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HomeMy WebLinkAbout2022 01-18 CC AGENDA PKT 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 Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review on the City’s website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City’s website at www.nationalcityca.gov. PUBLIC COMMENTS: 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 PublicComment@nationalcityca.gov, 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 comment 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 1 of 339 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. Public 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 whole 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 Clerk@nationalcityca.gov. 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 bottom 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 portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please 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 coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la 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 públicas 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 Órgano 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 escuchadas 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 PublicComment@nationalcityca.gov, proporcione el número 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 agenda, 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 3 of 339 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 antes 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 públicos 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 hablar 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 Clerk@nationalcityca.gov. SERVICIO DE INTERPRETACIÓN: 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 temas 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 del personal del Ayuntamiento o persona del público. 4 of 339 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 teléfono (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. 5 of 339 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 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) 6 of 339 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 Code 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 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 7 of 339 of $15,225.80 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) 8 of 339 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. 10 of 339 Item # ___ 01/18/22 National City recognizes Samahan Health Center team for COVID-19 youth vaccination efforts 11 of 339 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. 12 of 339 13 of 339 14 of 339 15 of 339 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. 16 of 339 Item # ___ 01/18/22 PRESENTATION A KIMBALL HOLIDAY 2021 (Library & Community Services) 17 of 339 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. 18 of 339 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) 19 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 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. 20 of 339 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 City of National City 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). PREPARED BY:Carla Hutchinson,Assistant Engineer —CivilQ .H.DEPARTMENT:Engineering/Public Works PHONE:619-336—4388 APPROVED BY:M“ EXPLANATION: See attached. FINANCIAL STATEMENT:APPROVED:fi Finance ACCOUNT N0.APPROVED:MISN/A "—‘ ENVIRONMENTAL REVIEW: N/A ORDINANCE:INTRODUCTION:FINAL ADO PTION: STAFF RECOMMENDATION:Faopf Reso uflon accepting ffie 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) BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1.Explanation 2V Encroachment Permit Agreement 3.Resolution 21 of 339 EXPLANATION Ahmadian Investment Group,LLC has proposed a 3-story residential development complex to be constructed at 2428 Highland Avenue (Assessor Parcel Number 562-072- 03—00).The grading plans have been approved. The project proposes to install a transformer pad that will encroach by 1—foot onto the public right—of—way in order to accommodate the SDG&E transformer pad.The location of the proposed transformer pad was determined as shown in the exhibit in order 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 install these improvements in the public right of way. If at any time,the City wishes to remove the encroachment,the owner must do so.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. Ahmadian Investment Group,LLC is requesting that the City approve and the Mayor sign the agreement.If approved by the City Council,this Encroachment Permit Agreement will be recorded with the Office of the San Diego County Recordert Staff recommends the City Council adopt the resolution accepting 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). 22 of 339 EEEJfiSQQ.DD—_ BNCROACI-IMENT PERMIT AND AGREEMENT (Commercial) The Ci Of National City herehy giants an Encroachment Permit to the undersiyled, AC .(hereinafter refermd to as "0WNER"),'in accordance with and pmsuaut to the terms and conditions set forth111 Chapter 13.12 of the National City Municipal Code OWNER is the owner of that cextain real property described in the attached Exhibit "A",or is an owner of personal property that is proposed to be installed in the public rightrOf—way or other public property of the City of National City,County of San Diego,State ofCalit'omia.The OWNER,in consideration of this grant of permission by file City of National City (heminafter xeferred to as "CITY")to install and maintain certuhl pelsonal pmperty or a building,facility,or other structure (hereafter designated fiom time to time as an “eneroachment”)within or upon a CITY easement,propelty,or right—of-way for the use and benefit of OWNER’S property and adjacent lands,now covenants and agrees as follows: The site of installation and any description of OWNER’S emoaehment is described in Exhibit “B”, attached. The terms and conditions under which the encroachment is to be installed and mahxtained are as ibllows: 1.Upon notification in writing by the City Engineer,the above described encroachment shall be abandoned,removed,or relocated by OWNER at the owner’s sole expense. 2.The said encroachment shall be maintained in a safe and sanitaxy condition at all times at the sole cost,risk,and responsibility of OWNER and any successor in interest,who shall hold CITY harmless with respect thelteto. 3.This Permit and Agreement,when made for the ditect benefit of OWNER’s land or property described above,and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER.Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30)days afier notice of temoval or relocation from the CITY,CITY may cause such removal or relocation to be done at OWNER’S sole cost and expense,which shall be a lien upon said land.A copy of this Encmaehment Agreement shall be recorded against any real property of the owner’s that is hereby benefited by the encroachment.Upon request by CITY,PERMITI'EE shall record this Encroachment Agreement with the County of San Diego,County Recorder’s Office,and upon recordation shall Ietum the original to the CITY. 4.OWNER shall indemnify,defend,and hold harmless CITY and its officers,agents,and employees from all liability,loss,costs,claims,demands,suits,and defense coats,including attorneys’ fees,arising out of Owner’s entry upon and use ofCity’s easement or right-of—way for the installation, maintenance,and use of the owner’s encroachment. 5.OWNER and each successor in interest or assign shall take out and maintain,during the time the encroachment remains on CITY’S easement or righhofiway,commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000.00)combined single limit per occurrence,covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers,agents,and employees as additional insured,and shall constitute primary insurance as to CITY and its officers,agents,and employees,so that any other policies held by CITY shall not contribute to any loss under said insurance.Said policy shall 23 of 339 pnwidafonflflflymjayipflor written notice to CITY of canccllation or matcfial change.Prior 11) wmmencemcnt of this Encroachment Agmement,OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing 12116 coverage wquired by this section.Should owner fail to do so, City may elect to obtain such coverage at OWNER’S expense or immediately terminate this Agreement. 6.The full tcnns and conditions under which this Encroachment Permit is issued are fizrfllcr set forth in Chapter 13.12 of the National City Municipal Code,which terms OWNER hereby specifically acknowledges and agrees to.Owner also acknowledges that those terms and conditions include,W Liggjfiflgm,the following: a.The City resmves the right to charge the Owner “fair and reasonable” compensation for the uso of CITY property retroactive to the date of consumption or installation of the encroachment. b.The CITY can require the removal,relocation,or undergrounding ofthe encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7.This encroachment Permit is not valid and confers no rights to install and maintain an moroachment until it is accepted by the Owner. DATED: CITY OF NATIONAL CITY PERMI'ITEE: Alejandra Sotelo~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 Mailing Address: Person ichspansiblc 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 Encroachment Permit and Agreement (Cmnmercial)) 24 of 339 'Number of Pages: ‘Slgner's Name: GALHFORNIA AL PURPOSE AGKNbWfl-EDGMENT IGWIL CODE §1189 I A n:nary publlc 01 other afiloar comweflng Ihls cefllflcale verifies only the Idenilty oi the Individual who signed the document to whlch this certificate 13 hflachad.and not the huihfulnesa,acouracy.or validity u!that document. Siam of Cali!ia ) County 0133”)»I ~)w»flm mm;WWW, Ice Here Insert Name and This of The rDate personally appeared 1%E74-1461/4715”:‘W 'Name(s)ofslgnads) 1 who proved to me on aha basis 01 satisfactory evidence to be the person(s)whose name(s)is/are ' subgcrlbed to the wlihin'lnsimmeni and acknowledged to me that he/shelihey exacuflad the same In hls/herlthah authorized oapachyfles},and that by hislhernhelr signalure(s)on the inshumen‘l the person(s).or the entity upon behalf of which the person(s)adad,executed the instrument. I certfiy unde:PENALTY 0F PERJUBY under the laws of ”the State of Mn ma imagining paragraph is flue and ‘/-WITNE my h Icia!seal. g '"”‘as’ayn”&22§'c§32'&'""g _stgnatu .Commissmn I:22 71018 Signature of Notary!PublicMyComm.Expires Jan 1|,2023 E ''wwwmeW‘ Place Notary Sea!Above ,..OPTIONAL .. 7770th this section Is optional,completing this Informarlon can deter alteration of the c(qcument or fraudulent reaflachnmnf of this form to an unintended document, Desorihtlon of Attached DocumentTitleorTypeofDocument:1:.1’flflzfifié4/..3."ZKt £22m Document Date:0 2 412/5“(7 l_—/. Signerfi)Other Than Named Above: Capacltyfles)Cl'almed by Signafls)‘ Slgner's Name:\ E]Corporaha Officer ~—Tifle(s'‘ El Partner ——El Limited 1:]eneral(III Individuai EIAflomey in Fast .. [II Trustee El Guardian 0r Conservator El Other: Signer ls Representing: [:1 Corporate Oflicar ——Tmfis): [1 Partner —El Limfled El Gene'ral-El Individuw E!Attorney In Fact El Trustee D Guardian or Conservator D Other. Signer Is Represemihg: @2014 National Notary Association -www.wafionamo’calyug .1-BDu-US NOTARY a-EuowSTMsz?)item #5907 25 of 339 EXHIBIT "A"LEGAL DESCRIPTION OF PRIVATE ENCROACHMENT 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 (8.5 SQ.FT.)IN TOTAL Legal description prepared by: Kappa Surveying &En ineering,Inc. Bvfidate:November 18,2021 ‘ Allen R.A.Turner Ill,PLS Registration expires December 31,2022 26 of 339 EXHIBIT B "MW WLEQENQ PROPERTY LINE/PUBLIC R/W WATER SERVICE SEWER SERVICE FIRE SERVICE SITE ADD 2428 HIGHLAND AVENUENATIONALCITY,CA 91950 ABM 562—072—03—00 BRIEF LEGA ESCR/PTION 'W THE NORTHERLY 50 FEET OF THE SOUTHERLY 110 FEET OF THEE43TERLY20FEETOFLOT15,AND THE NORTHERLY 50 FEETOFTHESOUTHERLY110FEETOFLOTS16,17,18,19,(96 20,BLOCK 4,FLORA M.KIMBALL'S SUBDIVISION PER MAP NO.44 POINT OF j—Z|\COMMENCEMEN T STRUCTURE .. I- { I G H L A N D AV E N U E I N1 7 ‘ 4 ? ' 2 7 € j w 50 . 0 0 ’ m §i E F PRIVATE SDG&ETRANSFORMERPADWITHINROW TRUE POINTOFBEGINN/Nc—\‘ \ PRIVATE IMPROVEMENTfL/M/TS.SEE EXHIBIT"A"FOR DESCRIPTION N72'17'"E1.00;3 10 u :‘s SCALE:1"=10' w-‘W WKAPPAsufivEYTNcac”ENGINEERINGfINC. E402 N.MAGNOLIA AVE SUlTE C,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:If the nertlfloato holder Is an ADDITIONAL INSURED,the polluyuou)mum haw ADDITIONAL INSURED provlsluns or be endorsed. If SUBROGATION Is WAIVED,subject to the terms and condlclons of the policy,certaln pollolon may requlre an endorsement.A mtemnm on this mrtlfloate does not confer rights to Iha cefllflcale holder In llou 0f nuah endomemonugj. BATE (MM/DDWVYV) 08/30/2021 Pnonuum mg“Nicholas Long Pmsoume Insurance Sewlnee Ham a n.6194509600 §ng 1 21- 4625 Acacia Ave.unfiléaa-servloe@prosourcela.oom Insunanmwonmus comm:um 1: La Mesa CA 91941 INWRER A:Western Worm Insurance 0 13196 manna:maunsna:Slate Compensation Insurance Fund 35076 Symboflu Bullders msumzn a z |3525 Del Mar Ha|gh|s Rd.#274 msuRERD:* INSURER E : San Dlego CA 92130 mama r: COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING 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.LIMITS SHOWN 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 EACH OCCURRENCE s 1.000.000 cmlMs-MADE X occur!memes (Ea urguE/rim)s 100.000 __MED EXP(Auy one person)0 6,000 A NPP8692798 10/31/2020 10/31/2021 peasouuavamu/w 3 1,000,000 GEN'L AGGREGATE LIMIT APPLIES FER:_(_3_I_ENERAL AGGREGATE s ~2,000,000 X POLICY r 512%Loc FRODUGTE-OOMPIOP me 3 Included omen:s AUTOMOBILE LIABILI'I'V fie MB'NFD HINGLE LIMIT g ANY AUTO BODILY INJURY (Purpusun)‘3 flv’ginonw ___fififigmfl 50va INJURY (Pavmmm)$ HIRED NON—OWNED PROPERT—MWVR—AMAGE $W Auras ONLV _Auras ONLV (Pernmdml s UMBRELLA ““3 occun EACH DGGURRENCE s EXOEBS “RD N cwms-MADE AGGREGATE 3 BED RETENTION$E om s wamsna COMPENSATION P -. AND EmpLovana-umlmv v m X 575W“!ER 1 000 0 B é’éKiEWSJSEA'Efi'fiF‘E’E/mmm Y m 03020172021 07/30/2021 07/31/2022 E'L'5“"“cc'DE'”‘‘‘0°~—wumwy In NH)E.L.D|SEASE~EA EMPLOYEE 3 1,000,000 dnamlba uornd "wRIFnONOFOPER/mons bulow E.L.DIBEAsE-POLIGVLIMIT s 1.000.000 nmmrrmu OF ovemmus/LOCATIONS WEHIcuas (mono 101.Mdlflonal annflm sahwuln,my In muchnd [Imam spam Israqnmd)‘ Canoeuallon 10 days non paymant.30 days all other. The City of Nallanal Clty,Its elected officials,officers,agents.employees,and volunteers are named as Addlllonal Insured,per the attached endorsemem CERTIFICATE HOLDER _CANCELLATION suou LD ANY OF THE ABOVE DEac RIBED POLICIES BE CANCELLED BEFORETHEEXPIRA‘HON DATE THEREOF,NOTICE WILL BE DELIVERED INCllyofNaflunalCityACCORDANCEwrrHTHEPOLICYPROVISIONS. 0/0 RISK Manager AU'IHORIZEDREPRESEMTATIVE 1243 Nallunal City Blvd -Natlonal Olly CA 019504301 $1M” ACORD 25 (2010/03) @1900-2015 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD 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,If not shown above,wlll be 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"rssEeot tonhwallity for "bodlly ’"ng'"property This Insurance does not apply to “bodlly injury"ordamageorpersonalandadvert!ng Injury "property damage"occurring after: caused,In whole or in part,by:1.All work,Including materlals,parts or equipment 1"Your acts or omlsslona;0'fumlshad In connection wlth such 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 theIntherforrnanoeofouronulnoeratlonsforpeyggpcoveredoperatlonshasbeenoomp|eted:ortheaddi|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 organization1-The Insurance (I-xfforded to 5W“addltlunal other than another contractor or subcontractor Insured only appllas to the extent permuted by engaged In performing operations for ,1 pflnclpal |EW§am as a part at the same project. 2.If coverage provlded to the addltlonal insured is requlred by a contract or agreement,the Insurance aflorded to such addltlonal Insured wlll nut be broader than that whlch you are required by the contract or agreement to provide tor such addltlonal Insured. 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 In the Declaratlons; Seaman III -Limits 0!Insurance:whlohsver ls less. Ii noverag-provlded to tho addltlonal Insured ls ”I11Is endorsement shall not Increase the applicable reqUIred by a contract or agreement,the mrwt We mm:of Insu rance shown In the Deolarallons.wIII pay on behalf of the additional Insured Is \he amount of Insurance: 1.Hequlrad by the contract or agreement;or Page 2 of 2 Copyright,Insurance Services Office,Inc.,2012 ca 20 ‘10 04 13 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 volunteersC/O Risk Manager 1243 National City Blvd,National City,CA 91950—4301 Information requlred to complete this Schedule,If not shown above,will be 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 In tha "productsmomplated operatlans hazar ".Thls walver applies only to the person or organlzatlon shown In the 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 agreement 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 located 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 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 PREPARED BY:Luca Zappiello,Assistant Engineer —Civil DEPARTMENT:Engineering/Public Works PHONE:619-336-4360 §‘3 APPROVED BY:WW EXPLANATION: See attached. FINANCIAL STATEMENT:APPROVED:LW‘Finance ACCOUNT NO.APPROVED:MIS Contract Award -$650,760.00 Expenditure Account No.296—409-500—598—6601 -$339,001.00 (National City Blvd Inter~City Bike 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 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. BOARD l COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1.Explanation wl Vicinity Location 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 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).The National City Boulevard Bikeway project was included as one ofthe grant applications. On December 6,2018,SANDAG authorized the City to proceed With the design and construction phase for this project in the total amount of $395,001.00 that includes a $1,000.00 local match. The National City Boulevard Bikeway project will provide nearly 0.2 miles of enhanced (buffered)bike lanes along 33rd St from Hoover Ave to National City Blvd.The project will implement nearly 0.4 miles of Class II facilities along National City Blvd from 33rd St to C Street at the southern city limit with City of Chula Vista.The project will include traffic calming features,decreased lane widths,bike/pedestrian improvements at freeway on/off ramps,bike boxes,lighting,and pedestrian safety enhancements.The project will improve the safety for people walking and biking. On October 26,2021,the bid solicitation was posted on PlanetBids,a free public electronic bidding system for contractors.On October 29,2021 and November 1,2021, the bid solicitation was advertised in local newspapers. On November 16,2021,nine (9)bids were received by the 1:00 pm.deadline.LC Paving &Sealing Inc.was the apparent lowest bidder with a total bid amount of $607,357.52. 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.On November 29, 2021,LC Paving &Sealing Inc.was notified about this irregularity that resulted in their bid being deemed non-responsive. Subsequently,staff reviewed the bid documents submitted by the second lowest bidder, Eagle Paving Company,Inc.Upon review of all documents submitted Eagle Paving Company,lnc.’s bid was deemed responsive and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore,staff recommends awarding a contract to Eagle Paving Company,Inc.,in the amount not to exceed $650,760.00.Staff also recommends authorizing a 15%contingency in the amount of $97,614.00 to address any unforeseen conditions that may arise.The contract will be funded through a combination of SANDAG ATGP Funds and TransNet. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference.Also attached is the Owner—Contractor Agreement. Construction is estimated to be completed by spring 2022.Typically construction will begin four to six weeks after City Council approves award of contract to allow for 36 of 339 coordination efforts,as well as contractor mobilization.Updates will be provided on the City’s CIP 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, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community Sweetwater RiverSweetwater RiverBike PathBike Path Sweetwater RiverBike Path B a y s h o r e B i k e w a y B ay s hor e Bi k e w ay B a y s h o r e B i k e w a y C StC StC St 33rd St33rd St Ho o v e r A v e Hoover Ave 33rd St Ho o v e r A v e Na t i o n a l C i t y B l National City Bl Na t i o n a l C i t y B l 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 400200 Feet ² ! 1 ! # Class II - Bike Lanes ! 2 ! 1 38 of 339 NAME: DATE: TIME: «s—CALIFORNIA a-a» NATIONAL CITYCafl“? 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 &Sealing Inc 620 Alpine Way ESCONDIDO,California 92029 $607,357.52 Bond Eagle Paving 13915 Danielsou Street Poway,California 92064 $650,760.00 Bond LB Civil Construction,Inc. 324 E.Valley Pkwy Escondido,California 92025 $670,676.00 Bond Entenman Development Group Inc 421 Broadway Ave STE62 San Diego,California 92101 $689,308.78 Bond SRM Contracting &Paving 7192 Mission Gorge Road San Diego,California 92120 $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 Spring Valley,California 91977 $848,683.01 Bond Blue Pacific Engineering &Construction 3545 Camino del Rio South Suite A San Diego,Califomia 92108 $885,395.00 Bond Wier Construction Cotportation 16884 OLD SURVEY ROAD Escondido,California 92025 $931,496.50 Bond 39 of 339 Bid Results for National City Boulevard Bikeway Project (CIP No.19—18) Item Description Unit Qty.LC Paving &Sealing,Inc,Eagle Paving Company,Inc.LB Civll Construction,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 Surveying and LS 1 $13,788.45 $13,788.45 $4,000.00 $4,000.00 $6,000.00 $6,000.00 Construction Staking 4 Pedestrian Control 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 Construct 6”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 Construct 4”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 Replace Existing 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 Slurry Seal 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 Furnish and Install EA 180 $255.97 $46,074.60 $252.00 $45,360.00 $247.50 $44,550.00 Flexible Post ' Delineators 18 Removal,Disposal,CY 20 $354.01 $7,080.20 $100.00 $2,000.00 $450.00 $9,000.00 and Replacement of Unsuitable Material 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 Traffic Signal L5 1 $36,405.16 $36,405.16 $41,600.00 $41,600.00 $35,200.00 $35,200.00 Modification — National City Boulevard &SR-54 WB Off~ramp 21 Traffic Signal LS 1 $8,191.16 $8,191.16 $9,360.00 $9,360.00 $7,920.00 $7,920.00 Modification — National City 40 of 339 Boulevard 81 W 35Th Street 22 Traffic Signal Modification - National City 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”)is made by and between the City of National City,1243 National City Boulevard National City,California 91950 and Eagle Paving Company,Inc.("Contractor”),13915 Danielson Street,Poway,CA 92064,on the gwaygf Januam,2022l for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein,the Owner and Contractor have mutually agreed as follows: 1.CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor,services,materials and equipment necessary to construct and complete the Project in a turn-key manner in accordance with this Agreement and all documents and plans referenced in Exhibit ”A”, (hereinafter ”Contract Documents”),in compliance with all relevant Federal,State of California,County of San Diego and City of National City codes and regulations,and to the satisfaction of the Owner. 2.CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit ”B"attached hereto and incorporated herein by reference.Payments to the Contractor shall be made in the manner described in the Special Provisions. 3.TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn—key fashion to the satisfaction ofthe Owner within the specified duration set forth in the Special Provisions. 4.NON—DISCRIMINATION in the performance of this Agreement,the Contractor shall not refuse or fail to hire or employ any qualified person,or bar or discharge from employment any person,or discriminate against any person,with respect to such person's compensation,terms, conditions or privileges of employment because of such person's race,religious status, sex or age, 42 of 339 5.AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner,the Project Manager designated at the pre-construction meeting shall be the Owner’s authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6.WORKERS'COMPENSATION INSURANCE a)By my signature hereunder,as Contractor,I certify that I am aware of the provisions of Section 3700 of the Labor Code,which requires every employer to be insured against liability for Workers’Compensation or to undertake self—insurance in accordance with the provisions of that Code,and i will comply with such provisions before commencing the performance of the Work of this Agreement. b)The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code.Before commencing any Work,the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code,which requires every employer to be insured against liability for worker's compensation or to undertake seIf—insurance in accordance with the provisions of that Code,and I will comply with such provisions before commencing the performance of the Work of this Agreement."‘ 7.ENTIRE AGREEMENT;CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work.In the event of conflict between the terms of this Agreement and the bid of the Contractor,then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8.MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books,documents,papers,employee time sheets,accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and forthree (3)years from the date of final payment under this Agreement,for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9.INDEPENDENT CONTRACTOR At all times during the term of this Agreement,Contractor shall be an independent contractor and shall not be an employee,agent,partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor‘s 43 of 339 services rendered pursuant to this Agreement;however,Owner shall not have the right to control the means by which Contractor accomplishes such services. 10.LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses,permits,qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall,at its sole cost and expense,keep in effect at all times during the term ofthis Agreement,any licenses,permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11.GOVERNING LAW,VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California,and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego,Central Branch. 12.COUNTERPARTS This Agreement may be executed in any number of counterparts,each of which shall for all purposes be deemed to be an original. 13.FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner,it may be considered fraud and Contractor may be subject to criminal prosecution.Contractor acknowledges that the False Claims Act,California Government Code sections 12650,et seq.,provides for civil penalties where a person knowingly submits a false claim to a public entity.These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information.In the event the Owner seeks to recover penalties pursuant to the False Claims Act,it is entitled to recover its litigation costs,including attorneys’fees.Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5)years. I have read and understood all of the provisions of this Section 15,above: (Initial)(lgitiall:% 44 of 339 14.AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner:Contractor: Eagle Paying Company,Inc. Alejandra Sotelo—Solis (O er/Oh‘icer signature) Mayor,City of National City Joel Batule President Print name and title APPROVED AS TO FORM: (Second officer signature if a or ration) By;Marisa Garland,CFO Charles E.Bell,Jr.Print name and titie City Attorney 09012859 Contractor’s City Business License No‘ 944939,C12 A State Contractor’s License No and Class 13915 Danielson Street,Suite 201 Business street address Poway,CA 92064 City,State and Zip Code 45 of 339 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building,Mechanical,Plumbing and Electrical Codes Permits issued byjurisdictional regulatory agencies Electric,gas,and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications,standards and requirements of MTS,BNSF,SANDAG,Port of San Diego and all other agencies that may be adjacent and/or affected by the project. 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 Project Schedule LS 1 $1,500.00 $1,500.00 3 Surveying and Construction Staking LS 1 $4,000.00 $4,000.00 4 Pedestrian Control L5 1 $80,000.00 $80,000.00 5 Water Pollution Control LS 1 $3,000.00 $3,000.00 6 Unclassified Excavation LS 1 $2,500.00 $2,500.00 7 Clearing and Grubbing L5 1 $10,000.00 $10,000.00 Construct 6”Median Curb Type B-1 per8SDRSDG-G LP 56 $100.00 $5,600.00 Construct 6”Median Curb Type B~3 per9SDRSDG—7 LF 15 $200.00 $3,000.00 Construct 4"PCC Sidewalk per 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 Exxstlng Sigigmxbram Grate,Type EA 3 $900.00 $2,700.00 13 Construct Class II Aggregate Base TON 1100 $108.00 $118,800.00 14 Slurry Seal SF 100000 $0.60 $60,000.00 15 Cold Mill SF 8400 $0.65 $5,460.00 16 l-urmsh and Install Mirafl RS380I Woven SY 40 $90.00 $3,600.00 Geosynthetlc,or approved equal 17 Furnish and “15123“FieXIble Post EA 180 $252.00 $45,360.00 Dehneators Removal,Disposal,and Replacement of18UnsuitableMateria!CY 20 $100.00 $2,000.00 19 Signing and Striping LS 1 $57,340.00 $57,340.00 Traffic Signal Modification —National City 20 Boulevard &SR—54 WB Off—ramp L5 1 $41’600'00 $41'600'00 Traffic Signal Modification w National City 21 Bouleva rd &W 35Th Street L5 1 59'360'00 59'360'00 Traffic Signal Modification -National City 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 certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that QOQU ’YQWW ,who signed said contract on behalf of the Contractor,was then Qm of said Corporation;that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I,(\w/VQWW certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract;that 3%MD?),who signed said contract on behalf of the Contractor,was then (UQIO of said Corporation;that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 49 of 339 PARTNERSHIP CERTIFICATE STATE OF ) )ss COUNTY OF .) On this day of ,20 ,before me,the undersigned,a Notary Public in and for said County and State,personally appeared: (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument,and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 50 of 339 BOND NO.024256613 PREMIUM:$8,016.00 PREMIUM IS FOR CONTRACT TERM AND IS SUBJECT TO ADJUSTMENT BASED ON FINAL CONTRACT PRICE PERFORMANCE BOND WHEREAS,the City Council of the Clty of National City,by Resolution No.2022. ,on the 18‘“day of Januag,2022.has awarded Eagle Paving Company,Inc., hereinafter designated as the "Principal",the NATIONAL CITY BOULEVARD BIKEWAY PROJECT,CIP NO.19—18 WHEREAS,said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW,THEREFORE,we,the Principal and THE OHIO CASUALTY INSURANCE COMPANY as surety,are held and firmly bound unto the City of National City,hereinafter called the "City",in the penal sum of Six Hundred Fifty Thousand,Seven Hundred Sixty ($650,760.001dollars lawful money of the United States,for the payment of which sum we”and truly to be made,we bind ourselves,our heirs,executors,administrators and successors,jointly and severally, firme by these presents, THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs,executors,administrators,successors or assigns,shall in all things stand to and abide by,and well and truly keep and perform the covenants,conditions and agreements in the said contract any alteration thereof made as therein provides,on his or their part,to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning,and shall indemnify and save harmless the City of National City,its officers,agents,employees,and volunteers as therein stipulated,then this obllgation shall become null and void;otherwise it shall be and remain in full force and virtue. And the said Surety,for value received,hereby stipulates and agrees that no change,extension of time,alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond,and it does hereby waive notice of any such 51 of 339 change,extension of time,alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered,the surety shall pay all costs incurred by the City in such suit,including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument,each of which shall for all purposes be deemed an original thereof,have been duly executed by the Principal and Surety above named,on the 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 STATE OF ) )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—fact of the ,the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. NOTE:Signature of those executing for NOTE:The Attorneynimfact must attach a Surety must be properly certified copy of the Power of acknowledged.Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 53 of 339 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notaw public or other officer completing this cenificate verifies only the identity 0fthe individual who signed the documenttowhichthiscertificateisattached.and not the truthfulness,accuracy,or validity of that document. State of California County of SAN DIEGO On 12/10/2021 before me,TRACY LYNN RODRIGUEZ,NOTARY PUBLIC Date Here Insert Name and Title Of 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)islatesubscribedtothewithininstrumentandacknowledgedtomethathe/shefthey executed the same in his/her/theirauthorizedcapacityfies),and that by his/hef/fheif signature(e)0n the instrument the person(s),or the entityuponbehalfofwhichtheperson(&)acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. TRACY LYNN RODRIGUEZ COMM.#2318838 SAN DIEGO COUNTYNOTARYPUBLICCALIFORNIAZ WITNESS my hand and official seal. Signature Place Notary Seal and/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Titie or Type of Document: Document Date:NumberofPagesz Signer(s)Other Than Named Above: Capacityfies)Claimed by Signer(s) Signer's Name:MARK D.|ATAROLA Signer‘s Name: [1 Corporate Officer —Title(s):‘El Corporate Officer ~Title(s): I3 Partner~El Limited [3 General I]Partner—El Limited D General III individual IE Attorney in Fact III Individual CI Attorney in Fact E]Trustee E!Guardian of Conservator CI Trustee I11 Guardian DfConservator El Other:D Other: Signer i5 Representing:Signer is Representing: @2017 National Notary Association 54 of 339 No t va l i d fo r mo r t g a g e , no t e , lo a n , le t t e r of cr e d i t , cu r r e n c y ra t e , in t e r e s t ra t e or re s i d u a l va l u e gu a r a n t e e s . This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. . leerty Liberty Mutual Insurance CompanyMutual.)The Ohio Casualty Insurance Company Certificate N0:82051114124100 ——~——West American Insurance CompanySURETYPOWEROFATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company is a corporation duly organized under the iaws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duty organized under the laws of the State of Massachusetts,and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"),pursuant to and by authority herein set forth,does hereby name.constitute and appoint,Helen Maloney;John G.Meloney;Mark D Iataroia;Sandra Figueroa;Traey Holmes;Tracy Lynn Rodriguez all of the city of Escondido state of CA each individually It there be more than one named,its true and lawful attorney-in-tact to make, execute,seal.acknowledge and deliver,tor and on its behalf as surety and as its act and deed,any and all undertakings,bonds.reeognizanees and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or otficiai of the Companies and the corporate seats of the Companies have been affixed thereto this 29th day of March ,2021 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance CompanyWM David M.Carey,Assistant Secretary State of PENNSYLVANiA 5 County of MONTGOMERY On this 29th day of March ,2021 before me personally appeared David M.Carey,who acknowiedged himseifto be the Assistant Secretary of Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, 5 IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. Commonwealth 0t Pennsyivanla A Notary Seal Teresa Pastella,Notary PublicMantgomeryCounty /\/i aMycommraslonexpiresMarch23,2025 By:Commission number 1126044 .Member,Pennsyhmnin Association at Notaries Teresa Pastella,Notary PUbI'C This Power of Attorney Is made and executed pursuant to and by authority of the toliawing Bylaws and Authorizations of The Ohio Casualty insurance Company,Liberty Mutual insurance Company.and WestAmerican insurance Company which resolutions are now in full force and effect reading as toliows: ARTICLE lV—OFFICERS:Section 12.Power otAttcrney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal.acknowledge and deitver as surety any and all undertakings,bonds,recognizanees and other surety obligations Such attorneys~in~tact,subiect to the limitations set forth in their respective powers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation.When so executed,such instruments shall be as binding as it signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey~in~fact under the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or otficers granting such power or authority. ARTICLE Xlll —Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such timitations as the chairman or the president may prescribe, shalt appuinlsuch attomeys~ln-fac1,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings. bonds.recognizanoes and other surety obligations.Such attorney5<in~tact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shail be as binding as it signed by the president and attested by the secretary. Certificate of Designation —The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M‘Carey.Assistant Secretary to appoint such attorneys-in- fact as may be necessary to act on behalf of the Company to make,execute,seal.acknowledge and deliver as surety any and sit undertakings,bonds.recognizances and other surety obligations. Authorization —By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistantsecretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surely bonds.shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full.true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 10TH day of DECEMBER ,2021 By:@W Renee C.Llewellyn,Assistant Secretary LMS-12873 LMIC OCIC WAIC Multl CD 02/21 Fo r bo n d an d / o r Po w e r of At t o r n e y (P O A ) ve r i f i c a t i o n in q u i r i e s , pl e a s e ca l l 61 0 — 8 3 2 — 8 2 4 0 or em a i HO S U R @ I i b e r t y m u t u a l _ c o m . 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 18th day 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,sald Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247),Title 15,Part 4,Division 3 of the California Civil Code to furnish a band in connection with said contract; NOW,THEREFORE,we,the Principal and THE OHIO CASUALTY INSURANCE COMPANY as surety,are held and firmly bound unto the City of National City,hereinafter called the ”City",in the penal sum of Six Hundred Fifty Thousand,Seven Hundred Sixty 1113650360301 dollars iawful money of the United States,for the payment of which sum well and truly to be made,we bind ourselves,our heirs,executors,administrators and successors,jointly and severally,firmly by these presents THE CONDITION OF THIS OBLIGATION i5 SUCH that if said Principal,his/her or its subcontractors,heirs,executors,administrators,successors,or assigns,shall fail to pay any of the persons named in Section 3181 of the California Civil Code.or amounts due under the Unemployment Insurance Code with respect to work or laber performed by any such claimant,or for any amounts required to be deducted,withheld,and paid over 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 respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified,and also,in case suit is brought upon this bond, 3 reasonable attorney's fee,to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code,50 as to give a right of action to such persons or their assigns in any suit brought upon this bond. 56 of 339 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change,extension of time for performance,addition,alteration or modification in,to,or of any contract,plans, specifications,or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials,or equipment therefore,not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described,nor by any rescission or attempted rescission of the contract,agreement or bond,nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond,nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given,and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given,by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond,but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change,extension of time,addition,alteration or modification herein mentioned. iN WITNESS WHEREOF three identical counterparts ofthis instrument,each of which shall for all purposes be deemed an original thereof,have been duly executed by the Principal and Surety above named,on the 10TH day of DECEMBER ,20 21 THE OHIO CASUALTY EAGLE PAVING COMPANY,INC.INSURANCE COMPANY (SEAL)DBA T o ENGINEERING (SEAL) AMM(SEAU (SEAL) MARK D.IATAROLA,A'I'I'ORNEY—IN»FACT (SEAL)JOEL BATULE,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-fact of the ,the corporation named as Surety in said instrument,and acknowledged to me that he subscribed the name of said corporation thereto as Surety,and his own name as attorney-in-fact. NOTE:Signature of those executing for NOTE:The Attorney-in-fact must attach a Surety must be properly certified copy of the Power of acknowledged.Attorney. Signature: Name (Type or Print); (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 58 of 339 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE §1189 A notary public or other officer completing this certificate verifies only the identity ofthe individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of SAN DIEGO On 12/10/2021 before me,TRACY LYNN RODRIGUEZ,NOTARY PUBLIC Date Here Insert Name and Title of the Officer personally appeared MARK D.IATAROLA Name(s)of Sign er(s} who proved to me on the basis of satisfactory evidence 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‘their signature(5)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. [certify under PENALTY OF PERJURY under the ‘“‘U laws of the State of California that the foregoing SAN DiEGO COUNTY paragraph is true and correct.'NOTARY PUBLlC-CALIFORNIAZ WITNESS my hand and official seal.MY COMMISSION EXPIRES "‘H JANUARY11,2024 E Signature Place Notary Seal and/or Stamp Above OPTIONAL Completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: DocumentDate:NumberofPages: Signer(s)Other Than Named Above: Capacityfies)Claimed by Signer(s) Signer's Name:MARK 0-|ATAROLA Signer's Name: El Corporate Officer —Titie(s):El Corporate Officer —Titie(s): El Partner—El Limited D General B Partner—E!Limited [1 General I]Individual E Attorney in Fact III individual D Attorney in Fact I:I Trustee El Guardian of Conservator El Trustee Ci Guardian of Conservator El Other:CI Other: Signer is Representing:__Signer is Representing: ©2017 National Notary Association 59 of 339 This Power of Attorney limits the acts at those named herein,and they have no authority to bind the Company except In the manner and to the extent herein stated. berty Liberty Mutual Insurance Company Mutual.The Ohio Casualty Insurance Company Certificate N0:82051114124100 —West American Insurance CompanySURETYPOWEROFATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS:That The Ohio Casualty Insurance Company Is a corporation duly organized under the laws of the State of New Hampshire.that Liberty Mutual Insurance Company is a corporation duly organized under the lawe oi the State of Massachusetts,and West American Insurance Company Is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"),pursuant to and by authority herein set forth,does hereby name,constitute and appoint,I-Ielen Maloney;John G.Maleney;Mark D.Iatarola'Sandra Figueroa;Tracy Holmes',’1'racy Lynn Rodriguez all of the city of Escondido state of CA each individually it there be more than one named,its true and lawful attorney-in-tact to make, execute,seal,acknowledge and deliver.for and on its behalf as surely and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as it they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons 1N WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 29th day of March ,2021 . No t va l i d fo r mo r t g a g e , no t e , lo a n , le t t e r of cr e d i t , cu r r e n c y ra t e , in t e r e s t ra t e or re s i d u a l va l u e gu a r a n t e e s . Liberty Mutual insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance CompanyW/é David M.Carey,Assistant SecretaryStateofPENNSYLVANIA55 County of MONTGOMERV On this 29th day of March ,2021 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company,The Ohio Casualty Company‘and West Amen’can Insurance Company,and that he,as such,being authorized so to do,execute the foregoing instrument tor the purposes therein contained by signing on behall 0f the corporatiuns by hlmself as a duly authorized officer. lN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia.Pennsylvania,on the day and year first above written. Commonwealth oi Pshnsylvanla -Notary SealTeresaPaslella‘Notary PublicMontgomeryCounty W /My commission expires March 20,2025 By:MAL)Commission number 1126044 . Msmhar‘Pennsylvania Aswclntinn oiNntarles Teresa Pastella,NOWY PUbllO This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations at The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and WestAmertcan Insurance Company which resolulions are now in full lorce and elfect reading as follows: ARTICLE IV—OFFICERS:Section 12.Power otAttorney, Any offioer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attorneys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations Such attorneys-in-tact,subject to the llmltalions set forth in their respective powers of attorney.shall have full pewer to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation,When so executed,such instruments shall be as binding as it signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attorney—in-lact under the prow'slons of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE Xlll —Execution of Contracts:Section 5.Surety Bonds and Undertakings. Any offloer of the Company authorized for that purpose In writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys—in—tact,as may be necessary to act in behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings, bonds,recognizances and other surety obligations,Such atlorneys-ln-tact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as it signed by the president and attested by Ihe secretary. Certificate oi Designation —The President of the Company,acling pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appolhtsuch attorneys~ln~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization —By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and eflect as though manually affixed. 1,Renee C.Llewellyn.the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power of Attorney executed by said Companies.is in lull tome and effect and has not been revoked. lN TESTIMONY WHEREOF,l have hereunto set my hand and affixed the seals of said Companies this 10TH day at DECEMBER ,2021 Renee C.Llewellyn,Assistant Secretary LMS~12873 LMIC OCIC WAlC Mulll Co 02121 Lo o m . fi c a t i o n in q u i r i e s , (P O A ) ve r i HO S U R @ l i b e r t y m u t u a t Fo r bo n d an d / o r Po w e r of At t o r n e pl e a s e ca l l 61 0 — 8 3 2 — 8 2 4 0 or em a r 60 of 339 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 Street 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, the Project will implement nearly 0.4 miles of Class ll facilities 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 /// 61 of 339 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 62 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) 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. 63 of 339 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: Engin eering/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 64 of 339 Explanation On December 7,2021,City Council adopted Resolution 2021-191 authorizing the filing of a Proposition 68 Per Capita Grant Application for the El Toyon Park Playground Improvements project in the amount of $216,033.An alternante resolution template was used that did not include necessary provisions specific to the Per Capita Grant Program.As such,staff recommends rescinding Resolution No.2021-191 to update the template. Additionally,on December 8,2021,staff was notified that the City of National City 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 authorizing the filing of a Proposition 68 SPP application for the El Toyon Park Project in the amount of $5,632,571.)Through the awarded SPP grant,the El Toyon Park playground will still be replaced.As a result of receiving the SPP grant,the Per Capita Grant funds can now be directed to the Kimball Park playground. Staff is requesting authorization to file a Proposition 68 Per Capita Program application for the Kimbail Park Playground Improvements Project in the amount of $216,033 ($177,952 in Per Capita funds plus $38,081 in Urban Counties Per Capita funds).There is no local match required. The Per Capita Program funds are available for local park rehabilitation, creation,and improvement grants to local governments on a per capita basis. Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods tacking access to the outdoors (Public Resource Code (PRC)§80061(a)).Additionai funds are available for Per Capita grants to cities and districts in urbanized counties (a county with apopulation of 500,000 or more)providing park and recreation services withinjurisdictions of 200,000 or less in population.An entity eligible to receive funds under this subdivision shall also be eligible to receive funds available under the General Per Capita Program (PRC §80061(b)).National City is eligible to receive funds from both programs. The Kimball Park playground equipment has surpassed its useful life of ten years and is in need of replacement.Staff recommends proceeding with the replacement of the approximately fifteen year old playground equipment at Kimball Park as it is an excellent example of the type of project the Per Capita Program is aimed at addressing.Additionally,staff has identified the Kimball Park playground replacement as a priority through our ongoing needs assessments. The proposed project will remove and dispose of the existing playground equipment and wood mulch at Kimbail Park and install a new piaystructure,a teeter tunnel,a unity dome,swings,and new surfacing. 65 of 339 Council Resolution authorizing filing of the grant application is required. Additionally,City Council 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.If selected for funding, City Council approves 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.The resolution template has been updated to include all necessary provisions. 66 of 339 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 Proposition 68 Per Capita Program funds are available for local park rehabilitation,creation,and improvement grants to local governments on a per capita basis;and WHEREAS,Grant recipients are encouraged to utilize awards to rehabilitate existing infrastructure and to address deficiencies in neighborhoods lacking access to the outdoors (Public Resource Code (PRC)§80061(a));and WHEREAS,Additional funds are available for Per Capita grants to cities anddistrictsinurbanizedcounties(a county with a population of 500.000 or more)providing park and recreation services within jurisdictions of 200,000 or less in population;and WHEREAS,the City of National City (“City")is eligible to receive funds from both programs;and WHEREAS,the City’s El Toyon Park playground equipment has surpassed its useful life of ten years and needs replacement as City Public Works staff continues to remove components that are no longer serviceable;and WHEREAS,City staff recommends proceeding with replacing the approximately twenty (20)year old playground equipment at El Toyon Park as it is an excellent example of the type of project the Per Capita Program is aimed at addressing;and WHEREAS,the proposed project will remove and dispose of the existing playground equipment and wood mulch at El Toyon Park and install a new play structure, a teetertunnel,a unity dome,swings,and new surfacing;and WHEREAS,City staff is requesting authorization to file a Proposition 68 PerCapita Program application for the El Toyon Park Playground improvements Project for $216,033 ($177,952 in Per Capita funds plus $38,081 in Urban Counties Per Capita funds)with no local match required;and WHEREAS,City staff recommends that if the City is selected for funding,City Council further authorize the City Manager or designee to execute the grant agreement; and Ill 67 of 339 Resolution No.2021 —191 Page Two WHEREAS,City staff recommends that if the Clty is selected for funding,City Council approve establishing 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 NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, CALIFORNIA,DOES RESOLVE,DECLARE,DETERMINE,AND ORDER AS FOLLOWS: Section1:Authorize the fillng of a Proposition 68 Per Capita Program application for the El Toyon Park Playground Improvements Project for $216,033. Section 2:Authorize the City Manager or designee to execute the grant agreement if selected for funding. Section 3:Approved establishing an Engineering Grants Fund Appropriation of $216,033 and corresponding revenue budget to allow for reimbursement of ellgible project expenditures through the Per Capita Program for the El Toyon Park Playground Improvements Project if selected. 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 7th day of December,202 . Alejandra Sotelo-é’olis,Mayor ATTEST: Luz Molina,aty Clerk APPROVED AS TO FORM: Charles E.Bell Jr.,City 68 of 339 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 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 Toyon Park Playground Improvements Project for $216,033;and WHEREAS,it is necessary to rescind Resolution No.2021—191 to include the correct resolution template;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 necessaw procedures governing application(s); and WHEREAS,said procedures established by the State Department of Parks and Recreation 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 grantee will enter into a contract(s)with the State of California to complete project(s); NOW,THEREFORE,BE IT RESOLVED that the City of National City hereby: 1.Approves the filing of project application(s)for Per Capita program grant project(s);and 2.Certifies that said grantee has or will have available,prior to commencement of project work utilizing Per Capita funding,sufficient funds to complete the project(s);and 3.Certifies that the grantee has or will have sufficient funds to operate and maintain the project(s),and ‘ 4.Certifies that all projects proposed will be consistent with the park and recreation element of the General Plan (PRC §80063(a)),and 5.Certifies that these funds will be used to supplement,not supplant,local revenues in existence as of June 5,2018 (PRC §80062(d)),and 6.Certifies that it will comply with the provisions of §1771 .5 of the State Labor Code,and 7.(PRC §80001(b)(8)(A—G))To the extent practicable,as identified in the “Presidential Memorandum--Promoting Diversity and Inclusion in Our National 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 69 of 339 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 improvements to existing programs to increase visitation and access by diverse populations,particularly minority,low-income, and disabled populations and tribal communities. (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. 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)). 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 other 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)). 10.Certifies that the grantee has reviewed,understands,and agrees to the General Provisions contained in the contract shown in the Procedural Guide;and 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);and 12.Agrees to comply with all applicable federal,state and local laws,ordinances, rules,regulations and guidelines. Approved and adopted the day of ,20 l,the undersigned,hereby certify that the foregoing Resolution Number was duly adopted by the ()following a roll call vote: Ayes: Noes: Absent: 70 of 339 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 Toyon 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). 71 of 339 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 projects 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 National 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 improvements 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 74 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 participation in the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents. (City Attorney) Please scroll down to view the backup material. 75 of 339 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,authorizing participation in the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents. PREPARED BY:Charles E.Bell,Jr.,City Attorney DEPARTMENT:City Attor ey PHONE:4222 APPROVED BY: EXPLANATION: Two major national cases have been underway seeking to hold various parties responsible for the role prescription drugs have played in the opioid crisis.These two cases involve McKesson, AmerisourceBergen,Cardinal Health (Distributors)and Johnson &Johnson (Janssen).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. On December 21,2021,City Council approved a resolution authorizing the City Attorney to execute necessary documents for the City to resigster and receive additional information for the City’s consideration in participating in the National Opioid Settlement.On December 22,2021,the City Attorney registered the City and the City received additional information concerning the National Opioid Settlement. The additional information included two (2)Settlement Participation Forms and two (2)Proposed California State-Subdivision Agreements regarding Settlement Fund Distribution. City Attorney now requests authorization to execute the Participation Forms and Agreements. FINANCIAL STATEMENT:APPROVED:Finance ACCOUNT N0.APPROVED:MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA)Guidelines Section 15378(b)(2). ORDINANCE:INTRODUCTION:FINALADOPTION:t W- Adopt Resolution authorizing the City of National City’s participation in the National Opioid Settlement and Authorizing the City Attorney to execute the necessary participation documents. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: .Settlement Participation Forms and Proposed California State-Subdivision Agreements regarding Settlement Fund Distribution .Resolution 76 of 339 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. 77 of 339 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. 78 of 339 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/ 79 of 339 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/ 88 of 339 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. 89 of 339 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. 90 of 339 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/ 91 of 339 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/ 100 of 339 RESOLUTION NO. 2022 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL 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. /// 101 of 339 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 102 of 339 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. 103 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 # 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 rd Safety Enh Project Professionals Corp 355484 137,208.76 CIP19-12 Sweetwater 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 104 of 339 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 2,700.00 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 355450 11/11/21 1,002.40 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 355451 11/11/21 3,389.05 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 355454 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 355460 11/11/21 9,714.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355461 11/11/21 3,391.44 DELTA DENTAL NOVEMBER 2021 / GRP #05-0908600000 355462 11/11/21 14,549.43 DELTA DENTAL NOVEMBER 2021 - GRP #05-0908601002 355463 11/11/21 134.71 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 355465 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 ENHANCEMNT 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 62.30 GOVCONNECTION INC APPLE IPAD 10.2 128GB, WI-FI+CELLULAR 355471 11/11/21 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/PW 355474 11/11/21 21,886.00 KEYSER MARSTON ASSOCIATES INC CONSULTING SERVICES / HOUSING 355475 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 ENVEL 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 ENHANCEMNT 355484 11/11/21 137,208.76 PRUDENTIAL OVERALL SUPPLY UNIFORM CLEANING SERVICE AS NEEDED 355485 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 2,901.63 WARRANT REGISTER # 19 11/11/2021 1/2 105 of 339 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 4,386.13 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 355494 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 52.22 SOSA REIM FOR BACKGROUND REVIEW 355497 11/11/21 1,531.25 SPRINGER TRAINING REIM FOR SHERMAN BLOCK, SLI - PD 355498 11/11/21 194.77 STAPLES BUSINESS ADVANTAGE MOP NUTRITION CENTER OFFICE SUPPLIES 355499 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 11/11/21 289.39 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) 355504 11/11/21 901.87 VISION SERVICE PLAN OCTOBER 2021 - VISION SERVICE PLAN (CA) 355505 11/11/21 898.39 WALTERS TRAINING REIM FOR SHERMAN BLOCK SLI-SESS 355506 11/11/21 254.71 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$ 2/2 106 of 339 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 1,704.77 ALLSTATE SECURITY SERVICES INC SECURITY SERVICES FY22/LIBRARY 355511 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 11/18/21 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 355525 11/18/21 483.98 CODDINGTON LOCK AND SECURITY CITYWIDE ON-SITE ELECTRONIC DOOR, LOCK 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 355528 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 1,290.00 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355532 11/18/21 1,290.00 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 11/18/21 456.34 D-MAX ENGINEERING INC T&A 90544 - UHAUL OF SD CIVIC CETNER DR 355536 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 355538 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 3,043.19 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES AS NEEDED FOR BUILDING 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 11/18/21 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 355547 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 1/3 109 of 339 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 355560 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 BAUTISTA/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 3,404.00 SDG&E GAS AND ELECTRIC FOR FACILITIES FOR FY22 355566 11/18/21 4,287.03 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR FY22 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 355572 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 355578 11/18/21 2,617.05 T MAN TRAFFIC SUPPLY MOP 76666 TRAFFIC SUPPLIES-PW 355579 11/18/21 491.01 TAN CITATION REFUNDS - OCTOBER 2021 355580 11/18/21 35.00 TERMINIX INTERNATIONAL ON-SITE PEST CONTROL SERVICES AS NEEDED 355581 11/18/21 150.00 THE BANK OF NEW YORK MELLON TRUSTEE FEE: PERIOD 11/03/21 THRU 11/02 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 355587 11/18/21 806.06 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 BUILDING SUPPLIES-PW 355588 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 355591 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 11/18/21 200.60 A/P Total 384,325.23 WIRED PAYMENTS PAYCHEX BENEFIT TECH INC BENETRAC ESR SERVICES BASE FEE - NOVEMBE 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 2/3 110 of 339 PAYEE DESCRIPTION CHK NO DATE AMOUNT WARRANT REGISTER # 20 11/18/2021 GRAND TOTAL 1,777,949.98$ 3/3 111 of 339 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. 112 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 # 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 Membership 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 3,500.00 ALDEMCO FOOD / NUTRITION CENTER 355598 11/24/21 4,424.30 ALL FRESH PRODUCTS FOOD / NUTRITION CENTER 355599 11/24/21 1,832.05 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 3,850.00 CITY OF SAN DIEGO FIRE & EMERGENCY MEDICAL DISPATCH SVCS 355606 11/24/21 105,001.10 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 355607 11/24/21 475.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 355608 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 355610 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 11/24/21 299.06 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 11/24/21 928.49 PROFESSIONAL SEARCH GROUP LLC OFFICE TEMPORARY SERVICE WEEK 355622 11/24/21 5,515.60 PRUDENTIAL OVERALL SUPPLY MOP FOR UNIFORM CLEANING SERVICE 355623 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 11/24/21 945.37 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 39,888.61 SWANK MOTION PICTURES INC RFW A KIMBALL HOLIDAY MOVIE LICENSING 355634 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 11/24/21 3,381.00 THE COUNSELING TEAM PD EMPLY SUPPRT SRV TCTI 355638 11/24/21 800.00 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 1/2 114 of 339 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 11/24/21 2,250.00 MIDWEST TAPE AUDIO BOOK FY22/LIBRARY 355653 11/24/21 593.00 NATIONAL CITY HISTORICAL FOR REIMBURSEMENT CLAIM FY20-21 355654 11/24/21 8,745.42 OFFICE SOLUTIONS BUSINESS MOP 25003 SUPPLIES PD 355655 11/24/21 495.07 PALOMAR HEALTH SART EXAM 355656 11/24/21 1,350.00 PRO BUILD COMPANY MOP 45707 GENERAL SUPPLIES-PW 355657 11/24/21 362.64 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 11/24/21 986.55 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 112421 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$ 2/2 115 of 339 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 Bond Pay Kaiser Foundation HP 489480 678,397.33 Group #104220 – Oct/Nov 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 12/2/21 110.00 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 12/2/21 660.00 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 1/3 118 of 339 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 12/2/21 480.00 VILLARIASA RETIREE HEALTH BENEFITS - DEC 2021 355749 12/2/21 480.00 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 11/30/21 130,686.46 BANK OF AMERICA 2017 ENERGY EFFICIENCY SERIES B BOND PAY 478749 11/30/21 43,470.00 KAISER FOUNDATION HEALTH PLANS GROUP #104220 - OCT/NOV 2021 489480 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$ 3/3 120 of 339 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. 121 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 # 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 Service ESGIL Corporation 355844 71,748.73 Building Plan Check Services 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 Focused 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 Worker’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 355754 12/6/21 1,002.40 ALDEMCO FOOD AS NEEDED FOR NUTRITION CENTER FY 355755 12/6/21 2,778.13 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 12/6/21 434.18 ATLAS TECHNICAL CONSULTANTS SWEETWATER RD SAFETY ENHANCEMENTS - ENG/PW 355760 12/6/21 10,572.00 CALIFORNIA PARK CPRS MEMBERSHIP RENEWAL 2022 355761 12/6/21 290.00 CASTILLO A KIMBALL HOLIDAY DJ & ENTERTAINMNET 355762 12/6/21 1,850.00 CHEN RYAN ASSOCIATES INC BAYSHORE BIKEWAY SEGMENT 5 - ENG/PW 355763 12/6/21 43,257.96 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE FOR OCTOBER 20 355764 12/6/21 1,078.82 CODDINGTON LOCK AND SECURITY LOCKSMITH SERVICES / NUTRITION 355765 12/6/21 546.04 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES, PARTS 355766 12/6/21 1,785.62 CONCENTRA MEDICAL CENTERS PRE-EMPLOYMENT PHYSICAL & DOT EXAM 355767 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 12/6/21 174.00 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 355772 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 355774 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 355778 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 355781 12/6/21 6,981.75 HERNANDEZ TRAINING REIM FOR SWAT COMMANDER COURSE 355782 12/6/21 40.00 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES NEEDED FOR PARKS 355783 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 SUBMISSION 355785 12/6/21 8.00 INNOVATIVE CONSTRUCTION CIP 19-19 ROOSEVELT SMART GROWTH - ENG/PW 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 12/6/21 59.76 LOS ANGELES PARTYWORKS INC A KIMBALL HOLIDAY LED DANCE FLOOR 355794 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 KIMBALL 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 12/6/21 127.10 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 BAUTISTA WK 355802 12/6/21 9,051.34 PRUDENTIAL OVERALL SUPPLY MOP FOR UNIFORM CLEANING SERVICE 355803 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 355805 12/6/21 3,195.00 SAN DIEGO ICE MACHINES COMPANY KIMBALL HOLIDAY TONS OF SNOW TO BE 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 355808 12/6/21 760.86 SHARP ELECTRONICS CORPORATION MAINTENANCE 20 SHARP COPIERS FOR FY22 355809 12/6/21 3,275.38 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 355810 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 12/6/21 280.16 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 5,112.48 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 12/6/21 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 12/6/21 200.00 WILLY'S ELECTRONIC SUPPLY ELECTRONIC ACCESSORIES 355826 12/6/21 563.81 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 355827 12/8/21 921.97 ALPHA PROJECT FOR THE HOMELESS ALPHA PROJECT IS TO PROVIDE SERVICES 355828 12/8/21 15,061.49 APTUS COURT REPORTING, LLC LIABILITY CLAIM COST 355829 12/8/21 2,189.87 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 12/8/21 737.53 BUREAU VERITAS N AMERICA INC BUREAU VERITAS - BLDG. INSPECTOR SERVICE 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 / PARADISE 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 12/8/21 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 12/8/21 328.00 DE LAGE LANDEN LEASE 20 SHARP COPIERS FOR FY21. 355841 12/8/21 2,939.63 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355842 12/8/21 8,790.10 DEAN GAZZO ROISTACHER LLP LIABILITY CLAIM COST 355843 12/8/21 1,523.00 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 12/8/21 3,030.49 2/5 124 of 339 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 12/8/21 217.39 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 355855 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 STREET 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 355864 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 355867 12/8/21 263.28 SMART SOURCE OF CALIFORNIA LLC PUBLIC NOTICE ENVELOPES - SMART SOURCE 355868 12/8/21 164.22 SO CAL TRUCK STOP MOP 45758 AUTO SUPPLIES - PW 355869 12/8/21 71.46 STAPLES BUSINESS ADVANTAGE MOP 45704 OFFICE SUPPLIES/PD 355870 12/8/21 2,711.74 SULLIVAN TRAINING REIM LOS ANGELES POLICE DEPT'S 355871 12/8/21 135.70 SYSCO SAN DIEGO INC NUTRITION CENTER KITCHEN SUPPLIES 355872 12/8/21 264.63 THE COUNSELING TEAM CRISIS INTERVENTION 10.29.2021 OIS / PD 355873 12/8/21 2,025.00 THE COUNSELING TEAM INTERNATIO EMPLOYEE SUPPORT SERVICES 355874 12/8/21 375.00 THE STAR NEWS PUBLIC NOTICE - STAR NEWS 355875 12/8/21 461.25 U S BANK US BANK CREDIT CARD SERVICES - CALBO WEB 355876 12/8/21 490.00 VALLEY INDUSTRIAL SPECIALTIES MOP 46453 GENERAL SUPPLIES - PW 355877 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 12/8/21 269.34 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 12/9/21 500.00 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 355889 12/9/21 6,000.00 CLEAR WATER TECHNOLOGIES LLC CITY WIDE ON-SITE ENERGY EFFICIENT 355890 12/9/21 475.00 COMMERCIAL AQUATIC SERVICE INC MUNICIPAL POOL SUPPLIES & PARTS 355891 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 3,843.00 3/5 125 of 339 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 355898 12/9/21 2,448.60 DELTA DENTAL INSURANCE CO DECEMBER 2021 - GRP #05-7029600002 355899 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 355901 12/9/21 750.75 ENERGY COMMUNICATIONS CORP. A KIMBALL HOLIDAY BROADCASTING SERVICE 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 2,067.65 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 80,350.38 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 12/9/21 468.00 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES NEEDED FOR PARKS 355917 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 355919 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 355922 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 355926 12/9/21 155.00 POWERSTRIDE BATTERY CO INC AUTO BATTERIES TO REPLENISH STOCK 355927 12/9/21 240.25 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/FINANCE/CATHERINE BAUTISTA/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 355933 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 4,806.56 SEAPORT MEAT COMPANY FOR FOOD AS NEEDED FOR NUTRITION CENTER 355936 12/9/21 963.81 SITEONE LANDSCAPE SUPPLY LLC MOP 69277 LANDSCAPE SUPPLIES - PW 355937 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 3,298.46 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 355941 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 12/9/21 959.18 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 355945 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 DEC 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 120921 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 38,414.75 GRAND TOTAL 1,814,529.63$ 5/5 127 of 339 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. 128 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 # 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 Segment 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 Smart Growth Eng Ford of Chula Vista 356033 118,881.04 NCPD Interceptors Patrol (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 129 of 339 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/PW 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 ACCESSIBILITY 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 355959 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 INFORMATIO 355962 12/15/21 5,275.27 COUNTY OF SAN DIEGO HAZARDOUS WASTE FOR NCPD GUN RANGE - ENG 355963 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 12/15/21 252.02 DELL MARKETING L P ADOBE ACROBAT PRO 2020~ 355966 12/15/21 6,701.40 D-MAX ENGINEERING INC CIP 21-14 STORM WATER SERVICES - ENG/PW 355967 12/15/21 10,287.01 D-MAX ENGINEERING INC T&A 90184 - NC COURTYARDS AT KIMBALL APT 355968 12/15/21 238.29 EAGLE PAVING COMPANY INC CIP 19-12 SWEETWATER RD SAFETY ENHANCEME 355969 12/15/21 312,675.97 EXOS COMMUNITY SERVICES LLC NOVEMBER MANAGEMENT FEES~ 355970 12/15/21 25,828.66 GEOSYNTEC CONSULTANTS INC CNC PBR ENCAMPMENT CLEANUP - ENG/PW 355971 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 - 355975 12/15/21 11,733.47 HOME DEPOT CREDIT SERVICES GENERAL SUPPLIES NEEDED FOR PARKS 355976 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 5,590.00 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 12/15/21 461.28 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 12/15/21 125.00 PORTILLO CONCRETE INC CIP 18-10 EUCLID AVE BIKE AND PED ENHANC 355988 12/15/21 13,610.65 PROFESSIONAL SEARCH GROUP LLC TEMP SVCS/FINANCE/CATHERINE BAUTISTA/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 & CLEANING 355991 12/15/21 217.32 RANDALL LAMB ASSOCIATES INC CIP 21-24 CIVIC CENTER EOC POWER UPGRADE 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 1/3 130 of 339 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 355997 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 FORMS 355999 12/15/21 567.02 SOLANA CENTER RSWA - BILLING PERIOD 11/1/21-11/30/21 356000 12/15/21 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 356011 12/15/21 174.52 WEST COAST ARBORISTS INC 21-24 CALFIRE GRANT PLANTING - ENG/PW 356012 12/15/21 7,700.00 WESTFLEX INDUSTRIAL MOP 45704 OFFICE SUPPLIES - PW 356013 12/15/21 130.69 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 3,907.55 ALL FRESH PRODUCTS CONSUMABLES / NUTRITION 356018 12/16/21 357.69 ALLSTATE SECURITY SERVICES INC SECURITY SERVICES FY22/LIBRARY 356019 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 12/16/21 95.00 CALIFORNIA DIESEL COMPLIANCE OPACITY TESTING ON VARIOUS CITY VEHICLES 356024 12/16/21 354.00 CARDOZA TRAINING REIM DELIRIUM & ARREST RELATED 356025 12/16/21 109.87 CARDOZA TRAINING REIM FORCE OPTIONS UOF DE-ESCAL 356026 12/16/21 24.00 CLEAN HARBORS ENVIRONMENTAL HOUSEHOLD HAZARDOUS WASTE / NOV 356027 12/16/21 761.52 COLANTUONO HIGHSMITH & PROFESSIONAL SERVICES / CAO 356028 12/16/21 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 356030 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 12/16/21 118,881.04 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 356037 12/16/21 10,695.00 L N CURTIS & SONS XFTNJ TFT CROSSFIRE MONITOR TOP / FIRE 356038 12/16/21 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 2/3 131 of 339 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 12/16/21 471.43 PALMA TRAINING REIM FORCE OPTIONS UOF/DE-ESCAL 356046 12/16/21 24.00 PRO BUILD COMPANY A KIMBALL HOLIDAY SUPPLIES & MATERIALS 356047 12/16/21 446.51 PROFESSIONAL SEARCH GROUP LLC COMMUNITY SERVICES TEMP SALARY 356048 12/16/21 1,729.20 PRUDENTIAL OVERALL SUPPLY MOP 45742 LAUNDRY SVC / NSD 356049 12/16/21 55.32 SAN DIEGO UNION TRIBUNE FOR ADVERTISINGNOTICE INVITING BIDS 356050 12/16/21 1,785.60 SBCS CORPORATION CARES ACT CDBG-CV AGREEMENT 356051 12/16/21 3,610.00 SHER EDLING LLP SHER EDLING LLP -SWEETWATER MARSH MATTER 356052 12/16/21 924.00 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 356060 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 356065 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 - DECEMBE 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$ 3/3 132 of 339 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: 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. PREPARED BY:Charles E.Bell,Jr.,City Attorney DEPARTMENT:City Attor ey PHONE:4222 APPROVED BY:1 EXPLANATION: On September 7,2021,the City Council directed staff to draft an ordinance amending the National City Municipal Code Title 2 —Administration by adding Section 2.02 —City Attorney.An amendment will establish the City Attorney's role and authority in the National City Municipal Code.Additionally,an amendment will bring the City of National City in line with the City of Carlsbad,Chula Vista,Encinitas, Escondido,San Diego,San Marcos,Santee,and Vista.These cities also have an internal City Attorney Office. FINANQIAL STATEMENT:APPROVED:Finance ACCOUNT NO.APPROVED:MIS ENVIRONMENTAL REVIEW: This action does not constitute a project under California Environmental Quality Act (CEQA)Guidelines Section 15378(b)(2). ORDINANCE:INTRODUCTION:FINAL ADOPTION: STAFF RECOMMENDATION: Approving the introduction of an Ordinance of the City Council of the City of National City,California, amending the National City Municipa Code Title 2 —Administration by adding Section 2.02 —City Attorney BOARD I COMMISSION RECOMMENDATION: Not Applicable. ATTACHMENTS: .Ordinance 134 of 339 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 City 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 officers 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: 136 of 339 3 ATTACHMENT B 1. Prosecute all misdemeanor and infraction offenses committed within the 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, State 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: Resolution of the City Council of the City of National City,California authorizing the acceptance of the EmergencyConnectivityFund(ECF)grant from the Federal Communications Commission (FCC)in the amount of $15,225.80 tocoverthecostsassociatedwithpurchasing25laptopswithLTEwirelessserviceandtheestablishmentofLibraryGrantsFundappropriationsof$15,225.80 and corresponding revenue budget. Joyce Ryan,Library &Community ServicesPREPAREDBY:Director DEPARTMENT:Library &Community Services PHONE:619-470-5882 APPROVED BY: EXPLANATION: This grant provides funding for laptops and wireless service so that the library can provide these services ascirculatingitemstoNationalCityPublicLibrarypatronswhodonothavethistechnologyandserviceintheirhomes.Although the laptops that will be purchased through this grant funding will remain part of the Library'scirculatingcollection,the funding for the wireless service is only allowed through the grant up to 6/30/22.Staff areexploringalternativefundingsourcestoenablewirelessservicethroughthenextfiscalyear.The funding providesforequipmentchargesof$10,517.81 and service charges of $493.50 per month through 6/30/22 plus one—timefeesof$29.61.Please see attached staff report for additional information. FINANCIAL STATEMENT:APPROVED:“WW FinanceACCOUNTno.APPROVED:ms [08-00000-3498 Library Grants 108-431-056-299-0000 Contract Services lbr the monthly service charges and the one-Iimc fees. |08—43 l -056-502-0000 Computer Equipment for the equipment chargest ENVIRONMENTAL REVIEW: This action is not subject to review under the California Environmental Quality Act (CEQA). ORDINANCE:INTRODUCTION:FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD l COMMISSION RECOMMENDATION: Approved by the Library Board of Trustees on January 5.2022. ATTACHMENTS: 1.Staff Report 2.Funding Commitment Decision Letter 3.Resolution 140 of 339 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 141 of 339 Page 2 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. 142 of 339 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 jryan@nationalcityca.gov 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. November 8, 2021 2 144 of 339 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). November 8, 2021 3 145 of 339 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 4 146 of 339 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. November 8, 2021 5 147 of 339 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. November 8, 2021 6 148 of 339 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, November 8, 2021 7 149 of 339 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] November 8, 2021 8 150 of 339 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 APPROPRIATIONS 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 to obtain laptops and wireless internet 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 $15,225.80 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. // 151 of 339 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 152 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) 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. 153 of 339 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 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. MEX!Joyce Ryan DEPARTMENT:LibLary&Co--)munity Services PHONE:619-470-5882 APPROVEDBY:‘., EXPLANATION:J Please see attached staff report FINANCIAL STATEMENT:APPROVED:FINANCE ACCOUNT No.APPROVED:MIS No Fiscal Impact —there is no fiscal impact associated with the report. ENVIRONMENTAL REVIEW: No CEQA Exemption -This action is not subject to review under the California Environmental QualityAct(CEQA). ORDINANCE:mmonucnou FINAL ADOPTION STAFF RECOMMENDATION: Staff recommends that the City Council approve the reso ution authorizing the display of artwork in the City Council Chamber located in City Hall;and approving the installation of Artwork by Artist Francisco Morales. BOARD /COMMISSION RECOMMENDATION: Approved by the Public Art Committee at a Special Meeting Tuesday,November 16,2021;approved by unanimous vote. ATTACHMENTS: 1.Staff Report with Artwork Images 154 of 339 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 Page 2 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. 156 of 339 Page 3 Staff Report – Approval of Artwork for City Hall Council Chambers January 18, 2022 City Hall Council Chambers Artwork 157 of 339 Page 4 Staff Report – Approval of Artwork for City Hall Council Chambers January 18, 2022 Possible Images for Back Wall Framed Photographs 158 of 339 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 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; and WHEREAS, it is increasingly common 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. /// 159 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 160 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 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. 161 of 339 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 162 of 339 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. 163 of 339 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. 164 of 339 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 165 of 339 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 166 of 339 October 7, 2021 2021 PROP D INDEPENDENT REVIEW COMMITTEE Attachment 1 167 of 339 Pledge of Allegiance 2| 168 of 339 Agenda • Introductions • Proposition D Background • Committee Role • Selection of Chair • General Fund Financial Overview Presentation • Data Requests & Questions • Schedule November & December meetings 3| 169 of 339 Introductions •City Staff • Brad Raulston, City Manager •Molly Brennan, Administrative Services Director •Paul Valadez, Budget Manager • Committee Members • Dr. Sherry Ryan •Ray Major • Meya Alomar 4| 170 of 339 Proposition D Background 171 of 339 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| 172 of 339 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| 173 of 339 Proposition D History Main Drivers of Financial Need: • Prop 13 • State redirection of municipal revenue to school districts • Great 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| 174 of 339 Proposition D History 9| 175 of 339 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 | 176 of 339 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 | 177 of 339 Committee Role 178 of 339 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 | 179 of 339 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 | 180 of 339 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 | 181 of 339 Chair Selection Committee members select a Chair from amongst themselves to lead the meetings 16 | 182 of 339 General Fund Financial Overview 183 of 339 Background • Incorporated in 1887 • 62,000+ population • 9.12 sq. miles • 2,000+ businesses • National City Marine Terminal & Port of San Diego • 87.2 acres of City park land • Full service City with approximately 400 employees 18 | 184 of 339 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 Mi l l i o n s 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 | 186 of 339 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 187 of 339 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 188 of 339 Sales Tax by Category 23 | 189 of 339 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 | 190 of 339 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 191 of 339 Property Tax Revenue 5% 7% 7% 28% 53% FY22 Taxable Assessed Property Values by Category Unsecured Industrial Other Commerical Residential 26 | 192 of 339 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 | 193 of 339 Property Tax Trends 99 3 , 2 6 5 46 9 , 6 8 2 40 0 , 9 2 1 32 2 , 4 3 0 29 0 , 8 2 6 23 4 , 4 6 0 19 5 , 0 1 2 14 8 , 9 7 5 14 7 , 4 2 6 13 3 , 5 9 3 12 5 , 4 4 7 12 2 , 6 6 8 11 9 , 0 4 4 11 6 , 5 7 3 10 0 , 9 1 2 92 , 8 1 5 90 , 8 2 0 74 , 2 4 9 TOTAL ASSESSED VALUE PER CAPITA FY21 28 | 194 of 339 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 Mi l l i o n s 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 | 196 of 339 Historical Fund Balance 31 $0 $10 $20 $30 $40 $50 $60 $70 2012 2013 2014 2015 2016 2017 2018 2019 2020 Mi l l i o n s 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 Mi l l i o n s 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 199 of 339 Financial Forecast 34 | 200 of 339 Forecast Revenue Assumptions • 3% annual growth in: • Public safety services to neighboring agencies • 2.5% annual growth in: • Property taxes • Sales 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 | 201 of 339 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 | 202 of 339 Financial Forecast without TUT 37 | 203 of 339 Financial Forecast 38 | 204 of 339 Data Requests & Questions 205 of 339 Schedule Next Meetings November December 206 of 339 Adjournment 207 of 339 November 2, 2021 2021 PROP D INDEPENDENT REVIEW COMMITTEE Attachment 2 208 of 339 Pledge of Allegiance 2 |209 of 339 Agenda •Approval of Minutes •Public Comment •Committee Role Refresher •Mayor Sotelo-Solis •Staff Presentation •Committee Discussion of Recommendation 3 |210 of 339 Committee Role Refresher 211 of 339 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 |212 of 339 Mayor Sotelo-Solis 213 of 339 General Fund Financials Clarifications, Personnel, Pension, Economic Development, Financial Management 214 of 339 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 Mi l l i o n s 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 Mi l l i o n s 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 Mi l l i o n s Budgeted 217 of 339 Personnel 11 | 32% 68% General Fund FY22 Expenditures Non-Personnel Personnel 218 of 339 Personnel 12 | 320 340 360 380 400 420 440 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Total Budgeted FTEs 219 of 339 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 325 220 of 339 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 |221 of 339 Personnel –Ten Year Historical Salary Increases by Labor Group 15 |222 of 339 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 |223 of 339 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 |224 of 339 Funded Status CalPERS Pension Plans 18 | Miscellaneous Plan: $42.7M UAL* $0 $50 $100 $150 $200 $250 2017 2018 2019 2020 Mi l l i o n s 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 Mi l l i o n s 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. 225 of 339 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 20 2 3 20 2 4 20 2 5 20 2 6 20 2 7 20 2 8 20 2 9 20 3 0 20 3 1 20 3 2 20 3 3 20 3 4 20 3 5 20 3 6 20 3 7 20 3 8 20 3 9 20 4 0 20 4 1 20 4 2 20 4 3 20 4 4 20 4 5 20 4 6 20 4 7 Mi l l i o n s Projected UAL Payments (6.5% Discount Rate)21-Year POB 226 of 339 Estimated POB Savings 20 |227 of 339 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 228 of 339 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 Mi l l i o n s Mi l l i o n s City of National City Projected Revenues, Expenditures, and Unassigned General Fund Balance Unassigned GF Balance Reserve Policy Goal Revenue Expenses229 of 339 Economic Development 230 of 339 CarMax 24 | •On City Council agenda tonight for approval •Expected completion in FY2025 •Property and sales tax revenue increase unquantified 231 of 339 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 232 of 339 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 234 of 339 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 235 of 339 Committee Recommendation Discussion 236 of 339 Adjournment 237 of 339 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 rate 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, DETERMINE, 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. /// 238 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 239 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 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. 240 of 339 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, 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) Community Development. The applicant is proposing to vacate Kimball Way between ‘F’ Avenue and East 14th Street. The vacation is in association with the Kimball Highlands (Community HousingWorks) and San Ysidro Health PACE Clinic projects, currently under review. The area 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. The attached background report describes the proposal in detail. 1. Background Report 4.Project Rendering 2.Street Vacation Exhibit 5.Project Timeline 3.Site Photos 6.Resolution 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 241 of 339 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 Kimball Highlands project, which will provide 143 units affordable to low-income families and individuals 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’ Avenue and East 14th Street. The vacation is in association with the Kimball Highlands (Community HousingWorks) and San Ysidro Health 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 apartment 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 the site buildout is included as Attachment 4. The development is in accordance with the fully executed Disposition and Development Agreement (DDA) between Community HousingWorks (CHW), the Community 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  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  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  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  248 of 339 ATTACHMENT 4 N 2021-23 SC – Kimball Highlands / San Ysidro Health (PACE) Clinic Approximate location of cul-de-sac  249 of 339 N  250 of 339  251 of 339 ATTACHMENT 5 Kimball Highland Master Plan Timeline Milestone Date 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 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 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 report 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 CITY 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 14th 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. /// 253 of 339 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 254 of 339 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. 255 of 339 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 256 of 339 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 257 of 339 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 258 of 339 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 259 of 339 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. 260 of 339 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- 261 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 1 of 7 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. Staff Recommendation Recommend approving the following items: 1. Ranked list of projects from the scoring review of the submitted applications to the Community Development Commission-Housing Authority of the City of National City Notice of Funding Availability (NOFA) for Affordable Housing; and 2. Initiate the underwriting process and development of loan documents to award a loan of up to $10,000,000 for the following Affordable Housing New Construction Project – Azuriik. Executive Summary This Council Agenda Report presents the results of the Community Development Commission- Housing Authority of the City of National City Notice of Funding Availability (NOFA) for Affordable Housing released in October 2021. The NOFA provided an opportunity for housing development companies to apply for approximately $10 million in available Fiscal Year (FY) 2022 funding. The NOFA solicited applications for affordable housing rental or ownership projects, prioritizing projects that serve low-income households, created new affordable rental and ownership housing, leveraged outside resources, projects that are ready to start construction, align with the components of the 2021-2029 Housing Element and 2021-2025 Housing Strategic Plan, and are projects in communities of opportunity (e.g., near transit and amenities), among other criteria indicated in the NOFA Guidelines (Exhibit 1). The funds will serve as gap financing for new construction, acquisition with rehabilitation, or rehabilitation of affordable rental, homeownership, and permanent supportive housing projects. The funding is intended to partially fill the gap in a development’s financial structure after all other available sources of housing development funds are utilized. These funds will provide financing at below-market interest rates with deferred loan repayment for affordable housing projects. After the release of the NOFA on October 14, 2021, a total of two (2) applications were received by the November 19, 2021 deadline. The applications were reviewed for compliance in terms of the NOFA and evaluated according to the established NOFA Evaluation Criteria. Projects were then ranked based on the scoring criteria described in the NOFA. Table 1 provides the final point score, amount requested, and the funding recommendation for the submitted applications. 262 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 2 of 7 Table 1. Application Final Point Score and Funding Recommendation Applicant Project Name Site Address Total Units Total Affordable Units Final Point Score Amount Requested Funding Recommedation MAAC National City, LP Azuriik 233 Roosevelt Avenue National City 400 396 120 $10,000,000 $10,000,000 Wakeland Housing and Development Corporation Union Tower 2313 F Avenue National City 94 93 116 $8,000,000 $0 The recommended action will initiate the underwriting process and development of loan documents to award a loan of up to $10,000,000 to one (1) affordable housing rental project. The project is Azuriik, 233 Roosevelt Avenue (MAAC National City, LP). Additional details regarding the project recommended for funding can be found in Exhibit 2. The project will construct a single 22-story, elevator-served, high rise mixed-use affordable housing building containing 400 units where 396 are affordable units. The project is expected to leverage approximately $187,000,000 in non-City funding investments from County and State funding programs, private lenders, and tax credit investors. Background The Community Development Commission-Housing Authority of the City of National City (Housing Authority) Notice of Funding Availability (NOFA) for affordable housing was released on October 14, 2021, and applications were due on November 19, 2021. The NOFA made approximately $10 million in total funds available for all capital requests for new construction, acquisition with rehabilitation, or rehabilitation of affordable housing serving households earning up to 60% of the Area Median Income (AMI) for rental projects and households earning up to 80%-120% of the AMI for homeownership projects. Capital funds are from the Housing Authority’s Housing Fund and are subject only to the conditions set forth in the NOFA. Applicable Area Median Income (AMI) Level Funds included in the NOFA provide an opportunity for National City to facilitate the acquisition and new construction, acquisition with rehabilitation, or rehabilitation of affordable rental or homeownership in the City of National City for households with low income (up to 60 percent of San Diego County’s Area Median Income [AMI]), very low income (up to 50 percent of AMI), and extremely low income (up to 30 percent of AMI). 263 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 3 of 7 Affordability Targeting The NOFA guidelines set forth an affordability targeting for both rental projects and ownership projects. Rental projects must provide units (excluding managers’ units) affordable to low-income households as follows: • One hundred percent (100%) of units funded with Housing Authority funds must be restricted as affordable at or below 60% AMI. • Rents for affordable units must be the lesser of the designated restricted rent limit or ten percent (10%) below market rate within a 1 mile radius. • At least twenty percent (20%) of the affordable units must have annual rents plus utility allowance of no more than 30% of 30% AMI, and be reserved for very low income households earning less than 30% AMI. • No more than fifteen (15%) of the affordable units may have annual rents plus utility allowance between 30% of 80% AMI and 30% of 120% AMI (Moderate-Income Units). Ownership projects must provide units affordable as follows: • One hundred percent 100% of units funded must be restricted as affordable. • The affordable units must have an average affordability level of 100% AMI or less. For example, in a 26 unit project, 10 units could be targeted to households at 120% AMI, 10 units at 80% AMI, and 6 units at 100% AMI. • Priority will be given to projects targeting some units to households at 80% of AMI or below. • Households with incomes up to 120% of AMI are eligible for assisted units, provided the average affordability level of the affordable units is 100% of AMI or less (see example provided above). Funds as Gap Financing The funds per the NOFA is for new construction, acquisition with rehabilitation, or rehabilitation of affordable rental, homeownership, and permanent supportive housing projects and is intended to partially fill the gap in a development’s financial structure after all other available sources of housing development funds are utilized. Such “other available funds” may include but are not limited to: private bank loans, equity from the sale of low-income housing tax credits, owner equity, sale of tax-exempt Multifamily Housing Revenue Bonds, state and federal funding, grants and donations, and other public and private sources of funds. Applicants are expected to pursue financing from all available sources. As appropriate, financial assistance to the selected project will be made in the form of amortized payments or residual receipts loans. The terms of the loans outlined in the NOFA shall be subject to negotiation on a project-by-project basis. All loans will be secured by a lien on the property. Applicants who previously received a funding commitment from the City for the development of a project are not eligible to apply for the same project. 264 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 4 of 7 NOFA Application Process A NOFA of available funding was issued on October 14, 2021. Applications were considered through a competitive application process as indicated in the NOFA guidelines. A total of 2 applications were received by the November 19, 2021 deadline, requesting a total of $18 million for the $10 million available funds in the NOFA. A summary of the submitted applications are indicated in Table 2. No applications were deemed substantially incomplete or rejected. Table 2. Summary of Applications Submitted Project Name Project Description Site Address Total Units Total Development Cost Amount Requested Union Tower 94-unit community of affordable apartment homes with on-site services and community amenities designed to help resident thrive 2313 F Avenue National City 94 $46,458,814 $8,000,000 Azuriik A new construction Type 1, single 22-story, elevator- served, high rise mixed-use affordable housing building, containing 400 units and offering 11,253 square feet of indoor and outdoor community service facility space 233 Roosevelt Avenue National City 400 $197,147,112 $10,000,000 Scoring Review A set of third-party reviewers evaluated the applications according to the established Evaluation Criteria in the NOFA. The Evaluation Criteria is shown in Table 2. • Readiness – Reviewers reviewed the applications and awarded points based on the Readiness Criteria as described in the NOFA. This includes a review of the funding sources and commitments, the narrative description of the financing approach, degree to which outside funding is pursued, the funding commitments to the project, and the anticipated receival of entitlements and community support. • Developer Experience and Capacity – Reviewers reviewed the applications and awarded points based on the Developer Experience and Capacity Criteria as described in the NOFA. This includes a review of history of completing affordable housing projects on time and within budget, completing a similar project in the past, team experience and capacity, financial strength, and alignment with Housing Authority’s goals, objectives, and actions outline din the Housing Authority’s Strategic Housing Plan and 2021-2029 Housing Element. 265 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 5 of 7 • Project Budget – Reviewers reviewed the applications and awarded points based on the Project Budget Criteria as described in the NOFA. This includes a review of completeness and reasonable anticipated development costs. • Amenities & Community Space – Reviewers reviewed the applications and awarded points based on the Amenities & Community Space Criteria as described in the NOFA. This includes a review of the anticipated amenities and community space features as part of the project. • Location – Reviewers reviewed the applications and awarded points based on the Location Criteria as described in the NOFA. This includes a review of the project’s location in terms of geographic equity, potential for neighborhood revitalization, and proximity to high-quality transit, school, community center, public park, and grocery store. • Target Population and Project Attributes – Reviewers reviewed the applications and awarded points based on the Target Population and Project Attributes Criteria as described in the NOFA. This includes a review of providing more low income rental units than 20% of units serving households with rents no more than 30% of 30% of AMI and the number of larger units provided. • Collaboration & Planning – Reviewers reviewed the applications and awarded points based on the Collaboration and Planning Criteria as described in the NOFA. This includes a review of local planning efforts, community engagement and outreach efforts, and potential to address community needs. This space is intentionally left blank 266 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 6 of 7 Table 3. Evaluation Criteria Criteria 1. Readiness a. Indicated and Sufficient Evidence of Funding Sources b. Innovative Financing c. Leveraging d. Funding Commitments e. Site Control and Anticipation of Entitlements 2. Developer Experience and Capacity a. Project History b. Developer Experience, Capacity & Staffing c. Developer Financial Strength d. Strength of the Development Team e. Bonus Point Category 3. Project Budget 4. Amenities & Community Space 5. Location a. Geographic Equity b. Neighborhood Revitalization c. Proximity to Nearby Amenity: Public Transit d. Proximity to Nearby Amenity: School e. Proximity to Nearby Amenity: Community Center or Public Park f. Proximity to Nearby Amenity: Grocery Store 6. Target Population and Project Attributes a. Income Targeting b. Unit Size 7. Collaboration & Planning a. Local Planning Efforts b. Community Engagement c. Addressing Community Needs Total Points Available The applications were scored by a set of reviewers based on the evaluation criteria in the NOFA. The scores were compiled and averaged to develop the final point score for the applications for each criteria. Table 4 shows the final point score (an average of the scores assigned by the reviewers) for each criteria. 267 of 339 Attachment No. 1 City of National City January 18, 2022 Staff Report Explanation Page 7 of 7 Table 4. Final Point Score for Submitted Applications Criteria Points Available Final Point Score - Union Final Point Score - Azuriik 1. Readiness 45 33 38 2. Developer Experience and Capacity 35 30 28 3. Project Budget 15 11 13 4. Amenities & Community Space 5 4 5 5. Location 25 23 21 6. Target Population and Project Attributes 15 3 3 7. Collaboration & Planning 15 13 12 Total Points Available 155 116 120 Next Steps Once the developer has secured its financing including remaining gap funding sources, Housing Authority staff and its financial consultants will underwrite the final loan amount not-to-exceed Ten Million Dollars ($10,000,000) and draft loan documents for approval by the developer and General Counsel of the Housing Authority. The awarded Affordable Housing Project will be subject to the terms and conditions of Project Labor Agreement currently being negotiated between the City of National City and the San Diego Building and Construction Trades Council if the Project Labor Agreement is fully executed and in effect before loan is funded by the Housing Authority. The loan award is not final until a Loan Agreement is approved by the Housing Authority. Exhibits 1. Community Development Commission-Housing Authority of the City of National City Notice of Funding Availability (NOFA) for Affordable Housing Guidelines 2. Azuriik - Cover Letters and Application Forms 3. Union Tower - Cover Letters and Application Forms 268 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Community Development Commission- Housing Authority of the City of National City Notice of Funding Availability (NOFA) Description: NOFA for Affordable Housing Submittal Deadline: November 19, 2021 5:00PM Exhibit 1 Page 1 of 43 269 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 2 Table of Contents 1.0 Overview and General Information .................................................................................................. 4 1.1 Process and Timeline .......................................................................................................................... 6 2.0 Requirements .................................................................................................................................... 6 2.1 Eligibility .............................................................................................................................................. 6 2.1.1 Eligible Applicants ........................................................................................................................ 6 2.1.2 Eligible & Ineligible Activities and Costs ...................................................................................... 7 2.2 Loan Terms and Underwriting ............................................................................................................ 7 2.2.1 Limitations on Swapping Awards ............................................................................................... 12 2.2.2 Loan Commitment Reservation Period ...................................................................................... 12 2.2.3 Loan Termination or Reduction ................................................................................................. 12 2.3 Affordability Targeting ...................................................................................................................... 12 2.3.1 Minimum Affordability – Rental Projects .................................................................................. 13 2.3.2 Minimum Affordability – Ownership Projects ........................................................................... 13 2.4 Financing Guidelines ......................................................................................................................... 13 2.4.1 Minimum and Maximum Loan Amounts ................................................................................... 13 2.4.2 Construction Contingency .......................................................................................................... 14 2.4.3 Maximum Per-Unit Total Development Costs (TDC) ................................................................. 14 2.5 Developer Fee Limit .......................................................................................................................... 14 3.0 Evaluation Criteria ........................................................................................................................... 14 3.1 READINESS (maximum 45 points) ..................................................................................................... 15 3.2 DEVELOPER EXPERIENCE AND CAPACITY (maximum 35 points) ...................................................... 16 3.3 PROJECT BUDGET (maximum 15 points) .......................................................................................... 18 3.4 AMENITIES & COMMUNITY SPACE (maximum 5 points) .................................................................. 18 3.5 LOCATION (maximum 25 points) ...................................................................................................... 18 3.6 TARGET POPULATION AND PROJECT ATTRIBUTES (maximum 15 points) ........................................ 19 3.7 COLLABORATION AND PLANNING (maximum 15 points) ................................................................. 20 4.0 Application ...................................................................................................................................... 21 4.1 Cover letter ....................................................................................................................................... 21 4.2 Application ........................................................................................................................................ 21 4.2.1 Application Information & Project Summary ............................................................................. 22 4.2.2 Development Team Members Resume & Capacity ................................................................... 22 Exhibit 1 Page 2 of 43 270 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 3 4.2.3 Applicant Experience and References........................................................................................ 22 4.2.4 Site Control and Demonstration of Value .................................................................................. 23 4.2.5 Zoning ......................................................................................................................................... 23 4.2.5 Tenant Relocation ...................................................................................................................... 23 4.2.6 Evidence of Construction Scope and Cost Estimate .................................................................. 24 4.2.7 Commercial Space Funding ........................................................................................................ 24 4.2.8 Other Funding Sources ............................................................................................................... 24 4.2.9 Project Timeline ......................................................................................................................... 24 4.3 Project Narrative ............................................................................................................................... 24 4.4 Project Vicinity Map .......................................................................................................................... 25 4.4.1 Project Maps of High-Quality Transit and Community Services ................................................ 25 4.5 Project Pro forma .............................................................................................................................. 25 4.6 Outreach Efforts ................................................................................................................................ 26 4.7 Neighborhood and Local Government Support ................................................................................ 26 4.8 Preliminary Management and Marketing Plan ................................................................................. 26 4.9 Market Demand ................................................................................................................................ 27 4.10 Applicant Financial Statements/capacity ........................................................................................ 28 5.0 Application Attachments ................................................................................................................ 28 Attachment A – Area Median Income Limits for San Diego County, CTCAC Rent Limits, Monthly Utility Allowances .............................................................................................................................................. 29 Attachment B – Affordable Home Price ................................................................................................. 31 Attachment C – Map of Low and Moderate-Income Areas in National City .......................................... 32 Attachment D – Application Checklist .................................................................................................... 33 Attachment E – Application Form ........................................................................................................... 34 Attachment F – Developer Experience Worksheets ............................................................................... 35 Attachment G – Developer Capacity Worksheets .................................................................................. 37 Exhibit 1 Page 3 of 43 271 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 4 1.0 Overview and General Information The Community Development Commission-Housing Authority of the City of National City (Housing Authority) is pleased to announce the availability of Fiscal Year 2022 funding for housing through this Notice of Funding Availability (NOFA). This NOFA includes approximately $10 million in total funds for all capital requests for new construction, acquisition with rehabilitation, or rehabilitation of affordable housing serving households earning up to 60% of the Area Median Income (AMI) for rental projects and households earning up to 80%-120% of the AMI for homeownership projects. Capital funds are from the Housing Authority’s Housing Fund and are subject only to the conditions set forth in this NOFA. Applicable Area Median Income (AMI) Level Funds included in this NOFA provide an opportunity for National City to facilitate acquisition and new construction, acquisition with rehabilitation, or rehabilitation of affordable rental or homeownership in the City of National City for households with low income (up to 60 percent of San Diego County’s Area Median Income [AMI]), very low income (up to 50 percent of AMI), and extremely low income (up to 30 percent of AMI). Projects with proposed income averaging will be reviewed on case-by-case basis. All applicable federal funding regulations for AMI requirements will apply. Eligible Projects – Capital Funds These funds will provide financing at below-market interest rates with deferred loan repayment. This NOFA only applies to developments located in the City of National City. Funds as Gap Financing This NOFA is for new construction, acquisition with rehabilitation, or rehabilitation of affordable rental, homeownership, and permanent supportive housing projects and is intended to partially fill the gap in a development’s financial structure after all other available sources of housing development funds are utilized. Such “other available funds” may include but are not limited to: private bank loans, equity from the sale of low-income housing tax credits, owner equity, sale of tax-exempt Multifamily Housing Revenue Bonds, state and federal funding, grants and donations, and other public and private sources of funds. Applicants are expected to pursue financing from all available sources. As appropriate, financial assistance to the selected project will be made in the form of amortized payments or residual receipts loans. The terms of the loans outlined in the NOFA shall be subject to negotiation on a project-by-project basis. All loans will be secured by a lien on the property. Applicants who previously received a funding commitment from the City for the development of a project are not eligible to apply for the same project. Application Selection The Housing Authority reserves the right to reject any and all submittals, including rejection of applications that may rank high in points relative to other applications. Selection of projects, to be funded or not funded, shall be subject to the approval of the Housing Authority in its sole discretion and Exhibit 1 Page 4 of 43 272 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 5 based upon a determination of which project is most likely to meet the Housing Authority’s goal of timely creating additional cost-effective affordable housing. The Housing Authority’s available funding is extremely limited and the Housing Authority may not be able to fund every desirable project that is proposed. The public benefits and financial impacts of submitted applications will be carefully compared. Qualified developers with affordable housing development experience are encouraged to submit applications. The Housing Authority, in its sole discretion, may adjust and substitute funding sources, based on the available and most appropriate funding sources for projects at the time the loan recommendation is presented to the Housing Authority. The Housing Authority reserves the right to reallocate and/or supplement funds from one NOFA to another, or from any other available source of funds, should it be deemed advisable by the Housing Authority, in its sole discretion. However, nothing contained herein creates an obligation upon the Housing Authority to reallocate or supplement funds. Application Submittal Applicants are required to submit a complete application with all applicable exhibits to ensure the most recent and up to date project information is available to the Housing Authority. Applicants should request the amount needed to ensure feasibility of their project regardless of the amount of funds available through this process. The deadline for submitting proposals in response to the NOFA is 5:00 P.M. on November 19 ,2021. Proposals will be reviewed for compliance with the terms of this NOFA and evaluated according to the established NOFA Evaluation Criteria. All applications submitted within the application period shall be reviewed by the Housing Authority staff and third-party analyst to ensure compliance with all the application requirements and shall be competitively scored. Projects that apply to the NOFA will be ranked based on scoring criteria described in the NOFA. Staff will request that the Board of Commissioners of the Housing Authority approve the ranked list of projects and a total amount of funds to be awarded. The Housing Authority reserves the right to request additional information and/or to reject any or all proposals. The Housing Authority will take the following priorities into account for the NOFA process: • The creation of new affordable rental & ownership housing developments. • Assistance for housing projects targeting people experiencing homelessness and extremely low- income households including Permanent Supportive Housing projects; • Project Readiness; and • Projects that align with the components of the 2021-2029 Housing Element and 2021-2025 Housing Strategic Plan. Interested and qualified developers who can successfully demonstrate their ability to acquire, build, and operate affordable housing are encouraged to submit applications. Questions related to this NOFA must be submitted by email to nationalcity.2021nofa@gmail.com by 5:00 P.M. on November 1, 2021. Exhibit 1 Page 5 of 43 273 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 6 1.1 PROCESS AND TIMELINE The Housing Authority has developed a comprehensive process to evaluate responses to this NOFA against specific evaluation criteria. The principal steps in the submission and evaluation process are: • Applicants must submit: one (1) copy of the proposal and required exhibits to https://bit.ly/2021NOFA_Submit • The Checklist (Attachment D) should be used as the Table of Contents for the application. • Each applicant will be permitted to submit one application for this NOFA round. In the event of a joint application, the application will count towards the lead developer’s application limit. • All materials must be submitted electronically, as noted above. Forms/templates may be downloaded from https://bit.ly/2021NOFA • Completed applications should be uploaded to https://bit.ly/2021NOFA_Submit, no later than 5:00 p.m. on November 19, 2021. Applications received after the deadline will not be considered. • The Housing Authority will evaluate applications in accordance with the established Evaluation Criteria. Applications that are deemed substantially incomplete may be rejected. • Applicants will be ranked in accordance with the score received using the Evaluation Criteria. • Applicants will be notified of the results of the evaluation no later than February 2022. • Once the staff review is completed, the top scoring application(s) will be presented to the Housing Authority Board of Commissioners and final funding approval will be made in spring 2022. • Once funding is approved by the Housing Authority and the developer has secured its remaining gap funding sources, staff will draft loan documents for review by the developer and the City Attorney. All items required at this stage must be submitted and approved by the Housing Authority before the loan can close. Construction may not start until all required items have been received and approved, and the Housing Authority has issued a Notice to Proceed. • A loan award is not final until a loan agreement signed by both the Housing Authority and the borrower that spells out all required terms and conditions of the loan is signed. Recommendation for approval from staff does not constitute an award of a loan. 2.0 Requirements The Housing Authority provides financial assistance to developers of lower income housing. The Housing Authority requirements are generally consistent regardless of the original source of funding. However, for certain requirements, one source of funds may allow greater flexibility than others. Applicants should assume that federal requirements will apply. If the use of federal funds creates a significant feasibility problem, this should be explained in the application cover letter. 2.1 ELIGIBILITY 2.1.1 Eligible Applicants Applications will be accepted from non-profit and for-profit organizations, joint ventures, or partnerships that serve low-income households, and those experiencing homelessness. Exhibit 1 Page 6 of 43 274 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 7 2.1.2 Eligible & Ineligible Activities and Costs Eligible Activities and Costs Funds from this NOFA may be used for the following activities and costs, including but not limited to: • Construction and/or permanent financing for the acquisition, pre-development, and/or rehabilitation, and new construction of affordable rental housing • Temporary Relocation costs • “Hard” costs of construction and/or rehabilitation of housing • “Soft” costs associated with the acquisition (including pre-acquisition due diligence costs), financing fees and costs and/or residential rehabilitation, including marketing costs, appraisals, architect and engineering fees, building permit and impact fees, developer/applicant fees, construction management, financial consulting, environmental assessments and reports, legal and accounting expenses, title insurance, purchase costs, holding costs associated with the property such as taxes, insurance and debt service, option fees (to be repaid no later than the date of the purchase of the property), property inspections, capitalized replacement reserves. • Mixed-use projects (containing both residential and non-residential space) are eligible. Generally, living space should make up the majority of the development. In any case, only the affordable housing portion of the project will be assisted and commercial costs need to be split out from the residential costs. Ineligible Activities and Costs Funds from this NOFA may not be used for the following activities and costs, including but not limited to: • Luxury/higher-end features such as granite countertops, high-end stainless-steel appliances, and swimming pools should be avoided because such features contribute to the funding gap. Instead, developer/owner/applicants are encouraged to design projects with modest design and features; • Non-residential uses such as commercial space or off-site improvements • Permanent Relocation • Resident Services costs (upfront or ongoing) • Operating reserves • Furnishings 2.2 LOAN TERMS AND UNDERWRITING Loan terms/underwriting are subject to change by the Housing Authority at its sole discretion. The Housing Authority reserves the right to impose such additional and/or revised conditions in the final documentation of the transaction as may be approved by the Housing Authority and as are reasonably necessary to protect the interests of the Housing Authority and the City and fulfill the intent of this NOFA. Additional details are outlined below in Table below. If loan terms other than those listed below are sought for a project, the cover letter must explicitly state the requested terms with a detailed explanation of the reasons you are requesting such terms. Such requests are granted at the sole discretion of the City and Housing Authority. Exhibit 1 Page 7 of 43 275 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 8 Table 1. Loan Terms Affordability Term Restricted units must remain affordable for a minimum of 55 years. Appraised Value Purchase price (land and improvements) must not exceed the property’s appraised value. Cash Out Any refinances that result in cash out to the borrower or related entity shall be evaluated by the Housing Authority and may result in additional underwriting requirements and be subject to a third-party financial analysis. Closing Costs Borrower shall pay all escrow, title and closing costs, including, without limitation, paying for an American Land Title Association lenders policy for the Housing Authority loan, with endorsements acceptable to the Housing Authority, ensuring the Housing Authority loan lien priority, as referenced in this NOFA. Contingency Fifteen percent of the Housing Authority’s loan amount will be withheld as contingency and will be paid upon construction completion, as applicable, and once an unconditional lien release from the general contractor and subcontractors is received by the City. This contingency will be reduced by any project cost savings. Cost Savings If there are any cost savings, improved debt, or improved tax credit equity pricing, then such funds will be used first to make an adjustment to the total tax credit allocation as may be required by the California Tax Credit Allocation Committee (CTCAC). Thereafter, 50 percent of the excess sources/cost savings will be applied toward the reduction of the Housing Authority’s loan. The borrower shall submit the final tax credit cost certification to the Housing Authority for its review and approval prior to the final payment being released. Debt Coverage Ratio Minimum of 1.15. The Housing Authority will review the proposed financing structure and operating pro forma to determine the development’s feasibility during the affordability period. Projects proposing the use of Low-Income Housing Tax Credits shall demonstrate financial feasibility for a minimum 17-year term. Developer Fee Because the developer fee is paid out of development costs and contributes to the financing gap: • Developer/applicant fee payments for tax-credit projects shall be in accordance with lender and investor requirements. • For developments requiring relocation of residents, final payment of developer fees will not be made until the Housing Authority verifies that tenant relocation has been completed in full compliance with all tenant relocation laws. The Housing Authority, at its sole discretion, will analyze projects requiring any type of relocation on an ad hoc basis. • Projects proposing the use of Low-Income Housing Tax Credits: Deferred developer fee must be paid off by year 15. Due Diligence (post-award) If the project is selected, the following are to be provided at borrower’s expense post- award (eligible expense to be reimbursed by loan proceeds): • Phase I/II Environmental Reports • National Environmental Policy Act (NEPA) Environmental Assessment (if required) • Prevailing Wage Consultant/Monitor (federal prevailing wage may be required with a HOME funding allocation) • Permanent and Temporary Relocation Plan (for occupied units and/or businesses); Relocation Consultant (if required) • Third-Party, Line-by-Line Hard Cost Budget (must be submitted 60 days before financing close) • Third-Party Construction Review • Third-Party Borrower capacity review Exhibit 1 Page 8 of 43 276 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 9 Fee Fees to the Housing Authority include (these fees can be reduced by loan proceeds): • Underwriting Fee. A flat underwriting fee in the amount of $40,000 will be charged for each project as reimbursement of the Housing Authority’s costs related to underwriting and issuing the loan. This must be included in the total development cost of a proposed project and is to be paid at close of escrow and/or at loan closing. • Legal Fee. The Housing Authority charges a legal costs fee for document preparation and review that must be included in the total development cost of a proposed project. Current Housing Authority legal fees are $25,000 and are to be paid at the close of the escrow (additional $2,500 for City Attorney fees on 4 percent tax-exempt Multifamily Housing Revenue Bond projects). • Compliance Monitoring Fee. Compliance monitoring fees must be incorporated into the operating pro forma. Borrower will pay the fee in accordance with the City fee schedule. Current annual fees are as follows: o $201 per monitored unit • Third-Party Construction Review Fee. The Housing Authority may require a third- party review of the construction costs/budget to determine the reasonableness of construction hard costs, post award. The third-party reviewer will be selected by the Housing Authority and paid for by the borrower. Current fees are up to $12,500 and are to be paid at close of escrow. Financing Gap The borrower will cover any financing gap that arises after the Housing Authority underwriting, with its equity, its developer fee, and/or other non- Housing Authority sources, all of which shall be subject to the approval of the Housing Authority in its sole and reasonable discretion. General Contractor The Construction Contract shall be competitively bid to at least three qualified General Contractors or three qualified subcontractors for each major trade involved in the construction of the Project. Contracts shall be awarded to the lowest most qualified and responsive bidder (affiliated General Contractors are allowed). The General Contractor is subject to Housing Authority approval. Negotiated contracts are prohibited, and work must be bid down to all subcontractors. Insurance The borrower shall at all times during the term of the loan maintain General Liability and Property Insurance in a form acceptable to the City and the Housing Authority and approved by the City’s General Counsel. The City and the City of National City Housing Authority shall be listed as additional insureds for General Liability Insurance and Property Insurance, and the City and the City of National City Housing Authority shall be endorsed as a loss payee of the Property Insurance. Interest 4 percent simple interest Limited Partnership Fee Limits (Tax Credit Financed Projects) If applicable, year 1 limited partnership fees shall be capped at $25,000. Partnership fee increases will be capped at 3 percent annually. Unpaid General Partner fees shall not accrue. The Housing Authority will require the Limited Partnership Agreement to include this requirement. Loan Amount Negotiable Exhibit 1 Page 9 of 43 277 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 10 Loan Disbursements Disbursement shall be upon submittal and approval of eligible costs. Disbursement schedule shall be as follows, if the project is tax credit financed: • Up to 75 percent at escrow closing; • 10 percent at 50 percent of completion; • 10 percent upon project completion; • 5 percent (contingency) upon conversion to permanent loan. The Housing Authority Executive Director, is authorized to modify the loan disbursement schedule in his/her sole reasonable discretion, for good cause shown. Loan proceeds are disbursed for work completed upon Housing Authority approval of payment requests in a form approved by the Housing Authority. Verifiable documentation of expense must be submitted with all payment requests. Loan Term Rental Projects 55-year minimum Ownership Projects 4-year minimum Loan Payments Regularly scheduled payments from amortized payments or residual receipts are required. • Amortized loans shall be repayable for a maximum term of 55 years at 4 percent simple interest with the first payment due at the end of the first calendar year after project completion. • Residual receipts loans shall be repayable for a maximum term of 55 years at 4 percent simple interest with the first payment due at the end of the first calendar year after project completion. • All principal and interest shall be due and payable concurrently with any sale, transfer, conveyance or cash-out refinancing of the property. The Housing Authority’s portion of residual receipts will be: If no other public lenders: o Years 1-55: 50 percent of residual receipts to the Housing Authority If other public lenders: o Proportionate split of residual receipts The Housing Authority defines residual receipts as the net cash flow of the development after specified expenses and must pay debt service. The standard payment formula is the lesser of the amortized payment or 50 percent of residual cash flow, with a minimum payment of one-half of estimated first-year residual cash flow starting at the end of the first year after project completion. In the event that the project loan is rolled over into direct homeowner assistance, the assistance loan(s) must be repaid with interest on the sale or transfer of the unit, unless the unit is resold to a qualified low-income household. The project must ensure that there is a deed restriction or other legally enforceable retention mechanism to ensure compliance. Loans for ownership projects are provided at 4 percent simple interest for a minimum term of 4 years. Managers’ Units Experienced on-site property management is required. The number of managers’ units must be in conformance with lender and local, state and federal requirements. Maximize Other Funding Sources The borrower is required to pursue the maximum available financing from other sources. If awarded, these other sources of funds would be used first to pay Housing Authority- approved cost overruns and/or reductions in estimated funding. The remaining additional proceeds, as allowed by CTCAC, would reduce the Housing Authority’s permanent loan. Exhibit 1 Page 10 of 43 278 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 11 Maximum Per- Unit Total Development Costs (TDC) $495,000 Operating Expenses As required by CTCAC. https://www.treasurer.ca.gov/ctcac/2021-operating-expense-minimums.pdf Property Manager Fee The borrower’s proposed property manager’s fee must be reasonable and is subject to the Housing Authority approval. Purchase Option Tax Credit Structured Projects must provide the Housing Authority with the first option to purchase at the end of the 15-year tax credit compliance period, or at the end of the Housing Authority loan term, whichever is first. Recourse The Housing Authority’s loan will be recourse until the timely completion of the construction, after which it will become non-recourse. Reserves Allowable reserve categories are limited to the following: Replacement Reserves, Operating Reserve, and a Rent Up Reserve. The Housing Authority, in its sole discretion, reserves the right to require adjustments to any of the allowable reserves. Replacement Reserves and Operating Reserves must be consistent with CTCAC requirements and/or with the requirements of the most restrictive funding source proposed. The Housing Authority, in its sole discretion, reserves the right to require higher operating or replacement reserves. Replacement reserves for multifamily rental projects shall not exceed $300.00 per unit, per year. Operating Reserves shall be no less than three (3) months and no more than six (6) months of operating expenses and debt service. Rent-up reserves shall not exceed $300.00 per unit. Any funds remaining in the rent-up reserves account will be transferred to the replacement reserve account. Prior to the loan closing, the borrower will be required to document to the Housing Authority’s satisfaction any funds disbursed from this account. All unexpended funds remaining in project reserve accounts must remain for project use during the term of the Housing Authority’s loan or the project Extended Use Period, whichever is longer. The limited partnership agreement must include a provision addressing the terms and conditions for disbursement from the reserve accounts that specifically states that upon the transfer of any ownership interest or at the end of the compliance period, whichever is earlier, any funds remaining in the reserve accounts must remain with the project for the term of the Housing Authority’s loan or the Extended Use Period, whichever is longer. Existing developments applying for tax credits and/or refinancing will be required to show existing reserves as a source. Any amounts greater than these limits require a detailed explanation by the developer and prior approval by the Housing Authority. Security The Housing Authority’s loan shall be evidenced by a Loan Agreement, Promissory Note and Deed of Trust. Exhibit 1 Page 11 of 43 279 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 12 Underwriting Vacancy Rate Assumption 5 percent 2.2.1 Limitations on Swapping Awards With bond allocations now being competitive, it is critically important that funds are awarded to projects that are ready to move forward in an effort to align limited Housing Authority resources with timely unit production to address the affordable housing shortage in National City. To ensure the efficient use of program funds, applicants seeking to change funding sources, specifically from a 9 percent tax credit to a 4 percent tax credit or vice versa, must obtain prior written approval from the Housing Authority. Applicants will be required to submit a revised pro forma and timeline for execution, as well as the rationale for the request to change funding or other needed documents as the Housing Authority deems needed in its sole discretion to evaluate the project. 2.2.2 Loan Commitment Reservation Period Upon issuance of an award letter, funds will be reserved for 24 months. Time extensions may be granted upon successful funding award of other funders, at the sole discretion of the Housing Authority. The Housing Authority reserves the right to cancel its fund reservation if the Housing Authority loan has not closed escrow/commenced construction by the end of the 24th month. Fund reservation time extensions may be granted at the sole discretion of the Executive Director of the Housing Authority, or designee. If applicable, the Housing Authority loans are contingent upon the applicant obtaining commitments from all other necessary sources of funding. The Housing Authority reserves the right to cancel fund reservations for developments not proceeding in compliance with the timeline as proposed by the applicant in their loan application. 2.2.3 Loan Termination or Reduction Loan commitments or agreements may be reduced or terminated if the Housing Authority determines, in its sole discretion that: a. One or more conditions of the commitment, agreement, due diligence items or disbursement terms have not been, or will not be met; b. The borrower has violated program guidelines; c. Anticipated project financing sources are not awarded, and no alternative financing plan acceptable to the Housing Authority is presented; or d. Project Development expenses are less than projected. In this case, the amount of the loan will be reduced to an amount required to meet actual expenses. This is not an exhaustive list and the Housing Authority reserves the right in its sole discretion to terminate or reduce the loan amount. 2.3 AFFORDABILITY TARGETING See Attachment A (Area Median Income Limits for San Diego County, CTCAC Rent Limits, Monthly Utility Allowances). Maximum rents must be adjusted downward by an allowance for tenant-paid utilities in accordance with the HUD Utility Schedule Model where instructions may be found at www.huduser.org/portal/resources/utilallowance.html. Exhibit 1 Page 12 of 43 280 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 13 The Area Median Income (AMI) range for household income can be higher than the rent or sales price restrictions to ensure a range of household income levels are served. Rents and tenant incomes will be annually reviewed for compliance by the Housing Authority. 2.3.1 Minimum Affordability – Rental Projects Proposed projects must provide units (excluding managers’ units) affordable to low-income households as follows: • One hundred percent (100%) of units funded with Housing Authority funds must be restricted as affordable at or below 60% AMI. • Rents for affordable units must be the lesser of the designated restricted rent limit or ten percent (10%) below market rate within a 1 mile radius. • At least twenty percent (20%) of the affordable units must have annual rents plus utility allowance of no more than 30% of 30% AMI, and be reserved for very low income households earning less than 30% AMI. • No more than fifteen (15%) of the affordable units may have annual rents plus utility allowance between 30% of 80% AMI and 30% of 120% AMI (Moderate-Income Units). Priority will be given to projects that exceed the threshold affordability minimums. Affordability restrictions apply for the full term of the regulatory agreement, regardless of whether another subsidy source continues to be available. 2.3.2 Minimum Affordability – Ownership Projects • One hundred percent 100% of units funded must be restricted as affordable. • The affordable units must have an average affordability level of 100% AMI or less. For example, in a 26 unit project, 10 units could be targeted to households at 120% AMI, 10 units at 80% AMI, and 6 units at 100% AMI. • Priority will be given to projects targeting some units to households at 80% of AMI or below. • Households with incomes up to 120% of AMI are eligible for assisted units, provided the average affordability level of the affordable units is 100% of AMI or less (see example provided above). See Attachment B for Affordable Home Prices. 2.4 FINANCING GUIDELINES 2.4.1 Minimum and Maximum Loan Amounts • The maximum Housing Authority loan amount is forty percent (40%) of the total residential development cost of the project’s affordable units (those units subject to long term affordability restrictions). • If applicable, the value of any Housing Authority land donations will be counted as part of the maximum allowable subsidy total. • Please round requested loan amounts to $1,000 increments. • Other sources of appropriate financing must be identified, but not necessarily committed, at the time of application. Projects will be reviewed to ensure that only the minimum level of Housing Authority subsidy needed will be provided. All other sources of funding must be committed before closing of the Housing Authority loan. Exhibit 1 Page 13 of 43 281 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 14 2.4.2 Construction Contingency A minimum of 15% construction cost contingency for new construction and for rehabilitation projects is required. 2.4.3 Maximum Per-Unit Total Development Costs (TDC) There is a maximum residential development cost of $495,000 per unit for projects receiving funding through this NOFA. The Housing Authority reserves the right in its sole discretion to reject any and all applications if total development costs, as provided in an application’s development budget, exceed this amount. The Housing Authority reserves the right to increase the limit, however, in exceptional circumstances where the Housing Authority, in its sole discretion, determines that such increase will contribute to the Housing Authority’s goal of creating additional housing, including but not limited to situations where underground parking is being proposed. 2.5 DEVELOPER FEE LIMIT The maximum Developer Fee shall be the same as the maximum allowed under the State Tax Credit Allocation Committee regulations for those projects that have been or will be awarded Low-Income Housing Tax Credits, as adopted at the time this NOFA was issued. For projects not receiving Low- Income Housing Tax Credits, the maximum Developer Fee shall be the same as the maximum allowed under the State of California Housing and Community Development 2017 Uniform Multifamily Regulations. 3.0 Evaluation Criteria Complete applications will be scored in the following categories. Maximum points in each category are noted. Please note that points will be rounded to the nearest ¼ point. Projects scoring less than 50% of possible points are unlikely to be awarded funding. In all cases, points are awarded for exceeding, rather than meeting, the threshold requirements for the category. The discussion following contains a more detailed description of the criteria. Criteria Points Available 1. Readiness 45 a. Indicated and Sufficient Evidence of Funding Sources b. Innovative Financing c. Leveraging d. Funding Commitments e. Site Control and Anticipation of Entitlements 2 8 10 10 15 2. Developer Experience and Capacity 35 a. Project History b. Developer Experience, Capacity & Staffing c. Developer Financial Strength d. Strength of the Development Team e. Bonus Point Category 10 10 5 4 6 3. Project Budget 15 4. Amenities & Community Space 5 Exhibit 1 Page 14 of 43 282 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 15 Criteria Points Available 5. Location 25 a. Geographic Equity b. Neighborhood Revitalization c. Proximity to Nearby Amenity: Public Transit d. Proximity to Nearby Amenity: School e. Proximity to Nearby Amenity: Community Center or Public Park f. Proximity to Nearby Amenity: Grocery Store 5 5 5 2 4 4 6. Target Population and Project Attributes 15 a. Income Targeting b. Unit Size 10 5 7. Collaboration & Planning 15 a. Local Planning Efforts b. Community Engagement c. Addressing Community Needs 4 6 5 Total Points Available 155 3.1 READINESS (MAXIMUM 45 POINTS) a. All sources and uses of funds are clearly indicated and sufficient evidence of funding availability and/or commitments are included (2 points). b. Innovative Financing – Narrative description of the financing approach to fund the project (8 points). i. Describe the Development Team’s financing approach to the project and present preliminary financing plan that shows a feasible project consistent with current Housing Authority underwriting practice. ii. Include the Team’s process for structuring the project and controlling development costs. Including cost fluctuations due to COVID (the pandemic) iii. Include innovative strategies intended to minimize Housing Authority’s projected capital gap financing. iv. Applicants must provide a narrative that describes any innovative (i.e., non- standard, routine or commonly used) direct or indirect cost-cutting strategies relevant to overall development, construction or operating expenses. c. Leveraging – Degree to which outside funding will be pursued (10 points). The Housing Authority’s federal, state and local capital funds are intended to fill the gap in a project’s financial structure after all other available sources of housing capital funds are utilized. Such “other available funds” may include, but are not limited to: private bank loans, equity from the sale of low-income housing tax credits, owner equity, sale of tax-exempt Multifamily Housing Revenue bonds, state and federal funding, grants and donations, and other public and private sources of funds. Projects must demonstrate that they have applied (or will apply within the next 90 days after application submission) for additional sources other than senior debt, tax credits and bonds and Housing Authority gap financing. Applicants must provide the following supporting documents, including but not limited to: i. Copies of award letters, where applicable, Exhibit 1 Page 15 of 43 283 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 16 ii. Letter of Intent (from the tax credit investor), iii. Term Sheet from bank, iv. If the project has not yet applied to other available funds, but will apply within the next 90 days after submission to this NOFA, this must be included in the Project Timeline. The above list provides examples and is not an exhaustive list. d. Funding Commitments – degree to which outside funding has been committed (10 points). i. Points will be given based on non-Housing Authority financing currently committed to the project, as follows: Leveraged Financial Resources as a Percent of Total Development Cost Greater than: Points 5% 10% 15% 20% 25% 30% 35% 40% 45% 50% 1 2 3 4 5 6 7 8 9 10 e. Site Control and Anticipation of Entitlements – Applicant has site control, and the project is anticipated to receive entitlements and community support by showing one of the following (15 points): i. Entitlement Application Submittal to City of National City or Preliminary Review Request. Applicants must provide proof of submission, such as a copy of the invoice from the City of National City. ii. Entitlement Approvals or Confirmation from City of National City that project may proceed with staff approvals. Applicants must submit a clear and legible scanned copy of the approved development permit, variance, or other discretionary approval from the City. Should the project be ministerial/by right, the applicant shall submit evidence of this by providing verification of zoning for the parcel(s) and the APN’s, and a parcel map. The Housing Authority may request additional documentation 3.2 DEVELOPER EXPERIENCE AND CAPACITY (MAXIMUM 35 POINTS) f. Project History (10 points) i. Points are awarded for completing an affordable housing projects on time and within budget within the last ten years (by the Developer, not other team members). 2 points will be awarded for each completed project (up to 6 points). ii. Points will be given for completing a project similar to the proposed project by the Developer within the last ten years. 2 points will be awarded for each additional similar project (up to 4 points). Exhibit 1 Page 16 of 43 284 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 17 iii. If the developer is a joint venture, projects will be scored based on the experience of the lead developer. Where partners have approximately equal participation, the individual scores of each partner will be averaged. g. Developer Experience, Capacity & Staffing (10 points) i. Points are awarded based on evidence that the staff, including the Project Manager and supervisory staff, proposed to work on the current proposal have the necessary experience and that the organization has adequate staffing capacity to undertake the project. ii. Developer/Applicant Experience: Must detail demonstrated, successful experience in developing affordable rental housing, successful operation of completed developments, capacity to perform the administrative, managerial, and operational functions to oversee the work necessary to successfully complete the proposed development. The Housing Authority reserves the right to limit the number of projects funded and under construction. The Housing Authority reserves the right to require third-party review of the developer/applicant’s experience and capacity. iii. General Contractor Experience: Must include a resume (of the general contractor) that demonstrates successful experience in projects that are similar in type, scale and complexity to proposed project. iv. Construction Management Experience: Must include a resume of the construction manager that demonstrates the necessary construction management experience to complete the proposed multifamily rehabilitation project. At a minimum, the resume must include the length of time in the field of construction management of multifamily housing and a list of projects, tasks and or experiences, including occupied in-place rehabilitation that demonstrate the necessary construction management experience to complete the proposed renovation project. v. Project Management Experience: Must include a resume of the project manager that demonstrates a capacity to oversee the project. The resume must include the length of time managing affordable housing, and specific examples of projects managed, tasks and or experiences that demonstrate the necessary project management experience required to complete the proposed project. vi. Property Management Experience: Must include a resume of the project manager that includes, but is not limited to the following details: • A list of properties currently managing - categories (supportive, large family, etc.) of affordable housing managed by subject organization, • Examples of experience with specific affordable housing finance and corresponding regulatory programs to date, and\ • Subject organization experience providing property management and or regulatory compliance and reporting services to projects similar to that of the proposed project. h. Developer Financial Strength (5 points) Exhibit 1 Page 17 of 43 285 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 18 i. Points are awarded based on evidence that the Developer is financially sound and will be able to sustain the costs of effectively following through with the current proposal, based on review of current interim and previous years audited financial statements. ii. Provide audited financial statements for the development team for the past two years. If audited financial statements are not available, please submit evidence of the development team’s financial capacity to develop the proposed project (including income statements, balance sheets, statement of owner’s equity, and cash flow statements, etc.) for the three most recent years. i. Strength of Development Team (4 points) i. Points are awarded based on the provided experience of the Development Team members (Developer Principals, Property Manager, Attorney, Architect, Financial Consultant, etc.) .. j. Bonus Point Category (maximum of 6 points) i. 2 points will be awarded if within a joint venture partnership, the less experienced partner is allowed first right of refusal to purchase the land and/or building after the 15-year tax credit compliance period ii. 2 points will be awarded for projects that align with Housing Authority’s goals, objectives, and actions outlined in the Housing Authority’s Strategic Housing Plan and 2021-2029 Housing Element iii. 2 points will be awarded for committing ground floor commercial space at below market rates (e.g., non-profit organizations and arts & cultural users) 3.3 PROJECT BUDGET (MAXIMUM 15 POINTS) k. Project budget is complete and anticipated development costs are reasonable. 3.4 AMENITIES & COMMUNITY SPACE (MAXIMUM 5 POINTS) l. The project has adequate open space and community serving areas such as a computer room, social services office space, bike storage, and community room with kitchen. 3.5 LOCATION (MAXIMUM 25 POINTS) Projects will be awarded a maximum of 25 points. Distance must be measured using a standardized radius from the development site to the target amenity unless that line crosses a significant physical barrier or barriers. Such barriers include highways, railroad tracks, regional parks, golf courses, or any other feature that significantly disrupts the pedestrian walking pattern between the development site and the amenity. The radius line may be struck from the corner of development site nearest the target amenity, to the nearest corner of the target amenity site. However, a radius line shall not be struck from the end of an entry drive or on-site access road that extends from the central portion of the site itself by 250 feet or more. Rather, the line shall be struck from the nearest corner of the site’s central portion. Where an amenity such as a grocery store resides within a larger shopping complex or commercial strip, the radius line must be measured to the amenity exterior wall, rather than the site boundary. The resulting distance shall be reduced in such instances by 250 feet to account for close-in parking. m. Geographic Equity: (5 points) Exhibit 1 Page 18 of 43 286 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 19 i. 5 points will be awarded for rental projects located in census tracts with percentage of low/mod income persons at or above 51%, as shown in Attachment C (Map of Low and Moderate-Income Areas in National City). n. Neighborhood Revitalization: (maximum 5 points) i. Points will be awarded to projects which include or combine the following, as evidenced in the Neighborhood Narrative and Revitalization Description of the Application. • Contribute to an existing or planned pattern of targeted redevelopment such as a Specific Plan Area or Priority Development Area (housing or commercial development, streetscape improvements, etc.) occurring within 1/4 mile of the project site. o. Proximity to High-Quality Transit: (maximum 5 points) i. Applicant provides a map with pin drop of the property to the transit in Google Maps, using walking directions. ii. Projects will be awarded 5 points if they are within 0.5 miles of a bus station, light rail station, or bus stop that provides service at least every 30 minutes during the hours of 7-9 a.m. and 4-6 p.m., Monday through Friday. iii. If frequency and hours cannot be met but the project is still within 0.5 miles, 3 points will be awarded. p. Proximity to School: (2 points) i. Applicant provides a map with pin drop of the property to the identified school(s) in Google Maps, using walking directions. ii. Projects will be awarded 2 points if they are within 0.5 miles of a school. q. Proximity to Community Center or Public Park: (maximum 4 points) i. Applicant provides a map with pin drop of the property to the identified community center or public park in Google Maps, using walking directions. ii. Projects will be awarded 2 points if they are within 0.5 miles of a public library or community center that is open at least 5 days a week to the general public. iii. Projects will be awarded 2 points if they are within 0.5 miles of a public park. r. Proximity to Grocery Store: (maximum 4 points) i. Applicant provides a map with pin drop of the property to the identified full- scale grocery store in Google Maps, using walking directions. ii. Projects will be awarded 4 points if they are within 0.25 miles of a full-scale grocery store or include a food market as part of the development. iii. Projects will be awarded 2 points if they are within 0.50 miles of a grocery store. 3.6 TARGET POPULATION AND PROJECT ATTRIBUTES (maximum 15 points) s. Income Targeting: (10 points) i. Points are awarded for rental projects providing more low income rental units than the threshold requirement. For the threshold requirement, 20% of units must be set aside serving extremely low income households with rents no more than 30% of 30% of AMI. • 2 points will be awarded for each additional full one-percent of affordable units with restricted rents at or below 30% of 20% of AMI. Exhibit 1 Page 19 of 43 287 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 20 • 1 point will be awarded for each additional full one-percent of affordable units with restricted rents at or below 30% of 30% of AMI. t. Unit Size: Number of larger units (5 points) i. Points are awarded for the number of units provided with 2, 3, or more bedrooms. Family projects are required to include a threshold minimum 15% of 3+ bedroom units. ii. ½ point will be awarded for each 20% of units that have 2 bedrooms. iii. 1 point will be awarded for each additional 5% of units with 3 bedrooms or larger (above the minimum threshold). 3.7 COLLABORATION AND PLANNING (MAXIMUM 15 POINTS) u. Local Planning Efforts (4 Points) i. 0 points will be awarded if there is no identified local plan or planning effort that the Project implements. ii. Up to 2 points will be awarded if there are vague answers regarding local plans or planning efforts being implemented. iii. Up to 4 points will be awarded if there is explicit detail on integration of local planning efforts that include multiple program goals (e.g., housing, active transportation, community connectivity, transit oriented development) in the Project. v. Community Engagement (6 points) i. 0 points will be awarded if CBOS and residents were not informed of or involved in Project development. No community outreach plan is laid out for future engagement. ii. Up to 2 points will be awarded if CBOs and residents were informed of, but not involved in, Project development. Plan is laid out for future engagement, but provides no or minimal details. iii. Up to 4 points will be awarded if CBOs and residents were brought into Project development process after Project component selection. Plan is laid out for future engagement but does not consider how to ensure broad CBO or resident participation. iv. Up to 6 points will be awarded if CBOs and residents were involved from initial visioning of the Project, and a clear, detailed plan is laid out for how they will be engaged as Project moves forward. There were strong efforts made by the applicant to create opportunities for involvement accessible to all Project Area residents, including the area’s most vulnerable populations. w. Addressing Community Needs (5 points) i. 0 points will be awarded if no engagement was conducted to identify community needs was performed. Community needs beyond housing and transportation are not addressed. ii. Up to 1 points will be awarded if no or limited engagement was conducted to identify and meet community needs. Community needs beyond housing and transportation are not addressed. Exhibit 1 Page 20 of 43 288 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 21 iii. Up to 3 points will be awarded if engagement was conducted to identify community needs, and requested community input on how to meet those needs. iv. Up to 5 points will be awarded if an in-depth engagement process was conducted to identify community needs, and incorporated community input on how to meet those needs. 4.0 Application 4.1 COVER LETTER The proposal must include a cover letter, limited to two pages, on official letterhead that provides a description of the project. The letter must also provide contact information for the person with authority to negotiate on behalf of the development team. The Applicant must certify that the proposal response and exhibits are true and correct at the time of submittal. An unsigned and/or undated submission will not be considered. The cover letter should include but is not limited to the following: • Summary Information o Amount requested o Number and size of units (number of bedrooms) o Target population served o Location o Total Development cost • Site Information o Current use of site o Distinguished features o Any environmental issues • Physical Characteristics o Type of construction o Number of stories o Location • Amenities and Services o Common facilities and amenities o Resident service programs (if included) • Funding Type Limitations o If the use of federal funds creates a significant feasibility problem, this should be explained in the application cover letter. Application Checklist Item(s): Narrative Cover Letter 4.2 APPLICATION An application form is provided as Attachment E and should be included in your application along with the following: Exhibit 1 Page 21 of 43 289 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 22 4.2.1 Application Information & Project Summary If the Applicant is not acting as the developer, please provide all of the requested information for the developer as well as for the Applicant. If the developer involves multiple entities, please provide all the requested information for each entity, and identify the entity that will serve as the “lead” organization. Include a summary of the project including project name, site address, existing conditions, project’s housing units mix, and other components identified in the application form. Application Checklist Item(s): Application Information & Project Summary in Application Form 4.2.2 Development Team Members Resume & Capacity Include resumes of development team members. Resumes should provide the name, address, contact person, telephone number, and e-mail address for members of the proposed project team. Identify the developer principals and project manager, architect, civil engineer, contractor, construction manager, property manager (if applicable), owner (if different than developer) and social services provider (if applicable). If known, identify the lenders, attorneys, accountants, subcontractors, and consultants. Resumes of the development team members should also include detailed description of experience. Include Attachment H (Developer Capacity Worksheets) for the development team members. These worksheets should provide name of project staff, their role in other current or planned developments, years of relevant experience, and years with this developer. Include an organizational chart the partnership that shows all the relative equity relationships of the corporate entities that comprise the overall organization. Application Checklist Item(s): Development Team Resumes & References, Developer Capacity Worksheets, Organizational Chart 4.2.3 Applicant Experience and References Provide a description of experience of the development team in the following form: • At least one project and no more than five projects that are similar to the project being proposed. See Attachment F for Developer Experience Worksheets. The following information should be provided for each project: o Site location; o A narrative description of the project’s characteristics; o Number of units in the project; o The total project costs; o The income and affordability restrictions that were imposed on the project; o Identification of any public financial assistance that was provided to the project; o The role the Applicant played in the project; and o Contact information for a representative of the jurisdiction in which the project is located. Application Checklist Item(s): Developer Experience Worksheets Exhibit 1 Page 22 of 43 290 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 23 4.2.4 Site Control and Demonstration of Value Include evidence of site control, and provide a real estate appraisal or current tax documentation that substantiates the value of the property. Applicants must have control of the project site through one of the following methods: • Fee title, • Option to purchase, • Land sales contract, • Leasehold with development provisions, • Purchase and Sale Agreement, or • Any other enforceable instrument. Application Checklist Item(s): Evidence of Site Control, Real estate appraisal or current tax documentation that substantiates the value of the property 4.2.5 Zoning At the time of application, applicants must demonstrate that the project’s zoning will permit the scope of development as proposed. If the project’s zoning will not permit the scope of development proposed, the applicant must demonstrate to Housing Authority’s satisfaction that all discretionary land use approvals can be granted within 180 days of the application submittal. Applicants must: • locate the project site on the most recent City zoning map; and • provide a copy of the Verification of Zoning and Land Use Entitlement Approvals that is submitted for tax credit applications; or • A zoning confirmation letter from the City; and/or • Explain how you plan to obtain the necessary approvals within 180 Application Checklist Item(s): Project Zoning Map and Evidence of Entitlement Approvals 4.2.5 Tenant Relocation If the project is occupied at the time of proposal submission, include a Tenant Relocation Plan. The developer is responsible for providing tenant relocation assistance should the proposed project require or result in the temporary or permanent displacement of current tenants. The Plan must include, at a minimum, the following: • Total number of households in the project and number of households to be permanently or temporarily displaced. • A list and description of all households to be temporarily or permanently displaced (include current address, name, household size, and ages of the household members). • Circumstances under which the displacement is necessary. • Description of assistance to be provided and a schedule for assistance. • Source(s) of funds to be used for relocation assistance. • Procedures/methods by which those being displaced will be advised of their rights and available assistance. Exhibit 1 Page 23 of 43 291 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 24 Application Checklist Item(s): Tenant Relocation Plan (if applicable) 4.2.6 Evidence of Construction Scope and Cost Estimate Applicants must provide: a. A detailed Scope of Work (SOW). The SOW for projects with rehabilitation must include areas that need assistance, especially all health and safety issues; and b. A Third-Party Cost Estimate that includes, at a minimum, the items identified in the SOW. Application Checklist Item(s): Detailed Scope of Work and Third-Party Cost Estimate 4.2.7 Commercial Space Funding Housing Authority capital funds cannot be used to fund commercial/retail space. Applications must show non-Housing Authority sources of funds for any commercial space in the project (including acquisition cost and/or rehabilitation cost) on the project pro forma or state in the General Application narrative that Housing funds will not be used as a source for commercial/retail spaces. Related application checklist Items: Pro Forma Analysis and/or Project Narrative 4.2.8 Other Funding Sources Identify the other funding sources proposed to be used to pay for the project costs. Identify any funding sources that have already been committed to the project, funds for which applications have been submitted, and funds for which applications are anticipated to be submitted. Applicants should maximize the use of available state and county funding to reduce the subsidy needs from the city. The total funding sources, including the proposed loan, must equal the estimated development costs for the proposed project. Application Checklist Item(s): Other Funding Sources Supporting Documentation 4.2.9 Project Timeline Applicants must provide a timeline for the proposed project that includes the projected date of all major development benchmarks related to financing, entitlements, community approvals, construction, and lease up. If the development timing is anticipated to vary across several properties to be involved in the project, provide a development timing schedule for each property Application Checklist Item(s): Project Timeline in Application Form 4.3 PROJECT NARRATIVE Provide a project narrative for the questions listed below. The project narrative is a word-processed document of not more than 10 single-spaced pages responding to the questions listed below. The document should be a font size of 10 with 1-inch margins. • Question 1 - The purpose and the scope of the project. • Question 2 - Identify the neighborhood the project will serve. o Include narrative about: The current uses of the project site and surrounding area; A general description of the neighborhood character including typical land uses; Local building construction type and condition. o All appropriate land use designations must be satisfied prior to financing close. Exhibit 1 Page 24 of 43 292 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 25 • Question 3 - Describe how the proposed project will contribute to the overall enhancement and revitalization of the neighborhood. o Specifically, discuss: How the proposed project will impact its immediate surroundings. The Specific Plan Area or a Priority Development Area, identify the Area, if applicable. How the proposed project will prevent the displacement of low-income residents. The average income of the census tract in which the project is located • Question 4 - Document neighborhood services (public transportation, schools, shopping, etc.). • Question 5 - Identify what local planning efforts the Project implements, and if applicable, describe what particular components of the Project are derived from a local plan. • Question 6 - Describe how the project aligns with the Housing Authority’s Strategic Housing Plan and 2021-2029 Housing Element • Question 7 - Describe how community-based organizations and local residents have been meaningfully involved in the visioning and development of this Project. Explain in which stage(s) of the process community members and CBOs have been and will be engaged. Describe efforts to involve Disadvantaged and/or Low-Income Community residents, including how meetings were advertised and made accessible. • Question 8 - Discuss the process and timing to receive entitlement approvals. If available, provide proof of entitlement. • Question 9 - Describe the innovative strategies for the financing approach and processing for structuring the project and controlling development costs to fund the proposed project. Application Checklist Item(s): Project Narrative 4.4 PROJECT VICINITY MAP A map showing the project site is required. The map should include a conceptual site plan for a new construction project. The map should clearly delineate the project site boundaries, major cross streets, and surrounding neighborhoods. Application Checklist Item(s): Project Vicinity Map and Conceptual Plans 4.4.1 Project Maps of High-Quality Transit and Community Services A map with pin drop of the property to the transit in Google Maps, using walking directions. A map with pin drop of the property, to the Community Services (school, community center or public park, full-scale grocery store) in Google Maps, using walking directions. Application Checklist Item(s): High-Quality Transit Project Map and Community Services Project Map(s) 4.5 PROJECT PRO FORMA Include a pro forma analysis for the proposed project. The pro forma analysis should include the following: • Estimated Development Costs o Include Direct, Indirect, and Financing Costs • Estimated Annual Net Operating Income for 55 years o Include monthly and annual revenue by income unit Exhibit 1 Page 25 of 43 293 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 26 o Include Annual expenses such as general operating expenses, property tax expense, reserves deposits • Sources of Funds Statement o Include Construction Period Financing Sources o Include Permanent Funding Sources Applicants should not include project base vouchers in the pro forma unless there is a standing commitment between applicant and the Housing Authority. Application Checklist Item(s): Pro Forma Analysis 4.6 OUTREACH EFFORTS Include an Outreach Plan and evidence that a minimum level of community outreach has been achieved or will be achieved. Applicants must contact neighborhood organizations in the vicinity of the proposed development. The Outreach Plan should describe how you will build support for your project and address community concern, including a list of all individuals and organizations with whom you have met or will meet to discuss the project, and the approximate dates of each phase of the plan. The evidence of community outreach plan can include the following: • Copy of announcements of the meetings (flyers, advertisements, etc.) • Copy of the agenda for the meetings • Copy of handouts or other information used, including reductions of material presented on easel boards • Sign-in sheets from community meetings • Minutes of the community meeting Application Checklist Item(s): Outreach plan 4.7 NEIGHBORHOOD AND LOCAL GOVERNMENT SUPPORT Include letters of support from local organizations and governmental entities within the area of the proposed project. The Housing Authority cannot provide a letter of support. Application Checklist Item(s): Support Letters 4.8 PRELIMINARY MANAGEMENT AND MARKETING PLAN A Preliminary Management Plan and Marketing Plan or Marketing and Sales Plan must be submitted in the application. For rental projects, a Final Management and Marketing Plan will be required 180 days prior to construction completion and a Management Contract must be submitted to the Housing Authority 90 days prior to construction completion. The final Marketing Plan must be approved prior to beginning rent-up activities, including marketing flyers and application materials. Exhibit 1 Page 26 of 43 294 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 27 For ownership projects, the Final Marketing and Sales Plan must be approved prior to commencement of construction and marketing of units. Developers must include pre-purchase homebuyer counseling, offer post-purchase counseling for at least one year, and provide one year home warranties. Application Checklist Item(s): Marketing Plan 4.9 MARKET DEMAND Applicants must verify the market demand for the proposed housing by providing a brief market demand narrative and include market study, rental survey, recent sales comparables, or an alternative acceptable to the Housing Authority. The market demand narrative is a word-processed document of not more than 3 single-spaced pages for rental projects and 4 single-spaced pages for ownership projects responding to the questions listed below. The document should be a font size of 10 with 1-inch margins. • Question 1 - Describe how the rent or sales price survey provided in the application demonstrates that there is a strong demand for the proposed project and how the project will ensure lease-up or sales on schedule. • Question 2 - (Ownership projects) Provide an explanation of how you will ensure that homes will be in contract with a buyer within 6 months of construction completion. • Question 3 - Describe how the proposed development may impact demand for other existing affordable housing developments in the market area. • Question 4 - Provide other evidence of need for the project, such as how the proposed project provides for needed housing as identified in the City of National City's 2021-2029 Housing Element, or other evidence of market demand. All projects must also provide a market study or survey, as described below: Ownership Projects: Provide comparable sales prices for recently sold homes within two miles similar in square footage and unit type to the proposed units, or provide a market study, that is no more than 1 year old. Applicants may include lists of recently sold homes from websites such as www.zillow.com or www.realestateabc.com (whichever site has the most recent sales), or local newspaper or other listings of recent home sales. Proposed prices should be sufficiently below market prices. Rental Projects: A market study or rental survey must be submitted that is no more than 1 year old. Rental surveys do not need to be completed by a third-party consultant and can be completed in lieu of a market study at the time of application. The rental survey should include a summary of the closest three affordable and three market rate comparables, including their distance from the project, population served, number of units by bedroom size, rent by unit size, service and on-site amenities. Mixed Use Projects: In addition to the above, also provide: • Evidence of demand for commercial/retail space and marketability of space, or at least half the commercial/retail space pre-leased; • Information from brokers on vacancy rates, turnover rates, and market rents in the neighborhood; • Evaluation of the neighborhood's retail environment and relative merits of the newly proposed commercial space. Exhibit 1 Page 27 of 43 295 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Page | 28 If your organization maintains a waiting list of individuals interested in renting a unit from your organization, indicate how many persons or families are on the waiting list and how many of those persons or families are prequalified. In trying to meet local housing needs, the City adopted a local preference policy (Resolution No. 2016-38) that gives preference to applicant households that are currently residents of National City to the maximum extent allowed by law to rent new affordable housing development projects in the City of National City for the initial lease-up of all units restricted at or below 80% of AMI. Application Checklist Item(s): Market Demand Narrative and Market Demand Evidence 4.10 APPLICANT FINANCIAL STATEMENTS/CAPACITY Provide audited financial statements for the development team for the past two years. If audited financial statements are not available, please submit evidence of the development team’s financial capacity to develop the proposed project (including income statements, balance sheets, statement of owner’s equity, and cash flow statements, etc.) for the three most recent years. Application Checklist Item(s): Financial Statements 5.0 Application Attachments Attachment A – Area Median Income Limits for San Diego County, CTCAC Rent Limits, Monthly Utility Allowances Attachment B – Affordable Home Price Attachment C – Map of Low and Moderate-Income Areas in National City Attachment C – Map of Home Ownership Rates in National City Attachment D – Application Checklist Attachment E – Application Form Attachment F – Developer Experience Worksheets Attachment G – Developer Capacity Worksheets Exhibit 1 Page 28 of 43 296 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT A – AREA MEDIAN INCOME LIMITS FOR SAN DIEGO COUNTY, CTCAC RENT LIMITS, MONTHLY UTILITY ALLOWANCES Table 2. Area Median Income Limits for San Diego County by Household Size (2021) Note: *Area Median Income listed above is for 2021, and new limits are released each year. To obtain updated information, go to the HUD Exchange and search for income limits for the San Diego area. Exhibit 1 Page 29 of 43 297 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Table 3. California Tax Credit Allocation Committee 2021 Rent Limits for San Diego County Source: California Tax Credit Allocation Committee 2021 Rent Limits Post 4/1/21+ Table 4. Monthly Utility Allowance Source: Housing Authority of the City of National City Housing Choice Voucher Program Exhibit 1 Page 30 of 43 298 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT B – AFFORDABLE HOME PRICE Exhibit 1 Page 31 of 43 299 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT C – MAP OF LOW AND MODERATE-INCOME AREAS IN NATIONAL CITY Exhibit 1 Page 32 of 43 300 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT D – APPLICATION CHECKLIST Application Item Yes No Not Applicable Comments Narrative Cover Letter Application Form Development Team Resumes Developer Capacity Worksheets (NOFA Attachment G) Organizational Chart Developer Experience Worksheets (NOFA Attachment F) Project Zoning Map Evidence of Entitlement Approvals Evidence of Site Control Real estate appraisal or current tax documentation that substantiates the value of the property Tenant Relocation Plan (Temporary) Tenant Relocation Plan (Permanent) Project Vicinity Map Conceptual Plans Site Photos High-Quality Transit Project Map Community Services Project Map(s) Outreach Plan Support Letters Marketing Plan Pro Forma Analysis Detailed Scope of Work Third-Party Cost Estimate Other Funding Sources Supporting Documentation Project Narrative Market Demand Narrative Market Demand Evidence Financial Statements Exhibit 1 Page 33 of 43 301 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT E – APPLICATION FORM Exhibit 1 Page 34 of 43 302 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 1 of 6 APPLICANT INFORMATION Applicant Name: Identify Applicant: (Check All That Apply) ☐Applicant is current owner and will retain ownership. ☐Applicant is the project developer and will be part of the final ownership entity. ☐Applicant is the project developer and will not be part of the final ownership entity for the project. ☐Other (Please Specify): Address: City: State: Zip Code: Contact Person: Phone Number: Email: DEVELOPMENT TEAM MEMBERS Development Team Structure: (Check All That Apply) ☐Partnership ☐Corporation ☐LLC ☐ Other (Please Specify): Lead Organization: Attachments: ☐Resumes of the Development Team Members •Information should include name, address, contact person, telephone number, and e-mail address for members of the proposed project team. •Identify the developer principals and project manager, architect, civil engineer, contractor, owner (if different than developer) and social services provider (if applicable). •If known, identify the lenders, attorneys, accountants, subcontractors, and consultants. •Resumes should include detailed description of experience. ☐NOFA Attachment G (Developer Capacity Worksheets) for the development team members ☐Organizational Chart DEVELOPER EXPERIENCE WORKSHEETS Attachments: ☐NOFA Attachment F (Developer Experience Worksheets) Exhibit 1 Page 35 of 43 303 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 2 of 6 PROJECT SUMMARY Project Name: Site Information Site Address: City: State: Zip Code: Census Tract No.: Parcel No: Description of Existing Conditions: Description of Environmental Issues: ☐Attach Project Zoning Map ☐Attach Evidence of Entitlement Approvals (Check All That Are Attached) ☐Copy of the Verification of Zoning and Land Use Entitlement Approvals that is submitted for tax credit applications ☐Zoning confirmation letter from the City If the project’s zoning will not permit the scope of development proposed, the applicant must demonstrate to Housing Authority’s satisfaction that all discretionary land use approvals can be granted within 180 days of the application submittal. Explain how you plan to obtain the necessary approvals within 180. (1,000 character limit) (1,000 character limit) (1,000 character limit) Exhibit 1 Page 36 of 43 304 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 3 of 6 PROJECT SUMMARY (continued) Current Site Use: (Check All That Apply) ☐Residential # of Existing Units (if applicable): ☐Commercial ☐Vacant ☐Occupied # of Buildings: Sq. Ft: If occupied, briefly describe uses: ☐Industrial ☐Vacant ☐Occupied # of Buildings: Sq. Ft: ☐Parking Lot ☐In Use ☐Not In Use # of Parking Spaces: ☐Vacant Lot Site Size: Site Control: ☐Yes ☐No Form of Site Control: ☐Current Owner ☐Purchase Agreement ☐Option ☐Other (Please Specify): ☐Attach evidence of site control. ☐Attach a real estate appraisal or current tax documentation that substantiates the value of the property. Tenant Relocation: Temporary: ☐Yes Permanent: ☐Yes ☐No ☐No ☐Attach Temporary and/or Permanent Tenant Relocation Plan (if applicable) If occupied, briefly describe uses: (500 character limit) (500 character limit) Exhibit 1 Page 37 of 43 305 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 4 of 6 PROJECT DESCRIPTION Project Type: (Check All That Apply) ☐Acquisition & Rehabilitation ☐New Construction Housing Type: (Check All That Apply) ☐Family ☐ Seniors ☐Special Needs ☐Veterans ☐ Other (Please Specify): Construction Type (if new construction): Amenities: Total Number of Housing Units: Total Number of Affordable Units: Total Number of Bedrooms: Sq. Ft. of Gross Building Area: # of Parking Spaces: Sq. Ft. of Net Building Area: Unit Breakdown Unit Mix: Studio Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units 4-Bdrm Units Total # of Units Unit Sizes Affordability: Studio Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units 4-Bdrm Units Total Extremely Low Very Low Low Total Attachments: ☐Project Vicinity Map ☐Conceptual Plans ☐Site Photos ☐High-Quality Transit Project Map ☐Community Services Project Map(s) ☐Outreach Plan ☐Support Letters ☐Marketing Plan PROJECT PRO FORMA Attachments: ☐Pro Forma Analysis Exhibit 1 Page 38 of 43 306 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 5 of 6 FUNDING INFORMATION Amount of Funds Requested: Other Housing Authority Fund Previously Received, if any: Total Development Costs: Affordable Residential Only Development Costs: Attachments: ☐Detailed Scope of Work ☐Third-Party Cost Estimate OTHER EXPECTED FUNDING SOURCES Source Name Amount Repayment Terms Application Status / Award Dates Attachments: ☐Other Funding Sources Supporting Documentation PROJECT TIMELINE Milestone Proposed Date (Month Year) City Approval All Funding Sources Awarded Environmental Review & Assessment Completed Commencement of Construction Construction Completed Exhibit 1 Page 39 of 43 307 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 6 of 6 PROJECT NARRATIVE Attachments: ☐Project Narrative The project narrative is a word-processed document of not more than 10 single-spaced pages responding to the questions listed in the NOFA. The document should be a font size of 10 with 1- inch margins. MARKET DEMAND Attachments: ☐Market Demand Narrative The market demand narrative is a word-processed document of not more than 3 single-spaced pages for rental projects and 4 single-spaced pages for ownership projects responding to the questions listed in the NOFA. The document should be a font size of 10 with 1-inch margins. ☐Market Demand Evidence (Study or Survey) Exhibit 1 Page 40 of 43 308 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT F – DEVELOPER EXPERIENCE WORKSHEETS Provide the following information, in roughly the same format, for at least one project and no more than five projects developed within the last ten years. Project Name: Completion Date: City: Total Project Cost: Number of Units: New Construction or Rehabilitation: Project Characteristics: Project Income and Affordability Restrictions: Role of Applicant in Project: Rental or Ownership: Major Funding Sources Source Name Amount Project References - Individual in Local Governing Body most familiar with project. (Include Name, Organization, Title or Relationship to Project, Address, and Phone) Reference #1: Reference #2: Reference #3: Exhibit 1 Page 41 of 43 309 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 Completion (Relative to schedule and budget at start of construction) Budget On time, delayed (by ___ months), etc. Project over budget by ___% If applicable, explain why project was delayed or over budget: Project Key Staff Name Current Title Role in Current Project Project Manager Director of Real Estate Development Executive Director Other Other Exhibit 1 Page 42 of 43 310 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT G – DEVELOPER CAPACITY WORKSHEETS Provide the following information for project staff of the proposed project. Project Staff Name Role in other current or planned developments (For housing development staff, list role, project name, number of units, start and completion dates) Years of Relevant Experience Years with this Developer Project Manager Director of Real Estate Development Executive Director Asset Manager Provide the number of properties overseen by the Asset Manager: Controller / CFO / Accounting Manager Provide the number of accounting staff employed by the developer: Other Other Other Exhibit 1 Page 43 of 43 311 of 339 2021 NOFA: Affordable Housing Application: Azuriik 1.0 Narrative Cover Letter Exhibit 2 Page 1 of 13 312 of 339 To Whom it May Concern, Metropolitan Area Advisory Committee on Anti-Poverty (“MAAC”), Managing General Partner (“MGP”) and lead Co-Developer for MAAC National City, LP (“LP”), and MirKa Investments, LLC (“MirKa”), Administrative General Partner (“AGP”) and Co-Developer of the LP, are proud to submit a response to the National City Affordable Housing NOFA for the Azuriik Project (“Project”). If awarded, the requested $10,000,000 in National City (“City”) funds will fill the remaining gap of the total development costs of $197,147,112, getting the City one step closer to bringing vital and quality intergenerational affordable homes to families, seniors, and people living with developmental disabilities. MAAC brings over 36 years of experience in developing, operating, and managing affordable housing developments. They assisted in developing over 1,000 units spanning across San Diego County, serving a diverse population of families, veterans, individuals experience or at risk of experiencing homelessness, and other special needs populations. Additionally, MAAC is the service provider for their developments offering critical wrap around services for tenants seeking economic advancement, afterschool programs, and other programs and services tailored to each project's needs. MirKa is an emerging San Diego based developer with rapid development trajectory. MirKa leadership has over 50 years of collective housing development experience in their leadership team. This includes financial oversight and project management of permanent supportive housing, affordable housing, mixed-use, and market rate development. Since inception 4 years ago, they have brought 7 projects totaling 415 affordable units to Southern California for a combined transaction volume of approximately $200 million. MirKa has established an impressive pipeline of 16 projects in Southern California with an anticipated 2,800 units of affordable housing anticipated within the next three to five years, with an estimated transition volume of approximately $1.5 billion. A partnership between the LP and National City was established in 2019 for the submittal of an Affordable Housing Sustainable Community (AHSC) application. The partnership would provide critical funds to the City to expand nearby pedestrian walk and bikeways, as well as funding to support the transit oriented urban infill Project. The application received a competitive score of 69.33 and is expected to be awarded. The Project area established with this partnership includes the Project site, and the City’s expansion of the 8th Street/Roosevelt Multi-Use Trail and Bayshore Bikeway. The affordable housing Project site is located on the northeast side of Roosevelt Avenue, between West 2nd Street and West 3rd Street at 233 Roosevelt Avenue, in National City, San Diego County, California. The site totals 0.72 acres consisting of seven separate parcels. To the north of the site is a mixture of small commercial properties and single-family homes, to the south are commercial properties, adjacent to the east is a restaurant and its associated parking lot with Interstate 5 located to the west. The site is currently vacant with some uninhabitable vacant single family and multifamily structures which will be razed during site preparation. On and surrounding this site is natural vegetation including grasses, shrubs, and trees. There are no distinguished features or unique physical characteristics of the vacant project site. There are no known environmental concerns based on a Phase 1 Environmental Assessment Report completed in September of 2021. The proposed Project will be a new construction Type 1, single 22-story, elevator- served, high rise mixed- use affordable housing building, containing 400 units and offering 11,253 square feet of indoor and outdoor community service facility space. The exterior will include window wall system, metal panel, and porcelain/stone tile. The Project amenities will include a lobby, leasing and management offices, business center, community room with kitchen, community service facility space, exercise room, and centrally located laundry facilities. Exterior amenities will include an outdoor courtyard/picnic area, playground, vegetable garden, ping pong table, foosball table, 200 bicycle parking spaces, and 209 parking spaces in a combination of on-grade and subterranean parking garages. Units will be set aside for households earning at or below 30, 50, 60, and 80 percent AMI, seniors (62+) earning at or below 30, 35, and 40 percent AMI. 10 percent of the senior units will be set aside for individuals living Affordable Housing Development  Asset Management Financial Engineering  Project Finance 600 B Street, Suite 300 San Diego, CA 92101 (619) 323-1447 www.MirKaInvest.com Exhibit 2 Page 2 of 13 313 of 339 with disabilities earning at or below 30 percent AMI. 4 units will also be set aside for nonrevenue employee units. There will be 119 OBR/ 1BA at 393 SQ. FT, 203 1BR/1BA at 529 SQ. FT, 49 2BR/1BA at 921 SQ. FT, and 29 3BR/2BA at 1,192 SQ. FT, for a total of 389 bedrooms. The Azuriik will have two service Providers. MAAC, a nationally recognized economic development organization will offer workforce and economic development services, programs, after school programming, and other vital self-sufficiency resources and referrals to the residents. Additionally, ensuring residents can age in place and continue to live in their community throughout their golden years is a priority for the Project team. MAAC will offer specialized and individualized case management to seniors and will incorporate resources, activities, and workshops that support the senior community. This includes but is not limited to wellness classes, health advocacy information, and education and workforce training for those who are currently in or wish to return to the workforce. Additionally, referrals for meal delivery services, home health and personal care aids, and transportation will also be provided. SDRC will offer extensive case management services to residents living with developmental disabilities who are clients or wish to be clients of the SDRC. Examples of services include a continuum of functional skills training that adult client may need to secure or maintain a self-sustaining level of self-sufficiency such as medical, dental, mental health, substance abuse, vocational training, personal safety and hygiene, financial management, cooking/meal preparation, transportation, and mobility training. Please see Exhibit 2 and Exhibit 2A included in this application for copies of service plans. According to the 6th Cycle RHNA Allocation, National City has a need of approximately 5,400 new units of which 1,862 accounts for extremely low to moderate income households. If awarded, the Project would account for 22% of the required RHNA allocation. Additionally, quality and individualized services will be offered to all residents to assist with economic advancement, long term tenancy, and self-sufficiency. The Project will allow individuals living with disabilities and seniors to remain integrated into society and continue to contribute in meaningful ways which can help them gain a renewed sense of self-worth. The goal of the Project Team is to promote coordinated delivery of housing and support services through close coordination between all onsite staff, including Property Management, SDRC, and MAAC and to provide quality affordable homes that foster the success of the residents and the community. If awarded, Arnulfo Manriquez, President and CEO of MAAC, Managing Member of MAAC National City, LLC, MGP of the LP and Kursat Misirlioglu, CEO of MirKa, AGP of the LP, have the authority to negotiate on behalf of development team. The applicant certifies that the proposal response and exhibits are true and correct at the time of submittal. MAAC National City LP, a California limited partnership By: MirKa Investments, LLC, it’s Administrative General Partner By: ____________________ Kursat Misirlioglu, CEO kursatm@mirkainvest.com 619-599-3852 Exhibit 2 Page 3 of 13 314 of 339 To Whom it May Concern, Metropolitan Area Advisory Committee on Anti-Poverty (“MAAC”), Managing General Partner (“MGP”) and lead Co-Developer for MAAC National City, LP (“LP”), and MirKa Investments, LLC (“MirKa”), Administrative General Partner (“AGP”) and Co-Developer of the LP, is proud to submit a response to the National City Affordable Housing NOFA for the Azuriik Project (“Project”). If awarded, the requested $10,000,000 in National City (“City”) funds will fill the remaining gap of the total development costs of $197,147,112, getting the City one step closer to bringing vital and quality intergenerational affordable homes to families, seniors, and people living with developmental disabilities. MAAC brings over 36 years of experience in developing, operating, and managing Affordable housing developments. They assisted in developing over 1,000 units spanning across San Diego County, serving a diverse population of families, veterans, individuals experience or at risk of experiencing homelessness, and other special needs populations. Additionally, MAAC is the service provider for their developments offering critical wrap around services for tenants seeking economic advancement, afterschool programs, and other programs and services tailored to each project's needs. MirKa is an emerging San Diego based developer with rapid development trajectory. MirKa leadership has over 50 years of collective housing development experience in their leadership team. This includes financial oversight and Project management of permanent supportive housing, affordable housing, mixed-use, and market rate development. Since inception 4 years ago, they have brought 7 projects totaling 415 affordable units to Southern California for a combined transaction volume of approximately $200 million. MirKa has established an impressive pipeline of 16 projects in Southern California with an anticipated 2,800 units of affordable housing anticipated within the next three to five years, with an estimated transition volume of approximately $1.5 billion. A partnership between the LP and National City was established in 2019 for the submittal of an Affordable Housing Sustainable Community (AHSC) application. The partnership would provide critical funds to the City to expand nearby pedestrian walk and bikeways, as well as funding to support the transit oriented urban infill Project. The application received a competitive score of 69.33 and is expected to be awarded. The Project area established with this partnership includes the Project site, and the City’s expansion of the 8th Street/Roosevelt Multi-Use Trail and Bayshore Bikeway. The affordable housing Project site is located on the northeast side of Roosevelt Avenue, between West 2nd Street and West 3rd Street at 233 Roosevelt Avenue, in National City, San Diego County, California. The site totals 0.72 acres consisting of seven separate parcels . To the north of the site is a mixture of small commercial properties and single-family homes, to the south are commercial properties, adjacent to the east is a restaurant and it s associated parking lot with Interstate 5 located to the west. The site is currently vacant with some uninhabitable vacant single family and multifamily structures which will be razed during site preparation. On and surrounding this site is natural vegetation including grasses, shrubs, and trees. There are no distinguished features or unique physical characteristics of the vacant project site. There are no known environmental concerns based on a Phase 1 Environmental Assessment Report completed in September of 2021. The proposed Project will be a new construction Type 1, single 22-story, elevator- served, high rise mixed- use affordable housing building, containing 400 units and offering 11,253 square feet of indoor and outdoor community service facility space. The exterior will include window wall system, metal panel, and porcelain/stone tile. The Project amenities will include a lobby, leasing and management offices, business center, community room with kitchen, community service facility space, exercise room, and centrally located laundry facilities. Exterior amenities will include an outdoor courtyard/picnic area, playground, vegetable garden, ping pong table, foosball table, 200 bicycle parking spaces, and 209 parking spaces in a combination of on-grade and subterranean parking garages. Units will be set aside for households earning at or below 30, 50, 60, and 80 percent AMI, seniors (62+) earning at or below 30, 35, and 40 percent AMI. 10 percent of the senior units will be set aside for individuals living with disabilities earning at or below 30 percent AMI. 4 units will also be set aside for nonrevenue employee units. Exhibit 2 Page 4 of 13 315 of 339 There will be 119 OBR/ 1BA at 393 SQ. FT, 203 1BR/1BA at 529 SQ. FT, 49 2BR/1BA at 921 SQ. FT, and 29 3BR/2BA at 1,192 SQ. FT, for a total of 389 bedrooms. The Azuriik will have two service Providers. MAAC, a nationally recognized economic development organization will offer workforce and economic development services, programs, after school programming, and other vital self-sufficiency resources and referrals to the residents. Additionally, ensuring residents can age in place and continue to live in their community throughout their golden years is a priority for the Project team. MAAC will offer specialized and individualized case management to seniors and will incorporate resources, activities, and workshops that support the senior community. This includes but is not limited to wellness classes, health advocacy information, and education and workforce training for those who are currently in or wish to return to the workforce. Additionally, referrals for meal delivery services, home health and personal care aids, and transportation will also be provided. SDRC will offer extensive case management services to residents living with developmental disabilities who are clients or wish to be clients of the SDRC. Examples of services include a continuum of functional skills training that adult client may need to secure or maintain a self-sustaining level of self-sufficiency such as medical, dental, mental health, substance abuse, vocational training, personal safety and hygiene, financial management, cooking/meal preparation, transportation, and mobility training. Please see Exhibit 2 and Exhibit 2A included in this application for copies of service plans. According to the 6th Cycle RHNA Allocation, National City has a need of approximately 5,400 new units of which 1,862 accounts for extremely low to moderate income households. If awarded, the Project would account for 22% of the required RHNA allocation. Additionally, quality and individualized services will be offered to all residents to assist with economic advancement, long term tenancy, and self-sufficiency. The Project will allow individuals living with disabilities and seniors to remain integrated into society and continue to contribute in meaningful ways which can help them gain a renewed sense of self-worth. The goal of the Project Team is to promote coordinated delivery of housing and support services through close coordination between all onsite staff, including Property Management, SDRC, and MAAC and to provide quality affordable homes that foster the success of the residents and the community. If awarded, Arnulfo Manriquez, President and CEO of MAAC, Managing Member of MAAC National City, LLC, MGP of the LP and Kursat Misirlioglu, CEO of MirKa, AGP of the LP, have the authority to negotiate on behalf of development team. The applicant certifies that the proposal response and exhibits are true and correct at the time of submittal. MAAC National City LP, a California limited partnership By: MAAC National City LLC, a California limited liability company, its managing general partner By: Metropolitan Area Advisory Committee on Anti-Poverty of San Diego County, Inc, a California non-profit public benefit company, its managing member By: Exhibit 2 Page 5 of 13 316 of 339 2021 NOFA: Affordable Housing Application: Azuriik 2.0 Application Form Exhibit 2 Page 6 of 13 317 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT E – APPLICATION FORM Exhibit 2 Page 7 of 13 318 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 1 of 6 APPLICANT INFORMATION Applicant Name: Identify Applicant: (Check All That Apply) ☐Applicant is current owner and will retain ownership. ☐Applicant is the project developer and will be part of the final ownership entity. ☐Applicant is the project developer and will not be part of the final ownership entity for the project. ☐Other (Please Specify): Address: City: State: Zip Code: Contact Person: Phone Number: Email: DEVELOPMENT TEAM MEMBERS Development Team Structure: (Check All That Apply) ☐Partnership ☐Corporation ☐LLC ☐ Other (Please Specify): Lead Organization: Attachments: ☐Resumes of the Development Team Members •Information should include name, address, contact person, telephone number, and e-mail address for members of the proposed project team. •Identify the developer principals and project manager, architect, civil engineer, contractor, owner (if different than developer) and social services provider (if applicable). •If known, identify the lenders, attorneys, accountants, subcontractors, and consultants. •Resumes should include detailed description of experience. ☐NOFA Attachment G (Developer Capacity Worksheets) for the development team members ☐Organizational Chart DEVELOPER EXPERIENCE WORKSHEETS Attachments: ☐NOFA Attachment F (Developer Experience Worksheets) Exhibit 2 Page 8 of 13 319 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 2 of 6 PROJECT SUMMARY Project Name: Site Information Site Address: City: State: Zip Code: Census Tract No.: Parcel No: Description of Existing Conditions: Description of Environmental Issues: ☐Attach Project Zoning Map ☐Attach Evidence of Entitlement Approvals (Check All That Are Attached) ☐Copy of the Verification of Zoning and Land Use Entitlement Approvals that is submitted for tax credit applications ☐Zoning confirmation letter from the City If the project’s zoning will not permit the scope of development proposed, the applicant must demonstrate to Housing Authority’s satisfaction that all discretionary land use approvals can be granted within 180 days of the application submittal. Explain how you plan to obtain the necessary approvals within 180. (1,000 character limit) (1,000 character limit) (1,000 character limit) Exhibit 2 Page 9 of 13 320 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 3 of 6 PROJECT SUMMARY (continued) Current Site Use: (Check All That Apply) ☐Residential # of Existing Units (if applicable): ☐Commercial ☐Vacant ☐Occupied # of Buildings: Sq. Ft: If occupied, briefly describe uses: ☐Industrial ☐Vacant ☐Occupied # of Buildings: Sq. Ft: ☐Parking Lot ☐In Use ☐Not In Use # of Parking Spaces: ☐Vacant Lot Site Size: Site Control: ☐Yes ☐No Form of Site Control: ☐Current Owner ☐Purchase Agreement ☐Option ☐Other (Please Specify): ☐Attach evidence of site control. ☐Attach a real estate appraisal or current tax documentation that substantiates the value of the property. Tenant Relocation: Temporary: ☐Yes Permanent: ☐Yes ☐No ☐No ☐Attach Temporary and/or Permanent Tenant Relocation Plan (if applicable) If occupied, briefly describe uses: (500 character limit) (500 character limit) Exhibit 2 Page 10 of 13 321 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 4 of 6 PROJECT DESCRIPTION Project Type: (Check All That Apply) ☐Acquisition & Rehabilitation ☐New Construction Housing Type: (Check All That Apply) ☐Family ☐ Seniors ☐Special Needs ☐Veterans ☐ Other (Please Specify): Construction Type (if new construction): Amenities: Total Number of Housing Units: Total Number of Affordable Units: Total Number of Bedrooms: Sq. Ft. of Gross Building Area: # of Parking Spaces: Sq. Ft. of Net Building Area: Unit Breakdown Unit Mix: Studio Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units 4-Bdrm Units Total # of Units Unit Sizes Affordability: Studio Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units 4-Bdrm Units Total Extremely Low Very Low Low Total Attachments: ☐Project Vicinity Map ☐Conceptual Plans ☐Site Photos ☐High-Quality Transit Project Map ☐Community Services Project Map(s) ☐Outreach Plan ☐Support Letters ☐Marketing Plan PROJECT PRO FORMA Attachments: ☐Pro Forma Analysis Exhibit 2 Page 11 of 13 322 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 5 of 6 FUNDING INFORMATION Amount of Funds Requested: Other Housing Authority Fund Previously Received, if any: Total Development Costs: Affordable Residential Only Development Costs: Attachments: ☐Detailed Scope of Work ☐Third-Party Cost Estimate OTHER EXPECTED FUNDING SOURCES Source Name Amount Repayment Terms Application Status / Award Dates Attachments: ☐Other Funding Sources Supporting Documentation PROJECT TIMELINE Milestone Proposed Date (Month Year) City Approval All Funding Sources Awarded Environmental Review & Assessment Completed Commencement of Construction Construction Completed Exhibit 2 Page 12 of 13 323 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 6 of 6 PROJECT NARRATIVE Attachments: ☐Project Narrative The project narrative is a word-processed document of not more than 10 single-spaced pages responding to the questions listed in the NOFA. The document should be a font size of 10 with 1- inch margins. MARKET DEMAND Attachments: ☐Market Demand Narrative The market demand narrative is a word-processed document of not more than 3 single-spaced pages for rental projects and 4 single-spaced pages for ownership projects responding to the questions listed in the NOFA. The document should be a font size of 10 with 1-inch margins. ☐Market Demand Evidence (Study or Survey) Exhibit 2 Page 13 of 13 324 of 339 2021 NOFA: Affordable Housing Application: Union Tower 1.0 Narrative Cover Letter Exhibit 3 Page 1 of 11 325 of 339 Exhibit 3 Page 2 of 11 326 of 339 Exhibit 3 Page 3 of 11 327 of 339 2021 NOFA: Affordable Housing Application: Union Tower 2.0 Application Form Exhibit 3 Page 4 of 11 328 of 339 2021 NOFA: Affordable Housing Release Date: October 18, 2021 ATTACHMENT E – APPLICATION FORM Exhibit 3 Page 5 of 11 329 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 1 of 6 APPLICANT INFORMATION Applicant Name: Identify Applicant: (Check All That Apply) ☐Applicant is current owner and will retain ownership. ☐Applicant is the project developer and will be part of the final ownership entity. ☐Applicant is the project developer and will not be part of the final ownership entity for the project. ☐Other (Please Specify): Address: City: State: Zip Code: Contact Person: Phone Number: Email: DEVELOPMENT TEAM MEMBERS Development Team Structure: (Check All That Apply) ☐Partnership ☐Corporation ☐LLC ☐ Other (Please Specify): Lead Organization: Attachments: ☐Resumes of the Development Team Members •Information should include name, address, contact person, telephone number, and e-mail address for members of the proposed project team. •Identify the developer principals and project manager, architect, civil engineer, contractor, owner (if different than developer) and social services provider (if applicable). •If known, identify the lenders, attorneys, accountants, subcontractors, and consultants. •Resumes should include detailed description of experience. ☐NOFA Attachment G (Developer Capacity Worksheets) for the development team members ☐Organizational Chart DEVELOPER EXPERIENCE WORKSHEETS Attachments: ☐NOFA Attachment F (Developer Experience Worksheets) Exhibit 3 Page 6 of 11 330 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 2 of 6 PROJECT SUMMARY Project Name: Site Information Site Address: City: State: Zip Code: Census Tract No.: Parcel No: Description of Existing Conditions: Description of Environmental Issues: ☐Attach Project Zoning Map ☐Attach Evidence of Entitlement Approvals (Check All That Are Attached) ☐Copy of the Verification of Zoning and Land Use Entitlement Approvals that is submitted for tax credit applications ☐Zoning confirmation letter from the City If the project’s zoning will not permit the scope of development proposed, the applicant must demonstrate to Housing Authority’s satisfaction that all discretionary land use approvals can be granted within 180 days of the application submittal. Explain how you plan to obtain the necessary approvals within 180. (1,000 character limit) (1,000 character limit) (1,000 character limit) Exhibit 3 Page 7 of 11 331 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 3 of 6 PROJECT SUMMARY (continued) Current Site Use: (Check All That Apply) ☐Residential # of Existing Units (if applicable): ☐Commercial ☐Vacant ☐Occupied # of Buildings: Sq. Ft: If occupied, briefly describe uses: ☐Industrial ☐Vacant ☐Occupied # of Buildings: Sq. Ft: ☐Parking Lot ☐In Use ☐Not In Use # of Parking Spaces: ☐Vacant Lot Site Size: Site Control: ☐Yes ☐No Form of Site Control: ☐Current Owner ☐Purchase Agreement ☐Option ☐Other (Please Specify): ☐Attach evidence of site control. ☐Attach a real estate appraisal or current tax documentation that substantiates the value of the property. Tenant Relocation: Temporary: ☐Yes Permanent: ☐Yes ☐No ☐No ☐Attach Temporary and/or Permanent Tenant Relocation Plan (if applicable) If occupied, briefly describe uses: (500 character limit) (500 character limit) Exhibit 3 Page 8 of 11 332 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 4 of 6 PROJECT DESCRIPTION Project Type: (Check All That Apply) ☐Acquisition & Rehabilitation ☐New Construction Housing Type: (Check All That Apply) ☐Family ☐ Seniors ☐Special Needs ☐Veterans ☐ Other (Please Specify): Construction Type (if new construction): Amenities: Total Number of Housing Units: Total Number of Affordable Units: Total Number of Bedrooms: Sq. Ft. of Gross Building Area: # of Parking Spaces: Sq. Ft. of Net Building Area: Unit Breakdown Unit Mix: Studio Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units 4-Bdrm Units Total # of Units Unit Sizes Affordability: Studio Units 1-Bdrm Units 2-Bdrm Units 3-Bdrm Units 4-Bdrm Units Total Extremely Low Very Low Low Total Attachments: ☐Project Vicinity Map ☐Conceptual Plans ☐Site Photos ☐High-Quality Transit Project Map ☐Community Services Project Map(s) ☐Outreach Plan ☐Support Letters ☐Marketing Plan PROJECT PRO FORMA Attachments: ☐Pro Forma Analysis Exhibit 3 Page 9 of 11 333 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 5 of 6 FUNDING INFORMATION Amount of Funds Requested: Other Housing Authority Fund Previously Received, if any: Total Development Costs: Affordable Residential Only Development Costs: Attachments: ☐Detailed Scope of Work ☐Third-Party Cost Estimate OTHER EXPECTED FUNDING SOURCES Source Name Amount Repayment Terms Application Status / Award Dates Attachments: ☐Other Funding Sources Supporting Documentation PROJECT TIMELINE Milestone Proposed Date (Month Year) City Approval All Funding Sources Awarded Environmental Review & Assessment Completed Commencement of Construction Construction Completed Exhibit 3 Page 10 of 11 334 of 339 Community Development Commission-Housing Authority of the City of National City 2021 Notice of Funding Availability (NOFA) Affordable Housing Submittal Deadline: November 19, 2021 Application Form 6 of 6 PROJECT NARRATIVE Attachments: ☐Project Narrative The project narrative is a word-processed document of not more than 10 single-spaced pages responding to the questions listed in the NOFA. The document should be a font size of 10 with 1- inch margins. MARKET DEMAND Attachments: ☐Market Demand Narrative The market demand narrative is a word-processed document of not more than 3 single-spaced pages for rental projects and 4 single-spaced pages for ownership projects responding to the questions listed in the NOFA. The document should be a font size of 10 with 1-inch margins. ☐Market Demand Evidence (Study or Survey) Exhibit 3 Page 11 of 11 335 of 339 RESOLUTION NO. 2022 - 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 WHEREAS, a Notice of Funding Availability (NOFA) for up to $10,000,000.00 for the funding of affordable housing in National City was included in a strategic goal of Housing Authority’s Strategic Plan the was approved by the Connunity Development Commission- Housing Authority on August 3, 2021; and WHEREAS, the Notice of Funding Availability (NOFA) for affordable housing was released on October 14, 2021, and applications were due on November 19, 2021 ; and WHEREAS, the NOFA made approximately ten million dollars ($10,000,000.00) in total funds available for all capital requests for new construction, acquisition with rehabilitation, or rehabilitation of affordable housing serving households earning up to 60% of the Area Median Income (AMI) for rental projects and households earning up to 80%-120% of the AMI for homeownership projects. Capital funds are from the Housing Authority’s Housing Fund and are subject only to the conditions set forth in the NOFA; and WHEREAS, after the release of the NOFA on October 14, 2021, a total of two (2) applications were received by the November 19, 2021 deadline. The applications were reviewed for compliance in terms of the NOFA and evaluated according to the established NOFA Evaluation Criteria. Projects were then ranked based on the scoring criteria described in the NOFA.; and WHEREAS, based on the NOFA scoring results, the recommendation is to fund a loan of up to $10,000,000.00 to the 400-unit Azuriik Affordale Housing Project at 233 Roosevelt Avenue by the Metropolitan Area Advisory Committee on Anti-Poverty (“MAAC”); and WHEREAS, on October 21, 2019 the City of National City Planning Department determined that the Azuriik Affordable Housing Project will not have a significant effect on the environment in accordance with CEQA Section 21108 or 21152. NOW, THEREFORE, THE CITY OF NATIONAL CITY, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE, AND ORDER AS FOLLOWS: Section 1: Approves a conditional award of Ten Million Dollars ($10,000,000.00) 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 in National City, California. Section 2: Once the developer has secured its financing, including remaining gap funding sources, Housing Authority staff and its financial consultants will underwrite the final loan amount, not to exceed Ten Million Dollars ($10,000,000.00), and draft loan documents for approval by the developer and General Counsel of the Housing Authority. 336 of 339 2 Resolution No. 2022 – Page Two Section 3: The awarded Affordable Housing Project will be subject to the terms and conditions of Project Labor Agreement currently being negotiated between the City of National City and the San Diego Building and Construction Trades Council if the Project Labor Agreement is fully executed and in effect before the loan is funded by the Housing Authority. Section 4: The loan award is not final until a Loan Agreement is approved by the Housing Authority. Section 5: 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, Chairwoman ATTEST: _____________________________ Luz Molina, City Clerk APPROVED AS TO FORM: _____________________________ Charles E. Bell Jr., General Counsel 337 of 339 The following page(s) contain the backup material for Agenda Item: City Manager Report (City Manager) Please scroll down to view the backup material. 338 of 339 Item # ___ 01/18/22 CITY MANAGER REPORT (City Manager) 339 of 339