23, 2019 April 2019 Statement 20,488,834.68 48,895,000.85 https:lllaifms.treasurer.ca.gov/RegularStatement.aspx 80 of 245 8/29/2019 Untitled Page BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name NATIONAL CITY Account Number 98-37-576 As of 07/15/2019, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 06/30/2019. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned $ $ .00007028813234525 2.57% 3,942,248,750.97 52,995,000.85 277,093.30 https://laif.sco.ca.gov/Result.aspx 81 of 245 VA/ EST,if State of California c PMIA vo Pooled Money Investment Account d Market Valuation ,p9FFTY.innu 1t�v\��O 6/30/2019 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 23,918,024,321.09 $ 24,115,845,160.16 $ 24,142,790,000.00 NA Notes $ 27,621,433,111.61 $ 27,606,428,208.13 $ 27,725,679,500.00 $ 112,016,945.00 Federal Agency: SBA $ 658,202,155.36 $ 658,202,155.36 $ 656,508,632.63 $ 1,513,884.88 MBS-REMICs $ 21,840,826.04 $ 21,840,826.04 $ 22,510,770.11 $ 102,118.93 Debentures $ 2,529,170,529.05 $ 2,528,402,612.39 $ 2,540,481,800.00 $ 12,002,880.70 Debentures FR $ - $ - $ - $ - Debentures CL $ 300,000,000.00 $ 300,000,000.00 $ 300,819,000.00 $ 672,542.00 Discount Notes $ 18,590,094,499.95 $ 18,690,188,861.19 $ 18,695,685,000.00 NA Supranational Debentures $ 538,905,703.78 $ 538,905,703.78 $ 543,312,900.00 $ 2,578,584.50 Supranational Debentures FR $ 200,251,812.61 $ 200,251,812.61 $ 200,385,641.07 $ 887,652.30 CDs and YCDs FR $ 500,000,000.00 $ 500,000,000.00 $ 500,000,000.00 $ 1,600,616.08 Bank Notes $ 600,000,000.00 $ 600,000,000.00 $ 600,272,961.97 $ 5,545,041.68 CDs and YCDs $ 17,475,000,000.00 $ 17,475,000,000.00 $ 17,485,383,524.93 $ 95,083,513.93 Commercial Paper $ 6,738,624,722.19 $ 6,765,082,125.03 $ 6,767,140,361.11 NA Corporate: Bonds FR $ - $ - $ - $ - Bonds $ - $ - $ - $ - Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 4,854,740,000.00 $ 4,854,740,000.00 $ 4,854,740,000.00 NA AB 55 & GF Loans $ 778,773,000.00 $ 778,773,000.00 $ 778,773,000.00 NA TOTAL $ 105,325,060,681.68 $ 105,633,660,464.69 $ 105,814,483,091.82 $ 232,003,780.00 Fair Value Including Accrued Interest * Governmental Accounting Standards Board (GASB) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 106,046,486,871.82 The value of each participating dollar equals the fair value divided by the amortized cost (1.001711790). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $20,034,235.80 or $20,000,000.00 x 1.001711790. 82 of 245 ICity of National City -Account #10162 MONTHLY ACCOUNT STATEMENT JUNE 1, 2019 i HROUGH JUNE 30, 2019 Chandler Team: For questions about your account, please call (800) 317-4747, or contact operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904) 645-1918 CHANDLER ASSET MANAGEMENT chandlerasset,com Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures. 83 of 245 City of National City Account#10162 Portfolio Summary As of June 30, 2019 PORTFOLIO CHARACTERISTICS Average Modified Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.74 2.02% 2.17% 2.00% AA/Aa1 1.96 yrs 1.80 yrs SECTOR ALLOCATION Agency US Treasury US Corp ABS _ Neg CD 2.0% Comm Paper' 1.9% supras' 1.6% Money Mkt Fd 10.5% 7.7% PERFORMANCE REVIEW 128.8% 23.8% 33.7% ACCOUNT SUMMARY CM Beg. Values as of 5/31/19 End Values as of 6/30/19 Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value 30,723,752 150,128 30,880,718 155,868 30,873,880 50,819 30,686,100 30,520,152 30,520,152 31,036,585 51,248 -2,218 30, 703,142 30,564,555 30,564,555 MATURITY DISTRIBUTION 30% 25% 20% 15% 10% 5% 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) TOP ISSUERS Government of United States Federal Home Loan Mortgage Corp Federal Home Loan Bank Federal National Mortgage Assoc Toronto Dominion Holdings MUFG Bank Ltd/NY Honda ABS JP Morgan ABS Total 28.8% 13.7% 12.8% 5.9% 2.0% 1.9% 1.8% 1.8% 68.7% CREDIT QUALITY (S&P) AA (71.9%) NR (3.5%) AAA (9.2%) -A (15.4%) Annualized TOTAL RATE OF RETURN 1M 3M YTD 1YR 2YRS 3YRS 5YRS 10YRS 2/29/2012 City of National City ICE BAML 1-3 Yr US Treasury/Agency Index ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index 0.53% 0.51% 0.55% 1.42% 1.43% 1.46% 2.60% 2.43% 2.59% 4.15% 3.96% 4.16% 2.25% 2.01% 2.16% 1.56% 1.31% 1.49% 1.39% 1.22% 1.37% N/A N/A N/A 1.13% 1.00% 1.20% Chandler Asset Management - CONFIDENTIAL Paee 1 Execution Time: 7/1/2019 84 of 245 Statement of Compliance As of June 30, 2019 Category Municipal Securities Treasury Issues Agency Issues Supranationals Banker's Acceptances Commercial Paper FDIC insured Time Deposits/ Certificates of Deposit Negotiable Certificates of Deposit Corporate Medium Term Notes Money Market Mutual Funds Mortgage Pass-throughs, CMOs and Asset Backed Securities Local Agency Investment Fund - LAIF Prohibited Securities Callable Securities Maximum Issuer Maximum maturity City of National City Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. Standard BBB rated equivalent by a NRSRO or 4th highest general classification by a NRSRO; 30% maximum No Limitation No Limitation "AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; Issued by: IBRD, IFC, IADB "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 40% maximum; 180 days max maturity "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max maturity Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS "A" rated or higher by at least two NRSROs; and/or have short term debt rated "Al" or higher by at least two NRSROs; 30% maximum "A" rated or better by at least two NRSROs; 30% maximum; Issued by corporations organized and operating within the U.S. CA Comment Complies Complies Complies Complies Complies Complies Complies Complies Complies AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million Complies "AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt by two NRSROs; 20% maximum maximum LAIF program; Currently not used by investment adviser Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec 20% maximum (does not include "make whole call" securities) 5% max (except US Government, its agencies and enterprises) 5 years Complies Complies Complies Complies Complies Complies 85 of 245 City of National City Account #10162 Reconciliation Summary As of June 30, 2019 BOOK VALUE RECONCILIATION BEGINNING BOOK VALUE Acquisition + Security Purchases + Money Market Fund Purchases + Money Market Contributions + Security Contributions + Security Transfers Total Acquisitions $1,200,318.27 $1,153,400.89 $0.00 $0.00 $0.00 $30,520,151.66 Dispositions - Security Sales - Money Market Fund Sales - MMF Withdrawals - Security Withdrawals - Security Transfers - Other Dispositions - Maturites - Calls - Principal Paydowns Total Dispositions $399,312.50 $1,200,503.55 $2,218.08 $0.00 $0.00 $0.00 $599,756.67 $0.00 $108,637.44 $2,353,719.16 $2,310,428.24 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss $1,112.79 ENDING BOOK VALUE $1,112.79 $30,564,555.37 CAI CASH TRANSACTION SUMMARY BEGINNING BALANCE Acquisition Contributions Security Sale Proceeds Accrued Interest Received Interest Received Dividend Received Principal on Maturities Interest on Maturities Calls/Redemption (Principal) Interest from Calls/Redemption Principal Paydown Total Acquisitions Dispositions Withdrawals Security Purchase Accrued Interest Paid Total Dispositions $0.00 $399,312.50 $1,324.59 $38,591.96 $534.40 $599,756.67 $5,243.33 $0.00 $0.00 $108,637.44 $1,153,400.89 $2,218.08 $1,200,318.27 $185.28 $1,202,721.63 $197,428.31 ENDING BOOK VALUE $148,107.57 Chandler Asset Management - CONFIDENTIAL Paee 3 Execution Time: 7/1/2019 86 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income FIXED INCOME 02582JHE3 American Express Credit 2017-3 A 1.77% Due 11/15/2022 02587AAJ3 American Express Credit 2017-1 1.93% Due 09/15/2022 07/03/2018 07/06/2018 190,000.00 186,318.75 0.00 0.00 186,318.75 149.47 280.25 149.47 280.25 0.00 0.00 0.00 280.25 07/16/2018 295,464.84 257.33 0.00 07/18/2018 0.00 482.50 0.00 300,000.00 0.00 257.33 0.00 295,464.84 482.50 482.50 280.25 482.50 02665WAZ4 American Honda Finance Note 2.45% Due 09/24/2020 07/11/2017 405,848.00 1,823.89 0.00 07/14/2017 0.00 0.00 0.00 400,000.00 0.00 2,640.56 0.00 405,848.00 816.67 816.67 816.67 037833AK6 Apple Inc Note 2.4% Due 05/03/2023 04/11/2019 395,528.00 746.67 0.00 04/15/2019 0.00 0.00 0.00 400,000.00 0.00 1,546.67 0.00 395, 528.00 800.00 800.00 800.00 06051GEU9 Bank of America Corp Note 3.3% Due 01/11/2023 06406RAA5 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 02/07/2022 12/27/2018 393,500.00 5,133.33 0.00 12/31/2018 0.00 0.00 0.00 400,000.00 0.00 6,233.33 0.00 393,500.00 1,100.00 1,100.00 1,100.00 08/14/2018 392,152.00 3,293.33 0.00 08/16/2018 0.00 0.00 0.00 400,000.00 0.00 4,160.00 0.00 392,152.00 866.67 866.67 866.67 084670BL1 Berkshire Hathaway Note 2.1% Due 08/14/2019 01/26/2017 287,815.80 1,778.88 0.00 01/31/2017 0.00 0.00 0.00 285,000.00 0.00 2,277.63 0.00 287,815.80 498.75 498.75 498.75 161571HF4 Chase CHAIT 2016-A5 1.27% Due 07/15/2021 05/23/2018 541, 384.77 310.44 0.00 05/25/2018 0.00 582.08 0.00 550,000.00 0.00 310.44 0.00 541,384.77 582.08 582.08 582.08 166764AR1 Chevron Corp Callable Note Cont 2/3/2020 1.961% Due 03/03/2020 12/13/2017 399,064.00 1,917.42 0.00 12/15/2017 0.00 0.00 0.00 400,000.00 0.00 2,571.09 0.00 399,064.00 653.67 653.67 653.67 Chandler Asset Management - CONFIDENTIAL Page 15 Execution Time: 7/1/2019 87 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 CA% Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 22160KAJ4 24422EUR8 Costco Wholesale Corp Note 2.15% Due 05/18/2021 John Deere Capital Corp Note 3.45% Due 01/10/2024 07/25/2017 07/28/2017 400,000.00 401, 208.00 0.00 0.00 401, 208.00 310.56 0.00 1,027.22 716.66 0.00 0.00 0.00 716.66 716.66 03/14/2019 408,860.00 03/18/2019 0.00 400,000.00 0.00 408, 860.00 5,405.00 0.00 6,555.00 1,150.00 0.00 0.00 0.00 1,150.00 1,150.00 3130A0F70 FHLB Note 3.375% Due 12/08/2023 01/30/2019 540,734.25 8,514.84 0.00 01/31/2019 0.00 8,859.38 0.00 525,000.00 0.00 1,132.03 0.00 540,734.25 1,476.57 1,476.57 1,476.57 3130A1XJ2 FHLB Note 2.875% Due 06/14/2024 Various 0.00 0.00 0.00 Various 605,009.60 (185.28) 0.00 580,000.00 0.00 787.44 0.00 605,009.60 602.16 602.16 602.16 3130A7CV5 FHLB Note 1.375% Due 02/18/2021 3130AABG2 FHLB Note 1.875% Due 11/29/2021 10/13/2016 490,960.40 1,927.67 0.00 10/14/2016 0.00 0.00 0.00 490,000.00 0.00 2,489.13 0.00 490,960.40 561.46 561.46 561.46 03/08/2017 559,044.90 58.85 0.00 03/09/2017 0.00 0.00 0.00 565,000.00 0.00 941.67 0.00 559,044.90 882.82 882.82 882.82 313378WG2 FHLB 03/13/2018 596,646.00 3,333.33 0.00 Note 03/14/2018 0.00 0.00 0.00 2.5% Due 03/11/2022 600,000.00 0.00 4,583.33 0.00 596, 646.00 1,250.00 1,250.00 1,250.00 313379Q69 FHLB Note 2.125% Due 06/10/2022 06/20/2017 607,110.00 6,056.25 0.00 06/21/2017 0.00 6,375.00 0.00 600,000.00 0.00 743.75 0.00 607,110.00 1,062.50 1,062.50 1,062.50 313380FB8 FHLB Note 1.375% Due 09/13/2019 Various 536,816.60 1,608.75 0.00 Various 0.00 0.00 0.00 540,000.00 0.00 2,227.50 0.00 536,816.60 618.75 618.75 618.75 Chandler Asset Management - CONFIDENTIAL Page 16 Execution Time: 7/1/2019 88 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3133EFW52 FFCB Note 1.15% Due 07/01/2019 3135G0D75 FNMA Note 1.5% Due 06/22/2020 04/08/2016 04/11/2016 400,000.00 401,956.00 0.00 0.00 401,956.00 1,916.67 0.00 2,300.00 383.33 0.00 0.00 0.00 383.33 383.33 12/17/2015 568,778.50 12/21/2015 0.00 575,000.00 0.00 568,778.50 3,809.38 4,312.50 215.63 718.75 0.00 0.00 0.00 718.75 718.75 3135G0N82 FNMA Note 1.25% Due 08/17/2021 01/26/2017 425,444.80 1,588.89 0.00 01/31/2017 0.00 0.00 0.00 440,000.00 0.00 2,047.22 0.00 425,444.80 458.33 458.33 458.33 3135G0T78 FNMA Note 2% Due 10/05/2022 12/12/2017 494,215.00 1,555.56 0.00 12/13/2017 0.00 0.00 0.00 500,000.00 0.00 2,388.89 0.00 494,215.00 833.33 833.33 833.33 3135G0U27 3137EADB2 FNMA Note 2.5% Due 04/13/2021 FHLMC Note 2.375% Due 01/13/2022 07/23/2018 297,771.00 1,000.00 0.00 07/24/2018 0.00 0.00 0.00 300,000.00 0.00 1,625.00 0.00 297,771.00 625.00 625.00 625.00 Various 585,310.00 5,234.90 0.00 Various 0.00 0.00 0.00 575,000.00 0.00 6,372.92 0.00 585, 310.00 1,138.02 1,138.02 1,138.02 3137EADK2 FHLMC Note 1.25% Due 08/01/2019 05/05/2015 446,149.35 1,875.00 0.00 05/06/2015 0.00 0.00 0.00 450,000.00 0.00 2,343.75 0.00 446,149.35 468.75 468.75 468.75 3137EADM8 FHLMC 05/05/2015 444,822.75 921.88 0.00 Note 05/06/2015 0.00 0.00 0.00 1.25% Due 10/02/2019 450,000.00 0.00 1,390.63 0.00 444,822.75 468.75 468.75 468.75 3137EADR7 FHLMC Note 1.375% Due 05/01/2020 08/24/2016 460,332.60 521.35 0.00 08/25/2016 0.00 0.00 0.00 455,000.00 0.00 1,042.71 0.00 460,332.60 521.36 521.36 521.36 Chandler Asset Management - CONFIDENTIAL Page 17 Execution Time: 7/1/2019 89 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 CA% Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 3137EAEF2 FHLMC Note 1.375% Due 04/20/2020 3137EAEK1 FHLMC Note 1.875% Due 11/17/2020 04/27/2017 04/28/2017 460,000.00 457, 741.40 0.00 0.00 457,741.40 720.35 0.00 1,247.43 527.08 01/18/2018 594,780.00 01/19/2018 0.00 600,000.00 0.00 594,780.00 437.50 0.00 1,375.00 937.50 0.00 0.00 0.00 527.08 527.08 0.00 0.00 0.00 937.50 937.50 3137EAEL9 FHLMC Note 2.375% Due 02/16/2021 03/13/2018 598,068.00 4,156.25 0.00 03/14/2018 0.00 0.00 0.00 600,000.00 0.00 5,343.75 0.00 598,068.00 1,187.50 1,187.50 1,187.50 3137EAEN5 FHLMC Note 2.75% Due 06/19/2023 11/26/2018 593,214.00 7,425.00 0.00 11/27/2018 0.00 8,250.00 0.00 600,000.00 0.00 550.00 0.00 593, 214.00 1,375.00 1,375.00 1,375.00 3695506E7 General Dynamics Corp Note 3% Due 05/11/2021 40428HPV8 HSBC USA Inc Note 2.75% Due 08/07/2020 Various 397,216.30 666.66 0.00 Various 0.00 0.00 0.00 400,000.00 0.00 1,666.66 0.00 397,216.30 1,000.00 1,000.00 1,000.00 11/16/2017 293,569.90 2,525.42 0.00 11/20/2017 0.00 0.00 0.00 290,000.00 0.00 3,190.00 0.00 293,569.90 664.58 664.58 664.58 43814UAG4 Honda Auto Receivables 2018-2 A3 3.01% Due 05/18/2022 05/22/2018 174,996.19 190.22 0.00 05/30/2018 0.00 438.96 0.00 175,000.00 0.00 190.22 0.00 174,996.19 438.96 438.96 438.96 43814WAB1 HAROT 02/19/2019 134,991.31 134.06 0.00 2019-1 A2 02/27/2019 0.00 309.38 0.00 2.75% Due 09/20/2021 135,000.00 0.00 134.06 0.00 134,991.31 309.38 309.38 309.38 43815HAC1 Honda Auto Receivables Owner 2018-3 A3 2.95% Due 08/22/2022 08/21/2018 254,965.01 208.96 0.00 08/28/2018 0.00 626.87 0.00 255,000.00 0.00 208.96 0.00 254,965.01 626.87 626.87 626.87 Chandler Asset Management - CONFIDENTIAL Page 18 Execution Time: 7/1/2019 90 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 459200HM6 IBM Corp Note 1.625% Due 05/15/2020 45950KCM0 International Finance Corp Note 2.25% Due 01/25/2021 02/07/2018 02/09/2018 400,000.00 392, 596.00 0.00 0.00 392,596.00 288.89 0.00 830.56 541.67 01/24/2018 01/26/2018 500,000.00 498, 580.00 0.00 0.00 498, 580.00 3,937.50 0.00 4,875.00 937.50 0.00 0.00 0.00 541.67 541.67 0.00 0.00 0.00 937.50 937.50 46625HKA7 JP Morgan Chase Callable Note Cont 12/23/2019 2.25% Due 01/23/2020 08/23/2017 08/28/2017 400,000.00 403,336.00 0.00 0.00 403,336.00 3,200.00 0.00 3,950.00 750.00 0.00 0.00 0.00 750.00 750.00 47788EAB4 John Deere Owner Trust 2018-B A2 2.83% Due 04/15/2021 07/18/2018 07/25/2018 309,515.36 344,994.20 0.00 35,491.53 309, 502.67 433.94 813.64 389.30 769.00 0.00 0.00 0.00 769.00 769.00 47789JAB2 John Deere Owner Trust 2019-A A2 2.85% Due 12/15/2021 594918BG8 03/05/2019 199,990.88 253.33 0.00 03/13/2019 0.00 475.00 0.00 200,000.00 0.00 253.33 0.00 199,990.88 475.00 475.00 Microsoft Callable Note Cont. 10/03/20 2% Due 11/03/2020 475.00 07/11/2017 270,999.00 420.00 0.00 07/14/2017 0.00 0.00 0.00 270,000.00 0.00 870.00 0.00 270,999.00 450.00 450.00 450.00 65478GAB6 Nissan Auto Receivables Owner 2017-B A2A 1.56% Due 05/15/2020 08/16/2017 30,207.61 20.94 0.00 08/23/2017 0.00 39.27 0.00 1,975.48 28,232.21 1.37 0.00 1,975.40 19.70 19.70 19.70 68389XBK0 Oracle Corp Callable Note Cont 8/01/21 1.9% Due 09/15/2021 10/26/2017 395,816.00 1,604.44 0.00 10/31/2017 0.00 0.00 0.00 400,000.00 0.00 2,237.78 0.00 395,816.00 633.34 633.34 633.34 69353RFE3 PNC Bank Callable Note Cont 6/28/2022 2.45% Due 07/28/2022 04/24/2018 385,792.00 3,348.33 0.00 04/26/2018 0.00 0.00 0.00 400,000.00 0.00 4,165.00 0.00 385,792.00 816.67 816.67 816.67 Chandler Asset Management - CONFIDENTIAL Page 19 Execution Time: 7/1/2019 91 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 857477AV5 State Street Bank Note 1.95% Due 05/19/2021 89236TFS9 Toyota Motor Credit Corp Note 3.35% Due 01/08/2024 07/12/2017 07/17/2017 400,000.00 396,056.00 0.00 0.00 396,056.00 260.00 0.00 910.00 650.00 0.00 0.00 0.00 650.00 650.00 05/20/2019 411,444.00 05/22/2019 0.00 400,000.00 0.00 411,444.00 5,322.78 0.00 6,439.44 1,116.66 0.00 0.00 0.00 1,116.66 1,116.66 89237RAB4 Toyota Auto Receivable 2017-C A2A 1.58% Due 07/15/2020 07/25/2017 76,152.57 53.48 0.00 08/02/2017 0.00 100.27 0.00 50,166.73 25,986.31 35.23 0.00 50,166.26 82.02 82.02 82.02 89238BAB8 Toyota Auto Receivables Owner 2018-A A2A 2.1% Due 10/15/2020 01/23/2018 107,290.19 100.15 0.00 01/31/2018 0.00 187.78 0.00 88,376.59 18,922.64 82.48 0.00 88,367.55 170.11 170.11 170.11 89238KAD4 Toyota Auto Receivables Owner 2017-D A3 1.93% Due 01/18/2022 91159HHL7 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 01/29/2021 04/16/2019 129,004.69 90.60 0.00 04/18/2019 0.00 209.08 0.00 130,000.00 0.00 90.60 0.00 129,004.69 209.08 209.08 209.08 07/19/2017 404,036.00 3,185.56 0.00 07/24/2017 0.00 0.00 0.00 400,000.00 0.00 3,968.89 0.00 404,036.00 783.33 783.33 783.33 9128284D9 US Treasury Note 2.5% Due 03/31/2023 12/27/2018 448,505.86 1,905.74 0.00 12/28/2018 0.00 0.00 0.00 450,000.00 0.00 2,827.87 0.00 448,505.86 922.13 922.13 922.13 912828G53 US Treasury Note 1.875% Due 11/30/2021 08/28/2017 604,994.20 30.74 0.00 08/29/2017 0.00 0.00 0.00 600,000.00 0.00 952.87 0.00 604,994.20 922.13 922.13 922.13 912828J50 US Treasury Note 1.375% Due 02/29/2020 07/25/2017 598,408.26 2,084.92 0.00 07/26/2017 0.00 0.00 0.00 600,000.00 0.00 2,757.47 0.00 598,408.26 672.55 672.55 672.55 Chandler Asset Management - CONFIDENTIAL Page 20 Execution Time: 7/1/2019 92 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 Citt Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828L24 912828L32 US Treasury Note 1.875% Due 08/31/2022 US Treasury Note 1.375% Due 08/31/2020 09/06/2018 09/07/2018 450,000.00 435,445.31 0.00 0.00 435,445.31 Various 600,184.82 Various 0.00 600,000.00 0.00 600,184.82 2,132.30 0.00 2,820.14 687.84 0.00 0.00 0.00 687.84 687.84 2,084.92 0.00 2,757.47 672.55 0.00 0.00 0.00 672.55 672.55 912828M80 US Treasury Note 2% Due 11/30/2022 04/11/2019 593,554.69 32.79 0.00 04/15/2019 0.00 0.00 0.00 600,000.00 0.00 1,016.39 0.00 593,554.69 983.60 983.60 983.60 912828M98 US Treasury Note 1.625% Due 11/30/2020 11/29/2016 568,331.99 25.31 0.00 11/30/2016 0.00 0.00 0.00 570,000.00 0.00 784.53 0.00 568,331.99 759.22 759.22 759.22 912828Q37 US Treasury Note 1.25% Due 03/31/2021 912828Q78 US Treasury Note 1.375% Due 04/30/2021 04/27/2017 369,024.69 794.06 0.00 04/28/2017 0.00 0.00 0.00 375,000.00 0.00 1,178.28 0.00 369,024.69 384.22 384.22 384.22 05/25/2017 494,650.11 597.83 0.00 05/31/2017 0.00 0.00 0.00 500,000.00 0.00 1,158.29 0.00 494,650.11 560.46 560.46 560.46 912828543 US Treasury Note 0.75% Due 07/15/2019 08/01/2016 434, 780.56 1,234.70 0.00 08/02/2016 0.00 0.00 0.00 435,000.00 0.00 1,505.08 0.00 434,780.56 270.38 270.38 270.38 912828576 US Treasury Note 1.125% Due 07/31/2021 08/28/2018 573,375.00 2,256.22 0.00 08/29/2018 0.00 0.00 0.00 600,000.00 0.00 2,815.61 0.00 573,375.00 559.39 559.39 559.39 912828TH3 US Treasury Note Due 07/31/2019 03/30/2016 398, 204.46 1,169.89 0.00 03/31/2016 0.00 1,324.59 0.00 0.00 398, 204.46 0.00 0.00 0.00 154.70 154.70 154.70 Chandler Asset Management - CONFIDENTIAL Page 21 Execution Time: 7/1/2019 93 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Inc. Received Ending Accrued Total Interest Accr. Of Discount Amort. Of Premium Net Accret/Amort Income Earned Total Income 912828UB4 912828UL2 US Treasury Note 1% Due 11/30/2019 US Treasury Note 1.375% Due 01/31/2020 10/29/2015 11/02/2015 450,000.00 443,181.20 0.00 0.00 443,181.20 12.30 0.00 381.15 368.85 0.00 0.00 0.00 368.85 368.85 12/08/2016 489,312.58 12/09/2016 0.00 490,000.00 0.00 489,312.58 2,252.04 0.00 2,810.39 558.35 0.00 0.00 0.00 558.35 558.35 912828UV0 US Treasury Note 1.125% Due 03/31/2020 Various 596,517.64 1,143.45 0.00 Various 0.00 0.00 0.00 600,000.00 0.00 1,696.72 0.00 596,517.64 553.27 553.27 553.27 912828V72 US Treasury Note 1.875% Due 01/31/2022 09/17/2018 435,744.14 2,820.27 0.00 09/18/2018 0.00 0.00 0.00 450,000.00 0.00 3,519.51 0.00 435,744.14 699.24 699.24 699.24 912828W89 US Treasury Note 1.875% Due 03/31/2022 912828WN6 US Treasury Note 2% Due 05/31/2021 04/26/2018 580,593.75 1,905.74 0.00 04/30/2018 0.00 0.00 0.00 600,000.00 0.00 2,827.87 0.00 580,593.75 922.13 922.13 922.13 04/29/2019 546,755.86 30.05 0.00 04/30/2019 0.00 0.00 0.00 550,000.00 0.00 931.69 0.00 546,755.86 901.64 901.64 901.64 931142EJ8 Wal-Mart Stores Note 3.125% Due 06/23/2021 07/02/2018 402,052.00 5,486.11 0.00 07/05/2018 0.00 6,250.00 0.00 400,000.00 0.00 277.78 0.00 402,052.00 1,041.67 1,041.67 1,041.67 Total Fixed Income 29,355,034.16 29,122,690.68 605,009.60 506,837.15 29,220,863.13 128,033.38 39,731.27 136,384.51 48,082.40 0.00 0.00 0.00 48,082.40 48,082.40 Chandler Asset Management - CONFIDENTIAL Page 22 Execution Time: 7/1/2019 94 of 245 City of National City Account #10162 Income Earned As of June 30, 2019 CM Trade Date CUSIP Security Description Settle Date Units Book Value: Begin Book Value: Acq Book Value: Disp Book Value: End Prior Accrued Accr. Of Discount Inc. Received Amort. Of Premium Ending Accrued Net Accret/Amort Total Interest Income Earned Total Income CASH & EQUIVALENT 60934N807 62479MTL7 Federated Investors Govt Oblig Fund Inst. Various Various 148,107.57 197,428.31 850,858.51 900,179.25 148,107.57 MUFG Bank Ltd/NY Discount CP Due 06/20/2019 0.00 534.40 0.00 534.40 0.00 0.00 0.00 534.40 534.40 02/19/2019 599,756.67 4,413.14 0.00 02/20/2019 0.00 5,243.33 0.00 0.00 599, 756.67 0.00 0.00 0.00 830.19 830.19 830.19 62479MXN8 MUFG Bank Ltd/NY 06/20/2019 0.00 0.00 0.00 Discount CP 06/20/2019 595,308.67 0.00 0.00 2.27% Due 10/22/2019 600,000.00 0.00 416.17 0.00 595,308.67 416.17 416.17 416.17 89113XP32 Toronto Dominion NY Yankee CD 2.77% Due 08/09/2019 05/23/2019 600,276.00 17,681.83 0.00 05/24/2019 0.00 0.00 0.00 600,000.00 0.00 19,066.83 0.00 600, 276.00 1,385.00 1,385.00 1,385.00 Total Cash & Equivalent 1,348,107.57 1,397,460.98 1,446,167.18 1,499,935.92 1,343,692.24 22,094.97 5,777.73 19,483.00 3,165.76 0.00 0.00 0.00 3,165.76 3,165.76 30,520,151.66 2,051,176.78 2,006,773.07 TOTAL PORTFOLIO 30,703,141.73 30,564,555.37 150,128.35 45,509.00 155,867.51 51,248.16 0.00 0.00 0.00 51,248.16 51,248.16 Chandler Asset Management - CONFIDENTIAL Page 23 Execution Time: 7/1/2019 95 of 245 'UMW Y1$IW matt . • 1t Mtn4, • a . . h ttltih 1 11 111174 • 1 rlgls COUNTY OFAN D END I tfESTMENT POOL DUNE TREASURY IN l�STMENT RESULTS 2 County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 I www.sdttc.con 96 of 245 PARTICIPANT PARTICIPANT CASH BALANCES County of San Diego Pooled Money Fund As of June 30, 2019 ($000) FMV FMV FMV % of 04/30/19 05/31/19 06/30/19 Total COUNTY COUNTY - SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont-Cuyamaca MiraCosta Palomar Southwestern $ 1,257,216 $ 1,107,363 3,274,565 3,011,024 118,927 117,446 4,773,926 4,720,623 210,126 200,370 154,446 283,635 201,950 191,067 179,548 143,704 260,178 195,651 PARTICIPANT FMV FMV FMV % of 04/30/19 05/31/19 06/30/19 Total $ 694,831 6.86% Lakeside FPD 3,117,876 30.76% Leucadia Wastewater District 115,495 1.14% Lower Sweetwater FPD 4,511,537 44.51% Metropolitan Transit System Mission Resource Conservation District North County Cemetery District 201,921 1.99% North County Dispatch 202,278 2.00% North County FPD 140,061 1.38% Otay Water District 267,106 2.63% Palomar Health 197,427 1.95% Pomerado Cemetery District Total Community Colleges FIRST 5 COMMISSION SANCAL SDCERA CITIES Chula Vista Coronado Del Mar El Cajon Encinitas National City Oceanside INDEPENDENT AGENCIES Alpine FPD Bonita-Sunnyside FPD Borrego Springs FPD Canebrake County Water District Deer Springs FPD Fallbrook Public Utility District Grossmont Healthcare District Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park District 1,050,527 970,148 1,008,794 9.95% Public Agencies Self -Insurance System Ramona Cemetery District 35,332 32,530 31,881 Rancho Santa Fe FPD 785 787 784 Rincon del Diablo Municipal Water District 605 5,586 5,564 SANDAG SD County Regional Airport Authority San Diego Housing Commission 57,704 San Diego Geographic Information Source 30,673 San Diego Law Library 2,668 San Diego Local Agency Formation Comm 5,000 San Diego Regional Training Center 4,045 San Dieguito River Park 8,354 San Marcos FPD 9,992 San Miguel Consolidated FPD Santa Fe Irrigation District Serra Cooperative Library System Upper San Luis Rey Resource Consery Dist Vallecitos Water District Valley Center FPD Valley Center Cemetery District Valley Center Water District Vista FPD 62,860 60,543 50,697 50,822 2,670 2,676 5,004 5,016 4,048 4,058 8,360 8,381 7,000 7,017 2,764 2,693 6,431 6,474 1,534 1,442 53 53 11,316 12,225 15 15 2 2 158 162 341 293 2,491 6,042 1,296 53 11,175 15 2 172 202 12,415 4,818 760 49,451 268 5,560 3,035 6,404 281 2,793 2,045 3,495 1,051 16,979 3,650 88,436 239,934 21,336 544 3,778 996 724 1,481 1 13,180 4,344 1 59 5,335 2,882 431 23,460 4,607 11,698 4,830 710 39,548 242 5,565 3,214 5,424 282 0 2,011 3,503 1,037 16,134 4,661 88,654 245,711 21,388 512 3,790 762 720 1,287 1 12,593 4,354 1 60 5,349 2,698 433 24,805 5,822 10,890 4,815 712 32,660 229 5,486 3,319 4,148 281 0 1,988 3,492 1,024 16,022 4,646 98,659 241,032 21,319 379 3,813 844 745 1,179 1 11,798 4,340 1 60 5,331 2,356 432 24,283 3,015 Total Voluntary Participants 724,507 718,573 687,413 6.78% Pooled Money Fund Total $ 11,199,668 $ 10,645,177 $ 10,135,946 100.00% 97 of 245 5 I left you a message. I'm truly sorry for the delay! Below is the National City balance as of 6/30/19. National City Pool YTM: 2.387 Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended June 30, 2019 Current Month Prior Month Prior Quarter Prior Year 6/30/2019 5/31/2019 3/31/2019 6/30/2018 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool 100.194% 99.967% 99.644% 99.480% 10,135,946,100 10,645,176,991 9,673,900,081 9,950,674,617 0.0824% 0.0787% 0.0854% 0.0823% Oracle Cash Fund Description Balance Market Value Market Value Market Value Market Value 44077 NATIONAL CITY INVESTMENT FUND 8,360,280 8,353,913 8,377,754 8,261,511 8,189,405 Total for National City 8,360,280 8,353,913 8,377,754 8,261,511 8,189,405 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance. Please let me know if you have any further questions. Thanks, Ann 98 of 245 National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended May 31, 2019 COSD Pool Market Price COSD Pool Market Value National City percentage of MV share in COSD Pool Pool YTM: 2.426 Current Month Prior Month Prior Quarter 5/31/2019 4/30/2019 2/28/2019 Prior Year 5/31/2018 99.967% 99.708% 99.456% 99.497% 10,645,176, 991 11,199,667,684 9,469,312,765 10,612,726,693 0.0787% 0.0746% 0.0876% 0.0769% Oracle Cash Fund Description Balance Market Value Market Value Market Value Market Value 44077 NATIONAL CITY INVESTMENT FUND 8,360,280 8,377,754 8,360,414 8,295,118 8,161,187 Total for National City 8,360,280 8,377,754 8,360,414 8,295,118 8,161,187 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance. Please let me know if you have any questions. Thanks, Ann 99 of 245 Please see below for the National City April 2019 Pool Report: National City Pool YTM: 2.44 Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended April 30, 2019 Current Month Prior Month Prior Quarter Prior Year 4/30/2019 3/31/2019 1/31/2019 4/30/2018 COSD Pool Market Price 99.708% 99.644% 99.405% 99.067% COSD Pool Market Value 11,199,667,684 9,673,900,081 9,750,822,592 11,290,605,830 National City percentage of MV share in COSD Pool 0.0746% 0.0854% 0.0851% 0.0722% Oracle Cash Fund Description Balance Market Value Market Value Market Value Market Value NATIONAL CITY INVESTMENT 44077 FUND 8,360,280 8,360,414 8,261,511 8,298,554 8,148,638 Total for National City 8,360,280 8,360,414 8,261,511 8,298,554 8,148,638 * Please note that the National City Market Value reported above is a prorate share of National City in the COSD Investment Pool and based on National City Cash Balance. Thanks, Am Vaal. Senior Accountant San Diego County Treasurer -Tax Collector's Office 1600 Pacific Highway Rm. 152 I San Diego, CA 92101 Phone: 619.531.5109 I Fax: 619.446.8222 I www.sdttc.com 100 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 101 The following page(s) contain the backup material for Agenda Item: Investment Transactions for the month ended July 31, 2019. (Finance) Please scroll down to view the backup material. 101 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended July 31, 2019. PREPARED BY: R.ay. at4€40 DEPARTMENT: Finance� PHONE: 619-336-4346 APPROVED BY: `2'�/�r� Xe EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending July 31, 2019. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: L`w/' /ea FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended July 31, 2019. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 102 of 245 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/01/2019 60934N807 2,300.00 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 2,300.00 0.00 2,300.00 0.00 Purchase 07/01/2019 60934N807 400,000.00 Federated Investors Govt Oblig Fund 1.000 2.01% 400,000.00 0.00 400,000.00 0.00 Inst. Purchase 07/02/2019 60934N807 320.03 Federated Investors Govt Oblig Fund 1.000 2.01% 320.03 0.00 320.03 0.00 Inst. Purchase 07/08/2019 60934N807 6,700.00 Federated Investors Govt Oblig Fund 1.000 2.01% 6,700.00 0.00 6,700.00 0.00 Inst. Purchase 07/10/2019 60934N807 6,900.00 Federated Investors Govt Oblig Fund 1.000 2.01% 6,900.00 0.00 6,900.00 0.00 Inst. Purchase 07/11/2019 60934N807 6,600.00 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 6,600.00 0.00 6,600.00 0.00 Purchase 07/13/2019 60934N807 6,828.13 Federated Investors Govt Oblig Fund 1.000 2.01% 6,828.13 0.00 6,828.13 0.00 Inst. Purchase 07/15/2019 60934N807 1,631.25 Federated Investors Govt Oblig Fund 1.000 2.01% 1,631.25 0.00 1,631.25 0.00 Inst. Purchase 07/15/2019 60934N807 435,000.00 Federated Investors Govt Oblig Fund 1.000 2.01% 435,000.00 0.00 435,000.00 0.00 Inst. Purchase 07/15/2019 60934N807 280.25 Federated Investors Govt Oblig Fund 1.000 2.01% 280.25 0.00 280.25 0.00 Inst. Purchase 07/15/2019 60934N807 482.50 Federated Investors Govt Oblig Fund 1.000 2.01% 482.50 0.00 482.50 0.00 Inst. Purchase 07/15/2019 60934N807 550,582.08 Federated Investors Govt Oblig Fund 1.000 2.01% 550,582.08 0.00 550,582.08 0.00 Inst. Purchase 07/15/2019 60934N807 27,746.17 Federated Investors Govt Oblig Fund 1.000 2.01% 27,746.17 0.00 27,746.17 0.00 Inst. Purchase 07/15/2019 60934N807 475.00 Federated Investors Govt Oblig Fund 1.000 2.01% 475.00 0.00 475.00 0.00 Inst. Purchase 07/15/2019 60934N807 1,978.05 Federated Investors Govt Oblig Fund 1.000 2.01% 1,978.05 0.00 1,978.05 0.00 Inst. Purchase 07/15/2019 60934N807 23,818.96 Federated Investors Govt Oblig Fund 1.000 2.01% 23,818.96 0.00 23,818.96 Inst. 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 9/13/2015 103 of 245 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/15/2019 60934N807 17,226.93 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 17,226.93 0.00 17,226.93 0.00 Purchase 07/15/2019 60934N807 209.08 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 209.08 0.00 209.08 0.00 Purchase 07/15/2019 90LAIF$00 277,093.30 Local Agency Investment Fund State Pool 1.000 2.41% 277,093.30 0.00 277,093.30 0.00 Purchase 07/18/2019 60934N807 438.96 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 438.96 0.00 438.96 0.00 Purchase 07/18/2019 60934N807 309.38 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 309.38 0.00 309.38 0.00 Purchase 07/22/2019 60934N807 626.87 Federated Investors Govt Oblig Fund Inst. 1.000 2.01% 626.87 0.00 626.87 0.00 Purchase Purchase Purchase Purchase Purchase Purchase 07/22/2019 89233GA71 07/23/2019 60934N807 07/23/2019 912828WE6 07/24/2019 477870AC3 07/25/2019 60934N807 600,000.00 Toyota Motor Credit Discount CP 2.14% Due 1/7/2020 4,500.00 Federated Investors Govt Oblig Fund Inst. 600,000.00 US Treasury Note 2.75% Due 11/15/2023 115,000.00 JDOT 2019-B A3 2.21% Due 12/15/2023 5,625.00 Federated Investors Govt Oblig Fund Inst. 07/28/2019 60934N807 4,900.00 Federated Investors Govt Oblig Fund Inst. Purchase 07/29/2019 60934N807 98.995 2.19% 593,972.33 1.000 2.01% 4,500.00 104.000 1.78% 624,000.00 99.979 2.23% 114,975.59 1.000 2.01% 5,625.00 1.000 2.01% 4,900.00 0.00 0.00 3,093.75 0.00 0.00 0.00 593,972.33 4,500.00 627,093.75 114,975.59 5,625.00 4,900.00 0.00 0.00 0.00 0.00 0.00 0.00 4,700.00 Federated Investors Govt Oblig Fund Inst. Purchase 07/31/2019 60934N807 1.000 2.01% 4,700.00 0.00 4,700.00 0.00 10,962.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.98% 10,962.50 0.00 10,962.50 0.00 Subtotal 3,113,234.44 3,131,182.36 3,093.75 3,134,276.11 0.00 Security Contribution 07/01/2019 90LAIF$00 1,500,000.00 Local Agency Investment Fund State Pool 1.000 1,500,000.00 0.00 1,500,000.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 9/13/2015 104 of 245 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Security Contribution 07/31/2019 90SDCP$00 79,000.00 County of San Diego Pooled Investment 1.000 Pool 79,000.00 0.00 79,000.00 0.00 Subtotal 1,579,000.00 1,579,000.00 0.00 1,579,000.00 0.00 TOTAL ACQUISITIONS 4,692,234.44 4,710,182.36 3,093.75 4,713,276.11 0.00 DISPOSITIONS Sale 07/22/2019 60934N807 593,972.33 Federated Investors Govt Oblig Fund 1.000 2.01% 593,972.33 0.00 593,972.33 0.00 Inst. Sale 07/23/2019 60934N807 627,093.75 Federated Investors Govt Oblig Fund 1.000 2.01% 627,093.75 0.00 627,093.75 0.00 Inst. Sale 07/24/2019 60934N807 114,975.59 Federated Investors Govt Oblig Fund 1.000 2.01% 114,975.59 0.00 114,975.59 0.00 Inst. Subtotal 1,336,041.67 1,336,041.67 0.00 1,336,041.67 0.00 Paydown 07/15/2019 02582JHE3 0.00 American Express Credit 2017-3 A 100.000 0.00 280.25 280.25 0.00 1.77% Due 11/15/2022 Paydown 07/15/2019 02587AAJ3 0.00 American Express Credit 2017-1 100.000 0.00 482.50 482.50 0.00 1.93% Due 9/15/2022 Paydown 07/15/2019 161571HF4 550,000.00 Chase CHAIT 2016-A5 100.000 550,000.00 582.08 550,582.08 8,615.23 1.27% Due 7/15/2021 Paydown 07/15/2019 47788EAB4 27,016.23 John Deere Owner Trust 2018-B A2 100.000 27,016.23 729.94 27,746.17 1.11 2.83% Due 4/15/2021 Paydown 07/15/2019 47789JAB2 0.00 John Deere Owner Trust 2019-A A2 100.000 0.00 475.00 475.00 0.00 2.85% Due 12/15/2021 Paydown 07/15/2019 65478GAB6 1,975.48 Nissan Auto Receivables Owner 2017-B 100.000 1,975.48 2.57 1,978.05 0.08 A2A 1.56% Due 5/15/2020 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 9/13/2015 105 of 245 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2019 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 07/15/2019 89237RAB4 23,752.91 Toyota Auto Receivable 2017-C A2A 1.58% Due 7/15/2020 100.000 23,752.91 66.05 23,818.96 0.22 Paydown 07/15/2019 89238BAB8 17,072.27 Toyota Auto Receivables Owner 2018-A 100.000 A2A 2.1% Due 10/15/2020 Paydown Paydown Paydown Paydown 07/15/2019 89238KAD4 17,072.27 154.66 17,226.93 1.75 0.00 Toyota Auto Receivables Owner 2017-D 100.000 A3 1.93% Due 1/18/2022 07/18/2019 43814UAG4 07/18/2019 43814WAB1 07/22/2019 43815HAC1 0.00 Honda Auto Receivables 2018-2 A3 3.01% Due 5/18/2022 0.00 HAROT 2019-1 A2 2.75% Due 9/20/2021 100.000 100.000 0.00 Honda Auto Receivables Owner 2018-3 100.000 A3 2.95% Due 8/22/2022 0.00 209.08 209.08 0.00 0.00 0.00 0.00 438.96 309.38 626.87 438.96 309.38 626.87 0.00 0.00 0.00 Subtotal 619,816.89 619,816.89 4,357.34 624,174.23 8,618.39 Maturity 07/01/2019 3133EFW52 400,000.00 FFCB Note 1.15% Due 7/1/2019 100.000 400,000.00 0.00 400,000.00 -1,956.00 Maturity 07/15/2019 912828543 435,000.00 US Treasury Note 0.75% Due 7/15/2019 100.000 435,000.00 0.00 435,000.00 219.44 Subtotal 835,000.00 835,000.00 0.00 835,000.00 -1,736.56 Security 07/03/2019 60934N807 Withdrawal 2,230.35 Federated Investors Govt Oblig Fund I nst. 1.000 2,230.35 0.00 2,230.35 0.00 Security 07/23/2019 90LAIF$00 Withdrawal 12,500,000.00 Local Agency Investment Fund State Pool 1.000 12,500,000.00 0.00 12,500,000.00 0.00 Subtotal 12,502,230.35 12,502,230.35 0.00 12,502,230.35 0.00 TOTAL DISPOSITIONS 15,293,088.91 15,293,088.91 4,357.34 15,297,446.25 6,881.83 OTHER TRANSACTIONS Interest 07/01/2019 3133EFW52 400,000.00 FFCB Note 1.15% Due 7/1/2019 0.000 2,300.00 0.00 2,300.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 9/13/201S 106 of 245 City of National City Consolidated Account #10218 Transaction LedgerCAI As of July 31, 2019 Transaction Type Settlement Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 07/08/2019 89236TFS9 400,000.00 Toyota Motor Credit Corp Note 3.35% Due 1/8/2024 0.000 6,700.00 0.00 Interest 07/10/2019 24422EUR8 400,000.00 John Deere Capital Corp Note 3.45% Due 1/10/2024 0.000 6,900.00 0.00 Interest 07/11/2019 06051GEU9 400,000.00 Bank of America Corp Note 3.3% Due 1/11/2023 0.000 6,600.00 0.00 6,700.00 6,900.00 6,600.00 0.00 0.00 0.00 Interest 07/13/2019 3137EADB2 575,000.00 FHLMC Note 2.375% Due 1/13/2022 0.000 6,828.13 0.00 6,828.13 0.00 Interest 07/15/2019 912828543 435,000.00 US Treasury Note 0.75% Due 7/15/2019 0.000 1,631.25 0.00 1,631.25 0.00 Interest 07/23/2019 46625HKA7 400,000.00 JP Morgan Chase Callable Note Cont 12/23/2019 2.25% Due 1/23/2020 0.000 4,500.00 0.00 Interest 07/25/2019 45950KCM0 500,000.00 International Finance Corp Note 2.25% Due 1/25/2021 0.000 5,625.00 0.00 4,500.00 5,625.00 0.00 0.00 Interest 07/28/2019 69353RFE3 400,000.00 PNC Bank Callable Note Cont 6/28/2022 0.000 2.45% Due 7/28/2022 4,900.00 0.00 4,900.00 0.00 Interest 07/29/2019 91159HHL7 400,000.00 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 1/29/2021 0.000 4,700.00 0.00 4,700.00 0.00 Interest 07/31/2019 912828576 600,000.00 US Treasury Note 1.125% Due 7/31/2021 0.000 3,375.00 0.00 3,375.00 0.00 Interest 07/31/2019 912828UL2 490,000.00 US Treasury Note 1.375% Due 1/31/2020 0.000 3,368.75 0.00 3,368.75 0.00 Interest 07/31/2019 912828V72 450,000.00 US Treasury Note 1.875% Due 1/31/2022 0.000 4,218.75 0.00 4,218.75 0.00 Subtotal Dividend 07/02/2019 60934N807 5,850,000.00 61,646.88 0.00 61,646.88 0.00 550,407.57 Federated Investors Govt Oblig Fund Inst. 0.000 320.03 0.00 320.03 0.00 Chandler Asset Management - CONFIDENTIAL Paee 13 Execution Time: 9/13/201S 107 of 245 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2019 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Dividend 07/15/2019 90LAIF$00 3,887,648,750.97 Local Agency Investment Fund State Pool 0.000 277,093.30 0.00 277,093.30 0.00 Subtotal 3,888,199,158.54 277,413.33 0.00 277,413.33 0.00 TOTAL OTHER TRANSACTIONS 3,894,049,158.54 339,060.21 0.00 339,060.21 0.00 Chandler Asset Management - CONFIDENTIAL Page 14 Execution Time: 9/13/2015. 108 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 109 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — Hope Fest hosted by Cornerstone Church of San Diego at 1920 Sweetwater Road on October 31, 2019 from 6 p.m. to 9 p.m. with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 109 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — Hope Fest hosted by Cornerstone Church of San Diego at 1920 Sweetwater Road on October 31, 2019 from 6 p.m. to 9 p.m. with no waiver of fees. PREPARED BY: Dionisia Trejo PHONE: (619) 336-4255 EXPLANATION: This is a request from Cornerstone Church of San Diego to conduct the Hope Festival at 1920 Sweetwater Road on October 31, 2019 from 6 p.m. to 9 p.m. Set up for the event will commence at 11:00 a.m. on the day of the event. This event will include live Christian music, trunk or treat, inflatable bouncer slides, face painting, game booths, food booths and eating areas with tables and chairs. DEPARTMENT: Neig Services Department APPROVED BY: Note: This event was approved by Council in 2017 and 2018 with no waiver of fees. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS City fee of $272.00 for processing the TUP through various City departments plus $191.00 for the Fire Inspection and $154.86 for Building. Total Fees $617.86 ENVIRONMENTAL REVIEW: NIAC ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: IN/Ai ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 1 10 of 245 4-4 CALIFORNIA NAT. .1111 NCfl$AORATE►� Type of Even€_ Fair/Festival TUP City of National City • Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationalcityca.gov Special Event Application Parade/March Sporting Event Event Namel Locatic n Event Title Walk or Run Concert/Performance Other (specify) Event Location (list all sites being requested) 6 2 5`} edtV0Ik % p L 014 Event -Times Set-Ups /L� _ (Lie Date ((JJ 11, d�11 Time Event Starts Date (" %i1- a() t,cl Time Event End Date OC-'J1 �0'0 6I Time Breakdowp E s �nn llf' Date OCT'��lLi Time Applicant Information 1, .00 CVyV Day of Week 1o',00fn Day of Week TWAVSOLV1 Day of Week Day of Week 1 Applicant (Your name) WO 0KM �1 A-\ Lif, Sponsoring Organization Event Coordinator (if different from 'applicant) fQ j J / Mailing Address 1 q5 O (5!N)e`2-o1 l � e 4_cl 1U,,I, i10 1 cl. ! cfjl� 4 i. eio Day Phonea1-6 -()-7 d After Hours Phone S,.,/v1-4_ Cell Fax Public Information Phone E-mail j t , ((Mil/ 1t1] ,e / L / f d CO4 • /i Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. AA OtiuvSkei ativcIA o-r SAIA Oi,-uja Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: Date 5 2Ip t— " 0 1.0 1 111 of 245 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes Are admission, entry, vendor or participant fees required? Yes If YES, please explain the purpose and provide amount (s): No No $Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ a Estimated Expenses for this event. $ \O1 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event First time event Returning Event include site map with application Note that this description may be published in our City Public Special Events Calendar: Trc 4 or ea -(-_ ra wd -ems 4f o ffWe. Estimated Attendance Anticipated # of Participants: \p00 Anticipated # of Spectators: 2 112 of 245 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes No J List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: Other (explain) Requesting to post "no parking" notices? Yes n No Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): Other(explain) WO ea- { c3rlid iie 4)(o (,(- lid (;t Com, PvctAk r' v5 Ci , Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: ra InAlf VIA e CUVAll mirk. W 1 \\ p(o) Statv-itit) i o ( `VtA ue 4.41/11- Nave you hired Professional Security to handle security arrangements for this event? Yesn No7 If YES, name and address of Security Organization Security Director (Name): Phone: if using the services of a professional'securit + firm and'the event will i ccur on City property, please' provide a copy of its insurance certificate, evidencing liability with liniifs of at least $1 Million dollars per occu iencel 2 Million dollars aggregate as well as and additional insured endorsement naming the City of N"ational City, its officers, employees.; and agents as additional insureds. Evidence of insurance must '8.9144 by the vendor or its insurer to the Neighborhood Services. Department at the time of submission Is this a night event? Yeses No If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: �U \ '-V t y lA .l V) i \A (Jk 9�ii \ 1 m5 -e i 11 1 6)§`` inn - kA,:1� f_Y 113 of 245 First Aid Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? YesK-No j1 First aid/CPR certified? Yes I? I No First aid station to be staffed by professional company. i Company if using the services of a professional medical organization/company and the event Will occur -on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. ccesslbility.- Please describe your Accessibility Plan for access at your event by individuals with disabilities: froperildy ram o tetfC�o, � ffe r 0t9 rem kv- tiQ 14 10 ( em,6 0-F co IAA m_atA. 10001 1A5 1(161,S ttpi o\ Pit( `{41A- , &t rr' a4 V Elements of your Event Setting up a stage? Yes 1 NoI I Requesting City's PA system 1 1 Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) I I Dimensions (20x28) ❑ Applicant providing own stage P (Dimensions) Setting up canopies or tents? # of canopies size FIN°# of tents size canopies/tents being set up 4 114 of 245 Setting up tables and chairs? Furnished by Applicant or Contractor t V # of tables 9NC) # of chairs No tables being set up No chairs being set up (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables # of chairs Contractor Name No tables being set up No chairs being set up Contractor Contact Information Address City/State Phone Number Setting up other equipment? Sporting Equipment (explain) Other (explain) Not setting up any equipment listed above at event Having amplified sound and/or music? Yes PA System for announcements No CD player or DJ music Live Music ► Small 4-5 piece live band ► Other (explain) If using live music or a DJ. ► Contractor Name Large 6+ piece live band Address City/State Phone Number 5 115 of 245 Using lighting equipment at your event? Yes No Bringing in own lighting equipment Using professional lighting company ► Company Name Address Using electrical power? Yes nUsing on -site electricity jnBringing in generator(s) endorinformatian- x CitylState Phone Number No For sound and/or lighting riFor sound and/or lighting Using Kimball Park Bowl Lighting (from to ) For food and/or refrigeration For food and/or refrigeration PLEASE NOTE: Yen may be required to apply fora temporary. health pormit if feed or beverages are sold: of given awayduriing your special: event :Also` see Pernuts and Compliance' on page 8 in they Special Event Guide For additional information on obtaining a temporary health permit, please contact the County of San Diego Environmental.:Health at (61.8).338-2363._ Having food and non-alcoholic beverages at your event? Yes NI Nol 33f riVendors preparing food on -site ► # ► Business License # If yes, please describe how food will be served and/or prepared: if lj intend to cook food in the event area pleases ecify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Vendors bringing pre -packaged food ► # ► Business License # Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► nVendors selling food # ► Business License #(s) Vendors selling merchandise # ► Business License #(s) Food/beverages to be handled by organization; no outside vendors nVendors selling services # ► Business License #(s) ► Explain services nVendors passing out information only (no business license needed) # ► Explain type(s) of information 1 1 No selling or informational vendors at event 6 116 of 245 Having children activities? Yes Nol I PLEASE NOT; In the event inflatable jumps are provided at thnt,TheCityofNationF City-- reqUires:OOMMercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate:' In addition, the City of National City must be namedatan Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor Or its insurer to the City's Risk Manager ; along with the Certificated Insurance, for approval prior to the event The application should be filed out at least one week prior to the event: For questionsar t0.o1)thirt a copy of the "Facility Use Application please contact the Engineering/Public Works Department at (619) 336-4580. riInflatable bouncer house # Inflatable bouncer slide # LiCarnival Rides Rock climbing wall Height Arts & crafts (i.e., craft making, face painting, etc.) nOther Having fireworks or aerial display? Yesrl No[1 HVendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTEt::Irrthe .'eVerrtifireiiipikO:oi.Ohether-:eerlaldisp16:1S.;p)?n6od feryLirevent . NIOtipbgi:clty:i-oiLiir0•COrnnierc161.:liebilityJnSortite•w4ii::litnito $2 Million dollars pei ,.,.; . . F. 00CcjitOtoa/..$4::.11/.1i!liOn edditiOn;':the:CjtY: of National'qty.;n1(.4:1.* named • an Additional ,1*ted ..01jeso014•10 e:01?Or0t0'.endOrsernerit,- which OM be provided 13yE.tfie,yeii00f-...01•-•:Eift • to Risk Manager along with Intufohoi1oi--.4pprii.Val , • o 6ybot:::::,.p0.1300diiig on the •.size aridtdr.:,(0tare Of the fireworks display, the CitiieSerVes4he'.iight must also obtain fireworks pet mit frorrirthe- National City r.)epettriefit arid the test is $545:00 . Arranging for media coverage? Yes No DCIYes, but media will not require special set-up riYes, media will require special set-up. Describe 7 117 of 245 Event Si • nage PLEASE NOTE: For City sponsored or co -sponsored events, banners: publicizing'the.event.may be placed onthe existing poles on the 1800 block and .8.100 block of National. City Boulevard:. The banners must be made to the City's specifications Please refer to the City's Special Event Guidebook and Fee Schedule: for additional information Are you planning to have signage at your event? Yes Yes, we will post signage # Dimensions No x Yes, having inflatable signage # O. (complete inflatable Signage Request form) Yes, we will have banners # [] What will signs/banners say? How will signs/banners be anchored or mounted? Location of banners/signage Waste Management PLEASE: NOTE: O.ne..toilet for ever..y.250. people is required„unless the applicant. can show that.the.re .:.. are sufficient facilities in the immediate. area'evailable to the public during the event. Are you planning to provide portable restrooms at the event? Yes[] NoR7 If yes, please identify the following: ► Total number of portable toilets: ► Total number of ADA accessible portable toilets: Contracting with portable toilet vendor. P. Company Phone ► Load -in Day & Time ► Load -out Day & Time Portable toilets to be serviced. ► Time Set-up, Breakdown, Clean-up Setting up the day before the event? nYes, will set up the day before the event. )b # of set-up day(s) 11No, set-up will occur on the event day Requesting vehicle access onto the turf? Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) No, vehicles will load/unload from nearby street or parking lot. 8 118 of 245 N I?DES-Fitter Fence City to install litter fence []Applicant to install litter fence N/A Breaking down set-up the day after the event? Yes, breakdown will be the day after the event. ► # of breakdown day(s) 71 No, breakdown will occur on the event day. How are you handling clean-up? I Using City crews ElUsing volunteer clean-up crew during and after event. II�� Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 119 of 245 N a Cfry irvonny ann110.1 I. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: 0 Event Address: l CPO vi.e.e.kioaVtv C Expected # of Attendees: ((l COO i 1 Phone Number: it 3-^CX"I.0 Event Host/Coordinator: TiYVio 'n It v\. II. Storm Water Best Management Practices (BMPs) Review Y YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 10 Will enough recycling bins provided Provide number of recycle bins: `[ for the event? -') Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) r f\(" Do all storm drains have screens to temporarily protect trash and debris from entering? Are spill cleanup kits readily available at designated spots? /a * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 10 120 of 245 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VIi and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: CO �">� eititStons (i of SOO r/ t t00 Person in Charge of Activity: T I M CA141 \, 4 v\ Address: C /d � � 4'W VLQ 0‘ G PUo o ( C111) Telephone: (6 '-4 7 `7I Date(s) of Use: O(i - St--Lo HOLD HARMLESS AGREEMENT Gc- q 115-o As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorney's fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Official Title: + '1-olt' Date: kG F;or Offfce &Jse°Onl, Certificate of Insurance Approved... Date .. 121 of 245 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Cornerstone Church EVENT: Hope Fest DATE OF EVENT: October 31, 2019 APPROVALS: COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] ENGINEERING YES [ x ] NO [ ] SEE CONDITIONS [ ] COMMUNITY DEVELOPMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: COMMUNITY SERVICES No involvement RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned application for the issuance of a Temporary Use Permit. in as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the Hold Harmless and Indemnification Agreement were properly executed by the applicant at the time the Special Event Application was submitted. PUBLIC WORKS (619)366-4580 No involvement 13 123 of 245 FINANCE Pending POLICE DEPARTMENT A bulletin information Form (BIF) will be created for all patrol personnel working during the event times listed. National City Police Officers will conduct extra patrol as possible. Extra patrol will take place during un-obligated time taking into account that priority calls for service take precedence. CITY ATTORNEY Approved on conditions that Risk Manager approves. ENGINEERING No comments COMMUNITY DEVELOPMENT Planning 1. All activities shall comply with the limitations contained in Table III of NCMC Title 12 (Noise). 2. All speakers shall face away from residential properties. Building A fee of $154.86 will be charged for the plan review. Applicant revised the plan and decided to remove the stage for the event on 9/18/19. Neighborhood Services Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. 14 124 of 245 FIRE (619) 336-4550 Inspection Required If inspection is after 6pm a $191.00 fee will be charged. Stipulations required by the Fire Department for this event are as follows: 1) Access to the area to be maintained at all times, entrances and emergency roadways. 2) Fire Department access into and through booth areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Fire Hydrants shall not be blocked or obstructed. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 6) Provide a 2A:10BC fire extinguisher at stage area. Extinguisher to be mounted in a visible location between 3'/2`to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. See Attached 7) Internal combustion power sources that may be used for inflatables, shall be of adequate capacity to permit uninterrupted operation during normal operating hours. Refueling shall be conducted only when the ride is not in use. 8) Internal combustion power sources shall be isolated from contact with the public by either physical guards, fencinq or an enclosure. Internal combustion power shall be at least 20 feet away stage area. 9) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all rides, cooking areas, game booths, etc. 15 125 of 245 11) If tents or canopies are used, the following information shall apply: • Tents having an area from 0-200 square feet shall be $300.00 • Tents having an area more than 201 square feet shall be $600.00 • Canopies having an area from 0-400 square feet shall be no charge. • Canopies from 401-500 square feet shall be $353.00. • Canopies from 501-600 square feet shall be $394.00. • Canopies from $601.00 or greater shall be $515.00. • Multiple tents and or canopies placed together equaling or greater than the above stated information shall be charged accordingly. • Tents shall be flame-retardant treated with an approved State Fire Marshal seal attached. A permit from the Fire Department must be obtained. Fees can only be waived by the City Council. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted under tents or canopies unless the tents or canopies meet State Fire Marshal approval for cooking. See Fire Marshal for required explanation. 12) Concession stands utilized for cooking shall have a minimum of 10 feet of clearance on two sides and shall not be located within 10 feet of tents or canopies. 13) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. See Fire Marshal for required explanation. All fire extinguishers to have a current State Fire Marshal Tag attached. 14) First Aid will be provided by Cornerstone Church of San Diego personnel. 15) All Jumpers, Bounce Houses, 'Inflatables, Stage coverings etc. shall have a Certificate of State Fire Marshal flame resistance and shall be provided to the National City Fire Department before the event. Additional fees may apply based on square footage. 16) All blower motors for Jumpers, slides, etc. must be listed for use. 17) Previous years you have had Carnival and Fair type rides. The Carnivals and Fairs on day permit is $515.00 if needed. 18) Required inspections taking place, after hours, holidays, and weekends will be assessed a minimum of one hundred ($191.00) dollars. 16 126 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 127 The following page(s) contain the backup material for Agenda Item: Warrant Register #8 for the period of 8/14/19 through 8/20/19 in the amount of $135,787.10. (Finance) Please scroll down to view the backup material. 127 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #8 for the period of 8/14/19 through 8/20/19 in the amount of $135,787.10. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: Finance APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 8/14/19 - 8/20/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation No Warrants Over $50,000 Processed During This Period FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $135,787.10. 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 $135,787.10 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 8 128 of 245 CALIFORNIAF__ PAYEE COUNTYWIDE MECHANICAL DIXIELINE LUMBER CO GONZALES, G HERNANDEZ, JOEY MABUHAY TRAVEL MEIER, BELEN NHA ADVISORS LLC ROBLES, BENITO SANDOVAL, VANESSA STAPLES BUSINESS ADVANTAGE SUMMERCREST APARTMENT AT&T AT&T CALIFA GROUP CALPELRA CLF WAREHOUSE INC CONCENTRA MEDICAL CENTERS COUNTY OF SAN DIEGO COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY DEPARTMENT OF JUSTICE D-MAX ENGINEERING INC EATON, PATRICIA ALEJANDRA EXOS COMMUNITY SERVICES LLC FEDEX GALEANA, K GOVCONNECTION INC HEALTH NET INC HOME DEPOT CREDIT SERVICES IDEMIA IDENTITY & SECURITY USA INNOVATIVE CONSTRUCTION INTENT DIGITAL LLC LASER SAVER INC MUNOZ, L NATIONAL CITY CAR WASH NERI LANDSCAPE ARCHITECTURE OFFICE SOLUTIONS BUSINESS OFFICE TEAM OMNI EQUIPMENT SOLUTIONS INC PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES POWERMOON ENTERPRISES LTD PROFESSIONAL SEARCH GROUP LLC S&S WORLDWIDE INC SAM'S ALIGNMENT SAN BERNARDINO CNTY SHERIFF'S SAN DIEGO MIRAMAR COLLEGE -M'IO-..'`5L law 1141CORPQRAT813 • WARRANT REGISTER # 8 8/20/2019 DESCRIPTION HVAC MAINTENANCE AND REPAIRS / PW COMMUNITY SERVICES DAY PLANTERS TRAINING ADV LDG BACKGRD INV/PD REIMB / VIOLATION DISMISSED REIMB / FIRE INSPECTION FEE REIM / PARK PERMIT 2019 PENSION REPORT & GF CONSULTING / FINANCE REIMB / VIOLATION DISMISSED REIM / PARK PERMIT CASA DE SALUD WHITE SCREEN REIMB / BL OVERPAYMENT AT&T SBC ANNUAL PHONE SERVICE JUL 2019 AT&T PHONE MONTHLY SERVICES AUG 2019 CENIC BROADBAND APR - JUN 2019 2019-2020 CALPELRA MEMBERSHIP MOP 80331. SUPPLIES FOR EQUIPMENT PRE -EMPLOYMENT PHYSICAL POLICE AND FIRE RADIOS ON THE NETWORK COX DATA VIDEO SVCS AUG 07, SEP 06, 2019 PROPERTY INSURANCE NEW EMPLOYEE FINGERPRINT TEST RESULTS LIABILITY CLAIM COST CITY COUNCIL TRANSLATION 08-06-19 EXOS LAS PALMAS EXPENSES FEDEX GROUND SERVICES JUL 17, 2019 TRAVEL MILEAGE REIMB / FINANCE SURFACE PRO / MIS GRP #57135A - AUGUST 2019 GENERAL SUPPLIES NEEDED FOR BUILDING NEW EMPLOYEE FINGERPRINT TEST SUBMISSION HARBISON AVE ROAD DIET CIP 18-17 PLATINUM SUPPORT SEP 01, 2019/AUG 31, 2020 MOP 45725 CYAN TONER OEM - ENG TRAVEL EXPENSE REPORT - LILIA MUNOZ CAR WASH SERVICES FOR CITY FLEET FY 2020 EL TOYON PARK MASTER PLAN MOP 83778 OFFICE SUPPLIES/ENG TEMP STAFFING SERVICES 7-19-19 / ENG KITS FOR ARS / PW PHONE MONTHLY PAYMENT AUG 2019 JANITORIAL SUPPLIES / FIRE LED LIGHTS FOR DUI CHECKPOINT PROFESSIONAL SERVICES W/E AUG 04, 2019 CASA DE SALUD SUPPLIES WHEEL ALIGNMENT SERVICE FOR CITY TRAINING TUITION BACKGROUND INV/ GONZALES / PC TRAINING TUITION 119TH POLICE ACADEMY CHK NO 343653 343654 343655 343656 343657 343658 343659 343660 343661 343662 343663 343664 343665 343666 343667 343668 343669 343670 343671 343672 343673 343674 343675 343676 343677 343678 343679 343680 343681 343682 343683 343684 343685 343686 343687 343688 343689 343690 343691 343692 343693 343694 343695 343696 343697 343698 343699 DATE 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 8/20/19 AMOUNT 1,209.14 945.88 625.62 35.00 134.00 25.00 12,162.50 35.00 25.00 705.52 3,000.00 2,165.36 80.42 4,768.58 370.00 299.84 80.00 8,749.50 5,628.09 862.50 160.00 3,538.52 200.00 5,923.64 24.73 117.97 3,397.78 3,368.90 2,265.12 10.00 20,100.50 3,000.00 1,288.42 21.91 405.00 2,561.00 24.87 3,724.58 258.55 93.60 553.76 1,083.00 1,780.00 235.11 120.00 244.00 299.00 1/2 129 of 245 PAYEE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO REGIONAL PUBLIC SDG&E SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SPECIAL SERVICES GROUP LLC SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SUN BADGE COMPANY INC SWAGIT PRODUCTION LLC TAB PRODUCTS CO THE ABBEY CATERING THE STAR NEWS U S BANK UNDERGROUND SERVICE ALERT VERIZON WIRELESS VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WHITAKER BROTHERS WIRED PAYMENTS PAYCHEX BENEFIT TECH INC SECTION 8 HAPS CALIFORNIA NATIONAL Cfl j ?AICORPQRAT8D WARRANT REGISTER # 8 8/20/2019 DESCRIPTION TRAINING ROT FOR SEWARD/PIERSON TRAINING PETTY CASH FOR ACADEMY 119 & 120 SDG&E UTILITIES FOR STREET FY 2020 MOP #45756/OFFICE SUPPLIES/HR WHITE BUSINESS ENVELOPES WITH CITY LOGO BATTERY FOR TRACKER STICKERS FOR PATROL VEHICLES MOP 45704 MLK COIN SORTER MOP 61744 COMPUTER PERIPHERALS - MIS SLIMLINE SUNTONE-SILTONE BADGE VIDEO STREAMING SERVICES JUL 2019 OFFICE SUPPLIES JULY 26, 2019 - CITY CLERK OFFICE VOLUNTEER APPRECIATION DINNER ADVERTISING NOTICES AUG 09, 2019 CREDIT CARD PAYMENT JULY 2019 - CMO UNDERGROUND SERVICE ALERT FY 2020 VERIZON CELLULAR SERVICES JUL 05, AUG 04, 2019 457301, 3/8 COLD MIX, SC8 MISCELLANEOUS JANITORIAL SUPPLIES ACTUATING PAWL ASSEMBLY - LABOR BENETRAC ESR SVCS BASE FEE AUGUST 2019 Start Date 8/14/2019 End Date 8/20/2019 GRAND TOTAL CHK NO DATE AMOUNT 343700 8/20/19 46.00 343701 8/20/19 48.00 343702 8/20/19 6,352.51 343703 8/20/19 110.14 343704 8/20/19 69.60 343705 8/20/19 152.25 343706 8/20/19 142.24 343707 8/20/19 486.89 343708 8/20/19 95.00 343709 8/20/19 148.57 343710 8/20/19 1,920.83 343711 8/20/19 36.25 343712 8/20/19 3,904.13 343713 8/20/19 164.01 343714 8/20/19 320.20 343715 8/20/19 402.06 343716 8/20/19 348.37 343717 8/20/19 2,452.37 343718 8/20/19 2,740.29 343719 8/20/19 211.56 A/P Total 116,858.18 579132 8/16/19 532.40 18,396.52 $ 135,787.10 2/2 130 of 245 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL 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 lst OF OCTOBER, 2019. AYES NAYS ABSENT 131 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 132 The following page(s) contain the backup material for Agenda Item: Warrant Register #9 for the period of 8/21/19 through 8/27/19 in the amount of $1,713,699.31. (Finance) Please scroll down to view the backup material. 132 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #9 for the period of 8/21/19 through 8/27/19 in the amount of $1,713,699.31. (Finance) PREPARED BY: Karla Apalategui, Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 8/21/19 - 8/27/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Portillo Concrete Inc 343757 94,276.10 Euclid Ave. Bicycle & Ped Enh SDG&E 343765 94,365.85 Gas & Electric Utilities — PW Public Emp Ret System 8222019 252,593.75 Service Period 7/30/19 - 8/12/19 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,713,699.31. 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 $1,713,699.31 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 9 133 of 245 PAYEE BMI COUNTY OF SAN DIEGO SANDAG VORTEX INDUSTRIES INC AARDVARK ADMINSURE INC AEP CALIFORNIA LLC AMAZON ASSI SECURITY INC BAKER & TAYLOR CALIFA GROUP CARDOZA, M COMMERCIAL AQUATIC SERVICE INC CONCENTRA MEDICAL CENTERS COUNTYWIDE MECHANICAL SYSTEMS DANIELS TIRE SERVICE DBX INC DE PASCALE, A DELGADO, E DEPARTMENT OF INDUSTRIAL SERVICES DEPARTMENT OF INDUSTRIAL SERVICES DISCCERT INC FASTSIGNS FLETCHER, JAMES GOLDSTAR ASPHALT PRODUCTS GONZALES, T GRAINGER GUTIERREZ, VICTOR HOME DEPOT CREDIT SERVICES JJJ ENTERPRISES MAINTEX INC MIDWEST TAPE NATIONAL CITY MOTORCYCLES OCCAM VIDEO SOLUTIONS OLSON, J O'REILLY AUTO PARTS PALMA, A PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROVANTAGE LLC PRUDENTIAL OVERALL SUPPLY RELY ENVIRONMENTAL ROUNDS, R SDG&E SMART & FINAL CALIFORNIA< -M'I.O1!11-.. L toV. n aaa DICORPQRjAT8D WARRANT REGISTER # 9 8/27/2019 DESCRIPTION MUSIC PERFORMANCE AGREEMENT 343720 LAFCO COST FOR FY 2019/2020 343721 FY2020 SANDAG MEMBER AGENCY ASSESSMENTS 343722 CITY WIDE ON SITE SERVICE & REPAIRS SWAT ROBOT ARM W/C CLAIMS ADMIN MONTHLY SVCS SEP 2019 OUTFITTING OF VEHICLES BOOKS FOR LIBRARY AS NEEDED FOR FY20 INSTALLATION OF ENROLLMENT READER BOOKS AS NEEDED FOR FY20 CALIFA MEMBERSHIP RENEWAL - NATL CITY TRAINING REIM ULTIMATE TRAINING OFFICER/PD CHEMICALS DELIVERED AUG 03, 2019 SERVICES AT CMC-SDG NAT CITY AUG 07, 2019 CITYWIDE ON -SITE HVAC SERVICES TIRES FOR CITY FLEET FOR FY 2020 FIBER OPTIC TRAFFIC SIGNAL REIMB: DEPASCALE TUITION REIMB - DRY CLEAN CITY TABLE CLOTHS RAQSI INSPECTION - AQUATOPIA JUL 19, 201 QS12 INSPECTION - AQUATOPIA AUG 08, 2019 ONLINE DISC ASSESSMENTS -SELF DIBOND 2MM BLACK ON WHITE- T&A90297 318E 18TH ST - DEPOSIT 36" LUTE W17' HANDLE EDUCATIONAL REIMB JUL 02, AUG 05, 2019 DEADBOLT LOCK / PW T&A90218 318 E 18TH ST - DEPOSIT GENERAL SUPPLIES NEEDED FOR BUILDING FIRE AND SECURITY ALARM MONITORING CITYWIDE JANITORIAL SUPPLIES AUDIO VISUAL MATERIALS FOR LIBRARY SERVICE AND REPAIR FOR EMERGENCY 1500 INPUT ACE LITE SOFTWARE REIMB FOR CHECK CODE BOOKS - NSD MOP 75877 AUTO SUPPLIES - PW REIMBURSEMENT FOR MILEAGE AND PARKING EUCLID AVE. BICYCLE & PED. ENH. MOP 67839. BATTERIES / PW MOP 45707 GENERAL SUPPLIES - PW PSG TEMPORARY HELP W/E AUG 18, 2019 - F USB/SYNC CHARGING TABLE FOR ELECTRONICS MOP 45742 LAUNDRY SERVICES - PW HAZARDOUS WASTE REIMB ROUNDS FBINNA TRAINING GAS AND ELECTRIC UTILITIES - PW MOP 00280 PD SUPPLIES CHK NO DATE AMOUNT 8/26/19 639.90 8/26/19 25,500.96 8/26/19 23,349.00 343723 8/26/19 1,435.00 343724 8/27/19 26,139.56 343725 8/27/19 7,631.25 343726 8/27/19 12,036.46 343727 8/27/19 724.56 343728 8/27/19 3,165.00 343729 8/27/19 981.43 343730 8/27/19 400.00 343731 8/27/19 127.84 343732 8/27/19 1,220.50 343733 8/27/19 47.00 343734 8/27/19 2,323.30 343735 8/27/19 1,918.90 343736 8/27/19 30,775.82 343737 8/27/19 1,697.00 343738 8/27/19 60.00 343739 8/27/19 803.75 343740 8/27/19 146.25 343741 8/27/19 3,430.00 343742 8/27/19 431.17 343743 8/27/19 243.86 343744 8/27/19 353.17 343745 8/27/19 1,200.00 343746 8/27/19 1,834.13 343747 8/27/19 500.00 343748 8/27/19 1,449.17 343749 8/27/19 2,225.00 343750 8/27/19 428.08 343751 8/27/19 103.17 343752 8/27/19 2,700.75 343753 8/27/19 995.00 343754 8/27/19 56.19 343755 8/27/19 391.55 343756 8/27/19 23.72 343757 8/27/19 94,276.10 343758 8/27/19 346.74 343759 8/27/19 2,418.35 343760 8/27/19 1,350.90 343761 8/27/19 665.31 343762 8/27/19 269.56 343763 8/27/19 2,590.10 343764 8/27/19 25.00 343765 8/27/19 94,365.85 343766 8/27/19 264.62 1/2 134 of 245 PAYEE SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY TALLAL INC THE BUMPER GUY INC THE ENGRAVING STORE THE KNOX COMPANY THE SHERWIN WILLIAMS CO TIM CAPTAIN T'S & SIGNS TURF STAR INC U S BANK UNITED PARCEL SERVICE UNITED RENTALS VALLEY INDUSTRIAL SPECIALTIES VIGILANT SOLUTIONS LLC VINCERO CONSTRUCTION CO VORTEX INDUSTRIES INC VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WETMORES WETMORES WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 18 8/13/2019 CALIFORNIA NATIoNAL ''_ 1' j ?AICORPQRAT8D WARRANT REGISTER # 9 8/27/2019 DESCRIPTION SUV STRESS CARS MOP 45704 OFFICE SUPPLIES - ENG ASPHALT - TACK 3/8 SHEET JUL 26, 2019 WATER SERVICES FOR PARK FY 2019 SUMMER MOVIES IN THE PARK / CSD MATERIALS - AUTO COVER - LABOR JUL 31, 2019 FLAG BOX (DEVANEY/FLORES) MODEL 3261 - SURFACE MOUNT, HINGED MOP 77816 GENERAL SUPPLIES - PW T&A90350 1805 E. 17TH ST. NATIONAL CITY GUIDES / CSD SPINDLE / PW TRAINING CREDIT CARD SHIPPING TO LAPD DRILL STEEL - CARBIDE ROCK BIT MOP 46453 BUILDING SUPPLIES - PW INSTALLATION OF HARDWARE APR 30, 2019 T&A90355 3000 NATIONAL CITY BLVD - BOND REPAIRS NORTH SWING GATE AUG 2019 3/4 IN CL 2 BASE / PW MOP 63850 GENERAL SUPPLIES - PW BENDIX PADS, WINDOW K, OIL SEAL / PW MOP 80333 AUTO SUPPLIES - PW ARREARS CONTRIBUTIONS - HERNANDEZ G KAISER FOUNDATION DEDUCTIONS FEES SERVICE PERIOD 07/30/19 - 08/12/19 End Date 8/26/2019 Check Date 9/4/1949 CHK NO DATE AMOUNT 343767 8/27/19 2,476.18 343768 8/27/19 409.55 343769 8/27/19 206.88 343770 8/27/19 1,058.84 343771 8/27/19 545.00 343772 8/27/19 877.17 343773 8/27/19 96.98 343774 8/27/19 765.60 343775 8/27/19 80.98 343776 8/27/19 560.82 343777 8/27/19 1,527.94 343778 8/27/19 333.04 343779 8/27/19 2,969.55 343780 8/27/19 54.48 343781 8/27/19 178.99 343782 8/27/19 1,007.51 343783 8/27/19 3,000.00 343784 8/27/19 6,133.40 343785 8/27/19 10,415.90 343786 8/27/19 379.37 343787 8/27/19 414.64 343788 8/27/19 2,735.75 343789 8/27/19 9.03 A/P Total 390,298.57 583501 8/22/19 5,764.50 583515 8/22/19 11.10 8222019 8/22/19 252,593.75 1,065,031.39 GRAND TOTAL $1,713,699.31 2/2 135 of 245 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 BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL 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 lst OF OCTOBER, 2019. AYES NAYS ABSENT 136 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 137 The following page(s) contain the backup material for Agenda Item: Public Hearing - Proposed Street Vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) (Planning) Please scroll down to view the backup material. 137 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing — Proposed Street Vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) PREPARED BY: Martin Reeder, AICP - '` DEPARTMENT: Pi�rarrin'g 4vision PHONE: 619-336-4313 EXPLANATION: The City Council initiated the vacation request on August 6, 2019 to vacate a small portion of the easterly half of the alley in this location in order to locate a new electrical transformer. This portion of alley is approximately mid -block between East 11th and 12th streets. The northerly 150 feet of alley was vacated in 2013 as part of an approved 131-unit affordable residential project. After initiation, staff suggested that the remaining alley be vacated in that it no longer serves a public purpose; therefore, this request is for the remaining 100 feet of alley north of East 12th Street. The Planning Commission determined the vacation consistent with the General Plan on August 19, 2019. APPROVED BY: The attached Background Report describes the proposed vacation in more detail. FINANCIAL STATEMENT: ACCOUNT NO. { APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The alley vacation does not result in any changes in land use. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 1Staff concurs with the Planning Commission determination and recommends approval of the alley vacation.' BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the alley vacation request complies with the General Plan. Vote: Ayes — Natividad, Baca, Flores, Sendt, Yamane, DelaPaz Absent — Garcia ATTACHMENTS: 1. Background Report 2. Recommended Findings & Conditions 3. Overhead 4. Site Photos 5. Plat Map 6. Notice of Exemption 7. Planning Commission Resolution No. 2019-16 8. Public Notice 138 of 2451 BACKGROUND REPORT Staff Recommendation Staff recommends that the City Council approve the alley vacation request. Executive Summary The applicant has proposed to vacate a small portion of the easterly half of the alley in this location in order to locate a new electrical transformer. This portion of alley is approximately mid -block between East 11th and 12th streets. The northerly 150 feet of alley was vacated in 2013 as part of an approved 131-unit affordable residential project. Staff has suggested that the remaining alley be vacated in that it no longer serves a public purpose; therefore, this request is for the remaining 100 feet of alley north of East 12th Street. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on August 6, 2019. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation conforms to the General Plan and forward the recommendation to the City Council. Site Characteristics This portion of alley is approximately mid -block between East 11th and 12th streets running south towards City Hall. There is an existing electrical transformer located on East 11th Street, from which an electrical line services the Enterprise Rent-A-Car property via the now -vacated northerly 150 feet of alley. In order to build the approved affordable housing project, the electrical transformer and associated conduit will need to be relocated. Current City policy requires that all electrical transformers serving non-public uses be located on private property. The applicant has been working with the owners of the Enterprise Rent-A-Car property to relocate the transformer, but the owners do not wish to participate, even though the applicant has offered to pay all costs associated with relocation and installation. Proposal In order to allow the project to move forward, the applicant has worked with City staff on a solution for relocation of the electrical service. It was originally suggested that a small portion of the alley be vacated so that a new transformer may be installed. The easterly half of the alley would become part of the applicant's property and they have agreed to allow an easement for electrical service to be provided to the Enterprise property from the transformer, which would be located on their property. While this is not a normal scenario, ATTACHMENT 1 1 139 of 245 the applicant cannot build the project without relocation of the electrical service. Construction of the affordable housing project would meet several City General Plan and Housing Element policies, especially with regard to affordable housing. Seeing that the northerly 150 feet of alley has already been vacated, the remaining alley no longer serves any public purpose. Therefore, staff is suggesting that the remaining alley be vacated. If this occurs, the easterly half of the alley would revert to the underlying property belonging to the applicant, and the westerly half to the owner of the Enterprise - Rent -A -Car property. The applicant has stated that if the remaining alley were to be vacated, they would guarantee continued vehicular access to the rear of the Enterprise property. The area housing the proposed new transformer and associated access would remain on the applicant's property. As such, conditions have been included that will: 1. Reserve an access easement for the respective land owners so that both can access their properties via the alley. 2. Reserve an easement for SDG&E over the entire alley as part of the alley vacation. 3. Establish responsibility for maintenance of the alley after it is vacated. These reservations and responsibilities will be in place before the order to vacate and would thus be guaranteed once the alley is finally vacated. Analysis The street segment proposed to be vacated is an alley and is not designated as a road or street in the Circulation Element of the General Plan. While the alley is currently used for motorized access to the Enterprise property, the access will not change and the applicant (via conditions of approval) will guarantee continued access to the neighboring property for Enterprise Rent-A-Car operations. General Plan Conformance The street segment proposed to be vacated is an alley and is not designated as a road or street in the Circulation Element of the General Plan. In addition, without the transformer relocation, which the alley vacation will facilitate, the project cannot be built. As the Commission will recall, the City has a regional housing needs fulfilment requirement from SANDAG. Not only will this project provide for 131 new housing units, but it will be affordable to a range of family incomes, which is consistent with both SANDAG and General Plan policy as contained in the Housing Element, which focuses on (among other things): 2 140 of 245 • Matching housing supply with need • Maximizing housing choice throughout the community Relocation of the utilities through vacation of the alley will also be consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure (the same as pertinent during the original alley vacation), specifically, the following policies: • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. This is important because the City is almost completely built out, but additional population growth and development still needs to be accommodated. Vacant parcels, underutilized parcels, and existing vacant buildings are the most logical locations to direct future development. Planning Commission hearing Planning Commission held a hearing on August 19, 2019 and determined that the Street Vacation was in conformance with the National City General Plan (Circulation Element). Summary The General Plan Circulation Element does not identify the area as a road or street. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the vacation would promote a more comprehensive project that is consistent with the Housing Element. Options 1. Approve 2019-18 SC based on attached findings or other findings as determined by the City Council, subject to the attached conditions and; or 2. Deny 2019-18 SC based on findings as determined by the City Council; or, 3. Continue the item for additional information. 3 141 of 245 RECOMMENDED FINDINGS OF APPROVAL 2019-08 SC — Alley vacation north of East 1 2th Street 1. The alley to be vacated is not designated as a road or street in the Circulation Element of the General Plan. 2. That the vacation will facilitate an approved 131-unit residential project that is consistent with both San Diego Association of Governments (SANDAG) and General Plan policy as contained in the Housing Element, which encourages matching housing supply with need and maximizing housing choice throughout the community. 3. That relocation of the utilities through vacation of the alley will be consistent with General Plan policies LU-7.1 and LU-7.6 related to development of vacant and underutilized parcels. ATTACHMENT 2 4 142 of 245 RECOMMENDED CONDITIONS OF APPROVAL 2019-08 SC — Alley vacation north of East 12th Street General 1. This Street Closure authorizes the vacation of 20 feet by 100 feet of the alley north of East 12th Street between National City Blvd. and "A" Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-08 SC dated 8/14/2019. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. The City shall reserve easements for all existing and proposed utilities located in the alley area prior to the vacation of the alley. 4. The City shall reserve an access easement for the respective land owners having underlying fee title to the vacated property that guarantees both parties equal access to the entire area to be vacated. The easement shall be in place prior to the vacation of the alley. 5. The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 6. Maintenance of the area of the alley to be vacated, after the project commonly referred to as the Courtyards at Kimball has been completed and the alley has been vacated, shall be the responsibility of the owners of the property located at 1145 National City Blvd. in that they will be the only users of the property. While the applicant will have right of access to the alley area, it is not expected that regular access will be necessary, but that any damage incurred as a result of said access will be repaired or compensation provided to the maintenance provider. 7. Access to the existing trash enclosure on the property located at 1145 National City Blvd. shall be maintained. In the event that EDCO requires (in writing) reconfiguration of the trash disposal facilities on the property, the current or future 5 143 of 245 owners of the project commonly referred to as the Courtyards at Kimball shall pay all necessary costs related to said reconfiguration. 6 144 of 245 2019-18 SC — Alley vacation north of East 12th Street — Overhead Alley vacated in 2013 (northerly 150 feet) Area of alley proposed to be vacated (southerly 100 feet) ATTACHMENT 3 7 145 of 245 2019-18 SC — Alley vacation north of East 12th Street — Site photos Alley looking north from East 12th Street ATTACHMENT 4 8 Alley looking south from mid -block 146 of 245 Approximate location of new transformer and access clearance area 9 147 of 245 ELEVENTH 1111. 7 9 10 0I M15807 1X5a 1750 , • • . 0.87 AC N72'4'55'Lf co TWELVETH ATTACHMENT 5 i 56 i 56 SEE DETAIL "A" 10 148 of 245 CALIFORNIA NATIONAL CIawv TY INCORPORATED CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn.: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Project Title: 2019-18 SC Project Location: Alley north of East 12th Street between National City Blvd. and "A" Avenue, National City, CA 91950 Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Vacation of 100 feet of alley north of East 12th Street between National City Blvd. and "A" Avenue in association with utility reconfiguration for multi -unit residential project. Applicant: AMG & Associates, LLC 16633 Ventura Blvd, Encino, CA 91436 Telephone Number: (818) 380-2600 Exempt Status: Categorical Exemption. Class 5, Section 15305 (Minor Alterations in Land Use Limitations). The alley vacation does not result in any changes in land use. Reasons why project is exempt: There is no possibility that the proposed vacation will have a significant impact on the environment since the area to be vacated is an undeveloped street right-of-way that is not identified as a major road (arterial or collector) in the Circulation Element of the General Plan, and is not identified for any future street or alley extension in or near the subject area. The property is less than five acres in size and is surrounded by urban development. Date: MARTIN REEDER, AICP - Principal Planner ATTACHMENT 6 11 149 of 245 RESOLUTION NO, 2019-16 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, FINDING THE VACATION OF A PORTION OF ALLEY NORTH OF EAST 12TH STREET (BETWEEN NATIONAL CITY BLVD. AND "A" AVENUE) FOR INSTALLATION OF UTILITIES RELATED TO AN APPROVED AFFORDABLE HOUSING PROJECT TO BE IN CONFORMANCE WITH THE GENERAL PLAN. CASE FILE NO. 2019-18 SC WHEREAS, the Planning Commission of the City of National City considered the vacation of portion of alley north of East 12th Street (between National City Blvd. and "A" Avenue) for installation of utilities related to an approved affordable housing project for conformance with the General Plan at a hearing held on August 19, 2019, at which time oral and documentary evidence was presented; and, WHEREAS, at said hearing the Planning Commission considered the staff report contained in Case File No. 2019-18 SC maintained by the City and incorporated herein by reference.along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on August 19, 2019, support the following findings: 1. The alley to be vacated is not designated as a road or street in the Circulation Element of the General Plan. 2. That the vacation will facilitate an approved 131-unit residential project that is consistent with both San Diego Association of Governments (SANDAG) and General Plan policy as contained in the Housing Element, which encourages matching housing supply with need and maximizing housing choice throughout the community. ATTACHMENT 7 12 150 of 245 3. That relocation of the utilities through vacation of the alley will be consistent with General Plan policies LU-7.1 and LU-7.6 related to development of vacant and underutilized parcels. BE IT FURTHER RESOLVED that the application for Street Vacation, if approved, is subject to the following conditions: General 1. This Street Closure authorizes the vacation of 20 feet by 100 feet of the alley north of East 12th Street between National City Blvd. and "A" Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-08 SC dated 8/14/2019. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 3. The City shall reserve an access easement for the respective land owners having underlying fee title to the vacated property that guarantees both parties equal access to the entire area to be vacated. The easement shall be in place prior to the vacation of the alley. 4. The City shall reserve easement and right-of-way for SDG&E to erect, construct, change the size of, improve, reconstruct, relocate, repair, remove, maintain and use facilities consisting of underground electric facilities, communication facilities and all appurtenances for the transmission and distribution of electricity and for pipelines and appurtenances, together with the right of ingress thereto and egress therefrom over said easement and over other practical routes. No building or other structure, including fences, shall be permitted within the easement without SDG&E's prior written consent. SDG&E's prior written consent shall be required before planting any trees or increasing/decreasing the ground elevation within the easement. The easement shall be in place prior to the vacation of the alley. 5. Maintenance of the area of the alley to be vacated, after the project commonly referred to as the Courtyards at Kimball has been completed and the alley has been vacated, shall be the responsibility of the owners of the property located at 1145 National City Blvd. in that they will be the only users of the property. While the applicant will have right of access to the alley area, it is not expected that regular access will be necessary, but that any damage incurred as a result of said access will be repaired or compensation provided to the maintenance provider. 6. Access to the existing trash enclosure on the property located at 1145 National City Blvd. shall be maintained. In the event that EDCO requires (in writing) 13 151 of 245 reconfiguration of the trash disposal facilities on the property, the current or future owners of the project commonly referred to as the Courtyards at Kimball shall pay all necessary costs related to said reconfiguration. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the Planning Commission finds the proposed Street Vacation in conformance with the National City General Plan. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council, CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of August 19, 2019 by the following vote: AYES: Natividad, Baca, NAYS: None. ABSENT: Garcia ABSTAIN: None. Flores, Sendt, Yamane, Dela Paz 14 152 of 245 XYukdill) , V. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, October 1, 2019, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: PROPOSED STREET VACATION OF A PORTION OF ALLEY NORTH OF EAST 121.11 STREET AND EAST OF NATIONAL CITY BLVD. FOR INSTALLATION OF UTILITIES RELATED TO AN APPROVED AFFORDABLE HOUSING PROJECT Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission found the street vacation in conformance with the National City General Plan at their meeting of August 19, 2019 by unanimous vote with one member absent. September 17, 2019 ATTACHMENT 8 Michael R. Dalla, CMC City Clerk 15 153 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 154 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution approving a Conditional Use Permit for a bar (Over the Tap) to be located at 2424 Hoover Avenue, Suite A and waiver of City Council Policy 707 conditions 14 and 15. (Applicant: Jorge Ramirez) (Case File 2019-21 CUP) (Planning) Please scroll down to view the backup material. 154 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO. ITEM TITLE: Public Hearing and adoption of a Resolution approving a Conditional Use Permit for a bar (Over the Tap) to be located at 2424 Hoover Ave., Suite 'A' and waiver of City Council Policy 707 conditions 14 and 15. (Applicant: Jorge Ramirez) (Case File 2019-21 CUP) PREPARED BY: Chris Stanley PHONE: 619-336-4381 EXPLANATION: APPROVED BY: DEPARTMENT: Pia n► z ivision ,e The applicant is applying for a CUP for a bar to be located at 2424 Hoover Ave. Ste. 'A' in the Southport Commercial Center, with proposed alcohol sales hours of 10:00 a.m. to 10:00 p.m. Sunday through Wednesday and 10:00 a.m. to 12:00 a.m. Thursday through Saturday. The Planning Commission conducted a public hearing on September 9, 2019. Commissioners asked questions regarding the patio, potential customers, and hours of operation. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. The attached background report describes the project in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA as defined in Section 15378. APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends approval of the Conditional Use Permit with the waiver of City Council Policy 707 conditions of approval 8 and 9. BOARD / COMMISSION RECOMMENDATION: The Planning Commission recommended approval. Ayes: Natividad, Baca, Flores, Yamane Noes: Garcia, DelaPaz Absent: Sendt ATTACHMENTS: 1. Background Report 2. Recommended Findings 3. Recommended Conditions 4. Overhead 5. Applicant's Plans 6. Public Hearina Notice 7. Census Tract & Beat Maps 8. Community Meeting Information 9. Department Comments 10. Planning Commission Staff Report 11. Resolution 155 of 245 BACKGROUND REPORT Staff Recommendation Staff recommends approval of the on -site sale of beer and wine at a new bar "Over the Tap", subject to the attached recommended conditions. The sale of alcohol is conditionally allowed in the Major Mixed -Use Corridor zone. Staff is also recommending 10:00 a.m. to 10:00 p.m. daily as the recommended alcohol sales hours, which differs from those proposed by the applicant, but would be consistent with recent alcohol Conditional Use Permit (CUP) approvals. Executive Summary The business has applied for a CUP to sell beer and wine at a new bar (Over the Tap). The hours for the sale of beer and wine, as proposed by the applicant, are 10:00 a.m. to 10:00 p.m. Sunday through Wednesday and 10:00 a.m. to 12:00 a.m. Thursday through Saturday. A Type 42 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). History The Planning Commission conducted a public hearing on September 9, 2019. Commissioners asked questions regarding egress, potential customers, and hours of operation. The Commission voted to approve the CUP based on required findings and subject to Conditions of Approval. Site Characteristics The project location is an existing 1,292 square -foot retail space located at 2424 Hoover Avenue, which is part of a commercial development known as Southport Plaza; the bar will be the corner suite (Suite 'A'). The existing commercial suites for the Southport Plaza continue east and west of Suite 'A'. Commercial uses exist north, east, and west of the property, with industrial to the south. Proposed Use The applicant is proposing to sell beer and wine at the new bar. The floor plan provided with this application shows two tables with bench seating and bar seating with 12 seats; there is also an outdoor patio with four tables and 12 seats. Proposed alcohol sales hours are from 10:00 a.m. to 10:00 p.m. Sunday through Wednesday and 10:00 a.m. to 12:00 a.m. Thursday through Saturday. No live entertainment is proposed. ATTACHMENT 1 156 of 245 Analysis Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 132 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Wednesday, August 28, 2019 at 10:00 a.m. at the subject site. The meeting advertisement is attached (Attachment 7). There were six community member in attendance. According to the applicant, the business model was explained to those in attendance, with the only concerns being that minors will loiter at the outdoor patio and the distance of the bar to the women's recovery center; the applicant stated the actions they will take to alleviate the concerns. The applicant will monitor the outdoor patio area to ensure no minors are loitering and in regards to the women's recovery center, the applicant will limit advertising specials that could entice women from the recovery center. The applicant also stated that the same 132 occupants and owners that were notified of the Planning Commission meeting were notified of the community meeting. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet from the site. Alcohol Sales Concentration/Location - Per Alcoholic Beverage Control, there are currently 12 on -sale licenses in this census tract (219) where a maximum of eight are recommended. For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP Eagles Lodge 1131 Roosevelt Ave. 51 N Club 13 640 Civic Center Dr. 40 N Stoney's Bar and Grill 108 W. 25th St. Ste. D-G 47 Y Pier 32 Waterfront Grill 3201 Marina Way Ste. 102 47 Y Goodies Bar & Grill 740 Bay Marina Dr. 47 Y Goody's Sushi & Grill 2424 Hoover Ave. Ste. F & P 41 Y Papa Gallo Cafe 1930 Cleveland Ave. 41 N Aunt Emma's Pancakes 214 National City Blvd. 41 N Chipotle 404 Mile of Cars Way #103 41 Y 2 157 of 245 Downtown Abbey 1302 National City Blvd. 47 Y West Side Grill 1524 McKinley Ave. 47 Y Ramada 700 National City Blvd. 47 Y * Type 40 — On -Sale Beer * Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place * Type 47 — On -Sale General — Eating Place * Type 51 —Club The 12 existing licenses are for a club, bar, and 10 restaurants. Census tract 219 includes the area south of Division Street, north and east of the City boundary, and west of National City Boulevard. The attached census tract map shows the location of the subject tract (Attachment 6). Hours of Operation The hours of operation for the existing license holders range from 6:00 a.m. to 2:00 a.m. for the varying properties. Recent alcohol sales hours for restaurants have generally been between 10:00 a.m. and 10:00 p.m. The most recent beer only establishments (Novo Brazil in the pending public market at 8th Street and "A" Avenue, and Embarcadero Brewing on West 25th Street), were limited to being closed by 10:00 p.m. However, these CUPs have generally been superseded by the City's tasting room policy, which allows craft breweries to operate without the need for a CUP subject to City Council Policy 707. The subject facility would not be considered a brewery, but rather a bar. Institute for Public Strategies (IPS) recommends that the serving of alcohol not be permitted past 10:00 p.m. The Police Department also rates the sale of alcohol past 11:00 p.m. as a three on their rating system, which would be high risk. As such, staff is recommending alcohol sales hours of 10:00 a.m. to 10:00 p.m. daily. Conditions reflect the hours recommended by staff. Institute for Public Strategies IPS provided comments recommending that owners, management, and staff be required to attend Responsible Beverage Sales and Service (RBSS) training as well as the sale of beer and wine ceasing by 10:00 p.m. The RBSS training is a standard condition of City Council Policy 707 and is included as a condition of approval. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 15 points, which is in the mid -range of the Medium Risk category. Medium risk is considered 13 to 18 points (see Attachment 9). 3 158 of 245 Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 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 Major Mixed -Use Corridor 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. 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 General Plan. A bar use is consistent with the Major Mixed -Use Corridor land use designation contained in the Land Use and Community Character 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. The building is existing and not proposed to be expanded. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. 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 not require an expansion of the premises. Alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10:00 p.m. and all business staff is required to receive RBSS training. 4 159 of 245 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Not a project per (CEQA) as defined in Section 15378 The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. In this case, the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. 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. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (hours of operation, employee training, accessory sales, etc.). All conditions contained in Council policy 707 are typically required for new alcohol CUP's. However, the policy is geared towards retail food establishments that serve alcohol rather than bars. This is due to the City focusing on alcohol as an accessory use, rather than a primary use, due to historic problems associated with bars in the City in previous years. Therefore, certain policy conditions would need to be waived in order to approve this CUP. Only the City Council may waive a policy condition, although it would be pertinent for the Planning Commission to make a recommendation one way or the other in the case of a waiver request. In order for the Council to waive or modify a condition, they would need to hold another public hearing after the Planning Commission makes its decision. The applicant is requesting the waiver of the following two conditions contained in City Council Policy 707 (recommended Conditions of Approval 8 & 9): • The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by 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 5 160 of 245 does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. Alcohol shall be available only in conjunction with the purchase of food. The reason for the request is because alcohol sales and consumption would be the only function of the business. Therefore, there would be no sales of food, as stated in the condition. If the Planning Commission is amenable to the waiver of the specific Conditions of Approval (No. 8 and 9), said recommendation should be part of the motion to approve (see "Options" below). Both Novo Brazil and Embarcadero Brewing were granted waivers of the same two conditions. Discussion at the Planning Commission and City Council hearings for Novo Brazil and Embarcadero Brewing included traditional concerns related to alcohol -related impacts (over -consumption, public nuisance, etc.). However, it was understood that the nature of craft beer tasting rooms was counter to traditional bars or clubs, that they catered to a different clientele (e.g. craft beer connoisseurs), and was generally more expensive, thus offsetting any potential issues. The business in question is intended to cater to the craft beer market, which has been supported by the City through recent policies involving brewery tasting rooms. However, as stated above, this establishment would not be limited to any type of alcoholic beverage other than "beer and wine", nor would it be appropriate to limit as such. Therefore, there is no guarantee that the establishment will not become a standard bar. Summary The proposed use is consistent with the General Plan due to alcohol sales for on -site consumption being a conditionally -allowed use in the Major Mixed -Use Corridor zone. The addition of alcohol sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. Conditions of approval are intended to offset potential impacts which may result from operation of the business. However, it should also be noted that the area in which the business is proposed is mostly industrial and commercial, and removed from predominantly residential areas. 6 161 of 245 Options The options available to the City Council are as follows: 1. Approve the item subject to the attached recommended findings and conditions of approval with the waiver of conditions (specific changes or omissions should be stated in the motion); or 2. Approve the item subject to the attached recommended findings and conditions of approval; or 3. Deny the item subject to findings to be made by the City Council; or 4. Continue the item in order to request additional information. In the case of approval or denial, staff will return with a resolution at a subsequent date. 7 162 of 245 RECOMMENDED FINDINGS FOR APPROVAL 2019-21 CUP — 2424 Hoover Avenue Suite 'A' 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Major Mixed -Use Corridor 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. 2. The proposed use is consistent with the General Plan and any applicable specific plan because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A bar use is consistent with the Major Mixed -Use Corridor land use designation contained in the Land Use and Community Character 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 because the building is existing and not proposed to be expanded. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would not require an expansion of the premises. Alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10 p.m. and all business staff is required to receive RBSS training. 6. Not a project per CEQA as defined in Section 15378. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. ATTACHMENT 2 8 163 of 245 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. RECOMMENDED FINDINGS FOR DENIAL 2019-21 CUP — 2424 Hoover Avenue Suite 'A' 1. The census tract is currently over -concentrated with 12 on -sale licenses, where a maximum of eight are recommended. 2. The proposed use is not deemed essential to the public necessity, as there are 10 other outlets in census tract 219 that already serve alcohol. 3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 9 164 of 245 RECOMMENDED CONDITIONS OF APPROVAL 2019-21 CUP — 2424 Hoover Avenue Suite 'A' General 1. This Conditional Use Permit authorizes the sale of alcohol for on -site consumption at a new bar located at 2424 Hoover Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-21 CUP, dated 7/25/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 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 the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued fora 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 any Conditions of Approval. Planning 6. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. ATTACHMENT 3 10 165 of 245 7. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. daily. 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 a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages shall be consumed inside the restaurant or patio area and shall not be taken off -premises. 11 166 of 245 2019-21 CUP — 2424 Hoover Avenue Suite `A'— Overhead ►`JTACE-IMENT 12 167 of 245 0 105 104 INTERSTATE 5 103 102 101 300 W. 28th IIIa 111 la 01111.1 611 A BCDE F ■■ A B 0 E F 2702 SOUTHPORT WAY 2626 SOUTHPORT WAY 11 I1�°IIIIIII11UIIIlf IIIIIII�°IIlIlI1 SOUTHPORT WAY /11 B A x 301 W. 28th 340 W. 26th A B 101 102 2700 HOOVER AVE 2602 HOOVER AVE. 110°I I I 1111 °I 11111 P 1 I l l°�°I I III 111 G ■ IIIIIIIIIIIII II I if 103 102 101 ■ 2530 SOUTHPORT WAY 7� • 4C I� III 2525 SOUTHPORT WAY n A I B 111111111E I/J H G F E 0 A JII [1111 303 W. 26th 2500 HOOVER AVE IIE l/ II111°r520 HJ,�-VAVE. r1IIIIIIIIIII /J 2OOER HOOVER AVENUE 500 MULE OF CARS WAY rm illrimm ��w Frio ‚EM utI',I. 1 L 2434 SOUTHPORT WAY 424 MILE OF CARS WAY OMEN 01111.1. ocitEM Tem 112111011 'al �� IQ.� LIN MI SOUTHPORT INDUSTRIAL / COMMERCIAL CENTER 2424 HOOVER AVE. 404 MILE OF CARS WAY NOR4I ATTACHMENT 5 13 168 of 245 H 71 CONCEPTUAL DEMO PLAN BENCH SEATING CO2/NITRO STORAGE BAR 017 INDOOR SEATING 6'6" i'6'L4G11L COOLER 6'x16' R BIRO ��EXIT GATE — ROLL-U� .. OUTDOOR SEATING T EXPOSED CONC WALL BENCH SEATING J Office I O'x9' CONCEPTUAL FLOOR PLAN SCOPE OF WORK FLOORS: EXPOSED CONC WALLS: EXPOSED CONC GYP BOARD CEILING: EXPOSED STRUCT. DRAWING LEGEND EXISTING ODOR rN)NEW DOOR ---. WINDOW — — DEMO ITEM NEW PARTITION EXISTING PARTITION APPROVED PLAN. OWNER Notice: RIWA0PM'C # 1.6CMDRAM NEtlf PROPERIIa INVAl AIDITECIS NO UN NOT BE eg mun xmu e426501 fRLY WAN PiOnICIS 'rt LC. ,4-hs./1. RIM FEW. OVER THE TAP BEER AND WINE BAR 2420 HOOVER, NATIONAL CITY CA £ MIAAIII4 ARCHITECTS 858-357-5509 DATE. 7-25-19 DATE DRAWING A-1 nx17Sheet 14 169 of 245 4 CALIFORNIA NATIONAL Gi rd l' may NCORPOFLAJ D CITY OF NATIONAL CITY — PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR A BAR (OVER THE TAP) TO BE LOCATED AT 2424 HOOVER AVENUE SUITE 'A' CASE FILE NO.: 2019-21 CUP APN: 562-340-15 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 9, 2019, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Jorge Ramirez) The applicant is proposing to open a new bar for the sale of craft beer and wine (ABC Type 42) at 2424 Hoover Avenue Suite 'A'. The suite is 1,293 square feet and the proposed alcohol sales hours are 10 a.m. to 10 p.m. Sunday through Wednesday and 10 a.m. to 12 a.m. Thursday through Saturday. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., September 9, 2019, who can be contacted at 619-336-4310 or planninq�nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION ARAMANDO VERGARA Director of Community Development ATTACHMENT 6 15 170 of 245 IJc:•rr. HaiE s..ili C r ?- 216 G G August 25, 2014 CensusTracts 2010 4%uh•: 36. az 125.02 118.02 110.01 National 117 CiIv 116.01 11102 121.01 t.• a:a Pa-.1,. 124.02 120.02 120.03 121.02 'I: e•' LDVista fn &.ty 123.02 123.03 123.04 134.11 1:45,467 0 0.375 0.75 f r . H t r 1 0 0.5 1 tae.m31_15 32:Q 7. 134.12 2 km 134.2 1.5 mi ATTACHMENT 7 Sources: Esn, HERE, DeLorme, TomTan, Intermap, increment P Corp, GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Strvey, Esri Japan, MErI, Esri Chna (Hong Kong), swisstopo, Mapmylndia OpenStreetM ap contributors, and the G IS User Corrrnunity 16 171 of 245 United States 11 Naval Station „ �t \ -- Nlo4ea. v7l �I{i 1 1i 111th 1St 111 C 14 San Grego Bay Kimball Park Chula Vista c s; ~'fl General Roca Park -1 Copyright© andr(P) 1988-2006 Microsoft Corporation andfor Its suppliers. All ri' hts reset eU Porli t s4©1990-2005 InstallShield Softw r C.orporatlon All rights reserved. Certain mapping and direction data ® 2005 NAVTEQ. All rights reserved. NAVTE and NA4 cC q1d BOARD are trademarks of'ftAW0iW 005 Tele Atlas North America, Inc .All rights reserved. Tele Atlas and Tele Atlas North America are trademarks of Tel Atlas, I Se'. - - _ - Source: Microsoft Mappoint NCPD CAU, 4/18/07 City of National City Beat 24 17 172 of 245 GEORGE RAMIREZ Over The Tap July 23, 2019 Dear Recipient: 2424 HOOVER AVENUE, SUITE A NATIONAL CITY, CA 91950 61 9.813.2141 GRR 1910@cMAIL.coM You are invited to a Community Meeting regarding my business endeavor, Over The Tap. Over The Tap will be a craft beer and wine bar located at 2424 Hoover Avenue, Suite A in National City. Following are the meeting details: August 28th, 2019 10 a.m. to 11 a.m. 2424 Hoover Avenue, Suite A National City, CA 91950 The purpose of this meeting is for me to introduce myself, provide you details about Over The Tap, and explain how I envision it benefitting our community. The meeting will also serve as an opportunity for you to voice any concerns and/or to ask any questions relating to the business. I appreciate your time and look forward to meeting you. Sincerely, GEORGE RAMIREZ ATTAC1Hg MENT 8 173 of 245 Project: Facilitator: Over the Tap Community Meeting Lizet Ramirez 133 FRS Meeting Date: Location (ol ? -`II -(z((o l August 28, 2019 2424 Hoover Ave. Suite A 174 of 245 Calilla & Son LLC, DBA Over the Tap Meeting Minutes Wednesday August 28, 2019 Present: George Ramirez, Lizet Ramirez, Gustavo Molina, Jovita Arellano, Stelle Andrade, Desiree Sellers, Kyle Carpenter and Cory LaShell 1. Presentation • George Ramirez, owner and presenter o Introduced himself and his wife Lizet Ramirez, owners of Over the Tap o Provided background information and connection to National City ■ Education, certifications and work history o Information on the of business Over the Tap will be ■ ABC License Type 42 ■ Up to 30 beers on tap • Beer and wine only ■ No food for sale but will allow outside food and sell prepacked snacks o Target Market: ■ Craft beer enthusiast or anyone looking to enjoy some of the most flavorful, innovated and sought-after beers brewed in and out of San Diego 2. Discussions and Action Items • Jovita Arellano: o Recommended owners and staff take the in -person LEAD training ■ George Ramirez has taken the online version provided by ABC ■ Action Item: George and Lizet Ramirez will take the in -person LEAD training offered at the Chula Vista Public Library. o Raised concerns regarding the outside patio ■ There is the potential to have patrons pass alcohol to minors ■ Suggested owners and staff closely monitor the outside patio ■ Action Item: Owners and Staff will closely monitor outside patio to ensure patrons do not pass any alcohol beverages to minors. Additionally, ensure no minors are loitering around the outside patio. 20 175 of 245 Calilla & Son LLC, DBA Over the Tap Meeting Minutes, Wednesday August 28, 2019 Page 2 o Raised concerns regarding the women's recovery center located in the adjacent building ■ Suggested to limit advertising specials on the premises that could entice women from the recovery center o Make sure staff does not over server patrons ■ Offer to call a taxi or ride share services for patrons that have had to much to drink o Action Item: ■ Marketing will be limited to social media and craft beer periodicals such as West Coaster ■ Owens and staff will take LEAD training to help recognize patrons that have been had too much to drink and cut them off. 21 176 of 245 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 07/30/2019 BUSINESS NAME: Over the Tap ADDRESS: 2424 Hoover Ave. Suite A, National City, CA 91950 OWNER NAME: Lizet Ramirez DOB: 10/25/1976 OWNER ADDRESS: 1121 Plaza Miraleste, Chula Vista, CA 91910 (add additional owners on page 2) I. Type of Business Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1pt) II. Hours of Operation Daytime hours (1 pt) Close by 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 Below (1 pt) Average (2 pts) Above (3 pts) Revised: 8/16 Notes: V. Tract 219 has 12 active on sale licenses. The maximum allowed is 8. VI. 9 calls for service in the last 6 months ATTACHMENT 9 22 177 of 245 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) I 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 ( l2pts or less) Medium Risk (13— 1 8pts) High Risk (19 — 24pts) Total Points 15 OWNER NAME: Jorge Ramirez DOB: 4/23/1972 OWNER ADDRESS: 1121 Plaza Miraleste, Chula Vista, CA 91910 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: W. Walters Revised: 8/16 2 of 2 Badge ID: 398 23 178 of 245 Environmental Scan for Alcohol License C.U.P. Over the Tap 2424 hoover Avenue, Ste. A, National City, CA 91950 August 12, 2019 Photo of empty building for Craft Beer Tasting and Homebrew Supply Store in National City 1 a 2019 Yahoo' ins 31NyG1 ,: , St Google Earth View of 2424 Hoover Avenue and Surrounding Area IPS SOUTH BAY A 7 A 7 to E 30 This environmental scan is for the Over the Tap tavern to be located at 2424 Hoover Avenue in National City. The applicant is applying for a Conditional Use Permit to open a craft beer and wine tavern which is a Type 42 that is limited to beer and wine sales only. The business is located east of the 5 Freeway and National City Blvd. in National City. An environmental scan was conducted on Tuesday, July 31, 2019. The business is Over the Tap which will be located in an existing industrial building with multiple suites on the corner of a commercial zone. The applicant is proposing to convert Suite A, a 1,293 square foot commercial space into a craft beer and wine tavern. The business has requested to operate seven days a week, Sunday through Wednesday from 10:00 a.m. to 10:00 p.m. and Thursday through Saturday 10:00 a.m. to 12:00 a.m. During a scan of the business and property the following was noted: The business is located in an area with other local businesses in the immediate area. Institute for Public Strategies South Bay Project is funded by the County of San Diego, Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 24 179 of 245 Youth Sensitive Areas The business is not located near any youth sensitive areas. Churches There are two churches near the area: Faith Community Church — 1603 Hoover Avenue, National City 91950 - .84 miles away from the business. Apostolic Church —1539 Roosevelt Avenue, National City 91950 - .78 miles away from the business. Outlet Density According to the ABC, eight (8) on -sale licenses are authorized for the census tract 0219.00 within the area in which 2424 Hoover Avenue is located. Currently there are twelve (12) on -sale licenses issued for the Census Tract is 0219.00. 1. Na c. gal . aha a' Inc E. IHE?I ID R A r. 7. . ~ L CP A C F 6 n 1 Z7Lh St v m -E 30th St St 1- 114a0ft Green Arrow and Red Pin Depict Applicant's Location for the Over the Tap beer and wine tavern at "2424 Hoover Avenue" in National City. Yellow Circles Depict existing alcohol outlets in applicant's census tract and other nearby census tracts Map from ABC.CA.Gov Website Showing Alcohol Outlets in National City Institute for Public Strategies South Bay Project is funded by the County of San Diego, Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www. publicstrategies.org 25 180 of 245 Census Tracts Off -Sale On -Sale Tract 0219.00 Establishment is within this tract Allowed: 4 Actual: 6 Number Above/Below Allowable: +2 Allowed: 8 Actual: 12 Above/Below: +4 Crime Rate Refer to National City Police Department for crime data. Considerations The following are considerations in case a CUP is issued: 1. Require that staff, management, and owner attend the In -Person LEAD Responsible Beverage Sales and Service training. Below is the Alcohol Beverage Control website for future trainings. https://www.tracelead.abc.ca. gov./traceleadpublic/register/screens/Avail ableClasses.aspx 2. To prevent the establishment from transforming into a night club, which could increase crime and nuisance problems, require that the restaurant always provide breakfast, lunch and dinner and have hours of operation only between 10 a.m. and 10 p.m., Monday through Sunday. 3. The establishment has an outside patio. The patio should be well supervised to avoid underage drinking, which could be a liability for the business. Institute for Public Strategies South Bay Project is funded by the County of San Diego, Health and Human Services Agency 2615 Camino del Rio So. #300 • San Diego, California, 92108 • Phone: 619.476-9100 • Fax: 619.476-9104 www,pubtiestrategies. org 26 181 of 245 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 1 of 5 PURPOSE/BACKGROUND: To streamline the process of alcohol license application review to ensure timely staff responses and/or protests to the Department of Alcoholic Beverage Control regarding these applications. The City Municipal Code requires Conditional Use Permits for the sale of alcohol. Such land use regulation is designed to ensure that the health, safety and welfare of the community does not become negatively impacted. In order to minimize any potential adverse effects of alcohol sales for both on and off -site consumption, including public drunkenness, disorderly conduct, illegal sales or domestic violence, the City adopts conditions of approvals and enact policies designed to protect the public from such effects. The following sets forth the City Council's policy on the applicable alcohol standards for Conditional Use Permit applications for both on and off -sale alcohol sales, as well as the Department of Alcoholic Beverage Control application notification requirements. POLICY: The Department of Alcoholic Beverage Control (ABC) sends copies of all alcoholic beverage license applications to the Police Department. The City has thirty days from the date of the ABC mailing to provide comments to the ABC. If no protests are received within that time period, the ABC issues the license. The Police Department is responsible for ensuring that an appropriate Conditional Use Permit (CUP) exists for the applicant business. If such a CUP exists, the copy of the application is simply filed by the Police Department in the existing file with the notation that there were no objections to the issuance of the license. If it is a new (in the case of an "original" license application) or expanding business or one seeking a license to effect a premises transfer, and no CUP exists, the Police Department is responsible for sending a letter to the ABC protesting the issuance of the license until a CUP is issued by the City. Whenever such a protest letter is sent to the ABC, that agency notifies the applicant that they must begin the process of obtaining a CUP with the City's Planning Division and that the issuance of the alcoholic beverage license will be delayed until such time as the protest is withdrawn. 27 182 of 245 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 2 of 5 Once a CUP has been issued, the Planning Division notifies the Police Department of that issuance and it is then the responsibility of the Police Department to notify the ABC that the protest is withdrawn. The CUP application, approval and issuance process is such that it provides all the checks, balances and controls necessary to ensure that businesses seeking alcoholic beverage licenses are in compliance with local standards. These conditions of approval shall apply to all new Conditional Use Permits (CUPs) for the sale of alcohol for on and/or off -site consumption and modifications of existing CUPs for such sales as specified by the preceding parenthetical references with each condition. These references specify to which type of alcohol CUP being applied for the conditions would apply to — on -sale (restaurant, bar, etc) or off -sale (market, grocery store, etc). Regulation of these conditions and allowances shall be enforced through the Conditional Use Permit process, specifically conditions of approval to read as follows: 1, (off -sale alcohol) The sale of beer or malt beverages in quantities of quarts, 22 ounce, 32 ounce, 40 ounce, or similar size containers is prohibited. 2. (off -sale alcohol) No beer products shall be sold of less than manufacturer's pre- packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 3. (off -sale alcohol) No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 4. (off -sale alcohol) Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's pre- packaged multi -unit quantities. 5. (off -sale alcohol) The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 6. (off -sale alcohol) All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. CITY OF NATIONAL CITY 28 183 of 245 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 3 of 5 7. (off -sale alcohol) Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 8. (off -sale alcohol) The display of alcoholic beverages shall be limited to an area in substantial conformance with Exhibit , Case File No. , dated 9. (off -sale alcohol) Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Division, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." "No loitering is allowed." b. 10. (off -sale alcohol) Containers of alcohol may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 11. (off -sale alcohol) Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 12. (off -sale alcohol) The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 13. (on and off -sale alcohol) All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part - CITY OF NATIONAL CITY 29 184 of 245 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 4 of 5 - of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 14. (on -sale alcohol) The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. (on -sale alcohol) Alcohol shall be available only in conjunction with the purchase of food. 16. (on -sale alcohol with patio) Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 17. (tasting rooms) The requirements that alcohol be available only with the purchase of food and that alcohol sales not exceed food sales shall not apply to tasting rooms. 18. (tasting rooms) Sales of sealed bottles or containers (commonly known as growlers) for off -site consumption of the product manufactured by the master licensee may be sold and/or consumed at this location. 19. (tasting rooms) Hours of operation of tasting rooms shall be limited to between 10:00 a.m. to 10:00 p.m. with last call being at 9:00 p.m. 20. (tasting rooms) With the submittal of a business license for a tasting room, the Police Department shall provide an ABC Risk Assessment for each business applicant that indicates whether the business is considered a low, medium, or high risk. In the event that a risk assessment for the business allocates or more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit. CITY OF NATIONAL CITY 30 185 of 245 CITY COUNCIL POLICY TITLE: Alcohol Beverage License Application Review Process POLICY and Alcohol Conditional Use Permit Standards NUMBER 707 ADOPTED: November 12, 1991 AMENDED OR REVISED: July 17, 2018 Page 5 of 5 The sale of three -packs of 24-oz cans of beer shall apply retroactively to all existing off -sale CUPs where a condition exists limiting sales to no less than six-pack quantities. However, business wishing to avail themselves of this modification must conform with all regulations of the Department of Alcoholic Beverage Control (ABC). The Council may, at its sole discretion, choose to waive or modify any of the above conditions. CITY OF NATIONAL CITY 31 186 of 245 Title: �- CALIFORNIA + NATIONAL Ct'fl CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 4 September 9, 2019 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR A BAR (OVER THE TAP) TO BE LOCATED AT 2424 HOOVER AVENUE SUITE `A' Case File No.: 2019-21 CUP Location: Southwest corner of Hoover Ave. and Mile of Cars Way Assessor's Parcel Nos.: 562-340-15 Staff report by: Chris Stanley, Assistant Planner Applicant: Jorge Ramirez Zoning designation: Major Mixed -Use Corridor (MXC-2) Adjacent use and zoning: North: Commercial / Major Mixed -Use Corridor (MXC-2) East: Commercial / Major Mixed -Use Corridor (MXC-2) South: Industrial / Light Industrial West: Commercial / Major Mixed -Use Corridor (MXC-2) Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378 Staff recommendation: Approve ATTACHMENT 10 32 187 of 245 Planning Commission Meeting of September 9, 2019 Page 2 Staff Recommendation Staff recommends approval of the on -site sale of beer and wine at a new bar "Over the Tap", subject to the attached recommended conditions. The sale of alcohol is conditionally allowed in the Major Mixed -Use Corridor zone. Staff is also recommending 10:00 a.m. to 10:00 p.m. daily as the recommended alcohol sales hours, which differs from those proposed by the applicant, but would be consistent with recent alcohol Conditional Use Permit (CUP) approvals. Executive Summary The business has applied for a CUP to sell beer and wine at a new bar (Over the Tap). The hours for the sale of beer and wine, as proposed by the applicant, are 10:00 a.m. to 10:00 p.m. Sunday through Wednesday and 10:00 a.m. to 12:00 a.m. Thursday through Saturday. A Type 42 (On -Site Sale of Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is an existing 1,292 square -foot retail space located at 2424 Hoover Avenue, which is part of a commercial development known as Southport Plaza; the bar will be the corner suite (Suite 'Al The existing commercial suites for the Southport Plaza continue east and west of Suite 'A'. Commercial uses exist north, east, and west of the property, with industrial to the south. Proposed Use The applicant is proposing to sell beer and wine at the new bar. The floor plan provided with this application shows two tables with bench seating and bar seating with 12 seats; there is also an outdoor patio with four tables and 12 seats. Proposed alcohol sales hours are from 10:00 a.m. to 10:00 p.m. Sunday through Wednesday and 10:00 a.m. to 12:00 a.m. Thursday through Saturday. No live entertainment is proposed. Analysis Section 18.30.050 of the Land Use Code allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 33 188 of 245 Planning Commission Meeting of September 9, 2019 Page 3 Mailing - All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 132 occupants and owners. Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held on Wednesday, August 28, 2019 at 10:00 a.m. at the subject site. The meeting advertisement is attached (Attachment 7). There were six community member in attendance. According to the applicant, the business model was explained to those in attendance, with the only concerns being that minors will loiter at the outdoor patio and the distance of the bar to the women's recovery center; the applicant stated the actions they will take to alleviate the concerns. The applicant will monitor the outdoor patio area to ensure no minors are loitering and in regards to the women's recovery center, the applicant will limit advertising specials that could entice women from the recovery center. The applicant also stated that the same 132 occupants and owners that were notified of the Planning Commission meeting were notified of the community meeting. Distance Requirements - Chapter 18.030.050 (D) of the National City Zoning Code requires a 660-foot distance from any public school; there are no schools within 660 feet from the site. Alcohol Sales Concentration/Location - Per Alcoholic Beverage Control, there are currently 12 on -sale licenses in this census tract (219) where a maximum of eight are recommended. For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP Eagles Lodge 1131 Roosevelt Ave. 51 N Club 13 640 Civic Center Dr. 40 N Stoney's Bar and Grill 108 W. 25th St. Ste. D-G 47 Y Pier 32 Waterfront Grill 3201 Marina Way Ste. 102 47 Y Goodies Bar & Grill 740 Bay Marina Dr. 47 Y Goody's Sushi & Grill 2424 Hoover Ave. Ste. F & P 41 Y Papa Gallo Cafe 1930 Cleveland Ave. 41 N Aunt Emma's Pancakes 214 National City Blvd. 41 N Chipotle 404 Mile of Cars Way #103 41 Y Downtown Abbey 1302 National City Blvd. 47 Y West Side Grill 1524 McKinley Ave. 47 Y 34 189 of 245 Planning Commission Meeting of September 9, 2019 Page 4 Ramada 700 National City Blvd. 47 Y * Type 40 — On -Sale Beer * Type 41 — On -Sale Beer and Wine for Bona Fide Public Eating Place * Type 47 — On -Sale General — Eating Place * Type 51 —Club The 12 existing licenses are for a club, bar, and 10 restaurants. Census tract 219 includes the area south of Division Street, north and east of the City boundary, and west of National City Boulevard. The attached census tract map shows the location of the subject tract (Attachment 6). Hours of Operation The hours of operation for the existing license holders range from 6:00 a.m. to 2:00 a.m. for the varying properties. Recent alcohol sales hours for restaurants have generally been between 10:00 a.m. and 10:00 p.m. The most recent beer only establishments (Novo Brazil in the pending public market at 8th Street and "A" Avenue, and Embarcadero Brewing on West 25th Street), were limited to being closed by 10:00 p.m. However, these CUPs have generally been superseded by the City's tasting room policy, which allows craft breweries to operate without the need for a CUP subject to City Council Policy 707. The subject facility would not be considered a brewery, but rather a bar. Institute for Public Strategies (IPS) recommends that the serving of alcohol not be permitted past 10:00 p.m. The Police Department also rates the sale of alcohol past 11:00 p.m. as a three on their rating system, which would be high risk. As such, staff is recommending alcohol sales hours of 10:00 a.m. to 10:00 p.m. daily. Conditions reflect the hours recommended by staff. Institute for Public Strategies IPS provided comments recommending that owners, management, and staff be required to attend Responsible Beverage Sales and Service (RBSS) training as well as the sale of beer and wine ceasing by 10:00 p.m. The RBSS training is a standard condition of City Council Policy 707 and is included as a condition of approval. Police Department (PD) The ABC Risk Assessment provided by PD allocated a total of 15 points, which is in the mid -range of the Medium Risk category. Medium risk is considered 13 to 18 points (see Attachment 9). 35 190 of 245 Planning Commission Meeting of September 9, 2019 Page 5 Findings for Approval The Municipal Code contains six required findings for CUPs as follows: 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 Major Mixed -Use Corridor 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. 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 General Plan. A bar use is consistent with the Major Mixed - Use Corridor land use designation contained in the Land Use and Community Character 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. The building is existing and not proposed to be expanded. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. 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 not require an expansion of the premises. Alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. 36 191 of 245 Planning Commission Meeting of September 9, 2019 Page 6 The proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10:00 p.m. and all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Not a project per (CEQA) as defined in Section 15378 The following two conditions are also included with alcohol CUPs: 7. The proposed use is deemed essential and desirable to the public convenience or necessity. In this case, the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 8. 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. Findings for Denial Due to there being other on -sale sites in the area, there are also findings for denial as follows: 1. The census tract is currently over -concentrated with 12 on -sale licenses, where a maximum of eight are recommended. 2. The proposed use is not deemed essential to the public necessity, as there are 10 other outlets in census tract 219 that already serve alcohol. 3. Based on the above finding, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 37 192 of 245 Planning Commission Meeting of September 9, 2019 Page 7 Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -sale alcohol sales per Council policy 707 (hours of operation, employee training, accessory sales, etc.). All conditions contained in Council policy 707 are typically required for new alcohol CUP's. However, the policy is geared towards retail food establishments that serve alcohol rather than bars. This is due to the City focusing on alcohol as an accessory use, rather than a primary use, due to historic problems associated with bars in the City in previous years. Therefore, certain policy conditions would need to be waived in order to approve this CUP. Only the City Council may waive a policy condition, although it would be pertinent for the Planning Commission to make a recommendation one way or the other in the case of a waiver request. In order for the Council to waive or modify a condition, they would need to hold another public hearing after the Planning Commission makes its decision. The applicant is requesting the waiver of the following two conditions: 14.The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 15. Alcohol shall be available only in conjunction with the purchase of food. The reason for the request is because alcohol sales and consumption would be the only function of the business. Therefore, there would be no sales of food, as stated in the condition. If the Planning Commission is amenable to the waiver of the specific Conditions of Approval (No. 8 and 9), said recommendation should be part of the motion to approve (see "Options" below). Both Novo Brazil and Embarcadero Brewing were granted waivers of the same two conditions. 38 193 of 245 Planning Commission Meeting of September 9, 2019 Page 8 Discussion at the Planning Commission and City Council hearings for Novo Brazil and Embarcadero Brewing included traditional concerns related to alcohol - related impacts (over -consumption, public nuisance, etc.). However, it was understood that the nature of craft beer tasting rooms was counter to traditional bars or clubs, that they catered to a different clientele (e.g. craft beer connoisseurs), and was generally more expensive, thus offsetting any potential issues. The business in question is intended to cater to the craft beer market, which has been supported by the City through recent policies involving brewery tasting rooms. However, as stated above, this establishment would not be limited to any type of alcoholic beverage other than "beer and wine", nor would it be appropriate to limit as such. Therefore, there is no guarantee that the establishment will not become a standard bar. Summary The proposed use is consistent with the General Plan due to alcohol sales for on - site consumption being a conditionally -allowed use in the Major Mixed -Use Corridor zone. The addition of alcohol sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. Conditions of approval are intended to offset potential impacts which may result from operation of the business. However, it should also be noted that the area in which the business is proposed is mostly industrial and commercial, and removed from predominantly residential areas. 39 194 of 245 Planning Commission Meeting of September 9, 2019 Page 9 Options 1. Approve 2019-21 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2019-21 CUP based on the attached finding or findings to be determined by the Planning Commission; or, 3. Continue the item to a specific date in order to obtain additional information. Attachments 1. Recommended Findings 2. Recommended Conditions of Approval 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2019-21 CUP, dated 7/25/2019) 5. Public Hearing Notice (Sent to 132 property owners & occupants) 6. Census Tract & Police Beat Maps 7. Community Meeting Advertisement / Sign -In Sheet / Minutes 8. City Council Policy 707 9. Police Department Comments 10. IPS Comments 11. Resolutions (,14-7 CHRIS STANLEY Assistant Planner ARMANVERGARA Director of Community Development 40 195 of 245 RESOLUTION NO. 2019-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR A BAR TO BE LOCATED AT 2424 HOOVER AVENUE SUITE 'A' CASE FILE NO. 2019-21 CUP APN: 562-340-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a bar located at 2424 Hoover Avenue Suite 'A' at a duly advertised public hearing held on September 9, 2019, 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. 2019-21 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, City Council Policy 707 requires that alcohol for on -site consumption only be sold in conjunction with the sale of food, and that annual alcohol sales not exceed the annual sales of food. WHEREAS, the applicant does not propose to sell food and has requested that Conditions of Approval numbers 8 and 9, which require alcohol to be accessory to food sales, be waived; and, WHEREAS, only the City Council may, at its sole discretion, choose to waive or modify any of the conditions contained in City Council Policy 707. WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 9, 2019, support the following findings: ATTACHMENT 11 196 of 245 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Major Mixed -Use Corridor 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. 2. The proposed use is consistent with the General Plan and any applicable specific plan because alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A bar use is consistent with the Major Mixed -Use Corridor land use designation contained in the Land Use and Community Character 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 because the building is existing and not proposed to be expanded. Potential development in this zone (MXC-2) was analyzed for traffic impacts during the most recent Land Use Update. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would not require an expansion of the premises. Alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use will be subject to conditions that limit the sale of beer and wine as well as the hours that it will be available; no beer or wine will be sold after 10 p.m. and all business staff is required to receive RBSS training. 6. Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because the applicant is proposing the bar as a craft beer and wine tavern in order to attract a specific market that is new to National City. 42 197 of 245 8. 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 a Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes the sale of alcohol for on -site consumption at a new bar located at 2424 Hoover Avenue. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2019-21 CUP, dated 7/25/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner shall both sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 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 the 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 any Conditions of Approval. Planning 6. All sellers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by 43 198 of 245 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. 7. The sale of alcoholic beverages shall be permitted only between the hours of 10:00 a.m. and 10:00 p.m. Sunday through Wednesday and 10:00 a.m. and 12:00 a.m. Thursday through Saturday. 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 a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgment to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. Permittee shall post signs in the patio dining area, including all exits to outdoor seating areas, indicating that alcoholic beverages shall be consumed inside the restaurant or patio area and shall not be taken off -premises. BE IT FURTHER RESOLVED that the Planning Commission, as part of this action, makes a recommendation to the City Council that conditions 8 and 9 related to accessory alcohol sales be waived; and, BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. 44 199 of 245 CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 9, 2019, by the following vote: AYES: Baca, Natividad, Yamane, Flores NAYS: Garcia, Dela Paz ABSENT: Sendt ABSTAIN: None. A,(,,,d1„,___ CHAIRPERSON 45 200 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 201 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the execution of an order of vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) (Planning) Please scroll down to view the backup material. 201 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO. ITEM TITLE: (Resolution of the City Council of the City of National City authorizing the execution of an order of vacation of a portion of alley north of East 12th Street east of National City Blvd. for installation of utilities related to an approved affordable housing project. (Applicant: AMG & Associates, LLC.) (Case File No. 2019-18 SC) PREPARED BY: Martin Reeder, AICP PHONE: 1619-336-4313 EXPLA.Fa; ,./r; On October 1, 2019 the Council considered the alley vacation request. The attached Resolution is needed to follow through on the action in the case of approval. The converse action (denial) would require staff to bring back a resolution for denial on a subsequent agenda. In that case, no action needs to be taken on the attached resolution. DEPARTMENT: iP . nnjr Division APPROVED BY FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use. ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: 'N/A ATTACHMENTS: 1. Resolution 2. Order of Vacation 202 of 2451 _J1 <1 Zf Zi 1 -Ji Q21 41 Q1 ZI 0 i ¢O 11 :ELEVENTH -- 4 _ S 1 - 110 M 15807 1 50 1 `—BLF�1 ""5 7 9 10 —Trytal- 0.87 AC Area of alleyway to be vacated co TWELVETI—I EXHIBIT "A" 139.50 1T.50 -- .• • . M15807 56 56 SEE DETAIL "A" 203 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 204 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit to allow CPR classes at 3142 East Plaza Boulevard, Suite N. (Applicant: Ruthy Puzon and Johnny Lytle) (Case File 2019-19 CUP) (Planning) Please scroll down to view the backup material. 204 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 1 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit to allow CPR classes at 3142 East Plaza Boulevard, Suite 'N'. (Applicant: Ruthy Puzon and Johnny Lytle) (Case File 2019-19 CUP) PREPARED BY: Chris Stanley DEPARTMENT: PHONE: 819-336-43811 APPROVED BY: EXPLANATION: The applicant is applying for a CUP for CPR classes in an existing 675 square -foot commercial suite. Operations will consist of nine students, as well as three staff members, and include retail uses (not a part of this CUP). Division The Planning Commission conducted a public hearing on September 9, 2019. Commissioners asked questions regarding classes, number of students, and hours of operation. The Commission voted to approve the CUP 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. ENVIRONMENTAL REVIEW: Not a project per CEQA as defined in Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: f STAFF RECOMMENDATION: Finance MIS 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: Natividad, Baca, Flores, Yamane, DelaPaz, Garcia Absent: Sendt ATTACHMENTS: 11. 2. Planning Commission Staff Report Overhead 3. Resolution No. 2019-17 4. Reduced Plan 205 of 2455 2019-19 CUP — 3142 East Plaza Boulevard Suite'N'— Overhead ATTACHMENT 1 1 \\.\ _1 ./t 3 *-CALIFORNIA :_ Item no. Title: NATIONAL CliAr �NCORpORftATE� CITY OF NATIONAL CITY - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT September 9, 2019 PUBLIC HEARING — CONDITIONAL USE PERMIT TO ALLOW CPR CLASSES AT 3142 EAST PLAZA BOULEVARD SUITE 'N' Case File No.: 2019-19 CUP Assessor's Parcel No.: 558-030-41 Staff report by: Chris Stanley, Assistant Planner Applicant: Ruthy Puzan and Johnny Lytle Property owner: KPK Partners Zoning designation: Minor Mixed -Use District (MXD-1) Adjacent land use/zoning: North: Commercial / MXD-1 East: Residential / Small Lot Residential (RS-2) South: Residential / Small Lot Residential (RS-2) West: Residential / Small Lot Residential (RS-2) Environmental review: Not a project per CEQA as defined in Section 15378 Staff Recommendation: Approve Subject to Attached Conditions ATTACHMENT 2 2 207 of 245 Planning Commission Meeting of September 9, 2019 Page 2 Staff Recommendation Staff recommends approval of a Conditional Use Permit (CUP) for CPR classes at an existing commercial development subject to attached conditions. Executive Summary The applicant is applying for a CUP to allow for CPR classes in an existing commercial suite. The class will consist of nine students. Three employees will staff the facility. The proposed hours are 9:00 a.m. to 3:00 p.m. Monday through Saturday. Site Characteristics Plaza Village Center is located on the southeast corner of South Harbison Avenue and East Plaza Boulevard in the Minor Mixed -Use District (MXD-1) zone. The project site is suite 'N', which totals 675 square feet in size. Proposed Use The applicant is proposing to conduct CPR classes in a suite that consists of a reception area, classroom, and bathroom. In addition to the CPR classes, the applicant will also operate a notary and live scan service. The proposed hours for the CPR classes are 9:00 a.m. to 3:00 p.m. Monday through Saturday. The applicant is proposing a class size of nine students. Three staff members will operate the business. Analysis Training courses are permitted in the MXD-1 zone with the issuance of a CUP. Concerns are typically related to traffic and parking. Shopping centers with multiple tenants require one parking space for every 200 square feet of floor area. For a suite of 675 square feet, three parking spaces are required (if the amount is under 50%, it is rounded down). Because the building is existing, the change of tenant would not alter the amount of required parking; the total amount of existing parking spaces for the building is 39. Findings for Approval 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. 3 208 of 245 Planning Commission Meeting of September 9, 2019 Page 3 The use is allowable within the Minor Mixed -Use District zone per a Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed use is consistent with General Plan Policy LU-5.1, to support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. 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. The site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. 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 site is an existing retail suite that will support multiple uses in order to make the most efficient use of the suite. Because the site already exists, access and utilities have already been developed. The lack of physical development assures the lack of physical constraints. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a life-saving technique. 4 209 of 245 Planning Commission Meeting of September 9, 2019 Page 4 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Not a project per CEQA as defined in Section 15378. Conditions of Approval The hours of operation will be restricted to those proposed by the applicant, 9:00 a.m. to 3:00 p.m. Monday through Saturday. An additional condition will limit the amount of students to nine. The Building Division and Fire Department had no comments in regards to the project. Summary The proposed educational use is consistent with the Land Use Code with the approval of a CUP. Commercial developments with shared parking require a single parking space for every 200 square feet of floor area. With no additions to the suite, the business would require three parking spaces, the same as another retail business that could potentially lease out the suite. 5 210 of 245 Planning Commission Meeting of September 9, 2019 Page 5 Options 1. Approve 2019-19 CUP subject to the conditions based on the attached findings or findings to be determined by the Planning Commission; or 2. Deny 2019-19 CUP based on the attached finding; findings to be determined by the Planning Commission; or, 3. Continue the item to a later date in order to obtain additional information Attachments 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Site Photos 5. Applicant's Plans (Exhibit A, Case File No. 2019-19 CUP dated 7/18/2019) 6. Public Hearing Notice (Sent to 69 property owners and occupants) 7. Resolutions U47.,- CHRIS STANLEY Assistant Planner ARMAN!WVERGARA Director of Community Development 6 211 of 245 RECOMMENDED FINDINGS FOR APPROVAL 2019-19 CUP 3142 East Plaza Boulevard Suite `N' 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Minor Mixed -Use District zone per a Conditional Use Permit. 2. The proposed use is consistent with the General Plan and any applicable specific plan because General Plan Policy LU-5.1 is to support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site is an existing retail suite that will support multiple uses in order to make the most efficient use of the suite. Because the site already exists, access and utilities have already been developed. The lack of physical development assures the lack of physical constraints. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a life-saving technique. 6. Not a project per CEQA as defined in Section 15378. 7 212 of 245 RECOMMENDED FINDING FOR DENIAL 2019-19 CUP 3142 East Plaza Boulevard Suite 'N' 1 The proposed use will have an adverse effect upon parking since up to twelve parking spaces, nine for the students and three for the staff, could be occupied by the business for long periods of time compared to a retail use that attracts a flow of traffic. 8 213 of 245 RECOMMENDED CONDITIONS OF APPROVAL 2019-19 CUP 3142 East Plaza Boulevard Suite `N' General 1. This Conditional Use Permit authorizes a CPR class within suite 'N' of the Plaza Village Center shopping center located at 3142 East Plaza Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-19 CUP, dated 7/18/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Development Services Director prior to recordation. 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 the Municipal Code. Planning 4. This permit authorizes the CPR class to operate from 9 a.m. to 3 p.m. Monday through Saturday. 5. This permit limits the class number to nine individuals. 9 214 of 245 4/21/2019 I MG_2085.J PG https://mail.google.com/mail/u/0/?tab=wm#inbox?project 10 215 of 245 4/21/2019 I MG_2086.J PG `Ittps://mail.google.com/mail/u/0/?tab=wm#inbox?projector=1 11 216 of 245 4/21/2019 Screenshot_20190418-193233_Video Player.jpg https://mail.google.com/mail/u/0/?tab=wm#inbox/KtbxLzGDdKVdXRvRsrvmSNVMvNpLWQQJwg?projector=1 &messagePartld=0.8 217 of 245 4/21/2019 Screenshot_20190418-193934Video Playerjpg https://mail.google.com/mail/u/0/?tab=wm#inbox/KtbxLzGDdKVdXRvRsrvmSNVMvNpLWQQJwg?projector=l &messagePartld=0.6 218 of 245 4/21/2019 Screenshot_20190418-193559_Video Player.jpg https://mail.google.com/mail/u/0/?tab=wm#inbox/KtbxLzGDdKVdXRvRsrvmSNVMvNpLWQQJwg?projector=1 &messagePartld=0.5 219 of 245 4/21/2019 Screenshot_20190418-194005_Video Player.jpg 15 https://mail.google.com/mail/u/0/?tab=wm#inbox/KtbxLzGDdKVdXRvRsrvmSNVMvNpLWQQJwg?projector-1 &messagePartld=0.4 220 of 245 4/21/2019 Screenshot_20190418-194026_Video Player.jpg https://mail.google.com/mail/u/0/?tab=wm#inbox?projector=1 221 of 245 4/21/2019 Screenshot_20190418-193712_Video Player.jpg https://mail.google.com/mail/u/0/?tab=wm#inbox?projector=l 222 of 245 4/21 /2019 Screenshot_20190418-194128_Video Player.jpg https://mail.google.com/mail/u/Ontab=wm#inbox?projector=1 223 of 245 CALIFORNIA -.- NATIONAL, C(I Luti '\- `NCOppORATE� � 7 l CITY OF NATIONAL CITY — PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT TO ALLOW CPR CLASSES AT 3142 EAST PLAZA BOUELVARD SUITE 'N' CASE FILE NO.: 2019-19 CUP APN: 558-030-41 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, September 9, 2019, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Ruthy Puzan and Johnny Lytle) This applicant is requesting to conduct CPR classes for up to 9 students in a 675 square -foot suite in Plaza Village Center. The proposed hours of operation are 9 a.m. to 3 p.m. Monday through Saturday. Information is available for review at the City's Planning Division, Civic Center. Members of the public are invited to comment. Written comments should be received by the Planning Division on or before 12:00 p.m., September 9, 2019, who can be contacted at 619-336-4310 or planninqanationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION ARAMANDO VERGARA Director of Community Development 19 224 of 245 RESOLUTION NO. 2019-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT TO ALLOW CPR CLASSES AT 3142 EAST PLAZA BOULEVARD SUITE `N' CASE FILE NO. 2019-19 CUP APN: 558-030-41 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit to allow CPR classes at 3142 East Plaza Boulevard Suite 'N' at a duly advertised public hearing held on September 9, 2019, at which tirne oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2019-19 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on September 9, 2019, support the following findings: 1. The proposed- use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code because the use is allowable within the Minor Mixed -Use District zone per a Conditional Use Permit. 2. The proposed use is consistent with the General 'Plan and any applicable specific plan because General Plan Policy LU-5.1 is to support, stimulate, and foster increased activity of existing businesses within the city through the establishment of mixed -use areas that will promote activity during more hours of the day. 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity because the site for the proposed use is adequate in size and shape, since the proposed use will be within an existing commercial suite within a plaza and since no expansion of the building is proposed. ATTACHMENT 3 225 of 245 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints because the site is an existing retail suite that will support multiple uses in order to make the most efficient use of the suite. Because the site already exists, access and utilities have already been developed. The lack of physical development assures the lack of physical constraints. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located because the proposed use is deemed essential and desirable to the public convenience, since it will provide a service in need in the area among members of the community seeking to gain a life-saving technique. 6. Not a project per CEQA as defined in Section 15378. BE 1T FURTHER RESOLVED that the application for the Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a CPR class within suite 'N' of the Plaza Village Center shopping center located at 3142 East Plaza Boulevard. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2019-19 CUP, dated 7/18/2019. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Division, acknowledging and accepting all conditions imposed upon the approval ,of,this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Division that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Director of Community Development prior to recordation. 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 the Municipal Code. 21 226 of 245 Planning 4. Days and hours of operation of the CPR class shall be limited to 9:00 a.m. to 9:00 p.m. Monday through Saturday. 5. Class size shall be limited to nine individuals at any time. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of September 9, 2019, by the following vote: AYES: Yamane, Natividad, Baca, Flores, Dela Paz, Garcia NAYS: None. ABSENT: Sendt ABSTAIN: None. CHAIRPERSON 22 227 of 245 CHANGE OF USE PLANS FOR: Infinity CPR 3142 East Plaza Boulevard, Suite N CODE DATA: PARKING DATA: ZONING: MXD-1 PROPERTY TOTAL: 485paces BUILDING DATA TOTAL AREA: 15,490 SQ. FT. SCHOOL STANDARD: 1/4o sf (class) LEASE AREA 679 SQ. FT. +1/3oo sf (office) OCCUPANCY: 8 (BUSINESS) CONSTRUCTION: TYPE II-B REQUIRED: t2 Spaces PROVIDED: 12 Spaces APPLICABLE CODES: C.B.G: 2ot6 GF.G: 2ot6 C.M.C.: 2016 C.EG: 2ot6 GP.G: 2016 C.EGG: 2076 C.G.B.S.C.: 2016 EGRESS: Required: 38 occupants 0.20 = 8" Clear Width Provided: 36" Clear Width INDEX OF SHEETS: SHT. SHEET NAME R 12.11 Cover, Index & Site Plan R 12.21 Floor Plan R 13.13 ADA Detalls H OCCUPANT LOAD: Space Reception Square Ft. Class. (Load Factor 146 Business t/too Classroom 437 •Educational 1/2o Allowed 2 9 Total 11 VICINITY MAP OCCUPANCY Reception 146 sgft - Occ. Load = 2 j SITE PLAN ATTACHMENT 4 ® SITE PLAN .IV I�HH�bkk:l:l 91 �I g 83 o � Leo o SIN 23 EXHIBIT: A E NO.: 2_00- 19 Cup ADA NOTES: 1. All hardware, equipment, mounting heights, accessible routes, etc. shall comply with the American's with Disabilities Act & Califomia Building Code. CITY STANDARDS: z. Contractor(s) to comply with City standards but shall not violate the standards listed in ADA and Califonria Building Code (CBC). 3. No proposed changes to the existing floor, mechanical, lighting, or plumbing plans. 0 Ln 10'-4� Ir 2 44'-9 U 7 r-oa,Y� 2 271-4" j Reception /7, )C':% Classroom 'Unisex N\ • 0 FLOOR PLAN: Proposed Layout 0 9 1 N • 24 229 of 245 CC/CDC-HA Agenda 10/1/2019 — Page 230 The following page(s) contain the backup material for Agenda Item: Facility Use Permit for OneSight Vision Clinic hosted by National City Host Lions Club beginning on Friday, November 1, 2019 through Friday, November 8, 2019 at Camacho Recreation Center located at 1810 East 22nd Street, with a request to add the OneSight Vision Clinic as a co -sponsored event, thus waiving facility rental fees of $1,200 per day for a total of $7,200, consistent with City Council Policy 802, City Support for Special Events, Activities, Programs and Services. (Community Services) Please scroll down to view the backup material. 230 of 245 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 1, 2019 AGENDA ITEM NO.: ITEM TITLE: Facility Use Permit for OneSight Vision Clinic hosted by National City Host Lions Club beginning on Friday, November 1, 2019 through Friday, November 8, 2019 at Camacho Recreation Center located at 1810 East 22nd Street, with a request to add the OneSight Vision Clinic as a co -sponsored event, thus waiving facility rental fees of $1,200 per day for a total of $7,200, consistent with City Council Policy 802, City Support for Special Events, Activities, Programs and Services. PREPARED BY: Audrey Denham PHONE: 619-336-4243 EXPLANATION: See staff report. DEPARTMENT: Community Services APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Approve OneSight Vision Clinic as a co -sponsored event, thus waiving facility rental fees of $1,200 per day for a total of $7,200, consistent with City Council Policy 802, for the OneSight Vision Clinic hosted by National City Host Lions Club on Friday, November 1, 2019 through Friday, November 8, 2019 at Camacho Recreation Center located at 1810 East 22nd Street. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Letter from National City Host Lions Club requesting to be co -sponsored 3. OneSight Vision Clinic Facility Use Application and Permit 4. City Council Policy 802 231 of 245 CALIFORNIA vcAT'IONI\L CIr,!VY oo mINCORPORATED City Council Staff Report October 1, 2019 ITEM Facility Use Permit for OneSight Vision Clinic hosted by National City Host Lions Club beginning on Friday, November 1, 2019 through Friday, November 8, 2019 at Camacho Recreation Center located at 1810 East 22nd Street, with a request to add the OneSight Vision Clinic as a co -sponsored event, thus waiving facility rental fees of $1,200 per day for a total of $7,200, consistent with City Council Policy 802, City Support for Special Events, Activities, Programs and Services. DISCUSSION The National City Host Lions Club (Lions Club) has partnered with OneSight for 13 years to provide free annual eye exams and glasses for South Bay youth from Transitional Kindergarten to 12th grade. OneSight's vision is to create a world where a lack of access to vision care is no longer a barrier to human achievement and possibility. Together, with the Lions Club, OneSight is able to provide a much needed service in the South Bay. In 13 years, the OneSight Vision Clinic has provided eye exams to over 16,000 South Bay students who are referred by school nurses. Over 87% of students tested needed eye glasses. OneSight manufactured the eye glasses and provided them to students at no cost. Data collected by the Lions Club shows that one-third of the students served by the OneSight Vision Clinic are National City students. The Lions Club sponsors the OneSight Vision Clinic by securing a location, supplying insurance, and providing funding, donations, and volunteers. The Lions Club has submitted a Facility Use Application to host the OneSight Vision Clinic in the lobby, gymnasium, classroom, and dance room at Camacho Recreation Center. The facility rental would begin Friday, November 1, 2019 and end Friday, November 8, 2019; a total of eight days and 71.5 hours. Per the City Council approved User Fee Schedule effective January 1, 2019, the facility rental fees for the Lions Club would be $100 per hour with a one-time $50 administrative processing fee. Total facility rental fees would be $7,200, an average of $900 per day. Per City Council Policy 802 (City Support for Special Events, Activities, Programs and Services) City Council may provide City support of up to $1,200 per day to non-profit special events that benefit National City residents. New non-profit applicants must apply to be considered for the City co -sponsored event list, which is reviewed annually by the 802 policy committee. The 802 policy committee meets in November and recommends new co -sponsored events for City Council approval in December. The Lions Club submitted their request for consideration to be a City co -sponsored event; however, it was submitted after the 802 policy committee meeting. 232 of 245 Since the OneSight Vision Clinic is a long standing program that directly benefits National City students and the Lions Club OneSight Vision Clinic will be considered for the co -sponsored event list in November 2019, staff are recommending that City Council approve the event as co- sponsored. RECOMMENDATION Approve OneSight Vision Clinic as a co -sponsored event, thus waiving facility rental fees of $1,200 per day for a total of $7,200, consistent with City Council Policy 802, for the OneSight Vision Clinic hosted by National City Host Lions Club on Friday, November 1, 2019 through Friday, November 8, 2019 at Camacho Recreation Center located at 1810 East 22nd Street. 233 of 245 National City 5ost Lions Club 2? O. Box986 National City, CA 91951 January 11, 2019 Ms. Audrey Denham Director, Community Services Department City of National City 1243 National City Blvd., National City, CA 91950 bear Ms. Denham, The National City Host Lions Club has sponsored the OneSight Vision Clinic in our community for the past 13 years. During that time, the City of National City has been a partner in this important work by providing space and support for the program at Camacho Gym in Las Palmas Park. We understand that your department and the Neighborhood Services Department is now considering worthy community programs for support in the coming year. Our Club, and our many community and South County volunteers, thank you for this opportunity to be considered as a City co -sponsored event. The Host Lions Club brought the OneSight Vision Program to the City in 2006. As part of the Lions Club International focus on good vision for all, it seemed to us to be a good fit for National City and other South Bay needy families who were struggling to find money in their budgets to afford eye exams and glasses for their children. Our Lions Club, a 501C4 organization, has dedicated much of our fund raising dollars and our community service outreach to this program since that time. Support by our Club and community volunteers, the professional eye specialists who come to the city for this five day clinic have provided comprehensive eye exams to over 16,000 students who were referred to the Clinic through their school nurses. Over 87 % of the students tested needed glasses. The glasses were manufactured by OneSight personnel and provided to nearly 14,000 children at no cost to their families. Although we open this program to other needy students, our data shows that National City students from our elementary and secondary schools comprise a large part of the students served by OneSight. 234 of 245 The OneSight Clinics are difficult to secure as there is a great need in many communities in the United States. Clinics are normally in large cities such as Chicago, Los Angeles, Detroit, New York, Houston and other large communities. Based on the great need here in the South County, and on the unprecedented support of our Club and the City of National City, we have been fortunate to have the promise of a yearly Clinic by our partners in the OneSight Organization. However, we could not have had this promise without the continued support of our City. The City has provided the space for the clinic at Camacho Gym in Las Palmas Park. City Departments has been instrumental in helping with the management of the facility for the 5 days o f the Clinic. City employees and elected officials have visited the program and have voiced their support for the Program, and our OneSight partners have responded with continued commitment to our Clinic. Many of our families in National City need this program to help them provided much - needed glasses for their children. These glasses will help students be successful in school, and later in life. Your support for the program in designating OneSight as a City co -sponsored event will help us continue this important program for the students of National City. Sincerely, Brian Clapper National City Host Lions Club OneSight Coordinator 235 of 245 Community Services Department 140 East 12th Street, Suite B, National City, CA 91950 Phone: (619) 336-4290 Fax: (619) 336-4292 communityservices@nationalcityca.gov www.nationalcityca.gov Facility Use. Application Applicant Information Today's D . te: Orga ization 4 , t)g 7 Email: .1% Address: 1/g/, City/State/Zip 1st Contact: 2nd Contact: 45/-4 0-97'0 ,Phone: K/9 9 Phone: / f Expected Attendance: �.0 )60 Percentage of National City Residents: ,.og. Will admission be charged? Yes Equipment Needs: # of chairs , # of banquet tables # of round tables Audio & Visual Equipment Needed Use of Stage: Yes _ No, Use of Kitchen: Yes No Use of Range/Oven: Yes — Ng( Describe services be used (e.g. caterer, DJ, band, security, etc.)? Activity/Equipment Informatio. Facility and Room Requested: � .' " Description of Activity: ,rJd i/ 4. �, No k Is this a fundraising event? Yes No X Dates and FIours Requested: Monday Tuesday Wednesday Thursday Alai/ "w1 ` Saturday 4 Sunday : 3 Date Sets -up / ry��45 �% Event Start A/ % r1l' ' -/' o %3..4 6,, I , _ eV c 7 .� ° 6 Event End Clean-up Total Flours• �i 6 / 9iA(26 Ma :5 4V/fr 1'- r- 5.4,E • 236 of 245 Insurance Requirements and Indemnification and Hold Harmless Agreement Person's requesting use of City property, facilities or personnel are required to provide Commercial General Liability insurance coverage with limits of at least $1,000,000 per occurrence/$2,000,000 aggregate. The certificate of insurance must include a separate endorsement adding as additional insureds: "The City of National City, its elected officials, officers, agents, employees and volunteers". General aggregate limits must apply solely to the location. The location must be identified with specificity on the separate endorsement. The Certificate of Insurance must be attached to this Permit. As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City Of National City and its officers, employees, agents and volunteers from and against any and all claims, demands, costs, losses, liability, or damages for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the cost of litigation, arising out of or related to the use of public property or to the activity taken under the permit by the permitee or its agents, employees or contractors. I have read and completed the above form to the best of my knowledge. This facility use permit must be signed by someone within the organization with binding authority. 2�/ Signature:f�.��' �,tC� Date:g�l' Title: 4,,,-5% l r i_re//1J Name:.©��Cj�� City Staff Use Only Received: Facility Use Application Signed Indemnification and Hold Harmless Certificate of Insurance Copy of 501(c)(3) Status v . Rental Fees Due: $ 1) g-00 Date Paid: Community Services Approval of Application and Non Profit Status: Signature: Date: Name: Title: Risk Manager Approval of Insurance Certificate: Signature: Date: Name: Title: 237 of 245 Permit MLK 140 E,12th Street National City, CA 91950 PHONE:(619) 336-4290 FAX:(619) 336-4292 EMAIL: Communityselvices@nationalcityca.gov to,,c QNAlbt ry �" �OQARroP�io J Permit # R27 Status Approved Date Aug 27, 2019 2:06 PM Organization Name National City Host Lions Club - 24 Customer Type Non -Profit Organization Address 113 N Belmont Ave National City, CA 91950 Agent Name Brian Clapper System User JuanttaC Organization Phone 1 (619) 962-9950 Number Primary Phone Number Email Address (619) 962-9950 bclapper51@gmall.com Rental Fee Discounts Subtotal Deposits Deposit Discounts Total Permit Fee Total Payment Refunds Balance $7,200,00 $0,00 $7,200.00 $0,00 $0.00 $7,200.00 $0.00 $0.00 $7,200.00 One Sight Eye Clinic Booking Summary Classroom (Special Event) 2 resource(s) 16 booking(s) Subtotal: $7,200.00 Center: Camacho START DATE I START TIME I END DATE I END TIME I ATTENDEE I AMT W/O TAX Nov 1, 2019 Nov 2, 2019 Nov 3, 2019 Nov 4, 2019 Nov 5, 2019 Nov 6, 2019 Nov 7, 2019 Nov 8, 2019 Resource level fees Dance Room (Special Events 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM Nov 1, 2019 Nov 2, 2019 Nov 3, 2019 Nov 4, 2019 Nov 5, 2019 Nov 6, 2019 Nov 7, 2019 Nov 8, 2019 3:30 PM 2:00 PM 12:00 PM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 1 1 1 1 1 1 1 1 $400.00 $325.00 $225.00 $525.00 $525.00 $525.00 $525.00 $525,00 $50,00 Center: Camacho START DATE E START TIME j END DATE I END TIME I ATTENDEE I AMT W/O TAX 238 of 245 Nov 1, 2019 Nov 2, 2019 Nov 3, 2019 Nov 4, 2019 Nov 5, 2019 Nov 6, 2019 Nov7,2019 Nov 8, 2019 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM 7:30 AM Nov 1, 2019 Nov 2, 2019 Nov 3, 2019 Nov 4, 2019 Nov 5, 2019 Nov 6, 2019 Nov 7, 2019 Nov 8, 2019 3:30 PM 2:00 PM 12:00 PM 6:00 PM 6:00 PM 6:00 PM 6:00 PM 6:00 PM $400.00 $325.00 $225.00 $525.00 $525.00 $525.00 $525.00 $525.00 Payment Schedules • DUE DATE AMOUNT DUE Original Balance: $7,200.00 Current Balance: $7,200.00 AMOUNT PAID 1 WITHDRAWAL ADJUSTMENT I BALANCE Aug 28, 2019 $7,200.00 $0.00 $0.00 $7,200.00 X: Date: X: Date: MLK National City Host Lions Club Mailing Address:140 E.12th Street, National City, CA Customer Type: Non -Profit 91950 Customer ID: 759 Phone Number: (619) 336-4290 Mailing Address:113 N Belmont Ave, National City, CA Fax Number: (619) 336-4292 91950 Email Address: CommunityservIces@nationalcityca.gov Organization Phone 1 Number: (619) 962-9950 Authorized Agent Name: Brian Clapper Primary Phone Number: (619) 962-9950 Email Address: bclapper5l@gmail.com 239 of 245 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 BACKGROUND: The Council recognizes that special events are a lifestyle that defines National City's history and makes our City unique. However, City Council is also concerned with the increasing cost of City support of special events, examples of which are concerts, festivals, parades and sporting events which take place at City parks and facilities or in City streets and rights -of -way. The Council notes that City support of special events, be it police traffic service, fire standby service or other support, is not specifically budgeted and is provided through reductions in the level of service for budgeted programs. DEFINITIONS: 1. "SPECIAL EVENT" as defined in Municipal Code Section 15.60.005 means any organized activity conducted for a common or collective purpose, use or benefit which involves the utilization of, or has an impact upon, public property or facilities and the need for providing municipal and public safety services in response to the event. Examples of Special Events include, but are not limited to: a. Parades b. Public concerts and other community cultural events c. Demonstrations d. Circuses e. Fairs and festivals f. Community or neighborhood block parties and street dances g. Mass participation sports (marathons, bicycles races and tours) h. Film making activities i. Public speaker events 2. "CITY SUPPORT" means any City services required to maintain minimal interference and inconvenience to the general public resulting from a Special Event. City Support includes, but is not limited to: a. Special Event permit processing b. Police services c. Sanitation and cleanup d. Maintaining access for emergency vehicles and provision of medical care e. Street closures f. Use of City Stage, PA equipment and/or Information Trailer Page 1 of 6 240 of 245 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 City Support does not include internal security, crowd control and other services considered the responsibility of the Special Event Sponsor. 3. "NON PROFIT" means a non-profit tax exempt organization (501(c)(3)) that is exempted from payment of income taxes by federal or state law and which has been in existence for a minimum of six (6) months preceding the date of application for a special event. 4. "PUBLIC FACILITY" means any property, building, or public access (street, park, theater, etc.) that lies within the City and which is owned or operated by the City for public benefit or usage. 5. "EVENT ORGANIZER" means any person, group, or corporation assuming responsibility for planning, promoting, and carrying out a Special Event. 6. "CITY MANAGER" means the City Manager or designee. 7. "CITY CO -SPONSORED EVENT" is defined as an annual event that occurs within the boundaries of National City. The co -sponsoring agency must be a National City non-profit or branch thereof and the event must benefit National City and its residents. Applications must be submitted as a special event application to the Neighborhood Services Department, deadlines are noted annually. The current City co-sponsorship events list (Attachment A) are considered grandfathered and will not need to apply annually for approval. 8. "CITY SPONSORED EVENT" is defined as an annual community -wide event that is planned and managed by one or more City departments. The current City sponsored events list (Attachment "B") are considered grandfathered and will not need to apply annually for approval. These events will not require a secondary City Council approval through the TUP or Special Event process. City Staff will process event applications and City Council will be updated of these events annually and or on a quarterly basis. PURPOSE: It is the purpose of this policy to provide guidelines for the support of special events, consistent with the least possible disruption to normal City services. POLICY: A. Co -Sponsored Events It is the policy of the City Council that: Page 2 of 6 241 of 245 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 1. To the extent that economic conditions and the City's resources allow, the City manager upon City Council notification, may provide reasonable City support of up to $1,200 per event clay to non-profit special events that benefit National City residents, are held wholly within City limits, and which are listed in Attachment A and are considered to be City co -sponsored annual events. 2. Any new non-profit applicant (not on Attachment A) requesting co-sponsorship must apply to be considered for the City co -sponsored event list which will be reviewed annually by the 802 policy committee. The 802 policy committee will recommend changes to the co-sponsorcd event list only when required on an annual basis (per Section 7 of Definitions- page 2). As a City co -sponsored event, organizations shall prominently place the City's logo in all advertising materials promoting the event and provide space for the City to set up an information booth, per the City Council's discretion. 3. Any new Special Event or TUP applicant not currently on the approved co- sponsored list and requesting fee waivers, may only be considered to have fees waived up to the maximum level of $500 per event day. Attachments "A" and "B" are the current list of approved co -sponsored and sponsored events respectively. Any new events considering co-sponsorship must apply through the annual process. B. Sponsored Events It is the policy of the City Council that to the extent economic conditions and the City's resource allow, National City will sponsor and provide community -wide annual events which are listed in Attachment B. Event fees that are incurred by City departments will be charged against an account designed for that purpose. The City Manager shall notify the City Council of upcoming events on a quarterly basis. C. Other Events, Activities, Programs and Services It is the policy of the City Council that: 1. To the extent that economic conditions and the City's resources allow, the City Manager may provide City support for a special event conducted by a non-profit organization. City support would be Limited to a waiver of permit processing fees and the event must benefit National City residents. Examples include an event where there is insufficient time for Council approval, such as in the event of a catastrophe or an emergency situation. The City Manager shall notify the City Council of any such support on a monthly basis. 2. The City Manager shall charge City costs for any special event of a commercial nature; also, the City Manager shall require organizers of commercial special Page 3 of 6 242 of 245 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 events to pay the City a negotiated percentage of gross revenues of a flat fee. Such revenues will be deposited into the City's General Fund. 3. Proceeds from a special event of a commercial nature that benefits a local non- profit organization, snail show proof of donation within 10 business days. Such proof shall be submitted to the City's Finance Department (Revenue & Recovery). Failure to provide proof of donation will result in loss of deposit and may jeopardize future use of City facilities. 4. To the extent economic conditions and the City's resources allow, one-time funding support may be authorized in support of a program, service or activity, other than a special event, when found by the City Council to be of benefit to the community or the City. a. Requests must include a specific purpose for the funding (i.e. to pay, in whole or in part, for the purchase or rental of specific supplies or equipment). b. Payments will be processed by the Department of Finance upon receipt of documentation of allowable incurred expenses, in a format prescribed by the Director of Finance. D. El Toyon Park The use of El Toyon Park for special events is prohibited. E. Use of Mobile Stage The mobile stage shall be used only on. City parklands, and/or other public property within the limits of National City. Regular use that is approved annually includes starred events on Attachments "A" and "B". Any events outside this purview and requesting use of the City stage must apply through the special event process. The USER of the stage shall be responsible for any damage to the unit resulting from carelessness or misuse. RELATED POLICY REFERENCES: City Council Policy # 704 — Limitation on City Approved Special Events within the City City Council Policy # 801 — Field and Facility Rules and Regulations Page 4 of 6 243 of 245 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 ATTACHMENT 'A' NATIONAL CITY CO -SPONSORED EVENTS Event Title Organizer Sweetwater Kiwanis Carnival Sweetwater Kiwanis Club Granger Jr. High Cultural Fair* Granger Jr. High Job Fair N.C. Chamber of Commerce July 4th Carnival* National City Host Lions Club Mabuhay Festival Mabuhay Festival Auto Heritage Days* N.C. Chamber of Commerce Relay for Life* American Cancer Society Salute to Navy N.C. Chamber of Commerce Maytime Band Review Maytime Band Association Sweetwater High Homecoming Sweetwater High School Community Concert Band Series N.C. Community Concert Band (up to 4 concerts annually/per year) Spirit of the Holidays N.C. College Campus Lions Christmas in July Clean -Ups Christmas in July *Indicates use of City Mobile Stage Note: Co -sponsored events that reoccur on the same date, or weekend, each year will maintain date if the special event permit application is received within five months of the recurring event month application deadline, other interested parties will be able to apply. Events scheduled on as the 13, 2'' 3', 4'', or 5u weekend of a month) will be defined by the first date of the event is Page 5 of 6 Timing March Spring Spring July June August August October October Fall Quarterly December Various "first rights" to their date. After the five - recurring weekends (such open to the public. 244 of 245 TITLE: City Support for Special Events, Activities, Programs and Services POLICY 802 ADOPTED: October 3, 2006 AMENDED: January 17, 2017 ATTACHMENT `B' NATIONAL CITY SPONSORED EVENTS Event Title Organizer Tirning Movies in the Park Community Services Summer Miss. National City Pageant* Community Services July National Night Out Police, Community Services, FFA August 9/11 Remembrance Ceremony Fire September State of the City Mayor's Office Fall Tower of Terror* Fire, Community Services October Veteran's Day Community Services November Christmas Tree Lighting Community Services December Community Service Day Community Services April National City Public Safety Fair Police, Fire April *Indicates use of City Mobile Stage Page 6 of 6 245 of 245