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HomeMy WebLinkAboutDraft Agenda Packet - 08-01-17 CC HA Agenda (2)AGENDA OF AN ADJOURNED REGULAR MEETING - NATIONAL CITY CITY COUNCIL/COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OFTHE CITY OF NATIONAL CITY CALIFORNIA -� NATIONAL C/Ty INCORPORATED RON MORRISON Mayor JERRY CANO Vice Mayor ALBERT MENDIVIL Couucilmember MONA RIOS Couucilmember 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, AUGUST 1, 2017 - 5:00 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 1 of 350 CC/CDC-HA Agenda 8/1/2017 — 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 interpretacian 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. 2 of 350 CC/CDC-HA Agenda 8/1/2017 Page 3 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS CONSENT CALENDAR 1. 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) 2. 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 June 20, 2017. (City Clerk) 3. Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for Fiscal Year 2018 in compliance with the requirements of the California Public Employees Retirement System (CaIPERS), with the removal of the Assistant Police Chief classification. (Human Resources) 4. Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters Association employee group for fiscal year 2018, effective August 1, 2017, in compliance with the requirements of the California Public Employees Retirement System (CaIPERS). (Human Resources) Resolution of the City Council of the City of National City, 1) accepting an Urban & Community Forestry California Climate Investments (CCI) Grant Program award in the amount of $650,800 through the California 3 of 350 CC/CDC-HA Agenda 8/1/2017 - Page 4 Department of Forestry and Fire Protection (CAL FIRE) for an Urban Forest Expansion and Improvement Project 2) accepting the terms of the Grant Agreement; and, 3) authorizing the City Manager to execute the Grant Agreement; and 4)authorizing the appropriation of $650,800 and corresponding revenue budget in the Engineering Grants Fund. (Engineering/Public Works) 6. Resolution of the City Council of the City of National City authorizing the Mayor to sign an Encroachment Permit and Agreement with Southern Highlands Partners, LLC, for the installation of an Americans with Disabilities Act (ADA) compliant pedestrian access ramp partially within the public right-of-way for 2525 Highland Avenue (Southern Highlands Assisted Living Facility). (Engineering/Public Works) 7 Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit for the residential property located at 641 E. 5th Street. (Engineering/Public Works) 8. Resolution of the City Council of the City of National City authorizing the installation of 16 feet of red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access from E. 28th Street onto Highland Avenue and ensure compliance with on -street parking design standards (TSC No. 2017-15). (Engineering/Public Works) 9. Resolution of the City Council of the City of National City authorizing the installation of 20 feet of red curb "No Parking" on the south side of E. 14th Street, west of Stancrest Lane, and 10 feet of red curb "No Parking" east of Stancrest Lane, to enhance visibility and access from Stancrest Lane onto E. 14th Street (TSC No. 2017-16). (Engineering/Public Works) 10. Resolution of the City Council of the City of National City authorizing, 1) installation of 40 feet of red curb No Parking on the west side of Alston Avenue, north of Newberry Street; and 2) installation of yield control for the eastbound and westbound Newberry Street approaches to the intersection at Alston Avenue (TSC No. 2017-17). (Engineering/Public Works) 11. Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space and 33 feet of red curb "No Parking" in front of the Pentecostal Missionary Church at 2410 E. 8th Street to enhance visibility and safety for vehicles exiting the Church driveway onto E. 8th Street (TSC No. 2017-18). (Engineering/Public Works) 12. Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $2,500 from SDG&E's 2017 SAFE San Diego Initiative 4 of 350 CC/CDC-HA Agenda 8/1/2017 - Page 5 through the Burn Institute, a 501(c)(3) non-profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City. (Fire) 13. Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $44,341, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed from July 1, 2017 through June 30, 2018 with the option of three (3) one year extensions. (Police) 14. Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of the 2016 Citizens Option for Public Safety (COPS) Program grant in the amount of $100,000.00 to purchase police radios, Panasonic Toughbook computers, Tasers, police service helmets, capitol project that supports front line police services, pepperball lanchers, and other essential police equipment as needed and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). (Police) 15. Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2016 Operation Stonegarden Grant in the amount $44,000, and authorizing the Chief of Police to execute the Agreement for the award of the grant funds and sign grant documents indemnifying the granting agency against any liability arising from grant related operations, and authorizing the establishment of the Police Department Grants Fund appropriations and a corresponding revenue budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations. (Police) 16. Resolution of the City Council of the City of National City ratifying the Purchase and Sale Agreement executed on July 11, 2017 and authorizing the purchase of real property located at 420 W. 21st Street from Isfahan, Inc. for a total sales price of $355,000 and the payment of closing costs not to exceed $2,000. (Housing & Economic Development) 17. Investment transactions for the month ended May 31, 2017. (Finance) 18. Warrant Register #47 for the period of 05/17/17 through 05/23/17 in the amount of $1,710,351.94. (Finance) 19. Warrant Register #48 for the period of 05/24/17 through 05/30/17 in the amount of $2,071,450.07. (Finance) 5 of 350 CC/CDC-HA Agenda 8/ 1 /2017 - Page 6 20. Warrant Register #49 for the period of 05/31/17 through 06/06/17 in the amount of $2,353,463.63. (Finance) 21. Warrant Register #50 for the period of 06/07/17 through 06/13/17 in the amount of $151,587.83. (Finance) 22. Warrant Register #51 for the period of 06/14/17 through 06/20/17 in the amount of $1,993,718.19. (Finance) 23. Warrant Register #52 for the period of 06/21/17 through 06/27/17 in the amount of $762,526.43. (Finance) PUBLIC HEARINGS 24. Public Hearing Proposed Street Vacation of a portion of undeveloped M Avenue between East 16th Street and East 14th Street. (Applicant: Ralph Gonzales) (Case File No. 2017-04 SC) (Planning) ORDINANCES FOR INTRODUCTION ORDINANCES FOR ADOPTION NON CONSENT RESOLUTIONS 25. Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for Fiscal Year 2018 in compliance with the requirements of the California Public Employees Retirement System (CaIPERS), increasing the bands for Deputy City Manager and Police Chief; and adding a band for Assistant Police Chief. (Human Resources) NEW BUSINESS 26. Temporary Use Permit - C&M Motors Inc. requesting to use the vacant lot located at 21 West 7th Street for storage of commercial trucks from August 1, 2017 thru August 1, 2018 with no waiver of fees. (Neighborhood Services) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 27. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute a Subordination Agreement with Jones Lang LaSalle Multifamily, LLC, subordinating the Project Deed of Trust that secures the Declaration 6 of 350 CC/CDC-HA Agenda 8/1/2017 - Page 7 of Covenants, Conditions and Restrictions (Tenant Restrictions) on 370 rental units at 2721 Plaza Boulevard in National City. (Housing & Economic Development) NON CONSENT RESOLUTIONS- HOUSING AUTHORITY NEW BUSINESS- HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - August 15, 2017 - 6:00 p.m. - Council Chambers - National City, California. 7 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 8 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 8 of 350 Item # 08/01/17 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) 9 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 10 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for Fiscal Year 2018 in compliance with the requirements of the California Public Employees Retirement System (Ca1PERS), with the rem 10 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Management employee group for Fiscal Year 2018 in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS), with the removal of the Assistant Police Chief classification. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY: All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2018 salary schedule for classifications within the Management employee group. On July 13, 2017, the City of National City Civil Service Commission unanimously approved a request to exempt the Assistant Police Chief classification from classified service, thus making it an at -will position. Other at -will positions include the Part -Time employee group, the attorneys in the Office of the City Attorney and the Executive employee group. With this Council action, staff seeks to remove the classification from the management compensation schedule. In a companion item (approval of the Executive employee group salary schedule), staff seeks to place the Assistant Police Chief in the executive compensation schedule. Other classifications in the executive schedule are the city managers, department directors and the Senior Assistant City Attorney. The change in group in warranted by the span of control, criticality of the functional area, and the consequence of error. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Management employee group are incorporated in the City of National City General Fund budget adopted by the City Council at its meeting of June 6, 2017. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2018 compensation plan for the Management employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Management Employee Group Salary Schedule 11 OT ;3bU City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2017-2018 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Asst Director of PW/Engineering $ 4,594.04 — $ 11,846.99 $ 55,128.48 — $ 142,163.88 Battalion Chief $ 5,316.96 — $ 10,746.90 $ 63,803.52 — $ 128,962.80 Building Official $ 7,087.16 — $ 10,539.12 $ 85,045.92 — $ 126,469.44 Community Development Manager $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Community Development Specialist III $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Deputy City Attorney $ 6,841.11 — $ 10,033.63 $ 82,093.32 — $ 120,403.56 Deputy Director of Human Resources $ 7,287.50 — $ 10,047.88 $ 87,450.00 — $ 120,574.56 Equipment Maint Supervisor $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Facilities Maint Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Financial Services Officer $ 4,174.28 — $ 9,985.04 $ 50,091.36 — $ 119,820.48 Housing Programs Manager $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Management Analyst I $ 3,116.72 — $ 6,165.46 $ 37,400.64 — $ 73,985.52 Management Analyst II $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Management Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Mgmt Information Systems Manager $ 4,279.22 — $ 10,235.15 $ 51,350.64 — $ 122,821.80 Neighborhood Council Coordinator $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Neighborhood Services Manager $ 3,229.82 — $ 8,551.09 $ 38,757.84 — $ 102,613.08 Nutrition Program Manager $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Park Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 PIO/Mgmt Analyst III $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Police Captain $ 5,410.24 — $ 13,720.67 $ 64,922.88 — $ 164,648.04 12 of 350 City of National City Human Resources Department MANAGEMENT EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2017-2018 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) Police Support Services Manager $ 3,964.40 — $ 7,848.23 $ 47,572.80 — $ 94,178.76 Principal Civil Engineer $ 7,795.88 — $ 10,539.12 $ 93,550.56 — $ 126,469.44 Principal Librarian $ 3,766.18 — $ 8,604.96 $ 45,194.16 — $ 103,259.52 Principal Planner $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Project Officer $ 4,465.78 — $ 8,897.39 $ 53,589.36 — $ 106,768.68 Purchasing Agent $ 4,255.90 — $ 9,339.89 $ 51,070.80 — $ 112,078.68 Recreation Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Risk Manager $ 4,174.28 — $ 9,981.19 $ 50,091.36 — $ 119,774.28 Senior Accountant $ 3,264.80 — $ 7,489.10 $ 39,177.60 — $ 89,869.20 Special Assistant to the Mayor $ 3,542.31 — $ 7,006.85 $ 42,507.72 — $ 84,082.20 Street Maintenance Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 Street & Wastewater Maint Superintendent $ 3,229.82 — $ 8,412.57 $ 38,757.84 — $ 100,950.84 Traffic Engineer $ 6,056.20 — $ 10,235.15 $ 72,674.40 — $ 122,821.80 Wastewater Supervisor $ 3,229.82 — $ 7,268.49 $ 38,757.84 — $ 87,221.88 13 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 14 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters Association employee group for fiscal year 2018, effective August 1, 2017, in compliance with the requirements of the California Public Employees 14 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Firefighters' Association employee group for fiscal year 2018, effective August 1, 2017, in compliance with the requirements of the California Public Employees' Retirement System (Ca1PERS) PREPARED BY: Stacey Stevenson DEPARTMENT: Human Resources PHONE: 336-4308 APPROVED BY: EXPLANATION: All employees of the City of National City receive a rate of pay within the established salary range for the job classification into which the employee has been hired. The purpose of this item is to establish the fiscal year 2018 salary schedule for classifications represented by the Firefighters' Association (FFA), effective August 1, 2017. The schedule (attached) reflects the market adjustments agreed to by the City and FFA following the salary reopener called for in Article 22 of the current Memorandum of Understanding. Said adjustments are as follows: Position Title Adjustment Firefighter 3.1022% Fire Engineer 3.1022% Fire Captain 3.1022% Deputy Fire Marshal 3.1022% Fire Battalion Chief 2.24% FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS There is no fiscal impact associated with this action. Personnel costs for employees represented by the FFA are incorporated in the City of National City General Fund budget presented adopted by the City Council at its meeting of June 6, 2017. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2018 compensation plan for the Firefighters' Association employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Firefighters' Association Salary Schedule Resolution 15 of 350 CITY OF NATIONAL CITY FFA SALARY SCHEDULE EFFECTIVE 08/01/2017 See Position Description for Increases RANGE DESCRIPTION STEP A STEP B STEP C F121 Firefighter (3.1022% Increase) Biweekly Monthly Annual $ 28/dy Pay Period 40-Hr Week 192 Shift 216 Shift 240 Shift Hourly = Annual/2912 $ 2,185.80 4,748.92 56,987.06 4,371.61 27.32 22.77 20.24 18.22 19.57 F130 Fire Engineer (3.1022% Increase) Biweekly 2,803.26 Monthly 6,090.42 Annual $ 73,085.00 28/dy Pay Period 5,606.52 40-Hr Week 35.04 96 192 Shift 29.20 108 216 Shift 25.96 120 240 Shift 23.36 Hourly = Annual/2912 $ 25.10 F140 Fire Captain (3.1022% Increase) Biweekly Monthly Annual 28/dy Pay Period 40-Hr Week 192 Shift 216 Shift 240 Shift Hourly = Annual/2912 2,295.09 2,409.85 4,986.37 5,235.69 $ 59,836.41 $ 62,828.23 4,590.19 4,819.70 28.69 30.12 23.91 25.10 21.25 22.31 19.13 20.08 $ 20.55 $ 21.58 2,943.42 3,090.59 6,394.94 6,714.68 $ 76,739.25 $ 80,576.21 5,886.84 6,181.19 36.79 38.63 30.66 32.19 27.25 28.62 24.53 25.75 $ 26.35 $ 27.67 3,265.15 7,093.93 $ 85,127.14 $ 6,530.30 40.81 34.01 30.23 27.21 $ 29.23 $ 3,428.41 3,599.83 7,448.62 7,821.06 89,383.50 $ 93,852.67 6,856.81 7,199.65 42.86 45.00 35.71 37.50 31.74 33.33 28.57 30.00 30.69 $ 32.23 F140 Deputy Fire Marshal (3.1022% Increase) Biweekly 3,265.15 3,428.41 3,599.83 Monthly 7,093.93 7,448.62 7,821.06 Annual $ 85,127.14 $ 89,383.50 $ 93,852.67 28/dy Pay Period 6,530.30 6,856.81 7,199.65 40-Hr Week 40.81 42.86 45.00 192 Shift 34.01 35.71 37.50 216 Shift 30.23 31.74 33.33 240 Shift 27.21 28.57 30.00 Hourly = Annual/2912 $ 29.23 $ 30.69 $ 32.23 F150 Fire Battalion Chief (2.24% Increase) Biweekly Monthly Annual 28/dy Pay Period 40-Hr Week 192 Shift 216 Shift 240 Shift Hourly = Annual/2912 3,912.89 8,501.23 $ 102,014.78 7,825.79 48.91 40.76 36.23 32.61 $ 35.03 4,175.59 9,071.97 $ 108,863.70 8,351.18 52.19 43.50 38.66 34.80 $ 37.38 4,438.29 9,642.72 $ 115,712.61 8,876.58 55.48 46.23 41.10 36.99 $ 39.74 STEP D 2,530.34 5,497.47 $ 65,969.65 5,060.68 31.63 26.36 23.43 21.09 $ 22.65 3,245.12 7,050.42 $ 84,605.02 6,490.25 40.56 33.80 30.05 27.04 $ 29.05 3,779.82 8,212.11 $ 98,545.31 7,559.64 47.25 39.37 35.00 31.50 $ 33.84 3,779.82 8,212.11 $ 98,545.31 7,559.64 47.25 39.37 35.00 31.50 $ 33.84 4,700.99 10,213.46 $ 122,561.53 9,401.98 58.76 48.97 43.53 39.17 $ 42.09 Exhibit A STEP E STEP F STEP G 2,656.86 5,772.34 $ 69,268.13 5,313.72 33.21 27.68 24.60 22.14 $ 23.79 3,407.38 7,402.94 $ 88,835.27 6,814.76 42.59 35.49 31.55 28.39 $ 30.51 3,968.81 8,622.71 $ 103,472.57 7,937.62 49.61 41.34 36.75 33.07 $ 35.53 3,968.81 8,622.71 $ 103,472.57 7,937.62 49.61 41.34 36.75 33.07 $ 35.53 4,963.69 10, 784.20 $ 129,410.44 9,927.37 62.05 51.71 45.96 41.36 $ 44.44 2,789.70 6,060.96 $ 72,731.53 5,579.40 34.87 29.06 25.83 23.25 $ 24.98 2,929.19 6,364.01 $ 76,368.11 5,858.37 36.61 30.51 27.12 24.41 $ 26.23 16 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 17 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) accepting an Urban & Community Forestry California Climate Investments (CCI) Grant Program award in the amount of $650,800 through the California Department of Forestry and Fire Protection (C 17 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: AUGUST 1 e 2017 AGENDA ITEMWI . ITEM TITLE: [Resolution of the City Council of the City of National City, 1) accepting an Urban & Community Forestry California Climate Investments (CCI) Grant Program award in the amount of $650,800 through the California Department of Forestry and Fire Protection (CAL FIRE) for an Urban Forest Expansion and Improvement Project 2) accepting the terms of the Grant Agreement; and, 3) authorizing the City Manager to execute the Grant Agreement; and 4)authorizing the appropriation of $650,800 and corresponding revenue budget in the Engineering Grants Fund.. PREPARED B\ IKuna Muthusamy, Assistant Director] PHONE® 336-4383I EXPLANATION: [Attached. OEPARTMEN` : -.L! ineeri • /Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Revenue Account No. 296-06582-3463 - $650,800 Expenditure Account No. 296-409-500-598-6582 (Urban Forest Expansion and Improvement Project Grant) - $650,800 ENVIRONMENTAL REVIEW: IN/A 1 ORDINANCE: INTRODUCTION: 1 FINAL ADOPTION: — MIS STAFF RECOMMENDATION: 'Adopt the Resolution accepting an Urban & Community Forestry California Climate Investments (CCI) Grant Program award in the amount of $650,800 and authorizing the City Manager to execute the Grant Agreement.[ BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: 1. Grant Agreement 2. Explanation 3. Resolution 1i01;35U [ Explanation National City has been awarded a CAL FIRE grant in the amount $650,800 to plant and maintain approximately 1,700 trees. City of National City was awarded an Urban & Community Forestry Greenhouse Gas Reduction Fund grant award in the amount of $276,685 including a local match of $26,400 through the California Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest Management Plan for National City in November 3rd, 2015. The local match was provided in kind by National City staff hours towards the planning, management and execution of the grant objectives. This grant includes conducting a Geographic Information System (GIS)-based City tree inventory estimated at 10,000 trees, developing a long range Urban Forestry Management Plan, updating corresponding City Council policies and ordinances, creating a National City Urban Forest webpage, and providing a web -based tree maintenance scheduling interface for residents. This Grant assumes that approximately 4,000 trees will be planted to complete the Urban Forest in National City. On December 16, 2016, the Engineering Division submitted a project proposal for a CAL FIRE grant in the amount $650,800 to plant and maintain approximately 1,700 trees. The grant amount is exclusive of an in -kind local match of $219,375 for the Public Works Parks Division to maintain the trees after the plant establishment period. Public Works Parks Division will be maintaining these trees as part of their routine duties and work and no additional expense is anticipated. On June 12, 2017 we were informed by Cal Fire that we have been awarded the grant. The grant will fund the purchase, planting and initial maintenance of the 1,700 trees, to be performed by a contractor and the City Parks division, in addition to construction of some irrigation facilities. Pubiic Works Parks Division will be responsible for providing long term maintenance. The grant agreement requires a City Council resolution authorizing the submittal of the grant application, authorizing the City Manager to execute the Grant Agreement, and a commitment to maintain the trees after the initial plant establishment period. This grant is valid for a period of three years. 19 of 350 STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY DEPARTMENT OF FORESTRY AND FIRE PROTECTION P.O. Box 944246 SACRAMENTO, CA 94244-2460 (916) 653-7772 Webs➢te: www.firo.ca.gov Leslie Deese City of National City 1243 National City Boulevard National City, CA 91950 Edmund G. Brown Jr., Govemor June 12, 2017 8GG16417; City of National City, "National City Urban Forest Expansion and Improvement Project" This Agreement cannot be considered binding on either party until approved by appropriate authorized CAL FIRE designee. No services should be provided prior to approval, as the State is not obligated to make any payments on any Agreement prior to final approvaL FAILURE TO RETURN ALL DOCUMENTS BY DATE BELOW MAY RESULT IN LOSS OF FUNDING. Please contact Lynnette Short, at (619) 937-1410, if you have questions concerning services to be performed. 1. ® Full grant agreement including terms and conditions, project grant application form, scope of work, budget, GAG emissions reduction methodology, map, and other exhibits enclosed. Print (single sided) and return three (3) sets of agreements with original signatures in blue ink. Please return the agreement to be received by CAL FIRE no later than June 19, 2017. Also, please include (1) one fully completed and approved resolution. Return all originals and requested documents for further processing to: Please send the originals via overnight mail service to the following physical address: CAL FIRE Attn: Grants Management Unit/CCI 1300 U Street Sacramento, CA 95818 2. ❑ Please initial change(s) made on all copies of the agreement on page(s) as .marked. 3. ❑ Enclosed for your record is one fully executed copy of the agreement referenced above. When billing for services performed under this agreement, your invoices must reference the agreement number above and be submitted to the contract manager. Thank you, Aaron Mills Grants Analyst Grants Management Unit CC: John. Melvin Lynnette Short Stella Chan Enclosures "The Department of Forest?), and Fire Protection serves and safeguards the people and protects the property and resources of California." 20 of 350 APPLICANT: PROJECT TITLE: GRANT AGREEMENT: State of California Dept. of Forestry and Fire Protection (CAL FIRE) Resource Management GRANT AGREEMENT City of National City National City Urban Forest Expansion and Improvement Project 8GG16417 PROJECT PERFORMANCE PERIOD 1S from Upon Approval through March 30, 2020. Under the terms and conditions of this Grant Agreement, the applicant agrees to complete the project as described in the project description, and the State of California, acting through the Dept. of Forestry & Fire Protection, agrees to fund the project up the total state grant amount indicated. PROJECT DESCRIPTION: Plant 1,700 trees within or accessible from disadvantaged communities within National City. Involve local residents and community groups in tree planting and care. Total State Grant not to exceed $ 650,800.00 (or project costs, whichever is less) *The Special and General Provisions attached are made a part of and incorporated Into this Grant Agreement. **The below signor testifies that they have the authority to be signing this agreement in their capacity as an employee of the eligible entity for this grant. City of National City By Applicant LESLIE DEESR Signature of Authorized Representative Title CITY MANAGER Date AUGUST 1- 2017 STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION By Title: Helge Eng Deputy Director, Resource Management Date CERTIFICATION OF FUNDING AMOUNT OF ESTIMATE FUNDING $ 650,800.00- GRANT AGREEMENT NUMBER FUND 8GG16417 ADJ. INCREASING ENCUMBRANCE 0.00 ADJ. DECREASING ENCUMBRANCE APPROPRIATION FUNCTION Optional Line Item: UNENCUMBERED BALANCE $ 650,800.00 LINE ITEM ALLOTMENT 3540- CHAPTER 1 STATUTE I FISCAL YEAR T.B.A. NO. B.R. NO. INDEX 9520 OBJ. EXPEN D 418 PCA PROJECT/WORK PHASE VENDOR# 1 hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF CAL FIRE ACCOUNTING OFFICER DATE 21 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project TERMS AND CONDITIONS OF GRANT AGREEMENT I. RECITALS 1 This Agreement, is entered into between the State of California, by and through the California Department of Forestry and Fire Protection (CAL FIRE), hereinafter referred to as "STATE" and City of National City, hereinafter referred to as "GRANTEE". 2. The STATE hereby grants to GRANTEE a sum (hereinafter referred to as "GRANT FUNDS") not to exceed six hundred fifty thousand and eight hundred dollars ($650,800.00). 3. In addition to the terms and conditions of this Agreement, the STATE and GRANTEE agree that the terms and conditions contained in the documents set forth below are hereby incorporated and made part of this agreement. a. Department of Forestry and Fire Protection Urban and Community Forestry Program California Climate Investments Grant Guidelines 2016/2017 b. California Air Resources Board Greenhouse Gas Quantification Methodology for the Department of Forestry and Fire Protection (CAL FIRE) Urban and Community Forestry Program c. The submitted Application, Scope of Work, Budget Detail, GHG Emissions Reduction Methodology and Exhibits d. Addendum for California Climate Investments (CCI) Grant Projects II. SPECIAL PROVISIONS 1. Recipients of GRANT FUNDS pursuant to California Public Resources Code Section 4799,06-4799.12 shall abide by the provisions in this Agreement. This includes the requirement that work shall not commence prior to the execution of this Agreement by both parties, Any work started prior to the execution of this Agreement will not be eligible for funding under the terms of this Agreement. 2. As precedent to the State's obligation to provide funding, GRANTEE shall provide to the STATE for review and approval a detailed budget, specifications, and project description. Approval by the STATE of such plans and specifications, or any other approvals provided for in this Agreement, shall be for scope and quality of work, and shall not relieve GRANTEE of the obligation to carry out any other „ob! gations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. 22 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project 3. All informational products (e.g., data, studies, findings, management plans, manuals, photos, etc.) relating to California's natural environment produced with the use of GRANT FUNDS shall be available for public use. III. GENERAL PROVISIONS 1. Definitions a. The term "Agreement" means grant agreement number 8GG16417. b. The term "GRANT FUNDS" means the money provided by the STATE to the GRANTEE in this Agreement. c. The term "GRANTEE" means an applicant who has a signed Agreement for the award for GRANT FUNDS. d. The term "Other Sources of Funds" means all matching fund sources that are required or used to complete the Project beyond the GRANT FUNDS provided by this Agreement. e. The term "STATE" means the State of California, Department of Forestry and Fire Protection (CAL FIRE). f. The term "Project" means the development or other activity described in the "Project Scope of Work". g. The term "Project Budget Detail" as used herein defines the approved budget plan. h. The term "Project Scope of Work" as used herein means the individual scope of work describing in detail the approved tasks. 2 23 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project 2. Project Representatives The project representatives during the term of the agreement will be: STATE: CAL FIRE GRANTEE: City of National City Section/Unit: Urban and Community Forestry Section/Unit: N/A Attention: Lynnette Short Attention: Leslie Deese Mailing Address: 2249 Jamacha Road El Cajon, CA 92019 Mailing Address: 1243 National City Boulevard National City, CA 91950-4301 Phone Number: (619) 937-1410 Phone Number: (619) 336-4240 Email Address: Lynnette.Short@fire.ca.gov Email Address: Ideese@nationalcityca.gov Changes to the project representatives during the term of the agreement shall be made in writing. Notice shall be sent to the above representative for all notice provisions of this Agreement. 3. Project Execution a. Subject to the availability of grant monies, the STATE hereby grants to the GRANTEE a sum of money (GRANT FUNDS) not to exceed the amount stated on Section I. RECITALS, Paragraph 2 in consideration of and on condition that the sum be expended in carrying out the purposes as set forth in the description of the Project in this Agreement and its attachments and under the terms and conditions set forth in this Agreement. b. GRANTEE shall assume any obligation to furnish any additional funds that may he necessary to complete the Project. Any amendment to the Project as set forth in the Application on file with the STATE must be submitted to the STATE for approval in writing. No amendment is allowed until written approval is given by the STATE. 3 24 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project c. GRANTEE shall complete the Project in accordance with the time of Project performance set forth in this Agreement, unless an amendment has been approved and signed by the STATE under the terms and conditions of this Agreement. Amendments must be requested in advance and will be considered in the event of circumstances beyond the control of the GRANTEE, but in no event less than 90 days from the Agreement expiration date and in no event less than 60 days before the effective date of the amendment. Approval of amendment is at the STATE's discretion. d. GRANTEE certifies that the Project Scope of Work complies with all local, State, and federal laws and regulations. e. GRANTEE shall comply with the California Environmental Quality Act (CEQA) (Public Resources Code, Section 21000, et. seq. Title 14, California Code of Regulations, Section 15000 et. seq.) and all other local, State, and federal environmental laws. A copy of the certified CEQA document must be provided to STATE before any GRANT FUNDS are made available for any Project activity that could directly impact the environment (e.g. cutting, piling or burning bush, masticating, dozer work, etc.). CEQA compliance shall be completed within one (1) year from start date of the Agreement. The start date is considered the date the last party signs the Agreement. GRANT FUNDS will be made available in advance of CEQA compliance for project activities that do not have the potential to cause a direct environmental impact (e.g. project planning, locating and marking property or project boundaries, contacting and signing up landowners, etc.). f. GRANTEE shall permit periodic site visits by representative(s) of the STATE to ensure program compliance and that work is in accordance with the approved Project Scope of Work, including a final inspection upon Project completion. GRANTEE, and the agents and employees of GRANTEE, in the performance of this Agreement, shall act in an independent capacity and not as officers, employees, or agents, of the STATE. g. 4. Project Costs and Payment Documentation a. Payment by the STATE shall be made after receipt of an acceptable invoice and approval by a duly authorized representative of the STATE. GRANTEE shall submit an invoice for payment to the CAL FIRE Project Representative of the STATE. A final invoice shall be submitted no later than 30 days after completion, expiration, or termination of this Agreelnernt. 4 25 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project b. For services satisfactorily rendered, and upon receipt and approval of invoices for payment, the STATE agrees to compensate GRANTEE for actual expenditures incurred in accordance with the rates specified herein, which is attached hereto, as Attachment 3 — Final Project Budget, and made a part of this Agreement. c. GRANTEE shall submit, in arrears, not more frequently than once a month, and no less than quarterly, an invoice to the STATE for costs paid by GRANTEE pursuant to this Agreement. Each invoice shall contain the following information: the Agreement number, the dates or time period during which the invoiced costs were incurred, expenditures for the current invoice and cumulative expenditures to date by major budget category (e.g., salaries, benefits, supplies, etc.), appropriate supporting documentation, project progress reports, and the signature of an authorized representative of GRANTEE as detailed in the Invoice Guidelines of the Procedural Guide for the CAL FIRE Urban and Community Forestry Program California Climate Investments Grant Guidelines 2016/2017. d. GRANT FUNDS in this Agreement have a limited period in which they must be expended. All GRANTEE expenditures must occur prior to the end of the Project performance period of this Agreement. e. Except as otherwise provided herein, GRANTEE shall expend GRANT FUNDS in the manner described in the Project Budget Detail approved by the STATE. The dollar amount of an item in the Project Budget Detail may be increased or decreased by up to ten percent (10%) of the budget item through reallocation of funds from another item or items, without approval by the STATE; however, GRANTEE shall notify the STATE in writing in project progress reports when any such reallocation is made, and shall identify both the item(s) being increased and those being decreased. Any increase or decrease of an item of more than ten percent (10%) of the budget item must be approved in writing by the STATE before any such increase or decrease is made. A formal approved amendment is required to increase the total amount of GRANT FUNDS. f. GRANTEE shall promptly submit any and all records at the time and in the form as the STATE may request. 5 26 of 350 g- GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project GRANTEE shall submit each invoice for payment to: California Department of Forestry & Fire Protection Attention: Lynnette Short 2249 Jamacha Road El Cajon, CA 92019 h. Notwithstanding any of the provisions stated within this Agreement, the STATE may at its discretion make advance payment to the GRANTEE, if GRANTEE is a Community -based private non-profit agency, upon written request by the GRANTEE. Advance payment made by the STATE shall be subject to the circumstance and provisions below. Where hardship circumstances exist for the GRANTEE, the STATE will consider authorizing advance payments. The STATE will consider the following factors in determining whether a hardship situation exists: Modest reserves and potential cash flow problems of the GRANTEE including the need for advance funding in order to initiate a project. A justification for advance payment may include items such as the inability to pay for staff, supplies, administration expenses, and to secure contractors for Project work. The following guidelines will be applied to advance payments: Multiple advance payments may be made to a GRANTEE over the life of a project. No single advance payment shall exceed 25% of the total grant amount and must be spent on eligible costs within six months of the advance payment request. The balance of unspent advance payment funds not liquidated within the six month spending period will be billed for the return of the advanced funds to the STATE. The amount wiii be returned to the grant balance. A request for advance payment must include the same level of expenditure detail and justification as a regular invoice. All work under a previous advance payment must be fully liquidated via an invoice and supporting documentation and completed to the STATE's satisfaction before another advance payment will be made. Any advance payment received by a GRANTEE and not used for project eligible costs shall be returned to CAL FIRE. 6 27 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project Advance payments must be deposited into an interest -bearing account. Any interest earned on advance payment funds must be accounted for and reported as program income used toward offsetting the project cost or returned to the STATE. 5. Budget Contingency Clause a. if STATE funding for any fiscal year is reduced or deleted for purposes of the Urban and Community Forestry Program California Climate Investments Grant Program, the STATE shall have the option to either cancel this Agreement with no liability occurring to the STATE, or if possible and desirable, offer an Agreement amendment to GRANTEE to reflect the reduced amount available for the Project. 6. Project Administration a. GRANTEE shall provide the STATE a written report showing total final Project expenditures and matching funds before work on the Project begins. GRANTEE must report to the STATE all sources of other funds for the Project. if this provision is deemed to be violated, the STATE will request an audit of GRANTEE and can delay the disbursement of funds until the matter is resolved. b. GRANTEE shall promptly submit written Project reports as the STATE may request throughout the term of this Agreement. c. GRANTEE shall submit a final accomplishment report, final invoice with associated supporting documentation, and copies of materials developed using GRANT FUNDS, including but not limited to plans, educational materials, etc. within 30 days of Project completion. 7. Financial Records a. GRANTEE shall retain all records described in Section 7(c) below for three (3) years after final payment by the STATE. In the case an audit occurs, all such records shall be retained for one (1) year from the date is audit is completed or the three (3) years, whichever date is later. b. GRANTEE shall maintain satisfactory financial accounts, documents, and records for the Project and make them available to the STATE for review during reasonable times. This includes the right to inspect and make copies of any books, records, or reports of GRANTEE pertaining to this Agreement or matters related thereto. 7 28 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project c. GRANTEE shall keep such records as the STATE shall prescribe, including, but not limited to, records which fully disclose (a) the disposition of the proceeds of state funding assistance, (b) the total cost of the Project in connection with such assistance that is given or used, (c) the amount and nature of that portion of the Project cost supplied by other sources, and (d) any other such records as will facilitate an effective audit. All records shall be made available to the STATE, other State of California agency, or other entity as determined by the State of California for auditing purposes at reasonable times. d. GRANTEE shall use any generally accepted accounting system. 8. Project Termination a. This Agreement may be terminated by the STATE or GRANTEE upon 30- days written notice to the other party. b. If either party terminates the Agreement prior to the completion of the Project, GRANTEE shall take all reasonable measures to prevent further costs to the STATE under the Agreement and the STATE shall be responsible for any reasonable and non -cancelable obligations incurred by GRANTEE in the performance of this Agreement prior to the date of the notice to terminate, but only up to the undisbursed balance of funding authorized in this Agreement. c. Failure by GRANTEE to comply with the terms of this Agreement may be cause for suspension of all obligations of the STATE hereunder at the discretion of the STATE. d. Failure of GRANTEE to comply with the terms of this Agreement shall not be cause for the suspension of all obligations of the STATE hereunder if in the judgment of the STATE such failure was due to no fault of GRANTEE. At the discretion of the STATE, any amount required to settle at minimum cost any irrevocable obligations properly incurred shall be eligible for reimbursement under this Agreement. e. Finai payment to GRANTEE may not be made until the STATE determines the Project conforms substantially to this Agreement. 9. Hold Harmless a. GRANTEE shall defend, indemnify and hold the STATE, its officers, employees, and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in 8 29 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of GRANTEE, its officers, agents, or employees. The duty of GRANTEE to indemnify and hold harmless includes the duty to defend as set forth in Civil Code Section 2778. This Agreement supersedes GRANTEE's right as a public entity to indemnity (see Government Code Section 895.2) and contribution (see Government Code Section 895.6) as set forth in Government Code Section 895.4. b. GRANTEE waives any and all rights to any type of express or implied indemnity or right of contribution from the STATE, its officers, agents, or employees for any liability resulting from, growing out of, or in any way connected with or incident to this Agreement. c. Nothing in this Agreement is intended to create in the public or in any member of it rights as a third -party beneficiary under this Agreement. 10. Tort Claims FEDERAL: The United States shall be liable, to the extent allowed by the Federal Tort Claims Act 28 United States Code 2671-2680, for claims of personal injuries or property damage resulting from the negligent or wrongful act or omission of any employee of the United States while acting within the scope of his or her employment, arising out of this Agreement. STATE: The State of California shall be liable, to the extent allowed by law and subject to California Government Code, Title 1, Division 3.6, providing for the filing of tort claims against the State of California, for personal injuries or property damage resulting from the negligent or wrongful act or omission of State of California employees while acting within the scope of his or her employment, arising out of this Agreement. 11. Nondiscrimination The State of California prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, sex, marital status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because ail or part of an individual's income is derived from any public assistance program. GRANTEE shall not discriminate against any person on any of these bases. 9 30 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project 12. Incorporation The grant guidelines, quantification methodology and the Project Scope of Work, Project Budget Detail and any subsequent amendments or modifications to the Project Scope of Work and Project Budget Detail approved in writing by the STATE are hereby incorporated by reference into this Agreement as though set forth in full in this Agreement. 13. Severability If any provision of this Agreement or the Project Scope of Work thereof is held invalid, that invalidity shall not affect other provisions or applications of this Agreement which can be given effect without the invalid provision or application, and to this end the provisions of this Agreement are severable. 14. Waiver No term or provision hereof will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing and signed on behalf of the party against whom the waiver is asserted. No consent by either party to, or waiver of, a breach by either party, whether expressed or implied, will constitute consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 15. Assignment This Agreement is not assignable by GRANTEE either in whole or in part. 10 31 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project ADDENDUM — CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT PROJECTS 1. SPECIAL PROVISIONS 1. Grant funds shall be used on projects with the primary goal of reducing greenhouse gases (GHGs) and furthering the purposes of AB 32 (Chapter 488, Statutes of 2006), California's Global Warming Solutions Act of 2006. 2. Grant funds shall be used on projects limited to specific activities as described in GHG Grants Procedural Guides. 3. Greenhouse gas reduction must be calculated using the ARB Greenhouse Gas Quantification Methodology (https:/1www.arb.ca.00v/cc/capandtrade/auctionproceeds/calfire ucf 16-17.pdf). 4. Grantee shall report project and benefits information when requested by the State (e.g., GHG reductions, disadvantaged community benefits, energy/water savings, and other co -benefits). 5. Grantee shall maintain accurate and detailed records documenting project description, projectlocation, and schedule, GGRF dollars allocated, and leveraged funds throughout the duration of the project. 6. Failure of Grantee to meet the agreed upon terms of achieving required GHG reduction may result in project termination and recovery of funds. I[. MONITORING AND REPORTING REQUIREMENTS Ni Greenhouse Gas Reduction Fund (GGRF) projects are required to monitor and report on carbon flux. This includes direct emissions, avoided emissions and sequestration. All such emissions should be monitored and reported separately. In addition, the Urban & Community Forestry and Forest Legacy Program Grants have to monitor and report on other metrics. Monitoring should be done at sufficient intervals to allow periodic reporting per the specific requirements of the individual grant program. Carbon flux should be expressed as the difference between the pre -project baseline and the in -progress or completed project at the end of the given monitoring period. This will require the establishment of a pre -project baseline from which direct emissions, avoided emissions and sequestration can be periodically measured throughout the crediting period1 on the project area. Emissions and sequestration measurements should be expressed as metric tonnes of carbon dioxide equivalent [MTCO2e]. Net Greenhouse 1 The crediting period is the time period over which the project accrues GHG benefits. 1 32 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project Gas (GHG) benefit of the project will be determined by the sum of the GHG emissions reductions and sequestration less any GHG emissions resulting from project implementation. All other metrics should be reported in the appropriate units of measure. The reporting requirements should determine the timing and frequency of monitoring actions as described in Table 1. a. TABLE 1 CCI GRANT REPORTING REQUIREMENTS Grant Program What to Report Reporting Frequency Report Due Urban & Community 1, 3, 6, 9, 10, Quarterly, At January 1, April 1, Forestry 11, 12, 13, 14, Completion July 1, September 15, 16, 18, 19, 1, At Completion 20 with final invoice Forest Health 2, 3, 4, 5, 6, 7, Annually, At September 1, At 8, 9, 10, 11, 12, Completion Completion with 13, 17, 19, 20 final invoice b. CCI GRANT REPORTING REQUIREMENTS 1. Increased carbon sequestration through tree growth. 2. Increased carbon sequestration through tree growth and timberland management. 3. GHG emissions resulting from project implementation actions (fuel reduction activities, timber harvesting, sanitation harvesting, site preparation, research activities, etc.) 4. Avoided GHG emissions resulting from reducing hazardous fuel load potential that could lead to iarge wildfires. 5. Avoided GHG emissions resulting from retaining the forest and avoiding conversion to another use. 6. Avoided GHG emissions resulting from utilization of the removed trees or other vegetation for biomass energy, solid wood products or other products. 7. Avoided GHG emissions resulting from preventing spread of disease to healthy forests by selectively removing pest- or pathogen -infected trees. 8. Avoided GHG emissions resulting from research activities. 9. Estimated net GHG henefit achieved to date. 2 33 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project 10. Estimated net GHG benefit for entire project to date [provide total MTCO2e over the project life]. 11. Project status [provide one of the following: (a) started during reporting period; or (b) in progress.] 12. Project activities completed [e.g., milestones achieved]. 13. Additional project benefits and results [if applicable, provide estimated totals, if available, or qualitative descriptions, of the following: (a) vehicle miles traveled reductions; (b) open space or greenbelt creation or preservation; (c) wildlife habitat preservation; (d) tons of biomass generated from forest easements and delivered to a renewable energy facility; (e) tons of harvested wood generated from forest easements and delivered to a mill; and (f) property acquired to be repurposed as an urban forestry project site.] 14. Number of trees planted and location. 15. Vegetation planted and location. 16. Maintenance activities conducted. 17. Verification that the land is still being managed in accordance with the terms of the forest conservation easement. 18. Verification that the site is still being maintained in accordance with the terms of the grant agreement. 19. At completion, summarize project accomplishments, including benefits to disadvantaged communities. 20. At completion, summarize co -benefits for entire project [if applicable, e.g., vehicle miles traveled reductions; open space creation or preservation; wildlife habitat preservation]. 21, Grantee shall provide photos, literature, presentations and other media developed concerning the Project to the Grantor when requested. III. PROGRAM ACKNOWLEDGEMENT/RECOGNITION Ali projects funded both fully and partially by the GGRF must clearly display, identify and label themselves as being part of the "California Climate Investments" program. The acknowledgement must contain the "California Climate Investments" and CAL FIRE logos as well as the following statement: 3 34 of 350 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project "Funding for this project provided by the California Department of Forestry and Fire Protection as part of the Califomia Climate Investments Program." A draft of the acknowledgement must be approved by the STATE prior to publication. In addition, all projects funded both fully and partially by GGRF must contain the following statement in public announcements or press releases on said projects: "The National City Urban Forest Expansion and Improvement Project is part of Califomia Climate Investments, a statewide program that puts billions of cap -and -trade dollars to work reducing greenhouse gas emissions, strengthening the economy and improving public health and the environment —particularly in disadvantaged communities. The cap -and -trade program also creates a financial incentive for industries to invest in clean technologies and develop innovative ways to reduce pollution. California Climate Investment projects include affordable housing, renewable energy, public transportation, zero -emission vehicles, environmental restoration, more sustainable agriculture, recycling and much more. At least 35 percent of these investments are made in disadvantaged and low-income communities. For more information, visit California Climate Investments." 4 35 of 350 2016/2017 Urban & Community Forestry California Climate Investment Grants Project Application Form Fill out the form completely. Please see the submittal instructions at the bottom of the form. The Project Tracking Number requested is listed In the letter of invitation you received. CAL FIRE Project Tracking Number: 116-GHGUF-01-UFE-OO7 Name of Organization [atyofwationaicty Project Title 'National City Urban Forest Expansion and Improvement Project Project Type !Urban Forest Expansion & Improvement Requested Grant $ $650,800.00 Matching $ $219,37$.00 Primary Source of CA Registered Professional Forester Technical Advice Total Project $1$870,175.00 1 Explanation cottStephenson, RPI-#2949,-15ACerti re Arbonst Wh-1 (if required) Professional's First Name Scott Professional's Last Name Stephenson 1. Applicant information - Eligible applicants include cities, counties, qualifying districts, or nonprofit organizations qualified under section 501(c)(3) of the Internal Revenue Code. Type of Organization City 3A. Primary Project Contact information First Name Leslie Last Name Deese Email Ideese@nationalcityca.gov } Phone Number) (619) 336-4240 Address 1 1243 National City Boulevard Address 2 I City !National City State !California 18, Secondary Project Contact information County Diego I Zip Code [i950-4301 First Name 'Kum , Last Name IMuthusamy, P.E. Email kmuthusamy@nationalcityca.gov Phone Number' Address 1 b243Nat1onacityBou1evard Address 2 1 (619) 336-4383 City !National City State California County !San Diego Zip Code 9195Q-4301 1 C. Correspondence Details: List any information needed for project contacts, invoicing, etc. GHG Reporting Contact- DUDEK, Michael Huff, (949) 450-2525, mhuff@dudek.com 36 of 350 2. Partner information - List primary project partners or co-sponsors. Applicants must provide a letter of commitment from each partner organization that affirms their role in the project. 2A. Name of Organization 1 lUrban Corps of San Diego First Name ITy Last Name [Sterns Partner Contact Title IDesign/Build Manager Email Itsterns@urbancorps.org Comments I Phone Number' (619) 235-6884 2B. Name of Organization 2 Tree San Diego First Name 'Laurie t Last Name'Broedling Partner Contact Title 'President and Executive Director Email Ibroedling@outiook.com Phone Numbed- (619) 307-1760 Comments' 2C. Additional Partners: list additional partner organizations with contact person, email address, and phone number. West Coast Arborists, Michael Palat, Area Manager, mpalat@wcainc.com, (858) 566-4204 3. Grant Period: provide the estimated start and end dates of the grant project. This date cannot be after March 30, 2020. Final billing must be received within 30 days after the completion date. Project Start Date Jun 1, 2017 Project Completion Date jMar3012O2O 4A. CES 2.0 Disadvantaged Communities (DACs): Fill in the percentages below. In the larger box, describe what ARB criteria (see grant guideiines)are being met to be considered "in" or `providing benefits to" DACs. Reference Appendix L of grant guidelines. Percentage of project meeting definition of "in" DAC 100 Percentage of project that "provides benefits to" DACs. 10i 0 j t...... The majority of the project Is in a publicly accessible area within walking distance of the Disadvantaged Community and the project terms provide for maintenance of the trees and related vegetation beyond the minimum establishment period. The majority of the trees planted by the project are accessible by walking within 1/2 mile of the disadvantaged community. 4B. DAC census tracts: In the box below list DAC census tracts for the project that will meet the definition of being "in". Census tracts should be listed using the 10 digit number found for each tract on the map(s) at http://www.calepa.ca.gov/EnvJustice/GHGlnvest/. A majority of the project will occur within or within a half mile of census tracts 6073011602, 6073012401, 6073011601, and 6073021900 which meet the definition of Disadvantaged Community in the City of Nationai City, San Diego County. Additionally, numerous planting sites have been identified adjacent to the Disadvantaged Community which are part of green -spaces, cycling/walking paths, and roadways connecting to the Disadvantaged Community. 37 of 350 5. GHG Methodology: Fill in the GHG calculated amounts below. Describe the assumptions used to quantify GHG reductions using the ARB Quantification Methodology as required in the grant guidelines and found at: https:/jwww.arb..ca.gov/eel capandtrade/auctionproceeds/quantification.htm. You are required to attach UTCC runs for species specified and the ARB calculator output. 5A. Estimated carbon stored (MT CO2e) 2,449 58. Estimated avoided emissions (MT CO2e) 11,445 5C. Estimated project emissions (MT CO2e) 1195 513 Net GHG benefit (MT CO2e). (5A + 5B) - 5C = 3,699 The greenhouse gas (GHG) benefits calculated for this proposal are derived from anticipated planting of 1,700 trees in vacant planting sites during the life of the project, which are expected to grow over a 40-year period beginning on the first day of the project. Planting 1,700 trees, along with the City's commitment for 9 years of ongoing maintenance and replacement, will result in direct, quantifiable GHG benefits. The GHG values presented above were calculated using the USDA Forest Service Urban Tree Carbon Calculator (for sequestered and annual emission reduction values for shade and climate effects) and the California Air Resources Board Greenhouse Gas Calculator (for emissions and total emission reduction values) and provides estimates at 40 years after the first day of the project. Using '. the Tree Carbon Calculator, the Total CO2 Stored value (kg/tree) and annual emissions reduction value (kg/tree) were calculated for 14 representative tree species. The 14 species used in the calculations were derived using the Streets Species Codes crosswalk. The Total CO2 Stored values for all 1,700 trees were added together to present the Estimate of GHG Sequestered value included above. The Emission Reductions (CO2 Equivalents) value (kg/tree) was also calculated for the 14 representative tree species. An estimated 50% of the 1.700, or 850 trees will be planted near buildings and provide GHG emissions reductions. It was assumed that 25-percent of the trees planted near buildings would be planted in each azimuth location (north, south, east, or west) and that trees would be planted between 20 and 40 feet from a structure. The Emission Reductions (CO2 Equivalents) values for all 850 trees, using the average of all aspects for each species, were then added together to present the Estimate of GHG Avoided value included above. GHG totals will be tracked and reported over the grant period using the free Carbon Calculator (for sequestered and annuai emission reduction values for shade and climate effects) and the California Air Resources Board Greenhouse Gas Calculator (for emissions and total emission reduction 1 values). Protect GHG reporting will be completed quarterly for each grant project progress report. Projected direct sequestration will be i reported separately from the calculated value of avoided emissions. For GHG sequestration and avoidance values, the Tree Carbon Calculator will be used and inputs will be based on the total trees planted to date. Data from planted trees (species, size, age) will be recorded and entered into the Tree Carbon Calculator and the results for sequestered carbon and avoided emissions will be summed. For GHG emissions, the report will rely on the estimates provided by the California Air Resources Board Greenhouse Gas Calculator. A summary calculation will be included in each report. GHG reduction calculations and modeling were prepared by Scott Stephenson, Registered Professional Forester #2949 and ISA Certified i Arborist. 38 of 350 6. Narrative. In the sections below, please follow the prompts and provide all relevant information for the project. 6A. Background. Describe the situation in the project area(s) and problems in the project area(s) that need attention. National City (population: 59,834 (U.S. Census Bureau, 2013 Estimate)) manages an estimated 10,000 trees and 1,700 vacant planting spaces. A Disadvantaged Community, as defined by CaIEPA, the City is "disproportionately burdened by and vulnerable to multiple sources of pollution". This is in part due to the City's badly depleted urban forest canopy. This project proposes to replenish this resource, improving the quality of life for the residents in a City with over 1296 pedestrian population, one of the highest in San Diego County. This project is designed to address this problem by accelerating the Citys tree planting goals from 40 trees per year over 40 years, to over 560 trees per year over the next three years and advancing the establishment of a mature urban forest. Benefits derived from a mature urban forest canopy directly counteract the effects of pollution by conserving energy through strategic shade tree planting, reducing stormwater runoff through canopy interception, improving water quality and erosion control, beautifying the City, and improving air quality and calming neighborhoods, among other benefits derived from a well -managed urban forest. Acknowledging the rapid onset of climate change, the City sees that the GHG benefits of this project, which are maximized with an aggressive planting schedule and a diverse planting list of carbon hungry, drought -tolerant trees, will transform their urban forest into a productive carbon sink and counteract the effects of greenhouse gases. The City is particularly affected by high unemployment and underemployment and has teamed up with the Urban Corps of San Diego, providing youth ages 18-26 with job training, to ensure that this project is able to address the community's need for employable skilled workers. The City has already taken steps toward enhancing the urban forest through the implementation of the National City Urban Forest Management Planning Project, funded by the CAL FIRE Urban & Community Forestry Grant Program for 2014/2105 (Grant Agreement 8GG14423). This project has 5 objectives: 1) create a GIS-based City Tree Inventory, 2) create an Urban Forest Management Plan (UFMP) for the City's forest, 3) update the City's Tree Master Policies and Ordinances, 4) improve the City's Urban Tree Program Website, providing a web -based tree maintenance scheduling interface for residents, and 5) plant 400 carbon hungry, drought tolerant trees. The city and contractors are actively engaged in working toward achieving each of these objectives. Other recent efforts include National City's collaboration with CIRCLE and Tree San Diego in 2016 to plant 165 trees in the City. National City continues to demonstrate their commitment to reducing GHG and pollutant's in their community by aggressively pursuing every opportunity to expand and improve their urban forest. 6B. Project Objectives - What are the objectives of the proposed project? How do they address the situations and problems identified in the background section? The objectives for the proposed project are directly aligned with the objectives of the Urban Forest Expansion and Improvement Grant type, including: 1) Develop a project that is located within and provides benefits to Disadvantaged Communities to counteract the effects of pollution, reduce unemployment and underemployment, and provide the benefits of urban forests to those that are most in need. 2) Offset carbon emissions through carbon sequestration and avoided emissions to counteract the effects of greenhouse gases in a City heavily impacted by the industrial Unified Port of San Diego and the San Diego Naval Base. Creating a more pedestrian friendly environment will further serve the objective of reducing carbon emissions and build on past projects which have established miles of walkways and cycling paths. 3) Restore a mature urban forest using a diverse pallet of large, California native and friendly, drought -tolerant trees to provide economic, environmental, and social benefits within the community. 4) involve the community in tree planting and care and foster stewardship within the residents while educating residents about the importance of an urban forest and GHG reduction. Provide adult work skills training, school field trips and workshops, fight the effects of polluting industries, and commit local businesses to the cause. 39 of 350 6C. Scope of Work Describe the approach to be used, the design (methods), and implementation of the. project. Include who will be involved with specific tasks and justify why the approach, methods and implementation is the most effective way to accomplish the objectives. Include a description of project sign contents and their locations. (continued on next page) National City will meet each of the proposed objectives in the following manner: 1) Serving Disadvantaged Communities: National City Public Works Department, with a commitment of active participation from local residents and community groups, including the Urban Corps of San Diego, will plant all 1,700 planting sites within or accessible from a CaIEPA designated Disadvantaged Community. 2) Offsetting carbon emissions: The City, with the help of a Certified Arborist, has identified 1,700 planting sites which can sustain carbon -hungry trees and provide shade for cooling of buildings, roads, parking lots, and pathways. A Certified Arborist has assisted with selecting a diverse planting pallet of carbon -hungry, drought -tolerant trees. Additionally, the City has committed to 9 years of establishment care for each tree beginning on the first day of the project, exceeding CAL FARE's required maintenance period by an additional 6 years. 3) Restoring a mature urban forest: Planting all available 1,700 planting sites within and accessible to the Disadvantaged Community during the project will advance the establishment of a mature urban forest and the economic, environmental, and social benefits that it provides. At the City's current rate of planting 40 trees per year, it will take over 40 years to plant all the available planting sites vs the 3 years proposed in this proposal. Tree planting shall adhere to the CAL FIRE "Guideline Specifications for Selecting, Planting, and Early Care of Young Trees" and irrigation practices shall adhere to the CAL FIRE guide for "Water -Wise Young Landscape Tree Care" in order to ensure the best chances of success of the project. Suitable planting sites and a diverse, site -appropriate tree species list have been selected with the assistance of a Certified Arborist. If available, the City will utilize locally sourced, recycled, or non -toxic grey water for irrigation. No trees will be planted that require excessive long-term watering, fertilizing, exterminating, or controlling of pests and diseases in order to survive. No trees will be planted that will eventually conflict with overhead or underground utilities or ground - located infrastructure. No invasive species will be planted. No synthetic fertilizers will be used. Tree planting and establishment care requirements: The City will seek tree planting services for the majority of the 1,700 trees. The City will also employ its Public Works Department and leverage partnerships with Ioeal community organizations to accomplish a portion of the tree planting. It is expected that the planting period will occur between early summer 2017 and spring 2020. Trees planted shall consist of those identified in the tree list. If trees in the tree list are not available from the nursery during that time, the City shall request from a Certified Arborist and the CAL FIRE Urban Forester approval of alternative large, drought tolerant trees. Nurserytree quality shall be confirmed as a condition of tree planting g contracts. Sites shall be selected as appropriate for the species. As deemed appropriate for the species, time of year, and planting location, trees may be staked, mulched, or pruned at planting per the CAL FIRE "Guideline Specifications for Selecting, Planting, and Early Care of Young Trees". Tree irrigation care requirements: The City will seek irrigation services for 1,200 (1,700 total less approximately 500 trees planted in irrigated sites) trees. The City will also employ its Public Works Department and leverage partnerships with local community organizations to accomplish a portion of the tree irrigation. Irrigation is to applied by water truck, or other means available to the City. It is expected that the irrigation period will commence in early summer 2017 and proceed until all trees have received 3 years of watering. Those trees planted in 2017 will receive water through the end of summer of 2020. Those trees planted in 2018 will receive water through the end of summer of 2021. Those trees planted in 2019 will receive water through the end of summer of 2022. And any trees planted in 2020 will receive water through the end of summer of 2023. Trees shall receive approximately 3 gallons of water per inch of trunk diameter. Irrigation shall typically be provided during the summer months or other extended dry periods with high temperatures and low relative humidities. Irrigation may be provided outside of summer months as deemed necessary. Frequency of watering will be highest in the first year and occur up to 1-3 times per week. Watering frequency will decrease to weekly occurrences in the second year and bi-monthly occurrences in the third. Any temporary devices used for establishment period irrigation such as tanks, bladders, irrigation line, or drip nozzles shall be checked regularly for breaks and Teaks. 40 of 350 6C. Scope of Work - Continued from previous page Tree pruning and replacement requirements: The City will seek pruning, stake removal, and tree replacement services for 1,700 trees. The City will also employ its Public Works Department and leverage partnerships with local community organizations to accomplish a portion of the tree pruning and replacement. Tree pruning and replacement shall be provided for all trees every third year following establishment for 3 cycles per tree. Those trees planted in 2017 will receive pruning and replacement care through the end of summer of 2026. Those trees planted in 2018 will receive pruning and replacement care through the end of summer of 2027. Those trees planted in 2019 will receive pruning and replacement care through the end of summer of 2028. And any trees planted in 2020 will receive pruning and replacement care through the end of summer of 2029. Tree planting shall adhere to the CAL FIRE "Guideline Specifications for Selecting, Planting, and Early Care of Young Tree?. Replacement tree species shall be determined by the original planting list, or a Certified Arborist and CAL FIRE Urban Forester approved alternative large, drought tolerant tree. Planting, irrigation, and pruning requirement will be consistent with the above stated requirements. Irrigation facility requirements: The City will seek services for repairs and upgrades for seven existing irrigation systems and for the installation of two new high efficiency irrigation systems. The City will also employ its Public Works Department and leverage partnerships with local community organizations to accomplish a portion of the irrigation systems upgrade and new installation. If available, the City will utilize locally sourced, recycled, or non -toxic grey water for Irrigation. System components shall not include inefficient irrigation valves, pumps, or sprinkler control timers. Irrigation systems shall be checked regularly for breaks and leaks. 4) Involving the community: The City is working with the Urban Corps of San Diego, a local non-profit organization, to engage the public in the tree planting activities. The Urban Corps has been engaged to incorporate elements of the tree planting project into its jobs training program for youth ages 18-26. Other community partners contacted during the application process include: Tree San Diego, Olivewood Gardens, Envrionmental Health Coalition, National City Chamber of Commerce, Local School District Parent Teacher Associations, Local Neighborhood Councils, and CIRCLE. Additionally, the City will utilize public responses garnered through its web - based tree maintenance scheduling for residents and hold public workshops to educate the public about the project and seek input from residents. CAL FIRE required posters and signage will be displayed in publicly visible locations near the project. All tree planting will occur on city -controlled property and there are no engineered infrastructure components of the project. The project team will be led by the Department of Public Works, in partnership with City planners, an ISA Certified Arborist, local non-profit organizations: a Registered Professional Forester (as needed), and area residents. The City will put the specialty services work for the project out to bid to qualified consultants with demonstrated experience In this type of work and use in-house staff as necessary. The team will work collaboratively throughout the process and will seek public input through various means, including on-line surveys and public workshops. The team will consult the CAL FIRE Regional Urban Forester for assistance throughout project implementation, and in subsequent years, to ensure that the Regional Urban Forester's input is taken Into account and that the project is meeting expectations and consistent with current science and urban forestry best management practices in the region. This is a project -ready project and the City is ready to move forward immediately. The Department of Public Works has extensive experience in the area of urban greening and tree planting and maintenance and has adequate capacity to carry out this project. The project has been designed to supplement and not supplant any locally funded budget item. 41 of 350 6D. Project Timeline - Provide a project timeline. Do not list specific dates or months due to uncertainty in when projects may begin. Plan on projects ending no later than March 30, 2020. It is anticipated that this project will commence in June 2017 and end no later that March 30, 2020. The City expects that planting will commence in 2017 and complete no later than March 30, 2020 and that the establishment period care for all trees planted will end by March 30, 2023. The city will continue to provide pruning, stake removal/adjustment, and replacement services every three years following tree planting for 3 cycles per tree. The City expects that the last tree pruning cycle will occur in 2029 for those trees planted in 2020. 6E. Tree Information (if applicable) - Provide the following information about any trees or plants to be planted as part of the grant project. Include information even if the trees or plants are not to be funded by CAL FIRE. Species List - Provide a list of the tree and plant species for this grant project . Include common name, Genus, and species. Include the approximate number of each species to be used. List minimum planting stock size for each species. 43 species anticipated to be planted include: Weeping Acacia (Acacia pendula), African Fern Pine (Afrocarpus falcatus), Peppermint Willow (Agonis flexuosa), Marina Madrone (Arbutus 'Marina`), Strawberry Madrone (Arbutus unedo), Queensland lacebark (Brachychiton discolor), Kurrajong (Brachychiton populneus), Queensland Bottle Tree (Brachychiton rupestris), Lemon Bottlebrush (Callistemon citrinus), White Bottlebrush (Callistemon salignus), Rose Bottlebrush (Callistemon salignus var. salignus), Gold Medallion (Cassia leptophylla), Deodar cedar (Cedrus deodara), Silk Floss ( Ceiba speciosa), Chitalpa (Chitalpa tashkentensis), camphor tree (Cinnamomum camphora), red flowering gum (Corymbia ficifolia), 5yke's Coral Tree (Erythrina x sykesii), Indian laurel fig (Ficus microcarpa), Evergreen Ash (Fraxinus uhdei), Australian Willow (Geijera parviflora), Toyon (Heteromeles arbutlfolia), Purple Jacaranda (Jacaranda mimosifolia), Brisbane Box (Lophostemon confertus), Catalina Ironwood (Lyonothamnus fioribundus), Southern Magnolia (Magnolia grandiflora), Drooping Melaleuca (Melaleuca armillaris), Pink Melaleuca (Melaleuca nesophila), Cajeput Tree (Melaleuca quinquenervia), New Zealand Christmas Tree (Metrosideros excelsa), Kermadec Pohutukawa (Metrosideros kermadecensis), Canary Island Pine (Pinus canariensis), Italian Stone Pine (Pinus pinea), Victorian Box (Pittosporum undulatum), California Sycamore (Platanus recemosa), London Plane Tree (Platanus x acerifolia), Chilean Mesquite (Prosopis chilensis), Catalina Cherry (Prunus ilicifolia ssp. Lyonii), Guava (Psidium guajava), African Sumac (Rhus lancea), Black Locust (Robinia psuedoacacia), Peruvian Pepper (Schinus molle), and Tipu Tree (Tpuana tipu). It is assumed equal numbers of 3-year-old trees (15-gallon containers) of each species will be planted. All are classified as low, or moderate water use speries and capable of growing to 25 ft in height or more. These species are all compatible with the Sunset Climate Zone, and USDA Hardiness Zone, and represent a variety of spacing requirements, allowing for appropriate tree selection to match the site. Total project Trees: 11; /00 Total CAL FIRE Funded 700 6F. Other deliverables. List all other project deliverables and quantities to be funded by CAL FIRE, as well as overall project totals: 2 new low-cost, water efficient irrigation systems including meters and drip irrigation components. 100% funded by CAL FIRE (excluding cost of water) Efficiency upgrades and repairs to 7 existing irrigation systems including drip irrigation components. 100% funded by CAL FIRE (excluding cost of water) The following irrigation systems are being addressed: El Toyon Park water ineter installed needs irrigation repairs; Las Palmas - Newell St - E 22nd St & E 18th St: no water installation, no irrigation. New drip system installation.; Las Palmas - South of E 22nd St irrigation facilities installed; Palm Ave - E 20th St & E 22nd St: meter installed needs irrigation repairs; Plaza Bonita Centerway - Valley Rd & Sweetwater Rd : meter installed needs irrigation repairs; Euclid Ave - Plaza Blvd & 14th St: meter installed needs irrigation repairs: Euclid Ave -1 5th St & 20th St meter installed needs irrigation repairs; Marina Way - Bay Marina Dr & W 32nd St meter installed needs irrigation repairs; Harbor Dr - Civic Center Dr & 4th St: no water installation, no irrigation. New drip system installation. No inefficient irrigation valves, pumps, sprinkler control timers, or overly costly and elaborate irrigation systems will be funded. 42 of 350 7. Budget Information 7A. Budget Detail - Provide a specific budget for work to be done. The budget should be based on bid quotes and/or estimates from vendors or on actual costs that will be incurred. The line items listed should be specific enough to adequately describe project expenses. Use the Excel format CAL FIRE has provided for your budget, and follow the guidance in the Procedural Guide. You should note that applicants, if successful in being awarded a grant, will have tofollow this budget and will only have the opportunity for minor budget adjustments. The total amount of the project can not be changed later. 7B. Vendor List - List the vendors that have provided you quotes or estimates for this project. West Coast Arborists, Inc. Urban Corps of San Diego 7C. Explanation of Budget and Costs - Describe the basis for the budget amounts listed above. Applicants will be expected to adhere to this budget (Continued on next page). Personnel -Salaries: Tree watering and concrete cutting (3,060 hours) +tree replacement (340 hours) -t education & outreach (500 hours). Total = 3,900 hours. -Vendor provided estimate for watering requirements Contractual -Task 1: Vendor estimate of $55/trce -Task 2: Vendor estimate of $60/tree -Task 3: Vendor estimate for 2 new systems and 7 repairs -Task 4: Vendor estimate for quarterly reporting for 3 years. Education and Outreach -Urban Corps provided estimates for educational events and tree planting. Supplies -Vendor supplied estimate of $60/tree 43 of 350 7D. Matching Funds - List other non-GGRF funding sources, that will meet grant matching requirements. Source 1 'City Personnel Hours Description Source 2 I Amount L?75.00 ry Estimated hours for watering, tree care, tree replacement, education and outreach. Description Amount L Source 3 I Description Source 4 I Description Matching funds comments Amount Amount 8. Project Co -Benefits - What co -benefits will the project have? Check the boxes below for the applicable co -benefits, then describe and/or quantify them. Describe how the project will achieve the co -benefits. j5 Stormwater reduction R Improved public health ri Jobs created (Xi Improved water quality rll Enhanced active transportation Ji Job training conducted J Improved air quality Fs' Reduced vehicle miles travelled 5i Community outreach conducted Energy savings r Vacant lot(s) acquired FI Education tools/media produced E` Biomass diverted from landfill g Improved urban forest management Other co -benefits A� 11 ambitious tree planting schedule, the selection of carbon hungry site -appropriate trees, and the City's long-term commitment to tree maintenance will ensure that the following project co -benefits are maximized as the urban forest matures. improved air quality: Approximately 350,000 vehicles are exported out of the Unified Port of San Diego annually and exports are expected to increase to over 400,000 vehicles by 2017. This project will improve the air quality for the City's large pedestrian population by removing air polluting by-products of the port's industrial activity. Additionally, a cooler urban environment will be more pedestrian friendly and encourage human powered forms of transportation, reducing vehicle emissions. improved public health: The City has received requests from PTAs, school boards, and other community groups to plant trees in the western part of the City, where many schools are located and many pedestrian facilities have been developed over the last three years. Additionally, the City has been removing the heavily polluting industries from the western part of the City via a Planning Ordinance. This project, in combination with the Ordinance, and recent development of pedestrian facilities, will encourage active forms of transportation while simultaneously removing pollutants that impact the health of susceptible pedestrian and school populations. Enhanced active transporion• The City has received comments from the San Diego Naval Base that tree planting and further development of cycling facilities is needed to provide a more pedestrian friendly environment for the over 30,000 Navy personnel that commute to the base daily. The Navy and the City are both working to encourage forms of active transportation and reduce vehicle miles traveled by Navy commuters. The cooler urban environment and improvements in aesthetic beauty and air quality will create a more pedestrian friendly environment and encourage human powered forms of transportation. National City has over 12% pedestrian population, one of the highest in San Diego County. 44 of 350 8. Project Co -Benefits - continued from previous page. Jobs: The partnership with the Urban Corps of San Diego will provide jobs training opportunities for youth ages 18-26. The expansion of the City's urban forest will require maintenance and care. The City's commitment to providing maintenance and replacement services, in addition to their long-term commitment to urban forest management as evidenced by the ongoing development of the Urban Forest Management Plan, will result in lasting jobs which require specialty training and provide tangible benefits, such as reductions in unemployment, to the community. Stormwater reduction: Through canopy interception and improved soil infiltration, advancing the establishment of a mature urban forest will reduce stormwater runoff. Improved water quality: Stormwater reduction through unproved infiltration and canopy interception replenishes fresh ground water supplies. Receiving waters of San Diego Bay will take in fewer pollutants over time. Other co -benefits: It has been demonstrated in similar projects that the communities receive numerous additional co -benefits including higher property values, reduction of heat island effects, and reduced road maintenance costs. 9. Certifications & Forms- The following certifications must be filled out and signed by the appropriate person. 9A. Certification of Party Responsible For Maintenance Appropriate representative Leslie Deese certify that the Appropriate agency City of National City will provide or be responsible for 100% of the maintenance for a minimum of 3 years after the end of the grant period in accordance with ANSI A-300 tree care standards, the accompanying SSA Best Management Practices and the standards outlined in the grant agreement and/or grant attachments with the California Department of Forestry and Fire Protection. Signature Title Leslie Deese Dtgttally signed by Leslie Deese DN: crr=Leslie Deese, oeClly of . Natonat City, ou=City Manager, emoWdeeae®retbneld; .;,ov, ckg D.,t.. 2017.041013AM. 8-f 7OO' City Manager Date 4/26/2017 Phone Number 619-336-4240 9B. Statement of Compliance With All Applicable Laws (all projects must fill out and sign) I Appropriate representative Leslie Deese certify that the Appropriate agency City of National City will abide by all applicable federal, state, and local laws, ordinances, regulations and policies in carrying out this State bond -funded project. Failure to do so will lead to cancellation of the grant award. Signature Title Leslie Deese , . DlgaeUy signed by Lealle Deese DN:.r LesPa Deem, o=Cry of , Neliarml City, ...City Manager, emelleldeeseametl.rmkRyra.e.v, D.ie: 2017.04.2E 13:44;33.0711Y City Manager Date 4/26/2017 Phone Numbe 619-336-4240 45 of 350 9C. Recycling Certification (all projects must fill out and sign) - This certification applies to all state contracts and, to the extent feasible, all federally funded contracts. Contractor certifies under penalty of perjury that percent 50 ' of the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12616 and 12200, in materials, goods, or supplies offered or products used in performance of this Agreement, regardless of whether the product meets the required recycled product percentages defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10308.5, 10354) Signature Leslie Deese Title lay Manager DIgmay aired by Les% Deese DN: amLeslle Deese, o=Clty of NeUorpd City, our.CHy Manager, Ide®saneto elopyaa..gov Date:2617.042613r14:14.0760' 9D. Checklist of Necessary Forms To Be Completed. Date 4/26/2017 Phone Number 619-336-4240 Some may not be applicable to your project. 17i CAL FIRE Urban Forestry Program Environmental Checklist 0; State of California Non -Discrimination Compliance (Std. 19) • Proof of CalEnviroScreen 2.0 community designation. r; Governing Body Resolution (must follow sample format) ri Representative project area maps with DAC information. F Project sign schematic (including CAL FIRE and CCI logos) C: 5-10 representative site photos fl Other: List other attachments: SIGNATURE: The authorized primary project contact for the applying organization must sign below. This must be the person, or person holding the position, that is mentioned in the required governing body resolution, and the same person or position signing all of the other required forms. The signature indicates that, to the best of the signer's knowledge, all of the information provided in this application and all attached required forms and documents is accurate and correct. The signer additionally acknowledges that they have read and understand the grant program RFP and the Procedural Guile common to all of the CAL FIRE Urban & Community Forestry grant programs. r° State of California Drug -Free Workplace Certification (Std. 21) • State of California Payee Data Record (Std. 204) ix! Signed letters of participation from listed partners. >C{ Urban and Community Forestry Project Budget iX UTCC runs for assumptions used, ARB Calculator filled in. City Resolution to be brought to City Council on May 16, 2017. Signature Leslie Deese ' Dlyilelfy signed by leash Deese ON: cn-Lee6e Doris, o=CHy of National City, ou-C1ty Manager, • 'a neYrldeeee@nalbnalci yca.go .w:a=us. Dale. i1017.1r 2$ 43.44 O1 -070P Printed Name Leslie Deese Title City Manager iDate 4/26/2017 Please fill out this form completely. Be sure to save a copy of this form for your records. Submit one (1) electronic copy in the filiabie PDF format with all supporting materials to CALFIRE.Grants@fire.ca.gov. Please use "U&CF GGRF Project Application" in the E-mail subject line and include yourself as a cc. Your CC will be proof of your submittal. In addition, submit one (1) hard copy with signatures and all supporting materials to : California Department of Forestry and Fire Protection, Attention: Grants Management Unit/Urban and Community Forestry Greenhouse Gas Reduction Fund Grant, P.O. Box 944246, Sacramento, CA 94244-2460. Both hard copy and electronic copy must be postmarked no later than the due date in the invitation letter you received. If you would like to mail the hard copy via expedited/overnight mail, please E-mail CALFIRE.Grants@fire.ca.govfor the physical mailing address. CAL FIRE Urban & Community Forestry Program GHG Reduction Grants 46 of 350 8. Project Co -Benefits - continued from previous page. Jobs: The partnership with the Urban Corps of San Diego will provide jobs training opportunities for youth ages 18-26. The expansion of the City's urban forest will require maintenance and care. The City's commitment to providing maintenance and replacement services, in addition to their long-term comtnitrnentto urban forest management as evidenced by the ongoing development of the Urban Forest Management Plan, will result in lasting jobs which require specialtytraining and provide tanglble benefits, such as reductions in unemployment, to the community. Stormwater reduction: Through canopy interception and improved soil infiltration, advancing the establishment of a mature urban forest will reduce stormwater runoff. Improved water quality: Stormwater reduction through improved infiltration and canopy interception replenishes fresh ground water supplies. Receiving waters of San Diego Bay will take in fewer pollutants over time. Other co -benefits: It -has been demonstrated In similar projects that the communities receive numerous additional co -benefits including higher property values, reduction of heat island effects, and reduced road maintenance costs. 9. Certifications & Forms- The following certifications must be filled out and signed by the appropriate person. 9A. Certification of Party Responsible For Maintenance Appropriate representative Leslie Deese certify that the Appropriate agencyJCity of National City will provide or be responsible for 10096 of the maintenance for a minimum of 3 years after the end of the grant period in accordance with ANSI A 300 tree care standards, the accompanying ISA Best Management Practices and the standards outlined in the grant agreement and/or grant attachments with the California Department of Forestry and Fire Protection. Signature Title city Manager Datel4/26/2017 Phone Number 619-336-4240 9B. Statement of Compliance With AR Applicable Laws (all projects must fill out and sign) I, Appropriate representative [esiie Deese certify that the Appropriate agency City of National City will abide by all applicable federal, stater and local laWs, ordinances regulations and policies in carrying out this State bond funded project. Failure to do so will lead to cancellation of the grant award. Signature Title City Manager Date 4/26/2017 Phone Number 6 +9-336-4240 47 of 350 9C, Recycling Certification (all projects must fill out and sign) - This certicalion applies to ail state contracts and, to the extent feasible, ell federally funded contracts. Contractor certifies under penalty of perjury that percent 50 . . of the minimum, if not exact, percentage of recycled content, both post consumer waste and secondary waste as defined in the Public Contract Code, Sections 12616 and 12200, in materials,. goods, or supplies offered or products used in performance of this Agreement, regardless of whether the product meets the required recycled product percentages defined in the Public Contract Code, Sections 12161 and 12200. Contractor may certify that the product contains zero recycled content. (PCC 10233, 10308.5,10354) Signature._ Title City Manager 9D. Checklist of Necessary Forms To Be Completed. V CAL FIRE Urban Forestry Program Environmental Checklist ><. Proof of CalEnviroScreen 2.0 community designation. V' Governing Body Resolution (must follow sample format) Representative project area maps with DAC Information. !i. Project sign schematic (including CAL FMREand CCI logos) rg 5-10 representative site photos E Other. List other attachments: Date 4/20/2017 Phone Numbe r619-33644240 Some may not he applicable to your project. State of Califomia Non -Discrimination Compliance (Std. 19) r State of California Drug -Free Workplace Certification (Std. 21) iSC. State of California Payee Data Record (Std. 204) Signed letters of participation from listed partners. Urban and Community Forestry Project Budget t UfCC runs for assumptions used, ARB Calculator filled in. City Resolution to be brought to City Council on May 16, 2017. SIGNATURE: The authorized primary project contact for the applying organization must sign below. This must be the person, or person holding the position, that Is mentioned in the required governing body resolution, and the same person or position signing ail of the other required forms. The signature indicates that, to the best of the signer's knowledge, all of the information provided in this application and all attached required forms and documents Is accurate and correct. The signer additionally acknowledges that they have read and understand the grant program RFP and the Procedural Guide common to all of the CAL FIRE UrbOtt & cnm: sweaty Forestry grant programs. Signature Printed Name [Leslie Deese Tale 'City Manager Date 4/26/2017 Please fill out this form completely. Be sure to save a copy of this form for your records. Submit one (1) electronic copy in the fillable PDFformat with all supporting materials to CALFfRE.Grimitskafire.co.gov. Please use "LU&CF GGRF Project Application" In the E-mail subject line and include yourself as a cc. Your -CSC will be proof of your submittal.. in addition, submit ore (1) hard copy with signatures and all supporting materials to : California Department of Forestry and Fire Protection, Attention: Grants Management Unit/Urban and Community Forestry Greenhouse Gas Reduction Fund Grant, P.O. Box 944246, Sacramento, CA 94244-2460. Both hard copy and electronic copy must be postmarked no later than the due date In the Invitation letter you rrce;v d. If you would dice to :rail the hard ospy via expedited; nevi,►gilit mall, please E-finisi1 U'ajiRE.Gionts@fire.ol.gov for t ile physical mailing address. CAL FIRE Urban & Community. Forestry Program GHG Reduction Grants 48 of 350 National City Urban Forest Expansion and Improvement - Project Budget City of National Clay -5?df s,�� -k. �� RKs / F+', "+i3•�,k "• �y[ �E"�. y, > "i�y4".,, aK''�. ,• �' .x ,�" itN'+.�s3v' ,� • �f e" s4 rt #, a ^, a, f, a �,.7 - X,f , �" r '�' ' '' 4 .5: `g, ' � f� '$ ?S K v s `--' .d' Sx sv�`- : mF -+ c 1 ^,�" .•1y i '�, J c �'r sib u iri... � •xA _f�i 3tiriti, +r' estimated @ 3,900 hrs ..`;-a = : ;,:s: ($90,000/Yr) $45/hr X 3,900 hrs 0 175,500 175,500 1 9 B' i --r `.. estimated .@ 3,900 hrs ' z ' ($.25/dollar) $11:25/hrX 3,900 hrs 0 43,875 43,875 r.h ;a r .F 0 219,375 219,375 s. 4, s:` 1,700 15-gallon $55/tree 93,500 0 93,500 Y �a ii OP . , itrlss 1.70015•gaXnn $60/tree 102,000 0 102,000 ,::,., • ; ' : . - ., 90401•sk$rr+t y .. 9 City parkways. 7 � =': r'ePair/uPBrades and 2 ' new systems. $350,000 350,000 0 350,000 OA 4011.i r i r ' ;, 3 yrs reporting 60 sus, X $166 10,000 0 10,€100 . N. 545,50d 0 545,500 air ,-. 2 programs/year. 6 i -' total $550.00 per , program x 6 programs 3,3D0 0 3,300 1 r 3 300 0 3,300 Stakes, ties, root collar protectors, 3-4 Inches organic mulch (leaf titter, shredded bark, or .:- . wood Chipsj,•organic fertilizer,; organic soil • amendment, soil fill $60/tree 102,000 0 102,000 s ' i.' 102,000 0 102,000 . 5. 650,800 219,375 870,175, t'E 'ICL>.r await,..:.,::. 75 . _ 25 100 49 of 350 lures 6 & Figures 7-10 Data name Ptu*ct Vakii.entry Dalt. !antty Units, Flagg 1 CrielatoZone aISOSailrSoes Bigotedly CO2 arniestons filteicat Electricity CH4 emisslartsiacto1 Eteetrictly N2O emissions factory _ b Tray dna dinning aura array Enter Tree data below-nne tree 8t a: time, then mod reaukls Data name Date :a Units Des Species ends and scientific na Aga (Yeara Tree FM/ Tree distance da0s Buttding Vintage afr eondltioning.equup. Heating equgl. Heating, emladlona fer COA Heating emtssians fardnr'Mg Heating entiss one fsicter N201.4 lemon bottled/lush Agt (years)9,6 In DBH & 20,6 ft high w Near 1950-60 Central.ahlheat pump natural gas {kg/MBtu) (AM) ektONIeb.0 Caron catculelO* Keening (anrl! Ia1) Emission reductions (CO2 equivalents) CO, Sequestration (A.vet oer-0.0 indicate notree Cooling Meeting Coaling Heating Coaling 4. Heatng j grenbill (dry weigh1P kWh/tree. . MBBtuftree ) (kgflree) fkgttroe) I lk((Jtren} OCg ) (kglt►ae) as. 0. �2 9 1.t 14,5 , ,� 6.9 206.4 67.7 'wee a ibkee i (toftraglyead ribbed) jiiNti tO 12.70 0.050 9,6- 7.4 ate a 11.2 WO 1916 1 Total CO, stared Above ground biomass Routes tl & 9 ,f 'c•F T:.:,L.7S,, Lira.+r Dai1'near Species code and amen . Age .h' ) x a Tree a. Tree distiarfce' Bvllding vintag etr.candlfoning �qulp: Heating equip. Heating emissions f Heating emlasiens factor CH, = Healing *Missions factor N2O3L I9ures 7-ID Carbon CelCriletorReevika arm err„I s,.,,!r,.. Tree and EitilldlNg oata.epdy Enter Tree data below ale free al a erne, liven record resells Data e Units Deb alp Tun deader. cedar Age (years) .31.3.1n DSH& 58.0 fthigh W Neer 1950-80 Central elr/ Ieet pump natural gas (icgIMBta) (kglMBtu) 4Btnt Emission redactions' (COR equivalents) ii�{ Tr'• - i .rh'rir r F it' + ,i• !ggure"1 bate moss Fl g'I Flag@ almats Zane EfbCMcity CO2 emissions factor§ Eiecirtay'GH4 enissIons factilti Electricity N2G.emissionsfaci> 'protect n71ta gritty bmh, en > Units Deecii Tree ega $electe'd Shads &.climate selected ti pou h Veit a' South Coast tr,,t i (kg►MWh) (ktf> +) Mitres '8+&'9: Tree Nod Suldtraillete• ierToeetdata below one t tee at lime, ihen' [d results Dada name de a Units Dosed Species code and se: an1mc name titer, letkfin'tuas!l: ". ' t camphor tree Age (yews) _ Age {years) 22. 5 in DWI & 35:7 ft high Tres -azimuth Tree.distants-class 4' Near 0ulklingviritnge 46 1890-80 air conditioning ecruip. i Central-air/heat pump Heating egerup. t Mural gas tieating emissions factor- CO _ 't n.7 Heating emissions factor CHA ' ' ? 0 Heating erAnions Factor Ngdg citglikilStu) lkgiftilBto) Ftgtifei 740 — _ Ge,rtoon Gaieu)atoi' Resuits.(annual) Emission reductions (G02 equivalents) Cooling Heeling Coaling Mime MBtuftree 262c4f 0.13 e'' Heating Gaoling + Heading T. Ski .�T 191,0 vakie o} 0.0 indicates no bee giotol 108.1 0, 0 W Flgufts 8 & 0 "i'ree and Ekfllding iieta:entcy Enter tree Batt belew one: tree at a time then record result.. Dat®nenfa Dvtae Units Description Figures 7-10 Species code and scientific name f Ate (S0013) Tree azimuth Tree dlst rtc8 clam Building vintage •;. alt ex ndifinnin9 equip..x Heating equip. Heating emissions (corm CD Heating emission& factor CH, Heating emission factor N20 reddewer gum Age (years) 33,2In I38H & 37.0 ft high Near 105040 Centel akMheatpurnp "`"• _ .�`:!� natured gas (tu) (kg1MBiu) cietffil to) Copdngl Healing Coaling Heating Cooling .+Heating Ike MBialtree gtglttee)_ _ {tcgrttee) (kgn►ee) 201.27 0.123 79.2 61i 86.7 ktJlbf r e Cdltree lbrtnee Ib1ree !Wee ' 1_27 0130 174.5 14 4 1E19:a 307.2 `1 D00.3 4 575;4 rigtltei Figures 7»10 I r I ii1).3 aw,i 11.0 F1agl Fleg2 CRmat87sm Electricity CO2 emissions raci r§ Mechicky CH4 emissions factor§, ilea N420, milestone Petted foretrerg eel rue army Olga 1!44. Unite Description Tree age eeteeted Sriade & climate setec M u rCw.a t Sot>ar Coalet 16' (taglluDVVh) 0440.110 Tie end Pat11dlle En(erTree data below malaise. et. stm*,Blmireconfiroeaes Date name Species code and scdenaft!s. nerve>I IV, tyeer )' Tree rituth Tree.dlatance class Buiklhtg;virdage eir.cortdisonln$ equip. Heating el - Heeding emisstersa.laclot- CO.4 Heeiing,emisidoesdaator CH+g Heehri ignisel ons l8aor NO Energy tilts Cooling Healing kWhfiree MBtultree 0 0.061 Unite Description jacaranda Age. (years) '91.0 in. DSH & 23:7 n Mall Neer 1950-80 Central airTleatp imp natural gars si ien Celetilstarl'(r O* (annum) Emission reductions (COI equhrelents) Coo IrI 20.7 t arl:/e +fie.0 Heating Oc creel 2.7 Cooling + Heating . Tree. antiBdMdingData end* Ender Ties data betbwarie tree -at a litnerliieri record results 3pecles lode and sciarr&ffc naMa ;',...sweetgurn Age 0 ra) pr"?t .r !' '`�� .'ix► Age .(years) 12.3 irt'D8H & 37,7 Itttlti'ti Tres azimuth i g .per � �' W Tree distance d:.. ;a" K: r. b ,:, Near Building vintage � f : � . ,, "�� ii 1950-B0 � air conditioning @Quip• f �r s � 1 central airiteatpump Healing•equip l <° r t i natural gas Healing enessiana factor- C o.: s { ' A ( ) 7z a Heating emissionsfactor cH;§ U (k9lM Btu) Heating guts:nem fsi-or N-,0§ �� {t ikd1MB1u} rigure 1 Data name Data.rmill -, Units Description. Flsgi ;. Tree age satettad F1802,. 'k,�� ..,��� � ode 8 r.8r»afese:i�xu4ad �aa ^t: Climate Zane K*1a a South Coast Elactrfclty CO2 onions fatter§ f mi nions Efae7ldty014-erriissionsia)ctw§ �k rci ,cyt�'� �° Eloctiicky N2O emissions factort4 (k91MWh) q.e...J.gw 'gC''441L " Ogees $ & 9 Tree ®nN 10430ding_Date $liar Entet Tree data' below °metes lei a Inv. then record re9� "t ri. Dab name pr I❑ arty Liras pew:d atlon Spedns oada and sclentflk name Aga ('ears) Tree azinxatt Tree dlstancadase Building vintage sit condIRanin9 equip. Heating equip. HeaRFng emIsslorrs fasten- COs§ Heating an i/Dsions factor CH& Heating amiesions factor N O Energy: reductions 1,0kgrK t6wla neAlL rrldk406rri, 41 southern magnolia Age (years) 18.0 in DB.W & 33.4fthIgh w Near 1950.86 Central air/hest pump natural gas (kglMStu) (k lBtu) rknmtutu) C111306 Galcuiasor-KeguRa.tarmuay Emissitm reductions (GO2 equtraleni9) coz sequestration to voks of 0.0 indicator no tea Cooling reefing Cooling Heattng Cooling + Healing growth) kWlhltree Meta/tree Rma= 0.6g 61.6 _ _ 6.0 8&6 60.8 k T. _ .. GJRr+ee q Mao &tee 7.66,26 n ao 1382 11 CI 142A:$ .112.1 (dry weight, :suecre 10196.8 446.1 flblhree? Figures 8.8 9 Reject Ciate Setif Data name Data any UrnIs Deecr pit n +� + Tree ege selected Flag s c „r !it. wj fi,,, Rage i _ i x t n Shade & climate' selected a x" n ya South Coast .- Climate Zone � w Electricity CO2 emissions Tect01g r E, V'.l (kg Wf+) Electr1c ty CH4:emissions Teetol§ t n (kg W9) Electricity N2C ems ter.§ , `' : ` required tote ^e, ^FrT + �: T'res.end 8uiktu+Q Date star! Enter Tree data belowcne tree et a time; then record results Det3 mere Data enla-/ Units Qesc i . don $peaks code and sdesAflc MOW Age (years) Tree aalmuth� Tree -distance class, BuIld1ug•vlihtage elt t cnd1th ning egWp• i Hewing acute. `. Heeding emissions factor. CO2 Heating emisslonalectar CH4§, Meeting .en/lesions factor 1.204r new se&land cttdstrnaa trei- Age (years) 17.2 in D8H & 31.7 it NO W Rear 1950-80 Central eMieratpump natural gas (lcg/M13iu) (kglMBte) (kallABtul fyyurea 7-10 Caifion Calnnietor Results (errfual) Cooling Heating KWtinree N)Biuliree 182.43 .0.914 ItWhRPee G.lhTee 82:43 4,891 Cooling Heating Coo8n +Heating (kgttree) (k! ) 4+6 89.9 '�»ir9a /21,2 I igure'1 r-'tgtmes86.& 9 Figures 7=10 Flagl FAag2 Climate Zone Electricity Cq2 entiselonsiador§ Elechi ity OHi4 erAlsafen s fader§ Secirlblty N2O emTeeians f&dto. falter Tree deco tielaw CliCht tr 9 at la time, toe,' retsd results WO nettle Data.entry Units Description Spacial code anti ssaenttfle na Agetientil Tree amimuth Tea distenmeittes Building vintage afr cendl9oriing egiii Heating ergilp. Hating ernistione•fec COz§ Heating em4estons teeter CF ,r$ Heating emieslane nicker NgO§ 1741. peperhark Age. (years) 27.6 in DBH & 408 R111gh W Neer 1950-80 Central Wheat at gee canaiortr;albtfi9tot'(iC911111D (anrnaet) Cooling Heating Cooling Fleeting Cooltng + tleatilg kWhltrec MBttuit ee U. !r°e (tree a. - 2U0.70 .0 ,- ,., . r a 3.2 IMattnreefi. O.i/tree tbill ltnee MAree 20..70 rEMa 124,1 :a 141.1 ,37,ELS . 1 4-13. Flgure.1 Data; name _ Haiti Ft$g2 ClfrmRta:Zone Electrfelty-CO2 emissions factor$ Sedately CH4 emissions factory Electricity N2C) emissions factorg Clata "Irby_ Data Units Description (WWWM►Nh) (kglMwh) �taures ®& g Tres•ait6Scalding bola .entry Enter Tree date below one:tree ate time, Them rocordresultc bate Fauna gib = Units 1'�r�s-�-'ram`-?�'�%�f'•:�;"��' qt Spades code and settaltlie r+arna Age tyeors) Tree azimuth Tree distance does Building vintage air conditioning equip. Heating egidp. Heating emissions factor- CO=§ Heating emissions factor CH.§ HeathwerrisslensftorHA !Imes 7-10 Cooling Heating kWhMree MBWNrne 199,12 0.082 WhRree GJ/t ee Tree age selected Shade & ctknate selected South Coast canary island pine Age (years) 23.6 In OBH & 69,6 0 high w Near 1950480 Central aline& pump natural gals (kglMHtu) (Btu) (kg/MHttg Carbon Calculator Results (alma Cooflig Hwang ,..(lf} /itBe) (kpltrae) 00,3 4.3 (14:7 Tires I e '3C 2s 14944 (a value ar o.° lmilcale! ne.yea (kg/tee) (kg/tee) at. 29162 0tree&ear) (1b/tree) 155,9 6..1291 witmirlimemnpoimtm SILO& rent Yre NUR* Up) WO w►ma SDgau 661117w gopdo WPM a1 fiupaaH.. era° 8ugeaH (sµlagrN.-nbe o) woganFlrv-uolssiui� enuue >atdtesfm aolepn3e3 uogneo Iola INN (n18W1dt se9.l}eu duand *a il* 16,4u03 N gd110 u 43,e H8Q u1•l p ( mg) obv >ooq uppopin OCAKIPS0C1 Oun a U43141 ~WO 60114e14 6111I0e3 f6* Joiov{ suoissono &uima{{. Ship suolsaNus atoReH Oa x4031:suatsspa nkte 134496H dlhba NuolgguciaJIR +1# l� *amp e3utriaIp y1111A+IF9 said 1W ou,iiiiiinusLieras pus epoo sa0gd9 email. u04,� a s n ia.eay.suo.awlaq p JaitiB i4fA11Yljw�u t 4�?� r u , §iotoad 000IsPPL10 OZNAPPPala (�lAh4YA�1f1 Aft °` u g�`: § slta{cslW iff-* A PLgoap• tIop%suasslwa ZOO 142aI3 -+- iPtitA pLas a8e asui _ *t l Iua qL'L said extu t ii' it '4-! �}„ Figures 8 & 9 - Tree lot Building Data entry Enter Tree data below metres at ailing, then record results pate same Delia a Units Description Spathes code and ee ePiBRo name Ago (fe $) Tree azimuth Tres distance class BuiHdhlg vintage atrcononhrg.equip. Heating equip. Heatingemissions factor- C • Healing renissices factor CND$ Heating emiaelons factor N20§ tendert planet/ea Aga (years) 20.3 in DEM & 51.6 fthigh W Near 1950.00 Central -atrfieet pump natural' gee (kg*IBiu) (kglMBtu) ika/MBtu) _ ..___.-_.._..._.._.gym-= .....__..-......._. - 'FigurEs 740 Cerben Calculator Result* (annual) Energy reductions Cooling Heating £609110 Heating Cab1Btg + Heating kWhltree MBtailree fk97lree) OM/tree) (kg/tree) 3200 0.1_t) 97s0 6.7 103.7 irMtrtree G wee +e 133 253,e 1433 223.7 MCI CO2 Total CO2 ground Sequestration Stored , biomass 64 v21110.e10.0 Mtlleates fro Bea omen (dry welph (kg/trea) (kgltree) Wrote) 621 23004 9r'F:ti 01 ' Figure .1 Ft Climate Electricity C-02 emit:goes Electricity Clia.eitifierems fatter§ Electricity N20 erefsstens feeler§ _ 17 -1-1f1(;',.11 1 ' I 1,7; !: ;111- 'J 1 7 ;711 :5;- 11,1r ,17 ,1111111 , cri$1,1 w-tre7; CM-1` ' Pd.• f moot a tsce Tree and On/Meg Date entry Enter Tree geta:-beloweektreeatatitee, !hen reCerri merits Detamame Data Spec seientifle name Attu Dealt) Trecatimaill Tree distant* (taiga Sulfeling vintage air coriefilicinfeg equip. Herding arititil Heating emissions fader- i4011101107 emissions factor CHA Hterifitg emissions factor N10111;;; DU�n Treillage salectsd &Adel, climate selected South COM Urals Destriptton Heating tooling 4- Healtng 9.1 10/Yhttree Get MAN* 07.4C co Sequestration /A value rift haute ris tree grease Total COI Stored W 0 W 01 i, qb{ ail 1,, YI" • R g1'f ai CNmate Zone Electricity CO2 emissions fir§ Electricity CH4 emissions factory Eleehielty+N20 emisabnsfacto Tree age selected. Shade & climate setaeted' South Coast (') (k9rNIWh) (kgrkIWh) Figures.e &9 Tree-ancr8ulkli .17ata Ender Tree data hetov* One tree at a lime, moo record results Data Herne Data.entry Figures • Species cede end scientific na Age (years) Tree. Tree distance Buldirig vintage air conditioning equip..;; Heating equip., Healing emissions factor- CO21 HeatIng emissions factor CHI Hoeft emissions factor %fl§ rm Cooling Heating kWh/tree 63.09 .04. kWhdree Wires htfsbane box Age (years) 10.6 in Deli & 26.4 ft high W Near 4959-80 Central air/heat pump natural gas i urtsbil Catloidtitai' Res9rta anti Emission reductions (CO2 equivalents) Heating Cooling + Heating 4 L., to vaunt of 0.0 Roder Ho two growth) .se 9:5 Total CO2 Stared (dry weight) .3 21 ..4 cat, 0sa,SOTO te t r.Amtecrrrl.Afteaw liesouirces• Projectlaiariias' WHOM% Air Resou3'tes Board end California Department of Forestry & Fire Protection Greenhouse Gas calculator Tool Urban arid Cotrfirts i ty Ferpstry Plc►grant GreenhtGas :reduction Fund Fiscal Year 2OW2OL7 ?dersicn-Decembert?.2i96 GrAnt U.lifuppekebles GHG Be net of Tree Planting Enter date bellWoCherusing the CMG tp. estimate tree carbon storage and, ifapplicable,ciiiGemission reductions fromenergywringsofInit.ridualVeer" Tree li Tree. Planting Site Characteriltic3 QU.ntityof7Y*stobe Planted vAttsTree & Tree Planting Site Cluirarbrrt r Carbon' Stopedin inckvielealTree40Teers Alter Projeet'Start ikg GM Anrneri&KGEmtsion Radii:bonsbon bntrgy5aviags from IndialduelTree PI EOae '•..':.r'J.s`.. 51.E ,e,p.. .:.4 ^J .t ) :Fn e c' • 'Y �.�,¢j,,�'�[ rtga . _ . - ry t i r' t_ V�- . ♦�.t zffX�` e '��5?. S"i" iv!S �'^'� i9ll,� hrsp� } D�ptT♦�fYS'$1-I Lt a{ ' :9f of �'� tee 1 ri ; s �,� , 70 aT i 4t• S } xti•. i.^' ., .. _ .,:'-�-r ��i•it:� ;. -f • -• `•any:J." ..�.�.. _ y:p fir - t y Y - + .s.. •.r • y A:. y y' r tea. ,, ',t~ •.r k� - s��0. �' aan• M v'x L 'e. SUwroTALFORPc*uiATION ' -39 'r r x'w ..: ` .: - : `- _ : Page 3of8 Tree tartan Energy Savings Worksheet 1CTCC} Yea re of EatatAshaientand Replacement Care Providedby Project (years} GKG Benefit of Carbon stoned In Live Project -es ititT O UttG 9enefitfrorn Energy Unrings Air cOte}. G FtG Emksk+nsiram Project implementation IirCOPl Petember 8, 2016 64 of 350 California Alr, Resources Board and California Department of Forestry & Fire Protection Greenhouse Gas Calculator Tool Urban and Community Forestry Program Greenhouse Gas Reduction Fund Fiscal Year 2016-2017 Version 2 - December 8, 2016 Project Name: Grant ID, if eppilcabie: 1 GHG SUmmary Worksheet GHG Benefit of Carbon Stared'in Live Project Trees Estimated Using the CTCC IluiT CO2e) • GHG Benefit of Carbon Stored in Live Project Trees Esfimeted tistng I -Tree Streets (MT .COO) - GHG Benefit -from Energy Savings Estimated Using the CTCC (MTCC2e) GH6 Benefit from Energy Savings Estimated Using i-Tree Streets (MT C00} %= "=`'.: 4 5 d 0 GHG BenefitofCarbon .Stored in Wood Products (MTC42e} ` _., ^ `. :' • : i Y`.:':x'•:,. .: GHG Benefit from Utilizing Stomsfss for Energy Generation (WITC '?^r I •t: GHG Benefit from Preventing the Laridftiling of Biomass (.MTCO;ej .=. .: ,..... GHG Emissions from Project Implementation (MT.0O2e) ' Net GHG Benefit (1VIT CO1e l •,_ ; T< UCF GGRF funds Requested IS) ;: Total GGRF Funds Requested ($} :.-.;.' Net GHG Benefit/Pa GGRF Funds Requested ('J C.02e/$) `" `, , Net GHGBereeftt/TotaIGGRF Funds Requested (MTCO2e/$j .,•..::` '- Page 7of8 GHG Summary Worksheet December 8, 2016 65 of 350 SOURCE: Office ol Environments( tisatthHazards Assessrrient CaJEnviroScreen 2.0 Scores Wi 21-30% 31 -40% 41 - 50°% 51-60% ;, 61 - 70°% 71 80% le 61-90°% 0 Census Tract 0 National City CalEnviroscreen 2.0 Results - National City National City Man Forest Expansion and Improvement Project 66 of 350 SB 535 Disadvantaged Communities r-- COMM Tract CaT£nviroScreen 2.0 Score CaiEnviroScreen 2.I Percentile itange Pollution Burden Percentile Papubtt n Characteristics Percentile Total Population California County VP code census tract fails within Nearbyflriy Vol help approximate location only) ow l l.'ii, ^ . � 1 r., @ y�3y i . r4•tl S}nPi '.• .? a N ' �a ' Mt \ u=' p � �•s a °. r 'pr • 1' . 1A n9 A haa ` 'Y.• } itiy �J.w,.'• I ;Y'f^"' g'y' ENON `:"i''t". ;; t a ,f .?i.' '1 .:'9', .. 1 out of 1 October 2014 104 ANunww00 2 1114111 atilJ 1V; 3 5 -.2r* Y%- Funding for this California Climate Investments grant pmject iias been provided through the California Department of Forestry and Fire Protection (CAL FIRE), Urban and Community Forestry Program. 69 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 70 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to sign an Encroachment Permit and Agreement with Southern Highlands Partners, LLC, for the installation of an Americans with Disabilities Act (ADA) compliant pedestrian acc 70 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE- August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the IVlayor to sign an Encroachment Permit and Agreement with Southern Highlands Partners, LLC, for the installation of an Americans with Disabilities Act (ADA) compliant pedestrian access ramp partially within the public right-of-way for 2525 Highland Avenue (Southern Highlands Assisted Living Facility). PREPARED BYr Carla Hutchinson, Junior Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: --"C112<7.4-44e APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to sign an Encroachment Permit and Agreement with Southern Highlands Partners, LLC, for the installation of an ADA compliant pedestrian access ramp for 2525 Highland Avenue. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit and Agreement 3. Exhibit "A" and "B" 4. Resolution EXPLANATION Southern Highland Partners, LLC, owner of Southern Highlands Assisted Living Facility located at 2525 Highland Avenue, is proposing to install an Americans with Disabilities Act (ADA) compliant pedestrian access ramp, which will encroach 2.5 feet into the public right of way within the landscape strip located behind the back of sidewalk along Highland Avenue. Southern Highlands Partners, LLC, was notified of the potential encroachment and directed to either change the design or enter into an Encroachment Permit and Agreement with the City. The proposed ADA ramp will provide access to the front entrance of the assisted living facility. Staff supports executing an Encroachment Permit and Agreement. Exhibits A and B provide a legal description and map of the encroachment area. 72 of 350 ENCROACHMENT PERMIT AND AGE' (Commercial) The City Of National City ► grwtc as Enaoachttent Permit to the undersigned. SteritcsAN i C41 L- S 1)01-414-36 (hereinafter marred the termsaom�S het to as "O "), in with and person to and t 13.12 dike National City Municipal Code. OWNER is the owner of that certain reef Iwoperty described in the attached 'A". or is en owhatr of personal property that is impend to be installed in the public rigt-t-ate as pubic property of the City of'Nedeltai Chy. Coin* of Sao Diego. ;she of Cdift,mia. The OWNER. is corsidctaion of this grant ofpermiagion by the City ofNelionai City (heehaw raged to a:'CRY") to mall and maintain certain personal primly ar a bul d . fieility, or other atr oiure (horneftur designated from time to flare as an within or upon a CITY its property, or rig f way fbr the use and benefit otO'NR'S property and aeon* htele, now covenants and slime sa fi fle w ; '' The elle of ioutafaden and any description of OWNER'S enaosetenent is described In !Whit 11". TEE: 3490.00 The teach and conditions ender which the enevechment is to be installed and maintained are as follows: 1. Upon eadf tom In witing by the City €xtinew. the above described shell be abandoned, removed or relocated by OWNER at the oavner% sole menace, 2. The said encroachment shall be maintained In a safe end salary condition at ell times et lie sok cost, risk, and responsibility of OWNER and any sctccaasor in interest, who shall bold CITY hamlets with reipect thereto. 3. Tide Perirdt end Aft, when made tisr the direct benefit of OWNER's lend or property desadbed above, sod the COVeliell heron contained shall run with sapid lard and shall be bindle; i the hereinPermof OWNER. Should OWNER or its successors fill to remove or permitted within thirty (30) days atter notice of removal or relocatiot from the CITY. CITY may ease such removal or relocadan to be done at OWHER`a sole cost and expense, widah shalt be s lien upon add land. A copy Odds Encroahment Agreement shell be recorded against any rani property elite owner's that is hereby benefited by the encroachment. Upon request b'y CITY, PERMITI :than record this Bit Agneemert with the Crusty of San Diego, County Recorder's Office, and upon re►cadadon shall ratter the original to the CITY. 4. OWNER sbdl ice, doh,, add hold harmless CITY sod its officers, agents, and employees ens from ma ol f Owner's entry Ion. cnsa, , damnde, sale, said delbrae casts, Winding attorneys' �, and use of the osier' 's esteem* or ri�►t-of-way for the inataliroiart, S. OWNER and eaeb successor in beam or esssign shell take out and mneiutein, during the time the encroachment rentebt; en CITY's easement or rightrOf way►, eannherc#al general liability house= with isms lindis of Cho Million Dollars 1,OOO,E*aO) combined single limit per occurrence, cowing silt bodily and property damage arising out of this ant Agreement. Thy policy shell woe Cl'1Y and its officers, ate, and employees as additional insured, cad shall constitute primary insurance es to C1TY and its officers. agents. gad employees so that any other policies held tsar are e .h.ti not .,.iisy'. ;.trii=ririca. pulic r Audi 73 of 350 provide for thirty () days prior Written notice to CITY of camera or material change. Prier to commencemont of this Rwoaa tt Agreement, OWNER shell Amish CITY otertitioate of insurance with edgiest otaerserneum wifieneleg covens rcquin d by tide leaden. Should owner Ibit to do so, City may elect to obtain such coverage at OWNER'S expense or ltamedietaiy terminate this Agreement. 6. The heel Icons s and con bons under which this Encroachment Pelt is lets > ,its. anther net forth in Chapter 13.12 of the National City bitedcfpal Cade, which tams OWNER hereby specifically acknowledges and agrees to. Owner also aelmowledgce that those teems and conditions include, Abgag thEllilikE9 the MIowhtg. a. The City reserves the rim to charge the Owner "tidy and reasonable" �Far this see of CITY property retroaaeivo to fits date of cassettotion or ins tailatior+ of the b. The CITY can mobs the removal, relooation, or wag of the encroachment when deemed neaxtsay end health by and in the mole discretion or the City Engineer at cr �s apenra. T. Ws end wit is not valid and aloft no rights to heath and main tin an encroachment until it is accepted by the Owner. DAUB: c1TY OF NATIONAL CITY Roa !simian, Mayor sca.-14t-w I.y L 144os P* rNrenc, tz,c 'Seer_ hiChi Name & Title -_ .�•.. ATTACH NOTARY CaRTVICATION FOR TB& MAC OF IIIRMITTER BROW AROYit+. USE CALIFORNIA ALL SSE ACIZIOWLEOOMMIT NOTARY ONLY, PEI ITTB&&AP?L! ANT RMa^►TI N: 5c rt SlyJPFe-4)1 Peron is Responsible Cie '.•_.�_ 510 - c7-(sfl( 2417 Puns Number SfiecFrAx$ tieSTrrtarN75 Firm None Marling Address: tus cooks r vitimiro Rd Sit A w. 1), 0.4- 04 PLAT SNOWING LOCA' ' 14 OF S RUCTUR3S, EASE, OR RIGHT - WAY, AND SEWER AMORD , i .AGE FACILITIES: SE13 =war "Si", AiTACI Encreacbmara Permit and Agreement 74 of 350 ACKNOWLEDGMENT IA notary public or other officer completing this certificate verifies only the identity of the Individual who signed the document to which this certificate Is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of sante Barbara On May 9, 2018 before me, Anna Ortiz {tones (here insert name and title of the officer) personally appeared Joel S. Sheiiin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/heNihelr authorized capacity(ies), and that by hlslher/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. z ORTiZvlii6�eS �;> Cam/Eaton # EllASEM Itr�tatty P iiI - California Santa Barbara County t MYComm. Expires Jnrt 3ti, i0t9 (Seal) 75 of 350 EXHIBIT "A" ENCROACHMENT OF IMPROVEMENTS DESCRIPTION THE IMPROVEMENTS TO BE CONSTRUCTED WITHIN THE RIGHT-OF-WAY INCLUDE APPROXIMATELY5O FEET OF 1' TO 1.5' HIGH CURB SUPPORTING A CONCRETE RAMP AND LANDING WITH A HANDRAIL. ADDITIONALLY, CONCRETE STEPS WILL BE ADDED AT THE NORTH SIDE OF THE ADA RAMP/LANDING. AT THE SOUTH SIDE OF THE RAMP A LANDING AND HANDRAILS WILL EXTEND INTO THE RIGHT-OF-WAY. 76 of 350 EXHIBIT "B" LEGAL DESCRIPTION AN ENCROACHMENT EASEMENT FOR ADA ACCESS RAMP OVER, ALONG AND ACROSS A PORTION OF LAND ON HIGHLAND AVENUE SITUATED IN NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWESTERLY CORNER OF PARCEL 1, PARCEL MAP NO. 2788 RECORDED TUNE 27,1974 PER FILE NO. 74-172992; THENCE SOUTHERLY ALONG THE SOUTHWESTERLY LINE SOUTH 18° 59' 45" WEST, 45.85 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 71° 00' 16" WEST, 2.50 FEET; THENCE SOUTH 18° 59' 45" EAST, 58.00 FEET; THENCE NORTH 71° 00' 16" EAST, 2.50 FEET TO THE SOUTHWESTERLY LINE OF SAID PARCEL 1, PARCEL MAP NO. 2788; THENCE NORTH ALONG SAID SOUTHWESTERLY LINE NORTH 18° 59' 45" WEST, 58.00 FEET TO THE TRUE POINT OF BEGINNING. 145 square feet Prepared By: Nye R. Slater, P.L.S. 6706 Dated: June 12, 2017 77 of 350 ATTACHMENT "B" Plat Detail of Encroachment in Highland Avenue APN 563-010-50 2525 Highland Avenue, National City, CA 91950 0 100 2Q0 o Feet 1d6 MVO 4,9.00`°61 P 110.12168 .0.B. S71' 00' 1611 2.50' \rfisN18' 59' 451V ' 58.00' N1V 591 45' 58.00' \ 15" 51 .P.4.B. 1 so a tit l N71' 00' !1 61EJ 2.50' 0 20 f ''11 w eg viltt 410 Feet 78 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 79 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit for the residential property located at 641 E. 5th Street. (Engineering/Public Works) 79 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE Resolution of the City Council of the City of National City authorizing the issuance of a special driveway permit for the residential property located at 641 E. 5th Street. PREPARED BY Carla Hutchinson, Junior Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO_ [NIA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the issuance of a special driveway permit for the residential property located at 641 E. 5th Street. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Special Driveway Permit Request 3. Resolution 80 of 350 EXPLANATION Chris Kennedy and Jessy Romero, property owners of a single family residential home located at 641 E. 5"' Street, have requested a special driveway permit to construct a new driveway and apron to accommodate one off-street parking space. The property currently does not have a driveway. The owners have submitted plans for tenant improvements to the Building Department. The plans show construction of a new, 10-foot wide driveway with apron along the westerly property line. Since the driveway does not provide a minimum of 11 feet of clearance to the property line as required by National City Municipal Code Section 13.04.220.E, City Council resolution is required to authorize staff to process a special driveway permit. Given the site constraints, there are no other feasible locations to construct a new driveway. The property owners submitted an application for a special driveway permit and paid the required application fee. See attached special driveway application with supporting documents. Based on review of existing conditions, proposed improvements, City design standards for public works construction, and applicable sections of the municipal code, staff recommends the issuance of a special driveway permit. 81 of 350 Special Driveway FEE $368.00 CDP Permit # 2017- 2Qjttb CALIFORNJA, - Eng. # NivrioNAL onr UrCORPonA7 City of National City Engineering Department 1243 National City Boulevard National City, Ca, 91950 APPLICATION FOR SPECIAL DRIVEWAY PERMIT Application Date: 7111117 Site Address: 1" I t _ "4- 5—r- /Aff\-7-kuviatL CST I C . 91950 Owner's Name: COP 5 Kf JN DI 4 A eS.S Y Phone: B5b tU 2. ' l I Pm t f•sSy) Owner's Mailing Address: tl e. STi+ c , l NA`Ti oNAL. Urf [ '- ci)956 Site Classification (Check One) Residential ❑ Commercial ❑ Industrial ❑ Institutional 1. The City of National City has set forth driveway standards in the National City Municipal Code and has adopted the San Diego Regional Standard Drawings (SDRSD) for construction of driveways. Explain below how your driveway will differ from the City adopted standards? fixfou,o iiiz1JE1\fA'11S (Id\ gt. 0 OA 2t) s., `B 1 C 15 Off.. - S1N\ p(tL \, YT \NJ gt a ,Lf- ! 12- Pr ItINV-0 W'. ENG-100 1 82 of 350 2. Special Driveway Permits are issued for the use and maintenance of a driveway that is designed to meet special needs or conditions that exist on site or in the right-of-way adjacent to the site. Explain these conditions. 3. Attach copies of diagrams, drawings, photographs and other documents that show or further explain the existing conditions and proposed changes. 4. Provide the name, address and telephone number of the person(s) to have effective control over the design and installation of the special driveway. o \ IA A sJou sr 7Zcin rviaN P. s . 1 I I S.D. Cat . qZt 1(1. �l , C� t ST J t TT Div L. LAI 0056 5. The following conditions shall apply: A. The application fee is nonrefundable. Payment of the application fee does no guaratitee approval of the Special Driveway Permit. B. The Special Driveway Permit is a discretionary permit. The Special Driveway Permit does not authorize construction of a special driveway until the plans for the driveway have been approved by the City Engineer and a valid construction permit has been obtained. C. The City reserves the right to require the removal of the special driveway at any time. D. The City reserves the right to require the installation of signage, lights, mirrors, pavement markings, ref ectors, bollards, barricades or other devises at anytime. E. The property owner is responsible for the design, installation and maintenance of the special driveway: ENG- l 00 2 83 of 350 I S S t CQ.Pott,c0..,P-6 , the owner of the property referenced above, accept the conditions of this Special Driveway Permit listed above. Signature of Owner Date FOR CITY USE Planning Department By: Date: Approved El Approved with Conditions Explanation Denied Building Department By: Date: Approved ❑ Approved with Conditions Denied n Explanation Engineering Department By: Date: Approved n Approved with Conditions I I Denied Explanation ENG-100 3 84 of 350 REO. FYSB —111 _I 1 S REQ. RYSB Mt PROPERTY LINE S TANFLESS MAROAWTR.MT . E rxRsl'RE6iNR E'" 'Friolgr YuME PFOPDSEDBEPROONI BATNRCDMADDITICN 115 aqN 5TH STREET EXIST. PROPOSED SITE PLAN 1/16" = 1'-0" 0 641 E. 5TH ST. NATIONAL CITY. CA. 91950 OWNER CHRIS KENNEDY O7/18/17 PECIAL DRIVEWAY PERMIT UBMF TAL MARK DATE DESCRIPTION PROJECT NO: MODEL FRE: DRAWN BY CFIICD BY: CCPYRIGM SHEET TITLE SITE PLAN T 1.0 CX) CO 01 5.94 ft CC/CDC-HA Agenda 8/1/2017 — Page 87 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 16 feet of red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access from E. 28th Street onto Highland A 87 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 16 feet of red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access from E. 28th Street onto Highland Avenue and ensure compliance with on -street parking design standards (TSC No. 2017-15). PREPARED Luca Zappiello, Civil Engineering Tech PHONE. 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: l FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of 16 feet of red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access from E. 28th Street onto Highland Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 14, 2017, the Traffic Safety Committee approved staffs recommendation to install 16 feet of red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street. ATTACHMENTS: 1. Explanation w/ Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-15) 3. Resolution 88 of 350 EXPLANATION Mr. Ja'mmello Lewis, National City resident, has requested red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access. Mr. Lewis stated that recently there was an accident at the intersection of Highland Avenue and E. 28th Street. Mr. Lewis stated that when a vehicle is parked at the southeast corner of the intersection it is difficult to see northbound vehicles travelling on Highland Avenue, which presents a safety concern for drivers. Staff performed a site evaluation. The posted speed limit for Highland Avenue is 35 mph. There is approximately 16 feet of unrestricted parking on the east side of Highland Avenue between E. 28th Street and the parking lot driveway to the south at 2801 Highland Avenue. The minimum length for an on -street parallel parking space is 20 feet. Staff agrees that red curb "No Parking" would enhance safety and visibility at the intersection. Staff also reviewed the traffic collision history for this location, which confirmed that there was one "reported" traffic collision within the past four years. This item was presented to the Traffic Safety Committee on June 14, 2017. Letters were sent to Mr. Lewis and to the owner of 2801 Highland Avenue. Neither party attended the meeting. The Traffic Safety Committee unanimously approved the staff recommendation to install red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street. If approved by City Council, all work will be performed by City Public Works. 89 of 350 Location Map with Proposed Enhancements (TSC Item: 2017-15) 16' of proposed red curb "No Perking" Sweetwater Union High School ITEM TITLE: 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 ITEM NO. 2017-15 REQUEST TO INSTALL 16 FEET OF RED CURB "NO PARKING" ON THE EAST SIDE OF HIGHLAND AVENUE. SOUTH OF E. 28T" STREET. TO ENHANCE VISIBILITY AND ACCESS FROM E. 28T" STREET ONTO HIGHLAND AVENUE AND ENSURE COMPLIANCE WITH ON -STREET PARKING DESIGN STANDARDS. PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: Mr. Ja'mmello Lewis, has requested red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access. Mr. Lewis stated that recently, there was accident at the intersection between Highland Avenue and E. 28th Street. Mr. Lewis stated that when a vehicle is parked on the corner of the east side of Highland Avenue, south of E. 28th Street, it is difficult to see northbound vehicles travelling on Highland Avenue, which presents a safety concern for drivers. Staff performed a site evaluation. The posted speed limit for Highland Avenue is 35 mph. There are approximately 16 feet of unrestricted parking spaces on the east side of Highland Avenue between the southeast corner/pedestrian ramp at Highland Avenue and E. 28th Street and the parking lot driveway at 2801 Highland Avenue. The minimum required length for an on -street parallel parking space is 18 feet. Staff agrees that red curb "No Parking" would enhance safety and visibility at the intersection. Staff also reviewed the traffic collision history for this location, which confirmed there was one "reported" traffic collision within the past four years. STAFF RECOMMENDATION: Staff recommends the installation of 16 feet of red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street, to enhance visibility and access from E. 28th Street onto Highland Avenue and ensure compliance with on -street parking design standards. If approved by City Council, all work will be performed by City Public Works. 91 of 350 EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2017-15 92 of 350 Luca Z +p'alio Front Ja'rnmelfo Lewis Sent: Thursday, April Z,, 201 4:58 PM To: Stephen Manganiello Subject Re: Automatic reply. A curb need to be painted Hello Mr. Manganiello, I need your help. I recently had a accident in your district..Thcrc's a curb that need some attention, it's on the comer of 28th street and Highland ave right across from Sweetwater high school.When there's a vehicle park right at that corner you can't see cars going north on Highland ave. I don't want any drivers in your district to endure what Pm going through. Thank you On Apr 18, 2017 8:28 FM, "Stephen Manganiello"<3Manganiello@nationalcitvca.goy,> wrote: I will be out of the office Friday, April 14th through Tuesday, April 18th. Please contact 619-336-4380 for immediate assistance. Thank you. 93 of 350 June 8, 2017 Resident/Property Owner CALIFORNIA --- N U ONL car L x�cc�Pos. P Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2017-15 REQUEST TO INSTALL 16 FEET OF RED CURB "NO PARKING" ON THE EAST SIDE OF HIGHLAND AVENUE, SOUTH OF E. 28TH STREET, TO ENHANCE VISIBILITY AND ACCESS FROM E. 28TH STREET ONTO HIGHLAND AVENUE AND ENSURE COMPLIANCE WITH ON -STREET PARKING DESIGN STANDARDS. Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, June 14, 2017, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. 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 2017-13. Sincerely, Stephen Manganiello City Engineer SM:Iz Enclosure: Location Map 2017-15 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 94 of 350 Location Map with Proposed Enhancements (TSC Item: 2017-15) e cc 2801 Highland Avenue 16' of proposed red curb No Parking" 1 IHi hland Avenue foriviti Sweetwater Union High School Sweetwater Union High School Location of proposed red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street (looking south) Highland Avenue 16' of proposed red curb "No Parking' . M1TyrJT r. is-.� T , ` Location of proposed red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street (looking east) 96 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 97 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 20 feet of red curb "No Parking" on the south side of E. 14th Street, west of Stancrest Lane, and 10 feet of red curb "No Parking" east of Stancrest Lane, to enhan 97 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of 20 feet of red curb "No Parking" on the south side of E. 14th Street, west of Stancrest Lane, and 10 feet of red curb "No Parking' east of Stancrest Lane, to enhance visibility and access from Stancrest Lane onto E. 14th Street (TSC No. 2017-16). PREPARED BY, Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATIOF I See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: l ( FINAL ADOPTION: STAFF RECOMMENDATION: Finance MIS Adopt a Resolution authorizing installation of 20 feet of red curb "No Parking" on the south side of E. 14th Street, west of Stancrest Lane, and 10 feet of red curb "No Parking" east of Stancrest Lane. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 14, 2017, the Traffic Safety Committee approved staffs recommendation to install 20 feet of "No Parking" zone on the south side of E. 14th Str, west of Stancrest Lane, and 10 feet of "No Parking" zone east of Stancrest ATTACHMENTS: 1. Explanation w/ Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-16) 3. Resolution 98 of 350 EXPLANATION Phyllis C. Ocampo, resident of 141E Stancrest Lane, has requested the installation of red curb "No Parking" on the south side of E. 14th Street, east and west of Stancrest Lane, to enhance visibility and access from Stancrest Lane onto E. 14th Street. Mrs. Ocampo expressed concerns about visibility issues at the intersection when vehicles park too close to the corners. Staff performed a site evaluation. The prima facie speed limit on E. 14th Street is 25 mph. There is approximately 87 feet of unrestricted parking on the south side of E. 14th Street between Stancrest Lane and the residential driveway to the west at 2204 E. 14th Street. There is approximately 146 feet of unrestricted parking on the south side of E. 14th Street between Stancrest Lane and Orange Street to the east. Staff agrees that red curb "No Parking" would, enhance safety and visibility at the intersection. Staff also reviewed the traffic collision history for the site, which confirmed that there were no "reported" traffic collisions within the past four years. This item was presented to the Traffic Safety Committee on June 14, 2017. Letters were sent to area residents inviting them to attend the meeting. Mrs. Ocampo and her husband, Mr. Ocampo were present to speak on the item. The Traffic Safety Committee unanimously approved the staff recommendation to install 20 feet of red curb "No Parking" on the south side of E. 14th Street, west of Stancrest Lane, and 10 feet of red curb "No Parking" east of Stancrest Lane, to enhance visibility and access from Stancrest Avenue onto E. 14th Street. If approved by City Council, all work will be performed by City Public Works. 99 of 350 0 0 0 w 01 0 Location Map with Proposed Enhancements (TSC Item: 2017-16) f 0' feet of proposed red curb "No Parking" 4 E. f4w' Street 20' feet of proposed red curb "No Parking" ITEM TITLE: 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 IITEMNO. 2017-16 i REQUEST TO INSTALL 20 FEET OF RED CURB "NO PARKING" ON THE SOUTH SIDE OF E. 14TH STREET, WEST OF STANCREST LANE, AND 10 FEET OF RED CURB "NO PARKING" EAST OF STANCREST LANE, TO ENHANCE VISIBILITY AND ACCESS FROM STANCREST LANE ONTO E. 14TH STREET PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: Phyllis C. Ocampo, resident of 1416 Stancrest Lane, has requested the installation of red curb "No Parking" on the south side of E. 14th Street, east and west of Stancrest Lane, to enhance visibility and access from Stancrest Lane onto E. 14th Street. Ms. Ocampo expressed concerns about visibility issues at the intersection when vehicles park too close to the corners. Staff performed a site evaluation. The posted speed limit of E. 14th Street is 25 mph. There are approximately 87 feet of unrestricted parking spaces on the south side of E. 14th Street between the southwest corner at E. 14th Street and Stancrest Lane and the driveway at 2204 E. 14th Street. There are approximately 146 feet of unrestricted parking spaces on the south side of E. 14th Street between the southeast corner at E. 14th Street and Stancrest Lane and the southwest corner at E. 14th Street and Orange Street. Staff agrees that red curb "No Parking" would enhance safety arid visibility at the intersection. Staff also re%lewed the traffic collision history for the site, which confirmed that there were no "reported" traffic collisions within the past four years. Staff sent notices to area property owners and tenants, inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. STAFF RECOMMENDATION: Staff recommends the installation of 20 feet of red curb "No Parking" on the south side of E. 14th Street, west of Stancrest Lane, and 10 feet of red curb "No Parking" east of Stancrest Lane, to enhance visibility and access from Stancrest Avenue onto E. 14th Street. If approved by City Council, all work will be performed by City Public Works. EXHIBITS: 1. Correspondence 2. Public Notice 3. Location Map 4. Photos 101 of 350 2016-16 From: Sent: To: Cc Subject Mr. Zappiello, Phyllis C. Ocampo < Monday, May 15, 2017 10:31 AM Luca Zappietlo dariojr@cox.net Traffic Safety Concern Re: Exit from Stancrest Lane to I4th Street > I want bring to your attention a traffic safety concern in our neighborhood that warrants close examination and a sound resolution. Stancrest Lane is a cul-de-sac and there is only one exit to 14th Street East and West. Due to the excessive number of vehicles parked on the south end of the street it has become difficult to see the vehicular traffic in either direction. In the last 23 years I've noticed that businesses have multiplied in the nearby strip mall, and traffic has since multiplied as well. I believe that the traffic safety committee consider extending the red zones on both sides of the south section of 14th Street so the residents of Stancrest Lane will have better visibility when exiting. I've had a couple of close calls when exiting in either direction so, your attention to this matter will be highly appreciated. I'm confident that upon careful examination, the committee will be able to provide us and our neighbors a safer and better visibility to exit Stancrest Lane Thank you for your assistance. Dario & Phyllis Ocampo 1416 Stancrest Lane National City CA 91950 102 of 350 June 8, 2017 Resident/Property Owner CAL6FORkIA NATIONAL Cf t . I&nnee..� ►cif ._J Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2017-16 REQUEST TO INSTALL 20 FEET OF RED CURB "NO PARKING" ON THE SOUTH SIDE OF E. 14TH STREET, WEST OF STANCREST LANE, AND 10 FEET OF RED CURB "NO PARKING" EAST OF STANCREST LANE, TO ENHANCE VISIBILITY AND ACCESS FROM STANCREST LANE ONTO E. 14TH STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, June 14, 2017, at 1:00 P.M. in the 2r d Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. 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 2017-13. Sincerely, Stephen Manganiello City Engineer SM:Iz Enclosure: Location Map 2017-16 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 103 of 350 Location Map with Proposed Enhancements (TSC Item: 2017-16) 10' feelt of proposed red curt) parking" 2204 E. 14111' Street 20' feel of proposed rod curb 'No Parking" D' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the south side of E 14th Street, west of Stancrest Lane (looking west) Location of proposed red curb "No Parkine" on the, cruak ci'112of E 14th Street, east of Stancrest Lane (looking east) 105 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 106 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing, 1) installation of 40 feet of red curb No Parking on the west side of Alston Avenue, north of Newberry Street; and 2) installation of yield control for the eastbound and westbound Ne 106 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing, 1) installation of 40 feet of red curb "No Parking' on the west side of Alston Avenue, north of Newberry Street; and 2) installation of yield control for the eastbound and westbound Newberry Street approaches to the intersection at Alston Avenue (TSC No. 2017-17). PREPARED BY: Luca Zappiello, Civil Engineering Tech PHONIC, 619-336-4360 EXPLANATION See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution authorizing, 1) installation of 40 feet of red curb "No Parking" on the west side of Alston Avenue, north of Newberry Street; and 2) installation of yield control on Newberry Street at the intersection of Alston Avenue. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 14, 2017, the Traffic Safety Committee approved staffs recommendation to install red curb "No Parking" on the west side of Alston Avenue and yield control on Newberry Street at the intersection of Alston Avenue. ATTACHMENTS 1. Explanation w/ Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-17) 3. Resolution 107 of 350 EXPLANATION Mr. Charles W. Brown, resident of 3303 Newberry Street, has requested red curb "No Parking" on the west side of Alston Avenue, north of Newberry Street. Mr. Brown stated that he encounters visibility issues when vehicles park at the northwest corner of the intersection of Newberry Street and Alston Avenue. Staff performed a site evaluation. The prima facie speed limit on Alston Avenue is 25 mph. There is approximately 88 feet of unrestricted parking on the west side of Alston Avenue between Newberry Street and the residential driveway to the north at 3312 Stockman Street. Staff agrees that red curb "No Parking" would enhance safety and visibility at the intersection. Currently the intersection does not have Yield or Stop control. Staff also reviewed the traffic collision history for this location, which confirmed there was one "reported" traffic collision within the past four years. In order to better facilitate traffic control at the intersection of Alston Avenue and Newberry Street, staff recommends installation of Yield signs and pavement markings. Section 2B-09 Yield Applications of the California Manual on Uniform Traffic Control Devices (CA-MUTCD) states that yield signs may be considered on the approaches to a through street or highway where conditions are such that a full stop is not always required. Field observations suggest this condition is met for the eastbound and westbound Newberry Street approaches (minor street) to the intersection with Alston Avenue (through street). This item was presented to the Traffic Safety Committee on June 14, 2017. Letters were sent to area residents inviting them to attend the meeting. There were no residents in attendance at the meeting. The Traffic Safety Committee approved staffs recommendation for the following traffic safety enhancements: 1. Install 40 feet of red curb "No Parking" on the west side of Alston Avenue, north of Newberry Street, to enhance visibility and access from Newberry Street onto Alston Avenue; 2. Install Yield control for the eastbound and westbound Newberry Street approaches (minor street) to the intersection with Alston Avenue (through street). If approved by City Council, all work will be performed by City Public Works. 108 of 350 Location Map with Proposed Enhancements (TSC Item: 2017-17) 3311 Newberry Street 40' feet of proposed red curb "No Parking" 3312 Stockman Street Traffic Control Improvements (TSC Item: 2017-17) Existing Stop Sign. ITEM TITLE: NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 ITEM NO. 2017-17 REQUEST TO INSTALL 40 FEET OF RED CURB "NO PARKING" ON THE WEST SIDE OF ALSTON AVENUE. NORTH OF NEWBERRY STREET AND INSTALL YIELD -CONTROL SIGNS FOR THE EASTBOUND AND WESTBOUND NEWBERRY STREET APPROACHES TO THE INTERSECTION AT ALSTON AVENUE. PREPARED BY: Luca Zappie!!o, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: Mr. Charles W. Brown, resident of 3303 Newberry Street, has requested red curb "No Parking" on the west side of Alston Avenue, north of Newberry Street. Mr. Brown stated that he constantly encounters line -of -sight issues due to vehicles being parked on the corner of the west side of Alston Avenue, north of Newberry Street. Staff performed a site evaluation. The posted speed limit along Alston Avenue is 25 mph. There are approximately 88 feet of unrestricted parking spaces on the west side of Alston Avenue between the northwest corner at Alston Avenue and Newberry Street and the driveway at 3312 Stockman Street. Staff agrees that red curb "No Parking" would enhance safety and visibility at the intersection. Currently the intersection does not have Yield or Stop signs. Staff also reviewed the traffic collision history for this location, which confirmed there was one "reported" traffic collision within the past four years. In order to better facilitate traffic control at the intersection of Alston Avenue and Newberry Street, staff recommends installation of Yield signs and pavement markings. Section 2B-09 Yield Applications of the California Manual on Uniform Traffic Control Devices (CA-MUTCD) states that yield signs may be considered on the approaches to a through street or highway where conditions are such that a full stop is not always required. Field observations suggest this condition is met for the eastbound and westbound Newberry Street approaches (minor street) to the intersection with Alston Avenue (through street). STAFF RECOMMENDATION: Staff recommends the following traffic safety enhancements: 1. Install 40 feet of red curb "No Parking" on the west side of Alston Avenue, north of Newberry Street to enhance visibility and access from Newberry Street onto Alston Avenue; 111 of 350 2. Install Yield control for the eastbound and westbound Newberry Street approaches (minor street) to the intersection with Alston Avenue (through street) If approved by City Council, all work will be performed by City Public Works. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Traffic Control Improvements Exhibit 5. Photos 2017-17 112 of 350 • CAIIFORM1A '701- NATIONAL Car PUBLIC REQUEST FORM Contact Information Name: Cherles W. Brown Address: 3303 Newberry Street Phone: Email: Request Information Location: Intersection between Newberry St. and Alston Avenue Request: Mr. Brown has requested red curb "No Parking" on the west side of Alston Avenue, north of Newberry Street because when vehicles park on the corner there are visibility issues. Attachments:in YesL No Description: Internal Use Only: Request Received By: L. Zappiello Date: 5/17/2017 Received via: Counter/In-PersonnTelephonenEmail In Fax nReferral: Assigned To: L.Zappiello Notes: 113 of 350 CALIFORNIA - ori:O L ortr 1:1:ppRdgisi� June 8, 2017 Resident/Property Owner Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2017-17 REQUEST TO INSTALL 40 FEET OF RED CURB "NO PARKING" ON THE WEST SIDE OF ALSTON AVENUE, NORTH OF NEWBERRY STREET, TO ENHANCE VISIBILITY AND ACCESS FROM NEWBERRY STREET ONTO ALSTON AVENUE Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, June 14, 2017, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. 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 2017-13. Sincerely, 44:2. i Stephen Manganiello City Engineer SM:iz Enclosure: Location Map 2017-17 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 114 of 350 Location Map with Proposed Enhancements (TSC Item: 2017-17) 3311 Newberry Street 40' feet of proposed red curb milo Parking" 3312 Stockman Street Traffic Control Improvements (TSC Item: 2017-17) ..7.7 LEGIEN D Existing Stop Sign. icir Recommended new Yield sign location. re 3 ° I" ' Lin �!!ett 40' of proposed red curb "No Parking" AIK Location of proposed red curb "No Parking" on the west side of Alston Ave, north of Newberry St (looking northwest) 1 40' of proposed red curb "WI Parking" Location of proposed red curb "No Parking" on th - - - - lston Ave, north of Newberry Street (looking north) CC/CDC-HA Agenda 8/1/2017 — Page 118 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space and 33 feet of red curb "No Parking" in front of the Pentecostal Missionary Church at 2410 E. 8th Street to enhance visi 118 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of a blue curb disabled persons parking space and 33 feet of red curb "No Parking" in front of the Pentecostal Missionary Church at 2410 E. 8th Street to enhance visibility and safety for vehicles exiting the Church driveway onto E. 8th Street (TSC No. 2017-18). PREPARED BY, Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a blue curb disabled persons parking space and 33 feet of red curb "No Parking" in front of the Pentecostal Missionary Church at 2410 E. 8th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on June 14, 2017, the Traffic Safety Committee approved staffs recommendation to install a blue curb disabled persons parking space and 33 feet of red curb "No Parking" in front of the Pentecostal Missionary Church. ATTACHMENTS: 1. Explanation wl Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-18) 3. Resolution 119 of 350 EXPLANATION Mr. !oven Alonzo, representative of the Pentecostal Missionary Church located at 2410 E. 8th Street, has requested the installation of a blue curb disabled persons parking space and red curb "No Parking" in front of the Church. Mr. Alonzo stated that the red curb is necessary to enhance visibility and safety for vehicles exiting the private parking lot of the Church onto E. 8th Street. Mr. Alonzo stated that the blue curb disabled persons parking space would allow disabled persons to park closer to the entrance of the Church. Staff performed a site evaluation. The posted speed limit on E. 8th Street is 35 mph. The slope of E. 8th Street in front of the Church is approximately 2%. The length of available on -street parallel parking in front of the Church is 53 feet, which allows for two parking spaces. Staff agrees that red curb "No Parking" would enhance visibility and safety at the Church driveway. Installation of 33 feet of red curb "No Parking" at this location would result in the loss of one, on -street parallel parking space. The Church has a private parking lot around the building with approximately twenty-five parking spaces, including one disabled persons parking space. The City Council Disabled Persons Parking Policy allows for the designation of on -street parking spaces for disabled persons adjacent to public facilities such as schools, churches and libraries. This item was presented to the Traffic Safety Committee on June 14, 2017. Letters were sent to Mr. Alonzo and to Pentecostal Missionary Church inviting them to attend the meeting. Mr. Alonzo was present and spoke in support of the item. The Traffic Safety Committee approved staffs recommendation for the following traffic safety enhancements: 1. Install one, 20-foot long blue curb disable persons parking space with sign in front of the Churt; .Z Install 33 .c,_,_.� a „� ._ r � � Street 2. Instal feel u red curb "No Parking" on the south side of E. 8th Street in front of the Church to enhance visibility and safety for vehicles exiting the Church driveway onto E. 8th Street. If approved by City Council, all work will be performed by City Public Works. 120 of 350 Location Map with Proposed Enhancements (TSC Item: 2017-18) Paradise Valley Hospital 2U' of proposed blue curb disabled persons +� f parking Existing blue curb disabled persons parking Pentecostal Millsslonary Church (2410 E. 8th Street) 33' of proposed red curb "No Paridng" 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 ITEM NO. 2017-18 ITEM TITLE: REQUEST TO INSTALL A BLUE CURB DISABLED PERSONS PARKING SPACE AND 33 FEET OF RED CURB "NO PARKING" IN FRONT OF THE PENTECOSTAL MISSIONARY CHURCH TO IMPROVE VISIBILITY AND ENHANCE SAFETY FOR VEHICLES EXITING FROM THE CHURCH ONTO E. 8TH STREET PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: Joven Alonzo, representative of the Pentecostal Missionary Church (Church) has requested the installation of a blue curb disabled persons parking space and red curb "No Parking" in front of the Church. Mr. Alonzo stated that the red curb is necessary to improve visibility and enhance safety for vehicles exiting the private parking lot of the Church onto E. 8th Street. Mr. Alonzo stated that the blue curb disabled persons parking space is necessary for people with disabilities so that they may park closer to the entrance of the Church. Staff performed a site evaluation. The posted speed limit is 35 mph. The slope of E. 8th Street in front of the Church is approximately 2%. Staff measured the length of available on -street parking in front of the Church. The length of available on -street parallel parking in front of the Church is 53 feet, which allows for two parking spaces. Staff agrees that red curb "No Parking" would enhance safety and visibility at the intersection. Installation of 33 feet of red curb "No Parking" at this location would result in the loss of one, on -street parallel parking space. The Church has a private parking lot around the building with approximately twenty-five parking spaces, including one disabled persons parking space. The City Council Disabled Persons Parking Policy allows for the designation of on -street parking spaces for disabled persons adjacent to public facilities such as schools, churches and libraries. !t shall be noted that disabled parking spaces do not constitute "personal reserved parking" and that any person with valid "disabled persons" license plate or placard may park in handicap spaces. STAFF RECOMMENDATION: Staff recommends the following actions: • Install one, 20-foot long blue curb disable persons parking space in front of the Pentecostal Missionary Church; 122 of 350 • Install 33 feet of red curb "No Parking" on the south side of E. 8th Street in front of the Pentecostal Missionary Church to improve visibility and enhance safety for vehicles exiting from the Church onto E. 8th Street. if approved by City Council, a!! work will be performed by City Public Works. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2017-18 123 of 350 i- CALIFORNIA F r r..� L_. z3ircoapoRATIM • PUBLIC REQUEST FORM Contact information Name: Joven Alonzo (Pentecostal Missionary Church of Christ) Address: 2410 E. 8th Street, National City, CA 91950 Phone: Email: Request Information Location: 2410 E. 8th Street, National City, CA 91950 Request: to install a blue curb disabled persons parking space and red curb "No Parking" in front of the Pentecostal Missionary Church. Attachments:? Yes0 No Description: internal Use Only: Request Received By: L. Zappiello Date: ''20/20 1 1 Received via: Counter/In-Person []Telephone[lEmail L Fax Referral: Assigned To: L.Zappiello f Notes: 124 of 350 June 8, 2017 Resident/Property Owner -,- CALIFORNIA NATIoNAL CITY Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2017-18 REQUEST TO INSTALL A BLUE CURB DISABLED PERSONS PARKING SPACE AND 33 FEET OF RED CURB "NO PARKING" IN FRONT OF THE PENTECOSTAL MISSIONARY CHURCH TO IMPROVE VISIBILITY AND ENHANCE SAFETY FOR VEHICLES EXITING FROM THE CHURCH ONTO E. 8TH STREET Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, June 14, 2017, at 1:00 P.M. in the 2nd Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. 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 2017-13. Stephen Manganiello City Engineer SM:Iz Enclosure: Location Map 2017-18 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 125 of 350 Location Map wiith Proposed Enhancements (TSC Item: 2017-18) 35' of proposed red curb "No Parking" Pentecostal Missionary Church 20' of proposed blue curb disabled persons parking 33' of proposed red curb "No Parking" Location of proposed blue curb disabled parking and red curb "No Parking" on the south side of E 8th St. (looking west) 33' of proposed red curb "No Parking" 20' of proposed blue curb disabled persons parking Location of proposed blue curb disabled parking and red curb "No Parking" on the south side of E 8th St (looking south) 127 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 128 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $2,500 from SDG&E's 2017 SAFE San Diego Initiative through the Burn Institute, a 501(c)(3) non- 128 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of an appropriation and corresponding revenue budget in the amount of $2,500 from SDG&E's 2017 SAFE San Diego Initiative through the Burn Institute, a 501(c)(3) non-profit organization, for the National City Community Emergency Response Team (CERT) to recruit, administer, and promote CERT training in National City. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 619-336-4551 APPROVED BY: EXPLANATION: Through SDG&E's 2017 SAFE San Diego Initiative, SDG&E will award funds to more than 80 non-profit organizations, to support local emergency preparedness, safety, and disaster response programs. SDG&E has provided a check in the amount of $2,500 to the Burn Institute, which is a 501(c)(3) non-profit organization, who is serving as National City CERT's fiscal agent to provide the grant funds. This grant would allow the National City CERT to recruit new CERT members, administer the CERT program, and promote disaster preparedness training through the National City CERT Program. Staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $2,600. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Ex. 282-412-912-355-0000 / Rev. 282-12912-3498 APPROVED: No negative impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD 1 COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 1129 of 350 I CC/CDC-HA Agenda 8/1/2017 — Page 130 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $44,341, to provide maintenance 130 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City waiving the bidding process based on special circumstances, and authorizing the Mayor to execute an Agreement with Day Wireless Systems, in an amount not to exceed $44,341, to provide maintenance, service and installation of the City's radio communications equipment, maintain infrastructure for mobile and portable radios, on call services and other projects as needed from July 1, 2017 through June 30, 2018 with the option of three (3) one year extensions. . PREPARED BY: Jose Tellez DEPARTMENT: Police PHONE: Ext. 4513 APPROVED BY: / lr P EXPLANATION: 4, It is requested that Council waive the formal bidding requirements as allowed in fectio�cof the Purchasing Ordinance and in Section 2.60.220 of the National City Municipal C.de provides that the requirements of formal bidding may be disposed with when the City Council determines that due to special circumstances, it is in the City's best interest to purchase a commodity or enter into a contract without compliance with the bidding procedure, or when a particular type or make of commodity or equipment has been standardized by the City by order of the City Manager or City Council. Day Wireless has maintained and serviced the City's two-way radio communications equipment, installed and relocated cabling, installed modems, maintained the infrastructure on site for the City's mobile and portable radios, installed radio equipment to include bi-directional antennas, radio antennas, modem installations, relocated antenna cables, and provided preventative maintenance on City radios and public safety radios. Since 1999, Day Wireless has been the certified Motorola vendor for the Regional Communications System (RCS) that provides regional service and discounted pricing to the City of National City. FINANCIAL STATEMENT: APPROVED: `7/t4e ..,( ACCOUNT NO. APPROVED: Amounts are budgeted in respective departments and cannot exceed the following: Police Department - $26,352.00 001-411-000-287-0000 Police Department - $10,000.00 001-411-000-299-0000 Fire Department - $7,989.00 — 001-412-125-287-0000 & 001-412-125-299-0000 ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Day Wireless Agreement 131 of 350 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DAY MANAGEMENT CORP dba DAY WIRELESS SYSTEMS THIS AGREEMENT is entered into on this I $ day of 3. ) . , 2017, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and DAY MANAGEMENT, CORP., a California corporation, dba DAY WIRELESS SYSTEMS, (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide maintenance, service, and installation of the CITY'S radio communications equipment, maintain infrastructure for mobile and portable radios, and provide on call services for the City of National City Police Department and the Fire Department . WHEREAS, the CITY has determined that the CONSULTANT is qualified by experience and ability to perform the services desired by the CITY, and the CONSULTANT is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONSULTANT. The CITY agrees to engage the CONSULTANT to provide maintenance, service, and installation of the CITY'S radio communications equipment, maintain infrastructure for mobile and portable radios, and provide on call services for the Police Department and the Fire Department for the City of National City, and the CONSULTANT agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONSULTANT represents that all services shall be performed directly by the CONSULTANT or under direct supervision of the CONSULTANT. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on July 1, 2017. The duration of this Agreement is for the period of July 1, 2017 through June 30, 2018. Completion dates or time durations for specific portions of the project are partially set forth in Exhibits "A" and "B". This Agreement may be extended by mutual agreement upon the same terms and conditions for three additional one (1) year terms. Any extension of this Agreement must be approved in writing by the City Manager. 3a. SCOPE OF SERVICES — POLICE DEPARTMENT. The CONSULTANT will perform maintenance of radio equipment as set forth in the attached Exhibits "A". POLICE DEPARTMENT also will have CONSULTANT perform installations such as radio installations, cabeling, modem installations and antenna installations as directed by the POLICE 132 of 350 DEPARTMENT, and other projects as directed by the CHIEF OF POLICE up to ($10,000.00). To the extent any term in Exhibit "A" conflicts with the term of this Agreement, the Agreement shall control. Contract excludes coverage of antennas, batteries, cables, programming, physical abuse and water/chemical damage. 3b. SCOPE OF SERVICES — FIRE DEPARTMENT. The CONSULTANT will perform maintenance of equipment as set forth in Exhibit "B". To the extent any term in Exhibit "B" conflicts with the term of this Agreement, the Agreement shall control. The CONSULTANT shall be responsible for all research and reviews related to the work and shall not rely on personnel of the CITY for such services, except as authorized in advance by the CITY. The CONSULTANT shall appear at meetings when requested by the CITY to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONSULTANT, from time to time reduce or increase the Scope of Services to be performed by the CONSULTANT under this Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction or increase in the compensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The Operations Support Lieutenant hereby is designated as the Project Coordinator for the POLICE DEPARTMENT and Jason Matlock and Michael Lafrenere hereby are designated as the Project Coordinators for the FIRE DEPARTMENT and will monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONSULTANT. Amador Macias thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly billings covering actual work performed. Billings shall include labor classifications, respective rates, hours worked and also materials, if any. The total cost for all work described in Exhibit "A" shall not exceed $26,352.00 (POLICE) for the term of this Agreement, and up to Ten Thoursand Dollars ($10,000.00) for additional parts, installations, services and equipment as set forth in Section 3a of the Agreement (Scope of Services -Police Department) during the term of the Agreement. Quarterly invoices shall be paid in the amount of $6,588.00 The compesantion for the CONTRACTOR for the FIRE DEPARTMENT shall not exceed $7,989.00. This not to exceed amount includes the specific scope of services set forth in Exhibit "B". Monthly invoices shall be paid in the amount of $665.75. Quarterly invoices will be processed for payment and remitted within thirty (30) days from receipt of invoice, provided that work is accomplished consistent with Exhibit "A and B", as determined by the CITY. The CONSULTANT shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available at its office at all reasonable times during the term of this Agreement and for Standard Agreement Page 2 of 11 City of National City and Revised May 2017 Day Wireless Systems 133 of 350 three (3) years from the date of final payment under this Agreement, for inspection by the CITY, and for furnishing of copies to the CITY, if requested. 6. ACCEPTABILITY OF WORK. The CITY shall decide any and all questions which may arise as to the quality or acceptability of the services performed and the manner of performance, the acceptable completion of this Agreement, and the amount of compensation due. In the event the CONSULTANT and the CITY cannot agree to the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT in this Agreement, the CITY or the CONSULTANT shall give to the other written notice. Within ten (10) business days, the CONSULTANT and the CITY shall each prepare a report which supports their position and file the same with the other party. The CITY shall, with reasonable diligence, determine the quality or acceptability of the work, the manner of performance and/or the compensation payable to the CONSULTANT. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONSULTANT for this project, whether paper or electronic, shall become the property of the CITY for use with respect to this project, and shall be turned over to the CITY upon completion of the project, or any phase thereof, as contemplated by this Agreement. Contemporaneously with the transfer of documents, the CONSULTANT hereby assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright in, and the right to reproduce, all written material, drawings, plans, specifications, or other work prepared under this Agreement, except upon the CITY'S prior authorization regarding reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S written work product for the CITY'S purposes, and the CONSULTANT expressly waives and disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to intellectual property and artistic works. Any modification or reuse by the CITY of documents, drawings, or specifications prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section 14, but only with respect to the effect of the modification or reuse by the CITY, or for any liability to the CITY should the documents be used by the CITY for some project other than what was expressly agreed upon within the Scope of Services of this project, unless otherwise mutually agreed. 8. INDEPENDENT CONTRACTOR. Both parties hereto in the performance of this Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the rights, benefits, or privileges of the. CITY'S employees, including but not limited to retirement, medical, unemploy- ment, or workers' compensation insurance. This Agreement contemplates the personal services of the CONSULTANT and the CONSULTANT'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Agreement was, and is, the professional reputation Standard Agreement Page 3 of 11 Revised May 2017 Day Wireless Systems City of National City and 134 of 350 'S and competence of the CONSULTANT and its employees. Neither this Agreement nor any interest herein may be assigned by the CONSULTANT without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to adhere to the applicable terms of this Agreement. 9. CONTROL. Neither the CITY nor its officers, agents, or employees shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONSULTANT its agents, servants, and employees are as to the CITY wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in the performance of the services to be provided herein, shall comply with all applicable state and federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City of National City, whether now in force or subsequently enacted. The CONSULTANT and each of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business license prior to and during performance of any work pursuant to this Agreement. 11. LICENSES, PERMITS, ETC. The CONSULTANT represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONSULTANT represents and covenants that the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for the CONSULTANT to practice its profession. 12. STANDARD OF CARE. A. The CONSULTANT, in performing any services under this Agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the CONSULTANT'S trade or profession currently practicing under similar conditions and in similar locations. The CONSULTANT shall take all special precautions necessary to protect the CONSULTANT'S employees and members of the public from risk of harm arising out of the nature of the work and/or the conditions of the work site. B. Unless disclosed in writing prior to the date of this Agreement, the CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years preceding, been debarred by a governmental agency or involved in debarment, arbitration or litigation proceedings concerning the CONSULTANT'S professional performance or the furnishing of materials or services relating thereto. C. The CONSULTANT is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONSULTANT has been retained to perform, within the time requirements of the CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly, unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that all Standard Agreement Page 4 of 11 Revised May 2017 Day Wireless Systems City of National City and 135 of 350 products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due diligence under this sub -section will render the CONSULTANT liable to the CITY for any increased costs that result from the CITY'S later inability to obtain the specified items or any reasonable substitute within a price range that allows for project completion in the time frame specified or, when not specified, then within a commercially reasonable time. 13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall not discriminate against any employee or applicant for employment because of age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. The CONSULTANT will take positive action to insure that applicants are employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or medical condition. Such action shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause. 14. CONFIDENTIAL INFORMATION. The CITY may from time to time communicate to the CONSULTANT certain confidential information to enable the CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services to be provided herein. The foregoing obligation of this Section 14, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONSULTANT without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party. The CONSULTANT shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this Agreement without the prior written consent of the CITY. In its performance hereunder, the CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation. CONSULTANT shall be liable to CITY for any damages caused by breach of this condition, pursuant to the provisions of Section 15. 15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT agrees to defend, indemnify and hold harmless the City of National City, its officers, officials, agents, employees, and volunteers against and from any and all liability, loss, damages to property, injuries to, or death of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims, of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S performance or other obligations under this Agreement; provided, however, Standard Agreement Page 5 of 11 Revised May 2017 Day Wireless Systems City of National City and 136 of 350 that this indemnification and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the CITY, its agents, officers, employees or volunteers. CITY will cooperate reasonably in the defense of any action, and CONSULTANT shall employ competent counsel, reasonably acceptable to the City Attorney. The indemnity, defense, and hold harmless obligations contained herein shall survive the termination of this Agreement for any alleged or actual omission, act, or negligence under this Agreement that occurred during the term of this Agreement. 16. WORKERS' COMPENSATION. The CONSULTANT shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of Division 4 and 5 of the California Labor Code and all amendments thereto; and all similar State or federal acts or laws applicable; and shall indemnify, and hold harmless the CITY and its officers, employees, and volunteers from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description, including reasonable attorney's fees and defense costs presented, brought or recovered against the CITY or its officers, employees, or volunteers, for or on account of any liability under any of said acts which may be incurred by reason of any work to be performed by the CONSULTANT under this Agreement. 17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include owned, non -owned, and hired vehicles ("any auto"). The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, with minimum limits of either $2,000,000 per occurrence and $4,000,000 aggregate, or $1,000,000 per occurrence and $2,000,000 aggregate with a $2,000,000 umbrella policy, covering all bodily injury and property damage arising out of its operations, work, or performance under this Agreement. The policy shall name the CITY and its officers, agents, employees, and volunteers as additional insureds, and a separate additional insured endorsement shall be provided. The general aggregate limit must apply solely to this "project" or "location". The "project" or "location" should be noted with specificity on an endorsement that shall be incorporated into the policy. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONSULTANT'S employees and employers' liability insurance with limits of at least $1,000,000 per accident. In addition, the policy shall be endorsed with a waiver of subrogation in favor of the CITY. Said endorsement shall be provided prior to commencement of work under this Agreement. If CONSULTANT has no employees subject to the California Workers' Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said Declaration shall be provided to CONSULTANT by CITY. Standard Agreement Page 6 of 11 City of National City and Revised May 2017 Day Wireless Systems 137 of 350 E. The aforesaid policies shall constitute primary insurance as to the CITY, its officers, officials, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior written notice to the CITY's Risk Manager, at the address listed in subsection G below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be as follows: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397. H. Insurance shall be written with only insurers authorized to conduct business in Californiathat hold a current policy holder's alphabetic and financial size category rating of not less than A:VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved by the CITY'S Risk Manager. In the event coverage is provided by non -admitted "surplus lines" carriers, they must be included on the most recent California List of Eligible Surplus Lines Insurers (LESLI list) and otherwise meet rating requirements. I. This Agreement shall not take effect until certificate(s) or other sufficient proof that these insurance provisions have been complied with, are filed with and approved by the CITY'S Risk Manager. if the CONSULTANT does not keep all of such insurance policies in full force and effect at all times during the terms of this Agreement, the CITY may elect to treat the failure to maintain the requisite insurance as a breach of this Agreement and terminate the Agreement as provided herein. J. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by the CITY. K. If the CONSULTANT maintains broader coverage or higher limits (or both) than the minimum limits shown above, the CITY requires and shall be entitled to the broader coverage or higher limits (or both) maintained by the CONSULTANT. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. 18. LEGAL FEES. If any party brings a suit or action against the other party arising from any breach of any of the covenants or agreements or any inaccuracies in any of the representations and warranties on the part of the other party arising out of this Agreement, then in that event, the prevailing party in such action or dispute, whether by final judgment or out -of - court settlement, shall be entitled to have and recover of and from the other party all costs and expenses of suit, including attorneys' fees. For purposes of determining who is to be considered the prevailing party, it is stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not Standard Agreement Page 7 of 11 Revised May 2017 Day Wireless Systems City of National City and 138 of 350 be considered in determining the amount of the judgment or award. Attorney's fees to the prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual amount of attorney's fees incurred by the prevailing party. 19. TERMINATION. A. This Agreement may be terminated with or without cause by the CITY. Termination without cause shall be effective only upon 60-day's written notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all services in accordance with this Agreement. B. This Agreement may also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement, misrepresentation by the CONSULTANT in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. C. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONSULTANT as provided for herein. D. In the event of termination, all finished or unfinished Memoranda Reports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of the Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. E. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a reorganization of the CONSULTANT for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONSULTANT. 20. NOTICES. All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail (Federal Express or the like); or sent by registered or certified mail, postage prepaid, return receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the earlier of (i) if personally delivered, the date of delivery to the address of the person to receive such notice, (ii) if sent by overnight mail, the business day following its deposit in such overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten (10) days if the address is outside the State of California) after the date of deposit in a post office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice, request, demand, direction or other communication delivered or sent as specified above shall be directed to the following persons: TO CITY: Chief of Police Director of Emergency Services City of National City City of National City Standard Agreement Page 8 of 11 City of National City and Revised May 2017 Day Wireless Systems 139 of 350 1243 National City Boulevard 1243 National City Boulevard National City, CA 91950-4397 National City, CA 91950-4397 TO CONSULTANT: Day Wireless Systems 8300 Juniper Creek Lane Suite 100 San Diego, CA 92126-1072 Notice of change of address shall be given by written notice in the manner specified in this Section. Rejection or other refusal to accept or the inability to deliver because of changed address of which no notice was given shall be deemed to constitute receipt of the notice, demand, request or communication sent. Any notice, request, demand, direction or other communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty- eight (48) hours by letter mailed or delivered as specified in this Section. 21. CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services of any kind for any person or entity whose interests conflict in any way with those of the City of National City. The CONSULTANT also agrees not to specify any product, treatment, process or material for the project in which the CONSULTANT has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the CITY in which the CONSULTANT has a financial interest as defined in Government Code Section 87103. The CONSULTANT represents that it has no knowledge of any financial interests that would require it to disqualify itself from any matter on which it might perform services for the CITY. ❑ If checked, the CONSULTANT shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall obtain from the City Clerk. The CONSULTANT shall be strictly liable to the CITY for all damages, costs or expenses the CITY may suffer by virtue of any violation of this Section 21 by the CONSULTANT. 22. PREVAILING WAGES. State prevailing wage rates may apply to work performed under this Agreement. State prevailing wages rates apply to all public works contracts as set forth in California Labor Code, including but not limited to, Sections 1720,1720.2, 1720.3, 1720.4, and 1771. Consultant is solely responsible to determine if State prevailing wage rates apply and, if applicable, pay such rates in accordance with all laws, ordinances, rules, and regulations. 23. MISCELLANEOUS PROVISIONS. A. Computation of Time Periods. If any date or time period provided for in this Agreement is or ends on a Saturday, Sunday or federal, state or legal holiday, then such date Standard Agreement Page 9 of 11 Revised May 2017 Day Wireless Systems City of National City and 140 of 350 shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a Saturday, Sunday or federal, state, or legal holiday. B. Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute but one and the same instrument. C. Captions. Any captions to, or headings of, the sections or subsections of this Agreement are solely for the convenience of the parties hereto, are not a part of this Agreement, and shall not be used for the interpretation or determination of the validity of this Agreement or any provision hereof. D. No Obligations to Third Parties. Except as otherwise expressly provided herein, the execution and delivery of this Agreement shall not be deemed to confer any rights upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto. E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are hereby incorporated herein by this reference for all purposes. To the extent any exhibits,schedules, or provisions thereof conflict or are inconsistent with the terms and conditions contained in this Agreement, the terms and conditions of this Agreement shall control. F. Amendment to this Agreement. The terms of this Agreement may not be modified or amended except by an instrument in writing executed by each of the parties hereto. G. Waiver. The waiver or failure to enforce any provision of this Agreement shall not operate as a waiver of any future breach of any such provision or any other provision hereof. H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. Audit. If this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor for a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. J. Entire Agreement. This Agreement supersedes any prior agreements, negotiations and communications, oral or written, and contains the entire agreement between the parties as to the subject matter hereof. No subsequent agreement, representation, or promise made by either party hereto, or by or to an employee, officer, agent or representative of any party hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby. K. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. L. Subcontractors or Subconsultants. The CITY is engaging the services of the CONSULTANT identified in this Agreement. The CONSULTANT shall not subcontract any portion of the work, unless such subcontracting was part of the original proposal or is allowed by the CITY in writing. In the event any portion of the work under this Agreement is subcontracted, the subconsultant(s) shall be required to comply with and agree to, for the benefit of and in favor of the CITY, both the insurance provisions in Section 17 and the indemnification and hold harmless provision of Section 15 of this Agreement. M. Construction. The parties acknowledge and agree that (i) each party is of equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity to consult with its own, independent counsel and such other professional advisors as such party has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv) each party and such party's counsel and advisors have reviewed this Agreement, (v) each party Standard Agreement Page 10 of 11 City of National City and Revised May 2017 Day Wireless Systems 141 of 350 has agreed to enter into this Agreement following such review and the rendering of such advice, and (vi) any rule or construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or any amendments hereto. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Monis-Jones City Attorney By: Nicole Pedone Senior Assistant City Attorney DAY MANAGEMENT, CORP. DBA DAY WIRELESS SYSTEMS (Corporation —signatures of two corporate officers required) By: �-�--� (Name) 11 ma do r- t q S (Print) (Title) By: (Name) Fe7*JA104 (Print) A-55I S'��Zv((e t e.. N ®E a-- la.t, 4-. 4-t (Title) Standard Agreement Page 11 of 11 City of National City and Revised May 2017 Day Wireless Systems 142 of 350 DAY WIRELESS SYSTEMS SERVICE AGREEMENT dba: Day Wireless Systems 8300 Juniper Creek Lane STE 100 DATE 6/5/2017 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 CUSTOMER NAME: City of National City - Police Department ATTN: Accounts Payable BILLING ADDRESS: 1243 National City Blvd. CUSTOMER #: NAT140 WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 4565-00 CUSTOMER CONTACT: Bridget Gregory bgregory@nationalcityca.gov CITY: National City Zip 91950 TELEPHONE / FAX #: 619-336-4509/619-336-4525 CONTRACT START DATE: 7/1/2017 YES AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2018 QTY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION PLACE OF SERVICE MONTHLY SVC AMOUNT CUSTOMER LOCATION SVC CTR DRIVE-IN SVC CTR MAIUN PER UNIT EXTENDED 3 Mobile Control Stations` X 9.00 27.00 3 Reomote Op Positions* X 90.00 270.00 1 Spectra Consolette Existing' X 25.00 25.00 1 Ethernet Router" X 15.00 15.00 1 Ethernet Switch* X 15.00 15.00 1 Tensor Channel Bank" X 32.00 32.00 9 XTL5000 Consolettes" X 9.00 81.00 3 BDA X 25.00 75.00 15 Astro Mobiles X 8.00 120.00 16 XTS3000 Portables X 10.00 160.00 80 XTSS000 Portables X 8.00 640.00 33 XTS2500 Portables X 8.00 264.00 56 Astro Mobiles X 8.00 448.00 3 Moto Astros X 8.00 24.00 Totals for page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY ( ] YES. ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ X ] QUARTERLY ( x l NO [ ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $2,196.00 TAXES $0.00 TOTAL $6.588.00 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS. TO BE VERIFIED BY DAY WIRELESS PAGE 1 OF 1 WHEN THIS AGREEMENT IS ACCEPTED BY DAY WIRELESS SYSTEMS. THE EQUIPMENT ON THE CUSTOMER?AGREEMENT ORDER REFERENCED ABOVE WILL OE SERVICED BY DAY WIRELESS SYSTEMS IN ACCORDANCE WITH THE TERMS AND CONDITIONS PRINTED ON ATTACHMENT. THIS AGREEMENT DOES NOT INCLUDE REPLACEMENT OF ANTENNAS. BATTERIES, OR SERVICE OF ANY TRANSMISSION LINE. ANTENNA. TOWER OR TOWER LIGIITING UNLESS SUCH WORK IS DESCRIBED BELOW SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Mpmaay th,,, F,II,,.y .,.,:I„,In,, .,e.an,,, .,no nohQays. An annual prevent:flier. maintenance ,nepection Is included In this cnntrnct and u to he scheduled by a reprni.nntative of National City Police Department. Thi, contract include,. all part, and labor vv¢h the v.cuptIan or antennas, batteries. cables. programming. physical abuse and water/chec m,a:al damage. •D..nr,t.., that th„ ._p LA opII.,nl 1, L0vO . el ,JnSA, 2L/7/365. Cant, act.n CIOOne plck up end delivery of portahles. [ X ] NEW [ ] ADJUSTMENT AGREEMENT AGREEMENT# Addrtlonal terms, definrtIOns and conditions of Inis SERVICE AGREEMENT are printed an page 2. PURCHASE NUMBER AUTHORIZED CUSTOMER (SIGNATURE) DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: 143 of 350 Day Management Corporation SERVICE AGREEMENT dee: Day Wireless Sysrems 8300 Juniper Creek Lane STE 100 DATE 5/22/2017 San Diego, CA 92126 858-537-0709 F5,<: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT CUSTOMER #: NAT1 30 DAY WIRELESS SYSTEMS ATTN: Jasen Matlock CUSTOMER/AGREEMENT: 4634-01 BILLING ADDRESS: 1243 NATIONAL CITY BLVD CUSTOMER CONTACT: JASEN MATLOCK/ MICHAEL LAFRENIERE CITY: National City STATE: CA ZIP 92050 TELEPHONE / FAX #: 619-336-4550/619-336-4562 Jmouook@nnUonDIC,LXCs. OV CONTRACT START DATE: 7/1/2017 YES AUTO RENEWAL: NO EXPIRATION DATE: 6/30/2018 PAGE 1 OF 2 V:INN "CSAE',P(EMFNI SACCEPTEDBV ESL.+CEIE NNELISS 1NE EOUGlE NT ONln4 CUSIORIfP$+,M 0.4 NT000fP REFERENCED ADYCE VII1 BF STRNICEDBV DAV V:NELESSSKIEL6nACCOPDur_E WIN. TNT TEFL? AND NNW IONS PETIT TO ON ATTAC WENT. r,4Su;5EEEENT OCESNOTPAL_ DE 441_n4, C.St rIMEOFANY ,r,.. LRi5ON1.NE.fl4TENw. 1l1VE* 1I low En LGNTNGLx,LESS SUCH VIOLA 6OESC!✓/!ED BELCV: PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4.30 PM Mi.,.ii, ,.,,,, F„.„y. CITY MODEL NUMBER/SERIAL NUMBER/DESCRIPTION ,,,,,In .c•..v4r. SAC CI, ..,r..i. S,-,R o«r, PER UNIT EXTENDED EXCLUDING WEEKENDS nna HOLIDAYS. 14 Astro XTL5000 W9X Mobile Radios x 15.00 210.00 4 Astro XTL5000 W7X Base Stations x 15.00 60.00 A„ , ,,,,,,,, P- ..,.,,,. , „; , nT ,n•.pn I,n,. ,•, ,,,, ,,,,,,,,, ,,, ,,,,,; ,, ,,:,« a„- .. ;- L.•. 35 XTS5000 Portables x 9.00 315.00 ......,.,....: 4 Impress Rapid Rate Chargers x 3.00 12.00 T,.,, , oNtrAct incINcIns „II ono, JINN ,,,tier w„N ,Nn necnption of an.nnnn.. nn«,„N,. c„hl,.s. 5 Desktop chargers ModelAA1670 x 3.75 18.75 p,,,,,,a,,,,n,n,, pNys¢aI aUuse one wa,n./cnnmicnl en NI NDe. 2 Batt Maint System Model WPLN4079BR x 9.00 18.00 10 APX6000XE Portables x 2.00 20.00 6 APX6500 Mobile Radios x 2.00 12.00 [X ] NEW [ ] RENEWAL AGREEMENT AGREEMENT# Additional terms, definitions and conditions of this SERVICE AGREEMENT are printed on the reverse side. Purchase Number PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY I ) YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY t x I NO [ x ] MONTHLY [ ] OTHER (SPECIFY IN SPECIAL INSTRUCTIONS) TOTAL PER MONTH $665.75 TAXES AUTHORIZED CUSTOMER (SIGNATURE) Date TOTAL $665.75 THE ABOVE SERVICE AMOUNT IS SUBJECT TO STATE & LOCAL TAXING JURISDICTIONS, TO BE VERIFIED BY DAY WIRELESS SERVICE REPRESENTATIVE (SIGNATURE) Date 144 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 145 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying and authorizing the acceptance of the 2016 Citizens Option for Public Safety (COPS) Program grant in the amount of $100,000.00 to purchase police radios, Panasonic Toughbook computers, 145 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: kesolution of the City Council of the City of National City ratifying and authorizing the acceptance of the 2016 Citizens' Option for Public Safety (COPS) Program grant in the amount of $100,000.00 to purchase police radios, Panasonic Toughbook computers, Tasers, police service helmets, capitol project that supports front line police services, pepperball Ianchers, and other essential police equipment as needed and to ratify and authorize the establishment of an appropriation and corresponding revenue budget in the amount of the grant within the Supplemental Law Enforcement Services Fund (SLESF). PREPARED BY: Jeff Etzler, Police Sergeant PHONE: (619) 336-4437 EXPLANATION: DEPARTMENT: Police APPROVED BY: The County of San Diego notified the City of National City that it has arded$100,000.00 in grant funding via the FY 2016/17 SLESF/COPS Program for frontline municipal police services. The City is not required to allocate any up -front costs or matching funds in order to receive the funds. Therefore, there is no impact to the general fund. FINANCIAL STATEMENT: ACCOUNT NO. Revenue Fund: 208-00000-3463 Expenditure Fund: 208-411-918-various This Program does not require a match or in -kind contribution; therefore there is no impact to the general fund. ENVIRONMENTAL REVIEW: Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: ` APPROVED: Finance MIS STAFF RECOMMENDATION: Staff recommends that the City Council adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: NCPD award letter and monthly disbursement from County of San Diego, dated June 12, 2017 Prior Resolution No. 2016 - 23 146 of 350 TRACY M. SANDOVAL DEPUTY CHIEF APM1NFSTRAT(VE OFFICER! AUDITOR ANO CONTROLLER (G18) 5314413 FAX (619183145219 June 12, 2017 a.nntnt xx# $ut 1iega FINANCE & GENERAL GOVERNMENT GROUP . 1600 PACIFIC HIGHWAY, SUITE 4es, SAN DIEGO, CA 02101-2422 Leslie Deese, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 Dear Ms. Deese: FISCAL YEAR 2016/17 CITIZEN'S OPTION FOR PUBLIC SAFETY (COPS) PROGRAM FUNDING The County of San Diego received an allocation for the April COPS funding in the Enhancing Law Enforcement Activities Subaccount within the Local Revenue Fund 2011. Pursuant to section 30061 of the Govemment Code, National City's proportionate share for the fiscal year is $100,000. Enclosed is a warrant of $20,000 for the month of April. The legislation requires the money to be deposited in the City's Supplemental Law Enforcement Services Account (SLESA). If you have any questions, please contact Adaoha Agu at (858) 694-2129. Sincerely, NCA L. MILLER, Manager Projects, Revenue and Grants Accounting PRGA:BM:koa Enclosure RECEIVE» niv 14 Z1117 CITY OF NATIONAL CITY CITE' MANAGER'S OFFICE ASSESSORJRECORDER/COUNTY CLERK CLERK OF THE BOARD GRAND JURY AUDITOR AND CONTROLLER COUNTY COMMUNICATIONS OFFICE HUMAN RESOURCES CHIEF ADMINISTRATIVE OFFICE • .1■ • . L RETIREMENT ASSOCIATION CIVO. SERVICE COMMISSION CO OFFICE TREASURER•TAXCOLLECTOR 147 of 350 :; 0..ignf .ri l' . Iks E;o'EN IS 3'0 liMENr O TAM ti , ED - CURITYTINT A(ilia`aROliNQTE3fi WHITEPP,A - Rgi1:. �?z ,'I i1! ?xx 4.w:gL ►/ - The Treasurer Will Pay, County of San Diego 1600 Pacific Highway San Diego, CA92101-2478 Wells Fargo Bank Ohio, N.A. 155 Hospital Drive Van Wert, OH 45891 Twenty Thousand Dollars And Zero Cents***** NATIONAL CITY, CITY OF 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950-4397 56-3821412 Warrant No, 6382471 Date of Issue : 06/09/201; $ *****20,000.00* VOID IF NOT PRESENTED TO COUNTY TREASURER WITHIN SIX MONTHS FROM DATE OF ISSUE, GOV'T CODE SECT. 29502 AUDITOR AND CONTROLLE f t �y HEA3 ICK EAtitS ]OCUMENT ONTAINVA' 1 RTIFICIAE SWA1rl_RMARKY4HO.LDIATAANA'NG4'E40,ME-lN. . .. ' II'0638 2117 Lo 120 313DDOSO 6 2u' PLEASE ADDRESS CORRESPONDENCE REGARDING THIS PAYMENT SAN DIEGO COUNTY AUDITOR AND CONTROLLER 5530 OVERLAND AVENUE,STE 416 SAN DIEGO,CA 92123-1261 (858) 694-2053 WARRANT No. 6382471 AUTHORITY/PO INVOICE DESCRIPTION DISCAMT NET AMOUNT GC 30061 12JUN2017 SLESF PER GC 30061 (COPS) 0.00 20,000.0( .00 20,000.0 148 of 350 RESOLUTION NO. 2016 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING AND AUTHORIZING THE ACCEPTANCE OF A $14,618.25 FISCAL YEAR 2015 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM GRANT AND $100,000.00 FISCAL YEAR 2016 CITIZENS' OPTION FOR PUBLIC SAFETY (COPS) PROGRAM GRANT TO PURCHASE POLICE RADIOS, PANASONIC TOUGHBOOK COMPUTERS, ACTIVE SHOOTER PLATES AND PLATE CARRIERS, TASERS, AND OTHER ESSENTIAL POLICE EQUIPMENT AS NEEDED, AND AUTHORIZE THE ESTABLISHMENT OF AN APPROPRIATION AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT OF THE GRANT WITHIN THE SUPPLEMENTAL LAW ENFORCEMENT SERVICES FUND (SLESF) WHEREAS, the County of San Diego ('County") notified the City of National City that it has awarded grant funding through the Supplemental Law Enforcement Services Fund (SLESF)/Citizens' Option for Public Safety (COPS) Program (the 'Program') for frontline municipal police services in the amount of $14,628.25 from the Fiscal Year 2015 Program and $100,000 from the Fiscal Year 2016 Program, for a total amount of $114,618.25; and WHEREAS, the City is not required to allocate any up -front costs or matching funds in order to receive the funds; and WHEREAS, the County disbursed the quarterly funds to each city within 30 days of receipt from the State, and as of January, 2016, the City has received $114,618.25 from the County; and WHEREAS, the National City Police Department proposes to utilize the $114,618.25 in grant funds for the purchase of police radios, Panasonic Toughbook computers, active shooter plates and plate carriers, Tasers, and other essential police equipment as needed; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of National City hereby ratifies the acceptance of Supplemental Law Enforcement Services Fund (SLESF)/Citizens' Option for Public Safety (COPS) Program grant funds for frontline municipal police services in the amount of $14,628.25 from the Fiscal Year 2015 Program and $100,000 from the Fiscal Year 2016 Program, for a total amount of $114,618.25. BE IT FURTHER RESOLVED that the City Council authorizes the establishment of appropriations and a corresponding revenue budget for said grant funds. PASSED and ADOPTED this 1st day of March, 20 . n Morrison, Mayor ATTEST: PPROVED AS TO FORM: 4-441147 I Mic ael R. Della, C Clerk au City Atto 149 of 350 Passed and adopted by the Council of the City of National City, California, on March 1, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /r A City CI rk of the City of N t onal City, California By: Deputy l HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-23 of the City of National City, California, passed and adopted by the Council of said City on March 1, 2016. City Clerk of the City of National City, California By: Deputy 150 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 151 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2016 Operation Stonegarden Grant in the amount $44,000, and authorizing the Chief of Police to execute the Agreement for the award of the grant funds and sign 151 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the acceptance of the FY 2016 Operation Stonegarden Grant in the amount $44,000, and authorizing the Chief of Police to execute the Agreement for the award of the grant funds and sign grant documents indemnifying the granting agency against any liability arising from grant related operations, and authorizing the establishment of the Police Department Grants Fund appropriations and a corresponding revenue budget, in the amount of the grant for reimbursement of overtime, fringe benefits and mileage for programmatic operations. PREPARED BY: Jeff Etzler, Sergeant DEPARTMENT: PHONE: 619-336-4437 APPROVED BY: EXPLANATION: The County of San Diego through the San Diego County Sheriff's Department re c( ived $6,77 ,,000 in grant funding from the California Governor's Office of Emergency Services (Cal OES) via the U.S. Department of Homeland Security (DHS) for the Fiscal Year (FY) 2016 Operation Stonegarden (OPSG) Grant (under the Homeland Security Grant Program). As one of the 24 participating agencies, the National City Police Department's share of the total grant amount is $44,000. The Police Department's participation is governed by a Memorandum of Agreement with the San Diego County Sheriff's Department, who serves as the fiscal agent for the grant. The Operation Stonegarden Program is a reimbursable grant for law enforcement preparedness and operational readiness along the land and water borders of the United States and to address cross -border crimes in the region. As designated, the National City Police Department plans to spend all $44,000 on overtime, fringe benefits, and vehicle mileage. No matching funds are required. There is no impact on the general fund. FINANCIAL STATEMENT: APPROVED //1/( -•. finance ACCOUNT NO. Expenditure: 290-411-660-1* APPROVED: MIS Revenue: 290-11660-3498 This program does not require a match or in -kind contribution; therefore, there is no impact to impact to the general fund. ENVIRONMENTAL REVIEW: Not applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends the City Council adopt the resolution BOARD / COMMISSION RECOMMENDATION: ;Not applicable i ATTACHMENTS: Operation Stonegarden FY16 Agency Allocation Worksheet Memorandum of Agreement, Grant Assurances Signature authorization form 152 of 350 I FY 2016 OPERATION STONEGARDEN AGENCY AL! .,3CATION WORKSHEET AGENCY NAME National City Police Department Grand Total San Diego County Region FY16 APPROVED ALLOCATION 44,000 FY 16 APPROVED EQUIPMENT ALLOCATION TOTAL ALLOCATION 6,024,600 EQUIPMENT QTY TOTAL COST 675,400 :.° $ 2016 OPSG AWARD AMOUNT $ 44,000 6,700,000 153 of 350 County of Santa Cruz Sheriff -Coroner 6200 Sequel Avenue, Santa Cruz, CA 96062 Phone:0131) 454-7600 Fax:(831) 454-7604 Jim Hart, Shart f-Coroner February 28, 2017 San Diego County Sheriffs Department Aftn: Steven Tamayo/lvy Scites- OPSG 9621 Ridgehaven Court San Diego, CA 92123 RE: Terminating agreements for Operation Stonegarden grants Dear Mr. Tamayo and Ms. Scites: This letter constitutes notice that the Santa Cruz County Sheriffs Office is terminating its participation in the 2015 and 2016 Operation Stonegarden (OPSG) Grant Agreements. Per section 5.2 of the Agreements, our participation in the Agreements will end 90 days from the date this letter is issued. The Santa Cruz County Sheriffs Office will forfeit the remaining funds from the 2015 Operation Stonegarden (OPSG) grant in the amount of $4,919. Please indicate your acknowledgement and receipt of this notice by executing and returning the enclosed photocopy of this notice, in the enclosed stamped envelope, to the above -referenced address. Sincerely, m Hart Sheriff -Coroner Acknowledged and Receiv Date 0)ulotko Title JILL SERRANO, Chief Financial Officer Department M go rvkces Sweets 154 of 350 AGREEMENT FOR THE FISCAL YEAR 2016 OPERATION STONEGARDEN (OPSG) GRANT I. PARTIES TO THE AGREEMENT This Agreement is among the COUNTY OF SAN DIEGO ("COUNTY"), the CITY OF CARLSBAD, the CITY OF CHULA VISTA, the CITY OF CORONADO, the CITY OF EL CAJON, the CITY OF ESCONDIDO, the CITY OF LA MESA, the CITY OF NATIONAL CITY, the CITY OF OCEANSIDE, the CITY OF SAN DIEGO ("CITIES"), the SAN DIEGO UNIFIED PORT DISTRICT ("SDUPD"), the UNIVERSITY OF CALIFORNIA SAN DIEGO ("UCSD"), the COUNTY OF LOS ANGELES ("LAC"), the COUNTY OF MONTEREY ("MC"), the COUNTY OF ORANGE ("OC"), the COUNTY OF SAN LUIS OBISPO ("SLOC"), the COUNTY OF SAN MATEO ("SMC), the COUNTY OF SANTA BARBARA ("SBC"), the COUNTY OF SANTA CRUZ ("SCC"), the COUNTY OF VENTURA ("VC"), the CALIFORNIA HIGHWAY PATROL ("CHP"), the CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE ("DFW"), and the CALIFORNIA DEPARTMENT OF PARKS AND RECREATION ("DPR"), collectively the "PARTIES", for program support of the Operation Stonegarden Grant ("OPSG"). 1.1 Party Departments Or Agencies Participating In The Agreement For the COUNTY, participating agencies are the Probation Department ("PROBATION") and the Sheriff's Department ("SHERIFF"). For the CITIES and SDUPD, and University, participating agencies are their respective police department. For LAC, MC, OC, SLOC, SMC, SBC, SCC, and VC. participating agencies are their respective Sheriffs Department. CHP, DFW, and DPR do not have subordinate agencies or department participants. 2. RECITALS 2.1 COUNTY through SHERIFF requested and received funds from the U.S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (CaIOES), under the Fiscal Year (FY) 2016 Operation Stonegarden Grant (OPSG) Program. 2.2 Funds shall be used to support the OPSG program to enhance law enforcement preparedness and operational readiness along the land and water borders of the United States. 2.3 Government Code §55632 authorizes COUNTY and PARTIES to contract for provision of joint law enforcement services. 2.4 PARTIES desire to enter into an agreement with provisions concerning the nature and extent of OPSG collaboration, services rendered, and compensation. 2.5 COUNTY, by action of the Board of Supervisors Minute Order No. 3 on November 15, 2016, approved and authorized the SHERIFF to execute expenditure contracts to use FY 155 of 350 2016 OPSG funds to reimburse all PARTIES for overtime expenses; equipment and vehicle purchases; fuel, mileage. flight, and vehicle and equipment maintenance costs incurred in OPSG Operations not to exceed the amounts described in Exhibit A — FY 2016 Budget Worksheet, during the project period September 1.2016 through May 31, 2019. 2.6 PARTIES shall maintain documentation supporting all expenditures reimbursed from OPSG grant funds, ensure all expenditures are allowable under grant requirements, adhere to their jurisdiction's authorized procurement methods and comply with the Single Audit Act Amendments of 1996 and Title 2 of the Code of Federal Regulations, Part 200, Subpart F Audit Requirements regarding an organization -wide financial and compliance audit reports if $750,000 or more of OPSG federal funds are expended in a fiscal year. The documentation and records shalt be maintained and retained in accordance with OPSG grant requirements and shall be available for audit and inspection. For accounting purposes, the following is a description of OPSG funds: (a) Federal Grantor Agency: U.S. Department of Homeland Security (b) Pass -Through Agency: California Governor's Office of Emergency Services (CaIOES) (c) Program Title: Homeland Security Grant Program (d) Grant Identification Number: 2016-0102 (e) Federal CFDA Number: 97.067 2,7 PARTIES agree to each of the following Exhibits attached hereto andlor available using the referenced link: (a) Exhibit A — FY 2016 Budget Worksheet (b) Exhibit B — FY 2016 Grant Assurances (c) Exhibit C — FY 2016 OPSG Operations Order (d) Exhibit D - FY 2016 Homeland Security Grant Program Notice of Funding Opportunity (NOFO), which can be referenced at httns:tAvw m4.fema.uovtmedia-Iibrurv-datar 1455569937218- 3daa3552913bSat7e0c6b5bc3b4486351rV 2016 1-ISGP NOFO FINAL.pdf (e) Exhibit E — Title 2 oldie Code of Federal Regulations Part 200, which can be referenced at http:Etatiww.ccfr.uovicei-binitext- idx?tpl=iecfrbrowsetTit1c0212cfr200 main 02.tpl NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PARTIES jointly intend that COUNTY will reimburse, and PARTIES will provide, a level of OPSG services as set forth in this Agreement. 3. PURPOSE AND INTENT The purpose of this Agreement is to satisfy the OPSG proposal submitted to and awarded by the DHS passed through the CaIOES, under the FY 2016 Operation Stonegarden Grant. 4. SCOPE OF SERVICES 4.1 Method of Service Delivery 156 of 350 SHERIFF will maintain the OPSG grant and will be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF'S °PSG program will be staffed as described in section 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES. 4.2 Overview of Basic Services PARTIES will provide OPSG Operations ("Operations") by increasing law enforcement presence in each PARTY's designated jurisdiction and in coordination with other OPSG partner agencies in order to support the U. S. Department of Homeland Security. Bureau of Customs and Border Protection efforts in the region to improve border security. PARTIES will enforce local and state laws and will not enforce immigration laws on behalf of Customs and Border Protection/Border Patrol. 5. TERM OF AGREEMENT 5.1 Initial. Term The term of this Agreement shall be retroactive to 12:01 a.m. on September 1, 2016, and shall continue in effect through and terminate at midnight on May 31, 2019; subject to the termination provision in section 5.2. 5.2 Termination Subject to the applicable provisions ofstate .law, each PARTY may terminate its participation in this Agreement upon ninety (90) days minimum written notice to the other PARTIES. 6. STANDARDS OF SERVICE: OBLIGATIONS OF THE PARTIES 6.1 Anticipated Outcome The anticipated outcome of OPSG Operations to be provided by PARTIES under this Agreement is increased law enforcement presence in each PARTY's designated jurisdiction in order to support the U. S. Department of Homeland Security, Bureau of Customs and Border Protection efforts in the region to improve border security and reduce border related crime. The anticipated outcome will be reached by achieving the goals and accomplishing the missions set forth below by the PARTIES and in Exhibit C FY 2016 OPSG Operations Order, attached hereto. 6.1.1 PARTIES will provide enhanced enforcement by increasing patrol presence in proximity to the border and/or routes of ingress from the border, including the water borders. In addition, PARTIES will utilize their unique investigatory areas of expertise in operations. 6.1,2 Increase intelligence/information sharing among PARTIES, including but not limited to the following activities: (a) Conduct bimonthly meetings with a minimum of one representative from each PARTY. (b) increase information sharing during operations. 3 157 of 350 6.1.3 Prior to OPSG Operations, PARTIES' Designated Coordinator, as outlined in section 6.2.3, shall submit an Operations Plan to the Integrated Planning Team (IPT) at least 72 hours prior to the operation. The IPT is comprised of the SHERIFF and U. S. Border Patrol sworn grant representatives. The role of the 1PT is to provide support and guidance to the local, state, and federal law enforcement stakeholders within the grant. The Operations Plan is to be submitted via email to the current IPT point of contact and to SDCOPSG2008(a, j�cbp.dhs.gov. 6.1.4 At the conclusion of each Operation funded by OPSG, state/local law enforcement officers in each PARTY will complete a Daily Activity Report (DAR). The DAR will be submitted via email to Customs and Border Protection Sector Headquarters at: SDCOPSG2008rcbp.dhs.gov and SHERIFF at: stonegardenu-.sdsheriff.org before the next Wednesday following the operation. 6.1.5 At the conclusion of each Operation funded by OPSG, the Operations Coordinator will email all backup source documents (e.g., arrest reports, citations, field interviews, etc.) to SDCOPSG2008@cbp.dhs.gov for review before the next Wednesday following the operation. 6.1.6 PARTIES will send their weeklylbi-weeklytmonthly OPSG schedule (whichever applies), utilizing the appropriate format, to the current 1PT point of contact and to SDCOPSG2008facbp.dhs.gov as it becomes available. All schedules will be compiled and sent to the Law Enforcement Coordination Center (LECC). 6.2 Personnel Oualifications and Assignment 6.2.1 Qualifications Each PARTY shall ensure that personnel assigned to perform Operations pursuant to this Agreement meet the minimum qualifications for their specific classification. 6.2.2 jl anatement. Direction and Supervision; independent Contractors The hiring, firing, management, direction, and supervision of each PARTY's personnel, the standards of performance, the discipline of each PARTY's personnel, and all other matters incident to the performance of such services, shall be performed by and be the responsibility of each PARTY in each PARTY's sole but reasonable judgment and in accord with the provisions of applicable labor agreements. Each PARTY shall be the appointing authority for all its personnel provided to OPSG by this Agreement. PARTIES shall have no liability for any direct payment of salary, wages. indemnity, or other compensation or benefit to any other ?ARTY's personnel. Each PARTY and its respective officers, agents, and employees are independent contractors and are not officers, agents, and employees of any other PARTY. Each PARTY's personnel are under the direct and exclusive supervision of that PARTY, and each PARTY assumes full responsibility for the performance of its own personnel in 4 158 of 350 connection with this Agreement. No PARTY has the authority to bind any other PARTY. 6.2.3 Desiinatcd Coordinators SHERIFF shall select and designate a Coordinator, at the rank of Sheriffs Lieutenant or higher, who shall manage and direct the OPSG Operations. Each other PARTY shall select and designate a coordinator for their respective agency under this Agreement. The designated coordinators for each PARTY shall serve as their agency contact and shall implement, as needed, appropriate procedures governing the performance of all requirements under this Agreement and shall be responsible for meeting and conferring in good faith in order to address any disputes which may arise concerning implementation of this Agreement. 6.2.4 Staffing for Basic Services PARTIES shall ensure that adequate numbers of their qualified respective personnel are provided to OPSG Operations at all times during the term of this Agreement to meet the Basic Services, Scope of Services, and Standards of Service commitments set forth herein. 6.2.5 Equipment and Supplies COUNTY will provide SHERIFF OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Operations. Similarly, all other PARTIES will provide their respective OPSG personnel with all supplies and/or prescribed safety gear, body armor, and/or standard issue equipment necessary to perform OPSG Operations unless otherwise specified in Exhibit C attached hereto. 6.2.5.1 PARTIES are responsible for the procurement of their own equipment to be used in OPSG Operations. 6.2.5.2 PARTIES will maintain an inventory list ofall equipment purchased with OPSG funds and when practicable, the equipment shall be prominently labeled per federal guidelines as follows: "Purchased with funds provided by the U.S. Department of Homeland Security". 7. COST OF SERVICES/CONSIDERATION 7.1 General 7.1.1 As full consideration for the satisfactory performance and completion by PARTIES of Operations set forth in this Agreement, COUNTY shall reimburse PARTIES for personnel assigned to perform OPSG Operations on the basis of claims and submittals as set forth hereunder. Such payments by COUNTY are dependent on the continued availability of funds from the U. S. Department of Homeland Security (DHS) passed through the California Governor's Office of Emergency Services (CaIOES). 159 of 350 7.1.2 PARTIES agree that awarded funds, identified as allowable costs, as set forth in Exhibit D — FY 2016 Homeland Security Grant Program Notice of Funding Opportunity (HSGP NOFO), shall be expended only for Operations operating expenses, and equipment as detailed in Exhibit A — FY 2016 Budget Worksheet, and that unallowable costs are not reimbursable as set forth in Exhibit D — FY 2016 HSGP NOFO. 7.1.3 No reimbursement shall be made to a PARTY during any period of time within which that PARTY is in default on fling any informational or financial reports required by the COUNTY. COUNTY shall make any necessary adjustments to PARTY claims to correct for previous overpayment and disallowances or underpayments. 7.2 Protect Costs/Rate of Compensation COUNTY shall reimburse PARTIES for overtime worked by personnel assigned to perform OPSG Operations and shall reimburse for equipment and vehicle purchases, equipment and vehicle maintenance, flight costs, fuel, and mileage based upon available funding and the actual costs incurred by PARTIES to provide Operations, purchase and maintain equipment and vehicles, flight costs, fuel, and mileage, under this Agreement, provided the costs are included in the approved Operations Order. 7.3 Method of Payment PARTIES shall submit to SHERIFF, accurate and complete reimbursement forms, labor reports, timesheets, corresponding Daily Activity Reports, equipment invoices, and purchase orders that represent amounts to be reimbursed under this Agreement within ninety (90) days from the date expenditure was incurred. All requests for reimbursement shall be sent to: San Diego County Sheriffs Department 0-41 Grants Unit (OPSG) P. O. Box 939062 San Diego, CA 92193-9062 7.3.1 Reimbursement forms and invoices must have the signature of PARTY's Authorized Agent, certifying that the invoice and substantiating documentation, e.g., labor reports. timesheets, etc. are true and correct. 7.3.2 PARTIES shall provide payroll records for each and every person whose costs are reimbursable under this Agreement, to include, at a minimum, the persorn's name, classification, duty position, task, regular hourly rate, overtime hourly rate, overtime hours worked, date(s) overtime worked, and fringe benefit rate and cost. 7.3.2.1. PARTIES shall make available to SHERIFF for inspection, upon request, all payroll records and any other records that relate to the Basic Services provided under this Agreement. 7.3.3 Sole source (or noncompetitive) procurements of equipment exceeding the simplified acquisition threshold (which is established by the Federal Acquisition 6 160 of 350 Regulation at 48 CFR Subpart 2.1 and is currently set at $ 150,000) will require prior written approval from CalOES. PARTIES must provide a copy of their respective Purchasing Agent's approval of this procurement method to the SHERIFF prior to purchasing the equipment. 7.3.4 PARTIES must obtain a performance bond from vendors if PARTIES procure the items) in question, pay the money up front, and the performance bond ensures delivery of the item within ninety (90) days of the performance period. This is required for any equipment items over 5250,000 or any vehicle, aircraft, or watercraft financed with ()PSG dollars. PARTIES must provide a copy of the performance bond to the SHERIFF no later than the time of reimbursement. 7.3.5 Within ninety (90) business days upon receipt of valid invoice and complete documentation as specified in sections 7.3.1, 7.3.2, 7.3.3, and 7.3.4, SHERIFF will reimburse PARTIES for the Bask Services agreed to. 7.3.6 Each PARTY is responsible for tracking their agency's claims to ensure their total claims do not exceed their agency's allocation in Exhibit A — FY 2016 Budget Worksheet. 7.4 Reimbursement Disallowances PARTIES not in compliance with procedures set forth in section 7.3 are at risk of having any incurred expenditures disallowed for reimbursement by SHERIFF. PARTIES that fail to submit claims for reimbursement within ninety (90) days will be notified in writing by SHERIFF that the claini(s) is/are past due and funds allocated to the PARTY for that time period shall be redistributed among other PARTIES. 8. PROGRAM/FINANCIAL ADMINISTRATION 8.1 PARTIES shall use Exhibit D — HSGP NOFO, Exhibit E -- OPSG State Guidance developed by the DHS and CalOES, and Exhibit F - Title 2 of the Code of Federal Regulations Part 200 (2 CFR Part 200), for the applicable grant year as the primary reference and day-to-day management tool in all programmatic, financial, and grant administration matters. The HSGP NOFO, Guidance, and 2 CFR Part 200 shall be used in conjunction with updates issued by the Office of Management and Budget, Grants & Training (G&T) information bulletins, and CalOES policy, regulations, and statutes. 8.1.1 Contract Provisions PARTIES shall ensure that all contracts adhere to all applicable contract provisions stated in 2 CFR §200.326 and found in Appendix 11- Contract Provisions for Non -Federal Entity Contracts Under Federal Awards. Reimbursement claims associated with contracts that are found to be in non-compliance will be denied. 8.1.2 Sole Source Purchases PARTIES must request and receive prior approval from CalOES, through SHERIFF, for any sole source procurement of goods or services per 2 CFR *200.320. 7 161 of 350 9. INDEMNIFICATION — WORKERS' COMPENSATION, EMPLOYMENT 9.1 The COUNTY shall fully indemnify and hold harmless non -County PARTIES and their respective officers, employees and agents. from any claims, losses, fines, expenses (including attorneys' fees and court costs and/or arbitration costs), costs, damages or liabilities arising from or related to (I) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of the COUNTY or any contract labor provider retained by the COUNTY. 9.2 Each non -County PARTY shall fully indemnify and hold harmless the COUNTY, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to, employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring. work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcement agency or any contract labor provider retained by the law enforcement agency. 9.3 Each non -County PARTY shall fully indemnify and hold harmless the other non - County PARTIES, its officers, employees, and agents, from any claims, losses, fines, expenses (including attorneys' fees and court costs or arbitration costs), costs, damages or liabilities arising from or related to (1) any workers' compensation claim or demand or other workers' compensation proceeding arising from or related to, or claimed to arise from or relate to. employment which is brought by an employee of that respective agency or any contract labor provider retained by non -County party, or (2) any claim, demand, suit, or other proceeding arising from or related to, or claimed to arise from or relate to, the status of employment (including without limitation, compensation, demotion, promotion, discipline, termination, hiring, work assignment, transfer, disability, leave or other such matters) which is brought by an employee of that respective law enforcetnent_agency_orany contract labor provider retained by the law enforcement agency. 10. INDEMNIFICATIQN RELATED TO ACTS OR OMISSIONS; NtGLIGENCE 10.1 Claims Arising From Sole Acts or Omissions an PARTY Each PARTY to this Agreement hereby agrees to defend and indemnify the other PARTIES to this Agreement, their agents, officers, and employees, from any claim, action. or proceeding against the other PARTIES, arising solely out of its own acts or omissions in $ 162 of 350 the performance of this Agreement. At each PARTY's sole discretion, each PARTY may participate at its own expense in the defense of any claim, action, or proceeding, but such participation shall not relieve any PARTY of any obligation imposed by this Agreement. PARTIES shall notify each other promptly of any claim, action, or proceeding and cooperate fully in the defense. 10.2 Claims Arising From Concurrent Acts or Omissions The PARTIES hereby agree to defend themselves from any claim, action, or proceeding arising out of the concurrent acts or omissions of the PARTIES. In such cases, PARTIES agree to retain their own legal counsel, bear their own defense costs, and waive their right to seek reimbursement of such costs, except as provided in paragraph 10.4 below. 10.3 Joint Defense Notwithstanding paragraph 10.2 above, in cases where PARTIES agree in writing to a joint defense, PARTIES may appoint joint defense counsel to defend the claim, action, or proceeding arising out of the concurrent acts or omissions of PARTIES. Joint defense counsel shall be selected by mutual agreement of PARTIES. PARTIES agree to share the costs of such joint defense and any agreed settlement in equal amounts, except as provided in paragraph 10.4 below. PARTIES further agree that no PARTY may bind the others to a settlement agreement without the written consent of the others. 10.4 Reimbursement and/or Reallocation Where a trial verdict or arbitration award allocates or determines the comparative fault of the parties, PARTIES may seek reimbursement and/or reallocation of defense costs, settlement payments, judgments and awards, consistent with such comparative fault. 11. GENERAL PROVISIONS 11.1 Notices Any notice, request, demand, or other communication required or permitted hereunder shall be in writing and may be personally delivered or given as of the date of mailing by depositing such notice in the united States mail. first-class postage prepaid and addressed as follows, or, to such other place as each PARTY may designate by subsequent written notice to each other: To COUNTY and SHERIFF: Sheriff San Diego County Sheriffs Department P. O. Box 939062 San Diego, CA 92193-9062 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. 500 San Diego, CA 92123 163 of 350 To Non -County PARTIES: Chiefof Police Carlsbad Police Department 2560 Orion Way Carlsbad, CA 92010 Chiefof Police Coronado Police Department 700 Orange Avenue Coronado, CA 92118 Chiefof Police Escondido Police Department 1163 North Centre City Parkway Escondido, CA 92026 Chiefof Police National City Department 1200 National City Blvd. National City. CA 91950 Chiefof Police San Diego Police Department 1401 Broadway San Diego, CA 92101 Chiefof Police University of California San Diego 9500 Gilman Drive, MC 0017 La Jolla, CA 92093 Sheriff Monterey County Sheriffs Office 1414 Natividad Road Salinas, CA 93906 Sheriff San Luis Obispo County Sheriff's Office 1585 Kansas Avenue San Luis Obispo, CA 93405 I0 Chief of Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chiefof Police El Cajon Police Department 100 Civic Center Way El Cajon, CA 92020-3916 Chiefof Police La Mesa Police Department 8085 University Avenue La Mesa, CA 91942 Chiefof Police Oceanside Police Department 3855 Mission Avenue Oceanside, CA 92054 Chiefof Harbor Police San Diego Harbor Police Department 3380 N. Harbor Drive San Diego, CA 92101 Sheriff Los Angeles County Sheriffs Dept. Special Enforcement Bureau 1060 N. Eastern Avenue Los Angeles, CA 90063 Sheriff Orange County Sheriff's Department 550 N. Flower Street Santa Ana, CA 92703 Sheriff San Mateo County Sheriffs Office 400 County Center Redwood City, CA 94063 164 of 350 Sheriff Santa Barbara County Sheriff's Office 4434 Calle Real Santa Barbara, CA 93110 Sheriff. Ventura County Sheriffs Office 800 South Victoria Avenue Ventura, CA 93009 Chief of Enforcement California Department of Fish and Wildlife 1416 91 Street, Room 1326 Sacramento, CA 95814 Sheriff Santa Cruz County Sheriff's Office 5200 Soquel Avenue Santa Cruz, CA 95062 Chief California Highway Patrol 9330 Farnham Street San Diego, CA 92123 Chief California Department of Parks and Recreation 1416 9th Street Sacramento, CA 95814 A notice shall be effective on the date of personal delivery if personally delivered before 5:00 p.m. on a business day or otherwise on the first business day following personal delivery; or two (2) business days following the date the notice is postmarked, if mailed; or on the first business day following delivery to the applicable overnight courier, if sent by overnight courier for next business day delivery and otherwise when actually received. 11.2 Amendment This Agreement may be modified or amended only by a written document signed by the COUNTY through SHERIFF and the affected PARTY or PARTIES, and no oral understanding or agreement shall be binding on any PARTY or PARTIES. 11.3 Entire Agreement This Agreement constitutes the complete and exclusive statement of agreement between the COUNTY and non -County PARTIES with respect to the subject matter hereto. As such, all prior written and oral understandings are superseded in total by this Agreement. 11.4 Construction This Agreement will be deemed to have been made and shall be construed, -interpreted, governed, and enforced pursuant to, and in accordance with, the laws of the State of California. The headings and captions used in this Agreement are for convenience and ease of reference only and shall not be used to construe, interpret, expand, or limit the terms of the Agreement and shall not be construed against any one PARTY. 11.5 Waiver A waiver by COUNTY or non -County PARTIES of a breach of any of the covenants to be performed by COUNTY or non -County PARTIES shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions, or conditions of this Agreement. In addition, the failure of any PARTY to insist upon strict compliance with any provision of this Agreement shall not be considered a waiver of any right to do so, 11 165 of 350 whether for that breach or any subsequent breach. The acceptance by COUNTY or non - County PARTIES of either performance or payment shall not be considered a waiver of PARTY's preceding breach of this Agreement. 11.6 Authority to Enter Agreement COUNTY and non -County PARTIES have all requisite power and authority to conduct their respective business and to execute, deliver, and perform the Agreement. Each PARTY warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective PARTY. 11.7 Cooperation COUNTY through SHERIFF and Non -County PARTIES will cooperate in good faith to implement this Agreement. 11.8 Counterparts This Agreement may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same instrument. 11.9 Severability This Agreement is subject to all applicable laws and regulations. If any provision of this Agreement is found by any Court or other legal authority, or is agreed upon by the PARTIES, to be in conflict with any law or regulation, then the conflicting provision shall be considered null and void. If the effect of nullifying any conflicting provision is such that a material benefit of this Agreement to any PARTY is lost, then the Agreement may be terminated at the option of the affected PARTY, with the notice as required in this Agreement. In all other cases, the remainder of this Agreement shall be severable and shall continue in full force and effect. 11.10 Representation Each PARTIES' Chief and/or Sheriff, or their respective designee, shall represent its PARTY in all discussions pertaining to this Agreement. SHERIFF, or his or her designee, shall represent COUNTY in all discussions pertaining to this Agreement. 11.11 Dispute Resolution Concerning Services and Payment In the event of any dispute concerning services and payment arising from this Agreement, the SHERIFF, or his or her designee, and PARTY's Chief and/or Sheriff, or his or her respective designee, will meet and confer within ten (10) business days after receiving notice of the dispute to resolve the dispute. 11.12 Termination of Funding In the event that funding for reimbursement of costs related to OPSG Operations is terminated by the DHS, this Agreement in its entirety shall be considered null and void and COUNTY through SHERIFF and PARTIES shall no longer be required to provide OPSG Operations as described herein. In such event, the COUNTY through SHERIFF and PARTIES shall meet immediately, and if agreed upon by the COUNTY through SHERIFF I2 166 of 350 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Operations through alternate means. 11.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 11.14 California Law This Agreement is executed and delivered within the State of Cal Woman and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the taws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this dayof APPAL- ,2017. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF's DEPARTMENT PROBATION DEPARTMENT eid/41-‘or, William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 13 167 of 350 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Operations through alternate means. 11.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 11.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2017. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF's DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Ncil Gaiiucci Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 13 168 of 350 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Operations through alternate means. 11.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 11.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2017. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF's DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT 2171," _ _ Neil Gallucci Chief CORONADO POLICE DEPARTMENT Jon Proomin Chief PAUCG. EDMONSON tic . Assistant City Aftomay City of Carlsbad Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 13 169 of 350 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Operations through alternate means. 11.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 11.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of , 2017. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF's DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT CITY OF EL CAJON Douglas Williford City Manager l3 170 of 350 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Operations through alternate means. 11.13 Obliaatian This Agreement shall be binding upon the successors of the PARTIES. 11.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of ,H17, COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF's DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief CORONADO POLICE DEPARTMENT n Froomin Chief Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 171 of 350 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of OPSG Operations through alternate means. 11.13 Obligation This Agreement shall be binding upon the successors of the PARTIES. 11.14 California Law This Agreement is executed and delivered within the State of California and the rights and obligations of the PARTIES hereto shall be construed and enforced in accordance with, and governed by, the laws of the State of California. IN WITNESS WHEREOF, the PARTIES hereto have executed this Agreement on this day of )2017. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO SHERIFF's DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON City Manager 13 172 of 350 ESCONDIDO POLICE DEPARTMENT NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Jim McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 14 173 of 350 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFF's DEPARTMENT Jim McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGF;.FS Michele Jackson Principal Deputy County Counsel 14 174 of 350 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to farm: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFFS DEPARTMENT Jute McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief Approved as to fours: MARY C, WICKH+4M, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 14 175 of 350 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Jim McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy. Chief CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 14 176 of 350 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT ivo4/ Shelley Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO ittinfi re Deputy City Attorney LOS ANGELES COUNTY SRERIFF's DEPARTMENT Jim McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 14 177 of 350 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFF'S DEPARTMENT Jim McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John' Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 14 178 of 350 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmerman Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFF's 14 LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief CITY OF SAN DIEGO Mayor Kevin L. Faulconer or Designee SAN DIEGO HARBOR POLICE DEPARTMENT John Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGELES hele Jackson Principal Deputy Co Counsel 179 of 350 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT Davxl S. Rose Chief ORANGE COUNTY SHERIFF's DEPARTMENT Sandra Hutchens SheriffCoroner SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF's OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFF's OFFICE Geoff Dean Sheriff 11/ 11l MONTEREY COUNTY SHERIFF'S OFFICE Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFFS OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division I5 180 of 350 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SHERWF's DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF's OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF'S OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFF'S OFFICE deof Dean Sheriff II/ MONTEREY COUNTY SHERIFF'S OFFICE hen Bernal Sheriff Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF'S OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF'S OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 15 181 of 350 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SHERIFF''s DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF"s OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFF's OFFICE Geoff Dean Sheriff ri MONTEREY COUNTY SRERIFFs OFFICE Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF's OFFICE Jim Hart Sheriff Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 15 182 of 350 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SHERIFF's DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF's OFFICE SANTA BARBARA COUNTY SHERIFF's OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHER!FF's OFFICE Geoff Dean Sheriff 111 11f MONTEREY COUNTY SHERIFF*s OFFICE Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF's OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 15 183 of 350 UNIVERSITY OF CALIFORNIA, MONTEREY COUNTY SAN DIEGO POLICE DEPARTMENT SHERIFF's OFFICE David S. Rose Chief ORANGE COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF'S OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFF'S OFFICE Geoff Dean Sheriff /// f!! Stephen Bernal Sheriff Coroner Approved as to farm and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF'S OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 15 184 of 350 UNIVERSITY OF CALIFORNIA, MONTEREY COUNTY SAN DIEGO POLICE DEPARTMENT SHERIFF'S OFFICE David S. Rose Chief' ORANGE COUNTY SHERIFF's DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF's OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF's OFFICE Bill : town Shenff•Coroner VENTURA COUNTY SHERIFF's OFFICE Geoff Dean Sheriff Ill 11! Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF's OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division l5 185 of 350 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SHERIFF'S DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF'S OFFICE Ian Parkinson Sheriff SANTA BAR.BARA COUNTY SHERIFF'S OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFF's MONTEREY COUNTY SHERIFF's OFFICE Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF'S OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 15 186 of 350 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SHERIFF's DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF's OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF's. OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFF's OFFICE Geoff Dean Sheriff: /// /// MONTEREY COUNTY SHERIFF% OFFICE Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF% OFFICE Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFF% OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL 15 Abele ef, Border Division 187 of 350 CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE OF PARKS AND RECREATION Gallegos Robin Greene C Assistant Deputy Director t Branch District Superintendent Administration Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy 188 of 350 CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE Karen Edgren Chief, Business Management Branch Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy OF PARKS AND RECREATION Robin Greene District Superintendent 16 189 of 350 CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE OF PARKS AND RECREATION Karen Edgren Robin Greene Chief, Business Management Branch District Superintendent Approved as to form and legality: SAN DIEGO COUNTY COUNSEL /V if wo Mark Day Senior Deputy 16 190 of 350 County of San Diego SHERIFF'S DEPARTMENT ma OPERATION STONEGARDEN GRANT SIGNATURE AUTHORIZATION FORM Agency: National City Police Department Date signed: 05/18/2017 The glow named pt .,Onnel art authorized to sign thc request for reimbursement and certify any documentation for the FY 2016 Operation Stonegarden grant program. AUTHORIZED AGENTS NAME Title SPECIMEN SIGNATURE TELEPHONE NUMBER EMAIL ADDRESS Jeff Etzler Sergeant g (619)336-4437 jetzlerrnationalcityca.gov Jose Tellez Captain (619)336-4513 jtellez@nationalcityca.gov a.gov rImm.gI - }RN OPSC CONTACTS NAME Title MAILING ADDRESS TELEPHONE NUMBER E-MAIL ADDRESS Arnold Ocane Sr. Accountant 1243 National Cagy ems, Matena city. Ca 91959 (619)336-4342 aacana©nationalclyca.gov Ron Outlay Accountant 1243 National My Boheavaal, Wang Cuy, Ca 91950 (619)336-4346 r+gudayynationalcityca.gov This form supersedes an others far above indicated agency. Requests for reimbursement received and/or certified documents from staff not identified in this form w I not be processed. Manuel Rodriguez 05/18/2017 (619)336-4510 Printed Name nature Date Phone No. Adze farm to: San Dle6o County Sheriffs Oflxae, Grants Unit, Rik OPSG c/o Sieben Taimeydhry$caw, PO Box 939082, San Diego, CA 92123 For questions an this form please contact. Steven Taney° ur 883-974-213iYSreven. ram eyiogsdsherflr erg orlry wales at 858-974-22943/iry.Scileseisdsheriif erg Authorized Agent Signature Page FY 16 OFSG CC/CDC-HA Agenda 8/1/2017 — Page 192 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying the Purchase and Sale Agreement executed on July 11, 2017 and authorizing the purchase of real property located at 420 W. 21st Street from Isfahan, Inc. for a total sales price of $355, 192 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City ratifying the Purchase and Sale Agreement executed on July 11, 2017 and authorizing the purchase of real property located at 420 W. 21s, Street from Isfahan, Inc. for a total sales price of $355,000 and the payment of closing costs not to exceed $2,000. PREPARED BY: Gregory Rose, Property Agent PHONE: 619.336.4266 EXPLANATION: DEPARTMENT: Housing & Economic Development APPROVED B This property is a long rectangular parcel located on 21st street that sticks out into an area that will be part of the 4.4 acre expansion of Paradise Creek Educational Park. The parcel is key in creating proper access to the new park and facilitating street improvements and drainage at 21st Street and Harding Avenue. The property is listed for sale for $355,000. City staff presented the opportunity to purchase the property in closed session on June 20, 2017 and City Council provided direction in closed session on June 20, 2017 to begin negotiations and secure the purchase and sale of the property subject to City Council approval. The City approached the listing broker and made an offer, contingent on two factors: 1) the City could only pay the appraised value for the property; and 2) the City would have to obtain City Council approval of the purchase and sale of the property. The property was appraised for $355,000 and entered into a purchase and sale agreement contingent on City Council approval. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: L--Finance APPROVED: MIS Expenditure Account #001-409-500-598-1596 (WI-TOD Improvements) - $357,000 ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Purchase and Sale Agreement 2. Aerial Map of Property 3. Property Appraisal 4. Resolution 193 of 350 Attachment No. 1 ! CAL I F O R N I A DISCLOSURE REGARDING dlk ASSOCIATION REAL ESTATE AGENCY RELATIONSHIP :,v OF R E A L T O R S® (Selling Firm to Buyer) (As required by the Civil Code) (C.A.R. Form AD, Revised 12114) ❑ (If checked) This form is being provided in connection with a transaction for a leasehold interest exceeding one year as per Civil Code section 2079.13(k) and (m). When you enter into a discussion with a real estate agent regarding a real estate transaction, you should from the outset understand what type of agency relationship or representation you wish to have with the agent in the transaction. SELLERS AGENT A Seller's agent under a listing agreement with the Seller acts as the agent for the Seller only. A Seller's agent or a subagent of that agent has the following affirmative obligations: To the Seller: A Fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Seiler. To the Buyer and the Seller: (a)Diligent exercise of reasonable skill and care in performance of the agent's duties. (b)A duty of honest and fair dealing and good faith. (c)A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. BUYER'S AGENT A selling agent can, with a Buyer's consent, agree to act as agent for the Buyer only. In these situations, the agent is not the Sellers agent, even if by agreement the agent may receive compensation for services rendered, either in full or in part from the Seller. An agent acting only for a Buyer has the following affirmative obligations: To the Buyer: A fiduciary duty of utmost care, integrity, honesty and loyalty in dealings with the Buyer. To the Buyer and the Seller: (a)Diligent exercise of reasonable skill and care in performance of the agent's duties. (b)A duty of honest and fair dealing and good faith. (c)A duty to disclose all facts known to the agent materially affecting the value or desirability of the property that are not known to, or within the diligent attention and observation of, the parties. An agent is not obligated to reveal to either party any confidential information obtained from the other party that does not involve the affirmative duties set forth above. AGENT REPRESENTING BOTH SELLER AND BUYER A real estate agent, either acting directly or through one or more associate licensees, can legally be the agent of both the Seller and the Buyer in a transaction, but only with the knowledge and consent of both the Seller and the Buyer. In a dual agency situation, the agent has the following affirmative obligations to both the Seller and the Buyer. (a)A fiduciary duty of utmost care, integrity, honesty and loyalty in the dealings with either the Seller or the Buyer. (b)Other duties to the Seller and the Buyer as stated above in their respective sections. in representing both Seller and Buyer, the agent may not, without the express permission of the respective party, disclose to the other party that the Seller will accept a price less than the listing price or that the Buyer will pay a price greater than the price offered. The above duties of the agent in a real estate transaction do not relieve a Seller or Buyer from the responsibility to protect his or her own interests. You should carefully read all agreements to assure that they adequately express your understanding of the transaction. A real estate agent is a person qualified to advise about real estate. If legal or tax advice is desired, consult a competent professional. Throughout your real property transaction you may receive more than one disclosure form, depending upon the number of agents assisting in the transaction. The law requires each agent with whom you have more than a casual relationship to present you with this disclosure form. You should read its contents each time it is presented to you, considering the relationship between you and the real estate agent in your specific transaction. This disclosure form includes the provisions of Sections 2079.13 to 2079.24, inclusive, of the CiviI Code set forth on page 2. Read It carefully. I/WE ACKNOWLEDGE RECEPT OF A COPY OF THIS DISCLOSURE AND THE PORTIONS OF THE CIVIL CODE PRINTED ON THE BACK (OR A SEPARATE PA ▪ Buyer ❑ Seller 0 Landlord ❑ Tenant Thu City of Na ❑ Buyer ❑ Seller 0 Landlord ❑ Tenant Agent Self represented BRE Lic. # Date 7fi/ / (7 Date Real Estate Broker (Firm) By BRE LIc. # Date (Salesperson or Broker -Associate) City of National City Agency Disclosure Compliance (Civil Code §2079.14): e When the listing brokerage company also represents Buyer/Tenant: The Listing Agent shall have one AD form signed by Selier/Landlord and a different AD form signed by Buyer/Tenant. • When Seiler/Landiord and Buyer/Tenant are represented by different brokerage companies: (i) the Listing Agent shall have one AD form signed by Seller/Landlord and (i) the Buyers/Tenant's Agent shall have one AD form signed try Buyer/Tenant and either that same or a different AD form presented to Seller/Landlord for signature prior to presentation of the offer. If the same form is used, Seller may sign here: Seller/Landlord Isfahan Inc. Date Seller/Landlord Date The copyright laws of the United States (Title 17 U.S. Code) forbid the unauthorized reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. Copyright ® 1991-2010, CALIFORNIA ASSOCIATION OF REALTORS®, INC. ALL RIGHTS RESERVED. AD REVISED 12114 (PAGE 1 OF 2) Reviewed by Date DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PASSE 1 OF 2) eptuu xoum'a Premier Realty, 1135 Garnet Ave. 515 San Diego, CA 92109 Phone: 858-490-0000 Fax: 619-233-3333 Roberi Nourani Produced with 2!pFonn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 8' w,zioI unix corn The City of San 194 of 350 Attachment No. 1 CIVIL CODE SECTIONS 2079.24 (2079.16 APPEARS Oil THE FRONT) 2079.13 As used in Sections 2079.14 to 2079.24, inclusive, the following terms have the following meanings: (a) "Agent' means a person acting under provisions of Title 9 (commencing with Section 2295) in a real property transaction, and includes a person who is licensed as a real estate broker under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code, and under whose license a listing is executed or an offer to purchase is obtained. (b) "Associate licensee' means a person who is licensed as a real estate broker or salesperson under Chapter 3 (commencing with Section 10130) of Part 1 of Division 4 of the Business and Professions Code and who is either licensed under a broker or has entered into a written contract with a broker to act as the broker's agent in connection with acts requiring a real estate license and to function under the broker's supervision in the capacity of an associate licensee. The agent in the real property transaction bears responsibility for his nr her associate licensees who perform ea agents of the agent. When an associate licensee owes a duty to any principal, or to any buyer or seller who is not a principal, in a real property transaction, that duty is equivalent to the duty owed to that party by the broker for whom the associate licensee functions. (c) °Buyer" means a transferee in a real property transaction, and includes a person who executes an offer to purchase real property from a seller through an agent, or who seeks the services of an agent in more than a casual, transitory, or preliminary manner, with the object of entering into a real property transaction. "Buyer" includes vendee or lessee. (d) "Commercial real property" means all real property in the state, except single-family residential real property, dwelling units made subject to Chapter 2 (commencing with Section 1940) of Title 5, mobilehomes, as defined in Section 798.3, or recreational vehicles, as defined in Section 799.29. (e) "Dual agent" means an agent acting, either directly or through an associate licensee, as agent for both the seller and the buyer in a real property transaction, (f) "Listing agreement' means a contract between an owner of real property and an agent, by which the agent has been authorized to sell the real property or to find or obtain a buyer. (g) "Listing agent means a person who has obtained a listing of real property to act as an agent for compensation. (h) "Listing price" is the amount expressed in dollars specified in the listing for which the seller is willing to sell the real property through the fisting agent. (I) "Offering price" is the amount expressed in dollars specified in an offer to purchase for which the buyer is willing to buy the real property. (J) 'Offer to purchase" means a written contract executed by a buyer acting through a selling agent that becomes the contract for the sale of the real property upon acceptance by the seller. (k) "Real property' means any estate specified by subdivision (1) or (2) of Section 761 in property that constitutes or is improved with one to four dwelling units, any commercial real property, any leasehold in these types of property exceeding one year's duration, and mobilehomes, when offered for sale or sold through an agent pursuant to the authority contained in Section 10131,6 of the Business and Professions Code. (I) "Real property transaction° means a transaction for the sale of real property in which an agent is employed by one or more of the principals to act in that transaction, and includes a listing or an offer to purchase. (m) `Sell,' "sale," or "sold" refers to a transaction for the transfer of real property from the seller to the buyer, and includes exchanges of real property between the seller and buyer, transactions for the creation of a real property sales contract within the meaning of Section 2985, and transactions for the creation of a leasehold exceeding one year's duration. (n)'Seller" means the transferor in a real property transaction, and includes an owner who lists real property with an agent, whether or not a transfer results, or who receives an offer to purchase real property of which he or she is the owner from an agent on behalf of another, "Seller' includes both a vendor and a lessor. (o) "Selling agent" means a listing agent who acts alone, or an agent who acts in cooperation with a listing agent, and who sells or finds and obtains a buyer for the real property, or en agent who locates property for a buyer or who finds a buyer for a property for which no listing exists and presents an offer to purchase to the seller. (p) "Subagent" means a person to whom an agent delegates agency powers as provided in Article 5 (commencing with Section 2349) of Chapter 1 of Tide 9. However, 'subagent' does not include an associate licensee who is acting under the supervision of an agent in a real property transaction. 2079.14 Listing agents and selling agents shall provide the seller and buyer in a real property transaction with a copy of the disclosure form specified in Section 2079.16, and, except as provided in subdivision (c), shall obtain a signed acknowledgement of receipt from that seller or buyer, except as provided in this section or Section 2079.15, as follows: (a) The listing agent, if any, shall provide the disclosure form to the seller prior 10 entering into the listing agreement. (b) The selling agent shall provide the disclosure torm to the seller as soon as practicable prior to presenting the seller with an offer to purchase, unless the selling agent previously provided the seller with a copy of the disclosure form pursuant to subdivision (a). (c) Where the selling agent does not deal on a face-to-face basis with the seller, the disclosure form prepared by the selling agent may be furnished to the seller (and acknowledgement of receipt obtained for the seising agent from the seller) by the listing agent, or the selling agent may deliver the disclosure form by certified mass addressed to the seller at his or her last known address, in which case no signed acknowledgement of receipt is required. (d) The selling agent shalt provide the disclosure form to the buyer as soon as practicable prior to execution of the buyer's offer to purchase, except that if the offer to purchase is not prepared by the selling agent, the selling agent shall present the disclosure form to the buyer not later than the next business day after the selling agent receives the offer to purchase from the buyer. 2079.15 In any circumstance in which the seller or buyer refuses to sign an acknowledgement of receipt pursuant to Section 2079.14, the agent, or an associate licensee acting for an agent, shall set forth, sign, and date a written declaration of the facts of the refusal. 2079.16 Reproduced on Page 1 of this AD form. 2079.17 (a) As soon as predicable, the selling agent shall disclose to the buyer and seller whether the selling agent is acting in the real property transaction exclusively as the buyer's agent, exdusively as the seller's agent, or as a dual agent representing both the buyer and the seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller, the buyer, and the selling agent prior to or coincident with execution of that contract by the buyer and the seller, respectively. (b) As soon as practicable, the listing agent shall disclose to the seller whether the listing agent is acting in the real property transaction exclusively as the seller's agent, or as a dual agent representing both the buyer and seller. This relationship shall be confirmed in the contract to purchase and sell real property or in a separate writing executed or acknowledged by the seller and the listing agent prior to or coincident with the execution of that contract by the seder. (e) The confirmation required by subdivisions (a) and (b) shall be in the following form. (DO NOT COMPLETE. SAMPLE ONLY) is the agent of (check one): ❑ the seller exclusively; or ❑ both the buyer and seller. (Name of Listing Agent) is the agent of (check one): ❑ the buyer exclusive or ❑ {DO NOT COMPLETE, SAMPLE ONLY) exclusively; the seller exclusively; or (Name of Selling Agent if not the same as the Listing Agent) D both the buyer and seller. (d) The disclosures and confirmation required by this section shall be in addition to the disclosure required by Section 2079.14. 2079.18 No selling agent in a real property transaction may act as an agent for the buyer only, when the selling agent is also acting as the listing agent in the transaction. 2079.19 The payment of compensation or the obligation to pay compensation to an agent by the seller or buyer is not necessarily determinative of a particular agency relationship between an agent and the seller or buyer. A listing agent and a selling agent may agree to share any compensation or commission paid, or any right to any compensation or commission for which an obligation arises as the resuh of a real estate transaction, and the terms of any such agreement shall not necessarily be determinative of a particular relationship. 2079.20 Nothing in this article prevents an agent from selecting, as a condition of the agent's employment, a specific form of agency relationship not specifically prohibited by this article if the requirements of Section 2079.14 and Section 2079.17 are complied with. 2079.21 A dual agent shall not disclose to the buyer that the seller is willing to selt the property at a price less than the listing price, without the express written consent of the seller. A dual agent shall not disclose to the seller that the buyer is willing to pay a price greater than the offering price, without the express written consent of the buyer. This section does not alter in any way the duty or responsibility of a duel agent to any principal with respect to confidential information other than price. 2079.22 Nothing in this article precludes a listing agent from also being a selling agent, and the combination of these functions in one agent does not, of itself, make that agent a dual agent 2079.23 A contract between the principal and agent may be modified or altered to change the agency relationship at any time before the performance of the act which is the object of the agency with the written consent of the parties to the agency relationship. 2079.24 Nothing in this article shall be construed to either diminish the duty of disclosure owed buyers and sellers by agents and their associate licensees, subagents, and employees or to relieve agents and their associate licensees, subagents, and employees from liability for their conduct in connection with acts govemed by this article or for any breach of a fiduciary duty or a duty of disclosure. Published end Dishibuted by REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association of REALTORS® I n525 South Virgil Avenue, Los Angeles, California 90020 AD REVISED 12/14 (PAGE 2 OF 2) DISCLOSURE REGARDING REAL ESTATE AGENCY RELATIONSHIP (AD PAGE 2 OF 2) Produced with zipForm® by zipLogix 18070 Fifteen Mae Road, Fraser, Michigan 48026 wa e.zlaL oglx.corn The City of San 4F epic "oiew 195 of 350 Attachment No. 1 4-4S CALIFORNIA POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER A S S O C I A T I O N OR SELLER - DISCLOSURE AND CONSENT ♦I' OF REALTORS® (C.A.R. Form PRBS, 11/14) A real estate broker (Broker), whether a corporation, partnership or sole proprietorship, may represent more than one buyer or seller. This multiple representation can occur through an individual licensed as a broker or salesperson or through different individual broker's or salespersons (associate licensees) acting under the Broker's license. The associate licensees may be working out of the same or different office locations. Multiple Buyers: Broker (individually or through its associate licensees) may be working with many prospective buyers at the same time. These prospective buyers may have an interest in, and make offers on, the same properties. Some of these properties may be listed with Broker and some may not. Broker will not limit or restrict any particular buyer from making an offer on any particular property whether or not Broker represents other buyers interested in the same property. Multiple Sellers: Broker (individually or through its associate licensees) may have listings on many properties at the same time. As a result, Broker will attempt to find buyers for each of those listed properties. Some listed properties may appeal to the same prospective buyers. Some properties may attract more prospective buyers than others. Some of these prospective buyers may be represented by Broker and some may not. Broker will market all listed properties to all prospective buyers whether or not Broker has another or other listed properties that may appeal to the same prospective buyers. Dual Agency: If Seller is represented by Broker, Seller acknowledges that broker may represent prospective buyers of Seller's property and consents to Broker acting as a dual agent for both seller and buyer in that transaction. If Buyer is represented by Broker, buyer acknowledges that Broker may represent sellers of property that Buyer is interested in acquiring and consents to Broker acting as a dual agent for both buyer and seller with regard to that property. In the event of dual agency, seller and buyer agree that: (a) Broker, without the prior written consent of the Buyer, will not disclose to seller that the Buyer is willing to pay a price greater than the offered price; (b) Broker, without the prior written consent of the seller, will not disclose to the buyer that seller is willing to sell property at a price Tess than the listing price; and (c) other than as set forth in (a) and (b) above, a dual agent is obligated to disclose known facts materially affecting the value or desirability of the property to both parties. Offers not necessarily confidential: Buyer is advised that seller or listing agent may disclose the existence, terms, or conditions of buyer's offer unless all parties and their agent have signed a written confidentiality agreement. Whether any such information is actually disclosed depends on many factors, such as current market conditions, the prevailing practice in the real estate community, the listing agent's marketing strategy and the instructions of the seller. Buyer and seller understand that Broker may represent more than one buyer or more than one seller and even both buyer and seller on the same transaction and consents to such relationships. Seller and/or Buyer acknowledges reading and understanding this Possible Representation of More Than One Buyer or Seller - Disclosure and Consent and agrees to the agency possibilities disclosed. Seller Seller Buyer Buyer Broker Real Estat Premier Realty By Bob Nourani Isfahan Inc. Date 07/05/2017 Date The City of National City Date 7/f/ fr7 Date CaIBRE Lic # 01425679 Date 07/05/2017 CaIBRE Lic # 01350632 Date 07/05/2017 Rea; Estate Broker (Firm) Self represented CaIBRE Lic # By CalBRE Lic # City of National City Date Date ® 2014, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION i5 MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from the California Association of REALTORS®. It is not intended to identify the user as a REALTORS. REALTORS is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to Its Code of Ethics. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the CaPfomia Association of REALTORS® e 525 South Virgil Avenue, Los Angeles, Califomia 90020 PRBS 1 1I14 (PAGE 1 OF 1) POSSIBLE REPRESENTATION OF MORE THAN ONE BUYER OR SELLER (PRBS PAGE 1 OF 1) Reviewed by Date 142:1U19.0 owmnaram Premier Realty, 1135 Garnet Ave. #15 San Diego, CA 92109 Phone: 858-490-0000 Fax: 619-233-3333 Robert Nouranl Produced with zlpForm® by zipLoglx 18070 Fifteen Mlle Road, Fraser, Michigan 48028 waw.zipLogix.com The Ctty of San 196 of 350 Attachment No. 1 tilkCALIFORNIA ASSOCIATION _iv OF REALTORS® WIRE FRAUD ADVISORY (C.A.R. Form WFA, 6116) Property Address: 420 W 21st Street, San Diego, CA 91950 ("Property"). WIRE FRAUD ADVfiSORY: The ability to communicate and conduct business electronically is a convenience and reality in nearly all parts of our lives. At the same time, it has provided hackers and scammers new opportunities for their criminal activity. Many businesses have been victimized and the real estate business is no exception. While wiring funds is a welcome convenience, buyers and sellers need to exercise extreme caution. Emails attempting to induce fraudulent wire transfers have been received and have appeared to be legitimate. Reports indicate that some hackers have been able to intercept emailed wire transfer instructions, obtain account information and, by altering some of the data, redirect the funds to a different account. It also appears that some hackers were able to provide false phone numbers for verifying the wiring instructions. In those cases, the buyers called the number provided, to confirm the instructions, and then unwittingly authorized a transfer to somewhere other than escrow. Sellers have also had their sales proceeds taken through similar schemes. ACCORDINGLY, BUYERS AND SELLERS ARE ADVISED: 1. Obtain the phone number of the Escrow Officer at the beginning of the transaction. 2. DO NOT EVER WIRE FUNDS PRIOR TO CALLING YOUR ESCROW OFFICER TO CONFIRM WIRE INSTRUCTIONS. ONLY USE A PHONE NUMBER YOU WERE PROVIDED PREVIOUSLY. Do not use any different phone number included in the emailed wire transfer instructions. 3.Orally confirm the wire transfer instruction is legitimate and confirm the bank routing iruliiber, account numbers and other cadres before taking steps to transfer the funds. 4.Avoid sending personal information in emalis or texts. Provide such information in person or over the telephone directly to the Escrow Officer. 5. Take steps to secure the system you are using with your email account. These steps include creating strong passwords, using secure WiFi, and not using free services. If you believe you have received questionable or suspicious wire instructions, immediately notify your bank, the Escrow Holder and your real estate agent. The sources below, as well as others, can also provide information: Federal Bureau of Investigation: https://www.fbi.gov/ National White Collar Crime Center: http://www.nw3c.org/ On Guard Online: https://www.onguardonline.gov/ By signing below, the undersigned acknowledge that each has read, understands and has received a copy of thi _ ire F. and Advis pry. Buyer Seller Seller The City of National CityDate Date Isfahan Inc. Date Date /aa /o ® 2016, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (C.A.R.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. This form is made available to real estate professionals through an agreement with or purchase from C.A.R. It is not intended to identify the user as a REALTOR®, REALTOR® is a registered collective membership mark which may be used only by members of the NATIONAL ASSOCIATION OF REALTORS® who subscribe to Its Code of Ethics. Published and Distributed by: ES REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the California Association ofREALTORS® .525 South Virgil Avenue, Los Angeles, California 90020 WFA 6116 (PAGE 1 OF 1) Reviewed by WIRE FRAUD ADVISORY (WFA PAGE 1 OF 1) EQUAL wets t OPPOaNN1Y Premier Realty, 1135 Garnet Ave. #15 San Diego, CA 92109 Phone: 858-490-0000 Fax: 619-233-3333 Robert Nouraoi Produced with zlpFonn® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zloLoelx.corn The City of San 197 of 350 Attachment No. 1 4-4111k CALIFORNIA ilk ASSOCIATION gyp OF REALTORS® RESIDENTIAL PURCHASE AGREEMENT AND JOINT ESCROW INSTRUCTIONS (C.A.R. Form RPA-CA, Revised 12/15 ) Date Prepared: 07/05/2017 1. OFFER: A. THIS IS AN OFFER FROM The City of National City ("Buyer"). B. THE REAL PROPERTY to be acquired is 420 W 21st Street~ San Diego, CA 91950 , situated in San Diego (City), San Diego (County), Cal'sfomia, 91950 (Zip Code), Assessor's Parcel No. 559-125-1600 ("Properly"). C. THE PURCHASE PRICE offered is Three Hundred Fifty --Five Thousand Dollars $ 355,000.00 D. CLOSE OF ESCROW shah occur on © August 4, 2017 (date)(or❑ Days After Acceptance). E. Buyer and Seller are referred to herein as the "Parties." Brokers are not Parties to this Agreement. 2. AGENCY: A. DISCLOSURE: The Parties each acknowledge receipt of a © "Disclosure Regarding Real Estate Agency Relationships" (C.A.R. Form AD). B. CONFIRMATION: The following agency relationships are hereby confirmed for this transaction: Listing Agent Premier Realty (Print Firm Name) is the agent of (check one): the Seller exclusively; or ❑ both the Buyer and Seller. Selling Agent Self represented (Print Firm Name) (if not the same as the Listing Agent) is the agent of (check one): U the Buyer exclusively; or U the Seller exclusively; or L] both the Buyer and Seller. C. POTENTIALLY COMPETING BUYERS AND SELLERS: The Parties each acknowledge receipt of a © "Possible Representation of More than One Buyer or Seller - Disclosure and Consent' (C.A.R. Fomi PRBS). 3. FINANCE TERMS: Buyer represents that funds will be good when deposited with Escrow Holder. A. INITIAL DEPOSIT: Deposit shall be in the amount of $ 1,000.00 (1) Buyer Direct Deposit: Buyer shall deliver deposit directly to Escrow Holder by electronic funds transfer, ❑ cashier's check, ❑ personal check, [other within 3 business days after Acceptance (or ); OR (2) ❑ Buyer Deposit with Agent: Buyer has given the deposit by personal check (or to the agent submitting the offer (or to ), made payable to . The deposit shall be held uncashed until Acceptance and then deposited with Escrow Holder within 3 business days after Acceptance (or ), Deposit checks given to agent shall be an original signed check and not a copy. (Note: Initial and increased deposits checks received by agent shall be recorded in Broker's trust fund log.) B. INCREASED DEPOSIT: Buyer shall deposit with Escrow Holder an increased deposit in the amount of $ within Days After Acceptance (or ). If the Parties agree to liquidated damages in this Agreement, they also agree to incorporate the increased deposit into the liquidated damages amount in a separate liquidated damages clause (C.A.R, Form RID) at the time the increased deposit is delivered to Escrow Holder. C. ® ALL CASH OFFER: No loan is needed to purchase the Property. This offer is NOT contingent on Buyer obtaining a loan. Written verification of sufficient funds to close this transaction IS ATTACHED to this offer or ❑ Buyer shall, within 3 (or ) Days After Acceptance, Deliver to Seller such verification. D. LOAN(S): (1) FIRST LOAN: in the amount of $ This loan will be conventional financing or ❑ FHA, ❑ VA, ❑ Seller financing (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form AFA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (2) ❑ SECOND LOAN in the amount of This loan will be conventional financing or ❑ Seller financing (C.A.R. Form SFA), ❑ assumed financing (C.A.R. Form AFA), ❑ Other . This loan shall be at a fixed rate not to exceed % or, ❑ an adjustable rate loan with initial rate not to exceed %. Regardless of the type of loan, Buyer shall pay points not to exceed % of the loan amount. (3) FHANA: For any FHA or VA loan specified in 3D(1), Buyer has 17 (or ) Days After Acceptance to Deliver to Seller written notice (CAR. Fomi FVA) of any lender -required repairs or costs that Buyer requests Seller to pay for or otherwise correct. Seiler has no obligation to pay or satisfy lender requirements unless agreed in writing. A FHANA amendatory clause (CAR. Form FVAC) shall be a part of this Agreement. E. ADDITIONAL FINANCING TERMS: F. BALANCE OF DOWN PAYMENT OR PURCHASE PRICE in the amount of $ to be deposited with Escrow Holder pursuant to Escrow Holder instructions. G. PURCHASE PRICE (TOTAL). $ Buyer's Initials ( ) ( ® 1991-2015, California Associatlon of REALTORS®, Inc. RPA-CA REVISED 't2115 (PAGE 1 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 1 OF 10) Seller's Initials 354,000.00 355,000.00 ERW.H3U5INI Premier Realty, 1135 Garnet Ave. 615 San Diego, CA 92109 Phone: 858-490-0000 Fax: 619-233-3333 Robert Nourani Produced with zipForrn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLogix corm The City of San 198 of 350 Attachment No. 1 Property Address: 420 W 21st Street, San Diego, CA 91950 Date: July 5, 2017 H. VERIFICATION OF DOWN PAYMENT AND CLOSING COSTS: Buyer (or Buyer's lender or loan broker pursuant to paragraph 3J(1)) shall, within 3 (or ) Days After Acceptance, Deliver to Seller written verification of Buyer's down payment and closing costs. ( Verification attached.) 1. APPRAISAL CONTINGENCY AND REMOVAL: This Agreement is (or ❑ is NOT) contingent upon a written appraisal of the Property by a licensed or certified appraiser at no less than the purchase price. Buyer shall, as specified in paragraph 14B(3), in w; •iting, remove the appraisal contingency or cancel this Agreement within 17 (or ) Days After Acceptance. J. LOAN TERMS: (1) LOAN APPLICATIONS: Within 3 (or _) Days After Acceptance, Buyer shall Deliver to Seller a letter from Buyer's lender or loan broker stating that, based on a review of Buyer's written application and credit report, Buyer is prequalified or preapproved for any NEW loan specified in paragraph 3D. If any loan specified in paragraph 3D is an adjustable rate loan, the prequalification or preapproval letter shall be based on the qualifying rate, not the initial loan rate. ( Letter attached.) (2) LOAN CONTINGENCY: Buyer shall act diligently and in good faith to obtain the designated loan(s). Buyer's qualification for the loan(s) specified above is a contingency of this Agreement unless otherwise agreed in writing. If there is no appraisal contingency or the appraisal contingency has been waived or removed, then failure of the Property to appraise at the purchase price does not entitle Buyer to exercise the cancellation right pursuant to the loan contingency if Buyer is otherwise qualified for the specified loan. Buyer's contractual obligations regarding deposit, balance of down payment and closing costs are not contingencies of this Agreement. (3) LOAN CONTINGENCY REMOVAL: Within 21 (or ) Days After Acceptance, Buyer shall, as specified in paragraph 14, in writing, remove the loan contingency or cancel this Agreement. If there is an appraisal contingency, removal of the loan contingency shall not be deemed removal of the appraisal contingency. (4) ❑ NO LOAN CONTINGENCY: Obtaining any loan specified above is NOT a contingency of this Agreement. If Buyer does not obtain the loan and as a result does not purchase the Property, Seller may be entitled to Buyer's deposit or other legal remedies. (5) LENDER LIMITS ON BUYER CREDITS: Any credit to Buyer, from any source, for closing or other costs that is agreed to by the Parties (`Contractual Credit°) shall be disclosed to Buyer's lender. If the total credit allowed by Buyer's lender ("Lender Allowable Credit") is less than the Contractual Credit, then (i) the Contractual Credit shall be reduced to the Lender Allowable Credit, and (ii) in the absence of a separate written agreement between the Parties, there shall be no automatic adjustment to the purchase price to make up for the difference between the Contractual Credit and the Lender Allowable Credit. K. BUYER STATED FINANCING: Seller is relying on Buyers representation of the type of financing specified (including but not limited to, as applicable, all cash, amount of down payment, or contingent or non -contingent loan). Seller has agreed to a specific closing date, purchase price and to sell to Buyer in reliance on Buyer's covenant concerning financing. Buyer shall pursue the financing specified in this Agreement. Seller has no obligation to cooperate with Buyer's efforts to obtain any financing other than that specified in the Agreement and the availability of any such alternate financing does not excuse Buyer from the obligation to purchase the Property and close escrow as specified in this Agreement. 4. SALE OF BUYER'S PROPERTY: A. This Agreement and Buyer's ability to obtain financing are NOT contingent upon the sale of any property owned by Buyer. OR B. ❑ This Agreement and Buyer's ability to obtain financing are contingent upon the sale of property owned by Buyer as specified in the attached addendum (C.A.R. Form COP). 5. ADDENDA AND ADVISORIES: A. ADDENDA: Back Up Offer Addendum (C.A.R. Form BUO) p perty Short Sale Addendum (C.A.R. Form SSA) Se tic Weil and Pro n SWPI) Addendum # C.A.R. Form ADM Court Confirmation Addendum C.A.R. Form CCA Monument Addendum C.A.R. Form Other B. BUYER AND SELLER ADVISORIES: Probate Advisory (C.A.R. Form PA) Trust Advisory (C.A.R. Form TA) Short Sale Information and Advisory (C.A.R. Form SSIA) X X Buyer's Inspection Advisory (C.A.R. Form BIA) Statewide Buyer and Seller Advisory (C.A.R. Form SBSA REO Advisory (C.A.R. Form REO) Other 6. OTHER TERMS: The subject property is sold AS 1S with no warranty, no guarantee or repair from the seller. The close of escrow is contingent upon the approval of this contract by the City Council of the City of National City. 7. ALLOCATION OF COSTS A. INSPECTIONS, REPORTS AND CERTIFICATES: Unless otherwise agreed in writing, this paragraph only determines who is to pay for the inspection, test, certificate or service ("Report") mentioned; it does not determine who is to pay for any work recommended or identified in the Report. (1) ❑ Buyer © Seller shall pay for a natural hazard zone disclosure report, including tax I environmental ❑ Other: prepared by Buyer's Choice (2) U Buyer U Seller shall pay for the following Report repared b (3) Buyer Seller shall pay for the following Report prepared by Buyer's Initials ( ) ( ) Seller's Initials ( ) RPA-CA REVISED 1`2115 (PAGE 2 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 2 OF 10) Produced with zipFarrne by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 }yww ziol ooix com The City of 8aa owuaruwrn 199 of 350 Attachment No. 1 Property Address: 420 W 21st Street, San Diego, CA 91950 Date: July 5, 2017 B. GOVERNMENT REQUIREMENTS AND RETROFIT: (1) ❑ Buyer il Seller shall pay for smoke alarm and carbon monoxide device installation and water heater bracing, if required by Law. Prior to Close Of Escrow ("COE"), Seller shall provide Buyer written statement(s) of compliance in accordance with state and local Law, unless Seller is exempt. (2) (i) ❑ Buyer ❑ Seller shall pay the cost of compliance with any other minimum mandatory government inspections and reports if r uired as a condition of closing escrow under any Law. (ii) I1 Buyer ❑ Seller shall pay the cost of compliance with any other minimum mandatory government retrofit standards required as a condition of closing escrow under any Law, whether the work is required to be completed before or after COE. (iii) Buyer shall be provided, within the time specified in paragraph 14A, a copy of any required government conducted or point -of -sale inspection report prepared pursuant to this Agreement or in anticipation of this sale of the Property. C. ESCROW AND TfTLE: (1) (a) © Buyer © Seller shall pay escrow fee 50/50 (b) Escrow Holder shall be Escrow Concepts (c) The Parties shall, within 5 (or ) Days After receipt, sign and return Escrow Holder's general provisions. (2) (a) ❑ Buyer © Seller shall pay for owner's title insurance policy specified in paragraph 13E (b) Owner's title policy to be issued by Stewart Title (Buyer sha I pay for any title insurance policy insuring Buyer's fender, unless otherwise agreed in writing.) D. OTHER COSTS: (1) Buyer X Seller shall pay County transfer tax or fee (2) Buyer X Seller shall pay City transfer tax or fee (3) Buyer _ Seller shall pay Homeowners' Association (°HOA") transfer fee (4) Seller shall pay HOA fees for preparing documents required to be delivered by Civil Code §4525. (5) ❑ Buyer ❑ Seller shall pay HOA fees for preparing all documents other than those required by Civil Code §4525. (6) Buyer to pay for any HOA certification fee. (7) — Buyer x Seller shall pay for any private transfer fee If any (8) Buyer — Seller shall pay for (9) ^ Buyer Seller shall pay for (10) _ Buyer 1f Seller shall pay for the cost, not to exceed $ of a standard (or Li upgraded) one-year home warranty plan, issued by , with the fo lowing optional coverages: ❑ Air Conditioner ❑ PooVSpa 11 Other. • Buyer is informed that home warranty plans have many optional coverages in addition to those listed above. Buyer is advised to investigate these coverages to determine those that may be suitable for Buyer. OR Buyer waives the purchase of a home warranty plan. Nothing In this paragraph precludes Buyer's purchasing a home warranty plan during the term of this Agreement. 8. ITEMS INCLUDED IN AND EXCLUDED FROM SALE: A. NOTE TO BUYER AND SELLER: Items listed as included or excluded in the MLS, flyers or marketing materials are not included in the purchase price or excluded from the sale unless specified in paragraph 8 B or C. B. ITEMS INCLUDED IN SALE: Except as otherwise specified or disclosed, (1) All EXISTING fixtures and fittings that are attached to the Property; (2) EXISTING electrical, mechanical, lighting, plumbing and heating fixtures, ceiling fans, fireplace inserts, gas logs and grates, solar power systems, built-in appliances, window and door screens, awnings, shutters, window coverings, attached floor coverings, television antennas, satellite dishes, air coolers/conditioners, pool/spa equipment, garage door openers/remote controls, mailbox, in -ground landscaping, trees/shrubs, water features and fountains, water softeners, water purifiers, security systems/alarms and the following if checked: v, all stove(s), except ; © all refrigerator(s) except ; all washer(s) and dryer(s), except ; (3) The following additional items: (4) Existing integrated phone and home automation systems, including necessary components such as intranet and Internet - connected hardware or devices, control units (other than non -dedicated mobile devices, electronics and computers) and applicable software, permissions, passwords, codes and access information, are (❑ are NOT) included in the sale. (5) LEASED OR LIENED ITEMS AND SYSTEMS: Seller shall, within the time specified in paragraph 14A, (i) disclose to Buyer if any item or system specified in paragraph 8B or otherwise included in the sale is leased, or not owned by Seller, or specifically subject to a lien or other encumbrance, and (ii) Deliver to Buyer all written materials (such as lease, warranty, etc.) concerning any such item. Buyer's ability to assume any such lease, or willingness to accept the Property subject to any such lien or encumbrance, is a contingency in favor of Buyer and Seller as specified in paragraph 14B and C. (6) Seller represents that all items included in the purchase price, unless otherwise specified, (i) are owned by Seller and shall be transferred free and clear of liens and encumbrances, except the items and systems identified pursuant to 8B(5) and , and (ii) are transferred without Seller warranty regardless of value. C. ITEMS EXCLUDED FROM SALE: Unless otherwise specified, the following items are excluded from sale: (i) audio and video components (such as flat screen TVs, speakers and other items) if any such item is not itself attached to the Property, even if a bracket or other mechanism attached to the component or item is attached to the Property; (ii) furniture and other items secured to the Property for earthquake purposes; and (ill) . Brackets attached to was, floors or ceilings for any such component, furniture or Item shall re in with the Property (or ❑ will be removed and holes or other damage shall be repaired, but not painted). Buyer's Initials ( ) ( ) Seller's Inil1als ( ) ( RPA-CA REVISE 2/15 (PAGE 3 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 3 OF 10) Produced With zipForrn® by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 tyww.zipLocix.we The City of San MIAMI 200 of 350 Attachment No. 1 Property Address: 420 W 21st Street, San Diego, CA 91950 Date: July 5, 2017 9. CLOSING AND POSSESSION: A. Buyer intends (or ❑ does not intend) to occupy the Property as Buyer's primary residence. B. Seller -occupied or vacant property: Possession shall be delivered to Buyer: (i) at 6 PM or ( ❑ AM/0 PM) on the date of Close Of Escrow; (ii) ❑ no later than calendar days after Close Of Escrow; or (ii!) ❑ at ❑ AM! ❑ PM on C. Seller remaining in possession After Close Of Escrow: If Seller has the right to remain in possession after Close Of Escrow, (I) the Parties are advised to sign a separate occupancy agreement such as ❑ CAR. Form SIP, for Seller continued occupancy of less than 30 days, D C.A.R. Form RLAS for Seller continued occupancy of 30 days or more; and (ii) the Parties are advised to consult with their insurance and legal advisors for information about liability and damage or injury to persons and personal and real property; and (iii) Buyer is advised to consult with Buyer's lender about the impact of Seller's occupancy on Buyer's loan. D. Tenant -occupied property: Property shall be vacant at least 5 (or _) Days Prior to Close Of Escrow, unless otherwise agreed in writing. Note to Seller: If you are unable to deliver Property vacant in accordance with rent control and other applicable Law, ou may be in breach of this Agreement. OR Tenant to remain in possession (C.A.R. Form TIP). E. At Close Of Escrow: Seller assigns to Buyer any assignable warranty rights for items included in the sale; and Seller shall Deliver to Buyer available Copies of any such warranties. Brokers cannot and will not determine the assignability of any warranties. F. At Close Of Escrow, unless otherwise agreed in writing, Seller shall provide keys, passwords, codes andlor means to operate all locks, mailboxes, security systems, alarms, home automation systems and Intranet and Intemet-connected devices included in the purchase price, and garage door openers. If the Property is a condominium or located in a common interest subdivision, Buyer may be required to pay a deposit to the Homeowners' Association ("HOA") to obtain keys to accessible HOA facilities. 10. STATUTORY AND OTHER DISCLOSURES (INCLUDING LEAD -BASED PAINT HAZARD DISCLOSURES) AND CANCELLATION RIGHTS: A. (1) Seller shall, within the time specified in paragraph 14A, Deliver to Buyer. (!) if required by Law, a fully completed: Federal Lead - Based Paint Disclosures (CAR. Form FLD) and pamphlet ("Lead Disclosures"); and (II) unless exempt, fully completed disclosures or notices required by sections 1102 et. seq. and 1103 et. seq. of the Civil Code ("Statutory Disclosures"). Statutory Disclosures include, but are not limited to, a Real Estate Transfer Disclosure Statement ("TDS"), Natural Hazard Disclosure Statement ("NHD"), notice or actual knowledge of release of illegal controlled substance, notice of special tax andlor assessments (or, if allowed, substantially equivalent notice regarding the Mello -Roos Community Facilities Act of 1982 and Improvement Bond Act of 1915) and, if Seller has actual knowledge, of industrial use and military ordnance location (C.A.R. Form SPQ or ESD). (2) Any Statutory Disclosure required by this paragraph is considered fully completed if Seller has answered all questions and completed and signed the Seller section(s) and the Listing Agent, if any, has completed and signed the Listing Broker section(s), or, if applicable, an Agent Visual Inspection Disclosure (C.A.R. Form AVID). Nothing stated herein relieves a Buyer's Broker, if any, from the obligation to (!) conduct a reasonably competent and diligent visual inspection of the accessible areas of the Property and disclose, on Section IV of the TDS, or an AVID, material facts affecting the value or desirability of the Property that were or should have been revealed by such an inspection or (!!) complete any sections on all disclosures required to be completed by Buyer's Broker. (3) Note to Buyer and Seller: Waiver of Statutory and Lead Disclosures is prohibited by Law. (4) Within the time specified in paragraph 14A, (i) Seller, unless exempt from the obligation to provide a TDS, shall, complete and provide Buyer with a Seller Property Questionnaire (CAR. Form SPQ); (ii) if Seller is not required to provide a TDS, Seller shall complete and provide Buyer with an Exempt Seller Disclosure (C.A.R. Form ESD). (5) Buyer shall, within the time specified in paragraph 14B(1), return Signed Copies of the Statutory, Lead and other disclosures to Seller. (6) In the event Seller or Listing Broker, prior to Close Of Escrow, becomes aware of adverse conditions materially affecting the Property, or any material inaccuracy in disclosures, information or representations previously provided to Buyer, Seller shall promptly provide a subsequent or amended disclosure or notice, in writing, covering those items. However, a subsequent or amended disclosure shall not be required for conditions and material inaccuracies of which Buyer is otherwise aware, or which are disclosed in reports provided to or obtained by Buyer or ordered and paid for by Buyer. (7) If any disclosure or notice specified in paragraph 10A(1), or subsequent or amended disclosure or notice is Delivered to Buyer after the offer is Signed, Buyer shall have the right to cancel this Agreement within 3 Days After Delivery in person, or 5 Days After Delivery by deposit in the mail, by giving written notice of cancellation to Seller or Seller's agent. B. NATURAL AND ENVIRONMENTAL HAZARD DISCLOSURES AND OTHER BOOKLETS: Within the time specified in paragraph 14A, Seller shall, if required by Law: (i) Deliver to Buyer earthquake guide(s) (and questionnaire), environmental hazards booklet, and home energy rating pamphlet; (ii) disclose if the Property is located in a Special Flood Hazard Area; Potential Flooding (Inundation) Area; Very High Fire Hazard Zone; State Fire Responsibility Area; Earthquake Fault Zone; and Seismic Hazard Zone; and (iii) disclose any other zone as required by Law and provide any other information required for those zones. C. WITHHOLDING TAXES: Within the time specified in paragraph 14A, to avoid required withholding, Seller shall Deliver to Buyer or qualified substitute, an affidavit sufficient to comply with federal (FIRPTA) and California withholding Law (CAR. Form AS or QS). D. MEGAN'S LAW DATABASE DISCLOSURE: Notice: Pursuant to Section 290.46 of the Penal Code, information about specified registered sex offenders is made available to the public via an Internet Web site maintained by the Department of Justice at www.meganslaw.ca.gov. Depending on an offender's criminal history, this information will include either the address at which the offender resides or the community of residence and ZIP Code in which he or she resides. (Neither Seller nor Brokers are required to check this website. If Buyer wants further information, Broker recommends that Buyer obtain information from this website during Buyer's inspection contingency period. Brokers do not have expertise in this area.) E. NOTICE REGARDING GAS AND HAZARDOUS LIQUID TRANSRtiISSION PIPELINES: This notice is being provided simply to inform you that information about the general location of gas and hazardous liquid transmission pipelines is available to the public via the National Pipeline Mapping System (NPMS) Internet Web site maintained by the United States Department of Transportation at http:llwww.npms.phmsa.dot.govl. To seek further information about possible transmission pipelines near the Property, you may contact your local gas utility or other pipeline operators in the area. Contact information for pipeline operators is searchable by ZIP Code and county on the NPMS Internet Web site. F. CONDOMINIUM/PLANNED DEVELOPMENT DISCLOSURES: (1) SELLER HAS: 7 (or ) Days After Acceptance to disclose to Buyer if the Property is a condominium, or is located in a planned development or other common interest subdivision (C,A.R. Form SPQ or ESD). Buyers Initials ( ) ( ) sellers Initials RPA-CA REVISED '12/15 (PAGE 4 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 4 OF 10) Produced with zipForme by zipLagix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLoaix.cor0 }( ) The City of San 0:NAL WOIISPII 201 of 350 Attachment No. 1 Property Address: 420 W 21st Street, San Diego, CA 91950 Date: July 5, 2017 (2) If the Property is a condominium or is located in a planned development or other common interest subdivision, Seller has 3 (or ) Days After Acceptance to request from the HOA (C.A.R. Form HOA1): (I) Copies of any documents required by Law; (Ii) disclosure of any pending or anticipated claim or litigation by or against the HOA; (iii) a statement containing the location and number of designated parking and storage spaces; (Iv) Copies of the most recent 12 months of HOA minutes for regular and special meetings; and (v) the names and contact information of all HOAs governing the Property (collectively, "CI Disclosures"). (vi) private transfer fees; (vli) Pet fee restrictions; and (viii) smoking restrictions. Seller shall itemize and Deliver to Buyer all CI Disclosures received from the HOA and any CI Disclosures in Seller's possession. Buyer's approval of CI Disclosures is a contingency of this Agreement as specified in paragraph 14B(3). The Party specified in paragraph 7, as directed by escrow, shall deposit funds into escrow or direct to HOA or management company to pay for any of the above. 11. CONDITION OF PROPERTY: Unless otherwise agreed in writing: (I) the Property is sold (a) "AS -IS" in its PRESENT physical condition as of the date of Acceptance and (b) subject to Buyer's Investigation rights; (ii) the Property, including pool, spa, Landscaping and grounds, is to be maintained in substantially the same condition as on the date of Acceptance; and (Ili) all debris and personal property not included in the sale shall be removed by Close Of Escrow. A. Seller shall, within the time specified in paragraph 14A, DISCLOSE KNOWN MATERIAL FACTS AND DEFECTS affecting the Property, including known insurance claims within the past five years, and make any and all other disclosures required by law. B. Buyer has theright to conduct Buyer Investigations of the Property and, as specified in paragraph 14B, based upon information discovered in those investigations: (I) cancel this Agreement; or (ii) request that Seller make Repairs or take other action. C. Buyer is strongly advised to conduct investigations of the entire Property in order to determine its present condition. Seller may not be aware of all defects affecting the Property or other factors that Buyer considers important. Property Improvements may not be built according to code, in compliance with current Law, or have had permits Issued. 12. BUYER'S INVESTIGATION OF PROPERTY AND PATTERS AFFECTING PROPERTY: A. Buyer's acceptance of the condition of, and any other matter affecting the Property, is a contingency of this Agreement as specified in this paragraph and paragraph 14B. Within the time specified in paragraph 14B(1), Buyer shall have the right, at Buyer's expense unless otherwise agreed, to conduct inspections, investigations, tests, surveys and other studies ("Buyer Investigations"), including, but not limited to: (1) a general physical inspection; (II) an inspection specifically for wood destroying pests and organisms. Any inspection for wood destroying pests and organisms shall be prepared by a registered Structural Pest Control company; shall cover the main building and attached structures; may cover detached structures; shall NOT include water tests of shower pans on upper level units unless the owners of property below the shower consent; shall NOT include roof coverings; and, if the Property is a unit in a condominium or other common interest subdivision, the inspection shall include only the separate interest and any exclusive -use areas being transferred, and shall NOT include common areas; and shall include a report ("Pest Control Report") showing the findings of the company which shall be separated into sections for evident infestation or infections (Section 1) and for conditions likely to lead to infestation or infection (Section 2); (iii) inspect for lead -based paint and other lead -based paint hazards; (iv) satisfy Buyer as to any matter specified in the attached Buyer's Inspection Advisory (CAR. Form BIA); (v) review the registered sex offender database; (vl) confirm the insurability of Buyer and the Property including the availability and cost of flood and fire insurance; and (vii) review and seek approval of leases that may need to be assumed by Buyer. Without Seller's prior written consent, Buyer shall neither make nor cause to be made: invasive or destructive Buyer Investigations, except for minimally invasive testing required to prepare a Pest Control Report; or inspections by any govemmental building or zoning inspector or government employee, unless required by Law. B. Seller shall make the Property available for all Buyer Investigations. Buyer shall (I) as specified in paragraph 14B, complete Buyer Investigations and either remove the contingency or cancel this Agreement, and (II) give Seller, at no cost, complete Copies of all such Investigation reports obtained by Buyer, which obligation shall survive the termination of this Agreement. C. Seller shall have water, gas, electricity and all operable pilot lights on for Buyer's Investigations and through the date possession is made available to Buyer. D. Buyer indemnity and seller protection for entry upon property: Buyer shall: (I) keep the Property free and clear of liens; (ii) repair all damage arising from Buyer Investigations; and (1i!) indemnify and hold Seller harmless from all resulting liability, claims, demands, damages and costs. Buyer shall carry, or Buyer shall require anyone acting on Buyer's behalf to carry, policies of liability, workers' compensation and other applicable insurance, defending and protecting Seller from liability for any injuries to persons or property occurring during any Buyer Investigations or work done on the Property at Buyer's direction prior to Close Of Escrow. Seller is advised that certain protections may be afforded Seller by recording a "Notice of Non -Responsibility" (C.A.R. Form NNR) for Buyer Investigations and work done on the Property at Buyer's direction. Buyer's obligations under this paragraph shall survive the termination of this Agreement. 13. TITLE AND VESTING: A. Within the time specified in paragraph 14, Buyer shall be provided a current preliminary title report (°Preliminary Report"). The Preliminary Report is only an offer by the title insurer to issue a policy of title insurance and may not contain every item affecting title. Buyer's review of the Preliminary Report and any other matters which may affect title are a contingency of this Agreement as specified in paragraph 14B. The company providing the Preliminary Report shall, prior to issuing a Preliminary Report, conduct a search of the General Index for all Sellers except banks or other institutional lenders selling properties they acquired through foreclosure (REOs), corporations, and government entities. Seller shall within 7 Days After Acceptance, give Escrow Holder a completed Statement of Information. B. Title is taken in its present condition subject to all encumbrances, easements, covenants, conditions, restrictions, rights and other matters, whether of record or not, as of the date of Acceptance except for: (i) monetary liens of record (which Seller is obligated to pay off) unless Buyer is assuming those obligations or taking the Property subject to those obligations; and (II) those matters which Seller has agreed to remove in writing. C. Wthin the time specified in paragraph 14A, Seller has a duty to disclose to Buyer all matters known to Seller affecting title, whether of record or not. D. At Close Of Escrow, Buyer shall receive a grant deed conveying title (or, for stock cooperative or long-term lease, an assignment of stock certificate or of Seller's leasehold interest), including oil, mineral and water rights if currently owned by Seller. Title shall vest as designated in Buyer's supplemental escrow instructions. THE MANNER OF TAKING TITLE MAY HAVE SIGNIFICANT LEGAL AND TAX CONSEQUENCES. CONSULT AN APPROPRIATE PROFESSIONAL. Buyer's Initials RPA-CA REVIS ( ) Seller's Initials 15 (PAGE 5 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 5 OF 10) Produced with *Forme by zipLoglx 18070 Fltiean Mile Road, Fraser, Michigan 48026 www.zioLodx.com The City of Sao EQUAL Mo4SR*3 EPPLIMNITY 202 of 350 Attachment No. 1 Property Address: 420 W 21 st Street, San Diego, CA 91950 Date: July 5, 2017 E. Buyer shall receive a CLTA/ALTA "Homeowners Policy of Title Insurance", if applicable to the type of property and buyer. If not, Escrow Holder shall notify Buyer. A title company can provide information about the availability, coverage, and cost of other title policies and endorsements. If the Homeowner's Policy is not available, Buyer shall choose another policy, instruct Escrow Holder in writing and shall pay any increase in cost. 14. TIME PERIODS; REMOVAL OF CONTINGENCIES; CANCELLATION RIGHTS: The following time periods may only be extended, altered, modified or changed by mutual written agreement. Any removal of contingencies or cancellation under this paragraph by either Buyer or Seller must be exercised in good faith and In writing (C.A.R. Form CR or CC). A. SELLER HAS: 7 (or ) Days After Acceptance to Deliver to Buyer all Reports, disclosures and information for which Seller is responsible under paragraphs 5, 6, 7, 8B(5), 10A, B, C, and F, 11A and 13A. If, by the time specified, Seller has not Delivered any such item, Buyer after first Delivering to Seller a Notice to Seiler to Perform (C.A.R. Form NSP) may cancel this Agreement. B. (1) BUYER HAS: 17 (or _) Days After Acceptance, unless otherwise agreed in writing, to: (I) complete all Buyer Investigations; review all disclosures, reports, lease documents to be assumed by Buyer pursuant to paragraph 8B(5), and other applicable information, which Buyer receives from Seller; and approve all matters affecting the Property; and (ii) Deliver to Seiler Signed Copies of Statutory and Lead Disclosures and other disclosures Delivered by Seller in accordance with paragraph 10A (2) Within the time specified in paragraph 14B(1), Buyer may request that Seller make repairs or take any other action regarding the Property (CAR. Form RR). Seller has no obligation to agree to or respond to (C.A.R. Form RRRR) Buyer's requests. (3) By the end of the time specified in paragraph 14B(1) (or as otherwise specified in this Agreement), Buyer shall Deliver to Seller a removal of the applicable contingency or cancellation (CAR. Form CR or CC) of this Agreement. However, if any report, disclosure or information for which Seller is responsible is not Delivered within the time specified in paragraph 14A, then Buyer has 5 (or _ ) Days After Delivery of any such items, or the time specified in paragraph 14B(1), whichever is later, to Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement. (4) Continuation of Contingency: Even after the end of the time specified in paragraph 14B(1) and before Seiler cancels, if at all, pursuant to paragraph 14D, Buyer retains the right, in writing, to either (i) remove remaining contingencies, or (ii) cancel this Agreement based on a remaining contingency. Once Buyer's written removal of all contingencies is Delivered to Selier, Seller may not cancel this Agreement pursuant to paragraph 14D(1). (5) Access to Property: Buyer shall have access to the Property to conduct inspections and investigations for 17 (or ) Days After Acceptance, whether or not any part of the Buyer's Investigation Contingency has been waived or removed. C. ❑ REMOVAL OF CONTINGENCIES WITH OFFER: Buyer removes the contingencies specified in the attached Contingency Removal form (C.A.R. Form CR). If Buyer removes any contingency without an adequate understanding of the Property's condition or Buyer's ability to purchase, Buyer is acting against the advice of Broker. D. SELLER RIGHT TO CANCEL: (1) Seller right to Cancel; Buyer Contingencies: If, by the time specified in this Agreement, Buyer does not Deliver to Seller a removal of the applicable contingency or cancellation of this Agreement, then Seller, after first Delivering to Buyer a Notice to Buyer to Perform (CAR. Form NBP), may cancel this Agreement. In such event, Seller shall authorize the return of Buyer's deposit, except for fees incurred by Buyer. (2) Seller right to Cancel; Buyer Contract Obligations: Seller, after first delivering to Buyer a NBP, may cancel this Agreement if, by the lime specified in this Agreement, Buyer does not take the following action(s): (I) Deposit funds as required by paragraph 3A, or 3B or if the funds deposited pursuant to paragraph 3A or 3B are not good when deposited; (il) Deliver a notice of FHA or VA costs or terms as required by paragraph 3D(3) (C.A.R. Form FVA); Oil) Deliver a letter as required by paragraph 3J(1); (iv) Deliver verification, or a satisfactory verification if Seller reasonably disapproves of the verification already provided, as required by paragraph 3C or 3H; (v) In writing assume or accept leases or liens specified in 8B5; (v1) Return Statutory and Lead Disclosures as required by paragraph 10A(5); or (vil) Sign or initial a separate liquidated damages form for an increased deposit as required by paragraphs 3B and 21B; or (viii) Provide evidence of authority to sign in a representative capacity as specified in paragraph 19. In such event, Seller shall authorize the retum of Buyer's deposit, except for fees incurred by Buyer. E. NOTICE TO BUYER OR SELLER TO PERFORM: The NBP or NSP shall: (I) be in writing; (ii) be signed by the applicable Buyer or Seller; and (111) give the other Party at least 2 (or _) Days After Delivery (or until the time specified in the applicable paragraph, whichever occurs last) to take the applicable action. A NBP or NSP may not be Delivered any earlier than 2 Days Prior to the expiration of the applicable time for the other Party to remove a contingency or cancel this Agreement or meet an obligation specified in paragraph 14. F. EFFECT OF BUYER'S REMOVAL OF CONTINGENCIES: If Buyer removes, in writing, any contingency or cancellation rights, unless otherwise specified in writing, Buyer shall conclusively be deemed to have: (i) completed all Buyer Investigations, and review of reports and other applicable information and disclosures pertaining to that contingency or cancellation right; (ii) elected to proceed with the transaction; and (iii) assumed all liability, responsibility and expense for Repairs or corrections pertaining to that contingency or cancellation right, or for the inability to obtain financing. G. CLOSE OF ESCROW: Before Buyer or Seller may cancel this Agreement for failure of the other Party to close escrow pursuant to this Agreement, Buyer or Seller must first Deliver to the other Party a demand to close escrow (CAR. Form DCE). The DCE shall: (I) be signed by the applicable Buyer or Seller; and (ii) give the other Party at least 3 (or ) Days After Delivery to close escrow. A DCE may not be Delivered any earlier than 3 Days Prior to the scheduled close of escrow. H. EFFECT OF CANCELLATION ON DEPOSITS: If Buyer or Seller gives written notice of cancellation pursuant to rights duly exercised under the terms of this Agreement, the Parties agree to Sign mutual instructions to cancel the sale and escrow and release deposits, if any, to the party entitled to the funds, less fees and costs incurred by that party. Fees and costs may be payable to service providers and vendors for services and products provided during escrow. Except as specified below, release of funds will require mutual Signed release instructions from the Parties, judicial decision or arbitration award. If either Party fails to execute mutual instructions to cancel escrow, one Party may make a written demand to Escrow Holder for the deposit. (CA.R, Form BDRD or SDRD). Escrow Holder, upon receipt, shall promptly deliver notice of the demand to the other Party. If, within 10 Days After Escrow Holder's notice, the other Party does not object to the demand, Escrow Holder shall disburse the deposit to the Party making the demand. If Escrow Holder complies with the preceding process, each Party shall be deemed to have released Escrow Holder from any and all claims or liability related to the disbursal of the deposit. Escrow Holder, at its discretion, may nonetheless require mutual cancellation instructions. A Party may be subject to a civil penalty of up to $1,000 for refusal to sign cancellation instructions if no good faith dispute exists as to who Is entitled to the deposited funds (Civil Code §1057.3). Buyer's Initials ( ) ( ) Seller's Initials ( ) ( RPA-CA REVISED2!15 (PAGE 6 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 6 OF 10) Produced with zipFom* by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zipLagix.com The City of San EQUAL ICL STG nPramwrtr 203 of 350 Attachment No. 1 Property Address: 420 W 21st Street, San Diego, CA 91950 Date: July 5, 2017 15. FINAL VERIFICATION OF CONDITION: Buyer shall have the right to make a final verification of the Property within 5 (or U _ ) Days Prior to Close Of Escrow, NOT AS A CONTINGENCY OF THE SALE, but solely to confirm: (I) the Property is maintained pursuant to paragraph 11; (ii) Repairs have been completed as agreed; and (ill) Seller has complied with Seller's other obligations under this Agreement (CA.R. Form VP). 16. REPAIRS: Repairs shall be completed prior to final verification of condition unless otherwise agreed in writing. Repairs to be performed at Seller's expense may be performed by Seller or through others, provided that the work complies with applicable Law, including governmental permit, inspection and approval requirements. Repairs shall be performed in a good, skillful manner with materials of quality and appearance comparable to existing materials. It is understood that exact restoration of appearance or cosmetic items following all Repairs may not be possible. Seller shall: (I) obtain invoices and paid receipts for Repairs perforred by others; (i) prepare a written statement indicating the Repairs performed by Seller and the date of such Repairs; and (lit) provide Copies of invoices and paid receipts and statements to Buyer prior to final verification of condition. 17. PRORATIONS OF PROPERTY TAXES AND OTHER iTEMS: Unless otherwise agreed in writing, the following items shall be PAID CURRENT and prorated between Buyer and Seller as of Close Of Escrow: real property taxes and assessments, interest, rents, HOA regular, special, and emergency dues and assessments imposed prior to Close Of Escrow, premiums on insurance assumed by Buyer, payments on bonds and assessments assumed by Buyer, and payments on Mello -Roos and other Special Assessment District bonds and assessments that are now a lien. The following items shall be assumed by Buyer WITHOUT CREDIT toward the purchase price: prorated payments on Mello -Roos and other Special Assessment District bonds and assessments and HOA special assessments that are now a lien but not yet due. Property will be reassessed upon change of ownership. Any supplemental tax bills shall be paid as follows: (i) for periods after Close Of Escrow, by Buyer, and (II) for periods prior to Close Of Escrow, by Seller (see C.A.R. Form SPT or SBSA for further information). TAX BILLS ISSUED AFTER CLOSE OF ESCROW SHALL BE HANDLED DIRECTLY BETWEEN BUYER AND SELLER. Prorations shall be made based on a 30-day month. 18. BROKERS: A. COMPENSATION: Seller or Buyer, or both, as applicable, agree to pay compensation to Broker as specified in a separate written agreement between Broker and that Seiler or Buyer. Compensation is payable upon Close Of Escrow, or if escrow does not close, as otherwise specified in the agreement between Broker and that Seller or Buyer. B. SCOPE OF DUTY: Buyer and Seller acknowledge and agree that Broker: (I) Does not decide what price Buyer should pay or Seller should accept; (ii) Does not guarantee the condition of the Property; (iii) Does not guarantee the performance, adequacy or completeness of inspections, services, products or repairs provided or made by Seller or others; (iv) Does not have an obligation to conduct an inspection of common areas or areas off the site of the Property; (v) Shall not be responsible for identifying defects on the Property, in common areas, or offsite unless such defects are visually observable by an inspection of reasonably accessible areas of the Property or are known to Broker, (vi) Shall not be responsible for inspecting public records or permits concerning the title or use of Property; (vii) Shall not be responsible for identifying the location of boundary lines or other items affecting title; (vill) Shall not be responsible for verifying square footage, representations of others or information contained in Investigation reports, Multiple Listing Service, advertisements, flyers or other promotional material; (Ix) Shall not be responsible for determining the fair market value of the Property or any personal property included in the sale; (x) Shall not be responsible for providing legal or tax advice regarding any aspect of a transaction entered into by Buyer or Seller; and (xi) Shall not be responsible for providing other advice or information that exceeds the knowledge, education and experience required to perform real estate licensed activity. Buyer and Seller agree to seek legal, tax, insurance, title and other desired assistance from appropriate professionals. 19. REPRESENTATIVE CAPACITY: If one or more Parties is signing this Agreement in a representative capacity and not for him/herself as an individual then that Party shall so indicate in paragraph 31 or 32 and attach a Representative Capacity Signature Disclosure (CA.R. Form RCSD). Wherever the signature or initials of the representative identified in the RCSD appear on this Agreement or any related documents, it shall be deemed to be in a representative capacity for the entity described and not in an individual capacity, unless otherwise indicated. The Party acting in a representative capacity (i) represents that the entity for which that party is acting already exists and (ii) shall Deliver to the other Party and Escrow Holder, within 3 Days After Acceptance, evidence of authority to act in that capacity (such as but not limited to: applicable portion of the trust or Certification 0f Trust (Probate Code §18100.5), letters testamentary, court order, power of attorney, corporate resolution, or formation documents of the business entity). 20. JOINT ESCROW INSTRUCTIONS TO ESCROW HOLDER: A. The following paragraphs, or applicable portions thereof, of this Agreement constitute the joint escrow instructions of Buyer and Seller to Escrow Holder, which Escrow Holder is to use along with any related counter offers and addenda, and any additional mutual instructions to close the escrow: paragraphs 1, 3, 4B, 5A, 6, 7, 10C, 13, 14G, 17, 18A, 19, 20, 26, 29, 30, 31, 32 and paragraph D of the section titled Real Estate Brokers on page 10. If a Copy of the separate compensation agreement(s) provided for in paragraph 18A, or paragraph D of the section titled Real Estate Brokers on page 10 is deposited with Escrow Holder by Broker, Escrow Holder shall accept such agreement(s) and pay out from Buyer's or Seller's funds, or both, as applicable, the Broker's compensation provided for in such agreement(s). The terms and conditions of this Agreement not set forth in the specified paragraphs are additional matters for the information of Escrow Holder, but about which Escrow Holder need not be concerned. Buyer and Seller will receive Escrow Holder's general provisions, if any, directly from Escrow Holder and will execute such provisions within the time specified in paragraph 7C(1)(c). To the extent the general provisions are inconsistent or conflict with this Agreement, the general provisions will control as to the duties and obligations of Escrow Holder only. Buyer and Seller will execute additional instructions, documents and forms provided by Escrow Holder that are reasonably necessary to close the escrow and, as directed by Escrow Holder, within 3 (or _) Days, shall pay to Escrow Holder or HOA or HOA management company or others any fee required by paragraphs 7, 10 or elsewhere in this Agreement. B. A Copy of this Agreement including any counter offer(s) and addenda shall be delivered to Escrow Holder within 3 Days After Acceptance (or ). Buyer and Seller authorize Escrow Holder to accept and rely on Copies and Signatures as defined in this Agreement as originals, to open escrow and for other purposes of escrow. The validity of this Agreement as between Buyer and Seller is not affected by whether or when Escrow Holder Signs this Agreement. Escrow Holder shall provide Seller's Statement of Information to Title company when received from Seller. If Seller delivers an affidavit to Escrow Holder to satisfy Seller's FIRPTA obligation under paragraph 10C, Escrow Holder shall deliver to Buyer a Qualified Substitute statement that complies with federal Law. Buyer's Initials ( ) ( ) Seller's Initials ( ) ( RPA-CA REVISED 12115 (PAGE 7 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 7 OF 10) Produced with zipFome by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wow zioLogix.com The City of San 204 of 350 Attachment No. 1 Property Address: 420 W 21 st Street, San Diego, CA 91950 Date: July 5, 2017 C. Brokers are a party to the escrow for the sole purpose of compensation pursuant to paragraph 18A and paragraph D of the section titled Real Estate Brokers on page 10. Buyer and Seller irrevocably assign to Brokers compensation specified in paragraph 18A, and irrevocably instruct Escrow Holder to disburse those funds to Brokers at Close Of Escrow or pursuant to any other mutually executed cancellation agreement. Compensation instructions can be amended or revoked only with the written consent of Brokers. Buyer and Seller shall release and hold harmless Escrow Holder from any liability resulting from Escrow Holder's payment to Broker(s) of compensation pursuant to this Agreement. D. Upon receipt, Escrow Holder shall provide Seller and Seller's Broker verification of Buyer's deposit of funds pursuant to paragraph 3A and 3B. Once Escrow Holder becomes aware of any of the following, Escrow Holder shall immediately notify ail Brokers: (i) if Buyer's initial or any additional deposit or down payment is not made pursuant to this Agreement, or is not good at time of deposit with Escrow Holder; or (II) if Buyer and Seller instruct Escrow Holder to cancel escrow. E. A Copy of any amendment that affects any paragraph of this Agreement for which Escrow Holder is responsible shall be delivered to Escrow Holder within 3 Days after mutual execution of the amendment. 21. REMEDIES FOR BUYER'S BREACH OF CONTRACT: A. Any clause added by the Parties specifying a remedy (such as release or forfeiture of deposit or making a deposit non-refundable) for failure of Buyer to complete the purchase In violation of this Agreement shall be deemed invalid unless the clause independently satisfies the statutory liquidated damages requirements set forth in the Civil Code. B. LIQUIDATED DAMAGES: If Buyer fails to complete this purchase because of Buyer's default, Seller shall retain, as liquidated damages, the deposit actually paid. If the Property is a dwelling with no more than four units, one of which Buyer intends to occupy, then the amount retained shall be no more than 3% of the purchase price. Any excess shall be returned to Buyer. Except as provided in paragraph 14H, release of funds will require mutual, Signed release instructions from both Buyer and Seller, judicial decision or arbitration award. AT THE TIME OF ANY INCREASED DEPOSIT BUYER AND SELLER SHALL SIGN A SEPARATE LIQUIDATED DAMAGES PROVISION INCORPORATING THE INCREASED DEPOSIT AS LIQUIDATED DAMAGES (C.A.R. FORM RID). Buyer's Initials K 1 Seller's Initials I 22. DISPUTE RESOLUTION: A. MEDIATION: The Parties agree to mediate any dispute or claim arising between them out of this Agreement, or any resulting transaction, before resorting to arbitration or court action through the C.A.R. Real Estate Mediation Center for Consumers (www.consumermediation.org) or through any other mediation provider or service mutually agreed to by the Parties. The Parties also agree to mediate any disputes or claims with Broker(s), who, In writing, agree to such mediation prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. Mediation fees, if any, shall be divided equally among the Parties involved. If, for any dispute or claim to which this paragraph applies, any Party (i) commences an action without first attempting to resolve the matter through mediation, or (ii) before commencement of an action, refuses to mediate after a request has been made, then that Party shall not be entitled to recover attorney fees, even if they would otherwise be available to that Party in any such action. THIS MEDIATION PROVISION APPLIES WHETHER OR NOT THE ARBITRATION PROVISION IS INITIALED. Exclusions from this mediation agreement are specified in paragraph 22C. B. ARBITRATION OF DISPUTES: The Parties agree that any dispute or claim in Law or equity arising between them out of this Agreement or any resulting transaction, which is not settled through mediation, shall be decided by neutral, binding arbitration. The Parties also agree to arbitrate any disputes or claims with Broker(s), who, in writing, agree to such arbitration prior to, or within a reasonable time after, the dispute or claim is presented to the Broker. The arbitrator shall be a retired judge or justice, or an attorney with at least 5 years of residential real estate Law experience, unless the parties mutually agree to a different arbitrator. The Parties shall have the right to discovery in accordance with Code of Civil Procedure §1283.05. In ail other respects, the arbitration shall be conducted in accordance with Title 9 of Part 3 of the Code of Civil Procedure. Judgment upon the award of the arbitrator(s) may be entered into any court having jurisdiction. Enforcement of this agreement to arbitrate shall be governed by the Federal Arbitration Act. Exclusions from this arbitration agreement are specified in paragraph 22C. "NOTICE: BY INITIALING IN THE SPACE BELOW YOU ARE AGREEING TO HAVE ANY DISPUTE ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION DECIDED BY NEUTRAL ARBITRATION AS PROVIDED BY CALIFORNIA LAW AND YOU ARE GIVING UP ANY RIGHTS YOU MIGHT POSSESS TO HAVE THE DISPUTE LITIGATED IN A COURT OR JURY TRIAL. BY INITIALING IN THE SPACE BELOW YOU ARE GIVING UP YOUR JUDICIAL RIGHTS TO DISCOVERY AND APPEAL, UNLESS THOSE RIGHTS ARE SPECIFICALLY INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION. IF YOU REFUSE TO SUBMIT TO ARBITRATION AFTER AGREEING TO THIS PROVISION, YOU MAY BE COMPELLED TO ARBITRATE UNDER THE AUTHORITY OF THE CALIFORNIA CODE OF CIVIL PROCEDURE. YOUR AGREEMENT TO THIS ARBITRATION PROVISION IS VOLUNTARY." "WE HAVE READ AND UNDERSTAND THE FOREGOING AND AGREE TO SUB '• IT DISPUTES ARISING OUT OF THE MATTERS INCLUDED IN THE 'ARBITRATION OF DISPUTES' PROVISION TO NEUTRAL ARBITRATIOPL " Buyer's Initials `;'� 1 Seller's Initials 1 C. ADDITIONAL MEDIATION AND A TION TERMS: (1) EXCLUSIONS: The following matters are excluded from mediation and arbitration: (i) a judicial or non judicial foreclosure or other action or proceeding to enforce a deed of trust, mortgage or installment land sale contract as defined In Civil Code §2985; (ii) an unlawful detainer action; and (iii) any matter that is within the jurisdiction of a probate, small claims or bankruptcy court. Buyer's Initials ( ) ( ) Seller's initials ( ) ( 3 RPA-CA REVISED 12115 (PAGE 8 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 8 OF 10) Produced with zipForme by zrpLogix 18070 Fifteen Mike Road, Fraser, Michigan 48026 www.zioLogps.s:orr The City of San 205 of 350 Attachment No. 1 Property Address: 420 W 29st Street, San Diego, CA 91950 Date: July 5, 2017 (2) PRESERVATION OF ACTIONS: The following shall not constitute a waiver nor violation of the mediation and arbitration provisions: (I) the filing of a court action to preserve a statute of limitations; (ii) the firing of a court action to enable the recording of a notice of pending action, for order of attachment, receivership, injunction, or other provisional remedies; or (iii) the filing of a mechanic's lien. (3) BROKERS: Brokers shall not be obligated nor compelled to mediate or arbitrate unless they agree to do so in writing. Any Broker(s) participating in mediation or arbitration shall not be deemed a party to this Agreement. 23. SELECTION OF SERVICE PROVIDERS: Brokers do not guarantee the performance of any vendors, service or product providers ("Providers"), whether referred by Broker or selected by Buyer, Seller or other person. Buyer and Seiler may select ANY Providers of their own choosing. 24. MULTIPLE LISTING SERVICE ("PALS"): Brokers are authorized to report to the MLS a pending sale and, upon Close Of Escrow, the sales price and other terms of this transaction shall be provided to the MLS to be published and disseminated to persons and entities authorized to use the information on terms approved by the MLS. 25. ATTORNEY FEES: In any action, proceeding, or arbitration between Buyer and Seller arising out of this Agreement, the prevailing Buyer or Seller shall be entitled to reasonable attorney fees and costs from the non -prevailing Buyer or Seller, except as provided in paragraph 22A. 26. ASSIGNMENT: Buyer shall not assign all or any part of Buyer's interest in this Agreement without first having obtained the separate written consent of Seller to a specified assignee. Such consent shall not be unreasonably withheld. Any total or partial assignment shall not relieve Buyer of Buyer's obligations pursuant to this Agreement unless otherwise agreed in writing by Seller. (C.A.R. Form AOAA). 27. EQUAL HOUSING OPPORTUNITY: The Property is sold in compliance with federal, state and local anti -discrimination Laws. 28. TERMS AND CONDITIONS OF OFFER: This is an offer to purchase the Property on the above terms and conditions. The liquidated damages paragraph or the arbitration of disputes paragraph is incorporated in this Agreement if initialed by all Parties or if incorporated by mutual agreement in a counter offer or addendum. If at least one but not all Parties initial, a counter offer is required until agreement is reached. Seller has the right to continue to offer the Property for sale and to accept any other offer at any time prior to notification of Acceptance. The Parties have read and acknowledge receipt of a Copy of the offer and agree to the confirmation of agency relationships. If this offer is accepted and Buyer subsequently defaults, Buyer may be responsible for payment of Brokers' compensation. This Agreement and any supplement, addendum or modification, including any Copy, may be Signed in two or more counterparts, all of which shall constitute one and the same writing. 29. TIME OF ESSENCE; ENTIRE CONTRACT; CHANGES: Time is of the essence. All understandings between the Parties are incorporated in this Agreement. Its terms are intended by the Parties as a final, complete and exclusive expression of their Agreement with respect to its subject matter, and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. If any provision of this Agreement is held to be ineffective or invalid, the remaining provisions will nevertheless be given full force and effect. Except as otherwise specified, this Agreement shall be interpreted and disputes shall be resolved in accordance wth the Laws of the State of California. Neither this Agreement nor any provision in it may be extended, amended, modified, altered or changed, except In writing Signed by Buyer and Seller. 30. DEFINITIONS: As used in this Agreement: A. "Acceptance" means the time the offer or final counter offer is accepted in writing by a Party and is delivered to and personally received by the other Party or that Party's authorized agent in accordance with the terms of this offer or a final counter offer. B. "Agreement" means this document and any counter offers and any incorporated addenda, collectively forming the binding agreement between the Parties. Addenda are incorporated only when Signed by all Parties. C. "C.A.R. Form" means the most current version of the specific form referenced or another comparable form agreed to by the parties. D. "Close Of Escrow", including "COE-, means the date the grant deed, or other evidence of transfer of title, is recorded. E. "Copy" means copy by any means including photocopy, NCR, facsimile and electronic. F. "Days" means calendar days. However, after Acceptance, the last Day for performance of any act required by this Agreement (including Close Of Escrow) shall not include any Saturday, Sunday, or legal holiday and shall instead be the next Day. G. "Days After" means the specified number of calendar days after the occurrence of the event specified, not counting the calendar date on which the specified event occurs, and ending at 11:59 PM on the final day. H. "Days Prior" means the specified number of calendar days before the occurrence of the event specified, not counting the calendar date on which the specified event is scheduled to occur. I. "Deliver", "Delivered" or "Delivery", unless otherwise specified in writing, means and shall be effective upon: personal receipt by Buyer or Seller or the individual Real Estate Licensee for that principal as specified in the section titled Real Estate Brokers on page 10, regardless of the method used (i.e., messenger, mail, email, fax, other). J. "Electronic Copy" or "Electronic Signature" means, as applicable, an electronic copy or signature complying with Califomia Law. Buyer and Seller agree that electronic means will not be used by either Party to modify or alter the content or integrity of this Agreement without the knowledge and consent of the other Party. K. "Law" means any law, code, statute, ordinance, regulation, rule or order, which is adopted by a controlling city, county, state or federal legislative, judicial or executive body or agency. L. "Repairs" means any repairs (including pest control), alterations, replacements, modifications or retrofitting of the Property provided for under this Agreement. M. "Signed" means either a handwritten or electronic signature on an original document, Copy or any counterpart. 31. EXPIRATION OF OFFER: This offer shall be deemed revoked and the deposit, if any, shall be returned to Buyer unless the offer is Signed by Seller and a Copy of the Signed offer is personally received by Buyer, or by who is authorized to receive it, by 5:00 PM on the third Day after this offer is signed by Buyer (or by I.] U AM/ U PM, on (date)). ❑ One or more Buyers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Di • (CAR. F. RCSD-B) for additional terms. Date l(l11 BUYER (Print name) The City of National Date BUYER (Print name) ❑ Additional Signature Addendum attached (C.AR. Form ASA). Seller's Initials ( ) ( ) RPA-CA REVISED 12115 (PAGE 9 OF 10) CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 9 OF 10) Produced with zipForm® by zipLogix 16070 Fifteen Mile Road, Fraser, Michigan 48026 www zipLagix oom The City of Sim EQUAL AMMO 206 of 350 Attachment No. 1 Property Address: 420 W 21st Street, San Diego, CA 91950 Date: July 5, 2017 32. ACCEPTANCE OF OFFER: Seller warrants that Seller is the owner of the Property, or has the authority to execute this Agreement. Seller accepts the above offer, and agrees to sell the Property on the above terms and conditions. Seller has read and acknowledges receipt of a Copy of this Agreement, and authorizes Broker to Deliver a Signed Copy to Buyer. ❑ (If checked) SELLER'S ACCEPTANCE IS SUBJECT TO ATTACHED COUNTER OFFER (C.A.R. Form SCO or SMCO) DATED: ❑ One or more Sellers is signing this Agreement in a representative capacity and not for him/herself as an individual. See attached Representative Capacity Signature Disclosure (C.A.R. Form RCSD-S) for additional terms. Date SELLER (Print name) Isfahan Inc. Date SELLER (Print name) :Additional Signature Addendum attached (C.A.R. Form ASA). ( ) (Do not Initial if making a counter offer.) CONFIRMATION OF ACCEPTANCE: A Copy of Signed Acceptance was (Initials) ersonall received by Buyer or Buyer's authorized agent on (date) at LIAM/ personally A binding Agreement is created when a Copy of Signed Acceptance is personally received by Buyer or Buyer's authorized agent whether or not confirmed in this document. Completion of this confirmation is not legally required In order to create a binding Agreement; it is solely intended to evidence the date that Confirmation of Acceptance has occurred. REAL ESTATE BROKERS: A. Real Estate Brokers are not parties to the Agreement between Buyer and Seller. B. Agency relationships are confirmed as stated in paragraph 2. C. If specified in paragraph 3A(2), Agent who submitted the offer for Buyer acknowledges receipt of deposit. D. COOPERATING BROKER COMPENSATION: Listing Broker agrees to pay Cooperating Broker (Selling Firm) and Cooperating Broker agrees to accept, out of Listing Broker's proceeds in escrow, the amount specified in the MLS, provided Cooperating Broker is a Participant of the MLS in which the Property is offered for sale or a reciprocal MLS. If Listing Broker and Cooperating Broker are not both Participants of the MLS, or a reciprocal MLS, in which the Property is offered for sale, then compensation must be specified in a separate written agreement (C.A.R. Form CBC). Deciaration of License and Tax (C.A.R. Form DLT) may be used to document that tax reporting will be required or that an exemption exists. Real Estate Broker (Selling Firm) Self represented CaIBRE Lic. # By City of National City CaIBRE Lic. # Date By CaIBRE Lic. # Date Address City State Zip Telephone Fax E-mail Real Estate Broker (Listing Firm) Premier Realty CalBRE Lic. # 01425679 By Bob Nourani Ca!BRE Lic. # 01350632 Date 07/05/2017 By CaIBRE Lic. # Date Address 4858 Mercury St City San Diego State CA Zip 92111 Telephone f858)490-0000 Fax j619)233-3333 E-mail GoodSanDiego@yahoo.com ESCROW HOLDER ACKNOWLEDGMENT: Escrow Holder acknowledges receipt of a Copy of this Agreement, (if checked, ■ a deposit in the amount of $ ), counter offer numbers ['Seller's Statement of Information and , and agrees to act as Escrow Holder subject to paragraph 20 of this Agreement, any supplemental escrow instructions and the terms of Escrow Holder's general provisions. Escrow Holder is advised that the date of Confirmation of Acceptance of the Agreement as between Buyer and Seller is Escrow Holder Escrow # By Date Address Phone/Fax/E-mail Escrow Holder has the following license number # n Department of Business Oversight, n Department of Insurance, Bureau of Real Estate. PRESENTATION OF OFFER: ( ) Listing Broker presented this offer to Seller on (date). Broker or Designee Initials REJECTION OF OFFER: ( ) ( ) No counter offer is being made. This offer was rejected by Seller on Seller's Initials (date). 01991- 2015, California Association of REALTORS®, Inc. United States copyright law (Title 17 U.S. Code) forbids the unauthorized distribution, display and reproduction of this form, or any portion thereof, by photocopy machine or any other means, including facsimile or computerized formats. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR.). NO REPRESENTATION IS MADE AS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: Buyer Acknowledges that page 10 is part of this Agreement ( ) ( ) REAL ESTATE BUSINESS SERVICES, INC. a subsidiary of the CALIFORNIA ASSOCIATION OF REALTORS® a525 South Virgil Avenue, Los Angeles, California 90020 RPA-CA REVISED 12115 (PAGE 10 of 10) B:,yer's Initials Reviewed by Broker or Designee CALIFORNIA RESIDENTIAL PURCHASE AGREEMENT (RPA-CA PAGE 10 OF 10) Produced with zipForm® by zipLogix 18070 Fifteen Mile Road, Fraser, Mlchlgan 48026 www zioLoaix.cor0 The City of San cquuxoeSSwo 207 of 350 AA§ CALIFORNIA ASSOCIATION BUYER'S INSPECTION ADVISORY � OF REALTORS® (C.A.R. Form BIA, Revised 11 /14} Property Address: 420 W 21st Street, San Diego, CA 91950 ("Property"). 1. IMPORTANCE OF PROPERTY INVESTIGATION: The physical condition of the land and improvements being purchased is not guaranteed by either Seller or Brokers. You have an affirmative duty to exercise reasonable care to protect yourself, including discovery of the legal, practical and technical implications of disclosed facts, and the investigation and verification of information and facts that you know or that are within your diligent attention and observation. A general physical inspection iypicaliy does not cover ali aspects of the Property nor items affecting the Property that are not physically located on the Property. If the professionals recommend further investigations, including a recommendation by a pest control operator to inspect inaccessible areas of the Property, you should contact qualified experts to conduct such additional investigations. 2. BROKER OBLIGATIONS: Brokers do not have expertise in all areas and therefore cannot advise you on many items, such as those listed below. If Broker gives you referrals to professionals, Broker does not guarantee their performance. 3. YOU ARE STRONGLY ADVISED TO INVESTIGATE THE CONDITION AND SUITABILITY OF ALL ASPECTS OF THE PROPERTY, INCLUDING BUT NOT LIMIITED TO THE FOLLOWING. IF YOU DO NOT DO SO, YOU ARE ACTING AGAINST THE ADVICE OF BROKERS. A. GENERAL CONDITION OF THE PROPERTY, ITS SYSTEMS AND COMPONENTS: Foundation, roof (condition, age, leaks, useful life), plumbing, heating, air conditioning, electrical, mechanical, security, pool/spa (cracks, leaks, operation), other structural and nonstructural systems and components, fixtures, built-in appliances, any personal property included in the sale, and energy efficiency of the Property. B. SQUARE FOOTAGE, AGE, BOUNDARIES: Square footage, room dimensions, lot size, age of improvements and boundaries. Any numerical statements regarding these items are APPROXIMATIONS ONLY and have not been verified by Seller and cannot be verified by Brokers. Fences, hedges, walls, retaining walls and other barriers or markers do not necessarily identify true Property boundaries. C. WOOD DESTROYING PESTS: Presence of, or conditions likely to lead to the presence of wood destroying pests and organisms. D. SOIL STABILITY: Existence of fill or compacted soil, expansive or contracting soil, susceptibility to slippage, settling or movement, and the adequacy of drainage. E. WATER AND UTILITIES; WELL SYSTEMS AND COMPONENTS;WASTE DISPOSAL: Water and utility availability, use restrictions and costs. Water quality, adequacy, condition, and performance of well systems and components. The type, size, adequacy, capacity and condition of sewer and septic systems and components, connection to sewer, end applicable fees. F. ENVIRONMENTAL HAZARDS: Potential environmental hazards, including, but not limited to, asbestos, lead -based paint and other lead contamination, radon, methane, other gases, fuel oil or chemical storage tanks, contaminated soil or water, hazardous waste, waste disposal sites, electromagnetic fields, nuclear sources, and other substances, materials, products, or conditions (including mold (airborne, toxic or otherwise), fungus or similar contaminants). G. EARTHQUAKES AND FLOODING: Susceptibility of the Property to earthquake/seismic hazards and propensity of the Property to flood. H. FIRE, HAZARD AND OTHER INSURANCE: The availability and cost of necessary or desired insurance may vary. The location of the Property in a seismic, flood or fire hazard zone, and other conditions, such as the age of the Property and the claims history of the Property and Buyer, may affect the availability and need for certain types of insurance. Buyer should explore insurance options early as this information may affect other decisions, including the removal of loan and inspection contingencies. I. BUILDING PERMITS, ZONING AND GOVERNMENTAL REQUIREMENTS: Permits, inspections, certificates, zoning, other governmental limitations, restrictions, and requirements affecting the current or future use of the Property, its development or size. J. RENTAL PROPERTY RESTRICTIONS: Some cities and counties impose restrictions that limit the amount of rent that can be charged, the maximum number of occupants, and the right of a landlord to terminate a tenancy. Deadbolt or other locks and security systems for doors and windows, including window bars, should be examined to determine whether they satisfy legal requirements. K. SECURITY AND SAFETY: State and local Law may require the installation of barriers, access alarms, self -latching mechanisms and/or other measures to decrease the risk to children and other persons of existing swimming pools and hot tubs, as well as various fire safety and other measures concerning other features of the Property. L. NEIGHBORHOOD, AREA, SUBDIVISION CONDITIONS; PERSONAL FACTORS: Neighborhood or area conditions, including schools, law enforcement, crime statistics, registered felons or offenders, fire protection, other government services, availability, adequacy and cost of Internet connections or other technology services and installations, commercial, industrial or agricultural activities, existing and proposed transportation, construction and development that may affect noise, view, or traffic, airport noise, noise or odor from any source, wild and domestic animals, other nuisances, hazards, or circumstances, protected species, wetland properties, botanical diseases, historic or other governmentally protected sites or improvements, cemeteries, facilities and condition of common areas of common interest subdivisions, and possible lack of compliance with any governing documents or Homeowners' Association requirements, conditions and influences of significance to certain cultures and/or religions, and personal needs, requirements and preferences of Buyer. By signing below, Buyers acknowledge that they have read, understand, accept and have received a Copy of this Advisory. Buyers are eed ad`it carefully. Buyer The ® 1991-2004, (fialf5'ssociatiof REALTORS®, Inc. THIS FORM HAS BEEN APPROVED BY THE CALIFORNIA ASSOCIATION OF REALTORS® (CAR.). NO REPRESENTATION IS MAISE KS TO THE LEGAL VALIDITY OR ACCURACY OF ANY PROVISION IN ANY SPECIFIC TRANSACTION. A REAL ESTATE BROKER IS THE PERSON QUALIFIED TO ADVISE ON REAL ESTATE TRANSACTIONS. IF YOU DESIRE LEGAL OR TAX ADVICE, CONSULT AN APPROPRIATE PROFESSIONAL. Published and Distributed by: REAL ESTATE BUSINESS SERVICES, INC, e subsidiary of the California Association of REALTORS® 525 South Virgil Avenue, Los Angeles, California 90020 BIA REVISED 11/14 (PAGE 1 OF 1) BUYER'S INSPECTION ADVISORY (BIA PAGE 1 OF 1) Reviewed by Date Attachment No. 1 egwL aou®,c CPvoaiuwry Premier Realty, 1135 Garnet Ave. #15 San Diego, CA 92109 Phone: 658-490-0000 Fax 619-233-3333 Robert Nourani Produced with zipFotme by zipLogix 18070 Fifteen Mile Road, Fraser. Michigan 48026 wwe/ zitI-Paioccorn The City of San 208 of 350 Attachment No. 2 Paradise Creek Development Site 209 of 350 Order Form Attachment No. 3 General File No.: 17-216 Loan Type: Status: Dates Ordered: Due: Assigned: Inspected: Reviewed: Signed: Fax/EDI: Delivered: Invoiced: User Defined: Cancelled: Paid: Case No: Job Type: Client File No.: Property Type: z 2 Tracking No.: Form Type: f Filename: C:1Program Files\ACI321REPORTS117-216.aci 07/04/2017 o Property Information F- Address: 420 W 21st St 07/04/2017 o City: National City County: San Diego St: CA Zip: 91950-6513 o Location: Map No:1309 H3 Census: 0219.00 Legal: Lot 21 & 22 Blk 150 Tr 348 Sale Price: ❑ Refinance Loan Amt: Date of Sale: Rooms: 4 Bedrooms: 2 Baths: 1.00 Appraised Value: $355,000 Borrower First: Isfahan Last: Inc Owner: Sdc LLC Client Information ❑X Ordered By Client N/A ❑ Bill To ❑ Send To Billing Information Invoice No.: Fee: Branch: Address: N/A City: N/A State: CA Zip: 91910 Phone: Fax: Contact N/A r Z Misc: Ei CtientInformation Client ❑ BillTo ❑ Send To Tax: Branch: Tota[Amount Address: Payment 1: Check #: City: State: Zip: Date: Phone: Fax: Payment 2: Check #: Contact: Date: Misc: Due: Appraiser/Broker Information w Name: Stephen W. Hancock Supervisor: a Cert#: AR026240 State: Cert#: State: z License #: State: License #: State: Exp. Date: 10/13/2018 Exp. Date: Primary Contactlnformation Primary Contact: Home Phone: Best time to call Work Phone: Secondary Contact Information Secondary Contact: Home Phone: Best time to call Work Phone: S pecial Instructions rn r a r z 0 Y. z z 0 1- u m rr r z z Comments 1- r z w O 0 V Produced using AC I software, 800.234.8727 www.aciweb.com 210 of 350 order 11272013 Hancock Appraisal Company 619-886-8995 Attachment No. 3 File No. 17-216 APPRAISAL OF LOCATED AT: 420 W 21 st St National City, CA 91950-6513 FOR: N/A N/A N/A BORROWER: Isfahan Inc AS OF: July 4, 2017 BY: Stephen W. Hancock 211 of 350 Attachment No. 3 He No. 17-216 N/A N/A N/A N/A File Number: 17-216 In accordance with your request, I have appraised the real property at: 420 W 21 st St National City, CA 91950-6513 The purpose of this appraisal is to develop an opinion of the market value of the subject property, as improved. The property rights appraised are the fee simple interest in the site and improvements. In my opinion, the market value of the property as of July 4, 2017 is: $355,000 Three Hundred Fifty -Five Thousand Dollars The attached report contains the description, analysis and supportive data for the conclusions, final opinion of value, descriptive photographs, limiting conditions and appropriate certifications. Stephen W. Hancock 212 of 350 Hancock Appraisal Company Uniform ResidentialAppraisalReport Attachment No. 3 File No. 17-216 The purpose of this summary appraisal report is to provide the lender/client with an accurate, and adequately supported, opinion of the market value of the subject property. Property Address 420 W 21st St City National City State CA Zip Code 91950-6513 Borrower Isfahan Inc Owner of Public Record Sdc LLC County San Diego Legal Description Lot 21 & 22 Blk 150 Tr 348 Assessor's Parcel# 559-125-16-00 Tax Year 2016 R.E. Taxes $ 2,229 Neighborhood Name National City Map Reference 1309 H3 Census Tract 0219.00 Occupant ❑Owner ❑Tenant X❑Vacant Special Assessments $ 0 ❑PUD HOA$ 0 ❑per year ❑per month Property Rights Appraised X❑Fee Simple ❑Leasehold ❑ Other (describe) Assignment Type Purchase Transaction ❑ Refinance Transaction 0 Other (describe) Ascertain Market Value Lender/C tent N/A Address N/A Is the subject property currently offered for sale or has it been offered for sale in the twelve months prior to the effective date of this appraisal? X❑Yes ❑ No R eport data source(s) used, offering price(s), and date(s). DOM 55;Sandicor#170011717. listed on 03/09/2017 for $362,000. 1 ❑did ❑did not analyze the contract for sale for the subject purchase transaction. Explain the results of the analysis of the contract for sale or why the analysis was not performed. E- V cc Contract Price $ Date of Contract Is the property seller the owner of public record? Des ❑No Data Source(s) z Is there any financial assistance (loan charges, sale concessions, giftordownpaymentassistance, etc.) to be paid by any party on behalf of the borrower? ❑Yes ❑ No 0 v If Yes, reportthe totaldollar amount and describe the items to be paid. Note: Race and the raciatcomposition of the neighborhood are notappraisaLfactors. Neighborhood C haracteristics One-UnitHousingTrends One -Unit Housing Present Land Use% Location ❑Urban X❑Suburban ❑Rural Property Values ❑X Increasing ❑Stable ❑Declining PRICE AGE One -Unit 70% % o Built -Up 0 Over75% 025-75% ❑ Under 25% Demand/Supply ❑Shortage X❑In Balance ❑ Over Supply $(000) (yrs) 2-4Unit 10% % c G rowth ❑Rapid X❑Stable OS tow Marketing Time 0 Under 3mths 03-6mths ❑ Over 6mths 180 Low 5 Multi -Family 10% % m Neighborhood Boundaries Neighborhood bounds North on E 8th St, South on Fwy 54, West on 550 High 110 Commercial 10% % Interstate 5 , East on Highland Ave 370 Pred. 55 Other % it i Neighborhood Description The subject property is located in the National City area in San Diego county. This area is predominantly comprised of small to mid size houses of average to good quality . This area enjoys good access to all facilities and market appeal is good. Market Conditions (including support far the above conclusions) Market conditions for Single Family Housing and Condominiums in this area are good. Demand and supply are in balance. Typical financing for the area is market rate with buyers generally paying most of the closing cost. Adequate mortgage money is available with lower interest rates fluctuating to stimulate the economy. Marketing time is 3 months . _ Dimensions 48x 123x 46 x123 Area 5835 sf Shape Rectangular View N;Res; Specific Zoning Classification MCR-2 Zoning Description Mix use Zoning Compliance X❑ Legal ❑ Legal Nonconforming (G randfathered Use) ❑ No Zoning ❑ Illegal (describe) Is the highest and best use of the subject property as improved (or as proposed per plans and specifications) the present use? X❑Yes ❑No If No, describe. Utilities Public Other (describe) Public Other (describe) Off -site Improvements —Type Public Private F Electricity 00 Water 00 Street Asphalt 0 El Gas ❑X ❑ Sanitary Sewer ❑X ❑ Alley No X❑ ❑ FEMA 5pecialFlood Hazard Area ❑Yes X❑ No FEMA Flood Zone X FEMA Map # 06073C1911 G FEMA Map Date 05/16/2012 Are the utilities and off -site improvements typical for the market area? OYes ❑No If No, describe. Are there any adverse site conditions or externalfactors (easements, encroachments, environmental conditions, land uses, etc.)? Des 0 No If Yes, describe. The subject is located in a MIX use zoning. The subject property does conform to the zoning and is currently located around industrial buildings. This is felt not to be adverse and will not have a negative impact on marketability. Similar comparables with the a similar location could not be found in the last 12 months. GENERAL DESCRIPTION 11. FOUNDATION EXTERIOR DESCRIPTION materials/condition INTERIOR materials/condition Units OOne One with Accessory Unit ❑ConcreteSlab X❑CrawlSpace Foundation Walls ConcreteBlk/Gd Floors LMWd/Tile/Good #ofStories 1 ❑FullBasement ❑ Partial Basement Exterior Walls Nardi Plank/good Walls Drywall/Good Type ❑X Det ❑Att ❑S-Det/End Unit Basement Area 0 sq.ft Roof Surface Composition/Good Trim/Finish Wood/Good 0Existing ❑Proposed ❑ Under Const Basement Finish % Gutters &Downspouts None Bath Floor Tile/Good Design(Style) Ranch ❑ Outside Entry/Exit ❑Sump Pump Window Type VinylSingHng/gd Bath Wainscot Tile/good YearBuilt 1920 Evidence of ❑Infestation StormSash/lnsulated No Car Storage ❑None Effective Age (Yrs) 10 ❑Dampness Settlement Screens yes/good X❑Driveway #ofCars 2 Attic 0 None Heating DO FWA HWBB ❑Radiant Amenities L. Woodstove(s)#0 Driveway Surface Dirt Drop Stair ❑Stairs ❑Other Fuel Gas 0Fireptace(s)#0 X❑Fence Wood ❑Garage #of Cars 0 ❑Floor (I) Scuttle Cooling ❑ Central Air Conditioning 0 Patio/Deck open OPorch COv ❑Carport #of Cars 0 N z ❑Finished QHeated Individual JQOther none ❑P000t none Other None QAtt ❑Det ❑Buitiin ❑ Appliances X Refrigerator X❑Range/Oven X Dishwasher x Disposal X❑Microwave 0 Washer/Dryer Other (describe) g > 0 ee Finished area above grade contains: 4 Rooms 2 Bedrooms 1.0 Bath(s) 825 Square Feet of Gross Living Area Above Grade Additionalfeatures (speciatenergyefficient items, etc.). The subject dwelling benefits from covered porch, deck, granite counter tops, and ceiling fans. g Describe the condition of the property (including needed repairs, deterioration, renovations, remodeling, etc.). C2;Kitchen-updated-less than one year ago;Bathrooms- updated-less than one year ago;No functional or economical obsolescence was noted. Subject was totally renovated in the last 12 months (total cost of renovations was $79,000 and the overall condition is good. The heated living area reflects actual measurements of the main dwelling. Subject has a CO alarm, smoke alarm and a tankless water heater. Pictures in report reflect occupancy, however, the subject dwelling is now vacant 07/04/2017 and entry was not granted. Are there any phys icat deficiencies or adverse conditions that affect the livability, soundness, or structural integrity of the property? ❑Yes X❑No If Yes, describe. Does the property generally conform to the neighborhood (functional utility, style, condition, use, construction, etc.)? ❑X Yes ❑ No If No, describe. Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced using AC I software, 900.234.8727 www.aciereb.com Page 1 of 6 213 of 350 Fannie Mae Form 1004 March 2005 1004_0311AD 12182015 Hancock Appraisal Company Uniform ResidentialAppraisalReport Attachment No. 3 File No. 17-216 There are 11 comparable properties currently offered for sale in the subject neighborhood ranging in price from $ 299,000 to $ 435,000 There are 35 comparable sates in the subject neighborhood within the past twelve months ranging in sate price from $ 202,000 to $ 410,000 . FEATURE SUBJECT COMPARABLE SALE NO.1 COMPARABLE SALE NO. 2 COMPARABLE SALE NO. 3 420 W 21 st St Address National City, CA 91950-6513 1838 Wilson Ave National City, CA 91950 1726 Harding Ave National City, CA 91950 516 E 24th St National City, CA 91950 Proximity to Subject r 0.17 miles NW 0.23 miles NW 0.64 miles NE Sate Price $ $ 341,000 $ 310,000 $ 360,000 Sale Price/Gross Liv. Area $ 0.00 sq. ft $ 498.54 sq. ft $ 442.86 sq. ft $ 400.00 sq. ft Data Source(s) Sandicor#170010796;DOM 30 Sandicor#160058098;DOM 49 Sandicor#160029209;DOM 27 Verification Source(s) Doc#185406/ Public Records Doc #85810/Public Records Doc #391202/Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION *OS Adjustment DESCRIPTION *(-)$ Adjustment DESCRIPTION *(-)$ Adjustment Sate or Financing Concessions ArmLth VA;0 ArmLth FHA;2000 ArmLth SHRDEQ;0 Date ofSale/Time s04/17;c04/17 s02/17;c12/16 s08/16;c06/16 Location N;Res; N;Res; N;Res; N;Res; Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Fee Simple site 5835 sf 2915 sf +10,000 2741 sf +10,000 6328 sf 0 View N;Res; N;Res; N;Res; N;Res; Design(Style) DT1;Ranch DT1;Ranch DT1;Ranch DT1;Ranch Duality of Construction Q3 Q3 Q3 Q3 Actual Age 97 70 0 104 0 69 0 Condition C2 C2 C3 +25,000 C2 Above Grade Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Room Count 4 2 1.0 4 2 1.0 4 2 1.0 4 2 1.0 Gross Living Area 50 825 sq. ft 684 sq. ft 7,100 700 sq. ft 6,300 900 sq. ft -3,800 Basement&Finished Rooms Below Grade 0sf 0sf 0sf 0sf x Functional Utility Average Average Average Average a ceEnergyEfficientltems a Heating/Cooling FWA none FWA none FWA none FWA none Ins Windows Ins Windows Ins Windows Ins Windows Garage/Carport 2dw 2dw 2dw 2dw z o Porch/Patio/Deck Stoop/Patio Stoop/Patio Stoop/Patio Stoop/Patio Fireplace 0 F/P 0 F/P 0 F/P 0 F/P a Fence/Spk Sys Fence Fence Fence Fence x Pool/Guest House None None None None v NetAdjustment(Total) XO+ ❑- $ 17,100 0+ O- $ 41,300 ❑+ XO- $ 3,800 w a 0 Adjusted Sale Price of Comparables NetAdj. 5.0% % Gross Adj. 5.0% % $ 358,100 NetAdj. 13.3% Gross Adi13.3%% $ 351,300 NetAdj. -1.1%% Gross Adj. 1.1% % $ 356,200 I X0did ❑ did not research the sate or transfer history ofthe subject property and comparable sates. If not, explain My research X0did 0 did not reveal any prior sales or transfers of the subject property for the three years prior to the effective date of this appraisal Data source(s) Public Records My research X0did ❑did not revealany prior sales or transfers ofthe comparable sates for the year prior to the date of sale ofthe comparable sate. Data source(s) Public Records Reportthe results ofthe research and analysis ofthe prior sale or transfer history ofthe subject property and comparable sales (report additional prior sales on page 3). ITEM SUBJ ECT COMPARABLE SALE NO. 1 COMPARABLE SALE NO. 2 COMPARABLE SALE NO. 3 Date of Prior Sale/Transfer 02/29/2016 08/26/2016 01/27/2016 Price of PriorSale/Transfer 182000 207500 270000 Data Source(s) County Records County Records County Records County Records Effective Date of Data Source(s) 07/04/2017 07/04/2017 07/04/2017 07/04/2017 Anatysis of prior sale or transfer history of the subject property and comparable sales Subject also transferred on 11/20/2015 for $160,500.No other sales history was found on the subject property in the last 36 months.Since the last date of sale the subject property has been totally renovated $79,000 in updates. summary of sales Comparison Approach. All but one comparables used in this report are very similar in condition and considered to be the best closed sales available..The comparables used are similar in room count, quality, condition, and overall appeal. Consideration given to all three comparables in making my opinion of value.. All adjustments were necessary to reflect market trends and not adverse.All adjustments were based on paired sales analysis.Adjustments for lot size was necessary to reflect market trends. Indicated Value by Sales Comparison Approach $ 355,000 IndicatedValue by: Sales Comparison Approach $355,000 CostApproach(ifdeveloped)$ 346,900 Income Approach (if developed) $ 0 The Sales Comparison Approach is regarded as the most accurate means of estimating Market Value of Residential Real Estate. The Z Cost Approach lends good support to the Final Value Conclusion. The Income Approach was not used for this report. 0 1- J This appraisal is made 0 " a s is," 0subjectto completion per plans and specifications on the basis ofa hypothetical condition thatthe improvements have been completed, Z Osubjectto the following repairs or alterations on the basis ofa hypothetical condition thatthe repairs or alterations have been completed, or 0subject to the following required o inspection based on the extraordinary assumption that the condition or deficiency does not require alteration or repair: No repairs are required 0) w ce Based on a complete visual inspection ofthe interior and exterior areas ofthe subject property, defined scope of work, statement of assumptions and limiting conditions, and appraiser's certification, my (our) opinion of the market value, as defined, of the real property that is the subject of this report is $ 355,000 as of 07/04/2017,which is the date of inspection and the effective date of this appraisal. Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced using AC I software, 500.234.8727 www.actweb.com Page 2 of 6 Hancock Zany 214 of 350 Fannie Mae Form 1004 March 2005 1004 DAD 12182015 Hancock Appraisal Company Uniform ResidentialAppraisalReport Attachment No. 3 File No. 17-216 Search criteria for this report included houses located in the 91950 zip code that have 2 bedrooms with 1+ baths . LA H z mar f f 0 u J a z 0 i= 0 0 a COSTAPPROACH TO VALUE (not required by Fannie Mae) Provide adequate information for the lender/chentto replicate the below cost figures and calculations. Support for the opinion of site value (summary of comparable land sales or other methods for estimating site value) Land extraction u ESTIMATED 0 REPRODUCTION OR XQREPLACEMENTCOST NEW OPINION OF SITE VALUE = $ 235,000 o Source ofcostdata Marshall & Swift Dwelling 825 Sq. Ft @ $ 135.00 = $ 111,375 a Duality rating from cost service Good Effective date ofcostdata 2017 Sq. Ft @ $ _ $ 0 a a Comments on Cost Approach (gross living area calculations, depreciation, etc.) Porch/patio 7,500 LA Marshall and Swift ( Cost Estimates) . It is Typical for land Garage/Carport 0 Sq. Ft @ $ 25.00 = $ 0 ° value to exceed the normal 30 % to overall value mandated by Total Estimate ofCost-New ... ... _ $ 118,875 guidelines. Less 70 Physical Functional External Depreciation $16,982 = $( 16,982) Depreciated Costoflmprovements = $ 101,893 "As -is' Value of ite Improvements ... = $ 10,000 Estimated Remaining Economic Life (HUD and VA only) 60 Years INDICATED VALUE BY COST APPROACH. ... = $ 346,900 INCOME APPROACH TO VALUE (not required by Fannie Mae) oEstimated Monthly Market Rent $ X Gross Rent Multiplier = $ Indicated Value by Income Approach z Summary ofIncome Approach (including support for market rent and GRM) PROJECT INFORMATION FOR PUDs (if applicable) Is the developer/builder in control of the Homeowners' Association (HOA)? ❑ Yes O No Unittype(s) 0 Detached 0Attached Provide the following information for PUDs ONLY if the developer/ouilder is in control of the HOA and the subject property is an attached dwelling unit Legal name of project z Total number of phases Total number of units Total number of units sold 0 F= Iota [number ofunits rented Total number of units for sale Data source(s) i Was the project created by the conversion of an existing building(s) into a PUD? ❑Yes ❑ No If Yes, date of conversion. o Does the project contain any multi -dwelling units? ❑Yes ❑ No Data source(s) z 0 D Are the units, common elements, and recreation facilities complete? ❑Yes Q No If No, describe the status of completion. a Are the common elements leased to or by the Homeowners' Association? ❑Yes Q No If Yes, describe the rentalterms and options. Describe common elements and recreational facilities. Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced using AC l soravare, 900.234.8717 www.aciaeb.com Page 3 of 6 215 of 350 Fannie Mae Form 1004 March 2005 1004_OS1.IAD 12182015 Hancock Appraisal Company Attachment No. 3 Uniform ResidentialAppraisal. Report File No. 17-216 This report form is designed to report an appraisal of a one -unit property or a one -unit property with an accessory unit; including a unit in a planned unit development (PUD). This report form is not designed to report an appraisal of a manufactured home or a unit in a condominium or cooperative project. This appraisal report is subject to the following scope of work, intended use, intended user, definition of market value, statement of assumptions and limiting conditions, and certifications. Modifications, additions, or deletions to the intended use, intended user, definition of market value, or assumptions and limiting conditions are not permitted. The appraiser may expand the scope of work to include any additional research or analysis necessary based on the complexity of this appraisal assignment. Modifications or deletions to the certifications are also not permitted. However, additional certifications that do not constitute material alterations to this appraisal report, such as those required by law or those related to the appraiser's continuing education or membership in an appraisal organization, are permitted. SCOPE OF WORK: The scope of work for this appraisal is defined by the complexity of this appraisal assignment and the reporting requirements of this appraisal report form, including the following definition of market value, statement of assumptions and limiting conditions, and certifications. The appraiser must, at a minimum: (1) perform a complete visual inspection of the interior and exterior areas of the subject property, (2) inspect the neighborhood, (3) inspect each of the comparable sales from at least the street, (4) research, verify, and analyze data from reliable public and/or private sources, and (5) report his or her analysis, opinions, and conclusions in this appraisal report. INTENDED USE: The intended use of this appraisal report is for the lender/client to evaluate the property that is the subject of this appraisal for a mortgage finance transaction. INTENDED USER: The intended user of this appraisal report is the lender/client. DEFINITION OF MARKET VALUE: The most probable price which a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to buyer under conditions whereby: (1) buyer and seller are typically motivated; (2) both parties are well informed or well advised, and each acting in what he or she considers his or her own best interest; (3) a reasonable time is allowed for exposure in the open market; (4) payment is made in terms of cash in U. S. dollars or in terms of financial arrangements comparable thereto; and (5) the price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions" granted by anyone associated with the sale. *Adjustments to the comparables must be made for special or creative financing or sales concessions. No adjustments are necessary for those costs which are normally paid by sellers as a result of tradition or law in a market area; these costs are readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative financing adjustments can be made to the comparable property by comparisons to financing terms offered by a third party institutional lender that is not already involved in the property or transaction. Any adjustment should not be calculated on a mechanical dollar for dollar cost of the financing or concession but the dollar amount of any adjustment should approximate the market's reaction to the financing or concessions based on the appraiser's judgment. STATEMENT OF ASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is subject to the following assumptions and limiting conditions: 1. The appraiser will not be responsible for matters of a legal nature that affect either the property being appraised or the title to it, except for information that he or she became aware of during the research involved in performing this appraisal. The appraiser assumes that the title is good and marketable and will not render any opinions about the title. 2. The appraiser has provided a sketch in this appraisal report to show the approximate dimensions of the improvements. The sketch is included only to assist the reader in visualizing the property and understanding the appraiser's determination of its size. 3. The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency (or other data sources) and has noted in this appraisal report whether any portion of the subject site is located in an identified Special Flood Hazard Area. Because the appraiser is not a surveyor, he or she makes no guarantees, express or implied, regarding this determination. 4. The appraiser will not give testimony or appear in court because he or she made an appraisal of the property in question, unless specific arrangements to do so have been made beforehand, or as otherwise required by law. 5. The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the presence of hazardous wastes, toxic substances, etc.) observed during the inspection of the subject property or that he or she became aware of during the research involved in performing this appraisal. Unless otherwise stated in this appraisal report, the appraiser has no knowledge of any hidden or unapparent physical deficiencies or adverse conditions of the property (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) that would make the property less valuable, and has assumed that there are no such conditions and makes no guarantees or warranties, express or implied. The appraiser will not be responsible for any such conditions that do exist or for any engineering or testing that might be required to discover whether such conditions exist. Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be considered as an environmental assessment of the property. 6. The appraiser has based his or her appraisal report and valuation conclusion for an appraisal that is subject to satisfactory completion, repairs, or alterations on the assumption that the completion, repairs, or alterations of the subject property will be performed in a professional manner. Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced us g AC I software, 8D0.234.8727www.aciweb.com 216 of 350 Fannie Mae Form 1004 March 2005 1004_05UA0 12182015 Hancock Appraisal Company Attachment No. 3 Uniform ResidentialAppraisal. Report File No. 17-216 APPRAISER'S CERTIFICATION: The Appraiser certifies and agrees that: 1. I have, at a minimum, developed and reported this appraisal in accordance with the scope of work requirements stated in this appraisal report. 2. I performed a complete visual inspection of the interior and exterior areas of the subject property. I reported the condition of the improvements in factual, specific terms. I identified and reported the physical deficiencies that could affect the livability, soundness, or structural integrity of the property. 3. I performed this appraisal in accordance with the requirements of the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 4. I developed my opinion of the market value of the real property that is the subject of this report based on the sales comparison approach to value. I have adequate comparable market data to develop a reliable sales comparison approach for this appraisal assignment. I further certify that I considered the cost and income approaches to value but did not develop them, unless otherwise indicated in this report. 5. I researched, verified, analyzed, and reported on any current agreement for sale for the subject property, any offering for sale of the subject property in the twelve months prior to the effective date of this appraisal, and the prior sales of the subject property for a minimum of three years prior to the effective date of this appraisal, unless otherwise indicated in this report. 6. I researched, verified, analyzed, and reported on the prior sales of the comparable sales for a minimum of one year prior to the date of sale of the comparable sale, unless otherwise indicated in this report. 7. I selected and used comparable sales that are locationally, physically, and functionally the most similar to the subject property. 8. I have not used comparable sales that were the result of combining a land sale with the contract purchase price of a home that has been built or will be built on the land. 9. I have reported adjustments to the comparable sales that reflect the market's reaction to the differences between the subject property and the comparable sales. 10. I verified, from a disinterested source, all information in this report that was provided by parties who have a financial interest in the sale or financing of the subject property. 11. I have knowledge and experience in appraising this type of property in this market area. 12. I am aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listing services, tax assessment records, public land records and other such data sources for the area in which the property is located. 13. I obtained the information, estimates, and opinions furnished by other parties and expressed in this appraisal report from reliable sources that I believe to be true and correct. 14. I have taken into consideration the factors that have an impact on value with respect to the subject neighborhood, subject property, and the proximity of the subject property to adverse influences in the development of my opinion of market value. I have noted in this appraisal report any adverse conditions (such as, but not limited to, needed repairs, deterioration, the presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observed during the inspection of the subject property or that I became aware of during the research involved in performing this appraisal. I have considered these adverse conditions in my analysis of the property value, and have reported on the effect of the conditions on the value and marketability of the subject property. 15. I have not knowingly withheld any significant information from this appraisal report and, to the best of my knowledge, all statements and information in this appraisal report are true and correct. 16. I stated in this appraisal report my own personal, unbiased, and professional analysis, opinions, and conclusions, which are subject only to the assumptions and limiting conditions in this appraisal report. 17. I have no present or prospective interest in the property that is the subject of this report, and I have no present or prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or completely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital status, handicap, familial status, or national origin of either the prospective owners or occupants of the subject property or of the present owners or occupants of the properties in the vicinity of the subject property or on any other basis prohibited by law. 18. My employment and/or compensation for performing this appraisal or any future or anticipated appraisals was not conditioned on any agreement or understanding, written or otherwise, that I would report (or present analysis supporting) a predetermined specific value, a predetermined minimum value, a range or direction in value, a value that favors the cause of any party, or the attainment of a specific result or occurrence of a specific subsequent event (such as approval of a pending mortgage loan application). 19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. If I relied on significant real property appraisal assistance from any individual or individuals in the performance of this appraisal or the preparation of this appraisal report, I have named such individual(s) and disclosed the specific tasks performed in this appraisal report. I certify that any individual so named is qualified to perform the tasks. I have not authorized anyone to make a change to any item in this appraisal report; therefore, any change made to this appraisal is unauthorized and I will take no responsibility for it. 20. I identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization that ordered and will receive this appraisal report. 21. The lender/client may disclose or distribute this appraisal report to: the borrower; another lender at the request of the borrower; the mortgagee or its successors and assigns; mortgage insurers; government sponsored enterprises; other secondary market participants; data collection or reporting services; professional appraisal organizations; any department, agency, or instrumentality of the United States; and any state, the District of Columbia, or other jurisdictions; without having to obtain the appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal report may be disclosed or distributed to any other party (including, but not limited to, the public through advertising, public relations, news, sales, or other media). Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced us i g AC I software, 800.234.8727www.aciweb.com 217 of 350 Fannie Mae Form 1004 March 2005 1004_05UA0 12182015 Hancock Appraisal Company Attachment No. 3 Uniform Residential Appraisal Report File No. 17-216 22. I am aware that any disclosure or distribution of this appraisal report by me or the lender/client may be subject to certain laws and regulations. Further, I am also subject to the provisions of the Uniform Standards of Professional Appraisal Practice that pertain to disclosure or distribution by me. 23. The borrower, another lender at the request of the borrower, the mortgagee or its successors and assigns, mortgage insurers, government sponsored enterprises, and other secondary market participants may rely on this appraisal report as part of any mortgage finance transaction that involves any one or more of these parties. 24. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. 25. Any intentional or negligent misrepresentation(s) contained in this appraisal report may result in civil liability and/or criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Section 1001, et seq., or similar state laws. SUPERVISORY APPRAISER'S CERTIFICATION: The Supervisory Appraiser certifies and agrees that: 1. I directly supervised the appraiser for this appraisal assignment, have read the appraisal report, and agree with the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 2. I accept full responsibility for the contents of this appraisal report including, but not limited to, the appraiser's analysis, opinions, statements, conclusions, and the appraiser's certification. 3. The appraiser identified in this appraisal report is either a sub -contractor or an employee of the supervisory appraiser (or the appraisal firm), is qualified to perform this appraisal, and is acceptable to perform this appraisal under the applicable state law. 4. This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and promulgated by the Appraisal Standards Board of The Appraisal Foundation and that were in place at the time this appraisal report was prepared. 5. If this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are defined in applicable federal and/or state laws (excluding audio and video recordings), or a facsimile transmission of this appraisal report containing a copy or representation of my signature, the appraisal report shall be as effective, enforceable and valid as if a paper version of this appraisal report were delivered containing my original hand written signature. APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name Stephen . Hancock Name Company Name Hancock Appraisal Company Company Name Company Address 2358 University Avenue Company Address San Diego, CA 92104 Telephone Number 619-886-8995 Telephone Number Email Address HancockS1974@gmail.com Email Address Date of Signature and Report 07/04/2017 Date of Signature Effective Date of Appraisal 07/04/2017 State Certification # State Certification # AR026240 or State License # or State License # State or Other (describe) State # Expiration Date of Certification or License State CA Expiration Date of Certification or License 10/13/2018 ADDRESS OF PROPERTY APPRAISED 420 W 21 st St National City, CA 91950-6513 SUBJECT PROPERTY o Did not inspect subject property o Did inspect exterior of subject property from street Date of Inspection APPRAISED VALUE OF SUBJECT PROPERTY $ 355,000 o Did inspect interior and exterior of subject property Date of Inspection LENDER/CLIENT Name N/A Company Name N/A Company Address N/A N/A COMPARABLE SALES o Did not inspect exterior of comparable sales from street o Did inspect exterior of comparable sales from street Date of Inspection Email Address Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced us gAC I soMvare, 800.254.8727 www.aciweb.com Hanco 218 of 350 mpany Fannie Mae Form 1004 March 2005 1004_0511AD 12182015 Hancock Appraisal Company Uniform ResidentialAppraisalReport Attachment No. 3 Fite No. 17-216 FEATURE -1 SUBJ ECT COMPARABLE SALE NO. 4 COMPARABLE SALE NO. 5 COMPARABLE SALE NO. 6 420 W 21 st St Address National City, CA 91950-6513 2034 E Ave National City, CA 91950 425 E 16th St National City, CA 91950 Proximity to Subject r 0.57 miles NE 0.65 miles NE Sale Price $ $ 360,000 $ 395,000 $ Sale Price/G ross Liv. Area $ 0.00 sq. ft $ 514.29 sq. ft $ 523.87 sq. ft $ 0.00 sq. ft Data Source(s) f Sandicor#170020789;DOM 7 Sandicor#170018895;DOM 89 Verification Source(s) i Doc #244341/Public Records Public Records VALUE ADJUSTMENTS DESCRIPTION DESCRIPTION *(-)$ Adjustment DESCRIPTION *I -)$Adjustment DESCRIPTION t(-)$Adjustment Sale or Financing Concessions ArmLth Conv;0 Listing ;0 Date ofSate/Time 1 s05/17;c05/17 c05/17 Location N;Res; N;Res; N;Res; Leasehold/Fee Simple Fee Simple Fee Simple Fee Simple Site 5835 sf 5240 sf 0 3791 sf 0 View N;Res; N;Res; N;Res; Design(Style) DT1;Ranch DT1;Ranch DT1;Ranch Duality of Construction Q3 Q3 Q3 Actual Age 97 77 0 67 0 Condition C2 C2 C2 Above Grade Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Total Bdrms. Baths Room Count 4 2 1.0 4 2 1.0 4 2 1.0 G ross Living Area 50 825 sq. ft 700 sq. ft 6,300 754 sq. ft 3,600 sq. ft Basement&Finished Rooms Below Grade 0sf 0sf 0sf Functional Utility Average Average Average Heating/Cooling FWA none FWA none FWA none EnergyEfficientltems Ins Windows Ins Windows Ins Windows Garage/Carport 2dw 1gd2dw -5,000 1ga2dw -5,000 Porch/Patio/Deck Stoop/Patio Stoop/Patio Stoop/Patio Fireplace 0 F/P 0 F/P 0 F/P Fence/Spk Sys Fence Fence Fence Pool/Guest House None None None u NetAdjustment(Total) 0+ ❑- $ 1,300 0+ OX - $ 1,400 0+ 0- $ o a Adjusted Sate Price of C omparables NetAdj. 0.4% % Gross Adj. 3.1 % % $ 361,300 Net Adj. -0.4%% Gross Adj. 2.2% % $ 393,600 Net Adj. % Gross Adj. % $ a a ITEM SUBJ ECT COMPARABLE SALE NO. 4 COMPARABLE SALE NO. 5 COMPARABLE SALE NO. 6 o ill ce Date of Prior Sate/Transfer 02/29/2016 07/05/2016 Price of PriorSate/Transfer 182000 185000 cLData Source(s) County Records County Records County Records o Effective Date of Data Source(s) 07/04/2017 07/04/2017 07/04/2017 r,u J Summary of Sates Comparison Approach Comparable 5 is a current listing in the subject's neighborhood . a N Freddie Mac Form 70 March 2005 UAD Version 9/2011 Produced using ACI software, 800.234.8727 www.ad seb.com 219 of 350 Fannie Mae Form 1004 March 2005 1004_OS1IAD 12182015 Hancock Appraisal Company Uniform Appraisal DatasetDefinitions Attachment No. 3 File No. 17-216 Condition Ratings and Definitions C 1 The improvements have been very recently constructed and have not previously been occupied. The entire structure and all components are new and the dwelling features no physical depreciation.' "Note: Newly constructed improvements that feature recycled materials and/or components can be considered new dwellings provided that the dwelling is placed on a 100% new foundation and the recycled materials and the recycled components have been rehabilitated/re-manufactured into like -new condition. Recently constructed improvements that have not been previously occupied are not considered "new" if they have any significant physical depreciation (i.e., newly constructed dwellings that have been vacant for an extended period of time without adequate maintenance or upkeep). C 2 The improvements feature no deferred maintenance, little or no physical depreciation, and require no repairs, Virtually all building components are new or have been recently repaired, refinished, or rehabilitated. All outdated components and finishes have been updated and/or replaced with components that meet current standards. Dwellings in this category either are almost new or have been recently completely renovated and are similar in condition to new construction. "Note: The improvements representa relatively new property that is well maintained with no deferred maintenance and little or no physical depreciation, or an older property that has been recently completely renovated. C 3 The improvements are well maintained and feature limited physica[depreciation due to normal wear and tear. Some components, but not every major building component, may be updated or recently rehabilitated. The structure has been well maintained. "Note: The improvement is in its first -cycle of replacing short-lived building components (appliances, floor coverings, HVAC, etc.) and is being well maintained. Its estimated effective age is less than its actual age. It also may reflect a property in which the majority ofshort-livedbuilding components have been replaced but not to the level of complete renovation. C 4 The improvements feature some minor deferred maintenance and physical deterioration due to normalwear and tear. The dwelling has been adequately maintained and requires only minimal repairs to building components/mechanicalsystems and cosmetic repairs. All major building components have been adequately maintained and are functionally adequate. "Note: The estimated effective age may be close to or equal to its actual age. It reflects a property in which some of the short-lived building components have been replaced, and some short-lived building components are at or near the end of their physical life expectancy; however, they still function adequately. Most minor repairs have been addressed on an ongoing basis resulting in an adequately maintained property. C 5 The improvements feature obvious deferred maintenance and are in need of some significant repairs. Some building components need repairs, rehabilitation, or updating. The functional utility and overall livability is somewhat diminished due to condition, butte dwelling remains useable and functional as a residence. 'Note: Some significant repairs are needed to the improvements due to the lack of adequate maintenance. It reflects a property in which many of its short-lived building components are at the end of or have exceeded their physical life expectancy but remain functional C 6 The improvements have substantialdamage or deferred maintenance with deficiencies or defects that are severe enough to affect the safety, soundness, or structural integrity of the improvements. The improvements are in need of substantia [repairs and rehabilitation, including many or most major components. 'Note: Substantial repairs are needed to the improvements due to the lack of adequate maintenance or property damage. It reflects a property with conditions severe enough to affect the safely, soundness, orstructural integrity of the improvements. Quality Ratings and Definitions Q1 Dwellings with this quality rating are usually unique structures that are individuaEy designed by an architect fora specified user. Such residences typically are constructed from detailed architectural plans and specifications and feature an exceptionally high levelofworkmanship and exceptionally high-grade materials throughout the interior and exterior of the structure. The design features exceptionally high -quality exterior refinements and ornamentation, and exceptionally high -quality interior refinements. The workmanship, materials, and finishes throughout the dwelling are of exceptionally high quality. Q2 Dwellings with this quality rating are often custom designed for construction on an individual property owner's site. However, dwellings in this quality grade are also found in high -quality tract developments featuring residences constructed from individual plans or from highly modified or upgraded plans. The design features detailed, high -quality exterior ornamentation, high -quality interior refinements, and detail The workmanship, materials, and finishes throughout the dwelling are generally of high or very high quality. Q3 Dwellings with this quality rating are residences of higher quality built from individual or readily available designer plans in above -standard residentialtract developments or on an individual property owner's site. The design includes significant exterior ornamentation and interiors that are wellfinished. The workmanship exceeds acceptable standards and many materials and finishes throughout the dwelling have been upgraded from "stock" standards. Q4 DweWngs with this quality rating meet or exceed the requirements of applicable building codes. Standard or modified standard building plans are utilized and the design includes adequate fenestration and some exterior ornamentation and interior refinements. Materials, workmanship, finish, and equipment are of stock or builder grade and may feature some upgrades. Q5 Dwellings with this quality rating feature economy of construction and basic functionality as main considerations. Such dwellings feature a plain design using readily available or basic floor plans featuring minimal fenestration and basic finishes with minimal exterior ornamentation and limited interior detail These dwellings meet minimum building codes and are constructed with inexpensive, stock materials with limited refinements and upgrades. Q6 Dwellings with this quality rating are of basic quality and lower cost; some may not be suitable for year-round occupancy. Such dwellings are often built with simple plans or without plans, often utilizing the lowest quality building materials. Such dwellings are often built or expanded by persons who are professionally unskilled or possess only minimal construction skills. Electrical, plumbing, and other mechanical systems and equipment may be minimal or non-existent. Older dwellings may feature one or more substandard or non -conforming additions to the originalstructure. Definitions of Not Updated, Updated, and Remodeled Not U pdated Little or no updating or modernization. This description includes, but is not limited to, new homes. Residential properties of fifteen years of age or less often reflect an original condition with no updating, if no major components have been replaced or updated. Those over fifteen years of age are also considered not updated if the appliances, fixtures, and finishes are predominantly dated. An area that is 'Not Updated' may still be well maintained and fully functional, and this rating does not necessarily imply deferred maintenance or physica l/functiona [deterioration. Updated The area of the home has been modified to meet c urrent market expectations. These modifications are limited in terms of both scope and cost. An updated area of the home should have an improved took and feel, or functional utility. Changes that constitute updates include refurbishment and/or replacing components to meet existing market expectations. Updates do not include significant alterations to the existing structure. Remodeled S ignificantfinis h and/or structuralc hanges have been made that increase utility and appealthrough complete replacementand/or expansion. A remodeled area reflects fundamental changes that include multiple alterations. These alterations may include some or all of the following: replacement of major component (cabinet(s), bathtub, or bathroom tile), relocation of plumbing/gas fixtures/appliances, significant structural alterations (relocating walls, and/or the addition of square footage). This would include a complete gutting and rebuild. Explanation of Bathroom Count The number offulland half baths is reported by separating the two vaWes by a period. The full bath is represented to the left of the period. The half bath count is represented to the right of the period. Three-quarter baths are to be counted as a full bath in all cases. Quarter baths (baths that feature only toilet) are not to be included in the bathroom count UAD Version 9/2011 Produced using ACI software, 900.234.8727 www.acrweb.com Uniform Appraisal D atas et Definitions 220 of 350 1004_OS1.1AD 12182015 Hancock Appraisal Company Uniform Appraisal Datas et Definitions Attachment No. 3 File No. 17-216 Abbreviations Used in Data Standardization Text Abbrev. ac AdjPrk AdjPwr A ArmLth AT ba br B BsyRd cp Cash CtySky CtyStr Comm Cony cv C rtO rd DOM DT dw Estate e FHA g ga gbi gd GR GlfCse G tfvw HR Ind FullName Acres Adjacent to Park Adjacent to Power Lines Adverse Arms Length Sate Attached Structure Bathroom(s) Bedroom Beneficial Busy Road Carport Cash City View Skyline View City Street View Commercial Influence Contracted Date Conventional Covered Court Ordered Sale Days On Market Detached Structure Driveway Estate Sate Expiration Date Federal Housing Authority Garage Garage - Attached Garage - Built-in Garage - Detached Garden Structure Golf Course Golf C ourse View High Rise Structure Industrial Appropriate Fields Area, Site Location Location Location &View Sale or Financing Concessions Design(Style) Basement & Finished Rooms Below Grade Basement & Finished Rooms Below Grade Location &View Location Garage/Carport Sale or Financing Concessions View View Location Date of Sale/Time Sale or Financing Concessions Garage/Carport Sale or Financing Concessions Data Sources Design(Style) Garage/Carport Sale or Financing Concessions Date of Sale/Time Sale or Financing Concessions Garage/Carport Garage/Carport Garage/Carport Garage/Carport Design(Style) Location View Design(Style) Location &View Abbrev. in Lndfl LtdSght Listing MR Mtn N NonArm op 0 0 P rk Pstrl PwrLn PubTrn rr R elo REO Res RT RH SD Short sf sqm Unk VA wo wu WtrFr Wtr w Woods FullName Interior Only Stairs Landfill Limited Sight Listing Mid -Rise Structure Mountain View Neutral Non -Arms Length Sate Open Other Other Park View Pastoral View Power Lines Public Transportation Recreational(Rec) Room Relocation Sale REO Sale Residential Row or Townhouse RuratHousing - USDA Semi-detached Structure Settlement Date ShortSale Square Feet Square Meters Unknown Veterans Administration Walk 0ut Basement Walk Up Basement Water Frontage Water View Withdrawn Date Woods View Appropriate Fields Basement & Finished Rooms Below Grade Location View Sale or Financing Concessions Design(Style) View Location &View Sale or Financing Concessions Garage/Carport Basement & Finished Rooms Below Grade Design(Style) View View View Location Basement & Finished Rooms Below Grade Sale or Financing Concessions Sale or Financing Concessions Location &View Design(Style) Sale or Financing Concessions Design(Style) Date of Sale/Time Sale or Financing Concessions Area, Site, Basement Area, Site, Basement Date of Sale/Time Sale or Financing Concessions Basement & Finished Rooms Below Grade Basement & Finished Rooms Below Grade Location View Date of Sale/Time View Other Appraiser -Defined Abbreviations Abbrev. FullName Appropriate Fields Abbrev. FullName Appropriate Fields UAD Version 9/2011 Produced using AC I software, 00.234.8727www.aciweb.com Uniform Appraisal Dataset Definitions 221 of 350 1004_05UAD 12182015 Attachment No. 3 Market Conditions Addendum to the Appraisal Report Fite No. 17-216 The purpose of this addendum is to provide the lender/clientwith a clear and accurate understanding of the market trends and conditions prevalent in the subject neighborhood. This is a required addendum for all appra isa l reports with an effective date on or afterAprill, 2009. Property Address 420 W 21st St City National City State CA zip Code 91950-6513 Borrower Isfahan Inc Instructions: The appraiser must use the information required on this form as the basis for his/her conclusions, and must provide support for those conclusions, regarding housing trends and overall market conditions as reported in the Neighborhood section of the appraisal report form. The appraiser must fill in all the information to the extent it is available and reliable and must provide analysis as indicated below. If any required data is unavailable or is considered unreliable, the appraiser must provide an explanation. It is recognized that not all data sources will be able to provide data for the shaded areas below; if it is available, however, the appraiser must include the data in the analysis. If data sources provide the required information as an average instead of the median, the appraiser should report the available figure and identify it as an average. Sates and listings must be properties that compete with the subject property, determined by applying the criteria that would be used by a prospective buyer of the subject property. The appraiser must explain any anomalies in the data, such as seasonal markets, new construction, foreclosures, etc. Inventory Analysis Prior 7-12 Months Prior 4-6 Months Current-3 Months OveralTrend Total# of Comparable Sales (Settled) 15 9 5 Increasing Stable X Declining Absorption Rate (TotalS a Les/Months) 2.50 3.00 1.67 Increasing Stable X Declining Total# of Comparable Active Listings 1 9 Declining X Stable Increasing Months of Housing Supply (Total Listings/Ab.Rate) 5.39 Declining X Stable Increasing Median Sate & List Price, DOM,Sale,List% Prior 7-12 Months Prior 4-6 Months Current-3 Months OverallTrend Median Comparable Sale Price 326,000 350,000 341,000 OX Increasing Stable (� Declining Median Comparable Sates Days on Market 13 8 14 D Declining X Stable n Increasing Median Comparable List Price 341,000 O Increasing X Stable Declining Median Comparable Listings Days on Market 13 Declining © Stable Increasing z Median Sate Price as % of List Price 102.00% 102.00% 100.00% Increasing © Stable Declining a di Seller- develo er, builder, financialassistance revalent. Yes ( p etc.)paidprevalent?Declining No © Stable Increasing g �_,, I. Explain in detail the seller concessions trends for the past 12 months (e.g., seller contributions increased from 3% to 5%, increasing use of buydown , closing costs, condo fees, options, etc.). It is typical for seller to play closing cost w Ln w w i- w ce a f Are foreclosure sales (REO sales) a factor in the market? O Yes XO No If yes, explain (including the trends in listings and sales of foreclosed properties). Cite data sources for above information. Data Points for this report was houses with 2 bedrooms and 1 baths and located in the 91950 zip code. Summarize the above information as support for your conclusions in the Neighborhood section of the appraisal report form. If you used any additional information, such as an analysis of pending sales and/or expired and withdrawn listings, to formulate your conclusions, provide both an explanation and support for your conclusions. Overall values have increased in the last 12 months. Supply and demand are in balance. If the subject is a unit in a condominium or cooperative project, complete the following: Project Name: Subject Project Data Prior 7-12 Months Prior 4-6 Months Current-3 Months OverallTrend Total# of Comparable Sales (Settled) Increasing Stable n Declining Absorption Rate (TotalSales/Months) H Increasing E Stable S J Declining Total# of Active Comparable Listings O Declining Stable Increasing Months of Unit Supply (TotalListings/Ab. Rate) O Declining Stable Increasing r u w Are foreclosure sales (REO sates) a factor in the project? O Yes No If yes, indicate the number of REO listings and explain the trends in 'stings and sales of foreclosed properties. O ce a a 0 0 u 0 0 Z o Summarize the above trends and address the impact on the subject unit and project. rr IA iz a a APPRAISER SUPERVISORY APPRAISER (ONLY IF REQUIRED) Signature Signature Name Stephen . Hancock Name Company Name Hancock Appraisal Company Company Name Company Address 2358 University Avenue Company Address San Diego, CA 92104 State License/Certification #AR026240 State CA State License/Certification # State Email Address HancockS1974@gmail.com Email Address Freddie Mac Form 71 March 2009 Produced using A 222 of 350 Fannie Mae Form 1004MC March 2009 1004MC 2009090909 DIMENSION LIST ADDENDUM Attachment No. 3 Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 GROSS BUILDING AREA (GBA) GROSS LIVING AREA (GLA) 825 825 Area(s) Area %ofGLA %ofGBA Living 825 100.00 Level 1 825 100.00 100.00 Level2 0 0.00 0.00 Level3 0 0.00 0.00 Other 81 9.82 9.82 GBA Basement O 0 Garage O 0 O Area Measurements Area Type Measurements Factor Total Levell Level2 Level3 Other Bsmt. Garage 28.00 x 27.00 x 1.00 = 756.00 DX D D D 00000000000000000000000000000000000000000000000000000 00000000000000000000000000000000000000000000000000000 14.00 x 3.00 x 1.00 = 42.00 DX D D D 9.00 x 3.00 x 1.00 = 27.00 DX D D D X X = O O D D X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DODD X X = DODD X X = O D D D X X = DODD X X = DODD X X = DODD X X = O D D D X X = DODD X X = DODD X X = DOOD X X = OODD X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DOOD X X = DODD X X = O D D D X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DODD X X = DODD X X = OODD X X = DODD X X = DODD X X = DODD X X = OODD X X = OODD Produced using ACI software, 800.234.8727 www.aciweb.com 223 of 350 DIM 10072013 SUBJ ECT PROPERTY PHOTO ADDENDUM Borrower: Isfahan Inc Address: 420 W 21st St File No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A FRONT VIEW OF SUBJ ECT PROPERTY Date: July 4, 2017 Appraised Value: $ 355,000 REAR VIEW OF SUBJ ECT PROPERTY STREET SCENE 224 of 350 COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: Isfahan Inc Address: 420 W 21st St File No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A COMPARABLE SALE #1 1838 Wilson Ave National City, CA 91950 Sale Date: s04/17;c04/17 Sale Price: $ 341,000 COMPARABLE SALE #2 1726 Harding Ave National City, CA 91950 Sale Date: s02/17;c12/16 Sale Price: $ 310,000 COMPARABLE SALE #3 516 E 24th St National City, CA 91950 Sale Date: s08/16;c06/16 Sale Price: $ 360,000 225 of 350 COMPARABLE PROPERTY PHOTO ADDENDUM Borrower: Isfahan Inc Address: 420 W 21st St File No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A COMPARABLE SALE #4 2034 E Ave National City, CA 91950 Sale Date: s05/17;c05/17 Sale Price: $ 360,000 COMPARABLE SALE #5 425 E 16th St National City, CA 91950 Sale Date: c05/17 Sale Price: $ 395,000 COMPARABLE SALE #6 Sale Date: Sale Price: $ 226 of 350 Borrower: Isfahan Inc Address: 420 W 21st St File No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A Side View Side View Living Room Produced using A 227 of 350 PHT3 05212013 Borrower: Isfahan Inc Address: 420 W 21st St File No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A Kitchen Bedroom Bedroom Produced using AC PHT305212013 228 of 350 Borrower: Isfahan Inc Address: 420 W 21st St File No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A Tankless Water Heater CO alarm & Smoke alarm Produced using AC PHT305212013 229 of 350 Borrower: Isfahan Inc Address: 420 W 21st St Fite No.: 17-216 Case No.: Attachment No. 3 City: National City St: CA Zip: 91950-6513 Lender: N/A Crawl space Storage building Produced using AC 230 of 350 a PHT3 05212013 Attachment No. 3 FLOORPLAN SKETCH Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 Lender: N/A s.e,gyacmn b 6.0' co Deck 30.0' b Nook Bedroom Kitchen Bath Living Room Bedroom 3.0' q Lri 3.0' 6.0' 30.0' 0 j Cv I o CM 1 Pch i M 3.0' Comments: AREA CALCULATIONS SUMMARY Code Description Size Net Totals LIVING AREA BREAKDOWN Breakdown Subtotals GLA1 First Floor 825.00 P/P Porch 9.00 deck 72.00 TOTAL LIVABLE (rounded) 825.00 81.00 825 First Floor 27.0 x 28.0 3.0 x 14.0 3.0 x 9.0 3 Calculations Total (rounded) 756.00 42.00 27.00 825 231 of 350 Attachment No. 3 PLAT MAP Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 Lender: N/A S59-121-1213 0 LK !AEA i i 4) o) j ii kl 11 ; PI t 3. 0 NT € tiRST,0.-tE Is J HARINCiFt DR. 1 t•- 0 rl .,„ 711 I,' • ,,,1C , 1.0 L..; "-Ittrritni-,1 1 I Et•--r.i '1 ,,1 . .--, _ I.,fivIn.ilf , ..1.7.,1 eT_PLFDIL,_10.04,, 1-1 31 i • I-- i ' .1g .„ 41 •,.. .4,...,-, is° w . t., t • P I I IIN - . 0 ' .r. t;(7), t - 1 IX, 1 I , s'. - --... 1.- . "_. iii ' i• 1 i.,'''. a : 4 4 • - .-•:\ -, 1 ' -I ,t1 - 6 - • , - .4 .7 . ,. -6- r -6 ''...- — . \ Tiqg li 1V164,•)14 11 _ . . ._. • -1•11—r--/ I 1-- _ 1 1 5 -,-/- C„.!. r:.;" ',,;.• ' I ci .1- c 1,0,;_i' c• c. I 41' I It!' I 1 1011 .... -.- --, - § — —" T " - ITLfir. ,.. '' ! I I.4 IL 5 5 h • ;. I 0 r 4 •, I . 1 .h.' ..., 'I 1 at; I 1 Stibieer I.J 1 I 1.u_._ . - L-I - . 1,.. 1 vr..11.q.E4 Lc NIE N 7, d ir .11.4 ._ 74. 4.444 13 L4 •;4 44:1 cia IV I } _. CA x ri -1 -c 42 PI -.1 i 1 '' 00 a lL .41. 11 I I I rti ii IN a 4 .'; . ri •t_ i _3:11', T.,T4. ,, .. . I I I I I .t, I L L L .1.75 • I. '.I at 'Y., r . I _ I I i 1 I I 14 (77-1 1 I I '''. 4 - cr. -, s . lc •• c• — .4.ji(-7; Will 11 ii • ....T 14 ccccc rcm . • -.. 1T9 • .., , l. C. 76. a.. .' I I II, 1 II i I I I '..1 "; ...yo I. '*.. .."'"4' ' c. i I 1,- i iloJ "'" -ni -4-"' -I ri,1 „ 0 • I, 61 a -I A. —. . PI Cla "MIN_ 1171.3E. '4' a &ON • 7 — 91111313113313a q P.. ::'. f ' 'A a m U AJa 1 1 Bit 1113:'id' i i :4 'i 'it' Fz4, .Eiataigamen:. _ EasumNAL .... LOB11113111101t311g49 • 232 of 350 Attachment No. 3 LOCATION MAP Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 Lender: N/A 15,.. a..... r• '. GI ra. 91 iEta St -f. w Bid,' St Norciico AvE. N r, \ ',V5''' I' S k...e, 0 57 - _ 4 1-2, CA• cA 'Et51 - eu- st , ti-.,,,s.... '...,venth StO'ect Cho n no' Comparable Sale 2 S....C.. -'.•- i ,4,4 s.,,,, . • 0 1726 Hardng Ave '..- 0.23 miles NI Ci ?, National City, CA91950W 5 cr.. -.0 0- , ,,,, ,. e- - .-"' A, ,..._ ,_ - .i, r-s 3', ...r. National cr, Te: -1 .± Sale 1 Ave CA91950 NW .c, ..... 7., <e- 4.- 11- ea _,Y 4,, .. -p- .... 7 to (t, r" .4 City ez, .,-. --,- %.10.1- ;-:-., - 7 0 'P; 1. Comparable 425 E National 0.65 C1' ..57 '...---',- -.:... ...‘5 7 ..,,, sk. -r, VII „ . . TA 2... 17 '7 et. I-1 cel -..,-- ---.- .... M cD lt'\ S' .Eit'Ck ''5 01 ri r_ ''' 3 -. f.c •.•5-.. 4 ,.., . ,6 .,ti E PT3 c3'' c cm. ci -v '.4 7 , _ c.....,,o:r,,_ .'" _,,,,,qt• Sale 5 ',VO C- ' 16th St -s3 City, C:A 91 951:1 , 0 ??. miles NE -7 l- 4 ei' 31 .-7 '7 ,(,-.0-r‘ •-• St .-t'?I''' , CA ?.. 7:731-'-' b 94" 'i-- - .-- ' ;' F .-- .- " .`:;.-... von .Z i .,..- 7 cA r-- 7 ..i.. 7507' ' 1K. 7 4, eD UrtiOr High School ,_ -,-, To j .-,-., Et.:„.i 77 s6e4' 4 0„,,NE:5 % G) 11 rt .,.., Chula Vista Dmv 0 r'z' S 05' r.A. 0 ,,i.,S\ Lrk .,..,. .'"7.- Map data i2017. Qoogle 70 — , . , .....1: St. c.11. Comparable 1838 Wilson Sk National City, il 1 , 5 .F; ,. 6,619%. 0.17 miles 11 1 ,,,...-.ed ,, N u... -tr - 7. -P e.) 9... ' •'-''' c-t• tv c".. ...N . ? `"2- z. ..pi ...c.:::_:. •E .,-- z %-274 .P. )s‘Gt .... 4 ,011,,40 -, Comparable s.t 1 1-' 2034 National s- 0.57 co •:*.4 - \IN ,i 1 i CIFII''' ..k. : .._, th'Sco- .J.-: 7-r) 1'i: m ra '• 4 em ' , iv (v Subject I 420 W 21st St National City, CA 91950-6513 4 ,,,i ,_ 5%. __ ,e-./N-,. a s Sale 4 E Ave City, CA 91950 miles NE , Comparable "S" ''-• 516 E Z (t National 0.64 et-- - .44 svco -..' c.r...,.,.., o_ W 3:3.( •64 S% eSWeetWatET W.t. Sale 3 24th St City, CA 91950 miles NE z ,t, ,,.22,,,o.sk etsr„ItC SVe @ ,-;;:,., ,,, or..... ,...,. c.v.- r..ese:''''s „ ... '-.•., .. ..t w. ,f, , . 4.1s.,2756st Pepper Park :77 „ ,,2 Google J-ara CI iSes:'? 233 of 350 09E10 -12:E . W . Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 Lender: N/A -) ' --'--. \ ‘, . • :b., .::... _-_ ' :•-....- ' %:, ..• ..- .-:',-•:•• - .-..., .-- - -4-•n 5' ' '`. ......, • I ell"' ....:-!i ) ZS ,., -4`14u -.. ....... .4g 1 • ,..0 , '..P., %et .;-• , uldiz ot* li., tt.... 7..r..06 . to e ''' t.,..it6ii.'' r , 1E1, ,.,Izi.L.LItlii:s it d1liirni.1 iiiid Cr'. ,,..4.9"11.: ir-1-. ( L'I 111_,1111 li I WO \ '4111qt 11.1/"Z REAL ill; is. 111:Ln WO '411/4,1 ilw t1),:inclort:. ''..MrII 1,', Hit lil I', I' At moiroylimi, N illi."-,‘, 1 ()F ESTA ci-iiil led 11 .1-1.1.1Nik!,111N.,,..: III Ir. . tonc.1,1111C1 10, 'Ai 1 _.1.11 /1".`,..1 :',. I li RI' I"L: epheilHancock ,,... 0'.., '''',.._ Al_ APPRAISER .iii,,, rd..' Ow II 1... 16." 141C1j:1 'AM 114 11%-.1 A1111 i 1__STATE NV. tt, IL,'N 1:-+ I pi lc: tj( .1 n.:rkicrili.!1 11 I .... ,1I)1 iv, -:.,1,•0°,-- °Iiik I I rcil Lill.: HI I ik111',11rg ,1 1121-1.11 i ,- I „trim .,\PPRAISERS !L'...1 1111. ;.: 1 .,1,111..- cnt_k",k: Kt I1,: 11,111 LICENSE J11 . ;Lirpriii-,cr -.1,,, ()1 I It_ t I I 'lit t 1 ,1 4, kr11.1,-V11"-.521',. : .. iii It 1 2, i -ft` 14 ;hi:: Sit c: it I . 11)16 , :11! ,••`. I i, I ,.. . ., .,., .. •,. ! ' r . i.'• it:1/411,1k .. 1 ir V.: lourorrir C-0 MrtliAS A TOW VilliTEmbutt4 - tooLD lar. To, Litze To sE 'osAIN LINK -- -- -- c .oN wewt.peTIV Attachment No. 3 E and 0 Isfahan Borrower: Inc File No.: 17-216 Property: Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 Lender: N/A I LA' LEXINGTON INSURArII CE COMPANY WILMINl iT{JN, DELA.WARE &Iterl ilri arr{ I Iflilw - 9u lice r Str!,:I. .r brr. 13, ih.sk,i, kl.su, u-4.-0.r 1)2r 10..#31 ie Certificate Number: This Certificate harms a part of Master Policy Member at 631#4M-0$ Renewal of linter Policy Number : 13193891876-03 0181891178412 YOUR RISK PURCHASING GROUP MASTER POLICY IS ACLAIMS MADE POLICY. READ THE ATTACHED MASTER POLICY CAREFULLY THE AMERICAN ACADEMY OF STATE CERTIFIED APFftAI3EIi S CERTIFICATE DECLARATIONS 1 Marne and Addresz of Ce-rtrfleate Holder Stephen 1t1''_ liar -mock dr4ta Hancock Appraisal Company 2358 University Avenue San Diego CA 2. Certificate Period:�21� festive Cale: OTl24J16 to Expiration Data: 07724117 12%01 a.rr local nits al Iris 4ddr,_ts, .I'tie Irsiirtp. 2a_ Retreaclive Dater 07124107 12:p1 a.rn Leal Tinsc. $4 the Aarircl i ur Ihn linurogl 3, Limit or Lability 1,a00,1001 each claim $ 1,,0C4 aggregate limit 4 Deductible: $Z,SOCI each cla>Irn 5, Professional Covered Services .1ll dried by ibis policy are: REAL, ESTATE ApFRAISAL SERVICES 5. Advance Cenitireate lin kler Premium_ 1. NIinirnirre Earned Premium_ 254 or $ ?41 Forma and Erad'sirmaricnls: IPRC, 31511 liana) Real' Estate Appraisers Frofe ssicnal Liability' Dealaraboris, PRO 35121:07712) Deal Estate Appralacrs ProFeer„ertel Liability Coverage Forte, PRC 2078 (133d16) Atlkhn7dum to the Dac aligns, S964A. i ra31 E nosc ; clorrEndorsement, 91222 (0213) gi+Yhpaler�U�, 118477 (oar Pdlc}tlolde,r Nome Additional Enderernenta applicable lc this Certificate only: Nene Agency Name aril Addrs: '. IFfTERCoRp, INC, ' 1+I39-P West Mahn Street Ephrata, PA 17522•1345 715 HEREBY UNDERSTOOD AND AGREED THAT THE CERTIFICATE HOLDER AGREES SET FORTH IN THE ATTACHED MASTER POLICY, TO ALL TERMS MID CONDITIONS AS ICY, THIS POLICY IS ISSUED $'YOUR RISK PURCHASING INSURANCE LAWS AND I;<EDULATIONS DP YOUR STATE STATE IH R4 CAE INNSOLVENCY GUARANTY FUNDS ARE NUT ,hI1.Al3LE FOR YOUR RISK is PURCHAS 3 GROUP N4SURER. rl County: San Diego Authorized Repreeentalive OR Count, ignatwe (in .9l t s where applrcaniej PRG 11. {7o d Dale: July 19, 2019 235 of 350 USPAP ADDENDUM Attachment No. 3 File No. 17-216 Borrower: Isfahan Inc Property Address: 420 W 21st St City: National City Lender: N/A County: San Diego State: CA Zip Code: 91950-6513 Reasonable Exposure Time My opinion ofa reasonable exposure time for the subject property at the market value stated in this report is: 90 days AdditionalCertifications 01 have performed NO services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment I HAVE performed services, as an appraiser or in another capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment Those services are described in the comments below. Inspected on 05/11/2017 AdditionalComments APPRAISER: Signature: Name: Stephen . Hancock Date Signed: 07/04/2017 State Certification #: AR026240 or State License #: or Other (describe): State: CA Expiration Date of Certification or License: 10/13/2018 Effective Date of Appraisal: 07/04/2017 SUPERVISORY APPRAISER (only if required): Signature: Name: Date Signed: State Certification #: or State License #: State #: State: Expiration Date of Certification or License: Supervisory Appraiser inspection of Subject Property: 0 Did Not 0 Exterior -only from street 0 Interior and Exterior Produced using AC I software, 800.234.8727 www.aciweb.com 236 of 350 USPAP_14NT 01062014 Attachment No. 3 AERIAL MAP Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: City: National City State: CA Zip: 91950-6513 Lender: N/A Iii.. - :' J �, clit s + .• ' r 7• t - - + } - '~- __•. t y 7C)O l.' ,�- it 'I ail ,.• . .:✓`r` ,_-� ►y -., -, • •f 1 �. y l yy ate: •� ' a ..� Ati , I M1 I •%� r' �I t'% y 'kR ray' I . Subject 420W21stSt National City, CA 91950-6513 . • 4 4. y' , t F JO I Y+'••,� I • -! it, ` ' II C • y i • _� '-`taIF 1 4 . 4 • .. i• � �r Fey: • . "�Fj �I x" 1. 1 A y . --' -.1. I _ • M1 , 4 .� �f'.,,, 'fi: .4' �. I .-. 'qi. , r,lap data ©2017 Goggle Imagery ©2017 237 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 238 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended May 31, 2017. (Finance) 238 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 ITEM TITLE: AGENDA ITEM NO.: Investment transactions for the month ended May 31, 2017. PREPARED BY: Ronald Gutlay DEPARTMENT: Finance�,A PHONE: 619-336-4346 APPROVED BY: L / 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 May 31, 2017. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED:L0ei. FINANCE APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION MIS STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended May 31, 2017. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Investment Transaction Ledger 239 of 350 City of National City Consolidated Account #10218 Transaction Ledger 4/30/17 Thru 5/31/17 Transaction Settlement Acq/Disp Type Date CUSIP a uanti ': curity Description -:rice Yield ACQUISITIONS Purchase 05/01/2017 60934N807 3,128.13 Purchase 05/02/2017 60934N807 64.94 Purchase 05/03/2017 60934N807 845.00 Purchase 05/06/2017 60934N807 2,835.00 Purchase 05/11/2017 60934N807 2,317.50 Purchase 05/20/2017 60934N807 3,700.00 Purchase 05/21/2017 60934N807 1,968.75 Purchase 05/27/2017 60934N807 3,575.00 Purchase 05/29/2017 60934N807 5,267.45 Purchase 05/31/2017 60934N807 500,000.00 Purchase 05/31/2017 60934N807 8,443.75 hase 05/31/2017 912828Q78 500,000.00 OSE Jo ObZ irity ribution Security Contribution Security Contribution Short Sale Subtotal 05/09/2017 90LAIF$00 05/30/2017 90LAIF$00 05/31/2017 90SDCP$00 Subtotal 05/31/2017 60934N807 Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. Federated Investors Govt Oblig Fund Inst. US Treasury Note 1.375% Due 4/30/2021 1.000 0.41 % 3,128.13 0.00 3,128.13 0.00 1.000 0.41 % 64.94 0.00 64.94 0.00 1.000 0.41 % 845.00 0.00 845.00 0.00 1.000 0.41 % 2,835.00 0.00 2,835.00 0.00 1.000 0.41 % 2,317.50 0.00 2,317.50 0.00 1.000 0.41 % 3,700.00 0.00 3,700.00 0.00 1.000 0.41 % 1,968.75 0.00 1,968.75 0.00 1.000 0.41 % 3,575.00 0.00 3,575.00 0.00 1.000 0.41 % 5,267.45 0.00 5,267.45 0.00 1.000 0.42 % 500,000.00 0.00 500,000.00 0.00 1.000 0.42 % 8,443.75 0.00 8,443.75 0.00 98.930 1.66 % 494,650.11 579.14 495,229.25 0.00 1,032,145.52 1,026,795.63 579.14 1,027,374.77 0.00 1,800,000.00 Local Agency Investment Fund State Pool 1.000 1,800,000.00 0.00 1,800,000.00 0.00 1,500,000.00 Local Agency Investment Fund State Pool 1.000 1,500,000.00 0.00 1,500,000.00 0.00 16,000.00 County of San Diego Pooled Investment 1.000 16,000.00 0.00 16,000.00 0.00 Pool 3,316,000.00 -495,229.25 Federated Investors Govt Oblig Fund Inst. Subtotal -495,229.25 3,316,000.00 0.00 3,316,000.00 0.00 1.000 -495,229.25 0.00-495,229.25 0.00 -495,229.25 0.00-495,229.25 0.00 TOTAL ACQUISITIONS 3,852,916.27 3,847,566.38 579.14 3,848,145.52 0.00 DISPOSITIONS Closing 05/31/2017 60934N807 -495,229.25 Federated Investors Govt Oblig Fund Inst. 1.000 -495,229.25 0.00-495,229.25 0.00 Purchase Subtotal -495,229.25 -495,229.25 0.00-495,229.25 0.00 Chandler Asset Management - CONFIDENTIAL Page 6 Execution Time: 6/20/2017 10:06:56 AM City of National City Consolidated Account #10218 Transaction Ledger 4/30/17 Thru 5/31/17 Transaction Settlement Acq/Disp Type Date CUSIP Quantity Security Description Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Sale 05/31/2017 60934N807 Subtotal Maturity 05/31/2017 912828SY7 Subtotal Security 05/05/2017 60934N807 Withdrawal Subtotal 495,229.25 Federated Investors Govt Oblig Fund Inst. 495,229.25 500,000.00 US Treasury Note 0.625% Due 5/31/2017 500,000.00 1.000 0.42 % 495,229.25 495,229.25 0.00 495,229.25 0.00 0.00 495,229.25 0.00 100.000 500,000.00 0.00 500,000.00 3,709.26 1,679.65 Federated Investors Govt Oblig Fund Inst. 1.000 1,679.65 500,000.00 0.00 500,000.00 3,709.26 1,679.65 0.00 1,679.65 0.00 1,679.65 0.00 1,679.65 0.00 TOTAL DISPOSITIONS 501,679.65 501,679.65 0.00 501,679.65 3,709.26 OTHER TRANSACTIONS ast ast 01 0 ast Interest Interest Interest Interest Interest Interest Interest Interest 05/01/2017 3137EADR7 05/03/2017 594918BFO 05/06/2017 037833AQ3 05/11/2017 3133EEJ50 05/20/2017 36962G6K5 05/20/2017 747525AG8 05/21/2017 3135G0WJ8 05/27/2017 3135G0YT4 05/29/2017 3130AABG2 05/31/2017 912828M98 05/31/2017 912828SY7 455,000.00 FHLMC Note 0.000 3,128.13 1.375% Due 5/1/2020 130,000.00 Microsoft Note 0.000 845.00 1.3% Due 11/3/2018 270,000.00 Apple Inc Note 0.000 2,835.00 2.1% Due 5/6/2019 450,000.00 FFCB Note 0.000 2,317.50 1.03% Due 5/11/2018 270,000.00 General Electric Capital Corp Note 0.000 2,160.00 1.6% Due 11/20/2017 220,000.00 Qualcomm Inc Note 0.000 1,540.00 1.4% Due 5/18/2018 450,000.00 FNMA Note 0.000 1,968.75 0.875% Due 5/21/2018 440,000.00 FNMA Note 0.000 3,575.00 1.625% Due 11/27/2018 565,000.00 FHLB Note 0.000 5,267.45 1.875% Due 11/29/2021 570,000.00 US Treasury Note 0.000 4,631.25 1.625% Due 11/30/2020 500,000.00 US Treasury Note 0.000 1,562.50 0.625% Due 5/31/2017 0.00 3,128.13 0.00 0.00 845.00 0.00 0.00 2,835.00 0.00 0.00 2,317.50 0.00 0.00 2,160.00 0.00 0.00 1,540.00 0.00 0.00 1,968.75 0.00 0.00 3,575.00 0.00 0.00 5,267.45 0.00 0.00 4,631.25 0.00 0.00 1,562.50 0.00 Chandler Asset Management - CONFIDENTIAL Page 7 Execution Time: 6/20/2017 10:06:56 AM , I City of National City Consolidated Account #10218 Transaction Ledger 4/30/17 Thru 5/31/17 Transaction Settlement Type Date CUSIP Security Description Acq/Disp Price Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest 05/31/2017 912828UB4 Subtotal Dividend 05/02/2017 60934N807 450,000.00 US Treasury Note 1% Due 11/30/2019 4,770,000.00 0.000 19,599.20 Federated Investors Govt Oblig Fund Inst. 0.000 Subtotal 19,599.20 2,250.00 0.00 32,080.58 0.00 64.94 0.00 2,250.00 0.00 32,080.58 0.00 64.94 0.00 64.94 0.00 64.94 0.00 TOTAL OTHER TRANSACTIONS 4,789,599.20 32,145.52 0.00 32,145.52 0.00 OEJo3tZ Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 6/20/2017 10:06:56 AM CC/CDC-HA Agenda 8/1/2017 — Page 243 The following page(s) contain the backup material for Agenda Item: Warrant Register #47 for the period of 05/17/17 through 05/23/17 in the amount of $1,710,351.94. (Finance) 243 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #47 for the period of 05/17/17 through 05/23/17 in the amount of $1,710,351.94. (Finance) PREPARED BY: K. Apa!ateguii DEPARTMENT: nce PHONE: 1619-336-4572 APPROVED BY: EXPLANATION: ;Per Government Section Code 37208, attached are the warrants issued for the period of 05/17/17 through 05/23/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Taser International Inc 329085 95,630.12 Axon Full Service License / Police Public Emp Ret System 5182017 417,997.92 Service Period 04/25/17 — 05/08/2017 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,710,351.94. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,710,351.94.i BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #47 244 of 350 I PAYEE KLOS, F MCDOUGAL LOVE ECKIS MCDOUGAL LOVE ECKIS NATIONAL CITY CAR WASH RIVERSIDE SHERIFFS DEPT RIVERSIDE SHERIFF'S DEPT SCHWARTZ SEMERDJIAN REGIONAL TRAINING CENTER ACE ELECTRIC INC ADMINSURE INC ALIGNMENT EXPRESS ALL THE KINGS FLAGS ASSOCIATION OF AQUATIC AT&T MOBILITY B & H PHOTO & ELECTRONICS CORP BARGAIN CENTER INC BAY SYSTEMS INC BDR COMMUNICATIONS BEST BEST & KRIEGER ATTNY LAW CALIFORNIA ASSOCIATION OF CALIFORNIA RESERVE PEACE CHILDREN'S HOSPITAL CITY OF LEMON GROVE CLEAN HARBORS CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COMPUTER PROTECTION TECH INC COUNTY OF SAN DIEGO COX COMMUNICATIONS CSAC EXCESS INS AUTHORITY DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF JUSTICE DIVISION 8 INCORPORATED DIXIELINE LUMBER CO DOUGHERTY, J FBI NATIONAL ACADEMY FEDEX GEOSYNTEC CONSULTANTS INC GOVCONNECTION INC GRAINGER HARRIS & ASSOCIATES INC HEALTH NET HUTCHINSON, C JJJ ENTERPRISES KAISER FOUNDATION HEALTH PLANS LAKESHORE LEARNING MATERIALS LASER SAVER INC LEHR AUTO ELECTRIC ",96B* L1l r1 WARRANT REGISTER #47 5/23/2017 DESCRIPTION TRAINING ADV SUB /RO T TRAINING i PG LIABILITY CLAIM COST LIABILITY CLAIM COST MOP# 72454 AUTO PARTS / FLEET PW TRAINING TUITION/ ROT KLOS / PD TRAINING TUITION ROT/CHELIUS / PD LEGAL SERVICE / CMO COMMUNICATING W/ TACT TRAINING/ NSD EL TOYON/LAS PALMAS PARK PROJECT PROFESSIONAL SERVICES - JUNE 2017 SHOP SUPPLIES AND BRACKETS / PW 5 AMERICAN FLAGS / POLICE GROUP AGENCY MEMBERSHIP 1 CSD AT&T WIRELESS/MARCH 2017 BINOCULARS / INVESTIGATION PD SAFETY SUPPLIES FOR STREETS CREW LABOR - LIFT EQUIPMENT FUNCTION / PW T&A#90183 REFUND PROFESSIONAL SERVICES / HR CACEO SEMINAR REGISTRATION / NSD CAL RESERVE ASSOCIATION SERVICES / PD SR2S PROJECT LIABILITY CLAIM COST CONTRACT SERVICES / ENGINEERING ALTERNATOR FOR CITY VEHICLE PURCHASE OF CHEMICAL POOL SUPPLIES PREVENTATIVE MAINTENANCE REGIONAL COMMUNICATIONS SYSTEM/APRIL 2017 COX CABLE SERVICES/MAY 2017 CONTRACT SERVICES / MIS COBRA PREMIER DENTAL INS /APRIL 2017 COBRA DENTAL INS PMI / APRIL 2017 INVESTIGATIVE SERVICES - APRIL CITY WIDE ON SITE GLASS AND WINDOW REPAIR MOP 45707 OFFICE SUPPLIES/ENGINEERING TRAINING REIMB RACIAL PROFILING / PD FBINNA DUES / ESPITIRU / PD MAILING SERVICES / HOUSING 2010 HAFFLY AVENUE PROJECT DISPATCH MONITOR / PD MOP 65179. SUPPLIES FOR FACILITIES / PW PARADISE CREEK SEWER PROJECT HEALTH NET / R1192 Q / APRIL 2017 TRAVEL REIMB / MILEAGE 12 VOLT BATTERY / PW KAISER RETIREE INS / COBRA / APRIL 2017 PLAY FOOD / COMMUNITY PLAY TOYS / CSD MOP #45725/PRINTER TONER & REPAIR/MIS STORAGE BOX I 245 of 350 >ION 1/3 CHK NO DATE AMOUNT 329003 5/23/17 384.00 329004 5/23/17 777.00 329005 5/23/17 35.00 329006 5/23/17 615.00 329007 5/23/17 160.00 329008 5/23/17 160.00 329009 5/23/17 2,592.00 329010 5/23/17 150.00 329011 5/23/17 10,212.50 329012 5/23/17 6,948.33 329013 5/23/17 1,920.73 329014 5/23/17 330.27 329015 5/23/17 150.00 329016 5/23/17 401.01 329017 5/23/17 862.32 329018 5/23/17 387.70 329019 5/23/17 95.00 329020 5/23/17 445.03 329021 5/23/17 83.70 329022 5/23/17 384.00 329023 5/23/17 1,056.00 329024 5/23/17 24,035.07 329025 5/23/17 5,528.98 329026 5/23/17 732.87 329027 5/23/17 1,781.25 329028 5/23/17 450.61 329029 5/23/17 3,700.00 329030 5/23/17 8,250.00 329031 5/23/17 3,619.32 329032 5/23/17 4,509.38 329033 5/23/17 45.22 329034 5/23/17 71.94 329035 5/23/17 224.00 329036 5/23/17 3,756.00 329037 5/23/17 75.00 329038 5/23/17 347.86 329039 5/23/17 100.00 329040 5/23/17 74.81 329041 5/23/17 1,336.94 329042 5/23/17 3,460.42 329043 5/23/17 383.67 329044 5/23/17 7,762.50 329045 5/23/17 638.26 329046 5/23/17 11.34 329047 5/23/17 37.71 329048 5/23/17 1,574.88 329049 5/23/17 1,252.28 329050 5/23/17 397.67 329051 5/23117 564.54 PAYEE LOPEZ, J LUCAS, M MADAMBA, J MAN K9 INC MATLOCK, J MUNICIPAL MAINTENANCE EQUIP NATIONAL CITY CHAMBER NATIONAL CITY CHAMBER NATIONAL CITY ELECTRIC OFFICE SOLUTIONS BUSINESS PACIFIC TELEMANAGEMENT SERVICE PLAYCORE GAMETIME BIG TOYS & SUPPLY PROFORCE LAW ENFORCEMENT RED WING SHOES STORE RELY ENVIRONMENTAL SAFRAN MORPHOTRUST SAN DIEGO MIRAMAR COLLEGE SAN DIEGO POLICE EQUIPMENT SAN DIEGO UNION TRIBUNE SCST INC SHEPHARD, S SHOEMAKER,M SKILLPATH SEMINARS SOUTH COUNTY ECONOMIC STANICH, C STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS SUN, A SUPERIOR READY MIX SUTTER MEDICAL FOUNDATION SUTTER MEDICAL FOUNDATION SWEETWATER AUTHORITY TASER INTERNATIONAL INC THE COUNSELING TEAM THE HOME DEPOT CREDIT SERVICES U S BANK U S HEALTHWORKS VALLEY POWER SYSTEMS INC VERIZON WIRELESS VISION SERVICE PLAN WAXIE SANITARY SUPPLY WEST COAST ARBORISTS INC WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS EDD PUBLIC EMP RETIREMENT SYSTEM WARRANT REGISTER #47 5/23/2017 DESCRIPTION REIMBURSEMENT MILEAGE EDUCATION REIMBURSEMENT EDUCATION REIMBURSEMENT K9 PATROL MAINTENANCE / PD MEDIC REIMBURSEMENT EQUIPMENT SUPPLIES - FLEET MEMBERSHIP DUES 2017 / NCCC / COUNCIL NC CHAMBER CENTURION AWARDS / FLORES-CLARK CITY WIDE ONSITE ELECTRICAL CHAIR / HR PAY PHONES/MAY 2017 FITNESS EQUIP SITE MAKEOVER-CASA & CAMACHO SIGHTS / PD SAFETY BOOTS / PW HAZARDOUS WASTE SERVICE INVESTIGATIVE SERVICES - APRIL POLICE REGIONAL ACADEMY PETTY CASH/PALUM AMMO/PD WESTSIDE MOBILITY PROJECT PLAZA B N AVE TO HIGHLAND PROJECT TRAINING REIMBURSEMENT CPT / PD MEDIC FEE REIMBURSEMENT SKILL PATH SEMINAR / MYR'S OFFICE / FLORES/CLARK 27TH ANNUAL ECONOMIC SUMMIT SILVER SPOONS TRAINING ADV SUB LODGE / PD MOP 45704. COPY PAPER FOR SENIOR CENTER/ CSD MOP #45704-DUPLICATING SUPPLIES -COPY PAPER MOP #61744ICOMPUTER SUPPLIES / MIS MEETING MILEAGE REIMBURSEMENT CONCRETE PURCHASE FOR STREETS MEDICAL SERVICES MEDICAL SERVICES FIRE STA. 33 SQUAD FAC. AXON FULL SERVICE LICENSE / POLICE EMPLOYEE SUPPORT SERVICE M12-360 INSPECTION CAMERA / PW CREDIT CARD EXPENSES / CSD MEDICAL SERVICES REPLACEMENT OF CLAMS AND FUEL RAIL / PW VERIZON WIRELESS/APRIL 2017 VISION SERVICE PLAN (CA) MAY 2017 MISCELLANEOUS JANITORIAL SUPPLIES, CONTRACTING SERVICES FOR TREE TRIMMING MOP #45763/ELECTRONIC SUPPLIES/MIS UNEMPLOYMENT INS 01/01/17 - 3/31/17 SERVICE PERIOI 246 of 350 /17 2/3 CHIC NO DATE AMOUNT 329052 5/23/17 19.90 329053 5/23/17 440.00 329054 5/23/17 827.25 329055 5/23/17 1,040.00 329056 5/23/17 56.50 329057 5/23/17 1,683.42 329058 5/23/17 200.00 329059 5/23/17 15.00 329060 5/23/17 2,790.00 329061 5/23/17 237.08 329062 5/23/17 78.00 329063 5/23/17 1,205.26 329064 5/23/17 3,290.28 329065 5/23/17 250.00 329066 5/23/17 1,177.00 329067 5/23/17 14.00 329068 5/23/17 8.00 329069 5/23/17 18,470.01 329070 5/23/17 534.84 329071 5/23/17 5,607.36 329072 5/23/17 84.29 329073 5/23/17 56.50 329074 5/23/17 149.00 329075 5/23/17 2,700.00 329076 5/23/17 914.03 329077 5/23/17 1,156.26 329078 5/23/17 948.84 329079 5/23/17 436.24 329080 5/23/17 15.72 329081 5/23/17 280.15 329082 5/23/17 264.00 329083 5/23/17 124.00 329084 5/23/17 1,867.00 329085 5/23/17 95,630.12 329086 5/23/17 800.00 329087 5/23/17 215.42 329088 5/23/17 950.91 329089 5/23/17 327.00 329090 5/23/17 5,930.07 329091 5/23/17 772.89 329092 5/23/17 692.42 329093 5/23/17 1,803.08 329094 5/23/17 27,911.70 329095 5/23/17 57.43 A/P Total 284,903.08 915929 5/19/17 7,537.00 5182017 5/18/17 417,997.92 f • 3/3 WARRANT REGISTER #47 5/23/2017 PAYEE DESCRIPTION PAYROLL Pay period Start Date 11 5/9/2017 End Date 5/22/2017 CHK NO DATE AMOUNT Check Date 5/31/2017 999,913.94 GRAND TOTAL $1,710,351.94 247 of 350 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. el MARK ROBERTS FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD I. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 l't OF AUGUST, 2017. AYES NAYS ABSENT 248 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 249 The following page(s) contain the backup material for Agenda Item: Warrant Register #48 for the period of 05/24/17 through 05/30/17 in the amount of $2,071,450.07. (Finance) 249 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #48 for the period of 05/24/17 through 05/30/17 in the amount of $2,071,450.07. (Finance) PREPARED BY: K. Apalateguij DEPARTMENT: PHONE: 619-336-4572 APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/24/17 through 05/30/17. Consistent with Department of Finance, listed below are ail payments above $50,000. Vendor Check/Wire Amount Explanation Nexus IS INC 329173 54,437.34 VOIP Phone System Project / MIS Project Professionals Corp 329182 85,205.90 Plaza Blvd. Widening Project SDG&E 329194 61,264.09 Wastewater — Gas & Electric Utilities South Bay Comm Services 329202 60,209.55 Expense Reimbursement / Housing City of San Diego 231006 1,447,937.00 Sewerage System 4th Qtr 04/01/17-6/30/17 FINANCIAL STATEMENT: APPROVED: ` A( Finance ACCOUNT NO. APPROVED: MIS Warrant total $2,071,450.07. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,071,450.07. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #48 I ZbU OT ibU I PAYEE THOMAS RIKE ADAMSON POLICE PRODUCTS ADMINSURE INC AEP CALIFORNIA LLC ALDEMCO ALPHA PROJECT FOR THE HOMELESS AMERICAN BUTTON MACHINES AMERICAN PLANNING ASSOCIATION AMERICAN RADIO INC ARIAS, RODOLFO ARROWHEAD FORENSIC PRODUCTS AT&T AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY AT&T MOBILITY BEST BEST & KRIEGER ATTNY LAW BEVERIDGE, M BOB MURRAY & ASSOCIATES CAFE LA MAZE CALIFORNIA ASSOCIATION OF CODE CDWG CDWG CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COHERO COLANTUONO HIGHSMITH COMPUTER COLLISION INVESTIGATE COUNTY OF SAN DIEGO COX COMMUNICATIONS CPP PRINTING CS LEGACY CONSTRUCTION INC CSAC EXCESS INS AUTHORITY CWEA MEMBERSHIP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DATA TICKET INC DE PASCALE, A DENHAM, A DEPT OF JUSTICE DIMENSION DATA DISCOUNT SCHOOL SUPPLY ENTERPRISE FLEET MANAGEMENT EPLUS TECHNOLOGY INC EQUIFAX INFORMATION SVCS WARRANT REGISTER #48 5/30/2017 DESCRIPTION REFUND / DUPLICATE PAYMENT ON CITATION VEST COVER ( PD PROFESSIONAL SERVICES - APRIL 2017 UPFIT FOR HIGHLANDER / PD FOOD / NUTRITION CENTER EXPENSE REIMBURSEMENT / NSD BUTTON MACHINE & SUPPLIES FOR CRAFTS / CSD MEMBERSHIP / PLANNING VHF RADIO EQUIPMENT FOR COMMAND VEHICLE CITATION REFUND P&E SUPPLIES / POLICE AT&T SBC ANNUAL PHONE SERVICE FOR FY17 AT & T WIRELESS SERVICE / MAY 2017 AT & T WIRELESS SERVICE / MAY 2017 AT & T WIRELESS SERVICE / MAY 2017 AT & T WIRELESS SERVICE / MAY 2017 LIABILITY CLAIM COST MEDIC FEE REIMBURSEMENT PROFESSIONAL SERVICES RESERVE AWARD DINNER / POLICE CACEO MEMBERSHIP/NSD HP LASERJET ENTERPRISE M750DN / MIS FORTINET 223C WIRELESS ACCESS POINT / MIS TRANSPORTATION / TREATMENT FEES FY 2017 RISK MONTHLY SERVICES QUARTERLY SUPPORT / MIS PROFESSIONAL SERVICES -PROPOSITION 218 TRAINING TUITION / PD CO OF SD SHARE PARKING CITATION / APRIL 2017 COX DATA SERVICES FOR FY17 DOUBLE SIDED FLYER FOR AQUATIC ADVENTURE PARADISE CREEK ED. PARK PROJECT CERTIFICATE OF INSURANCE MANAGEMENT ANNUAL MEMBERSHIP RENEWAL / PW LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST TIRES FOR CITY FLEET / PW DATA TICKET APPEALS & ON-LINE ACCESS / NSD REIMB: DEPASCALE FOR SENTRI PASS REIMBURSEMENT FOR SUPPLIES / CSD DOJ EMPLOYEE FINGERPRINTING / PD CAT5E DATA CABLES / MIS CRAFT SUPPLIES FOR AQUATIC ADVENTURES ENTERPRISE FLEET VEHICLE LEASE UPG VEEAM BACKUP / MIS EQUIFAX INFOR 251 of 350 ES 1/3 CHK NO DATE AMOUNT 329096 5/30/17 35.00 329097 5/30/17 92.44 329098 5/30/17 13,896.66 329099 5/30/17 2,793.17 329100 5/30/17 5,707.69 329101 5/30/17 8,680.03 329102 5/30/17 496.95 329103 5/30/17 935.00 329104 5/30/17 7,121.61 329105 5/30/17 60.00 329106 5/30/17 1,743.04 329107 5/30/17 8,918.14 329108 5/30/17 4,551.25 329109 5/30/17 400.66 329110 5/30/17 319.36 329111 5/30/17 60.88 329112 5/30/17 1,022.90 329113 5/30/17 56.50 329114 5/30/17 882.27 329115 5/30/17 1,750.00 329116 5/30/17 170.00 329117 5/30/17 6,173.06 329118 5/30/17 4,911.20 329119 5/30/17 933.71 329120 5/30/17 5,760.00 329121 5/30/17 26,780.00 329122 5/30/17 3,158.23 329123 5/30/17 2,500.00 329124 5/30/17 8,836.00 329125 5/30/17 546.30 329126 5/30/17 552.14 329127 5/30/17 44,925.60 329128 5/30/17 1,640.00 329129 5/30/17 88.00 329130 5/30/17 20,112.35 329131 5/30/17 968.15 329132 5/30/17 572.98 329133 5/30/17 566.05 329134 5/30/17 315.00 329135 5/30/17 1,916.74 329136 5/30/17 2,550.36 329137 5/30/17 97.25 329138 5/30/17 108.48 329139 5/30/17 230.00 329140 5/30/17 2,775.00 329141 5/30/17 135.32 329142 5/30/17 14,485.57 329143 5/30/17 11,696.00 329145 5/30/17 51.95 PAYEE ESPIRITU, D EXPERIAN FIATOA JR, F GOVCONNECTION INC GRAI NGER GRAI NGER GRANICUS INC HANDY METAL MART HARRIS & ASSOCIATES INC INDEPENDENT FORENSIC SERVICES JOCSON,RAFAEL JOSE EDMUNDO ZARATE SUAREZ JULIO ANGEL CESENA KONICA MINOLTA LANGUAGE LINE SERVICES LASER SAVER INC LEXIPOL LLC LIFEGUARD STORE INC MABPA MALLORY SAFETY & SUPPLY LLC MARA ZAMUDIO MES CALIFORNIA MOBILE WIRELESS LLC MORALES, IGNACIO MTS NAN MCKAY AND ASSOC INC NELSON PHOTO SUPPLIES NEXUS IS INC PADRE JANITORIAL SUPPLIES PCS MOBILE PHILLIP BLAIN BRANDON PLAYCORE GAMETIME BIG TOYS AND PORAC LEGAL DEFENSE FUND PRO BUILD PRO -EDGE KNIFE PROFORCE LAW ENFORCEMENT PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RIOS, M ROADONE ROBERTO RODRIGUEZ VARGAS RODRIGUEZ, M S & S RECREATION WORLDWIDE SAN DIEGO COUNTY ASSESSOR SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET SUPPLY SAN DIEGO UNION TRIBUNE SCOTT, H SDG&E WARRANT REGISTER #48 5/30/2017 DESCRIPTION TRAINING COMMAND COLLEGE I PD CREDIT CHECK / SECTION 8 MEDICAL SERVICES REIMB INV 54688727/54692648 / 70" 4K ULTRA HD MOP 65179. SUPPLIES FOR HOUSING MOP 65179 SUPPLIES FOR HOUSING MONTHLY MANAGED SERVICE - WEBCASTING 10 GAGE PRE CUT / SUPPLIES FOR PARKS GROUP 1 SEWER DESIGN PROJECT SEXUAL ASSAULT INTERVIEW / PD CITATION REFUND REIMBURSEMENT FOR TUP AMR SCHOLARSHIP / FIRE COPIER EQUIPMENT LEASE / APRIL 2017 INTERPRETATION SERVICE FOR DISPATCH / PD LASER SAVER PRINT CARTRIDGES LE IMPLEMENTATION SERVICE / PD LIFE JACKET RACK FOR SUMMER PROGRAMMING MABPA / MEMBERSHIP 2017 /COUNCIL HEARING PROTECTION FOR PARKS CREW DEPOSIT REFUND - TEMP. BANNER PERMIT APP FIRE HOSE NETMOTION MOBILITY FOR WINDOWS AND GOLF COURSE LEASE PAYMENT 2018 MTS TROLLEY FLAGGER SERVICE / NSD PIH ALERT SUBSCRIPTION / SECTION 8 CAMERA FOR INVESTIGATIONS I POLICE VOIP PHONE SYSTEM PROJECT / MIS JANITORIAL SUPPLIES / NUTRITION HEARTLAND SVC, GPS INTEGRATION-CF31 / MIS AMR SCHOLARSHIP / FIRE FITNESS EQUIPMENT FOR CASA AND CAMACHO 1ST & 2ND QUARTER DUES PORAC / POLICE MOP 45704. SUPPLIES FOR FIRE DEPT KNIFE SHARPENING SERVICE / NUTRITION SWAT HOLSTERS / POLICE PLAZA BLVD. WIDENING PROJECT MOP#45742 LAUNDRY SERVICES / PW REIMB/ CESAR E. CHAVEZ COMMUNITY BREAKFAST MOP ROADONE TOWING / POLICE AMR SCHOLARSHIP I FIRE TRAINING ADV LODGE FBINAA 53RD / POLICE COLORED TEMPERA PAINT / CSD SD COUNTY ASSESORS RECORDS / NSD TRAINING TUITION FTO UPDATE/NGUYEN SHANA MOP K9 FOOD AND SUPPLIES / POLICE UNION TRIBUNE - PUBLIC NOTICES TRAINING ADV • i AX•N PD WASTEWATER 252 of 350 UTILITIES 2/3 CHK NO DATE AMOUNT 329146 5/30/17 468.00 329147 5/30/17 27.24 329148 5/30/17 73.00 329149 5/30/17 13,914.80 329150 5/30/17 933.70 329151 5/30/17 11.16 329152 5/30/17 1,477.35 329153 5/30/17 61.43 329154 5/30/17 2,975.00 329155 5/30/17 1,350.00 329156 5/30/17 10.00 329157 5/30/17 150.82 329158 5/30/17 1,000.00 329159 5/30/17 121.94 329160 5/30/17 5.68 329161 5/30/17 717.32 329162 5/30/17 930.00 329163 5/30/17 1,195.00 329164 5/30/17 250.00 329165 5/30/17 109.46 329166 5/30/17 1,975.00 329167 5/30/17 14,485.50 329168 5/30/17 2,996.00 329169 5/30/17 2,000.00 329170 5/30/17 90.88 329171 5/30/17 349.00 329172 5/30/17 4,349.91 329173 5/30/17 54,437.34 329174 5/30/17 116.67 329175 5/30/17 6,497.23 329176 5/30/17 1,000.00 329177 5/30/17 1,259.17 329178 5/30/17 187.00 329179 5/30/17 3,697.89 329180 5/30/17 46.00 329181 5/30/17 2,349.00 329182 5/30/17 85,205.90 329183 5/30/17 521.33 329184 5/30/17 55.00 329185 5/30/17 40.00 329186 5/30/17 1,000.00 329187 5/30/17 1,449.01 329188 5/30/17 54.58 329189 5/30/17 14.00 329190 5/30/17 46.00 329191 5/30/17 676.41 329192 5/30/17 481.20 329193 5/30/17 290.43 329194 5/30/17 61,264.09 PAYEE SEAPORT MEAT COMPANY SHERWIN WILLIAMS SHRED IT USA SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOUTH BAY COMMUNITY SERVICES SOUTH COUNTY ECONOMIC SPARKLETTS SPORT COURT OF SOUTHERN CA STAND UP DESK STORE STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STARTECH COMPUTERS STEVEN HOLDEN SUPERIOR PLAY SYSTEMS SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE BANK OF NEW YORK MELLON THE COUNSELING TEAM THE ENGRAVING STORE THE HOME DEPOT CREDIT SERVICES THOMSON REUTERS WEST TODD PIPE & SUPPLY LLC TSC GROUP INC U S BANK U S HEALTHWORKS ULINE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VELARDE SALES VERIZON WIRELESS VISION INTERNET PROVIDERS VISTA PAINT WEST PAYMENT CENTER WESTERN AUD1O VISUAL WILLDAN FINANCIAL SERVICES WITMER PUBLIC SAFETY GROUP INC YBARRA, A ZAVALA, PATRICIA WIRED PAYMENTS CITY OF SAN DIEGO WARRANT REGISTER #48 5/30/2017 DESCRIPTION MEAT / NUTRITION MOP# 77816. PAINT SUPPLIES / NSD RECORDS PURGE & MONTHLY PURGE PD MOP#69277 HORTICULTURAL ITEMS / PW MOP SMART & FINAL / PD MOP 45756. CS DAY EVENT SUPPLIES / CSD MOP SMART SOURCE/PD EXPENSE REIMBURSEMENT / HOUSING DEPOSIT REFUND FOR THE USE OF THE MLK WATER SERVICES / MARCH 2017 / COUNCIL FURNISH AND INSTALL SYNTHETIC GRASS PNEUMATIC DESK MOP 45704 / OFFICE SUPPLIES / CITY CLERK MOP 45704. CS AND CAMACHO OFFICE SUPPLIES COMPUTER PERIPHERALS CITATION REFUND MOUNTED BASKETBALL HOOP / CASA DE SALUD EMULSION OIL GALLON - SUPPLIES FOR SEWER SWEETWATER AUTHORITY - 500 E PLAZA BLVD FOOD / NUTRITION CENTER ADMIN FEE PERIOD 5/1/17-4/30/18/ 1999TAB TRAINING TUITION WELLNESS / MACHADO / PD FLAG BOX I PD COMMUNITY SERVICE SUPPLIES / NSD ONLINE LEGAL RESEARCH / APRIL 2017 PLUMBING MATERIALS PARTS & TOOLS / PW MODULAR BLDG LEASE US BANK CREDIT CARD EXPENSES / ENGINEERING MEDICAL SERVICES BLACK RUBBER GYM TILE FOR CASA DE SALUD STREET SWEEPER REPAIRS / PW MOP#46453 FACILITIES SUPPLIES / PW MEDICAL SERVICES / HR VERIZON CELLULAR SERVICE / MAY 2017 VISION LIVE ANNUAL SUBSCRIPTION 3/15/17 MOP# 68834. PAINT SUPPLIES / NSD BACKGROUND CHECKS INVESTIGATIONS / PD FIRESTATION 34 SMARTBOARD REPAIR USER FEE STUDY RAT TRAPS / PD TRAINING ADV SUB LOD AXON / PD CITATION REFUND SEWERAGE SYSTEM 4TH QTR 4/01/17 - 6/30/17 3/3 CHIC NO DATE AMOUNT 329195 5/30/17 1,514.88 329196 5/30/17 487.07 329197 5/30/17 354.45 329198 5/30/17 570.24 329199 5/30/17 264.28 329200 5(30/17 153.25 329201 5/30/17 147.90 329202 5/30/17 60,209.55 329203 5/30/17 100.00 329204 5/30/17 5.20 329205 5/30/17 6,750.00 329206 5/30/17 895.29 329207 5/30/17 3,236.86 329208 5/30/17 287.14 329209 5/30/17 804.60 329210 5/30/17 20.00 329211 5/30/17 1,499.00 329212 5/30/17 237.05 329213 5/30/17 27.54 329214 5/30/17 3,943.85 329215 5/30/17 2,215.40 329216 5/30/17 106.00 329217 5/30/17 43.10 329218 5/30/17 150.53 329219 5/30/17 809.85 329220 5/30/17 695.95 329221 5/30/17 2,302.78 329222 5/30/17 46.27 329223 5/30/17 908.00 329224 5/30/17 1,264.49 329225 5/30/17 398.15 329227 5/30/17 238.02 329228 5/30/17 73.00 329229 5/30/17 12,655.64 329230 5/30/17 14,700.00 329231 5/30/17 839.52 329232 5/30/17 1,113.47 329233 5/30/17 600.00 329234 5130/17 4,672.50 329235 5/30/17 2,036.39 329236 5/30/17 290.43 329237 5/30/17 50.00 A/P Total 623,513.07 231006 5/30/17 1,447,937.00 253 of 350 GRAND TOTAL $ 2,071,450.07 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 ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 1st OF AUGUST, 2017. AYES NAYS ABSENT 254 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 255 The following page(s) contain the backup material for Agenda Item: Warrant Register #49 for the period of 05/31/17 through 06/06/17 in the amount of $2,353,463.63. (Finance) 255 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #49 for the period of 05/31/17 through 06/06/17 in the amount of $2,353,463.63. (Finance) PREPARED BY: K. Apalategui PHONE: 019-336-4572 EXPLANATION: DEPARTMENT: Fi nce APPROVED BY: (� per Government Section Code 37208, attached are the warrants issued for the period of 05/31/17 through 06/06/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net, Inc 329278 83,740.06 Health Net INS R1192A / June 2017 Kaiser Foundation HP 329286 183,432.50 INS Active / June 2017 Kimley Horn and Assoc Inc 329290 77,049.80 Euclid Avenue Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,353,463.63. APPROVED:Vai'.-� Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Ratify warrants totaling $2,353,463.63. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #49 256 of 350 1I 1/3 PicinwoRATO WARRANT REGISTER #49 6/6/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS i JUNE 2017 329238 6/6/17 160.00 AFFORDABLE BUTTONS COM I LOVE NC BUTTONS / COUNCIL 329239 6/6/17 840.36 AFLAC AFLAC ACCT BDM36 / JUNE 2017 329240 6/6/17 808.62 ANDERSON, E RETIREE HEALTH BENEFITS / JUNE 2017 329241 6/6/17 110.00 BACALLAO, I LICENSE REIMBURSEMENT 329242 6/6/17 110.00 BARTEL ASSOCIATES LLC ACTUARIAL CONSULTING SVC 329243 6/6/17 6,320.00 BEARD, P RETIREE HEALTH BENEFITS / JUNE 2017 329244 6/6/17 70.00 BECK, L RETIREE HEALTH BENEFITS / JUNE 2017 329245 6/6/17 140.00 BISHOP, R RETIREE HEALTH BENEFITS / JUNE 2017 329246 6/6/17 110.00 BOEGLER, C RETIREE HEALTH BENEFITS / JUNE 2017 329247 6/6/17 260.00 BULL, P RETIREE HEALTH BENEFITS / JUNE 2017 329248 6/6/17 580.00 CAPE FIRE LTD / JUNE 2017 329249 6/6/17 1,004.50 CALIFORNIA LAW ENFORCEMENT PD LTD / JUNE 2017 329250 6/6/17 2,082.50 CARRILLO, R RETIREE HEALTH BENEFITS / JUNE 2017 329251 6/6/17 290.00 COLE, L RETIREE HEALTH BENEFITS / JUNE 2017 329252 6/6/17 165.00 CONDON, D RETIREE HEALTH BENEFITS / JUNE 2017 329253 6/6/17 280.00 CORPUZ, T RETIREE HEALTH BENEFITS / JUNE 2017 329254 6/6/17 140.00 CORTEZ, EFREN REIMBURSEMENT PARKING P. 329255 6/6/17 35.00 CPP PRINTING COLOR CERTIFICATES FOR MAYOR 329256 6/6/17 486.64 CWEA MEMBERSHIP ANNUAL MEMBERSHIP RENEWAL / PW 329257 6/6/17 83.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / JUNE 2017 329258 6/6/17 250.00 DELTA DENTAL DENTAL INS PREMIER / JUNE 2017 329259 6/6/17 16,206.92 DELTA DENTAL INSURANCE CO P1'.1I DENTAL INS / JUNE 2017 329260 6/6/17 2,800.38 DESROCHERS, P RETIREE HEALTH BENEFITS / JUNE 2017 329261 6/6/17 110.00 DI CERCHIO, A RETIREE HEALTH BENEFITS / JUNE 2017 329262 6/6/17 70.00 DILLARD, S RETIREE HEALTH BENEFITS / JUNE 2017 329263 6/6/17 480.00 DREDGE, J RETIREE HEALTH BENEFITS (JUNE 2017 329264 6/6/17 250.00 EISER III, G RETIREE HEALTH BENEFITS /JUNE 2017 329265 6/6/17 250.00 FABINSKI, D RETIREE HEALTH BENEFITS /JUNE 2017 329266 6/6/17 220.00 FIFIELD, K RETIREE HEALTH BENEFITS /JUNE 2017 329267 6/6/17 540.00 GARCIA, B MEDIC FEE REIMBURSEMENT 329268 6/6/17 56.50 GELSKEY, K RETIREE HEALTH BENEFITS / JUNE 2017 329269 6/6/17 115.00 GIBBS JR, R RETIREE HEALTH BENEFITS /JUNE 2017 329270 6/6/17 120.00 GONZALES, M RETIREE HEALTH BENEFITS / JUNE 2017 329271 6/6/17 480.00 HANSON, E RETIREE HEALTH BENEFITS / JUNE 2017 329272 6/6/17 135.00 HARLAN, M RETIREE HEALTH BENEFITS / JUNE 2017 329273 6/6/17 500.00 HAUG, S RETIREE HEALTH BENEFITS / JUNE 2017 329274 6/6/17 120.00 HEALTH NET FULL NETWORK 57135A / JUNE 2017 329275 6/6/17 4,608.81 HEALTH NET HEALTH NET INS N7176F 1 JUNE 2017 329276 6/6/17 1,470.86 HEALTH NET DEDUCTIONS 329277 6/6/17 1,141.24 HEALTH NET INC HEALTH NET INS R1192A / JUNE 2017 329278 6/6/17 83,740.06 HERNANDEZ, R RETIREE HEALTH BENEFITS / JUNE 2017 329279 6/6/17 400.00 HODGES, B RETIREE HEALTH BENEFITS / JUNE 2017 329280 6/6/17 200.00 HONDO, E RETIREE HEALTH BENEFITS / JUNE 2017 329281 6/6/17 110.00 IBARRA, J RETIREE HEALTH BENEFITS / JUNE 2017 329282 6/6/17 780.00 JAMES, R RETIREE HEALTH BENEFITS / JUNE 2017 329283 6/6/17 140.00 JOHNSON, S REIMBURSEMENT FOR TINY TOTS SUPPLIES 329284 6/6/17 88.35 JUNIEL, R RETIREE HEALTH BENEFITS / JUNE 2017 329285 6/6/17 50.00 KAISER FOUNDATION HEALTH PLANS INS ACTIVE / .. 257 of 350 329286 6/6/17 183,432.50 PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMBLE, R KIMLEY HORN AND ASSOC INC KTU&A LANDA, A LIMFUECO, M LIVING COAST DISCOVERY CENTER MATIENZO, M MC CABE, T MEDINA, R MINER, D MYERS, B NOTEWARE, D PAUU JR, P PEASE JR, D PETERS, S PHILLIPS JR, W POST, R PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RAY, S RELIANCE STANDARD ROARK, L RUIZ, J SAN DIEGO KIDS PARTY RENTALS SDAPSD SERVATIUS, J SHERWIN WILLIAMS SHORT, C SMITH, J STANICH, C STAPLES BUSINESS ADVANTAGE STEWART, W STRASEN, W THE LINCOLN NATIONAL LIFE INS TIPTON, B U S HEALTHWORKS VCA EMERGENCY ANIMAL HOSPITAL VERGARA, A VERRY, L VILLAGOMEZ, J WHITE, J WILLY'S ELECTRONIC SUPPLY CHRISTENSEN & SPATH LLP NORWALL POWERSYSTEMS OPPER, RICHARD ACE UNIFORMS & ACCESSORIES INC WARRANT REGISTER #49 6/6/2017 DESCRIPTION RETIREES INS /JUNE 2017 HD 1-I S A INS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 EUCLID AVENUE PROJECT NC DOWNTOWN SPECIFIC P. PROJECT RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 INTERACTIVE DISPLAY OF OCEAN ANIMALS / CSD RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 TRAINING REIMB HUMAN TRAFFCKING / PD RETIREE HEALTH BENEFITS / JUNE 2017 MOP# 45707. PAINT SUPPLIES / NSD LAS PALMAS PARK PROJECT MOP# 45742. LAUNDRY SVC / NSD RETIREE HEALTH BENEFITS / JUNE 2017 VOLUNTARY LIFE INS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 MONSTER INFLATABLE OBSTACLE COURSE FOR M TRAINING TUITION DISPATCHER / BROWDER RETIREE HEALTH BENEFITS / JUNE 2017 MOP# 77816. SUPPLIES COMM SVC DAY / NSD RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 TRAINING REIM HUMAN TRAFFICKING/STANICH MOP# 45704. OFFICE SUPPLIES / NSD RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 LIFE & AD&D, STD, LTD INS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 MEDICAL SERVICES STRAY ANIMAL CARE / PD SANCEO TRAINING REIMBURSEMENT / NSD RETIREE HEALTH BENEFITS /JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 MOP ELECTRICAL SUPPLIES / WILLYS PD LEGAL SERVICES - CARMAX GENERATOR FOR ST. #33 / FIRE LEGAL SERVICES - TOD HOUSING WILSON UNIFC 258 of 350 2/3 CHIC NO DATE AMOUNT 329287 616/17 7,296.40 329288 6/6/17 4,189.88 329289 6/6/17 300.00 329290 6/6/17 77,049.80 329291 6/6/17 29,433.75 329292 6/6/17 155.00 329293 6/6/17 160.00 329294 6/6/17 375.00 329295 6/6/17 100.00 329296 6/6/17 280.00 329297 6/6/17 105.00 329298 6/6/17 580.00 329299 6/6/17 140.00 329300 6/6/17 120.00 329301 6/6/17 340.00 329302 6/6/17 140.00 329303 6/6/17 290.00 329304 6/6/17 195.36 329305 6/6/17 280.00 329306 6/6/17 179.22 329307 6/6/17 787.50 329308 6/6/17 52.16 329309 6/6/17 190.00 329310 6/6/17 3,191.57 329311 6/6/17 135.00 329312 6/6/17 310.00 329313 6/6/17 710.00 329314 6/6/17 200.00 329315 6/6/17 340.00 329316 6/6/17 6,024.89 329317 6/6/17 300.00 329318 6/6/17 320.00 329319 6/6/17 65.21 329320 6/6/17 601.09 329321 6/6/17 200.00 329322 6/6/17 135.00 329323 6/6/17 10,010.15 329324 6/6/17 250.00 329325 6/6/17 493.00 329326 6/6/17 1,732.52 329327 6/6/17 322.92 329328 6/6/17 280.00 329329 6/6/17 480.00 329330 6/6/17 230.00 329331 6/6/17 70.33 329332 6/6/17 1,292.50 329333 6/6/17 15,957.34 329334 6/6/17 715.00 329335 6/6/17 226.24 PAYEE AIRGAS WEST AMERICAN BACKFLOW SPECIALTIES BEST BUY BUSINESS BOOT WORLD CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ELECTRIC SUPPLY CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO EPIC LAND SOLUTIONS INC FERGUSON ENTERPRISES INC G & A AUTOMOTIVE INC GORMSEN APPLIANCE CO GROSSMAN PSYCHOLOGICAL HAINES & COMPANY INC MAINTEX INC MASON'S SAW METRO AUTO PARTS DISTRIBUTOR NATIONAL CITY TROPHY NCPOA O'REILLY AUTO PARTS PENSKE FORD PERRY FORD POWERSTRIDE BATTERY CO INC PRO BUILD PRUDENTIAL OVERALL SUPPLY S D COUNTY SHERIFF'S DEPT SDG&E SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTH BAY MOTORSPORTS SOUTH BAY WINDOW & GLASS CO SOUTHERN CALIF TRUCK STOP STAPLES BUSINESS ADVANTAGE U S BANK VALLEY INDUSTRIAL SPECIALTIES VGA EMERGENCY ANIMAL HOSPITAL WESTFLEX INDUSTRIAL WILLY'S ELECTRONIC SUPPLY CAREER TRACK SAN DIEGO COUNTY SECTION 8 HAPS PAYROLL Pay period Start Date 12 5/23/2017 WARRANT REGISTER #49 6/6/2017 DESCRIPTION MOP#45714 SAFETY SUPPLIES / PARK PW PURCHASE OF BACKFLOWS & VALVES / PW GAMING SYSTEM /CSD MOP#64096 SAFETY SUPPLIES /PW CAGEO INVESTIGATIVE REPORT WRITING CLASS MOP#45698 PLUMBING SUPPLIES / PW MOP#80331 AUTO SUPPLIES / FI FET PURCHASE OF CHEMICAL POOL SUPPLIES COUNTY OF SAN DIEGO ASSESSOR RECORDER APPRAISAL / HOUSING MOP#45723 PLUMBING SUPPLIES / PW MOP#72655 AUTO MAINTENANCE / PW CITY WIDE APPLIANCE PURCHASES FY 2017 PSYCH EVALS MAY 2017 / POLICE HAINES DIRECTORIES CITY WIDE JANITORIAL SUPPLIES / PW MOP#45729 LANDSCAPE SUPPLIES / PW MOP#75943 AUTO SUPPLIES / FLEET PW MOP#66556 BUILDING SUPPLIES / PW REIMB: NCPOA FOR 1/2 CENTURIAN AWARD MOP#75877 AUTO MAINTENANCE I PW R&M CITY VEHICLES FOR FY 2017 MOP#45703 AUTO SUPPLIES / FLEET MOP#67839 AUTO SUPPLIES / FLEET MOP#45707 BUILDING SUPPLIES & EQUIPMENT MOP# 45742 LAUNDRY SERVICES / PW MARCH 2017 RANGE USE / POLICE WASTEWATER - GAS & ELECTRIC UTILITES MOP#69277 LANDSCAPE SUPPLIES / PW MOP 45756. LUNCH AND SNACK SUPPLIES / CSD R & M CITY VEHICLES / PW CITY WIDE AUTOMATIC DOOR REPAIRS / PW MOP# 45758 AUTO SUPPLIES / PW MOP# 45704. OFFICE SUPPLIES / NSD CREDIT CARD EXPENSES / POLICE MOP# 46453 PLUMBING SUPPLIES / PW STRAY ANIMAL CARE / PD MOP# 63850 AUTO SUPPLIES / PW MOP# 45763 ELECTRIC SUPPLIES / PW HOW TO COMMUNIC WI -ACT - J. FLORES-CLARK BIKE RODEO ON MAY 27, 2017 / ENGINEERING Start Date End Date 5/31/2017 6/6/2017 End Date Check Date 6/5/2017 6/14/2017 3/3 CHK NO DATE AMOUNT 329336 6/6/17 149.47 329337 6/6/17 662.99 329338 6/6/17 445.18 329339 6/6/17 116.90 329340 6/6/17 75.00 329341 6/6/17 215.37 329342 6/6/17 45.51 329343 6/6/17 1,821.44 329344 6/6/17 6.00 329345 6/6/17 6,500.00 329346 6/6/17 516.13 329347 6/6/17 267.48 329348 6/6/17 2,587.68 329349 6/6/17 600.00 329350 6/6/17 996.28 329351 6/6/17 92.01 329352 6/6/17 17.80 329353 6/6/17 1,190.50 329354 6/6/17 244.69 329355 6/6/17 292.50 329356 6/6/17 62.07 329357 6/6/17 666.31 329358 6/6/17 45.48 329359 6/6/17 437.81 329360 6/6/17 1,572.99 329361 6/6/17 1,494.94 329362 6/6/17 200.00 329363 6/6/17 141.21 329364 6/6/17 1,018.25 329365 6/6/17 906.35 329366 6/6/17 2,551.26 329367 6/6/17 210.98 329368 6/6/17 243.32 329369 6/6/17 153.27 329370 6/6/17 1,185.89 329371 6/6/17 505.57 329372 6/6/17 2,024.13 329373 6/6/17 330.82 329374 6/6/17 136.01 329375 6/6/17 299.00 329376 6/6/17 650.00 A/P Total 511,951.66 858,684.77 982,827.20 259 of 350 G RAND TOTAL $ 2,363,463.63 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 ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORILED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 1" OF AUGUST, 2017. AYES NAYS ABSENT 260 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 261 The following page(s) contain the backup material for Agenda Item: Warrant Register #50 for the period of 06/07/17 through 06/13/17 in the amount of $151,587.83. (Finance) 261 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #50 for the period of 06/07/17 through 06/13/17 in the amount of $151,587.83. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Fitt n e PHONE: 019-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/07/17 through 06/13/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor APPROVED BY: Check/Wire Amount Explanation No warrants over $50,000.00 issued for the period of 06/07/17 through 06/13/17. FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $151,587.83. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $151,587.83 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #50 LOG UI 6DU PAYEE ACME SAFETY & SUPPLY CORP AETNA RESOURCES FOR LIVING AGUIRRE, C AMERICAN RADIO INC ATKINS NORTH AMERICA INC BROADWAY AUTO GLASS C H COURT TECH INC CALIFORNIA ASSOCIATION OF CALIFORNIA DIESEL COMPLIANCE CHRISTENSEN & SPATH LLP CITY OF NATIONAL CITY COMMERCIAL AQUATIC SERVICE INC COUNTYWIDE MECHANICAL COX COMMUNICATIONS DALEY & HEFT LLP EXPRESS PIPE AND SUPPLY CO INC FASTSIGNS FEDEX GRAINGER GUZMAN, K HUDSON SAFE T LITE RENTALS KTU&A MES CALIFORNIA MUNICIPAL CODE CORPORATION NATIONAL CITY TROPHY PARRA, F PAULEY EQUIPMENT COMPANY RON BAKER CHEVROLET SAM'S ALIGNMENT SAN DIEGO COUNTY ASSESSOR SAN DIEGO FRICTION PRODUCTS SDG&E SMART & FINAL SOUTH COAST EMERGENCY SOUTHWEST SIGNAL SERVICE SPEEDPRO IMAGING SPORTS VENUE PADDING STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE STEVENSON, S SUN BADGE COMPANY INC SUPERIOR READY MIX SWEETWATER AUTHORITY TELECOM LAW FIRM P C THE CENTRE FOR ORGANIZATION THE CENTRE FOR ORGANIZATION U S BANK VEG APPEAL VERIZON WIRELESS WARRANT REGISTER #50 6/13/2017 DESCRIPTION CP BLK VIN SIGN FOR AQUATIC ADVENTURES EMPLOYEE ASSISTANCE PROGRAM JUNE 2017 REIMBURSEMENT FOR CELUCOMP SUPPLIES VEHICLE CHARGER N.C. ALLEY DESIGN PROJECT WINDSHIELD/TINT GAME COURT TILES / CSD CACEO MEMBERSHIP RENEWAU G. IBARRA PARTICULATE FILTER FOR BOOM TRUCK / PW LEGAL SERVICES AFFORDABLE HOUSING MATTER PETTY CASH REPLENISHMENT/APR 2017 PURCHASE OF CHEMICAL POOL SUPPLIES CITY WIDE PLUMBING AND BACKFLOW COX CABLE SERVICES MAY 2017 LIABILITY CLAIM COST P/N 12186, CIPIPE 2N 2X10 FT NO HUB / PW STANCHION WITH 12" X 18 SIGN HOLDER / PW FED EX PACKAGE FOR DELIVERY / HOUSING WARDROBE STORAGE CABINET KATHY'S CORNER CLASS BARRICADE LED LIGHT CELL FOR STREETS NC WATERFRONT PROJECT STATION BOOTS 1 FIRE MUNICIPAL CODE SUPPLEMENT #48, UPDATE #1 MOP 66556. MEDALS AND RIBBON FOR TINY TOTS TRAVEL REIMB / FIRE -RESCUE MED CONFERENCE EDGE U2-21 PARKS EQUIP REGULAR MAINTENANCE AND REPAIR TO VEHICLE MOP# 72442 ALIGNMENT / FLEET PW ARCC BUILDING RECORDS / HOUSING RACK FORD OPEN / FLEET PW WASTEWATER - GAS & ELECTRIC UTILITIES MOP 45756. SUPPLIES FOR FIRE DEPT REGULATOR & SWITCH / FLEET PW MONTHLY TRAFFIC SIGNAL MAINTENANCE APRIL'17 REFLECTIVE DECALS / FLEET PW WALL PADDING - SAFETY UNDER BALL HOOP/CSD MOP 45704. WRISTBANDS FOR SUMMER PROGRAM MOP 45704 OFFICE SUPPLIES / HOUSING TRAVEL REIMB / SDCCMA CONFERENCE BADGE AND HOLDER/HOUSING EMULSION OIL GALLON / PW WASTEWATER DIVISION WATER PROFESSIONAL SERVICES -RIGHT-OF-WAY WIRE EXECUTIVE BUSINESS WRITING & BOARD REPORT SUPERVISORS ACADEMY CREDIT CARD EXPENSES / PD HEART SMART CLASS VERIZON WIRE 263 of 350 1/2 CHK NO DATE AMOUNT 329377 6/13/17 52.20 329378 6/13/17 837.72 329379 6/13/17 243.80 329380 6/13/17 229.01 329381 6/13/17 11,347.38 329382 6/13/17 476.66 329383 6/13117 3,837.00 329384 6/13/17 85.00 329385 6/13/17 4,071.74 329386 6/13/17 56.25 329387 6/13/17 1,239.19 329388 6/13/17 897.19 329389 6/13/17 1,009.47 329390 6/13/17 174.00 329391 6/13/17 3,688.62 329392 6/13/17 412.11 329393 6/13/17 217.83 329394 6/13/17 35.33 329395 6/13/17 1,442.62 329396 6/13/17 63.67 329397 6/13/17 47.63 329398 6/13/17 1,192.50 329400 6/13/17 271.87 329401 6/13/17 1,666.63 329402 6/13/17 282.21 329403 6/13/17 177.76 329404 6/13/17 174.25 329405 6/13/17 541.20 329406 6/13/17 757.21 329407 6/13/17 2.00 329408 6/13/17 1,866.68 329409 6/13/17 24,895.77 329410 6/13/17 289.04 329411 6/13/17 634.17 329412 6/13/17 14,451.36 329413 6/13/17 530.50 329414 6/13/17 904.25 329415 6/13/17 103.27 329416 6/13/17 21.75 329417 6/13/17 54.57 329418 6/13/17 128.99 329419 6/13/17 263.99 329421 6/13/17 33,422.70 329422 6/13/17 606.00 329423 6/13/17 4,800.00 329424 6/13/17 775.00 329425 6/13/17 7,324.06 329426 6/13/17 450.00 329427 6/13/17 543.53 2/2 WARRANT REGISTER #50 6/13/2017 PAYEE DESCRIPTION CHK NO DATE AMOUNT VORTEX INDUSTRIES INC REPLACEMENT AND INSTALLATION OF DOORS 329428 6/13/17 23,894.30 WILLY'S ELECTRONIC SUPPLY MOP #45763/ELECTRONIC SUPPLIES/MIS 329429 6/13/17 97.85 A/P Total 151,587.83 GRAND TOTAL $ 161,687.83 264 of 350 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 ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 1" OF AUGUST, 2017. AYES NAYS ABSENT 265 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 266 The following page(s) contain the backup material for Agenda Item: Warrant Register #51 for the period of 06/14/17 through 06/20/17 in the amount of $1,993,718.19. (Finance) 266 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. I ITEM TITLE: Warrant Register #51 for the period of 06/14/17 through 06/20/17 in the amount of $1,993,718.19. (Finance) PREPARED BY: K. Apalategui PHONE: 619-336-4572 EXPLANATION: DEPARTMENT: F' e APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period of 06/14/17 through 06/20/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Innovative Construction 329499 55,972.50 Division St Road DIET Project Adminsure Inc 69705 103,604.45 WIC Acct Replenishment May 2017 Public Emp Ret System 6142017 424,612.18 Service Period 5/23/17 — 06/05/17 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,993,718.19. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $1,993,718.19. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #51 267 of 350 PAYEE ABLE PATROL & GUARD AMAZON BAKER & TAYLOR BEST WAVE LLC BOATMAN BRODART CO FEDEX FRIENDS OF THE READ S D MIDWEST TAPE MUNOZ, R NEW READERS PRESS PCNATION SCHIMMINGER, S SMART & FINAL STAPLES BUSINESS ADVANTAGE U S POSTMASTER WILSON LANGUAGE TRAINING REGIONAL TRAINING CENTER A ONE JANITORIAL SUPPLY A REASON TO SURVIVE ABNEY, P AIRGAS WEST ALDEMCO ALERT ALL CORPORATION ALPHA PROJECT FOR THE HOMELESS ALTA LANGUAGE SERVICES INC AMERICAN BACKFLOW SPECIALTIES ASSI SECURITY INC AT&T AT&T AT&T MOBILITY BEST BUY BUSINESS BETTER IMPACT USA INC BLACKIE'S TROPHIES AND AWARDS BOOT WORLD BUDGETMAILBOXES.COM BUENA PARK NISSAN CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ASSOCIATION OF CODE CALIFORNIA ELECTRIC SUPPLY CASAS, L CEB CHELIUS, A CIRCULATE SAN DIEGO COLANTUONO HIGHSMITH COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL COX COMMUNICATIONS CPP PRINTING WARRANT REGISTER #51 6/20/2017 DESCRIPTION CHK NO SECURITY GUARD SERVICES / LIBRARY 329430 BOOKS / LIBRARY 329431 BOOKS / LIBRARY 329432 AZULLE ACCESS PLUS HDMI WINDOWS PC 329433 REIMB / SUPPLIES FOR VOLUNTEER NIGHT / LIBRARY 329434 BOOKS 1 LIBRARY SHIPPING CHARGES / LIBRARY REGISTRATION/ TUTOR CONFERENCE / LIBRARY DVD'S / LIBRARY MILEAGE REIMB / READ SD TUTOR CONFERENCE MATERIAL FOR TUTORS / LIBRARY DIGITAL DISPLAY - EP5520T 55IN DLED REIMBURSEMENT FOR LIBRARY MATERIALS MOP #45756 - SUPPLIES FOR LIBRARY MOP 457504. OFFICE SUPPLIES / LIBRARY POSTAGE FOR OVERDUE NOTICES / LIBRARY BOOKS FOR THE LITERACY COLLECTION CONFLICT RESOLUTION TRAINING 1 NSD DISSOLVE- SEWER AND LIFT STATION CLEANER / PW BIKE RACKS PROJECTS REIM: SUPPLIES FOR ARO TRUCK / PD MOP 45714 TOOL / HOUSING INSPECTION PROGRAM FOOD / NUTRITION CENTER PUB ED STICKERS / FIRE EXPENSE REIMB / HOMELESS PROJECT MAY / NSD PROFESSIONAL SERVICES / BILINGUAL TEST / HR PURCHASE OF BACKFLOWS & VALVES / PD REPAIRS AND MAINTENANCE ON ELECTRIC DOORS AT&T SBC ANNUAL PHONE SERVICE / MAY 2017 AT&T SBC ANNUAL PHONE SERVICE / MAY 2017 AT & T WIRELESS SERVICE / MAY 2017 DIGITAL CAMERA AND ACCESSORIES / CSD DATA IMPORT / MIS MOP 67727 BLACKIES/NAME TAGS/PD MOP# 64096. BOOTS FOR STAFF 1 NSD OPEN ACCESS METAL GRAY LOCKERS / FIRE 2017 NISSAN MAXIMA CACEO ANNUAL SEMINAR / NSD CACEO ACADEMY COURSE / NSD MOP# 45698 BUILDING SUPPLIES / PW TRANSLATION SERVICES / COUNCIL 6/06/17 BOOKS / CITY ATTORNEY TRAINING REIMB SUPERVISORY/CHELIUS / PD ACTIVE TRANSPORTATION PROJECT PROFESSIONAL SERVICE REGIONAL COMMUNICATIONS SYSTEM MAY 2017 CITY WIDE PLUMBING AND BACKFLOW COX CABLE SERVICES MAY 2017 HISTORIC WHIT 268 of 350 LESS ENVELOPES 1/4 DATE AMOUNT 6/20/17 3,149.18 6/20/17 3,568.46 6/20/17 4,032.75 6/20/17 484.10 6/20/17 95.17 329435 6/20/17 584.07 329436 6/20/17 307.66 329437 6/20/17 420.00 329438 6/20/17 335.74 329439 6/20/17 11.98 329440 6/20/17 155.18 329441 6/20/17 3,120.98 329442 6/20/17 220.29 329443 6/20/17 81.13 329444 6/20/17 398.08 329445 6/20/17 98.00 329446 6/20/17 275.56 329447 6/20/17 198.00 329448 6/20/17 376.00 329449 6/20/17 22,748.83 329450 6/20/17 92.16 329451 6/20/17 331.62 329452 6/20/17 1,834.52 329453 6/20/17 498.51 329454 6/20/17 8,939.65 329455 6/20/17 120.00 329456 6/20/17 85.02 329457 6/20/17 3,300.00 329458 6/20/17 6,845.50 329459 6/20/17 352.85 329460 6/20/17 470.54 329461 6/20/17 168.79 329462 6/20/17 70.00 329463 6/20/17 60.62 329464 6/20/17 125.00 329465 6/20/17 2,137.94 329466 6/20/17 34,075.61 329467 6/20/17 384.00 329468 6/20/17 375.00 329469 6/20/17 15.05 329470 6/20/17 425.00 329471 6/20/17 479.33 329472 6/20/17 212.68 329473 6/20/17 8,866.52 329474 6/20/17 262.50 329475 6/20/17 8,250.00 329476 6/20/17 6,021.48 329477 6/20/17 384.00 329478 6/20/17 972.18 PAYEE CULLIGAN DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DELL MARKETING L P DIMENSION DATA DISCOUNT SPECIALTY CHEMICALS DIVISION OF THE STATE DOMINIQUE JOHN 0 MASE EQUIFAX INFORMATION SVCS EXPERIAN FAT PIPE NETWORKS FEDEX FIRE ETC GARDNER & ASSOCIATES GEORGE H WATERS NUTRITION CTR GOVCONNECTION INC GOVERNMENT FINANCE GRAINGER GRANICUS INC HONOR LIFE MEMORIALS INNOVATIVE CONSTRUCTION IRON MOUNTAIN JOHNSON, S KAISER FOUNDATION HEALTH PLANS KONICA MINOLTA L N CURTIS & SONS LEXIPOL LLC LIFEGUARD STORE INC LINE X SAN DIEGO LOPEZ, J LOPEZ, TERESA YOLANDA LOUNSBERY FERGUSON MAINTEX INC MAN K9 INC MAN K9 INC MARLO'S AUTO SPECIALTIES MASON'S SAW MAYER REPROGRAPHICS MEDIFIT COMMUNITY SERVICES LLC MENDOZA III, S METRO AUTO PARTS DISTRIBUTOR METRO FIRE & SAFETY MOTOROLA SOLUTIONS INC MOTOROLA SOLUTIONS INC MUNICIPAL CODE CORPORATION NATIONAL CITY CAR WASH NATIONAL CITY TROPHY O'REILLY AUTO PARTS PACIFIC AUTO REPAIR WARRANT REGISTER #51 6/20/2017 DESCRIPTION WATERSOFTNER / NUTRITION MOP#76986 TIRES / FLEET PW COMMS EQUIP SERVICE OPTIPLEX 5040 MINI TOWER TELEPHONE PAGING ACCESS MODULE W/PS GREASE ATTACK DRAIN OPENER / FACILITIES SB1186 DISABILITY ACCESS AND ED. FUND PAYMENT LIABILITY CLAIM COST EQUIFAX INFORMATION SVCS FOR SEC. 8 MAY CREDIT CHECKS / PD GOLD SERVICE 0-200MB-1U - 1YR / MIS GOVERNMENTAL PURPOSE SHIPMENT NOZZLES / FIRE OVAL JR POLICE BADGE STICKERS QUARTERLY NEIGHBORHOOD COUNCIL BREAKFAST CF-31 TOUGHBOOK PRO / MIS GFOA MEMBERSHIP / FINANCE MOP#65179 BUILDING SUPPLIES / PARK PW MONTHLY MANAGE SERVICES / MIS ENGRAVING SERVICES FOR VETERANS WALL DIVISION ST ROAD DIET PROJECT RECORDS MANAGEMENT & DOCUMENT STORAGE REIMBURSEMENT FOR GRADUATION SUPPLIES KAISER RETIREES INS / JUNE 2017 COPIER EQUIPMENT LEASE / MAY 2017 TURNOUTS / FIRE PROJ MGMT MEETING 12:18 HOURS MAY 2017 MEGA PHONE AND FIRST AID SUPPLIES FORTH ACCESSORIES - FLOOR MATS TRAVEL MILEAGE REIMBURSEMENT TRANSLATION SERVICES / COUNCIL 5/16/17 SD CO-PERMITTEES STATE MANDATES CLAIM CITY WIDE JANITORIAL SUPPLIES / PW K9 KENNEL FOR DUKE / PD MONTHLY MAINTENANCE FOR CANINE TRAINING / PD REPLACE REAR BUMPER - AUTO REPAIR MOP 45729. SUPPLIES FOR FIRE LARGE DOCUMENT SCAN TO FILE PROGRAM MANAGEMENT / CSD MEDIC FEE REIMBURSEMENT MOP#75943 AUTO PARTS / FLEET PW REMOVE CONTROL HEAD / FIRE BODY CAM CHARGERS / POLICE VEHICULAR CHARGER / FIRE ELECTRONIC UPDATES / SUPPLEMENT 48 MOP#72454 CAR WASH SERVICES / PW MOP#66556 BUILDING SUPPLIES / PW MOP#75877 AU O SIJPPI IFS / F EET PW MOP#72448 AUI 269 of 350 E/ FLEET PW 2/4 CHK NO DATE AMOUNT 329479 6/20/17 221.50 329480 6/20/17 778.71 329481 6/20/17 649.75 329482 6/20/17 17,999.30 329483 6/20/17 280.20 329484 6/20/17 482.60 329485 6/20/17 167.10 329486 6/20/17 500.00 329487 6/20/17 50.00 329488 6/20/17 65.90 329489 6/20/17 7,420.00 329490 6/20/17 134.80 329491 6/20/17 440.24 329492 6/20/17 493.70 329493 6/20/17 1,062.50 329494 6/20/17 14,840.58 329495 6/20/17 745.00 329496 6/20/17 252.90 329497 6/20/17 1,477.35 329498 6/20/17 3,480.00 329499 6/20/17 55,972.50 329500 6/20/17 167.21 329501 6/20/17 483.22 329502 6/20/17 19,431.02 329503 6/20/17 8,522.42 329504 6/20/17 5,327.75 329505 6/20/17 1,845.00 329506 6/20/17 299.50 329507 6/20/17 149.00 329508 6/20/17 17.64 329509 6/20/17 280.00 329510 6/20/17 1,421.00 329511 6/20/17 969.66 329512 6/20/17 451.04 329513 6/20/17 1,040.00 329514 6/20/17 3,586.01 329515 6/20/17 279.21 329516 6/20/17 53.26 329517 6/20/17 49,352.74 329518 6/20/17 56.50 329519 6/20/17 1,434.49 329520 6/20/17 400.00 329521 6/20/17 3,058.59 329522 6/20/17 699.81 329523 6/20/17 530.01 329524 6/20/17 410.00 329525 6/20/17 99.50 329526 6/20/17 307.54 329527 6/20/17 275.00 3/4 PAYEE PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PALMA, A PENSKE FORD PORAC LEGAL DEFENSE FUND POWERSTRIDE BATTERY CO INC PRO BUILD PRO -EDGE KNIFE PROFORCE LAW ENFORCEMENT PRUDENTIAL OVERALL SUPPLY S D COUNTY SHERIFF'S DEPT SAM'S ALIGNMENT SAN DIEGO FAMILY MAGAZINE LLC SAN DIEGO GAS & ELECTRIC SAN DIEGO HYDRAULICS SAN DIEGO UNION TRIBUNE SCLLN SDG&E SEAPORT MEAT COMPANY SHINN, D SILVA, S SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SOLARWINDS INC SONSRAY MACHINERY LLC SOUTHERN CALIF TRUCK STOP SPOK INC STAPLES BUSINESS ADVANTAGE STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SYSCO SAN DIEGO INC THE HOME DEPOT CREDIT SERVICES THOMSON REUTERS WEST TRITECH SOFTWARE SYSTEMS U S BANK U S BANK U S BANK UNDERGROUND SERVICE ALERT UNITED RENTALS UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VERIZON WIRELESS WEST COAST ARBORISTS INC WEST PAYMENT CENTER WILLDAN FINANCIAL SERVICES WILLY'S ELECTRONIC SUPPLY �C,QB�P�tLT u � WARRANT REGISTER #51 6/20/2017 DESCRIPTION PAY PHONES JUNE 2017 JANITORIAL SUPPLIES / NUTRITION EDUCATION REIMBURSEMENT MOP#49078 AUTO PARTS / FLEET PW LEGAL DEFENSE FUND / POLICE MOP#67839 AUTO PARTS / FLEET PW MOP# 45707 BUILDING SUPPLIES 1 PW KN!FESHARPENING SERVICE TASER TRAINING SUIT AND CARTRIDGES MOP#45742 LAUNDRY SERVICES / PW RANGE USE / APRIL 2017 MOP#72442 AUTO MAINTENANCE / FLEET MARKETING AD WEB CAMP DIRECTORY GAS & ELECTRIC UTILITIES / NUTRITION HOSE ASSEMBLY - AUTO REPAIR LEGAL NOTICES ADVERTISING / MAY 2017 REPLACEMENT FOR RETURNED CHECK / LIBRARY WASTEWATER - GAS & ELECTRIC UTILITIES MEAT / NUTRITION REIMBURSEMENT FOR GRADUATION SUPPLIES EDUCATION REIMBURSEMENT MOP#69277 LANDSCAPE SUPPLIES / PW MOP 45756. SUPPLIES FOR FIRE DEPT MOP 63845. BUSINESS CARDS / CITY ATTORNEY 3512 - SOLARWINDS ENGINEER'S TOOLSET PAD / PW MOP#45758 OIL FLEET / PW POLICE PAGERS MOP 45704. OFFICE SUPPLIES / CITY CLERK MOP 45704. CURLING RIBBON / CSD TYPE 3 C ASPHALT MATERIAL FOR STREETS WASTEWATER DIVISION WATER UTILITIES FOOD / NUTRITION CENTER SOLAR POWER SMART LED STREET ONLINE LEGAL RESEARCH TRITECH CAD INTERFACE LICENSING CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / CSD CREDIT CARD EXPENSES / CITY ATTORNEY 170- NEW TICKET CHARGES FOR DIG ALERT GENERATOR RENTAL / PW STREET SWEEPER REPAIRS MOP# 46453 PLUMBING SUPPLIES / PW VERIZON CELLULAR SERVICE / MAY 2017 CONTRACTING SERVICES FOR TREE TRIMMING BOOKS / CITY ATTORNEY USER FEE STUDY COMPUTER WI - ` ' RALS CHK NO DATE AMOUNT 329528 6/20/17 78.00 329529 6/20/17 296.77 329530 6/20/17 221.93 329531 6/20/17 1,008.48 329532 6/20/17 148.50 329533 6/20/17 253.40 329534 6/20/17 1,291.33 329535 6/20/17 46.00 329536 6/20/17 6,016.92 329537 6/20/17 477.86 329538 6/20/17 400.00 329539 6/20/17 325.80 329540 6/20/17 1,970.00 329541 6/20/17 2,212.51 329542 6/20/17 111.11 329543 6/20/17 1,008.20 329544 6/20/17 150.00 329545 6/20/17 8,498.66 329546 6/20/17 1,117.30 329547 6/20/17 396.98 329548 6/20/17 836.63 329549 6/20/17 425.77 329550 6/20/17 227.80 329551 6/20/17 36.98 329552 6/20/17 750.00 329553 6/20/17 112.12 329554 6/20/17 87.30 329555 6/20/17 1.17 329556 6/20/17 1,636.19 329557 6/20/17 2.93 329558 6/20/17 336.18 329559 6/20/17 416.12 329560 6/20/17 6,574.10 329561 6/20/17 1,205.97 329562 6/20/17 809.85 329563 6/20/17 10,200.00 329564 6/20/17 4,953.71 329565 6/20/17 852.50 329566 6/20/17 77.99 329567 6/20/17 478.50 329568 6/20/17 13,317.46 329569 6/20/17 2,093.41 329570 6/20/17 632.29 329571 6/20/17 14,970.33 329572 6/20/17 17,333.60 329573 6/20/17 528.47 329574 6/20/17 6,740.00 329575 6/20/17 186.37 270 of 350 PAYEE SWEETWATER UNION HS DISTRICT WIRED PAYMENTS ADMINSURE INC ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECHNOLOGIES PUBLIC EMP RETIREMENT SYSTEM SECTION 8 HAPS PAYROLL Pay period Start Date 13 6/6/2017 CtR?ORA WARRANT REGISTER #51 6/20/2017 DESCRIPTION SPECIAL TAXES/SUCCESSOR AGENCY W/C ACCT REPLENISHMENT MAY 2017 FUEL FOR CITY FLEET MAY 2017 BENETRAC ESR SVCS BASE FEE JUN 2017 SERVICE PERIOD 05/23/17 - 06/05/17 Start Date End Date 6/14/2017 6/20/2017 End Date Check Date 6/19/2017 6/18/2017 4/4 CHK NO DATE AMOUNT 329576 6/20/17 55.30 69705 106788 946521 6142017 A/P Total 434,043,48 6/20/17 6/14/17 6/16/17 6/14/17 103,604.45 27,321.31 507.00 424,612.18 8,166.80 995,462.97 GRAND TOTAL $ 1,993,718.19 271 of 350 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 FINANC LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 1I OF AUGUST, 2017. AYES NAYS ABSENT 272 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 273 The following page(s) contain the backup material for Agenda Item: Warrant Register #52 for the period of 06/21/17 through 06/27/17 in the amount of $762,526.43. (Finance) 273 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: (Warrant Register #52 for the period of 06/21/17 through 06/27/17 in the amount of $762,526.43. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: F' . n e PHONE: 01 9-336-4572 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 06/21/17 through 06/27/17. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor CS Legacy Construction Inc Dick Miller Inc Kimley Horn and Assoc Inc Kinsman Construction Inc Palm Engineering Pavement Coatings Co Project Professional Corp Check/Wire Amount 329598 329607 329614 329615 329629 329631 329636 114,567.88 142,847.33 66,984.98 50,000.00 326,884.94 156,472.24 107,927.66 APPROVED BY: Explanation Paradise Creek Project Plaza Blvd. Widening / N Ave Project Euclid Avenue Project Police Dept. Building Imp. Project Division St. Traffic C. Project 18th Street Bicycle Enh. Project Sewer Line Replc. Project FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $762,526.43. APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Ratify warrants totaling $762,526.43. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #52 274 of 350 PAYEE MARLO'S AUTO SPECIALTIES PLANETBIDS INC SDCLEEAA SID'S CARPET BARN INC GALLEGOS, D ACE UNIFORMS & ACCESSORIES INC ACE UNIFORMS & ACCESSORIES INC ADDICTION MEDICINE ALPHA PROJECT FOR THE HOMELESS AT&T BANNER BANK BCM CUSTOMER SERVICE INC BEST BEST & KRIEGER ATTNY LAW BMI BOOT WORLD CALIFORNIA ASSOCIATION OF CODE CALPERS - FINANCIAL REPORTING CHILDREN'S HOSPITAL CLF WAREHOUSE INC COMMERCIAL & INDUSTRIAL CS LEGACY CONSTRUCTION INC CWEA MEMBERSHIP CYNTHIA TITGEN CONSULTING INC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DANIELS TIRE SERVICE DATA TICKET INC DEPT OF JUSTICE DICK MILLER INC DUNBAR ARMORED INC DURAN, D E2 MANAGE TECH INC FERGUSON ENTERPRISES INC GRAINGER HARRIS & ASSOCIATES INC KIMLEY HORN AND ASSOC INC KINSMAN CONSTRUCTION INC KTU&A LASER SAVER INC LUCAS, M MACIAS, M MELLADO DESIGNS MELLADO DESIGNS MERCURY INSURANCE COMPANY METRO AUTO PARTS DISTRIBUTOR MINUTEMAN PRESS NBS NCPOA WARRANT REGISTER #52 6/27/2017 DESCRIPTION REPAIR HOOD PANEL / FLEET PW PLANETBIDS SUBSCRIPTION 2017 EXPLORER ACADEMY ENROLLMENT / PD CARPET FOR NC STAGE / CSD REIMB. OVERNIGHT FEDEX SVCS JACKETS AND FLASHLIGHT / NSD NGUYEN SWAT UNIFORM / PD MEDICAL SERVICES EXP REIMB ALPHA HOMELESS PROJECT/ JANUARY AT&T PHONES MAY 2017 PLAZA BLVD. WIDENING, N AVE PROJECT BELT REPLACEMENT FOR AC UNITS / PW LIABILITY CLAIM COST MUSIC PERFORMANCE / 06/01/17-05/31/18 MOP# 64096 SAFETY SUPPLIES / PARKS DIVISION CACEO SUBSTANDARD COURSE / NSD REPLACEMENT BENEFITS CONTRIBUTION CHILD ABUSE EXAMS / PD MOP#80331 AUTO SUPPLIES / FLEET PW ARTS BUILDING ROOF REPLACEMENT PROJECT PARADISE CREEK PROJECT MEMBERSHIP FOR JORGE PENA PROFESSIONAL SERVICES - MAY LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST MOP#76986 AUTO SUPPLIES / FLEET PW DATA TICKET APPEALS & ON-LINE ACCESS / NSD FINGERPRINTING OF APPLICANTS / PD PLAZA BLVD. WIDENING / N AVE PROJECT ARMORED SERVICES / FINANCE EDUCATIONAL REIMBURSEMENT / PD 2020 HOOVER UST PROJECT MOP#45723 AUTO SUPPLIES / FLEET PW HAND DRYER FOR PARK RESTROOM MISC. SEWER PROJECT EUCLID AVENUE PROJECT POLICE DEPT. BUILDING IMP. PROJECT NC INVENTORY STUDY PROJECT MOP #45725/PRINTER SUPPLIES/MIS EDUCATION REIMBURSEMENT EDUCATIONAL REIMBURSEMENT / PD POLO SHIRTS FOR STAFF / NSD POLO SHIRTS FOR STAFF / NSD LIABILITY CLAIM COST MOP#75943 AUTO PARTS / FLEET PW TOGETHER WE CAN MATERIALS LANDSCAPE a ► ► s ► ■ STRICT -NBS REIMB FOR R: 275 of 350 AWARDS 1/2 CHK NO DATE AMOUNT 329577 6/22/17 2,497.08 329578 6/27/17 4,110.98 329579 6/27/17 9,000.00 329580 6/27/17 851.51 329581 6/27/17 92.00 329582 6/27/17 446.07 329583 6/27/17 317.83 329584 6/27/17 1,750.00 329585 6/27/17 11,056.35 329586 6/27/17 8,488.03 329587 6/27/17 7,518.28 329588 6/27/17 319.00 329589 6/27/17 88.50 329590 6/27/17 612.00 329591 6/27/17 125.00 329592 6/27/17 75.00 329593 6/27/17 64.71 329594 6/27/17 456.00 329596 6/27/17 500.09 329597 6/27/17 43,652.97 329598 6/27/17 114,567.88 329599 6/27/17 184.00 329600 6/27/17 3,360.00 329601 6/27/17 8,201.52 329602 6/27/17 4,625.55 329603 6/27/17 1,524.80 329604 6/27/17 468.83 329605 6/27/17 2,812.53 329606 6/27/17 192.00 329607 6/27/17 142,847.33 329608 6/27/17 246.62 329609 6/27/17 1,625.00 329610 6/27/17 5,115.00 329611 6/27/17 510.35 329612 6/27/17 2,666.55 329613 6/27/17 2,185.00 329614 6/27/17 66,984.98 329615 6/27/17 50,000.00 329616 6/27/17 1,030.00 329617 6/27/17 1,281.51 329618 6/27/17 240.00 329619 6/27/17 213.00 329620 6/27/17 337.74 329621 6/27/17 69.28 329622 6/27/17 1,939.23 329623 6/27/17 363.73 329624 6/27/17 2,370.27 329625 6/27/17 985.00 329626 6/27/17 225.00 PAYEE OPPER, RICHARD O'REILLY AUTO PARTS PALM ENGINEERING PARTS AUTHORITY METRO LLC PAVEMENT COATINGS CO PCS MOBILE PEACE OFFICERS RESEARCH PENSKE FORD PRO BUILD PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RELY ENVIRONMENTAL SAN DIEGO ARCHITECTURAL SAN DIEGO FRICTION PRODUCTS SAN DIEGO MIRAMAR COLLEGE SAN DIEGO PET SUPPLY SAN DIEGO PR SAN DIEGO REGIONAL COMPUTER SASI SD COUNTY POLICE CHIEF'S AND SHRED IT USA SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC STAPLES BUSINESS ADVANTAGE STOUT, Z THE COUNSELING TEAM U S BANK VCA EMERGENCY ANIMAL HOSPITAL WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM WARRANT REGISTER #52 6/27/2017 DESCRIPTION LEGAL SERVICES - TOD HOUSING MOP#75877 AUTO PARTS / FLEET PW DIVISION ST. TRAFFIC C. PROJECT MOP#75943 AUTO PARTS / FLEET PW 18TH STREET BICYCLE ENH. PROJECT BATTERIES FOR TOUGH BOOKS 4TH QUARTER PORAC DUES MOP#49078 AUTO PARTS / FLEET PW MOP# 45707 BUILDING SUPPLIES 1 PW SEWER LINE REPLC. PROJECT MOP# 45742 LAUNDRY SERVICES / PW HAZARDOUS WASTE AT PD PRC T1709 ECON DEV TAINTING / HOUSING AND MOP#80333 AUTO PAR(S / FLEET PW TUITION BASIC TC INV/SCANLON / PD MOP SD PET SUPPLY / PD LAYOUT, EDITING & DISTRIBUTION OF NC NEWS FORENSIC SERVICES ANNUAL PAYMENT FY 17 MONTHLY TRUST ACCOUNTING CHARGES SD COUNTY POLICE CHIEFS AND SHERIFFS ASSOC MONTHLY SHREDDING SERVICE MOP# 45720 HORTICULTURAL ITEMS / PW MOP SMART AND FINAL #0347017 POLICE PRESENTATION FOLDERS SNAP SCANNERS NET RMS / POLICE EDUCATION REIMBURSEMENT EMPLOYEE PEER SUPPORT MAY 2017 CREDIT CARD EXPENSES / HR STRAY ANIMAL PET CARE / PD BACKGROUND INFORMATION / MAY 2017 MOP# 45763 ELECTRICAL SUPPLIES / PW GASB 68 REPORTING SERVICES FEE 2/2 CHK NO DATE AMOUNT ^329627 6/27/17 702.50 329628 6/27/17 5.05 329629 6/27/17 326,884.94 329630 6/27/17 221.99 329631 6/27/17 156,472.24 329632 6/27/17 358.88 329633 6/27/17 71.50 329634 6/27/17 236.15 329635 6/27/17 38.14 329636 6127/17 107,927.66 329637 6/27/17 177.89 329638 6127/17 868.00 329639 6/27/17 190.00 329640 6/27/17 175.20 329641 6/27/17 69.00 329642 6/27/17 571.97 329643 6/27/17 600.00 329644 6/27/17 12,000.00 329645 6/27/17 404.10 329646 6/27/17 350.00 329647 6/27/17 187.95 329648 6/27/17 163.24 329649 6/27/17 272.15 329650 6/27/17 1,347.77 329651 6/27/17 4,921.33 329652 6/27/17 170.00 329653 6/27/17 800.00 329654 6/27/17 1,272.68 329655 6/27/17 1,010.17 329656 6/27/17 585.00 329657 6/27/17 82.67 A/P Total 757,526.43 6222017 6/22/17 5,000.00 GRAND TOTAL $ 762,526.43 276 of 350 IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LIS LLD 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, 1//,(01 MARK ROGER S, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, 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 1st OF AUGUST, 2017. AYES NAYS ABSENT _= 277 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 278 The following page(s) contain the backup material for Agenda Item: Public Hearing Proposed Street Vacation of a portion of undeveloped M Avenue between East 16th Street and East 14th Street. (Applicant: Ralph Gonzales) (Case File No. 2017-04 SC) (Planning) 278 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: 'Public Hearing — Proposed Street Vacation of a portion of undeveloped "M" Avenue between East 16tn Street and East 14th Street. (Applicant: Ralph Gonzales) (Case rite No. 2017-04 SCj PREPARED BY: 'Martin Reeder, AICF PHONE: ,619-336-4313 aVic DEPARTMENT: 'Planning,' APPROVED BY: EXPLANATION: !The City Council initiated the vacation request on April 3, 2017 to vacate approximately 451 feet of "M" Avenue north of East 16th Street. The Planning Commission determined that the vacation is consistent with the General Plan on June 5, 2017. The attached Background Report describes the proposed vacation in more detail. FINANCIAI SIATFMFNT. ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and aiiey vacation do not result in any changes in land use ORDINANCE: INTRODUCTION: FINALADOPTION: STAFF RECOMMENDATION: 'Staff concurs with the Planning Commission determination and recommends approval of the street vacation BOARD / COMMISSION RECOMMENDATION: The Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Baca, Flores, Garcia, Sendt, Quintero, Yamane Noes: DelaPaz1 ATTACHMENTS: 11. Background report 2. Recommended finding & conditions 3. Overhead/site photos 4. Site plan and cross -sections 5. National School District letter dated April 4, 2017 6. Planning Commission Resolution 2017-17 7. Notice of Exemption 8. Public Hearing notice 279 of 350 BACKGROUND REPORT Background The applicant is proposing to vacate approximateiy 451 feet of "Mvi " Avenue north of East 16t Street. The applicant proposes to add the vacated street to their adjacent residential lots, ultimately to be developed with a future residential project. The applicant wishes to ultimately construct a 29-unit multi -unit residential development on the site, a concept site plan for which is included with this application. The concept project consists of nine buildings and 75 parking spaces (45 garage and 29 open), along with required open space. Adopted in January 2006, the City's Street Vacation Procedures require the City Council to initiate a request to vacate any public streets. The Council initiated the street vacation request on April 3, 2017. Pursuant to the Streets and Highways Code, Section 8313 and the Street Vacation Procedures, the Planning Commission must determine whether a proposed vacation is consistent with the General Plan and forward the recommendation to the City Council. Concurrent applications The applicant has also applied for a General Pian Amendment, Zone Change, and Tentative Subdivision Map for the project. The amendment and zone change have already been initiated by the Planning Commission. Public hearings for these items will be scheduled in the near future at the Planning Commission and subsequently at the City Council. Site Characteristics The segment of street proposed to be vacated is considered a "paper street", which is generally undeveloped land, but shown as street right-ot-way on an Assessor's Parcel Map. The 60-foot wide portion of the street abuts nine undeveloped residential lots, owned by the project developer to the west, and the offices of the National School District to the east. The applicant proposes to add the westerly half of the vacated street to their adjacent residential lots, ultimately to be developed with a future residential project. The easterly half would revert to the underlying ownership of the adjacent property owner (National School District). Proposal The area proposed to be vacated is 27,060 square feet in size. The land would be added to the adjacent nine lots owned by the developer for inclusion into a future multi -unit project. Once the street is vacated, each of the nine residential lots would increase in size by approximately 1,500 square feet (50 feet by 30 feet). The applicant is also in the process of applying for a Land Use and Zone change for the properties. If approved, the nine lots would be merged into one and likely mapped for condominium units. ATTACHMENT 1 280 of 350 The area adjacent to "M" Avenue in this location (that is not owned by the developer) is fully developed. The area slopes down from East 16th Street to South Bay Plaza (south to north) and from west to east, to form a rough valley shape. There is an existing single- family neighborhood to the west, which is located behind a large hill; there is an existing mixed -density neighborhood of duplexes and triplexes located across East 16th Street to the south; the National School District offices and bus yard is located to the east, on the other side of the "M" Avenue "paper street"; and South Bay Plaza is located to the north, beyond an existing grove of trees at the bottom of the valley area. Analysis The street segment proposed to be vacated is an undeveloped "paper street" and is not designated as a road or street in the Circulation Element of the General Plan. The "paper street" is not used for any form of motorized or non -motorized access. In addition, the area adjacent to the street to be vacated is fully developed with established uses, and is unlikely to change. As a result of the existing development, and because all the properties adjacent to the site are owned by one entity, no future need for "M" Avenue is anticipated. After vacation, no development would be possible on the nine lots without providing access to East 16th Street. This will ensure that the property or properties is developed in a responsible and planned manner. General Plan Conformance The street segment proposed to be vacated is an undeveloped "paper street" and is not designated as a road or street in the Circulation Element of the General Plan. The nine lots adjacent to "M" Avenue were originally subdivided from one large property in 2000. The area has remained vacant ever since. Merging the parcels and adding half of the area to be vacated would increase the potential of the property. The resultant property size and configuration would be better able to provide a mix of housing that is consistent with the needs of the Housing Element, which focuses on (among other things): • Matching housing supply with need • Maximizing housing choice throughout the community Having a more comprehensive project would also be consistent with General Plan policies related to Goal LU-7: The efficient use of land and infrastructure, specifically, the following policies: 281 of 350 • Policy LU-7.1: Establish incentives to promote the use and development of vacant infill parcels and the intensification of land uses on underutilized parcels to realize the greatest benefit to the community. • Policy LU-7.6: Support the strategic conversion of certain sections of streets into developable land only where the conversion positively contributes to the redevelopment and revitalization of the area, improves traffic safety, and does not impede emergency access. This is important because the City is almost completely built out, but additional population growth and development still needs to be accommodated. Vacant parcels, underutilized parcels, and existing vacant buildings are the most logical locations to direct future development. Planning Commission hearing Planning Commission held a hearing on May 1, 2017 in order to review if the proposed vacation was in conformance with the City's General Plan. At the meeting, a representative of the National School District provided a letter outlining the conditions under which the District would accept the easterly 30 feet of "M" Avenue, should it ultimately be vacated. In addition, the District representative and Planning Commissioners raised concerns about drainage impacts resulting from the proposed development. In order to address the concerns of the School District and the Planning Commission, the applicant provided three cross -sections of the property at a subsequent meeting held on June 5, 2017. The sections show the finished level of "M" Avenue in a post -development state. All three cross -sections show that the ground will slope a -way ftorn the District property to the base of the retaining wall that would be part of the project. With this necessary drainage infrastructure in place, no impacts to the District property would be caused by the proposed development. The cross -sections are attached. The applicant will also construct a new storm drain within the easterly 30 feet (sewer and storm drain shown in the profile), which is a requirement of the Engineering Department. It is important to note that all new improvements along "M" Avenue will be the burden of the developer and at no time will the District be financially responsible for the costs of said improvements. Staff researched what could occur if the School District did not wish to accept the vacated area of "M" Avenue; however, no provisions or examples were provided by the Streets and Highways Code, which governs right-of-way vacations. In addition, the applicants 282 of 350 have stated that if the District does not wish to accept the easterly 30 feet of "M" Avenue, the developers would be willing to assume that property as an addition to the street vacation. In this case, no increase in the size of the development would occur; the extra right-of-way would simply become part of the buffer between the properties. The Planning Commission determined that the Street Vacation was in conformance with the National City General Plan (Circulation Element). Summary The General Plan Circulation Element does not identify the area as a road or street. The proposed street vacation does not conflict with the policies and goals of the General Plan. Furthermore, the vacation would promote a more comprehensive project that is consistent with the Housing Element. if the undeveloped street is vacated, the applicant will continue with the concurrent applications described above. Staff reports will be provided to the City Council at a public hearing after Planning Commission has also held a public hearing. Reports will include appropriate environmental review. Options 1. Approve 2017-04 SC based on attached findings or other findings as determined by the City Council, subject to the attached conditions and; or 2. Deny 2017-04 SC based on findings as determined by the City Council; or, 3. Continue the item for additional information. 283 of 350 RECOMMENDED FINDING OF APPROVAL 2017-04 SC — 16th Street & "M" Avenue i That the Street Vacation as described in Case File No. 2017-04 SC is not necessary for present and prospective public use, because the portion of "M" Avenue to be vacated is an undeveloped "paper street" that does not serve to provide any motorized or non -motorized access. In addition, the street is not identified as a road or street in the Circulation Element of the General Plan. ATTACHMENT 2 284 of 350 RECOMMENDED CONDITIONS OF APPROVAL 2017-04 SC — 16th Street & "M" Avenue General 1. This Street Closure authorizes the vacation of 60 feet by 451 feet of "M" Avenue north of East 16th Street. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform to Exhibit A, Case File No. 2017- 04 SC dated 4/5/2017, and Exhibit B, Case File No. 2017-04 SC dated 5/9/2017. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental filing fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Sweetwater Authority 3. In accordance with current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities, water service must be provided from an Authority -owned water main located within the right-of-way or an Authority -owned easement. Following vacation of the undeveloped portion of "M" Avenue, all water to serve the conceptual site shall be required to be obtained from an existing 16" PVC water main located within the right-of-way on East 16th Street. 285 of 350 2017-04 SC —16th & "M" -- Overhead N3ticina Services ATTACHMENT 3 286 of 350 Site Photos — 2017-04 GPA, ZC 16th & "M" — Street Vacation Looking north from East 16th Street Looking northwest from East 16th Street 287 of 350 "I 'M' AVE & 1 6TH ST PROJECT CONCEPTUAL SITE DEVELOPMENT LAYOUT NATIONAL CITY, CA a S IrCIrw aN.IY 7 , ; _fv :.dew°.i :: • ist, Aloie :4ii LM14.w tN�l„ AFj1L tlY! �: -_.l m -Sj96• Y!, .4*L.0 �10'tlRt ::' . :.Ii.N .'J tray.r. I5A0 ... • :.E[t.R! .. AVENUE ___-...._....._......._._..� EX}418NT: A- CME FILE Rom4 20/7 -o'f cl �,-c (me y_Awitn7 20 10 0 SCIao9.59 20 AO e0 T SCAAM ZO. SITE DEVELOPMENT PLAN SCAIE:Th*20'.0` SCOPE OF WORK AIEIYINAX 3IIE 0E0Lon. OC FUN LEGAL: 5UIOMUONNAP 15223I01511MlU9 PRO rigikDDRESS: NVTMNOCRY, GALNO RAA APN: 557452.171312U 25 OWNER: 1YN1E51MGPoFM.ILC Fo10R149! MOOD OYRA F9, CAMS/ 80,06/762 PROJECT INFORMATION: wm4alar9lr TOTAL SWAGE 914.11110211N011111 VACATION} TOTAL r Of OATI. YLRINEOFOWpMOl M/MESPACE AIM!®: 99 UN1E 960 SF >rtaP XARIbDY[NFN 1E010817 290NRS A200 Sr FROFORM 11400l IMWlI1FRTAE(yL FRDIOIMARFA KM} ZOI'OD 1 11DNI NA E2091D0OIIRAIAI IR0101ED20H`f0t FXON60NKAM ER LPI PAOP06ED0N+Eb1 POW: N k 9 1.32 AG / 7J954 !F. man l0t 11,572 E.F. 2F1911! 7911 E.F.I10.716 152 FlJ0129AYAY M.HCLN1WI OI{MUOIIAMyr RBIDENT40 RSIGHa1MEl-0UNUyOC RESIDENTIAL9.23 UNlVAC _VICINITY MAP NOTTO Sre1F AY. wont:E s OM AVOW! • SMIPLAN �tPTIJAL LAN Itre AO gaUSwdims'Le°...yr ., ATTACHMENT 4 288 of 350 • , �f Lf I .. o-� `I _, • PLAN OF CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) t` 1 3 l' -8 — &-- V L um,, g- AVE N U E 1 CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT ht Lfr ' l�o P 1 .. .Y._.. -31` _Itortm LLLT VICINITY MAP rrim W .4il b5- r CL SCAM I'•m 20 10 0 20 40 60 SCALE IN FEET SCAM 1' • 02 SITE DEVELOPMENT PLAN 289 of 350 90 80 70 CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) AND ASSOCIATED IMPROVEMENTS 'Ae AVENUE swot r D�TQ9ABVTSYIEi AIDHEVAIKW II I 1i1N Glum I 0 PAPRE HON Y 317 VACANON so' PAD&WATCH 11.4116PADBEV a 111-1 I-IIH Ei1S7LM9 DRAINAGE E SW4LE -III= naN 0+50 0+100 SECTION 1-1 HOR1ZONTA1.: 1'=10' VERi1CAL: 1'=4 TAINIV4G WALL VERIICA1 szoPE RETAINING WAIL VERIICAL SLOPE 60 -TTI1 I1=� 90 . „—--L4M/T 0 EAIS17IsG SCHOOL DIRRICT PROPERIY 80 70 96' Siom DRAIN SEW& 0+150 50 290 of 350 90 CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) AND ASSOCIATED IMPROVEMENTS LIMIT OFDt7SANG DEVE1.0PMENT511E AIME eon RIDdEYATION 1- I ��.`I�I III_—IIHII ,A Ip „x„, 80 2.111=1�1— i- r I =1 111 L =III-� G WM l 1-1�� -' 1- 11 11-- PROPOSED70 RE AVAING ''—I Ill h, Wall _111=1� �iI;�III�_ 60_I I I ICI . . —I1 50 0 SWING 1Z4t AGE SWAIE 0+50 ROADWAY 90' 0+100 SECTION 2-2 VACATION 30' 2:•1 SLOPE HORIZONTAL 1'=10' VERTICAL 1•=4' RETANNG WALL PR !WISH GRADE PR. 36' STORM COIN EX SEWER 0+150 90 SCHOOL DIS R1CT PROPERTY 80 70 60 50 OSP UV REM wiz STAR CWG FCC �MM.*. 5,00027 291 of 350 CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) AND ASSOCIATED IMPROVEMENTS T� 1.. umff Jft7135IJ6 1 I: , I `1: 6E{ PME TSI E ' - 1 �. --1 I I —I I I�R � ��.�_ 'l IIItI�IIIfl I�'r.,iH 111171ii7,7Er � fll711Ii �Inr_itf l maw 80 II911 i ITS . III 1,' REfa rta 70 1I'il IEII I_III= IIh III—� II! 60 ,� III -I 7 7111 6/7 ti ROADWAY 30' 50 50 E.1NINO DRAINAGE SWAIE 1 YAGIKW 30' 0+100 SECTION 3-3 HORIZONTAL: 1'-10' VERTICAt:1 =a' PERrncAu SLOPE RETAH t V WAIL :I I IH I I ;SIT M. 36' SIORM DRAIN 0+150 80 70 60 50 292 of 350 i.4 ;i.d. April 4, 2017 Ralph Gonzales Owners Representative White Star Capitol LLC PO 3o;: 1265 Rancho Santa Fe, CA 92067 Re: "IUD" Avenue Road Vacation Dear Mr. Gonzales, "M" Avenue is currently an uncompleted roadway that abuts up to the National School District property located at 1500 "N" Avenue. Completion of this roadway would serve no public purpose, eecept to put traffic immediately adjacent to our office buildings and bus yard. As a result, the National School District supports the vacation of "M" Avenue as shown an your "Ma AVE & 16Th ST PROJECT Iv? STREET ROAD VACATION MAP (attached). In order for the District to determine if we are willing accept the 30 feet of continuous vacated land as requested, we would need to have a survey of the land completed to ensure there are no geological issues. This is necessary due to the flood channel that is present at approximately 25 feet from District property'. Once a survey is completed, the completed repori would need to be presented to the N :tional School District Governing Board to determine if it is in the District's interest to accept the land, and take formai action to do so. if you have any questions or cooc:ems, please do not hesitate 'contacting me. can be reeched at 619-336-7710, or by email E. ccarsonCc ansd.us. Sincerely, Christopher B. Carson Assistant Superintendent Business Services 1500 °N° Avenue . National City, California 91950 , (619) 336-7710 . FAX (619) 336-7516 ATTACHMENT 5 293 of 350 Item no. 1 June 6, 2017 RESOLUTION NO. 2017-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, FINDING THE VACATION OF A PORTION OF UNDEVELOPED "M" AVENUE BETWEEN EAST 16T" STREET AND EAST 14T" STREET FOR CONFORMANCE WITH THE GENERAL PLAN. CASE FILE NO. 2017-04 SC WHEREAS, the Planning Commission of the City of National City considered the vacation of portion of undeveloped "M" Avenue between East 16th Street and East 14th Street for consistency with the General Plan at hearings held on May 1, 2017 and June 5, 2017, at which time oral and documentary evidence was presented; and, WHEREAS, at said hearing the Planning Commission considered the staff report contained in Case File No. 2017-04 SC maintained by the City and incorporated herein by reference along with evidence and testimony at said hearing; and, WHEREAS, this action is taken pursuant to all applicable procedures required by State law and City law; and, WHEREAS, the action recited herein is found to be essential for the preservation of public health, safety, and genera! welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, based on the testimony and evidence presented to the Planning Commission at public hearings held on May 1, 2017 and June 5, 2017, that the Planning Commission finds the proposed Street Vacation in conformance with the National City General Plan. BE IT FURTHER RESOLVED that the application for Street Vacation, if approved, is subject to the following conditions: General 1. This Street Closure authorizes the vacation of 60 feet by 451 feet of "M" Avenue north of East 16th Street. Except as t equirer_1 by coed Lions of approval, all plans submitted ATTACHMENT 6 294 of 350 Planning Commission Meeting of June 5, 2017 Page 2 for permits associated with the project shall conform to Exhibit A, Case File No. 2017- 04 SC dated 4/5/2017, and Exhibit B, Case File No. 2017-04 SC dated 5/9/2017. 2. Within four (4) days of approval, pursuant to Fish and Game Code 711.4 and the California Code of Regulations, Title 14, Section 753.5, the applicant shall pay all necessary environmental fling fees for the San Diego County Clerk. Checks shall be made payable to the County Clerk and submitted to the National City Planning Department. Sweetwater Authority 3. In accordance with current Sweetwater Authority Design Standards and the Standard Specifications for Construction of Water Facilities, water service must be provided from an Authority owned water main located within right-of-way or an Authority owned easement. Following vacation of the undeveloped portion of M Avenue, all water to serve the conceptual site shall be required to be obtained from an existing 16" PVC water main located within right-of-way on East 16th Street. BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of June 5, 2017 by the following vote: AYES: Quintero, Baca, Garcia, Sendt, Yamane, Flores NAYS: None. ABSENT: Dela Paz ABSTAIN: None. 295 of 350 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn.: Fish and Wildlife Notices 1600 Pacific Highway, Suite 260 San Diego, CA 92101 MS: A-33 Project Title: 2017-04 GPA, ZC Project Location: Properties adjacent to "M" Avenue north of East 16th Street, National City, CA 91950 Lead Agency: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature, Purpose and Beneficiaries of Project: Request to initiate an amendment to National City's General Plan Land Use and Zoning to change the zone from RS-2 (Small Lot Residential) to RM-1 (Medium -Density Multi - Unit Residential). Applicant: White Star Capital LLC c/o: Ralph Gonzalez F.O. Box 1265 Rancho Santa Fe, CA 92067-1265 Exempt Status: Telephone Number: (760) 522-1026 Z Categorical Exemption. Class 6, Section 15306 (information Collection) Reasons why project is exempt: It can be seen with certainty that the project will not have a significant effect on the environment, seeing that these applications are part of a study leading to a separate future action which will receive appropriate environmental review prior to approval. Date: MARTIN REEDER, AICP Principal Planner 296 of 350 NT 7 CITY OF NATIONAL. CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalia, CMC - City Clerk NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of National City will hold a Public Hearing after the hour of 6:00 p.m., Tuesday, June 20, 2017, in the City Council Chambers, 1243 National City Blvd., National City, CA., to consider: PROPOSED STREET VACATION OF A PORTION OF UNDEVELOPED "M" AVENUE BETWEEN EAST 16TH STREET AND EAST 14TH STREET Anyone interested in this matter may appear at the above time and place and be heard. If you challenge the nature of the proposed action in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice, or in written correspondence delivered to the undersigned, or to the City Council of the City of National City at, or prior to, the Public Hearing. The Planning Commission found the street vacation in conformance with the National City General Plan at their meeting of June 5, 2017 by unanimous vote with one member absent. June 7, 2017 Michael R. Dalla, CMC City Clerk ATTACHMENT S' 297 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 298 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for Fiscal Year 2018 in compliance with the requirements of the California Public Employees Retirement System (Ca1PERS), increasing th 298 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving a salary schedule for the Executive employee group for Fiscal Year 2018 in compliance with the requirements of the California Public Employees' Retirement System (CalPERS), increasing the bands for Deputy City Manager and Police Chief; and adding a band for Assistant Police Chief. PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: See attached explanation DEPARTMENT: Human Resources APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS There is no fiscal impact associated with this action. Personnel costs for Executive employee group are incorporated in the City of National City General Fund budget adopted by the City Council at its meeting of June 6, 2017. ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution approving the Fiscal Year 2018 compensation plan for the Executive employee group BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Executive Employee Group Salary Schedule 299 of 350 EXPLANATION All employees of the City of National City receive a rate of pay within the established salary band for the job classification into which the employee has been hired. The purpose of this item is to establish the Fiscal Year 2018 salary schedule for classifications within the Executive employee group. The salary schedule as attached includes an increase in the bands for Deputy City Manager and Police Chief as follows: Current Top of Band* Proposed Top of Band* Deputy City Manager $14,583.33 $15,250.00 Police Chief $14,992.31 $16,500.00 The proposed schedule also includes the addition of the Assistant Police Chief classification. On July 13, 2017, the City of National City Civil Service Commission unanimously approved a request to exempt the Assistant Police Chief classification from classified service, thus making it an at -will position. Other at -will positions include the Part -Time employee group, the attorneys in the Office of the City Attorney and the Executive employee group. With this Council action, staff seeks to place the Assistant Police Chief in the executive compensation schedule. In a companion agenda item (approval of the Management employee group salary schedule), staff requests that the classification be removed from the Management employee group salary schedule. Other classifications in the executive schedule are the city managers, department directors and the Senior Assistant City Attorney. The change in group in warranted by the span of control, criticality of the functional area, and the consequence of error. The proposed band for Assistant Police Chief is: $11,368.50 - $15,000*. *Per month 300 of 350 City of National City Human Resources Department EXECUTIVE EMPLOYEE GROUP SALARY SCHEDULE Fiscal Year 2017-2018 Exhibit A POSITION TITLE SALARY BAND (MONTHLY) SALARY BAND (ANNUAL) City Manager $17,496.31 (Actual Salary) $209,956 City Attorney $16,666.67 (Actual Salary) $200,000 Assistant City Manager $ 6,249.76 — $ 16,041.67 $ 74,997.12 — $ 192,500.00 Assistant Police Chief $ 11,368.50 — $ 15,000.00 $ 136,422.00 — $ 180,000.00 City Librarian $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Community Development Executive Director $ 7,288.00 — $ 13,657.88 $ 87,456.00 — $ 163,894.56 Community Services Director $ 7,287.50 — $ 10,687.91 $ 87,450.00 — $ 128,254.92 Deputy City Manager $ 6,249.76 — $ 15,250.00 $ 74,997.12 — $ 183,000.00 Director of Administrative Services $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Building & Safety $ 5,561.82 — $ 10,731.49 $ 66,741.84 — $ 128,777.88 Director of Community Development $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Emergency Services $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Director of Finance $ 5,643.44 — $ 12,480.99 $ 67,721.28 — $ 149,771.88 Director of Housing & Economic Development $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Neighborhood Services $ 5,363.60 — $ 11,472.86 $ 64,363.20 — $ 137,674.32 Director of Planning $ 5,643.44 — $ 13,087.65 $ 67,721.28 — $ 157,051.80 Director of Public Works $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Director of Public Works/City Engineer $ 5,643.44 — $ 12,669.53 $ 67,721.28 — $ 152,034.36 Fire Chief $ 5,946.60 — $ 13,250.55 $ 71,359.20 — $ 159,006.60 Human Resources Director $ 4,862.22 — $ 12,501.50 $ 58,346.64 — $ 150,018.00 Police Chief $ 6,541.26 — $ 16,500.00 $ 78,495.12 — $ 198,000.00 Records Management Officer $ 5,462.71 — $ 8,609.78 $ 65,552.52 — $ 103,317.36 Senior Assistant City Attorney $ 7,433.25 — $ 13,575.03 $ 89,199.00 — $ 162,900.36 301 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 302 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit - C&M Motors Inc. requesting to use the vacant lot located at 21 West 7th Street for storage of commercial trucks from August 1, 2017 thru August 1, 2018 with no waiver of fees. (Neighborhood Services) 302 of 350 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE August 1, 2017 ITEM TITLE: Temporary Use Permit — C&M Motors Inc. requesting to use the vacant lot located at 21 West 7th Street for storage of commercial trucks from August 1, 2017 thru August 1, 2018 with no waiver of fees. AGENDA ITEM NO. PREPARED BY: Dionisia Trejo PHONE:(619) 336-4255 APPROVED BY: EXPLANATION: This is a request from C&M Motors Inc. to use the vacant lot located at 21 West 7th Street for storage of commercial trucks from August 1, 2017 thru August 1, 2018. C&M Motors, located at 904 Roosevelt, does not have adequate room to store vehicles on their property, hence this TUP request. DEPARTMENT Neighborhood Services Department C&M Motors is a full service truck leasing and sales company servicing the greater San Diego area since 1982. C&M Motors is family owned and operated yet offers all the benefits of nationwide service and roadside assistance as a member of Nationalease. C&M Motors sells and services a premium selection of new and used commercial trucks, including specialty trucks like moving trucks, refrigeration trucks, flat beds, bobtails, dump bodies, tow bodies and more. Staff recommends approval for a period of six months ending on January 31, 2018. Note: This is the first year this organization has requested a Temporary Use Permit to use the subject lot for temporary storage of commercial trucks. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: City fee of $237.00 for processing the TUP through various City Departments. Total Fees: $237.00 ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION:, STAFF RECOMMENDATION: Approve the Application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: Finance MIS ;NIA, ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 303 of 350 4 Type of Event= ❑ Fair/Festival ❑ TUP City of National City c Neighborhood Services Department 1243 National City Boulevard ■ National City, CA 91950 (619) 336-4364 ■ fax (619) 336-4217 www.nationalcityca.gov Special Event Application El Parade/March ❑ Walk or Run El Concert/Performance ❑ Sporting Event ❑ Other (specify) Po•✓'1Con.ct .Event-.N'anie "& Location Event Title Event Location (list all sites being requested) 1. 741. S4 ; RECEIVED Event Times Set -Up Starts II Date. 8i r J I Time I ��'j Day of Week 7 Event Starts Date i' l 1 J 7 Time re `i h �-� Day of Week Event Ends Date $Ja/Ifi Breakdown Ends. Date Si s 1p JUN 05 2017 Neighborhood Smote Department City at Nahonai City Time M tev-5 Day of Week Time act /leS Day of Week 9 Applicant Information.; Applicant (Your name) $''1; Lt 4 T e-1 Sponsoring Organization. C: �'� +�c r„ Event Coordinator (if different from applicant) Mailing Address 904 eve i a- Artie ;l . i) 9 10 Day Phone Gl1-4711- III After Hours Phone g1g-r11.7W-7)179 Cell 41 f 0- Fax , .J/d9-- Public Information Phone Su'C E-mail M' Ic-,s- Ct i Ce..41 Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and ell loss, damage, liability, claims, demands, detriments, costs, charges, expense (including attomey's fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily injury to or death of any persons (including but not limited to the employees, subcontractors, agents and Invitees of each party hereto) arising out of or in any way connected to the occupancy, enjoyment and use of any City premises under this agreement to the extent permitted by law. Applicant understands this TUPlspecial event may implic to fees for City services, which will have to be pald in the City's Finance Department 48 hours prior to the eve -up. The undersigned also understands and accepts the City's refund policy for application processing a �nd are subject to change. that fees and charges are adjusted annually and Signature of Applicant: Date 5-/)1 / 304 of 350 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. FeeslProceeds/Reportin • Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No tIJ Are admission, entry, vendor or participant fees required? Yes ❑ Notrr If YES, please explain the purpose and provide amount (s): $ C) Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $1jOO 4 i" 9. Estimated Expenses for this event. $ £7 What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Descriptionof Event ❑ First time event Returning Event ❑ include site map with application Note that this description may be published in our City Public Special Events Calendar: AC: pve. r PI d rA.aa L' v , L,: c i v S e1.1 (; -¢ Pa ,✓-ie cc) C)., jib v-c. s4- tie ;Estimated Attendance ' ,r Anticipated # of Participants: t✓ Anticipated # of Spectators: J(/1 2 305 of 350 Traffic. Control, Securit , First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No KY List any streets requiring closure as a result of the event (provide map): Date and time of street closure: Date and time of street reopening: ❑ Other (explain) Requesting to post "no parking" notices? Yes ❑ No f1d El Requested "No Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Other (explain) -Securit _awl Crowd Control. Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and Internal Security: _ Have you hired Professional Security to handle security arrangements for this event? Yes ❑ No i If YES, name and address of Security Organization Security Director (Name): Phone: If using the services of a professional security firm AND the event will occur on City property, please provides copy of its insurance certificate, evidencing liability with limits of at least $1 Million dollars per occuranoe/$2`llllillion dollars aggregate, as well as and additional insured endorsement naming the City of National City, its officers, employees, and agents as additional insureds Evidence of insurance must be provided by the vendor or its insurer to the Cdy's Risk Manager for review and approval prior to the event. Is this a night event? Yes ❑ NoYJ If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 306 of 350 First Aid Depending on the number of participants, your event mayrequirespecific First Aid services. / First aid station to be staffed by event staff? Yes ❑ No ls l irst aid/CPR certified? Yes El No L� 0 First aid station to be staffed by professional company. ► Company Accessibilit Please describe your Accessibility Plan for access at your event by individuals with disabilities: Elements of our Event Setting up a stage? Yes ❑ Not ❑ Requesting City's PA system . ❑ Requesting City Stage; if yes, which size? 0 Dimensions (13x28) ❑ Applicant providing own stage (Dimensions) Setting up canopies or tents? # of canopies size # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? ❑ Furnished by Applicant or Contractor # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up ❑ Dimensions (20)(28) ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs 0 No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 307 of 350 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) ❑ Not setting up any equiprn nt listed above at event ,�/ Having amplified sound and/or music? Yes ❑ NoL ❑ PA System for announcements ❑ CD player or DJ music ❑ Live Music ► ❑ Small 4-5 piece live band l► 0 Large 6+ piece live band ❑ Other (explain) If using live music or a DJ. ► Contractor Name Address City/State Phone Number Using lighting equipment at your event? Yes❑ No` ! �`,�_ ❑ Bringing in own lighting equipment ❑ Using professional lighting company P. Company Name Address City/State Using electrical power'? Yes ❑ No' ❑ Using on -site electricity ❑ Bringing in generator(s) ❑ For sound and/or lighting ❑ For sound and/or lighting Phone Number ❑ For food and/or refrigeration ❑ For food and/or refrigeration :Vendor Infornla.ttoil EASE NOT You may be:r?equired to apply for a tainP9r4121baallil Partnit: if hod or beverages ana Id`of given awe during your special event. Also see . srr ,.s a Comp icr7 ' on page 3 inThe Special Evant.-$ride. For additional information on obtaonib'g a fier:v por r-healthpermit, pletase4Ontact the County of San Diego Environmental Health at (679)'338 6'3. .• Having food and non-alcoholic beverages at your event? Yes ❑ No2 ❑ Vendors preparing food on -site P. # ► Business License # If yes, please describe how food will be served and/or prepared: If you intend to cook food in the event area please specify the method: 0 GAS ❑ ELECTRIC ID CHARCOAL 0 OTHER (Specify): ❑ Vendors bringing pre -packaged food ► # ► Business License # ❑ Vendors bringing bottled, non-alcohoiic beverages (i.e., bottled water, can soda, etc.) ► ## ❑ Vendors selling food # i Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 308 of 350 ❑ Food/beverages to be handled by organization; no outside vendors ❑ Vendors selling services # ► Business license #(s) I. Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event Having children activities? Yes ❑ No PLEASE NOTE: In the event inflatable Jumps are provided at th'e event, The City of National City requires commercial liability insurance with limits of at least $1 Million dollars per occurrence/$2 Million dollars aggregate. In addition, the City of National City must be named as an Additional Insured pursuant to a separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event The application shoujd be filed out at least one week prior to the event. There is a $25 fee to process the permit application. For questions or to obtain a copy of the "Facility Use Application", please contact the Engineering/Public Works Department at (619) 336-4580. ❑ Inflatable bouncer house # ❑ Rock climbing wall Height ❑ Inflatable bouncer slide # ❑ Arts & crafts (Le., craft making, face painting, etc.) ❑ Other \i2i/ la Having fireworks or aerial display? Yes D No ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PLEASE NOTE; In the event fireworks or another aerial display is planned for your event, The City of National City requires commercial liability insurance with limits of at least $2 Million dollars per occurrence/ $4 Million dollars aggregate. In addition, the City of National City must benamed as an Additional -Insured pursuant to a -separate endorsement, which shall be provided by the vendor or its insurer to the City's Risk Manager, along with the Certificate of Insurance, for approval prior to the event Depending on the size and/or nature of the fireworks display, the City reserves the nght to request higher liability limits. The vendor must also obtain a fireworks permit from the National City Fire Department and the cost is $502.O0 Arranging for media coverage? Yes❑ No V ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 309 of 350 ?L:EASliz NOTE, For City sponsored, or co -sponsored events, bannerSpublioizirxg the event may be pled on_the eids1rng .poles on the 1800 block and 310b block of National City Boulevard The .banners Mist be made :tojlhe CRY'S specdcations. Please refer to the Cstyr's SpecialLEvent Guidebook and :fee hadble %r eddltional information. Are you planning to have signage at your event? Yes ❑ No \lie ❑ Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # N (complete Inflatable Signage Request form) ❑ Yes, we will have banners # ❑ What will signs/banners say? ❑ How will signs/banners be anchored or mounted? Waste Management PLEASE NOTE. One toilet for every 250 people is required, unless the applicant can show that there are stfflcient.facilities in the immediate area available to the public during the event. Are you planning to provide portable restrooms at the event? Yes 0 No Eev If yes, please identify the following: ► Total number of portable toilets: l- Total number of ADA accessible portable toilets: ❑ Contracting with portable toilet vendor. ► Company Phone ► Load -in Day & Time ► Load -out Day & Time ❑ Portable toilets to be serviced. ► Time Set-up, Breakdown., Clean-up ' Setting up the day before the event? ❑ Yes, will set up the day before the event. ► # of set-up days) ❑ No, set-up will occur on the event day Requesting vehicle access onto the turf? ❑ Yes, requesting access onto turf for set-up and breakdown (complete attached Vehicle Access Request form) ❑ No, vehicles will load/unload from nearby street or parking lot. 310 of 350 NPD;E- Litter Fens. _ ❑ City to install litter fence ❑ Applicant to install litter fence ❑ NIA Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. ► # of breakdown day(s) ❑ No, breakdown will occur on the event day. How are you handling clean-up? ❑ Using City crews ❑ Using volunteer clean-up crew during and after event. ❑ Using professional cleaning company during and after event. Miscellaneous Please list anything important about your event not already asked on this application: Please make a copy of this application for your records. We do not provide copies. 8 311 of 350 Special Events Pre -Event Storm Water Compliance Checklist . Special Event Information Name of Special Event: C. 4.11 E10 -- Ralst) L. r► Event Address: I VI, 'Vim 57 Expected # of Attendees: Event Host/Coordinator: Nil Gl'►Qee1 i e4t Phone Number: 619-(4741-r7► II. Storm Water Best Management Practices (BMPs) Review YES NO N/A Will enough trash cans provided for the event? Provide number of trash bins: Will enough recycling bins provided for the event? ' ' Provide number of recycle bins: CJ Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) L.-- Do ail storm drains have screens to temporarily protect trash and debris from entering? d ...-- (......,"- Are spill cleanup kits readily available at designated spots? [__._--- * A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 312 of 350 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 i.ncludes the City,. its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of•A:VII. and that the insurance company is a California. admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: C,.t11 Ho-fo I .. Person in Charge of Activity: i C, a e ( Ior-h. Address: ! O C( 140 S.NG 14- 4 V& Telephone: (o« - 474'99t Date(s) of Use: $11 / 1 -7 I I & 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 ivi taken under the permit by the permittee or its agents, employees or Signature of Applicant: Official Title: h EL P eS%Se"— Date: C, / 5117 or Ose Only Certificate of Insurance Approved Date 10. 313 of 350 „'0' 9- 1 r 314 of 350 11 'ryas o May 11,2017 Akash Patel Satnaam Hotels, Inc. 425 Roosevelt Avenue National City, CA 91950 Right of Entry For Temporary Use of Property for Truck Storage and Staging Mike Torti, ("C&M Motors") isrequestingpermission from Akash, the representative forthe owner ofrecord, Satnaam Hotels, Inc, aCaliforniacorporation, ("Owner") of the property described as parcel 2 of Parcel Map No. 8863, recorded May 15, 2002 at Recorder's File Page No.2002-04.1423 9 in the Office ofthe County Recorder of San Diego, (the "Property"), and more particularly described as Assessor's Parcel No. 555-052-15. The Property being requested for C&M Motor's use is depicted in the Exhibit "A", consisting of one (1) page, and made a part of this agreement by reference (`the Property") for the purposes listed below: Storing and staging Commercial Trucks ONLY. Existing property fencing will be usedinplaceandsupplemented ifnecessarywith removable fencing by C&M Motors ("Permitted Purposes"). Satnaam Hotels, Inc. consents C&M Motors the Permitted Purposes on the Property, subject to the following terms and conditions: 1. The term ofthe license shall be for approximately 6 months, beginning approximately May 15,2017 and terminating by November 15, 2017 (the"Term"). C& vIMek s may extend the term on a month -to -month basis by delivering to Owner, on or before 30 days before the final day ofthe current term, (a) a written notice stating the desired length of time for which C&M Motors wishes to extend the term ("Extension Tenn") and (b) payment ofthe fee forthe first month of the Extension Term. The Initial Term and the Extension Term shall be referred to collectively as the "Term". This Agreement is for alicense, not a lease, provided, however, that Owner shall not revoke such license except for a material default of C&M Motors that remains uncured beyond applicable noticeandcure periods. 2. As valuable consideration for the use of the Property, C&M Motors agrees to pay fees to Ownerinthe amount of$9,000.00 asaone-time., non-refundable payment for the Term ofthe License, and $1,500 per month thereafter, payable on or about the first day ofevery month, on a month by month basis forthe Extension Term. Payment ofthe first installment of the fee shall be made within 10 days ofexecution ofthis.Entry Permit. 3. Both parties may terminate this Agreement for any reason or no reason and at anytime, with or without cause by providing said party with thirty (30) days written notice in accordance with the notice provisions of Section 12 herein. 315 of 350 4. At the end ofthe Term, C&M Motors shall cause the Property to be restored to a condition as close to the condition it was in at beginning ofthe Term as is possible taking into account environmental guidelines and reasonable wear and tear. However, C&M Motors shall be required to restore any damage to the Property that is caused by C&M Motors or its employees, contractors, subcontractors, agents or invitees. 5. C&M Motors shall cause the removal of all garbage and refuse deposited on the Property as.a result of C&M Motors activities. 6. C&M Motors shall not, without Owner' s prior written consent place, use, release, generate, store or dispose of any fuel, explosive or flammable materials or other Hazardous Materials on the Property in any amountthat, individually or in the aggregate, gives rise to a reporting requirement under Environmental Laws. For the purposes of this Agreement, the term "Hazardous Materials" shall mean all chemicals, materials, substances and items in any formthat because of their physical, chemical or other characteristics may pose a risk of endangering human health or safety or of degrading the environment and are regulated under any Environmental Law. For the purposes ofthis Agreement, the term "Environmental Law" shall mean any Applicable Law relating to: (a) air emissions or the storage, use, release, generation, ti eatment, storage or disposal ofhazardous or toxic wastes, wastewater discharges and similar environmental matters, or (b) the impact ofthe matters described in the preceding clauseupon human health or the environment, including but not limited to the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 960 1 etseq.),the Hazardous Materials Transportation Act (49 U.S.C. § 5101 etseq.), the Resource Conservation and RecoveryAct(42 U.S,C. § 6901 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42U.S.C. § 7401 etseq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the oil Pollution Act (3 3 U.S.C. § 2f31 et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651 etseq.), the Emergency Planning and Community Right -to -Know Act(42 U.S.C. § 11 001 ct seq.), the Porter -Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Ca]. Health & Safety Code § 25249.5 ei seq.)„ the Hazardous Substance Account Act (Cal.-leaith & Safety 316 of 350 1.3 Code § 25300 et seq.), the Hazardous Waste Control Act (Cal. Health & Safety Code § 25100 et seq.), and the California Clean Air Act (Cal. Health & Safety Code § 39000 et seq.). IfC&M Motors and/or any C&M Motors contactor causes a release of any Hazardous Material in a quantity that is reportable under Environmental Laws, then C&M Motors and/or acontractor oragentofC&M Motors shall notify Owner in writing or by telephone within twenty-four (24) hours after C&M Motors becomes aware ofsuch release and the obligation to report the same underEnvironmental Laws, and shall remove and remediate such Hazardous Material in accordance with Environmental Laws. C&M Motors shall be responsible or liable for any Hazardous Materials that are released or placed on the Property by C&M Motors or its employees, contractors, subcontractors, agents or invitees. 7. C&M Motors hereby agrees to assume al l risk incident to the use ofthe Property for personal injury to or death of C&M Motors employees, contractors, subcontractors, agents or invitees or damage to C&M Motors property arising from the Permitted Purposes and to indemnify and hold harmless Owner, for any and all damages or expenses, (including, but not limited to, attomey's fees) (collectively, "Claims"), attributable to personal injury, death or property damage to the extent caused by the negligent acts or negligent omissions of C&M Motors, its employees, agents, contractors, or invitees; provided, however, that C&M Motors indemnification obligations shall include consequential, exemplary or punitive damages. 8. C&M Motors shall not acquire prescriptive rights to the Property by virtue of this Agreement. 9. Owner's consent is required for any assignment by C&M Motors to an entity controlling, controlled by or under common control with C&M Motors or in connection with any sale ofamajority of the stock of C&M Motors or all or substantially all ofthe assets of C&M Motors oranymergers, consolidation orreorganizationof C&M Motors. 10. C&M Motors shall not be in default under this Agreement unless C&M Motors shall havefailedto perform any obligation under this Agreement within thirty (15) days after written notice from Owner (provided that if such performance reasonably requires longer than thirty (15) days, C&M Motors shall not be in default so long as C&M Motors shall have commenced performance within said thirty (15) day period and is diligently prosecuting such cure to completion). 11. In the event any action or proceeding is commenced to enforce or interpret any of the provisions of this Agreement, the prevailing party in such action orproceeding shall be entitled to recover its attorneys' fees and costs from the other party, whether or not such action or proceeding proceeds to judgment. For the purposes of this Section 11, the term "prevailing party" shall mean theparty that is entitled to recover its costs ofsuit for the proceeding, whether or not the same proceeds to final judgment. 317 of 350 12. All notices or other communications required orperrnitted bythis Agreement shall be in writing and shall be considered as properly given (a) if delivered in person, (b) if sent by overnight courierservice(includingFedEx, UPS and other similar overnight delivery services, (c) if Mailed by first class United, States Mail, postage prepaid, registered or certified with return receipt requested, or (d) if sent by fax with receipt confirmed, addressed as follows: If C&M Motors: Mike Torti 555 W. 51h Street, ML 11A1 Los Angeles, CA 90013 Telephone: 619-474-8971 Email: mile@cmrnotorsinc.com If to Owner: • Akash Patel 425 Roosevelt Ave National City, CA 91950 Telephone: 619-474-8811 Email: acash69@gmail.com 13. If any term or provision of this Agreement shall, to any extent, be held invalid or unenforceable, the remainder ofthis Agreement shall not be affected and shall remain in full force and effect. 14. A waiver or breach ofa covenant or provision ofthis Agreement shall not be deemed a waiverofanyothercovenant orprovision in this Agreement and no waiver shall be valid unless inwriting and executed bythewaiving party. 15. This Agreement shall be governed and construed in accordance with the laws ofthe State of California. The Parties hereby agree that any legal action or proceeding arising out of this Agreement shall bebroughtin estate courtof competent jurisdiction in San Diego, California. 16. This Agreement may be executed in counterparts, each of which shall be an original, and all ofwhich, taken together, shall constitute one and the sune instrument 17. Time is ofthe essence of each and all terms and provisions of this Agreement, 18. This Agreement constitutes the entire agreement between the parties relating to the Permitted Purposes. Anyprior agreements, negotiations or representati ons not expressly set forth herein are of no force and effect. 318 of 350 15 THE ABOVE CONSENT S ACCEPTED UPON THE CONDITION STATED HEREIN THIS /S " DAY OF 2A5/ , 2017 C&M MOTORS INC. a California Corporation Owner: SATNAAM HOTES, INC. a California Corporation BY: 0,,,U Name: Akash Patel 319 of 350 EXHIBIT A (Attached) 320 of 350 I Go feet meters 100 500 321 of 350 came' CERTIFICATE OF GARAGE INSURANCE DATE IMIIMIDDfYYYY) 06/01/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND ORALTER THE, COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. ff SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ALLY RISK SERVICES, INC 500 WOODWARD AVE 14TH FLOOR DETROIT, MI 48226 INSURED C&M MOTORS INC 825 ROOSEVELT AVE NATIONAL CITY, CA 91950 NAMEDealer Products NAME:: PHONE 8007294622 (No so, Extl: ADDRESS, certrequest@ally_com (NC, No): 866-955-6665 INSURER(S)AFFORDING COVERAGE NAM $1 INSURER A: Harco National Insurance Company INSURERS : 26433 INSURER C INSURER D INSURER E : INSURER F : COVERAGES PROD 1 CUSTOMER ID: ,yl� Rr THIS IS 70 CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IOR TYPE OF INSURANCE INSD wVD POLICY NUMBER MULIW 4FF (MM!UDIYYYY) PULIt. (MM!DDIYYY) LB ITS A GARAGE LIADILI Y HIRED AUTOS ONLY CPP0005014-28 11/01/2018 11/01/2017 AUTO ONLY (Ea accident) $ 500,000 ,AUTOS I! ALL OWNED NON -OWNED AUTO.. USED IN GARAGE BUSINESS AnyAuto OTHER THAN AUTO ONLY EA ACCIDENT $ 500,000 AGGREGATE $ N/A A GARAGE 7 KEEPERS LIABILITY LEGAL LIABILITY DIRECT BASIS CPP0005014-28 11/01/2016 11/01/2017 t;UMP r LOG SPECIFIED LOC 250,000 $ COLLISION LOC LOC $ 250,000 V l B PRIMARY L EXCESS $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY OCCUR Included in Garage Liability EACH OCCURRENCE $ PREMISES (EaEoccurrence) $ I1 CLAIMS -MADE L MED EXP (Any one person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES Poucv F PEa r PER. Loc PRODUCTS -COMP/OPAGG $ $ A UMDRELLALIAB OCCUR CLAIMS-MADEBU-0005014-28 11/01/2016 11/01/2017 EACH OCCURRENCE $ 5,000,000 1.1 EXCESS y AGGREGATE $ N/A DED 1 I RETENT'ON $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABIUTY ANY PROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory dos yr fn NH) If yes, desatbe under and y/ N N IA WC SYATU- OTH- $ TORY L(MrrS I ! ER E,L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ REMARKS (Attach ACORD 101, Addltlonal Remarks Schedule, Smogs space Is required) Proof of Insurance. ii 30 day notice of cancellation applies except in the event of non-payment in which a 10 day notice applies. CANCELLATION For Verification Purposes Only IAUTHORIZED REPRESENTATIVE IPatrick Amoroso SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ACORD 30 (2010/12) 02010AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 322 of 350 ¶9 it .-THIS„DOCiiMrNTflilSOTRUE,VfATERNI/MICAiNrNIS1BLE.FIBERS DIS ERNIBLEjROM80. SIDES 9968 CITY OF NATIONAL CITY BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED NIA: pate of Expiration: 12/3112017 CA•I,P0t: 904 ROOSEVELT AVE y t r' two ---- C.• • IIVCOR$ORAT� -. BUS DESCRIPTION BUSINESS ADDRESS BUSINESS NAME ATTN: MAILING ADDRESS C & M MOTORS INC 904 ROOSEVELT AVE NATIONAL CITY, CA 91950-3247 NON TRANSFERABLE POST IN A CONSPICUOUS PLACE City Manager TIOM: fl• WED .-AND REM T$$I:EUDRESCENTFIFERS 'UNDER U1hLIGH KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 9968 GR4 $2,937.00 SB1186 $1.00 TOTAL $2,938.00 323 of 350 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS SPONSORING ORGANIZATION: C&M Motors Inc. EVENT: C&M Motors Parking DATE OF EVENT: August 1, 2017 thru August 1, 2018 APPROVALS: DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ ] POLICE YES [ x ] NO [ ] SEE CONDITIONS. [ ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CODE ENFORCEMENT YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comments Planning The existing business location (904 Roosevelt) does not have adequate room to store vehicles on their property, hence this TUP request. The subject lot (21 West 7th Street) is a vacant dirt lot. Parking/storage lots must be paved, as parking on dirt is prohibited by the Code. What is being requested is tantamount to a permanent use because of the long timeframe of the request (one year). Although we have allowed storage of vehicles and material associated with ongoing construction projects on dirt lots, we have not permitted a standard commercial use to be conducted on such a site. If the owner of the vehicles wishes to use the site for a shorter period (3-6 months perhaps?) in order to look for a larger location to conduct their business, we would be supportive. However, the Planning Department does not support the use as proposed, particularly not for a full year. Engineering No comments 324 of 350 11 POLICE DEPARTMENT No comments 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. COMMUNITY SERVICES Community Services has no involvement in this event. PUBLIC WORKS (619)366-4580 No comments FINANCE C & M Motors, Inc. has a current business license (#9968); no further stipulations. FIRE (619) 336-4550 No comments RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request for the issuance of a Temporary Use Permit. In as much as the event will held solely on private property there will be no additional insurance requirements necessary for the issuance of the permit. It should be noted that the Hold Harmless and Indemnification Agreement were properly executed by the applicant at the time the Special Event Application was submitted. 325 of 350 NEIGHBORHOOD SERVICES Neighborhood Notifications — Events are required to notify residents and/or businesses of the surrounding impacted areas by the event. The notice shall include the name of the event, name and phone number of the company/organization producing the event, the dates and times of the event (including set-up and breakdown) and a detailed description of how the residents and/or businesses may be affected, such as by street closures, "No Parking" signs being posted, music at the event, etc. CODE ENFORCEMENT 1. Maintain fencing/walls/signage free from graffiti at all times, per National City Municipal Code (NCMC) 10.54, as per below: • 10.54.050 - Unlawful to permit property to remain defaced. It is unlawful for any responsible party to permit property which is defaced with graffiti to remain so defaced for a period of seventy-two hours after notice of same by the city unless: A. Said responsible party shall demonstrate by a preponderance of evidence that he/she does not have the financial or physical ability to remove the defacing graffiti; or B. Unless it can be demonstrated that the responsible party has an active program for the removal of graffiti and has scheduled the removal of the graffiti as part of that program, in which case it shall be unlawful to permit such property defaced with graffiti to remain defaced for a period of seventy-two hours after notice of same. 2. Maintain property free of litter, trash, rubble, debris, whether or not your party was responsible for the blight or not. This includes sidewalks, fence lines, and the parkway areas. Regular maintenance is required. 3. Do not jump any curbs with any vehicle, as per NCMC 7.18 (below): • 7.18.130 - Climbing or lumping curbs prohibited. A. It is unlawful for any person to operate any vehicle to or from a public way onto private property at any place other than approved driveways. "Climbing" or "jumping" concrete curbs or asphalt berrns where there is no driveway is prohibited. B. Temporary access over curbs may be allowed by the public works director or city engineer during the course of construction on the site which will include 326 of 350 11 construction of driveway approaches, subject to the protective devices and other limits he determines to be necessary, 4. Maintain all BMP's (Best Management Practices) in accordance with state and local provisions. This would include installing rattle plates to limit the amount of dirt/sand that enters the roadway. Enter/Exit roadway at driveway apron at all times. Do not jump curb to enter lot. 5. No vehicles shall sit idle at site for a period of longer than 5 minutes, per NCMC 11.34.040. 6. Hours of operation shall not begin before 7 a.m. nor conclude after 7 p.m., Monday through Friday. No work shall occur on weekends or holidays. 7. The parking and storage of vehicles on this empty parcel is not an allowed land use, per NCMC 18.24.050. Therefore, the recommendation from Code Enforcement Staff is that the use not exceed a total period of 6 months. This lot shall be vacant from vehicle storage no later than January 31, 2018. 327 of 350 CC/CDC-HA Agenda 8/1/2017 — Page 328 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 Jones Lang LaSalle Multifamily, LLC, subordinating the Project Deed of Trust th 328 of 350 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 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 Jones Lang LaSalle Multifamily, LLC, subordinating the Project Deed of Trust that secures the Declaration of Covenants, Conditions and Restrictions (Tenant Restrictions) on 370 rental units at 2721 Plaza Boulevard in National City. PREPARED BY: Carlos Aguirre, Housing & Econ. Dev. Mgr. PHONE: 619 336-4391 EXPLANATION: DEPARTMENT: APPROVED BY: Housiconomic Dev. Summercrest Apartments, LP, a limited liability 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 $48,500,000 from Jones Lang LaSalle Multifamily, 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 -Housing Authority. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends the adoption of a resolution to execute the Subordination Agreement. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Subordination Agreement 2. Resolution 329 of 350 Attachment No. 1 RECORDING REQUESTED BY: JONES LANG LASALLE MULTIFAMILY, 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 1 330 of 350 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 , 2017, by and between (i) JONES LANG LASALLE MULTIFAMILY, 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, LP, 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 $ ("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. 2013- 735297 ("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 Entitv 331 of 350 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 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 Regulatory Agreement, the exercise of any other remedial action against Borrower, any other party liable or obligated under any of the Subordinate Mortgage, Regulatory Agreement, or the Mortgaged Property. Subordination Agreement — Governmental Entitv 332 of 350 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 Mortgage or the Regulatory Agreement, 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 7(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) Reserved. (p) Reserved. (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. Subordination Agreement — Governmental Entitv 333 of 350 Page 4 Attachment No. 1 (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. Reserved. 3. Subordination of Subordinate Mortgage. (a) The Subordinate Mortgage 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 Mortgage 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 the Subordinate Mortgage, 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 Mortgage provided for in this Agreement, all rights and claims of Subordinate Mortgagee under the Subordinate Mortgage 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 Mortgage is subordinate pursuant to this Agreement. 4. Additional Representations and Covenants. (a) Subordinate Mortgagee represents and warrants that each of the following is true: (i) Subordinate Mortgagee is now the owner and holder of the Subordinate Mortgage. (ii) The Regulatory Agreement and the Subordinate Mortgage are now in full force and effect. (iii) The Regulatory Agreement and the Subordinate Mortgage have not been modified or amended. Subordination Agreement — Governmental Entitv Page 5 334 of 350 Attachment No. 1 (iv) To the actual knowledge of the Subordinate Mortgagee, as of the date of this Agreement, no Regulatory Agreement nor Subordinate Mortgage Default has occurred. (v) None of the rights of Subordinate Mortgagee under the Regulatory Agreement or the Subordinate Mortgage 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 the Regulatory Agreement and the Subordinate Mortgage. (ii) Pledge, assign, transfer, convey, or sell any interest in the Regulatory Agreement and the Subordinate Mortgage. (iii) reserved. (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 Regulatory Agreement or the Subordinate Mortgage, 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 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 Subordination Agreement — Governmental Entity 335 of 350 Page 6 Attachment No. 1 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 Mortgage (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 Mortgage 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 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. Subordination Agreement — Governmental Entitv 336 of 350 Page 7 Attachment No. 1 (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 Mortgage, Subordinate Mortgagee will not collect payments for the purpose of escrowing for any cost or expense related to the Mortgaged Property. (j) Reserved. (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 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 Subordination Agreement — Governmental Entitv 337 of 350 Page 8 Attachment No. 1 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. (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 Mortgage, 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 Subordination Agreement — Governmental Entitv 338 of 350 Page 9 Attachment No. 1 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 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. Subordination Agreement — Governmental Entity 339 of 350 Page 10 Attachment No. 1 (g) 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 automatically will terminate with respect to such Mortgaged Property. 6. Amendment to Regulatory Agreement upon a Foreclosure 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, any and all provisions of the Regulatory Agreement concerning any of the following subjects shall be terminated and of no further force and effect: (a) Remedies relating to the appointment of receiver, injunctive relief or other remedies that relate to the possession or control of the Rents, issues, profits and proceeds of the Mortgaged Property. (b) Remedies relating to the Subordinate Mortgagee's ability to take possession of the Mortgaged Property. (c) Provisions relating to the Subordinate Mortgagee's ability to remove or replace the property manager. (d) Provisions relating to the establishment of an operating reserve, replacement reserve or other reserve or escrow account. Notwithstanding the foregoing nothing set forth above 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 the enforcement of the provisions of the Regulatory Agreement All other terms and conditions of the Regulatory Agreement shall remain in full force and effect. Subordination Agreement — Governmental Entity 340 of 350 Page 11 Attachment No. 1 7. 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 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: Jones Lang LaSalle Multifamily, 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 Subordination Agreement — Governmental Entity 341 of 350 Page 12 Attachment No. 1 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 respect, the validity, legality, enforceability, and application of the remaining provisions contained in this Agreement will not in any way be affected or impaired. (i) 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 expiration or other termination of the Regulatory 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 Subordination Agreement — Governmental Entity 342 of 350 Page 13 Attachment No. 1 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. (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 14 343 of 350 Attachment No. 1 IN WITNESS WHEREOF, the parties have duly executed this Agreement as of the day and year first above written. SENIOR MORTGAGEE: JONES LANG LASALLE MULTIFAMILY, LLC, a Delaware limited liability company By: Katie Mikul Closing Coordinator STATE OF MINNESOTA ) ) ss: COUNTY OF RAMSEY ) On this day of , 2017 before me, the undersigned officer, personally appeared Katie Mikul, to me known, who being by me duly sworn, did depose and say that she is the Closing Coordinator of JONES LANG LASLLE MULTIFAMILY, 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 15 344 of 350 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: Name: Title: [Acknowledgments continue on next page] Subordination Agreement — Governmental Entity Page 16 345 of 350 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. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF } } On , 2017, before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document _ Signer(s) Other Than Named Above Subordination Agreement — Governmental Entity Page 17 346 of 350 Attachment No. 1 CONSENT OF BORROWER Borrower acknowledges receipt of a copy of this Subordination Agreement, dated , 2017, by and between JONES LANG LASALLE MULTIFAMILY, 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: SUMMERCREST APARTMENTS, LP 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. Fitterer Revocable Trust A California Trust Its: Sole Member By: Brian L. Fitterer Trustee (Subordination Agreement -National City) Subordination Agreement — Governmental Entity 347 of 350 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. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF } } On , 2017, before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document _ Signer(s) Other Than Named Above Subordination Agreement — Governmental Entity Page 19 348 of 350 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. ALL PURPOSE ACKNOWLEDGMENT STATE OF CALIFORNIA COUNTY OF } } On , 2017, before me, , personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (NOTARY SEAL) ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to another document. THIS CERTIFICATE MUST BE ATTACHED TO Title of Document Type THE DOCUMENT DESCRIBED AT RIGHT. Number of Pages Date of Document Signer(s) Other Than Named Above Subordination Agreement — Governmental Entity 349 of 350 Page 20 Attachment No. 1 EXHIBIT A LEGAL DESCRIPTION Subordination Agreement — Governmental Entity Page 21 350 of 350