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Agenda Packet - 02-19-19 CC HA Agenda - Final
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CI7ny INCORPORATED ALEJANDRA SOTELO-SOLIS Mayor RON MORRISON Vice Mayor JERRY CANO Councilmember GONZALO QUINTERO Councilmember MONA RIOS Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, FEBRUARY 19, 2019 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are 1 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 2 adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. National City Recognizes American Heart Association Month 2. National City Celebrates Lunar New Year and the 30th Anniversary of Chan Dong Oriental Supermarket AWARDS AND RECOGNITIONS 3. Introduction of New Employee - Robert Meteau, Director of Human Resources. (City Manager) PRESENTATIONS INTERVIEWS / APPOINTMENTS 4. Swearing -In (Ceremonial) of Newly Appointed Councilmember Gonzalo Quintero. (City Clerk) CONSENT CALENDAR 5. 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) 6. Approval of the Minutes of the Special Meetings of the City Council of the City of National City of May 8, 2018 and May 29, 2018. (City Clerk) 7. Resolution of the City Council of the City of National City ratifying the acceptance of an augmentation to the California Library Literacy Services (CLLS) Grant in the amount of $28,974 for the National City Library's Fiscal Year 2018-19 Literacy Program, increasing the total grant amount from $18,000 to $46,974; and authorizing the establishment of an 3 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 4 additional $28,974 Library Grants Fund appropriations and a corresponding revenue budget. (Library) 8. Resolution of the City Council of the City of National City authorizing the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control (DTSC) for an amount not to exceed $76,934 to provide oversight for environmental remediation of the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park project site. (Engineering/Public Works) 9. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. S18 with the State of California Department of Transportation (Caltrans) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project to allow for reimbursement of up to $3,335,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $3,335,000 and corresponding revenue budget. (Engineering/Public Works) 10. Resolution of the City Council of the City of National City: 1) awarding a contract to Portillo Concrete, Inc. in the amount of $290,575 for the Harbison Avenue Road Diet Project, (CIP No. 18-17); 2) authorizing a 15% contingency in the amount of $43,586.25 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 11. Temporary Use Permit — National Day of Prayer sponsored by First Christian Church of National City at Kimball Park Bowl on May 2, 2019 with no waiver of fees. (Neighborhood Services) 12. Investment transactions for the month ended October 31, 2018. (Finance) 13. Investment transactions for the month ended November 30, 2018. (Finance) 14. Warrant Register #28 for the period of 01/02/19 through 01/08/19 in the amount of $446,245.08. (Finance) 15. Warrant Register #29 for the period of 01/09/19 through 01/15/19 in the amount of $1,777,456.39. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS NON CONSENT RESOLUTIONS 16. Resolution of the City Council of the City of National City authorizing various fiscal year 2019 mid -year budget adjustments. (Finance) 4 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 5 NEW BUSINESS 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for the off -site sale of beer and wine at an existing gas station convenience store located at 3230 National City Boulevard in the Coastal Zone. (Applicant: National City Gas and Car Wash, Inc.) (Case File 2018-27 CUP) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - March 5, 2019 - 6:00 p.m. - Council Chamber - National City, California. 5 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 6 The following page(s) contain the backup material for Agenda Item: National City Recognizes American Heart Association Month Please scroll down to view the backup material. 6 of 189 Item # 02/19/19 National City Recognizes American Heart Association Month Proclamation Forthcoming 7 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 8 The following page(s) contain the backup material for Agenda Item: National City Celebrates Lunar New Year and the 30th Anniversary of Chan Dong Oriental Supermarket Please scroll down to view the backup material. 8 of 189 Item # 02/19/19 National City Celebrates Lunar New Year and the 30th Anniversary of Chan Dong Oriental Supermarket Proclamation Forthcoming 9 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 10 The following page(s) contain the backup material for Agenda Item: Introduction of New Employee - Robert Meteau, Director of Human Resources. (City Manager) Please scroll down to view the backup material. 10 of 189 Item # 02/19/19 Introduction of New Employee Robert Meteau, Director of Human Resources (City Manager) 11 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 12 The following page(s) contain the backup material for Agenda Item: Swearing -In (Ceremonial) of Newly Appointed Councilmember Gonzalo Quintero. (City Clerk) Please scroll down to view the backup material. 12 of 189 Item # 02/19/19 SWEARING -IN (CEREMONIAL) OF NEWLY APPOINTED COUNCILMEMBER GONZALO QUINTERO. (City Clerk) 13 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 14 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 14 of 189 Item # 02/19/19 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) 15 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 16 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Special Meetings of the City Council of the City of National City of May 8, 2018 and May 29, 2018. (City Clerk) Please scroll down to view the backup material. 16 of 189 Item # 02/19/19 APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF MAY 8, 2018 AND MAY 29, 2018. (City Clerk) 17 of 189 Book 100 / Page 85 05-08-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY BUDGET WORKSHOP / FISCAL YEAR 2019 BUDGET PRESENTATION May 8, 2018 The Special Meeting of the City Council of the City of National City was called to order at 5:06 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Morris -Jones, Parra, Raulston, Roberts, Rodriguez, Vergara, Williams. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENT Alicia Sanchez, National City, spoke in support of continued funding for amortization. Larry Emerson, National City, encouraged the City to take full advantage of available funding for electric vehicle purchases and discussed pending State legislation for transportation and infrastructure funding. INTRODUCTION City Manager Leslie Deese gave opening remarks and outlined the order of presentations that would be made by City Staff. PRESENTATIONS Staff Presentations were made by Deputy City Manager Brad Raulston, Finance Director Mark Roberts, Economic Development Specialist Megan Gamwell, and City Engineer Steve Manganiello, on the below listed topics. • Fiscal Year 2018 3rd Quarter Review • Fiscal Year 2019 Preliminary Budget a. General Fund Budget Summary b. Total Budget Summary c. Significant Budgetary Impacts d. Other Potential Impacts e. Capital Improvement Program • Future Impacts • Next Steps • Closing Comments & Request for Direction NOTE: All presentation materials are attached as Exhibit "A" 1 18 of 189 Book 100 / Page 86 05-08-2018 CITY COUNCIL COMMENTS AND DIRECTION Member Cano suggested highlighting the budget deficit so that it is focused on more closely. Member Sotelo-Solis expressed her support for continued funding of at least $50,000 for amortization; Option A regarding the nutrition and Aquatic centers; pursuing Economic Development projects similar to Plaza Mexico in Los Angeles; looking into the City's fee, and taking a long term look at cannabis issues. Member Mendivil expressed his support and encouragement for continuing efforts in areas dealing with Economic Development. Member Rios expressed support for Option No. 1 for the five-year Capital Improvement Program (CIP) budget regarding vehicle fleet funding, the proposal regarding operation of the Aquatic Center and Economic Development efforts to attract businesses. Mayor Morrison suggested the possibility of increased Paramedic service to decrease use of fire trucks, supported the need to pursue different revenue sources due to declining retail sales, encouraging a mixture of housing choices in the City and being business friendly. Mayor Morrison said he would like to eliminate the $50,000 funding for the Chamber of Commerce. City Attorney Morris -Jones suggested a second Budget Workshop be held on May 29th to take action and give direction on the specific items that were discussed. CLOSED SESSION Members retired into Closed Session at 7:29 p.m. Conference with Legal Counsel — Threatened Litigation Threat of Litigation Pursuant to Government Code Section 54956.9(d)(2) One Potential Case The meeting reconvened at 7:34 p.m. All members were present. CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that the City Council gave authorization to take action as recommended by a 4 to 0 vote with one member absent. ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, 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 to be held Tuesday, May 15, 2018 at 6:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Next Regular City Council Meeting: Tuesday, May 15, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 2 19 of 189 ADJOURNMENT (cont.) The meeting closed at 7:35 p.m. Book 100 / Page 87 05-08-2018 City Clerk The foregoing minutes were approved at the Regular Meeting of February 19, 2019. Mayor 3 20 of 189 Book 100 / Page 88 05-08-2018 THIS PAGE IS INTENTIONALLY LEFT BLANK 4 21 of 189 Book 100 / Page 101 05-29-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY BUDGET WORKSHOP / FISCAL YEAR 2019 PRELIMINARY BUDGET May 29, 2018 The Special Meeting of the City Council of the City of National City was called to order at 5:08 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Duong, Manganiello, Morris -Jones, Parra, Raulston, Roberts, Rodriguez, Vergara, Williams. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PRESENTATIONS Staff Presentations were made by Director of Finance Mark Roberts and Budget Analyst Yen Kelly on the below listed topics: • Summary of May 8, 2018 Preliminary Budget Workshop • Review of Deficit Reduction Measures NOTE: All presentation materials are attached as Exhibit "A". PUBLIC COMMENTS Gary Fenelli, San Diego, Mile of Cars Association President, spoke in support to approve the Chamber of Commerce grant. Paul Herman, on behalf of Pedro Anaya, National City, addressed comments to Vice Mayor Mendivil by speaking in support of the continued partnership between the City and the Chamber of Commerce. Jacqueline Reynoso, Chamber of Commerce, shared data points from the last Budget meetings and read into the record, a letter from Jacqueline Marquez who is representing Michelle Reynoso at Reynoso Law, regarding the budget cuts, lack of fiscal support and the negative effects it will have on small businesses. A copy of the letter is on file in the Office of the City Clerk. Carla Holland, Chamber of Commerce, spoke on the Permit Process Improvement Task Force and requested that the City take a proactive approach to their recommendations with a top priority placed on expedited permits for a fee. 5 22 of 189 Book 100 / Page 101 a 05-29-2018 CITY COUNCIL ACTION Motion by Sotelo-Solis, seconded by Rios, to move forward with staff recommendations for Fiscal Year 2018 as recommended on Slide 7 as recommended with the contributions and special payments. Motion did not carry. Substitute motion made by Mendivil, seconded by Morrison, to approve the budget as presented by staff with the contributions and special payments, minus the $50,000 going to the Chamber of Commerce. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. ADJOURNMENT Motion by Mendivil, 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 — June 19, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Next Regular City Council Meeting: Tuesday, June 19, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. The meeting closed at 5:57 p.m. ‘‘1City Clerk The foregoing minutes were approved at the Regular Meeting of February 19, 2019. Mayor 6 23 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 24 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying the acceptance of an augmentation to the California Library Literacy Services (CLLS) Grant in the amount of $28,974 for the National City Library's Fiscal Year 2018-19 Literacy Program, increasing the total grant amount from $18,000 to $46,974; and authorizing the establishment of an additional $28,974 Library Grants Fund appropriations and a corresponding revenue budget. (Library) Please scroll down to view the backup material. 24 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of National City ratifying the acceptance of an augmentation to the California Library Literacy Services (CLLS) Grant in the amount of $28,974 for the National City Library's Fiscal Year 2018-2019 Literacy Program, increasing the total grant amount from $18,000 to $46,974; and authorizing the establishment of Library Grants Fund appropriations and a corresponding revenue budget. (Library) PREPARED BY: M. Duong DEPARTMENT: Libra PHONE: 619-470-5882 APPROVED BY: EXPLANATION: In August 2018, the Library was awarded a CLLS grant in a baseline amount of $18,000 to fund the Library's FY2018-19 Literacy Program. This augmentation of $28,974 represents the final payment from the California State Library to National City Library and is based on a formula that takes into account the following: • a per capita amount per adult learner served in the previous year 2017-18 • a match on local funds earmarked for adult literacy services and established by a Community Development Block Grant in the amount of $52,000, which the City Council awarded to the Library for FY2018-19 by Resolution No. 2018-68 on May 1, 2018. With this final payment, the amount of CLLS Grant awarded to National City Library for its FY2018-19 Literacy Program is $46,974. FINANCIAL STATEMENT: APPROVED: `it/ X0.1.. Finance ACCOUNT NO. 320-31339-3463 320-431-339-* APPROVED: MIS $28,974 Matching funds of $52,000 from the Community Development Grant Fund $28,974 authorized by City Council by Resolution No. 2018-68 on May 1, 2018 are appropriated and available. ENVIRONMENTAL REVIEW: This is not a project therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on February 6, 2019. ATTACHMENTS: 1. Copy of original Letter of Award 2. Award Letter for second installment payment 3. Resolution 2018-68 for CDBG award for FY2018-19 (May 1, 2018) 4. Resolution 25 of 189 IIIMIMIMIZMII Plt)Iaviw4l)t.a1114tat 51u II (1t.ANI,.111 August 15, 2018 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-3314 Dear Ms. Duong: wid STATE tI BRARY minh.duong(i nationalcitvlibrarv.org We're happy to provide funds for the fiscal year that began July 1, 2018 to support your California Library Literacy Services program and the important work you, your staff and volunteers do in your community. The recently signed state budget continues California Library Literacy Services funding at $4.82 million and adds $2.5 million for family literacy. At this time, we're providing the $18,000 baseline amount for your program. The remainder will be sent in the fall after a review of the Final Report you submit to us in September. There are three parts to the library's funding formula: 1. A baseline amount ($18,000) for each approved literacy program to provide libraries with the funding needed to deliver a minimum level of local literacy staffing and services; 2. A per capita amount per adult learner served in the previous year; and 3. A match on local funds raised and expended for adult literacy services —reflecting a commitment to a continuing state/local partnership and providing an incentive for increased local support for adult literacy. The payment process begins once we receive your signed Claim Form (attached). Please direct any questions to: Andrea Freeland @ 916.651.3191 and/or andrea.freeland(a�library.ca.gov. NOTE: All claims must be completed and signed in both places and all claims must be mailed to Fiscal Office — must have original signatures to process claims. Thank y• for yo willingness to do so much for so many people in need. Respe• tf Ily yo r , Greg Luc: s Califs nia State Librarian cc: Enc.: tthew Boatman, Literacy Coordinator (via email: matthew.boatman(anationalcitvlibrarv.o,g) e aim Form 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Services Bureau P. O. Box 942837 Sacramento, CA 94237-0 900 N Street, 4th Floor, Sacramento, CA 95t 26 of 189 -a PRFSFIVI' G OUR HF4TA60. SHAPIRG OUR FVTURT January 10, 2019 Minh Duong, City Librarian National City Public Library 1401 National City Boulevard National City, CA 91950-3314 Dear Ms. Duong: STATE Can BRARY minh. d uonq(d nationalcitylibrarv. orq I'm pleased to enclose a claim form for the remainder of your California Library Literacy Services funding for the 2018-2019 fiscal year. This final, second payment of your total allocation for the fiscal year that began July, 2018 is based on: • A per capita amount per adult learner served at your library during the previous fiscal year. • A match on local funds raised and expended for adult literacy services at your library during the fiscal year that ended June 30, 2018. Earlier this year you received a baseline for your literacy program. The baseline reflects the importance of each library having enough funds to provide local literacy staffing and service. Below is a re -cap of your total California Library Literacy Services funding for the current program year: Baseline Adult Literacy Services: $18,000 (amount previously claimed) Final Payment (Per Capita & Match): $28,974 (amount to be claimed nowt GRAND TOTAL FOR 2018/19: $46,974 Changes in your funding from last year are based on an increase or decrease in the number of adult learners you served, and/or an increase or decrease in the amount of local funds expended on adult literacy last year. We'll initiate the payment process upon receipt of your signed claim form, which is attached. This final payment will be processed after all reporting requirements from the prior fiscal year have been received, all adjustments made and unexpended monies returned. The following specific issues or observations are being made about your final report: None Please mail the signed claim form to: California State Library Fiscal/Local Assistance P.O. Box 942837 Sacramento, CA 94237-0001 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Servicyit...., P. 0. Box 942837 Sacramento, CA 94 27 of 189 900 N Street, 4' Floor, Sacramento, National City Public Library The attached forms require your signature and serve two purposes: 1. Requests to claim the funds and have a check sent to you 2. Certifies that your library will use the funds for the purpose intended; and In January, you'll be asked to revise your literacy budget for the 2018-2019 fiscal year utilizing the actual total allotment from the State Library shown in this award letter. The budget that you submitted with your application earlier this year was based on projections. Your revised budget should reflect updated information and more accurate figures than you had at the time of application. You'll be asked to report electronically after the close of the fiscal year. Library literacy services staff will provide more details on this process. If you need a copy of your most recent final report and/or application, please contact Andrea Freeland at andrea.freeland@library.ca.gov. PLEASE REMEMBER THAT ALL STATE FUNDS MUST BE EXPENDED OR ENCUMBERED BY JUNE 30. 2019 OR RETURNED TO THE STATE. Should you have additional questions regarding the new funding and/or reporting process, please contact: Natalie Cole (916) 651-0985 or natalie.cole@library.ca.gov Andrea Freeland (916) 651-3191 or andrea.freeland(a)library.ca.gov Thanks again f it your commitment to literacy. It's one of the most transformative and successful things librarie- do. Resp • . tfully . urs, Gre• ' cas Ca ' orn a State Librarian cc: tthew Boatman, Literacy Coordinator (via email: matthew.boatmannationalcitylibrary.orq) h Duong, City Librarian (via email: minh.duonci nationalcitylibrary.orq) Enc.: Claim Form Certification Form 916.653.5217 phone 916.653.8443 fax www.library.ca.gov Library Development Servicg� Rurpau P. 0. Box 942837 Sacramento, CA 94 28 of 189 900 N Street, 4th Floor, Sacramento, National City Public Library Invoice #18-6742-2 PLEASE COMPLETE AND RETURN THIS PAGE Claim Form State of California California Library Literacy and English Acquisition Services (CLLS) California Education Code; Section 18880-18883 Budget Citation Chapter 29 - Budget Item 6120-213-0001 Fiscal Year: 2018-2019 Reporting Structure: 61202000 Purchasing Authority Number: CSL-6120 COA: 5432000; Approp. Ref: 213 Category: 84121600 Program #: 5312 FOR PAYMENT OF CALIFORNIA LIBRARY LITERACY SERVICES GRANT Amount Claimed — Final Installment - $28,974 National City Public Library claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code. Warrant to be issued for payment to the library to be addressed to: *National City Public Library, 1401 National City Blvd, National City, CA 91950-4401 (Authorized agency to receive, disburse and account for CLLS funds) hereby certify under penalty of perjury: that the library named above shall use their allowance solely for the purposes indicated in their CLLS application and in Sections 18880-18883 of the California Education Code. Official Representative or Fiscal Agent (Signature Required) Title MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — CLLS P. O. Box 942837 Sacramento, CA 94237-0001 State Library Local Assistance Office Use Only STATE OF CALIFORNIA, State Library Fiscal Office By State Library Representative Approval by State: CLLS $ Date: *The warrant address must match that on file in FISCal. If you need to change the authorized library name and/or address. please contact Colette Moody. CSL Fiscal Offi (Colette.Moodvavlibrarv.ca.gos ) 29 of 189 National City Public Library 3 PLEASE COMPLETE AND RETURN THIS PAGE CERTIFICATION I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that the claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein. The claims the indicated allowance for the purposes of carrying out the functions stated in its CLLS application and in Sections 18880-18883 of the California Education Code. National City Public Library SIGNED Signature - Authorized representative Typed/Printed Name and Title of Authorized Representative Email address of authorized representative DATE MAIL ONE ORIGINAL SIGNATURE TO: California State Library Fiscal Office — CLLS P. O. Box 942837 Sacramento, CA 94237-0001 30 of 189 RESOLUTION NO. 2018 — 68 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FISCAL YEAR 2018-2019 ENTITLEMENT GRANT FUNDS, PROGRAM INCOME, AND FUNDS REMAINING FROM COMPLETED PROJECTS TO COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM ACTIVITIES PROPOSED FOR THE FISCAL YEAR 2018-2019 ACTION PLAN WHEREAS, as an entitlement community, the City of National City administers the Community Development Block Grant ("CDBG") and the Home Investment Partnerships Act ("HOME") Program for the Federal Government under the United States Department of Housing and Urban Development ("HUD"); and WHEREAS, in accordance with the federal regulations at 24 CFR, Part 91, the City is required to prepare and submit an Annual Action Plan for Housing and Community Development Programs funded by CDBG and HOME; and WHEREAS, HUD requires that all CDBG and HOME Program entitlement communities, such as the City of National City, hold at least two public hearings and a 30-day public comment period to solicit input on the 2018-2019 Annual Action Plan; and WHEREAS, the City Council conducted a duly advertised public hearing on March 20, 2018 and May 1, 2018, to receive input from the public; and WHEREAS, the 30-day comment period for the 2018-2019 Annual Action Plan occurred from March 30, 2018 to April 29, 2018; and WHEREAS, the City will incorporate public comments received into the final submission of said Plans within 60 days after the date allocations are announced by HUD and no later than August 16, 2018 (whichever comes first); and WHEREAS, HUD released entitlement appropriations to the City for Fiscal Year 2018-2019 in the amount of $817,539.00 for CDBG and $347,817.00 for the HOME Program which have been used to determine the Annual Action Plan activities to consider for funding identified in Exhibit "A"; and WHEREAS, staff has identified and verified the availability of $64,148.06 in CDBG funds remaining from previous year projects that have been completed to supplement the funding of activities in Fiscal Year 2018-2019 Annual Action Plan as listed on the attached Exhibit "A"; and WHEREAS, staff has also identified and verified program income received from the CDBG Program in the amount of $2,565.70 and $151,574.14 for the HOME Program to further supplement the funding of activities in the Fiscal Year 2018-2019 Annual Action Plan as listed in the attached Exhibit "A". NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the reallocation of $64,148.06 in CDBG funds remaining from completed projects. 31 of 189 Resolution No. 2018 — 68 Page Two BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the allocation of $2,565.70 in CDBG Program income and $151,574.14 in HOME Program income to supplement the funding of activities specified in the Fiscal Year 2018-2019 Annual Action Plan, as set forth in Exhibit "A". BE IT FURTHER RESOLVED that the City Council authorizes the submission of the Fiscal Year 2018-2019 Annual Action Plan for the expenditure of said funds to the U.S. Department of Housing and Urban Development. BE IT FURTHER RESOLVED that City Manager is hereby authorized to execute the final submission of the Fiscal Year 2018-2019 Annual Action Plan, certifications, and agreements required by HUD for the full implementation of the activities funded under said Plan. PASSED and ADOPTED this 1st day of May, 118. n Morrison, Mayor ATTEST: 1,f,r,zj a chael R. Da liC Mi Clerk APPROVED AS TO FORM: ngil orri -Jo es Ci ttorney 32 of 189 CDBG Entitlement: CDBG Program Income 2018: CDBG Reallocation: Total CDBG funds available: FY 2018-2019 City of National City Community Development Block Grant and HOME Investment Partnerships Program Action Plan Funding (FINAL) $817,539.00 $2,565.70 $64,148.06 $884,252.76 HOME Entitlement: HOME Program Income 2018: Total HOME funds available Exhibit "A" $347,817.00 $151,574.14 $499,3941.14 #:1.1. z .. i-ilti,J4pplicant. Name. _ .. .:.:.. _ ....... ".:, . '.:'wM: m;Name-_.:,.; a g x ngs`(FINAL. ` Community Develiopment 4a..,...t_�.,..4.3-._.ti_._.... scnti. L. £h-� -- oc•k Grant(CDBG) P.ragra ` ` ._wt..°_ `-.,._._.__.�z a.. .. '�`7.,.a�ar• ...i.-.tw w Public Service Funds _ 1 Community Services Department Casa de Salud Youth Afterschool Program $ 34,000.00 2 National City Public Library Literacy Services Program $ 52,000.00 3 Police Department (Sponsoring South Bay Community Services) NCPD Support Service: Domestic Violence Response Team $ 20,000.00 4 Community Services Department Tiny Tots $ 16,160.00 Public Service Total: $ 122,160.00 Non -Public Services Funds 5 Housing & Economic Development Housing Inspection Program $ 114,632.46 6 Fire Department Fire Station 34 Section 108 Loan Payment FY 2018 - 2019 $ 483,952.50 Non -Public Service Total: $ 598,584.96 Planning and Administration Funds 7 Housing & Economic Development CDBG Program Administration $ 128,507.80 8 Housing & Economic Development (Sponsoring CSA San Diego County) Fair Housing and Tenant -Landlord Education $ 35,000.00 Planning & Admin Total: $ 163,507.80 CDBG Total: $ 884,252.76 HOME Investment Partnerships (HOME) Progrri Pro ect Funds 9 Housing & Economic Development (Springboard CDFI) First -Time Homebuyer Program y 9 $ 397,279.48 10 Housing & Economic Development CHDO Set -aside $ 52,172.55 Total: $ 449,452.03 Planning & Administration Funds 11 Housing & Economic Development HOME Program Administration $ 49,939.11 HOME Total: $ 499,391.14 33 of 189 Passed and adopted by the Council of the City of National City, California, on May 1, 2018 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California MICHAEL R. DALLA City Clerk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2018-68 of the City of National City, California, passed and adopted by the Council of said City on May 1, 2018. City Clerk of the City f National City, California By: Deputy 34 of 189 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING THE ACCEPTANCE OF AN AUGMENTATION TO THE CALIFORNIA LIBRARY LITERACY SERVICES GRANT IN THE AMOUNT OF $28,974 FOR THE NATIONAL CITY LIBRARY'S LITERACY PROGRAM FOR FISCAL YEAR 2018-19, INCREASING THE TOTAL GRANT AMOUNT FROM $18,000 TO $46,974; AND AUTHORIZING THE ESTABLISHMENT OF A LIBRARY GRANTS FUND APPROPRIATION AND A CORRESPONDING REVENUE BUDGET WHEREAS, in August 2018, the Library was awarded a California Library Literacy Services (CLLS) grant for the baseline amount of $18,000 to fund the Library's Fiscal Year 2019 Literacy Program; and WHEREAS, the California State Library has augmented the original grant by $28,974; and WHEREAS, the $28,974 augmentation to the grant is based on a formula that takes into account the per capita amount per adult learner served in Fiscal Year 2018, and a match of local funds earmarked for adult literacy services established by a Community Development Block Grant in the amount of $52,000, which the City Council awarded to the Library for Fiscal Year 2019 by Resolution No. 2018-68 on May 1, 2018; and WHEREAS, the augmentation of $28,974, brings the total amount of the CLLS Grant awarded to the National City Library for its Literacy Program to $46,974. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies the acceptance of a $28,974 augmentation to the California Library Literacy Services grant for Fiscal Year 2019 for the National City Library's Literacy Program, increasing the total grant amount from $18,000 to $46,974. BE IT FURTHER RESOLVED that the City Council authorizes an additional Library Grants Fund appropriation and a corresponding revenue budget in the amount of $28,974. PASSED and ADOPTED this 19th day of February, 2019. Alejandra Sotelo -Solis, Mayor ATTEST: APPROVED AS TO FORM; Michael R. Dalla, City Clerk Angil P. Morris -Jones City Attorney 35 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 36 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control (DTSC) for an amount not to exceed $76,934 to provide oversight for environmental remediation of the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park project site. (Engineering/Public Works) Please scroll down to view the backup material. 36 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control (DTSC) for an amount not to exceed $76,934 to provide oversight for environmental remediation of the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park project site. PREPARED BY: Roberto Yano — Deputy City Engineer. DEPARTMENT: Public orks ngineeri PHONE: 619-336-4383; APPROVED BY: EXPLANATION: IThe Department of Toxic Substances Control (DTSC) is a qualified State environmental regulator that has been working with the City of National City and former redevelopment agency to provide oversight for environmental remediation planning and implementation services for the Westside Transit -Oriented Development (WI-TOD) / Paradise Creek Park project. The previous agreement with DISC expired on August 31, 2018. With the project currently in construction, additional funds are needed to allow DTSC to continue to provide technical assistance and environmental oversight of remediation efforts. Therefore, staff requests that City Council authorize the City Manager to execute a new agreement with DTSC in a not to exceed amount of $76,934. The term of the agreement is through August 31, 2020. Funding is available through the Recognized Obligation Payment Schedule (ROPS) for fiscal years 2019 and 2020. FINANCIAL STATEMENT: APPROVED: %/'j/4,/� Finance ACCOUNT NO. 711-409-000-213-000 APPROVED: MIS ROPS funding of $72,150 is authorized for FY 2019. The remaining $4,784 is included in the FY 2020 ROPS. ENVIRONMENTAL REVIEW: [The Agreement is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the City Manager to execute Standard Agreement No. 18-T4572 with DTSC to provide oversight for environmental remediation of the Paradise Creek Park Project site. BOARD / COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: 1. Standard Agreement No. 18-T4572 2. Resolution 0 Jared Blumenfeld Secretary for Environmental Protection February 5, 2019 Department of Toxic Substances Control City of National City Leslie Deese, City Manager 1243 National City Boulevard National City, CA 91950 Meredith Williams, Ph.D. Acting Director 1001 "I" Street P.O. Box 806 Sacramento, California 95812-0806 Subject: Contract Number 18-T4572 Dear Leslie Deese.: Gavin Newsom Governor The Department of Toxic Substances Control appreciates the opportunity to work with your agency. Enclosed is the Reimbursement Contract Number 18-T4572, developed per your request for your approval and signature. Instructions and additional requirements are outlined below: Per the terms of the Contract, please submit two (2) original copies, signed in blue ink, of the Standard 213 face sheet only to: Darcy Christoffersen Department of Toxic Substances Control Contracts Unit P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 Per the terms of the Contract, please send your check in the amount of $38,467.00 for advance payment to: Ms. Mabel Tsing Department of Toxic Substances Control Accounting Section P.O. Box 806, 1001 I Street, Floor 21 Sacramento, CA 95812-0806 For program matters, please contact the Contract Manager whose name and phone number is listed in your original Contract. If you have any other questions, please contact me at (916) 323-0245. Sincerely, Darcy Chrlstoffersem Contracts Unit Enclosure(s) 38 of 189 CC: Michael Bobenko, DTSC Mustapha Guerbaz, DTSC Robert Yana, City of National City 39 of 189 STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 10/2018) AGREEMENT NUMBER 18-T4572 PURCHASING AUTHORITY NUMBER (II Applicable) 1. This Agreement is entered Into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME Department of Toxic Substances Control CONTRACTOR NAME City of National City 2. The term of this Agreement is: START DATE September 1, 2018 THROUGH END DATE August 31, 2020 3. The maximum amount of this Agreement is: $76,934.00 4. The parties agree to comply with the terms and conditions of the following exhibits, which are by this reference made a part of the Agreement. EXHIBITS TITLE PAGES Exhibit A Scope of Work 9 Exhibit B Budget Detail and Payment Provisions 3 Exhibit C * General Terms and Conditions 04/2017 Exhibit D Special Terms and Conditions 1 SITE: National City Public Work Yard-Parkside Items shown with an asterisk (*), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at www.dgs.ca.gov/ols/resources/standardcontractlanguage.aspx IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (If other than an Individual, state whether a corporation, partnership, etc.) City of National City CONTRACTOR BUSINESS ADDRESS 1243 National City Boulevard_ PRINTED NAME OF PERSON SIGNING Leslie Deese CITY National City STATE CA ZIP 91950 TITLE City Manager CONTRACTOR AUTHORIZED SIGNATURE DATE SIGNED Paci 40 of 189 AGREEMENT NUMBER , 18-T4572 PURCHASING AUTHORITY NUMBER (If Applicable) STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 10/2018) STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Toxic Substances Control CONTRACTING AGENCY ADDRESS 1001 I Street, P.O. Box 806 CITY Sacramento STATE CA ZIP 95812 PRINTED NAME OF PERSON SIGNING Jessica Heinz TITLE Procurement & Contracting Officer CONTRACTING AGENCY AUTHORIZED SIGNATURE DATE SIGNED CALIFORNIA DEPARTMENT OF F GENERAL SERVICES APPROVAL EXEMPTION (If Applicable) Exempt per DGS Exemption Letter 40.06 Paq 41 of 189 The City of National City Contract No. 18-T4572 Exhibit A - Page 1 of 9 EXHIBIT A 1. The City of National City (Applicant), agrees to reimburse the Department of Toxic Substances Control (DTSC) for costs incurred in providing review, consultation and/or processing, including the removal of the Lead impacted soil in National City Public Works Yard-Parkside (Site). The term of this Contract is through August 31, 2020 for an amount not to exceed $76,934.00. This Contract may be amended in writing upon mutual agreement. 2. The Applicant Representative during the term of this Contract will be: Applicant Representative/Billing Information Leslie Deese City Manager City of National City 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4255 Fax: (619) 336-4286 Email: Ideese a(�nationalcityca.gov The DTSC Project Manager and Applicant Project Manager for this Contract will be: DTSC Project Manager Mustapha Guerbaz Senior Hazardous Substance Engineer Department of Toxic Substances Control 5796 Corporates Avenue Cypress, CA 90630 Phone: (714) 484-5381 Fax: (714) 484-5438 Email: mustapha.querbazrc7i dtsc.ca.gov Applicant Project Manager Robert Yana Deputy City Engineer City of National City 1243 National City Boulevard National City, CA 91950 Phone: (619) 336-4255 Fax: (619) 336-4286 Email: ryano a(�nationalcityca.gov 3. The above Managers/Representatives may be changed at any time upon written notification to each party with a copy to DTSC's Contracts Unit. 42 of 189 z 0 U_ 0 U) 5- 0 z w ¢Q zW _< § WW 1— 0> wW Oo w 12 Z_ w d§ A O� ww O O 00 w� 0 CCQ cn Q ��,�\`� �� ` \\ \ \ \ \\ �\� ,\ `\\ \*\`4 \\\\ft \\ \\ \\'\\\\\ + \ \ \\ \ \\\\\\'\\ \\\ \, \\\: ��\ \\\\\ \\ \ \\ \ \ \`\ A k, \\ .\ \\\\\ \ \ \ \ ' \\ \\\\ ‘\\\\ \\4\\,' *, \\ \ \ \\ \ \ V\i\\\ \ vt,...!\\\\:\\!\k\\‘ \ \ \'\\ \ \\ \ \ \ V \\ \ \\ `,,\ \ `\ \u"'r', q‘‘\\.\ \\\. \\, The City of National City Contract No. 18-T4572 Exhibit A - Page 3 of 9 B. PROPERTY DESCRIPTION FOR EACHINCLUDED PROPERTY Property Name, - Location --.Site-Description Site History - National City Public Works Yard 2100 Hoover Avenue National City, California San Diego County Assessor's Parcel Numbers (APNs) 559 124 05, 560-396-06, and 560- 396-08. Owned by: City of National City The Site is the "Facility -side" property of the National City Public Works Yard, located in an area of National City that is known as the Westside Neighborhood. The Public Works Yard is made up of two separate areas, designated as the "Facility -side" and the "Park -side" properties. The Facility -side property consists of an approximate 4.6- acre vehicle and equipment maintenance facility that is located on the east side of Paradise Creek. The City has operated a public works yard at 2100 Hoover Avenue since 1973 when It acquired the property. Prior to the date of acquisition, the subject property was undeveloped. The City is planning to relocate its public works yard and redevelop the subject property to include residential homes. To assess whether chemicals of concern have been released to the environment as a result of historic land use practices, the City has completed multiple environmental studies including a Phase I Environmental Site Assessment (ESA) and Phase II Site investigation (SI), In consideration of the City's intended redevelopment plans, DTSC worked with the Agency to conduct additional investigations to determine steps needed to ensure a safe development. It was determined that soil in the Parkside project is impacted with Lead. The City, via a RAW, will remove the contaminated soil and replace it with a clean imported fill. Note: This table was prepared by M. Tasnif-Abbasi on 7/6/2011 44 of 189 C. REMEDIATION OVERSIGHT - City of National City REDEVELOPMENT PROJECT The scope of work under this Oversight Agreement may include, but not be limited to, the tasks described in this exhibit. Please note that the scope of work may be modified based on Agency and -Department discussions. - Task 1. Supplemental Removal Action Workplan (RAW) The National City Redevelopment Agency (Agency) submitted of a Supplemental Removal Action Workplan (Supplemental RAW) in June 2018, consistent with the attached Schedule, for review and approval by DTSC. This Supplemental RAW included the removal of the Lead impacted soil in Paradise Creek Park and the placement of a 2 to 3 feet of clean imported fill as a cover for the entire Site before construction of the park. Supplemental site investigation activities have concluded that the Park -Side of the project is impacted with concentrations of lead in the upper 3 to 6 feet. This soil horizon is characterized with undocumented fill soil that was imported on -site during the 1960s. The origin of the fill soil is unknown. Preliminary calculations estimate that as much as 25,000 tons of soil may be impacted with lead that would likely be handled as a California Hazardous Waste. In consideration of the volume of lead impacted soil as well as Its classification, it is estimated that approximately 1,100 trucks will be used to haul the impacted soil to an approved facility in Arizona over a period of approximately 80 to 100 working days. It is anticipated that the cap will consist of clean imported soil that will be tested for chemical constituents in accordance with DTSC Advisory for Clean Imported Fill Soil. The Supplemental RAW document addresses the following: (a) a description of the site, site history, site environmental setting, and contamination; (b) a summary of the risk evaluation conducted, (c) current and contemplated land uses of the Property or group of Properties; (d) zoning and general plan designation of the Property or group of Properties; (e) the goals to be achieved by the cleanup; (f) a summary description of the feasibility study conducted; (g) a description of the recommended alternative (including any required and/or suggested land use covenants, an operation and maintenance agreement and plan, financial assurance and other operation and maintenance requirements, as appropriate); (h) implementation and enforcement plan if operation and maintenance requirements are identified or if a land use covenant is necessary; 45 of 189 (I) • The City of National City Contract No. f 8-T4572 Exhibit A - Page 5 of 9 the name of the party, if not the Agency, who will be responsible for implementing and operating the final remedy, including any remedy requiring a startup operation period; and (j) an administrative record list. Within sixty (60) days of DTSC's written approval of the final Supplemental RAW, DTSC will acknowledge, in writing, that upon proper completion of the final RAW, the immunity provided by Health and Safety Code section 33459.3(b) shall apply to the Agency, TASK 2. California Environmental Quality Act (CEQA) DTSC and the Agency will discuss what CEQA documents are necessary and who shall prepare the necessary CEQA documents, as well as the appropriate Lead Agency and Responsible Agency under the CEQA process. DTSC and the Agency will work together to ensure that the proposed environmental document contains the information necessary for the Agency and DTSC to evaluate impacts from the proposed remediation. It is the goal of both DTSC and the Agency that the CEQA document be used by both entities in meeting their respective obligations under CEQA. If, however, for reasons specific to the Project, the processes cannot be efficiently combined, then DTSC will prepare its own CEQA document for the Supplemental RAW, If required, the Agency shall submit the information necessary for DTSC to prepare this document, TASK 3. Implementation of Final Supplemental RAW Subject to the provisions of Section 5 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to proceed with implementation of the Supplemental RAW with respect td any Property or group of Properties if it determines not to do so. The Agency will provide DTSC with written notice of the Agency's decision to either implement or not implement the Final Supplemental RAW. Upon DTSC approval of the Supplemental RAW, if the Supplemental RAW incorporates the schedule, and if the Agency decides to proceed with the removal action at a Property or group of Properties, the Agency will implement or will direct the implementation of the approved final Supplemental RAW, as applicable, in accordance with the approved schedule. At the completion of field work, the Agency (or such other party conducting the remediation or other response or removal actions with respect to a Property or group of Properties) will submit a final Implementation Report discussing the work completed and noting any deviations from the approved plan. Within 60 days of the date DTSC finds that the removal action has been properly completed in accordance with the Final Supplemental RAW, DTSC will notify the Agency, in writing, that the immunity provided by Health and Safety Code section 33459.3, subdivision (c) is in effect. This immunity extends to other such parties entitled to immunity pursuant to Health and Safety Code Section 33459.3(e). In the event that Operation and Maintenance is required, the Parties agree that the immunity provided by Health and Safety Code section 33459.3(e) shall be expressly conditioned upon the satisfactory 46 of 189 performance of all responsibilities pursuant to Task 11 of this Agreement. In the event that DISC finds that the remedy is not functioning properly and successfully, and performing as designed, or that the remedy will not attain the final performance standards or cleanup goals specified in the final Supplemental RAW, Cleanup Plan, DTSC will, as soon as administratively feasible, notify the Agency. TASK 4. Changes During Implementation of the Final Supplemental RAW If during implementation of the final Supplemental RAW, DTSC determines that additions, modifications or revisions to such document may be necessary to protect human health and safety or the environment or to implement the final Supplemental RAW, DTSC will, as soon as administratively feasible, notify the Agency and the parties will determine the appropriate revisions to such document; provided, however, and subject to the provisions of Sections 5 and 23 of the Standard Provisions concerning endangerment during implementation, nothing herein will require the Agency to continue to proceed with the implementation of the modified Supplemental RAW with respect to a Property or group of Properties if it determines not to do so. The Agency and DTSC shall identify contact personnel so that any necessary changes during implementation that may be required as a result of field conditions can be resolved, if possible, through telephone communications or on -site meetings in order to achieve "real-time" decision making and avoid construction delays. The accelerated approach set forth in the Supplemental RAW requires rapid decision making based on field data and analysis. TASK 5. Public Participation The Agency and DISC will conduct appropriate public participation activities given the nature of the community surrounding the Property or group of Properties and the level of community interest. The Agency will work cooperatively with DTSC to ensure that the affected and interested public and community are involved in the decision -making process applicable to the clean-up of the Property or group of Properties, taking into account the Agency's existing public participation capabilities and procedures. DTSC and the Agency will strive to integrate the public participation activities associated with the Supplemental RAW with the public participation activities associated with the development of the Properties or group of Properties to the maximum extent possible. A scoping meeting may be held to determine the appropriate activities that will be conducted to address public participation. If necessary, the Agency will then prepare a public participation plan for the Property or group of Properties that describes the proximity of homes and/or schools, day care facilities, churches, and similar uses; the current and proposed land uses within and adjacent to the Property or group of Properties; media interest; and involvement of community groups and elected officials. The plan shall also include a mailing list, identify appropriate information repositories, and specify the public participation activities that the Agency will undertake to provide opportunities for public involvement in site -related decisions. The Agency and DTSC will evaluate whether a fact sheet and public notices are necessary, as well as their content, distribution and circulation, and whether a public meeting is appropriate depending on the 47 of 189 The City of National City Contract No. 18-T4572 Exhibit A - Page 7 of 9 circumstances and the nature of the remedial or removal action, as well as any other public participation procedures. More specifically, the Agency shall collaborate with DTSC to consider undertake the following public participation activities to ensure active public participation in the Project: A. Assessment of Community Interest: The Parkside Creek Park (Project) is of high_ public interest to the community. Creation of additional affordable housing uses, and removal of blighting conditions are a key component of the Redevelopment Plan for this portion of National City. B. Participation of Other Stakeholders:. The Project was initiated by the Agency, relying on its authority under the Polanco Redevelopment Act and the Community Redevelopment Law of the Health and Safety Code. Ultimately, the Project will require approval at various levels of municipal government, and the Agency will, in furtherance of its statutory duties, conduct further Public Participation activities as described herein. C. Approval of Project Activities: Approval of Project activities has been and continues to be taken by the Agency's Board of Commissioners, a seven- member body created under provisions of the California Community Redevelopment Law. Agenda.s for meetings of the Commission are published in advance and actions are taken in public session. Most actions of the Agency are also reviewed and approved by the full City Council, and the Mayor. D. Assignment of Agency Community Affairs Specialist: Public outreach for activities to be undertaken under the approved PMP will be assigned a coordinator who will coordinate as necessary with DTSC and be responsible for liaison with appointed and elected citizen participation groups and dissemination of information to adjoining property owners, businesses, and tenants. The Agency will coordinate with DTSC on public relations activities as necessary. E. Preparation and Distribution of Fact Sheet: The Agency shall prepare a Fact Sheet on the environmental conditions found at the site, and the cleanup activities proposed to be undertaken under the Supplemental RAW, for presentation to and approval by DTSC. This fact sheet will identify Agency and DTSC contact persons who can provide additional information on the cleanup activities proposed and will identify how interested parties can provide public comment on the proposed cleanup activities. The Fact Sheet will be distributed to the contacts listed in Section F, Task 11 of this Agreement. F. Document Depository: The Agency shall establish and maintain a public depository of the Supplemental RAW and .its supporting implementation plans for review by the public and shall include notice of the availability of the 48 of 189 depository in the Fact Sheet and any public notices on cleanup plan activities. Project documents will also be maintained on the Agency's web site. G. Notices of Proiect Activities: The Agency shall provide notices of Project activities at key points in the implementation of the Supplemental RAW and its associated redevelopment project: 1. Thirty -days prior to start of physical activities at the site (additional environment investigation and cleanup activities as set forth in the Supplemental RAW) 2. During cleanup activities, if material changes in scope or duration occur after the original notices. 3. Upon completion of work and issuance of the DISC Certificate of Completion or No Further Action Letter. Information notices will be distributed as follows: 1. The Project Area Citizen Advisory Committee. The CAC for the Project Area is the official advisory body for redevelopment activities. it consists of appointed community residents and business representatives. 2. Neighborhood Council, as needed 3. List of persons wishing to be kept informed. The Agency maintains an official mailing list of persons expressing interest in being kept informed of Agencyactivities and will mail or email the notices of Project activities to each person on the list. 4. Owners, businesses, and tenants within 500 feet of the Project site. The Agency will mail notices to all owners of record and will hand -deliver notices to each business and tenant, with 500 feet of the Project site. 5. Signage. Prior to the start of any investigation or cleanup activity, The Agency shall place a sign on the Project site, noticing the activity and providing contact information: H. Additional Project Meetings as Needed. Depending on community reaction and comment to the Project activities listed above, additional meetings may be convened to provide opportunities for additional input into the cleanup activities proposed for the Project. TASK 6. Land Use Covenant If required pursuant to California Code of Regulations, title 22, section 67391.1, the Parties agree that the final Supplemental RAW will contain a requirement for a land use covenant imposing appropriate limitations on land use when hazardous substances, hazardous materials, hazardous constituents or hazardous wastes will remain at the Property or group of Properties at levels that are determined by DTSC as not suitable for unrestricted use of the land. if DTSC determines a land 49 of 189 The City of National City Contract No. 18-T4572 Exhibit A - Page 9 of 9 use covenant is necessary, the Agency agrees to sign and record a land use covenant approved by DTSC, or if the Agency is not the Property Owner, the Agency will arrange for the Property Owner to sign and record the land use covenant approved by DTSC. The land use covenant must be recorded in the County where the land is located prior to DTSC's determination that a remedial or removal action has been properly completed in accordance with the final Remedial Action Plan or Cleanup Plan for a Property or group of Properties. TASK 7.Operation arid Maintenance (O&M) The Agency will comply with, or arrange for compliance with, all operation and maintenance (O&M) requirements or other institutional control measures, in accordance with the final Supplemental RAW. The Agency shall designate in the final Supplemental RAW_the_parties that will enter- into an O&M Agreement, or otherwise be responsible for compliance with all O&M requirements, prior to certification of the Property or group of Properties. Compliance with any applicable O&M Agreement, and any land use covenant or other institutional control measures, must be included as a requirement for any new owner/lessee in a purchase and sale agreement for the Property or group .of Properties. Any party that is responsible for O&M shall notify DTSC of any transfer of operation and maintenance responsibilities at least 30 days prior to such transfer. DTSC may, at its discretion, require the transferee to enter into a new O&M Agreement. 50 of 189 51 of 189 The City of National City Contract No. 18-T4572 Exhibit B - Page 1 of 3 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS A. Applicant agrees to reimburse DTSC for all costs incurred by DISC pursuant to this Contract. The Cost Estimate is attached and incorporated by this reference and is included as the Budget for this Contract. DTSC's Cost Estimate shall include all of its costs, both direct and indirect. The hourly rates utilized. in the development of any cost estimate shall reflect DTSC's current hourly rates. These hourly rates are adjusted each Fiscal Year to allow DISC to recover its costs. Applicant is responsible for any increases in the direct and indirect rates and agrees to reimburse DTSC for these cost increases. B. Applicant agrees to pay to DTSC an advance payment based upon DTSC's estimate of the costs it may incur in performing its duties under this Contract. The advance payment amount is equal to: (1) if the term of the Contract is six months or more, then DTSC's estimated costs of services for six months, or (2) if the term of the Contract Is less than six months, then for the entire amount of the Contract. C. The total amount of this Contract is $76,934.00. Applicant shall pay the advance payment in the amount of $38,467.00 within 30 calendar days of the Effective Date of this Contract. Applicant shall submit all payments to: Attention: Ms. Mabel Zhan Department of Toxic Substances Control Accounting 1001 I Street, 21st Floor P.O. Box 806 Sacramento, California 95812-0806 D. All payments to DTSC shall indicate Contract Number 18-T4572 and Project Number 401294-11. Copies of checks and letters transmitting such checks shall be sent simultaneously to DTSC's Project Manager. E. In the event the advance p-aymentis-lessthan 100%a -of_the_Cost-Estimate,-it-shall-.be_retained in the Applicant's Account. DTSC shall bill the Applicant with quarterly invoices which contain an accounting and supporting documentation of all expenditures during the previous quarter. Once work is completed, final invoices will be provided to Applicant as soon possible, generally within 60 calendar days of the close of the quarterly billing cycle following completion of the work. Applicant shall remit the total amount due within 30 calendar days of • the date of the quarterly invoice. DTSC shall hold the advance payment until the Contract is completed or terminated. Any remaining charges shall then be applied against the advance, and any unused advance payment will be refunded within 120 calendar days of the completion of the project. F. If Applicant cancels the Contract, then Applicant agrees to pay DTSC a minimum fee of $1,000.00 out of the advance, regardless of the amount of work or services performed by DTSC under the terms of the Contract. If DTSC incurs more than $1,000.00 in costs, then 52 of 189 The City of National City Contract No. 18-T4572 Exhibit B - Page 2 of 3 Applicant will be responsible for the actual direct and indirect costs incurred or encumbered by DTSC, from the Contract starting term date up to the date "notice of cancellation" is received by DTSC, without any additional fee. C. The amount advanced by Applicant may be modified by mutual contract in writing should the services provided by DTSC exceed its original estimated costs. Upon execution of an Amendment to the Scope of Work that increases the original cost, Applicant agrees to pay any additional advance payment to DTSC for such newly agreed upon work. H. Any dispute concerning DTSC's costs incurred pursuant to this Contract is subject to the dispute resolution procedures established pursuant to Health and Safety Code section 25269.2. DTSC reserves its right to recover unpaid costs under applicable State and Federal laws. 53 of 189 The City of National City Contract No. 18-T4572 Exhibit B - Page 3 of 3 Cost Estimate: COST ESTIMATE WORKSHEET Type of Agreement: Consultative Reimbursement Agreement Date: 01 /31 /2019 Site Name: National City Public Works Yard-ParkSide Site Code: 401294-11 DTSCProjectTeam VCP Coord. Project Management Supervision Toxicology Geology Industrial Hygienist HQ Engineering Public Participation HQCEQA Legal Project Assistants Classification (personnel) Sr. ES HSE Sr. ES (Sup) Staff Toxicologist Senior Engineering Geologist Sr. HSE PPS Environmental Planner Associate Program Analyst Office Technician (Typing) TASK: (enter#hrs) Agreement Prep./Negotiation 4 1 4 Project Management 60 Tribal Outreach Supplemental Site Characterization - Workplan - Implementation - Report OPEA Consultation 4 Public Participation 16 CEQA Supplemental Removal Action Workplan 16 8 8 16 16 2 Implement Remeval Action 60 8 8 8 8 8 Meeting Project Managers 8 8 2 2 4 Certification 4 1 1 Land Use Covenant 16 2 8 1 Operation & Maint 4 2 Total No. Hours/Class 4 184 30 18 26 0 _ 24 12 4 8 4 4 Hourly Rate/Class $249 $224 $249 $223 $256 $0 $256 $146 $189 $0 $146 $88 Cost/Class $996 $41,216 $7,470 $4,014 $6,656 $0 $6,144 $1,752 $756 $0 $584 $352 Subtotal $69,940 Contingency (10%) $6,994 Grand Total Cost $76,934 Advance Payment $38,467 54 of 189 EXHIBIT D SPECIAL TERMS AND CONDITIONS 1. Contract Limits The City of National City Contract No. 18-T4572 Exhibit D. - Page 1 of 1 Other than as specified herein, no document or communication passing between the parties shall be deemed a part of this Contract. 2. Entire Contract This Contract supersedes all prior agreements, oral or written, made with respect to the services provided herein. 3. Effective Date This Contract shall not be considered effective until it is signed by both parties, and if necessary, approved by the Department of General Services. 4. Counterparts This Contract may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. Authorization Each signatory to this Contract certifies that he or she is fully authorized by the Party he or she represents to enter into the terms and conditions of this Contract, to execute it on behalf of the party represented, and to legally bind that party to all the terms and conditions of this Contract. 55 of 189 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE STANDARD AGREEMENT NO. 18-T4572 WITH THE CALIFORNIA DEPARTMENT OF TOXIC SUBSTANCES CONTROL FOR AN AMOUNT NOT TO EXCEED $76,934 TO PROVIDE OVERSIGHT OF ENVIRONMENTAL REMEDIATION OF THE WESTSIDE TRANSIT -ORIENTED DEVELOPMENT (WI-TOD)IPARADISE CREEK PARK PROJECT SITE THROUGH AUGUST 31, 2020 WHEREAS, the Department of Toxic Substances Control (DTSC) is a qualified State environmental regulator that has been working with the City of National City and former redevelopment agency to provide oversight for environmental remediation planning and implementation services for the Westside Transit -Oriented Development (WI-TOD)/Paradise Creek Park project (the "Project"); and WHEREAS, the previous Agreement with DTSC expired on August 31, 2018, necessitating a need for a new agreement; and WHEREAS, Standard Agreement No. 18-T4572 with DTSC, in a not to exceed amount of $76,934 and expiring on August 31, 2020, provides for technical assistance and environmental oversight of remediation efforts for the Project through August 31, 2020. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the City Manager to execute Standard Agreement No. 18-T4572 with the California Department of Toxic Substances Control for an amount not to exceed $76,934 to provide oversight of environmental remediation of the Westside Transit - Oriented Development (WI-TOD)/Paradise Creek Park project site through August 31, 2020. PASSED and ADOPTED this 19th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 56 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 57 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. S18 with the State of California Department of Transportation (Caltrans) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project to allow for reimbursement of up to $3,335,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $3,335,000 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 57 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. S18 with the State of California Department of Transportation (Caltrans) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project to allow for reimbursement of up to $3,335,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grants Fund appropriation of $3,335,000 and corresponding revenue budget, PREPARED BY: Jose Lopez, P.E., Associate Engineer DEPARTMENT: Eng r}gh-ing ublic Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: V ���,� ic At/t..I��—Finance MIS ATP Grant - $3,335,000 Revenue Account No. 296-06572-3463 Expenditure Account No. 296-409-500-598-6572 (Euclid Avenue Bicycle and Pedestrian Enhancements Matching funds in the amount of $625,000 are being met by prior appropriations to 001-409-500-598-6573 ($200,000), and 296-409-500-598-6572 ($425,000). ENVIRONMENTAL REVIEW: Categorical Exemption under CEQA Guidelines, Section 15304, Minor Alteration to Land, approved June 2, 2016. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. S18 with Caltrans for the Euclid Avenue Bicycle and Pedestrian Enhancements Project to allow for reimbursement of up to $3,335,000 in ATP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation W/Exhibit A 2. Program Supplement Agreement 3. Resolution 58 of 189 Explanation On November 22, 2016, the California Department of Transportation (Caltrans) awarded a $3,335,000 Active Transportation Program (ATP) grant for the Euclid Avenue Bicycle and Pedestrian Enhancements Project. The project will construct nearly two miles of traffic calming, bicycle and pedestrian enhancements on Euclid Avenue from the northern City limits at Cervantes Avenue south to E. 24th Street (see exhibit A). Project improvements include traffic calming through road diets, curb extensions, median refuge islands, Class II buffered bicycle lanes, Class 111 bicycle routes, Class IV bikeways with bend -outs, high visibility crosswalks, pedestrian actuated LED - enhanced crosswalk signs, two High -Intensity Activated crosswalks (HAWKs) located near Paradise Valley Hospital, and a new traffic signal at the entrance to Euclid Plaza (Valiarta Supermarket) and Windsor Heights Apartments. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. S18 to Administering Agency -State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the State ATP grant. 59 of 189 Euclid Avenue Pedestrian and P"»" Enhancements LEGEND PROPOSED BIKE CORRIDOR shall tBike Buffered Bicycle Lanes Class III - Bike Route Install Shorrows and Slgnage Class Iv - Bikeway Install two 6' Protected Bicycle Lanes Road Di& - Remove one or more vehicular travel 'ones YTraffic Signal HAWK Signal Refer to Bike Master Plan Connection to Regional Bicycle Network Cervontes Ave • etyckp -Ave City of Sorg Diego ,$(+STING BIKE CORRIDOR ®• ■ Class II - Bike Lone —_= Class III - Bike Route C MC -, r., e, m Future Class I, Io, or III Bikeway- • @ xn Future Pedestrian Path' REGIONAL = Future Class II or III Bikeway ' Future BRT Station - SBBRT (2030) • Bus Stop Note: Bicycle Loop Detectors to be instollec at all signalized intersections Tovon 4' 9mn nt• Oivlslon St. ATP Cycle 1 Protect ho La Road Diet Pro)ect, 4' e+on [Constfuctlan 2016/2017)j ' en ' El Toyon Park ) Continental Crosswalk Pedestrian Actuated LED Sign Pedestrian Refuge Iscno t o T Ei 7s y,..,. :, .P W'Itu ['l • � '3 R�ri, . i H g U Avenue an e • • 0 CO Harbison Harbison Avenue r�3llarta 7 •Class II Bike Lone rT 4th Street, National C of a Bend -Our 1-4WK Pedestrian Crossing_ , Project Improvement Mac. Class 'i Zille Fla,ute Ain S'reef Plaricra: City 2 Benc-Cuss t7 -^moo m Conttnentcl Crosswalk Pedestrian Actuated LED Sign Pedestrian Refuae Island --�r 1I rlr ref II Grove Street : Existing Podoth-Ian—.� ' I =-h 6-. Ali C Fr.iet f tlRolm. Rolm • J c-lo n 221 6/20' 71 :'I Barrnentory ... -------------_.I,1 School EtouctiA Aver Ato Q►1d° c & 014114. Pa.tiyf'ri,414%, Untaln Atrns St;hool Pedestrian Actuated LED Sign National City Blvd, National CI • • r. Ci l_9n 1t`r ct. San Diego NaMwn1 ai, NATiorimacirY V iialHX3 60 of 189 PROGRAM SUPPLEMENT NO. S18 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 000138 Adv Project ID Date: December 26, 2018 1118000066 Location: 11-SD-0-NATC • Project Number: ATPL-5066(036) E.A. Number: Locode: 5066 This Program Supplement, effective 12/05/2018, hereby adopts and 'incorporates into the Administering Agency -State Agreement No. 00013S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/02/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LOCATION: The project will construct nearly two miles of traffic calming, road diet, bicycle, and pedestrian enhancements of Euclid Avenue in National TYPE OF WORK: Bicycle.and pedestrian enhancements Estimated Cost State Funds STATE $3,960,000.00 $3, 335, 000.00 Matching Funds LOCAL $200,000.00 OTHER $425,000.00 CITY OF NATIONAL CITY By Title Date Attest ALEJAND A SUTELU-SOLIS MAYOR MICHAEL DALLA, CITY CLERK STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer , Date / .71 ? $3.335,000.00 Program Supplement 00-013S-S18- SERIAL Page 1 of 5 61 of 189 STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PROGRAM SUPPLEMENT AND CERTIFICATION FORM PSCF (REV. 01/2010) Page _1 _ of _1 _ TO: STATE CONTROLLER'S OFFICE Claims Audits 3301 "C" Street, Rm 404 Sacramento, CA 95816 DATE PREPARED: 12/26/2018 PROJECT NUMBER: 1118000066 REQUISITION NUMBER / CONTRACT NUMBER: RQS - 2660 -111900000192 - 1 FROM: Department of Transportation SUBJECT: Encumbrance Document VENDOR/LOCAL AGENCY: CITY OF NATIONAL CITY $3,335,000.00 PROCUREMENT TYPE: Local Assistance CHAPTER 14 STATUTES 2017 ITEM 2660-108-3290 YEAR 2017-2018 PEC / PECT 20.30.720.100 TASK / SUBTASK 2620 / 0000 AMOUNT $3,335,000.00 TOTAL CONTRACT AMOUNT $3,335,000.00 ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For information, call (915) 654-6410 of TDD (916) -3880 or write • Records and Forms Management, 1120 N. Street, MS-89, Sacramento, CA 95814, 62 of 189 11-SA-0-NATC ATPL-5066(036) 12/26/2018 SPECIAL COVENANTS OR REMARKS Chapter Statutes Item Year Program BC Category Fund Source AMOUNT, Program Supplement 00-013S-S18- SERIAL Page 2 of 5 63 of 189 1'1-SD-0-NATC ATPL-5066(036) 12/26/2018 SPECIAL COVENANTS OR REMARKS A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may . be, provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE - approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers. between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 00-013S-S18- SERIAL Page 3 of 5 64 of 189 11-SD-0-NATC ATPL-5066(036) 12/26/2018 SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after.project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. 1. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cpst Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and. Investigations,requirements which may be accessed at: www.dot.ca.gov/hq/audits/. ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the allowability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third - party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. Program Supplement 00-013S-S18- SERIAL Page 4 of 5 65 of 189 11-S D-O-NATC ATPL-5066(036) 12/26/2018 SPECIAL COVENANTS OR REMARKS J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. Program Supplement 00-013S-S18- SERIAL Page 5 of 5 66 of 189 DEPARTMENT OF TRANSPORTATION DIVISION OF ACCOUNTING LOCAL PROGRAM ACCOUNTING BRANCH Attention: City of National City FINANCE LETTER Date: 12131/2018 D_CO RT: 11-S D-O-N ATC Project No: ATPL-5066(036) Adv Project Id: 1118000066 Agreement End Date: FINANCE ITEMS PRO RATA OR LUMP SUM TOTAL COST OF WORK PART. COST STATE LOCAL OTHER (NON - PART.) Enviromental Studies & Permits Lump Sum $50,000.00 $C.0C $0.00 $0.0C $50,000.00 Plans, Specifications & Estimates Lump Sum $450,000.00 $150,000.00 $0.00 $150,000.00 $300,000.00 Right of Way Lump Sum $75.000.0d $0.0C $0.00 $0.0C $75,000.00 Construction Lump Sum $3,385.000.QC $3,385,000.0C $3,335,000.00 $50,000.00 $0.00 Totals: $3,960,000.00 $3,535,000.01 S3,335,000.00 $200,000.00 $425,000.00 Participation Ratio: 89.27% Signature: EA No: This Finance Letter was created based on specific financial information provided by the responsible local agency. The following encumbrance history is par by Loyal Assistance AA, ounting Office and is provided here for local agency's information and action. Title: HQ Sr Area Engineer Remarks: Allocation Request for Con ($3,335,000) State funds, Dec 2018. NAA For questions regarding finance letter, contact Printed Name : Nahed Abdin Telephone No: 916-653-7928 ADV. PROJECT ID APPROP. UNIT STATE PROG. FED/STATE ACCOUNTING INFORMATION ENCUMBRANCE APPROP EXPENDITURE AMOUNT YEAR AMOUNT ATPL-5066(036) ENCUMBRANCE REVERSION BALANCE DATE Cooperative Work Agreement APPROVED EXPIRATION AMOUNT DATE 1118000086 I 18108 I 2030720100 I I 83,335,000.00I 1718 $0.00 I $3,335,000.00 1 06/30/23 Page 1 of 1 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO EXECUTE PROGRAM SUPPLEMENT AGREEMENT (PSA) NO. S18 WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION (CALTRANS) FOR THE EUCLID AVENUE BICYCLE AND PEDESTRIAN ENHANCEMENTS PROJECT TO ALLOW FOR REIMBURSEMENT OF UP TO $3,335,000 IN ELIGIBLE PROJECT EXPENDITURES THROUGH THE STATE ACTIVE TRANSPORTATION PROGRAM, AND AUTHORIZING THE ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION IN THE AMOUNT OF $3,335,000 AND CORRESPONDING REVENUE BUDGET WHEREAS, on November 22, 2016, the California Department of Transportation (Caltrans) awarded a $3,335,000 Active Transportation Program (ATP) grant for the Euclid Avenue Bicycle and Pedestrian Enhancements Project (the "Project"); and WHEREAS, the Project wi►l construct nearly two miles of traffic calming and bicycle and pedestrian enhancements on Euclid Avenue from the northern city limits at Cervantes Avenue, south to East 24th Street; and WHEREAS, project improvements include traffic calming through road diets, curb extensions, median refuge islands, Class II buffered bicycle lanes, Class III bicycle routes, Class IV bikeways with bend -outs, high visibility crosswalks, pedestrian actuated LED -enhanced crosswalk signs, two High -Intensity Activated crosswalks (HAWKs) located near Paradise Valley Hospital, and a new traffic signal at the entrance to Euclid Plaza (Vallarta Supermarket) and Windsor Heights Apartments; and WHEREAS, a City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. S18 to Administering Agency -State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the State ATP grant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves and authorizes the Mayor to execute Program Supplement Agreement (PSA) No. S18 with the State of California Department of Transportation (Caltrans) for the Euclid Avenue Bicycle and Pedestrian Enhancements Project to allow for reimbursement of up to $3,335,000 in eligible project expenditures through the State Active Transportation Program (ATP). BE IT FURTHER RESOLVED that the City Council authorizes the establishment of an Engineering Grants Fund appropriation in the amount of $3,335,000 and corresponding revenue budget. [Signature Page to Follow] 68 of 189 Resolution No. 2019 — Page Two PASSED and ADOPTED this 19th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Da1la, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 69 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 70 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) awarding a contract to Portillo Concrete, Inc. in the amount of $290,575 for the Harbison Avenue Road Diet Project, (CIP No. 18- 17); 2) authorizing a 15% contingency in the amount of $43,586.25 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 70 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Portillo Concrete, Inc. in the amount of $290,575 for the Harbison Avenue Road Diet Project, (CIP No. 18-17); 2) authorizing a 15% contingency in the amount of $43,586.25 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Jose Lopez, P.E., Associate Engineer PHONE: 619-336-4312 EXPLANATION: See attached. DEPARTMENT: E APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Contract Award (funds available through prior City Council CIP appropriations) $286,455: 109-409-500-598-6573 (Gas Tax — Transportation Improvements) $4,120: 001-409-500-598-7049 (General Fund — Storm Drain Improvements) 15% Contingency (funds available through prior City Council CIP appropriations) $43,586.25: 001-409-500-598-6573 (General Fund — Transportation Improvements) ENVIRONMENTAL REVIEW: Categorical Exemption under CEQA Guidelines ORDINANCE: INTRODUCTION: FINAL ADOPTION: rin /Public Works MIS STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Portillo Concrete, Inc. in the amount of $290,575 for the Harbison Avenue Road Diet Project, CIP No. 18-17. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/Exhibit A 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 71 of 189 EXPLANATION The Harbison Avenue- Road Diet Project, CIP No. 18-17, includes the following improvements on Harbison Avenue between Division Street and E. 4th Street (See Exhibit A): street resurfacing, traffic calming islands with enhanced signing and striping, Class III bike sharrows, and drainage improvements. On December 20, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On December 26, 2018 and January 2, 2019, the bid solicitation was advertised in local newspapers. On January 17, 2019, four (4) bids were received by the 1:00 p.m. deadline, opened and publicly disclosed. Bid results were posted on the City website. Portillo Concrete, Inc. was the apparent lowest bidder with a total bid amount of $290,575.00. Upon review of all documents submitted, Portillo Concrete, Inc.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Portillo Concrete, Inc. in the not -to - exceed amount of $290,575.00. Staff also recommends authorizing a 15% contingency in the amount of $43,586.25 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Also attached is the Owner -Contractor Agreement. Construction is estimated to be completed in summer of 2019. Updates will be provided on the City's CIP website at: nationalcityprojects.com. -1- 72 of 189 •14arbison Avenue Road Diet Harbison Avenue between Division Street and East 2nd Street Harbison Avenue between East 2nd Street and 4th Street 73 of 189 BID OPENING RESULTS NAME: HARBISON AVENUE ROAD DIET CIP NO: 18-17 DATE: Thursday, January 17, 2019 TIME: 1:00 P.M. ESTIMATE: $325,000 PROJECT ENGINEER: Roberto Yano, P.E. NO, BIDDER'S NAME BID AMOUNT I3ID SECURITY -BONB 1. Portillo Concrete, Inc. 3527 Citrus Street Lemon Grove, CA 91945 $290,575.00 Bond 2. Blue Pacific Engineering & Construction 7330 Opportunity Road, STE A San Diego, CA 92111 $359,990.00 Bond 3. A.M. Ortega, Inc. 10125 Channel Road Lakeside, CA 92040 $424,217.00 Bond 4, Crest Equipment, Inc. 161 Scottford Dr. El Cajon, CA 92021 $565,104.90 Bond 74 of 189 Bid Results for Project Harbison Avenue Road Diet (CIP No. 18-17) Item No. Description Unit Qty. Portillo Concrete, Inc Blue Pacific Engineering & Construction :.:.. A.M. Ortega <: Base Bid 1 Mobilization/Demobilization LS 1 $4,000.00 $4,000.00 $25,000.00 $25,000.00 $4,000.00 $4,000.00 2 Surveying and Construction Staking LS 1 $2,500.00 $2,500.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 3 Signing and Striping LS 1 $22,000.00 $22,000.00 $25,000.00 $25,000.00 $15,670.00 $15,670.00 4 Traffic Control and Pedestrian Control LS 1 $10,000.00 $10,000.00 $25,000.00 $25,000.00 $18,280.00 $18,280.00 5 Clearing and Grubbing LS 1 $6,000.00 $6,000.00 $15,000.00 $15,000.00 $14,750.00 $14,750.00 6 Water Pollution Control LS 1 $2,000.00 $2,000.00 $20,000.00 $20,000.00 $11,590.00 $11,590.00 7 and Construct Curb and Gutter per SDRSD G-2 (Match Existing Curb Height) LF 55 $50.00 $2,750.00 $55.00 $3,025.00 $189.00 $10,395.00 8 Construct 21' Curb Inlet Type B-1 per SDRSD D-02 LS 1 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $25,000.00 $25,000.00 9 Construct Stamped Concrete SF 320 $15.00 $4,800.00 $12.00 $3,840.00 $38.00 $12,160.00 10 Construct 3' Mountable Curb per Caltrans Standard Plans A87A LF 340 $25.00 $8,500.00 $35.00 $11,900.00 $127.00 $43,180.00 11 Construct Asphalt Concrete Pavement TON 20 $250.00 $5,000.00 $250.00 $5,000.00 $375.00 $7,500.00 12 Construct Class II Aggregate Base TON 30 $30.00 $900.00 $50.00 $1,500.00 $297.00 $8,910.00 13 Stress -Relieving Fabric SF 1230 $2.50 $3,075.00 $1.50 $1,845.00 $4.00 $4,920.00 14 Construct Asphalt Concrete (1.5" Mill and Overlay) SY 5440 $20.00 $108,800.00 $27.00 $146,880.00 $15.00 $81,600.00 15 Pavement Rehabilitation Dig-0ut LS 1 $40,000.00 $40,000.00 $5,000.00 $5,000.00 $84,937.00 $84,937.00 16 Pavement Rehabilitation Dig -Out (Remove Concrete Subgrade) CY 10 $400.00 $4,000.00 $400.00 $4,000.00 $300.00 $3,000.00 17 Lighting and Electrical LS 1 $43,000.00 $43,000.00 $30,000.00 $30,000.00 $50,000.00 $50,000.00 18 Unclassified Excavation LS 1 $2,000.00 $2,000.00 $2,000.00 $2,000.00 $11,200.00 $11,200.00 19 Removal, disposal and replacement of unsuitable material CY 25 $50.00 $1,250.00 $200.00 $5,000.00 $285.00 $7,125.00 Total $290,575.00 $359,990.00 $424,217.00 1 75 of 189 OWNER - CONTRACTOR AGREEMENT HARBISON AVENUE ROAD DIET This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Portillo Concrete, Inc. ("Contractor"), 3527 Citrus Street, Lemon Grove, CA 91945 on the 19th day of February, 2019, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 76 of 189 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. In the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 77 of 189 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial) 78 of 189 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Mayor, City of National City Contractor: Portillo C (Owner/C7fficer signature) Attest: Mario Portillo, President/CEO City Clerk, City of National City Print name and title (Seodnd officer signature if a corporation) Tina Portillo, SEC/CFO Print name and title 30442 Contractor's City Business License No. 680144 State Contractor's License No. and Class 3527 Citrus Street Business street address Lemon Grove, CA 91945 City, State and Zip Code 79 of 189 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 80 of 189 Bid Sheet Harbison Avenue Road Diet, CIP No. 18-17 Item Item DescriptionQuantity (S) indicates Specialty.ltem Unit Unit Price .Amount 1 Mobilization/Demobilization 1 LS $4,000.00 $4,000.00 $2,500.00 2 Surveying and Construction Staking 1 LS $2,500.00 3 Signing and Striping 1 LS $22,000.00 $22,000.00 4 Traffic Control and Pedestrian Control 1 LS $10,000.00 $10,000.00 5 Clearing and Grubbing 1 LS $6,000.00 $6,000.00 6 Water Pollution Control 1 LS $2,000.00 $2,000.00 7 Remove Existing Curb and Gutter and Construct Curb and Gutter per SDRSD G-2 (Match Existing Curb Height). 55 LF $50.00 $2,750.00 8 Construct 21' Curb Inlet Type B-1 per SDRSD D-02. 1 LS $20,000.00 $20,000.00 9 Construct Stamped Concrete 320 SF $15.00 4,800.00 10 Construct 3" Mountable Curb per Caltrans Standard Plans A87A 340 LF $25.00 $8,500.00 11 Construct Asphalt Concrete Pavement 20 TON $250,00 $5,000.00 12 Construct Class II Aggregate Base 30 TON $30.00 $900.00 13 Stress -Relieving Fabric 1,230 SF $2.50 $3,075.00 14 Construct Asphalt Concrete (1.5" Mill and Overlay) 5,440 SY $20.00 $108,800.00 $40,000.00 $4,000.00 15 Pavement Rehabilitation Dig -Out 1 LS $40,000.00 16 Pavement Rehabilitation Dig -Out (Remove Concrete Subgrade) 10 CY $400.00 17 Lighting and Electrical 1 LS $43,000.00 $43,000.00 18 Unclassified Excavation 1 LS $2,000.00 $2,000.00 19 Removal, disposal and replacement of unsuitable material 25 CY $50.00 $1,250.00 n u Ha b ® 3ah.:. " $290 575.00 81 of 189 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 82 of 189 CORPORATE CERTIFICATE I, Tina Portillo certify that lam the Secretary of the Corporation named as Contractor in the foregoing Contract; that Mario Portillo who signed said contract on behalf (Tithe Contractor, was then President/CEO of said Corporation; that said contract was duly signed. for and in behalf of said Corporation..by author.ity of its governing body .and Is within the scope of its corporate powers. certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate. Seal: Premium will be adjusted based on final contract price Bond No.: 024235958 PAYMENT BOND Premium: Included in Performance Bond WHEREAS, the City Council of the City of National City, by Resolution No. 2019- , on the 19th day of Februarv, 2019, has awarded to Portillo Concrete, Inc., hereinafter designated as the "Principal", the HARBISON AVENUE ROAD DIET, CIP No. 18-17 WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Ninety Thousand, Five Hundred Seventy Five ($290,575.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 84 of 189 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 6th day of February, 2019 The Ohio Casualty Insurance Company (SEAL) (SEAL) Cyndi Beilman, Attorney -in -Fact (SEAL) (SEAL) (SEAL) l v �& () o � a ; i�iu t -ZJ C .. EAL) Portillo C / ete, Inc 1 "1y✓ Surety Principal 85 of 189 • .STATE'• OF COUNTY OF ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY } On this day of , 2017, before me, the undersigned, .a Notary Public in and for said County and State, personally appeared k-nown to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged. to me thathe subscribed the name of said corporation thereto as Surety, and his own name as :attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged.; NOTE: Th:e Attorney -in -fact must attach a certified copy of the Powe:r of Attorney. Signature: ** See Attached Acknowledgement ** Nave (Type or'Printj.:: ...... (Notary Public in an:. d for said County and State) My Commission expires: ATTACH ALL BONDS'. 86 of 189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On February 6, 2019 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, DANA L. MICHAELIS Notary Public - California "ti m� San Diego County "� Commission # 2155476 My Comm. Expires Jun 27, 2020 Place Notary Seal Above z z who proved to me on the basis of satisfactory evidence to be the person(s) whose name(&) is/atlas subscribed to the within instrument and acknowledged to me that he/she/they( executed the same in his/her/their authorized capacity(iesi), and that by kis/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(&) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my ha ..and official spa'. Signaturece`() eLfGtzrv('` Signature of Notary Pubfie-Lana L. Michaelis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General Attorney in Fact El Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee El Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 87 of 189 Liberty Mutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197968-976090 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the 'Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cyndi Beilman, Dana Michaelis, Anne Wright all of the city of La Mesa state of California each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this I3th day of November , 2018 . By: Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company David M. Carey, Assistant Secretary State of PENNSYLVANIA ss County of MONTGOMERY On this 13th day of Novem ber , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Paster), Notary Public Lipper MerionTwo., Montgomery County My Commission Expires March 28,2021 Member, Pennsylvania Association of Notaries By: ereea PaeMla NotaryPublk eresa Pastella, Public This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV —OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6t11 day of February , 2019 . By: Renee C. Llewellyn, Assistant Secretary (u a) c U) 0 >. c m O _1— U W a> Q 00 Q� o V C 0 (0 ao coo of om v a)— > O 4)'l w00 wCO 00 U N— O r9 LMS-12873 LMIC OCIC WAIC Multi Co_062018 88 of 189 Issued in Triplicate PERFORMANCE BOND Premium will he adjusted based on final contract price Bond No.: 024235958 Premium: $3,766.00 WHEREAS, the City Council of the City of National City, by Resolution No. 2019- on the 19th day of February, 2019, has awarded to Portillo Concrete, Inc. hereinafter designated as the "Principal", the HARBISON AVENUE ROAD DIET, CIP No. 18-17 WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and The Ohio Casualty Insurance Company as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of Two Hundred Ninety Thousand, Five Hundred Seventy Five ($290,575.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the 89 of 189 work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the 6th day of February, 2019 , gam. The Ohio Casualty Insurance Company (SEAL) Portillo rete, In . (SEAL) (SEAL) / (SEAL) Cyndi Beihnan, Attorney -in -Fact (SEAL) t \G�; \O Vc:(VAO /? CQ5(C.G EAL) Principal Surety 90 of 189 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT Q.F SURETY STATE OF . } )ss COUNTY OF On this day of - , 2018, before me, the undersigned, a Notary Public: in and for .said County and State, personally appeared known to me to be the person. whose name is subscribed to the within instrument as the: attorney -in -fact of the , the :corporation named as Surety in said instrument,and acknowledged_ to me that hesubscribed the name of sanki. corporation thereto as S:urety,..and his own: name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged.,. NOTE: The -Attorney-in-fact must attach a certified copy of the Power of Attorney, Signature: ** See Attached Acknowledgement ** Name (Type or Print): Notary .Public In and fo:r:said County and State My Commission expires:,. _ 91 of 189 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA County of San Diego On February 6, 2019 Date before me, Dana L. Michaelis personally appeared Cyndi Beilman } Insert Name of Notary exactly as it appears on the official seal Name(s) of Signer(s) , Notary Public, DANA L. MICHAELIS Notary Public - California z San Diego County n Commission # 2155476 My Comm. Expires Jun 27, 2020 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/aria subscribed to the within instrument and acknowledged to me that he/she/they; executed the same in his/her/their authorized capacity(iee;), and that by Ws/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. Witness my hand and official,seal. Signature. /%1rL.0:4 Signature of Notary Public Dana L. Michaelis OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of the form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner El Limited ❑ General g Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER. Top of thumb here ❑ Individual ❑ Corporate Officer —Title(s): ❑ Partner ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer is Representing: RIGHT THUMBPRINT OF SIGNER Top of thumb here 92 of 189 Liberty Mutual SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate No: 8197968-976090 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Cyndi Beilman, Dana Michaelis, Anne Wright all of the city of La Mesa state of California each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attomey has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 13th day of November , 2018 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company By: David M. Carey, Assistant Secretary State of PENNSYLVANIA County of MONTGOMERY ss On this 13th day of November , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Teresa Pastelle, Notary Public Upper Marion Twp.. Montgomery County My Commission Expires March 28.2021 Member. Pennsylvania Association of Notaries By: e��a a�reia. Notary Public eresa Pastella, Public This Power of Attomey is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV — OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attomey of which the foregoing is a full, true and correct copy of the Power of Attomey executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 6th day of February , 2019 . By: Renee C. Llewellyn, Assistant Secretary co m rn U) c 0) a ca O _ U W aaE �Q. `00 � M Q � N 0 c0 O to O O) om a) _o > O O N CO M c CO 00 U t00 LMS-12873 LMIC OCIC WAIC Multi Ca 082018 93 of 189 PUKTI-1 AkC RE)Y CERTIFICATE OF LIABILITY INSURANCE -w------ 9P ID: V DATE(MMIDDfYYYY) 01 /29/2019 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(les) must have ADDITIONAL INSURED provisions or 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 619.937-0164 Rancho Mesa Insurance Services 250 Riverview Parkway #401 Santee, CA 92071 N21ACT Rancho Mesa Insurance PHONE 619-937-0164 FAX 619-937-0168 (Arc, No, Ext): {Arc, No): aiioRESS• INSURERS) AFFORDING COVERAGE NAIC ft INSURER A : National Fire Ins Co of Htfd 20478 INSURED Portlilo Concrete Inc. 3527 Citrus Street Lemon Grove, CA 91945 INSURER B: Transportation Insurance Co 20494 Continental Insurance Company INSURER c p Y 35289 INSURER D: Insurance Company of the West 27847 INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 4 REVISION NUMBE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN -IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TR TYPE OF INSURANCE tNsD SUER POLICY NUMBER rMM10CD,YVYY) IMM1Df1YYVEXY1 LIMITS A X COMMERCIAL GENERAL LIABILITY X X 6012668068 07/29/2018 07/29/2019 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR PREMISES (Ea RENTED $ 100,000 X BI/PD DED $5,000 MED EXP (Any one person) $ 15,000 PERSONAL &ADV INJURY $ 1,000,000 GEN'L AGGREGATE X LIMIT APPLIES 2E-F PER: LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 $ B AUTOMOBILE X I x LIABILITY ANY AUTO OWNED AUTOS ONLY AUTOS ONLY — X SCHEDULED AUTOS AEOJTNOS ONLY X X 6072436217 05/29/2018 05/2912019 COMBINED SINGLE LIMIT (Ea accident) $ 1,000 000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ (F'eaccrden� rAMAGE $ Comp/Coll Ded $ 1,000/1,000 C X UMBRELLA LMAB EXCESS LIAB X OCCUR CLAIMS -MADE 6012668071 07/29/2018 07129/2019 EACH OCCURRENCE $ 2,000,000 AGGREGATE $ 2,000,000 DED RETENTION $ $ D WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER)MEMTER EXCLUDED? ECUTIVE (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y+N NIA X WSD 500076510 10/21/2018 10/21/2019 X STATUTE ORH E.L. EACH ACCIDENT $ 1,000 000 E.L, DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is requi ed) RE: PROJECT NO. 18-17 - HARBISON AVENUE ROAD DIET CAPITAL IMPROVEMENT, NATIONAL CITY, CA . **SEE ATTACHED ADDITIONAL INSUREDS. (agp) CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY c/o RISK MANAGER ATTN: ENGINEERING DEPARTMENT 1243 NATIONAL CITY BLVD. INATIONAL CITY, CA 92050 ACORD 25 (2016/03) CITYNAI 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 ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 94 of 189 NOTEPAD: HOLDER CODE CITYNAI INSURED'S NAME Portillo Concrete Inc. PORTI-1 OP ID: VP PAGE 2 Date 01/29/2019 THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, CONTRACT EMPLOYEES AND VOLUNTEERS ARE INCLUDED AS ADDITIONAL INSURED PER FORM CG 2010 07/04 AND CG2037 07/04 ATTACHED. PRIMARY AND NON-CONTRIBUTORY WORDING APPLIES. AUTO ADDITIONAL INSURED APPLIES PER ENDORSEMENT ATTACHED 95 of 189 40020006860126680684760 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, CONTRACT EMPLOYEES AND VOLUNTEERS Location{s) Of Covered Operations Re: PROJECT NO. 18--17 - HARBISON AVENUE ROAD DIET CAPITAL IMPROVEMENT, NATIONAL CITY, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations, CG 20 10 (07-04) Page 1 of 2 Nat'l Fire Ins Co of Hartford Insured Name: PORTILLO CONCRETE INC. Policy Nc. 6o1266s 8 n orsement No: Effective Date: 01/29/2019 Copyright, ISO Properties, Inc., 2004 96 of 189 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Scheduled Person or Organization Endorsement A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. S. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: bodily injury or property damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 2010 (07-04) Page 2 of 2 Nat'l Fire Ins Co of Hartford Insured Name: poRTILLO CONCRETE INC. Policy Nc n tforsement O12668 Nos : Effective Date: 01/29/2019 Copyright, ISO Properties, Inc„ 2004 97 of 189 40020006860126680684761 PPIPIRMS 0 MESON CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) THE CITY OF NATIONAL CITY, ITS ELECTED OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONSULTANTS, CONTRACT EMPLOYEES AND VOLUNTEERS Location And Description Of Completed Operations Re: PROJECT NO, 18-17 - HARBISON AVENUE ROAD DIET CAPITAL IMPROVEMENT, NATIONAL CITY, CA Information required to complete this Schedule, if not shown above, will be shown in the Declarations. CG 20 37 (07-04) Page 1 of 2 Nat'l Fire Ins Co of Hartford Insured Name: PORTILLO CONCRETE INC. Policy NOEnaorrsement Na Effective Date: 01/29/2019 Copyright, ISO Properties, Inc., 2004 98 of 189 CNA CNA PARAMOUNT Additional Insured - Owners, Lessees or Contractors - Completed Operations Endorsement Section it -Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury or property damage caused, in whole or in part, by your work at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the products -completed operations hazard. CG 20 37 (07-04) Page 2 of 2 Nat'l Fire Ins Co of Hartford Insured Name: PORTILLO CONCRETE INC. Copyright, ISO Properties, Inc., 2004 Policy No. �07 266s S n orsement No: Effective Date: 01/29/2019 99 of 189 00020009960244308994219 MEM CNA CNA PARAMOUNT Blanket Additional insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. IL But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of" language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. IV, The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 VALLEY FORGE INSURANCE OF HARTFORD Insured Name: PORTILLO CONCRETE INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2018 100 of 189 CNA CNA PARAMOUNT Blanket Additional Insured e Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. Vll. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Page 2 of 2 VALLEY FORGE INSURANCE OF HARTFORD Insured Name: PORTILLO CONCRETE INC. Copyright CNA All Right Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2018 101 of 189 CNA Contractors' General Liability Extension Endorsement 25. WAIVER OF `SUBROGATION BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named Insured's ongoing operations; or 2. your work included in the products -completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction projectin the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap- up) insurance program by applicable state statute or regulation, If the endorsement EXCLUSION — CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above -referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named Insured's ongoing operations at the project, or during such operations of anyone acting on the Named Insured's behalf; nor 2. Bodily injury or property damage included within the products -completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amend to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named insured's involvement in that consolidated (wrap-up) insurance program. C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P.) or Contractor Controlled Insurance Program (C.C.I.P.). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: CNA74705XX (1-15) Page 16 of 17 Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2018 Insured Name: PORTILLO CONCRETE INC Copyright CNA All Rights Reserved, Includes copyrighted material of insurance Services Office, Inc., with its permission, 102 of 189 cNa► Contractors' General Liability Extension Endorsement This insurance does not apply to: Expected or intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. GENERAL AGGREGATE LIMITS OE iNSURANCE :;PER:PROJECT:i A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products -completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products -completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products - completed operations hazard will reduce the Products -Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured. 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: CNA74705XX (1-15) Page 8 of 17 Policy No: 6012668068 Endorsement No: Effective Date: 07/29/2018 Insured Name: PORTILLO CONCRETE INC Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. 103 of 189 POLICY #6072436217 CNA CNA63359XX (Ed 04/12) 40020006860128211688059 Nomi THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS EXTENDED COVERAGE ENDORSEMENT - BUSINESS AUTO PLUS - This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM 1. LIABILITY COVERAGE A. WIoIs.:An Insured The following is added to Section 11, Paragraph A.1., Who Is An Insured: 1. a. Any incorporated entity of which the Named Insured owns a majority of the voting stock on the date of inception of this Coverage Form; provided that, b. The insurance afforded by this provision A.1. does not apply to any such entity that is an "insured" under any other liability "policy" providing "auto" coverage. 2. Any organization you newly acquire or form, other than a limited liability company, partnership or joint venture, and over which you maintain majority ownership interest. The insurance afforded by this provision A.2.: a. Is effective on the acquisition or formation date, and is afforded only until the end of the policy period of this Coverage Form, or the next anniversary of its inception 1I. date, whichever is earlier. b. Does not apply to: (1) "Bodily injury" or "property damage" caused by an "accident" that occurred before you acquired or formed the organization; or (2) Any such organization that is an "insured" under any other liability "policy" providing "auto" coverage. 3. Any person or organization that you are required by a written contract to name as an additional insured is an "insured" but only with respect to their legal liability for acts or omissions of a person, who qualifies as an "insured" under Section II — Who Is An Insured and for whom Liability Coverage is afforded under this policy. If required by written contract, this insurance will be primary and non-contributory to insurance on which the additional insured is a Named Insured. 4. An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your business. "Policy," as used in this provision A. Who Is An Insured, includes those policies that were in force on the inception date of this Coverage Form but: 1, Which are no longer in force; or 2. Whose limits have been exhausted. Bail Bonds and Loss of Earnings Section II, Paragraphs A.2. (2) and A.2. (4) are revised as follows: 1. In a.(2), the limit for the cost of bail bonds is changed from $2,000 to $6,000; and 2. In a.(4), the limit for the loss of earnings is changed from $250 to $500 a day. C. Fellow Employee Section li, Paragraph B.5 does not apply. Such coverage as is afforded by this provision C. is excess over any other collectible insurance. PHYSICAL DAMAGE COVERAGE A. Glass Breakage — Hitting A Bird Or Animal — Falling Objects Or Missiles The following is added to Section III, Paragraph A.3.: With respect to any covered "auto," any deductible shown in the Declarations will not apply to glass breakage if such glass is repaired, in a manner acceptable to us, rather than replaced. B. Transportation Expenses Section III, Paragraph A.4.a. is revised, with respect to transportation expense incurred by you, to provide: a. $60 per day, in lieu of $20; subject to b. $1,800 maximum, in lieu of $600. C. Loss of Use Expenses Section III, Paragraph A.4.b. is revised, with respect to loss of use expenses incurred by you, to provide: a. $1,000 maximum, in lieu of $600. B. CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 1 of 3 104 of 189 CNA63359XX (Ed. 04/12) D. Hired "Autos" The following is added to Section III. Paragraph A.. 5. Hired "Autos" If Physical Damage coverage is provided under this policy, and such coverage does not extend to Hired Autos, then Physical Damage coverage is extended to: a. Any covered "auto" you lease, hire, rent or borrow without a driver; and b. Any covered "auto" hired or rented by your"employee" without a driver, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. The most we will pay for any one "accident" or "loss" is the actual cash value, cost of repair, cost of replacement or $76,000, whichever is less, minus a $500 deductible for each covered auto. No deductible applies to "loss" caused by fire or lightning. d. The physical damage coverage as is provided by this provision is equal to the physical damage coverage(s) provided on your owned "autos." e. Such physical damage coverage for hired "autos" will: (1) include loss of use, provided it is the consequence of an "accident" for which the Named insured is legally liable, and as a result of which a monetary loss is sustained by the leasing or rental concern. (2) Such coverage as is provided by this provision will be subject to a limit of $750 per "accident." E. Airbag Coverage The following is added to Section III, Paragraph B.3.: The accidental discharge of an airbag shall not be considered mechanical breakdown. F. Electronic Equipment Section Ill, Paragraphs B.4.c and B.4.d. are deleted and replaced by the following: c. Physical Damage Coverage on a covered "auto" also applies to "loss" to any permanently installed electronic equipment including its antennas and other accessories. d. A $100 per occurrence deductible applies to the coverage provided by this provision, G. Diminution In Value The following is added to Section III, Paragraph B.6.: Subject to the following, the "diminution in value" exclusion does not apply to: a. Any covered "auto" of the private passenger type you lease, hire, rent or borrow, without a driver for a period of 30 days or less, while performing duties related to the conduct of your business; and b. Any covered "auto" of the private passenger type hired or rented by your "employee" without a driver for a period of 30 days or less, under a contract in that individual "employee's" name, with your permission, while performing duties related to the conduct of your business. c. Such coverage as is provided by this provision is limited to a "diminution in value" loss arising directly out of accidental damage and not as a result of the failure to makerepairs; faulty or incomplete maintenance or repairs; or the installation of substandard parts. d. The most we will pay for "loss" to a covered "auto" in any one accident is the lesser of: (1) $5,000; or (2) 20% of the "auto's" actual cash value (ACV). Drive Other Car Coverage — Executive Officers The following is added to Sections II and III: 1. Any "auto" you don't own, hire or borrow is a covered "auto" for Liability Coverage while being used by, and for Physical Damage Coverage while in the care, custody or control of, any of your "executive officers," except: a. An "auto" owned by that "executive officer" or a member of that person's household; or b. An "auto" used by that "executive officer" while working in a business of selling, servicing, repairing or parking "autos." Such Liability and/or Physical Damage Coverage as is afforded by this provision. (1) Equal to the greatest of those coverages afforded any covered "auto"; and CNA63359XX Copyright, CNA Corporation, 2000. (Ed. 04/12) Includes copyrighted material of the Insurance Services Office used with its permission. Page 2 of 3 105 of 189 CNA63359XX (Ed. 04/12) 40020006860126211688060 (2) Excess over any other collectible insurance. 2. For purposes of this provision, "executive officer" means a person holding any of the officer positions created by your charter, constitution, by- laws or any other similar governing document, and, while a resident of the same household, includes that person's spouse, Such "executive officers" are "insureds" while using a covered "auto" described in this provision. IV. BUSINESS AUTO CONDITIONS A. Duties In The Event Of Accident, Claim, Suit Or Loss The following is added to Section IV, Paragraph A.2.a.: (4) Your "employees" may know of an "accident" or "loss." This will not mean that you have such knowledge, unless such "accident" or "loss" is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. The following is added to Section IV, Paragraph A.2.b.: (6) Your "employees" may know of documents received concerning a claim or "suit," This will not mean that you have such knowledge, unless receipt of such documents is known to you or if you are not an individual, to any of your executive officers or partners or your insurance manager. B. Transfer: Of;:Rights.`;;i3f Recovery:Against Others To Us; The following is added to Section IV, Paragraph A.5. Transfer Of Rights Of Recovery Against Others To Us: We waive any right of recovery we may have, because of payments we make for injury or V. damage, against any person or organization for whom or which you are required by written contract or agreement to obtain this waiver from us. This injury or damage must arise out of your activities under a contract with that person or organization. You must agree to that requirement prior to an "accident" or "loss." C. Concealment, Misrepresentation or Fraud The following is added to Section IV, Paragraph B.2.: Your failure to disclose all hazards existing on the date of inception of this Coverage Form shall not prejudice you with respect to the coverage afforded provided such failure or omission is not intentional. D. Other Insurance The following is added to Section IV, Paragraph B.5.: Regardless of the provisions of Paragraphs 5.a. and 5.d. above, the coverage provided by this policy shall be on a primary non-contributory basis. This provision is applicable only when required by a written contract. That written contract must have been entered into prior to "Accident" or "Loss." E. Policy Period, Coverage Territory Section IV, Paragraph B. 7.(5).(a). is revised to provide: a. 45 days of coverage in lieu of 30 days. DEFINITIONS Section V. Paragraph C. is deleted and replaced by the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish, mental injury or death resulting from any of these. CNA63359XX Copyright, CNA Corporation, 2000, (Ed. 04/12) includes copyrighted material of the Insurance Services Office used with its permission. Page 3 of 3 106 of 189 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 34 (Ed. 8-00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - BLANKET We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). The additional premium for this endorsement shall be 3 % of the total California Workers' Compensation premium otherwise due. Schedule Person or Organization Job Description ANY ALL CALIFORNIA PERSON/ORGANIZATION OPERATIONS WHEN REQUIRED BY WRITTEN CONTRACT This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effectivel0/21/2018 Policy No. WSD 5000765 10 Insured PORTILLO CONCRETE INC Insurance Company INSURANCE COMPANY OF THE WEST Countersigned By WC 99 06 34 (Ed. 8-00) Endorsement No. Premium $ INCL . INSURED 107 of 189 RESOLUTION NO. 2019 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO PORTILLO CONCRETE, INC., IN THE AMOUNT OF $290,575 FOR THE HARBISON AVENUE ROAD DIET PROJECT (CIP NO. 18-17), AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $43,586.25 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE SAID CONTRACT WHEREAS, the Harbison Avenue Road Diet Project (the "Project") located on Harbison Avenue, between Division Street and East 4th Street, includes, but is not limited to, street resurfacing, traffic calming islands with enhanced signing and striping, Class III bike sharrows, and drainage improvements; and WHEREAS, at the 1:00 p.m. deadline on January 17, 2019, four (4) bids for the Project were opened and publicly disclosed; and WHEREAS, Portillo Concrete, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $290,575.00. WHEREAS, a 15% contingency in the amount of $43,586.25 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the Harbison Avenue Road Diet Project to the lowest responsive, responsible bidder, to wit: PORTILLO CONCRETE, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the not to exceed amount of $290,575.00 with Portillo Concrete, Inc., for the Harbison Avenue Road Diet Project. BE IT FURTHER RESOLVED that the City Council authorizes a 15% contingency in the amount of $43,586.25 for any unforeseen changes. PASSED and ADOPTED this 19th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Della, City Clerk Angil P. Morris -Jones City Attorney 108 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 109 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — National Day of Prayer sponsored by First Christian Church of National City at Kimball Park Bowl on May 2, 2019 with no waiver of fees. (Neighborhood Services) Please scroll down to view the backup material. 109 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — National Day of Prayer sponsored by First Christian Church of National City at Kimball Park Bowl on May 2, 2019 with no waiver of fees. PREPARED BY: Dionisia Trejo DEPARTMENT: Neighborhood Services Department PHONE: (619) 336-4255 APPROVED BY: EXPLANATION: This is a request from First Christian Church of National City to conduct the National Day of Prayer at Kimball Park Bowl on May 2, 2019 from 6:30 p.m. to 7:30 p.m. Set up for the event will commence at 4:00 p.m. on the day of the event. This event will consist of various churches from National City which will gather to worship and pray. First Christian Church of National City will provide their own stage. Security will be provided by volunteers from local churches. Note: This event was approved by Council in 2018 with no waiver of fees. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS City fee of $272.00 for processing the TUP through various City departments, plus $123.96 for Public Works. Total Fees: $395.96 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 no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: !N/A ATTACHMENTS: ;Application for a Temporary Use Permit with recommended conditions of approval. 110 of 1891 Breakdown Ends Date `5 1`J I coo,oiiSito Type of Event City of National City a Neighborhood Services Department 1243 National City• Boulevard ■ National CityCA 91950 (619) 336-4364 a fax (619) 336-4217 www.nationalcityca.gov Special Event Application ❑ Fair/Festival ❑ Parade/March TUP ❑ Sporting Event Event flame & Location ❑ Walk or Run 0 Concert/Performance ❑ Other (specify) Event Title K) Q 4 to nc<i Da-1 K ra-ter Event Location (list all sites being requested) �y mica 1G Pc Iek Chow Event Times Set -Up Starts Date I-z 1 tc't Time Event Starts Date 5�? trt Time G•30yu, Event Ends Date 17.111 Time -i '• 3 o ? � Time ne ,Applicant information Applicant (Your name) 7i r,1 Day of Week �T �, u r s d u Lr Day of Week T u rut1 Day of Week 7 h P S a c\'.1 Day of Week—111Urs\ay Event Coordinator (if different from applicant) ` ci Mailing Address i %D O E 111 St. G(9 7251+ Day Phone uY"lr4- After Hours Phone RECEIVED JAN292019 N‘5. 9titaorhood Services Department City of National City sponsoring Organization l a $:t C L Y't 5 t, cA n C l U r c l star ddi-e U-'ays `' atiotrrc, a\ } ((. 747 2h 1 Matioleo\ City ti Cjq q)g150 6111 Cell a�lR-`2+I5' Fax Public Information Phone E-mail I tee o) +A eet, o.,k c,; i'y c w u rck. con.) Applicant agrees to Investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attomey'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 persans (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 TUP/epectal 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 arc subJocto chango. Signature of Applicant; 1 Date and 111 of 189 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. EeeS/Pit :ce dsiRepoth i§ Is your organization a "Tax Exempt, nonprofit" organization? Yes lEri No ❑ Are admission, entry, vendor or participant fees required? Yes D No [" If YES, please explain the purpose and provide amount (s): $ Estimated Gross Receipts including ticket, product and sponsorship sates from this event. Estimated Expenses for this event. What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? ©esctipttorttEveint ❑ First time event L Returning Event ❑ include site map with application Note ~that this description may be published in our City Public Special Events Calendar: i5 evevit is t U �e ctio wit, 10 a(- �ef lrctjer; etcus G!U" c.aes w € 0 L-L.}O s 1► t PCs 1 a l e a 5, 010,1 9rci\ r Lui Q t�it?� Estimated Attendance Anticipated # of Participants: Soo 2 Anticipated # of Spectators: 112 of 189 Traffic Control, Security, First Aid and Accessibility Requesting to close street(s) to vehicular traffic? Yes ❑ No List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No C_1 ❑ Requested "No Parking" on city streets and/or parking Tots (list streets/parking Tots) (provide map): ❑ Other (explain) Security and Crowd Control Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: V o U me a rS -frory., yowl cICIur'1es wa ovide -rowel co intro) cv Ivi\erha\ Secur'�`1. Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No 0/ If YES, name and address of Security Organization Security Director (Name): Phone: 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 $1 Million dollars per occurance/$2 Million dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds Evidence of insurance must be provided by the vendor or its insurer to the City's Risk Manager for review and approval prior to the event Is this a night event? Yes Q No ❑ if YES, phase state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Re cot) a Sti n5 ,1 I u 4ti 01n "TY o re, 3 113 of 189 First Aid Depending on the number of participants, your event may, require specific First Aid services. Li First aid station to be staffed by event staff? Yes 0 No First aid/CPR certified? Yes ❑ No lEr ❑ First aid station to be staffed by professional company. ► Company Accessibility Please describe your Accessibility Plan for access at your event by individuals with disabilities: 1+,.)‘;v ia�s t.u� d‘sabl (I es v>,na‘..‘ Gccess �-i..e eVent ty u si ny kilt_ +n? row of itv.e bow) to parti c pate . Elements of your Event Setting up a stage? Yes E? No ❑ ❑ Requesting City's PA system ❑ Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ Dimensions (20x28) Applicant providing own stage ► 20 ZS (Dimensions) Setting up canopies or tents? # of canopies size # of tents size IJ No canopies/tents being set up Setting up tables and chairs? Furnished by Appiicant or Contractor # of tables Er/No tables being set up 10 # of chairs ❑ No chairs being set up ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs 0 No chairs being set up Contractor Name Contractor Contact information Address 4 City/State Phone Number 114 of 189 Setting up other equipment? ❑ Sporting Equipment (,explain) 0/Other Other (explain) W i l l Set V D Gc P- S( Sttvv‘ ❑ Not setting up any equipment listed above at event ` Having amplified sound and/or music? Yes ❑ No ❑ 21/PA System for announcements 0 CD player or DJ music [Live Music <a 'Small 4-5 piece live band fs ❑ Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. i- Contractor Name &//i9 (Vovhie frorvw c ivrcllts) Address City/Statey/ Phone Number Using lighting equipment at your event? Yes ❑ NoT ❑ Bringing in own lighting equipment ❑ Using professional lighting company ► Company Name Address City/State Using electrical power? Yes L'/ No ❑ IJ Using on -site electricity For sound and/or lighting ❑ Bringing in generator(s) ❑ For sound and/or lighting or' Infor"mafo Phone Number E For food and/or refrigeration ❑ For food and/or refrigeration PLEASE NOTE You may be required to apply for a temporary health permit if food or beverages are sold of given away during your special event. Also see 'Permits and Compliance' on page 8 In the Special Eva a GUida. r or additior; oraltd lure Oil obtaining a temporary health permit, please contact the County of San Diego Environmental Health at (619) 338-2363. Having food and non-alcoholic beverages at your event? Yes ❑ NoE/ ❑ Vendors preparing food on -site ®m 6► 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: El GAS ❑ ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify): ❑ Vendors bringing pre -packaged food i> # ® Business License # ❑ Vendors bringing bottled, non-alcoholic beverages (Le., bottled water, can soda, etc.) ;► # ❑ Vendors selling food # Is Business License #(s) ❑ Vendors selling merchandise # Business License #(s) 5 115 of 189 ❑ Food/beverages to be handled by organization; no outside vendors D Vendors selling services # ► Business License #(s) O. Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes 0 No g PLEASE NOTE: In the event inflatable jumps are provided at the event, The City of National City requires commercial liability insurance with limits Wet least $1 Million dollars per Occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event, The application should be filed out at least one week prior to the event., There is a $25 fee to process the permit application. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580. ❑ Inflatable bouncer house # ❑ Inflatable bouncer slide # ❑ Other ❑ Rock climbing wall Height ❑ Arts & crafts (i.e., craft making, face painting, etc.) Having fireworks or aerial display? Yes 0 No L 0 Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE: In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition; the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event. Depending on the size and/or nature of the fireworks display, the City reserves the right to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Piro Department and the cost is $5Q2.00 Arranging for media coverage? Yes❑ No ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 116 of 189 Event Signage PLEASE NOTE For City sponsored or co -sponsored events, banners publicizing the event may be placed on the existing poles on the 1800 block and 3100 block of National City Boulevard The banners must be made to the City's specifications Please refer to the City's Special Event Guidebook and Fee Schedule for additional information Are you planning to have signage at your event? Yes E"No ❑ I/Yes, we will post signage # t Dimensions II- jr 30 ❑ Yes, having inflatable signage # ► (complete Inflatable Signage Request form) LI Yes, we will have banners # ❑ What will signs/banners say? ❑ How will signs/banners be anchored or mounted? Waste Management__ PLEASE NOTE One toilet for every 250 people is required, unless the applicant can show that there are sufficient facilities in the immediate area available to the public during the event Are you planning to provide portable restrooms at the event? Yes ❑ No l2 If yes, please identify the following: ► Total number of portable toilets: Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. ► Company Phone ' Load -in Day & Time ► Load -out Day & Time ❑ Portable toilets to be serviced. ► Time Set-up, Breakdown, Clean-up Setting up the day before the event? ❑ Yes, will set up the day before the event. Ej/No, set-up wi!! occur on the event day Requesting vehicle access onto the turf? ► # of set-up day(s) ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) _,( L'I No, vehicles will load/unload from nearby street or parking lot. 7 117 of 189 ❑ City to install litter fence ❑ Applicant to install litter fence g<IIA Breaking down set-up the day after the event? ❑/Yes, breakdown will be the day after the event. ► # of breakdown day(s) L✓I No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 118 of 189 cAI.8FORt4At ma I. Special Event Information Special Events Pre -Event Storm Water Compliance Checklist Name of Special Event: r `-' CttLPv,, k I.J Lt ki Event Address: 4,4 J Event Host/Coordinator: 7 i Cc f to I t•N of Pre-IA.4er Expected # of Attendees: 500 Phone Number: fall—�F'7--2Z5 ID lei ieitos- IL Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: Will enough recycling bins provided for the event? Provide number of recycle bins: dJ Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) f Do all storm drains have screens to temporarily protect trash and debris from entering? 7/ Are spill cleanup kits readily available at designated spots? * A Post -Event Storm Water Compliance Cbecklist will be completed by City Stab: 9 119 of 189 Address: S bO E l TF� 5t 419 - 518- S4-15 Telephone: Co i 4 - -'[g7- Z ,c i Date(s) of Use: J = r HOLD HARMLESS AGREEMENT 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 Ci Organization: t�l r C41t s`'t.c, y, Ck u r c. of j J t ono \ C i h Person in Charge of Activity: d d; . }� U e k-a s / 'I � y,,, CG?±c l 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 defer; ?, 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: >! e c Pc f ,r maw For Office Use Only Certificate of Insurance Approved Date: 10 Date 120 of 189 I. K xx Si lt ka ; rJ 11 121 of 189 ACCPREP CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 01l3112019 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 poilcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pa icy, 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 Church & Casualty Ins Agency Inc 3440 Irvine Ave Newport Beach CA 92660 CONTACT Jennifer Nguyen CISR NAME: PHONE (800) 995-7525 FAX (800) 995-7521 (A1C, No. Ext): LAIC, No): AE-MAIL DDRESS: ) ennifer ccia,com INSURER(S) AFFORDING COVERAGE NAIC ti INSURERA: Church Mutual Insurance Co 18767 INSURED FIRST CHRISTIAN CHURCH OF NATIONAL CITY 1800 E 17TH ST NATIONAL CITY CA 91950-5072 INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: CL1913186647 REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MMIDDIYYYY) POLICY EXP (MM!DD/YYYY) LIMITS A X COMMERCIAL GENERAL LABILITY Y 0099075-02-1676813 11/11/2018 11/11/2021 EACH OCCURRENCE $ 2,000,000 " CLAIMS -MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ 1,000,000 MED EXP (Any one person) $ 15,000 PERS0NAL&ADvINJURY $ 2,000,000 GEN'L X AGGREGATE POLICY OTHER: LIMITAPPLIES JEC PER: LOC GENERAL AGGREGATE $ 5,000,000 PRODUCTS -COMPIOPAGG $ 2.000,000 $ AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS NON -OWNED AUTOS ONLY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY {Pr aidnt) $ PROPERTY DAMAGE (Per accident) $ $ UMBRELLA L1AB EXCESS LIAB _ OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y1 N ■ N IA PER STATUTE OTH- ER E.L. EACH ACCIDENT $ E,L, DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Evidence of insurance for National City -National Day of Prayer located at Kimball Park Bowl, E 12th St 8,D Ave, National City, CA on May 2, 2019. The City of National City, its officials, agents, employees, and volunteers are named additional insured only with respect to the activities of the Named Insured on the above described premises. All activities/operations not specifically run/or conducted by the Named Insured are excluded. "Refer to attached A2014 Endorsement, **Refer to A267.1 Blanket Additional Insured Endorsement, ***REVISED 2/5/2019*** CERTIFICATE HOLDER CANCELLATION City of National City c/o Risk Management Dept. 1243 National City Blvd National City CA 91950-4397 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 ACORD 25 (2016/03) O 1988-2015ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 12 122 of 189 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION FOR SPECIFIC ACTIVITY This endorsement modifies insurance provided under the General Liability Coverage Part. The following is added to the General Liability Additional Provisions Form. Additional Insured Person(s) or Organization(s): Name: The City of National City, its officials, agents, employees, and volunteers Address: c/o Risk Management Dept. 1243 National City Blvd National City CA 91950-4397 City State Zip Activity: Evidence of insurance for National City -National Day of Prayer located at Kimball Park Bowl, E 12th St & D Ave, National City, CA Policy #0099075-02-167688 Date(s): May 2, 2019 A. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION FOR SPECIFIC ACTIVITY 1. Paragraph C., Who is An insured, is amended to include the person(s) or organization(s) shown above, but only with respect to "bodily injury," "property damage," " personal injury," and "advertising injury" liability, and only with respect to operations of the Named Insured that are directly related to the activity shown above during the dates shown above. 13 123 of 189 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: First Christian Church of National City EVENT: National Day of Prayer DATE OF EVENT: May 2, 2019 APPROVALS: DEVELOPMENT SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY COMMUNITY SERVICES NEIGHBORHOOD SERVICES YES [ x ] NO [ YES [x] NO [ ] YES [ x ] NO [ ] YES [x] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO [ ] YES [ x ] NO I ] YES [ x ] NO [ SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] SEE CONDITIONS [ x SEE CONDITIONS [ ] SEE CONDITIONS [ ] SEE CONDITIONS [ x SEE CONDITIONS [ x ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comments Planning 1. All activities shall comply with the limitations contained in Table 11I of NCMC Title 12 (Noise). 2. All speakers shall face away from residential properties. Engineering No comments CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement 14 124 of 189 NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. POLICE DEPARTMENT The Police Department has no stipulations. The on -duty patrol squad will provide extra patrol, calls for service permitting. FINANCE First Christian will need to renew the business license. They are tax exempt but need to pay the annual Fire Safety Inspection fee plus the $4.00 State fee (inspection fee is a new fee effective January 1st, 2019). FIRE (619) 336-4550 No Comments for this submittal. 15 125 of 189 RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request to for the issuance of a Temporary Use Permit. It is recommended that as a condition of the issuance of the permit that the following documents must be provided: • A valid copy of the Certificate of Liability Insurance. • That the insurance policy must have a combined single limit of no Tess than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000,00 (TWO MILLION DOLLARS) in aggregate 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". • That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. • The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 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. PUBLIC WORKS (619)366-4580 Facilities Division 3 hours x $20.00 = $60.00 for electrical use. No staff hours needed. Streets Division No involvement Parks Division One staff to mark irrigation valves (2 hours at regular time) $31.98 x 2 = $63.96 The organization is responsible for litter control Total $63.96 16 126 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 127 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended October 31, 2018. (Finance) Please scroll down to view the backup material. 127 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended October 31, 2018. PREPARED BY: R.ay. at4€40 DEPARTMENT: Finance� PHONE: 619-336-4346 APPROVED BY: `2'�/�r� Xe EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending October 31, 2018. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: L6%*' XG,L FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended October 31, 2018. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 128 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2018 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 10/02/2018 60934N807 2,812.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 2,812.50 0.00 2,812.50 0.00 Purchase 10/02/2018 60934N807 246.64 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 246.64 0.00 246.64 0.00 Purchase 10/05/2018 60934N807 450,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 450,000.00 0.00 450,000.00 0.00 Purchase 10/05/2018 60934N807 7,250.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 7,250.00 0.00 7,250.00 0.00 Purchase 10/13/2018 60934N807 3,750.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 3,750.00 0.00 3,750.00 0.00 Purchase 10/15/2018 60934N807 595,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 595,000.00 0.00 595,000.00 0.00 Purchase Purchase Purchase Purchase Purchase Purchase 10/15/2018 60934N807 10/15/2018 60934N807 10/15/2018 60934N807 280.25 Federated Investors Govt Oblig Fund Inst. 482.50 Federated Investors Govt Oblig Fund Inst. 582.08 Federated Investors Govt Oblig Fund Inst. 10/15/2018 60934N807 10/15/2018 60934N807 10/15/2018 60934N807 Purchase 9,797.98 Federated Investors Govt Oblig Fund Inst. 943.33 Federated Investors Govt Oblig Fund Inst. 34,017.03 Federated Investors Govt Oblig Fund 10/15/2018 60934N807 Inst. 1.000 1.66% 1.000 1.66% 1.000 1.66% 1.000 1.66% 1.000 1.66% 1.000 1.66% 280.25 482.50 582.08 0.00 0.00 280.25 482.50 0.00 0.00 0.00 9,797.98 943.33 34,017.03 0.00 0.00 0.00 29,133.78 Federated Investors Govt Oblig Fund Inst. Purchase 10/15/2018 60934N807 1.000 1.66% 29,133.78 0.00 582.08 9,797.98 943.33 34,017.03 29,133.78 0.00 0.00 0.00 0.00 0.00 19,609.81 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 19, 609.81 0.00 19, 609.81 0.00 Purchase 10/15/2018 90LAIF$00 116,643.89 Local Agency Investment Fund State Pool 1.000 2.09% 116,643.89 0.00 116, 643.89 0.00 Purchase 10/16/2018 62479MPK3 600,000.00 MUFG Bank Ltd/NY Discount CP 2.49% Due 2/19/2019 99.129 2.55% 594,771.00 0.00 594, 771.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 12/13/201E 129 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2018 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 10/16/2018 89233HQ15 600,000.00 Toyota Motor Credit Discount CP 2.46% Due 3/1/2019 99.071 2.52% 594,424.00 0.00 594,424.00 0.00 Purchase 10/18/2018 60934N807 11,585.77 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 11,585.77 0.00 11,585.77 0.00 Purchase 10/18/2018 60934N807 438.96 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 438.96 0.00 438.96 0.00 Purchase 10/19/2018 084664CG4 500,000.00 Berkshire Hathaway Note 1.7% Due 3/15/2019 99.659 2.55% 498,295.00 802.78 499,097.78 0.00 Purchase 10/19/2018 60934N807 2,221.88 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 2,221.88 0.00 2,221.88 0.00 Purchase 10/19/2018 60934N807 395,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 395,000.00 0.00 395,000.00 0.00 Purchase Purchase Purchase Purchase 10/20/2018 60934N807 10/22/2018 60934N807 10/30/2018 60934N807 10/31/2018 60934N807 3,162.50 Federated Investors Govt Oblig Fund Inst. 626.87 Federated Investors Govt Oblig Fund Inst. 3,437.50 Federated Investors Govt Oblig Fund Inst. 2,812.50 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 1.000 1.66% 3,162.50 626.87 0.00 0.00 3,162.50 626.87 1.000 1.66% 1.000 1.81% 3,437.50 0.00 2,812.50 0.00 3,437.50 2,812.50 0.00 0.00 0.00 0.00 Subtotal 3,389,835.77 3,377,325.77 802.78 3,378,128.55 0.00 Short Sale 10/19/2018 60934N807 -499,097.78 Federated Investors Govt Oblig Fund Inst. 1.000 -499,097.78 0.00 -499,097.78 0.00 Subtotal -499,097.78 -499,097.78 0.00-499,097.78 0.00 TOTAL ACQUISITIONS 2,890,737.99 2,878,227.99 802.78 2,879,030.77 0.00 DISPOSITIONS Closing Purchase 10/19/2018 60934N807 -499,097.78 Federated Investors Govt Oblig Fund Inst. 1.000 -499,097.78 0.00 -499,097.78 0.00 Subtotal -499,097.78 -499,097.78 0.00-499,097.78 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 12/13/201E 130 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2018 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Sale 10/16/2018 60934N807 594,771.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.66% 594,771.00 0.00 594,771.00 0.00 Sale 10/16/2018 60934N807 594,424.00 Federated Investors Govt Oblig Fund 1.000 1.66% 594,424.00 0.00 594,424.00 0.00 Inst. Sale 10/19/2018 60934N807 499,097.78 Federated Investors Govt Oblig Fund 1.000 1.66% 499,097.78 0.00 499,097.78 0.00 Inst. Subtotal 1,688,292.78 1,688,292.78 0.00 1,688,292.78 0.00 Paydown 10/15/2018 02582JHE3 0.00 American Express Credit 2017-3 A 100.000 0.00 280.25 280.25 0.00 1.77% Due 11/15/2022 Paydown 10/15/2018 02587AAJ3 0.00 American Express Credit 2017-1 100.000 0.00 482.50 482.50 0.00 1.93% Due 9/15/2022 Paydown 10/15/2018 161571HF4 0.00 Chase CHAIT 2016-A5 100.000 0.00 582.08 582.08 0.00 1.27% Due 7/15/2021 Paydown 10/15/2018 47788BAB0 9,695.23 John Deere Owner Trust 2017-B A2A 100.000 9,695.23 102.75 9,797.98 0.84 1.59% Due 4/15/2020 Paydown 10/15/2018 47788EAB4 0.00 John Deere Owner Trust 2018-B A2 100.000 0.00 943.33 943.33 0.00 2.83% Due 4/15/2021 Paydown 10/15/2018 65478GAB6 33,651.01 Nissan Auto Receivables Owner 2017-B 100.000 33,651.01 366.02 34,017.03 1.32 A2A 1.56% Due 5/15/2020 Paydown 10/15/2018 89237RAB4 28,735.66 Toyota Auto Receivable 2017-C A2A 100.000 28,735.66 398.12 29,133.78 0.27 1.58% Due 7/15/2020 Paydown 10/15/2018 89238BAB8 19,146.06 Toyota Auto Receivables Owner 2018-A 100.000 19,146.06 463.75 19,609.81 1.96 A2A 2.1% Due 10/15/2020 Paydown 10/18/2018 43814PAB6 11,483.09 Honda Auto Receivables Owner T 17-3 100.000 11,483.09 102.68 11,585.77 1.02 A2 1.57% Due 1/21/2020 Paydown 10/18/2018 43814UAG4 0.00 Honda Auto Receivables 2018-2 A3 100.000 0.00 438.96 438.96 0.00 3.01% Due 5/18/2022 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 12/13/201f 131 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2018 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 10/22/2018 43815HAC1 0.00 Honda Auto Receivables Owner 2018-3 100.000 A3 2.95% Due 8/22/2022 0.00 626.87 626.87 0.00 Subtotal 102,711.05 102,711.05 4,787.31 107,498.36 5.41 Maturity Maturity Maturity 10/05/2018 459058ER0 10/15/2018 62479MKF9 10/19/2018 3135G0E58 450,000.00 595,000.00 MUFG Bank Ltd/NY Discount CP 2.34% Due 10/15/2018 395,000.00 Intl. Bank Recon & Development Note 100.000 1% Due 10/5/2018 FNMA Note 1.125% Due 10/19/2018 99.207 100.000 450,000.00 590,281.65 395,000.00 0.00 4,718.35 0.00 450,000.00 333.00 595,000.00 0.00 395,000.00 -2,010.55 Subtotal 1,440,000.00 1,435,281.65 4,718.35 1,440,000.00 -1,677.55 Security Withdrawal Security Withdrawal 10/05/2018 60934N807 10/31/2018 90SDCP$00 2,162.57 Federated Investors Govt Oblig Fund Inst. 1.000 29,000.00 County of San Diego Pooled Investment 1.000 Pool 2,162.57 29,000.00 0.00 0.00 2,162.57 29,000.00 0.00 0.00 Subtotal 31,162.57 31,162.57 0.00 31,162.57 0.00 TOTAL DISPOSITIONS 2,763,068.62 2,758,350.27 9,505.66 2,767,855.93 -1,672.14 OTHER TRANSACTIONS Interest Interest Interest Interest Interest 10/02/2018 3137EADM8 10/05/2018 3135G0T78 450,000.00 FHLMC Note 1.25% Due 10/2/2019 10/05/2018 459058ER0 10/13/2018 3135G0U27 10/19/2018 3135G0E58 500,000.00 FNMA Note 2% Due 10/5/2022 450,000.00 Intl. Bank Recon & Development Note 1% Due 10/5/2018 300,000.00 FNMA Note 2.5% Due 4/13/2021 395,000.00 FNMA Note 1.125% Due 10/19/2018 0.000 2,812.50 0.000 0.000 0.000 0.000 5,000.00 2,250.00 3,750.00 2,221.88 0.00 0.00 0.00 0.00 0.00 2,812.50 5,000.00 2,250.00 3,750.00 2,221.88 0.00 0.00 0.00 0.00 0.00 Chandler Asset Management - CONFIDENTIAL Page 12 Execution Time: 12/13/201f 132 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of October 31, 2018 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 10/20/2018 3137EAEF2 460,000.00 FHLMC Note 1.375% Due 4/20/2020 0.000 3,162.50 0.00 3,162.50 0.00 Interest 10/31/2018 912828Q78 500,000.00 US Treasury Note 1.375% Due 4/30/2021 0.000 3,437.50 0.00 3,437.50 0.00 Interest 10/31/2018 912828ST8 450,000.00 US Treasury Note 1.25% Due 4/30/2019 0.000 2,812.50 0.00 2,812.50 0.00 Subtotal 3,505,000.00 25,446.88 0.00 25,446.88 0.00 Dividend 10/02/2018 60934N807 169,045.52 Federated Investors Govt Oblig Fund Inst. 0.000 246.64 0.00 246.64 0.00 Dividend 10/15/2018 90LAIF$00 2,074,095,542.84 Local Agency Investment Fund State Pool 0.000 116,643.89 0.00 116, 643.89 0.00 Subtotal 2,074,264,588.36 116,890.53 0.00 116,890.53 0.00 TOTAL OTHER TRANSACTIONS 2,077,769,588.36 142,337.41 0.00 142,337.41 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 12/13/201f 133 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 134 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended November 30, 2018. (Finance) Please scroll down to view the backup material. 134 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended November 30, 2018. PREPARED BY: R?*. at4€40DEPARTMENT: Finance a� �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 November 30, 2018. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `d'/'/ Q tea FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended November 30, 2018. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 135 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2018 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 11/01/2018 60934N807 3,128.13 Federated Investors Govt Oblig Fund Inst. 1.000 1.81% 3,128.13 0.00 3,128.13 0.00 Purchase 11/02/2018 60934N807 446.07 Federated Investors Govt Oblig Fund 1.000 1.81% 446.07 0.00 446.07 0.00 Inst. Purchase 11/03/2018 60934N807 3,545.00 Federated Investors Govt Oblig Fund 1.000 1.81% 3,545.00 0.00 3,545.00 0.00 Inst. Purchase 11/03/2018 60934N807 130,000.00 Federated Investors Govt Oblig Fund 1.000 1.81% 130,000.00 0.00 130,000.00 0.00 Inst. Purchase 11/06/2018 60934N807 4,200.00 Federated Investors Govt Oblig Fund 1.000 1.81% 4,200.00 0.00 4,200.00 0.00 Inst. Purchase 11/11/2018 60934N807 6,000.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.81% 6,000.00 0.00 6,000.00 0.00 Purchase 11/15/2018 60934N807 3,250.00 Federated Investors Govt Oblig Fund 1.000 1.81% 3,250.00 0.00 3,250.00 0.00 Inst. Purchase 11/15/2018 60934N807 280.25 Federated Investors Govt Oblig Fund 1.000 1.81% 280.25 0.00 280.25 0.00 Inst. Purchase 11/15/2018 60934N807 482.50 Federated Investors Govt Oblig Fund Inst. Purchase 11/15/2018 60934N807 582.08 Federated Investors Govt Oblig Fund Inst. Purchase 11/15/2018 60934N807 13,557.35 Federated Investors Govt Oblig Fund Inst. 1.000 1.81% 482.50 0.00 482.50 0.00 1.000 1.81% 582.08 0.00 582.08 0.00 1.000 1.81% 13,557.35 0.00 Purchase 11/15/2018 60934N807 943.33 Federated Investors Govt Oblig Fund Inst. 1.000 1.81% 943.33 0.00 13,557.35 0.00 943.33 0.00 Purchase 11/15/2018 60934N807 37,211.96 Federated Investors Govt Oblig Fund 1.000 1.81% 37,211.96 0.00 37,211.96 0.00 Inst. Purchase 11/15/2018 60934N807 31,989.89 Federated Investors Govt Oblig Fund 1.000 1.81% 31,989.89 0.00 31,989.89 0.00 Inst. Purchase 11/15/2018 60934N807 22,336.19 Federated Investors Govt Oblig Fund 1.000 1.81% 22,336.19 0.00 22,336.19 0.00 Inst. Purchase 11/17/2018 60934N807 5,625.00 Federated Investors Govt Oblig Fund 1.000 1.81% 5,625.00 0.00 5,625.00 Inst. 0.00 Chandler Asset Management - CONFIDENTIAL Page 9 Execution Time: 1/10/2019 136 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2018 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 11/18/2018 60934N807 4,300.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.81% 4,300.00 0.00 4,300.00 0.00 Purchase 11/19/2018 60934N807 3,900.00 Federated Investors Govt Oblig Fund Inst. 1.000 1.81% 3,900.00 0.00 3,900.00 0.00 Purchase 11/19/2018 60934N807 11,747.10 Federated Investors Govt Oblig Fund 1.000 1.81% 11,747.10 0.00 11,747.10 0.00 Inst. Purchase 11/19/2018 60934N807 438.96 Federated Investors Govt Oblig Fund 1.000 1.81% 438.96 0.00 438.96 0.00 Inst. Purchase 11/21/2018 60934N807 626.87 Federated Investors Govt Oblig Fund 1.000 1.81% 626.87 0.00 626.87 0.00 Inst. Purchase 11/27/2018 3137EAEN5 600,000.00 FHLMC Note 2.75% Due 6/19/2023 98.869 3.02% 593,214.00 7,608.33 600,822.33 0.00 Purchase 11/27/2018 60934N807 3,575.00 Federated Investors Govt Oblig Fund Inst. Purchase 11/27/2018 60934N807 440,000.00 Federated Investors Govt Oblig Fund Inst. Purchase 11/29/2018 60934N807 5,296.88 Federated Investors Govt Oblig Fund Inst. Purchase 11/30/2018 60934N807 12,506.25 Federated Investors Govt Oblig Fund Inst. 1.000 1.000 1.81% 3,575.00 1.81% 440,000.00 0.00 3,575.00 0.00 0.00 440,000.00 0.00 1.000 1.81% 5,296.88 0.00 5,296.88 0.00 1.000 1.85% 12,506.25 0.00 12,506.25 0.00 Subtotal 1,345,968.81 1,339,182.81 7,608.33 1,346,791.14 0.00 Security Contribution 11/30/2018 90SDCP$00 12,000.00 County of San Diego Pooled Investment 1.000 Pool 12,000.00 0.00 12,000.00 0.00 Subtotal 12,000.00 12,000.00 0.00 12,000.00 0.00 Short Sale 11/27/2018 60934N807 -600,822.33 Federated Investors Govt Oblig Fund 1.000 -600,822.33 0.00-600,822.33 0.00 Inst. Subtotal -600,822.33 -600,822.33 0.00-600,822.33 0.00 TOTAL ACQUISITIONS 757,146.48 750,360.48 7,608.33 757,968.81 0.00 Chandler Asset Management - CONFIDENTIAL Page 10 Execution Time: 1/10/2019 137 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2018 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Closing Purchase 11/27/2018 60934N807 -600,822.33 Federated Investors Govt Oblig Fund Inst. 1.000 -600,822.33 0.00-600,822.33 0.00 Subtotal -600,822.33 -600,822.33 0.00 -600,822.33 0.00 Sale 11/27/2018 60934N807 600,822.33 Federated Investors Govt Oblig Fund 1.000 1.81% 600,822.33 0.00 600,822.33 0.00 Inst. Subtotal 600,822.33 600,822.33 0.00 600,822.33 0.00 Paydown Paydown Paydown 11/15/2018 02582JHE3 11/15/2018 02587AAJ3 0.00 American Express Credit 2017-3 A 100.000 0.00 280.25 280.25 0.00 1.77% Due 11/15/2022 0.00 American Express Credit 2017-1 100.000 0.00 482.50 482.50 0.00 1.93% Due 9/15/2022 11/15/2018 161571HF4 0.00 Chase CHAIT 2016-A5 100.000 0.00 582.08 582.08 0.00 1.27% Due 7/15/2021 Paydown 11/15/2018 47788BAB0 13,467.45 John Deere Owner Trust 2017-B A2A 100.000 13,467.45 89.90 13,557.35 1.17 1.59% Due 4/15/2020 Paydown 11/15/2018 47788EAB4 0.00 John Deere Owner Trust 2018-B A2 100.000 0.00 943.33 943.33 0.00 2.83% Due 4/15/2021 Paydown 11/15/2018 65478GAB6 36,889.69 Nissan Auto Receivables Owner 2017-B 100.000 36,889.69 322.27 37,211.96 1.45 A2A 1.56% Due 5/15/2020 Paydown 11/15/2018 89237RAB4 31,629.61 Toyota Auto Receivable 2017-C A2A 100.000 31,629.61 360.28 31,989.89 0.30 1.58% Due 7/15/2020 Paydown 11/15/2018 89238BAB8 21,905.95 Toyota Auto Receivables Owner 2018-A 100.000 21,905.95 430.24 22,336.19 2.24 A2A 2.1% Due 10/15/2020 Paydown 11/19/2018 43814PAB6 11,659.44 Honda Auto Receivables Owner T 17-3 100.000 11,659.44 87.66 11,747.10 1.04 A2 1.57% Due 1/21/2020 Paydown 11/19/2018 43814UAG4 0.00 Honda Auto Receivables 2018-2 A3 100.000 0.00 438.96 438.96 0.00 3.01% Due 5/18/2022 Chandler Asset Management - CONFIDENTIAL Page 11 Execution Time: 1/10/2019 138 of 189 City of National City Consolidated Account #10218 Transaction Ledger As of November 30, 2018 CAS Transaction Settlement Type Date CUSIP Quantity Security Description Price Acq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 11/21/2018 43815HAC1 0.00 Honda Auto Receivables Owner 2018-3 100.000 A3 2.95% Due 8/22/2022 0.00 626.87 626.87 0.00 Subtotal 115,552.14 115,552.14 4,644.34 120,196.48 6.20 Maturity 11/03/2018 594918BF0 130,000.00 Microsoft Note 1.3% Due 11/3/2018 100.000 130,000.00 0.00 130,000.00 130.00 Maturity 11/27/2018 3135G0YT4 440,000.00 FNMA Note 100.000 440,000.00 0.00 440,000.00 -6,141.96 1.625% Due 11/27/2018 Subtotal 570,000.00 570,000.00 0.00 570,000.00 -6,011.96 Security Withdrawal 11/05/2018 60934N807 2,162.83 Federated Investors Govt Oblig Fund 1.000 Inst. 2,162.83 0.00 2,162.83 0.00 Security 11/13/2018 90LAIF$00 1,200,000.00 Local Agency Investment Fund State 1.000 1,200,000.00 0.00 1,200,000.00 0.00 Withdrawal Pool Security 11/29/2018 90LAIF$00 1,600,000.00 Local Agency Investment Fund State 1.000 1,600,000.00 0.00 1,600,000.00 0.00 Withdrawal Pool Subtotal 2,802,162.83 2,802,162.83 0.00 2,802,162.83 0.00 TOTAL DISPOSITIONS 3,487,714.97 3,487,714.97 4,644.34 3,492,359.31 -6,005.76 OTHER TRANSACTIONS Interest 11/01/2018 3137EADR7 Interest 455,000.00 FHLMC Note 1.375% Due 5/1/2020 0.000 3,128.13 0.00 3,128.13 0.00 11/03/2018 594918BF0 130,000.00 Microsoft Note 1.3% Due 11/3/2018 0.000 845.00 0.00 845.00 0.00 Interest 11/03/2018 594918BG8 270,000.00 Microsoft Callable Note Cont. 10/03/20 0.000 2,700.00 0.00 2,700.00 0.00 2% Due 11/3/2020 Interest 11/06/2018 037833AQ3 400,000.00 Apple Inc Note 2.1% Due 5/6/2019 0.000 4,200.00 0.00 4,200.00 0.00 Interest 11/11/2018 3695506E7 400,000.00 General Dynamics Corp Note 0.000 3% Due 5/11/2021 6,000.00 0.00 6,000.00 0.00 Chandler Asset Management - CONFIDENTIAL Paee 12 Execution Time: 1/10/2019 139 of 189 City of National City Consolidated Account#10218 Transaction Ledger As of November 30, 2018 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 11/15/2018 459200HM6 400,000.00 IBM Corp Note 1.625% Due 5/15/2020 0.000 3,250.00 0.00 3,250.00 0.00 Interest 11/17/2018 3137EAEK1 600,000.00 FHLMC Note 1.875% Due 11/17/2020 0.000 5,625.00 0.00 5,625.00 0.00 Interest 11/18/2018 22160KAJ4 400,000.00 Costco Wholesale Corp Note 2.15% Due 5/18/2021 0.000 4,300.00 0.00 4,300.00 0.00 Interest 11/19/2018 857477AV5 400,000.00 State Street Bank Note 1.95% Due 5/19/2021 0.000 3,900.00 0.00 3,900.00 0.00 Interest 11/27/2018 3135G0YT4 440,000.00 FNMA Note 1.625% Due 11/27/2018 0.000 3,575.00 0.00 3,575.00 0.00 Interest 11/29/2018 3130AABG2 565,000.00 FHLB Note 1.875% Due 11/29/2021 0.000 5,296.88 0.00 5,296.88 0.00 Interest Interest Interest 11/30/2018 912828G53 11/30/2018 912828M98 11/30/2018 912828UB4 600,000.00 US Treasury Note 1.875% Due 11/30/2021 570,000.00 US Treasury Note 1.625% Due 11/30/2020 0.000 0.000 450,000.00 US Treasury Note 1% Due 11/30/2019 0.000 5,625.00 4,631.25 2,250.00 0.00 0.00 0.00 5,625.00 4,631.25 2,250.00 0.00 0.00 0.00 Subtotal 6,080,000.00 55,326.26 0.00 55,326.26 0.00 Dividend 11/02/2018 60934N807 52,097.68 Federated Investors Govt Oblig Fund Inst. 0.000 446.07 0.00 446.07 0.00 Subtotal 52,097.68 446.07 0.00 446.07 0.00 TOTAL OTHER TRANSACTIONS 6,132,097.68 55,772.33 0.00 55,772.33 0.00 Chandler Asset Management - CONFIDENTIAL Page 13 Execution Time: 1/10/2019 140 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 141 The following page(s) contain the backup material for Agenda Item: Warrant Register #28 for the period of 01/02/19 through 01/08/19 in the amount of $446,245.08. (Finance) Please scroll down to view the backup material. 141 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #28 for the period of 01/02/19 through 01/08/19 in the amount of $446,245.08. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/02/19 through 01/08/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation DEPARTMENT: Finance APPROVED BY: Health Net Inc 340224 79,509.70 Group R1192A January 2019 Southwest Signal Service 340292 56,218.96 Monthly Maintenance — October 18 FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Warrant total $446,245.08. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $446,245.08 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 28 142 of 189 CALIFORNIA+�__ PAYEE MANGANIELLO, S ACEDO, I ACME SAFETY & SUPPLY CORP AIRGAS USA LLC ALIGNMENT EXPRESS OF CA INC ANDERSON, E ARROWHEAD FORENSIC PRODUCTS ATLANTIC SAFETY PRODUCTS INC BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, R BOEGLER, C BOOT WORLD BROADWAY AUTO GLASS BULL, P CAPF CALIFORNIA DIESEL COMPLIANCE CALIFORNIA LAW ENFORCEMENT CARRILLO, R CASAS, L CLAIMS MANAGEMENT ASSOCIATES COLE, L COLLINSON, C CONDON, D CORDERO, E CORPUZ, T COUNTY OF SAN DIEGO CPOA D PREP L L C DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANESHFAR, Z DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DESROCHERS, P DI CERCHIO, A DIAZ, M DILLARD, S DION INTERNATIONAL TRUCK INC D-MAX ENGINEERING NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 28 1/8/2019 DESCRIPTION TRAVEL REIMBURSEMENT / ENG RETIREE HEALTH BENEFITS JAN 2019 DAY AND NIGHT CONES / PW MOP 45714 GENERAL SUPPLIES - PW ALIGNMENT LABOR / PW RETIREE HEALTH BENEFITS JAN 2019 PROPERTIES AND EVIDENCE / POLICE PROPERTIES AND EVIDENCE / POLICE RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 LIABILITY CLAIM COST RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 MOP 64096 BOOTS STAFF - NSD WINDSHIELD GREEN TINT / PW RETIREE HEALTH BENEFITS JAN 2019 JANUARY 2019 FIRE LTD PSIP STATEWIDE SMOKE OPACITY TEST JANUARY 2019 PD LTD RETIREE HEALTH BENEFITS JAN 2019 COUNCIL MEETING TRANSLATION SERVICES PROFESSIONAL SERVICES RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 NONPROFIT POOLS - OCT 2018 CPOA MEMBERSHIP / PD TRAINING CRITICAL INCIDENT RESPONSE / PD LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST RETIREE HEALTH BENEFITS JAN 2019 MOP 76986 TIRES FOR CITY FLEET - PW JAN 2019 GROUP 05-0908600000 DEC 2018 GROUP 05-0908601002 JAN 2019 GROUP 05-7029600000 RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 GAUGE AIR PRESS / PW ALLEY IMPROVMTS PROJECT SEP 2018 CHK NO DATE AMOUNT 340157 1/8/19 146.41 340158 1/8/19 160.00 340159 1/8/19 490.35 340160 1/8/19 104.54 340161 1/8/19 7,193.86 340162 1/8/19 110.00 340163 1/8/19 2,485.97 340164 1/8/19 860.34 340165 1/8/19 70.00 340166 1/8/19 140.00 340167 1/8/19 257.20 340168 1/8/19 110.00 340169 1/8/19 260.00 340170 1/8/19 125.00 340171 1/8/19 186.00 340172 1/8/19 580.00 340173 1/8/19 906.50 340174 1/8/19 432.00 340175 1/8/19 2,105.00 340176 1/8/19 290.00 340177 1/8/19 175.00 340178 1/8/19 7,500.00 340179 1/8/19 165.00 340180 1/8/19 420.00 340181 1/8/19 280.00 340182 1/8/19 520.00 340183 1/8/19 140.00 340184 1/8/19 271.00 340185 1/8/19 250.00 340186 1/8/19 9,000.00 340187 1/8/19 15,457.79 340188 1/8/19 2,595.20 340189 1/8/19 2,494.60 340190 1/8/19 2,183.59 340191 1/8/19 406.70 340192 1/8/19 250.00 340193 1/8/19 3,262.55 340194 1/8/19 15,252.58 340195 1/8/19 135.66 340196 1/8/19 2,838.66 340197 1/8/19 110.00 340198 1/8/19 70.00 340199 1/8/19 680.00 340200 1/8/19 480.00 340201 1/8/19 331.07 340202 1/8/19 280.00 1/4 143 of 189 CALIFORNIAF__ NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 28 1/8/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT DREDGE, J RETIREE HEALTH BENEFITS JAN 2019 340203 1/8/19 250.00 EISER III, G RETIREE HEALTH BENEFITS JAN 2019 340204 1/8/19 250.00 ENTERPRISE FLEET MANAGEMENT ENTERPRISE LEASE AND MAINT- ENG 340205 1/8/19 15,247.30 ETZLER, J RETIREE HEALTH BENEFITS JAN 2019 340206 1/8/19 460.00 EXOS COMMUNITY SERVICES LLC PROFESSIONAL SERVICES / CSD 340207 1/8/19 35,877.74 FABINSKI, D RETIREE HEALTH BENEFITS JAN 2019 340208 1/8/19 220.00 FERNANDEZ, R RETIREE HEALTH BENEFITS JAN 2019 340209 1/8/19 270.00 FIFIELD, K RETIREE HEALTH BENEFITS JAN 2019 340210 1/8/19 540.00 FLEET SERVICES INC DRIVELINE REPAIR / PW 340211 1/8/19 593.09 FLEETPRIDE INC MIRROR ARM AND MOTOR / PW 340212 1/8/19 906.97 FRANK TOYOTA ARM RR WIPER / PW 340213 1/8/19 46.63 GELSKEY, K RETIREE HEALTH BENEFITS JAN 2019 340214 1/8/19 115.00 GEORGE H WATERS NUTRITION CTR NHC QUARTERLY BREAKFAST / CMO 340215 1/8/19 1,700.00 GEOSYNTEC CONSULTANTS INC 835 BAY MARINA CLOSURE SEP 2018 340216 1/8/19 9,580.00 GIBBS JR, R RETIREE HEALTH BENEFITS JAN 2019 340217 1/8/19 120.00 GONZALES, M RETIREE HEALTH BENEFITS JAN 2019 340218 1/8/19 480.00 GRAINGER MOP 65179 GENERAL SUPPLIES - PW 340219 1/8/19 451.79 HANSON, E RETIREE HEALTH BENEFITS JAN 2019 340220 1/8/19 135.00 HARLAN, M RETIREE HEALTH BENEFITS JAN 2019 340221 1/8/19 500.00 HAUG, S RETIREE HEALTH BENEFITS JAN 2019 340222 1/8/19 120.00 HEALTH NET GROUP N7177A JANUARY 2019 340223 1/8/19 1,181.18 HEALTH NET INC GROUP R1192A JANUARY 2019 340224 1/8/19 79,509.70 HEALTH NET INC GROUP 57135A JANUARY 2019 340225 1/8/19 4,770.08 HERNANDEZ, P TRAINING ADV SUB CRISIS NEG/ P HERNANDEZ 340226 1/8/19 770.78 HERNANDEZ, R RETIREE HEALTH BENEFITS JAN 2019 340227 1/8/19 400.00 HODGES, B RETIREE HEALTH BENEFITS JAN 2019 340228 1/8/19 200.00 IBARRA, J RETIREE HEALTH BENEFITS JAN 2019 340229 1/8/19 780.00 INNOVATIVE CONSTRUCTION CITYWIDE PED MIDBLOCK CROSSING 340230 1/8/19 6,998.00 JAMES, R RETIREE HEALTH BENEFITS JAN 2019 340231 1/8/19 140.00 JUNIEL, R RETIREE HEALTH BENEFITS JAN 2019 340232 1/8/19 50.00 KAISER FOUNDATION HEALTH PLANS GROUP 104220-7002 DEC 2018 340233 1/8/19 1,670.13 KIMBLE, R RETIREE HEALTH BENEFITS JAN 2019 340234 1/8/19 300.00 KLOS, K RETIREE HEALTH BENEFITS JAN 2019 340235 1/8/19 480.00 LA PRENSA SAN DIEGO NOTICE OF MEASURE - SPANISH 340236 1/8/19 390.00 LANDA, A RETIREE HEALTH BENEFITS JAN 2019 340237 1/8/19 155.00 LCEO LLC STROBE LIGHTS / PD 340238 1/8/19 2,715.00 LEACH, D RETIREE HEALTH BENEFITS JAN 2019 340239 1/8/19 600.00 LEHR AUTO ELECTRIC LIGHTED PUSH BUMPER / PW 340240 1/8/19 753.84 LIMFUECO, M RETIREE HEALTH BENEFITS JAN 2019 340241 1/8/19 160.00 LOPEZ, TERESA YOLANDA TRANSLATION SERVICES AS NEEDED FOR FY19 340242 1/8/19 280.00 LUTH AND TURLEY INC. LIABILITY CLAIM COST 340243 1/8/19 503.93 LUTH AND TURLEY INC. LIABILITY CLAIM COST 340244 1/8/19 402.63 LUTH AND TURLEY INC. LIABILITY CLAIM COST 340245 1/8/19 390.50 MAN K9 INC CANINE TRAINING / PD 340246 1/8/19 1,040.00 MATIENZO, M RETIREE HEALTH BENEFITS JAN 2019 340247 1/8/19 100.00 MAYER REPROGRAPHICS SCAN PLANS / ENG 340248 1/8/19 116.61 2/4 144 of 189 CALIFORNIAF__ NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 28 1/8/2019 PAYEE DESCRIPTION CHK NO DATE AMOUNT MC CABE, T RETIREE HEALTH BENEFITS JAN 2019 340249 1/8/19 280.00 MCDANIEL, P RETIREE HEALTH BENEFITS JAN 2019 340250 1/8/19 290.00 MCDOUGAL LOVE ECKIS LIABILITY CLAIM COST 340251 1/8/19 2,452.35 MCDOUGAL LOVE ECKIS LIABILITY CLAIM COST 340252 1/8/19 17.50 MEDINA, R RETIREE HEALTH BENEFITS JAN 2019 340253 1/8/19 105.00 MENDOZA, G RETIREE HEALTH BENEFITS JAN 2019 340254 1/8/19 290.00 MINER, D RETIREE HEALTH BENEFITS JAN 2019 340255 1/8/19 580.00 NAPA AUTO PARTS MOP 45735 GENERAL SUPPLIES - PW 340256 1/8/19 38.96 NATIONAL CITY AUTO TRIM R&M CITY VEHICLES REPAIR DEC 2018 340257 1/8/19 165.00 NOTEWARE, D RETIREE HEALTH BENEFITS JAN 2019 340258 1/8/19 120.00 NV5 INC SEWER CAPITAL PROJECT 340259 1/8/19 18,636.00 OLIVARES, G RETIREE HEALTH BENEFITS JAN 2019 340260 1/8/19 280.00 OLIVAS, 0 REIMB OLIVAS ACADEMY BOOKS 340261 1/8/19 97.85 OPTUM GROUP HB1966 JUL AUG AND SEP 2018 340262 1/8/19 35.75 PAUU JR, P RETIREE HEALTH BENEFITS JAN 2019 340263 1/8/19 340.00 PEASE JR, D RETIREE HEALTH BENEFITS JAN 2019 340264 1/8/19 140.00 PENSKE FORD MOP 49078 AUTO PARTS - PW 340265 1/8/19 1,384.59 PETERS, S RETIREE HEALTH BENEFITS JAN 2019 340266 1/8/19 290.00 POLICE EXECUTIVE RESEARCH CHIEF OF POLICE MEMBERSHIP 340267 1/8/19 200.00 POST, R RETIREE HEALTH BENEFITS JAN 2019 340268 1/8/19 280.00 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES - PW 340269 1/8/19 3,219.81 PROFORCE LAW ENFORCEMENT STROBE LIGHTS TAC / PD 340270 1/8/19 1,163.04 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 340271 1/8/19 284.00 RAY, S RETIREE HEALTH BENEFITS JAN 2019 340272 1/8/19 190.00 ROARK, L RETIREE HEALTH BENEFITS JAN 2019 340273 1/8/19 135.00 RUIZ, J RETIREE HEALTH BENEFITS JAN 2019 340274 1/8/19 310.00 S & S WELDING ALUMINUM FLANGES FOR PIPES / PW 340275 1/8/19 471.98 SAN DIEGO HYDRAULICS BEARINGS / PW 340276 1/8/19 462.48 SANCHEZ, L RETIREE HEALTH BENEFITS JAN 2019 340277 1/8/19 330.00 SASI MONTHLY TRUST ACCT DEC 2018 JAN 2019 340278 1/8/19 436.50 SASI MONTHLY TRUST ACCT NOV DEC 2018 340279 1/8/19 41.50 SDG&E GAS & ELECTRIC UTILITIES - PW 340280 1/8/19 34,781.25 SDG&E GAS & ELECTRIC UTILITIES - PW 340281 1/8/19 23,418.77 SERVATIUS, J RETIREE HEALTH BENEFITS JAN 2019 340282 1/8/19 340.00 SHORT, C RETIREE HEALTH BENEFITS JAN 2019 340283 1/8/19 300.00 SIGNWAREHOUSE INC ENDURA LIGHT / ENGINEERING 340284 1/8/19 109.51 SIRCHIE FINGER PRINT PROPERTIES AND EVIDENCE / POLICE 340285 1/8/19 2,190.55 SITEONE LANDSCAPE SUPPLY LLC TRC COMMANDER RECEIVER 340286 1/8/19 711.45 SMART & FINAL MOP SMART & FINAL 340287 1/8/19 60.00 SMART SOURCE OF CALIFORNIA LLC MOP.63845 BUSINESS CARDS/ENG 340288 1/8/19 110.93 SMITH, J RETIREE HEALTH BENEFITS JAN 2019 340289 1/8/19 320.00 SOSA, P REIMB SOSA ACADEMY BOOKS 340290 1/8/19 119.14 SOUTH COAST EMERGENCY SEATBELT - TURN SIGNAL SWITCH / PW 340291 1/8/19 677.30 SOUTHWEST SIGNAL SERVICE MONTHLY MAINTENANCE - OCTOBER 2018 340292 1/8/19 56,218.96 STAPLES BUSINESS ADVANTAGE MOP 45704. AED CABINET FOR CAMACHO REC / CSD 340293 1/8/19 1,103.64 STARTECH COMPUTERS MOP 61744 COMP ACCESSORIES - MIS 340294 1/8/19 2,313.31 3/4 145 of 189 CALIFORNIAF__ PAYEE STEWART, W STRASEN, W SWEETWATER AUTHORITY THE LINCOLN NATIONAL LIFE INS THE LINCOLN NATIONAL LIFE INS THE STAR NEWS TIPTON, B TURF STAR INC U S BANK UNDERGROUND SERVICE ALERT UNITED PARCEL SERVICE UNITED ROTARY BRUSH CORP VERRY, L VILLAGOMEZ, J VISION SERVICE PLAN VISTA PAINT VORTEX INDUSTRIES INC WEST PAYMENT CENTER WHITE, J YBARRA, A YBARRA, A YOUNG, G Z A P MANUFACTURING INC NATIONAL CI?? ?ATCORPQRAT8D . WARRANT REGISTER # 28 1/8/2019 DESCRIPTION RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 WATER SERVICES UTILITIES / PW GROUP 415491 JANUARY 2019 GROUP 415491 DECEMBER 2018 ADVERTISING NOTICES FOR FY19 RETIREE HEALTH BENEFITS JAN 2019 ADAPTER AND ROAD LIGHT KIT CREDIT CARD EXPENSES / PD UNDERGROUND SERVICE ALERT SHIPPING SERVICES / PW MOP 62883 ST SWEEPER REPAIR - PW RETIREE HEALTH BENEFITS JAN 2019 RETIREE HEALTH BENEFITS JAN 2019 JANUARY 2019 VISION SERVICE PLAN MOP 68834 PAINT SUPPLIES - NSD CITY WIDE ON SITE SERVICE & REPAIRS BOOKS / CITY ATTORNEY'S OFFICE RETIREE HEALTH BENEFITS JAN 2019 TRAINING ADV POST SUB SLI 6/ A Y TRAINING ADV POST SLI 4/A Y REIMB YOUNG FOR FLAG SEWINGS AND BOXES YARD RED FILM / PW CHK NO DATE AMOUNT 340295 1/8/19 200.00 340296 1/8/19 135.00 340297 1/8/19 5,877.86 340298 1/8/19 9,897.21 340299 1/8/19 9,792.04 340300 1/8/19 407.44 340301 1/8/19 250.00 340302 1/8/19 1,673.21 340303 1/8/19 575.06 340304 1/8/19 222.85 340305 1/8/19 127.50 340306 1/8/19 781.68 340307 1/8/19 280.00 340308 1/8/19 480.00 340309 1/8/19 820.35 340310 1/8/19 731.47 340311 1/8/19 750.00 340312 1/8/19 408.93 340313 1/8/19 230.00 340314 1/8/19 468.00 340315 1/8/19 384.00 340316 1/8/19 126.90 340317 1/8/19 499.99 A/P Total 446,245.08 GRAND TOTAL $ 446,245.08 4/4 146 of 189 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF FEBRUARY 2019. AYES NAYS ABSENT 147 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 148 The following page(s) contain the backup material for Agenda Item: Warrant Register #29 for the period of 01/09/19 through 01/15/19 in the amount of $1,777,456.39. (Finance) Please scroll down to view the backup material. 148 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #29 for the period of 01/09/19 through 01/15/19 in the amount of $1,777,456.39. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 01/09/19 through 01/15/19. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Ameresco Inc 340326 137,845.41 Energy Svc Agreement Nov 2018 Tyler Technologies Inc 340398 60,843.32 Eden Support 1/01/19 — 12/31/19 Adminsure inc 510105 65,905.38 W/C Acct Replenishment / Dec 18 Public Emp Ret System 1092018 242,420.03 Service Period 12/04/18 — 12/17/18 DEPARTMENT: Finance APPROVED BY: """<---7-- FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,777,456.39. APPROVED: `tZ . G FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,777,456.39 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 29 149 of 189 PAYEE EISER III, G MATTHEW BENDER & COMP INC ABLE PATROL & GUARD ADDICTION MEDICINE AETNA BEHAVIORAL HEALTH ALDEMCO ALL FRESH PRODUCTS AMAZON AMERESCO INC AT&T AT&T AT&T BAKER & TAYLOR BEECHER, J BICKMORE BLAZENSKI, MICHAEL BRODART CO CEB CLEAN HARBORS ENVIRONMENTAL CLF WAREHOUSE INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CYNTHIA TITGEN CONSULTING INC DE LAGE LANDEN DEEPNET SECURITY DEPARTMENT OF INDUSTRIAL DEPARTMENT OF JUSTICE D-MAX ENGINEERING DOCUFLOW SOLUTIONS INC FACTORY MOTOR PARTS FERGUSON ENTERPRISES 1350 GONZALEZ, L GRAINGER GRANICUS INC HERNANDEZ, P IDEMIA IDENTITY & SECURITY USA IRON MOUNTAIN J GARDNER & ASSOCIATES LLC KIMLEY HORN LASER SAVER INC LIEBERT CASSIDY WHITMORE LIEU, C LOPEZ, R MATTHEW BENDER & COMP INC MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS MICHAEL BAKER INTERNATIONAL CALIFORNIA ,, TI NAL C'IT INCORPORATED WARRANT REGISTER # 29 1/15/2019 DESCRIPTION PROFESSIONAL SERVICES BOOKS / CITY ATTORNEY'S OFFICE SECURITY GUARD SERVICES DOT DRUG & ALCOHOL TESTING EMPLOYEE ASST PROGRAM JAN 2019 FOOD - NUTRITION CENTER CONSUMABLES - NUTRITION CENTER BOOKS / LIBRARY ENERGY SVC AGREEMENT NOV 2018 AT&T SBC PHONE SERVICE FOR NOVEMBER AT&T SBC PHONE SERVICE FOR NOVEMBER AT&T SBC PHONE SERVICE FOR DECEMBER BOOKS / LIBRARY TREE TRIMMER LICENSE REIMB - PW INSURED GEN LIABILITY & W/C PROGRAM SVCS / AUDIT OF FINANCIAL RECORDS & CAFR BOOKS FOR LIBRARY BOOKS / CITY ATTORNEY'S OFFICE HAZARDOUS WASTE FOR OCT 2018 MOP 80331 AUTO SUPPLIES - PW STORMWATER REGIONAL PROGRAM COX DATA VIDEO SERVICES FOR DECEMBER W/C CONSULTING DEC 2018 LEASE 20 SHARP COPIERS / DECEMBER DEEPNET SUPPORT RENEWAL - NONCOMPLIANT INSPECTION / ENG FINGERPRINT APPS TEST NOV 2018 NC STORM WATER SERVICES DEC 2018 ANNUAL TYPEWRITER MAINTENANCE / FINANCE MOP 82766 AUTO SUPPLIES - PW MOP 45723 GENERAL SUPPLIES - PW WASTEWATER EDUC REIMB DEC 2018 MOP 65179 GENERAL SUPPLIES - PW GOVERNMENT TRANSPARENCY MEETING TRAINING REIMBURSEMENT FOR FIREARMS FINGERPRINT SUBMISSIONS NOV 2018 RECORD MANAGEMENT AND STORAGE FOR FY19 OVAL JR BADGE SILVER FOIL W GOLD / PD EL TOYON LAS PALMAS PS&E NOV 2018 MOP 45725 / PRINTER SUPPLIES / MIS PROFESSIONAL SERVICES NOV 30, 2018 REIMB / LITERACY TUTOR APPRECIATION LUNCH TRAINING REIM DUI / PD / LOPEZ BOOKS / CITY ATTORNEY'S OFFICE LIABILITY CLAIM COST LIABILITY CLAIM COST CONST SUPPORT LAS PALMAS OCT 2018 CHK NO 340318 340319 340320 340321 340322 340323 340324 340325 340326 340327 340328 340329 340330 340331 340332 340333 340334 340335 340336 340337 340339 340340 340341 340342 340343 340344 340345 340346 340347 340348 340349 340350 340351 340352 340353 340354 340355 340356 340358 340359 340360 340361 340362 340363 340364 340365 340366 DATE 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 1/15/19 AMOUNT 4,940.00 87.08 2,208.90 557.00 1,074.00 5,737.68 598.91 2,695.41 137,845.41 10,548.91 2,291.80 405.36 759.54 45.00 4,500.00 4,112.50 640.53 288.01 1,280.46 669.80 1,834.00 5,014.73 2,415.00 2,939.63 2,290.00 2,025.00 192.00 6,256.13 65.00 106.60 67.86 950.00 433.25 1,477.35 327.43 6.00 185.40 1,070.89 29,445.99 271.66 416.00 339.20 94.49 1,463.46 1,636.68 70.00 2,640.00 1/3 150 of 189 PAYEE MIDWEST TAPE MINUTEMAN PRESS MOR FURNITURE FOR LESS MOSSY NISSAN MUNICIPAL CODE CORPORATION MUNOZ, L NERI LANDSCAPE ARCHITECTURE NOWDOCS INTERNATIONAL INC O'REILLY AUTO PARTS PADRE JANITORIAL SUPPLIES PARTS AUTHORITY METRO LLC PENA VELOZ, J POWER PLUS POWERSTRIDE BATTERY CO INC PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC SAN DIEGO GAS & ELECTRIC SANDERS, J SEAPORT MEAT COMPANY SHARP ELECTRONICS CORPORATION SOUTHERN CALIF TRUCK STOP SOUTHWEST SIGNAL SERVICE SPARKLETTS STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SWRCB SYSCO SAN DIEGO INC TAM DAO THE ENGRAVING STORE THE STAR NEWS TYLER TECHNOLOGIES INC U S BANK U S BANK U S HEALTHWORKS VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WEST PAYMENT CENTER WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY CALIFORNIA ,, T'I NAL Cu' XNCOFtPORATED WARRANT REGISTER # 29 1/15/2019 DESCRIPTION DVDS / LIBRARY ANNUAL PRINTING OF BUDGET BOOK FY19 FURNITURE / MAYOR SOTELO-SOLIS MOP 80703 AUTO SUPPLIES - PW MUNI CODE SUPP 51, UPDATE 2 REIMB CITY OATH CEREMONY - CM EL TOYON PARK MASTER PLAN & STUDY W2 FORMS & ENVELOPES / FINANCE MOP 75877 AUTO SUPPLIES - PW CONSUMABLES - NUTRITION CENTER MOP 75943 AUTO SUPPLIES - PW WASTEWATER EDUC REIMB DEC 2018 PARADISE CREEK PARKS PUMPS MOP 67839 GENERAL SUPPLIES - PW CONSUMABLES - NUTRITION CENTER MOP 45742 LAUNDRY SERVICES - PW ENERGY CONTRAC SUPPORT DEC 2018 GAS & ELECTRIC UTILITIES - NUTRITION S-190 FIRE BEHAVIOR EDUC REIMB NOV 2018 FOOD - NUTRITION CENTER MAINTENANCE 20 SHARP COPIERS FOR FY19 MOP 45758 GEN AUTO SUPPLIES - PW INSTALL NEW SOLAR SYSTEM 24TH/F WATER SERVICE - NUTRITION CENTER MOP 45704. OFFICE SUPPLIES/LIBRARY MOP #61744/COMPUTER ACCESSORIES/MIS ANNUAL PERMIT FEE OCT 2018 - SEP 2019 FOOD - NUTRITION CENTER REFUND FOR OVERPAID BUSINESS TAX, ACCT 1 ENGRAVING BOX / POLICE DEPT ADVERTISING NOTICES FOR FY19 EDEN SUPPORT 1/1/19 - 12/31/19 CREDIT CARD EXPENSES / RISK CREDIT CARD EXPENSES / CMO PRE -EMPLOYMENT PHYSICALS DEC 2018 MOP 46453 GENERAL SUPPLIES - PW VERIZON CELLULAR SERVICES FOR NOVEMBER BOOKS / CITY ATTORNEY'S OFFICE MOP 45850 GENERAL AUTO SUPPLIES - PW MOP 80333 AUTO SUPPLIES - PW MOP #45763/ELECTRONIC SUPPLIES/MIS CHK NO DATE AMOUNT 340367 1/15/19 1,313.08 340368 1/15/19 1,504.06 340369 1/15/19 1,120.08 340370 1/15/19 21.00 340371 1/15/19 209.00 340372 1/15/19 104.94 340373 1/15/19 5,794.61 340374 1/15/19 215.33 340375 1/15/19 76.67 340376 1/15/19 1,152.71 340377 1/15/19 750.56 340378 1/15/19 162.00 340379 1/15/19 360.00 340380 1/15/19 110.51 340381 1/15/19 46.00 340382 1/15/19 1,572.08 340383 1/15/19 4,612.50 340384 1/15/19 1,679.82 340385 1/15/19 557.93 340386 1/15/19 862.65 340387 1/15/19 4,880.01 340388 1/15/19 850.11 340389 1/15/19 16,400.50 340390 1/15/19 59.20 340391 1/15/19 1,070.21 340392 1/15/19 1,143.02 340393 1/15/19 22,046.00 340394 1/15/19 5,737.33 340395 1/15/19 30.00 340396 1/15/19 47.50 340397 1/15/19 102.50 340398 1/15/19 60,843.32 340399 1/15/19 2,699.68 340400 1/15/19 35.96 340401 1/15/19 456.00 340402 1/15/19 148.25 340403 1/15/19 14,180.42 340404 1/15/19 1,550.68 340405 1/15/19 51.49 340406 1/15/19 77.65 340407 1/15/19 200.05 A/P Total 400,155.46 2/3 151 of 189 PAYEE WIRED PAYMENTS PAYCHEX BENEFIT TECH INC ARCO BUSINESS SOLUTIONS ADMINSURE INC PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 2 1/1/2019 CALIFORNIA AN''I NAL IT Csr� , tor CORPORATED WARRANT REGISTER # 29 1/15/2019 DESCRIPTION BENETRAC ESR SVCS BASE FEE JAN 2019 FUEL FOR CITY FLEET DECEMBER 2018 W/C ACCT REPLENISHMENT DEC 2018 SERVICE PERIOD 12/04/18 - 12/17/18 End Date 1/14/2019 Check Date 1/9/2019 GRAND TOTAL CHK NO DATE 426796 1 /11 /19 510090 1/10/19 510105 1/10/19 1092019 1/9/19 AMOUNT 538.65 27,188.11 65,905.38 242,420.03 1,041,248.76 $ 1,777,456.39 3/3 152 of 189 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN RONALD J. MORRISON, VICE -MAYOR JERRY CANO, MEMBER MONA RIOS, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF FEBRUARY 2019. AYES NAYS ABSENT 153 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 154 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 2019 mid -year budget adjustments. (Finance) Please scroll down to view the backup material. 154 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing various fiscal year 2019 mid -year budget adjustments. PREPARED BY: Yen Kelly, Budget Analyst PHONE: 619-336-4332 EXPLANATION: See attached staff report. DEPARTMENT: Finance�� 6'*' APPROVED BY: `Xa FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: `.W44 Xa 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 2019 mid -year budget adjustments. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report 2. Resolution 3. Exhibit "A" — Supplemental Appropriation Requests, Fiscal Year 2019 155 of 189 + CALIFORNIA NATIONAL CJT'1r ALAV INCORPORATED City Council Staff Report February 19, 2019 ITEM Staff Report: Fiscal Year 2019 Mid -Year Budget Review BACKGROUND Consistent with the Strategic Plan objective of fiscal transparency, this report provides the mid- year status of the City's General Fund operating budget. A first quarter status report was presented on January 22, 2019. The purpose of this report is to review the financial results of the activities of the first half of the current fiscal year and provide projections of revenues and expenditures through the end of the fiscal year. In addition, the report recommends various budget adjustments. DISCUSSION First Half of Fiscal Year 2019 The adopted Fiscal Year 2019 budget authorizes the use of unassigned fund balance for operating and capital expenditures and the use of committed fund balance — specifically, the Facilities Maintenance Reserve — for urgent ("Tier 1") facilities maintenance needs. The use of unassigned fund balance for operating expenses is considered a structural deficit. Based on year-to-date actual revenues and expenditures through December 31, 2018 and expected activities through year-end, the anticipated use of unassigned fund balance is less than originally projected, while the use of committed fund balance is greater. The following sections of this report will discuss the significant factors leading to the variances. Revenues For fiscal year 2019, General Fund revenues are expected to be greater than amounts budgeted by $2.8 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. 156 of 189 Page 2 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 Mid -Year Revenue Comparison Revenue Category Sales & Use Tax District Transactions & Use Tax Property Tax 1 Property Tax in Lieu of VLF 2 Other Revenues Total GENERAL FUND REVENUES AS OF DECEMBER 31 ST FY 19 $ 6,581,756 4,347,216 826,231 3,650,666 FY 18 $ 6,322,315 3,978,559 835,816 4,388,223 Difference $ 259,440 368,657 (9,585) (737,557) $15,405,869 $15,524,913 $(119,045) 1 reflects reduction for property tax allocation to the Library and Parks Maintenance funds 2 VLF — vehicle license fees 3 Transfer(s) In not reflected. 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 $11.8 million, $0.6 million ahead of last year, while General Fund revenues as a whole totaled $15.4 million, approximately $0.1 million less 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 $0.6 million above those received for the same period of the prior fiscal year. Contributing to the positive variance of these revenues were allocations which were due to the City during the 4th quarter of the prior fiscal but were delayed until the current fiscal year, as the State transitioned to a new sales tax reporting system. In general, however, the building & construction sector, as well as business & industry, fuel & service stations, and restaurants & hotels have been steady or strong overall, but autos & transportation, and general consumer goods have not performed as well as expected. ■ "Other Revenues" comprises all other General Fund revenues not specifically identified in the above table. These revenues were $0.7 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. 157 of 189 Page 3 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 Fiscal Year -End Revenue Projections GENERAL FUND REVENUES FISCAL YEAR 2019 Adjusted Projected % Revenue Category Projected Budget 1 Balance Variance Sales & Use Tax $18,990,000 $18,078,000 $ 912,000 5.0% District Transactions & Use Tax 11,965,000 11,359,000 606,000 5.3% Property Tax 2 2,164,001 2,146,711 17,290 0.8% Property Tax in Lieu of VLF 6,681,226 6,661,664 19,562 0.3% Other Revenues 23,126,512 21,846,392 1,280,120 5.9% Total $62,926,739 $60,091,767 $ 2,834,972 4.7% 1 adopted budget total, plus budget amendments and an adjustment of $5.5 million to Other Revenues to balance revenues to appropriations for the revenue offset WI-TOD and Paradise Creek Park Remediation capital improvement project that was carried forward from fiscal year 2018. 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 2019 General Fund revenues and compares them to their adjusted budgets. As noted above, General Fund revenues are expected to exceed the adjusted budget by approximately $2.8 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, both sales & use tax and the district transaction & use tax are above actuals for the same time period last fiscal year. The influence of the delayed payments on the revenues to date currently results in a projection that these revenues will exceed their budgets. • Other Revenues will exceed their budgeted total by $1.3 million, which is attributable to a combination of projected positive and negative variances in the various individual accounts with the most significant variances noted below: ❑ overtime reimbursements from the state and federal governments for the Fire Department's assistance in fighting wildfires throughout the State during the first half of this fiscal year, +$0.7 million; ❑ increased refunds related to insurance claims, $0.1 million; ❑ increase in utility company permits revenues, $0.1 million. Expenditures Expenditure totals at year-end are expected to exceed the budget by $0.5 million. The projected variances in each expenditure category resulting in the overall variance are shown in the "Fiscal 158 of 189 Page 4 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 Year -End Expenditure Projections" table. The "Mid -Year Expenditure Comparison" 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 31 ST Expenditure Category FY 19 FY 18 Difference Personnel Services $21,157,060 $19,074,707 $2,082,353 Maintenance & Operations 2,572,922 2,360,234 212,687 Capital Outlay 46,383 39,528 6,855 Capital Improvement Program 2,630,357 1,371,173 1,259,184 Internal Service Charges 3,770,772 4,002,050 (231,278) Total $30,177,495 $26,847,692 $3,329,802 1 Transfer(s) Out not reflected As of December 31, 2018, General Fund expenditures totaled $30.2 million, exceeding those at the same point last fiscal year by $3.3 million. The most significant factors in the year-to-year difference were: • higher personnel costs than for fiscal year 2018 at the same point, primarily due to negotiated compensation increases and overtime charges; and • savings in internal service charges resulting from the change in allocation methodology adopted for fiscal year 2019. The expenditure differences shown in all other accounts are primarily the result of timing differences of costs being incurred from one year to the next in the course of the City carrying out its various service responsibilities and capital projects. The table below provides a projection of General Fund expenditures for all of fiscal year 2019 and compares them to the adjusted budget. As noted above, General Fund expenditures are expected to be greater than the adjusted budget by approximately $0.5 million overall. 159 of 189 Page 5 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 Fiscal Year -End Expenditure Projections GENERAL FUND EXPENDITURES FISCAL YEAR 2019 Adjusted Projected % Expenditure Category Projected Budget 1 Balance Variance Personnel Services $38,492,973 $38,190,898 $ 302,075 (0.8)% Maintenance & Operations 6,989,320 6,952,847 36,473 (0.5)% Capital Outlay 167,731 167,731 (0.0)% Capital Improvements 14,557,591 14,457,591 100,000 (0.7)% Internal Service Charges 7,596,545 7,596,545 0.0% Total $67,804,160 $67,365,612 $ 438,548 (0.7)% 1 adopted budget total, plus budget amendments, and encumbrances and capital projects appropriations carried forward from previous fiscal year(s) 2 Transfer(s) Out not reflected Personnel costs at fiscal -year-end are projected to be higher than budget by $0.3 million, primarily resulting from net of increases in overtime charges and full and part-time salaries and decreases in health insurance premiums and savings from vacant authorized positions. The overtime increases are largely due to the Fire Department's assistance in battling wildfires throughout the State. The personnel compensation increases are associated with the State - mandated minimum wage increase, the negotiated Municipal Employees' Association increase, and staffing adjustments requested by the Police Department. The Police Department's requested staffing adjustment includes the replacements of an Investigative Aide and Police Dispatch Supervisor for a Crime Scene Specialist and Police Support Services Manager, respectively. Since the new positions requested would replace existing positions, if approved, the change would not result in an overall increase in budgeted positions. The projected overage in maintenance & operations is a combination of anticipated savings in various accounts offset by unanticipated expenses in others. The negative budget versus actual projection for capital improvements reflects staff's request for the use of committed fund balance of $100,000 to fund an urgent ceiling repair project in City Hall. All other adjusted budget appropriations for 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. Budgetary adjustments recommended to address projected overages are included in the "Supplemental Appropriation Requests" attachment (Exhibit "A"). Justification for the personnel adjustments and their fiscal impact are included in the "Personnel Requests" attachment (Exhibit "B"). 160 of 189 Page 6 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 Staff will continue to monitor all expenses and provide revised projections in the third quarter budget status report. Transfers In/Out While technically not revenues and expenditures (and, hence, not shown above), transfers in and out of the General Fund contribute to fund balance increases and decreases, respectively. Transfers in and out are not expected to deviate from the budgeted amounts. Net Impact on Unassigned Fund Balance As discussed above, the General Fund is expected to realize more revenues than budgeted and to spend more overall than budgeted. The combination of the two will result in the use of a lesser amount of unassigned fund balance than reflected in the adjusted budget. The adjusted budget reflects a use of $4.3 million in unassigned fund balance. Combining the above revenue and expenditure projections with expected transfers in and out results in an anticipated decrease of $2.4 million in the use of unassigned fund balance. (See the "Balance" column in the table below.) As a result, the use of unassigned fund balance for the fiscal year is projected to total $1.8 million. GENERAL FUND IMPACT ON UNASSIGNED FUND BALANCE FISCAL YEAR 2019 Adjusted Projected Budget Balance Revenue $ 62,926,739 $ 60,091,767 $ 2,834,972 Transfers In 62,829 62,829 - Total Revenue & Transfers In $ 62,989,568 $ 60,154,596 $ 2,834,972 Expenditures $(67,804,160) $(67,365,612) $ 438,548 Transfers Out (1,858,192) (1,858,192) Total Expenditures & Transfers Out $(69,662,352) $(69,223,804) $ 438,548 Use of Fund Balance $ 6,672,784 $ 9,069,208 $ 2,396,424 Less Use of Assigned Fund Balance * 4,188,442 4,188,442 Less Use of Committed Fund Balance * 700,000 600,000 $ 100,000 Use of Unassigned Fund Balance $ 1,784,342 $ 4,280,766 $2,496,424 * For purpose of estimating use of unassigned fund balance, all appropriations impacting assigned fund balance assumed to be expended. 161 of 189 Page 7 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 BUDGET ADJUSTMENTS During the mid -year budget review process, the Department of Finance identified budget adjustments necessary due to expenses unanticipated during the annual budgeting process. In addition, departments have been afforded the opportunity to submit supplemental appropriation requests based upon actual or projected budgetary requirements not anticipated during the annual budgeting process and to request other budget adjustments. The attached schedules reflect the recommended and requested adjustments. The recommendation section below provides a summary of those adjustments by account group and fund. RECOMMENDATION Authorize the City Manager to approve budget adjustments up to the following amounts: • General Fund Expenditures ❑ $961,901 Personnel ❑ $175,208 Maintenance & Operations ❑ $100,000 Capital Improvements Revenues ❑ $600,600 Other Revenue • Gas Taxes Fund Expenditures ❑ $40,000 R&M Traffic Control Devices • Sewer Service Fund Expenditures ❑ $9,000 Electricity & Gas • Nutrition Fund Expenditures ❑ $8,633 Consumable Supplies • Mile of Cars Landscape Maintenance District Fund Expenditures ❑ $32,216 Maintenance & Operations Revenues ❑ $32,216 Mile of Cars Maintenance District 162 of 189 Page 8 Staff Report — Fiscal Year 2019 Mid -Year Budget Review February 19, 2019 • Development Impact Fee Fund Transfer In ❑ $756,992 Transfer from Fund 326 Transportation Impact Fees • Transportation Impact Fee Fund Expenditures ❑ $65,000 Capital Improvement Transfer Out ❑ $756,992 Transfer to Fund 325 Development Impact Fees • Low & Moderate Income Housing Asset Fund Expenditures ❑ $7,920 Personnel Services 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 appropriations of $1,237,109 offset by revenues of $600,600. ATTACHMENTS Resolution Exhibit "A" — Supplemental Appropriation Requests, Fiscal Year 2019 Exhibit "B" — Personnel Requests, Fiscal Year 2019 Mid -year 163 of 189 Exhibit A SUPPLEMENTAL APPROPRIATION REQUESTS Fiscal Year 2019 Appropriation Revenue Net Use of Department Appropriation Account Amount Revenue Account if Applicable Amount Fund Balance General Fund (001) City Council Professional Services 7,993 Donations State of the City Address 1,000 6,993 • Expenditures were budgeted at $18,000, and $25,992.85 was spent, requiring an appropriation increase of $7,992.85. • Revenues (donations) were budgeted at $10,000, and $11,000 was received: thus, the revenue budget should be increased by $1,000. (Beginning fund balance attributable to the State of the City Address was $13,598.38.) City Council Personnel Services 34,509 34,509 The Executive Assistant IV position in the City Council's budget was reassigned to the Housing & Economic Development (HED) department. The Personnel Services appropriation associated with the Executive Assistant IV position in the amount of $46,277 has been transferred to HED's budget. An appropriation of $34,509 is requested to establish a Personnel Services budget in the City Council's budget for the Confidential Assistant position replacing the former Executive Assistant IV position. As a result of these changes, a budgetary savings of $11,768 will be realized in the City Council's budget. City Clerk Personnel Services 4,105 4,105 Impact of MEA compensation increases. City Attorney Personnel Services 15,641 15,641 • Leave sell -back higher than budgeted ($5,959). • Impact of Confidential employee compensation increases ($6,718). • Differential pay for acting appointments higher than budgeted ($2,964). Human Resources Professional Services 8,265 8,265 Increases related to recruitment services and legal costs. Police Personnel Services 170,220 170,220 Police Crime Scene Specialist 1,488 1,488 Police Police Support Services Manager 4,844 4,844 • Net of increases and savings in various Personnel Services accounts. • The addition of a new Crime Scene Specialist and Police Support Services Manager is offset by savings from defunding the Investigative Aide and Police Dispatch Supervisor positions. If approved, an additional total appropriation of $6,332 is requested for period starting 2/26/19 through fiscal year end. 1 of 3 164 of 189 Exhibit A 8 9 10 11 12 13 15 16 17 18 19 SUPPLEMENTAL APPROPRIATION REQUESTS Fiscal Year 2019 Appropriation Revenue Net Use of Department Appropriation Account Amount Revenue Account if Applicable Amount Fund Balance Building Personnel Services 8,878 8,878 Impact of MEA compensation increases. Fire Personnel Services 649,600 Overtime Reimbursements 599,600 50,000 Fire Training, Travel & Subsistence 1,600 1,600 Fire Wearing Apparel 27,550 27,550 Fire Communication Materials 10,000 10,000 Fire Minor Equipment - Less than $5K 14,900 14,900 • The Fire department provided assistance in fighting the wildfires that occurred in various portions of the State during the first half of the fiscal year. Additional appropriations totaling $599,600 are needed to cover overtime expenses and related workers' compensation and travel expenses. These costs will be revenue offset. The remaining $50,000 is the associated overtime cost to train 5 firefighter recruits. • The replacement of 5 firefighter recruits also requires the appropriation of additional funds for training and apparel in the amounts listed. Engineering & Public Works Street Lights & Signals 30,000 30,000 The FY 19 budget for this activity was reduced from previous years based on anticipated savings from using LED lights. However, due to the delayed implementation of the planned LED lights and the installation of additional LED street and safety lights, the anticipated savings have not been realized. Housing & Economic Dev. Personnel Services 26,532 26,532 Impact of MEA compensation increases. Community Services Personnel Services 46,084 46,084 Impact of MEA compensation increase (17,156) and overtime (26,533), plus associated cost in workers' compensation (1,216) and Medicare (1,179). Non -Departmental Professional Services 74,900 74,900 Non -Departmental Facilities Upgrade - Tier 1 Project 100,000 100,000 • Professional services agreements for the recruitment of a new city manager ($24,900) and for a law firm for expertise in negotiating the deployment of small cell wireless equipment in City rights -of -way ($50,000). • Appropriation of Facilities Maintenance Reserve committed fund balance for the repair of ceiling at City Hall. General Fund - Unassigned Fund Balance General Fund - Committed Fund Balance General Fund Total 1,137,109 100,000 1,237,109 600,600 600,600 536,509 100,000 636,509 2 of 3 165 of 189 Exhibit A SUPPLEMENTAL APPROPRIATION REQUESTS Fiscal Year 2019 Appropriation Revenue Net Use of Department Appropriation Account Amount Revenue Account if Applicable Amount Fund Balance Gas Taxes Fund (109) Engineering & Public Works R&M Traffic Control Devices 40,000 40,000 ncreased CIP cost as a result of damages to light poles. Staff anticipates cost recovery from insurance settlements, however, the value of the settlement is unknown at this time. Sewer Service Fund (125) Engineering & Public Works Electricity & Gas 9,000 9,000 The pump stations located on W. 18th St. and on Tidelands Ave. malfunctioned, resulting in higher than normal energy costs. The pump stations have been repaired and are now running at normal capacity and energy usage. Nutrition Fund (166) Housing & Economic Dev. Consumable Supplies Additional consumable supplies needed due to kitchen and dishwashing repairs. 8,633 8,633 Mile of Cars Landscape Maintenance District Fund (195) Planning Maintenance & Operations 32,216 32,216 Adjustment of budget to reflect the total expenditures shown in the Engineer's report for FY 19 plus the amount of missed payment from the General Fund in FY 18. Transportation Impact Fees Fund (326) Non -Departmental Transfer To Other Fund 756,992 756,992 Non -Departmental Capital Improvement 65,000 65,000 • Transfer fund balance to the Development Impact Fees Fund to segregate public facilities development and transportation development funds in compliance with Proposition A. • Concurrently, a re -appropriation of $65,000 in capital improvement expense is recommended for budgeted expenditures previously appropriated under the Development Impact Fees Fund. Low & Moderate Income Housing Asset Fund (532) Housing & Economic Dev. Personnel Services 7,920 7,920 A management intern has been hired for part-time work (20 hrs/wk) from January 2019 thru June 2019 to analyze and assist in the implementation of policies and programs to support housing in National City. 3 of 3 166 of 189 Personnel Requests Fiscal Year 2019 Mid -year Department: Police Requested Position: • Crime Scene Specialist • Police Support Services Manager Justification: The Police Department requests to fill the Police Support Services Manager and Crime Scene Specialist positions at the City's mid -year budget cycle. The Police Department would leave vacant the Police Dispatch Supervisor and Investigative Aide positions and move the incumbents into the approved positions. In order to meet current and future challenges associated with the management of the Communications Center, Crime Analysis, Records, and the Department's Information Technology Unit the Department is requesting to fill the position of Police Support Services Manager and Crime Scene Specialist. This request includes the ability to appoint the current Police Dispatch Supervisor into the Police Support Services Manager position and current Investigative Aide into the Crime Scene Specialist position (CSS). The position of Support Services Manager has been vacant since July 2012. The management of the Communications Center, Crime Analysis, Records, and the Department's Information Technology Unit, has been assigned to multiple police lieutenants in various areas of the organizational structure. Due to the yearly rotation of Department's lieutenants the full development of each unit has fallen behind in other areas in the department. The areas most affected include: employee development, systems development and audits, technology research, acquisition and implementation. The Support Services Manager position will increase the growth of these units by providing consistent leadership by a manager who possess specific knowledge in varying systems employed, the wide ranging and differing technology used, and the local / state regulatory requirements and protocols involved in each unit. As it exists today, the department relies heavily on the units' first line supervisors to provide lieutenants with guidance / recommendations for change and/or ensure compliance. Appointing the Police Dispatch Supervisor to the Police Support Services Manager position would not increase the total of full-time employees, since the Police Dispatch Supervisor position would be left vacant. The position of Police Support Services Manager will have functional management supervision over the following units: Communications Center, Records Unit, Crime Analysis, and the department's Management Information Systems Unit. The Crime Scene Specialist (CSS) duties have been updated to better reflect Department needs, specifically in the area of technology and Body Worn Cameras. The Department was approved for the Investigative Aide position in 2016 to allow for the management of Body Worn Camera project (BWC). With the proliferation of Public Records Requests and the change to State law, 167 of 189 the BWC project has grown in scope and the Department maintains the position is best filled by Crime Scene Specialist (CSS). The CSS position would not increase the total of full-time employees, since the Police Investigative Aide position would be left vacant. Financial Impact: The Crime Scene Specialist and Police Support Service Manager positions will be replaced by the Investigative Aide and Police Dispatch Supervisor position, respectively. As a result, the Investigative Aide and Police Dispatch Supervisor positions will become vacant and unfunded. The addition of the Crime Scene Specialist and the Police Support Services manager position starting for the remainder of the fiscal year result in an additional appropriation of $6,332 as detailed below. Est. cost of Crime Scene Specialist: Est. savings of Investigative Aide Additional appropriation request: Est. cost of Police Support Service Manager: Est. savings of Police Dispatch Supervisor: Additional appropriation request: $ 27,043.40 (25,555.42) $ 1,487.98 $ 44,037.76 (39,193.66) $ 4,844.09 Total Additional Appropriation request: S 6,332.07 168 of 189 RESOLUTION NO. 2019 -- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING VARIOUS FISCAL YEAR 2019 MID -YEAR BUDGET ADJUSTMENTS WHEREAS, on June 19, 2018, the City Council of the City of National City adopted Resolution No. 2018-116, adopting the budget for Fiscal Year 2019; 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 February 19, 2019; and WHEREAS, the City Manager has recommended approval of the Mid -Year Supplemental Appropriation Requests (Exhibit "A"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby approves the Fiscal Year 2019 Mid -Year Supplemental Appropriation Requests, attached hereto as Exhibit "A", and authorizes the City Manager to make the associated adjustments to the Fiscal Year 2019 Budget. PASSED and ADOPTED this 19th day of February, 2019. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney 169 of 189 Exhibit A SUPPLEMENTAL APPROPRIATION REQUESTS Fiscal Year 2019 Appropriation Revenue Net Use of Department Appropriation Account Amount Revenue Account if Applicable Amount Fund Balance General Fund (001) City Council Professional Services 7,993 Donations State of the City Address 1,000 6,993 • Expenditures were budgeted at $18,000, and $25,992.85 was spent, requiring an appropriation increase of $7,992.85. • Revenues (donations) were budgeted at $10,000, and $11,000 was received: thus, the revenue budget should be increased by $1,000. (Beginning fund balance attributable to the State of the City Address was $13,598.38.) City Council Personnel Services 34,509 34,509 The Executive Assistant IV position in the City Council's budget was reassigned to the Housing & Economic Development (HED) department. The Personnel Services appropriation associated with the Executive Assistant IV position in the amount of $46,277 has been transferred to HED's budget. An appropriation of $34,509 is requested to establish a Personnel Services budget in the City Council's budget for the Confidential Assistant position replacing the former Executive Assistant IV position. As a result of these changes, a budgetary savings of $11,768 will be realized in the City Council's budget. City Clerk Personnel Services 4,105 4,105 Impact of MEA compensation increases. City Attorney Personnel Services 15,641 15,641 • Leave sell -back higher than budgeted ($5,959). • Impact of Confidential employee compensation increases ($6,718). • Differential pay for acting appointments higher than budgeted ($2,964). Human Resources Professional Services 8,265 8,265 Increases related to recruitment services and legal costs. Police Personnel Services 170,220 170,220 Police Crime Scene Specialist 1,488 1,488 Police Police Support Services Manager 4,844 4,844 • Net of increases and savings in various Personnel Services accounts. • The addition of a new Crime Scene Specialist and Police Support Services Manager is offset by savings from defunding the Investigative Aide and Police Dispatch Supervisor positions. If approved, an additional total appropriation of $6,332 is requested for period starting 2/26/19 through fiscal year end. 1 of 3 170 of 189 Exhibit A 8 9 10 11 12 13 15 16 17 18 19 SUPPLEMENTAL APPROPRIATION REQUESTS Fiscal Year 2019 Appropriation Revenue Net Use of Department Appropriation Account Amount Revenue Account if Applicable Amount Fund Balance Building Personnel Services 8,878 8,878 Impact of MEA compensation increases. Fire Personnel Services 649,600 Overtime Reimbursements 599,600 50,000 Fire Training, Travel & Subsistence 1,600 1,600 Fire Wearing Apparel 27,550 27,550 Fire Communication Materials 10,000 10,000 Fire Minor Equipment - Less than $5K 14,900 14,900 • The Fire department provided assistance in fighting the wildfires that occurred in various portions of the State during the first half of the fiscal year. Additional appropriations totaling $599,600 are needed to cover overtime expenses and related workers' compensation and travel expenses. These costs will be revenue offset. The remaining $50,000 is the associated overtime cost to train 5 firefighter recruits. • The replacement of 5 firefighter recruits also requires the appropriation of additional funds for training and apparel in the amounts listed. Engineering & Public Works Street Lights & Signals 30,000 30,000 The FY 19 budget for this activity was reduced from previous years based on anticipated savings from using LED lights. However, due to the delayed implementation of the planned LED lights and the installation of additional LED street and safety lights, the anticipated savings have not been realized. Housing & Economic Dev. Personnel Services 26,532 26,532 Impact of MEA compensation increases. Community Services Personnel Services 46,084 46,084 Impact of MEA compensation increase (17,156) and overtime (26,533), plus associated cost in workers' compensation (1,216) and Medicare (1,179). Non -Departmental Professional Services 74,900 74,900 Non -Departmental Facilities Upgrade - Tier 1 Project 100,000 100,000 • Professional services agreements for the recruitment of a new city manager ($24,900) and for a law firm for expertise in negotiating the deployment of small cell wireless equipment in City rights -of -way ($50,000). • Appropriation of Facilities Maintenance Reserve committed fund balance for the repair of ceiling at City Hall. General Fund - Unassigned Fund Balance General Fund - Committed Fund Balance General Fund Total 1,137,109 100,000 1,237,109 600,600 600,600 536,509 100,000 636,509 2 of 3 171 of 189 Exhibit A SUPPLEMENTAL APPROPRIATION REQUESTS Fiscal Year 2019 Appropriation Revenue Net Use of Department Appropriation Account Amount Revenue Account if Applicable Amount Fund Balance Gas Taxes Fund (109) Engineering & Public Works R&M Traffic Control Devices 40,000 40,000 ncreased CIP cost as a result of damages to light poles. Staff anticipates cost recovery from insurance settlements, however, the value of the settlement is unknown at this time. Sewer Service Fund (125) Engineering & Public Works Electricity & Gas 9,000 9,000 The pump stations located on W. 18th St. and on Tidelands Ave. malfunctioned, resulting in higher than normal energy costs. The pump stations have been repaired and are now running at normal capacity and energy usage. Nutrition Fund (166) Housing & Economic Dev. Consumable Supplies Additional consumable supplies needed due to kitchen and dishwashing repairs. 8,633 8,633 Mile of Cars Landscape Maintenance District Fund (195) Planning Maintenance & Operations 32,216 32,216 Adjustment of budget to reflect the total expenditures shown in the Engineer's report for FY 19 plus the amount of missed payment from the General Fund in FY 18. Transportation Impact Fees Fund (326) Non -Departmental Transfer To Other Fund 756,992 756,992 Non -Departmental Capital Improvement 65,000 65,000 • Transfer fund balance to the Development Impact Fees Fund to segregate public facilities development and transportation development funds in compliance with Proposition A. • Concurrently, a re -appropriation of $65,000 in capital improvement expense is recommended for budgeted expenditures previously appropriated under the Development Impact Fees Fund. Low & Moderate Income Housing Asset Fund (532) Housing & Economic Dev. Personnel Services 7,920 7,920 A management intern has been hired for part-time work (20 hrs/wk) from January 2019 thru June 2019 to analyze and assist in the implementation of policies and programs to support housing in National City. 3 of 3 172 of 189 CC/CDC-HA Agenda 2/19/2019 — Page 173 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for the off -site sale of beer and wine at an existing gas station convenience store located at 3230 National City Boulevard in the Coastal Zone. (Applicant: National City Gas and Car Wash, Inc.) (Case File 2018-27 CUP) (Planning) Please scroll down to view the backup material. 173 of 189 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: February 19, 2019 AGENDA ITEM NO. ITEM TITLE: 'Notice of Decision — Planning Commission approval of a Conditional Use Permit and Coastal Development Permit for the off -site sale of beer and wine at an existing gas station convenience store located at 3230 National City Boulevard in the Coastal Zone. (Applicant: National City Gas and Car Wash, Inc.) (Case File 2018-27 CUP) PREPARED BY: Chris Stanley DEPARTMENT: Planning PHONE: 1619-336-4381 APPROVED BY: EXPLANATION: The project applicant has applied for a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) in order to sell beer and wine for off -site consumption. The project site is an existing 2,500 square -foot gas station convenience store located at 3230 National City Boulevard. The applicant is proposing a 120 square foot "Beer Cave" that will house refrigerated beer and a single shelf of aisle space to house non -refrigerated wine. The Planning Commission conducted a public hearing on February 4, 2019 on the project. The Commissioners asked questions regarding business operations and employment. The Commission voted to approve the CUP and CDP based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Quintero, DelaPaz, Flores, Yamane, Sendt, Baca Absent: Garcia ATTACHMENTS: 1. Overhead 3. Resolution No. 2019-02 2. Planning Commission Staff Report 4. Reduced Plans 174 of 189 2018-27 CUP, CDP — 3230 National City Blvd. — Overhead ATTACHMENT 1 1 175 of 189 Title: Item no. 3 February 4, 2019 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT PUBLIC HEARING — CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE OFF -SITE SALE OF BEER AND WINE (TYPE 20) AT AN EXISTING GAS STATION CONVENIENCE STORE LOCATED AT 3230 NATIONAL CITY BOULEVARD IN THE COASTAL ZONE. Case File No.: 2018-27 CUP, CDP Location: Northwest corner of 331-d Street and National City Boulevard Assessor's Parcel No.: 562-330-42 Staff report by: Chris Stanley, Acting Assistant Planner Applicant: National City Gas and Car Wash, Inc. Combined General Plan/ ML-PD-CZ (Light Manufacturing / Planned Development Coastal Zone Overlay) Zoning designation: Adjacent land use/zoning: North: Hyundai Auto Dealership / CA-PD-CZ (Commercial Automotive / Planned Development Coastal Zone Overlay) East: Keystone Trailer RV Park / CA-PD-CZ South: Interstate 54 freeway / OS -CZ (Open Space -- Coastal Zone) West: Light Industrial / ML-PD-CZ Environmental review: Not a project per California Environmental Quality Act (CEQA) Staff Recommendation: Approve ATTACHMENT 2 2 176 of 189 Planning Commission Meeting of February 4, 2019 Page 2 Staff Recommendation Staff recommends approval of a Conditional Use Permit (CUP) and Coastal Development Permit (CDP) for the off -site sale of beer and wine at an existing gas station convenience store. The use is conditionally allowed in the ML (Light Manufacturing) zone and there are no sensitive uses in the vicinity. Executive Summary The project applicant has applied for a CUP and CDP for the off -site sale of beer and wine at an existing gas station convenience store 2,502 square -feet in size located at 3230 National City Boulevard. A Coastal Development Permit is required for any Discretionary Permit within the Coastal Zone Overlay. History The site was previously approved for a Planned Development Permit (PDP) and CDP to construct a gas station, convenience store, and an express carwash (2016-16 PD, CDP, IS). The gas station has 16 fueling stations, 10 employees, and operates 24 hours per day. The size of the property is 27,165 square feet and the building housing the convenience store and car wash is 4,409 square feet in size. Proposed Use The applicant is proposing the off -site sale of beer and wine. The beer will be displayed in a "Beer Cave" approximately 120 square feet in size and the wine will be displayed on a single shelf in front of the `Beer Cave" (see Exhibit "A" of the applicant's plans). The applicant is requesting alcohol sales between the hours of 6:00 a.m. and 10:00 p.m. daily. Analysis The project site is at the northwest corner of 33rd Street and National City Boulevard in the Coastal Zone. The lot is shown on the current zoning map as being in the Light Industrial (IL) zone, and also within the Coastal Zone. The most recent Land Use Code Update is not active in the Coastal Zone. This is due to the fact that the necessary changes in the City's Local Coastal Plan have not been completed. Therefore, the City's previous zoning would generally apply. In this case the zone would have been ML-CZ (Light Manufacturing — Coastal Zone) — essentially the same zone. A discretionary permit (CUP) triggers the need for a CDP. As part of this discretionary review, the Planning Commission must find that granting of a CDP is consistent with and implements the Certified Local Coastal Program. The project is compliant with this 3 177 of 189 Planning Commission Meeting of February 4, 2019 Page 3 finding in that it involves a service use, which is conditionally -allowed in the ML-CZ zone, and will not prohibit coastal access or obstruct views. Beer and wine sales Section 18.30.050 of the Land Use Code (LUC) allows for on -site alcohol sales with an approved CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. Proposed hours of operation are 6:00 a.m. to 10:00 p.m. daily. A condition is included to require that coolers with alcohol be locked outside of approved sales hours. Mailing All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP applications. Notice of this public hearing was sent to 14 occupants and owners. Community Meeting The applicant for a CUP involving the sale of alcohol is required to hold a community meeting pursuant to Section 18.30.050 (C) of the LUC. Such a meeting was held on Friday, November 16, 2018 at 10:00 a.m. at the subject location. The meeting advertisement is attached. There were no community members in attendance. Distance Requirements Chapter 18.030.050 (D) requires a 660-foot distance from sensitive uses such as schools. However, no schools are nearby. The nearest school is Sweetwater High School, which is over 1,600 feet away. Alcohol Sales Concentration/Location Per The California Department of Alcoholic Beverage Control (ABC), there are currently five off -sale permits issued in the subject census tract (219). These permits are: Name Address License Type* CUP Arco Gas Station 133 W 8ch St. 20 Yes Valero Gas Station 10 Osborne St. 20 Yes One Ten Liquor & Market 110 National City Blvd. 21 No Big B Market 1540 Coolidge Ave. 20 No Cozine's Grocery 402 Civic Center Dr. 21 Yes * Type 20 - Off -Sale Beer and Wine 4 178 of 189 Planning Commission Meeting of February 4, 2019 Page 4 Type 21 - Off -Sale General Two of the off -sale licenses are gas stations, and the other three are markets. The attached census tract map shows the location of the subject tract. ABC recommends that a total of four off -sale alcohol permits be issued in this census tract, where five exist. A CUP for alcohol was recently approved for the property located at 724 Civic Center Dr., which is also proposed to be a gas station. Although the census tract is considered to be over -concentrated, the licenses are spread out over a large geographic area. Census tract 219 is comprised of the whole west side of the City from National City Blvd. to San Diego Bay, which is by far the largest in the City. With a population of 6,816 (as of August 2018) it is also the most populous. However, this census tract is more than three times the size of the next most populous tract (117), which has a population of 6,773. Therefore, because of the large size and low population density, census tract 219 is an anomaly compared to the rest of the City and experiences fewer issues associated with overconcentration of alcohol licenses. Police Department (PD) PD provided a Risk Assessment report on the property. The assessment assigns points based on the type of business, license concentration, and calls for service (among others) and ranks the business according to potential risk (low, medium, or high). In this case, the property received 14 points, which would indicate a medium risk (13-18 points). The Risk Assessment is attached. Institute for Public Strategies (IPS) IPS had no comments for this project. Findings for Approval As mentioned earlier, the Coastal Zone adheres to the previous Municipal Code, which contains required findings for CUPs. There are four required findings, five when the project also involves a CDR 1. That the site for the proposed use is adequate in size and shape. The site is already an existing business, with the only change being the additional sale of alcohol in the market portion of the gas station. 5 179 of 189 Planning Commission Meeting of February 4, 2019 Page 5 2. That the site has sufficient access. The addition of alcohol sales is not expected to alter the number of trips to the site; therefore, access shall not change from its existing conditions. 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties. The project is a use consistent with the ML zone description in the General Plan and will be subject to conditions of approval that ensure safe operation of the business. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. Beer and wine sales will contribute to the viability of the gas station convenience store, an allowed use in the ML zone. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they purchase other products, eliminating the need to visit multiple locations, thus reducing vehicle trips. 5. That the granting of this CUP is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves a service use, which is conditionally -allowed in the ML-CZ zone, and will not prohibit coastal access or obstruct views. There is an additional condition of approval related to California Environmental Quality Act (CEQA) compliance: 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project is not a project per the (CEQA). 6 180 of 189 Planning Commission Meeting of February 4, 2019 Page 6 7. That based on findings 1 through 6 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. Findings for denial There are also three findings for denial included with this application: 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The census tract in which the subject property is located is currently over -concentrated with regard to off -sale alcohol outlets. Five off -sale outlets are permitted where four are recommended by the ABC. In addition, the area has a high crime rate. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity. There are five other off -sale alcohol outlets located in the same census tract as the subject property where alcohol can be purchased, two of which are also gas stations. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law Conditions of Approval Standard conditions of City Council Policy 707 (Alcohol Beverage License Application Review Process and Alcohol Conditional Use Permit Standards), referring to the off -site sale of alcohol, are included as a condition of approval. Summary Although retail is a conditionally -permitted use in the ML zone, the sale of alcohol requires a CUP as well as a CDP. The project is not only consistent with the Genera! Plan and Local Coastal Plan, but the area in which the business would be located is removed from sensitive uses and has ample access to accommodate the proposed uses on site. As a result, the use is not expected to create any significant impacts. Alcohol sales are consistent with other commercial businesses in the census tract, including two gas 7 181 of 189 Planning Commission Meeting of February 4, 2019 Page 7 stations. The business will also be subject to standard conditions of approval along with those in Council policy 707 related to off -site alcohol sales. Furthermore, the proposed use will be subject to conditions that limit the sale of alcohol and restrict the hours that it will be available. Options 1. Approve 2018-27 CUP, CDP subject to the conditions listed below, based on attached findings; or 2. Deny 2018-27 CUP, CDP based on attached findings and findings to be determined by the Planning Commission; or, 3. Continue the item for additional information. Attachments 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Applicant's Plans (Exhibit A, Case File No. 2018-27 CUP, CDP, dated 11/26/2018) 5. Community meeting advertisement 6. PD comments 7. Census Tract and Police Beat maps 8. Public Hearing Notice (Sent to 14 property owners and occupants) 9. Resolutions 4,_ /<---- ..,„ CHRIS STANLEY RAYMOND PE Acting Assistant Planner Acting Planning Director 8 182 of 189 RESOLUTION NO. 2019-02 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT AND COASTAL DEVELOPMENT PERMIT FOR THE OFF -SITE SALE OF BEER AND WINE (TYPE 20) AT AN EXISTING GAS STATION CONVENIENCE STORE LOCATED AT 3230 NATIONAL CITY BOULEVARD IN THE COASTAL ZONE APPLICANT: NATIONAL CITY GAS AND CAR WASH INC. CASE FILE NO, 2018-27 CUP, CDP APN: 562-330-42 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit and Coastal Development Permit for a gas station convenience store with off -sale beer and wine to be located at 3230 National City Boulevard in the Coastal Zone at a duly advertised public hearing held on February 4, 2019, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2018-27 CUP, CDP maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on February 4, 2019, support the following findings: 1. That the site for the proposed use is adequate in size and shape, because the site. is already an existing business, with the only change being the additional sale of alcohol in the market portion of the gas station. 2. That the site has sufficient access. The addition of alcohol sales is not expected to alter the number of trips to the site, therefore access shall not change from its existing conditions. ATTACHMENT 3 9 183 of 189 3. That the proposed use will not have an adverse effect upon adjacent or abutting properties, because the project is a use consistent with the ML zone description in the General Plan and will be subject to conditions of approval that ensure safe operation of the business. 4. That the proposed use is deemed essential and desirable to the public convenience or welfare. Beer and wine sales will contribute to the viability of the gas station convenience store, an allowed use in the ML zone. Alcohol sales would also add to the convenience of the consumer, in that customers would be able to purchase alcohol at the same outlet that they are purchasing other products and not needing to visit multiple locations for their needs, thus reducing vehicle trips. 5. That the granting of this CUP is consistent with and implements the Certified Local Coastal Program. The project is compliant with this finding in that it involves a service use, which is conditionally -allowed in the ML-CZ zone, and will not prohibit coastal access or obstruct views. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act. The proposed project is not a project per the California Environmental Quality Act (CEQA). 7. That based on findings 1 through 6 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit and Coastal Development Permit is approved subject to the following conditions: General 1. This Conditional Use Permit and Coastal Development Permit authorize the off -site sale of beer and wine. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2018-27 CUP, CDP, dated 11/26/2018. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. 10 184 of 189 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Land Use Code. 4. Before this Conditional Use Permit and Coastal Development Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit and Coastal Development Permit. The applicant shall also submit evidence to the satisfaction of the City Manager or designee that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit and Coastal Development Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the City Manager or designee prior to recordation. Planning 5. Alcohol sales shall be limited to the hours of 6:00 a.m. to 10:00 p.m. daily. 6. Coolers containing alcohol products shall be locked and made inaccessible to the public between the hours of 10:00 p.m. and 6:00 a.m. 7. The sale of beer or malt beverages in quantities of quarts, 22-ounce, 32-ounce, 40- ounce, or similar size containers is prohibited. 8. No beer products shall be sold of less than manufacturer's pre -packaged three -pack quantities of 24 ounce cans per sale. There shall be no sale of single cans or bottles. 9. No sale of wine shall be sold in containers of less than 750 milliliters. The sale of wine with an alcoholic content greater than 15% by volume is prohibited. 10. Flavored malt beverages, also known as premium malt beverages and flavored malt coolers, and sometimes commonly referred to as wine coolers, may be sold only by four -pack or other manufacturer's prepackaged multi -unit quantities. 11.The consumption of alcoholic beverages is prohibited on the subject premises, and on all parking lots and outbuildings and any property or adjacent property under the control of the applicant. 12.All cups and containers shall be sold at or above prevailing prices and in their original multi -container packages of no fewer than 12, and no cups and containers shall be given free of charge. 11 185 of 189 13. Ice may be sold only at or about prevailing prices in the area and in quantities of not less than three pounds per sale. Ice shall not be provided free of charge. 14. Permittee shall post signs on the exterior building walls in compliance with Chapter 10.30.070 of the National City Municipal Code. Additionally, the permittee shall post signs, to be approved by the Planning Department, at each entrance to the applicant's premises and parking lot, prohibiting loitering and consumption of alcohol on the premises and adjacent property under his control. Said signs shall not be less than 17 by 22 inches in size, with lettering not less than one inch in height. The signs shall read as follows: a. "No open alcoholic beverage containers are allowed on these premises." b. "No loitering is allowed." 15. Beer and wine may not be stored on the premises, after being sold to patrons, for the purpose of later consumption. 16. Exterior advertising and signs of all types, promoting or indicating the availability of alcoholic beverages, including advertising/signs directed to the exterior from within, are prohibited. Interior displays of alcoholic beverages and signs, which are clearly visible to the exterior, shall constitute a violation of this condition. 17. The quarterly gross sales of alcoholic beverages shall not exceed the gross sales of all other commodities during the same period. The applicant shall at all times keep records which reflect separately the gross sales of alcoholic beverages and the gross sales of all other items. Said records shall be kept no less frequently than on a quarterly basis and shall be made available to the City Finance Department and any Peace Officer of the California Department of Alcoholic Beverage Control upon demand. 18.AII sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a City business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 12 186 of 189 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of February 4, 2019, by the following vote: AYES: NAYS: Quintero, Baca,.Sendt, Yamane, Flores, Bela Paz None. ABSENT: Garcia ABSTAIN: None. 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