HomeMy WebLinkAboutDraft Agenda Packet 09-17-19 CC HA Agenda (4)AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/
COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF
THE CITY OF NATIONAL CITY
CALIFORNIA
NATIONAL OI
J337
�ACORPORATED
ALEJANDRA SOTELO-SOLIS
Mayor
RON MORRISON
Vice Mayor
JERRY CANO
Councilmember
GONZALO QUINTERO
Councilmember
MONA RIOS
Councilmember
1243 National City Blvd.
National City, CA 91950
619-336-4240
Meeting agendas and
minutes available on web
WWW.NATIONALCITYCA. GOV
COUNCIL CHAMBERS
CIVIC CENTER
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY, CALIFORNIA
TUESDAY, SEPTEMBER 17, 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
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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.
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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. 232 Anniversary of Constitution
2. Metropolitan Transit System (MTS) Free Ride Day
3. Latino Heritage Month
4. Sweetwater Authority Recognition
AWARDS AND RECOGNITIONS
5. Employee of the Quarter 2019 - Angie Elizondo, Housing Specialist.
(Housing)
PRESENTATIONS
6. EXOS executive summary for Las Palmas Pool operations during fiscal
year 2019. (Community Services)
7. An update on the selection process for issuing a Request for Proposals
that pledges funding to support the operation of Paradise Creek
Educational Park Community Garden (Jorge Riquelme, Senior Vice
President, Community HousingWorks)
INTERVIEWS / APPOINTMENTS
8. Boards and Commissions Attendance 2018 - 2019. (City Clerk)
REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME
LIMIT)
CONSENT CALENDAR
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9. Motion of the City Council of the City of National City approving the
waiving of the reading of the text of the Ordinances or Resolutions that are
having a Public Hearing considered at this meeting and providing that
such Ordinances or Resolutions shall be introduced and/or adopted after a
reading of the title only. (City Clerk)
10. Resolution of the City Council of the City of National City authorizing the
installation of a blue curb disabled persons parking space with sign in front
of the residence located at 1011 "R" Avenue (TSC No. 2019-08).
(Engineering/Public Works)
11. Resolution of the City Council of the City of National City: 1) approving the
acceptance of the California Library Literacy Services (CLLS) Grant in the
amount of $18,000 to fund the National City Public Library's Literacy
Services Program for FY2020; and 2) authorizing the establishment of a
Library Grant Fund appropriation in the amount of $18,000 and
corresponding revenue budget. (Library)
12. Resolution of the City Council of the City of National City authorizing the
Mayor to execute a Second Amendment to the Agreement between the
City of National City and Claims Management Associates, Inc., for liability
risk management, claims adjusting, and investigation services beginning
April 1, 2019 through June 30, 2021 in an amount not to exceed $160,000,
with the option to extend the agreement for one-year terms under the City
Managers authority. (City Attorney)
13. Resolution of the City Council of the City of National City 1) approving the
first amendment to the agreement with Phase II Systems dba Public
Agency Retirement Services with a mutual indemnity and hold harmless
provision for other post -employment benefits trust administration services
for the period September 18, 2019 through December 31, 2020, 2)
approving the amended adoption agreement for the Public Agencies Post -
Employment Benefits Trust Agreement, and 3) authorizing the city
manager to execute the documents. (Finance)
14. Resolution of the City Council of the City of National City approving the
amendment of City Council Policy # 201, Maintenance of Reserves, to
establish an irrevocable other post -employment benefits (OPEB) trust
reserve. (Finance)
15. Temporary Use Permit — St. Mary's Annual Fall Festival hosted by St.
Mary's Catholic Church on Sunday, October 6, 2019 at the parish grounds
located between E. 8th Street and "E" Avenue from 7 a.m. to 7 p.m. with
no waiver of fees. (Neighbohood Services)
16. Warrant Register #6 for the period of 7/31/19 through 8/6/19 in the amount
of $1,948,779.46. (Finance)
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17. Warrant Register #7 for the period of 8/7/19 through 8/13/19 in the amount
of $6,497,061.92. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS
NON CONSENT RESOLUTIONS
18. Resolution of the City Council of the City of National City, 1) awarding a
contract to Blue Pacific Engineering & Construction in the amount of
$957,028.89 for the Sweetwater River Bikeway Connections/30th Street
Bicycle Facilities Improvements Project, CIP No. 18-14; 2) authorizing a
15% contingency in the amount of $143,554.33 for any unforeseen
changes; 3) authorizing the Mayor to execute the contract; and 4)
authorizing the establishment of an Engineering Grants Fund
appropriation of $889,000 and corresponding revenue budget.
(Engineering/Public Works)
NEW BUSINESS
19. Report to the City Council to discuss potential commercial cannabis
activity which may be permitted and provide direction to staff. (City
Manager)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY
CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY
NON CONSENT RESOLUTIONS - HOUSING AUTHORITY
NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS
STAFF REPORTS
MAYOR AND CITY COUNCIL
CLOSED SESSION REPORT
ADJOURNMENT
Regular Meeting of the City Council and Community Development
Commission - Housing Authority of the City of National City - Tuesday -
October 1, 2019 - 6:00 p.m. - Council Chambers - National City, California
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The following page(s) contain the backup material for Agenda Item: 232 Anniversary of
Constitution
Please scroll down to view the backup material.
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Item #
09/17/19
232 ANNIVERSARY OF CONSTITUTION
Proclamation Forthcoming
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The following page(s) contain the backup material for Agenda Item: Metropolitan Transit
System (MTS) Free Ride Day
Please scroll down to view the backup material.
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Item #
09/17/19
METROPOLITAN TRANSIT SYSTEM (MTS) FREE RIDE DAY
Proclamation Forthcoming
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The following page(s) contain the backup material for Agenda Item: Latino Heritage
Month
Please scroll down to view the backup material.
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Item #
09/17/19
LATINO HERITAGE MONTH
PROCLAMATION FORTHCOMING
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The following page(s) contain the backup material for Agenda Item: Sweetwater
Authority Recognition
Please scroll down to view the backup material.
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Item #
09/17/19
SWA RECOGNITION
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The following page(s) contain the backup material for Agenda Item: Employee of the
Quarter 2019 - Angie Elizondo, Housing Specialist. (Housing)
Please scroll down to view the backup material.
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CALIFORNIA
NATIONAL (airy
INCORPORATED
CITY OF NATIONAL CITY
MEMORANDUM
DATE: September 3, 2019
TO: Brad Raulston, City Manager
FROM: Robert J. Meteau, Jr., Human Resources Director
SUBJECT: EMPLOYEE OF THE QUARTER PROGRAM
The Employee Recognition Program communicates the City's appreciation for outstanding
performance. In doing so, it recognizes employees who maintain high standards of personal
conduct and make significant contributions to the workplace and community
The employee to be recognized for the 3rd Quarter of calendar year 2019 is:
Angie Elizondo — Housing Specialist
By copy of this memo, the employee is invited to attend the Council meeting on Tuesday,
September 17th, 2019 to be recognized for her achievement and service.
Attachment
cc: Angie Elizondo
Marta Rios — Housing Programs Manager
Carlos Aguirre — Director of Housing
Mayor's Confidential Assistant
Human Resources — Office File
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CALIFORNIA
NATIONAL Clint
INCO V �.J MATED
Performance Recognition Award
Nomination Form
RECEIVED
AUG 072019
CITY OF NATIONAL CITY
HUMAN RESOURCES DEPARTMENT
I nominate Angie Elizondo, Housing Specialist
for the Performance Recognition Award for the following reasons:
Please state reason why your nominee should receive an award, (i.e., examples
of service beyond requirements of position, exemplary service to the public,
outstanding job performance, etc). Do not to exceed 150 total words. Please be
as specific as possible when giving your examples.
Angie Elizondo, Housing Specialist with Section 8 Housing since 1992. She's
a great asset to our Housing Agency team. We recognize her for her
professional and efficient services to the National City Housing . Ms. Elizondo is
able to carry a caseload management of 250+ participants annually, meeting all
HUD deadlines. She's always able to manage difficult situations with clients by
utilizing her patience and compassion which results in participants' acceptance &
understanding of the Program requirements. She regularly goes out of her way
to accommodate client's needs and to resolve difficult housing related issues.
She's a team player who is loved by everyone. It's been a pleasure working with
her side by side throughout all these years.
FORWARD COMPLETED NOMINATION TO:
National City Performance Recognition Program
Human Resources Department
Nominatecj b :
fr
Signature:
Marta Rios
l
Date: ' (✓/
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The following page(s) contain the backup material for Agenda Item: EXOS executive
summary for Las Palmas Pool operations during fiscal year 2019. (Community Services)
Please scroll down to view the backup material.
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Item #
9/17/19
EXOS executive summary for Las Palmas Pool operations during
fiscal year 2019. (Community Services)
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The following page(s) contain the backup material for Agenda Item: An update on the
selection process for issuing a Request for Proposals that pledges funding to support the
operation of Paradise Creek Educational Park Community Garden (Jorge Riquelme,
Senior Vice President, Community HousingWorks)
Please scroll down to view the backup material.
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Item #
09/17/19
An update on the selection process for issuing a Request for
Proposals that pledges funding to support the operation of
Paradise Creek Educational Park Community Garden
Jorge Riquelme
Senior Vice President
Community HousingWorks
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The following page(s) contain the backup material for Agenda Item: Motion of the City
Council of the City of National City approving the waiving of the reading of the text of
the Ordinances or Resolutions that are having a Public Hearing considered at this meeting
and providing that such Ordinances or Resolutions shall be introduced and/or adopted
after a reading of the title only. (City Clerk)
Please scroll down to view the backup material.
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Item #
09/17/19
MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL
CITY APPROVING THE WAIVING OF THE READING OF THE
TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE
HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING
AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS
SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING
OF THE TITLE ONLY.
(City Clerk)
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The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City authorizing the installation of a blue curb
disabled persons parking space with sign in front of the residence located at 1011 "R"
Avenue (TSC No. 2019-08). (Engineering/Public Works)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City authorizing the installation of a blue curb
disabled persons parking space with sign in front of the residence located at 1011 R Avenue (TSC No.
2019-08).
PREPARED BY: Carla Hutchinson, Assistant Engineer - CiviIC. i. DEPARTMENT: Engineering/Public Work
PHONE: 619-336-4388 APPROVED BY:
EXPLANATION:
See attached.
FINANCIAL STATEMENT:
ACCOUNT NO.
1N/A
ENVIRONMENTAL REVIEW:
N/A
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Adopt Resolution authorizing installation of a blue curb disabled persons parking space with sign in front of the
residence located at 1011 R Avenue.
BOARD / COMMISSION RECOMMENDATION:
At their meeting on August 21, 2019, the Traffic Safety Committee approved staff's recommendation to install a
blue curb disabled persons parking space with sign in front of the residence located at 1011 R Avenue.
ATTACHMENTS:
1. Explanation
2. Staff Report to the Traffic Safety Committee on August 21, 2019 (TSC No. 2019-08)
3. Resolution
I24of17'1
EXPLANATION
Mrs. Madeline Heinrich, resident of 1011 R Avenue, has requested a blue curb disabled
persons parking space in front of her residence. The resident possesses a valid
disabled persons placard from the California Department of Motor Vehicles. Mrs.
Heinrich's daughter, Mrs. Regena Heinrich, stated that it is difficult for her to find parking
in front of her property due to the high demand of parking in the area and that a
disabled persons parking space in front of her house would provide easier access to the
house for her mother.
Staff visited the site and observed that Mrs. Heinrich's residence has a driveway and
garage. With her permission and supervision, staff measured the driveway and the
garage. The driveway is 30 feet long by 14 feet wide with a slope of approximately 4%,
The Americans with Disabilities Act (ADA) requires that the slope be 2% or less, to
accommodate a vehicle with a disabled driver or passenger.
The garage is 18 feet long by 8 feet wide with a negligible slope. The minimum
dimension for a garage or driveway to accommodate a vehicle with a disabled driver o'
passenger is 20 feet long by 12 feet wide.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy
requirements for "Special Hardship" cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard
for "disabled persons" or "disabled veterans". This condition is met.
2. The proposed disabled parking space must be in front (or side if on a comer lot)
of the applicant's (or guardian's) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is
met, since the slope of the applicant's driveway is greater than 2%, which does
not meet ADA standards, and the garage does not meet the minimum
dimensions to park a disabled driver's vehicle.
This item was presented to the Traffic Safety Committee on August 21, 2019. No onW
was in attendance to speak in support of the blue curb disabled persons parking space;
Staff presented the results of the site evaluation and after discussion, the Traffic Safety
Committee voted to approve staffs recommendation to install a blue curb disabled
persons parking space with sign, since all three conditions of the City Council Disabled
Persons Parking Policy for "Special Hardship" cases are met.
The applicant was informed that handicap parking spaces do not constitute "personal
reserved parking" and that any person with valid "disabled persons" license plates or
placards may park in handicap spaces.
If approved by City Council, all work will be performed by City Public Works
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Location Map with Recommended Enhancements (TSC Item: 2019-08)
Street.
Driveway for 1011
R Avenue
1
•
Proposed blue curb
disabled persons
parking space
PARKING
ONLY
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ITEM TITLE:
2
NATIONAL CITY TRAFFIC SAFETY COMMITTEE
AGENDA REPORT FOR AUGUST 21, 2019
REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED
PERSONS PARKING SPACE WITH SIGNAGE IN FRONT OF THE
RESIDENCE AT 1011 R AVENUE
PREPARED BY: Carla Hutchinson, Assistant Engineer — Civil
Engineering & Public Works Department
DISCUSSION:
Mrs. Madeline Heinrich, resident of 1011 R Avenue, has requested a blue curb disabled
persons parking space in front of her residence. The resident possesses a valid disabled
persons placard from the California Department of Motor Vehicles. Mrs. Heinrich's daughter,
Mrs. Regena Heinrich stated that it is difficult for her to find parking in front of her property
due to the high demand of parking in the area and that a disabled persons parking space in
front of her house would provide easier access to the house for her mother.
Staff visited the site and observed that Mrs. Heinrich's residence has a driveway and garage.
With her permission and supervision, staff measured the driveway and the garage. The
driveway is 30 feet long by 14 feet wide with a slope of approximately 4%. In order to
accommodate a vehicle with a disabled driver or passenger, the slope must be 2% or less.
The garage is 18 feet long by 8 feet wide with a negligible slope. The minimum dimension
for a garage or driveway to accommodate a vehicle with a disabled driver or passenger is 20
feet long by 12 feet wide. These two conditions are not met since the dimension of the garage
and slope of driveway do not meet the minimum parking requirements for disabled persons.
The City Council has adopted a policy which is used to evaluate requests for disabled
persons parking spaces. The City Council Disabled Persons Parking Policy requirements for
"Special Hardship" cases are as follows:
1. Applicant (or guardian) must be in possession of valid license plates or placard for
"disabled persons" or "disabled veterans". This condition is met.
2. The proposed disabled parking space must be in front (or side if on a corner lot) of
the applicant's (or guardian's) place of residence. This condition is met.
3. The residence must not have useable off-street parking available or an off-street
space available that may be converted into disabled parking. This condition is met.
It shall be noted that disabled persons parking spaces do not constitute "personal reserved
parking" and that any person with valid "disabled persons" license plates or placards may
park in handicap spaces.
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STAFF RECOMMENDATION:
Since all three conditions of the City Council Disabled Persons Parking Policy for "Special
Hardship" cases are met, staff recommends the installation of a blue curb disabled persons
parking space with signage in front of the residence at 1011 R Avenue.
EXHIBITS:
1, Public Request Form
2. Public Notice
3. Location Map
4. Photos
5. City Council Disabled Persons Parking Policy
2019-08
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t
REQUEST FOR BLUE CURB (DISABLED PERSONS PARKING SPACE
i l �
NAME OF DISABLED PERSON; I Y, 4- R ,c:i
NAME OF REPRESENTATIVE FOR DISABLED PERSON (if different fro,rn above);
ADDRESS: 0 ! \ a, v
EMAIL:
PHONE NUft BgR:
Please answer the following questions, which will assist Engineering staff, the Traffic Safety
Committee, and your City Council in determining If you are qualified to have a blue curb disabled
persons parking space placed in front of your residence, Please be informed that all blue curb parking
paces are considered public parking. Therefore, any registered vehicle (rt possession of a disabled
persons placard or license plate Is legally allowed to park In the blue curb space for up to 72
continuous hours,
1} Do you possess a valid disabled person's.placaod issued by the California Department of
Motor Vehicles (DMV)? E NO
if YES, please Include a copy of the placard, which contains your name, address,
placard number, and expiration data,
2) Does your residence have a garage?
If YES, is the garage large enough to park a vehicle
(minimum of 20' x 12')
3} Does your residence have a driveway?
If YES, a} is the driveway large enough to park a vehicle?
(minimum of 20' x 12') •
b) Is the driveway lever
e) Is the driveway sloped/Inclined?
4) Please write any additional comments here (optional},
27ES TINO
YES
AYES
NO
NO
NO
NO
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DEPARTMENT OF MOTOR VEHICLES
DISABLED PERSON
PLACARD IDENTIFICATION
CARDIRECEIPT
PLACARD NUMBER:
EXPIRES: 06/30/2021
DATE iSSUED:
g.11.s identification card or facsimile copy is to be carried by the placard 13wrie5i. Present it to any
peace oracer upon demana. notifY DMV tivT11.01„anY Ph!:dge of address. When
parking, hang the placard from the rear new Mirror, remove it from the mirror when driving..
TYPE: TV: CO:
DOB:
ISSUED TO
HEINRICH MADELINE
1031I R AVE
:NATIONAL CITY CA 91950
Purchase of fuel
(Business & Professions Code 13660):
State law requires service stations to refuel a
disabled person's vehicle at self-service rates,
except self-service facilities with only one cashier.
When your placard is properly displayed5
you may park in or on;
* Disabled person parking spaces (blue zones)
* Street rr,stered zorms without paying.
* Green zones without restrictions to time limits.
't Streets where preferential parking privileges are given to
-residents and merchants.
You may not in or on:
* Red, Yellow, White or Tow Away Zones.
• Cros#iatch marked spaces next to disabled person
parktng spas.
It is considered misuse to:
• DiSPlay.a placard unless the disabled owner is being
•tratsported.
Dispigy a placard which has been cancelled or revoked.
your placard to anyone, including family members.
•
•- is a misdemeanor (section 4461VC) and can
result in cancellation or revocation of the placard, toss
of parking privileges, and/or fines.
034
DPM100 Ra441141)
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August 14, 2019
Resident/Property Owner
:e11,1IFORNinv;-
NAT:IxOscoNA,
Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2019-08
REQUEST FOR INSTALLATION OF A BLUE CURB DISABLED PERSONS
PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE LOCATED
AT 1011 R AVENUE
Dear Sir/Madame:
The City of National City would like to invite you to our next public Traffic Safety
Committee Meeting scheduled for Wednesday, August 21, 2019, at 1:00 P.M. in the
2nd Floor Large Conference Room of the Civic Center Building, 1243 National City
Boulevard, to discuss the above -referenced item.
The City Hall is ADA compliance. Please note that there are two disabled persons
parking spaces in front of City Hall on the east side of National City that provide direct
access on the 2nd Floor of City Hall via a pedestrian bridge.
If you have any questions, comments, and/or concerns, please contact the Engineering
Department at 619-336-4380 and reference Traffic Safety Committee Item Number
2019-08.
Sincerely,
Stephen Manganiello
City Engineer
SM:ch
Enclosure: Location Map
2019-08
1234 National City Boulevard, National City, CA 91950-6530
(619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov
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driveway is
approximately 4%.
Location of proposed blue curb disabled persons parking space in front of 1011 R Avenue (looking southeast)
Location of proposed blue curb disabled persons parking space in front of 1011 R Avenue (looking east)
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DISABLED PERSONS PARKING POLICY
The purpose of a disabled persons parking zone is to provide designated parking spaces at
major points of assembly for the exclusive use of physically disabled persons whose
vehicle displays a distinguishing license plate as authorized by the California Department
of Motor Vehicles.
The City Council may upon recommendation of the City Engineer, designate specially
marked and posted on -street parking spaces for disabled persons pursuant to California
Vehicle Code 21101, et seq. at the following facilities:
1. Government buildings serving the public such as administration buildings,
public employment offices, public libraries, police stations, etc.
2. Hospitals and convalescent homes with more than 75-bed capacity.
3. Medical facilities and doctors' offices staffed by a maximum of five
practitioners. Zones shall be located to serve a maximum number of
facilities on one block.
Community service facilities such as senior citizens service centers, etc.
5. Accredited vocational training and educational facilities where no off-
street parking is provided for disabled persons.
6. Employment offices for major enterprises employing more. than 200
persons.
Public recreational facilities including municipal swimming pools,
recreation halls, museums, etc.
Public theaters, auditoriums, meeting halls, arenas, stadiums with more
than 300 seating capacity.
9. Other places of assembly such as schools and churches.
10. Commercial and/or office building(s) with an aggregate of more than
50,000 square feet of usable floor space. Zone shall be located to serve a
maximum number of facilities on one block.
11. Hotels catering to daily guests, maintaining a ground floor lobby and a
switchboard that is operated 24 hours per day.
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12. A hotel or apartment house catering to weekly or monthly guests and
containing more than 30 separate living units.
In addition, disabled persons parking spaces may be provided within all publicly owned,
leased or controlled off-street parking facilities as specified in the General Requirements.
General Requirements
Each disabled persons parking space shall be indicated by blue paint and a sign
(white on blue) showing the international symbol of accessibility (a profile view of a
wheelchair with occupant).
Where installed under the above criteria the total number of disabled persons curb
parking spaces will be limited to 3% of the total number of on -street parking spaces
available in the area and shall be distributed uniformly within the area.
Disabled persons parking will not be installed at locations with a full-time parking
prohibition. When a disabled persons parking zone is installed where a part-time parking
prohibition is in effect, the disabled persons parking zone will have the same time
restrictions as the part-time parking prohibition.
The cost of installing disabled persons parking will be assumed by the City on
public streets and public off-street parking facilities.
In establishing on -street parking facilities for the disabled there shall be a
reasonable determination made that the need is of an on -going nature. The intent is to
prevent the proliferation of special parking stalls that may be installed for a short-term
purpose but later are seldom used. Unjustified installation of such parking stalls
unnecessarily increases the City's maintenance and operations costs, reduce available on -
street parking for the general public, and detract from the overall effectiveness of the
disabled persons parking program.
Snecial Hardship Cases
It is not the intention of the City to provide personal reserved parking on the
public right jof way, especially in residential areas. However, exceptions may be made,
in special hardship cases, provided all of the following conditions exists:
(1)
(2)
Applicant (or guardian) must be in possession of valid license plates for
"disabled persons" or "disabled veterans."
The proposed disabled parking space must be in front of the applicant's
(or guardian's) place of residence.
34 of 171
(3)
Subject residence must not have useable off-street parking available or
off-street space available that may be converted into disabled parking.
NOTE:It must be emphasized that such parking spaces do not constitute "personal
reserved parking" and that any person with valid "disabled persons" License plates may
park in the above stalls.
Jha:p
35 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 36
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City: 1) approving the acceptance of the California
Library Literacy Services (CLLS) Grant in the amount of $18,000 to fund the National
City Public Library's Literacy Services Program for FY2020; and 2) authorizing the
establishment of a Library Grant Fund appropriation in the amount of $18,000 and
corresponding revenue budget. (Library)
Please scroll down to view the backup material.
36 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City: 1) approving the acceptance of the California Library
Literacy Services (CLLS) Grant in the amount of $18,000 to fund the National City Public Library's Literacy
Services Program for FY2020; and 2) authorizing the establishment of a Library Grant Fund appropriation in the
amount of $18,000 and corresponding revenue budget.
PREPARED BY: Minh Duong
PHONE: 619-470-5882
EXPLANATION:
DEPARTMENT: Library,
APPROVED BY:
The CLLS grant is designed to support the Library's literacy services program to English-speakinfad1jIts who
seek to improve their reading, writing, math, and computer skills. In determining the amount of funding to the
libraries that provide literacy services to their communities, the California State Library uses a funding formula that
consist of three parts:
1. A baseline amount $18,000 to provide 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 earmarked for adult literacy services. This local match is fulfilled by a CDBG grant
awarded to the Library by the City Council on May 7, 2019 in the amount of $50,610 to defray the
personnel costs of the Literacy Coordinator who oversees the operation of the literacy program.
The CLLS grant is awarded in two payments each year. This award of $18,000 is the baseline amount for the
program. The second payment, calculated by applying the other two parts of the formula (per capita and match)
will be sent once the final report on the previous year is submitted and reviewed by the State Library.
FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO. APPROVED: MIS
320-31339-3463 (Literacy Services Grant) - $18,000
320-431-0339* (Literacy Services Grant) - $18,000
The City's required match will be met with CDBG funds awarded to the Library
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION n
STAFF RECOMMENDATION:
Adopt the resolution
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Award Letter
2. Resolution
37 of 171
August 16, 2019
Minh Duong, City Librarian
National City Public Library
1401 National City Boulevard
National City, CA 91950-3314
Dear Ms. Duong:
Ci1C[l[i�[ [tri
STATE tI BRARY
PRESERVING OVR iif RIT.AG.. SIIACINC OUR FL1UR!
minh.duonq@nationalcitylibrary.orq
We're happy to provide funds for the fiscal year that began July 1, 2019 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 $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.
• Your funds must be encumbered by June 30, 2020, and fully expended in accordance
with your approved budget by December 31, 2020. Encumbered funds are those
that have been deposited in the awardee's accounting system and for which a
budget has been provided to and approved by the State Library.
• Please refer to the new California Library Literacy Services allowable and
unallowable costs document to guide your program expenditures and please get in
touch with us if you have any questions.
• We encourage you and your colleagues to participate in the library literacy training
opportunities that will be made available by the State Library and regional networks.
916.653.5217 phone
916.653.8443 fax
www.library.ca.gov
Library Development Services Bureau
P. O. Box 942837 Sacramento, CA 94237-0001
900 N Street, 4th Floor, Sacramento, CA 95814
38 of 171
National City Public Library
The following specific issues or observations are being made about your application:
None
The payment process begins once we receive your signed Claim & Certification Forms
(attached). Please direct any questions to Andrea Freeland @ 916.651.3191 and/or
andrea.freeland@library.ca.gov.
Page 2
NOTE: Both forms must be completed, signed with original signatures and mailed to
Fiscal Office in order to be processed for payment.
Thank you r your wi, ingness to do so much for so many people in need.
Respectf ly yours,
k
Z-reg Lucas
Calirnia State Librarian
cc: Mikki Eris Vidamo, Literacy Coordinator (via email: mvidamoOnationalcityca.gov)
File
Enc.: Claim Form & Certification
916.653.5217 phone
916.653.8443 fax
www.library.ca.gov
Library Development Services Bureau
P. O. Box 942837 Sacramento, CA 94237-0001
900 N Street, 4th Floor, Sacramento, CA 95814
39 of 171
National City Public Library
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 23 - Budget Item 6120-213-0001
Fiscal Year: 2019-2020
Reporting Structure: 61202000
Purchasing Authority Number: CSL-6120
Invoice #19-6742-1
COA: 5432000;
Category: 84121600
Approp. Ref: 213
Program #: 5312
FOR PAYMENT OF CALIFORNIA LIBRARY LITERACY SERVICES GRANT
Amount Claimed — First Installment - $ 18,000
National City Public Library - 1401 National City Boulevard National City, CA 91950-3314
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 Boulevard National City, CA 91950-3314
(Authorized agency to receive, disburse and account for CLLS funds)
I 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 Fi$Cal. If you need to change the authorized library name andlor address, please contact Colette Moody, CSL Fiscal Office.
(Colette.Moodv(rdlibrarv.ca.eov )
40 of 171
National City Public Library Invoice #19-6742-1
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 DATE
Signature - Authorized representative
Typed/Printed Name and Title of Authorized Representative
Email address of authorized representative
MAIL ONE ORIGINAL SIGNATURE TO:
California State Library
Fiscal Office — CLLS
P. O. Box 942837
Sacramento, CA 94237-0001
41 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 42
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City 1) approving the first amendment to the
agreement with Phase II Systems dba Public Agency Retirement Services with a mutual
indemnity and hold harmless provision for other post -employment benefits trust
administration services for the period September 18, 2019 through December 31, 2020,
2) approving the amended adoption agreement for the Public Agencies Post -Employment
Benefits Trust Agreement, and 3) authorizing the city manager to execute the documents.
(Finance)
Please scroll down to view the backup material.
42 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City 1) approving the first amendment to the
agreement with Phase II Systems dba Public Agency Retirement Services with a mutual indemnity and
hold harmless provision for other post -employment benefits trust administration services for the period
September 18, 2019 through December 31, 2020, 2) approving the amended adoption agreement for
the Public Agencies Post -Employment Benefits Trust Agreement, and 3) authorizing the city manager to
execute the documents.
PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance,���/
PHONE: 619-336-4330 APPROVED BY: `G'-/a ,a
EXPLANATION:
At the Special Meeting of the City Council on April 24, 2019, the City Council approved the assignment
of $3.1 million of General Fund fund balance to establish an other post -employment benefits (OPEB)
trust. With this item, staff recommends amendment of City Council Policy # 201, "Maintenance of
Reserves," to add "Irrevocable Other Post -Employment Benefits Trust Reserve" to the City's reserves
and establish a target level for the trust of an amount equal to the total net liability of the City's OPEB
plans.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: `G'd� a- ,ate FINANCE
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
MIS
STAFF RECOMMENDATION:
Adopt the resolution, 1) approving the first amendment to the agreement with Phase II Systems dba Public Agency Retirement
Services with a mutual indemnity and hold harmless provision for other post -employment benefits trust administration services for
the period September 18, 2019 through December 31, 2020, 2) approving the amended adoption agreement for the Public
Agencies Post -Employment Benefits Trust Agreement, and 3) authorizing the city manager to execute the documents.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. First Amendment to the Phase II Systems dba Public Agency Retirement Services Agreement
2. Adoption Agreement for the Post -Employment Section 115 Trust
3. Phase II Systems dba Public Agency Retirement Services Agreement
4. Public Agencies Post -Employment Post -Employment Health Care Plan Master Plan Document
5. Public Agencies Post -Employment Benefits Trust Agreement
6. Resolution
4.iOT1/1
FIRST AMENDMENT TO THE AGREEMENT
BETWEEN
THE CITY OF NATIONAL CITY
AND
PHASE II SYSTEMS
D.B.A. "PUBLIC AGENCY RETIREMENT SERVICES"
This First Amendment to the Agreement is entered into this 17th day of September, 2019
between the City of National City, a municipal corporation (the "CITY"), and PHASE II
SYSTEMS, a California corporation, d.b.a. "Public Agency Retirement Services" (the
"CONSULTANT").
RECITALS
WHEREAS, the CITY and CONSULTANT entered into an agreement on December 20,
2017 (the "Agreement") wherein the CONSULTANT agreed to provide comprehensive trust
administration services for the CITY'S irrevocable supplemental pension trust (the "Pension
Trust"); and
WHEREAS, the parties desire to amend the Agreement to increase the scope of work to
include comprehensive trust administration services for the CITY'S irrevocable other post -
employment benefits trust (the "OPEB Trust"), as set forth in attached Exhibit "A."
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on
December 20, 2017 shall be amended as follows:
1. The Scope of Services, described in Section 3 of the Agreement, shall be increased
to include comprehensive trust administration services for the "OPEB Trust," as set
forth in attached Exhibit "A."
2. CONSULTANT shall be compensated for performance on the increased Scope of
Services as set forth in attached Exhibit "B."
3. CONSULTANT shall perform those increased Scope of Services after receiving
from CITY the requested Data Requirement Information set forth in attached
Exhibit "C."
4. The parties further agree that, except for item 1 above, each and every term and
provision of the Agreement dated December 20, 2017 shall remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the
Agreement on the date and year first above written.
[Signature Page to Follow]
44 of 171
CITY OF NATIONAL CITY
PHASE II SYSTEMS, A CALIFORNIA
CORPORATION D.B.A. "PUBLIC
AGENCY RETIREMENT SERVICES"
By: By:
Brad Raulston, City Manager Daniel C. Johnson, President
APPROVED AS TO FORM: By:
Tod Hammeras, Chief Financial Officer
Angil P. Morris -Jones
City Attorney
By:
Roberto M. Contreras
Deputy City Attorney
First Amendment to Dec. 2017 Agreement Page 2 of 2 City of National City and
September 17, 2019 Phase II Systems d.b.a. "PARS"
45 of 171
EXHIBIT A
PUBLIC AGENCY RETIREMENT SERVICES
SCOPE OF SERVICES
The CONSULTANT will provide the following services for the City of National City's
irrevocable supplemental pension trust plan ("Pension Trust Plan") and irrevocable other post -
employment benefits trust plan ("OPEB Trust Plan"):
1. Plan Installation Services:
A. Meeting with appropriate CITY personnel to discuss Pension Trust Plan and OPEB Trust
Plan provisions, implementation timelines, the actuarial valuation process, funding
strategies, benefit communication strategies, data reporting, and submission requirements
for contributions, reimbursements, and distributions;
B. Providing necessary analysis and advisory services to finalize the elements of Paragraph
1(A) of this Exhibit A;
C. Providing all documents needed to create the Pension Trust Plan and OPEB Trust Plan for
review and approval by the City Attorney. Resulting final Pension Trust Plan and OPEB
Trust Plan documents must be approved by the CITY before the commencement of Plan
Administration Services outlined in Paragraph 2 below.
2. Plan Administration Services:
A. Monitoring the receipt of Pension Trust Plan and OPEB Trust Plan contributions made by
the CITY to the trustee of the Pension Trust and the OPEB Trust ("Trustee"), based upon
information received from the CITY and the Trustee;
B. Performing periodic accounting of Pension Trust Plan and OPEB Trust Plan assets,
reimbursements/distributions, and investment activities, based upon information received
from the CITY and/or Trustee;
C. Coordinating the processing of distribution payments pursuant to authorized direction by
the CITY, and the provisions of the Pension Trust Plan and the OPEB Trust Plan, and, to
the extent possible, based upon CITY -provided Data;
D. Coordinating actions with the Trustee as directed by the Plan Administrator within the
scope the Agreement;
E. Preparing and submitting monthly reports of Pension Trust Plan and OPEB Trust Plan
activities to the CITY, unless directed by the CITY otherwise;
F. Conducting annual in -person client reviews to provide full administrative and investment
reviews of the Pension Trust Plan and the OPEB Trust Plan and to ensure the CITY'S
ongoing satisfaction with its participation in the Pension Trust Plan and the OPEB Trust
Plan.
G. Conducting in -person or over -the -phone meetings more frequently, if requested by the
Page 1 of 2
46 of 171
CITY.
H. Providing annual updates of the Pension Trust Plan and the OPEB Trust Plan to the City
Council during one of its public meetings, if requested by the CITY.
I. Preparing and submitting annual reports of Pension Trust Plan and OPEB Trust Plan
activities to the CITY;
J. Facilitating actuarial valuation updates and funding modifications for compliance with
GASB 45/75 and other GASB Statements, as applicable, for OPEB obligations;
K. Coordinating periodic audits of the Pension Trust Plan and the OPEB Trust Plan, as
requested by CITY;
L. Monitoring Pension Trust Plan, Pension Trust, OPEB Trust Plan, and OPEB Trust
compliance with federal and state laws.
3. The CITY acknowledges that PARS is not licensed to provide, and does not offer tax,
accounting, legal, investment, or actuarial advice.
Page 2 of 2
47 of 171
EXHIBIT B
PUBLIC AGENCY RETIREMENT SERVICES
RATES TO PERFORM POST -EMPLOYMENT BENEFITS TRUST ADMINISTRATION
SERVICES
CONSULTANT will be compensated for performance of Services, as described in Exhibit "A"
based upon the following schedule:
ANNUAL ASSET FEE
For Total Plan Asset Balances from Annual Rate
$0 to $10,000,000
$10,000,001 to $15,000,000
$15,000,001 to $50,000,000
$50,000,001 and above
0.25%
0.20%
0.15%
0.10%
Annual Rates are prorated and paid monthly. The annual asset fee shall be calculated by the
following formula:
Annual Rate divided by 12 (months of the year) multiplied by the combined asset balances of
the post -employment benefits trust plans at the end of the month.
TRUSTEE & INVESTMENT MANAGEMENT FEES
Trustee and investment management fees are not included in the annual asset fees stated above.
Trustee and investment management services are provided under a separate agreement with US
Bank, and trustee and investment management fees are paid to US Bank. These fees include
investment policy development, asset allocation recommendations, asset management, and all
custodial services and are based upon the following schedule:
For Total Plan Asset Balances from
$0 to $5,000,000
$5,000,001 to $10,000,000
$10,000,001 to $15,000,000
$15,000,001 to $50,000,000
$50,000,001 and above
Annual Rate
0.35%
0.25%
0.20%
0.15%
0.10%
Annual Rates are prorated and paid monthly. Annual trustee and investment management fees
shall be calculated by the following formula:
Annual Rate divided by 12 (months of the year) multiplied by the combined asset balances of
the post -employment benefits trust plans at the end of the month.
Both the annual asset fees and trustee and investment management fees shall be deducted from
post -employment benefits trust plans' assets.
Page 1 of 1
48 of 171
EXHIBIT C
PUBLIC AGENCY RETIREMENT SERVICES
DATA REQUIREMENTS
CONSULTANT will provide all services required under the Agreement, and the increased Scope
of Services described in Exhibit "A", upon receiving the following information:
1. Executed legal documents:
A. certified resolutions
B. adoption agreements to the Plan
C. trustee investment forms
2. Contribution — completed Contribution Transmittal Form signed by the Plan Administrator
(or authorized designee) which contains the following information:
A. agency name
B. contribution amounts
C. contribution dates
D. contribution method (check, ACH, wire)
3. Distribution — completed Transfer/Payment/Reimbursement Form signed by the Plan
Administrator (or authorized designee) which contains the following information:
A. agency name
B. payment reimbursement/distribution amounts
C. applicable statement dates
D. copy of applicable premium, claim, statement, warrant, and/or administrative expense
evidencing payments
E. signed certifications of reimbursements/distributions from the Plan Administrator (or
authorized designee)
4. Other information pertinent to the CONSULTANT'S services as reasonably requested by the
CONSULTANT and the CITY'S actuarial provider.
Page 1 of 1
49 of 171
AMENDED
ADOPTION AGREEMENT
for the
POST -EMPLOYMENT SECTION 115 TRUST
A.1.1. Trust agreement with U.S. Bank National Association (the "Bank") (the "Trust Agreement"):
Post -Employment Section 115 Trust. Public Agencies Post -Employment Benefits —Trust
Agreement, effective November 5, 2014
A.1.2. OPEB Plan: Public Agencies Post -Employment Health Care Plan
The plan document for the OPEB Plan is the Public Agencies Post -
Employment Health Care Plan —Master Plan Document, effective as of
November 5, 2014 (the "Plan Document").
A.1.3. Pension Plan: Ca1PERS Miscellaneous Plan
Ca1PERS Safety Plan
A.1.4. Pension Plan's
effective date: July 1, 1948
o (Check if applicable) Additional Pension Plans (and their respective
effective dates) are listed on an exhibit attached hereto.
A.2.1. Employer:
Name: City of National City
U.S. mail address: 1243 National City Boulevard, National City, CA 91950
Phone number: (619) 336-4240
EIN: 95-6000749
Fiscal year end: June 30
A.2.2. Plan Administrator
Position at Employer: City Manager
Incumbent:
U.S. mail address:
Phone number:
Email address:
Brad Raulston
1243 National City Boulevard, National City, CA 91950
(619) 336-4240
braulston@nationalcityca.gov
Page 1 of 4
EXHIBIT "A" TO PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST AGREEMENT
50 of 171
A.3.1 Adoption. The Employer hereby:
(Section A.3.1 is hereby amended to add the Pension Plan.)
A.3.1.1.Adopts the Trust Agreement as part of the (Check one or both of the following boxes):
▪ OPEB Plan
Q Pension Plan
(each such plan separately, the "Plan") and agrees to be bound by the Trust Agreement's terms, effective
as of the Employer's signature date below and subject to the investment approach selected below.
A.3.1.2. The following provisions apply if and only if the OPEB Plan box above is checked: (i)
Adopts the Plan Document and agrees to be bound by the Plan Document's terms, effective as of the
Employer's signature date below and (ii) acknowledges that the determination of Eligible Employees and
Eligible Beneficiaries is finally and conclusively made by the Employer according to the Employer's
applicable policies and collective bargaining agreements and without reference to the Trust Agreement.
A.3.1.3.Ratifies, affirms, and approves Employer's appointment of Phase II Systems as Trust
Administrator and represents and warrants that attached hereto is a fully -executed original of Employer's
Agreement for Administrative Services with Phase II Systems, d/b/a Public Agency Retirement Services
(PARS).
A.3.1.4.Agrees that capitalized terms used herein but not defined herein shall have the same
meaning attributed to them as in the Trust Agreement or Plan Document, as the case may be.
A.4.1. The Employer hereby represents and warrants that:
A.4.1.1. Authorizing Law. Employer has reviewed with its legal counsel and has
determined that Employer is authorized to establish and maintain the Plan and to establish a financial -
institution trust (separate and apart from the state) for the Plan, including the authority to adopt the Trust
Agreement.
A.4.1.2. Authorizing Resolution. Attached hereto is a certified copy of a resolution of the
Employer's governing body authorizing the adoption of the Trust Agreement as part of the Plan and
authorizing the appointment of the Plan Administrator designated by position of employment at the
Employer to act on the Employer's behalf in all matters relating to the trust.
A.4.1.3. Tax Status. The Plan is a "governmental plan" as defined in Section 414(d) of the
Internal Revenue Code of 1986, as amended; is a "Section 401(a)(24) governmental plan" as defined in
Revenue Ruling 2011-1; and is not subject to Federal income taxation. The Plan's governing document
expressly provides that it is irrevocably impossible for any part of the corpus or income of the Plan to be
used for, or diverted to, purposes other than for the exclusive benefit of the Plan participants and their
beneficiaries. The Pension Plan is a qualified plan under Code Section 401(a). (In addition, the Employer
hereby acknowledges that the Plan is prohibited from assigning any part of its equity or interest in the trust.)
Page 2 of 4
EXHIBIT "A" TO PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST AGREEMENT
51 of 171
A.4.2. Investment Approach.
A.4.2.1. The following provisions apply if and only if the OPEB Plan box above is checked: OPEB
Account. OPEB Account assets are invested in the discretion of (check one and only one of the following
boxes):
Discretionary investment approach:
▪ The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form)
hereto.
Directed investment approach:
o The Plan Administrator.
❑ The following registered investment adviser, bank (other than the Bank), or insurance
company (a "Third -Party Manager"):
. The Employer
hereby represents and warrants that attached hereto is an executed copy of the agreement
with the above appointed Third Party Manager.
A.4.2.2. The following provisions apply if and only if the Pension Plan box above is checked:
Pension Account. Pension Account assets are invested in the discretion of (check one and only one of the
following boxes):
(Section A.4.2.2 is hereby amended to add the investment approach for the Pension Account.)
Discretionary investment approach:
Q The Bank, subject to Exhibit A (Investment Strategy Selection and Disclosure Form)
hereto.
Directed investment approach:
❑ The Plan Administrator.
❑ The following registered investment adviser, bank (other than the Bank), or insurance
company (a "Third -Party Manager"):
. The Employer
hereby represents and warrants that attached hereto is an executed copy of the agreement
with the above appointed Third Party Manager.
A.4.3. It is intended that any references to GASB pronouncements and/or statements in the Public
Agencies Post -Employment Health Care Plan and Trust Agreement shall incorporate any applicable
successor pronouncements and/or statements.
Page 3 of 4
EXHIBIT "A" TO PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST AGREEMENT
52 of 171
This Amended Adoption Agreement is hereby adopted effective as of the Employer's signature date
below.
CITY OF NATIONAL CITY
By:
Brad Raulston
Its: City Manager
Date:
Accepted by: PHASE II SYSTEMS, DBA PUBLIC AGENCY
RETIREMENT SERVICES (PARS)
By:
Daniel Johnson
Its: President
Date:
U.S. BANK NATIONAL ASSOCIATION
By:
Susan M. Hughes
Its: Vice President and Relationship Manager
Date:
Page 4 of 4
EXHIBIT "A" TO PUBLIC AGENCIES POST -EMPLOYMENT BENEFITS TRUST AGREEMENT
53 of 171
AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PHASE II SYSTEMS
D.B.A. "PUBLIC AGENCY RETIREMENT SERVICES"
THIS AGREEMENT is entered into on this 20th day of December, 2017, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and PHASE II
SYSTEMS, a California corporation, d.b.a. "Public Agency Retirement Services" (the
"CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a consultant to provide comprehensive trust
administration services for the CITY'S irrevocable supplemental pension trust (the "Trust").
WHEREAS, the CITY has determined that the CONSULTANT is an administrator of
irrevocable supplemental pension trusts and is qualified by experience and ability to perform the
services desired by the CITY, and the CONSULTANT is willing to perform such services.
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the
CONSULTANT to administer an irrevocable supplemental pension trust on behalf of the CITY,
and to perform all other administration services related thereto as described in the attached
Exhibits "A" and "C", and the CONSULTANT agrees to perform the services set forth here in
accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services shall be performed directly by
the CONSULTANT or under direct supervision of the CONSULTANT.
2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement
will become effective on December 20, 2017. The duration of this Agreement is for the period of
December 20, 2017 through December 31, 2020. This Agreement may be extended by mutual
agreement upon the same terms and conditions for up to two (2) additional one-year terms. Any
extension of this Agreement must be approved in writing by the City Manager.
3. SCOPE OF SERVICES. The CONSULTANT will perform those pension trust
administration services as set forth in the attached Exhibits "A" and "C."
Once supplied with the information needed to execute its duties under Exhibits
"A" and "C," the CONSULTANT shall be responsible for all research and reviews related to the
work. The CONSULTANT shall not rely on personnel of the CITY for any information not
described in Exhibits "A" and "C."
The CITY may unilaterally, or upon request from the CONSULTANT, from time
to time reduce or increase the Scope of Services to be performed by the CONSULTANT under
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this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith
and confer for the purpose of negotiating a corresponding reduction or increase in the
compensation associated with said change in services.
4. PROJECT COORDINATION AND SUPERVISION. The Director of Finance
hereby is designated as the Plan Administrator for the CITY and will monitor the progress and
execution of this Agreement. The CONSULTANT shall assign a single Project Director to
provide supervision and have overall responsibility for the progress and execution of this
Agreement for the CONSULTANT. Mitch Barker thereby is designated as the Project Director
for the CONSULTANT.
5. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based upon the schedule and formula set forth in Exhibit "B."
Compensation due to the CONSULTANT shall be deducted from the Trust's assets. The
CONSULTANT shall submit a monthly statement to the CITY documenting the amount
deducted from the Trust. The total cost for all work described in this Agreement shall not exceed
those rates listed in Exhibit `B" without prior written authorization from the CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions
which may arise as to the quality or acceptability of the services performed and the manner of
performance, the acceptable completion of this Agreement, and the amount of compensation due.
In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the
work, the manner of performance and/or the compensation payable to the CONSULTANT in this
Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten
(10) business days, the CONSULTANT and the CITY shall each prepare a report which supports
their position and file the same with the other party. The CITY shall, with reasonable diligence,
determine the quality or acceptability of the work, the manner of performance and/or the
compensation payable to the CONSULTANT.
7. INFORMATION FURNISHED TO CONSULTANT. The CONSULTANT
will provide those services required under this Agreement if the CITY provides the
CONSULTANT all information described in Exhibit "C" ("DATA"). The CITY shall be
responsible for the accuracy, content, and completeness of the DATA so the CONSULTANT
may rely upon such information. CONSULTANT will inform CITY, in writing, how much time
CONSULTANT reasonably needs to review the DATA before CONSULTANT may complete
any of its services required under this Agreement. The CITY must provide the DATA to
CONSULTANT within the reasonable timeframe identified by CONSULTANT.
8. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The memoranda,
reports, maps, drawings, plans, specifications, and other documents prepared by the
CONSULTANT for this project, whether paper or electronic, shall become the property of the
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CITY for use with respect to this project, and shall be turned over to the CITY upon completion
of the project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and the CONSULTANT thereby expressly waives and disclaims any
copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or
other work prepared under this Agreement, except upon the CITY'S prior authorization
regarding reproduction, which authorization shall not be unreasonably withheld. The
CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to
further effectuate this waiver and disclaimer.
The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY'S purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
15, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of Services of this project, unless otherwise
mutually agreed.
9. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of
this Agreement will be acting in an independent capacity and not as agents, employees, partners,
or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S
employees are employees of the CITY, and are not entitled to any of the rights, benefits, or
privileges of the CITY'S employees, including but not limited to retirement, medical, unemploy-
ment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT'S employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or subconsultants, as the CONSULTANT may deem necessary for
the proper and efficient performance of this Agreement. All agreements by the CONSULTANT
with its subconsultant(s) shall require the subconsultant(s) to adhere to the applicable terms of
this Agreement.
10. CONTROL. Neither the CITY, nor its officers, agents, or employees shall have
any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees,
except as set forth in this Agreement. The CONSULTANT, or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY. The
CONSULTANT and its agents, servants, and employees are wholly independent from the CITY,
and the CONSULTANT'S obligations to the CITY are solely prescribed by this Agreement.
11. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the
performance of the services to be provided herein, shall comply with all applicable state and
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federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
of its subconsultant(s), shall obtain and maintain a current City of National City business license
prior to and during performance of any work pursuant to this Agreement.
12. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants
that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally
required to practice its profession. The CONSULTANT represents and covenants that the
CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of
this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
13. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this Agreement,
shall perform in a manner consistent with that level of care and skill ordinarily exercised by
members of the CONSULTANT'S trade or profession currently practicing under similar
conditions and in similar locations. The CONSULTANT shall take all special precautions
necessary to protect the CONSULTANT'S employees and members of the public from risk of
harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this Agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique products,
treatments, processes or materials whose availability is critical to the success of the project the
CONSULTANT has been retained to perform, within the time requirements of the CITY, or,
when no time is specified, then within a commercially reasonable time. Accordingly, unless the
CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all
products, materials, processes or treatments identified in the project documents prepared for the
CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -section will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY'S later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
14. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not
discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall include
but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The CONSULTANT agrees to post in
conspicuous places available to employees and applicants for employment any notices provided
by the CITY setting forth the provisions of this non-discrimination clause.
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15. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 15, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
The CONSULTANT shall be liable to the CITY for any damages caused by
breach of this condition, pursuant to the provisions of Section 16.
16. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT and
CITY agree to defend, indemnify and hold each other and their respective officers, officials,
agents, employees, and volunteers harmless against and from any and all liability, loss, damages
to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions,
proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including
workers' compensation claims, of or by anyone whomsoever (collectively "CLAIMS"), resulting
from or arising out of the CONSULTANT'S or the CITY'S performance or other obligations
under this Agreement. The CONSULTANT and CITY shall indemnify each other only in
proportion and to the extent such CLAIMS are caused by, or result from, the negligent or
intentional acts or omissions of the indemnifying party, their respective officers, officials, agents,
employees, and volunteers.The CITY and the CONSULTANT will cooperate reasonably in the
defense of any action, and the indemnifying party shall employ competent counsel, reasonably
acceptable to the indemnified party.
The indemnity, defense, and hold harmless obligations contained herein shall
survive the termination of this Agreement for any alleged or actual omission, act, error or
negligence under this Agreement that occurred during the term of this Agreement.
17. WORKERS' COMPENSATION. The CONSULTANT shall comply with all
of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of
California, the applicable provisions of Division 4 and 5 of the California Labor Code and all
amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify,
and hold harmless the CITY and its officers, employees, and volunteers from and against all
claims, demands, payments, suits, actions, proceedings, and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
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liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
18. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase
and maintain, and shall require its subconsultant(s), when applicable, to purchase and maintain
throughout the term of this Agreement, the following insurance policies:
A. ® If checked, Professional Liability Insurance (errors and
omissions) with minimum limits of $1,000,000 per occurrence.
B. Automobile Insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents,
employees, and volunteers as additional insureds, and a separate additional insured endorsement
shall be provided.
C. Commercial General Liability Insurance, with minimum limits of either
$2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and
$2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property
damage arising out of its operations, work, or performance under this Agreement. The policy
shall name the CITY and its officers, agents, employees, and volunteers as additional insureds,
and a separate additional insured endorsement shall be provided. The general aggregate limit
must apply solely to this "project" or "location". The "project" or "location" should be noted
with specificity on an endorsement that shall be incorporated into the policy.
D. Workers' Compensation Insurance in an amount sufficient to meet
statutory requirements covering all of the CONSULTANT'S employees and employers' liability
insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If the CONSULTANT has no employees subject to the California
Workers' Compensation and Labor laws, the CONSULTANT shall execute a Declaration to that
effect. Said Declaration shall be provided to the CONSULTANT by the CITY.
E. The aforesaid policies shall constitute primary insurance as to the
CITY, its officers, officials, employees, and volunteers, so that any other policies held by the
CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty
(30) days' prior written notice to the CITY's Risk Manager, at the address listed in subsection G
below, of cancellation or material change. If any policy required by this Agreement is cancelled
due to non-payment, CONSULTANT must provide 10 (ten) days' notice accompanied by the
reason for such cancellation.
F. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
G. The Certificate Holder for all policies of insurance required by this
Section shall be:
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H. Insurance shall be written with only insurers authorized to conduct
business in California that hold a current policy holder's alphabetic and financial size category
rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of
equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is
provided by non -admitted "surplus lines" carriers, they must be included on the most recent
California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating
requirements.
I. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY'S Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
J. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
K. If the CONSULTANT maintains broader coverage or higher limits (or
both) than the minimum limits shown above, the CITY requires and shall be entitled to the
broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available
insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be
available to the CITY.
19. LEGAL FEES. If any party brings a suit or action against the other party arising
from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out -of -
court settlement, shall be entitled to have and recover of and from the other party all reasonable
costs and expenses of suit, including reasonable attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is stipulated
that attorney's fees incurred in the prosecution or defense of the action or suit shall not be
considered in determining the amount of the judgment or award. Attorney's fees to the prevailing
party if other than the CITY shall, in addition, be limited to the amount of attorney's fees
incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
20. TERMINATION.
A. This Agreement may be terminated with or without cause by the CITY.
Termination without cause shall be effective only upon 60-day's written notice to the
CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in
accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
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C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished memoranda, reports,
maps, drawings, plans, specifications, and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and less any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 8.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
21. NOTICES. All notices or other communications required or permitted hereunder
shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express
or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or
sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex,
telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally
delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by
overnight mail, the business day following its deposit in such overnight mail facility, (iii) if
mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is
outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or
other like facility regularly maintained by the United States Postal Service, (iv) if given by
telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given
by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other
communication delivered or sent as specified above shall be directed to the following persons:
To CITY: Mark Roberts
Director of Finance
Department of Finance
City of National City
1243 National City Boulevard
National City, CA 91950-4397
To CONSULTANT:
Daniel Johnson
President
PARS
4350 Von Karman Avenue, Suite 100
Newport Beach, CA 92660
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
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demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Section 22 by the
CONSULTANT.
23. PREVAILING WAGES. State prevailing wage rates may apply to work
performed under this Agreement. State prevailing wages rates apply to all public works contracts
as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3,
1720.4, and 1771. The CONSULTANT is solely responsible to determine if State prevailing
wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules,
and regulations.
24. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state, or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
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E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes. To the extent any
exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and
conditions contained in this Agreement, the terms and conditions of this Agreement shall control.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the
parties shall be subject to the examination and audit of the State Auditor for a period of three (3)
years after final payment under the Agreement, per Government Code Section 8546.7.
J. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
K. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
L. Subcontractors or Subconsultants. The CITY is engaging the services of
the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any
portion of the work, unless such subcontracting was part of the original proposal or is allowed by
the CITY in writing. In the event any portion of the work under this Agreement is subcontracted,
the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor
of the CITY, both the insurance provisions in Section 18 and the indemnification and hold
harmless provision of Section 16 of this Agreement.
M. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
and year first above written.
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CITY OF NATIONAL CITY
PHASE II SYSTEMS, A CALIFORNIA
CORPORATION D.B.A. "PUBLIC AGENCY
RETIREMENT SERVICES"
By:
Leslie Deese, City Manager By:
APPROVED AS TO FORM:
Angil P. Morris -Jones
City Attorney
aniel , ohnson
(Print)
President
By: Tod Hammeras
Roberto M. Contreras
Deputy City Attorney
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EXHIBIT A
PUBLIC AGENCY RETIREMENT SERVICES
SCOPE OF SERVICES
The CONSULTANT will provide the following services for the City of National City's
irrevocable supplemental pension trust plan ("Plan"):
1. Plan Installation Services:
A. Meeting with appropriate CITY personnel to discuss Plan provisions, implementation
timelines, the actuarial valuation process, funding strategies, benefit communication
strategies, data reporting, and submission requirements for contributions, reimbursements,
and distributions;
B. Providing necessary analysis and advisory services to finalize the elements of Paragraph
1(A) of this Exhibit A;
C. Providing all documents needed to create the Plan for review and approval by the City
Attorney. Resulting final Plan documents must be approved by the CITY before the
commencement of Plan Administration Services outlined in Paragraph 2 below.
2. Plan Administration Services:
A. Monitoring the receipt of Plan contributions made by the CITY to the trustee of the Trust
("Trustee"), based upon information received from the CITY and the Trustee;
B. Performing periodic accounting of Plan assets, reimbursements/distributions, and
investment activity, based upon information received from the CITY and/or Trustee;
C. Coordinating the processing of distribution payments pursuant to authorized direction by
the CITY, and the provisions of the Plan, and, to the extent possible, based upon CITY -
provided Data;
D. Coordinating actions with the Trustee as directed by the Plan Administrator within the
scope the Agreement;
E. Preparing and submitting a monthly report of Plan activity to the CITY, unless directed by
the CITY otherwise;
F. Conducting an annual in -person client review to provide a full administrative and
investment review of the Plan and to ensure the CITY'S ongoing satisfaction with its
participation in the Plan.
G. Conducting in -person or over -the -phone meetings more frequently, if requested by the
CITY.
H. Providing updates of the Plan to the City Council during one of its public meetings, if
requested by the CITY.
I. Preparing and submitting an annual report of Plan activity to the CITY;
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J. Facilitating actuarial valuation updates and funding modifications for compliance with
GASB 45/75, if prefunding OPEB obligations;
K. Coordinating periodic audits of the Plan;
L. Monitoring Plan and Trust compliance with federal and state laws.
3. The CITY acknowledges that PARS is not licensed to provide, and does not offer tax,
accounting, legal, investment, or actuarial advice.
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EXHIBIT B
PUBLIC AGENCY RETIREMENT SERVICES
RATES TO PERFORM PENSION TRUST ADMINISTRATION SERVICES
CONSULTANT will be compensated for performance of Services, as described in Exhibit A based
upon the following schedule:
ANNUAL ASSET FEE
For Plan Asset Balances from
$0 to $10,000,000
$10,000,001 to $15,000,000
$15,000,001 to $50,000,000
$50,000,001 and above
Annual Rate
0.25%
0.20%
0.15%
0.10%
Annual Rates are prorated and paid monthly. The annual asset fee shall be calculated by the
following formula:
Annual Rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end
of the month.
TRUSTEE & INVESTMENT MANAGEMENT FEES
Trustee and investment management fees are not included in the annual asset fees stated above.
Trustee and investment management services are provided under a separate agreement with US
Bank, and trustee and investment management fees are paid to US Bank. These fees include
investment policy development, asset allocation recommendations, asset management, and all
custodial services and are based upon the following schedule:
For Plan Asset Balances from
$0 to $5,000,000
$5,000,001 to $10,000,000
$10,000,001 to $15,000,000
$15,000,001 to $50,000,000
$50,000,001 and above
Annual Rate
0.35%
0.25%
0.20%
0.15%
0.10%
Annual Rates are prorated and paid monthly. Annual trustee and investment management fees
shall be calculated by the following formula:
Annual Rate divided by 12 (months of the year) multiplied by the Plan asset balance at the end
of the month.
Both the annual asset fees and trustee and investment management fees shall be deducted from
Plan assets.
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EXHIBIT C
PUBLIC AGENCY RETIREMENT SERVICES
DATA REQUIREMENTS
CONSULTANT will provide all services required under this Agreement upon receiving the
following information:
1 Executed legal documents:
A. certified resolution
B. adoption agreement to the Plan
C. trustee investment forms
2. Contribution — completed Contribution Transmittal Form signed by the Plan Administrator
(or authorized designee) which contains the following information:
A. agency name
B. contribution amount
C. contribution date
D. contribution method (check, ACH, wire)
3. Distribution — completed Transfer/Payment/Reimbursement Form signed by the Plan
Administrator (or authorized designee) which contains the following information:
A. agency name
B. payment reimbursement/distribution amount
C. applicable statement date
D. copy of applicable premium, claim, statement, warrant, and/or administrative expense
evidencing payment
E. signed certification of reimbursement/distribution from the Plan Administrator (or
authorized designee)
4. Other information pertinent to the CONSULTANT'S services as reasonably requested by the
CONSULTANT and the CITY'S actuarial provider.
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PUBLIC AGENCIES
POST -EMPLOYMENT HEALTH CARE PLAN
MASTER PLAN DOCUMENT
(Effective as of November 5, 2014)
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INTRODUCTION
The Employer specified in the Adoption Agreement has adopted this qualified
governmental post -employment health care plan ("OPEB Plan") for the benefit of its Eligible
Employees. The plan document for the OPEB Plan consists of this Master Plan Document plus
the Adoption Agreement. Assets of the OPEB Plan are held under a trust (the "Trust")
evidenced by a trust agreement (the "Trust Agreement"). Each Employer's separate portion of
the Trust dedicated to funding the Employer's OPEB Obligation and defraying the reasonable
expenses associated with the same is referred to as the Employer's "OPEB Account."
Capitalized terms that are not defined herein shall have the meaning attributed to such terms in
the Trust Agreement.
The Trust is established with the intention that it qualify as a tax-exempt trust performing
an essential governmental function within the meaning of Section 115 of the Code and any
regulations issued thereunder and as a tax-exempt trust under the provisions of the relevant
state's statutory provisions of each Employer. It is intended that contributions to the Employer's
OPEB Account shall qualify as "plan assets" within the meaning of GASB Statement No. 45
(Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than
Pensions). At any time prior to the satisfaction of all liabilities with respect to Eligible
Employees under an Employer's OPEB Account, the OPEB Account assets shall not be used for,
or diverted to, any purpose other than funding the Employer's OPEB Obligation and defraying
the reasonable expenses associated with the same.
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ARTICLE I
PLAN AND TRUST INFORMATION
1.1 Plan Name.
The name of the OPEB Plan adopted by the Employer is the Public Agencies Post -Employment
Health Care Plan.
1.2 Effective Date.
The OPEB Plan is effective as of the date set forth in Section A.3.1.2 of the Adoption
Agreement. If this OPEB Plan is a restatement of an existing plan, that date is also the effective
date of the restatement.
1.3 Plan Year.
The plan year for the OPEB Plan shall be the consecutive twelve-month period beginning on
January 1 and ending on December 31.
ARTICLE II
EMPLOYER INFORMATION
2.1 Employer.
The name and address of the Employer sponsoring this OPEB Plan (the "Employer") are as set
forth in Section A.2.1 of the Adoption Agreement. The Adoption Agreement can only be used
by a governmental agency that is a state, a political subdivision of a state, or an entity the income
of which is excludible from gross income under Section 115 of the Code to establish a plan.
ARTICLE III
ELIGIBLE EMPLOYEES
3.1 Eligible Persons
Each employee of the Employer who is or becomes eligible for post -employment health care and
welfare benefits as specified in such Employer's. applicable policies and/or applicable collective
bargaining agreements is an Eligible Employee under this OPEB Plan. In addition, any person
who, due to his or her relationship with the Eligible Employee, is entitled to post -employment
health care and welfare benefits as specified in the Employer's applicable policies and/or
collective bargaining agreement, is an Eligible Beneficiary under this OPEB Plan.
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3.2 Termination of Eligible Status
An Eligible Employee or Eligible Beneficiary shall cease to be an Eligible Employee or Eligible
Beneficiary as specified in the Employer's applicable policies and/or applicable collective
bargaining agreements.
ARTICLE IV
CONTRIBUTIONS
4.1 Amount of Member Agency Contributions
Eligible Employees and Eligible Beneficiaries are not permitted to make contributions to the
Trust, provided however, that nothing herein shall be deemed to (i) prevent the Employer from
imposing a charge (including, without limitation, a payroll deduction) for coverage under the
OPEB Plan, or (ii) prevent the Employer from depositing the proceeds of any such charge to the
Trust (provided that such deposit shall be considered an Employer contribution and shall not be
segregated within Employer's OPEB Account from any other Employer contributions). Each
Employer shall from time -to -time contribute to its OPEB Account an amount determined by
such Employer in its sole discretion. Such amount may, but need not, equal such Employer's
"annual required contribution" ("ARC") as determined in accordance with GASB 45.
4.2 Administrative Expenses
The Employer may make contributions to its OPEB Account sufficient to defray all or part of the
expenses of administering the OPEB Plan or may pay such expenses directly.
4.3 Allocation of Administrative Expenses
If the Employer chooses not to directly pay the expenses of administering this OPEB Plan, such
expenses shall be charged against the OPEB Account for such Employer.
4.4 Reversions
The Employer shall have the right to a return of contributions from this OPEB Plan only if the
conditions for such return set forth in the Trust Agreement are satisfied.
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ARTICLE V
DISTRIBUTION OF BENEFITS
5.1 Payment of Distribution
Distribution shall only be made to the insurers, third party administrators, service providers, or
other entities providing benefits or services under the OPEB Plan, or to Eligible Employees and
Eligible Beneficiaries for reimbursement of OPEB Plan premiums (or other payments for OPEB
Plan benefits) paid by the Eligible Employee or Eligible Beneficiary, or to the Employer for the
reimbursement of OPEB Plan benefits and expenses paid by the Employer. The Plan
Administrator or its Delegatee shall provide instructions to the Trustee regarding how
distributions and reimbursements are to be made.
ARTICLE VI
FUNDING AND INVESTMENT
6.1 Funding and Investment
The assets of the OPEB Plan shall be held in the OPEB Account of each Employer. In Section
A.4.2.1 of the Adoption Agreement, each Employer shall elect between a discretionary or
directed investment approach. If the Employer elects a discretionary investment approach, the
Employer shall further elect between the various investment strategies offered in the investment
strategy selection and disclosure form. If the Employer elects a directed investment approach,
the Employer, in accordance with the Trust Agreement, shall have absolute discretion over the
investment of the assets of its OPEB Account.
6.2 Type and Nature of Plan and Trust
Neither the faith and credit nor the taxing power of each Employer is pledged to the distribution
of benefits hereunder. Except for contributions, earnings and other amounts held in the Trust, no
amounts are pledged to the distribution of benefits hereunder. Distributions of benefits are
neither general nor special obligations of the Employer, but are payable solely from
contributions, as more fully described herein. No employee of any Employer or any other person
may compel the exercise of the taxing power by the Employer. Distributions of benefits are not
a debt of the Employer within the meaning of any constitutional or statutory limitation or
restriction. Distributions are not a legal or equitable pledge, charge, lien or encumbrance, upon
any of the Employer's property, or upon any of its income, receipts or revenues.
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ARTICLE VII
ADMINISTRATION, AMENDMENT AND TERMINATION OF PLAN
7.1 Designation of Plan Administrator
In Section A.2.2 of the Adoption Agreement, the Employer shall provide the name of the Plan
Administrator that has been duly authorized and designated by the governing body of the
Employer to act on its behalf in all matters pertaining to the OPEB Plan and the Trust pursuant to
Section 3.4 of the Trust Agreement. If no name is provided, the Employer is the Plan
Administrator. In addition to a Plan Administrator the Employer may designate a Delegatee to
perform those activities relating to the OPEB Plan as specified in the written appointment of
such Delegatee certified to the Trust Administrator. Except where the context requires
otherwise, the term "Employer" as used in this Article shall mean the Plan Administrator or
Delegatee where responsibility for administration of the OPEB Plan has been given to such
parties.
7.2 Rules and Regulations
The Employer has full discretionary authority to supervise and control the operation of this
OPEB Plan in accordance with its terms and may make rules and regulations for the
administration of this OPEB Plan that are not inconsistent with the terms and provisions hereof.
The Employer shall determine any questions arising in connection with the interpretation,
application or administration of the OPEB Plan (including any question of fact relating to age,
employment, compensation or eligibility of Eligible Employees or Eligible Beneficiaries) and its
decisions or actions in respect thereof shall be conclusive and binding upon all persons and
parties.
The Employer shall have all powers necessary to accomplish its purposes, including, but not by
way of limitation, the following:
(a) To determine all questions relating to an Eligible Employee's or Eligible Beneficiary's
eligibility;
(b)
To construe and interpret the terms and provisions of the OPEB Plan;
(c) To compute, certify to, and direct the Trustee with regard to the amount and kind of
benefits payable to health care providers;
(d) To authorize all disbursements from its OPEB Account;
(e) To maintain all records that may be necessary for the administration of the OPEB Plan
other than those maintained by the Trustee; and
(f) To appoint a Plan Administrator or, any other agent, and to delegate to them or to the
Trustee such powers and duties in connection with the administration of the OPEB Plan
as it may from time to time prescribe.
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Expenses and fees incurred in connection with the administrationof the OPEB Plan and the
Trust shall be paid from the Trust assets to the fullest extent permitted by law, unless the
Employer detennines otherwise. The Employer may elect to make contributions to its OPEB
Account sufficient to defray the expenses of administering the OPEB Plan or may pay such
expenses directly.
7.3 Amendment and Termination
The Employer shall have the right to amend, modify or terminate the OPEB Plan at any time. If
an Employer terminates the OPEB Plan, the Assets held in its OPEB Account shall be distributed
by the Trustee as provided in Section 7.3 of the Trust Agreement.
ARTICLE VIII
MISCELLANEOUS
8.1 Nonalienation
An Eligible Employee or Eligible Beneficiary does not have any interest in the OPEB Plan or the
Assets held in the Trust. Accordingly, the Trust shall not in any way be liable to attachment,
garnishment, assignment or other process, or be seized, taken, appropriated or applied by any
legal or equitable process, to pay any debt or liability of an Eligible Employee, Eligible
Beneficiary or any other party.
8.2 Investment
All contributions, interest earned, and any assets of the OPEB Plan shall at all tunes be invested
and managed in accordance with the Trust Agreement and the requirements of applicable law.
8.3 Parties to the Plan
Eligible Employees, Eligible Beneficiaries and unions of each Employer are not parties to this
OPEB Plan. The OPEB Plan is only a funding source for such Employer's post -employment
health care and welfare benefits and does not increase the rights of any Eligible Employee,
Eligible Beneficiary or union.
8.4 Confidential Medical Information
Each Employer and its health care providers or other service providers shall not share
confidential medical information regarding employees of the Employer with the OPEB Plan, the
Trustee, or the Trust Administrator.
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PUBLIC AGENCIES
POST -EMPLOYMENT BENEFITS
TRUST AGREEMENT
(Effective November 5, 2014)
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ARTICLE I
DEFINITIONS
1.1 "Adoption Agreement" shall have the meaning given to such term in Section 2.3.
1.2 "Agency Account" shall have the meaning given to such term in Section 2.4.
1.3 "Agreement for Administrative Services" shall mean the agreement executed
between the Employer and the Trust Administrator which authorizes the Trust
Administrator to perform specific duties of administering the Agency Account of
the Employer.
1.4 "Assets" shall have the meaning given to such term in Section 2.5.
1.5 "Code" shall mean the Internal Revenue Code of 1986 as amended from time to
time.
1.6 "Delegatee" shall mean an individual or entity, appointed by the Plan
Administrator or Employer to act in such matters as are specified in the
appointment.
1.7 "Effective Date" shall mean the date first written above, the date the Trust was
established, and with respect to each Employer, the Effective Date shall be the
date on which the Employer executes the Adoption Agreement.
1.8 "Eligible Beneficiary" shall mean any person who, due to his or her relationship
to an Eligible Employee, is entitled to post -employment benefits pursuant to the
Employer's Pension Plan or OPEB Plan, including but not limited to the Eligible
Employee's current or former spouse or domestic partner, child, dependent, or
survivor.
1.9 "Eligible Employee" shall mean any employee of an Employer who is entitled to
post -employment benefits pursuant to the Employer's Pension Plan or OPEB
Plan. Unless the context otherwise requires, the term "Eligible Employee" as
used herein shall include any Eligible Beneficiaries.
1.10 "Employer" shall mean a public agency that executes the Adoption Agreement,
thereby adopting the provisions of this Trust Agreement, provided that such
agency is a state, a political subdivision of a state, or an entity the income of
which is excludible from gross income under Section 115 of the Code.
1.11 "GASB" shall mean the Governmental Accounting Standards Board.
1.12 "Omnibus Account" shall mean an account, established for record keeping
purposes only, to aggregate the balances of the Assets credited to the Agency
Accounts. The Trust Administrator shall maintain and reconcile, at the Agency
Account level (and subaccount level), the investments of the Agency Accounts
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and will provide reports to the Plan Administrator with respect to such
investments. The Trustee will maintain a record of the aggregate balance
(principal and earnings) for all Agency Accounts. The Trust Administrator will in
the ordinary course of business maintain a record of the name, address, taxpayer
identification number, account number and amount of funds, including earnings,
of each Employer. On periodic valuation dates (no less frequently than monthly)
to be established by the Trust Administrator, the Trustee and Trust Administrator
will reconcile the aggregate balance information maintained by the Trustee with
the Agency Account level records maintained by the Trust Administrator pursuant
to this Trust Agreement.
1.13 "OPEB" shall mean "other post -employment benefits," such as medical, dental,
vision, life insurance, long-term care and other similar benefits provided to
retirees, other than pension benefits.
1.14 "OPEB Obligation" shall mean an Employer's obligation to provide OPEB to its
Eligible Employees in accordance with the Employer's OPEB Plan.
1.15 "OPEB Plan" shall mean the Public Agencies Post -Employment Health Care
Plan, as adopted by the Employer under the Adoption Agreement.
1.16 "Pension Obligation" shall mean an Employer's obligation to contribute to the
Pension Plan's Qualified Trust and shall not, for example, mean an Employer's
Obligation to provide retirement benefits under the Pension Plan to the
Employer's Eligible Employees.
1.17 "Pension Plan" shall mean an Employer's defined -benefit pension plan or plans,
each of which is (i) qualified under Section 401(a) of the Code, (ii) sponsored by
the Employer in order to provide retirement benefits to its Eligible Employees,
and (iii) partly or wholly funded by the Employer's contributions to a Qualified
Trust.
1.18 "Plan Administrator" shall mean the individual designated by position of
employment at the Employer to act on its behalf in all matters relating to the
Employer's participation in the Trust.
1.19 "Qualified Trust" shall mean a trust which (i) is separate and apart from the
Trust, (ii) constitutes a qualified trust under Code Section 401(a), and (iii) funds
retirement benefits provided under an Employer's Pension Plan to the Employer's
Eligible Employees.
1.20 "Trust" shall mean the Public Agencies Post -Employment Benefits trust
arrangement.
1.21 "Trust Administrator" shall mean Public Agency Retirement Services or any
successor trust administrator appointed by the Employers as provided herein. The
Trust Administrator shall serve as trust administrator to the Trust established
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pursuant to this Trust Agreement until such Trust Administrator resigns or is
removed as provided in Article III.
1.22 "Trust Agreement" shall mean this Public Agencies Post -Employment Benefits
trust document adopted by each Employer upon execution of an Adoption
Agreement, as amended from time to time.
1.23 "Trustee" shall mean U.S. Bank National Association, or any successor trustee
appointed by the Employers as provided herein. The Trustee shall serve as trustee
of the Trust established pursuant to the provisions of this Trust Agreement until
such Trustee resigns or is removed as provided in Article III.
ARTICLE II
THE TRUST
2.1 Multiple Employer Trust
The Trust is a multiple employer trust arrangement established to provide
economies of scale and efficiency of administration to public agencies that adopt
it to hold the assets used to fund the agency's OPEB Obligation or Pension
Obligation or both. The Trust is divided into Agency Accounts to hold the Assets
of each Employer as described in Section 2.4.
2.2 Purpose
The Trust is established with the intention that it qualify as a tax-exempt trust
performing an essential governmental function within the meaning of Section 115
of the Code and any regulations issued thereunder and as a tax-exempt trust under
the provisions of the relevant state's statutory provisions of each Employer. This
Trust Agreement shall be construed and the Trust shall be administered in a
manner consistent with such intention. The fundamental purpose of the Trust is to
fund the Employer's OPEB Obligation or Pension Obligation or both. It is
intended that adopting Employers retain an interest in the underlying securities
held in the Trust on their behalf, rather than in the Trust itself.
The Employer hereby represents and warrants that the assets held hereunder
(including the Assets) are not assets of any qualified plan under Code Section
401(a), regardless of the character of such assets once distributed. The Employer
hereby acknowledges that the Trust does not constitute a qualified trust under
Code Section 401(a).
2.3 Employers
Any public agency may, by action of its governing body in writing accepted by
the Trustee, adopt the provisions of the Trust Agreement. Executing an adoption
instrument for the Trust ("Adoption Agreement"), in the form attached hereto as
Exhibit "A" (or such other form as may be approved by the Trustee), shall
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constitute such adoption, unless the Trustee requires additional evidence of
adoption. In order for such adoption to be effective, the public agency must also
execute an Agreement for Administrative Services with Public Agency
Retirement Services, the Trust Administrator, pursuant to Section 3.6 of this Trust
Agreement. Such adopting Employer shall then become an Employer of the
Trust.
Each such Employer shall, at a minimum, furnish the Trust Administrator with the
following documents to support its adoption of the Trust:
(a) a certified copy of the resolution(s) of the governing body of the Employer
authorizing the adoption of the Trust Agreement and the appointment of the Plan
Administrator for such Employer;
(b) an original of the Adoption Agreement executed by the Plan Administrator
or other duly authorized Employer employee;
(c) an original of the Agreement for Administrative Services with Public
Agency Retirement Services executed by the Plan Administrator or other duly
authorized Employer employee and Public Agency Retirement Services;
(d) an address notice; and
(e) such other documents as the Trustee may reasonably request.
{f) Any action taken by the Plan Administrator for an Employer shall be
deemed to have been taken by such Employer. Any notice given to or delivered
by the Plan Administrator for an Employer shall be deemed to have been given to
or delivered by such Employer.
2.4 Agency Accounts
(a) Upon an Employer's adopting the Trust Agreement, as provided in
Section 2.3, a separate "Agency Account" shall be established under the Trust for
that Employer, and all Assets of the Trust attributable to that Employer shall be
held in that Employer's Agency Account.
(b) An Employer's Agency Account comprises three subaccounts: a "Pension
Account", an "OPEB Account", and a "Suspense Account". The Assets of the
Trust that are held in the Employer's Pension Account will be available only to
fund the Employer's Pension Obligation and defray the reasonable expenses
associated with the same. The Assets of the Trust that are held in the Employer's
OPEB Account will be available only to fund the Employer's OPEB Obligation
and defray the reasonable expenses associated with the same.
(c) The Assets of the Trust that are held in an Employer's Agency Account
shall not be available to pay any obligations incurred by any other Employer as
provided in Section 2.8.
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(d) All contributions and transfers received by the Trust on behalf of the
Employer will be held in the Employer's Agency Account and will be allocated to
the subaccounts under the Agency Account as follows:
(1) If the Employer maintains a Pension Account or OPEB Account
(and not both a Pension Account and an OPEB Account), all contributions
and transfers received by the Trust on the Employer's behalf will be
allocated to that subaccount.
(2) If the Employer maintains both a Pension Account and an OPEB
Account, contributions and transfers received by the Trust on the
Employer's behalf will be allocated to either the Pension Account or
OPEB Account, as directed by the Plan Administrator. To the extent the
Plan Administrator does not provide such direction, the Employer hereby
directs the Trustee to allocate such contributions and transfers to the
Suspense Account and to use the assets of the Suspense Account to
purchase a position in the sweep vehicle identified on an exhibit hereto or,
if none is identified, to hold such assets un-invested. The Plan
Administrator may at any time direct the reallocation of cash from the
Suspense Account to either the Pension Account or the OPEB Account.
(3) Once allocated to the Pension Account or the OPEB Account,
amounts under the Trust may not subsequently be transferred to the other
subaccount.
2.5 Assets of Agency Account
The assets held in an Agency Account shall consist of all contributions and
transfers received by the Trust on behalf of the Employer, together with the
income and earnings from such contributions and transfers, and any increments
accruing to the Agency Account, net of any investment losses, benefits, expenses
or other costs ("Assets"). All contributions or transfers shall be received by the
Trustee in cash or in other property acceptable to the Trustee. The Trustee shall
manage and administer the Assets held in Agency Accounts without distinction
between principal and income. The Trustee and the Trust Administrator shall
have no duty to compute any amount to be transferred or paid to the Agency
Account by the Employer, and the Trustee and the Trust Administrator shall not
be responsible for the collection of any contributions or transfers to the Agency
Account.
2.6 Aggregate Balance for Investment and Administration
The balances of the Assets of more than one Agency Account may be aggregated
by the Trustee in one or more Omnibus Accounts for investment and
administrative purposes, to provide economies of scale and efficiency of
administration to the Agency Accounts. The responsibility for Agency Account
level accounting (including subaccount-level accounting within each Agency
Account) within this Omnibus Account(s) shall be that of the Trust Administrator.
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2.7 Trustee Accounting
The Trustee shall be responsible only for maintaining records and maintaining
accounts for the aggregate assets of the Trust. The responsibility for accounting
and subaccounting for each Agency Account, based upon the Omnibus
Account(s), shall be that of the Trust Administrator.
2.8 No Diversion of Assets
The Assets in each Employer's Agency Account shall be held in trust for the
exclusive purpose of funding the Employer's OPEB Obligation or Pension
Obligation or both and defraying the reasonable expenses associated with the
same. The Assets in each Agency Account shall not be used for or diverted to,
any other purpose, including, but not limited to, the satisfaction of any other
Employer's Pension Obligation or OPEB Obligation.
2.9 Type and Nature of Trust
Neither the full faith and credit nor the taxing power of each Employer is pledged
to the distribution of amounts hereunder. Except for contributions and other
amounts hereunder, no other amounts are pledged to the distribution of benefits
hereunder. Distributions of benefits are neither general nor special obligations of
any Employer, but are payable solely from the Assets held in such Employer's
Agency Account, as more fully described herein. No employee of any Employer
or beneficiary may compel the exercise of the taxing power by any Employer.
Distributions of Assets from any Agency Account are not debts of any Employer
within the meaning of any constitutional or statutory limitation or restriction.
Such distributions are not legal or equitable pledges, charges, liens or
encumbrances, upon any of an Employer's property, or upon any of its income,
receipts, or revenues, except amounts in the accounts which are, under the terms
of each Plan and the Trust set aside for distributions. Neither the members of the
governing body of any Employer nor its officers, employees, agents or volunteers
are liable hereunder.
2.10 Loss of Tax -Exempt Status as to Any Employer
If any Employer participating in the Trust receives notice from the Internal
Revenue Service that the Trust as to such Employer fails to satisfy the
requirements of Section 115 of the Code, or if any Employer consents to the
Internal Revenue Service's determination that the Trust fails to meet such
requirements, Assets having a value equal to the funds then held in such
Employer's Agency Account shall be segregated and placed in a separate trust by
the Trustee for the exclusive benefit of such Employer's Eligible Employees
within a reasonable time after the Trust Administrator notifies the Trustee of the
Internal Revenue Service's determination. Each Employer participating in the
Trust agrees to immediately notify the Trust Administrator upon receiving such
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notice or giving such consent. The separate trust provided for in this Section 2.10
shall thereafter be considered as a separate trust containing all of the provisions of
this Trust Agreement until terminated as provided in this Trust Agreement.
ARTICLE III
ADMINISTRATIVE MATTERS
3.1 Appointment of Trustee
The Employers may, with the approval of two-thirds (2/3) or more of the
Employers then participating in the Trust, act to appoint a bank, trust company,
retirement board, insurer, committee or such other entity as permitted by law, to
serve as the trustee of this Trust. Such action must be in writing. Upon the
written acceptance of such entity it shall become the Trustee of the Trust. If the
Trustee is removed or resigns pursuant to Section 3.2, the Employers shall appoint
a successor Trustee in accordance with the voting requirements set forth in this
Section 3.1.
3.2 Resignation or Removal of Trustee
The Employers may act to remove the Trustee, provided that such action must
satisfy the voting requirements set forth in Section 3.1 and notice of such action
must be promptly delivered to the Trust Administrator, the Trustee and each Plan
Administrator. The Trustee may also resign at any time by giving at least ninety
(90) days prior written notice to the Trust Administrator and to the Plan
Administrator of each Employer that has adopted the Trust Agreement and not
terminated its participation in the Trust; provided, however, that the Trustee may
resign immediately upon the earlier of the approval date or the effective date of
any amendment of the Trust Agreement by the Employers that would change or
modify the duties, powers or liabilities of the Trustee hereunder without the
Trustee's consent. The Trustee shall, upon the appointment and acceptance of a
successor trustee, transfer and deliver the Assets and all records relating to the
Trust to the successor, after reserving such reasonable amount as it shall deem
necessary to provide for its fees and expenses and any sums chargeable against
the Trust for which it may be liable. The Trustee shall do all acts necessary to
vest title of record in the successor trustee.
3.3 Withdrawal of Employer
An Employer may elect to withdraw from the Trust by giving at least thirty (30)
days prior written notice to the Trustee and the Trust Administrator. If an
Employer so elects to withdraw, Assets having a value equal to the funds held in
such Employer's Agency Account shall be segregated by the Trustee and, as soon
as practicable, shall be transferred to one or more trusts maintained by the
Employer, provided that (i) for Assets transferred from the OPEB Account, any
such trust shall satisfy the requirements of Section 115 of the Code, (ii) for Assets
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transferred from the Pension Account, any such trust shall satisfy the
requirements of either Section 115 or 401(a) of the Code, and (iii) all assets held
by any such trust and previously held in the Employer's Pension Account or
OPEB Account shall qualify as "plan assets" within the meaning of GASB
Statement No. 68 (Accounting and Financial Reporting for Pensions —An
Amendment of GASB Statement No. 27) or GASB Statement No. 45 (Accounting
and Financial Reporting by Employers for Postemployment Benefits Other Than
Pensions), respectively, in each case as reasonably determined by the Employer
and certified in writing by the Employer to the Trust Administrator. The
Employer shall appoint a trustee for such Employer's separate trust and, upon the
trustee's acceptance of that appointment, the trustee will be vested with title to the
transferred Assets.
3.4 The Plan Administrator
The governing body of each Employer shall have plenary authority for the
administration and investment of such Employer's Agency Account pursuant to
any applicable state laws and applicable federal laws and regulations. Each
Employer shall by resolution designate a Plan Administrator. Unless otherwise
specified in the instrument the Plan Administrator shall be deemed to have
authority to act on behalf of the Employer in all matters pertaining to the
Employer's participation in the Trust and in regard to the Agency Account of the
Employer. Such appointment of a P1an Administrator shall be effective upon
receipt and acknowledgment by the Trustee and the Trust Administrator and shall
be effective until the Trustee and the Trust Administrator are furnished with a
resolution of the Employer that the appointment has been modified or terminated.
3.5 Failure to Appoint Plan Administrator
If a Plan Administrator is not appointed, or such appointment lapses, the
Employer shall be deemed to be the Plan Administrator. As used in this
document the term "Plan Administrator" shall be deemed to mean "Employer"
when a P1an Administrator has not been appointed for such Employer.
3.6 Delegatee
The Plan Administrator, acting on behalf of the Employer, may delegate certain
authority, powers and duties to a Delegatee to act in those matters specified in the
delegation. Any such delegation must be in a writing that names and identifies
the Delegatee, states the effective date of the delegation, specifies the authority
and duties delegated, is executed by the Plan Administrator, is acknowledged in
writing by the Delegatee, and is certified as required in Section 3.7 to the Trust
Administrator. Such delegation shall be effective until the Trustee and the Trust
Administrator are directed in writing by the Plan Administrator that the delegation
has been rescinded or modified.
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3.7 Certification to Trustee
The governing body of each Employer, or other duly authorized official, shall
certify in writing to the Trustee and the Trust Administrator the names and
specimen signatures of the Plan Administrator and Delegatee, if any, and all
others authorized to act on behalf of the Employer whose names and specimen
signatures shall be kept accurate by the Employer acting through a duly
authorized officer or governing body of the Employer. The Trustee and the Trust
Administrator shall have no liability if they act upon the direction of a Plan
Administrator or Delegatee that has been duly authorized, as provided in Section
3.6, if that Plan Administrator or Delegatee is no longer authorized to act, unless
the Employer has informed the Trustee and the Trust Administrator of such
change.
3.8 Directions to Trustee
All directions to the Trustee from the Plan Administrator or Delegatee must be in
writing and must be signed by the Plan Administrator or Delegatee, as the case
may be. For all purposes of this Trust Agreement, direction shall include any
certification, notice, authorization, application or instruction of the Plan
Administrator, Delegatee or Trustee appropriately communicated. The above
notwithstanding, direction may be implied if the Plan Administrator or Delegatee
has knowledge of the Trustee's intentions and fails to file written objection.
The Trustee shall have the power and duty to comply promptly with all proper
directions of the Plan Administrator or Delegatee, appointed in accordance with
the provisions of this Trust Agreement. In the case of any direction deemed by
the Trustee to be unclear or ambiguous the Trustee may seek written instructions
from the Plan Administrator, the Employer or the Delegatee on such matter and
await their written instructions without incurring any liability. If at any time the
Plan Administrator or the Delegatee should fail to give directions to the Trustee,
the Trustee may act in the manner that in its discretion seems advisable under the
circumstances for carrying out the purposes of the Trust and/or the applicable
Agency Account which may include not taking any action. The Trustee may
request directions or clarification of directions received and may delay acting
until clarification is received. In the absence of timely direction or clarification,
or if the Trustee considers any direction to be a violation of the Trust Agreement
or any applicable law, the Trustee shall in its sole discretion take appropriate
action, or refuse to act upon a direction.
3.9 Appointment of Trust Administrator
The Employers may, with the approval of two-thirds (2/3) or more of the
Employers then participating in the Trust, act to appoint a bank, trust company,
retirement board, insurer, committee or such other entity as permitted by law, to
serve as Trust Administrator of the Trust. Such action must be in writing. Upon
the written acceptance of such entity it shall become the Trust Administrator of
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the Trust. If the Trust Administrator is removed or resigns pursuant to Section
3.13, the Employers shall appoint a successor Trust Administrator in accordance
with the voting requirements set forth in this Section 3.9.
3.10 Trust Administrator
The Trust Administrator's duties involve the performance of the following
services pursuant to the provisions of this Trust Agreement and the Agreement for
Administrative Services:
(a) Performing periodic accounting of each Agency Account (including
subaccount-level accounting within each Agency Account) and reconciling such
Agency Account balances with the Trust/Omnibus Account;
(b) Directing the Trustee to make distributions from the appropriate
subaccount under an Agency Account in accordance with Section 5.9.
(c) Allocating contributions, earnings and expenses to each Agency Account
and the underlying subaccounts;
(d) Directing the Trustee to pay the fees of the Trust Administrator and to do
such other acts as shall be appropriate to carry out the intent of the Trust;
(e) Such other services as the Employer and the Trust Administrator may
agree in the Agreement for Administrative Services pursuant to Section 2.3.
The Trust Administrator shall be entitled to rely on, and shall be under no duty to
question, any direction and/or data received from the Plan Administrator, or other
duly authorized entity, in order to perform its authorized duties under this Trust
Agreement. The Trust Administrator shall not have any duty to compute
contributions made to the Trust, determine or inquire whether contributions made
to the Trust by the Plan Administrator or other duly authorized entity are adequate
to meet an Employer's Pension Obligation or OPEB Obligation as may be
determined under any applicable GASB pronouncement; or determine or inquire
whether contributions made to the Trust are in compliance with the Employer's
OPEB Plan or Pension Plan. The Trust Administrator shall not be liable for
nonperformance of duties if such nonperformance is directly caused by erroneous,
and/or late delivery of, directions or data from the Plan Administrator, or other
duly authorized entity.
3.11. Additional Trust Administrator Services
The Plan Administrator may at any time retain the Trust Administrator as its
agent to perform any act, keep any records or accounts and make any
computations which are required of the Employer or the Plan Administrator by
this Trust Agreement or by the Employer's policies and/or applicable collective
bargaining agreements. The Trust Administrator shall be separately compensated
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for such service and such services shall not be deemed to be contrary to the Trust
Agreement.
3.12 Trust Administrator's Compensation
As may be agreed upon from time to time by the Employer and Trust
Administrator, the Trust Administrator will be paid reasonable compensation for
services rendered or reimbursed for expenses properly and actually incurred in the
performance of duties with respect to such Employer's Agency Account and to
the Trust.
3.13 Resignation or Removal of Trust Administrator
The Employers may act to remove the Trust Administrator, provided that such
action must satisfy the voting requirements set forth in Section 3.9 and notice of
such action must be promptly delivered to the Trust Administrator, the Trustee
and each Plan Administrator. The Trust Administrator may also resign at any
time by giving at least one hundred and twenty (120) days prior written notice to
the Trustee and to the Plan Administrator of each Employer that has adopted the
Trust Agreement and not terminated its participation in the Trust; provided,
however, that the Trust Administrator may resign immediately upon the earlier of
the approval date or the effective date of any amendment of the Trust Agreement
by the Employers that would change or modify the duties, powers or liabilities of
the Trust Administrator hereunder without the Trust Administrator's consent.
The Trust Administrator shall, upon the appointment and acceptance of a
successor trust administrator, transfer all records relating to the Trust to the
successor.
ARTICLE IV
THE TRUSTEE
4.1 Powers and Duties of the Trustee
Except as otherwise provided in Article V and subject to Article VI, the Trustee
shall have full power and authority with respect to property held in the Trust to do
all such acts, take all proceedings, and exercise all such rights and privileges,
whether specifically referred to or not in this document, as could be done, taken or
exercised by the absolute owner, including, without limitation, the following:
(a) To invest and reinvest the Assets or any part hereof in any one or more
kind, type, class, item or parcel of property, real, personal or mixed, tangible or
intangible; or in any one or more kind, type, class, item or issue of investment or
security; or in any one or more kind, type, class or item of obligation, secured or
unsecured; or in any combination of them (including those issued by the Trustee
of any of its affiliates, to the extent permitted by applicable law), and to retain the
property for the period of time that the Trustee deems appropriate;
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(b) To acquire and sell options to buy securities ("call" options) and to acquire
and sell options to sell securities ("put" options);
(c) To buy, sell, assign, transfer, acquire, loan, lease (for any purpose,
including mineral leases), exchange and in any other manner to acquire, manage,
deal with and dispose of all or any part of the Trust property, for cash or credit
and upon any reasonable terms and conditions;
(d) To make deposits, with any bank or savings and loan institution, including
any such facility of the Trustee or an affiliate thereof provided that the deposit
bears a reasonable rate of interest;
(e) To invest and reinvest the Assets, or any part thereof in any one or more
collective investment trust funds, including common and group trust funds that
consist exclusively of assets of exempt pension and profit sharing trusts and
individual retirement accounts qualified and tax exempt under the Code, that are
maintained by the Trustee or an affiliate thereof. The declaration of trust or plan
of operations for any such common or collective fund is hereby incorporated
herein and adopted into this Trust Agreement by this reference. The combining of
money and other assets of the Trust with money and other assets of other non -
qualified trusts in such fund or funds is specifically authorized. Notwithstanding
anything to the contrary in this Trust Agreement, the Trustee shall have full
investment responsibility over Assets of the Trust invested in such commingled
funds. If the plan and trust for any reason lose their tax exempt status, and the
Assets have been commingled with assets of other tax exempt trusts in Trustee's
collective investment funds, the Trustee shall within 30 days of notice of such loss
of tax exempt status, liquidate the Trust's units of the collective investment
fund(s) and invest the proceeds in a money market fund pending investment or
other instructions from the Plan Administrator. The Trustee shall not be liable for
any loss or gain or taxes, if any, resulting from said liquidation;
(f) To place uninvested cash and cash awaiting distribution in one or more
mutual funds and/or commingled investment funds maintained by or made
available by the Trustee or any of its affiliates, and to receive compensation from
the sponsor of such fund(s) for services rendered, separate and apart from any
Trustee's fees hereunder. The Trustee or its affiliate may also be compensated for
providing investment advisory services to any mutual fund or commingled
investment funds;
(g) To borrow money for the purposes of the Trust from any source with or
without giving security; to pay interest; to issue promissory notes and to secure
the repayment thereof by pledging all or any part of the Assets;
(h) To take all of the following actions: to vote proxies of any stocks, bonds
or other securities; to give general or special proxies or powers of attorney with or
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without power of substitution; to exercise any conversion privileges, subscription
rights or other options, and to make any payments incidental thereto; to consent to
or otherwise participate in corporate reorganizations or other changes affecting
corporate securities and to delegate discretionary powers and to pay any
assessments or charges in connection therewith; and generally to exercise any of
the powers of an owner with respect to stocks, bonds, securities or other property
held in the Trust;
(i) To make, execute, acknowledge and deliver any and all documents of
transfer and conveyance and any and all other instruments that may be necessary
or appropriate to carry out the powers herein granted;
(j) To raze or move existing buildings; to make ordinary or extraordinary
repairs, alterations or additions in and to buildings; to construct buildings and
other structures and to install fixtures and equipment therein;
(k) To pay or cause to be paid from the Trust any and all real or personal
property taxes, income taxes or other taxes or assessments of any or all kinds
levied or assessed upon or with respect to the Trust;
(1) To exercise all the further rights, powers, options and privileges granted,
provided for, or vested in trustees generally under applicable federal or state laws,
as amended from time to time, it being intended that, except as herein otherwise
provided, the powers conferred upon the Trustee herein shall not be construed as
being in limitation of any authority conferred by law, but shall be construed as
consistent or in addition thereto.
4.2 Additional Trustee Powers
In addition to the other powers enumerated above, the Trustee in any and all
events is authorized and empowered:
(a) To invest funds pending required directions in any type of interest -bearing
account, including, without limitation, time certificates of deposit or interest -
bearing accounts issued by the Trustee, or any mutual fund or short term
investment fund ("Fund"), whether sponsored or advised by the Trustee or any
affiliate thereof); the Trustee or its affiliates may be compensated for providing
such investment advice and providing other service to such Fund, in addition to
any Trustee's fees received pursuant to this Trust Agreement;
(b) To cause all or any part of the Trust to be held in the name of the Trustee
(which in such instance need not disclose its fiduciary capacity) or, as permitted
by law, in the name of any nominee, and to acquire for the Trust any investment
in bearer form, but the books and records of the Trust shall at all times show that
all such investments are a part of the Trust and the Trustee shall hold evidences of
title to all such investments;
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(c) To serve as custodian with respect to the Trust Assets;
(d) To employ such custodians, agents and counsel as may be reasonably
necessary in managing and protecting the Assets and to pay them reasonable
compensation from the Trust; to employ any broker -dealer or other agent,
including any broker -dealer or other agent affiliated with the Trustee, and pay to
such broker -dealer or other agent, at the expense of the Trust, its standard
commissions or compensation; to settle, compromise or abandon all claims and
demands in favor of or against the Trust; and to charge any premium on bonds
purchased at par value to the principal of the Trust without amortization from the
Trust, regardless of any law relating thereto;
(e) In addition to the powers listed herein, to do all other acts necessary or
desirable for the proper administration of the Trust, as though the absolute owner
thereof;
(f) To prosecute, compromise and defend lawsuits, but without obligation to
do so, all at the risk and expense of the Trust; and to tender its defense to the
Employer in any legal proceeding where the interests of the Trustee and the
Employer are not adverse;
(g) To exercise and perform any and all of the other powers and duties
specified in this Trust Agreement or the Plan;
(h) To permit such inspections of documents at the principal office of the
Trustee as are required by law, subpoena or demand by a United States agency;
(i) To comply with all requirements imposed by applicable provisions of law;
(j) To seek written instructions from the Plan Administrator or other fiduciary
on any matter and await their written instructions without incurring any liability.
If at any time the Plan Administrator or the fiduciary should fail to give directions
to the Trustee, the Trustee may act in the manner that in its discretion seems
advisable under the circumstances for carrying out the purposes of the Trust;
(k) To compensate such executive, consultant, actuarial, accounting,
investment, appraisal, administrative, clerical, secretarial, medical, custodial,
depository and legal firms, personnel and other employees or assistants as are
engaged by the Plan Administrator in connection with funding the Employer's
OPEB Obligation or Pension Obligation or both and to pay from the Trust the
necessary expenses of such firms, personnel and assistants, to the extent not paid
by the Plan Administrator;
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(1) To act upon proper written directions of the Plan Administrator or
Delegatee, including directions given by photostatic transmissions using facsimile
signature, and such other forms of directions as the parties shall agree;
(m) To pay from the Trust the expenses reasonably incurred in the
administration of the Trust;
(n) To maintain insurance for such purposes, in such amounts and with such
companies as the Plan Administrator shall elect, including insurance to cover
liability or losses occurring by reason of the acts or omissions of fiduciaries but
only if such insurance permits recourse by the insurer against the fiduciary in the
case of a breach of a fiduciary obligation by such fiduciary.
ARTICLE V
INVESTMENTS
5.1 Discretionary Versus Directed Investment
For the Pension Account and the OPEB Account under the Agency Account, the
Employer shall elect either a discretionary or directed investment approach. The
Employer may elect the same or different investment approaches for those two
subaccounts. The Employer hereby elects a directed approach for the Suspense
Account. If the Employer elects a discretionary investment approach for a
subaccount, the Employer shall further elect between the various investment
strategies offered and the Trustee, in accordance with Article IV, shall have
absolute discretion over the investment of the Assets held in such subaccount
under the Employer's Agency Account. If the Employer elects a directed
investment approach for a subaccount, the Trustee shall direct the investment of
the Assets of such subaccount under the Employer's Agency Account in
accordance with the direction provided by such Employer.
5.2 Trustee Fees
As may be agreed upon, in writing, between the Plan Administrator and Trustee,
the Trustee will be paid reasonable compensation for services rendered or
reimbursed for expenses properly and actually incurred in the performance of
duties with respect to the applicable Agency Account or the Trust.
5.3 Contributions
Eligible Employees are not permitted to make contributions to the Trust. The
Plan Administrator shall, on behalf of the Employer, make all contributions to the
Trustee. Such contributions shall be in cash unless the Trustee agrees to accept a
contribution that is not in cash. All contributions shall be paid to the Trustee for
investment and reinvestment pursuant to the terms of this Trust Agreement. The
Trustee shall not have any duty to determine or inquire whether any contributions
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to the Trust made to the Trustee by any Plan Administrator are in compliance with
the Employer's Pension Plan or OPEB Plan; nor shall the Trustee have any duty
or authority to compute any amount to be paid to the Trustee by any Plan
Administrator; nor shall the Trustee be responsible for the collection or adequacy
of the contributions to meet an Employer's Pension Obligation or OPEB
Obligation. The contributions received by the Trustee from each Employer shall
be held and administered pursuant to the terms hereof without distinction between
income and principal.
5.4 Records
(a) The Trustee shall maintain accurate records and detailed accounts of all
investments, receipts, disbursements and other transactions hereunder at the Trust
level. Such records shall be available at all reasonable times for inspection by the
Trust Administrator. The Trustee shall, at the direction of the Trust
Administrator, submit such valuations, reports or other information as the Trust
Administrator may reasonably require.
(b) The Assets of the Trust shall be valued at their fair market value on the
date of valuation, as determined by the Trustee based upon such sources of
information as it may deem reliable; provided, however, that the Plan
Administrator shall instruct the Trustee as to valuation of assets which are not
readily determinable on an established market. The Trustee may rely
conclusively on such valuations provided by the Plan Administrator and shall be
indemnified and held harmless by the Employer with respect to such reliance. If
the Plan Administrator fails to provide such values, the Trustee may take
whatever action it deems reasonable, including employment of attorneys,
appraisers or other professionals, the expense of which will be an expense of
administration of the Trust. Transactions in the account involving such hard to
value assets may be postponed until appropriate valuations have been received
and Trustee shall have no liability therefore.
5.5 Statements
(a) Periodically as specified, and within sixty days after December 31, or the
end of the Trust's fiscal year if different, Trustee shall render to the Trust
Administrator as directed, a written account showing in reasonable summary the
investments, receipts, disbursements and other transactions engaged in by the
Trustee during the preceding fiscal year or period with respect to the Trust. Such
account shall set forth the assets and liabilities of the Trust valued as of the end of
the accounting period.
(b) The Trust Administrator may approve such statements either by written
notice or by failure to express objections to such statements by written notice
delivered to the Trustee within 90 days from the date the statement is delivered to
the Trust Administrator. Upon approval, the Trustee shall be released and
discharged as to all matters and items set forth in such statement as if such
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account had been settled and allowed by a decree from a court of competent
jurisdiction.
5.6 Wire Transfers
The Trustee shall follow the Plan Administrator's, Delegatee's, or Trust
Administrator's wire transfer instructions in compliance with the written security
procedures provided by the party providing the wire transfers. The Trustee shall
perform a telephonic verification to the Plan Administrator, Trust Administrator,
or Delegatee, or such other security procedure as selected by the party providing
wire transfer directions, prior to wiring funds or following facsimile directions as
Trustee may require. The Plan Administrator assumes the risk of delay of transfer
if Trustee is unable to reach the Plan Administrator, or in the event of delay as a
result of attempts to comply with any other security procedure selected by the
directing party.
5.7 Exclusive Benefit
The Assets of an Employer's Agency Account shall be held in trust for the
exclusive purpose of funding the Employer's OPEB Obligation or Pension
Obligation or both and defraying the reasonable expenses associated with the
same and shall not be used for or diverted to any other purpose. No party shall
have authority to use or divert the Assets of an Agency Account of an Employer
for the satisfaction of any other Employer's Pension Obligation or OPEB
Obligation or any other Employer's expenses.
5.8 Delegation of Duties
The Plan Administrator, Delegatee, or Trust Administrator, may at any time retain
the Trustee as its agent to perform any act, keep any records or accounts and make
any computations that are required of the Plan Administrator, Delegatee or Trust
Administrator by this Trust Agreement or by the Plan. The Trustee may be
compensated for such retention and such retention shall not be deemed to be
contrary to this Trust Agreement.
5.9 Distributions
(a) The Trustee shall, from time to time, upon the written direction of the Plan
Administrator or Delegatee, make distributions from the Assets of the Trust under
the OPEB Account to the insurers, third party administrators, service providers or
other entities providing benefits or services under the OPEB Plan, or to Eligible
Employees and Eligible Beneficiaries for reimbursement of OPEB Plan premiums
(or other payments for OPEB Plan benefits) paid by the Eligible Employee or
Eligible Beneficiary, or to the Employer for reimbursement of OPEB Plan
benefits and expenses paid by the Employer, in such manner in such form(s), in
such amounts and for such purposes as may be specified in such directions.
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(b) In addition, the Trustee shall, from time to time, upon the written direction
of the Plan Administrator or Delegatee, make distributions from the Assets of the
Trust under the Pension Account directly to (i) the Qualified Trust as employer
contributions, (ii) any insurers, third party administrators, service providers or
other entities providing services in connection with determining the Employer's
Pension Obligation, or (iii) the Employer as reimbursement for the Employer's
payment of amounts described in this Section 5.9(b)(i) and (ii).
(c) In no event shall the Trustee have any responsibility respecting the
application of distributions from the Assets of the Trust, or for determining or
inquiring into whether such distributions are in accordance with the Employer's
OPEB Plan, Pension Plan, policies, or applicable collective bargaining
agreements.
ARTICLE VI
FIDUCIARY RESPONSIBILITIES
6.1 More Than One Fiduciary Capacity
Any one or more of the fiduciaries with respect to the Trust Agreement or the
Trust may, to the extent required thereby or as directed by the Plan Administrator
pursuant to this Trust Agreement, serve in more than one fiduciary capacity with
respect to the Trust Agreement and the Trust.
6.2 Fiduciary Discharge of Duties
Except as otherwise provided by applicable law, each fiduciary shall discharge
such fiduciary's duties with respect to the Trust Agreement and the Trust:
(a) solely in the interest of the Eligible Employees and for the exclusive
purpose of funding the Employer's OPEB Obligation or Pension Obligation or
both and defraying the reasonable expenses associated with the same; and
(b) with the care, skill, prudence, and diligence under the circumstances then
prevailing that a prudent man acting in a like capacity and familiar with such
matters would use in the conduct of an enterprise of like character and with like
aims.
6.3 Limitations on Fiduciary Responsibility
To the extent allowed by the laws of the state of each Employer:
No fiduciary shall be liable with respect to a breach of fiduciary duty by any other
fiduciary if such breach was committed before such party became a fiduciary or
after such party ceased to be a fiduciary.
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No fiduciary shall be liable for a breach by another fiduciary except as provided
by law.
No fiduciary shall be liable for carrying out a proper direction from another
fiduciary, including refraining from taking an action in the absence of a proper
direction from the other fiduciary possessing the authority and responsibility to
make such a direction, which direction the fiduciary in good faith believes to be
authorized and appropriate.
6.4 Indemnification of Trustee by Employer
The Trustee shall not be liable for, and Employer shall (to the extent allowed by
the laws of the state of each Employer) indemnify, defend (as set out in Section
6.8 of this Trust Agreement), and hold the Trustee (including its officers, agents,
employees and attorneys) and other Employers harmless from and against any
claims, demands, loss, costs, expense or liability imposed on the indemnified
party, including reasonable attorneys' fees and costs incurred by the indemnified
party, arising as a result of Employer's active or passive negligent act or omission
or willful misconduct in the execution or performance of its duties under this
Trust Agreement.
6.5 Indemnification of Employer by Trustee
The Employer shall not be liable for, and Trustee shall (to the extent allowed by
the laws of the state of each Employer) indemnify, defend (as set out in Section
6.8 of this Trust Agreement), and hold the Employer (including its officers,
agents, employees and attorneys) and other Employers harmless from and against
any claims, demands, loss, costs, expense or liability imposed on the indemnified
party, including reasonable attorneys' fees and costs incurred by the indemnified
party, arising as a result of Trustee's active or passive negligent act or omission or
willful misconduct in the execution or performance of its duties under this Trust
Agreement.
6.6 Indemnification of Trustee by Trust Administrator
The Trustee shall not be liable for, and Trust Administrator shall (to the extent
allowed by the laws of the state of each Employer) indemnify and hold the
Trustee (including its officers, agents, employees and attorneys) harmless from
and against any claims, demands, loss, costs, expense or liability imposed on the
indemnified party, including reasonable attorneys' fees and costs incurred by the
indemnified party, arising as a result of Trust Administrator's active or passive
negligent act or omission or willful misconduct in the execution or performance
of its duties under this Trust Agreement.
6.7 Indemnification of Trust Administrator by Trustee
The Trust Administrator shall not be liable for, and Trustee shall (to the extent
allowed by the laws of the state of each Employer) indemnify and hold the Trust
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Administrator (including its officers, agents, employees and attorneys) harmless
from and against any claims, demands, loss, costs, expense or liability imposed on
the indemnified party, including reasonable attorneys' fees and costs incurred by
the indemnified party, arising as a result of Trustee's active or passive negligent
act or omission or willful misconduct in the execution or performance of its duties
under this Trust Agreement.
6.8 Indemnification Procedures
Promptly after receipt by an indemnified party of notice or receipt of a claim or
the commencement of any action for which indemnification may be sought, the
indemnified party will notify the indemnifying party in writing of the receipt or
commencement thereof. When the indemnifying party has agreed to provide a
defense as set out above that party shall assume the defense of such action
(including the employment of counsel, who shall be counsel reasonably
satisfactory to such indemnitee) and the payment of expenses, insofar as such
action shall relate to any alleged liability in respect of which indemnity may be
sought against the indemnifying party. Any indemnified party shall have the right
to employ separate counsel in any such action and to participate in the defense
thereof, but the fees and expenses of such counsel shall not be at the expense of
the indemnifying party unless (i) the employment of such counsel has been
specifically authorized by the indemnifying party or (ii) the named parties to any
such action (including any impleaded parties) include both the indemnifying party
and the indemnified party and representation of both parties by the same counsel
would be inappropriate due to actual or potential differing interest between them.
The indemnifying party shall not be liable to indemnify any person for any
settlement of any such action effected without the indemnifying party's consent.
The indemnification procedures of this Trust Agreement shall survive the
termination of the Trust, any Employer's participation in the Trust and/or this
Trust Agreement.
6.9 No Joint and Several Liability
This document is not intended to and does not create any joint powers agreement
or any joint and several liability. No Employer shall be responsible for any
contributions, costs or distributions of any other Employer.
ARTICLE VII
AMENDMENT, TERMINATION AND MERGER
7.1 No Contractual Obligation
An Employer's participation in the Trust does not create, and is not intended to
create, any contractual obligation to Eligible Employees. Therefore, no Employer
is contractually obligated to Eligible Employees solely due to its participation in
Page 20 of 25
96 of 171
the Trust to continue providing benefits under its Pension Plan or OPEB Plan or
to make contributions to the Trust.
7.2 Amendment of Trust
(a) The Trust Agreement may be amended only by the approval of two-thirds
(2/3) or more of the Employers then participating in the Trust. Any such
amendment by the Employers shall be set forth in an instrument in writing and
shall be delivered to the Trustee, the Trust Administrator and all Plan
Administrators not less than one hundred and eighty (180) days before the
effective date of such amendment; provided, however, that any party may waive
in writing such 180-day requirement with respect to any amendment (and such
waiver shall not constitute a waiver with respect to any other amendment); and
provided, further, that a waiver in writing of such 180-day requirement by two-
thirds (2/3) or more of the Plan Administrators of the Employers participating in
the Trust as of the date the amendment is adopted shall constitute a waiver of such
180-day requirement by all of the Employers then participating in the Trust. In
addition, the Trust Administrator or the Trustee shall have the right to amend this
Trust Agreement from time to time (without the requirement of a vote of
Employers) solely for the purpose of keeping the Trust Agreement in compliance
with the Code and applicable state law. Any such amendment by the Trust
Administrator or the Trustee shall be set forth in an instrument in writing and
shall be delivered to the Trustee, the Trust Administrator and all Plan
Administrators promptly as each is made.
(b) Any amendment of the Trust Agreement may be current, retroactive or
prospective, provided, however, that no amendment shall:
(1) Cause the Assets of any Agency Account to be used for or diverted
to purposes other than for the exclusive purpose of funding the
Employer's OPEB Obligation or Pension Obligation or both and defraying
the reasonable expenses associated with the same.
(2) Permit the Assets of any Agency Account to be used for the benefit
of any other Employer.
7.3 Termination of Employer's Obligation to Provide Pension Benefits or OPEB
A termination of the Employer's obligation to provide benefits under the
Employer's Pension Plan or OPEB Nan for which the Employer's Agency
Account was established shall not, in itself, effect a termination of the Agency
Account. Upon a termination of the Employer's obligation to provide benefits
under its Pension Plan or OPEB Plan, the Assets of the Employer's Pension
Account or OPEB Account, as applicable, will be distributed by the Trustee when
directed by the Plan Administrator in accordance with this Section 7.3. From and
after the date of such termination and until final distribution of all Assets under
the Employer's Agency Account, the Trustee shall continue to have all the powers
Page 21 of 25
97 of 171
provided herein as are necessary or expedient for the orderly liquidation and
distribution of such Assets, and the Agency Account shall continue until the
Assets have been completely distributed. Any Assets remaining in the Pension
Account or OPEB Account will be used first to satisfy any remaining Pension
Obligation or OPEB Obligation, respectively, pursuant to the Employer's Pension
Plan or OPEB Plan (to the extent that such distribution constitutes the exercise of
an "essential governmental function" within the meaning of Section 115 of the
Code) and to satisfy any of such Employer's obligations under this Trust
Agreement. Any Assets remaining in the Employer's Pension Account or OPEB
Account (as applicable) after giving effect to the preceding sentence will be paid
to the Employer to the extent permitted by law and consistent with the
requirements of Section 115 of the Code.
7.4 Fund Recovery Based on Mistake of Fact
Except as hereinafter provided or in accordance with Section 7.3, the Assets of
the Trust shall never inure to the benefit of the Employer. The Assets shall be
held for the exclusive purpose of funding the Employer's OPEB Obligation or
Pension Obligation or both and defraying the reasonable expenses associated with
the same. However, in the case of a contribution which is made by an Employer
because of a mistake of fact, that portion of the contribution relating to the
mistake of fact (exclusive of any earnings or losses attributable thereto) may be
returned to the Employer, provided such return occurs within two (2) years after
discovery by the Employer of the mistake. If any repayment is payable to the
Employer, then, as a condition to such repayment, and only if requested by
Trustee, the Employer shall execute, acknowledge and deliver to the Trustee its
written undertaking, in a form satisfactory to the Trustee, to indemnify, defend
and hold the Trustee harmless from all claims, actions, demands or liabilities
arising in connection with such repayment.
7.5 Termination of Trust
(a) The Trust and this Trust Agreement may be terminated by the unanimous
agreement of all Employers, which action must be in writing and delivered to the
Trustee and Trust Administrator. Upon termination of the Trust under this Section
7.5(a), the Assets of each Employer's Pension Account or OPEB Account, as
applicable, will be distributed by the Trustee when directed by the Plan
Administrator in accordance with this Section 7.5(a). From and after the date of
such termination and until final distribution of all Assets under each Employer's
Agency Account, the Trustee shall continue to have all the powers provided
herein as are necessary or expedient for the orderly liquidation and distribution of
such Assets, and the Agency Account shall continue until the Assets have been
completely distributed. Any Assets remaining in the Pension Account or OPEB
Account will be used first to satisfy any remaining Pension Obligation or OPEB
Obligation, respectively, pursuant to the Employer's Pension Plan and OPEB Plan
(to the extent that such distribution constitutes the exercise of an "essential
governmental function" within the meaning of Section 115 of the Code) and to
Page 22 of 25
98 of 171
satisfy any of such Employer's obligations under this Trust Agreement. Any
Assets remaining in the Employer's Pension Account or OPEB Account (as
applicable) after giving effect to the preceding sentence will be paid to the
Employer to the extent permitted by law and consistent with the requirements of
Section 115 of the Code.
(b) Contributions to the Trust are conditioned on initial qualification of the
Trust under Section 115 of the Code. If the Trust receives an adverse
determination with respect to its initial qualification, then the Trust and this Trust
Agreement will automatically terminate without any action by any Employer or
other parties. After such termination, the Assets of each Employer's Pension
Account or OPEB Account, as applicable, will be returned by the Trustee to the
Employer as directed by the Plan Administrator in accordance with this Section
7.5(b) to the extent permitted by law and consistent with the requirements of
Section 115 of the Code. This Section 7.5(b) will cease to apply upon the Trust's
receipt of a favorable determination with respect to its initial qualification.
(c) The Trust and this Trust Agreement may be terminated only as described
in this Section 7.5. In no case will the assets of the Trust be distributed on
termination to an entity that is not a state, a political subdivision of a state or an
entity the income of which is excluded from gross income under Section 115 of
the Code.
ARTICLE VIl[I
MISCELLANEOUS PROVISIONS
8.1 Nonalienation
Eligible Employees do not have an interest in the Trust. Accordingly, the Trust
shall not in any way be liable to attachment, garnishment, assignment or other
process, or be seized, taken, appropriated or applied by any legal or equitable
process, to pay any debt or liability of an Eligible Employee or any other party.
Trust Assets shall not be subject to the claims of any Employer or the claims of its
creditors.
8.2 Saving Clause
In the event any provision of this Trust Agreement is held illegal or invalid for
any reason, said illegality or invalidity shall not affect the remaining parts of the
Trust Agreement, but this instrument shall be construed and enforced as if said
provision had never been included.
8.3 Applicable Law
This Trust Agreement and the Trust shall be construed, administered and
governed under the Code and the law of the State of California. To the extent any
Page 23 of 25
99 of 171
of the provisions of this Trust Agreement are inconsistent with the Code or
applicable state law, the provisions of the Code or state law shall control. In the
event, however, that any provision is susceptible to more than one interpretation,
such interpretation shall be given thereto as is consistent with the Trust
Agreement being a tax-exempt trust within the meaning of the Code.
8.4 Joinder of Parties
In any action or other judicial proceedings affecting this Trust Agreement, it shall
be necessary to join as parties only the Trustee, the Plan Administrator or
Delegatee. No participant or other persons having an interest in the Trust or any
Agency Account shall be entitled to any notice or service of process unless
otherwise required by law. Any judgment entered in such a proceeding or action
shall be binding on all persons claiming under this Trust Agreement; provided,
however, that nothing in this Trust Agreement shall be construed as to deprive a
participant of such participant's right to seek adjudication of such participant's
rights under applicable law.
8.5 Employment of Counsel
The Trustee may consult with legal counsel (who may be counsel for the Trustee,
the Trust Administrator or any Employer) with respect to the interpretation of this
Agreement or the Trustee's duties hereunder or with respect to any legal
proceedings or any questions of law and shall be entitled to take action or not to
take action in good faith reliance on the advice of such counsel and charge the
Trust and, as applicable, one or more Agency Accounts.
8.6 Gender and Number
Words used in the masculine, feminine or neuter gender shall each be deemed to
refer to the other whenever the context so requires; and words used in the singular
or plural number shall each be deemed to refer to the other whenever the context
so requires.
8.7 Headings
Headings used in this Trust Agreement are inserted for convenience of reference
only and any conflict between such headings and the text shall be resolved in
favor of the text.
8.8 Counterparts
This Trust Agreement may be executed in an original and any number of
counterparts by the Plan Administrator (executing an Adoption Agreement), the
Trust Administrator and the Trustee, each of which shall be deemed to be an
original of the one and the same instrument.
Page 24 of 25
100 of 171
IN WITNESS WHEREOF, the Plan Administrator (by executing the Adoption
Agreement), the Trustee and the Trust Administrator have executed this Trust Agreement by
their duly authorized agents on the Effective Date.
U.S. BANK NATIONAL ASSOCIATION PUBLIC AGENCY
RETIREMENT SERVICES
"Trustee" "Trust Administrator"
By: By:
SiSignatur
Susan M. Hughes Daniel Johnson
Typed or printed name
Typed or printed name
Its: Vice President & Relationship Manager Its: President
Page 25 of 25
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CC/CDC-HA Agenda
9/17/2019 — Page 102
The following page(s) contain the backup material for Agenda Item: Resolution of the
City Council of the City of National City approving the amendment of City Council
Policy # 201, Maintenance of Reserves, to establish an irrevocable other post -
employment benefits (OPEB) trust reserve. (Finance)
Please scroll down to view the backup material.
102 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Resolution of the City Council of the City of National City approving the amendment of City Council
Policy # 201, "Maintenance of Reserves," to establish an irrevocable other post -employment benefits
(OPEB) trust reserve.
PREPARED BY: Mark Roberts, Director of Finance DEPARTMENT: Finance
PHONE: 619-336-4330 APPROVED BY: (G'//ate Xa
EXPLANATION:
At the Special Meeting of the City Council on April 24, 2019, the City Council approved the assignment of $3.1
million of General Fund fund balance to establish an other post -employment benefits (OPEB) trust.
Establishment of this trust addresses Strategic Plan Objective 2, "Achieve Fiscal Sustainability" and, more
specifically, Objective 2b, "Address long-term pension liability and other post -employment benefits (OPEB)." In
addition, it will allow the assets set aside for these benefits to be invested using a strategy expected to yield
higher returns than they are currently earning as surplus funds, due to investment limitations imposed upon
surplus funds by California Government Code Section 53600 et seq. and City Council Policy #203, "Investments."
Investment in a portfolio expected to yield higher returns will reduce the City's total net OPEB liability by allowing
the discount rate applied to the OPEB assets to be increased.
With this item, staff recommends amendment of City Council Policy # 201, "Maintenance of Reserves," to add
"Irrevocable Other Post -Employment Benefits Trust Reserve" to the City's reserves and establish a target level for
the trust of an amount equal to the total net liability of the City's OPEB plans.
FINANCIAL STATEMENT:
ACCOUNT NO.
NA
APPROVED: `-W.ZE FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF RECOMMENDATION:
Adopt the resolution, approving the amendment of City Council Policy # 201, "Maintenance of
Reserves," to establish an irrevocable other post -employment benefits (OPEB) trust reserve.
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
1. Council Policy # 201, "Maintenance of Reserves"
2. Resolution
1U:iOT1/1
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26,1985 AMENDED: November 21, 2017
Purpose
The City will establish reserves to strengthen its ability to withstand unexpected financial
emergencies such as those that may result from national disasters, revenue shortfalls, or
unanticipated expenditures of a non -recurring nature and to accumulate funds for large-scale
purchases.
Policy
The City Manager is charged with the responsibility of accumulating and maintaining the City's
reserves at the following target levels:
• GENERAL FUND CONTINGENCY RESERVE: an amount equal to between twenty-five
percent (25%) and fifty percent (50%) of a single year's budgeted General Fund operating
expenditures. "Operating expenditures" shall be defined as all expenditures, except those of a
capital nature, plus operating subsidies provided to the Library Fund, Parks Fund, Nutrition
Fund, and Personnel Compensation Fund.
• GENERAL FUND FACILITIES MAINTENANCE RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of the total acquisition cost of the City's
building assets. "Building assets" shall be defined as all permanent or nonpermanent structures
constructed or installed to provide a workplace for City employees or house City assets and/or
operations.
• GAS TAXES FUND CONTINGENCY RESERVE: an amount equal to a minimum of five
percent (5%) of the estimated annual revenue of the Gas Taxes Fund.
• SEWER SERVICE FUND OPERATIONS / CASH FLOW RESERVE: an amount equal
to between twenty-five percent (25%) and fifty percent (50%) of a single year's budgeted
Sewer Service Fund operating expenditures.
• SEWER SERVICE FUND METRO CASH FLOW RESERVE: an amount equal to the
City's estimated portion of the projected cash needs for capital costs of the San Diego
Metropolitan Sewerage System's wastewater treatment program.
104 of 171
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26, 1985 AMENDED: November 21, 2017
• SEWER SERVICE FUND CAPITAL REPLACEMENT RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• SEWER SERVICE FUND CAPITAL EXPANSION RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• SEWER SERVICE FUND EMERGENCY / NATURAL DISASTER RESERVE: an
amount equal to a minimum of fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• LIABILITY INSURANCE RESERVE: an amount sufficient to ensure liability insurance
claim assets of the Liability Insurance Fund equal to the eighty percent (80%) Confidence
Level of Adequacy applicable to estimated liability insurance claims, as established biennially
by the City's actuary.
• WORKERS' COMPENSATION RESERVE: an amount sufficient to ensure Workers'
Compensation claim assets of the Liability Insurance Fund equal to the eighty percent (80%)
Confidence Level of Adequacy applicable to estimated Workers' Compensation claims, as
established biennially by the City's actuary.
• DEBT SERVICE RESERVES: in each fund from which debt service is paid, an amount
equal to the total required by applicable indenture(s) and/or other agreement(s), but in no case
less than one year's debt service requirement of all long-term City obligations, excluding inter -
fund loans.
• IRREVOCABLE SUPPLEMENTAL PENSION TRUST RESERVE: an amount equal to
the total net pension liability of the City's pension plans. The balance of this reserve shall not
be subject to the "Replenishment of Reserves" requirement.
• VEHICLE REPLACEMENT RESERVE: an amount equal to between the accumulated
depreciation and estimated replacement value of the motor vehicle assets of the Vehicle
Replacement Fund. For the purposes of this policy, "motor vehicle" shall be defined as a self-
propelled, wheeled vehicle with propulsion provided by an engine or motor which must be
operated by one or more persons to perform the function(s) for which it is designed.
The actual amount of each reserve shall be determined each year by the City Manager as part of
the budgeting process and shall be annually reported to the City Council as part of or in conjunction
with the Comprehensive Annual Financial Report (CAFR); however, nothing in this policy shall
prevent determining or reporting on the level of any reserves at other times during the year.
105 of 171
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26, 1985 AMENDED: November 21, 2017
The above requirements may be suspended only upon approval of Council.
Replenishment of Reserves
If its balance falls below the minimum required level, the City shall strive to restore it to the
minimum required balance by any feasible means, including, but not limited to, adopting a
budgetary surplus; applying any cost savings, over -realized revenues, and/or surpluses realized
within the applicable fund; or transferring a portion of the General Fund Contingency Reserve.
Unless otherwise noted, the following guidelines will be used to restore a reserve fund:
• If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to
100% over a 1 to 3 year period.
• If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to
100% over a 3 to 5 year period.
• If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to
100% over a 5 to 7 year period.
These guidelines may be suspended, in whole or part, if financial or economic circumstances
prevent meeting any or all of the timelines.
Once established or increased, a reserve balance shall become committed fund balance, as defined
by Governmental Accounting Standards Board Statement Number 54, within the applicable fund
and, as such, shall require Council approval for all transfers and expenditures therefrom.
Related Policy References
None
Prior Policy Amendments
June 7, 2016
October 7, 2014
December 10, 2013
March 12, 2002
106 of 171
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26,1985 AMENDED: November 21, 2017
September 17, 2019
Purpose
The City will establish reserves to strengthen its ability to withstand unexpected financial
emergencies such as those that may result from national disasters, revenue shortfalls, or
unanticipated expenditures of a non -recurring nature and to accumulate funds for large-scale
purchases.
Policy
The City Manager is charged with the responsibility of accumulating and maintaining the City's
reserves at the following target levels:
• GENERAL FUND CONTINGENCY RESERVE: an amount equal to between twenty-five
percent (25%) and fifty percent (50%) of a single year's budgeted General Fund operating
expenditures. "Operating expenditures" shall be defined as all expenditures, except those of a
capital nature, plus operating subsidies provided to the Library Fund, Parks Fund, Nutrition
Fund, and Personnel Compensation Fund.
• GENERAL FUND FACILITIES MAINTENANCE RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of the total acquisition cost of the City's
building assets. "Building assets" shall be defined as all permanent or nonpermanent structures
constructed or installed to provide a workplace for City employees or house City assets and/or
operations.
• GAS TAXES FUND CONTINGENCY RESERVE: an amount equal to a minimum of five
percent (5%) of the estimated annual revenue of the Gas Taxes Fund.
• SEWER SERVICE FUND OPERATIONS / CASH FLOW RESERVE: an amount equal
to between twenty-five percent (25%) and fifty percent (50%) of a single year's budgeted
Sewer Service Fund operating expenditures.
• SEWER SERVICE FUND METRO CASH FLOW RESERVE: an amount equal to the
City's estimated portion of the projected cash needs for capital costs of the San Diego
Metropolitan Sewerage System's wastewater treatment program.
107 of 171
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26, 1985 AMENDED: November 21, 2017
• SEWER SERVICE FUND CAPITAL REPLACEMENT RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• SEWER SERVICE FUND CAPITAL EXPANSION RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• SEWER SERVICE FUND EMERGENCY / NATURAL DISASTER RESERVE: an
amount equal to a minimum of fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• LIABILITY INSURANCE RESERVE: an amount sufficient to ensure liability insurance
claim assets of the Liability Insurance Fund equal to the eighty percent (80%) Confidence
Level of Adequacy applicable to estimated liability insurance claims, as established biennially
by the City's actuary.
• WORKERS' COMPENSATION RESERVE: an amount sufficient to ensure Workers'
Compensation claim assets of the Liability Insurance Fund equal to the eighty percent (80%)
Confidence Level of Adequacy applicable to estimated Workers' Compensation claims, as
established biennially by the City's actuary.
• DEBT SERVICE RESERVES: in each fund from which debt service is paid, an amount
equal to the total required by applicable indenture(s) and/or other agreement(s), but in no case
less than one year's debt service requirement of all long-term City obligations, excluding inter -
fund loans.
• IRREVOCABLE SUPPLEMENTAL PENSION TRUST RESERVE: an amount equal to
the total net pension liability of the City's pension plans. The balance of this reserve shall not
be subject to the "Replenishment of Reserves" requirementguidelines.
• IRREVOCABLE OTHER POST -EMPLOYMENT BENEFITS TRUST RESERVE: an
amount equal to the total net other post -employment benefits (OPEB) liability of the City's
OPEB plans. The balance of this reserve shall not be subject to the "Replenishment of
Reserves" guidelines.
• VEHICLE REPLACEMENT RESERVE: an amount equal to between the accumulated
depreciation and estimated replacement value of the motor vehicle assets of the Vehicle
Replacement Fund. For the purposes of this policy, "motor vehicle" shall be defined as a self-
propelled, wheeled vehicle with propulsion provided by an engine or motor which must be
operated by one or more persons to perform the function(s) for which it is designed.
108 of 171
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26, 1985 AMENDED: November 21, 2017
The actual amount of each reserve shall be determined each year by the City Manager as part of
the budgeting process and shall be annually reported to the City Council as part of or in conjunction
with the Comprehensive Annual Financial Report (CAFR); however, nothing in this policy shall
prevent determining or reporting on the level of any reserves at other times during the year.
The above requirements may be suspended only upon approval of Council.
Replenishment of Reserves
If its balance falls below the minimum required level, the City shall strive to restore it to the
minimum required balance by any feasible means, including, but not limited to, adopting a
budgetary surplus; applying any cost savings, over -realized revenues, and/or surpluses realized
within the applicable fund; or transferring a portion of the General Fund Contingency Reserve.
Unless otherwise noted, the following guidelines will be used to restore a reserve fund:
• If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to
100% over a 1 to 3 year period.
• If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to
100% over a 3 to 5 year period.
• If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to
100% over a 5 to 7 year period.
These guidelines may be suspended, in whole or part, if financial or economic circumstances
prevent meeting any or all of the timelines.
Once established or increased, a reserve balance shall become committed fund balance, as defined
by Governmental Accounting Standards Board Statement Number 54, within the applicable fund
and, as such, shall require Council approval for all transfers and expenditures therefrom.
Related Policy References
None
Prior Policy Amendments
November 21, 2017
June 7, 2016
October 7, 2014
December 10, 2013
March 12, 2002
109 of 171
CITY COUNCIL POLICY
CITY OF NATIONAL CITY
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26,1985 AMENDED: September 17, 2019
Purpose
The City will establish reserves to strengthen its ability to withstand unexpected financial
emergencies such as those that may result from national disasters, revenue shortfalls, or
unanticipated expenditures of a non -recurring nature and to accumulate funds for large-scale
purchases.
Policy
The City Manager is charged with the responsibility of accumulating and maintaining the City's
reserves at the following target levels:
• GENERAL FUND CONTINGENCY RESERVE: an amount equal to between twenty-five
percent (25%) and fifty percent (50%) of a single year's budgeted General Fund operating
expenditures. "Operating expenditures" shall be defined as all expenditures, except those of a
capital nature, plus operating subsidies provided to the Library Fund, Parks Fund, Nutrition
Fund, and Personnel Compensation Fund.
• GENERAL FUND FACILITIES MAINTENANCE RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of the total acquisition cost of the City's
building assets. "Building assets" shall be defined as all permanent or nonpermanent structures
constructed or installed to provide a workplace for City employees or house City assets and/or
operations.
• GAS TAXES FUND CONTINGENCY RESERVE: an amount equal to a minimum of five
percent (5%) of the estimated annual revenue of the Gas Taxes Fund.
• SEWER SERVICE FUND OPERATIONS / CASH FLOW RESERVE: an amount equal
to between twenty-five percent (25%) and fifty percent (50%) of a single year's budgeted
Sewer Service Fund operating expenditures.
• SEWER SERVICE FUND METRO CASH FLOW RESERVE: an amount equal to the
City's estimated portion of the projected cash needs for capital costs of the San Diego
Metropolitan Sewerage System's wastewater treatment program.
110 of 171
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26, 1985 AMENDED: November 21, 2017
• SEWER SERVICE FUND CAPITAL REPLACEMENT RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• SEWER SERVICE FUND CAPITAL EXPANSION RESERVE: an amount equal to
between ten percent (10%) and fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• SEWER SERVICE FUND EMERGENCY / NATURAL DISASTER RESERVE: an
amount equal to a minimum of fifteen percent (15%) of a single year's budgeted Sewer Service
Fund operating expenditures.
• LIABILITY INSURANCE RESERVE: an amount sufficient to ensure liability insurance
claim assets of the Liability Insurance Fund equal to the eighty percent (80%) Confidence
Level of Adequacy applicable to estimated liability insurance claims, as established biennially
by the City's actuary.
• WORKERS' COMPENSATION RESERVE: an amount sufficient to ensure Workers'
Compensation claim assets of the Liability Insurance Fund equal to the eighty percent (80%)
Confidence Level of Adequacy applicable to estimated Workers' Compensation claims, as
established biennially by the City's actuary.
• DEBT SERVICE RESERVES: in each fund from which debt service is paid, an amount
equal to the total required by applicable indenture(s) and/or other agreement(s), but in no case
less than one year's debt service requirement of all long-term City obligations, excluding inter -
fund loans.
• IRREVOCABLE SUPPLEMENTAL PENSION TRUST RESERVE: an amount equal to
the total net pension liability of the City's pension plans. The balance of this reserve shall not
be subject to the "Replenishment of Reserves" guidelines.
• IRREVOCABLE OTHER POST -EMPLOYMENT BENEFITS TRUST RESERVE: an
amount equal to the total net other post -employment benefits (OPEB) liability of the City's
OPEB plans. The balance of this reserve shall not be subject to the "Replenishment of
Reserves" guidelines.
• VEHICLE REPLACEMENT RESERVE: an amount equal to between the accumulated
depreciation and estimated replacement value of the motor vehicle assets of the Vehicle
Replacement Fund. For the purposes of this policy, "motor vehicle" shall be defined as a self-
propelled, wheeled vehicle with propulsion provided by an engine or motor which must be
operated by one or more persons to perform the function(s) for which it is designed.
111 of 171
TITLE: Maintenance of Reserve Funds POLICY #201
ADOPTED: June 26, 1985 AMENDED: November 21, 2017
The actual amount of each reserve shall be determined each year by the City Manager as part of
the budgeting process and shall be annually reported to the City Council as part of or in conjunction
with the Comprehensive Annual Financial Report (CAFR); however, nothing in this policy shall
prevent determining or reporting on the level of any reserves at other times during the year.
The above requirements may be suspended only upon approval of Council.
Replenishment of Reserves
If its balance falls below the minimum required level, the City shall strive to restore it to the
minimum required balance by any feasible means, including, but not limited to, adopting a
budgetary surplus; applying any cost savings, over -realized revenues, and/or surpluses realized
within the applicable fund; or transferring a portion of the General Fund Contingency Reserve.
Unless otherwise noted, the following guidelines will be used to restore a reserve fund:
• If a reserve is drawn down to 75-99% of its minimum required balance, it shall be restored to
100% over a 1 to 3 year period.
• If a reserve is drawn down to 50-74% of its minimum required balance, it shall be restored to
100% over a 3 to 5 year period.
• If a reserve is drawn down below 50% of its minimum required balance, it shall be restored to
100% over a 5 to 7 year period.
These guidelines may be suspended, in whole or part, if financial or economic circumstances
prevent meeting any or all of the timelines.
Once established or increased, a reserve balance shall become committed fund balance, as defined
by Governmental Accounting Standards Board Statement Number 54, within the applicable fund
and, as such, shall require Council approval for all transfers and expenditures therefrom.
Related Policy References
None
Prior Policy Amendments
November 21, 2017
June 7, 2016
October 7, 2014
December 10, 2013
March 12, 2002
112 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 113
The following page(s) contain the backup material for Agenda Item: Temporary Use
Permit — St. Mary's Annual Fall Festival hosted by St. Mary's Catholic Church on
Sunday, October 6, 2019 at the parish grounds located between E. 8th Street and "E"
Avenue from 7 a.m. to 7 p.m. with no waiver of fees. (Neighbohood Services)
Please scroll down to view the backup material.
113 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.
ITEM TITLE:
Temporary Use Permit — St. Mary's Annual Fall Festival hosted by St. Mary's Catholic Church on
Sunday, October 6, 2019 at the parish grounds located between E. 8th Street and "E" Avenue from
7 a.m. to 7 p.m. with no waiver of fees.
PREPARED BY: Dionisia Trejo DEPARTMENT.
PHONE: (619) 336-4255 APPROVED BY:
EXPLANATION:
This is a request from St. Mary's Church to conduct the St. Mary's Annual Fall Festival event on Sunday,
October 6, 2019 at their parish east parking lot located between E. 8th Street and "E" Avenue. This event
features approximately 20 assorted booths, including food booths, religious booths, a beer garden,
sewing club arts & crafts, and game booths.
hood Services Department
Applicant is requesting to close "E" Avenue between 7th street and 8th Street on October 6, 2019 from
6 a.m. to 8 p.m.
Note: This event was approved by Council in 2017 and 2018 with no waiver of fees.
FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
City fee of $272.00 for processing the TUP through various City departments plus $1,045.58 for Public
Works, $1,197.00 for the Fire Department Inspection fees and $154.86 for Building.
Total fees: $2,669.44
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.
114 of 171
CALIFORNIA
NATI NALCITT
INTCORPORAT
T pe of Event
Fair/Festival
TUP
City of National City • Neighborhood Services Department
1243 National City Boulevard ■ National City, CA 91950
(619) 336-4364 • fax (619) 336-4217
www.nationalcityca.gov
Special Event Application
Parade/March
I I Sporting Event
Event Name & Location
Event Title St. Mary's Annual Fall Festival
nWalk or Run f Concert/Performance
ri
Other (specify)
Event Location (list all sites being requested) St. Mary Church parking lots
Event Times
Set -Up Starts
Date 04 Oct 2019 Time 9.00 AM Day of Week FRIDAY
Date 06 Oct 2019 Time 7:00 AM Day of Week SUNDAY
Date 06 Oct 2019 Time 7.00 PM Day of Week SUNDAY
Date 07 Oct 2019 Time 12:00 PM Day of Week MONDAY
Event Starts
Event Ends
Breakdown Ends
Applicant Information
RECEIVED
AUG p 6 2019
Neighborhood Services Department
City of National City
Applicant (Your name) REV. NEMESIO SUNGCAD Sponsoring Organization St. Mary Catholic Church
Event Coordinator (if different from applicant) MARK JOHN VILLAS
Mailing Address 426 East 7th Street, National City, CA 91950
Day Phone 619-474-1501 After Hours Phone Cell 619 732 6275 Fax 619-474-1502
Public Information Phone 619-474-1501
E-mail smnc.liturgy@gmail.com
Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents
from and against any and all loss, damage, liability, claims, demands, detriments, costs, charges, expense (including
attorney's fees) and causes of action of any character which the City, its officers, employees and agents may incur,
sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury
to or death of any persons (including but not limited to the employees, subcontractors, agents and invitees of
each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises
under this agreement to the extent permitted by law.
Applicant understands this TUP/special event may implicate fees for City services, which will have to be paid in the
City's Finance Department 48 hours prior to the event set-up. The undersigned also understands and accepts the
City's refund policy for application processing and facility use and that fees and charges are adjusted annually and
are subject to change.
Signature of Applicant:
1
115 of 171
Special Event Application (continued)
Please complete the following sections with as much detail as possible since fees and requirements are
based on the information you provide us.
Fees/Proceeds/Re • orti n
Is your organization a "Tax Exempt, nonprofit" organization? Yes
No
Are admission, entry, vendor or participant fees required? Yes n No n
If YES, please explain the purpose and provide amount (s):
$Estimated Gross Receipts including ticket, product and sponsorship sales from this event.
$ Estimated Expenses for this event.
$ What is the projected amount of revenue that the Nonprofit Organization will receive
as a result of this event?
Descri•tion of Event
nFirst time event
Returning Event Ltd include site map with application
Note that this description may be published in our City Public Special Events Calendar:
St. Marys Parish will host its Annual Fall Festival on October 6, 2019, featuring many booths of
various food, novelties, Fun Zone carnival games, and entertainment. Our main feature of the
event is the Grand Raffle, with a chance of winning the 1st Prize of $2500.
Estimated Attendance
Anticipated # of Participants: 200 Anticipated # of Spectators: 1000-2000
2
116 of 171
Traffic. Control : Se'curit ., 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): ri � AVVAUt✓
betwee,n gfre,&
Date and time of street closure:ni Date and time of street reopening:
Other (explain)
(� bc-- u1,1
Requesting to post"no parking" notices? Yes El No
Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map):
96LiAM S 490
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:
Parking lots are secured with iron bar gates; booths are specially positioned to accommodate proper
fire department required spacing; perimeters will efficiently contain crowd control
Have you hired Professional Security to handle security arrangements for this event?
Yes
No
If YES, name and address of Security Organization
Security Director (Name): Phone:
!occurrence
e;eyentwl.11 oce;ur
lrits:o�
WI
Is this a night event? Yes n Non If YES, please state how the event and surrounding area will
be illuminated to ensure safety of the participants and spectators:
3
117 of 171
First Aid
Depending on the number of participants j ur event may require specific First Aid services. First aid
station to be staffed by event staff? Yes vo No First aid/CPR certified? Yes[, No 171
First aid station to be staffed by professional company. ► Company
If using the services of a professional medical organization/company and the event will occur on City
property, please provide a copy of its insurance certificate, evidencing liability with limits of at least $1
Million dollars per occurrence/$2 Million dollars aggregate, as well as and additional insured
endorsement naming the City of National City, its officers, employees, and agents as additional
insureds. Evidence of insurance must be provided by the vendor or its insurer to the Neighborhood
Services Department at the time of submission.
ccessibilit
Please describe your Accessibility Plan for access at your event by individuals with disabilities:
Festival grounds are on leveled black -top; handicap parking is available; all entrances to the festival
grounds are wheelchair accessible.
Elements of our Event
Setting up a stage? Yes n No
Requesting City's PA system
Requesting City Stage; if yes, which size? Dimensions (13)(28) ri Dimensions (20)(28)
20'x20'x16'
/ Applicant providing own stage ► (Dimensions)
Setting up canopies or tents?
20
# of canopies
size
10' x 10'
# of tents size
nNo canopies/tents being set up
4
118 of 171
Setting up tables and chairs?
ElFurnished by Applicant or Contractor
50 # of tables ® No tables being set up
300 # of chairs n No chairs being set up
EJ(For City Use Only) Sponsored Events — Does not apply to co -sponsored events
# of tables
# of chairs
Contractor Name
E
No tables being set up
No chairs being set up
Contractor Contact Information
Address
City/State Phone Number
Setting up other equipment?
ri Sporting Equipment (explain)
ri Other (explain)
nNot setting up any equipment listed above at event
Having amplified sound and/or music? Yesrl No®
nPA System for announcements 1:1CD player or DJ music
nLive Music ► JSma1I 4-5 piece live band 0. Fi Large 6+ piece live band
n Other (explain) Aw{�,n,
if using live music or a DJ. ► �1 Contractor Name &k Vbttailee,rg
►
Address
City/State Phone Number
5
119 of 171
Using lighting equipment at your event? Yes
Bringing in own lighting equipment
Using professional lighting company
No
► Company Name
Address
Using electrical power? Yes
✓
No
City/State Phone Number
nUsing on -site electricity n For sound and/or lighting
TiBringing in generator(s) L-J For sound and/or lighting
Using Kimball Park Bowl
Lighting (from to )
For food and/or refrigeration
For food and/or refrigeration
endor Information.
PLEASE NOTE: You may be required to apply for a temporary health permit iffood or beverages
are sold of given away during your special event. Also see `Permits and Compliance' on page 8
in the Special Event Guide. For additional information on 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 n Nol l
Vendors preparing food on -site ► # ► Business License #
If yes, please describe how food will be served and/or prepared:
If you intend to cook food in the event area pleases ecify the method:
GAS ELECTRIC nCHARCOAL OTHER (Specify):
111 Vendors bringing pre -packaged food ► # ► Business License #
nVendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) ► #
Vendors selling food # ► Business License #(s)
nVendors selling merchandise # ► Business License #(s)
I _ I Food/beverages to be handled by organization; no outside vendors
[iVendors selling services # ► Business License #(s)
► Explain services
Vendors passing out information only (no business license needed) #
► Explain type(s) of information
No selling or informational vendors at event
6
120 of 171
Having children activities? Yes
No
:PLEASE:: NOTE ::Iri. the'even.t.;inftataf le:'urri `s`"ar:.e. rovid.ed:at the.::event .The Cit : of;Nationa!
e: wires commercial:iiabili ' 'insurance with hn1it5'of<'at"least 1 `-Million dollars er`occurrence
o..ars:;aggre a.e:s n ad I..ion r;t a i .`o i . a.tong:` i mus a name 'as"an' . itionas.nsure '' '-i
"pursuant;to a separate;endorseri1ent, :which :shall be,provided by the vendor or its insurer to the City s:
;Risk Manager along with the Certificate of Insurance, for approval,pnor.to the event The application
should be<filed:out at least one week prior to the event For questions or to obtain,a copy of the
......... .
c llt :: Uselea.se:;contact;the l=:n tn.eerin. IPublic: Works_;:Da artment:at..61:J:`i336. 4
1 1 Inflatable bouncer house # 1 Rock climbing wall Height
nInflatable bouncer slide #
nCarnival Rides
Arts & crafts (i.e., craft making, face painting, etc.)
nOther , games & prizes
Having fireworks or aerial display? Yes
No
nVendor name and license #
Dimensions
Duration
Number of shells Max. size
PLEASE' NOTE In tlie;'everi "fi ev ork"s' or anot fer aerial dis I ' '''s'` lanned for:'�our::ev
National Cit re wires::conimercial::,l':abi.l.it i:nsurance:with i its`o `atileast 2 Mi iort`'
Y.,.:...:.:q..:..:.: _,.::::::..,..............._..._..I......_......Y...._.....:...::-.:,.:,.-:..,:.:.._::.:::1_m:::._:::::........:........_...
occurrencel:$4 Millio:ri;'cio:ilar.:.§'`a`" re afe;=:ir'additionitC:oNIonal.;.Cit
Additional Insured:pursuant;to ase aratepndorsement,i which .shall:be. rov:ided:c:by:.:the=:vendor;.or:
in.suier'to`fhe city 9ioiManager,alon wlth..;;the:Cerkificate: of. lrisurance- fora ..:royal: rior:.to the.:
:event.:: po endin. ;on th'e'size:;and/or nature.;of;:the.:firewptks dis la: `the.;:Cit .;reserves:the::ri ht to':
request higher liability Ilmlts.::;The:vendor,mustalso obtain-a:fireworks`permit from the .National:"Cify
Arranging for media coverage? Yes
No�
Yes; but media will not require special set-up
nYes, media will require special set-up. Describe
7
121 of 171
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
Yes, we will post signage #
Nan
Dimensions
nYes, having inflatable signage # ► (complete Inflatable Signage Request form)
Yes, we wi{I have banners #
II What will signs/banners say?
I I How will signs/banners be anchored or mounted?
nLocation of banners/signage
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
If yes, please identify the following:
► Total number of portable toilets:
► Total number of ADA accessible portable toilets:
nContracting with portable toilet vendor.
► Load -in Day & Time
No
v
► Company Phone
► Load -out Day & Time
Portable toilets to be serviced. ► Time
Set-u•, Breakdown, Clean-up
Setting up the day before the event?
nYes, will set up the day before the event. ► # of set-up day(s) 2
II1 No, set-up will occur on the event day
Requesting vehicle access onto the turf?
Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access
Request form)
nNo, vehicles will load/unload from nearby street or parking lot.
8
122 of 171
NPDES-Litter Fence
City to install litter fence
Applicant to install litter fence
I fN/A
Breaking down set-up the day after the event?
I I Yes, breakdown will be the day after the event. ► # of breakdown day(s)
1No, breakdown will occur on the event day.
How are you handling clean-up?
I I Using City crews
Using volunteer clean-up crew during and after event.
riUsing professional cleaning company during and after event.
....................:.............
Miscelraneous
Please list anything important about your event not already asked on this application:
We plan to have a beer garden in contained garden/patio space. Fun Zone games may be
located at additional parking lot also on church grounds.
Please make a copy of this application for your records.
We do not provide copies.
9
123 of 171
Special Events
Pre -Event Storm Water Compliance
Checklist
I. Special Event Information
Name of Special Event: ST. MARY'S ANNUAL FALL FESTIVAL
Event Address: 426 East 7th St, NC, CA 91950 Expected # of Attendees: 1000-2000
Event Host/Coordinator: Rev. Nemesio Sungcad / Mark Villas Phone Number: 619-474-1501
II. Storm Water Best Management Practices (BMPs) Review
YES
NO
N/A
Will enough trash cans provided for the event?
Provide number of trash bins: 10-15
Will enough recycling bins provided for the event?
Provide number of recycle bins: 5
Will all portable toilets have secondary containment trays? (exceptions
for ADA compliant portable toilets)
Do all storm drains have screens to temporarily protect trash and debris
from entering?
Are spill cleanup kits readily available at designated spots?
* A Post -Event Storm Water Compliance Checklist will be completed by City Staff.
10
124 of 171
City of National City
PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION
AGREEMENT
Persons requesting use of City property, facilities or personnel are required to
provide a minimum of $1,000,000 combined single limit insurance for bodily injury
and property damage which includes the City, its officials, agents and employees
named as additional insured and to sign the Hold Harmless Agreement. Certificate
of insurance must be attached to this permit. The insurance company issuing the
insurance policy must have a A.M. Best's Guide Rating of A:VII and that the
insurance company is a California admitted company; if not, then the insurance
policy to the issuance of the permit for the event. The Certificate Holder must reflect:
City of National City
Risk Management Department
1243 National City Boulevard
National City, CA 91950
Organization: ST. MARY CATHOLIC CHURCH
Person in Charge of Activity: REV. NEMESIO SUNGCAD / MARK JOHN VILLAS
Address:
426 E. 7th Street, National City, CA 91950
619-474 - 1501
Telephone:
06 October 2019
Date(s) of Use:
HOLD HARMLESS AGREEMENT
As a condition of the issuance of a temporary use permit to conduct its activities on
public or private property, the undersigned hereby agree(s) to defend, indemnify and
hold harmless the City of National City and the Parking Authority and its officers,
employees and agents from and against any and all claims, demands, costs, losses,
liability or, for any personal injury, death or property damage, or both, or any litigation
and other liability, including attorney's fees and the costs of litigation, arising out of or
related to the use of public property or the activity taken under the permit by the
permittee or its agents, employees or contractors.
Signature of Applicant: 11/4(
FaII Festival Chairperson
Official Title:
Date:
For Offtce Ilse Or.�ly
Certificate of Insurance Approved Date
11
125 of 171
r
I
ROAD CLOSED AHEAD
ROAD CLOSED TO THROUGH TRAFFIC
ROAD CLOSED •
A -FRAME WOOD BARRICADES
ei1111011111ft
"ur
OAD CLOSED TO THROUGH TRAFF
ROAD CLOSED
A -FRAME WOOD BARRICADES
1711 16:1
1r I
1,Thigery 02019 0,00pka. Map dna 02019 Gooplo Uneted Stites
CD
rs4
r'D" AVENUE
CHURCH
RECTORY.
MARIAN GROTTO & FLAG POLES
6
Finance Booth
Grand Raffle
Tickets
mad
JCM
Rekgcle�uus
Artis
axla
okra'
White
Elephant
— Country —
Store
_IokIo' _
Rummage
Sale
Sewing Club
Parish Merchan•.
disc & Souvenirs
1o'x1d
Wellness
Ministry
First td/&load
Pressure Cited
1a41a'
GARAGE
ENTERTAINMENT
STAGE
20.e20'
PARISH HALL •
fill
Sound
Booth
,t. tit's 161, N t oia,b City
1D1 tt 1 r.'U restive
Sunday, October 6, 2019
DINING AREA
GATE
DINING AREA
Info Booth .
Info Booth
Info Booth
lOS1a'
GATE
uE'r AVENUE
Street\
Closure?
ZARLITO'S
Carnival
Games
Crafts&
AcEwlliee
Tickets
& Prizes
(S.
Bay
Scout
Shed
6
Hispanic
Community
Fish Tacos
dxio'
Beer
Garden
PARISH
OFFICE
ElSheddal
Chill Dogs
Iakla
!Wintery
Families
Pork BBQ
Oar
Cursing
Filipino
Merrenda
tome'
Faith
Formation
Root ➢eerF(onts
10x1a'
Guadalupanas
Aguas Frescos
PAW
Boy Scouts &
Cub Scouts
Nachos
1a'nd
GATE
PRIVATE
RESIDENCE
Street
Closure?
(OPTION Ai r
M.IDS20Nr t
r 10:&DAM-S:O0 PM i
Water
Gerr.1tS
&ounce
House
ST. MARY'S
PARISH
CENTER
7TH STREET
TIQ
n_1
13
127 of 171
CITY OF NATIONAL CITY
NEIGHBORHOOD SERVICES DEPARTMENT
APPLICATION FOR A TEMPORARY USE PERMIT
RECOMMENDATIONS AND CONDITIONS
SPONSORING ORGANIZATION: St. Mary Catholic Church
EVENT: St. Mary's Annual Fall Festival
DATE OF EVENT: October 6, 2019
APPR VALS:
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 [ ]
YES [ x ] NO [ ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x ]
SEE CONDITIONS [ x
SEE CONDITIONS [ ]
SEE CONDITIONS [ x ]
CONDITIONS OF APPROVAL:
PUBLIC WORKS (619)366-4580
Streets Division
2 staff for 4hrs. U.T. @ $113.20hr. = 5905.6
1 truck for 4hrs. @ $22.76hr. = $91.04
10 wood barricades @ $1.04ea. = $10.40
6 "NO PARKING" signs w/barricades @ $1 .49ea. _ $8.94
8 Traffic Control signs w/barricades @ $3.70ea. = $29.60
Total Cost = $1,045.58
Parks Division
No involvement
Facilities
No involvement
14
128 of 171
POLICE DEPARTMENT
Based on the estimated 200 participants and anticipated spectators of 1000-2000, the
police department recommends that applicant hire a minimum of 3 licensed and bonded
private security officers for this event.
1 security guard shall be assigned to "beer garden" while the other two will be assigned
to the entire event area. The applicant. shall have a 1 day ABC permit for the Beer
Garden.
In the event the police department receives noise complaints from citizens regarding the
live or amplified music, it will be required for the sound level to be lowered to an
acceptable level.
DEVELOPMENT SERVICES (619) 336-4318
Planning
1. All activities shall comply with the limitations contained in Table III of NCMC Title 12
(Noise).
2, All speakers shall face away from residential properties.
Building
1. A reminder that the plans need to be signed by the person preparing them.
2. Specify on plans that the path of travel, booths and all activities will be disabled
accessible, This includes parking, curbs, walks, ramps, restrooms, children play
areas, etc. 2016 CBC, Sections 11 B-201.4, 206, 208, 213, 216, 221 & 240.2.
3. Please dimension 44" clear pathway will be maintained between dining shade
structures and adjacent booths. Sec. 11 B-403.5.1.4.
4. Please specify on the plans that adequate sanitary facilities (including portable
ones) will be provided for this event.
5. Please provide typical booth anchorage details to ensure lateral stability, i.e.,
against wind loads.
Fee Plan/Site Review: $154.86
Engineering
No comments
15
129 of 171
CITY ATTORNEY
Approved on conditions that Risk Manager approves
COMMUNITY SERVICES
No involvement
FINANCE
All outside vendors (not part of the Church) that will be selling retail and/or food should
have business license and Health Permit (if Food Vendor).
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 less 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".
• The applicant has provided a layout of the event wherein the Inflatable Bounce
House will be on private property and as such there will be no need for insurance
for it.
• 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. 9`i 950-4301
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.
16
130 of 171
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.
FIRE (619) 336-4550
$191.00 AFTER HOURS INSPECTION REQUIRED, $300.00 TENT PERMIT
(COOKING BOOTHS), $515.00 SINGLE DAY CARNIVAL PERMIT,
PLACES OF ASSEMBLY PERMIT $191.00
TOTAL FEES $1,197.00
ALL TENTS AND CANOPEIS SHALL FOLLOW REQUIRED CLEARANCES
MANDATED BY THE NATIONAL CITY FIRE DEPARTMENT
Stipulations required by the Fire Department for this event are as follows:
1) Access to the church to be maintained at all times, to both entrances and Fire
Department connections for fire sprinkler systems, standpipes, etc.
2) Fire Hydrants shall not be blocked or obstructed.
3) Fire Department access into and through the festival areas are to be maintained
at all times. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet and an unobstructed vertical clearance of not less than 14 feet.
4) Participants on foot are to move immediately to the sidewalk upon approach of
emergency vehicle(s).
5) Vehicles in roadway are to move immediately to the right upon approach of
emergency vehicle(s).
6) Street closures, it shall be the responsibility of St. Mary's Church to maintain
access to all fire protection devices located as part of the road closure.
7) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or
oil is used in cooking a 40:BC or class "K" fire extinguisher wiil be required.
Concession stands utilized for cooking shall have a minimum of 10 feet of
clearance on two sides. All fire extinguishers to have a current State Fire
Marshal Tag attached. Please see attached example
17
131 of 171
8) Fire extinguishers to be mounted in a visible location between 31/2` to 5' from the
floor to the top of the extinguisher. Maximum travel distance from an extinguisher
shall not be more than 75 feet travel distance.
9) If Charcoal is being used, provide metal cans with lids and label "HOT
COALS ONLY" for used charcoal disposal.
10) A fire safety inspection is to be conducted by the Fire Department prior to
operations of the event to include all cooking areas etc.
11) Required inspections taking place, after hours, holidays, and weekends will be
assessed a minimum of one hundred and ninety one ($191.00) dollars. Fees are
to be paid directly to the National City Fire Department Administration
offices prior to event. If you have questions about fees please contact the
National City Fire Department Administration offices.
12) Any electrical power used is to be properly grounded and approved.
Extension cords shall be used as "Temporary Wiring" only.
13) First Aid will be provided by organization.
14) Does the stage have a covered top? Please provide information and Flame
Resistance Certification, permit mat be required depending on size?
15) Smoking shall not be permitted in tents, canopies or membrane structures.
Approved "No Smoking" signs shall be conspicuously posted.
18
132 of 171
16) if tents or canopies are used, tents having an area in excess of 200 square feet
and or canopies in excess of 400 square feet or multiple tents and or canopies
placed together equaling or greater than the above stated areas, are to be used,
they shall be flame-retardant treated with an approved State Fire Marshal seat
attached. A ten feet separation distance must be maintained between tents and
canopies. A permit from the Fire Department must be obtained. Cooking shall
not be permitted under tents or canopies unless the tents or canopies meet
"State Fire Marshal approval for cooking. If cooking is to be done, a ten feet
separation shall be maintained from cooking appliance and canopies,
Certificate of State Fire Marshal flame resistancy shall be provided to the
National City Fire Department if applicable. If canopies maintain a ten feet
separation distance from one another, no charge will be assessed
Canopies:
Tents:
0-400sf- $0
401 — 500 sf - $353.00
501 — 600 sf - $394.00
601 — 700 sf - $515.00
0 —200 sf - $300.00
201 — (+) sf - $600.00
17) Every room or space (Fenced in location Beer Garden), shall have the occupant
load of the space posted in a conspicuous place, near the main exit or exit
access doorway from the room or space. Posted signs shall be of an approved
legible permanent design and shall be maintained by the owner or authorized
agent. The maximum occupant load of this space shall be based on room set-up
and items placed inside tents or canopies. The maximum occupancy load
shall be posted by the Building or Fire Official based on room
configuration. At no time shall the owner or agent allow the posted occupant
load to be exceeded. Contact the NC Building Dept. (contact NCFD for more info
if needed)
18) Exits shall be clearly marked. Exit signs shall be installed at required exit
doorways and where otherwise necessary to indicate clearly the direction of
egress when the exit serves and occupant of 50 or more. Exits, aisles and
passageways shall not be blocked or have their minimum clear width obstructed
in any manner.
19) Exit signs shall be GREEN in color and shall be of an approved self -Jun -dilation
type or shall be internally or externally illuminated by luminaries supplied in the
following manner:
• Two separate circuits, one of which shall be separated from all
other circuits, for occupant loads of 300 or less.
19
133 of 171
20) Provide a 2A:10BC fire extinguisher at stage if stage is being used.
Extinguisher to be mounted in a visible location between 31/` to 5' from the
floor to the top of the extinguisher. Maximum travel distance from an
extinguisher shall not be more than 75 feet travel distance.
21) Internal combustion power sources shall be isolated from contact with the public
by either physical guards, fencing or an enclosure. Internal combustion power
shall be at least 20 feet away from the tent.
22) Internal combustion power sources that may be used shall be of adequate
capacity to permit uninterrupted operation during normal operating hours.
23) All Jumpers, Bounce Houses, Inflatables, Stage coverings etc. shall have a
Certificate of State Fire Marshal flame resistance shall be provided to the
National City Fire Department before the event.
24) Vehicles shall be isolated from contact with the tents or canopies, Vehicles shall
be at least 20 feet away from tents or canopies.
25) Every room or space that is an assembly occupancy shall have the occupant
Toad of the tent or space posted in a conspicuous place, near the main exit or exit
access doorway from the room or space. Posted signs shall be of an approved
legible permanent design and shall be maintained by the owner or authorized
agent. The maximum occupant Toad of this space shall be based on room set-up
and items placed inside tents or canopies. The maximum occupancy load
shall posted by the Building Official based on room configuration. At no
time shall the owner or agent allow the posted occupant load to be exceeded.
26) Occupant Load signs will be provided for the Event Venue, Beer Garden Area's.
Please contact the Building Dept. for more info.
27) An operational permit is required to conduct a single day Carnival or Fair
$515.00. Please contact the Fire Dept. for more info.
28) An operational permit is required to conduct a Place of Assembly $191.00.
Please contact the Fire Dept. for more info.
NOTE: Booth Canopies can be grouped in multiples of 2, 3, or 4 not to exceed 400
square feet. A separation of ten feet between multiples of 4 booths shall be
required. Tarps or other material may not be used to cover tents and canopies
so as to join each tent or canopy to one another. Your map is showing two (2)
20'x20' canopies separated, these must be a minimum of 105
.
Note: Fees can only be waived by City Council.
20
134 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 135
The following page(s) contain the backup material for Agenda Item: Warrant Register #6
for the period of 7/31/19 through 8/6/19 in the amount of $1,948,779.46. (Finance)
Please scroll down to view the backup material.
135 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #6 for the period of 7/31/19 through 8/6/19 in the amount of $1,948,779.46. (Finance)
PREPARED BY: Karla Apalategui, Accounting Assistant
PHONE: 619-336-4572
EXPLANATION:
DEPARTMENT: Finance
APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period 7/31/19 - 8/6/19.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor
Check/Wire Amount
Explanation
Kaiser Foundation HP 343509 190,894.80 Group 104220-0002 July 2019
SDG&E 343537 60,176.31 Gas and Electric Utilities — PW
Select Electric Inc 343539 99,566.04 Citywide Traffic Signal
Public Emp Ret System 7312019 260,812.64 Service Period 7/2/19 — 7/15/19
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $1,948,779.46.
APPROVED:
APPROVED:
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
FINANCE
MIS
STAFF RECOMMENDATION:
Ratify warrants totaling $1,948,779.46
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 6
1 Jb Ot 1 /1
PAYEE
ACEDO, I
ANDERSON, E
BEARD, P
BECK, L
BISHOP, R
BOEGLER, C
BULL, P
CAMEON, C
CARRILLO, R
COLE, L
COLLINSON, C
CONDON, D
CORDERO, E
CORPUZ, T
DANESHFAR, Z
DEESE, L
DESROCHERS, P
DI CERCHIO, A
DIAZ, M
DILLARD, S
DREDGE, J
EISER III, G
ETZLER, J
FABINSKI, D
FERNANDEZ, R
FIFIELD, K
GAUT, A
GELSKEY, K
GIBBS JR, R
GONZALES, M
HANSON, E
HARLAN, M
HAUG, S
HERNANDEZ, M
HERNANDEZ, R
HODGES, B
IBARRA, J
JAMES, R
JUNIEL, R
KIMBLE, R
KLOS, F
LANDA, A
LEACH, D
LIMFUECO, M
MATIENZO, M
MC CABE, T
MCDANIEL, P
CALIFORNIA<__
NATIONAL ton
aaa
DICORPQRjAT8D
WARRANT REGISTER # 6
8/6/2019
DESCRIPTION CHK NO DATE AMOUNT
RETIREE HEALTH BENEFITS AUG 2019 343401 8/6/19 160.00
RETIREE HEALTH BENEFITS AUG 2019 343402 8/6/19 110.00
RETIREE HEALTH BENEFITS AUG 2019 343403 8/6/19 70.00
RETIREE HEALTH BENEFITS AUG 2019 343404 8/6/19 140.00
RETIREE HEALTH BENEFITS AUG 2019 343405 8/6/19 110.00
RETIREE HEALTH BENEFITS AUG 2019 343406 8/6/19 260.00
RETIREE HEALTH BENEFITS AUG 2019 343407 8/6/19 580.00
RETIREE HEALTH BENEFITS AUG 2019 343408 8/6/19 400.00
RETIREE HEALTH BENEFITS AUG 2019 343409 8/6/19 290.00
RETIREE HEALTH BENEFITS AUG 2019 343410 8/6/19 165.00
RETIREE HEALTH BENEFITS AUG 2019 343411 8/6/19 420.00
RETIREE HEALTH BENEFITS AUG 2019 343412 8/6/19 280.00
RETIREE HEALTH BENEFITS AUG 2019 343413 8/6/19 520.00
RETIREE HEALTH BENEFITS AUG 2019 343414 8/6/19 140.00
RETIREE HEALTH BENEFITS AUG 2019 343415 8/6/19 250.00
RETIREE HEALTH BENEFITS AUG 2019 343416 8/6/19 660.00
RETIREE HEALTH BENEFITS AUG 2019 343417 8/6/19 110.00
RETIREE HEALTH BENEFITS AUG 2019 343418 8/6/19 70.00
RETIREE HEALTH BENEFITS AUG 2019 343419 8/6/19 680.00
RETIREE HEALTH BENEFITS AUG 2019 343420 8/6/19 480.00
RETIREE HEALTH BENEFITS AUG 2019 343421 8/6/19 250.00
RETIREE HEALTH BENEFITS AUG 2019 343422 8/6/19 250.00
RETIREE HEALTH BENEFITS AUG 2019 343423 8/6/19 460.00
RETIREE HEALTH BENEFITS AUG 2019 343424 8/6/19 220.00
RETIREE HEALTH BENEFITS AUG 2019 343425 8/6/19 270.00
RETIREE HEALTH BENEFITS AUG 2019 343426 8/6/19 540.00
RETIREE HEALTH BENEFITS AUG 2019 343427 8/6/19 700.00
RETIREE HEALTH BENEFITS AUG 2019 343428 8/6/19 115.00
RETIREE HEALTH BENEFITS AUG 2019 343429 8/6/19 120.00
RETIREE HEALTH BENEFITS AUG 2019 343430 8/6/19 480.00
RETIREE HEALTH BENEFITS AUG 2019 343431 8/6/19 135.00
RETIREE HEALTH BENEFITS AUG 2019 343432 8/6/19 500.00
RETIREE HEALTH BENEFITS AUG 2019 343433 8/6/19 120.00
RETIREE HEALTH BENEFITS AUG 2019 343434 8/6/19 600.00
RETIREE HEALTH BENEFITS AUG 2019 343435 8/6/19 400.00
RETIREE HEALTH BENEFITS AUG 2019 343436 8/6/19 200.00
RETIREE HEALTH BENEFITS AUG 2019 343437 8/6/19 780.00
RETIREE HEALTH BENEFITS AUG 2019 343438 8/6/19 140.00
RETIREE HEALTH BENEFITS AUG 2019 343439 8/6/19 50.00
RETIREE HEALTH BENEFITS AUG 2019 343440 8/6/19 300.00
RETIREE HEALTH BENEFITS AUG 2019 343441 8/6/19 480.00
RETIREE HEALTH BENEFITS AUG 2019 343442 8/6/19 155.00
RETIREE HEALTH BENEFITS AUG 2019 343443 8/6/19 600.00
RETIREE HEALTH BENEFITS AUG 2019 343444 8/6/19 160.00
RETIREE HEALTH BENEFITS AUG 2019 343445 8/6/19 100.00
RETIREE HEALTH BENEFITS AUG 2019 343446 8/6/19 280.00
RETIREE HEALTH BENEFITS AUG 2019 343447 8/6/19 290.00
1/4
137 of 171
CALIFORNIAF__
PAYEE
MEDINA, R
MENDOZA, G
MINER, D
MORRISON, R
NOTEWARE, D
OLIVARES, G
OLIVERIA, H
PAUU JR, P
PEASE JR, D
PETERS, S
POST, R
RAY, S
ROARK, L
RODRIGUEZ, M
RUIZ, J
SANCHEZ, L
SERVATIUS, J
SHORT, C
SMITH, J
STEWART, W
STRASEN, W
TIPTON, B
VERRY, L
VILLAGOMEZ, J
WHITE, J
ADDICTION MEDICINE
CITY ATTORNEYS ASSOCIATION
ENTERPRISE FLEET MANAGEMENT
EXOS COMMUNITY SERVICES LLC
LONG, D
MARTINEZ, A
METEAU JR, R
MRI SOFTWARE LLC
MY LITTLE CARNIVAL
PROFORCE LAW ENFORCEMENT
SALINAS CEREZO
SAN DIEGO GAS & ELECTRIC
STAPLES BUSINESS ADVANTAGE
STARTECH COMPUTERS
THE PUN GROUP LLP
WALTERS, W
WILLY'S ELECTRONIC SUPPLY
ADMINSURE INC
AIRGAS USA LLC
ASSI SECURITY INC
-M'IO-..'`5L
law
rNCO R P QR AT8D •
WARRANT REGISTER # 6
8/6/2019
DESCRIPTION
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
RETIREE HEALTH BENEFITS AUG 2019
CHK NO
343448
343449
343450
343451
343452
343453
343454
343455
343456
343457
343458
343459
343460
343461
343462
343463
343464
343465
343466
343467
343468
343469
343470
343471
343472
DATE
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
RETIREE HEALTH BENEFIT SUBTOTAL
D.O.T DRUG & ALCOHOL TESTING PROGRAM
CAASD MEMBERSHIP / CITY ATTORNEYS OFFCE
ENTERPRISE FLEET AND MAINTENANCE / JULY
LAS PALMAS POOL MANAGEMENT FEES
TRAINING AVD LDG NNALEA/LONG
KIMBALL SENIOR CENTER STAFF TRIP
ICMA MEMBERSHIP RENEWAL 2019-2020
HOUSING PRO SUBSCRIPTION RENEWAL
MOVIES IN THE PARK FACE PAINTING
ICI TAC PTT ASSEMBLY - POLICE
REPLACEMENT PAYROLL CHECK - ACCOUNT CLOSED
ORDER SERVICE FOR 1060 N.C.B.
MLK OFFICE SUPPLIES
MOP #61744/COMPUTER ACCESSORIES/MIS
AUDIT SERVICES YEAR ENDED JUN 30, 2019
TRAINING TUIT REIM CRISIS NEG/ PD
MOP #45763/ELECTRONIC SUPPLIES/MIS
AGREEMENT TO PROVIDE MONTHLY SERVICES
MOP 45714 GENERAL SUPPLIES - PW
COST TO ADD BIOMETRIC READERS TO DSX
343383
343384
343385
343386
343387
343388
343389
343390
343391
343392
343393
343394
343396
343397
343398
343399
343400
343473
343474
343475
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
AMOUNT
105.00
290.00
580.00
520.00
120.00
280.00
360.00
340.00
140.00
290.00
280.00
190.00
135.00
260.00
310.00
330.00
340.00
300.00
320.00
200.00
135.00
250.00
280.00
480.00
230.00
21,655.00
1,700.00
1,200.00
16,207.02
34,775.56
428.52
37.00
200.00
12,102.60
421.50
3,955.39
1,218.93
257.00
323.53
640.77
20,000.00
20.00
161.69
15,027.91
217.72
7,217.38
2/4
138 of 171
CALIFORNIAF__
PAYEE
AT&T
AT&T
AT&T
AZTEC FIRE & SAFETY
BROWDER, M
CALIFORNIA ELECTRIC SUPPLY
CAPIO
CHEN RYAN ASSOCIATES INC
CLF WAREHOUSE INC
COX COMMUNICATIONS
CULLIGAN OF SAN DIEGO
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DALEY & HEFT LLP
DE LAGE LANDEN
DURAN, D
ECOLAB
ELECTRONIC SECURITY SPECIALIST
EMERGENCY ZONE LLC
FEDEX
FERNANDO, V
FUN EXPRESS LLC
GONZALES, T
GOVERNMENT TRAINING AGENCY
GRAINGER
GSMO
HDL COREN & CONE
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KAISER FOUNDATION HEALTH PLANS
KELLER, A
KTUA
LIEBERT CASSIDY WHITMORE
LOPEZ, J
LUCAS, M
MASON'S SAW
MCDOUGAL LOVE ECKIS
MELLADO DESIGNS
METEAU JR, R
MICHAEL BAKER INTERNATIONAL
NAPA AUTO PARTS
-M'IO-..'`5L
law
1141CORPQRAT813 •
WARRANT REGISTER # 6
8/6/2019
DESCRIPTION
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
AT&T SBC ANNUAL PHONE SERVICE FOR FY20
REIMBURSEMENT OF FEES
TRAINING ADV LDG ACTIVE SHOOTER/BROWDER
MOP 45698 ELECTRICAL SUPPLIES - PW
2019/2020 CAPIO MEMBERSHIP DUES
SWEETWATER ROAD
MOP 80331 AUTO SUPPLIES - PW
COX DATA VIDEO SERVICES FY20
WATER SOFTENER FOR STEAMER & DISHWASHER
LIABILITY CLAIM COSTS JUNE 2019
LIABILITY CLAIM COST
LIABILITY CLAIM COSTS JUNE 2019
LIABILITY CLAIM COST
LIABILITY CLAIM COST
LIABILITY CLAIM COSTS JUNE 2019
LIABILITY CLAIM COST
LIABILITY CLAIM COST
LEASE 20 SHARP COPIERS FOR FY20.
TRAINING REIMB DAR/DURAN
CONSUMABLES FOR NUTRITION
NARCOTIC SAFE / FIRE
THE ESSENTIAL COMPLETE KIT 4 PERSON(RED)
FED EX CHARGES
TRAINING REIM POST SUPER/FERNANDO
CAMACHO RECREATION SUPPLIES
MILEAGE REIMB - TRAINING JULY 17, 2019
SD EMPLOYMENT RELATIONS (ERC) FEES - FY2
MOP 65179 GENERAL SUPPLIES - PW
2019/2020 MEMBERSHIP DUES / PD
CONTRACT SVCS PROPERTY TAX JUL - SEP 2019
GROUP 104220-0002 JULY 2019
GROUP 104220-01, 06, 07 JULY 2019
GROUP 104220-03, 09 JULY 2019
GROUP 104220 - 104220 - JULY 2019
TRAINING REIMB DISP POST / KELLER
WATERFRONT TO HOMEFRONT
PERSONNEL MATTER
TRAINING INTER INTRV INTRRG/LOPEZ
MEDIC FEE REIMBURSEMENT
MOP 45729 EQUIPMENT SUPPLIES AND REPAIR
LIABILITY CLAIM COST
SHIRTS FOR COUNCILMEMBER RIOS
ADMINSURE LUNCH MEETING PARKING FEE
LAS PALMAS PARK PROJECT
MOP 45735 AUTO SUPPLIES - PW
CHK NO
343476
343477
343478
343479
343480
343481
343482
343483
343484
343485
343486
343488
343489
343490
343491
343492
343493
343494
343495
343496
343497
343498
343499
343500
343501
343502
343503
343504
343505
343506
343507
343508
343509
343510
343511
343512
343513
343514
343515
343516
343517
343518
343519
343520
343521
343522
343523
DATE
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
8/6/19
AMOUNT
8,420.15
2,286.60
457.46
449.00
167.08
346.19
225.00
4,591.50
59.38
174.00
5.50
8,597.35
6,963.71
3,960.36
1,789.50
817.00
1,249.05
589.00
544.00
2,939.63
228.97
25.98
2,928.50
499.96
59.35
218.28
82.56
12.88
2,625.00
3,755.14
185.00
2,893.04
190,894.80
20,810.68
5,878.41
1,632.72
349.68
38,762.50
835.36
218.80
200.00
757.64
303.50
210.98
16.00
1,720.00
126.97
3/4
139 of 171
PAYEE
NATIONAL CITY MOTORCYCLES
NATIONAL CITY TROPHY
NV5 INC
OFFICE SOLUTIONS BUSINESS
OPENGOV INC
O'REILLY AUTO PARTS
PRO BUILD COMPANY
PRUDENTIAL OVERALL SUPPLY
ROADONE
SAN DIEGO GAS & ELECTRIC
SANCHEZ, D
SASI
SDG&E
SEAPORT MEAT COMPANY
SELECT ELECTRIC INC
SHARP ELECTRONICS CORPORATION
SITEONE LANDSCAPE SUPPLY LLC
SMART SOURCE OF CALIFORNIA LLC
SOUTHWEST SIGNAL SERVICE
STARTECH COMPUTERS
STILES, J
SWANK MOTION PICTURES INC
SWEETWATER AUTHORITY
SYSCO SAN DIEGO INC
T MAN TRAFFIC SUPPLY
TALLAL INC
U S BANK
US BANK
VALLEY INDUSTRIAL SPECIALTIES
VERIZON WIRELESS
WETMORES
WILLY'S ELECTRONIC SUPPLY
THE LINE PRINTING COMPANY INC
WIRED PAYMENTS
EDD
PUBLIC EMP RETIREMENT SYSTEM
SECTION 8 HAPS
CALIFORNIA
NATIONAL Cfl
j ?AICORPQRAT8D
WARRANT REGISTER # 6
8/6/2019
DESCRIPTION
MOTORCYLE REPAIRS / PD
MOP 66556 OFFICE SUPPLIES - PW
HARDING AVE AND W. 21ST STREET
MOP 83778 OFFICE SUPPLIES - PW
OPENGOV ANNUAL RENEWAL 7/1/19 - 6/30/20
MOP 75877 AUTO SUPPLIES - PW
MOP 45707 GENERAL SUPPLIES - PW
MOP 45742 LAUNDRY SERVICES - PW
MOP 75948 AUTO SUPPLIES - PW
SDG&E
TRAINING REIM P/E MANAGEMENT FOR LE/DIEGO
MONTHLY TRUST ACCOUNT AUG 2019
GAS AND ELECTRIC UTILITIES - PW
FOOD FOR NUTRITION
CITYWIDE TRAFFIC SIGNAL
MAINTENANCE 20 SHARP COPIERS FOR FY20
MOP 69277 LANDSCAPE SUPPLIES - PW
BUSINESS CARDS FOR ALFREDO YBARRA
INTERSECTION MAINTENANCE
STARTECH MOP COMPUTER ACCESSORIES
EDUCATION REIMBURSEMENT
MOVIES IN THE PARK SPIDER MAN DVD
WATER SERVICES FOR PARK FY 2019
FOOD FOR NUTRITION
MOP 76666 TRAFFIC SUPPLIES - PW
PRODUCTION SERVICES - EL TOYON PARK
REIMBURSEMENT ENGINEERING
JULY CREDIT CARD STATEMENT
MOP 46453 BUILDING SUPPLIES - PW
VERIZON CELLULAR SERVICES FOR FY20
MOP 80333 AUTO SUPPLIES - PW
MOP 45763 ELECTRIC SUPPLIES - PW
PRINTING SUPPLIES FOR THE MAYOR'S OFFICE
CHK NO DATE AMOUNT
343524 8/6/19 1,991.59
343525 8/6/19 102.23
343526 8/6/19 30,178.90
343527 8/6/19 98.35
343528 8/6/19 10,925.00
343529 8/6/19 17.14
343531 8/6/19 2,274.80
343532 8/6/19 128.79
343533 8/6/19 40.00
343534 8/6/19 1,415.68
343535 8/6/19 247.81
343536 8/6/19 427.00
343537 8/6/19 60,176.31
343538 8/6/19 1,839.06
343539 8/6/19 99,566.04
343540 8/6/19 1,802.92
343541 8/6/19 270.50
343542 8/6/19 36.98
343543 8/6/19 48,800.57
343544 8/6/19 3,773.06
343545 8/6/19 607.50
343546 8/6/19 435.00
343547 8/6/19 19,881.47
343548 8/6/19 500.00
343549 8/6/19 482.20
343550 8/6/19 545.00
343551 8/6/19 2,951.42
343552 8/6/19 428.39
343553 8/6/19 114.70
343554 8/6/19 9,810.03
343555 8/6/19 563.11
343556 8/6/19 307.76
343557 8/6/19 3,477.85
UNEMPLOYMENT INS BENFT 04/01/19 THRU 06/30/19 618351
SERVICE PERIOD 07/02/19 - 07/15/19 7312019
Start Date
7/31/2019
End Date
8/6/2019
AIP Total 762,848.84
8/6/19 4,661.00
7/31/19 260,812.64
920,456.98
GRAND TOTAL $ 1,948,779.46
4/4
140 of 171
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER
JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 171h OF SEPTEMBER, 2019.
AYES
NAYS
ABSENT
141 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 142
The following page(s) contain the backup material for Agenda Item: Warrant Register #7
for the period of 8/7/19 through 8/13/19 in the amount of $6,497,061.92. (Finance)
Please scroll down to view the backup material.
142 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019 AGENDA ITEM NO.:
ITEM TITLE:
Warrant Register #7 for the period of 8/7/19 through 8/13/19 in the amount of $6,497,061.92. (Finance)
PREPARED BY: Karla Apalategui, Accounting Assistant
PHONE: 619-336-4572
EXPLANATION:
DEPARTMENT: Finance
APPROVED BY:
Per Government Section Code 37208, attached are the warrants issued for the period 8/7/19 - 8/13/19.
Consistent with Department of Finance's practice, listed below are all payments above $50,000.
Vendor Check/Wire Amount Explanation
CSAC Excess Ins Authority 343587 102,066.00 Property Insurance
Kimley Horn 343610 101,354.80 El Toyon Las Palmas PS&E
Motorola Solutions Inc 343615 51,768.00 MCC7500 Console for Dispatch
Project Professionals Corp 343622 66,255.81 Paradise Creek Park III
STC Traffic 343635 51,641.27 Pedestrian ADA Improv.
US Bank IT&C 196251 4,400,000.00 PARS — FY20 Pension Trust Contrb
Adminsure Inc 196254 63,882.56 W/C Account Replenishment Jul'19
Public Emp Ret System 8082019 247,939.05 Service Period 7/16/19 — 7/29/19
FINANCIAL STATEMENT:
ACCOUNT NO.
Warrant total $6,497,061.92.
APPROVED: FINANCE
APPROVED: MIS
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, not subject to environmental review.
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:
Ratify warrants totaling $6,497,061.92
BOARD / COMMISSION RECOMMENDATION:
ATTACHMENTS:
Warrant Register # 7
143 of 171
PAYEE
4 IMPRINT INC
ABLE PATROL & GUARD
AMAZON
BATES
BRODART CO
FRIENDS OF THE READ S D
MIDWEST TAPE
MUNOZ
SMART & FINAL
STAPLES BUSINESS ADVANTAGE
VIDAMO
ICC INTERNATIONAL CODE COUNCIL
KD 12TH LLC
THE STAR NEWS
ALDEMCO
ALTA LANGUAGE SERVICES INC
ASSI SECURITY INC
AT&T
AXON ENTERPRISE INC
BARAHURA, D
CALIFORNIA AIR RESOURCES BOARD
CCUG
CEB
CHEN RYAN ASSOCIATES INC
CITY OF NATIONAL CITY
CLF WAREHOUSE INC
COMMERCIAL AQUATIC SERVICE INC
CONCENTRA MEDICAL CENTERS
COUNTY OF SAN DIEGO
CSAC EXCESS INS AUTHORITY
DANIELS TIRE SERVICE
DELGADO, E
DELL MARKETING L P
DIMENSION DATA
DISCOUNT SPECIALTY CHEMICALS
D-MAX ENGINEERING INC
DONG, D
ENTENMANN ROVIN CO
FACTORY MOTOR PARTS
FATPIPE INC
GAVARES, JOHN
GEOSYNTEC CONSULTANTS INC
GOLDSTAR ASPHALT PRODUCTS
GOVCONNECTION INC
GUITAR CENTER
GUTIERREZ JR, C
HOME DEPOT CREDIT SERVICES
\��.
CALIFORNIA' NATIONAL CHIP
r
11 CORPOP.AT> p
WARRANT REGISTER # 7
8/13/2019
DESCRIPTION
6915-24HR, STEEL TUMBLER WITH COLOR
SECURITY GUARD SERVICES JUNE 2019
APPLE MACBOOK AIR 13", 1.8GHZ DUAL CORE
MILEAGE REIMB FOR KELERA BATES - LIBRARY
BOOKS AS NEEDED FOR FY2019
FRIENDS OF READ LITERACY MEMBERSHIP FEE
AUDIO VISUAL MATERIALS FOR FY2019
MILEAGE REIMB FOR RUTH M - LIBRARY
MOP 45756 - SUPPLIES FOR LITERACY / LIBRARY
MOP 45704 - OFFICE SUPPLIES / LIBRARY
MILEAGE REIMB FOR MIKKI VIDAMO - LIBRARY
TRAINING COURSE - BUILDING CODE
REFUND FOR CONSTRUCTION AND DEMO DEPOSIT
PUBLIC NOTICING - STAR NEWS
EQUIPMENT FOR NUTRITION
EMPLOYEE BILINGUAL TESTING
CITY WIDE DOOR SECURITY SERVICES
AT&T SBC ANNUAL PHONE SERVICE FOR FY19
TASER ASSURANCE PLAN DOC 2 / PD
TRAINING ADV LODGE CCUG/BARAHURA
PORTABLE EQUIPMENT REGISTRATION
TRAINING TUITION CCUG SEMINAR/BARAHURA
LEGAL PUBLICATION UPDATE/ CAO/ JULY 2019
SSARP PROJECT
PETTY CASH REPLENISHMENT / JUNE 2019
MOP 80331 AUTO SUPPLIES - PW
CHEMICALS - CHLORINE, ACID TABLETS
DOT EXAM
NEXTGEN REGIONAL COMMUNICATIONS SYSTEM
PROPERTY INSURANCE
245/55R18, 103V EAG RS- VSBTL, TIRE
CASA YOUTH SNACKS FOR FUN FRIDAY
DELL ULTRASHARP 27 4K / MIS
TIME AND MATERIALS FOR SERVICE
C-ROUGH TOUGH SCRUBS
T&A90396 724 CIVIC CENTER DRIVE
REIMB FOR POLL ANNUAL PLAN JUL 30, 31, 2019
RESERVE INSPECTOR BADGES
MOP 82766 AUTO SUPPLIES - PW
FATPIPE SUPPORT RENEWAL GOLD SERVICE
CONSULTING & TRAINING JUL 30, 31, 2019
835 BAY MARINA CLOSURE
PAINT LINE STRIPER / NSD
SONY 128GB SF-G SERIES UHS II SDXC
ELECTRO VOICE EKX-12P
TRAINING REIM CRT / GUTIERREZ
GENERAL SUPPLIES NEEDED FOR BUILDING
CHK NO DATE AMOUNT
343558 8/12/19 3,275.57
343559 8/12/19 3,124.30
343560 8/12/19 1,122.39
343561 8/12/19 25.17
343562 8/12/19 24.80
343563 8/12/19 280.00
343564 8/12/19 1,252.44
343565 8/12/19 14.85
343566 8/12/19 229.29
343567 8/12/19 588.90
343568 8/12/19 31.43
343569 8/13/19 100.00
343570 8/13/19 3,405.60
343571 8/13/19 166.56
343572 8/13/19 2,109.94
343573 8/13/19 132.00
343574 8/13/19 485.00
343575 8/13/19 1,375.64
343576 8/13/19 13,648.00
343577 8/13/19 641.20
343578 8/13/19 490.00
343579 8/13/19 600.00
343580 8/13/19 453.41
343581 8/13/19 25,913.59
343582 8/13/19 512.91
343583 8/13/19 255.74
343584 8/13/19 2,566.09
343585 8/13/19 44.50
343586 8/13/19 8,749.50
343587 8/13/19 102,066.00
343588 8/13/19 1,666.28
343589 8/13/19 94.89
343590 8/13/19 6,169.89
343591 8/13/19 8,410.92
343592 8/13/19 372.15
343593 8/13/19 3,547.50
343594 8/13/19 120.00
343595 8/13/19 452.20
343596 8/13/19 84.53
343597 8/13/19 8,550.00
343598 8/13/19 10,363.00
343599 8/13/19 8,662.69
343600 8/13/19 1,794.38
343601 8/13/19 2,017.99
343602 8/13/19 3,164.30
343603 8/13/19 147.00
343604 8/13/19 116.70
1/3
144 of 171
PAYEE
HUB CONSTRUCTION
HUTCHINSON, C
IRON MOUNTAIN
JANI-KING OF CALIFORNIA INC
JJJ ENTERPRISES
KIMLEY HORN
LACAL EQUIPMENT INC
LOPEZ, J
MEGLA MANUFACTURING INC
METRO AUTO PARTS DISTRIBUTOR
MOTOROLA SOLUTIONS INC
MOTOROLA SOLUTIONS INC
NATIONAL CITY ELECTRIC
O'REILLY AUTO PARTS
PRO BUILD COMPANY
PROCURE AMERICA INC
PROFESSIONAL SEARCH GROUP LLC
PROJECT PROFESSIONALS CORP
PRUDENTIAL OVERALL SUPPLY
RANDALL LAMB ASSOCIATES INC
S&S WORLDWIDE INC
SANDERS, J
SCST INC
SDG&E
SHARP REES STEALY MED GROUP
SITEONE LANDSCAPE SUPPLY LLC
SOUTHERN CALIF TRUCK STOP
SPARKLETTS
STAPLES BUSINESS ADVANTAGE
STARTECH COMPUTERS
STC TRAFFIC
SWAGIT PRODUCTION LLC
SWEETWATER AUTHORITY
THE BUMPER GUY INC
THE LEW EDWARDS GROUP
THE SHERWIN WILLIAMS CO
TOPECO PRODUCTS
TURF STAR INC
U S BANK
UNDERGROUND SERVICE ALERT
UNITED ROTARY BRUSH CORP
VALLEY INDUSTRIAL SPECIALTIES
VULCAN MATERIALS COMPANY
WESTFLEX INDUSTRIAL
WILLY'S ELECTRONIC SUPPLY
Z A P MANUFACTURING INC
IAPMO MEMBER SERVICES
\��.
CALIFORNIA' NATIONAL a
11 CORPORATSTI
WARRANT REGISTER # 7
8/13/2019
DESCRIPTION
ALUMINUM LEVEL, LAMINATED FLOAT,
CALTRANS TRNG MI REIMB JUL 25, 2019 - ENG
RECORD MANAGEMENT AND STORAGE FOR FY20
PARTIAL MONTHLY CONTRACT BILLING FOR JUNE
SALES TAX
EL TOYON LAS PALMAS PS&E
LS5710125, ELEVATOR BEARING
CALTRANS TRNG MI REIMB JUL 17, 2019 - ENG
MATERIALS AND LABOR JUNE 03, 2019
MOP 75943 AUTO SUPPLIES - PW
MOTOROLA MCC7500 CONSOLE FOR DISPATCH
NETRMS INTERFACE SUPPORT
CITYWIDE ON -SITE ELECTRICAL
MOP 75877 AUTO SUPPLIES - PW
MOP 45707 GENERAL SUPPLIES - PW
CONSULTANT CHARGES FOR COPIER COST
PROFESSIONAL SERVICES / MAYOR'S OFFICE
PARADISE CREEK PARK III
MOP 45742 LAUNDRY SERVICES - PW
CIVIC CENTER EOC POWER UPGRADE
SALES TAX
REPLACE PAYROLL CHECK DATED 08/07/19
CITYWIDE TRAFFIC SIGNAL
SDG&E UTILITIES FOR FACILITIES FY 2019
DMV EXAMS
MOP 69277 LANDSCAPE SUPPLIES - PW
MOP 45758 GENERAL AUTO SUPPLIES - PW
WATER FOR MAYOR/COUNCIL OFFICE FY19
OFFICE SUPPLIES/CAO/JULY 2019
MOP 75877. ELECTRICAL SUPPLIES / MIS
PEDESTRIAN ADA IMPROV.
VIDEO STREAMING SERVICES / APRIL 2019
WATER SERVICES FOR FACILITIES FY 2019
PARTS, PAINT; LT FENDER CLEAR COAT / PW
PROFESSIONAL SERVICES THROUGH JUNE
MOP 77816 PAINT SUPPLIES - PW
MOP 63849 GENERAL SUPPLIES - PW
WHEEL BEARING AND OTHER SUPPLIES / PW
CREDIT CARD CHARGES, FIRE
UNDERGROUND SERVICE ALERT FY 2020
STREET SWEEPER REPAIRS AND MAINTENANCE
MOP 46453 BUILDING SUPPLIES - PW
3/4 CL 2 BASE / PW
MOP 63850 GENERAL SUPPLIES - PW
MOP 45763. ELECTRICAL SUPPLIES / MIS
REMOVE & RESHEET / PW
IAPMO MEMBERSHIP - BUILDING / SAINZ
CHK NO
343605
343606
343607
343608
343609
343610
343611
343612
343613
343614
343615
343616
343617
343618
343619
343620
343621
343622
343623
343624
343625
343626
343627
343628
343629
343630
343631
343632
343633
343634
343635
343636
343637
343638
343639
343640
343641
343642
343643
343644
343645
343646
343647
343648
343649
343650
343651
DATE
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
8/13/19
AMOUNT
160.19
10.96
213.21
1,077.00
30.63
101,354.80
355.81
22.04
4,773.58
922.25
51,768.00
2,077.00
1,905.00
229.63
2,511.62
8,482.90
4,436.44
66,255.81
611.72
21,640.00
19.86
65.00
7,630.25
754.34
440.00
468.48
447.50
42.75
350.54
124.82
51,641.27
3,841.66
19,893.66
698.33
3,500.00
209.10
47.86
383.64
434.56
416.91
305.22
779.88
601.37
37.24
74.00
2,440.53
300.00
2/3
145 of 171
PAYEE
THE ALTUM GROUP
WIRED PAYMENTS
U S BANK IT&C
ADMINSURE INC
ARCO BUSINESS SOLUTIONS
PUBLIC EMP RETIREMENT SYSTEM
PAYROLL
Pay period Start Date
17 7/30/2019
\ : 1 ,
CALIFORNIA' -
NATIONAL Clry
11 CORPOP.AT>+p
WARRANT REGISTER # 7
8/13/2019
DESCRIPTION
AMORTIZATION NON CONF USES
PARS - FY20 PENSION TRUST CONTRIBUTION
W/C ACCOUNT REPLENISHMENT JUL 2019
FUEL FOR CITY FLEET JULY 2019
SERVICE PERIOD 07/16/19 -07/29/19
End Date
8/12/2019
Check Date
8/21/2009
GRAND TOTAL
CHK NO DATE
343652 8/13/19
ANP Total
196251 8/9/19
196254 8/9/19
196257 8/9/19
8082019 8/8/19
AMOUNT
19,243.09
613,449.69
4,400,000.00
63,882.56
36,780.83
274,939.05
1,108,009.79
$ 6,497,061.92
3/3
146 of 171
Certification
IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE
HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE
AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE
CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW.
MARK ROBERTS, FINANCE BRAD RAULSTON, CITY MANAGER
FINANCE COMMITTEE
ALEJANDRA SOTELO-SOLIS, MAYOR -CHAIRWOMAN
RONALD J. MORRISON, VICE -MAYOR MONA RIOS, COUNCIL MEMBER
JERRY CANO, COUNCIL MEMBER GONZALO QUINTERO, COUNCIL MEMBER
I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND
THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF
BY THE CITY COUNCIL ON THE 171h OF SEPTEMBER, 2019.
AYES
NAYS
ABSENT
147 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 148
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 Blue Pacific
Engineering & Construction in the amount of $957,028.89 for the Sweetwater River
Bikeway Connections/30th Street Bicycle Facilities Improvements Project, CIP No. 18-
14; 2) authorizing a 15% contingency in the amount of $143,554.33 for any unforeseen
changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the
establishment of an Engineering Grants Fund appropriation of $889,000 and
corresponding revenue budget. (Engineering/Public Works)
Please scroll down to view the backup material.
148 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING
September 17, 2019
AGENDA ITEM
ITEM TITLE:
Resolution of the City Council of the City of National City, 1) awarding a contract to Blue Pacific Engineering
& Construction in the amount of $957,028.89 for the Sweetwater River Bikeway Connections/30th Street
Bicycle Facilities Improvements Project, CIP No. 18-14; 2) authorizing a 15% contingency in the amount of
$143,554.33 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4)
authorizing the establishment of an Engineering Grants Fund appropriation of $889,000 and corresponding
revenue budget.
PREPARED BY: Jose Lopez,(P.ssociate Engineer
PHONE: 619-336-4312
EXPLANATION:
See attached explanation.
DEPARTMENT: Eng.
APPROVED BY:
rin. and Public Works
FINANCIAL STATEMENT: APPROVE FINANCE
ACCOUNT NO. APPROVED: MIS
ATP Grant - $889,000
Revenue Account No. 296-06574-3463
Expenditure Account: 296-409-500-598-6574 - $889,000
Expenditure Account: 307-409-500-598-6558 - $68,028.89
15% contingency
Expenditure Account: 001-409-500-598-6573 - $143,554.33
ENVIRONMENTAL
A CEQA Notice of Exemption for the project was executed and filed with the County Recorder's Office on April
18, 2017.
ORDINANCE: INTRODUCTION
FINAL ADOPTION
STAFF
Adopt Resolution awarding a contract to Blue Pacific Engineering & Construction in the amount of $957,028.89
for the Sweetwater River Bikeway Connections/30th Street Bicycle Facilities Improvements Project, CIP No. 18-
14.
BOARD / COMMISSION
N/A
ATTACHMENTS
1. Explanation
2. Bid Opening Summary
3. Three Lowest Bidders Summary
4. Owner -Contractor Agreement
5. Resolution
149 of 17
Explanation
The project includes traffic calming and pedestrian and bicycle enhancements on 30th
Street between "D" Avenue and N. 2nd Avenue, connecting existing pedestrian and
bicycle facilities near Sweetwater High School to the regional Sweetwater River Bike
Path off N. 2nd Avenue. Improvements include street resurfacing, ADA upgrades,
approximately 1 mile of Class II bike lanes with signage, bus pads and gateway
enhancements at both entrances to the Sweetwater River Bike Path (located at W. 33rd
Street and N. 2nd Avenue, respectively).
On October 22, 2015, the California Department of Transportation (Caltrans) awarded the
City of National City a $1,129,000 Active Transportation Program (ATP) grant for the
Sweetwater River Bikeway Project. At their December 7, 2016 meeting, the California
Transportation Commission (CTC) allocated $25,000 for the Project
Approval/Environmental Document (PAED) phase.
On February 21, 2017, per City Council Resolution No. 2017-19, City Council executed
Program Supplement Agreement No. P036 with Caltrans for the Sweetwater River
Bikeway Project to allow for reimbursement of eligible project expenditures through the
State ATP.
At their June 29, 2017 meeting, the CTC allocated $165,000 for the Preliminary
Engineering phase, which includes preparation of construction plans, specifications and
estimate (PS&E). There is no local match requirement.
On October 17, 2017, per City Council Resolution No, 2017-195, City Council authorized
the establishment of an Engineering Grants Fund appropriation in the amount of $165,000
and a corresponding revenue budget to allow staff to proceed with preliminary
engineering for the Sweetwater River Bikeway Project which will be reimbursed by the
State ATP grant.
On August 13, 2019, the bid solicitation was posted on PlanetBids, a free public electronic
bidding system for contractors. On August 15, 2019 and August 20, 2019, the bid
solicitation was advertised in local newspapers.
On September 3, 2019, six (6) bids were received by the 11:00 a.m. deadline. Bid results
were immediately available for viewing on PlanetBids. Blue Pacific Engineering &
Construction was the apparent lowest bidder with a total bid amount of $957,028.89. Upon
review of all documents submitted, Blue Pacific Engineering & Construction'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 Blue Pacific Engineering &
Construction in the not -to -exceed amount of $957,028.89.
Staff also recommends authorizing a 15% contingency in the amount of $143,554.33 to
address any unforeseen conditions that may arise.
150 of 171
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 April of 2020. Updates will be provided on
the City's CIP website at: nationalcityprojects.com.
151 of 171
,-Ns• \W/7 A
Nitt
807
BID OPENING RESULTS
NAME: SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH
STREET FACILITY IMPROVMENTS
CIP NO: 18-14
DATE: Wednesday, September 4, 2019
TIME: 11:00 A.M.
ESTIMATE: $820,000
PROJECT ENGINEER: Roberto Yano, P.E.
NO.
BIDDER'S NAME
BID AMOUNT
BID
SECURITY
-BONb
1.
Blue Pacific Engineering & Construction
7330 Opportunity Road, Suite J
San Diego, CA 92111
$957,028.89
Bond
2.
Portillo Concrete Inc.
3527 Citrus St
Lemon Grove, CA 91945
$957,806.00
Bond
3.
Tri Group Construction
9580 Black Mountain Rd. Ste. L
San Diego, CA 92126
$1,062,905.00
Bond
4,
SRM Contracting & Paving
7192 Mission Gorge Road
San Diego, CA 92120
$1,192,691.00
Bond
5.
Crest Equipment Inc
161 Scottford Dr
El Cajon, CA 92021
$1,197,074.90
Bond
6
LB Civil Construction, Inc.
324 E. Valley Pkwy
Escondido, CA 92025
$1,203,908.00
Bond
152 of 171
Bid Results for Sweetwater River Bikeway Connections/30th Street Facility Improvements, CIP No. 18-14
Blue Pacific Engineering
Portillo Concrete, Inc.
Tri-Group Construction
Item
No.
Item Description
Unit
Qty.
Unit Price
Extension
(Quantity x
Unit Price)
Unit Price
Extension
(Quantityx Unit
Price)
Unit Price
Extension
(Quantity x
Unit Price)
Base Bid - General
1
Mobilization/Demobilization
LS
1
$40,000.00
$40,000.00
$50,000.00
$50,000.00
$30,000.00
$30,000.00
2
Surveying and Construction Staking
LS
1
$25,000.00
$25,000.00
$20,000.00
$20,000.00
$30,000.00
$30,000.00
3
Signing and Striping
LS
1
$61,863.75
$61,863.75
$57,000.00
$57,000.00
$46,000.00
$46,000.00
4
Traffic Control and Pedestrian Control
LS
1
$35,000.00
$35,000.00
$30,000.00
$30,000.00
$60,000.00
$60,000.00
5
Clearing and Grubbing
LS
1
$30,000.00
$30,000.00
$40,000.00
$40,000.00
$100,000.00
$100,000.00
6
Water Pollution Control
LS
1
$30,000.00
$30,000.00
$4,000.00
$4,000.00
$30,000.00
$30,000.00
7
Construct 4" PCC Sidewalk per SDRSD G-7,
G-9, and G-10
SF
4,190
$10.00
$41,900.00
$10.00
$41,900.00
$10.00
$41,900.00
8
Construct Curb Ramp (All Types)
EA
5
$4,000.00
$20,000.00
$4,000.00
$20,000.00
$4,000.00
$20,000.00
9
Construct Driveway (All Types)
SF
700
$14.00
$9,800.00
$15.00
$10,500.00
$10.00
$7,000.00
10
Construct Cross Gutter per SDRSD G-12
LF
150
$20.00
$3,000.00
$20.00
$3,000.00
$20.00
$3,000.00
11
Construct 6" Curb and Gutter per SDRSD
LF
540
$45.00
$24,300.00
$40.00
$21,600.00
$40.00
$21,600.00
12
Construct Concrete Deck per Plans
SF
110
$16.00
$1,760.00
$50.00
$5,500.00
$20.00
$2,200.00
13
Construct Asphalt Concrete Pavement
TON
160
$200.00
$32,000.00
$250.00
$40,000.00
$135.00
$21,600.00
14
Construct Class II Aggregate Base
TON
300
$80.00
$24,000.00
$30.00
$9,000.00
$33.00
$9,900.00
15
Stress -Relieving Fabric
SF
3,259
$1.00
$3,259.00
$1.00
$3,259.00
$2.00
$6,518.00
16
Remove Asphalt Concrete Pavement (1.5"
to 2" Mill)
SF
49,100
$0.50
$24,550.00
$0.70
$34,370.00
$0.60
$29,460.00
1
153 of 171
Bid Results for Sweetwater River Bikeway Connections/30th Street Facility Improvements, CIP No. 18-14
Blue Pacific Engineering
Portillo Concrete, Inc.
Tri-Group Construction
Item
No.
Item Description
Unit
Qty.
Unit Price
Extension
(Quantit Y x
Unit Price)
Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x
Unit Price)
29
Modify existing headwall
LS
1
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
30
Construct Concrete Ditch
LF
100
$30.00
$3,000.00
$50.00
$5,000.00
$60.00
$6,000.00
31
Construct modified curb outlet
EA
1
$3,500.00
$3,500.00
$5,000.00
$5,000.00
$5,000.00
$5,000.00
32
Unclassified Excavation
LS
1
$40,000.00
$40,000.00
$30,000.00
$30,000.00
$55,000.00
$55,000.00
33
Removal, disposal and replacement of
Unsuitable Material
CY
400
$60.00
$24,000.00
$50.00
$20,000.00
$200.00
$80,000.00
34
Traffic Signal Modification
LS
1
$50,000.00
$50,000.00
$55,000.00
$55,000.00
$50,000.00
$50,000.00
35
Install Loop Detection
EA
8
$850.00
$6,800.00
$550.00
$4,400.00
$500.00
$4,000.00
36
Slurry Seal (Type II)
SY
28,998
$3.43
$99,463.14
$3.15
$91,343.70
$3.50
$101,493.00
37
Adjust Manhole to Grade
EA
2
$1,000.00
$2,000.00
$500.15
$1,000.30
$1,000.00
$2,000.00
Subtotal
$912,528.89
$873,306.00
$994,945.00
Additive Bid
38
Remove Existing Cross Gutter and Construct
Cross Gutter per SDRSD G-12
SF
180
$ 25.00
$ 4,500.00
$ 25.00
$ 4,500.00
$ 22.00
$ 3,960.00
39
Construct 9" Reinforced PCC Bus Pad over 5"
Class II Aggregate Base
EA
4
$ 10,000.00
$ 40,000.00
$ 20,000.00
$ 80,000.00
$ 16,000.00
$ 64,000.00
Subtotal Additive: Bid
$ 44,500.00
$ 84,500.00
$ 67,960.00
Grand Total
$957,028.89
$957,806.00
$1,062,905.00
3
154 of 171
Bid Results for Sweetwater River Bikeway Connections/30th Street Facility Improvements, CIP No. 18-14
Blue Pacific Engineering
Portillo Concrete, Inc.
Tri-Group Construction
Item
No.
Item Description
Unit
Qty.
Unit Price
Extension
(Quantity x
Unit Price)
Unit Price
Extension
(Quantity x Unit
Price)
Unit Price
Extension
(Quantity x
Unit Price)
17
Construct Asphalt Concrete Pavement
(1.5" to 2" Overlay)
TON
418
$140.00
$58,520.00
$250.00
$104,500.00
$111.00
$46,398.00
18
Pavement Rehabilitation Dig -Out
(Remove Asphalt Concrete Pavement,
Base and Subgrade)
CY
360
$100.00
$36,000.00
$110.00
$39,600.00
$130.00
$46,800.00
19
Pavement Rehabilitation Dig -Out
(Remove Concrete Subgrade)
CY
30
$200.00
$6,000.00
$100.00
$3,000.00
$300.00
$9,000.00
20
Pavement Rehabilitation Dig -Out -
Construct Asphalt Concrete Pavement
TON
380
$250.00
$95,000.00
$76.00
$28,880.00
$112.00
$42,560.00
21
Pavement Rehabilitation Dig -Out -
Construct Class II Aggregate Base
TON
290
$80.00
$23,200.00
$66.00
$19,140.00
$61.00
$17,690.00
22
Pavement Rehabilitation Dig -Out - Stress-
Relieving Fabric
SF
5,413
$1.00
$5,413.00
$1.00
$5,413.00
$2.00
$10,826.00
23
Furnish and Install Chainlink Fence per
SDRSD M-6
LF
60
$80.00
$4,800.00
$70.00
$4,200.00
$60.00
$3,600.00
24
Furnish and Install Pedestrian Barricade
per COSD Standard SDG-140
LF
8
$900.00
$7,200.00
$250.00
$2,000.00
$200.00
$1,600.00
25
Furnish and Install Ameristar 4" x 36"
Fixed Bollards per Plans, or approved
equal
EA
4
$800.00
$3,200.00
$300.00
$1,200.00
$2,500.00
$10,000.00
26
Urban Design Improvements
LS
1
$25,000.00
$25,000.00
$55,000.00
$55,000.00
$29,000.00
$29,000.00
27
Install Oldcastle 24" round concrete flared
end section or approved equal
EA
1
$5,000.00
$5,000.00
$500.00
$500.00
$8,000.00
$8,000.00
28
Install concrete encased 24" HDPE
LF
6
$500.00
$3,000.00
$500.00
$3,000.00
$300.00
$1,800.00
2
155 of 171
OWNER - CONTRACTOR AGREEMENT
SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS,
CIP NO. 18-14
This Owner -Contractor Agreement ("Agreement") is made by and between the City of National
City, 1243 National City Boulevard National City, California 91950 and (Contractor's Name)
("Contractor"), (Contractor's address)
on the day of
Project.
, 20 , for the construction of the above referenced
•
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 ip'a turn -key manner in accordance
with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter
"Contract Documents"), in compliance with.ail ;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. 't e 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'1.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- :.t
Time is of the essence. for this,` Agreement and the Contractor shall construct the project in
every detail to a complete anditurn-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.
5. AUTHORIZED OWNER REPRESENTATIVES
156 of 171
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;L'abor 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'perforrnance of the VVork of this Agreement."
7. ENTIRE AGREEMENT;,CONFLICT
./.
The Contract Documents comprise;<tl%e 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 o f the bid conflicting,Fierewith.
8. MAINTENANCE OF AGREEMENT DOCUMENTATION
7
1
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 tirnes'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 Owneilf 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 services rendered pursuant to
this Agreement; however, Owner shall not have the right to control the means by which
Contractor accomplishes such services.
157 of 171
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 constr%ied 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::an:y 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, i submitted to the Owner, it may be considered
fraud and Contractor myabe 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 falseclaim 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 o j public contracts for a period of up to five (5) years.
I have read and understood al,l:of the provisions of this Section 15, above:
(Initial) (Initial)
158 of 171
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: Contractor:
Mayor, City of National City
Attest:
City Clerk, City of National City
(Ownei %Officer signature)
Print name and title
(Second officersignature if a corporation)
Print name and title
Contractor's City Business License No.
State Contractor's License No. and Class
Business street address
City, State and Zip Code
159 of 171
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 Constructionar and Regional Supplements (Greenbook)
State Standard Specifications
State Standard Plans
California Building, Mechanical, Plumbing and Electrical Codes
Permits issued by jurisdictional'regulatoryagenaes -
....:.
,,
2
Electric, gas, and communications, 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.
160 of 171
EXHIBIT B
CONTRACT PRICE
(NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS)
161 of 171
CORPORATE CERTIFICATE
I, 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
of said
Contractor,
was then
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.
I, 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::::',
162 of 171
PARTNERSHIP CERTIFICATE
STATE OF
COUNTY OF
On this day of , 20 before me, the undersigned, a Notary Public
in and for said County and State, personally appeared:
) ss
••••:",,
•.„
• (Notary Seal)
f . / , ,, )
./
known to me to be N . , of the partners of the partnership
„ , I
that executed the within instrument and acknowledged to me that such partnership executed
the same.
signatUre,
Name (Type or Print):
My Commission expfres:\
(Nciiary Public in and for said County and State)
,„!‘„•:
163 of 171
PERFORMANCE BOND
WHEREAS, the City Council of the City of National City, by Resolution No,
passed the day of , 20 has awarded to
, hereinafter designated as the "Principal", the
SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY IMPROVEMENTS,
CIP NO. 18-14.
/
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
as surety, are held and firmly bound unto
.,
the City Council of the City of National City hereinafter called the "Council", in the penal sum of
{$ ) lawful
/
money of the United. States, for the payment of which sum well'and truly to be made, we bind
executors, administrators andsuccessors, jointly and severally, firmly by
!;`
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, the City Council, their officers, agents, and employees, as therein stipulated, then
this obligation shall become null and void; otherwise it shall be and remain in full force and
virtue.
ourselves, our heirs,
these presents;
164 of 171
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 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 of National City and judgment is
recovered, the surety shall pay all costs incurred by theCouncil in such suit, including a
reasonable attorney's fee to be fixed by the Court. <.f,
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
•.y
Principal and Surety above named, on the
•
'day of` ` •
(SEAL)
165 of 171
PERFORMANCE BOND
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
) ss
COUNTY OF )
On this day of , 20 , 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 corpora'tiori named as Surety in said
instrument, and acknowledged to me that he 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 ..The Attorney -in -fact must attach a
certified copy' of the Power of
;Attorney;)
Signature:,
Name (Type or Print):\
Notary Public' in nd for said County and State
My Commission expires:
166 of 171
PAYMENT BOND
WHEREAS, the City Council of the City of National City, by Resolution No.
passed the day of , 20 has awarded
hereinafter designated as the
"Principal", the SWEETWATER RIVER BIKEWAY CONNECTIONS/30TH STREET BICYCLE FACILITY
IMPROVEMENTS, CIP NO. 18-14.
WHEREAS, said Principal is required by Chapter•;.5`.(cornmencing at Section 3225) and
Chapter 7 (commencing at Section 3247), Title 15, Part 4.,Division 3 of the California Civil Code
•�; .;:.fir
to furnish a bond in connection with said contract;`"'
NOW, THEREFORE, we, the Principal' and, as
surety, are held and firmly bound unto the City Council of the City of National City, hereinafter
called the "Council", in the penal sum, of::'
lawful money of the United States, for the; payment of'whic sum well and truly to be made, we
bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly
by these presents.
:....\ ,f `...
THE CONDITIQN<OF THIS, OBLIGATION ;IS ;SUCH that jf said Principal, his/her or its
subcontractors, heirs, executors, administrators;` uccessors, 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 Code2Wilh respect towork-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 Taxatyon 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 s`.brought upon this bond, a reasonable attorney's fee, to be fixed by the
•
Court.
i
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.
167 of 171
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 tolimit 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 Publicintity and original contractor or on the part of
any obliges named in such bond, but the sole conditions ofrecovery 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 dr 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 •.` L\ day of: %°` , 20
•:' \ ' . _,(SEAL)., '� (SEAL)
5 EAL ,, (SEAL)
\\
(SEAL).
\ (SEAL)
Principal
168 of 171
ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY
STATE OF
COUNTY OF
) ss
On this day of , 20 , before me, the undersigned, a Notary
Public in and for said County and State, personally appeared
known.4o me to be the person whose
name is subscribed to the within instrument '',.-asthe attorney -in --fact of the
, the corporation named as Surety in said
instrument, and acknowledged to me that he subscribed the name'of:said corporation thereto
as Surety, and his own name as attorney -in -fact: f'';
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: 4
Name (Type or Print):
My Commission expires: <.:.
(Notary Public in and for said County and State)
ATTACH ALL BONDS
169 of 171
CC/CDC-HA Agenda
9/17/2019 — Page 170
The following page(s) contain the backup material for Agenda Item: Report to the City
Council to discuss potential commercial cannabis activity which may be permitted and
provide direction to staff. (City Manager)
Please scroll down to view the backup material.
170 of 171
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: September 17, 2019
AGENDA ITEM NO.
ITEM TITLE: City Council Cannabis Policy Direction
Report to the City Council to discuss potential commercial cannabis activity which may be permitted
and provide direction to staff.
PREPARED BY:
Megan Gamwell, Economic Development Specialist
PHONE: 619-336-4216
EXPLANATION:
Staff is returning to the City Council to seek high level direction for consideration of permitting commercial
cannabis activities in the City or to make any additional updates to the current ban ordinance. Staff is requesting
with direction needed in order to proceed with drafting a regulatory ordinance and amending the zoning
ordinance. Staff will also seek guidance as to which mechanism would be most desirable in generating revenue
for the City via the adoption of a cannabis tax measure or the implementation of a development agreements. In
addition, staff will be providing the City Council some options in order to provide cannabis public outreach &
education prior to developing any regulatory ordinance.
City Manager's Office
DEPARTMENT:
APPROVED BY:
FINANCIAL STATEMENT:
ACCOUNT NO.
ENVIRONMENTAL REVIEW:
n/a
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
APPROVED:
APPROVED:
Finance
MIS
STAFF RECOMMENDATION:
Begin process for gathering input on the creation criteria of cannabis development agreements; limit commercial
cannabis activities to National City industrial zones; develop a regulatory cannabis permit; limit initial allowable
cannabis activities to a total of three microbusinesses.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
1. City staff report
2. Staff PowerPoint Presentation
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