Cities Index.
Agenda packet, second session

National City City Council
January 18, 2022

Document
Agenda packet, second session
Meeting
January 18, 2022
Body
National City City Council
Pages
43
Original file
32.5 MB
Text extracted from the city's file for reading and search. Open the original on nationalcityca.new.swagit.com. That file is the official record.

ALEJANDRA SOTELO-SOLIS
Mayor

MARCUS BUSH
Vice Mayor

RON MORRISON
Councilmember

MONA RIOS
Councilmember

JOSE RODRIGUEZ
Councilmember

1243 National City Blvd.

National City, CA 91950
619-336-4240

Meeting agendas and
minutes available on the
City’s website at
WWW.NATIONALCITYCA.GOV

NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority.

The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19).

The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act.

As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve.

A live webcast of the meeting may be viewed on the city’s website at www.nationalcityca.gov. For Public Comments see “ PUBLIC COMMENTS” section below

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 Meeting s 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 t he 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 me eting, are available for review on the City’s website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City’s website at www.nationalcityca.gov.

PUBLIC COMMENTS: There are multiple ways you can make sure your opinions are heard and considered by our City Council as outlined below:

Submit your public comment prior to the meeting: To submit a comment in writing, email [email protected], provide the agenda item number and title of the item in the subject line of your email. Public comments or testimony is limited to up to three (3) minutes. If the comm ent is not related to a specific agenda item,

AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION – HOUSING AUTHORITY OF

THE CITY OF NATIONAL CITY

ONLINE ONLY MEETING
https://www.nationalcityca.gov/webcast

LIVE WEBCAST

COUNCIL CHAMBERS

CIVIC CENTER
1243 NATIONAL CITY BOULEVARD

NATIONAL CITY, CALIFORNIA
TUESDAY, JANUARY 18, 2022 – 6:00 PM

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indicate General Public Comment in the subject line. All email comments received by 4:00 p.m. on the day of the meeting will be emailed to the City Council Members and made a part of the official record.

Register online and participate in live public comment during the meeting : To provide live public comment during the meeting, you must pre -register on the City's website at https://www.nationalcityca.gov/publiccomment by 4:00 p.m. on the day of the regular meeting to join the City Council Meeting.

***Please note that you do not need to pre-register to watch the meeting online, but you must pre-register if you wish to speak.

Once registered, you will receive an email with a link from Zoom to join the live meeting. You can participate by phone or by computer. Please allow yourself time to log into Zoom before the start of the meeting to ensure you do not encounter any last-minute technical difficulties.

***Please note that members of the public will not be shown on video; they will be able to watch and listen and speak when called upon. P ublic microphones will be muted until it is your turn to comment.

Each speaker is allowed up to three (3) minutes to address the City Council. Please be aware that the Mayor may limit the comments' length due to the number of persons wishing to speak or if comments become repetitious or unrelated.

All comments are subject to the same rules as would otherwise govern speaker comments at the meeting. Speakers are asked to be respectful and courteous. Please address your comments to the City Council as a whol e and avoid personal attacks against members of the public, City Council, and city staff.

Questions about public comment or City Council protocols? Please contact the City Clerk's Office at (619) 336-4228 or via email at [email protected].

INTERPRETATION SERVICES: To use the Zoom interpretation feature you must first Pre-Register on Zoom . Once logged into Zoom to use the interpretation feature , please scroll to the bott om of the Zoom screen (where the meeting controls are), click on the interpretation icon (world), and select English as your language. If you are joining using the Zoom mobile app (cell phone, tablet, etc.), please press the ellipsis (…), then Interpretation, and then choose your language.

WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted.

CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent port ion 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 th e Americans with Disabilities Act. Please 2 of 339

contact the City Clerk’s Office at (619) 336 -4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID -19 sigue siendo nuestra máxima prioridad. El Ayuntamiento de la Ciudad de National City se está coordi nando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagación del nuevo coronavirus (COVID -19). La Organización Mundial de la Salud declaró el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspensión de ciertas leyes de reuniones públicas, tal como la Ley Brown.

Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se llevará a cabo solamente en línea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podrá ver una transmisión en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios públicos, vea la sección “COMENTARIOS PÚBLICOS” más adelante.

ORDEN DEL DÍA: Las sesiones públicas de todas las juntas ordinarias del Concejo Municipal/Comisión de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Órgano Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes.

Las audiencias p úblicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesión abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesión cerrada, la junta se realiza como sesión cerrada. Si se programa una reunión de discusión y análisis, el tema y la hora de la misma aparecerán en la agenda. La Alcaldesa y los Concejales se reúnen por igual que el Presidente y los integrantes del Consejo de la Comisión de Desarrollo Comunitario.

INFORMES: Todos los temas e informes de la agenda de la sesión abierta, así como todos los documentos y escritos entregados al Órgano Electo menos de 72 horas antes de la sesión, aparecerán en el sitio web del Ayuntamiento. Las juntas ordinarias del Órgan o Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.gov.

COMENTARIOS PÚBLICOS: Hay varias formas en las que puede asegurarse de que sus opiniones sean escu chadas y consideradas por nuestro Concejo Municipal como se describe a continuación:

Envíe su comentario público antes de la sesión: Para enviar un comentario por escrito, envíe un correo electrónico a [email protected], proporcione el núme ro del tema o asunto de la agenda y el título del tema o asunto en la línea de asunto de su correo electrónico. Los comentarios o testimonios públicos se limitan a tres (3) minutos. Si el comentario no se relaciona con un tema o asunto específico de la age nda, indique Comentario Público General en la línea de asunto. Todos los comentarios por correo electrónico recibidos antes de las 4:00 p.m. del día de la sesión se enviarán por correo electrónico a los miembros del Concejo Municipal y formarán parte del acta oficial.

Regístrese en línea y participe en los comentarios públicos en vivo durante la sesión:

Para proporcionar comentarios públicos en vivo durante la sesión, debe registrarse previamente en el sitio web del Ayuntamiento en
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https://www.nationalcityca.gov/publiccomment antes de las 4:00 p.m . del día de la junta ordinaria para incorporarse a la sesión del Concejo Municipal.

***Tenga presente que no necesita registrarse previamente para ver la sesión en línea, pero debe registrarse previamente si desea hablar.

Una vez registrado, recibirá un correo electrónico con un enlace de Zoom para integrarse a la sesión en vivo. Puede participar por teléfono o por computadora. Tómese el tiempo necesario para iniciar la reunión en Zoom an tes del inicio de la sesión para asegurarse de no encontrar dificultades técnicas de último momento.

***Tenga presente que las personas del público no se mostrarán en vídeo; podrán observar, escuchar y hablar cuando se les solicite. Los micrófonos público s se silenciarán hasta que sea su turno de comentar.

Cada orador tiene hasta tres (3) minutos para dirigirse al Concejo Municipal. Tenga en cuenta que la Alcaldesa puede limitar la extensión de los comentarios debido a la cantidad de personas que deseen h ablar o si los comentarios se vuelven repetitivos o no relacionados.

Todos los comentarios están sujetos a las mismas reglas que de otro modo regirían los comentarios de los oradores en la sesión. Se pide a los oradores que sean respetuosos y corteses. Dirija sus comentarios al Concejo Municipal en su conjunto y evite ataques personales contra personas del público, el Concejo Municipal y el personal del Ayuntamiento.

¿Preguntas sobre comentarios públicos o protocolos del Concejo Municipal? Comuníquese con la Oficina de la Secretaria del Ayuntamiento al teléfono (619) 336 -4228, o por correo electrónico a [email protected].

SERVICIO DE INTERPRETACI ÓN: Para utilizar la función de interpretación zoom primero debe registrarse previamente en el sitio web de Zoom. Una vez que haya iniciado sesión en zoom para utilizar la función de interpretación, favor de desplazarse a la parte inferior de la pantalla de Zoom (donde aparecen los controles). Haga clic en el ícono de interpretación (globo terráqueo), y seleccione " Spanish" (español). Si está utilizando la aplicación móvil de Zoom (celular, tableta, etc.), presione los puntos suspensivos (…), luego "interpretation" y luego el idioma.

AGENDA ESCRITA: Con contadas excepciones, el Órgano Electo puede tomar medidas únicamente sobre los temas que aparecen en la agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y la necesidad de tomar medidas sobre esos temas haya surgido después de haber sido publicada la agenda.

CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los tema s de consentimiento se adoptan mediante la aprobación de una sola moción del Concejo Municipal. Antes de la aprobación, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a petición de un concejal, individuo d el personal del Ayuntamiento o persona del público.

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Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al teléfo no (619) 336 -4228 de la Oficina del Secretario del Ayuntamiento para solicitar una modificación o adaptación de acceso relativa a la discapacidad. Notificar 24 horas antes de la sesión permitirá al Ayuntamiento hacer arreglos razonables para garantizar la accesibilidad a esta junta.

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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. National City recognizes Samahan Health Center team for COVID-19 youth vaccination efforts.

AWARDS AND RECOGNITIONS

2. Employee of the Quarter 2021 - Christopher Goodrich, Fire Captain. (Fire)

PRESENTATIONS (FIVE-MINUTE TIME LIMIT)

3. A Kimball Holiday 2021 Recap. (Library and Community Services)

INTERVIEWS / APPOINTMENTS

REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT)

CONSENT CALENDAR

4. Motion of the City Council of the City of National City, California 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)

5. Resolution of the City Council of the City of National City, California accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to install a transformer pad within public right-of-way as part of the future development project located on 2428 Highland Avenue (APN 562-072-03-00). (Engineering/Public Works)

6. Resolution of the City Council of the City of National City, California: 1) awarding a contract to Eagle Paving Compa ny, Inc. in the not -to-exceed amount of $650,760.00 for the National City Boulevard Bikeway Project, CIP No. 19-18; 2) authorizing a 15% contingency in the amount of $97,614.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works)
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7. Resolution of the City Council of the City of National City, California: 1) rescinding Resolution No. 2021 -191; 2) authorizing the filing of a Proposition 68 Per Capita Program application for th e Kimball Park Playground Improvements Project in the amount of $216,033; 3) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 4) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the Per Capita Program for the Kimball Park Playground Improvements Project.(Engineering/Public Works)

8. Resolution of the City Council of the City of National City, California, authorizing participation in the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents. (City Attorney)

9. Warrant Register #19 for the period of 11/06/21 through 11/11/21 in the amount of $1,083,482.23. (Finance)

10. Warrant Register #20 for the period of 11/12/21 through 11/18/21 in the amount of $1,777,949.98. (Finance)

11. Warrant Register #21 for the period of 11/19/21 through 11/25/21 in the amount of $694,609.53. (Finance)

12. Warrant Register #22 for the period of 11/26/21 through 12/02/21 in the amount of $3,029,725.02. (Finance)

13. Warrant Register #23 for the period of 12/03/21 through 12/09/21 in the amount of $1,814,529.63. (Finance)

14. Warrant Register #24 for the period of 12/10/21 through 12 /16/21 in the amount of $3,576,255.03. (Finance)
PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS

15. Introduction of an Ordinance of the City Council of the City of National City, California, amending the National City Municipal Cod e Title 2 – Administration by adding Section 2.02 – City Attorney. (City Attorney)

NON CONSENT RESOLUTIONS

16. Resolution of the City Council of the City of National City, California authorizing the acceptance of the Emergency Co nnectivity Fund (ECF) grant from the Federal Communications Commission (FCC) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless service and the establishment of Library Grants Fund appropriations 7 of 339

of $15,2 25.80 and corresponding revenue budget. (Library and Community Services)

17. Resolution of the City Council of the City of National City, California: 1) Authorizing the Display of Artwork in the City Hall Council Chamber and 2) Approving the Installation of Artwork by Artist Francisco Morales in the City Hall Council Chamber. (Library and Community Services)

18. Resolution of the City Council of the City of National City, California accepting the report and recommendation of the appointed Proposition “D” Independent Review Committee to maintain the City of National City District Transactions & Use Tax at the current rate of 1% for the next five years, pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code. (Finance)

NEW BUSINESS

19. Resolution of the City Council of the City of National City, California Initiating a Street Vacation of a portion of Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clinic project. (Applicant: Excel Engineering) (Case File No. 2021-23 SC) (Planning)

20. Approval of Fiscal Year 2022/2023 Budget Workshop dates and Quarterly Priorities. (Finance)
B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY

CONSENT RESOLUTIONS - HOUSING AUTHORITY
PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY

NON CONSENT RESOLUTIONS - HOUSING AUTHORITY

21. Resolution of the Community Development Commission -Housing Authority of the City of National City (“Housing Authority”) approving a conditional award of Ten Million Dollars ($10,000,000) from the Housing Authority’s Housing Fund to the 400 -unit Azuriik Affordable Housing Project by the Metropolitan Advisory Committee on Anti -Poverty (“MAAC”) located at 233 Roosevelt Avenue. (Housing Authority)

NEW BUSINESS - HOUSING AUTHORITY
C. REPORTS

STAFF REPORTS

22. City Manager Report (City Manager)
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MAYOR AND CITY COUNCIL

CLOSED SESSION

CLOSED SESSION REPORT

ADJOURNMENT
Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - February 1, 2022 - 6:00 p.m. - Council Chambers - National City, California. 9 of 339

The following page(s) contain the backup material for Agenda Item: National City recognizes Samahan Health Center team for COVID-19 youth vaccination efforts.

Please scroll down to view the backup material.
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Item # ___
01/18/22
National City recognizes Samahan Health Center team for COVID-19 youth vaccination efforts
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The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2021 - Christopher Goodrich, Fire Captain. (Fire) Please scroll down to view the backup material.
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The following page(s) contain the backup material for Agenda Item: A Kimball Holiday 2021 Recap. (Library and Community Services)
Please scroll down to view the backup material.
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Item # ___
01/18/22

PRESENTATION
A KIMBALL HOLIDAY 2021

(Library & Community Services)

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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, California 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 # ___
01/18/22

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, California accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to install a transformer pad within public right-of-way as part of the future development project located on 2428 Highland Avenue (APN 562-072-03-00). (Engineering/Public Works) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNlA

COUNCIL AGENDA STATEMENT
MEETING DATE: January 13, 2022 AGENDA ITEM NO.

ITEM TITLE:

Resolution of the City Council of the Cityof NationalCity accepting and authorizingthe Mayor to sign an Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to installa transformer pad within publicright—of—wayas part of the futuredevelopment projectlocated on 2428 Highland Avenue (APN 562—072- 03-00).

PREPARED BY: Carla Hutchinson, Assistant Engineer — CivilQ.H. DEPARTMENT: Engineering/PublicWorks PHONE: 619-336—4388 APPROVED BY: M“
EXPLANATION:

See attached.

FINANCIAL STATEMENT: APPROVED: fi Finance
ACCOUNT N0. APPROVED: MIS
N/A " —‘
ENVIRONMENTAL REVIEW:

N/A

ORDINANCE: INTRODUCTION: FINAL ADO PTION:

STAFF RECOMMENDATION:

Faopf Reso uflonaccepting ffie Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to installa transformer pad withinpublicright—of—wayas partof the futuredevelopment projectlocated on 2428 Highland Avenue (APN 562-072—03—00)
BOARD I COMMISSION RECOMMENDATION:

N/A

ATTACHMENTS:

1. Explanation
2V Encroachment Permit Agreement

3. Resolution

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EXPLANATION
Ahmadian Investment Group, LLC has proposed a 3-story residentialdevelopment complex to be constructed at 2428 Highland Avenue (Assessor Parcel Number 562-072- 03—00).The grading plans have been approved.

The projectproposes to installa transformerpad thatwillencroach by 1—footonto the publicright—of—wayinorder to accommodate the SDG&E transformerpad. The locationof the proposed transformerpad was determined as shown inthe exhibitinorder to meet SDG&E clearance requirements from the gas meters (see attached Exhibit“B”).

An encroachment agreement is required to allow the property owner to installthese improvements inthe publicrightof way.

Ifat any time,the Citywishes to remove the encroachment, the owner must do so. Upon notificationinwritingby the City Engineer, the above described encroachment must be abandoned, removed, or relocated by the owner, at the owner’s expense.

Ahmadian Investment Group, LLC isrequestingthatthe Cityapprove and the Mayor sign the agreement. Ifapproved by the CityCouncil,thisEncroachment Permit Agreement will be recorded withthe Officeofthe San Diego County Recordert Staff recommends the City Council adopt the resolutionaccepting the Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to installa transformer pad within public right—of—wayas part of the future development project located on 2428 Highland Avenue (APN 562-072-03-00).
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EEEJfiSQQ.DD—_

BNCROACI-IMENT PERMIT AND AGREEMENT
(Commercial)
The Ci Of NationalCityherehygiantsanEncroachmentPermittotheundersiyled, AC . (hereinafterrefermdtoas "0WNER"),' inaccordancewith and pmsuaut to thetermsandconditionssetforth111Chapter13.12oftheNationalCityMunicipalCode OWNER istheowner ofthatcextainrealpropertydescribedintheattachedExhibit"A",orisan owner of personalpropertythatisproposedtobe installedinthepublicrightrOf—wayorotherpublicpropertyofthe CityofNationalCity,CountyofSan Diego,StateofCalit'omia.The OWNER, inconsiderationofthis grantofpermissionby fileCityofNationalCity(heminafterxeferredtoas"CITY")toinstalland maintaincertuhlpelsonalpmpertyora building,facility,orotherstructure(hereafterdesignatedfiom timetotimeasan “eneroachment”)withinorupon a CITY easement,propelty,orright—of-wayforthe useandbenefitofOWNER’S propertyand adjacentlands,now covenantsandagreesasfollows:

The siteofinstallationandanydescriptionofOWNER’S emoaehment isdescribedinExhibit“B”, attached.

The termsand conditionsunderwhichtheencroachmentistobe installedandmahxtainedareasibllows:

1. Upon notificationinwritingby theCityEngineer,theabovedescribedencroachment shallbeabandoned,removed,orrelocatedby OWNER attheowner’ssoleexpense.

2. The saidencroachmentshallbe maintainedina safeand sanitaxyconditionatalltimesat thesolecost,risk,andresponsibilityofOWNER andany successorininterest,who shallholdCITY harmlesswithrespectthelteto.

3. ThisPermitand Agreement,when made fortheditectbenefitofOWNER’s landor propertydescribedabove,andthecovenantshereincontainedshallrunwithsaidlandand shallbe bindingon theassignsandsuccessorsofOWNER. ShouldOWNER oritssuccessorsfailtoremove or relocatetheencroachmenthereinpermittedwithinthirty(30)daysafiernoticeoftemovalorrelocation from theCITY, CITY may causesuchremovalorrelocationtobe done atOWNER’S solecostand expense,which shallbe a lienupon saidland.A copyofthisEncmaehment Agreementshallbe recorded againstanyrealpropertyoftheowner’sthatisherebybenefitedby theencroachment.Upon requestby CITY, PERMITI'EE shallrecordthisEncroachmentAgreementwiththeCountyof SanDiego,County Recorder’sOffice,andupon recordationshallIetumtheoriginaltotheCITY.

4. OWNER shallindemnify,defend,andholdharmlessCITY and itsofficers,agents,and employeesfromallliability,loss,costs,claims,demands,suits,anddefensecoats,includingattorneys’ fees,arisingoutofOwner’s entryupon and useofCity’seasementorright-of—wayfortheinstallation, maintenance,and use of theowner’s encroachment.

5. OWNER and eachsuccessorininterestorassignshalltakeoutand maintain,duringthe timetheencroachmentremainson CITY’S easementorrighhofiway,commercialgeneralliability insurancewithminimum limitsofOne MillionDollars($1,000,000.00)combinedsinglelimitper occurrence,coveringallbodilyandpropertydamage arisingoutofthisEncroachmentAgreement.

Thispolicyshallname CITY and itsofficers,agents,andemployeesasadditional insured,andshallconstituteprimaryinsuranceastoCITY and itsofficers,agents,and employees,sothat anyotherpoliciesheldby CITY shallnotcontributetoanylossundersaidinsurance.Saidpolicyshall 23 of 339
pnwidafonflflflymjayipflor writtennoticetoCITY ofcanccllationormatcfialchange.Prior11) wmmencemcnt ofthisEncroachmentAgmement, OWNER shallfurnishCITY a certificateofinsurance withoriginalendorsementsevidencing12116coveragewquiredby thissection.Shouldownerfailtodo so, Citymay electtoobtainsuchcoverageatOWNER’S expenseorimmediatelyterminatethisAgreement.

6. The fulltcnnsandconditionsunderwhichthisEncroachmentPermitisissuedarefizrfllcr setforthinChapter13.12oftheNationalCityMunicipalCode,whichtermsOWNER herebyspecifically acknowledgesand agreesto.Owner alsoacknowledgesthatthosetermsandconditionsinclude,W Liggjfiflgm,thefollowing:
a. The CityresmvestherighttochargetheOwner “fairandreasonable” compensationfortheusoofCITY propertyretroactivetothedateofconsumptionorinstallationofthe encroachment.
b. The CITY canrequiretheremoval,relocation,orundergroundingofthe encroachmentwhen deemed necessaryandfeasibleby and inthesolediscretionoftheCityEngineerat owner'sexpense.

7. ThisencroachmentPermitisnotvalidandconfersno rightstoinstallandmaintainan moroachmentuntilitisacceptedby theOwner.

DATED:

CITY OF NATIONAL CITY PERMI'ITEE:

AlejandraSotelo~Solis,Mayor
Signature
WWW?Name & Title
ATTACH NOTARY CERTIFICATION FOR THE NAME OF PERMITTEE SHOWN ABOVE.

USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY.

PERMITTEE/APPHCANT INFORMATION:

MW MailingAddress:Personichspansiblc C.harge i5 25 De) MM Héifl’lflk RA» #234. ($52)“?sfowoazlj? .24nPhoneNumbeg SM DIEQQ, F A. 4153?) Mme! fmfiia,LLc»Firm Name

PLAT SHOWING LOCATION OF STRUCTURES, BASEMENT, OR RIGI—lT—OF-WAY,AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT “B”,ATTACHED 2 EncroachmentPermitandAgreement
(Cmnmercial))
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'Number of Pages:
‘Slgner'sName:

GALHFORNIA AL PURPOSE AGKNbWfl-EDGMENT IGWIL CODE § 1189 I

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25 of 339
EXHIBIT"A"

LEGALDESCRIPTIONOFPRIVATEENCROACHMENT
OWNER:

AHMADIAN INVESTMENT GROUP, LLC.

ALEX AHMADIAN
3525 DEL MAR HEIGHTS ROAD #274
SAN DIEGO, CA 92130
SITE ADDRESS:
2428 HIGHLAND AVENUE
NATIONAL CITY,CA 91950
APN:
562-072-03-00
ENCROACHMENT LEGAL DESCRIPTION:

A 1.00 FEET WIDE STRIP OF LAND LYING WITHIN HIGHLAND AVENUE IN THE CITY OF NATIONAL CITY,COUNTY OF SAN DIEGO, STATE OF CALIFORNiA, BElNG MORE PARTICULARY DESCRIBED AS FOLLOWS:

COMMENCING AT THE NORTHEAST CORNER OF THE PROPERTY DESCRIBED ON RECORD OF SURVEY NO. 23548 RECORDED APRIL 16,2020 IN THE OFFICE OF THE COUNTY RECORDER OF SAN

DIEGO COUNTY, STATE OF CALIFORNIA, BEING A POINT ON THE WESTERLY RIGHT OF WAY OF HIGHLAND AVENUE; THENCE ALONG SAID RIGHT OF WAY SOUTH 17°42’27" EAST 35.33 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID RIGHT OF WAY SOUTH 17°42'27" EAST 8.50 FEET;THENCE LEAVING SAID RIGHT OF WAY LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE NORTH 72°17'33" EAST 1.00 FEET TO A LINE PARALLEL WITH AND 1.00 FEET EASTERLY OF SAID RIGHT OF WAY MEASURED AT RIGHT ANGLES; THENCE ALONG SAID PARALLEL LINE NORTH 17°42’27” WEST 8.50 FEET;THENCE SOUTH 72°17'33" WEST 1.00 FEET TO THE TRUE POINT OF BEGINNING.

CONTAINING 0.0004 ACRES (8.5SQ. FT.)IN TOTAL
Legaldescriptionprepared by:

Kappa Surveying & En ineering, Inc.

Bvfidate: November 18,2021 ‘
Allen R. A. Turner Ill,PLS
Registrationexpires December 31, 2022

26 of 339
EXHIBITB "MW WLEQENQPROPERTY LINE/

PUBLIC R/W

WATER SERVICE

SEWER SERVICE

FIRE SERVICE

SITE ADD
2428 HIGHLAND AVENUE
NATIONAL CITY, CA 91950
ABM562—072—03—00

BRIEF LEGA ESCR/PTION ' W
THE NORTHERLY 50 FEET OF THE SOUTHERLY 110 FEET OF THE
E43TERLY 20 FEET OF LOT 15, AND THE NORTHERLY 50 FEET
OF THE SOUTHERLY 110 FEET OF LOTS 16, 17, 18, 19, (9620, BLOCK 4, FLORA M. KIMBALL'S SUBDIVISION PER MAP NO. 44
POINTOF j—Z|\COMMENCEMEN T
STRUCTURE ..

I-{IGHLANDAVENUE

I
N17‘4?'27€jw

50.00’
m
§ i E

F

PRIVATE SDG&E

TRANSFORMER PAD

WITHIN ROW
TRUEPOINTOF BEGINN/Nc—\‘
\ PRIVATEIMPROVEMENTfL/M/TS. SEE EXHIBIT"A" FOR DESCRIPTION

N72'17' "E

1.00;3
10 u :‘s
SCALE: 1"=10'

w- ‘W W
KAPPAsufivEYTNcac”ENGINEERINGfINC.E402 N. MAGNOLIAAVE SUlTEC, SANTEE,CA 92071 (619)449—2600 FAX: (619)449—2602 ; KAPPA JOB NUMBER: 348018
27 of 339

REPRESEN'I'ATWE 0R PRODUCER, AND THE CERTIFICATE HOLDER.

CERTIFICATE OF LIABILITY INSURANCE
THIS CERTIFICATE l8 ISSUED AS A MATTER OF INFORMATION ONLY AND GONFERS NO RIGHTS UPON THE GERTWICATE HOLDER. THIS CER'HFICATE DOES NOT AFFIRMATIVELV OR NEGATIVELY AMEND, EXTEND 0R ALTER THE COVERAGE AFFORDED BY THE POLICIES WENWTI'HIS‘CERTIFICIKTE‘OF‘INSIJRN10E"DOES‘NOT‘GONSTITUTE‘A’CONTRACTBETWEEN‘THE‘ISBUINWINSURENSWU’I‘HORIZED‘ IMPORTANT: Ifthe nertlfloatoholderIsan ADDITIONAL INSURED, the polluyuou)mum haw ADDITIONAL INSURED provlslunsor be endorsed.

IfSUBROGATION Is WAIVED, subjectto the terms and condlclonsof the policy,certalnpollolonmay requlrean endorsement. A mtemnm on thismrtlfloatedoes notconferrightsto Iha cefllflcaleholderInllou0fnuah endomemonugj.

BATE(MM/DDWVYV)
08/30/2021

Pnonuum mg“ NicholasLong
PmsoumeInsuranceSewlnee Ham an.6194509600 §ng121-
4625AcaciaAve. unfilé[email protected]
Insunanmwonmuscomm: um 1:

La Mesa CA 91941 INWRERA: WesternWorm Insurance0 13196
manna: maunsna: SlateCompensationInsuranceFund 35076
Symboflu Bullders msumzn a z |
3525DelMarHa|gh|sRd.#274 msuRERD: *INSURER E :

SanDlego CA 92130 mama r:

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

THIS ISTO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED 0R MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITSSHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INBR ADDL EUBR

J-TR TYPEOFJNSURANCE mm ruucvmumsn “6%Wm umrra
X -°°M"E“°"LGE"EMLLM'L"Y EACHOCCURRENCE s 1.000.000
cmlMs-MADEX occur! memes (EaurguE/rim)s 100.000
__ MED EXP(Auyoneperson) 0 6,000
A NPP8692798 10/31/2020 10/31/2021 peasouuavamu/w 3 1,000,000 GEN'LAGGREGATELIMITAPPLIESFER: _(_3_I_ENERALAGGREGATE s ~2,000,000 X POLICYr 512% Loc FRODUGTE-OOMPIOPme 3 Included
omen: s
AUTOMOBILELIABILI'I'V fieMB'NFDHINGLELIMIT g
ANYAUTO BODILYINJURY(Purpusun)‘3
flv’ginonw___fififigmfl 50vaINJURY(Pavmmm)$
HIRED NON—OWNED PROPERT—MWVR—AMAGE $
W AurasONLV _ AurasONLV (Pernmdml
s
UMBRELLA““3 occun EACHDGGURRENCE s
EXOEBS“RD N cwms-MADE AGGREGATE 3
BED RETENTION$ E om s
wamsna COMPENSATION P- .

ANDEmpLovana-umlmv vm X 575W“! ER 10000
B é’éKiEWSJSEA'Efi'fiF‘E’E/mmmY m 03020172021 07/30/202107/31/2022E'L'5“"“cc'DE'” ‘ ‘ ‘0° ~—wumwy InNH) E.L.D|SEASE~EAEMPLOYEE3 1,000,000 dnamlbauornd "w
RIFnONOFOPER/monsbulow E.L.DIBEAsE-POLIGVLIMITs 1.000.000 nmmrrmu OFovemmus/ LOCATIONSWEHIcuas(mono101.Mdlflonalannflmsahwuln,my Inmuchnd[ImamspamIsraqnmd) ‘ Canoeuallon10 days non paymant.30 days allother.

The CityofNallanalClty,Itselectedofficials,officers,agents.employees, and volunteersare named as AddlllonalInsured,perthe attachedendorsemem CERTIFICATE HOLDER _CANCELLATION
suouLDANY OF THEABOVE DEacRIBEDPOLICIESBE CANCELLEDBEFORE THE EXPIRA‘HONDATE THEREOF, NOTICE WILL BE DELIVERED IN CllyofNaflunalCity ACCORDANCE wrrHTHEPOLICYPROVISIONS.
0/0RISK Manager AU'IHORIZEDREPRESEMTATIVE1243 NallunalCityBlvd - NatlonalOlly CA 019504301$1M”
ACORD 25 (2010/03)
@1900-2015 ACORD CORPORATION. Allrightsreserved.

The ACORD name and logo are registeredmarks ofACORD
28 of 339
POLICY NUMBER: NPPBGQZ'TQB COMMERCIAL GENERAL LIABILITY

CG 25 10 04 18
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED - OWNERS, LESSEES 0R .

CONTRACTORS - SCHEDULED PERSON OR

ORGANIZATION
Thls endorsement modltlea Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

SCHEDULE
Name Of Addllional Inaured Parson(s) LnoatlnMs) of Covered Operatlons 0r Organizaflun(a):

The City of Natlonal City, Its 2423 Highland Ava
elected officlals.Officers, National Olly,CA 91950
agents. employees, and
volunteers
0/0 Risk Manager
1243 Natlonal City Blvd
Natlonal City,CA 91950-4301

Information requlmd to complete thls Schedule, Ifnot shown above, wlllbe shown In tho Daclaratlons.

A. Sectlon ll - Who Is An Insured ls amended to B. Wllh respect to the Insurance afforded to these Include as an addltlonal Insured the person(s) or addltlonal lnsureds, the following addltlonal urganlzation(s) shown In the Schedule, but only exclusions apply:
“"1"rssEeottonhwallityfor"bodlly’"ng' "property This Insurancedoes not apply to “bodllyinjury"ordamage or personal and advert! ng Injury "property damage" occurring after:
caused, In whole or in part, by:

1. Allwork, Including materlals,parts or equipment
1" Your actsoromlsslona;0' fumlshad Inconnectionwlthsuch work, on the

2. The acts or omlsslons of those acting on your project (other than service, maintenance or behalf; repairs) to be parlormed by or on behalf of the additional insured(s) at the locatlon ot theIn the rforrnanoe of our on uln o eratlons forpe y g g p covered operatlons has been oomp|eted: orthe addi|ional lnsuredha) at the Iocatlon(s) deslgnated above. 2. That portton of “your work“ out of which tha Injury or damage arlses hats been put to ItsHowever: .Intended use by any person or organization 1- The Insurance (I-xffordedto 5W“ addltlunal otherthan anothercontractoror subcontractor Insured only appllas to the extent permuted by engaged In performing operations for ,1pflnclpal |EW§am as a partatthe same project.

2. Ifcoverage provlded to the addltlonal insured is
requlred by a contract or agreement, the
Insurance aflorded to such addltlonalInsured
wlll nut be broader than that whlch you are
required by the contract or agreement to
provide tor such addltlonalInsured.

OG 20 10 04 13 Copyflght, Insurance Servlcas Office. Inc.,2012 Page 1 of 2

29 of 339

c. Wlth respect to the Insurance afforded to these 2. Available under the applicable leka of addltlcnal lneureds, the following In added to Insurance shown Inthe Declaratlons; Seaman III- Limits 0! Insurance: whlohsver ls less.

Ii noverag- provlded to tho addltlonal Insured ls ”I11Isendorsement shall not Increase the applicable reqUIred by a contract or agreement, the mrwt We mm: of Insurance shown Inthe Deolarallons. wIIIpay on behalf of the additional Insured Is \he
amount of Insurance:

1. Hequlrad by the contract or agreement; or

Page 2 of 2 ends

30 of 339

POLICY NUMBEH:NPP3592793 COMMERCIAL GENERAL LIABILITY

cm 24 04 D5 09

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
Thls endorsement modlllas Insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PAFlT
PHODUCTSKL‘OMPLETED OPERATIONS LIABILITY COVERAGE PART

SCH EDULE

Name 0! Person Or Organization: .

The Clty of National City, 11:5 elected officials.

Officers, agents, employees, and volunteers
C/O Risk Manager
1243 National City Blvd, National City, CA 91950—4301

Information requlred to complete thisSchedule, Ifnot shown above, willbe shown in tha Declarations.

The following ls added to Paragraph 8. Transfer 01'
Rights Of Recovery Agalnst others To Us of
Section IV — Gondltlons:

We waive any right of racuvery we may have agalnst
the person or organlzation shown In the Schedule
above because of payments we make for Injury or
damage arialng out of your ongoing operatlons or
"your work" done under a contract with that person or
organlzatlon and included Intha "productsmomplated
operatlans hazar ". Thls walver applies only to the
person or organlzatlon shown Inthe Schedule above.

CG 24 M 05 09 Copyright, Insurance Services Otflce,Inc" 2008 Page 1 of 1 31 of 339
RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, AUTHORIZING THE MAYOR TO SIGN AN ENCROACHMENT PERMIT

AGREEMENT WITH AHMADIAN INVESTMENT GROUP, LLC, TO INSTALL A

TRANSFORMER PAD WITHIN THE PUBLIC RIGHT-OF-WAY AS PART OF THE FUTURE DEVELOPMENT PROJECT LOCATED ON 2428 HIGHLAND AVENUE (APN 562-072-03-00)

WHEREAS, Ahmadian Investment Group, LLC , owner of the property located at 2428 Highland Avenue, proposes constructing a three (3) story residential development complex (“Project”); and
WHEREAS, the Project will install a transformer pad that will encroach by one (1) foot onto the public right-of-way to accommodate a San Diego Gas & Electric (“SDG&E”) transformer pad; and

WHEREAS, an encroachment agr eement is required to allow Ahmadian Investment Group, LLC to install the improvement in the public right of way , and upon notification in writing by the City Engineer, the above-described encroachment must be abandoned, removed, or relocated by the owner, at the owner’s expense; and WHEREAS, City staff recommends the City Council adopt the resolution authorizing the Mayor to execute the Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to install a transformer pad within public right -of-way as part of the future development project located on 2428 Highland Avenue (APN 562-072-03-00).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes the Mayor to sign an Encroachment Permit Agreement with Ahmadian Investment Group, LLC, to install a transformer pad within public right-of- way as part of the future development project locat ed on 2428 Highland Avenue (APN 562-072-03-00).

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///

32 of 339
Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor

ATTESTS:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
33 of 339

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California: 1) awarding a contract to Eagle Paving Company, Inc. in the not-to-exceed amount of $650,760.00 for the National City Boulevard Bikeway Project, CIP No. 19-18; 2) authorizing a 15% contingency in the amount of $97,614.00 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works)
Please scroll down to view the backup material.
34 of 339

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: January 13‘ 2022 AGENDA ITEM NO.

ITEM TITLE:

Resolution of the City Council of the City of National City,1) awarding a contractto Eagle Paving Company, Inc. inthe not—to—exceed amount of $650,760.00 forthe National City Boulevard Bikeway Project,CIP No. 19—18; 2) authorizinga 15% contingency inthe amount of $97,614.00 forany unforeseen changes; and 3) authorizingthe Mayor to execute the contract
PREPARED BY: Luca Zappiello,Assistant Engineer — Civil DEPARTMENT: Engineering/PublicWorks PHONE: 619-336-4360 §‘3 APPROVED BY: WW
EXPLANATION:

See attached.

FINANCIALSTATEMENT: APPROVED:LW‘ Finance
ACCOUNT NO. APPROVED: MIS
ContractAward - $650,760.00
Expenditure Account No. 296—409-500—598—6601 - $339,001.00 (NationalCityBlvd Inter~CityBike Connections) Expenditure Account No. 307—409—500-598—6035 - $311,759.00 (Resurface Streets) 15% Contingency — $97,614.00
Expenditure Account No. 307-409-500—598-6035 - $97,614.00 (Resurface Streets) ENVIRONMENTAL REVIEW:

Caltrans Determination of Categorical Exclusion under 23 CFR 771.117(c): activity(c)(22),approved December 15, 2020.

ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Adopt Resolution awarding a contractto Eagle Paving Company, Inc.inthe not—to—exceed amount of $650,760.00 for the National City Boulevard Bikeway Project, CIP No. 19—18.

BOARD l COMMISSION RECOMMENDATION:

N/A

ATTACHMENTS:

1. Explanation wl VicinityLocation Map

2. Bid Opening Summary

3. Three Lowest Bidders Summary
4‘ Owner-Contract Agreement 5. Resolution

35 of 339

EXPLANATION
On May 15, 2018, the CityCouncil adopted Resolution No. 2018—70 authorizingthe filing of eleven (11) grant applicationsthrough the San Diego Associationsof Governments’ (SANDAG) Active Transportation Grant Program (ATGP) and Smart Growth Incentive Program (SGIP). The NationalCityBoulevard Bikeway projectwas included as one ofthe grantapplications.

On December 6, 2018, SANDAG authorized the City to proceed With the design and construction phase for this project in the totalamount of $395,001.00 that includes a $1,000.00 localmatch.

The National City Boulevard Bikeway projectwillprovide nearly 0.2 miles of enhanced (buffered)bike lanes along 33rd St from Hoover Ave to National City Blvd. The project willimplement nearly 0.4 miles of Class IIfacilitiesalong National City Blvd from 33rdSt to C Streetatthe southern citylimitwith Cityof Chula Vista.The projectwillincludetraffic calming features,decreased lane widths, bike/pedestrianimprovements at freeway on/off ramps, bike boxes, lighting,and pedestrian safety enhancements. The project will improve the safety forpeople walking and biking.

On October 26, 2021, the bid solicitationwas posted on PlanetBids, a free public electronicbidding system for contractors.On October 29, 2021 and November 1, 2021, the bidsolicitationwas advertised inlocalnewspapers.

On November 16, 2021, nine (9)bidswere received by the 1:00 pm. deadline.LC Paving & Sealing Inc.was the apparent lowest bidder with a totalbid amount of $607,357.52.

Upon review of the bid documents submitted, LC Paving & Sealing Inc.failedto submit all required bid documents before the bid opening as required by the Construction SpecificationsInstructionto Bidders and 2—1.3 Award of Contract.On November 29, 2021, LC Paving & Sealing Inc.was notifiedabout thisirregularitythat resultedin their bid being deemed non-responsive.

Subsequently, staffreviewed the bid documents submitted by the second lowest bidder, Eagle Paving Company, Inc. Upon review of alldocuments submitted Eagle Paving Company, lnc.’sbid was deemed responsive and they are the lowest responsiblebidder qualifiedto perform the work as described inthe projectspecifications.

Therefore, staffrecommends awarding a contractto Eagle Paving Company, Inc.,in the amount not to exceed $650,760.00. Staffalso recommends authorizinga 15% contingency in the amount of $97,614.00 to address any unforeseen conditions that may arise. The contractwillbe funded through a combination of SANDAG ATGP Funds and TransNet.

Attached are the bid opening summary sheet and a lineitem summary of the three lowest bidders forreference. Also attached isthe Owner—Contractor Agreement.

Construction is estimated to be completed by spring 2022. Typically construction will begin four to six weeks after City Council approves award of contract to allow for 36 of 339
coordinationefforts,as well as contractormobilization.Updates willbe provided on the City’sCIP dashboard at:httpszllwww.nationalciflgaqov/qovemment/enqineérinwpublic:
works.
37 of 339
Project Plan ViewInter-City Bike Connections
Active Transportation Grant Program Capital Grant Application Project Site PlanNational City Blvd Inter-City Bike Connection Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNE S/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community
Sweetwater RiverSweetwater River
Bike PathBike Path
Sweetwater River
Bike Path
Bayshore BikewayBayshore Bikeway
Bayshore Bikeway
C StC StC St
33rd St33rd St
Hoover AveHoover Ave
33rd St
Hoover Ave
Nationa
l City Bl
National City Bl
Nationa
l City Bl
City of Chula VistaCity of Chula VistaCity of Chula Vista 54 54
Enhanced (Buffered) Class II - Bike Lanes
Broadway from C St to G St
(In Final Design)
35th St35th St35th St
Proposed Class II - Bike Lanes
(Extents of Project)
Connection to Regional Bikeway
Existing Class I -
Regional Bike Path (SANDAG)
Existing Class II - Bike Lanes
Existing Class III - Bike Route
Number of Bicycle and
Pedestrian Collisions (2009-2016)
City of National CityCity of National CityCity of National City 0 400 200 Feet
²
!
1 !
#
Class II - Bike Lanes
!
2 !
1 38 of 339
NAME:

DATE:

TIME:
«s— CALIFORNIA a-a»
NATIONAL CITYCa fl“?INCORPORAT
A
EDD

BID OPENING SUMMARY
National City Boulevard Bikeway projecy
CIP NO: 19-18
Tuesday, November 16, 2021
1:00 P.M.

ESTIMATE: $720,000.00
PROJECT ENGINEER: Roberto Yano, P.E.

NO. BIDDER’S NAME BID AMOUNT
BID

SECURITY
~ BOND

LC Paving & SealingInc
620 Alpine Way
ESCONDIDO, California92029
$607,357.52 Bond

Eagle Paving
13915 Danielsou Street
Poway, California92064
$650,760.00 Bond

LB CivilConstruction,Inc.
324 E. Valley Pkwy
Escondido, California92025
$670,676.00 Bond

Entenman Development Group Inc
421 Broadway Ave STE62
San Diego,California92101
$689,308.78 Bond

SRM Contracting& Paving
7192 Mission Gorge Road
San Diego,California92120
$698,745.00 Bond

PAL General Engineering
23 64 Paseo De Las Americas
San Diego, CA 92154
$787,972.00 Bond

A7, Inc
710 Grand Ave
SpringValley,California91977
$848,683.01 Bond

Blue Pacific Engineering& Construction
3545 Camino delRio South
SuiteA
San Diego, Califomia 92108
$885,395.00 Bond

Wier ConstructionCotportation
16884 OLD SURVEY ROAD
Escondido, California92025 $931,496.50
Bond

39 of 339

Bid Resultsfor National CityBoulevard Bikeway Project(CIPNo. 19—18)

Item Description Unit Qty. LC Paving & Sealing,Inc, Eagle Paving Company, Inc. LB CivllConstruction,Inc.

No.

Base Bid - National City Boulevard Bikeway Project
1 Mobilization/ L5 1 $35,204.67 $35,204.67 $30,000.00 $30,000.00 $33,000.00 $33,000.00 Demobilization ‘
2 Project Schedule L5 1 $5,933.48 $5,933.48 $1,500.00 $1,500.00 $10,440.00 $10,440.00 3 Surveyingand LS 1 $13,788.45 $13,788.45 $4,000.00 $4,000.00 $6,000.00 $6,000.00 Construction
Staking
4 PedestrianControl LS 1 $48,191.85 $48,191.85 $80,000.00 $80,000‘00 $34,000.00 $34,000.00 5 Water Pollution L5 1 $7,908.52 $7,908.52 $3,000.00 $3,000.00 $4,000.00 $4,000.00 Control
6 Unclassified L5 1 $30,978.68 $30,978.68 $2,500.00 $2,500.00 $115,000.00 $115,000.00 Excavation
7 Clearing and LS 1 $30,839.95 $30,839.95 $10,000.00 $10,000.00 $5,200.00 $5,200.00 Grubbing
8 Construct 6” LF 56 $71.57 $4,007.92 $100.00 $5,600.00 $44.00 $2,464.00 Median Curb Type
B-1 per SDRSD G~6
9 Construct6” LF 15 $145.83 $2,187.45 $200.00 $3,000.00 $156.00 $2,340.00 Median Curb Type
B—3 per SDRSD 6—7
10 Construct4” FCC SF 1250 $10.64 $13,300.00 $18.00 $22,500.00 $26.00 $32,500.00 Sidewalk per SDRSD
G—7, 6—9, 6-10, 6-11
11 Construct Asphalt TON 906 $147.65 5133,7709 $140.00 $126,840.00 $132.00 $119,592.00 Concrete Pavement 0
12 ReplaceExisting EA 3 $1,617.11 $4,851.33 $900.00 $2,700.00 $1,500.00 $4,500.00 Storm Drain Grate,
Type 18—9X
13 Construct Class II TON 1100 $36.21 $39,831.00 $108.00 $118,800.00 $60.00 $66,000.00 Aggregate Base
14 SlurrySeal SF 100000 $0.56 $56,000.00 $0.60 $60,000.00 $0.55 $55,000.00 15 Cold Mill SF 8400 $1.37 $11,508.00 $0.65 $5,460.00 $2.50 $21,000.00 16 Furnish and Install SY 40 $201.00 $8,040.00 $90.00 $3,600.00 $4500 $1,800.00 erafi R5380i
Woven
Geosynthetic, or
approved equal
17 Furnishand Install EA 180 $255.97 $46,074.60 $252.00 $45,360.00 $247.50 $44,550.00 FlexiblePost '
Delineators
18 Removal, Disposal, CY 20 $354.01 $7,080.20 $100.00 $2,000.00 $450.00 $9,000.00 and Replacement of
UnsuitableMaterial
19 Signing and Striping LS 1 $49,612.27 $49,612.27 $57,340.00 $57,340.00 $47,970.00 $47,970.00 20 TrafficSignal L5 1 $36,405.16 $36,405.16 $41,600.00 $41,600.00 $35,200.00 $35,200.00 Modification —
NationalCity
Boulevard & SR-54
WB Off~ramp
21 TrafficSignal LS 1 $8,191.16 $8,191.16 $9,360.00 $9,360.00 $7,920.00 $7,920.00 Modification—
NationalCity
40 of 339

Boulevard 81W
35Th Street
22 TrafficSignal
Modification-
NationalCity
Boulevard & SR—54
EB 0n-ramp
LS

$13,651.93

$13,651.93 $15,600.00

$15,600.00 $13,200.00

$13,200.00

Total $607,357.52 $650,760.00 $670,676.00
41 of 339
/\

OWNER - CONTRACTOR AGREEMENT
NATIONAL CITY BOULEVARD BIKEWAY PROJECT, CIP NO. 19-18
This Owner—Contractor Agreement (”Agreement”) ismade by and between the Cityof National City,1243 NationalCity Boulevard NationalCity,California91950 and Eagle Paving Company, Inc.("Contractor”),13915 DanielsonStreet,Poway, CA 92064, on the gwaygf Januam, 2022l forthe constructionof the above referencedProject.

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 allthe work and furnishallthe labor,services,materialsand equipment necessary to constructand complete the Projectin a turn-key manner in accordance with thisAgreement and alldocuments and plans referenced in Exhibit”A”, (hereinafter”ContractDocuments”), in compliance with allrelevantFederal,State of California,County of San Diego and Cityof National Citycodes and regulations,and to the satisfactionof the Owner.

2. CONTRACT PRICE
Owner hereby agreesto pay and the Contractoragrees to accept as fullcompensation for constructingthe projectin accordance with these Contract Documents in an amount not to exceed the contractpriceas setforthinExhibit”B" attached hereto and incorporated herein by reference.Payments to the Contractorshallbe made inthe manner described inthe SpecialProvisions.

3. TIME FOR PERFORMANCE
Time isof the essenceforthisAgreement and the Contractorshallconstructthe project inevery detailto a complete and turn—keyfashionto the satisfactionofthe Owner within the specifieddurationsetforthinthe SpecialProvisions.

4. NON—DISCRIMINATION
in the performance of thisAgreement, the Contractorshallnot refuseor failto hireor employ any qualifiedperson, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privilegesof employment because of such person's race, religiousstatus, sex or age,
42 of 339

5. AUTHORIZED OWNER REPRESENTATIVES
On behalf of the Owner, the ProjectManager designated at the pre-constructionmeeting shallbe the Owner’s authorizedrepresentativeinthe interpretationand enforcement of allWork performed inconnection with thisAgreement.

6. WORKERS' COMPENSATION INSURANCE
a) By my signaturehereunder, as Contractor,Icertifythat Iam aware of the provisionsof Section 3700 of the Labor Code, which requiresevery employer to be insured againstliabilityfor Workers’ Compensation or to undertake self—insurancein accordance with the provisionsofthatCode, and iwillcomply with such provisionsbeforecommencing the performance of the Work of thisAgreement.
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 shallcause each subcontractor to execute the followingcertification:
"Iam aware of the provisionsof Section3700 of the Labor Code, which requires every employer to be insured againstliabilityfor worker's compensation or to undertake seIf—insuranceinaccordance with the provisionsof that Code, and Iwill comply with such provisionsbefore commencing the performance of the Work of thisAgreement." ‘

7. ENTIRE AGREEMENT; CONFLICT
The Contract Documents comprise the entireagreement between the Owner and the Contractorwith respectto the Work. Inthe event of conflictbetween the terms of this Agreement and the bid of the Contractor,then thisAgreement shallcontroland nothing hereinshallbe consideredas an acceptance ofthe terms of the bidconflictingherewith.

8. MAINTENANCE OF AGREEMENT DOCUMENTATION
Contractor shallmaintain allbooks, documents, papers,employee time sheets,accounting records and other evidence pertainingto costsincurredand shallmake such materials availableat itsofficeat allreasonable times duringthe term of thisAgreement and forthree (3)yearsfrom the date of finalpayment under thisAgreement, for inspectionby Owner and copiesthereofshallbe furnishedto Owner ifrequested.

9. INDEPENDENT CONTRACTOR
At alltimes during the term of this Agreement, Contractor shallbe an independent contractor and shallnot be an employee, agent, partner or jointventurer of the Owner.

Owner shallhave the rightto control Contractor insofaras the resultsof Contractor‘s 43 of 339
servicesrendered pursuant to thisAgreement; however, Owner shallnot have the rightto controlthe means by which Contractor accomplishes such services.

10. LICENSES AND PERMITS
Contractorrepresentsand declaresto Owner thatithas alllicenses,permits,qualifications and approvals of whatever nature which are legallyrequired to practiceitsprofession.

Contractor represents and warrants to Owner that Contractor shall,at itssole cost and expense,keep ineffectatalltimes duringthe term ofthisAgreement, any licenses,permits, qualificationsor approvals which are legallyrequired for Contractor to practice its profession.

11. GOVERNING LAW,VENUE
This Agreement and the Contract Documents shallbe construed under and in accordance with the laws of the State of California,and the appropriate venue for any action or proceeding arisingfrom thisAgreement and/or the Contract Documents shallbe had inthe Superior Court of San Diego, CentralBranch.

12. COUNTERPARTS
ThisAgreement may be executed inany number of counterparts,each of which shallforall purposes be deemed to be an original.

13. FALSE CLAIMS
Contractor acknowledges that ifa false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, CaliforniaGovernment Code sections 12650, et seq.,providesforcivilpenaltieswhere a person knowingly submits a falseclaimto a public entity. These provisionsinclude within theirscope false claims made with deliberate ignorance of the falseinformation or in recklessdisregard of the truth or falsityof the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, itisentitledto recover itslitigationcosts,includingattorneys’ fees. Contractor hereby acknowledges that the filingof a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from furtherbidding on publiccontractsfor a period of up to five(5)years.

Ihave read and understood allof the provisions of thisSection 15, above:
(Initial) (lgitiall:%

44 of 339

14. AGREEMENT MODIFICATION
This Agreement and the Contract Documents may not be modified orallyor in any manner other than by an amendment inwritingand signed by the Owner and the Contractor.

IN WITNESS WHEREOF thisAgreement isexecuted as of the date firstwrittenabove.

Owner: Contractor:

Eagle Paying Company, Inc.

Alejandra Sotelo—Solis (O er/Oh‘icersignature)
Mayor, Cityof NationalCity

JoelBatule President
Printname and title

APPROVED AS TO FORM:
(Second officersignatureifa or ration)

By; Marisa Garland, CFO
Charles E. Bell,Jr. Printname and titie
CityAttorney
09012859
Contractor’sCityBusiness License No‘
944939, C12 A
State Contractor’sLicense No and Class
13915 Danielson Street,Suite 201
Businessstreetaddress
Poway, CA 92064
City,State and Zip Code
45 of 339

EXHIBIT A

CONTRACT DOCUMENTS
Owner/Contractor Agreement
Bid Schedule
Addenda
Plans
SpecialProvisions(Specifications)
San Diego County RegionalStandard Drawings
Cityof National CityStandard Drawings
Standard Specificationsfor Public Works Construction and Regional Supplements (Greenbook)
State Standard Specifications
StateStandard Plans
CaliforniaBuilding,Mechanical, Plumbing and ElectricalCodes Permits issued byjurisdictionalregulatoryagencies
Electric,gas, and communications companies specificationsand standards Sweetwater Authorityspecificationsand standards
Specifications,standards and requirements of MTS, BNSF, SANDAG, Port of San Diego and allother agenciesthat may be adjacentand/or affectedby the project. 46 of 339

EXHIBIT B

CONTRACT PRICE
(NOTE - TO BE COMPLETED T0 CONFORM WITH BID SCHEDULE ITEMS) 47 of 339

Bid Results for National City Boulevard Bikeway Project (CIP No. 19-18)

Iii“ Description Unit Qty. Eagle Paving Company, Inc.

Base Bid - National City Boulevard Bikeway Project
1 Mobilization/ Demobilization LS 1 $30,000.00 $30,000.00 2 ProjectSchedule LS 1 $1,500.00 $1,500.00
3 Surveyingand ConstructionStaking LS 1 $4,000.00 $4,000.00 4 PedestrianControl L5 1 $80,000.00 $80,000.00
5 Water PollutionControl LS 1 $3,000.00 $3,000.00
6 UnclassifiedExcavation LS 1 $2,500.00 $2,500.00
7 Clearingand Grubbing L5 1 $10,000.00 $10,000.00
Construct6” Median Curb Type B-1 per8 SDRSD G-G LP 56 $100.00 $5,600.00 Construct 6” Median Curb Type B~3 per9 SDRSD G—7 LF 15 $200.00 $3,000.00 Construct4" PCC Sidewalkper SDRSD G-10 7, 6—9, 6-10, 6-11 SF 1250 $18.00 $22,500.00 11 Construct Asphalt Concrete Pavement TON 906 $140.00 $126,840.00 12 Replace ExxstlngSigigmxbram Grate, Type EA 3 $900.00 $2,700.00 13 ConstructClassIIAggregate Base TON 1100 $108.00 $118,800.00 14 SlurrySeal SF 100000 $0.60 $60,000.00
15 Cold Mill SF 8400 $0.65 $5,460.00
16 l-urmshand InstallMiraflRS380I Woven SY 40 $90.00 $3,600.00 Geosynthetlc,or approved equal
17 Furnish and “15123“FieXIblePost EA 180 $252.00 $45,360.00 Dehneators
Removal, Disposal,and Replacement of18 Unsuitable Materia! CY 20 $100.00 $2,000.00 19 Signingand Striping LS 1 $57,340.00 $57,340.00
TrafficSignalModification— NationalCity
20 Boulevard& SR—54 WB Off—ramp L5 1 $41’600'00 $41'600'00 Traffic SignalModification w National City
21 Bouleva rd & W 35Th Street L5 1 59'360'00 59'360'00
TrafficSignalModification- NationalCity
22 Boulevard& SR-54 EB 0n—ramp L5 1 515’600'00 $15,600.00 Total $650,760.00
48 of 339

CORPO RATE CERTI FICATE

l, flwb WDWLf/x certifythatIam the Secretaryofthe
Corporationnamed as Contractorinthe foregoingContract;that QOQU ’YQWW ,who signedsaidcontracton behalfofthe
Contractor,was then Qm ofsaid
Corporation;that saidcontractwas duly signed forand inbehalfof saidCorporation by authorityof itsgoverning body and iswithinthe scope of itscorporate powers.

I, (\w/ VQWW certifythatIam theSecretaryofthe
Corporation named as Contractor inthe foregoing Contract;that 3% MD?) ,who signedsaidcontracton behalfofthe
Contractor,was then (UQIO ofsaid
Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of itsgoverning body and iswithin the scope of itscorporate powers.

Corporate Seal:
49 of 339

PARTNERSHIP CERTIFICATE

STATEOF )
)ss
COUNTY OF .)
On this day of ,20 , before me, the undersigned, a Notary Publicinand for saidCounty and State,personallyappeared:

(NotarySeal)
known to me to be of the partners of the
partnership that executed the within instrument, and acknowledged to me that such partnershipexecuted the same.

Signature:

Name (Type or Print):
(Notary Publicinand forsaidCounty and State)
My Commission expires:
50 of 339
BOND NO. 024256613
PREMIUM: $8,016.00PREMIUM ISFOR CONTRACT TERM

AND IS SUBJECT TO ADJUSTMENT

BASED ON FINAL CONTRACT PRICE

PERFORMANCE BOND
WHEREAS, the CityCouncilof the Cltyof NationalCity,by ResolutionNo. 2022. , on the 18‘“ day of Januag, 2022. has awarded Eagle Paving Company, Inc., hereinafterdesignated as the "Principal",the NATIONAL CITY BOULEVARD BIKEWAY PROJECT, CIP NO. 19—18
WHEREAS, said Principalisrequired under the terms of said contract to furnish a bond forthe faithfulperformance of saidcontract.

NOW, THEREFORE, we, the Principaland
THE OHIO CASUALTY INSURANCE COMPANY as surety, are held and firmly bound unto the Cityof NationalCity,hereinaftercalledthe "City",inthe penal sum of SixHundred FiftyThousand, Seven Hundred Sixty($650,760.001dollarslawfulmoney of the United States,forthe payment ofwhich sum we” and trulyto be made, we bind ourselves,our heirs,executors, administratorsand successors,jointlyand severally, firme by these presents,
THE CONDITION OF THIS OBLIGATION ISSUCH THAT ifthe above bounden Principal, his/her or itsheirs,executors, administrators,successors or assigns,shallin allthings stand to and abide by,and welland trulykeep and perform the covenants,conditionsand agreements inthe said contractany alterationthereof made as therein provides,on his or theirpart,to be kept and performed at the time and inthe amount therein specified, and in allrespectsaccording to theirtrue intentand meaning, and shallindemnify and save harmless the Cityof NationalCity,itsofficers,agents,employees, and volunteersas thereinstipulated,then thisobllgationshallbecome nulland void;otherwise itshallbe and remain infullforce and virtue.

And the said Surety,for value received,hereby stipulatesand agrees that no change, extension of time, alterationor addition to the terms of the contract or to the work to be performed hereinor the specificationsaccompanying the same shallinany wise affectitsobligationson thisbond, and itdoes hereby waive noticeof any such 51 of 339
change, extension of time, alterationor additions to the terms of the contract or to the work or to the specifications.

In the event suitisbrought upon thisbond by the City and judgment isrecovered, the surety shallpay allcostsincurredby the Cityinsuch suit,includinga reasonable attorney's fee to be fixedby the Court.

IN WITNESS WHEREOF three identicalcounterpartsof thisinstrument,each of which shall for allpurposes be deemed an originalthereof,have been duly executed by the Principaland Surety above named, on the 10TH day of DECEMBER ,20 21 .

THE OHIO CASUALTY EAGLE PAVING COMPANY, INC.

INSURANCE COMPANY (SEAL) DBA RMENGINEERING (SEAL)
m» 0.37% (SEAL) .W (SEAL)
MARK Di|ATAROLA,ATTORNEY-IN-FACT(SEAL) JOEL ATULE,PRESIDENT (SEAL) Surety Principal
52 of 339

PERFORMANCE BOND
ATTORNEY-iN-FACT ACKNOWLEDGEMENT OF SURETY

STATEOF )
)ss

COUNTY OF )
On this day of , 20 , before me, the undersigned,a Notary Public in and for sald County and State, personally appeared known to me to be the person
whose name is subscribed to the within instrument as the attorney—in—factof the , the corporation named as Surety
in said instrument,and acknowledged to me that he subscribedthe name of said corporationthereto as Surety,and hisown name as attorney-in-fact.

NOTE: Signatureof those executingfor NOTE: The Attorneynimfactmust attacha Surety must be properly certifiedcopy of the Power of
acknowledged. Attorney.

Signature:

Name (Typeor Print):

NotaryPublicinand forsaidCounty and State
My Commission expires:
53 of 339
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189

A notaw publicorotherofficercompletingthiscenificateverifiesonlytheidentity0ftheindividualwho signedthedocument towhich thiscertificateisattached.and notthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of SAN DIEGO
On 12/10/2021 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here InsertName and TitleOf the Officer
personally appeared MARK D. IATAROLA
Name(s) of Signer(s)

who proved to me on the basis of satisfacton/evidence to be the person(fr)whose name‘s) islatesubscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/her/their authorized capacityfies),and that by his/hef/fheifsignature(e)0n the instrument the person(s),or the entity upon behalf of which the person(&) acted, executed the instrument.

Icertifyunder PENALTY OF PERJURY under the
laws of the State of Californiathatthe foregoing
paragraph istrue and correct.

TRACY LYNN RODRIGUEZ
COMM. #2318838

SAN DIEGO COUNTY
NOTARY PUBLICCALIFORNIAZ WITNESS my hand and officialseal.

Signature

Place Notary Seal and/or Stamp Above

OPTIONAL
Completing thisinformation can deter alterationof the document or fraudulent reattachment of this form to an unintended document.

Description of Attached Document
Titieor Type of Document:

Document Date: NumberofPagesz
Signer(s)Other Than Named Above:

Capacityfies) Claimed by Signer(s)
Signer'sName: MARK D. |ATAROLA Signer‘sName:
[1Corporate Officer — Title(s):‘ El Corporate Officer ~ Title(s):

I3 Partner~ El Limited [3 General I] Partner— El Limited D General IIIindividual IE Attorney in Fact IIIIndividual CI Attorney in Fact E] Trustee E! Guardianof Conservator CI Trustee I11GuardianDfConservator El Other: D Other:

Signer i5Representing: Signer isRepresenting:

@2017 National Notary Association
54 of 339

Not
valid
for
mortgage,
note,
loan,
letter
of
credit,
currency
rate,
interest
rate
or
residual
value
guarantees.

ThisPowerofAttorneylimitstheactsofthosenamed herein,andtheyhaveno authorityto bindtheCompany exceptinthemanner and totheextenthereinstated.

.
leerty LibertyMutual Insurance Company
Mutual.) TheOhioCasualtyInsuranceCompany CertificateN0:82051114124100 ——~—— West American Insurance Company
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatThe OhioCasualtyInsuranceCompanyisa corporationdulyorganizedundertheiawsoftheStateofNew Hampshire,that LibertyMutualInsuranceCompanyisa corporationdutyorganizedunderthelawsoftheStateofMassachusetts,andWestAmericanInsuranceCompanyIsa corporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname.constituteandappoint,Helen Maloney;JohnG. Meloney;Mark D Iataroia;SandraFigueroa;TraeyHolmes;TracyLynn Rodriguez

allofthecityof Escondido stateof CA eachindividuallyIttherebemorethanonenamed,itstrueandlawfulattorney-in-tacttomake, execute,seal.acknowledgeanddeliver,torandon itsbehalfas suretyandas itsactanddeed,anyandallundertakings,bonds.reeognizaneesandothersuretyobligations,inpursuance ofthesepresentsandshallbe as bindingupontheCompaniesas iftheyhavebeendulysignedby thepresidentandattestedbythesecretaryoftheCompaniesintheirown proper persons.

INWITNESS WHEREOF, thisPowerofAttorneyhasbeensubscribedby an authorizedofficerorotficiaioftheCompaniesandthecorporateseatsoftheCompanieshavebeen affixed theretothis 29th dayof March , 2021

LibertyMutualInsuranceCompany
The OhioCasualtyInsuranceCompany
WestAmericanInsuranceCompany
WMDavidM. Carey,AssistantSecretary

StateofPENNSYLVANiA 5
CountyofMONTGOMERY
On this 29th dayof March , 2021 beforeme personallyappearedDavidM. Carey,who acknowiedgedhimseiftobetheAssistantSecretaryofLibertyMutualInsurance Company,The OhioCasualtyCompany,andWestAmericanInsuranceCompany,andthathe,assuch,beingauthorizedso todo,executetheforegoinginstrumentforthepurposes thereincontainedbysigningonbehalfofthecorporationsbyhimselfasa dulyauthorizedofficer, 5 INWITNESS WHEREOF, Ihavehereuntosubscribedmy name and affixedmy notarialsealatKingofPrussia,Pennsylvania,on thedayand yearfirstabovewritten.

Commonwealth 0tPennsyivanlaANotarySeal
TeresaPastella,NotaryPublic
MantgomeryCounty /\ / i a
MycommraslonexpiresMarch23,2025 By:Commissionnumber1126044 .

Member,PennsyhmninAssociationatNotaries TeresaPastella,NotaryPUbI'C

ThisPower ofAttorneyIsmade and executedpursuanttoand by authorityofthetoliawingBylaws and AuthorizationsofThe Ohio CasualtyinsuranceCompany,LibertyMutual insuranceCompany.andWestAmericaninsuranceCompany whichresolutionsarenow infullforceand effectreadingastoliows:

ARTICLElV—OFFICERS:Section12.PowerotAttcrney.

Any officerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingby theChairmanorthePresident,and subjecttosuchlimitationas theChairmanorthe Presidentmay prescribe,shallappointsuchattorneys-in-fact,as may be necessarytoactinbehalfoftheCorporationtomake,execute,seal.acknowledgeanddeitveras surety anyandallundertakings,bonds,recognizaneesand othersuretyobligationsSuchattorneys~in~tact,subiecttothelimitationssetforthintheirrespectivepowersofattorney,shall havefullpowertobindtheCorporationby theirsignatureand executionofany such instrumentsand toattachtheretothesealoftheCorporation.When so executed,such instrumentsshallbe as bindingas itsignedby thePresidentand attestedtoby theSecretary.Any powerorauthoritygrantedtoany representativeorattomey~in~factunderthe provisionsofthisarticlemay berevokedatanytimebytheBoard,theChairman,thePresidentorbytheofficerorotficersgrantingsuchpowerorauthority.

ARTICLE Xlll— ExecutionofContracts:Section5.SuretyBondsandUndertakings.

AnyofficeroftheCompanyauthorizedforthatpurposeinwritingbythechairmanorthepresident,andsubjecttosuchtimitationsasthechairmanorthepresidentmay prescribe, shaltappuinlsuchattomeys~ln-fac1,as may be necessarytoactinbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliveras suretyanyandallundertakings. bonds.recognizanoesandothersuretyobligations.Suchattorney5<in~tactsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe Company by theirsignatureand executionofany suchinstrumentsandtoattachtheretothesealoftheCompany.When so executedsuchinstrumentsshailbe as bindingas it signedbythepresidentandattestedby thesecretary.

CertificateofDesignation—The PresidentoftheCompany,actingpursuanttotheBylawsoftheCompany,authorizesDavidM‘ Carey.AssistantSecretarytoappointsuchattorneys-in- factas may be necessarytoacton behalfoftheCompany tomake,execute,seal.acknowledgeand deliverassuretyanyand situndertakings,bonds.recognizancesandothersurety obligations.

Authorization— By unanimousconsentoftheCompanys BoardofDirectors,theCompany consentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupon a certifiedcopyofanypowerofattorneyissuedbytheCompany inconnectionwithsurelybonds.shallbe validand bindingupontheCompany with thesameforceandeffectasthoughmanuallyaffixed.

I,ReneeC.Llewellyn,theundersigned,AssistantSecretary,The OhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericanInsuranceCompany do herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full.trueandcorrectcopyofthePowerofAttorneyexecutedby saidCompanies,isinfullforceandeffectand hasnotbeenrevoked.

INTESTIMONY WHEREOF, Ihave hereuntosetmy hand and affixedthesealsofsaidCompanies this 10TH day of DECEMBER , 2021 By:@WReneeC.Llewellyn,AssistantSecretary

LMS-12873 LMIC OCIC WAIC MultlCD 02/21
For
bond
and/or
Power
of
Attorney
(POA)
verification
inquiries,
please
call
610—832—8240
or
emai
HOSUR@Iibertymutual_com.

55 of 339
BOND NO. 024256613

PREMIUM INCLUDED IN PERFORMANCE BOND

PAYMENT BOND
WHEREAS, the City Council of the City of National City,by Resolution No. 2022— ___.: on the 18thday of Januam, 2022‘ has awarded Eagle Paving Company, Inc., hereinafter designated as the "Principal",the NATiONAL CITY BOULEVARD BIKEWAY PROJECT, CIP NO. 19-18
WHEREAS, saldPrincipalisrequiredby Chapter 5 (commencing at Section3225) and Chapter7 (commencing atSection3247),Title15,Part4,Division3 ofthe California CivilCode to furnisha band inconnectionwith saidcontract; NOW, THEREFORE, we, the Principaland THE OHIOCASUALTYINSURANCECOMPANY assurety,are heldand firmlybound unto the CityofNationalCity,hereinaftercalledthe ”City",in the penal sum of Six Hundred FiftyThousand, Seven Hundred Sixty 1113650360301 dollarsiawful money of the United States,for the payment of which sum well and trulyto be made, we bind ourselves,our heirs,executors, administrators and successors,jointlyand severally,firmlyby these presents

THE CONDITION OF THIS OBLIGATION i5SUCH thatifsaidPrincipal,his/heror its subcontractors, heirs,executors, administrators,successors,or assigns,shallfailto pay any of the persons named inSection3181 of the CaliforniaCivilCode. or amounts due under the Unemployment InsuranceCode with respectto work or laberperformed by any such claimant,orforany amounts requiredto be deducted,withheld,and paidover to the Franchlse Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respectto such work and laborthe Surety willpay for the same in an amount not exceeding the sum hereinafterspecified,and also,incase suitisbrought upon thisbond, 3 reasonable attorney'sfee,to be fixedby the Court.

This Bond shallinureto the benefitof any of the persons named inSection 3181 of the CaliforniaCivilCode, 50 as to givea rightof actionto such persons or theirassignsin any suitbrought upon thisbond.
56 of 339
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligationof thisbond by any change, extension of time for performance, addition,alterationor modification in,to, or of any contract, plans, specifications,or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertainingor relatingto the furnishingof labor, materials,or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertainingor relatingto any scheme or work of improvement hereinabove described, nor by any rescissionor attempted rescissionof the contract, agreement or bond, nor by any conditions precedent or subsequent inthe bond attempting to limitthe rightof recovery of claimants otherwise entitledto recover under any such contractor agreement or under the bond, nor by any fraud practicedby any person other than the claimant seeking to recover on the bond and that thisbond be construed most stronglyagainstthe Surety and in favor of all persons forwhose benefitsuch bond isgiven,and under no circumstancesshallSurety be released from liabilityto those forwhose benefitsuch bond has been given,by reason of any breach of contractbetween the owner of PublicEntityand originalcontractoror on the part of any obligesnamed insuch bond, but the soleconditionsof recovery shallbe that claimant isa person described in Section 3110 or 3112 of the CaliforniaCivilCode, and has not been paid the fullamount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition,alterationor modification herein mentioned.
iN WITNESS WHEREOF three identicalcounterparts ofthis instrument,each of which shall for allpurposes be deemed an originalthereof, have been duly executed by the Principal

and Surety above named, on the 10TH day of DECEMBER , 20 21 THE OHIO CASUALTY EAGLE PAVING COMPANY, INC.

INSURANCECOMPANY (SEAL) DBA T o ENGINEERING (SEAL)

AM M(SEAU (SEAL)
MARK D.IATAROLA,A'I'I'ORNEY—IN»FACT(SEAL) JOELBATULE,PRESIDENT (SEAL) Surety Principal
57 of 339
ATTORNEY-INuFACT ACKNOWLEDGEMENT OF SURETY

STATE OF )
)ss
COUNTY OF __)
On this day of , 20 _J 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-factof the

,the corporationnamed as Surety
in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and hisown name as attorney-in-fact.

NOTE: Signature of those executing for NOTE: The Attorney-in-factmust attach a Surety must be properly certifiedcopy of the Power of
acknowledged. Attorney.

Signature:

Name (Typeor Print);
(NotaryPublicinand forsaidCounty and State)

My Commission expires:

ATTACH ALL BONDS

58 of 339
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189

A notarypublicorotherofficercompletingthiscertificateverifiesonlytheidentityoftheindividualwho signedthedocument towhich thiscertificateisattached,and notthetruthfulness,accuracy,orvalidityofthatdocument.

State of California
County of SAN DIEGO
On 12/10/2021 before me, TRACY LYNN RODRIGUEZ, NOTARY PUBLIC Date Here InsertName and Titleof the Officer
personally appeared MARK D. IATAROLA
Name(s) of Sign er(s}

who proved to me on the basis of satisfactoryevidence to be the person(s) whose nameée) is/eFe—subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in his/hef-lihek authorized capacityfies),and that by his/hen‘theirsignature(5)on the instrument the person(s),or the entity upon behalf of which the person(s) acted, executed the instrument. [certifyunder PENALTY OF PERJURY under the
‘“ ‘ U laws of the State of Californiathat the foregoing SAN DiEGO COUNTY paragraph istrue and correct.
'NOTARYPUBLlC-CALIFORNIAZ WITNESS my hand and officialseal.MY COMMISSION EXPIRES "‘H JANUARY11,2024 E

Signature
Place Notary Seal and/or Stamp Above

OPTIONAL
Completing thisinformation can deter alterationof the document or fraudulent reattachment of thisform to an unintended document.

Description of Attached Document
Titleor Type of Document:

DocumentDate: NumberofPages:

Signer(s)Other Than Named Above:

Capacityfies) Claimed by Signer(s)
Signer'sName: MARK 0- |ATAROLA Signer'sName:

ElCorporate Officer — Titie(s): ElCorporate Officer — Titie(s):

El Partner— El Limited D General B Partner— E! Limited [1 General I] Individual E Attorney in Fact IIIindividual D Attorney in Fact I:ITrustee El Guardianof Conservator El Trustee Ci GuardianofConservator El Other: CI Other:

Signer isRepresenting: __ Signer isRepresenting:

©2017 National Notary Association
59 of 339
ThisPower ofAttorneylimitstheactsatthosenamed herein,and theyhaveno authorityto bindtheCompany exceptInthemanner and totheextenthereinstated.

berty LibertyMutual Insurance Company
Mutual. The Ohio Casualty Insurance Company CertificateN0: 82051114124100 — West American Insurance Company
SURETY

POWER OF ATTORNEY
KNOWN ALL PERSONS BY THESE PRESENTS: ThatThe OhioCasualtyInsuranceCompany Isa corporationdulyorganizedunderthelawsoftheStateofNew Hampshire.that LibertyMutualInsuranceCompanyisa corporationdulyorganizedunderthelaweoitheStateofMassachusetts,andWestAmericanInsuranceCompanyIsa corporationdulyorganized underthelawsoftheStateofIndiana(hereincollectivelycalledthe"Companies"),pursuanttoandbyauthorityhereinsetforth,doesherebyname,constituteandappoint,I-Ielen Maloney; John G. Maleney; Mark D. Iatarola'Sandra Figueroa;Tracy Holmes',’1'racyLynn Rodriguez

allofthecityof Escondido stateof CA eachindividuallyittherebemorethanonenamed,itstrueandlawfulattorney-in-tacttomake, execute,seal,acknowledgeanddeliver.forandon itsbehalfassurelyand asitsactanddeed,anyandallundertakings,bonds,recognizancesandothersuretyobligations,inpursuance ofthesepresentsand shallbe as bindingupon theCompaniesas ittheyhavebeen dulysignedby thepresidentand attestedby thesecretaryoftheCompaniesintheirown proper persons
1NWITNESS WHEREOF, thisPowerofAttorneyhasbeensubscribedby an authorizedofficerorofficialoftheCompaniesand thecorporatesealsoftheCompanieshavebeenaffixed theretothis 29th dayof March , 2021 .

Not
valid
for
mortgage,
note,
loan,
letter
of
credit,
currency
rate,
interest
rate
or
residual
value
guarantees.

LibertyMutualinsuranceCompany
The OhioCasualtyInsuranceCompany
WestAmericanInsuranceCompany
W/é

DavidM. Carey,AssistantSecretary
StateofPENNSYLVANIA 55
CountyofMONTGOMERV
On this 29th dayof March , 2021 beforeme personallyappearedDavidM. Carey,who acknowledgedhimselftobe theAssistantSecretaryofLibertyMutualInsurance Company,The OhioCasualtyCompany‘and West Amen’canInsuranceCompany,andthathe,as such,beingauthorizedso todo,executetheforegoinginstrumenttorthepurposes thereincontainedbysigningonbehall0fthecorporatiunsbyhlmselfasa dulyauthorizedofficer. lNWITNESS WHEREOF, Ihavehereuntosubscribedmy name andaffixedmy notarialsealatKingofPrussia.Pennsylvania,on thedayandyearfirstabovewritten.

CommonwealthoiPshnsylvanla-NotarySealTeresaPaslella‘NotaryPublic MontgomeryCounty W /MycommissionexpiresMarch20,2025 By: MAL)Commissionnumber1126044 .

Msmhar‘PennsylvaniaAswclntinnoiNntarles TeresaPastella,NOWY PUbllO

ThisPowerofAttorneyismade and executedpursuanttoand by authorityofthefollowingBy-lawsandAuthorizationsatThe OhioCasualtyInsuranceCompany,LibertyMutual InsuranceCompany,andWestAmertcanInsuranceCompanywhichresolulionsarenowinfulllorceandelfectreadingasfollows:

ARTICLE IV—OFFICERS:Section12.PowerotAttorney,
Any offioerorotherofficialoftheCorporationauthorizedforthatpurposeinwritingby theChairmanorthePresident,and subjecttosuch limitationas theChairmanorthe Presidentmay prescribe,shallappointsuchattorneys-in-fact,as may be necessarytoactinbehalfoftheCorporationtomake,execute,seal,acknowledgeand deliveras surety anyand allundertakings,bonds,recognizancesandothersuretyobligationsSuch attorneys-in-tact,subjecttothellmltalionssetforthintheirrespectivepowersofattorney.shall havefullpewertobindtheCorporationby theirsignatureandexecutionofanysuchinstrumentsandtoattachtheretothesealoftheCorporation,When so executed,such instrumentsshallbe asbindingas itsignedby thePresidentandattestedtobytheSecretary.Any powerorauthoritygrantedtoanyrepresentativeorattorney—in-lactunderthe prow'slonsofthisarticlemay berevokedatanytimebytheBoard,theChairman,thePresidentorbytheofficerorofficersgrantingsuchpowerorauthority.

ARTICLEXlll— ExecutionofContracts:Section5.SuretyBondsandUndertakings.

AnyoffloeroftheCompanyauthorizedforthatpurposeInwritingbythechairmanorthepresident,andsubjecttosuchlimitationsasthechairmanorthepresidentmay prescribe, shallappointsuchattorneys—in—tact,as may be necessarytoactinbehalfoftheCompanytomake,execute,seal,acknowledgeanddeliverassuretyanyandallundertakings, bonds,recognizancesandothersuretyobligations,Such atlorneys-ln-tactsubjecttothelimitationssetforthintheirrespectivepowersofattorney,shallhavefullpowertobindthe Company by theirsignatureand executionofany suchinstrumentsand toattachtheretothesealoftheCompany.When so executedsuchinstrumentsshallbe as bindingas it signedbythepresidentandattestedbyIhesecretary.

CertificateoiDesignation— The PresidentoftheCompany,aclingpursuanttotheBylawsoftheCompany,authorizesDavidM. Carey,AssistantSecretarytoappolhtsuchattorneys~ln~ factas may be necessarytoacton behalfoftheCompany tomake,execute,seal,acknowledgeand deliveras suretyanyand allundertakings,bonds,recognizancesandothersurety obligations.

Authorization— By unanimousconsentoftheCompany'sBoardofDirectors,theCompany consentsthatfacsimileormechanicallyreproducedsignatureofanyassistantsecretaryofthe Company,whereverappearingupona certifiedcopyofanypowerofattorneyissuedbytheCompanyinconnectionwithsuretybonds,shallbevalidandbindingupontheCompanywith thesame forceandeflectasthoughmanuallyaffixed.
1,ReneeC.Llewellyn.theundersigned,AssistantSecretary,The OhioCasualtyInsuranceCompany,LibertyMutualInsuranceCompany,andWestAmericaninsuranceCompanydo herebycertifythattheoriginalpowerofattorneyofwhichtheforegoingisa full,trueandcorrectcopyofthePowerofAttorneyexecutedbysaidCompanies.isinlulltomeandeffectand hasnotbeenrevoked.
lNTESTIMONY WHEREOF, lhavehereuntosetmy handandaffixedthesealsofsaidCompaniesthis 10TH dayat DECEMBER , 2021

Renee C. Llewellyn,AssistantSecretary

LMS~12873 LMIC OCIC WAlC MulllCo 02121

Loom.
ficationinquiries,
(POA)
veri
HOSUR@libertymutuat
For
bond
and/or
Power
of
Attorne
please
call
610—832—8240
or
emar

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA 1) AWARDING A CONTRACT TO EAGLE PAVING COMPANY, INC. IN THE NOT -TO-EXCEED AMOUNT OF $650,760.00 FOR THE NATIONAL CITY BOULEVARD BIKEWAY PROJECT, CIP NO. 19 -18; 2) AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $97,614.00 FOR ANY UNFORESEEN CHANGES; AND 3) AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT

WHEREAS, on May 15, 2018, the City Council adopted Resolution No. 2018 -70 authorizing the filing of eleven (11) grant applications through the San Diego Associations of Governments’ (“SANDAG”) Active Transportation Grant Program ( “ATGP”) and Smart Growth Incentive Program (“SGIP”); and

WHEREAS, the National City Boulevard Bikeway Project (“Project”) was included as one of the grant applications; and

WHEREAS, the National City Boulevard Bikeway Project will provide nearly 0.2 miles of enhanced (“buffered”) bike lanes along 33rd St reet from Hoover Avenue to National City Boulevard and will include traffic calming features, decreased lane widths, bike/pedestrian improvements at freeway on/off ramps, bike boxes, lighting, and pedestrian safety enhancement; and

WHEREAS, t he P roject will implement nearly 0.4 miles of Class ll fac ilities along National City Boulevard from 33rd Street to C Street at the southern city limit with City of Chula Vista; and

WHEREAS, on December 6, 2018, SANDAG authorized the City of National City (“City”) to proceed with the design and construction phase for the Project in the total amount of $395,001.00 that will include a $1,000.00 local match; and

WHEREAS, on October 26, 2021, the City posted the bid solicitation on PlanetBids, a free public electronic bidding system for contractors, and on October 29, 2021, and November 1, 2021, the City advertised in local newspapers; and

WHEREAS, on November 16, 2021, nine (9) bids were received by the 1:00 p.m. deadline for the Project; and
WHEREAS, LC Paving & Sealing Inc. was the apparent lowest bidder with a total bid amount of $607,357.52, however, upon review of the bid documents submitted, LC Paving & Sealing Inc. failed to submit all required bid documents before the bid opening as required by the Construction Specifications Instruction to Bidders and 2-1.3 Award of Contract; and

WHEREAS, on November 29, 2021, LC Paving & Sealing Inc. was notified about this irregularity that resulted in their bid being deemed non-responsive; and

WHEREAS, City staff reviewed the bid documents submitted by the second lowest bidder, Eagle Paving Company, Inc . and upon review of all documents submitted, Eagle Paving Company, Inc.’s bid was deemed responsive and lowest responsible bidder qualified to perform the work as described in the project specifications; and

///
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Resolution No. 2022 –
Page Two

WHEREAS, City staff recommends awarding a contract to Eagle Paving Company, Inc., in the amount not to exceed $650,760.00; and
WHEREAS, City staff requests City Council authorize the Mayor to execute the contract with Eagle Paving Company, Inc., for the Project; and WHEREAS, City staff further requests City Council to authorize a 15% contingency amount up to $97,614.00 for any unforeseen conditions that may arise during the Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Awards the National City Boulevard Bikeway Project, CIP No. 19-18, to the lowest responsive, responsible bidder, to wit:

EAGLE PAVING COMPANY, INC.

Section 2: Authorizes the Mayor to execute a contract with Eagle Paving Company, Inc., for $650,760.00 for the National City Boulevard Bikeway Project, CIP No. 19-

18. Section 3: Authorizes a 15% contingency in the amount of up to $97,614.00 for any unforeseen changes.

Section 4: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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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, California: 1) rescinding Resolution No. 2021-191; 2) authorizing the filing of a Proposition 68 Per Capita Program application for the Kimball Park Playground Improvements Project in the amount of $216,033; 3) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 4) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the Per Capita Program for the Kimball Park Playground Improvements Project.(Engineering/Public Works)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
AGENDA ITEM NO. MEETING DATE: January 18, 2022
ITEM TITLE:

Resolution of the City Council of the City of National City, 1) rescinding Resolution No. 2021-191; 2) authorizing the filing of a Proposition 68 Per Capita Program application for the Kimball Park Playground Improvements Project in the amount of $216,033; 3) authorizing the City Manager or designee to execute the grant agreement if selected for funding; and 4) if selected for funding, approving the establishment of an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of eligible project expenditures through the Per Capita Program for the Kimball Park Playground Improvements Project. at PREPARED BY: Jose Lopez, Deputy City Engineer DEPARTMENT: Engineering/Public Works PHONE: 619-336-4312 APPROVED BY: �
EXP LAN AT 10 N:

See attached.

FINANCIAL STATEMENT:

ACCOUNT NO.

Rev. 296-*
Exp. 296-409-500-598-*
ENVIRONMENTAL REVIEW:

CEQA Notice of Exemption will be recorded with the County Clerk.

APPROVED:

APPROVED:

ORDINANCE: INTRODUCTION: D FINAL ADOPTION: D
STAFF RECOMMENDATION:

Adopt the Resolution.

BOARD / COMMISSION RECOMMENDATION:

N/A
ATTACHMENTS:

1. Explanation

2. Resolution No. 2021-191

3. Resolution
---------
Finance
MIS
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Explanation
On December 7, 2021, CityCouncil adopted Resolution 2021-191 authorizingthe filingof a Proposition 68 Per Capita Grant Application for the El Toyon Park Playground Improvements project in the amount of $216,033. An alternante resolutiontemplate was used thatdid not includenecessary provisionsspecificto the Per Capita Grant Program. As such, staffrecommends rescindingResolution No. 2021-191 to update the template.

Additionally,on December 8, 2021, staffwas notifiedthatthe Cityof NationalCity was awarded a Proposition 68 Statewide Park Development and Community Revitalization(SPP) Grant for El Toyon Park Project in the amount of $5,632,571. (On March 2, 2021, City Council adopted Resolution 2021-14 authorizingthe filingof a Proposition68 SPP applicationfor the El Toyon Park Project in the amount of $5,632,571.) Through the awarded SPP grant, the El Toyon Park playground willstillbe replaced.As a resultof receivingthe SPP grant, the Per Capita Grant funds can now be directed to the Kimball Park playground.

Staff is requesting authorizationto filea Proposition 68 Per Capita Program applicationforthe Kimbail Park Playground Improvements Projectinthe amount of $216,033 ($177,952 in Per Capita funds plus $38,081 in Urban Counties Per Capita funds).There isno localmatch required.

The Per Capita Program funds are availablefor local park rehabilitation, creation,and improvement grants to local governments on a per capitabasis.

Grant recipients are encouraged to utilizeawards to rehabilitateexisting infrastructureand to address deficiencies in neighborhoods tackingaccess to the outdoors (PublicResource Code (PRC) §80061(a)).Additionai funds are availablefor Per Capita grants to citiesand districtsin urbanized counties (a county with apopulation of 500,000 or more) providingpark and recreation services withinjurisdictionsof 200,000 or less in population. An entity eligible to receivefunds under this subdivisionshall also be eligibleto receive funds available under the General Per Capita Program (PRC §80061(b)). National Cityiseligibleto receivefunds from both programs.

The Kimball Park playground equipment has surpassed itsusefullifeof ten years and is in need of replacement. Staff recommends proceeding with the replacement of the approximately fifteenyear old playground equipment at Kimball Park as itis an excellentexample of the type of projectthe Per Capita Program isaimed at addressing. Additionally,staffhas identifiedthe Kimball Park playground replacement as a prioritythrough our ongoing needs assessments.

The proposed project will remove and dispose of the existing playground equipment and wood mulch at Kimbail Park and installa new piaystructure,a teetertunnel,a unitydome, swings, and new surfacing.
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Council Resolution authorizing filingof the grant application is required.

Additionally,CityCouncil delegates the authorityto the CityManager or designee to conduct allnegotiations,sign and submit alldocuments, including,but not limitedto applications,agreements, amendments, and payment requests,which may be necessary forthe completion of the Grant Scope. Ifselected forfunding, City Council approves the establishment of an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of eligibleproject expenditures through the Per Capita Program forthe Kimball Park Playground Improvements Project.The resolutiontemplate has been updated to includeallnecessary provisions.
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RESOLUTION NO. 2021 - 191
RESOLUTION OF THE CiTY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1) AUTHORIZING FILING OF A PROPOSITION 68 PER CAPITA

PROGRAM APPLICATION FOR THE EL TOYON PARK PLAYGROUND
IMPROVEMENTS PROJECT FOR $216,033;2)AUTHORIZING THE CITY MANAGER

OR DESIGNEE TO EXECUTE THE GRANT AGREEMENT IF SELECTED FOR FUNDING; AND 3) IF SELECTED FOR FUNDING, APPROVING THE
ESTABLISHMENT OF AN ENGINEERING GRANTS FUND APPROPRIATION 0F $216,033 AND CORRESPONDING REVENUE BUDGET TO ALLOW FOR

REIMBURSEMENT OF ELIGIBLE PROJECT EXPENDITURES THROUGH THE PER

CAPITA PROGRAM '
WHEREAS, the Proposition68 Per Capita Program funds are availableforlocal park rehabilitation,creation,and improvement grantsto localgovernments on a per capita basis;and
WHEREAS, Grant recipientsare encouraged to utilizeawards to rehabilitate existinginfrastructureand to address deficienciesinneighborhoods lackingaccess to the outdoors(PublicResource Code (PRC) §80061(a));and
WHEREAS, Additionalfunds are availablefor Per Capita grants to citiesand districtsinurbanized counties(a county witha populationof 500.000 or more) providing park and recreationserviceswithinjurisdictionsof 200,000 or lessinpopulation;and WHEREAS, the Cityof NationalCity(“City")iseligibleto receivefunds from both programs; and
WHEREAS, the City’sEl Toyon Park playground equipment has surpassed its usefullifeof ten years and needs replacement as City Public Works staffcontinues to remove components thatare no longerserviceable;and
WHEREAS, City staffrecommends proceeding with replacingthe approximately twenty (20)year old playground equipment at El Toyon Park as itisan excellentexample of the type of projectthe Per Capita Program isaimed at addressing; and WHEREAS, the proposed project will remove and dispose of the existing playground equipment and wood mulch at ElToyon Park and installa new playstructure, a teetertunnel,a unitydome, swings, and new surfacing;and WHEREAS, Citystaffisrequestingauthorizationtofilea Proposition68 PerCapita Program applicationfor the El Toyon Park Playground improvements Project for $216,033 ($177,952 in Per Capitafunds plus$38,081 in Urban Counties Per Capita funds)withno localmatch required;and
WHEREAS, City staffrecommends that ifthe City is selected for funding,City Council furtherauthorizethe CityManager or designee to execute the grant agreement; and
Ill
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Resolution No. 2021 — 191
Page Two
WHEREAS, City staffrecommends that ifthe Clty is selected for funding,City Council approve establishingan EngineeringGrants Fund appropriationof $216,033 and corresponding revenue budget to allowforreimbursement ofeligibleprojectexpenditures through the per capitaprogram

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section1: Authorize the fillngof a Proposition 68 Per Capita Program applicationforthe El Toyon Park Playground Improvements Projectfor$216,033.

Section 2: Authorize the City Manager or designee to execute the grant agreement ifselectedforfunding.

Section 3: Approved establishingan Engineering Grants Fund Appropriationof $216,033 and corresponding revenue budget to allow for reimbursement of ellgible projectexpenditures through the Per Capita Program forthe El Toyon Park Playground Improvements Project ifselected.

Section 4: The City Clerk shall certifythe passage and adoption of this Resolutionand enter itintothe book of originalResolutions.

PASSED and ADOPTED this7th day of December, 202 .

AlejandraSotelo-é’olis,Mayor
ATTEST:

Luz Molina,aty Clerk
APPROVED AS TO FORM:

Charles E. BellJr.,City

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Resolution Form
Resolution Number: ( )
RESOLUTION OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION NO. 2021-191 AND APPROVING THE APPLICATION FOR PER CAPITA GRANT FUNDS WHEREAS, on December 7, 2021, the CityCouncil of the Cityof NationalCity adopted Resolution No. 2021-191 authorizingthe filingof a Proposition68 Per Capita Program Applicationforthe El Toyon Park Playground Improvements Projectfor $216,033; and
WHEREAS, itisnecessary to rescind Resolution No. 2021—191 to include the correct resolutiontemplate; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibilityby the Legislatureof the Stateof Californiaforthe administrationofthe Per Capita Grant Program, settingup necessaw procedures governing application(s); and
WHEREAS, said procedures establishedby the State Department of Parks and Recreation requirethe grantee’s Governing Body to certifyby resolutionthe approval of projectapplication(s)before submission of said applicationsto the State;and WHEREAS, the grantee willenter intoa contract(s)with the State of Californiato complete project(s);
NOW, THEREFORE, BE IT RESOLVED thatthe Cityof NationalCityhereby:

1. Approves the filingof projectapplication(s)forPer Capita program grant project(s);and

2. Certifiesthat said grantee has or willhave available,priorto commencement of projectwork utilizingPer Capita funding,sufficientfunds to complete the project(s);and

3. Certifiesthat the grantee has or willhave sufficientfunds to operate and maintain the project(s),and ‘

4. Certifiesthatallprojectsproposed willbe consistentwith the park and recreation element of the General Plan (PRC §80063(a)), and

5. Certifiesthat these funds willbe used to supplement, not supplant, local revenuesinexistenceas ofJune 5,2018 (PRC §80062(d)),and

6. Certifiesthatitwillcomply with the provisionsof §1771 .5 of the State Labor Code, and

7. (PRC §80001(b)(8)(A—G)) To the extent practicable,as identifiedinthe “PresidentialMemorandum--Promoting Diversityand InclusioninOur National Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the Cityof NationalCity]willconsider a range of actionsthatinclude,but are not limitedto,the following:
(A) Conducting activeoutreach to diverse populations,particularlyminority,low— income, and disabled populations and tribalcommunities, to increase awareness 69 of 339
withinthose communities and the publicgenerallyabout specificprograms and opportunities.
(B) Mentoring new environmental, outdoor recreation,and conservation leaders to increase diverse representation across these areas.
(C) Creating new partnershipswith state,local,tribal,private,and nonprofit organizationsto expand access fordiverse populations.
(D) Identifyingand implementing improvements to existingprograms to increase visitationand access by diverse populations,particularlyminority,low-income, and disabled populationsand tribalcommunities.
(E) Expanding the use of multilingualand culturallyappropriatematerialsin publiccommunications and educationalstrategies,includingthrough social media strategies,as appropriate,thattargetdiverse populations. (F)Developing or expanding coordinated effortsto promote youth engagement and empowerment, includingfosteringnew partnershipswith diversity-serving and youth—servingorganizations,urban areas, and programs. (G) Identifyingpossible staffliaisonsto diverse populations.

8. Agrees that to the extent practicable,the project(s)willprovide workforce education and training,contractorand job opportunitiesfordisadvantaged communities (PRC §80001(b)(5)).

9. Certifiesthatthe grantee shallnot reduce the amount offunding otherwise availableto be spent on parks or other projectseligibleforfunds under this divisioninitsjurisdiction.A one—time allocationof other funding thathas been expended forparks or other projects,but which isnot availableon an ongoing basis,shallnot be considered when calculatinga recipient’sannual expenditures.(PRC §80062(d)).

10. Certifiesthat the grantee has reviewed, understands, and agrees to the General Provisions contained inthe contract shown inthe Procedural Guide; and

11. Delegates the authorityto the Citymanager, or designee to conduct all negotiations,sign and submit alldocuments, including,but not limitedto applications,agreements, amendments, and payment requests,which may be necessary forthe completion of the grant scope(s);and

12. Agrees to comply with allapplicablefederal,stateand locallaws, ordinances, rules,regulations and guidelines.

Approved and adopted the day of ,20
l,the undersigned, hereby certifythatthe foregoing Resolution Number was duly adopted by the ( )followinga rollcallvote:

Ayes:

Noes:

Absent:
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, RESCINDING RESOLUTION NO. 2021 -191, AUTHORIZING THE REFILING OF AN UPDATED RESOLUTION FOR THE CITY’S PROPOSITION 68 PER

CAPITA PROGRAM APPLICATION AND APPROVING THE APPLICATION FOR PER

CAPITA GRANT FUNDS

WHEREAS, on December 7, 2021, the City Council of the City of National City adopted Resolution No. 2021 -191 authorizing the filing of a Proposition 68 Per Capita Program Application for the El Toy on Park Playground Improvements Project for $216,033; and

WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Per Capita Grant Program, setting up necessary procedures governing application(s); and

WHEREAS, the State Department of Parks and Recreation ’s procedures require the grantee’s Governing Body to certify by resolution the approval of project application(s) before submission of said applications to the State; and

WHEREAS, the Statement Department of Parks and Recreation’s procedures further set forth the language that the Governing Body must include in its resolution of approval; and

WHEREAS, it is necessary to rescind Resolution No. 2021 -191 and authorize the refiling of an updated resolution which includes the requisite resolution language; and

WHEREAS, City staff recommends City Council approve rescinding Resolution No. 2021-191 and authorize refiling an updated resolution which includes the requisite resolution language.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1. Approves rescinding Resolution No. 2021-191 and authorizes the refiling of an updated resolution for the City’s project application(s) for the Per Capita program grant project(s).

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Resolution No. 2022 –
Page Two

Section 2. Certifies that said grantee has or will have available before commencement of project work utilizing Per Capita funding sufficient funds to complete the project(s).

Section 3. Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s).

Section 4. Certifies that all projec ts proposed will be consistent with the park and recreation element of the General Plan (PRC §80063(a)).

Section 5. Certifies that these funds will be used to supplement, not supplant, local revenues in existence as of June 5, 2018 (PRC §80062(d)).

Section 6. Certifies that it will comply with the provisions of §1771.5 of the State Labor Code, and

Section 7. (PRC §80001(b)(8)(A -G)) To the extent practicable, as identified in the “Presidential Memorandum --Promoting Diversity and Inclusion in Our Nation al Parks, National Forests, and Other Public Lands and Waters,” dated January 12, 2017, the City of National City] will consider a range of actions that include, but are not limited to, the following:

(A) Conducting active outreach to diverse populations, particularly minority, low - income, and disabled populations and tribal communities, to increase awareness within those communities and the public generally about specific programs and opportunities.

(B) Mentoring new environmental, outdoor recreation, and conservation leaders to increase diverse representation across these areas.

(C) Creating new partnerships with state, local, tribal, private, and nonprofit organizations to expand access for diverse populations.

(D) Identifying and implementing impro vements to existing programs to increase visitation and access by diverse populations, particularly minority, low-income, and disabled populations and tribal communities.

///
72 of 339
Resolution No. 2022 –
Page Three

(E) Expanding the use of multilingual and culturally appropriate materials in public communications and educational strategies, including through social media strategies, as appropriate, that target diverse populations.

(F) Developing or expanding coordinated efforts to promote youth engagement and empowerment, including fostering new partnerships with diversity-serving and youth-serving organizations, urban areas, and programs.

(G) Identifying possible staff liaisons to diverse populations.

Section 8. Agrees that to the extent practicable, the project(s) will provide workforce education and training, contractor and job opportunities for disadvantaged communities (PRC §80001(b)(5)).

Section 9. Certifies that the grantee shall not reduce the amount of funding otherwise available to be spent on parks or other projects eligible for funds under this division in its jurisdiction. A one-time allocation of additional funding that has been expended for parks or other projects but which is not available on an ongoing basis shall not be considered when calculating a recipient’s annual expenditures. (PRC §80062(d)).

Section 10. Certifies that the grantee has reviewed, understands, and agrees to the General Provisions in the contract shown in the Procedural Guide.

Section 11. Delegates the authority to the City manager or designee to conduct all negotiations, sign, and submit all documents, including but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope(s).

Section 12 . Agrees to comply with all applicable federal, state , and local laws, ordinances, rules, regulations, and guidelines.

Section 13. The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///
73 of 339
Resolution No. 2022 –
Page Four

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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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, California, authorizing participation in the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents. (City Attorney)
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: 1/18/2022 AGENDA ITEM NO.‘

ITEM TITLE:

Resolution of the City Council of the City of National City,California,authorizingparticipationin the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents.

PREPARED BY: CharlesE.Bell,Jr.,CityAttorney DEPARTMENT: CityAttorey PHONE: 4222 APPROVED BY:

EXPLANATION:

Two major nationalcases have been underway seeking to hold various partiesresponsibleforthe role prescription drugs have played in the opioid crisis. These two cases involve McKesson, AmerisourceBergen, Cardinal Health (Distributors)and Johnson & Johnson (Janssen).A NationalOpioid Settlement has been reached inboth cases inwhich the Distributorswillfund settlementof approximately $21 Billionand Janssen approximately$5 Million.

On December 21, 2021, City Council approved a resolutionauthorizingthe City Attorney to execute necessary documents for the City to resigsterand receive additional information for the City’s considerationinparticipatinginthe NationalOpioid Settlement. On December 22, 2021, the CityAttorney registeredthe Cityand the Cityreceived additionalinformationconcerning the NationalOpioid Settlement.

The additional information included two (2) Settlement ParticipationForms and two (2) Proposed CaliforniaState-SubdivisionAgreements regarding Settlement Fund Distribution.

CityAttorney now requests authorizationto execute the ParticipationForms and Agreements.

FINANCIAL STATEMENT: APPROVED: Finance
ACCOUNT N0. APPROVED: MIS
ENVIRONMENTAL REVIEW:

This actiondoes not constitutea projectunder CaliforniaEnvironmental QualityAct (CEQA) Guidelines Section 15378(b)(2).

ORDINANCE: INTRODUCTION: FINALADOPTION: t

W-
Adopt Resolution authorizingthe City of National City’sparticipationin the National Opioid Settlement and Authorizingthe CityAttorney to execute the necessary participationdocuments.

BOARD ICOMMISSION RECOMMENDATION:

ATTACHMENTS:
. Settlement ParticipationForms and Proposed CaliforniaState-SubdivisionAgreements regarding Settlement Fund Distribution
. Resolution

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1 Settlement Participation Form
Governmental Entity: National City city State: CA
Authorized Signatory: /officialname/
Address 1: /address1/
Address 2: /address2/
City, State, Zip: /cit/ /state/ /zi/ Phone: /Phone/
Email: /email/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Distributor Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Distributor Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Distributor Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Distributor Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed.

3. The Governmental Entity agrees to the terms of the Distributor Settlement pertaining to Subdivisions as defined therein.

4. By agreeing to the terms of the Distributor Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Distributor Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Distributor Settlement.

7. The Governmental Entity has the right to enforce the Distributor Settlement as provided therein.
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2 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Distributor Settlement, including but not limited to all provisions of Part XI, and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority.

As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Distributor Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Distributor Settlement shall be a complete bar to any Released Claim.

9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Distributor Settlement.

10. In connection with the releases provided for in the Distributor Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Distributor Settlement.

11. Nothing herein is intended to modify in any way the terms of the Distributor Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Distributor Settlement in any respect, the Distributor Settlement controls.
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3 I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1/
Name: /name_1/
Title: /title_1/
Date: /date_1/
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1 Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Distributor Settlement 1. Introduction Pursuant to the Distributor Settlement Agreement, dated as of July 21, 2021, and any revision thereto (the “Distributor Settlement Agreement”), including Section V and Exhibit O, the State of California proposes this agreement (the “CA Distributor Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Distributor Settlement Agreement.1 For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections IX or X of the Distributor Settlement Agreement. Pursuant to Exhibit O, Paragraph 4, of the Distributor Settlement Agreement, acceptance of this CA Distributor Allocation Agreement is a requirement to be an Initial Participating Subdivision. 2. Definitions a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Distributor Settlement Agreement. b) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto. c) Litigating Special District means a school district, fire protection district, health authority, health plan, or other special district that has filed a lawsuit against an Opioid Defendant. Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, and LA Care Health Plan. d) Plaintiff Subdivision means a Subdivision located in California, other than a Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. 1 A parallel but separate agreement (the “CA Janssen Allocation Agreement”) will govern the allocation, distribution, and use of settlement fund payments under the Janssen Settlement Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement or the Janssen Settlement, or in both. 80 of 339
2 e) Opioid Defendant means any defendant (including but not limited to Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020. 3. General Terms This agreement is subject to the requirements of the Distributor Settlement Agreement, as well as applicable law, and the Distributor Settlement Agreement governs over any inconsistent provision of this CA Distributor Allocation Agreement. Terms used in this CA Distributor Allocation Agreement have the same meaning as in the Distributor Settlement Agreement unless otherwise defined herein. Pursuant to Section V(D)(1) of the Distributor Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section V(B)(2) of the Distributor Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation. 4. State Allocation The Settlement Fund payments to California,2 pursuant to the Distributor Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Distributor Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). A. State of California Allocation Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation. B. CA Abatement Accounts Fund i. Allocation of CA Abatement Accounts Funds a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be 2 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 81 of 339
3 allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds. b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Distributor Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight). d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Distributor Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions. e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision. f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2. 82 of 339
4 ii. Use of CA Abatement Accounts Funds a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Distributor Settlement Agreement. b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities: (1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; (4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Distributor Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated. 83 of 339
5 iii. CA Abatement Accounts Fund Oversight a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement. b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Distributor Settlement Agreement or this CA Distributor Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame. d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Distributor Settlement Agreement or this CA Distributor Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement. e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions. C. CA Subdivision Fund i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Distributor Settlement Agreement and this CA Distributor Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2. 84 of 339
6 The CA Subdivision Funds will be allocated as follows: a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document; b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant. D. Provision for State Back-Stop Agreement On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Distributor Settlement Agreement and, if applicable, the Janssen Settlement Agreement. A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(R), of the Distributor Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Distributor Settlement, and if applicable, the Janssen Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Distributor Settlement Agreement and, if applicable, the Janssen Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments. To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney 85 of 339
7 General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms. For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General. 5. State and Subdivision Reporting a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site. b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Distributor Settlement Agreement and this CA Distributor Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions. c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Distributor Settlement Agreement and this CA Distributor Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Distributor Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and the Distributors. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions. 86 of 339
8 6. Miscellaneous a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Distributor Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa. b) Except as provided in the Distributor Settlement Agreement, this CA Distributor Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party. c) Except as provided in the CA Distributor Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Distributor Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 87 of 339
The undersigned, National City city, ACKNOWLEDGES acceptance of this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Distributor Settlement is a requirement to be an Initial Participating Subdivision in the Distributor Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Distributor Settlement.

I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1/
Name: /name_1/
Title: /title_1/
Date: /date_1/
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1 Settlement Participation Form
Governmental Entity: National City city State: CA
Authorized Signatory: /officialname/
Address 1: /address1/
Address 2: /address2/
City, State, Zip: /cit/ /state/ /zi/ Phone: /Phone/
Email: /email/
The governmental entity identified above (“Governmental Entity”), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated July 21, 2021 (“Janssen Settlement”), and acting through the undersigned authorized official, hereby elects to participate in the Janssen Settlement, release all Released Claims against all Released Entities, and agrees as follows.

1. The Governmental Entity is aware of and has reviewed the Janssen Settlement, understands that all terms in this Election and Release have the meanings defined therein, and agrees that by this Election, the Governmental Entity elects to participate in the Janssen Settlement and become a Participating Subdivision as provided therein.

2. The Governmental Entity shall, within 14 days of the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed.

3. The Governmental Entity agrees to the terms of the Janssen Settlement pertaining to Subdivisions as defined therein.

4. By agreeing to the terms of the Janssen Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date.

5. The Governmental Entity agrees to use any monies it receives through the Janssen Settlement solely for the purposes provided therein.

6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity’s state where the Consent Judgment is filed for purposes limited to that court’s role as provided in, and for resolving disputes to the extent provided in, the Janssen Settlement.

7. The Governmental Entity has the right to enforce the Janssen Settlement as provided therein.
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2 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Janssen Settlement, including but not limited to all provisions of Section IV (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Janssen Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Janssen Settlement shall be a complete bar to any Released Claim.

9. In connection with the releases provided for in the Janssen Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads:

General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.

A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities’ decision to participate in the Janssen Settlement.

10. Nothing herein is intended to modify in any way the terms of the Janssen Settlement, to which Governmental Entity hereby agrees. To the extent this Election and Release is interpreted differently from the Janssen Settlement in any respect, the Janssen Settlement controls.
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3 I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1/
Name: /name_1/
Title: /title_1/
Date: /date_1/
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1 Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds – Janssen Settlement 1. Introduction Pursuant to the Janssen Settlement Agreement, dated as of July 21, 2021, and any revision thereto (the “Janssen Settlement Agreement”), including Section VI and Exhibit O, the State of California proposes this agreement (the “CA Janssen Allocation Agreement”) to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections V and VI of the Janssen Settlement Agreement.1 For the avoidance of doubt, this agreement does not apply to payments made pursuant to Sections X or XI of the Janssen Settlement Agreement. Pursuant to Exhibit O, Paragraph 4, of the Janssen Settlement Agreement, acceptance of this CA Janssen Allocation Agreement is a requirement to be an Initial Participating Subdivision. 2. Definitions a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Janssen Settlement Agreement. b) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto. c) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, and LA Care Health Plan. d) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. e) Opioid Defendant means any defendant (including but not limited to Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., 1 A parallel but separate agreement (the “CA Distributor Allocation Agreement”) will govern the allocation, distribution, and use of settlement fund payments under the Distributor Settlement Agreement. An eligible Subdivision may elect to participate in either the Distributor Settlement or the Janssen Settlement, or in both. 92 of 339
2 AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020. 3. General Terms This agreement is subject to the requirements of the Janssen Settlement Agreement, as well as applicable law, and the Janssen Settlement Agreement governs over any inconsistent provision of this CA Janssen Allocation Agreement. Terms used in this CA Janssen Allocation Agreement have the same meaning as in the Janssen Settlement Agreement unless otherwise defined herein. Pursuant to Section VI(D)(1) of the Janssen Settlement Agreement, (a) all Settlement Fund payments will be used for Opioid Remediation, except as allowed by Section VI(B)(2) of the Janssen Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation. 4. State Allocation The Settlement Fund payments to California,2 pursuant to the Janssen Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Janssen Allocation Agreement, and 15% of that total shall be allocated to the State of California (the “State of California Allocation”), 70% to the California Abatement Accounts Fund (“CA Abatement Accounts Fund”), and 15% to the California Subdivision Fund (“CA Subdivision Fund”). A. State of California Allocation Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Opioid Remediation. B. CA Abatement Accounts Fund i. Allocation of CA Abatement Accounts Funds a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA 2 For purposes of clarity, use of the term “California” refers to the geographic territory of California and the state and its local governments therein. The term “State” or “State of California” refers to the State of California as a governmental unit. 93 of 339
3 Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix 1 in the column entitled abatement percentage (the “Local Allocation”). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds. b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Janssen Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city has not advised the Settlement Fund Administrator that it requests direct payment at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county’s share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight). d) A city within a county that is a CA Participating Subdivision may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Janssen Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Eureka will be deemed to have elected direct payment if they become Participating Subdivisions. e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivision. f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Janssen Settlement Agreement and this CA Janssen Allocation Agreement shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2. 94 of 339
4 ii. Use of CA Abatement Accounts Funds a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more of the areas described in the List of Opioid Remediation Uses, which is Exhibit E to the Janssen Settlement Agreement. b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities: (1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder (“SUD”) treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; (4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non-sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or (5) interventions to prevent drug addiction in vulnerable youth. c) The California Department of Health Care Services (“DHCS”) may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Janssen Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Janssen Settlement Agreement and this CA Janssen Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated. 95 of 339
5 iii. CA Abatement Accounts Fund Oversight a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Janssen Settlement Agreement and this CA Janssen Allocation Agreement. b) If DHCS determines that a CA Participating Subdivision’s use of CA Abatement Accounts Funds is inconsistent with the Janssen Settlement Agreement or this CA Janssen Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. c) If the parties are unable to reach a resolution, DHCS may conduct an audit of the Subdivision’s use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and confer time frame. d) If the concern still cannot be resolved, the State may bring a motion or action in the court where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Janssen Settlement Agreement or this CA Janssen Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this agreement. e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions. C. CA Subdivision Fund i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any limits imposed by the Janssen Settlement Agreement and this CA Janssen Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid-related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2. 96 of 339
6 The CA Subdivision Funds will be allocated as follows: a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master’s reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document; b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50% of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opioid Defendant. D. Provision for State Back-Stop Agreement On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) (“MDL Fees Order”) in the National Prescription Opiate Litigation (MDL No. 2804) “cap[ping] all applicable contingent fee agreements at 15%.” Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Janssen Settlement Agreement and, if applicable, the Distributor Settlement Agreement. A Plaintiff Subdivision may separately agree to use its share of the CA Subdivision Fund to pay for fees or costs incurred by its contingency-fee counsel (“State Back-Stop Agreement”), pursuant to Exhibit R, section I(R), of the Janssen Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Janssen Settlement, and if applicable, the Distributor Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back-Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back-Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Janssen Settlement Agreement and, if applicable, the Distributor Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments. To effectuate a State Back-Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney 97 of 339
7 General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms. For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request or enter into a State Back-Stop Agreement, and no State Back-Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including without limitation the Attorney General. 5. State and Subdivision Reporting a) DHCS will prepare an annual written report regarding the State’s use of funds from the settlement until those funds are fully expended and for one year thereafter. These reports will be made publicly available on the DHCS web site. b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until those funds are fully expended and for one year thereafter. These reports will also include a certification that all funds that the CA Participating Subdivision has received through the settlement have been used in compliance with the Janssen Settlement Agreement and this CA Janssen Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the form of the report DHCS will confer with representatives of the Plaintiff Subdivisions. c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions’ expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. d) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Janssen Settlement Agreement and this CA Janssen Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and how such funds were used, including if used to pay attorneys’ fees, investigation costs, or litigation costs. Pursuant to Section VI(B)(2) of the Janssen Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Janssen. e) In each year in which DHCS prepares an annual report DHCS will also host a meeting to discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions. 98 of 339
8 6. Miscellaneous a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Janssen Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa. b) Except as provided in the Janssen Settlement Agreement, this CA Janssen Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party. c) Except as provided in the CA Janssen Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Janssen Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. 99 of 339
The undersigned, National City city, ACKNOWLEDGES acceptance of this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen Settlement is a requirement to be an Initial Participating Subdivision in the Janssen Settlement and ACCEPTS this Proposed California State-Subdivision Agreement Regarding Distribution and Use of Settlement Funds - Janssen Settlement.

I swear under penalty of perjury that I have all necessary power and authorization to execute this Election and Release on behalf of the Governmental Entity.

Signature: /signer_1/
Name: /name_1/
Title: /title_1/
Date: /date_1/
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NAT IONAL CITY,

CALIFORNIA, AUTHORIZING REGISTERING IN THE NATIONAL OPIOID

SETTLEMENT AND AUTHORIZING THE CITY ATTORNEY TO EXECUTE THE

NECESSARY PARTICIPATION DOCUMENTS

WHEREAS, two major national cases have been underway seeking to hold various parties responsible for the role prescription drugs have played in the opioid crisis; and

WHEREAS, these two cases involve McKesson, AmerisourceBergen, Cardinal Health (“Distributors”) and Johnson & Johnson (“Janssen”); and

WHEREAS, a National Opioid Settlement has been reached in both cases in which the Distributors will fund settlement of approximately $21 Billion and Janssen approximately $5 Million; and

WHEREAS, the City of National City desires to participate in the National Opioid Settlement upon the terms and conditions set forth in the Distributor s Settlement Agreement, the Janssen Settlement Agreement, and the California S tate-Subdivision Agreements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes the City of National City’s participation in the National Opioid Settlement upon the terms and conditions set forth in the Distributors Settlement Agreement, the Janssen Settlement Agreement, and the California State -Subdivision Agreements.

Section 2: Authorizes the City Attorney to execute all necessary document and take all actions necessary for the City of National City ’s participation in the National Opioid Settlement.

Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///

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Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor
ATTEST:

Luz Molina, City Clerk
APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney

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The following page(s) contain the backup material for Agenda Item: Warrant Register #19 for the period of 11/06/21 through 11/11/21 in the amount of $1,083,482.23. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 19
Ratify Warrants Totaling $1,083,482.23
This is not a project and, therefore, not subject to environmental review.

Warrant total $1,083,482.23.

Per Government Section Code 37208, below are the payments issued for period 11/06/21 - 11/11/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/ Wire Amount Explanation City of San Diego 355458 105,001.10 Fire & Emergency Medical Dispatch Eagle Paving Company 355467 637,089.12 CIP19-12 Sweetwater r d Safety Enh Project Professionals Corp 355484 137,208.76 CIP19-12 Sweetwa ter rd Safety Enh 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #19 for the period of 11/06/21 through 11/11/21 in the amount of $1,083,482.23. (Finance)
January 18, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
AEP CALIFORNIA LLC PARTS / PW 355443 11/11/21 4,966.62 BUTLER THERAPY INC. THERAPY / PD 355444 11/11/21 1,200.00 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/AP/CBAUTISTA - WK ENDING 10312 355445 11/11/21 3,853.30 RELATIONSHIPS AT WORK, INC. MEDIATION SERVICES 355446 11/11/21 2,7 00.00 WOODRUFF, SPRADLIN & SMART APC GENERAL MGR MONTHLY INVOICE - NOV 2021 355447 11/11/21 2,750.00 ACE UNIFORMS & ACCESSORIES INC FP62MN CORRECT MN NAVY PANTS FY22 / FIRE 355448 11/11/21 744.76 ADAMOS TRAINING REIM FOR TYLER NEW WORLD CA 355449 11/11/21 192.20 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - NOVEMBER 35 5450 11/11/21 1,002.40 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 355451 11/11/21 3,3 89.05 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 355452 11/11/21 254.96 ANDERSON TRAINING HUMAN TRAFFICKING 355453 11/11/21 761.32 BEHAVIOR ANALYSIS TRAINING INC TUITION FOR BASTIDA AND MORRISON 3 55454 11/11/21 1,150.00 C A P F NOVEMBER 2021 - FIRE LTD 355455 11/11/21 1,091.50 CALIFORNIA LAW ENFORCEMENT NOVEMBER 2021 - PD LTD 355456 11/11/21 2,156.00 CHEN RYAN ASSOCIATES INC SWEETWATER ROAD - ENG/PW 355457 11/11/21 8,170.40 CITY OF SAN DIEGO FIRE&EMERGENCY MEDICAL DISPATCH, FY22-1S 355458 11/11/21 105,001.10 COLANTUONO HIGHSMITH REF: AFFORDABLE HOUSING COALITION 355459 11 /11/21 782.00 COUNTY OF SAN DIEGO PARKING CITATION REVENUE / SEPTEMBER 2021 355 460 11/11/21 9,714.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355461 11/11/21 3,3 91.44 DELTA DENTAL NOVEMBER 2021 / GRP #05-0908600000 355462 11/11/21 14 ,549.43 DELTA DENTAL NOVEMBER 2021 - GRP #05-0908601002 355463 11/11/21 13 4.71 DELTA DENTAL INSURANCE CO NOVEMBER 2021/GRP #05-7029600000 355464 11/11/21 2,442.66 DELTA DENTAL INSURANCE CO NOVEMBER 2021 / GRP #05-7029600002 3554 65 11/11/21 106.26 DEVANEY PATE MORRIS & CAMERON LEGAL SERVICES- BALANCE PLAN EIR, COVID 355466 11/11/21 1,850.00 EAGLE PAVING COMPANY INC CIP 19-12 SWEETWATER RD SAFETY ENHANCEM NT 355467 11/11/21 637,089.12 EXOS COMMUNITY SERVICES LLC OCTOBER EXOS PROFESSIONAL FEES 355468 11/11/21 27,389.65 GATES PLANNING STRATEGIES CONSULTANT TO PROVIDE LAND USE 355469 11/11/21 19,800.00 GIL TRAINING REIM FOR POST SUPERVISORY COURSE 355470 11/11/21 62.3 0 GOVCONNECTION INC APPLE IPAD 10.2 128GB, WI-FI+CELLULAR 355471 1 1/11/21 10,878.06 HDL COREN & CONE CONTRACT SVCS PROPERTY TAX: JULY THRU SE 355472 11/11/21 3,030.49 HDL COREN & CONE 2020-21 ACFR STATISTICAL PACKAGE 355473 11/11/21 695.00 INNOVATIVE CONSTRUCTION CIP 19-19 ROOSEVELT SMART GROWTH - ENG/P W 355474 11/11/21 21,886.00 KEYSER MARSTON ASSOCIATES INC CONSULTING SERVICES / HOUSING 35547 5 11/11/21 409.38 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER~ 355476 11/11/21 295.00 MC CLURE JR TRAINING POST ADV SUB FTO 355477 11/11/21 780.00 MOHAMMED CITATION REFUNDS - SEPTEMBER 2021 355478 11/11/21 60.00 MUNISERVICES ACFR - DIRECT & OVERLAPPING DEBT REPORT 355479 11/11 /21 600.00 NERI LANDSCAPE ARCHITECTURE PARADISE CREEK PARK EXTENSION 355480 11/11/21 5,932.50 NOWDOCS INTERNATIONAL INC W2 FORMS & ENVELOPES AND 1099 MISC ENV EL 355481 11/11/21 242.73 OFFICE SOLUTIONS BUSINESS OFFICE SUPPLIES FOR SECTION 8 355482 11 /11/21 464.22 PROFESSIONAL SEARCH GROUP LLC OFFICE TEMPORARY WORK / PW 355483 11/11/21 12,200.84 PROJECT PROFESSIONALS CORP CIP 19-12 SWEETWATER RD SAFETY ENHANC EMNT 355484 11/11/21 137,208.76 PRUDENTIAL OVERALL SUPPLY UNIFORM CLEANING SERVICE AS NEEDED 3554 85 11/11/21 274.18 RAMOS CITATION REFUNDS - SEPTEMBER 2021 355486 11/11/21 80.00 RELIANCE STANDARD NOV 2021/ GRP VAI826233; VCI801146 & VG1 355487 11/11/21 3,891.13 RIO HONDO COLLEGE TRAINING TUITION FTO MCCLR 355488 11/11/21 89.00 SAN DIEGO GAS & ELECTRIC UTILITIES / NUTRITION 355489 11/11/21 2,9 01.63 WARRANT REGISTER # 19
11/11/2021
1/2
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 19
11/11/2021
SAN DIEGO UNION TRIBUNE SD UNION TRIBUNE HUD CAPER PUBLIC NOTICE 355490 11/11/21 669.32 SASI REF #119369 355491 11/11/21 298.00
SASI REF #119278 355492 11/11/21 41.50
SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 355493 11/11/21 4,3 86.13 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 3554 94 11/11/21 1,698.77 SEVIDAL CITATION REFUNDS - SEPTEMBER 2021 355495 11/11/21 20.00 SMART & FINAL MOP NUTRITION CENTER FOOD SUPPLIES 355496 11/11/21 5 2.22 SOSA REIM FOR BACKGROUND REVIEW 355497 11/11/21 1,531.25 SPRINGER TRAINING REIM FOR SHERMAN BLOCK, SLI - PD 355498 11/11/2 1 194.77 STAPLES BUSINESS ADVANTAGE MOP NUTRITION CENTER OFFICE SUPPLIES 3 55499 11/11/21 253.43 SULLIVAN TRAINING REIM FOR LOS ANGELES POLICE DEP 355500 11/11/21 167.13 SYSCO SAN DIEGO INC NUTRITION CENTER KITCHEN SUPPLIES 355501 11/1 1/21 289.39 U S BANK US BANK OCTOBER STATEMENT CASA DE SALUD 355502 11/11/21 2 ,057.98 VIORA EDUCATION REIMBURSEMENT 355503 11/11/21 1,012.99 VISION SERVICE PLAN NOVEMBER 2021 - VISION SERVICE PLAN (CA) 3555 04 11/11/21 901.87 VISION SERVICE PLAN OCTOBER 2021 - VISION SERVICE PLAN (CA) 35550 5 11/11/21 898.39 WALTERS TRAINING REIM FOR SHERMAN BLOCK SLI-SESS 355506 11/11/21 2 54.71 WSP USA INC FOCUSED GENERAL PLAN UPDATE 355507 11/11/21 10,140.28 A/P Total 1,083,482.23
GRAND TOTAL 1,083,482.23$
2/2
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The following page(s) contain the backup material for Agenda Item: Warrant Register #20 for the period of 11/12/21 through 11/18/21 in the amount of $1,777,949.98. (Finance) Please scroll down to view the backup material.
107 of 339

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 20
Ratify Warrants Totaling $1,777,949.98
This is not a project and, therefore, not subject to environmental review.

Warrant total $1,777,949.98.

Per Government Section Code 37208, below are the payments issued for period 11/12/21 - 11/18/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/ Wire Amount Explanation Azteca Systems LLC 355515 57,200.00 Cityworks Annual License Renewal Mile of Cars Association 355553 64,463.27 FY21 Mile of Cars/Lightning Maint 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #20 for the period of 11/12/21 through 11/18/21 in the amount of $1,777,949.98. (Finance)
January 18, 2022
108 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ABT TRUCKING CITATION REFUNDS - OCTOBER 2021 355508 11/18/21 50.00 ALDEMCO FOOD / NUTRITION CENTER 355509 11/18/21 1,453.62 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 355510 11/18/21 1,704.7 7 ALLSTATE SECURITY SERVICES INC SECURITY SERVICES FY22/LIBRARY 355 511 11/18/21 2,499.94 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 355512 11/18/21 2,128. 97 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 355513 11/18/21 53.72 AUTO SALES DEHESA CITATION REFUNDS - OCTOBER 2021 355514 11/18/21 60.00 AZTECA SYSTEMS LLC CITYWORKS ANNUAL LICENSING RENEWAL 355515 11/1 8/21 57,200.00 BAJA PARTS & EQUIPMENT INC FRONT BLADE~ 355516 11/18/21 1,340.58 BAKER & TAYLOR BOOKS FOR FY22/LIBRARY 355518 11/18/21 8,138.63 CANEDO RETIREE HEALTH BENEFIT - NOVEMBER 355519 11/18/21 620.00 CDWG FI-7600 FUJITSU SCANNER~ 355520 11/18/21 4,709.85 CENTRICITY GIS, LLC CITYWORKS PLL/AMS IMPLEMENTATION 355521 11/18 /21 22,000.00 CERVANTES MORALES CITATION REFUNDS - OCTOBER 2021 355522 11/18/21 80.00 CITY OF SAN DIEGO TRANSPORTATION – TREATMENT FEES FY 2022 355523 11/18/21 9,654.00 CLF WAREHOUSE INC TURBOCHARGER NEW 355524 11/18/21 1,880.09 COAST INDUSTRIAL SYSTEMS INC SUPPLIES FOR STREETS DIVISION 35552 5 11/18/21 483.98 CODDINGTON LOCK AND SECURITY CITYWIDE ON-SITE ELECTRONIC DOOR, L OCK 355526 11/18/21 616.12 COLIN CITATION REFUNDS - OCTOBER 2021 355527 11/18/21 20.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 35 5528 11/18/21 1,715.75 COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 355529 11/18/21 10,143.42 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 355530 11/18/ 21 408.21 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355531 11/18/21 1,2 90.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355532 11/18/21 1,2 90.00 DEPARTMENT OF TOXIC SUBSTANCES TOXIC SUBSTANCES CONTROL FEES FOR PW YARD 355533 11/18/21 197.39 DEPASCALE REIM FOR POST SUPERVISORY COURSE 355534 11/18/21 267.97 DISCOUNT SPECIALTY CHEMICALS LIQUID LIVE ENZYME 355535 11/18/21 45 6.34 D-MAX ENGINEERING INC T&A 90544 - UHAUL OF SD CIVIC CETNER DR 35 5536 11/18/21 2,043.00 ENNIS FLINT INC TRAFFIC PAINT 355537 11/18/21 6,253.40 ENTERPRISE FLEET MANAGEMENT ENTERPRISE FLEET LEASE - ENG/PW 35553 8 11/18/21 15,595.10 FEDEX FEDEX EXPRESS SERVICES 355539 11/18/21 20.87
GASCA PEREZ CITATION REFUNDS - OCTOBER 2021 355540 11/18/21 35.00 GRAINGER BUILDING SUPPLIES AND EQUIPMENT FY 22 355541 11/18/21 3,0 43.19 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDI NG 355542 11/18/21 117.45 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING, 355543 11/18/ 21 1,625.00 KREISBERG LAW FIRM LEGAL SERVICES - OCTOBER INVOICE 355544 11/18/ 21 4,000.00 KRONOS INC KRONOS ANNUAL MAINTENANCE AND LICENSING 355545 11/18/2 1 13,180.57 LASER SAVER INC PRINTER CONSUMABLES 355546 11/18/21 1,155.85 LEKOS ELECTRIC INC. CIP 19-14 E. 4TH ST PROTECTED LEFT TURN 35554 7 11/18/21 5,296.71 LIEBERT CASSIDY WHITMORE WEBINAR - COVID19 VACCINATION/TESTING 355548 11/18/21 100.00 MASON'S SAW MOP 45729 EQUIPMENT SUPPLIES AND REPAIR 355549 11/18 /21 394.91 MCI AUTO REPAIR NEW COMPRESSOR ACC 355550 11/18/21 1,365.29 METEAU JR GFOA - BUDGETING BEST PRACTICES 355551 11/18/21 410.00 MIDWEST TAPE AUDIO MATERIALS FOR FY22/LIBRARY 355552 11/18/21 438. 94 MILE OF CARS ASSOCIATION FY21 MILE OF CARS/LIGHTNING MAINT DIST 355553 11/18/21 64,463.27 MODERN OFFICE CONFERENCE TABLE AND CHAIRS 355554 11/18/21 9,995.00 NAPA AUTO PARTS MOP 45735 AUTO SUPPLIES-PW 355555 11/18/21 35.32 WARRANT REGISTER # 20
11/18/2021
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 20
11/18/2021
PACIFIC AUTO REPAIR SMOG CERTIFICATION / REPAIRS FOR CITY 355556 11/18/21 150.00 PACIFIC STATES PETROLEUM INC HYDRAULIC OIL, ENGINE OIL 355557 11/ 18/21 909.70 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES-PW 355558 11/18 /21 569.24 PENSKE FORD R&M CITY VEHICLES FY 2022 355559 11/18/21 324.43 POWERSTRIDE BATTERY CO INC AUTO BATTERIES TO REPLENISH STOCK 3555 60 11/18/21 568.06 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES-PW 355561 11/18/21 2, 768.06 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/FINANCE/CATHERINE BAUTIS TA/WK 355562 11/18/21 4,008.92 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES-PW 355563 11 /18/21 1,108.17 RED WING BUSINESS SAFETY BOOTS AS NEEDED FOR FY22 STREETS 355564 11/18/21 250.00 SBCS CORPORATION CARES ACT CDBG-CV AGREEMENT 355565 11/18/21 3,40 4.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 355566 11/18/21 4,2 87.03 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y22 355567 11/18/21 2,238.77 SHRED-IT SHREDDING SERVICE / PD 355568 11/18/21 2,141.83 SMART & FINAL MOP NUTRITION CENTER PARADISE CREEK 355569 11/18/21 82.82 SNAP-ON INDUSTRIAL TIRE PRESSURE MONITORING SYSTEM. 355570 11/18/ 21 1,356.76 SOLANA CENTER RSWA - SB 1383 COMPLIANCE SUPPORT SVC 355571 11/18 /21 10,197.50 SOUTHERN CALIF TRUCK STOP MOP 45758 GENERAL AUTO SUPPLIES-PW 3555 72 11/18/21 100.17 STAPLES BUSINESS ADVANTAGE MOP# 45704. OFFICE SUPPLIES / FINANCE 355573 11/18/21 12,064.57 STC TRAFFIC PALM AVENUE SURVEY M. 355574 11/18/21 5,297.09 SUPERIOR READY MIX ASPHALT, TACK 3/8 SHEET FOR FY 2022 355575 11/ 18/21 1,114.51 SWAGIT PRODUCTION LLC SWAGIT WEBCAST FY22 355576 11/18/21 1,920.83 SWEETWATER AUTHORITY WATER BILL FOR FACILITIES FY 2022 355577 11/ 18/21 3,215.42 SYSCO SAN DIEGO INC FOR FOOD AS NEEDED FOR NUTRITION CENTER 35557 8 11/18/21 2,617.05 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES-PW 355579 11/18/2 1 491.01 TAN CITATION REFUNDS - OCTOBER 2021 355580 11/18/21 35.00 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES AS NEEDED 35 5581 11/18/21 150.00 THE BANK OF NEW YORK MELLON TRUSTEE FEE: PERIOD 11/03/21 THRU 1 1/02 355582 11/18/21 1,650.00 TITAN EMPIRE INC PERSONNEL MATTER 355583 11/18/21 11,427.50 U S BANK CREDIT CARD EXPENSES / MIS 355584 11/18/21 7,284.15 U S BANK CREDIT CARD EXPENSES / PD 355585 11/18/21 2,646.86 U S BANK CREDIT CARD EXPENSES / PD TRINING 355586 11/18/21 824.00 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2022 35558 7 11/18/21 806.06 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES-PW 3555 88 11/18/21 1,443.03 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 355589 11/18/ 21 10,153.47 VULCAN MATERIALS COMPANY ASPHALT, TACK, 3/8 SHEET FY 22 355590 11 /18/21 180.63 WEST COAST ARBORISTS ONGOING TREE TRIMMING SERVICE AS NEEDED 3555 91 11/18/21 25,780.00 WESTFLEX INDUSTRIAL MOP 63850 GENERAL SUPPLIES-PW 355592 11/18/21 443.11 WHITE CAP CONSTRUCTION SUPPLY PAINTING SUPPLIES / PW 355593 11/18 /21 82.66 WILLY'S ELECTRONIC SUPPLY ELECTRONIC ACCESSORIES 355594 11/18/21 2 00.60 A/P Total 384,325.23

WIRED PAYMENTS
PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - NOVEMB E 309166 11/12/21 569.55

PAYROLL
Pay period Start Date End Date Check Date
22 10/19/2021 11/1/2021 11/10/2021 1,393,055.20
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 20
11/18/2021
GRAND TOTAL 1,777,949.98 $
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The following page(s) contain the backup material for Agenda Item: Warrant Register #21 for the period of 11/19/21 through 11/25/21 in the amount of $694,609.53. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 21
Ratify Warrants Totaling $694,609.53
This is not a project and, therefore, not subject to environmental review.

Warrant total $694,609.53.

Per Government Section Code 37208, below are the payments issued for period 11/19/21 - 11/25/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation City of San Diego 355606 105,001.10 Fire & Emergency Medical Dispatch County of San Diego 355610 52,448.00 FY21-22 HIRT Membershi p ARJIS 355646 80,686.00 User Fees
Public Emp Ret System 112421 255,278.22 Svc Period 10/19/21 – 11/01/21 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #21 for the period of 11/19/21 through 11/25/21 in the amount of $694,609.53. (Finance)
January 18, 2022
113 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ACE UNIFORMS & ACCESSORIES INC UNIFORM SUPPLIES 355595 11/24/21 1, 966.49 ADMINSURE INC MONTHLY WORKER'S COMP SERVICES 355596 11/24/21 8,109 .00 AK & COMPANY 1ST INSTL PYMNT FY 2021-22/SB 90 355597 11/24/21 3,5 00.00 ALDEMCO FOOD / NUTRITION CENTER 355598 11/24/21 4,424.30 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 355599 11/24/21 1,832.0 5 ARJIS ARJIS PHONE USAGE 355600 11/24/21 4,269.50
AYDELOTTE OIS 10/8/21 CASE 2105700 355601 11/24/21 69.58 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL-PW 355602 11/24/21 732 .64 BOYER TRAINING ADV LDG CELLEBRITE 355603 11/24/21 915.40 BROWDER REIM FOR CALIFORNIA CLETS USER GROUP 355604 11/24/21 451. 65 CELLEBRITE INC TRAINING TUITION BOYER CELLBRIT 355605 11/24/21 3,8 50.00 CITY OF SAN DIEGO FIRE & EMERGENCY MEDICAL DISPATCH SVCS 355606 1 1/24/21 105,001.10 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 3 55607 11/24/21 475.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 35 5608 11/24/21 1,388.82 CORDOVA REIMBURSEMENT CORDOVA / NSD 355609 11/24/21 148.63 COUNTY OF SAN DIEGO FY21-22 (7/1/21-6/30/22) HIRT MEMBERSHIP 3556 10 11/24/21 52,448.00 CPOA CPOA FOR SWORN STAFF 355611 11/24/21 1,500.00
CRUZ EDUCATIONAL REIMBURSEMENT 355612 11/24/21 1,553.00 DEPT OF JUSTICE INVESTIGATIONS RESOURCE 355613 11/24/21 980.00 FIRE ETC FIRE SAFTY STATION BOOT/FOOTWEAR, FY22 355614 11/24/21 29 9.06 J GARDNER & ASSOCIATES LLC BADGE STICKERS 355615 11/24/21 1,159.25 KIMLEY HORN NTP FOR THE EVALUATION OF AFFORDABLE 355616 11/24/21 1,122.50 LASER SAVER INC MOP 04840 TONER PD 355617 11/24/21 184.77 LEFORT'S SMALL ENGINE REPAIR MOP 80702 LEFORTS / NSD 355618 11/24 /21 143.05 OFFICE SOLUTIONS BUSINESS MOP 25003 SUPPLIES PD 355619 11/24/21 5. 35 POLICE AND FIRE PSYCHOLOGY 4 RETURN TO DUTY EVALS 355620 11/24/21 1,400.00 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES-PW 355621 11/24/21 92 8.49 PROFESSIONAL SEARCH GROUP LLC OFFICE TEMPORARY SERVICE WEEK 3556 22 11/24/21 5,515.60 PRUDENTIAL OVERALL SUPPLY MOP FOR UNIFORM CLEANING SERVICE 35562 3 11/24/21 473.12 SAN DIEGO MIRAMAR COLLEGE TRAINING ROT TUITION 355624 11/24/21 115 .00 SAN DIEGO MIRAMAR COLLEGE TRAINING TUITION DEFN TCTS INST 355625 11/24/21 69.00 SAN DIEGO PET SUPPLY PD K9 PET SUPPLY ROCKO SCANLON 355626 11/24/ 21 307.27 SAN DIEGO POLICE EQUIPMENT AMMUNITION / PD 355627 11/24/21 13,294. 62 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 355628 11/24/21 34. 85 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 355629 11/24/21 945.3 7 SHARP REES STEALY MED GROUP PRE-EMPLOYMENT PHYSICAL 355630 11/24/ 21 479.00 SHRED-IT SHREDDING SERVICES / PD 355631 11/24/21 114.76 STAPLES BUSINESS ADVANTAGE MOP CASA DE SALUD RECREATION SUPPLIES 355632 11/24/21 1,655.14 STC TRAFFIC HSIP CITY PROTECT LEFT TURN - ENG/PW 355633 11/24/21 3 9,888.61 SWANK MOTION PICTURES INC RFW A KIMBALL HOLIDAY MOVIE LICENSING 3 55634 11/24/21 870.00 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2022 355635 11/24/21 111.09 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 355636 11/24/21 5,326. 66 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES 355637 11/2 4/21 3,381.00 THE COUNSELING TEAM PD EMPLY SUPPRT SRV TCTI 355638 11/24/21 800.0 0 U S BANK CREDIT CARD STATEMENT/ CMO 355640 11/24/21 3,524.92 U S BANK CREDIT CARD STATEMENT/ PD 355641 11/24/21 279.60 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 355642 11/24/21 322.68 WARRANT REGISTER # 21
11/25/2021
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 21
11/25/2021
ACE UNIFORMS & ACCESSORIES INC BOYER JACKET 355643 11/24/21 241.24 AMAZON CDBG CASA DE SALUD 50 PCS REUSABLE 355644 11/24/21 498.97 AMAZON OFFICE SUPPLIES FY22/LIBRARY 355645 11/24/21 188.56 ARJIS USER FEES 355646 11/24/21 80,686.00
BAKER & TAYLOR BOOKS FY22/LIBRARY 355647 11/24/21 2,677.37 CORODATA RECORDS RECORD STORAGE - RETRIEVAL 355648 11/24/21 60.92 COUNTY OF SAN DIEGO COUNTY MAIL SERVICES - SECTION 8 355649 11/24 /21 2,069.27 CYRACOM INTERNATIONAL, INC LANGUAGE LINE 355650 11/24/21 80.60 EXPERIAN CREDIT CHECKS 355651 11/24/21 57.10
LIBRARY PASS, INC COMICS PLUS RENEWAL FY22/LIBRARY 355652 11/24/2 1 2,250.00 MIDWEST TAPE AUDIO BOOK FY22/LIBRARY 355653 11/24/21 593.00 NATIONAL CITY HISTORICAL FOR REIMBURSEMENT CLAIM FY20-21 355654 1 1/24/21 8,745.42 OFFICE SOLUTIONS BUSINESS MOP 25003 SUPPLIES PD 355655 11/24/21 49 5.07 PALOMAR HEALTH SART EXAM 355656 11/24/21 1,350.00
PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES-PW 355657 11/24/21 36 2.64 PROFESSIONAL SEARCH GROUP LLC TEMPORARY SERVICES - CCO - W/E 09/ 05/21 355658 11/24/21 11,229.00 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES-PW 355659 11 /24/21 233.06 S D COUNTY SHERIFF'S DEPT CAL ID FY 22 355660 11/24/21 8,215.00 SIRSIDYNIX HORIZON ADD'TL PORT CONFIGURATION/LIBRARY 355661 11/24 /21 190.00 SMART SOURCE OF CALIFORNIA LLC MOP 24302 PRINTING PD 355662 11/24 /21 123.70 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES - CCO 355663 11/24/21 128.51 SYMBOLARTS, LLC BADGES / REFURBISH 355664 11/24/21 368.12 THE STAR NEWS VARIOUS LEGAL NOTICES - BCC VACANCY NOTICE 355665 1 1/24/21 986.55 TRANS-LANG INTERPRETER SERVICES - CC MTG 09/21/2021 355666 11/24/ 21 2,621.50 VCA EMERGENCY ANIMAL HOSPITAL STRAY ANIMAL VET CARE 355667 11/24/ 21 1,367.08 WEST PAYMENT CENTER INVESTIGATIVE SERVICES 355668 11/24/21 633.22 WILLY'S ELECTRONIC SUPPLY MOP 00351 SUPPLIES PD 355669 11/24/21 49 .26 WINNEY EMPLOYEE HALLOWEEN EVENT- LUMPIA 355670 11/24/21 61.99 A/P Total 402,929.07

WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM SVC PERIOD 10/19/2021-11/01/2021 112 421 11/24/21 255,278.22 SECTION 8 HAPS Start Date End Date
11/19/2021 11/24/2021 36,402.24
GRAND TOTAL 694,609.53$
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The following page(s) contain the backup material for Agenda Item: Warrant Register #22 for the period of 11/26/21 through 12/02/21 in the amount of $3,029,725.02. (Finance) Please scroll down to view the backup material.
116 of 339

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 22
Ratify Warrants Totaling $3,029,725.02
This is not a project and, therefore, not subject to environmental review.

Warrant total $3,029,725.02.

Per Government Section Code 37208, below are the payments issued for period 11/26/21 - 12/02/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation Bank of America 478743 130,686.46 2017 Energy Efficiency A B ond Pay Kaiser Foundation HP 489480 678,397.33 Group #104220 – Oct/No v 2021 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #22 for the period of 11/26/21 through 12/02/21 in the amount of $3,029,725.02. (Finance)
January 18, 2022
117 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ANDERSON RETIREE HEALTH BENEFITS - DEC 2021 355671 12/2/21 110.00 BEARD RETIREE HEALTH BENEFITS - DEC 2021 355672 12/2/21 70.00 BECK RETIREE HEALTH BENEFITS - DEC 2021 355673 12/2/21 140.00 BISHOP RETIREE HEALTH BENEFITS - DEC 2021 355674 12/2/21 110.00 BOEGLER RETIREE HEALTH BENEFITS - DEC 2021 355675 12/2/21 260.00 BULL RETIREE HEALTH BENEFITS - DEC 2021 355676 12/2/21 580.00 CAMEON RETIREE HEALTH BENEFITS - DEC 2021 355677 12/2/21 400.00 CANEDO RETIREE HEALTH BENEFITS - DEC 2021 355678 12/2/21 620.00 CARRILLO RETIREE HEALTH BENEFITS - DEC 2021 355679 12/2/21 290.00 COLE RETIREE HEALTH BENEFITS - DEC 2021 355680 12/2/21 165.00 COLLINSON RETIREE HEALTH BENEFITS - DEC 2021 355681 12/2/21 420.00 CONDON RETIREE HEALTH BENEFITS - DEC 2021 355682 12/2/21 280.00 CORDERO RETIREE HEALTH BENEFITS - DEC 2021 355683 12/2/21 520.00 DALLA RETIREE HEALTH BENEFITS - DEC 2021 355684 12/2/21 900.00 DANESHFAR RETIREE HEALTH BENEFITS - DEC 2021 355685 12/2/21 250.00 DEESE RETIREE HEALTH BENEFITS - DEC 2021 355686 12/2/21 660.00 DESROCHERS RETIREE HEALTH BENEFITS - DEC 2021 355687 12/2/21 110.0 0 DIAZ RETIREE HEALTH BENEFITS - DEC 2021 355688 12/2/21 680.00 DILLARD RETIREE HEALTH BENEFITS - DEC 2021 355689 12/2/21 480.00 DREDGE RETIREE HEALTH BENEFITS - DEC 2021 355690 12/2/21 250.00 DUONG RETIREE HEALTH BENEFITS - DEC 2021 355691 12/2/21 280.00 EISER III RETIREE HEALTH BENEFITS - DEC 2021 355692 12/2/21 250.00 ESPIRITU RETIREE HEALTH BENEFITS - DEC 2021 355693 12/2/21 620.00 ETZLER RETIREE HEALTH BENEFITS - DEC 2021 355694 12/2/21 460.00 FABINSKI RETIREE HEALTH BENEFITS - DEC 2021 355695 12/2/21 220.00 FERNANDEZ RETIREE HEALTH BENEFITS - DEC 2021 355696 12/2/21 270.00 FIFIELD RETIREE HEALTH BENEFITS - DEC 2021 355697 12/2/21 540.00 GAUT RETIREE HEALTH BENEFITS - DEC 2021 355698 12/2/21 700.00 GELSKEY RETIREE HEALTH BENEFITS - DEC 2021 355699 12/2/21 115.00 GIBBS JR RETIREE HEALTH BENEFITS - DEC 2021 355700 12/2/21 120.00 GONZALES RETIREE HEALTH BENEFITS - DEC 2021 355701 12/2/21 480.00 HANSON RETIREE HEALTH BENEFITS - DEC 2021 355702 12/2/21 135.00 HARLAN RETIREE HEALTH BENEFITS - DEC 2021 355703 12/2/21 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - DEC 2021 355704 12/2/21 500.00 HERNANDEZ RETIREE HEALTH BENEFITS - DEC 2021 355705 12/2/21 600.00 HERNANDEZ RETIREE HEALTH BENEFITS - DEC 2021 355706 12/2/21 400.00 HODGES RETIREE HEALTH BENEFITS - DEC 2021 355707 12/2/21 200.00 IBARRA RETIREE HEALTH BENEFITS - DEC 2021 355708 12/2/21 780.00 JONES RETIREE HEALTH BENEFITS - DEC 2021 355709 12/2/21 60.00 JONES RETIREE HEALTH BENEFITS - DEC 2021 355710 12/2/21 480.00 JUNIEL RETIREE HEALTH BENEFITS - DEC 2021 355711 12/2/21 50.00 KIMBLE RETIREE HEALTH BENEFITS - DEC 2021 355712 12/2/21 300.00 KLOS RETIREE HEALTH BENEFITS - DEC 2021 355713 12/2/21 480.00 LAFRENIERE RETIREE HEALTH BENEFITS - DEC 2021 355714 12/2/21 660.0 0 LEACH RETIREE HEALTH BENEFITS - DEC 2021 355715 12/2/21 600.00 LIMFUECO RETIREE HEALTH BENEFITS - DEC 2021 355716 12/2/21 160.00 MATIENZO RETIREE HEALTH BENEFITS - DEC 2021 355717 12/2/21 100.00 WARRANT REGISTER # 22
12/2/2021
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 22
12/2/2021
MCCABE RETIREE HEALTH BENEFITS - DEC 2021 355718 12/2/21 280.00 MCDANIEL RETIREE HEALTH BENEFITS - DEC 2021 355719 12/2/21 290.00 MEDINA RETIREE HEALTH BENEFITS - DEC 2021 355720 12/2/21 105.00 MEEKS RETIREE HEALTH BENEFITS - DEC 2021 355721 12/2/21 460.00 MENDOZA RETIREE HEALTH BENEFITS - DEC 2021 355722 12/2/21 290.00 MINER RETIREE HEALTH BENEFITS - DEC 2021 355723 12/2/21 580.00 MORRISON RETIREE HEALTH BENEFITS - DEC 2021 355724 12/2/21 520.00 NAGLE RETIREE HEALTH BENEFITS - DEC 2021 355725 12/2/21 460.00 NOTEWARE RETIREE HEALTH BENEFITS - DEC 2021 355726 12/2/21 120.00 OLIVARES RETIREE HEALTH BENEFITS - DEC 2021 355727 12/2/21 280.00 OLIVERIA RETIREE HEALTH BENEFITS - DEC 2021 355728 12/2/21 360.00 PAUU JR RETIREE HEALTH BENEFITS - DEC 2021 355729 12/2/21 340.00 PE RETIREE HEALTH BENEFITS - DEC 2021 355730 12/2/21 300.00 PEASE JR RETIREE HEALTH BENEFITS - DEC 2021 355731 12/2/21 140.00 PETERS RETIREE HEALTH BENEFITS - DEC 2021 355732 12/2/21 290.00 POST RETIREE HEALTH BENEFITS - DEC 2021 355733 12/2/21 280.00 RAY RETIREE HEALTH BENEFITS - DEC 2021 355734 12/2/21 190.00 ROARK RETIREE HEALTH BENEFITS - DEC 2021 355735 12/2/21 135.00 RODRIGUEZ RETIREE HEALTH BENEFITS - DEC 2021 355736 12/2/21 260.00 RUIZ RETIREE HEALTH BENEFITS - DEC 2021 355737 12/2/21 310.00 SAINZ RETIREE HEALTH BENEFITS - DEC 2021 355738 12/2/21 300.00 SANCHEZ RETIREE HEALTH BENEFITS - DEC 2021 355739 12/2/21 330.00 SERVATIUS RETIREE HEALTH BENEFITS - DEC 2021 355740 12/2/21 340.00 SHOEMAKER RETIREE HEALTH BENEFITS - DEC 2021 355741 12/2/21 480.00 SILVA RETIREE HEALTH BENEFITS - DEC 2021 355742 12/2/21 580.00 SMITH RETIREE HEALTH BENEFITS - DEC 2021 355743 12/2/21 320.00 SMITH RETIREE HEALTH BENEFITS - DEC 2021 355744 12/2/21 560.00 STEWART RETIREE HEALTH BENEFITS - DEC 2021 355745 12/2/21 200.00 TIPTON RETIREE HEALTH BENEFITS - DEC 2021 355746 12/2/21 250.00 VERRY RETIREE HEALTH BENEFITS - DEC 2021 355747 12/2/21 280.00 VILLAGOMEZ RETIREE HEALTH BENEFITS - DEC 2021 355748 12/2/21 480.0 0 VILLARIASA RETIREE HEALTH BENEFITS - DEC 2021 355749 12/2/21 480.0 0 WHITE RETIREE HEALTH BENEFITS - DEC 2021 355750 12/2/21 230.00 WILKINS RETIREE HEALTH BENEFITS - DEC 2021 355751 12/2/21 520.00 YBARRA RETIREE HEALTH BENEFITS - DEC 2021 355752 12/2/21 220.00 A/P Total 28,915.00

WIRED PAYMENTS
BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES A BOND PAY 478743 1 1/30/21 130,686.46 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES B BOND PAY 478749 1 1/30/21 43,470.00 KAISER FOUNDATION HEALTH PLANS GROUP #104220 - OCT/NOV 2021 48948 0 11/29/21 678,397.33 SECTION 8 HAPS Start Date End Date
12/1/2021 12/1/2021 1,036,422.38

PAYROLL
Pay period Start Date End Date Check Date
23 11/2/2021 11/15/2021 11/24/2021 1,111,833.85
2/3
119 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 22
12/2/2021
GRAND TOTAL 3,029,725.02 $
3/3
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The following page(s) contain the backup material for Agenda Item: Warrant Register #23 for the period of 12/03/21 through 12/09/21 in the amount of $1,814,529.63. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 23
Ratify Warrants Totaling $1,814,529.63
This is not a project and, therefore, not subject to environmental review.

Warrant total $1,814,529.63.

Per Government Section Code 37208, below are the payments issued for period 12/03/21 - 12/09/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Bureau Veritas N America 355833 83,971.21 Bldg. Inspector Serv ice ESGIL Corporation 355844 71,748.73 Building Plan Check Servic es SDG&E 355863 57,193.48 Gas & Electric Utilities / PW
Health Net Inc 355911 80,350.38 December 2021 – Grp #R1192A WSP USA Inc 355948 110,884.55 F ocused General Plan Update Public Emp Ret System 120321 258,518.23 Svc Period 11/02/21 – 11/15/21 Public Emp Ret System 120921 257,514.18 Svc Period 11/16/21 – 11/29/21 Adminsure Inc 437277 147,136.48 Worke r’s Comp Account Replenishment 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #23 for the period of 12/03/21 through 12/09/21 in the amount of $1,814,529.63. (Finance)
January 18, 2022
122 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
ACE UNIFORMS & ACCESSORIES INC FP62MN CORRECT MN NAVY PANTS FY22 / FIRE 355753 12/6/21 2,278.75 AETNA BEHAVIORAL HEALTH EMPLOYEE ASSISTANCE PROGRAM - DECEMBER 3 55754 12/6/21 1,002.40 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 355755 12/6/21 2,77 8.13 ALL FRESH PRODUCTS FOR CONSUMABLES AS NEEDED FOR NUTRITION 355756 12/6/21 1,866.09 ALTA LANGUAGE SERVICES INC EMPLOYEE BILINGUAL TESTING 355757 12/6 /21 66.00 AMAZON 1 WIRELESS TELEPHONE HEADSET FOR SECTION 355758 12/6/21 869 .98 ANDERSON TRAINING REIM FOR HUMAN TRAFFICKING TRAI 355759 12/6/21 4 34.18 ATLAS TECHNICAL CONSULTANTS SWEETWATER RD SAFETY ENHANCEMENTS - ENG/PW 355760 12/6/21 10,572.00 CALIFORNIA PARK CPRS MEMBERSHIP RENEWAL 2022 355761 12/6/21 290.0 0 CASTILLO A KIMBALL HOLIDAY DJ & ENTERTAINMNET 355762 12/6/21 1,850 .00 CHEN RYAN ASSOCIATES INC BAYSHORE BIKEWAY SEGMENT 5 - ENG/PW 3557 63 12/6/21 43,257.96 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE FOR OCTOBE R 20 355764 12/6/21 1,078.82 CODDINGTON LOCK AND SECURITY LOCKSMITH SERVICES / NUTRITION 35576 5 12/6/21 546.04 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES, PARTS 355 766 12/6/21 1,785.62 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL & DOT EXAM 3557 67 12/6/21 655.00 COUNTY OF SAN DIEGO NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 355768 12/6/21 8,907.20 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 355769 12/6/2 1 174.00 CYBRARYN SOLUTIONS CYBRARIAN PRINT MANAGEMENTSOFTWARE 355770 12/6 /21 499.45 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY 2022~ 355771 12/ 6/21 9,025.15 DEPARTMENT OF JUSTICE NEW EMPLOYEE FINGERPRINT TEST RESULTS 3557 72 12/6/21 128.00 DIAZ EDUCATION REIMBURSEMENT 355773 12/6/21 2,000.00
D-MAX ENGINEERING INC CIP 21-14 STORM WATER SERVICES FY21-22 355 774 12/6/21 19,497.26 D-MAX ENGINEERING INC T&A 90372 -130 E. 8TH ST - ENG/PW 355775 12 /6/21 991.40 DOCUSIGN, INC. ESIGNATURE ENTERPRISE PRO FOR GOV - 355776 12/6/21 5,000.00 ESGIL CORPORATION PLAN CHECKS FOR FIRE DEPARTMENT FOR FY22 355777 12/6/21 847.50 EXPRESS PIPE AND SUPPLY CITYWIDE PLUMBING PARTS, MATERIALS TOOL 3 55778 12/6/21 132.32 FIRE ETC 7085. COUNCIL TOOL 60FMS36C FLATHEAD/FIRE 355779 12/6/21 965.71 GATES PLANNING STRATEGIES CONSULTANT TO PROVIDE LAND USE 355780 12/6/21 2,100.00 HDR ENGINEERING, INC. PARADISE CREEK AT PLAZA PHASE II - ENG/PW 3 55781 12/6/21 6,981.75 HERNANDEZ TRAINING REIM FOR SWAT COMMANDER COURSE 355782 12/6/21 4 0.00 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES NEEDED FOR PARKS 3557 83 12/6/21 814.52 IBARRA TRAINING REIM FOR DEFENSIVE TACTICS INST 355784 12/6/21 279 .36 IDEMIA IDENTITY & SECURITY USA NEW EMPLOYEE FINGERPRINT TEST SUB MISSION 355785 12/6/21 8.00 INNOVATIVE CONSTRUCTION CIP 19-19 ROOSEVELT SMART GROWTH - ENG/P W 355786 12/6/21 27,054.00 IPS GROUP INC PARKING MANAGEMENT - ENG/PW 355787 12/6/21 5,442.86 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 355788 12/6/21 255.00 JOE D MOBILE INSTALLS SCREWS,NUTS AND BOLTS,ELECTRICAL 355789 12/ 6/21 1,512.90 KIMLEY HORN AND TRAFFIC COUNTS AND ANALYSIS - ENG/PW 355790 12/6/ 21 19,825.56 KRONOS INC KRONOS ANNUAL MAINTENANCE AND LICENSING 355791 12/6/21 155.53 KTUA 8TH STREET AND ROOSEVELT AVE CALTRANS 355792 12/6/21 14,950. 10 LASER SAVER INC HP P2035/ P2035 COMPATIBLE TONER CARTRID 355793 1 2/6/21 59.76 LOS ANGELES PARTYWORKS INC A KIMBALL HOLIDAY LED DANCE FLOOR 3557 94 12/6/21 3,750.00 NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2022 355795 12/6/21 405.00 NEOGOV ANNUAL NEOGOV RENEWAL 355796 12/6/21 1,523.88
NERI LANDSCAPE ARCHITECTURE PARADISE CREEK PARK EXTENSION AND KI MBALL 355797 12/6/21 5,832.14 NV5 INC PARADISE CREEK LOMR - ENG/PW 355798 12/6/21 321.90 PADRE JANITORIAL SUPPLIES CONSUMABLES / NUTRITION 355799 12/6/21 1 27.10 WARRANT REGISTER # 23
12/9/2021
1/5
123 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/9/2021
PANGCO EDUCATION REIMBURSEMENT 355800 12/6/21 339.00
PENSKE FORD R&M CITY VEHICLES FY 2022 355801 12/6/21 663.73 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/ FINANCE/CATHERINE BAUTI STA WK 355802 12/6/21 9,051.34 PRUDENTIAL OVERALL SUPPLY MOP FOR UNIFORM CLEANING SERVICE 35580 3 12/6/21 253.34 RELATIONSHIPS AT WORK, INC. TRAINING MEDIATION SERVICES PD 355804 12/6/21 2,850.00 ROYAL ENTERTAINERS, INC KIMBALL HOLIDAY SANTA CLAUSE MRS CLAUSE 3 55805 12/6/21 3,195.00 SAN DIEGO ICE MACHINES COMPANY KIMBALL HOLIDAY TONS OF SNOW TO B E BLOWN 355806 12/6/21 9,913.00 SDG&E GAS AND ELECTRIC UTILITIES FOR STREETS 355807 12/6/21 89.07 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 3558 08 12/6/21 760.86 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR F Y22 355809 12/6/21 3,275.38 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 35 5810 12/6/21 316.84 SMART & FINAL CDBG TEEN CASA DE SALUD SNACKS 355811 12/6/21 167.36 STAPLES BUSINESS ADVANTAGE CDBG TEEN CASA DE SALUD ROUTER 355812 12/6/21 642.66 STATE OF CALIFORNIA HCD ASSESSMENT FOR JULY 1, 2021 THROUGH JUNE 355813 12/6/21 40,180.86 STC TRAFFIC GENERAL PROFESSIONAL SERVICES - ENG/PW 355814 12/6/21 1,255.00 SUN BADGE COMPANY INC PD 10 NAME BARS FROM AUG 2021 355815 12/6/2 1 280.16 SUN BADGE COMPANY INC PD BADGE 244 355816 12/6/21 279.88 SWEETWATER AUTHORITY WATER BILL FOR PARKS DIVISION FY 2022 355817 12/6/21 9,120.54 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 355818 12/6/21 5,112.4 8 THE LINCOLN NATIONAL LIFE INS GRP #415491 - DECEMBER 2021 355819 12/6/21 9,561.14 U S BANK PD TRAINING CREDIT CARD 355820 12/6/21 10,830.42 U S BANK PD MIS CREDIT CARD 355821 12/6/21 54.36
V & V MANUFACTURING EMPLOYEE ANNIVERSARY SERVICE PINS 355822 12/6 /21 2,816.97 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 355823 12/6/2 1 10,212.23 WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES 355824 12 /6/21 4,885.47 WHENTOWORK INC CMM SRVS WHEN TO WORK YEARLY SUBSCRIPTION 355825 1 2/6/21 200.00 WILLY'S ELECTRONIC SUPPLY ELECTRONIC ACCESSORIES 355826 12/6/21 56 3.81 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 355827 12/8/21 921.97 ALPHA PROJECT FOR THE HOMELESS ALPHA PROJECT IS TO PROVIDE SERVI CES 355828 12/8/21 15,061.49 APTUS COURT REPORTING, LLC LIABILITY CLAIM COST 355829 12/8/21 2,1 89.87 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 355830 12/8/21 12,635. 81 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 355831 12/8/21 779.36 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL - PW 355832 12/8/21 73 7.53 BUREAU VERITAS N AMERICA INC BUREAU VERITAS - BLDG. INSPECTOR SE RVICE 355833 12/8/21 83,971.21 CALIFORNIA ASSOCIATION OF CACEO MEMBERSHIP / NSD 355834 12/8/21 95 .00 CALIFORNIA DEPARTMENT OF ENVIRONMENTAL REMEDIATION WORK / PARADI SE 355835 12/8/21 9,272.68 CALLYO 2009 CORP PD INVESTIGATIVE SERVICES 355836 12/8/21 2,520.00 CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES - PW 355837 12/8/21 288. 84 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 355838 12/8/2 1 2,163.00 CPCA TRAINING TUITION 45 ANNUAL TRAINING SYMP 355839 12/8/21 1,450 .00 DAY WIRELESS SYSTEMS COMM EQIPMNT MNTNCE SVC, FY22/FIRE 355840 1 2/8/21 328.00 DE LAGE LANDEN LEASE 20 SHARP COPIERS FOR FY21. 355841 12/8/21 2,9 39.63 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355842 12/8/21 8,79 0.10 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355843 12/8/21 1,52 3.00 ESGIL CORPORATION ESGIL - BUILDING PLAN CHECK SERVICES 355844 12/ 8/21 71,748.73 GRANICUS GRANICUS GOVACCESS MAINTENANCE 355845 12/8/21 17,867.95 HDL COREN & CONE CONTRACT SVCS POPERTY TAX: OCT THRU DEC 355846 1 2/8/21 3,030.49 2/5
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/9/2021
HOME DEPOT CREDIT SERVICES HOME DEPOT PAINT SUPPLIES / NSD 355847 12/8/21 154.32 KIMLEY HORN NTP FOR THE EVALUATION OF AFFORDABLE 355848 12/8/21 3 ,115.00 LASER SAVER INC MOP NUTRITION CENTER PRINTER INK 355849 12/8/21 21 7.39 LEFORT'S SMALL ENGINE REPAIR MOP 80702 AUTO SUPPLIES - PW 355850 12/8/21 313.05 LINEGEAR FIRE & RESCUE TN-SB24. SAW BAR COVER 24" 355851 12/8/21 354.74 MASON'S SAW MOP 45729 EQUIPMENT SUPPLIES AND REPAIR 355852 12/8/ 21 345.50 MCALISTER INSTITUTE HOMELESS CASE MANAGEMENT SERVICES 355853 12/ 8/21 11,566.57 MOBILE WIRELESS LLC NETMOTION MOBILITY MAINTENANCE RENEWAL 355854 12/8/21 7,147.00 OFFICE SOLUTIONS BUSINESS MOP 83778 OFFICE SUPPLIES/FINANCE 35585 5 12/8/21 323.42 PALMA REIMBURSEMENT FOR NOTARY BOND RECORDING 355856 12/8/21 56.00 PARTS AUTHORITY METRO LLC MOP 75943 AUTO SUPPLIES - PW 355857 12/ 8/21 82.40 PERRY FORD-NATIONAL CITY MOP 45703 AUTO SUPPLIES - PW 355858 12/8 /21 3.26 PROFESSIONAL SEARCH GROUP LLC TEMPORARY PROFESSIONAL SERVICE FOR CITY 355859 12/8/21 798.00 PROTEA NATIONAL CITY, LLC BOND DEPOSIT REFUND FOR 130 E. 8TH STR EET 355860 12/8/21 38,596.86 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SERVICES - PW 355861 12/8/21 1,162.04 REEDER AMERICAN PLANNING ASSOC. MEMBERSHIP REIM 355862 12/8/21 681 .00 SDG&E GAS AND ELECTRIC UTILITIES / PW 355863 12/8/21 57,193.48 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 3558 64 12/8/21 1,146.17 SHAFER REIM FOR UNIFRM V. SHAFER 355865 12/8/21 206.86 SHER EDLING LLP LIABILITY CLAIM COST 355866 12/8/21 924.00 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 35 5867 12/8/21 263.28 SMART SOURCE OF CALIFORNIA LLC PUBLIC NOTICE ENVELOPES - SMART S OURCE 355868 12/8/21 164.22 SO CAL TRUCK STOP MOP 45758 AUTO SUPPLIES - PW 355869 12/8/21 71.4 6 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES/PD 355870 12 /8/21 2,711.74 SULLIVAN TRAINING REIM LOS ANGELES POLICE DEPT'S 355871 12/8/21 13 5.70 SYSCO SAN DIEGO INC NUTRITION CENTER KITCHEN SUPPLIES 355872 12/8 /21 264.63 THE COUNSELING TEAM CRISIS INTERVENTION 10.29.2021 OIS / PD 35587 3 12/8/21 2,025.00 THE COUNSELING TEAM INTERNATIO EMPLOYEE SUPPORT SERVICES 355874 1 2/8/21 375.00 THE STAR NEWS PUBLIC NOTICE - STAR NEWS 355875 12/8/21 461.25 U S BANK US BANK CREDIT CARD SERVICES - CALBO WEB 355876 12/8/21 4 90.00 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 GENERAL SUPPLIES - PW 355 877 12/8/21 154.13 VIDEO TRACK LLC PD DIGITAL AUDIO TRANSCPTIONS SERVICES 355878 12/ 8/21 4,173.00 VISTA PAINT MOP 68834 PAINT SUPPLIES / NSD 355879 12/8/21 223.52 WALTERS TRAINING REIM FOR SHERMAN BLOCK,SLI SESSION 355880 12/8/2 1 269.34 WILLY'S ELECTRONIC SUPPLY WILLYS ELECTRONICS MOP FY22 355881 12/8 /21 39.91 WSP USA INC WSP - SB2 PLANNING GRANT 355882 12/8/21 2,502.27 AIRGAS USA LLC MOP 45714 GENERAL SUPPLIES - PW 355883 12/9/21 527. 24 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 355884 12/9/21 945. 78 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 355885 12/9/21 1,035.14 BOOT WORLD MOP 64096 SAFETY WEARING APPAREL - PW 355886 12/9/21 50 0.00 C A P F DECEMBER 2021 - FIRE LTD 355887 12/9/21 1,121.00 CALIFORNIA LAW ENFORCEMENT DECEMBER 2021 - PD LTD 355888 12/9/21 2 ,107.00 CHRISTIANSEN AMUSEMENTS A KIMBALL HOLIDAY FERRIS WHEEL RENTAL 355 889 12/9/21 6,000.00 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 3 55890 12/9/21 475.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 35 5891 12/9/21 874.58 DANIELS TIRE SERVICE TIRES FOR CITY FLEET FOR FY 2022 355892 12/9 /21 6,997.49 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355893 12/9/21 3,84 3.00 3/5
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/9/2021
DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355894 12/9/21 577. 62 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355895 12/9/21 520. 00 DELTA DENTAL DECEMBER 2021 - GRP #05-0908600000 355896 12/9/21 14, 113.16 DELTA DENTAL DECEMBER 2021 - GRP #05-0908601002 355897 12/9/21 134 .71 DELTA DENTAL INSURANCE CO DECEMBER 2021 - GRP #05-7029600000 3558 98 12/9/21 2,448.60 DELTA DENTAL INSURANCE CO DECEMBER 2021 - GRP #05-7029600002 3558 99 12/9/21 38.94 DEPARTMENT OF TRANSPORTATION HIGHWAY LIGHTING FOR FY 2022 355900 12/9/21 14,776.66 DIAMOND ENVIRONMENTAL SVCS RFW A KIMBALL HOLIDAY DIAMOND RENTAL 3 55901 12/9/21 750.75 ENERGY COMMUNICATIONS CORP. A KIMBALL HOLIDAY BROADCASTING SERVI CE 355902 12/9/21 800.00 ENTERPRISE FLEET MANAGEMENT ENTERPRISE FLEET MANAGEMENT - ENG/PW 355903 12/9/21 15,103.04 FIT TO WORK INC ERGONOMIC EVALUATION AND REPORT 355904 12/9/21 368 .00 GRAINGER BUILDING SUPPLIES AND EQUIPMENT FY 22 355905 12/9/21 2,06 7.65 HANDY METAL MART FLAT BAR 1/4 X 3 355906 12/9/21 619.88 HEALTH NET GRP #N7176A - DECEMBER 2021 355907 12/9/21 1,829.36 HEALTH NET GRP #N7176F - DECEMBER 2021 355908 12/9/21 1,598.46 HEALTH NET GRP #N7177A - DECEMBER 2021 355909 12/9/21 1,240.24 HEALTH NET GRP #R1192R - DECEMBER 2021 355910 12/9/21 832.36 HEALTH NET INC DECEMBER 2021 - GRP #R1192A 355911 12/9/21 80,350.3 8 HEALTH NET INC GRP #57135A - DECEMBER 2021 355912 12/9/21 5,008.61 HEALTH NET INC DECEMBER 2021 - GRP #LB439A 355913 12/9/21 2,469.88 HEALTH NET INC DECEMBER 2021- GRP #LB439F 355914 12/9/21 714.18 HERNANDEZ RESERVES LUNCHEON REIMBURSEMENT 355915 12/9/21 96.30 HEROS CAFE LLC A KIMBALL HOLIDAY WORKING STAFF MEAL 355916 12/9/2 1 468.00 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES NEEDED FOR PARKS 3559 17 12/9/21 495.65 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 355918 12/9/21 250.00 JOSE O. VARGAS SANTIAGO A KIMBALL HOLIDAY FILMING AND RECORDING 3 55919 12/9/21 800.00 KIMLEY HORN AND 8TH & ROOSEVELT ATP - ENG/PW 355920 12/9/21 12,678 .61 MAINTEX INC CITYWIDE JANITORIAL SUPPLIES, PARTS, 355921 12/9/21 2, 064.53 NATIONAL CITY AUTO TRIM R&M CITY VEHICLES AS NEEDED FY 2022 3559 22 12/9/21 205.00 NATIONAL CITY CAR WASH CARWASH SERVICES FOR FLEET FY 2022 355923 12/9/21 240.00 NATIONAL CITY ELECTRIC CITYWIDE ON-SITE ELECTRICAL 355924 12/9/21 7,330.00 PENSKE FORD R&M CITY VEHICLES FY 2022 355925 12/9/21 1,193.18 PERRY CHRYSLER DODGE JEEP DIAGNOSE TROUBLE CODES PERFORM DTC 3559 26 12/9/21 155.00 POWERSTRIDE BATTERY CO INC AUTO BATTERIES TO REPLENISH STOCK 3559 27 12/9/21 240.25 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/FINANCE/CATHERINE BAUTIS TA/WK 355928 12/9/21 2,497.84 PRUDENTIAL OVERALL SUPPLY MOP NUTRITION CENTER CLEANING SERVIVES 355929 12/9/21 277.60 R & R CONTROLS, INC CITYWIDE ON-SITE ENVIRONMENTAL CONTROL 355930 12/9/21 5,125.00 RELIANCE STANDARD DECEMBER 2021 - GRP VAI826233, VCI801146 355931 12/9/21 3,734.74 RELY ENVIRONMENTAL NC PUBLIC WORKS FIRE STATIONS, PD, CITY 355932 12/9/21 10,257.15 SAN DIEGO MECHANICAL ENERGY REPAIRS TO HVAC SYSTEMS AND OTHER 355 933 12/9/21 2,833.86 SCHOOL OUTFITTERS LLC COMMUNITY SERVICES DAY EL TOYON STAGE PARK 355934 12/9/21 3,850.93 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 355935 12/9/21 4,80 6.56 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 3559 36 12/9/21 963.81 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 35 5937 12/9/21 472.07 SOUTHWEST SIGNAL SERVICE INTERSECTION MAINTENANCE FOR THE MONTH OCT 355938 12/9/21 36,938.14 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES/PD 355939 12 /9/21 774.34 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 355940 12/9/21 3,298.4 6 4/5
126 of 339

PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 23
12/9/2021
TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES AS NEEDED 35 5941 12/9/21 2,255.00 TOPECO PRODUCTS MOP 63849 GENERAL SUPPLIES - PW 355942 12/9/21 22. 22 T'S & SIGNS A KIMBALL HOLIDAY MARKETING PRINTING 355943 12/9/21 95 9.18 U S BANK CITY OF NATIONAL CITY 2012 GEN OBLIGATION 355944 12/9/21 1,130.00 UNDERGROUND SERVICE ALERT UNDERGROUND SERVICE ALERT FY 2022 35594 5 12/9/21 723.23 WAXIE SANITARY SUPPLY MISCELLANEOUS JANITORIAL SUPPLIES 355946 12 /9/21 1,570.70 WOODRUFF, SPRADLIN & SMART APC RSWA - GEN MGR MONTHLY INVOICE DE C 2021 355947 12/9/21 2,793.99 WSP USA INC FOCUSED GENERAL PLAN UPDATE 355948 12/9/21 110,884.55 A/P Total 1,106,009.99

WIRED PAYMENTS
PUBLIC EMP RETIREMENT SYSTEM SVC PERIOD 11/02/21-11/15/21 120321 12/3/21 258,518.23 PUBLIC EMP RETIREMENT SYSTEM SVC PERIOD 11/16/2021 - 11/29/2021 1 20921 12/9/21 257,514.18 EDD UI REIMBURSABLE BENEFIT CHARGES/PERIOD 7 149369 12/8/21 6,936. 00 ADMINSURE INC WORKERS' COMPENSATION ACCOUNT REPLENISHM 437277 12/ 8/21 147,136.48 ARCO BUSINESS SOLUTIONS FUEL FOR CITY FLEET FY 22 452943 12/6/21 3 8,414.75 GRAND TOTAL 1,814,529.63$
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The following page(s) contain the backup material for Agenda Item: Warrant Register #24 for the period of 12/10/21 through 12/16/21 in the amount of $3,576,255.03. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
ITEM TITLE:

DEPARTMENT:

PHONE:

EXPLANATION: APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ORDINANCE: INTRODUCTION
ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:

FINAL ADOPTION
APPROVED: MIS
PREPARED BY:

Warrant Register # 24
Ratify Warrants Totaling $3,576,255.03
This is not a project and, therefore, not subject to environmental review.

Warrant total $3,576,255.03.

Per Government Section Code 37208, below are the payments issued for period 12/10/21 - 12/16/21.

Consistent with Department of Finance’s practice, listed below are all payments above $50,000.

Vendor Check/Wire Amount Explanation
Chen Ryan Associates 355959 62,685.05 Bayshore Bikeway Segmen t 5 Eng/PW Eagle Paving Company 355969 612,675.97 CIP19-12 Sweetwater Rd Safety Enhance Tri-Group Construction 356007 61,503.00 CIP19-19 Roosevelt Sma rt Growth Eng Ford of Chula Vista 356033 118,881.04 NCPD Interceptors Patro l (2) & K9 (1) 619-336-4572 FinanceKarla Apalategui, Senior Accounting Assistant Warrant Register #24 for the period of 12/10/21 through 12/16/21 in the amount of $3,576,255.03. (Finance)
January 18, 2022
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
ACE UNIFORMS & ACCESSORIES INC FP62MN CORRECT MN NAVY PANTS FY22 / FIRE 355949 12/15/21 1,934.66 AEP CALIFORNIA LLC 2021 PATROL K9 HYBRID BUILD OUT- ENG/PW 355950 12/15/21 47,787.15 ALL FRESH PRODUCTS FOR FOOD AS NEEDED FOR NUTRITION CENTER 355951 12/15/21 1,354.44 ANSER ADVISORY MANAGEMENT, LLC CIP 19-18 NC BLVD BIKEWAY - ENG/P W 355952 12/15/21 330.00 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 355953 12/15/21 2,128. 97 AT&T AT&T SBC ANNUAL PHONE SERVICE FOR FY22 355954 12/15/21 91.17 BECERRIL LICENSE REIMBURSEMENT 355955 12/15/21 85.00
BLUE PACIFIC ENGINEERING CIP 19-45 CIVIC CENTER ADA ACCESSIBILIT Y 355956 12/15/21 32,064.40 CALIFA GROUP CALIFA BROADBAND FOR FY22 355957 12/15/21 5,309.42 CALIFORNIA ELECTRIC SUPPLY MOP 45698 GENERAL SUPPLIES - PW 355958 12/15/21 492.29 CHEN RYAN ASSOCIATES INC BAYSHORE BIKEWAY SEGMENT 5- ENG/PW 35595 9 12/15/21 62,685.05 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZMAT WASTE FOR FEBRUARY 2021 355960 12/15/21 1,617.72 CLF WAREHOUSE INC MOP 80331 AUTO SUPPLIES - PW 355961 12/15/21 244 .31 COSTAR REALTY INFORMATION INC COSTAR REALTY FOR REAL ESTATE INFO RMATIO 355962 12/15/21 5,275.27 COUNTY OF SAN DIEGO HAZARDOUS WASTE FOR NCPD GUN RANGE - ENG 3559 63 12/15/21 13,271.50 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 355964 12/15/ 21 2,613.09 DELGADO EMPLOYEE REIMBURSMENT ELYANA DELGADO 355965 12/15/21 252.0 2 DELL MARKETING L P ADOBE ACROBAT PRO 2020~ 355966 12/15/21 6,701.4 0 D-MAX ENGINEERING INC CIP 21-14 STORM WATER SERVICES - ENG/PW 355 967 12/15/21 10,287.01 D-MAX ENGINEERING INC T&A 90184 - NC COURTYARDS AT KIMBALL APT 35 5968 12/15/21 238.29 EAGLE PAVING COMPANY INC CIP 19-12 SWEETWATER RD SAFETY ENHANCEM E 355969 12/15/21 312,675.97 EXOS COMMUNITY SERVICES LLC NOVEMBER MANAGEMENT FEES~ 355970 12/1 5/21 25,828.66 GEOSYNTEC CONSULTANTS INC CNC PBR ENCAMPMENT CLEANUP - ENG/PW 355 971 12/15/21 16,906.25 GOVERNMENT FINANCE CERTIFICATE OF ACHIEVEMENT REVIEW / FIN 355972 12/15/21 460.00 GOVERNMENT FINANCE CERTIFICATE OF ACHIEVEMENT REVIEW / FIN 355973 12/15/21 150.00 GRANICUS WEBSITE REDESIGN SERVICES 355974 12/15/21 17,867.95 HMS CONSTRUCTION INC CIP 19-09 PEDESTRIAN ADA ENHANCEMENTS - 3559 75 12/15/21 11,733.47 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES NEEDED FOR PARKS 3559 76 12/15/21 207.24 HUERTA JR REIMBURSEMENT - EQUIPMENT SUPPLIES 355977 12/15/21 56.33 KIMLEY HORN CIP 19-02 EL TOYON LAS PALMAS - ENG/PW 355978 12/15/ 21 8,844.06 KTUA CMO PREPLANNING PROFESSIONAL SERVICES- 355979 12/15/21 7,000 .00 LEFORT'S SMALL ENGINE REPAIR MOP 80702 AUTO SUPPLIES - PW 355980 12/15/21 90.07 LIEBERT CASSIDY WHITMORE PERSONNEL MATTER 355981 12/15/21 5,590.0 0 MASON'S SAW MOP 45729 PARKS MAINTENANCE 355982 12/15/21 1,110.56 METEAU JR SCPMA-HR MEMBERSHIP RENEWAL 355983 12/15/21 50.00 O'REILLY AUTO PARTS MOP 75877 AUTO SUPPLIES - PW 355984 12/15/21 4 61.28 PENSKE FORD R&M CITY VEHICLES FY 2022 355985 12/15/21 629.31 PERRY ELECTRIC CIP 19-13 CITYWIDE PEDESTRIAN SAFETY 355986 12/15/ 21 16,831.27 PERRY FORD-NATIONAL CITY MOP 45703 AUTO SUPPLIES - PW 355987 12/1 5/21 125.00 PORTILLO CONCRETE INC CIP 18-10 EUCLID AVE BIKE AND PED ENHANC 35 5988 12/15/21 13,610.65 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/FINANCE/CATHERINE BAUTIS TA/WK 355989 12/15/21 4,883.06 PROJECT PROFESSIONALS CORP CIP 21-24 CITY HALL SEISMIC RETROFIT - ENG 355990 12/15/21 23,378.26 PRUDENTIAL OVERALL SUPPLY MOP NUTRITION CENTER LAUNDRY & CLEANIN G 355991 12/15/21 217.32 RANDALL LAMB ASSOCIATES INC CIP 21-24 CIVIC CENTER EOC POWER UPG RADE 355992 12/15/21 6,472.50 RHIANNON J JAY REFUND TO 911-913 ANGELO DRIVE, T&A 9051 355993 12 /15/21 1,500.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 355994 12/15/21 20. 49 SEAPORT MEAT COMPANY FOOD / NUTRITION CENTER 355995 12/15/21 2,112 .40 WARRANT REGISTER # 24
12/16/2021
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/16/2021
SELECT ELECTRIC INC CIP 19-08 FIBER OPTICE TRAFFIC SIGNAL 355996 12/15/21 19,156.04 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 35 5997 12/15/21 3.21 SMART & FINAL MOP PARADISE CREEK SUPPLIES 355998 12/15/21 14.33 SMART SOURCE OF CALIFORNIA LLC MOP 63845, BUS FIRE SAFETY INSP F ORMS 355999 12/15/21 567.02 SOLANA CENTER RSWA - BILLING PERIOD 11/1/21-11/30/21 356000 12/1 5/21 6,695.00 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES - PW 356001 12/15/21 1,123.08 STAPLES BUSINESS ADVANTAGE OFFICE SUPPLIES 356002 12/15/21 56.66 STC TRAFFIC HSIP CITY PROTEC LEFT TURN- ENG/PW 356003 12/15/21 16, 378.41 SWAGIT PRODUCTION LLC SWAGIT WEBCAST FY22 356004 12/15/21 1,920.83 TERMINIX INTERNATIONAL NUTRITION CENTER PEST CONTROL MAINTENANCE 356005 12/15/21 150.00 THE PUN GROUP LLP AUDIT SERVICES / FINANCE 356006 12/15/21 20,000. 00 TRI-GROUP CONSTRUCTION AND DEV CIP 19-19 ROOSEVELT SMART GROWTH - ENG/PW 356007 12/15/21 61,503.00 U S BANK US BANK NOVEMBER STATEMENT 356008 12/15/21 1,652.09 UC RIVERSIDE MAIN CASHIERS CID#N62254911 DIGITIZATION SERVICES 356009 12/15/21 29,468.00 VERIZON WIRELESS VERIZON CELLULAR SERVICES FOR FY22 356010 12/15/ 21 154.02 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR FIRE STATIONS 35601 1 12/15/21 174.52 WEST COAST ARBORISTS INC 21-24 CALFIRE GRANT PLANTING - ENG/PW 35 6012 12/15/21 7,700.00 WESTFLEX INDUSTRIAL MOP 45704 OFFICE SUPPLIES - PW 356013 12/15/2 1 130.69 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY22 356014 12/ 15/21 343.86 WSP USA INC NATIONAL CITY PARKING PLAN - ENG/PW 356015 12/15/21 7, 326.20 ACE UNIFORMS & ACCESSORIES INC WEARING APPAREL - ENG/PW 356016 12 /16/21 1,130.62 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 356017 12/16/21 3,9 07.55 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 356018 12/16/21 357.69 ALLSTATE SECURITY SERVICES INC SECURITY SERVICES FY22/LIBRARY 356 019 12/16/21 2,541.78 AMAZON SUPPLIES FY22/LIBRARY 356020 12/16/21 507.84
AMAZON WATTSTOPPER WATT POWER PACK 356021 12/16/21 69.60 CAL PACIFIC TRUCK CENTER, LLC HEADER DSL EXHAUST FLUID 356022 12/ 16/21 1,442.14 CALIFORNIA ASSOCIATION OF CODE CACEO MEMBERHISP / NSD 356023 12/1 6/21 95.00 CALIFORNIA DIESEL COMPLIANCE OPACITY TESTING ON VARIOUS CITY VEH ICLES 356024 12/16/21 354.00 CARDOZA TRAINING REIM DELIRIUM & ARREST RELATED 356025 12/16/21 10 9.87 CARDOZA TRAINING REIM FORCE OPTIONS UOF DE-ESCAL 356026 12/16/21 2 4.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE / NOV 35602 7 12/16/21 761.52 COLANTUONO HIGHSMITH & PROFESSIONAL SERVICES / CAO 356028 12/16/2 1 1,796.55 COX COMMUNICATIONS COX DATA VIDEO SERVICES FOR FY22 356029 12/16/ 21 173.30 DAY WIRELESS SYSTEMS (20) COMM EQUIPMNT MNTNCE SVC, FY22/FIRE 356 030 12/16/21 328.00 DISCOUNT SPECIALTY CHEMICALS GOOP OFF / PW 356031 12/16/21 836.74 FIRE ETC FIRE SAFETY STATION BOOTS/FOOTWEAR 356032 12/16/21 2,811. 19 FORD OF CHULA VISTA NCPD INTERCEPTORS PATROL(2) & K9 (1) 356033 1 2/16/21 118,881.04 GIL TRAINING REIM FORCE OPTIONS UOF/DE-ESCAL 356034 12/16/21 24.00 HERC RENTALS INC A KIMBALL HOLIDAY GENERATOR RENTAL 50110 356035 12/16/21 645.98 HOME DEPOT CREDIT SERVICES SUPPLIES / PW 356036 12/16/21 557.84 KEYSER MARSTON ASSOCIATES INC CONSULTING SERVICES / HOUSING 35603 7 12/16/21 10,695.00 L N CURTIS & SONS XFTNJ TFT CROSSFIRE MONITOR TOP / FIRE 356038 1 2/16/21 4,034.64 MC CLURE JR REIM FOR THE FIELD TRAINING OFFICER COURSE 356039 12/ 16/21 256.15 MCALISTER INSTITUTE HOMELESS CASE MANAGEMENT SERVICES 356040 12/ 16/21 18,013.42 MEGLA MANUFACTURING INC WATER JET AND CAD~ 356041 12/16/21 544.90 MEYERS, NAVE, RIBACK, SILVER DEVELOP COMMERCIAL CANNABIS PROGRAM 356042 12/16/21 5,037.50 2/3
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PAYEE DESCRIPTION CHK NO DATE AMOUNT
WARRANT REGISTER # 24
12/16/2021
MIDWEST TAPE AUDIOBOOKS FY22/LIBRARY 356043 12/16/21 927.41 MTS MTS GRAFFITI REMOVAL FLAGGERS / NSD 356044 12/16/21 196.02 MYERS & SONS HI-WAY SAFETY INC STENCIL STRIPING SUPPLIES 356045 1 2/16/21 471.43 PALMA TRAINING REIM FORCE OPTIONS UOF/DE-ESCAL 356046 12/16/21 24. 00 PRO BUILD COMPANY A KIMBALL HOLIDAY SUPPLIES & MATERIALS 356047 1 2/16/21 446.51 PROFESSIONAL SEARCH GROUP LLC COMMUNITY SERVICES TEMP SALARY 3560 48 12/16/21 1,729.20 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SVC / NSD 356049 12/1 6/21 55.32 SAN DIEGO UNION TRIBUNE FOR ADVERTISINGNOTICE INVITING BIDS 3560 50 12/16/21 1,785.60 SBCS CORPORATION CARES ACT CDBG-CV AGREEMENT 356051 12/16/21 3,61 0.00 SHER EDLING LLP SHER EDLING LLP -SWEETWATER MARSH MATTER 356052 1 2/16/21 924.00 SOUTH COAST EMERGENCY HORN PAD STEER WHEEL 356053 12/16/21 113.63 SPEEDPRO IMAGING PARKS DEPT NUMBER - VINYL/ PW 356054 12/16/21 681 .87 SPRINGER TRAINING REIM FOR SHERMAN BLOCK, SLI-SES 356055 12/16/21 233.58 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES / NSD 356056 12/16/21 87.60 SUPERIOR READY MIX CONCRETE LP DECOMPOSED GRANITE 356057 12/16/21 281.88 SWEETWATER AUTHORITY WATER BILL – WASTEWATER FY 2022 356058 12/16 /21 280.62 SYSCO SAN DIEGO INC FOOD / NUTRITION CENTER 356059 12/16/21 2,988. 27 THE COUNSELING TEAM INTERNATIO EMPLOYEE SUPPORT SERVICES ~/FIRE 3 56060 12/16/21 600.00 THE SHERWIN WILLIAMS CO MOP 77816 PAINT SUPPLIES / NSD 356061 12/ 16/21 153.82 TINOSA INC LABOR, PERFORM AIR SAMPLE 356062 12/16/21 250.00 T'S & SIGNS A-FRAME~ 356063 12/16/21 515.48
U S BANK CREDIT CARD EXPENSES/ CMO - 356064 12/16/21 1,341.70 WEST COAST ARBORISTS ONGOING TREE TRIMMING SERVICE AS NEEDED 3560 65 12/16/21 7,130.00 WILLY'S ELECTRONIC SUPPLY WILLY'S ELECTRONICS MOP FY22 356066 12/ 16/21 90.23 WORLD OIL ENVIRONMENTAL USED OIL PICK UP 356067 12/16/21 95.00 A/P Total 1,049,043.25

WIRED PAYMENTS
PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - DECEMB E 827632 12/10/21 558.75 SECTION 8 HAPS Start Date End Date
12/15/2021 12/15/2021 14,349.82

PAYROLL
Pay period Start Date End Date Check Date
24 11/16/2021 11/29/2021 12/8/2021 2,512,303.21
GRAND TOTAL 3,576,255.03 $
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The following page(s) contain the backup material for Agenda Item: Introduction of an Ordinance of the City Council of the City of National City, California, amending the National City Municipal Code Title 2 – Administration by adding Section 2.02 – City Attorney. (City Attorney)
Please scroll down to view the backup material.
133 of 339

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: 1/18/2022 AGENDA ITEM NO.

ITEM TITLE:

Introductionof an Ordinance of the City Council of the City of NationalCity,California,amending the National City Municipal Code Title2 — Administrationby adding Section 2.02 — CityAttorney.

PREPARED BY: CharlesE.Bell,Jr.,CityAttorney DEPARTMENT: CityAttorey PHONE:4222 APPROVEDBY: 1
EXPLANATION:

On September 7, 2021, the CityCouncil directedstaffto draftan ordinance amending the NationalCity Municipal Code Title2 — Administration by adding Section 2.02 — City Attorney. An amendment will establishthe City Attorney'srole and authorityin the National City Municipal Code. Additionally,an amendment willbringthe City of National City in linewith the Cityof Carlsbad, Chula Vista,Encinitas, Escondido, San Diego, San Marcos, Santee, and Vista.These citiesalso have an internalCity Attorney Office.

FINANQIAL STATEMENT: APPROVED: Finance
ACCOUNT NO. APPROVED: MIS
ENVIRONMENTAL REVIEW:

This action does not constitutea projectunder CaliforniaEnvironmental QualityAct (CEQA) Guidelines Section 15378(b)(2).

ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Approving the introductionof an Ordinance of the CityCouncil of the Cityof NationalCity,California, amending the National City Municipa Code Title2 — Administration by adding Section 2.02 — City Attorney

BOARD ICOMMISSION RECOMMENDATION:

Not Applicable.

ATTACHMENTS:
. Ordinance

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ATTACHMENT B
ORDINANCE NO. 2022 -

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, ADDING SECTION 2.02 TO TITLE 2 OF THE NATIONAL CITY MUNICIPAL CODE RELATING ADMINISTRATION AND SHALL BE TITLED, "CITY ATTORNEY”

CITY ATTORNEY SUMMARY
This Ordinance adds regulations to the City’s municipal code “in that it adds” or “by adding” section 2.02 City Attorney to Title 2 – Administration.

WHEREAS, California Government Code Section 41801 provides that the City attorney shall advise the city officials in all legal matters pertaining to city business; and

WHEREAS, California Government Code Section 41803 further provides that the City attorney shall perform other legal services required from time to time by the legislative body; and

WHEREAS, the Office of the City Attorney will comply with the requirements of California Government Code Sections 41801-41805 and any other applicable laws.

TITLE 2 ADMINISTRATION

Section 2.02 – CITY ATTORNEY

2.02.010 Purpose and Authority

The City Attorney is established. The City Attorney shall be the Chief Legal Officer of the City and also serve as the City Prosecutor. The Office of the City Attorney and City Prosecutor shall be an entity separate and distinct from all other offices and departments. The City Attorney shall investigate and enforce City laws and regulations through office hearings and court proceedings, both civil and criminal. The City Attorney shall have the management and control of the Office of City Attorney and City Prosecutor subject to all applicable personnel ordinances, rules and regulations.

2.02.020 Appointment; Qualifications

The City Attorney shall be appointed by the Ci ty Council and shall serve at the pleasure of the City Council. The City Attorney shall be an attorney -at-law duly admitted to practice law in the State of California.

2.02.030 Powers and Duties

A. City Attorney Generally. In addition to the City Attorney' s general powers as the Chief Legal Officer of the City, and not as a limitation thereon, as the City's civil legal advisor the City Attorney shall:

1. Serve as the General Counsel of the Successor Agency to the Community Development Commission as the National City Redevelopment Agency, 135 of 339
2 ATTACHMENT B

the Parking Authority , the Housing Advisory Committee and the Joint Powers Financing Authority, as well as the subordinate commissions, boards, committees and advisory bodies of the City of National City;

2. Appoint and remove all such assistants, deputies, and clerical staff as the Council may authorize;

3. Oversee the City Risk Manager’s Administration of the City’s Liability Risk Management Program;

4. Have charge and control of all outside counsel engaged to advise the City Council and any officer or employee in all matters pertaining to their offices or duties, except as otherwise provided by law or legal ethics;

5. Advise the City Council and all City office rs and employees in all matters of law pertaining to their offices or duties, or select outside counsel to so advise such persons unless a different selection procedure has been adopted by the City Council;

6. Represent and appear for the City and all current and former City officers and employees in any or all civil actions or proceedings in which the City, or any current or former City officer or employee thereof by reason of an act or omission in the scope of officer's or employee's employment is concerned or is a party, or shall select outside counsel to so represent and appear for such persons;

7. Have charge and control of all civil actions and proceedings in which the City or any current for former City officer or employee is concerned or is a party by reason of an act or omission in the scope of his/her employment;

8. Approve the form of all bonds given to the City and all specifications, requests for proposals, and contracts made by the City;

9. Approve all proposed ordinances and resolutions for the City;

10. Attend all City Council meetings, unless excused by the City Council;

11. Attend such meetings of other boards and commissions of the City as the City Attorney deems appropriate or as the City Council may direct;

12. Perform such other duties relating to the office as shall be required of the City Attorney by law, ordinance, or the City Council; and

13. Perform all responsibilities of the City Attorney in conformity with the California Rules of Professional Conduct.

B. City Prosecutor Generally. In addition to the City Prosecutor's general powers under the laws of the State of California, and not as a limitation thereon, as the City's legal advisor on criminal prosecution, the City Attorney shall:

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3 ATTACHMENT B

1. Prosecute all misdemeanor and infraction offenses committed within t he City arising out of violations of the laws of the City, and, when authorized by the laws of this State, prosecute misdemeanor offenses committed within the City arising out of violations of the laws of the State of California;

2. Handle all appeals arising as a consequence;

3. Draw complaints for such misdemeanors and infractions and prosecute all recognizances of bail bond forfeitures arising from or resulting from the commission of such offenses;

4. Have the power to issue subpoenas in a like manner as the district attorney under the authority of California Government Code Section 41803.7;

5. Perform such other duties relating to such office as shall be required by law, ordinance, or the City Council; and

6. Perform all responsibilities of the City Prosecutor in conformity with California Rules of Professional Conduct, a prosecutor's duty of independence and impartiality, and with unrestricted prosecutorial discretion.

2.02.040 Records.

A. The City Attorney shall deliver all records, documents , and property of every description belonging to the Office of City Attorney and City Prosecutor or the City to the City Attorney's successor in office.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City, California, does ordain as follows:

SECTION 1. The foregoing recitals are true and correct.

SECTION 2. Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof. The City Council of the City of National City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses , or phrases be declared unconstitutional or invalid or ineffective.

SECTION 3. No Mandatory Duty of Care . This Ordinance is not intended to and shall not be construed or given effect in a manner which imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or property within the City or outside of the 137 of 339
4 ATTACHMENT B

City so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 4. Conflict. All ordinances and parts of ordinances in conflict herewith are repealed insofar as such conflict may exist.

SECTION 5. Effective Date. This ordinance shall be published pursuant to law and shall become effective thirty (30) days from the date of passage and adoption. Within fifteen (15) days following its adoption, the City Clerk shall publish the title thereof, as a summary as required by State Law.

INTRODUCED by the City Council on _______, 2022.

PASSED AND ADOPTED by the City Council of the City of National City, Stat e of California, on ______, 2022 by the following vote:

AYES:

NAYS:

ABSENT:

ABSTAIN:

__________________________
Alejandra Sotelo-Solis, Mayor
ATTEST:

__________________________
Luz Molina, City Clerk

APPROVED AS TO FORM:

_________________________
Charles E. Bell, Jr., City Attorney

138 of 339

The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, California authorizing the acceptance of the Emergency Connectivity Fund (ECF) grant from the Federal Communications Commission (FCC) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless service and the establishment of Library Grants Fund appropriations of $15,225.80 and corresponding revenue budget. (Library and Community Services) Please scroll down to view the backup material.
139 of 339

CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: January 18, 2022 AGENDAITEM NO.

ITEM TITLE:

Resolutionof the CityCouncil ofthe Cityof NationalCity,Californiaauthorizingthe acceptance ofthe EmergencyConnectivityFund (ECF) grantfrom the Federal Communications Commission (FCC) inthe amount of $15,225.80 tocover the costs associatedwith purchasing 25 laptopswith LTE wirelessserviceand the establishmentof Library Grants Fund appropriationsof $15,225.80 and corresponding revenue budget.

Joyce Ryan, Library& Community ServicesPREPARED BY: Director DEPARTMENT: Library& Community Services PHONE: 619-470-5882 APPROVED BY:

EXPLANATION:

This grant provides funding forlaptops and wireless serviceso thatthe librarycan provide these services as circulatingitems to NationalCity Public Librarypatrons who do not have thistechnology and service intheir homes. Although the laptops thatwillbe purchased through thisgrant funding willremain partof the Library's circulatingcollection,the funding forthe wireless service isonly allowed through the grant up to 6/30/22. Staffare exploringalternativefunding sources to enable wireless servicethrough the next fiscalyear.The funding provides forequipment charges of $10,517.81 and service charges of $493.50 per month through 6/30/22 plus one—time fees of $29.61. Please see attached staffreportforadditionalinformation.

FINANCIALSTATEMENT: APPROVED: “WW Finance
ACCOUNTno. APPROVED: ms[08-00000-3498 LibraryGrants
108-431-056-299-0000 ContractServiceslbrthemonthly servicechargesand theone-Iimc fees. |08—43l-056-502-0000 Computer Equipment fortheequipment chargest ENVIRONMENTAL REVIEW:

This actionisnot subjectto review under the CaliforniaEnvironmental QualityAct (CEQA).

ORDINANCE: INTRODUCTION: FINAL ADOPTION:

STAFF RECOMMENDATION:

Adopt the Resolution.

BOARD lCOMMISSION RECOMMENDATION:

Approved by the LibraryBoard of Trustees on January 5. 2022.

ATTACHMENTS:

1. StaffReport

2. Funding Commitment Decision Letter

3. Resolution

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City Council Staff Report

January 18, 2022

ITEM
Resolution of the City Council of the City of National City, California authorizing the acceptance of the Emergency Connectivity Fund (ECF) grant from the Federal Communications Commission (FCC) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless service and the establishment of Library Grants Fund appropriations of $15,225.80 and corresponding revenue budget.

BACKGROUND
The Emergency Connectivity Fund Program reimburses schools and libraries for the reasonable costs of eligible equipment and broadband connections used to help students, staff, and patrons who otherwise lack access to be able to engage in remote learning. Through this funding, students, staff, and patrons who would otherwise lack access will benefit during the COVID-19 health emergency with this funding that provides off-site broadband service and connected devices. The grant will reimburse reasonable costs of eligible equipment such as Wi-Fi hotspots, modems, routers, and devices that combine a modem and router, connected devices, and eligible broadband connections.

EXPLANATION
The National City Public Library applied for a competitive Emergency Connectivity Fund (ECF) Grant through the Federal Communications Commission. This grant provides funding for laptops and wireless service so that the library can provide these services as circulating items to National City Public Library patrons who do not have this technology and service in their homes.

Although the laptops that will be purchased through this grant funding will remain part of the Library’s circulating collection, the funding for the wireless service is only allowed through the grant up to 6/30/22. Staff are exploring alternative funding sources to enable wireless service through the next fiscal year. The funding provides for equipment charges of $10,517.81 and service charges of $493.50 per month through 6/30/22 plus one-time fees of $29.61.

This grant will assist patrons who might not have economic resources to obtain laptops and wireless Internet access for use outside of the Library. The lending policy for Library laptops and hotspots already exists and has been approved by the Board of Library Trustees. This program will be promoted through the Library website and through National City social media in both English and Spanish.

RECOMMENDATION
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Staff Report – Resolution Authorizing Acceptance of Emergency Connectivity Fund Grant January 18, 2022

Adopt a resolution authorizing the acceptance of the Emergency Connectivity Fund (ECF) grant from the Federal Communications Commission (FCC) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless service and the establishment of Library Grants Fund appropriations of $15,225.80 and corresponding revenue budget.

FISCAL IMPACT
Adoption of the resolution will approve the acceptance of grant funds in the amount of $15,225.80 for laptops and wireless service.

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November 8, 2021
ECF Funding Commitment Decision Letter
2021
Contact Information:

Joyce Ryan

NATIONAL CITY PUBLIC LIBRARY
1401 NATIONAL CITY BLVD
NATIONAL CITY CA 91950 - 3314
[email protected]
ECF FCC Form 471: ECF202110599
BEN: 143625
Obligation File: 4
Application Nickname: NCPL CONNECTS!
Totals
Total Committed $15,225.80
What is in this letter?
Thank you for submitting your Emergency Connectivity Fund (ECF) funding application.

Attached to this letter, you will find the funding statuses for the ECF FCC Form(s) 471, Services Ordered and Certification Form, referenced above.

The Universal Service Administrative Company (USAC) is sending letters to both the associated applicant and the service provider(s) so that you can work together to complete the funding process.

Next Steps
Submit Requests for Reimbursement to the Emergency Connectivity Fund (ECF) Portal.1 The Commission in the Emergency Connectivity Fund Report and Order provided two ways for applicants to be able to invoice for eligible equipment and services through the Emergency Connectivity Fund Program.2 Applicants and service providers, who agree to invoice on behalf of the applicant(s), are allowed to submit ECF Program requests for reimbursement. _______________________________________________________________________________________________________________________ 1 The Emergency Connectivity Fund Report and Order directed USAC to make the invoicing system available 15 days after the issuance of the first wave of commitments for the Emergency Connectivity Fund Program. Establishing the Emergency Connectivity Fund to Close the Homework Gap, WC Docket No. 21-93, Report and Order, FCC 21-58, para. 98 (rel. May 11, 2021) (Emergency Connectivity Fund Report and Order) If your funding commitment was released as part of the first wave, you may need to wait 15 days prior to submitting your request for reimbursement. USAC will announce when the invoicing system is available and requests for reimbursement can be submitted.
2 Emergency Connectivity Fund Report and Order, at para.93. 143 of 339
BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
• If you (the applicant) are invoicing: After receiving the ECF-supported eligible equipment and/or services, you will file the ECF FCC Form 472, the Billed Entity Applicant Reimbursement (BEAR) Form to invoice for reimbursement of the ECF-supported eligible equipment and/or services. If you request reimbursement prior to paying your service provider(s), you will be required to provide verification that you paid your service provider(s) within 30 days of receipt of funds. • If your service provider(s) is invoicing: The service provider(s) must provide the ECF-supported eligible equipment and/or services and then file the ECF FCC Form 474, the Service Provider Invoice (SPI) form, to invoice for reimbursement for the ECF-supported eligible equipment and/or services provided.

Applicants and service providers, who agree to invoice on behalf of the applicant(s), must provide invoices detailing the items purchased, along with the requests for reimbursement. In general, any request for reimbursement submitted without the necessary information will be rejected with an explanation as to the deficiency, and the funding recipient will need to timely resubmit its invoice submission in order to receive reimbursement.

Notice on Rules and Requirements
The applicants’ receipt of funding commitments is contingent on their compliance with all federal, statutory, regulatory, and procedural requirements of the ECF Program and the FCC’s rules. This also includes the certifications under penalty of perjury contained in their funding application(s). Funding recipients are subject to audits and other reviews that the Commission and other appropriate authorities may undertake periodically to ensure that committed funds are being used in accordance with such requirements and for their intended purpose. Please see paragraphs 116-134 of the Commission’s Emergency Connectivity Fund Report and Order for more information regarding the Program’s documentation, certification, and audit requirements.

As referenced in paragraph 101 of the Emergency Connectivity Fund Report and Order, attached to this letter is the full text of Appendix A to 2 CFR Part 170, which provides additional information about the reporting requirements for reporting executive compensation (through https://www.sam.gov) and subaward activity (through http://www.fsrs.gov) under the Federal Funding Accountability and Transparency Act of 2006 as amended by the Digital Accountability and Transparency Act of 2014 (collectively the Transparency Act or FFATA/DATA Act) for award and subaward payments that equal or exceed $30,000.

On behalf of the FCC, USAC may be required to reduce or cancel funding commitments that were not issued in accordance with these requirements, whether due to action or inaction of USAC, the applicant, or the service provider. The Commission and other appropriate authorities may pursue enforcement actions and other means of recourse to collect improperly disbursed funds.

How to Appeal or Request a Waiver of a Decision
You can appeal or request a waiver of a decision in this letter within 30 calendar days of the date of this letter. Failure to meet this deadline will result in an automatic dismissal of your appeal or waiver request.

Please note that this is shorter than the deadline for appeals in the E-Rate Program.

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BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
Note: The Federal Communications Commission (FCC) will not accept appeals of ECF Program decisions that have not first been submitted and addressed in the Emergency Connectivity Fund (ECF) Portal. However, if you are seeking a waiver of ECF Program rules, you must submit your request directly to the FCC and not in the ECF Portal. Waivers of the ECF Program rules cannot be addressed within the ECF Portal.
• To submit an appeal that is not a waiver, visit the Appeals section in the Emergency Connectivity Fund (ECF) Portal and provide the required information. USAC will reply to your appeal submissions to confirm receipt. Visit the ECF Program's website for additional information on submitting an appeal, including step-by-step instructions.
• To request a waiver of the FCC’s rules, please submit your request to the FCC in proceeding number WC Docket No. 21-93 using the Electronic Comment Filing System (ECFS). Include your contact information, a statement that your filing is a waiver request, identifying information, the FCC rule(s) for which you are seeking a waiver, a full description of the relevant facts that you believe support your waiver request and any related relief, and any supporting documentation.

For all appeals and waivers, be sure to keep a copy of your entire appeal or waiver document, including any correspondence and documentation, and provide a copy to the affected service provider(s).

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BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
ECF Funding Commitment Decision
Overview
2021
Funding Commitment Decision Overview
Funding Request
Number (FRN)
Service Provider Name Amount
Requested
Amount
Committed
Status
ECF2190018540 Omnipro LLC $11,306.25 $10,517.81 Funded
ECF2190018740 T-Mobile USA, Inc. $6,277.32 $4,707.99 Funded November 8, 2021 4
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BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
FRN
ECF2190018540
Service Type
Equipment
Status
Funded
Dollars Committed
Monthly Cost One-time Cost
Months of Service 9
Total Eligible Recurring Charges $0.00 Total Eligible One Time Charges $10,517.81 Total Charges $11,306.25
Committed Amount $10,517.81
Dates
Service Start Date 10/1/2021
Service End Date 6/30/2022
Service Delivery Date 6/30/2022
Invoice Deadline Date 8/29/2022
Service Provider Information
Service Provider Omnipro LLC
SPIN (498ID) 143052769
Consultant Information
Consultant Name
Consultant's Employer
CRN
Funding Commitment Decision Comments
MR1: The amount of the funding request was changed from $10,517.81 to $10,517.81 to reflect the correct number of months of service, 9; based on the service start date October 1, 2021.

MR2: The amount of the funding request was changed from $11,306.25 to $10,517.81 to remove ineligible item:

Lenovo AO-SNP-L100E-MTK Shield Case and related taxes.

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BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
FRN
ECF2190018740
Service Type
Services
Status
Funded
Dollars Committed
Monthly Cost One-time Cost
Months of Service 9
Total Eligible Recurring Charges $4,707.99 Total Eligible One Time Charges $0.00 Total Charges $6,277.32
Committed Amount $4,707.99
Dates
Service Start Date 10/1/2021
Service End Date 6/30/2022
Service Delivery Date 6/30/2022
Invoice Deadline Date 8/29/2022
Service Provider Information
Service Provider T-Mobile USA, Inc.

SPIN (498ID) 143026181
Consultant Information
Consultant Name
Consultant's Employer
CRN
Funding Commitment Decision Comments
MR1: The amount of the funding request was changed from $6,277.32 to $4,707.99 to reflect the correct number of months of service, 9; based on the service start date October 1, 2021.

MR2: The Download Bandwidth speed on this FRN was modified for Mobile Broadband from 0.1 Mbps to 12 Mbps and the Upload Bandwidth speed from 0.1 Mbps to 5 Mbps to agree with the applicant documentation.

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BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
Appendix A to Part 170—Award Term
I. Reporting Subawards and Executive Compensation
a. Reporting of first-tier subawards.

Applicability. Unless you are exempt as provided in paragraph d. of this award term, you must report each action that equals or exceeds $30,000 in Federal funds for a subaward to a non-Federal entity or Federal agency (see definitions in paragraph e. of this award term).

2. Where and when to report.
i. The non-Federal entity or Federal agency must report each obligating action described in paragraph a.1. of this award term to http://www.fsrs.gov. ii. For subaward information, report no later than the end of the month following the month in which the obligation was made. (For example, if the obligation was made on November 7, 2010, the obligation must be reported by no later than December 31, 2010.)

3. What to report. You must report the information about each obligating action that the submission instructions posted at http://www.fsrs.gov specify.
b. Reporting total compensation of recipient executives for non-Federal entities.

1. Applicability and what to report. You must report total compensation for each of your five most highly compensated executives for the preceding completed fiscal year, if— i. The total Federal funding authorized to date under this Federal award equals or exceeds $30,000 as defined in 2 CFR § 170.320;
ii. in the preceding fiscal year, you received—
(A) 80 percent or more of your annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards), and
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards); and,
iii. The public does not have access to information about the compensation of the executives through periodic reports filed under sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. §§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report executive total compensation described in paragraph b.1. of this award term:
i. As part of your registration profile at https://www.sam.gov ii. By the end of the month following the month in which this award is made, and annually thereafter. c. Reporting of Total Compensation of Subrecipient Executives.

1. Applicability and what to report. Unless you are exempt as provided in paragraph d. of this award term, for each first-tier non-Federal entity subrecipient under this award, you shall report the names and total compensation of each of the subrecipient's five most highly compensated executives for the subrecipient's preceding completed fiscal year, if—
i. in the subrecipient's preceding fiscal year, the subrecipient received— (A) 80 percent or more of its annual gross revenues from Federal procurement contracts (and subcontracts) and Federal financial assistance subject to the Transparency Act, as defined at 2 CFR § 170.320 (and subawards) and,
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BEN Name: NATIONAL CITY PUBLIC

LIBRARY
ECF FCC Form 471: ECF202110599
BEN: 143625 Obligation File: 4
(B) $25,000,000 or more in annual gross revenues from Federal procurement contracts (and subcontracts), and Federal financial assistance subject to the Transparency Act (and subawards); and
ii. The public does not have access to information about the compensation of the executives through periodic reports filed under sections 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C.§§ 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S. Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm.)

2. Where and when to report. You must report subrecipient executive total compensation described in paragraph c.1. of this award term:
i. To the recipient.
ii. By the end of the month following the month during which you make the subaward. For example, if a subaward is obligated on any date during the month of October of a given year (i.e., between October 1 and 31), you must report any required compensation information of the subrecipient by November 30 of that year.
d. Exemptions.

If, in the previous tax year, you had gross income, from all sources, under $300,000, you are exempt from the requirements to report:
i. Subawards, and
ii. The total compensation of the five most highly compensated executives of any subrecipient. e. Definitions. For purposes of this award term:

1. Federal Agency means a Federal agency as defined at 5 U.S.C. § 551(1) and further clarified by 5 U.S.C. 552(f).

2. Non-Federal entity means all of the following, as defined in 2 CFR part 25:
i. A Governmental organization, which is a State, local government, or Indian tribe; ii. A foreign public entity;
iii. A domestic or foreign nonprofit organization; and
iv. A domestic or foreign for-profit organization

3. Executive means officers, managing partners, or any other employees in management positions.

4. Subaward:
i. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient.
ii. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see 2 CFR § 200.331). iii. A subaward may be provided through any legal agreement, including an agreement that you or a subrecipient considers a contract.

5. Subrecipient means a non-Federal entity or Federal agency that:
i. Receives a subaward from you (the recipient) under this award; and ii. Is accountable to you for the use of the Federal funds provided by the subaward.

6. Total compensation means the cash and noncash dollar value earned by the executive during the recipient's or subrecipient's preceding fiscal year and includes the following (for more information see 17 CFR § 229.402(c)(2)).
[2 CFR Part 170; 85 FR 49526, Aug. 13, 2020]
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ,

CALIFORNIA, AUTHORIZING THE ACCEPTANCE OF THE EMERGENCY

CONNECTIVITY FUND (ECF) GRANT FROM THE FEDERAL COMMUNICATIONS COMMISSION (FCC) IN THE AMOUNT OF $15,225.80 TO COVER THE COSTS ASSOCIATED WITH PURCHASING 25 LAPTOPS WITH LTE WIRELESS SERVICE

AND THE ESTABLISHMENT OF LIBRARY GRANTS FUND APPROPRIATI ONS OF $15,225.80 AND CORRESPONDING REVENUE BUDGET

WHEREAS, this grant will assist the National City Public Library in providing adult patrons who might not have economic resources t o obtain laptops and wireless in ternet access for use outside of the Library; and
WHEREAS, the lending policy for Library laptops and hotspots already exists in English and Spanish and has been approved by the Board of Library Trustees; and WHEREAS, on November 8 , 2021, a grant in the amount of $1 5,225.80 was awarded to the City of National City Public Library to cover the costs associated with the purchase of 25 laptops with wireless service; and
WHEREAS, City staff recommends authorizing the acceptance of the Emergency Connectivity Fund (“ECF”) grant from the Federal Communications Commission (“FCC”) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless service and the establishment of Library Grants Fund appropriations of $15,225.80 and corresponding revenue budget.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: That the City Council hereby authorizes the acceptance of the Emergency Connectivity Fund (ECF) grant from the Fede ral Communications Commission (FCC) in the amount of $15,225.80 to cover the costs associated with purchasing 25 laptops with LTE wireless service and the establishment of Library Grants Fund appropriations of $15,225.80 and corresponding revenue budget.

Section 2: That the City Clerk shall certify to the passage and adoption of this Resolution and enter it into the book of original Resolutions.

Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

//
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Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor

ATTEST:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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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, California: 1) Authorizing the Display of Artwork in the City Hall Council Chamber and 2) Approving the Installation of Artwork by Artist Francisco Morales in the City Hall Council Chamber. (Library and Community Services) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
MEETING DATE: January 18, 2022 AGENDA ITEM NO.:

ITEM TITLE: ,
Resolution of the City Council of the Cityof National City,California,1) Authorizing the Display of Artwork inthe CityHallCouncil Chamber and 2) Approving the Installationof Artwork by ArtistFrancisco Morales inthe CityHallCouncil Chamber.

MEX! Joyce Ryan DEPARTMENT: LibLary&Co--)munityServices PHONE: 619-470-5882 APPROVEDBY: ‘ .,
EXPLANATION: J
Please see attached staffreport

FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT No. APPROVED: MIS
No Fiscal Impact — there isno fiscalimpact associated with the report.

ENVIRONMENTAL REVIEW:

No CEQA Exemption - This actionisnot subjectto review under the CaliforniaEnvironmental Quality Act(CEQA).

ORDINANCE: mmonucnou FINALADOPTION

STAFF RECOMMENDATION:

Staffrecommends thatthe City Council approve the reso utionauthorizingthe displayof artwork inthe City Council Chamber located in City Hall;and approving the installationof Artwork by ArtistFrancisco Morales.

BOARD / COMMISSION RECOMMENDATION:

Approved by the PublicArt Committee at a Special Meeting Tuesday, November 16, 2021; approved by unanimous vote.

ATTACHMENTS:

1. StaffReport withArtwork Images

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City Council Staff Report

January 18, 2022

ITEM
Staff recommends that the City Council adopt the resolution authorizing the display of artwork in the City Council Chamber located in City Hall; and approving the installation of Artwork by Artist Francisco Morales.

BACKGROUND
In 2016, the Council Chamber located inside City Hall underwent a substantial renovation updating the facility, and staff believes the addition of artwork would add the finishing touch to the upgrade. The Public Art Committee has partnered with the City Manager, A Reason To Survive (ARTS) staff and artist Francisco Morales to incorporate artwork into the City Hall Council Chamber and to bring the City’s Core Values (7 C’s) to life.

EXPLANATION
It is common for a municipality to use City Hall and Council Chambers to incorporate artwork throughout as a reflection of the communities they serve. Art installations may be permanent (such as a mural) or an art exhibition that focuses different artists in a rotation. The cities of Santa Rosa, Los Gatos and Richmond are examples of this trend. The artwork suggested for the National City Council Chamber project consists of a wallpaper soffit design, walls in the rear of the room painted a solid color and framed historical photographs with geometric overlays. With this resolution, staff recommend that the City Council consider allowing artwork to be displayed within the City Council Chamber.

Artist Morales used various media including historical maps and photographs, children’s artwork and the City’s Core Values, also known as the “7 C’s,” to create a cohesive and aesthetically pleasing artistic vision of the community.

The proposal includes painting the walls located in the rear of the chamber a solid color. The first piece of art includes original drawings made by children participating in the National City’s 2021 Summer Camps at A Reason to Survive. The artist has incorporated the drawings, along with historical maps into the wallpaper design to be installed on the soffit in the Council Chamber.

For the second art piece, the artist researched photographs in the Morgan Local History Room at the National City Public Library. After researching their photographic archives, the artist selected a group of images that represent the diversity of the city’s population as well as their history. The Artist overlay includes these photographs with geometrical color shapes that represent the present and the future. The photographs would be printed on fine art photographic 155 of 339

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Staff Report – Approval of Artwork for City Hall Council Chambers January 18, 2022

paper and professionally framed to install within the Council Chambers. The Artist would create several different images to rotate over time allowing visitors to City Hall an opportunity to view a variety of local historical photographs.

During this project and corresponding research, staff envision this as an opportunity to reach out to the community. The National City Public Library staff are working towards holding a future program in which community members could submit photographs that could be included in the historical collection.

The Public Art Committee held a Special Meeting on Tuesday, November 16, 2021, to take a final vote on Artist Morales’ artwork. This was the third time he had presented his artistic vision to the committee. In a unanimous vote, committee members voted to recommend the artwork be presented to the City Council for approval.

ARTIST BIO
Pablo Francisco Morales, originally from Mexico City, currently resides and works in San Diego, California. He is a composer and multimedia artist whose work has been presented internationally and seen in the United States, Mexico, France, Colombia, and Italy. He creates music, sound and multimedia installations, interventions, and performances. Mr. Morales is the current director at The FRONT Arte & Cultura, a transnational arts space in San Ysidro, California (https://thefront.casafamiliar.org/).

ARTIST STATEMENT
My work is driven by a deep observation of the culture I live in, the social interactions and everyday situations. I strive to start a conversation with the audience concerning relevant issues of our time. Art, community, society, technology and science blend together in my practice.

RECOMMENDATION
Staff recommends that the City Council of the City of National City adopt the resolution authorizing the display of artwork in the City Hall Council Chamber located in City Hall; and approving the installation of Artwork by Artist Francisco Morales.

FISCAL IMPACT
Approval of this agenda item will have no fiscal impact on the General Fund.

The costs of the project are included in the ARTS program per the agreement between the City and ARTS approved by City Council December 7, 2021, that included a requirement to deliver $125,000 in public/capital art programs and projects per year.

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Staff Report – Approval of Artwork for City Hall Council Chambers January 18, 2022

City Hall Council Chambers Artwork

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Staff Report – Approval of Artwork for City Hall Council Chambers January 18, 2022

Possible Images for Back Wall Framed Photographs

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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA, 1.) AUTHORIZING THE DISPLAY OF ARTWORK IN THE CITY HALL COUNCIL CHAMBER AND 2.) APPROVING THE INSTALLATION OF ARTWORK BY

ARTIST FRANCISCO MORALES IN THE CITY HALL COUNCIL CHAMBER

WHEREAS, in 2016, the Council Chamber located inside City Hall underwent a substantial renovation updating the facility; and
WHEREAS, one of the goals of the City of National City (“City”) General Plan is to develop a cultural arts program that encourages and facilitates the development of art in public spaces and promotes greater awareness of architectural, urban design, and t he cultural heritage of the City; and
WHEREAS, the Public Art Co mmittee has partnered with the City Manager, A Reason To Survive (“ARTS”) staff and artist Francisco Morales to incorporate artwork into the City Hall Council Chamber and to bring the City’s Core Values (“7 C’s”) to life; and WHEREAS, it is increasingly co mmon for a municipality to use City Hall and Council Chambers to incorporate artwork throughout as a reflection of the communities they serve; and
WHEREAS, the Public Art Committee voted unanimously to accept artist Francisco Morales’ design in a Special Meeting held on November 16, 2021.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Authorizes the Display of Artwork in the National City - City Hall Council Chambers.

Section 2: Approves the Installation of Artwork by Artist Francisco Morales in the National City - City Hall Council Chambers.

Section 3: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///
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Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor

ATTESTS:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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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, California accepting the report and recommendation of the appointed Proposition “D” Independent Review Committee to maintain the City of National City District Transactions & Use Tax at the current rate of 1% for the next five years, pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code. (Finance)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

RECOMMENDATION:

ATTACHMENTS:
___________________
________________
January 18, 2022
Resolution of the City Council of the City of National City accepting the report and recommendation of the appointed Proposition “D” Independent Review Committee to maintain the City of National City District Transactions & Use Tax at the current rate of 1% for the next five years, pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code.

Finance
In June, 2006, the voters of the City of National City approved a one percent (1%) district transactions & use tax. The tax included the requirement that “every fifth year” an independent committee of financial experts would be convened for the purpose of making a recommendation to the Mayor and City Council as to whether the tax shall remain in effect at the rate of one percent, be reduced to a lesser rate, or be terminated.

The Fiscal Year 2022 Independent Committee, consisting of Ray Major from SANDAG, Meya Alomar from the City of Chula Vista, and Dr. Sherry Ryan from the San Diego State University School of Public Affairs, serving as the committee chair, held a series of three public meetings during October and November 2021 and launched an extensive review of the City’s financial records. Having done so, the committee now brings forward its report and recommendation pursuant to the voter approved ballot initiative and Section 4.160.180 of the City of National City Municipal Code. Ultimately, the Committee recommends maintaining the district transactions & use tax at the current rate of 1% for the next five years.

Molly Brennan

1. Proposition “D” Independent Review Committee Report & Attachments

2. Resolution
This is not a project and, therefore, not subject to environmental review.

FINAL ADOPTION:

APPROVED: ________________ MIS
If City Council agrees with the Committee’s recommendation, there will be no change to the City’s financial position.

Adopt a Resolution accepting the report and recommendation of the Proposition D Independent Finance Committee.

619-336-4265
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To: City Council of the City of National City

From: Proposition “D” Independent Evaluation Committee Date: 11/30/2021
Re: Report and Recommendations on Proposition “D”

Facts & Background
2006 – Proposition “D” Tax Measure passed by voters
On June 6, 2006, National City voters passed Proposition “D”, a one percent transactions & use tax (“transactions & use tax”) measure that imposed a transactions tax for up to ten years to fund City services, facilities, and programs. Proposition “D” requires that “every five years, the Mayor, with approval of the City Council, shall appoint an independent committee comprised of three experts in financial matters, who will report their (sic) recommendations to the Mayor and City Council as to whether the transaction and use tax should remain in effect at the rate of one percent, or whether the City Council should reduce the rate of tax or terminate the imposition of the tax.”

2011 – Recommendation of the Proposition “D” Independent Evaluation Committee

In 2011, the first Proposition “D” Independent Evaluation Committee (“Committee”) was formed and asked to evaluate and offer a recommendation to the Mayor and City Council pursuant to the covenants of the tax measure. Based on the economic environment at the time and revenue and expenditure projections, the Committee recommended that the transactions & use tax be continued at the current rate.

2014 – Continuation of the Proposition “D” Tax passed by voters

In 2014, with the expiration of the original transactions & use tax on the horizon and the impacts of economic events outside the control of the City, including the global recession and financial crisis, the dissolution of Redevelopment, and the continued take-aways by the State of California further straining the City’s already tight budget, the City Council approved to place the Continuation of City Services Funding Measure on the November 2014 ballot. Voters approved this measure on November 4, 2014. The Continuation Measure kept intact the provision that an independent committee be appointed to make recommendations about the tax rate.
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2 2016 – The 2016 Proposition “D” Independent Evaluation Committee

In 2016, a Proposition “D” Independent Evaluation Committee (“Committee”) was formed and asked to evaluate and offer a recommendation to the Mayor and City Council pursuant to the covenants of the tax measure. Based on the economic environment at the time and revenue and expenditure projections, the Committee recommended that the transactions & use tax be continued at the current rate.

2021 – The 2021 Proposition “D” Independent Evaluation Committee The 2021 Proposition “D” Independent Evaluation Committee began its work on October 7, 2021. At its initial meeting, the Committee received presentations from Molly Brennan, the City’s Administrative Services Director, and from the City Manager, Brad Raulston. The presentations provided an overview of the status of the City’s revenue and expenses over the previous decade as well as some forecast financial information.

During the course of two committee meetings, dated October 7, 2021 and November 2, 2021, the committee received presentations from city staff covering the following topics:

 General fund financials
 Personnel statistics
 Pension plans, including the City’s annual unfunded accrued liability (UAL) payment, which has increased over the last five years, and is expected to increase if CalPERS approves a discount rate reduction
 Pension obligation bonds, including how an increased term and size may reduce the annual payment
 Reserve policy and reserve amounts
 Overview of the current capital improvement program
 Comparison of the five-year financial outlook with and without transactions and use tax revenues, including the potential impacts of each scenario  Presentation by Mayor Sotelo-Solis on her vision of the City’s future, including inclusive community engagement while effectively carrying out key governmental functions  Economic development presentation of the City’s plans to innovatively build up local businesses

Based on the information provided by city staff, the Committee recommends to continue the transactions & use tax at the current rate of one percent.

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3 Some of the key factors the Committee considered in making this recommendation include the following:

1) Revenue is expected to
decline in the coming year.

Revenue grew over the period
from 2012 to 2019 but has
declined since 2019, and is
forecast to continue declining
through the year 2022 (see
Figure 1).

2) Expenditures have been
growing over previous
years. Expenditures have also
grown over the period from
2012 to 2021, and are forecast
to decrease in 2022 (see
Figure 2).

3) The 1% tax is needed to maintain
the City’s fiscal health. Figure 3
shows how revenue and
expenditures balance. Between
2012 and 2016, revenue exceeded
expenditures. Beginning in 2017,
expenditures exceeded or were
almost equivalent with revenues
through the year 2020.

Figure 1: Revenue
Figure 2: Expenditures
Figure 3: Budget Balancing
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4 The City of National City continues to manage expenditures and revenues. City management have worked diligently on identifying economic development opportunities, such as consideration of a local cannabis industry, developing the Bayfront, and attracting and developing a new CarMax. The Committee is impressed with City management’s proactive attitudes and actions in relation to the City’s fiscal health.

Based on the information provided over the course of three meetings (see attached PowerPoints delivered by City staff), the Committee believes that City staff place an extremely high value on fiscal prudence and responsibility. When considering the rising costs of local service provision, the decline in revenues, and the due diligence exhibited by City staff, the Committee finds that continuation of the transactions and use tax at its current level is the most reasonable recommendation.

ATTACHMENTS:

Attachment 1: 10.7.2021 Prop D Committee Presentation
Attachment 2: 11.2.2021 Prop D Committee Presentation
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October 7, 2021
2021 PROP D INDEPENDENT

REVIEW COMMITTEE
Attachment 1
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Pledge of Allegiance
2|
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Agenda
• Introductions
• Proposition D Background
• Committee Role
• Selection of Chair
• General Fund Financial Overview Presentation
• Data Requests & Questions
• Schedule November & December meetings
3|
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Introductions
•C i t y S t a f f
• B rad Raulston, City Manager
•
Molly Brennan, Administrative Services Director
•
Paul Valadez, Budget Manager
• Committee Members
• Dr. Sherry Ryan
•R a y M a j o r
• Meya Alomar
4|
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Proposition D
Background
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Proposition D History
• In June 2006, National City voters passed Prop D, a 1% district transactions and use tax for
a period of 10 years
• Transaction and Use Tax
• Applies to merchandise that is delivered in the City
• Typically applied the same as the Bradley-Burns 7.25% statewide Sales and Use Tax • Tax rate for sale or lease of vehicle, vessel, or aircraft based on rate where the property will be registered
• Permissible uses of tax revenue
• “The revenue of the tax shall be deposited in the city’s general fund and may be used for any legal municipal purpose.” National City
municipal code §4.60.130
6|
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Proposition D History
• In November 2014, National City voters passed a 20 years extension of Prop D
• Passed with 67% voter support
• Sunset date 2036
• 2014 ballot language
• “National City Continuation of City Services Funding Measure. To maintain National City’s public safety and prevent cuts to neighborhood police patrols and officers; gang/drug prevention; 911 emergency response; fire protection and firefighters; graffiti removal; street/pothole repair; senior/youth/library program; and other City service.” 7|
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Proposition D History
Main Drivers of Financial Need:
• Prop 13
• State redirection of municipal revenue to school districts • G
reat Recession
• CPI, cost of doing business, grew while revenues dropped • Property values took over 10 years to recover
• State’s dissolution of redevelopment agencies
• Increased cost of providing core services
8|
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Proposition D History
9|
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Proposition D History
Main Drivers of Financial Need
• Increased cost of providing core services
• CPI-U for San Diego has grown 33% since Prop D
• Personnel costs
• CalPERS 10% annual increases for last 10 years
• Police MOU ties wage to regional ranking between second and third public agency in County • Current compensation of all other employees is below median for San Diego cities 10 |
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7 C’s Pledge
We Pledge to Provide Customer Service
through a Culture of…
Courtesy
We treat everyone with dignity and respect.

Collaboration
We work to achieve common goals and value our differences.

Communication
We communicate openly, honestly, and with clear, consistent messages. with a Commitment to Our Community!
11 |
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Committee Role
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Independent Committee
“Every five years, the mayor, with approval of the city council, shall appoint an independent committee comprised of three experts in financial matters, who will report their recommendations to the mayor and city council as to whether the transaction and use tax should remain in effect at the rate of one percent, or whether the city council should reduce the rate of tax or terminate the imposition of the tax pursuant to Section 4.60.170 of this chapter.” National City municipal code § 4.60.180
13 |
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Your Role
• Review the City’s General Fund financials to determine what the district transactions
and use tax rate should be for the next five years, fiscal year 2023- 2027
• Document the recommendation regarding the tax rate in a report to City Council • City Council will consider the recommendation in early 2022 14 |
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Timeline
• Today:
• Presentation of General Fund Financials
• Discussion and direction
• November meeting:
• Deeper dive into main drivers of General Fund revenue and expenditures, such as pension, personnel, and economic development
•
Any necessary follow-up from questions or additional data requests • Discuss recommendation and report
• December meeting:
• Any final follow-up from questions or additional data requests • Finalize recommendation and report
15 |
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Chair Selection
Committee members select a Chair from amongst themselves to lead the meetings 16 |
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General Fund Financial
Overview
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Background
• Incorporated in 1887
• 62,000+ population
• 9.12 sq. miles
• 2,000+ businesses
• National City Marine Te
rminal & Port
of San
Diego
• 87.2 acres of City park land
• F
ull service City with approximately
400 employees
18 |
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Historical Revenue Trends
• Sales tax receipts grew an average of 5.2% per year from FYs 12-19 before falling,
while property taxes grew an average of 4% over that same period & are
expected to see modest continued growth through FY 22
19 Projected
$-
$10
$20
$30
$40
$50
$60
$70
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Millions
Sales and Use Taxes Property Taxes Other Taxes
Other Revenues Police & Fire Services Provided Licenses and Permits 185 of 339
General Fund
Revenue per
Capita
Benchmark
FY19-20 Population
2020
Total General
Fund Revenue
Revenue per
Capita
Lemon Grove 26,526 15,366,235 $ 579.29
Escondido 153,008 104,332,329 $ 681.87
El Cajon 104,393 80,741,211 $ 773.44
Imperial Beach 28,055 21,958,946 $ 782.71
Chula Vista 272,202 214,009,616 $ 786.22
San Marcos 97,209 77,670,594 $ 799.01
National City w/o TUT 62,099 50,031,733 $ 805.68
Santee 57,999 48,689,237 $ 839.48
La Mesa 59,966 52,161,674 $ 869.85
Vista 102,928 91,218,676 $ 886.24
Oceanside 177,335 164,296,835 $ 926.48
San Diego 1,430,483 1,356,987,000 $ 948.62
National City 62,099 61,854,451 $ 996.06
Poway 49,338 49,817,020 $ 1,009.71
Encinitas 62,183 79,840,356 $ 1,283.96
Carlsbad 114,463 166,346,239 $ 1,453.28
Solana Beach 13,838 22,738,060 $ 1,643.16
Coronado 21,381 60,381,139 $ 2,824.06
Del Mar 4,268 18,862,045 $ 4,419.41
20 |
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Revenue Trends
21 2%
3%
4%
4%
6%
23%
58%
FY22 General Fund Revenue by Source
Licenses and Permits
Transient Lodging Tax
Franchise Taxes
Police & Fire Services Provided
Other Revenues
Property Taxes
Sales and Use Taxes
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Revenue Trends
22 2%
3%
4%
4%
6%
23%
22%
36%
FY22 General Fund Revenue by Source
Licenses and Permits
Transient Lodging Tax
Franchise Taxes
Police & Fire Services Provided
Other Revenues
Property Taxes
District Transactions & Use Tax
Sales and Use Taxes
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Sales Tax by Category
23 |
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Sales Tax Revenue History
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
District TUT
Sales & Use Tax
24 |
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Revenue Trends
25 2%
3%
4%
4%
6%
23%
58%
FY22 General Fund Revenue by Source
Licenses and Permits
Transient Lodging Tax
Franchise Taxes
Police & Fire Services Provided
Other Revenues
Property Taxes
Sales and Use Taxes
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Property Tax Revenue
5%
7%
7%
28%
53%
FY22 Taxable Assessed Property Values by Category
Unsecured
Industrial
Other
Commerical
Residential
26 |
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Property Tax Trends
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
$450,000
$500,000
National City Detached Single Family Residential Sales
Average Price Median Price27 |
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Property Tax Trends
993,265
469,682
400,921
322,430
290,826
234,460
195,012
148,975
147,426
133,593
125,447
122,668
119,044
116,573
100,912
92,815
90,820
74,249
TOTAL ASSESSED VALUE PER CAPITA FY21
28 |
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Historical Expenditure Trends
• Total personnel costs (salaries, overtime, worker’s comp, health insurance, CalPERS, OPEB, other)
will comprise 68% of FY 22 expenses
• Personnel expenditures have grown an average of 7.3% annually. Salaries an average
of 4.6% per year & CalPERS costs an average of 10.3% over that same period
29 Projected
$-
$10
$20
$30
$40
$50
$60
$70
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Millions
Personnel Internal Services O & M CIP Other Debt Service 195 of 339
Expenditure by Department
3%
5%
7%
7%
10%
19%
49%
FY22 General Fund Expenditures by Department
Community Services
Community Development
Engineering & Public Works
Other
Administration
Fire
Police
30 |
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Historical Fund Balance
31 $0
$10
$20
$30
$40
$50
$60
$70
2012 2013 2014 2015 2016 2017 2018 2019 2020
Millions
Total Revenues Total Expenditures Unassigned General Fund Balance 197 of 339
Historical Fund Balance without TUT
32 -$80
-$60
-$40
-$20
$0
$20
$40
$60
$80
2012 2013 2014 2015 2016 2017 2018 2019 2020
Millions
Total Revenues Total Expenditures Unassigned General Fund Balance 198 of 339
Current Reserves
33 |
Reserves Target Unaudited Est
Balance 6/30/21
Policy
Unassigned Fund Balance $ 6,100,000 $14,350,000 10% General Fund exp Economic Contingency Reserve $ 12,200,000 $ 12,200,000 20% General Fund exp Liability Reserve $ 13,283,000 $ 15,963,000 75% confidence level Facilities Maintenance $ 2,745,000 $ 2,745,000 4.5% General Fund exp Vehicle Replacement $ 3,030,000 $ 2,770,265 30% book value of vehicles Pension Trust (115) $ 18,400,000 $ 7,257,020 2 years UAL payments OPEB Trust $ 4,560,000 $ 3,556,331 80% OPEB liability
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Financial Forecast
34 |
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Forecast Revenue Assumptions
• 3% annual growth in:
• Public safety services to neighboring
agencies
• 2.5% annual growth in:
• Property taxes
• S ales taxes
• $6M from American Rescue Plan Act
• Pending City Council approval
• 2% annual growth in:
• Transient lodging taxes
• Franchise taxes
• Licenses & permits
• Vehicle code fines
• Development services
• No growth in:
• Investment earnings
• Other revenue
• Interfund transfers
• Incremental (brand new) revenue sources
35 |
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Forecast Expenditure Assumptions
• 3% annual growth in:
• Police personnel costs
• Emergency animal treatment
• Street lights & signals
• Vehicle repairs & replacement
• Facility maintenance
• 2% annual growth in:
• All non-police personnel costs
• Professional & contract services
• Insurance premiums
• CalPERS:
• Issuance of $75M of pension obligation
bonds with 20 year term
•
Discount rate is reduced to 6.5% by Board in
November
•
Normal cost increases
• Capital Improvement Plan (CIP)
• No growth
• Annual flat funding of $2,175,430
36 |
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Financial Forecast without TUT
37 |
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Financial Forecast
38 |
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Data Requests &
Questions
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Schedule Next Meetings
November
December
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Adjournment
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November 2, 2021
2021 PROP D INDEPENDENT

REVIEW COMMITTEE
Attachment 2
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Pledge of Allegiance
2 |
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Agenda
• Approval of Minutes
• Public Comment
• Committee Role Refresher
• Mayor Sotelo-Solis
• Staff Presentation
• Committee Discussion of Recommendation
3 |
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Committee Role
Refresher
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Your Role
• Review the City’s General Fund financials to determine what the district transactions and use tax rate should be for the next five years, fiscal year 2023- 2027
• Document the recommendation regarding the tax rate in a report to City Council • City Council will consider the recommendation in early 2022 5 |
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Mayor Sotelo-Solis
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General Fund Financials
Clarifications, Personnel, Pension,
Economic Development, Financial
Management
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Historical Revenue Trends
• Other Revenue – higher between FY2014-FY2021 for reimbursement from Successor Agency for two redevelopment CIP projects
8 Projected
$-
$10
$20
$30
$40
$50
$60
$70
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Millions
Sales and Use Taxes Property Taxes Other Taxes
Other Revenues Police & Fire Services Provided Licenses and Permits 215 of 339
Historical Expenditure Trends
• Question last meeting about variation of CIP year to year and for FY22, reflected in the blue section of the bars above 9 Projected
$-
$10
$20
$30
$40
$50
$60
$70
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Millions
Personnel Internal Services O & M CIP Other Debt Service 216 of 339
CIP General Fund Expenditures
10 |
-
1 2
3 4
5 6
7 8
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022
Millions
Budgeted
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Personnel
11 |
32%
68%
General Fund FY22 Expenditures
Non-Personnel Personnel
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Personnel
12 |
320
340
360
380
400
420
440
2012 2013 2014 2015 2016 2017 2018 2019 2020 2021
Total Budgeted FTEs
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Personnel – Salary Groups
13 |
Group Number of FTEs
Confidential 10
Elected 7
Executive 11
Firefighters’ Association (FFA) 45
Municipal Employees’ Association (MEA) 141
Management 28
Police Officers’ Association (POA) 83
TOTAL 325
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Personnel – MOUs
• All three represented groups in negotiations for agreements that will begin January 1, 2022
• Current POA agreement ties annual salary increases to between 2nd and 3rd position in regional compensation survey • All other salary groups are paid below median of San Diego public agencies for comparable classifications
14 |
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Personnel – Ten Year Historical Salary
Increases by Labor Group
15 |
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Pension - CalPERS
The City pays CalPERS two ways:
• Annual lump sum for Unfunded Accrued Liability (UAL)
• “Debt” to CalPERS, which is amortized over 20 year periods and charged interest (currently 7%)
• Normal cost, or percent of payroll for active employees • About 21.5% for safety & 12% for non-safety
16 |
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Pension - CalPERS
• $7,607,221 or 12.6% of FY22 General Fund Budget for annual UAL payment
• Annual UAL payment has increased 24.3% over last five years • CalPERS changes on the horizon
• FY21 performance, 21.3% returns and 6.8% discount rate reduction • Mid-November Board meeting to determine further discount rate reduction
• A 6.5% discount rate will result in our annual UAL going up 42.8% over the next five years
17 |
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Funded Status CalPERS Pension Plans
18 |
Miscellaneous Plan: $42.7M UAL*
$0
$50
$100
$150
$200
$250
2017 2018 2019 2020
Millions
Fiscal Year
Accrued Liability vs. Market Value of
Assets
Accrued Liability Market Value of Assets

72.5% 71.8% 71.7% 70.5%

50.0%

55.0%

60.0%

65.0%

70.0%

75.0%
2017 2018 2019 2020
Fiscal Year
Funded Ratio
Safety Plan: $80.8M UAL*
$0
$50
$100
$150
$200
$250
2017 2018 2019 2020
Millions
Fiscal Year
Accrued Liability vs. Market Value of
Assets
Accrued Liability Market Value of Assets

65.5% 64.6% 65.1% 64.3%

50.0%

52.0%

54.0%

56.0%

58.0%

60.0%

62.0%

64.0%

66.0%

68.0%
2017 2018 2019 2020
Fiscal Year
Funded Ratio
Source: CalPERS Annual Valuation
Reports (2018-2020)
* UAL as of June 30, 2020.
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2021 Pension Obligation Bonds
19 |
Target 70-75% of
lower projected
UAL ($112M) After

21.3% Returns and

6.50% DR
Assumption
21 Year Term:

Shorten Maturity
vs. Projected UAL
(6.5% Discount
Rate)
Level Payments
Balance short +
long term savings
with resiliency to
absorb future
shocks
Utilize savings in
first 14 years to
bolster reserves,
including 115 Trust
$-
$1
$2
$3
$4
$5
$6
$7
$8
$9
$10
$11
$12
$13
2023
2024
2025
2026
2027
2028
2029
2030
2031
2032
2033
2034
2035
2036
2037
2038
2039
2040
2041
2042
2043
2044
2045
2046
2047
Millions
Projected UAL Payments (6.5% Discount Rate) 21-Year POB 226 of 339
Estimated POB Savings
20 |
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Pension Summary
21 |
• $84M POBs price today!
• POB issuance built into previous financial forecast at higher annual payment than final numbers
• Increased term from 20 to 21 years and increased size from $73M to $84M = reduced annual payment
• Updated financial forecast model on following slide
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Financial
Forecast
22 |
$52
$54
$56
$58
$60
$62
$64
$66
$68
$70
$0
$5
$10
$15
$20
$25
$30
$35
$40
$45
$50
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
Millions
Millions
City of National City
Projected Revenues, Expenditures, and
Unassigned General Fund Balance
Unassigned GF Balance Reserve Policy Goal Revenue Expenses 229 of 339
Economic Development
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CarMax
24 |
• On City Council
agenda tonight for
approval
• Expected completion
in FY2025
• Property and sales tax
revenue increase
unquantified
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Cannabis
25 |
• Ordinance approved May 2021
• City Council special meeting tonight
• Will likely allow six commercial cannabis licenses
• Targeting 5% gross receipts for negotiated Development Impact Fee
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Port of San Diego National City Bayfront
26 |
• Working with Port to rebalance land use in the Marina District • Draft Environmental Impact Report in public comment period • Proposed projects include rezoning of City land to allow for development of hotels, restaurants, and entertainment
• New development will likely generate revenue at the end or after the five year period (FY23-27) of focus for this committee 233 of 339
Financial Management
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Policies
28 |
• Credit rating increased from A+ (strong) to AA- (very strong) • Mainly due to City’s improved financial management since previous rating in 2013
• Council adopted policies for debt, pensions, reserves • Quarterly budgeting & investment reporting
• Ten year forecasting
• Reserves funded
• History of clean annual independent financial audits
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Committee
Recommendation
Discussion
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Adjournment
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RESOLUTION NO. 2022 -

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, ACCEPTING THE REPORT AND RECOMMENDATION OF THE APPOINTED PROPOSITION “D” INDEPENDENT REVIEW COMMITTEE TO

MAINTAIN THE CITY OF NATIONAL CITY DISTRICT TRANSACTIONS & USE TAX AT THE CURRENT RATE OF 1% FOR THE NEXT FIVE YEARS, PURSUANT TO THE PROVISIONS OF SECTION 4.160.180 OF THE CITY OF NATIONAL CITY MUNICIPAL CODE

WHEREAS, in June, 2006, the voters of the City of National City (“City”) approved a one percent (1%) district transactions & use tax; and
WHEREAS, the tax included the requirement that “every fifth year” an independent committee of financial experts would be convened for the purpose of making a recommendation to the Mayor and City Council as to whether the tax shall remain in effect at the rate of one percent, be reduced to a lesser rate, or be terminated; and

WHEREAS, the Fiscal Year 2022 Independent Committee, consisting of Ray Major from SANDAG, Meya Alomar from the City of Chula Vista, and Dr. Sherry Ryan from the San Diego State University School of Public Affairs, serving as the committee chair, held a series of three (3) public meetings during October and November 2021 and launched an extensive review of the City’s financial records; and
WHEREAS, the committee now brings forward its report and recommendation pursuant to the voter-approved ballot initiative and Section 4.160.180 of the City of National City Municipal Code recommending the district transactions & use tax at the current ra te of 1% for the next five (5) years; and

WHEREAS, City staff recommends City Council to accept the report and recommendation of the appointed Proposition “D” Independent Review Committee to maintain the City of National City District Transactions & Use Tax at the current rate of 1% for the next five years, pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DET ERMINE, AND ORDER AS FOLLOWS:

Section 1: Accepts the report and recommendation of the appointed Proposition “D” Independent Review Committee to maintain the City of National City District Transactions & Use Tax at the current rate of 1% for the next five years, pursuant to the provisions of Section 4.160.180 of the City of National City Municipal Code.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///

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Resolution No. 2022 –
Page Two

PASSED and ADOPTED this 18th day of January, 2022.

Alejandra Sotelo-Solis, Mayor

ATTESTS:

Luz Molina, City Clerk

APPROVED AS TO FORM:

Charles E. Bell Jr., City Attorney
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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, California Initiating a Street Vacation of a portion of Kimball Way, north of East 14th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clinic project. (Applicant:

Excel Engineering) (Case File No. 2021-23 SC) (Planning) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT

ITEM TITLE:

PREPARED BY: DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT:

APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
___________________
________________
January 18, 2022
Resolution of the City Council of the City of National City, Ca lifornia Initiating a Street Vacation of a portion of Kimball Way, north of East 14 th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clin ic project. (Applicant: Excel Engineering) (Case File No. 2021-23 SC)
Community Development.

The applicant is proposing to vacate Kimball Way between ‘F’ Av enue and East 14 th Street. The vacation is in association with the Kimball Highlands (Communit y HousingWorks) and San Ysidro Health PACE Clinic projects, currently under review. The area t o be vacated would be converted to a pedestrian corridor and would bec ome private property, being added to the properties on either side of the area (per underlying fee title). As part of the overall development, a rededication of public right- of-way will create a cul-de-sac northwest of the vacation area.

The attached background report describes the proposal in detail.

1. Background Report 4 . P r o j e c t Rendering
2 . S t r e e t V a c a t i o n E x h i b i t5 . P r o j e c t T i m e l i n e 3 . S i t e P h o t o s 6 . R e s o l u t i o n
Not a project per California Environmental Quality Act (CEQA) FINAL ADOPTION:

APPROVED: ________________ MIS N/A

Staff recommends that the City Council initiate the street vacation.

N/A
619-336-4313
Martin Reeder, AICP
Director of Community Development
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ATTACHMENT 1

BACKGROUND REPORT
Staff Recommendation
Staff is recommending that the City Council initiate the street vacation request. Vacation of the street in this area will ensure the success of the Kimba ll Highlands project, which will provide 143 units affordable to low-income families and in dividuals with incomes ranging from 30% to 70% of Area Median Income (AMI), as well as the San Ysidro Health PACE clinic.

Executive Summary
The applicant is proposing to vacate Kimball Way between ‘F’ Av enue and East 14 th Street. The vacation is in asso ciation with the Kimball Highlan ds (Community HousingWorks) and San Ysidro Heal th PACE Clinic projects, which is currently under review. The existing wireless communications facility located on Kimball Way in the rear of the 99 Cents Only parking lot is proposed to be relocated as part of the overall project.

The closure of Kimball Way in this location was contemplated as part of the 2011 Land Use Update and was included in the traffic analysis for the General Plan at that time.

Kimball Highlands Project
Kimball Highlands is a two-property infill multi-family apartme nt development, with one property located at 14th Street and Kimball Way at ‘F’ Avenue (Site 1, 61 units), and the second property located at 1221 ‘D’ Avenue (Site 2, 84 units). The two sites are located within walking distance of each other (approximately 525 feet). Site 1 is 0.95 acres in size and Site 2 is 1.73 acres in size. Site 1 will also include the PACE clinic and is the property associated with this street vacation request. A rendering of th e site buildout is included as Attachment 4.

The development is in accordance with the fully executed Dispos ition and Development Agreement (DDA) between Community HousingWorks (CHW), the Commu nity Development Commission-Housing Authority of the City of National City (CDC-HA), and San Ysidro Health. The DDA provides a loan from the CDC-HA to CHW to finance the acquisition, construction, and development of the project. A detailed timeline of the project is included as Attachment 5.

Street Vacation
The area of right-of-way to be vacated would be converted to a pedestrian corridor and would become private property, being added to the properties on either side of the area (per underlying fee title). As part of the overall development, a rededication of public right- of-way will create a cul-de-sac northwest of the vacation area. Emergency access would be maintained through the area, as required by the Fire Department. While design details 1 242 of 339
of the emergency access are yet to be finalized, a system of strobe-activated collapsible bollards and Grasscrete paving are a likely candidate for inclusion in the design. Existing utilities in the area would be relocated based on the requirements of the respective utility.

The total area of right-of-way to be vacated (minus the area to be rededicated) is approximately 8,110 square feet (0.19 acres).

If initiated, the Planning Commission would subsequently hold a hearing to consider the conformity of the proposed vacation with the General Plan. The City Council would then hold a public hearing to consider the Planning Commission’s determination of conformity along with staff’s report and recommendation and any community input.

OPTIONS

1. Initiate the Street Vacation request; or

2. File the report (deny).
2 243 of 339
ATTACHMENT 2
2021-23 SC – Kimball Way, north of intersection with ‘F’ Avenue and north of East 14th Street 3 244 of 339
4 245 of 339
Kimball Way Street Vacation
Aerial View - Looking Northerly
Legend
100 ft
N ➤➤N
Data SIO
, NOAA, U.S. Navy, NGA, GEBCO
ATTACHMENT 3
5 246 of 339
Image capture: Dec 2020 © 2021 Google
423 Kimball Way
Street Vacation Location Photo - Looking Northwesterly from Intersection of Kimball Way/E. 14th Street/F Avenue 6 247 of 339
Image capture: Dec 2020 © 2021 Google
445 Kimball Way
Street Vacation Location Photo - Looking Southeasterly from Kimball Towers Driveway at Kimball Way 7 248 of 339
ATTACHMENT 4
N
2021-23 SC – Kimball Highlands / San Ysidro Health (PACE) Clinic Approximate location of cul-de-sac
8 249 of 339
N
9 250 of 339
10 251 of 339
ATTACHMENT 5
Kimball Highland Master Plan Timeline
M i l e s t o n e D a t e
Exclusive Negotiation Agreement November 19, 20219
Disposition and Development Agreement October 20, 2020
CalHFA 2021 Mixed-Income Program
(MIP) Funding Application January 25, 2021
CalHFA 2021 Mixed-Income Program
(MIP) Funding Award Date March 30, 2021
California Debt Limit Allocation
Committee (CDLAC) / Tax Credit
Allocation Committee (TCAC) Application
May 25, 2021
CDLAC / TCAC Re-Application September 9, 2021
CDLAC / TCAC Award December 8, 2021
CDLAC / TCAC Close of Construction
Financing June 10, 2022
Construction Start Date June 15, 2022
11 252 of 339
RESOLUTION NO. 2022 –

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CIT Y,

CALIFORNIA, INITIATING A STREET VACATION OF A PORTION OF KIMBALL WAY, NORTH OF EAST 1 4TH STREET AND NORTHWEST OF THE INTERSECTION WITH ‘F’ AVENUE, AS PART OF THE KI MBALL HIGHLANDS AND SAN YSIDRO

HEALTH (PACE) CLINIC PROJECT

WHEREAS, the City Council of the City of National City, California held a duly advertised Public Hearing on January 18, 2022 for the consideration of an initiation request for a Street Vacation of a portion of Kimball Way, north of East 14 th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (PACE) Clinic project; and

WHEREAS, at said Public Hearing the City Council considered the staff rep ort contained in Case File No. 2021-23 SC, maintained by the City and incorporated herein by reference along with evidence and testimony also presented; and

WHEREAS, this action is taken pursuant to all applicable procedures required by State and City law; and

WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and general welfare; and

WHEREAS, City staff recommends the approval of the request to initiate a Street Vacation.

NOW, THEREFORE, THE C ITY COUNCIL OF THE CITY OF NATIONAL CITY,

CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS:

Section 1: Approves a Request to Initiate a Street Vacation of a portion of Kimball Way, north of East 14 th Street and northwest of the intersection with ‘F’ Avenue, as part of the Kimball Highlands and San Ysidro Health (“PACE”) Clinic project.

Section 2: The City Clerk shall certify the passage and adoption of this Resolution and enter it into the book of original Resolutions.

///
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Resolution No. 2022 -
Page Two

PASSED and ADOPTED this 18th day of January, 2022.

__________________________
Alejandra Sotelo-Solis, Mayor

ATTEST:
_____________________________
Luz Molina, City Clerk
APPROVED AS TO FORM:
_____________________________
Charles E. Bell Jr., City Attorney
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The following page(s) contain the backup material for Agenda Item: Approval of Fiscal Year 2022/2023 Budget Workshop dates and Quarterly Priorities. (Finance) Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COUNCIL AGENDA STATEMENT
DEPARTMENT:

PHONE:

EXPLANATION:

APPROVED BY:

AGENDA ITEM NO.: MEETING DATE:

ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT: APPROVED: FINANCE
ACCOUNT NO.

BOARD / COMMISSION RECOMMENDATION:

APPROVED: MIS
PREPARED BY:

ATTACHMENTS:

Tentative Schedule - Fiscal Year 2023 Budget
National City Quarterly Priorities
ORDINANCE: INTRODUCTION FINAL ADOPTION
STAFF RECOMMENDATION:

Approve the recommended fiscal year 2022/2023 budget workshop dates and quartely priorities.

This is not a project and, therefore, not subject to environmental review.

NA
The City of National City’s fiscal year begins on July 1st and ends on June 30th of the following year. Pursuant to Section 2.55.040 of the National City Municipal Code, the City Council must adopt the budget for the ensuing fiscal year by June 30th of each year.

Development of the City’s annual budget is a City-wide effort occurring over a six- to seven-month period. The tentative fiscal year 2023 budget schedule includes two workshops proposed for April 19 and May 17, 2022 for presentation and discussion of the preliminary budget. The latter meeting date may not be needed but is placed on the calendar as a contingency. Budget adoption is planned for June 14, 2022.

With this item, staff seeks approval of the tentative budget workshop dates. If the dates are not agreeable to the majority of the City Council, direction on alternative dates is sought. 619-336-4332
FinancePaul Valadez, Budget Manager
ITEM TITLE:

Approval of Fiscal year 2022/2023 Budget Workshop dates & Quartely Priorities.

January 18, 2022
NA
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1 of 1

DATE DESCRIPTION DEPARTMENT
Tuesday, January 18, 2022
(City Council Meeting) Scheduling of City Council workshops City Council Finance
Tuesday, April 19, 2022
(City Council Workshop) Budget workshop / preliminary budget presentation City Council Finance
Tuesday, May 17, 2022
(City Council Workshop) Budget workshop (tentative) City Council Finance
Tuesday, June 14, 2022
(City Council Meeting) Budget hearing / budget adoption City Council Finance
CALENDAR - FISCAL YEAR 2023 BUDGET
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DRAFT NATIONAL CITY QUARTERLY PRIORITIES 0 1-11-22
QUARTER / CATEGORY 2021-22 Q3 (JAN-MAR) 2021-22 Q4 (JAN-MAR) 2021-22 Q1 (JUL-SEP)

CMO / CAO / OTHER

ADMINISTRATION
Finance, HR, Clerk, IT

ENGINEERING/PUBLIC WORKS
Capital Improvement Program (CIP)

PUBLIC SAFETY

LIBRARY / COMMUNITY SERVICES

HOUSING / COMMUNITY DEVELOPMENT

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DRAFT NATIONAL CITY QUARTERLY PRIORITIES 0 1-11-22
QUARTER / CATEGORY 2022-23 Q2 (OCT-DEC) 2022-23 Q3 (JAN-MAR) 2022-23 Q4 (APR-JUN)

CMO / CAO / OTHER

ADMINISTRATION
Finance, HR, Clerk, IT

ENGINEERING/PUBLIC WORKS
Capital Improvement Program (CIP)

PUBLIC SAFETY

LIBRARY / COMMUNITY SERVICES

HOUSING / COMMUNITY DEVELOPMENT

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The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission-Housing Authority of the City of National City (“Housing Authority”) approving a conditional award of Ten Million Dollars ($10,000,000) from the Housing Authority’s Housing Fund to the 400-unit Azuriik Affordable Housing Project by the Metropolitan Advisory Committee on Anti-Poverty (“MAAC”) located at 233 Roosevelt Avenue. (Housing Authority)
Please scroll down to view the backup material.
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CITY OF NATIONAL CITY, CALIFORNIA

COMMUNITY DEVELOPMENT COMMISSION-HOUSING AUTHORITY

COUNCIL AGENDA STATEMENT

501-419-462-650-*
Funding will be appropriated upon determination of a final loan commitment.

ITEM TITLE:

PREPARED BY: DEPARTMENT: Housing Authority
PHONE: (619) 336-4391
EXPLANATION:

APPROVED BY:

AGENDA ITEM NO. MEETING DATE: January 18, 2022
ENVIRONMENTAL REVIEW:

FINANCIAL STATEMENT:

APPROVED: Finance
ORDINANCE: INTRODUCTION:

ACCOUNT NO.

STAFF RECOMMENDATION:

BOARD / COMMISSION RECOMMENDATION:

ATTACHMENTS:
_________________
________________
Resolution of the Community Development Commission-Housing Authority of the City of National City (“Housing Authority”) approving a conditional award of Ten Million Dollars ($10,000,000) from the Housing Authority’s Housing Fund to the 400-unit Azuriik Affordable Housing Project by the Metropolitan Advisory Committee on Anti-Poverty (“MAAC”) located at 233 Roosevelt Avenue.

See Attachment No. 1

1. Background and Explanation

2. NOFA Application Materials

3. Resolution
FINAL ADOPTION:

APPROVED: ________________ MIS
On October 21, 2019 the City determined that the Azuriik Affordable Housing Project will not have a significant effect on the environment in accordance with CEQA Section 21108 or 21152.

Adopt the Resolution.

Not Applicable.

Carlos Aguirre, Director
501-
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Attachment No. 1
City of National City
January 18, 2022
Staff Report Explanation

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