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Draft Agenda Packet - 05-19-2020 CC HA Agenda
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI7ny INCORPORATED ALEJANDRA SOTELO-SOLIS Mayor MONA RIOS Vice Mayor JERRY CANO Councilmember RON MORRISON Councilmember GONZALO QUINTERO 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, MAY 19, 2020 - 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 122 CC/CDC-HA Agenda 5/19/2020 — 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 122 CC/CDC-HA Agenda 5/19/2020 — 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. National City Celebrates National Public Works Week May 17 - 23, 2020 2. National City Proclaims Fair Housing Month AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 3. 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) 4. Resolution of the City Council of the City of National City, authorizing the appropriation of $40,031.14 in the ADA Improvements account from revenues received through SB-1186 — License Fee and Use for Construction -Related Accessibility to fund activities or programs that facilitate accessibility compliance. (Engineering/Public Works) 5. Resolution of the City Council of the City of National City: 1) ratifying the City Manager's declaration of emergency for the 2424 Granger Avenue sink hole repairs; and 2) waiving of competitive bidding procedures under emergency conditions consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and 3 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 4 Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code contracting per the emergency contracting procedure. (Engineering/Public Works) 6. Resolution of the City Council of the City of National City: 1) ratifying the City Manager's declaration of emergency for the 1415 Earle Drive sink hole repairs; and 2) waiving of competitive bidding procedures under emergency conditions consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code contracting per the emergency contracting procedure. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Metropolitan Transit System (MTS) and the City of National City regarding bus shelter and bus bench advertising. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City amending City Council Policy No.107 by adding Sections F and G regarding non-resident appointed board members. (City Attorney) 9. National City Sales Tax Update Newsletter — Fourth Quarter 2019. (Finance) 10. Investment transactions for the month ended February 29, 2020. (Finance) 11. Warrant Register #40 for the period of 3/25/20 through 3/31/20 in the amount of $65,490.00. (Finance) 12. Warrant Register #41 for the period of 4/1/20 through 4/7/20 in the amount of $4,018,407.45. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 13. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Section 18.30.320 (Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals) of Title 18 (Zoning) of the National City Municipal Code. (Applicant: City -Initiated) (Case File No. 2019-14 A) (Planning) 14. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City adding National City Municipal Code Section 9.60 to regulate commercial cannabis. (City Manager) 4 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 5 15. Public Hearing and Adoption of an Ordinance of the City Council of the City of National City Establishing Local Campaign Contribution Limits. (City Clerk and City Attorney) NON CONSENT RESOLUTIONS NEW BUSINESS 16. Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for the on -site sale of beer and wine at a proposed restaurant (Bonchon) located at 1420 East Plaza Blvd., Suite 'D-04'. (Applicant: Hosik Bang & Hyeonyee Lee) (Case File No. 2020-03 CUP) (Planning) 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 17. COVID-19 Update. (City Manager) 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 - June 2, 2020 - 6:00 p.m. - Council Chambers - National City, California. City Council Legislative Recess: July 7, 2020 - City Council Meeting - Dispensed With July 21, 2020 - City Council Meeting - Dispensed With 5 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 6 The following page(s) contain the backup material for Agenda Item: National City Celebrates National Public Works Week May 17 - 23, 2020 Please scroll down to view the backup material. 6 of 122 Item # 05/19/20 National City Celebrates National Public Works Week May 17 - 23, 2020 (Engineering/Public Works) 7 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 8 The following page(s) contain the backup material for Agenda Item: National City Proclaims Fair Housing Month Please scroll down to view the backup material. 8 of 122 Item # 05/19/20 National City Proclaims Fair Housing Month 9 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 10 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances 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. 10 of 122 Item # 05/19/20 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) 11 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 12 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, authorizing the appropriation of $40,031.14 in the ADA Improvements account from revenues received through SB-1186 — License Fee and Use for Construction -Related Accessibility to fund activities or programs that facilitate accessibility compliance. (Engineering/Public Works) Please scroll down to view the backup material. 12 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: Imay 19, 2020 AGENDA ITEM NO. ITEM TITLE: 1Resolution of the City Council of the City of National City, authorizing the appropriation of $40,031.14 in the ADA Improvements account from revenues received through SB-1186 — License Fee and Use for Construction - Related Accessibility to fund activities or programs that facilitate accessibility compliance. PREPARED BY: Jose Lopez, Depity Engineer PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: IEngi APPROVED BY: g/Public Works FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. I APPROVED: lExpenditure Account: 001-409-500-498-6574 (ADA Improvements) - $40,031.14 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the appropriation of $40,031.14 in the ADA Improvements account from revenues received through SB-1186 to fund activities or programs that facilitate accessibility compliance. BOARD / COMMISSION RECOMMENDATION: N/A1 ATTACHMENTS: 1. 'Explanation w/ Exhibit 2. Resolutions 1,3 ul IGZ Explanation On September 19, 2012, Governor Brown signed into law SB-1186. This law became effective January 1, 2013. The City started collecting Disability Access revenues in FY13 in compliance with SB-1186. The SB-1186 fee is applied to the sale of business licenses and renewals as follows: • January 1, 2013 through December 31, 2017, a one -dollar ($1) additional fee to be paid by any applicant for a local business license, permit or similar instrument when it is issued or renewed. The fee is divided between the local entity that collected the funds, which retains 70 percent, and Department of State Architect (DSA), which receives 30 percent. • January 1, 2018 through December 31, 2023, a four -dollar ($4) additional fee is to be paid by any applicant for a local business license, permit or similar instrument when it is issued or renewed. If no such instrument exists, the fee is to be paid by an applicant for a building permit. The fee is divided between the local entity that collected the funds, which retains 90 percent, and DSA, which receives 10 percent. • On and after January 1, 2024, the fees and requirements remain in effect but the amount will reduce to one -dollar ($1). The city, county, or city and county will retain 70 percent of the fees collected and submit 30 percent to DSA. As of June 30, 2019, the city has collected a total of $40,031.14. Here is a summary of SB- 1186 Disability Access revenues collected by fiscal year: • FY19 • FY18 FY17 • FY16 • FY15 • FY14 • FY13 $15,398.06 $12,969.80 $2,559.60 $1,535.40 $3,325.50 $1,513.38 $2,729,40 The purpose of the fee is to increase disability access and compliance with construction - related accessibility requirements at businesses and facilities that are open to the public. If this resolution is adopted, staff will be appropriating the funds to further advance the City's ADA Transition Plan efforts in the form of sidewalk and pedestrian ramps citywide consistent with SB-1186. In FY 2020, through grant funded projects and PW staff efforts, approximately 13,200 square feet of sidewalk was replaced, and 101 pedestrian ramps were upgraded to the latest ADA standard (see attached Exhibit). Staff recommends that the City Council adopts the resolution authorizing the appropriation of $40,031.14 in the ADA Improvements account from revenues received through SB-1186 to fund additional sidewalk and pedestrian ramp upgrades that facilitate accessibility compliance. 14 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 15 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) ratifying the City Manager's declaration of emergency for the 2424 Granger Avenue sink hole repairs; and 2) waiving of competitive bidding procedures under emergency conditions consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code contracting per the emergency contracting procedure. (Engineering/Public Works) Please scroll down to view the backup material. 15 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) Ratifying the City Manager's declaration of emergency for the 2424 Granger Avenue sink hole repairs; and 2) waiving of competitive bidding procedures under emergency conditions consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the ational City Municipal Code contracting per the emergency contracting procedure. PREPARED BY: Jose Lope puty City Engineer DEPARTMENT: Engineeri g/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS Funds are available in account # 001-409-500-598-7049 (Storm Drain Improvements) 1 ENVIRONMENTAL REVIEW: Statutorily Exempt under Public Resources Code § 21080, and 14 CCR § 15269 (b). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution ratifying the declaration of emergency for the 2424 Granger Avenue sink hole repair, and waiving of competitive bidding procedures under emergency conditions. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Declaration of Emergency Letter from City Manager 3. Resolution 1 16 of 1221 Explanation On Monday, April 13, 2020, Public Works was notified of a sinkhole that had formed at 2424 Granger Avenue. The City has a storm drain easement on the property over a public 18 inch Corrugated Metal Pipe (CMP) within the residential lot. Public Works Crews quickly responded and secured the site and surveyed the situation. The sinkhole is about 12 feet in diameter and about 6 feet deep. On April 13th, based on the recommendation of the Deputy City Engineer, the City Manager declared this work as an "emergency," consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code. Staff contacted MJC Construction, a contractor currently listed on the City's qualified contractor list, for informal bidding. Staff has been coordinating with the contractor to mobilize as soon as possible to address the repairs. The contractor will mobilize for construction the week of May 4th. The repair work is expected to be completed by May 18, 2020. At this time, the not--to-exceed estimate to complete the emergency work is $35,000. Staff also requests that City Council ratify the City Manager's declaration of emergency and waiving of competitive bidding procedures, as provided under emergency contracting procedures. 17 of 122 CALIFORNIA NATIONAL CITir 1 .0)`0' j INCORPORATi3D Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950 Phone: (619) 336-4380 Fax: (619) 336-4397 April 13, 2020 Brad Raulston, City Manager RE: REQUEST FOR EMERGENCY SERVICES — 2424 GRANGER AVENUE SINKHOLE REPAIR Dear Brad, On Monday, April 13, 2020 Public Works was notified of a sinkhole that had formed at 2424 Granger Avenue. The City has a storm drain easement on the property over a public 18 inch Corrugated Metal Pipe (CMP) within the residential lot. Public Works Crews quickly responded and secured the site and surveyed the situation. The sinkhole is about 12 feet in diameter and about 6 feet deep. The sinkhole is an imminent threat to public health and safety. I recommend that you declare this work as an "emergency," consistent with Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code. Our department will be working with all other present utilities and the resident to perform this repair as safe and as quickly as possible given the Covid-19 situation. Staff will solicit quotes for the emergency construction services necessary to repair the failed CMP and surrounding areas. We will keep you informed of the progress. Sincerely, I, Brad Raulston, hereby declare the repair efforts for 2424 Granger Avenue Sinkhole as emergency work. ad-Iaulston City Manager cc: City Attorney 18 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 19 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) ratifying the City Manager's declaration of emergency for the 1415 Earle Drive sink hole repairs; and 2) waiving of competitive bidding procedures under emergency conditions consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City Municipal Code contracting per the emergency contracting procedure. (Engineering/Public Works) Please scroll down to view the backup material. 19 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City: 1) Ratifying the City Manager's declaration of emergency for the 1415 Earle Drive sink hole repairs; and 2) waiving of competitive bidding procedures under emergency conditions consistent with Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Chapter 2.62 "Alternative Bid Procedures for Public Projects," Section 2.62.070 "Emergencies" of the National City(lunicipal Code contracting per the emergency contracting procedure. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. ty City Engineer DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: !Funds are available in account # 001-409-500-598-7049 (Storm Drain Improvements) ! ENVIRONMENTAL REVIEW: Statutorily Exempt under Public Resources Code § 21080, and 14 CCR § 15269 (b). ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution ratifying the declaration of emergency for the 1415 Earle Drive sink hole repair, and waiving of competitive bidding procedures under emergency conditions. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Declaration of Emergency Letter from City Manager 3. Resolution GU UI IGC] Explanation On Tuesday, April 7, 2020, Public Works was notified of a sinkhole that had formed at 1415 Earle Drive. The City has a storm drain easement on the property over a public 72 inch Corrugated Metal Pipe (CMP) within the residential lot. City Public Works Crews quickly responded and secured the site and surveyed the situation. The sinkhole was approximately 9 feet in diameter and 7 feet deep. On April 7th, based on the recommendation of the Deputy City Engineer, the City Manager declared this work as an "emergency," consistent with the provisions included in Section 22050 "Emergency Contracting Procedures" of the California Public Contract Code and Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code. Staff contacted MJC Construction, a contractor currently listed on the City's qualified contractor list, for informal bidding. On April 10th, MJC Construction began the repair work on Earle Avenue. The repair work was completed on April 28th, 2020. At this time, the not -to -exceed estimate to complete the emergency work is $95,000. Staff also requests that City Council ratify the City Manager's declaration of emergency and waiving of competitive bidding procedures, as provided under emergency contracting procedures. 21 of 122 CALIFORNIA WL` IONAL ant a.:1tv Engineering & Public Works Department 1243 National City Boulevard, National City, CA 91950 Phone: (619) 336-4380 Fax: (619) 336-4397 April 7, 2020 Brad Raulston, City Manager RE: REQUEST FOR EMERGENCY SERVICES — 1425 EARLE DRIVE SINKHOLE REPAIR Dear Brad, • On Tuesday April 7, 2020 Public Works was notified of a sinkhole that had formed at 1415 Earle Drive. The City has a storm drain easement on the property over a public 72 inch Corrugated Metal Pipe (CMP) within the residential lot. Public Works Crews quickly responded and secured the site and surveyed the situation. The sinkhole is about 9 feet in diameter and about 7 feet deep. The sinkhole is an imminent threat to public health and safety. I recommend that you declare this work as an "emergency," consistent with Section 2.60.230 "Emergency Purchases -Emergency Defined" of the National City Municipal Code. Our department will be working with all other present utilities and the resident to perform this repair as safe and as quickly as possible given the Covid-19 situation. Staff will solicit quotes for the emergency construction services necessary to repair the failed CMP and surrounding areas. We will keep you informed of the progress. I, Brad Raulston, hereby declare the cc: Cry Attorney the Rachael . venue Sinkhole as emergency work. City Manager 22 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 23 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum of Understanding (MOU) between the San Diego Metropolitan Transit System (MTS) and the City of National City regarding bus shelter and bus bench advertising. (Engineering/Public Works) Please scroll down to view the backup material. 23 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Memorandum Of Understanding (MOU) between the San Diego Metropolitan Transit System (MTS) and the City of National City regarding bus shelter and bus bench advertising. PREPARED BY: Luca Zappiello, Assistant Engineer - Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engine- in• ,� ubl. Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A 1 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the Mayor to execute an MOU between MTS and the City of National City BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Memorandum Of Understanding (MOU) 3. Resolution 9d of 199 i EXPLANATION The San Diego Metropolitan Transit System (MTS) is the statutorily designated public transit provider for the portion of San Diego County that includes the City of National City (City). MTS desires to enter into a 10 year Memorandum Of Understanding (MOU) with the City of National City (City) in order to install shelters and benches within the public - right -of -way at no cost to the City. It should be noted that the City had a previous MOU with MTS that expired in 2004. Since then, MTS has continued to work with the City to install shelters and benches within the City's public -right-of-way. At this time, MTS desires to formally acknowledge their cooperative agreement regarding bus stop improvements within the City. This new MOU provides the criteria for locating transit shelters and transit bus benches, among other things. It also establishes the City as final authority to approve or deny the installation of any shelter or bus bench and remove or relocate any shelter or bus bench at no cost to the City. The advertising policy and permissible signage are regulated under the MTS Policy No. 21 titled "MTS revenue -generating display advertising, concessions, and merchandise" (see attachment "A"). All maintenance for every shelter of each is the sole responsibility of MTS. The revenue generated from MTS advertising contracts is intended to fund the purchase of new transit shelters and benches as well as to fund services within MTS's jurisdiction. Staff recommends Council adopt the resolution authorizing the Mayor to execute the MOU between MTS and the City of National City. 25 of 122 1255 Imperial Avenue, Suite 1000 San Diego, CA 92101-7490 (619) 231-1466 • FAX (619) 234-3407 SUBJECT: PURPOSE: Metropoiti an Transit System Policies and Procedures No. 21 Board Approval: 4/12/2018 MTS REVENUE -GENERATING DISPLAY ADVERTISING, CONCESSIONS, AND MERCHANDISE To establish a policy and guidelines concerning a revenue -generating advertising, concessions, and merchandise program encompassing trolley stations, San Diego Metropolitan Transit System (MTS) property and facilities, and selected printed materials. Advertising on bus shelters and benches within the public rights -of -way shall be governed by the policies of the applicable jurisdiction. The City of San Diego policy is included as Attachment A. BACKGROUND: Public transit operators and administration agencies have historically utilized advertising, concessions, and merchandising programs to supplement operational and capital funds. A sound advertising and concessions program can be a viable, alternative income source while promoting transit use and ensuring rider convenience and safety. This policy advances the advertising program's revenue -generating objective while also prohibiting advertisements that could detract from that goal, such as by harming advertisement sales, reducing ridership or tarnishing's MTS's reputation. MTS's justifications for its advertising program and policy include: 1) Generating advertising revenue; 2) Increasing ridership by promoting MTS's services, programs and benefits; 3) Informing MTS riders of local, state or federal programs, services or benefits; 4) Preserving ridership by avoiding controversial content; 5) Preventing the risk of imposing controversial views on a captive audience; 6) Preserving the marketing potential of the advertising space by avoiding controversial content; 7) Maintaining a position of neutrality on matters of public debate; and 8) Reducing the risk of diversion of resources from transit operations that are caused by controversial content. r 1255 Imperial Avenue, Suite 1000, San Diego, CA 92101-7490 (619) 231-14613 • www.sdmts.com e ~ Metropolitan Transit System (MTS) Is a California public agency comprised of San Diego Transit Corp., San Diego Trolley, Inc. and San Diego and Arizona Eastern Railway Company (nonprofit public benefit corporations). MTS is the taxicab administrator for seven cities. MTS member agencies Include the cities of Chula vlsla, Goronudo, El Cajor�p f{ (�i,���sI,�on rve, Nahanni City, Poway, San Diego, Santee, and the County of San Diego. 26 of 122 POLICY: It is the policy of MTS that advertising spaces on MTS property, which includes the exterior and interior of buses and light rail vehicles (LRVs), bus benches, bus shelters, related transportation facilities and selective printed materials, shall constitute a non- public forum subject to uniform viewpoint -neutral restrictions. This policy has been drafted to ensure a non-public forum status on its advertising spaces and MTS staff will accordingly enforce this policy with that intention. The following guidelines will be reviewed by staff to reflect the current policies of the MTS Board of Directors and to reflect changes in the trends of social and economic acceptance and appropriateness of various forms of advertising and concessions. 21.1 Advertising - Procedure 21.1.1 Safety, rider convenience, and information needs will take precedence over revenue generation. 21.1.2 Quantity, quality, and placement of all advertising will be controlled by and subject to the specific approval of MTS. 21.1.3 MTS reserves the right to reject any advertisement that does not meet the MTS Board of Director's standards as set forth in this policy. 21.1.4 Upon written demand by the Chief Executive Officer on stated grounds that shall be reasonable, any advertisement or other display deemed to be noncompliant with this policy shall immediately be removed. No refund shalt be made for the time such objectionable material was on display. 21.1.5 MTS reserves the right to allow exceptions to the policy if MTS determines that application of the policy as written would likely be unconstitutional in any particular situation. 21.2 Advertising - Permitted Content The subject matter for all advertising materials displayed on MTS property shall be limited to Commercial Speech. Commercial Speech is speech that: does no more than propose a commercial transaction; or is an expression related solely to the economic interests of the speaker and its audience (e.g. promotes for sale, lease or other financial benefit a product, service, event or other property interest). Notwithstanding the above general rule requiring Commercial Speech, the following content are allowed: 21.2.1 MTS Operations Advertising that promotes MTS transit services, programs or products, including co -sponsorships with third parties that would increase ridership or otherwise support MTS's mission. 21.2.2 Public Service Advertisements from Local, State or Federal Governmental Agencies regarding public programs, public services and public events that are not otherwise prohibited under this Policy. EXHIBIT A 27 of 122 21.3 Advertising — Prohibited Content No advertisement will be permitted that in whole or in part: a. intends to demean or disparage any individual, group, company, product or institution; b. contains false, deceptive or grossly misleading information; c. expresses or advocates an opinion, position or viewpoint on matters of public debate about economic, political, religious, social or moral issues; d. directly or indirectly refers to religion; e. is of a political or electoral nature; f. portrays, solicits or condones acts of violence, murder, sedition, terrorism, vandalism, or other unlawful acts against any individual, group, animal, company or institution; g• depicts nudity or portions of nudity that would be considered as pornographic, erotic or obscene. The rule of "public acceptance" should be used in such cases (Le., if the advertisement has already gained public acceptance, then it may be considered as acceptable to MTS); h. contains messages or graphic representations of adult entertainment, such as escort services, adult telephone services, adult Internet sites and other adult entertainment establishments; contains messages or graphic representations describing or suggesting explicit sexual acts, sexual organs, or excrement where such statements or words have as their purpose or effect of sexual arousal, gratification, or affront; promotes the use or ingestion of or offers in commerce the sale of alcohol, marijuana, tobacco, electronic smoking product or any other device that causes smoke, mist or vapor, firearms, or firearm related products; k. condones any type of discrimination; contains profane language and/or appearance or suggestion of profane language; m. contains any material that is an infringement of copyright, trademark or service mark; n. implies or declares an endorsement of MTS of any service, product or point of view without written authorization from MTS; EXHIBIT A 28 of 122 o. depicts unsafe transit behavior aboard buses, trolleys, rail line tracks or other transit facility; p• q• is reasonably foreseeable that it will result in harm to, disruption of, or interference with the normal operations of MTS's transportation system; conflicts with any applicable federal, state, or local law, statute, or ordinance; r. impedes vehicular or pedestrian traffic, restricts the visibility of directional/traffic signs and informational material, encroaches on necessary sight lines (e.g., driver/operator view of waiting patrons) or presents any other safety risks or hazards (e.g., flashing lights, sound makers, mirrors or other special effects); s. contains a website address or telephone number that directs visitors or callers to material that violates any of the prohibitions within this policy; or t. is mischaracterized as a commercial advertisement but upon examination is intended to distribute a non-commercial message. 21.4 Advertising — General Conditions 21.4.1 Advertising industry standard sizes will be used for all advertising treatments. 21.4.2 Advertising treatments will be maintained in "like -new" condition. Damage to the advertisement or its housing will be corrected within forty-eight (48) hours. 21.4.3 All advertisements shall clearly identify the sponsor(s). 21.5 Advertising - LRVs and Buses 21.5.1 LRVs and buses, may carry wrap advertising formats rather than conventional advertising formats, at the discretion of the Chief Executive Officer. 21.5.2 Transit information material may be placed inside LRVs and buses at the discretion of the Chief Executive Officer. Such information can include, in accordance with this policy, the promotion of regularly scheduled public transit routes that will serve major community events. The subject matter and proposed advertisement regarding such event must comply with the provisions set forth under this policy. 21.5.3 Super King and Mural formats are approved for acceptable use on buses. The size specification for the Super King is 226 inches x 30 inches and is placed between the front and rear wheel wells on the street side of the bus. Murals are defined as encompassing the space under the vehicle EXHIBIT A 29 of 122 passenger windows on each side of the bus and extending from the front of the bus to just past the rear wheel well. 21.6 Advertising - Transit Centers, Malor Transit Points, Stations, and .Stops 21.6.1 Advertising treatments (housings) will be designed to complement the architecture of the transit centers/stations and the flavor of the surrounding community. MTS plan specifications will be followed wherever applicable. Advertising treatments will be designed, constructed, and placed in accordance with all applicable local, state, and federal standards. 21.6.2 Any unsold display advertising space within transit centers, major transit points, and stations will be allocated for MTS related advertisements and displays. 21.7 Advertising - Printed Materials 21.7.1 Advertising space may be allowed in printed materials (e.g., timetables, maps, and informational brochures) at the discretion of the Chief Executive Officer. 21.7.2 Advertising space may be allowed on the reverse side of regional passes, tickets, and transfers at the discretion of the Chief Executive Officer. 21.7.3 No advertising space shall supersede necessary transit information and/or regulations. 21.7.4 At the discretion of the Chief Executive Officer, MTS may allocate space in printed materials to inform transit customers about private entities actively participating in transit services (e.g., pass and ticket -sales outlets). 21.8 Concessions 21.8.1 Concession formats, quantity, and placement will be approved and controlled by the MTS Board of Directors. 21.8.2 Contracts for any concession format or related development will be awarded in accordance with existing MTS policies. 21.8.3 During hours of business, concessionaires will provide the public with transit information materials as directed and supplied by MTS or its designated representative. 21.8.4 Concession treatments/structures will be designed to complement the architecture of the transit centers/stations and the flavor of the surrounding community. MTS plan specifications will be followed wherever applicable. Concession treatments/structures will be designed, constructed, and placed in accordance with all applicable local, state, and federal standards. EXHIBIT A 30 of 122 21.8.5 Concession treatments/structures will not impede vehicular or pedestrian traffic, will not restrict the visibility of directional signs and informational materials, and will not encroach on necessary sight lines. 21.8.6 Concessionaire contracts will include remittance to MTS on a monthly basis. 21.8.7 Any and all concession on -site signing and displays will be in accordance with existing MTS policies and subject to approval of the Chief Executive Officer. 21,9 Merchandise 21.9.1 Any and all system -related merchandise will be of the highest available quality and project a positive transit image. 21.9.2 Merchandise licensing agreements and royalty payments will be made in accordance with existing MTS policies. 21.10 Revenue All revenue received from any form of advertising shall be accrued according to MTS policy and allocated during the annual budget process. 21.11 Contractor Services MTS may engage contractor(s) services for the development, implementation, management, and maintenance of advertising, concessions, and/or merchandise programs in conformance with existing MTS Board of Directors policies and in the best interests of MTS. Attachment A — City of San Diego Advertising Policy Original Policy approved on 5/9/1983. Policy revised on 6/6/1985. Policy revised on 7/9/1987. Policy revised on 6/23/1988. Policy revised on 3/22/1990. Policy revised on 3/14/1991. Policy revised on 4/9/1992. Policy revised on 5/12/1994. Policy revised on 8/11/1994. Policy revised on 6/22/1995. Policy revised on 3/27/1997. Policy revised on 6/11/1998. Policy revised on 2/22/2001 Policy revised on 2/26/2004. Policy revised on 12/10/2009. Policy revised on 6/18/2015 Policy revised on 1/18/2018 Policy revised on 4/12/2018 EXHIBIT A 31 of 122 A. Defamatory Advertising. No advertising will be permitted that falsely disparages any person, product, or company, or that is likely to damage the reputation of any person, product, or company. B. Advertising Condoning Criminal Conduct. No advertising will be permitted that is likely to incite or produce imminent unlawful activity. C. Obscene Advertising. No advertising will be permitted that contains obscene matter or matter harmful to minors, as defined in California Penal Code Sections 311 and 313. D. False Advertising. No advertisement will be permitted that contains false or grossly misleading information. E. Alcohol, Tobacco, and Firearms. No advertisement will be permitted that promotes the sale of alcoholic beverages, tobacco or tobacco products, or firearms. F. Existing Laws. All advertisements must conform to applicable federal, state, and local laws. 3. The City may make demand upon the Chief Executive Officer of MTS for the removal of any advertisement, commercial or noncommercial, that does not conform to this policy. Such demand shall be in writing and shall state reasonable grounds for the demand. MTS shall consider and act upon the demand in accordance with this policy. EXHIBIT A 32 of 122 MTS Doc. No. G2222.0-19 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO METROPOLITAN TRANSIT SYSTEM REGARDING BUS SHELTER AND BUS BENCH ADVERTISING This MOU, dated , 2020, is entered into by and between the CITY OF NATIONAL CITY (CITY), a municipal corporation, and the SAN DIEGO METROPOLITAN TRANSIT SYSTEM (MTS), a public entity (also known as San Diego Metropolitan Transit Development Board or MTDB). RECITALS A. MTS is the statutorily designated public transit provider for the portion of San Diego County that includes the CITY, as set forth in Public Utilities Code section 120000, et seq.; B. MTS and CITY are authorized by Public Utilities Code section 120268 to enter into cooperative agreements to establish uniform policies and procedures governing the use of bus passenger loading zones and establishing responsibility and standards for the maintenance of bus loading zones and any associated improvements; C. MTS and CITY had a Memorandum of Understanding (MTS Doc. No. 00-89-535) dated April 11, 1989 (1989 MOU), which expired in 2004, in which the CITY gave MTS the exclusive authority to install, or cause to be installed, transit shelters within the public right-of-way of the CITY; D. Notwithstanding the expiration of the 1989 MOU, in order to improve transit amenities for its passengers, including CITY residents and visitors, MTS has continued to install, maintain and replace bus shelters at locations where ridership is sufficiently high; E. MTS has recently purchased new transit shelters with solar lighting and receptacles for trash and recycling; F MTS has recently purchased new bus benches that will improve the streetscape of the CITY; G. MTS has a third -party contract for installation, maintenance and advertising at transit shelters throughout MTS's jurisdiction, including within CITY; H. MTS has a third -party contract for the maintenance and advertising at transit benches throughout MTS's jurisdiction, including within CITY; The revenue generated from the MTS advertising contracts is intended to fund the purchase of the new transit shelters and benches, as well as to fund continued transit services within MTS's jurisdiction, including the CITY; and J. MTS and CITY desire to enter into a new MOU to formally acknowledge their cooperative agreement regarding bus stop improvements within the CITY. Page 1 of 9 33 of 122 MTS Doc. No. G2222.0-19 AGREEMENT NOW, THEREFORE, the CITY shall grant to MTS for the period of 10 years, the exclusive authority to install, or cause to be installed, transit shelters and benches within the public -right- of-way of the CITY, provided the following conditions are complied with by MTS: 1. Term. This MOU shall commence upon , 2020. MTS shall have the right to administer its transit shelter and bus bench programs from 2020 through , 2030. This MOU may be extended by mutual agreement by both parties. Any extension of this MOU must be approved in writing by the City Council. 2. Location Criteria for Transit Shelters and Transit Bus Benches a. Transit shelters and bus benches with advertising shall be permitted only in commercial, industrial or multifamily housing areas in CITY unless otherwise authorized by the City Manager. b. Transit shelters and bus benches without advertising shall be permitted in all areas where a MTS bus stop is located, so long as CITY has not exercised its authority under this MOU to reject a proposed transit shelter or bus bench location or to request the removal of an existing transit shelter or bus bench. c. As transit shelter and bus bench maintenance contracts depend on advertising revenue to be sustainable, CITY shall allow a ratio of at least 4-to-1 advertising to non - advertising shelters and benches. d. CITY, through the City Manager, shall have final authority to approve or deny the installation of any transit shelter or bus bench notwithstanding the fact that any proposed installation otherwise complies with the terms of this MOU; provided, however, that MTS shall not be required by CITY to install a transit shelter or bus bench at any specific location. e. MTS shall provide a list of existing locations of all bus benches and transit shelters to the CITY and notify the CITY whenever changes are made in the CITY. All new installations shall conform to the terms of this MOU. f. The CITY shall have the authority to cause a transit shelter or bus bench to be removed or relocated from any location at no cost to the CITY, upon making written demand to MTS for such removal. g. There shall be no other criteria used for the placement of advertising shelters or benches. 3. Advertising Policy and Permissible Signage Page 2of9 34 of 122 MTS Doc. No. G2222.0-19 a. Transit shelter advertising is typically limited to two advertising panels that do not exceed four feet in width and six feet in height. Other permissible advertising includes digital advertising and "wrap" materials that are applied to the shelter structure. b. All advertising shall comply with MTS Policy No. 21 titled "MTS REVENUE - GENERATING DISPLAY ADVERTISING, CONCESSIONS, AND MERCHANDISE," attached as Exhibit A, which may be revised from time -to -time by the MTS Board of Directors. c. The CITY may request that MTS exercise its right to remove any advertisement, commercial, or noncommercial that does not conform to MTS Policy No. 21. Such demand shall be in writing and state reasonable grounds for the demand. Within thirty days' receipt of such demand, MTS shall consider and act upon the demand in accordance with the policy and legal requirements. Within thirty days of such consideration and action, if MTS fails to remove the Subject Material, MTS shall provide the CITY a written response identifying all reasons why the Subject Material was not removed. 4. Maintenance a. MTS, through its Contractors, shall be responsible for providing ongoing maintenance for every transit shelter or bench which it caused to be installed and currently exists in the public right-of-way. b. Transit shelters and bus benches shall be maintained in a state of good repair throughout the life of this MOU, and such services shall include, but not be limited to, refurbishing, reconditioning, and replacing worn or damaged transit shelters or bus benches if necessary. c. Routine inspections and trash removal shall be performed. d. Transit shelters and bus benches shall be repaired or replaced within 48 hours of notification to MTS of any damage, vandalism, or graffiti found on any transit shelter or bus bench. 5. Notices. MTS shall use its best efforts to notify the underlying property owners, as indicated on the most recent tax assessor's rolls, and building occupants that a new transit shelter or bus bench with or without advertising is proposed to be installed within 100 feet of their property in the public right-of-way prior to any transit shelter installation. Such notice will not be required if a shelter or bus bench currently exists and is simply being replaced by a new shelter or bus bench unless it is significantly modified. 6. Permits. MTS's contractor will be required to comply with all rules, regulations, and laws of the CITY and any applicable state or federal laws. All traffic control shall be per the San Diego Regional Standard Drawings and the California Manual on Uniform Traffic Control Devices, Latest Edition. Page 3 of 9 35 of 122 MTS Doc. No. G2222,0--19 7. Electrification. MTS's contractor will secure all electrical permits necessary for the installation of new shelters. Solar -powered shelters shall not require any permit, MTS's contractor shall assume all costs associated with lighting and powering transit shelters. 8. CITY and Private Furniture a. Notwithstanding that the CITY has granted to MTS the exclusive authority to install bus benches and transit shelters within the public right-of-way in the CITY, MTS agrees to allow the CITY to authorize others to place transit shelters, benches and appurtenances in the public right-of-way conditioned upon those shelters, benches, and appurtenances being placed in such locations as the CITY and MTS may agree to from time to time. Process. Private entities authorized to install transit shelters, benches, and appurtenances pursuant to this amendment will be required to provide the design, construction, and maintenance for the shelter and bench. Installation will be permitted through a CITY encroachment permit process. The location of the shelters or benches shall conform to the MTS Design Standard Guidelines. MTS will provide the plan review for comment, but will not be responsible or liable for design, construction, or maintenance of the transit shelters or benches that are not installed as part of its existing shelter or bench contract. ii. Indemnity. The CITY undertakes and agrees to defend, indemnify, and hold harmless MTS and any and all of MTS's officers, agents, employees, assigns, and successors in interest from and against all suits and causes of action, claims, losses, demands, and expenses including, but not limited to: attorney's fees and costs of litigation, damage or liability of any nature whatsoever for death or injury to any person including CITY employees and agents, or damage or destruction of any property of either party hereto or any third person in any section on the part of the CITY or its permitted private entities whether or not contributed to by an act or omission whether passive, active, or otherwise except for the sole negligence of MTS or any of MTS's officers, agents, and employees, in which case MTS shall hold the CITY harmless. Advertising. Advertising on the CITY's shelters or benches shall be solely for the purpose of announcing events of noncommercial nature taking place at an adjacent public facility owned or operated by the private entity authorized to install the shelter or bench and shall not be used for posting schedules of public meetings at the facility. Advertising space shall not be leased to any third party. Acknowledgement of sponsorship shall be permitted within the space reserved for advertising posters. All advertising posted on the shelters and benches must conform to the advertising criteria set forth in Section 2 of this MOU. MTS may make demand upon the CITY for the removal of any advertisement that does not conform to the aforementioned advertising criteria. Such demand shall be in writing and shall state reasonable grounds for the demand. The CITY shall consider and act upon the demand in accordance with those advertising criteria. Page 4of9 36 of 122 MTS Doc. No. G2222.0-19 Advertising display panels shall be configured in such a way to be similar to MTS's shelters and benches. Advertising display panels shall be no greater in size than those used in MTS's shelters and benches. MTS shall be given first - right -of -refusal to utilize one advertising panel in each shelter for the purpose of posting transit information. iv. Insurance. The CITY shall require any permitted private entity to maintain insurance to same extent required of MTS pursuant to this Memorandum of Understanding. v. Maintenance. For pre-existing and future benches, shelters, trash receptacles, and other bus stop infrastructure and amenities not installed by MTS: MTS does not assume any responsibility in this MOU for repairs, maintenance, cleaning, installation, replacement, removal, trash and recycling service, graffiti abatement, painting, or any other work not agreed to elsewhere, MTS will not be responsible for damage caused by furniture and amenities installed by the City or others (apart from MTS and/or its designees), nor for the restoration of the area to City standard from any condition caused by the installation, damage, repair, or removal of any such infrastructure. MTS shall maintain responsibility for all work related to the bus stop pole (if any), bus stop blade, and any MTS-provided information or amenities attached to the bus stop pole, including installation, repair, replacement, removal, cleaning, and graffiti abatement. MTS shall be responsible for MTS-provided and installed benches and shelters as specified in this MOU. 9. Indemnity & Hold Harmless. MTS undertakes and agrees to defend, indemnify, and hold harmless the CITY and any and all of the CITY's officers, agents, employees, volunteers, assigns, and successors in interest from and against all suits and causes of actions, claims, Toss, demands, expenses, including, but not limited to, attorneys' fees and costs of litigation, damage or liability, or any nature whatsoever, for death or injury to any person, including MTS's employees and agents, or damage or destruction to any property of either party hereto or third person in any manner arising by reason of or incident to the performance of this MOU on the part of MTS, except for active negligence of the CITY or any of the City's officers, agents, contractors or employees, in which case the CITY shall hold MTS harmless and MTS shall have no obligation to defend and indemnify the CITY or its officers, agents, employees, volunteers, assigns or successors. CITY will cooperate reasonably in the defense of any action, and MTS shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this MOU for any alleged or actual omission, act, or negligence under this MOU that occurred during the term of this MOU. 10. Termination of this MOU. Page 5 of 9 37 of 122 MTS Doc. No. G2222.0-19 a. By CITY: The CITY may terminate this MOU if MTS or its contractor materially breaches the terms and conditions set forth herein, and the CITY shall owe no payment to MTS or its contractor. If the CITY terminates this MOU, the CITY may require MTS to remove every transit shelter and/or bus bench in the public rights -of -way. The City may terminate this MOU without cause, by serving upon MTS written notice of termination of this MOU one hundred twenty (120) days in advance of said date of termination, and the CITY shall pay MTS the current value for every transit shelter or bus bench in the public right-of-way. The method of calculating the current value of a transit shelter or bus bench will be as follows: CURRENT VALUE = Transit Shelter/Bus Bench Unit Price Depreciation Period (in months) Depreciation Period - Months in Service (in months) For purposes of calculating the current value the transit shelter or bus bench: • the unit price shall be the unit price listed in the contractor's financial plan submitted with the bid documents plus the installation costs of the bus bench or transit shelter; • the depreciation period for transit shelters and bus benches will be ninety-six (96) months; and • the number of months in service will be calculated from the date the transit shelter or bus bench is placed in service to the date of termination. b. By MTS: MTS may terminate this MOU without cause, by serving upon CITY written notice of termination of this MOU three hundred sixty five (365) days in advance of said date of termination. No later than the date of termination, MTS shall either (i) reach an agreement with CITY for CITY to take possession and ownership of the transit shelters and bus benches that remain installed within the CITY, or (ii) remove each and every transit shelter and bus bench and restore the sidewalk to a safe and usable condition. 11. Insurance. During the term of the MOU, MTS shall require its contractor, at no cost to the CITY, to maintain the following levels and types of insurance: a. Commercial general liability insurance for bodily injury (including death) and property damage, which provides total limits of not less than two million dollars ($2,000,000.00) combined single limit per occurrence and $4,000,000 aggregate. Coverages included shall be: Premises and operations; Page 6of9 38 of 122 MTS Doc. No. G2222.0-19 ii. Contractual liability expressly, including liability assumed under this MOU, with deletion of the exclusion as to performance of operations within the vicinity of any railroad bridge, trestle, track, roadbed, tunnel, underpass, and crossway; iii. Personal injury liability; iv. Independent contractors; and v. Cross -liability clause providing that the insurance applies separately to each insured except with respect to the limits of liability. vi. Such insurance shall include the following endorsement (copies of which shall be provided): (1) Inclusion of the CITY, its officers, agents, employees, and volunteers as additional insureds with respect to activities, services, or operations under this MOU; (2) Inclusion of MTS, and its subsidiaries, its officers, agents, and employees as additional insureds with respect to activities, services, or operations under this MOU; and (3) Stipulation that the contractor's insurance is primary insurance and that no insurance of the CITY or MTS will be called upon to contribute to a loss. b. Comprehensive automobile liability insurance for bodily injury (including death) and property damage, which provides total limits of not less two million dollars ($2,000,000.00) combined single limit per occurrence applicable to all owned, nonowned, and hired vehicles. This policy shall name the CITY and its officers, agents, employees, and volunteers, as well as MTS and its subsidiary agencies, as additional insureds, and a separate additional insured endorsement shall be provided for each additional insured. c. Statutory workers' compensation coverage including a broad form all states endorsement; employer's liability insurance for not less than one million dollars ($1,000,000.00) per occurrence for all individuals engaged in services or operations to implement this MOU, including an insurer's waiver of subrogation in favor of both the CITY and MTS along with their directors, officers, representatives, agents, employees and volunteers d. MTS shall also provide CITY with satisfactory evidence of self-insurance that meets or exceeds the types and levels of insurance outlined above. Notices. No notice, request, demand, instruction, or other document to be given hereunder to any party shall be effective for any purpose unless personally delivered to the person at the appropriate address set forth below (in which event, such notice shall be deemed effective only upon such delivery) or delivered by certified mail, return receipt requested, as follows: Page 7 of 9 39 of 122 To The CITY: Roberto Yano Director of Public Works / City Engineer City of National City 1243 National City Blvd National City, CA 91950 MTS Doc. No. G2222.0-19 To MTS: Paul C. Jablonski Chief Executive Officer Metropolitan Transit System 1255 Imperial Avenue, Suite 1000 San Diego, California 92101 Notices so mailed shall be deemed to have been given forty-eight (48) hours after the deposit of same in any United States Post Office mailbox. The addresses and addressees, for the purpose of this paragraph, may be changed by giving written notice of such change in the manner herein provided for giving notice. Unless and until such written notice of change is received, the last address and addressee stated by written notice, or provided herein if no such written notice of change has been received, shall be deemed effective. 12. Attorneys' Fees & Governing Law. If legal action be commenced to enforce or to declare the effect of any provisions of the MOU, the court as part of its judgment shall award reasonable attorneys' fees and costs to the prevailing party. This MOU shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action arising under this Agreement shall be in either state or federal court in the County of San Diego, State of California. 13. Prevailing Wages. State prevailing wage rates may apply to work performed under this MOU. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. MTS 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. 14. No Waiver. The waiver by one (1) party of the performance of any covenant, condition, or promise shall not invalidate this MOU nor shall it be considered a waiver by such party of any other covenant, condition, or promise hereunder. The waiver by either or both parties of the time for performing any act shall not constitute a waiver of the time for performing any other act or identical act required to be performed at a later time. The exercise of any remedy provided by law and the provisions of this MOU for any remedy shall not exclude other consistent remedies unless they are expressly excluded. 15. Severance. If any provision of this MOU is found to be unenforceable, the remainder of the provisions shall continue to be given full force and effect. 16. Amendments. No change in or addition to this MOU or any part hereof shall be valid unless in writing and properly authorized by the CITY and MTS. 17. Entire Agreement. This MOU supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. Page 8 of 9 40 of 122 MTS Doc. No. G2222.0-19 18. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (il) each party has actively participated in the drafting, preparation and negotiation of this MOU, (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 MOU, (iv) each party and such party's counsel and advisors have reviewed this MOU, (v) each party has agreed to enter into this MOU 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 MOU, or any portions hereof, or any amendments hereto. SAN DIEGO METROPOLITAN TRANSIT SYSTEM Paul C. Jablonski Chief Executive Officer APPROVED AS TO FORM: 0/1/4?)— Karen Landers General Counsel CITY OF NATIONAL CITY By: Alejandra Sotelo--Solis Title: Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Page 9 of 9 41 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 42 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City amending City Council Policy No.107 by adding Sections F and G regarding non-resident appointed board members. (City Attorney) Please scroll down to view the backup material. 42 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City amending City Council Policy #107 by adding Sections F and G regarding Non -Resident Appointed Board members. PREPARED BY: Angil P. Morris -Jones PHONE: 619 336-4220 EXPLANATION: At the City Council Meeting of April 7, 2020 during Council comments Vice Mayor Rios requested and received unanimous consent by the City Council to consider an amendment to the City Council Policy regarding Appointments of City Boards, Committees and Commissions which have an unscheduled vacancy. DEPARTMENT: City Attorrye APPROVED BY: During the City Council Meeting of May 5, 2020, Council voted on a 4 to 1 vote to amend City Council Policy #107 by adding Sections F and G. Section F would provide that an unscheduled vacancy automatically occurs when a resident holding an appointed position on a City Board, Committee or Commission becomes a non-resident by moving out of the National City limits. Section F will also provide how to fill that vacancy. Section G would provide that only National City Residents may be elected to the Office of Chair of a City Board, Committee or Commission. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Amended City Council Policy #107 with added Sections F and G. 2. Resolution 43 of 122 CITY COUNCIL POLICY CITY OF NATIONAL CITY TITLE: Appointments to Boards and Commissions POLICY: # 107 ADOPTED: June 17, 1986 AMENDED: May 19, 2020 PURPOSE To establish a procedure to serve as a guide in making appointments to various City Boards and Commissions. The City currently has the following boards, commissions, and committees (generally referred to as Boards and Commissions) to which this Policy would apply: Board of Library Trustees; Civil Service Commission; Community and Police Relations Commission; Park, Recreation and Senior Citizens Advisory Committee; Planning Commission; Public Art Committee; and, Traffic Safety Committee. POLICY Appointment Process A. Opportunity to apply. All interested individuals shall be given an opportunity to submit applications for vacancies on City Board and Commissions. Incumbent Commissioners are not automatically re- appointed but are required to fill out an abbreviated application provided by the City Clerk, indicating their interest in continuing to serve. B. Unexpired terms. If an incumbent Commissioner was appointed to fill an unexpired term and the Commissioner has served for less than one year in that position, the Council may re -appoint the incumbent without considering other applicants. C. Vacancies. When Commissioner vacancies occur, the following procedure shall be followed: 1. Schedule vacancy. When a term is or has expired, a public notice of the vacancy shall be made. Interested individuals will be invited to submit applications for the vacancy on a form provided by the City Clerk. 2. Unscheduled vacancy. An unscheduled vacancy shall be filled pursuant to and consistent with Government Code section 54974, which provides generally as follows: When an unscheduled vacancy occurs, whether due to resignation, death, termination, or other causes, a special vacancy notice shall be posted in the office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final appointment shall not be made by the City Council for at least 10 working days after the posting of the notice in the City Clerk's office. However, the City Council may, if it finds that an emergency exists, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall Page 1 of 4 44 of 122 TITLE: Appointments to Boards and Commissions POLICY: # 107 ADOPTED: June 17, 1986 AMENDED: May 19, 2020 serve only on an acting basis until the final appointment is made pursuant to this section. 3. Applications will be reviewed by the entire City Council and applicants will be interviewed by the entire City Council. D. Implementation. Implementation of Council policy for appointment to Boards and Commissions requires the following: 1. Preparation of appointments list by the City Council. On or before December 31 of each year, the City Council via the City Clerk shall prepare an appointments list (known as the Local Appointments List) of all regular and ongoing boards, commissions, and committees which are appointed by the Mayor and/or the City Council, in compliance with Government Code section 54972, which generally requires a list of all appointive terms which will expire during the next calendar year, the name of the incumbent appointee, the date of appointment, the date the term expires, and the necessary qualifications for the position; and a list of all boards, commissions, and committees whose members serve at the pleasure of the City Council, and the necessary qualifications for each position. 2. Notice. Placement of a legal/public notice in a local San Diego newspaper advertising appointive vacancies; 3. Expiration of term. A letter to be sent to all office holders as their terms expire asking if they would like to re -apply for the position; 4. Interviews. Interviews to be held for those who file applications for all committees with current vacancies. Each applicant will have the opportunity to make a brief (approximately S minute) presentation of their interests and qualifications before the City Council at a regular Council meeting. All appointments and interviews before the City Council will be scheduled as needed to fill unexpected vacancies, with every effort to be made before an individual's term expires. Interviews may take place at one meeting, with appointments made at a subsequent meeting. E. Vacancies for Council Appointed Positions. If the vacancy is for a Council- appointed position, and there is more than one applicant for a given position, the voting process will proceed as follows 1. Once the interviews are complete, each Councilmember votes for his/her choice via a written ballot. Each Councilmember shall pant and sign his/her name on the ballot. All ballots shall be considered a public record and open to inspection by the public. Page 2 of 4 45 of 122 TITLE: Appointments to Boards and Commissions POLICY: # 107 ADOPTED: June 17, 1986 AMENDED: May 19, 2020 2. The ballots are passed to the City Clerk who announces the number of votes for each candidate. In the event of a tie, each Councilmember votes again until one (1) candidate has the majority vote, and is declared to be the new Commissioner. 3. Re -appointment beyond two terms. Anyone wishing to be re -appointed to any Board or Commission, and has served two or more full terms already, must be approved a four -fifths vote of the Council. In these instances, if all five members of the Council are not present or if one member abstains or recuses his/her vote, the four -fifths requirement would be changes to require only a simple majority. F. An automatic vacancy upon becoming a Non -Resident. An unscheduled vacancy automatically occurs when a resident holding an appointment position on a City Board, Committee or Commission becomes a non-resident by moving out of National City limits. When an unscheduled vacancy occurs due to a resident becoming a non-resident, the unscheduled vacancy may be filled as follows: 1. A special vacancy notice shall be posted in the Office of the City Clerk and the National City Library, and in other places as directed by the City Council, not earlier than 20 days before or not later than 20 days after the vacancy occurs. Final Appointment at a City Council Meeting, shall not be made by the Appointing Authority for at least 10 working days after the posting of the notice in the City Clerk's Office. The Appointing Authority may appoint the former resident to a Non - Residential position if a Non -Residential position is vacant. 3. However, the Appointing Authority may, if it finds that an emergency exist, fill the unscheduled vacancy immediately. A person appointed to fill the vacancy shall serve only on an acting basis until the final appointment is made pursuant to this section. G. Only City Residents may be elected to Chair. To be eligible to be elected as the Chairperson of a City Board, Committee or Commission, the member must be a resident of the City. Appointing Authority Under the Government Code, the Mayor has appointment power to all Boards and Commissions, subject to ratification by the City Council, unless there is a State law which directly, or by implication, grants the appointment power to the City Council. The following is a list of City Boards and Commissions divided between the Mayor and City Council as the Appointment power exists. Page 3 of 4 46 of 122 TITLE: Appointments to Boards and Commissions POLICY: # 107 ADOPTED: June 17, 1986 AMENDED: May 19, 2020 Mayor's Appoint rents: Board of Library Trustees Traffic Safety Committee Parks, Recreation and Senior Citizens Advisory Committee Sweetwater Authority Community and Police Relations Commission (CPRC) Public Art Committee Veterans and Military Families Advisory Committee City Council Appointments: Planning Commission (including Committee for Housing and Community Development) Port Commission Civil Service Commission Related Policy References Government Code section 40605 Government Code section 54970, et.seq. National City Municipal Code Title 16 (pending) Prior Policy Amendments None Page 4 of 4 47 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 48 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter — Fourth Quarter 2019. (Finance) Please scroll down to view the backup material. 48 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — Fourth Quarter 2019 PREPARED BY: Mark Roberts, Finance Director DEPARTMENT: Finance� PHONE: 619-336-4330 APPROVED BY: L6�A//Q ,'a EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the fourth quarter of calendar year 2019, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: LWa. �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 report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter - Fourth Quarter 2019 49 of 122 National City In Brief Aational City's receipts from Octo- ber through December were 12.1% above the fourth sales period in 2018. Excluding reporting aberra- tions, actual sales were up 8.7%, exceeding the State and regional trend. The City's performance was strong in nearly every major sales tax cate- gory, with broad -based, positive per- formance. The largest contributor to the overall improvement was growth in allocations from the countywide use tax pool. This was boosted by a recent legislative change that pro- vides the State the ability to collect tax revenue from the sales of small- er, third -party internet retailers on marketplace Internet platforms. New car sales were up 2.4%, out- performing the 3.4% statewide de- cline. The recent opening of a new family apparel retailer was also a factor in the strong performance. Voter -approved Measure D gener- ated $3,565,375 addtional revenue this quarter. Net of aberrations, taxable sales for all of San Diego County grew 5.6% over the comparable time pe- riod; the Southern California region was up 4.4%. CALIFORNIA - National City NATIONAL CITY Sales Tax Update First Quarter Receipts for Fourth Quarter Sales (October - December 2019) SALES TAX BY MAJOR BUSINESS GROlLTP $r Traimti smIE lappolndalloploolipprylmINIImulOwlialpip Skiir Pak TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM Ball Mitsubishi Burlington Coat Factory C & M Motors Truck Center Frank Hyundai Frank Subaru Frank Toyota JC Penney Macys Mossy Nissan National City Gas & Carwash Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen T Mobile Target USA Gasoline Victoria's Secret Walmart Supercenter Wescott Mazda Westair Gases & Equipment Reclaidiamis f Fad awl iserrQ Zlarms Iah ouri:r ED13 ■ari "urfrr:VW a k.isyr csamra Foal REVENUE COMPARISON I oN Two atarfers— Rc Year To Luke (Q3 to € 4) I6-19 2019-20 Pcint-crf-Sale Courtly Pool S{3tB Poc SP,736,434 Ima3,241 1,3 ,15a 1,691,0111 4,413 3,962 Gross Rer ipte $1e '63,i005 $10e3E16,211, MBasu y L' S6r550,312 $6,864,462 Published by HdL Companies in Spring 2020 www.hdlcompanies.com 1888.861.0220 California Overall Statewide sales and use tax receipts from 2019's fourth quarter were 4.2% higher than last year's holiday quarter after fac- toring for accounting anomalies. The increase came from the accelera- tion in online shopping which generated huge gains in the countywide use tax pools for merchandise shipped from out-of-state and from California based fulfillment warehouses in those cases where the warehouse is also point -of - sale. This segment was further boosted by the first full quarter of California's implementation of the Wayfair vs South Dakota ruling that requires out-of-state retailers to collect and remit sales tax on merchandise sold to California custom- ers. The ruling has led to an increase in sales tax receipts of roughly $2.95 per capita while also producing double digit gains for in -state online fulfillment centers. In contrast, soft sales and closeouts resulted in a decline in almost every category of brick -and -mortar spend- ing during the holiday season while new cannabis retailers helped boost what would have been a soft quarter for the food -drug group. Most oth- er sales categories including new cars and business -industrial purchases were also down. Restaurant group gains were modest compared to previous quarters. Overall, the rise in county pool receipts offset what would have been otherwise, a flat or depressed quarter for most ju- risdictions. Covid-19 The coronavirus impact will first be seen in next quarter's data reflecting January through March sales. Based on recovery rates being reported in some Asian countries, the virus's disruption of supply chains will be deepest in the first and second quarter and largely resolved by mid -summer. However, recovery from social distancing and home confinements could take longer with the deepest tax declines expected in the restaurant/hospitality, travel/trans- portation and brick -and -mortar retail segments. Layoffs and furloughs are also expected to reduce purchases of new cars and other high cost durable goods. The losses from the state's high-tech inno- vation industries may be more modest while the food -drug and online retail groups could exhibit increases. Assuming that the virus is largest con- tained by the end of September, HdL's economic scenario projects that tax de- clines will bottom out in the first quarter of 2021 but with only moderate gains for several quarters after. Data from previous downturns suggests that the return to previous spending is not im- mediate and often evolves. Businesses emerge with ways to operate with fewer employees and more moderate capital investment. Consumers take time to ful- ly get back to previous levels of leisure travel, dining and spending and may permanently transfer to newly discov- ered services, activities and/or online retail options. SALES PER CAPITAk 111 ql qi isteuicfriy comity IIMINEalMSPPI cli i al REVENUE BY BUSINESS GROUP (National Gittr This Quark? Careu3 Dolt 2 5.111Hadm.M.eashas 1111141111116144611140 AAA Jain? NATIONAL CITY TOP 15 BUSINESS SS TYPES-i- Ma,zand3cfMtrs ®urines "rype kin Leese &Is Ravi, Shari illela±is Cams Diiirn Qepa+1-eat Stares Disown': CteFtSlues Beckeicskeicn s-sx Slurs. FaiLy Apparel Neu kitabr Cesiers slide -Se mice Rubins -rib &I%icg Steticns Dux OM 4ecieky gy res Used autcrnati. Ccet rs %%been': .15{1 Total All 1u rosrts County 4 Stair Foal Allaratian Cross Rertipts P tia?ill C3jt Change 111.21 MTh -411 171 -17ri —•1=e4FI =FAT:{L— 5:6 41.9"i B_i% County Charge 1.1% -UR 2_7% 4AN. -1 - 4_R Tali Z5R ors -2_i}i 11% fiTI 411I. 5.8a': "A,rcou.rr!'1.1Werra: 1sSiJMasMtPAYJJe015:.flntdtraosiers, a e Jam!a`.ikisrnienrs nave Leer, &Misted azi reAe rt the quirrIzei in whet.die slims € ccurrm J L State �-angr 26.7% 4.2% 51 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 52 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended February 29, 2020. (Finance) Please scroll down to view the backup material. 52 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended February 29, 2020. PREPARED BY: R?*. Gt4€441, DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: �� �� 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 February 29, 2020. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `W.t,'Ad /GAG 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 February 29, 2020. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 53 of 122 City of National City Consolidated Account#10218 Transaction Ledger As of February 29, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 02/04/2020 60934N807 425.65 Federated Investors Govt Oblig Fund Inst. 1.000 1.22% 425.65 0.00 425.65 0.00 Purchase 02/07/2020 60934N807 9,187.50 Federated Investors Govt Oblig Fund 1.000 1.22% 9,187.50 0.00 9,187.50 0.00 Inst. Purchase 02/16/2020 60934N807 7,125.00 Federated Investors Govt Oblig Fund 1.000 1.22% 7,125.00 0.00 7,125.00 0.00 Inst. Purchase 02/17/2020 60934N807 2,750.00 Federated Investors Govt Oblig Fund 1.000 1.22% 2,750.00 0.00 2,750.00 0.00 Inst. Purchase 02/18/2020 60934N807 3,368.75 Federated Investors Govt Oblig Fund 1.000 1.22% 3,368.75 0.00 3,368.75 0.00 Inst. Purchase 02/18/2020 60934N807 148.33 Federated Investors Govt Oblig Fund 1.000 1.22% 148.33 0.00 148.33 0.00 Inst. Purchase 02/18/2020 60934N807 438.96 Federated Investors Govt Oblig Fund 1.000 1.22% 438.96 0.00 438.96 0.00 Inst. Purchase 02/18/2020 60934N807 579.00 Federated Investors Govt Oblig Fund 1.000 1.22% 579.00 0.00 579.00 0.00 Inst. Purchase 02/18/2020 60934N807 280.25 Federated Investors Govt Oblig Fund 1.000 1.22% 280.25 0.00 280.25 0.00 Inst. Purchase 02/18/2020 60934N807 211.79 Federated Investors Govt Oblig Fund 1.000 1.22% 211.79 0.00 211.79 0.00 Inst. Purchase 02/18/2020 60934N807 613.33 Federated Investors Govt Oblig Fund 1.000 1.22% 613.33 0.00 613.33 0.00 Inst. Purchase 02/18/2020 60934N807 300,482.50 Federated Investors Govt Oblig Fund 1.000 1.22% 300,482.50 0.00 300,482.50 0.00 Inst. Purchase 02/18/2020 60934N807 11,447.60 Federated Investors Govt Oblig Fund 1.000 1.22% 11,447.60 0.00 11,447.60 0.00 Inst. Purchase 02/18/2020 60934N807 46,911.52 Federated Investors Govt Oblig Fund 1.000 1.22% 46,911.52 0.00 46,911.52 0.00 Inst. Purchase 02/18/2020 60934N807 21,749.06 Federated Investors Govt Oblig Fund 1.000 1.22% 21,749.06 0.00 21,749.06 0.00 Inst. Purchase 02/18/2020 60934N807 25,483.02 Federated Investors Govt Oblig Fund 1.000 1.22% 25,483.02 0.00 25,483.02 Inst. 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 4/9/2020 1( 54 of 122 City of National City Consolidated Account#10218 Transaction Ledger As of February 29, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 02/21/2020 60934N807 626.87 Federated Investors Govt Oblig Fund Inst. 1.000 1.22% 626.87 0.00 626.87 0.00 Purchase 02/26/2020 43813RAC1 70,000.00 Honda Auto Receivables 2020-1 A3 1.61% Due 4/22/2024 99.980 1.62% 69,986.28 0.00 69,986.28 0.00 Purchase 02/29/2020 60934N807 600,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.24% 600,000.00 0.00 600,000.00 0.00 Purchase 02/29/2020 60934N807 12,468.75 Federated Investors Govt Oblig Fund Inst. 1.000 1.24% 12,468.75 0.00 12,468.75 0.00 Subtotal 1,114,297.88 1,114,284.16 0.00 1,114,284.16 0.00 Security 02/29/2020 90SDCP$00 Contribution 31,000.00 County of San Diego Pooled Investment 1.000 Pool 31,000.00 0.00 31,000.00 0.00 Subtotal 31,000.00 31,000.00 0.00 31,000.00 0.00 TOTAL ACQUISITIONS 1,145,297.88 1,145,284.16 0.00 1,145,284.16 0.00 DISPOSITIONS Sale 02/26/2020 60934N807 69,986.28 Federated Investors Govt Oblig Fund Inst. 1.000 1.22% 69,986.28 0.00 69,986.28 0.00 Subtotal 69,986.28 69,986.28 0.00 69,986.28 0.00 Paydown Paydown Paydown 02/18/2020 02582JHE3 02/18/2020 02587AAJ3 02/18/2020 161571GX6 Paydown 02/18/2020 43814UAG4 0.00 American Express Credit Trust 2017-3 A 100.000 1.77% Due 11/15/2022 300,000.00 American Express Credit Trust 2017-1 A 100.000 1.93% Due 9/15/2022 0.00 Chase Issuance Trust 2015-A4 A4 100.000 1.84% Due 4/15/2022 0.00 Honda Auto Receivables Trust 2018-2 100.000 A3 3.01% Due 5/18/2022 Paydown 02/18/2020 43814WAB1 11,205.53 Honda Auto Receivables Trust 2019-1 100.000 A2 2.75% Due 9/20/2021 0.00 300,000.00 0.00 0.00 11,205.53 280.25 482.50 613.33 438.96 242.07 280.25 300,482.50 613.33 438.96 11,447.60 0.00 4,535.16 0.00 0.00 0.72 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 4/9/2020 1( 55 of 122 City of National City Consolidated Account#10218 Transaction Ledger As of February 29, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown Paydown Paydown 02/18/2020 43815NAC8 02/18/2020 477870AC3 02/18/2020 47788EAB4 0.00 Honda Auto Receivables Trust 2019-3 100.000 A3 1.78% Due 8/15/2023 0.00 John Deere Owner Trust 2019-B A3 2.21% Due 12/15/2023 46,714.85 John Deere Owner Trust 2018-B A2 2.83% Due 4/15/2021 100.000 0.00 0.00 100.000 46,714.85 148.33 211.79 196.67 148.33 0.00 211.79 0.00 46,911.52 1.92 Paydown 02/18/2020 47789JAB2 21,388.28 John Deere Owner Trust 2019-A A2 2.85% Due 12/15/2021 100.000 21,388.28 360.78 21,749.06 0.97 Paydown Paydown Paydown 02/18/2020 65479JAD5 02/18/2020 89238KAD4 02/21/2020 43815HAC1 0.00 Nissan Auto Receivables Owner 2019-C 100.000 A3 1.93% Due 7/15/2024 25,038.64 Toyota Auto Receivables Trust 2017-D 100.000 A3 1.93% Due 1/18/2022 0.00 Honda Auto Receivables Trust 2018-3 100.000 A3 2.95% Due 8/22/2022 0.00 25,038.64 579.00 444.38 0.00 626.87 579.00 25,483.02 626.87 0.00 69.44 0.00 Subtotal 404,347.30 404,347.30 4,624.93 408,972.23 4,608.21 Maturity 02/29/2020 912828J50 600,000.00 US Treasury Note 1.375% Due 2/29/2020 100.000 600,000.00 0.00 600,000.00 1,591.74 Subtotal 600,000.00 600,000.00 0.00 600,000.00 1,591.74 Security 02/05/2020 60934N807 Withdrawal 2,267.22 Federated Investors Govt Oblig Fund Inst. 1.000 2,267.22 0.00 2,267.22 0.00 Subtotal 2,267.22 2,267.22 0.00 2,267.22 0.00 TOTAL DISPOSITIONS 1,076,600.80 1,076,600.80 4,624.93 1,081,225.73 6,199.95 OTHER TRANSACTIONS Interest 02/07/2020 06406RAA5 400,000.00 Bank of NY Mellon Corp Callable Note Cont 1/7/2022 2.6% Due 2/7/2022 0.000 5,200.00 0.00 5,200.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 4/9/2020 1( 56 of 122 City of National City Consolidated Account#10218 Transaction Ledger As of February 29, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 02/07/2020 40428HPV8 290,000.00 HSBC USA Inc Note 2.75% Due 8/7/2020 0.000 3,987.50 0.00 3,987.50 0.00 Interest 02/16/2020 3137EAEL9 600,000.00 FHLMC Note 2.375% Due 2/16/2021 0.000 7,125.00 0.00 7,125.00 0.00 Interest 02/17/2020 3135G0N82 440,000.00 FNMA Note 1.25% Due 8/17/2021 0.000 2,750.00 0.00 2,750.00 0.00 Interest 02/18/2020 3130A7CV5 490,000.00 FHLB Note 1.375% Due 2/18/2021 0.000 3,368.75 0.00 3,368.75 0.00 Interest 02/29/2020 912828J50 600,000.00 US Treasury Note 1.375% Due 2/29/2020 0.000 4,125.00 0.00 4,125.00 0.00 Interest 02/29/2020 912828L24 450,000.00 US Treasury Note 1.875% Due 8/31/2022 0.000 4,218.75 0.00 4,218.75 0.00 Interest 02/29/2020 912828L32 600,000.00 US Treasury Note 1.375% Due 8/31/2020 0.000 4,125.00 0.00 4,125.00 0.00 Subtotal 3,870,000.00 34,900.00 0.00 34,900.00 0.00 Dividend 02/04/2020 60934N807 747,947.36 Federated Investors Govt Oblig Fund Inst. 0.000 425.65 0.00 425.65 0.00 Subtotal 747,947.36 425.65 0.00 425.65 0.00 TOTAL OTHER TRANSACTIONS 4,617,947.36 35,325.65 0.00 35,325.65 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 4/9/2020 1( 57 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 58 The following page(s) contain the backup material for Agenda Item: Warrant Register #40 for the period of 3/25/20 through 3/31/20 in the amount of $65,490.00. (Finance) Please scroll down to view the backup material. 58 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #40 for the period of 3/25/20 through 3/31/20 in the amount of $65,490.00. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period 3/25/20 - 3/31/20. 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 issued during this period FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $65,490.00. APPROVED: `WA / Z 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 $65,490.00. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 40 59 of 122 PAYEE SHEPPARD MULLIN RICHTER ACEDO, I ANDERSON, E BEARD, P BECK, L BISHOP, R BOEGLER, C BULL, P CAMEON, C CARRILLO, R COLE, L COLLINSON, C CONDON, D CORDERO, E DANESHFAR, Z DEESE, L DESROCHERS, P DIAZ, M DILLARD, S DREDGE, J EISER III, G ESPIRITU, D ETZLER, J FABINSKI, D FERNANDEZ, R FIFIELD, K GAUT, A GELSKEY, K GIBBS JR, R GONZALES, M HANSON, E HARLAN, M HAUG, S HERNANDEZ, G HERNANDEZ, M HERNANDEZ, R HODGES, B IBARRA, J JAMES, R JONES, D JUNIEL, R KIMBLE, R KLOS, F LEACH, D LIMFUECO, M MATIENZO, M MC CABE, T F I fL� IN co RPO ATV') _) WARRANT REGISTER # 40 3/31/2020 DESCRIPTION CHK NO DATE AMOUNT SETTLEMENT 346934 3/31/20 40,000.00 RETIREE HEALTH BENEFITS / APRIL 2020 346935 3/31/20 160.00 RETIREE HEALTH BENEFITS / APRIL 2020 346936 3/31/20 110.00 RETIREE HEALTH BENEFITS / APRIL 2020 346937 3/31/20 70.00 RETIREE HEALTH BENEFITS / APRIL 2020 346938 3/31/20 140.00 RETIREE HEALTH BENEFITS / APRIL 2020 346939 3/31/20 110.00 RETIREE HEALTH BENEFITS / APRIL 2020 346940 3/31/20 260.00 RETIREE HEALTH BENEFITS / APRIL 2020 346941 3/31/20 580.00 RETIREE HEALTH BENEFITS / APRIL 2020 346942 3/31/20 400.00 RETIREE HEALTH BENEFITS / APRIL 2020 346943 3/31/20 290.00 RETIREE HEALTH BENEFITS / APRIL 2020 346944 3/31/20 165.00 RETIREE HEALTH BENEFITS / APRIL 2020 346945 3/31/20 420.00 RETIREE HEALTH BENEFITS / APRIL 2020 346946 3/31/20 280.00 RETIREE HEALTH BENEFITS / APRIL 2020 346947 3/31/20 520.00 RETIREE HEALTH BENEFITS / APRIL 2020 346948 3/31/20 250.00 RETIREE HEALTH BENEFITS / APRIL 2020 346949 3/31/20 660.00 RETIREE HEALTH BENEFITS / APRIL 2020 346950 3/31/20 110.00 RETIREE HEALTH BENEFITS / APRIL 2020 346951 3/31/20 680.00 RETIREE HEALTH BENEFITS / APRIL 2020 346952 3/31/20 480.00 RETIREE HEALTH BENEFITS / APRIL 2020 346953 3/31/20 250.00 RETIREE HEALTH BENEFITS / APRIL 2020 346954 3/31/20 250.00 RETIREE HEALTH BENEFITS / APRIL 2020 346955 3/31/20 620.00 RETIREE HEALTH BENEFITS / APRIL 2020 346956 3/31/20 460.00 RETIREE HEALTH BENEFITS / APRIL 2020 346957 3/31/20 220.00 RETIREE HEALTH BENEFITS / APRIL 2020 346958 3/31/20 270.00 RETIREE HEALTH BENEFITS / APRIL 2020 346959 3/31/20 540.00 RETIREE HEALTH BENEFITS / APRIL 2020 346960 3/31/20 700.00 RETIREE HEALTH BENEFITS / APRIL 2020 346961 3/31/20 115.00 RETIREE HEALTH BENEFITS / APRIL 2020 346962 3/31/20 120.00 RETIREE HEALTH BENEFITS / APRIL 2020 346963 3/31/20 1,920.00 RETIREE HEALTH BENEFITS / APRIL 2020 346964 3/31/20 135.00 RETIREE HEALTH BENEFITS / APRIL 2020 346965 3/31/20 500.00 RETIREE HEALTH BENEFITS / APRIL 2020 346966 3/31/20 120.00 RETIREE HEALTH BENEFITS / APRIL 2020 346967 3/31/20 500.00 RETIREE HEALTH BENEFITS / APRIL 2020 346968 3/31/20 600.00 RETIREE HEALTH BENEFITS / APRIL 2020 346969 3/31/20 400.00 RETIREE HEALTH BENEFITS / APRIL 2020 346970 3/31/20 200.00 RETIREE HEALTH BENEFITS / APRIL 2020 346971 3/31/20 780.00 RETIREE HEALTH BENEFITS / APRIL 2020 346972 3/31/20 140.00 RETIREE HEALTH BENEFITS / APRIL 2020 346973 3/31/20 480.00 RETIREE HEALTH BENEFITS / APRIL 2020 346974 3/31/20 50.00 RETIREE HEALTH BENEFITS / APRIL 2020 346975 3/31/20 300.00 RETIREE HEALTH BENEFITS / APRIL 2020 346976 3/31/20 480.00 RETIREE HEALTH BENEFITS / APRIL 2020 346977 3/31/20 600.00 RETIREE HEALTH BENEFITS / APRIL 2020 346978 3/31/20 160.00 RETIREE HEALTH BENEFITS / APRIL 2020 346979 3/31/20 100.00 RETIREE HEALTH BENEFITS / APRIL 2020 346980 3/31/20 280.00 1/2 60 of 122 NATioNALern av OR� apon ') _) WARRANT REGISTER # 40 3/31/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT MCDANIEL, P RETIREE HEALTH BENEFITS / APRIL 2020 346981 3/31/20 290.00 MEDINA, R RETIREE HEALTH BENEFITS / APRIL 2020 346982 3/31/20 105.00 MENDOZA, G RETIREE HEALTH BENEFITS / APRIL 2020 346983 3/31/20 290.00 MINER, D RETIREE HEALTH BENEFITS / APRIL 2020 346984 3/31/20 580.00 MORRISON, R RETIREE HEALTH BENEFITS / APRIL 2020 346985 3/31/20 520.00 NAGLE, D RETIREE HEALTH BENEFITS / APRIL 2020 346986 3/31/20 460.00 NOTEWARE, D RETIREE HEALTH BENEFITS / APRIL 2020 346987 3/31/20 120.00 OLIVARES, G RETIREE HEALTH BENEFITS / APRIL 2020 346988 3/31/20 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS / APRIL 2020 346989 3/31/20 360.00 PAUU JR, P RETIREE HEALTH BENEFITS / APRIL 2020 346990 3/31/20 340.00 PEASE JR, D RETIREE HEALTH BENEFITS / APRIL 2020 346991 3/31/20 140.00 PETERS, S RETIREE HEALTH BENEFITS / APRIL 2020 346992 3/31/20 290.00 POST, R RETIREE HEALTH BENEFITS / APRIL 2020 346993 3/31/20 280.00 RAY, S RETIREE HEALTH BENEFITS / APRIL 2020 346994 3/31/20 190.00 ROARK, L RETIREE HEALTH BENEFITS / APRIL 2020 346995 3/31/20 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS / APRIL 2020 346996 3/31/20 260.00 RUIZ, J RETIREE HEALTH BENEFITS / APRIL 2020 346997 3/31/20 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS / APRIL 2020 346998 3/31/20 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS / APRIL 2020 346999 3/31/20 340.00 SHOEMSKER, M RETIREE HEALTH BENEFITS / APRIL 2020 347000 3/31/20 480.00 SHORT, C RETIREE HEALTH BENEFITS / APRIL 2020 347001 3/31/20 300.00 SMITH, J RETIREE HEALTH BENEFITS / APRIL 2020 347002 3/31/20 320.00 STEWART, W RETIREE HEALTH BENEFITS / APRIL 2020 347003 3/31/20 200.00 STRASEN, W RETIREE HEALTH BENEFITS / APRIL 2020 347004 3/31/20 135.00 TIPTON, B RETIREE HEALTH BENEFITS / APRIL 2020 347005 3/31/20 250.00 VERRY, L RETIREE HEALTH BENEFITS / APRIL 2020 347006 3/31/20 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS / APRIL 2020 347007 3/31/20 480.00 WHITE, J RETIREE HEALTH BENEFITS / APRIL 2020 347008 3/31/20 230.00 YBARRA, A RETIREE HEALTH BENEFITS / APRIL 2020 347009 3/31/20 220.00 AIP Total 65,490.00 GRAND TOTAL $ 65,490.00 61 of 122 2/2 CERTIFICATION IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 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, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF MAY 2020. AYES NAYS ABSENT 62 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 63 The following page(s) contain the backup material for Agenda Item: Warrant Register #41 for the period of 4/1/20 through 4/7/20 in the amount of $4,018,407.45. (Finance) Please scroll down to view the backup material. 63 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #41 for the period of 4/1/20 through 4/7/20 in the amount of $4,018,407.45. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 4/1i20 - 4/7/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Baker Electric Inc 347022 141,885.75 Las Palmas Pool Electrical Dick Miller Inc 347040 922,740.15 Paradise Creek Park Expansion Portillo Concrete 347074 269,492.20 Euclid Ave Bicycle & Ped Enh. SD Mechanical Energy 347083 284,708.30 NC Public Library Chiller Select Electrical Inc 347086 63,628.91 Citywide Traffic Signal & ADA Imp. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $4,018,407.45. APPROVED: `04/zJ 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 $4,018,407.45. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 41 64 of 122 CALIFORN1A+�__ PAYEE ACE UNIFORMS & ACCESSORIES INC AETNA BEHAVIORAL HEALTH AIR POLLUTION CONTROL DISTRICT ALDEMCO ALL FRESH PRODUCTS ALTA LANGUAGE SERVICES INC AMEDEE, W ANGELO'S TOWING AND RECOVERY APWA SAN DIEGO CHAPTER AT&T AT&T BAJA PARTS & EQUIPMENT INC BAKER ELECTRIC INC BAVENCOFF JR, D CALIFA GROUP CALIFORNIA ELECTRIC SUPPLY CLAIMS MANAGEMENT ASSOCIATES CLAIMS MANAGEMENT ASSOCIATES CLEAN HARBORS ENVIRONMENTAL CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC CONCENTRA MEDICAL CENTERS COSTAR REALTY INFORMATION INC COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL SYSTEMS COX COMMUNICATIONS CV VENTURES LLC DAY WIRELESS SYSTEMS DE LAGE LANDEN DEPARTMENT OF JUSTICE DICK MILLER INC EBSCO INFORMATION SERVICES EXPRESS PIPE AND SUPPLY FEDEX FORDYCE CONSTRUCTION INC FRAUSTO, R GEOSYNTEC CONSULTANTS INC GOLDEN BELL PRODUCTS INC GONZALES, G GONZALES, G GRAINGER HAAKER EQUIPMENT COMPANY HERNANDEZ, A IDEMIA IDENTITY & SECURITY USA IRON MOUNTAIN JJJ ENTERPRISES KD 18TH LLC NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 41 4/7/2020 DESCRIPTION STATION UNIFORMS EMPLOYEE ASSISTANCE PROGRAM - APRIL FIRE STATION NO. 34 FOOD / NUTRITION CONSUMABLES NUTRITION EMPLOYEE BILINGUAL TESTING MILEAGE REIMBURSEMENT TOWING SERVICE PD VEHICLES APWA MEMBERSHIP / LOPEZ / ENGINEERING AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 PARTS - CAT LOADER FRONT BUCKET LAS PALMAS POOL ELECTRICAL TRAINING REIM ASSOCIATION OF THRT SUBSCRIPTION RENEWAL FOR PRONUNCIATOR PC FIXTURE / PW PROFESSIONAL SERVICES PROFESSIONAL SERVICES CONTRACT SERVICES MOP 80331 AUTO SUPPLIES - PW CHEMICALS - CHLORINE, ACID TABLETS PRE -EMPLOYMENT PHYSICAL ANNUAL SUBSCRIPTION FROM 7/1/20-11/30/20 MAIL PROCESSING SERVICES CITYWIDE ON -SITE HVAC SERVICES COX DATA VIDEO SERVICES FY20 FAIR SHARE CONTRIBUTION COMMUNICATIONS EQUIP. SERVICE LEASE 20 SHARP COPIERS FOR FY20. NEW EMPLOYEE FINGERPRINT RESULTS / PD PARADISE CREEK PARK EXPANSION DATABASE LEARNING EXPRESS SUBSCRIPTION CITYWIDE PLUMBING PARTS, MATERIALS TOOL PERSONNEL INVESTIGATION MATERIALS PUBLIC LIBRARY 2ND FLOOR TUTORING FL. TRAINING REIM FRAUSTO BCKGRD INV JOES POCKET FARM SEWER CLEAN 350 TRAINING REIM / PD TRAINING REIM FIREARMSE / PD GRAINGER MOP FY20 6 WIRE SKID 4" TIGER TAIL 36" TRAINING REIM POLICE BDG A HERNANDEZ NEW EMPLOYEE FINGERPRINT TEST SUBMISSION RECORD MANAGEMENT AND STORAGE FOR FY20 FIRE AND SECURITY ALARM MONITORING REFUND FOR 2017-7358 THRU 7363 C&D DEPOSIT CHK NO 347010 347011 347012 347013 347014 347015 347016 347017 347018 347019 347020 347021 347022 347023 347024 347025 347026 347027 347028 347029 347030 347031 347032 347033 347034 347035 347036 347037 347038 347039 347040 347041 347042 347043 347044 347045 347046 347047 347048 347049 347050 347051 347052 347053 347054 347055 347056 DATE 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 AMOUNT 950.63 1,034.62 460.00 1,565.22 242.11 66.00 31.05 900.00 243.00 8,942.73 591.92 2,543.74 141,885.75 20.00 1,995.00 998.33 7,200.00 6,400.00 932.74 82.54 3,256.19 924.00 2,063.85 1,502.53 270.00 3,860.06 3,173.72 1,000.54 2,939.63 224.00 922,740.15 4,355.00 4,129.19 72.68 10,581.20 74.96 5,631.05 179.44 521.57 265.83 2,772.14 108.75 69.49 14.00 426.42 235.00 14,201.60 1/3 65 of 122 CALIFORN1A+�__ PAYEE KD 18TH LLC KD 18TH LLC KD 18TH LLC KNOX SERVICES KTUA LASER SAVER INC LOPEZ, TERESA YOLANDA METEAU JR, R MONTANEZ, RICK MUNICIPAL CODE CORPORATION NEW READERS PRESS NV5 INC OFFICE SOLUTIONS BUSINESS OVERLAND CONSTRUCTION, INC. PARTS AUTHORITY METRO LLC PARTS AUTHORITY METRO LLC PENSKE FORD PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RAD CONSTRUCTION RELY ENVIRONMENTAL ROCKLIKE CONSTRUCTION CO. INC. SAN DIEGO GAS & ELECTRIC SAN DIEGO MECHANICAL ENERGY SDG&E SEAPORT MEAT COMPANY SELECT ELECTRIC INC SHARP ELECTRONICS CORPORATION SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STATEWIDE TRAFFIC SAFETY SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TAB PRODUCTS CO TERMINIX INTERNATIONAL THE REGENTS OF THE UNIVERSITY THE SHERWIN WILLIAMS CO THE STAR NEWS NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 41 4/7/2020 DESCRIPTION 2017-6772 & 6773 - REFUND OF C&D DEPOSIT REFUND FOR 2018-7822 C&D DEPOSIT REFUND OF 2018-7764 C&D DEPOSIT KNOX ATTORNEY SERVICES/ CAO WATERFRONT TO HOMEFRONT MOP / INK CARTRIDGES / PD TRANSLATION SERVICES SHRM MEMBERSHIP 2020 REFUND OF CONSTRUCTION & DEMO DEPOSIT MUNICIPAL CODE SUPP #54, UPDATE 1 BOOKS FOR LITERACY COLLECTION GEOTECHNICAL OBSERVER PARADISE CREEK MOP83778 - OFFICE PAPER / LIBRARY OVERPMT OF 2019-9290 BUILDING PLAN CHECK MOP 75943 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FOR FY 2019 EUCLID AVE.BICYCLE & PED. ENH. PRO LOGIX, BATTERY CHARGER MOP 45707 PAINT SUPPLIES / NSD TEMP SERVICES MOP 45742 LAUNDRY SERVICES - PW REFUND OF 2020-9579 CONST & DEMO DEP FIRE STA.,#31,34.PD,CITY HALL REFUND OF 2019-8524 C&D FOR WASTE DISPOSAL GAS & ELECTRIC / NUTRITION NATIONAL CITY PUBLIC LIBRARY CHILLER GAS AND ELECTRIC UTILITIES FOR FOOD / NUTRITION CITYWIDE TRAFFIC SIGNAL & ADA IMP. MAINTENANCE 20 SHARP COPIERS FOR FY20 MOP 69277 LANDSCAPE SUPPLIES - PW CASA DE SALUD TEEN SNAKS BUSINESS CARD IMPRINTS / VM RIOS BAR SPRING / PW MOP 45758 GENERAL AUTO SUPPLIES - PW ADDITIONAL INVOICE 80285 COVID-19 VIDEO CONFERENCE MOP OFFICE SUPPLIES/HED 28" CONES OR/BLACK 7LBS W/6 RE WATER BILL FOR FACILITIES FY 2020 FOOD NUTRITION TAB FILING SUPPLIES CITY OWNED FACILITIES ONGOING PEST NEWSPAPER DIGITIZATION PROJECT MOP 77816 PAINT SUPPLIES / NSD ADVERTISING NOTICES FOR FY20 CHK NO 347057 347058 347059 347060 347061 347062 347063 347064 347065 347066 347067 347068 347069 347070 347071 347072 347073 347074 347075 347076 347077 347078 347079 347080 347081 347082 347083 347084 347085 347086 347087 347088 347089 347090 347091 347092 347093 347094 347095 347096 347097 347098 347099 347100 347101 347102 347103 DATE 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 4/7/20 AMOUNT 4,980.20 3,457.00 3,022.60 79.75 12,360.00 418.47 160.00 219.00 3,920.00 661.00 3,092.15 40,150.19 457.73 212.80 248.40 142.69 139.43 269,492.20 818.80 1,018.68 5,088.00 593.15 219.20 6,488.38 2,436.70 187.82 284,708.30 10,804.40 371.88 63,628.91 3,033.51 160.65 255.90 50.23 160.15 85.40 17,724.82 2,134.71 1,983.45 499.96 12,854.52 2,210.24 104.68 1,060.00 30,000.00 118.14 92.25 2/3 66 of 122 CALIFORNIA F__ PAYEE T'S & SIGNS TURF STAR INC U S BANK U S BANK VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WEST COAST ARBORISTS WEST COAST ARBORISTS INC WEST, GRAY WILLY'S ELECTRONIC SUPPLY SECTION 8 HAPS PAYROLL Pay period Start Date 6 3/9/2020 NATIONAL tarry ?NCORPQRAT8D . WARRANT REGISTER # 41 4/7/2020 DESCRIPTION COMMUNITY SERVICES EMERGENCYS BACK PACKS CABLE BREAK / PW CREDIT CARD CHARGES / HR CREDIT CARD CHARGES / CSD MOP 46453 BUILDING SUPPLIES - PW VERIZON CELLULAR SERVICES FOR FY20 GRACO GREEN DOT LASER GUIDE JANITORIAL SUPPLIES ONGOING TREE TRIMMING SERVICE ARBORIST SERVICES REFUND OF 2019-8727 C&D DEPOSIT MOP 45763 BUILDING SUPPLIES - PW Start Date End Date 4/1/2020 4/7/2020 End Date Check Date 3/23/2020 4/1/2020 CHK NO DATE AMOUNT 347104 4/7/20 232.73 347105 4/7/20 112.73 347106 4/7/20 860.69 347107 4/7/20 217.01 347108 4/7/20 298.02 347109 4/7/20 146.40 347110 4/7/20 2,113.83 347111 4/7/20 3.83 347112 4/7/20 7,600.00 347113 4/7/20 16,940.00 347114 4/7/20 4,773.80 347115 4/7/20 93.00 A/P Total 1,988,176.85 994,883.00 1,035,347.60 GRAND TOTAL $ 4,018,407.45 3/3 67 of 122 CERTIFICATION IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 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, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF MAY 2020. AYES NAYS ABSENT 68 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 69 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Section 18.30.320 (Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals) of Title 18 (Zoning) of the National City Municipal Code. (Applicant: City -Initiated) (Case File No. 2019-14 A) (Planning) Please scroll down to view the backup material. 69 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT ,(4c MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City amending Section 18.30.320 (Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals) of Title 18 (Zoning) of the National City Municipal Code. (Applicant City -Initiated) (Case File 2019-14 A) PREPARED BY: Martin Reeder, AICP PHONE: 619-336-4313 EXPLANATION: Chapter 18.30.320 contains requirements for pawn shops and secondhand businesses, some of which conflict with the State of California Business and Professions Code (B&P). In particular, the Municipal Code requires that secondhand businesses be accessory to a principal use that sells the same product as new (e.g. phones, jewelry, etc.) and also requires a Conditional Use Permit (CUP). B&P Section 21625 specifically preempts these requirements. In order to avoid conflict with the B&P, NCMC Section 18.30.320 (A) (4) should be modified to replace "Conditional Use Permit" with "police permit". In addition, NCMC Section 18.30.320 (A) (7) should be removed completely, as this requirement is preempted by B&P Section 21625. Additional language has been added to ensure adequate fees are charged to offset the cost of issuing a police permit. A strikethrough/underline version of the changes are attached to this staff report. The attached Ordinance contains the requested change. DEPARTMENT: Com APPROVED BY: lopment FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act as defined in Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: x Finance MIS STAFF RECOMMENDATION: Staff concurs with the Planning Commission's recommendation and recommends that the amendments to Title 18 be adopted. BOARD / COMMISSION RECOMMENDATION: The Planning Commission unanimously recommended approval of the amendment. Ayes: Natividad, Flores, Sendt, Yamane, Garcia, Dela Paz ATTACHMENTS: 1. Findings 2. Proposed Code changes 3. Public Hearing Notice 4. Planning Commission Resolution 2020-04 5. Ordinance 70 of 122 RECOMMENDED FINDINGS FOR APPROVAL 1 That the proposed amendments to section 18.30.320 are consistent with the General Plan, as Land Use Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future city needs, which this amendment does not conflict with. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. Secondhand dealing is a commercial use that is typically permitted by right without CEQA review. ATTACHMENT 1 71 of 122 18.30.320 - Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals. A. Restrictions. 1. No pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located within two thousand feet of another such business. This shall not apply to shopping centers of fifty thousand square feet or more. 2. Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be no closer than two hundred fifty feet from residential zones. 3. No pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals shall be located east of Interstate 805. This shall not apply to shopping centers of fifty thousand square feet or more. 4. A conditional use police permit is required, the processing of which shall comply with Business and Professions Code Section 21641. The Chief of Police shall charge a nonrefundable fee(s) or the required renewal fee(s) to cover the costs of processing the police permit and actual costs incurred to process the application and to collect and transmit the fee charged by the Department of Justice. 5. A pawn shop or businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals that provides payday lending is not exempt from the regulations of payday lenders. 6. No more than six pawn shops shall be allowed within National City. 7, Secondhand dealers (as defined in the Glossary) shall only be permitted as accessory to a legitimate retail business that sells as new the item(s) in question as its primary business function. a- Total gross receipts of precious metals purchased or taken for credit shall not exceed fifty percent of total retail sales of precious metals. 8-7. All pawnbrokers and secondhand dealers shall require, at minimum, a secondhand dealer license and shall abide by state -mandated reporting requirements for secondhand tangible personal property as required in the Business and Professions Code. ATTACHMENT 2 2 72 of 122 b. These requirements shall also be required of retail businesses that offer trade-ins or credit for secondhand tangible personal property. 3 73 of 122 CITY OF NATIONAL CITY 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, May 19, 2019, to consider: A CODE AMENDMENT AMENDING SECTION 18.30.320 (PAWN SHOPS AND BUSINESSES ENGAGED IN SECONDHAND DEALING AND/OR THE PURCHASE AND SELLING OF GOLD AND OTHER PRECIOUS METALS) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. The Planning Commission conducted a Public Hearing at their meeting of May 4, 2020 and voted 6-0 to recommend adoption of the Code Amendment. Due to the precautions taken to combat the spread of coronavirus (COVID-19), City Hall, including the City Council Chambers, are closed to the public. Anyone interested in this public hearing may observe the City Council meeting on the City's website at http://www.nationalcityca.gov/government/city- clerk/council-webcast. Information on how to register comments at the public hearing will be made available prior to the meeting. 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. Michael Dalla, City Clerk ATTACHMENT 3 4 74 of 122 RESOLUTION NO. 2020-04 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, RECOMMENDING ADOPTION TO THE CITY COUNCIL OF A CODE AMENDMENT AMENDING SECTION 18.30.320 (PAWN SHOPS AND BUSINESSES ENGAGED IN SECONDHAND DEALING AND/OR THE PURCHASE AND SELLING OF GOLD AND OTHER PRECIOUS METALS) OF TITLE 18 (ZONING) OF THE NATIONAL CITY MUNICIPAL CODE. APPLICANT: CITY -INITIATED. CASE FILE NO. 2019-24 A WHEREAS, pursuant to the terms and provisions of the Government Code of the State of California, proceedings were duly initiated for the amendment of the National City Municipal Code, per Chapter 18.32.320; and, WHEREAS, the Planning Commission of the City of National City, California, considered said proposed amendment at a duly advertised public hearing held on May 4, 2020 at which time the Planning Commission considered evidence; and, WHEREAS, at said public hearings the Planning Commission considered the staff report provided for Case File No. 2019-24 A, which is maintained by the City and incorporated herein by reference; along with any other evidence presented at said hearing; and, WHEREAS, the Planning Commission recommends adoption to the City Council of the City of National City amendment to Chapter 18.30.320 (Pawn shops and businesses engaged in secondhand dealing and/or the purchase and selling of gold and other precious metals) of Title 18 (Zoning) of the National City Municipal Code; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, this action is taken in an effort to comply with applicable State and Federal law; and, WHEREAS, the action hereby taken is found to be essential for the preservation of the public health, safety and general welfare. NOW, THEREFORE, BE IT RESOLVED by the City Planning Commission of the City of National City, California, that the evidence presented to the Planning Commission at the public hearing held on May 4, 2020, support the following findings: ATTACHMENT 4 5 75 of 122 1. That the proposed amendments to section 18.30.320 are consistent with the General Plan, as Land Use Policy LU-2.9 encourages the designation of land for commercial, office, and service uses sufficient to meet future city needs, which this amendment does not conflict with. 2. That the proposed amendments have been reviewed and been found to comply with the California Environmental Quality Act (CEQA); the amendments are not considered to be a project under CEQA as there would be no physical impact as a result of the change. Secondhand dealing is a commercial use that is typically permitted by right without CEQA review. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. yCERTIFICATION: /This certifies that the Resolution was adopted by the Planning Commission at their meeting of May 4, 2020, by the following vote: AYES: Natividad, Dela Paz, Flores, Sendt, Yarnane, Garcia NAYS: None. ABSENT: None. ABSTAIN: None. CHAIRPERSON 6 76 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 77 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City adding National City Municipal Code Section 9.60 to regulate commercial cannabis. (City Manager) Please scroll down to view the backup material. 77 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City adding National City Municipal Code Section 9.60 to regulate commercial cannabis. (City Manager) PREPARED BY: Megan Gamwell, Economic Development Specialist PHONE: 619-336-4216 EXPLANATION: See attached Staff Report. DEPARTMENT: City . • . ger's Office APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: It is recommended the City Council move to introduce by title only, waive further reading, and introduce the Ordinance, with the second reading and Adoption to occur at the June 16, 2020 meeting. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Ordinance 78 of 122 Attachment 1 COUNCIL ACTIONS: The City Council may consider taking the following actions: 1. After the City Attorney reads the title of the ordinance: a. Motion to introduce first reading Ordinance adding Chapter 9.60 to the National City Municipal Code regulating Commercial Cannabis Activity. b. Motion to be read by title only, and waive further reading (requires unanimous vote); and 2. Direct staff to schedule second reading and adoption of the ordinance for the June 16, 2020 regular City Council meeting; and 3. Take such additional, related, action that may be desirable BACKGROUND/ANALYSIS • 2012 City Council initially prohibited Cannabis as part of a land -use update • January 19, 2016 City Council passed a ban on cannabis cultivation • June 18, 2019 City Council authorized staff to retain the services of HdL to assist with community outreach and the development of a draft cannabis ordinance, an application review process and cost recovery fees • September 17, 2019 HdL presented its initial findings to the City Council, after which direction was provided to staff to develop an ordinance that would allow up to three cannabis businesses through Development Agreements to be located in National City's industrial zone • October 16, 2019 through November 5, 2019 The City developed a survey to gather input from the community to help guide the development of its cannabis regulatory program, including community impacts to be addressed through regulations and programs to be funded through a community benefits fee • October 22, 2019 City staff hosted a community workshop on Cannabis in the Library Community Room • February 18, 2020 City Council directs staff to establish a set Community Benefits fee rate of 5% of gross receipts for all cannabis businesses; expand the proposed number of cannabis business operations from 3 to 6 (3 remaining in the originally proposed Industrial Zone and 3 being added to the areas zoned Tourist Commercial (CT) in the Marina District west of 1-5); and to include consumption lounges as an allowable business type in the ordinance. FIRST READING AND INTRODUCTION OF AN ORDINANCE ALLOWING COMMERCIAL CANNABIS FACILITIES Consistent with the direction given by Council on September 17th and February 18th, the ordinance is attached hereto as Attachment 2. The ordinance declares and determines that commercial cannabis activity may be allowed within the National City Industrial Zone and the Tourist Commercial Zone west of 1-5 under the following conditions. 1 of 3 79 of 122 Attachment 1 • No person may engage in any authorized commercial cannabis business or in any commercial cannabis activity within the City of National City including cultivation, manufacture, processing, laboratory testing, transporting, dispensing, distribution, or sale of cannabis or a cannabis product unless the person has the following: • A valid commercial cannabis business permit issued by the City of National City; • A valid business license issued by the City of National City; • A mandatory building inspection and all required permits and approvals which would otherwise be required for any business of the same size and intensity operating in that zone. This includes but is not limited to obtaining any required building permit(s), the National City Fire Department approvals, Health Department approvals and other zoning and land use permit(s) and approvals. • A valid state license for the commercial cannabis activity corresponding to the business permit issued by the City of National City; • Requisite approvals from the Planning Division of the National City Community Development Department; • A valid development agreement jointly negotiated with the City; • A valid State of California Seller's Permit. • No permit shall be issued pursuant to this Chapter for outdoor commercial cannabis cultivation, which is prohibited. It is a violation of this Chapter for any person or entity to engage in any outdoor commercial cannabis cultivation of any kind. NEXT STEPS IF ADOPTED • Public Hearing and first reading —Titles 9 and 10 • Strike and replace existing 18.30.340 — Commercial Marijuana Activity • Strike existing 18.30.345 • Second reading and adoption of National City Municipal Section 9.60 • Creation and adoption of a full cost recovery of application process FISCAL IMPACT: Application fees will be imposed to offset staff and consultant costs for processing applications and approvals for cannabis activities. Additional fees, and other fiscal benefit arrangements will be considered at a later date to offset additional staff and policing costs associated with ongoing cannabis operations, which costs are unknown at this time. CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") An initial review of the proposed ordinance was been conducted pursuant to the California Environmental Quality Act (California Public Resources Code §§21000, et seq., "CEQA") and CEQA regulations (14 California Code of Regulation 15000, et seq.). The proposed ordinance and resolution would delete the existing prohibition on cannabis uses in the Municipal Code and add provisions to regulate commercial cannabis activity that: (I) will not adversely affect adjoining property as to value or precedent and will not be detrimental to the area; (ii) does not authorize any new construction or use but rather describes a process that will require vetting of environmental, land use and operational issues in connection with each application for a Certificate of Approval and is therefore not a "project" under CEQA because it establishes "general policy and procedure making" (CEQA Guidelines Sec.15378(b)(2)), and constitutes "organizational or administrative activities of governments that will not result in direct or indirect physical changes in the 2 of 3 80 of 122 Attachment 1 environment" (CEQA Guidelines 15378(b)(5)); (iii) the implementing resolution is self -mitigating insofar as it provides the means for avoiding environmental impacts, if any are identified, as part of each discretionary application and as provided in NCMC Section 18.12.040 (C) each application is subject to separate environmental review under CEQA; and (iv) issuance of ministerial permits for personal, noncommercial cultivation is categorically exempt as a Class 1 or Class 5 project insofar as, at best, the activities that are authorized would constitute a minor alteration of existing public structures involving no expansion of use, or a minor Page 8 of 146 alteration in land use limitations (see 14 CCR Sections 15031, 15305). Based on the foregoing staff has determined that this ordinance is exempt from further environmental review. Local Coastal Program The proposed ordinance and implementing resolution do not amend the City's certified Local Coastal Program (LCP). The ordinance provides licensing and health and safety regulations for cannabis uses under Title 9 of the NCMC. Zoning and development standards of NCMC Title 18 are not changed except for partial repeal of the prohibition on cannabis uses under Chapter 18.30 of Division 3, which chapter is not part the LCP. Similarly, the proposed implementing resolution is declarative of existing zoning and does not alter the City's zoning map, development standards or the LCP. Accordingly, no LCP amendment or other Coastal Commission approval is required for the ordinance and resolution 3 of 3 81 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 82 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City Establishing Local Campaign Contribution Limits. (City Clerk and City Attorney) Please scroll down to view the backup material. 82 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of an Ordinance of the City Council of the City of National City Establishing Local Campaign Contribution Limits. (City Clerk and City Attorney) PREPARED BY: Michael R. Dalla PHONE: (619) 336-4226 EXPLANATION: On October 1, 2019, the City Council directed the City Attorney to prepare a Campaign Contribution Ordinance for City Council consideration that would: • Establish a $1,000 contribution limit per individual, business or union, and a $2,000 contribution limit per political party for local candidates in City elections. DEPARTMENT: City Clerk / City Attorney APPROVED BY: N Z7a.1 • The Ordinance was introduced for first reading at the City Council Meeting of May 5, 2020, and is presented for second reading and adoption on May 19, 2020. • If adopted, the effective date of the Ordinance will be January 2021. Explanation is continued on attached page. FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: X STAFF RECOMMENDATION: Conduct the Public Hearing and Adopt the Ordinance. ATTACHMENTS: Explanation PowerPoint Slide Ordinance 83 of 122 EXPLANATION (continued) At the October 1, 2019 meeting of the City Council, a presentation was made by the City Clerk regarding Campaign Contributions in National City elections. Data was presented showing a dramatic increase in campaign contributions made to National City candidates during the last four Municipal Election cycles (2012-2018). Some of the key facts contained in the City Clerk's presentation were: • 67% of the cities in San Diego have Campaign Contribution Limit Ordinances. • Contribution Limits range from $100 in Poway to $4,300 in Escondido. • The average contribution limit for all twelve (12) cities is $750.00. • Half of the cities do not allow contributions from businesses. • Total Candidate Contributions in National City increased by over 2900% from 2012 to 2018. • The average contribution per National City Candidate in 2018 was a record $49,666. • 88% of Candidate Contributions in 2018 were from outside of National City. Based on the information and data presented, the City Clerk recommended that the City Council consider joining with other cities within the County and State, and adopt a local Campaign Contribution Limit Ordinance, by approving the following: ACTION TAKEN: The City Council directed that 1) The City Attorney prepare a draft Campaign Contribution Limit Ordinance for Council review and possible adoption, with a recommended effective date of January 2021; 2) That the contribution limit in the Ordinance be established at $1,000 per individual, business or union and $2,000 per political party; 3) That the Ordinance include a mechanism for annual automatic adjustments based on changes in the Consumer Price Index (CPI). According to the City Clerk, such an Ordinance, "would be an important step toward ensuring that our local elections remain honest and fair by placing realistic and enforceable limits on the amount of money that may be contributed to political campaigns, preventing improper or undue influence by contributors, and to help maintain public trust in the electoral process". The chart on the following page shows National City in relation to the other Cities in the County if the Ordinance is adopted. 1 84 of 122 JURISDICTION CONTRIBUTION LIMIT NOTES Chula Vista $350 Per Individual No Businesses, PAC's, Unions $1,190 Per Political Party Coronado $200 Per Individual No Businesses No Limit on Political Parties Del Mar $200 Per Individual / Entity No Businesses $2,500 Per Political Party Encinitas $250 Per Individual Escondido $4,300 Per Individual, Business, Union, Political Party Lemon Grove $1,090 Per Individual, Business, Union, Political Party NATIONAL CITY $1,000 Per Individual, Business, Labor Union $2,000 Per Political Party (includes PAC's) Poway $100 Per Individual San Diego $600 Per Individual (Council) No Businesses $1,150 Per Individual (Mayor) San Marcos $250 Per Individual No Businesses $500 Per Political Party Santee $700 Per Individual Solana Beach $180 Per Individual Vista $480 Per Individual County of San Diego $850 Per Individual No Businesses 1 CITY COUNCIL 85 of 122 MAY 19, _,._.. CC/CDC-HA Agenda 5/19/2020 — Page 86 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for the on -site sale of beer and wine at a proposed restaurant (Bonchon) located at 1420 East Plaza Blvd., Suite `D-04'. (Applicant: Hosik Bang & Hyeonyee Lee) (Case File No. 2020-03 CUP) (Planning) Please scroll down to view the backup material. 86 of 122 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: May 19, 2020 AGENDA ITEM NO. ITEM TITLE: Notice of Decision — Planning Commission approval of a Conditional Use Permit (CUP) for the on -site sale of beer and wine at a proposed restaurant (Bonchon) located at 1420 East Plaza Blvd. Ste. 'D-04'. (Applicant: Hosik Bang & Hyeonyee Lee) (Case File No. 2020-03 CUP) PREPARED BY: Martin Reeder, AICP — Principal Planner PHONE: 619-336-4310 EXPLANATION: The business has applied for a Conditional Use Permit (CUP) to sell beer and wine at a proposed restaurant (Bonchon) under a Type 41 (On Sale Beer & Wine) license with the California Department of Alcoholic Beverage Control (ABC). Proposed sales hours of the beer and wine are 11:30 a.m. to 10:00 p.m. Monday through Thursday, 11:30 a.m. to 12:00 a.m. Friday and Saturday, and 5:00 p.m. to 10:00 p.m. Sunday. No live entertainment is proposed. DEPARTMENT: Commu - De elopment APPROVED BY: The Planning Commission conducted a public hearing on May 4, 2020. Commissioners asked questions regarding business operations, Police Department comments, 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. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Not a project per the California Environmental Quality Act as defined in Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Natividad, DelaPaz, Flores, Yamane, Garcia, Sendt ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2020-03 4. Reduced Plans 0/ UI IGC] 2020-03 CUP — 1420 E. Plaza Blvd. — Overhead ATTACHMENT 1 1 f........, N 88 of 122 Title: Case File No.: Location: CALIFORNIA NATIONAL CITY a;m, - - INCORPORATED COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Item no. 4 May 4, 2020 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE SALES AT AN EXISTING RESTAURANT (BONCHON) LOCATED AT 1420 E. PLAZA BLVD. STE. 'D-04' 2020-03 CUP Bay Plaza Assessor's Parcel Nos.: 557-322-15 Staff report by: Chris Stanley, Assistant Planner Applicant: Hosik Bang & Hyeonyee Lee Zoning designation: MXD-2 (Major Mixed -Use District) Adjacent use and zoning: North: South Bay Plaza / MXD-2 East: Single Family Residential / RS-2 South: National School District Administrative Center / I (Institutional) West: Single Family Residential / RS-2 Environmental review: Not a project per California Environmental Quality Act (CEQA) as defined in Section 15378 Staff recommendation: Approve ATTACHMENT 2 2 89 of 122 Planning Commission Meeting of May 4, 2020 Page 2 Staff Recommendation Staff recommends approval of the on -site sale of beer and wine at an existing restaurant, Bonchon, subject to the attached recommended conditions. The sale of alcohol is conditionally -allowed in the Major Mixed -Use District zone and would be accessory to food sales at the restaurant. Executive Summary The business has applied for a Conditional Use Permit (CUP) to sell beer and wine at an existing restaurant (Bonchon). The restaurant has applied for Type 41 (On Sale Beer & Wine) license with the California Department of Alcoholic Beverage Control (ABC). The hours for the sale of beer and wine, as proposed by the applicant, are 11:30 a.m. to 10:00 p.m. Monday through Thursday, 11:30 a.m. to 12:00 a.m. Friday and Saturday, and 5:00 p.m. to 10:00 p.m. Sunday. No live entertainment is proposed. Site Characteristics The project location is an existing 2,000 square -foot restaurant located at 1420 East Plaza Blvd. Ste. 'D-04'. The development is located on the south side of Plaza Blvd. in the middle of the block between `L' and 'N' Avenues. and is part of South Bay Plaza. Commercial uses exist to the north and west; east of the property is residential and south is the National School District Administrative Center. Proposed Use The applicant is proposing to sell beer and wine at the existing restaurant, Bonchon. Bonchon is a national chain restaurant, with one other restaurant in San Diego. The floor plan provided with this application shows three booths, nine tables, and bar seating with 19 chairs and bench seating. The proposed hours for the on -site sale of beer and wine are 11:30 a.m. to 10:00 p.m. Monday through Thursday, 11:30 a.m. to 12:00 a.m. Friday and Saturday, and 5:00 p.m. to 10:00 p.m. Sunday. 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. 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 125 occupants and owners. 3 90 of 122 Planning Commission Meeting of May 4, 2020 Page 3 Community Meeting - Pursuant to Section 18.30.050 (C) of the National City Zoning Code, a community meeting was held Monday, February 10, 2020 at 9:30 a.m. at the subject restaurant. The meeting advertisement is attached (Attachment 7); there were no attendees. The applicant stated that the same 125 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 of the site. In addition, restaurants with greater than 30% of their area devoted to seating are exempt from this distance requirement. The property in question has over 40% of its floor area devoted to seating. Alcohol Sales Concentration/Location Per ABC, there are currently 14 on -site sale licenses in this census tract (117) where a maximum of eight are recommended, meaning that the census tract is considered by ABC to be over -saturated with regard to alcohol sales outlets however, one of the 14 outlets is the subject business. For reference, the on -site alcohol outlets in the census tract are: Name Address License Type* CUP American Legion Post 255 35 E. 18th St. 52 - Chuck E. Cheese's 1143 Highland Ave. 41 Y Royal Mandarin 1132 E. Plaza Blvd. Ste. 205 & 206 41 Y VFW Post 4630 1401 Highland Ave. 52 Y Golden Chopsticks 1430 E. Plaza Blvd. E22- 23A 41 Y Ginza Sushi 925 E. Plaza Blvd. Ste. `G' 41 Y Lai Thai 1430 E. Plaza Blvd. E10-11 47 Y Cafe La Maze 1441 Highland Ave. 47 - Grill House at Big Ben 106 E. 8th St. 41 Y Yi Sushi #2 1430 E. Plaza Blvd. Ste. E-7B 41 Y Crab Fever 1420 E. Plaza Blvd. D2 41 Y Karina's 1705 Highland Ave. 41 Y Sushi Galbi 1519 Highland Ave. 41 Y Slappy's Burgers and Brews 1105 E. Plaza Blvd. 41 Y * Type 41 - On -Sale of Beer and Wine * Type 47 - On -Sale of Beer, Wine, and Liquor * Type 52 — Veteran's Club 4 91 of 122 Planning Commission Meeting of May 4, 2020 Page 4 Census tract 117 includes the area between National City Boulevard and "N" Avenue, and between East 8th Street and East 18th Street. The attached census tract map shows the location of the subject tract (Attachment 6). Hours of Operation The applicant is proposing the sale of beer and wine between the hours of 11:30 a.m. to 10:00 p.m. Monday through Thursday, 11:30 a.m. to 12:00 a.m. Friday and Saturday, and 5:00 p.m. to 10:00 p.m. Sunday. The Institute for Public Strategies (IPS) recommends that the serving of alcohol not be permitted after 10:00 p.m. The Police Department rates the sale of alcohol after 11:00 p.m. as a three on their rating system, which indicates a high risk. Institute for Public Strategies IPS did not provide comments for the proposed project, although they usually recommend that owners, management, and staff be required to attend Responsible Beverage Sales and Service (RBSS) training. In addition, IPS usually recommends that alcohol sales end 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 places it in the Medium Risk category. Medium risk is considered 13 to 18 points (see Attachment 9). 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 District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. 5 92 of 122 Planning Commission Meeting of May 4, 2020 Page 5 Alcohol sales are permitted, subject to a CUP, by the Land Use Code, which is consistent with the General Plan. A restaurant use is consistent with the Major Mixed -Use District 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. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXD-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of beer and wine would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed sale of beer and wine would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of beer and wine 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 and wine will be sold after 12:00 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). 6 93 of 122 Planning Commission Meeting of May 4, 2020 Page 6 Per Section 15378, the project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. 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. Beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sale 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: Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets — 14 off -sale outlets are permitted where eight are recommended by the California Department of Alcoholic Beverage Control — and the area has a high crime rate. 2. The proposed use is not deemed essential to the public necessity, as there are already 12 restaurants in the same census tract that serve alcohol. 3. Based on the above findings, public convenience and necessity will not be served by a proposed use of the property for the retail sale of alcoholic beverages pursuant to law. 7 94 of 122 Planning Commission Meeting of May 4, 2020 Page 7 Conditions of Approval Standard Conditions of Approval have been included with this permit as well as conditions specific to on -site alcohol sales per Council Policy 707 (hours of operation, employee training, accessory sales, etc.). 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 District zone. The proposed use would be accessory to the existing restaurant use in a commercial area. The addition of on -site beer and wine sales is not expected to increase the demand for parking, other services on the property, or have any significant effects on the area. Although the census tract in which the restaurant is located is over -concentrated with regard to on -sale alcohol licenses, beer and wine will only be available with the sale of food. 8 95 of 122 Planning Commission Meeting of May 4, 2020 Page 8 Options 1. Approve 2020-03 CUP subject to the conditions listed within, based on the attached findings, or findings to be determined by the Planning Commission; or 2. Deny 2020-03 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. 2020-03 CUP, dated 1/22/2020) 5. Public Hearing Notice (Sent to 125 property owners & occupants) 6. Census Tract & Police Beat Maps 7. Community Meeting Advertisement 8. City Council Policy 707 9. Police Department Comments 10. Resolutions CHRIS STANLEY Assistant Planner ARMANDO VERGARA Director of Community Development 9 96 of 122 RECOMMENDED FINDINGS FOR APPROVAL 2020-03 CUP — 1420 E. Plaza Blvd. Ste. D-04 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 District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 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 restaurant use is consistent with the Major Mixed -Use District 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. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXD-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of beer and wine would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of beer and wine sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, 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 12 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because per Section 15378, the project is not 10 97 of 122 considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. 7. The proposed use is deemed essential and desirable to the public convenience or necessity because beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site sales of alcoholic beverages pursuant to law. 11 98 of 122 RECOMMENDED FINDINGS FOR DENIAL 2020-03 CUP — 3030 1420 E. Plaza Blvd. Ste. D-04 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets —14 off -sale outlets are permitted where eight are recommended by the California Department of Alcoholic Beverage Control — and the area has a high crime rate. 2. The proposed use is not deemed essential to the public necessity, as there are already 12 restaurants in the same census tract that 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. 12 99 of 122 RECOMMENDED CONDITIONS OF APPROVAL 2020-03 CUP — 1420 E. Plaza Blvd. Ste. D-04 General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at an existing restaurant located at 1420 E. Plaza Blvd. Ste. D-04. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-03 CUP, dated 1/22/2020. 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 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. 13 100 of 122 7. The sale of alcoholic beverages shall be permitted only between the hours of 11:30 a.m. to 10 p.m. Monday through Thursday, 11:30 a.m. to 12 a.m. Friday and Saturday, and 5 p.m. to 10 p.m. Sunday. 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. No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit. Police 11. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. 14 101 of 122 -0-6 CALIFORNIA ;-= N U.ON °! L Cyr y TimY 2NCORPDRATED - J1 COMMUNITY DEVELOPMENT DEPARTMENT - PLANNING DIVISION 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT FOR THE ON -SITE SALE OF BEER AND WINE AT AN EXISTING RESTAURANT (BONCHON) LOCATED AT 1420 E. PLAZA BLVD. STE. D-04 CASE FILE NO: 2020-03 CUP APN: 557-322-15 The National City Planning Commission will hold a public hearing at their regular online meeting after the hour of 6:00 p.m. Monday, May 4, 2020 on the proposed request. The meeting will be LIVE WEBCAST from the City Council Chamber, 1243 National City Boulevard, National City, California. (Applicant: Hosik Bang & Hyeonyee Lee) Due to the precautions taken to combat the spread of coronavirus (COVID-19), City Hall, including the City Council Chambers, are closed to the public. Anyone interested in this public hearing may observe it on the City's website at http://www.nationalcityca.gov/government/city-clerk/council-webcast. The project site is an existing restaurant in the Major Mixed -Use District (MXD-2) zone. The applicant is proposing to sell beer and wine for on -site consumption (Type 41 License) in the 2,000 square -foot commercial space. The proposed alcohol sales hours are 11:30 a.m. to 10 p.m. Monday through Thursday, 11:30 a.m. to 12 a.m. Friday and Saturday, and 5 p.m. to 10 p.m. Sunday. Members of the public are invited to comment. Written comments should be received on or before 4:00 p.m., May 4, 2020 by the Planning Division, who can be contacted at 619-336-4310 or planning©nationalcityca.gov. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DIVISION ARMANDO VERGARA Director of Community Development 15 102 of 122 August 25, 2014 U CensusTracts 2010 1:45,467 0 0.375 0.75 1.5 mi 0 0.5 1 2 km Sources: Esri, HERE, DeLorme, TomTom, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), swisstopo, Mapmylndia, OpenStreetMapcontributors, and the GIS User Community 16 103 of 122 N II Boston Awe U, Z=St L -----,,-_ar : 4P f, Bet3h � za JI Pelin St Cohan Si Q( ILJ U P3Ah - Reynolds St _fit 30 1L1 IF SoIda=Ave Sat1 Q I s K PAagrnas l, IT 7 gt x n 5- 2q t y iii Lv,15 cn _..2gYt` 5t Las Palms .'. A.h St Copyright© and CP) 1999 2006 tti rosofl Corporation andrwr its suppliers. All rigntsreser ell Poilions 01950-2o0s In tall:'nield ofte/are Corporation All Halls resented Cellain mapping and di�eciion data 0 uuS,N,,nrr•E'O All rights reserved. NAVTEQ and IMV1EO ON.6OA.PD are iradern r1n�oiN 1rTEC1:North America, Tele Atlas NoAmerica, Inc. All rights' reserued. Tele Atlas and Tele Allas Morro America are trademarks of Tele Atlas; Inc. ` afq ocP a 5 5° 6 560 St Source: Microsoft Mappoint NCPD CAU, 4/18/07 p f 4 0 p a Shia* s� 1� rc0 City of National City Beat 21 17 104 of 122 Dear whom I may concern, B&L Inc. DBA name Bonchon, National City is holding a community meeting to apply new ABC (Alcohol beverage control). The community meeting will be held in the location below: Date & Time: Feb. 10th 2020 9:30am to 10:30am 1420 E Plaza Blvd suite D-04, National City, CA 91950 Sincerely, Hosik Bang and Hyeonyee Lim 18 105 of 122 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: December 19, 2017 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. 19 106 of 122 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: December 19, 2017 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 20 107 of 122 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: December 19, 2017 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." b. "No loitering is allowed." 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 21 108 of 122 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: December 19, 2017 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. (brewery 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. (brewery tasting rooms) Sales of sealed containers (commonly known as growlers) for off -site consumption of the beer produced by the master licensee may be sold and/or consumed at this location. 19. (brewery 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. (brewery 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 more than 15 points, no business license shall be issued without the issuance of a Conditional Use Permit. CITY OF NATIONAL CITY 22 109 of 122 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: December 19, 2017 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 23 110 of 122 NATIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 01/29/2020 BUSINESS NAME: Bonchon ADDRESS: 1420 E. Plaza Blvd, Ste D-04, National City, CA 91950 OWNER NAME: Hosik Bang DOB: 02/09/1964 OWNER ADDRESS: 4690 Convoy St., Ste. 101, San Diego, 92111 (add additional owners on page 2) I. Type of Business 1 Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (1 pt) II. Hours of Operation Daytime hours (1 pt) Close by 1 1pm (2 pts) ,/ Close after 1 l pm (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) Notes: II. Closes after 11 pm on Fridays and Saturdays. V. Tract allows for 8 on -sale licenses. There are 13 currently active. VI. 24 calls for service between 8/2019 - 1/2020 Revised: 8/16 24 111 of 122 National City Police Department ABC Risk Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) Average (2 pts) ✓ Above (3 pts) VII. Proximity Assessment (1/4 mile radius of location) Mostly commercial businesses (1 pt) ,/ Some businesses, some residential (2 pts) Mostly residential (3 pts) VIII. Owner(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk ( 12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points 15 OWNER NAME: Hyonyee Lim DOg: 02/05/1968 OWNER ADDRESS: 808 4th Ave, #317, San Diego, CA 92101 OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Sgt. W. Walters Revised: 8/16 Badge ID: 398 25 112 of 122 RESOLUTION NO. 2020-03 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA APPROVING A CONDITIONAL USE PERMIT FOR ON -SITE BEER AND WINE SALES AT A PROPOSED RESTAURANT LOCATED AT 1420 EAST PLAZA BOULEVARD SUITE D-04 CASE FILE NO. 2020-03 CUP APN: 564-322-15 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for the on -site sale of beer and wine at a new restaurant for a property located at 1420 E. Plaza Blvd. Ste. D-04 at a duly advertised public hearing held on May 4, 2020, 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. 2020-03 CUP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on March 16, 2020, 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 Major Mixed -Use District zone pursuant to a CUP, and the proposed use meets the required guidelines in the Land Use Code for alcohol sales, as discussed in the staff report. 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 restaurant use is consistent with the Major Mixed -Use District 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. ATTACHMENT 3 26 113 of 122 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. The proposal involves an accessory use for an existing suite. Potential development in this zone (MXD-2) was analyzed for traffic impacts during the most recent Land Use Update. Because the sale of beer and wine would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of the use being proposed, including access, utilities, and the absence of physical constraints because the proposed alcohol sales would be accessory to an existing restaurant use where no expansion of the premises is proposed. The addition of beer and wine sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance, 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 12 a.m. and will only be available with the sale of food. In addition, all business staff is required to receive RBSS training. 6. The proposed project has been reviewed in compliance with the California Environmental Quality Act because per Section 15378, the project is not considered a project under CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. 7 The proposed use is deemed essential and desirable to the public convenience or necessity because beer and wine sales would contribute to the viability of the restaurant, an allowed use in the Major Mixed -Use District zone. 8. Based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the on -site 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: 27 114 of 122 General 1. This Conditional Use Permit authorizes the sale of beer and wine for on -site consumption at an existing restaurant located at 1420 E. Plaza Blvd. Ste. D-04. Plans submitted for permits associated with this project shall conform to Exhibit A, Case File No. 2020-03 CUP, dated 1/22/2020. 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 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 11:30 a.m. to 10 p.m. Monday through Thursday, 11:30 a.m. to 12 a.m. Friday and Saturday, and 5 p.m. to 10 p.m. Sunday. 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 28 115 of 122 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. No live entertainment is permitted without modification of this CUP or issuance of a Temporary Use Permit. Police 11. Permittee shall comply with all regulatory provisions of the Business and Professions Code that pertain to the sale, serving, and consumption of alcoholic beverages. 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 May 4, 2020, by the following vote: AYES: Natividad, Dela Paz, Flores, Sendt, Yamane, Garcia NAYS: None. ABSENT: None. ABSTAIN: None. Chi CHAIRPERSON 29 116 of 122 SYMBOL LEGEND PROJECT SUMMARY s i--eca. wen %� PROJECT C W��iO�rN.uwnruaanuluoe,u. SCOPE �}gf ' •. all /111/01 ^,- ' ®C �0.. . EMMIEL II.MI 0.103.10 ate %eoro U� APPLICABLE BUILDING CODES aNew-nnN SIDa..*� fmrq BONGGAOY1® NN,OCRAFIEGTASTEBMVON BONCHON RESTAURANT 1540 E. PLAZA BLVD. SUITE U•04 NATIONAL CITY, CA 91050 a� Z } �€ 4 ra... El 6 Mawrmle CO Tx. EENN,, 100.0010011.0013 .B.A xaEm.uaeC..E 0 0Wak 1 j{ II -_ SITE PLAN N..%e °Oa? 1r BUILDING DATA x Po.x..AREA MUFF as..LLsy 77 iF ABBREVIATIONS 000.1. � " '�"""" V PROJECT DATA HON RESTAURANT .8110.01.100111313 m•' 01111011.1 _et lava-maw.- 11.00, PM PM ME rmx le `� I w m.w P+iar�n. l Q we..B.. ., .. ........ RERTROOM PLUMBING FIXTURE CALCULATIONS en_ _ PROJECT DIRECTORY a ARCHITECT OWNER c `^\\`\\`\\\\y\ M Ave. O SHEET INDEX VICINITY MAP r [1 I I I I I I I I I I L ARCHITECTURAL nEPansNBEz GE.HOE '' L —oLeLe•-M _— oLE, Ac¢PEeIurvBEran L« IINY,..MITSC EDULE5A40l.eE,oE,a rWNWIN000ELHeFAEEZERSPECBNEET pAa L 11111 II II— PLOORWIIEHPUNLRE}TERCEILNGMN A� MEMNON I,AN INf9tlORElEVATge A8 M6100RflLVAIINI 5 0` . 4 �, . Q "\\ \\\ \\\\\\\\\\\\\� r:�,. 110 tioCE '�Cpµ T Pl.....00GTPLAN 1...1 nNJ SPEC SMUT E• POA'FRPLAN1 OGRRVO PUN EQ UMW,. r: V ; ON:.®.Ns »aaop ..• $ , xl NOTXAIDWATFP0UPPLY.OA9YNEEWAETEPWI Ty. 4 ka''�iu� r NAveA .. • AI I.(; :j r ,r 4 A-0 ATTACHMENT 4 30 117 of 122 EQUIPMENT SCHEDULE C'J : SERVICE COUNTER DETAIL INTERIOR WALL DETAIL R.r.R O FLOOR PLAN NO ROOM AWE NOON BASE WALLS REMARKS ior 101 OSAPIACK sR'<No Raw OR no ARM MACON 1 1 a r 1 '1 5 1 i } 4q kFIF .41 AoqE e aszn sow 1 FINISH SCHEDULE NOTES: 9 PG Rf IxeaWcwNR,ri..adaar tow a Pe mini wool NRMrNn a ro. am, ANTS WI* �hw&*So&sA1si o.a�win:oh. &M rARM&uei MA�`iaA ag rON O&mg*¢ro4 MO AM..4a%.o r) A„A AM RMINRfw I MIA 0.orrMN.R.l..d 1Rma. AMA �M m�•mmrroeNh PRO w.n RA...Oa SRA cm& Mle Mao m &No Alitsc9ROOR a* to mod Sm QA Y�tft a +717.11 + telertmbV.+W4Lt.a ti.IX.FM ✓lytouon]ffWl.F er®1 0..rr ^^N'^le"Y4-W FLOOR PLAN EL WYYI6I MO n RM1MIYo11®JEMIEUIS RIM 061 RR MI Ru¢w T IDS RISEPRAIN O &REA (Rs) common NG oEa 54F1 NOR to won REARM NEa Q CD CO CD CO DO DMA RI COY& NKR ORTo oW AR SA RICO (11.0-1b/RA&IFISTIOACE 3-COOP OR NC RR[ RING R NNlawwR •RD WARTIARC Imn.W. Sawa mot Rfs-os IK rh rR ID aa SMONAIARI OD m m WAIL KORA Ms mg IOW • Ma SOAR& Ow RWg Down ems RY&WM&ROAR man roe :.SIT MAN sew aria& mum &I RAE Arms o W Awes mew ro-o-Roo-ma K4T n-A-lowa iK DR rA rA IW GO DER TAM Mr nso-ort OD m an ¢ ooNnyWoso. ORA FROM ewe Ep so IR 43 Aso OD OD OD gcr-e- M nN,Wr ONO RAO tS11,.n.M,N1 N1,ew1 MICE veym. MR. RpnwL RUWN 'oar norm YAM 4n' OD OD OD ▪ RE Roo M R,a Rap w IRAw Raw na NRNx ✓Kmmo Ammo ORM&sal. EW r R. AUG LEM ARe• 00 0N/RIR w.c Sruffw oro Rom 1100 m OD MO CSO OD OCES CAS NR'ULNMM - icsEERVICS EAR COUNTER O MOO OARIEMOR NMIR14 ORRR NIRIR tarn WT L WNW INYIRNRE I'0U.4WR rO NAM k POWER CASHIER OOLIITER O SERYICR BAR SERVICE AREA COVE BASE NO USE N*A nommium infra RIM, luau. ECTION O IXYYNIRR WALL RERTIRN O SERVICE AREA SOFFIT DETAIL OD OD 6 z A us loss 0*-os oconil BONCHON RESTAURANT 4e PA A-2 31 118 of 122 DIMENSION PLAN & ELEVATIONS :-0 Ir-C 61 n I r • �' Y-T" . CONSTRUCTION CO. DesICNCo..�+ i b H/yy/iGQ/ flr�4 ur. IY-6 u.[ I////ME r �_�'6r'al I 110 rn�r� Y4lfr. 1' 'O I9 \ Wm r ¢g� wy-� LLQ i t 1 Y-g' I ' " '^'. Mil MI .. • i t .. l31 r \.` a-e' '^.°^'.a.SC::r. FFi. .-wa13 INTERIOR ELEVATION INTERIOR ELEVATION ` O ..." ._ yy 1 a ; 17 If3333.. V%/!/l//�11f.I1/A :•% • f ,-0A9611W $ A� MI Art IG; kr,. + In MAI IIL0 tlIr8 l 1134 All $ ,-0M(Nayag1 r-rnn. t I 1� R e-cr us. 1,3133.3 0 on cool oeCC P CC MIIsr ill 1 b � ® L:A (II] PM91gO0x ® INTERIOR ELEVATION INTERIOR MIEMO? IZI ELEVATION 1 BONCHON F r .OV CtOY‘ lip 1020 E. 112e1a BLVO 11A0222AFTEDTASTE SPAVCR NAT1.NAI CI TY, CA I II cy Z r ANI -0'mur. ¢ x ma nc$ -A ,r--urAm,amc 8 ' i 1 j(j m: _d ...�rwan r I-F.; b • .� a: ..1- r . MI nrinrr r INTERIOR ELEVATION INTERIOR ELEVATION to ! I-c_.. "' scnelM'•Pa• 8 :mt . .Ili A-4 32 119 of 122 INTERIOR ELEVATIONS nr-A Au. BIA 14 Ail 0 1 ra r. 0 r+x Asus INTERIOR ELEVATION SCIACl/rd-e INTERIOR ELEVATION MAE:I/1,1-e r-tl Au. 1-BP D>ro I —�y DI II I=1 INTERIOR ELEVATION SCAM+/4•-1'd ir7 INTERIOR ELEVATION snaEa/r=r-a 4,7 111-1C]L] g-0'A m`.,A AYys QWi LEF 1 v au, rn'wArr. d-CArr. Y-0-All. �Ax �se T• BONCHON RESTAURANT Qa SMOVI A-5 33 120 of 122 CC/CDC-HA Agenda 5/19/2020 — Page 121 The following page(s) contain the backup material for Agenda Item: COVID-19 Update. (City Manager) Please scroll down to view the backup material. 121 of 122 Item # 05/19/20 COVID-19 Update (City Manager) 122 of 122