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Agenda Packet - 04-21-2020 CC HA Agenda - NOT FINAL (3)
CALIFORNIA -,+ NNTIONAL CI11. 13:3'1 \- 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 the City's website at WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ONLINE ONLY MEETING https://www.nationalcityca.gov/webcast LIVE WEBCAST COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, APRIL 21, 2020 — 6:00 PM NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority. The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19). The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act. As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcityca.gov. Written comments or testimony from the public must be submitted via e-mail to clerk@nationalcityca.gov by 4:30 p.m. on the day of the City Council Meeting. 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 on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at www.nationalcityca.gov. PUBLIC COMMENTS: The Elected Body will receive public comments via e-mail at clerk(a�nationalcityca.gov regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Written comments must be submitted via e-mail to clerkgnationalcityca.gov by 4:30 p.m. on the day of the City Council Meeting. The time limit established for public testimony is three minutes per speaker. The Mayor or Chairperson may limit the 1 of 221 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 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. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.qov. Los comentarios o testimonios escritos del publico deben enviarse por correo electronico a clerk@nationalcityca.gov antes de las 4:30 p.m. en el dia de la junta del Concejo Municipal. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.qov. COMENTARIOS PUBLICOS: El Organo Electo recibira comentarios publicos enviados por correo electronico a clerk@nationalcityca.gov sobre cualquier asunto dentro de la jurisdiccion del 2 of 221 Ayuntamiento y/o la Comision de Desarrollo Comunitario. Los comentarios por escrito deben enviarse por correo electronico a clerk(a)nationalcityca.gov antes de las 4:30 p.m. en el dia de la sesion del Concejo Municipal. El limite de tiempo establecido para el testimonio publico es de tres minutos por expositor. La Alcaldesa o el Presidente pueden limitar Ia duracion de los comentarios debido a la cantidad de personas que desean hablar o si los comentarios se vuelven repetitivos o inconexos. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante la aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier terra puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta. 3 of 221 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG BUSINESS RELATING TO SPECIAL MUNICIPAL ELECTION MARCH 3, 2020 1. Resolution of the City Council of the City of National City reciting the results of the Special Municipal Election held on Tuesday, March 3, 2020 declaring the vote pursuant to California Election Code 10262 and such other matters as provided by law. (City Clerk) 2. Resolution of the City Council of the City of National City implementing the People's Adoption of City Council Ordinance No. 2019-2463 as the People's Ordinance which pursuant to statute is considered Adopted upon the date of certification of the Election results which adds Chapter 8.38 to the National City Municipal Code. (City Attorney) PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 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 considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Approval of the Minutes of the Amended Special Meeting of the City Council of March 17, 2020. (City Clerk) 5. Resolution ot the City Council ot the City ot National City authorizing the Mayor to execute a three year agreement between the City of National City and EsGil, LLC for a not -to -exceed amount of $800,000 to provide on -call plan reviews, permit processing, construction inspections, code enforcement 4 of 221 services and related services for various City departments including but not limited to Building, Fire, and Engineering. (Building) 6. Resolution of the City Council of the City of National City: 1) approving the following project proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017 — Roosevelt Avenue Street Resurfacing; 2) reaffirming to the public and State the City's intent to fund previously proposed and adopted projects with RMRA revenues; and 3) authorizing the establishment of a Gas Tax Fund appropriation of $1,176,782 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with A Reason to Survive, Inc. (ARTS) to allow for production of additional bike racks funded by a San Diego Association of Governments (SANDAG) Active Transportation Grant Program (ATGP) grant and local matching funds, and authorizing the Mayor to execute the Amendment. (Engineering/Public Works) 8. Investment transactions for the month ended January 31, 2020. (Finance) 9. Warrant Register #36 for the period of 2/26/20 through 3/3/20 in the amount of $1,443,903.30. (Finance) 10. Warrant Register #37 for the period of 3/4/20 through 3/10/20 in the amount of $1,806,802.44. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 11. Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,534 per new residential dwelling unit to $2,584 per unit beginning July 1, 2020. (Engineering/Public Works) 12. Public Hearing and Adoption of a Resolution by the City Council of the City of National City: 1) approving the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2021 through 2025 consisting of the following projects: Plaza Blvd Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgrades (NC04) and Citywide Safe Routes to School (NC15); and 2) authorizing the establishment of a TransNet Proposition "A" Fund appropriation of $1,430,000 for FY 2021 and corresponding revenue budget. (Engineering/Public Works) 5 of 221 13. Public Hearing and Introduction 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 14. Resolution of the City Council of the City of National City authorizing various Fiscal Year 2020 mid -year budget adjustments. (Finance) NEW BUSINESS 15. City of National City comprehensive annual financial report (CAFR) and single audit report on federal awards for the fiscal year ended June 30, 2019. (Finance) 16. Temporary Use Permit - Request from Murphy's Produce to conduct an emergency food distribution event at 1031 National City Boulevard on April 25, 2020 and May 9, 2020 from 8:00 a.m. - 11:00 a.m. The applicant has requested a waiver of all fees. (Neighborhood Services) 17. City Council 2020 Legislative Recess. (City Clerk) 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 18. Current Vacancies on Boards and Commissions. (City Clerk) 19. COVID-19 Update. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT 6 of 221 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - May 5, 2020 - 6:00 p.m. - Council Chambers - National City, California. 7 of 221 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City reciting the results of the Special Municipal Election held on Tuesday, March 3, 2020 declaring the vote pursuant to California Election Code 10262 and such other matters as provided by law. (City Clerk) Please scroll down to view the backup material. 8 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City reciting the results of the Special Municipal Election held on Tuesday, March 3, 2020 declaring the vote pursuant to California Election Code 10262 and such other matters as provided by law. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: (619) 336-42261 APPROVED BY: N Z7 EXPLANATION: ,Once the County of San Diego Registrar of Voters has canvassed the election and provided an "Official Canvass" of the returns to the City Clerk, the City Council must meet and adopt a Resolution to "Declare Results" pursuant to California Election Code 15400, incorporating the "Official Canvass" into the Resolution as Exhibit 'A'. FINAL ELECTION RETURNS Measure H: Shall the City Clerk & City Treasurer be Appointed? Votes NO 4059 52 Yes 3747 48 % Measure J: Shall Ordinance 2019-2463 (Banning Pet Sales) be Adopted? Votes YES 5054 62 No 3126 38 °/d FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: PowerPoint Slide — Final Results Resolution with Exhibit 'A' (Certified "Official Canvass" from the Registrar of Voters.) Official Canvass Measure H: Shall the City Clerk and City Treasurer be Appointed? Votes 0/0 NO 4059 52 Yes 3747 48 Measure J: Shall Ordinance No. 2019-2463 (Banning Pet Sales) be Adopted? Votes % YES 5054 62 No 3126 38 CITY COUN APRIL 10 of 221 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RECITING THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON MARCH 3, 2020, AND DECLARING THE VOTE AND SUCH OTHER MATTERS AS PROVIDED BY LAW WHEREAS, a Special Municipal Election was held and conducted in the City of National City ("City"), California, on Tuesday, March 3, 2020, as required by law; and WHEREAS, notice of the election was given in time, form, and manner as provided by law; that voting precincts were properly established; that election officers were appointed, and that in all respects, the Election was held and conducted, and the votes were cast, received, and canvassed, and the returns made and declared in time, form, and manner, as required by the provisions of the Elections Code of the State of California for the holding of elections in general law cities; and WHEREAS, the City Clerk canvassed the returns of the election and has certified the results to this City Council, the results are received, attached, and made a part hereof as "Exhibit A". NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: SECTION 1. That the whole number of votes (ballots) cast at the polls for Measure "H", except by mail voter ballots, was 2822. And that the whole number of vote by mail ballots cast for Measure "H" was 5877 making a total of 8699 *votes (ballots) cast in the City for Measure "H". That the whole number of votes (ballots) cast at the polls for Measure "J", except by mail voter ballots, was 2822. And that the whole number of vote by mail ballots cast for Measure "J" was 5877, making a total of 8699 *votes (ballots) cast in the City for Measure "J". SECTION 2. The City Council does declare and determine that as a result of the election, a majority of the voters voting on the Measure to appoint the Offices of the City Clerk and City Treasurer (Measure "H") did not vote in favor of it, and that the Measure was not carried, and shall not be deemed adopted and ratified. 11 of 221 Resolution No. 2020- Page Two SECTION 3. The City Council does declare and determine that as a result of the election, a majority of the voters voting on the Measure to adopt Ordinance No. 2019-2463 regarding pet sales (Measure "J") did vote in favor of it and it was carried and shall be deemed adopted and ratified as of April 21, 2020 the date of the adoption of this Resolution. PASSED and ADOPTED this 21st day of April, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil Morris -Jones City Attorney 12 of 221 MICHAEL VU Registrar of Voters April 2, 2020 Enuntg of $rnt Pirgo REGISTRAR OF VOTERS County Operations Center Campus 5600 Overland Avenue, Suite 100, San Diego, California 92123-1266 Telephone: (858) 565-5800 Toll -free: 1 (800) 696-0136 TDD: (858) 694-3441 Facsimile: (858) 694-2955 Web Address: www.sdvote.com TO: Andrew Potter Clerk of the Board of Supe • FROM: L. Michael V Registrar of oters CYNTHIA L. PAES Assistant Registrar Of Voters PRESIDENTIAL PRIMARY ELECTION MARCH 3, 2020 ELECTION CERTIFICATION Enclosed are the certification documents for the following election: Jurisdiction: Presidential Primary Election Election Date: March 3, 2020 Please contact my staff at (858) 505-7210 if you have any questions regarding this matter. Enclosures (2) c: Supervisor Greg Cox, Chair Supervisor Jim Desmond, Vice Chair Supervisor Dianne Jacob Supervisor Kristin Gaspar Supervisor Nathan Fletcher Helen N. Robbins -Meyer, Chief Administrative Officer Donald F. Steuer, Assistant Chief Administrative Officer, Chief Operating Officer Tracy Sandoval, General Manager, Finance & General Government Group County Office of Education EXHIBIT 'A' 13 of 221 c: Continued Cities: Carlsbad Chula Vista Del Mar Lemon Grove National City Oceanside San Diego Community College Districts: Grossmont-Cuyamaca San Diego School Districts: Cajon Valley Chula Vista Escondido Lakeside Poway San Diego San Ysidro 14 of 221 CERTIFICATION OF COUNTY CLERK/REGISTRAR OF VOTERS OF THE RESULTS OF THE CANVASS OF THE MARCH 3, 2020, PRESIDENTIAL PRIMARY ELECTION STATE OF CALIFORNIA COUNTY OF SAN DIEGO } ss. I. Michael Vu , County Clerk/Registrar of Voters of County of San Diego , do hereby certify that, in pursuance of the provisions of Elections Code section 15300, et seq.. 1 did canvass the results of the votes cast in the Presidential Primary Election held in said County on March 3, 2020, for measures and contests that were submitted to the vote of the voters, and that the Statement of Votes Cast, to which this certificate is attached is fidl, true, and correct. I hereby set my hand and official seal this 02 day of April , 2020. at the County of San Diego inty ler • egistrar of oters County of San Diego State of California Canvass Certification of Elections Official (032020) 15 of 221 Fade. 1 of 24 d/ 2!30_0 4:37: I9 PM Elector Group Total COUNTY OF SAN DIEGO PRESIDENTIAL PRIMARY ELECTION Tuesday, March 3, 2020 Official Results (San Diego Portion Only) Counting Group Voters Cast Registered Voters Turnout Polls 253,973 13.91% Mail 653,629 35.81% Total 907,602 1,825,237 49.73% Precincts Reported: 1,862 of 1,862 (100.00%) PRESIDENT OF THE UNITED STATES REP (Vote for 1) REP Precincts Reported: 1,862 of 1,862 (100.00%) Candidate Party Total DONALD J. TRUMP REP 249,219 93.13% BILL WELD REP 6,640 2.48% JOE WALSH REP 5,562 2.08% ROQUE "ROCKY" DE LA REP 3,151 1.18% FUENTE ROBERTARDINI REP 1,109 0.41% MATTHEW JOHN MATERN REP 1,050 0.39% ZOLTAN G. ISTVAN REP 866 0.32% Total Votes 267,603 Total Denis C. Grasska WRITE-IN 6 0,00% Robert Lee Manning Jr. WRITE-IN 0 0.00% 16 of 221 Page: 1 of 24 PRESIDENT OF THE UNITED STATES DEM (Vote for i) DEM Precincts Reported: 1,862 of 1,862 (100.00%) Candidate Party Total BERNIE SANDERS DEM 178,055 35.80% JOSEPH R. BIDEN DEM 138,905 27.93% ELIZABETH WARREN DEM 63,745 12.82% MICHAEL R. BLOOMBERG DEM 61,482 12.36% PETE BUTTIGIEG DEM 25,908 5.21% AMY KLOBUCHAR DEM 11,413 2.29% TOM STEYER DEM 8,235 1.66% TULSI GABBARD DEM 3,055 0.61% ANDREW YANG DEM 2,899 0.58% JULIAN CASTRO DEM 977 0.20% ROQUE "ROCKY" DE LA DEM 457 0.09% FUENTE III CORY BOOKER DEM 412 0.08% MARIANNE WILLIAMSON DEM 411 0.08% MICHAEL BENNET DEM 372 0.07% MARK STEWART GREENSTEIN DEM 257 0.05% JOHN K. DELANEY DEM 227 0.05% MICHAEL A. ELLINGER DEM 186 0.04% JOE SESTAK DEM 176 0.04% DEVAL PATRICK DEM 110 0.02% MOSIE BOYD DEM 108 0.02% Total Votes 497,390 Total Nakia L. Anthony WRITE-IN 0 0.00% Daphne Denise Bradford WRITE-IN 0 0.00% Willie Felix Carter WRITE-IN 0 0.00% Michael Dename WRITE-IN 0 0.00% Jeffrey H. Drobman WRITE-IN 0 0.00% Robert Jordan WRITE-IN 0 0.00% Heather Marie Stagg WRITE-IN 0 0.00% PRESIDENT OF THE UNITED STATES AI (Vote for 1) AI Precincts Reported: 1,862 of 1,862 (100.00%) Candidate Party Total PHIL COLLINS Al 1,589 29.88% ROQUE "ROCKY" DE LA FUENTE Al 1,531 28.79% DON BLANKENSHIP Al 907 17.06% J.R. MYERS Al 687 12.92% CHARLES KRAUT Al 604 11.36% Total Votes 5,318 4/2/2020 4:37:19 PM 17 of 221 Page: 3 of 24 4/2/2020 4:37:19 PM PRESIDENT OF THE UNITED STATES PF (Vote for 1) PF Precincts Reported: 1,862 of 1,862 (100.00%) Candidate Party Total GLORIA LA RIVA PF 337 67.54% HOWIE HAWKINS PF 162 32.46% Total Votes 499 PRESIDENT OF THE UNITED STATES LIB (Vote for 1) LIB Precincts Reported: 1,862 of 1,862 (100.00%) Candidate Party Total JACOB HORNBERGER LIB 620 22.32% VERMIN SUPREME LIB 394 14.18% JO JORGENSEN LIB 385 13.86% KEN ARMSTRONG LIB 240 8.64% KIM RUFF LIB 193 6.95% DAN BEHRMAN LIB 178 6.41% ADAM KOKESH LIB 176 6.34% SAM ROBB LIB 164 5.90% MAX ABRAMSON LIB 151 5.44% ERIK CHASE GERHARDT LIB 79 2.84% SOURAYA FAAS LIB 78 2.81% STEVEN A RICHEY LIB 71 2.56% KEENAN WALLACE DUNHAM LIB 45 1.62% Total Votes 2,778 Total Sorinne Ardeleanu WRITE-IN 4 0.14% Nicholas D'Artagnan Dumas WRITE-IN 0 0.00% Geby Eva Espinosa WRITE-IN 0 0.00% James Orlando Ogle WRITE-IN 0 0.00% PRESIDENT OF THE UNITED STATES GRN (Vote for 1) GRN Precincts Reported: 1,862 of 1,862 (100.00%) Candidate Party Total HOWIE HAWKINS GRN 305 35.18% DARIO HUNTER GRN 212 24.45% SEDINAM MOYOWASIFZA- CURRY GRN 172 19.84% DENNIS LAMBERT GRN 119 13.73% DAVID ROLDE GRN 58 6.69% Total Votes 867 Total Kent Mesplay WRITE-IN 1 0.12% 18 of 221 Page: 4 of 24 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 71ST ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 285 of 285 (100.00%) Candidate Party Total CHRISTINA PERRY DEM 15,174 11.45% SHARON B. COX DEM 13,606 10.27% TINA RYNBERG DEM 13,500 10.19% MARILYN RILEY DEM 13,094 9.88% ERIN CLARK DEM 13,003 9.82% JUDITH K. WALTERS DEM 10,006 7.55% TIFFANY MAPLE DEM 9,014 6.80% TOM LEMMON DEM 8,377 6.32% CHRIS PEARSON DEM 8,220 6.21% RYAN DARSEY DEM 7,403 5.59% J. ERIC HEREFORD DEM 7,390 5.58% ROBERT GRAND DEM 7,053 5.32% JAMES ELIA DEM 6,630 5.00% Total Votes 132,470 REPUBLICAN COUNTY CENTRAL COMMITTEE 71ST ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 285 of 285 (100.00%) Candidate Party Total JOEL ANDERSON REP 34,043 17.82% FRANK 1. HILLIKER REP 24,329 12.74% JIM KELLY REP 17,438 9.13% DUSTIN TROTTER REP 15,206 7.96% MARK BRYAN REP 14,590 7.64% DAN BICKFORD REP 12,772 6.69% BARON T. "BARRY" WILLIS REP 12,222 6.40% GARY G. KREEP REP 11,724 6.14% RON NEHRING REP 10,223 5.35% STEVE ROBAK REP 9,170 4.80% JORDAN GASCON REP 8,201 4.29% CHRISTINE LA MARCA REP 7,429 3.89% JILL BARTO REP 7,393 3.87% MIKE HARRISON REP 6,285 3.29% Total Votes 191,025 19 of 221 Page: 5 of ?4 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 75TH ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 201 of 201 (100.00%) Candidate Party Total GLORIA R. CONEJO DEM 11,721 9.00% THERESA"TERRY" CORRALES DEM 11,291 8.67% HEATHER ROBERTS DEM 11,117 8.53% GEORGINE TOMASI DEM 10,600 8.14% GIBHRAN JIMENEZ DEM 9,936 7.63% VANESSA VALENZUELA DEM 9,511 7.30% TIFFANY E. BOYD-HODGSON DEM 8,230 6.32% ANTONIO R. ROBLES DEM 8,043 6.17% WAYNE LU DEM 7,793 5.98% ROBERT "BOB" J. HAMILTON DEM 6,329 4.86% GEORGE VAN HASSELT DEM 6,305 4.84% NICOLLE LEEDS DEM 5,847 4.49% PAM BLAND DEM 5,561 4.27% MICHAEL F. SUMMERS DEM 5,385 4.13% VALENTINE RICHARD DEM 4,491 3.45% MACEDO GARY BLAND DEM 4,471 3.43% ARMANDO J. TELLES DEM 3,626 2.78% Total Votes 130,257 REPUBLICAN COUNTY CENTRAL COMMITTEE 75TH ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 201 of 201 (100.00%) Candidate Party Total REGINA W. ROBERTS REP 22,790 17.51% KIMBERLY MEAD REP 18,487 14.20% MATT STOCKTON REP 15,001 11.52% ALANA SORENSEN REP 13,131 10.09% LEE J. DE MEO REP 13,064 10.04% RANDY BERHOLTZ REP 12,218 9.39% C. BRIAN MELONAKOS REP 9,995 7.68% BRIAN TINNEY REP 7,841 6.02% DUNCAN FANE REP 7,134 5.48% WILLIAM DEL PILAR REP 5,704 4.38% JENNIFER DE MEO REP 4,803 3.69% Total Votes 130,168 20 of 221 Page: b or ?•-! 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 76TH ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 249 of 249 (100.00%) Candidate Party Total FRANCINE BUSBY DEM 19,243 9.26% ESTHER C. SANCHEZ DEM 18,184 8.75% SHERI SACHS DEM 14,093 6.78% MEGAN LEY DEM 13,884 6.68% CECILY "CESS" RESNICK DEM 13,765 6.63% LINDA SUE SLATER DEM 13,110 6.31% MARGUERITE KEALEY DEM 11,518 5.54% ROBERT "ROB" HOWARD DEM 11,320 5.45% BILL FOWLER DEM 11,176 5.38% KYLE BRIGHT DEM 11,013 5.30% LUKE TESLUK DEM 10,454 5.03% SARAH SPINKS DEM 10,227 4.92% VALENTINE MACEDO JR. DEM 9,518 4.58% DINAH POELLNITZ DEM 8,952 4.31% KYLE KRAHEL DEM 8,427 4.06% DANIEL R.F. O'DONNELL DEM 7,438 3.58% MARIE "MARIA" MCENEANY DEM 7,082 3.41% MICHAEL BULLOCK DEM 6,177 2.97% KEVIN SABELLICO DEM 2,177 1.05% Total Votes 207,758 REPUBLICAN COUNTY CENTRAL COMMITTEE 76TH ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 249 of 249 (100.00%) Candidate Party Total MELANIE BURKHOLDER REP 21,734 14.29% JUDY REES REP 15,092 9.92% DONNA CLEARY REP 14,480 9.52% PATTI A. SIEGMANN REP 14,227 9.35% JOHN BUELL REP 13,812 9.08% DUANE SIEGMANN REP 13,553 8.91% MARK MUIR REP 12,650 8.32% LESLIE SCHNEIDER REP 11,623 7.64% ROARKE SHANLEY REP 10,631 6.99% RAY PEARSON REP 7,908 5.20% MAUREEN "MO" MUIR REP 6,439 4.23% THOMAS KROUSE REP 5,878 3.86% JOSEPH PIMENTEL REP 2,314 1.52% DENNIS A. SISNEROS REP 1,753 1.15% Total Votes 152,094 21 of 221 Page: 7 of 24 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 77TH ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 308 of 308 (100.00%) Candidate Party Total LORI SALDANA DEM 27,086 14.52% MELINDA K. VASQUEZ DEM 19,154 10.27% LAUREN BIER DEM 18,212 9.76% OCTAVIOAGUILAR DEM 17,187 9.21% RYAN TRABUCO DEM 15,445 8.28% ESTHER "SUNNY" DEM 15,402 8.26% ESCOVEDO INDRONEAL BANERJEE DEM 13,114 7.03% TERRY NORWOOD DEM 12,722 6.82% JASON M. BERCOVITCH DEM 11,212 6.01% RIA OTERO DEM 10,382 5.57% ZUBAIRAHMAD DEM 10,182 5.46% TORREY POWERS DEM 8,4114 4.53% DANNY JACKSON DEM 8,007 4.29% Total Votes 186,549 REPUBLICAN COUNTY CENTRAL COMMITTEE 77TH ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 308 of 308 (100.00%) - Candidate Party Total CARL DEMAIO REP 26,976 18.41% TONY P. KRVARIC REP 17,496 11.94% T.J. ZANE REP 13,824 9.43% BRIAN PEPIN REP 12,999 8.87% ANDREW D. SKALE REP 12,186 8.31% LYNETTE J WILLIAMS REP 11,867 8.10% MILES HIMMEL REP 11,398 7.78% KELLY BATTEN REP 11,162 7.62% DARREN GRETLER REP 9,813 6.70% MICHAEL ALLMAN REP 9,210 6.28% THERESE WATSON REP 5,909 4.03% KELLI HILLARD REP 3,716 2.54% Total Votes 146,556 22 of 221 Page: 8 of 24 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 78TH ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 304 of 304 (100.00%) Candidate Party Total SARAH K. DAVIS DEM 22,866 8.37% BRYAN PEASE DEM 22,226 8.14% RICK BATES DEM 19,985 7.31% PRATIMA GUPTA DEM 19,483 7.13% BECCA TAYLOR DEM 18,518 6.78% WILLIAM RODRIGUEZ- DEM 17,664 6.47% KENNEDY GRETCHEN NEWSOM DEM 17,489 6.40% PARISA IJADI-MAGHSOODI DEM 14,917 5.46% RAMON ESPINAL DEM 13,691 5.01% LOXIE GANT DEM 13,673 5.00% BERNADETTE BUTKIEWICZ DEM 13,141 4.81% HUY "JEAN-HUY" TRAN DEM 12,724 4.66% JONATHAN "CODY" PETTERSON DEM 10,766 3.94% WENDY LEVY BATTERSON DEM 10,259 3.76% CYNARA KIDWELL DEM 8,676 3.18% CODI VIERRA DEM 8,521 3.12% CHYANN-MARIE COX DEM 7,888 2.89% OREN ROBINSON DEM 7,308 2.67% KEVIN LOURENS DEM 6,947 2.54% ZACH BUNSHAFT DEM 6,464 2.37% Total Votes 273,206 23 of 221 Page: 9 of 24 4/2/2020 4:37:19 PM REPUBLICAN COUNTY CENTRAL COMMITTEE 78TH ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 304 of 304 (100.00%) Candidate Party Total RICHARD BAILEY REP 14,592 13.77% ELIZABETH SPILLANE REP 10,382 9.80% BRADLEYGERBEL REP 9,872 9.31% AIMEE FAUCETT REP 8,451 7.97% FRANCIS BARRAZA REP 7,724 7.29% JEAN ROESCH REP 7,641 7.21% MATTHEW G. PHY REP 7,620 7.19% DANIELT. HOLSTEIN REP 5,808 5.48% JENNIFER BRYANT REP 5,103 4.82% MARY SCYOCURKA REP 4,936 4.66% JULIO DEGUZMAN JR. REP 4,654 4.39% JOHN "WOODY" WOODRUM REP 3,981 3.76% TJ CHALHOUB REP 3,722 3.51% DELIA MICHELLE SANCHEZ- REP 3,022 2.85% HUFFMAN DONNA J. WOODRUM REP 2,359 2.23% WASKAH M. WHELAN REP 2,308 2.18% MELANIE WOODS REP 1,995 1.88% MAGGIE J. CAMPBELL REP 1,811 1.71% Total Votes 105,981 24 of 221 Page: 10 of 24 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 79TH ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 288 of 288 (100.00%) Candidate Party Total TAISHA BROWN DEM 18,438 8.87% STEVE PADILLA DEM 15,876 7.64% EVLYN ANDRADE DEM 13,467 6.48% EDUARDO REYES DEM 13,183 6.34% DANNY ORTIZ DEM 12,601 6.06% DONNETTA E. MOORE DEM 12,543 6.03% BRANDON COOPERSMITH DEM 12,373 5.95% TEMIKA M. COOK DEM 11,712 5.63% KATHRYN MEYER DEM 11,453 5.51% SHANE PARMELY DEM 10,255 4.93% NIDIA CASTANEDA DEM 10,020 4.82% JESUS CARDENAS DEM 9,292 4.47% CONNOR P. NESSELER DEM 8,753 4.21% ANDREA BETH DAMSKY DEM 8,051 3.87% DAVID MYERS DEM 7,706 3.71% SAMANTHA JENKINS DEM 7,502 3.61% MIRIAM KANTER PLOTKIN DEM 7,343 3.53% ANGELA DE JOSEPH DEM 6,567 3.16% JEHOAN JOVANNY DEM 5,397 2.60% ESPINOZA DAN SHOOK-CASTILLO DEM 5,366 2.58% Total Votes 207,898 REPUBLICAN COUNTY CENTRAL COMMITTEE 79TH ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 288 of 288 (100.00%) Candidate Party Total JOHN MCCANN REP 12,821 14.37% TAMARA RODRIGUEZ REP 11,518 12.91% JOHN HOY REP 10,134 11.36% JOHN MOORE REP 9,122 10.23% GEORGE R. WILLIAMS REP 8,619 9.66% PATRICIA O'MARA REP 8,304 9.31% HECTOR RAUL GASTELUM REP 7,273 8.15% BARRETT TETLOW REP 6,998 7.85% MORGAN MURTAUGH REP 5,601 6.28% DYLAN GRAHAM REP 5,019 5.63% ANTHONY MENDIOLA REP 3,787 4.25% Total Votes 89,196 25 of 221 Page: 11 of 24 4/2/2020 4:37:19 PM DEMOCRATIC COUNTY CENTRAL COMMITTEE 8oTH ASSEMBLY DISTRICT (Vote for 6) DEM Precincts Reported: 227 of 227 (100.00%) Candidate Party Total DAVID ALVAREZ DEM 17,417 9.80% VIVIAN MORENO DEM 14,272 8.03% NATHAN FLETCHER DEM 13,082 7.36% ANDREA CARDENAS DEM 10,419 5.86% EDDIE PADILLA DEM 8,361 4.70% GRETEL RODRIGUEZ DEM 8,067 4.54% ROBERTO ALCANTAR DEM 7,852 4.42% STEVE CASTANEDA DEM 7,751 4.36% VICTORIA A. BARBA DEM 7,498 4.22% GENOVEVA AGUILAR DEM 7,466 4.20% DELFINA GONZALEZ DEM 6,840 3.85% RAFAEL A. PEREZ DEM 6,615 3.72% SARA S. KENT DEM 6,211 3.50% BRENDA AGUIRRE ARNOLD DEM 5,923 3.33% JOSE G. SANCHEZ DEM 5,618 3.16% JUDITH NUNEZ DEM 5,444 3.06% KELVIN H. BARRIOS DEM 5,387 3.03% CHRISTINA GRIFFIN-JONES DEM 4,970 2.80% KATE BISHOP DEM 4,590 2.58% JONATHAN "JOHNNY" DEM 4,107 2.31% SWANSON CHRISTOPHER GRIS DEM 3,732 2.10% JOSE F. CERDA DEM 3,641 2.05% ANGELICA "ANGEL" DEM 3,609 2.03% GODINEZ CHRISTOPHER A. VALLEJO DEM 2,643 1.49% CATHIE HYATT DEM 2,542 1.43% TRAVIS KNOWLES DEM 1,927 1.08% TODD VOORHEES DEM 1,724 0.97% Total Votes 177,708 26 of 221 Page: 12 of 24 4/2/2020 4:37:19 PM REPUBLICAN COUNTY CENTRAL COMMITTEE 8oTH ASSEMBLY DISTRICT (Vote for 6) REP Precincts Reported: 227 of 227 (100.00%) Candidate Party Total CRAIG A. CANDELORE REP 6,737 14.19% WILLIAM "BUD" MCLEROY REP 6,210 13.08% PAULA WHITSELL REP 5,827 12.27% LINCOLN PICKARD REP 5,624 11.84% ROBERT M. SANTOS REP 4,266 8.98% CASSANDRA NICOLE SHAND REP 3,926 8.27% MARCO CISNEROS REP 3,909 8.23% CHERYL B. PEREZ REP 3,860 8.13% ALLAN CANDELORE REP 3,709 7.81% 1.D. BOLS REP 3,422 7.21% Total Votes 47,490 PEACE & FREEDOM COUNTY CENTRAL COMMITTEE 5TH SUPERVISORIAL DISTRICT (Vote for 4) PF Precincts Reported: 350 of 350 (100.00%) Candidate Party Total JORDAN MILLS PF 59 25.65% JULIANA MUSHEYEV PF 57 24.78% RACHEL ANN SYLVESTER PF 54 23.48% ERIC S. MCGILL PF 37 16.09% ANZY MCWHA PF 23 10.00% Total Votes 230 UNITED STATES REPRESENTATIVE 49TH DISTRICT (Vote for 1) Precincts Reported: 326 of 326 (100.00%) Candidate Party Total MIKE LEVIN DEM 99,270 60.04% BRIAN MARYOTT REP 66,073 39.96% Total Votes 165,343 27 of 221 Page: 13 of 24 4/2/2020 4:37:19 PM UNITED STATES REPRESENTATIVE 5oTH DISTRICT (Vote for 1) Precincts Reported: 375 of 375 (100.00%) Candidate Party Total AMMAR CAMPA-NAJJAR DEM 67,452 36.91% DARRELL ISSA REP 40,625 22.23% CARL DEMAIO REP 36,835 20.16% BRIAN W. JONES REP 20,202 11.06% MARISA CALDERON DEM 9,957 5.45% NATHAN "NATE" WILKINS REP 3,809 2.08% JOSE CORTES PF 1,587 0.87% HELEN L. HORVATH NONE 1,070 0.59% HENRY ALAN OTA NONE 835 0.46% LUCINDA KWH JAHN NONE 367 0.20% Total Votes 182,739 UNITED STATES REPRESENTATIVE 51ST DISTRICT (Vote for 1) Precincts Reported: 267 of 267 (100.00%) Candidate Party Total JUAN C. VARGAS DEM 62,611 73.07% JUAN M HIDALGO, JR REP 23,073 26.93% Total Votes 85,684 UNITED STATES REPRESENTATIVE 52ND DISTRICT (Vote for 1) Precincts Reported: 435 of 435 (100.00%) Candidate Party Total SCOTT PETERS DEM 111,897 49.12% JIM DEBELLO REP 73,779 32.39% NANCY L. CASADY DEM 36,422 15.99% RYAN CUNNINGHAM NONE 5,701 2.50% Total Votes 227,799 28 of 221 Page: 14 of 24 4/2/2020 4:37:19 PM UNITED STATES REPRESENTATIVE 53RD DISTRICT (Vote for 1) Precincts Reported: 459 of 459 (100.00%) Candidate Party Total SARA JACOBS DEM 58,312 29.13% GEORGETTE GOMEZ DEM 39,962 19.97% CHRIS STODDARD REP 25,962 12.97% JANESSA GOLDBECK DEM 17,041 8.51% FAMELA RAMOS REP 15,005 7.50% MICHAEL PATRICK ORISTIAN REP 14,807 7.40% TOM WONG DEM 7,265 3.63% ANNETTE MEZA DEM 4,446 2.22% JOSEPH R. FOUNTAIN DEM 4,041 2.02% JOSE CABALLERO DEM 3,226 1.61% JOAQUIN VAZQUEZ DEM 3,078 1.54% JOHN BROOKS DEM 2,820 1.41% FERNANDO GARCIA NONE 1,832 0.92% SUZETTE SANTORI DEM 1,625 0.81% ERIC ROGER KUTNER DEM 734 0.37% Total Votes 200,156 STATE SENATOR 39TH DISTRICT (Vote for 1) Precincts Reported: 605 of 605 (100.00%) Candidate Party Total TONI ATKINS DEM 212,626 91.94% Total Votes 231,269 Total Linda Blankenship WRITE-IN 18,643 8.06% MEMBER OF THE STATE ASSEMBLY 71ST DISTRICT (Vote for 1) Precincts Reported: 285 of 285 (100.00%) Candidate Party Total RANDY VOEPEL REP 70,044 60.86% LIZ "ELIZABETH" LAVERTU DEM 45,043 39.14% Total Votes 115,087 MEMBER OF THE STATE ASSEMBLY 75TH DISTRICT (Vote for 1) Precincts Reported: 201 of 201 (100.00%) Candidate Party Total MARIE WALDRON REP 52,951 55.23% KAREN "KATE" SCHWARTZ DEM 37,516 39.13% ROGER GARCIA DEM 5,398 5.63% Total Votes 95,865 29 of 221 Page. 15 of 24 4/2/20204:37:19 PM MEMBER OF THE STATE ASSEMBLY 76TH DISTRICT (Vote for 1) Precincts Reported: 249 of 249 (100.00%) Candidate TASHA BOERNER HORVATH MELANIE BURKHOLDER Total Votes Party Total DEM 77,792 57.55% REP 57,391 42.45% 135,183 MEMBER OF THE STATE ASSEMBLY 77TH DISTRICT (Vote for 1) Precincts Reported: 308 of 308 (100.00%) Candidate Party Total BRIAN MAIENSCHEIN DEM 86,998 57.47% JUNE YANG CUTTER REP 64,384 42.53% Total Votes 151,382 MEMBER OF THE STATE ASSEMBLY 78TH DISTRICT (Vote for 1) Precincts Reported: 304 of 304 (100.00%) Candidate Party Total CHRIS WARD DEM 69,125 55.62% SARAH DAVIS DEM 34,410 27.69% MICAH PERLIN DEM 20,741 16.69% Total Votes 124,276 MEMBER OF THE STATE ASSEMBLY 79TH DISTRICT (Vote for 1) Precincts Reported: 288 of 288 (100.00%) Candidate Party Total SHIRLEY N. WEBER DEM 74,121 65.70% JOHN MOORE REP 19,619 17.39% CARMELITA "C.L." REP 19,080 16.91% LARRABASTER Total Votes 112,820 MEMBER OF THE STATE ASSEMBLY 8oTH DISTRICT (Vote for 1) Precincts Reported: 227 of 227 (100.00%) Candidate Party Total LORENA GONZALEZ DEM 56,872 72.72% JOHN J. VOGEL REP 13,999 17.90% LINCOLN PICKARD REP 7,334 9.38% Total Votes 78,205 30 of 221 Page16 of 2,1 4i7l=Li_p n:3T199 PM JUDGE OF THE SUPERIOR COURT OFFICE NO. 18 (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate CJ MODY ROBERTA WINSTON Total Votes Party Total 393,975 53.99% 335,797 46.01% 729,772 JUDGE OF THE SUPERIOR COURT OFFICE NO. 22 (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate ALANA WONG ROBINSON MARK SKEELS STEVE MILLER Total Votes Party Total 398,792 54.88% 224,937 30.95% 102,965 14.17% 726,694 JUDGE OF THE SUPERIOR COURT OFFICE NO. 3o (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate PAUL STARITA TIM NADER PETE MURRAY MIKE MURPHY Total Votes Party Total 206,374 30.51% 175,609 25.96% 150,654 22.27% 143,779 21.26% 676,416 JUDGE OF THE SUPERIOR COURT OFFICE NO. 36 (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate MICHELLE IALEGGIO SHAWN A. MCMILLAN Total Votes Party Total 531,553 77.08% 158,043 22.92% 689,596 GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA 3 (Vote for 1) Precincts Reported: 51 of 51 (100.00%) Candidate Party Total JULIE SCHORR 10,448 75.60% BARTOSZ "BARTEK" MURAWSKI 3,373 24.40% Total Votes 13,821 31 of 221 Page: 17 of 24 4/2/2020 4:37:19 PM GROSSMONT-CUYAMACA COMMUNITY COLLEGE DISTRICT GOVERNING BOARD MEMBER TRUSTEE AREA 4 (Vote for 1) Precincts Reported: 76 of 76 (100.00%) Candidate ELENA ADAMS JORDAN GASCON Total Votes Party Total 14,307 56.82% 10,874 43.18% 25,181 SAN DIEGO COMMUNITY COLLEGE DISTRICT MEMBER, BOARD OF TRUSTEES DISTRICT B (Vote for 1) Precincts Reported: 125 of 125 (100.00%) Candidate BERNIE RHINERSON DANIEL PIEDRA Total Votes Party Total 33,745 67.34% 16,364 32.66% 50,109 SAN DIEGO COMMUNITY COLLEGE DISTRICT MEMBER, BOARD OF TRUSTEES DISTRICT D (Vote for 1) Precincts Reported: 127 of 127 (100.00%) Candidate MARY GRAHAM MIKE PALOMBA ALEX LOUPE Total Votes Party Total 27,587 72.08% 6,334 16.55% 4,350 11.37% 38,271 SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER, BOARD OF EDUCATION DISTRICT A (Vote for 1) Precincts Reported: 111 of 111 (100.00%) Candidate SABRINA BAZZO CRYSTAL TRULL STEPHEN GROCE Total Votes Party Total 23,273 48.84% 16,329 34.26% 8,054 16.90% 47,656 SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER, BOARD OF EDUCATION DISTRICT D (Vote for 1) Precincts Reported: 124 of 124 (100.00%) Candidate RICHARD ANDREW BARRERA Total Votes Camille Harris Marco Cisneros Party Total 38,220 97.14% 39,345 Total WRITE-IN 1,040 2.64% WRITE-IN 85 0.22% 32 of 221 Page: 18 of 24 4/2/2020 4:37:19 PM SAN DIEGO UNIFIED SCHOOL DISTRICT MEMBER, BOARD OF EDUCATION DISTRICT E (Vote for i) Precincts Reported: 108 of 108 (100.00%) Candidate Party Total SHARON D. WHITEHURST- PAYNE 16,514 54.98% LAWANA RICHMOND 13,524 45.02% Total Votes 30,038 MEMBER, BOARD OF SUPERVISORS DISTRICT NO. >< (Vote for i) Precincts Reported: 322 of 322 (100.00%) Candidate BEN HUESO NORA VARGAS RAFA CASTELLANOS SOPHIA RODRIGUEZ ALEX GALICIA HENRY BELISLE CAMILO MARQUEZ TONY VILLAFRANCA Total Votes Party Total 32,263 29.29% 20,767 18.86% 17,934 16.28% 16,634 15.10% 13,232 12.01% 4,035 3.66% 2,679 2.43% 2,591 2.35% 110,135 MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 2 (Vote for i) Precincts Reported: 422 of 422 (100.00%) Candidate JOEL ANDERSON STEVE VAUS KENYA TAYLOR BRIAN SESKO Total Votes Party Total 59,803 35.46% 52,357 31.04% 45,037 26.70% 11,465 6.80% 168,662 MEMBER, BOARD OF SUPERVISORS DISTRICT NO. 3 (Vote for i) Precincts Reported: 376 of 376 (100.00%) Candidate KRISTIN DIANE GASPAR TERRA LAWSON-REMER OLGA DIAZ Total Votes Party Total 72,598 42.82% 52,899 31.20% 44,063 25.99% 169,560 33 of 221 Page: 19 of 24 4/2/2020 4:37:19 PM CITY OF CARLSBAD MEMBER, CITY COUNCIL DISTRICT NO. 1 (Vote for 1) Precincts Reported: 15 of 15 (100.00%) Candidate CORI SCHUMACHER TRACY CARMICHAEL SIMON ANGEL Total Votes Party Total 4,261 47.90% 3,493 39.26% 1,142 12.84% 8,896 CITY OF CHULA VISTA MEMBER, CITY COUNCIL DISTRICT NO. 3 (Vote for 1) Precincts Reported: 33 of 33 (100.00%) Candidate STEVE PADILLA HENRY A. MARTINEZ II DOUG WOLF Total Votes Party Total 7,744 54.77% 4,404 31.15% 1,992 14.09% 14,140 CITY OF CHULA VISTA MEMBER, CITY COUNCIL DISTRICT NO. 4 (Vote for 1) Precincts Reported: 25 of 25 (100.00%) Candidate MIKE DIAZ ANDREA CARDENAS DELFINA GONZALEZ Total Votes Party Total 4,762 45.41% 4,225 40.29% 1,499 14.30% 10,486 CITY OF SAN DIEGO MAYOR (Vote for 1) Precincts Reported: 796 of 796 (100.00%) Candidate Party Total TODD GLORIA 147,654 41.48% BARBARA BRY 81,541 22.91% SCOTT SHERMAN 80,352 22.57% TASHA WILLIAMSON 25,629 7.20% GITA APPELBAUM SINGH 12,716 3.57% RICH RIEL 8,099 2.28% Total Votes 355,994 Total Jarvis Gandy WRITE-IN 3 0.00% 34 of 221 Page: 20 of 24 4/2/2020 4:37:19 PM CITY OF SAN DIEGO CITY ATTORNEY (Vote for 1) Precincts Reported: 796 of 796 (100.00%) Candidate MARA W. ELLIOTT CORY BRIGGS PETE MESICH Total Votes Party Total 208,767 67.86% 71,672 23.30% 27,223 8.85% 307,662 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 1 (Vote for 1) Precincts Reported: 94 of 94 (100.00%) Candidate JOE LACAVA WILL MOORE AARON BRENNAN SAM NEJABAT LIJUN (LILY) ZHOU JAMES P. RUDOLPH HARID "H." PUENTES LOUIS A. RODOLICO Total Votes Party Total 10,335 24.08% 7,054 16.44% 6,399 14.91% 5,884 13.71% 3,910 9.11% 3,505 8.17% 3,340 7.78% 2,484 5.79% 42,911 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 3 (Vote for 0 Precincts Reported: 103 of 103 (100.00%) Candidate STEPHEN WHITBURN TONI DURAN CHRIS OLSEN MICHELLE NGUYEN ADRIAN KWIATKOWSKI Total Votes Party Total 14,844 31.11% 10,836 22.71% 9,705 20.34% 8,340 17.48% 3,996 8.37% 47,721 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 5 (Vote for 1) Precincts Reported: 91 of 91 (100.00%) Candidate MARNI VON WILPERT JOE LEVENTHAL ISAAC WANG SIMON MOGHADAM Total Votes Party Total 18,084 39.78% 16,778 36.91% 8,764 19.28% 1,836 4.04% 45,462 35 of 221 Prole: 21 or 21 4/2/2020 4:37:19 PM CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 7 (Vote for 1) Precincts Reported: 103 of 103 (100.00%) Candidate RAUL CAMPILLO NOLI ZOSA WENDY WHEATCROFT MONTY MCINTYRE Total Votes Party Total 15,025 35.87% 12,783 30.51% 8,526 20.35% 5,558 13.27% 41,892 CITY OF SAN DIEGO MEMBER, CITY COUNCIL DISTRICT NO. 9 (Vote for 1) Precincts Reported: 83 of 83 (100.00%) Candidate KELVIN H. BARRIOS SEAN ELO JOHNNY LEE DANG ANDREW GADE ROSS NAISMITH SAM BEDWELL ALEX SOTO Total Votes Party Total 7,426 31.62% 4,819 20.52% 3,473 14.79% 2,222 9.46% 1,997 8.50% 1,986 8.46% 1,564 6.66% 23,487 PROP 13 - AUTHORIZES BONDS FOR FACILITY REPAIR (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate NO YES Total Votes Party Total 463,034 54.13% 392,331 45.87% 855,365 SD County MEASURE A - SAN DIEGO COUNTY AMD. TO SD COUNTY GENERAL PLAN (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate NO YES Total Votes Party Total 423,630 50.97% 407,534 49.03% 831,164 SD County - MEASURE B - NEWLAND SIERRA AMD. TO SD COUNTY GENERAL PLAN (Vote for 1) Precincts Reported: 1,862 of 1,862 (100.00%) Candidate NO YES Total Votes Party Total 484,663 58.08% 349,822 41.92% 834,485 36 of 221 Page: 22 of 24 4/2/2020 4.37:19 PM SD City - MEASURE C - INITIATIVE MEASURE - HOTEL VISITOR TAX INCREASE (Vote for 1) Precincts Reported: 796 of 796 (100.00%) Candidate YES NO Total Votes Party Total 239,024 65.24% 127,349 34.76% 366,373 SD City - MEASURE D - CHTR. AMD. REGARDING AUDIT CMTE. & AUDITOR (Vote for 1) Precincts Reported: 796 of 796 (100.00%) Candidate YES NO Total Votes Party Total 269,583 80.81% 64,006 19.19% 333,589 CV City - MEASURE E - PROJECT LABOR AGREEMENTS (Vote for 1) Precincts Reported: 122 of 122 (100.00%) Candidate YES NO Total Votes Party Total 37,462 67.56% 17,990 32.44% 55,452 Del Mar City - MEASURE G - ADOPT OF MARISOL SPECIFIC PLAN (Vote for 1) Precincts Reported: 5 of 5 (100.00%) Candidate NO YES Total Votes Party Total 1,406 58.90% 981 41.10% 2,387 Lemon Grove City - MEASURE S - PROPOSED 3/4 CENT TRANSACTIONS AND USE TAX (Vote for 1) Precincts Reported: 14 of 14 (100.00%) Candidate NO YES Total Votes Party Total 3,723 57.46% 2,756 42.54% 6,479 37 of 221 Pge._ or=-� 4/2/2020 4:37:19 PM National City - MEASURE H - SHALL CITY CLERK & TREASURER BE APPOINTED (Vote for 1) Precincts Reported: 25 of 25 (100.00%) Candidate NO YES Total Votes Party Total 4,059 52.00% 3,747 48.00% 7,806 National City - MEASURE J - REPEAL ORD. 2019-2463 (PET SALES) (Vote for 1) Precincts Reported: 25 of 25 (100.00%) Candidate YES NO Total Votes Party Total 5,054 61.78% 3,126 38.22% 8,180 Oceanside City - MEASURE K - SHALL CITY CLERK & TREASURER BE APPOINTED BY CITY MANAGER (Vote for 1) Precincts Reported: 87 of 87 (100.00%) Candidate NO YES Total Votes Party Total 34,472 75.17% 11,384 24.83% 45,856 Cajon Valley School - MEASURE L - 22oM DOLLAR BONDS (Vote for 1) Precincts Reported: 103 of 103 (100.00%) Candidate BONDS - NO BONDS - YES Total Votes Party Total 19,552 54.09% 16,598 45.91% 36,150 Chula Vista School - MEASURE M - 3ooM DOLLAR BONDS (Vote for 1) Precincts Reported: 159 of 159 (100.00%) Candidate BONDS - YES BONDS - NO Total Votes Party Total 36,363 55.42% 29,247 44.58% 65,610 38 of 221 Page '%i 24 4/7,,=0 .0 _1 37 19 PPA Escondido Union School - MEASURE Q - 2o5M DOLLAR BONDS (Vote for 1) Precincts Reported: 89 of 89 (100.00%) Candidate BONDS - YES BONDS - NO Total Votes Party Total 21,723 53.73% 18,707 46.27% 40,430 Lakeside Union School - MEASURE R - 33M DOLLAR BONDS (Vote for 1) Precincts Reported: 27 of 27 (100.00%) Candidate BONDS - NO BONDS - YES Total Votes Party Total 7,256 58.44% 5,161 41.56% 12,417 Poway Unified School - MEASURE P - 448M DOLLAR BONDS (Vote for i) Precincts Reported: 124 of 124 (100.00%) Candidate BONDS - YES BONDS - NO Total Votes Party Total 32,836 50.35% 32,375 49.65% 65,211 San Ysidro School - MEASURE T - 52,985M DOLLAR BONDS (Vote for 1) Precincts Reported: 22 of 22 (100.00%) Candidate BONDS - YES BONDS - NO Total Votes Party Total 3,555 70.09% 1,517 29.91% 5,072 San Ysidro School - MEASURE U - 55,5ooM DOLLAR BONDS (Vote for 1) Precincts Reported: 22 of 22 (100.00%) Candidate BONDS - YES BONDS - NO Total Votes Party Total 3,492 68.90% 1,576 31.10% 5,068 39 of 221 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City implementing the People's Adoption of City Council Ordinance No. 2019-2463 as the People's Ordinance which pursuant to statute is considered Adopted upon the date of certification of the Election results which adds Chapter 8.38 to the National City Municipal Code. (City Attorney) Please scroll down to view the backup material. 40 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City implementing the People's Adoption of City Council Ordinance No. 2019 — 2463 as the People's Ordinance which pursuant to statute is considered Adopted upon certification of the Election results which adds Chapter 8.38 to the National City Municipal Code. Angil P. Morris -Jones, City Attorney PREPARED BY: Nicole Pedone, Senior Assistant City Attorney PHONE: 619 336-4220 EXPLANATION: DEPARTMENT: rCity A� ' Office •APPROVED BY 'y . ;i��" On September 3, 2019, the City Council Adopted Ordinance No. 2019 - 2463, "An Ord' . nee of the City Council of the City of National City Adding Chapter 8.38 to the Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits". On October 2, 2019, there was presented to the City Clerk a referendum petition against Ordinance No. 2019 - 2463, so as to repeal Ordinance No. 2019 - 2463 or submit it to the qualified voters of the City of National City. On November 13, 2019, pursuant to Section 9237 of the California Elections Code, the petition was examined by the City's Elections Official and it was determined that the referendum petition contained 2,507 valid signatures, which was a sufficient number of signatures under Sections 9235-9247 of the Elections Code, and the City's Elections Official accepted the petition for filing. On November 19, 2019, the City Council did not vote in favor of the repeal of Ordinance No. 2019 -2463, but directed the City Attorney to draft a Resolution for the City Council to place a Measure on the March 3, 2020 Special Municipal Election ballot for the qualified voters of the City to determine whether to adopt or repeal Ordinance No. 2019 -2463. At the Special Municipal Election of March 3, 2020, a majority of the voters of the City of National City voted in favor of Measure J, Adopting Ordinance No. 2019 — 2463. This Resolution implements the People's Ordinance adding Chapter 8.38 which is Adopted on April 21, 2020 and becomes effective 10 days after this date. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution implementing the People's Ordinance. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1) Resolution Implementing the People's Ordinance 2) Ordinance 2020 - 41 of 221 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY IMPLEMENTING THE PEOPLE'S ADOPTION OF CITY COUNCIL ORDINANCE NO. 2019 — 2463 AS THE PEOPLE'S ORDINANCE WHICH PURSUANT TO STATUTE IS CONSIDERED ADOPTED UPON THE DATE OF CERTIFICATION OF THE ELECTION RESULTS WHICH ADDS CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE WHEREAS, the City of National City (the "City"), pursuant to the police powers delegated to it by the California Constitution, has the authority to enact or amend laws which promote the public health, safety, and general welfare of its residents; and WHEREAS, on September 3, 2019, the City Council adopted Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits;" and WHEREAS, on October 2, 2019, there was presented to the City Clerk a referendum petition against Ordinance No. 2019 - 2463, so as to repeal Ordinance No. 2019 - 2463 or submit it to the qualified voters of the City of National City; and WHEREAS, on November 13, 2019, pursuant to Section 9237 of the California Elections Code, the petition was examined by the City's Elections Official and it was determined that the referendum petition contained 2,507 valid signatures, which was a sufficient number of signatures under Sections 9235-9247 of the Elections Code, and the City's Elections Official accepted the petition for filing; and WHEREAS, in accordance with Section 9240 of the Elections Code, the City's Elections Official certified the results of the examination to the City Council at its next regular meeting held on November 19, 2019; and WHEREAS, Section 9237 of the Elections Code provides that when a referendum petition against an ordinance qualifies, the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance; and WHEREAS, Section 9241 of the Elections Code provides in part that when a legislative body is presented with a qualified referendum petition, if the legislative body does not entirely repeal the ordinance against which the petition is filed, the legislative body shall submit the ordinance to the voters, either at the next regular municipal election occurring not less than 88 days after the order of the legislative body, or at a special election called for that purpose, not less than 88 days after the order of the legislative body, and the ordinance shall not become effective until a majority of the voters voting on the ordinance vote in favor of it; and WHEREAS, at their meeting of November 19, 2019, the City Council did not vote in favor of the repeal of Ordinance No. 2019 -2463, but directed the City Attorney to draft a resolution for the City Council to place a measure on the March 3, 2020 Special Municipal Election ballot for the qualified voters of the City to determine whether to adopt or repeal Ordinance No. 2019 -2463; and WHEREAS, at their meeting of December 3, 2019, the City Council, as authorized by Section 9241 of the Elections Code, adopted Resolution No. 2019 - 170, "A Resolution of the City Council of the City of National City Ordering the Submission of Ordinance No. 2019 - 2463, 'An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of 42 of 221 Resolution No. 2020 — Page Two Dogs, Cats and Rabbits' to the Qualified Voters of the City of National City at the Special Municipal Election to be held on March 3, 2020;" and WHEREAS, at the Special Municipal Election of March 3, 2020, a majority of the voters of the City of National City voting thereon voted in favor of Measure J, adopting Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cats and Rabbits."; and WHEREAS, pursuant to Government Code §9217, the Ordinance passed by the voters shall be considered as Adopted upon the date that the vote is declared and certified by the legislative body and shall go into effect 10 days after that date. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City having by Resolution No. 2020 - declared and certified the Election results does hereby determine and order that pursuant to state law that Ordnance No. 2019-2463 is by this Resolution implemented as Ordinance No. 2020 - an Ordinance of the People of the City of National City adding Chapter 8.38 to the National City Municipal Code. PASSED and ADOPTED this 21st day of April, 2020. ATTEST: Michael Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney Alejandra Sotelo-Solis, Mayor 43 of 221 ORDINANCE NO. 2020 — AN ORDINANCE OF THE PEOPLE OF THE CITY OF NATIONAL CITY ADDING CHAPTER 8.38 TO THE NATIONAL CITY MUNICIPAL CODE PROHIBITING THE RETAIL SALE OF DOGS, CATS AND RABBITS THE PEOPLE OF THE CITY OF NATIONAL CITY HEREBY ORDAINS AS FOLLOWS: Section 1. That Ordinance No. 2019 - 2463, "An Ordinance of the City Council of the City of National City Adding Chapter 8.38 to the National City Municipal Code Prohibiting the Retail Sale of Dogs, Cat and Rabbits" is hereby adopted. Section 2. That Chapter 8.38 of the Municipal Code is adopted based upon the following Recitals: A. Congress passed the Animal Welfare Act in 1966 (7 U.S.C. § 2131 et seq.), a federal law that regulates the minimum standards of care and treatment for certain animals bred for commercial sale, including but not limited to dogs, cats and rabbits, which is enforced by the United States Department of Agriculture and Animal and Plant Health Inspection Service (USDA) and requires certain large scale animal breeders and dealers to be registered and licensed. B. The Pet Rescue and Adoption Act, otherwise known as AB 485, a newly enacted state law effective January 1, 2019, prohibits a pet store operator from selling a dog, cat or rabbit in a pet store unless they were obtained from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group that is in cooperative agreement with at least one private or public shelter. C. California Health and Safety Code section 122354.5(g) allows a local governing body to adopt requirements that are more protective of animal welfare than those set forth in the Pet Rescue and Adoption Act. D. Investigations and research by the Companion Animal Protection Society (CAPS) have shown that California pet shops are using fake rescues to circumvent newly enacted state law and act as pass-throughs between puppy mills and pet shops. E. CAPS and The American Society for the Prevention of Cruelty to Animals (ASPCA) report that puppy mills mass produce animals for the pet industry in overcrowded and unsanitary conditions without adequate food, water, exercise, socialization or veterinary care and many of the animals face an array of health problems that are discovered after purchase at a retail store. 1 Ordinance No. 2020— People's Ordinance April 21, 2020 44 of 221 F. According to the Humane Society of the United States there are Approximately 2.4 million puppies sold annually who originated from puppy mills, USDA licensed and non -USDA licensed, and there are an estimated 3 million dogs and cats euthanized by shelters every year in the United States. G. The City Council has been approached by animal activists, animal shelters and City residents urging the City to enact further regulations which prohibit the retail sale of cats, dogs and rabbits and discourage the promulgation of unregulated and negligent commercial breeders or pet shop operators which despite state law continue to offer animals throughout San Diego County for retail sale under the guise of non-profit rescue agencies. H. Pet stores often engage in offsite, even out of state, commercial breeding and/or purchase animals from offsite or out of state commercial breeders or brokers creating a degree of removal which obscures the ability of the City and/or the County of San Diego Humane Society to regulate the conditions in which the breeding took place and/or how the animals were cared for prior to being brought to the pet store. I. The City of National City seeks to close the loopholes in California State law and enact greater protections for animal safety and welfare and for the public health, safety, and general welfare of its residents by prohibiting a pet shop or retail pet store or its operator from selling, delivering, or offering for sale, barter, auction or otherwise disposing of a cat, dog, or rabbit with exceptions for: (i) A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; (ii) A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; (iii) The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or (iv) Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. Section 3. That Chapter 8.38 is hereby added to the National City Municipal Code to read as follows: CHAPTER 8.38 RETAIL SALES OF DOGS, CATS AND RABBITS Sections: 8.38.010 Purpose 8.38.020 Definitions 8.38.030 Prohibition 8.38.040 Inspection by officials 8.38.050 Enforcement and remedies 2 Ordinance No. 2020— People's Ordinance April 21, 2020 45 of 221 8.38.010 Purpose. It is the purpose and intent of the City Council in this chapter to promote animal safety and welfare, public health, safety and welfare, and encourage best practices in the acquiring of dogs, cats and rabbits offered for retail sale or adoption in the City of National City. 8.38.020 Definitions. For the purpose of this Chapter, the following definitions shall apply: A. "Animal Shelter", means a public animal shelter or control facility operated by any city, county or other public agency or an entity operating under contract with any city, county or other public agency for the purpose of protecting animals from cruelty, neglect or abuse. B. "Animal Rescue Organization", means a nonprofit organization that has tax-exempt status under section 501(c)(3) of the Internal Revenue Code and whose mission and practice is, in whole or in significant part, the rescue, care and adoption of dogs, cats and/or rabbits. The term does not include a breeder or broker for payment or compensation. C. "Breeder" means a person who owns or maintains dogs, cats, or rabbits for the purpose of breeding and selling their offspring for retail or wholesale or a person required to hold a class A license pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq. D. "Broker" means a person who transfers dogs, cats, or rabbits for resale by another person and is required to hold a class B license by the United States Department of Agriculture pursuant to the Animal Welfare Act, 7 U.S.C. § 2131, et seq. E. "Cat" means a Felis domesticus of either sex, altered or unaltered. F. "Dog" means a Canis familiaris of either sex, altered or unaltered. G. "Operator" means a person who owns or operates a retail pet store, or both, and/or who hires employees at a retail pet store or pet shop to engage in the retail sale of dogs, cats and/or rabbits. H. "Pet Shop" or "Retail Pet Store" means any place or premise where birds, mammals or reptiles are kept for the purpose of either wholesale or retail sale, import, export, barter, exchange or gift. I. "Rabbit" means an Oryctolagus cuniculus of either sex, altered or unaltered. 3 Ordinance No. 2020— People's Ordinance April 21, 2020 46 of 221 8.38.030 Prohibition. A. A pet shop or retail pet store or its operator shall not sell, deliver, offer for sale, barter, auction or otherwise dispose of a cat, dog, or rabbit except as provided in subsection B. B. The provisions of subsection A shall not apply to: 1. A publicly operated animal shelter or animal control enforcement agency, animal rescue organization or nonprofit humane society; 2. A pet shop or retail pet store offering a cat, dog, or rabbit owned by an animal shelter or animal rescue organization for purposes of adoption of the cat, dog, or rabbit by a member of the public, so long as the pet shop does not receive any fee from the adoption and does not have any monetary or ownership interest in the cat, dog, or rabbit; 3. The sale or offering for sale of a dog, cat or rabbit as part of an adoption event held by an animal shelter or rescue organization if the retail pet store or pet shop does not receive any payment from the sale or offering or for the use of the store or store resources in connection with the adoption event; or 4. Dogs, cats and/or rabbits sold directly from the premises upon which they are born and reared or through a breeder, excluding pet shops or retail pet stores. 8.38.040 Inspection by officials. A. Each pet shop or retail pet store shall maintain records sufficient to document the source of each dog, cat, or rabbit that the pet shop acquires for at least one year following the date of acquisition. Such records shall be made available, immediately upon request, to any police officer, code enforcement officer, animal control officer, humane law enforcement officer or other investigating official. B. The city, county, or any investigating official shall have the right to enter the premises of any pet shop or retail pet store from time to time during regular business hours to conduct reasonable inspections to ensure and verify compliance with this chapter. No person shall refuse to permit or interfere with a lawful inspection of any pet shop or retail pet store by city or county investigating officials. 8.38.050 Enforcement and Remedies. A. A violation of any provision of this chapter or failure to comply with any requirement thereof shall be punishable as provided in National City Municipal Code chapters 1.04, 1.08, and 1.12. Each event or transaction in which a dog, cat, or rabbit is sold or offered for sale in violation of this section shall constitute a separate offense. 4 Ordinance No. 2020— People's Ordinance April 21, 2020 47 of 221 B. Any person, operator, pet shop or retail pet store operating or conducting or maintaining a pet shop or retail pet store contrary to the provisions of this chapter and/or state and federal laws shall be and the same is hereby declared to be unlawful and a public nuisance. The city attorney may, in addition to the penalties proscribed in this section, commence an action or actions, proceeding or proceedings for the abatement, removal, or enjoinment thereof, in any manner provided by law. C. The remedies and penalties provided in this section are cumulative and in addition to any other remedies available at law or in equity. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and adopted this Ordinance and each section, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. PASSED AND ADOPTED by a majority of the voters of the City voting thereon. The City Council declared and certified the election results by Adoption of Resolution No. 2020 - on April 21, 2020. Pursuant to Section 9217 of the Elections Code, the Ordinance shall be considered as adopted on April 21, 2020, and shall become effective 10 days after that date as Chapter 8.38 of the Municipal Code. 5 Ordinance No. 2020— People's Ordinance April 21, 2020 48 of 221 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Amended Special Meeting of the City Council of March 17, 2020. (City Clerk) Please scroll down to view the backup material. 49 of 221 Item # 04/21/20 APPROVAL OF THE MINUTES OF THE AMENDED SPECIAL MEETING OF THE CITY COUNCIL OF MARCH 17, 2020. (City Clerk) 50 of 221 Book 102 / Page 33 03-17-2020 DRAFT DRAFT DRAFT MINUTES OF THE AMENDED SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY March 17, 2020 The Amended Special Meeting of the City Council of the City of National City was called to order at 6:02 p.m. by Mayor Alejandra Sotelo-Solis. ROLL CALL Council members present: Cano, Morrison, Quintero, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Morris -Jones, Parra, Raulston, Tellez, Williams, Winney. PLEDGE OF ALLEGIANCE TO THE FLAG BY COUNCILMEMBER MORRISON PUBLIC COMMENTS John Moore expressed his concerns over "Drag Queen Story Hour" occurring at Public Libraries. EMERGENCY DECLARATION ADMIN (301-1-2) City Attorney Angil Morris -Jones stated, for the record, that on March 12, 2020, City Manager Brad Raulston, acting in his capacity as Emergency Services Director, signed an Emergency Proclamation declaring a local emergency as a result of the worldwide Coronavirus Pandemic (COVID-19). The City Council is required by law to adopt a Resolution ratifying the Emergency Declaration within seven (7) days of its original signing, and to review the Resolution every sixty (60) days until the local emergency ends. The Resolution will allow the City Council to recover costs incurred as a result of the emergency. Mayor Sotelo-Solis asked that the Resolution be read into the record by City Clerk Michael Dalla. See attached Exhibit 'A'. EMERGENCY DECLARATION ADMIN (301-1-2) 1. Resolution No. 2020-35. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE PROCLAMATION OF A LOCAL EMERGENCY BY THE EMERGENCY SERVICES DIRECTOR. (City Manager) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Quintero, seconded by Morrison, to adopt the Resolution. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 2 (NCMC), Item No. 3 (Minutes), Item Nos. 4 through 25 (Resolution No. 2020-36 through 2020-57), Item Nos. 26 through 29 (Reports), Item Nos. 30 through 32 (Temporary Use Permits), Item Nos. 33 through 36 (Warrant Registers). Motion by Cano, seconded by Rios, to approve the Consent Calendar, except for Item No. 30. Carried by unanimous vote. 1 51 of 221 Book 102 / Page 34 03-17-2020 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2020 (506-2-35) 2. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) ACTION: Approved. See above. GENERAL ADMIN (103-2-1) 3. APPROVAL OF THE MINUTES OF THE REGULAR MEETINGS OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF FEBRUARY 4, 2020 AND FEBRUARY 18, 2020 AND THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF FEBRUARY 4, 2020 AND FEBRUARY 18, 2020. (City Clerk) ACTION: Approved. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 4. Resolution No. 2020-36. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF $22,000.00 FROM THE COUNTY OF SAN DIEGO LOWER SWEETWATER FIRE PROTECTION DISTRICT EQUIPMENT REPLACEMENT PLAN AND AUTHORIZING THE PURCHASE OF BALLISTIC PROTECTION EQUIPMENT FOR THE NATIONAL CITY FIRE DEPARTMENT. (Fire) ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 5. Resolution No. 2020-37. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE ACCEPTANCE OF A $148,746.54 FY 2017/2018 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. THIS CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM ALLOTMENT WILL FUND ESSENTIAL POLICE EQUIPMENT FOR FRONT LINE LAW ENFORCEMENT AS NEEDED; AND TO RATIFY AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT WITHIN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). (Police) ACTION: Adopted. See above. 2 52 of 221 Book 102 / Page 35 03-17-2020 CONSENT CALENDAR (cont.) GRANT / PUBLIC SAFETY (206-4-27) 6. Resolution No. 2020-38. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE ACCEPTANCE OF A $157,591.08 FY 2017/2018 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM. THIS CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM ALLOTMENT WILL FUND ESSENTIAL POLICE EQUIPMENT FOR FRONT LINE LAW ENFORCEMENT AS NEEDED; AND TO RATIFY AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT WITHIN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF). (Police) ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 7. Resolution No. 2020-39. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) RATIFYING THE NATIONAL CITY POLICE DEPARTMENT'S GRANT APPLICATION IN THE AMOUNT OF $200,000 TO THE 2019 SOUTHWEST BORDER RURAL LAW ENFORCEMENT ASSISTANCE GRANT; 2) AUTHORIZING THE ACCEPTANCE OF THE GRANT AWARD IN THE AMOUNT OF $200,000; AND 3) AUTHORIZING THE ESTABLISHMENT OF REVENUE BUDGET AND CORRESPONDING APPROPRIATION TO PURCHASE COMPUTERS TO BE USED BY POLICE OFFICERS. THE CITY OF NATIONAL CITY WILL MATCH FUNDS IN THE AMOUNT OF $36,803. (Police) ACTION: Adopted. See above. CONTRACT (C2020-14) 8. Resolution No. 2020-40. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AWARDING A CONTRACT TO PORTILLO CONCRETE, INC. IN THE AMOUNT OF $514,930 FOR THE DIVISION STREET — EUCLID AVENUE TO HARBISON AVENUE BICYCLE IMPROVEMENTS, CIP NO. 19-17; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $77,239.50 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2020-15) 9. Resolution No. 2020-41. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F019 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE PEDESTRIAN AMERICANS WITH DISABILITIES ACT (ADA) IMPROVEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $243,200 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS 3 53 of 221 Book 102 / Page 36 03-17-2020 CONSENT CALENDAR (cont.) CONTRACT (C2020-15) 9. Resolution No. 2020-41 (continued). PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $243,200 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2020-16) 10. Resolution No. 2020-42. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F020 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION, PHASE II PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $455,100 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $455,100 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2020-17) 11. Resolution No. 2020-43. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F022 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE EAST 4TH STREET PROTECTED LEFT -TURN ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $177,440 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $177,440 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2020-18) 12. Resolution No. 2020-44. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. F023 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE SWEETWATER ROAD SAFETY ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $680,940 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE HIGHWAY SAFETY IMPROVEMENTS PROGRAM (HSIP); AND 2) AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION OF $680,940 AND CORRESPONDING REVENUE BUDGET. (Engineering/Public Works) ACTION: Adopted. See above. 4 54 of 221 Book 102 / Page 37 03-17-2020 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 13. Resolution No. 2020-45. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO GENERAL SERVICES ADMINISTRATION (GSA) CONTRACT #GS-28F-0022U WITH RUSS BASSET CORPORATION FOR THE PURCHASE AND INSTALLATION OF SIX NEW WORKSTATIONS AND REPLACEMENT OF CARPET TILES FOR NATIONAL CITY POLICE DISPATCH IN AN AMOUNT NOT TO EXCEED $143,146.46. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 14. Resolution No. 2020-46. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #062117-VRM WITH RDO EQUIPMENT CO. FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 VERMEER RTX130 TRENCHER WITH TRAILER IN AN AMOUNT NOT TO EXCEED $14,117.92. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 15. Resolution No. 2020-47. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 TOYOTA TACOMA 2WD (7162) SR ACCESS CAB TRUCK IN AN AMOUNT NOT TO EXCEED $28,334.60.. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 16. Resolution No. 2020-48. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #040319-CEC WITH MIRAMAR BOBCAT, INC. FOR THE PURCHASE AND BUILD -OUT OF ONE (1) T76 T4 BOBCAT COMPACT TRACK LOADER AND FELLING 5 55 of 221 Book 102 / Page 38 03-17-2020 CONSENT CALENDAR (cont.) EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 16. Resolution No. 2020-48 (continued). FT-40-2 LP TRAILER IN AN AMOUNT NOT TO EXCEED $107,705.28. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 17. Resolution No. 2020-49. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD - OUT OF ONE (1) 2020 FORD TRANSIT CARGO VAN (W1Y) T-350 IN AN AMOUNT NOT TO EXCEED $95,316.33. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 18. Resolution No. 2020-50. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #120716-NAF WITH NATIONAL AUTO FLEET GROUP FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 FORD SUPER DUTY F-550 DRW (F5G) 2WD TRUCK IN AN AMOUNT NOT TO EXCEED $60,143.29. (Engineering/Public Works) ACTION: Adopted. See above. EQUIPMENT / VEHICLE PURCHASE ADMIN (209-1-1) 19. Resolution No. 2020-51. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, WAIVING THE FORMAL BID PROCESS PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 2.60.260 REGARDING COOPERATIVE PURCHASING AND AUTHORIZING THE CITY TO PIGGYBACK ONTO SOURCEWELL (FORMERLY "NATIONAL JOINT POWERS ALLIANCE") CONTRACT #062117-VRM WITH RDO EQUIPMENT CO. FOR THE PURCHASE AND BUILD -OUT OF ONE (1) 2020 VERMEER BC 1000XL BRUSH CHIPPER IN AN AMOUNT NOT TO EXCEED $42,848.82. (Engineering/Public Works) ACTION: Adopted. See above. 6 56 of 221 Book 102 / Page 39 03-17-2020 CONSENT CALENDAR (cont.) PARKING & TRAFFIC CONTROL ADMIN 2020 (801-2-42) 20. Resolution No. 2020-52. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE LOCATED AT 205 E. 1ST STREET (TSC No. 2020-01). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2020 21. Resolution No. 2020-53. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB DISABLED PERSONS PARKING SPACE WITH SIGN IN FRONT OF THE RESIDENCE LOCATED AT 116 W. 14TH STREET (TSC No. 2020-02). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2020 22. Resolution No. 2020-54. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF 178 FEET OF "PASSENGER LOADING ZONE — 1-MINUTE ONLY" SIGNAGE ON THE NORTH SIDE OF E. 18TH STREET, WEST OF "JOHN OTIS ELEMENTARY SCHOOL" LOCATED AT 621 E. 18TH STREET (TSC No. 2020-04). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2020 23. Resolution No. 2020-55. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A SECOND DRIVEWAY TO ACCOMMODATE ONE OFF-STREET PARKING SPACE ON THE SOUTHEAST CORNER OF THE RESIDENCE AT 920 PLEASANT LANE (TSC No. 2020-05). (Engineering/Public Works) ACTION: Adopted. See above. PARKING & TRAFFIC CONTROL ADMIN 2020 24. Resolution No. 2020-56. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AT THE INTERSECTION OF E. 11TH STREET AND PARADISE DRIVE TO ENHANCE VISIBILITY AT THE INTERSECTION (TSC NO. 2019-17). (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2020-19) 25. Resolution No. 2020-57. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SCIENCE OUTREACH PROGRAM FIELD TRIP AGREEMENT, WITH A MUTUAL INDEMNITY AND HOLD HARMLESS, BETWEEN THE CITY OF NATIONAL CITY AND THE SAN DIEGO COUNTY OFFICE OF EDUCATION, TO PROVIDE THE SPLASH 7 57 of 221 Book 102 / Page 40 03-17-2020 CONSENT CALENDAR (cont.) CONTRACT (C2020-19) 25. Resolution No. 2020-57 (continued). SCIENCE MOBILE LAB DURING COMMUNITY SERVICE DAY ON SATURDAY, APRIL 25, 2020. (Community Services) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2019-2020 (204-1-34) 26. National City Sales Tax Update - Second Quarter 2019. (Finance) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2019-2020 (204-1-34) 27. Investment transactions for the month ended October 31, 2019. (Finance) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2019-2020 (204-1-34) 28. Investment transactions for the month ended November 30, 2019. (Finance) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2019-2020 (204-1-34) 29. Investment Report for the quarter ended December 31, 2019. (Finance) ACTION: Filed. See above. TEMPORARY USE PERMITS 2020 (203-1-36) 30. Temporary Use Permit — The 12th Annual Granfondo San Diego Fun Bike Ride sponsored by Life Sports Foundation on April 5, 2020 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Item was postponed. TEMPORARY USE PERMITS 2020 (203-1-36) 31. Temporary Use Permit — St. Anthony of Padua Church presentation of the "Live Stations of the Cross" starting at 410 W. 18th Street on April 10, 2020 from 3 p.m. to 4 p.m. with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. TEMPORARY USE PERMITS 2020 (203-1-36) 32. Temporary Use Permit — Halloween retail tent store hosted by Halloween Express at Westfield Plaza Bonita Mall from August 28, 2020 thru November 4, 2020 with no waiver of fees. (Neighborhood Services) ACTION: Approved. See above. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 33. Warrant Register #30 for the period of 1/15/20 through 1/21/20 in the amount of $424,659.10. (Finance) ACTION: Ratified. See above. 8 58 of 221 Book 102 / Page 41 03-17-2020 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 34. Warrant Register #31 for the period of 1/22/20 through 1/28/20 in the amount of $2,655,771.73. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 35. Warrant Register #32 for the period of 1/29/20 through 2/4/20 in the amount of $1,284,377.87. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2019 - JUNE 2020 (202-1-34) 36. Warrant Register #33 for the period of 2/5/20 through 2/11/20 in the amount of $1,776,612.00. (Finance) ACTION: Ratified. See above. STAFF REPORTS Emergency Services Chief Frank Parra gave an overview of the current Coronavirus Pandemic (COVID-19); provided medical facts, statistics, safety and precautionary measures; and provided a brief report on what the City is doing to ensure that employees and the public are being protected. He announced that access to all City buildings have been closed and/or modified and the latest amended Health Officer orders call for the closure of any event or assembly of 50 or more people. A comprehensive Public Information Campaign is being led by City Manager Brad Raulston, Assistant City Manager Tony Winney, and Management Analyst II Lauren Maxillom. Police Chief Jose Tellez provided an overview of current police operations, compliance goals, and protocols in light of COVID-19; spoke about countywide restrictions and directives, and said that there are contingency plans to operate under emergency staffing conditions if required by the County or City emergency. He said that calls for service have been consistent and there has been an anecdotal increase in domestic violence and disturbance type calls. Director of Housing Authority Carlos Aguirre provided an update on housing issues related to the COVID-19 crisis; he shared information on Executive Order N-28-20 signed by Governor Gavin Newsom on March 16, 2020 to aid both residential and commercial tenants by halting foreclosures and evictions of anyone facing loss of income due to COVID-19. He said that the Housing Authority is continuously monitoring housing situations and Federal resources and is also in constant contact with CSA San Diego County with regards to local foreclosures and evictions and the Regional Task Force on the Homeless (RTFH). Mr. Aguirre said that the Section 8 program has not been impacted and payments will still be made for tenants; extensions and waivers are also being granted. 9 59 of 221 Book 102 / Page 42 03-17-2020 STAFF REPORTS (cont.) City Manager Raulston said that due to social distancing guidelines, staff who regularly attend City Council meetings are not all present but they are working very hard to gather information to provide the community and to help people understand and cope with this crisis. He said that the City is working with other partners to focus on residents and businesses in terms of what financial support is available through the government and that final steps are being taken to close all public facilities and will post information on what remains available. At this time, public safety, public works and core services will continue. MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS Member Cano thanked staff for their work, and the preparations and updates provided to employees and the public, and shared his sentiments to those affected by COVID-19. Member Quintero thanked staff for their hard work and for the reports provided at the meeting. He spoke on the importance of protecting lives, leadership, community resources, democracy, civility, providing easily digestible information and opportunities to meet. Member Morrison shared news of Governor Newsom announcing that schools will be closed for the remainder of the school year; stated that the City should remain transparent as much as possible; spoke on the importance of keeping calm and rational and said he is very proud of how the City residents and businesses have conducted themselves. Member Morrison provided information from the last Local Government Commission he attended regarding homelessness, housing, and transportation and the current health situation. Vice Mayor Rios said that she is proud of the leadership that has been exemplified since the beginning of the COVID-19 crisis, and the communication, transparency and daily information that has been provided to the community. Vice Mayor Rios asked to make the County's COVID-19 text message alert system information available to residents and spoke on the importance of abiding by the Shelter -in -Place Order. Member Rios shared that the San Diego County Water Authority (SDCWA) secured more than $350 million dollars in water stewardship rates that benefits the San Diego region and voted to dismiss a lawsuit that had been pending for ten years. She said that a representative from SDCWA will discuss this at a later time. Mayor Sotelo-Solis expressed her gratitude to staff and constituencies for their continued commitment and amazing work, and for providing information and keeping the community safe. She spoke on the importance of staying connected to others, supporting each other, remaining calm and reassured, and said that the City's first priority is the health and safety of the community. She assured everyone that their voice and perspective has been heard and that essential police, fire and public works services are and will continue to be priority. 10 60 of 221 Book 102 / Page 43 03-17-2020 MAYOR, CITY COUNCIL, AND OTHER ELECTED OFFICIALS (cont.) Mayor Sotelo-Solis stated that the City will be diligent in making data -driven decisions and will follow all federal and state policies as well as all safety guidelines and encouraged others to do the same. City Attorney Angil Morris -Jones announced that Deputy City Attorney Roberto "Robby" Contreras has accepted a position as Assistant City Attorney for the City of Carlsbad. ADJOURNMENT Motion by Morrison, seconded by Cano, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City — Tuesday — April 7, 2020 - 6:00 p.m. — Online Only Meeting. Carried by unanimous vote. The meeting closed at 7:04 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 21, 2020. Mayor 11 61 of 221 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 three year agreement between the City of National City and EsGil, LLC for a not -to -exceed amount of $800,000 to provide on -call plan reviews, permit processing, construction inspections, code enforcement services and related services for various City departments including but not limited to Building, Fire, and Engineering. (Building) Please scroll down to view the backup material. 62 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a three year agreement between the City of National City and EsGil, LLC for a not -to -exceed amount of $800,000 to provide on -call plan reviews, permit processing, construction inspections, code enforcement services and related services for various City departments including but not limited to Building, Fire, and Engineering. (Building) PREPARED BY: Luis Sainz, Building Official DEPARTMENT: Comxnunit yDevelopment PHONE: 619-336-4214 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: !�,.� -� Finance APPROVED: MIS This agreement is on an as -needed basis and will be funded by fees collected, developer deposits, and various Capital Improvement Project funds and other funds as needed. This contract has a not -to -exceed amount of $800,000 per year for a period of three years and is part of an existing contract. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution executing an Agreement with EsGil Corporation for a not -to -exceed amount of $800,000 to provide on -call project support services for National City's Community Development Department. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Agreement 3. Resolution 63 of 221 Explanation On May 1, 2019, the City issued a Request for Proposal (RFP) for On -Call Services to provide assistance with Permit Processing, Plan Reviews, Construction Inspections and Code Enforcement Services. The RFP was emailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified. The deadline to submit was June 10, 2019. At the time, the City had an existing contract with EsGil Corporation (SafeBuilt), who provides services for Permit Processing, Plan Reviews, Construction Inspections and Code Enforcement Services for the Building Division and Fire Department. The contract with Esgil would run concurrently with the contract of any new firm selected as a result of the RFP. On August 19, 2019, staff conducted panel interviews and ultimately Bureau Veritas was selected. This would now provide the Bldg. division with two firms to provide these services. After the Bureau Veritas contract was ratified by the City Council on December 17, 2019 EsGil Corporation reached out to the City and met with City staff to discuss how they could improve on the services they provide and agreed to lower their plan review fees to be in line with the current Bureau Veritas contract. In addition, they also agreed to provide the City with an EsGil staff member to assist the Building Division with clerical work at the front counter at no cost to the City. This contract has a not -to -exceed amount of $800,000 per year for a period of three years. Upon mutual agreement by both parties, the contract may be extended by one year, for no more than two occurrences. Staff recommends that Council approve the contract for On -Call Services to provide assistance with Permit Processing, Clerical help, Plan Reviews, Construction Inspections, Code Enforcement and related services on an as -needed basis and authorize the Mayor to execute the contract. ATTACHMENT 1 64 of 221 AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION THIS AGREEMENT is entered into on this 21st day of April 2020, between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and ESGIL, LLC, a California limited liability company (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide permit processing, plan reviews, construction inspections, and code enforcement on -site and off -site services. WHEREAS, the CITY has determined that the CONSULTANT is a plan review firm and is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide permit processing, plan reviews, construction inspections, and code enforcement on -site and off -site services, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that ail services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE .DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on April 21, 2020. The duration of this Agreement is for the period of April 21, 2020 through April 20, 2023. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to two one-year extensions. The City Council authorizes and delegates that any extension of this Agreement be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will perform those building inspection, permit processing, plan reviews, construction inspections and code enforcement on - site and off -site services as set forth in the attached Exhibit "B". Additionally, CONSULTANT must send a copy of all plans CONSULTANT approves on the CITY's behalf to every CITY department that would have occasion to rely on, or later review, those approved plans. Additionally, CONSULTANT must perform all steps outlined in Exhibit "C" when "red - tagging" a property. Additionally, CONSULTANT must follow all departmental guidelines, policies and procedures communicated by CITY to CONSULTANT. ATTACHMENT 2 2 65 of 221 The CONSULTANT shall be responsible for all research andreviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings related to pre -plan submittals, pre -construction, and proposed plan changes and/or changes to construction methods and materials related to larger projects and at other meetings at the CITY, or on subject properities, as directed by Luis Sainz to keep staff and City Council advised of the progress on any given matter. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. Luis Sainz, Building Official, hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Bill Elizarraras thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The CITY establishes the plan checking fee by resolution of the City Council. The CITY collects the plan checking fee from the applicant. The CONSULTANT's compensation for reviewing building department plans, commonly referred to as "plan checking", shall be sixty percent (60%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. The CONSULTANT'S compensation for reviewing Fire Department plan reviews shall be thirty percent (30%) of the plan checking fee collected by the CITY for each permit based upon the CITY's adopted fee schedule in effect at the time of the plan check submittal. Beginning April 21, 2020, CONSULTANT will apply a 10% monthly reduction to plan check fees ("Reduction"). CONSULTANT shall provide the Reduction until (I) the dollar amount of each monthly Reduction totals $10,500, or (2) January 31, 2021 whichever occurs earlier. The CONSULTANT shall provide one full-time clerical support staff person on an as -needed basis at no cost to the CITY. This clerical support staff person shall be an employee of the CONSULTANT, not of the CITY, and shall be subject to the terms of this Agreement. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $800,000 per year for plan reviews, plan checking, or both, without prior written authorization from the Director of Community Development, The compensation for the CONSULTANT'S work shall not exceed the rates set forth in Exhibit "A". Monthly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the CITY. For each billing error resulting in an incorrect charge to the CITY that CITY staff discovers in CONSULTANT'S invoices, CONSULTANT shall pay the CITY for the time incurred by CITY staff to identify the billing error. Any payment from CONSULTANT to CITY regarding billing errors referenced in Standard Agreement City of National City and Revised May 2019 EsGil, LLC 3 [66 of 221 this Section shall be paid according to the fully -burdened hourly rate applicable to the CITY staff person who identified the billing error. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall: (I) be free from defects; (2) become the property of the CITY for use with respect to this project; and (3) shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, .the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S Standard Agreement City of National City and Revised May 2019 EsGi1, LLC 4 67 of 221 employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation and competence of the CONSULTANT and its employees. Neither this Agreement, nor any interest herein, may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY. The CONSULTANT and its agents, servants, and employees are wholly independent from the CITY and CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the County of San Diego and the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it, and all its employees dispatched to perform work on behalf of the CITY, have all licenses, permits, qualifications, and approvals of whatever nature that are legally required for CONSULTANT and CONSULTANT's employees to practice their profession. CONSULTANT must provide CITY copies of any such license, permit, or approval to CITY before any of CONSULTANT's employees perform services on behalf of CITY. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT, or CONSULTANT's employees, to practice their profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. Standard Agreement City of National City and Revised May 2019 UsGiI, 5 68 of 221 B, Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the, following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. Standard Agreement City of National City and Revised May 2019 EsGi1, LI,C 6 69 of 221 CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. To the maximum extent provided by law, The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shallemploy competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement.. 16, EMPLOYEE PAYMENTS AND INDEMNIFICATION. 16.1 PERS Eligibility Indemnification. If CONSULTANT's employee(s) providing services under this Agreement claims, or is determined by a court of competent jurisdiction or the California Public Employees Retirement System ("PERS") to be eligible for enrollment in PERS of the CITY, CONSULTANT shall indemnify, defend, and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of the employee as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY. CONSULTANT'S employees providing service under this Agreement shall not: (1) qualify for any compensation and benefit under PERS; (2) be entitled to any benefits under PERS; (3) enroll in PERS as an employee of CITY; (4) receive any employer contributions paid by CITY for PERS benefits; or (5) be entitled to any other PERS-related benefit that would accrue to a CITY employee. CONSULTANT's employees hereby waive any claims to benefits or compensation described in this Section 16. This Section 16 applies to CONSULTANT notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary. 16.2 Limitation of CITY Liability. The payment made to CONSULTANT under this Agreement shall be the full and complete compensation to which CONSULTANT and CONSULTANT's officers, employees, agents, and subcontractors are entitled for performance of any work under this Agreement. Neither CONSULTANT nor CONSULTANT's officers, employees, agents, and subcontractors are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to CITY employees. The CITY will not make any federal or state tax withholdings on behalf of CONSULTANT. The CITY shall not be required to pay any workers' compensation insurance on behalf of CONSULTANT. Standard Agreement City of National City and Revised May 2019 PSGi1, LLC 7 70 of 221 16.3 Indemnification for Employee Payments. CONSULTANT agrees to defend and indemnify the CITY for any obligation, claim, suit, or demand for tax, retirement contribution including any contribution to PERS, social security, salary or wages, overtime payment, or workers' compensation payment which the CITY may be required to make on behalf of (1) CONSULTANT, (2) any employee of CONSULTANT, or (3) any employee of CONSULTANT construed to be an employee of the CITY, for work performed under this Agreement. This is a continuing obligation that survives the termination of this Agreement. 17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. Professional Liability Insurance (errors and omissions) with minimum limits of $9,000,000 per claim. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned, hired vehicles, and "any auto". The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of $1,000,000 per occurrence and $2,000,000 aggregate with a $10,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) Standard Agreement City of National City and Revised May 2019 EsGil, LLC 8 71 of 221 days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A: VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage .is provided by non -admitted "surplus lines" carriers, they must be included on the most recent List of Approved Surplus Line Insurers ("LASLI") and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. If the CONSULTANT does not keep all insurance policies required by this Section 18 in full force and effect at all times during the term of this Agreement, the CITY may treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. CITY reserves the right to modify the insurance requirements of this Section. 18, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 19. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and. expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees Standard Agreement City of National City and Revised May 2019 FsGil, LLC 9 72 of 221 incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 20. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreetnent or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 21. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: To CITY: Luis. Sainz Building Official Building Department City of National City 1243 National City Boulevard National City, CA 91950-4397 Standard Agreement City of National City and Revised May 2019 hsGi1, LLC 10 73 of 221 To CONSULTANT: Eric Gleason Senior Director EsGil Corporation 9320 Chesapeake Drive, Suite 208 San Diego, CA 92123 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. The CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 22 by the CONSULTANT. 23. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720, 1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 24. ADMINISTRATIVE PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or .ends on a Saturday, Sunday or federal, state or legal holiday, then such date Standard Agreement City of National City and Revised May 2019 risGi1, L,L.0 11 74 of 221 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits, schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terns and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Assignment & Assumption of Rights. CONSULTANT shall not assign this Agreement, in whole or in part, to any other party without first obtaining the written consent of CITY. H. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. I. Applicable Law. This Agreement 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. J. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. K. Entire Agreement. This .Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the • parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. L. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. M. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion ofthe work, unless such subcontracting was part ofthe original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 18 and the indemnification and hold harmless provision of Section 15 of this Agreement. Standard Agreement City of National City and Revised May 2019 L+sGil, LLC 12 75 of 221 N. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Alejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Argil P. Morris -Jones City Attorney ESGIL, LLC, A CALIFORNIA LIMITED LIABILITY COMPANY (Corporation —.signatures (Own corporate officers required) By: (Name) (Print) (Title) By: (Name) Thomas P. Wilkas (Print) Chief Financial Officer (Title) Standard Agreement City erNational City and Revised May 2019 EsGi1, L.LC 13 76 of 221 EXHBIT A — ESGIL RATE SCHEDULE REGULAR BASIS RATE / AS -NEEDED RATE ON -SITE STAFFING RATES Clerical/Administrative Support Provide one (1) clerical support staff person on an as - needed basis at no cost to City. This clerical support staff shall be an employee of EsGil, LLC, not of the City of National City, and shall be subject to the terms of the Agreement. Building/Engineering/Fire Inspector $83.00 per hour OFF -SITE STAFFING RATES Building Plan Review 60% of City Plan Check Fee based on adopted fee schedule in effect at the time of plan check submittal Fire Plan Review 30% of City Plan Check Fee based on adopted fee schedule in effect at the time of plan check submittal Effective through December 31, 2020: EsGil will apply a 10% monthly reduction to plan check fees until total reduction reaches $10,500.00. LABOR CLASSIFICATION POSITION RATE Labor rates are used only when requested by City and where the use of a percentage of the permit fee or plan check fee is not applicable or appropriate. LABOR CLASSIFICATION HOURLY BILLING RATE Division Manager $140.00 Supervising Structural Engineer $135.00 CASp Certified Access Examiner $94.40 LEED Certified Plans Examiner $94.40 Structural Engineer $94.40 Civil Engineer $94.40 Electrical Engineer $94.40 Energy Plans Examiner $94.40 Mechanical Engineer $94.40 Building Official $94.40 Supervising Building Inspector $94.40 Deputy Building Official $94.40 I.C.C. Plans Examiner $94.40 Building Inspector $83.00 Permit Technician $72.00 1. Rates are subject to change each year on August 8`h 2. Rates are increased by a factor of 1.5 for overtime, holiday and weekend assignments. 3. Thirty (30) day written notice is required and the increase shall not exceed 3% each year. 4. Rate includes all necessary resources including equipment, materials, rechecks, plan check conferences at EsGil location, review of plan that are initially incomplete and for the transition of plans to and from the City. 5. Engineering plan reviews will be charged on an hourly basis. A proposal for the review will be submitted to the City with a not -to -exceed amount. 14 77 of 221 EXHIBIT B — ESGIL SCOPE OF WORK A. Plan Reviews ✓ Provide plan reviews consistent with application of building standards for buildings, shopping malls, civic centers, hospitals, sports arenas, municipal facilities, hotels, hazardous occupancies, trash recycling, dwelling additions, residential dwellings, and residential complexes by qualified staff. Staff to include the following: • Licensed structural engineers • Licensed civil engineers • Mechanical engineers • Licensed electrical engineers • Certified plans examiners • Certified building inspectors ✓ Structural reviews will be performed by or under the supervision of one of our licensed structural engineers. All plan review engineers are International Code Council (ICC) Certified and required to have previous experience working in government building departments. ✓ Provide state -mandated Certified Access Specialist Program (CASp) Plans Examiners and Energy and Environmental Design (LEED) Certified Plans Examiners when needed. ✓ Provide 3rd party reviews for the Engineering Department for Capital Improvement Projects on an as needed basis by qualified plans examiners. ✓ Provide plan reviews for the Fire Department on an as needed basis by qualified plans examiners. ✓ EsGil will pick-up and deliver plans at no cost to the City upon City request. • Pick-up and deliveries will be made within twenty-four (24) hours of the City's request. • EsGil will receive plans by mail, courier, or via electronic transmission. ✓ Staff will identify any code deficiencies in a customized typed list for the applicant. ✓ Coordinate review with the other plan check disciplines (electrical, mechanical, plumbing, energy, structural and disabled access) to ensure communication and coordination of listed deficiencies. ✓ Completed review list shall be attached to the permit in the City's software program prior to or on the contract deadline The following is a list of plan review turnaround times for each type of job assigned: Project Type Initial Check Recheck Plan Change Single Family Dwelling 7 working days 5 working days 5 working days Apartment 10 working days 5 working days 5 working days Tenant Improvements 7 working days 5 working days 5 working days Commercial/Industrial 12 working days 5 working days 5 working days Rechecks 5 working days 5 working days 5 working days Plan Changes 5 working days 5 working days 5 working days Accelerated/expedited plan reviews are performed in one-half of the normal turnaround time • Performed at standard overtime rate of time and one-half by City/Building Official request 15 78 of 221 B. Inspection Services ✓ Provide International Code Council (ICC) Certified Inspectors with a minimum of three (3) years of government building & safety experience. ✓ Provide as -needed inspections for Fire and Engineering Department(s) using qualified staff ✓ Provide as -needed code compliant inspections for residential and commercial projects. • Read and study project specifications, plans and drawings to become familiar with project prior to inspection, ensuring that structural or architectural changes have been stamped as approved by the appropriate authority. • Perform and document inspections on construction projects to determine that all aspects of the project, such as foundations, building, electrical, plumbing, and mechanical systems conform to the applicable building codes, ordinances, energy conservation, and disabled access requirements including known local, ci ty, state and federal requirements • Provide excellent customer service to the public. Our certified inspectors are knowledgeable and specialize in on -site problem solving and working closely with contractors and property owners through completion of the inspection. • Coordinate reviews with fire, health, and other government agency inspectors, as well as property owners and builders. • Maintain records and follow-up to resolution of non -complying items — including appeals • Be available to all parties by cell phone and email to assist in problem solving and maintain high customer service levels. • Lease a copy of inspection ticket and discuss inspection results with site personnel • Result inspections finding into the City's designated software. C. Code Enforcement ✓ Provide personnel to assist the City with conducting investigations of building safety related violations of applicable codes. Staff shall work closely with City decision makers. All Inspectors will be fully trained in City philosophy and City code enforcement requirements. ✓ Provide as -needed code enforcement assistance to City Planning, Fire, Engineering and Public Works. D. Additional Se vices ✓ Provide additional services as mutually agreed upon ✓ Assist City staff in revising and updating City codes and ordinances E. Independent Contractor ✓ EsGil is an independent contractor, and neither EsGil, nor any employee or agent thereof, shall be deemed for any reason to be an employee or agent of the City. EsGi1 and City agree that EsGil will be free to contract for similar service to be performed for other employers while under contract with City. EsGil is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. EsGil shall determine all conditions of employment including hours, wages, working conditions, discipline, hiring and discharge or any other condition of employment. EsGil employees are not subject to the direction and control of City. Any provision in this Agreement that may appear to give City the right to direct 16 79 of 221 EsGil as to the details of doing the work or to exercise a measure of control over the work means that EsGil will follow the direction of the City as to end results of the work only. 17 80 of 221 EXHIBIT "C" CONSULTANT must satisfy the following steps when posting a "Stop Work Order": • If a complaint is received by the Building Division regarding construction without proper building permits, the Permit Technician will verify what, if any, permits are issued for the subject location. If permits are issued, the complainant will be notified that no action will be taken. If the Permit Technician confirms that permits have not been issued, the complainant will be notified that an investigation will begin regarding the complaint. • Immediately after determining that an investigation much begin, a referral is given to the Building Inspector for that day. The Building Inspector will be provided with the location of the job site is and a description of the type of work being performed. • The Building Inspector will arrive at the job site to investigate what type of construction is being performed if any. If the Building Inspector does not see any work being performed at the job site, the inspector must call the Permit Technician to notify the Permit Technician of the Building Inspector's findings. If the Building Inspector sees work being performed that requires a building permit, then the Building Inspector must complete a Stop Work Order (Red Tag) and post the Stop Work Order on the building. The Stop Work Order (Red Tag) has a section called "Remarks". Under this section, the Building Inspector must enter the following: "Per 2019 C.B.C., Section 105.1 and N.C.M.C. Section 15.08.060 - Stop all construction work immediately. Obtain building permits prior to any construction work." The posting of the Stop Work Order (Red Tag) must be posted on the front of the building. Whenever possible, the Building Inspector should post the order on a window facing the front of the building, from the inside of the building with the written information facing the street. Depending on the size of the construction site, more than one Stop Work Order (Red Tag) may be necessary to be posted on the structure. The Building Inspector must use either duct tape or staples as appropriate to post the Stop Work Order (Red Tag). • After posting the Stop Work Order (Red Tag), the Building Inspector must complete a Correction Notice. The Correction Notice must contain the location of the Stop Work Order (Red Tag), the date, time, and a description of what work was found to have been performed without building permits. In addition, the Correction Notice must also note that certain penalties now will apply when applying for the required permit and that anyone with questions about this process may contact the City's Building Division at 619-336-4210. • Photographs of the actual Stop Work Order posting must be taken from the public right-of-way, as well as a "close up" photograph from about 2-3 feet from the location where the Stop Work Order (Red Tag) is physically posted. • The Building Inspector must leave their contact information (i.e. business card) with the homeowner, or others on site, and also answer any questions the 18 81 of 221 contractor/homeowner may have regarding why the posting was made and what must be done to resolve the violation. • If any Building Inspector ever has any questions regarding any Stop Work Order (Red Tag) referral, or any questions regarding this protocol, please call Luis Sainz at (619)-336-4214. 19 82 of 221 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THREE-YEAR AGREEMENT WITH ESGIL, LLC FOR A NOT -TO -EXCEED AMOUNT OF $800,000 TO PROVIDE ON -CALL PLAN REVIEWS, PERMIT PROCESSING, CONSTRUCTION INSPECTIONS, CODE ENFORCEMENT SERVICES AND RELATED SERVICES FOR VARIOUS CITY DEPARTMENTS INCLUDING BUT NOT LIMITED TO BUILDING, FIRE, AND ENGINEERING WHEREAS, on May 1, 2019, the City of National City requested services via a Request for Proposal (RFP) for on -call services to provide assistance with permit processing, plan reviews, construction inspection and Code Enforcement services; and WHEREAS, the RFP was e-mailed to over 100 professional consulting firms and also advertised on PlanetBids where over 400 firms were notified; and WHEREAS, the City has an existing contract with EsGil Corporation (SafeBuilt), who provides services for permit processing, plan reviews, construction inspections and code enforcement services for the Building and Fire Department; and WHEREAS, the contract with EsGil, LLC would run concurrently with the contract of any new firm selected as a result of the RFP; and WHEREAS, on August 19, 2020, staff conducted panel interviews and ultimately Bureau Veritas was selected which would provide the Building Division with two firms to provide services; and WHEREAS, after the Bureau Veritas contract was ratified by the City Council on December 17, 2019, EsGil Corporation reached out to the City and met with City staff to discuss how they could improve on the services they provide and agreed to lower their plan review fees to be in line with the current Bureau Veritas contract; and WHEREAS, staff recommends executing a three-year Agreement with EsGil ,LLC for a not -to -exceed amount of $800,000 to provide on -call plan reviews, permit processing, construction inspections, code enforcement services and related services for various City Departments including but not limited to Building, Fire, and Engineering. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby authorizes the Mayor to execute a three-year Agreement with EsGil, LLC for a not -to -exceed amount of $800,000 to provide on -call plan reviews, permit processing, construction inspections, code enforcement services and related services for various City Departments including but not limited to Building, Fire, and Engineering. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21st day of April, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 83 of 221 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) approving the following project proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017 — Roosevelt Avenue Street Resurfacing; 2) reaffirming to the public and State the City's intent to fund previously proposed and adopted projects with RMRA revenues; and 3) authorizing the establishment of a Gas Tax Fund appropriation of $1,176,782 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. (Engineering/Public Works) Please scroll down to view the backup material. 84 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) approving the following project proposed to receive funding from the Road Maintenance and Rehabilitation Account (RMRA) through the Local Streets and Roads Funding Program as required by Senate Bill 1, the Road Repair and Accountability Act of 2017 — Roosevelt Avenue Street Resurfacing; 2) reaffirming to the public and State the City's intent to fund previously proposed and adopted projects with RMRA revenues; and 3) authorizing the establishment of a Gas Tax Fund appropriation of $1,176,782 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. PREPARED BY: Jose Lopez, Associate Civil Engineer PHONE: ;619-336-4312. EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Revenue Account: 109-00000-3416 (Gas Tax, SHC Sec 2030 RMRA) - $1,176,782 Expenditure Account: 109-409-500-498-6035 (Street Resurfacing) - $1,176,782 ENVIRONMENTAL REVIEW: A Categorical Exemption will be filed prior to starting construction. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt Resolution approving a list of projects proposed to receive funding from the RMRA; and establishing budget appropriations and corresponding revenue budget., BOARD 1 COMMISSION RECOMMENDATION: N/P N ATTACHMENTS: 1. Explanation w/ attachments 2. Resolution 00 of 22' Explanation On April 28, 2017, Governor Brown signed State Senate Bill (SB) 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety needs on both the state highway and local streets and road system, SB 1: increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years. On November 1, 2017, the State Controller (Controller) began the process of depositing various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code (SHC) Section 2032(h) for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system. The State Department of Finance has published revised revenue projections for cities and counties. National City is eligible to receive up to $1,176,782 in RMRA funds for FY 2021 (see attached revenue projections). SB 1 emphasizes the importance of accountability and transparency in the delivery of California's transportation programs. Therefore, in order to be eligible for RMRA funding, statute requires cities and counties to provide basic annual RMRA project reporting to the California Transportation Commission (Commission). SHC Section 2032.5(a) articulates the general intent of the legislation that recipients of RMRA funding be held accountable for the efficient investment of public funds to maintain local streets and roads and are accountable to the people through performance goals that are tracked and reported. Pursuant to SHC Section 2030(a), the objective of the Local Streets and Roads Program is to address deferred maintenance on the local streets and roads system through the prioritization and delivery of basic road maintenance and rehabilitation projects as well as critical safety projects. Cities and counties receiving RMRA funds must comply with all relevant federal and state laws, regulations, policies, and procedures. The main requirements for the program are codified in SHC Sections 2034, 2036, 2037, and 2038 and include the following: • Prior to receiving an apportionment of RMRA funds from the Controller in a fiscal year, a city or county must submit to the Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be included in a city or county budget that is adopted by the applicable city council or county board of supervisors at a regular public meeting [SHC 2034(a)(1)]. • The list of projects must include a description and the location of each proposed project, a proposed schedule for the project's completion, and the estimated useful life of the improvement [SHC 2034(a)(1)]. • The project list does not limit the flexibility of an eligible city or county to fund projects in accordance with local needs and priorities so long as the projects are consistent with RMRA priorities as outlined in SHC 2030(b) [SHC 2034(a)(1)]. • The Commission will report to the Controller the cities and counties that have submitted a list of projects as described in SHC 2034(a)(1) and that are therefore 86 of 221 eligible to receive an apportionment of RMRA funds for the applicable fiscal year [SHC 2034(a)(2)]. • The Controller, upon receipt of the report from the Commission, shall apportion RMRA funds to eligible cities and counties pursuant to SHC 2032(h) [SHC 2034(a)(2)]. • For each fiscal year in which RMRA funds are received and expended, cities and counties must submit documentation to the Commission that includes a description and location of each completed project, the amount of funds expended on the project, the completion date, and the estimated useful fife of the improvement [SHC 2034(b)]. • A city or county receiving an apportionment of RMRA funds is required to sustain a maintenance of effort (MOE) by spending at least the annual average of its general fund expenditures during the 2009-10, 2010-11, and 2011-12 fiscal years for street, road, and highway purposes from the city's or county's general fund [SHC 2036]. • A city or county may spend its apportionment of RMRA funds on transportation priorities other than priorities outlined in SHC 2030(b) if the city or county's average Pavement Condition Index (PCI) meets or exceeds 80 [SHC 2037]. • By July 1, 2023, cities and counties receiving RMRA funds must follow guidelines developed by the California Workforce Development Board (Board) that address participation and investment in, or partnership with, new or existing pre -apprenticeship training programs [SHC 2038]. In order to comply with the requirements for receipt and use of RMRA funds, staff recommends the following City Council actions: 1) Approve the following project proposed to receive funding from the RMRA, as required by SB 1: i. Roosevelt Avenue Street Resurfacing — provide pavement rehabilitation, grind and overlay on Roosevelt Avenue between Main Street and W. 16' Street (estimated construction completion by June 2021 with useful life of 10 to 15 years); 2) Reaffirm to the public and State the City's intent to fund the following previously proposed and adopted projects with RMRA Account revenues: i. Citywide Radar Speed Feedback Sign Installations — Install radar speed feedback signs on D Avenue between 24th Street and 30th Street; Harbison Avenue between Division Street and 4th Street; Plaza Bonita Center Way between Valley Road and Sweetwater Road; Valley Road between Sweetwater Road and Calle Abajo; Valley Road between Plaza Bonita Center Way to San Miguel Court; and Cleveland Avenue between Bay Marina Drive to Civic Center Drive (Estimated construction completion by June 2021 with useful life of 10 to 15 years). ii. Division Street — Euclid Avenue to Harbison Avenue Bicycle Improvements - provide pavement rehabilitation, grind and overlay on Division Street between Euclid Avenue and Harbison Avenue (estimated construction completion by December 2020 with useful life of 10 to 15 years); 87 of 221 3) Authorize the establishment of a Gas Tax Fund appropriation of $1,176,782 for Fiscal Year 2021 and corresponding revenue budget for receipt of RMRA funds. 88 of 221 Local Streets and Roads - Projected Revenues Estimated January 2020 2019-20 Hwy Users Tax TCRF Loan Account Kepayment Road Mntnc Rehab Acct TOTAL SAN DIEGO COUNTY 2020-21 Hwy Users Tax Account Road Mntnc Rehab Acct TOTAL CARLS BA D 2,806,325 129,556 2,123, 096 5,058,977 2,902,038 2,176, 539 5,078,576 CHULA VISTA 6,589,289 305,126 5,000,230 11,894,645 6,814,707 5,126,097 11,940,804 CORONADO Ww 608,045 27,765 454,995 1,090,805 628,556 466,448 1,095,005 DEL MAR 113,618 5,004 82,001 200,623 117,315 84,065 201,380 EL CAJON 2,571,795 118,671 1,944,723 4,635,189 2,659,466 1,993,676 4,653,142 1,547,819 71 264 1,167,840 2,786,924 1,600,467 1,197,237 2,797,704 33714, 653.,____„ 171,712 2,813,925 6,700,290 3,841,509 2,884,757 6,726,267 675,683 30,858 505,677 1,212,218 698,480 518,406 1,216,886 1,485,565 68,375 1,120, 493 2,674,433 1,536,079 1,148, 698 2,684,777 669,869 30,588 501,256 1,201,713 692,467 513,873 1,206,340 1 521 585 70 047 1 147 888 2 739 520 1 573 334 1 176 782 2 750 117 OCEANSIDE 4,327,068 200,135 3,279,698 7,806,901 4,474,922 3,362,255 7,837,177 POWAY 1,231,220 56,571 927,050 2,214,841 1,273,013 950,386 m 2,223,399 SAN DIEGO 34,435,839 1,597,035 26,171,332 62,204,205 35,615,685 26,830,119 62,445,805 SAN MARCOS 2,395,129 110,588 1,812,261 4,317,978 2,476,828 1,857,880 4,334,708 SANTEE 1,427,138 65,663 1,076,056 2,568,858 1,475, 649 1,103,143 2,578,792 SOLANA BEACH 345,304 15,664 256,689 617,657 356,876 263,150 620,027 VISTA 2,485,269 114,656 1,878,916 4,478,841 2,569,973 1,926,212 4,496,186 County of San Diego 60,095,666 2,691,083 37,745,958 100,532,707 63,409,784 39,219,164 102,628,948 Total Cities & County: San Diego 129,046,879 5,880,360 90,010,084 224,937,323 134,717,150 92,798,888 227,516,038 SAN FRANCISCO COUNTY ENCINITAS ESCONDIDO IMPERIAL BEACH LA MESA LEMON GROVE NATIONAL CITY SAN FRANCISCO - City Allocation SAN FRANCISCO - County Allocation Total San Francisco SAN JOAQUIN COUNTY ESCALON LATH RO P LODI MANTECA "RIPON�______ STOCKTON TRACY County of San Joaquin Total Cities & County: San Joaquin January 2020 r 20 257,431 993,663 16,283,602 37,534,696 20,991,523 16,693,494 11,491,951 534,407 7,495,751 19,522,109 12,127,249 7,788,307 31, 749, 383 1,528,070 23, 779, 353 57, 056, 805 33,118, 772 24, 481, 801 37, 685, 017 19, 915, 556 57, 600, 573 192,103 8,730 143,055 343,888 198,552 146,656 345,209 604,870 28,034 459,398 1,092,302 625,581 470,962 1,096,543 1,641,536 76,753 1,257,781 2,976,071 1,698,239 1,289,442 2,987,682 2,011,642 94,188 1,543,505 3,649,335 2,081,226 1,582,359 3,663,584 405,251 18,677 306,063 729,991 419,049 313,767 732,816 7,565,578 355,714 5,829,251 13,750,543 7,828,370 5,975,986 13,804,356 2,226,870 104,328 1,709,663 4,040,861 2,303,945 1,752,699 4,056,644 18,150, 371 794,360 11,141, 940 30, 086, 671 19,149, 457 11, 576, 804 30, 726, 261 32,798,222 1,480,783 22,390,658 56,669,662 34,304,418 23,108,675 57,413,094 Ca fiforniaCityFinance.cov. Page 15 of 21 89 of 221 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with A Reason to Survive, Inc. (ARTS) to allow for production of additional bike racks funded by a San Diego Association of Governments (SANDAG) Active Transportation Grant Program (ATGP) grant and local matching funds, and authorizing the Mayor to execute the Amendment. (Engineering/Public Works) Please scroll down to view the backup material. 90 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a First Amendment to the Agreement with A Reason to Survive, Inc. (ARTS) to allow for production of additional bike racks funded by a San Diego Association of Governments (SANDAG) Active Transportation Grant Program (ATGP) grant and local matching funds, and authorizing the Mayor to execute the Amendment. PREPARED BY: Stephen Manganiello, Director of Eng/PW PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: -2 FINANCIAL STATEMENT: APPROVED: `r� ACCOUNT NO. APPROVED: 296-409-500-598-6602 (Bike Parking Enhancements Grant): $18,727 001-409-500-598-6573 (Transportation Improvements CIP - local grant match): $13,000 Funding available through prior appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: Adopt resolution executing a First Amendment to the Agreement with ARTS to allow for production of additional bike racks as part of a SANDAG ATGP grant. FINAL ADOPTION: [ Finance MIS BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. First Amendment to Agreement 2. Resolution 91 of 2211 Explanation In March 2018, the City of National City (City) partnered with ARTS to apply for a $50,000 Active Transportation Grant Program (ATGP) grant from the San Diego Association of Governments (SANDAG) to construct bike parking areas or "Bike Corrals" at various locations within the public rights of way in National City. On July 27, 2018, the SANDAG Board of Directors awarded a $50,000 ATGP grant to the City for design and construction of bike parking enhancements. The grant required a minimum local match of $12,500. On March 5, 2019, the City Council adopted Resolution No. 2019-23 approving grant appropriations to allow City staff to begin work on the project. On August 15, 2019, the City Manager entered into an Agreement with ARTS to assist with community engagement, design, and fabrication of custom bike racks to be installed by City Public Works in designated bike parking areas Citywide. The original Agreement had a not -to -exceed amount of $31,273 and an expiration date of June 30, 2020. To allow for production of additional bike racks under the SANDAG grant, the parties desire to amend the Agreement to increase the not -to -exceed amount by $31,727, for a total Agreement amount of $63,000, and extend the term of the Agreement to December 6, 2020. The First Amendment to the Agreement will be funded by a combination of SANDAG ATGP grant funds and local matching funds. The local matching funds are available through General Fund appropriations for transportation improvements, previously authorized by City Council through adoption of the FY 2020 Capital Improvement Program budget. ARTS agrees that upon completion of the bike racks, ownership of the physical works of art installed within public rights of way shall be transferred to the CITY, and ARTS waives and releases all rights of ownership to those works of art. -1- 92 of 221 FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND A REASON TO SURVIVE, INC. THIS FIRST AMENDMENT TO THE AGREEMENT, is entered into this 21 st day of April, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and A REASON TO SURVIVE, INC., a California non-profit corporation ("ARTS"). RECITALS WHEREAS, in March 2018, the CITY partnered with ARTS to apply for a $50,000 Active Transportation Grant Program ("ATGP") grant from the San Diego Association of Governments ("SANDAG") to construct bike parking areas or "Bike Corrals" at various locations within the public rights of way in National City; WHEREAS, on July 27, 2018, the SANDAG Board of Directors awarded a $50,000 ATGP grant to the CITY for design and construction of bike parking enhancements; WHEREAS, on March 5, 2019, the City Council adopted Resolution No. 2019-23 approving grant appropriations to allow CITY staff to begin work on the project; WHEREAS, on August 15, 2019, the City Manager entered into an Agreement with ARTS to assist with community engagement, design, and fabrication of custom bike racks to be installed by City Public Works in designated bike parking areas Citywide; WHEREAS, the original Agreement had a not -to -exceed amount of $31,273 and an expiration date of June 30, 2020. WHEREAS, to allow for production of additional bike racks under the SANDAG grant, the parties desire to amend the Agreement to increase the not -to -exceed amount and extend the term of the Agreement. WHEREAS, ARTS agrees that upon completion of the bike racks, ownership of the physical works of art installed within public rights of way shall be transferred to the CITY, and ARTS waives and releases all rights of ownership to those works of art. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on August 15, 2019 as follows: /// /// 1. Increase the not -to -exceed amount by $31,727, for a total Agreement amount of $63,000. -2- 93 of 221 2. Extend the term of the Agreement to December 6, 2020, to match the expiration date of the SANDAG grant. 3. The parties further agree that, with the foregoing exceptions, each and every term and provision of the Agreement entered into on August 15, 2019 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY A REASON TO SURVIVE, INC. (ARTS) By: By: Alejandra Sotelo-Solis, Mayor James Halliday, Executive Director APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney -3- 94 of 221 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended January 31, 2020. (Finance) Please scroll down to view the backup material. 95 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended January 31, 2020. PREPARED BY: R?*. Gt4€40 DEPARTMENT: Finance �a� ��� 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 January 31, 2020. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `G'v/!t teal APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION FINANCE MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended January 31, 2020. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 96 of 221 City of National City Consolidated Account#10218 Transaction Ledger As of January 31, 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 01/03/2020 60934N807 210.44 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 210.44 0.00 210.44 0.00 Purchase 01/07/2020 60934N807 600,000.00 Federated Investors Govt Oblig Fund 1.000 1.27% 600,000.00 0.00 600,000.00 0.00 Inst. Purchase 01/08/2020 60934N807 6,700.00 Federated Investors Govt Oblig Fund 1.000 1.27% 6,700.00 0.00 6,700.00 0.00 Inst. Purchase 01/10/2020 60934N807 6,900.00 Federated Investors Govt Oblig Fund 1.000 1.27% 6,900.00 0.00 6,900.00 0.00 Inst. Purchase 01/11/2020 60934N807 6,600.00 Federated Investors Govt Oblig Fund 1.000 1.27% 6,600.00 0.00 6,600.00 0.00 Inst. Purchase 01/13/2020 60934N807 6,828.13 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 6,828.13 0.00 6,828.13 0.00 Purchase 01/15/2020 60934N807 579.00 Federated Investors Govt Oblig Fund 1.000 1.27% 579.00 0.00 579.00 0.00 Inst. Purchase 01/15/2020 60934N807 148.33 Federated Investors Govt Oblig Fund 1.000 1.27% 148.33 0.00 148.33 0.00 Inst. Purchase 01/15/2020 60934N807 613.33 Federated Investors Govt Oblig Fund 1.000 1.27% 613.33 0.00 613.33 0.00 Inst. Purchase 01/15/2020 60934N807 211.79 Federated Investors Govt Oblig Fund 1.000 1.27% 211.79 0.00 211.79 0.00 Inst. Purchase 01/15/2020 60934N807 482.50 Federated Investors Govt Oblig Fund 1.000 1.27% 482.50 0.00 482.50 0.00 Inst. Purchase 01/15/2020 60934N807 280.25 Federated Investors Govt Oblig Fund 1.000 1.27% 280.25 0.00 280.25 0.00 Inst. Purchase 01/15/2020 60934N807 38,111.58 Federated Investors Govt Oblig Fund 1.000 1.27% 38,111.58 0.00 38,111.58 0.00 Inst. Purchase 01/15/2020 60934N807 17,908.29 Federated Investors Govt Oblig Fund 1.000 1.27% 17,908.29 0.00 17,908.29 0.00 Inst. Purchase 01/15/2020 60934N807 25,700.39 Federated Investors Govt Oblig Fund 1.000 1.27% 25,700.39 0.00 25,700.39 0.00 Inst. Purchase 01/15/2020 90LAIF$00 31,974.47 Local Agency Investment Fund State 1.000 2.03% 31,974.47 0.00 31,974.47 Pool 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 3/9/2020 97 of 221 City of National City Consolidated Account#10218 Transaction Ledger As of January 31, 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 01/17/2020 3135G0X24 625,000.00 FNMA Note 1.625% Due 1/7/2025 99.688 1.69% 623,050.00 197.48 623,247.48 0.00 Purchase 01/21/2020 60934N807 626.87 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 626.87 0.00 626.87 0.00 Purchase 01/21/2020 60934N807 438.96 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 438.96 0.00 438.96 0.00 Purchase 01/21/2020 60934N807 11,015.85 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 11,015.85 0.00 11,015.85 0.00 Purchase 01/25/2020 60934N807 5,625.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 5,625.00 0.00 5,625.00 0.00 Purchase 01/28/2020 60934N807 4,900.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 4,900.00 0.00 4,900.00 0.00 Purchase Purchase 01/29/2020 60934N807 01/31/2020 60934N807 Purchase 01/31/2020 60934N807 4,700.00 Federated Investors Govt Oblig Fund Inst. 490,000.00 Federated Investors Govt Oblig Fund Inst. 10,962.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 4,700.00 1.000 1.22% 490,000.00 1.000 1.22% 10,962.50 0.00 0.00 0.00 4,700.00 490,000.00 10,962.50 0.00 0.00 0.00 Subtotal 1,896,517.68 1,894,567.68 197.48 1,894,765.16 0.00 Security Contribution 01/31/2020 90SDCP$00 195,000.00 County of San Diego Pooled Investment 1.000 Pool 195,000.00 0.00 195,000.00 0.00 Subtotal 195,000.00 195,000.00 0.00 195,000.00 0.00 TOTAL ACQUISITIONS 2,091,517.68 2,089,567.68 197.48 2,089,765.16 0.00 DISPOSITIONS Sale 01/17/2020 60934N807 623,247.48 Federated Investors Govt Oblig Fund Inst. 1.000 1.27% 623,247.48 0.00 623,247.48 0.00 Subtotal 623,247.48 623,247.48 0.00 623,247.48 0.00 Paydown 01/15/2020 02582JHE3 0.00 American Express Credit Trust 2017-3 A 100.000 1.77% Due 11/15/2022 0.00 280.25 280.25 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 3/9/2020 98 of 221 City of National City Consolidated Account#10218 Transaction Ledger As of January 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 01/15/2020 02587AAJ3 0.00 American Express Credit Trust 2017-1 A 100.000 1.93% Due 9/15/2022 0.00 482.50 482.50 0.00 Paydown 01/15/2020 161571GX6 0.00 Chase Issuance Trust 2015-A4 A4 100.000 1.84% Due 4/15/2022 0.00 613.33 613.33 0.00 Paydown 01/15/2020 43815NAC8 0.00 Honda Auto Receivables Trust 2019-3 100.000 0.00 148.33 148.33 0.00 A3 1.78% Due 8/15/2023 Paydown 01/15/2020 477870AC3 0.00 John Deere Owner Trust 2019-B A3 100.000 0.00 211.79 211.79 0.00 2.21% Due 12/15/2023 Paydown 01/15/2020 47788EAB4 37,825.71 John Deere Owner Trust 2018-B A2 100.000 37,825.71 285.87 38,111.58 1.55 2.83% Due 4/15/2021 Paydown 01/15/2020 47789JAB2 17,505.94 John Deere Owner Trust 2019-A A2 100.000 17,505.94 402.35 17,908.29 0.80 2.85% Due 12/15/2021 Paydown 01/15/2020 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C 100.000 0.00 579.00 579.00 0.00 A3 1.93% Due 7/15/2024 Paydown 01/15/2020 89238KAD4 25,215.45 Toyota Auto Receivables Trust 2017-D 100.000 A3 1.93% Due 1/18/2022 25,215.45 484.94 25,700.39 69.94 Paydown 01/21/2020 43814UAG4 0.00 Honda Auto Receivables Trust 2018-2 100.000 0.00 438.96 438.96 0.00 A3 3.01% Due 5/18/2022 Paydown 01/21/2020 43814WAB1 10,749.14 Honda Auto Receivables Trust 2019-1 100.000 10,749.14 266.71 11,015.85 0.69 A2 2.75% Due 9/20/2021 Paydown 01/21/2020 43815HAC1 0.00 Honda Auto Receivables Trust 2018-3 100.000 0.00 626.87 626.87 0.00 A3 2.95% Due 8/22/2022 Subtotal 91,296.24 91,296.24 4,820.90 96,117.14 72.98 Maturity 01/07/2020 89233GA71 600,000.00 Toyota Motor Credit Discount CP 98.995 593,972.33 6,027.67 600,000.00 0.00 2.14% Due 1/7/2020 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 3/9/2020 99 of 221 City of National City Consolidated Account#10218 Transaction Ledger As of January 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Maturity 01/31/2020 912828UL2 490,000.00 US Treasury Note 1.375% Due 1/31/2020 100.000 490,000.00 0.00 490,000.00 687.42 Subtotal 1,090,000.00 1,083,972.33 6,027.67 1,090,000.00 687.42 Security 01/06/2020 60934N807 2,259.21 Federated Investors Govt Oblig Fund 1.000 Withdrawal Inst. 2,259.21 0.00 2,259.21 0.00 Subtotal 2,259.21 2,259.21 0.00 2,259.21 0.00 TOTAL DISPOSITIONS 1,806,802.93 1,800,775.26 10,848.57 1,811,623.83 760.40 OTHER TRANSACTIONS Interest 01/08/2020 89236TFS9 400,000.00 Toyota Motor Credit Corp Note 0.000 6,700.00 0.00 6,700.00 0.00 3.35% Due 1/8/2024 Interest 01/10/2020 24422EUR8 400,000.00 John Deere Capital Corp Note 0.000 6,900.00 0.00 6,900.00 0.00 3.45% Due 1/10/2024 Interest 01/11/2020 06051GEU9 400,000.00 Bank of America Corp Note 0.000 6,600.00 0.00 6,600.00 0.00 3.3% Due 1/11/2023 Interest 01/13/2020 3137EADB2 575,000.00 FHLMC Note 2.375% Due 1/13/2022 0.000 6,828.13 0.00 6,828.13 0.00 Interest 01/25/2020 45950KCM0 500,000.00 International Finance Corp Note 0.000 5,625.00 0.00 5,625.00 0.00 2.25% Due 1/25/2021 Interest 01/28/2020 69353RFE3 400,000.00 PNC Bank Callable Note Cont 6/28/2022 0.000 4,900.00 0.00 4,900.00 0.00 Interest 2.45% Due 7/28/2022 01/29/2020 91159HHL7 400,000.00 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 1/29/2021 Interest Interest 0.000 4,700.00 0.00 4,700.00 0.00 01/31/2020 912828576 600,000.00 US Treasury Note 1.125% Due 7/31/2021 01/31/2020 912828UL2 490,000.00 US Treasury Note 1.375% Due 1/31/2020 0.000 0.000 3,375.00 0.00 3,375.00 0.00 3,368.75 0.00 3,368.75 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 3/9/202( 100 of 221 City of National City Consolidated Account#10218 Transaction Ledger As of January 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 01/31/2020 912828V72 450,000.00 US Treasury Note 1.875% Due 1/31/2022 0.000 4,218.75 0.00 4,218.75 0.00 Subtotal 4,615,000.00 53,215.63 0.00 53,215.63 0.00 Dividend 01/03/2020 60934N807 133,910.84 Federated Investors Govt Oblig Fund 0.000 210.44 0.00 210.44 0.00 Inst. Dividend 01/15/2020 9OLAIF$00 511,584,474.84 Local Agency Investment Fund State 0.000 31,974.47 0.00 31,974.47 0.00 Pool Subtotal 511,718,385.68 32,184.91 0.00 32,184.91 0.00 TOTAL OTHER TRANSACTIONS 516,333,385.68 85,400.54 0.00 85,400.54 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 3/9/202( 101 of 221 The following page(s) contain the backup material for Agenda Item: Warrant Register #36 for the period of 2/26/20 through 3/3/20 in the amount of $1,443,903.30. (Finance) Please scroll down to view the backup material. 102 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #36 for the period of 2/26/20 through 3/3/20 in the amount of $1,443,903.30. (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 2/26/20 - 3/3/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net Inc 346599 81,626.67 GRP# R1192A — Feb 2020 Innovative Construction 346650 51,207.00 Euclid Bicycle & Ped Enh. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,443,903.30. 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 $1,443,903.30 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 36 103 of 221 \ l / CALIFORNIA .*+ NATIONAL, iTy Oti:.i TNCRPoRATria' WARRANT REGISTER # 36 3/3/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS / MARCH 2020 346520 3/3/20 160.00 ANDERSON, E RETIREE HEALTH BENEFITS / MARCH 2020 346521 3/3/20 110.00 BEARD, P RETIREE HEALTH BENEFITS / MARCH 2020 346522 3/3/20 70.00 BECK, L RETIREE HEALTH BENEFITS / MARCH 2020 346523 3/3/20 140.00 BISHOP, R RETIREE HEALTH BENEFITS / MARCH 2020 346524 3/3/20 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / MARCH 2020 346525 3/3/20 260.00 BULL, P RETIREE HEALTH BENEFITS / MARCH 2020 346526 3/3/20 580.00 CAMEON, C RETIREE HEALTH BENEFITS / MARCH 2020 346527 3/3/20 400.00 CARRILLO, R RETIREE HEALTH BENEFITS / MARCH 2020 346528 3/3/20 290.00 COLE, L RETIREE HEALTH BENEFITS / MARCH 2020 346529 3/3/20 165.00 COLLINSON, C RETIREE HEALTH BENEFITS / MARCH 2020 346530 3/3/20 420.00 CONDON, D RETIREE HEALTH BENEFITS / MARCH 2020 346531 3/3/20 280.00 CORDERO, E RETIREE HEALTH BENEFITS / MARCH 2020 346532 3/3/20 520.00 CORPUZ, T RETIREE HEALTH BENEFITS / MARCH 2020 346533 3/3/20 140.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / MARCH 2020 346534 3/3/20 250.00 DEESE, L RETIREE HEALTH BENEFITS / MARCH 2020 346535 3/3/20 660.00 DESROCHERS, P RETIREE HEALTH BENEFITS / MARCH 2020 346536 3/3/20 110.00 DIAZ, M RETIREE HEALTH BENEFITS / MARCH 2020 346537 3/3/20 680.00 DILLARD, S RETIREE HEALTH BENEFITS / MARCH 2020 346538 3/3/20 480.00 DREDGE, J RETIREE HEALTH BENEFITS / MARCH 2020 346539 3/3/20 250.00 EISER III, G RETIREE HEALTH BENEFITS / MARCH 2020 346540 3/3/20 250.00 ESPIRITU, D RETIREE HEALTH BENEFITS / MARCH 2020 346541 3/3/20 620.00 ETZLER, J RETIREE HEALTH BENEFITS / MARCH 2020 346542 3/3/20 460.00 FABINSKI, D RETIREE HEALTH BENEFITS / MARCH 2020 346543 3/3/20 220.00 FERNANDEZ, R RETIREE HEALTH BENEFITS / MARCH 2020 346544 3/3/20 270.00 FIFIELD, K RETIREE HEALTH BENEFITS / MARCH 2020 346545 3/3/20 540.00 GAUT, A RETIREE HEALTH BENEFITS / MARCH 2020 346546 3/3/20 700.00 GELSKEY, K RETIREE HEALTH BENEFITS / MARCH 2020 346547 3/3/20 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS / MARCH 2020 346548 3/3/20 120.00 GONZALES, M RETIREE HEALTH BENEFITS / MARCH 2020 346549 3/3/20 480.00 HANSON, E RETIREE HEALTH BENEFITS / MARCH 2020 346550 3/3/20 135.00 HARLAN, M RETIREE HEALTH BENEFITS / MARCH 2020 346551 3/3/20 500.00 HAUG, S RETIREE HEALTH BENEFITS / MARCH 2020 346552 3/3/20 120.00 HERNANDEZ, M RETIREE HEALTH BENEFITS / MARCH 2020 346553 3/3/20 600.00 HERNANDEZ, R RETIREE HEALTH BENEFITS / MARCH 2020 346554 3/3/20 400.00 HODGES, B RETIREE HEALTH BENEFITS / MARCH 2020 346555 3/3/20 200.00 IBARRA, J RETIREE HEALTH BENEFITS / MARCH 2020 346556 3/3/20 780.00 JAMES, R RETIREE HEALTH BENEFITS / MARCH 2020 346557 3/3/20 140.00 JONES, D RETIREE HEALTH BENEFITS / MARCH 2020 346558 3/3/20 480.00 JUNIEL, R RETIREE HEALTH BENEFITS / MARCH 2020 346559 3/3/20 50.00 KIMBLE, R RETIREE HEALTH BENEFITS / MARCH 2020 346560 3/3/20 300.00 KLOS, F RETIREE HEALTH BENEFITS / MARCH 2020 346561 3/3/20 480.00 LEACH, D RETIREE HEALTH BENEFITS / MARCH 2020 346562 3/3/20 600.00 LIMFUECO, M RETIREE HEALTH BENEFITS / MARCH 2020 346563 3/3/20 160.00 MATIENZO, M RETIREE HEALTH BENEFITS / MARCH 2020 346564 3/3/20 100.00 MC CABE, T RETIREE HEALTH BENEFITS / MARCH 2020 346565 3/3/20 280.00 MCDANIEL, P RETIREE HEALTH BENEFITS / MARCH 2020 346566 3/3/20 290.00 MEDINA, R RETIREE HEALTH BENEFITS / MARCH 2020 346567 3/3/20 105.00 MENDOZA, G RETIREE HEALTH BENEFITS / MARCH 2020 346568 3/3/20 290 00 1/4 104 of 221 \ l / CALIFORNIA .*+ I,O�� yl��j,AL iTy Oti:.i TNCRPoRATria' WARRANT REGISTER # 36 3/3/2020 PAYEE DESCRIPTION CHK NO DATE AMOUNT MINER, D RETIREE HEALTH BENEFITS / MARCH 2020 346569 3/3/20 580.00 MORRISON, R RETIREE HEALTH BENEFITS / MARCH 2020 346570 3/3/20 520.00 NAGLE, D RETIREE HEALTH BENEFITS / MARCH 2020 346571 3/3/20 460.00 NOTEWARE, D RETIREE HEALTH BENEFITS / MARCH 2020 346572 3/3/20 120.00 OLIVARES, G RETIREE HEALTH BENEFITS / MARCH 2020 346573 3/3/20 280.00 OLIVERIA, H RETIREE HEALTH BENEFITS / MARCH 2020 346574 3/3/20 360.00 PAUU JR, P RETIREE HEALTH BENEFITS / MARCH 2020 346575 3/3/20 340.00 PEASE JR, D RETIREE HEALTH BENEFITS / MARCH 2020 346576 3/3/20 140.00 PETERS, S RETIREE HEALTH BENEFITS / MARCH 2020 346577 3/3/20 290.00 POST, R RETIREE HEALTH BENEFITS / MARCH 2020 346578 3/3/20 280.00 RAY, S RETIREE HEALTH BENEFITS / MARCH 2020 346579 3/3/20 190.00 ROARK, L RETIREE HEALTH BENEFITS / MARCH 2020 346580 3/3/20 135.00 RODRIGUEZ, M RETIREE HEALTH BENEFITS / MARCH 2020 346581 3/3/20 260.00 RUIZ, J RETIREE HEALTH BENEFITS / MARCH 2020 346582 3/3/20 310.00 SANCHEZ, L RETIREE HEALTH BENEFITS / MARCH 2020 346583 3/3/20 330.00 SERVATIUS, J RETIREE HEALTH BENEFITS / MARCH 2020 346584 3/3/20 340.00 SHOEMSKER, M RETIREE HEALTH BENEFITS / MARCH 2020 346585 3/3/20 480.00 SHORT, C RETIREE HEALTH BENEFITS / MARCH 2020 346586 3/3/20 300.00 SMITH, J RETIREE HEALTH BENEFITS / MARCH 2020 346587 3/3/20 320.00 STEWART, W RETIREE HEALTH BENEFITS / MARCH 2020 346588 3/3/20 200.00 STRASEN, W RETIREE HEALTH BENEFITS / MARCH 2020 346589 3/3/20 135.00 TIPTON, B RETIREE HEALTH BENEFITS / MARCH 2020 346590 3/3/20 250.00 VERRY, L RETIREE HEALTH BENEFITS / MARCH 2020 346591 3/3/20 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS / MARCH 2020 346592 3/3/20 480.00 WHITE, J RETIREE HEALTH BENEFITS / MARCH 2020 346593 3/3/20 230.00 YBARRA, A RETIREE HEALTH BENEFITS / MARCH 2020 346594 3/3/20 660.00 RETIREE HEALTH BENEFITS 24,130.00 ANDERSON, S REFUND / B OF A PLAN FUND DEDUCTION 346595 3/3/20 873.00 CITY OF NATIONAL CITY PETTY CASH REPLENISHMENT - SEPT - JAN 20 346596 3/3/20 411.25 HEALTH NET GRP# N7177A - FEB 2020 346597 3/3/20 1,860.36 HEALTH NET GRP# N7176F - FEB 2020 346598 3/3/20 1,598.46 HEALTH NET INC GRP# R1192A - FEB 2020 346599 3/3/20 81,626.67 HEALTH NET INC GRP# 57135A - FEB 2020 346600 3/3/20 2,504.29 HEALTH NET INC GRP# 57135M - FEB 2020 346601 3/3/20 1,252.16 KAISER FOUNDATION HEALTH PLANS GRP# 104220-01, 06, 07 - JAN 2020 346602 3/3/20 20,085.04 KAISER FOUNDATION HEALTH PLANS GRP# 104220-03, 09 - FEB 2020 346603 3/3/20 7,444.04 KAISER FOUNDATION HEALTH PLANS GRP# 104220-03, 09 - JAN 2020 346604 3/3/20 6,938.76 KAISER FOUNDATION HEALTH PLANS GRP# 104220-05 - JAN 2020 346605 3/3/20 3,951.61 KAISER FOUNDATION HEALTH PLANS GRP# 104220-7002- JAN 2020 346606 3/3/20 1,632.72 LIFE ASSIST INC IC3780, PARALLAX EYEWEAR, CLEAR LENS- 346607 3/3/20 217.50 MINUTEMAN PRESS ANNUAL BUDGET BOOOKS FOR FY20 346608 3/3/20 1,372.89 PE, R REFUND / B OF A PLAN FUND DEDUCTION 346609 3/3/20 14.66 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES - PW 346610 3/3/20 4,764.83 SABALA, A REFUND / B OF A PLAN FUND DEDUCTION 346611 3/3/20 368.00 SHEPHARD, S REFUND / B OF A PLAN FUND DEDUCTION 346612 3/3/20 1,069.36 ACME SAFETY & SUPPLY CORP ANCHOR STAND 346613 3/3/20 144.20 ALDEMCO FOOD / NUTRITION 346614 3/3/20 4,057.22 ALL FRESH PRODUCTS FOOD / NUTRITION 346615 3/3/20 684.84 ARROWHEAD FORENSIC PRODUCTS P&E SUPPLIES / PD 346616 3/3/20 1.631.25 2/4 105 of 221 PAYEE AT&T BALL KIA BETTER IMPACT USA INC BROADWAY AUTO GLASS CALIFORNIA ELECTRIC SUPPLY CDWG CDWG CEKANDER, L CHRISTENSEN & SPATH LLP CLAIMS MANAGEMENT ASSOCIATES CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC COCINA ARTESANAL COX COMMUNICATIONS CSA SAN DIEGO COUNTY DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DAY WIRELESS SYSTEMS D-MAX ENGINEERING INC DURAN, D ENDURA LLC ENNIS FLINT INC EPIC LAND SOLUTIONS INC FACTORY MOTOR PARTS GRAINGER HAAKER EQUIPMENT COMPANY HEALTH NET HOUSING CALIFORNIA INNOVATIVE CONSTRUCTION JM NATIONAL CITY SD LLC LASER SAVER INC LCPTRACKER INC LOPEZ, L LOPEZ, TERESA YOLANDA MANGANIELLO, S MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NATIONAL CITY AUTO TRIM NATIONAL CITY ELECTRIC NATIONAL CITY MOTORCYCLES O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PALMA, A PARTS AUTHORITY METRO LLC \ l / CALIFORNIA .*+ I,O�� yl��j,AL iTy Oti:.i TNCRPoRATria' WARRANT REGISTER # 36 3/3/2020 DESCRIPTION AT&T SBC ANNUAL PHONE SERVICE FOR FY20 KIA OPTIMA CAR PARTS BETTER IMPACT RENEWAL OFFSITE WINDOW TINT, REPAIR, AND MOP 45698 ELECTRIC SUPPLIES - PW NIMBLE STORAGE CAREPACK / MIS CISCO HARDDRIVE 600 GB 12GB/S- TRAINING REIMB CPTED BASIC CEKANDER ATTORNEY SERVICES: FIRST TIME HOME BUYER PROFESSIONAL SERVICES WATER TREATMENT SERVICE AGREEMENT MOP 80331 AUTO SUPPLIES - PW CATERING - STATE OF THE CITY COX DATA VIDEO SERVICES FY20 CDBG AGREEMENT: CSA SAN DIEGO COUNTY LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST RADIO SERVICE T&A90413 HABITAT 4 HUMANATY TRAINING REIMB ARIDE DURAN DISPATCH CHAIRS TRAFFIC PAINT APPRAISAL OF BAY MARINA DRIVE & CLEVELAN MOP 82766 AUTO SUPPLIES - PW MOP 65179 GENERAL SUPPLIES - PW STREET SWEEPER REPAIR GRP# R1192R - FEB 2020 2020 ANNUAL HOUSING CALIFORNIA CONFERENCE EUCLID BICYCLE & PED. ENH. CATERING - STATE OF THE CITY MOP 04840. INK CARTRIDGES / PD LCP TRACKER ANNUAL RENEWAL TRAINING MILEAGE REIMBURSEMENT SENIOR CENTER TRASLATOR INTERPRETER TRAVEL REIMBURSEMENT LIABILITY CLAIM COST LIABILITY CLAIM COST R&M CITY VEHICLES AS NEEDED FY 2020 CITYWIDE ON -SITE ELECTRICAL SERVICE AND REPAIR FOR EMERGENCY MOP 75877 GENERAL SUPPLIES - PW CONSUMABLES NUTRITION MILEAGE REIMB TO REGIONAL MEETING MOP 75943 AUTO SUPPLIES - PW CHK NO 346617 346618 346619 346620 346621 346622 346623 346624 346625 346626 346627 346628 346629 346630 346631 346632 346633 346634 346635 346636 346637 346638 346639 346640 346641 346642 346643 346644 346645 346646 346647 346648 346649 346650 346651 346652 346653 346654 346655 346656 346657 346658 346659 346660 346661 346662 346663 346664 346665 DATE 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 3/3/20 AMOUNT 524.66 463.34 425.00 469.00 618.64 19,445.48 2,013.15 205.34 5,850.00 6,400.00 475.00 487.46 200.00 174.00 7,078.16 7,970.75 2,887.50 1,653.98 1,092.50 1,049.66 580.00 320.30 5,116.02 1,816.21 44.75 5,048.82 2,129.96 3,500.00 94.22 440.32 18,612.41 832.36 475.00 51,207.00 74.99 260.78 4,267.00 61.71 160.00 163.07 1,316.25 809.83 278.56 395.00 978.85 11.66 2,918.64 20.11 348 71 3/4 106 of 221 PAYEE PARTS AUTHORITY METRO LLC PENSKE FORD PORTILLO CONCRETE INC POWERSTRIDE BATTERY CO INC PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY RDO EQUIPMENT CO RED TRUCK FIRE & SAFETY CO REDDY, R SDG&E SEAPORT MEAT COMPANY SEGAL, M SHARP ELECTRONICS CORPORATION SMART & FINAL SMART & FINAL SOUTH BAY COMMUNITY SERVICES SOUTHERN CALIF TRUCK STOP SPEEDPRO IMAGING STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE LINE PRINTING COMPANY INC THE SHERWIN WILLIAMS CO VALLEY INDUSTRIAL SPECIALTIES VASQUEZ, XAVIER VILLA MANILA VULCAN MATERIALS COMPANY WAXIE SANITARY SUPPLY WEST COAST ARBORISTS INC WEST PAYMENT CENTER W ETMORES NAPOLEONE PIZZA HOUSE SECTION 8 HAPS \ l / CALIFORNIA .*+ I, O�� yl��j, AL ? ; 3. TNCURPonp oRATVD WARRANT REGISTER # 36 3/3/2020 DESCRIPTION MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FOR FY 2019 PALM AVE ROAD REHAB PROJECT CIP 19-05 MOP 67839 AUTO SUPPLIES - PW TASER CARTRIDGES AND TASER MOP 45742 LAUNDRY SERVICES - PW BELT / PW CITYWIDE, ON -SITE FIRE EXTINGUISHER TRAVEL EXPENSE REPORT GAS & ELECTRIC UTILITIES FOR PW FY 2020 FOOD / NUTRITION TRAINING REIM SOCIAL MEDIA SEGAL MAINTENANCE 20 SHARP COPIERS FOR FY20 MOP CREDIT CARD STATEMENT CASA DE SALUD SNACKS SBCS DVRT CDBG AGREEMENT FY 20 MOP 45758 AUTO SUPPLIES - PW JOIN NCPD STICKERS CAMACHO REC SUPPLIES SAFE FOR EL TOYON OFFICE SUPPLIES/ COUNCIL WATER BILL FOR FACILITIES FY 2020 FOOD NUTRITION PRINTING MATERIAL FOR STATE OF THE CITY MOP 77816 PAINT SUPPLIES - PW MOP 46453 GENERAL SUPPLIES - PW VIDEO DOCUMENTATION - STATE OF THE CITY CATERING - STATE OF THE CITY HOT ASPHALTS MISCELLANEOUS JANITORIAL SUPPLIES ARBORIST SERVICES INVESTIGATION MOP 80333 AUTO SUPPLIES - PW CATERING - STATE OF THE CITY Start Date 2/26/2020 End Date 3/3/2020 CHK NO DATE AMOUNT 346666 3/3/20 93.79 346667 3/3/20 317.30 346668 3/3/20 28,500.00 346669 3/3/20 283.75 346670 3/3/20 15,707.00 346671 3/3/20 887.43 346672 3/3/20 90.57 346673 3/3/20 1,947.41 346674 3/3/20 12.65 346675 3/3/20 30,881.75 346676 3/3/20 713.43 346677 3/3/20 109.92 346678 3/3/20 3,237.84 346679 3/3/20 271.41 346680 3/3/20 145.56 346681 3/3/20 4,590.33 346682 3/3/20 51.51 346683 3/3/20 85.35 346684 3/3/20 650.94 346685 3/3/20 15.94 346686 3/3/20 1,164.84 346687 3/3/20 6,339.26 346688 3/3/20 3,614.85 346689 3/3/20 253.44 346690 3/3/20 607.91 346691 3/3/20 1,500.00 346692 3/3/20 122.34 346693 3/3/20 357.95 346694 3/3/20 2,467.03 346695 3/3/20 14,700.00 346696 3/3/20 608.63 346697 3/3/20 14.31 346698 3/3/20 700.00 A/P Total 451,443.70 992,459.60 GRAND TOTAL $ 1,443,903.30 4/4 107 of 221 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 21ST OF APRIL 2020. AYES NAYS ABSENT 108 of 221 The following page(s) contain the backup material for Agenda Item: Warrant Register #37 for the period of 3/4/20 through 3/10/20 in the amount of $1,806,802.44. (Finance) Please scroll down to view the backup material. 109 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #37 for the period of 3/4/20 through 3/10/20 in the amount of $1,806,802.44. (Finance) PREPARED BY: Karla Apalategui, Senior Accounting Assistant DEPARTMENT: Finance PHONE: 619-336-4572 =1�� EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 3/4/20 - 3/10/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation EsGil Corporation 346734 69,918.07 EsGil — Permit & Inspection Service Geosytec Consultants Inc 346739 119,096.91 CNC as Needed Services Kaiser Foundation HP 346746 191,064.68 Group# 104220-0002 — Feb 2020 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,806,802.44. APPROVED: L` yea �GU FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,806,802.44 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 37 110 of 221 CALIFORNIA °-4i PAYEE ACE UNIFORMS & ACCESSORIES INC AETNA BEHAVIORAL HEALTH ALTA LANGUAGE SERVICES INC AT&T AT&T BENNETT BOWEN & LIGHTHOUSE INC BLACK, N BOOT WORLD CAPF CALIFA GROUP CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LAW ENFORCEMENT CHRISTENSEN & SPATH LLP CLF WAREHOUSE INC COHERO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO COX COMMUNICATIONS CRUZ, J DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DAY WIRELESS SYSTEMS (20) DELGADO, E DISCOUNT SPECIALTY CHEMICALS DURON, C ESGIL CORPORATION EXOS COMMUNITY SERVICES LLC FACTORY MOTOR PARTS FEDEX GBS FENCE GEOSYNTEC CONSULTANTS INC GRAINGER HAAKER EQUIPMENT COMPANY HANSON AGGREGATES PACIFIC HAWTHORNE MACHINERY HUB CONSTRUCTION KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS NATIONAL IT IN'CORFOILATEn WARRANT REGISTER # 37 3/10/2020 DESCRIPTION STATION UNIFORMS EMPLOYEE ASSISTANCE PROGRAM - MARCH EMPLOYEE BILINGUAL TESTING AT&T SBC ANNUAL PHONE SERVICE FOR FY20 AT&T SBC ANNUAL PHONE SERVICE FOR FY20 REVERSIBLE JACKETS VARIOUS SIZES EDUCATION REIMBURSEMENT MOP 64096 SAFETY WEARING APPAREL - PW FIRE LTD - MARCH 2020 CALIFA BROADBAND FY20 FIXTURE / PW PD LTD - MARCH 2020 ATTORNEY SERVICES FOR 8TH & B PROJECT AC MOP 80331 AUTO SUPPLIES - PW RMS SUPPORT SERVICES ANNUAL RENEWAL CO OF SD PARKING CITATION REVENUE / AUG CO OF SD PARKING CITATION REVENUE / FEB CO OF SD PARKING CITATION REVENUE / SEP CO OF SD PARKING CITATION REVENUE / JAN CO OF SD PARKING CITATION REVENUE / NOV CO OF SD PARKING CITATION REVENUE / OCT CO OF SD PARKING CITATION REVENUE / DEC NEXTGEN REGIONAL COMMUNICATIONS SYSTEM COX DATA VIDEO SERVICES FY20 TRAINING ADV LDG HNR GRD CRUZ J LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST COMMUNICATIONS EQUIPMENT SERVICE CASA DE SALUD SNACKS AND OFFICE SUPPLIES URIC SALT REMOVER EDUCATION REIMBURSEMENT ESGIL - PERMIT & INSPECTION SERVICES MANAGEMENT FEES - MOP 82766 AUTO SUPPLIES - PW FED EX FEE T&A90360 3301 FAIRLOMAS RD. CNC AS NEEDED SERVICES MOP 65179 GENERAL SUPPLIES - PW WIRE SKID / PW INFIELD SOIL A-1 RED KEYS / PW 1 1/2 X4X 10 EXPANSION JOINT GROUP# 104220-0002 - FEB 2020 GRP# 104220-01, 06, 07 - FEB 2020 GROUP# 104220-05 - FEB 2020 GRP# 104220-09, FEB 2020 CHK NO 346699 346700 346701 346702 346703 346704 346705 346706 346707 346708 346709 346710 346711 346712 346713 346714 346715 346716 346717 346718 346719 346720 346721 346722 346723 346724 346725 346726 346727 346728 346729 346730 346731 346732 346734 346735 346736 346737 346738 346739 346740 346741 346742 346743 346744 346745 346746 346747 346748 DATE 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 3/10/20 AMOUNT 3,059.41 1,045.36 132.00 2,286.60 93.24 418.68 375.37 690.35 1,062.00 4,887.94 1,104.36 2,058.00 843.75 530.26 28,000.00 14,329.00 10,707.50 8,235.00 8,142.50 6,120.50 5,900.00 5,833.00 9,063.00 445.22 538.25 8,353.96 8,133.96 2,448.22 1,973.36 420.30 675.75 128.78 231.97 300.00 69,918.07 30,740.63 128.00 22.90 568.08 119,096.91 230.18 91.20 262.91 65.90 42.78 191,064.68 20,688.34 5,830.46 1/2 111 of 221 CALIFORNIA °-4i PAYEE LASER SAVER INC LIEBERT CASSIDY WHITMORE MCDOUGAL LOVE ECKIS NAPA AUTO PARTS NATIONAL CREDIT REPORTING OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PCS MOBILE POWERSTRIDE BATTERY CO INC PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY PTS QUAL CHEM CORPORATION QUESTYS SOLUTIONS REDDY, R RIVERSIDE COUNTY SHERIFF DEPT SAN DIEGO MIRAMAR COLLEGE SAN DIEGO MIRAMAR COLLEGE SASI SCST INC SEECLICKFIX INC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPOK INC STAPLES BUSINESS ADVANTAGE STILES, J SWAGIT PRODUCTION LLC THE ALTUM GROUP THE SHERWIN WILLIAMS CO TOPECO PRODUCTS T'S & SIGNS U S BANK VERIZON WIRELESS VISION SERVICE PLAN VULCAN MATERIALS COMPANY WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC PAYROLL Pay period Start Date 4 2/11/2020 NATIONAL IT INCORFOILATEn WARRANT REGISTER # 37 3/10/2020 DESCRIPTION MOP 45725, FIRE CHARGES PERSONNEL MATTER LIABILITY CLAIM COST MOP 45735 GENERAL SUPPLIES - PW PAY FOR BACKGROUND CREDIT REPORTS MOP83776.OFFICE SUPPLIES/ENG. MOP 75877 AUTO SUPPLIES - PW MOP 75943 AUTO SUPPLIES - PW CF-VZSU46AU, BATTERY PACK FOR CF-30K MOP 67839 AUTO SUPPLIES - PW TEMPORARY SERVICES / NSD MOP 45742 LAUNDRY SERVICES - PW PAYPHONE SERVICES 5 GALLON GRANULAR SEWER MAINTAINER QUESTYS WORKFLOW DESIGN, TRAINING TRAVEL EXPENSE REPORT TRAINING TUITION DISPATCH SILVIA TRAINING 122POLICEACEMDY 2 STUDENTS TRAINING TUITION FTO UPD 2 FEB3 DEBIT CARD CHARGES / FEB 2020 EUCLID AVE. BICYCLE & PED. ENH. SEECLICKFIX ANNUAL RENEWAL MOP 63845, FIRE CHARGES MOP 45758 GENERAL SUPPLIES - PW LIGHTING SERVICES / JAN 2020 METROCALL PAGING FOR FY20 OFFICE SUPPLIES EDUCATION REIMBURSEMENT SWAGIT WEBCASTING FOR FY20 AMORTIZATION - THE ALTUM GROUP MOP 77816 PAINT SUPPLIES / NSD MOP 63849 GENERAL AUTO SUPPLIES - PW FOAMCORE- BIRTHDAY CARD MONTHLY CREDIT CARD STATEMENT - FEBRUARY VERIZON CELLULAR SERVICES FOR FY20 VISION SERVICE PLAN (CA) - FEB 2020 HOT ASPHALT MOP 63850 GENERAL AUTO SUPPLIES - PW MOP 80333 GENERAL SUPPLIES - PW ELECTRONICS SUPPLIES STREET TRAFFIC SIGNS End Date 2/24/2020 Check Date 3/4/2020 CHK NO DATE AMOUNT 346749 3/10/20 48.88 346750 3/10/20 768.00 346751 3/10/20 980.00 346752 3/10/20 113.08 346753 3/10/20 1,190.15 346754 3/10/20 19.98 346755 3/10/20 346.11 346756 3/10/20 99.80 346757 3/10/20 337.13 346758 3/10/20 155.41 346759 3/10/20 1,600.00 346760 3/10/20 1,183.77 346761 3/10/20 78.00 346762 3/10/20 552.97 346763 3/10/20 5,400.00 346764 3/10/20 12.65 346765 3/10/20 369.00 346766 3/10/20 1,380.00 346767 3/10/20 46.00 346768 3/10/20 128.50 346769 3/10/20 22,382.50 346770 3/10/20 16,682.00 346771 3/10/20 120.88 346772 3/10/20 243.64 346773 3/10/20 23,684.63 346774 3/10/20 657.86 346775 3/10/20 835.50 346776 3/10/20 621.00 346777 3/10/20 1,920.83 346778 3/10/20 2,575.00 346779 3/10/20 259.39 346780 3/10/20 129.81 346781 3/10/20 190.31 346782 3/10/20 731.47 346783 3/10/20 11,084.28 346784 3/10/20 904.61 346785 3/10/20 184.68 346786 3/10/20 962.82 346787 3/10/20 47.11 346788 3/10/20 736.06 346789 3/10/20 5,750.63 A/P Total 683,076.13 1,086,649.27 2/2 GRAND TOTAL $ 1,806,802.44 112 of 221 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 21ST OF APRIL 2020. AYES NAYS ABSENT 113 of 221 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,534 per new residential dwelling unit to $2,584 per unit beginning July 1, 2020. (Engineering/Public Works) Please scroll down to view the backup material. 114 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT April 21, 2020 AGENDA ITEM NO. flT:6tid Public Hearing and Adoption of a Resolution of the City Council of the City of National City amending the previously adopted Transportation Development Impact Fee (TDIF) schedule and annual adjustment to the TDIF, pursuant to National City Municipal Code Section 4.52.100 and consistent with Government Code Section 66017, approving an adjustment to the TDIF of 2 percent, as required by the San Diego Association of Governments (SANDAG) for receipt of TransNet local street improvement revenues, resulting in the TDIF increasing from $2,534 per new residential dwelling unit to $2,584 per unit beginning July 1, 2020. PREPARED BY: Stephen Manganiello, Director of Eng/PW PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: '% /bl Finance ACCOUNT NO. APPROVED: MIS Funds will be deposited into the following TDIF Revenue Accounts: 326-00000-3162 and 326-00000-3163 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Hold Public Hearing and adopt Resolution increasing the TDIF from $2,534 per new residential dwelling unit to $2,584 per unit beginning July 1, 2020. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Resolution 115 of 221 Explanation In November 2004, San Diego County voters approved local Proposition A extending the TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years. As part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility. One of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction. Failure to do so would result in an agency's Toss of TransNet funding for improvement of local streets. Cities have the authority to impose impact fees under the Mitigation Fee Act contained in California Government Code sections 66000 through 66025. Therefore, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City". The TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System. On February 28, 2020, the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,533.15 per new residential dwelling unit to $2,583.82 per unit beginning July 1, 2020. The following table summarizes the adjusted Transportation Development Impact Fee (TDIF) schedule for new residential development, which will go into effect on July 1, 2020, if adopted by City Council. The TDIF shall be collected prior to the issuance of any building permit for new residential development in the City of National City. A copy of the City's Transportation Impact Fee Program Report is available at the Office of the City Engineer. Residential Land Use Fee Single-family $ 2,584 per dwelling unit Multi -family $ 2,584 per dwelling unit 116 of 221 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, April 21, 2020, via live webcast from the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.62.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN ADJUSTMENT TO THE TDIF OF 2 PERCENT, RESULTING IN THE TDIF INCREASING FROM $2,534 PER NEW RESIDENTIAL DWELLING UNIT TO $2,584 PER UNIT BEGINNING JULY 1, 2020. 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 view the City Council Meeting on the City's website at https://www.nationalcitypa.gov/webcast. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else submitted via e-mail to clerknationalcityca.gov by 4:30 p.m. on the day of the City Council Meeting. Michael Dalla, City Clerk 117 of 221 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NATIONAL CITY MUNICIPAL CODE SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN ADJUSTMENT TO THE TDIF OF 2 PERCENT, AS REQUIRED BY THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) FOR RECEIPT OF TRANSNET LOCAL STREET IMPROVEMENT REVENUES, RESULTING IN THE TDIF INCREASING FROM $2,534 PER NEW RESIDENTIAL DWELLING UNIT TO $2,584 PER UNIT BEGINNING JULY 1, 2020 WHEREAS, in November 2004, San Diego County voters approved local Proposition A extending the TransNet 1/2 cent sales tax to fund the region's transportation system for 40 years, and as part of Proposition A and the TransNet Extension Ordinance, the Regional Transportation Congestion Improvement Program (RTCIP) was created to ensure that new development directly invests in the region's transportation system to offset the negative impacts of growth on congestion and mobility; and WHEREAS, one of the requirements of the RTCIP was that by July 1, 2008, each local agency must contribute $2,000 from exactions imposed on the private sector for each new residence constructed within each jurisdiction, and failure to do so would result in an agency's loss of TransNet funding for improvement of local streets; and WHEREAS, on April 1, 2008, to satisfy the requirements of the TransNet RTCIP for receipt and expenditure of TransNet funds, City Council adopted Ordinance No. 2008-2310 amending Title 4 of the National City Municipal Code by adding Chapter 4.52 "Establishing and Approving a Transportation Development Impact Fee for Capital Improvement Projects Necessary to Maintain Acceptable Levels of Traffic and Transportation Service Within the City"; and WHEREAS, the TransNet Extension Ordinance requires that the RTCIP transportation mitigation fee charged by local jurisdictions be adjusted every year on July 1 in order to maintain the purchasing power of the program for improvements to the Regional Arterial System; and WHEREAS, on February 28, 2020, the SANDAG Board of Directors approved a 2 percent adjustment to the RTCIP, raising the minimum fee from $2,534 per new residential dwelling unit to $2,584 per unit beginning July 1, 2020. 118 of 221 Resolution No. 2020 — Page Two NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the adoption of a Resolution amending the Transportation Development Impact Fee (TDIF) from $2,534 per new residential dwelling unit to $2,584 per unit beginning July 1, 2020. PASSED and ADOPTED this 2nd day of April, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 119 of 221 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution by the City Council of the City of National City: 1) approving the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2021 through 2025 consisting of the following projects: Plaza Blvd Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgrades (NC04) and Citywide Safe Routes to School (NC 15); and 2) authorizing the establishment of a TransNet Proposition "A" Fund appropriation of $1,430,000 for FY 2021 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 120 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing on the Adoption of a Resolution by the City Council of the City of National City, 1) approving the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2021 through 2025 consisting of the following projects: Plaza Blvd Widening (NC01), Street Resurfacing (NC03), Traffic Signal Install/Upgrades (NC04) and Citywide Safe Routes to School (NC15); and 2) authorizing the establishment of a TransNet Proposition "A" Fund appropriation of $1,430,000 for FY 2021 and corresponding revenue budget. PREPARED BY: Stephen Manganiello, Director of Eng/PW DEPARTMENT: Engineering / Public Works PHONE: 619-336-4382 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO, Revenue Account #307-0000-3466: $1,430,000 APPROVED: Expenditure Account #307-409-500-598-6569 (Plaza Boulevard Widening - NC01): $0 Expenditure Account #307-409-500-598-6035 (Street Resurfacing - NC03): $900,000 Expenditure Account #307-409-500-598-6558 (Traffic Signal Install/Upgrades - NC04): $330,000 Expenditure Account #307-409-500-598-6166 (Citywide Safe Routes to School - NC15): $200,000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Hold Public Hearing and adopt Resolution approving the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2021 through 2025. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Public Hearing Notice 3. Resolution 121 of 221 Explanation On November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance). The TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a. biennial basis a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds. Local agencies receiving TransNet funds are required to update their portion of the TransNet Local Street Improvement Program of Projects every two years. Based on the estimate of annual TransNet local street improvement revenues for Fiscal Years 2021 through 2025 provided by SANDAG, staff proposes the following five-year program: Project Name (ID) Project No. FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Plaza Boulevard Widening (NC01) 6569 $0 $0 $1,000,000 $1,000,000 $0 Street Resurfacing (NC03) 6035 $900,000 $1,100,000 $300,000 $300,000 $1,400,000 Traffic Signal install / Upgrades (NC04)* 6558 $330,000 $300,000 $200,000 $200,000 $200,000 Citywide Safe Routes to School (NC15) 6166 $200,000 $236,000 $191,000 $246,000 $204,000 DRAFT TransNet Revenue Forecast (SANDAL - revised 2/2/2016) Total $1,430,000 $1,636,000 $1,691,000 $1,746,000 $1,804,000 * $8, 000 from NC04 will be programmed annually to satisfy National City's fair -share contribution to the Regional Arterial Management System (RAMS). If the above list of projects identified to receive TransNet local street improvement revenues for Fiscal Years 2021 through 2025 is adopted by City Council, SANDAG staff will program these projects as Amendment No. 14 to the 2018 Regional Transportation Improvement Program (RTIP) for SANDAG Board review. In accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31, the City Council is required to hold a noticed public hearing with an agenda item that clearly identifies the proposed list of projects identified to receive TransNet local streets funding prior to approval of the projects. 122 of 221 It shall be noted that the accompanying Resolution contains provisions required by SANDAG, which have been reviewed and accepted by staff. While one such provision is a "hold harmless" provision, staff has determined that risk to the City is minimal since SANDAG's involvement in National City's TransNet projects is limited to accounting processes and financial audits. In order to use TransNet revenues to complete the projects listed above, staff requests City Council authorization for the establishment of a TransNet Proposition "A" Fund appropriation of $1,430,000 for FY 2021 and corresponding revenue budget. 123 of 221 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, April 21, 2020, via live webcast from the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: APPROVAL OF THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR NATIONAL CITY FOR FISCAL YEARS 2021 THROUGH 2025 CONSISTING OF THE FOLLOWING PROJECTS: PLAZA BOULEVARD WIDENING (NC01), STREET RESURFACING (NC03), TRAFFIC SIGNAL INSTALL/UPGRADES (NC04) AND CITYWIDE SAFE ROUTES TO SCHOOL (NC15). Notice is hereby given in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. 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 view the City Council Meeting on the City's website at https://www.nationalcityca.gov/webcast. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else submitted via e-mail to clerknationalcityca.gov by 4:30 p.m. on the day of the City Council Meeting. Michael Dalla, City Clerk 124 of 221 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR NATIONAL CITY FOR FISCAL YEARS 2021 THROUGH 2025 CONSISTING OF THE FOLLOWING PROJECTS: PLAZA BLVD WIDENING (NC01), STREET RESURFACING (NC03), TRAFFIC SIGNAL INSTALL/UPGRADES (NC04) AND CITYWIDE SAFE ROUTES TO SCHOOL (NC15); AND AUTHORIZING THE ESTABLISHMENT OF A TRANSNET PROPOSITION "A" FUND APPROPRIATION OF $1,430,000 FOR FY 2021 AND CORRESPONDING REVENUE BUDGET WHEREAS, on November 4, 2004, the voters of San Diego County approved the San Diego Transportation Improvement Program Ordinance and Expenditure Plan (TransNet Extension Ordinance); and WHEREAS, the TransNet Extension Ordinance provides that SANDAG, acting as the Regional Transportation Commission, shall approve on a biennial basis a multi -year program of projects submitted by local jurisdictions identifying those transportation projects eligible to use transportation sales tax (TransNet) funds; and WHEREAS, the City of National City was provided with an estimate of annual TransNet local street improvement revenues for Fiscal Years 2021 through 2025; and WHEREAS, the City of National City has held a noticed Public Hearing on an agenda item that clearly identified the proposed list of projects prior to approval of the projects by its authorized legislative body in accordance with Section 5(A) of the TransNet Extension Ordinance and Rule 7 of SANDAG Board Policy No. 31. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the TransNet Local Street Improvement Program of Projects for National City for Fiscal Years 2021 through 2025, summarized as follows: Project Name (ID) Project No. FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Plaza Boulevard Widening (NC01) 6569 $0 $0 $1,000,000 $1,000,000 $0 Street Resurfacing (NC03) 6035 $900,000 $1,100,000 $300,000 $300,000 $1,400,000 Traffic Signal Install / Upgrades (NC04)* 6558 $330,000 $300,000 $200,000 $200,000 $200,000 Citywide Safe Routes to School (NC15) 6166 $200,000 $236,000 $191,000 $246,000 $204,000 DRAFT TransNet Revenue Forecast (SANDAG - revised 2/2/2016) Total $1,430,000 $1,636,000 $1,691,000 $1,746,000 $1,804,000 * $8, 000 from NC04 will be programmed annually to satisfy National City's fair -share contribution to the Regional Arterial Management System (RAMS). 125 of 221 Resolution No. 2020 — Page Two BE IT FURTHER RESOLVED that pursuant to Section 2(C)(1) of the TransNet Extension Ordinance, the City of National City certifies that no more than 30 percent of its cumulative revenues shall be spent on local street and road maintenance -related projects. BE IT FURTHER RESOLVED that pursuant to Section 4(E)(3) of the TransNet Extension Ordinance, the City of National City certifies that all new projects, or major reconstruction projects, funded by TransNet revenues shall accommodate travel by pedestrians and bicyclists, and that any exception to this requirement permitted under the Ordinance and proposed shall be clearly noticed as part of the City of National City's Public Hearing process. BE IT FURTHER RESOLVED that pursuant to Section 8 of the TransNet Extension Ordinance, the City of National City certifies that the required minimum annual level of local discretionary funds to be expended for street and road purposes will be met throughout the 5-year period consistent with the most recent Maintenance of Effort Requirements adopted by SANDAG. BE IT FURTHER RESOLVED that pursuant to Section 9A of the TransNet Extension Ordinance, the City of National City certifies that it will exact a minimum of $2,583.82, plus all applicable annual increases, from the private sector for each newly constructed residential housing unit in the City of National City (unless exempted under the TransNet Extension Ordinance,) and shall contribute such exactions to the Regional Transportation Congestion Improvement Program (RTCIP). BE IT FURTHER RESOLVED that pursuant to Section 13 of the TransNet Extension Ordinance, the City of National City certifies that it has established a separate Transportation Improvement Account for TransNet revenues with interest earned expended only for those purposes for which the funds were allocated. BE IT FURTHER RESOLVED that pursuant to Section 18 of the TransNet Extension Ordinance, the City of National City certifies that each project of $250,000 or more will be clearly designated during construction with TransNet project funding identification signs. BE IT FURTHER RESOLVED that the City of National City does hereby certify that all other applicable provisions of the TransNet Extension Ordinance and SANDAG Board Policy No. 31 have been met. 126 of 221 Resolution No. 2020 — Page Three BE IT FURTHER RESOLVED that the City of National City agrees to indemnify, hold harmless, and defend SANDAG, the San Diego County Regional Transportation Commission, and all officers and employees thereof against all causes of action or claims related to the City of National City's TransNet funded projects. PASSED and ADOPTED this 21' day of April, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 127 of 221 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 Establishing Local Campaign Contribution Limits. (City Clerk and City Attorney) Please scroll down to view the backup material. 128 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21. 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction 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 APPROVED BY: j 22 EXPLANATION: See attached. DEPARTMENT: City Clerk / City Attorney to FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: Finance APPROVED. MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Conduct the Public Hearing and Introduce the Ordinance. ATTACHMENTS: Explanation PowerPoint Presentation Ordinance 129 of 221 EXPLANATION 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(3/0 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: RECOMMENDATION: 1) The City Council direct the City Attorney to prepare a draft Campaign Contribution Limit Ordinance for Council review and possible adoption on or before February 2020, 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 City Council adopted the three (3) Recommendations and directed the City Attorney to prepare a draft Campaign Contribution Ordinance. 1 130 of 221 KEY PROVISIONS OF THE DRAFT ORDINANCE CONTRIBUTION LIMITS AND EXCLUSIONS Contributors Limit Individuals (includes Businesses & Labor Unions) $1,000 Political Party's (includes PACs) $2,000 Personal Contributions No limit City Contractors Not permitted NOTE: Provides for CPI adjustment to limits every two (2) years. 2 131 of 221 CAMPAIGN CONTRIBUTIONS - KEY FACTS • 67% of the Cities in San Diego have Campaign Contribution Limit Ordinances. • Contribution Limits range from $100 in Poway to $4300 in Escondido. • The average contribution limit for all 12 cities is $725.00. • The average limit for 10 cities (excluding the highest and lowest limits) is $430.00. • 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 the City. CITY COUNC APRIL 2' 132 of 221 KEY PROVISIONS OF THE DRAFT ORDINANCE CONTRIBUTION LIMITS AND EXCLUSIONS Contributors Limit Individuals (includes Businesses & Labor Unions) $1,000 Political Party's (includes PACs) $2,000 Personal Contributions No limit City Contractors Not permitted NOTE: Provides for Consumer Price Index (CPI) adjustment to limits every two (2) years. 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 3 CITY COUNC 134 of 221 APRIL 2;, ORDINANCE NO. 2020 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADDING CHAPTER 2.75, TITLED, "ELECTION CAMPAIGN REGULATIONS", TO THE NATIONAL CITY MUNICIPAL CODE WHEREAS, in order to protect the integrity of the electoral process, and to serve the best interests of the people of National City, it is the desire of the City Council to adopt realistic and enforceable regulations applicable to political campaign contributions; and WHEREAS, such regulations may be enacted pursuant to the authority granted to the City by Article XI, Section 7 of the California Constitution, and are specifically authorized by Sections 81013 and 85703(a) of the Government Code, found in the Political Reform Act of 1974; and WHEREAS, the regulations hereby enacted are intended to supplement the provisions of state law with regard to the making, acceptance, expenditure, and reporting of campaign contributions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY HEREBY ORDAINS as follows: Section 1. That Chapter 2.75 is added to the National City Municipal Code, to read as follows: CHAPTER 2.75 ELECTION CAMPAIGN REGULATIONS Sections 2.75.010 Purpose and Intent 2.75.020 Definitions 2.75.030 Campaign Contributions — Limitations and Exclusions 2.75.040 Campaign Expenditures — Uncontrolled by Candidate or Committee 2.75.050 Retention of Records 2.75.060 Electioneering 2.75.070 City Measures -- Exemption 2.75.080 Duties of City Clerk 2.75.090 Effect of Receipt of Funds on Voting 2.75.100 Enforcement Authority 2.75.110 Enforcement — Criminal or Civil Liability 2.75.120 Enforcement — Administrative 2.75.130 Civil Actions by Residents 2.75.140 Time for Commencement of Actions Ordinance No. 2020- Page 1 of 10 April 21, 2020 Election Campaign Regulations 135 of 221 2.75.010 Purpose and Intent. It is the purpose and intent of the City Council in enacting this Chapter: A. To place realistic and enforceable limits on the amounts of money that may be contributed to political campaigns in City elections. B. To preserve an orderly political forum in which individuals may express themselves effectively. C. To prevent the exercise by campaign contributors of potential undue or improper influence over elected officials. D. To promote participation in government and foster trust that the democratic process is not subverted by affluent special interest groups. E. To provide for the full and fair enforcement of the provisions of this chapter. 2.75.020 Definitions. For the purposes of this chapter, the words and phrases used herein shall have the meanings ascribed to them by the Political Reform Act of 1974, Government Code Section 82000 et seq., except as follows: A. "Candidate" applies to persons seeking an elective City office. B. "City Election" means any primary, general, or special election, including recall election, held within the City of National City, for elective City office. C. "Committee" means a candidate's controlled committee or a committee formed primarily to support or oppose a candidate, or a city general purpose committee active only in the City. D. "Contribution" shall have the same meaning as set forth in Government Code Section 82015, but with respect to an election for City office, except that the exclusion set forth therein for costs of a meeting or fund-raising event in the home or office of the occupant shall be limited to costs of $1,000.00 or less. E. "Controlled Committee" means a committee which is controlled directly or indirectly by a candidate or which acts jointly with a candidate or controlled committee in connection with the making of expenditures. A candidate controls a committee if he or she, his or her agent, or any other committee he or she controls, has a significant influence on the actions or decisions of the committee. F. "Electioneering" means the visible display or audible dissemination of information that advocates for or against any candidate. G. "Elective City Office" means member of the City Council, including the Mayor. H. "Enforcement Authority" means the special counsel, officer, agent, or entity designated by action of the City Attorney to enforce the provisions of this chapter. Nothing in this chapter shall be construed as limiting the authority of any law enforcement agency or prosecuting attorney from enforcing the provisions of this chapter where such law enforcement agency or prosecuting attorney otherwise has lawful authority to do so. Ordinance No. 2020- April 21, 2020 Page 2 of 10 Election Campaign Regulations 136 of 221 I. "Expenditure" means a payment, a forgiveness of a loan, a payment of a loan by a third party, or an enforceable promise to make a payment, unless it is clear from the surrounding circumstances that it is not made for political purposes. An expenditure is made on the date the payment is made or on the date consideration, if any, is received, whichever is earlier. J. "General Purpose Committee" shall have the same meaning as set forth in Government Code Section 82027.5. K. "Independent Committee" means a committee that receives contributions or makes expenditures for the purpose of influencing or attempting to influence a City election, which is not made with the cooperation, consultation, or in concert with, or at the request or suggestion of, any candidate or his or her committee, or any of their agents. "Individual" means a natural person, proprietorship, firm, partnership, joint venture, syndicate, business trust, company, corporation, limited liability company, association, labor union, committee, and any other organization or group of persons acting in concert, who meets the definition set forth in Government Code Section 82047. "Individual" does not include a Political Party Committee, a Political Action Committee, or an Independent Committee. M. "Political Action Committee" means an organization that pools campaign contributions from members and donates those contributions to campaigns for or against candidates or ballot measures. N. "Party Committee" means the state central committee or county central committee of an organization that meets the requirements for recognition as a political party pursuant to Section 5100 or 5151 of the Elections Code. 2.75.030 Campaign Contributions — Limitations and Exclusions. A. Contributions by individuals to candidates or controlled committees. No individual shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single City election, which will cause the total amount contributed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed $1000.00 in a calendar year. B. Acceptance or solicitation by candidates or controlled committees from individuals. No candidate or controlled committee, including the candidate's campaign treasurer, shall solicit or accept any contribution from any individual with respect to any single City election, which will cause the total amount contributed by such individual to the candidate and the candidate's controlled committee, when combined, to exceed $1000.00 in a calendar year. C. Contributions by candidates. The provisions of subsections A and B of this section shall not apply to contributions from a candidate to his or her controlled committee, nor to the expenditure by the candidate of his or her personal funds on behalf of his or her own candidacy. Ordinance No. 2020- April 21, 2020 Page 3 of 10 Election Campaign Regulations 137 of 221 D. Contributions by political party committees, political action committees and independent committees to candidates or controlled committees. No political party committee, political action committee or independent committee, shall make any contribution to a candidate and/or the candidate's controlled committee, with respect to any single City election, which will cause the total amount contributed to the candidate and the candidate's controlled committee, when combined, to exceed $2,000 in a calendar year. E. Acceptance or solicitation by candidates or controlled committees from political party committees, political action committees and independent committees. No candidate or controlled committee, including the candidate's campaign treasurer, shall solicit or accept any contribution from any political party committee, political action committee, or independent committee, with respect to any single City election, which will cause the total amount accepted by such political party committee, political action committee, or independent committee to the candidate and the candidate's controlled committee, when combined, to exceed $2,000 in a calendar year. F. Family contributions. Contributions by spouses shall be treated as separate contributions and shall not be aggregated. Contributions by children under 18 years of age shall be treated as contributions attributed equally to each parent or guardian. G. Applicability of section to candidate and committees. The provisions of this section are applicable to any contributions made to a candidate or controlled committee whether used by such candidate or controlled committee to finance a current campaign, to pay debts incurred in prior campaigns, or otherwise. H. Contributions by city contractors. No individual who contracts with the City of National City, either for the rendition of personal services or for the furnishing of any materials, supplies, or equipment to the City, or for the sale or lease of any land or building, to or from the City, shall make any contribution to a City candidate or controlled committee at any time between the commencement of negotiations for and (i) the completion of performance of such contract or (ii) the termination of negotiations for such contract, whichever occurs later. I. Contributions from City employees. 1. It is unlawful for a candidate or a candidate's controlled committee, to solicit, directly or indirectly, a contribution from a City employee with knowledge that the person from whom the contribution is solicited is a City employee. 2. This subsection shall not prohibit a candidate or a candidate's controlled committee from soliciting contributions from City employees if the solicitation is part of a solicitation made to a significant segment of the public that may include City employees, and the solicitation does not otherwise violate the provisions of this chapter. Ordinance No. 2020- April 21, 2020 Page 4 of 10 Election Campaign Regulations 138 of 221 3. Nothing in this subsection prohibits a City employee from making a contribution to a candidate, and nothing in this subsection prohibits a candidate from accepting a contribution from a City employee. 4. As used in this subsection, the term "City employee" means any employee of the City of National City (City) or any of its organizational subdivisions, agencies, offices, boards, or commissions. J. Aggregation of contributions from different individuals financed, maintained, or controlled by same individual. Contributions from different individuals, but which are financed, maintained, or controlled by the same individual, shall be aggregated for purposes of the contribution limits of subsections A and B of this section. All contributions made by an individual whose contribution activity is financed, maintained, or controlled by an individual, shall be deemed to be made by the same individual. K. A contribution drawn from a checking account or credit card account held by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsection, and may lawfully be received by a candidate for elected City office. A non -monetary contribution in the form of goods and services donated by an individual doing business as a sole proprietorship is considered a contribution from that individual for purposes of this subsection, and may lawfully be received by a candidate for elective City office. L. Adjustments for cost of living. The campaign contribution limits and contribution acceptance and solicitation limits specified in subsections A, B, C and D of this section shall be adjusted in February of each odd -numbered year commencing in 2023, for changes in the Consumer Price Index (CPI) over the previous two- year period. The City Clerk shall apply the annual percent change in the CPI for All Urban Consumers (CPI-U) for the San Diego Metropolitan Area to determine the appropriate rate of increase or decrease. Adjustments made pursuant to this subsection shall be rounded to the nearest $5.00. 2.75.040 Campaign Expenditures - Uncontrolled by Candidate or Committee. Persons or organizations not subject to the control of a candidate or committee, but who make independent expenditures for or against a candidate or committee, shall indicate clearly on any material published, displayed, or broadcast the names of the persons or organizations who made the expenditures, the true names of any persons on whose behalf the expenditures were made, and that the expenditures were not authorized by a candidate or committee. 2.75.050 Retention of Records. The candidate, committee, or authorized agent thereof shall retain all campaign records for a period of three (3) years after the election. 2.75.060 Electioneering. It is unlawful for any person to participate in electioneering as a candidate, for a candidate, committee, or any other election campaign on City -owned property or at a City -hosted or City -sponsored event. This includes, but is not limited to, any of the following: A. A display of a candidate's name, likeness, or logo. B. A display of a ballot measure number, title, subject, or logo. Ordinance No. 2020- April 21, 2020 Page 5 of 10 Election Campaign Regulations 139 of 221 C. Distribution of buttons, hats, pencils, pens, shirts, signs, or stickers containing electioneering information. D. Dissemination of audible electioneering information. 2.75.070 City Measures - Exemptions. This chapter shall not apply to contributions or expenditures by a person or committee on behalf of a committee supporting or opposing a City measure. 2.75.080 Duties of City Clerk. In addition to other duties of the City Clerk under the terms of this chapter, the City Clerk must: A. Supply appropriate forms and manuals prescribed by the California Fair Political Practices Commission (FPPC). These forms and manuals must be furnished to all candidates and committees, and to all other persons required to report; B. Determine whether required documents have been filed, and if so, whether they conform with the requirements of state law; C. Notify promptly all persons and known committees who have failed to file a document in the form and at the time required by state law; D. Report apparent violations of this chapter and applicable state law to the Enforcement Authority; E. Compile and maintain a current list of all statements or parts of statements filed with the City Clerk's office pertaining to each candidate and each measure; F. Cooperate with the City Attorney and Enforcement Authority in the performance of the duties of the Enforcement Authority as prescribed in this chapter and applicable state laws. 2.75.090 Effect of Receipt of Funds on Voting. Within twelve (12) months after receiving a campaign contribution or other income totaling $1,000.00 or more from any source, no holder of elective City office shall make, participate in making, or attempt to influence, any government decision or action that will have a reasonably foreseeable material financial effect on the campaign contributor or other source of income that is distinguishable from its effect on the public generally, or on a significant segment of the public, as defined in the Political Reform Act of 1974. 2.75.100 Enforcement Authority. A. Role of City Attorney. The City Attorney shall not investigate or prosecute any alleged violations of this chapter, but shall defend the constitutionality and legality of this chapter in any civil proceedings in which the City or City Council is a party. B. Role of special counsel. Review of complaints of violation of this chapter and criminal prosecution, shall be conducted only by special counsel who shall be the District Attorney, the Attorney General, or such other qualified and independent special counsel, or combination of the foregoing, as may be Ordinance No. 2020- Page 6 of 10 April 21, 2020 Election Campaign Regulations 140 of 221 appointed by the City Attorney. All special counsel shall have the authority to prosecute any and all Municipal Code violations of this chapter. However, special counsel other than the Attorney General or District Attorney, shall not have authority to prosecute matters exclusively within the powers of the Attorney General or District Attorney under Government Code Section 91001. Special counsel shall also conduct civil litigation to compel compliance with this chapter or to enjoin conduct in violation of this chapter, and shall conduct administrative enforcement under Section 2.75.120 of this chapter. C. Appointment of special counsel. At least ninety (90) days prior to a City election, special counsel shall be appointed by the City Attorney. Should the appointment of additional special counsel become necessary or appropriate, the City Attorney may appoint such additional special counsel as may be required. The appointment of special counsel shall be in writing, and copies of the written appointment shall be provided to the City Council, City Manager, and City Clerk. The cost of special counsel shall be paid from the City general fund. Any activity by the special counsel in accordance with this chapter, shall not be subject to review or control by the City Attorney or City Council. D. Initiation of investigations. Any person residing in the City who believes that a violation of this chapter has occurred, may file a written complaint requesting investigation of such violation by the special counsel. If the special counsel determines that there is reason to believe a violation of this chapter has occurred, the special counsel shall conduct an investigation and may commence such civil criminal, or administrative legal action as he or she deems necessary for the enforcement of this chapter. E. Investigative powers of special counsel. The special counsel shall have such investigative powers as are necessary for the performance of duties described in this article, and may be furnished records of campaign contributions and expenditures of any person or committee. In the event that production of such records is refused, the special counsel may commence civil litigation to compel such production. F. Immunity of special counsel. The special counsel shall be immune from liability for enforcement of this chapter. 2.75.110 Enforcement — Criminal or Civil Liability. A. Criminal and civil liability. Any knowing or willful violation of any provision of this chapter may be prosecuted either as an infraction or misdemeanor, at the discretion of the prosecutor. In addition to any other penalty provided by law, any willful or knowing failure to report truthfully any contribution or expenditure, shall be punishable by a fine of not less than $1,000.00. The campaign treasurer of any committee shall be both criminally and civilly liable for any violation of this article by the committee. In addition, the candidate shall be both criminally and civilly liable for any violation by a committee controlled by the candidate. B. Forfeiture of contributions. In any legal action brought under this chapter for injunctive relief or civil liability, where it is determined that a candidate or committee has accepted a contribution or contributions in excess of the applicable limits set forth in this chapter, the full amount of said contribution(s) Ordinance No. 2020- April 21, 2020 Page 7 of 10 Election Campaign Regulations 141 of 221 shall be forfeited to the City's general fund. If funds are not available in the election campaign account for this purpose, the candidate or campaign treasurer shall be personally liable to pay said amount to the City's general fund. 2.75.120 Enforcement — Administrative A. Additional to other remedies. The remedies provided for by this section are in addition to all other legal remedies, civil or criminal, which may be pursued by the City to address any violation of this chapter. B. Notice and order. Whenever the special counsel appointed pursuant to Section 2.75.100, determines that there is probable cause that a violation of one or more provisions of this chapter has occurred or exists, a written notice and order may be issued to the alleged violator. C. Contents of notice and order. The notice and order shall refer to the code section violated and describe how the sections are or have been violated, and the dates of all violations. The notice and order shall also state a date, time and place for a hearing which shall be held no fewer than ten (10) days following service of the notice. D. Service of Notice and Order. The notice and order shall be served upon the alleged violator by personal service, or by certified mail, with postage prepaid and return receipt requested. E. Designation of Hearing Officer. The City Attorney shall designate a hearing officer, who shall not be a City employee. The compensation of the hearing officer, if any, shall be paid by the City. The retention and compensation of the hearing officer shall not be directly or indirectly conditioned upon the outcome of the hearing. F. Violation established by preponderance of evidence. At the hearing, the hearing officer shall consider whether a preponderance of evidence demonstrates the existence of a violation. G. Conduct of Hearing. Hearings shall be conducted in an expeditious manner to enable all interested parties to present relevant evidence. Formal rules of evidence shall not be applied. Time limits for presenting evidence, order of testimony, handling of exhibits, and similar matters, shall be determined at the discretion of the hearing officer. The alleged violator or any other interested persons may present testimony or documentary evidence concerning the existence of the violations, and the alleged violator may cross-examine witnesses. The hearing officer may continue the hearing to obtain additional evidence, or for other good cause. H. Failure to attend hearing. Failure of the alleged violator to attend the hearing shall constitute an admission of the violation by the alleged violator and a failure to exhaust administrative remedies that may bar judicial review. I. Decision by hearing officer. After considering all the testimony and the evidence submitted at the hearing, the hearing officer shall issue a written Ordinance No. 2020- April 21, 2020 Page 8 of 10 Election Campaign Regulations 142 of 221 decision, including findings regarding the existence of each violation, the reasons for the decision, and providing notice of the right to judicial review. The written decision shall be issued within thirty (30) days of the conclusion of the hearing, and served on the alleged violator within ten (10) days of its issuance. The decision shall be final upon service upon the alleged violator, subject only to judicial review as permitted by law. J. Imposition of penalty. If the hearing officer finds by a preponderance of the evidence that the alleged violator committed the violation, the hearing officer shall impose a penalty and a date the penalty and any costs of the hearing shall be due and payable by the violator. K. Amount of penalty. The administrative penalty for a violation of this chapter shall be a maximum $1.000.00 per violation, and the maximum total penalty shall not exceed $10,000.00. In determining the amount of penalty to be imposed, the hearing officer shall consider the following factors: duration of the violation, frequency of recurrence of the violation, seriousness of the violation, history of violations, good faith effort of the violator to correct the violation, economic effect of the violation on the violator, impact of the violation on the community and the City, and any other relevant factors that justice may require. L. Failure to pay penalty. Upon the failure of any person to pay the assessed administrative penalty by the date specified in the hearing officer's decision, the unpaid amount shall constitute a personal obligation of the violator. The City Attorney shall collect the obligation by use of any appropriate legal means. M. Judicial review. Any person subject to the decision of the hearing officer, may obtain judicial review of the decision pursuant to the provisions of Government Code Section 53069.4. 2.75.130 Civil Actions by Residents. A. Any resident of the City may bring a civil action regarding the provisions of this chapter, as follows: 1. To enjoin an actual or threatened violation; 2. To compel compliance by a private person; 3. To obtain declaratory relief. B. Any action brought under this Section 2.75.130, shall be commenced within six (6) months of the time the alleged violation occurred. Ordinance No. 2020- April 21, 2020 Page 9 of 10 Election Campaign Regulations 143 of 221 2.75.140 Time for Commencement of Actions. Except as provided in Section 2.75.130, any action brought alleging violation of this chapter must be commenced within two (2) years of the date of the alleged violation. Section 2. That this Ordinance shall become effective on January 1, 2021. PASSED and ADOPTED this 21 st day of April, 2020. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney Alejandra Sotelo-Solis, Mayor Ordinance No. 2020- April 21, 2020 Page 10 of 10 Election Campaign Regulations 144 of 221 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing various Fiscal Year 2020 mid -year budget adjustments. (Finance) Please scroll down to view the backup material. 145 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing various fiscal year 2020 mid -year budget adjustments. PREPARED BY: Mark Roberts, Director of Finance PHONE: 619-336-4330 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: L /<r Xa FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept the staff report and adopt the resolution authorizing fiscal year 2020 mid -year budget adjustments. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report 2. Resolution 3. Exhibit "A" — Recommended Mid -Year Budget Adjustments, Fiscal Year 2020 146 of 221 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING VARIOUS FISCAL YEAR 2020 MID -YEAR BUDGET ADJUSTMENTS WHEREAS, on June 4, 2019, the City Council of the City of National City adopted Resolution No. 2019-85, adopting the Budget for Fiscal Year 2020; and WHEREAS, as part of the Mid -Year review process, the Finance Department reviewed the first six months for actual revenues and expenditures, and projected the last six months of the fiscal year; and WHEREAS, the Mid -Year Budget review was presented to the City Council and members of the public on April 21, 2020; and WHEREAS, the City Manager request approval of the Recommended Mid - Year Budget Adjustments ("Exhibit 'A"); and WHEREAS, the City Manager request that the City Council ratify the issuance of a purchase order in the amount of $67,458 for two replacement motorcycles for the Police Department that are beyond economical repair; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2020 Recommended Mid -Year Budget Adjustments ("Exhibit `A") and authorizes the City Manager to make the associated adjustments to the Fiscal Year 2020 Budget. BE IT FURTHER RESOLVED that the City Council of the City of National City ratifies the purchase of the two replacement motorcycles for the Police Department. PASSED and ADOPTED this 21st day of April, 2020. Alejandro Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM Angil P. Morris Jones, City Attorney 147 of 221 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 FundlDepartment Appropriation Account Appropriation Revenue Net Use of Fund Amount Revenue Account, if Applicable Amount Balance General Fund (001) Engineering & Public Works Street Lights & Signals 20,000 • Increase in utility costs for street lights from SDGE & CalTrans. 20,000 Engineering & Public Works Contract Services 150,000 • Environmental remediation of the Police Department shooting range- required by County Dept. of Environmental Health. 150,000 Fire Contract Services 41,901 41,901 • Increase in dispatch cost. Human Resources Professional Services 16,100 16,100 • Ongoing investigation and legal costs for personnel matters . Human Resources Professional Services 18,500 18,500 • Unforeseen personnel promotions and backfill of safety positions due to separations and retirements. Neighborhood Services Automotive Leases 8,418 • Appropriation for existing leased vehicle inadvertently omitted from budget. 8,418 Non -Departmental Postage 7,000 • March mailers sent to residents & businesses from City Manager's Office. 7,000 General Fund - Unassigned Fund Balance 261,919 261,919 Page 1 of 3 1 148 of 221 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Fund/Department Appropriation Account Appropriation Amount Revenue Account, if Applicable Revenu ° Net Use of Fund Balance Parks Maintenance Fund (105) Engineering & Public Works / Parks Automotive Leases 9,000 Interfund transfer from General Fund 9,000 ■ To add the appropriation for the lease of a light duty stake bed truck in the Parks Maintenance Fund based on a transfer from General fund. Library Capital Outlay Fund (108) Engineering & Public Works Library Upgrades 10,000 10,000 ■ This capital improvement project was included in the CIP summary schedule, but the appropriation was inadvertently omitted from the budget. Development Impact Fees Fund (325) Engineering & Public Works Police Department Parking Structure 100,000 ■ This capital improvement project was included in the CIP summary schedule, but the appropriation was inadvertently omitted from the budget. 100,000 Housing Authority Fund (501) Housing Professional Services 175,000 175,000 ■ To establish appropriations for consulting services for the Housing Authority. Housing Materials & Supplies 10,000 10,000 ■ To establish appropriations for cleaning supplies, personal protective equipment, and other equipment and supplies necessary for staff to work safely and efficiently at work and from home due to COVID-19 Facilities Maintenance Fund (626) Engineering & Public Works Automotive Leases 5,000 5,000 ■ To add the appropriation for the lease of a cargo van in the Facilities Maintenance Fund based on a transfer from the General Fund. Engineering & Public Works Loan Interest Payment 41,665 41,665 ■ To add appropriations for the interest payments on the Honeywell lease that were inadvertently omitted from the budget. Page 2 of 3 149 of 221 Exhibit A Recommended Mid -Year Budget Adjustments Fiscal Year 2020 Appropriation Revenue Net Use of Fund Fund/Department Appropriation Account Amount Revenue Account, if Applicable Amount Balance 1 Vehicle Replacement Fund (644) Engineering & Public Works Automotive Equipment 75,000 75,000 • Add appropriations for the purchase of two replacement motorcycles for the Police Department and ratify the City Manager's authorization to issue a purchase order for the vehicles. Motorcycles being replaced are beyond economical repair. Page 3 of 3 150 of 221 CALIFORNIA NATIONAL L airy ry LAI lTCORPORATED City Council Staff Report April 21, 2020 ITEM Staff Report: Fiscal Year 2020 Mid -Year Budget Review BACKGROUND The mid -year budget review was originally scheduled to be presented on March 17, 2020 and was developed based on data and analysis that pre -dated the significant actions that have been required to respond to the COVID-19 pandemic. This report reviews the financial results of the activities of the first half of the current fiscal year and provides projections of revenues and expenditures through the end of the fiscal year that incorporate, to the extent possible, the estimated impacts of the pandemic on the City's fiscal year 2020 budget. In addition, the report recommends various budget adjustments. DISCUSSION Summary The adopted fiscal year 2020 budget authorizes a use of $4.1 million of unassigned fund balance for operating and capital expenditures. Based on year-to-date actual revenues and expenditures through December 31, 2019 and expected activities through year-end, the anticipated use of unassigned fund balance is projected to be $4.8 million. The following sections of this report will discuss the significant factors leading to the variance. Revenues For fiscal year 2020, General Fund revenues are expected to be less than amounts budgeted by $1.1 million. The projected variances in each revenue category resulting in the overall variance are shown in the "Fiscal Year -End Revenue Projections" table. The "Mid -Year Revenue Comparison" table below compares revenues realized through the mid -point of this fiscal year to the mid -point of last fiscal year. 151 of 221 Page 2 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 Mid -Year Revenue Comparison GENERAL FUND REVENUES AS OF DECEMBER 31ST Revenue Category FY 20 FY 19 Difference Sales & Use Tax $ 6,252,367 $ 6,581,756 ($329,388) District Transactions & Use Tax 4,134,378 4,347,216 (212,838) Property Tax 1 946,832 840,602 106,227 Property Tax in Lieu of VLF 2 - - - Other Revenues 4,143,678 4,273,976 (130,298) Total $15,477,255 $16,043,550 ($566,295) 1 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 2 VLF — vehicle license fees The General Fund's primary sources of revenue are the sales & use tax, the district transactions & use tax, property tax in lieu of vehicle license fees, and property taxes. During the first six months of the current fiscal year, these revenues were approximately $11.3 million, $0.4 million behind last year, while General Fund revenues as a whole totaled $15.5 million, approximately $0.6 million less than the same period last year. Significant factors in the year-to-year difference include the following: ■ Combined, receipts from the sales -related taxes, sales & use tax and the City's district transactions & use tax, were $0.3 million below those received for the same period of the prior fiscal year. Contributing to the negative variance of these revenues were allocations received by the City during the 1st quarter of the fiscal year 2019 that had been delayed from fiscal year 2018 as the State transitioned to a new sales tax reporting system. In general, however, all business sectors except for the building & construction sector had been steady or strong overall with autos & transportation, general consumer goods, and allocations from County and State pools generating approximately 80% of these revenues. • "Other Revenues" comprises all other General Fund revenues not specifically identified in the above table. These revenues were $0.1 million lower during the first half of the year compared to the first half of last year. As is to be expected, some of the accounts are ahead of last year's amounts and some are behind, because of the nature of the funding source and variations that occur from year to year in the timing of receipts. While no amounts are reflected in the table for property tax in lieu of vehicle license fees ("VLF") revenue, it is included in this table because it is a significant funding source for the City. In accordance with State statutes, this revenue, which is based on the change in assessed property valuations, is distributed to the City by the County of San Diego in two equal installments, the first of which is paid in January and the second in May. The revenue anticipated from this source for the current fiscal year is reflected in the table below and represents a $0.4 million increase over fiscal year 2019. 152 of 221 Page 3 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 Fiscal Year -End Revenue Projections GENERAL FUND REVENUES FISCAL YEAR 2020 Adjusted Projected Revenue Category Projected Budget' Balance Variance Sales & Use Tax $17,390,000 $18,690,000 ($1,300,000) (7.0%) District Transactions & Use Tax 11,570,000 11,965,000 (395,000) (3.3%) Property Tax 2 2,255,750 2,200,893 54,857 2.5% Property Tax in Lieu of VLF 7,128,882 7,000,000 128,882 1.8% Other Revenues 3 20,439,312 20,035,996 403,316 2.0% Total $58,783,944 $59,891,889 ($1,107,945) (1.9%) 1 adopted budget total, plus budget amendments and an adjustment of $4.8 million to Other Revenues to balance revenues to appropriations for the revenue offset WI-TOD and Paradise Creek Park Remediation capital improvement projects that were carried forward from fiscal year 2019. 2 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 3 Transfer(s) In not reflected The above table provides projections of fiscal year 2020 General Fund revenues and compares them to their adjusted budgets. As noted above, General Fund revenues are expected to be below the adjusted budget by approximately $1.1 million overall. This estimate is based upon year-to- date and historical data, input from the City's sales tax consultant, and information obtained from the State of California and County of San Diego. Significant elements of the expected overall positive variance include: ■ As explained above, while both sales & use tax and the district transaction & use tax are below actuals for the same time period last fiscal year, more recent revenue receipts had indicated the City would finish the year with revenues in these two accounts exceeding their combined budgets by approximately $1.1 million. However, based upon information from the City's sales tax consultant and the restrictions on business operations in place to help contain the spread of COVID-19, the outlook for these two accounts is a combined shortfall of $1.7 million compared to budget, a negative swing of $2.8 million. ■ Overall, revenues in the "Other Revenues" category are expected to end the year above budget by $0.4 million, which is attributable to a combination of projected positive and negative variances in the various individual accounts. Expenditures Expenditure totals at year-end are currently projected to be below budget by $1.5 million. The projected variances in each expenditure category resulting in the overall variance are shown in the "Fiscal Year -End Expenditure Projections" table. The "Mid -Year Expenditure Comparison" 153 of 221 Page 4 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 below compares expenditures through the mid -point of this fiscal year to the mid -point of last fiscal year. Mid -Year Expenditure Comparison GENERAL FUND EXPENDITURES AS OF DECEMBER 31ST Expenditure Category FY 20 FY 19 Difference Personnel Services $21,852,855 $21,011,040 $841,815 Maintenance & Operations (M&O) 2,075,400 2,637,010 (561,610) Capital Outlay 45,129 46,383 (1,254) Capital Improvement Program 1,691,765 2,630,357 (938,592) Internal Service Charges 3,572,848 3,770,772 (197,925) Total $29,237,996 $30,095,562 ($857,565) 1 Transfer(s) Out not reflected As of December 31, 2019, General Fund expenditures totaled $29.2 million, below those at the same point last fiscal year by $0.9 million. The most significant factors in the year-to-year difference were: • higher personnel costs than for fiscal year 2019 at the same point, primarily due to negotiated compensation increases, increased health insurance costs and rate increases for retirement plan contributions. These increases were offset, in part, by lower overtime costs for Fire Department personnel, due to a lesser requirement for Strike Team support than in the prior year; • lower spending on capital projects due largely to the timing of work and invoicing from contractors; • slower rates of spending for M&O spread across various accounts, but most notably in contract services where timing can vary from year to year and in emergency animal treatment as a result of delayed invoices from the City of Chula Vista; and • lower internal service charges resulting from an overall reduction in budgeted amounts from fiscal year 2019. The table below provides a projection of General Fund expenditures for all of fiscal year 2020 and compares them to the adjusted budget. As noted above, General Fund expenditures are expected to be below the adjusted budget by approximately $1.5 million overall. 154 of 221 Page 5 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 Fiscal Year -End Expenditure Projections GENERAL FUND EXPENDITURES FISCAL YEAR 2020 Adjusted Projected % Expenditure Category' Projected Budget 2 Balance Variance Personnel Services $40,408,628 $41,389,121 ($ 980,493) (2.4%) Maintenance & Operations 6,515,061 7,036,012 (520,951) (7.4%) Capital Outlay 639,827 639,827 0.0% Capital Improvements 11,818,167 11,818,167 0.0% Internal Service Charges 7,270,695 7,270,695 0.0% Total $66,652,378 $68,153,822 ($1,501,444) (2.2%) 1 Transfer(s) Out not reflected 2 adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) Personnel costs at fiscal -year-end are projected to be less than budgeted by $1.0 million, primarily resulting from anticipated savings in full-time salaries and health insurance premiums, attributable to vacant authorized positions. Maintenance & operations expenditures are projected to be 7.4% below budget, due to a combination of anticipated savings in various accounts partially offset by unanticipated expenses in others. All appropriations for capital outlay and capital improvements are being projected as being entirely spent, because none of the current projects are expected to yield any savings from the amounts budgeted. It is likely, however, that some portion of the current year's appropriations will be unspent at year-end and will be carried over to next fiscal year. Similarly, all amounts budgeted for internal service charges are projected to be spent, although at year-end actual expenditures of the service provider funds will be reviewed for savings and charges will be adjusted accordingly. Staff will continue to monitor all revenues and expenditures, particularly with respect to the impacts of COVID-19, and will provide updates in conjunction with the fiscal year 2021 budget development process. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund may contribute to fund balance increases and decreases, respectively. Transfers in and out are not expected to deviate from the budgeted amounts. 155 of 221 Page 6 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 Net Impact on Unassigned Fund Balance The table below combines the revenue and expenditure projections discussed above. As noted in the summary at the beginning of this report, the adopted budget anticipated the use of $4.1 million of unassigned fund balance for operating and capital expenditures. As part of the review leading to the development of this report, it was determined that an oversight occurred with respect to budgeting for the Paradise Creek Park Site Remediation project. This project is revenue offset, and while $1.0 million in revenue was included in the budget for it, the corresponding appropriation was omitted. Had the $1.0 million appropriation been included, as shown in the "Adjusted Budget" column below, the use of unassigned fund balance in the adopted budget would have been reported to be $5.2 million, also including the addition of a $90,000 appropriation to the City Clerk's Office Elections account for costs associated with the March 3, 2020 special election. The "Projected" column shows an anticipated use of $4.8 million of unassigned fund balance, so while as shown in the "Variance" column, that amount is $0.4 million better than the $5.2 million reflected in the adjusted budget column, it is about $0.7 million greater than expressed in the adopted budget. GENERAL FUND IMPACT ON UNASSIGNED FUND BALANCE FISCAL YEAR 2020 Adjusted Projected Budget Revenues $58,783,944 $59,891,889 Transfers In 6,000 6,000 Total Revenues & Transfers In $58,789,944 $59,897,889 Expenditures $66,652,378 $68,153,822 Transfers Out 1,924,479 1,924,479 Total Expenditures & Transfers Out $68,576,857 $70,078,301 Use of Fund Balance Less Use of Assigned Fund Balance * Less Use of Committed Fund Balance * Use of Unassigned Fund Balance ($ 9,786,914) 1,283,217 3,665,451 ($ 4,838,246) ($10,180,412) 1,283,217 3,665,451 ($ 5,231,744) Variance ($1,107,945) ($1,107,945) ($1,501,444) ($1,501,444) $ 393,498 $ 393,498 * For purpose of estimating use of unassigned fund balance, all appropriations impacting assigned and committed fund balance are assumed to be expended. Note: Some totals may not agree due to rounding. 156 of 221 Page 7 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 BUDGET ADJUSTMENTS During the mid -year budget review process, the Department of Finance, in conjunction with City department staff, identified budget adjustments necessary due to expenses unanticipated during the annual budgeting process and to correct certain accounts. The attached schedule ("Exhibit `A') details the recommended adjustments. The recommendation section below provides a summary of those adjustments by account group and fund. RECOMMENDATIONS 1. Authorize the City Manager to approve budget adjustments up to the following amounts: • General Fund Expenditures ▪ $253,501 Maintenance & Operations o $8,418 Capital Outlay • Parks Maintenance Fund Expenditures ▪ $9,000 Capital Outlay • Library Capital Outlay Fund Expenditures o $10,000 Capital Improvements • Development Impact Fees Fund Expenditures o $100,000 Capital Improvements • Housing Authority Fund Expenditures o $185,000 Maintenance & Operations • Facilities Maintenance Fund Expenditures o $5,000 Capital Outlay ▪ $41,665 Fixed Charges & Debt Services • Vehicle Replacement Fund Expenditures o $75,000 Capital Outlay 2. Ratify the City Manager's authorization to proceed with the acquisition of two motorcycles for the Police Department at an estimated cost of $75,000 due to the urgent 157 of 221 Page 8 Staff Report — Fiscal Year 2020 Mid -Year Budget Review April 21, 2020 need for the vehicles. The total cost of the motorcycles exceeds the amount of the City Manager's approval authority and requires subsequent ratification by the City Council. FISCAL IMPACT The recommended General Fund budget adjustments have been reflected in the projections of total revenues and expenditures to fiscal year end. If approved, they will result in additional General Fund appropriations and use of unassigned fund balance of $261,919. The adjustments for the six other funds combined total $425,665 with $14,000 of that amount funded by transfers from the General Fund and the remainder from available fund balance in the respective funds. ATTACHMENTS Resolution Exhibit "A" — Recommended Mid -Year Budget Adjustments, Fiscal Year 2020 158 of 221 CA.LIFORNIA NATIONAL Ty 4) CpRPORATFD Fiscal Year 2020 General Fund Budget Mid -Year Budget Review 159 of 221 CALIFORNIA 4 N%T'IUNAL CITV /NCORPORATED Department of Finance Mark Roberts Director Paul Valadez Budget Manager 160 of 221 `►CALIFORNIA 4 „\\\///- NitIONAL Cfl? `- rNCOftPORATED Authorized Use of Unassigned Fund Balance -Fiscal Year 2021 Use of Unassigned Fund Balance, Adopted Additional Authorized Use of Unassigned Fund Balance $4,141,744 90,000 Use of Unassigned Fund Balance, Adjusted CIP expenditures not appropriated $4, 231, 744 1,000,000 Use of Unassigned Fund Balance, Corrected $5,231,744 161 of 221 NATIONAL env so INCORPORATED Fund Balance Categories Non -spendable — amounts that cannot be spent because they are: 1) not in spendable form or 2) legally or contractually required to be maintained intact. Restricted — resources that have spending constraints that are either 1) "externally" imposed or 2) imposed by law through constitutional provisions or enabling legislation. Committed — amounts that have internally imposed restrictions mandated by formal action of the City Council. Assigned — amounts that are constrained by the Council's intent that they will be used for specific purposes. (Decision -making with regard to these amounts may be made by a committee or other governmental official.) Unassigned — the "residual" fund balance for the General Fund. This residual amount of unassigned fund balance reflects the resources available for further appropriation and expenditure for general governmental purposes. A 162 of 221 CALIFORNIA •-- NATIONAL et Ty `- rNCOftPORATED Fiscal Year -End Revenue Projections —General Fund GENERAL FUND REVENUES FISCAL YEAR 2020 Adjusted Projected % Revenue Category 1 Projected Budget 2 Balance Variance Sales & Use Tax $17,390,000 $18,690,000 ($1,300,000) -7.0% District Transactions & Use Tax 11,570,000 11,965,000 (395,000) -3.3% Property Tax 3 2,255,750 2,200,893 54,857 2.5% Property Tax in Lieu of VLF 7,128,882 7,000,000 128,882 1.8% Other Revenues 20,439,312 20,035,996 403,316 2.0% Total $58,783,944 $59,891,889 ($1,107,945) -1.9% 1 Transfer(s) In not reflected. 2adopted budget total, plus budget amendments and an adjustmentof$4.8 million to Other Revenues to balance revenues to appropriations for the revenue offset WI-TOD and Paradise Creek Park Remediation capital improvement projects that were carried forward from fiscal year 2019 3 Reflects reduction for property tax allocation to the Library and Parks Maintenance Funds. 163 of 221 CALIFORNIA -� NALTIONAL 3 INCORPORATED Fiscal Year -End Expenditure Projections —General Fund GENERAL FUND EXPENDITURES FISCAL YEAR 2020 Adjusted Projected cyo Expenditure Category 1 Projected Budget 2 Balance Variance Personnel Services $40,408,628 $41,389,121 ($980,493) -2.4% Maintenance & Operations 6,515,061 7,036,012 (520,951) -7.4% Capital Outlay 639,827 639,827 - 0.0% Capital Improvements 11,818,167 11,818,167 - 0.0% Internal Service Charges 7,270,695 7,270,695 - 0.0% Total $66,652,378 $68,153,822 ($1,501,444) -2.2% 1 Transfer(s) Out not reflected. 2 adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) 164 of 221 `--CALIFORNIA -' NATIONAL CfT` `- rNCOftPORATED Recommended Mid -Year Budget Adjustments —General Fund Appropriation Adjustments: Engineering & Public Works - Street Lights & Signals $20,000 Engineering & Public Works - Contract Services 150,000 Fire - Contract Services 41,901 Human Resources - Professional Services 34,600 Neigborhood Services - Automotive Leases 8,418 Non -Departmental - Postage 7,000 Total $261,919 7 165 of 221 CALIFORNIA - NATIONAL Mr INCORPORATED Impact on Fund Balance I Revenues Transfers In GENERAL FUND IMPACT ON UNASSIGNED FUND BALANCE FISCAL YEAR 2020 Projected $58,783,944 6,000 Adjusted Budget $59,891,889 6,000 Projected Variance ($1,107,945) Total Revenues & Transfers In Expenditures Transfers Out $58,789,944 $66,652,378 1,924,479 $59, 897, 889 $68,153,822 1,924,479 ($1,107,945) ($1,501,444) Total Expenditures & Transfers Out Use of Fund Balance Less Use of Assigned Fund Balance * Less Use of Committed Fund Balance $68,576,857 ($9,786,914) 1,283,217 3,665,451 $70,078,301 ($10,180,412) 1,283,217 3,665,451 ($1,501,444) $393,498 Use of Unassigned Fund Balance ($4,838,246) ($5,231,744) $393,498 * For purpose of estimating use of unassigned fund balance, all appropriations impacting assigned and committed fund balance are assumed to be expended. Note: Some totals may not agree, due to rounding. 0 166 of 221 Other Funds n 167 of 221 CALIFORNIA �+- NATIONAL et Ty `- rNCOftPORATED Supplemental Appropriation Requests -Other Funds Appropriation Adjustments: Parks Maintenance Fund - Automotive Leases Library Capital Outlay Fund Development Impact Fees Fund - Police Department Parking Structure Housing Authority Fund - Professional Services Facilities Maintenance Fund - Automotive Leases Facilities Maintenance Fund - Loan Interest Payment Vehicle Replacement Fund - Automotive Equipment $9,000 10,000 100,000 185,000 5,000 41,665 75,000 Total Appropriation Adjustments $425,665 Revenue Budget Adjustments: Parks Maintenance Fund - Automotive Leases $9,000 Facilities Maintenance Fund - Automotive Leases 5,000 Total Revenue Budget Adjustments $14,000 n 168 of 221 Questions 44 169 of 221 The following page(s) contain the backup material for Agenda Item: City of National City comprehensive annual financial report (CAFR) and single audit report on federal awards for the fiscal year ended June 30, 2019. (Finance) Please scroll down to view the backup material. 170 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO.: ITEM TITLE: City of National City comprehensive annual financial report (CAFR) and single audit report on federal awards for the fiscal year ended June 30, 2019. (Finance) PREPARED BY: Karim Galeana, Finance Manager DEPARTMENT: Finance I PHONE: 619-336-4331 APPROVED BY: EXPLANATION: Transmitted herewith is the City of National City's comprehensive annual financial report and the single audit report on federal awards for the fiscal year ended June 30, 2019 prepared by the City's external auditors, The Pun Group, LLP. The reports include all agencies under the control of the City Council, as well as the Successor Agency to the Community Development Commission as the National City Redevelopment Agency. The auditors have conducted their examination of the financial statements in accordance with generally accepted auditing standards and have expressed an unmodified ("clean") opinion of those statements. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: 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 reports. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. The comprehensive annual financial report (CAFR) and single audit report on federal awards for the fiscal year ended June 30, 2019 are available on the City's website at https://www.nationalcityca.gov/government/finance/financial-reports. Hard copies are available in the City Clerk's Office and the City Library, once City facilities reopen. 2. Presentation 171 of 221 TPUHE N GROU f 4Ct_OUN`I'AN 1 ti t ADV1 t'It CITY OF NATIONAL CITY Presentation to the City Council For the Fiscal Year Ended June 30, 2019 April 21, 2020 CALIFORNIA -^ liNTIONAL, INCORPORAT-EP www.PunGroup.com 172 of 221 TPUHE N GROUP 4CCOUNI'AN 1 ti t 1Lll`I t'IC Financial Indicators and Key Pension and OPEB Information www.PunGroup.com 173 of 221 TPUHE N GROUP :1( (711NI. \Iw& ADA1:kC`K, City of National City Governmental Activities Net Cost of Services to Tax Revenues For the Year Ended June 30, 2019 Net Cost of Services Tax Revenues Ratio $ (54,039,478) 51,987,107 103.95% 174 of 221 TPUHE N GROUP :1( L(7.1IN I. \ I w & 'ILIAI:k_ R`, City of National City General Fund Unassigned Fund Balance to Annual Expenditures For the Year Ended June 30, 2019 Unassigned fund balance Annual expenditures Ratio $ 13,673,543 59,566,684 22.96% 175 of 221 THE PUN GROUP ACi'0U N I AN I S & ADVISORS Aggregate Net Pension Liability For the Year Ended June 30, 2019 Miscellaneous Safety Total Plan's Aggregate Net Pension Liability Discount Rate -1% Current Discount Discount Rate +1% (6.15%) Rate (7.15'/) (8.15% $ 52,173,734 $ 34,93 ,328 $ 20,68 .754 95.938,077 67,958,381 45.055.659 $ 148,111,811 Miscellaneous Plan 73.15% funded Safety Plan 66.31% funded 102,890,709 $ 65,738.41 3 176 of 221 THE PUN GROUP ACi'0U N I AN I S & ADVISORS Pension Expense For the Year Ended June 30, 2019 CaIPERS Miscellaneous Plan CaIPERS Safety Plan Total Governmental Activities 5,966,188 9,430,850 15,397,038 Miscellaneous Plan Contributions $3,371,801 (27.54% of covered payroll) Safety Plan Contributions $6,483,584 (48.8% of covered payroll) 177 of 221 THE PUN GROUP ACi'0U N I AN I S & ADVISORS Total OPEB Liability June 30, 2019 Total OPEB Liability Discount Rate -1'° Current Discount Discount Rate +1% (2.15%) Rate (3.15% (4.15 Total OPEB Liability $ 5,867,4.54 $ 5,302,749 $ 4,814,973 178 of 221 TPUHE N GROUP 4CCOUNI'AN 1 ti t 1Lll`I t'IC Audit Results www.PunGrour core 179 of 221 THE PUN GROUP ACC' 0UN IA'V I S & ADVISORS Audit Results • Unmodified Opinion for ALL Opinion Units • Financial statements are fairly presented in all material respects • Significant accounting policies have been consistently applied • Estimates are reasonable • Disclosures are properly reflected in the financial statements 180 of 221 THE PN GROUP C'11hIANIS&AC)VISC S Federal Single Audit • Compliance for each major federal program • Internal control over compliance required by Uniform Guidance • Report on Schedule of Expenditures of Federal Awards 181 of 221 THE PUN GROUP ACC OUNIANISAzADVISORS Federal Single Audit CFDA Numbers) 14.218 14.871 20.205 Name of Federal Program or Cluster Expenditures CDBG - Entitlement Grants Cluster $ 810,700 lasing Choice Voucher Custer 12,232,E Highway Planning and Construction Cluster 2,056,465 Total Expenditures of All Major Federal Programs $ 15,099,845 Total Expenditures of Federal Awards Percentage of Total Expenditures of Federal Awards $ 15,976,625 94.51% 182 of 221 THE PN GROUP C'11hIANIS&AC)VISC S Federal Single Audit Results • No material weaknesses or significant deficiencies • Unmodified report issued on compliance for major programs • No findings disclosed that are required to be reported • City qualified as a low -risk auditee 183 of 221 THE PUN GROUP ACC' OUNfA'VIS&ADVISORS Other Results • No disagreements with management • No accounting issues were encountered where no authoritative guidance was available • Accounting principles were consistently applied • No significant deficiencies or material weaknesses in internal control over financial reporting or compliance were noted • No material irregularities were discovered 184 of 221 TPUHE N GROUP 4CCOUN`I'AN 1 ti t ADV1 t'It Thank You For allowing The Pun Group, LLP to provide services to the City of National City www.PunGroup.com 185 of 221 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - Request from Murphy's Produce to conduct an emergency food distribution event at 1031 National City Boulevard on April 25, 2020 and May 9, 2020 from 8:00 a.m. - 11:00 a.m. The applicant has requested a waiver of all fees. (Neighborhood Services) Please scroll down to view the backup material. 186 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit - Request from Murphy's Produce to conduct an emergency food distribution event at 1031 National City Boulevard on April 25, 2020 and May 9, 2020 from 8:00 a.m. — 11:00 a.m. The applicant has requested a waiver of all fees. (Neighborhood Services) PREPARED BY: Dionisia Trejo PHONE: (619) 336-4255 EXPLANATION: This is a request from Murphy's Produce to conduct an emergency food distribution at 1031 N.tional City Boulevard on April 25, 2020 at 8:00 a.m. and May 9, 2020 at 8:00 a.m. DEPARTMENT: Neighb ho•' ervices Department APPROVED BY: The purpose of the event is to help the National City community with food due to COVID-19. This will be a drive -through event. Vehicles will drive up and food boxes will be placed in their trunks. Volunteers will wear masks and gloves at all times. Identification showing National City residency will be required. The food distribution will be in the parking lot. No one will enter the building during the event. Note: This is the first time this organization has requested a Temporary Use Permit to conduct the Murphy's Produce emergency food distribution. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS City fee of $272.00 for processing the TUP through various City departments and $437.62 for Public Works. Total Fees are $709.62 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with a request for waiver of fees in accordance with City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Application for a Temporary Use Permit with recommended conditions of approval. 187 of 221 CALIFORNIA 1331 'NcoRroRA'rSo ❑ Fair/Festival ❑ TUP City of National City is Neighborhood Services Department 1243 National City Boulevard is National City. CA 91950 (619) 336-4364 fax (619) 336-4217 vomv. nafi onalcityca. gov Special Event Application ❑ Parade/March ❑ Walk or Run [�ConcertiPerformance ❑ Sporting Event f -1Other (specify) FOOD?'J- 4'l11?10r Event Title /Yl Cn rvor, �i Event Location (list all sites being requested) 1(05f A -1-)0 \ (._ Ci.4 1 V(( / C Set -Up Starts Date_ April 25, 2020 _Time R` 00 M"- Day of Week Se•Ct ) r t,tvl and May 9, 2020 Event Starts Date Time Day of Week Event Ends Date Time Day of Week Breakdown Ends Date Time Day of Week :400014-rah I to -: Applicant (Your name) Lorit'vjv<-L-, �� A-1-- 1 (• Sponsoring Organization ` - 9 J W L) tW Event Coordinator (if different from aiplicant) ( 1 Mailing Address 1 03 1 ( >�+I' q I o1 ;,AL.- , 2.-- ,b `vc.,1 EK; r /\ y 7LO C� w, . .,. Y7, .2.�-------1 Da Phone , L L i--DAfter Hours Phone � I Cell Fax Public Information Phone E-mail f (. t" 3, t•) L i --)L,K1-7714 Vr) V t�s'(f t :' , /sir Applicant agrees to investigate, defend, indemnify and hold harm ess the City its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUPlspecial event may implicate fees for City services, which will have to be paid in the City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the City's refund policy for application processing and facility use and that fees and charges are adjusted annually and are subject to change. Signature of Applicant: Date ,; -Z.�� Special Event Application (continued) Please complete the fol owflg sections with as .much etetail aspossihle since fees and reqiinements are based Ora the information you provide us. • . Fees/Proceeds/Reporting Is your organization a "Tax Exempt, nonprofit" organization? Yes Kd No d Are admission, entry, vendor or participant Foos required? Yes 0 No V If YES, please explain the purpose and provide amount (s): $Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ Estimated Expenses for this event. $ Cs What le the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description of Event cA4irst Time event LI Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: Estimated Attendance Anticipated # of Participants: IUD D Anticipated # of Spectators: 2 :r 189 of 221 1 Requesting to close street(s) to vehicular traffic? Yes 0 No List any streets requiring closure as a result of the event (provide map): Date end time of street closure: ?ate and time of street reopening: [] Other (explain) Requesting to post "no parking" notices? Yee 0 No 0 ❑ Requested "No Parking" on city streets and/or parking lots (list streetstparking lots) (provide map): ❑ Other (explain) SOCinly±anfltraW,4 C;aratro Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: `%i) e ',f At k/ -1 .t (VI 1- .1. —1 ..f p Have you hired Professional Securi to handle security arrangemenr. for this event? Yes No If YES, name and address of Security Organization Security Director(Neme): Phone: tf using the services of a professional security firm and the event will occur on City properly, please provide a copy of its insurance certificater evidencing liabi ity with limits of at least $1 Million dollars per oroctwance/$2 Million dollars aggregate, as well as end additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds Evidence of insurance roust be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission_ . Is this a night event? Yes ❑ No [!f YES, please state how the event and surrounding area will 'he illuminated to ensure safety of the participants and spectators: 3 190 of 221 '',Ftr t,Aid" Depending on the number of participants, your event may require specific First Aid services. First aid station to be staffed by event staff? Yes N4o D First aid/CPR certified? Yes lul No Li 0 First aid station to be staffed by professional company, 0- Company If using the services of a professional security firm and the event will occur on City property, please provide a copy of its insurance certificate, evidencing liability with limits of at least Si Million dollars per ocqurrencef$2 Million doitar8 aggregate, es well as and additional Insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds. Evidence of Insurance must be provided by the vendor or its insurer to the Neighborhood Services Department at the time of submission. Aec'essibil'ity' Please describe your Accessibility Plan for access at your event by individuals with disabilities: Sektirig up a stage? Yes Q No F Requesting C€ty's PA system Requesting City Stage; if yes, which size? 0 Dimensions (13x28) © Dimensions (20x28) o Applicant providing own stage A- (DImensions) Setting up canopies or tents? # of canopies size # of tents size Cl No canopiesttants being set up Setting up tables and chairs? 0 Furnished by Applicant or Contractor I# of tables 0 No tables being set up # of chairs 3 No chairs being set up Q (For City Use Only) Sponsored Events Does not apply to co -sponsored events # of tables 0 No tables being set up 4 191 of 221 # of chairs o No chairs being set up Contractor Name Contractor Contact Information Addtess 5 CityiState Phone Number 192 of 221 Setting up other equipment? ❑ Sporting Equipment (explain) © Other (explain) of setting up any equipment listed above at event Having amplified sound and/or music? Yes ❑ N ❑ PA System for announcements 0 CD player or DJ music ❑ Live Music lo ❑ Small 4-5 piece live band to ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. to Contractor Name Address CitylState Rhone Number Using lighting equipment at your event? Yes ❑ No IY ❑ Bringing in own lighting equipment ❑ Usirtg professional lighting company to Company Name Address CilyiState Phone Number Using electrical power? Yes ❑ No ❑ Using Kimball Park Bowl Lighting (from to ) ❑ Using on -site electricity ❑ For sound and/or lighting ❑ For food and/or refrigeration ❑ Bringing in generator(s) ❑ For sound and/or lighting ❑ For food and/or refrigeration Vendor Inforination PlcEASE NOTE . YOU: may be pequkned to apply foe a teMperaiii 4asaelth:I nnik it food orbtnierages ore solid of glVett`away dating. roilr special event. Also** "Penult* and Compliance" an page It in the a ial Event de. For : ditioial rforma#lon on obtaining a.tolino6mty kiealPermit, pleaSe contacOtte Coinnitk of Sign it g `I nvira nmentall Health at git ).,— 2 . Having food and non-alcoholic beverages at your event? Yes ❑ Nolte © Vendors preparing food on -site to # Business License# If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: [] GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food 1 to Business License # r] Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc,) ]� # ❑ Vendors selling food # to- Business License #(s) ❑ Vendors selling merchandise* ► Business License #(s) 6 193 of 221 D Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # f Business License #(s) ► Explain services ❑ Vendors passing out information only (no business license needed) ## Ir Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ No/ PLEA NOT:: in the event iiriI1 Stable uoeps areptlOvklad :at t to event, The City 4 f Nootiai sgtiir s coimn+ien ai liability ;inourance Widh limmts;ofat least'Si Mllici r doflar6 per occwwrre e/$2 i�liliroli dollars aggr ,te:1.0 adds n. the city of National City must Oe ne ned as an Add1lio ai Irasprr pumtiknt tv a .sepa t' .e0orsement; vithich > hall be {road 't6ilr vendor or itS;InSnrar to ther.eily's Risk Manat er-,'along with,the Peritifieste of, iirlsurar)ce; for.apptoval prior to the event: The:applir. tion st>aui idl be.filed'dirt at lo,aitt One week prior to the event.. There is a $25 fee to process the perry t epp9icaliien: For fitiOlOne or to Obtain a taopy of 11,10:1Faitil4 lice Appfralti orr', pfeasee confacit the EngineertngfR hlieWr4 Oepartinent.at0G:t9 4 t1; 0 Inflatable bouncer house # D Rock climbing wall Height ❑I Inflatable bouncer slide # 0 Arts & crafts (i.e., craft making, face painting, etc) ❑ Carnival Rides El Other Having fireworks or aerial display? Yes ❑ No V ❑ Vender name and license # Dimensions Duration. Number of shells Max, size PLiA E NOTES :in the .event tireworfta or another r ei ini display is {urine for y lr � vent;:Tfie:City of Nationfat.COI .r wires sprier i li vilify insuralt- u with iwnlit ail least `'$ ?.11/1sllion do 1i ra. r caaacrir :1014° 11 duilars aggregate: .in cialioni;:the i of Na canal Oity irin0st be ri led :s pit $dhlilignei,lrisltrcri:pursriantis a mate inagorSerneritg3ibieh Shall be pry yk ed by :illiievendor' Or its irisurer.to the Cit}s Risk Manage , aiorig witty tho•+ ettiiic to -of ilsIir. nee, fo .. #1 arov411 prior to ttlq . eVe.nt: .PeNtriclOgo.n the sib andfs nature Of the firOroiks tilsplatr,the CiVreseryeS the rigiht reqrreSt higher:4;914 fy 16 ts:: he Ven4orMost alsO obtain a tiirewaricS Mil frecri;fhe. Rational City Fire.. Deparhnerit and the cost is $ d2.01 '- :.• .:.... Arranging for media coverage? Yes ❑ NI ❑ Yes, but media will not require special setwup 0 Yes, media will require special set-up. Describe 7 194 of 221 renrumn PLEASE NOTE: For City sponsored or wsponr ored events; banners publicizing the event may placed en. the existing Poles. On the 10 block and 3100 block of National Ci y ElOttlevard. The ins: must be made tattle City's specifications. Pleaserefer teete City'e. Speekall Event Graittebo+ok and Fee Schedule farads itic naal information, . Are you planning to have signage at your event? Yes ❑ No 0 Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # la' (complete Inflatable Signage Request form) ❑ Yes, we will have banners # ❑ What will signslbanners say? ❑ I -tow will signs/banners be anchored or mounted? ❑ Location of benners!&gnage Waste Management PLWEltl F : brie toilet for: every 2450 people iS requited;. unteas the applicant can OM ii there... ate snifficient fas:idrti itt the immediate area available to the public during .the ever t Are you planning to provide portable restrooms at the event? Yes ❑ N If yes, please identify the following: Os Total number of portable toilets: Is Total number of ADA accessible portable toilets: 0 Contracting with portable toilet vendor. Its Company Phone lew Load -in Day & Time Is Load -out Day & Time 0 Portable toilets to be serviced. ts Time Set-up, Br.eakdown,'Ciiean-u Setting up the day before the event? ❑ YO.$, will set up the day before the event. ! # of setup day(s) No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) ❑ No, vehicles will Load/unload from nearby street or parking lot. 8 195 of 221 N:PD:ES'-Litter Fence City to install litter fence Applicant to install litter fence N/A Breaking down set-up the day after the event? D Yes, breakdown will be the day after the event. IP' # of breakdown day(s) [ lo, breakdown will occur on the event day, How are you handling clean-up? 0 Using City crews sing volunteer clean-up crew during and after event. Q Using professional cleaning company during and after event. MiAcellarieous; Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 9 196 of 221 - CALIFORNIA .. NATIONAL CiTV INcon puil.1r4tiT Special Event of ma on ecia.A Events Pre -Event Storm cite-° Compliance Checklist Name of Special Event: xeectted It of Attendee,; 100 ( l Event Hog coorrf ator. 7. 1 L''1`) f ThJ �° Phone Number: '76" fo°7 i i o Storm Water Best Management Practces B Ps) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: 1 t/ Will enozgh recycling bias provided for the evert? Provide number of recycle bins: Will all portable toilets have se--oondary containment trays? (exceptions for ADA compliant portable *.Whets) Do all storm drains have screens to temporarily protect trash and debris from entering? ti./ Are spill cleanup kits readily available at designated spots? t/ * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. I0 197 of 221 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: �r fl Person in Charge of Activity: Address: fO`5% Telephone: J- 01). 62 VO — 7r% `2 rate(s) o Use: HOLD HARML S AGREEMENT RODUC, 1,6 GC VI j"-rK Al .�n4 KATT-00AL,CAL -d ; �, q As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Official Title: (Lii-Uk-le For Office Use Only ,2010 Certificate of Insurance Approved Date 1I 198 of 221 Traffic flow chart for Murphy's Produce with Purpose (Emergency Food Distribution) We would like to have the event on Saturday April 1Bth 2020, the event will start at 8 am -clam but I think we will run out of food well before the time set. We picked Saturday because hopefully there will not be a lot of traffic out on a Saturday Morning. Cars will be entering the facility at 1031 National City Blvd from 2 different streets. I have submitted some pictures of the facility and the roads to enter the facility, First entry is north bound National City Blvd to 11th street, Make right on ll.th then immediate left into the facility they will then enter into the lane closes to the street and exit out of the first exit available onto National City Blvd, (we would need no parking signs on the east sidewalk of National City Blvd from 12th St. to Plaza Blvd ) Second entry is cars would come up 12th street and make a ♦Right on "A" St. and a left on 11th St, then up to the top of hill a nd enter facility on right side before they get to National City Blvd. They will enter the first lane closest to the building and drive along the building and exit out of the second exit onto National City Blvd. (so we would need no parking signs on the north side of 11th from A St. to National City Blvd) If we can get signs on the sidewalk with no parking for the event on National City Blvd from 12th to Plaza Blvd. and signs on the sidewalk for no parking on north bound side of 11th that would help with the flow of traffic. This event is an emergency food distribution and people will have to stay in their cars at all times. There will be 2 lines for cars to enter and exit the facility, the cars will simply pull into the driveway and our volunteers (wearing mask and gloves) will load the trunks with the boxes / bags of food for the families and shut the trunk. The cars will then proceed out of the facility onto National City Blvd. The Distribution will be focused on the community of National City and we are going to ask that every car that enters has a national city address, we are hoping to feed 150 families but if we get more food donated then the numbers will hopefully be higher. The Distribution will just be using the parking lot of the facility, there will be no entrance by anyone into the facility during the distribution. 199 of 221 12 Client#: 58100 MURPPROD ACORD. CERTIFICATE OF LIABILITY INSURANCE IDATE (MM/DD/YYYY) 4/15/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu Of such endorsement(s). PRODUCER ESP INSURANCE BROKERAGE LLC 306 Main Street Worcester, MA 01608 CONTACT NAME; _WC No, Ext): E.MA1L ADDRESS: FAX (A/CLNo): INSURER(S) AFFORDING COVERAGE INSURER A : Philadelphia Indemnity Insurance Co, INSURED Murphy's Produce with Purpose 1031 National City Blvd National City, CA 91950 INSURER B : NAIC # 18058 INSURER C: INSURER D : INSURER E INSURER F : COVERAGES CE - -----_ __ Rcvron.ov NUIVIGM V THIS INDICATED, CERTIFICATE EXCLUSIONS MSR IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE ADDLSUBR INSR VJVD POLICY NUMBER ' (MMIDDlYYY Y) (POLICY /DYT) LIMITS A X COMMERCIAL GENERAL LIABILITY X PHPK2119114 04/09/2020 04/09/2021 EACH OCCURRENCET $1,000,000 CLAIMS -MADE X OCCUR PREMISES occur once) (Ea MED EXP $100,000 (Any one parson) $ 5,000 PERSONAL & GEN'L AGGREGATE LIMIT APPLIES R PRO - PER: ADV INJURY GENERAL AGGREGATE $1,000,000 s 2,000,000 P POLICY JECT LOC PRODUCTS-COMP/OP AGO $2,000,000 OTHER: $ AUTOMOBILE LIABILITY. COMBINED SINGLE LIMIT (Ea accident) $ — ANY AUTO ALL OWNED r— SCHEDULED BODILY INJURY (Per person) $ A AUTOS... A AUTOS NON -OWNED BODILY INJURY (Per accident) $ H HIRED AUTOS AUTOS PROPERTY DAMAGE - (Per accident) $ $. UMBRELLAL!AB OCCUR EACFIOCCURRENCE $ EXCESS LUAB CLAIMS -MADE AGGREGATE JI $ DED I RETENTION $ $ ' WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y 1 N 'PER ORTH- !STATUTE I I LE ANY PROPRIETOR/PARTNER/EXECUTIVEIJ OFFICER/MEMBER EXCLUDED? l N IA E.L. EACH ACCIDENT $ (Mandatory in NH) If yes, describe under E.L. DISEASE - EA EMPLOYEE $ D DESCRIPTION OF OPERATIONS below E.L. DISEASE; POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached If more space Is required) The City of National City, its officials, agents, employees and volunteers are included as additional insured with respect to general liability as required by written contract. Coverage applies to Murphy's Produce with Purpose food bank activities within the effective dates reflected on the certificate. Location: 1031 National City Blvd National City CA 91950 CANCELLATION City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 ACORD 25 (2014101) 1 Of 1 #5369737/M369664 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED iN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE {AA ate..nopi O 1944u 2014ACORD CORPORATION. All rights resa-,sA The ACORD name and logo are registered marks of ACORD 209 of 221 22 CMARS Dionisia Trejo From: Joe Olson Sent: Tuesday, April 14, 2020 5:06 PM To: Dionisia Trejo Cc: Armando Vergara Subject: FW: Murphys Produce with Purpose Dio, Below is the declaration of intent with a request for Waiver of fees. Thanks, Joseph Olson Manager, Neighborhood Services Division City of National City 1243 National City Blvd. National City, CA 91950 Direct: 619-336-4548 The City of National City is open Monday through Thursday from 7::00am-6: 00pm; offices are closed on Fridays. oxc�� r►u From: james murphy[mailto:jimmymurphyl3@yahoo.com] Sent: Tuesday, April 14, 2020 5:04 PM To: Joe Olson <jolson@nationalcityca.gov>; Jim Murphy <jimmymurphyl3@yahoo.com> Subject: Murphys Produce with Purpose CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Good afternoon Joe, I first of all wanted to thank you and everyone involved for trying to get this unique distribution fast tracked and for all your help on this emergency distribution project. I know in times like this our community will really benefit with a little extra food in the pantry. I wanted to see if at all possible the city would be willing to wave the fees associated with this event. This Emergency Food distribution is totally free to the families, I am paying for certain items that we will be distributing as well as some items that are donated. My goal would be to start on the 25th of April and do a bi- weekly distribution that would cater to our neighborhoods. All the food would be donated for distribution and we would be collaborating and partnering with Project 1:1 and with other local non profits to pull this event off. I also want to make sure everyone knows that we have submitted plans for the proper tenant improvement work that is currently not permitted at our facility and we are ready to pay all fees associated with the project once the building department gets back to us to take further steps in getting the red tape off the building. 1 23 210 of 221 That being said the building at 1031 National City Blvd will be closed and all doors Iociced for absolutely no entrance by any employees or volunteers during any time of the events. We will only be utilizing the driveways for staging and drive thru distribution with zero contact to the public. We are excited about helping the community and partnering up with the city on these distributions. Please let me know if you need anything from me and thanks to you and the city for taking the time to work with us. Thanks Jimmy Murphy Murphys produce with purpose 2 24 211 of 221 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: Project II EVENT: Murphy's Produce with Purpose Food Distribution DATE OF EVENT: April 25, 20201 Every two weeks during pandemic APPROVALS: RISK MANAGER YES [.x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: PUBLIC WORKS (619)366-4580 Streets Division 1 staff for 2hrs. @ $75.47hr. = $150.94 1 Truck for 2hrs. @ $22.76hr. = $45.52 15 "NO PARKING " signs w/barricades @ $1.49ea. = $22.35 Total cost = $ 218.81 POLICE DEPARTMENT The police department will have officer's extra patrol the area as calls allow and will not be available for traffic control. A parking enforcement officer will be needed to assist with traffic control in the area of National City Blvd and 12th St, CITY ATTORNEY Approved on conditions that Risk Manager approves 25 212 of 221 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request to for the issuance of a Temporary Use Permit. As a condition of the issuance of the permit as the following document has been provided: • A valid copy of the Certificate of Liability Insurance. • The insurance policy has a combined single limit of no less than $1,000,000,00 that would cover the date and location of the event. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". • The insurance coverage is sufficient to provide coverage in the event of a claim • The Certificate Holder reflects: City of National City c/o Risk Manager 1243 National. City Boulevard National City, CA. 91950-4397 It should be noted that the Indemnification and Hold Harmless Agreement were properly executed by the applicant at the time the Special Event Application was submitted. FIRE (619) 336-4550 No fees for this event Stipulations required by the Fire Department for this event are as follows: 1) Maintain Fire Department access at all times. Emergency services access shall be given to all emergency apparatus upon approach. 2) Access for Fire Department shall be maintained at all times. At no time shall fire lanes, fire hydrants, fire protection systems of all types etc. be obstructed at any time. A minimum of 20 feet wide shall be maintained for the use of fire lanes. 26 213 of 221 The following page(s) contain the backup material for Agenda Item: City Council 2020 Legislative Recess. (City Clerk) Please scroll down to view the backup material. 214 of 221 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2020 AGENDA ITEM NO. ITEM TITLE: City Council 2020 Legislative Recess PREPARED BY: Michael R. Dalla PHONE: (619) 336-4226 EXPLANATION: See attached Staff Report. DEPARTMENT: City Clerk� APPROVED BY: ��G T7. FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff requests City Council direction on observing a legislative recess. Should the Council desire a recess, it is recommended that the Council consider the month of July. In accordance with National City Municipal Code (NCMC) Section 2.04.020, any Regular Meeting may be dispensed with a vote. ATTACHMENTS: Staff Report 215 of 221 CITY COUNCIL 2020 LEGISLATIVE RECESS Staff Report Since 2014, the City Council (Council) has observed a legislative recess during the summer to provide City staff and Elected Officials an opportunity to catch up on work, reenergize, and prepare for the start of a new fiscal year. The purpose of this agenda item, is to determine whether the City Council would like to once again consider a legislative recess in 2020. Background Observing a legislative recess from a City's Council meeting schedule is practiced by a number of San Diego cities that recess both in the summer and winter. Some cities, including the State Legislature, and quasi -governmental entities, such as the San Diego Association of Governments (SANDAG), recess over an entire month, generally in the summer. Last year, the Council voted to recess during the month of July. For the previous five years, the Council voted to recess during the month of July (four times), and in August (one time). Discussion To assist the Council with its decision, please note the following: • There are five (5) Tuesdays in June. Should the City Council recess in July, there would be seven (7) weeks between meetings (June 17—August 4). As a reminder, the first meeting in August (this year, August 4th), typically begins at 5:00 p.m. due to the "National Night Out Against Crime" event. Recommendation Staff requests City Council direction on observing a legislative recess. Should the Council desire a recess, it is recommended that the Council consider the month of July. In accordance with National City Municipal Code (NCMC) Section 2.04.020, any Regular Meeting may be dispensed with a vote. 1 216 of 221 The following page(s) contain the backup material for Agenda Item: Current Vacancies on Boards and Commissions. (City Clerk) Please scroll down to view the backup material. 217 of 221 Item # 04/21/20 CURRENT VACANCIES ON BOARDS AND COMMISSIONS. (City Clerk) 218 of 221 Official Canvass Measure H: Shall the City Clerk and City Treasurer be Appointed? Votes % NO 4059 52 % Yes 3747 48 Measure J: Shall Ordinance No. 2019-2463 (Banning Pet Sales) be Adopted? Votes % YES 5054 62 No 3126 38 219 of 221 The following page(s) contain the backup material for Agenda Item: COVID-19 Update. (City Manager) Please scroll down to view the backup material. 220 of 221 Item # 04/21/20 COVID-19 Update (City Manager) 221 of 221