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HomeMy WebLinkAbout08-0-17 CC HA Agenda PacketAGENDA ( CITY COUN 1 of 398 BURNED REGULAR MEETING - NATIONAL CITY NITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OFTHE CITY OF NATIONAL CITY CALIFORNIA NATIONAL C111 INCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Councilmember MONA RIOS Councilmember ALEJANDRA SOTELO-SOLIS Councilmember 1243 National City Blvd. National City 619-336-4240 Meeting agendas and minutes available on web WWW.NATIONALCITYCA. GOV COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, AUGUST 1, 2017 — 6:00 PM ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Sessions begin at 5:00 p.m. or such other time as noted. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review at the entry to the Council Chambers. Regular Meetings of the Elected Body are webcast and archived on the City's website www.nationalcityca.gov. PUBLIC COMMENTS: Prior to the Business portion of the agenda, the Elected Body will receive public comments regarding any matters within the jurisdiction of the City and/or the Community Development Commission. Members of the public may also address any item on the agenda at the time the item is considered by the Elected Body. Persons who wish to address the Elected Body are requested to fill out a "Request to Speak" form available at the entrance to the City Council Chambers, and turn in the completed form to the City Clerk. The Mayor or Chairperson will separately call for testimony of those persons who have turned in a "Request to Speak" form. If you wish to speak, please step to the podium at the appropriate time and state your name and address (optional) for the record. The time limit established for public testimony is three minutes per speaker unless a different time limit is announced. Speakers are encouraged to be brief. The Mayor or Chairperson may limit the length of comments due to the number of persons wishing to speak or if comments become repetitious or irrelevant. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of 2 of 398 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. 3 of 398 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. 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) 2. 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) 3. 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) 4. 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; 3) authorizing the City Manager to execute the Grant Agreement; and 4) authorizing the appropriation of $650,800 and 4 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 4 corresponding revenue budget in the Engineering Grants Fund. (Engineering/Public Works) 5. 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) 6. 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) 7. 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) 8. 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) 9. 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) 10. Resolution of the City Council of the City of National City authorizing the installation of 20 feet of blue curb disabled persons parking space in front of the Pentecostal Missionary Church located at 2410 E. 8th Street, and 33 feet of red curb No Parking adjacent to the eastern church driveway to enhance visibility and safety for vehicles exiting the driveway onto E. 8th Street (TSC No. 2017-18). (Engineering/Public Works) 11. Resolution of the City Council of the City of National City accepting funds 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, and authorizing the establishment of an appropriation and corresponding revenue budget. (Fire) 5 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 5 12. 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) 13. 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, capital 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) 14. 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) 15. 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) 16. Investment transactions for the month ended May 31, 2017. (Finance) 17. Warrant Register #47 for the period of 05/17/17 through 05/23/17 in the amount of $1,710,351.94. (Finance) 18. Warrant Register #48 for the period of 05/24/17 through 05/30/17 in the amount of $2,071,450.07. (Finance) 19. Warrant Register #49 for the period of 05/31/17 through 06/06/17 in the amount of $2,353,463.63. (Finance) 20. Warrant Register #50 for the period of 06/07/17 through 06/13/17 in the amount of $151,587.83. (Finance) 6 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 6 21. Warrant Register #51 for the period of 06/14/17 through 06/20/17 in the amount of $1,993,718.19. (Finance) 22. Warrant Register #52 for the period of 06/21/17 through 06/27/17 in the amount of $762,526.43. (Finance) PUBLIC HEARINGS 23. 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 24. Resolution of the City Council of the City of National City authorizing the execution of an order of 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) 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) 27. Notice of Decision - Planning Commission approval of a Conditional Use Permit for beer and wine sales at Broken Yolk to be located at 3030 Plaza Bonita Road Suite 1106. (Applicant: Steve Rawlings) (Case File 2017-15 CUP) (Planning) B. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY PUBLIC HEARINGS- HOUSING AUTHORITY CONSENT RESOLUTIONS- HOUSING AUTHORITY 7 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 7 28. 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 Summercrest Apartments located 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 City Council/Community Development/Housing Authority of the City of National City Meeting - 8 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 8 The following page(s) contain the backup material for Agenda Item: Approval of the Minutes of the Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City of June 20, 2017. (City Clerk) 9 of 398 Item # 08/01/17 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) 10 of 398 Book 99 / Page 113 06-20-2017 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY June 20, 2017 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:42 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Administrative Officials present: Dalla, Deese, Denham, Duong, Manganiello, Morris -Jones, Parra, Raulston, Roberts, Rodriguez, Stevenson, Vergara, Williams, Ybarra. Others present: City Treasurer Mitch Beauchamp. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Sandy Naranjo, National City, representing the Environmental Health Coalition (EHC), asked that the City work with the residents and insure that no Conditional Use Permit (CUP) be issued that is not compliant with the Westside Specific Plan. Lucky Morales, National City, read a statement on behalf of several organizations and groups expressing thanks and appreciation to the Mayor for all that he has done for the City. Brian Clapper, National City, Chairman of the National City Chamber of Commerce and past Chair of the National City Tourism Marketing District (TMD), provided information and clarification on matters related to the dissolution and close-out of the TMD and a copy of the final audit. Elizabeth Munoz, National City, expressed her sincere appreciation to the Mayor for his support and outstanding leadership and for all he did in support of her family during their time of great loss. Eddie Perez, San Diego, thanked members Rios and Sotelo-Solis for their leadership in getting things going on behalf of the Durate family and encouraged Members of the Council to rise above any personal feeling they may have when people address the Council on emotional or controversial issues. 11 of 398 PROCLAMATIONS Book 99 / Page 114 06-20-2017 PROCLAMATION ADMIN (102-2-1) 1. Proclaiming June 2017 as "Alzheimer's and Brain Awareness Month" AWARDS AND RECOGNITIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2017 (102-10-12) 2. Employee of the Quarter 2017 - Police Sergeant Estela Cordero. (Police) CITY COUNCIL me CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 3 (NCMC), Item Nos. 4 through 17 (Resolution Nos. 2017-104 through 2017-117), Item Nos. 18 and 19 (Report), Item Nos. 20 through 22 (Warrant Registers). Motion by Rios, seconded by Cano, to pull Item No. 13 and to approve the remainder of the Consent Calendar. Carried by unanimous vote. MUNICIPAL CODE 2017 (506-2-32) 3. MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (CITY CLERK) ACTION: Approved. See above. LABOR RELATIONS CONFIDENTIAL GROUP (605-5-00) 4. Resolution No. 2017-104. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE CONFIDENTIAL EMPLOYEE GROUP FOR FISCAL YEAR 2017-2018 (EFFECTIVE JULY 4, 2017) IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS). (Human Resources) ACTION: Adopted. See above. LABOR RELATIONS MEA (605-4-00) 5. Resolution No. 2017-105. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE MUNICIPAL EMPLOYEES ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2017-2018 (EFFECTIVE JULY 4, 2017) IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS). (Human Resources) ACTION: Adopted. See above. 12 of 398 Book 99 / Page 115 06-20-2017 CONSENT CALENDAR (cont.) LABOR RELATIONS POA (605-3-00) 7. Resolution No. 2017-107. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE POLICE OFFICERS' ASSOCIATION EMPLOYEE GROUP FOR FISCAL YEAR 2017-2018 IN COMPLIANCE WITH THE REQUIREMENTS OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS). (Human Resources) ACTION: Adopted. See above. LABOR RELATIONS PART TIME / TEMPS / SEASONAL 2015-2025 (605-7-3) 6. Resolution No. 2017-106. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SALARY SCHEDULE FOR THE PART-TIME AND SEASONAL EMPLOYEE GROUP FOR FISCAL YEAR 2017-2018 IN COMPLIANCE WITH THE REQUIREMENT OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS). (Human Resources) ACTION: Adopted. See above. iiiK CONTRACT (C2017-32) 8. Resolution No. 2017-108. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH PROCURE AMERICA FOR AN ANALYSIS OF THE CITY'S COPIER, STREET LIGHT, AND WATER METER CONTRACTS AND BILLINGS FOR POTENTIAL COST SAVINGS AT A NET COST OF $0. (City Manager) ACTION: Adopted. See above. CONTRACT (C2013-31) 9. Resolution No. 2017-109. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE PUN GROUP, LLP, TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR, ENDING JUNE 30, 2018, FOR THE NOT -TO -EXCEED AMOUNT OF $66,150 AND A TOTAL NOT -TO -EXCEED AGREEMENT AMOUNT OF $309,150, TO PROVIDE AUDITING SERVICES FOR THE FISCAL YEAR ENDING JUNE 30, 2017. (Finance) ACTION: Adopted. See above. 13 of 398 CONSENT CALENDAR (cont.) Book 99 / Page 116 06-20-2017 CONTRACT (C2017-33) 10. Resolution No. 2017-110. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH HARRIS INTERNATIONAL TO PROVIDE EXPERT TRAINING TO POLICE PERSONNEL ON ARREST AND CONTROL / FORCE OPTIONS TO MEET NATIONAL AND POST REQUIREMENTS AND RECOMMENDATIONS, AND PHYSICAL FITNESS TRAINING TO POLICE PERSONNEL INTENDED TO PREVENT WORK RELATED INJURIES WITH A TERM OF ONE-YEAR, BEGINNING JULY 1, 2017 JUNE 30, 2018 FOR A TOTAL WILL NOT EXCEED AMOUNT OF $25,000 PER YEAR WITH THE OPTION OF THREE (3) ONE-YEAR EXTENSIONS. (Police) ACTION: Adopted. See above. 1111 CONTRACT (C2010-15) 11. Resolution No. 2017-111. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE CITY OF CHULA VISTA FOR GENERAL ANIMAL CONTROL, SHELTER, AND RELATED ADMINISTRATIVE SERVICES FOR NATIONAL CITY FOR A TOTAL NOT TO EXCEED AMOUNT OF $428,088 FOR FISCAL YEAR 2018, WITH OPTIONS TO EXTEND FOR TWO (2) ADDITIONAL ONE (1) YEAR TERMS. THE COST FOR THE ADDITIONAL YEARS OF THE AGREEMENT WILL BE BASED ON THE ACTUAL ANIMAL INTAKES FROM THE PRECEDING CALENDAR YEAR. (Police) ACTION: Adopted. See above. LABOR RELATIONS POA MOU 2016-2019 (605-3-12) 12. Resolution No. 2017-112. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 1 (RECOGNITION) OF THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE CITY AND THE NATIONAL CITY POLICE OFFICERS' ASSOCIATION, AS IT RELATES TO THE REPRESENTATION OF SENIOR POLICE DISPATCHER. (Human Resources) ACTION: Adopted. See above. CONTRACT (C2012-25) 13. Resolution No. 2017-113. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE BID PROCESS BY PIGGYBACKING NATIONAL ASSOCIATION OF STATE PROCUREMENT OFFICIALS (NASPO) CONTRACT #7-15-70-24 AND AUTHORIZING THE MAYOR TO EXECUTE A ONE YEAR MULTIFUNCTION COPIER LEASE AGREEMENT WITH KONICA 14 of 398 CONSENT CALENDAR (cont.) Book 99 / Page 117 06-20-2017 CONTRACT (C2012-25) 13. Resolution No. 2017-113 (continued). MINOLTA BUSINESS SOLUTIONS U.S.A., INC. FOR AN ANNUAL AMOUNT OF $98,118.00. (Information Technology) ACTION: A corrected Resolution title was read into the record as follows: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN AMENDMENT TO THE MULTIFUNCTION COPIER LEASE AGREEMENT WITH KONICA MINOLTA BUSINESS SOLUTIONS U.S.A., INC. FOR AN ANNUAL AMOUNT OF $98,118.00. (Information Technology) Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution as corrected. Carried by unanimous vote. CONTRACT (C2004-37) 14. Resolution No. 2017-114. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND THE ALPHA PROJECT FOR THE HOMELESS, TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR, ENDING JUNE 30, 2018, FOR THE NOT -TO -EXCEED AMOUNT OF $120,000, TO PROVIDE OUTREACH SERVICES FOR THE HOMELESS AND INTERVENTION SERVICES. (Neighborhood Services) ACTION: Adopted. See above. CONTRACT (C2016-56) 15. Resolution No. 2017-115. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS FOR $930,271 AND A CORRESPONDING REVENUE BUDGET FOR THE TRANSIT RELATED INFRASTRUCTURE GRANT COMPONENT OF THE AFFORDABLE HOUSING AND SUSTAINABLE COMMUNITIES PROGRAM GRANT FROM THE STATE OF CALIFORNIA DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR TRANSPORTATION RELATED INFRASTRUCTURE IMPROVEMENTS TO THE TRANSIT ORIENTED INFILL AFFORDABLE HOUSING AND PARADISE CREEK ENHANCEMENT PROJECT (WI-TOD). (Housing & Economic Development) ACTION: Adopted. See above. 15 of 398 CONSENT CALENDAR (cont.) Book 99 / Page 118 06-20-2017 CONTRACT (C2015-69 / 206-4-28) 16. Resolution No. 2017-116. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE HOUSING -RELATED PARKS PROGRAM STANDARD GRANT AGREEMENT NO.14-HRPP- 10358 THAT EXTENDS THE GRANT EXPENDITURE DEADLINE TO JUNE 30, 2018 FOR IMPROVEMENTS TO PARADISE CREEK EDUCATIONAL PARK AND AUTHORIZING THE ESTABLISHMENT OF FUND APPROPRIATIONS FOR $553,450 AND A CORRESPONDING REVENUE BUDGET. (Housing & Economic Development) ACTION: Adopted. See above. COUNCIL POLICY MANUAL (102-13-1) 17. Resolution No. 2017-117. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING AMENDMENTS TO THE CITY COUNCIL POLICY MANUAL; CHAPTER 100 — ADMINISTRATION AND POLICY MANAGEMENT (POLICY 109 — "REIMBURSEMENT FOR EXPENSES INCURRED IN THE PERFORMANCE OF OFFICIAL DUTIES"). (Finance) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 18. National City Sales Tax Update Newsletter Third Quarter 2016. (Finance) ACTION: Filed. See above. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 19. Investment transactions for the month ended April 30, 2017. (Finance) ACTION: Filed. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 20. Warrant Register #44 for the period of 04/26/17 through 05/02/17 in the amount of $1,758,366.77. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 21. Warrant Register #45 for the period of 05/03/17 through 05/09/17 in the amount of $1,635,008.72. (Finance) ACTION: Ratified. See above. WARRANT REGISTER JULY 2016 — JUNE 2017 (202-1-31) 22. Warrant Register #46 for the period of 05/10/17 through 05/16/17 in the amount of $615,057.79. (Finance) ACTION: Ratified. See above. 16 of 398 PUBLIC HEARINGS Book 99 / Page 119 06-20-2017 ABATEMENT WEED 2017 (402-3-16) 23. Public Hearing — Weed Abatement: Hearing of the Confirmation of Costs and consideration of report, account and any objections or protests regarding abated properties in National City Parcel Numbers 554 112 15 00, E. 2nd St.; 555 116 07 00, 1140 Hoover Ave.; 556 103 19 00, 229 E 3rd St.; 556 412 11 00, 926 E 6th St.; 557 172 09 00, 1302-1306 E 8th St.; 557 410 26 00, Palm Ave.; 558 022 01 00, 807 Arcadia PI.; 558 320 21 00, Rachael Ave.; 558 320 22 00, 2112 Rachael Ave.; 560 161 04 00, 232 E. 16th St..; 560 292 07 00, 2026 D Ave.; 561 154 10 00, 1737 Grove St.; 561 160 21 00, 2240 E. 16th St.; 564 010 55 00, Fenton Place; per National City Municipal Code 9.12.020 Public Nuisance Declared Weeds and Other Flammable Materials. (Fire) RECOMMENDATION: City Council by Resolution approves the Report and Account as submitted or as modified by City Council. TESTIMONY: Slavik Bryksin, National City, requested additional time to resolve payment issues regarding the property at 232 E 16th Street. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. SUBDIVISIONS / VARIANCES 2017 (415-1-13) 24. Public Hearing — Modification of a previously approved Tentative Subdivision Map for the Harbor View Condominiums located at 819 "D" Avenue. (Applicant: Rob Furey, Groundwurk, Inc.) (Case File No. 2017-06 S) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission. TESTIMONY: Robert Furey appeared on behalf of the applicant and responded to questions. ACTION: Motion by Sotelo-Solis, seconded by Rios, to close the Public Hearing. Carried by unanimous vote. SUBDIVISIONS / VARIANCES 2017 (415-1-13) 25. Public Hearing - Tentative Subdivision Map for the creation of 10 condominium units to be located at the southeast corner of East 18th Street and "F" Avenue. (Applicant: Mark A. Brencick) (Case File 2017-08 S) (Planning) RECOMMENDATION: Staff concurs with the decision of the Planning Commission. TESTIMONY: Mark Brencick appeared on behalf of the applicant and responded to questions. ACTION: Motion by Cano, seconded by Sotelo-Solis, to close the Public Hearing. Carried by unanimous vote. 17 of 398 PUBLIC HEARINGS (cont.) Book 99 / Page 120 06-20-2017 COMMUNITY DEVELOPMENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 26. Public Hearing confirming the assessment and ordering the levy for the Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2017/18. (Planning) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. SEWER CAPACITY / FEES ADMIN (906-1-4) 27. Public Hearing to consider adoption of the National City 2017/2018 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2017-18 as required by the California Health and Safety Code Section 5473, Et seq., pertaining to collection of sewer charges on the tax roll. (Engineering/Public Works) RECOMMENDATION: Hold Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to close the Public Hearing. Carried by unanimous vote. BLOCK GRANT PROGRAM ADMIN 2017-2018 (406-1-32) 28. Public Hearing for the First Amendment to the U.S Department of Housing and Urban Development Fiscal Year 2017-2018 Annual Action Plan revising the HOME Investment Partnerships (HOME) Program funding allocations to San Diego Habitat for Humanity and South Bay Community Services. (Housing & Economic Development) RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the Public Hearing. Carried by unanimous vote ENGINEERING / PUBLIC WORKS DEPT — GRANTS / REPORTS ADMIN (1104-1-1) CONTRACT (C2015-70) 28a. Public Hearing and Consideration of Resolution of the City Council of the City of National City authorizing the Mayor to execute an Energy Services Agreement (ESA), Phase II, with Ameresco, Inc., under California Government Code Section 4217.10 et seq. to develop and conduct energy efficiency and renewable energy upgrades at city facilities as set forth in Section D of the Energy Audit Report. (Engineering/Public Works RECOMMENDATION: Conduct the Public Hearing. TESTIMONY: None. 18 of 398 PUBLIC HEARINGS (cont.) Book 99 / Page 121 06-20-2017 ENGINEERING / PUBLIC WORKS DEPT — GRANTS / REPORTS ADMIN (1104-1-1) CONTRACT (C2015-70) 28a. Public Hearing and Consideration of Resolution of the City Council of the City of National City authorizing the Mayor to execute an Energy Services Agreement (ESA), Phase II, with Ameresco, Inc. (continued) ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to close the Public Hearing. Carried by unanimous vote. NON CONSENT RESOLUTIONS BLOCK GRANT PROGRAM ADMIN 2017-2018 (406-1-32) 29. Resolution No. 2017-118. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FIRST AMENDMENT TO THE U.S DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FISCAL YEAR 2017-2018 ANNUAL ACTION PLAN REVISING THE HOME INVESTMENT PARTNERSHIPS (HOME) PROGRAM FUNDING ALLOCATIONS TO SAN DIEGO HABITAT FOR HUMANITY AND SOUTH BAY COMMUNITY SERVICES. (Housing & Economic Development) RECOMMENDATION: Approve the Amended Annual Action Plan for the revisions to HOME funding allocations from the sources identified in the Financial Statement. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2012-56) 30. Resolution No. 2017-119. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE HOME COMMUNITY HOUSING DEVELOPMENT ORGANIZATION ("CHDO") FUNDING AGREEMENT DATED OCTOBER 30, 2012 BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO HABITAT FOR HUMANITY COMMUNITY HOUSING CORPORATION, INC. FOR THE CONSTRUCTION AND/OR REHABILITATION OF SINGLE FAMILY RESIDENTIAL HOUSING IN THE CITY OF NATIONAL CITY, EXTENDING THE TERM OF SAID AGREEMENT TO JUNE 30, 2020, AND PROVIDING FOR AN ADDITIONAL APPROPRIATION OF $245,116.85 IN HOME PROGRAM FUNDS. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. 19 of 398 Book 99 / Page 122 06-20-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2012-56) 30. Resolution No. 2017-119 (continued). ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. ABATEMENT WEED 2017 (402-3-16) 31. Resolution No. 2017-120. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE REPORT AND ACCOUNT FOR WEED ABATEMENT. (Fire) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Rios, to adopt the Resolution. Carried by unanimous vote. SUBDIVISIONS / VARIANCES 2017 (415-1-13) 32. Resolution No. 2017-121. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR THE HARBOR VIEW CONDOMINIUMS LOCATED AT 819 "D" AVENUE. (Applicant: Rob Furey, Groundwurk, Inc.) (Case File No. 2017-06 S) (Planning) RECOMMENDATION: Approve the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. SUBDIVISIONS / VARIANCES 2017 (415-1-13) 33. Resolution No. 2017-122. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING A TENTATIVE SUBDIVISION MAP FOR THE CREATION OF 10 CONDOMINIUM UNITS TO BE LOCATED AT THE SOUTHEAST CORNER OF EAST 18TH STREET AND "F" AVENUE. (Applicant: Mark A. Brencick) (Case File 2017-08 S) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 20 of 398 Book 99 / Page 123 06-20-2017 NON CONSENT RESOLUTIONS (cont.) COMMUNITY DEVELOPMENT LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) (406-2-8) 34. Resolution No. 2017-123. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY CONFIRMING THE ASSESSMENT AND ORDERING THE LEVY FOR THE LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) FOR FISCAL YEAR 2017/18. (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. si SEWER CAPACITY / FEES ADMIN (906-1-4) 35. Resolution No. 2017-124. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE NATIONAL CITY 2017/2018 TAX ROLL SEWER SERVICE FEES REPORT, WHICH IDENTIFIES BY PARCEL NUMBER, EACH PARCEL OF REAL PROPERTY RECEIVING SEWER SERVICES AND THE AMOUNT OF SEWER CHARGES FOR EACH PARCEL FOR FY 2017-18 AS REQUIRED BY THE CALIFORNIA HEALTH AND SAFETY CODE SECTION 5473, ET EQ., PERTAINING TO COLLECTION OF SEWER CHARGES ON THE TAX ROLL. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. CONDITIONAL USE PERMITS 2017 (403-32-1) 36. Resolution No. 2017-125 and Resolution No. 2017-126. ALTERNATIVE RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY TO APPROVE OR DENY, WITH SUPPORTING FINDINGS, A CONDITIONAL USE PERMIT FOR WHOLESALE AUTO SALES AND ACCESSORY USES AT 2000 ROOSEVELT AVENUE; CITY COUNCIL MAY APPROVE EITHER OF THE ATTACHED RESOLUTIONS BASED ON CONTAINED FINDINGS FOR DENIAL OR APPROVAL. (Applicant: Deborah Falk) (Case File No.: 2016-10 CUP) (Planning) RECOMMENDATION: Adopt the Approval Resolution. TESTIMONY: None. ACTION: Motion by Cano, seconded by Mendivil, to continue to the August 15th, 2017 City Council Meeting. Carried by unanimous vote. 21 of 398 Book 99 / Page 124 06-20-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2015-70) 37. Resolution No. 2017-127. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RELATING TO THE FINANCING OF A 2017 ENERGY SAVINGS CONTRACT, AND APPROVING RELATED FINANCING DOCUMENTS AND AUTHORIZING OFFICIAL ACTIONS IN CONNECTION THEREWITH. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Sotelo-Solis, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. FINANCIAL MANAGEMENT 2016-2017 (204-1-32) 1111 CONTRACT (C2010-65) 38. Resolution No. 2017-128. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO (I) EXECUTE AN AGREEMENT FOR PREPAYMENT OF THE CITY'S OBLIGATIONS UNDER A LEASE AGREEMENT BY AND BETWEEN THE CITY AND THE NATIONAL CITY JOINT POWERS FINANCING AUTHORITY (THE AUTHORITY), DATED SEPTEMBER 1, 2010 (THE "2010 LEASE AGREEMENT") PRIOR TO ITS TERMINATION DATE AND (II) APPROVE RELATED DOCUMENTS AND AUTHORIZE OFFICIAL ACTIONS IN CONNECTION WITH SUCH PREPAYMENT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2015-70) 39. Resolution No. 2017-129. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AN ENERGY SERVICES AGREEMENT (ESA), PHASE II, WITH AMERESCO, INC., UNDER CALIFORNIA GOVERNMENT CODE SECTION 4217.10 ET SEQ. TO DEVELOP AND CONDUCT ENERGY EFFICIENCY AND RENEWABLE ENERGY UPGRADES AT CITY FACILITIES AS SET FORTH IN SECTION D OF THE ENERGY AUDIT REPORT. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. 22 of 398 Book 99 / Page 125 06-20-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2017-34) 40. Resolution No. 2017-130. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH NV5, INC. FOR A NOT - TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; CONSTRUCTION MANAGEMENT, INSPECTIONS AND CERTIFIED PAYROLL; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; LAND SURVEYING; ENVIRONMENTAL ASSESSMENTS; GEOTECHNICAL; ADA COMPLIANCE; GIS; UTILITY DESIGN AND COORDINATION; CONSTRUCTION SUPPORT; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2017-35) 41. Resolution No. 2017-131. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH SPURLOCK LANDSCAPE ARCHITECTS FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; LANDSCAPE ARCHITECTURE; URBAN PLANNING AND DESIGN; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. 23 of 398 Book 99 / Page 126 06-20-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2017-36) 42. Resolution No. 2017-132. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH NERI LANDSCAPE ARCHITECTS FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; LANDSCAPE ARCHITECTURE; URBAN PLANNING AND DESIGN; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT -SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2014-54) 43. Resolution No. 2017-133. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH KTU&A FOR A NOT -TO - EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; ENGINEERING; LANDSCAPE ARCHITECTURE; TRANSPORTATION PLANNING AND DESIGN; MOBILITY AND LAND USE PLANNING; ADA AND UNIVERSAL DESIGN; GIS; CONSTRUCTION SUPPORT; PLAN REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT - SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. 24 of 398 Book 99 / Page 127 06-20-2017 NON CONSENT RESOLUTIONS (cont.) CONTRACT (C2014-31) 44. Resolution No. 2017-134. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH RANDALL LAMB ASSOCIATES, INC. FOR A NOT -TO -EXCEED AMOUNT OF $1,000,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT; MECHANICAL, ELECTRICAL AND PLUMBING ENGINEERING; AIR BARRIER AUDITING AND COMMISSIONING; ENERGY SOLUTIONS; CONSTRUCTION SUPPORT; PLAN REVIEWS; CONSTRUCTABILITY REVIEWS; COMMUNITY OUTREACH AND COMMUNICATIONS; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT - SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2017-37) 45. Resolution No. 2017-135. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) AUTHORIZING THE MAYOR TO EXECUTE A TWO-YEAR AGREEMENT WITH SCST, INC. FOR A NOT - TO -EXCEED AMOUNT OF $500,000 TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM (CIP), INCLUDING, BUT NOT LIMITED TO, GEOTECHNICAL, SOILS AND MATERIALS TESTING; AND 2) AUTHORIZING THE CITY MANAGER TO EXECUTE ANY PROJECT - SPECIFIC SUPPLEMENTAL AGREEMENTS, AS MAY BE REQUIRED FOR GRANT FUNDED PROJECTS. (Engineering/Public Works) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None ACTION: Motion by Rios, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. COUNCIL POLICY ADMIN (102-13-1) 46. City Council discussion and direction on allowable uses of City facilities for special events under City Council Policy 803, including the types of events and the sale and/or consumption of alcohol as directed by the City Council for a date certain of June 20, 2017. (Community Services) RECOMMENDATION: None. TESTIMONY: None 25 of 398 NEW BUSINESS (cont.) Book 99 / Page 128 06-20-2017 COUNCIL POLICY ADMIN (102-13-1) 46. City Council discussion and direction on allowable uses of City facilities for special events under City Council Policy 803 (continued). ACTION: There was discussion and consensus to remove the Aquatic Center and Granger Music Hall from the list of City facilities covered in Policy 803 and that the Martin Luther King Community Center could be considered for alcohol use if an event is a co- sponsored City event. There was no vote. LEAGUE OF CA CITIES ADMIN (104-2-1) 47. League of California Cities Annual Conference - Designation of Voting Delegate and Alternate(s). (City Manager) RECOMMENDATION: Staff requests Council's designation of a voting delegate and up to two alternates to represent the City of National City during the 2017 League of California Cities Annual Conference. TESTIMONY: None ACTION: There was consensus to designate Ron Morrison as the voting delegate and Albert Mendivil as the alternate. There was no vote. COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY NON CONSENT RESOLUTIONS — HOUSING AUTHORITY HOUSING AUTHORITY 2017 (404-1-6) 48. Resolution No. 2017-53. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY APPROVING THE MORGAN AND KIMBALL TOWER BUDGETS FOR FISCAL YEAR 2017-2018 INCLUDING A $21 A MONTH PER UNIT INCREASE FROM $715 TO $736 FOR THE TOTAL RENT PAYMENT RECEIVED AT MORGAN TOWER WITHOUT INCREASING THE TENANT'S SHARE OF THE TOTAL RENT PAYMENT FOR UNITS ASSISTED BY THE U.S. DEPARTMENT OF HUD PROJECT -BASED SECTION 8 HOUSING ASSISTANCE PROGRAM. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None ACTION: Motion by Mendivil, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. 26 of 398 Book 99 / Page 129 06-20-2017 NON CONSENT RESOLUTIONS — HOUSING AUTHORITY (cont.) CONTRACT (C2017-38) HOUSING AUTHORITY 2017 (404-1-6) 49. Resolution No. 2017-54. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN EXCLUSIVE NEGOTIATING AGREEMENT BY AND BETWEEN THE COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY AND PARK VILLAS POINTE, LLC FOR THE DEVELOPMENT OF A 1.47 ACRE PROPERTY LOCATED BETWEEN ETA STREET AND BUCKY LANE ON NORTH HIGHLAND AVENUE IN NATIONAL CITY. (Housing & Economic Development) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None ACTION: Motion by Rios, seconded by Sotelo-Solis, to adopt the Resolution. Carried by unanimous vote. CONTRACT (C2017-39) HOUSING AUTHORITY 2017 (404-1-6) 50. Resolution No. 2017-55. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ("CDC -HA") AUTHORIZING THE CHAIRMAN TO: 1) EXECUTE A GENERAL DEPOSITORY AGREEMENT BETWEEN THE CDC -HA AND MUFG UNION BANK, NA ("UNION BANK") AND ANY OTHER RELATED BANKING DOCUMENTS REQUIRED TO ALLOW DEPOSITS OF HOUSING CHOICE VOUCHER PROGRAM FUNDS FROM THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT INTO THE CITY'S UNION BANK ACCOUNT AND 2) CLOSE THE CDC-HA'S WELLS FARGO ACCOUNT INTO WHICH HOUSING CHOICE VOUCHER PROGRAM FUNDS ARE CURRENTLY DEPOSITED. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None ACTION: Motion by Cano, seconded by Mendivil, to adopt the Resolution. Carried by unanimous vote. STAFF REPORTS City Manager Leslie Deese expressed appreciation to the City Council for their patience and to staff for the incredible work that went into the preparation of reports and multiple agendas for meetings the past two evenings. Now everyone is looking forward to a little break the next few weeks to regroup. 27 of 398 MAYOR AND COUNCIL Book 99 / Page 130 06-20-2017 City Treasurer Mitch Beauchamp reported the passing of National City native James Stewert, who was the Chief Diving Officer for Scripps Institute of Oceanography. Mr. Beauchamp also and expressed concern about the current deteriorating condition of Granger Music Hall. Vice Mayor Mendivil said that he has done some additional research on the issue of puppy mills and, depending on what happens in Sacramento, he would be willing to bring the issue on the agenda; said he felt good about the Compassionate City Resolution adopted at yesterday's meeting and said he wants to continue to push forward the Together -We -Can program and explore the Adopt -A -Ramp program. Member Sotelo-Solis expressed thanks to the staff for the amazing job they have done the last two weeks; stated her belief that the Downtown Specific Plan height limit should be 13 stories and should include an Inclusionary Housing Policy. MOTION: Motion by Sotelo-Solis, seconded by Mendivil, that we have at the August 15t" meeting information or discussion around a Human Relations Commission. SUBSTITUTE MOTION: Motion by Mendivil, seconded by Cano, basically the same as Member Sotelo-Solis' but it doesn't specify the words `Human Relations Commission' or `Human Rights Commission'. Member Mendivil withdrew his motion. RESTATED MOTION: The motion was re -stated by Sotelo-Solis to be, that we have a discussion on services and Boards or Commissions that serve and address the needs of the community that could include non -profits and other Boards and Commissions including a human relations commission, as an example, in other communities. Motion carried by unanimous vote. Member Rios thanked staff for the work in preparing the 2500 page agenda; suggested that it would be worthwhile to reconsider going dark during the month of July; highlighted the opening of a new healthy food business and said the City Council needs to model good behavior. Member Cano also thanked staff for their work; apologized for those occasions when he has been late for appointments and meetings and said he would be giving second thoughts to going dark next year. MOTION: Motion by Cano, seconded by Morrison, to clarify what the Chamber of Commerce, where the $50,000 that we donate year after year goes. Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Abstain: None. Absent: None. It was clarified that the motion did not specify a specific meeting date for the clarification. 28 of 398 Book 99 / Page 131 06-20-2017 MAYOR AND CITY COUNCIL (cont.) Mayor Morrison expressed support for the July City Council break; provided an update on State legislation regarding puppy mills; reminded everyone about the upcoming July 4th Carnival in Kimball Park; encouraged everyone to support the new business offering healthy food choices and discussed issues regarding Housing and the need in National City for smart construction, appropriate density and having a balance of housing choices. CLOSED SESSION REPORT There was no Closed Session. ADJOURNMENT Motion by Mendivil, seconded by Sotelo-Solis, to adjourn the meeting to the next Adjourned Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City to be held Tuesday, August 1, 2017 at 5:00 p.m. at the Council Chambers, National City, California. Carried by unanimous vote Adjourned Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to start at 5:00 p.m. due to the "National Night Out Event." The meeting closed at 10:07 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of August 1, 2017. Mayor CITY COUNCIL SUMMER LEGISLATIVE RECESS July 4, 2017 - City Council Meeting - Dispensed With July 18, 2017 - City Council Meeting - Dispensed 29 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 29 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 CITY OF NATIC 30 of 398 Y, 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 31 of 398 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 Page 1 of 2 32 of 398 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 Page 2 of 2 33 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 33 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 CITY OF NATIC 34 of 398 Y, 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 35 of 398 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 36 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 36 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) 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 CITY OF NATICI 37 of 398 Y, 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, 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; 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 BY, [Kum Muthusamy, Assistant Director PHONE: 1336 -43831 EXPLANATION: 4Attached.I FINANCIAL STATEMENT: DEPARTMENT: Engineering/Public Works APPROVED BY: APPROVED: Finance ACCOUNT NO. APPROVED MIS 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 Local match of $21 9,375 is inn --bind for Public Works Parks Division tree maintenance services ENVIRONMENTAL REVIEW: [N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: 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: [N/ ATTACHMENTS: 1. Explanation 2. Grant Agreement 3. Resolution 38 of 398 Explanation In 2015, the City of National City was awarded an Urban & Community Forestry Greenhouse Gas Reduction Fund grant in the amount of $276,685 through the California Department of Forestry and Fire Protection (CAL FIRE) to develop an Urban Forest Management Plan for National City. On October 20, 2015, the City Council adopted Resolution No. 2015-159, accepting the grant and authorizing the City Manager to execute the grant agreement. The grant required a local match of $26,400 funded through the General Fund. The scope of work 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. The tree inventory has been completed. Staff anticipates completing the remaining project components and closing out the grant by the end of Fiscal Year 2018. 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 requires an in -kind local match of $219,375 for City Public Works Parks Division to maintain the trees after the plant establishment period. On May 22, 2017, staff was informed by Cal Fire that National City has been awarded the grant in the full amount of $650,800. The grant will fund the purchase, planting and initial maintenance of the 1,700 trees, to be performed by a contractor, over a three year period. A portion of the grant funds will be used to install drip irrigation systems and water meters for certain locations to assist with tree establishment. As previously stated, long-term maintenance will be performed by City Public Works Parks Division. City Council resolution accepting the terms of the agreement, such as committing to maintaining the trees after the initial plant establishment period, is required to receive the grant funds. City staff has reviewed and accepted the provisions of the grant agreement. It shall be noted that while one such provision is a "hold harmless" provision, staff has determined that the risk to the City is minimal since CAL FIRE's involvement in the project is limited to submittal reviews, meetings, site visits and project accounting. 39 of 398 STATE OF CALIFORNIA—NATURAL RESOURCES AGENCY DEPARTMENT OF FORESTRY AND FIRE PROTECTION P.O. Box 944246 SACRAMENTO, CA 94244-2460 (916) 653-7772 Website: www.fire.ca.gov Leslie Deese City of National City 1243 National City Boulevard National City, CA 91950 Edmund G. Br own Jr., Governor June 12, 2017 8GG16417; City ofNational 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 snake 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 Lynette 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 UnitJCCI 1300 U Street Sacramento, CA 95818 2. LI Please initial change(s) made on all copies of the agreement on page(s) as'harked . 3. EJ 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 Lynette Short Stella Chan Enclosures "The Department of Forestly and Fire Protection serves and safeguards the people and protects the property and resources of California." -1= 40 of 398 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 IS 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 Tess) *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 en employee of the eligible entity for this grant. City of National City Applicant STATE OF CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION By LESLIE DEESE By Signature of Authorized Representative Title CITY MANAGER Date AUGUST 1- 2017 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 x 0.00 ADJ. DECREASING ENCUMBRANCE APPROPRIATION FUNCTION Optional Line Item: UNENCUMBERED BALANCE $ 650,800.00 LINE ITEM ALLOTMENT 3540- CHAPTER STATUTE FISCAL YEAR T.B.A. NO. B.R. NO, INDEX 9520 OBJ. EXPEN D 418 PCA PROJECT/WORK PHASE VENDOR# I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance. SIGNATURE OF CAL FIRE ACCOUNTING OFFICER DATE -2- 41 of 398 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 /I. 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 o! t any other obligations required by this Agreement, in accordance with applicable law or any other standards ordinarily applied to such work or activity. -3- 42 of 398 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 -4- 43 of 398 GRANT NUMBER 8G G 16417 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 C 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 be 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 -5- 44 of 398 GRANT NUMBER 8GG18417 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 ail 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. 9. 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 Agree' 4 -6- 45 of 398 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. Ali 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 or 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 -7- 46 of 398 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 E! 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 26% of the total grant amount and must be spent on eligible costs within six months of the advance payment request. The k alance of unspent advance payment funds not liquidated within the six month spending period will be billed for the retum of the advanced funds to the STATE. The amount wiii be returned to ine grant balance. A request for advance payment must include the same level of expenditure detail and justification as a regular invoice. A!I 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 IetumeU to CAL FIRE. 6 -8- 47 of 398 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 incorne used toward offsetting the project cost or returned to the STATE. b. 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 -9- 48 of 398 GRANT NUMBER8GG1fi417 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. Final 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 attorneys fees), or claims for injury or damages arising out of the performance of this Agreement but only in 8 -10- 49 of 398 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and improvement Project proportion to and to the extent such liability, Toss, 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 rdamage 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 50 of 398 12. Incorporation GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project 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 -12- 51 of 398 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project ADDENDUM — CALIFORNIA CLIMATE INVESTMENTS (CCI) GRANT PROJECTS I. 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.aovlec/capandtrade/auctionproceedslcalfire 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). v. Grantee shall maintain accurate and detailed records documenting project description, project -location, 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. II. MONITORING AND REPORTING REQUIREMENTS A 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 period 1 on the project area. Emissions and sequestration measurements should be expressed as metric tonnes of carbon dioxide equivalent [MTCO2ej. Net Greenhouse The crediting period is the time period over which the project accrues GHG benefits. 1 -13- 52 of 398 GRANT NUMBER 8GG16417 City of National City National City Urban Forest Expansion and Improvement Project Gas (GHG) benefit of the project will bo 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 large 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 rernoving pest- or pathogen -infected trees. 8. Avoided GHG emissions resulting from research activities. 9. Estima.t ir1 net GHG benefit achieved to data_ 2 -14- 53 of 398 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. ?g. 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. PROGRAM ACKNOWLEDGEMENT/RECOGNITION All 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 GAL FIRE logos as well as the following statement: 3 -15- 54 of 398 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 California 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 California 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 -16- 55 of 398 2016/2017 Urban & Community ifornia 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: I6-GHG.UF-01-UFEJ-oO7 Name of Organization [JtyofNationaicty Project Title National City Urban Forest Expansion and Improvement Project Project Type !Urban Forest Expansion & improvement Requested Grant SE $650,800.00 Primary Source of Technical Advice Matching $ 5219,375.00 CA Registered Professional Forester Total Project $I $870,175.00 Explanation 'colt Stephenson, RP-#2949, ISA Lertmed Arborist WE-1, (if required) l Professional's First Name Scott Professional's Last NamejStephenson 1. Applicant information - Eligible applicants include cities, counties, qualifyi ng districts, or nonprofit organizations qualified under section 501(c)(3) of the Internal Revenue Code. Type of Organization laty 1 A. Primary Project Contact information First Name 'Leslie 1 Last Name 'Deese Email 1.1deese@nationalcityca.gov Address 1 11243 National City Boulevard Phone Numbert (619) 336-4240 Address 2 L City INrL.a! City County 'San Diego State 'California Zip Code '9? 95 301 10. Secondary Project Contact information First Name Kuna Last Name iMuthusamy, P.E. Email Ikmuthusamy@nationalcityca.gov Address 1 1:1243 national City Boulevard Address 2 Phone Number! (619) 336-4383 City !National City County !San Diego State California Z; Code 191950-4301 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 -17- 2. Partner information - List primary project 56 of 398 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 [Urban Corps of San Diego First Name [Ty Last Name Sterns • Partner Contact Title Design/Build Manager Email Itsterns@urbancorps.org Phone Number (619) 235-6884 Comments I 2B. Name of Organization 2 'Tree San Diego First Name Laurie Last Name 1Broedling Partner Contact Title IPresident a nd Executive Director Email Ibroedling@outlook.com Comments Phone Number (619) 307-1760 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 IMar30,2020 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 DAC 100 Percentage of project that "provides benefits to' DACs. 101 0 i t. The majority of the project is in a publicly accessibie 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 htto://www.calepa.ca.00v/EnvJustice/GHGInvest/. A majority of the project will occur within or within a half mile of census tracts 6073011602, 6073012401, 6073011601, and 6073021900 uvh ci-i meet the defini iori of Disadvantaged Community in the City of Nationai Ciry, 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. -18- 57 of 398 L 5. GHG Methodology: Fill in the GHG calculated an scribe 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.govfccl capandtrade/auctionproceeds/quantification.htm. You are required to attach UTCC runs for species specified and the ARB ca'culator output. 5A. Estimated carbon stored (MT CO2e) 2,449 5B. Estimated avoided emissions (MT CO2e) 1,445 5C. Estimated project emissions (MT CO2e) 195 5D Net GHG benefit (MT CO2e). (5A + 513) - 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 i 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 (kgltree) was also calculated for the 14 representative tree species. An estimated 5096 of the 1,700. or 850 trees will be planted near buildings and provide GHG emissions reductions. 1t 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 1 between 20 and 40 feet from a structure. The Emission Reductions (CO2 Equivalents) values for all 850 trees, using the average of ail !aspects or 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 toe 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 jvalues). Project GHG reporting will be completed quarterly for each grant project progress report. Projected direct sequestration will be 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 emisslons,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 Arborist. -19- 6. Narrative. In the sections below, please follow the 58 of 398 provide all relevant information for the project. SA. 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 i� n San Diego County. This project is designed to address this problern by accelerating the City's tree planting goals from 40 trees per year over40 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 clirnate 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 tyrant 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. -20- 59 of 398 6C. Scope of Work- Describe the approach to esign (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, wil[ 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 FIRE's required maintenance period by an addltional 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 40years 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 local 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. Treys 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. Nursery tree quality shall be confirmed as a condition of tree planting contracts. Saes 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 &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 wlll 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 leaks. -21- 6C. Scope of Work Continued from previous 60 of 398 Tree pruning and replacement requirements: The City will seek pruning, stake removal, and tree replacement services for 1,700trees. 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 Trees". 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 consistentwith 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 l 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 quaiified consultants with demonstrated experience In this type of work and use in-house staff as necessary. The team will work co!!abo et!ve!y 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. -22- 6D. Project Timeline - Provide a project timelir 61 of 398 ;t 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 removalladjustment, 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 Of 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 'Ma ri na'), Strawberry Madrone (Arbutus unedo), Queensland ]acebark (Brachychiton discolor), Kurrajong (Brachychiton populneus), Queensland Bottle Tree (Brachychiton rupestris), Lemon Bottlebrush (Calllsternon citrinus), White Bottlebrush (Callistemon salignus), Rose Bottlebrush (Callistemon salignus var. salignus), Gold Medallion (Cassia Ieptophylla), Deodar cedar (Cedrus deodara), Silk Floss ( Ceiba speciosa), Chitalpa (Chitalpa tashkentensls), camphor tree (Cinnamomum camphora), red flowering gum (Corymbia frcifolia), Syke's Coral Tree (Erythrina x sykesii), Indian laurel fig (Ficus microcarpa), Evergreen Ash (Fraxlnus uhdei), Australian Willow (Geijera parviflora), Toyon (Heteromeles arbutlfolia), Purple Jacaranda (Jacaranda rnimosifolia), Brisbane Box (Lophostemon confertus), Catalina Ironwood (Lyonothamnus floribundus), 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 (Pin us canariensls), 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 Iancea), Black Locust (Robinia psuedoacacia), Peruvian Pepper (Schinus molle), and Tipu Tree (Tip uana 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 sp riec 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 -Frew 11,100 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- rnetter 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 5t & 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 - 15th 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 5t: no water installation, no irrigation, New drip systern installation. No inefficient irrigation valves, pumps, sprinkler control timers, or overly costly and elaborate irrigation systems will be funded. -23- 7. Budget Information 62 of 398 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 j340 hours) + education & outreach (S00 hours). Total = 3,900 hours. -Vendor provided estimate for watering requirements Contractual -Task ?: Vendor estimate of $55/trce -Task 2: Vendor estimate of $60/tree -Task 3: Vendor estimate fort 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 suppiied estimate of $60/tree -24- 63 of 398 7D, Matching Funds - List other non-GGRF fun ..„ ___. ___, that will meet grant snatching requirements. Source 1 1City Personnel Hours Description Source 2 Amount I $219,375.00 Estimated hours for watering, tree care, tree replacement, education and outreach. Description Source 3 I Description Source 4 Description Matching funds comments Amount 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. rg Stormwaterreduction jX; improved public health jX; Improved water quality Improved air quality Fc; Energy savings IT Biomass diverted from landfill R. Enhanced active transportation FI- Reduced vehicle miles travelled r— Vacant lot(s) acquired 51 improved urban forest management IXi Jobs created 15—ci Job training conducted ri community outreach conducted r; Education tools/media produced >C' Other co -bents An 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. lmproved 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 transportation: The City has rccc:vcd cmcn .7 from t:c San Diego Naval Ease.: that tree planting and further rther development of cycling facilities is needed to provide a more pedestrian friendiy environment for the over 3ti,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. -25- 8. Project Co -Benefits - continued from previous p 64 of 398 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 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 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 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 Leslie Deese Dlglteity signed by Leslie Deesa DN: err —Lelia Deese, o.Clly of Nellonal C%y, ou=CIyYarwgw, enleDedease®reponalolt,=.;,w, o.t4.2e 14.44.10 !3. 4.AC -era] 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 Diges0.y .igned byLeelle Deese DN. cn.Lesie Dean, a=;Ry of . Neliorml CNy ou4City Manager, una II. M eesegnetrono kCyce,e ov, Deis: 2017.04.2613.44:33 -67177 City Manager Datej4/26/2017 Phone Numbe 619-336-4240 -26- 65 of 398 9C. Recycling Certification (all projects must ... __- _.__ ;ign) - 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 suplalies 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 102.23, 10308.5, 10354) Signature Leslie Deese ri Dig Italy sided bibs& Deese DN: crpt ask.Deese, o=C.yof Neters] City, cwClty MansgBZ elnetkleasegrert3aneieltre-sow DaSe_2417.942B 13:44:14-MO' Title City Manager Date 4/26/2017 Phone Number 619-336-4240 9D. Checklist of Necessary Forms To Be Completed. Some may not be applicable to your project. Il CAL FIRE Urban Forestry Program Environmental Checklist pz, State of California Non -Discrimination Compliance (Std. 19) 1 Proof of CalEnviroScreen 2.0 community designation. fi, Governing Body Resolution (must follow sample format) 7.. Representative project area maps with DAC information. [; Project sign schematic (including CAL FIRE and CCI logos) 7 5-10 representative site photos T Other: State of California Drug -Free Workplace Certification (Std. 21) )c State of California Payee Data Record (Std. 204) Fo Signed letters of participation from listed partners. Ft; Urban and Community Forestry Project Budget UTCC runs for assumptions used, ARB Calculator filled in. List other City Resolution to be brought to City Council on May 16, 2017. 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 Guide common to ail of the CAL FIRE Urban & Community Forestry grant programs. Signature Leslie Deese ' Dlpiteriy shred by teens DOOM • DN: m=Leelle D.esa o.0l National City,ou-Criy, Manager, lam e l -0deeee @ sets sal dtyce so DeLZ20179 48'349iD1 -07BP Printed Name [Leslie Deese Title 'City Manager Date 4/26/2017 Please fill out this form completely. Be sure to save a copy of this form for your records. Subunit one (1) electronic copy in the fillabla PDF format with all supporting materials to CALFIRE.Grantsgfire.ca.gov. Please use "U&CF GGRF Project Application" in the E-mail subject line and include yourself as a cc. YourCCwill 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 -27- 66 of 398 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 req ui re maintenance and care. The City's commitment to providing maintenance and replacement services, in addition to their longterm commitrnentto 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 improved infiltration and canopy interception replenishes fresh ground water supplies. Receiving waters of San Diego Bay will take in fewer pollutants over time. Otherco-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 finned out and signed by the appropriate person. 9A. Certification of Party Responsible For Maintenance 1, Appropriate representative Leslie Deese certify that the Appropriate agencylCity 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 wit ANSI;- 3D0 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 Tltie aty Manager Dater4J26/2017 Phorie Number 619-336.4240 93. Statement of Compliance With All Applicable Laws hall projects must fill out and sign) 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. s o will lead to cancellation of the grant award. Signature---_ _t Title City Manager Date 4/2612017 Phone Number 619-336-4240 -28- 67 of 398 9C. Recycling Certification (all projects must fill out and sign) - This cert nation applies to all state contracts and, to the extent feasible, all federally funded contracts. Contractor certifies under penalty of perjury that percem 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, Se lions 12161 and 12200_ Contractor may ceri ' that the p.rcduct contains zero recycled content. (PCC 10233,10308.5, 10354) Signature Title City Manager 9D. Checklist of Necessary Forms To Be Completed. 17-5 CAL ME Urban Forestry Program Environmental Checklist fit. Proof of CalEnviroScreen 2.0 community designation. Governing Body Resolution (must follow sample format) • Representative project area reaps with DAC information, . Project sign schematic (including CALFIRE and CCI logos) 5-10 representative site photos F Other. List other attachments: Date14L25J2017 Phone Nurnbe r613-336-4240 Some may not be applicable to your project. X`°, State ofCalifomia Non -Discrimination Compliance (Std.19) State. of California Drug -Free Workplace Certification (Std. 21) .ISC. State of California Payee Data Record (Std. 204) ▪ Signed letters of participation from fisted partners. • Urban and Community Forestry Project Budget 15tc UTCC runs far 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 all of the other required forms. The signature indicates that, to the best of the signer's knowledge, all of ;he information provided in this application and all attached required forms and documents Is accurate and correct. The signor additionally acknowledges that they have read and understand the grant program RFP and the Procedural Guide common to all of the CA FLEE Urban & COrn ra:rrity Forestry grant programs. Signature Printed Name 'Leslie Deese Title 'City Manager Date 4/26/2O1.7 Please fill ourtthis form completely. Besure to save a copy of this form for your records. Submit one (1) electronic copy in the tillable PDF format with all supporting materials to CALFtRi Grontsaire.ca.gov: Please use "U&CF GGRFProject 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 Communfy 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 nt-trivcd. ifyou trw.:.c. 6.to to ,.rz hard +;.spy ;;,a exwadiied,eveti,tgrii mail, please E-i=yitaii tAir'irrEGrarriv@fire.,cagov for )lie physical mailing address. CAL FIRE Urban & Community Forestry Program GHG Reduction Grants -29- 68 of 398 National City Urban Forest Expansion and Improvement - Project Budget City of National City ` C F y r � - ! r4Y Z d u }r # , � T. T4.��� ✓ : ./ .4, ,may N7 • �. •ill ! 3 �' ` 3+l`r'gspFi J�{ i$i:}1 Si(�C #' '+l'� +.S'. i 0, 1 � �rA 'K '.; ".� 1 4 j .0 .��' j �c .:. F 'x. •kp-tr y .= eer " ' estimated @ 3,900 hr5 I$90,0001yrt $45jhr X 3,900 hrS 1 175,500 a 175,500 ' _ _: = •' estimated @ 3,900 firs ($.25/dollar) $11:25/t, 3,900 tws 0 43,875 43,275 , 0 219,375 219 ,375 qt01 : 1,70015-8ation $55/tree 93,500, 0 93,500 5 + 4t lr > -.. l,700 35.8egon $60/d-ee lozo lB• 102,000 T.'.;., .. •.' • Sk ! rrti r • ,.9 aty parkways. 7 raepalr/epgrades and 2 new systems. $350,003 350,000 0 350 ,030 taglA4 ° -: 3 yrs repmtitn 60 tits, X $166 10;000 0 7A poo 545,503 0 545,500 2 programs/year. 6 total 0.00 per program x 6 programs 3.3000� 0 3,300 3,300 r="• 3,3fl 0 ..3. C '....7:' _ .. 4 ;-. , :•',> .. - • ': - : '- Stakes, ties, root collar protectors, 3.4 Inches organic mulch (feat titter, shredded bark, or woad chips), organ fertilizer, organic soil amendmer' ,soilfiill $60/tree 102,000 ' 102.030 : 102,000 0 102,000 . ' 650,200 219,375 870,175, 111011t.Orpr `CL 0084T `: 75 25 200 -30- 69 of 398 PkVies5&9 `rigarea' 10 i.•ii 1,.0 r t., Pitied Veta Data rlsfle DuiN entry Piaui - —E Ttee age !Ideated rtag2 1 Shade & Ornate sataUled Climate ZO119 g: jl9rr53113.4oast SOLO coast Eloutrtefy CO2 arnisacans t wist§ 301 41cBmIviih) Biec4YcilyNH4ernie9baaleaiors h ' ikiNI Nh}. Elantitcfy N2O an isolonu fernor5 - ___-- n (14%1Wh ) tr, slttr.?erenar. Date rrenie • . • ,b u Lions Des Spades eorla and acientgic nameAga Trine az, Tree dla anr:a Pleas Building Vintage sir aondtdoningequip.: keeling equip., Heeling. dmleaiens•lactl 002§ Healing ®missions lac tur CH, Heating snvaaxns factor N2O1 lemon bottle:nab Aqt (years) 9 in 17BH & 20,61t high Near 1956.60 Centrat.airTEat pulfp natural gas Gilr0gn Gelcala te. Reevits (annualt enisakm reductions (G02 quivaiants). Ceara; 'Heating CvaRng I sting Coaling+Hearing kYuhitrec- MMNBI20ese kreive) (kgllr�ee)-.,.(kglree). 42.TO 0.029 e2,0 14 144 use Ibtiree. IQAree e.eeo en Lc kg 11-1;0 coy S®quesfraban �{4,y..V�afu�o- or0.0 Eldkdtes n0Iva growth). {fVfree} 3.8 TOW CUa Stomd Above ground biomass (dry wa)glYl1- s1.T 70 of 398 Tree and Engel- et Ttco data below ono,tree at a time then retard mulls rTelzin - Data :•. Species code and Stlert16c name E�. dam/weeder Age { t �.o.1% Aga(yens) Ata.in MK& 58.0 ftlifelt Trtn3atl+S ,;fu "`'' W Tree dlgtott class Neer ilvIldPnAvintegei', 3. srsx. .; m pump 1950-80 alronndittooingbeclrp�: ya���' '��_;;-:�1'y• ;_: Cei�irel lr�eat Hearing alp +`" s v? ` . natural gas Freeing emissions. facEa,GOA KEY ' r :�. i' ( 0W) Healing emfas3ons.factor C1,1�§ :. . x.' .A'.::, :;. f;. ,wv OcgaiStui 11WilliternallenalecmTN,O$ "' ;,l , •ru:..- (leprki9ta) rigure Pftpres s & e: Prcilect !O*tS entry Dabs name DOB ens moo Flag@ armate Zane Elactrititf CO2 emissions factor§ ElectripityGH4 ernisslbna Electricity 1420 emissions fantod Wit# ?4r Ct ionimummummeer EnterTree tide. below case trrae,et Dade name Species Code and scientific- n9mfl Age (years) Tiiee-ezimuth Trei}.distance-ctass Building aitritege air conditioning_ equip. Heating•e91AP Heaton emissions facter-0O24 Healing erniseionsfactor CH fleeting etiitesions factor Mz04. is aaA'4 SI at)d trfi�dit Deeaipbon Tree age selected Shade &.egmate selected Smith Coast (kg/MMWh) 00/N1W h) (kglNiWh) Tree and RulleintData entry n lime, their noorT'results Drifrx arty Units its s740 Energyreduoadns Heating Metultree 0.134 .o Description camphor tree Ate -titers) 22.5 $n DEH & 35:7 ft high w Near 1930-e0 Central ar/heet pump natural gas — %j11oon Caltulatot'Reatifte (annual) Emission reductions (CO2equivalente) Cooling Meeting Cooling + Heading (kferee). -, (kgnree) (kgltree) 09�a. 7.1 try ��� gutless ..7 rat.n (A vobe of 0.0 indiceles no law grown (fie) 109A 240 mows Total CO2 ground Stored Maness (devht ISA 10 86E Io LL 72 of 398 c ar rrti.M7 K. Ji' +?fed lkfl(dlng tilts entry Utter t e.4 beTpw one hee-dt a fro. thew teverd resultu - - Data/KM Mgt*. = Units Destrtption Spades code and s titintiflG n ." (Ye ) Trtler H24m Use diatoms loss Buflding vinlapt air aindTNnrNng squ p. Heeding. equlp- HeaUng errtEssicns fader, = Hrf§aHrtg emin3lena facia CRS FivatIna er>'a&inos rector NAtt V1gures 7-10 redflowe?. un1 Age (years) 33,2 in USH ffi 37,9 it NO. W Near 1@5D-so Centre, aklhestpurnp natund gas CeiE1me aelau*tor Remits (entwel Tatai CO2 greulta stored biornsas 73 of 398 1 f•'Igurea 7-/0 r_ t,lJr•'tn Ji-J nip.. 41' I l'oo Project Ikstalleid y Ffag1 i Frngai ClimetsZena! Rr 4 i8i 0 3i. Electricity CO2 errrlssiexts tart r§I d` EladtridIyCl a/Weston!fadOr 1 tied 1420 wielders -leek 1:ter ark— q !Ct Tree age selected Shade & climate sew .youth Coast (14011/41) jacaranda Age (yaw) .114 in DEH & 2317 It 1ttgtl Near i950-9D Celdrei eirlheatpuimp natural gas Energy Tete:Verse I trmissianreduelions.(CO2equivalents) vabar/ae ifrdfEUftl6 no Sea VAIN Heating Can h+p Hestrt CennlinD + Heettng wives ate. 1/Stu/tree 1a2.7e 29.• A 9. .. 1�. cos Sequestration •Totel 002 Stereo! (clry weldl[+t1 74 of 398 rrolset tints orb 7 Defy name 1 Y el Urtf(a Description Mag. s: ,:. Y.. „ 'free selected. ' .�'r ' ' Shade & Ornate selected ,i'� � err Cgmat$Zone ' : + . w ' Soutl.Coast Electricity CO2 emissions lector§ £5(k®IMWh) EIecirkityC114emiss sefaator§(M'M,) Electricity NZO Omissions temiSi:-:'71'-e' K(k9Avmen)v renulned fore - - finersy reductions sweeturn Age (years) 12.3 in DBH & 37.7 ft NMI New 19S0.9b Central atrliteetpump news/gas ROAM (kgthABtu) tialaStol Carbon Caftutetar.Retnitto (atnnum mission reductions (CO2 equivalents) Coding Heating Looting Heating Getting +Meeting leinfiviree Malultree (ksMree) (k9 ) (kQJtree) 118,57 0.0GS 39.9 3_0 3t1:9 Cp7 St3g(tcstratton Move Total C az groom' Stored bred see (A value er 0.0 Worms rwe tee. myth) {dry vaelglti; (k{ytrso) {acgipree) Aimee), 14.7 51$.2 2. 9.4 0 . 0 Q _ Ob'tEIT) 75 of 398 Tree end SAWDetre t EntgrTree detatairevemir' ce . 1pe. ;halts rnrerd r+s _Dab name �sll �n tnlls .0 t n Spades welt ea* seiendl9e rime iMRali lFvhc rtu1111*,IrMOIt1n ma seuthe i impede Age rs) 41 Age.(yeere) ibflltil)$H&38-4iChigh nee etziri elks . r W Trez.d1s[3n Om iy. Near 195040 Bugling vI e, "* C9rrhelafrThoetfAenp adooyttll8e ing equip. .e. r er* l gas Heal�n€lp: 1leard?rge leslenefacter- w13,1 {k9 t+) Hearngenieeione?enterCH 14 i ) Heeling em#Bslons'feater N (}' itrnlairii o e-I;F.`ir (A Woe di OA btllaafrs no tee Hewing Co ng 4' Heatl tp grant) nee) ice} 1ksA't0) n) d.b &kg Ba:S 1fiWA Vise _ Ibilree (IbMeeNeer) ilbitrue) ;f s1gnr i a _ t 2 23-4 Hoots a&a 76 of 398 C,i�T.T'rr r-rr-..,,7 11r 1r-,r r Dail Rao G1irY1Hl9Zoh9Mt'"���.;: Electricity CO2 ert1tssionafactor§ L'•`� •1: Electricity CIi4.omissto03 iactcri Fr Electricity 1.12C emlaeldrls to r$ wfredlof trim Figures 7-10 Units Da:met: Moo "�� re6 i �olected Shade &owl t:eateated South Coast nay/ seafand ctalstm01 tf Aga (years) 17.2 in DEN & 31:T111ttplt w Hear i»saso Central afrJhemt pump natural gm d�ai6oh C�c�iiator Results' anii 77 of 398 Aatifiattry !WW1— —. �- - > Datrname artily Unlf$ Ueairi. y-ry.x h TTi eage•J�,-.�� y t_.WgL qT '� t�•v- li - '•1 �rBK 3 �� emit Cihrtakt aCNVIMI ClimeleZana SoUtt►t t v? . ©aori9altyCO2Araleaioaa r$ ;v t'� *� m,ec�II (k9IMM) •Elecurdhr 044 ernlssterla faoBora .�, s` k J! (g!M1Nh) aolriottr f F20 mnisbtorra *do m. "- Sr ~ = li (kgry 4Wh) r"igufesel0 — TSS 'AryrFlBu tit }la>4�a iEnhrrTfaecklabelowoga.toatatimeriirerlri+ dren s Dat9 name b4Ar - Unite Cescrl.' Spe etas cods aiad sdlerAtfia n0010 44,1 ' W - J. ppe1$Brk Age (YtEktal 's{F .,i, t ; • Age (years) 27.B in 1:7tH & 49.$ thigh Tree 1491 ,. fir., r: t :,, W Inn dt8t9(rreNels0 Naar ' Y : K.* 1 SD 98 a irccncilborting ik c.s,a'tr :>i4`; a, '% 1' Cetdrai&theepump I'ieata9 equl r i1: 3 } ::', .n ug`.:3,9 1 rottnai gas Heating nmis®tonaTacter,^- " ° ?� .i (44419 ' Heating erobatons factor CHi$ ",a ;` "o {k to) Fteetino mtxesTorc factorPatxt (k ultio ) Garcon C tvi litaift, *we Cooilncl Rearing Croistg N'oaUT1g Coon+Heattrki KWhl4fea .MA t l(ree '+) Rase icV4Wtree . 0.31 Ph _ Mum' 78 of 398 Pgua•ea 6 & 9 Elgurraa 7-10 Swan code and scieraffie Ave Veer") Tree ezImuth Tree tllsterwa trees Beltdlri vintage air cortdltionIngt °.gulp. HatEtifl egfdp. l leating eTrIselons factor C17 Meatif+p er enlons factor CH4g HeafRg Whales* f orli Ceding Heating kWhiree MBtultvee 199.12 0.662 J4WIVIrelte, I_ • : 6.06e (kgA Wh) (kg,M Wb) (1(6Thlvvh) canary lalend pine Ave %mere) 29.5 In MN & i95.6.It Mg W Near 199i]-SO Central aft hea? pump natural. gee timim BM) {fgt;tu) * -•1• -4 • Carbon Cailcr$atior'Result!►'• a13W r+#aslun reduttions {CO2 equlualerda) Ce'ahng * He tMg Total CO2 Stored {dryweighll (ktrea) 2996.2 1239.6 0l4�4LL--+ US fir. 79 of 398 Spscles coda and serer ititu name Veers)Age Tree at(nmnrh ' TIe dtetaneo class L3ultdIng vintage aft' .corrditani iO equip. Heetmg c 1u1p. Heating errtlssions *tor, QCA Hung emissions iaticra CHH, .Msating atrisslntis fatter NsOS1 Cooling Heading ttNIBtaknee SLIM y Flag CBmsle arts >'wlecdIc iCO2Missionsfactor& Pkvri tyGl14 misslonstkator§ 4 ,. Outlay fJ20 emissions festalx �,;.e5"- Sraocirt:d for r r r 4.`v �t r rau6'rlr Tree sari ono tree At a L,e+e_ tlhgn an,-,.,,d restills. Den tn,. Units 14:UN Wiita►parvmisediAti _ til, vlcleffenb0x tiAge eiders) 24.1•fn q9N & MAI ft high Neer 1B5O-80 Central slrf eatstrrap risking T gas :,. :: ew + •'; (14141Btu) • 4. I iI :,fir Carbon. Csienteter llM8tllt! Canting + Heating -CO2 Saqusatrallon (A ante afa4 bakers rotes 80 of 398 r2igures 8 & s 1 ee tind'Buitdng Data adry 'Pleuras 7-10 Enter Tres date bbT0welnattasata'tlriyt dfe_ ee+,ord mettle Date Creme 13g1 Speelkt. tole and scientific AUslYettr26 Tree azimuth Tree dleianoe.daes Buften0 vintage air cerelitimirsi equip. Heatlrlg.equip. HeaNteg.emiselerre rector- 002§ Heetkhg ae riltsions faathr OK $; r -i Energy reductions Cenurtg Keating kWh/tree MBhdtree 320,10 kee GJttrre �tr411 CP_la-a Codling ili>) londcn ptenetbe Age (years) 20.3In ♦)8I4 & 51,6 ft high W Near 165a-e0 Central alrfieetpump nedwal'yes (kttR1Bk0 (kplP 1Btu) n lErtrr) Geef hg + IWatrffi'rg (Wrest 1037 coy Sequestration V. +rater, er 00 3kfeatre rro Gar} Rbovs Total CO2 groteid Stored ! biomass (dryrwetghtl eel (IONrcW SU tluhee) ablbgel ...1.,,`,7 81 of 398 C1lrnataZ• • ` tt, Efectticfty CO2 etttleaiona Eegbfetty.Ctl4arrifastonafatt itS Slach1GI0,1 POO ernitsaktn3fP0101S "•rs.rr4_r Spades -coda and solarafflO Waft AV* Tree.eifrfotl Tree dlsamce Mat to tdlllg vintage aIr cortditiontng ecpulp' Heating equip.' Headag emdoskms factor- + ,: HeatI rgcmimicas factor CHI@ HMikrg ennsittena kratur Nafl 1Og-ares7-1d CooRtig !tree 17.4 fltitrao 19.1 - r it cold enrr, . Unrta yr Imo age selected Shade & a0rnate selected South Cost wpm Age (years) 0,3 h1T78H & 7.3.1 ft151®li• Near • 1950.00 Cenral ahlhaetplEf»p !natural gas ( cigiVI iu) (ka+1.115u ) ;kn!MMBiu) Afiowe CO2 Total CO, ground Saqueolradort Stored 110tr ss {a vita dfY..O Imixotia retriee sro+119 (dr/weight 14:3 �A g9.t Oblte24.400 {it me) o 11,7 itte 31 82 of 398 F1gUre F;1Irr T'r i r5rh12rlC{,rr 11 .I„ s1 it , -. r 'r 1 +•'•-,. beta name Flegl F1 CMmate Zof1e Elechielty CO2 erntesitt i Motel Electricity CH4 emlasbna faatori Electricity N20 emlesbrs fatiol *u. n r., fll ,, zl Un1t DertedpNbn tree age selected Shads & dfm8ts selected South Coast .540.111141) (kg1 ) Figures e & 9 . tree -and B th11 * Data eMiy Eider Tree dal® betow one tree stktl Mon reodrdresults Data ARMS pea e Units Raven 7-10 DescrigRon 0 Species code grad acieritlfte Age (years) Tres Tree dtstereo. •. guBdeig Vin • - alr conditioning equip. Hosting equip. tiesalug emissions fad GO * Heaths° dmlaafons fezger CH Fleeting emissions favor NAM Energyredunlloris • aV brIsbane has Age (years) 10.B Is DOH & 26.4 thigh W Near 195D60 Caning efrifleet pwtlp natural pes (k Btu) (kglMetu) .(hpf[NBtu) Cert!Oi 4tnr Rasa. fa naval) Cooling Heedlr kWMree .Nf-dtsinee 92:t1e 0.041 1ONhdrae eXtree 3%-uC nwa Emission reductions (CO2 equltraterlts) C{xNFrig 19.1 Thidratt 4M1 Haaang 12 iblbes CaeBng 4 1cating F-i t Ctlrrt'1.i'1 Above CO2 TrArCO2 ground bsequestration Stared blames merle 00,6 Winton no bin grown,) (CRY (kgrAt0e) � 9•S �.Se6 aglimehrear7 • Oh/Wee) W 83 of 398 4 'GAT<Rnm.- ophivyfterdit.'noon A rmty at Ate **wraps- Board kalect7 ir. Grassi- ID. Uap 11 ib1e • CaPdorrtaAir "Resources Board and California Department of Forestry & Fire Protection Greenhouse Gas Calculator Tool Urban -and ton/iinio,*ForestryPr +m GreeerhraAa ('3as :1edud1an Rind Racal Year 3O 5-2Qi Vrr,•Decetri'13,251.6 GAG Benefit of tie Planting Engraft ther sabsg the C7GCteastlmatetree earisen si a etansidtagasabie,4010ataiestenl ionsiromenergr .orIndia duaIlrc-c. Tree &Treeninth* Ite n CbicterEsile QGardltyofiiIgstvla: Pleated with Tree & Tree PhiptlagOte ckvac Cut.00storedn JnelaadiielTree 40Wars Alter Prairies gtart OS sl I Anesaa0H Qayeaop Reductions brat Epetglr5wings I from lacValOwilisee [ta ONO T tr • Cx .+:� F'Hyf 4iii1. f..ik': ih i ;x.7-: Sc f `F y fi r7'•'�• •S .i _ .1 i '� S ` rG h S [ a/..L ,( .. Y .f4 cY . rya { if .y. i _x.X ..... , ! 4.. L 1 } }., s'i-4] 'ri i -i F f a .1 s q=.:�a �i.f, . S s �JS_ -.ps: fir, S r�-• s � r 1 L. tY�N R S •+ uC Erg p F ki s f.- ♦ a i - t £ K 4w1�L-� 4 - ' 1 .C•j`s. •4.. gY vS x w r suirrot l FORPONLAT O ► .S •'i �..�t a� C '' . � Years of•Eatabllshreertarellk; RaSss:ementCeze Prcvkiedby Prajee: Otani ettiG Benefit of CrotonStonedto litre 1Project:Tees 04TP0 l 614E 9eaefitfor Energy EsPArgs it coxe) 6116Emicsloiairam Project lenpterner tedoi IMTCOrei Pep 3 el 2 Tree Carbon Energy Sayings Worksheet ICTc rrecem6er8, 2018 -45- 84 of 398 Calor+a lviletinlaRel PIRROVM A MP Air Resoutelle Project Name: ,Grant ID, ifappRoabte: GliG SummaryWorksheet California Air Resources Board and California Department of Forestry & Fire Protection Greenhouse Gas Calculator Tool Urban and Community Forestry Program Greenhouse Gas Reduction Fund Fiscal Year 2016-20 7 Version 2 -December 8, 2016 GI+G Benefit of Carbon Stored: in Live Project Trees Estimated Using the CICC (MTCO2ej r,:.-".- -. GHG Benefit of Carbon Stored in Live Project Trees Esfimeted Using i-Tree Streets (MT002ey GHG 9enefttfrom Energy Savings Sav' Estimated Using the CTCC IMTe) = . G11Ga Benefit from Energy Savings Estimated Using I -Tree Streets {MT CO,2e! • ;,.. -: GHG Benefit of Carbon. Stored in Wood Products (MTCO.ke) = '`' ' >r =-: GHG Benefit from Utilizing Stomas for Energy Generation Nrcohe) `w ' �'.Y... Gi#G Benefit from Preventing the Lantifiliing of Biomass MIT COxej GHG Emissions from Project Implementation (MMT.0O2e) Net GHG Benefit (MTCO2eI UCf GGitF Funds Requested IS) Total GGRF funds Requested ($ .e: GHG Besse /UCF GGRF Funds Requested livITCO ) Net GHG Benefit/Total GGRF Funds Requested (MT CO2e/S) Page 7ofB GHG Swnmary Worksheet December 8, 2016 _46_ SOURCE: Me of Erai onmente( Health Hama Assesstrient CammnviroScreen 2.0 Scores .; 21-30% ice: 31 - 40% E; 41 - 50% E. 51 - 60% I:: 61 - 70% C. 71 80% 61-90% 1 Census Tract CD National City CalEnviroscreen 2.0 Results - National Gity National City Urban Forest Expansion and improvement Project -47- 86 of 398 SB 535 Disadvantaged Communities C ISUS Tract CalEnvirnScreen 2.0 Score CalEnviro,Screere 2.0 Percentile Flange Pollution Burden Percentile Population : i Total Population California J� County ZIP code census tract falls within Nearby Cit ¢?a help approximate location only) Character' tics Percentile �Y 4 Li@ ^'BJ' . '' s°n#+ 4.2. J y iaiA-I e� r . a' ,t� _. rI tl2i is Y , r� ¢ � � �k '7 s. h µ t 1. s:Sim M' �f'k.�Y Y 1 i s F Yh o,. 1, ` s F ~� h �ye�" ,"+ Mill ` • �{ fi r k . 11 i^F� la ;:: i.;) 1. Y'CI 'Hl. {R1. loutof1 Dctaher• 2014 87 of 398 rn �a g a 7 A .41 Funding for this California Climate Investments. grant project has been provided thigh the California )epartment of ►r ry end Fire Protection AL FIRE), Urban and Commursity Forestry Program. 88 of 398 89 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 89 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 CITY OF NATI( 90 of 398JT1,, 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 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). PREPARED BY Carla Hutchinson, Junior Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: -/(70c...001( FINANCIAL STATEMENT: ACCOUNT NO. [NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: 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 RECOMMENDAM N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit and Agreement 3. Exhibit "A" and "B" 4. Resolution 91 of 398 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. 93 of 398 ENCROACHMENT PERMIT AND Amman T (Commend* The City Of Nn9ooal sty hereby Vat es Encroachman Permit to the under red, `r'H J 141604144046 P -T 2S i-t.C. (btatoi r rethered to as "OWNER"), m seeenlance with, and pomade to the tamer rod condition: set bath b Chapter 13 /2 of the Nations! City Municipal Code. OWNER ;athe owner of drat mask raal geoperty described in the art clods Rthhit "A", et is an oar of personal prepscty that eswowed to be installed in the public right-of-way of stet public property of the at,eeh�ATsiieotnsl city, Canny ribs Diego, Stec afCslidessia. The OWNER, in consideration of this grant ofpumas' leo by the sly oft4ademd Cry (heminefier reerred to as `CITY) to imtall and pia certain pry properly cr•a Wilding, hanky, er weer siruateune it designated from time to time as a widths or upon. a CM essmatt, property, es cialackay fbrrim use arid benefit oTOW 'S prepay tend agrees es dhlleivi 'i'Ihe site ofiostafailon and any dssodptioe °TOWNER'E maccolimat le described in Exhibit" Er, FEE: Si90.00 The urns and conditions under which the enamehmem is t h be installed and nssbnudmeed are as follows: I. Upon notificetioa in noddies b' the Cky f4ittea, the above described eacroseinnein shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The aid encroachment shall be tithed in a cafe end notary ary► condition at all times at the sole cost, risk, and reepaisibility des °f OWNER and umy; asaor in Internet, who dial bold CITY Wades: wkh respect3. This Permit and Agreement, when made lbrthe direct benefit ofOWNER's land or property detailed above, end the comma heaths contained shall has with add bed sod stall be MOON the°f� Should OWNER co its MI to mum or encroachment Wein permitted within slay days at rr notice of removal or relocation kola the CITY. CITY may muse such removal or relocetfon to he done at OWNER'a We oust and expense, which shall be a lien upon said land. A copy o#tbds Ethereedimat Agreement stall he recorded Aping any real property *Tee owner's that le hereby bandied by the ester actan nt, Upon most by an%, PahaniEE shell mead hi* Ruch Agreement with the Cauahty of San Diego, Comity Reomdss'a Offica, and upon recordation shall return the original to the OM 4. OWNER dad tam, darthso, add hold leerndea CIry and Ira officers, egrets, and employees m **Owner's costs, demands, and detainee costs, including etlormys' entry upon mad use ofC y's aassmaot« dght.of-way for the batelleden. mammon., and me of the awner'e S. OWNER and each smassor in bates at align shad sate out end mob twin, during the that the imemeehnuet mks on CTI'Y's easement or with sail eeiro i nth *Mae Nabs Datlear f IdOOC,300.limit pa e theresee, envedng all bodily and property damage aiding out offish Enemeamsonnt Agreement. Thht policy shall tame CITY and its officers, age, end asaployoees as addidesal ineured, end dud! came primary insumnoe as to CITY' and its officers, agate, end nerploy etas, so that ciw other policies lieS by art +d.ah1 not 'il,s w ;: y� ! :u:+ww. Sw asieii 94 of 398 provide far thirty (SO) days prier written soda to art oforneadader r meterial cheap. Prior m osamemecniad of tirade B t Ate, OWNER s CITY a Ger:Meant of inenomee wits edgiest eadmisteseate widening tln by tide Nation. Biel maw fa to do so, City may elect to obtain sith arrange m OWNER'S expense or Immadieasly samba* this Agreement. & The fall teams aced conditions under labbrh tirir Enerosehment Petit it i . figthet Kt is& in Chapter 13.1m of the 14atimed sty bitmicipel Cad; sidektemei OWNEIthereby Ricci/Wally acknowiedges and leas to. OWIler also acknowledges that those Wens end canditfaa Wade, gdfing Malin 'be fbibarbill: a. The City reserves the right * chssp the Outer "fair and rssi le" �, r true ass an' property retroactive to tie data of f Or hretallatio�► of ttre b. The CITY cm make flee removal, ralocation, or oodordrouldhld of tkc encreacbment when deemed aeceawy and *fie by and in the sole discretion elite City Baena* at cif s fit- penes. 7. 'ice edescaebment lit is not valid and °mike m riffs to hated maintabt an mat itedl it is aeospted by the Owner. DATED: STY OF NATIONAL WY kiatrisen, Wirier PERhifffile sarr t.4] 41 14w PrfrNenc, 'SAM_ 54'1Ftr, )43 i 4CALINA l try Sri M Alamo & Title AWACS . NOTARY WilriTirSCATION FOR TER lM OF Ilanterron WOW ACM. usa CALIFORPRA ALL SSE ACRNOVOLIDMIDIT NOTARY ONLY. IMIKITIERIAMICANT It' ORRMA : 'Soot- 41 PFuson hi Responsible Chgge 5iO - a-6.111. Films2417 Number SffeCr- 7v,IrrSTmo -01'5 TOM ?bine Addreetu ta."s COA-sr tAigo Itti b wihm.4444,J1-ad OA— ?slag MAT SEMING LOCATit+f OP S r UCTU S, EASEMENT. OR RtGiiT-0P-WAYr ACID SEWER A3"r R MADAM c m & s marezrr" -a; MIAOW.) Permit lad Avenel* (Com palB 95 of 398 ACKNOWLEDGMENT A notary public or other officer oompleting this certificate verifies only the idenifiy 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 Banta Barbara On May 9, 2015 before me, Anna 0rt z Wines (here insert name and title of the officer) personally appeared Joel S. Shemin who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) islare 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 ' ARRA ORTIZ OWES Co mraEcelen w 2DSEBE4 Notary Public - C�Iifcmia Santa Beams County .. IUv. ExpiresJan SO, r (Seal) 96 of 398 EXHIBIT "A" ENCROACHMENT OF IMPROVEMENTS DESCRIPTION THE IMPROVEMENTS TO BE CONSTRUCTED WITHIN THE RIGHT-OF-WAY INCLUDE APPROXIMATELY 50 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. 97 of 398 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 JUNE 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 1 8° 59' 45" WEST, 58.00 FEET TO THE TRUE POINT OF BEGINNING. 145 square feet Prepared By: like R. Slater, P.L.S. 6706 Data: June 12, 2017 98 of 398 ATTACHMENT "B" Fiat Detail of Encroachment in Highland Avenue APN 563-010-50 2525 Highland Avenue. National City, CA 91950 0 100 200 Feet ° t 0 \ *at \I NW 59' 45V 58.00' Si vii A00.1.0, A \ ric H1E J9 01 '� �`t A A S\ A ... '`Ig.) \ it\, 10\ 744,& 63116' 1:11/6"lit ° Zi V "of eV ;Xi N71' 00' t6'EJ 1%1\ 2.50 20 ,0 Feet \-°°ss. 99 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 99 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) CITY OF NAB 100 of 398 If, 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 1 COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Special Driveway Permit Request 3: Resolution 101 of 398 EXPLANATION Chris Kennedy and Jessy Romero, property owners of a single family residential home located at 641 E. 5th 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 Tine. 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. 102 of 398 CDP Permit # 2011- 20t Special Driveway FEE 368.00 CALUFORNJII —4- Eng. 4 IO Cf INcnxrouasS0 City of National City Engineering Department 1243 National City Boulevard National City, Ca, 91950 APPLICATION FOR SPECIAL DRIVEWAY PERMIT Application Date: 711 7 11 Site Address: (o'11 /Arfineti\IAL CITY C.A. 9n ci 50 Owner's Name: COPS K. N E (Y 4 L1 S Y Phone: R2- I( It tit A _ % ( y) Owner's Mailing Address: f. 51 . / NF` I 1 cN (.fi i EA- ci)3 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 driveww will differ from the City adopted standards? ' - rP o 10iZI ivAYS Jj o1 1 LE.S µ q 0 ai-frieNotwos, THIN 4'atIE S P L.� T 1rNJ $1 -t pri4Lf._ h12.E Pr . ENG-100 1 103 of 398 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, 1S 1,S f X pAr-t.` 55v,'LL w 111-i sL11 Long 1-)sitf j i- 1z—i) E 1- t r. i r\( vp. . 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. Sfkg1AM PSL 72-LIT NEW Jr . I51. 1t9 S.D. . fzi16( c-..sT 1 ! J ATT oW L- urt,C c l05tj 5. The following conditions shall apply: A. The application fee is nonrefundable. Payment of the application fee does no guarantee 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, reflectors, bollards, barricades or other devises at anytime. E. The property owner is responsible for the design, installation and maintenance of the special driveway: ENG-100 2 1 U4 OT 39t5 I S CL 0 C , the owner of the property referenced above, accept the conditions of this Special Driveway Permit listed above. -c)-9-111/14-011.'09-1 P-1 r+ 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 ❑ Explanation Engineering Department By: Date: Approved Explanation Approved with Conditions I I Denied ENG-100 3 105 of 398 REQ. WWI PROPGRtt U146 h• e; t' wS 1--rs+.. -117 kR lirryIIQE AV th 5TH STREET 1 1 3r• fry EXIST. PROPOSED SITE PLAN 1I 16" — PROJECT NO: MODEL FILE: (MNOVN WI. awn BY: SITE PLAN T 1.0 641 E 5th Street 917 rf 4(46 106 of 398 I Legend 641 E 5thSt 107 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 107 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 CITY OF NAB ii,. 108 of 398 1, 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. 28°1 Street, to enhance visibility and access from E. 28t" Street onto Highland Avenue and ensure compliance with on -street parking design standards (TSC No. 2017-15). PREPARED BY Luca Zappiello, Civil Engineering Tech PHONE: 619-336-4360 EXPLANATION; See attached. FINANCIAL STATEMENT: ACCOUNT NO. NfA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: DEPARTMENT: Engineering/Public Works APPROVED BY: -sir) APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing installation of 16 feet of rod 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 1 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 wl Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-15) 3. Resolution 1 109 of 398 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 Commit -tee 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. 110 of 398 Location Map wrath Proposed Enhancements (TSC Item: 2017-15) 2801 Highland Avenue 18r of proposed red curb No Parking" Highland Avenue .� Sweetwater FJnFon High Schcoll 111 of 398 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 ITEM NO. 2017-15 ITEM TITLE: 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. PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public arks 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. 2811' 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 Parking2 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. 112 of 398 EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2017-15 113 of 398 Luca Zap*Ito From: Ja'rnrnello Lewis Sent Thorslay, April 2,, 2017 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.Therc`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 I'm going through. Thank you On Apr 18, 2017 8:28 PM, "Stephen Manganiello" <SManganiello®nationalcitvca. go' > 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. 114 of 398 June 8, 2017 Resident/Property Owner NATioNAL Car x�CCaPOAs:D 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 115 of 398 Location Map with Propose • n ancements (TSC Item: 2017-15) 2a Ell Highland Avenue 16' at proposed red curb "No Parking" Highland Avenue Sweetwater Union High School r 116 of 398 16' of proposed red Lcurb "No Parking" 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'° Location of proposed red curb "No Parking" on the east side of Highland Avenue, south of E. 28th Street (looking east) 117 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 117 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 CITY OF NM ; d 118 of 398 '(, 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" an 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 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: STAFF RECOMMENDATION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS Adopt a Resolution authorizing installation of 20 feet of red curb 'No Parking" on the south side of E. 14th Stoat, 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 instal] 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 I nna ATTACHMENTS: 1. Explanation wI Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-16) 3. Resolution 119 of 398 EXPLANATION 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. 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. 120 of 398 Location Map with Proposed Enhancements (TSC Item: 2017-16) 4' pee; of prpo$ed rod curb No Parking" 20r foot of proposed red curb 94o Paring"" E. 14th Street 44ibt} Business Park "Bravo plaza" 4E. 14177' Street 121 of 398 ITEM TITLE: 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 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 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 and visibility at the intersection. Staff also ;a•.coved 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 2016-16 122 of 398 Luca Zappiello From: Phyllis C. Ocampo < Sent: Monday, May 15, 2017 10:31 AM To: Luca Zappiello Cc dariojr@cox.net Subject: Traffic Safety Concern Mr. Zappiello, Re: Exit from Stancrest Lane to 14th 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 extemiing 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. Pve 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 a 123 of 398 June 8, 2017 Resident/Property Owner CALIFORNIA -•, NATIONAL crrir tFIQB1iPDRd 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 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 concems, 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 124 of 398 Location Map with Propose ancements (TSC Item: 2017-16) o p+ 20' feet of proposed red curb "Pio Parking" 2204 E. 1411E Street 10' feeIt of proposed red curb "Ho Parking" r-• -w ..ji r r 4"' E 14th Street 20' 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) 10' ofproposed red curb "No Parkir;g, • • Location of proposed red curb "No Parkins" on the south side of E 14th Street, east of Stancrest Lane (looking east) 126 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 126 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 CITY OF NAY y.. 127 of 398 Y, 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 PHONE: 619-336-4360 EXPLANATION See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. NfA ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS 3.11 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 I 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 wi Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-17) 3. Resolution 128 of 398 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 feei 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. Location Map with Propose . :ements (TSC Item: 2017-17) 40'feet of proposed red curb "No Parking" Traffic Control Impr LEGEND VRecommended new Yield sign location. 130 of 398 (TSC Item: 2017-17) 131 of 398 ITEM TITLE: 3 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 Zappiello, 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 Tine -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 sour 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; 132 of 398 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 2017-17 133 of 398 CALIFORNIA TIO AL Orr 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:I I Yesi No Description: Internal Use Only; Request Received By: L. Zappiello Date: 5/17/2017 Received via: LICounteriln-PersonnTelephonerlErnail rlFax Referral: Assigned To: LZappiello Notes: 134 of 398 June 8, 2017 Resident/Property Owner CALIFORNIA iL 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, liciL. 1/47.4.4;X 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 135 of 398 Location Map with Proposen ancements ('SC Item: 2017-17) 136 of 398 Traffic Control Improvements (TSC Item: 2017-17) LEGIEND Existing Stop Sign. rrij Recommended new Yield sign location. fmt rt I� 3 h) r. ;elk 40' of proposed red curb "No Parking" Locatlan of proposed red curb "No Parking' on they west side of Alston Ave, north of Newberry St (looking northwest) I� i I 40' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on the west side of Alston Ave, north of Newberry Street (looking north) 138 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 138 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 blue curb disabled persons parking space in front of the Pentecostal Missionary Church located at 2410 E. 8th Street, and 33 feet of red curb No Parking CITY OF NA1 139 of 398 if, 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 blue curb disabled persons parking space in front of the Pentecostal Missionary Church located at 2410 E. 8th Street, and 33 feet of red curb "No Parking' adjacent to the eastern church driveway to enhance visibility and safety for vehicles exiting the driveway onto E. 8th Street (TSC No. 2017-18). PREPARED BY 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: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution authorizing installation of a blue curb disabled persons parking space in front of the Pontccostal Missionary Church at 2410 E. 8th Street, and 33 feet of red curb "No Parking" adjacent to the eastern church driveway. 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 w/ Exhibits 2. Staff Report to the Traffic Safety Committee on June 14, 2017 (TSC No. 2017-18) 3. Resolution 140 of 398 EXPLANATION Mr. !oven Alonzo, representative of the Pentecostal Missionary Church located at 2410 E. eth 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 Toss 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 frnnt of the (MIT -Ph; 2. Install 33 feet or 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. Location Map with Propose ements (TSC Item: 2017-18) Paradise Valley Hospital E. 8th Street 20' of proposed blue curb disabled persons parking Existing blue curb disabled persons ping 33' of proposed rod curb "10 Parking'" 142 of 398 4 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR JUNE 14, 2017 ITEM NO. 2017-18 I 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. 8T" 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. 8'h 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 Parkintf 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 reservers 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; 143 of 398 • 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. Er Street. !f approved by City Council, all work will be performed by City Public Works. EXHIBITS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 2017-18 144 of 398 CAI.i :01011A rr N. AittoNAL rp 1.1f8r/ ZEiTcoRPORA1130 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:( YesI No Description: internal Use Only: Request Received By: L. Zappiello Date: /220/20 1 r' Received via: ounter/in-Person[]Telephone{iEmail rlFax I —I Referral: Assigned To: L.Zappiello Notes: 145 of 398 June 8,2017 Resident/Property Owner CA.IFORNIA �* 'NATIONAL i' 3.0 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. Sincerely, Mein Stephen Manganiello City Engineer SM :lz Enclosure: Location Map 2017-18 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 146 of 398 Location Map with Proposea tnnancements (TSC Item: 2017-18) • E 8th Street 35' of proposed reel curb "Na Parking" Pentecostal Missionary Church 1 147 of 398 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 gth St. (looking west) 33' of proposed red curb "No Parkin( 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 Sth St (looking south) 148 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 148 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting funds 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 Resp CITY OF NAT COUNCIL 149 of 398 CALIFORNIA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City accepting funds in the amount of $2,500 from SDG&E's 2017 SAFE San Diego Initiative through the Bum 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, and authorizing the establishment of an appropriation and corresponding revenue budget. (Fire) - PREPARED BY: Frank Parra PHONE: $19-336-4551; 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 $2,500. DEPARTMENT: Fire APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Ex. 282-412-912-355-00001 Rev. 282-12912-3498 APPROVED: No negative impact. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Resolution 150 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 150 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 CITY OF NATI( 151 of 398 >(, 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: Polic PHONE: Ext. 4513 APPROVED BY: EXPLANATION: e �� It is requested that Council waive the formal biddingrequirements as allowed in 'ectio� q of 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: 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 152 of 398 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND DAY MANAGEMENT CORP dba DAY WIRELESS SYSTEMS THIS AGREEMENT is entered into on this 1 8 day of Su ).j , 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 , 153 of 398 v 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 154 of 398 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 155 of 398 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 156 of 398 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 157 of 398 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. n 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 158 of 398 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 ail 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 9I950-4397. H. Insurance shall be written with only insurers authorized to conduct business in Califomiathat 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 159 of 398 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 Revised May 2017 Day Wireless Systems City of National City and 160 of 398 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 161 of 398 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 162 of 398 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. Morris -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) Pt wA a cic r ,M c j 0. S (Print) (Title) By: j:f2....--12 (Name) p&--R•JA-A4d E 1?JJ D c (Print) A-5 S T. Ss oe ut c>c 4-.Lvf-Mc — (Title) Standard Agreement Page 11 of 11 City of National City and Revised May 2017 Day Wireless Systems DAY WIRELESS SYSTEMS dba: Day Wireless Systems 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fax: 858-537-9570 163 of 398 SERVIGL_ ENT DATE 6/5/2017 CUSTOMER NAME: City of National City - Police Department CUSTOMER #: NAT140 Exl-D*181*-1-,4, DAYS WIRELESS SYSTEMS ATTN: Accounts Payable CUSTOMERIAGREEMENT: 4565-00 BILLING ADDRESS: 1243 National City Blvd. CUSTOMER CONTACT: Bridget Gregory bgregory©nationalcityca.gov CITY: National City Zip 91950 TELEPHONE l FAX #: 619-336-45091619-336-4525 CONTRACT START DATE: AUTO RENEWAL: EXPIRATION DATE: 7/1 /2017 YES I1 NO 6/30/2018 OTY MODEL NUMBERISERIAL NUMBERIOESCRIPTION PLACE OF SERVICE CUSTOMER LOCATOR SVGcro DRIVC4M SVC GTR W4a-01 MONTHLY SVC AMOUNT PER UNIT EXTENDED 3 Mobile Control Stations` x 9.00 27.00 3 Reomote Op Positions' x 90.00 270.00 Spectra Consolette Existing' x 25.00 25.00 1 Ethernet Router` 15.00 15,00 1 Ethernet Switch" x 15.00 15.00 1 Tensor Channel Bank" 32.00 32.00 9 XTL5000 Consoletles' 9.00 81.00 3 BDA 25.00 75.00 15 Astro Mobiles 8.00 120.00 16 XTS3000 Portables X 10.00 160.00 80 XTS5000 Portables X 8.00 640,00 33 XTS2500 Portables 7 8.00 264.00 56 Astro Mobiles X 8.00 448,00 3 Moto Astros 8.00 24.00 Totals tor page 1 PAYMENT CYCLE: TAX EXEMPT: [ ] ANNUALLY 1 ] YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ X ] QUARTERLY I x I 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 E LOCAL TAXING JURISOIOTIONS. TO BE VERIFIED BY DAY WIRELESS PAGE 1 OF 1 WIZEN TRW AGREEMENT IS ACCEPTED Df DAY WIRELESS SYSTEMS. THE EOUWM ENTON THE CM STONER'AGRE EMENYORWER REFERENCED/WOVE Wtl RE SERVICE0 et PAY WIRELESS SYSTEMS IN AGCOR DANCE WITH TIE TERMS AND CON0111ONS RR WTED OMATTACNME Nr. TIIIS ACRE WENT DOES NOT INCLUDE REP4L[MERE OFANTENNAS. RATTERIES. OR SERVICE Of ANY TRANSMISSION UNE. AN TENNA. TOWER OR TOW EN LIOIITINO UNLESS SUC0 WORK IS OESGRILRS0 BELOW SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4:30 PM Mt,r.,,ay in.v Fr„Iny o.Glvaing v.o•ranos ana nehaay, An or.T.,.aR ......o-,.tntivn a, n,mnnnnC• ,n Spaa0On Is Inclun.a In tnl5 contractsna 1, en na SCnnn..,Inn ny n rnpr.,,n n,wuv. at National City Ponca D.parnn.nt. Th., contract ,nch.,)c, .11 Part, nn, Intro. .n,t., Rho OviCarInCon of antennas, 1, attarla,. cables. progra nl n, log. ally arcol abu,c end weler/,.n aca.,,:al pan, arpn. 'Donor -as that tells squints ant„ coa.ra., und.r24/7/365. Cnntrar.t aecls.non pier ,.p ana o•Ilv.ry or porra Plat- [ X ] NEW (] ADJUSTMENT AGREEMENT AGREEMENT# AW5on.I fermi, defvlilians and conditions or IDis SERVICE AGREEMENT are printed an paper 2. PURCHASE NUMBER AUTHORIZED CUSTOMER (SIGNATURE) DATE: SERVICE REPRESENTATIVE (SIGNATURE) DATE: 164 of 398 ExlAjD1-- Day Management Corporation dad: Day [•YlreJo,s Sysrems 8300 Juniper Creek Lane STE 100 San Diego, CA 92126 858-537-0709 Fdx: 858-537-9570 CUSTOMER NAME: NATIONAL CITY -FIRE DEPT ATTN: Jasen Matlock BILLING ADDRESS: 1243 NATIONAL CITY BLVD CITY: National City STATE: CA ZIP CONTRACT START DATE. 7/1/2017 YES SERVICE AGREEMENT DATE 5/22/2017 CUSTOMER#: NAT130 DAYr.. WIRELESS SYSTEMS CUSTOMER/AGREEMENT: 4634-01 CUSTOMER CONTACT: JASEN MATLOCK/ MICHAEL LAFRENIERE 92050 TELEPHONE / FAX #: 619-336-4550/619-336-4562 Jun ntlocN@f1RtIon,ICItyCO.gov AUTO RENEWAL: NO X EXPIRATION DATE 6/30/2018 PAGE 1 OF 2 N'I.FN rresnRIt LINTR ACC tPTto6YUS MCOIE WMEt MS INF 1O.IF %NIONt.f CIhlcLERY.,:IN1Mft4, o trR Cf.ERtK.FD AO?TNII. er Si C,ffD64 BI,v WFIUESS 5,STEM541AcCOADI.NGI M'ITH f.E rECM5nlocc op1.V5PRN*ICCNAT,KI,yeN1. T45444E04CNT 005 NOT 111L'WBC Rr*JCIlWit 4,1041414584T,tR[S .41StI 1,t Y AWTROIIMAKM tM, ANT EIt 144514!1Rluhvmt coo Ss .IA:“ WON G OCXROto 8E1OW PLACE OF SERVICE MONTHLY SVC AMOUNT SPECIAL INSTRUCTIONS: HOURS OF SERVICE: 8:00 AM TO 4 30 PM M.—R. Y .,.,. F.,,,.,. OTY MODELNUMBERIsERAL NUMBERJDESCRIPTION P E_, ,..,, PER UNIT EXTENDED EXCLUDING WEEKENDS .,,,.1 HOLIDAYS. 14 Astro XTL5000 W9X Mobile Radios x 15.00 210.00 4 Astro XTL5000 W7X Base Stations x 15.00 ... I,.,..,..,,, I, . ,.,,..-..,..,,...,I ....,,. FII-F I'IH I,I. 35 XTS5000 Portables x 9.00 315.00 4 Impress Rapid Rate Chargers x 3.00 12.00 T,,,, •-„nI,.r. i...,,,,,o, AN I,..., ..,.1 ,.,,,,, ,r,. I, me e.c..P.,,,., of e.,..,,.,A., ., e.ler.e,, cAMA,. 5 Desktop chargers Model AA1670 x 3.75 18.75 ,,,,,.,,.I,,,,,II,.,, ...... .,, .1.,,,,., .„al V.•e.e,lc„..,Ic„I d. In Ago. 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 [ ] YES, ATTACH EXEMPT [ ] SEMI-ANNUALLY CERTIFICATE [ ] QUARTERLY [ x I NO I 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 8 LOCAL TAXING JURISOICTIONS, TO OE VCRICICOBYDAY wIRCLrss SERVICE REPRESENTATIVE (SIGNATURE) Date 165 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 165 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, 166 of 398 CITY OF NATR.TNAL GI Y, 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 and authorizing the acceptance of the 2016 Citizens' Option for Public Safety (COPS) Program grant in the amount of $ 1 00,000.00 to purchase police radios, Panasonic Toughbook computers, Tasers, police service helmets, capital project that supports front line police services, pcpperball 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). 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 awarded$100,000.00 in grant funding via the FY 2016/17 SLESF/COPS Program for frontline municipal police services. This is an annual grant that must be approved by City Council each year. 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: APPROVED: 7 ,x. Not Applicable ORDINANCE: INTRODUCTION: FINAL ADOPTION: 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 167 of 398 TRACY M. SANDOVAL PEPUTY CHM' APMINISTRATNE OFFICER/ AUAITORANO CONTROLLER (619)6314413 FAX: (619)531.5219 June 12, 2017 Gaunt cif crcrt Piego FINANCE & GENERAL GOVERNMENT GROUP 1600 PACIFIC HIGHWAY. SUITE 160, 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 Government 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 ASSESSOR/RECORDER/COUNTY CLERK AUDITOR AND CONTROLLER CHIEF ADMINISTRATIVE OFFICE CIVIL SERVICE COMMISSION CLERK OF THE BOARD COUNTY COMMUNICATIONS OFFICE COUNTY COUNSEL COUNTY TECHNOLOGY OFFICE RECEIVED !UN 141017 CITY OF NATIONAL cITY CITY MANAGER'S OFFICE GRAND JURY HUMAN RESOURCES RETIREMENT ASSOCIATION TREASURER -TAX COLLECTOR .,"0711;Firt THEV CCE.bDF'1 S }OCUMEW7`. 0 TAI 168 of 398 ECLIRITYai7NTOAC 'GRO1JWD10NkWHIT.EaPA -1 R:7 :i;A*a ''W:' riffs :' S`t� hr�,a�vt The Treasurer Will Pays. 1 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 `...` ' k+ HEIBACKEORifilISIDOCIIMENT CONTAINS iANdACITIFICIAMATERM'ARK4IHOL'D A ;AN-'ANGLSOO JEW13 00638 2117 1<(l° 1:01-, 2038 244 9L000S066 211g PLEASE ADDRESS CORRESPONDENCE REGARDING THIS PAYMENT WARRANT No. 6382471 SAN DIEGO COUNTY AUDITOR AND CONTROLLER 5530 OVERLAND AVENUE,STE 410 SAN DIEGO,CA 92123-1261 (858) 694-2053 AUTHORITY/PO INVOICE DESCRIPTION DISC AMT NET AMOUNT GC 30061 12JUN2017 SLESF PER GC 30061 (COPS) 0.00 20,000.0( .00 20,000.0 169 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 169 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 CITY OF NAT 170 of 398 TY, 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 Sheriffs Department re c ived $6,7 D d00 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 Sheriffs 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: WI`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 ATTACHMENTS: Operation Stonegarden FY16 Agency Allocation Worksheet Memorandum of Agreement, Grant Assurances Signature authorization form 171 of 398 FY 2016 OPERATION STONEGARDEN AGENCY ALLOCATION WORKSHEET AGENCY NAME National City Police Department FY16 APPROVED ALLOCATION 44,000 FY 16 APPROVED EQUIPMENT ALLOCATION Grand Total San Diego County Region $ 6,024,600 EQUIPMENT QTY TOTAL COST TOTAL ALLOCATION 44,000 S 675,400 $ 2016 OPSG AWARD AMOUNT $ 6,700,00(h 6,700,000 172 of 398 County of Santa Cruz Sheriff -Coroner 5200 Soquel Avenue, Santa Cruz, CA 95062 Phone:(631) 454-7600 Fa,v(831) 454-7604 Jim Hart, Sheriff -Coroner February 28, 2017 San Diego County Sheriffs Department Attn: Steven Tamayo/ivy 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 Sheriff's 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 0)u At 4D Date Title JILL SERRANO, Chief Financial Officer 173 of 398 AGREEMENT FOR THE FISCAL YEAR 2016 OPERATION STONEGARDEN (OPSG) GRANT 1. PAFITIES 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 1 174 of 398 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 andfor 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:qww.(ema.govimedia-Iibrurv-data`145556993721 F- 3daa3$52913bSafte0c6b5bc3b448635TY 2016 HSGP NOFO FIN AL.Rdf (e) Exhibit E — Title 2 of the Code of Federal Regulations Part 200, which can be referenced at http:%/uww.eefr.uov/cai-binitext- id..?tpl=iecfrbrowse/Titic0212cfr200 mein 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 ofOPSG 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 175 of 398 SHERIFF will maintain the QPSG grant and will be administratively responsible for coordination of PARTIES' obligations under this Agreement. The SHERIFF'S OPSG 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 coordinations 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 AGREE ENT 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 of state 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 Anticinated 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. 631 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 bi-monthly meetings with a minimum of one representative from each PARTY. (b) increase information sharing during operations. 3 176 of 398 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 IPT 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@cbp.dhs.gov. 6.1.4 At the conclusion of each Operation funded by OPSG, statellocal 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: SDCCPSG2008ucbp.dhs.gov and SHERIFF at: stonegarden 4sdsheriff.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 SDCOPSG2OO8@cbp.dhs.gov for review before the next Wednesday following the operation. 6.1.6 PARTIES will send their weekly/hi-weekly/monthly OPSG schedule (whichever applies), utilizing the appropriate format, to the current 1PT point of contact and to SDCOPSG2O08fu!cbp.dhs.gov as it becomes available. All schedules will be compiled and sent to the Law Enforcement Coordination Center (LECC). 6.2 Personnel Qualifications 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 MVIanakement. Direction and Supervision; Indenendent Contractors The hiring, tiring, 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 o f 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 PARTY'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 4 177 of 398 connection with this Agreement. No PARTY has the authority to bind any other PARTY. 6,2.3 Designated 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 agencyunder 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 Servfces 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 Eeuinment 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 fol lows: "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 (OHS) passed through the California Governor's Office of Emergency Services (CalOES). 5 178 of 398 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 filing 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 person'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 6 179 of 398 Regulation at 48 CFR Subpart 2.1 and is currently set at $150,000) will require prior written approval from WOES. 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 item(s) 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 $250,000 or any vehicle, aircraft, or watercraft financed with OPSG 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 Basic 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 claim(s) is/are past due and funds allocated to the PARTY for that time period shall be redistributed among other PARTIES. 8. PROGRAIVUF1NANCIAL ADMINISTRATION 8.1 PARTIES shall use Exhibit D -- HSGP NOFO, Exhibit E--°PSG State Guidance developed by the DHS and CaIOES, 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 Ca1OES 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 II - 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. 7 180 of 398 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 ar 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), casts, 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, ar 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, terminations, 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. 10. INDEMNIFICATION RELATED TO ACTS OR OMISSIONS; NEGLIGENCE 10.1 Claims Arising FromfSole Acts oji Omissions of a 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 8 181 of 398 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 Maims Arising Front 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 Sheriff's Department P. O. Box 939062 San Diego, CA 92193-9062 9 Chief Probation Officer Probation Department 9444 Balboa Avenue, Ste. SOO San Diego, CA 92123 182 of 398 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 10 Chiefof Police Chula Vista Police Department 315 Fourth Avenue Chula Vista, CA 91910 Chief of Pol ice 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 9210I 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 Sheriff's Office 400 County Center Redwood City, CA 94063 183 of 398 Sheriff Santa Barbara County Sheriffs Office 4434 Calle Real Santa Barbara, CA 93110 Sheriff Ventura County Sheriff's Office 800 South Victoria Avenue Ventura, CA 93009 Chief of Enforcement California Department of Fish and Wildlife 1416 9th Street, Room 1326 Sacramento, CA 95814 Sheriff Santa Cruz County Sheriffs 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 ofpetsonal delivery if personally delivered before 5:00 p.m. an 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 ofa 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, 11 184 of 398 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 ail 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 accosts 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 185 of 398 SHERIFF's DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT 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 11,11' day of APp t . , 2017. COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO PROBATION DEPARTMENT Neil Gallucci Chief CORONADO POLICE DEPARTMENT Jon Proomin Chief 13 Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 186 of 398 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 , 2417. 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 13 Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 187 of 398 and PARTIES, mutually develop and implement within a reasonable time frame, a transition plan for the provision of ()PSG 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 PAUtG. EDMONSON sz . Assistant City Attorney City of Carlsbad 13 Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 188 of 398 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 13 Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT CITY OF EL CAJON Douglas Williford City Manager 189 of 398 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 slay 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 13 Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Rsmana Kennedy Chief CITY OF EL CAJON Douglas Williford City Manager 190 of 398 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 SI{ERIFF's DEPARTMENT PROBATION DEPARTMENT William D. Gore Sheriff CARLSBAD POLICE DEPARTMENT Neil Gallucci Chief CORONADO POLICE DEPARTMENT Jon Froomin Chief 13 Adolfo Gonzales Chief CHULA VISTA POLICE DEPARTMENT Roxana Kennedy Chief CITY OF EL CAJON Doug as illiford City Manager 191 of 398 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 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 Michele Jackson Principal Deputy County Counsel 192 of 398 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 SRERIFF"s DEPARTMENT Jim McDonnell Sheriff 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 Michele Jackson Principal Deputy County Counsel 193 of 398 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT .01 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 SHERIFFS DEPARTMENT Jim McDonnell Sheriff 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 fonts: MARY C, WICX]IAM, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 194 of 398 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 SHERIFFS DEPARTMENT Jim McDonnell Sheriff LA MESA POLICE DEPARTMENT Walt Vasquez Chef OCEANSIDE POLICE DEPARTMENT 14 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 195 of 398 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL C1TY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Aline+ 11-- F0 Deputjr City Attorney LOS ANGELES COUNTY SRERIFF's DEPARTMENT Jim McDonnell Sheriff 14 LA MESA POLICE DEPARTMENT Walt Vasquez Chief OCEANSIDE POLICE DEPARTMENT Frank McCoy Chief C Y O SAN DIEGO Mayor n 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 196 of 398 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 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 04,-- John'Bolduc Chief Approved as to form: MARY C. WICKHAM, COUNTY COUNSEL COUNTY OF LOS ANGELES Michele Jackson Principal Deputy County Counsel 197 of 398 ESCONDIDO POLICE DEPARTMENT Craig Carter Chief NATIONAL CITY POLICE DEPARTMENT Manuel Rodriguez Chief SAN DIEGO POLICE DEPARTMENT Shelley Zimmer' Ian Chief Approved as to form: MARA ELLIOTT, CITY ATTY., CITY OF SAN DIEGO Linda L. Peter Deputy City Attorney LOS ANGELES COUNTY SHERIFF's I4 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 198 of 398 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 Ill 1I/ 15 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 199 of 398 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 fy i/ 15 MONTEREY COUNTY SHERIFF'S OFFICE hen Bernal Sheriilr Comner 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 200 of 398 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SB:ERIFF's DEPARTMENT 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 GeoffDean Sheriff /11 Ill 15 MONTEREY COUNTY SHERIFFS OFFICE Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Wo4 .e/C14-.__, Nicole A. Sims Supervising Deputy SAN MATED COUNTY SIIERIFF's OFFICE Carlos Bolanos Sheriff' SANTA CRUZ COUNTY SBERIFF's OFFICE Tun Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 201 of 398 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 A COUNTY SHERIFF's OFFICE Geoff Dean Sheriff 111 111 15 MONTEREY COUN'PY 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 run Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 202 of 398 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 `l! ll! 15 Stephen Bernal Sheriff -Coroner Approved as to form and legality: ORANGE COUNTY COUNSEL Nicole A. Sims Supervising Deputy SAN MATEO COUNTY SHERIFF's OFFICE 6171 Carlos Bolanos Sheriff SANTA CRUZ COUNTY SHERIFFs OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Jim Abele Chief, Border Division 203 of 398 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 : rown Sheriff -Coroner VENTURA COUNTY SHERIFF's OFFICE Geoff Dean Sheriff Ill 15 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 204 of 398 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 S}IERiFF's 15 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 205 of 398 UNIVERSITY OF CALIFORNIA, SAN DIEGO POLICE DEPARTMENT David S. Rose Chief ORANGE COUNTY SHERIFF'& DEPARTMENT Sandra Hutchens Sheriff -Coroner SAN LUIS OBISPO COUNTY SHERIFF% OFFICE Ian Parkinson Sheriff SANTA BARBARA COUNTY SHERIFF&. OFFICE Bill Brown Sheriff -Coroner VENTURA COUNTY SHERIFFs OFFICE Geoff Dean Sheriff 1/1 15 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 SHERJFF's OFFICE Jim Hart Sheriff -Coroner CALIFORNIA HIGHWAY PATROL Abele et Border Division 206 of 398 CALIFORNIA DEPARTMENT CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE OF PARKS AND RECREATION Use Gapes Robin Greene C Assistant Deputy Director t Branch District Superintendent AdminIsUatian Approved as to form and legality: SAN DIEGO COUNTY COUNSEL Mark Day Senior Deputy 16 207 of 398 CALIFOR.NIA 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 16 OF PARKS AND RECREATION Robin Greene District Superintendent 208 of 398 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 Mark Day Senior Deputy 16 209 of 398 County of San Diego SHERIFF'S DEPARTMENT FYI6 OPERATION STONEGARDEN GRANT SIGNATURE AUTHORIZATION FORM AgencYNational City Police Department Date Signed: 05/18/2017 The below named personnel are authotimd to sign the request for reimbursement and certify any documentation for the FY2016 Operation Stonegarden grant program. AUTHORIZED AGENT'S NAME • TRW SPECIMEN SIGNATURE TELEPHONE NUMBER E-MAILADDRESS Jeff Etzler Sergeant (619)336-4437 jetzler(d, nationalcityca.goy Jose Tellez Captain (619)336-4513 jtellez@natIonalcityca.gav OPSCCONTACT'S NAME TMtls MdAII.ING ADDRESS TB ONE NUMB NUMBER ' E-MAIL ADDRESS Arnold Ocana �,.,. Sr.Aocostntant rus rucrcityemine eminent ina5o (619)336-4342 aocana@natlortetcttyca.gov Ron Gutlay ► *gaud City acelevera, Wore Ctly,aMO (61g)3yg-4346 rgultay►ranatic dcttyca.gov This form supersedes all others for above indicated agency. Requests for numb ureement received and/or certNled documents from staff not Identified in this form will not be processed. Manuel Rodriguez Printed Name Signature" -'� sate :fill form to: San Diego CountySheafa Woe, Brenta Unk Rot OPSG rob Steam Tamei4r1 Sc PO Box 939062, San Diego, CA 92123 ForgesatluneonUbetbno pieasocenhct, Stevan Tangy°ut868.974.213WStevan,TongateySoles at888-974-22GH/1w.Scitesaadsherff oig Authorized Agent Signature Page 05/18/2017 (619)336-4510 Phone No. FY *IS OFSG 210 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 210 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, CITY OF NATI 211 of398 Y, 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. 21st 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: APPROVE usinu & Economic ment 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 21s1 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. The property currently has a small, vacant single family house with no historical significance. The structure is planned to be demolished to allow for the new community park improvements. The house is in poor structural condition and cannot be salvaged. FINANCIAL STATEMENT: ACCOUNT NO. 001-409-500-598-1596 APPROVED: 41 4,c671/ Finance APPROVED: MIS $357,000 for property acquisition and related closing costs has been budgeted for in FY2018 under expenditure account 001-409-500-598-1596 (WI-TOD Improvements). 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 212 of 398 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 REALESTATEAGENCY RELATIONSHIP (AD PASSE 1 OF 2) epuu uoum'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 213 of 398 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 indudes 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 indudes 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 indudes 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 indudes 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 Title 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 seller. (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 214 of 398 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 ♦V 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 (Titre 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 215 of 398 Attachment No. 1 tilkCALIFORNIA ASSOCIATION _lor 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 6/16 (PAGE 1 OF 1) Reviewed by WIRE FRAUD ADVISORY (WFA PAGE 1 OF 1) EQUAL MIA!. OPPOaNN1Y Premier Realty, 1135 Garnet Ave. #15 San Diego, CA 92109 Phone: 858-490-0000 Fax: 619-233-3333 Robert Nouraei Produced with zlpFonn® by zlpLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zloLoelx.corn The City of San 216 of 398 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 217 of 398 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 218 of 398 Attachment No. 1 Property Address: 420 W 21 st 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 T:TLE: (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 waivas 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 219 of 398 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 TRANSMISSION 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 220 of 398 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 zrpForm® by zipLoglx 18070 Fifteen Mile Road, Fraser, Michigan 48026 www.zioLooix.com The City of Sao EQUAL Mo4SR*3 EPPLIMNITY 221 of 398 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 The 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 Seiler 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 time 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 chill 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 222 of 398 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 Sellers 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 zipForm5 by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wow zioLogix.com The City of San 223 of 398 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 224 of 398 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. Ali 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). 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 yaww zipLogix oom The City of Son Seller's Initials ( ) ( ) EQUAL AMMO 225 of 398 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 226 of 398 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'ssocket of 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) Attachment No. 1 4-4111§ CALIFORNIA Ilk ASSOCIATION Reviewed by Date egwL aou®,c CPvoaiuwry Premier Realty, 1135 Garnet Ave. #15 San Diego, CA 92109 Phone: 858-490-0000 Fax 619-233-3333 Robert Nourani Produced with zipFotme by zipLogix 18070 Fifteen Mile Road, Fraser, Michigan 48026 wwwzinlogioccorn The City of San 227 of 398 Attachment No. 2 I P.ti?jV iggiu Paradise Creek Development Site 228 of 398 c 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 ce r z z Comments 1- r z w O 0 V Produced using AC I software, 800.234.8727 www.acrtwb.com order 11272013 229 of 398 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 230 of 398 Attachment No. 3 File 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 231 of 398 Hancock Dany 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 Odd 0 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? Des ❑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 (1)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 was 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/food 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 ❑Fireptace(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 Fannie Mae Form 1004 March 2005 1004_0311AD 12182015 232 of 398 Hancock any 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 vt 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 Appraisal Company Fannie Mae Form 1004 March 2005 1004 DAD 12182015 233 of 398 Hancock any 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 of cost data 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 Fannie Mae Form 1004 March 2005 1004_OS1.IAD 12182015 234 of 398 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 using ACI software, 800.254.8727 www.acdweb.com Page 4 of 6 Fannie Mae Form 1004 March 2005 1004_05UA0 12182015 235 of 398 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 using ACI software, 800.254.8727 www.acdweb.com Page 5 of 6 Fannie Mae Form 1004 March 2005 1004_05UA0 12182015 236 of 398 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 using ACI software, 800.234.8727 www.acnweb.com Page 6 of 6 Hancock Appraisal Company Fannie Mae Form 1004 March 2005 1004_0511AD 12182015 237 of 398 Hancock any Uniform ResidentialAppraisaiReport 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 *I -)$Adjustment DESCRIPTION *I -)$Adjustment DESCRIPTION t(-)$Adjustment Sale or Financing Concessions ArmLth Conv;0 Listing ;0 Date ofSate/Time 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 111 ce Date of Prior Sate/Transfer 02/29/2016 07/05/2016 Price of PriorSate/Transfer 182000 185000 0. Data Source(s) County Records County Records County Records o Effective Date of Data Source(s) 07/04/2017 07/04/2017 07/04/2017 v, 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 Fannie Mae Form 1004 March 2005 1004_OS1.IAD 12182015 238 of 398 Hancock any 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 Appraisat Dataset Definitions 1004_OS1.1AD 12182015 239 of 398 Hancock any 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 1004_05UAD 12182015 240 of 398 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 O 0 u O 0 Z Summarize the above trends and address the impact on the subject unit and project. rr IA � 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 AC I software, 900.234.8727 www.aciweb.com Page 1of1 Fannie Mae Form 1004MC March 2009 1004MC 2009090909 DIME NS 241 of 398 ENDUM Attachment No. 3 Borrower: Isfahan Inc File No.: 17-216 Property Address:420 W 21st St Case No.: C ity: National City State: CA Zip: 91950-6513 GROSS BUILDING AREA (GBA) GROSS LIVING AREA (GLA) 825 825 Area(s) Area % ofGLA % of GBA Living 825 100.00 Levell 825 100.00 100.00 Level2 0 0.00 0.00 Level3 0 0.00 0.00 Other 81 9.82 9.82 G BA Basement ❑ 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 ❑X ❑ ❑ ❑ ❑ ❑ 14.00 x 3.00 x 1.00 = 42.00 ❑X ❑ ❑ ❑ ❑ ❑ 9.00 x 3.00 x 1.00 = 27.00 ❑X ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ x x = ❑ ❑ ❑ ❑ ❑ ❑ Produced using AC I software, 800.234.8727 www.aciweb.com DIM 10072013 SUBJ ECT PROP Borrower: Isfahan Inc Address: 420 W 21st St 242 of 398 ADDENDUM 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 COMPARABLE PR Borrower: Isfahan Inc Address: 420 W 21st St 243 of 398 TO ADDENDUM 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 COMPARABLE PR Borrower: Isfahan Inc Address: 420 W 21st St 244 of 398 TO ADDENDUM 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: $ Borrower: Isfahan Inc Address: 420 W 21st St 245 of 398 Fite 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 AC I software, 900.234.8727 www.aciweb.com PHT3 05212013 Borrower: Isfahan Inc Address: 420 W 21st St 246 of 398 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 ACI software, 800.234.8727 www.aciweb.com PHT3 05212013 Borrower: Isfahan Inc Address: 420 W 21st St 247 of 398 k File No.: 17-216 Attachment No. 3 Case No.: City: National City St: CA Zip: 91950-6513 Lender: N/A Bath Tankless Water Heater CO alarm & Smoke alarm Produced using ACI software, 800.234.8727 www.aciweb.com PHT3 05212013 Borrower: Isfahan Inc Address: 420 W 21st St 248 of 398 File 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 ACI software, 800.234.8727 www.aciweb.com PHT3 05212013 249 of 398 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.ingyacmn 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 27.00 825 250 of 398 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 M9-121-1213 0 LK Algial ill i 4) all illiil ,, 3 11.1 it 3. II NT E IRSTA.-tE Is J HARISOR DR 1 t--tLI ,.,,„ 711 I,' , ,,,,. , 0.0. L..: 1"-lwri.,4-,1 1 I gt•--i 1 . = f — —1 4.1-111 , - 1 f!-, t 1 3 r , D-L. ,..niw. • LF, 1 1" g —,,--, 1 , ..ri rA"--1--..i. , 1-, t r -.. ... 1 ',, i I IIN ,v tr tsCF), t — t IX, 1 it s, 3111 _• ;;,—ft.: z•-z1A if 4 a) iii 11 • i• I 4 : 1 4 ; 1' -IP i . u • , ,,. — .4 "7 . 111 71 pa - c.nr.. ,e .....15 . li VrlicV.)14 0 ri -.7tt — .-I 1• - • -,11—r--i I T . i . '''N 4y, --,,, \ 1 --. r...i ,I ICI 1,--0 ,_i! I 41 ' d. 6i• II. • •• -tt: .• t — _ _.. k Igt-i• t s- 6 \ 5 - ' I'll 1 1 1 Slialker . 11.15 Llim "I4112"''-,1. -I-•1.. 44.1.0.1.a 4.-- cif) '''' ` Pj t i-eARDING Lc .41E I .- 3ZI li. 0 :'' • 164 •;. 40 125 Z } _ U a M. x 1, z. ri ---4 42 PI -.1 1 i '' iJi . • .• , i 1 I I I ri. I 1 I i 1 I I - cr. rd. ] ' 1 J.k.1 p 7 i ,.1 1 % •t__I• ,:LFF I! -"'",..!..bilt • .1- -:, L 4 TF&T :1 " FY ti !•*- I : ..- • ' .• 11. I. Hill I..:.,)11 H 't:j II "-,..,,,•,_,. C. I L I. L 1.751 i ileJ "'" -n-L 1 • • I. • .I I ii '1:77-1 1 I I , s r lc •• r - i 1 6I ... r- cm -1- -I I 1 a fa a g itt 4 , i I1l i ' :1 I ric: 1 — , , • -it—L I, IA a . rm "MIDI_ IITLIE ti i ;' F• I; '7. 4 4 - '" , .fr '.4 : m • ... 61 t PZ I 7s ; — •,4 1 ... ti - !,i 251 of 398 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 " . 'GI. ........ w S r:91. 011 Eta t. -f• s.0 ,., Birch St Nordico AvE. N .441 " SI' .1. ',1) ',., ds%. 'CI ',o? 'a :-/ ."- • 'rr. .-_•-: ,,„ 9. 4 - tV 1-2, CA• .r.t - Vk ='• 7 st ,. --ilibst venth Sc Comparable Sale 2 cho ri no' s•-,',.;% -...- 1726 Harding Ave 14 vo . o ?, National City, CA91950 _ ..:...... c- 0.23 miles NW ci 5 0. cr.. •-..0 , ,,., ,-- '572.- --'-- -6, •-.. ,. •ia. r--4 -5.:e ...r. 7 .F. ° Nallonal 0 r..-1 r; • Sale 1 Ave CA 91950 NW ,, 4.? <c-'' 4, ea _.'Y 4. "..:, -p- ,,...- 7 to (t. ,0,63, 1-- City : --..- )2 L..- --- 0 Comparable 425 E National 0.65 , -r. .-....0 ... to ',..0- ..,,, sk. --r, ,..r, 411 17 '7 4. 15 (0 ''5 01 ri r- SI,V. .,:. , ''..i- , -F: 3 -. ,..c •.7.-.. E7 V,aT3 c 'I .... Sale 5 •C_. % 16th St -s3 City, CA 91951:1 , 0 ??. miles NE 7.* ea 7-7 'F• .ft! • '-'-t. ,,,..i5i. - ?.. '. b 94" 'C-- - a ,..• or, ,.- ....,/0 - 7. .Z ....- 7 cA r" -1044 4 SWeetWater UrliOn High School ,_ --10, j Ei.......i G) Ei 1 rt •,- Chula Vista DMV 0 ' S 05' 0 -- 4i..,S\ Lrk 's '-7-- tvlap data -C;201Google --r. 1 sy .co•`..-Th'. ,, ' - c.?... cov•••••___` , 4,,...k., l Comparable 1838 Wilson Sk National City, III' ;:0.17 miles ,..• ..,6.., 9. 11 1 .-.,,,,, 4, ,,,, 2.• 7 c.- '' ''' ,.. . tv •`:_.. ...;%1 ' ? `"2- t 1...., ,-_;• o (-:, -1,%%S" 4. •-P. 4 '0 " - 0 -, Comparable It l•-• 2034 National co 1 0.57 •:*.4 11N ,,s -4 1 v ,„.o 6: ? r,.,...,, 41- co Subject I 420 W 21st St National City, CA 91950-6513 4 ' - Sale 4 E Ave City, CA 91950 miles NE Comparable 516 E -7 z (t National 0.64 tr7.... - 6.- W3a( 9% th Sale 3 24th St City, CA 91950 miles NE - - z ,,,, ...L. %ANL- ,tiee' 'b• @ 3. sea Ni W• ' c-_,-L,2 r. cA- r..ASser tr,) -. ' ..t •.e. „ I' 1 • . 4.1s,2756 •.;1- Pepper Park : Google Para d se 1,1:111.f.2 v . 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 ol .--'". \- . - .7141., .. : .. _-- ' '- • ' . .- ' • :' , . " I N'... ,..A,, es, ...-,i . - zSlepheil > ,..Til... -.. 'Ode ...... .4x !, ',.,-t, '•:-11 kotigt 4.,X1 ,...4:., ., ••;?,015'..-1: i..,s ,ts,. ....,,, ..., t r - 7..r°2-4b ' tj e 'c' t,..it6ii.'' r , 1E1, ,.,Izi.L.LItlii:s I, Lihriirni.i iiilc! Hi. ,r1,-1.: 11.1-, ( L'I 111...J111 li I WO \ \I'I'lt 1 REAL ille; is. Iii:Lil ;CO \ I I_ 1 I'Z ilw thi:rclort:.. --Mi'll I,,: Hit _ lill',111C-,,,, I ; ,A molroylimi, \ t 1 ( ESTA , coidled II .ri. III I( ( -Ic.1,111.11.'1 ) F 10, 'Ai 1 _.1.11/1".`,..1 I. iNik!,IIILL,..: A III RI I"L: ,:: 1\. 41.._ Al_ APPRAISER .iii,,, rd..' Ow II 1, 16." 11.1C1j:1 'AM Ilia 1%1 A1111 I I__STATE NV. \ II._._''N 1:-+ I ilii,..,L-don-- lc: & Hancock .1 n.:rccrili.!1 11 I .... ,1I)1 °Iik I I r 1)11.: I ik11-1.`,11Pg ,I IIM-LI.11 ci'l i ,-;.: I :APPRAISERS !L'...1 OIL I .,1,111..- kz..--.1,_k",c;Lirpriliwr 16. I1,: LICENSE JI I ..Li.! ()1 I 1._ ;`., - I I 'lit t 1 ol kr11.1,-V11"-.5_1',. : .. ill It 1 2, 14 I., ;h.:: Sit c: it I . 11)16 , :11! ,••`. I i .: .. ,.. • ( • r. E..• . !eiiiF 1 r Z.: lotIDCULIPTT COMITICINSATKIlftiiiiimmoitt4 - noLD lar to Litze TO SEE 'coAIN LINK -_— -- - En0 CD cn 86E 10 g9 c .oN wewt.peTIV 253 of 398 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 WILMINGT{JN, DELA.WARE Aitiiiiiim rr{ I Iflirt,,g - 9u lice r Str!,:I.'&4-. 13, ih.sk,i, kl.su, u-4.-0.r 142r 10..#31 HI Certificate Number: a1631#4 IF2-0$ This Certificate forams a part of Blaster Policy Number: Renewal ofMaster Policy Number : 13193891876-03 0181891116412 YOUR RISK PURCHASING GROUP MASTER POLICY IS ACLAIMS MADE POLICY. READ THE ATTACHED MASTER POLICY CAREFULLY THE AMERICA . ACADEMY OF STATE CERTIFIED APPRAISERS S CERTIFICATE DECLARATIONS 1 Marne and Addresz of Ce-rtrfleate Holder Stephen 111i'_ liar -mock rirhta Hancock Appraisal Company 2358 University Avenue San Diego CA 2. Certificate Period:�21� fective Cale; OTl24J16 to Expiration Dale_ 07.(24117 12%01 a.rr Local rime al the 4drIrr_tsc .I'tie Irsnrt,p, 2a_ Retreaclive Date: 07124107 12:p1 a.rn Leal Tinsc. $4 the �,Jdrel , ur Ihn linurogl 3, Unlit or Lability 1,a00, each claim $ 1, ,DCr aggregate limit 4 Deductible: $Z,54:10 each claJrn 5, Professional Covered Services.11I?rerred by Ibis policy are: REAL, ESTATE APPRAISAL SERVICES 5. Advance Cenitireate Holder Premium. 1. Rlinirnirre Earned Premium_ 25'% or $ ?41 Forma and End'sirmcnuends_ IPR' 315(1 I luta) Real' Estate Appreiaers Frofe sslarral Liability' Declaraboris, PRO 3512 (lTh 12) Deal E date Appraisers PraFess:cetal Liability Coverage Forte, PRC 2078 (33d16) Atlkhn7dum to 1Me Daciaraliaris, S964A. i a31 E nom c ; clrorrEndorsement, 91222 (0273) die hder �U�, 11d477 (oar Pdhc}tlolde,r IWoticsr. Additional Ender- monis applicable to Ihis Certiflcaba only: Nene Agency I`arne and Addr s: '. IIITERCoRP, INC, ' 1435-P West Mahn Street Ephrata, PA 17522-1345 715 HEREBY UNDERSTOOD AND AGREED THl1T THE CERTIFICATE HOLDER AGREES SET FORTH IN THE ATTACHED MASTER POLICY, TO ALL TERMS MID CONDITIONS AS ICY, THIS POLICY IS ISSUED Sr YOUR RISK PURCHASING 1SMAY NOT BE SUBJECT TO P L OP THE URAINCE LAWS AND I;<EG�LILATIONS DP YOUR STATE STATE IH R4 CAE INNSOLVENCY GUARANTY FUNDS ARE NUT AILABLE FOR YOUR RISK PURCHASINr3 GROUP NYSURER. rl County: San Diego Authorized Representative OR Countersignature (in 9l t s where applicable) PRG 11. {7o d Dale July 19, 20'19 254 of 398 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 ACI software, 800.234.8727 www.aciweb.com USPAP_14NT 01062014 255 of 398 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 .. - J �, clit s 4 r 7• t - - 4 t y F 1 C-oo le .' ,�- it ail 5 . f .\ ` w� _ ,_-� ►y -sr, ; 1 �. y l yy ate: •� ' a ..� Ati , I M1 I •.� r' �I ! Wit, ~: co t'% I . Subject 420W21stSt National City, CA 91950-6513 y' ., t F - :I Imo+M►'ryyl' r � ` � f yr; • ' II C • y i • _� '-`ta1F 1 4 . 4 • .. i• � �r Fey: .Fj A 'iffy:■�j,,, o �I x" .1. I _ M1 , 4‘ , �f'.,,, .4' , } 1" 'S r,lap data ©2017 Goggle Imagery ©2017 _ 256 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 256 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended May 31, 2017. (Finance) CITY OF NATIC 257 of 398 ', CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 ITEM TITLE: Investment transactions for the month ended May 31, 2017. AGENDA ITEM NO.: PREPARED BY: Ronald Gutlay DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: LW0t4d ,J 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:. 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 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 Purchase 05/31/2017 912828Q78 500,000.00 Subtotal Security 05/09/2017 90LAIF$00 Contribution Security 05/30/2017 90LAIF$00 Contribution Security 05/31/2017 90SDCP$00 Contribution Subtotal Short Sale 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 1,032,145.52 1,026,795.63 579.14 1,027,374.77 1,800,000.00 Local Agency Investment Fund State Pool 1.000 1,800,000.00 0.00 1,800,000.00 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 86E 10 89z 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 0.00 495,229.25 0.00 495,229.25 0.00 495,229.25 0.00 100.000 500,000.00 0.00 500,000.00 3,709.26 500,000.00 0.00 500,000.00 3,709.26 1,679.65 Federated Investors Govt Oblig Fund Inst. 1.000 1,679.65 0.00 1,679.65 0.00 1,679.65 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 Interest 05/01/2017 3137EADR7 455,000.00 FHLMC Note 0.000 3,128.13 0.00 3,128.13 1.375% Due 5/1/2020 Interest 05/03/2017 594918BF0 130,000.00 Microsoft Note 0.000 845.00 0.00 845.00 1.3% Due 11/3/2018 Interest 05/06/2017 037833AQ3 270,000.00 Apple Inc Note 0.000 2,835.00 0.00 2,835.00 2.1% Due 5/6/2019 Interest 05/11/2017 3133EEJ50 450,000.00 FFCB Note 0.000 2,317.50 0.00 2,317.50 0.00 1.03% Due 5/11/2018 Interest 05/20/2017 36962G6K5 270,000.00 General Electric Capital Corp Note 0.000 2,160.00 0.00 2,160.00 0.00 1.6% Due 11/20/2017 Interest 05/20/2017 747525AG8 220,000.00 Qualcomm Inc Note 0.000 1,540.00 0.00 1,540.00 0.00 1.4% Due 5/18/2018 Interest 05/21/2017 3135G0WJ8 450,000.00 FNMA Note 0.000 1,968.75 0.00 1,968.75 0.00 0.875% Due 5/21/2018 Interest 05/27/2017 3135G0YT4 440,000.00 FNMA Note 0.000 3,575.00 0.00 3,575.00 0.00 1.625% Due 11/27/2018 Interest 05/29/2017 3130AABG2 565,000.00 FHLB Note 0.000 5,267.45 0.00 5,267.45 0.00 1.875% Due 11/29/2021 Interest 05/31/2017 912828M98 570,000.00 US Treasury Note 0.000 4,631.25 0.00 4,631.25 0.00 1.625% Due 11/30/2020 Interest 05/31/2017 912828SY7 500,000.00 US Treasury Note 0.000 1,562.50 0.00 1,562.50 0.00 0.625% Due 5/31/2017 86E 10 6S 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 86E 10 09z Chandler Asset Management - CONFIDENTIAL Page 8 Execution Time: 6/20/2017 10:06:56 AM 261 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 261 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) CITY OF NATI 262 of 398 1Y, 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. Apalategui DEPARTMENT: nce PHONE: 619-336-4572 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. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #47 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 WARRANT REGISTER #47 5/23/2017 pESC RI PTION. TRAINING ADV SUB /ROT TRAINING / PD 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 / CSD AT&T WIRELESS/MARCH 2017 BINOCULARS / INVESTIGATION PD SAFETY SUPPLIES FOR STREETS CREW LABOR - LIFT EQUIPMENT FUNCTION / PW T&P90183 REFUND PROFESSIONAL SERVICES / HR CACEO SEMINAR REGISTRATION f 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 f 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 f 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 12VOLT BATTERY /PW KAISER RETIREE INS / COBRA / APRIL 2017 PLAY FOOD / COMMUNITY PLAY TOYS / CSD MOP #45725fPRINTER TONER & REPAIR/MIS STORAGE BOX FOR FLEET DIVISION 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 5/23117 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 329026 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 5/23/17 564.54 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 264 of 398 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 / COUNCIL 1 SOTELO-SOLIS 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 #61744/COMPUTER 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 2/3 CHK 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 5123/17 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 5123/17 5,607.36 329072 5/23/17 84.29 329073 5/23/1756.50 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 26.4.00 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 WIRED PAYMENTS EDD PUBLIC EMP RETIREMENT SYSTEM UNEMPLOYMENT INS 01 /01 /17 - 3/31 /17 SERVICE PERIOD 04/25/17 - 05/08/17 915929 5/19/17 7,537.00 5182017 5/18/17 417,997.92 411^1t, 265 of 398 ,f c=7?icintvcia'svprP WARRANT REGISTER #47 5/23/2017 PAYEE DESCRIPTION PAYROLL Pay period Start Date End Date Check Date 11 5/9/2017 5/22/2017 5131 /2017 3/3 CHK NO DATE AMOUNT 999.913.94 GRAND TOTAL $ 1,710,351.94 266 of 398 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF TIIE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTIIER. THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS RRQUIRED BY LAW. MARK ROBERTS, INAN CC 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 TIIE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE Ix` OF AUGUST, 2017. AYES NAYS ABSENT 267 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 267 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) CITY OF NATI COUNCIL 268 of 398 CALIFORNIA TATEM ENT 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. Apalateguq DEPARTMENT: PHONE: ;619-336-4572 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. 46 APPROVED BY: 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: ACCOUNT NO. Warrant total $2,071,450.07. APPROVED: 11,11/e 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 $2,071,450.07.1 BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #48 PAYEE THOMAS BIKE 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 CATSE DATA CABLES / MIS CRAFT SUPPLIES FOR AQUATIC ADVENTURES ENTERPRISE FLEET VEHICLE LEASE UPG VEEAM BACKUP / MIS EQUIFAX INFORMATION SERVICES 1f3 CHI( 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 5/30117 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 11,606.00 329145 5/30/17 51.95 PAYEE ESPIRITU, D EXPERIAN FIATOA JR, F GOVCONNECTION INC GRAINGER GRAINGER 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 MCKAYAND 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 / 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 / TIRE 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 /COUNC[L 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 Jr POLICE VOIP PHONE SYSTEM PROJECT / MIS JANITORIAL SUPPLIES / NUTRITION HEARTLAND SVC, GPS INTEGRATION-CF31 1 MIS AMR SCHOLARSHIP / FIRE FITNESS EQUIPMENT FOR CASAAND 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 / 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 LODG AXON / PD WASTEWATER - GAS & ELECTRIC UTILITIES 2/3 CHK NO PATE 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 PA 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 USBANK U S HEALTHWORKS ULINE UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES VELARDE SALES VERIZON WIRELESS VISION INTERNET PROVIDERS VISTA PAINT WEST PAYMENT CENTER WESTERN AUDIO 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 - 540 E PLAZA BLVD FOOD / NUTRITION CENTER ADMIN FEE PERIOD 5/1/17-4/30/18/ 1999TAB TRAINING TUITION WELLNESS / MACHADO / PD FLAG BOX / 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 2417 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 OTR 4/01/17 - 6/30/17 3/3 CHK NO PATE AMOUNT 329195 5/34/17 1,514.88 329196 5/30/17 487.07 329197 5130/17 354.45 329198 5/30/17 570.24 329199 5/30/17 264,28 329240 5/30/17 153.25 329201 5/30/17 147.90 329242 5/30/17 64,209.55 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 329214 5/30/17 20.00 329211 5/30/17 1,499.04 329212 5/30/17 237.45 329213 5/30/17 27.54 329214 5/30/17 3,943.85 329215 5/30/17 2,215.44 329216 5/30/17 106.40 329217 5/30/17 43.14 329218 5130/17 150,53 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 5/30/17 908.44 329224 5130/17 1,264.49 329225 5/30/17 398.15 329227 5/30/17 238.02 329228 5/30/17 73.04 329229 5/30/17 12,655.64 329230 5/30/17 14, 700.00 329231 5/30/17 839.52 329232 5/30117 1,113.47 329233 5/30/17 600.40 329234 5/30/17 4,672.54 329235 5/30/17 2,036.39 329236 5/30/17 290.43 329237 5/30/17 54.40 AMP Total 623,513.07 231006 5/30/17 1,447,937.00 GRAND TOTAL $2,071,450.07 272 of 398 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 13Y LAW. LESLIE DEESE, CITY MANAGER FI�V ANCE 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 154 OF AUGUST, 2017. AYES NAYS ABSENT 273 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 273 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) CITY OF NATI 274 of 398 COUNCIL A CALIFORNIA 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: 619-336-4572 DEPARTMENT: Fi nce APPROVED BY: EXPLANATION: 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 77,049.80 Euclid Avenue Project Kimley Horn and Assoc Inc 329290 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $2,353,463.63. APPROVED:/.%.a. 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 1/3 WARRANT REGISTER #49 6/6/2017 PAYEE DE CRIPTION C1111.___UM DATE AMOUNT ACEDO, I RETIREE HEALTH BENEFITS / JUNE 2017 329238 6/6117 160.00 AFFORDABLE BUTTONS COM 1 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 1 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 1 JUNE 2017 329247 6/6/17 260.00 BULL, P RETIREE HEALTH BENEFITS 1 JUNE 2017 329248 6/6/17 580.00 C A P F FIRE LTD / JUNE 2017 329249 616/17 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 1 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 8/6/17 486.64 CWEA MEMBERSHIP ANNUAL MEMBERSHIP RENEWAL / PW 329257 6/6/17 83.00 DANESHFAR, Z RETIREE HEALTH BENEFITS / JUNE 2017 329258 6/6117 250.00 DELTA DENTAL DENTAL INS PREMIER / JUNE 2017 329259 6/6/17 16,206.92 DELTA DENTAL INSURANCE CO PMI DENTAL INS / JUNE 2017 329260 6/6/17 2,800.38 LESROCHERS, 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 6/0117 250.00 EISER III, G RETIREE HEALTH BENEFITS / JUNE 2017 329265 6/6/17 250.00 FABINSKI, ID RETIREE HEALTH BENEFITS / JUNE 2017 329266 6/6/17 22900 FIFIELD, K RETIREE HEALTH BENEFITS/JUNE 2017 329267 6/6117 540,00 GARCIA, B MEDIC FEE REIMBURSEMENT 329268 6/6117 56.50 GELSKEY, K RETIREE HEALTH BENEFITS/JUNE 2017 329269 6017 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 1 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 616/17 120.00 HEALTH NET FULL NETWORK 57135A / JUNE 2017 329275 616/17 4,608.81 HEALTH NET HEALTH NET INS N7176F /JUNE 2017 329276 616/17 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 616/17 400,00 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 6/6117 50.00 KAISER FOUNDATION HEALTH PLANS INS ACTIVE / JUNE 2017 329286 6/6/17 183,432.50 276 of 398 y fMcl. •'" C+' w ■ v ,&ti4,4.4 2/3 PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KIMLLE, 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 Ti WARRANT REGISTER #49 6/6/2017 DESCRIPTION RETIREES INS / JUNE 2017 HD I -I S A INS / JUNE 2017 RETIREE HEALTH BENEFITS 1 JUNE 2017 EUCLID AVENUE PROJECT NC DOWNTOWN SPECIFIC P. PROJECT RETIREE HEALTH BENEFITS 1 JUNE 2017 RETIREE HEALTH BENEFITS 1 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 1 JUNE 2017 RETIREE HEALTH BENEFITS 1 JUNE 2017 RETIREE HEALTH BENEFITS 1 JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS 1 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 1 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 1 JUNE 2017 MOP# 77816. SUPPLIES COMM SVC DAY/ NSD RETIREE HEALTH BENEFITS 1 JUNE 2017 RETIREE HEALTH BENEFITS 1 JUNE 2017 TRAINING REIM HUMAN TRAFFICKING/STANICH MOP# 45704. OFFICE SUPPLIES 1 NSD RETIREE HEALTH BENEFITS / JUNE 2017 RETIREE HEALTH BENEFITS / JUNE 2017 LIFE & AD&D, STD, LTD INS / JUNE 2017 RETIREE HEALTH BENEFITS 1 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 1 WILLYS PD LEGAL SERVICES - CARMAX GENERATOR FOR ST. #33 / FIRE LEGAL SERVICES - TOD HOUSING WILSON UNIFORM / POLICE CHK NO PATE AMOUNT 329287 6/6/17 7,296.40 329288 6/6/17 4,189.88 329289 6/6/17 300.00 329290 6/8/17 77,049.80 329291 616117 29,433.75 329292 6/6/17 155.00 329293 6/6/17 160.00 329294 6/6/17 375.00 329295 6/6117 100.00 329296 6/6/17 280.00 329297 6/6/17 105.00 329298 6/6/17 580.00 329299 6/0/17 140.00 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 6/6117 190,00 329310 6/6/17 3,191.57 329311 6/6117 135.00 329312 6/6/17 310.00 329313 6/6117 710.00 329314 6/6117 200.00 329315 616/17 340.00 329316 6/6/17 6,024.89 329317 6/6/17 300.00 329318 616/17 320.00 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 6/8/17 1,292.50 329333 6/6117 15,957.34 329334 616117 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 VCA 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 CACEO INVESTIGATIVE REPORT WRITING CLASS MOP#45698 PLUMBING SUPPLIES / PW MOP#80331 AUTO SUPPLIES / FI EFT 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 20171 POLICE HAINES DIRECTORIES CITY WIDE JANITORIAL SUPPLIES / PW MOP#45729 LANDSCAPE SUPPLIES / PW MOP#75943 AUTO SUPPLIES 1 FLEET PW MOP#66556 BUILDING SUPPLIES f PW REIMB: NCPOA FOR 1/2 CENTURIAN AWARD MOP#75877 AUTO MAINTENANCE / PW R&M CITY VEHICLES FOR FY 2017 MOP#45703 AUTO SUPPLIES / FLEET MOP#67639 AUTO SUPPLIES / FLEET MOP#45707 BUILDING SUPPLIES & EQUIPMENT MOP# 45742 LAUNDRY SERVICES 1 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 f 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 W/TACT - J. FLORES-CLARK BIKE RODEO ON MAY 27, 2017 / ENGINEERING Start Date End Date 5/31 /2017 6/6/2017 End Date Check Date 8/5/2017 6114/2017 3/3 CHK NO DATE At OU.tNT 329336 6/6/17 149.47 329337 6/6/17 662.99 329338 6/6/17 445.18 329339 6/6117 116.90 329340 6/6117 75.00 329341 6/6117 215.37 329342 6/6/17 45.51 329343 6/6/17 1,821.44 329344 13/6/17 6.00 329346 6/6/17 6,500.00 329346 6/6/17 516.13 329347 6/6/17 267.48 329348 6/6/17 2,587.66 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 6/6117 1,190.50 329354 616/17 244.69 329355 616/17 292.50 329356 6/6/17 62.07 329357 6/6/17 666.31 32935E 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 6/6117 153.27 329370 6/6/17 1,185.89 329371 616/17 505.57 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 616117 650.00 A/P Total 511,951.88 858,684.77 982,827.20 GRAND TOTAL $ 2,353,463.63 278 of 398 Certification IN ACCORDANCE WITH SEUI'ION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LIS7"ED 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. ite44,641 MARK ROBER F AN E a 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 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 10 OF AUGUST, 2017. AYES NAYS ABSENT 279 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 279 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) CITY OF NATI 280 of 398 1, 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 $151,687.83. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: Finance PHONE: 619-336-4572 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: MIS STAFF RECOMMENDATION: Ratify warrants totaling $151,587.83. BOARD I COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #50 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 CELL/COMP SUPPLIES VEHICLE CHARGER N.C. ALLEY DESIGN PROJECT WINDSHIELD/TINT GAME COURT TILES / CSD CACEO MEMBERSHIP RENEWAL/ 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 / 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 WIRELESS MAY 2017 112 CHK NO DATE AMOUNT 329377 6/13/17 52.20 329378 6/13/17 837.72 329379 6113/17 243.80 32938D 6/13/17 229.01 329381 6/13/17 11, 347.38 329382 6/13/17 476.66 329383 6/13/17 3,837.00 329384 6/13/17 85.00 329385 6/13/17 4,071.74 329386 6/13117 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 6/13117 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 6/13117 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 DHK NO DATE AMOUNT VORTEX INDUSTRIES INC REPLACEMENT AND INSTALLATION OF DOORS 329428 6113/17 23,894.30 WILLY'S ELECTRONIC SUPPLY MOP #457631ELECTRONIC SUPPLIES/MIS 329429 6113/17 97.85 MP Total 151,587.83 GRAND TOTAL $ 161,587.83 283 of 398 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 TERRY CANO, MEMBER 1 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't OF AUGUST, 2017. AYES NAYS ABSENT 284 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 284 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) CITY OF NAW COUNCIL CALIFORNIA TATEM ENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. 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 DEPARTMENT: F' APPROVED BY: EXPLANATION: 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 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 ASS' 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,LAURA CEB CHELIUS, A CIRCULATE SAN DIEGO COLANTUONO HIGHSMITH COUNTY OF SAN DIEGO COUNTYWIDE MECHANICAL COX COMMUNICATIONS CPP PRINTING 1/4 WARRANT REGISTER #51 6/20/2017 DESCRIPTION CHIC NO DATE AMOUNT SECURITY GUARD SERVICES 1 LIBRARY 329430 6/20/1( 3,149.18 BOOKS / LIBRARY 329431 6/20117 3,568.46 BOOKS 1 LIBRARY 329432 6/20/17 4.032.75 AZULLE ACCESS PLUS HDMI WINDOWS PC 329433 6/20/17 484.10 REIMB / SUPPLIES FOR VOLUNTEER NIGHT 1 LIBRARY 329434 6/20/17 95.17 BOOKS / LIBRARY 329435 6/20/17 584.07 SHIPPING CHARGES / LIBRARY 329436 6/20/17 307.66 REGISTRATION/ TUTOR CONFERENCE f LIBRARY 329437 6/20/17 420.00 DVD'S / LIBRARY 329438 6120/17 335.74 MILEAGE REIMB f READ SD TUTOR CONFERENCE 329439 6/20/17 11.98 MATERIAL FOR TUTORS / LIBRARY 329440 6/20117 155.18 DIGITAL DISPLAY - EP5520T 55IN DLED 329441 6/20/17 3,120.98 REIMBURSEMENT FOR LIBRARY MATERIALS 329442 6/20/17 220.29 MOP #45756 - SUPPLIES FOR LIBRARY 329443 6/20/17 81.13 MOP 457504. OFFICE SUPPLIES / LIBRARY 329444 6/20/17 398.08 POSTAGE FOR OVERDUE NOTICES / LIBRARY 329445 6/20/17 98.00 BOOKS FOR THE LITERACY COLLECTION 329446 6/20/17 275.56 CONFLICT RESOLUTION TRAINING / NSD 329447 6/20/17 198.00 DISSOLVE- SEWER AND LIFT STATION CLEANER/ PW 329448 6/20/17 376.00 BIKE RACKS PROJECTS 329449 6/20/17 22,748,83 REIM: SUPPLIES FOR ARO TRUCK / PD 329450 6/20/17 92.16 MOP 45714 TOOL / HOUSING INSPECTION PROGRAM 329451 6/20/17 331.62 FOOD / NUTRITION CENTER 329452 6/20/17 1,834.52 PUB ED STICKERS / FIRE 329453 6/20/17 498.51 EXPENSE REIMB / HOMELESS PROJECT MAY / NSD 329454 6/20/17 8,939.65 PROFESSIONAL SERVICES / BILINGUAL TEST / HR 329455 6/20/17 120.00 PURCHASE OF BACKFLOWS & VALVES / PD 329456 6/20/17 85.02 REPAIRS AND MAINTENANCE ON ELECTRIC DOORS 329457 6/20/17 3,300.00 AT&T SBC ANNUAL PHONE SERVICE / MAY 2017 329458 6/20/17 6,845.50 AT&T SBC ANNUAL PHONE SERVICE / MAY 2017 329459 6/20/17 352.85 AT & T WIRELESS SERVICE / MAY 2017 329460 6/20/17 470.54 DIGITAL CAMERA AND ACCESSORIES / CSD 329461 6/20/17 168.79 DATA IMPORT / MIS 329402 6/20/17 70.00 MOP 67727 BLACKIESINAME TAGS/PD 329463 6/20/17 60.62 MOP# 64096. BOOTS FOR STAFF / NSD 329464 6120/17 125.00 OPEN ACCESS METAL GRAY LOCKERS / FIRE 329465 6/20/17 2,137.94 2017 NISSAN MAXIMA 329466 6/20/17 34,075.61 CACEO ANNUAL SEMINAR / NSD 329467 6/20/17 384.00 CACEO ACADEMY COURSE / NSD 329468 6/20/17 375.00 MOP# 45698 BUILDING SUPPLIES / PW 329469 6/20117 15.05 TRANSLATION SERVICES / COUNCIL 6/06/17 329470 6/20/17 425.00 BOOKS 1 CITY ATTORNEY 329471 6120/17 479.33 TRAINING REIMB SUPERVISORY/CHELIUS / PD 329472 6/20/17 212.68 ACTIVE TRANSPORTATION PROJECT 329473 6/20/17 8,866.52 PROFESSIONAL SERVICE 329474 6/20/17 262.50 REGIONAL COMMUNICATIONS SYSTEM MAY 2017 329475 6/20/17 8,250.00 CITY WIDE PLUMBING AND BACKFLOW 329476 6/20/17 6,021.48 COX CABLE SERVICES MAY 2017 329477 6/20/17 384.00 HISTORIC WHITE RETURN ADDRESS ENVELOPES 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 O 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'RE I LLY AUTO PARTS PACIFIC AUTO REPAIR RirOarowirrisp WARRANT REGISTER 451 6/20/2017 PESCRIPTION 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 3131166 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 FOR TH 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 AUTO SUPPLIES / FLEET PW MOP#72448 AUTO MAINTENANCE/ 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 6120/17 167.10 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 5,327.76 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 6/20/17 275.00 288 of 398 � s 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 SHERIFFS 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 S I LVA, L 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 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 / PW KNIFESHARPENING 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 1 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 1 CITY ATTORNEY USER FEE STUDY COMPUTER WIRELESS PERIPHERALS CHK NO DATE AMOUNT 329528 6/20/17 78.00 329529 6/20/17 296.77 329530 6/2D/17 221.93 329531 6/20/17 1,008.48 329532 6/20/17 148.50 329533 6/20/17 253.40 329034 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 6/20/17 186.37 289 of 398 4/4 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 N • 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 - 06105/17 Start Date End Date 6/14/2017 6/20/2017 End Date Check Date 6/19/2017 6118/2017 CHK NO DATE AMOUNT 329576 6/20/17 55.30 69705 106788 946521 6142017 A/P Total 434,043.48 6/20/17 103,604.45 6/14/17 27.321.31 6/16/17 507.00 6/14/17 424,612.18 8,166.84 295,462.97 GRAND TOTAL $ 1,993,718.19 290 of 398 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 CLAIMMS AND DEMANDS HAVE BEEN .AIIDITED AS REQUIRED BY LAW. MARK ROBERT , 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 14 OF AUGUST, 2017. AYES NAYS ABSENT 291 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 291 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) CITY OF NATI 292 of 398 y CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Warrant Register #52 for the period of 06121/17 through 06/27/17 in the amount of $762,526.43. (Finance) PREPARED BY: K. Apalategui DEPARTMENT: F: PHONE: 619-336-4572 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 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Warrant Register #52 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 1/2 uG,c>f E P RaT WARRANT REGISTER #52 6/27/2017 DESCRIPTION CHK NO DATE AMOUNT REPAIR HOOD PANEL 1 FLEET PW 329577 6/22/17 2,407.08 PLANETBIDS SUBSCRIPTION 329578 6/27/17 4,110.98 2017 EXPLORER ACADEMY ENROLLMENT / PD 329579 6/27/17 9,1)00.00 CARPET FOR NC STAGE / CSD 329580 6/27/17 851.51 REIMB. OVERNIGHT FEDEX SVCS 329581 6/27/17 92.00 JACKETS AND FLASHLIGHT 1 NSD 329582 6/27/17 446.07 NGUYEN SWAT UNIFORM / PD 329583 6/27/17 317.83 MEDICAL SERVICES 329584 6/27/17 1,750.00 EXP REIMB ALPHA HOMELESS PROJECT/ JANUARY 329585 6/27/17 11,056.35 AT&T PHONES MAY 2017 329586 6/27/17 8,488.03 PLAZA BLVD. WIDENING, N AVE PROJECT 329587 6/27/17 7,518.28 BELT REPLACEMENT FOR AC UNITS / PW 329588 6/27/17 319.00 LIABILITY CLAIM COST 329589 6/27/17 88.50 MUSIC PERFORMANCE / 06/01/17-05/31/18 329590 6/27/17 612.00 MOP# 64096 SAFETY SUPPLIES / PARKS DIVISION 329591 6/27/17 125.00 CACEO SUBSTANDARD COURSE / NSD 329592 6/27/17 75.00 REPLACEMENT BENEFITS CONTRIBUTION 329593 6/27/17 64.71 CHILD ABUSE EXAMS / PD 329594 6/27/17 456.00 MOP#80331 AUTO SUPPLIES / FLEET PW 329596 6/27/17 500.09 ARTS BUILDING ROOF REPLACEMENT PROJECT 329597 6/27/17 43,652.97 PARADISE CREEK PROJECT 329598 6/27/17 114,567.88 MEMBERSHIP FOR JORGE PENA 329599 6/27/17 184.00 PROFESSIONAL SERVICES - MAY 329600 6/27/17 3,360.00 LIABILITY CLAIM COST 329601 6/27/17 8,201.52 LIABILITY CLAIM COST 329602 6/27/17 4,625.55 LIABILITY CLAIM COST 329603 6/27/17 1,524.80 MOP#76986 AUTO SUPPLIES / FLEET PW 329604 6/27/17 468.83 DATA TICKET APPEALS & ON-LINE ACCESS / NSD 329605 6/27/17 2,812.53 FINGERPRINTING OF APPLICANTS / PD 329606 6/27/17 192.00 PLAZA BLVD. WIDENING / N AVE PROJECT 329607 6/27/17 142,847.33 ARMORED SERVICES / FINANCE 329608 6/27/17 246.62 EDUCATIONAL REIMBURSEMENT / PD 329609 6/27/17 1,625.00 2020 HOOVER UST PROJECT 329610 6/27/17 5,115.00 MOP#45723 AUTO SUPPLIES / FLEET PW 329811 6/27/17 510.35 HAND DRYER FOR PARK RESTROOM 329612 6/27/17 2,666.55 MISC. SEWER PROJECT 329613 6/27/17 2,185,00 EUCLID AVENUE PROJECT 329614 6/27/17 66,984.98 POLICE DEPT. BUILDING IMP. PROJECT 329615 6/27/17 50,000.00 NC INVENTORY STUDY PROJECT 329616 6/27/17 1,030.00 MOP #45725/PRINTER SUPPLIES/MIS 329617 6/27/17 1,281.51 EDUCATION REIMBURSEMENT 329618 6/27/17 240.00 EDUCATIONAL REIMBURSEMENT / PD 329619 6/27/17 213.00 POLO SHIRTS FOR STAFF / NSD 329620 6/27/17 337.74 POLO SHIRTS FOR STAFF / NSD 329621 6/27/17 69.28 LIABILITY CLAIM COST 329622 6/27/17 1,939.23 MOP#75943 AUTO PARTS / FLEET PW 329623 6/27/17 363.73 TOGETHER WE CAN MATERIALS 329624 6/27/17 2,370.27 LANDSCAPE MAINTENANCE DISTRICT - NBS 329625 6/27/17 985.00 REIMB FOR RESERVE OFFICER AWARDS 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 294 of 398 ate'+- WARRANT REGISTER #52 6/27/2017 2/2 DESCRIPTION cHK NO DATE AMOUNT LEGAL SERVICES - TOD HOUSING 329627 6/27/17 702.50 MOP#75877 AUTO PARTS / FLEET PW 329628 6/27/17 5.05 DIVISION ST. TRAFFIC C. PROJECT 329620 6/27/17 326,884.94 MOP#75943 AUTO PARTS / FLEET PW 329630 6/27/17 221.99 18TH STREET BICYCLE ENH. PROJECT 329631 6/27/17 156,472.24 BATTERIES FOR TOUGH BOOKS 329632 6/27/17 358.88 4TH QUARTER PORAC DUES 329633 6/27/17 71.50 MOP#49078 AUTO PARTS / FLEET PW 329634 6/27/17 236.15 MOP# 45707 BUILDING SUPPLIES / PW 329635 6/27/17 38.14 SEWER LINE REPLC. PROJECT 329636 6127/17 107,927.66 MOP# 45742 LAUNDRY SERVICES / PW 329637 6/27/17 177.89 HAZARDOUS WASTE AT PO 329638 6/27/17 868.00 PRC T1709 ECON DEV TAINTING / HOUSING AND 329639 6/27/17 190.00 MOP#80333 AUTO PARIS / FLEET PW 329640 6/27/17 175.20 TUITION BASIC TC INV/SCANLON / PD 329641 6/27/17 69.00 MOP SD PET SUPPLY / PD 329642 6/27/17 571.97 LAYOUT, EDITING & DISTRIBUTION OF NC NEWS 329643 6/27/17 600.00 FORENSIC SERVICES ANNUAL PAYMENT FY 17 329644 6/27/17 12,000.00 MONTHLY TRUST ACCOUNTING CHARGES 329645 6/27/17 404.10 SD COUNTY POLICE CHIEFS AND SHERIFFS ASSOC 329646 6/27/17 350.00 MONTHLY SHREDDING SERVICE 329647 6/27/17 187.95 MOP# 45720 HORTICULTURAL ITEMS / PW 329648 6/27/17 163.24 MOP SMART AND FINAL #0347017 329649 6/27/17 272.15 POLICE PRESENTATION FOLDERS 329650 6/27/17 1,347.77 SNAP SCANNERS NET RMS / POLICE 329651 6/27/17 4,921.33 EDUCATION REIMBURSEMENT 329652 6/27/17 170,00 EMPLOYEE PEER SUPPORT MAY 2017 329653 6/27/17 800.00 CREDIT CARD EXPENSES / HR 329654 6/27/17 1,272.68 STRAY ANIMAL PET CARE / PD 329655 6/27/17 1,010.17 BACKGROUND INFORMATION / MAY 2017 329856 6/27/17 585.00 MOP# 45763 ELECTRICAL SUPPLIES / PW 329657 6/27/17 82.67 GASB 68 REPORTING SERVICES FEE A/P Total 757,528.43 6222017 6/22/17 5,000.00 GRAND TOTAL $ 762,526.43 295 of 398 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF TIIE DEMANDS LISTED ABOVE AND TO TI-IE AVAILABILJTY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. 1f MARK ROGER , 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 1 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 1t OF AUGUST, 2017. AYES NAYS ABSENT 296 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 296 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) CITY OF NATI 297 of 398 Y, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: August 1, 20171 AGENDA ITEM NO, ITEM TITLE: 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 SCj PREPARED BY: !Martin Reeder, AICFj PHONE: 1619-336-4313 DEPARTMENT: 1Plannin. 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. FINANOJAI STATEMFNT. ACCOUNT NO. A P_PR_OVED: tiPPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. street and aiiey vacation do not result in any changes in land usea ORDINANCE: INTRODUCTION: r 1 FINAL ADOPTION: Finance MIS The STAFF RECOMMENDATION: Staff concurs with the Planning Commission determination and recommends approval of the street vacation BOARD / COMMISSION RECOMMENDATION: rihe Planning Commission determined the Street Vacation request complies with the General Plan. Vote: Ayes — Baca, Flores, Garcia, Sendt, Quintero, Yamane Noes: DelaPaz1 ATTACHMENTS: 1. 2. 3. 4. Background report Recommended finding & conditions Overhead/site photos 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 noticei 298 of 398 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 1 299 of 398 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: 2 300 of 398 • 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 3 301 of 398 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. 4 302 of 398 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 2 303 of 398 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. 6 304 of 398 2017-04 SC —16th & "M" -- Overhead N3ticina Services ATTACHMENT 3 7 Site Photos — 2017-04 305 of 398 16th & "M" — Street Vacation Looking north from East 16th Street Looking northwest from East 16th Street ro 306 of 398 "I 'M' AVE & 1 6TH ST PROJECT CONCEPTUAL SITE DEVELOPMENT LAYOUT NATIONAL CITY, CA a S IrC9rw 9*IY ,< _ dew°.i :: • ist, Aloie i 4MK.w'.N�E.AAL tlY! �: ._.l m "��•.x1 .'A' N!LL• �10'y'L� ^:.N :..N .'J trav R: 50, . .. • m+v. .. 10N OCIAW„ RROY:leR AVENUE . MINT: A- CME FILE Rom4 20/7 -o'f cl �,-c (me y_Awitn7 20 10 0 SIVAo• 00 40 e0 SCALE T SCOPE OF WORK PIEIYNWX &IE 0E0L0nlI.IT M.N LEGAL: SUIOMEIONNAP 15223 101211HRU9 PRO rigikDDRESS: MASONS CRY, CAMCOa APN: 557.552.171112U 25 OWNER: WIVE MN ORM. IC PO MOM MOOD COMM O32-7564762 PROJECT INFORMATION: IAIm SORIRE O TOTAL ACREAGE MOMS ROAD VACATION} TOTAL of UNIT NEAT N NAYATESIM6O GI SM AtGU®: 79 UNIS X605F ARMOMO i IAbIXfMEMM: NARDICVEAPEN • SITE DEVELOPMENT PLAN SCAIE:Th*20'.0` POROMOR 990640 X9005P PROMM 9lro9tlRWryliRMTAIF,L R1NOISAREA FON* ZOI'ODNACfENA 100910 2Oi0NOI PSOl01 OINEW PI EXSENOO V ER J PI Pfp tl6VER11 POW: MA& 1.726G/7050451. 02l0 IMAM S.F. 2P MATS 196AMX. 7950 S.P.110.716 R92 FPIdt MALY W610EN70o Rtl RAMTI A ROMBOENI4O IMMEEa1W.l-0UKIyK RESIDENTIAL 9.23 UNlVAC _VICINITY MAP NOTTO Sre1F AN. wont:E s OM AVOW! • SMIPLAN �tPTIJAL PLAN AO ArsTairrmawour ATTACHMENT 4 307 of 398 • , �f ") _, • PLAN OF CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) t` """_t,+ — _ — �, -�' ,. — ELLSO um. g- AVENUE 1 2 l' _ , n.o 'iwWinggaiii1 V CITY OF NATIONAL CITY NATIONAL SCHOOL DISTRICT — &-- VICINITY MAP r W b5- cL "'" SL an?•m 70 10 0 20 40 60 SCALE 18 FEET SCALE: 1' • Ptl SITE DEVELOPMENT PLAN 308 of 398 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 60 711 0 PAPRE HON Y 317 VAGIVON so' PAD&WATC 11.4116PADBEV a 111-1 I-IIH Ei1S7LM9 DRAINAGE E SWy • -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 ..----L444/T 0 EAIS17IsG SCHOOL DIRRICT PROPERIY 80 70 96' Siom DRAIN SEW& 0+150 50 309 of 398 90 CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) AND ASSOCIATED IMPROVEMENTS LWYTOFDUSTING DE EOPMm'VTSITE AIME eon A4013EYATION 1Iri��IEll1III--IIHII Ip „x„, 80 -1 I h .1 1— 1--1 111 L =III-� G -'- �11II-- PROPOSED 70 —III RAINING '' Wall 1 I ICI . . —'1I7��rT 60 50 0 EXISTING DRAINAGE SWAIE 0+50 ROADWAY 90' 0+100 SECTION 2-2 VACATION 30' 2:•1 SLOPE HORIZONTAL 1'=10' VERTICAL 1•=4' RETAINING WAIL PR WISH GRADE PR. 26' STORM AWN E% SEWER 90 1! OF EXISTING SCH001 DISTRICT PROPERTY 0+150 80 70 60 50 310 of 398 CROSS SECTIONS OF ROADWAY VACATION (M AVENUE) AND ASSOCIATED IMPROVEMENTS T� 1.. ,t6WPCJft7135IJ6 --III I I I=R ._ 1 ITTI "----thellh.Ti, maw 80 -III. �I ITS -i 11=1 I 1=' RLTAhWS'GwAll I- i_ f ,fErAIivVMG 11"-- I I-i i r_� . = I I_ . FAWN 70 �I'il 1E11 I_111=� III- III-� li! 60 , � I I� -I 7 7111 6/7 ti ROADWAY 30' YAGIKW 30' 50 0+50 ENSING DRAINAGE SWAIE 1 0+100 SECTION 3-3 HORIZONTAL•,'_10' VERTICAL: 1 =a' PERrncAu SLOPE :I I IH I I ;SIT M. 36' STORM DRAIN 0+150 80 70 60 50 311 of 398 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 tf13 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 14 312 of 398 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 15 313 of 398 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. 16 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 ATTACHMENT 7 17 315 of 398 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' 18 316 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 316 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the execution of an order of 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) (Pla CITY OF NA COUNCIL 317 of 398 CALIFORNIA TATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the execution of an order of 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 _ PREPARED BY: Martin Reeder, AICP PHONE: ;619-336-4313 1 DEPARTMENT: IPI APPROVED BY: EXPLANATION: IOn August 1, 2017 the Council considered the street vacation request. The attached Resolution is needed to follow through on the action in the case of approval. The converse action (denial) would require staff to bring back a resolution for denial on a subsequent agenda. In that case, no action needs to be taken on the attached resolution. FINANCIAL STATEMENT: ACCOUNT NO. I APPROVED: APPROVED: MIS ENVIRONMENTAL REVIEW: Exempt pursuant to CEQA, Section 15305 Minor Alterations in Land Use Limitations, Class 5. The street and alley vacation do not result in any changes in land use.i ORDINANCE: INTRODUCTION: • FINAL ADOPTION: 1 STAFF RECOMMENDATION: (Adopt the attached Resolution BOARD / COMMISSION RECOMMENDATION: IN/A ATTACHMENTS: 11. Resolution 2. Order of Vacation 318 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 318 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 CITY OF NATION) 319 of 398 ;ALIFORNIA 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 320 of 398 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. Annually, staff brings forward the salary schedules for all employee groups for adoption. This item, approval of the Executive employee group salary schedule, has been listed as a non -consent item in compliance with the 2016 amendment to the Section 54953 of the Government Code, commonly referred to as the Ralph M. Brown Act (Brown Act). As amended, the Brown Act now requires an oral summary of a recommendation for a final action on the salaries, salary schedules or compensation paid in the form of fringe benefits to a local agency executive. While this item, as presented, does not seek authorization to adjust the salaries or fringe benefits of any employees in this group, as described above, the action before the City Council is the approval of the Executive salary schedule. The salary schedule as attached includes an adjustment 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 is 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 321 of 398 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 Page 1 322 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 322 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) CITY OF NATI COUNCIL 323 of 398 CALIFORNIA TATEMENT MEETING DATE: August 1, 2017 AGENDA ITEM NO. 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. PREPARED BY: Dionisia Trejo DEPARTMENT: Neighborhood Services Department APPROVED BY—.' PHONE: (619) 336-4255 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. 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. Parking/storage Tots 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 staff has allowed storage of vehicles and material associated with ongoing construction projects on dirt lots, they have not permitted a standard commercial use to be conducted on such a site. 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. I APPROVED: !City fee of $237.00 for processing the TUP through various City Departments. Total Fees: $237.00 ENVIRONMENTAL REVIEW: NfAi ORDINANCE: INTRODUCTION:' FINAL ADOPTION: STAFF RECOMMENDATION:. Approve the Application for a Temporary Use Permit for a period of six months ending on January 31, 2018. BOARD / COMMISSION RECOMMENDATION: NI ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions of approval. 324 of 398 1 City c Neighborhood Services Department 1243 National City Boulevard • National City, CA 91950 (619) 336-4364 • fax (619) 336-4217 www.nationalcityca.gov Spc0141 Event pal Type of Event= ❑ Fair/Festival ❑ Parade/March ❑ TUP 0 Walk or Run 0 Concert/Performance ❑ Sporting Event ❑ Other (specify) Po.,t^let= .Event,.Nanie "& location Event Title ( O rS -frtte IC Event Location (list all sites being requested) II o "Ft" S o Event Tirnes Set -Up Starts gg Date; elf j $ 7 Time R ►e-.3 Day of Week Event Starts Date P) Time at `i h '-- Day of Week Event Ends Date Si; j ► Time Lr'1 I"r5 Breakdown Ends. Date $ r r RECEIVED JUN 05 2017 Neighborhood Services Department City of shale of City Day of Week Time Q-`'i�S Day of Week Applicant Information. ; Applicant (Your name) h eal 4:. Sponsoring Organization Event Coordinator (if different from applicant) Mailing Address c10H 5e-uel4- e ;f ( . Day Phone Gri "-I d - 17 [ After Hours Phone { -`f 7`f-u`t71 CeII b0 f 1- Fax Ji Public Information Phone E-mail , Ott, C64.1 Applicant agrees to investigate, defend, indemnify and hold harmless the City, its officers, employees and agents from and against any and all loss, damage, !lability, claims, demands, detriments, costs, charges, expense (including attorneys fees) and causes of action of any character which the City, its officers, employees and agents may incur, sustain or be subjected to on acoount of loss or damage to property or the Toss of use thereof and for ldily 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 TUPfspecial 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-hi /� t 325 of 398 Special Event Application (continued) Please complete the following sections with as much detail as possible since fees and requirements are based on the information you provide us. Fees/ProceedsIReportin • Is your organization a "Tax Exempt, nonprofit" organization? Yes ❑ No Are admission, entry, vendor or participant fees required? Yes ❑ IVo trV If YES, please explain the purpose and provide amount (s): $ 0 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 3)4o.; . Estimated Expenses for this event. $ Ci What is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? iDescri.ption_of 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. Over P1 d r� L' �►: t: r 3 '-�, ,- - are JUSIcI1, PatAecc) 0,1 j% ?._C.. :Estimated Attendance Anticipated # of Participants: 2 Anticipated # of Spectators: 4,/J a- 326 of 398 Traffic Control, Securit , First Aid and Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No 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 c/ ❑ Requested "'No Parking" on city streets andfor parking lots (list streets/parking lots) (provide map): 0 Other (explain) -Securii an 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? 1 Yes 0 No n If YES, name and address of Security Organization Security Director (Name): Phone: if using the services ota professional security firm AND the. event will occur on City property, please providea:copy:of its insurance certificate, evidencing liability with limits of at ]east $1 Million dollars per oatsurencei$2 Miiliton.dollars aggregate, as we'll as and additional insured endorsement naming the City of -National -City, its offeers, employees, and agents as additional insureds. Evidence of.irisuranoe.must be provided by the vendor or its insurer to the Cify's Risk Manager for review and approval prior to the event. . - Is this a night event? Yes ❑ Now If YES, please state how the event and surrounding area will be illuminated to ensure safety of the participants and spectators: 3 327 of 398 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- rst aid/CPR certified? Yes ❑ No I_ ❑ 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 ElNo6 ❑ Requesting City's PA system El Requesting City Stage; if yes, which size? ❑ Dimensions (13x28) ❑ .Dimensions (20)(28) ❑ Applicant providing own stage 3 (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 ❑ (For City Use Only) Sponsored Events — Does not apply to co -sponsored events # of tables ❑ No tables being set up # of chairs ❑ No chairs being set up Contractor Name Contractor Contact Information Address City/State Phone Number 4 328 of 398 Setting up other equipment? ❑ Sporting Equipment (explain) ❑ Other (explain) ❑ Not setting up any equipment listed above at event Noel/ Having amplified sound and/or music? Yes ❑ ❑ PA System for announcements El CD player or DJ music ❑ Live Music 1 ❑ Small 4-5 piece live band 1 0 Large 6+ piece live band ❑ Other (explain) If us ng live music or a DJ. ► Contractor Name Address /i,,__City/State Phone Number Using Iighting equipment at your event? Yes NoNJ ❑ Bringing in own lighting equipment ❑ Using professional Iighting company ► Company Name Address City/State Using electrical power? Yes ❑ NoA! ❑ Using on -site electricity ❑ Bringing in generator(s) Ate.rid.or Irifo:rmatro ❑ For sound and/or lighting ❑ For sound and/or Iighting Phone Number D For food and/or refrigeration ❑ For food and/or refrigeration ►sE340T:4: _You may be requk�d to applyfor a tOMPOrfth aIth sa+ tt,lf €*Dd pr.beverages are sgldl ut given awa_ r duning your special event. Also see ile rrn ,.s rrd' Cmpt — ' on page 3 iirn'Ibe eclaI Event. Guide. For additional info natioet on obt2' iinin'i .a ter porn r-r health permit, pidase moat the COunty of .San Dina Envlronme mtal Heallth. at 6i9j'333S 63.. Having food and non-alcoholic beverages at your event? Yes ❑ Notid ❑ Vendors preparing food on -site ®# ► Business License # !f 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: ❑ GAS I,] ELECTRIC ❑CHARCOAL 0 OTHER (Specify): ❑ Vendors bringing pre -packaged food ► # ► Business License # ❑ Vendors bringing bottled, nonaicohoiic beverages (i.e., bottled water, can soda, etc.) ► # ❑ Vendors selling food # i Business License #(s) ❑ Vendors selling merchandise # ► Business License #(s) 5 ❑ Food/beverages to be handled by orgar 329 of 398 side vendors ❑ Vendors selling services # I. Explain services ❑ Vendors passing out information only (no business license needed) # ► Explain type(s) of information ❑ No selling or informational vendors at event l► Business license #(s) Having children activities? Yes ❑ N PLEASE NOTE: in the event inflatable jumps are provided at the 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 should be.fled 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 ors or aerial display? Having fireworks y? Yes ❑ Nolli p ❑ 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 mustbe•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, 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 $502.00 Arranging for media coverage? Yes❑ No V ❑ Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 6 330 of 398 PIl EASE T OTE: For City sponsored or, co -sponsored events, banners publielzlt ,g the event may be paced on the existing .poles on the 1800 block and 3100 block ofNat{onal City Boulevard The .banners mist ite n ade is a City's-specthdations Please refer to the Clti's Special Event Guidebook and fee tee l -f radditlonal information. Are you planning to have signage at your event? Yes ❑ No 'l:!J ❑ Yes, we will post signage # Dimensions ❑ Yes, having inflatable signage # Pv. (complete inflatable Signage Request form) ❑ Yes, we will have banners # D 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 sufficient facetities -in the immediate area available to the public during the event. Are you planning to provide portable restrooms at the event? Yes ❑ NotE If yes, please identify the following: ► Total number of portable toilets: ► Total number ofADA 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 day(s) ❑ 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. 7 331 of 398 ❑ 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. 8 332 of 398 Special Events Pre -Event Storm Water Compliance Checklist I. Special Event Information Name of Special Event: C. 4h !40401.'3 } :t✓` 1 'el 3 Event Address: ►1 VI, 144% Expected *of Attendees: Event Host/Coordinator: Il Gil 'T Phone Number: GI -147`1" c3etit 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: V Will enough recyding bins provided for the event? Provide number of recycle bins: !.►�' Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do ail storm drains have screens to temporarily. p IY protect trash and debris from entering? I I Are spill cleanup kits readily available at designated spots? *A Post -Event Storm Water Compliance Checklist will be completed by City Staff. 9 333 of 398 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND INDEMNIFICATION AGREEMENT Persons requesting use of City property, facilities or personnel are required to provide a minimum of $1,000,000 combined single limit insurance for bodily injury and property damage which includes the City,. its officials, agents and employees named as additional insured and to sign the Hold Harmless Agreement. Certificate of insurance must be attached to this permit. The insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VII. and that the insurance company is a California. admitted company; if not, then the insurance policy to the issuance of the permit for the event. The Certificate Holder must reflect: City of National City Risk Management Department 1243 National City Boulevard National City, CA 91950 Organization: C..&M Ho-toy-J. l r►. Person in Charge of Activity: 11; CI, a e 1 fi C,v h Address: 10 f Seve,14— 4 tk. Telephone:64i ~'f7M-$971 Date(s) of Use: $ h i t-7- S h i r 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 , iv' taken under the permit by the permittee or its agents, employees or Signature of Applicant: Official Title: jjr Ge- t�eS�Cli,� Date: r 5` f 17 For Office Use Only Certificate of Insurance Approved 10. Date 334 of 398 a- 335 of 398 May 11, 2017 Akash Patel Satnaant 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") isrequesting permission from Akash, the representative forthe owner ofrecord, Satnaam Hotels, Inc, aCali€orniacorporation, ("Owner") of the property described as Parcel 2 of Parcel Map No. 8863, recorded May 15, 2002 at Recorder's File Page No.2002-041423 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 ofthis agreement by reference (`the Property") for the purposes listed below: Storing and staging Commercial Trucks ONLY, Existing property fencing will be used in place and supplemented ifnecessary with 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&MMctos may extend the term on amonth-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 Tenn shall bereferred to collectively as the "Term". This Agreement is for a license, 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 applicablenoticeandcureperiods. 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--refundablepayment for the Term ofthe License, and $1, 500 per month thereafter, payable on or about the first day ofevery month, en a month by month basis for the 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 any time, with or without cause byproviding said party with thirty (30) days written notice in accordance with the notice provisions ofSection 12 herein. 12 336 of 398 4. Atthe end of the Term, C&M Motors shall cause the Property to be restored to a condition as close to the condition it was in at the beginning of the Term as is possible taking into account environmental guidelines and reasonable wear and tear. However, C&14 Motors cha11 be required to restore any damage to the Property that is caused by C&M Motors orits employees, contractors, subcontractors, agents or invitees. 5. C&M Motors shall cause the removal of all garbage and refuse deposited on the Propertyas 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, explo sive or flammable materials or other Hazardous Materials on the Property in any amount that, individually or in the aggregate, gives rise to a reporting requirement under Environmental Laws. For the poses of this Agreement, the term "Hazardous Materials" shall mean all chemicals, materials, substances and items inany 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 ofthisAgreement, the term "Environmental Law" shall mean any Applicable Law relating to: (a) air emissions or the storage, use, release, generation, treatment; storage or disposal ofhazardous or toxic wastes, wastewater discharges and similar environmental matters, or(b)the impact ofthe matters described in the preceding clause upon human healthorthe environment, including but notlimitedto the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. § 9601 etseq.),the Hazardous Materials Transportation Act(49 U.S.C. § 5101 etseq.),theResource Conservation and Recovery Act (42 U.S,C. § 6941 et seq.), the Federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), the Clean Air Act (42 U.S.C. § 7401 et seq.), the Toxic Substances Control Act (15 U.S.C. § 2601 et seq.), the Oil Pollution Act (3 3 U.S.C. § 2f41 et seq.), the Occupational Safety and Health Act (29 U.S.C. § 651 et seq.), the Emergency Planning and ComnumityRight-to-Knox Act(42 U.S.C. § 1100 1 ctseq.), the Porter -Cologne Water Quality Control Act (Cal. Water Code § 13000 et seq.), the Safe Drinking Water and Toxic Enforcement Act of 1986 (Cal. Health & Safety Code § 25249.5 et sec!. ); the Hazardous Substance Account. Act (Cal. Health & Safety 13 337 of 398 Code § 25300 etseq.), 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.). If C&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 sameunder Environmental 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 all risk incident to the use ofthe Property for personal injury to or death of C&M Motors employees, contractors, subcontractors, agents or invitees or damageto C&M Motors property arising from the Permitted Purposes and to indemnify and hold harmless Owner, foranyand all damages or expenses, (including, butnot limited to, attorney'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 indemnificationobligations shall include consequential, exemplary or punitive damages. 8. C&M Motors shall not acquire prescriptive rights to the Property byvirtue 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 of majority of the stock of C&M Motors or all or substantially all ofthe assets of C&M Motors or any mergers, consolidation orreorganization of C&M Motors. 10. C&M .Motors shall not be in de fault under this Agreement unless C&M Motors shall have failed to 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 ofthisAgreement, 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. 14 338 of 398 12. A11 notices or other communications required orpermitted 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 returtt receipt requested, or (d) if sent by fax with receipt confirmed, addressed as follows: If C&M Motors: Mike Tcxii 555 W. 5th Street, 1%41, 11AI Los Angeles, CA 90013 Telephone: 619-474-8971 Email: mike@cmraotorsinc.com If to Owner: • Akash Patel 425 Roosevelt Ave National City, CA 91 950 Telephone: 619-474-8811 Email: acash59@gmail.com 13. Ifany term or provision ofthis 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 covenantor provision ofthis Agreement shall not be deemed a waiver ofany other covenant orprovision in this Agreement and no waiver shall be valid unless in writing 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 be brought in estate courtof competentjurisdiction in San Diego, California. 16. This Agreement may be executed in counterparts, each of which shall be an original, and all ofwhich, takentogetber, shall constitute one and the same instrument 17. Time is ofthe essence o f each and all terms and provisions o f this Agreement. 18. This Agreement constitutes the entire agreement between the parties relating to the Permitted Purposes. Anyprior•agreements, negotiations orrepresentationsnotexpressly set forth herein are of no force and effect. 14 339 of 398 THE ABOVE CONSENT S ACCEPTED UPON THE CONDITION STATED HEREIN THIS Ar +A DAY OF n*y , 2017 C&M MOTORS INC. a California Corporation Owner: SATNAAM ROTES, INC. a California Corporation BY: Name: AkashPatel 16 340 of 398 EXHIBIT A (Attached) 17 18 ,�C'aC3R' 342 of 398 CERTIFICATE 0 GE INSURANCE DATE I MNDD1YYYY) 06101)2017 THIS CERTFICATE JS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE _COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 1NSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. tf 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 iieu of such endorsement(s)_ PRODUCER ALLY RISK SERVICES, INC 500 WOODWARD AVE 14TH FLOOR DETROIT, MI 48226 INsuRED CBMMOTORS INC 825 ROOSEVELT AVE NATIONAL CITY, CA 91950 NAME: r Dealer Products PHONE E-MAIL Ma, Extl: 5007294622 AD: certrequest@aliy.00m FAX tivc, N 866-AS6r 8665 INSURERtS}AFFORDING COVERAGE NAIC INSURER A ; Harco Natlanal Insurance Company INSURER 9 : 26433 INSURER C INSURER D INSISTER E : INSURER F COVERAGES PROD:CUSTOMERID: na.e+n v. THIS IS TO CERTIFYTHAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NSURANCE AFFORDED BY THE POLICIES DESCRIBED FEREIN 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDrrI ONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE FNSD aolaer WVD POLICY NUMBER (PMMIDCYDIYYYY) (AMKI TD/YYY O LIMITS A GARAGE LIABILITY ALLONVHED NON-OWNEDA USED IN GARAGE BUSINESS HIRED AUTOS ONLY CPP0005014-28 11/01/2016 11/01:2017 AUTO ON Y(Eaaccident) $ 50( 000 , - p f OTHER THAN ONLYY EAACC1DeNT 4 500,000 VAnYAuto AGGREGATE 3 N/A A GARAGE KEEPERS LIABLITV LEGAL UABILITY DIRECT BASIS CPP0005014-28 11/01/2016 11f0112017 C:OMt' ! LOC orc SPECIFIEDS LODP ;& 250,000 7 $ — COLLISION LOC LOC $ 250,000 7j l �''''�l Y N PRIMARY EXCESS $ GENERALLJABILITY COFARERCIALGENERAL LIABILITY OCCUR Included in Garage Liability EACH OCCURRENCE $ 0/WAGE TO lItAlrto PREMISES (Ea occurrence) $ I CLAIMS -MADE 0 MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GE 1LAGGREGATE LIMIT APPLIES PER: PRODUCTS - OOMWOPAGG $ POLICY 11 JJEECTT (LOG $ A I UAt3R1ELtALIAB EXCESS LAB OCCUR CLAMS —MADE N /A BU-0005014-28 11/01/2016 11/0112017 EACH OCCURRENCE $ 5,000,00.0 AGGREGATE $ N/A DE❑ 1 [ RETENT'oN$ COFJ9ENSATION EMPLOYERS' LIABrLITY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED'? d orx Fe NH}and � rr Y! N VA C ETAI'U OTI+ TORY UUTFS ER $ WORKERS AND ANY OFFICER/MEMBER If yes, yyeess E.L. EACH ACCI DENT $ E.L. DISEASE -EA EMPLOYE S I E.L. DISEASE- POLICY LIMIT S REMARKS (Attach ACORD 101, Adder Remarks Schedule, if loom space Is required} Proof of Instacnce. A 30 day nat;ce of cancellation applies excx pf in the event of non-payment in which a 10 day notice applies. CANCELLATION For Vera icalion Purposes Only SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Patrick Amoroso �2010ACORD CORPORATION. All rights reserved. ACORD 30 (2010112) The ACORD name and logo are registered marks of ACORD 19 343 of 398 THIS,0129UMkl T :I S 'KUE WA? RMORIC AND;YISIBI.E RA DIVERNiB..E FRgM BOTIi SIDES; 9968 BUSINESS LICENSE CERTIFICATE PURSUANT TO CITY ORDINANCE THIS LICENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED CITY OF NATIONAL CITY BUS DESCRIPTION BUSINESS ADDRESS 904 ROOSEVELT AVE BUSINESS NAME ATM: MAILING ADDRESS C & M MOTORS INC pate of Expiration: 12/31/2017 IO J f1 iNCOR'POMi.T 904 ROOSEVELT AVE NATIONAL CITY, CA 91950-3247 NON TRANSFERABLE POST [N ACONSPICUOUS PLACE City Manager TIDN P[i CTED.3AP1D REM.; -FL:€ ORE$CENTFIBERSUNDER U1hLIGHi' KEEP FOR YOUR RECORDS BUSINESS TAX RECEIPT License No. 9968 GR4 $2,937.00 5B1186 $1.00 TOTAL $2,938.00 20 344 of 398 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 j ] SEE CONDITIONS [ x PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x] NO [ ] SEE CONDITIONS I ] POLICE YES [ x] NO t ] 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 Buildin No comments Manning 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 tirneframe 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 1E 345 of 398 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. 22 346 of 398 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 berms 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 'i 2 347 of 398 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. EnterlExit 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. 24 348 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 348 The following page(s) contain the backup material for Agenda Item: Notice of Decision - Planning Commission approval of a Conditional Use Permit for beer and wine sales at Broken Yolk to be located at 3030 Plaza Bonita Road Suite 1106. (Applicant: Steve Rawlings) (Case File 2017-15 CUP) (Planning) CITY OF Nk s4s of sss Y, CALIFORNIA COUNCIL ` STATEMENT MEETING DATE: jAugust 1, 2017 AGENDA ITEM NO. ITEM TITLE: ;Notice of Decision — Planning Commission approval of a Conditional Use Permit for beer and wine sales at Broken Yolk to be located at 3030 Plaza Bonita Road Suite 1106. (Applicant: Steve Rawlings) (Case File 2017-15 CUP) PREPARED BY: Jessica Madamba, DEPARTMENT: ;Planning - PHONE; :336-4381 APPROVED BY: EXPLANATION: The applicant has applied for a Conditional Use Permit (CUP) to sell beer and wine as an accessory use to a new restaurant to be located at 3030 Plaza Bonita Road Suite 1106. The operating hours for the proposed business are 6 a.m. to 9 p.m. Sunday through Thursday and 6 a.m. to 10 p.m. Friday and Saturday. A Type 41 (On -Sale Beer and Wine) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). The Planning Commission conducted a public hearing on July 17, 2017. Commissioners asked questions regarding responsible alcohol training practices and serving alcohol in the outdoor patio area. The Commission voted to approve the Conditional Use Permit based on required findings and subject to Conditions of Approval. The attached Planning Commission staff report describes the proposal in detail.! FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: Not a project per CEQA ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. ; BOARD / COMMISSION RECOMMENDATION: The Planning Commission approved the Conditional Use Permit. Ayes: Baca, Flores, Garcia, Quintero, Sendt, Yamane Absent: DelaPaz ATTACHMENTS: 1. Overhead 2. Planning Commission Staff Report 3. Resolution No. 2017-18 4. Reduced Plans 350 of 398 201745 CUP — 3030 Plaza Bonita Rd. — Overhead ATTACHMENT 1 351 of 398 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT Title: Case File No.: Location: Assessor's Parcel Nos.: Staff report by: Applicant: Zoning designation: Adjacent zoning: North: East: South: West: Environmental review: Staff recommendation: Item no. July 17, 2017 PUBLIC HEARING — CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT A NEW RESTAURANT (BROKEN YOLK) LOCATED AT 3030 PLAZA BONITA ROAD SUITE 1106. 2017-15 CUP 3030 Plaza Bonita Road 564-471-07 Jessica Madamba, Planning Technician Steve Rawlings (for Brokers Yolk) MXD-2 (Major Mixed -Use District) Single Family Residential / RS-2 (Small Lot Residential) Residential / County of San Diego Open Space & 1-805 / OS (Open Space) Open Space across Plaza Bonita Road / OS Not a project per California Environmentai Quality Act Approve ATTACHMENT 2 352 of 398 Planning Commission Meeting of July 17, 2017 Page 2 BACKGROUND The business has applied for a Conditional Use Pemlit (CUP) to sell beer and wine at a new restaurant (Broken Yolk). The previous business, (Pat & Oscar's) was previously approved to sell beer and wine (CUP 2006-1) in the restaurant, as well as in the outdoor patio area. The original CUP has since expired and a new CUP is required for alcohol sales. The business would operate from 6:00 a.m. to 9:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:00 p.m. Friday and Saturday. A Type 41 (On -Sale Beer and Wine Sales) license is concurrently being processed with the California Department of Alcoholic Beverage Control (ABC). Site Characteristics The project location is an existing 5,900 square -foot suite located in Westfield Plaza Bonita, in the Major Mixed -Use District (MXD-2) zone. The area is adjacent to other commercial uses within the shopping center. Single-family residential uses are located to the north in the Small Lot Residential (RS-2) zone and the County of San Diego (Bonita) is located to the east. Proposed Use The applicant is proposing to sell beer and wine at a new restaurant in the existing 5,900 square -foot suite. The floor plan provided with this application shows 36 separate seating tables and provides 166 indoor seats. The floor plan also includes an outdoor patio seating area with 54 seats. The applicant wishes to sell beer and wine in the outdoor patio area as well as in the restaurant, both of which require a CUP. Alcohol would be delivered to the table upon request and would only be available with the sale of food. Proposed operations and alcohol sales hours are 6:00 a.m. to 9:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:00 p.m. Friday and Saturday. No live entertainment or construction is proposed. Analysis Section 18.30.050 of the Land Use Code (LUC) allows for on -site alcohol sales with an approved CUP. The proposal to sell beer and wine triggers the need for a CUP. Additional requirements for alcohol CUPs include expanded notification, a community meeting, and distance requirements. 353 of 398 Planning Commission Meeting of July 17, 2017 Page 3 Mailirtq — All property owners and occupants within a distance of 660 feet are required to be notified of a public hearing for alcohol -related CUP .applications. Notice of this public hearing was sent to 463 owners and occupants. Community Meeting — Pursuant to Section 18.30.050 (C), a community meeting was held Thursday, June 22, 2017 at 5:00 pm at the subject restaurant. The meeting advertisement is attached. There were no community members in attendance. Distance Requirements — Chapter 18.030.050 (D) requires a 660-foot distance from sensitive_ uses such as schools. However, restaurants with greater than 30% of their area devoted to seating (which applies in this case) are exempt from this distance requirement. There are no schools located within 660 feet, Granger Middle School is the closest school, which is approAmately one mile away. Required findings The Municipal Code contains required findings for CUPs: There are six required findings: 1. The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. The use Is allowable within the Major Mixed -Use District zone pursuant to a CUP; and the proposed use meets the required guidelines in the Land Use (ode for alcohol sales, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. Alcohol sales are permitted, subject to a CUP, by the LUC, which is consistent with the General Plan. A restaurant use is consistent with the Minor Mixed -Use land use designation contained in the Land Use and Community Character element of the General Plan. In addition, the property is not within a Specific Plan area. 354 of 398 Planning Commission Meeting of July 17, 2017 Page 4 3. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. No expansion of the building is proposed. The proposal involves an existing restaurant in an existing commercial space, which was already analyzed for traffic impacts when it was constructed. In addition, because the sale of alcohol would be accessory to the sale of food, no measurable increase in traffic is expected. 4. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed alcohol sales would be accessory to a restaurant use, which is located in an existing commercial area. The addition of alcohol sales is not expected to increase the demand for parking on the property. 5. Granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located. The proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) training. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). The project is not considered a project undet CEQA, as no development is proposed. In addition, the proposed use is similar to other commercial uses in the area, which are permitted by right in the mixed -use zones. Given that there is no calculable increase in traffic and no other impacts are anticipated, staff is of the opinion that the project would not result in any physical changes to the environment. 355 of 398 Planning Commission Meeting of July 17, 2017 Page 5 7. That the proposed use is deemed essential and desirable to the public convenience or necessity. In this case the alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXID-2) zone: There are also three findings for denial based on the amount of existing on -sale outlets, as discussed in the "Alcohol Sales Concentration/Location" section below. Department and Agency comments Alcohol Sales Concenfraton/Locatlon — Per ABC, there are currently five on -sale licenses authorized for Census Tract (32.04). For reference, the alcohol outlets in the census tract are: Name Address License Type* CUP Outback Steakhouse 2980 Plaza Bonita Rd. 47 Y Applebee's .3030 Plaza Bonita Rd. 47 Y J Red Robin 3030 Plaza Bonita Rd. 47 Y John's Incredible Pizza 3030 Plaza Bonita Rd. 41 Y Hooter's 3030 Plaza Bonita Rd. 1 47 Y Type 41— On -Sale Beer and Wine for Bona Fide -Public Eating Place Type 47 — On -Sale Oanfirsi Cnr Be). 9 ride Public Eating Place All of the alcohol licenses located in the census tract are restaurants. The new restaurant will be subject to the most recent Council Policy standards for on -sale alcohol CUPs. Census tract 32.04 includes the area south of State Route 54 and east of Interstate 805. The attached census tract map shows the location of the subject tract. Per State ABC there are currently five on -sale licenses in this census tract (32.04) where a maximum of four are recommended. Therefore, this census tract is considered by ABC to be over- saturated with regard to alcohol sales outlets. 356 of 398 Planning Commission Meeting of July 17, 2017 Page 6 Police Department The Police Department has provided a Risk Assessment which includes the crime rate of the area and is attached to this report. The restaurant is located within Beat 23 which includes the southeast quadrant of the City. This is a medium crime rate area based on crime types at the mall usually concerning shoplifting or non-violent crimes. Eleven points have been allocated in the assessment, which would be considered a Low Risk. Institute for Public Strategies (IPS) IPS provided comments on the proposed CUP application. The restaurant is proposing to serve alcohol in the outdoor seating area. IPS recommended that if the CUP is approved, serving alcohol should be limited to inside the restaurant. They also recommend that owners, management, and staff be required to attend the RBSS training (covered under condition no. 6). Comments are attached, see Attachment no. 5. Conditions of Approval Standard Conditions of Approval have been included with this permit, as well as conditions specific to on -site alcohol sales per City Council Policy 707 (alcohol incidental to food, hours of operation, RBSS training, etc.). Summary The proposed use is consistent with the General Plan because beer and wine sales for on -site consumption are a conditionally -allowed use in the MXD-2 zone. The proposed use would be accessory to the new restaurant use in a commercial area, which is not expected to increase the demand for parking or other services on the property. The addition of alcohol sales is not expected to have any significant effects on the area. OPTIONS 1. Approve 2017-15 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2017715 CUP based on attached findings or other findings as determined by the Planning Commission; or, 357 of 398 Planning Commission Meeting of July 17, 2017 Page 7 3. Continue the item for additional information. ATTACHMENTS 1. Recommended Findings for Approval 2. Recommended Findings for Denial 3. Recommended Conditions 4. Overhead 5: Department and Agency Comments 6. Census Tract Map 1 Beat Map 7. Public Hearing Notice B. Community meeting advertisement, sign -in sheet, and minutes 9. Applicant's Plans (Exhibit A, Case File No. 2017-15 CUP, dated 5/30/2017) 10. Planning Commission Resolution 2006-9 JESSICA MADAMBA BRAD RAULSTON Planning Technician Deputy City Manager 358 of 398 RECOMMENDED FINDINGS FOR APPROVAL 2017-15 CUP — 3030 Plaza Bonita Road Suite 1106 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code. 2. That the proposed use is consistent with the General Plan and any. applicable specific plans, because alcohol sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. In addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Use and Community Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 359 of 398 7. That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property forthe retail sales of alcoholic beverages pursuant to law. 360 of 398 RECOMMENDED FINDINGS FOR DENIAL 2017-15 CUP --3030 Plaza Bonita Road Suite 1106 1. Granting the permit would constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the census tract in which the subject property is located is currently over -concentrated with regard to, on -sale alcohol outlets — thirteen on -sale outlets are permitted where eight are recommended by the California Department of Alcoholic Beverage Control. 2. That the proposed use is not deemed essential and desirable to the public convenience and necessity, because five other on -sale alcohol outlets are located in the same census tract as the subject property. 3. That based on findings 1 and 2 above, public convenience and necessity will not be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. 361 of 398 RECOMMENDED CONDITIONS OF APPROVAL 2017-15 CUP — 3030 Plaza Bonita Road Suite 1106 General 1. This Conditional Use Permit authorizes the sale of beer at a new restaurant located at 3030 Plaza Bonita Road. Plans submitted for permits associated with this project shall conform to Exhibit A, case file no. 2017-15 CUP, dated 5/30/2017. 2. Before this Conditional Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting ail conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of Its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restricctlon shall provide Information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Deputy City Manager prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the Resolution of approval unless extended according to procedures specified in the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. Trills permit may also be revoked, pursuant to provisions of the Land Use Code, if discontinued for any lesser period of time. 6. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to Issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies, es. 362 of 398 7. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. All information obtained by an investigation of records shall remain confidential. 8. The permittee shall post signs in the patio dining area, including all exist to outdoor seating areas, indicating that alcoholic beverages must be consumed inside the restaurant or patio area and may not be taken off -premises. 9. Alcohol shall be available only in conjunction with the purchase of food. 10. The sale of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. to 9:00 p.m. Sunday through Thursday and 6:00 a.m. to 10:00 p.m. Friday and Saturday. 363 of 398 2017.15 CUP —.3030 Plaza Bonita Rd. — Overhead 364 of 398 Environmental. Scan for Alcohol License C.U.P. Broken Yolk Restaurant 3030 Plaza Bonita Road, Ste. 1106, National City, CA 91950 June 13, 2017 Photo of the outside of the building for the Broken Googie Earth View of 3030 Playa Bonita Road, Ste. 1106 Yolk in Westfield Plaza Bonita in National City and Surrounding Area This environmental scan was conducted as a result of a new Conditional Use Permit requested by Broken Yolk, a km141 woof which will be located at 3030 Plaza Bonita Road, situated on the eastside of the Westfield Plaza Bonita mall, east of the 805 Freeway off of Sweetwater Road in National City. The proximity of Broken Yolk is close to other local businesses, single-family residences multi -housing units and a hotel in the immediate area. The applicant is requesting a Conditional Use Permit from the City of National City as the business plans to apply for an on -sale beer and wine lip from the ABC (ABC Type 41 license). If approved, the serving of beer and wine would take place inside their restaurant, as well as in their outdoor seating area. This environmental scan was conducted on Tuesday, June 13, 2017. rlinebd by the San Diego County Health and Human Senates Aged 2615 Camino del Rio So. 9300 San Diego, California, 92109 ¢Phone: 6 9.4.' 8-910.: ° Far 619.476-9104 365 of 398 _ Qi��-Sale t7�-Saie. �. AThowed: 4 Actual: 5 Above/Below: +1 Ceatsiet Tram d032:il44 Establishment is within this tract '�Allovved: 1 Actual: 1 Number Above/Below Allowable: - • Neighbo : 'g Census Tracts ,.._.. Tract 0122,00 Allowed: 4 = Actual: 4 Number Above/Below Allowable:.. Allowed: 4 Actual: 6 Above/Below:.+2 Colruuity Input While speaking with a teacher from the Altus Charter School in Plaza Bonita (who requested anonymity), she suggested to the surveyor that the following steps could be taken to prevent underage drinking: 1) do not allow the consumption of alcohol in theoutdoor seating area, and 2) the sale and serving of alcohol should end by 10:00 p.m. Crime.Rate The Crime Rate is unknown for this location. A follow up request for this information from staff within the City of National City may result in obtaining the crime rate for this location. Co iddratiees, Should a CUP be issued, it is highly mended that: The employees, management, ar&d owner of Broken Yolk be required to attend the Responsible Beverage Sales and Service training. Deny the serving and consumption of alcohol in the outdoor patio area. The sale and serving of alcohol should not exceed 10:00 PM. The City should request that Broken Yolk develop a plan to ensure that alcohol sharing does not occur in order to reduce therisk of youth access to alcohol. The South Bay Conenunly Changa.Projed le a project of the heWOYe for Public 8batepas and le funded by the San Olepo courtly Heenh end Hunan Saneceo Agency 2815 Camino del Rio So. MO • San Diego, Gallatin, 921Ki • Phone: 619 47S-0100 • Fat S79.476-9104 tiaew,pub6 tAetioro 366 of 398 NATIIONAL CITY POLICE DEPARTMENT ALCOHOL BEVERAGE CONTROL RISK ASSESSMENT DATE: 07/11/2017 BUSINESS NAME: Broken Yolk ADDRESS: 3030 Plaza Bonita Road #1106, National City, CA 91950 OWNER NAME: Steve Rawlings DOB: OWNER ADDRESS: 26023 Jefferson Avenue #D, Murrieta, CA 92562 (add additional owners on page 2) I. Type of Business • Restaurant (1 pt) Market (2 pts) Bar/Night Club (3 pts) Tasting Room (lpt) II. Hours of Operation Daytime hours (1 pt) • Close by l 1pm (2 pts) Close after 11pm (3 pts) III. Entertainment Music (1 pt) Live Music (2 pts) Dancing/Live Music (3 pts) if No Entertainment (0 pts) 1V. Crime Rate Low (1 pt) d Medium (2 pts) High (3 pts) V. Alcohol Businesses per Census Tract Below (1 pt) Average (2 pts) • Above (3 pts) Notes: V. Census tract currently has 5 on sale licenses and 1 off license. 1 additional license is listed as being surrendered. ABC allows for 4 on end 2 off in this tract. VI. Calls for service are average for a mall building. Most calls were regarding shoplifting or non-violent crimes. Crime rate is medium based of an assessment of Crime types at the Plaza Bonita Mall. Revised: 8/16 1 of 2 367 of 398 National City Police D artmeut ABC Ri*.Assessment VI. Calls for Service at Location (for previous 6 months) Below (1 pt) ./ Average (2 pts) Above (3 pts) VIL Proximity Assessment.(1/4 mile radius oflocation) • Mostly commercial .businesses (1 pt) Some businesses, some residential (2 pts) Mostlyiesidential (3 pts) VIII. Ownnr(s) records check No criminal incidents (0 pts) Minor criminal incidents (2 pts) Multiple/Major criminal incidents (3 pts) Low Risk (.12pts or less) Medium Risk (13— 18pts) High Risk (19 — 24pts) Total Points • 11 OWNER NAME: DOB: OWNER ADDRESS: OWNER NAME: DOB: OWNER ADDRESS: Recommendation: Completed by: Shepherd. Revised: 8/16 2 of 2 Badge JD: 402 125:112 Jgust 25, 2014 CensusTracts 2010 Ma1il ion ati tliv «1 . .4 .- $ 'r7.02.,. .� _�. , -a 1:45,407 0 0.375 0.75 ,' r •'T r 1 •r4 tt I 0 0.5 1 2km Sources; Esri, HERE, DeLorrno, TomTan. hltermap, Increment GE CO, USGS, FAO, NPS, NRGAN, Ge, IGN, Kadaster M., Survey, Esrl Japan, MET1, Earl Chine (fi jj, swtestopati Meer CponStreeLtap contributors, and the GIS 1,, scan 1.5 m 369 of 398 City of National City Beat 23 Source: Microsoft Mappoint NCPD CAU, 4/18/07 370 of 398 f' alOM �R CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE OF PUBLIC HEARING CONDITIONAL USE PERMIT TO SELL BEER AND WINE AT A NEW RESTAURANT (BROKEN YOLK) TO BE LOCATED AT 3030 PLAZA BONITA RD. STE. 1106 CASE FILE NO.: 2017-15 CUP APN: 564-471-07 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.rn. Monday, July 17, 2017, in the City Council Chambers, Civic Center, 1243 National City Boulevard, National City, California, on the proposed request. (Applicant: Steve Rawlings) The applicant proposes to sell beer and wine with food at a new restaurant to be located at Westfield Plaza Bonita. Operating hours will be 6:00 a.m. to 9:00 p.m. Sunday through Thursday, and 6:00 a.m. to 10:00 p.m. Friday and Saturday. The proposal includes alcohol sales in the outdoor patio area. Information is available for review at the City's Planning Department, Civic Center. Members of the public are invited to comment. Written comments should be received on or before 12:00 p.m., July 17, 2017 by the Planning Department, who can be contacted at 619-336-4310 or olanningCc nationalcityca.gov 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 Planning Commission at, or prior to, the public hearing. NATIONAL CITY PLANNING DEPARTMENT BRAD RAULSTON Deputy City Manager 371 of 398 Item no. July 17, 2017 RESOLUTION NO. 2017-18 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FOR BEER AND WINE SALES AT A NEW RESTAURANT (BROKEN YOLK) LOCATED AT 3030 PLAZA BONITA ROAD SUITE 1106 CASE FILE NO. 2017-15 CUP APN: 564-471-07 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for beer and wine sales at Broken Yolk located at 3030 Plaza Bonita Road Suite 1106 at a duly advertised public hearing held on July 17, 2017, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Commission considered the staff report contained in Case File No. 2017-15 CUP 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 general welfare. NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of National City, California, that the testimony and evidence presented to the Planning Commission at the public hearing held on July 17, 2017, support the following findings: 1. That the proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit and complies with all other applicable provisions of the Land Use Code, because alcohol sales for on -site consumption are a conditionally -allowed use in the Major Mixed Use District. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because alcohoi sales are permitted, subject to a Conditional Use Permit, by the Land Use Code, which is consistent with the General Plan. in addition, a restaurant use is consistent with the Major Mixed -Use land use designation contained in the Land Usc and Community- munity Character (LU) element of the General Plan. Furthermore, the property is not within a Specific Plan area. ATTACHMENT 3 372 of 398 3. That the design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity, because no expansion is proposed, and the use would be accessory to the existing restaurant in the commercial area. 4. That the site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, since the restaurant is existing and the proposed alcohol sales would be accessory to the restaurant use, which is not expected to increase the demand for parking on the property. 5. That granting the permit would not constitute a nuisance or be injurious or detrimental to the public interest, health, safety, convenience, or welfare, or materially injurious to persons, property, or improvements in the vicinity and zone in which the property is located, because the proposed use will be subject to conditions that limit the sale of alcohol and the hours that it will be available; no alcohol will be sold after 10:00 p.m. and will only be available with the sale of food. In addition, all business staff is required to receive Responsible Beverage Service & Sales (RBSS) Training. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because it has been determined that the proposed use is not a project per the Act. There is no calculable increase in traffic and no other impacts are anticipated; therefore, the project would not result in any physical changes to the environment. 7, That the proposed use is deemed essential and desirable to the public convenience or necessity, because alcohol sales will contribute to the viability of a restaurant, an allowed use in the Major Mixed -Use District (MXD-2) zone. 8. That based on findings 1 through 7 above, public convenience and necessity will be served by a proposed use of the property for the retail sales of alcoholic beverages pursuant to law. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit the sale of beer at a new restaurant located at 3030 Plaza Bonita Road Suite 1106. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibit A, Case File No. 2017-15 CUP, dated 5/30/2017). 373 of 398 2. Before this Condition! Use Permit shall become effective, the applicant and the property owner both shall sign and have notarized an Acceptance Form, provided by the Planning Department, acknowledging and accepting all conditions imposed upon the approval of this permit. Failure to return the signed and notarized Acceptance Form within 30 days of its receipt shall automatically terminate the Conditional Use Permit. The applicant shall also submit evidence to the satisfaction of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant shall pay necessary recording fees to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on all present or future interest holders or estate holders of the property. The Notice of Restriction shall be approved as to form by the City Attorney and signed by the Executive Director prior to recordation. 3. This permit shall become null and void if not exercised within one year after adoption of the resolution of approval .unless extended according to procedures specified in Section 18.12.040 of the Municipal Code. 4. This permit shall expire if the use authorized by this resolution is discontinued for a period of 12 months or longer. This permit may also be revoked, pursuant to provisions of the Land Use Codeif discontinued for any lesser period of time. 5. This Conditional Use Permit may be revoked if the operator is found to be in violation of Conditions of Approval. Planning 6. All sellers and servers of alcohol shall receive Responsible Beverage Service and Sales (RBSS) training, including all owners, and managers. The RBSS training must be certified by the Department of Alcoholic Beverage Control (ABC). Proof of completion of an approved RBSS program must be provided prior to issuance of a city business license. As part of the RBSS training, the permittee shall make available a domestic violence training session as provided by the Institute of Public Strategies. 7. The sale of alcohol shall not exceed the sale of food. With the annual renewal of the City business license, the business proprietor shall submit a statement clearly indicating total alcoholic beverage sales and total food sales. Said statement shall be subject to audit and verification by employees of the City, who are authorized to examine, audit and inspect such books and records of the license, as may be necessary in their judgement to verify that the sale of alcohol does not exceed the sale of food. Ail information obtained by an investigation of records shall remain confidential. 8. Alcohol shall be available only in conjunction with the purchase of food. 9. The sale of alcoholic beverages shall be permitted only between the hours of 6:00 a.m. to 9:00 p.m. Sunday through Thursday, and 6:00 a.m. to 10:00 p.m. Friday and Saturday. 374 of 398 BE IT FURTHER RESOLVED that copies of this Resolution be transmitted forthwith to the applicant and to the City Council. BE IT FINALLY RESOLVED that this Resolution shall become effective and final on the day following the City Council meeting where the Planning Commission resolution is set for review, unless an appeal in writing is filed with the City Clerk prior to 5:00 p.m. on the day of that City Council meeting. The City Council may, at that meeting, appeal the decision of the Planning Commission and set the matter for public hearing. CERTIFICATION: This certifies that the Resolution was adopted by the Planning Commission at their meeting of July 17, 2017, by the following vote: AYES: Quintero, Baca, Yamane, Garcia, Sendt, Flores NAYS: None. ABSENT: Dela Paz ABSTAIN: None. PLAZAS: VITA JO?0 PLAZA NATIONAL CI SPACE . 114 DI it ATTACHMENT 4 fia 1 $ $r r»� SS zs 11 i ��L�L6Jtiti V u 376 of 398 CC/CDC-HA Agenda 8/1/2017 — Page 376 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 tha CITY OF NATI 377 of 398 •Y, 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 Summercrest Apartments located at 2721 Plaza Boulevard in National City. PREPARED BY: Carlos Aguirre, Housing & Econ. Dev. Mgr. PHONE: 619 336-4391 EXPLANATION: DEPARTMENT: H sing & Economic Dev. APPROVE Y: 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 378 of 398 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 1 379 of 398 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 Entity Page 2 380 of 398 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 Entity Page 3 381 of 398 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 Entity Page 4 382 of 398 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 Entity Page 5 383 of 398 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 Page 6 384 of 398 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 Entity Page 7 385 of 398 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 Entity Page 8 386 of 398 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 Entity Page 9 387 of 398 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 Page 10 388 of 398 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 Page 11 389 of 398 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 Page 12 390 of 398 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 Page 13 391 of 398 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 14 392 of 398 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 15 393 of 398 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 16 394 of 398 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 17 395 of 398 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 Page 18 396 of 398 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 19 397 of 398 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 20 398 of 398 Attachment No. 1 EXHIBIT A LEGAL DESCRIPTION Subordination Agreement — Governmental Entity Page 21