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Agenda Packet Document 4-21-15
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ,- CALIFORNIA NATIONAL C!Ty lNCORpORATR RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, APRIL 21, 2015 - 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. 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 CC/CDC-HA Agenda 4/21/2015 — Page 2 the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. OPEN TO THE PUBLIC A. CITY COUNCIL CC/CDC-HA Agenda 4/21/2015 - Page 3 CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC ORAL COMMUNICATIONS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS 1. Proclaiming the week of May 1, 2015 through May 8, 2015 as: "THE ELKS NATIONAL YOUTH WEEK" PRESENTATIONS 2. San Diego Association of Governments (SANDAG) Regional Plan Presentation - "Draft San Diego Forward: The Regional Plan" INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 3. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 7, 2015 and the Minutes of the Special Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 14, 2015. (City Clerk) 5. Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Special Weapons and Tactics Academy. The cost of the training will be $798.00 per student for an 80 hour course. (Police) CC/CDC-HA Agenda 4/21/2015 — Page 4 6. Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street (TSC 2015-01) (Engineering/Public Works) 7. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" and marked on -street public parking spaces on the westerly curb line of Hoover Avenue between Mile of Cars Way and E. 30th Street to enhance visibility and egress from W. 26th Street and W. 28th Street onto Hoover Avenue. (TSC 2015-02) (Engineering/Public Works) 8. Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $50,688.00 to Crest Equipment, Inc. for the Grove Street Drainage Enhancements, CIP No. 14-07; 2) authorizing a 25% contingency in the amount of $12,672.00 for any unforeseen changes; 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 9. Warrant Register #36 for the period of 02/25/15 through 03/03/15 in the amount of $3,837,128.96 (Finance) 10. Warrant Register #37 for the period of 03/04/15 through 03/10/15 in the amount of $795,109.86 (Finance) 11. Investment transactions for the month ended February 28, 2015. (Finance) PUBLIC HEARINGS ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 12. Resolution of the City Council of the City of National City rescinding Resolution No. 2014-91 and approving and adopting the annual appropriation limit for Fiscal Year 2015 of $50,812,544. (Finance) 13. Resolution of the City Council of the City of National City disaffirming a Planning Commission Interpretation of allowed uses in the Downtown Specific Plan Area and finding of consistency with the Downtown Specific Plan for a business located at 540 National City Blvd. (Case File No.: 2015-04 I) (Planning) 14. Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $1,495,899.00 to New Century CC/CDC-HA Agenda 4/21/2015 - Page 5 Construction, Inc. for the D Avenue and E. 12th Street Roundabout Installation including War Memorial Architectural Improvements, CIP No. 15-02; 2) authorizing a 15°A° contingency in the amount of $224,384.85 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the appropriation of $200,000 in General Fund for Safe Routes to School grant match. (Engineering/Public Works) 15. Resolution authorizing the City of National City to participate in a U.S. Department of Housing and Urban Development public offering as part of the Section 108 Loan Guarantee Assistance Program to refinance the existing note in the original principal amount of $6,900,000 used to fund the construction of Fire Station 34. (Housing, Grants, & Asset Management) NEW BUSINESS 16. Temporary Use Permit - `Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 14, 2015 to May 15, 2015. (Neighborhood Services) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY NON CONSENT RESOLUTIONS- HOUSING AUTHORITY 17. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute a Subordination Agreement with Summercrest Apartments, L.P. subordinating the Project Deed of Trust that secures the Declaration of Covenants, Conditions and Restrictions (Tenant Restrictions) on 372 rental units at 2721 Plaza Boulevard in National City. (Housing, Grants, and Asset Management) NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT CC/CDC-HA Agenda 4/21/2015 — Page 6 Adjourned City Council/Community Development/Housing Authority of the City of National City Budget and Strategic Planning Workshop Meeting - Tuesday - April 28, 2015 - 5:00 p.m. - City Council Chambers - National City, California Regular Meeting of the City Council and Community Development Commission -Housing Authority of the City of National City -Tuesday - May 5, 2015 - 6:00 p.m. - Council Chambers - National City, California Upcoming City Council Workshops: Tentative - FY 16 Budget Workshop, May 26, 2015 @ 5:00 p.m. - City Council Chambers CC/CDC-HA Agenda 4/21/2015 — Page 7 The following page(s) contain the backup material for Agenda Item: Proclaiming the week of May 1, 2015 through May 8, 2015 as: "THE ELKS NATIONAL YOUTH WEEK" clamation +w CALLrFORNIA ,=4+ NIoAL CITY o o 1 Iscftpoaerse WHEREAS, the Benevolent and Protective Order of the Elks Lodge has designated the week of May I, 2015 to May 8, 2015 as National Youth Week to honor youth for their accomplishments and to recognize their services to community, state and nation; and WHEREAS, demonstrating a partnership with youth, understanding their hopes and aspirations, and expressing a sincere willingness can help prepare them for the responsibilities and opportunities of citizenship; and WHEREAS, members of government, civic, fraternal and patriotic groups, and our residents are urged to acknowledge young people who have contributed to the betterment of our community. NOW, THEREFORE, BE IT PROCLAIMED, I, Ron Morrison, Mayor of the City of National City, by virtue of the authority vested in me by the City of National City, clo hereby set my hand and affix the official seal this 21st day of April, 2015 and together with the City Council proclaim the week of May 1, 2015 through May 8, 2015 as: THE ELKS NATIONAL YOUTH WEEK As the Mayor, I, call upon all citizens of National City to take a moment to celebrate The Elks National Youth Week and honor our youth for their accomplishments and to recognize their services to our community. RON MORRISON MAYOR Mona Rios Councilmember Albert Mendir t7 Councilmember Alejandro Sotelo-Solis Councilme nber CC/CDC-HA Agenda 4/21/2015 — Page 9 The following page(s) contain the backup material for Agenda Item: San Diego Association of Governments (SANDAG) Regional Plan Presentation - "Draft San Diego Forward: The Regional Plan" 4/14/2015 i Aiming for a Vision that Works for All To pr vi a inrcwative mobility choices and {tanning to support a sustainable and healthy region. a vibrant economy. oral at outstanding quality tilde Tor all. 1 4/14/2015 Developing the Plan: Input and Ideas 111111111 11 Innovative Mobility & Planning I I 1 i I 1 ylMIAMIO t teiguigl TODAY: Where People Live and Work • 3.1 million people • 1.5 million jobs • 1.2 million homes • - Ay; • .4t4 at' = 2 4/14/2015 • -4 • y\03 2050: Where People will Live and Work • 4.1 million people • 1.9 million jobs • 1.5 million homes 2050: More Transit Choices • Five new Trolley lines • 32 new Rapid lines • New SPRINTER express service and extension • Continued COASTER double tracking • Four new streetcar lines • Three new intermodal transit centers 3 4/14/2015 TODAY: Managed Lanes and Highways 2050: More Managed Lane Choices • Managed Lanes • Operational improvements • Highway lanes • New HOV and highway connectors (not shown) 4 4/14/2015 2050: More Biking and Walking Choices Complete the Regional Bike Network Additional investments loot shown, • Safe routes to transit projects • Safety improvements at highway interchanges • Safe routes to school programs • Local bike and pedestrian projects Tin corporat ing innovative technology and maximizing our system Mobility Nab Cprscapt 0� o= 0...h._--- 0. 0 O 0 >....,,..... O s-...w 5 4/14/2015 Healthy Environment and Communities ■ Healthy Environment & Communities Open Space Preservation Planned Open Space in the 1990s 850,000 acres Planned for Preservation Available for Development ■ 1.85 million acres 6 4/14/2015 Open Space Preservation Planned Open Space Today 1.2 million acres Planned for Preservation F Available for Development. More than half the land in the County will be preserved as open space. X6?rima�i,�i�- t NEW Housing Mix 1990s Projected Mix of New Housing Multi -Family ■ Single Family ■ NEW Housing Mix San Diego Forward Projected Mix of New Housing (2050) Multi -Family ■ Single Family. d6mna'�C,'r 7 8 4/14/2015 Grossmont Trolley Station La Mesa a is Smart Growth Incentive Programs • $560 million Smart Growth Incentive Programs started in 2008 • Invested $35 million to date • $15 million additional to be awarded summer 2015 • 35 local projects completed • 43 local projects underway „owl, i Planning for Sustainability • Preserving our environment • Creating vibrant communities • Providing more transportation choices • Addressing climate change tIMINIDAS 9 4/14/2015 Sources of Greenhouse Gas Emissions Greenhouse gas emissions Inventory for the San Diego Region -2012 State Strategies for Reducing Emissions ' 101 State Regulations requiring low carbon fuels Advanced Clean Cars State regulations requiring higher miles per gallon and the sale of more zero emission vehicles o SB 375 Greenhouse Gas Targets and Emissions Reductions 0% -5% -10% -15% -20% -25% -30% Targets Set by the State far SANDAG to Reduce Per Capita CO, Emissions from Passenger Vehicles Compared to 2005 xws -30% .om w.. X. ♦ARB Target San Diego Forward Projections ProWart 10 4/14/2015 Vibrant Economy � , ,.sCamoei la„r Highway w rye r Busmesses Suppliers Partners Workers Customers Vibrant Economy Transporta Transit Express/Carpool Lanes Highway Rail Freight L+nasa at Suppliers Partners Workers Customers 11 4/14/2015 Economic Benefits • $1 invested results in $2 of economic benefit • 53,000 new jobs annually • 20 percent to build and operate the transportation system • 80 percent from improved economic climate • $13.4 billion in annual increased gross domestic product on average to 2050 • 10 percent to build and operate the transportation system • 90 percent from improved economic climate a�n�un�s i'(f�"wnrTa conomic Benefits • Supports High -Tech and Research • Improves opportunities for business clustering • Makes the region more attractive to skilled workers • Increases Access to Jobs and Education • Connects low-income residents to employment and education • Deepens talent pool for employers • Helps to realize under -used economic potential • Connects San Diego to the World • Supports trade passing through the international border • Improves goods movement through Port of San Diego • Enhances experience for business travelers and tourists Results? By 2050, the Regional Plan • Preserve more than half our land as open space • Exceed greenhouse gas reduction targets • Provide more mobility choices • Invest $204 billion in transportation in our most urbanized areas • Yield almost $2 for every dollar invested • Reduce number of people driving alone in peak. periods • Provide 100 new miles of Trolley and SPRINTER service • Increase transit access from 35 percent to 61 percent • Increase jobs dose to transit from 42 percent to 71 percent • Increase the number of people taking transit to work (almost 20 percent in Downtown and 9 percent in University City and Kearny Mesa) • Reduce collision rates for bicycles and pedestrians by 18 percent 12 4/14/2015 South County • Transit mode share doubles from 7 percent in 2012 to 14 percent in 2050 along 1-5/1-805 in Chula Vista, with more than 38,000 people riding transit in peak hours • Increase transit use from 11 percent in 2012 to 16 percent in 2050 on 1-5 in National City, with more than 36,000 people riding transit in peak hours • Percent of population within Y mile of high frequency transit in Otay Mesa/Otay Ranch grows from 49% in 2012 to 81% in 2050 fi#Oasio� Aiming for a Vision that Works for All Innovative Mobility & Planning Tn p ovde innoval iiP rPotwly LtaaGies and plasu ng to supp al a sustainable and healthy legion, a vibrant ecancmy, ,, d an outstanding quality of life far all r bet What Happens Next? • Spring 2015: Release Draft San Diego Forward: The Regional Plan and Draft Environmental Impact Report for public review and comment • Fall 2015: SANDAG Board adopts the Plan and certifies the EIR • Get involved! 13 4/14/2015 14 CC/CDC-HA Agenda 4/21/2015 — Page 24 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of April 7, 2015 and the Minutes of the Special Meeting of the City Council and Community Development Item # 04/21/15 APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 7, 2015 AND THE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF APRIL 14, 2015. (City Clerk) Book 97 / Page 49 04-07-2015 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 7, 2015 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:07 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Aguirre, Dalla, Deese, Duong, Muthusamy, Parra, Raulston, Roberts, Rodriguez, Silva, Stevenson, Vergara, Williams, Ybarra. Others present: Student Representative Isaac Maldonado. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS Nidya Rivera -Moreno, National City, informed the City Council of several problems she is experiencing in her neighborhood. Armida Martinez extended an invitation to attend the "Remember our Fallen Heroes" event on May 4th at the Chula Vista Library. CITY COUNCIL PROCLAMATIONS PROCLAMATION ADMIN (102-2-1) 1. Proclaiming April 2015 as: "FAIR HOUSING MONTH" PRESENTATIONS COUNCIL MEETING PRESENTATIONS 2015 (102-10-10) 2. Vision Plan Presentation. (Cindy Gompper-Graves, South County Economic Development Council) ** Continued from City Council Meeting of March 3, 2015 ** Book 97 / Page 50 04-07-2015 CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (Minutes), Item Nos. 4 through 9 (Resolution Nos. 2015-37 through 2015-42), Item Nos. 10 and 11 (Warrant Registers). Motion by Cano, seconded by Sotelo-Solis, to approve the Consent Calendar. Carried by unanimous vote. APPROVAL OF MINUTES 3. APPROVAL OF THE MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY OF MARCH 17, 2015. (City Clerk) ACTION: Approved. See above. FINANCIAL MANAGEMENT 2014-2015 (204-1-30) 4. Resolution No. 2015-37. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPROPRIATION INCREASE AND CORRESPONDING REVENUE BUDGET INCREASE IN THE AMOUNT OF $100,000 TO THE PLAN CHECK REVOLVING FUND FOR BUILDING PLAN CHECK SERVICES. (Fire) ACTION: Adopted. See above. CONTRACT (C2013-49) 5. Resolution No. 2015-38. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF EC CONSTRUCTORS, INC. 2) APPROVING THE FINAL CONTRACT AMOUNT OF $1,213,189.16, AND 3) RATIFYING THE FILING OF A NOTICE OF COMPLETION FOR THE 1726 WILSON AVENUE TENANT AND SITE IMPROVEMENTS, CIP NO. 13-06. (Funded by WI-TOD Site Infrastructure Agreement) (Engineering/Public Works) ACTION: Adopted. See above. CONTRACT (C2013-36) 6. Resolution No. 2015-39. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY: 1) ACCEPTING THE WORK OF RAMONA PAVING AND CONSTRUCTION CORP., 2) APPROVING THE FINAL CONTRACT AMOUNT OF $1,245,809.68, AND 3) RATIFYING THE FILING OF A NOTICE OF COMPLETION FOR THE 8TH STREET SAFETY ENHANCEMENTS PROJECT, CIP NO. 12-15. (Funded by HSIP Grant and Prop A) (Engineering/Public Works) ACTION: Adopted. See above. Book 97 / Page 51 04-07-2015 CONSENT CALENDAR (cont.) LABOR RELATIONS EXEC / MID MGMT EMPLOYEES (605-2-1) 7. Resolution No. 2015-40. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE SALARY SCHEDULE FOR THE EXECUTIVE EMPLOYEE GROUP TO INCLUDE A SALARY BAND FOR THE NEWLY CREATED DIRECTOR OF NEIGHBORHOOD SERVICES CLASSIFICATION AT $5,363.60 - $10,429.87, MONTHLY. (Human Resources) ACTION: Adopted. See above. LABOR RELATIONS MEA MOU 2014-2016 (605-4-12) 8. Resolution No. 2015-41. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AN AMENDMENT TO THE SALARY SCHEDULE FOR THE MUNICIPAL EMPLOYEES' ASSOCIATION EMPLOYEE GROUP TO INCLUDE SALARY BANDS FOR THE NEWLY CREATED CLASSIFICATIONS OF ANIMAL REGULATIONS OFFICER AT $3,363.53 - $4,088.35, MONTHLY (RANGE 098), AND PLANS EXAMINER AT $4,892.27 - $5,946.57 (RANGE 139); AND ADJUSTING THE SALARY BAND FOR SENIOR LIBRARIAN FROM $4,300.14 - $5,226.80, MONTHLY (RANGE 125) TO $4,671.94 - $5,678.81, MONTHLY (RANGE 134). (Human Resources) ACTION: Adopted. See above. GRANT / PUBLIC SAFETY (206-4-27) 9. Resolution No. 2015-42. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ACCEPTANCE OF FY 2014 OPERATION STONEGARDEN GRANT IN THE AMOUNT OF $68,945, AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE AGREEMENT FOR THE AWARD OF THE GRAND FUNDS, AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS AND A CORRESPONDING REVENUE AND EXPENDITURE BUDGET, IN THE AMOUNT OF THE GRANT FOR REIMBURSEMENT OF OVERTIME, FRINGE BENEFITS AND MILEAGE FOR PROGRAMMATIC OPERATIONS AND THE PURCHASE OF APPROVED EQUIPMENT. (Police) ACTION: Adopted. See above. WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 10. Warrant Register #34 for the period of 02/11/15 through 02/17/15 in the amount of $1,450,898.92. (Finance) ACTION: Ratified. See above. Book 97 / Page 52 04-07-2015 CONSENT CALENDAR (cont.) WARRANT REGISTER JULY 2014 — JUNE 2015 (202-1-29) 11. Warrant Register #35 for the period of 02/18/15 through 02/24/15 in the amount of $257,979.83. (Finance ACTION: Ratified. See above. PUBLIC HEARINGS BUILDING PERMIT APPEALS / DENIALS ADMIN (405-2-2) 12. Public Hearing — Appeal of Planning Commission Interpretation of allowed uses in the Downtown Specific Plan Area for a business located at 540 National City Blvd. (Case File No.: 2015-04 I) (Planning) RECOMMENDATION: Staff concurs with the interpretation of the Planning Commission that the proposed use is not an allowed use in the Downtown Specific Plan Area. TESTIMONY: Mr. Sami Jihad, El Cajon and an un-named speaker responded to questions and spoke in favor. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Motion by Cano, seconded by Morrison, to disaffirm Planning Commission interpretation and find that an adult day healthcare facility is consistent with the Downtown Specific Plan. Carried by the following vote, to -wit: Ayes: Cano, Morrison, Rios. Nays: Mendivil, Sotelo-Solis. Abstain: None. Absent: None. TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 13. Public Hearing of the City Council of the City of National City to consider the annual adjustment to the Transportation Development Impact Fee (TDIF), pursuant to NCMC Section 4.52.100 and consistent with Government Code Section 66017, proposing to increase the TDIF by 2.5%, as required by SANDAG, resulting in the fee adjusting from $2,254 per new residential dwelling unit to $2,310 per unit beginning July 1, 2015. (Engineering/Public Works) RECOMMENDATION: Hold the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Book 97 / Page 53 04-07-2015 NON CONSENT RESOLUTIONS HOUSING AND GRANTS — ADMIN (1104-1-24) 14. Resolution No. 2015-43. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING AN APPLICATION FOR THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM IN AN AMOUNT NOT TO EXCEED $9,240,888 FOR THE TRANSIT ORIENTED INFILL HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT. (Housing, Grants, and Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. TRANSPORTATION DEVELOPMENT PLANNING ADMIN (802-3-1) 15. Resolution No. 2015-44. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING THE PREVIOUSLY ADOPTED TRANSPORTATION DEVELOPMENT IMPACT FEE (TDIF) SCHEDULE AND ANNUAL ADJUSTMENT TO THE TDIF, PURSUANT TO NCMC SECTION 4.52.100 AND CONSISTENT WITH GOVERNMENT CODE SECTION 66017, APPROVING AN INCREASE IN THE TDIF BY 2.5%, AS REQUIRED BY SANDAG, RESULTING IN THE FEE ADJUSTING FROM $2,254 PER NEW RESIDENTIAL DWELLING UNIT TO $2,310 PER UNIT BEGINNING JULY 1, 2015. (Fees deposited into TIF Fund) (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. Item No. 17 was taken up next. NEW BUSINESS CONDITIONAL USE PERMITS 2015 (403-30-1) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for expansion of a nonconforming use and a reduction in off-street parking requirements at the southwest corner of Hoover Avenue and West 11th Street. (Applicant: Captain B. Ltd. Partnership) (Case File 2014-22 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. Book 97 / Page 54 04-07-2015 NON CONSENT RESOLUTIONS ENCROACHMENT AGREEMENT ADMIN 2015 (903-14-9) 16. Resolution No. 2015-45. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN ENCROACHMENT PERMIT AND AGREEMENT WITH CAPTAIN B. LTD FOR THE CONSTRUCTION, MAINTENANCE AND USE OF TWO ADA COMPLIANT PEDESTRIAN ACCESS RAMPS AS PART OF THE CONVERSION OF THE BUILDING LOCATED AT 1106 HOOVER AVENUE FROM AUTOMOTIVE REPAIR TO WAREHOUSE AND OFFICE SPACE. (**Companion Item** — to follow "New Business" item Notice of Decision) (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. NEW BUSINESS CONDITIONAL USE PERMITS 2015 (403-30-1) 17. Notice of Decision — Planning Commission approval of a Conditional Use Permit for expansion of a nonconforming use and a reduction in off-street parking requirements at the southwest corner of Hoover Avenue and West 11th Street. (Applicant: Captain B. Ltd. Partnership) (Case File 2014-22 CUP) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. TESTIMONY: None. ACTION: Taken up after Item No. 15. See above. TEMPORARY USE PERMITS 2015 (203-1-31) 18. Temporary Use Permit — The 7th Annual Classic GranFondo San Diego Bicycle Ride sponsored by the Little Italy Association on Sunday, April 12, 2015 from 7:15 a.m. to 5 p.m. with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: Wally Zediker, San Diego, spoke in favor and responded to questions. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. Book 97 / Page 55 04-07-2015 NEW BUSINESS (cont.) TEMPORARY USE PERMITS 2015 (203-1-31) 19. Temporary Use Permit — Halloween retail tent store hosted by Halloween Tyme LLC at Westfield Plaza Bonita Mall from August 15, 2015 thru November 10, 2015 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. CITY WIDE HOUSING ADMIN (303-4-1) 20. 2014 Annual Progress Report on the Implementation of the Housing Element of the General Plan. (Planning) RECOMMENDATION: Accept and file the report. TESTIMONY: None. ACTION: Motion by Cano, seconded by Rios, to accept and file the report. Carried by unanimous vote. XXXXX 21. San Diego Association of Governments (SANDAG) Regional Housing Progress Report 2003 — 2013. (Planning) RECOMMENDATION: Accept and file the report. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to accept and file the report. Carried by unanimous vote. COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY PUBLIC HEARINGS — HOUSING AUTHORITY HOUSING AUTHORITY 2015 (404-1-4) 22. Public Hearing: Community Development Commission — Housing Authority of the City of National City, Five Year and Annual Plan for Public Housing Agency Plan (PHA) for Fiscal Year 2015-2020 and the Section 8 Administrative Plan; authorizing the submittal of the PHA Plan and Administrative Plan to the U.S. Department of Housing and Urban Development. (Housing, Grants & Asset Management) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. Book 97 / Page 56 04-07-2015 NON CONSENT RESOLUTIONS — HOUSING AUTHORITY HOUSING AUTHORITY 2015 (404-1-4) 23. Resolution No. 2015-28. Resolution of the Community Development Commission — Housing Authority of the City of National City, approving the Five Year and Annual Public Housing Agency (PHA) Plan for Fiscal Year 2015 — 2020, and authorizing the submittal of the Plan to the U.S. Department of Housing and Urban Development. (Housing, Grants & Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Sotelo, to adopt the Resolution. Carried by unanimous vote. HOUSING AUTHORITY 2015 (404-1-4) 24. Resolution No. 2015-29. Resolution of the Community Development Commission — Housing Authority of the City of National City, approving the revisions to the Section 8 Administrative Plan, and authorizing submittal of the Plan to the U.S. Department of Housing and Urban Development. (Housing, Grants & Asset Management) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. STAFF REPORTS Kuna Muthusamy, Assistant Director of Engineering/Public Works, advised that staff would be bringing back a report on the new drought restrictions announced by the Governor. Brad Raulston, Executive Director, reported on the status and plans for the Community Service Day on April 25tn MAYOR AND CITY COUNCIL Member Mendivil reported that he attended an event in Imperial Beach and complimented the improvements he sees in that City and said he would like to see the South Bay cities working together to promote all cities in the South Bay. Mr. Mendivil noted that the 1-5 / SR 54 interchange is starting to look bad and needs some attention; that drought and water issue are very sensitive topics; said he is looking forward to the Homeless Workshop and he believes homelessness is a regional issue and we don't need to re -invent the wheel. Member Sotelo-Solis expressed her willingness to work with staff to explore ways to assist a brewery business to locate in the City and extended a belated Easter Greeting to everyone. Book 97 / Page 57 04-07-2015 MAYOR AND CITY COUNCIL (cont.) Member Rios reported on the invaluable experience she had participating in the Police Department's 'Use of Force' event and thanked the Police Department for bringing two police canines to the Rotary Club that honored a young girl who donated $2 for canine vests. Member Cano announced that Mayor Morrison recently had a birthday and at one event, members of the community sang Las Mananitas. Mayor Morrison discussed the growing difficulties confronting the City and State resulting from the unpresented drought in California; reported on the status of the trash contract with Regional Solid Waste Authority (RSWA) and provided information on AB 1186 mandating organic waste recycling. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') ADJOURNMENT Motion by Rios, seconded by Cano, to adjourn the meetinq to the next Adjourned Regular Meeting of the City Council and Community Development Commission — Housinq Authority of the City of National City — Homelessness Workshop to be held Tuesday, April 21, 2015 at 4:30 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, April 21, 2015 at 6:OOpm at the Council Chambers, National City, California. The meeting closed at 8:32 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 21, 2015. Mayor Upcoming City Council Workshops: • FY 16 Budget Chambers • FY 16 Budget Chambers Book 97 / Page 58 04-07-2015 Workshop, April 28, 2015 @ 5:00 pm — City Council Workshop, May 26, 2015 @ 5:00 pm — City Council EXHIBIT `L' CALIFORNIA ^-<-1- NATIONAL CITY ( aI INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY AND SUCCESSOR AGENCY TO THE COMMUNITY DEVELOPMENT COMMISSION AS THE NATIONAL CITY REDEVELOPMENT AGENCY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, April 7, 2015 — 5:00 p.m. ROLL CALL CLOSED SESSION CITY COUNCIL 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and CDC v. Rosenow Spevacek Group Arbitration Matter 1 SUCCESSOR AGENCY 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) City of National City and CDC v. Rosenow Spevacek Group Arbitration Matter ADJOURNMENT Next Regular City Council and Successor Agency Meetings: Tuesday, April 7, 2015, 6:00 p.m., Council Chambers, Civic Center Book 97 / Page 59 04-14-2015 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY April 14, 2015 The Special Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:03 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Parra, Raulston, Rodriguez, Silva, Stevenson, Vergara, Williams. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC ORAL COMMUNICATIONS None. CITY COUNCIL NEW BUSINESS TEMPORARY USE PERMITS 2015 (203-1-31) 1 Temporary Use Permit — Maxx Bounce Amusement Park hosted by Inflatable World Corporation at 3030 Plaza Bonita Road from April 15, 2015 thru August 14, 2015 with no waiver of fees. (Neighborhood Services) RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees TESTIMONY: Kevin Fonseca, the applicant, responded to questions and spoke in favor. ACTION: Motion by Rios, seconded by Cano, to approve staff recommendation. Carried by unanimous vote. EX-PARTE: Members Cano, Mendivil, Morrison and Rios disclosed that they had contact with the applicant prior to the meeting. Book 97 / Page 60 04-14-2015 COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY No Agenda Item STAFF REPORTS None. MAYOR AND CITY COUNCIL None. CLOSED SESSION REPORT City Attorney Claudia Silva stated there was nothing to report from the Closed Session. (See attached Exhibit `L') ADJOURNMENT Motion by Sotelo-Solis, seconded by Rios, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City — Homelessness Workshop to be held Tuesday, April 21, 2015 at 4:30 p.m. at the Council Chambers, National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, April 21, 2015 at 6:00pm at the Council Chambers, National City, California. The meeting closed at 6:09 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of April 21, 2015. Mayor Upcoming City Council Workshops: • FY 16 Budget Chambers • FY 16 Budget Chambers Book 97 / Page 61 04-14-2015 Workshop, April 28, 2015 @ 5:00 pm — City Council Workshop, May 26, 2015 @ 5:00 pm — City Council EXHIBIT `L' ROLL CALL CLOSED SESSION CALIFORNIA NATIONA.L CIT'Y ( aI INCORPORATED AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting — Tuesday, April 14, 2015 — 5:30 p.m. CITY COUNCIL 1. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) People of the State of California v. Ben Adler, et al. San Diego County Superior Court Case No. 37-2010-0092488-CU-MC-CTL 2. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) Benjamin Adler v. City of National City San Diego Superior Court Case No. 37-2013-00077889-CU-W-CTL 3. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) McDini's Restaurant Corp. v. City of National City San Diego Superior Court Case No. 37-2014-00013211-CU-PO-CTL 4. Conference with Legal Counsel — Existing Litigation Government Code Section 54956.9(a) McDini's Inc. v. City of National City United States District Court Case No. 14CV2199 ADJOURNMENT Next Special City Council Meeting: Tuesday, April 14, 2015, 6:00 p.m., Council Chambers, Civic Center Next Adjourned City Council Meeting: Tuesday, April 21, 2015, 4:30 p.m., Council Chambers, Civic Center Next Regular City Council Meeting: Tuesday, April 21, 2015, 6:00 p.m., Council Chambers, Civic Center CC/CDC-HA Agenda 4/21/2015 — Page 41 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is th CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to enter into an agreement with the Coast Community College District (Golden West College) to provide training services. The training program to be provided is the Special Weapons and Tactics Academy. The cost of the training will be $798.00 per student for an 80 hour course. PREPARED BY: Greg Seward, Lieutenant DEPARTMENT: Police / PHONE: (619) 336-4538 APPROVED BY:'%''� � EXPLANATION: The National City Police Department is required by Police Officer Standards and Training (P.O.S.T.) guidelines to send newly appointed Officers assigned to the SWAT Team to an 80 hour Basic SWAT Course. The nearest P.O.S.T. approved course is at Golden West College in Costa Mesa. The college requires a standard agreement be signed for officers to attend their SWAT Academy. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS 001-411-136-226-0000 P.O.S.T. Reimbursable Training, Travel & Subsistence - $798 per student, for up to four students for a total cost of $3,192.00 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement between the City of National City and the Coast Community College District COAST COMMUNITY COLLEGE DISTRICT Agreement for Contracted Education Services This Agreement for Contracted Education Services ("AGREEMENT") is entered into as indicated on the signature lines below, by and between the COAST COMMUNITY COLLEGE DISTRICT (Golden West College), 1370 Adams Avenue, Costa Mesa, CA 92626, hereinafter, "DISTRICT", and the CITY OF NATIONAL CITY, hereinafter, "AGENCY". DISTRICT and AGENCY are referred to herein individually as "PARTY" and collectively as "PARTIES." WHEREAS, DISTRICT is authorized by Section 55170 of Title 5 of the California Code of Regulations and Section 78021 of the California Education Code to conduct Contract Training and Consultation Services to serve community needs; and WHEREAS, AGENCY desires to contract with the DISTRICT for Training and/or training services as identified herein. DISTRICT and AGENCY agree as follows: 1. The term of this AGREEMENT shall be from May 1, 2015 through May 1, 2018, inclusive. 2. The training program to be offered is Special Weapons and Tactics Academy. A copy of the Daily Schedule is attached to this Agreement as Attachment A, a copy of the program outline (including Physical Fitness) is attached as Attachment B, and a copy of the Safety Guidelines is attached as Attachment C. The program should have a total of 80 hours of training and/or training will be provided to a maximum of 35 participants. DISTRICT may offer up to three SWAT Academies a year during the term of this agreement. 3. The services will be conducted at: • Golden West College Criminal Justice Training Center • PRADO Olympic Shooting Park, 17501 Pomona Rincon Rd Chino, CA 91708 • Joint Powers -Huntington Beach Fire Training center (Tower and Heliport/SIMS House) Gothard Street, Huntington Beach, CA • Mackay School, 8721 Cypress Avenue, Cypress, CA • Swain School, 581 Newman Street, Cypress, CA • Dickerson School, 10051 Bernadette Avenue, Cypress, CA • Other locations as approved by DISTRICT 4. Participants successfully completing the program will receive 0 units of college credit in accordance with policies of the DISTRICT Board of Trustees. 5. AGENCY agrees to pay the DISTRICT the sum of Seven Hundred and Ninety - Eight Dollars per participant for training services and instructional material provided under this agreement excluding range fees and ammunition costs. DISTRICT may, from time to time during the term of this AGREEMENT, request to amend the per participant rate for training services and instructional material. Any such amendment, if agreed to by both PARTIES, shall be in writing signed by both PARTIES. During the course of the AGREEMENT, AGENCY may request additional classes by contacting the DISTRICT administrative liaison (designated in paragraph number seven). IRV #4830-9348-2499 vl 6. AGENCY shall pay for each program participant's participation in the training prior to such training commencing, and regardless of whether such participants complete the full program. AGENCY shall pay by agency check or credit card. Payment can be submitted prior to the start of the class but no later than the first day of instruction. 7. DISTRICT and AGENCY will provide an administrative liaison to the other in the performance of this AGREEMENT. The administrative contact for DISTRICT will be Suzanne Rosas, Program Coordinator, (714) 895-8925. The administrative contact for AGENCY will be Nancy Nagle at (619) 336-4488. 8. The PARTIES agree that they will not unlawfully discriminate in the selection of any participant to receive training pursuant to this AGREEMENT because of that participant's race, creed, national origin, religion, sex, sexual preference, marital status, age, disability, veteran status, genetic information, and/ or medical condition. 9. AGENCY will make whatever special arrangement is necessary to account for participant/employee time spent in Training should AGENCY policy require more than a noticed review of DISTRICT attendance records. 10. AGENCY agrees to indemnify, defend, and hold harmless DISTRICT, its trustees, agents, and employees from any damages or claims resulting from acts or omissions of AGENCY, its agents, or employees. DISTRICT agrees to indemnify, defend, and hold harmless AGENCY, its agents, and employees from any damages or claims resulting from acts of omissions of DISTRICT, its agents, or employees. 11. Entire Agreement. This AGREEMENT supersedes all prior agreements, either oral or written between the PARTIES with respect to the subject of this AGREEMENT. Each party to this AGREEMENT acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party which is not embodied herein. All amendments or modifications to this AGREEMENT shall be in writing and signed by both PARTIES before such shall take effect. 12. The DISTRICT personnel assigned to develop coordinate, and conduct the education and/or service(s) provided for herein, will be certified in accordance with the standards on file with DISTRICT and/or by documented experience and credentials is acceptable to AGENCY. 13. AGENCY shall, no less than forty-eight hours in advance, communicate with the assigned DISTRICT administrator any changes to the scheduled time, location, or scope of the educational services agreed upon by AGENCY and DISTRICT. 14. All notices or communication required or permitted to be given hereunder shall be in writing and served personally, delivered by courier or sent by United States certified mail, postage prepaid with return receipt, addressed to the other party as follows: IRV #4830-9348-2499 vl To Campus: Suzanne Rosas/Criminal Justice Training Center Golden West College 15744 Goldenwest Street Huntington Beach CA, 92647-0748 With a copy to: Coast Community College District To AGENCY: 1370 Adams Avenue Costa Mesa, CA 92626 Attn: Risk Services National City Police Department Manuel Rodriguez, Chief of Police 1200 National City Blvd. National City, CA 91950 and/or such other persons or places as either of the PARTIES may hereafter designate in writing. All such notices personally served delivered by courier shall be effective when received. All notices sent by certified mail shall be effective forty-eight hours after deposit in the mail. 15. Each individual executing this AGREEMENT on behalf of the PARTIES represent and warrant that he/she is duly authorized to execute this AGREEMENT on behalf of their respective party and that this AGREEMENT is binding thereto. CITY OF NATIONAL CITY COAST COMMUNITY COLLEGE DISTRICT Signature Signature Ron Morrison Typed Name Typed Name Mayor Title Chancellor, or President, Board of Trustees Date Date Approved as to form: Claudia Silva, City Attorney IRV #4830-9348-2499 vl ATTACHMENT A: Day 1 Presentation 0730 Registration 0800 PT Testing 0900 Intro to the SWAT Academy 1100 LUNCH 1200 Officer Survival 1430 Tactical First Aid Day 2 Presentation 0630 PT Test Make up (if necessary) 0800 Basic Entry lecture 1230 LUNCH 1330 Intro to Tactical Entries Day 3 Presentation 0800 Red Team: Tactical Simulator Silver Team: Chemical Agents & Less Lethal 1000 Red Team: Chemical Agents & Less Lethal Silver Team: Tactical Simulator 1200 LUNCH 1300 Red Team: Tactical Simulator Silver Team: Scouting/Perimeters & Flashbangs 1500 Red Team: Scouting/Perimeters & Flashbangs Silver Team: Tactical Simulator CJTC: 5/2014 *Schedule is subject to change based on instructor and facility availability GOLDEN WEST COLLEGE BASIC SWAT ACADEMY Daily schedule* Presenter R.K. Miller Sgt. Olson Lt. Tidrick Lt. Ed Deuel Commander McGeachy Presenter R.K. Miller R.K. Miller Tactics Staff Presenter Lt. Tidrick Sgt. Myers Sgt. Myers Lt. Tidrick Lt. Tidrick Mr. Rivera Mr. Rivera Lt. Tidrick Location GWC GWC GWC GWC GWC Location GWC GWC GWC Location GWC-Force Option Lab GWC GWC GWC-Force Option Lab GWC-Force Option Lab GWC GWC GWC-Force Option Lab Dress P.T. Gear P.T. Gear P.T. Gear P.T. Gear P.T. Gear Dress SWAT Uniform SWAT Uniform SWAT Uniform Dress SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform Page 1 of 3 Day 4 Presentation Presenter 0800 Operational Planning, CP OPS & Scenarios 1200 LUNCH 1400 Operational Planning, CP OPS & Scenarios (cont.) 1530 Dry Fire Weapons Manipulations* Tactics Staff Tactics Staff Tactics Staff *NOTE: (No loaded weapons, no Flashbangs, no Chemical Agents etc.) Day 5 Presentation Presenter Location Dress GWC SWAT Uniform GWC SWAT Uniform GWC SWAT Uniform Location Dress Simmunitions Safety Equipment and Converted Weapons required. (NO LIVE AMMUNITION OR LOADED WEAPONS ALLOWED) 0800 Red Team: Active Counter Measures Silver Team: Force on Force* 1000 Red Team: Force on Force* Silver Team: Active Counter Measures 1200 LUNCH 1300 Red team: Rappelling Silver Team: Vehicle Assaults 1500 Red team: Vehicle Assaults Silver Team: Rappelling Tactics Staff Tactics Staff Tactics Staff Tactics Staff Tactics Staff Tactics Staff Tactics Staff Tactics Staff * NOTE: Long Guns will have Chamber Safes or bolts out for Active Counter Measures Drills Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Joint Powers HB Training SWAT Uniform Day 6 Presentation Presenter Location Dress 0800-2100 Firearms/Includes Night Shoot Tactics Staff Prado Olympic Shooting Park SWAT Uniform Day 7 Presentation Presenter Location Dress 0800-1700 Firearms (cont.) Diversionary Devices Tactics Staff Prado Olympic Shooting Park SWAT Uniform CJTC: 5/2014 *Schedule is subject to change based on instructor and facility availability Page 2 of 3 Day 8 Presentation 0800 Legal Aspects 1000 Tactical Lessons Learned 1200 LUNCH and travel to School 1300 Red Team: Basic Movements Silver Team: Chemical Agent Exposure 1400 Red Team: Chemical Agent Exposure Silver Team: Basic Movements Day 9 Presentation 0800 Entry Training: Slow/Deliberate & Dynamic Techniques* 1200 LUNCH 1300 Entry Training: Slow/Deliberate & Dynamic Techniques* Presenter Inv. Butcher/ Mr. Russell RK Miller Tactics Staff Sgt. Myers/Sgt. Sorenson Sgt. Myers/Sgt. Sorenson Tactics Staff Presenter Tactics Staff Tactics Staff Location GWC GWC Mackay School Mackay School Mackay School Mackay School Location Swain School Swain School Dress SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform SWAT Uniform Dress SWAT Uniform SWAT Uniform * NOTE: Simmunitions Safety Equipment and Converted Weapons required. (NO LIVE AMMUNITIONOR LOADED WEAPONS ALLOWED) Day 10 Presentation 0800 Entry Training: Dynamic Entries* 1200 LUNCH 1300 Team Scenarios GRADUATION Presenter Tactics Staff Tactics Staff Location To be announced To be announced Dress SWAT Uniform SWAT Uniform * NOTE: Simmunitions Safety Equipment and Converted Weapons required. (NO LIVE AMMUNITION OR LOADED WEAPONS ALLOWED) CJTC: 5/2014 *Schedule is subject to change based on instructor and facility availability Page 3 of 3 SWAT ACADEMY POST— Expanded Course Outline G W C-CJTC-2014 ATTACHMENT B Golden West College BASIC SWAT ACADEMY (P.O.S.T. EXPANDED COURSE OUTLINE) I. Basic Concepts A. Introduction 1. Definition: A Special Weapons and Tactics (SWAT) team is any designated group of law enforcement officers who are selected, trained, and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units. 2. Purpose: The purpose of the SWAT training is to increase the likelihood of safely resolving critical incidents. The training addresses aspects that focus on effectiveness, safety and prevention of problematic critical incidents. II. Basic SWAT Team Operational Components Basic SWAT teams should develop resources sufficient to fulfill the following three minimum operational components: A. Command and Control Element 1. Planning, organizing, staffing and directing the overall SWAT operation 2. Coordination with the Crisis Negotiations Team 3. Liaison with allied agencies 4. Mission documentation 5. Communications 6. Medical support 7. Mission debriefings B. Containment Element 1. Control of Inner Perimeter 2. Evacuation 3. Tactical Deliveries (Chemical munitions, equipment, etc.) 4. Precision Long rifle/observer Deployment and Support C. Entry/Approach /Rescue Element 1. Scouting missions 2. Breaching 3. Enter, search and secure objective(s) 4. Rescue operations 5. Subject/suspect detention Page 1 of 7 SWAT ACADEMY POST — Expanded Course Outline GWC-CJTC-2014 III. Basic Swat Program Topics A. Introduction 1. Program Objectives 2. POST SWAT Project and Guidelines 3. Historical Perspective of the SWAT Concept B. Performance Evaluation of Team Members 1. Core Competency Training and Compliance a. Participants must be in excellent physical condition. b. Participants must be free of any injury or condition that would hinder their performance during the program. c. Participants must be formally trained and currently qualified with the weapons and devices used during the program. d. Participants must possess an average level of shooting skills. e. Participants must have "on -duty" status with their agencies while attending the program. f. Participants must be covered by Worker's Compensation, or have a healthcare provider. g. Presentational staff reserves the right to dismiss anyone at any time who does not exhibit the !evel of performance required to successfully complete the program. C. Policy Issues 1. Legal Issues/Civil Liabilities 2. Use of Force 3. Mutual Aid Procedure 4. SWAT Policies and Procedures 5. Importance of Correct Terminology D. Basic Concepts of SWAT 1. Common SWAT Responses 2. Incident Command and Direct Supervision of the SWAT team 3. SWAT Activation Criteria 4. Team Composition and Duties E. Psychological Considerations 1. Post -Trauma Stress 2. Stress Management 3. Mental Conditioning for Confrontations F. Physical Considerations 1. Fitness Standards for SWAT Members 2. Lifetime Fitness Recommendations 3. Physical Training for SWAT Team Members 4. Emergency Medical Procedures G. Overview of Individual and Team Equipment 1. Uniform Equipment Page 2 of 7 SWAT ACADEMY POST- Expanded Course Outline GWC-CJTC-2014 2. Weapons and Firearms 3. Communication Devices 4. Support Equipment and Technology H. Operational Planning 1. Importance of Planning 2. Structured Planning Format 3. Principies of Containment 4. Intelligence Gathering 5. Pre -Event Planning 6. Contemporaneous Planning 7. Implementation/Resolution 8. Incident De -Briefing Overview of Specialized SWAT Functions 1. Canines 2. Airborne 3. Crisis Negotiations 4. Explosive Breaching 5. Long Rifle/Observer 6. Rescue Operations 7. Mobile Assaults 8. SWAT Response to WMD-related incidents J. Command Post Operations 1. Field Command Post 2. Tactical Operations Center 3. Media Considerations K. Individual and Team Movements 1, Cover and Concealment 2. Team Communications 3. Overcoming Obstacles 4. Practical Application L. Basic Entry and Search Techniques 1. SWAT Arrest and Control 2. Buildings and Structures 3. Mechanical Breaching 4. Open Area Searching 5. Practical Applications M. Chemical Agents in SWAT Operations 1. Overview of Chemical Agents 2. Less Lethal Munitions 3. Practical Applications N. Diversionary Devices 1. Overview of Diversionary devices 2. Practical Applications Page 3 of 7 SWAT ACADEMY POST - Expanded Course Outline GWC-CJTC-2014 O. Crisis Negotiation 1. Negotiation Concepts and Strategies 2. Relationship between SWAT and Crisis Negotiation Team P. Individual and Team Firearms Training 1. Handguns 2. Shoulder -fired Weapons 3. Practical Applications Q. Training Scenarios and Problem -Solving Simulations 1. Table Top Exercises 2. Reality -based Exercises II. SWAT Core Competencies A. Weapons, Munitions, and Equipment 1. Armored Vehicle Operations 2. Equipment Familiarization and Maintenance 3. Firearms Skills (live fire) a. Handgun b. Low light/night training c. Shoulder -fired weapon 4. Individual Operator's Uniform Maintenance and Wear 5. Ladder and Other High Angle Access 6. Lighting Systems (personal, weapons, other) 7. Mechanical Breaching a. 12-gauge shotgun breaching b. Rams, picks, pullers, etc. 8. Munitions a. Chemical Agents: Options and delivery systems b. Less lethal impact munitions and delivery c. Light/sound diversionary devices d. Other Tess lethal devices 9. Night Vision Equipment 10. Use of Ballistic Shields 11. Weapons Maintenance B. Individual and Team Movement/Tactics 1. Active Shooter Response 2. Aircraft Intervention 3. Barricaded Subject Operations 4. Booby Traps 5. Camouflage Techniques 6. Conducting Evacuations 7. Containment Techniques 8. Cover and Movement 9. Covert Clearing 10. Downed Officer/Citizen Rescue 11 Dynamic Clearing 12. Emergency Deployment Techniques 13. Entries 14. High Risk Warrant Service Page4of7 SWAT ACADEMY POST- Expanded Course Outline GWC-CJTC-2014 a. Contain and call -outs b. Dynamic c. Remote Takedowns d. Ruses, etc. 15. Homicide Bomber 16. Immediate Action Drills 17. Long Rifle initiated Assault 18. Night Movement 19. Rappelling (rural and/or urban) a. Airborne b. Static 20. Reactionary Responses 21. Rescue Operations -Basic 22. Rural Operations 23. Scoutina 24. Searching Techniques 25. Small Unit Tactics 26, Tactical Operations Center 27. Vehicle Assaults a. Bus assaults b. Car/van/truck assaults C. Decision -Making 1. Mission and Tactical Contingency Planning 2. Training Simulations (scenario -based training) 3. Barricaded subject/suspect 4. High Risk Warrant (dynamic, contain and call -outs, etc.) 5. Hostage Situations a. Suicide intervention b. Other 6. Warrant Service Work -ups and Planning D. Specialized Functions and/or Supporting Resources 1. Airborne Operations 2, Counter -Terrorism 3. Executive Protection 4, Explosive Breaching 5. Long Rifle/Observer 6. Marijuana Grow Operations 7. Rescue Operations - Advanced 8. Riot Response 9. Surveillance 10. SWAT Canine Integration 11. Tactical Emergency Medical Support 12. Team Leader Training 13. Train/Trolley Assaults 14. Waterbome Operations 15. WMD Response Page 5 of 7 SWAT ACADEMY POST — Expanded Course Outline GWC-CJTC-2014 Physical Fitness for SWAT Officers SWAT ACADEMY: PRE -REQUISITE TEST P.T. REQUIREMENT Pre -requisite: Qualifications for all Participants in the SWAT ACADEMY at GWC-CJTC Strength Tests Age: Under 30 30-39 40-49 50+ Push ups 40 35 25 18 Sit-ups 45 40 35 30 Pull ups 8 6 5 4 1.5 mile run Age: Under 30 30-34 35-39 40-44 45-49 50+ Time: 11:30 12:00 12:30 13:00 13:30 14:00 Introduction II. Overview of class A. Importance of being physically prepared B. Physical Readiness 1. Ready to be deployed at any time a. physically fit b. psychologically fit III. Assessment of physical fitness Capability in special areas of fitness IV. Activities A. Agility: Move body quickly in four directions (forward, backward, sideways left and right). 1. Participant will learn, practice and be timed on an agility program 2. Participant will learn his/her level of performance by comparing his/her time against the test standard. B. Power: Measures explosive strength of legs. 1. Participant will perform the standing long jump several times 2. Best distance achieved will be compared against the test standard C. Flexibility: Ability of the body to flex and bend. 1. The flexibility of the legs and back will be measured 2. Performance on a sit and reach flexibility test will be compared against the test standard D. Balance: Ability to control and maintain bodily equilibrium. 1. Participant will perform a "one -foot" balance test 2. Participant will learn his/her performance based on a timed measurement compared to the test standard E. Strength and Endurance: Measures the capacity of the arm and chest muscles to perform repeated exercise at a high proportion of the body weight. 1. Based on the participant's body weight: Page 6of7 SWAT ACADEMY POST— Expanded Course Outline GWC-CJTC-2014 a. males - will bench press as many times as possible a weight that is 75% of their body weight b. females- will bench press 45% of their body weight as many times as possible 2. Participants will learn their capacity for muscle strength and endurance by comparing the number of repetitions completed compared to the test standard F. Body Composition: Measurement will determine the percent of fat of the participant. 1. Skin -fold assessment of the participant will be made by the Presenter 2. Participant will learn to calculate percent of fat using numbers determined by the assessment G. Coordination: Measures the ability to perform coordinated eye -hand movement quickly against the clock. 1. Participant will learn, practice and be tested against the clock on his/her ability to move objects with the dominant hand in a precise, coordinated sequence 2. Participant will learn his/her category of fitness by comparing his/her time against the test standard. H. Reaction Time: Measures the ability to physically react and move quickly to a visual stimulus. 1. Participant will be given time to practice the exercise before being tested 2. Participant will compare his/her average time against the test standard to find his/her category of fitness Speed: Measures the ability to run 50 yards from a standing start, as fast as possible. 1. After a suitable warm-up and stretching period, participant will run 50 yards from a standing start as fast as possible. 2. Participant will compare his/her time for a 50 yard sprint against the test standard to learn his/her fitness for speed J. Cardio-respiratory Endurance: Measures the fitness of the heart and lungs. 1. Participant will perform a 1.5 mile jog/run for time 2. Participant will compare his/her time against the test standard to learn his/her level of cardio-respiratory fitness. V. Presenter will give a presentation on interpreting the results of the physical and sport fitness assessments. Vl. The Presenter will conclude with a presentation on how to make improvements in the assessed areas. Information will be given on the types of activities and the frequency, intensity, and time training necessary each week to improve in each of the fitness areas measured. Page 7of7 SWAT ACADEMY POST — Basic Safety Requirements G W C-CJTC-2014 ATTACHMENT C Golden West College BASIC SWAT PROGRAM (P.O.S.T. SAFETY REQUIREMENTS AND GUIDELINES) I. GENERAL SAFETY POLICY It is the policy of the Golden West College Criminal Justice Training Center to conduct all training in a manner which promotes an overall attitude of safety. All staff and Presenters shall manage and facilitate the learning process to accomplish this goal. A. RESPONSIBILITIES — ADMINISTRATION AND STAFF 1. Administration shall ensure that advance notice is provided to trainees and their agencies regarding anticipated physical demands and/or physical performance standards. 2. Administration shall ensure that all Presenters are provided with a written copy of the general safety policy and the specific safety policies which pertain to their program of Presentation. 3. Administration shall ensure that emergency communications are accessible at all training sites, including a medical aid kit. 4. Administration shall ensure that at least one Presenter, either directly involved in the training event or immediately available at the training site, be trained in First Aid/CPR. 5. Administration shall ensure that emergency notification information is maintained on each participant for the duration of the specific program a. participants' emergency notification card shall be with the lead Presenter at all times while the class is in session 6. Administration shall coordinate notifications of outside agencies impacted by specific training situations. 7. Administration shall ensure that staff to participant ratios for each psycho -motor skill area are established and maintained. Reassessment of the staff to participant ratios shall be initiated when curriculum changes are proposed or when the program structure is modified. B. RESPONSIBILITIES — PRESENTERS 1. Presenters shall be responsible for conducting safety inspections or otherwise assessing the safety of the equipment and facilities used for training. 2. Presenters shall be aware of environmental factors, such as weather or air quality, and adjust the Presentation as necessary. 3. Presenters shall incorporate the safety policy into their lessons plans and shall orally review the policy with the class. The safety policy is also written into the program handouts. 4. Presenters shall follow the expanded program outline as submitted to POST. 5. Presenters shall advise all participants of their responsibility to report any unsafe actions during training. Page 1of16 SWAT ACADEMY POST -- Basic Safety Requirements GWC-OTC-2014 6, Presenters shall notify administration of any potential impact of their specific trainina on outside agencies. 7. Presenters shall adhere to all policies, rules, regulations, ordinances and laws concerning their conduct while interacting with Participants, C. RESPONSIBILITIES — PARTICIPANTS 1. All participants shall be provided with a copy of all safety guidelines as part of the program handouts. 2. All participants shall sign a form that states that they have read and understood all the safety guidelines and that they will adhere to them at all times during the program. 3 Participants shall immediately notify the program Presenter of any known pre-existing medical condition which is likely to be aggravated during training or will affect performance during training. 4 Participants shall be required to provide evidence of medical or physical fitness for training if the Presenter questions their ability to perform safely. 5. Participants shall immediately notify the program Presenter of any injury sustained during training. 6. Participants shall be responsible for adhering to all safety requirements while attending programs at the Golden West College — Criminal Justice Training Center. D. REPORTING OF INJURIES 1. In the event of an injury, Golden West College has a specific protocol to follow. a. All injuries shall be confirmed in writing on a GWC Injury Report Form and forward to GWC campus Fiscal Services office and the District Main Office. E. EMERGENCY RESPONSE In situations where there is an immediate threat to a person's life, initiate a 911 call to dispatch an ambulance — and then provide immediate First Aid. Also: 1. Report to GWC Health Center 714-895-8379 2. Report to Public Safety 714-895-8924 3. Notify Criminal Justice Training Center 714-895-8369 4. File Participant Accident/Incident Report within two days. Send original to Administrative Service and copy for the file. F. URGENT RESPONSE: Non -life threatening situations where immediate assistance is needed: 1. Contact Health Center 714-895-8379 and Public Safety at 714-895-8924 a. If necessary, transportation arrangement for URGENT cases will be arranged by Health Services or Public Safety 2. Provide immediate First Aid until help arrives Page 2 of 16 SWAT ACADEMY POST — Basic Safety Requirements GWC-CJTC-2014 3. File Participant Accident/Incident Report within two days G. ROUTINE RESPONSE: For treatment of minor illness or injury: 1. Request assistance from Health Center and or Public Safety. 2. Provide immediate First Aid until help arrives if necessary, transportation arrangement for ROUTINE cases will be arranged by Health Services or Security. 3. File participant Accident/Incident Report within two days. SAFETY POLICY: FIREARMS I. SAFETY POLICY — FIREARMS - PURPOSE A. The purpose of these guidelines is to promote a high level of protection for participants engaging in the Firearms portion. B. The guideline contained herein are specifically intended to apply a training experience, skills orientated firearms and safety proficiency. C. It is the intent of these guidelines to conform to the P.O.S.T. GUIDELINES FOR PARTICIPANT SAFETY IN CERTIFIED PROGRAMS Manual Part I, Section 1.0, Guideline 1.0, Section 1.1 WRITTEN POLICY GUIDELINES et al. Published 1990. II. RESPONSIBILITIES — ADMINISTRATION AND STAFF A. General safety rules as well as procedures unique to each firearms training facility have been developed, reduced to writing, and communicated to participants prior to each training session. B. All participants shall be provided a copy of these guidelines as part of the program handouts. C. A copy of all safety guideline policies shall be incorporated into the lesson plan of the Firearms lesson plan. D. To insure consistency and continuity, ALL Presenters will be required to adhere to the approved lesson plan 1. Changes or substitution of curricula can invite unwarranted risk to participants and are not allowed 2. Proposed additions or changes in program content shall be presented to the Criminal Justice coordinator BEFORE a program begins. The coordinator shall carefully evaluate the additions or changes before any approved changes are made. 3. Changes in program content which impact the Expanded Program Outline must be submitted to P.O.S.T. for approval before implementation as required by P.O.S.T. regulations. III. RESPONSIBILITIES — PRESENTERS A. All Presenters involved with the presentation of the Firearms portion of the SWAT academy shall demonstrate a proactive safety attitude and exhibit a professional demeanor at all times. Page 3of16 SWAT ACADEMY POST— Basic Safety Requirements GWC-CJTC-2014 B. At least one Presenter involved in the presentation of the Firearms class shall be certified in the administration of First Aid and CPR. C. Participants are queried to identify any pre-existing injuries or medical conditions which may affect their ability to safely participate in the Firearms training class. D. When the Presenter has doubts as to the participant's ability to safely perform any of the required training, the participants required to provide evidence of medical fitness for training. 1. When doubt exists as to the participant's ability to safely perform any training task, Presenters shall exclude the participant from training. 2. Evidence of medical fitness may include a clearance from a physician, or an attestation by the participant's employing agency that such medical clearance has been obtained. E. Presenters of the Firearms class shall maintain a high level of discipline over the participants at all times. F. During heat waves or other adverse climatic conditions, the pace of the Presentation and intensity level shall be reduced to avoid participant injury or illness. G. Presenters of the Firearms class shall wear clearly identifiable clothing. IV. PRESENTER QUALIFICATION The primary Presenter of the Firearms training programs shall have attended a POST Certified Firearms Presenter Program, or its equivalent. V. PRESENTER TO PARTICIPANT RATIO Due to the inherent danger of firearms, the number of Presenters shall be sufficient to provide adequate supervision over each participant. During the practical application portion of the Firearms class, the Presenter to participant ratio shall be: five participants or less to each Presenter. (5:1) VI. FACILITY GUIDELINES General: A. The training site is located so as to reduce potential hazards to the public caused by the firing of weapons. B. The training site is located in an area that minimizes the fire hazard to structures and vegetation. C. The site is reasonably free of loose gravel, rocks, or other debris which could become unintended flying objects. D. Restroom facilities and drinking water are available at the training site or in the immediate vicinity. E. A telephone or an emergency radio communications device is immediately accessible in the event of an emergency requiring outside assistance. F. A fire extinguisher is readily available at the training site whenever metal targets are utilized in flammable surroundings. Page 4 of 16 SWAT ACADEMY POST — Basic Safety Requirements G W C-CJTC-2014 G. An appropriate First Aid Kit and trauma kit is readily accessible at the training site. Included in the kits are the appropriate materials for the treatment of gunshot wounds or other life threatening events. H. All targets will be set up in such a manner as to minimize the danger of ricochets. Adequate emergency lighting shall be provided at the site of any night firearms training J. Safe areas are designated to accommodate persons who are not directly engaged in shooting, including areas for cleaning, and unloading and reloading with duty ammunition. VII. EQUIPMENT GUIDELINES A. All participants while shooting any firearm will be required to wear eye and ear protection or when they are in the immediate vicinity of the firearms program. B. Use of appropriate body armor during shooting programs will be encouraged. C. All weapons will be de -cocked and holstered and placed on "safe" before and during any individual movement form one position to another. D. All weapons will be inspected before use on the range. E. Clothing and footwear will be inspected prior to the program of fire to ensure safety of movement over and around barricades. F. Presenters will carry a communication device to announce a "stop" of all range activity in the event of a safety violation or emergency. VIII. PRESENTATION GUIDELINES A. Classroom Presentation will be done with the use of unloaded weapons. B. At no time will a "live" weapon of any type be brought into the classroom or lecture environment except at the firearms range during live firearms demonstration. C. All range safety rules will be re-emphasized to participants before any live range training. D. Specific procedures for handling weapon malfunctions, ammunition failures and other unusual occurrences will be reviewed before live fire training. E. All participants must "walk through" the entire tactical firearms program with the lead Presenter. F. Participants will be encouraged to wash their hands and face thoroughly after shooting to remove any lead -particles or other harmful debris. G. Any intentional violation of these safety guidelines or gross display of improper range procedures or lack of sound judgment, which in the Presenters mind, places the participant or others in safety jeopardy will result in the immediate removal of the participant form the program. IX. FIRING RANGE A. Emergency Plan and Procedures Page 5 of 16 B. First Aid and Trauma Kit C. Range Rules: Evans Shooting World D. Range Rules: Prado Olympic Shooting Park SAFETY POLICY: RANGE I. RANGE RULES - PURPOSE SWAT ACADEMY POST— Basic Safety Requirements G W C-CJTC-2014 A. It is the policy of the Golden West College — Criminal Justice Training Center to conduct all training in a manner that promotes an overall attitude of safety. B. The purpose of these guidelines is to promote a high level of protection for participants while engaged in specialized skills training at a firing range. II. RESPONSIBILITY —ADMINISTRATION AND STAFF A. These guidelines are specifically intended to apply to 1. training experience 2. skills performance 3. safety proficiency B. All staff and Presenters shall manage and facilitate the learning process to accomplish this goal. III. RESPONSIBILITIES — PRESENTERS A. In matters of safety and operating procedures, the RANGE MASTER is the supreme authority on the shooting range. Any deviation from their commands, orders and decisions may be grounds for immediate removal from the class and the shooting range. Dependent upon circumstances and the program of Presentation, Range Safety Officers and/or Firearms Presenters may have the same authority as that of the Range Master. B. The Range Master, Firearms Presenter and/or Range Safety Officer have the authority to inspect any and all weapons and ammunition on the range for safety. Refusal to submit said articles for inspection upon request is grounds for immediate suspension or range privileges. C. The Range Master, Firearms Presenter and /or Range Safety Officer have the authority to immediately withdraw range privileges for any person for cause and may order said person to leave. III. RESPONSIBILITIES — PARTICIPANTS A. It is the responsibility of each participant to ensure that all firearms are carried in a safe manner: 1. Revolvers shall be carried either holstered, cased or with the cylinder opened and the chambers empty. 2. Semi -Automatic pistols shall be carried either holstered, cased or with the slide locked in the rear position and magazine removed. 3. Special weapons such as shotguns, rifles, sub machine guns, gas guns, etc., shall be carried with the action open and all magazines, clips and projectiles removed unless trained to do otherwise. Page 6 of 16 SWAT ACADEMY POST— Basic Safety Requirements GWC-UTC-2014 B. All persons on the firing line shall adhere to the following regulations: 1. With the exception of the Range Master, Firearms Presenter or Range Safety Officer, only those persons assigned to the firing line shall be permitted on the line during shooting exercises. 2. All persons designated as shooters on the firing line shall un-holster and load only upon command of the Presenter of Range Safcty Officer. Shooters shall unload and appropriately store their weapons upon command. 3. Unless specifically trained by the Firearms Presenter or Range Safety Officer, all weapons on the firing tine shall be pointed down range during live fire training. 4. No malfunctioning weapon shall be removed from the firing line without first notifying the Firearms Presenter or Range Safety Officer as well as clearing the malfunction and removing all ammunition. C. The following "Cardinal Rules of Firearms Use" shall be observed by all participants: 1. Treat all weapons as if they were loaded. Never assume that you know a weapon's condition. 2. Treat all guns as though they are loaded. 3. Never point a firearm at anyone unless you are justified and willing to shoot that person. 4. Strictest discipline must be maintained. Carelessness will not be tolerated. 5. All firearm training must be properly and adequately supervised. 6. On picking up a firearm, open cylinder and check to see that it is unloaded. 7. Never give a firearm to or take a firearm from anyone unless the cylinder is open. 8. Never anticipate a command, wait for it. 9. Before loading a firearm, be sure there is no obstruction in the barrel. 10. Load only after position is taken at the firing line and the command to load has been given. 11. Unload when and as trained 12. Keep the firearm pointed down range at all time. 13. Keep the finger away from the trigger except when ready to fire. 14. No smoking on the firing line, 15. No talking on the firing line except for Presentations to the shooters. 16. Never permit the muzzle of a firearm to touch the ground. 17. Never let the hammer down on a live cartridge without placing the thumb behind the hammer and releasing the trigger. 18. In case of a misfire, keep the muzzle pointed down range for at least thirty seconds and raise empty hand to signal Presenter. Page 7 of 16 SWAT ACADEMY POST— Basic Safety Requirements GWC-CJTC-2014 19. Never fire a succeeding shot after a malfunction. Keep muzzle pointAd down range and raise free hand to summon Presenter. 20. Never leave the firing line without first unloading your firearm. 21. Never walk in front of the firing line until it has been cleared and the command is given to go forward. 22. Never carry a loaded firearm on the range except when on the firing line. 23. Never dry fire an the range except under supervision of the Presenter. 24. Pay strict attention to the range officer; he will tell you exactly what to do. 25. No one should be on firing line except those firing. D. Every participant shall wear eye and ear protection while engaged in shooting or while in the immediate vicinity of the firing line IV. EQUIPMENT GUIDELINES A, Ear protection and wrap around eye protection are MANDATORY on the range during live fire training B. Other required equipment may include: 1. Baseball caps, ballistic helmets, or other headgear 2. Clear eye protection for night shoots 3. Long sleeve shirt/jacket 4. Body armor 5. Elbow and knee pads LESS LETHAL MUNITIONS A. FACILITIES GUIDELINES 1. Rules of the facility shall be clearly posted. 2. Presenter shall conduct routine and regularly scheduled inspections of the facility and its environs to ensure that site -specific factors have not unexpectedly changed to the point that it might present a safety issue. 3. Each Presenter/ (or staff of facility use) shall supply in written form, the facility rules to each participants. Each participant will sign and return this form to the facility Presenter prior to the commencement of training. 4. Each less lethal munitions training facility shall have a reasonably contained perimeter designated by means of warning signs, fencing, or both, to prevent unauthorized entry. Page 8 of 16 SWAT ACADEMY POST— Basic Safety Requirements GWC-CJTC-2014 5. It is important that all persons in the vicinity of a less lethal munitions training facility are aware of the activities that occur there. Signs shall be posted conspicuously and far enough away from the shooting area to provide a wide margin of safety. 6. Staff conducts an evaluation of the environment to ensure that temporary or permanent hazards are appropriately addressed. 7. Each less lethal munitions training facility shall have a reasonably contained perimeter designated by means of warning signs, fencing, or both, to prevent unauthorized entry. 8. Conspicuous signage will designate safe areas to accommodate persons who are not directly engaged in training. These safe areas are clearly identifiable to the participant and appropriate devices for the safe loading and unloading of less lethal munitions shall be available. Staff shaii monitor participant activity to ensure that procedures are followed. 10. Each less lethal munitions training facility shall have a communications process which is capable of clearly transmitting Presentations to all persons at the facilities. 11. The process shall be sufficient to stop action and ensure that verbal commands are clearly understood by shooters on the firing line. The communications process may also include the use of lights, flags, hand signals, whistles, or horns. 12. Facilities and projectile impact areas shall be inspected prior to each training session for apparent hazards. 13. Facility conditions can change on a daily basis. Problems can be created by weather changes, intrusion of ground burrowing animals, or faulty equipment. Facility inspections shall be initiated prior to the beginning of each training session, upon retum to the facility, and following any break in training. 14. Periodic maintenance and inspection of the projectile impact areas shall be conducted for ricochet hazards. All weapons shall also be inspected for operability by staff prior to the start of live fire training 15. Adequate lighting shall be provided at the site of any nighttime less lethal munitions training. 16. Weather conditions shall be considered with regard to the need to provide shaded areas, shelter, or protective clothing. 17. Indoor facilities shall have adequate ventilation. 18. First Aid Kit and emergency notification procedures are readily accessible at each training site. Training facilities that have multiple areas equip each area with a First Aid kit. Each first Aid Kit shall include compresses and specific materials suitable for the control of bleeding and emergency treatment of gunshot wounds. 19. Presenters are trained in First Aid and Basic Life Support Techniques and shall be available to treat injured persons. 20. Staff shall ensure that firing and deflection angles do not compromise the safety of participants or other personnel 21. Participants/staff shall be encouraged to report ricochet hazards to the Presenter Page 9 of 16 SWAT ACADEMY POST — Basic Safety Requirements GWC-CJTC-2014 B. EQUIPMENT GUIDELINES 1. Every person shall be required to wear eye and ear protection (when appropriate) while engaged in shooting or while in the immediate vicinity of the firing line, or in another type of hazardous training area. 2. Extra protective equipment shall be on hand for use by visitors, or in the event a participant needs a replacement. All safety equipment shall meet or exceed current ANSI standards 3. The use of soft body armor is encouraged in all shooting programs. 4. Presenters shall determine the appropriate holster, or method of carry for each firearm or less lethal device. 5. Each weapon shall be inspected for operability prior to use in training. 6. A safety check of weapons shall be initiated following any break in training or whenever participants have been allowed to leave the training site. A safety check conducted after lunch breaks, transportation to remote facilities, or other breaks in training helps to ensure that munitions have not been inadvertently loaded. Periodic safety checks throughout the training day may also be appropriate. 7. Clothing and footwear appropriate to the program of fire and terrain of the facility shall be required. Clothing shall cover areas that could be injured in any of the positions the shooter is expected to assume. 8. The use of distinctive clothing, headgear, armbands, etc., by the Presenters is used so that staff is easily identifiable. C. PRESENTER QUALIFICATIONS 1. Presenters in approved less lethal munitions programs have successfully completed a POST certified Less Lethal Munitions Presenter Program or its equivalent. D. PRESENTER TO PARTICIPANT RATIO 1, The established ratio of less lethal munitions training of Presenter to participant shall be 2:1 or 1:1 as appropriate in tactical or moving programs of fire. E. PRESENTATION GUIDELINES 1. General facilities safety rules shall be reemphasized to participants immediately prior to facilities training. The facility safety rules shall be posted in a conspicuous location so that participants can quickly and regularly review the correct procedures. 2. Procedures for handling weapon malfunctions, ammunition failures and other unusual occurrences shall be reviewed prior to live -fire training. 3. Participants are trained to keep their fingers outside the firearm's trigger guard until a target is available for shooting and they decide to fire. Keeping the trigger finger outside of the weapon's trigger guard will help prevent accidental or unintentional discharges. 4. Participants shall be given a general orientation to any tactical shooting program where live fire will be used prior to the application phase of training. An orientation on the overall expectations of a tactical shooting exercise will generally enhance safety and positively impact the training experience. This shall ensure safety by providing the participant with a general expectation of what may occur. Participants shall Page 10 of 16 SWAT ACADEMY POST— Basic Safety Requirements G W C-CJTC-2014 not be exposed to an "unknown" situation that deliberately taxes discretionary abilities and manipulative skill since this may enhance a training experience significantly. 5. Participants shall be trained to wash their hands, face, and clothing thoroughly after training to remove any lead particles or other debris deposited as a result of the weapon's discharge. They shall also be trained in the danger of read deposits to children and pregnant women, and what precautions they shall take to safeguard them. DESTRUCTIVE DEVICES A. FACILITIES GUIDELINES 1. General safety rules and procedures on the use of each type of destructive device shall be developed, reduced to writing, and communicated to Presenters and participants prior to each training session. 2. Sound/light diversionary devices, sound/light diversionary devices containing chemical agents, sting ball grenades, and sting ball grenades containing chemical agents are all identified as destructive devices. 3. The location selected for deployment of destructive devices shall be reasonably free of loose gravel, rocks, or other debris which could become secondary missiles increasing the potential for injury. 4. Destructive devices shall never be deployed in areas where highly combustible materials or flammable vapors are present or suspected. 5. The deployment of a sting ball grenade or other sound/light diversionary devices in a confined environment shall be restricted to areas of adequate size and appropriate construction so as to limit the hazard caused by over -pressure. 6. Deployment of sound/light or related diversionary devices for training purposes shall occur only in areas where proper ventilation is provided. 7. When deploying sound/light and related diversionary devices in training, participants shall be positioned to avoid flying debris. B. EQUIPMENT GUIDELINES 1. Every person shall be required to wear FULL BODY protection if located within the effective range of a sound/light or sting ball device 2. All persons who are required to deploy or handle a live sound/light or pyrotechnic device shall be provided with fire retardant protective gloves. C. PRESENTER QUALIFICATIONS 1. Each Presenter has successfully completed a POST -certified Diversionary Device Presenter Program or its equivalent. D. PRESENTER O PARTICIPANT RATIO 1. The established ratio of sound/light diversionary devices, sting ball grenades, or other pyrotechnic diversionary device training of Presenter to participant shall be 2:1, or 1:1, as appropriate in actually deploying a diversionary device or is exposed to its effects. Page 11 of 16 SWAT ACADEMY POST— Basic Safety Requirements GWC-CJTC-2014 E. PRESENTATION GUIDELINES 1. The presenter's general safety rules shall be reviewed with participants immediately prior to the application phase of diversionary device training. 2. Specific procedures for handling accidental deployment, as we!! as malfunctions, and other unusual occurrences shall be reviewed immediately before any diversionary device is ignited. 3. All classroom Presentation or orientations shall be accomplished with inert devices. 4. Presenters are aware of the particular hazards associated with each device used in training and must deploy each accordingly. J. Sound/light, sting ball, and related diversionary devices shall never be thrown directly at or over the heads of participants. 6. Participants who are exposed to the effects of sound/light diversionary devices, sting ball grenades, or related diversionary devices shall be provided with safety equipment such as hearing protection, eye protection, appropriate glove (hand) protection, ballistic vests, or other appropriate safety gear. 7. Participants shall be trained in the correct safety procedure when a device fails to ignite. Disposal of a "dud" device is the responsibility of the Presenters. The specific procedures are contained in the presenter's written safety policy. 9. Participants shall be trained not to remove the safety pin from any sound/light, sting ball grenade, or other diversionary device until just prior to deployment 10. Participants shall be trained to hold sound/light, sting ball grenades and other diversionary devices with the safety lever or "spoon" positioned in the web of the strong hand. The safety pin shall be accessible to the participant's weak hand until after the device has been deployed. 11. Participants shall not throw, launch, or otherwise deploy diversionary devices unless they have a clear view of the area where the device is intended to land. TACTICAL OPERATIONS A. FACILITIES GUIDELINES 1. General safety rules and procedures on the use of each tactical operations training site has been developed, reduced to writing, and communicated to Presenters and participants prior to each training session. 2. The tactical operations training site shall be located in an area that reduces potential hazards to the public. 3. Safe areas shall be designated to accommodate persons who are not directly engaged in training. B. EQUIPMENT GUIDELINES 1. Presenters shall ensure that participants engaging in tactical operations training have access to serviceable and appropriate safety equipment as required by the specific tactical discipline to be taught. Page 12 of 16 SWAT ACADEMY POST — Basic Safety Requirements G WC-CITC-2014 2. A fire extinguisher shall be readily available during any tactical operations training where a fire hazard may exist. 3. Protective equipment shall be provided or required when paint guns or other projectile -firing weapons are employed in tactical operations training. Eye and ear protection as well as heavy clothing and groin protection shall be required when paint guns or other projective -firing weapons are utilized in training. Use of helmets, full -face shields and body armor is also strongly encouraged. 4. Protective equipment shall be provided or required when blanks are used as a training aid. Eye and hearing protections shall be required. 5, Distance restrictions are established when blanks are used as a training aid. 6. Firearms used in tactical operations training scenarios, role-play, arrest simulations, or weapon takeaway and retention exercises shall be rendered incapable of firing a live round. C. PRESENTER QUALIFICATIONS 1. Presenters of tactical operations training programs are appropriately qualified, based upon their experience, knowledge, and ability. D. PRESENTER TO PARTICIPANT RATIO 1. The established ratio of Presenter to participant shall be 2:1, or 1:1 as appropriate when high -risk techniques are involved. E. PRESENTATION GUIDELINES 1. Presenters shall maintain an appropriate level of discipline over participants at all times. 2. Presenters shall conduct a briefing of role players before the application phase of incident simulations or field scenarios. 3. Training facilities shall be inspected prior to the application phase of training. 4. The Presenters shall conduct a pre -training inspection of participant clothing and personal equipment prior to its use in the tactical operations training program. 5. Presenters shall conduct a safety check of all weapons and ammunition prior to training, following any break in training, or where participants or role players have been allowed to leave the training site. 6. Presenters shall be aware of physical fatigue factors that affect the ability of the participant to perform safely. 7. An inspection of any props used shall be conducted prior to the application phase of training. 8. Strenuous exercise shall be avoided during periods of poor air quality in conformance with the Air Quality Index (AQI). 9. General safety rules shall be reviewed prior to the application phase of training. 10. Safety rules and precautions applicable to the particular tactical discipline or training task shall be reviewed prior to the application phase of training Page 13 of 16 SWAT ACADEMY POST — Basic Safety Requirements GWC-CJTC-2014 11. Minimum conditioning guidelines shall be considered for participants engaging in tactical operations training. Participants shall be provided with a list of specific physical performance requirements, physical fitness expectations, and testing standards prior to participating. (SWAT Physical fitness pre -test) 12. The Presenters and the participants share responsibility to stop action when a safety breach is observed or other problem occurs. Participants shall be made aware of the appropriate immediate stop action procedure when a safety problem is perceived which may cause injury to anyone. This also underscores the reasonable responsibility of both participant(s) and Presenter(s) to stop action when hazards are observed. SAFETY POLICY: CHEMICAL AGENTS I. CHEMICAL AGENTS POLICY GUIDELINES - PURPOSE A. The purpose of these guidelines is to promote a high level of protection for participants engaging in the Chemical Agents portion. B. The guidelines contained herein are specifically intended to apply to a training experience, as opposed to a true tactical event. Therefore some precautions suggested in these guidelines may be inadvisable or inappropriate during an actual tactical emergency situation. C. It is the intent of these guidelines to conform to the P.O.S.T. GUIDELINES FOR PARTICIPANT SAFETY IN CERTIFIED PROGRAMS Manual Part I, Section 1.0, Section 1.1 WRITTEN POLICY GUIDELINES et al. Published 1990. II. RESPONSIBILITIES — ADMINISTRATION AND STAFF A. General safety rules as well as procedures unique to each Chemical Agents Training event are developed, reduced to writing, and communicated to participants prior to each training session. B. A copy of all safety guideline policies is incorporated into the lesson plan of the Chemical Agent lesson plan. C. To insure consistency and continuity, all Presenters will be required to adhere to the approved lesson plan. Ill. RESPONSIBILITIES — PRESENTERS A. All Presenters involved with the Chemical Agent class shall demonstrate a proactive safety attitude and exhibit a professional demeanor at all times. B, Presenters of the Chemical Agent class shall maintain a high level of discipline over the participants at all times. C. At least one member of the Presenters involved in the presentation of the Chemical Agents class shall be certified in the administration of First Aid and CPR. D. Participants are queried to identify any pre-existing injuries or medical conditions which may affect their ability to safety participate in the chemical agent training class. Page 14of16 SWAT ACADEMY POST — Basic Safety Requirements G W C-OTC-2014 E. When the Presenter has doubts as to the participant's ability to safely perform any of the required training, the participant is required to provide evidence of medical fitness for training. F. When doubt exists as to the participant's ability to safely perform any training task, Presenters shall exclude the participant from training. G. Evidence of medical fitness may include a clearance from a physician, or an attestation by the participants employing agency that such medical clearance has been obtained. H During heat waves or other adverse climatic conditions, the Presenter's pace and intensity level should be reduced to avoid participant injury or illness. IV. PRESENTER QUALIFICATION The primary Presenter of chemical agent training programs shall have attended a P.O.S.T. certified Chemical Agent Presenter Program, or its equivalent. V. PRESENTER TO PARTICIPANT RATIO A. Since participant reactions to the effects of chemical agent exposure vary widely, the number of Presenters must be sufficient to provide adequate supervision over each participant. B. During the practical application portion of the chemical agent class, the Presenter -to -participant ratio shall be five participants or less to each Presenter (5:1). C. This will also include a Presenter acting as a Range Safety Officer. VI. FACILITY GUIDELINES (CJTC Campus) A. The training site is located so as to reduce potential hazards to the public caused by the release of chemical agents. B. The training site is located in an area that minimizes the fire hazard to structures and vegetation. C. Restroom facilities and drinking water are available at the training site or in the immediate vicinity. D. A telephone or an emergency radio communications device is immediately accessible in the event of an emergency requiring outside assistance. E. A fire extinguisher is readily available at the training site. F. An appropriate First Aid Kit is readily accessible at the training site 1. Campus emergency services are also available VII. PRESENTATION GUIDELINES A. Classroom Presentation is done with the use of inert devices, slides, or other appropriate visual aids. Page 15 of 16 SWAT ACADEMY POST — Basic Safety Requirements GWC-CJTC-2014 B. During practical field demonstrations of the use of chemical agent munitions, Presenters should be aware of the particular hazards associated with the specific types of devices used in the training program and deploy them accordingly to the manufacturer's suggested recommendations. C. The Presenters shall supervise the decontamination of participants exposed to chemical agents. 1. Remove the participant from the contaminated area to an upwind condition 2. Have participant face into the wind keeping eyes open 3. Don't let them rub eyes 4. Have participant sit and remain calm to reduce sweating 5. Flush with cool clear water. 6. Should symptoms persist, seek medical attention. VIII. EQUIPMENT GUIDELINES A. Each participant will be required to provide the following Safety Equipment if used: 1. Serviceable gas mask 2. Nomax or leather gloves 3. Safety goggles 4. Hearing protectors — over the ear type is required, specifically excluded are: ear plugs, cotton, or other foreign objects pushed into the canal Page 16 of 16 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CHIEF OF POLICE TO EXECUTE AN AGREEMENT WITH COAST COMMUNITY COLLEGE DISTRICT TO PROVIDE SPECIAL WEAPONS AND TACTICS ACADEMY TRAINING AT THE COST OF $798 PER PARTICIPANT FOR TRAINING SERVICES AND INSTRUCTIONAL MATERIALS WHEREAS, Police Officer Standards and Training (P.O.S.T.) guidelines require an 80-hour Basic Special Weapons and Tactic Academy training for each officer newly appointed to the SWAT Team; and WHEREAS, the nearest P.O.S.T. approved course is at Golden West College in Costa Mesa, which is within the Coast Community College District (the "District"); and WHEREAS, the City desires to enter into an Agreement with the District for basic Special Weapons and Tactic Academy training for National City police officers newly appointed to the SWAT Team at the cost of $798 per participant for training services and instructional materials, excluding range fees and ammunition costs; and WHEREAS, the Agreement contains mutual indemnity provisions in which the City of National City agrees to indemnify, defend, and hold harmless the District, its trustees, agents, and employees from any damages or claims resulting from acts or omissions of the City, its agents, or employees; and the District agrees to indemnify, defend, and hold harmless the City of National City, its agents, and employees from any damages or claims resulting from acts of omissions of the District, its agents, or employees. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Chief of Police to execute an Agreement with Coast Community College District for basic Special Weapons and Tactic Academy training for National City police officers newly appointed to the SWAT Team. Said Agreement is on file in the Office of the City Clerk. PASSED and ADOPTED this 21 st day of April, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 4/21/2015 — Page 73 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street (TSC 2015-01) (Engineering/Public Works) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street (TSC 2015-01) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY: t j)44.144. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution to install a blue curb handicap parking space with signage in front of 17 E. 2nd Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on January 14, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on January 14, 2015 (TSC 2015-01) 3. Resolution EXPLANATION Ms. Teresa Del Toro, resident of 17 E. 2nd Street, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the north side of E. 2nd Street between National City Boulevard and "A" Avenue. Ms. Del Toro possesses a valid disabled person license plate and registration from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. The curb length in front of the residential lot between the end of curb radius (ECR) and easterly adjacent driveway apron of 21 E 2nd Street is approximately 100 feet Currently, there are no on -street handicap parking spaces provided in the immediate vicinity east of National City Boulevard. At their meeting on January 14, 2015, the Traffic Safety Committee unanimously approved staff recommendation to install a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street. The City Council Disabled Persons Parking Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence. This condition is met. 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship" case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street. Furthermore, Ms. Del Toro was informed that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may legally park in on -street handicap spaces for up to 72 hours. If approved by City Council, all work will be performed in-house by City Public Works staff. 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 14, 2015 ITEM NO. 2015-01 ITEM TITLE: REQUEST FOR INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF 17 E. 2ND STREET (BY T. DEL TOROI PREPARED BY: Kenneth Fernandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Ms. Teresa Del Toro, resident of 17 E. 2nd Street, has requested a blue curb handicap parking space in front of her residence due to physical limitations. The residence is located on the north side of E. 2nd Street between National City Boulevard and "A" Avenue. Ms. Del Toro possesses a valid disabled person license plate and registration from the California Department of Motor Vehicles. Staff visited the site and verified that the aforementioned residence does not have an accessible driveway or garage to accommodate a vehicle with a disabled driver or passenger. The curb length in front of the residential lot between the end of curb radius (ECR) and easterly adjacent driveway apron of 21 E 2nd Street is approximately 100 feet. Currently, there are no on -street handicap parking spaces provided in the immediate vicinity east of National City Boulevard. The City Council has adopted a policy, which is used to evaluate requests for handicap parking spaces. The City Council Policy requirements for "Special Hardship" cases are as follows: 1. Applicant (or guardian) must be in possession of valid license plates or placard for "disabled persons" or "disabled veterans". This condition is met. 2. The proposed disabled parking space must be in front (or side if on a corner lot) of the applicant's (or guardian's) place of residence: -This condition is rnet. - 3. The residence must not have useable off-street parking available or an off-street space available that may be converted into disabled parking. This condition is met. Based on the site evaluation, staff has determined that accessible parking is not available on the property. As a result, per the City Council Disabled Persons Parking Policy, Ms. Del Toro's request is eligible for further consideration. It shall be noted that handicap parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates or placards may park in handicap spaces. STAFF RECOMMENDATION: Since all three conditions of the City Council's Disabled Persons Parking Policy are met for this "Special Hardship' case, staff recommends installation of a blue curb handicap parking space with signage in front of the residence at 17 E. 2nd Street. EXHIBITS: 1. Correspondence 2. Location Map 3. Photos 4. Disabled Persons Parking Policy 2015-01 7D-1 { /Alz oe s_ t tS:?/ e. 2,2-J_L i-vc c, cic c,s p IZREsx1 �" �e175''?-13 /7 e ,.2fuot 9l(5-0 lea 11. 4.4 STATE OF CALIFORNIA • DEPARTMENT OF MOTOR VEHICLES VAI.JDATED REGISTRATION CARD TYPE VBUCLE USE REGISTRATION YAL D FROM TYPE Me12014 TO 4/MIb KD LICENSE NUMMI DP1B312 VEHICLE IDENTIRCATION NUMBER I AMIE VLF CLASS 3GUCNZADIS843995 CHEN AC RODY TYPE MODEL SD DATE RRST SOLD I AP 1199 B AX REGISTERED OWNER DELTORO TERESA ENCARNACION! DELTORO SERGIO 17 E 2ND ST NATIONAL CI i i CA 91950 LIENHOLDER WC ENDIVE NUMBER MISC KAB 10 *YR 2011 YR MODEL 1999 UNLADEN / G t CGW TYPE VEN 12 DATE ISSUED 4lSIIB14 TOTAL FEES PAID mum $711 VAN R 00070 L 00001 ,o„ o„ac„l SR1381 RISTRUCIIONS lam SiwaCE-SIZAPE asaxMUM ME Mums ELK F WEI' OR aPBmrEMALE' ZEN = MINWM DDT= t St LIFT ERE W MOM _ 4NICE awn ON161NRAN AS EWA IBM 1T4) NhM Caaer ninform il IDP183CZ I Mild Mall* Wei 0� DP183CZ IMPORTANT INSTRUCTIONS ON REVERSE SIDE R&M v Location Map Aunt Emma's Pancakes (214 National City Blvd) Prop°sod Blue Curb Disabled Parking PARKING ONLY 17 E 2nd Street Location of Proposed Blue Curb and Signage at 17 E 2" Street (looking northwest) Location of Proposed Blue Curb and Signage at 17 E 2nd Street (looking north) DISABLED PERSONS PARKING POLICY The purpose of a disabled persons parking zone is to provide designated parking spaces at major points of assembly for the exclusive use of physically disabled persons whose vehicle displays a distinguishing license plate as authorized by the California Department of Motor Vehicles. The City Council may upon recommendation of the City Engineer, designate specially marked and posted on -street parking spaces for disabled persons pursuant to California Vehicle Code 21101, et seq. at the following facilities: 1. Government buildings serving the public such as administration buildings, public employment offices, public libraries, police stations, etc. 2. Hospitals and convalescent homes with more than 75-bed capacity. 3_ Medical facilities and doctors' offices staffed by a maximum of five practitioners. Zones shall be located to serve a maximum number of facilities on one block. 4. Community service facilities such as senior citizens service centers, etc. 5. Accredited vocational training and educational facilities where no off- street parking is provided for disabled persons. 6. Employment offices for major enterprises employing more. than 200 persons. 7. Public recreational facilities including municipal swinuniug pools, recreation halls, museums, etc. 8. Public theaters, auditoriums, meeting halls, arenas, stadiums with more than 300 seating capacity. Other places of assembly suchasschools and churches. 10. Commercial and/or office building(s) with an aggregate of more than 50,000 square feet of usable floor space. Zone shall be located to serve a maximum number of facilities on one block 11. Hotels catering to daily guests, maintaining a ground floor lobby and a switchboard that is operated 24 hours per day. 12. A hotel or apartment house catering to weekly or monthly guests and containing more than 30 separate living units. In addition, disabled persons parking spaces may be provided within all publicly owned, leased or controlled off-street parking facilities as specified in the General Requirements. General Requirements Each disabled persons parking space shall be indicated by blue paint and a sign (white on blue) showing the international symbol of accessibility (a profile view of a wheelchair with occupant). Where installed under the above criteria the total number of disabled persons curb parking spaces will be limited to 3% of the total number of on -street parking spaces available in the area and shall be distributed uniformly within the area. Disabled persons parking will not be installed at locations with a full-time parking prohibition. When a disabled persons parking zone is installed where a part-time parking prohibition is in effect, the disabled persons parking zone will have the same time restrictions as the part-time parking prohibition. The cost of installing disabled persons parking will be assumed by the City on public streets and public off-street parking facilities. In establishing on -street parking facilities for the disabled there shall be a reasonable determination made that the need is of an on -going nature. The intent is to prevent the proliferation of special parking stalls that may be installed for a short-term purpose but later are seldom used. Unjustified installation of such parking stalls unnecessarily increases the City's maintenance and operations costs, reduce available on - street parking for the general public, and detract from the overall effectiveness of the disabled persons parking program. Special Hardship Cases It is not the intention of the City to provide personal reserved parking on the public right jof way, especially in residential areas. However, exceptions may be caade, in special hardship cases, provided all of the following conditions exists: (1) Applicant (or guardian) must be in possession of valid license plates for "disabled persons" or "disabled veterans." (2) The proposed disabled parking space must be in front of the applicant's (or guardian's) place of residence. Subject residence must not have useable off-street parking available or off-street space available that may be converted into disabled parking NOTE:It must be emphasized that such parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plates may park in the above stalls. (3) Jha:p RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF A BLUE CURB HANDICAP PARKING SPACE WITH SIGNAGE IN FRONT OF THE RESIDENCE AT 17 EAST 2ND STREET WHEREAS, a resident with a valid Disabled Person Placard from the State of California Department of Motor Vehicles, has requested the installation of a blue curb handicap parking space in front of her home at 17 East 2' Street; and WHEREAS, after conducting an inspection and review, staff determined that all conditions have been met for the property to qualify for a blue curb handicap parking space; and WHEREAS, the Traffic Safety Committee approved staff's recommendation at its January 14, 2015 meeting. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the City Engineer to approve the installation of a blue curb handicap parking space with a sign in front of the residence at 17 East 2nd Street. PASSED and ADOPTED this 21 s1 day of April, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 4/21/2015 — Page 86 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" and marked on -street public parking spaces on the westerly curb line of Hoover Avenue between Mile of Cars Way and E. 30th Street to enhance CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATr April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" and marked on -street public parking spaces on the westerly curb line of Hoover Avenue between Mile of Cars Way and E. 30th Street to enhance visibility and egress from W. 26t" Street and W. 28t" Street onto Hoover Avenue (TSC 2015-02) PREPARED BY: Kenneth Fernandez, P.E. PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering and Public Works APPROVED BY:t t FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: STAFF RECOMMENDATION: Adopt the Resolution. Finance MIS BOARD / COMMISSION RECOMMENDATION: At their meeting on January 14, 2015, the Traffic Safety Committee unanimously approved the staff recommendation to install red curb and marked on -street public parking spaces on the westerly curb line of Hoover Avenue as per TSC 2015-02. ATTACHMENTS: 1. Explanation 2. Staff Report to the Traffic Safety Committee on January 14, 2015 (TSC 2015-02) 3. Notice to affected property owners/businesses 4. Resolution EXPLANATION Southport Business Park business owners and employees, have requested red curb "No Parking" in front of the business complex for enhanced line -of -sight and safety via petition. The business area is located :n the area surroundng and adjacent to Southport Way, Hoover Avenue, Mile of Cars Way, W. 28" Street. The petition requests: 1) painted red curb along Hoover Avenue in order to provide enhanced line -of -sight when vehicles egress the west legs of W 26th Street, W 28" Street, and several private commercial driveway aprons & 2) the installation of marked on -street parking spaces in order to deter shipping trucks and recreational vehicles from parking overnight and throughout business hours in order to provide easier access for their customers and avoid the blockage of store frontage. Staff performed a site evaluation. The posted speed limit is 35 mph for northbound and southbound traffic. There are several on -site private parking lots at this property. Currently, there are 45 unrestricted parallel on -street public parking spaces for standard -sized class "C" vehicles. That amount is substantially decreased when larger class "A", "B", and "C" vehicles, e.g. semi -trucks, buses, and recreational vehicles, are parked at said locations. Consequently, the heights of these larger vehicles make it more difficult for exiting drivers to detect northbound and southbound vehicles without protruding from the driveways and side streets. In order to enhance the line -of -sight and parking issue in the area, additional red curb would likely alleviate both issues and act as a preventive measure. The placement of painted parking "T's" (20 feet in length) would create approximately 37 enforceable public parking spaces. This would result in a net loss of approximately 8 parking spaces when compared to the existing parking configuration. It is important to note that any vehicle fitting within the confines of these proposed on -street parking "T's" may legally park in them for up to 72 hours before being cited or towed at the registered vehicle owner's expense. Mr. Cory LaShell, Commercial Property Manager for H.G. Fenton Company and on behalf of the business owners and employees of the Southport Business Center, spoke in favor of the item. There was no public opposition to TSC Item 2015-02. Staff recommends the following be installed on the westerly curb line of Hoover Avenue between Mile of Cars Way and W. 30th Street: 1) Install approximately 190 feet of staggered red curb "No Parking" as shown on the attached location map within the staff report to the Traffic Safety Committee. 2) Install painted parking "T's" approximately 20 feet in length as shown on the attached location reap within the staff report to the Traffic Safety Committee. At their meeting on January 14, 2015, the Traffic Safety Committee unanimously approved staff recommendation to install red curb "No Parking" and marked on -street public parking spaces on the westerly curb line of Hoover Avenue between Mile of Cars Way and E. 30' Street. Surrounding property owners and business owners possibly affected by the change in street parking configuration were sent letters via U.S. Mai! notifying them of the City Council Meeting. If approved by City Council, all work will be performed in-house by City Public Works staff. 2 NATIONAL CiTY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JANUARY 14, 2015 ITEM NO. 2015-02 ITEM 11TLE: REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" AND MARKED ON -STREET PARKING SPACES AT THE WESTERLY CURB LINE OF HOOVER AVENUE BETWEEN MILE OF CARS WAY AND W. 30TH STREET TO ENHANCE VISIBILITY AND ACCESS FROM W. 26TH STREET AND W. 28Ta STREET ONTO HOOVER AVENUE (BY SOUTHPORT BUSINESS PARK BUSINESS OWNERS AND EMPLOYEES) PREPARED BY: Kenneth Femandez, P.E. Engineering and Public Works Department, Engineering Division DISCUSSION: Southport Business Park business owners and employees, have requested red curb "No Parking' in front the business complex for enhanced Tine -of -sight and safety via petition. The business area is located in the area surrounding and adjacent to Southport Way, Hoover Avenue, Mile of Cars Way, W. 28th Street. The petition requests: 1) painted red curb along Hoover Avenue in order to provide enhanced line -of -sight when vehicles egress the west legs of W 26th Street, W 28th Street, and several private commercial driveway aprons & 2) the installation of marked on -street parking spaces in order to deter shipping trucks and recreational vehicles from parking overnight and throughout business hours in order to provide easier access for their customers and avoid the blockage of store frontage. Staff performed a site evaluation. The posted speed limit is 35 mph for northbound and southbound traffic. There are several on -site private parking lots at this property. Currently, there aro 45 unrestricted parallel on -street public parking spaces for class "C" standard -sized vehicles. That amount is substantially decreased when larger class "A', "B", and "C" vehicles, e.g. semi -trucks and recreational vehicles, are parked at said locations. Consequently, the heights of these larger vehicles make it more difficult for exiting drivers to detect northbound and southbound vehicles without protruding from the driveways and side streets. in order to enhance the iine-of-sight and parking issue in the area, additional red curb would likely alleviate both issues and act as a preventive measure. The placement of painted parking 'Ts' (20 feet in length) would create approximately 37 enforceable public parking spaces. This would result in a net Toss of approximately 8 parking spaces. STAFF RECOMMENDATION: Staff recommends the following be installed on the westerly curb line of Hoover Avenue between Mile of Cars Way and W. 30th Street: 1) Instal! approximately 190 feet of staggered red curb "No Parking" as shown on the attached location map. 2) Install painted parking "T'? approximately 20 feet in length as shown on the attached location map. EXHIBITS: 1, Correspondence 2. Location Map 3. Photos 2015-02 Petition to Change the Parking Regulations on Hoover Ave Petition summary and We, the undersigned, are concerned business owners and employees of Southport Business Park. For some time, our street background: has been used as a parking lot for large shipping trucks and recreational vehicles. They hide our business from our customers, prevent easy access for our customers, and obstruct line of sight making turning on to Hoover Avenue exremely dangerous. Action petitioned for. We petition the Traffic and Safety Committee and City Council of National City to change the curbside parking conditions on the West side of Hoover Aire between Mile of Cars Way and West 30e1 St to be marked parking. This will prevent larger vehicles from parking in front of our property day or night. Printed name Signature Jtmconrn 41effwg iJeArglee Leri C tl tir '4c6i otcr Louri itto Ledroii- ;k1iliCeaftierifes C,ao1. Jt4fles A lhant+ iezflubhi Clcuctia )cnet. Address 2 Hoover five, 3c,1Q L eity cif q1%0 1j 101 Wooer AVe Natrona rill ea- q i4s0 411 40. MCA glee .2402- -trit NechtirmA Co tittle i.)ci J c CA �1t9-o #�'Ocr �r�iv�i 9.0(* Nog-lai c is, grn a. Ca & "wee Ave- Pichevin,1 `it°'lSo LUZ Hoofer Ave N4}iorrmI f ij. cA 11150 biol. Hoover nue Ma►4honat Cn ettg5p Za !'lcov4e" e. sZf e- ,L 401604 Citc, gem Comment eeowle 4- la Dat 01/2-2-11 w ziveig let, yktInn 11221,4 `See. tom` -$ -fruclic -11-22.14 rue, Maildilak CIAli Om 'lMO Impede 619h44t0145 filming was c'"' }, 1'4 m �} erti +Oano5,4c Crar / 'C*a1 'C h3 till i ertti �! • Address ry2 413* -12rn allie;L ii)ectt4kk • «:}F i* 5RIAJ ei,s ik,z Petit on to Change the Parking Regulations on Hoover Ave Petition summary and background: Action petitioned for: Printed name lidelatu We, the undersigned, are concerned business owners and employees of Southport Business Park. For some time , our street has been used as a parking lot for large shipping trucks and recreational vehicles. They fide our business from our customers, prevent easy access for our customers, and obstruct line of sight making turning on to Hoover Avenue extremely dangerous. We petition the Traffic and Safety Committee and City Council of National City to change the curbside ;harking oDnditions on the West side of Hoover Ave between Mile of Cars Way and West 30th St to be marked parking. This will prevent larger vehicles from parking in front of our property day or night. Address l/12 /Izv /6 Arr~, ie 1t! Comment it's Naproos 131i;,/ ;tom ---------- Date 1-.2149 hill Printed name Fr Airbteataller Si' nature Address Comment Lpate {1 r `Z.oa ¶ w,*-4-- 1f (r i9,0'e4 c , s. r� (r p. G ci Z. t4-03 442 A' C ST loo vest , e",,,414:4:cv7 Ulkgah Lr 4- Petition to Change the Parking Regulations on Hoover Ave Petition summary and background: Action petitioner for: Printed name LAI GRAN- Et- C +sN-te= 5 Sub Bo4f3- cr1G.0\ ^ sa Z' 14 eel cv4, t;g4 We, the undersigned, are concerned business owners and employees of Southport Business Park. For some lime our street ilas been used as a parking lot for large shipping trucks and Recreational Vehicles. They hide our businesses from our custorrers, prevent easy access for our customers, and obstruct line of sight making turning onto Hoover Avenue extremely dangerous. We petition the Traffic and Safety Committee and City Council of National City to change the curbside parking conditions on the West side of Hoover Ave between Mile of Cars Way and West 30th St to be marked parking. This will prevent larger vehicles from parking in front of our property day or night. Signature 464 Business Address ZS• Zc7 l-FB�V�+ ;fl&Vt- Si1'Tt trt-0 p over Avr. Svik g 2s�Aestv ,s.rc .fear - 4 Comment Date 4,-9411 G- •'y a Sc)c Aoav-e,r a-s,S S__-V 4Y 2 .a Q 4* 306 Lk.) . ve td°L k1 � 5r Iz/oz 3 Li1i' 2d Soo w - ro 2 -1-49 • •the ParkingRegulations on Hoover Ave Petition to Change hport siness Park. For some e our background: summary and We, the undersigned, are concemed business owners and employees of out Iles 8 They hide IFS nessestimm our street background: has been used. as a parking lot for large shipping trucks and Recreational customers, prevent easy access for our customers, and obstruct line of sight making turning onto Hoover Avenue i xtremely dan emus. We ! etition the Traffic and Safely Committee and City Council of National Citycparking.This curbside will prevent larger vons on ehicles e Action petitioned far. P West side of Hoover Ave between Mile of Cars Way and West 30th St to be marked from arkin In front of our property da or ni ht. -- Printed name V-- Si nature Ne relicieS 9:a /#IO'dR *me osasrw=r'r•+s a Ne ,,'e �+ o P' I GI gift /aiar_e_Jf Al-t Petition to Change the Parking Regulations on Hoover Ave Petition summary and background: Action petitioned for: Iftta, the undersigned, are concerned business owners and employees of Southport Business Park. For some time our street has been used as a parking lot for large shipping trucks and Recreational Vehicles. They hide our businesses from our customers: prevent easy access for our customers, and obstruct line of sight making timing onto Hoover Avenue extremely dangerous. We petition the Traffic and Safety Committee and City Council of National City to change the curbside parking corHditionsan the West side of Hoover Ave between Mile of Cars Way and West 3011 St to be marked parking. This will prevent larger vehicles from parking in front of our property day or night Primed name ` Mup,A. Business Address Comment - Date _...:J'gi.re 1-.a ra Gruzrnan ROCC t114. t ir _____� 2M-!3, Sou p t , ''4e F —II to lti -1434 Cutthpor+ W ' Site "11tolif 61142)4(60414`n)lit., e6.44C,-, .4t,itiv.A 44464ZOLOVNA413/1-1F- 7/0 /* i+iegr► g.oehter 241 39 So)4hpaft tare hi Sic. F 1 it O A MON14De. tATdbm moo i TAN hpoi + Wuy S}et. 2tMMt V.t * 4 4 �1,50441.-elet-wa�a IN) (VI /04401164-Ort ZA4*BEX*04.0Criiheq 01046143% tkP 1-1QL.1(t 71F 1 1 i _ ,hOtett fthlf/ �_ l 5 tA;1- 1 '0: A—i CP°LEIAiIt 460es y S a I WI y.• '1 t .' CM(„ "it 17 . ;Iv 1 '� )Jk ' ''+ f. ' 1'• ''t•.-.Y._ 400 /''m of 014 Sci 1 fL p 141 Printed naine TAek-coCT /Li M•Q- Ottrdy.cgaSettot- hc;SCo tY P Iiv Ft0f ,_ agf Ef 5/ r� Business Address Comment 30'0 w, Z 1 02 JaNwerak Ct) C>� V150 Kh111+:9h41 ci pry CA elms-0 go) (AA we& sirea , k e wat*,pQ 014 cA 9t9so Sb_ 1950 reW f G'r7` r. T iftder Date 6-9- I4 (,. q. IV 6/qtut. 71g0y Petition to Change the Parking Regulations on Hoover Ave Petition summary and We, the undersigned, are concerned business owners and employees of Southport Business Park For some time our street background: has been used as a parking lot for large shipping trucks and recreational vehicles. They hide our business from our customers, prevent easy access for our customers, and obstruct line of sight making turning on to Hoover Avenue extremely dangerous. Action petitioned for. We petition the Traffic and Safety Committee and City Council of National City to change the curbside parking conditions on the West side of Hoover Ave between Mlle of Cars Way and West 30th St to be marked parking. This will prevent larger vehicles from parking in front cf our property day or night. Printed name --' Signature / -Y&ate -Take 04 s� CML15 C.Cie", 1::' Address Comment tiOtti c&e r ate itO prtutt ice, D gzlns bit s s 77tx� �)so✓sh 'w� Aire Tom_ .4►.xL �IATr.7.�n� �TY,GA �[�'Sb 5da�4� �t -5406ce is,01. ,4' Aree .Ts-ile 21 ttdoo Vt 4Vc : A &44,36"3 DzefiztaexpoS 14. e, c.a. ! 4'c45 aU,tr,,f SPO 2_100 Nov vex l9vc xT''"t CQ'SeS 10 t v. vivo 4Iacue-!L Ate- 37e-h • c . C.4. q/f-Cir SAFE A/4 ' :7 00 o'if % . A+ef 3 'S e441D td"? —) Arc 40t4ike CA "l tots) d. �,.0 a t3� zlibboor "ow.. 0r4-Erbr it- c ref CA- q r 78b .€T AA" NSF* A 1'141o4 CT4 CA. Wyk.° 217 AEQ4./ rrr.A. Cr �r cA1144.4_ .Vrog-ory Ideremtinfotitarm -77 07707 tiler,rr Ai'E Sar;)i,A At-oa,.e/ (1 t Cd 91 s-a Primed name Sinature II) I AVM __Irj- Address Comment I Date 700 s Tare n.44.44 d isloseTS err cal gegr+ eterrl ita Business Add�tr Comment KlIe bg crzA5 e 1 741Z/1-1oG4.'49' (Ai47 Date riNeala.a. - (e f+ 1-17 �` N `J/ t £ U "ade5 U� ,. �= • 7 1. uts, rep-'r 5404 L` G5A-5al, ,, �d tll /Op Z5" Fr' 76.0 EiihiffeE fi&z, 401- 6'r 131-15ti EA -sr .5a etiF ALV Rb for 7k40' c*3yf% I mo! eF / 145P 1►ig* Lauf I kek / 11/z/ 121 [� 712i Printed name Signature fit & Y -A4povil ezefor 64mi' kanym. hod, A6- LieCti4 C fr Petition to Change the Parking Regulations on Hoover Ave Petition summary and We, the undersigned, are concerned business owners and employees of Southport Business Park. For some time , our street background: has been used as a parking lot for large shipping trucks and recreational vehicles. They hide our business from our customers, prevent easy access for our customers, and obstruct line of sight making fuming on to Hoover Avenue extremely dangerous. Action petitioned for: We petition the Traffic and Safety Committee and City Council of National City to change the curtside parking conditions on the West side of Hoover Ave between Mile of Cars Way and West 34th St to be marked parking. This will prevent larger vehicles from parking in front of our property day or nigh#. Printed name Cz Signature i_c�rteixite &fro* _Cale 414eiarJ-Le lAtimi DIAN Address Comment 014907,./( ogvi ( cif Rae-: cti, 47k inktet(C fY 4 'qm, Vti rt a,c- (jj u c Pietithon to Change the Parking Regulations on Hoover Ave Petition surnrna;y and We, the undersigned, are concerned business owners and employees of Southport Business Park. For some time, our street background: has been used as a parking lot for large shipping trucks and recreational vehicles. They hide our business from our customers, prevent easy access fcr our customers, and obstruct line of sight making turning on to Hoover Avenue extremely dangerous. Action petitioned far: We petition the Traffic and Safety Committee and City Council of National City to change the curbside parking conditions on the West; side of Hoover Ave between Mile of Cars Way and West 30th St to be marked parking. This will prevent larger vehicles from parking in front of our property day or night, Printed name Kendil Elsa 0lea ! dr an°, Garde. ripkit) P,nroCk0Oit / A1017-1 Lugs Address 3OW 51'94,4 i05 sex) w • A V-ta s + • SiT • 1o5 ��tta�-..�.Q. c��► Cry (WM Xstr d'vt /OJ- 474b3e 0./ay.c ij 100 AL 2Jf4 Sf-r(-cI fae- Ng1fe Crry c CIF -1 yg 3Ww _ads 1".io3' . ' VISO 3y,,,•23-+,, 34- 4/or vttC Ca9- 9 f `i50_ 30,0 ha 49 TN sr alas AIA•ravrad L ry cA Vini9 (ECG `f`c Comment Date 112.4 12014 7 VAr ha►'i '. V At 7/adIV 7(/t/,y N- tusiftre,24 r)J fA - i). f 7 IY Petition to Change the Parking Regulations on Hoover Ave Petition summary and We, the undersigned, are concerned business owners and employees of Southport Business Park. For some time, our street background: has been used as a parking lot for large shipping trucks and recreational vehicles. They hide our business from our customers, prevent easy access for our customers, and obstruct line of sight making turning on to Hoover Avenue extremely dangerous. Action petitioned for: We petition the Traffic and Safety Committee and City Council of National City to change the curbside parking conditions on the West side of Hoover Ave between Mile of Cars Way and West 30th St to be marked parking. This wit, prevent larger vehicles from parking in front of our property day or night. name Th. 1 c, , DIcKbe-t440% ,.. ri i■► 4641 Caret. Aedufof Address Comment 566) o St tC L P-'/R d() 3776K441E „Too k3 2? - /Gc[ 374D koauv+r5'-4 -36Al2.1* .goy 12)01 • STD Loy, 207Act 4,0 CoN' Date 7,4i/iy 721A —2/14' e5I -2- - e t c/ Printed naive -,TovitAity Qta4c,750)4_1iJ A6o_siukA__:-_T3-6LL L b d' Signature Address Comment DitA/Vj Or-7330 ;• 5./4 ki-19 Ce_C/*/Wfac_ 04,- 12 Lto $(J-l)c r t!oi aPei7 1.4163ftettxl avGe Qal t 4-0 ter o. S Pr° uj Sttjf.� cis -�- Date 7122 74a L 72' New Red Curb 130' Existing Red Curb r 400 Mlle of Curs Nay 20'1401h 2'120' Install Blew Rad Curb, respectively Install S&13 sets of pr idng teas, rosuestIvely Location Map t �t SOUTHPOItT COSINESS PARX 2 Unmarked Parking Stalls to refrain IIIPIEVVIIIMini A, ,. x � Rti11 t 14 1 Convert 20' of Red Curb r:,...0 25' Fteleting to S minute Milled I Red Curb to perking (White cub) far i " remain i U.R. Mali Receptacle " , ..._ Drop OR. Instal 1, S, R sots of panting tame, respectively 20'/0I2A' Install liiew Real Curb, respectively 20' Existing Yellow Curb to remain Install 4 sets of ping tees, respectively West leg of Hoover Avenue & E 26th Street Intersection (looking north) West leg of Hoover Avenue & E 26th Street Intersection (looking south) West leg of Hoover Avenue & E 28th Street Intersection (looking north) West leg of Hoover Avenue & E 28th Street Intersection (looking south) April 7, 2015 Property Owner/Business Owner National City, CA 91950 CALIFORNIA 0: CM iteari zicaoRpoltorio RE: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2015-02 REQUEST FOR INSTALLATION OF RED CURB "NO PARKING" AND MARKED ON -STREET PARKING SPACES AT THE WESTERLY CURB LINE OF HOOVER AVENUE BETWEEN MILE OF CARS WAY AND W 30TH STREET TO ENHANCE VISIBILITY AND ACCESS FROM W. 26TH STREET AND W. 28 STREET ONTO HOOVER AVENUE Dear Property Owner/Business Owner The City of National City would like to inform you that the subject -referenced item was unanimously recommended by the Traffic Safety Committee on Wednesday, January 14, 2015, (See attached location map). This item will now be presented to the City Council of the City of National City on Tuesday, April 21, 2015 at 6:00 P.M. The meeting will be held in the 2nd floor Council Chambers of the Civic Center Building located at 1243 National City Boulevard. If you have any questions, comments, and/or concerns, please contact the Engineering Department at 619-336-4380 and reference Traffic Safety Committee Item Number 2015-02. Sincerely, 7. Stephen Manganiello City Engineer SM:kf 2015-02 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 englneering@nationaldtyca.gov Location Map i r New Red Curb 133' Exist -low 11.d Cyr 400 Milo at Cara Way 1217/4c0M213o, Install New Rend Curb, ingsPobtikedy Fall n6&t3 sets of parking ease, ;respectively 30416'120' install New Rind Curb, rearpoctivvly 25' 3!xlating Reel Curb to rumen VP Existing Yellow Curb to remain Install 4 ants of parking tees, RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE INSTALLATION OF RED CURB "NO PARKING" AND MARKED ON -STREET PUBLIC PARKING SPACES ON THE WESTERLY CURB LINE OF HOOVER AVENUE BETWEEN MILE OF CARS WAY AND EAST 30T" STREET TO ENHANCE VISIBILITY AND EGRESS FROM WEST 26' STREET AND WEST 28" STREET ONTO HOOVER AVENUE WHEREAS, Southport Business Park business owners and employees submitted a petition requesting red curb "No Parking" in front of the business complex, located in the area surrounding and adjacent to Southport Way, Hoover Avenue, Mile of Cars Way, and West 28th Street, for enhanced line -of -sight and safety; and WHEREAS, after a site evaluation, staff recommends the installation of approximately 190 feet of staggered red curb "No Parking" and painted parking "T's" that are approximately 20 feet in length, as shown on the attached location map; and WHEREAS, at its meeting on January 14, 2015, the Traffic Safety Committee approved staff's recommendation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the installation of approximately 190 feet of staggered red curb "No Parking" and painted parking "T's" that are approximately 20 feet in length, as shown on the attached location map for enhanced line -of -sight and safety within the Southport Business Park. PASSED and ADOPTED this 21st day of April, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Location Map 12' New Red Curb 130' Existing Red Curb 400 Mile of Cars Way 20'/40'/12'/30' Install New Red Curb, respectively Install 5 & 13 sets of parking tees, respectively 20' Install New Red Curb SOUTHPORT BUSINESS PARK Convert 20' of Red Curb to 5 minute limited parking (White Curb) for U.S. Mail Receptacle Drop Off Install 1, 5, & 7 sets of parking tees, respectively 2 Unmarked Parking Stalls to remain 20'/20' Existing Red Curb 30'/6'/20' Install New Red Curb, respectively 20' Existing a Yellow Curb to remain Install 4 sets of parking tees, respectively a>r CC/CDC-HA Agenda 4/21/2015 — Page 114 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $50,688.00 to Crest Equipment, Inc. for the Grove Street Drainage Enhancements, CIP No. 14-07; 2) authorizing a 25% contingency in the amoun CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: 'April 21, 2015 AGENDA ITEM NO. I ITEM TITLE. Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $50,688.00 to Crest Equipment, Inc. for the Grove Street Drainage Enhancements, CIF No. 14-07; 2) authorizing a 25% contingency in the amount of $12,672.00 for any unforeseen changes; 3) authorizing the Mayor to execute the contract. PREPARED BY: Stephen ManganieiiO DEPARTMENT: nginc^r;ng/Fubl;c Vvicrks PHONE: 1336-4382I APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED:Finance ACCOUNT NO. 1 APPROVED: MIS 301-409-500-598-7049 (Drainage Improvements): $50,688.00 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: STAFF RECOMMENDATION: !Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: IN/AN ATTACHMENTS: 1. [Explanation 2. Bid Opening SUM -nary 3. Three Lowest Bidders Summary 4. Resolution EXPLANATION The Grove Street Drainage Enhancements, CIP No. 14-07, will implement construction and installation of new sidewalk, curb and gutter, and grading and erosion control. These new construction measures will address the existing drainage issues along the west side of Grove Street at the intersection of Grove Street and East 16th Street. On March 12, 2014, the bid soiicitation was adveiiised in local newspapers. Additionally, on March 12, 2015 the bid solicitation was posted on PlanetBids, a free public electronic bidding system for vendors. National City has subscribed to PlanetBids, effective March 2, 2015, to improve our bidding system for Capital Improvement Projects. This electronic bidding system has performed well to date. On March 26, 2015, six (6) bids were received by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. Crest Equipment, Inc. was the apparent low bidder with a total bid amount of $50,688.00. Upon review of all documents submitted and reference checks, Crest Equipment, Inc.'s bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding a contract in the not to exceed amount of $50,688.00 to Crest Equipment, Inc. for the Grove Street Drainage Enhancements, CIP No. 14-07, and authorizing a 25% contingency in the amount of $12,672.00. NAME: CIP NO: DATE: TIME: - BID OPENING RESULTS Grove Street Drainage Enhancements 14-07 Thursday, MARCH 26, 2015 2:00 P.M. ESTIMATE: $61,000.00. PROJECT ENGINEER: Kenneth Fernandez, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA BID SECURITY _CHECK - BOND 1. Crest Equipment, Inc. 161 Scottford Drive El Cajon, CA 92021 $ 50,688.00 N/A Bond 2 Just Construction, Inc. 3103 Market Street San Diego, CA 92102 $ 58,000.00 N/A Bond 3. MJC Construction 3015 Sylvia Street Bonita, CA 91902 $75,854.00 N/A Bond 4. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $79,310.00 N/A Bond 5. NRG Building and Consulting 15385 Olde Highway 80 El Cajon, CA 92021 $89,229.00 N/A 1 Bond 6. New Century Construction, Inc. 9119 Emerald Grove Ave. Lakeside, CA 92040 $93,835.00 N/A Bond Bid Results for Grove Street Drainage Enhancements, CIP No. 14-07 Crest Equipment Inc. Just Construction, Inc. MJC Construction Base Bid Item No. Description UnitUnit Qty. Price Extension (Quanityx Unit Price Extension uani x (Q tY Unit Price) Unit Price Extension uani x Unit {Q t3' Unit Price) Price) 1 Mobilization LS 1 $2,750.00 $2,750 00 $6,266.20 $6,266 20 $2,000.00 $2,000.00 2 Traffic Control LS 1 $1,500.00 $1,500.00 $1,050.00 $1,050 00 $4,000.00 $4,000.00 3 Clearing & Grubbing LS 1 $4,200.00 $4,200 00 $3,675.00 $3,675.00 $6,000.00 $6,000.00 4 Surveying LS 1 $2,100.00 $2,100.00 $2,100.00 $2,100 00 $1,500.00 $1,500.00 5 Signing and Striping LS 1 $900.00 $900 00 $2,205.00 $2,205.00 $2,500.00 $2,500.00 6 Water Pollution Control LS 1 $1,800.00 $1,800 00 $1,050.00 $1,050 00 $2,000.00 $2,000.00 7 Unclassified Excavation (Grading and import) CY 300 $30.00 $9,000 00 $33.60 $10,080.00 $60.00 $18,000.00 8 Class If Aggregate Base CY 15 $39.00 $585 00 $36.80 $552.00 $80.00 $1,200.00 9 Asphalt concrete paving SF 580 $2.35 $1,363 00 $7.40 $4,292.00 $8.00 $4,640.00 10 6" PCC Curb and Gutter (Type G- 2) LF 150 $35.00 $5,250.00 $32.60 $4,890 00 $60.00 $9,000.00 11 6" PCC Curb (Type G-I) LF 42 $35.00 $1,470 00 $28.40 $1,192 80 $42.00 $1,764.00 12 4" PCC Sidewalk (G-7) SF 950 $5.00 $4,750.00 $6.40 $6,080 00 $7.00 $6,650.00 13 6" PCC Driveway (G-14A) SF 120 $6.50 $780 00 $8.50 $1,020 00 $20.00 $2,400.00 14 Curb Outlet (D-25) EA 1 $3,300.00 $3,300.00 $3,654.00 $3,654.00 $1,700.00 $1,700.00 15 Remove and Replace Wood Fence LF 20 $50.00 $1,000.00 $39.90 $798.00 $50.00 $1,000.00 16 Remove and Replace Chain Link Fence LF 130 $38.00 $4,940.00 $31.50 $4,095 00 $50,00 $6,500.00 17 Field Orders AL 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 ` lease Bid 'Total $50,688 00 $58,000.00 $75.,854.00 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT IN THE NOT -TO -EXCEED AMOUNT OF $50,688 TO CREST EQUIPMENT, INC., FOR THE GROVE STREET DRAINAGE ENHANCEMENTS PROJECT, AUTHORIZING A 25% CONTINGENCY IN THE AMOUNT OF $12,672 FOR ANY UNFORESEEN CHANGES, AND AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT WHEREAS, on March 26, 2015, the Engineering Department publicly opened, examined, and declared six (6) sealed bids for the Grove Street Drainage Enhancements Project; and WHEREAS, Crest Equipment, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $50,688; and WHEREAS, a 25% contingency amount up to $12,672 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City awards the contract for the Grove Street Drainage Enhancements Project to the lowest responsive, responsible bidder, to wit: CREST EQUIPMENT, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $50,688 with Crest Equipment, Inc., for the Grove Street Drainage Enhancements Project. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 25% contingency amount up to $12,672 for unforeseen changes to the Project. PASSED and ADOPTED this 21st day of April, 2015. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor CC/CDC-HA Agenda 4/21/2015 — Page 120 The following page(s) contain the backup material for Agenda Item: Warrant Register #36 for the period of 02/25/15 through 03/03/15 in the amount of $3,837,128.96 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #36 for the period of 02/25/15 through 03/03/15 in the amount of $3,837,128.96 (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 DEPARTMENT: Finance/ APPROVED BY: 4 46, EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 02/25/15 through 03/03/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor Check/Wire City of San Diego Health Net Inc Kaiser Foundation Mile of Cars Association City of National City Public Emp Ret System 316409 316445 316452 316470 94031 2272015 Amount 1,292,322.68 65,041.98 176,066.88 81,010.01 155,407.00 319,823.64 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $3,837,128.96 Explanation Transportation/ Treatment of Sewer Insurance R112A — March 2015 Kaiser Ins Active — March 2015 Special Assessmnt Apportionments ROPS 15A Admin Allowance Costs Ins Service Period 2/3/15-2/16/15 APPROVED: %%/Tnance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'Ratification of warrants in the amount of $3,837,128.96 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #36 PAYEE JERAULDS CAR CARE CENTER STAPLES ADVANTAGE ACEDO, I ALLEN, R AMEDEE, W ANDERSON, E ANDREWS, J BAXTER'S FRAME WORKS BEARD, P BECK, L BEST BEST & KRIEGER ATTNY LAW BISHOP, L BOEGLER, C BOYD JR, P CAPF CAL UNIFORMS INC CALIFORNIA LAW ENFORCEMENT CAMEON, C CARRILLO, R CEB CITY OF SAN DIEGO COLE, L COMMERCIAL AQUATICS CONDON, D COOPER'S PLUMBING & HEATING CORPUZ, T COUNTY OF SAN DIEGO CSULB FOUNDATION CSULB FOUNDATION DANESHFAR, Z DANIELS TIRE SERVICE DELTA DENTAL INSURANCE CO DESROCHERS, P DI CERCHIO, A DIGITAL COMBUSTION INC DILLARD, S DREDGE, J EDWARD PROFESSIONAL ADVISORS EISER III, G ESPIRITU, D ESPIRITU, D EVISTA ENVIRONMENTAL FABINSK!, D FEDEX FIRE ETC GELSKEY, K GIBBS JR, R GRAI NGER GRASS ROOTS PRESS GREEN VALLEY RANCH RESORT WARRANT REGISTER #36 3/3/2015 DESCRIPTION R & M CITY VEHICLES AS NEEDED MOP 45704. OFFICE SUPPLIES / FIRE RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 REIMB - MAINTAIN DON'T GAIN CHALLENGE RETIREE HEALTH BENEFITS / MAR 2015 SUBSISTENCE: FIELD EVIDENCE TECH COURSE 17" NATIONAL CITY POLICE DEPARTMENT FRAME RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 LEGAL / PROFESSION SERVICES RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 FIRE LTD - MAR 2015 TACT SQUAD 100% POLY LIGHT PD LTD - MARCH 2015 SUBSISTENCE: SHERMAN BLOCK COURSE / PD RETIREE HEALTH BENEFITS / MAR 2015 CA GOVERNMENT PORT LIABILITY TRANSPORTATION AND TREATMENT OF SEWER RETIREE HEALTH BENEFITS / MAR 2015 TRAINING: POOL OPERATOR / PW RETIREE HEALTH BENEFITS / MAR 2015 CITY-WIDE PLUMBING SERVICES RETIREE HEALTH BENEFITS / MAR 2015 SHARE OF PC REVENUE - JAN 15 FIELD EVIDENCE TECHNICIAN COURSE/ANDREWS FIELD EVIDENCE TECHNICIAN COURSE/MATHEWS RETIREE HEALTH BENEFITS / MAR 2015 TIRES FOR CITY FLEET PM! DENTAL INS - MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 FIRE STUDIO 3.0/3.6 TO FIRE STUDIO 5.0 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 WORKSHOP FEES: POST TEAM BLDG / PD RETIREE HEALTH BENEFITS / MAR 2015 REIMB - MEMBERSHIP FEES REIMB - EXECUTIVE DEV COURSE EMERGENCY SERVICES MOLD ASSESSMENT RETIREE HEALTH BENEFITS / MAR 2015 2-831-11504/2-902-31461 PACKAGE CAIRNS 880 BLACK FIRE HELMET W/GOGGLE RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 MOP 65179. SUPPLIES FOR PARKS DEPT BOOKS FOR THE LITERACY COLLECTION INTASSOCIATION OF FIRE CHIEFS CONFERENCE 1/3 CHK NO DATE AMOUNT 316389 2/26/15 1,504.57 316390 3/3/15 695.32 316391 3/3115 160.00 316392 3/3/15 125.00 316393 3/3/15 45.00 316394 3/3/15 110.00 316395 3/3/15 1,280.00 316396 3/3/15 458.87 316397 3/3/15 70.00 316398 3/3/15 140.00 316399 3/3/15 1,465.65 316400 3/3/15 110.00 316401 3/3/15 260.00 316402 3/3/15 145.00 316403 3/3/15 560.00 316404 3/3/15 408.87 316405 3/3/15 1,960.00 316406 3/3/15 384.00 316407 3/3/15 290.00 316408 3/3/15 207.62 316409 3/3/15 1,292,322.68 316410 3/3/15 165.00 316411 3/3/15 425.00 316412 3/3/15 280.00 316413 3/3/15 510.00 316414 3/3/15 140.00 316415 3/3/15 8,569.00 316416 3/3/15 692.00 316417 3/3/15 692.00 316418 3/3/15 250.00 316419 3/3/15 4,119.70 316420 3/3/15 2,800.38 316421 3/3/15 110.00 316422 3/3/15 70.00 316423 3/3/15 587.26 316424 3/3/15 480.00 316425 3/3/15 250.00 316427 3/3/15 5,550.00 316428 3/3/15 250.00 316429 3/3/15 125.00 316430 3/3/15 80.00 316431 3/3/15 1,998.00 316432 3/3/15 220.00 316433 3/3/15 99.64 316434 3/3/15 2,953.57 316435 3/3/15 115.00 316436 3/3/15 120.00 316437 3/3/15 562.28 316438 3/3/15 460.70 316439 3/3/15 1,627.20 PAYEE GUNDERT, M HANSON, E HEALTH NET HEALTH NET HEALTH NET INC HODGES, B HONDO, E HONEYWELL INTERNATIONAL INC INTEGRITY HOME IMPROVEMENTS JAMES, R JUNIEL, R KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KONE KONICA MINOLTA LANDA, A LEAGUE OF CALIFORNIA CITIES LEAGUE OF CALIFORNIA CITIES LEFORTS SMALL ENGINE REPAIR LIFELOC TECHNOLOGIES LIMFUECO, M MALDONADO, J MATIENZO, M MC CABE, T MEDINA, R MF ATHLETIC MILE OF CARS ASSOCIATION MINER, D MORRISON, R MUNISERVICES LLC MYERS, B NATIONAL CITY CHAMBER MATTHEWS, N NOSAL, W NOTEWARE, D OCHOA, PALMER CAP CHUR EQUIP INC PAUU JR, P PE, R PEASE JR, D PETERS, S POST, R POTTER, C PRO BUILD RAY, S RED WING SHOES STORE RELIANCE STANDARD WARRANT REGISTER #36 3/3/2015 DESCRIPTION RETIREE HEALTH BENEFITS FEB 2015 RETIREE HEALTH BENEFITS / MAR 2015 NETWORK 57135A - MAR 2015 HEALTHNET INS N5992A - MAR 2015 INSURANCE R1192A MARCH 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 CITY-WIDE HVAC MAINTENANCE REIMB - BUSINESS LICENSE DUP PAYMENT RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 KAISER INS ACTIVE - MARCH 2015 RETIREES INS - MARCH 2015 H S A INS - MARCH 2015 INS ACTIVE -ADJUSTMENTS GRP#104220-0002 RETIREE HEALTH BENEFITS / MAR 2015 CITY-WIDE FI EVATOR MAINTENANCE/REPAIRS COPIER EQUIPMENT LEASE RETIREE HEALTH BENEFITS / MAR 2015 LUNCHEON MEETINGS / CITY MANAGER MEMBERSHIP DUES / CITY MANAGER LABOR AND SERVICE - ENGINE OIL CHANGE DRY GAS, 34L, 100 STANDARD RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 PB ELITE MOLDED FOAM ROLLERS SPECIAL ASSESSMENT APPORTIONMENTS RETIREE HEALTH BENEFITS / MAR 2015 REIM / FRAMES & CERTIFICATES SALES TAX - DISTRICT TAX AUDIT RETIREE HEALTH BENEFITS / MAR 2015 NC TOURISM MARKETING FEE - DEC 2014 SUBSISTENCE: FIELD EVIDENCE TECHNICIAN RETIREMENT SETTLEMENT I MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 CAP-CHUR CHARGES 1 CC THRU 3CC RETIREE HEALTH BENEFITS / MAR 2015 REIMB: APA NATIONAL PLANNING CONFERENCE RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 RETIREE HEALTH BENEFITS / MAR 2015 MOP 45707 EARSOFT PLUGS - PD RETIREE HEALTH BENEFITS / MAR 2015 SAFETY BOOTS / GONZALEZ VOLUNTARY LIFE INS - MARCH 2015 2/3 CHK NO DATE AMOUNT 316440 3/3115 700.00 316441 3/3/15 135.00 316443 3/3/15 5,334.29 316444 3/3/15 543.45 316445 3/3/15 65,041.98 316446 3/3/15 200.00 316447 3/3/15 110.00 316448 3/3/15 29,496.25 316449 3/3/15 200.00 316450 3/3/15 140.00 316451 3/3/15 50.00 316452 3/3/15 176,066.88 316453 3/3/15 8,459.03 316454 3/3/15 4,052.24 316455 3/3/15 1,634.22 316456 3/3/15 300.00 316457 3/3/15 3,083.32 316458 3/3/15 540.77 316459 3/3/15 155.00 316460 3/3/15 810.00 316461 3/3/15 600.00 316462 3/3/15 300.00 316463 313/15 238.01 316464 3/3/15 160.00 316465 3/3/15 130.00 316466 3/3/15 100.00 316467 3/3/15 280.00 316468 3/3/15 105.00 316469 3/3/15 1,977.81 316470 3/3/15 81,010.01 316471 3/3/15 580.00 316472 3/3/15 97.19 316473 3/3/15 26.00 316474 3/3/15 140.00 316475 3/3/15 20,127.79 316476 3/3/15 1,280.00 316477 3/3/15 1,217.74 316478 3/3/15 120.00 316479 3/3/15 125.00 316480 3/3/15 84.00 316481 3/3/15 340.00 316482 3/3/15 312.75 316483 3/3/15 140.00 316484 3/3/15 290.00 316485 3/3/15 280.00 316486 3/3/15 150.00 316487 3/3/15 66.29 316488 3/3/15 190.00 316489 3/3/15 250.00 316490 3/3/15 3,045.63 3/3 WARRANT REGISTER #36 3/3/2015 PAYEE DESCRIPTION CHK NO DATE AMOUNT ROARK, L RETIREE HEALTH BENEFITS / MAR 2015 316491 3/3/15 135.00 ROE, V RETIREE HEALTH BENEFITS / MAR 2015 316492 3/3/15 120.00 RUIZ, J RETIREE HEALTH BENEFITS / MAR 2015 316493 3/3/15 310.00 SAN DIEGO COUNTY RECORDER FEE FOR SUBSTITUTION OF TRUSTEE 316494 3/3/15 39.00 SAN DIEGO MIRAMAR COLLEGE TUITION: BASIC SUPERVISORY COURSE 316495 3/3/15 138.00 SDCMOA ANNUAL LAW ENFORCEMENT BREAKFAST 316496 3/3/15 100.00 SDG&E FACILITIES DIVISION GAS & ELECTRIC UTILITIES 316497 3/3/15 434.97 SERVATIUS, J RETIREE HEALTH BENEFITS / MAR 2015 316498 3/3/15 340.00 SHORT, C RETIREE HEALTH BENEFITS / MAR 2015 316499 3/3/15 300.00 SMITH, J RETIREE HEALTH BENEFITS / MAR 2015 316500 3/3/15 320.00 STRASEN, W RETIREE HEALTH BENEFITS / MAR 2015 316501 3/3/15 135.00 SUNSET STATION HOTEL INT ASSOCIATION OF FIRE CHIEFS CONFERENCE 316502 3/3/15 440.65 SWEETWATER AUTHORITY FACILITIES DIVISION WATER BILL FOR FY 316503 3/3/15 8,489.65 TELLEZ, J REIMB - EXECUTIVE DEV COURSE / PD 316504 3/3/15 80.00 THE LINCOLN NATIONAL LIFE INS LIFE & AD&D, STD, LTD INS MAR 2015 316505 3/3/15 8,216.02 TIPTON, B RETIREE HEALTH BENEFITS / MAR 2015 316506 3/3/15 250.00 TRANE US INC CITY-WIDE HVAC SERVICES AND REPAIRS 316507 3/3/15 421.89 TRIVIZ, R RETIREE HEALTH BENEFITS / MAR 2015 316508 3/3/15 135.00 U S HEALTHWORKS PRE EMPLOYMENT PHYSICALS / HR 316509 3/3/15 636.00 URIAS, N RETIREE HEALTH BENEFITS / MAR 2015 316510 3/3/15 125.00 VERRY, L RETIREE HEALTH BENEFITS / MAR 2015 316511 3/3/15 280.00 VILLAGOMEZ, J RETIREE HEALTH BENEFITS / MAR 2015 316512 3/3/15 480.00 WHITE, J RETIREE HEALTH BENEFITS / MAR 2015 316513 3/3/15 230.00 ZENGOTA, V RETIREE HEALTH BENEFITS / MAR 2015 316514 3/3/15 300.00 ZIETLOW, D RETIREE HEALTH BENEFITS / MAR 2015 316515 3/3/15 150.00 WIRED PAYMENTS CITY OF NATIONAL CITY PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period 5 ROPS 15A ADMIN ALLOWANCE COSTS SERVICE PERIOD 02/03/15 - 02/16/15 Start Date End Date 2/25/2015 3/3/2015 Start Date End Date Check Date 2/17/2015 3/2/2015 3/11 /2015 A►P Total 1,770,426.14 94031 2/25/15 155,407.00 2272015 2/27/15 319,823.64 735,505.11 855,967.07 GRAND TOTAL $ 3,837,128.96 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. Z/4" MARK 1 OBERS; FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALI) J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 21st OF APRIL, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 4/21/2015 — Page 126 The following page(s) contain the backup material for Agenda Item: Warrant Register #37 for the period of 03/04/15 through 03/10/15 in the amount of $795,109.86 (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Warrant Register #37 for the period of 03/04/15 through 03/10/15 in the amount of $795,109.86 (Finance) PREPARED BY: K. Apalategui PHONE: !619-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 03/04/15 through 03/10/15. Consistent with Department of Finance practice, listed below are all payments above $50,000. Vendor EC Constructors Inc Kimley Horn and Assoc STC Traffic Inc Check/Wire 316554 316578 316613 FINANCIAL STATEMENT: ACCOUNT NO. Reimbursement total $795,109.86 Amount 223,675.13 190,934.63 87,473.33 DEPARTMENT: Finance 9 _ APPROVED BY: Explanation National City Aquatic Cntr Project Paradise Creek Rest Project Kimball Park Project APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 'Ratification of warrants in the amount of $795,109.86 BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #37 PAYEE ACME SAFETY & SUPPLY CORP ALDEMCO ALL FRESH PRODUCTS ARCO GASPRO PLUS AT&T MCI AT&T MCI AT&T MOBILITY ATKINS NORTH AMERICA INC AUSTIN DOORS AZTEC APPLIANCE BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BURKE WILLIAMS & SORENSEN LLP CA DEP OF PUBLIC HEALTH CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ASSOCIATION OF CODE CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CBM SERVICES INC CHILDREN'S HOSPITAL CITY CLERKS ASSOCIATION OF CA CLAIMS MANAGEMENT ASSOCIATES COMMERCIAL AQUATICS COX COMMUNICATIONS CPOA CULLIGAN CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO D-MAX ENGINEERING DOKKEN ENGINEERING EC CONSTRUCTORS INC ENTERPRISE FLEET MANAGEMENT EXPERIAN FEDEX FERGUSON ENTERPRISES INC GOLDEN WEST COLLEGE GONZALEZ, M GORMSEN APPLIANCE CO GRAINGER GRANICUS INC H M PITT LABS INC HARRIS & ASSOCIATES INC HEALTH & HUMAN HEALTH NET WARRANT REGISTER #37 3/10/2015 DESCRIPTION 3- REFACE SIGNS -RUSH CONSUMABLES FOR NUTRITION FOOD & CONSUMABLES / NUTRITION FUEL FOR CITY FLEET AT&T PHONE SERVICE / 1/13/15 - 2/12/15 AT&T PHONE SERVICE / 2/13/15-3/12-15 ATT/CINGULAR WIRELESS / 1/6/15-2/5/15 NC FY 2016 SEWER SERVICES CITY-WIDE ROLL UP DOORS SERVICE CITY-WIDE APPLIANCE PURCHASES FOR FY MOP 67727 METAL NAME TAGS - PD MOP#64096 WEARING APPAREL NEGOTIATIONS LEAD CERIFICATION RENEWAL-G IBARRA BEST PRACTICES IN CODE ENFORCEMENT-SOSA BEST PRACTICES IN CODE ENFORCEMENT-OLSON MOP#45754 BUILDING MATERIALS MOP#45698 ELEC. MATERIALS LIBRARY UPGRADES SAFE ROUTES SCHOOL CYCLE 3 MEMBERSHIP DUES - M DALLA LIABILITY CLAIM SERVICES / RISK POOL SERVICE & REPAIRS COX INTERNET SERVICES FY15 KEYNOTE LUNCHEON-D. ESPIRITU/M. RODRIGUEZ WATER SOFTNER FOR DISHWASHER RISK MGMNT CONSULTANT SERVICES LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS LIABILITY CLAIM COSTS MOP#76986 TIRES DENTAL INS PREMIER - MAR 2015 COBRA DENTAL INS - JAN 2015 COBRA DENTAL INS - JAN 2015 STORM WATER SERVICES PLAZA BLVD PS&E NATIONAL CITY AQUATIC CTR PROJECT ENTERPRISE FLEET & MAINT CREDIT CHECKS / POLICE DEPARTMENT PACKAGE DELIVERY MOP#45723 PLUMBING MATERIALS COMMUNICATION TRAINING -KAYLEIGH WARNE REFUND FOR WAGE GARNISHMENT CITY-WIDE APPLIANCE PURCHASES, REPAIRS MOP#65179 SHOP SUPPLIES GRANICUS WEBCASTING TESTING FOR ASBESTOS NATIONAL CITY -ADA EMPLOYEE ASSISTANCE PROGRAM - MAR 2015 INS FOR R11924 - JAN 2015 1/3 CHK NO DATE AMOUNT 316516 3/10/15 329.45 316517 3/10/15 3,355.65 316518 3/10/15 1,426.95 316519 3/10/15 24,505.03 316520 3/10/15 7,619.75 316521 3/10/15 140.48 316522 3/10/15 2,648.84 316523 3/10/15 472.50 316524 3/10/15 2,979.35 316525 3/10/15 300.24 316526 3/10/15 51.84 316527 3/10/15 462.47 316528 3/10/15 57.00 316529 3/10/15 225.00 316530 3/10/15 50.00 316531 3/10/15 50.00 316532 3/10/15 177.50 316533 3/10/15 65.00 316534 3/10/15 8,736.55 316535 3/10/15 41,320.88 316536 3/10/15 170.00 316537 3/10/15 2,293.30 316538 3/10/15 2,112.51 316539 3/10/15 82.65 316540 3/10/15 100.00 316541 3/10/15 8.00 316542 3/10/15 2,470.00 316543 3/10/15 12,937.34 316544 3/10/15 3,313.80 316545 3/10/15 677.57 316546 3/10/15 472.50 316547 3/10/15 282.80 316548 3/10/15 43.10 316549 3/10/15 15,337.66 316550 3/10/15 231.54 316551 3/10/15 33.00 316552 3/10/15 6,971.96 316553 3/10/15 2,405.67 316554 3/10/15 223,675.13 316555 3/10/15 5,903.41 316556 3/10/15 58.20 316557 3/10/15 101.63 316558 3/10/15 161.60 316559 3/10/15 104.50 316560 3/10/15 61.00 316561 3/10/15 140.00 316562 3/10/15 1,112.01 316563 3/10/15 1,477.35 316564 3/10/15 30.00 316565 3/10/15 6,311.15 316566 3/10/15 762,54 316567 3/10/15 1,667.97 PAYEE HEALTH NET THE HOME DEPOT CREDIT SERVICES HONEYWELL INTERNATIONAL INC HUNTERS NURSERY INC INNOVATIVE CONSTRUCTION JERAULDS CAR CARE CENTER JJJ ENTERPRISES JUST FRAME IT KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLEY HORN AND ASSOC INC KONE LASER SAVER INC LEARNING EXPRESS LOVE, R MAINTEX INC MCDOUGAL LOVE ECKIS METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MUNICIPAL MAINTENANCE EQUIP NAPA AUTO PARTS NATIONAL CITY CAR WASH NINYO & MOORE ORKIN PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY QUICK START INTELLIGENCE RAULSTON, B ROMERO'S ROOFING SERVICE INC RON BAKER CHEVROLET S D COUNTY SHERIFF'S DEPT SAFDIE RABINES ARCHITECTS SAM'S ALIGNMENT SERVICE SAN DIEGO DAILY TRANSCRIPT SAN DIEGO GAS & ELECTRIC SEAPORT MEAT COMPANY SMART & FINAL SOUTH BAY WINDOW & GLASS CO SPIERING, R STAPLES ADVANTAGE STC TRAFFIC INC SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE LIGHTHOUSE INC THOMSON WEST TOPECO PRODUCTS TORREY PINES BANK WARRANT REGISTER #37 3/10/2015 DESCRIPTION HEALTH NET INS - FEB 2015 MICROWAVE BLOWER BELT MOP#457129 HORTICULTURAL ITEMS A AVE GREEN ST IMPROVE R & M CITY VEHICLES AS NEEDED FOR FY CITY-WIDE ALARM MONITORING 2- WOOD FRAMES FOR 2 PROCLAMATIONS RETIREES INS - MARCH 2015 RETIREES INS COBRA - JAN 2015 PARADISE CREEK REST PROJECT ELEVATOR MAINTENANCE FOR LIBRARY MOP 45725 TONER CARTRIDGE - FIRE LEARNING EXPRESS LIBRARY ONLINE REIMB: ADVANCE DISPATCHER UPDATE CITY-WIDE JANITORIAL SUPPLIES LIABILITY CLAIM COSTS MOP#75943 AUTOMOTIVE PARTS ANNUAL FIRE EXTINGUISHER SYSTEM BROOM DISC MOP 45735. SUPPLIES FOR PARKS DEPT MOP372454 AUTOMOTIVE EQUIP AQUATIC CENTER CITY-WIDE PEST MAINTENANCE AS NEEDED PACIFIC TELEMANAGEMENT PAY PHONE JANITORIAL SUPPLIES R & M CITY VEHICLES AS NEEDED FOR FY MOP#67839 AUTO EQUIPMENT MOP#345742 BUILDING MATERIALS KNIFE SHARPENING SERVICES MOP#45742 LAUNDRY SERVICES ACTIVE DIRECTORY SERVICES W/ WINDOWS REIMB: AMERICAN PLANNING CONFERENCE SHAKE ROOF TARP COVERS © KIMBALL PARK MOP#45751 AUTO EQUIPMENT SHERIFF'S RANGE USE / POLICE NATIONAL CITY AQUATIC CENTER MOP#72442 AUTO EQUIPMENT ADVERTISING: PARADISE VALLEY ROAD PROJECT GAS & ELECTRIC FOR NUTRITION CENTER MEATS / NUTRITION CENTER MOP 45756. SUPPLIES / MYR DEPT CITY-WIDE WINDOW/DOOR/MIRROR RETURNED PORTION OF DIRECT DEPOSIT MOP 45704 OFFICE SUPPLIES - PURCHASING KIMBALL PARK PROJECT CONSUMABLES / NUTRITION CENTER MOP#76666 TRAFFIC CONTROL MOP#45726 AUTO PARTS ONLINE LEGAL RESEARCH / CITY ATTORNEY MOP#63849 SMALL TOOLS NATIONAL CITY AQUATIC CTR 2/3 CHK NO DATE AMOUNT 316568 3/10/15 944.30 316569 3/10/15 643.68 316570 3/10/15 960.28 316571 3/10/15 321.55 316572 3/10/15 4,345.00 316573 3/10/15 755.25 316574 3/10/15 679.60 316575 3/10/15 527.56 316576 3/10/15 23,105.70 316577 3/10/15 468.25 316578 3/10/15 190,934.63 316579 3/10/15 1,556.01 316580 3/10/15 340.96 316581 3/10/15 7,900.00 316582 3/10/15 199.88 316583 3/10/15 328.09 316584 3/10/15 455.00 316585 3/10/15 7.76 316586 3/10/15 130.69 316587 3/10/15 2,241.07 316588 3/10/15 157.78 316589 3/10/15 300.96 316590 3/10/15 1,444.25 316591 3/10/15 403.39 316592 3/10/15 228.00 316593 3/10/15 658.07 316594 3/10/15 3,590.72 316595 3/10/15 86.11 316596 3/10115 4,510.20 316597 3/10/15 46.00 316598 3/10/15 736.13 316599 3/10/15 8,160.60 316600 3/10/15 887.13 316601 3/10/15 2,100.00 316602 3/10/15 89.95 316603 3/10/15 400.00 316604 3/10/15 15,466.21 316605 3/10/15 133.85 316606 3/10/15 917.40 316607 3/10/15 2,005.97 316608 3/10/15 1,565.40 316609 3/10/15 37.46 316610 3/10/15 760.23 316611 3/10/15 100.00 316612 3/10/15 798.89 316613 3/10/15 87,473.33 316614 3/10/15 4,125.75 316615 3/10/15 795.77 316616 3/10/15 366.61 316617 3/10/15 762.72 316618 3/10/15 124.71 316619 3/10/15 11,772.38 PAYEE TURNER'S PORTABLE WELDING USBANK UNITED ROTARY BRUSH CORP URS CORPORATION VALLEY INDUSTRIAL SPECIALTIES VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS VISTA PAINT WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY NATIONAL CONSTRUCTION RENTALS POWER PLUS SDG&E SWEETWATER AUTHORITY WIRED PAYMENTS THE BANK OF NEW YORK MELLON WARRANT REGISTER #37 3/10/2015 DESCRIPTION MATERIALS FOR NC REPAIR STATION CREDIT CARD EXP - FIRE MOP#62683 AUTO PARTS KIMBALL MORGAN NUTR CTR MOP#46453 PLUMBING MATERIALS STRAY ANIMAL VET CARE / POLICE VERIZON WIRELESS / 1/22/15 - 2/21/15 MOP#68834 TRAFFIC SUPPLIES CLEAR INVESTIGATIVE DATABASES / PD MOP 45763. ELECTRICAL SUPPLIES / MIS REPAIR FENCE AT 1640 E PLAZA BLVD / S A EQUIPMENT RENTAL / S A GAS & ELECTRIC UTILITIES SERVICES /SA WATER UTILITES / S A 1999 TAB ADMINISTRATION FEE GRAND TOTAL 3/3 CHK NO DATE AMOUNT 316620 3/10/15 904.70 316621 3/10/15 4,963.49 316622 3/10/15 328.70 316623 3/10/15 840.00 316624 3/10/15 266.97 316625 3/10/15 655.25 316626 3/10/15 7,414.11 316627 3/10/15 515.02 316628 3/10/15 464.21 316629 3/10/15 1,406.77 316630 3/10/15 466.96 316631 3/10/15 195.00 316632 3/10/15 273.64 316633 3/10/15 45.44 MP Total 793,095.86 111324 3/4/15 2,014.00 $ 795,109.86 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW, MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN JERRY CANO, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER ALBERT MENDIVIL, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 21" OF APRIL, 2015. AYES NAYS ABSENT CC/CDC-HA Agenda 4/21/2015 — Page 132 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended February 28, 2015. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Investment transactions for the month ended February 28, 2015. PREPARED BY: Ronald Gutlay PHONE: 619-336-4346 DEPARTMENT: Finance APPROVED BY: EXPLANATION: In accordance with California Government Code section 53646 and City of National City's investment policy section XIIA, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending February 28, 2015. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended February 28, 2015. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger Ak%, City of National City Consolidated Account #10218 Transaction Ledger 1/31/15 Thru 2/28/15 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase Purchase Purchase Purchase Purchase Purchase Purchase Purchase 02/03/2015 60934N807 02/08/2015 60934N807 02/09/2015 60934N807 02/09/2015 60934N807 02/15/2015 60934N807 02/17/2015 60934N807 02/25/2015 60934N807 02/27/2015 3137EADP1 2.71 Federated Govt Oblig Fund Inst. 2,581.25 Federated Govt Oblig Fund Inst. 8,050.00 Federated Govt Oblig Fund Inst. 560,000.00 Federated Govt Oblig Fund Inst. 1,587.50 Federated Govt Oblig Fund Inst. 1,168.75 Federated Govt Oblig Fund Inst. 5,750.00 Federated Govt Oblig Fund Inst. 400,000.00 FHLMC Note 0.875% Due 3/7/2018 Purchase 02/27/2015 60934N807 3,000.00 Federated Govt Oblig Fund Inst. Purchase 02/27/2015 60934N807 600,000.00 Federated Govt Oblig Fund Inst. Purchase 02/27/2015 912828VK3 400,000.00 US Treasury Note 1.375% Due 6/30/2018 Purchase 02/28/2015 60934N807 5,234.38 Federated Govt Oblig Fund Inst. Subtotal Security 02/12/2015 90LAIF$00 Contribution Subtotal 1,987,374.59 4,000,000.00 Local Agency Investment Fund State Pool 4,000,000.00 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 1.000 0.01 % 99.388 1.08 % 2.71 2,581.25 8,050.00 560,000.00 1,587.50 1,168.75 5,750.00 397,552.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1,652.78 2.71 2,581.25 8,050.00 560,000.00 1,587.50 1,168.75 5,750.00 399,204.78 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.000 0.01 % 3,000.00 0.00 3,000.00 0.00 1.000 0.01 % 600,000.00 0.00 600,000.00 0.00 100.739 1.15 % 402,954.47 881.22 403,835.69 0.00 1.000 0.01 % 5,234.38 0.00 5,234.38 0.00 1,987,881.06 2,534.00 1,990,415.06 0.00 1.000 4,000,000.00 0.00 4,000,000.00 0.00 4,000,000.00 0.00 4,000,000.00 0.00 TOTAL ACQUISITIONS 5,987,374.59 5,987,881.06 2,534.00 5,990,415.06 0.00 DISPOSITIONS Sale Call Maturity 02/27/2015 60934N807 Subtotal 02/27/2015 3135G0UY7 Subtotal 02/09/2015 3137EACH0 Subtotal 803,040.47 Federated Govt Oblig Fund Inst. 803,040.47 600,000.00 FNMA Callable Note 1X 2/27/15 1% Due 2/27/2017 600,000.00 560,000.00 FHLMC Note 2.875% Due 2/9/2015 560,000.00 1.000 0.01 % 803,040.47 0.00 803,040.47 0.00 803,040.47 0.00 803,040.47 0.00 100.000 1.00 % 600,000.00 0.00 600,000.00 -5,766.00 600,000.00 0.00 600,000.00 -5,766.00 100.000 560,000.00 0.00 560,000.00 -38,380.16 560,000.00 0.00 560,000.00 -38,380.16 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 3/24/2015 8:56:04 AM Ak%, City of National City Consolidated Account #10218 Transaction Ledger 1/31/15 Thru 2/28/15 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Security Withdrawal Security Withdrawal 02/05/2015 60934N807 02/28/2015 90SDCP$00 Subtotal 1,016.00 Federated Govt Oblig Fund Inst. 1.000 16,000.00 County of San Diego Pooled Investment 1.000 Pool 17,016.00 1,016.00 16,000.00 17,016.00 0.00 1,016.00 0.00 0.00 16,000.00 0.00 0.00 17,016.00 0.00 TOTAL DISPOSITIONS 1,980,056.47 1,980,056.47 0.00 1,980,056.47 -44,146.16 OTHER TRANSACTIONS Interest 02/08/2015 3135G0TG8 Interest 02/09/2015 3137EACHO Interest 02/15/2015 912828TK6 Interest 02/15/2015 912828UM0 Interest 02/17/2015 3133EADW5 Interest 02/18/2015 3136FPAB3 Interest 02/25/2015 3137EACW7 Interest 02/27/2015 3135G0UY7 Interest 02/28/2015 3135G0MZ3 Interest 02/28/2015 912828RF9 Subtotal Dividend 02/03/2015 60934N807 590,000.00 FNMA Note 0.000 2,581.25 0.875% Due 2/8/2018 560,000.00 FHLMC Note 0.000 8,050.00 2.875% Due 2/9/2015 520,000.00 US Treasury Note 0.000 650.00 0.25% Due 8/15/2015 500,000.00 US Treasury Note 0.000 937.50 0.375% Due 2/15/2016 425,000.00 FFCB Note 0.000 1,168.75 0.55% Due 8/17/2015 500,000.00 FNMA Callable Note 1X 2/18/2011 0.000 5,000.00 2% Due 8/18/2015 575,000.00 FHLMC Note 0.000 5,750.00 2% Due 8/25/2016 600,000.00 FNMA Callable Note 1X 2/27/15 0.000 3,000.00 1% Due 2/27/2017 545,000.00 FNMA Note 0.000 2,384.38 0.875% Due 8/28/2017 570,000.00 US Treasury Note 0.000 2,850.00 1% Due 8/31/2016 5,385,000.00 298,967.38 Federated Govt Oblig Fund Inst. 0.000 32,371.88 0.00 2,581.25 0.00 0.00 8,050.00 0.00 0.00 650.00 0.00 0.00 937.50 0.00 0.00 1,168.75 0.00 0.00 5,000.00 0.00 0.00 5,750.00 0.00 0.00 3,000.00 0.00 0.00 2,384.38 0.00 0.00 2,850.00 0.00 0.00 32,371.88 0.00 2.71 0.00 2.71 0.00 Subtotal 298,967.38 2.71 0.00 2.71 0.00 TOTAL OTHER TRANSACTIONS 5,683,967.38 32,374.59 0.00 32,374.59 0.00 Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 3/24/2015 8:56:04 AM CC/CDC-HA Agenda 4/21/2015 — Page 136 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City rescinding Resolution No. 2014-91 and approving and adopting the annual appropriation limit for Fiscal Year 2015 of $50,812,544. (Finance) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City rescinding resolution no. 2014-91 and approving and adopting the annual appropriation limit for Fiscal Year 2015 of $50,812,544. PREPARED BY: Mark Roberts DEPARTMENT: Finance PHONE: 619-336-4265 APPROVED BY: EXPLANATION: State law requires the governing body of each local jurisdiction to establish its appropriation limit, also known as the Gann Limit, by resolution each year. The Gann Limit sets a cap on the amount of local government spending that may be financed from proceeds of taxes. The annual Gann limit is based on the previous year's appropriation limit multiplied by the percentage change in the population of the local jurisdiction's county and the percentage change in California per capita income. Based on information provided by the State Department of Finance, the following percentage changes are used in setting the Fiscal Year 2015 appropriation limit: California per Capita Personal Income -0.23% San Diego County Population 1.23% The previous Fiscal Year 2015 appropriation limit formula erroneously used a Change in California per Capita Personal Income of +0.72%, resulting in a calculated appropriation limit of $51,442,646. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There is no impact on the City's appropriations, as the adopted General Fund appropriation, including transfers, for Fiscal Year 2015 totals $47,307,647. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution amending the City's Fiscal Year 2015 appropriation limit to $50,812,544. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Resolution RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RESCINDING RESOLUTION NO. 2014-91, AND APPROVING AND ADOPTING THE ANNUAL APPROPRIATION LIMIT OF $50,812,544 FOR FISCAL YEAR 2015 WHEREAS, State law requires the governing body of each local jurisdiction to establish its appropriation limit, also known as the Gann Limit, by resolution each year, which sets a cap on the amount of local government spending that may be financed from proceeds of taxes; and WHEREAS, the annual Gann limit is based on the previous year's appropriation limit multiplied by the percentage change in the population of the local jurisdiction's county and the percentage change in California per capita income; and WHEREAS, based on information provided by the State Department of Finance, the following percentage changes are used in setting the Fiscal Year 2015 appropriation limit: California per Capita Personal Income San Diego County Population - 0.23% 1.23% WHEREAS, in Resolution 2014-91, the Fiscal Year 2015 appropriation limit formula erroneously used a Change in California per Capita Personal Income of +0.72%, resulting in a calculated appropriation limit of $51,442,646, which is now being rescinded by this Resolution. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby rescinds Resolution No. 2014-91 and adopts of the annual appropriation limit of $50,544 for Fiscal Year 2015. PASSED and ADOPTED this 21st day of April, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 4/21/2015 — Page 139 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City disaffirming a Planning Commission Interpretation of allowed uses in the Downtown Specific Plan Area and finding of consistency with the Downtown Specific Plan for a business located at 540 Natio CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Resonation of the City Council of the City of National City disaffirming a Planning Commission Interpretation of allowed uses in the Downtown Specific Plan Area and finding of consistency with the Downtown Specific Plan for a business located at 540 National City Blvd. (Case File No.: 2015-04 I). IY PREPARED BY: ,Martin Reeder, AICF DEPARTMENT: Plannin PHONE: '619-336-4313 APPROVED BY: EXPLANATION: The City Council held a public hearing at their meeting of April 7, 2015 and voted to disaffirm a Planning Commission interpretation related to permissible uses at a property located at 540 National City Blvd. The Council found that an adult day health care business was consistent with residential and visitor serving commercial uses in the Downtown Specific Plan area. The attached resolution is needed to take action on the item. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: N/A.1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AFTER AN APPEAL FROM A PLANNING COMMISSION INTERPRETATION, DISAFFIRMING THE PLANNING COMMISSION INTERPRETATION THAT ADULT DAY CARE WAS NOT CONSISTENT WITH THE ALLOWED USES IN THE DOWNTOWN SPECIFIC PLAN AREA, AND FINDING ADULT DAY CARE CONSISTENT WITH VISITOR AND RESIDENTIAL SERVING USES IN THE DOWNTOWN SPECIFIC PLAN DEVELOPMENT ZONE 1 B AT THE REQUEST OF A BUSINESS OWNER LOCATED AT 540 NATIONAL CITY BOULEVARD WHEREAS, the Planning Commission of the City of National City considered a request for an interpretation of allowed uses for a business located at 540 National City Boulevard, at a duly advertised public hearing held on March 16, 2015, at which time oral and documentary evidence was presented; and WHEREAS, the Planning Commission was requested to make an interpretation that adult day care was an allowed use in the Downtown Specific Plan Zone 1 B because it was consistent with residential and visitor serving commercial uses; and WHEREAS, the Planning Commission determined an adult day care was not consistent with residential and visitor serving commercial uses and was not consistent with the Downtown Specific Plan; and WHEREAS, a timely appeal was filed by the business owner who had requested the interpretation; and WHEREAS, the City Council considered the appeal from the Planning Commission interpretation of allowed uses for a business located at 540 National City Boulevard, at a duly advertised public hearing held on April 7, 2015, at which time oral and documentary evidence was presented; and WHEREAS, at said public hearing the City Council considered the staff report contained in Case File No. 2015-04, maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and WHEREAS, the City Council had the option to affirm, disaffirm or modify the Planning Commission interpretation; and WHEREAS, the City Council disaffirmed the interpretation by the Planning Commission (that the proposed use was inconsistent with the intent of residential and visitor serving commercial uses and is not consistent with the Downtown Specific Plan); and WHEREAS, the City Council found that the proposed use was consistent with the intent of residential and visitor serving commercial uses, and is consistent with the Downtown Specific Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the testimony and evidence presented to the City Council at the public hearing held on April 7, 2015, support the following findings: Resolution No. 2015 — Page Two 1. That an adult day care facility is consistent with the intent of residential and visitor serving commercial uses, because the use is in need among the growing downtown population, and both the population and the number of housing.units in the Downtown Specific Plan area is expected to increase in the future which increases the need for adult day care facilities. 2. That an adult day care facility is consistent with the Downtown Specific Plan because residential and visitor serving commercial uses are allowable use in Development Zone 1 B of the Downtown Specific Plan, and an adult day care use is similar to other permitted or encouraged uses defined in the Plan. BE IT FURTHER RESOLVED that this Resolution shall become effective, final, and conclusive on the day following the City Council meeting where this Resolution is adopted. The time within which judicial review of this decision may be sought is governed by the provisions of Code of Civil Procedures Section 1094.6. PASSED and ADOPTED this 21 st day of April, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 4/21/2015 — Page 143 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to -exceed amount of $1,495,899.00 to New Century Construction, Inc. for the D Avenue and E. 12th Street Roundabout Installation including War Memorial Architect CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: {April 21, 2015 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract in the not -to. exceed amount of $1,495,899.00 to New Century Construction, Inc. for the D Avenue and E. 12th Street Roundabout instaiiation including War Memorial Architectural Improvements, CIP No. 15-02; 2) authorizing a 15% contingency in the amount of $224,384.85 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing the appropriation of $200,000 in General Fund for Safe Routes to School grant match. PREPARED BY: Kuna IVIuthusamy DEPARTMENT: lEngineering/Public Works I PHONE: I336-43831 EXPLANATION: {See attached. AGENDA ITEM NO. APPROVED BY: FINANCIAL STATEMENT: APPROVED: 7; e Finance ACCOUNT NO. I APPROVED: MIS 323-409-500-598-6175 (12th & D Roundabout): $238,385.82 307-409-500-598-6035 (Resurface Streets): $857,513.18 307-409-500-598-6035 FY16 (Resurface Streets): $200,000.00 001-409-500-598-6166 (Safe Routes to School): $200,000.00 'ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: [Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution{ EXPLANATION The D Avenue and E. 12th Street Roundabout Improvements, GIP No. 15-02, will implement a traffic calming roundabout at 12th Street, curb extensions, pedestrian refuge islands, high -visibility crosswalks, landscaping, lighting enhancements, install sewer main and manholes, retaining walls and additional improvements to the Veterans Memorial Wall. On March 6, 2015, the bid solicitation was advertised in local newspapers. Additionaiiy, on March 9, 2015 the bid solicitation was posted on PlanetBids, a free public electronic bidding system for vendors. National City has subscribed to PlanetBids, effective March 2, 2015, to improve our bidding system for Capital Improvement Projects. This electronic bidding system has performed well to date. On March 26, 2015, six (6) bid were received electronically on PlanetBids by the 1:00 p.rn. deadline. Bid results were available immediately after the 1:00 p.m. deadline. New Century Construction, Inc. was the apparent low bidder with a total bid amount (Base Bid plus Additive Bid) of $1,495,899.00. Upon review of ail documents submitted and reference checks, New Century Construction, Inc.'s bid is responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. Attached are the bid opening results and a summary of the three lowest bidders for your information. Staff recommends awarding a contract in the not to exceed amount of $1,495,899.00 to New Century Construction, Inc. for the D Avenue and E. 12th Street Roundabout Improvements, CIP No. 15-02, and authorizing a 15% contingency in the amount of $224,384.85. DRitchcsemprautilities.com NAME: CIP NO: DATE: TIME: ESTIMATE: - * CAL1FORNIA.+-0= N: NA L. are xNC08Po11. 0S0 -1 BID OPENING RESULTS D AVENUE AND E. 12Tn STREET ROTTNDr D J vT IMPROVEMENTS 15-02 Thursday, MARCH 26, 2015 1:00 P.M. $1,304,500.00. PROJECT ENGINEER: Stephen Manganiello NO. BIDDER'S NAME BID AMOUNT ADDENDA Add. # 1 -BID -C - BOND 1. New Century Construction, Inc 9119 Emerald Grove Avenue Lakeside, CA 92040 $ 1,495,899.00 Yes Bond 2. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, California 92111 $ 1,496,404.00 Yes Bond 3. Just Construction, Inc. 3103 Market Street San Diego, CA 92102 $ 1,527,121.20 Yes Bond 4. Western Rim Constructors, Inc. 912 S Andreasen Dr., Suite 108 Escondido, CA 92029 $ 1,648,984.48 Yes Bond 5. Wier Construction Corporation 2255 Barham Drive Escondido, CA 92029 $ 1,871,198.00 Yes Bond 6. Southland Paving 361 N. Hale Avenue Escondido, CA 92029 $ 1,879,164.00 Yes Bond Bid Results for D /Avenue and E. 12th Street Roundabout Improvements, CIP No.15-02 New Century Construction, Inc. Blue Pacific Engineering & Construction Just Construction, Inc. Base Bid Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price Extension (Quantity x Unit Price Extension (Quantity x Unit Price) Unit Price) Unit Price) 1 Mobilization/Demobilization LS 1 $85,000.00 $85,000 00 $50,000.00 $50,000.00 $66,979.50 $66,979.50 2 Traffic Control LS 1 $20,000.00 $20,000 00 $60,000.00 $60,000.00 $19,260.00 $19,260.00 3 Water Pollution Control LS 1 $10,000.00 $10,000.00 $12,000.00 $12,000.00 $3,745.00 $3,745 00 4 Clearing and Grubbing LS 1 $25,000.00 _ $25,000 00 $80,000.00 $80,000.00 j $42,417.00 $42,417 00 5 Unclassified Excavation LS 1 $65,000.00 $65,000.00 $130,000.00 $130,000.00 $48,150.00 $48,150.00 6 Surveying LS 1 $8,000.00 $8,000.00 $12,000.00 $12,000.00 j $9,523.00 $9,523.00 7 4" Concrete Sidewalk Type per SDRSD G-7 SF 8300 $9.00 $74,700.00 $8.00 $66,400.00 $8.90 $73,870.00 8 Concrete Pedestrian Curb Ramp (All Types) EA 8 $2,500.00 $20,000.00 $2,500.00 $20,000.00], $3,210.00 $25,680 00 9 Type A Concrete Median Passageway w/ domes, per Caltrans A88A & B EA 3 $3,500.00 $10,500 00 $4,000.00 $12,000.00 $2,935.10 $8,805 30 10 Remove and Reconstrc:.ct Concrete Pedestrian Curb Ramp at West Leg of 12th Street and B Avenue (not shown on plans) EA 2 $3,500.00 $7,000.00 $2,500.00 $5,000 00 $3,691.50 $7,383.00 11 Remove and Reconstruct Concrete Pedestrian Curb Ramp at West Leg of 12th Street and C Avenue (not shown o:n plans) EA 2 $3,500.00 $7,000 00 $2,500.00 $5,000 00 $3,691.50 $7,383.00 12 Concrete Driveway (All Types) SF 950 $10.00 $9,500.00 $10.00 $9,500.00 $9.10 $8,645.00 13 Alley Apron per SDRSD G-17 SF 2550 $10.00 $25,500.00 $14.00 $35,700.00 $11.20 $28,560 00 14 Type B-1 Concrete Curb for Medians, per SDRSD G-6 LF 650 — $30.00 $19,500.00 —$24.00 $15,600.00 $24.60 $15,990 00 New Century Construction, Inc. Blue Pacific Engineering SE Construction Just Construction, Inc. Item No. Description Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x x Unit Price) Uriit Price Extension {Quantity x Unit Price) 15 6" Type G Concrete Curb & Gutter, per SDRSD G-2 LF 1335 $35.00 $46,725.00 $26.00 $34,710.00 $30.00 $40,050 00 16 Concrete Pavers per project specification 202 SF 250 $25.00 $6,250.00 $25.00 $6,250 00 $32.10 $8,025.00 17 Replace Monument Paving to Match Existing SF 600 $15.00 $9,000.00 $25.00 ;;15,000.00 $37.50 S22,500 00 18 Asphalt Concrete Pavement TON 760 $125.00 $95,000.00 $110.00 : 83,600.00 $133.80 $101,688 00' 19 Crushed Aggregate Base TON 1280 $55.00 $70,400 00 $31.80 $40,704.00 $33.20 $42,496.00 20 Construct Vehicular Concrete for Truck Apron(Colored) SF 1120 $12.00 $13,440.00 $12.00 $13,44000 $13.40 $15,008.00 21 Sidewalk Underdrain Pipe per SDRSD D- 27 EA 1 $250.00 $250.00 $500.00 $500.00 $267.50 $267.50 22 Install Contech U:ban Green Biofilter Unit EA 8 $15,000.00 $120,000.00 $12,500.00 $100,000.00 $5,885.00 $47,080 00 23 Type 5 Retaining Wall Per Caltrans B3- 4A SF 1440 $75.00 $108,000 00 $65.00 $93,600.00 $139.10 $200,304.00 r 24 New Jersey Barrier End per OSCO Construction Group or Approved Equal LS 1 $5,500.00 $5,500 00 $10,000.00 $10,000.00 $2,675.00 : 2,675.00 25 Concrete Barrier Type 732A per Caltrans B11-55 LE 490 $250.00 $122,500.00 $170.00 $83,300.00 $256.80 $125,832.00 26 Tubular Hand Railing per Caltrans B 11- 51 LF 490 $225.00 $110,250.00 $180.00 $88,200.00 $202.20 $99,078.00 27 Install Concrete Steps per SDRSD M-26 (in two locations as shown on plans) LS 1 $5,500.00 $5,500 00 $8,000.00 $8,000.00 $16,050.00 $16,050.00 28 Remove, dispose of unsuitable subgrade and replace with CAB and Mirafi 700x TON 100 $100.00 $10,000 00 $200.00 $20,000.00 $160.50 $16,050.00 Item No. 29 30 31 Description install Chain Link Gate per SDRSD M -5 (L— 4.5') Landscape Landscaping 120 Day Maintenance Period 32 Irrigation System 33 34 35 36 37 38 39 Signing and Striping Lighting Install Sewer Manhole, Frame, Lid, and connection per SDRSD S-2 Install 6" PVC Sewer Main War Memorial Architectural Improvements 4" Concrete Pad (2500 PSI) Concrete Wall 40 Concrete Sign Wall 411REAS (Type 11) Unit EA LS LS LS LS LS 2 1 1 Base 1131d Total Unit Price $2,200.00 $45,000.00 $10,000.00 $90,000.00 $30,000.00 $96,000.00 $15,000.00 $400.00 $20,000.00 $12.00 $1,000.00 $10,000.00 Extension (Quantity x Unit Price) $4,400.00 $45,000 00 Blue Pacific Engineering & Construction Unit Price $2,000.00 $30,000.00 $10,000.00 $5,000.00 $90,000 00 $40,000.00 S30,000.00 $31,500.00 $96,000 00 $30,000.00 $24,000.00 $20,000 00 ,$960 00 $23,000.00 $10,000 00 $1,492,875.00 Additive Bid $170,000.00 $8,500.00 $150.00 $40,000.00 $12.00 $800.00 $15,000.00 $4,000.00 $30,000 00 $5,000.00 $40,000.00 S31,500.00 $170,000.00 $17,000.00 $9,000.00 Unit Price $1,930.30 $62,237.60 $6,955.00 $95,818.50 $26,750.00 $94,160.00 $1,070.00 $192.60 $40,000.00 $67,657.20 $960.O0o-$9.10 $18,400.00J $520.00 $15,000.00 $12,840.00 $1,491,364.00 Extension (Quantity x Unit Price) $3,860.60 $62,237 60 $6,955 00 $95,818.50 $26,750.00 $94,160.00 $2,140.00 $11,556.00 $67,657 20 $728 00 $11,960.00 $12,840.00 $1,500,157.20 SY 1__ 840 Additive . I id $3.60 $3,024 00 $3,024.00 $6.00 $5,040.00 $5,040.00 —� $32.10 $26,964.00 $26,964.00 Base Bid & Additive Bid $1,495,899.00 $1,496,404.00 $1,527,121.20 RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AWARDING A CONTRACT TO NEW CENTURY CONSTRUCTION, INC., IN THE NOT -TO -EXCEED AMOUNT OF $1,495,899 FOR THE "D" AVENUE AND EAST 12TH STREET ROUNDABOUT INSTALLATION PROJECT, INCLUDING THE WAR MEMORIAL ARCHITECTURAL IMPROVEMENTS, AUTHORIZING A 15% CONTINGENCY IN THE AMOUNT OF $224,384.85 FOR ANY UNFORESEEN CHANGES, AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND AUTHORIZING AN APPROPRIATION IN THE AMOUNT OF $200,000 IN GENERAL FUND FOR SAFE ROUTES TO SCHOOL GRANT MATCH WHEREAS, on March 26, 2015, the Engineering Department publicly opened, examined, and declared six (6) sealed bids for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements; and WHEREAS, New Century Construction, Inc., was the lowest responsive bidder qualified to perform the work as described in the project specifications with a total bid amount of $1,495,899; and WHEREAS, a 15% contingency amount up to $224,384.85 for any unforeseen changes to the Project is requested. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby awards the contract for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements, to the lowest responsive, responsible bidder, to wit: NEW CENTURY CONSTRUCTION, INC. BE IT FURTHER RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute on behalf of the City a contract in the amount of $1,495,899 with New Century Construction, Inc., for the "D" Avenue and East 12th Street Roundabout Installation Project, including the War Memorial Architectural Improvements. Said contract is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the City Council hereby authorizes a 15% contingency amount up to $224,384.85 for any unforeseen changes to the Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes an appropriation in the amount of $200,000 in General Fun for Safe Routes to School grant match. PASSED and ADOPTED this 21st day of April, 2015. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 4/21/2015 — Page 151 The following page(s) contain the backup material for Agenda Item: Resolution authorizing the City of National City to participate in a U.S. Department of Housing and Urban Development public offering as part of the Section 108 Loan Guarantee Assistance Program to refinance the existing note in the original principal amo CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: 'Resolution authorizing the City of National City to participate in a U.S. Department of Housing and Urban Development public offering as part of the Section 108 Loan Guarantee Assistance Program to refinance the existing note in the original principal amount of $6,900,000 used to fund the construction of Fire Station 34. (Housing, Grants, and Asset Management) PREPAR IJocker Alejandro, Property Agent PHONE: 619-336-42661 EXPLAIN! Allrov (Please see attached background report). Housing, Grants, & Asset DEPARTMENT: anagment APPROV FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS 001-419-475-213-0000 Contract Services: $20,700 for cost of issuance. Please see Background Report for financial analysis. The City will save approximately $630,000 through the remaining term of the loan. ENVIRONMENTAL REVIEW: INlA1 ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution! BOARD / COMMISSION RECOMMENDATION: ATTACHMENT:: 1. Background Report 2. HUD transmittal letter 3. Fixed Rate Note for Series 2015-A Certificates 4. Contract for Fixed Rate Note, Entitlement 5. Public Offering Legal Opinion Letter 6. Supplement to Trust Agreement Attachment 1 Background Report The Housing and Urban Development (HUD) department launched a new Section 108 public offering scheduled for May 28, 2015. In 2003 the City of National City was approved by HUD to obtain a $6.9 million loan for the purpose of constructing a new main fire station, Fire Station 34. The City of National City has a series 2003-A note with an outstanding balance of approximately $4,140,000, in relation to Fire Station 34. After much analysis, HUD has determined that the City could save the municipality a substantial amount of money if the City chose to refinance this balance ($4,140,000) in the public offering. The City's series 2003-A note qualifies for HUD's new Section 108 public offering. If the City decides to participate in the 2015 public offering, there are several items to be considered: • The estimate of savings is based on recently quoted yields on US Treasury obligations, which may be either higher or lower when the public offering rates are finalized in May. • The issuance of a new note may require a resolution/ordinance (or other action) by your governing body (i.e., if the original resolution/ordinance does not contain language/flexibility that would allow community to go forward with the financing opportunity). You should consult with your counsel at the earliest opportunity to determine if such a resolution/ordinance is required for refinancing your current note. • The new note will not be prepayable, but it can be defeased at any time as provided in the Section 108 Contract. • You will have to pay issuance costs on the new note, which will probably be in the range of 1/2 of 1% of the loan amount. HUD has indicated that the cost of issuance is %z% ($20,700). • The terms of the new promissory note must be exactly the same as the existing promissory note (for example, the principal payment schedule will remain the same and the security provisions of the existing note will apply to the new note). • If the Section 108 funds were loaned to a third -party borrower, you will want to discuss the refinancing option with the third -party entity at your earliest opportunity and determine if the refinancing will work for all parties. • To enable the refinancing, the existing note will be defeased on the closing date of the public offering by depositing cash in an account with the Section 108 Trustee sufficient to prepay the outstanding balance on August 1, 2015 and to pay interest through that date. The Trustee will transfer the proceeds of the Municipality's new note into the defeasance account, including all remaining residual balances and will be responsible for remitting the interest payment as well as the issuance costs. For further illustration, the following tables will show the debt service for the current note, the savings that could be realized if the City decides to participate, and the estimated rates. Attachment 1 Debt Service BORROWER: NATIONAL CITYCA AMOUNT: $ 4,140,000 AVG. LIFE: 5.48 SERIES: 2003-A MATURITY 1-Aug-2015 1-Aug-2016 1-Aug-2017 1-Aug-2018 1-Aug-2019 1-Aug-2020 1-Aug-2021 1-Aug-2022 1-Aug-2023 1-Aug-2024 INTEREST RATE 5.07% 5.19% 5.29% 5.38% 5.46% 5.53% 5.59% 5.64% 5.69% 0.00% NOTE AMOUNT 335,000 365,000 390,000 r 420,000 455,000 485,000 r 520,000 565,000 605,000 0 TOTAL DATE PAYMENT INTEREST 01-Aug-15 448,088.50 113,088.50 01-Feb-16 104,596.25 104,596.25 01-Aug-16 469,596.25 104,596.25 01-Feb-17 95,124.50 95,124.50 01-Aug-17 485,124.50 95,124.50 01-Feb-18 84,809.00 84,809.00 01-Aug-18 504,809.00 84,809.00 01-Feb-19 73,511.00 73,511.00 01-Aug-19 528,511.00 73,511.00 01-Feb-20 61,089.50 61,089.50 01-Aug-20 546,089.50 61,089.50 01-Feb-21 47,679.25 47,679.25 01-Aug-21 567,679.25 47,679.25 01-Feb-22 33,145.25 33,145.25 OUTSTANDING BALANCE 3,805,000 3,440, 000 3,050,000 2,630,000 2,175,000 1,690,000 1,170,000 605,000 PRINCIPAL 335,000 365,000 390,000 420,000 455,000 485,000 520,000 OUTSTANDING BALANCE 4,140,000 3,805,000 3,805,000 3,440,000 3,440,000 3,050,000 3,050,000 2,630,000 2,630,000 2,175,000 2,175,000 1,690,000 1,690,000 1,170,000 1,170,000 5.07% 5.19% 5.29% 5.38% 5.46% 5.53% 5.59% 01-Aug-22 598,145.25 33,145.25 565,000 605,000 5.64% 01-Feb-23 17,212.25 17,212.25 01-Aug-23 622,212.25 17,212.25 01-Feb-24 0.00 0.00 605,000 01-Aug-24 0.00 0.00 0 NOTE: This schedule reflects HUD's estimate of amounts due, based on the interest rates in the public offering. However, these estimates are subject to confirmation by the Trustee - Bank of New York. 605,000 0 0 0 5.69% 0.00% Attachment 1 Projected Savings BORROWER: NATIONAL CITYCA AMOUNT OF NEW NOTE: $ 4,140,000 INTEREST PAYABLE - CURRENT: INTEREST PAYABLE - PROJECTED: INTEREST PAYABLE ON CURRENT NOTE: ESTIMATED ISSUANCE COSTS: NET SAVINGS: NPV OF INTEREST SAVINGS: $ 1,147,422.50 (383,410.15) (113,088.50) (20,700.00) 630,223.85 $ 593,067.54 MATURITY 1-Aug-2015 1-Aug-2016 1-Aug-2017 1-Aug-2018 1-Aug-2019 1-Aug-2020 1-Aug-2021 1-Aug-2022 1-Aug-2023 1-Aug-2024 EXISTING INTEREST RATE(S) PROJECTED INTEREST RATE(S)* 5.07% 5.19% 5.29% 5.38% 5.46% 5.53% 5.59% 5.64% 5.69% 0.00% 0.35% 0.55% 0.90% 1.35% 1.75% 1.90% 2.13% 2.18% 2.39% 2.49% " as of: March 27, 2015 PRINCIPAL OUTSTANDING INSTALLMENT BALANCE 335,000 3,805,000 365,000 3,440,000 390,000 3,050,000 420,000 2,630,000 455,000 2,175,000 485,000 1,690,000 520,000 1,170, 000 565,000 605,000 605,000 0 Attachment 1 Projected Calculations TOTAL OUTSTANDING DATE PAYMENT INTEREST PRINCIPAL BALANCE 0.87% 4,140,000 Offering Date 28-May-15 01-0ug-15 346,775.11 11,775.11 335,000 3.805,000 0.57% 0.35% 101,313.39 0.36 101,000.41 119,315.07 01-0e0-16 33,056.91 33,056.91 3.805,000 1.74% 71,539.34 1.36 70,696.42 0.00 01-Aug-16 388,056.91 33,056.91 365,000 3,440,000 1.74% 0.55% 71,539.34 2.36 70,086.59 862,000.00 01-Feb-17 32,049.51 32,049.51 3,440,000 1.86% 63,074.99 3.37 61,255.27 0.00 01-Aug-17 422,049.51 32,049.51 390,000 3,050,000 _ 1.86% 0.90% 63,074.99 4.36 60,729.77 1,701,041.10 01-Feb-18 30,290.61 30,290.61 3,050,000 1.99% 54,518.39 5.37 52,033.58 0.00 01-Aug-18 450,290.61 30,290.61 420,000 2,630,000 1.99% 1.35% 54,518.39 6.36 51,587.19 2,671,890.41 01-Feb-19 27,457.71 27,457.71 2,630,000 2.09% 46,053.29 7.37 43,197.22 0.00 01-Pug-19 482,457.71 27,457.71 455,000 2,175,000 2.09% 1.75% 46,053.29 8.36 42,826.64 3,804,547.95 01-Feb-20 23,487.83 23,487.83 2,175,000 2.16% 37,601.67 9.37 34,662.24 0.00 01-Aug-20 508,487.83 23,487.83 485,000 1,690,000 2.16% 1.90% 37,601.67 10.37 34,363.25 5,028,054.79 01-Feb-21 18,892.45 18,892.45 1,690,000 2.24% 28,786.80 11.38 26,078.14 0.00 01-Aug-21 538,892.45 18,892.45 520,000 1,170,000 2.24% 2.13% 28,786.80 12.37 25,854.43 6,430,904.11 01-Feb-22 13,364.85 13,364.85 1,170,000 2.28% 19,780.40 13.38 17,610.54 0.00 01-N1g-22 578,364.85 13,364.85 565,000 605,000 2.28% 2.18% 19,780.40 14.37 17,459.47 8,117,424.66 01-Feb-23 7,217.65 7,217.65 605,000 2.39% 9,994.60 15.38 8,744.95 0.00 01-Aug-23 612,217.65 7,217.65 605,000 0 2.39% 2.39% 9,994.60 16.37 8,669.93 9,902,109.59 01-Feb-24 0.00 0.00 0 ' 805001 0.00 17.38 0.00 0.00 01-Aug-24 0.00 0.00 0 0. 801\001 2.49% 0.00 18.37 0.00 0.00 764,012.35 726,856.04 38,637,287.67 NOTE This schedule reflects HUD's estimate of amounts due, based on the interest rates in the public offering. However, these estimates are subject to confirmation by the Trustee - Bank of New York. Rates MATURITY 1-Aug-2006 1-Aug-2007 1-Aug-2008 1-Aug-2009 1-Aug-2010 1-Aug-2011 1-Aug-2012 1-Aug-2013 1-Aug-2014 1-Aug-2015 1-Aug-2016 1-Aug-2017 1-Aug-2018 1-Aug-2019 1-Aug-2020 1-Aug-2021 1-Aug-2022 1-Aug-2023 1-Aug-2024 1-Aug-2025 1-Aug-2026 1994-A 1995-A 1996-A SERIES 1997-A 1999-A 2000-A 2001-A 2002-A 2003-A 2004-A 2006-A 6.76% 8.47% 7.05% 6.46% 5.75% 7.13% 5.20% 3.45% 2.41% 3.09% 0.00% 6.85% 8.57% 7.14% 6.49% 5.78% 7.22% 5.33% 3.80% 2.97% 3.62% 5.23% 6.93% 8.67% 7.24% 6.61% 5.83% 7.22% 5.53% 4.16% 3.51% 4.00% 5.01% 6.93% 8.77% 7.31% 6.70% 5.96% 7.20% 5.67% 4.43% 3.82% 4.32% 4.96% 7.00% 8.86% 7.38% 6.78% 6.06% 7.45% 5.75% 4.67% 4.15% 4.57% 4.99% 7.08% 8.91% 7.45% 6.83% 6.16% 7.50% 5.80% 4.85% 4.44% 4.79% 5.02% 7.13% 8.93% 7.51% 6.88% 6.26% 7.65% 6.00% 4.99% 4.66% 4.96% 5.03% 7.18% 8.98% 7.57% 6.93% 6.33% 7.72% 6.08% 5.29% 4.83% 5.08% 5.05% 0.00% 9.03% 7.63% 6.98% 6.41% 7.76% 6.17% 5.43% 4.93% 5.19% 5.07% 0.00% 0.00% 7.66% 7.03% 6.49% 7.81% 6.25% 5.56% 5.07% 5.36% 5.09% 0.00% 0.00% 0.00% 7.08% 6.59% 7.86% 6.36% 5.67% 5.19% 5.48% 5.11% 0.00% 0.00% 0.00% 7.13% 6.66% 7.91% 6.45% 5.77% 5.29% 5.59% 5.30% 0.00% 0.00% 0.00% 0.00% 6.72% 7.93% 6.51% 5.85% 5.38% 5.68% 5.38% 0.00% 0.00% 0.00% 0.00% 0.00% 7.96% 6.56% 5.93% 5.46% 5.76% 5.45% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.62% 6.00% 5.53% 5.81% 5.51% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.67% 6.07% 5.59% 5.87% 5.57% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.12% 5.64% 5.92% 5.62% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 5.69% 5.97% 5.66% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 6.01% 5.70% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 5.74% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 5.77% 1995-A 2 1996-A 3 1997-A 4 1999-A 5 2000-A 6 2001-A 7 2002-A 8 2003-A 9 2O04-A 10 2006-A 11 MATURITY MATURITY SERES 1•Pug-2006 1-0t -2007 1-Pig-2008 1•Au-20091aWg•201 1-P g-2011 1-04g-2012 1•Aag-2013 1•Aag•2014 1-P6g2015 1-A -2016 1-Pug-2017 1•Aag-201814,g-20191-Ag•2020 1 kg-2021 1•Aug.2022 1•A6g•2023 1-Aug-2024 1-9 -2025 1•Adg-2026 1994-A 1995-A 1996•A 1997-A 1999.0 2000-A 2001-A 2002•4 2003•A 2004-A 2006-A 6.76% 8.47% 7.66% 6.46% 5.7551 7.13% 5.20% 3.45% 2.41% 3.09% 0.60% 6.89% 8.5791 7.14% 6.49% 5.78% 7.Y1% 5.33% 3.00% 2.97% 3.62% 5.23% 6.93% 8.67% 724% 6.61% 5.83% 722% 5.53% 4.36% 3.51% 4.00% 5.01% 6.93% 8.77% 7.31% 6.70% 5.96% 7.28% 5.67% 4.43% 3.82% 4.32% 4.96% 7.00% 0.86% 7.38% 6.78% 6.06% 7.45% 5.75% 4.67% 4.15% 4.57% 4.99% 7.08% 8.91% 7.45% 6.83% 6.16% 7.50% 5.80% 4.85% 4.44% 4.79% 5.02% 7.13% 8.93% 7.51% 6.86% 6.26% 7.65% 6.00% 4.99% 4.66% 4.96% 5.03% 7.18% 8.98% 7.57% 693% 6.33% 7.72% 608% 5,29% 4.83% 5.08% 5.05% 0.00% 9.03% 7.63% 6.96% 6.41% 7.76% 6.17% 5.43% 4.93% 5.19% 5.07% 0.00% 0.00% 7.56% 7.03% 6.49% 7.01% 6.25% 5.56% 5.07% 5.36% 5.09% 0.60% 0.00% 0.00% 7.66% 6.59% 7.86%, 6.36% 5.67% 5.19% 5.48% 5.11% 0.09% 0.00% 0.00% 7.13% 6.66% 7.91% 6.45% 5,77% 5.29% 5,59% 5.30% 0.00% 0.66% 0.00% 0.00% 6.72% 7.93% 6.51% 5.85% 5.38% 5.68% 5.38% 0.00% 5.t6% 0.00% 0.00% 0.00% 7.96% 6.56% 5.93% 5.46% 5.76% 5.45% 0.60% 0.00% 0.60% 0.00% 0.60% 0.63 6.62% 6.00% 5.53% 5.81% 5.5I% 0.06% 0.00% 00% OD0% 00% 0.00% 8.67% 6.07% 5.59% 5.87% 5.57% 0.00% 0.00% 0.00% 0.06% 0.00% 0.00% 0.00% 812% 5.64% 5.92% 5.62% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% 5.69% 5.97% 5.66% 0.00% 0.00% 0.0091 0.00% 0.110% 0.00% 0.616 0.00% 0.00% 6.01% 5.70% 0.110% 0.00% 0.07% 0.00% 0.07% 0.80% 0.00% 0.00% 0.00% 0.80% 5.74% 0.00% 0.00% 0.00% 0.00% 0.00% 0.00% om% 0.00% 0.00% 0.00% 5.77% Attachment 1 Sources and Uses of Funds in Defeasance Account BORROWER: NATIONAL CITYCA SERIES: 2003-A CURRENT LOAN BALANCE: 4,140,000 NEW NOTE AMOUNT: 4,140,000 FIRST OPTIONAL REDEMPTION DATE: 8/1/2015 SOURCES OF FUNDS IN DEFEASANCE ACCOUNT TRUSTEE TRANSFERS PROCEEDS FROM NEW NOTE: $ 4,119,300 BORROWER REMITS ISSUANCE COSTS: 20,700 BORROWER REMITS CURRENT NOTES LAST INT PAYMENT: 113,089 TOTAL SOURCES: $ 4,253,089 USES OF FUNDS IN DEFEASANCE ACCOUNT INTEREST PAYMENT DUE ON 8/1/2015: (113,089) SCHEDULED PRINCIPAL PAYMENT ON 8/1/2015: (335,000) PREPAYMENT OF FUTURE PRINCIPAL PAYMENTS: (3,805,000) TOTAL USES: $ (4,253,089) *TOTAL AMOUNT REMITTED BY BORROWER: $ 133,789 If the City decides to participate in the program, it could realize savings over approximately $630,000.00. Staff is recommending the City Council of the City of National City to participate in the program. Attachment 2 2015 PO transmit All Borrowers Conversion -Fully Advanced 4-7-15 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D.C. 20410-7000 OFFICE OF THE ASSISTANT SECRETARY FOR COMMUNITY PLANNING AND DEVELOPMENT April 10, 2015 Dear Sir or Madam: Enclosed are documents that the City of National City (the "Borrower") requested related to the pending public offering of trust certificates guaranteed under Section 108 of the Housing and Community Development Act of 1974, as amended. The public offering date is firm for May 28, 2015, except for adverse market conditions. The offering will be underwritten by Credit Suisse Securities (USA) LLC and Bank of America Merrill Lynch. Capitalized terms used in this letter are more fully defined in the enclosed documents. Even though the public offering will not be held until May 28, 2015, it is necessary that the Department of Housing and Urban Development (HUD) receive the properly executed documents from you by close of business on May 5, 2015. We must verify that we have all documents from all Borrowers, and that they are satisfactory, before pricing and before we can sign the Underwriting Agreement. If we do not receive the documents from you by May 5, your note will not be included in the public offering on May 28. This underwritten public offering will be conducted pursuant to legislation which permits HUD to guarantee trust certificates that are backed by a trust composed of notes or other obligations guaranteed under Section 108. Your note will be included in such a trust, together with the notes of other participating Borrowers. Previously executed Note(s) converting from interim financing to permanent, fixed rate financing will be delivered by/on behalf of the Holder to The Bank of New York Mellon, as Trustee, two days before the public offering date and will be held in trust. At closing, the Trustee will issue a single, separate certificate for each Principal Due Date specified in the Note. Each such certificate shall specify the applicable pass -through interest rate, which rate(s) will also be entered in the Schedule P&I attached to the Note for the applicable Principal Due Dates. An interest rate will be established for each trust certificate at pricing by the underwriters one week before the public offering date. Enclosed are a Schedule P&I for your Note(s) and wire transfer instructions in connection with the offering. The Schedule P&I must be executed by an authorized representative of the Borrower [it is preferable, but not required, that documents be signed in blue ink]. The Aggregate Principal Amount of the Note shall be repaid in accordance with the enclosed Schedule P&I. Please verify that the Principal Amounts (payments) shown are correct, as they may not be changed after the offering. Interest will accrue on each Principal Amount at the pass -through interest rate on the related trust certificate, payable on the applicable Interest Due Dates (each February 1 or August 1, beginning August 1, 2015), through the Principal Due Date on the Schedule P&I, which dates correspond to the related distribution dates of payments to investors on the trust certificates). Each interest payment will consist of the aggregate of the Attachment 2 interest amounts accrued to the applicable date on the entire principal balance of the Note. However, all payments on the Note are actually due to the Trustee on the Note Payment Date seven Business Days before the applicable Interest Due Date or Principal Due Date. This is necessary to enable the Trustee to aggregate the payments and direct them to the proper investors, and also to enable HUD to honor its Guarantee by making payment on behalf of the Borrower from pledged grant funds if necessary. You will be notified by the Trustee of the amount of the required payment one month before each Note Payment Date. The previously -executed Contract for Loan Guarantee Assistance Under Section 108 (the Contract) provides when and how payment of the costs/fees of the public offering is to be made. The final amount of the costs will not be known until the week before the public offering date. We will notify you of the amount at that time, as well as the amount of accrued interest payable on interim note Advances being paid off at the offering, if applicable. The enclosed form for wire transfer of funds provides the information that you will need to remit the costs of the public offering as well as the next scheduled payment on the previously issued Note. These funds must be remitted no later than 10:30 a.m., May 27, 2015. You submitted an opinion of counsel with previously executed financing documents pursuant to paragraph 4(b) of the Contract. If only a Schedule P&I is being executed at this time, then no further opinion of counsel is required. Please return the executed documents and the legal opinion by May 5, 2015, to: U.S. Department of Housing and Urban Development Attention: Paul Webster, Director Financial Management Division 451 Seventh St., SW, Room 7180 Washington, D.C. 20410 If you have any questions regarding this letter, please contact either myself or Terry Rouch at 202-402-7066, or send an email to paul.webster@hud.gov and Terry.E.Rouch@hud.gov (please be sure to copy both addresses). If your counsel has any questions about the legal opinion, please have your counsel contact Carey Whitehead or Makani Drummond of our Office of General Counsel at (202) 402-3106 or (202) 402-6192, respectively, or by email at carey.c.whitehead@hud.gov or Makani.D.Drummond@hud.gov Sincerely, Paul Webster Director Financial Management Division Enclosures Attachment 3 Fixed Rate Note 2015-A 2034 DEFEASING 4-06-15 U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Fixed Rate Note for Series 2015-A Certificates BORROWER: The City of National City, CA NOTE NO. B-00-MC-06-0560 REGISTERED HOLDER: THE BANK OF NEW YORK MELLON AGGREGATE PRINCIPAL AMOUNT: $4,140,000 DATE: For value received, the undersigned, the City of National City (the "Borrower," which term includes any successors or assigns), a public entity or agency organized and existing under the laws of the State (or Commonwealth, if applicable) of California, promises to pay to the order of THE BANK OF NEW YORK MELLON, as Registered Holder (the "Holder," which term includes any successors or assigns), the Principal Amounts set forth on the attached Schedule P&I as of each applicable Principal Due Date set forth therein, together with interest on such unpaid Principal Amounts at the rates applicable thereto as specified on such attached Schedule P&I. Interest shall be calculated and payments shall be made in the manner set forth below. The Holder is acting hereunder on behalf of a trust (the "Trust") created pursuant to a Trust Agreement by and between the Secretary of Housing and Urban Development (the "Secretary") and Bank of New York Mellon (successor to JPMorgan Chase Bank, N.A.), as trustee (the "Trustee"), dated as of January 1, 1995, as amended (the "Trust Agreement"), as supplemented by the applicable Supplement to the Trust Agreement, by and between the Secretary and the Trustee. A. Principal and Interest Interest on a Principal Amount of this Note that is due as of a given date specified on the Schedule P&I attached hereto (such date, the "Principal Due Date" for such Principal Amount) shall accrue at the per annum rate specified on such Schedule P&I from (and including) the date hereof to (but excluding) such Principal Due Date or, if applicable, to the applicable Interest Due Date on which an Optional Redemption (as defined below) occurs. The aggregate of the interest amounts accrued on the entire unpaid Principal Amount of this Note shall be due semiannually as of February 1 and August 1 of each year (each, an "Interest Due Date"), commencing on August 1, 2015, until the Aggregate Principal Amount listed on the Schedule P&I attached to this Note is paid in full. Interest shall be calculated on the basis of a 360-day year consisting of twelve 30-day months. Attachment 3 B. Optional Redemption Certain Principal Amounts indicated as being eligible for Optional Redemption on the Schedule P&I hereto may be paid, in whole or in part, at the option of the Borrower as of any Interest Due Date on or after the date specified in such Schedule (an "Optional Redemption"). In order to elect an Optional Redemption of a redeemable Principal Amount, the Borrower shall give notice of its intention to redeem a Principal Amount to the Trustee and the Secretary not less than 60 days nor more than 90 days prior to the Interest Due Date as of which the Borrower intends to redeem the Principal Amount. The Trustee shall apply any payments received in respect of Optional Redemptions in accordance with written instructions of the Borrower, as approved by the Secretary. Principal Amounts that are not indicated as being eligible for Optional Redemption on such Schedule may not be prepaid. C. Additional Definitions For purposes of this Note, the following terms shall be defined as follows: "Business Day" shall mean a day on which banking institutions in New York, New York, are not required or authorized to remain closed and on which the Federal Reserve Bank and the New York Stock Exchange are not closed. If any payment (including a payment by the Secretary) is required to be made on a day that is not a Business Day, then payment shall be made on the next Business Day. "Contract" shall mean the Contract for Loan Guarantee Assistance, and any amendments thereto, between the Secretary and the Borrower, the designated public entity named therein (if applicable), or the State named therein (if applicable), which refers to and incorporates this Note by the number hereof. D. Borrower's Timely Payment to Trustee Notwithstanding anything contained in this Note, the Borrower, in accordance with the Contract, shall be required to make all payments of interest and principal, including any Optional Redemption payments, directly to the Trustee on the seventh Business Day prior to the appropriate Interest Due Date, Principal Due Date or date of Optional Redemption, as applicable. E. Interest on Late Payments If a payment of principal or interest herein provided for has not been duly received by the Holder from either the Borrower or the Secretary by the close of business on the applicable Interest Due Date or Principal Due Date, interest shall accrue on the amount of such payment at the applicable interest rate or rates payable on this Note, from the relevant due date until the date such payment is made. Nothing in the immediately preceding sentence shall be construed as permitting or implying that the Borrower may, without the written consent of the Holder and the Secretary, modify, extend, alter or affect in any manner whatsoever the right of the Holder timely to receive any and all payments of principal and interest specified in this Note. 2 Attachment 3 F. Applicability of Fiscal Agency Agreement and Trust Agreement This Note and payments made hereunder shall be administered pursuant to the terms of the Trust Agreement and are subject to such agreement. The terms and provisions of the Trust Agreement, insofar as they affect the rights, duties and obligations of the Holder and/or the Borrower, are hereby incorporated herein and form a part of this Note. Capitalized terms not defined in this Note shall have the meanings ascribed to them in Trust Agreement. The Amended and Restated Master Fiscal Agency Agreement dated as of May 17, 2000, between the Secretary and The Bank of New York Mellon (successor to The Chase Manhattan Bank and JPMorgan Chase Bank, N.A.), as Fiscal Agent (the "Fiscal Agency Agreement") provides for The Bank of New York Mellon, acting as Fiscal Agent to perform certain duties, including the duties of registrar for this Note until this Note is canceled or a new registrar appointed in accordance with the Fiscal Agency Agreement. The Trust Agreement provides for the Trustee to perform certain duties, including the duties of paying agent and collection agent for this Note until a new Trustee is appointed in accordance with the Trust Agreement. This Note may be surrendered to the Fiscal Agent for registration of transfer or exchange, as provided in the Fiscal Agency Agreement. The Fiscal Agent and the Trustee shall permit reasonable inspection to be made of a copy of the Fiscal Agency Agreement or Trust Agreement kept on file at its corporate trust office. Neither the Fiscal Agency Agreement nor the Trust Agreement shall change the Borrower's payment obligations under this Note. G. Applicability of Contract and Secretary's Guarantee This Note evidences indebtedness incurred pursuant to and in accordance with the Contract and pursuant to Section 108 of Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5308) (the "HCD Act"). This Note is subject to the terms and provisions of the Contract, to which Contract reference is hereby made for a statement of said terms and provisions and for a description of the collateral security for this Note. The payment of principal on the applicable Principal Due Dates and of interest on the applicable Interest Due Dates under this Note is unconditionally guaranteed by the Secretary to the Holder through a guarantee (the "Guarantee"). Execution of the Secretary's Guarantee is required before this Note is effective, and such Guarantee shall be issued pursuant to and in accordance with the terms of the Contract and Section 108 of the HCD Act. H. Default A default under this Note shall occur upon failure by the Borrower to pay principal or interest on this Note when due to the Trustee hereunder. On any Interest Due Date on or after the first permissible Optional Redemption Date, if either (i) a Borrower defaults on the payment of any interest or Principal Amount when due or (ii) the Secretary gives notice of a final decision to declare the Borrower in default pursuant to the following paragraph, then the Secretary may, but is not obligated to, make an acceleration payment to the Trustee equal to the unpaid Aggregate Principal Amount of the Note, together with accrued and unpaid interest thereon to such Interest Due Date. The Secretary shall give notice of such payment on the fourteenth Business Day preceding such Interest Due Date and shall make such payment on the seventh Business Day preceding such Interest Due Date. In the event that any such acceleration payment is made from 3 Attachment 3 sources other than funds pledged by the Borrower as security under the Contract (or other Borrower funds), the amounts paid on behalf of the Borrower shall be deemed to be immediately due and payable to the Secretary. Nothing in this paragraph shall be construed as permitting or implying that the Borrower may, without the written consent of the Holder and the Secretary, modify, extend, alter or affect in any manner whatsoever the right of the Holder timely to receive any and all payments of principal and interest specified in this Note. In addition, the Secretary may declare the Borrower in default under this Note if the Secretary makes a final decision in accordance with the provisions of 24 CFR § 570.913 (or any successor regulation thereof), including requirements for reasonable notice and opportunity for hearing, that the Borrower has failed to comply substantially with Title I of the HCD Act. Following the giving of such reasonable notice, the Secretary may take the remedial actions specified as available in the relevant provisions of the Contract pending the Secretary's final decision. I. Holder's Reliance on Guarantee Following a default by the Borrower under the terms of this Note, the Holder agrees to rely wholly and exclusively for repayment of this Note upon the Guarantee. The enforcement of any instruments or agreements securing or otherwise related to this Note shall be the sole responsibility of the Secretary, and the Holder shall not be responsible for the preparation, contents or administration of such instruments and agreements, or for any actions taken in connection with such instruments and agreement. The Holder, to the extent it is legally able to do so, shall bind or cause to be bound its successors and assigns to all limitations imposed upon the Holder by this Note. J. Amendment This Note may only be amended with the prior written consent of the Secretary and the Borrower. No such amendment shall reduce, without the prior written consent of the Holder of this Note, in any manner the amount of, or delay the timing of, payments required to be received on this Note by the Holder or Trustee, including Guarantee Payments. K. Waivers The Borrower hereby waives any requirement for presentment, protest or other demand or notice with respect to this Note. The Borrower hereby waives notice of default and opportunity for hearing for any failure to make a payment when due. L. Delivery and Effective Date This Note is deemed issued, executed, and delivered on behalf of the Borrower by its authorized official as an obligation guaranteed by the Secretary pursuant to Section 108 of the HCD Act, effective as of the date of the Secretary's Guarantee. 4 Attachment 3 M. Borrower Specific Provisions Proceeds of this Note shall be used solely for the purpose of refinancing, through defeasance, funds advanced under previous Note(s) having the same Note number. [Remainder of Page Intentionally Left Blank] 5 Attachment 3 THE UNDERSIGNED, as an authorized official of the Borrower, has executed and delivered this Note. 6 The City of National City, CA BORROWER BY: (Signature) (Name) (Title) Attachment 3 Principal Amount SCHEDULE P&I Note No. B-00-MC-06-0560 Principal Interest Rate* Optional Redemption Available Due Date YES NO $ 335,000 August 1, 2015 X $ 365,000 August 1, 2016 X $ 390,000 August 1, 2017 X $ 420,000 August 1, 2018 X $ 455,000 August 1, 2019 X $ 485,000 August 1, 2020 X $ 520,000 August 1, 2021 X $ 565,000 August 1, 2022 X $ 605,000 August 1, 2023 X $ August 1, 2024 X $ August 1, 2025 X $ August 1, 2026 X $ August 1, 2027 X $ August 1, 2028 X $ August 1, 2029 X $ August 1, 2030 X $ August 1, 2031 X $ August 1, 2032 X $ August 1, 2033 X $ August 1, 2034 X $4,140,000 = Aggregate Principal Amount Principal Amounts due on or after August 1, 2025, for which Optional Redemption is available may be redeemed, subject to the terms contained herein and in the Trust Agreement, on any Interest Due Date on or after August 1, 2024. *The fixed rate applicable to each Principal Amount shall be listed by the Secretary. Attachment 4 Contract for Fixed Rate Note, Entitlement, 04-06-15 *Defeasing* U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT CONTRACT FOR LOAN GUARANTEE ASSISTANCE UNDER SECTION 108 OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974, AS AMENDED, 42 U.S.C. §5308 For Series HUD 2015-A Certificates This Contract for Loan Guarantee Assistance ("Contract") is entered into by the City of National City, California, as Borrower (the "Borrower"), and the Secretary of Housing and Urban Development ("Secretary"), as guarantor for the Guarantee made pursuant to section 108 ("Section 108") of title I of the Housing and Community Development Act of 1974, as amended (the "Act") and 24 CFR Part 570, Subpart M, of the promissory note executed contemporaneously herewith and numbered B-00-MC-06-0560, in the Aggregate Principal Amount of $4,140,000, and any amended note or note issued in substitution for such note and having the same note number (the "Note"). This is one of multiple Contracts under the Funding Approval ("Commitment") of the same number, which was approved by the Secretary on . Such Aggregate Principal Amount will be paid or credited to the account of the Borrower pursuant hereto, and all such amounts are collectively referred to herein as the "Guaranteed Loan Funds." The Note (including the Fiscal Agency Agreement and the Trust Agreement as defined in the Note and incorporated therein) is hereby incorporated into the Contract. Terms used in the Contract with initial capital letters and not otherwise defined in the text hereof shall have the respective meanings given thereto in the Note. The Fiscal Agency Agreement and the Trust Agreement are sometimes collectively referred to herein as the "Fiscal Agency/Trust Agreements," and the Fiscal Agent and the Trustee are sometimes collectively referred to as the "Fiscal Agent/Trustee." PART I A. The Note. The Note is payable to the Trustee as Registered Holder. On the Public Offering Date, it is expected that trust certificates backed by the Note and similar notes issued by other Section 108 borrowers, denominated "Section 108 Government Guaranteed Participation Certificates Series HUD 2015-A," will be purchased for a purchase price of the full Aggregate Principal Amounts thereof by underwriters selected by the Secretary (the "Underwriters") pursuant to an Underwriting Agreement between the Underwriters and the Secretary, at a closing on such Public Offering Date as determined by the Secretary and the Underwriters. The Borrower agrees that the interest rate at which the trust certificate of a specified maturity is sold to the Underwriters shall be the interest rate inserted on the Public Offering Date in Schedule P&I of the Note for the Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 2 Principal Amount of corresponding maturity. The Note shall be effective as an obligation of the Borrower only upon its delivery by the Secretary to the Fiscal Agent/Trustee and sale to the Underwriters at the closing on the Public Offering Date. The Borrower authorizes the Secretary to deliver the Note, together with the Secretary's Guarantee thereof, to the Fiscal Agent/Trustee as of such closing on the Public Offering Date, in accordance with the Fiscal Agency/Trust Agreements. After the Public Offering Date, the Borrower agrees that the Trustee pursuant to the Trust Agreement will maintain the books and records of all payments on the Note and all Principal Amounts and interest rates on such Principal Amounts. B. Consents. By execution of this Contract, the Borrower ratifies and consents to the Secretary's selection of the Underwriters and authorizes the Secretary to negotiate with the Underwriters the terms of the Underwriting Agreement and of the public offering of interests in the trust certificates to investors (including the applicable interest rates). In addition, by execution hereof the Borrower ratifies and consents to the Secretary's selection of the Fiscal Agent/Trustee and agrees to the respective terms of the Fiscal Agency/Trust Agreements. C. Prior Contracts. As of the date of the Secretary's Guarantee of the Note, this Contract supersedes any prior Contract for Loan Guarantee Assistance entered into between the parties with respect to the Guaranteed Loan Funds, the terms of the Secretary's Guarantee, and any other matter covered by this Contract, provided that any such prior contract continues to govern any action taken by the Borrower or the Secretary pursuant thereto and prior to the Secretary's Guarantee of the Note (except for the provisions of paragraph 4 of this Contract) , and further provided that this Contract does not supersede such prior contract with respect to any note having the same note number other than the promissory note identified in paragraph 15(a). Notwithstanding the preceding sentence, if such prior contract contained provisions for security or other Borrower -specific terms for the benefit of the Secretary or to ensure program compliance in addition to the security identified in paragraphs 5(a), 5(b), 5(d), or 5(e) hereof, which security or other Borrower -specific terms may be generally set forth or incorporated in paragraph 5(c) (and any related provisions incorporated in paragraph 12) of such prior contract, or may be set forth in paragraph 15 or any succeeding paragraphs (including related provisions incorporated in paragraph 12) of such prior contract or any Attachment thereto, such additional security provisions or other Borrower -specific terms of the prior contract are hereby incorporated in this Contract and shall be deemed a part hereof. Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* PART II 1. Receipt, Deposit and Use of Guaranteed Loan Funds. 3 (a) Except for fees and charges deducted on the Public Offering Date pursuant to paragraph 4(a) by the Fiscal Agent/Trustee, or funds used to pay off any interim note refinanced by the Note, the Guaranteed Loan Funds shall be electronically transferred in accordance with the Borrower's instructions for deposit in a separate, identifiable custodial account (the "Guaranteed Loan Funds Account") with a financial institution whose deposits or accounts are Federally insured. The Guaranteed Loan Funds Account shall be established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Account" (Attachment 1) and shall be continuously maintained for the Guaranteed Loan Funds. Such Letter Agreement must be executed when the Guaranteed Loan Funds Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) The Borrower shall make withdrawals from said account only for payment of the costs of Section 108 activities approved by HUD, for transfer to the Loan Repayment Account or for the temporary investment of funds pursuant to this paragraph 1(a). Such temporary investment of funds into the Guaranteed Loan Funds Investment Account shall be required within three Business Days after the balance of deposited funds exceeds the amount of the Federal deposit insurance on the Guaranteed Loan Funds Account. At that time, any balance of funds in the Guaranteed Loan Funds Account exceeding such insurance coverage shall be fully (100%) and continuously invested in Government Obligations, as defined in paragraph 10 hereof, held in the Guaranteed Loan Funds Investment Account. All temporary investments, whether or not required as above, shall be limited to Government Obligations having maturities that are consistent with the cash requirements of the approved activities. In no event shall the investments mature on or after N/A , or have maturities which exceed one year. All such investments shall be held in trust for the benefit of the Secretary by the above financial institution in an account (the "Guaranteed Loan Funds Investment Account") established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Investment Account" (Attachment 2), which account shall be maintained for all Government Obligations purchased with funds from the Guaranteed Loan Funds Account. The Guaranteed Loan Funds Investment Account need only be established if and when the Borrower is required to invest, or otherwise invests, the Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 4 Guaranteed Loan Funds in Government Obligations. Such Letter Agreement must be executed when the Guaranteed Loan Funds Investment Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) All proceeds and income derived from such investments shall be returned to the Guaranteed Loan Funds Account. All funds in the Guaranteed Loan Funds Account or the Guaranteed Loan Funds Investment Account must be withdrawn and disbursed by the Borrower for approved activities by N/A . Any funds remaining in either Account after this date shall be immediately transferred to the Loan Repayment Account established pursuant to paragraph 6 of this Contract. (b) The Borrower shall by the fifteenth day of each month provide the Secretary with a written statement showing the balance of funds in the Guaranteed Loan Funds Account and the withdrawals from such account during the preceding calendar month, and a statement identifying the obligations and their assignments in the Guaranteed Loan Funds Investment Account, until such Accounts are fully disbursed. (c) Upon the Secretary giving notice that the Borrower is in Default under this Contract or the Note, all right, title, and interest of the Borrower in and to the Guaranteed Loan Funds and Guaranteed Loan Funds Investment Accounts shall immediately vest in the Secretary for use in making payment on the Note, purchase of Government Obligations in accordance with paragraph 10, or payment of any other obligations of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, in each case as elected by the Secretary in his sole discretion. 2. Payments Due on Note. The Borrower shall pay to the Fiscal Agent/Trustee, as collection agent for the Note, all amounts due pursuant to the terms of the Note. In accordance with the Note and the Fiscal Agency/Trust Agreements, payment shall be made by 3:00 P.M. (New York City time) on the seventh Business Day (the "Note Payment Date") preceding the relevant Interest Due Date or Principal Due Date (each as defined in the Note). If any Note Payment Date falls on a day that is not a Business Day, then the required payment shall be made on the next Business Day. Payment may be made by check or wire transfer. Upon final payment of all amounts due to Holders under the Note, including any payment made by the Secretary pursuant to the Guarantee, the Fiscal Agent/Trustee is required by the Fiscal Agency/Trust Agreements to return the Note to the Secretary. Upon final payment to the Secretary of any amounts due as a result of Guarantee Payments or otherwise due under Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* this Contract, the Secretary will cancel and return the Note to the Borrower in discharge of the Borrower's obligations under the Note. 5 3. Selection of New Fiscal Agent or Trustee. The Secretary shall select a new Fiscal Agent or Trustee if the Fiscal Agent or Trustee resigns or is removed by the Secretary. The Borrower hereby consents in advance to any such selection and to any changes in the Fiscal Agency/Trust Agreements agreed to by any Fiscal Agent or Trustee and the Secretary, subject to paragraph 4(d) of this Contract. 4. Payments Due Fiscal Agent or Trustee; Documents to the Secretary. (a) The Borrower agrees to pay the Borrower's share, as determined by the Secretary, of the customary and usual issuance, underwriting, and other costs related to the public offering and future administration of the Note and the trust certificates, as approved by the Secretary, including the cost of reimbursement and/or compensation of the Trustee pursuant to the Trust Agreement, including Sections 3.11 and 7.01 thereof. In connection with the public offering, such payment shall either be made by wire transfer to the Trustee on the day prior to the Public Offering Date or shall be deducted from the Guaranteed Loan Funds on the Public Offering Date. (b) The Borrower shall submit to the Secretary not later than twelve (12) Business Days prior to the Public Offering Date applicable to the Note, this executed Contract, the executed Note, and an opinion acceptable to the Secretary from the Borrower's counsel to the effect that: (i) the governing body of the Borrower has authorized by resolution or ordinance, in accordance with applicable State and local law, the issuance of the Note and the execution of this Contract; (ii) the Note and this Contract are valid, binding, and enforceable obligations of the Borrower; (iii) the pledge of funds pursuant to 24 CFR §570.705(b) (2) and paragraph 5(a) of this Contract is valid and binding; and (iv) there is no outstanding litigation that will affect the validity of the Note or this Contract. In addition, the Borrower shall submit any other additional documents or opinions specifically required by this Contract (e.g., paragraph 5(c), or paragraph 15, et seq.), at the time required thereby. (c) The Borrower agrees to reimburse the Underwriters upon demand by the Secretary for the Borrower's share, as determined by the Secretary, of all reasonable out-of-pocket expenses (including reasonable fees and disbursements of counsel) incurred in connection with a proposed public offering, if the Underwriters incur such additional costs for the public offering because the Borrower withdraws from the Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* offering within ten Business Days of the Public Offering Date, or if the Borrower fails for any reason timely to submit in acceptable form any document required by this Contract (including paragraph 4(b)) to be submitted before the Public Offering Date. By execution and delivery of this Contract to the Secretary, the Borrower hereby expressly authorizes the Secretary to pay amounts due under this paragraph from funds pledged under paragraph 5(a) of this Contract. (d) The undertakings in paragraphs 3 and 4 of this Contract are expressly subject to the requirement that the Fiscal Agency/Trust Agreements shall in no event require payment of fees or charges, reimbursement of expenses, or any indemnification by the Borrower from any source other than funds or other security pledged, as may be augmented by Borrower -specific terms for the benefit of the Secretary, pursuant to paragraphs C, 5, or 15, et seq., of this Contract. 5. Security. The Borrower hereby pledges as security for repayment of the Note, and such other charges as may be authorized in this Contract, the following: (a) All allocations or grants which have been made or for which the Borrower may become eligible under Section 106 of the Act, as well as any grants which are or may become available to the Borrower pursuant to Section 108(q). (b) Program income, as defined at 24 CFR 570.500(a) (or any successor regulation), directly generated from the use of the Guaranteed Loan Funds. (c) Other security as described in paragraph 15, et seq., or incorporated herein by paragraph C hereof, as applicable. (d) All proceeds (including insurance and condemnation proceeds) from any of the foregoing. (e) All funds or investments in the accounts established pursuant to paragraphs 1 and 6 of this Contract. 6. Loan Repayment Account. (a) All amounts pledged pursuant to paragraphs 5(b), 5(c), and 5(d) of this Contract shall be deposited immediately on receipt in a separate identifiable custodial account (the "Loan Repayment Account") with a financial institution whose deposits or accounts are Federally insured. The Loan Repayment Account shall be established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Account" (Attachment 1) and shall be maintained for such Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 7 pledged funds. The Loan Repayment Account need only be established if and when the Borrower receives amounts pledged pursuant to paragraph 5(b), 5(c) or 5(d). Such Letter Agreement must be executed when the Loan Repayment Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) Borrower shall make withdrawals from said account only for the purpose of paying interest and principal due on the Note (including the purchase of Government Obligations in accordance with paragraph 10 hereof), for payment of any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, or for the temporary investment of funds pursuant to this paragraph, until final payment and discharge of the indebtedness evidenced by the Note, unless otherwise expressly authorized by the Secretary in writing. Such temporary investment of funds shall be required within three Business Days after the balance of deposited funds exceeds the amount of the Federal deposit insurance on the Loan Repayment Account. At that time, any balance of funds in the Loan Repayment Account exceeding such insurance coverage shall be fully (100%) and continuously invested in Government Obligations, as defined in paragraph 10 hereof. All temporary investments, whether or not required as above, shall be limited to Government Obligations having maturities that are consistent with cash requirements for payment of principal and interest as required under the Note. In no event shall the maturities of such investments exceed one year. All such investments shall be held in trust for the benefit of the Secretary by the above financial institution in an account (the "Loan Repayment Investment Account") established and designated as prescribed in the attached form document entitled "Letter Agreement for Section 108 Loan Guarantee Program Custodial Investment Account" (Attachment 2), which account shall be maintained for all Government Obligations purchased with funds from the Loan Repayment Account. Such Letter Agreement must be executed when the Loan Repayment Investment Account is established. (A fully executed copy of such Letter Agreement shall be submitted to the Secretary within thirty days of its execution.) All proceeds and income derived from such investments shall be returned to the Loan Repayment Account. (b) Borrower shall by the fifteenth day of each month, provide the Secretary with a written statement showing the balance of funds in the Loan Repayment Account and the deposits and withdrawals of all funds in such account during the preceding calendar month and a statement identifying the obligations and their assignments in the Loan Repayment Investment Account, for any month in which there are funds in such Accounts. Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 8 (c) Upon the Secretary giving notice that the Borrower is in Default under this Contract or the Note, all right, title, and interest of the Borrower in and to the Loan Repayment and Loan Repayment Investment Accounts shall immediately vest in the Secretary for use in making payment on the Note, purchase of Government Obligations in accordance with paragraph 10, or payment of any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, in each case as elected by the Secretary in his sole discretion. 7. Use of CDBG, EDI or BEDI Funds for Repayment. Any funds available to the Borrower under Section 106 of the Act (including program income derived therefrom) are authorized to be used by the Borrower for payments due on the Note, Optional Redemption (as defined in the Note), payment of any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, or the purchase of Government Obligations in accordance with paragraph 10. Any funds specifically available to the Borrower for such payments or as a debt service reserve under an EDI Grant Agreement pursuant to Section 108(q) of the Act which supports the eligible project(s) and activities financed by the Note may also be used therefor; any other use of Section 108(q) funds for such purposes shall require the prior written approval of the Secretary. Unless otherwise specifically provided herein or unless otherwise expressly authorized by the Secretary in writing, the Borrower shall substantially disburse funds available in the Loan Repayment or the Loan Repayment Investment Accounts before funds from grants under Section 106 of the Act are withdrawn from the U.S. Treasury for such purposes. 8. Secretary's Right to Restrict Use of CDBG Funds to Repayment. Upon a determination by the Secretary that payments required by paragraph 2 and/or paragraph 4 of this Contract are unlikely to be made as specified, the Secretary may give the Borrower notice that the availability to the Borrower of funds pledged under paragraph 5(a) of this Contract for purposes other than satisfaction of the pledge is being restricted. This restriction shall be in an amount estimated by the Secretary to be sufficient to ensure that the payments referred to in paragraph 2 and/or paragraph 4 hereof are made when due. This restriction may be given effect by conditioning the restricted amounts to prohibit disbursement for purposes other than satisfaction of the pledge at the time such restricted funds are approved as grants, by limiting the Borrower's ability to draw down or expend the restricted funds for other purposes, and by disapproving payment requests submitted with respect to such grants for purposes other than satisfaction of the pledge. 9. Secretary's Right to Use Pledged Funds for Repayment. The Secretary may use funds pledged under paragraph 5(a) of this Contract or funds restricted under grants pursuant to paragraph 8 of this Contract to make any payment required of the Borrower Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 9 under paragraph 2 and/or paragraph 4, if such payment has not been timely made by the Borrower. 10 Defeasance. For purposes of this Contract, the Note shall be deemed to have been paid (defeased) if there shall have been deposited with the Trustee either moneys or Government Obligations (defined below), which in the sole determination of the Secretary, mature and bear interest at times and in amounts sufficient, together with any other moneys on deposit with the Trustee for such purpose, to pay when due the principal and interest to become due on the Note. The Aggregate Principal Amount of the Note or any unpaid Principal Amount may be so defeased, in whole or in part, as of any Interest Due Date, or any other Business Day acceptable to both HUD and the Borrower. In accordance with the Note and the Trust Agreement, the Borrower shall give timely notice and written instructions to the Secretary and the Trustee concerning any principal amounts proposed to be defeased, including any Optional Redemptions proposed, which instructions shall be approved by the Secretary. If the unpaid Aggregate Principal Amount of the Note guaranteed pursuant to this Contract shall be defeased and deemed to have been paid in full, then the Borrower shall be released from all agreements, covenants, and further obligations under the Note. "Government Obligation" means a direct obligation of, or any obligation for which the full and timely payment of principal and interest is guaranteed by, the United States of America, including but not limited to, United States Treasury Certificates of Indebtedness, Notes and Bonds - State and Local Government Series or certificates of ownership of the principal of or interest on direct obligations of, or obligations unconditionally guaranteed by, the United States of America, which obligations are held in trust by a commercial bank which is a member of the Federal Reserve System and has capital and surplus (exclusive of undivided profits) in excess of $100,000,000. 11 Default. (a) A Default under the Note and this Contract shall occur upon failure by the Borrower to: (i) pay when due an installment of principal or interest on the Note; or (ii) punctually and properly perform, observe, and comply with any covenant, agreement, or condition contained in: (A) this Contract, (B) any security agreement, deed of trust, mortgage, assignment, guarantee, or other contract securing payment of indebtedness evidenced by the Note, or (C) any future amendments, modifications, restatements, renewals, or extensions of any such documents. Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 10 (b) The Borrower waives notice of Default and opportunity for hearing with respect to a Default under paragraph 11(a). (c) In addition to Defaults under paragraph 11(a), the Secretary may declare the Note in Default if the Secretary makes a final decision in accordance with the provisions of section 111 of the Act and 24 CFR 570.913 (or any successor provisions), including requirements for reasonable notice and opportunity for hearing, that the Borrower has failed to comply substantially with title I of the Act. Notwithstanding any other provision, following the giving of such reasonable notice, the Secretary may, in the Secretary's sole discretion pending the Secretary's final decision, withhold the guarantee of any or all obligations not yet guaranteed on behalf of the Borrower under outstanding commitments, and/or direct the Borrower's financial institution to: refuse to honor any instruments drawn upon, or withdrawals from, the Guaranteed Loan Funds Account or the Loan Repayment Account initiated by the Borrower, and/or refuse to release obligations and assignments by the Borrower from the Guaranteed Loan Funds Investment Account or the Loan Repayment Investment Account. 12 Remedial Actions. Upon a Default or declaration of Default under this Contract, the Secretary may, in the Secretary's sole discretion, take any or all of the following remedial actions: (a) With any funds or security pledged under this Contract, the Secretary may (i) continue to make payments due on the Note, (ii) make an acceleration payment with respect to the principal amount of the Note subject to Optional Redemption as provided in Section B of the Note, (iii) purchase Government Obligations in accordance with paragraph 10 of this Contract, (iv) pay any interest due for late payment as provided in the Note, this Contract, or the Fiscal Agency/Trust Agreements, (v) pay any other obligation of the Borrower under this Contract or the Fiscal Agency/Trust Agreements, and/or (vi) pay any reasonable expenses incurred by the Secretary or the Fiscal Agent/Trustee as result of the Borrower's Default. (b) The Secretary may withhold the guarantee of any or all obligations not yet guaranteed or the disbursement of any or all grants not yet disbursed in full under outstanding guarantee commitments or grant approvals for the Borrower under Sections 108 and/or 106 of the Act. (c) The Secretary may direct the Borrower's financial institution to: refuse to honor any instruments drawn upon, or withdrawals from, the Guaranteed Loan Funds Account or the Loan Repayment Account by the Borrower, and/or refuse to release obligations and assignments by the Borrower from the Guaranteed Loan Funds Investment Account or the Loan Repayment Investment Account; and/or direct the Borrower and/or the Borrower's Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 11 financial institution to transfer remaining balances from the Guaranteed Loan Funds Account to the Loan Repayment Account. (d) With respect to amounts subject to Optional Redemption, the Secretary may accelerate the Note. (e) The Secretary may exercise any other appropriate remedies or sanctions available by law or regulation applicable to the assistance provided under this Contract, or may institute any other action available under law, to recover Guaranteed Loan Funds or to reimburse the Secretary for any payment under the Secretary's Guarantee or any reasonable expenses incurred by the Secretary as a result of the Default. (f) All notices and submissions provided for hereunder shall be in writing (including by telex, telecopier or any other form of facsimile communication) and mailed or sent or delivered, as to each party hereto, at its address set forth below or at such other address as shall be designated by such party in a written notice to the other party hereto. All such notices and other communications shall be effective when received as follows: (i) if sent by hand delivery, upon delivery; (ii) if sent by mail, upon the earlier of the date of receipt or five Business Days after deposit in the mail, postage prepaid; (iii) if sent by telex, upon receipt by the sender of an answer back; and (iv) if sent by telecopier, upon confirmed receipt. The Secretary: U.S. Dept. of Housing and Urban Development Attention: Paul Webster, Director Financial Management Division 451 7th Street SW, Room 7180 Washington, DC 20410 Borrower: City of National City Attn: Leslie Deese, City Manager City Manager's Office 1243 National City Blvd National City, CA 91950 13. Limited Liability. Notwithstanding any other provision of this Contract, the Fiscal Agency/Trust Agreements or the Note, any recovery against the Borrower for any liability for amounts due pursuant to the Note, the Fiscal Agency/Trust Agreements and this Contract shall be limited to the sources of security pledged in paragraphs C, 5, or any Special Conditions of or Modifications to this Contract, as applicable. Neither the general credit nor the taxing power of the Borrower, or of the State in which the Borrower is located, is pledged for any Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* payment due under the Note, the Contract, or the Fiscal Agency/Trust Agreements. 12 14 Incorporated Grant Agreement. The Contract and the Note are hereby incorporated in and made a part of the Grant Agreement authorized by the Secretary on under the Funding Approval for grant number B-00-MC-06-0560 to the Borrower. In carrying out activities with the Guaranteed Loan Funds hereunder, the Borrower agrees to comply with the Act and 24 CFR Part 570, as provided in Subpart M thereof. 15 Special Conditions and Modifications: (a) The Guaranteed Loan Funds shall be used only to pay principal amounts due or payable on or after August 1, 2015, under that certain promissory note issued by the Borrower and identified as Note Number B-00-MC-06-0560, Series 2003-A. The Guaranteed Loan Funds shall be deposited in a defeasance account established with the Trustee pursuant to the Contract for Loan Guarantee Assistance executed in connection with the issuance of such promissory note. The Borrower agrees to pay to the Trustee moneys in an amount equal to the amount of the interest to become due on such promissory note on August 1, 2015 for deposit in such defeasance account. Such payment shall be in addition to any payment required under paragraph 4(a) of this Contract and shall be made by wire transfer to the Trustee on the day prior to the Public Offering Date. In addition to the Secretary's rights under paragraph 9 of this Contract, the Secretary may use funds pledged under paragraph 5(a) of this Contract or funds restricted under grants pursuant to paragraph 8 of this Contract to make any payment required of the Borrower under this paragraph 15(a), if such payment has not been timely made by the Borrower. (b) Additional Grounds for Default. Notice of Default. Restriction of Pledged Grants. Availability of Other Remedial Actions. (i) The Borrower acknowledges and agrees that the Secretary's guarantee of the Note is made in reliance upon the availability of grants pledged pursuant to paragraph 5(a) (individually, a "Pledged Grant" and, collectively, the "Pledged Grants") in any Federal fiscal year subsequent to the Federal fiscal year ending September 30, 2014 to: (A) pay when due the payments to become due on the Note, or (B) defease (or, if permitted, prepay) the full amount outstanding on the Note. The Borrower further acknowledges and agrees that if the Secretary (in the Secretary's sole Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* 13 discretion) determines that Pledged Grants are unlikely to be available for either of such purposes, such determination shall be a permissible basis for any of the actions specified in paragraphs (ii) and (iii) below (without notice or hearing, which the Borrower expressly waives). (ii) Upon written notice from the Secretary to the Borrower at the address specified in paragraph 12(f) above that the Secretary (in the Secretary's sole discretion) has determined that Pledged Grants are unlikely to be available for either of the purposes specified in (A) and (B) of paragraph (i) above (such notice being hereinafter referred to as the "Notice of Impaired Security"), the Secretary may limit the availability of Pledged Grants by withholding amounts at the time a Pledged Grant is approved or by disapproving payment requests (drawdowns) submitted with respect to Pledged Grants. (iii) If after 60 days from the Notice of Impaired Security the Secretary (in the Secretary's sole discretion) determines that Pledged Grants are still unlikely to be available for either of the purposes specified in (A) and (B) of paragraph (i) above, the Secretary may declare the Note in Default and exercise any and all remedies available under paragraph 12. This paragraph (iii) shall not affect the right of the Secretary to declare the Note and/or this Contract in Default pursuant to paragraph 11 and to exercise in connection therewith any and all remedies available under paragraph 12. (iv) All notices and submissions provided for hereunder shall be submitted as directed in paragraph 12(f) above. [Rest of Page Intentionally Left Blank] Attachment 4 Contract for Fixed Rate Note, Entitlement, 4-06-15 *Defeasing* THE UNDERSIGNED, as authorized officials on behalf of the Borrower or the Secretary, have executed this Contract for Loan Guarantee Assistance, which shall be effective upon delivery of the Note and Guarantee as of the Public Offering Date (except that paragraphs 4 and 15(a) hereof shall be effective when this Contract is executed on behalf of the Borrower and delivered to the Secretary). 14 The City of National City, CA BORROWER BY: (Signature) (Name) (Title) (Date) SECRETARY OF HOUSING AND URBAN DEVELOPMENT BY: (Signature) Marion Mollegen McFadden (Name) Deputy Assistant Secretary for Grant Programs (Title) (Date) Attachment 5 April 21, 2015 Secretary of Housing and Urban Development 451 7th Street, SW Washington, DC 20410 Dear Sir or Madam: The undersigned, being duly licensed and in good standing to practice law in the State of California, is legal counsel to the City of National City ("Borrower"). As such, I have represented the Borrower regarding that certain promissory note, referred to as Note No. B-00- MC-06-0560, in the Aggregate Principal Amount of $4,140,000 ("Note"), to be executed by the Borrower payable to the order of the Registered Holder thereof, and to be guaranteed by the Secretary of Housing and Urban Development ("HUD") under section 108 of the Housing and Community Development Act of 1974, as amended, 42 U.S.C. 5308 ("Section 108"). The Note will be included in a trust created by HUD (together with other Section 108 Notes issued by other borrowers), and trust certificates based on the trust will be sold in the Series 2015-A public offering by underwriters selected by HUD. HUD's guarantee of the Note will be governed by the Contract for Loan Guarantee Assistance under Section 108 between the Borrower and HUD (the "Contract"), in which the Borrower pledges Community Development Block Grants pursuant to 24 CFR 570.705(b)(2), as well as any other security specified in the Contract, as security for HUD's guarantee. In my capacity as legal counsel, I have made an examination and investigation of all such matters of fact and questions of law as I consider necessary or advisable to enable me to render the opinion hereafter set forth. Specifically, and without limiting the generality of the foregoing, I have examined: 1. Resolution No. of the governing body of Borrower dated authorizing Borrower to enter into this transaction, and authorizing Ron Morrison, Mayo of the City of National City to execute on behalf of Borrower all documents necessary or desirable to accomplish the transaction. 2. The Contract. 3. The Note. 4. The Amended and Restated Master Fiscal Agency Agreement dated as of May 17, 2000, the Trust Agreement dated as of January 1, 1995, together with Amendment No. 1 thereto, dated June 30, 2004, and the form of Supplement to the Trust Agreement to be executed by the Secretary of HUD for the closing of the public offering. Based on the foregoing investigation and authorities, I am of the opinion that: Attachment 5 1. Borrower has authorized in accordance with applicable State and local law, the transaction, including issuance of the Note, the pledge of grant funds, and the execution of all documents necessary or desirable to accomplish the transaction. 2. Borrower has authorized, in his capacity as Mayor, to execute the Contract, the Note and all documents necessary or desirable to accomplish the transaction. 3. The Note and the Contract have been duly executed by the aforementioned authorized representative(s) of the Borrower, and upon delivery thereof, due execution of the Contract and Guarantee on behalf of HUD, and receipt of the loan proceeds on behalf of the Borrower, the Note and Contract, including the provisions for compensation of the Fiscal Agent/Trustee from funds pledged under the Contract (as incorporated therein), shall be valid, binding and enforceable obligations of the Borrower. 4. The pledge of present and future Community Development Block Grants by the Borrower pursuant to 24 CFR 570.705(b)(2) and the Contract is valid and binding. 5. There is no outstanding, or to my knowledge threatened, action, suit, proceeding, investigation or litigation by or against the Borrower that will affect the validity of the Note or the security therefor. Sincerely, Claudia G. Silva City Attorney Attachment 6 [6-24-11] SERIES 2015-A SUPPLEMENT TO TRUST AGREEMENT relating to $4,140,000 Aggregate Original Principal Amount SECTION 108 GOVERNMENT GUARANTEED PARTICIPATION CERTIFICATES, SERIES HUD 2015-A This SUPPLEMENT (the "Series 2015-A Supplement"), is entered into by the SECRETARY OF HOUSING AND URBAN DEVELOPMENT (the "Secretary") and THE BANK OF NEW YORK MELLON (successor to JPMorgan Chase Bank, N.A.), as trustee (the "Trustee") under the Trust Agreement, dated as of January 1, 1995, by and between the Trustee and the Secretary, as sponsor of a Trust created on behalf of certain units of general local government and public agencies designated by such units of general local government (as amended or supplemented from time to time, the "Agreement"). All capitalized terms used but not defined herein have the meanings ascribed thereto in the Agreement, as amended hereby. WITNESSETH WHEREAS, pursuant to the Agreement, the Trustee is to hold in trust certain Notes guaranteed by the Secretary and to issue Series 2015-A Certificates (the "Series 2015-A Certificates") evidencing beneficial interests in a trust consisting of such Notes (the "Trust"); and WHEREAS, pursuant to the Agreement, the Secretary and the Trustee are to enter into this Series 2010-A Supplement whereby the Secretary delivers the Notes and related Guarantee to the Trustee and the Secretary directs the Trustee to issue the Series 2015-A Certificates; NOW, THEREFORE, in consideration of these premises, the parties agree as follows: Attachment 6 1. Delivery and Acknowledgment. The Secretary hereby delivers to the Trustee (a) the Notes (together with any necessary endorsements thereon) listed on the attached Schedule 1, as identified by Borrower, Aggregate Principal Amounts, Principal Amounts, Principal Due Dates and interest rates and (b) the related Guarantee to hold in trust for the benefit of the Certificateholders. The Secretary acknowledges the terms and conditions of the Agreement and hereby agrees that the Trust shall be governed by the terms thereof as amended hereby. The term "Trust" as used herein shall refer to that Trust established as a result of the delivery to the Trustee of the Notes and related documents referred to herein. 2. Authority to Issue Certificates. The Secretary hereby directs the Trustee, as agent for the Secretary, to issue Series 2010-A Certificates with respect to the Trust as follows: a. Name of Series. The designation of the Series authorized hereby shall be "Section 108 Government Guaranteed Participation Certificates, Series HUD 2015-A, Guaranteed by the Secretary of Housing and Urban Development." b. Issuance of Certificates. Pursuant to Section 2.03 of the Trust Agreement, the Trustee is hereby authorized and directed to execute on behalf of the Secretary, authenticate and deliver, on this date, in the name of the Certificateholder, the Series 2015-A Certificates specified on the attached Schedule 2 against receipt of the Notes, the related Guarantee and this Series 2015-A Supplement. 3. Acknowledgments and Certifications. a. The Secretary hereby certifies that it has satisfied all conditions on its part to be performed or satisfied as a condition to the issuance of the foregoing Certificates. Without limiting the provisions of Section 3.11 and Section 7.01 of the Agreement, the Secretary further Attachment 6 certifies that the Trustee shall be paid, for services rendered in connection with the administration of the Trust assets listed on the attached Schedule 1, and pursuant to Section 7.01 of the Agreement, a fee of $20,700. b. The Trustee hereby acknowledges receipt of the Trust assets listed on the attached Schedule 1. c. This Series 2015-A Supplement shall constitute the Supplement referred to in Section 2.01 of the Agreement. 4. Modification and Ratification of the Agreement. a. Solely for purposes of this Series 2015-A Supplement and the Series 2015-A Certificates, the definition of "Note" in Article I of the Agreement is hereby deleted in its entirety and replaced as follows: "Note: Any note or other obligation issued by a Borrower, held by the Trustee on behalf of the Certificateholder(s) of a given Series, and guaranteed by the Secretary pursuant to Section 108, which is subject to this Agreement." b. Solely for purposes of this Series 2015-A Supplement and the Series 2015-A Certificates, the definition of "Record Date" in Article I of the Agreement is hereby deleted in its entirety and replaced as follows: "Record Date: With respect to a Series and any Certificates issued in global form, the Business Day immediately preceding a Distribution Date, and with respect to a Series and any Definitive Certificates, the 15th calendar day preceding a Distribution Date (whether or not a Business Day)." c. Solely for purposes of this Series 2015-A Supplement and the Series 2015-A Certificates, the first sentence of Section 2.01(b) of the Agreement is hereby deleted in its entirety and replaced as follows: Attachment 6 "Each of the Borrower's Notes shall be in the form of a fully registered note or other obligation, registered in the name of the Holder." d. Solely for purposes of this Series 2015-A Supplement and the Series 2015-A Certificates, Section 3.02 of the Agreement is hereby deleted in its entirety and replaced as follows: "Any term of any Note may be modified by such amendments as may be agreed upon from time to time by the Secretary and the Borrower under such Note. No such change in the terms of any Note shall alter or affect the Secretary's Guaranty of such Note on the basis of the original terms thereof, provided that the Notes shall not be modified in a manner that would cause the related Trust to fail to be a "grantor trust" for federal income tax purposes, as intended in Section 4.02." e. Solely for purposes of this Series 2015-A Supplement and the Series 2015-A Certificates, the first paragraph of Section 3.03 of the Agreement is hereby deleted in its entirety and replaced as follows: "If so provided in the applicable Note (subject to the provisions set forth herein and in such Notes) certain Principal Amounts of the Notes may be prepayable in whole or in part at the option of the Borrower as of any Interest Due Date on or after the initial date for Optional Redemption as specified in the related Note. If no initial date for Optional Redemption is indicated in the applicable Note, no Principal Amount stated therein for such Note will be payable prior to the Note Payment Date preceding the related Principal Due Date. In order to elect an Optional Redemption of a prepayable Principal Amount, the Borrower shall Attachment 6 give notice to the Trustee, through the Secretary, of its intention to make a prepayment of principal not less than sixty (60) days nor more than ninety (90) days prior to the Interest Due Date as of which the Borrower intends to make such prepayment. The Trustee shall promptly send an acknowledgment of timely receipt, through the Secretary, of a Borrower's notice of Optional Redemption to the Director, Financial Management Division. Consistent with any such notice of Optional Redemption, the Trustee shall give notice thereof to the related Certificateholders not less than thirty (30) nor more than sixty (60) days prior to the desired redemption date. With respect to any notice by a Borrower of its intention to prepay a Note, once given by a Borrower, such notice of an Optional Redemption may not be revoked by the Borrower after the Trustee has provided notice of such Optional Redemption to the related Certificateholders. Any revocation of such notice after the Trustee has provided notice of such Optional Redemption to said Certificateholders shall be an Event of Default under the corresponding Contract. The Trustee shall apply any payments received in respect of permitted Optional Redemptions to the outstanding Principal Amount of the related Note designated in the instructions of the related Borrower set forth in the above notice of prepayment, in each case, as approved in writing by the Secretary. Notwithstanding any contrary provision in a Note with respect to the time by which payments in respect of permitted Optional Redemptions shall be received by the Trustee (the "Payment Deadline"), the related Borrower shall be entitled to make such payments to the Trustee by no later than 10:00 AM New York City time on the related Interest Due Date without thereby violating the Payment Attachment 6 Deadline. Notwithstanding anything in this Section 3.03 to the contrary, notice by the Trustee of an Optional Redemption that constitutes a final payment with respect to a Certificate shall be given in accordance with, and subject to the provisions of, Section 9.02." f. Solely for purposes of this Series 2015-A Supplement and the Series 2015-A Certificates, the first and second paragraphs of Section 3.07 of the Agreement are hereby deleted in their entirety and replaced as follows: Any Borrower may defease the unpaid aggregate Principal Amount of a Note, or the unpaid Principal Amount due on a Principal Due Date, in whole or in part, at any time, subject to the corresponding Contract and this Agreement. For each Note or Principal Amount (or portion thereof) that the related Borrower elects to defease, the Borrower shall establish and maintain with the Trustee a trust account (a "Defeasance Account"), separate and apart from all other accounts of such Borrower and the Trustee. The Borrower shall irrevocably deposit into such account either moneys or Government Obligations that, in the sole discretion of the Secretary, mature and bear interest at times and in amounts sufficient, together with the moneys already on deposit with the Trustee for such purpose, to pay when due the principal and interest to become due with respect to the related Principal Amount (or portion thereof) that the Borrower elects to defease, in accordance with the notice of the Borrower as specified below. The Borrower's election to defease shall be evidenced by giving written notices to the Trustee and the Secretary, which notices shall authorize and direct the establishment of the related Defeasance Account, shall specify the money and Attachment 6 Government Obligations to be deposited therein and shall specify the particular Principal Amounts (or portions thereof) being defeased and the related Principal Due Date(s) and Optional Redemption Date(s) (consistent with the related Note and Contract). For all purposes of this Agreement, to the extent that a Principal Amount (or portion thereof) is so specified for defeasance in accordance with the Contract, such specification shall constitute an election to redeem on the date specified in the foregoing notice for purposes of the related Note, subject to approval of the Secretary. Upon and in accordance with the Secretary's instructions pursuant to the corresponding Contract, the Trustee shall apply so much of the sums deposited into a Defeasance Account as shall be necessary to purchase the Government Obligations designated by the Secretary's instructions. If the funds deposited were insufficient, or there were excess funds deposited, the Trustee shall follow the Secretary's directions as to the disposition of such funds." g. The Agreement as modified and supplemented by this Series 2010-A Supplement with respect to the Series 2015-A Certificates (but which modification and supplement shall not apply to any other Series of Certificates unless otherwise specified in the related Supplement for such Series of Certificates) is in all respects ratified and confirmed, and the Agreement as so modified and supplemented by this Series 2015-A Supplement shall be read, taken and construed as one and the same instrument. Attachment 6 IN WITNESS WHEREOF, the parties have caused this Series 2015-A Supplement to be executed as of the day of SECRETARY OF HOUSING AND URBAN DEVELOPMENT By: Name: Title: THE BANK OF NEW YORK MELLON, as Trustee By: Name: Title: Authorized Signer SCHEDULE 1 TO SERIES -A SUPPLEMENT TO TRUST AGREEMENT TRUST ASSETS ASSIGNED TO TRUSTEE PRINCIPAL PRINCIPAL AMOUNT DUE DATE INTEREST RATE Attachment 6 Attachment 6 BORROWER INFORMATION [See Attached] Attachment 6 SCHEDULE 2 TO SERIES -A SUPPLEMENT TO TRUST AGREEMENT CERTIFICATES TO BE ISSUED CUSIP Number Principal Amount Maturity Date' Interest Rate 1 Principal amounts due on or after August 1, 20 are subject to earlier payment on any Interest Due Date on or after August 1, 20 upon an Optional Redemption or an Acceleration Event. RESOLUTION NO. 2015 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY TO PARTICIPATE IN A U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT PUBLIC OFFERING AS PART OF THE SECTION 108 LOAN GUARANTEE ASSISTANCE PROGRAM TO REFINANCE THE EXISTING NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $6,900,000 USED TO FUND THE CONSTRUCTION OF FIRE STATION 34 WHEREAS, on July 15, 2003, the City Council adopted Resolution No. 2003- 103 authorizing an application seeking loan guarantee assistance under Section 108 of the Housing and Community Development Act of 1974, as amended, from the United States Department of Housing and Urban Development ("HUD"), and accepting HUD's guarantee of Section 108 note number B-00-MC-06-0560 for the construction of the new main fire station, Fire Station 34, under a Section 108 Contract for Loan Guarantee Assistance executed by the Mayor on July 20, 2003; and WHEREAS, the assistance provided by HUD was the guarantee of a note in the original principal amount of $6,900,000, plus interest thereon; and WHEREAS, HUD has notified the City of National City ("Borrower") that a public offering will occur in May 2015, and to participate, the Borrower must immediately notify HUD of its intention to refinance all or a portion of its existing Section 108 commitment through the public offering; and WHEREAS, HUD may require, as a condition of participation in the public offering, that the Borrower execute documents related to the transaction, and whereas the Borrower has previously agreed to pay the Borrower's share, as determined by HUD, of the customary and usual issuance, underwriting, and other costs related to the public offering and future administration of the Note and the trust certificates; and WHEREAS, it is economically sound and in the best interest of the Borrower to accept more favorable fixed rates of interest under the Section 108 Loan Guarantee Program offered by HUD under the public offering. NOW THEREFORE BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor, or his duly authorized agent, to notify HUD of the City of National City's desire to participate in the May 2015 public offering by HUD through the Loan Guarantee Assistance Program under Section 108 of the Housing and Community Development Act of 1974, as amended, for the existing obligation B-00-MC-06-0560 in the original principal amount of $6,900,000, and to refinance the current estimated amount of $4,140,000 at such rates of interest that will be determined by HUD at the time of the public offering. BE IT FURTHER RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the necessary documents as required by HUD to refinance the existing guaranteed Section 108 Note, and to execute such other documents, contracts, amendments, and agreements with HUD. BE IT FURTHER RESOLVED that the City Council hereby authorizes payment of any required fees, as may be necessary to effectuate this refinancing transaction. Resolution No. 2015 — Page Two PASSED and ADOPTED this 21st day of April, 2015. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney CC/CDC-HA Agenda 4/21/2015 — Page 196 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — `Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 14, 2015 to May 15, 2015. (Neighborhood Services) CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 ITEM TITLE: Temporary Use Permit — `Every Fifteen Minutes' hosted by the National City Police Department at Sweetwater High School from May 14, 2015 to May 15, 2015. AGENDA ITEM NO. PREPARED BY: Vianey Rivera PHONE: 019) 336=4364 EXPLANATION: DEPARTMENT: NPitfi1h17r>Jr ririri�or�rir roc Div Sinn APPROVED BY: i! This is a request from the National City Police Department to conduct the 'Every Fi en Minutes' simulation at Sweetwater High School from May 14 to May 15, 2015. This event is a simulation of the real -life experience without the real -life risks and consequences of drinking alcohol and texting while driving. This event includes the participation of our Police and Fire Department, High School Staff, local hospitals, video production crew, community officials, District Attorney's Office, funeral homes, and a wide cross-section of the community at -large. Event organizers are requesting street closures of Highland Avenue from 28th Street to 30th Street on May 14, 2015 from 8 a.m. to 12 p.m. to display a mock traffic collision. May 14th will be the only day where City services are being requested. The May 15th date will involve activities both on campus and at outside facilities and agencies. Residents in the area will be notified regarding the event and street closure. The school will also send out notification to students of this event. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: The City has incurred $237.00 for processing the TUP and $215.94 for Public Works. Total Fees are $452.94 All fees will be paid via Police Grant pNVIRONMENTAL REVIEW. N/AI ORDINANCE: INTRODUCTION: FINAL ADOPTION: I STAFF RECOMMENDATION: ;Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval. All fees for this event will be paid via Police Grant. BOARD / COMMISSION RECOMMENDATION: N/ ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. Finance MIS CALIFORNIA NJ�,ti'I r,��L t '�� -� y�ere� „_�• CORPORATE Neighborhood Services Divison Temporary Use Permit Application 1243 National City Boulevard/ National City, CA 91950 * Ph. 619-336-4364 * Fax 619-336-4217 Type of Event: _ Public Concert _ Fair _ Festival _ Community vent _ Parade _ Demonstration Circus Block Party Motion Picture _ Grand Opening X Other School Educational Event Event Title: Every 15 Minutes Event Location: Sweetwater High School - 2900 Highland Avenue Event Date(s): From 05/14/15 to 05/15/15 Actual Event Hours: 0800 am/pm to 1200 am/pm Total Anticipated Attendance: 1200 ( 40 Participants 1150 Spectators) Setup/assembly/construction Date: 05/14/15 Start time: 0800 Please describe the scope of your setup/assembly work (specific details): Please see Attachment "A" "B" and "C". Dismantle Date: 05/14/15 Completion Time: 1200 am/pm List any street(s) requiring closure as a result of this event. Include street name(s), day and time of closing and day and time of reopening. 05/14/15 - 0800-1200 Closure of Highland Avenue from 28th Street to 30th Street SPP Attached Traffic Plan fnr Details - Attachment "C" Sponsoring Organization: National City Police Department Chief Officer of Organization (Name) Lieutenant Graham Young Applicant (Name): National City Police Department Address: 1200 National City Boulevard Daytime Phone: (81 9) 336-4514 Evening Phone: (619) 599-5796 Fax: ( 336-4454 E-Mail: gyoung@nationalcityca.gov Contact Person "on site" day of the event: G. Young Cellular: 619-599-5796 NOTE: THIS PERSON MUST BE IN ATTENDANCE FOR THE DURATION OF THE EVENT AND IMMEDIATELY AVAILABLE TO CITY OFFICIALS Is your organization a "Tax Exempt, nonprofit" organization? X YES _ NO Are admission, entry, vendor or participant fees required? _ YES X NO If YES, please explain the purpose and provide amount(s): $ 0.00 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 60,000 Estimated Expenses for this event. $ 0.00 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Please provide a DETAILED DESCRIPTION of your event. Include details regarding any components of your event such as the use of vehicles, animals, rides or any other pertinent information about the event. Please See Attached Documents for Details Please see Attachment "A", "B" and "C" for details _ YES X NO If the event involves the sale of cars, will the cars come exclusively from National City car dealers? If NO, list any additional dealers involved in the sale: _ YES X NO Does the event involve the sale or use of alcoholic beverages? YES X NO Will items or services be sold at the event? If yes, please describe: X YES _ NO Does the event involve a moving route of any kind along streets, sidewalks or highways? If YES, attach a detailed map of your proposed route indicate the direction of travel, and provide a written narrative to explain your route. X YES _ NO Does the event involve a fixed venue site? If YES, attach a detailed site map showing all streets impacted by the event. YES X NO Does the event involve the use of tents or canopies? If YES: Number of tent/canopies Sizes NOTE: A separate Fire Department permit is required for tents or canopies. YES X NO Will the event involve the use of the City or your stage or PA system? SPECIFY: In addition to the route map required above, please attach a diagram showing the overall layout and set-up locations for the following items: Alcoholic and Nonalcoholic Concession and/or Beer Garden areas. Food Concession and/or Food Preparation areas Please describe how food will be served at the event: If you intend to cook food in the event area please specify the method: GAS ELECTRIC CHARCOAL OTHER (Specify): Portable and/or Permanent Toilet Facilities Number of portable toilets: (1 for every 250 people is required, unless the applicant can show that there are facilities in the immediate area available to the public during the event) Tables # and Chairs # Fencing, barriers and/or barricades Generator locations and/or source of electricity Canopies or tent locations (include tent/canopy dimensions) Booths, exhibits, displays or enclosures Scaffolding, bleachers, platforms, stages, grandstands or related structures Vehicles and/or trailers Other related event components not covered above Trash containers and dumpsters (Note: You must properly dispose of waste and garbage throughout the term of your event and immediately upon conclusion of the event the area must be returned to a clean condition.) Number of trash cans: Trash containers with lids: Describe your plan for clean-up and removal of waste and garbage during and after the event: Tow Companies Will Provide Clean Up on Streets Affected Please describe your procedures for both Crowd Control and Internal Security: NCPD, NCFD, CHP will be on scene running the event. School Officials will be responsible for the students in attendance. _ YES X NO Have you hired any Professional Security organization to handle security arrangements for this event? If YES, please list: Security Organization: Security Organization Address: Security Director (Name): Phone: X YES _ NO Is this a night event? If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: Parent retreat at the Sweetwater High School Student Retreat at Pine Valley Bible Camp. Please indicate what arrangement you have made for providing First Aid Staffing and Equipment. NCPD, NCFD, AMR will be on scene running the event. Please describe your Accessibility Plan for access at your event by individuals with disabilities: Streets and School are all compliant with ADA regulations. Please provide a detailed description of your PARKING plan: Parking will be provided on Sweetwater High School grounds. Please describe your plan for DISABLED PARKING: Parking for the disabled will be provided by Sweetwater High School Please describe your plans to notify all residents, businesses and churches impacted by the event: NCPD personnel will make contact with residents/businesses in the area. NOTE: Neighborhood residents must be notified 72 hours in advance when events are scheduled in the City parks. YES _ NO Are there any musical entertainment features related to your event? If YES, please state the number of stages, number of bands and type of music. Number of Stages: N/A Number of Bands: N/A Type of Music: Jammin' Z90 at lunch Sweetwater HS on 05/15/15 X YES _ NO Will sound amplification be used? If YES, please indicate: Start time: 1200 am/pm Finish Time 1300 am/pm _ YES X NO Will sound checks be conducted prior to the event? If YES, please indicate: Start time: am/'pm Finish Time am/pm Please describe the sound equipment that will be used for your event: _ YES XNO Fireworks, rockets, or other pyrotechnics? If YES, please describe: YES X NO Any signs, banners, decorations, special lighting? If YES, please describe: Revised 02/29/12 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City, its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. Organization National City Police Department Person in Charge of Activity Lieutenant Graham Young Address 1200 National City Boulevard Telephone 619-336-4514 Date(s) of Use 05/14/15 - 05/15/15 HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend, indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant Official Title Date For Office Use Only Certificate of Insurance Approved Date ATTACHMENT "A" EVERY 15 MINUTES DESCRIPTION The Every 15 Minutes Program offers real -life experience without the real -life risks. This emotionally charged program, entitled Every 15 Minutes, is an event designed to dramatically instill teenagers with the potentially dangerous consequences of drinking alcohol and texting while driving. This powerful program will challenge students to think about drinking, texting while driving, personal safety, and the responsibility of making mature decisions when lives are involved. During the first day events the "Grim Reaper" calls students who have been selected from a cross-section of the entire student body out of class. One student is removed from class every 15 minutes. A police officer will immediately enter the classroom to read an obituary which has been written by the "dead" student's parent(s) - explaining the circumstances of their classmate's demise and the contributions the student has made to the school and the community. A few minutes later, the student will return to class as the "living dead," complete with white face make-up, a coroner's tag, and a black Every 15 Minutes T-shirt. From that point on "victims" will not speak or interact with other students for the remainder of the school day. Simultaneously, uniformed officers will make mock death notifications to the parents of these children at their home, place of employment or business. After lunch, a simulated traffic collision will be viewable on the school grounds. Rescue workers will treat injured student participants. These students will experience first-hand, the sensations of being involved in a tragic, alcohol -related and texting while driving collision. The coroner will handle fatalities on the scene, while the injured students will be extricated by the jaws -of -life manned by Fire -Fighters and Paramedics. Police Officers will investigate, arrest, and book the student "drunk driver". Student participants will continue their experience by an actual trip to the morgue, the hospital emergency room, and to the police department jail for the purpose of being booked for "drunk driving". At the end of the day, those students who participated in the staged accident as well as those who were made-up as the "living dead" will be transported to a local hotel for an overnight student retreat. The retreat will simulate the separation from friends and family. A support staff of counselors and police officers will facilitate the retreat. During the most powerful program of the retreat, the students will be taken through an audio - visualization of their own death. Then each student will write a letter to his or her parents starting out with ... "Dear Mom and Dad, every fifteen minutes someone in the United States dies from an alcohol related traffic collision, and today 1 died. I never had the chance to tell you Parents will also be asked to write similar letters to their children. These letters will be shared the following day when students and parents will be reunited at a school assembly. The students will engage in challenging and interactive exercises. Impaired simulator goggles will be used to allow students to experience firsthand the potentially fatal consequences of alcohol and drug impairment. The goggles will allow students the opportunity to understand the dangers of impaired driving without taking a drop of alcohol or using drugs of any type. Research shows that those who learn from hands-on experience retain two to four times more than those who learn from just listening, or from listening and seeing. "Grim Reaper" and the staged crash. The assembly will be hosted by an Officer (Project Coordinator), who will guide the audience through the devastating effects of losing a loved one due to a bad choice. Speakers will include students who will read letters to their parents, police officers, and hospital personnel who shared their emotional trauma of dealing with kids killed in traffic crashes. Parents will share their personal reflections of their involvement in this program. We will also have a powerful speaker who actually lost a child to a drunk driver, or as the result of driving while under the influence or texting while driving. The focus of the assembly stresses that the decision to consume alcohol can affect many more people than just the one who drinks and the dangers of texting while driving. This very emotional and heart -wrenching event will illustrate to students the potentially dangerous consequences of their use of alcohol and texting while driving, regardless of how casual they believe their use is. This event includes the participation of our Police and Fire Departments, High School Staff, Local Hospital, Video Production Crew, Community Officials, District Attorney's Office, Funeral Homes and a wide cross-section of the community at -large. It is our goal to utilize the strength, talent and resources of business and industry to prevent drunk driving and texting while driving. ATTACHEMNT "B" SCHEDULE of EVENTS May 14, 2015 Mock Traffic Collision / Students Removed From Classrooms 7:00 Meet at Sweetwater High School for Traffic Control/Moulage artists/student check -in 7:45 Shutdown traffic on Highland Avenue, start diverting traffic to other streets (parking Enforcement, CSO's and traffic units). 8:00 Highland Avenue shut down from 24th Street to 30th Street (business/residences between 24th street and 28th street will be allowed access from 24th street — no traffic between 28th Street and 30th Street). See attached traffic plan. 9:00 Mock traffic collision vehicles in place (vehicles obtained from tow contractors). 10:00 NCFD, AMR, NCPD staged in the "El Super" lot. 11:00 Event begins - Students let out to observe the mock collision. 12:00 Mock traffic collision completed, students will return to classroom. 12:30 lunch for students/participants 1:30 Shuttle students and participants to South Bay Court for mock trial. 2:00 Mock trial starts 4:00 Bus students and chaperones to student retreat location (Pine Valley Bible Campus) 5:00 Dinner for students and chaperones/guest speakers. 6:00 Student team -building at student retreat/parent retreat at Sweetwater High School. 9:00 lights out SCHEDULE of EVENTS May 15, 2015 Assembly May 15th 2015 7:00 Load students on the bus from the retreat 8:30 Arrive at school start to get dressed 10:50 Students are released from class to gym 11:00 Assembly starts and "Living Dead" enter gym while slide show plays 11:10 Poem, "Why am I the one to die?" 11:15 Every 15 Minute video 11:30 Introduction -Officer Macias 11:35 Parent and Student reads "Good by" letter 11:40 Key Note Speaker- Michelle Eastland 11:45 Guest Speaker -Honorable Judge Ana Espana 11:50 Guest Speaker - Chief Manuel Rodriguez 11:55 Student Key Chain Challenge-Tre Z-90 12:00 Lunch, Z90 provides music UN, ATTACHEMENT "C" TRAFFVC CONTROL PLAN OPERATIONS TIMES 0700 HOURS —1200 HOURS O 0700 Hours Stage at areas where traffic is going to be affected. O 0730 Hours start shutting down the affected streets. O 0800 hours all affected streets will be closed to through traffic. m 1200 hours the traffic post will be completely opened for regular traffic on all streets. 24th Street and Highland Avenue O Close northbound traffic just south of the 7-11 south entrance to through traffic o Traffic Post manned by two (2) CSO's, PSO's or officers. o Residents and business owners will be allowed to pass this location with identification checks by posted personnel (28th Street is the furthest location south they may travel). o Street signs and cones patters set up as follow: ® Eastbound 24th Street "no right turn" sign on to Highland Avenue south. ® Westbound 24th Street "no left turn" sign on to Highland Avenue south. • Southbound Highland Avenue at 24th Street "road dosed to through traffic" sign. 30th Street and Highland Avenue O Close northbound traffic just south of the intersection of 30th Street to through traffic — o Traffic will be diverted using a cone pattern east and west, though traffic lanes coned off. o Traffic Post manned by two (2) CSO's, PSO's or officers. o Street signs and cones patters set up as follow: ® Eastbound 30th Street "no right turn" sign on to Highland Avenue north. ® Westbound 30th Street "no left turn" sign on to Highland Avenue north. ▪ Northbound Highland Avenue at 30th Street "road closed to through traffic" sign. 28th Street and Highland Avenue (700-800 block) O Close Southbound traffic - only northbound traffic is allowed — o Traffic will be diverted using a cone pattern north on Highland Avenue. o Vehicle coming south on Highland Avenue will either have to make a U-turn at this location and head back northbound or make an eastbound turn on East 28th Street. o Traffic Post manned by one (1) CSO's, PSO's or officers. o Street signs and cones patters set up as follow: Eastbound 28th Street "no right turn" sign on to Highland Avenue south. "D" 28th Street and Highland Avenue (800-900 block) ® Close southbound traffic — only northbound traffic allowed — o Traffic will be diverted using a cone pattern north on Highland Avenue. o Vehicle coming south on Highland Avenue will either have to make a U-turn at this location and head back northbound or make an eastbound turn on East 28th Street. o Traffic Post manned by one (1) CSO's, PSO's or officers. o Street signs and cones patters set up as follow: ® Eastbound 28t' Street "no left turn" sign on to Highland Avenue south. "E" Mobile Gas Station and Audio Sound Business (corner of 30th Street and Highland Avenue) • The north exit of the gas station on Highland Avenue will have a semi -circle cone pattern in the #2 lane so that customers can go to the audio sound business located directly next to the Mobil Gas station to the north. Through traffic to the north on Highland will not be allowed o Cone pattern — semi circle o Traffic Post manned by one (1) CSO's, PSO's or officers. STATE OF CALIFORNIA FACTUAL DIAGRAM CHP 555 Page 4(Rev. 1-03) OPI 061 Page of DATE OF COLLISION (MO. DAY YEAR) TIME (2400) NCIC # OFFICER I.D. NUMBER ALL MEASUREMENTS ARE APPROXIMATE AND NOT TO SCALE UNLESS STATED (SCALE = 24TH STREET /it A 28TH STREET SWEETWATER H.S. C LTH STREET B E HIGHLAND AVE. INDICATE NORTH A D 28TH STREET B PREPARED BY I.D. NUMBER MO. DAY YEAR REVIEWER'S NAME MO. DAY YEAR 0SP 03 75578 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DIVISION APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDED APPROVALS AND CONDITIONS OF APPROVAL SPONSORING ORGANIZATION: National City Police Department EVENT: Every Fifteen Minutes DATE OF EVENT: May 15-16, 2013 TIME OF EVENT: 8 a.m. — 6 p.m. APPROVALS: DEVELOPMENT SERVICES COMMUNITY SERVICES RISK MANAGER PUBLIC WORKS FINANCE FIRE POLICE CITY ATTORNEY NEIGHBORHOOD SERVICES YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] YES [x] NO [ ] SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS SEE CONDITIONS CONDITIONS OF APPROVAL: PUBLIC WORKS (619) 336-4590 Street Division: The cost for the street closure for this event. 1. Staff will post "No Parking" signs in effected street before the event. 2. Staff will install barricades to the effected streets prior to the event and remove them after at the conclusion of the event. 3. The cost to provide street personal support for this event is estimated to be. • "No Parking " signs • Barricades • Equipment • Man Hrs. 16 X $0.45 = $ 7.20 6X$0.35= $ 2.10 4X$19.09=$ 76.36 4 X $32.57 = $ 130.28 Total = $ 215.94 Facilities Division: No involvement by custodial or trade personnel. Parks Division: No involvement. FIRE (619) 336-4554 Stipulations required by the Fire Department for this event are as follows: Fire has no comment with this event. Fire will be aware of road closure. DEVELOPMENT SERVICES (619) 336-4318 Engineering has prepared a formal Traffic Control Plan for this TUP as it affects Highland Avenue, one of our main North/South thoroughfares. Please see attached. COMMUNITY SERVICES No comments RISK MANAGER Applicant to provide insurance certificate and specific endorsement naming the City of National City as an additional named insured, we should then be ok to proceed. CITY ATTORNEY Requires an indemnification and hold harmless agreement, and a policy of general liability insurance, with the City and its officials, employees, agents and volunteers as additional insureds, with amounts of coverage to be determined by the Risk Manager. POLICE No stipulations. We have been working with legal, risk assessment and the rest of the City departments. NEIGHBORHOOD SERVICES No stipulations FINANCE Finance has no involvement. CC/CDC-HA Agenda 4/21/2015 — Page 214 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 authorizing the Executive Director to execute a Subordination Agreement with Summercrest Apartments, L.P. subordinating the Project Deed of Trust that secure CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: April 21, 2015 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute a Subordination Agreement with Summercrest Apartments, L.P. subordinating the Project Deed of Trust that secures the Declaration of Covenants, Conditions and Restrictions (Tenant Restrictions) on 372 rental units at 2721 Plaza Boulevard in National City. PREPARED BY: Carlos Aguirre, Community Dev. Mana erl DEPARTMENT: Hfr ousing, Grants, &Asset Management PHONE: 1619 336-4391I APPROVED EXPLANATION: Summercrest Apartments, L.P., a limited partnership organized under the laws of the State of Delaware ("Borrower") is the owner of a 372 unit multifamily rental housing project ("Project") known as Summercrest Apartments located at 2721 Plaza Boulevard in National City. In 2001, the Community Development Commission ("CDC -HA") made a loan for $500,000 from the HOME Investment Partnerships Program and the Low and Moderate Income Fund to assist in the substantial rehabilitation of the Project and the loan was paid in full to the CDC -HA when the property was sold to the Borrower in 2013. In consideration of receiving financial assistance, the CDC -HA restricted the affordability of 370 units through April 15, 2032 by recording a Declaration of Covenants, Conditions, and Restrictions ("Declaration") and securing the Declaration with a Project Deed of Trust ("Deed of Trust"). The Borrower desires to refinance the Project with a new mortgage for the original principal amount of $38,000,000 from Oak Grove Commercial Mortgage, LLC ("Lender"). In order to provide the loan, the Lender requires the subordination of the Project Deed of Trust that secures the Declaration. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: There is no fiscal impact to the CDC -HA. ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the adoption of a resolution to execute the Subordination Agreement BOARD / COMMISSION RECOMMENDATION: ;NIA; ATTACHMENTS: 1. Subordination Agreement Attachment No. 1 RECORDING REQUESTED BY: OAK GROVE COMMERCIAL MORTGAGE, LLC, 2177 Youngman Avenue, Suite 300, St. Paul, MN 55116 Attention: Loan Servicing WHEN RECORDED RETURN TO: Thomas P. Wild, Esq. Wild Law Group, LLC 475 Wall Street Princeton, New Jersey 08540 SPACE ABOVE LINE FOR RECORDER'S USE SUBORDINATION AGREEMENT GOVERNMENTAL ENTITY (Revised 3-1-2014) Subordination Agreement — Governmental Entity Page 1 Attachment No. 1 Freddie Mac Loan Number: Property Name: Summercrest Apartments SUBORDINATION AGREEMENT GOVERNMENTAL ENTITY (Revised 3-1-2014) THIS SUBORDINATION AGREEMENT ("Agreement") is entered into this day of , 2015, by and between (i) OAK GROVE COMMERCIAL MORTGAGE, LLC, a limited liability company organized and existing under the laws of the State of Delaware ("Senior Mortgagee") and (ii) COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, acting in its capacity as the Housing Authority of the City of National City ("Subordinate Mortgagee"). RECITALS A. Summercrest Apartments, L.P., a limited partnership organized under the laws of the State of Delaware ("Borrower") is the owner of certain land located in San Diego County, California, described in Exhibit A ("Land"). The Land is improved with a multifamily rental housing project ("Improvements"). B. Senior Mortgagee has made or is making a loan to Borrower in the original principal amount of $[38,000,000] ("Senior Loan") upon the terms and conditions of a Multifamily Loan and Security Agreement dated as of the date hereof between Senior Mortgagee and Borrower ("Senior Loan Agreement") in connection with the Mortgaged Property. The Senior Loan is secured by a Multifamily Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing, dated as of the date hereof ("Senior Mortgage") encumbering the Land, the Improvements and related personal and other property described and defined in the Senior Mortgage as the "Mortgaged Property." C. Subordinate Mortgagee is the holder of a Declaration of Covenants and Restrictions (Tenant Restrictions)("Regulatory Agreement"), dated December 18, 2001, executed by Plaza Manor Preservation, L.P. and recorded June 19, 2002 in the office of the County Recorder of San Diego County, California ("Recording Office") as Document Number 2002-0518422 and assumed by Borrower pursuant to a certain Assignment and Assumption of Declaration of Covenants and Restrictions and Deed of Trust dated December 19, 2013 and recorded in the Recorder's Office as Instrument No. ("Assumption Agreement") which Regulatory Agreement is secured by that certain Project Deed of Trust encumbering all or a portion of the Mortgaged Property, dated December 18, 2001, executed by Plaza Manor Preservation, L.P. and recorded June 19, 2002 in the Recorder's Office as Instrument No.2002-0518423 ("Subordinate Mortgage") as assumed by the Borrower pursuant to the Assumption Agreement. Subordination Agreement — Governmental Entity Page 2 Attachment No. 1 D. The Senior Mortgage will be recorded in the Recording Office concurrently herewith. E. The execution and delivery of this Agreement is a condition of Senior Mortgagee's making of the Senior Loan. NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which are acknowledged, the parties agree as follows: 1. Definitions. The following terms, when used in this Agreement (including, as appropriate, when used in the above recitals), will have the following meanings. (a) The terms "Condemnation," "Imposition Deposits," "Impositions," "Leases," "Rents" and "Restoration," as well as any term used in this Agreement and not otherwise defined in this Agreement, will have the meanings given to those terms in the Senior Loan Agreement. (b) "Bankruptcy Proceeding" means any bankruptcy, reorganization, insolvency, composition, restructuring, dissolution, liquidation, receivership, assignment for the benefit of creditors, or custodianship action or proceeding under any federal or state law with respect to Borrower, any guarantor of any of the Senior Indebtedness, any of their respective properties, or any of their respective partners, members, officers, directors, or shareholders. (c) "Borrower" means all persons or entities identified as "Borrower" in the first Recital of this Agreement, together with their successors and assigns, and any other person or entity who acquires title to the Mortgaged Property after the date of this Agreement; provided that the term "Borrower" will not include Senior Mortgagee if Senior Mortgagee acquire titles to the Mortgaged Property. (d) "Casualty" means the occurrence of damage to or loss of all or any portion of the Mortgaged Property by fire or other casualty. (e) "Enforcement Action" means any of the following actions taken by or at the direction of Subordinate Mortgagee: the acceleration of all or any part of the Subordinate Indebtedness, the advertising of or commencement of any foreclosure or trustee's sale proceedings, the exercise of any power of sale, the acceptance of a deed or assignment in lieu of foreclosure or sale, the collecting of Rents, the obtaining of or seeking of the appointment of a receiver, the seeking of default interest, the taking of possession or control of any of the Mortgaged Property, the commencement of any suit or other legal, administrative, or arbitration proceeding based upon the Subordinate Note or any other of the Subordinate Documents, the exercising of any banker's lien or rights of set-off or recoupment, or the exercise of any other remedial action against Borrower, any other party liable for any of the Subordinate Indebtedness or obligated under any of the Subordinate Documents, or the Mortgaged Property. Subordination Agreement — Governmental Entity Page 3 Attachment No. 1 (f) "Enforcement Action Notice" means a written notice from Subordinate Mortgagee to Senior Mortgagee, given following one or more Subordinate Mortgage Default(s) and the expiration of any notice or cure periods provided for such Subordinate Mortgage Default(s) in the Subordinate Documents, setting forth in reasonable detail the Subordinate Mortgage Default(s) and the Enforcement Actions proposed to be taken by Subordinate Mortgagee. (g) "Loss Proceeds" means all monies received or to be received under any insurance policy, from any condemning authority, or from any other source, as a result or any Condemnation or Casualty. (h) "Notice" is defined in Section 6(d). (i) "Regulatory Agreement" means the Regulatory Agreement, as defined in the Recitals. (j) "Senior Indebtedness" means the "Indebtedness" as defined in the Senior Loan Agreement. (k) "Senior Loan Documents" means the "Loan Documents" as defined in the Senior Loan Agreement. (1) "Senior Mortgage Default" means any act, failure to act, event, condition, or occurrence which constitutes, or which with the giving of Notice or the passage of time, or both, would constitute, an "Event of Default" as defined in the Senior Loan Agreement. (m) "Senior Mortgagee" means the "Lender" as defined in the Senior Mortgage. When any other person or entity becomes the legal holder of the Senior Note, such other person or entity automatically will become Senior Mortgagee. (n) "Senior Note" means the promissory note or other evidence of the Senior Indebtedness referred to in the Senior Loan Agreement and any replacement of the Senior Note. (o) "Subordinate Indebtedness" means all sums evidenced or secured or guaranteed by, or otherwise due and payable to Subordinate Mortgagee pursuant to, the Subordinate Documents. (p) "Subordinate Documents" means the Subordinate Mortgage, the Regulatory Agreement and all other documents at any time evidencing, securing, guaranteeing, or otherwise delivered in connection with the Subordinate Indebtedness, as the same may be amended from time to time. Subordination Agreement — Governmental Entity Page 4 Attachment No. 1 (q) "Subordinate Mortgage Default" means any act, failure to act, event, condition, or occurrence which allows (but for any contrary provision of this Agreement), or which with the giving of Notice or the passage of time, or both, would allow (but for any contrary provision of this Agreement), Subordinate Mortgagee to take an Enforcement Action. (r) "Subordinate Mortgagee" means the person or entity named as such in the first paragraph of this Agreement and any other person or entity who becomes the legal holder of the Subordinate Note after the date of this Agreement. 2. Subordination of Subordinate Indebtedness. (a) The Subordinate Indebtedness is and will at all times continue to be subject and subordinate in right of payment to the prior payment in full of the Senior Indebtedness. (b) The Subordinate Mortgagee acknowledges that a Subordinate Mortgage Default constitutes a Senior Mortgage Default. Accordingly, upon the occurrence of a Subordinate Mortgage Default, Subordinate Mortgagee will be deemed to have actual knowledge of a Senior Mortgage Default. (c) If (i) Subordinate Mortgagee receives any payment, property, or asset of any kind or in any form on account of the Subordinate Indebtedness (including any proceeds from any Enforcement Action) after a Senior Mortgage Default of which Subordinate Mortgagee has actual knowledge (or is deemed to have actual knowledge as provided in 2(b) above) or has been given Notice, or (ii) Subordinate Mortgagee receives, voluntarily or involuntarily, by operation of law or otherwise, any payment, property, or asset in or in connection with any Bankruptcy Proceeding, such payment, property, or asset will be received and held in trust for Senior Mortgagee. Subordinate Mortgagee will promptly remit, in kind and properly endorsed as necessary, all such payments, properties, and assets to Senior Mortgagee. Senior Mortgagee will apply any payment, asset, or property so received from Subordinate Mortgagee to the Senior Indebtedness in such order, amount (with respect to any asset or property other than immediately available funds), and manner as Senior Mortgagee determines in its sole and absolute discretion. (d) Without limiting the complete subordination of the Subordinate Indebtedness to the payment in full of the Senior Indebtedness, in any Bankruptcy Proceeding, upon any payment or distribution (whether in cash, property, securities, or otherwise) to creditors (i) the Senior Indebtedness will first be paid in full in cash before Subordinate Mortgagee will be entitled to receive any payment or other distribution on account of or in respect of the Subordinate Indebtedness, and (ii) until all of the Senior Indebtedness is paid in full in cash, any payment or distribution to which Subordinate Mortgagee would be entitled but for this Subordination Agreement — Governmental Entity Page 5 Attachment No. 1 Agreement (whether in cash, property, or other assets) will be made to Senior Mortgagee. (e) The subordination of the Subordinate Indebtedness will continue if any payment under the Senior Loan Documents (whether by or on behalf of Borrower, as proceeds of security or enforcement of any right of set-off or otherwise) is for any reason repaid or returned to Borrower or its insolvent estate, or avoided, set aside or required to be paid to Borrower, a trustee, receiver or other similar party under any bankruptcy, insolvency, receivership or similar law. In such event, any or all of the Senior Indebtedness originally intended to be satisfied will be deemed to be reinstated and outstanding to the extent of any repayment, return, or other action, as if such payment on account of the Senior Indebtedness had not been made. 3. Subordination of Subordinate Documents. (a) Each of the Subordinate Documents is, and will at all times remain, subject and subordinate in all respects to the liens, terms, covenants, conditions, operations, and effects of each of the Senior Loan Documents. (b) The subordination of the Subordinate Documents and of the Subordinate Indebtedness will apply and continue notwithstanding (i) the actual date and time of execution, delivery, recording, filing or perfection of each of the Senior Loan Documents and of each of the Subordinate Documents, and (ii) the availability of any collateral to Senior Mortgagee, including the availability of any collateral other than the Mortgaged Property. (c) By reason of, and without in any way limiting, the full subordination of the Subordinate Indebtedness and the Subordinate Documents provided for in this Agreement, all rights and claims of Subordinate Mortgagee under the Subordinate Documents in or to all or any portion of the Mortgaged Property are expressly subject and subordinate in all respects to the rights and claims of Senior Mortgagee under the Senior Loan Documents in or to the Mortgaged Property. (d) If Subordinate Mortgagee, by indemnification, subrogation or otherwise, acquires any lien, estate, right or other interest in any of the Mortgaged Property, then that lien, estate, right or other interest will be fully subject and subordinate to the receipt by Senior Mortgagee of payment in full of the Senior Indebtedness, and to the Senior Loan Documents, to the same extent as the Subordinate Indebtedness and the Subordinate Documents are subordinate pursuant to this Agreement. 4. Additional Representations and Covenants. (a) Subordinate Mortgagee represents and warrants that each of the following is true: Subordination Agreement — Governmental Entity Page 6 Attachment No. 1 (i) Subordinate Mortgagee is now the owner and holder of the Subordinate Documents. (ii) The Subordinate Documents are now in full force and effect. (iii) The Subordinate Documents have not been modified or amended. (iv) To the actual knowledge of the Subordinate Mortgagee, as of the date of this Agreement, no Subordinate Mortgage Default has occurred. (v) None of the rights of Subordinate Mortgagee under any of the Subordinate Documents are subject to the rights of any third parties, by way of subrogation, indemnification or otherwise. (b) Without the prior written consent of Senior Mortgagee in each instance, Subordinate Mortgagee will not do any of the following: (i) Amend, modify, waive, extend, renew, or replace any provision of any of the Subordinate Documents. (ii) Pledge, assign, transfer, convey, or sell any interest in the Subordinate Indebtedness or any of the Subordinate Documents. (iii) Take any action which has the effect of increasing the Subordinate Indebtedness. (v) Appear in, defend or bring any action to protect Subordinate Mortgagee's interest in the Mortgaged Property. (vi) Take any action concerning environmental matters affecting the Mortgaged Property. (c) Subordinate Mortgagee will deliver to Senior Mortgagee a copy of each Notice received or delivered by Subordinate Mortgagee pursuant to the Subordinate Documents or in connection with the Subordinate Indebtedness, simultaneously with Subordinate Mortgagee's delivery or receipt of such Notice. Senior Mortgagee will deliver to Subordinate Mortgagee in the manner required in Section 5(b) a copy of each Notice of a Senior Mortgage Default delivered to Borrower by Senior Mortgagee. Neither giving nor failing to give a Notice to Senior Mortgagee or Subordinate Mortgagee pursuant to this Section 4(c) will affect the validity of any Notice given by Senior Mortgagee or Subordinate Mortgagee to Borrower, as between Borrower and such of Senior Mortgagee or Subordinate Mortgagee as provided the Notice to Borrower. (d) Without the prior written consent of Senior Mortgagee in each instance, Subordinate Mortgagee will not commence, or join with any other creditor in Subordination Agreement — Governmental Entity Page 7 Attachment No. 1 commencing, any Bankruptcy Proceeding. In the event of a Bankruptcy Proceeding, Subordinate Mortgagee will not vote affirmatively in favor of any plan of reorganization or liquidation unless Senior Mortgagee has also voted affirmatively in favor of such plan. In the event of any Bankruptcy Proceeding, Subordinate Mortgagee will not contest the continued accrual of interest on the Senior Indebtedness, in accordance with and at the rates specified in the Senior Loan Documents, both for periods before and for periods after the commencement of such Bankruptcy Proceedings. (e) [Intentionally Omitted.]. (f) All requirements pertaining to insurance under the Subordinate Documents (including requirements relating to amounts and types of coverages, deductibles and special endorsements) will be deemed satisfied if Borrower complies with the insurance requirements under the Senior Loan Documents and of Senior Mortgagee. All original policies of insurance required pursuant to the Senior Loan Documents will be held by Senior Mortgagee. Nothing in this Section 4(f) will preclude Subordinate Mortgagee from requiring that it be named as a mortgagee and loss payee, as its interest may appear, under all policies of property damage insurance maintained by Borrower with respect to the Mortgaged Property, provided such action does not affect the priority of payment of Loss Proceeds, or that Subordinate Mortgagee be named as an additional insured under all policies of liability insurance maintained by Borrower with respect to the Mortgaged Property. (g) In the event of a Condemnation or a Casualty, all of the following provisions will apply: (i) The rights of Subordinate Mortgagee (under the Subordinate Documents or otherwise) to participate in any proceeding or action relating to a Condemnation or a Casualty, or to participate or join in any settlement of, or to adjust, any claims resulting from a Condemnation or a Casualty, will be and remain subordinate in all respects to Senior Mortgagee's rights under the Senior Loan Documents with respect thereto, and Subordinate Mortgagee will be bound by any settlement or adjustment of a claim resulting from a Condemnation or a Casualty made by Senior Mortgagee. (ii) All Loss Proceeds will be applied either to payment of the costs and expenses of Restoration or to payment on account of the Senior Indebtedness, as and in the manner determined by Senior Mortgagee in its sole discretion. (iii) If Senior Mortgagee applies or releases Loss Proceeds for the purposes of Restoration of the Mortgaged Property, then Subordinate Mortgagee will release for such purpose all of its right, title and interest, if any, in and to such Loss Proceeds. If Senior Mortgagee holds Loss Proceeds, or monitors Subordination Agreement — Governmental Entity Page 8 Attachment No. 1 the disbursement thereof, Subordinate Mortgagee will not do so. Nothing contained in this Agreement will be deemed to require Senior Mortgagee to act for or on behalf of Subordinate Mortgagee in connection with any Restoration or to hold or monitor any Loss Proceeds in trust for or otherwise on behalf of Subordinate Mortgagee, and all or any Loss Proceeds may be commingled with any funds of Senior Mortgagee. (iv) If Senior Mortgagee elects to apply Loss Proceeds to payment on account of the Senior Indebtedness, and if the application of such Loss Proceeds results in the payment in full of the entire Senior Indebtedness, any remaining Loss Proceeds held by Senior Mortgagee will be paid to Subordinate Mortgagee unless another party has asserted a claim to the remaining Loss Proceeds. (h) Subordinate Mortgagee will enter into attornment and non -disturbance agreements with all tenants under commercial or retail Leases, if any, to whom Senior Mortgagee has granted attornment and non -disturbance, on the same terms and conditions given by Senior Mortgagee. (i) Regardless of any contrary provision in the Subordinate Documents, Subordinate Mortgagee will not collect payments for the purpose of escrowing for any cost or expense related to the Mortgaged Property or for any portion of the Subordinate Indebtedness. (j) Within 10 days after request by Senior Mortgagee, Subordinate Mortgagee will furnish Senior Mortgagee with a statement, duly acknowledged and certified setting forth the then -current amount and terms of the Subordinate Indebtedness, confirming that there exists no default under the Subordinate Documents (or describing any default that does exist), and certifying to such other information with respect to the Subordinate Indebtedness as Senior Mortgagee may request. (k) Senior Mortgagee may amend, waive, postpone, extend, renew, replace, reduce or otherwise modify any provisions of the Senior Loan Documents without the necessity of obtaining the consent of or providing Notice to Subordinate Mortgagee, and without affecting any of the provisions of this Agreement. Notwithstanding the foregoing, Senior Mortgagee may not modify any provision of the Senior Loan Documents that increases the Senior Indebtedness, except for increases in the Senior Indebtedness that result from advances made by Senior Mortgagee to protect the security or lien priority of Senior Mortgagee under the Senior Loan Documents or to cure defaults under the Subordinate Documents. 5. Default Under Loan Documents. (a) For a period of 90 days following delivery to Senior Mortgagee of an Enforcement Action Notice, Senior Mortgagee will have the right, but not the obligation, to cure any Subordinate Mortgage Default, provided that if such Subordination Agreement — Governmental Entity Page 9 Attachment No. 1 Subordinate Mortgage Default is a non -monetary default and is not capable of being cured within such 90-day period and Senior Mortgagee has commenced and is diligently pursuing such cure to completion, Senior Mortgagee will have such additional period of time as may be required to cure such Subordinate Mortgage Default or until such time, if ever, as Senior Mortgagee (i) discontinues its pursuit of any cure and/or (ii) delivers to Subordinate Mortgagee Senior Mortgagee's written consent to the Enforcement Action described in the Enforcement Action Notice. Senior Mortgagee will not be subrogated to the rights of Subordinate Mortgagee under the Subordinate Documents by reason of Senior Mortgagee having cured any Subordinate Mortgage Default. However, Subordinate Mortgagee acknowledges that all amounts advanced or expended by Senior Mortgagee in accordance with the Senior Loan Documents or to cure a Subordinate Mortgage Default will be added to and become a part of the Senior Indebtedness and will be secured by the lien of the Senior Mortgage. (b) Senior Mortgagee will deliver to Subordinate Mortgagee a copy of any Notice sent by Senior Mortgagee to Borrower of a Senior Mortgage Default within 5 Business Days of sending such Notice to Borrower. Failure of Senior Mortgagee to send Notice to Subordinate Mortgagee will not prevent the exercise of Senior Mortgagee's rights and remedies under the Senior Loan Documents. Subordinate Mortgagee will have the right, but not the obligation, to cure any monetary Senior Mortgage Default within 30 days following the date of such Notice; provided, however, that Senior Mortgagee will be entitled during such 30-day period to continue to pursue its remedies under the Senior Loan Documents. Subordinate Mortgagee may, within 90 after the date of the Notice, cure a non - monetary Senior Mortgage Default if during such 90-day period, Subordinate Mortgagee keeps current all payments required by the Senior Loan Documents. If such a non -monetary Senior Mortgage Default creates an unacceptable level of risk relative to the Mortgaged Property, or Senior Mortgagee's secured position relative to the Mortgaged Property, as determined by Senior Mortgagee in its sole discretion, then during such 90-day period Senior Mortgagee may exercise all available rights and remedies to protect and preserve the Mortgaged Property and the Rents, revenues and other proceeds from the Mortgaged Property. Subordinate Mortgagee will not be subrogated to the rights of Senior Mortgagee under the Senior Loan Documents by reason of Subordinate Mortgagee having cured any Senior Mortgage Default. However, Senior Mortgagee acknowledges that all amounts paid by Subordinate Mortgagee to Senior Mortgagee to cure a Senior Mortgage Default will be deemed to have been advanced by Subordinate Mortgagee pursuant to, and will be secured by the lien of, the Subordinate Mortgage. Notwithstanding anything in this Section 5(b) to the contrary, Subordinate Mortgagee's right to cure any Senior Mortgage Default will terminate immediately upon the occurrence of any Bankruptcy Proceeding. Subordination Agreement — Governmental Entity Page 10 Attachment No. 1 (c) In the event of a Subordinate Mortgage Default, Subordinate Mortgagee will not commence any Enforcement Action until 90 days after Subordinate Mortgagee has delivered to Senior Mortgagee an Enforcement Action Notice with respect to such Enforcement Action, provided that during such 90-day period or such longer period as provided in Section 5(a), Subordinate Mortgagee will be entitled to seek specific performance to enforce covenants and agreements of Borrower relating to income, rent, or affordability restrictions contained in the Regulatory Agreement, subject to Senior Mortgagee's right to cure a Subordinate Mortgage Default set forth in Section 5(a). Subordinate Mortgagee may not commence any other Enforcement Action, including any foreclosure action under the Subordinate Documents, until the earlier of (i) the expiration of such 90-day period or such longer period as provided in Section 5(a), or (ii) the delivery by Senior Mortgagee to Subordinate Mortgagee of Senior Mortgagee's written consent to such Enforcement Action by Subordinate Mortgagee. Subordinate Mortgagee acknowledges that Senior Mortgagee may grant or refuse consent to Subordinate Mortgagee's Enforcement Action in Senior Mortgagee's sole and absolute discretion. At the expiration of such 90-day period or such longer period as provided in Section 5(a) and, subject to Senior Mortgagee's right to cure set forth in Section 5(a), Subordinate Mortgagee may commence any Enforcement Action. Any Enforcement Action on the part of Subordinate Mortgagee will be subject to the provisions of this Agreement. Subordinate Mortgagee acknowledges that the provisions of this Section 5(c) are fair and reasonable under the circumstances, that Subordinate Mortgagee has received a substantial benefit from Senior Mortgagee having granted its consent to the Subordinate Mortgage, and that Senior Mortgagee would not have granted such consent without the inclusion of these provisions in this Agreement. (d) Senior Mortgagee may pursue all rights and remedies available to it under the Senior Loan Documents, at law, or in equity, regardless of any Enforcement Action Notice or Enforcement Action by Subordinate Mortgagee. No action or failure to act on the part of Senior Mortgagee in the event of a Subordinate Mortgage Default or commencement of an Enforcement Action will constitute a waiver on the part of Senior Mortgagee of any provision of the Senior Loan Documents or this Agreement. (e) If the Enforcement Action taken by Subordinate Mortgagee is the appointment of a receiver for any of the Mortgaged Property, all of the Rents, issues, profits and proceeds collected by the receiver will be paid and applied by the receiver solely to and for the benefit of Senior Mortgagee until the Senior Indebtedness will have been paid in full. (f) Subordinate Mortgagee consents to and authorizes the release by Senior Mortgagee of all or any portion of the Mortgaged Property from the lien, operation, and effect of the Senior Loan Documents. Subordinate Mortgagee waives to the fullest extent permitted by law, all equitable or other rights it may have (i) in connection with the release of all or any portion of the Mortgaged Subordination Agreement — Governmental Entity Page 11 Attachment No. 1 (g) Property, (ii) to require the separate sale of any portion of the Mortgaged Property, (iii) to require Senior Mortgagee to exhaust its remedies against all or any portion of the Mortgaged Property or any combination of portions of the Mortgaged Property or any other collateral for the Senior Indebtedness, or (iv) to require Senior Mortgagee to proceed against Borrower, any other party that may be liable for any of the Senior Indebtedness (including any general partner of Borrower if Borrower is a partnership), all or any portion of the Mortgaged Property or combination of portions of the Mortgaged Property or any other collateral, before proceeding against all or such portions or combination of portions of the Mortgaged Property as Senior Mortgagee determines. Subordinate Mortgagee waives to the fullest extent permitted by law any and all benefits under California Civil Code Sections 2845, 2849 and 2850. Subordinate Mortgagee consents to and authorizes, at the option of Senior Mortgagee, the sale, either separately or together, of all or any portion of the Mortgaged Property. Subordinate Mortgagee acknowledges that without Notice to Subordinate Mortgagee and without affecting any of the provisions of this Agreement, Senior Mortgagee may (i) extend the time for or waive any payment or performance under the Senior Loan Documents; (ii) modify or amend in any respect any provision of the Senior Loan Documents; and (iii) modify, exchange, surrender, release, and otherwise deal with any additional collateral for the Senior Indebtedness. If any party other than Borrower (including Senior Mortgagee) acquires title to any of the Mortgaged Property pursuant to a foreclosure of, or trustee's sale or other exercise of any power of sale under, the Senior Mortgage conducted in accordance with applicable law, the lien, operation, and effect of the Subordinate Mortgage and other Subordinate Documents automatically will terminate with respect to such Mortgaged Property. 6. Miscellaneous Provisions. (a) If there is any conflict or inconsistency between the terms of the Subordinate Documents and the terms of this Agreement, then the terms of this Agreement will control. (b) This Agreement will be binding upon and will inure to the benefit of the respective legal successors and permitted assigns of the parties to this Agreement. No other party will be entitled to any benefits under this Agreement, whether as a third -party beneficiary or otherwise. (c) This Agreement does not constitute an approval by Senior Mortgagee of the terms of the Subordinate Documents. (d) Each notice, request, demand, consent, approval or other communication (collectively, "Notices," and singly, a "Notice") which is required or permitted to be given pursuant to this Agreement will be in writing and will be deemed to have Subordination Agreement — Governmental Entity Page 12 Attachment No. 1 been duly and sufficiently given if (i) personally delivered with proof of delivery (any Notice so delivered will be deemed to have been received at the time so delivered), or (ii) sent by a national overnight courier service (such as FedEx) designating earliest available delivery (any Notice so delivered will be deemed to have been received on the next Business Day following receipt by the courier), or (iii) sent by United States registered or certified mail, return receipt requested, postage prepaid, at a post office regularly maintained by the United States Postal Service (any Notice so sent will be deemed to have been received on the date of delivery as confirmed by the return receipt), addressed to the respective parties as follows: (i) Notices intended for Senior Mortgagee will be addressed to: Oak Grove Commercial Mortgage, LLC 2177 Youngman Avenue, Suite 300 St. Paul, MN 55116 Attention: Loan Servicing (ii) Notices intended for Subordinate Mortgagee will be addressed to: Community Development Commission Housing Authority of the City of National City 140 East 12th Street, Suite B National City, CA 91950 Attention: Executive Director Any party, by Notice given pursuant to this Section, may change the person or persons and/or address or addresses, or designate an additional person or persons or an additional address or addresses, for its Notices, but Notice of a change of address will only be effective upon receipt. Neither party will refuse or reject delivery of any Notice given in accordance with this Section. (e) Nothing in this Agreement or in any of the Senior Loan Documents or Subordinate Documents will be deemed to constitute Senior Mortgagee as a joint venturer or partner of Subordinate Mortgagee. (f) Upon Notice from Senior Mortgagee, Subordinate Mortgagee will execute and deliver such additional instruments and documents, and will take such actions, as are required by Senior Mortgagee in order to further evidence or implement the provisions and intent of this Agreement. (g) This Agreement will be governed by the laws of the State in which the Land is located. (h) If any one or more of the provisions contained in this Agreement, or any application of any such provisions, is invalid, illegal, or unenforceable in any Subordination Agreement — Governmental Entity Page 13 Attachment No. 1 (i) respect, the validity, legality, enforceability, and application of the remaining provisions contained in this Agreement will not in any way be affected or impaired. The term of this Agreement will commence on the date of this Agreement and will continue until the earliest to occur of the following events: (i) the payment of all of the Senior Indebtedness; provided that this Agreement will be reinstated in the event any payment on account of the Senior Indebtedness is avoided, set aside, rescinded or repaid by Senior Mortgagee as described in Section 2(e) of this Agreement, (ii) the payment of all of the Subordinate Indebtedness other than by reason of payments which Subordinate Mortgagee is obligated to remit to Senior Mortgagee pursuant to this Agreement, (iii) the acquisition by Senior Mortgagee or by a third party purchaser of title to the Mortgaged Property pursuant to a foreclosure of, deed in lieu of foreclosure, or trustee's sale or other exercise of a power of sale or similar disposition under the Senior Mortgage; or (iv) with the prior written consent of Senior Mortgagee, without limiting the provisions of Section 5(d), the acquisition by Subordinate Mortgagee of title to the Mortgaged Property subject to the Senior Mortgage pursuant to a foreclosure, or a deed in lieu of foreclosure, of (or the exercise of a power of sale under) the Subordinate Mortgage. (j) No failure or delay on the part of any party to this Agreement in exercising any right, power, or remedy under this Agreement will operate as a waiver of such right, power, or remedy, nor will any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy or the exercise of any other right, power or remedy under this Agreement. (k) Each party to this Agreement acknowledges that if any party fails to comply with its obligations under this Agreement, the other parties will have all rights available at law and in equity, including the right to obtain specific performance of the obligations of such defaulting party and injunctive relief. (1) Nothing in this Agreement is intended, nor will it be construed, to in any way limit the exercise by Subordinate Mortgagee of its governmental powers (including police, regulatory and taxing powers) with respect to Borrower or the Mortgaged Property to the same extent as if it were not a party to this Agreement or the transactions contemplated by this Agreement. (m) This Agreement may be assigned at any time by Senior Mortgagee to any subsequent holder of the Senior Note. (n) This Agreement may be amended, changed, modified, altered or terminated only by a written instrument or written instruments signed by the parties to this Agreement. Subordination Agreement — Governmental Entity Page 14 Attachment No. 1 (o) This Agreement may be executed in two or more counterparts, each of which will be deemed an original but all of which together will constitute one and the same instrument. [Signature and acknowledgment pages follow] Subordination Agreement — Governmental Entity Page 15 Attachment No. 1 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. SENIOR MORTGAGEE: OAK GROVE COMMERCIAL MORTGAGE, LLC, a Delaware limited liability company By: Debra Jones Thomson Assistant Vice President STATE OF MINNESOTA ) ) ss: COUNTY OF RAMSEY ) On this day of , 2015 before me, the undersigned officer, personally appeared , to me known, who being by me duly sworn, did depose and say that she is the Assistant Vice President of OAK GROVE COMMERCIAL MORTGAGE, LLC, the company described in and which executed the foregoing instrument; and that by virtue of authority conferred upon her, she signed and delivered the foregoing instrument as the voluntary act and deed of said company. Notary Public Subordination Agreement — Governmental Entity Page 16 Attachment No. 1 SUBORDINATE MORTGAGEE: COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, ACTING IN ITS CAPACITY AS THE HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY By: Leslie Deese, Executive Director Approved as to Form: By: Claudia Gacitua Silva City Attorney A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss: COUNTY OF SAN DIEGO ) On this day of , 2015 before me, , Notary Public, personally appeared , who proven to me on the basis of satisfactory evidence to be the person whose name is subscribed in the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (affix seal here) Subordination Agreement — Governmental Entity Page 17 Attachment No. 1 CONSENT OF BORROWER Borrower acknowledges receipt of a copy of this Subordination Agreement, dated , 2015, by and between OAK GROVE COMMERCIAL MORTGAGE, LLC, and COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF NATIONAL CITY, acting in its capacity as the Housing Authority of the City of National City and consents to the agreement of the parties set forth in this Agreement. BORROWER: SUMERCREST APARTMENTS, L.P. a Delaware limited partnership By: AOF Summercrest LLC a Delaware limited liability company its: Managing General Partner By: AOF/Pacific Affordable Housing Corp., a California nonprofit public benefit corporation its: Sole Member By: Name: Title: By: Summercrest Apartments LLC a Delaware limited liability company its: Co -General Partner By: BLF Holdings, LLC a Washington limited liability company its: Sole Member By: The Brian L. Fetterer Revocable Trust A California Trust Its: Sole Member By: Brian L. Fetterer Trustee Subordination Agreement — Governmental Entity Page 18 Attachment No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss: COUNTY OF On this day of , 2015 before me, , Notary Public, personally appeared , who proven to me on the basis of satisfactory evidence to be the person whose name is subscribed in the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (affix seal here) Subordination Agreement — Governmental Entity Page 19 Attachment No. 1 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA ) ) ss: COUNTY OF On this day of , 2015 before me, , Notary Public, personally appeared BRIAN L. FETTERER, who proven to me on the basis of satisfactory evidence to be the person whose name is subscribed in the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature of Notary Public (affix seal here) Subordination Agreement — Governmental Entity Page 20 Attachment No. 1 EXHIBIT A LEGAL DESCRIPTION Subordination Agreement — Governmental Entity Page 21 RESOLUTION NO. 2015 — RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE A SUBORDINATION AGREEMENT WITH SUMMERCREST APARTMENTS, L.P., SUBORDINATING THE PROJECT DEED OF TRUST THAT SECURES THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS (TENANT RESTRICTIONS) ON 372 RENTAL UNITS AT 2721 PLAZA BOULEVARD IN NATIONAL CITY WHEREAS, Summercrest Apartments, L.P., a limited partnership organized under the laws of the State of Delaware ("Borrower") is the owner of a 372 unit multifamily rental housing project ("Project") known as Summercrest Apartments located at 2721 Plaza Boulevard in National City; and WHEREAS, in 2001, the Community Development Commission -Housing Authority ("CDC -HA") made a loan for $500,000 from the HOME Investment Partnerships Program and the Low and Moderate Income Fund to assist in the substantial rehabilitation of the Project, and the loan was paid in full to the CDC -HA when the property was sold to the Borrower in 2013; and WHEREAS, in consideration of receiving financial assistance, the CDC -HA restricted the affordability of 370 units through April 15, 2032 by recording a Declaration of Covenants, Conditions and Restrictions ("Declaration"), and securing the Declaration with a Project Deed of Trust ("Deed of Trust"); and WHEREAS, the Borrower desires to refinance the Project with a new mortgage for the original principal amount of $38,000,000 from Oak Grove Commercial Mortgage, LLC ("Lender"); and WHEREAS, in order to provide the loan, the Lender requires the subordination of the Project Deed of Trust that secures the Declaration. NOW, THEREFORE, BE IT RESOLVED that the Community Development Commission -Housing Authority of the City of National City hereby authorizes the Executive Director to execute a Subordination Agreement and any other Escrow related documents as necessary. After being recorded by the County of San Diego, said Subordination Agreement will be on file in the office of the City Clerk. PASSED and ADOPTED this 21s' day of April, 2015. Ron Morrison, Chairman ATTEST: APPROVED AS TO FORM: Leslie Deese, Secretary Claudia Gacitua Silva CDC General Counsel