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NO RESOLUTIONS - 06-19-18 CC HA Agenda
AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY CALIFORNIA NATIONAL CITY VRINCORPORATED RON MORRISON Mayor ALBERT MENDIVIL Vice Mayor JERRY CANO Council»iember MONA RIOS Councilniember ALEJANDRA SOTELO-SOLIS Councilnaeniber 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, JUNE 19, 2018 - 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 1 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 2 the agenda and separately considered upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24-hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. Spanish audio interpretation is provided during Elected Body Meetings. Audio headphones are available in the lobby at the beginning of the meeting. Audio interpretacion en espanol se proporciona durante sesiones del Consejo Municipal. Los audiofonos estan disponibles en el pasillo al principio de la junta. Spanish to English interpretation services are available to members of the public who wish to speak to the City Council during the meeting. "Request to Speak" forms requesting interpretation must be filed within the first two hours of the meeting. Espanol a los servicios de interpretacion Ingles de audio esta disponibles para los miembros del publico que desean hablar con el Ayuntamiento durante del Consejo Municipal. "Solicitud para hablar de" formas solicitud de interpretacion deben ser presentadas dentro de las dos primeras horas del Consejo Municipal. COUNCIL REQUESTS THAT ALL CELL PHONES AND PAGERS BE TURNED OFF DURING CITY COUNCIL MEETINGS. 2 of 647 CC/CDC-HA Agenda 6/19/2018 — 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 1. Philippine Independence Week. AWARDS AND RECOGNITIONS 2. Employee of the Quarter 2018 - Police Officer Kyle Fitchhorn. (Police) PRESENTATIONS 1. Update on San Diego County Regional Airport Authority and San Diego International Airport. (Mark West, San Diego County Regional Airport Authority Board Member and City of Imperial Beach Councilmember) 4. Port of San Diego, Tidelands Activation Program Update. (Charles J. Reilly, Member, Port of San Diego Tidelands Activation Program Committee and Arts, Culture and Design Committee) INTERVIEWS / APPOINTMENTS 5. Interviews and Appointments: Various Boards & Commissions. (City Clerk) CONSENT CALENDAR 6. 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) 7. 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 February 20, 2018 and the Minutes of the Special Meeting 3 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 4 of the City Council of the City of National City of February 27, 2018. (City Clerk) 8. Resolution of the City Council of the City of National City authorizing the Chief of Police to sign a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in the East County Regional Gang Task Force (ECRGTF) Safe Streets Task Force (SSTF), 2) authorizing the acceptance of funds, and 3) authorizing the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide. The ECRGTF require MOUs with the FBI and the San Diego County Sheriffs Department. (Police) 9. Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to sign a Memorandum of Understanding with the County of San Diego (San Diego Sheriff's Department) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF), 2) authorizing the acceptance of funds, and 3) authorizing the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide. (Police) 10. Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with Willis Insurance Services of California, Inc., for insurance brokerage services effective July 1, 2018 with the option to extend by one year increments for up to an additional three years. (Human Resources) 11. Resolution of the City Council of the City of National City: 1) accepting the work performed by Pavement Coatings, Co. for the 18th Street Bicycle Enhancements Project, CIP No. 16-04; 2) approving the final contract amount of $224,982.78; 3) ratifying the release of retention in the amount of $11,249.14; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Contract funded by Federal HSIP grant. (Engineering/Public Works) 12. Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the Sewer Line Replacement and Upsizinq Project, CIP No. 16-05; 2) approving the final contract amount of $2,770,653.96; 3) authorizing the release of retention in the amount of $138,532.70; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Contract funded by Sewer Fund. (Engineering/Public Works) 4 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 5 13. Resolution of the City Council of the City of National City: 1) accepting the work performed by Ace Electric, Inc. for the El Toyon and Las Palmas Lighting Improvements Project, CIP No. 17-01; 2) approving the final contract amount of $813,400.81; 3) ratifying the release of retention in the amount of $40,670.04; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Contract funded by General Fund. (Engineering/Public Works) 14. Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign the West Highland Rowhomes Subdivision Map, Case File Number 2017-08-S. (Engineering/Public Works) 15. Resolution of the City Council of the City of National City, 1) awarding a contract to HMS Construction, Inc. in the not -to -exceed amount of $725,000 for the Highland Avenue Traffic Signal Modifications Project, CIP No. 18-03; 2) authorizing a 15% contingency in the amount of $108,750 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. (Engineering/Public Works) 16. Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279 for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) authorizing a 15% contingency in the amount of $35,891.85 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. (Engineering/Public Works) 17. Resolution of the City Council of the City of National City, 1) awarding a contract to Select Electric, Inc. in the not -to -exceed amount of $797,970 for the Citywide Traffic Signal and ADA Improvements Project, CIP No. 18-05; 2) authorizing a 15% contingency in the amount of $119,695.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. (Engineering/Public Works) 18. Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not -to -exceed amount of $584,676 for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06; 2) authorizing a 15% contingency in the amount of $87,701.40 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. (Engineering/Public Works) 19. Resolution of the City Council of the City of National City, 1) awarding a contract to Preman Roofing and Solar in the not -to -exceed amount of $304,410 for the City Hall Roof Replacement Project, CIP No. 18-08; 2) 5 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 6 authorizing a 15% contingency in the amount of $45,661.50 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing an increase of the Facilities Maintenance Reserve Tier 1 Projects appropriation by $200,000. (Enqineering/Public Works) 20. Resolution of the City Council of the City of National City authorizing the installation of time -restricted "No Parking Street Sweeping" signs on the south side of Eta Street and on the east side of N Highland Avenue between Eta Street and Bucky Lane (TSC No. 2018-08). (Engineering/Public Works) 21. 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. 18th Street, west of "K" Avenue, and 10 feet of red curb "No Parking" east of "K" Avenue, to enhance visibility and access from "K" Avenue onto E. 18th Street (TSC No. 2018-09). (Engineering/Public Works) 22. Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. 16th Street and "J" Avenue to enhance visibility and access from "J" Avenue onto E. 16th Street (TSC No. 2018-10). (Engineering/Public Works) 23. Resolution of the City Council of the City of National City authorizing the establishment of an Engineering Grants Fund appropriation of $50,000 and corresponding revenue budget to complete the right of way phase of the Sweetwater River Bikeway Project, funded by a State Active Transportation Program grant with no matching funds required. (Engineering/Public Works) 24. Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement between the City of National City and Alpha Project for the Homeless to increase the term of the Agreement for one year to continue providing outreach and intervention services for the homeless through June 30, 2019 for a not -to - exceed amount of $120,000. (Neighborhood Services) 25. Resolution of the City Council of the City of National authorizing the Mayor to execute a five year Agreement with Sharp Electronics Corporation for an annual not -to -exceed amount of $69,000 for the lease -purchase and service of twenty multifunction copiers, and execute the State and Government Lease -Purchase Agreement with De Lage Landen Public Finance, LLC, which is attached to the Agreement as Exhibit "B", to finance the lease -purchase. (InformationTechnology) 26. Resolution of the City Council of the City of National City authorizing the establishment of fund appropriations for $446,850 and a corresponding revenue budget for the Housing -Related Parks Program Standard Grant 6 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 7 Agreement No.16-HRPP-11466 to fund further development of Paradise Creek Educational Park. (Housing & Economic Development) 27. Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19. (Planning) 28. Resolution of the City Council of the City of National City approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19. (Planning) 29. Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on July 3, 2018 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19. (Planning) 30. Resolution of the City Council of the City of National City calling for the holding of a General Municipal Election to be held on Tuesday, November 6, 2018, for the election of certain officers, as required by the provisions of the laws of the State of California relating to General Law Cities. (City Clerk) 31. Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on Tuesday, November 6, 2018, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) 32. Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements of qualifications submitted to the voters at the General Municipal Election to be held on Tuesday, November 6, 2018. (City Clerk) 33. National City Sales Tax Update Newsletter - Fourth Quarter 2017. (Finance) 34. Investment Report for the quarter ended March 31, 2018. (Finance) 35. Warrant Register #42 for the period of 04/11/18 through 04/17/18 in the amount of $455,059.74. (Finance) 36. Warrant Register #43 for the period of 04/18/18 through 04/24/18 in the amount of $1,851,239.88. (Finance) 37. Warrant Register #44 for the period of 04/25/18 through 05/01/18 in the amount of $1,937,933.26. (Finance) 7 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 8 38. Warrant Register #45 for the period of 05/02/18 through 05/08/18 in the amount of $1,484,677.70. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 39. Public Hearing and Resolution of the City Council of the City of National City approving or denying a Conditional Use Permit for the substitution of nonconforming use at an existing building located at 1845 East 12th Street. (Applicant: Iona Shari) (Case File 2018-05 CUP) (Planning) 40. Public Hearing and Resolution to confirm the costs and approve the report and account for Weed Abatement, after consideration of any objections or protests regarding abated properties in National City Parcel Numbers 552 241 04 00, 1625 Alpha St.; 554 112 15 00, E. 2nd St.; 554 112 16 00, 3140 E. 2nd St.; 557 101 19 00, 1433-1435 E. 7th St.; 558 022 01 00, 807 Arcadia PI.; 558 320 21 00, Rachael Ave.; 558 320 22 00, 2112 Rachael Ave.; 561 011 08 00, 1205 Highland Ave.; 561 053 10 00, 1107 E. 16th St.; 563 030 04 00, 1236 E. 24th St. per pursuant to National City Municipal Code Section 9.12.020 — Public Nuisance Declared — Weeds and Other Flammable Materials. (Fire) NON CONSENT RESOLUTIONS 41. Resolution of the City Council of the City of National City authorizing the Mayor to execute a 5 year Service Agreement, with the option to extend up to two additional 5 year terms, between the City of National City and EXOS Community Services, LLC to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street, for the not to exceed amount of $520,000 for Fiscal Year 2019. (Community Services) 42. Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2019. (Finance) 43. Resolution of the City Council of the City of National City adopting a budget for fiscal year 2019. (Finance) NEW BUSINESS 44. Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at Sweetwater High School located at 2900 Highland Avenue. (Applicant: Plancom, Inc. for Verizon Wireless) (Case File 2015-17 CUP) (Planning) 45. Temporary Use Permit — World Market sponsored by the National City Chamber of Commerce at Morgan Square every last Sunday of the month beginning June 24, 2018 thru November 25, 2018 with no waiver of fees. (Neighborhood Services) 8 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 9 B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY 46. Resolution of the Community Development Commission -Housing Authority of the City of National City approving the Kimball and Morgan Tower annual budgets ending August 31, 2019 that include a $23 a month per unit increase from $737 to $760 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) PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY 47. Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute a Disposition and Development Agreement with Kimball Tower Housing Associates, L.P., and Morgan Tower Housing Associates, L.P., for the recapitalization and rehabilitation of a 151-unit affordable senior housing tower, known as Kimball Tower, located at 1317 "D" Avenue; and a 152-unit affordable senior housing tower, known as Morgan Tower, which includes the George H. Waters Nutrition Center, located at 1415 "D" Avenue in National City. (Housing & Economic Development) NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS MAYOR AND CITY COUNCIL CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - July 3, 2018 - 6:00 p.m. - Council Chambers - National City, California. City Council Legislative Recess: August 7, 2018 - City Council Meeting - Dispensed With August 21, 2018 - City Council Meeting - Dispensed With 9 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 10 The following page(s) contain the backup material for Agenda Item: Philippine Independence Week. 10 of 647 Item # 06/19/18 PHILIPPINE INDEPENDENCE WEEK Proclamation Forthcoming 11 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 12 The following page(s) contain the backup material for Agenda Item: Employee of the Quarter 2018 - Police Officer Kyle Fitchhorn. (Police) 12 of 647 3 oa44 8 CITY OF NATIONAL CITY MEMORANDUM DATE: May 30, 2018 TO: Leslie Deese, City Manager FROM: Irene Mosley, Interim Human Resources Director SUBJECT: EMPLOYEE OF "1'HE QUARTER PROGRAM The Employee Recognition Program communicates the City's appreciation for outstanding performance. In doing so, it recognizes employees who maintain high standards of personal conduct and make significant contributions to the workplace and community. The employee to be recognized for the 2r'd Quarter of calendar year 2018 is: Police Officer Kyle Fitchhorn By copy of this memo, the employee is invited to attend the Council meeting on Tuesday, June 19th to be recognized for his achievement and service. Attachment cc: Officer Kyle Fitchhorn Chief Rodriguez Sergeant Matt Smith Josie Flores -Clark — Executive Assistant Human Resources — Office File 13 of 647 RECEIVED MAY 2 9 2028 MY OF NATIONAL MY HUMAN RESOURCES DEP..%RT11.FNT NAT" TIT xictimpdpiasy Performance Recognition Award Nomination Form I nominate Rs, Le t r.. mt.%14 tE?[Mry.f for the Performance Recognition Award for the following reasons: Please state reason why your nominee should receive an award, (i.e., examples of service beyond requirements of position, exemplary service to the public, outstanding job performance, etc). Do not to exceed 150 total words. Please be as specific as possible when giving your examples. Officer Fitchhorn initiated a project to combat illegal street racers that are damaging the parking lot to Planet Fitness at 500 Mile of Cars Way on Sunday nights. The racers are drag racing in the lot along with other illegal activity. The property owner met with Officer Fitchhom to complain about the damage and trash left behind. Officer Fitchhorn initiated a project to deal with the problem. Officer Fitchhorn met with allied agencies and planned operations targeting the racers. Officers from National City PD, CHP, and San Diego PD have conducted directed enforcement in the area on three consecutive Sundays resulting in numerous citations, impounds, and arrests. As a result the crowd has dwindled, and the property manager met with a police employee at a recent council meeting and relayed his appreciation for Officer Fitchhom's efforts, which will be continuing until the problem is eliminated. FORWARD COMPLETED NOMINATION TO: National City Performance Recognition Program Human Resources Department Nominated by: S Q tmri%�J r M�+t � S >`r,t Signature: =, 2 •--C Date: oS 12.1 I, E. 14 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 15 The following page(s) contain the backup material for Agenda Item: Update on San Diego County Regional Airport Authority and San Diego International Airport. (Mark West, San Diego County Regional Airport Authority Board Member and City of Imperial Beach Councilmember) 15 of 647 Item # 06/19/18 UPDATE ON SAN DIEGO COUNTY REGIONAL AIRPORT AUTHORITY AND SAN DIEGO INTERNATIONAL AIRPORT Mark West San Diego County Regional Airport Authority Board Member City of Imperial Beach Councilmember 16 of 647 SAN DIEGO INTERNATIONAL AIRPORT LET'S Update on San Diego County Regional Airport Authority and San Diego International Airport Presentation to: National City City Council Presented by: Mark West, Board Member 17 of 647 25 - 20 - 15 - 10 - 5 0 SAN Passengers (Millions) 116.9116.9) 17• 17. 118.4 122I 122.11 2011 2012 2013 2014 2015 2016 2017 18 of 647 E � - 1__ g 4 a) • 1N a_ on S * -mama. RV ./1 uft • Yed• k. rn .0" • ./ 410111R11216001 °-311 "4745171.7r . t 7 ' " 'VI, 4 43' .34/Irirlilt.i.tliellIATVer , 4 1-4..4,314,4,,,k... 1 4 I ., 1, ,rk...r ir* ilki. ,... A', 0 .41$ iii ., FA. 1,t1'i1i4i 0.- 44. •' - ....." 4+4 , 1 I ' I - - "4or AR 20 of 647 V :40;1 ••/- / / ..a112 _ a Ziti °AI" 41 Parking Plaza - 2901 Parking Stalls L179 to zz :1111i - +i1:4,t�t�t�t�t�t�t4 T T1--1-1,,T�_T i. ... J} vttttttt 4'1 1 1 4 1T�tlt�t�t�tlt4,4 T 1TTT1-r-4 + #+*4 IT 7.T 1 I I T i I/ T F� �' tttttttt� 4-1-T-4-4.1'-4- k i*****++fir '�'1�• • • •'$' .1..1..1..1.' i SUUOu3J ezeid ULNJed FIS — T2W Overall Plan Key Project Milestones Collaboration Construction Progress Cost Update / Finance Next Steps 23 of 647 New FIS in Terminal 2 West: • Total Area 135,000 sf (approx.) • BAG -FIRST Processing • 16 Primary Booths • 1,000 PAX/Hour 24 of 647 • Total Area 37,000 sf (approx.) • Traditional 2-Step Processing • 7 Primary Booths • 350 PAX/Hour a) 4.3 • , v) N TO C •,- E 145 1-1 „.„11411' on ai 4-1 •.— •.LL et Th" 141 w otL. - iti; i'• gsi .•• „ 41, • ;-! co "5 Before Construction Construction Progress Main Facility 27 of 647 January 7, 2018 San Diego International Airport (SAN) AIR SERVICE ROUTE MAP 2017-2018 Llhue (LIF- Honolulu (PIN Nana (WA nlxd saran, Gotland LOP San Franatto (5FO) San: Jaw (SJC} Monterey VAR Los Ange SAN DIE (SAN) Varcowrer Los Cabos(SJDI �4 SAN DIEGO INTERNATIONAL AIRPORT LETS G+ London (LIAR) GERMANY Frankfurt (FRA) Zurich (ZRH) a�ston ere York I.Fl) Loonn aaelpho(rny o' DC (AD' Service to FranRfurr, Germany resumes March 2018 arch! Fort Lauderdale O LL) Hml MA) Summer Seasonal service to Zurich, Switzerland rcasumes May 2018 Service to Mexico City effective Nov 2013 O Year-round service -c "Winter seasonal service -0 'Summer seasonal service 12 SAN Potential Air Service Growth 2017-2025 Additional European hubs Additional European seasonal Central America hub South America hub South America extension service Additional Asian hubs Asian seasonal carriers Oceania hub 29 of 647 13 ADP Phase I : 30 Gate Implementation SAN DIEGO 30 of 647 INTERNATIONAL AIRPORT. LET'S 11 OCy S,13-1 ;m z 4G) 12,0 444 4.4444- -1144-1-11-11-8 • 1. worirreir A , 4 Mir._ 711.10444,111,111,1.1104HIMLiMiet • L • 4 LE ' - . f, ',_ 1U i l' ' ; .1 Liiii11:4, i .0- 101 A 411 AIMMIllinrit( ig1111,1111111/11111111111111 -541111111111PIIVI/11!!!!!/;/' • CC/CDC-HA Agenda 6/19/2018 — Page 32 The following page(s) contain the backup material for Agenda Item: Port of San Diego, Tidelands Activation Program Update. (Charles J. Reilly, Member, Port of San Diego Tidelands Activation Program Committee and Arts, Culture and Design Committee) 32 of 647 Item # 06/19/18 PORT OF SAN DIEGO, TIDELANDS ACTIVATION PROGRAM UPDATE Charles J. Reilly Member of the Tidelands Activation Program Committee 33 of 647 1KInionff c[12w ° n mhyrniricQz As of June, 2018 34 of 647 ?)on idelando ciR[VEAolyr?)ToR--Pem 35 of 647 HoNll [Fun��nE He 0 z z FY16/17 FY17/18 Funding & Services History STAFF FY15/16 SERVICES FY15/16 FY16/17 S 954,804 FY17/18 S 650,000 S 648,500 S 650,000 STAFF S 879,272 S1,178,192 TAPAC $ 707,500 BPC $ 732,500 $ 723,500 $ 738,500 $ 726,500 $ 684,000 TAPAC $ 896,272 $ 924,164 $1,189,324 BPC $ 896,272 $ 924,164 $1,189,324 PORTot No.` SAN DIEGO Experiences 36 of 647 L J Fun sla TrEnhaMiono Staff Recommended Direct Funding Mariachi Festival / N.C. Chamber - $55,000 VV Community Events • taff Recommended Direct Funding Aquatic Adventures / N.C. Com. Serv. Dept. $10,000 Bayside Brew & Spirits Fest / N.C. Chamber $5,000 Note: Of 11 "Signature" events underwritten by the Port, only two (2) are outside San Diego city limits. The Mariachi Festival is one. 37 of 647 Fun sla TrEnhaMiono Mariachi Festival / N.C. Chamber Community Events 1 iapac RecOMIM. o pC approwed Aquatic Adventures / N.C. Com. Serv. Dept. $10,000 Bayside Brew & Spirits Fest / N.C. Chamber $5,000 $10,000 $10,000 Note: Of 11 "Signature" events underwritten by the Port, only two (2) are outside San Diego city limits. The Mariachi Festival is one. 38 of 647 UkflOO Sough2 1:% o©©©I Fundo Tidelands Activation Program 2018-19 Requested Funding by City Excludes Holiday Bowl Balloon Parade & Big Bay Boom Fireworks Show Chula Vista $176, 700 11% Coronado r$70,500 4% Imperial Beach $97,500 6% .Multi•City $115,700 San Diego 7% $1,001,209 62% 39 of 647 UkflOO Won Starui Fit 'Om 2, 00 Tidelands Activation Program 2018-19 Staff Recommended Funding by City Excludes Holiday Bowl Balloon Parade & Big Bay Boom Fireworks Show San Diego $74,000 20% Multi -City $55,000 15% Chula Vista $64,500 17% Coronado $51,000 13% Imperial Beach $63,500 17% Mui 40 of 647 SUCCGS2 RsEnGS Tidelands Activation Program 2018-19 80% 70% 60% 50% 40% 30% 20% 10% 0% % of Funding Recommended vs. Requested Excludes Holiday Bowl Balloon Parade & Big Bay Boom Fireworks Show Chub Vista 72% Coronado Imperial Beach Multi -City 44': 7% National City San Diego Note: Of cities requesting at least $1nn1" "'-'tional City has highest success rate (44%). 41 of 647 Pizn Off 21G ,Jgju_-[Tmd, • National City has 3.5% of the population (58.6 M) in the Port's five cities (1.66 MM)* • The Port's Tidelands Activation staff recommended National City for 18% of total TAP direct funding ($70,000) • We were granted $85,000 by the BPC Sources: SANDAG Fast Facts (2010) and Port Tidelands Activation Program Report (2018-19) 42 of 647 CLJT912M PCDn n P-ED:Gcis (Port Arts, Culture and Design Committee) 43 of 647 rchrinE VoT PEZhE nt RAUT8 [In • Completed nationwide search for artist • Will be permanent Port artwork • Massive: 5,900 • ft. - 36 ft. (H) x 166 ft. (W) • $65K+ commission; $40K from Pasha (% for art) • Highly problematic sight lines • Short list of artists developed June 5. Completion: May, 2019. 44 of 647 k Pi©IHCLI2, • Artworks must interpret one or more of these Port identities: — A "working port" with a role in wordwide trade — A "green port" striving for harmony with nature — A "people port'bringing people to the urban edge for recreation and civic interaction 46 of 647 Com Pi II won Comm/1M i Le 47 of 647 L J 0 O O nw©OwamQna [01 • April 21 (Sat.): 10 a.m. - 2 p.m. • Community participates: in wrapping the car • Held at A.R.T.S. • "Hands of the Council" Maaon &pllllthxd o 48 of 647 land �a �3C�I�o °PVVmpDO P'Polen 9•� 1 Under _.,cps An artwork by Randy Walker May 2018-June = ,.i" "Under Wraps" installed (auto salvaged from Pasha) ... 49 of 647 Night view of "Under Wraps" (auto salvaged from Pasha) ... 1_ .._1 h 12 Encd', ( Thank you. ) 51 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 52 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards & Commissions. (City Clerk) 52 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: interviews and Appointments: Various Boards & Commissions (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk PHONE: 619-336-4226 APPROVED BY: k EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Interview and appoint as desired. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Applications 53 of 647 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS June 19, 2018 COMMUNITY AND POLICE RELATIONS COMMISSION - CPRC (Appointing Authority: Mayor, subject to confirmation by City Council) There are three (3) vacancies and two (2)_expired terms on the CP RC. Both incumbents (Gilbert Garcia and Diana Mazola) have requested reappointment. There are no new applicants. Name Interviewed Gilbert Garcia Incumbent Diana Plazola Incumbent LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City Council) There are two (2) vacancies on the Library Board and one new application (Godshalk). Name Interviewed Margaret Godshalk No PLANNING COMMISSION (Appointing Authority: City Council) There is one (1) expired term on the Planning Commission (Maria DeLa Paz) and one (1) new applicant (Zachary Francisco Gomez) who was appointed to PRSCAB in February. The incumbent has requested reappointment which will require a 4/5 vote. Name Interviewed Maria DeLa Paz Incumbent Zachary Francisco Gomez Yes (appointed to PRSCAB in February) TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council) There is one (1) vacancy (Sandy Barajas) on the Traffic Safety Committee and there are no new applicants. VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE (VMFAC) (Appointing Authority: Mayor, subject to confirmation by City Council) There are two (2) unfilled positions on the Veterans and Military Families Advisory Committee. There are four (4) applicants. Name Interviewed Bert Andrade Yes Harald Aranda Yes Victor Barajas Yes Vilavanh Sanginthirath Yes NOTE: Since the establishment of the Veterans and Military Families Advisory Committee (VMFAC) in February of 2017, nine (9) individuals have been appointed to the committee. To date,.five (5) of the nine (9) appointed individuals have come in to take their oath. 54 of 647 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES _ Community & Police Relations Commission* (CPRC) Y. Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board _ Veterans & Military Families Advisory Committee* Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 1`'la r3cp(e-1t Aicik05 GoocS\IaL E-Mail: yYYocishcsik (0) Si�GC,�o�d 46-t- Home Address: 2f 9, 3 CI t° VeJL ktcA Ave Tel. No.: 6 r(q -gS f -S /C r Business Affiliation: Title: Business Address: Tel. No.: Length of Residence in National City: (4) 0 San Diego County: 600 California: 69 9 Educational Background: t,I Sr' ` 13A Py r/11,o 1/Q3 G 5 U- Tea (re 4 7(- a( Occupational Experience: Z-- )(eAir> Professional or Technical Organization Memberships: 'f ( Te-a C._k a ra'Aili Civic or Community Experience, Membership, or Previous Public Service Appointments: N e b f; 4-i cK f r a A' C ek c- E Rork Experience or Special Knowledge Pertaining to Area of Interest: 12-e_ � ,�t, A7- W- 2S y ufs` Have you ever been convicted of a felony crime? No:Yes:_ misdemeanor crime? No: Yes:_ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. Date: ITw,' .e., 6-; Signature: f� Please feel free to provide additional information or letters of endorsement. RECEIVED Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City`IUN 5 201d orriceofthe Gty oerk 2This documents is filed as a public document cli it'LRW 2017 55 of 647 CITY OF NATIONAL CITY APPLICATION FOR APPOINTMENT TO CITY BOARDS, COMMISSIONS, AND COMMITTEES Community & Police Relations Commission* (CPRC) Library Board of Trustees Parks, Recreation & Senior Citizens Advisory Board Veterans & Military Families Advisory Committee* Civil Service Committee 7 Planning Commission Public Art Committee* Traffic Safety Committee ➢ Applicants must be residents of the City of National City except for those marked by an * and all applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: 7- ai rpica/W.:J.6(o Gornz E-Mail: 7�aCGl�ti S5001(', e f�� a , �J j Home Address: ` G Ct E. �'• PA4. Oha i 61 J C 6 Tel. No.: / V (M2 6/6 /2 Business Affiliation: C F eA(123E 4k5 t 561(6)(:Title: , (pc--f EA' Tk.C19) Business Address: (t o fej ,C q)--101 Tel. No.: Length of Residence in National City: g -"ID San Diego County: 214 California: + Educational Background: J V h COY 0��" /26( d' LOB kc, / (oo pause) A ^ OG i lee Occupational Experience: )1 V C )i/ 2rVCV v/ cV l 'r'e004 Clew' `t .I . 4464ftl Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of interest:y ., oyanize 6xe .> yry i'� ;,''; �• ; ! G�2? (fir; f i/c°i50044 .yd;2eA" v• Oirm -z; L(l f)ri,i cocl Q-- bitti141. 1-tave you ever been convicted of a felony crime? No:X Yes: misdemeanor crime? No4 Yes: If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information regarding yes answers to the above two questions. 3 1\1. fir D .1,1;3 Date: 1 Signature: tidy 810/ Plpse,feel free to provide additinj%'_I infor 'ion r letters of endo :-ment, lJ ,,..1,3 Return completed S2pffice of the City Clerk, 1243 National City Blvd., National City, CA 91950 Thank you for your interest in serving the City of National City. 3 This documents is filed as a public document Revised: March 2017 56 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 57 The following page(s) contain the backup material for Agenda Item: Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances considered at this meeting and providing that such Ordinances shall be introduced and/or adopted after a reading of the title only. (City Clerk) 57 of 647 Item # 06/19/18 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) 58 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 59 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 February 20, 2018 and the Minutes of the Special Meeting of the City Council of the City of Nationa 59 of 647 Item # 06/19/18 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 FEBRUARY 20, 2018 AND THE MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF FEBRUARY 27, 2018. (City Clerk) 60 of 647 Book 100 / Page 21 02-20-2018 DRAFT DRAFT DRAFT MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY February 20, 2018 The Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City was called to order at 6:27 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 and Student Representative Erika Gastelum. PLEDGE OF ALLEGIANCE TO THE FLAG BY MAYOR RON MORRISON PUBLIC COMMENTS Hei-ock Kim, Executive Director of the Kim Center for Social Balance, introduced herself and explained the mission of the Kim Center. Yasmin Serrano, a student from El Toyon School, extended an invitation to a fundraising event at her school for sixth grade camp, and sang a song for the Council. Artan Kerieshi, Manager of Walgreens, shared some of the problems experienced at his business by homeless people, and expressed appreciation for the support he received from staff, service providers, and the Police Department, in addressing the problem. Domonique Navarro, Environmental Health Coalition (EHC), made the City Council aware of a grant opportunity for a Safe -Routes to Parks funding grant that the EHC would be applying for and requested support from the Council. ACTION: Motion by Sotelo-Solis, seconded by Rios, to add the item to the agenda. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo- Solis. Nays: Mendivil, Morrison, Cano. Absent: None. Abstain: None. Ted Godshalk, National City, complained about the dangerous driving conditions and poorly maintained public areas in the Harbor District of the City. Jose Estrada, National City, encouraged the City Council to re-examine their priorities and show appreciation for volunteers and the much needed work that they need to do. Jose Rodriguez, National City, expressed surprise and disappointment about the action taken by the City Council to deny volunteers to have name badges and reported on campaign contributions for the Mayor's term limit initiative. 1 61 of 647 Book 100 / Page 22 02-20-2018 PUBLIC COMMENTS (cont.) Claudia Gonzales, National City, expressed disappointment about the conduct, actions and comments that occurred at the September 5th meeting regarding volunteers. Gloria Jean Nieto, National City, shared her complaints about what was done at the last City Council meeting regarding volunteers. Anita Brinkley, National City, came to the meeting to turn in her name badge as a volunteer and expressed her disappointment with the actions and comments of City Council members regarding volunteers. Marisol Natividad, National City, shared the values her father, Luis Natividad, lived by; she expressed her displeasure regarding Council action to remove name badges from City Council volunteers and criticized the Mayor's term limit repeal efforts. Michelle Reynoso stressed the importance and benefits of volunteers and said it is inappropriate to take away or discourage people from having the opportunity serve the community in that capacity. PRESENTATIONS COUNCIL MEETING PRESENTATIONS / AWARDS & RECOGNITIONS 2018 (102-10-13) 1. Update on Port Projects and Activities in National City. (Port Commissioner Robert "Dukie" Valderrama) 2. Introduction to the Harbor Drive Multimodal Corridor Study. (Larry Hofreiter, Program Manager, San Diego Unified Port District) INTERVIEWS / APPOINTMENTS BOARDS & COMMISSIONS ADMIN (101-1-1) 3. Interviews and Appointments: Various. (City Clerk) ACTION: Motion by Morrison, seconded by Cano, to appoint Nadia Nunez to the Public Art Committee and Jess Aguilar -Perez and Mona Minton to the Veterans and Military Families Committee. Carried by unanimous vote. CITY COUNCIL CONSENT CALENDAR ADOPTION OF CONSENT CALENDAR. Item No. 4 (NCMC), Item No. 5 (Minutes), Item Nos. 6 through 8 (Resolution Nos. 2018-22 through 2018-24), Item Nos. 9 through 11 (Reports), Item Nos. 12 through 14 (Warrant Registers). Motion by Sotelo-Solis, seconded by Mendivil, to approve the Consent Calendar, except for Item Nos. 4 and 7. Carried by unanimous vote. 2 62 of 647 Book 100 / Page 23 02-20-2018 CONSENT CALENDAR (cont.) MUNICIPAL CODE 2018 (506-2-33) 4. 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) TESTIMONY: Mr. Andrew McKercher, requested that Ordinance No. 2018-2446 be read in its entirety. ACTION: Motion by Rios, seconded by Sotelo-Solis, to read the text of Ordinance No. 2018-2446. Carried by unanimous vote. APPROVAL OF THE MINUTES (103-2-1) 5. APPROVAL OF THE MINUTES OF THE SPECIAL MEETINGS OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY OF JANUARY 16, 2018 AND FEBRUARY 6, 2018. (City Clerk) ACTION: Approved. See above. CONTRACT (C2010-10) 6. Resolution No. 2018-22. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY WAIVING THE FORMAL BID PROCESS AS ALLOWED BY NCMC SECTION 2.60.110(B) (1) (2), AND AUTHORIZING THE MAYOR TO EXECUTE A FIVE (5) YEAR AGREEMENT WITH THREE EXTENSIONS IN ONE (1) YEAR INCREMENTS BETWEEN THE CITY OF NATIONAL CITY AND SAN DIEGO SPORTS MEDICINE AND FAMILY HEALTH CENTER FOR WELLNESS PROGRAM SERVICES FROM FEBRUARY 20, 2018 TO JUNE 30, 2023, IN AN AMOUNT NOT TO EXCEED $68,030 PER FISCAL YEAR. (Fire) ACTION: Adopted. See above. CONTRACT (C2018-9) 7. Resolution No. 2018-23. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A THREE (3) YEAR AGREEMENT WITH THE EMPLOYMENT DEVELOPMENT DEPARTMENT (EDD) THAT INCLUDES A CONFIDENTIALITY AGREEMENT AND AN INDEMNITY AGREEMENT, FOR THE TOTAL NOT TO EXCEED AMOUNT OF $2,436 PROVIDING THE NATIONAL CITY POLICE DEPARTMENT ACCESS TO EDD'S CONFIDENTIAL EMPLOYER ADDRESS AND CLIENT ADDRESS INFORMATION FOR INVESTIGATIVE PURPOSES. (Police) ACTION: Motion by Rios, seconded by Mendivil to adopt the Resolution. Carried by unanimous vote. 3 63 of 647 Book 100 / Page 24 02-20-2018 CONSENT CALENDAR (cont.) ENGINEERING / PUBLIC WORKS DEPT - GRANTS / REPORTS ADMIN (1104-1-1) 8. Resolution No. 2018-24. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ESTABLISHING APPROPRIATION OF REVENUES AND EXPENDITURES FOR $325,000 IN FEDERAL ACTIVE TRANSPORTATION GRANT FUNDS FOR THE EL TOYON-LAS PALMAS BICYCLE CORRIDOR PROJECT. (Engineering/Public Works) ACTION: Adopted. See above. FINANCIAL MANAGEMENT 2017-2018 (204-1-33) 9. National City Sales Tax Update Newsletter - Third Quarter 2017. (Finance) ACTION: Filed. See above. 10. Investment Transactions for the Month ended November 30, 2017. (Finance) ACTION: Accepted and filed. See above. 11. Investment Report for the Quarter ended December 31, 2017. (Finance) ACTION: Accepted and filed. See above. WARRANT REGISTER JULY 2017 - JUNE 2018 (202-1-32) 12. Warrant Register #27 for the period of 12/27/17 through 01/02/18 in the amount of $1,964,194.70. (Finance) ACTION: Ratified. See above. 13. Warrant Register #28 for the period of 01/03/18 through 01/09/18 in the amount of $680,252.78. (Finance) ACTION: Ratified. See above. 14. Warrant Register #29 for the period of 01/10/18 through 01/16/18 in the amount of $2,608,661.13. (Finance) ACTION: Ratified. See above A recess was called at 8:20 pm The meeting reconvened at 8:25 pm. All members were present. PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS ZONING CHANGE ADMIN (410-1-1) MUNICIPAL CODE 2018 (506-2-33) 15. Ordinance No. 2018-2446. PUBLIC HEARING AND INTRODUCTION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING NATIONAL CITY MUNICIPAL CODE TITLE 18 (ZONING) SECTION 18.30.220(B)(1) REGARDING TELECOMMUNICATIONS FACILITIES. (Applicant: City -Initiated Land Use Amendment) (Case File No. 2018-02 A) (Planning) 4 64 of 647 Book 100 / Page 25 02-20-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) The full text of the Ordinance was read into the record as follows: ORDINANCE NO. 2018 — 2446 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AMENDING TITLE 18 (ZONING), SECTION 18.30.220(B)(1) OF THE NATIONAL CITY MUNICIPAL CODE REGARDING TELECOMMUNICATIONS FACILITIES NOW, THEREFORE, be it ordained by the City Council of the City of National City as follows: Section 1. All protests, if any, against said amendment to the Municipal Code and each of them be and hereby are denied and overruled. Section 2. That Title 18, Section 18.30.220(B)(1) of the National City Municipal Code is amended to read as follows: 18.30.220 Telecommunications facilities. B. Commercial Telecommunication Facilities. 1. Telecommunications facilities, except those located in the City right-of-way, that are permitted through a City Master License Agreement are subject to a conditional use permit and design review, and shall comply with all applicable provisions of this section. RECOMMENDATION: Adopt the Ordinance. STAFF PRESENTATION: Deputy Assistant City Attorney Robby Contraras, Principal Planner Martin Reeder, Telecommunications Consultant Trip May. ACTION: Motion by Sotelo-Solis, seconded by Rios, to open the Public Hearing. Carried by unanimous vote. TESTIMONY: The following individuals spoke against the Ordinance: Sandy Naranjo, Environmental Health Coalition; Jesse Arana, Communication Workers of America; Jose Rodriguez, Saloman Espinoza, Fernanda Flores, San Diego Labor Council; Andrew McKercher, International Brotherhood of Electrical Workers; Janice Reynoso, Roger Pena, Communication Workers of America. ACTION: Motion by Cano, seconded by Mendivil, to close the Public Hearing. There was no vote. Substitute Motion by Sotelo-Solis, seconded by Rios, to continue the Hearing to have additional public comment on the items that were brought up regarding local hire as well as some of the additional fees ...I would actually like to learn more about some of those additional agencies, finding out more additional information for the continuance for this hearing would be great information. There was no vote. Substitute Motion by Cano, seconded by Sotelo-Solis, to deny the Ordinance and create a workshop where all these good people here can address the concerns and start from ground zero. There was no vote. 5 65 of 647 Book 100 / Page 26 02-20-2018 PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS (cont.) ZONING CHANGE ADMIN (410-1-1) MUNICIPAL CODE 2018 (506-2-33) 15. Ordinance No. 2018-2446 (continued) Motion by Cano, seconded by Rios, to close the Public Hearing. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Absent: None. Abstain: None. Motion by Cano, seconded by Rios, that we do not accept this as presented to us by staff, that we do deny it at this time and that we do have a workshop and reach out to everybody. The motion was clarified to be to not introduce the Ordinance. Carried by unanimous vote. NON CONSENT RESOLUTIONS STORM DRAIN / WATER ADMIN (909-1-1) LAND USE PLANNING / MITIGATION (405-10-4) 16. Resolution No. 2018-25. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY MAKING A FINDING OF NO SIGNIFICANT ENVIRONMENTAL EFFECT FOR THE PARADISE CREEK WATER QUALITY AND COMMUNITY ENHANCEMENT PROJECT AND AUTHORIZING THE FILING OF A NOTICE OF DETERMINATION. (Applicant: City of National City) (Case File No. 2018-04 IS) (Planning) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Rios, seconded by Cano, to adopt the Resolution. Carried by unanimous vote. BUDGET FY 2018-2019 (206-1-34) 17. Resolution No. 2018-26. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING VARIOUS FISCAL YEAR 2018 MID -YEAR BUDGET ADJUSTMENTS. (Finance) RECOMMENDATION: Adopt the Resolution. TESTIMONY: None. ACTION: Motion by Mendivil, seconded by Morrison, to adopt the Resolution. Motion by Rios, seconded by Sotelo-Solis, to amend the motion to delete any funding for an election. Motion failed by the following vote, to -wit: Ayes: Rios, Sotelo-Solis. Nays: Mendivil, Morrison, Cano. Absent: None. Abstain: None. Motion to adopt the Resolution carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. 6 66 of 647 Book 100 / Page 27 02-20-2018 NEW BUSINESS TEMPORARY USE PERMITS 2018 (203-1-34) 18. Temporary Use Permit - Wavetec requesting a ninety day extension to use the lot located at 1918 Cleveland Avenue to complete restoration on a 43 ft. sailboat from January 1, 2018 thru March 30, 2018 with no waiver of fees. (Continued from the February 6, 2018 City Council Meeting) (Neighborhood Services) RECOMMENDATION: Review the application for a TUP subject to compliance with all conditions and with no waiver of fees in accordance to City Council Policy 802. TESTIMONY: Paul Ralph, the applicant, responded to questions, provided information about his businesses and requested the permit end date be extended from March 30, 2018 to July 29, 2018. ACTION: Motion by Sotelo-Solis, seconded by Rios, to deny the permit. Substitute Motion by Cano, seconded by Mendivil, to approve the TUP with an extension until July 29th with an added stipulation that no painting be done. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. EXPARTE DISCLOSURE: Member Cano disclosed that he met with the applicant prior to the meeting. BUDGET FY 2018-2019 (206-1-34) 19. Request for Direction regarding City Council Priorities for the City of National City's Fiscal Year 2019 Budget. (Finance) RECOMMENDATION: Staff seeks formal direction from the Council. TESTIMONY: Michelle Reynoso, National City, spoke in favor of the City doing research on the opportunities and challenges of Proposition 54. ACTION: Motion by Mendivil, seconded by Sotelo-Solis, that we move forward with the first four items; homeless, quality of life, economic development and housing opportunities and but not with the cannabis. Substitute motion by Cano, seconded by Mendivil, to move forward with homeless, quality of life and economic development but hold off on housing opportunities at this time do to the upcoming Housing Workshop and exclude cannabis. A friendly amendment was accepted by the maker and second, to change the word "encourage" to "consider" regarding economic development. The maker of the substitute motion and the second, withdrew their support for the friendly amendment. Substitute motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. Motion by Mendivil, seconded by Sotelo-Solis, to approve the remainder of the items. Carried by unanimous vote. 7 67 of 647 Book 100 / Page 28 02-20-2018 NEW BUSINESS (cont.) GRANGER HALL ADMIN (702-12-1) 20. Presentation of Granger Music Hall Feasibility Study and Recommendation to Submit Request to the San Diego Unified Port District (SDUPD) to Include Relocation Project in Planned Expansion of Pepper Park. Further Recommend Including the Contribution of Land Sale Net Proceeds from Granger Music Halls Existing Location to Assist in Funding the SDUPD Capital Project. (Engineering/Public Works & City Manager) RECOMMENDATION: Direct staff to submit a proposal to the SDUPD for relocation, site preparation and rehabilitation of Granger Music Hall to the Marina District with the offer of net proceeds from the existing site's land sale. TESTIMONY: Janice Martinelli, National City, spoke in support of the plan. ACTION: Motion by Rios, seconded by Sotelo-Solis, to approve the proposal submittal. Carried by unanimous vote. B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY C. REPORTS STAFF REPORTS PLANNING & BUILDING DEPT ADMIN (1104-1-10) 21. Update on Wine Tasting Rooms and Craft Distilleries. (Planning) 22. Update on the Kick Off of San Diego Association of Governments (SANDAG) Regional Housing Needs Allocation (RHNA) Process. (Planning) ENGINEERING / PUBLIC WORKS DEPT — GRANTS / REPORTS ADMIN (1104-1-1) 23. Update on Proposed CIP Needs Assessment Workshop. (Engineering/Public Works) MAYOR AND CITY COUNCIL Member Mendivil clarified his position from the previous City Council meeting on homelessness; the importance of the Alpha Project and the need to enforce laws when necessary. ACTION: Motion by Mendivil, seconded by Morrison, to direct staff to review what other cities are doing and bring back a draft code of ethics, conduct or decorum. Carried by the by the following vote, to - wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. 8 68 of 647 Book 100 / Page 29 02-20-2018 MAYOR AND CITY COUNCIL (cont.) Member Sotelo-Solis expressed her objections regarding the need for a code of ethics and reported on the Championship efforts of the Sweetwater Basketball team. Member Rios thanked the public for their attendance and encouraged their continued participation; said she would not support the special election to overturn and reset the Mayor's term limit; inquired about Police Department efforts to insure school safety and reported that the wife of Mr. Eddie Juarez passed away. Member Cano expressed condolences for the families in Florida who suffered loss in the school shooting; requested that staff contact the Principal of Kimball School to hear hear concerns about the adjacent park and praised the Police Department for handling an incident he witnessed. Mayor Morrison spoke about Public Oral Communication at the beginning of the meetings and how people can say anything they want and don't have to back it up with facts and expressed his belief that there was a lot of misinformation and misstatements made during Public Oral at the meeting tonight. MAYOR ADMIN / AGENDA ITEMS (102-14-2) 24. Discussion of Contractor Responsibility Ordinance. (Mayor Ron Morrison) ACTION: Motion by Morrison, seconded by Sotelo-Solis, to refer to staff for review and recommendations. Carried by unanimous vote. CLOSED SESSION REPORT City Attorney Angil Morris -Jones reported that there were two matters of potential litigation. One was simply a report to the City Council with no action taken. Regarding the second matter, direction and authorization was given by the City Council by a four to one vote, with Council Member Cano voting "No". (See attached Exhibit `L') . ADJOURNMENT Motion by Sotelo-Solis, seconded by Mendivil, to adjourn the meeting to the next Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday — March 6, 2018 - 6:00 p.m. - Council Chambers - National City, California. Carried by unanimous vote. Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - March 6, 2018 - 6:00 p.m. - Council Chambers - National City, California. The meeting closed at 12:26 a.m. City Clerk The foregoing minutes were approved at the Regular Meeting of June 19, 2018. 9 69 of 647 Mayor EXHIBIT `L' L <- CALIFORNIA -0 NATION ° _L CJTV. a wsy INCORPORATE° AGENDA OF A SPECIAL MEETING CITY COUNCIL OF THE CITY OF NATIONAL CITY Main Conference Room Civic Center 1243 National City Boulevard National City, California Special Meeting - Tuesday, February 20, 2018 — 6:00 p.m. ROLL CALL CITY COUNCIL CLOSED SESSION 1. Conference with Legal Counsel — Potential Litigation Potential Exposure to Litigation under Government Code Section 54956.9(e)(1): Two Cases ADJOURNMENT Next Regular City Council Meeting: Tuesday, February 20, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. 10 70 of 647 Book 100 / Page 30 02-27-2018 DRAFT DRAFT DRAFT MINUTES OF THE SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY February 27, 2018 The Special Meeting of the City Council of the City of National City was called to order at 4:02 p.m. by Mayor / Chairman Ron Morrison. ROLL CALL Council / Board Members present: Cano, Mendivil, Morrison, Rios, Sotelo-Solis Administrative Officials present: Dalla, Deese, Morris -Jones, Raulston, Stevenson. OPEN SESSION PUBLIC COMMENTS Members retired into Closed Session at 4:03 p.m. CLOSED SESSION CITY COUNCIL 1 Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, and Lilia Munoz Employee Organization: Police Officers' Association 2. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Eddie Kreisberg, Mark Roberts, Robert Hernandez, and Lilia Munoz Employee Organization: Fire Fighters' Association 3. Conference with Labor Negotiators — Government Code Section 54957.6 Agency Designated Representatives: Stacey Stevenson, Eddie Kreisberg, Jose Tellez, Mark Roberts, and Lilia Munoz Employee Organization: Municipal Employees' Association OPEN SESSION Members reconvened in Open Session at 6:08 p.m. All members were present. REPORTS AND COMMENTS — None MAYOR AND CITY COUNCIL Member Mendivil: Motion by Mendivil, seconded by Morrison, to direct the City Attorney to prepare all necessary Resolutions to be put on the March 6th agenda to authorize placing any and all National City local initiatives that have been certified by the County 11 71 of 647 Book 100 / Page 31 02-27-2018 MAYOR AND CITY COUNCIL (cont.) Registrar of Voters on the Statewide June 5th Primary Election and for the City Council to call for an order and election. City Clerk Dalla cautioned the City Council that taking action on the motion before them may be in violation of section 54956 (a) of the Brown Act regarding Special Meetings which reads in part that "the call and notice (of a special meeting) shall specify the time and place of the special meeting and the business to be transacted or discussed. No other business shall be considered at these meetings by the legislative body". The subject matter before the Council is not listed on the Special Meeting Notice or agenda. City Attorney Morris -Jones stated that the City Council has adopted a policy that during their `comment period' they can direct staff. This is a direction to staff, not an action item. This is about the policy that states that during the `comments' section of the agenda, three councilmembers can direct staff to add items to a future agenda. City Clerk Dalla agreed that the City Council policy and practice for directing that items be added to a future agenda is permitted under section 54954 of the Brown Act which applies to Regular Meetings, however the rules are different for a Special Meeting. The motion was restated to be, to direct the City Attorney to prepare all necessary Resolutions to be put on the March 6th Agenda to authorize placing any and all National City local initiatives that have been certified by the County Registrar of Voters on the Statewide June 5th Primary Election for the City Council to call for and order an election. Motion carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison. Nays: Rios, Sotelo-Solis. Absent: None. Abstain: None. Member Sotelo-Solis encouraged members of the public to attend the City Council meeting on March 6th; spoke about the approval of term limits by 70% of the voters in 2004 and said she was opposed to spending $70,000 for a special election. Member Rios said she was disappointed with what transpired at the meeting with no one present, which demonstrates a great lack of transparency and disappointed in seeing the kind of governance taking place in the city. She said it was a sad day. Member Cano said no one knows if it will pass or not but he wanted to invite his followers and a broad diverse group to come to the next meeting, not just the same old group, to tell us what they want. Member Cano provided information on the new restaurant opening on Mile of Cars Way. CLOSED SESSION REPORT - There was nothing to report. ADJOURNMENT Motion by Mendivil, seconded by Cano, to adjourn to the next Regular Meeting of the City Council and Community Development Commission — Housing Authority of the City of National City to be held Tuesday, March 6, 2018 at 6:00 p.m. at the Council Chambers, National City, California. Carried by the following vote, to -wit: Ayes: Cano, Mendivil, Morrison, Rios. Nays: Sotelo-Solis. Absent: None. Abstain: None. 12 72 of 647 Book 100 / Page 32 02-27-2018 ADJOURNMENT (cont.) Next Regular City Council Meeting: Tuesday, March 6, 2018, 6:00 p.m., City Council Chambers, Civic Center — National City, California. The meeting closed at 6:34 p.m. City Clerk The foregoing minutes were approved at the Regular Meeting of June 19, 2018. Mayor 13 73 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 74 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Chief of Police to sign a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in the East County Regional Gang Task Force (ECRGTF) Safe Stre 74 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: ;June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Chief of Police to sign a Memorandum of Understanding with the Federal Bureau of Investigation (FBI) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF), 2) authorizing the acceptance of funds, and 3) authorizing the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide. The ECRGTF require MOUs with the FBI and the San Diego County Sheriffs Department. PREPARED BY: Manuel Rodriguez, Chief of Police, PHONE: Ext. 4511 EXPLANATION: DEPARTMENT: Police APPROVED BY: If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Memorandum o 4. nderstanding with the FBI to participate in the East County Regional Gang Task Force — Safe Streets Task Force (EC R TF-SSTF). The FBI and the County of San Diego oversee the task force and both require separate MOUs. This resolution is to sign the MOU with the FBI. The ECRGTF-SSTF will identify and target for prosecution criminal enterprise groups responsible for crimes of violence and the apprehension of dangerous fugitives where there may be a federal interest. In addition, the ECRGTF-SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The National City Police Department will dedicate one Police Investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime. Overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits for State and Local Overtime Reimbursements. In furtherance, the assigned Investigator will be provided the use of a FBI owned vehicle during the time that investigator is assigned to the ECRGTF-SSTF. The duration of the MOU is ongoing, contingent to funding for the program. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11663-3470 Expense: 290-411-663-1* APPROVED: APPROVED: (Other State Grants) $17,548 (Personnel) $17,548 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: IFBI MOU Resolution 75 of 647 FOR OFFICIAL USE ONLY 1 FEDERAL BUREAU OF INVESTIGATION EAST COUNTY REGIONAL GANG TASK FORCE (ECRGTF) SAFE STREETS TASK FORCE (SSTF) MEMORANDUM OF UNDERSTANDING PARTIES This Memorandum of Understanding (MOU) is entered into by and between the Federal Bureau of Investigation (FBI) and the National City Police Department (NCPD). Nothing in this MOU should be construed as limiting or impeding the basic spirit of cooperation which exists between these agencies. AUTHORITIES 1. Authority for the FBI to enter into this agreement can be found at Title 28, United States Code (U.S.C.), Section (§) 533; 42 U.S.C. § 3771; Title 28, Code of Federal Regulations (C.F.R.), § 0.85; and applicable United States Attorney General's Guidelines. PURPOSE 2. The purpose of this MOU is to delineate the responsibilities of the East County Regional Gang Task Force participants, maximize inter -agency cooperation, and formalize relationships between the participating agencies for policy guidance, planning, training, public and media relations. This MOU is not intended, and should not be construed, to create any right or benefit, substantive or procedural, enforceable at law or otherwise by any third party against the parties, the United States, or the officers, employees, agents, or other associated personnel thereof. MISSION 3. The mission of the SSTF is to identify and target for prosecution criminal enterprise groups responsible for drug trafficking, money laundering, alien smuggling, crimes of violence such as murder and aggravated assault, robbery, and violent street gangs, as well as to intensely focus on the apprehension of dangerous fugitives where there is or may be a federal investigative interest. The SSTF will enhance the effectiveness of federal/state/local law enforcement resources through a well -coordinated initiative seeking the most effective investigative/prosecutive avenues by which to convict and incarcerate dangerous offenders. SUPERVISION AND CONTROL A. Supervision FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters_ 76 of 647 FOR OFFICIAL USE ONLY 2 4. Overall management of the SSTF shall be the shared responsibility of the participating agency heads and/or their designees. 5. The Special Agent it Charge (SAC) of the San Diego Division shall designate one Supervisory Special Agent (SSTF Supervisor) to supervise the SSTF. The SSTF Supervisor may designate a Special Agent to serve as the Safe Streets Task Force Coordinator (Task Force Coordinator), overseeing the day-to-day operational and investigative matters pertaining to the SSTF. 6. Responsibility for conduct, not under the direction of the SAC, SSTF Supervisor, or Task Force Coordinator of each SSTF member, both personally and professionally, shall remain with the respective agency head and each agency shall be responsible for the actions of its respective employees. 7. Each SSTF member will be subject to the laws, regulations, policies, and personnel rules applicable to his or her respective agency. FBI participants will continue to adhere to the Bureau's ethical standards, including Department of Justice (DOJ)/FBI regulations relating to outside employment and prepublication review matters, and will remain subject to the Supplemental Standards of Ethical Conduct for employees of the DOJ. 8. Each SSTF member will continue to report to his or her respective agency head for non -investigative administrative matters not detailed in this MOU. 9. Continued assignment to the SSTF will be based on performance and at the discretion of each SSTF member's respective supervisor. The FBI SAC and SSTF Supervisor will also retain discretion to remove any member from the SSTF_ B. Case Assignments 10. The FBI SSTF Supervisor will be responsible for opening, monitoring, directing, and closing SSTF investigations in accordance with existing FBI policy and the applicable United States Attomey General's Guidelines. 11. Assignments of cases to personnel will be based on, but not limited to, experience, training and performance, in addition to the discretion of the SSTF Supervisor. 12. For FBI administrative purposes, SSTF cases will be entered into the relevant FBI computer system. 13. SSTF members will have equal responsibility for each case assigned. SSTF personnel will be totally responsible for the complete investigation from predication to resoiution. C. Resource Control FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 77 of 647 FOR OFFICIAL USE ONLY 3 14. The head of each participating agency shall determine the resources to be dedicated by that agency to the SSTF, including personnel, as well as the continued dedication of those resources. The participating agency head or designee shall be kept fully apprised of all investigative developments by his or her subordinates. OPERATIONS A. Investigative Exclusivity 15. it is agreed that matters designated to be handled by the SSTF will not knowingly be subject to non-SSTF law enforcement efforts by any of the participating agencies. It is incumbent on each agency to make proper internal notification regarding the SSTF's existence and areas of concern. 16. It is agreed that there is to be no unilateral action taken on the part of the FBI or participating agencies relating to SSTF investigations or areas of concern as described in paragraph 3. Ail law enforcement actions will be coordinated and cooperatively carried out. 17. SSTF investigative leads outside of the geographic areas of responsibility for FBI San Diego Division will be communicated to other FBi offices for appropriate investigation. B. Informants 18. The disclosure of FBI informants to non-SSTF members will be limited to those situations where it is essential to the effective performance of the SSTF. These disclosures will be consistent with applicable FBI guidelines. 19. Non -FBI SSTF members may not make any further disclosure of the identity of an FBI informant, including to other members of the SSTF. No documents which identify, tend to identify, or may indirectly identify an FBI informant may be released without prior FBI approval. 20. In those instances where a participating agency provides an informant, the FBI may, at the discretion of the SAC, become solely responsible for the informant's continued development, operation, and compliance with necessary administrative procedures regarding operation and payment as set forth by the FBi. 21. The United States Attomey General's Guidelines and FBI policy and procedure for operating FBI informants and cooperating witnesses (CWs) shall apply to all FBI informants and CWs opened and operated in furtherance of SSTF investigations. Documentation of, and any payments made to, FBI informants and CWs shall be in accordance with FBI policy and procedure. 22. Operation, documentation, and payment of solely state, county, or local informants and CWs opened and operated by non -FBI SSTF members in furtherance of SSTF FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 78 of 647 FOR OFFICIAL USE ONLY 4 investigations must be in accordance with the United States Attorney General's Guidelines. Documentation of state, county, or local informants and CWs opened and operated in furtherance of SSTF investigations shall be maintained at an agreed to location. C. Reports and Records 23. All investigative reporting will be prepared in compliance with existing FBI policy. Subject to pertinent legal and/or policy restrictions, copies of pertinent documents created by each member of the SSTF will be made available for inclusion in the respective investigative agencies' files as appropriate. 24. SSTF reports prepared in cases assigned to state, county, or local participants will be maintained at an FBI approved location; original documents will be maintained by the FBI. 25. Records and reports generated in SSTF cases which are opened and assigned by the FBI SSA with designated oversight for investigative and personnel matters will be maintained in the FBI investigative file for SSTF. 26. SSTF investigative records maintained at the San Diego Field Office of the FBI will be available to all SSTF members, as well as their supervisory and command staff subject to pertinent legal, administrative and/or policy restrictions. 27. All evidence and original tape recordings (audio and video) acquired by the FBI during the course of the SSTF investigations will be maintained by the FBi. The FBI's rules and policies governing the submission, retrieval and chain of custody will be adhered to by SSTF personnel. 28. All SSTF investigative records will be maintained at an approved FBI location. Placement of all or part of said information into participating agency files rests with the discretion of supervisory personnel of the concerned agencies, subject to SSA approval. 29. Classified information and/or documents containing information that identifies or tends to identify an FBI informant shall not be placed in the files of participating agencies unless appropriate FBI policy has been satisfied. 30. The Parties acknowledge that the information that members will be able to access as a result of this MOU may contain information about U.S. persons, which may be protected by the Privacy Act of 1974 and/or Executive Order 12333. The Parties expressly agree that all such information will be handled lawfully pursuant to the provisions thereof. The Parties further agree that if this access to information by the members requires a change in privacy compliance documents, those changes will be accomplished prior to access being granted. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 79 of 647 FOR OFFICIAL USE ONLY 5 INFORMATION SHARING 31. No information possessed by the FBI, to include information derived from informal communications by the SSTF member with personnel of the FBI, may be disseminated by the SSTF member to non-SSTF personnel without the approval of the SSTF Supervisor and in accordance with the applicable laws and internal regulations, procedures or agreements between the FBI and the participating agencies that would permit the participating agencies to receive that information directly. Likewise, the SSTF member will not provide any participating agency information to the FBI that is not otherwise available to it unless authorized by appropriate participating agency officials. PROSECUTIONS 32. SSTF investigative procedures, whenever practicable, are to conform to the requirements which would allow for either federal or state prosecution. 33. A determination will be made on a case -by -case basis whether the prosecution of SSTF cases will be at the state or federal level. This determination will be based on the evidence obtained and a consideration of which level of prosecution would be of the greatest benefit to the overall objectives of the SSTF. 34. in the event that a state or local matter is developed that is outside the jurisdiction of the FBI or it is decided to prosecute a SSTF case at the state or local level, the FBI agrees to provide all relevant information to state and local authorities in accordance with all applicable legal limitations. A. investigative Methods/Evidence 35. For cases assigned to an FBi Special Agent or in which FBI informants or CWs are utilized, the parties agree to conform to federal standards concerning evidence collection, processing, storage, and electronic surveillance. However, in situations where the investigation will be prosecuted in the State Court where statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by FBI case agents shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. 36. In all cases assigned to state, county, or local law enforcement participants, the parties agree to utilize federal standards pertaining to evidence handling and electronic surveillance activities as outlined in the Domestic Investigations and Operations Guide to the greatest extent possible. However, in situations where the statutory or common law of the state is more restrictive than the comparable federal law, the investigative methods employed by state and local law enforcement agencies shall conform to the requirements of such statutory or common law pending a decision as to venue for prosecution. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 80 of 647 FOR OFFICIAL. USE ONLY 6 37. The use of other investigative methods (search warrants, interceptions of oral communications, etc.) and reporting procedures in connection therewith will be consistent with the policies and procedures of the FBI. B. Undercover Operations 38. All SSTF undercover operations will be conducted and reviewed in accordance with FBI guidelines and the Attorney General's Guidelines on Federal Bureau of Investigation Undercover Operations. All participating agencies may be requested to enter into an additional agreement if a member of the participating agency is assigned duties which require the officer to act in an undercover capacity. DEADLY FORCE AND SHOOTING INCIDENT POLICIES 39. Members of the SSTF will follow their own agency's policy concerning firearms discharge and use of deadly force. DEPUTATIONS 40. Local and state law enforcement personnel designated to the SSTF, subject to a limited background inquiry, may be sworn as federally deputized Special Deputy United States Marshals, with the FBI securing the required deputation authorization. These deputations should remain in effect throughout the tenure of each investigator's assignment to the SSTF or until the termination of the SSTF, whichever comes first. 41. Deputized SSTF members will be subject to the rules and regulations pertaining to such deputation. Administrative and personnel policies imposed by the participating agencies will not be voided by deputation of their respective personnel. VEHICLES 42. In furtherance of this MOU, employees of LEA may be permitted to drive FBI owned or leased vehicles for official SSTF business and only in accordance with applicable FBI rules and regulations, including those outlined in the FBI Manual of Administrative Operations and Procedures (MAOP), Part I, Section 3.1. The assignment of an FBI owned or leased vehicle to a LEA SSTF member will require the execution of a separate Vehicle Use Agreement. 43. The participating agencies agree that FBI vehicles will not be used to transport passengers unrelated to SSTF business. 44. The FBI and the United States will not be responsible for any tortious act or omission on the part of LEA and/or its employees or for any liability resulting from the use of an FBI owned or leased vehicle utilized by an LEA SSTF member, except where liability may fall under the provisions of the Federal Tort Claims Act (FTCA), as discussed in the Liability Section herein below. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 81 of 647 FOR OFFICIAL USE ONLY 7 45. The FBI and the United States shall not be responsible for any civil liability arising from the use of an FBI owned or leased vehicle by an LEA task force member while engaged in any conduct other than his or her official duties and assignments under this MOU. 46. To the extent permitted by applicable law, LEA agrees to hold harmless the FBI and the United States, for any claim for property damage or personal injury arising from any use of an FBI owned or leased vehicle by an LEA SSTF member which is outside the scope of his or her official duties and assignments under this MOU. SALARY/OVERTIME COMPENSATION 47. The FBI and LEA remain responsible for all personnel costs for their SSTF representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency, except as described in paragraph 48 below. 48. Subject to funding availability and legislative authorization, the FBI will reimburse to LEA the cost of overtime worked by non-federal SSTF members assigned full-time to SSTF, provided overtime expenses were incurred as a result of SSTF-related duties, and subject to the provisions and limitations set forth in a separate Cost Reimbursement Agreement to be executed in conjunction with this MOU. A separate Cost Reimbursement Agreement must be executed between the FBI and LEA for full-time employee(s) assigned to SSTF, consistent with regulations and policy, prior to any reimbursement by the FBI. Otherwise, overtime shall be compensated in accordance with applicable LEA overtime provisions and shall be subject to the prior approval of appropriate personnel. PROPERTY AND EQUIPMENT 49. Property utilized by the SSTF in connection with authorized investigations and/or operations and in the custody and control and used at the direction of the SSTF, will be maintained in accordance with the policies and procedures of the agency supplying the equipment. Property damaged or destroyed which was utilized by SSTF in connection with authorized investigations and/or operations and is in the custody and control and used at the direction of SSTF, will be the financial responsibility of the agency supplying said property. FUNDING 50. This MOU is not an obligation or commitment of funds, nor a basis for transfer of funds, but rather is a basic statement of the understanding between the parties hereto of the tasks and methods for performing the tasks described herein. Unless otherwise agreed in writing, each party shall bear its own costs in relation to this MOU. Expenditures by each party will be subject to its budgetary processes and to the availability of funds and resources pursuant to applicable laws, regulations, and policies. The parties expressly acknowledge that the above language in no way implies that Congress will appropriate funds for such expenditures. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 82 of 647 FOR OFFICIAL USE ONLY 8 FORFEITURES 51. The FBI shall be responsible for processing assets seized for federal forfeiture in conjunction with SSTF operations. 52. Asset forfeitures will be conducted in accordance with federal law, and the rules and regulations set forth by the FBI and DOJ. Forfeitures attributable to SSTF investigations may be equitably shared with the agencies participating in the SSTF. DISPUTE RESOLUTION 53. In cases of overlapping jurisdiction, the participating agencies agree to work in concert to achieve the SSTF's objectives. 54. The participating agencies agree to attempt to resolve any disputes regarding jurisdiction, case assignments, workload, etc., at the field level first before referring the matter to supervisory personnel for resolution. MEDIA RELEASES 55. All media releases and statements will be mutually agreed upon and jointly handled according to FBI and participating agency guidelines. 56. Press releases will conform to DOJ Guidelines regarding press releases. No release will be issued without FBI final approval. SELECTION TO SSTF AND SECURITY CLEARANCES 57. If an LEA candidate for the SSTF will require a security clearance, he or she will be contacted by FBI security personnel to begin the background investigation process prior to the assigned start date. 58. If, for any reason, the FBI determines that an LEA candidate is not qualified or eligible to serve on the SSTF, the participating agency will be so advised and a request will be made for another candidate. 59. Upon being selected, each candidate will receive a comprehensive briefing on FBI field office security policies and procedures. During the briefing, each candidate will execute non -disclosure agreements (SF-312 and FD-868), as may be necessary or required by the FBI. 60. Before receiving unescorted access to FBI space identified as an open storage facility, SSTF members will be required to obtain and maintain a 'Top Secret" security clearance. SSTF members will not be allowed unescorted access to FBI space unless they have received a Top Secret security clearance. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 83 of 647 FOR OFFICIAL USE ONLY 9 61. Upon departure from the SSTF, each candidate will be given a security debriefing and reminded of the provisions contained in the non -disclosure agreement previously agreed to by the SSTF member. LIABILITY 62. The participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the SSTF. 63. The participating agency shall immediately notify the FBI of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the SSTF or otherwise relating to the SSTF. The participating agency acknowledges that financial and civil liability, if any and in accordance with applicable law, for the acts and omissions of each employee detailed to the SSTF remains vested with his or her employing agency. In the event that a civil claim or complaint is brought against a state or local officer assigned to the SSTF, the officer may request legal representation and/or defense by DOJ, under the circumstances and pursuant to the statutes and regulations identified below. 64. For the limited purpose of defending against a civil claim arising from alleged negligent or wrongful conduct under common law under the FTCA, 28 U.S.C. § 1346(b), and §§ 2671-2680: An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request to be certified by the Attomey General or his designee as having acted within the scope of federal employment at the time of the incident giving rise to the suit. 28 U.S.C. § 2679(d)(2). Upon such certification, the officer will be considered an "employee" of the United States government for the limited purpose of defending the civil claim under the FTCA, and the claim will proceed against the United States as sole defendant. 28 U.S.C. § 2679(d)(2). Once an individual is certified as an employee of the United States for purposes of the FTCA, the United States is substituted for the employee as the sole defendant with respect to any tort claims. Decisions regarding certification of employment under the FTCA are made on a case -by -case basis, and the FBI cannot guarantee such certification to any SSTF member. 65. For the limited purpose of defending against a civil claim arising from an alleged violation of the U.S. Constitution pursuant to 42 U.S.C. § 1983 or Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388 (1971): An officer who has been specially deputized and who is named as a defendant in a civil action as a result of or in connection with the performance of his or her official duties and assignments pursuant to this MOU may request individual -capacity representation by DOJ to defend against the claims. 28 C.F.R. §§ 50.15, 50.16. Any such request for individual -capacity representation must be made in the form of a letter from the individual defendant to the U.S. Attorney General. The letter should be provided to Chief Division Counsel (CDC) for the FBI San Diego Division, who will then FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 84 of 647 FOR OFFICIAL USE ONLY 10 coordinate the request with the FBI Office of the General Counsel. In the event of an adverse judgment against the individual officer, he or she may request indemnification from DOJ. 28 C.F.R. § 50.15(c)(4). Requests for DOJ representation and indemnification are determined by DOJ on a case -by -case basis. The FBI cannot guarantee the United States will provide legal representation or indemnification to any federal, state or local law enforcement officer. 66. Liability for any conduct by an SSTF member undertaken outside of the scope of his or her assigned duties and responsibilities under this MOU shall not be the responsibility of the FBI or the United States and shall be the sole responsibility of the respective employee and/or agency involved. DURATION 67. The term of this MOU is for the duration of the SSTFs operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. 68. Any participating agency may withdraw from the SSTF at any time by written notification to the SSA with designated oversight for investigative and personnel matters or program manager of the SSTF at least 30 days prior to withdrawal. 69. Upon termination of this MOU, all equipment provided to the SSTF will be returned to the supplying agency/agencies. In addition, when an entity withdraws from the MOU, the entity will return equipment to the supplying agency/agencies. Similarly, remaining agencies will return to a withdrawing agency any unexpended equipment supplied by the withdrawing agency during any SSTF participation. MODIFICATIONS 70. This agreement may be modified at any time by written consent of all involved agencies. 71. Modifications to this MOU shall have no force and effect unless such modifications are reduced to writing and signed by an authorized representative of each participating agency. FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 85 of 647 FOR OFFICIAL USE ONLY 11 SIGNATORIES John A. Brown Special Agent in Charge San Diego Division Federal Bureau of Investigation Manuel Rodriguez Chief National City Police Department Law Enforcement Agency Chief Division Counsel San Diego Division Federal Bureau of Investigation Date Date Date FOR OFFICIAL USE ONLY This document is the property of the FBI and is loaned to your agency. Neither it nor its contents may be released without authorization by FBI Headquarters. 86 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 87 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to sign a Memorandum of Understanding with the County of San Diego (San Diego Sheriff's Department) to participate in the East County Regional Gang Task Force ( 87 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: 'Resolution of the City Council of the City of National City 1) authorizing the Chief of Police to sign a Memorandum of Understanding with the County of San Diego (San Diego Sheriff's Department) to participate in the East County Regional Gang Task Force (ECRGTF) — Safe Streets Task Force (SSTF), 2) authorizing the acceptance of funds, and 3) authorizing the establishment of an appropriation and corresponding revenue budget for overtime up to the amount of $17,548 per fiscal year. The ECRGTF-SSTF conducts criminal investigations to identify and target criminal enterprise groups responsible for drug trafficking, money laundering and crimes of violence to include robbery and homicide.. PREPARED BY: ;Manuel Rodriguez, Chief of Police PHONE: Ext, 4511 DEPARTMENT: Police ar EXPLANATION: APPROVED BY: // If the Resolution is approved by the City Council, it will allow the Chief of Police to sign a Memorandum of,,/Understanding with the County of San Diego (San Diego Sheriffs Department) to participate in the East County Regional Gang Task Force — Safe Streets Task Force (ECRGTF-SSTF). The FBI and the County of San Diego oversee the task force and both require separate MOUs. The ECRGTF-SSTF will identify and target for prosecution criminal enterprise groups responsible for crimes of violence and the apprehension of dangerous fugitives where there may be a federal interest. In addition, the ECRGTF-SSTF will enhance the effectiveness of the federal/state/local law enforcement resources through well -coordinated information sharing/investigative/prosecutorial avenues. The National City Police Department will dedicate one Police Investigator to the task force. For the purposes of the MOU, each participating agency is responsible for providing its respective personnel assigned to the ECRGTF-SSFT with salaries, benefits and overtime. Overtime will be reimbursed up to the amount of $17,548 per year as set forth by the Notice of Limits for State and Local Overtime Reimbursements. In furtherance, the assigned Investigator will be provided the use of a FBI owned vehicle during the time that investigator is assigned to the ECRGTF-SSTF. The duration of the MOU is ongoing, contingent to funding for the program. FINANCIAL STATEMENT: ACCOUNT NO. Revenue: 290-11663-3470 Expense: 290-411-663-1 * APPROVED; APPROVED: (Other State Grants) $17,548 (Personnel) $17,548 No net financial impact. Revenues off -set expenses. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: 'Approve Resolution.' BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: County of San Diego MOU Resolution 88 of 647 East County Regional Gang .Task Force Memorandum of Understanding Revised January 2012 89 of 647 MEMORANDUM OF UNDERSTANDING East County Regional Gang Task Force This Memorandum of Understanding (MOU) is being executed by the below listed agencies in connection with the East County regional Gang Task Force (ECRGTF) originally initiated January 2006. This document is to be applied as the updated and revised MOU effective on or about September 1, 2011. All previous versions will no longer be applicable. The agencies listed below jointly and severally agree to abide by the terms and provisions of the MOU throughout the duration of this joint operation. The participating agencies are as follows: • San Diego County Sheriff's Department • San Diego County DistrictAttorney's Office • San Diego County Probation Department • El Cajon Police Department • La Mesa Police Department • Federal Bureau of investigation • Pedant] Bureau of Alcohol, Tobacco and Firearms • United States Department of the Treasury — Internal Revenue Service, Criminal Investigation • United States Immigration and Customs Enforcement, Homeland Security Investigations • California Department of Corrections and Rehabilitation • California Highway Patrol Purpose and Mission The purpose of this revised MOU is to formalize the framework of cooperation, coordination and collaboration between all participating agencies of the Task Force. This document also addresses the United States Department ofJustice designation of "Safe Streets Task Force" as applied to the East County Regional Gang Task Force with the 2008 inclusion of the Federal Bureau of Investigation as a member agency. The mission of this Task Force is to identify and target for prosecution organized criminal groups; and their members responsible for: Crimes of violence including, but not limited to murder, robbery, aggravated assault; drug trafficking, money laundering, alien smuggling, human trafficking and other criminal activity to benefit the organization or criminal street gang through acquisition of wealth and power. The Task Force will rrrii7 criminal intelligence analysts and crime analysis resources ofmember agencies in an effort to identify criminal enterprises and criminal street gangs. An -emphasis of the Task Force's in : , a efforts will be on the identification, arrest, and prosecution of members and associates of 'randfiatiWits, and the dismantling and disruption of said organizations. ECRGTF - 2012 90 of 647 Page 1 GENERAL AGREEMENT It is agreed upon between participants: 1. PARTICIPANTS The ECRGTF will be comprised of sheriffs deputies, police officers from the cities of La Mesa and El Cajon and the California Highway Patrol, county probation officers, state parole agents, district attorney investigators, and federal agents with the FBI, ATF, IRS and HSI; and prosecuting attorneys from the offices of the district attorney and the U.S. Attorney. 2. EXECUTIVE COMMITTEE The ECRGTF shall be headed by an Executive Committee. Members of the committee will include the Chief Executive Officer (CEO) or his or her designee from each of the participating agencies. These members shall meet annually to discuss operations and provide oversight and guidance to the Coordinating Committee. Additional meetings may be convened at the request of any participating agency CEO as necessary. 3. COORDINATING COMMITTEE The Coordinating Committee will consist of representatives from each participating agency as designated by the CEO/Executive Committee member of that agency. The Coordinating Committee will assist the Task Force Coordinator in obtaining resources including funds, personnel, equipment, vehicles and other items required to support the overall mission. The Coordinating Committee will also assist the Task Force Coordinator in the development of the administrative procedures, and investigative objectives and strategies. The Coordinating Committee will assist the Coordinator in the preparation of reports for presentation to the Executive Committee. The Coordinating Committee shall meet as necessary, but may convene more often as necessary. 4. TASK FORCE COORDINATOR The Task Force Coordinator is designated as a sheriff's lieutenant sniped to the Special Investigations Division of die San Diego County Sheriffs Department. The coordinator is directly accountable to the Executive Committee. The Task Force Coordinatbor wiii interact with other Task Force Coordinators with dr Violent Crimes Taste Forces The Task Force Coordinator wr'1l prepare a niantluiy written report of ongoing and completed investigations for dissemination to the Executive and Coordinating Committees. 5, ISSUE RESOLUTION Operational issues should be resolved at the lowest level possible beginning with investigators •and primary supervisors. If no mutually acceptable resolution is possible, the Task Force Coordinator will present the issue to the Coordinating Committee for resolution. • ECRGTF - 2012 91 of 647 Page 2 6. PERSONNEL A. INVESTIGATORS The components ofthe East County Regional Gang Task Force will be staffed by personnel recommended for assignment to the task force by participating agencies. It the Task Force Coordinator has cause to replace a member, the issue will be discussed with the participating agency's representative to the Coordinating Committee. If the contributing agency does not concur with the decision ofthe Task Force Coordinator, the issue will be forwarded to the Coordinating Committee for a final decision. Participating agencies may rotate their assigned investigators as necessary to comply with their agencies' policies and procedures. Each participating agency agrees to supply the following equipment to each investigator assigned by that agency. • A fully maintained undercover vehicle • A radio capable of communicating with the parent agency's communications system • A cellular phone • All safety equipment including firearms) and body armor B. CLERICAL Personnel shall be provided to this task force to facilitate normal administrative and clerical duties associated with an investigative unit. One Office Assistant will be provided by the Sheriffs Department, and one Support Services Technician (SST) will be provided by the FBI. C. PAYROLL The salaries and benefits of all personnel assigned to the ECRGTF will be paid by their respective parent agencies. Overtime may be reimbursable to participating agencies through federal Safe Streets Task Force budgeted assignments and other federal or state grants currently funding special operations. Otherwise, all overtime expended will be the responsibility of each participating agency. Each agency is responsible for any liability arising out of worker's compensation or similar claims by its employees. D. AGENCY COMMITMENT Each agency will provide the following level of staffing; • San Diego CormlySherif: Department One MI time sheriff's lieutenant (Task Force Coordinator) One full time sheriffs sergeant (Task Force Supervisor) Six full time detectives ECRGTF-2012 92 of 647 Page 3 • San Diego County Probation Department: One full time probation officer One liaison probation officer • San Diego County District Attorney's Of'ice: One fall time investigator One prosecuting attorney • El Cajon Police Department: One full time detective • La Mesa Police Department: One full time detective • California Department ofCorrections and Rehabilitation: One agent One Liaison SSU investigator • Federal Bureau of Investigations (FBD: One full time supervising special agent (SSA) Eight full time special agents • Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (AM: I One full time special agent One part time liaison special agent • United States Department ofHomelandSecw iy,, Immigration and Customs Enforcement, Homeland Security Investigations: One full time special agent • United StatesAttorney's Office: One liaison assistant U.S. Attorney • United Stales Department of the Treasury, Internal Revenue Service- Criminal Investigations One full time special agent • California Highway Patrol One full time investigator ECRGTF- 2012 93 of 647 Page 4 7, INVESTIGATIVE STRATEGY The routine investigative strategy regarding case development and direction will be the responsibility of the Task force Coordinator. The offices ofthe district attorney and the U.S. attorney should be consulted regularly for legal opinions and guidance. ft is intended that full use be made of the "vertical prosecution" pry and mandatory sentencing laws. This is interpreted to mean that task force supervisors and investigators/agents will communicate with the assigned attorney at the earliest logical moment in an investigation to coordinate and build a case from inception through final adjudication. 8. PROSECUTIVE STRATEGY Criminal cases which present only violations of California law shall be presented to the deputy district attorney assigned to the task force. Criminal cases which present only violations of federal law shall be presented to the assistant U.S. attomey designated to the task force. Cases which present violations to both state and federal statute shall be presented to both offices to determine the appropriate form in which to prosecute the case. 9. LIABILITY Each party to this MOU agrees to the extent possible under federal and state law to assume financial responsibility for any Liabilities created as a result ofthe acts or omissions of the parties' own employees. 10. HOUSING The San Diego County Sheriffs Department agrees to provide housing for the ECRGTF. The sheriffs department will provide routine maintenance and repairs, as well as water and power service. The sheriff's department will be responsible for custodial and telephone services. 11. EQUIPMENT The procurement and allocation of resources is the responsibility of the Task force Coordinator. The Coordinating Committee will provide support as required. An inventory shall be kept of all equipment loaned to the task force by participating agencies. If the task force disbands, or if the agency ends its participation, the equipment will be returned to the supplying agency. I2. STANDARD OPERATING PROCEDURE (SOP) All task force members shall review and abide by the SOP manual prepared by the Coordinating Committee with oversight from the Executive Committee. The SOP shall specify policies and procedures for the task force. Members of the task force will also be responsible for compliance to their parent agency's Policies and Procedures. ECRGTF-2012 94 of 647 Page 5 13. ASSET FORFEITURE The FBI shall be responsible for the processing of assets seized for federal forfeiture in conjunction with SSTF operations. Asset forfeitures will be conducted in accordance with Federal law, and the rules and regulations set forth by the FBI and Department ofJustice (DOJ). Forfeitures attributable to SSW investigations may be distributed among the participating agencies according to prior agreement among all member agencies generally based on a percentage ratio of member agency participants versus the total number of participants. Forfeitures attributable to the Department of the Treasury deemed by the United States Attorneys Office and the Internal Revenue Service to be shared with the local agencies will be distributed among the participating agencies according to prior agreement between all member agencies. Forfeitures attributable to cases managed at the local level will be distributed among the participating agencies according to prior agreement between all rnetnber agencies. 14. MEDIA Ali press releases pertaining to the ECRGTF will be mutually agreed upon and jointly bandied according to participating agency guidelines. Media releases related to SSTF investigations will conform to DO! guidelines.and will not be issued without FBI final approval. 15. TERM OF AGREEMENT The original agreement was effective January 09, 2006 which will remain in effect pending the approval of this updated MOU. Once approved by the Executive Committee, this MOU will be the governing document and fully replace all prior versions. One year from the commencement date of this agreement, and annually thereafter, the Task Force Coordinator will present a report to the Executive Committee detailing the efforts of the task force in meeting its purpose and mission. Participating agencies may elect to terminate the agreement by providing written notification to the Executive Committee. Termination shall take effect not less than 30 days after receipt of written notification, or upon a date established by mutual agreement Additional agencies requesting inclusion to the East County Regional Gang Task Force will be recognized by signing this agreement as an addendum to the MOU. ECRGTF-2012 95 of 647 Page 6 • MACKJ CHIEF P County of 16. SIGNATORY AUTHORITY The undersigned represent that they have the authority to execute this agreement Oil behalf of their respective agencies by signing this agreement. They represent a concurrence with and support the East County Regional Gang Task Force, as set forth in this agent. ifia,;‘,,, a a WILLIAM D. GORE SHERIFF County of San Diego R ONNIE DUMANIS DISTRICT A : Y County of Sa u�r'� �► "BA v .N •; Diego JIM REDMAN CHIEF OF POLICE City of El Cajon BD ACEVES CHCEP OF POLICE City of La Mesa JIM = ELE v*0, Date Date Date Date DP/I ' ON CHIEF Date Cali •, , is Highway Patrol Bonder Division b41/2- D3Eo9 12- ECRGTF-2012 96 of 647 Page 7 SPECIAL AGENT IN CHARGE Federal Bureau of Investigation San Diego Field Office Sear .¢r� ►�.r a w4,, — JOHN A. TORRES SPECIAL AGENT IN CHARGE Bureau of Alcohol, Tobacco, Firearms and Explosives Los Angeles Field Division LESLIE P. DE MARCO SPECIAL AGENT IN CHARGE U.S. Department of the Treasury Internal Revenue Service Criminal Division Los Angeles Field Division SPECIAL AGENT IN CHARGE„ SAN DIEGO Department of Homeland Security Immigration and Customs Enforcement Homeland Security Investigations ANTHONY CHAUS CHIEF Department of Corrections and Rehabilitation Office of Correctional Safety LAURA E. DUFFY UNITED STATES ATTO Southern District of California L2-.. /Z.. Keith Slotter Date Date Date Date atif I 1— D ECRGTF- 2012 97 of 647 Page 8 17. Addendum to Signatory Authority: Between the completion of this document and the gathering of signatures of approval, a new Special Agent in Charge ofthe ATF Los Angeles Field Division was assigned. This addendum is hereby incorporated into the original Memorandum of Understanding for the East County Regional Gang Task Force. Steven J. Bogdalek SPECIAL AGENT IN CHARGE Date Bureau of Alcohol, Tobacco, Firearms and Explosives Los Angeles Field Division ECRGTF - 2012 98 of 647 Page 9 18. Addendum to Participating Agencies: Pursuant to Section 15 of the East County Regional Gang Task Force Memorandum of Understanding ("MOU"), the City of National City, through the National City Police Department ("National City"), is hereby added as a participant to the MOU. National City will provide one full-time detective, effective October 1, 2017 and shall continue until terminated pursuant to Section 15 of the MOU. This addendum is hereby incorporated into the MOU. NATIONAL CITY POLICE DEPARTMENT Date Manuel Rodriguez, Chief Date William D. Gore, Sheriff San Diego County Sheriffs Department Party Terminated Participation Date Adolfo Gonzales, Chief Probation Officer San Diego County Probation Department Walt Vasquez, Chief La Mesa Police Department Date Date Jim Abele, Chief California Highway Patrol Border Division Party Terminated Participation Date Derek Benner, Special Agent in Charge Dept. of Homeland Security Immigration and Customs Enforcement/HSI Date Adam Braverman, U. S. Attorney U. S. Attorneys Southern District of California Approved as to form and legality: Date Summer Stephan, District Attorney San Diego County District Attorney Date Douglas Williford, City Manager City of El Cajon Party Terminated Participation Date Steven J. Bogdalek, Special Agent in Charge Bureau of Alcohol, Tobacco, Firearms and Explosives (Los Angeles Field Division) Party Terminated Participation Date Anthony Chaus, Chief Dept. of Corrections and Rehabilitation Office of Correctional Safety Date John Brown, Special Agent in Charge Federal Bureau of Investigation San Diego Field Office Party Terminated Partici ation Date Leslie P. DeMarco, Special Agent in Charge U. S. Department of the Treasury IRS Criminal Division (L. A. Field Division) Mark Day, Senior Deputy San Diego County Counsel Date 99 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 100 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 execute a two-year Agreement with Willis Insurance Services of California, Inc., for insurance brokerage services effective July 1, 2018 with the option to extend by one 100 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a two-year Agreement with Willis Insurance Services of California, Inc., for insurance brokerage services effective July 1, 2018 with the option to extend by one year increments for up to an additional three years, PREPARED BY: Irene Mosley, Interim Human Resources Director DEPARTMENT: H9man Resources PHONE: 336-4309 APPROVED BY: EXPLANATION: In an effort to evaluate the competitiveness and effectiveness of our current insurance broker services, off initiated a Request for Proposals (RFP) process in April 2018. In all, four (4) responses to the RFP were received. After reviewing the proposals, three (3) firms were invited to interview with a subcommittee, which included an employee from the benefit staff, three (3) union representatives, and an outside.consultant. The proposed firm, Willis Insurance Services of California, Inc., was selected based upon their understanding of the industry in general, their comprehensive package of broker services and the staff support the firm has been able to provide to the City, as they are the City's current brokerage firm. Under the terms of the proposed agreement, the firm will be paid on a commission basis, consistent with typical industry practices, with contract duration of two years with the ability to extend in one year increments for up to- an additional three years. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS Fees will be paid on a commission basis. Premiums are paid to the City's benefit providers. In turn, the providers pay a commission fee to the City's broker. Premiums are charged to departments based on a fixed cost distribution schedule, ENVIRONMENTAL REVIEW: This is not a project and is therefore not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Recommend Resolution Approval. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Agreement 101 of 647 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND WILLIS INSURANCE SERVICES OF CALIFORNIA, INC. THIS AGREEMENT is entered into on this 1st day of July 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and WILLIS INSURANCE SERVICES OF CALIFORNIA, INC., a California corporation, d.b.a. "Willis Towers Watson" (the "CONSULTANT"). RECITALS WHEREAS, the CITY desires to employ a CONSULTANT to provide Insurance Brokerage Services. WHEREAS, the CITY has determined that the CONSULTANT is an insurance broker and 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 insurance brokerage services, 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, 2018. The duration of this Agreement is for the period of July 1, 2018 through June 30, 2020. This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions through June 30, 2023. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. The CONSULTANT will perform those insurance brokerage services as set forth in the attached Exhibit "A". Disclosures applicable to CONSULTANT'S provision of these services are described in Exhibit "C". 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 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 102 of 647 and confer for the purpose of negotiating a corresponding reduction or increase in thecompensation associated with said change in services. 4. PROJECT COORDINATION AND SUPERVISION. The Human Resources Director or his/her designee is hereby designated as the Project Coordinator for the CITY 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. Jesus Mendoza thereby is designated as the Project Director for the CONSULTANT. 5. COMPENSATION AND PAYMENT. The compensation for the CONSULTANT shall be based on monthly broker commissions built into the employee benefit plans CONSULTANT. CONSULTANT's commission is based upon percentages negotiated with the various insurance companies, and paid directly to the CONSULTANT by various insurance companies. The commission percentages and annual dollar equivalents shall be disclosed to CITY annually. CONSULTANT's commission shall not exceed current commission percentages being paid for plan year 2017 as described in Exhibit "13". The CONSULTANT's compensation may be revised if the City requests a change in the Coverages and/or Services during the Tenn of this Agreement, and if both parties enter into a written agreement documenting any change in Coverages, Services, or compensation. In addition, if there is a material change in the risk or exposure base, or the overall number of employees, both parties may revise the compensation, in writing, upon further discussion. The CONSULTANT shall maintain all, documents, papers accounting records, and other evidence pertaining to commission received, and shall make such materials available to CITY at all reasonable times during the term of this Agreement and for 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 ofperformance 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. Standard Agreement Revised July 2017 Page 2 of 12 103 of 647 Cit} of National City and Willis Insurance Services of California, Inc. 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 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. AU 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. Standard Agreement Revised July 2017 Page 3 of 12 104 of 647 City of National City and Willis Insurance services of California, Inc. 10. COMPLIANCE WITII 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 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 Standard Agreement Revised July 20l Page 4 of 12 105 of 647 City of National City and Willis Insurance Ser ices of California, Inc. 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, that this indemnification and hold harmless shall not include any claims or liability arising from the established direct 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 shalt 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 Standard Agreement Revised Jul) 20l 7 Page 5 of 12 106 of 647 City of National City and Willis Insurance Services of California, Inc. 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 attomey'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. 1 If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence and in the annual aggregate 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 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 occurrence.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. 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. Best endevors will be made to 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. Standard Agreement Revised July 2017 Page 6 of 12 107 of 647 Cit) of National City and 'Willis Insurance Services of California, Inc. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date must be on or before the date of this Agreement. G. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California Except for Professional Liability / Errors and Omissions insurance, which is currently underwritten by the Willis Towers Watson Group's Captive insurer, that has not been rated by A.M. Best Company or other NRRO, all other insurance required shall be underwritten with responsible insurance companies of recognized standing and having an A.M. Best's Rating of at least "A-" or better. 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 certificatc(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 t'rn,s 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. 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 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 Standard Agreement Revised July 2017 Page 7 of 12 108 of 647 City of National City and Willis Insurance Services efCalifornia, Inc. 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 Iess 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 ding 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: Standard Agreement Revised July 20/ 7 Page 8 of 12 109 of 647 City of National City and Willis Insurance Services of California, Inc. To CITY: Human Resources Director Human Resources Department City of National City 140 East 12th Street, Suite A National City, CA 91950-4301 To CONSULTANT: Jesus Mendoza Associate Director, Willis Towers Watson 4250 Executive Square, Suite 900 La Jolla, CA 92037 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. 2 L CONFLICT OF INTEREST AND POLITICAL REFORM ACT OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform services or. 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 terns 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, standard Agreement Revised July 2017 Page 9 of 12 110 of 647 Cit) of National City and Willis Insurance Services of California, Inc. 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 shall auto-matically 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. 1. Audit. if this Agreement exceeds ten -thousand dollars ($10,000), the parties shall be subject to the examination and audit of the State Auditor 'Or a period of three (3) years after final payment under the Agreement, per Government Code Section 8546.7. r. 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. Standard Agreement Page 10 of 12 City of National City and Revised July 2017 Willis Insurance Services of California, Inc. 111 of 647 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 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. 24. Broker Services Agreement Addendum. CONSULTANT shall abide by the Broker Services Agreement Addendum attached to this Agreement as Exhibit "C," and incorporated herein. [END OF AGREEMENT — SYGNATU.RES APPEAR ON NEXT PAGE] Standard Agreement Revised July 2017 Page 11 of 12 112 of 647 City of Nalinnal City and Willis Insurance Services of California, Inc. 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: Roberto M. Contreras Deputy City Attorney WILLIS INSURANCE SERVICES OF CAI.IFORNIA, INC. , a California corporation, d.b.a. "Willis owers Watson" (Corporation— signatures o two co . era required) By: (Title) By: lljkatk, (N ) ffki, e Safi{ (Print) L 11A141( (Title) Standard Agreement Page 12 of 12 Revised July 2017 113 of 647 City of National City and Willis insurance Services of California, Inc. Exhibit A Scope of Services CONSULTANT agrees to perform consulting services as required by CITY. CONSULTANT shall provide the necessary qualified personnel to perform the services. In performance of the services CONSULTANT services include: 1. Strategic Planning • Assist in defining and prioritizing strategic health & welfare plan objectives • Assist in the evaluation of internal technical capabilities to determine increased/improved applications for administrative processes • Identify underperforming vendor relationship • Assess carrier/vendor customer service levels • Develop project action timelines • Periodic review of employee demographics • Assist in the development of an employee survey and provide an executive summary detailing results • Discuss relevant benchmarking data 2. Financial Analysis • Perform financial review and analysis of experience reports • Assess current funding arrangements for appropriateness and make recommendations as needed • Evaluate current costs of benefits versus effectiveness of plan design • Analyze utilization data and cost containment results of medical management (where applicable) • Forecast projected benefit costs to include maximum exposure • Prepare experience reviews as directed • Assist in developing appropriate employee contribution levels • Perform trend analysis from available diagnostic and normative data 3. Renewal • Analyze and negotiate renewals with vendors • Review vendor renewal methodology, experience data, and assumptions for accuracy and logic • Compare vendor renewal with Willis Towers Watson (WTW) projections • Develop and present alternative plan designs and provisions with associated financial and member impact analysis • Finalize program design, rates, and fees a minimum of 60 days prior to effective date • Prepare an accurate renewal document with recommendations for delivery to senior management (as needed) 4. Marketing • Develop plan specification based on feedback from strategic planning meeting • Jointly determine list of vendors best suited to meet plan goals and objectives • Develop vendor performance guarantees with monetary penalties as necessary • Assist in the review of current electronic data transfer processes with vendors • Perform pre -marketing evaluation of census data, network service areas, and administrative needs a Evaluate carrier client support services • Evaluate vendor financial ratings and accreditation • Review provider network accessibility/employee match • Perform critical analysis and comparison of plan features and costs • Assist in the scheduling of selected finalist site visits Exhibit A - Page 1 t'7 114 of 647 4. Marketing (continued) • Assist in conducting finalist negotiations • Prepare and submit a summary report with recommendations to management • Assist in the notification of all bidders as to the final outcome 5. Annual Enrollment • Assist in the planning of employee meetings, round tables, and health seminars • Provide guidance on delivering a comprehensive communication strategy • Introduce workable technology solutions for communications and enrollment where appropriate • Coordinate vendor sponsored communication material e. Compliance • Provide legislative updates as needed • Review plan documents and summary plan descriptions for regulatory compliance from a non -legal perspective (client would need to retain legal advice) • Provide access to periodic web casts compliance sessions 7. Account Management Services • Serve as a liaison between the client and all Insurance companies/vendors • Monitor administrative process and assist in the smooth resolution of elevated issues • Act as an employee/employer advocate in the resolution of ongoing claims issues • Audit, confirm, and manage all changes in legal documents (contracts, policies, SPDs, etc.) • Review plan performance as directed • Review and provide guidance of diagnostic data • Identify and monitor potential catastrophic claims • Review large claims management activity • Review network utilization Exhibit 8 Fees Consultant compensation is based on commissions built into the benefit plans as follows: Line of Coverage Commission Medical (HMOIHDHP) 3% Medical (Senior Advantage) 0% Dental (DHMO) 0% Dental (PPO) 2% Voluntary Vision (PPO) 10% sliding scale Basic Life/AD&D 15% Voluntary LifefAD&D 15% Short Term Disability 15% Long Term Disability 15% Voluntary Accident 15% Voluntary Critical Illness 15% Employee Assistance Plan 0% Flexible Spending Accounts $1.00 PPPM COBRA Services 0% New lines of coverage placed by consultant will include standard commissions. Additional services consultant will fund for The City: Service Approximate Anticipated Cost Annual Health Fair & Food $3,100 Open Enrollment Brochures $350 Mobile Wallet Card $450 Benefit Administration Platform $15,500 COBRA Administrative Services $3,200 Exhibit fi - PS CrP I +Il 1 116 of 647 Exhibit C Broker Services Agreement Addendum The following disclosure is made by Willis Insurance Services of California, Inc., ("we" or "us") to The City of National City ("you"), in connection with the agreement for insurance brokerage services ("Servims") entered into between the parties. Before we bind the specific insurance coverage you desire to purchase we will disclose to you in writing: (a) a summary of all quotes and indications we sought and received with certain pertinent Information, or, if you prefer, a copy of all quotes and indications we sought and all quotes or indications we received in connection with that coverage; (b) any interest we may have in, or contractual arrangements we may have with, any of the prospective insurers; and (c) the maximum amount or percentage rate of compensation which we, our parent companies, subsidiaries or affiliates, may receive in connection with the placement of the insurance coverage; and we will obtain your written consent to the amount or rate of compensation we will receive before coverage is bound. You understand and agree that you shall make final decisions with respect to underwriting submissions and all matters relating to your insurance coverage, risk management, and loss control needs and activities. We will procure the insurance coverage chosen by you, prepare insurance binders, and review and transmit policies to you. We will assess the financial soundness of the insurers we recommend to provide your coverages based on publicly available information, including that produced by well -recognized rating agencies. Upon request, we will provide you with our factual analysis of such insurers. We cannot, however, guarantee or warrant the solvency of any insurer or any intermediary that we may use to place your coverage. We will review all policies and endorsements delivered to us by insurers or intermediaries for the purpose of confirming their accuracy and conformity to negotiated specifications and your instructions and advise you of any errors in, or recommended changes to, such policies. You agree that you will also review all policies and endorsements delivered to you and advise us of any questions you have or of any document or provision that you discover which you believe may not be in accordance with your instructions. We will meet, as requested by you, with your representatives to explain coverage and policies. We will promptly respond to your requests for coverage information, analysis of changing market conditions, and assistance in developing procedures for handling loss exposures, and assist you in reporting subsequent changes in underwriting information to insurance companies, We will inform you of the reporting requirements for claims, including where claims should be reported and the method of reporting to be used, if applicabre. Pleas carefully review any claims -reporting instructions or information we provide you because failure to timely and properly report a claim may jeopardize coverage for the claim. in addition, you should retain copies of alf insurance policies and coverage documents as well as claims -reporting instructions after termination of the policies because in some cases you may need to report claims after termination of a policy, Prior to binding we will also seek your written consent to the actual commission we will earn from each carrier as required by the Assurance of Discontinuance with the Attorney General of the State of New York. Only the Fee is in addition to the net premium paid for the Coverage's. Exhibit Commissions are paid by insurers from the premiums you pay and are earned by us for the entire policy period at the time we place policies for you. If any insurer requires us to receive commissions in regard to any of the Coverages which are inconsistent with the provisions above, we will promptly notify you of such commissions and seek your written consent to receive them. Our compensation may be revised if you request a change in the coverages and/or services during the term of this Agreement and we enter into a written agreement documenting any change in Coverages, Services and Compensation. In some eases the use of a wholesale broker may be beneficial to you. We will not directly or indirectly knowingly place or renew your insurance business through a wholesale broker unless we first disclose to you in writing: (a) any interest we have in, or any contractual agreements we have with, the wholesale broker; and (b) any alternatives to using the wholesale broker; and (c) any compensation we or our corporate parents, subsidiaries or affiliates will receive as a result; and obtain your consent to do so. If we expect to recommend the use of a wholesale broker, any compensation we or our corporate parents, subsidiaries or affiliates will receive as a result is also included in the total compensation provided for in the brokerage agreement between the parties. Other parties such as underwriting managers or managing general agents may also earn and retain usual and customary commissions for their roles in providing insurance products and services to you_ if any such parties are corporate parents, subsidiaries or affiliates of ours, any compensation we or our corporate parents, subsidiaries or affiliates will receive is included in the total compensation provided for in the brokerage agreement between the parties. You may choose to use a premium finance company, property appraiser, structured settlement firm or other similar service provider in connection with the insurance coverages we place for you or the Services we provide to you. if you elect to use a service provider from which we or our corporate parents, subsidiaries or affiliates will reoeive any compensation directly or indirectly relating to the services you purchase from the provider, we will disclose additional information regarding that compensation to you before you make a final decision to use the service provider. In the ordinary course of business we may also receive and retain interest on premiums you pay from the date we receive the funds until we pay them to the insurers or intermediaries. As an insurance intermediary, we normally act for you. However, we or our corporate parents, subsidiaries or affiliates may provide services to insurers for some insurance products. These services may include (a) acting as a managing general agent, program manager or in other similar capacities which give us binding authority enabling us to accept business on their behalf and immediately provide coverage for a risk; (b) arranging lineslips or similar facilities which enable an insurer to bind business for itself and other insurers; or (c) managing lineslips for insurers. Contracts with these insurers may grant us certain rights or create certain obligations regarding the marketing of insurance products provided by the insurers. We may place your insurance business under such a managing general agent's agreement, binding authority, Iineslip or similar facility when we reasonably consider that these match your insurance Exhibit - Pare 9 of 3 118 of 647 requirements/instructions. When we intend to do so, we shall inform you and disclose the contractual arrangements we have with the insurer in accordance this disclosure. We may also provide reinsurance brokerage services to insurers with which your coverage is placed pursuant to separate agreements with those insurers. We may be compensated by the insurers for these services in addition to any compensation we may receive for placement of your insurance coverages. The insurance market is complex, and there could be other relationships which are not described in this document which might create conflicts of interest. Notwithstanding any possible conflict which might exist, we will act in your best interests at all times in providing the Services to you. If a conflict arises for which there is no practicable way of complying with this commitment, we will promptly inform you and withdraw from the engagement, unless you wish us to continue to provide the Services and will provide your written consent. Prices on the Services specified herein are exclusive of all federal, state and local sales, use, excise, receipts, gross income and other simirar taxes and governmental charges. Any such taxes or charges upon the Services provided hereunder, now imposed or hereafter becoming effective during the term of this agreement, shall be added to the price herein provided and paid by you unless, in lieu thereof, you provide us with a valid tax exemption certificate acceptable to us. Exhibit CERTIFICATE OF LIABILITY INSURANCE Page 1 of 2 DATE (MMJDDJYYYY) 06/01/2018 THIS CERTIFICATE IS JSSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATJVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFJCATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION iS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willie of New York, Inc. c/o 26 Century Blvd P.O. Box 305191 Nashville, TN 372305191 USA INSURED Willis North America, Inc. and it.s auOuldieries 200 Liberty Street New York, NY 10261 CONTACT NAME: PHONE 1_B77-945-7370 (AlC, Nq, Ext:: ADDRESS: L AE ss: certificates@willis.aom DDRE FAX 1-899-467-237B MAC Noy: INSURERS) AFI=URDING COVERAGE INSURERA: Zurich American Insurance Company NAIL 16535 INSURERS: Sentry Insurance a Mutual Company 24988 INSURER C : Sentry Casualty Company INSURER D : AIG Europe Limited 28460 190791 INSURER E : Wi11ia Submission Carrier =RC INSURER F : COVERAGES CERTIFICATE NUMBER: W6385512 • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO UIIHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO Alt THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE ADDLSUBR' DSO WVD POIJCYNUMBER POLICYEFF (MM/DDJYYYY) POLJCYEXP (MMJDDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 5,000,000 CLAIMS•MADE X OCCUR DAWAGETORENTED PREMISES (Ea occurrence) $ $ 140,000 A X Contractual Liability VIED EXP (Any one person) $ 5,000 Y GLO014436301 97/D1/2017 07/01/2018 PERSONAL & ADV INJURY $ 5,00D,0D4 GENT. AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE 5 5 r400, 000 X X POLICY PRO- JECT LOC PRODUCTS - COMP/OP AGO S 5, 000, 000 OTHER: $ AUTOMOBILE X LIABILITY ANY AUTO SCHEDULED ALTOS NON -OWNED COMOINEb SINGLE LIMIT _ a accltlen:} $ 1,000,90D BODILY INJURY(Per pe.-son) $ Y 90-20597-04 07/01/2017BODILY 07/01/2010 INJURY (Peraccidenl) $ PROPERTY DAMAGE (Per accident) S $ A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE EACH OCCURRENCE $ 3,090,000 710593E 07/01/2017 07/01/201B AGGREGATE $ 3,000,000 DEC RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y J N ANYPRDPRIETORJPARTNERJE)EGUTNE OFFICERJMEMBEREXCLU0ED7 es (Mandatory in NH} If yes, dosed:Fe under DESCRIPTION OF OPERATIONS below NIA X STATUTE H ER Y E.L EACH ACCIDENT 5 1,009,000 9D-20597-01 07/01/2017 D7/01/2018 EL DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1, D00,900 ID Directors & Officers BMW L12249P17 07/01/2017 07/01/2D1B $1,000,900 DESCRIPTION OF OPERATIONS f LOCATIONS J VEHICLES (ACORD 1 D1, Additional Remarks Schedule, may be attached it more space Is required) This Voids end Replaces Previously Issued Certificate Dated 06/01/2018 WITH ID: W6350276. SEE ATTACHED CERTIFICATE HOLDER CANCELLATION City of National City 140 East 12th Street, Suite A National City, CA 91950 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 4 ACORD 25 (2016/03) fl 198E-2015 ACORD CORPORATION. Ail rights reserved. The ACORD name and ogo are registered marks of ACORN r m' 1625 lTae: 732615 120 of 647 ACc3RL) AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY Willis of New York, Inc. POLICY NUMBER Sea Page 1 CARRIER Sae Page 1 NAIC CODE See Page 1 NAMED INSURED Willis North America, Ino. and its subsidiaries 200 Liborty street New York, AY 1D2B1 EFFECTIVE DATE: see Page 1 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: certificate of Liability Insurance It is agreed that The City of National City, its officers, agents and employees and volunteers are included as Additional Insureds as respects to General Liability and Auto Liability where required by written contract or agreement. General Liability, Automobile Liability and Umbrella Liability policies shall be Primary and Non -Contributory with any other insurance in force for or which may be purchased by the CITY, its officers, officials, employees, and volunteers. Waiver of Subrogation applies in favor of The City of National City, its officers, agents and employees and volunteers with respects to Workers Compensation coverage where required by written contract as permitted by law. INSURER AFFORDING COVERAGE: Willis Submission Carrier POLICY NUMBER: SM1718 EFF DATE: 07/01/2017 SAP DATE: 07/01/2016 TYPE OF INSURANCE: Errors & Omissions LIMIT DESCRIPTION: Per Claim Aggregate LIMIT AMOUNT: $5,000,000 $5,000,000 NAIC#: GENRC ADDITIONAL REMARKS. All employees of Willis North America and its subsidiaries are included as Insureds under the Errors & Omissions policy. Professional Indemnity Insurance (Errors & Omission Liability) Carrier: Stone Mountain Insurance Company INSURER AFFORDING COVERAGE: Sentry Insurance a Mutual Company POLICY NUMBER: 90-20597-03 EFF DATE: 07/01/2017 EXP DATE: 07/01/2018 TYPE OF INSURANCE: Workers Compensation & Employers Liability Per Statute LIMIT DESCRIPTION: EL Each Accident EL Disease - Each Emp EL Disease -Policy Lmt INSURER AFFORDING COVERAGE: Sentry Casualty Company POLICY NUMBER: 90-20597-02 EFF DATE: 07/01/2017 TYPE OF INSURANCE: Workers Compensation & Employers Liability Per Statute LIMIT DESCRIPTION: EL Each Accident EL Disease -- Each Epp EL Disease -Policy Lmt LIMIT AMOUNT: $1,000,000 $1,000,000 $1,000,000 EXP DATE; 07/01/2018 LIMIT AMOUNT: $1,000,000 $1,000,000 $1,000,000 NAIC#: 24988 NAIC#: 28460 ACORD 101 (2008101) The ACORD name and logo are re SR ID: 16257041 © 2008 ACORD CORPORATION. All rights reserved. Istered marks of ACORD CERT: w5385512 121 of 647 ADDENDUM TO CERTIFICATE OF Ei SURAN CE WILLIS NORTH AME+ RICA, INC. SUBSIDIARY LIST AS OF 7/1117 Acclaris Holdings, Inc. U.S.A. Acclaris, Inc. U.S.A. Charles MMMonat Associates LLC U.S.A. Encore Insurance PCC Limited U.S.A. Encore One IC, Inc. U.S.A. Extend Health, Inc, U.S.A. Extend Insurance Services LLC U.S.A. Freberg Environmental, Inc. U.S.A. Liazon Benefits, Inc. Liazon Corporation U.S.A. PBW LLC ;, . S.A. Premium Funding Associates. Inc. U.S.A. Professional Consultants Insurance Company. Inc. U.S.A. Queenswood Properties Inc U.S.A. RSDIG Risk Purchasing Group LLC U.S.A. Smith, Bell & Thompson. Inc. I.S.A. Special Contingency Risks, Inc U.S.A. Stone Mountain Insurance Company U.S.A. The Willis Foundation U.S.A Towers Perrin Capital Corp. U.S.A. Towers Watson America LLC U.S.A. Towers Watson Delaware Holdings Inc. U.S.A. Towers Watson Delaware Inc. U.S.A. Towers Watson Investment Services. Inc. U.S.A. Towers Watson Latin America Holdings LLC U.S.A. Towers Watson Middle East Holdn as LLC U.S.A. Towers Watson Retiree Insurance Services. Inc, U.S.A. TPF&C International Inc. U.S.A. Watson Wyatt European Investment Holdings 1. LLC U.S.A. Watson Wyatt European Investment Holdings 2. LLC U.S A. Watson Wyatt European Investment Holdings, Inc. U.S.A. Watson Wyatt International, Inc. U.S.A. Westport Financial Services. LLC U.S.A. Westport HRH, LLC U.S.A. Willis Administrative Services Corporation U.S.A. Willis Americas Administration, Inc. U.S.A. Willis Giaconia Life, LLC U.S.A. Willis HRH Inc. USA 122 of 647 Willis Insurance Senvices of California. Inc. Willis Insurance Services of Georgia, Inc. Willis NA Inc. Willis North- America Inc. Willis North American Holding Company Willis of Alabama. Inc. Willis of Arizona, Inc. Willis of Colorado, Inc. Willis of Connecticut, LLC Willis of Florida, Inc. Willis of Greater Kansas, Inc. Willis of Illinois. Inc. Willis of Louisiana, Inc. Willis of IIfaryland, Inc. Willis of Massachusetts. Inc. Willis of lklickAgan, Inc. Willis of Minnesota, Inc. Willis of hussissippi, Inc. Willis of New Ila;npshire. Inc. Willis ci New Jersey. Inc. Willis of New Fork. Inc. Willis of North Carolina, Inc. Willis of Ohio, Inc_ Willis of Oklahoma, Inc. Willis of Oregon. Inc. Willis of Pennsylvania, Inc. Willis of Seattle, Inc. Willis of Tennessee, Inc. Willis of Texas. Inc. Willis of Virginia, Inc. Willis of Wisconsin. Inc. Willis of Wyoming. Inc. Willis Personal Lines, LLC Willis Processing Services, Inc, Willis Programs of Connecticut Inc. Willis Re Inc. Willis Securities, Inc. Willis Services LLC Willis Towers Watson Rislc Pun chasing Group. Inc. Willis Towers Watson Management (Vermont) Limited Willis US Holding Company. Inc. WTW Delaware Holdings. LLC U.S.A. U.S.A. U.S.A. U.S.A. S.A. S.A. U.S.A. U .S.A. U.S.A. U.S.A. U.S.A. U.S.A. U.S.A. U.S.A. U.S U.S.A. U.S.A. I.S.A. U.S.A. v.SA U .S.A. U.S.A. U.S.A. U.S.A. U.S.A.[A U .S.A. U.S.A. u.S.A. U. S.A. U.S.A. U.S.A. U.S.A. U.S.A. .S.A. U.S.A. U.S.A. U.S.A. U.S.A. LCSA, U.S.A. U.S.A. U.S.A. 123 of 647 Additional insured —Automatic Owners, Lessees Or Contractors ZURICH Policy No. 1dff. Date of PoL Exp. Date of Pol. I P17 Die of End Producer No. Addl. preen Return Prem. GL0 0144363-01 0710112017 07/0112018 16741000 INCL THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Namedlnsured:WILLIS NORTH AMERICA INC. Address (including ZIP Code): 200 LIBERTY STREET, BROOKFIELD PLACE NEW YORK, NY 1D281 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. : Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury' caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services_ Includes copyrighted material of Insurance Services Olfice, Inc., with its permission. U-GL-117 -F G1N (04113) Page 1 of 2 124 of 647 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory, D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section JV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over - Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit", This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of insurance: The most we will pay on behalf of the additional insured is the amount of insurance; 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. includes copyrighted material of Insurance Services Office, inc., with Its permission. U-GL-1175-F CW 04l13) Page 2 of 2 125 of 647 Blanket Notification to Others of Cancellation or Non -Renewal ZURICH Po - al. s.. E$ ite of Poi. Ev_ Dale of Poi EtE Date of End. I Prodtuer Ye. Ad.:11 Pry Retoso Rem. GL0014436301 C".0' 201 IJ7/01201b 07,01=017 , I8741000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ 1T CAREFULLY. T1is endorsement incdiaes insurac.ce provided tuu:der the: Commercial General Liability Coverage Pawn A. If we cancel or uon-renew this Coverage Part by written notice to the first Named Iusuued. we will mail or deliv-e: notification that such Coverage Part has been canceled or non -renewed to each person or organization shown in a list provided to us by the first Nauted Insured if you are required by written contact or written agreement to provide such notification_ However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to :is prior ro cancellation or Lou-reue-aml. 2. Must contain the naanes and addresses of only the persons or organizations requiring notification that such Coverage Part has beau cancelled or non -renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this er:t;orsemeat will be based on the most recent list in our records as of the date the notice of cancellation or non -renewal is mailed o: delivered to the first Named Insured. We will mail of deliver such notification to each person o o7.gamhation s ms;w nl ;he list: 1. Wit:iu seven days of the effective date of the notice of cancellation, if we cancel for nonpayment of eurann; or 2. At least 30 days prior to the effective date of; a. Cancellation. if cancelled for any reason other than nonpayment of premium; or b. Non -renewal but not includintr conditional notice of renewal. C. Om mailing or delivery of notification described in Paragraphs A. and D, of this endorsement is intended as a courtesy only, Om failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non -renewal date: 2. Negate the cancel]ationornon-renewal; of 3. Provide any additional insur cce that would not have been provided in the absence of this endorsement, D. We are not responsible for the accnacy% integrity. timeliness and validity of information contained in the list provided to us as described ut Ptnsmuaiplus A. and E. of his endorsement. All other terms and conditions of this policy remain unchanged. II'C .jdni copy-igiaed .-iateria: c' lwurence Servjces Glf.te, Inc., with its permission. U.GL E21-A CW (10112) Page 1 of 1 126 of 647 COMMERCIAL AUTO POLICY NUMBER 90-20597-04 NAMED INSURED ENDORSEMENT EFFECTIVE WILLIS NORTH AMERICA INC 07-01-17 AUTO ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE'FORM SCHEDULE Insurance Company SENTRY INSURANCE A MUTUAL COMPANY Limit of Liability Insurance 01,000,000 Each '*Accident" Policy Expiration Data 07-01-18 Name and Address of Person or Organization ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO Relationship or Capacity ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADDITIONAL INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON'S OR ORGANIZATION'S LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO Description of Auto ALL AUTOS A. WHO IS AN INSURED is changed to include as an "insured" the person or organization named in the Schedule, but only with respect to liability arising out of the stated relationship or capacity and the described "auto". CA 70 13 06 87 WIL 90-20597-04 00 171 07-11-17 PAGE 001 OF 002 D ITIIORC 127 of 647 02767 COMMERCIAL AUTO AUTO ADDITIONAL INSURED - CONTINUED B. CANCELLATION 1. If we cancel the policy, we will mail notice to the named person or organization in accordance with the CANCELLATION Common Policy Condition. 2. If you cancel the policy, we will mail notice to the named person or• organization, 3. Cancellation ands this agreement. CA 70 13 06 87 WIL 90-20597-04 00 171 07-11-17 PAGE 002 OF 002 OITIBoR 128 of 647 02768 COMMERCIAL AUTO AMENDATORY ENDORSEMENT CANCELLATION AND NONRENEWAL This endorsement modifies insurance proyidad under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM With respect to the Coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. The Cancellation Common Policy Condition is amended by the addition of the following to paragraph A.2.: If we cancel this policy for any reason, other than non-payment of premium, we will mail or deliver written notice of cancellation at least 90 days prior'to the effective date of cancellation. CA 80 01 07 05 NIL 90-20597-04 00 171 07-11-17 PAGE 001 DITI8ORG 129 of 647 02769 WORKERS' COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY POLICY NUMBER' 90-20597-01 00 171 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shell not operate directly or indirectly to benefit any one not named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 (Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. WIL 90-20597-01 O0 171 07--1/-17 PAGE O01 WILLIS NORTH AMERICA INC 01T1908G 130 of 647 02440 CC/CDC-HA Agenda 6/19/2018 — Page 131 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Pavement Coatings, Co. for the 18th Street Bicycle Enhancements Project, CIP No. 16-04; 2) approving the final contract amount of $224,982.78; 3) ratifying the 131 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Pavement Coatings. Co. for the 18th Street Bicycle Enhancements Project, CIP No. 16-04; 2) approving the final contract amount of $224,982.78; 3) ratifying the release of retention in the amount of $11,249.14; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Contract funded by Federal HSIP grant. PREPARED BY: Carla Hutchinson, Assistant Engineer- Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT: Engineering & Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: NIA ENVIRONMENTAL REVIEW: NIA ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Reso!ut on accepth . the work performed by Pavement Coatings, Co. for the 1811' Street Bicycle Enhancements Project, CIF No. 16-04 and approving the final contract amount of $224,982.78. BOARD f COMMISSION RECOMMENDATION: NIA ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 132 of 647 EXPLANATION The 18ht Street Bicycle Enhancements Project, CIP No. 16-04, included bicycle striping and signage improvements along E. i8th Street_between "D" Avenue and Palm Avenue such as Class !4 bike lanes, bike signage, bicycle detector loops, and Green bicycle boxes at signalized intersections. The project also resurfaced this segment of E. 18th Street to provide a smooth roadway surface for bicyclists. On November 17, 2016, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On November 18, 2016 and November 23, 2016, the bid solicitation was advertised in local newspapers. On December 8, 2016, two (2) bids were received by the 11:00 a.m. deadline, opened and publicly disclosed. Pavement Coatings Co. was the apparent lowest bidder with a total bid amount of $228,391.40. Upon review of all documents submitted, Pavement Coatings Co.'s bid was deemed responsive, and they are the lowest responsible bidder qualified to perform the work as described in the project specifications. On January 17, 2017, the City Council adopted Resolution No. 2017-02 awarding the contract to Pavement Coatings, Co. in the amount of $228,391.40 and authorized a 15% contingency in the amount of $34,258.71 for any unforeseen changes. The Notice to Proceed with construction was issued on March 21, 2017. Construction started on April 6, 2017 and was completed on August 11, 2017. The change order; issued for this project are detailed in the Final Contract Balance Report (sPe attached). The change orders increased the contract by $7,531.66, and line item adjustments decreased the contract by $10,940.28, for a net decrease of $3,408.62 to the contract. This resulted in a 1.5% contract decrease for a final contract balance of $224,982.78. As a result of satisfactory completion of the project, staff recommends that City Council: 1) accept the work of Pavement Coatings, Co. for the 18th Street Bicycle Enhancements Project, CIP No. 16-04; 2) approve the final contract amount of $224,982.78; 3) ratify the release of retention in the amount of $11,249.14; and 4) authorize the Mayor to sign the Notice of Conviction for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 133 of 647 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CITY OF NATIONAL CITY ADDRESS: 243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on August 12, 2017 of the: 1$th Street Bicycle Enhancements, CIP No. 16-04 Work of imtprcvernert or portion of work of improvement under construction or ate aUon. Located from 18t Street, Between i Avenue and Palm Avenue in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Pavement Coatings, Co. Name of Original Contractor The following work and material were supplied: Labor provided: general labor. Materials: concrete, asphalt, signage. Equipment: paving muipment. General statement of lend of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: August 12, 2017; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, 1243 National City aivd., National City, CA 91950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is trae of my owr. knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on August 12, 2017 at, National City, California. Signature: RON MORRISON, MAYOR nocos-os 134 of 647 CALIFORNIANATIONAL CHIT i2 CORP08AT FINAL CONTRACT BALANCE DATE: January 22, 2018 PROJECT: 18t St. Recycle Enhancement Project FY 16-17 C!P No. 16-04 TO: Pavement Coatings Co. 10240 San Sevaine Way Jurupa Valley, CA 91752 ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: WORKING DAYS SUSPENDED: TOTAL CONTRACT TIME: DESCRIPTION: $228,391.40 May 17, 2017 August 11, 2017 35 Working Days 34 Working Days 60 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change., treleriti': Oir....i-ed;.hc...,ntra..c..r to provide ..ch,Ji ;f....l.- _ ac... .S._ ..:. :.:. •::...: vi'+.: vv 1.•: ...:.t..:. .... provide A. a.:::;......i•iv:ii.:..........i......•.......v y.J YY Laj l f!F I!•C. intersection of 18th and N Ave. and provide additional pedestrian barricades and crosswalk signage per the revised plans. All work was performed at the agreed price. This Change Order total amount was $ 5,823.66. Change Order #2 deleted 4 of the 5 bike loops required per the project plans. Per Section 3-2.2 of the Greenbook, the contractor is allowed an adjustment of the contract unit price when there is a decrease of more than 25% of a bid item. This change provides compensation for the reduction of the bike loops. This Change Order total amount was $1,708.00. All Change Orders listed above increased the total contract amount by $ 7,531.66. Numerous line item adjustments per the attached FINAL BILLING STATEMENT resulted in a total decrease of $ 10,940.28 135 of 647 FINAL CONTRACT BALANCE 18th 5t. Bicycle Enhancement Project CIP No. 16-04 CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 224,982.78. 2. As a result of the satisfactory completion of said project, a retention amount of $ 11,249.14 is set for invoice processing and payment upon the receipt of signatures and City Council's ratification of this agreement and the Notice of Completion. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. Pavement Coatings Co will not be entitled to damages or additional payment for delays as described in the 2012 edition of the Standard Specifications for Public Works Construction, Section 5-5.3, for performing the work as described above. 136 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 137 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete, Inc. for the Sewer Line Replacement and Upsizing Project, CIP No. 16-05; 2) approving the final contract amount of $2,770,653.96; 3) authori 137 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Portillo Concrete Inc for Sew r i one 13uni�roman+ an ii I Ipsizinn Projec+ C!P �1!c 16_05• 2) 2pprnuing the vvl l , :no. for the v�.wv.r r vQ✓erwwu.o..l. v0.. ,.J., -. v�vti+., .. •.•, i '^r'C" '�7 final contract amount of $2,770,653.96; 3) authorizing the release of retention in the amount of $138,532.70; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Contract funded by Sewer Fund. PREPARED BY: Jose Lopez, Assistant Engineer - Civil PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. DEPARTMENY: Engineering/Public Works �....:.lG FINANCIAL STATEMENT: ACCOUNT NO. [N/A l ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: Finance APPROVED: MIS STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Portillo Concrete, Inc. for the Sewer Line Replacement and 1 Project, CEP N 16 0w d vin the find contract a.'r,oun` of $2,770,653.96. I,J�h71L1% IL� 1 1 VJGVI, CEP / 7 V. 1 V�MV and approving Y I I ly the final contract u�a 4r r rvu. BOARD t COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 138 of 647 EXPLANATION The project represented the first phase of improvements to increase capacity and efficiency of the sewercollection system Citywide. The general scope of work Included replacement of 21-inch, 12-inch and 8-inch diameter PVC sewer main, manholes, sewer laterals; cold -mill grind and overlay of existing road section for E. Plaza Blvd, as well as National City Blvd from and including the intersection of Mile of Cars Way through the intersection of 22nd St; installation of curb & gutter, AC dikes, AC driveways entrances and driveways; sidewalks, pedestrian curb ramps for ADA compliance, signing and striping, and other related improvements. On June 22, 2016, the bid solicitation was posted on PianetBids, a free public electronic bidding system for contractors. On June 27, 2016 and July 5, 2016, the bid solicitation was advertised in local newspapers. On July 13, 2016, four (4) bids were received electronically on P[anetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. PAL General Engineering, Inc. was the apparent lowest bidder with a total base bid amount of $1,977,475. Upon review of all documents submitted, PAL General Engineering, Inc.'s bid was deemed "non -responsive" due to bid irregularities. Palm Engineering Construction Company, Inc. was the second lowest bidder with a total base bid amount of $2,386,300. Upon review of all documents submitted, Palm Engineering Construction Company, Inc.'s bid was also deemed "non -responsive" due to bid irregularities. Portillo Concrete, Inc. was the third lowest bidder with a total base bid amount of $2,496,925. Portillo Concrete, Inc.'s bid was determined to be responsive. Upon review of Q'1 required documents submittedIlIed and r fcrcnce checks, Po rtIi lo Concrete, inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. On August 16, 2016, the City Council adopted Resolution No. 2016-124 awarding the contract to Portillo Concrete, inc., in the not -to -exceed amount of $2,496,925 and authorized a 15% contingency in the amount of $374,538.75 for any unforeseen changes. The Notice to Proceed with construction was issued on October 12, 2016. Construction started on October 24, 2016 and was completed on March 16, 2018. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $239,817.96, while line item adjustments increased the contract by $33,91 i for a net increase of $273,728.96 to the contract. This results in a 10.9% contract increase for a final contract balance of $2 77^ 55' 139 of 647 As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of Portillo Concrete, Inc. for the Sewer Line Replacement and Upsizing Project, C!P No. 16-05; 2) approve the final contract amount of $2,770,653.96; 3) authorizing the release of retention in the amount of $138,532.70; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 140 of 647 RECORDING REQUESTED BY WHEN RECORDED MAIL To: NAME: CITY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORNIA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on March 17, 2018 ofthe Sewer Line Replacement and Upsizing Project, CI? No. 16-05. Work of improvement or portion of work of improvement under construction or alteration. National City Blvd between 22nd St. and 24th St., and E. Plaza Blvd between Euclid Avenue and approximately 350 feet east of Harbison Avenue in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Portillo Concrete, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer, Materials: PVC pipe. concrete, asphalt. Equipment: Excavation, and paving equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: March 17, 2018; Joint tenants, tenants in common, or other owners Signature of Owner r•.r_.;-., _.: 01ty, 1 :.i Ni _.__C• k: _...a C• a v.any; 11rY.1 1M¢t1V�lpx City Blvd., ir�evieae b,iiy, � 31950 I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on March 17, 2018 at, National City, California. Signature: RON MORRISON, MAYOR ,kr.:6-45 141 of 647 +0.^CA.LipoRN!A ... NATIONAL- 1 T • Orcnapartw'rED FINAL CONTRACT BALANCE DATE: DATE PROJECT: SEWER UPS12ING PHASE 1 FY 16 CIP No. 16-05 TO: ORIGINAL CONTRACT AMOUNT: START DATE: COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENTION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $2,496,925.00 OCTOBER 24, 2016 MARCH 16, 2018 155 Working Days 193 Working Days 348 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 adjusted the line item for sewer iaterai installation due to unforeseen utility conflicts. This work was performed under Time and Materials. This Change Order total amount is $ 26,206.86. Change Order #2 adjusted the line item for storm drain repairs. The work was performed under Time & Materials. This Change Order total amount was $ 20,548.14. Change Order #3 adjusted the line item for storm drain and storm drain lateral repairs. The work was performed under Time & Materials. This Change Order total amount was $ 17,792.81. Change Order #4 directed the contractor remove and replace storm drain box covers. The work was performed under Time & Materials. This Change Order total amount was $ 16,340.66. Changer Order #5 directed the contractor to place portions of the sewer bypass under the roadway at locations within the median turn lane to provide left turn relief to high density residential and commercial properties along the work zone. This Change Order total amount was $ 7,600.64. Change Order #6 directed the contractor to provide 12 inch wide limit fine stripes rather than match the existing 8 inch wide stripes. This work was performed under Time & Materials. This Change Order total amount is $ 2,989.99. 142 of 647 FINAL CONTRACT BALANCE Sewer Upsizing Phase 1 Specification No. 16-05 Change Order #7 directed the Contractor to provide and install a future 12 inch sewer main connection, accommodate additional sewer lateral work and coordinate additional unforeseen utility conflicts. This Change Order total amount was 516,725.38. Change Order #8 adjusted the line item for sewer lateral installation due to the need to perform work with hand tools rather than excavation equipment due to unforeseen utility conflicts. This work was performed as Time and Materials, This Change Order total amount was $ 16,037.03. Change Order #-, directed the contractor to provide concrete pads at bus stops alo a E. 017lrl Rive, aS coordinated with the bus transportation services. This work was performed under Time and Materials. This Change Order total amount was $ 40,549.78. Change Order #10 directed the contractor to reconstruct the cross gutter at Harbison due to failing subgrade issues discovered during excavation. This work was performed under Time and Materials and line item increases. This Change Order total amount was $ 13,503.61. Change Order #11 directed the contractor to provide pedestrian safety enhancements, cross walks, signage and curb and gutter and drainage apron improvements at the intersection of Grove and 14th. This work was done with an agreed upon price and realized good value and economy of scale because it was performed while large amounts of concrete curb and gutter were being installed in the vicinity. This Change Order total amount was $ 26,630.00. Change Order #12 adjusted the iiiie items for sewer main installation because upon ext.:avdAiorr it was determined that a portion of the existing sewer did not require alteration. This work was performed under Time & Materials. This Change Order total amount was $ 18.270.01 Change Order #13 directed the contractor to abandon an existing sewer that was located between private properties and out of service. Also, additional work was needed at the cross gutter at Harbison. This work was performed under Time & Materials. This Change Order total amount was $ 16,623.0S. All Change Orders listed above increased the total contract amount $ 239,817.96. There were numerous line item adjustments per the attached FINAL BILLING STATEMENT that resulted in a total increase of $ 33,911, CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 2,770,653.96. 2. As a result of the satisfactory completion of said project, a retention amount of $138,532.70 is set for invoice processing; and payment upon the receipt of signatures and City Cour,ci;'s ratification of this agreement and the Notice of Completion. 143 of 647 FINAL CONTRACT BALANCE Sewer Upsizing Phase 1 Specification No. 16-05 This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described ahnvp. Portillo Concrete Inc.. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6.3, for performing the work as described above. 144 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 145 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City: 1) accepting the work performed by Ace Electric, Inc. for the El Toyon and Las Palmas Lighting Improvements Project, CIP No. 17-01; 2) approving the final contract amount of $813,400.81; 3) rati 145 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City: 1) accepting the work performed by Ace Electric, or } El Tcycn and Las Palmas Lighting {mprnvements Prc sc C!P No. 17-01 ; 2) L I�.iVll �U, Inc.II IVfor the Y U YY I and I���Y �iY Y 1 Y V +vY vVal YI I i approving the final contract amount of $813,400.81; 3) ratifying the release of retention in the amount of $40,670.04; and 4) authorizing the Mayor to sign the Notice of Completion for the project. Contract funded by General Fund. PREPARED BY: Jose Lopez, Assistant Engineer - Civil DEPARTMENT. Engineering/Public Works PHONE: 319-336.4312 APPROVED BY EXPLANATION: See attached. 2. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS ran STAFF RECOMMENDATION: Adopt Resolution accepting the work performed by Ace Electric, Inc. for the El Tryon and Las Palmas Lighting Improvements Project, CIP No. 17-01 and approving the final contract amount of $813,400.81. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS 1. Explanation 2. Notice of Completion 3. Final Contract Balance Report 4. Resolution 146 of 647 EXPLANATION On September 20, 2016, staff provided an update to City Council regarding the park iighting issues at Las Palmas Park and El Toyon Park. At the time, staff was developing plans for the El Toyon and Las Palmas Park Lighting improvements Project, which included new ballfield lighting at Las Palmas Park and new lighting for the eastern section of El Toyon Park. Staff finalized the project plans and received bids. The general scope of work for the Project included installation of sports lighting at Las Palmas and El Toyon Park, and park area lighting and parking lot lighting at El Toyon Park. On February 7, 2017, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On February 9, 2017 and February 15, 2017. the bid solicitation was advertised in local newspapers. On February 28, 2017, six (6) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Ace Electric, Inc. was the apparent lowest bidder with a total bid amount of $712,569.00 as the basis of award. Upon review of al! documents submitted Ace Electric, Inc.'s bid was deemed responsive, and they were the lowest responsible bidder qualified to perform the work as described in the project specifications. On March 21, 2017, the City Council adopted Resolution No. 2017-19 awarding the contract to Ace Electric, Inc., in the not -to -exceed amount of $712,569 and authorized a 15% contingency in the amount of $106,885.35 for any unforeseen changes. The Notice to Proceed with construction was issued on April 25, 2017. Construction started on April 27, 2017 and was completed on November 30, 2017. The change orders issued for this project are detailed in the Final Contract Balance Report (see attached). The change orders increased the contract by $106,878.12, while line item adjustments decreased the contract by $6,046.31 for a net increase of $100,831.81 to the contract. This results in a 14.1 % contract increase for a final contract balance of $813,400.81. As a result of satisfactory completion of the project, staff recommends that City Council, 1) accept the work of Ace Electric, Inc. for the E[ Toyon and Las Palmas Lighting Improvements Project, C!P No, 17-01; 2) approve the final contract amount of $813,400.81; 3) ratify the release of retention in the amount of $40,670.04; and 4) authorize the Mayor to sign the Notice of Completion for the project. The Notice of Completion will be filed with the San Diego County Recorder's Office. 147 of 647 RECORDING REQUESTED BY WHEN RECORDED MAIL TO: NAME: CrfY OF NATIONAL CITY ADDRESS: 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950 NOTICE OF COMPLETION CALIFORMA CIVIL CODE SECTION 3093 NOTICE IS HEREBY GIVEN of the completion on December 1, 2017 of the El Toyon and Las Palmas Lighting Improvements Project, CIP No. 17-01 Work of improvement or portion of work of improvement under construction or alteration. El Toyon Park and Las Palmas Park in National City, CA 91950 Street Address City State Zip Code The undersigned owns the following interest or estate in said property: Owner in fee Nature of the interest or estate of owner (mortgagor, lessee, etc.) Said work of improvement was performed on the property pursuant to a contract with Ace Electric, Inc. Name of Original Contractor The following work and material were supplied: Labor provided: general laborer. and electricians. Materials: concrete, asphalt, conduit, light fixtures, poles, and associated wiring. Equipment: Excavation, grading, and paving equipment. General statement of kind of labor, services, equipment or materials The names and addresses of co -owners are: N/A Dated: December 1, 2017; Joint tenants, tenants in common, or other owners Signature of Owner City of National City, I243 National City 3:v,,., National City, CA : O I, the undersigned, say: I have read the foregoing Notice of Completion and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury that the forgoing is true and correct. Executed on December 1, 2017 at, National City, California. Signature: RON MORRISON, MAYOR No. l7-0l 148 of 647 *-! CALIFORNIA +.4.1. NATIONAL City oV FINAL CONTRACT BALANCE DATE: June 4, 2018 PROJECT: FL TOYON & LAS PALMAS PARK LIGHTING IMPROVEMENTS PROJECT FY 17/FY 18 CEP No. 17-01 TO: ORIGINAL CONTRACT AMOUNT: START DATE; COMPLETION DATE: ORIGINAL CONTRACT LENGTH: EXTENSION OF WORK DAYS: TOTAL CONTRACT TIME: DESCRIPTION: $712,569.00 APRIL 27, 2017. NOVEMBER 30, 2017 70 Working Days 79 Working Days 149 Working Days The Final Contract Balance reports final line item amounts and summarizes all change orders to produce a final contract amount. CHANGE ORDERS AND LINE ITEM ADJUSTMENTS: Change Order #1 Due to the time constraint and schedule of the project, the City requested that the Musco Plugs required for the light poles that wi!I be installed in the Las Palmas Park tobeexpedited, This change order includes ry,ilie i:.iiyii::.: Li,r o5derin ii� in,,tal!at,ontheMusco plugs - - e; ' ,c€: is r_.f plugs. Change Order total amount is $ 5,253.46. Change Order #2 In order for the contractor to continue with the work on Las Palmas Park, ACE Electric needed to coordinate a service shutdown with SDGE. The shutdown will provide ACE time to install the plugs required for the Tight poles installed on site. This change order includes SDGEs required fee for the service shutdown. This Change Order total amount was $ 1,452.00. Change Drder#3 There is a storage room located in Las Palmas park that requires additional circuit breakers to be installed. This is an unforeseen condition since the designers were not able to access the storage room initially. Once the work started, it was discovered that additional circuit breakers will be needed. This Change Order total amount was 5 340.00. Change Order #4 The new Fire Station 33 Facility currently being constructed at South U Avenue and East 4th Street requires fiber communications line to be installed. This change order wi:l provide the necessary communication system necessary for the fire station facility to be fully operational. This Change Order total amount was $ 49,1O6.14. 149 of 647 FINAL CONTRACT BALANCE EL TOYON & LAS PALMAS PARK LIGHTING IMPROVEMENTS PROJECT CIP No. 17-01 Changer Order #5 There are cameras that are currently installed at the 12th and D roundabout location. The enclosures are currently in poor condition and will need to be replaced. The engineer has recommended to install new enclosures above grade to replace the old ones and reinstall all connections the cameras that are currently in place. This Change Order total amount was $ 9,116.48. Change Order #6 This change order includes several items not included in the original contract: 1) adjustments were to be made for the fiber optic/electrical conduits in the field 2) installation of new copper water line to provide water extending to the shade structure on site 3) extension of the original length due to unforeseen site conditions ^) addition& concrete needed to be poured for the strip underneath the rolling gate 5) additional conduits needed to be added for the facility and electrical trenching needed to be done 6) electrical outlets and access needed by facility to be connected to the shade structure 7) adjustment to the installation of a gas line on site 8) placement of a new concrete transformer par.!. CJi. site. This Change Order w.a+ amount i5 . $,..131.. r. Change Order #7 Due to the poor condition of the paving at El Toyon Recreation Center parking, it was determined that new paving will be required to improve the site. An area of 120 feet by 20' will need to be re -paved on site. This Change Order total amount was $ 19,544.16. Change Order #8 After completing the previous paving in El Toyon Recreational Center, the engineer observed that additional paving will be required to another portion of the parking lot. It was determined by the engineer that paving for an area of 120 feet by 10feet will be required. This Change Order total amount was $ 9,772.08. Change Order #9 There are currently no safety/security lights Installed on the exterior of the structure for the Fire Station 33 facility. The City has requested to install new lights to have visible lighting during evening operations and for the safety of the occupants on site. This Change Order total amount was $ 3,632.00. All Change Orders listed above increased the total contract amount $ 106,878.12. Line item adjustments decreased the total contract amount $6,045.31. CONTRACT ADJUSTMENT: As a result of the above change orders and line item adjustments, the contract price is adjusted as follows: 1. The final contract price is adjusted to $ 813,400.81. 2. As a result of the satisfactory completion of said project; a retention amount of $ 40,670.04 has been processed. This document and its purpose to balance payment shall be considered full compensation for furnishing and installing the materials, labor, tools and equipment, profit, overhead, and all incidentals for performing the work described above. ACE Electric, Inc. will not be entitled to damages or additional payment for delays as described in the 2015 edition of the Standard Specifications for Public Works Construction, Section 6-6,3, for performing the work as described above. 150 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 151 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign the West Highland Rowhomes Subdivision Map, Case File Number 2017-08-S. (Engineering/Public Works) 151 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving, accepting, and authorizing the Mayor to execute the Final Subdivision Map for West Highland Rowhomes located at 6 s 8 E. d 0T" Street. Case File Number 2017-08-S. PREPARED BY: Charles Nissley DEPARTMENT: Engineering and Public Works PHONE: 336-4396 APPROVED BY: EXPLANATIOI°' KD 18TH, LLC is the owner of the property located at 618 E. 181-" Street. They have an approved grading plan for a proposed new condominium building with ten dwelling uri s. The subdivision map has been reviewed for technical correctness by Richard C. Maher, registered Land Surveyor, on behalf of the City of National City, and approved by Roberto Yana, Deputy City Engineer. 2 KD 18TH, LLC is requesting that City Council accept the map and authorize the Mayor to sign the map such that the owner may record the map with the County Recorder's Office. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution accepting and authorizing the Mayor to sign the West Highland Rowhomes Subdivision Map, Case File Number 2017-08-S. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Map 2. Copy of Map Guarantee 3. Resolution 152 of 647 Chicago Title Company Builders Services Division 2365 Northside Drive, Suite 500, San Diego, CA 92108 (619) 521-3400 SUBDIVISION GUARANTEE Dated: May 18, 2018 at 7:30 am Order No.: 00084034-996-SDI-RT4 Subdivision Map of: West Highland Rowhomes Consisting of 3 Sheet(s) Issued for the benefit and protection of the County of San Diego and any City within which said subdivision is located. After an examination of the Public Records which, under the recording laws, impart constructive notice of matters affecting the title to the land hereinafter described, CHICAGO TITLE INSURANCE COMPANY a Missouri corporation hereby guarantees, for the benefit of said county and city, in a sum not to exceed $1,000.00, that as shown by said records the only parties having any record title interest in said land, and whose signatures are or may be required, under the requirements of the Subdivision Map Act of said land and offering for dedication any streets roads, avenues and other easements offered for dedication by said Subdivision Map are as set forth in Schedule A. Issuing, Office: 2365 Northside Drive, Suite 500 San Diego, CA 92108 Countersigned by: Theresa Robertson Title Officer Subdivision Guarantee Form CHICAGO TITLE INSURANCE COMPANY Page 1 153 of 647 Order No.: 00084034-996-SD 1-RT4 SCHEDULE A The map hereinbefore referred to is a subdivision of: SEE ATTACHED EXHIBIT A The parties hereinbefore referred to are: OWNERS; KD 18TH, LLC, a California limited liability company TRUST DEED HOLDERS: ZB, N.A. dba California Bank & Trust, as beneficiary under a Deed of Trust recorded April 13, 2018 as Instrument No. 2018-0146806 of 'Official Records EASEMENT HOLDERS: None END OF SCHEDULE A Subdivision Guarantee Form Page 2 154 of 647 Order No.: 00084034-996-SD1-RT4 EXHIBIT A LOTS i, 2, 3 AND 4 IN BLOCK 3 OF THE SUBDIVISION W. S. BULLIS OF 10 ACRE' LOT 14 OF QUARTER OF SECTION 153 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 201, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 27, 1881. TOGETHER WITH THAT PORTION OF THE EAST 10 FEET OF "F" AVENUE, AS CLOSED TO PUBLIC USE. END OF EXIIIBIT A Subdivision Guarantee Form P.g 7 155 of 647 Order No.: 00084034-996-SD1-RT4 GUARANTEE CONDITIONS AND STIPULATIONS . DEFINITION OF TERMS The following terms when used in the Guarantee mean: (a) "land": the land described, specifically or by references in this Guarantee and improvements affixed thereto which by law constitute real property; (b) "public records": those records which impart constructive noticc of matters relating to said land; (c) "date": the effective date; (d) the "Assured": the party or parties named as the Assured in tbis Guarantee, or in a supplemental writing executed by the Company; (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. 2, EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) Unpatented mining claims; reservations or exceptions in patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. (c) Title to any property beyond the lines of the land expressly described in the description set forth in this Guarantee, or title to streets, roads, avenues, lanes, ways, or waterways on which F4CkEl. land i+1)t_i4:s_ [w the ri: hE Ire rn intair+ therein vai�i:�s, Lunn is, ramps ;;r ' ' other oct lmp_rovetnent; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) Defects, liens, encumbrances, adverse claims against the title as guaranteed or other matters (1) created, suffered, assumed or agreed to by on or more of the Assured; or (2) resulting in no loss to the Assured. Guarantee Conditions And Stipulations (Revised 125/95) Page 156 of 647 Order No.: 00684034-9945-SDI -RT4 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 3. PROSECUTION OF ACTIONS (a) The Company shall have the right at its own cost, to institute and prosecute any action or proceeding or do any other act which in its opinion may be necessary or desirable to establish or confirm the matters herein guaranteed; and the Company my take any appropriate action under the terms of this Guarantee whether or not it shall be liable thereunder and shall not thereby concede liability or waive any provision hereof. (b) In all cases where the Company does so institute and prosecute any action or proceeding, the Assured shall permit the Company to use, at its option, the name of the Assured for such purpose. Whenever requested by the Company, the Assured shall give the Company all reasonable aid in prosecuting such action or proceeding, and the Company shall reimburse the Assured for any expense so incurred. 4. NOTICE OF LOSS — LIMITATION OF ACTION A statement in writing of any Ioss or damage for which it is claimed the Company is Iiable under this Guarantee shall be furnished to the Company within sixty days after such Ioss or damage shall have been determined, and no right of action shall accrue to the Assured under this Guarantee until thirty days after such statement shall have been furnished, and no recovery shall be had by the Assured under this Guarantee unless action shall be commenced thereon within two years after expiration of said thirty day period. Failure to furnish such statement of loss of damage ur io commence such action within the time hereinbefore specified, shall be a conclusive bar against maintenance by the Assured of any action under this Guarantee. 5. OPTION TO PAY, SETTLE, OR COMPROMISE CLAIMS The Company shall have the option to pay or settle or compromise for or in the name of the Assured any clam: which could result in loss to the Assured within the ooverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage, the Company shall have the option to purchase the indebtedness secured by said mortgage. Such purchase, payment or tender of payment of the full amount of the Guarantee sh.0 termir_ate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness and the mortgage securing the same to the Company upon. Guarantee Conditions And Stipulations (Revised l2/5/95) Page 5 157 of 647 Order No.: 00084034-996-SD1-RT4 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 6. LIMITATION OF LIABILITY —PAYMENT OF LOSS (a) The liability of the Company under this Guarantee shall be limited to the amount of actual Ioss sustained by the Assured because of reliance upon the assurances herein set forth, but in no event shall such liability exceed the amount of the liability stated on the face page hereof. (b) The Company will pay all costs imposed upon the Assured in litigation carried on by the Company for the Assured, and all costs and attorney's fees in litigation carried on by the Assured with the written authorization of the Company. (c) No claim for damages shall arise or be maintainable under this Guarantee (1) if the Company after having received notice of an alleged defect, lien or encumbrance not shown as an Exception or excluded herein removes such defect, lien or encumbrance within a reasonable time after receipt of such notice, or (2) for liability voluntarily assumed by the Assured in settling any claim or suit without written consent of the Company All payments under this Guarantee, except for attorneys fees as provided for in paragraph 6(b) hereof, shall reduce the amount of the liability herein pro tanto, and no payment shall be made without producing this Guarantee for endorsement of such payment unless the Guarantee be lost or destroyed, in which case proof of such loss or destruction shall be furnished to the satisfaction of the Company. (e) When liability has been definitely fixed in accordance with the conditions of this Guarantee, the loss or damage shall be payable within thirty days thereafter. 7. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured, and it shall be subrogated to and be fits it a �t- ^[' '-vghts anti' rP —,girlies :whirls ;;5a Gr�z:ro.', r.v� l�. } .�,y ;, P r __ E - .-.........._ .. .-.:.:.•:.i y::: .. .�..:. _: ��.__z%... which � :.... ....-:. :�. i-,.-...c... .yif���-_�L i.ii tors -or: S.i.. i{: � it i'v in respect to such claim had this Guarantee not been issued. If the payment does not covert the joss of the Assured, the Company shall be subrogated to such rights and remedies in the proportion which said payments bears to the amount of said loss. The Assured if renu sted by the Company, shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect such right or subrogation, and shall permit the Company to use the name of the Assured in any transaction or litigation involving such rights or remedies. 8. GUARANTEE ENTIRE CONTRACT. Any action or actions or rights of action the Assured may have or may bring against the Company arising out of the subject matter hereof must be based on the provisions of this Guarantee. No provision or condition of this Guarantee can be waived or changed except by a writing endorsed or attached hereto signed by the President, a Vice President, the Secretary, an Assistant Secretary or other validating officer of the Company. Guarantee Conditions And Stipulations (Revised 12/5/95) Page 6 158 of 647 Order No.: 00084034-996-SDI-RT4 GUARANTEE CONDITIONS AND STIPULATIONS (continued) 9. NOTICES, WHERE SENT All notices required to be givers the Company and any statement in writing required to be furnished the Company shall be addressed to it at the office which issued this Guarantee. 10. The fee specified on the face of this Guarantee is the total fee for title search and examination and for this Guarantee. Guarantee Conditions And Stipulations (Revised 12/5/95) Page 7 159 of 647 MAP NO. ,��fE<;1 S CE]47TEJCA iE NE 19®Y CFRIFY THAT NE ARE DIE DIMS CF 04 ARE AY41716113, IN NW tAn In BE SAIONOFD BY MS YAP AO NE COMER 10 1111: FIERYCEEN A4EI RECCROAOOY OF DAS YAP. 1185 FARO TSMI IS A CON7G04101 FROECT AS LEVER AN XC77011 4125 OF RR MC CmE OF THE 57,4IE CF OYIFORMA, ANO R PRED AMINO' TO 717E SW -AMR NW ACE 50854#pia A UA20MA OF DN OI1E LMO µ 7r5 NE !.EMBY ODICAM TO R.ECEO LASE A KITTEN OF T AIQNE FOR LSE AS A PLE11C STREET AND ARF R1ENNLCES THERETO, AS SNOW C TES YAK 107/RN 1485 SI BDMSEI. AO MN, 11C, A CALLICEM LACim LIABEITY GCE/PAW Eft 4785 HCLES Ay LLC A CALIFORNIA LN7EO MEIN OCEFAY? Or S.ANTA RE FAALY NIE811EDT1 L.P. A CAFORMA LAVED RIRCERS404 II.4 1611119110 MINER B)} SANTA RE INC. A CAA'ONA CORPORATION ITS ODERNL PARTNER SANTA MIESOOft siotate N4 NA the CRECIDW RAW A Ttl15T, AS 80EEF>QARY UNGAR TART DEED CF DAC7r RE,XROD ANTE 13, 7014 A5 DOO/A0Y' NO 20111-0146805 OF OFTN7AL REMIBM S/EII1# eN airelAHA.Y/tr 141 V:Ls IT9P97.410 N k LATE o :a CASE NO. 2017-08—S, IN THE CITY Of NATIONAL C!TY WEST HIGHLAND ROWHOMES FOR CONDOMINIUM PURPOSES FEW A PREOLEATI?Y AAA Moms= OF LOTS 1, 7 3 MD 4 N WICK 3 OF D1E 2185I5 91M [i CC EMUS OF 10 ACRE LOT 14 CF 7BARTB1 SECTOR 153 OF 471845 0 DE LA 244541. N RE O1Y CF NATIONAL CITE =KW OF SAL woo, SU1E CF OMEOR18. ACO1871R: 70 MAP 770108E A17 251. FWD IN DE CR10E OF 171E MATT RICCOTOFR OF SAN OM COMM; MAT 27, 1E81, 1857-E EN '701T KITTEN Cr NE EAST TO FE2-T OF 'F- PENCE AT CLOSED 70 PUBLIC USE NUMBER OF LONE I OOSS AREA: CL M7 ACRES SL87Ra91R LUMANI1 PRlPAITD or me= DIRE QAPANT, ow NO. 842 I-8BS-SahRTI. 0A152 M0/ 11 2IP. FOR NOTARY /OCNO1'.E0O6iTR8 SEE MEET sa__s R2aar AA791ANT rO INE 711018AY CF woo 384310) OF WE SLEZNY9IM NAP ACE A MILS AETEA7 BY CA0TROCDOH TESTMC A LYL?EE101q NO DATED APIA 17, 2015 11A5 9031 PREPARED EON KS SADISM MO IS CM 911E REM 714E sumo AND SAE7Y LEPAR1YENr OF RE CM LE NAMPA_ CITY. )61iLg_A to CITY CLITICS CE1PTW7CA7E IRS RON 0O MSOL ICAYER AO 111ONE1 R. O111A OTT Oi5C OF NEMAI. C771: CALMB HEREBY ISR11Y THAT RE MY OOCOC1. BY RESOPA1707 N4 P0;7-1P1 PASS 10E4 7V.P EYLS5BN7 CF 3 SHEETS AS 1ESCRIAE0 N OIPIEN! DIETE➢F AND HAS ACCEPTED CM 4FN.4LF CF NW RELIC MAT FTAR710R OF 'F MERE AS 120710A1ED ON THIS YAP. YE ALSO CERTIFY MAT NE PROPER PDRAO NORM HAS LIEN 4TIEN APEMAN NIS SLEENSIM AGP. Ln: BY• AAT YCARRSOPL MAYOR DATE MET OF NAIRN& OIY, CALFMNIM ISMAEL R DALLA air OW( 1'-+r CITY OF NATIONAL IOTA CALIFORNIA CLERK OF THE BORN) Otr SLJPFR%9SCE2 AFRRF1CAIE 4 DAVE) HALL, MFRN OF TIE BOARD CF SI/PERMSQRSE HEREBY CiR7N" 1 THAT NE PRON901V5 OF THE SL8011172017 MAP ACT (OMAQY 2 OF 111LA: 7 OF TIE GOYERI41v4T CCI7E) REGARDING (A) OEPUNTS FOR nun AND (6) L777O1ICA10O2 OF RE ADSETYCF OF LENS FOR 111PAA) SIATF; COMM; KIN CIPAL OR LOCAL TAKES OR SPtaAL ASSMSMENiS COLLECTED AS TAXES EXCEPT THOSE MOT trr PAYA&E HAW BEEN MEI VTH, DAM :TALL BY C 1RA' OF BOARD CF SDPERIMORS DEPUTY OA1Elt .SraP1s srnrr SHEET 1 OF' 3 SHEETS 1M6 9NR NYJ PREPARED BY YE OR UNDER MT f7AE'CRON AND IS EASED I.PLYN A INTO MXLEY 11 CCAFANA CE MIN 14E REOl0E0EHTS W TIE WOO MS 4 YAP ACT AO Ism Qiw4AMLE R' .IIL 2017. 7 HEREBY STATE THAT AIL NOWAIENF ARE OF THE ONAAACIOR AO CLY74'Y 71E P09T10N5 MOWED CR THAT DEEP MI BE g721 1HOSE PO91AY6 9001 3 OATS AFTER DE 1 RE. SLOT SLOVEN r0 MOLE DE SUREEY TO RE ME ROOMED MPROEIBIEMITMTIE7RAR74 AO DMT MIS MAL NAP SOBSFANDA LY C1DEdBIS 10 l7E APPROIE0 CR COFRIIDYALLY ARMINED IENTARIE NAP, F ANY. (SEE IEmIO ON MET 3J (1.4 ,. . Ld17 IS BREMEN. LS 7275 DATE CITY ENGINEER STATEMENT ROG770 YANQ AS MEMO BY RE ON 91419 H7 L1 TEE MY OF NAMPAE O7Y, CA/FORMS STATE THAT 1 HAW E7A97EED D15 MAR MAT DE 9R 404110N L) SUBSTNRAI Y ME SAFE AS IT APPEARED ON TE TENTA OE MAP AND ANY A11°ROWO A71ERA71IYS D0149A' 711A7 AL BE PROES= LB BE S.40411AT7N BAP ACT CF 77E STATE OF CALFA5MA AS ELMER AND OF ANY LOCAL ORDNANCE OF SR10 COY AP7L10AOE AT 1HE 701E GE ME APPROVAL OF TIE 790104141E NA' THAW BEEN =FRED LEDE 0A7L• PE CO8112 7Y C1)Y QR4TOR Lf4 fl40 I hENEBY STALE MAT 1 RAW OWNED :MS MAP AND 1 AY 447EVIED MAT SA11 Amp s TET3EEGRI.Y caR ELT. AEIEIED FIR TEE MY OF NATIONAL CRT BY ROM /EROIAN. OMAR.1 G TEARER, P.L 7564 09845 DEMMER 37, 201E DAM /Wi) ROVEZE."-1112E26.7E FEE W) y ERNEST 1 ORMENMEG 27. =OREER CF TIE' COWRY OF SAN Aug S7A7E lF CALFORMA HOMY COMFY DRAT 1 NAVE ACCEPTED FLT RECIONMIEN 776 IMP TILED AT TE Rl74257 OF MAR( BpNCVN DAS DAY OF 20_, AT OT9.004 _EL ERNES? 1 OTCRENEN FC Ji COUNTY RECOm7x BY. DEPUTY FEE /1A00 FY-E 1BM 5T-Y41-1.3 055;51 . MIDI I E7-1 a3. 160 of 647 MAP NO. C'ISE NO. 2017-08-S, IN Th!E CITY OF NATIONAL CITY WEST HIGHLAND ROWHOMES FOR CONDOMINIUM PURPOSES A NOTARY PM.®IK OR ORAL? OFFICER COMPMMO IN4 CERTERCiTE 4ERFIEB 047.'Y 11E (0147HY CP THE iNCEIDOAL 1140 SIGNED 7Yr DOCUNEN7 TO MEP PBS CERTETMTE 15 ATTAPRO( A4U N07 IN£ 7714U7HPUUESS,. ACCURACY,. OR V MBMY if MAT 0000NENL STATE OF CAUFO7N0 ) COWRY CF ON 4O 1EFLWE NE, -...., NOTARY POBEM PERSONALLY APPEARED U.RM BREMEN WO PROVED 7S NE ON PE PA9a TF s4 P.S'ACIDRY £(WEIIO TO BE THE PERSON WHOSE NAME 15 SUOMAPD ID THE WHIN RISTAL t@4l ,11S7 ACNNOAL£OQZ TO ME THAT NE MUTED THE vac L1 4RS ALTINEELIT OAPAOTf, Arc ?mar BY His =NATURE M1 P/E fliSIN.OIFINT PE PERAFC GP THE EN1777 UPON OEI'AP or NOCE DE PERSON ACTED, r>EGT(IE7 ME PE RUNLT'T. CERTIFY uvmee PENALTY 07 PERJURY 1497AR THE 1.145 OF THE STATE OF CALIFORNIA THAT 71PC PORESPIP9 PARAPRAPH 45 TRUE AND CORRECT. NRNESS MY HAM) ARO OFFETAL SEAL PLEASE PPNT NAND 7Rm7TDPAL PUCE 00 MI ES& _ COUNTY COSONSITOY 1JCHRA7IM! lA1E O01CVf5SFEW N RIM A NOTARY AMC OR ORE? T7E0M1i7 CLEPA77NO RIB CERTIFICATE ROUTES OVE, THE OENRTY OF THE E1011101AIL NIIO ROW T E DOM/NFR7 10 %RRON RAS TrERTIfl1A7E 1S ATTACHED, ,its NOT TEE IRUI7O7AMFSS, ACCURACY, on MOONYLF TATOOCi/RC.. s1A7E OP CALIFORNIA ) COUNTY CF ON .717 REFUTE ALE. 1R11E:NALLY APPEARED Aa0AAY PUPL/C NI40 PROM TO NE ON WE OASTS Cr SA7SFACr0RY E410ENtf TO SE PE P1105(W S) wasp 10WI Y isfues s oSCR BE0 TO RE WHEN ANS7REMAFNr AND ACOHOMPDO® TO M is NAT NE/SHE/7PEY MEOWED THE SANE 1P1 HIG NFR/MLR AWRae0: ':Amor:NES). AH0 R1AY 8YE0'S/>4A/R79R SOW RAN'(S1 ON DE NH:.IHiaUf74Y 1N£ PERSONS), MT THE WITTY UPON BEHALF OF WON RE PERSONS) ACM WILD 1N& IMSIMANT i CERTIFY UNDER PENALTY OF PERJURY WAER THE NAPS OF THE STATE OF CN.RTADLA THAT THE FOREGOING PA ACTRA. 1 78 POE AND CORRECT. MINERS NY HANG AMD OFFICIAL PM PGAEF RENT NAETE PRINCIPAL PLACE O' BUSHES& COUNTY COMMIS14W EAPETAROr DAM CYMWHS90N TAMER C NDMARK FN- E78TH ST-NAY-1S-'D/5/77 A NOTARY RAM OR OPkF 1F17CR COl6YEl/NG TF0S LEVY:CAIE MIRES OILY IHE /6317T7Y OF THE OW SNAIL RHO ECM THE DOCUMENT TO N1EYS1 179S iE9711ICAIE 7S ATTACKED, AM Nor INC 7AO7N01NESA ACCURACY, OR YA1AITY OF THAT DOCUMENT, STATE OF CV:FOId14 ) MANY OF TW 20— E1EFDRE NE Ro1m1Y PWHl170 PERSONALLY APPEARED IEWO PROVED 7O NE ON THE OARS OF EA1TF'ACT[ ? EIOTENCE TO HE THE PERSOR(S) WOW MAXIS) IS/AXE gms.Alam 10 :NE NRTn1N OPSTRI HEM1 AND ACXNOI00)00 70 40 THAT t14f171Ea THE SANE 1N Nf5/HER/RR7N AOIN0717ED CAP Alm THAT Ur /HS/,TER/R1EAR SRYµNRE(s) ON RE P407777 R T THE /407)5 (0,7, OR Tr0 DIRTY LIMY 0ENALF or N EN AMC AMMO) AMA MENLO PE IHS1RUNENT. I CERNY UNDER PENALTY OR PERJURY IRON? 771E LAMS OF 111E S7170 Of =FORMA THAT THE FORE190010 PARAGRAPH IS MX MD COR'EC: NIINESS NY HANI ANC afro& SEAL PLEASE PENT HAKE PRRRYPAL PLACE OF EW.NE= CMMK90H ETPd7AP61 RATE OCACCB790N NUE®ER7 A NOTARY PUBLIC OR OPER OET7Ca7 POPIREii WC IRIS CBRTTFIOATE MOTES CRY THE 770N717Y OF RE 9161.10f1A1 IE10 ECNED THE OOC INNT 70 YN01 TNS E R7IFICA7E 7s Ar1A0HEL, AND NOT ME 7RURl0LIESS, ACCURACY, OR NALarrY Cf THAT OOCUMENE C0E81WY srATE of CALDYRNIA ) COUNTY OF ) ON 7<0 EVEN EE, . NOrARY P19uq rumNAL.Y APPEARED INTO PROVER TO HE ON TIE BASS OF SATISACTMe7 EVIDENCE TO Ei THE PER9.a7(5) %HOSE NANF(S)) WARE &osoleo ro THE WPM t1STROMENT ANO ACT71ONIPDOED 79 OE MAT HP/SHE EXECUTED THE SANE ET FRS/MFR/RW.AP Wow= CAPAQrl(E.° Ana THAT BY ILS/NE7/THE➢R 9GN7CWE(SJ Qv NNE M7siNuaNNT THE mit0GY(50 CYT 711E EMPTY UPON 1071ALF OF RIRON TiiE PERSON(5) ACTEo, ovum 71.E &STRIA 0010 1 CERIUY WA/ER PENAET, PER16lY UNDER ThLZ LAW CIF THE STATE. OF CA/FA0N'A RAT 171E FAEOOENO PARAGRAPH S TRUE MO CORRECT. *MESS MY HANG AND 0'E7GA1 SFJ1, PEASE PRR1T NAME: PRINCIPAL PLACE OF BUSTESi COUNTY CCOW0ON MUM CANE: CCEONS5ICN NN®me: .: L.. ..:6C. ,..LEI-_- -. 161 of 647 • MAP NO. VICINITY MAP NOT TO SZ:ALE SEWN MR MCAINErrARav WS NNE PF'DE2E AREAS. ROANS 144.9 EOM w OF I�4 AVE DDEE010.4T D I ALO Ammo 1012014 10' (}FWA$ A' 1' a l0 BEARING GOiiANCE N1740.2rw 7LD4' tintreast P9B' LB7'474594, MOS' L4 N72W'R0'E IA88' AtCE.1ED A9 PONT LW 8' m119899 7 IOW SOW AAO ON A 0.00' OFFSET IRON WIFRLY REM OF P AI2NJZ NDMARK *'6" �' Ul.9," �'7L'4l1t p..�.:.m.o3/mae,. er— CASE NO. 2017-08—S, IN t'NE CITY OF NA TiONAL CITY WEST HIGHLAND ROWHOMES FOR CONDOMINIUM PURPOSES 18TH STREET (330) 1117208'E0'8. 43118J N72n76E E 331.3.1' rm.commrsaiiftega-TE PORROH OF i AW.. 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A d7 H HF11E isrAHNA1t0 741011 cavrdl710Ds.7 0147lA1PFG R013ENCE 8 21404S (OM) p473' Ate T+47s' 0E01140 MON 0E00ERC 454tDES MUM HY DE CAUF0RWA SPADAL RiF1ROVCC WREN (9191 AESPECTIVEY, BEARING p-k N1r473018 00mi0 4ADeu`s Mal AVFAQRE YAPS OR DO075 YAY OR MY NOT HE 9 TSRNS OF SNO 33Drat1 rff; 094 WN0 57.A D' maim AT tow A' 18 LOOMS. DR3 3.97ANOE • mow 0A3TANor R 978987E S0.14E FAP.DR 0EVA71aN AT A' ID 18.0 . 8TAMN1A4 P473. COR8 MWACYM STARCH 0 34344�te PONT1-4 A' EEet.0 4831,4d DEId(L: $ � E.a.3Dras3.a COS H3 T1ES NTS N17YY1rW 10018' (ORM PANT 'H' 100 87A7FONr P47A COPSE �t 3i/d' ENkt3010,9122..005 POOR' LO NA 8TA0ON Nei 823,70271 S.42.80,78218 MLNCAI0 SWANNN HOA'OARY. It) ROUES PORNO LEAD AND DISC :TAWS) i8 Mr PER EIAP NO 18770 ON= 0170880609ND= O NOYCA7E8 FOEp00 LEAD AND MO STAMPED 910E 7907" PO1 RDs Na 4384, UNLESS °VERN E NOTED. C] 9JW0A� 40180 20100.�N9 ads'7AMPEO NB O832' PO CORNl7 MOkA780 SET LEAD NV DISC SIMKO 3.S 7880'. ('J d.DYGArtr 00982MDON () MAID OMR PER MAP No 78T.Y [ 1 OARCATFS DATA PER NAP NO.201. devFY KI 7. 49EA OF SARI MSON.• 0288 ACRES (AO) 2. TOM MW1170 OF t01S 7. PORNO tEAO AND 080 Sr70079 '9F 1.90i3" PER MAP NIA AL11,'is 20 uY 4,00' WWI 70 644701LY McNFE 7 V' slner II 13 �sE7RVRYOR 8 NOT ESTAH71980r OF'F" AVM WE NW CORNER GE 1HE PROPIII79 lag E8708I2f1ED B7 MOM 6E7XR0 OTTANCE OR NAP 09778) FROM RE MONO HYMEN? JAST EASIERLY OF PONY 17, TI017 MS ESrARI,FED MINER AND WE SAY FOL40 It0AL0ENT HELD AT A OM' oPrs47 1D o9 ADDI R7 AINAR16 OF r MOVE NOW 959D 1O 8972818N DOE LOCATION OF '7' mime HY NDLDNIG 1Q0980 RN21Y--Q=MA1 N@1M .�r 804751'. 3D' A' - E 107R sr - :F 41-13 - 8,447 CALF 00 i4 - Y47E77 :82- 7.F7 162 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 163 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to HMS Construction, Inc. in the not -to -exceed amount of $725,000 for the Highland Avenue Traffic Signal Modifications Project, CIP No. 18-03; 2) authorizing a 15% conting 163 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to HMS Construction, the n xccc�j amount of $725 000 for the Highland en Traffic Signal Modifications inc.YY llr�� LY Sys not -to -exceed GYYiYVt�11L of yY'L tJ,VVV IVY the 1 OY{�. l`LO�ti l4J �Yrill��. 1 Ya9®Y� �IgIBC$Y CNlL71d 9lEleCdlCons Project, CIP No. 18-03; 2) authorizing a 15% contingency in the amount of $108,750 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. PREPARED BY: Jose Lopez, Assistant Engineer - Civil DEPARTMENT Engineering/Public Works PHONE: 619-336-4312 APPROVED BY: EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. See attached. APPROVED: O( APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Caftans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: r 1 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to HMS Construction, Inc. in the not -to -exceed amount of $725,000 for the Highland Avenue Traffic Signal Modifications Project, CIP No. 18-03. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation wi Financial Statement 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 164 of 647 EXPLANATION The Highland Avenue Traffic Signal Modifications Project will replace existing permitted left -turn phasing / signal heads with protected left -turn phasing 1 signal heads for safety at the following 6 intersections: • Highland Avenue & E. 4th Street a Highland Avenue & Wal-Mart Driveway • Highland Avenue & E. 16th Street • Highland Avenue & E. 18th Street • Highland Avenue & E. 21st Street • Highland Avenue & E. 24th Street The project will also provide Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, and other traffic signal modifications / equipment. On April 12, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 16, 2018 and April 23, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018, three (3) bids were received by the 2:00 p.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 14, 2018. HMS Construction, inc. was the apparent lowest bidder with a total bid amount of $725,000 as the basis of award. HMS Construction, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, HMS Construction, inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to HMS Construction, Inc. in the not - to -exceed amount of $725,000. Staff also recommends authorizing a 15% contingency in the amount of $100,750 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summat-y of the three lowest bidders for reference. Construction is estimated to be competed by Spring 2019. Updates will be provided on the City's GIP website at: nationalcityprojects.com. 165 of 647 Financial Statement Contract Award - $725,000.00 Revenue Account No. 296-06042-3498 E pend tore Acccunt No. 295-409-500-598-6042 (Highland Avenue Traffic Signal Modifications) 15% Contingency $108,750.00 Expenditure Account No. 296-409-500-598-6042 (Highland Avenue Traffic Signal Modifications) - $4,300.00 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $104,450.50 Notes: 1. Fund 296 (Engineering Grants) - funds available through prior City Council Appropriations 2. Fund 307 (TransNet Prop A) - funds will be available in FY 2019 through adoption of the 2018 Regional Transportation Improvement Program (RTIP); City Council authorized FY 2019 TransNet Prop A appropriations in the amount of $800,000 for Traffic Signal Upgrades on April 3, 201 8 through adoption of Resolution No. 2018-49. 166 of 647 CALIFORNIA +• AIowa C.7 BID OPENING RESULTS NAME: HIGHLAND AVENUE TRAFFIC SIGNAL MODIFICATIONS, CIP NO. 18-03 DATE: Monday, May 14, 2018 TIME: 2:00 P.M. ESITMA.TE: $770,000 PROJECT ENGINEER Roberto `nano, P.E. NO. BIDDER'S NAME BED AMOUNT ADDENDA #1,2 BID SECURITY BOND l HMS Construction, Inc. 2885 Scott Street Vista, CA 92081 $725,000.00 1,2 Bond `. DBX, INC. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 $773,494.00 1,2 Bond 3 Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $775,088.00 1,2 Bond 167 of 647 Bid Results for the Highland Avenue Traffic Signal Modifications Project, CIP No. 18-03 HMS Construction, Inc. DEX, Inc.. Lekos Electric, Inc. Item No. Ilasr 1 Items Description (S) Indicate Specialty Item Qty, Unit Price Extension (Quantity x Unit Price Unit Price Extension (Quantity x Unit Price Unit Price Extension (Quantity x Unit Price) Bid - Highland Avenue Traffic Signal Modificatians (HSIPL-5O66(027)) Bonding LS 1 $ 6,000.00 $ 6,000.00 $8,000.00 $ 8,000.00 $11,350.00 $ 11,350.00 2 Mobilization/ Demobilization LS 1 $ 15,000.0.0 $ 15,000.00 $3,500.00 $ 3,500.00 $42,000.00 $ 42,000.00 3 4 Surveying and Construction Staking (S) LS 1 $ 20,000.00 $ 20,000.00 $3,500.00 $ 3,500 00 $12,600.00 $ 12,600 00 Clearing and Grubbing LS 1 $ 5,000.00 $ 5,000.00 $1,200.00 $ 1,200.00 $8,400.00 $ 8,400.00 5 Traffic and Pedestrian Control LS 1 $ 12,000.00 $ 12,000.00 $10,500.00 $ 10,500.00 $17,800.00 $ 17,800.00 •5 Water Pollution Control/ BMP's LS ,1 $ 3,000.00 $ 3,000.00 $1,500.00 $ 1,500.00 $13,000.00 $ 13,000.00 7 Signing and Striping (S) LS 1 $ 1,000.00 $ 1,000.00 $4,000.00 $ 4,000.00 $1 I,000.00 $ 1.1,000.00 Y Traffic Signal Modifications (Highland Ave and 4th street) (5) LS 1 $ 80,000.00 $ 80,000.00 $75,140.00 $ 75,140.00 $70,500.00 $ 70,500.00 Traffic Signal Modifications (Highland Ave and Walmar Driveway) (S) LS 1 $ 188,000.00 $ 188,000.00 $227,798.00 $ 22.7,798.00 $213,500.00 $ 213,500.00 10 Traffic Signal Modifications (Highland Ave and 16th street) (S) LS 1 $ 70,000.00 $ 70,000.00 $69,296.00 $ 69,296.00 $54,729.00 $ 54,729.00 1.� Traffic Signal Modifications (Highland. Ave and 18th street) (S) LS 1 $ 70,000.00 $ 70,000.00 $68,405.00 $ 68,405.00 $52,754.00 $ 52,754.00 12 Traffic Signal Modifications (Highland Ave and 21:st street) (S) LS 1 $ 70,000.00 $ 70 000.00 $66,430.00 $ 66 430.00 $52,055.00 $ 52,055.00 168 of 647 HMS Construction, Inc. DBX, Inc. Lekos Electric, Inc Item No. Item I}escription (S) Indicates scrip ionity Mena SpeciUnit Unit Qty. Unit Price Extension (Quantity x Pricel Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) 13 Traffic Signal Modifications (Highland Ave and 24th street) (S) LS. 1 $ 160,000.00 $ 160,000.00 $202,375.00 _ $ 202,375.00 $189,400.00 $ 189,400.00 14 Construct New AID Compliant Curb Ramps EA 4 $ 6,000.00 $ 24,000.00 $7,800.00 $ 31,200.00 $6,200.00 $ 24,800.00 15 Relocate Existing Newspaper Vending Machines LS 1 $ 1,000.00 $ 1,000.00 $650.00 $ 650.00 $1,200.00 $ 1,200.00 Highland Avenue Traffic Signal Modifications Base Bid Total: $ 725,000.00 $ 773,494.00 $ 775,088.00 169 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 170 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not - to -exceed amount of $239,279 for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) authorizing a 15% co 170 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279 for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04; 2) authorizing a 15% contingency in the amount of $35,891.85 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. PREPARED BY: Jose Lopez, Assistant Engineer - Civil PHONE: 619-336-4312 EXPLANATION: See attached. V EPARTMEN k Engineering/Public Works APPROVED BY z FINANCIAL STATEMENT ACCOUNT NO. See attached. APPROVED: --ka APPROVED: Finance MIS ENVIRONMENTAL REVIEVI,1: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: C 1 FINAL ADOPTION: [ STAFF RECOMMENDATION: Adopt Resolution awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279 for the Highland Avenue and E. 28th Street Traffic Signal Improvements Project, CIP No. 18-04. BOARD 1 COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w0 Financial Statement 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 171 of 647 EXPLANATION The Highland Avenue and E. 28th Street Traffic Signal Improvements Project will install a new traffic signal with protected left -turn phasing next to Sweetwater High School, including Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, fiber communications infrastructure, and other traffic signal equipment. On April 12, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 16, 2018 and April 23, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018 five (5) bids were received by the 2:u0 p.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 14, 2018. DBX, inc. was the apparent lowest bidder with a total bid amount of $239,279 as the basis of award. DBX, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, DBX, Inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to DBX, Inc. in the not -to -exceed amount of $239,279. Staff also recommends authorizing a 15% contingency in the amount of $35,891.85 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed by Spring 2019. Updates will be provided on the City's CIP website at: nationalcit_yprojects.com. 172 of 647 Financial Statement Contract Award - $239,279.00 Revenue Account No. 296-06041-3498 - $154,000.00 Expenditure Account No. 296-409-500-598-6041 (Highland Avenue and E. 28th Street Traffic Signal Improvements) - $154,000.00 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $85,279.00 15% Contingency - $35,891.85 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $35,891.85 Notes: 1. Fund 296 (Engineering Grants) - funds available through prior City Council Appropriations 2. Fund 307 (TransNet Prop A) - funds will be available in FY 2019 through adoption of the 2018 Regional Transportation Improvement Program (RTIP); City Council authorized FY 2019 TransNet Prop A appropriations in the amount of $800,000 for Traffic Signal Upgrades on April 3, 2018 through adoption of Resolution No. 2018-49. 173 of 647 CA.IFORNIA. NATIONALCITY �-' 4.111CORPOtticOM. BID OPENING RESULTS NAME: HIGHLAND AVENUE & E. 28th STREET TRAFFIC SIGNAL IMPROVEMENTS, CIP NO. 18-04 DATE: Monday, May 14, 2018 TIME: 2:00 P.M. ESTIMATE: $240,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2 BID SECURITY 1 DBX, INC. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 $239,279.00 1,2 Bond 2 Lekos Electric, Inc. 1370 Pioneer Way El Cajon, CA 92020 $249,200.00 1,2 Bond 3 T&M, Inc. P.O. Box 710130 Santee, CA 92071 $251,950.00 1,2 Bond HMS Construction, Inc. 2885 Scott Street Vi-d.a.R, CA 920gi $260,000.00 1,2 Bond 5. Southwest Signal Service 397 Raleigh Avenue El Cajon, CA 92020 $952,535.00* 1,2 Bond * FINAL BID AMOUNT CHANGED BASED ON REVIEW OF "QUANTITY X UNIT PRICE" FOR INDIVIDUAL LINE ITEMS OF WORK. 174 of 647 Bid Results for the Highland Avenue and E. 28th Street Traffic Signal Improvements, CH' No. 18-04 DUX, Inc. Lekos Electric. Inc. Lekos Electric, Inc. Item No. Item Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantityx Unit Price Unit Price Extension (Quantityx Unit Price) Unit Price Extension (Quantityx Unit Price) Base Bid m Higitioad Avenue and P.:. 28th Street Em:hnnceitruts IPL-5066(028)) 1 Bonding LS T 1 $ 3,000.00 $ 3,000.00 $3,690.00 $ 3,690.00 $3,900.00 $ 3,000 00 2 Mobilization/ Demobilization LS 1 $ 7,500.00 $ 7,500.00 $15,000.00 $ 15,000.00 $7,500.00 $ 7,500.00 3 Surveying and Construction Staking (S) Lw 1 $ 3,000.00 ° $ 3,000.00 $1,900.00 $ 1,900.00 $7,500.00 $ 7,500.00 4 Clearing and Grubbing LS . 1 $ 900.00 , $ 900.00 $1,600.00 $ 1,600.00 $5,000.00 $ 5,000.00 5 Traffic and Pedestrian Control LS 1 $ 7,000.00 $ 7,000.00 $4,800.00 $ 4,800.00 $12,000.00 $ 12,000 00 6 Water Pollution Control/ BIVIP's LS I 1 $ 1,500.00 $ 1,500.00 $2,500.00 $ 2,500.00 $5,000.00 $ 5.000.00 7 Signing and Striping (S) LS 1 $ 8,300.00 $ 8,300.00 $9,637.00 $ 9,637.00 $9,500.00 $ 9,500.00 8 9 Traffic Signal Modification (S) LS � 1 $ 195,779.00 $ 195,779.00 $195,093.00 $ 195,093.00 $185,000.00 $ 185,000.00 Install Type B-3 Median Curb Per SDDDRSD G-6 on Existing Asphalt Pavement LF 70 $ 90.00 $ 6,300.00 $139.00 $ 9,730.00 $110.00 $ 7,700.00 10 Install 6" Concrete Median on Existing Pavement SF 150 $. 40.00 $ 6,000.00 $35.00 $ :5,250.00 $65.00 $ 9,750.00 I-lighland Avenue and E. 28th Street Enhancements Ease Bid Total: $ 239,279.00 $ 249,200.00 $ 251,950.00 175 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 176 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Select Electric, Inc. in the not -to -exceed amount of $797,970 for the Citywide Traffic Signal and ADA Improvements Project, CIP No. 18-05; 2) authorizing a 15% continge 176 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Select Electric, Inc. in the not -to -exceed amount of $797,970 for the Citywide Traffic Signal and ADA Improvements Project, CIP No. 18-05; 2) authorizing a 15% contingency in the amount of $119,695.50 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. PREPARED BY: Jose Lopez, Assistant Engineer Civil DEPARTMENT Engineering/Public Works 7. PHONE: 619-336-4312 APPROVED BY:; ,� / . "� EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. See attached. APPROVED: White Finance APPROVED: MIS ENVIRONMENTAL REVIEW: Caftans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: L ] FINAL ADOPTION: STAFF RECOMMENDATION Adopt Resolution awarding a contract to Select Eleetrie, Inc. in the not -to -exceed amount of $797,970 for the Citywide Traffic Signal and ADA Improvements Project, CIP No. 18-05. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS; 1. Explanation w/ Financial Statement 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 177 of 647 EXPLANATION The Citywide Traffic Signal and ADA Improvements Project includes installing pedestrian crosswalk striping, Americans with Disabilities Act (ADA) enhancements, pedestrian countdown signal heads, audible pedestrian push button systems, and other traffic signal modifications / equipment at the following 7 intersections: • Palm Avenue & E. 4t" Street Palm Avenue & Division Street "D" Avenue & E. 18th Street "D" Avenue & E. 24th Street • Euclid Avenue & Division Street • National City Blvd & 16th Street • 2nd Ave & Sweetwater Road On April 18, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 20, 2018 and April 27, 2018, the bid solicitation was advertised in local newspapers_ On May 10, 2018, four (4) bids were received by the 10:00 a.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 10, 2018. Select Electric, Inc. was the apparent lowest bidder with a total bid amount of $797,970 as the basis of award. Select Electric, Inc.'s bid was determined to be responsive. Upon review of al! required documents submitted and reference checks, Select Electric, Inc. was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Select Electric, Inc. in the not -to - exceed amount of $797,970. Staff also recommends authorizing a 15% contingency in the amount of $119,695.50 to addrecs any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed by Spring 2019. Updates will be provided on the City's CIP website at: nationalc!typrojects.com. 178 of 647 Financial Statement Contract Award - $797,970,00 Revenue Account No. 296-06043-3498 Expenditure Account No. 296-409-500-598-6043 (Citywide r-raffic Signal & ADA Improvements) 15% Contingency - $119,695.50 Expenditure Account No. 296-409-500-598-6043 (Citywide Traffic Signal & ADA Improvements) - $12,680.00 Expenditure Account No. 307-409-500-598-6558 (Traffic Signai Upgrades) - $107,015.50 Notes: Fund 296 (Engineering Grants) - funds available through prior City Council Appropriations 2. Fund 307 TransNet Prop A) - funds will be available in FY 2019 through adoption of the 2018 Regional Transportation Improvement Program (R T IP); City Council authorized FY 2019 TransNet Prop A appropriations in the amount of $800,000 for Traffic Signal Upgrades on April 3, 2018 through adoption of Resolution No. 2018-49. 179 of 647 '�-�:CALIWO.RN.IA NATI_�"' NALCITY • B!D OPENING RESULTS NAME: CITYWIDE TRAFFIC SIGNAL AND ADA IMPROVEMENTS, CIP NO. 18-05 DATE: Thursday, May 10, 2018 TIME: 10:00 A.M. ESTIMATE: $780,000 PROJECT ENGINEER: Roberta Yano, P.E. NO. BIDDER'S NAME BED AMOUNT ADDENDA #1,2 BID SECURITY _ BOND Select Electric, Inc. 2790 Business Park Drive Vista, CA 92078 $797,970.00 1, 2 Bond 2 II Yea Construction, Inc. 2885 Scott Street Vista, CA 92081 $870,000.00 1, 2 Bond 3 Tri Group Construction 9580 Black Mountain Rd. Ste. L San Diego, CA 92126 $874,755.00 1, 2 Bond 4. DBX, INC. 42024 Avenida Alvarado, Ste. A TemtT111a, rA 9,.590 $1,081,287.00 1, 2 Bond 180 of 647 Bid Results for the Citywide 'Traffic Signal and ADA Enhancements Project, CAP No. 18-05 Select Electric, Inc. HIVES Construction, Inc. Tn-Group Construction Item No. Item Description (S) indicates Specialty 'Item Unit Qty. Unit Price ]Extension (Quantity x Unit Price Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Base Bid - Cipvide Traffic Signal surd ADA Enhaucinegats (fiSr111,-5066(029)) 1 Bonding LS 1 $ 10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 2 Mobilization/ Demobilization LS 1 $ 38,332.00 $ 38,332.00 $10,000.00 $ 10,000.00 $26,000.00 $ 26,000.00 3 Clearing and Grubbing LS 1 $ 17,879.00 $ 17,879.00 $7,000.00 $ 7,1)00.00 $87,000.00 $ 87,000.00 4 Unclassified Excavation and Grading LS ` 1 $ 9,996.00 $ 9,996.00 $7,000.00 $ 7.000.00 $10,000.00 $ 10,000 00 5 Traffic and Pedestrian Control LS 1. $ 21,173.00 $ 21,173.00 $8,000.00 $ 8,000.00 $35,000.00 $ 35,000 00 6 Surveying and Construction Staking (S) LS r 1 $ 23,704.00 $ 23,704.00 $15,000.00 $ 15,000.00 $15,000.00 $ 15,000.00 7 Signing and Striping (S) LS 1 $ 23,756.00 $ 23,756.00 $26,000.00 $ 26,000.00 $21,000.00 $ 21,000.00 8 Water Pollution Control/ BMP's LS 1. $ 1,714.00 $ 1,714.00 $3,000.00 $ 3,000.00 $5,000.00 $ 5,000.00 Traffic Signal Modifications (4th Street and Palm Ave) (S) LS 1. $ 15,31.3.00 $ 15,313 00 $40,000.00 $ 40,000,00 $20,000.00 $ 20,000.00 10 Traffic Signal Modifications (1 iith Street and D Ave) (S) LS 1 $ 33,306.00 $ 33,306.00 $70,000.00 $ 70,000.00 $ 80,000 00 $40,000.00 $25,000.00 $ 40,000.00 $ 25,000.00 11 Traffic Signal Modifications (Division Street and Euclid Ave) (S) LS ; 1 $ 23,354.00 $ 23,354.00 $80,000..00 12 "Traffic Signal Modifications (16th Street and National City Blvd) (S) LS 1 $ 111,044.00 $ 111,044.00 $91,000.00 $ 91,000.00 $130,000A0 $ 130,000.00 181 of 647 Select Electric, Inc. HMS Construction, Inc. Tri-Group Construction Item No. Item De ,criptiuil (S) Indicates Specialty Item Unit M'>ty. Unit Price Extension (Quantity uantity x Unit Price) Unit Price Extension (Quantity x tTnit Price) Unit Price Extension (Quantity x Unit Price) 13 Traffic Signal Modifications (24th Street and D Avenue) (S) LS 1 $ 46,651.00 $ 46,651.00 $91,000.00 $ 91,000.00 $55,000.00 $ 55,000.00 14 Traffic Signal Modifications (Division Street and Palm Ave) (S) LS 1 $ 102,035.00 $ 102,035.00 $91,000,00 $ 91,000.00 $120,000.00 $ 120,000 00 15 Traffic Signal Modifications (Sweetwater Ave)Road and 2nd Ave) S) LS $ 89,241.00 $ 89,241.00 $60,560.00 $ 60,560.00 $105,000.00 $ 105,000.00 16 Construct Curb Ramp EA I.7 $ 3,656.00 $ 62,152.00 $5,000,00 $ 85,000.00 $3,500.00 $ 59,500 00 17 Construct 6' Type G-2 Curb &Gutter per SDRSD G-2 LF 310 $ 59.00 $ 18,290.00 $65.00 $ 20,150.00 $35.00 $ 10,850.00 18 Construct AC Paving (Match Existing Section) SF 1.:3,890 $ 9.00 $ 125,010.00 $9.00 $ 125,i/10.00 $4.50 $ 62,505.00 10 Construct 4" PCC Sidewalk per SDRSD G SF I,900 $ 7.00 $ 20,300.00 $8.00 $ 23,200.00 r $9.00 $ 26,100.00 20 Furnish and Install Mulch SF 1,l SI0 $ 4.00 $ 4,720.00 $G.00 $ 7,080.00 $10.00 $ 11,800.00 Highland. Avenue Traffic Signal Modifications Base Bid Total: $ 797,970.00 $ 870,000.00 $ 874,755.00 182 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 183 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not - to -exceed amount of $584,676 for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIP No. 18-06; 2) authorizing a 15% contingency in 183 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to DBX, Inc. in the not -to -exceed amount of $584,676 for the Fiber Optic Traffic Signa! Interconnect Expansion Project, CIP No. 18-06; 2) authorizing a 15% contingency in the amount of $87,701.40 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. Contract funded by Federal HSIP grant and TransNet Prop A. PREPARED BY: Jose Lopez, Assistant Engineer - Civil PHONE: 619-336-4312 EXPLANATION: See attached. AGENDA ITEM NO. FINANCIAL STATEMENT: ACCOUNT NO. See attached. DEPAR`ri EN 6 Engineering/Public Works APPROVED BY: 2. - APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: Caltrans Determination of Categorical Exclusion under 23 CFR 771.117 was approved March 23, 2015, and revalidated January 12, 2017. ORDINANCE: INTRODUCTION: [ 1 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution awarding a contract to DBX, Inc. in the not -to -exceed amount of $584,676 for the Fiber Optic Traffic Signal Interconnect Expansion Project, CIF' No. 18-06. BOARD t COMMISSION RECOMMENDATION: N/A ATTACHMENTS 1. Explanation w/ Financial Statement 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 184 of 647 EXPLANATION The Fiber Optic Traffic Signal Interconnect Expansion Project will instal! a fiber optic interconnect system along the following four corridors: • National City Blvd between E. 1st Street and E. 30th Street • E. Plaza Blvd between National City Blvd and S. Harbison Avenue • Euclid Avenue between E. Plaza Blvd and E. 24th Street ▪ E. 30th Street/Sweetwater Ater Read between National Pity Dlyd d Plaza Bonn_ I. JU VLIGGUVMYGGiYYQLGI 11Vau LJGLvV I1 11 LIJIIai City LJIVL4 'u E-Er�L Bonita Center Way The majority of the installations will occur within existing conduit. The project will also upgrade the existing communications infrastructure equipment with new switches, fiber patch panels, battery back-up systems, fiber splice enclosures, etc. !n addition, the project will install CPS emergency vehicle pre-emption systems at three signalized intersections along the Euclid Avenue corridor. On April 17, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 19, 2018 and April 26, 2018, the bid solicitation was advertised in local newspapers. On May 14, 2018, four (4) bids were received by the 2:30 p.m. deadline, opened and publicly disclosed. Bid results were available by the end of the business day, May 14, 2018. DBX, Inc. was the apparent lowest bidder with a total bid amount of $584,676 as the basis of award. DBX, Inc.'s bid was determined to be responsive. Upon review of all required documents submitted and reference checks, DBX, Inc. was deemed the lowest responsible bidder n Ia!i e.^to perform tihe+ work as described in t R or{iiPetiJe specifications. Therefore, staff recommends awarding a contract to DBX, Inc. in the not -to -exceed amount of $584,676. Staff also recommends authorizing a 15% contingency in the amount of $87,701.40 to address any unforeseen conditions that may arise. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed by Spring 2019. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 185 of 647 Financial Statement Contract Award - $584,676.00 Revenue Account No. 296-06040-3498 - $501,400.00 Expenditure Account No. 296-409-500-598-6040 (Fiber Optic Traffic Signal Interconnect Expansion) - $501,400.00 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $83,276.00 15% Contingency - $87,701.40 Expenditure Account No. 307-409-500-598-6558 (Traffic Signal Upgrades) - $87,701.40 Notes: 1. Fund 296 (Engineering Grants) - funds available through prior City Council Appropriations 2. Fund 307 (TransNet Prop A) - funds will be available in FY 2019 through adoption of the 2018 Regional Transportation !mprovement Program (RT1P); City Council authorized FY 2019 TransNet Prop A appropriations in the amount of $800,000 tor Traffic Signal Upgrades on April 3, 2018 through adoption of Resolution No. 2018-49. 186 of 647 * CALIFORNIA — NATioNma orr -c,rten BID OPENING RESULTS NAME: FIBER OPTIC TRAFFIC SIGNAL INTERCONNECT EXPANSION, CEP NO. 18-06 DATE: Monday, May 14, 2018 TIIVIE� 2:30 P.M. ESTIMATE. $655,000 PROJECT ENGINEER: Roberto Yano, P.E. NO. BII3DEE 'SNAME BID AMOUNT ADDENDA #1 BID SECURITY BOND 1. DBX, MC. 42024 Avenida Alvarado, Ste. A Temecula, CA 92590 $584,676.00 1 Bond 2. Select Electric, Inc. 2790 Business Park Drive Vista, CA 92078 $610,454.00 1 Bond 3 Elecnor Belco Electric, Inc. 14320 Albers Way Chino, CA 91710 $682,170.00 I Bond 4. HMS Construction, Inc. 2885 Scott Street Vista, CA9?` 81 $775,000.00 1 Bond 187 of 647 Bid Results for the Fiber Optic Traffic Signal Interconnect Expansion Project, CEP No. 18-06 DBX, Inc. Select Electric, Inc. Elecnor belco Electric, Inc. Item No. Item Description (S) }indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Unit Price Extension (Quantity x Unit Price) Ease Bide Fiibser Optic Traffic Signal -Interconnect Ex aansion Project (I11SIPL-5066(030 ) 1 Bonding LS 1 $ 6,000.00 $ 6,000.00 $7,500.00 $ 7,500.00 $4,000.00 $ 4,000.00 2 Mobilization/ Demobilization LS 1. $ 1,500.00 $ 1,500.00 $27,950.00 $ 27,950.00 $20,000.00 $ 20,000.00 3 Traffic and Pedestrian Control LS I. , $ 41,000.00 $ 41,000.00 $7,489.00 $ 7,489.00 $22,000.00 $ 22,000.00 4 Water Pollution Control/ BMP's LS 1 $ 1,500.00 $ 1,500.00 $1,788.00 $ 1,788.00 $3,000.00 $ 3,000.00 5 Remove Existing Components Per Plan (S) LS 1. $ 3,400.00 $ 3,400.00 $13,508.00 $ 13,508.00 $5,000.00 $ 5,000 00 6 Furnish and Install New 2070 ATC Controller (S) EA 19 $ 4,655.00 $ 88,445.00 $5,624.00 $ 106,856.00 $5,578.00 $ 105,982.00 Furnish and Install New Serial to Ethernet Converter for 170E Controller (S) EA 21 $ 179.00 $ 3,759.00 $344.00 $ 7,224.00 $362.00 $ 7,602.00 8 Furnish and Install New Oversized #6T Pull Box with Extension (S) EA 8 $ 3,000.00 $ 24,000.00 $1,921.00 $ ;15,368.00 $1,308.00 $ 10,464.00 Furnish and Install New 72 Strand Splice Closure (S) EA 17 $ 705.00 $ 11,985.00 $738.00 $ 1.2,546,00 $2,100.00 $ 35,700.00 10 Furnish and Install New 36 Strand Splice Closure (S) :BA 1 $ .545.00 $ 545.00 $651.00 $ 651.00 $1,800.00 $ 1,800.00 11 Furnish and Install Fiber Distribution Unit with 1U Rack Mount and 1 Splice Cassette with 12 Ports, Jumpers, and Cabinet Termination Equipment (S) JA. 29 $ 1,065.00 $ 30,885.00 $690.00 $ 20,010,00 $1,500.00 $ 43,500.00 188 of 647 DI3X, Inc. Select Electric, Inc. Elecnor belco Electric, Inc. Itenn No. Item Description (S) Indicates Specialty Items Unit Qty. Unit Price Extension (Quantity x Unit Price Unit Price Extension (Quantity x Unit Pricel Unit Price Extension (Quantity x Unit Price) 12 Furnish and Install Fiber Distribution Unit with 4U Rack Mount and 12 Splice Cassettes with 12 Ports, Jumpers, and Cabinet Termination Equipment (S) EA $ 6,900.00. $ 6.900.00 $4,503.00 $ 4,503.00 $1,800.00 $ 1,800.00 13 Furnish and Install New Layer 2 Ethernet Switch with 2-Dual Fiber/Transceiver Ports. Include Necessary Patch Cords (S) EA 40 $ 2,135.00 $ 85,400.00 $1,398.00 $ 55,920,00 $3,300.00 $ 132,000.00 14 Furnish and Install 72 Strand SMFOC (S) LF 31,400 $ 2.65 $ 83,210.00 $1.80 $ 56,520.00 $2.30 $ 72,220.00 15 Furnish and Install 12 Strand SMFOC (S) LF 6,500 $ 1.80 $ 11,700.00 $2.00 $ 13,000.00 $2.00 $ 13,000.00 16 Furnish and Install Tracer Wire and Mule Tape (S) LF 30,700 $ 0.85 $ 26,095.00 $1.26 $ 38,682.00 $1.42 $ 43,594.00 17 Furnish and Install Cat6 Cable (S) LF 220 $ 1.90 $ 418.00 $3.00 $ 660.00 $6.00 $ 1,320.00 18 Furnish and Insta11 2" PVC Conduit (S) LF 30 $ 150.00 $ 4,500.00 $65.00 $ 1,950.00 $100.00 $ 3,000.00 19 Furnish and Install New LED Controller Cabinet Light Strip (S) EA • 1 $ 225.00 $ 225.00 $250.00 $ 250.00 $500.00 $ 500.00 20 Furnish and Install New #5 Pull Box Lid with "Fiber Optic Communications" (S) EA .1 $ 500.00 $ 500.00 $410.00 $ 410.00 $800.00 $ 800.00 21 Furnish and Install Wireless Ethernet Radio and Associated Cable (S) EA .� 1 $ 3,484.00 $ 3,484.00 $5,250.00 $ 5,250 +00 $6,000.00 $ 6,000.00 22 Furnish and Dual Install Wireless Ethernet Radio and Associated Cable (S) EA 2 $ 4,685.00 $ 9,370.00 $5,784.00 $ 11,568.00 $7,500.00 $ 15,000.00 23 Furnish and Install Scotchlok Network Connectors (S) �� �.� _. _�_ I 8 , _L......._. $ 285.00 $ 2,280.00 $121.00 $ '968.00 $200.00 $ 1,600.00 189 of 647 r DBX, lr.c. Select Electric, tnc. Elecnor belco Electric, Inc. Item No. Item Description (S) Indicates Specialty Item Unit Qty. Unit Price Extension (Quantity x Unit Priced Unit Price Extension (Quantityx Unit Price)._Unit Unit Price Extension (Quantityx Price $ 11,682.00 24 Furnish and Install Ethernet Extender With PoE+ Powered Kit (S) A 11 $ 2,055.00 $ 22,605.00 $1,071.00 $ 11,847.00 $1,062.00 25 Field Splices (S) ' LS 1 $ 13,650.00 $ 13,650.00 $9,042.00 $ 9,042.00 $13,000.00 $ 13,000.00 26 Fiber Testing and Documentation (S) LS 1 $ 15,000.00 $ 15,000,00 $17,263.00 $ 17,263.00 $15,000.00 $ 15,000.00 Base Bid Sub Total: $ 498,356.00 $ 448,723.00 $ 589,564.00 Additive Bid - Fiber Optic Traffic Signal Interconnect Expansion (HSIPL-5066(030)) 27 Furnish and Install 1�Tew 'Type 1 to Type 2 332 Cabinet PDA Conversion (S) EA 14 $ 470.00 $ 6,580,00 $2,726.00 $ 38,164.00 $643.00 $ 9,002.00 28 Furnish and Install Power Cycle Relay Switch (S) EA 42 $ 250.00 $ 10,500.00 $609.00 $ 25,578.00 $62.00 $ 2,604.00 29 Furnish and Install Ethernet Conflict Monitor (S`) EA 42 $ 720.00 $ 30,240.00 $1,494.00 $ 62,748.00 $1,000.00 $ 42,000.00 30 Furnish and Install GP'S EVPE System Including Radio, Cables, and Disetriminator Card (S) EA 3 $ 13,000.00 $ 39,000.00 $11,747.00 $ 35,241.00 $13,000.00 $ 39,000 00 Additive Bid Sub Total $ 86,320.00 $ 161,731.00 $ 92,606.00 Grand Total (Base Bid + Additive Bid) $ 584,676.00 $ 610,454.00 $ 682,170.00 190 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 191 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City, 1) awarding a contract to Preman Roofing and Solar in the not -to -exceed amount of $304,410 for the City Hall Roof Replacement Project, CIP No. 18-08; 2) authorizing a 15% contingency in the amou 191 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Preman Roofing and Solar in the not -to -exceed amount of $304,410 for the City Hall Roof Replacement Project, CIP No. 18-08; 2) authorizing a 15% contingency in the amount of $45,661.50 for any unforeseen changes; 3) authorizing the Mayor to execute the contract; and 4) authorizing an increase of the Facilities Maintenance Reserve Tier 1 Projects appropriation by $200,000. PREPARED BY: Luca Zappiello, Junior Engineer - Civil PHONE: 6 1 9-336-4360 EXPLANATION: See attached. DEPARTMENT Engineering/Public Works APPROVED P` FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: ;Fund Source: 001-2411 (Facilities Maintenance Reserve) Expenditure Account: 001-409-500-598-1500 (Facilities Upgrades — Tier 1 Projects) $200,000 appropriation will reduce Facilities Maintenance Reserve balance from $2M to $1.8M. ENVIRONMENTAL REVIEW: The project comply with the California Environmental Quality Act (CEQA). ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 2 Finance MIS Adopt Resolution awarding a contract to Preman Roofing and Solar in the not -iv -exceed amount of $304,410 for the City Ran Roof Replacement Project, CIP No. 18-08. BOARD / COMMIS-S M ECOMMENDAHON: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Resolution 192 of 647 EXPLANATION On April 3, 2018, the City Council held a special meeting for a Capital Improvement Program Needs Assessment Workshop, where staff identified four different projects as Tier 1 projects. Tier 1 projects are defined as "Urgent" based on public health and safety. On May 1, 2018, the City Council adopted Resolution No. 2018-67 authorizing the establishment of a Facilities Maintenance Reserve Fund appropriation of 500,000, directing staff to proceed with the following Tier 1 Facility improvement Projects: 1) Civic Center Roof Replacement, 2) Police Department Roof Replacement, 3) Civic Center Fire Alarm System Upgrades, and 4) Kimbali Senior Center Air Handler Replacements. Prior to the City Council meeting held on May 1, 2013, staff had prepared a preliminary cost estimate to install a layer of Thermoplastic polyolefin (TPO) on top of the existing roof. The estimate was $180,000. Subsequent to the City Council meeting, staff authorized a professional roofing contractor to perform a thorough inspection of the condition of the roof, which indicated that a complete "tear -off" and replacement was needed. While a full roof replacement is more expensive, the new improvements would provide for a 25-30 year life cycle. On May 17, 2018, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On May 18, 2018 and May 22, 2018, the bid solicitation was advertised in local newspapers. On May 31, 2018, six (6) bids were received electronically on PlanetBids by the 1:00 p.m. deadline. Bid results were available immediately after the 1:00 p.m. deadline. Preman Roofing and Solar was the apparent lowest bidder with a total bid amount of $304,410 as the basis of award. Preman Roofing and Solar's bid was determined to be responsive. Upon review of all required documents submitted and reference checks, Preman Roofing and Solar was deemed the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Preman Roofing and Soiar in the not -to -exceed amount of $304,410. Staff also recommends authorizing a 15% contingency in the amount of $45,661.50 to address any unforeseen conditions that may arise. Since the contract award and contingency exceeds initial cost estimates, staff also requests that City Council authorize the establishment of a Facilities Maintenance Reserve Fund appropriation of $200,000 to provide sufficient funds for completion of this Tier 1 Facility Improvement Project. Attached are the bid opening summary sheet and a line item summary of the three lowest bidders for reference. Construction is estimated to be completed by November 2018. Updates will be provided on the City's CIP website at: nationalcityprojects.com. 193 of 647 NAME: CIP NO: DATE: TIME: ESTIMATE: ' CALIFORNIA NATIONAL cirr BID OPENING RESULTS City Hall Roof Replacement '8-0 Thursday, May 31, 2018 1.:00 P.M. $220,000 PROJECT ENGINEER: Roberto Yano, P.E, NO. BIDDER'S NAME BIB AMOUNT ADDENDA BO� rr Y 1. Preman Roofing and Solar 875 34th Street San Diego, CA 92102 $304,410.00 N/A Bond 2 Eberhard Benton Roofing 3691 Hancock St San Diego, CA 92110 $319,700.00 N/A Bond 3. Chambers Inc 1563 Sterling Court Escondido, CA 92029 $345,190.00 N/A Bond 4. Sylvester Roofing Company Inc. 306N West El Norte Pkwy., #371 i Escondido, CA 92026 $347,103.00 N/A Bond ✓ • 5 f.!ew...etrw.� ing o �6.�VE�1l SLtilS Li66E .R1E1�66J f.El A'iVVJ.lEL� CV, Inc. 9239 Olive Drive Spring Valley, CA 91977 $431,693.00 N/A Bond 6' Best Contracting Services, Inc.9119 19027 S Hamilton Ave Gardena, CA 90248 $658;754.00 N/A Bond 194 of 647 I3id Results for Project City Hall Roof Replacement (CIP No. 18-08) Preman Roofing and Solar Eberhard Benton Roofing I Chambers Inc Base Bid Dmxn No. 'Description 'Unit Qty. Unit Price Extension (Quanity x Unit Price) Unit Price Extension (Quanity x Unit Price) unit Price Extension (Quan.ity x Unit Prices 1 Mobil i.zation/Demobilization I.S 1 $4,500.00 $4,500 00 $5,300.00 $5,300.00 $5,000.00 $5,000.00 2 Removal and replacement of entire roofing system LS 1 S299,910.00 $299,910.00 $314,400.00 $314,400.00 $340,190.00 $340,190.00 ase or Total $304,410.00 $31.9,700.00 $345,190.00 cri 0 rn CC/CDC-HA Agenda 6/19/2018 — Page 196 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of time -restricted "No Parking Street Sweeping" signs on the south side of Eta Street and on the east side of N Highland Avenue between Eta Street and Bucky Lane (TSC 196 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. I ITEM TITLE: Resolution of the City Council of the City of National City authorizing the instaliat on of time -restricted "No Parkin() Street Sweeping" signs on the south side of Eta Street and on the east side of N Highland Avenue between Eta Street and Bucky Lane (TSC No. 201 8-08). PREPARED BY: Luca Zappiello, Junior Engineer — Civil PHONE: 619-336-4360 EXPLANATION: See attached. DEPARTMENT: Engineeringl!'ublic Works APPROVED BY: �- -$ ,,xsu._'2. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: APPROVED: FINAL ADOPTION: [ 1 Finance MIS STAFF RECOMMENDATION: Adopt a Resolution authorizing the installation of time -restricted "No Parking Street Sweeping" signs on the south side of Eta Street aid on the east side of N liig. i lai ode Avenue between Eta Street and Bucky Lane. BOARD I COMMISSION RECOMMENDATION: At their rmeedr;g on May 9, 2018, the Traffic Safety Cornmitee approved staffs :ecomme ,deco:: to install time -restricted No Parking Street Sweeping signs on the south side of Eta St and on the east side of N Highland Ave. ATTACHMENTS 1. Explanation wl Exhibit 2. Staff Report to the Traffic Safety Committee on May 9, 2018 (TSC No. 2018-08) 3, Resolution 197 of 647 EXPLANATION Mr. Don Jasmund, City Public Works Street and Wastewater Superintendent, has requested the installation of time -restricted "No Parking Street Sweeping" signs on the south side of Eta Street and on the east side of N Highland Aven.: betty eri Eta Street and Bucky Lane to improve access for scheduled weekly street sweeping services. Mr. Jasmund stated that a few weeks ago, the National City Police Department contacted City Public Works to report that severai area citizens had notified the Police Department about substantial trash and debris build-up cn the sides of the afurernentioned streets. Mr. ,.asrnuna also stated that oases an these reports, Public Works and the Police Department scheduled a special street sweeping sent; ce in order to clean the area. Since there are cars parked on the sides of the streets, street sweepers are unable to clear trash and debris along the curbline. Therefore, the proposed installation of "No Parking Street Sweeping" signs would eliminate this problem since it would result in a one -hour parking prohibition, one day a week. This would improve access for scheduled weekly street sweeping services. Engineering staff performed an on -site inspection and confirmed that there is a significant amount of trash build-up along the sides of the streets. It is also important to note that staffs recommendation is consistent with the City's goal to reduce environmental impacts associated with pollution of trash in ocean water and appropriate cleaning practices for streets with substantial trash problems. Engineering staff consulted with the Public Works Streets Division and confirmed that street sweeping is scheduled for this area every Wednesday between the hours of 8:00 AM and 9:00 AM, with the exception of City holidays. Staff sent notices to area residents, including the property managers of Park Villas Apartments and Happy Hollow Trailer Park, inviting them to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. This item was presented to the Traffic Safety Committee on May 9, 2018. Mr. Jasmund was present and spoke in support of the item_ There were no other members of the community present to speak on the item. Based on the staff report and testimony of Mr. Jasmund, the Traffic Safety Committee unanimously approved the staffs recommendation to install time -restricted "No Parking Street Sweeping" signs (R30B), `Wednesday, 8:00 AM and 9:00 AM," on the south side of Eta Street and on the east side of N Highland Avenue between Eta Street and Bucky Lane. If approved by City Council, all work will be performed by City Public Works. 198 of 647 Location Map with Recommended Enhancements (TSC Item: 2O18-8) 80" of oils -tins rod curb No Porkier 40' .0 euist ng red curb No P rkim®" 110' of existing rod curb "No Parking" at the Mu etop 1 44 io " A - da Happy Hollow Trailer Park Park Villas Apartments t 199 of 647 1 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 9, 2018 ITEM TITLE: ITEM NO. 2018-8 REQUEST TO INSTALL TIME -RESTRICTED "NO PARKING STREET SWEEPING" SIGNS ON THE SOUTH SIDE OF ETA STREET AND ON THE EAST SIDE OF N HIGHLAND AVENUE BETWEEN ETA STREET AND BUCKY LANE PREPARED BY: Luca Zappiello, Junior Engineer - Civil Engineering & Public Works Department DISCUSSION: Mr. Donald Jasmund, Street and Wastewater Superintendent of Public Works/Engineering Departments of the City of National City, has requested the installation of time -restricted "No Parking Street Sweeping" signs on the south side of Eta Street and on the east side of N Highland Avenue between Eta Street and Bucky Lane to improve access for scheduled weekly street sweeping services. Mr. Jasmund stated that a few weeks ago, the Police Department of the City of National City (Police Department) contacted his department to report that several area citizens had notified the Police Department about substantial trash and debris build-up on the sides of the aforementioned streets. Mr. Jasmund also stated that based on these reports, Public Works and the Police Department scheduled a special street sweeping sere ce in order to clean the area. Since there are cars parked on the sVes r:; the streets, street sweepers are unable to clear trash and debris along the curbline. Therefor tL L t �f A I : Street C " � � s;..,:C:C,::�, ::� �r�rS=S:� i;:c,aEEaeEt'�� _. .n a":£:iiE �=s�u.�t�9r?�; .,, :irni pate this pr ibie: s,. °ue.. ivlouid ;esu t EIS :'E. o .e :purr pa, ... :g proN'b:lion, one day a week. This would improve access for scheduled weekly street sweeping services. Engineering staff performed an on -site inspection and confirmed that there is a significant amount of trash build-up along the sides of the streets. It is also important to note that staffs recommendation is consistent with the City's goal to reduce environmental impacts associated with pollution of trash in ocean water and appropriate cleaning practices for streets with substantial trash problems. Engineering staff consulted with the Public Works Streets Division and confirmed that street sweeping is scheduled for this area every Wednesday between the hours of 8:00 AM and 9:00 AM, with the exception of City holidays. Staff sent notices to area property owners, inviting them to attend the Traffic Safety Cornmittee Meeting andlor contact staff with any questions 200 of 647 STAFF RECOMMENDATION: Staff recommends the installation of time -restricted "No Parking Street Sweeping' signs (R30B), "Wednesday, 8:00 AM to 9:00 AM," on the south side of Eta Street and on the east side of N Highland Avenue between Eta Street and Bucky Lane. EXHIBITS: 1. Correspondence 2. Public Notice 3. Location Map 4. Photos 201E-8 201 of 647 NATIONAL oica oialVD C tl;IFORNIA` * PUBLIC REQUEST FORM Contact information Name: Don Jasmund, Street/Wastewater Superintendent of Public W orkslEngineering Dep. Address: Mine: Email: Request Information Location: Request: REQUEST TO INSTALL TIME -RESTRICTED "NO PARKING STREET SWEEPING' SIGNS ON THE SOUTH SIDE OF ETA STREET AND ON THE EAST SIDE OF N HIGHLAND AVENUE BETWEEN ETA STREET AND BUCKY LANE A.ttachiment4 j Yo4 / I No Description: Internal Use Only: Request Received By: L. Zappiello Date: 0120/20i 8 Received via: Counter/In-PersonETe€e?hone ZEmailriFaxlReferral: Assigned To: L Zappiello Notes: 202 of 647 May 2, 2018 Resident/Property Owner CALIFORNIA NATIONAL ar r VIM • , I17coRpoRip _1 Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-08 REQUEST TO INSTALL TIME -RESTRICTED "NO PARKING STREET SWEE -1 G" SIGNS ON THE SOUTH SIDE OF ETA S7RZET AND ON THE EAST SIDE OF N HIGHLAND AVENUE BETWEEN ETA STREET AND BUCKY LANE Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, May 9, 2018, at 1:00 P.M. in the 211d Floor Large Conference Room of the Civic Center Building, 1243 National City Boulevard, to discuss the above -referenced item. The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. 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 2018-08. Sincerely, 4L?. Stephen Manganiello City Enginesr SM:Iz Enclosure: Location Map 2018-08 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 203 of 647 Map with Recommended Enhancements (TSC Item: 2018-8) -' ----471.• . , , IL:. 0 i ,;./ r 1 .„....t,L, • F_ % OD , Bucky Lve misting rod to Parking" f axis -Vag red -No Parkirig" I :111i - • ''t•;-11 14%1 Ais Happy ow Trailer Park jigiaNialog; Ap 41 "r* I W7' 1 1 204 of 647 Eta Street Proposed location of customized Time - Restricted "No Parking - Street Sweeping" signage Location of proposed time restricted "No Parking Street Sweeping" signs (looking east) IPark Villas Apartments Eta Street 1'4 Y.4 vit1.41 Proposed location of customized Time - Restricted "No Parking- 14/!?, 113°13 4C.A) Street Sweeping" signage Location of proposed time restricted "No Parking Street Sweeping" signs (looking east) 205 of 647 Eta Street icAL^i Proposed location of customized Time - Restricted "No Parking- Str et Sweeping" signage Location of proposed time restricted "No Parking Street Sweeping" signs (looking east) Eta Street JCL f r 3!!& (C1) Proposed location of customized Time - Restricted "No Parking- S+4 e t Sweeping' signage Location of proposed time restricted "No Parking Street Sweeping" signs (looking east) 206 of 647 Eta Street WEI tCA) Proposed location of customized Time - Restricted "No Parking - Street Sweeping" signage t 1 1 I I I 1 1 4 / 11116 . I II I I I ,r7 Location of proposed time restricted "No Parking Street Sweeping" signs (looking east) Proposed location of customized Time - Restricted "No Parking - Street Sweeping" signage tr4 Nit Location of proposed time restricted "No Parking Street Sweeping" signs (looking north) 207 of 647 Proposed location of customized Time - Restricted "No Parking - Street Sweeping" s;gnage 116. N Highland Avenue Location of proposed time restricted "No Parking Street Sweeping" signs (looking south) 208 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 209 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. 18th Street, west of "K" Avenue, and 10 feet of red curb "No Parking" east of "K" Avenue, to enhance visib 209 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installat 3n of 20 feet: of red curb No Parking' on the south side of E. 18th Street, west of "K" Avenue, and 10 feet of red curb No Parking" east of "K" Avenue, to enhance visibility and access from "K" Avenue onto E. 18th Street (TSC No. 2018-09). PREPARED BY: Luca Zappiello, junior Engineer — Civil DEPARTMENT: Engineering/Public Works PHONE: 019--330-4360 APPROVED BY 2. �r EXPLANATION: See attached. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: N1A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt a Resolution ?Alt orizing the insta!!?tion of 20 feet of red curb "No Parking" on the south side of E. 18th St, west of "K" Ave, and 10 feet of red curb "No Parking' east of "K" Ave, to enhance visibility and access from "K" Ave onto E. 18th St. BOARD 1 COMMISSION RECOMMENDATION: At their meeting on May g, 2018, the Traffic Safety Committee approved staffs recommendation ndation to install 20 feet of red curb "No Parking" on the south side of E. 18th St, west of "K" Ave, and 10 feet of red curb "Nc Parking" east of "n Ave. ATTACHMENTS: 1. Explanation wl Exhibit 2. Staff Report to the Traffic Safety Committee on May 9, 2018 (TSC No. 2018-09) 3. Resolution 210 of 647 EXPLANATION An area resident has requested the installation of red curb "No Parking" on the south side of E. 18th Street, east and west of "K" Avenue, to enhance visibility and access fro rre 1I I✓C"I "!' Avenue onto C. 18th Street. . Staff visited the site and verified that E. 18th Street and "K" Avenue are 2-lane roadways with parallel parking on both sides of the streets. The intersection is currently stop controlled for northbound traffic on "K" Avenue. The posted speed limit on E. 18th Street is 35 mph. Staff confirmed that there is no red curb on E. 18th Street at the intersection. Staff evaluated line of site for -vehicles attempting to exit K" Avenue onto E. 18th Street and confirmed that it is difficult for drivers to see oncoming traffic when vehicles are parked to close to the intersection. Therefore, staff recommends the installation of 20 feet of red curb "No Parking" on the south side of E. 18th Street, west of "K" Avenue, and 10 feet of red curb "No Parking" east of "K" Avenue, to enhance visibility and access from "K" Avenue onto E. 18th Street. Staff also reviewed the traffic collision history for this location, which confirmed there was one "reported" traffic collision within the past four years. This item was presented to the Traffic Safety Committee on May 9, 2018. Public notices were sent to area resiaents inviting them to attend the meeting. There was one community member in attendance to speak in support of the item. Ms. Masters_ confirmed that :t is difficult to see oncoming traffic for vehicles existing from "K" Avenue onto E. 18th Street due to cars being parked too close to the intersection. She agreed that installing red curb "No Parking" at the intersection would help enhance safety and - visibility. Based on the staff report, testimony of the community member, and traffic collision history, the Traffic Safety Committee unanimously approved staffs recommendation for the following traffic safety enhancements: 1. install 20 feet of red curb "No Parking" on the south side of E. 18th Street, west of "K" Avenue. This will result in the loss of one (1) on -street parking space; 2. Install 10 feet of red curb "No Parking" on the south side of E. 18th Street, east of "K" Avenue. This will not result in the Toss of on -street parking; If approved by City Council, all work will be performed by City Public Works. 211 of 647 Location Map with Proposed Enhancements (TSC item: 2018-91 1Woodlawn Terrace Apartment 10' feat of proposed red curb ''No Pssbine 212 of 647 ITEM TITLE: 2 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 9, 2018 ITEM NO. 2018-09 REQUEST TO INSTALL 20 FEET OF RED CURB "NO PARKING" ON THE SOUTH SIDE OF E. 18TH STREET, WEST OF "K" AVENUE, AND 10 FEET OF RED CURB "NO PARKING" EAST OF "K" AVENUE, TO ENHANCE VISIBILITY AND ACCESS :=Rrtrtl "K" AVENUE ONTO E. 18TH STREET PREPARED BY: Luca Zappiello, Civil Engineering Technician Engineering & Public Works Department DISCUSSION: An area resident has requested the installation of red curb "No Parking" on the south side of E. 18th Street, east and west of "K" Avenue, to enhance visibility and access from "K" Avenue onto E. 18th Street. Staff visited the site and verified that E. 18th Street and "K" Avenue are 2-lane roadways with parallel parking on both sides of the streets. The intersection is currently stop controlled for northbound traffic on "K" Avenue. The posted speed limit on E. 18th Street is 35 mph. State confirmed that there is no red curb on E. 18th Street at the intersection. Staff evaluated line of site for vehicles attempting to exit "K" Avenue onto E, 18th Street and confirmed that it is difficult for drivers to see oncoming traffic when vehicles are parked to close to the intersection. Therefore, staff recommends the installation of 20 feet of red curb "No Parking" on the south side of E. 18th Street, west of "K" Avenue, and 10 feet of red curb "No Parking" east of "K" Avenue, to enhance visibility and access from "K" Avenue onto E. 18th Street. StF,ff., o r vie c::i. the traffic history for this which confirmed here was one "reported" traffic collision within the past four years. Staff sent notices to area property owners and tenants, inviting there to attend the Traffic Safety Committee Meeting and/or contact staff with any questions. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends installation of red curb "No Parking" at the intersection between E. 18th Street and "K" Avenue to improve visibility for vehicles exiting "K" Avenue as follows: 1. Install .20 feet of red curb "No Parking" or the south side of E. 18th Street, west of "K" Avenue. This will result in the loss of one (1) on -street parking space; 2. Install 10 feet of red curb "No Parking" on the south side of E. 18th Street, east of "K" Avenue. This will not result in the loss of on -street parking space: If approved by City Council, all work will be performed by City Public Works. EXHIBITS: 213 of 647 1. Correspondence 2. Public Notice 3. Location Map 4. Photos 2016-00 214 of 647 174 :y,-. CW PM 3:O7 APR1O"18 Contact Information PUBLIC REQUEST FORM Name: Address: Phone: i Email: Request 1nfonnatian Wotan: C&rttr of E. leis sfreek k knuc Request: USE TRY 14,4 cufb Cher of f„10 51 o ts Ass bt ttfrkl. ttue C narri as' if IS citincult to blink (0+1Ricilett fern kcwt i pull fp tiAt t of tuz ocild Attachments:Attachments:a YesJ NoDescription:,� in 0n1y Request Received By: a a�► J ._Wi,as., Date:,,.,_ i f 12cft% Received via: IKCounter/In-PersonEkeleghone❑Ernail FaxFRefersai;� Assigned To: Notes: 215 of 647 4fr' CALIFORNIA .:eb NANIONAL Crop conroni►zu May 2, 2018 Resident/Property Owner Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-09 REQUEST TO INSTALL 20 FEET OF RED CURB "NO PARKING" ON THE SOJTH S;DE OF E. 1ETH STREET, WEST OF EEK" AVELkitIE, AND 10 FEET OF RED CURB "NO PARKING" EAST OF "K" AVENUE, TO ENHANCE VISIBILITY AND ACCESS FROM "K" AVENUE ONTO E. 18TH STREET Dear Sir/Madame: The City of National City would lice to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, May 9, 2018, 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 2018-09. Sincerely, y _t6L- / 7 ,A77, Stephen Manganiello City Engineer SM:Iz Enclosure: Location Map 20118-09 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 216 of 647 )n Map with Proposed Enhancements (TSC Item: 2018-9) Woadlawn Terrace Apartment 10' feet of proposed red curb "No Parking" 217 of 647 Location of proposed red curb "No Parking" on the south side of r i8t" Street, west of "K" Avenue (looking west) Location of proposed red curb "No Parking" on the south side of E 1e Street, east of "K" Avenue (looking east) 218 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 219 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" at the intersection of E. l6th Street and "J" Avenue to enhance visibility and access from "J" Avenue onto E. 16th Street (TSC No. 2018-10). 219 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the installation of red curb "No Parking" nt tha intar scrum r,f 1nth C#rva# arty{ " 1" ;�;+,or+I I,o +n ,onlhonno erioi6.'I'+„ d s.., 175 vectic s v.. aav u....++.. [*.: [ Sri [ i ��r i711 145 QI.VGAA I I ILA i I Avenue onto E. 16th Street (TSC No. 2018-10). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil PHONE: 619-336-4388 EXPLANATION: See attached. DEPARTMENT Engineering/Public Works APPROVED BY: I FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: [N/A ENVIRONMENTAL REVIEW: N/A Finance MIS ORDINANCE: INTRODUCTION: [ ] FINAL ADOPTION: L STAFF RECOMMENDATION: Adopt Resolution authorizing the installation of red curb "No Parking" at the intersection of E. 16th Street and "J" Avenue to enhance visibility and access from "J" Avenue onto E. 16th Street. BOARD / COMMISSION RECOMMENDATION: At their meeting on May 9, 2018, the Traffic Safety Committee approved staffs recommendation to instals rod curb "No Parking" at the intersection of E. 16th Street and "J" Avenue. ATTACHMENTS: 1. Explanation w{Exhibit 2. Staff Report to the Traffic Safety Committee on May 9, 2018 (TSC No. 2018-10) 3. Resolution 220 of 647 EXPLANATION An area resident has requested the installation of red curb"No Parking" at the intersection of E. 16th Street and "J" Avenue to enhance visibility and access from "I Avenue onto E. 16th Street. Staff performed a site evaluation. E. 16th Street and "J" Avenue are currently 2-lane roadways with parking available on both sides of the streets. The intersection is currently stop controlled for northbound traffic on "J" Avenue. The posted speed limit on E. 16th Street is 35 mph. Staff confirmed that there is no red curb on E. 16th Street at the intersection. Staff evaluated line of site for vehicles attempting to exit "J" Avenue onto E. 16th Street and confirmed that it is difficult for drivers to see oncoming traffic when vehicles are parked to close to the intersection. Therefore, staff recommends installing 20 feet of red curb "No Parking" on the south side of E. 16th street, west of "J" Avenue and 10 feet of red curb "No Parking" east of Avenue. Staff also reviewed the traffic collision history for this location, which corrfirmed there were two "reported" traffic collisions within the past four years. This item was presented to the Traffic Safety Committee on May 9, 2018. Public notices were sent to area residents inviting them to attend the meeting. There was one community member in attendance to speak in support of the item. Mr. Perez confirmed that it is difficult to see oncorning traffic for vehicles existing from "J" Avenue onto E. 16th Street due to cars being too close to the intersection He that install' .� parkedintersection. ,. ,,. agreedthat installing ping red curb "No Parking" at the intersection would help enhance safety and visibility. Based the staff report, testimony of the community member, and traffic collision history, the Traffic Safety Committee unanimously approved staffs recommendation to the following traffic safety enhancements: 1. Install 20 feet of red curb "No Parking" on the west side of "J" Avenue, south of E. 16th Street. This v011 result in the loss of ua se (1) on -street parking space; 2. Install 10 feet of red curb "No Parking" on the east side of "J" Avenue, south of E. 16th Street. This will not result in the loss of on -street parking. if approved by City Council, all work will be performed by City Public Works. 221 of 647 Location Map with Recommended Enhancements (TSC Item: 2018 10) 20' of proposed reed curb "No Panting" 3% slope 10' of proposed reel curb "No Parking" 3% slope 222 of 647 ITEM TITLE: 3 NATIONAL CITY TRAFFIC SAFETY COMMITTEE AGENDA REPORT FOR MAY 9, 2018 TTEM NO. 2018-10 REQUEST TO INSTALL RED CURB "NO PARKING" AT THE INTERSECTION OF E. 16TH STREET AND "J" AVENUE IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTION PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil Engineering & Public Works Department DISCUSSION: An area resident has requested the installation of red curb "No Parking" at the intersection of E. 16th Street and J Avenue to improve visibility and enhance safety for the vehicles exiting from J Avenue onto E. 16th Street. Staff performed a site evaluation. E. 16th Street and J Avenue are currently 2-lane roadways ana both streets have available parking on both sides of the street. The intersection between the two streets is currently stop controlled for northbound traffic on "J" Avenue. The posted speed limit on E. 16th Street is 35 mph. Furthermore, staff observed that at the intersection of E. 16m Street and "J" Avenue, there is no red curb "No Parking". Staff confirmed that when vehicles on E. 16th Street park too close at the intersection, visibility for the vehicles exiting from "J" Avenue onto E. 16th Street is partially obstructed. Therefore, staff recommends installing 20 feet of red curb "No Parking" on the south side of E. 16th ntrc a } n m u P rki nc n" A. mod, � o�, �.res� ofAvenue and 10 feet of red curb No � a: �E: �:., east of J ; :��e:ue. Staff also reviewed the traffic collision history for this location, which confirmed there were two "reported" traffic collisions within the past four years. See attachment traffic collision summary table. STAFF RECOMMENDATION: Based on evaluation of existing conditions, staff recommends the following safety enhancements: 1. install 20 feet of red curb "No Parking" en the west side of "J" Avenue, south of E. 16t'' Street. This wiii result in the loss of one (1) on -street parking space; 2. Install 10 feet of red curb "No Parking" on the east side of "J" Avenue, south of E. 161h Street. This will not result in the loss of on -street parking space. 223 of 647 ATTACHMENTS: 1. Public Request 2. Public Notice 3. Location Map 4. Photos 5. Traffic Collision History 2018-10 224 of 647 SEECUCIX ID PRIORITY 4280586 Normal REQUEST TYPE ADDRESS Traffic Related issues or 930 E 16th St rational City, CA 91 S;SO, USA Complaints ASSIGNEE SIA EXPIRES REP't? TED Engineering 03/2s/2o18 - 11:25AM SECONDARY QUESTIONS Please provide location. on curb, needs to bepainted paintered so drivers can see oncomingtraffic is and it's safe to make a turn into E 16th St frtr!rn J Ave. Please provide a brief description of issues/corn:lia:,lnt No Answer Given In case the City needs additional Information to resolve this Issue, please provide your preferred method of communication (email or phone number). This will be kept private. Jessie. SUMMARY & DESCRIPTION Traffic Relate Issues or Complaints good day, tan the curb get painted red, the one shown in picture parallel to the the dark silver Sl)V.1t is impossible to see traffic driving eastbound on E. 1 sth St. and Ong to make 8 turn into E 16th Et from 3_ Cars park so close to the comer and makes It impossible to see traffic. I made this des since late2016. Please inform thank you. Reported by: An anonymous SeeClickFix user 03/28/2018- 11:25AM TIItMESTAMP INTERNAL COMMENT 03/28/2018 Another person wants this fixed] 01:26PM LOCATION eirnot'!P-ilSJfr4�i r Ydainasa8gpergistare MEDIA 4knbe,ParY COMMENTTNR 03/281201B Yes Public vi'ores assigned this issue to Engineering Public Works 02A2PM 03/28/201S Please call the Engineering & Public Works Department at (619) 336- Engineering 08:08PM d380 for updates on the status of your request, Thankyou for using National City Connect. 225 of 647 May 2, 2018 Resident/Property Owner +►- CALIFORNIA —s- NATIONAL Cir 11.01 rucoapoui go Subject: TRAFFIC SAFETY COMMITTEE (TSC) ITEM NO. 2018-10 REQUEST TO INSTALL :QED CURB "NO PARKING" AT THE INTERSECTION OF E. 16TH STREET AND J AVENUE IN ORDER TO IMPROVE VISIBILITY AT THE INTERSECTION Dear Sir/Madame: The City of National City would like to invite you to our next public Traffic Safety Committee Meeting scheduled for Wednesday, May 9, 2018, 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. The City Hall is ADA compliance. Please note that there are two disabled persons parking spaces in front of City Hall on the east side of National City that provide direct access on the 2nd Floor of City Hall via a pedestrian bridge. 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 2018-10. licoL 747‘d""i‘ Stephen Manganiello City Engineer SM:ch Enclosure: Location Map 2018-10 1234 National City Boulevard, National City, CA 91950-6530 (619) 336-4380 Fax (619) 336-4397 engineering@nationalcityca.gov 226 of 647 Location Map with Recommended Enhancements (TSC item ,.a E. 16th Street 20' of proposed red curb "Na Parking" - 3% slope trusulligli6", Li_ Si 10' of proposed rad '- curb "No Parking" - 3% slope l 227 of 647 J Avenue 20' of proposed red curb "No Parking' E. 169' Street Location of proposed red curb "No Parking" on E. 166 Street (looking west) 20' of proposed red curl) "No Parking" E. 16th Street Location of proposed red curb "No Parking" on E. 16th Street (looking south) 228 of 647 10' of proposed red curb "No Parking" Location of proposed red curb "No Parking" on E. le Street (looking east) Location of proposed red curb "No Parking" on E.16th Street (looking south) 229 of 647 Traffic Collision History (NCPD Records Division) From April 1, 2014—April 1, 2018, there were 2 traffic collisions on the intersection of E. 16th Street and J Avenue. 1.A,.-Atle.", AC-n,u'ITV 1; t: t;95EP. _,A".L ACTIN/r1Y ViOIA'nor C#►f aIQ AltiO 4 Bi)li a0ORE55 SLAT ie+1*Y FLAG Nl,AI ." J1PE37 114JMRil1 11=ED SPIT a Rua KA45 amanUAH' MATED. C wr lE1►6 NATIONAL are VaSit20t5 i5:d5 vc332.52A DUI PI:COH4X AND/OR DRUGS STREET & .1 AVENUE, NC, PLATIOKA1. CaesF -f}ii N 0 4. % Pf.ISOEN.EANOR NATIONAL CITY 15�17£4S 12/24/202S 3:01 VC 2325ZA DUI ALCOHOL AND/OR -DRUGS 16001 AVENUE, NC, 91950 NATIONAL CITY -025 N p £! N Ti WISDENTANDR. Imila ." iliElla d \4 �I..ruuPw�r■Ieresl� 230 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 231 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of an Engineering Grants Fund appropriation of $50,000 and corresponding revenue budget to complete the right of way phase of the Sweetwater River Bikeway Project, f 231 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of an Engineering Grants Fund appropriation of $50,000 and corresponding revenue budget to complete the right of way phase of the Sweetwater River Bikeway Project, funded by a State Active Transportation Program grant with no matching funds required. PREPARED BY: Jose Lopez PHONE: 619-336-4312 EXPLANATION: See attached. FINANCIAL STATEMENT: ACCOUNT NO. $50,000 — State ATP Grant; no matching funds required Revenue Account No. 296-06574-3463 Expenditure Account No. 296-409-500-598-6574 (Sweetwater River Bikeway) ENVIRONMENTAL REVIEW: CEQA Notice of Exemption for the project has been filed with the San Diego County Recorder's Office. DEPARTMENT: Engineering & Public Works APPROVED BY: 2 ORDINANCE: INTRODUCTION: I FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution authorizing the establishment of an Engineering Grants Fund appropriation of $50,000 and corresponding revenue budget to complete the right of way phase of the Sweetwater River Bikeway Project. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Resolution 232 of 647 Explanation On October 22, 2015, the California Department of Transportation (Caltrans) awarded the City of National City a $1,129,000 Active Transportation Program (All-) grant for the twee i ale! River Bikeway Project. There is no local match required for the grant. The project will fill a system gap in National City's local bicycle network by connecting bicycle facilities along 30th Street, east of "D" Avenue, to one of the Sweetwater River Bikeway's primary access points at N. 2"0 Avenue. The project will provide nearly one mile of new Class ii and Class ill bicycle facilities consistent with the City's Bicycle Master Plan and the SAN DAG Regional Bike Plan. Improvements include bicycle detector loops, and bicycle boxes at three intersections: E. 30t' Street and "D" Avenue, E. 30th Street and Highland Avenue, and E. 30th Street and N. 2nd Avenue. Additionally, the project will provide gateway enhancements at both entrances to the Sweetwater River Bikeway located at Hoover Avenue and W. 33rd Street, and at N. 2nd Avenue. Enhancements at the two gateways will consist of new signage, fencing, landscaping, and asphalt -concrete overlay along the existing segments that connect the roadway to the bikeway. On February 21, 2017, per City Council Resolution No. 2017-19, City Council executed Program Supplement Agreement No. P036 with Caltrans for the Sweetwater River Bikeway Project to allow for reimbursement of eligible project expenditures through the State ATP. City Council also authorized the establishment of an Engineering Grants Fund appropriation of $25,000 and corresponding revenue budget to allow staff to proceed with the Project Approval/Environmental Document (PRIED) phase of the Project. On October 17, 2017, per City Council Resolution No. 2017-195, City Council authorized the establishment of an Engineering Grants Fund appropriation of $165,000 and corresponding revenue budget to allow staff to proceed with the Preliminary Engineering phase of the Project. Staff is requesting that City Council authorize the establishment of an Engineering Grants Fund appropriation of $50,000 and corresponding revenue budget to allow staff to proceed with the Right of Way phase of the project, which will be reimbursed by the State ATP grant. Staff anticipates going out to bid for construction by the end of 2018. 233 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 234 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 execute a Third Amendment to the Agreement between the City of National City and Alpha Project for the Homeless to increase the term of the Agreement for one year to cont 234 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement between the City of National City and Alpha Project for the Homeless to increase the term of the Agreement for one year to continue providing outreach and intervention services for the homeless through June 30, 2019 for a not -to -exceed amount of $120,000. (Neighborhood Services) PREPARED BY: Armando Vergara DEPARTMENT: Neighb. oe d Services Department PHONE: d(619) 336-4213 APPROVED BY: EXPLANATION: This Third Amendment to the agreement with Alpha Project for the Homeless will continue the scope of service with two full-time outreach workers to deploy five times per week, eight hours per day providing homeless outreach and intervention services in National City. Outreach is focused to connect with prospective unsheltered participants and to begin the process of rapport building and inclusion into various long-term programs. Services will continue to include Homeless Outreach staff responding to all referrals and request and be proactively engaged with our business community and residents. Along with providing one-on-one crisis intervention, assessment and case management, agreement will provide and maintain a two bed shelter minimum per night for potential clients. Outreach staff will work closely with city staff and participate and coordinate with regional efforts. Alpha Project will continue to provide monthly statistics of National City outreach and intervention services including ongoing efforts to keep National City current with local and state initiatives. Staff seeks approval to exercise this Third Amendment to extend the term for one year commencing on July 1, 2018 and expiring on June 30, 2019 for a not -to -exceed amount of $120,000. FINANCIAL STATEMENT: APPROVED: ,,�24 , Finance ACCOUNT NO. APPROVED: MIS 001-420-057-299-0000 (Contract Services) Funds are appropriated in Neighborhood Services Dept for $120,000. Appropriation has been requested in fiscal year 2019 Budget. ENVIRONMENTAL REVIEW: 1N/P ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution. BOARD 1 COMMISSION RECOMMENDATION: 1N/AN ATTACHMENTS: 1. Contract Agreement 2. Third Amendment to the Agreement 3. Resolution 235 of 647 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN 1HE CITY OF NATIONAL CITY AND ALPHA PROJECT FOR THE HOMELESS THIS THIRD AMENDMENT TO THE AGREEMENT, is entered into this 19th day of June, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and ALPHA PROJECT FOR THE HOMELESS, a nonprofit corporation (the "CONSULTANT"), together the "Parties". RECITALS WHEREAS, the parties entered into an Agreement on March 2, 2017, ("the Agreement") wherein the CONSULTANT agreed to provide outreach services for the homeless and intervention services for the not -to -exceed amount of $50,000 with an expiration date of June 30, 2017. WHEREAS, the parties entered into a First Amendment of the Agreement on June 20, 2017 for a not -to -exceed amount of $120,000 to extend the term of the Agreement for one year, expiring June 30, 2018, for a total not -to -exceed amount of $170,000. WHEREAS, the parties entered into a Second Amendment of the Agreement on December 19, 2017 to amend Section 5 of the Agreement increasing the monthly not -to -exceed amount from $7,140 to $10,000. WHEREAS, the parties now desire to amend the Agreement to extend the term of the Agreement for an additional one-year term, commencing on July 1, 2018 and expiring June 30, 2019. NOW, THEREFORE, the parties hereto agree as follows: 1. The Agreement entered into on March 2, 2017 shall be amended to extend the term of the Agreement for one year, commencing on July 1, 2018 and expiring June 30, 2019. 2. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated March 2, 2017, shall remain in full force and effect. [Signature Page to Follow] Page 1 of 2 236 of 647 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY ALPHA PROJECT FOR 1'HE HOMELESS By: By: Bob McElroy President Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: Roberto Contreras Deputy City Attorney By: Amy Gonyeau Chief Operating Officer Page 2 of 2 237 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 238 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National authorizing the Mayor to execute a five year Agreement with Sharp Electronics Corporation for an annual not -to -exceed amount of $69,000 for the lease -purchase and service of twenty multifunction copie 238 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National authorizing the Mayor to execute a five year Agreement with Sharp Electronics Corporation for an annual not -to -exceed amount of $69,000 for the lease -purchase and service of twenty multifunction copiers, and execute the State and Government Lease -Purchase Agreement with De Lage Landen Public Finance, LLC, which is attached to the Agreement as Exhibit "B", to finance the lease -purchase. PREPARED BY: Ron Williams DEPARTMENT: C PHONE: 619-336-4373 APPROVED BY: EXPLANATION: The City of National City currently leases from Konica Minolta Business Solutions USA, INC., twenty multifunction copiers located at various city facilities. The City entered into the five year lease and maintenance agreement on June 19, 2012 and subsequently executed a twelve month extension on June 20, 2017 with Konica Minolta for $108,000 per year. The City issued a request for proposal (RFP) in February 2018. The RFP panel, comprised of city staff, selected Sharp Business Systems to replace the twenty multifunction copiers. The proposed five year municipal lease -purchase and maintenance agreement with Sharp Electronics Corporation will result in a significant cost savings ($39,000 / year) as we strive to provide staff with the appropriate technologies to best serve the residents and customers of the City of National City. The lease -purchase financing will be structured through De Lage Landen Public Finance, LLC for the five year term as outlined in Exhibit "B". FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. APPROVED: Funds are appropriated in account 629-403-082-268-0000 ($69,000). ENVIRONMENTAL REVIEW: This is not a project, therefore does not require environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Staff recommends Council authorize the execution of a five year lease and service agreement with Sharp Electronics Corporation. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Agreement 239 of 647 AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SHARP ELECTRONICS CORPORATION THIS AGREEMENT is entered into on this 19th day of June, 2018, by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and SHARP ELECTRONICS CORPORATION through its SHARP BUSINESS SYSTEMS division, a corporation (the "CONTRACTOR"). RECITALS WHEREAS, the CITY desires to employ a CONTRACTOR to provide 20 leased Sharp multifunctional copiers, staff training, delivery, installation, and maintenance of said copiers. WHEREAS, the CITY has determined that the CONTRACTOR is a multifunctional copier vendor and is qualified by experience and ability to perform the services desired by the CITY, and the CONTRACTOR is willing to perform such services. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS FOLLOWS: 1. ENGAGEMENT OF CONTRACTOR. The CITY agrees to engage the CONTRACTOR to deliver, install, maintain Sharp MFPs, and the CONTRACTOR agrees to perform the services set forth here in accordance with all terms and conditions contained herein. The CONTRACTOR represents that all services shall be performed directly by the CONTRACTOR or under direct supervision of the CONTRACTOR. 2. EFFECTIVE DATE AND LENGTH OF AGREEMENT. This Agreement will become effective on June 19, 2018. The duration of this Agreement is for the period of June 19, 2018 through June 19, 2023. Completion dates or time durations for specific portions of the project are set forth in Exhibit "A". This Agreement may be extended by mutual agreement upon the same terms and conditions for an additional one (1) year term. The Parties may exercise up to three one-year extensions. Any extension of this Agreement must be approved in writing by the City Manager. 3. SCOPE OF SERVICES. Deliver, install and provide maintenance and training for 20 leased multifunctional copiers provided in Exhibit "A" and Exhibit "B". The CONTRACTOR 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 CONTRACTOR shall appear at meetings specified in Exhibit "A" to keep staff and City Council advised of the progress on the project. The CITY may unilaterally, or upon request from the CONTRACTOR, from time to time reduce or increase the Scope of Services to be performed by the CONTRACTOR under this Agreement. Upon doing so, the CITY and the CONTRACTOR agree to meet in good faith 240 of 647 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. Ron Williams hereby is designated as the Project Coordinator for the CITY and will monitor the progress and execution of this Agreement. The CONTRACTOR shall assign a single Project Director to provide supervision and have overall responsibility for the progress and execution of this Agreement for the CONTRACTOR. Jason Wedge thereby is designated as the Project Director for the CONTRACTOR. 5. COMPENSATION AND PAYMENT. The compensation for the CONTRACTOR 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". The compensation for the CONTRACTOR'S work shall not exceed the rates set forth in Exhibit "A". Monthly 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", as determined by the CITY. The CONTRACTOR shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such materials available, with written notice, at its office at all reasonable times during the term of this Agreement and for 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. If unsatisfactory to the CITY, the CONTRACTOR_will have thirty days to cure. If the City determines that CONTRACTOR failed to cure the problem within 10 days, the City may terminate the Agreement as described in Section 19. 7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by the CONTRACTOR 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 CONTRACTOR hereby assigns to the CITY, and CONTRACTOR 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 CONTRACTOR shall, upon request of the CITY, execute any further document(s) necessary to further effectuate this waiver and disclaimer. Standard Agreement Revised July 2017 Page 2 of 11 241 of 647 City of National City and Sharp Business Systems The CONTRACTOR agrees that the CITY may use, reuse, alter, reproduce, modify, assign, transfer, or in any other way, medium, or method utilize the CONTRACTOR'S written work product for the CITY'S purposes, and the CONTRACTOR 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 CONTRACTOR shall relieve the CONTRACTOR 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 ventures with one another. Neither the CONTRACTOR nor the CONTRACTOR'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 CONTRACTOR and the CONTRACTOR'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 and competence of the CONTRACTOR and its employees. Neither this Agreement nor any interest herein may be assigned by the CONTRACTOR without the prior written consent of the CITY. Nothing herein contained is intended to prevent the CONTRACTOR from employing or hiring as many employees, or SUBCONTRACTORS, as the CONTRACTOR may deem necessary for the proper and efficient performance of this Agreement. All agreements by CONTRACTOR with its SUBCONTRACTOR(S) shall require the SUBCONTRACTOR(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 CONTRACTOR or any of the CONTRACTOR'S employees, except as herein set forth, and the CONTRACTOR or the CONTRACTOR'S agents, servants, or employees are not in any manner agents, servants, or employees of the CITY, it being understood that the CONTRACTOR its agents, servants, and employees are as to the CITY wholly independent CONTRACTOR, and that the CONTRACTOR'S obligations to the CITY are solely such as are prescribed by this Agreement. 10. COMPLIANCE WITH APPLICABLE LAW. The CONTRACTOR, 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 CONTRACTOR and each of its SUBCONTRACTOR(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 CONTRACTOR represents and covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The CONTRACTOR represents and covenants that the Standard Agreement Revised July 2017 Page 3 of 11 242 of 647 City of National City and Sharp Business Systems CONTRACTOR 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 CONTRACTOR to practice its profession. 12. STANDARD OF CARE. A. The CONTRACTOR, 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 CONTRACTOR'S trade or profession currently practicing under similar conditions and in similar locations. The CONTRACTOR shall take all special precautions necessary to protect the CONTRACTOR'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 CONTRACTOR 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 CONTRACTOR'S professional performance or the furnishing of materials or services relating thereto. C. The CONTRACTOR is responsible for identifying any unique products, treatments, processes or materials whose availability is critical to the success of the project the CONTRACTOR 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 CONTRACTOR has notified the CITY otherwise, the CONTRACTOR warrants that all products, materials, processes or treatments identified in the project documents prepared for the CITY are reasonably commercially available. Any failure by the CONTRACTOR to use due diligence under this sub -section will render the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR certain confidential information to enable the CONTRACTOR to effectively perform the services to be provided herein. The CONTRACTOR shall treat all such information as confidential and shall not disclose any part thereof without the prior written consent of the CITY. The CONTRACTOR 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 Standard Agreement Revised July 2017 Page 4 of 11 243 of 647 City of National City and Sharp Business Systems 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 CONTRACTOR, hereafter disclosed in publicly available sources of information; (iii) is already in the possession of the CONTRACTOR without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR 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. CONTRACTOR 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 CONTRACTOR 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 CONTRACTOR'S performance or other obligations under this Agreement; provided, however, 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 CONTRACTOR shall employ competent counsel. 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 CONTRACTOR 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 negligent work to be performed by the CONTRACTOR under this Agreement. 17. INSURANCE. The CONTRACTOR, at its sole cost and expense, shall purchase and maintain, and shall require its SUBCONTRACTOR(S), when applicable, to purchase and maintain throughout the term of this Agreement, the following insurance policies: A. ❑ If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 Standard Agreement Revised July 2017 Page 5 of 11 244 of 647 City of National City and Sharp Business Systems 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. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of CONTRACTOR'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 CONTRACTOR has no employees subject to the California Workers' Compensation and Labor laws, CONTRACTOR shall execute a Declaration to that effect. Said Declaration shall be provided to CONTRACTOR by CITY. D. 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. E. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the CONTRACTOR 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. F. The Certificate Holder for all policies of insurance required by this Section shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 G. Insurance shall be written with only insurers authorized to conduct business in California that 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. H. 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 Standard Agreement Revised July 2017 Page 6 of 11 245 of 647 City of National City and Sharp Business Systems the CITY' S Risk Manager. If the CONTRACTOR 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. I. All deductibles and self -insured retentions in excess of $10,000 must be disclosed to and approved by 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 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 also be terminated immediately by the CITY for cause in the event of a material breach of this Agreement after a ten day opportunity for CONTRACTOR to cure misrepresentation by the CONTRACTOR in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by the CITY. B. Termination with or without cause shall be effected by delivery of written Notice of Termination to the CONTRACTOR as provided for herein. C. In the event of termination, all finished or unfinished MemorandaReports, Maps, Drawings, Plans, Specifications and other documents prepared by the CONTRACTOR, whether paper or electronic, shall immediately become the property of and be delivered to the CITY, and the CONTRACTOR 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 CONTRACTOR'S breach, if any. Thereafter, ownership of said written material shall vest in the CITY all rights set forth in Section 7. Standard Agreement Revised July 2017 Page 7 of 11 246 of 647 City of National City and Sharp Business Systems D. The CITY further reserves the right to immediately terminate this Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONTRACTOR; (2) a reorganization of the CONTRACTOR for the benefit of creditors; or (3) a business reorganization, change in business name or change in business status of the CONTRACTOR. 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: Ron Williams IT Manager CMO City of National City 1243 National City Boulevard National City, CA 91950-4397 To CONTRACTOR: Office of the General Counsel Sharp Electronics Corporation 100 Paragon Drive Montvale, NJ 07645 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 CONTRACTOR shall not perform services of any kind for any person or entity whose interests conflict in any way with those ofthe City of National City. The CONTRACTOR also agrees not to specify any product, treatment, process or material for the project in which the CONTRACTOR has a material financial interest, either direct or indirect, without first notifying the CITY of that fact. The CONTRACTOR shall Page 8of11 Standard Agreement Revised July 2017 247 of 647 City of National City and Sharp Business Systems at all times comply with the terms of the Political Reform Act and the National City Conflict of Interest Code. The CONTRACTOR 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 CONTRACTOR has a financial interest as defined in Government Code Section 87103. The CONTRACTOR 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 CONTRACTOR shall comply with all of the reporting requirements of the Political Reform Act and the National City Conflict of Interest Code. Specifically, the CONTRACTOR 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 CONTRACTOR shall obtain from the City Clerk. The CONTRACTOR 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 CONTRACTOR. 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. CONTRACTOR 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 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. Standard Agreement Revised July 2017 Page 9 of 11 248 of 647 City of National City and Sharp Business Systems H. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California. I. 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. J. Successors and Assigns. This Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties hereto. K. Subcontractor or Subcontractors. The CITY is engaging the services of the CONTRACTOR identified in this Agreement. The CONTRACTOR 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 subcontractor(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. L. 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 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. Standard Agreement Revised July 2017 Page 10 of 11 249 of 647 City of National City and Sharp Business Systems CITY OF NATIONAL CITY By: Ron Morrison, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By. Roberto M. Contreras Deputy City Attorney SHARP ELECTRONICS CORPORATION through its SHARP BUSINESS SYSTEMS (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) By: (Name) (Print) (Title) By: (Name) (Print) (Title) Standard Agreement Revised July 2017 Page 11 of 11 250 of 647 City of National City and Sharp Business Systems EXHIBIT A Pricing Options- Updated on 5.24.18 60 month FMV Lease Payment MFP Cost Per Page 60 Month FMV Lease $2,679.99 .0049 Black & .049 Color Images HP Cost Per Page .01 Black Delivery, Setup, Networking & Training Included Supplies, Parts, Labor & Service Included 60 Month MUNI $1 Out Lease 60 month MUNI $1 out Lease Payment MFP Cost Per Page $2,553.71 .0049 Black & .049 Color Images HP Cost Per Page .01 Black Delivery, Setup, Networking & Training Included Supplies, Parts, Labor & Service Included One Time Purchase Option One Time Purchase Price for Equipment $135,353.18 MFP Cost Per Page HP Cost Per Page .0049 Black & .049 Color Images .01 Black Delivery, Setup, Networking & Training Included Supplies, Parts, Labor & Service Included • All three quotes include three coin -op units for the library machines. We were not sure if you need one or three, so we included three. We can adjust this quote if the number needed is less than three. 251 of 647 EXHIBIT A Exhibit A - Sharp Replacement Models General Information # Mnf Model Accessories Location 1 Location 2 Monthly Average B&W Prints Monthly Average Color Prints Sharp Replacement Model 1 Konica **BIZHUB 363 FS-529 Inner Staple Finisher PC-208 Paper Feed Cabinet (5OOX2) FK-508 Fax Kit MK-726 Fax Mount Kit 2100 HOOVER AVE Public Works 1,686 - Sharp MX-M3050 2 Konica **BIZHUB 552 PRINTER/COPIER LU-301 Large Capacity Unit FS-527 Finisher PK-517 2/3-Hole Punch Kit for FS-527 SA-502 Scan Accelerator Kit 1200 NATIONAL CITY BLVD PD Investigation Office7,600 - Sharp MX-M5050 3 Konica **BIZHUB C224 PRINTER/COPIER FS-533 Inner Stapler Finisher DF-624 Reverse Auto Doc Feeder FK-511 Fax Kit 1243 NATIONAL CITY BLVD Council CH 2 1,029 96 Sharp MX-2630N 4 Konica **BIZHUB C224 PRINTER/COPIER FS 533 Inner Stapler finisher DF-624 Reverse Auto Doc Feeder FK-511 Fax Kit 1200 NATIONAL CITY BLVD Property Evidence 1,237 701 Sharp MX-2630N 5 Konica **BIZHUB C360 PRINTER/COPIER FK-502 Fax Kit FS-527 Finisher DF-617 Reverse Auto Doc Feeder MK-720 Fax Connection (PCI) 2333 EUCLID AVE Fire # 34 384 238 Sharp MX-3050V 6 Konica **BIZHUB C360 PRINTER/COPIER FK-502 Fax Kit FS-527 Finisher DF-617 Reverse Auto Doc Feeder MK-720 Fax Connection (PCI) 343 E 16TH ST Fire # 31 2,127 806 _ Sharp MX-3050V 7 Konica **BIZHUB C360 PRINTER/COPIER FK-502 Fax Kit DF-617 Reverse Auto Doc Feeder FS-529 Inner Staple Finisher MK-720 Fax Connection (PCI) 140 E 12TH ST HR 3,779 1,746 Sharp MX-3050V 8MK-720 Konica **BIZHUB C452 FK-502 Fax Kit LU-301 Large Capacity Unit FS-527 Finisher Fax Connection (PCI) PK-517 2/3-Hole Punch Kit SA-502 Scan Acceleration Kit 1243 NATIONAL CITY BLVD City Mgr Attorney 7,353 1,208 Sharp MX- 4050V 9 Konica **bizhub C552 Printer/Copier FK-502 Fax Kit LU-301 Large Capacity Unit FS-527 Finisher MK-720 Fax Connection (PCI) PK-517 2/3-Hole Punch Kit SA-502 Scan Acceleration Kit 1243 NATIONAL CITY BLVD FINANCE 10,326 9,197 Sharp MX- 5050V 10 Konica **bizhub C552 Printer/Copier FK-502 Fax Kit LU-301 Large Capacity Unit FS-527 Finisher MK-720 Fax Connection (PCI) PK-517 2/3-Hole Punch Kit SA-502 Scan Acceleration Kit 1200 NATIONAL CITY BLVD PD Report Writing 2,612 2,743 Sharp MX-5050V 11 Konica **BIZHUB C654 PRINTER/COPIER LU-301 Large Capacity Unit FS-535 100 Sheet Stapling Finisher PK-521 2/3-Hole Punch Kit 1200 NATIONAL CITY BLVD PD 2 Admin 3,945 1,749 Sharp MX-6070V 12 Konica **BIZHUB C654 PRINTER/COPIER Ext keyboard (Cherry G84-4100LCAUS-2) LU-301 Large Capacity Unit FS-535 100-Sheet Stapling Finisher SD-512 Saddle Stitcher PK-521 2/3-Hole Punch Kit FK-511 Fax Kit KH-102 Keyboard Holder 1200 NATIONAL CITY BLVD RECORDS 10,504 2,861 Sharp MX-6580N 252 of 647 EXHIBIT A Exhibit A - Sharp Replacement Models 8 Mnf Model Serial tt Accessories Location 1 Location 2 Monthly Average B&W Prints Monthly Average Color Prints Sharp Replacement Model 13 Konica "BIZHUB C754 PRINTER/COPIER A2X0011000635 Ext keyboard (Cherry G84- 4100LCAUS-2) LU-301 Large Capacity Unit FS-535 100-Sheet Stapling Finisher SD-512 Saddle Stitcher PK-521 2/3-Hole Punch Kit FK-511 Fax Kit KH-102 Keyboard Holder 140 E 12TH ST STE B 15,658 6,076 Sharp MX-7580N 14 Konica **BIZHUB C754 PRINTER/COPIER A2X0011000842 ZU-606 Z-FoldUnit FS-535 100-Sheet Stapling Finisher SD-512 Saddle Stitcher PK-521 2/3-Hole Punch Kit ADD — 3,500 LCC 1243 NATIONAL CITY BLVD 19,797 12,504 Sharp MX-7580N 15 Konica BIZHUB 223 A1UG011019264 FS-529 Inner Staple Finisher DF-621 Document Feeder FK-508 Fax Kit MK-726 Fax Mount Kit 1200 NATIONAL CITY BLVD PD Traffic 641 - Sharp MX-266N 16 HP LASERJET 2430 GNGKC04535 1200 NATIONAL CITY BLVD PD Investigations 9 - 17 HP LASERJET 4050 USCC094668 1401 NATIONAL CITY BLVD 789 - 18 HP LASERJET 4100 USJNH17059 1200 NATIONAL CITY BLVD PD Investigations - - 19 HP LASERJET 4100 USJNH17307 1200 NATIONAL CITY BLVD PD Investigations - - 20 HP LASERJET 4100 USLND14145 1200 NATIONAL CITY BLVD PD Investigations - - 21 HP LASERJET P2055D VNB3T01721 1200 NATIONAL CITY BLVD PD Investigations 3 - 22 HP LASERJET P4015 CNDY853913 1200 NATIONAL CITY BLVD PD Investigations 2,368 - 23 HP LASERJET P4015 CNDY854123 1200 NATIONAL CITY BLVD PD Investigations 5,446 - 24 Konica ""BIZHUB C224 PRINTER/COPIER A4FM011000573 DF-624 Reverse Auto Doc Feeder 1401 NATIONAL CITY BLVD Library Copy Rm - - Sharp MX-2630 & ACDI EX- 2000 Coin Op System Konica **BIZHUB C224 PRINTER/COPIER A4FM011000615 DF-624 Reverse Auto Doc Feeder 1401 NATIONAL CITY BLVD Library Childrens Public - - - Sharp & MX-2625 ACDI EX- 2000 Coin Op System 26 Konica **BIZHUB C360 PRINTER/COPIER AOED011028493 PRTON RMT SUBSCRT MAINTP Printeron LIC per Additional MFP Hosted Printeron LIC MFP Encoding of Magnetic Stripe ITC Remote Software Instalation KMBS Installation for ITC System 1580U Cash Card Loader 1535 Mag Card Series Adv Mini Till 1500 Mag Stripe RDR ADV: RS-232: USB: TTL ITC4035 Programming Keypad ITC Maint Contract Print Manager - Client Release Station Generic Mag card with ITC Logo ITC 5420U-102-F CN/BLL/CRD Fusion:Full ITC 1500/54X0 Cable MK-720 Fax Connection (PCI) FS- 529 Inner Staple Finisher DF-617 Reversing Auto Doc Feeder FK-502 Fax Kit 1401 NATIONAL CITY BLVD Library Comp Lab Sharp MX-3550V & ACDI EX-2000 Coin Op System 27 Konica ""BIZHUB C360 PRINTER/COPIER ADED011028496 DF-617 Reverse Auto Doc Feeder FS-529 Inner Staple Finisher MK-720 Fax Connection (PCI) 1401 NATIONAL CITY BLVD Library Literacy Wings - - Sharp MX-3550V 28 Konica **BIZHUB C360 PRINTER/COPIER A0ED011028497 FK502F DF-617 Reverse Auto Doc Feeder FS-529 Inner Staple Finisher MK-720 Fax Connection (PCI) 1401 NATIONAL CITY BLVD Library Admin - _ Sharp MX-3550V 253 of 647 EXHIBIT B DOCUMENTATION INSTRUCTIONS FOR LEASE NUMBER PUB 17717 The instructions listed below should be followed when completing the enclosed documentation. Documentation completed improperly will delay funding. If you have any questions regarding the instructions or the documentation, please call us. I. STATE AND GOVERNMENT LEASE -PURCHASE AGREEMENT 1. Bank Qualification Section • Read and check box if appropriate 2. Lessee Signature • Print name, title, sign and date (must be authorized officer) II. ATTACHMENT 1 — LEASE PAYMENT SCHEDULE • Print name, title, sign and date III. ATTACHMENT 2 — EQUIPMENT DESCRIPTION — (WHEN PROVIDED) • Print name, title, sign and date IV. STATE SPECIFIC ADDENDA Required for: AR, AZ, CO, FL, GA, KS, LA, MI, MN, MS, NC, NJ, NY, OH, OK, & TX • Print name, title, sign, date and attest when required V. ACCEPTANCE CERTIFICATE — PLEASE RETAIN UNTIL ALL EQUIPMENT HAS BEEN RECEIVED AND IS IN FULL WORKING ORDER • Print name, title, sign and date VI. 8038 OR GC — IRS FORM The enclosed form is a SAMPLE only. The actual 8038G or GC will be completed and sent to you for your signature after closing, with instructions to return the original to us at your earliest convenience. This is being done in accordance with the Internal Revenue Service regulations and is a requirement of this financing. VII. ADDITIONAL DOCUMENTATION THAT MUST BE SENT PRIOR TO FUNDING — (WHEN APPLICABLE) : ❑ Insurance Certificate for Property— List De Lage Landen Public Finance LLC and/or Its Assigns as "loss payee" to the address listed below. The certificate must also show the physical address where the equipment is located or the phrase "throughout juris- diction" may be used. Must also list amount being financed. ❑ Insurance Certificate for Liability — List De Lage Landen Public Finance LLC and/or Its Assigns as "additional insured." �J Vendor invoice listing customer as both bill to and ship to party (to be provided by vendor) VI Completed Billing Information form ❑ Advance payment check made payable to De Lage Landen Public Finance LLC ❑ State sales tax exemption certificate ❑ Escrow Agreement — Return signed Escrow Agreement Incumbency Certificate & Lessee W9 ALL DOCUMENTATION SHOULD BE RETURNED VIA FAX OR EMAIL AS FOLLOWS: Attention: Jimmy Kind Email: iking{ci}leasedirect.com Lease Processing Center 1111 Old Eagle School Road Wayne, PA 19087 08PF000073v.7 - 254 of 647 ri 2 16 WI Right• Rraerved. Printed in the U.."..A O13PFDOGQ7A7 1211E EXHIBIT B SBS, a program of De Lage Landen Public Finance LLC 1111 old Eagle School Rd Wayne PA 19087 State and Local Government Lease -Purchase Agreement PHONE: (800) 736-0220 FACSIMILE: (800) 700-4643 cull Legal Name CITY OF NATIONAL CITY i PhoneP1r,,n,ber 6193364240 DBA Name (il any) Rurcba%Order Requisition Numb. r 311lingMdr.:s City State Lip 1243 NATIONAL CITY BLVD NATIONAL CITY CA 91950 Send Invoice to Attention of: Equipinoul Make Model No. ° dal Number Deseriplion (Mach Separate Schedule If Nf. assary} o See Attachment 2 for equipment description cc ci LL S t- 2 t4 rZ a Equipment Location W if not came as above) City Stale tip Numl' r of Lere Fayment 60 Luse PavmentF: Sr: Lease Payment Schedule ANzched a^ .lttachment 1 Full Lease Term (In Montle,`. 60 Payment Frequency 6/Monthly ❑ Quarterly ❑ Sc^.Annually Annually CI Other End of Lee a Option: Si By checking the tvA below, YOU hereby designate this Leans cs a °q, alilied lax-e.empt obligation" a- (kilned in Section 265(b)(3)B) of the Interns) R venue Cede and represent that the aggregate face amount of all tax-exempt obligati( ns (excluding private activity bonds other than qualified 501(c)(3) binds) Issued or to be is.u:d by VOU and 70UR subordinate entitie . during the calendar year in which WE fund ihie LLce i • not reason:Ay expected to exceed S10,000,000. ❑ Bank oualifirutionElected TERMS AND CONDITIONS Please read YOUR copy of this State and Local Govemment Lease -Purchase Agreement (`Lease") carefully and feel free to ask US any questions YOU may have about it. Words "YOU" and "YOUR" refer to the "Lessee" and the words "WE," US" and "OUR' refer to De Lage Landen Public Finance LLC its successors and assigns, as the 'lessor" of the Equipment. 1. LEASE. WE agree to lease to YOU and YOU agree to lease from US, the equipment listed above (and on any attached schedule) including all replacement parts, repairs, additions and accessories ("Equipment`) on the terms and conditions of this Lease and on any attached schedule. 2. TERM. This Lease is effective on the date when the term of this Lease and YOUR obligation to pay rent commence, which date shall be the date that funds are advanced by US to YOU, the vendor of the Equipment or an escrow agent for the purpose of paying or reimbursing all or a portion of the cost of the Equipment (the "Commencement Date") and continues thereafter for an original term ("Original Term") ending at the end of YOUR budget year in effect on the Commencement Date and may be continued by YOU for additional one-year renewal terms ("Renewal Terms") coinciding with YOUR budget year up to the total number of months indicated above as the Full Lease Term; provided, however, that at the end of the Original Term and at the end of each Renewal Term until the Full Lease Term has been completed, YOU shall be deemed to have continued this Lease for the next Renewal Term unless YOU shall have terminated this Lease pursuant to Section 5 or Section 17. Lease Payments will be due as set forth on Attachment 1 until the balance of the Lease Payments and any additional Lease Payments or expenses chargeable to YOU under this Lease are paid in full. As set forth in the Lease Payment Schedule, a portion of each Lease Payment is paid as, and represents payment of, interest. YOUR obligation to pay the Lease Payments and YOUR other Lease obligations are absolute and unconditional and are not subject to cancellation, reduction, setoff or counterclaim except as provided in Section 5. THIS LEASE IS NON -CANCELABLE EXCEPT AS PROVIDED IN SECTION 5. 3. LATE CHARGES. N a Lease Payment Is not made on the date when due, YOU will pay US a late charge at the rate of 18% per annum or the maximum amount permitted by law, whichever Is less, from such dale. 4. CONTINUATION OF LEASE TERM. YOU currently intend, subject to Section 5, to continue this Lease through the Full Lease Term and to pay the Lease Payments hereunder. YOU reasonably believe that legally available funds In an amount sufficient to make all Lease Payments during the Full Lease Term can be obtained. YOUR responsible financial officer shall do all things lawfully within his or her power to obtain and maintain funds from which the Lease Payments may be made, including making provision for the Lease, Payments to the extent necessary in each proposed annual budget submitted for approval in actor - dance with YOUR applicable procedures and to exhaust all available reviews and appeals if that portion of the budget is not approved. Notwithstanding the foregoing, the decision whether to budget or appropriate funds and to extend this Lease for any Renewal Term Is solely within the discretion of YOUR governing body. 5. NONAPPROPRIATION. YOU are obligated only to pay such Lease Payments under this Lease as may lawfully be made from funds budgeted and appropriated for that purpose during YOUR then current budget year. If YOU fail to appropriate or otherwise make available funds to pay the Lease Payments required to be paid in the next occurring Renewal Term, this Lease shall be deemed terminated at the end of the then current Original Term or Renewal Term. YOU agree to deliver written notice to US of such termination at least 90 days prior to the end of the then current Original Term or Renewal Term, but failure to give such notice shall not extend the term of this Lease beyond the then current Original Term or Renewal Term. If this Lease is terminated in accordance with this Section, YOU agree, at YOUR cost and expense, to peaceably deliver the Equipment to US at the location or locations specified by US. B. WARRANTIES. WE are leasing the Equipment to YOU "AS -IS" and WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PAR- TICULAR PURPOSE. WE transfer to YOU, without recourse, for the term of this Lease all warranties, if any, made by the manufacturer. YOU ALSO ACKNOWLEDGE THAT NO ONE IS AUTHORIZED TO WAIVE OR CHANGE ANY TERM, PROVISION OR CONDITION OF THIS LEASE AND, EXCEPT FOR THE MANUFACTURER WARRANTIES, MAKE ANY REPRESENTATION OR WARRANTY ABOUT THIS LEASE OR THE EQUIP- MENT. WE SHALL NOT RE LIABLE FOR SPECIAL, RESULTING OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFIT OCCASIONED BY ANY BREACH OF WARRANTY OR REPRESENTATION OR RESULTING FROM THE USE OR PERFORMANCE OF THE EQUIPMENT. YOUR OBLIGATION TO PAY IN FULL ANY AMOUNT DUE UNDER THE LEASE WILL NOT BE AFFECTED BY ANY DISPUTE, CLAIM, COUNTERCLAIM, DEFENSE OR OTHER RIGHT WHICH YOU MAY HAVE OR ASSERT AGAINST THE SUPPLIER OR THE EQUIPMENT MANUFACTURER. 7. DELIVERY AND ACCEPTANCE. YOU ARE RESPONSIBLE, AT YOUR OWN COST, TO ARRANGE FOR THE DELIVERY AND INSTALLATION OF THE EQUIPMENT (UNLESS THOSE COSTS ARE INCLUDED IN THE COSTS OF THE EQUIPMENT TO US). IF REQUESTED, YOU WILL SIGN A SEPARATE EQUIPMENT DELIVERY AND ACCEPTANCE CERTIFICATE. WE MAY AT OUR DISCRETION CONFIRM BY TELEPHONE THAT YOU HAVE ACCEPTED THE EQUIPMENT AND THAT TELEPHONE VERIFICATION OF YOUR ACCEPTANCE OF THE EQUIPMENT SHALL HAVE THE SAME EFFECT AS A SIGNED DELIVERY AND ACCEPTANCE CERTIFICATE. (Terms and Conditions continued on the reverse side of this Lease.) 144 YOU afire,, to all ni the Terms and Condition, contained in brlh sides of thi: Lea e, and in any attachments to same (all of which are Ineluded by reference) anJ become part of this Lease. YOU acknnvlar fie tc haw. read and ,gie,d to all the Terms and Conditions. CC The Equipment is: ,r( NEW ❑ USED z.3 '- ac: Signature Old Title 14,1 Print Name -4 Legal Name of rrrporation CITY OF NATIONAL CITY (LEASE MUST BE SIGNED BY AUTHORIZED OFFICIAL OF LESSEE) Lessor Signature Dale Print Name M Title vd,$ 403 For De Lage Landen Public Finance LLC 44.1 —.F Lease Number PUB 17717 La.o Date June 19 18 V:ndor I.O. Number K8516 255 of 647 EXHIBIT B 8. TiTLE, PERSONAL PROPERTY, LOCATION, INSPECTION, NO MODIFICATIONS OR ALTER- ATiONS. YOU have title to the Equipment; provided that title to the Equipment will immediately and without any action by YOU vest in US, and YOU shall immediately surrender possession of the Equipment to US, (a) upon any termination of this Lease other than termination pursuant to Section 17 or (b) if YOU are in default of this Lease. 11 is the intent of the parties hereto that any transfer of title to US pursuant to lie is Section shall occur automatically without the necessity of any bill of sale certificate of title or usher instrument of conveyance. YOU shall, nevertheless, execute and deliver any such instruments as WE may request to evidence such transfer. As security for YOUR obliga- tions hereunder, WE retain a security interest in the Equipment and all proceeds thereof. YOU have the right to use the Equipment during the term of this Lease, except as otherwise expressly set forth in this Lease. Although the Equipment may become attached to real estate, it remains personal property. YOU agree not to alter or modify the Equipment or permit a lien to be placed upon the Equipment or to remove the Equipment without OUR prior written consent, If WE feel it Is neces- sary, YOU agree to provide US with waivers of interest or liens from anyone claiming any interest in the real estate on which any items of Equipment is located. WE also have the right, at reason- able limes, to inspect the Equipment. 9. MAINTENANCE. YOU are required, at YOUR own cost and expense, to keep the Equipment in good repair, condition and working order, except for ordinary wear and tear, and YOU will supply all pans and servicing required. NI replacement parts used or installed and repairs made to the Equipment will become OUR property. YOU ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR PROVIDING ANY REQUIRED MAINTENANCE AND/OR SERVICE FOR THE EQUIPMENT. YOU WILL MAKE ALL CLAIMS FOR SERV- ICE AND/OR MAINTENANCE SOLELY TO THE SUPPLIER AND/OR MANUFACTURER AND SUCH CLAIMS WILL NOT AFFECT YOUR OBLIGATION TO MAKE ALL REQUIRED LEASE PAYMENTS. 10. ASSIGNMENT. YOU AGREE NOT TO TRANSFER, SELL, SUBLEASE, ASSIGN, PLEDGE OR ENCUMBER EITHER THE EQUIPMENT OR ANY RIGHTS UNDER THIS LEASE WITHOUT OUR PRIOR WRITTEN CONSENT. YOU agree that WE may sell, assign or transfer this Lease and, if WE do, the new owner wit have the same rights and benefits that WE now have and will not have to perform any of OUR obligations and the rights of the new o>rner will not be subject to any claims, counterclaims, defenses or set -offs that YOU may have against US. YOU hereby appoint Municipal Registrar Services (the "Registrar ) an YOUR agent for the purpose of maintaining a written record of each assignment in form necessary to comply with Section 149(a) of the Internal Revenue Code of 1986, as amended. No such assignment shall be binding on YOU until the Registrar has received written notice from the assignor of the name and address of the assignee. 11. LOSS OR DAMAGE. YOU are responsible for the risk of loss or destruction of, or damage to the Equipment. No such loss or damage relieves YOU from any obligation under this Lease. If any of the Fquipment is damaged by fire or other casualty or title to, or the temporary use of, any of the Equipment is taken under the exercise of the power of eminent domain, the net proceeds ("Net Proceeds') of any insurance claim or condemnation award will be applied to the prompt replacement, repair, restoration, modification or improvement of that Equipment, unless YOU have exercised YOUR option to purchase the Equipment pursuant to Section 17. My balance of the Net Proceeds remain- ing after such work has been completed shall be paid to YOU. 12. INDEMNITY. WE are not responsible for any tosses or injuries caused by the manufacture, acquisition, delivery, installation, ownership, use, lease, possession, maintenance, operation or rejec- tion of the Equipment or defects in the Equipment. To the extent permitted by law, YOU agree to reim- burse US for and to defend US against any claim for losses or injuries relating to the Equipment. This indemnity will continue even after the termination of this Lease. 13. TAXES. YOU agree to pay all applicable license and registration fees, sale and use taxes, per- sonal property taxes and all other taxes and charges, relating to the ownership, leasing, rental, sale, purchase, possession or use of the Equipment (except those based on OUR net Income). YOU agree that if WE pay any taxes or charges, YOU will reimburse US for all such payments and will pay US Interest and a late charge (as calculated in Section 3) on such payments with the next Lease Payment, plus a fee for OUR collecting and administering any taxes, assessments or fees and remitting them to the appropriate authorities. 14. INSURANCE. During the term of this Lease, YOU will keep the Equipment insured against all risks of loss or damage In an amount not less than the replacement cost of the Equipment, without deductible and without co-insurance. YOU will also obtain and maintain for the term of this Lease, comprehensive public liability insurance covering both personal injury and properly damage of at least $100,000 per person and $300,000 per occurrence or bodily injury and $50,000 for property damage. WE will be the sole named loss payee on the properly Insurance and named as an addition- al insured on the public liability insurance. YOU will pay all premiums for such Insurance and must deliver proof of insurance coverage satisfactory to US. If YOU do not provide such insurance, YOU agree that WE have the right, but not the obligation, to obtain such insurance and add an insurance fee to the amount due from you, on which we make a profit. 15. DEFAULT. Subject to Section 5, YOU are in default of this Lease if any of the following occurs: (a) YOU fail to pay any Lease Payment or other sum when due; (b) YOU breach any warran- ty or other obligation under this Lease, or any other agreement with US, (c) YOU become insolvent or unable to pay YOUR debts when due, YOU make an assignment for the benefit of creditors or YOU undergo a substantial deterioration in YOUR financial condition, or (d) YOU fife or have filed against YOU a petition for liquidation, reorganization, adjustment of debt or similar relief under the Federal Bankruptcy Code or any other present or future federal or state bankruptcy or insolvency law, or a trustee, receiver or liquidator is appointed for YOU or a substantial part of YOUR assets. 16. REMEDIES. WE have the following remedies if YOU are in default of this Lease; WE may declare the entire balance of the unpaid Lease Payments for the then current Original Term ar Renewal Term immediately due and payable; sue for and receive all Lease Payments and any other payments then accrued or accelerated under this Lease; charge YOU interest on all monies due US at the rate of eighteen percent (18%) per year from the date of default until paid, but in no event more than the maximum rate permitted by law; charge YOU a retum-check or non -sufficient funds charge ("NSF Charge") of $25.00 for a check that is returned for any reason; and require that YOU return the Equipment to US and, if YOU fail to return the Equipment, enter upon the premises peaceably with or without legal process where the Equipment is located and repossess the Equipment. Such return or repossession of the Equipment will not constitute a termination of this Lease unless WE expressly notify YOU in writing. if the Equipment is returned or repossessed by US and unless WE have termi- nated this Lease, WE will sell or re -rent the Equipment to any persons with any terms WE determine, at one or more public or private sales, with or without notice to YOU, and apply the net proceeds after deducting the costs and expenses of such sale or re -rent, to YOUR obligations with YOU remaining liable for any deficiency and with any excess over the amounts described in this Section plus the then applicable Purchase Price to be paid to YOU. YOU are also required to pay (i) all expenses incurred by US in connection with the enforcement of any remedies, including all expenses of repossessing, storing, shipping, repairing and selling the Equipment, and (11) reasonable attomeys' fees. 17. PURCHASE OPTION. Provided YOU are not in default, YOU shall have the option to purchase all but not less than all of the Equipment (a) on the date the last Lease Payment is due (assuming this Lease Is renewed at the end of the Original Term and each Renewal Term), if this Lease is still in effect on that day, upon payment in full of Lease Payments and all other amounts then due and the payment of One Dollar to US; (b) on the last day of the Original Term or any Renewal Term then in effect, upon at least 60 days' prior written notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the Lease Payment Schedule; or (c) if substantial damage to or destruction or condemnation of substantially all of the Equipment has occurred, on the day specified in YOUR written notice to US of YOUR exercise of the purchase option upon at least 60 days' prior notice to US and payment in full to US of the Lease Payments and all other amounts then due plus the then applicable Purchase Price set forth on the Lease Payment Schedule. 18. REPRESENTATIONS AND WARRANTIES. YOU warrant and represent as follows: (a) YOU are a public body corporate and politic duly organized and existing under the constitution and laws of YOUR State with full power and authority to enter into this Lease and the transactions contemplated hereby and to perform all of YOUR obligations hereunder; (b) YOU have duly authorized the execu- tion and delivery of this Lease by proper action by YOUR governing body at a meeting duly called, regularly convened and attended throughout by the requisite majority of the members thereof or by other appropriate official approval, and all requirements have been met and procedures have occurred in order to ensure the validity and enforceability of ibis Lease; (c) YOU have complied with such pub- lic bidding requirements as may be applicable to this Lease and the acquisition by YOU of the Equipment; (d) all authorizations, consents and approvals of governmental bodies or agencies required in connection with the execution and delivery by YOU of this Lease or in connection with the carrying out by YOU of YOUR obligations hereunder have been obtained; (e) this Lease constitutes the legal, valid and binding obligation of YOU enforceable In accordance with its terms, except to the extent limited by applicable bankruptcy, insolvency, reorganization or other laws affecting creditors' rights generally; (f) YOU have, in accordance with the requirements of law, fully budgeted and appro- priated sufficient funds for the current budget year to make the Lease Payments scheduled to come due during the current budget year and to meet YOUR other obligations under this Lease for the cur- rent budget year, and those funds have not been expended for other purposes; (g) the Equipment is essential to YOUR functions or to the services YOU provide to YOUR citizens, YOU have an immedi- ate need for the Equipment and expect to make immediate use of the Equipment, YOUR need for the Equipment is not temporary and YOU do not expect the need for any Item of the Equipment to dimin- ish in the foreseeable future, Including the Full Lease Term, and the Equipment will be used by YOU only for the purpose of performing one or more of YOUR governmental or proprietary functions con- sistent with the permissible scope of YOUR authority and will not be used !n the trade or business of any other entity ar person; and (h) YOU have never failed to appropriate or otherwise make available funds sufficient to pay rental or other payments coming due under any (ease purchase, installment sale or other similar agreement. 19. UCC FILINGS AND FINANCIAL STATEMENTS. YOU authorize US to file a finandng state- ment with respect to the Equipment. If WE feel it is necessary, YOU agree to submit financial state- ments (audited if available) un a quarterly basis. 20. UCC - ARTICLE 2A PROVISIONS. YOU agree that this Lease is a Finance Lease as that term is defined in Article 2A of the Uniform Commercial Code ('UCC"). YOU acknowledge that WE have given YOU the name of the Supplier of the Equipment. WE hereby notify YOU that YOU may have rights under the contract with the Supplier and YOU may contact the Supplier for a description of any rights or warranties that YOU may have under this supply contract. YOU also waive any and all rights and remedies granted YOU under Sections 2A-508 through 2A-522 of the UCC, 21. TAX EXEMPTION. YOU will comply with all applicable provisions of the infernal Revenue Code of 1986, as amended (the "Code"), including without limitation Sections 103,141,148 and 149 thereof, and the applicable regulations thereunder to maintain the exclusion of the interest portion of the Lease Payments from gross income for purposes of federal income taxation. YOU acknowledge that these provisions of the Code provide restrictions on the use of the Equipment and the expendi- ture and investment of money related to this Lease. YOU agree to insure the timely and accurate fil- ing of IRS Form 8038-G or Form 8038-GC, as applicable, as required by the Code, and willfully coop- erate whh US to insure such timely and accurate filing. 22. BANK QUALIFICATION. If YOU checked the "Bank Qualification Elected" box on the front page of this Lease YOU and all YOUR subordinate entities will not issue in excess of $10,000,000 of qualified tax-exempt obligations (including this Lease but excluding private activity bonds other than qualified 501(c)(3) bonds) during the calendar year in which WE fund this Lease without first obtain- ing an opinion of nationally recognized counsel in the area of tax-exempt municipal obligations acceptable to US that the designation of this Lease as a "qualified tax-exempt obligation' will not be adversely affected. 23. CHOICE OF LAW; JURY TRIAL WAIVER. This Lease shall be governed and construed in accordance with the laws of the state where YOU are located. To the extent permitted by law, YOU agree to waive YOUR rights to a trial by jury. 24. ENTIRE AGREEMENT; SEVERABILITY; WAIVERS. This Lease contains the entire agreement and understanding. No agreements or understandings are binding on the parties unless set forth in writing and signed by the parties. Any provision of this Lease which for any reason may be held unen- forceable In any jurisdiction shall, as to such jurisdiction, be ineffective without invaliding the remain- ing provisions of this Lease. THIS LEASE I5 NOT INTENDED FOR TRANSACTIONS WITH AN EQUIP- MENT COST OF LESS THAN $1,900. 25. FACSIMILE DOCUMENTATION. YOU agree that a facsimile copy of this Lease with facsimi- le signatures may be treated as an original and will be admissible as evidence of this Lease. 26. ROLE OF LESSOR. WE have not acted and will not act as a fiduciary for YOU or as YOUR agent or municipal advisor. WE have not and will not provide financial, legal, tax, accounting or other advice to YOU or to any financial advisor or placement agent engaged by YOU with respect to this Lease. YOU, YOUR financial advisor, placement agent or municipal advisor, if any, shall each seek and obtain its own financial, legal, tax, accounting and other advice with respect to this Lease from its own advisors (including as it relates to structure, timing, terms and similar matters). 12PFDOC223v1 256 of 647 ;:-u16 All highls 5' .awed. Print;d In the U.SA.12PFD0G‘4':1 1L,16 EXHIBIT B ATTACHMENT 1 Lease Payment Schedule STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT LESSOR. De Lage Landen Public Finance LLC LESSEE. CITY OF NATIONAL CITY LEASE NUMBER PUB 17717 LEASE DATE: June 19 20 18 Lease Payments are duo on each periodic anniversary of the Commencement Date that occ received by US. The period for each periodic anniversary is monthly Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be second succeeding month after the month of such Commencement urs during the Full Lease Term until all of the payments set forth below have been , as specified in the Payment Frequency box of this Lease. If the Commencement deemed to occur on the 1st day of the month, commencing on the 1st day of the Date. Payment Number Rental Payment Interest Portion Principal Portion Balance Purchase Price Loan 0 0.00 0.00 145,698.52 1 2,777.16 657.21 2,119.95 143,578.57 150,039.61 2 2,777.16 647.65 2,129.51 141,449.08 147,814.27 3 2,777.16 638.05 2,139.11 139,309.95 145,578.90 4 2,777.16 628.40 2,148.76 137,161.19 143,333.44 5 2,777.16 618.70 2,158.46 135,002.73 141,077.85 6 2,777.16 608.97 2,168.19 132,834,54 138,812.09 7 2,777.16 599.19 2,177.97 130,656.57 136,536.12 8 2,777.16 589.36 2,187.80 128,468.77 134,249.86 9 2,777.16 579.49 2,197.67 126,271.10 131,953.30 10 2,777.16 569.58 2,207.58 124,063.52 129,646.38 11 2,777.16 559.62 2,217.54 121,845.98 127,329.05 12 2,777.16 549.62 2,227.54 119,618.44 125,001.27 13 2,777.16 539.57 2,237.59 117,380.85 122,662.99 14 2,777.16 529.48 2,247.68 115,133.17 120,314.16 15 2,777.16 519.34 2,257.82 112,875.35 117,954.74 16 2,777.16 509.16 2,268.00 110,607.35 115,584.68 17 2,777.16 498.93 2,278.23 108,329.12 113,203.93 18 2,777.16 468.65 2,288.51 106,040.61 110,812.44 19 2,777.16 478.33 2,298.83 103,741.78 108,410.16 20 2,777.16 467.96 2,309.20 101,432.58 105,997.05 21 2,777.16 457.54 2,319.62 99,112.96 103,573.04 22 2,777.16 447.08 2,330.08 96,782.88 101,138.11 23 2,777.16 436.57 2,340.59 94,442.29 98,692.19 24 2,777.16 426.01 2,351.15 92,091.14 96,235.24 25 2,777.16 415.40 2,361.76 89,729.38 93,767.20 26 2,777.16 404.75 2,372.41 87,356.97 91,288.03 27 2,777.16 394.05 2,383.11 84,973.86 88,797.68 28 2,777.16 383.30 2,393.86 82,580.00 86,296.10 29 2,777.16 372.50 2,404,66 80,175.34 83,783.23 30 2,777.16 361.65 2,415.51 77,759.83 81,259.02 31 2,777.16 350.76 2,426.40 75,333.43 78,723.43 32 2,777.16 339.81 2,437.35 72,896.08 76,176.40 33 2,777.16 328.82 2,448.34 70,447.74 73,617.89 34 2,777.16 317.77 2,459.39 67,988.35 71,047.83 35 2,777.16 306.68 2,470.48 65,517.87 68,466.17 36 2,777.16 295.54 2,481.62 63,036.25 65,872.88 Sales tax of $11,722.87 is included in the financed amount shown above. The interest rate reflected herein is provided as an indication only and may need to be revised prior to closing. The Lessor will make reasonable efforts to maintain the rate presented herein. However, the rate may need to be revised prior to closing due to change in law or market conditions. In the event that market interest rates increase prior to the date of closing (which causes an increase in the Lessor's cost of funds), the interest rate will be indexed to reflect adjustments to the Lender's actual cost of funds due to market and legal changes incurred since the date of this documentation. Lessee Signature: Date. Print Name: Title: 12PFDOC22a 257 of 647 •J2012 All Eights Ressr,ed. Printed in the U.' A. 12PFDOC'24 1112 EXHIBIT B ATTACHMENT I Lease Payment Schedule STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT LESSOR. De Lage Landen Public Finance LLC LESSEE: CITY OF NATIONAL CITY LEASE NUMBER' PUB 17717 LEASE DATE: June 19 20 18 Lease Payments are due on each periodic anniversary of the Commencement Date that occurs during the Full Lease Term until all of the payments set forth below have been received by US. The period for each periodic anniversary is monthly , as specified in the Payment Frequency box of this Lease. If the Commencement Date occurs on the 29th, 30th or 31st day of any month, the periodic anniversary will be deemed to occur on the 1st day of the month, commencing on the 1st day of the second succeeding month after tha month of such Commencement Date. Pat rent Nurr 1 R,pllal Payment Interest Portion Principal Portion Balance Purchase Price 37 2,777.16 284.34 38 2,777.16 273.10 39 2,777.16 261.80 40 2,777.16 250.46 41 2,777.16 239.06 42 2,777.16 227.61 43 2,777.16 216.11 44 2,777.16 204.56 45 2,777.16 192.95 46 2,777.16 181.30 47 2,777.16 169.59 48 2,777.16 157.82 49 2,777.16 146.01 50 2,777.16 134.14 51 2,777.16 122.22 52 2,777.16 110.24 53 2,777.16 98.21 54 2,777.16 86.13 55 2,777.16 73.99 56 2,777.16 61.80 57 2,777.16 49.55 58 2,777.16 37.24 59 2,777.16 24.89 60 2,777.16 12.47 Grand Totals 166,629.60 20,931.08 2,492.82 2,504.06 2,515.36 2,526.70 2,538.10 2,549.55 2,561.05 2,572.60 2,584.21 2,595.86 2,607.57 2,619.34 2,631.15 2,643.02 2,654.94 2,666.92 2,678.95 2,691.03 2,703.17 2,715.36 2,727.61 2,739.92 2,752.27 2,764.69 145,698.52 60,543.43 68,039.37 55,524.01 52,997.31 50,459.21 47,909.66 45,348.61 42,776.01 40,191.80 37,595.94 34,988.37 32,369.03 29,737.88 27,094.86 24,439.92 21,773.00 19,094.05 16,403.02 13,699.85 10,984.49 8,256.88 5,516.96 2,764.69 0.00 63,267.88 60,651.14 58,022.59 55,382.19 52,729.87 50,065.59 47,389.30 44,700.93 42,000.43 39,287.76 36,562.85 33,825.64 31,076.08 28,314.13 25,539.72 22,752.79 19,953.28 17,141.16 14,316.34 11,478.79 8,628.44 5,765.22 2,889.10 0.00 Lessee Signature: Date: Print Name. Title• 12PFDDC224 >2412 All Rights Re:',rved. Printed in the UP.A. 12PFOOC224 11/12 258 of 647 EXHIBIT B ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT EQUIPMENT DESCRIPTION LESSOR' De Lage Landen Public Finance LLC LESSEE CITY OF NATIONAL CITY LEASE NUMBER. PUB 17717 LEASE DATE. June 19 ,20 18 rmn!ilx Description/Serial No./Model No. Location 3 2 1 New Sharp MX-M3050 digital copier with attachments S/N: New Sharp MX-M5050 digital copier with attachments S/N: New Sharp MX-2630 digital copiers with attachments SIN: S/N: SIN: S/N: New Sharp MX-3050V digital copiers with attachments SIN: S/N: SIN: New Sharp MX-4050V digital copier with attachments S/N: New Sharp MX-5050V digital copiers with attachments S/N: S/N: New Sharp MX-6070V digital copier with attachments SIN: New Sharp MX-6580N digital copier with attachments SIN: LESSEE Signature: Date: Print Name: Title: 259 of 647 :'.012 All Right, Fc.erved. Printed in the U.S.A 10PFD0C169:+210/12 EXHIBIT B ATTACHMENT 2 STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT EQUIPMENT DESCRIPTION LESSOR. De Lage Landen Public Finance LLC LESSEE. CITY OF NATIONAL CITY LEASE NUMBER: PUB 17717 LEASE DATE: June 19 ,20 18 IJL":. ',1I Description/Serial No,/Model No. Lo ation 2 3 New Sharp MX-7580N digital copiers with attachments SIN: SIN: New Sharp MX-266N digital copier with attachments SIN: New Sharp MX-3550V digital copiers with attachments SIN: S/N: SIN: LESSEE Signature: Date' Print Name: Title: 10PFD0C169v2 260 of 647 r «2012 All Rights Rr=srued. Prins in 1116 U i 0. 10PFOOC16g,210/12 EXHIBIT B BILLING INFORMATION PLEASE COMPLETE THIS FORM AND RETURN WITH DOCUMENTS In order for De Lage Landen Public Finance LLC t0 properly bill and credit your account, it is necessary that you complete this form and return it with the signed documents. Billing Name - If you would like your invoices emailed to you in place of regular mail, please provide an email address(es) below *YOUR INVOICES WILL BE EMAILED FROM INVOICEDELIVERY@PAYEREXPRESS.COM Subject line will read: Your Lease Direct Invoice is ready to view online! Billing Address. Attention. Telephone Number - FEDERAL ID#: — SPECIAL INSTRUCTIONS Do you require a Purchase Order Number on the invoice? If yes, please provide PO# ❑ YES ❑ NO is a new purchase order required for each new fiscal period? ❑ YES ❑ NO If yes, provide month/year PO expires Are you sales tax exempt? 1f yes, please attach a copy of exempt certificate or direct pay permit. DYES ❑ NO Do you require any special information to establish a vendor number for 7 El YES ❑ NO If yes, please advise. Additional Comments: CONTACT INFORMATION AND QUESTIONNAIRE FOR FORM 8038-G FILINGS (required for all State and Local Government transactions) Contact Name. Title Contact Address: Contact Telephone Number: Email Address: Written Tax Compliance Procedures The IRS Form 8038-G asks specific questions about whether written procedures exist with regard to compliance with the federal tax requirements for tax-exempt obligations. Please answer the following questions to help us complete the form correctly prior to your signature. Please note that your answers to these questions will not impact the terms or conditions of the subject transaction: 1. Has the Lessee established written procedures designed to monitor compliance with federal tax restrictions for the term of the lease? Among other matters, the written procedures should identity a particular individual within Lessee's organization to monitor compliance with the federal tax requirements related to use of the financed assets and describe actions to be taken in the event failure to comply with federal tax restrictions is contemplated or discovered. YES ❑ NO ❑ If YES, please attach/provide a copy. Answer the following question only it proceeds of the current financing will be funded to an ESCROW Account. The IRS Form 8038-G asks specific questions about written procedures to monitor the yield on the investment of gross proceeds of tax-exempt obligations and, as necessary, make payments of arbitrage rebate earned to the United States. 2. Has the Lessee established written procedures to monitor the yield on the investment of proceeds of the Lease on deposit in an escrow account or similar fund prior to being spent and to ensure that any positive arbitrage rebate earned is paid to the United States? YES 0 NO ❑ If YES, please attach/provide a copy. if you have further questions, please consult your regular bond or legal counsel. 08PFD00086v9 261 of 647 '7-2016 All Rights F; ser.A. Printed 1n the Lir .A. 06PFDOCO66v9 11/16 EXHIBIT B SBS, a program of De Lage Landen Public Finance LLC 1111 old Eagle School Rd Wayne PA 19087 Ladies and Gentlemen: Re: State and Local Government Lease -Purchase Agreement dated as of dune 19 De Laae Landen Public Finance LLC CITY OF NATIONAL CITY ACCEPTANCE CERTIFICATE 20 18 , between Lessor, and , as Lessee. In accordance with the State and Local Government Lease -Purchase Agreement (the "Agreement"), the undersigned Lessee hereby certifies and represents to, and agrees with Lessor as follows: 1. All of the Equipment (as such term is defined in the Agreement) has been delivered, installed and accepted on the date hereof. 2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee is currently maintaining the insurance coverage required by Section 14 of the Agreement. 4. No event or condition that constitutes, or with notice or lapse of time, or both, would constitute, an Event of Default (as defined in the Agreement) exists at the date hereof. (SEAL) LESSEE SIGNATURE Lessee CITY OF NATIONAL CITY Signature Date Print Name Title 07PFD00057v1 262 of 647 ' 2O1: All Rights Ft.' ed. Frinten in the U.SA. 07PFC000s7v1 1e/K EXHIBIT B AMENDMENT TO STATE AND LOCAL GOVERNMENT LEASE -PURCHASE AGREEMENT This Amendment to that certain State and Local Government Lease -Purchase Agreement (together with all Exhibits and this Amendment, the "Agreement") Reference Number PUB 17717, dated as of June 19, 2018, between CITY OF NATIONAL CITY (together with its successors and assigns, "Lessee"), and DE LAGE LANDEN PUBLIC FINANCE LLC (together with its successors and assigns, "Lessor"), is incorporated in and is hereby made a part of the Agreement. Lessor and Lessee hereby agree that capitalized terms used herein and not otherwise defined herein shall have the terms assigned to such terms in the Agreement and that the following changes and additions are hereby made to the Agreement: 1. Section 2 TERM. The following is hereby added at the end of this section, "Nothwithstanding anything else in this Section, the Full Lease Term shall not exceed 60 months." 2. Section 3 LATE CHARGES. This section is hereby deleted in its entirety. 3. Section 8 TITLE PERSONAL PROPERTY, LOCATION INSPECTION, NO MODIFICATIONS OR ALTERATIONS. The last sentence in this section is hereby deleted and replaced with the following, "WE also have the right, at reasonable times, and upon reasonable notice, to inspect the Equipment." 4. Section 10 ASSIGMENT. The second sentence in this section is hereby deleted and replaced with the following, "YOU agree that WE may sell, assign or transfer this lease, after providing written notice to YOU, and, if WE do, the new owner will have the same rights and benefits that WE now have and will not have to perform any of OUR obligations and the rights of the new owner will not be subjected to any claims, counterclaims, defenses or set -offs that You may have against US." 5. Section 12 INDEMNITY. This section is hereby deleted in its entirety and replaced with the following, "12 Responsibility. To the extent permitted by law, and subject to principles of Sovereign Immunity, each party to this Lease agrees to be responsible for any negligent acts or omissions by or through itself or its employees and each party further agrees to defend itself and themselves and pay any judgments and costs arising out of such negligent acts or omissions, and nothing in this Lease shall impute or transfer any such responsibility from one party to the other. This Section 12 does not affect any indemnity that Sharp Electronics, through its Sharp Business Systems division, provides to the City in Sharp's June 19, 2018 Agreement with the City.' 6. Section 16 REMEDIES. The following clauses are hereby deleted in their entirety, "charge YOU interest on all monies due US at the rate of eighteen percent (18%) per year from the date of default until paid, but in no event more than the maximum rate permitted by law; charge YOU a return -check or non -sufficient funds charge ("NSF Charge") of $25.00 for a check that is returned for any reason;" 7. Section 20 UCC — ARTICLE 2A PROVISIONS. The last sentence in this section is hereby deleted in its entirety. 8. Section 22 BANK QUALIFICATION. This section is hereby deleted in its entirety. 9. Section 23 CHOICE OF LAW; JURY TRIAL WAIVER. The second sentence in this section is hereby deleted in its entirety. Except as specifically set forth in this Amendment, all terms and conditions contained in the Agreement remain in full force and effect and are hereby ratified and confirmed. LESSOR:DE LAGE LANDEN PUBLIC FINANCE LLC LESSEE: CITY OF NATIONAL CITY BY: BY: X AUTHORIZED SIGNATURE AUTHORIZED SIGNATURE BY: BY: PRINTED NAME AND TITLE PRINTED NAME AND TITLE ADDRESS: 1111 Old Eaole School Rd ADDRESS: 1243 National City Blvd Wayne, PA 19087 National City, CA 91950 DATE: DATE: 263 of 647 ACCORD" CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDMYYY) 05/244201B THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TUE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BEI nnru, THIS CERTIFICATE OF INRURAMCF DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terrn$ 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 Ileu of such endorsement(s). PRODUCER Marsh USA Inc. Japan Client Services 1166 Avenue of the Americas, 36111 Floor New York, NY 10036 Attn: NewYak.Certsn) rnarsh.00m Fax: 212-948.0500 INSURED Sharp Electronics CorpOrafmn 100 Paragon Drive Montvale, NJ 07645 CONTACT NAME: PHONE Ik1�1No, Erli� E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A : SDnipD Anleiica Insurance Company INSURERS : Mitsui Sumitomo Insurance Company Of America FAX WAWC, No): INSURER C : National Union Firs Insurance Co. Of Pittsburgh, PA INSURER D : NAIC # 11126 20362 19445 INSURER E : INSURER F : GES CERTIFICATE NUMBER; NYC-010293643-02 REVISION NUMBER: 4 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1$ SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. NSR LTR TYPE OF7NSIJRANCE ADDL NOD SUER wvo POLICY NUMBER POLICY EFF IN NDOfYYYY1 POLICY EXP IfM ILOYTYYI LIMITS A X COMMERCIAL GENERALLIABILUTY ^DAMAGE I CLAIMS -MADE OCCUR GDL40032C0 10101/2017 10/0112016 Farm OCCURRENCE $ 1,000,000 X PR MISESO(EaENTED omarereel $ 1,000,030 MED EJ(P {My are person} $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEM_ X LIMIT APPLIES POLICY I I PST OTHER: PER: -- GENERAL AGGREGATE $ 1,000;000 LOC PRODUCTS -COMP(OPAGG $ 3,000,000 $ A AUTOMOBILE _ X LIABILITY ANY AUTO OWNED AUTOS ONLY I HIRED AUTOS ONLY SCHEDULED AUTOS NON -OWNED AUTOS ONLY ACV41064M0 10/0112617 10jD1/201S COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident} 3 J PROPERTY DAMAGE (Per accident) 3 $ A x UMBRELLA 1JAB LIAR x (OCCUR CLAIMS -MADE CPU40752A0 16J1}1/2{i17 G10101t2C16 EACHOCCURENCE $ 1,000,000E1CCE j AGGREGATE 3 1,000,000 DED RETEbrT ON 3 0 3 B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY R1 ANYPROPRIETOPARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory In NH) It yes, describe under DESCRIPTION OF OPERATIONS r1N N!A ��r,. :0155630620(AOS) WCP9110029 ( ME, ID) 06i61Y2017 106/01/204S 061B1t2017 06101/2018 I x S kTUTE OTH- ER EACH ACCIDENT 1,1,000,000EL. $ N EL. DISEASE -EA EMPLOYEE $ 1,000,000 below E-L, DISEASE- POLICY LIMIT S 1,000,000 C E&O 017716881 08/01/2617 08/0112015 Limit SIR 2,000,000 150,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS ! VEHICLES (ACORD 101, Additional Remarks ScheAule, may be attached I more sparse is required) The Ciy of National Co, its elected officials, officers, agents and employees ate included as additional Insured (except Workers' Compensation and E&O) where required by written contbracWdver of subrogation is applicable where required by written contract CERTIFICATE HOLDER CANCELLATION City of National City clo Risk Manager 1243 National City Blvd National City, CA 91950-4301 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 of Marsh USA Inc. Teresa Gerwycki-Chaves JQJIOAA.210.. `C ACORD 25 (2016103) The ACORD name an ©1988-2016 ACORD CORPORATION. All rights reserved. eyed marks of ACORD 264 of 647 Sompoiapan Nipponkoa America This Endorsement Changes the Poky. Please Read It Carefully. COMMERCIAL AUTOMOBILE ENHANCEMENT This endorsement modifies coverage provided under the following: BUSINESS AUTO COVERAGE FORM 1. BROADENED INSURED COVERAGE Under Section III — COVERED AUTOS LIABILITY COVERAGE, the foHowing changes are made' A BROAD NAMED INSURED The following is added to A. Coverage, paragraph 1. Who Is An Insured: d. Any legally incorporated entity of which you own more than 50% of the voting stock on the effective date of this coverage part is an insured. B ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT The following is added to A. Coverage, paragraph 1. Who Is An Insured. e. Any person or organization, not otherwise identified as an Insured, In this coverage ar by endorsement to this coverage, that you are required by written contract, written agreement or written permit to name as an "Insured". The insurance provided under tem B. above applies on a primary basis if that is required by the written contract, written agreement or written permit. Coverage under this provision is limited to the minimum limits of liability stipulated in that written contract, written agreement ar written permit or the amount of loss not to exceed the Limit of Liability shown in the Declarations, whichever is less C EMPLOYEES AS INSUREDS The following is added to A. Coverage, paragraph 1. Who Is An Insured. f. Any °employee" of yours is an `insured" while using a covered "auto.' you don't own. hire or borrow in your business or your personal affairs. D. FELLOW EMPLOYEE COVERAGE B. Exclusions, paragraph 5. Fellow Employee is deleted and replaced with the following: "Bodily Injury' to: a. Any fellow °employee" of the Insured" arising out of and In the course of the fellow employee's" employment or while performing duties related to the conduct of your business; or b. The spouse, child, parent, brother or sister of that fellow'•emplayee as a consequence of Paragraph a. above. SCA 01 002 1013 Includes copyrighted material of Insurance Services Office, Inc, with its • Page 1 of 4 265 of 647 SompoJapan Nipponkoa America However, we will cover "bodily injury'caused by your "employee" to his or her fellow `employee" if the "bodily injury' results from the use of a covered ''auto" you own cx hire. 2. ADDITIONAL SUPPLEMENTARY PAYMENTS Section I1 COVERED AUTOS LIABILITY COVERAGE, A. Coverage, paragraph 2.e. Coverage Extensions, Supplementary Payments, items (2) and (4) are deleted and replaced by the following: (2) Up to $50130 for the cost of ball bonds (including bonds for related traffic law violations) required because of an accident' we cover. We do not have to furnish they bards. (4) All reasonable expenses incurred by the "insured' at our request, inciuding actual loss of earnings up to $500 a day because of time off from work. 3. KNOWLEDGE AND NOTICE OF OCCURRENCE Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 2. Duties In The Event Of Accident, Claim, Suit Or Loss, item a is deleted and replaced by the following and item d. is added. a In the event of an "accident", claim, "suit" ar loss" you must give us or our authorized representative prompt notice of the `accident" or loss" when the "aoddent", loam, „suit" or "foss" is known to. (1) You. if you are an individual; (2) A partner, If you are a partnership or joint venture: (3) An "executive officer" or director if you are a corporation; (4) A member, If you are a limited liability company; (5) A trustee if you are a tnast; or (6) An "employee designated by you to give us such a notice. This notice should include' (1) Flow, when and where the "accident" or "loss' occurred; (2) The "nsured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. d. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an "accident", claim, "suit" or "loss`, sdely due to your reasonable and documented belief that the 'bodily Injury" ar `property damage" is not covered under this policy. 4. WAIVER OF SUBROGATION The following is added to Section IV - BUSINESS AUTO CONDITIONS, A. Loss Conditions, paragraph 5. Transfer of Rights of Recovery Against Other To Us: SCA 01 002 1013 Includes capyii -ited material of Insurance FervlcesOffice, Inc.Inc. vilth Its narrisistainn Page 2 of 4 266 of 647 Sompo Japan Nipponkoa America If the insured has waived those rights prior to the "accident" or `loss". our rights are waived also. 5. UNiNTENTiONAL ERRORS AND OMISSIONS The following is added to Section IV - BUSINESS AUTO CONDITIONS, B General Conditions, paragraph 2. Concealment, Misrepresentation Or Fraud: We will not disclaim coverage under this Coverage Part if you fail to disclose all hazards existing as of the inception date of the policy, provided such failure is riot intentional. However, we reserve the right to charge additional premium for any such hazard. 6. BROADENED PHYSICAL DAMAGE COVERAGE Under Section I11 — PHYSICAL DAMAGE COVERAGE, the following changes are made: A. WAIVER OF DEDUCTIBLE —GLASS REPAIR The following is added to D. Deductible: No deductible for a covered "auto' will apply to glass damage if the glass is repaired rather than replaced B. ADDI11ONALTRANSPORTATION EXPENSES A. Coverage, 4. Coverage Extensions, paragraph a. Transportation Expenses is deleted and replaced by the following' We will pay up to $50 per day to a maximum of $1500 for temporary transportation expense incurred by you because of the total theft of a covered "auto'' of the private passenger type. We will pay Only for those covered 'autos' for which you carry either Comprehensive or Specified Causes Of Lass Coverage We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending. regardless of the policy's expiation, when the covered `auto" is retuned to use or we pay for its loss". C. ADDITIONAL LOSS OF USE EXPENSES A. Coverage, 4. Coverage Extensions, paragraph b. Loss Of Use Expenses is deleted and replaced by the following' For Hired Auto Physical Damage, we will pay expenses for which an `insured" becomes legally responsible to pay for loss of use of a vehicle rented or hied without a driver under a written rental contract or agreement. We will pay for loss of use expenses if caused by: (1) Other than collision only if the Declarations indicate that. Comprehensive Coverage is provided for any covered "auto'; (2) Specified Causes of Loss only lfthe Declarations indicate that Specified Causes of Loss Coverage Is provided for any covered "auto'; or (3) Collision only if the Declarations Indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for Toss of use is $65 per day, to a maximum of $1500. SCA 01 002 1013 Includes copyrighted material cif Insurance, 5ervlcesOffice, Inc, man Its norm lavinn Page 3 of 4 267 of 647 SompoJapan Nipoonkoa America D. COST TO RECOVER STOLEN AUTO The following is added to A. Coverage, 4. Coverage Extensions. We will pay reasonable and necessary expenses incurred by you to return a stolen, covered "auto" from the place where it is recovered to its usual garaging place. The most we will pay for such expenses is $1000 This Coverage &tension does not apply if your business is sefing se eking or repairing "autos". E. PERSONAL EFFECTS COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. In the event of a total theft of a covered "auto", we will pay for personal effects owned by an 'insured" and in ar on the covered '‘auto" at the time of loss. The most we will pay for such personal effects is $500 per "loss-. No deductibles apply to this Personal Effects Coverage. F. AI R BAGS —ACCIDENTAL DISCHARGE COVERAGE The following is added to B. Exclusions, paragraph 3. This exclusion does riot apply to the accidental discharge of an airbag caused by or arising from mechanical or electrical breakdown, provided the covered auto does not also incur other physical damage. The most we will pay for such `loss is $1000. This coverage is excess over any other collectible Insurance or warranty No deductibles apply to this Airbags — Accidental Discharge Coverage. G. VEHICLE VVRAP COVERAGE The following is added to A. Coverage, 4. Coverage Extensions. in the event of a total "loss" to a covered "auto' and in addition to the actual cash value of the covered `auto', we will pay up to $1000 to repair or replace vehicle wraps displayed on the "auto' at the time of "loss" The most we will pay under the Vehicle Wrap Coverage is $5000 for any one loss', regardless of the number of covered "autos' deemed a total "loss". For the purpose of this coverage, vehicle wraps are full color, graphic images printed on vinyl film and attached to an "auto' 7. ADDITIONAL DEFINITIONS The fallowing is added to Section V — DEFINITIONS: `Executive Officer means a person holding any of the officer positions created by your charter, constitution, by-laws ar any similar governing document. This endorsement forms a port of Policy Number: ACV41084Ao0 Insured: Sharp Electronics Corporation SCA 01 002 1013 Inctudes copyrighted material of Insurance 5 evicts Office, Inc. with Its narmignian Effective Date: 10f1116 Page 4of4 268 of 647 This Endorsement Changes the Policy. Please Reed 11 Carefuly. COMMERCIAL GENERAL LIABILITY ENHANCEMENT This endorsement modifies coverage proaided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART (OCCURRENCE VERSION) 9. NON -OWNED WATERCRAFT Under SECTION I —COVERAGE A., paragraph 2, Exclusions, item (2) (a) of the Aircraft, Auto or Weiercraft exclusion is replaced by the following: (2) watercraft you do not own that is. (a) Less than 75 feet long; and This pro,Asion does not apply if the insured has any other insurance for "bodily injury" or "property damage" that would also apply to this extension of coverage, or would apply except for the exhaustion of its kinks whether the other insurance Is primary, excess, contUgent or on any other basis. 2. PROPERTY DAMAGE COVERAGE EXTENSIONS A. Under SECTION f - COVERAGE A, paragraph 2. Exclusions, the Datnage To Property exclusion is replaced by the t llowing: j. Damage To Property "Property Damage' to (1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property: (2) Premises you sell, give away or abandon, if the 'property damage" arises out of any part of those premises and occurred from hazards that were known by you: or should reasonably have been known by you, at the time the property was transferred or abandoned, (3) Property loaned to you, (4) Personal property In the care. custody or control of the insured: (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the `property damage" arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed an it. Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage- (other than damage by fire) to premises including the contents of such premises, rented to you for a period of seven or fewer consecutive days A separate limit of insurance applies to Damage To Premises Rented To You as described in Section III — Limits of Insurance. Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you. SGL 02 001 0614 Includes copyrighted material of Insurance Services Office, Inc., with its permissinrt. Page 1 of 9 269 of 647 Paragraphs (3). (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraphs (3), (4) and (6) ofthis exclusion do not apply to "property damage" arising out of the use of an elevator at premises you own. rent or occupy. This insurance is excess aver any valid and collectible insurance available to any insured whether primary, excess or contingent. Paragraph (6) of this exclusion does not apply to "property damage" included in the "products -completed operations hazard" B. The following is added to the Damage to Your Product exclusion: This exclusion does not apply to `property damage to "your product" while on, being moved onto or off of an elevator; or liability amen eci under a sidetrack agreement. This insurance is excess over any other valid and collectible insurance available to any insured whether primary, excess or contingent C. Under Section I —COVERAGE A, the last paragraph after the exclusions is replaced by the following: Exclusions c. through n, do not apply to damage to premises by fire, lightning, explosion, smoke or leakage from fire protective systems while rented to you or temporarily occupied by you with permission of the owner. A separate limit of Insurance applies to this coverage as described in Section 111— Limits of Insurance, This limit will apply to all damage proximately caused by the same event, whether such damage results torn fire, lightning, explosion, smoke or leakage from fire protective systems or any combination of the five. D. Under SECTION III — LIMITS OF INSURANCE item 6. is amended as follows: 6. Subject to paragraph 5. above, the higher of: a $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations is the most we will pay under Coverage A for damages because of "property damage" to any one premises, while rented to you, or n the case of damage by fire, lightning,. explosion, smoke cr leakage from fire protective systems, while rented to you or temporarily occupied by you with permission of the owner, E. Under Section 1V — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraph b. (1) (a) (ii) under the Other Insurance condition is replaced by the following; (ii) That is Fire, Lightning Explosion, Smoke or Leakage from Fire Protective Systems insurance for premises rented to you or temporarily occupied by you with pemtission of the owner, F. Under SECTION V — DEFINITIONS, paragraph a. of the Insured Contract definition is replaced by the following: a. A contract for a lease of premises. However, that portion of the contract fora lease of premises that indemnifies any person or organization for damage by fire. lightning, explosion, smoke or leakage Than fire protective systems to premises SG L 02 001 0614 Includes copyrighted material of Insurance Services Office, hc_, with Its permission, Page 2of9 270 of 647 while rented to you or temporarily occupied by you with permission of the owner is not an 'insured contract' The overage provided under provision 2. C. through F. above does not apply If Damage To Premises Rented To You of COVERAGE A Is exuded either by the provisions of the Coverage Part or by endorsement. 3. BROAD FORM PERSONAL. AND ADVERTISING INJURY A. Under SECTION I —COVERAGE E - PERSONAL AND ADVERTISING INJURY LIABILITY, the Contractual Liability exclusion is deleted. B. Under SECTION V — DEFINITIONS, the following paragraph is added to the definition of 'personal and advertising injury": h. Vicarious liability for discrimination or humiliation (unless insurance thereof is prohibited by law) that resetts in Injury to the feeling: or reputation of a nature! person, but only if such discrimination or humilation is. (1) Not done intentionally by or at the direction of: (a) The insured, (b) Any "execut e's officer", director, stockholder, partner spouse of a partner, member spouse of a member, manager or trustee of the insured; and (2) Not related directly or indirectly to are 'employee" or to the employment, prospective employment or termination of employment of any person by an insured. Provision 3. above does not apply if COVERAGE B — PERSONAL AND ADVERTISING INJURY LIABILITY is excluded either by the provisions of the Coverage Part or by endorsement. 4. MEDICAL PAYMENTS —INCREASED LIMITS A. Under SECTION t COVERAGE C - MEDICAL PAYMENTS, item 1. a. (3) (b) Is replaced by the fallowing. (b) The expenses are incurred and reported to us within three years of the date of the accident; and B. Under SECTION III — LIMITS OF INSURANCE, paragraph 7 is replaced by the following: 7. Subject to Paragraph 5. above, the higher of: a $15,000; or b. The amount shown in the Declarations for Medical Expense Limit is the most we will pay under Coverage C for all medical expenses because of 'bodily injury" sustained by any one person. This coverage does not apply If Coverage C — Mescal Payments is excluded either by the provisions of the Coverage Part or by endorsement. 5, SUPPLEMENTARY PAYMENTS INCREASED LIMITS Under SUPPLEMENTARY PAYMENTS — COVERAGES A AND B, paragraphs 1.b. and 1.d. are replaced by the following: SGL 02 001 0614 Includes copyrighted rnaterlal M Insurance Services Office, Inc„ with Its permission, Page 3 of 9 271 of 647 b. Up to $2,500 for cost of bail bonds required because of accidents or traffic law violations arising cut of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to fumish these bonds. d. All reasonable expenses incurred by the Insured at our request to assist us in the investigation or defense of the claim ar "suit", including actual loss of earnings up to $500 a day because of time off from work. 6. BROADENED INSURED COVERAGE Under SECTION 11— WHO IS AN INSURED, the following changes are made: A. BROAD NAMED INSURED The following is added: Any legally Incorporated entity of which you own more than 50% of the voting stock is an insured However, this insurance does not apply to "bodily Injury' or' property damage" that occurred before you acquired or formed the organization or "personal and advertising injury" arising out of an offense committed before you acquired orformed the organization. Coverage for any such organization will cease as of the date during the poicy period on which you no longer maintain more than 50% of the voting stock_ This provision does not apply to any person or organization for which coverage is excluded. B. PARTNERSHIPS AND JOINT VENTURES The last paragraph of Section I1— Who Is An Insured beginning "No person or organization is an insured...," is replaced by the following' You are an insured with respect to the conduct of any current or past partnership or joint venture, but only with respect to your interest in such current or past partnership or joint venture. No other person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. This provision does not apply to any person or organization for which tloverage is excluded. C. FELLOW EMPLOYEE COVERAGE Paragraph 2.a(1)(a) is replaced by the following, (a) To you, to your partners or members fif you are a partnership or joint venture), to your members (if you are a limited liability company); This provision does not apply to any person or organization for which coverage is excluded. D. INCIDENTAL MEDICAL MALPRACTICE COVERAGE The following is added to item 2.a(1)(d): However, this exclusion does not apply to the rendering or failure to render by an "employee" of yours: SGL 02 001 0614 Includes copyrighted material of insurance Services Office, Inc., with Its permission, Page 4 of 9 272 of 647 i. Medical, paramedical, dental; x-ray or nursing service or treatment or the fumishing of food or beverages in connection therewith; or H. The furnishing or dispensing of drugs or medical or dental supplies; as long as you are not in the business or occupation of providing these services. This extension of coverage does not apply to punitive or exemplary damages, if coverage of such is permitted by statute or case law. The insurance provided by this extension of overage is excess over any other valid and collectible insurance available to the insured, 'anether primary. excess, contingent or on any other basis, except for insurance purchased specifically by you to be excess of this policy. This provision does not apply to any person or organization for which coverage is excluded E. NEWLY ACQUIRED ORGANIZATIONS Paragraph 3.a. is replaced by the following: a. Coverage under this provision is afforded until the end of the policy period, This provision does not apply to any person or organization for which coverage is excluded. F. MANAGERS OR LESSORS OF PREMISES Managers or lessors of yours are insureds but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises leased to you. This insurance does not apply to. 1. Any "occurrence'. which takes place after you cease to be a tenant in that premises, 2. Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor added by this provision. G. LESSORS OF LEASED EQUIPMENT Any person or organization from whom you lease equipment is an insured, but only: 1. When you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy; 2. Wth respect to liability for "bodily injury", "properly damage" or "personal and advertising Injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence' which takes place after the equipment lease expires. H. USERS OF WATERCRAFT Any person, who with your consent, either uses or is responsible for the use of a watercraft is an insured, but only for their liability arising out of the use or operation of that watercraft on your behalf. SGL 02 0010614 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 5 of 9 273 of 647 I. VENDORS if this policy provides Products Liability Coverage, any vendor you are required by a written contact or written agreement to name as an additional insured Is an insured, but only with respect to 'bodily injury" or 'property damage" arising out of "your products" which are distributed or sold in the regular course of the vendors business, subject to the following additional exclusions: The insurance afforded the vendor does not applyto. a. "Bodily injury' or "property damage" for which the vendor is obligated to pay damages by mason of the assumption of liability in a contract or agreement This exclusion does not applyto liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor: d Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container, e. Any failure to make such inspections, adjustments. tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution and sale of the products. f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises In connection with the sate of the products, gG Products which, after distribution or sale by you, have been labeled or re -labeled or used as a container, part or ingredient of any other thing or substance by or for the vendor or h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its "employees" or anyone else acting on its behalf. However, this exclusion does not applyto: (1) The exceptions contained in sub -paragraphs d. or : or (2) Such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business. in connection with the distribution or sale afthe products. This insurance does not apply to any insured person or organization, from whom you have acquired such prodducts, or any ingredient. part or container, entering Into, accompanying or containing such products. J. ADDITIONAL INSUREDS — CONTROLLING INTEREST Any person or organization who has financial control of you Is an insured, but only with respect to their liability arising out of their financial control of you or poises they own, maintain or control while you lease or occupy these premises This insurance does not apply to structural alterations, new construction and demolition operations performed by or for that person or organization. K. ADDITIONAL INSUREDS — BY CONTRACT, AGREEMENT OR PERMIT item 4 is added as follows: 4. Any person or organization not otherwise Identified as an Insured in this coverage or cared or excluded by endorsement attached to this coverage, that you are required by written contract, written agreement or written permit to name as an insured is an insured but only with respect to 'bodily injury", 'property damage'° Of 'personal and advertising injury" caused in whole or in part by your acts or omissions or the acts or omissions of those acting on your behalf: SGL 02 0010514 Includes copyrighted materiar of Insurance Services Oltce, Inc., with Its permission, Page 6of9 274 of 647 a. In the performance of 'your work for the addtional insured(s) at the Iocation(s) designated in the written contract, written agreement or written permit; or b. In connection with your premises owned by or rented to you. However, with respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply: (1) Unless the written contract or written agreement has been executed or the written perml has been Issued prior to the "bodily injury" "property damage" or "personal and advertising injury' (2) To 'bodily injury", 'property damage" nr "personal and advertising injury': occurring after: (a) The termination date of any requirement to add additional insureds in any such contract, agreement or permit; of (b)The end of this policy period, whichever comes first; or (3) To the rendering or failure to render any professional service. The insurance afforded such additional insureds under items 6.F through 6.K: a. Applies only to the extent permitted by law; b. If required by a written contract, written agreement or written permit, coverage provided the additional insured All not be broaderthari that which you are required by the written contract, written agreement or written permit to provide for such additional insureds; and c. Does not apply to any person or organization excluded in this coverage form or by endorsement to this coverage form. lAirith respect to the insurance afforded these additional insureds under 6.P through 6.K, the following is added to Section III— Limits of Insurance: if coverage provided to any additional insured is required by a written contract written agreement or written permrt, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required bythe contract, agreement or permit; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is Tess. This provision will not increase the applicable Limits of Insurance shown in the Declarations. 7. PRIMARY AND NON-CONTRIBUTORY — OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary and Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and SGL020010614 Includes copyrighted material of Insurance Services Office, Inc., with Its permission. Page 7 of 9 275 of 647 (2) Yuu have agreed in writing in a contract, agreement' or permit that this insurance would be primary and would not seek contribution from any other Insurance available to the additional insured. 8. KNOWLEDGE AND NOTICE OF OCCURRENCE Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, paragraphs e. and f. are added to the Dudes In The Event of Occurrence, Offense. Claim ar Suit condition as follows: e. Your rights afforded under this policy will not be prejudiced if you fail to give us notice of an 'occurrence", offense or claim, solely due to your reasonable and documented belief that the -bodily injury' , 'property damage" ar 'personal and advertising injury" is not covered under this policy. f. You must give us prompt notice of an 'occurrence", offense, claim or Toss only when the "occurrence' offense, claim or lass is known to: (1) You, if you are an individual`, (2) A partner, if you are a partnership, (3) Art 'executive officer or director. if you are a corporation, (4) A member, if you are a limited liability company; (5) A trustee, if you are a trust; or (6) An `employee designated by you to give us such a notice. 9. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Under SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to the Representations condition: We will not disclaim coverage under this Coverage Part if you fail to disclose al hazards existing as of the inception date of the policy, provided such failure is not intentional, However, we reserve the right to charge additional premium for any such hazard. 10. WAIVER OF SUBROGATION Under SECTION IV —COMMERCIAL GENERAL LIABILITY CONDITIONS, the following is added to the Transfer of Rights of Recovery Against Others To Us condition: If the insured has waived those rights in a written contract, written agreement or written permit executed before loss, our rights are waived also. 11. BODILY INJURY REDEFINED Under SECTION V — DERNITIONS, the definition of 'bodily injury' is replaced by the following: 2. "Bodily injury" means bodily injury, disability, mental anguish, mental injury, shock, fright, humiliation, sickness or disease sustained by a person, including death resulting from any of these at any time. 12. MOBILE EQUIPMENT REDEFINED Under SECTION V — DEFINITIONS, paragraph f. of the definition of `mobile equipment" is replaced by the following: SGL 02 001 0614 Includes copyrighted material of Insurance Services office, Inc,, with Its permission. Page 8 of 9 276 of 647 f. Vehicles not described in a, b., c. or d. above maintained primarily for purposes other than the transportation of persons or cargo. However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos", unless weighing less than 10,000 pounds gross vehicle weight and designed for use off public roads: (1) Equipment designed primarily for: (a) Snow removal: (b) Road maintenance, but not construction or resurfacing: or (0) Street cleaning, (2) Cherry pickers and similar devices mourned an automobile or truck chassis and used to raise or lower workers, and (3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment. However, "mobile equipment" does not include any land vehicles that are subject to a compulsory or financial responsibility Iaw or other motor vehicle insurance law where Et is licensed or principally garaged. Land vehicles subject to a compulsory orfinandal responsibility law or other motor vehicle insurance Iaw are considered "autos". 13. LIBERALIZATION If we adopt a change in our forms or rules that would broaden the coverage of this policy without additional premium the broader coverage will apply to this policy when the change becomes effective in your state This endorsement funny a part of Policy Number: GDL4X102C0 Insured! Sharp Electronics Corporation SGL 02 001 0614 includes copyrighted material of Insurance Services Office, Inc., wth Its permission, Effective Data: 1117l2017 Page 9 of 9 277 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 278 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the establishment of fund appropriations for $446,850 and a corresponding revenue budget for the Housing -Related Parks Program Standard Grant Agreement No.16-HRPP-11466 to fund furthe 278 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO, ITEM TITLE: Resolution of the City Council of the City of National City authorizing the establishment of fund appropriations for $446,850 and a corresponding revenue budget for the Housing -Related Parks Program Standard Grant Agreement No.16-HRPP-11466 to fund further development of Paradise Creek Educational Park. PREPARED BY: Carlos Aguirre, Acting Director of Housing & Economic Development DEPARTMENT: ing 4d Econ. Dev. PHONE: 619-336-4391 APPROVED,. EXPLANATION: The City of National City applied for the 2016 Housing -Related Parks Program Grant ("Grant") through the State of California Housing and Community Development Department on February 15, 2017 and was awarded $446,850 to fund further development of Paradise Creek Educational Park. Attached is the executed Standard Agreement for the Grant. FINANCIAL STATEMENT: APPROVED: `—f/G�Finance ACCOUNT NO. Exp. Acct. #296-409-500-598-1599 APPROVED: MIS HRPP Housing Grant Revenue Account #296-06599-3463 for $446,850. No matching funds are required from the City for the Grant. ENVIRONMENTAL REVIEW: n/a ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: n/a ATTACHMENTS: 1. Standard Grant Agreement 2. Resolution 279 of 647 Attachment No. 1 La PRINTED NAME AND TITLE OF PERSON SIGNING Leslie Deese, City Manager ADDRESS 1243 National City Blvd., National City, CA 91950 Upon HCD Approval through 09/30/2019 5446,850.00 STATE OF CALIFORNIA STANDARD AGREEMENT STD 213 (Rev 06/03) I. This Agreement is entered into between the State Agency and the Contractor named below: STATE AGENCY'S NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME City of National City 2. The tern of this Agreement is: 3. The maximum amount of this Agreement is: 4. The parties agree to comply with the terms and conditions of the following exhibits which are by this reference made a part of the Agreement, AGREEMENT NUMBER 16-HRPP-11466 REGISTRATION NUMBER Exhibit A - Authority, Purpose and Scope of Work 2 Exhibit B - Budget Detail and Payment Provisions 2 Exhibit C - State of California General Terms and Conditions' GTC - 04/2017 Exhibit D - HRPP Terms and Conditions 2 Exhibit E - Special Terms and Conditions 0 Exhibit F - Additional Provisions 0 TOTAL NUMBER OF PAGES ATTACHED 6 pages Items shown with an Asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. The GTC 04/2017 documents can be viewed at http://www.dgs.ea.gov/olsfResources/StandardContractLanguage.aspx. IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto. CONTRACTOR CONTRACTOR'S NAME (if other than an individual, state whether a corporation, partnership,etc) City of National City BY (Authorized Signature DATE SIGNED (Do not type) li• 1• )'- STATE OF CALIFORNIA AGENCY NAME Department of Housing and Community Development BY ,4uthorized Signature) - DATE SIGNED (Do not type) Ili la/ /1 TITLE OF PERSON SIGNING Synthia Rhlnehart, Contracts Manager, Business & Contract Services Branch ADDRESS 2020 W. El Camino Ave., Sacramento, CA 95833 California Department or General Service Use Only MOMl6 2817 X Exempt per: SCM 4.04.A.3 (DGS Memo dated 6/12/81) 280 of 647 Attachment No. 1 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK Housing -Related Parks (HRP) Program Grant 1. Authority City of National City 16-HRPP-11466 Page 1 of 2 Pursuant to Chapter 8 of Part 2 of Division 31 of the California Health and Safety Code commencing with Section 50700, as added by Section 1 of Chapter 641 of the Statutes of 2008, the State of California Department of Housing and Community Development (herein referred to as the "State" or the "Department") has established the Housing -Related Parks (HRP) Program (the "Program"). This Standard Agreement (the "Agreement") is entered into under the authority of, and in furtherance of the purposes of, the Program as set forth in Health and Safety Code Section 50701. Pursuant to Health and Safety Code Sections 50702 and 50704.5, the State has issued a Notice of Funding Availability, dated November 16, 2016 (NOFA) and Program guidelines dated November 2016 (the "Guidelines") governing the Program. 2. Purpose In accordance with the authority cited above, the Contractor has applied to the State for financial assistance (the "Application") in the form of a grant from the Program (the "Grant"). The State has agreed to make the Grant, as a financial incentive based on the issuance of housing starts, for housing units affordable to very low- and low-income households by the Contractor pursuant to the terms of the NOFA, the Guidelines and this Agreement. Based on the representations made by the Contractor in its Application, which is hereby incorporated as if set forth in full, the State shall provide a Grant in the amount shown below for the purpose of paying for capital improvement(s) related to the acquisition, rehabilitation, or construction of a Park and Recreation Facility. The State and the Contractor have agreed to enter into this Agreement in accordance with the terms and conditions herein, subject to all the provisions of the applicable statutes, the NOFA, the Guidelines and further subject to the State laws and requirements governing State contracts. Capitalized terms herein shall have the meaning of the definitions set forth in the Guidelines. 3. Scope of Work Development of Paradise Creek Educational Park HRP Program Grant — Round 6 NOFA Date: 11/16/16 Approved Date: 07/12/17 Prep Date: 08/29/17 281 of 647 Attachment No. 1 EXHIBIT A 4. Grant Timelines City of National City 16-HRPP-11466 Page 2 of 2 No work performed prior to the effective date of this Agreement or after June 30, 2019, shall be funded. The effective date of this Agreement is the date it is executed by the State, after execution by the Contractor. All funds must be requested from the Department no later than April 30, 2019. For the purpose of this Agreement, no funds may be expended after June 30, 2019. It is the responsibility of the Contractor to monitor the project and timeliness of draws within the specified dates. 5. Grant Amount The total amount of this Grant is $446,850.00. HRP Program Grant — Round 6 NOFA Date: 11/16/16 Approved Date: 07/12/17 Prep Date: 08/29/17 282 of 647 Attachment No. 1 City of National City 16-HRPP-11466 Page 1 of 2 EXHIBIT B 'BUDGET DETAIL AND PAYMENT PROVISIONS HRP Program Grant 1. Allowable Uses of Grant Funds A. Grant funds shall only be used for projects approved by the State that involve the construction, rehabilitation, and/or acquisition of capital assets as defined by the California Government Code, Section 16727(a) that benefit the community within the Contractor's jurisdiction and as further set out in Section 108 of the Guidelines. Capital assets include tangible physical property with an expected useful life of fifteen (15) years or more, equipment with an expected useful life of two (2) years or more, or major maintenance, reconstruction, or demolition for purposes of reconstruction and/or retrofitting work. B. Incidental expenses shall not be paid by Grant funds unless they are directly related to the construction or acquisition of an eligible capital asset. Such expenses include costs associated with planning, engineering, construction management, environmental impact reports, appraisals, site acquisitions, or necessary easements. C. Grant funds shall not be expended for the administrative costs of persons directly employed by the Contractor or for other "soft" costs that are not directly related to the construction, rehabilitation or acquisition of capital assets. 2. Performance Contractor shall take such actions, pay such expenses and do all things necessary to complete the Work specified in Exhibit A in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. 3. Fiscal Administration A. Term: The effective date of this Agreement is the date upon which it is executed by the State (the date stamped in the lower right portion of the Standard Agreement (Std. 213) through September 30, 2019. All funds must be requested by the Contractor by April 30, 2019 and expended by June 30, 2019. This Agreement shall terminate September 30, 2019. B. The Contractor shall make any and all request(s) for disbursement no earlier than ninety (90) days from the anticipated need for the funds, using the forms provided by the State. The forms will be made available at http://www.hcd.ca.gov/grants-funding/active-no- funding/hrpp.shtml. The Contractor shall expend the funds within 90 days from the date of receipt from the State, or by June 30, 2019, whichever occurs earlier and subsequent supporting documentation shall be submitted to the Department. C. Failure to expend contract funds in a timely manner may affect future funding. HRP Program Grant — Round 6 NOFA Date: 11/16/16 Approved Date: 07/12/17 Prcn 1-1,n+e• nnnom7 283 of 647 Attachment No. 1 City of National City 16-HRPP-11466 Page 2 of 2 EXHIBIT B D. A separate checking account for the Grant funds is not required. However, the Contractor shall deposit Grant funds in an interest bearing checking or savings account, or the State may require the Contractor to deposit all Grant funds into a segregated account in an institution whose deposits are insured by the federal or state government. All interest earned from the deposit of Grant funds shall be used for allowable, Program purposes and accounted for to the State. All funds not expended within 90 days of receipt, or by June 30, 2019, as applicable, shall be returned to the State with accrued interest. E. The Contractor shall make a good faith effort to minimize the number of disbursement requests to the State by anticipating and requesting in advance the maximum amount of funds that can be expended within the (ninety) 90 day time frame. F The Contractor shall inform the State within a reasonable amount of time in the event that expenditures related to an authorized project(s) are less than the total Grant award. The Contractor may expend the balance of Grant funds on additional capital assets projects, upon written State approval. Contractor shall provide the State with a letter of request that describes the additional project(s) to be funded. G. The Contractor shall immediately inform the State, no later than December 31, 2018, if the Contractor anticipates it will not be able to expend all Grant funds by June 30, 2019. H. The Contractor is responsible for maintaining records which fully disclose the activities funded by the Grant. Adequate documentation of each transaction shall be maintained to permit the determination, through an audit if requested by the State, of the accuracy of the records and the allowability of expenditures charged to Grant funds. If the allowability of expenditure cannot be determined because records or documentation are inadequate, the expenditure may be disallowed, and the State shall determine the reimbursement method for the amount disallowed. The State's determination of the allowability of any expense shall be final, absent fraud, mistake or arbitrariness. Any Grant funds remaining unexpended as of June 30, 2019 must be returned to the State with accrued interest. Checks shall be made payable to the Department of Housing and Community Development and shall be mailed to the Department at the address below, no later than July 31, 2019. Department of Housing and Community Development Accounting Division 2020 W. El Camino Ave. Sacramento, California 95833 HRP Program Grant — Round 6 NOFA Date: 11/16/16 Approved Date: 07/12/17 ^--- 1'l _._. nn ,.,n fA> 284 of 647 Attachment No. 1 EXHIBIT D IHRPP TERMS AND CONDITIONS HRP Program Grant 1. Report Requirements City of National City 16-HRPP-11466 Page 1 of 2 During the term of this Agreement, the Contractor shall submit the following reports by the deadlines specified, or as otherwise required at the discretion of the State: A. The Contractor shall submit annual reports to the State thirty (30) days after December 31st of each year ("Annual Report"), during the term of this Agreement for as long as the Contractor has not expended all Grant funds. The Annual Report shall contain (1) the progress the Contractor has made in completing the approved projects partially or wholly funded by the Grant, including a description of the community benefit; (2) the amount of Grant funds drawn down and expended to date by the Contractor; and (3) a description of projects completed. The Contractor shall use the forms provided by the State made available at http://www.hcd.ca.govlarants-fundinq/active-no-fundinct/hrpn.shtml and, B. Upon complete expenditure of the Grant funds, the Contractor shall submit a final report in a manner satisfactory to the State ("Final Report"). The Final Report shall be submitted to the State within 60 days of June 30, 2019, the date all funds must be expended. The Final Report shall contain (1) a description of the final capital assets constructed or purchased with the Grant funds; and, (2) the number of certificates of occupancy issued in relation to the number of building permits issued in the program year. The Contractor shall use the forms provided by th6 State made available at http://www.hcd.ca.govigrants- fundinq/active-no-fundinq/hrpp.shtml. 2. State Contract Coordinator The state contract coordinator of this Agreement for the Department is the HRP Program Manager, Division of Housing Policy Development, or the Manager's designee ("State Contract Coordinator"). Unless otherwise informed, any notice, report, or other communication required by this Agreement shall be mailed first class to the State Contract Coordinator at the following address: Department of Housing and Community Development Division of Housing Policy Development 2020 W. El Camino Avenue Sacramento, California 95833 Attention: HRP Program Manager HRP Program Grant — Round 6 NOFA Date: 11/16/16 Approved Date: 07/12/17 285 of 647 Attachment No. 1 City of National City 16-HRPP-11466 Page 2 of 2 EXHIBIT D 3. Audit/Retention and Inspection of Records Contractor agrees that the Department or its delegatee will have the right to review, obtain, and copy all records pertaining to performance of this Agreement. Contractor agrees to provide the Department or its delegatee with any relevant information requested and shall permit the Department or its delegatee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with the California Public Contract Code Section 10115 et seq., the California Government Code Section 8546.7 and Title 2, California Code of Regulations, Section 1896.60 et seq. Contractor further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. Contractor shall comply with the caveats and be aware of the penalties for violations of fraud and for obstruction of investigation as set forth in the California Public Contract Code Section 10115.10. 4. Special Conditions The State reserves the right to add any special conditions to this Agreement it deems necessary to assure that the policy and goals of the Program are achieved. 5. Prevailinp Wages A. Where funds provided through this Agreement are used for construction work, or in support of construction work, Contractor shall ensure that the requirements of Chapter 1 (commencing with Section 1720) of Part 7 of the California Labor Code (pertaining to the payment of prevailing wages and administered by the Califomia Department of Industrial Relations) are met. B. For the purpose of this requirement "construction work" includes, but is not limited to rehabilitation, alternation, demolition, installation or repair done under contract and paid for, in whole or in part, through this Agreement. All construction work shall be done through the use of a written contract, with the properly licensed building contractor incorporating these requirements (the "construction contractor"). Where the construction contract will be between the Contractor and a licensed building contractor the Contractor shall serve as the "awarding body" as that term is defined in the California Labor Code. Where the Contractor will provide funds to a third party that will enter into the construction contract with a licensed building contractor, the third party shall serve as the "awarding body". Prior to any disbursement of funds, including but not limited to release of any final retention payment, the State may require a certification from the awarding body that prevailing wages have been or will be paid. HRP Program Grant — Round 6 NOFA Date: 11/16/16 Approved Date: 07112/17 286 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 287 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19. (Planning) 287 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 ITEM TITLE: Resolution of the City Council of the City of National City initiating proceedings for the levy and collection of assessments for Landscape Maintenance District No. 1 (ivMile of Cars) for Fiscal Year 2018/19 PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: Plan PHONE: 036-4421 APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would initiate proceedings for the District for Fiscal Year 2018/19. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget based on the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $147,814.54 is an increase of $6,320.11 or 4.40 percent above the prior year total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. AGENDA ITEM NO. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: r 1 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution to initiate proceedings. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 288 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 289 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19. (Planning) 289 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO, I ITEM TITLE: ;Resolution of the City Council of the City of National City approving the Annual Report for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19.' PREPARED BY: Raymond Pe, Principal Planner otaDEPARTMENT: Pia PHONE: ;336-4421 I APPROVED BY: EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would approve the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $147,814.54 is an increase of $6,320.11 or 4.40 percent above the prior year total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act since it is not a project as defined in the California Code of Reguiations, Section 15378. ORDINANCE: INTRODUCTION: I FINAL ADOPTION: r STAFF RECOMMENDATION: Adopt the resolution approving the Annual Report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS? 1. Resolution. 2. Fiscal Year 2018/19 Engineer's Report. 290 of 647 CALIFORNIA CITY OF NATIONAL CITY Landscape Maintenance District No. 1 (Mile of Cars) Fiscal Year 2018/19 Engineer's Report May 2018 OFFICE LOCATIONS: Temecula — Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 San Francisco — Regional Office 870 Market Street, Suite 1223 San Francisco, CA 94102 California Satellite Offices Atascadero, Davis, Huntington Beach, Joshua Tree, Riverside, Sacramento, San Jose Prepared by: T4ATIONAL CITY' NBShelping communities fund tomOrrOw www.nbsgov.com 291 of 647 CITY OF NATIONAL CITY LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) 1243 National City Boulevard National City, CA 91950 Phone - (619) 336-4241 Fax - (619) 336-4239 CITY COUNCIL Ron Morrison, Mayor Albert Mendivil, Vice Mayor Jerry Cano, Councilmember Mona Rios, Councilmember Alejandra Sotelo-Solis, Councilmember CITY STAFF Leslie Deese, City Manager Brad Raulston, Deputy City Manager Raymond Pe, Principal Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director NBS Pablo Perez, Project Director John Egan, Assessment Engineer Manuel R. Kauss, Financial & GIS Analyst 292 of 647 TABLE OF CONTENTS 1. Engineer's Letter 1 2. Overview 2 2.1 Introduction 2 2.2 Description of the District Boundaries 2 2.3 Description of Improvements 2 2.4 Description of Maintenance 3 3. Estimate of Costs 4 3.1 District Budget 4 3.2 Reserves 5 4. Assessment Diagram 6 5. Assessments 7 5.1 Method of Apportionment 7 5.2 Maximum Annual Assessment Rates 11 5.3 Assessment Roll 12 293 of 647 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed NBS to prepare and file a report presenting plans and specifications describing the general nature, location and extent of the improvements to be maintained, an estimate of the costs of the maintenance, operations and servicing of the improvements for the City's Landscape Maintenance District No. 1 (Mile of Cars) (the "District") for Fiscal Year 2018/19. The report includes a diagram for the District, showing the area and properties proposed to be assessed, an assessment of the estimated costs of the maintenance, operations and servicing the improvements, and the net amount upon all assessable lots and/or parcels within the District in proportion to the special benefit received and; WHEREAS, the assessment for each parcel is in compliance with the Proposition 218 Omnibus Implementation Act and Section 4 of Article XIII D of the California Constitution. The proposed assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2017/18 maximum assessment. NOW THEREFORE, only special benefits are assessed and any general benefits have been separated from the special benefits for purposes of this report. The following assessment is made to cover the portion of the estimated costs of maintenance, operation and servicing of said improvements to be paid by the assessable real property within the District in proportion to the special benefit received: Summary of Assessment Fiscal Year 2018/19 Amounts Annual Budget $161,355.40 (Less) General Benefit Contribution by City (13,540.67) (Less) Rounding Adjustment(1) (0.21) Annual Assessment $147,814.54 (1) Adjustment made to select parcels since amounts placed on the tax roll must be rounded down to even cents. I, the undersigned, respectfully submit the enclosed Engineer's Report and, to the best of my knowledge, information and belief, the assessments herein have been prepared and computed in accordance with the assessment methodology adopted and approved by the City Council at the time of district formation. John Egan ssessment Engineer (96414/1.1& , NBS City of National City =�, Landscape Maintenance District No. 1 (Mile of Cars) No. 14853 CIVIL 44 * CAO 294 of 647 2. OVERVIEW 2.1 Introduction The City formed the District to provide maintenance services to benefit certain parcels in the City. The District was formed in 1995 and the levies are made pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highway Code (the "Act"). The City designated the Mile of Cars Association as the entity that maintains and administers the improvements and services funded by the District. The Engineer's Report (the "Report") describes the District and the annual assessment per parcel for Fiscal Year 2018/19, which is based on the historical and estimated costs to maintain the improvements and provide the services that benefit parcels within the District. The word "parcel," for the purposes of this Report, refers to an individual property assigned its own Assessor's Parcel Number by the San Diego County Assessor's Office. The San Diego County Auditor - Controller uses Assessor's Parcel Numbers and specific Fund Numbers to identify on the tax roll, properties assessed for special district benefit assessments. Following consideration of public comments at a noticed public hearing, and following review of the Report, the City Council may confirm the Report as submitted, and may order the levy and collection of assessments for Fiscal Year 2018/19. If approved, the assessment information shall be submitted to the County Auditor -Controller, and included on the property tax roll for each benefiting parcel for Fiscal Year 2018/19. 2.2 Description of the District Boundaries The District's improvements are generally located along National City Boulevard and bounded by 18th Street to the north and 33rd Street and State Route 54 (SR 54) to the south. 2.3 Description of Improvements A general description of the improvements to be maintained under these proceedings is described as follows, but, shall not be limited to: 1. Median Improvements Landscape planting and irrigation Colored concrete hardscape Lighting system Graphic panels, banners and signage Painted crosswalks Identification sign at 23rd Street and McKinley Avenue NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 2 295 of 647 2. Frontage Improvements Improvements to parkways on both sides of National City Boulevard between 18th Street and 33rd Street Landscape planting and irrigation Colored concrete sidewalks and mow curbs Street furniture 2.4 Description of Maintenance The maintenance of the improvements shall include the furnishing of services and materials for the ordinary and usual maintenance and servicing of the improvements, including but shall not be limited to: 1. General Plant Maintenance Mowing, trimming, pruning and weeding Watering, including water usage Fertilizing Plant replacement Periodic skinning of palm trees 2. Maintenance of Irrigation System Adjustment of timers Repair/replacement of worn-out, stolen or malfunctioning equipment 3. Periodic restriping of decorative crosswalks 4. Periodic repainting of metal benches and trash receptacles 5. Periodic repainting and repair of light poles, graphic panels, signage and other miscellaneous equipment 6. Maintenance of electrical system Bulb replacement Repair/replacement of worn out or malfunctioning equipment Electrical energy charges 7. Litter removal 8. Trash pick-up 9. Other repairs of damage caused by vandalism and/or traffic accidents NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 3 296 of 647 3. ESTIMATE OF COSTS 3.1 District Budget The cost of servicing, maintaining, repairing and replacing the improvements as described in the Description of Maintenance are summarized in the table below. Estimated expenditures are shown along with the incidental expenses to be funded by the District. The following table summarizes the components that make up the Fiscal Year 2018/19 estimate of costs for the District: Description Median Frontage Improvements Improvements Total Maintenance Costs 1. Lawn planting care 2. Median planting care 3. Palm tree maintenance 4. Water usage 5. Refurbishment of graphic panels 6. General maintenance of electrical system/lights 7. Electrical usage 8. Refurbishment of decorative crosswalks 9. Reserves Total Cost of Annual Maintenance: Incidental Expenses A. Administration B. Other contractual obligations(1) C. Engineering D City expenses E. Consultant fees F. County collection fees Total Incidentals: Total Estimated Annual Cost: (Less) General Benefit Contribution(2): $0.00 $42,678.29 21,863.06 0.00 4,095.00 4,095.00 13,836.67 13,836.67 20,000.00 0.00 3,046.11 0.00 15,000.00 0.00 250.00 250.00 250.00 250.00 $78,340.84 $61,109.96 $3,000.00 $3,000.00 4,950.00 4,950.00 0.00 0.00 2,750.00 2,750.00 250.00 250.00 2.30 2.30 $10,952.30 $10,952.30 $89,293.14 $72,062.26 ($7,606.88) ($5,933.77) $42,678.29 21,863.06 8,190.00 27,673.34 20,000.00 3,046.11 15,000.00 500.00 500.00 $139,450.80 $6,000.00 9,900.00 0.00 5,500.00 500.00 4.60 $21,904.60 $161,355.40 ($13,540.65) TOTAL ANNUAL ASSESSMENT(3): $81,686.26 $66,128.49 $147,814.75 (1) Includes legal, accounting and advertising. (2) General benefit contribution will be funded from other sources and is not being paid from annual assessments. (3) Does not include installment rounding of $0.21. NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 4 297 of 647 3.2 Reserves The City may establish and collect reserve funds for the District in order to pay for the maintenance and servicing of the improvements prior to December 10 of the fiscal year, or whenever the City expects to receive its apportionment of special assessments and tax collections from the County, whichever is later. The fund may be allowed to accumulate in anticipation of any unforeseen expenses not included in the yearly maintenance costs. The following table details the current and projected reserve balances: Reserve Balance 12/31/2017 Reserve Collection/Reduction FY 2018/19 Reserve 6/30/2019 Projection $144,801.00 $500.00 $145,301.00 NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 5 298 of 647 4. ASSESSMENT DIAGRAM The Assessment Diagram sets forth (a) the exterior boundaries of the District and (b) the lines of each lot or parcel of land within the District. The Assessment Diagram further identifies each lot or parcel by a distinctive number or letter. For a detailed description of the lines and dimensions of any lot or parcel, reference is made to the County Assessor's Map applicable for the next fiscal year, which map shall govern for all details concerning the lines and dimensions of such lots or parcels. The following pages provide a copy of the Amended Assessment Diagram for the District. NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 6 299 of 647 FILED IN THE OFFICE OF THE cITY CLERK OF THE CITY OF NATIONAL CITY R AS DAY of 1990_ CITY CLERK CITY or NATIONAL Q7Y STATE OF CALIFORNIA RECORDED tN THE OFFICE CF THE SUPFRMITENDENT OF STREETS OF IRE CITY OF NATIONAL CITY THIS DAY OF , t996. SUPERINTENDENT OF STREETS CITY OF NATIONAL aTY STATE OF CALIFORNIA AN ASSESSMENT WAS LET'IET/ 0Y THE CITY COUNCIL ON 11$ LOTS. PIECES. AND PARCELS OF LAND SHOWN ON Ws ASSESSMENT DIAGRAM. 5A10 ASSESSMENT WAS LEVIED 0T1 THE DAY OF 1990: SAID ASSESSMENT DfAGRAM AND TIE ASSESSMENT ROLL WERE RECDROED IN THE OFFICE OF THE SUPERINTENDENT OF STREETS OF SAOIO CITY OH 104E DAY OF 1996. REFERENCE IS MADE TO THE ASSESSMENT ROLL RECORDED N THE OFFICE OF THE SUPERINTENDENT OF STREETS FOR THE EXACT AMOUNT OF EACH ASSESSMENT LEVIED AGAINST EACH PARCEL OF LAND SHOWN oN THR ASSESSIENT DIAGRAM. CITY 511211 CITY OF NATIONAL CITY STATE OF CALIFORNIA FILED THIS DAY OF 1996, AT THE HOUR OF O'CLOCK _.M. 1N BOOK __Of MAPS OF ASSESSMENT AND COMMUNITY FACILITIES DISTRICTS IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY Of SAN DIEGO, CAL0FORNIA. COUNTY RECEROER COUNTY OF SAN DIEGO STATE OF CALIFORNIA AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO.1(MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFOFINIA 2D1 560-20]-01 560-20N-0O EXTERIOR DOUIIOARY CF DISTRICT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISE) 5-26-04 ta0 0 100 200 000 400 SHEET 1 OF 3 SHEETS 190' 560-303—Dl N ONCOU OF EACH PARCEL IS BASED SHOWN CURRENT COUNTY ASSESSOR'S FOOT. MAPS ER SHOWN PARCEL TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY DIMENSIONS NOT SHOWN. NASLAND ENGINEERING 540 9. 6N mamma . lt7REGY1RG • LA00 PIARmHG 4010 RORner llreel. 5** Olye, C.Rfeenle, PJ.III • 010-2*g—'ln0 300 of 647 NOTE: ORIGINAL SHEET SIZE 18" x 26' N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALIFORNIA l"J 560-330-03 591' NATIONAL BOULEVARD 562-021-01 100' 502-021-07 160' 562-340-fig TRANSPORTATION AVENUE 502-031-1 t Ida' 362-031-as 110' W2-349-70 100 I 1 1 562-090-06 270' Di NATIONAL 1e+ 562-340-47 EXTER10R 50VN0A6 Of 1:110TH1GT REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 0 100 200 } sou SHEET 2 OF 3 SI1L± 562-100-44 lay 562--100-13 135• BOULEVARD 436' 562--340-48 \J 400 1HL iial/ACE OF EA7I Pf61� IS HASP) 1JPON MpRRRENT EOON TO THE YNEARESTF001. APREFEROSWIM TO 615ESSOAS PARER HAPS 60R PROaERT? 041E1119045 HOT SM0'MN. NASLAND ENGINEERING CISO. E21011166Rmo0 • 0ORFCT05 • 1.4140 KLANRINO 1740 IMR1ur Street, inn INe=e. Cn6lernie. 92111 • 610-222-7770 TE: ORIGINAL SHEET 301 of 647 SIZE 19" x 266" N.E. JOB No. 105-148 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. i (MILE OF CARS) CITY OF NATIONAL CITY 562-160-07 300' 562-190-32 562-190-33 92' 127 300, 562-340-09 209' 562-150-13 TI%ANS?OETATICN AVENUE 562-251-32 26 COUNTY OF SAN DIEGO STATE OF CALIFORNIA 562-25r-36 16T NATIONAL CITY i3oULEVARD 230 562-220-13 1 562-252-15 330' EXTERIOR 80UNDARv OF DISTRICT 562-321=07 152` 249' 562-330-35 N ONTACE OF E601 PARCEL 13 0.452E0 UPON CURRENT COUNTY AS5ES509.5 iIAPS AND VOW M MST m O s OT s D11*4 5 100 100 700 700 400 3 SHtt i 3 OF 3 SHEETS REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 NASLAND ENGINEERING Mil. ENGINEERING - 9L01tLYING - LAND PLINRIOG 1740 Rolfe.' 9b.et. Sae Clow, California. P2)11 • e10-Zo2-*+m 302 of 647 NOTE ORIGINAL SHEET SIZE 18' x 26' N.E. JOB No. 105-f48 5. ASSESSMENTS The actual assessments for Fiscal Year 2018/19, apportioned to each parcel as shown on the latest equalized roll at the County Assessor's office, are listed and submitted at the end of this section. The description of each lot or parcel is part of the records of the County Assessor of the County of San Diego and such records are, by reference, made part of this Report. 5.1 Method of Apportionment The law requires and the statutes provide that assessments, as levied pursuant to the provisions of the Act, must be based on the benefit that the properties receive from the improvements to be maintained. The statute does not specify the method or formula that should be used in any special assessment district proceedings. The responsibility rests with the Assessment Engineer, who is appointed for the purpose of making an analysis of the facts and determining the correct apportionment of the assessment obligation. 5.1.1 Identify the Benefit First, it is necessary to identify the benefit that the improvements to be maintained will render to the properties within the boundaries of the District. The improvements significantly improve the visual appearance of the streetscape, making the Mile of Cars a more enjoyable and desirable location for customers. The special signage and lighting provide a unifying theme, benefiting all of the properties within the District. The District's improvements and services provide benefits to both those properties within the District boundaries and to the community. The benefit conferred to property within the District will be referred to as an "aesthetic benefit." The aesthetic benefit provided by the district improvements and services are supported by the City's General Plan (the "Plan") and the Citywide Goals and Policies regarding Land Use and Community Character for its districts. The Plan states a desire to, "have the community character integrated and to ensure that physical forms, patterns, and aesthetic features advance the City's desire for a higher quality of life." The aesthetic benefits provided by the improvements and services support the following City policies outlined in the Plan: Policy LU-5.3: Recognize the diverse needs of the City's business districts through the development of policies, design guidelines, and implementation measures specific to the unique requirements of each district. Policy LU-5.4: Allow for adaptive reuse of vacant car dealerships and the establishment of new compatible uses along the Mile of Cars. Policy LU-5.9: Encourage members of the business community to participate in implementing actions to improve business districts. Policy LU-5.10: Assist the business community in evaluating National City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. Policy LU-9.1: Design developments along mixed -use and "community corridors" for the comfort and enjoyment of pedestrians and bicyclists. This includes features such as street trees, placing buildings close to the street, de-emphasizing parking lots and garages, limited driveway cuts, N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 7 303 of 647 traffic -calming features, clearly defined street crossings, adequate lighting, and street furnishings where appropriate. Policy LU-9.4: Encourage an overall high quality streetscape design, where feasible, that promotes narrow roadways, bike lanes; on -street parking, minimal curb cuts; enhanced crosswalks; appropriate sidewalk widths, landscaped medians and parkways; street trees, planters, and wells; street lighting; street furniture; way finding; enhanced paving; public art; and other features that contribute to the desired character for National City, where appropriate. Policy LU-11.2: Identify gateways at major entrances to the City using such features as buildings, street trees, welcome signs, decorative lighting, archways, and other design techniques to announce the gateway. Policy LU-11.4: Recognize, maintain, and enhance the character and identity of residential neighborhoods and business districts. Policy LU-11.7: Encourage residential and businesses to clean and maintain their properties and public spaces to further a sense of ownership and community pride. Policy LU-11.8: Require the sensitive placement, screening, and/or treatment of utility meters, boxes, valves, vaults, switches, plumbing, wiring, fences, etc. to eliminate or minimize the aesthetic impact to the neighborhood. Policy LU-11.9: Encourage the improvement of existing signage to help promote a more attractive street scene in business districts. The Plan states these policies are important because a positive community image and quality community design instills a sense of pride and well-being in the community. The aesthetic benefit attained as a result of the services and improvements provided by the District is detailed below. Aesthetic Benefit The aesthetic benefit relates to an improvement in the District's visual appearance as a result of the District improvements and services. The beautification of property within the District can best be described as the ability for the property within the District to develop and operate at the property's highest and best use. Properties within the District receive the following aesthetic benefits as a result of the District's improvements and services: Uniform and up to date streetscape and median and frontage improvements create cohesion throughout the District from 18th Street to SR 54. This District cohesion enhances the experience for all stakeholders. The improvements and services enhance the community identity of the Mile of Cars area, which will lead to a stronger and healthier street corridor. The image of the Mile of Cars area is improved by maintaining the median and frontage improvements. The District revitalizes and beautifies the Mile of Cars area. This revitalization encourages new business development and existing business retention and expansion which overall reduces vacancies and increases lease rates for property, more specifically, the auto dealerships located within the District. The streetscape improvements encourage an increase in activity throughout the District. The Mile of Cars area becomes more pedestrian -friendly, thus improving activity for residents and businesses alike. NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 8 304 of 647 Upgraded median and frontage amenities provided by the District enhance the appearance, desirability, and experience of the properties directly fronting the improvements provided throughout the District. The streetscape improvements add aesthetic value to property adjacent to the improvements, but the improvements also make the property appear more stable and prosperous. The aesthetic benefit received by properties within the District assists each property in developing and operating at its highest and best use. Separation of General Benefit Section 4 of Article XIIID of the California Constitution provides that once a local agency which proposes to impose assessments on property has identified those parcels that will have special benefits conferred upon them and upon which an assessment will be imposed, the local agency must then "separate the general benefits from the special benefits conferred," and only the special benefits can be included in the amount of the assessments imposed. General benefit is an overall and similar benefit to the public at large resulting from the improvements and services to be provided. The District improvements and maintenance services, which are more fully presented in Section 2 of this Report, will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. The District provides aesthetic benefits to the properties within the District. However, it is recognized that the District also provides a level of benefit to some property and businesses within close proximity to the District, as well as visitors and individuals passing through the District. Vehicular and pedestrian traffic from property within and outside of the District, as well as individuals passing through the Mile of Cars area will be able to enjoy the improvements and maintenance services. Therefore, it is necessary to quantify the general benefits created as a result of the District improvements and services. Quantification of General Benefit As previously mentioned, general benefit is an overall and similar benefit to the public at large resulting from the improvements and services which are funded by the assessment revenue. The District improvements and maintenance services will be provided within the District boundaries only. There will be no improvements or maintenance services provided by the District outside of the District boundaries. General benefits accrue to individuals "walking through" the District and to vehicles "passing through" the District. Individuals walking through the District are typically people who live in close proximity and whose origin or destination neither begins with nor ends at a parcel within the District. Any walking that begins with or ends at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. Vehicles passing through the District are those vehicles whose origin or destination neither begins with nor ends at a parcel within the District. Any vehicle trips that begin with or end at a parcel within the District are considered part of the special benefit for those parcels within the boundaries of the District. For the purposes of this analysis, it was determined that the general benefit quantification should be focused on vehicle trips passing through the District because National City Boulevard is a major thoroughfare which connects and provides access to SR 54. NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 9 305 of 647 To quantify and separate the amount of general benefit received by the general population as a result of the improvements and services provided by the assessment revenue, it has been determined that general benefits accrue mainly to vehicles "passing through" the District. Meaning, any vehicle using the City's streets that lie within the boundaries of the District that is coming or going to a parcel within the District ultimately is not part of the "general public" benefitting from the proposed improvements and services. Accordingly, the separation of general benefits from special benefits will be measured by that estimated portion of vehicle trips "passing through" the District. In order to determine the estimated portion of the vehicle trips "passing through" the District, trip generation data was collected for each parcel within the boundaries of the District using San Diego County assigned land use codes and property characteristics. Each land use code was categorized and located in the ITE Trip Generation Manuals — 2nd Edition. Using the property characteristics and data gathered from the ITE Trip Generation Manuals, the estimated amount of Average Daily Trips (ADT) was calculated for each parcel within the boundaries of the District. The ADT were then added together for each parcel within the boundaries of the District to arrive at a total amount of vehicle trips generated by the District, which equaled 13,385 ADT. The total average vehicle trips were then compared to the average vehicle trip generation data detailed in the City of National City Comprehensive Land Use Update (Transportation and Circulation) for the streets running through the District, which equaled 14,825 ADT. The comparison concluded that 90.29% of all vehicle trips passing through the District were coming or going to a parcel within the boundaries of the District, hence 90.29% of all vehicle trips passing through the District are designated as benefiting from the special benefits provided by the District. As a result, 9.71% of all vehicle trips passing through the District are general in nature and hence, do not receive any special benefit from the District. Therefore, 9.71% of the benefits of the services are considered general benefit. Accordingly, 90.29% of the benefit from the improvements and services are considered to provide special benefit to the properties within the District and thus are subject to the assessment. 5.1.2 Apportionment of Costs In further making the analysis, it is necessary that the property owners receive a special and direct benefit distinguished from that of the general public. In this case, an in-depth analysis was made and several factors are being used in the final method and spread of assessment. All of the improvements are intended to be of direct benefit to properties within the District. These improvements require significantly more maintenance than normally provided by the City. It is therefore appropriate that the properties receiving the benefit be assessed for the additional cost. Lineal frontage was assigned as the assessment variable by the assessment engineer because all of the special aesthetic benefits received by properties within the District from the improvements and services provided, using revenues from the annual assessment levy, can be quantified best by identifying the lineal frontage of the property along National City Boulevard. Lineal frontage is a tangible property characteristic that clearly ties the aesthetic benefits received by parcels within the District based upon the amount of frontage of each property, which is where the aesthetic benefit is to be received and realized. The improvements and maintenance services being provided to and enjoyed by the parcels within the District provide an aesthetic benefit not provided to any parcels outside of the District boundaries. The M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 10 306 of 647 annual assessment is based upon a parcel's lineal frontage unless otherwise identified by the original assessment engineer, as previously approved by property owners at the formation of the District. There are generally two categories of improvements to be maintained by the District —the median improvements and the frontage improvements. The median improvements benefit all properties within the District. The improvements to the parkway (referred to herein as Frontage Improvements) benefit those properties which they abut. The specific method of spreading the assessment is described below: Median Improvements 1. The total cost for maintenance of the Median Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 2. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard, but receives some benefit from median improvements and maintenance services benefiting properties within the boundaries of the District. As a result, the original assessment engineer determined that the parcel received a lower level of benefit and therefore assigned 100 frontage feet of benefit to the parcel. Frontage Improvements 3. The total cost for maintenance of the Frontage Improvements is apportioned to all parcels in the District and is based on the frontage of each parcel along National City Boulevard. 4. Parcel 32 (APN 562-220-11) does not have frontage on National City Boulevard. As such, Parcel 32 receives no benefit from the frontage improvements. 5. The frontage of each parcel is determined from current assessor's maps for the County of San Diego, State of California. All frontage dimensions have been rounded to the nearest foot. 5.2 Maximum Annual Assessment Rates The maximum annual assessment to be levied on all properties within the District in any fiscal year shall be subject to an annual escalation of up to 10% based upon actual and anticipated expenditures. NJ BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 11 307 of 647 The following table shows the historical maximum annual assessment rates. Fiscal Year Percentage Increase Maximum Frontage Rate Per Frontage Foot Maximum Median Rate Per Frontage Foot Total Maximum Rate Per Frontage Foot (1) Actual Percentage Increase Total Actual Rate Per Frontage Foot 1996/97 N/A $3.29 $6.43 $9.72 N/A $9.72 1997/98 10% 3.62 7.07 10.69 16.56% 10.69 1998/99 10% 3.98 7.78 11.76 -2.12% 11.09 1999/00 10% 4.38 8.56 12.94 -0.18% 11.07 2000/01 10% 4.82 9.41 14.23 3.97% 11.51 2001/02 10% 5.30 10.35 15.66 -8.60% 10.52 2002/03 10% 5.83 11.39 17.22 4.85% 11.03 2003/04 10% 6.41 12.53 18.95 1.99% 11.25 2004/05 10% 7.05 13.78 20.84 2.76% 11.56 2005/06 10% 7.76 15.16 22.93 1.04% 11.68 2006/07 10% 8.54 16.68 25.22 5.91% 12.37 2007/08 10% 9.39 18.35 27.74 10.91% 13.72 2008/09 10% 10.33 20.18 30.52 7.80% 14.79 2009/10 10% 11.36 22.20 33.57 9.47% 16.19 2010/11 10% 12.50 24.42 36.93 4.20% 16.87 2011/12 10% 13.75 26.86 40.62 -6.64% 15.75 2012/13 10% 15.12 29.55 44.68 0.32% 15.80 2013/14 10% 16.64 32.51 49.15 -1.96% 15.49 2014/15 10% 18.30 35.76 54.07 -2.19% 15.15 2015/16 10% 20.13 39.33 59.46 -0.26% 15.11 2016/17 10% 22.15 43.27 65.42 4.96% 15.86 2017/18 10% 24.36 47.60 71.96 -1.07% 15.69 2018/19 10% 26.79 52.36 79.15 4.40% 16.38 (1) Rates are truncated. Amounts are rounded. The annual assessment shall not exceed the maximum assessment, unless the appropriate Proposition 218 proceedings are conducted by the City to authorize an increase beyond the maximum assessment amount. The actual combined annual assessment rate for Fiscal Year 2018/19 is $16.38, which represents a 4.40% increase from Fiscal Year 2017/18. 5.3 Assessment Roll The proposed Fiscal Year 2018/19 District assessment roll is listed on the following page. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 12 308 of 647 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2018/19 APN Owner Frontage (Feet) Levy Misc Adjs Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 291 $4,768.75 (0.01) $4,768.74 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,294.24 0.00 2,294.24 560-204-04-00 BALL JOHN D II 190 3,113.62 0.00 3,113.62 560-210-01-00 HATTON RONNIE & HATTON PAM 125 2,048.43 (0.01) 2,048.42 560-210-04-00 LTC PROPERTIES L L C 165 2,703.93 (0.01) 2,703.92 560-210-40-00 CAPPS DIANE L & BALL 1998 TRUST 211 3,457.75 (0.01) 3,457.74 560-210-41-00 CAPPS DIANE L & BALL 1998 TRUST 50 819.37 (0.01) 819.36 560-210-42-00 LTC PROPERTIES L L C 30 491.62 0.00 491.62 560-261-08-00 CAPPS DIANE L & BALL 1998 TRUST 270 4,424.62 0.00 4,424.62 560-271-07-00 CAPPS DIANE L & BALL 1998 TRUST 75 1,229.06 0.00 1,229.06 560-271-09-00 BALL AUTOMOTIVE GROUP 50 819.37 (0.01) 819.36 560-271-14-00 CAPPS DIANE L & BALL 1998 TRUST 95 1,556.81 (0.01) 1,556.80 560-271-15-00 CAPPS DIANE L & BALL 1998 TRUST 100 1,638.75 (0.01) 1,638.74 560-330-03-00 S K R B L P 591 9,684.99 (0.01) 9,684.98 560-393-03-00 PNJ PROPERTIES L L C 140 2,294.24 0.00 2,294.24 560-393-04-00 FALK PROPERTIES N C L L C 480 7,865.98 0.00 7,865.98 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,638.75 (0.01) 1,638.74 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 160 2,621.99 (0.01) 2,621.98 562-031-13-00 BALL JOHN II 110 1,802.62 0.00 1,802.62 562-031-14-00 BALL JOHN II 160 2,621.99 (0.01) 2,621.98 562-090-06-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 270 4,424.62 0.00 4,424.62 562-100-13-00 BALL JOHN D II 135 2,212.31 (0.01) 2,212.30 562-100-14-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 135 2,212.31 (0.01) 2,212.30 562-150-13-00 GEN 3 PROPERTIES ONE L L C 209 3,424.98 0.00 3,424.98 562-160-07-00 GEN3 PROPERTIES TWO LLC 300 4,916.24 0.00 4,916.24 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,343.77 (0.01) 1,343.76 562-180-33-00 GEN3 PROPERTIES THREE LLC 127 2,081.21 (0.01) 2,081.20 562-220-11-00 HARRISON RESIDUAL TRUST & VAUGHN FAMILY LIVING TRUST 02-06-13 100 901.12 0.00 901.12 562-220-13-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 (55 230 3,769.12 0.00 3,769.12 562-220-31-00 MCCUNE MOTORS <LF> MCCREDIE TOD C TRUST 03-28-96 (55 155 2,540.06 0.00 2,540.06 562-220-32-00 FRANK REAL PROPERTIES II LP 314 5,145.66 0.00 5,145.66 562-251-37-00 C V VENTURES L L C 202 3,310.27 (0.01) 3,310.26 562-251-38-00 C V VENTURES L L C 167 2,736.71 (0.01) 2,736.70 562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDOLPH F JR 330 5,407.86 0.00 5,407.86 562-321-07-00 S 0 C PROPERTIES L L C 182 2,982.52 0.00 2,982.52 562-321-08-00 CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSI 148 2,425.34 0.00 2,425.34 562-330-35-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 249 4,080.48 0.00 4,080.48 562-330-42-00 MOYNAHAN THOMAS W JR & DARLENE D TRS 76 1,245.45 (0.01) 1,245.44 562-330-43-00 54/NATIONAL SELF STORAGE L L C 40 655.50 0.00 655.50 562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA J 300 4,916.24 0.00 4,916.24 562-340-47-00 MOSSY IMPORTS L L C 164 2,687.54 0.00 2,687.54 562-340-48-00 MOSSY IMPORTS L L C 436 7,144.93 (0.01) 7,144.92 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES L L C 291 4,768.75 (0.01) 4,768.74 562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY L L C 300 4,916.24 0.00 4,916.24 562-340-69-00 FELICE REAL PROPERTIES I L P 290 4,752.38 0.00 4,752.38 562-340-70-00 FELICE REAL PROPERTIES I L P 300 4,916.26 0.00 4,916.26 46 Accounts $147,814.75 ($0.21) $147,814.54 309 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 310 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on July 3, 2018 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19. (Planning) 310 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 ITEM TITLE: Resolution of the City Council of the City of National City declaring its intention to conduct a public hearing on July 3, 2018 and to levy and collect assessments for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2018/19 PREPARED BY: Raymond Pe, Principal Planner DEPARTMENT: Pi PHONE: 336-4421 APPROVED BY: AGENDA ITEM NO. EXPLANATION: The City formed the Mile of Cars Landscape Maintenance District No. 1 in 1995 to provide for the maintenance, operations, and servicing of certain improvements in the District, including landscaping, signage, and lighting. Each year, the City Council considers the adoption of resolutions to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would declare the City's intention to conduct a public hearing and to levy and collect assessments on behalf of the District for Fiscal Year 2018/19 based on the Annual Report ("Engineer's Report"), which identifies the assessment to be levied and the work program to be conducted by the Mile of Cars Landscape Maintenance District. The Mile of Cars Association has approved the scope of work, the proposed assessment, and the District budget. There are no changes or additions to the maintained improvements for the coming fiscal year. The proposed total assessment of $147,814.54 is an increase of $6,320.11 or 4.40 percent above the prior year total assessment. The City's consultant and City administrative costs are paid from the District's assessment funds. FINANCIAL STATEMENT: Not applicable. ACCOUNT NO. APPROVED: Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This action is not subject to the California Environmental Quality Act singe it is not a project as defined in the California Code of Regulations, Section 15378. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Li STAFF RECOMMENDATION: Adopt the resolution declaring intent to conduct a public hearing and to levy and collect assessments. BOARD ! COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Resolution. 311 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 312 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City calling for the holding of a General Municipal Election to be held on Tuesday, November 6, 2018, for the election of certain officers, as required by the provisions of the laws of the State of Ca 312 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City calling for the holding of a General Municipal Election to be held on Tuesday, November 6, 2018, for the election of certain officers, as required by the provisions of the laws of the State of California relating to General Law Cities. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 DEPARTMENT: City Clerk APPROVED BY. EXPLANATION: The proposed Resolution would call and give notice of a General Municipal Election to be held on November 6, 2018, for the purpose of electing a Mayor and two (2) members of the City Council for a full term of four (4) years. FINANCIAL STATEMENT: APPROVED: � Finance ACCOUNT NO. 001-402-021-212-0000 APPROVED: MIS $50,000 has been budgeted for the Municipal Election. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution. 313 of 647 l CC/CDC-HA Agenda 6/19/2018 — Page 314 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on Tuesday, November 6, 2018, with the Statewide General Election to be held 314 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City requesting the Board of Supervisors of the County of San Diego to consolidate a General Municipal Election to be held on Tuesday, November 6, 2018, with the Statewide General Election to be held on the same date pursuant to Section 10403 of the Election Code. (City Clerk) PREPARED BY: Michael R. Dalla DEPARTMENT: City Clerk, PHONE: 619-336-4226 APPROVED BY: EXPLANATION: Section 10403 of the California Elections Code authorizes the City to place an election ballot on the same ballot as that provided for a Statewide Election, and to consolidate a General Municipal Election with a Statewide Election, upon the filing with the County Board of Supervisors of a Resolution of the City Council requesting the consolidation. The proposed Resolution would satisfy the requirement of Section 10403. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. 001-402-021-212-0000 APPROVED: $50,000 has been budgeted for the Municipal Election. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution. 315 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 316 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements of qualifications submitted to the voters at the General Municipal Election to be held on Tuesday, Nov 316 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting regulations for candidates for elective office pertaining to candidates' statements of qualifications submitted to the voters at the General Municipal Election to be held on Tuesday, November 6, 2018. (City Clerk) PREPARED BY: Michael R. Dalla PHONE 619-336-4226 DEPARTMENT: City Clerk APPROVED BY: EXPLANATION: Section 13307 of the Elections Code provides that the governing body of a local agency adopt regulations pertaining to materials prepared by any candidate for a municipal election, including costs of the candidate statement. Such regulations must be adopted prior to each municipal election. FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Proposed Resolution. 1 317 of 647 I CC/CDC-HA Agenda 6/19/2018 — Page 318 The following page(s) contain the backup material for Agenda Item: National City Sales Tax Update Newsletter - Fourth Quarter 2017. (Finance) 318 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: National City Sales Tax Update Newsletter — Fourth Quarter 2017 PREPARED BY: Yen Kelly, Budget Analyst DEPARTMENT: Finance PHONE: 619-336-4330 APPROVED BY: `'G'e=tni /ea% EXPLANATION: National City has an ongoing contract with Hinderliter, de Llamas & Associates (HdL) to provide sales tax consulting/auditing services. Staff meets quarterly with a representative of HdL to review sales tax results and trends within the City and State-wide. Attached is the "National City Sales Tax Update" newsletter for the fourth quarter of fiscal year 2017, which summarizes sales tax data for the period. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: `OP/44.. �a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: National City Sales Tax Update Newsletter — Fourth Quarter 2017 319 of 647 National City In Brief I'Aational City's receipts from Octo- ber through December were 0.9% below the fourth sales period in 2016. Excluding reporting aberra- tions, actual sales were up 2.6%. A late payment added to already sluggish new auto sales while a re- porting error bumped up the auto lease category and auto repair jumped over 50%. On the whole, autos and transportation dipped 1.1 % on an actual basis. In addition, another error which inflated year-ago returns in the countywide use tax allocation pool contributed to the decline in gross receipts. Holiday quarter performance held for department stores while elec- tronics outpaced regional trends. Building materials surged for the third quarter in a row while onetime events bloated results in business and industry. Restaurants benefited from a recent opening. Receipts from the City's voter -ap- proved Measure D transactions tax were overstated by reporting errors in general retail and food and drugs. Nonetheless, construction -related sectors posted double digit increas- es over last year. Net of aberrations, taxable sales for all of San Diego County grew 3.0% over the comparable time pe- riod; the Southern California region was up 3.5%. CALIFORNIA NATIONAL CITY 1,(701ir..nAr.0 a National City Sales Tax Update First Quarter Receipts for Fourth Quarter Sales (October - December 2017) • SALES TAX BY MAJOR BUSINESS GROUP $1,800,000 $1,600,000 $1,400,000 $1,200,000 $1,000,000 $800.000 $600.000 $400.000 $200.000 $o Autos and Transportation General Consumer Goods i County and State Pools TOP 25 PRODUCERS IN ALPHABETICAL ORDER Arco AM PM C & M Motors Truck Center Frank Hyundai Frank Subaru Frank Toyota Scion Honda Acura Mitsu Suzuki & Kia JC Penney Macys Mossy Nissan Nordstrom Rack Perry Chrysler Dodge Jeep Ram Perry Ford Probuild Company Ron Baker Chevrolet Ross South Bay Volkswagen South County Buick GMC T Mobile Target Toys R Us Univar USA Gasoline Victoria's Secret Walmart Supercenter Westair Gases & Equipment �■ 4th Quarter 2016 ■ 4th Quarter 2017 El i Restaurants Building and and Hotels Construction Business and Industry Fuel and Service Stations Food and Drugs REVENUE COMPARISON Three Quarters — Fiscal Year To Date 2016-17 2017-18 Point -of -Sale $12,026,303 $12,166,768 County Pool 1,891,167 1,768,678 State Pool 7,100 2,257 Gross Receipts $13,924,570 $13,937,703 Measure D $8,468,870 $8,785,495 320 of 647 Published by HdL Companies in Spring 2018 dE-x' www.hdlcompanies.com 1888.861.0220 C o M P A N I E s Q4 2017 National City Sales Tax Update California Overall Factored for accounting anomalies, statewide fourth quarter receipts from local government's one cent sales tax were 4.4% higher than the holiday quarter of 2016. Rising fuel prices and solid gains from building/construction supplies, restau- rants and e-commerce were the primary contributors to the overall increase. A healthy quarter for auto sales and con- struction equipment were additional factors. Tax revenues from general consumer goods sold through brick and mortar stores rose a modest 1% over last year's comparable quarter while receipts from online sales increased 13.2%. Performance for the inland areas of the state were generally stronger than the coastal areas which had earlier recovered from the previous downturn. Nexus Issue to be Revisited In 1992, the U.S. Supreme Court ruled in Quill v. North Dakota that businesses lacking a physical presence or "nexus" in a state cannot be required to collect or remit that state's taxes. This does not excuse buyers from paying a corresponding use tax but the costs of enforcement, particularly on smaller purchases, is difficult and local brick and mortar retailers are placed at a competitive disadvantage. California has been more effective at collecting use tax than most states with an aggressive program of audit- ing major business purchases, requir- ing CPA's to report unpaid use tax on client's annual returns and requiring businesses with annual gross receipts of $100,000 or more to register for the purposes of reporting use tax. The State has also increased the number of out-of-state sellers required to collect sales tax through broader definitions of what constitutes physical presence including a requirement that larger internet retailers collect and remit sales tax if paying a commission for customer referrals obtained via a link on a California seller's website. Still, the estimated revenue losses are substantial particularly for agencies with voter -approved transactions tax districts. Because of Quill, retailers are not required to collect the tax for purchases in an adjacent jurisdiction if the retailer has no physical presence in that jurisdiction. The resulting loss to local governments projected by the State Board of Equalization in 2016-17 was $756 Million in uncollected tax revenues and losses to the state of $697 Million:(https://www.boe.ca.gov/ legdiv/pdf/e-commerce-2017F.pdf). Congress has refused to act on nu- merous attempts to seeklegislative relief over the last two decades. However, three justices - Clarence Thomas, Neil Gorsuch and Anthony Kennedy have recently expressed doubts about the Quill decision with Kennedy noting in 2015, that the ruling has produced a "startling revenue shortfall" in many states as well as "unfairness to local retailers and customers." In January 2018, the U.S. Supreme Court agreed to hear arguments in the case of South Dakota v. Wayfair Inc. where Wayfair is challenging the State's recently adopted requirement that retailers collect and remit, or pay, sales tax on purchases made by South Dakota residents. Oral arguments are scheduled for April with a decision expected by the end of June 2018. SALES PER CAPITA $8,000 $6,000 $4,000 $2,000 $0 Q4 14 National City Q4 15 County Q4 16 Q4 17 California EVENUE BY BUSINESS GROUP National City This Quarter Autos/Trans. 31% Bus./Ind. 5% ilding 5% Others 6% Cons.Goods 30% Restaurants 10% NATIONAL CITY TOP 15 BUSINESS TYPES I. *In thousands of dollars Business Type Auto Lease Auto Repair Shops Building Materials Casual Dining Department Stores Discount Dept Stores Electronics/Appliance Stores Family Apparel New Motor Vehicle Dealers Quick -Service Restaurants Service Stations Shoe Stores Specialty Stores Used Automotive Dealers Women's Apparel National City Q4'17* Change 99.5 77.7 203.6 183.0 33.3% 58.8% 41.4% 8.9% 231.6 0.9% - CONFIDENTIAL - 108.9 13.7% 273.6 2.3% 1,161.2 -8.2% 243.7 4.4% 173.1 7.1% 81.7 -2.3% 157.4 0.0% 85.8 -8.3% 91.6 -12.6% Total All Accounts 4,178.1 County & State Pool Allocation 629.0 Gross Receir 321 of 647 4,807.1 County HdL State Change Change 15.1% 5.2% 5.9% 0.8% -2.4% 4.4% 4.6% 3.6% -0.1 % 6.0% 8.9% -0.8% 1.7% -12.3% -6.2% 5.1% -10.8% 2.7% 16.6% 3.6% 11.6% 3.5% -5.4% 4.1% 5.8% 2.1% 2.6% 4.9% 11.4% 0.3% 4.4% 0.4% -5.9% 4.0% 0.8% 3.6% Pools 13% CC/CDC-HA Agenda 6/19/2018 — Page 322 The following page(s) contain the backup material for Agenda Item: Investment Report for the quarter ended March 31, 2018. (Finance) 322 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: Investment Report for the quarter ended March 31, 2018. PREPARED BY: R44,41.dGay PHONE: 619-336-4346 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: V4.4 �a FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and File the Investment Report for the Quarter ended March 31, 2018. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Investment Listings 323 of 647 CALIFORNIA -f- N I.'ION1 L CI r V �o INCORPORATED City Council Staff Report June 19, 2018 ITEM Staff Report: Investment Report for the quarter ended March 31, 2018. BACKGROUND The California Government Code (§ 53646(b)) requires that, when the treasurer or the chief fiscal officer of a local agency renders to the legislative body of the agency a quarterly report on the agency's investment portfolio, such report shall include the following information regarding all securities, investments, and moneys held by the local agency: ➢ type of investment; ➢ issuer (bank or institution); ➢ date of maturity; ➢ dollar amount invested; and ➢ current market valuation as of the date of the report. In addition, the Government Code (§ 53646(b)(2)) requires that the report state the City's compliance with its investment policy and include a statement regarding the ability of the local agency to meet its pool's ability to meet its expenditure requirements Code (§ 53646(b)(3)). OVERVIEW OF CITY INVESTMENTS The City's pooled investment portfolio balance as of March 31, 2018 is summarized below and compared to the balance as of March 31, 2017. Table 1 3/31/2018 3/31/2017 Book Value 1 $ 64,902,157 $ 58,197,031 Market Value 2 $ 64,666,320 3 $ 58,247,197 (1) actual cost of investments (2) amount at which the investments could be sold (3) total includes deposits of $8,000,000 plus investment gains since 12/31/2017 The California Treasurer's Local Agency Investment Fund ("LAIF") and The County of San Diego Pooled Money Fund comprise 54.02% of the City of National City's total investment portfolio (41.42% and 12.60%, respectively). These are liquid investment pools that allow participants to earn market rate returns, while retaining access to funds within 24 to 48 hours of a 324 of 647 Page 2 Staff Report: Investment Report for the quarter ended March 31, 2018. June 19, 2018 withdrawal request with no penalty. The remainder of the City's portfolio is composed of investments that may be liquidated at any time. However, these investments likely do not provide the short liquidity (i.e., quick access to funds) of the pooled money funds, and liquidation/withdrawal of these investments is at the risk of loss and/or penalty to the City. Summaries of the City's investment portfolio are illustrated below. INVESTMENT PORTFOLIO SUMMARY BY ISSUER/MANAGER As of March 31, 2018 Table 2 Issuer/Manager Total Market %of Book Value Market Value YTM Portfolio Local Agency Investment Fund Chandler Asset Management County of San Diego 26,747,393 $ 29,958,033 $ 8,196,731 $ 26,781,682 2 29,736,638 8,148,000 1.52% 2.30% 1.72% 41.42% 45.98% 12.60% Totals for March 31, 2018 64,902,157 64,666,320 100.00% 1 includes accrued interest 2 calculated on 30/360 basis; includes LAIF participation factor of 0.997538001 TOTAL MARKET VALUE $64,666,320 County of San Diego $8,148,000 Chandler Asse Management $29,736,638 Local Agency Investment Fund $26,781,682 325 of 647 Page 3 Staff Report: Investment Report for the quarter ended March 31, 2018. June 19, 2018 INVESTMENT PERFORMANCE BY ISSUER/MANAGER For the Quarter Ended March 31, 2018 Table 3 1 Total Market Value Yield Issuer/Manager 12/31/17 3/31/18 Change Period Return (Net)3 Local Agency In estment Fund $ 22,205,118 $ 26,781,682 $ 4.576,564 z 0.38% 1.53% Chandler Asset Management _ 29,782,044 $ 29,736,638 -0.13% NA County of San Diego 8,077,000 $ 8,148,000 $ 71,000 0.26% 1.03% Totals for March 31, 2018 $ 60,064,162 $ 64,666,320 $ 4,602,158 0.51% 2.56% 1 includes accrued interest 2 Deposits 1/23/18 $6,500,000, 2/1/18 $1,500,000,Withdrawals 2/7/18 $750,000, 2/22/18 $1,500,000, 3/21/18 $1,250,000 3 Annualized COMPLIANCE STATEMENT All of the City's investments are in compliance with the City's investment policy (City Council Policy No. 203) and the California Government Code (§ 53601 et seq). FINANCIAL STATEMENT Realized and unrealized gains for the period, reflected below, were $159.560. These changes include changes in security market values, gain or loss from the sale of assets, accrued interest, and reinvested interest/earnings. Table 4 Issuer/Manager Gainl(Loss) Chandler Asset Management County of San Diego LAIF 38,469 20,951 100,141 Totals for March 31, 2018 $ 159,560 The difference between the changes reflected in the previous two tables is attributable to the purchase and sale of securities for which the first of the tables accounts but the second table typically does not (unless an investment is sold before maturity). STAFF CERTIFICATION Staff certifies that there are sufficient funds to meet the pool's expenditure requirements. RECOMMENDATIONS Accept and file the Investment Report for the quarter ended March 31, 2018. 326 of 647 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916)653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 PMIA Average Monthly Yields Account Number: 98-37-576 Tran Type Definitions Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 3/21/2018 3/21/2018 RW 1564799 JAVIER CARCAMO -1,250,000.00 Account Summary Total Deposit: 0.00 Beginning Balance: Total Withdrawal: -1,250,000.00 Ending Balance: www.treasurer.ca.gov/pmia-laif/laif.asp Apri123, 2018 March 2018 Statement 27,997,393.25 26,747,393.25 327 of 647 https://laifms.treasurer.ca.gov/RegularStatement.aspx 4/23/2018 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916) 653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 www.treasurer.ca.gov/pmia-laif/laifasp March 21, 2018 PMIA Average Monthly Yields Account Number: 98-37-576 Tran Type Definitions Effective Transaction Tran Confirm Date Date Type Number Authorized Caller Amount 2/1/2018 2/2/2018 RDX 1561957 JAVIER CARCAMO 1,500,000.00 2/7/2018 2/7/2018 RW 1562099 JAVIER CARCAMO -750,000.00 2/22/2018 2/22/2018 RW 1563109 JAVIER CARCAMO -1,500,000.00 Account Summary Total Deposit: 1,500,000.00 Beginning Balance: Total Withdrawal: -2,250,000.00 Ending Balance: February 2018 Statement 28,747,393.25 27,997,393.25 https://laifms.treasurer.ca.gov/RegularStatement.aspx 3/21/2018 328 of 647 LAIF Regular Monthly Statement Page 1 of 1 Local Agency Investment Fund P.O. Box 942809 Sacramento, CA 94209-0001 (916)653-3001 CITY OF NATIONAL CITY FINANCE DIRECTOR 1243 NATIONAL CITY BLVD NATIONAL CITY, CA 91950-4397 Effective Date Date 1/12/2018 1/11/2018 1/23/2018 1/23/2018 1/31/2018 1/30/2018 Account Summar Total Deposit: Total Withdrawal: Transaction Tran Confirm Type Number Authorized Caller QRD 1560208 SYSTEM RD 1561099 JAVIER CARCAMO RD 1561671 JAVIER CARCAMO PMIA Average Monthly Yields Account Number: 98-37-576 Tran Type Definitions 8,072,576.53 Beginning Balance: 0.00 Ending Balance: Amount 72,576.53 6,500,000.00 1,500,000.00 www.treasurer.ca.gov/pmia-laif/laif.asp February 21, 2018 January 2018 Statement 22,174,816.72 30,247,393.25 329 of 647 https://laifms.treasurer.ca.gov/RegularStatement.aspx 2/21/2018 Untitled Page Page 1 of 1 BETTY T. YEE California State Controller LOCAL AGENCY INVESTMENT FUND REMITTANCE ADVICE Agency Name NATIONAL CITY Account Number 98-37-576 As of 04/13/2018, your Local Agency Investment Fund account has been directly credited with the interest earned on your deposits for the quarter ending 03/31/2018. Earnings Ratio Interest Rate Dollar Day Total Quarter End Principal Balance Quarterly Interest Earned $ $ .00004135534904993 1.51% 2,421,467,050.67 26,747,393.25 100,140.62 http://laif.sco.ca.gov/Result.aspx 330 of 647 5/23/2018 ���v\NVEST��2� State of California PMIA 97 Pooled Money Investment Account T. �^ ; Market Valuation �9,ET'[lpU101...„,A 3/31/2018 Carrying Cost Plus Description Accrued Interest Purch. Amortized Cost Fair Value Accrued Interest United States Treasury: Bills $ 13,168,305,302.64 $ 13,234,864,134.73 $ 13,222,380,000.00 NA Notes $ 20,061,143,353.89 $ 20,057,667,338.99 $ 19,930,705,000.00 $ 47,380,533.00 Federal Agency: SBA $ 867,145,314.00 $ 867,088,008.74 $ 856,981,629.70 $ 1,270,724.33 MBS-REMICs $ 31,003,570.83 $ 31,003,570.83 $ 31,753,574.99 $ 145,081.69 Debentures $ 1,363,946,135.19 $ 1,363,919,399.07 $ 1,353,611,900.00 $ 2,644,921.75 Debentures FR $ - $ - $ - $ - Debentures CL $ 350,000,000.00 $ 350,000,000.00 $ 345,893,500.00 $ 689,278.50 Discount Notes $ 10,376,049,638.66 $ 10,419,274,485.93 $ 10,413,696,000.00 NA Supranational Debentures $ 449,199,891.07 $ 449,199,891.07 $ 446,463,500.00 $ 687,154.00 Supranational Debentures FR $ 50,000,000.00 $ 50,000,000.00 $ 50,061,500.00 $ 189,741.67 CDs and YCDs FR $ 425,000,000.00 $ 425,000,000.00 $ 425,000,000.00 $ 1,320,201.70 Bank Notes $ 900,000,000.00 $ 900,000,000.00 $ 898,914,388.05 $ 3,624,888.87 CDs and YCDs $ 13,925,000,000.00 $ 13,925,000,000.00 $ 13,916,261,691.08 $ 47,875,722.25 Commercial Paper $ 7,257,225,888.87 $ 7,279,648,291.66 $ 7,276,043,749.97 NA Corporate: Bonds FR $ - $ - $ - $ - Bonds $ - $ - $ - $ - Repurchase Agreements $ - $ - $ - $ - Reverse Repurchase $ - $ - $ - $ - Time Deposits $ 5,031,740,000.00 $ 5,031,740,000.00 $ 5,031,740,000.00 NA AB 55 & GF Loans $ 716,647,000.00 $ 716,647,000.00 $ 716,647,000.00 NA TOTAL $ 74,972,406,095.15 $ 75,101,052,121.02 $ 74,916,153,433.79 $ 105,828,247.76 Fair Value Including Accrued Interest * Governmental Accounting Standards Board (GASB) Statement #72 Repurchase Agreements, Time Deposits, AB 55 & General Fund loans, and Reverse Repurchase agreements are carried at portfolio book value (carrying cost). $ 75,021,981,681.55 The value of each participating dollar equals the fair value divided by the amortized cost (0.997538001). As an example: if an agency has an account balance of $20,000,000.00, then the agency would report its participation in the LAIF valued at $19,950,760.03 or $20,000,000.00 x 0.997538001. 331 of 647 CM CHANDLER ASSET MANAGEMENT Monthly Account Statement City of National City March 1, 2018 through March 31, 2018 Chandler Team For questions about your account, please call (800) 317-4747 or Email operations@chandlerasset.com Custodian Bank of New York Mellon Lauren Dehner (904)645-1918 Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Prices are provided by IDC, an independent pricing source. In the event IDC does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. 6225 Lusk Boulevard I San Diego, CA 92121 I Phone 800.317.4747 I Fax 858.546.3741 I www.chandlerasset.com 332 of 647 CA City of National City Account #10162 Portfolio Summary As of 3/31/2018 PORTFOLIO CHARACTERISTICS ACCOUNT SUMMARY TOP ISSUERS Average Duration Average Coupon Average Purchase YTM Average Market YTM Average S&P/Moody Rating Average Final Maturity Average Life 1.70 1.57 1.61 % 2.30 % AA+/Aa1 1.85 yrs 1.74 yrs Market Value Accrued Interest Total Market Value Income Earned Cont/WD Par Book Value Cost Value Beg. Values End Values as of 2/28/18 as of 3/31/18 29,573,840 29,626,339 110,553 110,299 29,684,393 29,736,638 36,516 38,469 -2,146 29,965,192 30,007,110 29,904,260 29,958,033 29,904,260 29,958,033 Issuer Government of United States Federal Home Loan Bank Federal Home Loan Mortgage Corp Federal National Mortgage Assoc Federal Farm Credit Bank Toyota ABS Bank of Tokyo-Mit UFJ Bank of Nova Scotia Houston 13/0 Portfolio 27.2 % 13.8 12.0 % 10.8 % 4.7 % 2.6 % 2.0 % 1.8 74.8 SECTOR ALLOCATION CREDIT QUALITY (S&P) US_Corp (15.5 %) CP (3.7 %) MMF (0.9%) ABS (5.3 %) Agency (41.3 %) US Treasury (27.2 %) Negotiable CD (3.0 %) Supranational (3.2 %) 30% 25% 20% 15% 10% 5% 0/0 11.0% 10.7% 9.4 20.5 28.7 % 16.0 % 3.6 % 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5+ Maturity (Yrs) AA PERFORMANCE REVIEW Total Rate of Return As of 3/31/2018 Current Month Latest Year 3 Months To Date 1 Yr Annualized 3 Yrs 5 Yrs Since 10 Yrs 2/29/2012 2/29/2012 City of National City 0.18 % -0.13% -0.13% 0.36 % 0.63 % 0.63 % N/A 0.64 % 3.95 ICE BAML 1-3 Yr US Treasury/Agency Index 0.20 -0.12% -0.12% 0.05 % 0.41 0.53 % N/A 0.53 % 3.28 % ICE BAML 1-3 Yr US Corp/Govt Rated AAA -A Index 0.17 % -0.17% -0.17% 0.19 % 0.57 0.67 % N/A 0.73 % 4.50 Chandler Asset Management 333 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City March 31, 2018 COMPLIANCE WITH INVESTMENT POLICY _ Assets managed by Chandler Asset Management are in full compliance with state law and with the City's investment policy. Category Standard Comment Municipal Securities BBB rated equivalent by a NRSRO or 4th highest general classification by a NRSRO; 30% maximum Complies Treasury Issues No Limitation Complies Agency Issues No Limitation Complies Supranationals "AA" rated or higher by a NRSRO; 30% maximum; U.S. dollar denominated; Issued by: IBRD, IFC, IADB Complies Banker's Acceptances "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 40% maximum; 180 days max maturity Complies Commercial Paper "A-1" rated or higher by at least two NRSROs; and "A" rated long term debt by two NRSROs; 25% maximum; 270 days max maturity Complies FDIC insured Time Deposits/ Certificates of Deposit Amount per institution limited to the max covered under FDIC; 30% maximum combined certificates of deposit including CDARS Complies Negotiable Certificates of Deposit "A" rated or higher by at least two NRSROs; and/or have short term debt rated "Al" or higher by at least two NRSROs; 30% maximum Complies Corporate Medium Term Notes "A" rated or better by at least two NRSROs; 30% maximum; Issued by corporations organized and operating within the U.S. Complies Money Market Mutual Funds AAA rated or equivalent by at least two NRSROs; 20% maximum; SEC registered with assets under management in excess of $500 million Complies Mortgage Pass-throughs, CMOs and Asset Backed Securities "AA" rated or better by two NRSROS; "A" rated or higher for the issuer's debt by two NRSROs; 20% maximum Complies Local Agency Investment Fund - LAIF maximum LAIF program; Currently not used by investment adviser Complies Prohibited Securities Inverse floaters; Ranges notes; Interest -only strips from mortgaged backed securities; Zero interest accrual securities; Reverse Repurchase Agreements; Foreign currency denominated sec Complies Callable Securities 20% maximum (does not include "make whole call" securities) Complies Maximum Issuer 5% max (except US Government, its agencies and enterprises) Complies Maximum maturity 5 years Complies 334 of 647 (;:411 City of National City Account #1 0162 Reconciliation Summary As of 3/31/2018 BOOK VALUE RECONCILIATION Beginning Book Value $29,904,259.87 Acquisition + Security Purchases $1,786,520.83 + Money Market Fund Purchases $2,036,307.35 + Money Market Contributions $0.00 + Security Contributions $0.00 + Security Transfers $0.00 Total Acquisitions $3,822,828.18 Dispositions - Security Sales $279,857.81 - Money Market Fund Sales $1,787,754.16 - MMF Withdrawals $2,146.36 - Security Withdrawals $0.00 - Security Transfers $0.00 - Other Dispositions $0.00 - Maturites $1,702,004.34 - Calls $0.00 - Principal Paydowns $14,488.81 Total Dispositions $3,786,251.48 Amortization/Accretion +/- Net Accretion $0.00 $0.00 Gain/Loss on Dispositions +/- Realized Gain/Loss $17,196.59 I $17,196.59 Ending Book Value $29,958,033.16 CASH TRANSACTION SUMMARY BEGINNING BALANCE $35,192.37 Acquisition Contributions $0.00 Security Sale Proceeds $279,857.81 Accrued Interest Received $951.92 Interest Received $35,922.96 Dividend Received $85.85 Principal on Maturities $1,702,004.34 Interest on Maturities $2,995.66 Calls/Redemption (Principal) $0.00 Interest from Calls/Redemption $0.00 Principal Paydown $14,488.81 Total Acquisitions $2,036,307.35 Disposition Withdrawals $2,146.36 Security Purchase $1,786,520.83 Accrued Interest Paid $1,233.33 Total Dispositions $1,789,900.52_ Ending Book Value $281,599.20 Chandler Asset Management 335 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income Fixed Income 02665WAZ4 American Honda Finance Note 2.45% Due 09/24/2020 07/11/2017 07/14/2017 400,000.00 405,848.00 0.00 0.00 405,848.00 4,273.89 4,900.00 190.56 816.67 0.00 0.00 0.00 816.67 0.00 816.67 037833AQ3 Apple Inc Note 2.1% Due 05/06/2019 05/04/2016 05/09/2016 270,000.00 276,928.20 0.00 0.00 276,928.20 1,811.25 0.00 2,283.75 472.50 0.00 0.00 0.00 472.50 0.00 472.50 084670BL1 Berkshire Hathaway Note 2.1% Due 08/14/2019 01/26/2017 01 /31 /2017 285,000.00 287,815.80 0.00 0.00 287,815.80 282.63 0.00 781.38 498.75 0.00 0.00 0.00 498.75 0.00 498.75 166764AR1 Chevron Corp Callable Note Cont 2/3/2020 1.961 % Due 03/03/2020 12/13/2017 12/15/2017 400,000.00 399,064.00 0.00 0.00 399,064.00 3,878.42 3,922.00 610.09 653.67 0.00 0.00 0.00 653.67 0.00 653.67 22160KAJ4 Costco Wholesale Corp Note 2.15% Due 05/18/2021 07/25/2017 07/28/2017 400,000.00 401,208.00 0.00 0.00 401,208.00 2,460.56 0.00 3,177.22 716.66 0.00 0.00 0.00 716.66 0.00 716.66 3130A4GJ5 FHLB Note 1.125% Due 04/25/2018 451,689.00 1,771.88 0.00 Various 0.00 0.00 0.00 Various 0.00 2,193.75 0.00 450,000.00 451,689.00 421.87 421.87 0.00 421.87 3130A7CV5 FHLB Note 1.375% Due 02/18/2021 10/13/2016 10/14/2016 490,000.00 490,960.40 0.00 0.00 490,960.40 243.30 0.00 804.76 561.46 0.00 0.00 0.00 561.46 0.00 561.46 3130A8PK3 FHLB Note 0.625% Due 08/07/2018 08/30/2016 08/31/2016 455,000.00 452,684.05 0.00 0.00 452,684.05 189.58 0.00 426.56 236.98 0.00 0.00 0.00 236.98 0.00 236.98 3130AABG2 FHLB Note 1.875% Due 11/29/2021 03/08/2017 03/09/2017 565,000.00 559,044.90 0.00 0.00 559,044.90 2,707.29 0.00 3,590.10 882.81 0.00 0.00 0.00 882.81 0.00 882.81 3133782M2 FHLB Note 1.5% Due 03/08/2019 05/28/2015 05/29/2015 440,000.00 443,207.60 0.00 0.00 443,207.60 3,171.67 3,300.00 421.67 550.00 0.00 0.00 0.00 550.00 0.00 550.00 Chandler Asset Management 336 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 313378A43 FHLB Note Due 03/09/2018 09/17/2013 09/18/2013 0.00 464,472.80 0.00 464,472.80 0.00 3,087.64 3,231.25 0.00 143.61 0.00 0.00 0.00 143.61 0.00 143.61 313378WG2 FHLB Note 2.5% Due 03/11/2022 03/13/2018 03/14/2018 600,000.00 0.00 596,646.00 0.00 596,646.00 0.00 (125.00) 833.33 708.33 0.00 0.00 0.00 708.33 0.00 708.33 313379Q69 FHLB Note 2.125% Due 06/10/2022 06/20/2017 06/21/2017 600,000.00 607,110.00 0.00 0.00 607,110.00 2,868.75 0.00 3,931.25 1,062.50 0.00 0.00 0.00 1,062.50 0.00 1,062.50 313380FB8 FHLB Note 1.375% Due 09/13/2019 536,816.60 3,465.00 0.00 Various 0.00 3,712.50 0.00 Various 0.00 371.25 0.00 540,000.00 536,816.60 618.75 618.75 0.00 618.75 3133EEJ50 FFCB Note 1.03% Due 05/11/2018 05/05/2015 05/11/2015 450,000.00 449,145.00 0.00 0.00 449,145.00 1,416.25 0.00 1,802.50 386.25 0.00 0.00 0.00 386.25 0.00 386.25 3133EFSJ7 FFCB Note 1.3% Due 12/14/2018 12/10/2015 12/14/2015 550,000.00 549,279.50 0.00 0.00 549,279.50 1,529.31 0.00 2,125.14 595.83 0.00 0.00 0.00 595.83 0.00 595.83 3133EFW52 FFCB Note 1.15% Due 07/01/2019 04/08/2016 04/11/2016 400,000.00 401,956.00 0.00 0.00 401,956.00 766.67 0.00 1,150.00 383.33 0.00 0.00 0.00 383.33 0.00 383.33 3135G0D75 FNMA Note 1.5% Due 06/22/2020 12/17/2015 12/21/2015 575,000.00 568,778.50 0.00 0.00 568,778.50 1,653.13 0.00 2,371.88 718.75 0.00 0.00 0.00 718.75 0.00 718.75 3135G0E33 FNMA Note 1.125% Due 07/20/2018 449,689.56 576.56 0.00 Various 0.00 0.00 0.00 Various 0.00 998.44 0.00 450,000.00 449,689.56 421.88 421.88 0.00 421.88 3135G0E58 FNMA Note 1.125% Due 10/19/2018 09/14/2016 09/15/2016 395,000.00 397,010.55 0.00 0.00 397,010.55 1,629.38 0.00 1,999.69 370.31 0.00 0.00 0.00 370.31 0.00 370.31 3135G0N82 FNMA Note 1.25% Due 08/17/2021 01/26/2017 01/31/2017 440,000.00 425,444.80 0.00 0.00 425,444.80 213.89 0.00 672.22 458.33 0.00 0.00 0.00 458.33 0.00 458.33 Chandler Asset Management 337 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 3135G0T78 FNMA Note 2% Due 10/05/2022 12/12/2017 12/13/2017 500,000.00 494,215.00 0.00 0.00 494,215.00 4,027.78 0.00 4,861.11 833.33 0.00 0.00 0.00 833.33 0.00 833.33 3135G0WJ8 FNMA Note 0.875% Due 05/21/2018 05/05/2015 05/06/2015 450,000.00 447,472.80 0.00 0.00 447,472.80 1,093.75 0.00 1,421.88 328.13 0.00 0.00 0.00 328.13 0.00 328.13 3135G0YT4 FNMA Note 1.625% Due 11/27/2018 08/31/2015 08/31/2015 440,000.00 446,141.96 0.00 0.00 446,141.96 1,866.94 0.00 2,462.78 595.84 0.00 0.00 0.00 595.84 0.00 595.84 3137EADB2 FHLMC Note 2.375% Due 01/13/2022 585,310.00 1,820.83 0.00 Various 0.00 0.00 0.00 Various 0.00 2,958.86 0.00 575,000.00 585,310.00 1,138.03 1,138.03 0.00 1,138.03 3137EADK2 FHLMC Note 1.25% Due 08/01/2019 05/05/2015 05/06/2015 450,000.00 446,149.35 0.00 0.00 446,149.35 468.75 0.00 937.50 468.75 0.00 0.00 0.00 468.75 0.00 468.75 3137EADM8 FHLMC Note 1.25% Due 10/02/2019 05/05/2015 05/06/2015 450,000.00 444,822.75 0.00 0.00 444,822.75 2,328.13 0.00 2,796.88 468.75 0.00 0.00 0.00 468.75 0.00 468.75 3137EADP1 FHLMC Note Due 03/07/2018 02/26/2015 02/27/2015 0.00 397,552.00 0.00 397,552.00 0.00 1,691.67 1,750.00 0.00 58.33 0.00 0.00 0.00 58.33 0.00 58.33 3137EADR7 FHLMC Note 1.375% Due 05/01/2020 08/24/2016 08/25/2016 455,000.00 460,332.60 0.00 0.00 460,332.60 2,085.42 0.00 2,606.77 521.35 0.00 0.00 0.00 521.35 0.00 521.35 3137EAEF2 FHLMC Note 1.375% Due 04/20/2020 04/27/2017 04/28/2017 460,000.00 457,741.40 0.00 0.00 457,741.40 2,301.60 0.00 2,828.68 527.08 0.00 0.00 0.00 527.08 0.00 527.08 3137EAEK1 FHLMC Note 1.875% Due 11/17/2020 01/18/2018 01/19/2018 600,000.00 594,780.00 0.00 0.00 594,780.00 3,312.50 0.00 4,250.00 937.50 0.00 0.00 0.00 937.50 0.00 937.50 3137EAEL9 FHLMC Note 2.375% Due 02/16/2021 03/13/2018 03/14/2018 600,000.00 0.00 598,068.00 0.00 598,068.00 0.00 (1,108.33) 1,781.25 672.92 0.00 0.00 0.00 672.92 0.00 672.92 Chandler Asset Management 338 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 40428HPV8 HSBC USA Inc Note 2.75% Due 08/07/2020 11/16/2017 11/20/2017 290,000.00 293,569.90 0.00 0.00 293,569.90 531.67 0.00 1,196.25 664.58 0.00 0.00 0.00 664.58 0.00 664.58 43814PAB6 Honda Auto Receivables Owner T 17-3 A2 1.57% Due 01/21/2020 09/25/2017 09/29/2017 150,000.00 149,986.67 0.00 0.00 149,986.67 85.04 196.25 85.04 196.25 0.00 0.00 0.00 196.25 0.00 196.25 459058ER0 Intl. Bank Recon & Development Note 1% Due 10/05/2018 03/30/2016 03/31/2016 450,000.00 449,667.00 0.00 0.00 449,667.00 1,825.00 0.00 2,200.00 375.00 0.00 0.00 0.00 375.00 0.00 375.00 459200HM6 IBM Corp Note 1.625% Due 05/15/2020 02/07/2018 02/09/2018 400,000.00 392,596.00 0.00 0.00 392,596.00 1,913.89 0.00 2,455.56 541.67 0.00 0.00 0.00 541.67 0.00 541.67 45950KCM0 International Finance Corp Note 2.25% Due 01/25/2021 01/24/2018 01/26/2018 500,000.00 498,580.00 0.00 0.00 498,580.00 1,125.00 0.00 2,062.50 937.50 0.00 0.00 0.00 937.50 0.00 937.50 46625HKA7 JP Morgan Chase Callable Note Cont 12/23/2019 2.25% Due 01/23/2020 08/23/2017 08/28/2017 400,000.00 403,336.00 0.00 0.00 403,336.00 950.00 0.00 1,700.00 750.00 0.00 0.00 0.00 750.00 0.00 750.00 47788BAB0 John Deere Owner Trust 2017-B A2A 1.59% Due 04/15/2020 07/11/2017 07/18/2017 155,511.19 169,985.23 0.00 14,487.55 155,497.68 120.13 225.25 109.89 215.01 0.00 0.00 0.00 215.01 0.00 215.01 5949188F0 Microsoft Note 1.3% Due 11/03/2018 10/29/2015 11/03/2015 130,000.00 129,870.00 0.00 0.00 129,870.00 553.94 0.00 694.78 140.84 0.00 0.00 0.00 140.84 0.00 140.84 5949188G8 Microsoft Callable Note Cont. 10/03/20 2% Due 11/03/2020 07/11/2017 07/14/2017 270,000.00 270,999.00 0.00 0.00 270,999.00 1,770.00 0.00 2,220.00 450.00 0.00 0.00 0.00 450.00 0.00 450.00 65478GAB6 Nissan Auto Receivables Owner 2017-B A2A 1.56% Due 05/15/2020 08/16/2017 08/23/2017 510,000.00 509,979.96 0.00 0.00 509,979.96 353.60 663.00 353.60 663.00 0.00 0.00 0.00 663.00 0.00 663.00 68389XBK0 Oracle Corp Callable Note Cont 8/01/21 1.9% Due 09/15/2021 10/26/2017 10/31/2017 400,000.00 395,816.00 0.00 0.00 395,816.00 3,504.44 3,800.00 337.78 633.34 0.00 0.00 0.00 633.34 0.00 633.34 Chandler Asset Management 339 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 747525AG8 Qualcomm Inc Note 1.4% Due 05/18/2018 06/16/2015 06/19/2015 220,000.00 219,205.80 0.00 0.00 219,205.80 864.11 0.00 1,120.78 256.67 0.00 0.00 0.00 256.67 0.00 256.67 857477AV5 State Street Bank Note 1.95% Due 05/19/2021 07/12/2017 07/17/2017 400,000.00 396,056.00 0.00 0.00 396,056.00 2,210.00 0.00 2,860.00 650.00 0.00 0.00 0.00 650.00 0.00 650.00 89237RAB4 Toyota Auto Receivable 2017-C A2A 1.58% Due 07/15/2020 07/25/2017 08/02/2017 500,000.00 499,995.25 0.00 0.00 499,995.25 351.11 658.33 351.11 658.33 0.00 0.00 0.00 658.33 0.00 658.33 89238BAB8 Toyota Auto Receivables Owner 2018-A A2A 2.1% Due 10/15/2020 01/23/2018 01 /31 /2018 265,000.00 264,972.92 0.00 0.00 264,972.92 479.21 695.63 247.33 463.75 0.00 0.00 0.00 463.75 0.00 463.75 91159HHL7 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 01/29/2021 07/19/2017 07/24/2017 400,000.00 404,036.00 0.00 0.00 404,036.00 835.56 0.00 1,618.89 783.33 0.00 0.00 0.00 783.33 0.00 783.33 912828G53 US Treasury Note 1.875% Due 11/30/2021 08/28/2017 08/29/2017 600,000.00 604,994.20 0.00 0.00 604,994.20 2,812.50 0.00 3,770.60 958.10 0.00 0.00 0.00 958.10 0.00 958.10 912828J50 US Treasury Note 1.375% Due 02/29/2020 07/25/2017 07/26/2017 600,000.00 598,408.26 0.00 0.00 598,408.26 22.42 0.00 717.39 694.97 0.00 0.00 0.00 694.97 0.00 694.97 912828L32 US Treasury Note 1.375% Due 08/31/2020 600,184.82 22.42 0.00 Various 0.00 0.00 0.00 Various 0.00 717.39 0.00 600,000.00 600,184.82 694.97 694.97 0.00 694.97 912828L40 US Treasury Note 1% Due 09/15/2018 10/29/2015 11/02/2015 450,000.00 449,667.52 0.00 0.00 449,667.52 2,075.97 2,250.00 207.88 381.91 0.00 0.00 0.00 381.91 0.00 381.91 912828M98 US Treasury Note 1.625% Due 11/30/2020 11/29/2016 11/30/2016 570,000.00 568,331.99 0.00 0.00 568,331.99 2,315.63 0.00 3,104.46 788.83 0.00 0.00 0.00 788.83 0.00 788.83 912828Q37 US Treasury Note 1.25% Due 03/31/2021 04/27/2017 04/28/2017 375,000.00 369,024.69 0.00 0.00 369,024.69 1,957.42 2,343.75 12.81 399.14 0.00 0.00 0.00 399.14 0.00 399.14 Chandler Asset Management 340 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 912828078 US Treasury Note 1.375% Due 04/30/2021 05/25/2017 05/31/2017 500,000.00 494,650.11 0.00 0.00 494,650.11 2,304.26 0.00 2,889.77 585.51 0.00 0.00 0.00 585.51 0.00 585.51 912828S43 US Treasury Note 0.75% Due 07/15/2019 08/01/2016 08/02/2016 435,000.00 434,780.56 0.00 0.00 434,780.56 405.56 0.00 684.94 279.38 0.00 0.00 0.00 279.38 0.00 279.38 912828SD3 US Treasury Note 1.25% Due 01/31/2019 04/29/2015 04/30/2015 400,000.00 401,095.09 0.00 0.00 401,095.09 400.55 0.00 828.73 428.18 0.00 0.00 0.00 428.18 0.00 428.18 912828ST8 US Treasury Note 1.25% Due 04/30/2019 449,676.31 1,880.18 0.00 Various 0.00 0.00 0.00 Various 0.00 2,361.88 0.00 450,000.00 449,676.31 481.70 481.70 0.00 481.70 912828TH3 US Treasury Note 0.875% Due 07/31/2019 03/30/2016 03/31/2016 400,000.00 398,204.46 0.00 0.00 398,204.46 280.39 0.00 580.11 299.72 0.00 0.00 0.00 299.72 0.00 299.72 912828UB4 US Treasury Note 1% Due 11/30/2019 10/29/2015 11/02/2015 450,000.00 443,181.20 0.00 0.00 443,181.20 1,125.00 0.00 1,508.24 383.24 0.00 0.00 0.00 383.24 0.00 383.24 912828UL2 US Treasury Note 1.375% Due 01/31/2020 12/08/2016 12/09/2016 490,000.00 489,312.58 0.00 0.00 489,312.58 539.74 0.00 1,116.71 576.97 0.00 0.00 0.00 576.97 0.00 576.97 912828UU2 US Treasury Note Due 03/31/2018 510,637.68 1,628.57 0.00 09/03/2014 0.00 1,851.92 0.00 09/04/2014 510,637.68 0.00 0.00 0.00 0.00 223.35 223.35 0.00 223.35 912828UV0 US Treasury Note 1.125% Due 03/31/2020 596,517.64 2,818.68 0.00 Various 0.00 3,375.00 0.00 Various 0.00 18.45 0.00 600,000.00 596,517.64 574.77 574.77 0.00 574.77 912828UZ1 US Treasury Note 0.625% Due 04/30/2018 411,180.30 866.97 0.00 Various 0.00 0.00 0.00 Various 0.00 1,089.09 0.00 415,000.00 411,180.30 222.12 222.12 0.00 222.12 912828VK3 US Treasury Note 1.375% Due 06/30/2018 02/26/2015 02/27/2015 400,000.00 402,954.47 0.00 0.00 402,954.47 911.60 0.00 1,382.60 471.00 0.00 0.00 0.00 471.00 0.00 471.00 Chandler Asset Management 341 of 647 Execution Time: 4/3/2018 12:02:28 AM City of National City Account #10162 Income Earned 2/28/18 Thru 3/31/18 CUSIP Security Description Trade Date Book Value: Begin Prior Accrued Accr. Of Discount Settle Date Book Value: Acq Inc. Received Amort. Of Premium Units Book Value: Disp Ending Accrued Net Accret/Amort Book Value: End Total Interest Income Earned Unreal G/L Total Income 912828XK1 US Treasury Note 0.875% Due 07/15/2018 07/31/2015 07/31/2015 450,000.00 448,560.10 0.00 0.00 448,560.10 489.47 0.00 826.66 337.19 0.00 0.00 0.00 337.19 0.00 337.19 TOTAL Fixed Income 27,760,511.19 27,912,684.83 1,194,714.00 1,387,150.03 27,720,248.80 99,324.45 35,641.55 99,072.47 35,389.57 0.00 0.00 0.00 35,389.57 0.00 35,389.57 Cash & Equivalent 06417GXH6 Bank of Nova Scotia Yankee CD 1.57% Due 08/09/2018 08/08/2017 08/09/2017 520,000.00 520,000.00 0.00 0.00 520,000.00 4,626.27 0.00 5,329.28 703.01 0.00 0.00 0.00 703.01 0.00 703.01 06538CCD1 Bank of Tokyo Mitsubishi NY Discount CP Due 03/13/2018 11/07/2017 11/08/2017 0.00 592,004.34 0.00 592,004.34 0.00 2,708.08 2,995.66 0.00 287.58 0.00 0.00 0.00 287.58 0.00 287.58 06538CFD8 Bank of Tokyo Mitsubishi NY Discount CP 2.1% Due 06/13/2018 03/13/2018 03/13/2018 595,000.00 0.00 591,806.83 0.00 591,806.83 0.00 0.00 659.46 659.46 0.00 0.00 0.00 659.46 0.00 659.46 36164KHH7 GE Capital Treasury LLC Discount CP 2% Due 08/17/2018 02/12/2018 02/12/2018 500,000.00 494,833.33 0.00 0.00 494,833.33 472.22 0.00 1,333.33 861.11 0.00 0.00 0.00 861.11 0.00 861.11 60934N807 Federated Investors Govt Oblig Fund Inst. 35,192.37 0.00 0.00 Various 840,360.02 85.85 0.00 Various 593,953.19 0.00 0.00 281,599.20 281,599.20 85.85 85.85 0.00 85.85 89113W6Q4 Toronto Dominion NY Yankee CD 1.6% Due 08/24/2018 12/19/2017 12/20/2017 350,000.00 349,545.00 0.00 0.00 349,545.00 3,422.22 0.00 3,904.44 482.22 0.00 0.00 0.00 482.22 0.00 482.22 TOTAL Cash & Equivalent 2,246,599.20 1,991,575.04 1,432,166.85 1,185,957.53 2,237,784.36 11,228.79 3,081.51 11,226.51 3,079.23 0.00 0.00 0.00 3,079.23 0.00 3,079.23 TOTAL PORTFOLIO 30,007,110.39 29,904,259.87 2,626,880.85 2,573,107.56 29.958 033.16 110,553.24 38,723.06 110,298.98 38,468.80 0.00 0.00 0.00 38,468.80 0.00 38,468.80 Chandler Asset Management 342 of 647 Execution Time: 4/3/2018 12:02:28 AM l'OFSA� COUNTY OrSAN D E O 1 tESTMENT POOL TREASURY INWSTMENT RESULTS MAR 2018 County of San Diego Treasurer -Tax Collector 11600 Pacific Hwy, San Diego, CA 92101 I www.sdttc.com 343 of 647 PARTICIPANT PARTICIPANT CASH BALANCES County of San Diego Pooled Money Fund As of March 31, 2018 ($000) FMV FMV FMV % of 01/31/18 02/28/18 03/31/18 Total PARTICIPANT COUNTY COUNTY- SPECIAL TRUST FUNDS NON -COUNTY INVESTMENT FUNDS SCHOOLS - (K THRU 12) COMMUNITY COLLEGES San Diego Grossmont Mira Costa Palomar Southwestern FMV FMV FMV % of 01/31/18 02/28/18 03/31/18 Total $ 829,038 $ 866,474 $ 1,357,342 13.49% Lakeside FPD 2,646,621 2,644,749 2,559,456 25.43% Leucadia Wastewater District 140,501 144,052 147,756 1.46% Lower Sweetwater FPD 4,645,607 4,465,054 4,300,603 42.73% Metropolitan Transit System Mission Resource Conservation District North County Cemetery District 286,622 241,608 228,435 2.27% North County Dispatch 94,916 90,857 88,432 0.88% North County FPD 153,467 146,936 137,500 1.37% Otay Water District 346,793 323,141 309,536 3.08% Pomerado Cemetery District 276,094 263,792 265,262 2.63% Public Agencies Self -Insurance System Total Community Colleges FIRST 5 COMMISSION SANCAL SDCERA CITIES Chula Vista Coronado Del Mar Encinitas National City INDEPENDENT AGENCIES Alpine FPD Bonita-Sunnyside FPD Borrego Springs FPD Canebrake County Water District Deer Springs FPD Fallbrook Public Utility District Grossmont Healthcare District Julian-Cuyamaca FPD Lake Cuyamaca Rec & Park District 1,157,891 1,066,333 1,029,164 10.23% Ramona Cemetery District Rancho Santa Fe FPD 40,142 34,745 40,699 Rincon del Diablo Municipal Water District 1,667 1,608 1,619 SANDAG 596 595 598 SD County Regional Airport Authority San Diego Housing Commission San Diego Geographic lnformation Source 132,934 130,701 128,317 San Diego Law Library 19,900 19,874 19,964 San Diego Local Agency Formation Comm 2,594 2,590 2,602 San Diego Regional Training Center 2 2 2 San Dieguito River Park 8,122 8,112 8,148 San Marcos FPD 2,038 1,821 1,321 5,604 5,671 5,695 1,470 1,501 1,507 51 51 51 11,626 11,746 10,427 15 15 15 1,018 1,017 1,021 271 156 30 373 366 332 San Miguel Consolidated FPD Santa Fe Irrigation District Serra Cooperative Library System Upper San Luis Rey Resource Consery Dist Vallecitos Water District Valley Center FPD Valley Center Cemetery District Valley Center Water District Vista FPD 9,091 9,580 652 7,587 310 4,331 3,714 4,138 8,092 1,870 3,395 997 14,866 3,053 37,262 265,922 20,728 798 3,266 1,349 568 1,041 1 8,563 4,220 230 47 5,183 3,109 373 23,768 3,339 8,850 9,568 561 7,452 311 4,399 3,071 3,494 8,082 1,840 3,391 966 14,522 3,049 38,206 266,472 20,701 916 3,313 1,234 773 1,081 1 7,120 4,214 230 47 5,177 2,903 373 25,043 3,335 7,570 9,611 561 7,262 312 4,442 3,256 2,414 8,114 1,784 3,406 946 13,075 3,063 39,665 267,541 20,794 771 3,356 1,135 651 1,140 1 6,355 4,233 231 47 5,200 2,622 375 24,575 2,653 Total Voluntary Participants 679,864 671,264 669,509 6.66% Pooled Money Fund Total $ 10,099,523 $ 9,857,927 $ 10,063,832 100.00% 344 of 647 Please see the balances below for National City: National City PoolYTM: 1.708 Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended March 31, 2018 Current Month Prior Month Prior Quarter PriorYear 3/31/2018 2/28/2018 12/31/2011 3/31/2017 COSD Pool Market Price 99,408% 99.129% 98.882% 99.227% Fund Description Oracle Cash Balance Market Value Market Value Market Value Market Value 44077 NATIONAL CITY INVESTMENT FUND 8,196,731 8,148,203 8,111,723 8,076,751 5,072,589 Total for National City 8,196,731 8,148,203 8,111,723 8,076,751 5,072,589 Let me know if you need anything else. Thank you. http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontaldeft;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Steven Wong Associate Accountant San Diego County Treasurer -Tax Collector's Office Phone: 619.685.2640 I Fax: 619.446.8222 I www.sdttc.com SIGN UP fo-r-.1.1111111 MUM e-NOTIFICATION �i Click here to receive Property Tax Bill Reminders 345 Of 647 Please see the balances below for National City: National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended February 28, 2018 Current Month 2/28/2018 COED Pool Market Price 99.129% Fund Description 44077 NATIONAL CITY INVESTMENT FUND Total for National City Oracle Cash Balance Market Value 8,111, 723 8,183,012 8,111,723 8,183,012 Prior Month 1/31/2018 99.256% Market Value 8,122, 099 8,122,099 Pool YTM: 1.615 Prior Quarter 11/30/2017 99.035% Market Value 8,089,240 8,389,240 Prior Year 2/28/2017 99.504% Market Value 5,086,757 5,086, 757 Let me know if you need anything else. Thank you. http://www.sdtreastax.com/" style='position:absolute;margin-left:0;margin-top:0;width:52.55pt;height:52.55pt;z- index:251659264;visibility:visible;mso-wrap-style:square;mso-width-percent:0;mso-height-percent:0;mso-wrap-distance-left:0;mso-wrap- distance-top:0;mso-wrap-distance-right:9pt;mso-wrap-distance-bottom:0;mso-position-horizontakleft;mso-position-horizontal- relative:text;mso-position-vertical:absolute;mso-position-vertical-relative:text;mso-width-percent:0;mso-height-percent:0;mso-width- relative:page;mso-height-relative:page' o:button="t"> Steven Wong Associate Accountant San Diego County Treasurer -Tax Collector's Office Phone: 619.685.2640 I Fax: 619.446.8222 I www.sdttc.com 346 of 647 Please see the balances below for National City: National City Conversion of Oracle Cash Balance to COSD Pool Market Price Month Ended January 31ft 2018 Current Month Prior Month Prior Quarter PriorYea COSD Pool Market Price Fund Description 4077 NAT O N. L C TY NV ESTMENT FUN D Total for Nati onal City 1/31/2018 Pool YTM: 1575 12/31/2417 10/31/2017 1/31/2017 99.256k 98. N 2% 98.971% 99.416% Oracle Cash Balance Market Value MarketValire Market Value Market Value 8,122,099 8,076,751 8,076,235 5,082,243 8,183,012 8,1.22,099 8,076,751 8,076,235 5,082,243 8,183,012 Let me know if you need anything else. Thank you. Steven Wong Associate Accountant San Diego County Treasurer -Tax Collector's Office Phone: 619.685.2640 I Fax: 619.446.8222 I www.sdttc.com Click here to receive Property Tax Bill Reminders 347 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 348 The following page(s) contain the backup material for Agenda Item: Warrant Register #42 for the period of 04/11/18 through 04/17/18 in the amount of $455,059.74. (Finance) 348 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #42 for the period of 04/11/18 through 04/17/18 in the amount of $455,059.74. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/11/18 through 04/17/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of Chula Vista 334764 211,044.00 Animal Shelter Fees 7/1/17-12/31/17 FINANCIAL STATEMENT: APPROVED: `—/ teams ACCOUNT NO. Warrant total $455,059.74. FINANCE 1 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 $455,059.74 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #42 349 of 647 CALIFORNIA+�__ 1/3 PAYEE ABLE PATROL & GUARD AETNA BEHAVIORAL HEALTH AMAZON BAKER & TAYLOR BIBLIOTHECA LLC CAPF CALIFORNIA LAW ENFORCEMENT CYNTHIA TITGEN CONSULTING INC FEDEX GOVERNMENT FINANCE JENSEN, M MIDWEST TAPE NEW READERS PRESS STAPLES BUSINESS ADVANTAGE VISION SERVICE PLAN WILSON, R ZIMMER, S CASTANEDA, J DELGADO, D DENVER TECH CENTER MARRIOTT ACE UNIFORMS & ACCESSORIES INC ACME SAFETY & SUPPLY CORP ALDEMCO ALL FRESH PRODUCTS ARJIS AT&T BOOT WORLD BRAD C WOODALL MAI BSN SPORTS LLC CANON SOLUTIONS AMERICA INC. CEB CHELIUS, A CITY OF CHULA VISTA CLEAN HARBORS ENVIRONMENTAL COLANTUONO HIGHSMITH COUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY CURVATURE LLC DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DALEY & HEFT LLP DATA TICKET INC DELL MARKETING L P ECOLAB ENTERPRISE FLEET MANAGEMENT EQUIFAX INFORMATION SVCS ERGOMETRICS FACTORY MOTOR PARTS GOVCONNECTION INC NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #42 4/17/2018 DESCRIPTION SECURITY GUARD SERVICE FOR FY2018 - LIBRARY EMPLOYEE ASSISTANCE PROGRAM APRIL 2018 BOOKS -LIBRARY BOOKS -LIBRARY THERMAL RECEIPT PAPER - LIBRARY FIRE LTD /APRIL 2018 PD LTD / APRIL 2018 AGREEMENT FOR RISK SERVICES SHIPPING FOR LHR - LIBRARY GFOA MEMBERSHIP RENEWAL / FINANCE REIMBURSEMENT / TABLE FOR MARIACHI FEST AUDIO VISUAL MATERIALS / LIBRARY MATERIALS FOR LEARNERS & TUTORS - LIBRARY MOP #45704/OFFICE SUPPLIES/HR VISION SERVICE PLAN (CA) / APRIL 2018 EDUCATION REIMBURSEMENT MILEAGE & PARKING REIMBURSEMENT - LIBRARY REIMB FOR TRAVEL EXPENSES TO CPR TRAINING REIMB FOR TRAVEL EXPENSES TO CPR TRAINING GOVERNMENT SOCIAL MEDIA CONF / MAXILOM SWAT UNIFORM / PD SUPPLIES FOR STREETS FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER ARJIS PHONES / PD AT&T SBC PHONE SERVICE APRIL MOP 64096 /SAFETY BOOTS/HOUSING APPRAISAL SERVICE/HOUSING INDOOR AND OUTDOOR SOCCER GOALS / CSD PLOTTER/PRINTER / ENG BOOKS / CITY ATTORNEY'S OFFICE TRAINING ADV SUB ICAC / PD ANIMAL SHELTER FEES 7/1/17-12/31/17 / PD HOUSEHOLD HAZARDOUS WASTE - ENG/PW LIABILITY CLAIM COST NEXTGEN REGIONAL COMMUNICATIONS SYSTEM M EXPENDITURE REIMBURSEMENT 7/2017/HOUSING SFP-H10GB-CU1 M-V03-CURV TRANSCEIVER / MIS LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST LIABILITY CLAIM COST DATA TICKET PARKING ENF FEBRUARY/ NSD OPTIPLEX 3050 TOWER / MIS SUPPLIES FOR DISHWASHER / NUTRITION ENTERPRISE LEASE AND MAINT - ENG/PW CREDIT REPORTING FOR SEC8 APPLICANTS POLICE CORPORAL & SERGEANT TESTING SYNTHETIC BLE MISSION FLUID / PW SAMSUNG 65" I- 350 of 647 HD LED-LCD / MIS CHK NO DATE AMOUNT 334731 4/16/18 3,034.75 334732 4/16/18 816.24 334733 4/16/18 1,547.11 334734 4/16/18 1,183.32 334735 4/16/18 622.00 334736 4/16/18 931.00 334737 4/16/18 2,058.00 334738 4/16/18 3,045.00 334739 4/16/18 9.99 334740 4/16/18 595.00 334741 4/16/18 39.86 334742 4/16/18 2,195.44 334743 4/16/18 1,101.73 334744 4/16/18 188.57 334745 4/16/18 808.78 334746 4/16/18 233.00 334747 4/16/18 21.96 334748 4/17/18 88.05 334749 4/17/18 950.05 334750 4/17/18 581.79 334751 4/17/18 301.67 334752 4/17/18 3,044.18 334753 4/17/18 6,028.46 334754 4/17/18 2,318.08 334755 4/17/18 2,009.02 334756 4/17/18 80.23 334757 4/17/18 97.40 334758 4/17/18 2,900.00 334759 4/17/18 819.97 334761 4/17/18 50.00 334762 4/17/18 274.55 334763 4/17/18 1,023.88 334764 4/17/18 211,044.00 334765 4/17/18 518.23 334766 4/17/18 290.32 334768 4/17/18 9,234.00 334769 4/17/18 3,380.16 334770 4/17/18 592.37 334771 4/17/18 2,393.86 334772 4/17/18 1,495.35 334773 4/17/18 966.74 334774 4/17/18 782.00 334775 4/17/18 2,322.18 334776 4/17/18 27,695.78 334777 4/17/18 104.74 334778 4/17/18 14,537.45 334779 4/17/18 51.17 334780 4/17/18 11,630.58 334781 4/17/18 614.15 334782 4/17/18 2,080.57 CALIFORNIAF__ 2/3 PAYEE GRAINGER HARRIS, ROY HOMESAFE ENVIRONMENTAL INC HONOR LIFE MEMORIALS HUTCHINSON, C IBARRA, G IRON MOUNTAIN JJJ ENTERPRISES KONICA MINOLTA LANGUAGE LINE SERVICES LEAGUE OF CALIFORNIA CITIES LEHR AUTO ELECTRIC LOCAL GOVERNMENT PUBLICATIONS LOPEZ, TERESA MCDOUGAL LOVE ECKIS MICRONICHE INC MOSS MTS MUNICIPAL CODE CORPORATION NATIONAL CITY TROPHY NGUOI VIET TODAY NEWS PACIFIC TELEMANAGEMENT SERVICE PADRE JANITORIAL SUPPLIES PARTS AUTHORITY METRO LLC PRO BUILD PRO -EDGE KNIFE PRUDENTIAL OVERALL SUPPLY SAN DIEGO COUNTY ASSESSOR SAN DIEGO GAS & ELECTRIC SAN DIEGO HOUSING FEDERATION SAN DIEGO UNION TRIBUNE SDG&E SEAPORT MEAT COMPANY SHRED IT USA SMART SOURCE OF CALIFORNIA LLC SOUTH COAST EMERGENCY SOUTHWEST BOULDER & STONE INC SPARKLETTS SPARKLETTS STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY TECHNOLOGY INTEGRATION GROUP THE BUMPER GUY INC THE COUNSELING TEAM THE FILIPINO PRESS INC THE HOME DEPOT CREDIT SERVICES THE LIGHTHOUSE INC THE STAR NEWS PUBLISHING COMP NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #42 4/17/2018 DESCRIPTION MOP 65179 BUILDING SUPPLIES / PW ARREST AND CONTROL TRAINING / PD TRAINING/HOUSING VETERAN'S WALL OF HONOR TILES ENGR SVC - TRAVEL MILEAGE REIMBURSEMENT TRAVEL REIMBURSEMENT/HOUSING RECORDS MANAGEMENT & DOCUMENT STORAGE FIRE AND SECURITY ALARM MONITORING / PW KONICA MINOLTA COPIER EQUIPMENT LEASE LANGUAGE LINE SERVICES / PD SD COUNTY DIVISION 2018 MEMBERSHIP DUES AUTO SUPPLIES / PW BOOKS / CITY ATTORNEY'S OFFICE INTERPRETATION SVCS. - COUNCIL MEETINGS LIABILITY CLAIM COST PROFESSIONAL SERVICES TRAINING ADV SUB DISP / PD MTS TROLLEY FLAGGER SERVICE FOR FY 2018 MUNICIPAL CODE SUPPLEMENT #49 MOP 66556 BUILDING SUPPLIES PW LEGAL ADVERTISING - NOTICE OF ELECTION PACIFIC TELECOMMUNICATIONS SERVICES - AP JANITORIAL SUPPLIES / NUTRITION MOP 75943 AUTO SUPPLIES PW MOP 45707 GENERAL SUPPLIES PW KNIFE SHARPING SERVICE / NUTRITION MOP 45742 LAUNDRY SERVICES PW BLDG RECORDS/HOUSING GAS & ELECTRIC UTILITIES / NUTRITION SD HOUSING FED MEMBERSHIP CITY WIDE T./N KENTON AVE. FACILITIES DIVISION GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER CITY'S SHREDDING SERVICE MOP PD PD-360A CARDS LADDER ELIMINATION & FLOODLIGHTS / FIRE SUPPLIES FOR MORGAN SQUARE WATER / NUTRITION WATER / MAYOR & COUNCIL MOP 45742. PD OFFICE SUPPLIES PARKS DIVISION WATER UTILITIES FOOD / NUTRITION CENTER 76666 SAFETY SUPPLIES PW SUPPLIES FOR MIS DEPARTMENT MATERIAL & PAINT TO REPAIR REAR BUMPER / PW CRISIS INTERVENTION / PD NOTICE OF ELECTION - TAGALOG GENERAL SUPPLIES NEEDED FOR BUILDINGS / PW MOP 45726 AUT STAR NEWS - AE 351 of 647 JOTICES CHK NO DATE AMOUNT 334783 4/17/18 389.26 334784 4/17/18 2,300.00 334785 4/17/18 170.00 334786 4/17/18 1,375.00 334787 4/17/18 14.17 334788 4/17/18 145.20 334789 4/17/18 546.75 334790 4/17/18 450.00 334791 4/17/18 3,287.44 334792 4/17/18 161.83 334793 4/17/18 1,500.00 334794 4/17/18 1,217.76 334795 4/17/18 143.56 334796 4/17/18 320.00 334797 4/17/18 3,497.50 334798 4/17/18 900.00 334799 4/17/18 458.43 334800 4/17/18 44.64 334801 4/17/18 2,600.35 334802 4/17/18 156.33 334803 4/17/18 60.00 334804 4/17/18 85.80 334805 4/17/18 419.28 334806 4/17/18 42.51 334807 4/17/18 2,975.98 334808 4/17/18 46.00 334809 4/17/18 200.06 334810 4/17/18 18.40 334811 4/17/18 1,508.52 334812 4/17/18 550.00 334813 4/17/18 2,770.04 334814 4/17/18 38,945.89 334815 4/17/18 703.85 334816 4/17/18 2,236.32 334817 4/17/18 435.73 334818 4/17/18 10,212.16 334819 4/17/18 295.30 334820 4/17/18 24.80 334821 4/17/18 2.00 334823 4/17/18 5,777.21 334824 4/17/18 724.15 334825 4/17/18 5,620.82 334826 4/17/18 463.98 334827 4/17/18 232.73 334828 4/17/18 481.80 334829 4/17/18 787.50 334830 4/17/18 150.00 334831 4/17/18 1,290.40 334832 4/17/18 637.82 334833 4/17/18 343.36 CALIFORNIAF__ 3/3 PAYEE U S BANK U S BANK U S BANK U S HEALTHWORKS VALLEY POWER SYSTEMS INC VCA MAIN ST ANIMAL HOSPITAL VERIZON WIRELESS VULCAN MATERIALS COMPANY WEST PAYMENT CENTER WETMORES WILLY'S ELECTRONIC SUPPLY WIRED PAYMENTS PAYCHEX BENEFIT TECHNOLOGIES SECTION 8 HAPS NATIONAL tarry 1141CORPORAT813 . WARRANT REGISTER #42 4/17/2018 DESCRIPTION CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / CSD CREDIT CARD EXPENSES / ENGINEERING DOT EXAM / HR SUPPLIES FOR PUBLIC WORKS VET CARE / PD VERIZON CELLULAR SERVICE MARCH 3/41N CLASS 2 BASE ASPHALT / PW WEST MONTHLY SERVICE FEE MOP 80333 AUTO SUPPLIES PW MOP #45763/ELECTRONIC SUPPLIES/MIS BENETRAC ESR SERVICES BASE FEE - APRIL Start Date End Date 4/11/2018 4/17/2018 CHK NO DATE AMOUNT 334834 4/17/18 5,351.88 334835 4/17/18 421.00 334836 4/17/18 39.33 334837 4/17/18 96.00 334838 4/17/18 536.16 334839 4/17/18 759.81 334840 4/17/18 230.39 334841 4/17/18 524.28 334842 4/17/18 596.70 334843 4/17/18 59.54 334844 4/17/18 1,950.75 A/P Total 437,019.20 100389 4/13/18 506.00 17,534.54 GRAND TOTAL $ 455,059.74 352 of 647 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF JUNE 2018. AYES NAYS ABSENT 353 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 354 The following page(s) contain the backup material for Agenda Item: Warrant Register #43 for the period of 04/18/18 through 04/24/18 in the amount of $1,851,239.88. (Finance) 354 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #43 for the period of 04/18/18 through 04/24/18 in the amount of $1,851,239.88. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/18/18 through 04/24/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation City of San Diego Eagle Paving Company Inc SDG&E Tritech Software Systems Public Emp Ret System 334852 334862 334893 334910 41918 58,083.00 229,289.75 61,768.54 82,148.63 233,488.20 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,851,239.88. Fire Dispatch Services Citywide Pedestrian Crossing Facilities Division Gas & Electric Utilities Licensing Renewal for Support / MIS Service Period 03/27/18 — 04/09/18 APPROVED: `1* �G FINANCE 1 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 $1,851,239.88 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #43 355 of 647 CALIFORNIA+�__ 1/2 PAYEE CHICAGO TITLE COMPANY ACCOUNTING UNIT ACIBO, RACHELLE BOOT WORLD BUISAN, ANGELITA CALIFORNIA AIR COMPRESSOR CO CALIFORNIA ELECTRIC SUPPLY CITY OF NATIONAL CITY CITY OF SAN DIEGO CLF WAREHOUSE INC COMMERCIAL AQUATIC SERVICE INC COUNTY OF SAN DIEGO CSA SAN DIEGO COUNTY DANIELS TIRE SERVICE DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DEPARTMENT OF TRANSPORTATION EAGLE PAVING COMPANY INC FERGUSON ENTERPRISES INC FRANCISCO ILIE GAMWELL, M GOODYEAR TIRE & RUBBER COMPANY GRAINGER H&E EQUIPMENT SERVICES INC HAAKER EQUIPMENT COMPANY HERNANDEZ, MARIO KELLETT, D LAKESHORE LEARNING MATERIALS LEFORTS SMALL ENGINE REPAIR LEHR AUTO ELECTRIC MARLO'S AUTO SPECIALTIES MORRAZ, ALEXIS NATIONAL CITY CAR WASH NATIONAL CITY TROPHY NBS O'REILLY AUTO PARTS PARTS AUTHORITY METRO LLC PEREZ, JUANA PINTO, LUIS PMW ASSOCIATES POWERSTRIDE BATTERY CO INC PRO BUILD PRO -TECH INDUSTRIES PRUDENTIAL OVERALL SUPPLY RED HELMET TRAINING RED WING SHOES STORE SAN DIEGO MIRAMAR COLLEGE SAN DIEGO UNION TRIBUNE SDG&E NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #43 4/24/2018 DESCRIPTION WITOD IMPROVEMENTS DEPT. OF TOXIC SUBSTANCES CONTROL NA010005078 - VIOLATION DISMISSED MOP# 64096. SAFETY APPAREL / PW NA020004760 - VIOLATION DISMISSED COMPRESSOR PARTS / PW MOP# 45698 ELECTRIC SUPPLIES PW PETTY CASH REPLENISHMENT / MARCH 2018 FIRE DISPATCH SERVICES MOP# 80331 AUTO SUPPLIES / PW TRAINING COURSE / PW CO OF SD SHARE OF PARKING CITATIONS REIMBURSEMENT CDBG AGREEMENT/HOUSING TIRES FOR CITY FLEET / PW DENTAL INS PREMIER - APRIL 2018 APRIL 2018 - GRP#05-0908601002 APRIL 2018 GRP #05-7029600000 HIGHWAY LIGHTING FOR FY 2018 CITYWIDE PEDESTRIAN CROSSING MOP# 45723 GEN. SUPPLIES PW NA020005151-BALANCE ADJUSTMENT REIMBURSEMENT/HOUSING TIRES FOR CITY FLEET FY 2018 MOP# 65179 BUILDING SUPPLIES PW KEY SINGLE / PW WATER PUMP / PW NA020005156-BALANCE ADJUSTMENT TRAINING REIMB TRAFFIC BASIC/KELLET/PD CLASSROOM SUPPLIES AND READING MATERIALS MOP# 80702. AUTO SUPPLIES / PW SUPPORT BRACE / PW LABOR & REPAIRS / PW P64252 - REFUND OF OVERPAYMENT MOP# 72454 MONTHLY CARWASH / PW MOP# 66556 BUILDING SUPPLIES LANDSCAPE MAINTENANCE DISTRICT - S A MOP# 75877 AUTO SUPPLIES PW MOP# 75943 AUTO SUPPLIES PW NA010006000-CITATION DISMISSED NA010005893 - OVERPAYMENT TRAINING TUITION MEDIA/SHEPHARD / PD MOP# 67839 AUTO SUPPLIES PW MOP# 45707 GENERAL SUPPLIES PW MIST, HAND SANITIZER / PW MOP# 45742 LAUNDRY SERVICES PW S-270 BASIC AIR OPS / FIRE SAFETY BOOTS / PW TRAINING POLICE 3 POLICE RECRUIT PUBLIC NOTICE INE FACILITIES DIVI 356 of 647 CTRIC UTILITIES CHK NO DATE AMOUNT 132093 4/24/18 25,000.00 334845 4/24/18 20,725.00 334846 4/24/18 35.00 334847 4/24/18 125.00 334848 4/24/18 90.00 334849 4/24/18 266.44 334850 4/24/18 1,096.46 334851 4/24/18 1,357.49 334852 4/24/18 58,083.00 334853 4/24/18 741.18 334854 4/24/18 395.00 334855 4/24/18 11,635.53 334856 4/24/18 2,028.16 334857 4/24/18 258.60 334858 4/24/18 16,138.69 334859 4/24/18 316.54 334860 4/24/18 2,805.66 334861 4/24/18 8,448.79 334862 4/24/18 229,289.75 334863 4/24/18 522.32 334864 4/24/18 35.00 334865 4/24/18 138.00 334866 4/24/18 1,238.00 334867 4/24/18 2,192.91 334868 4/24/18 66.46 334869 4/24/18 1,357.48 334870 4/24/18 35.00 334871 4/24/18 199.36 334872 4/24/18 855.68 334873 4/24/18 166.14 334874 4/24/18 54.60 334875 4/24/18 1,295.00 334876 4/24/18 35.00 334877 4/24/18 275.00 334878 4/24/18 69.33 334879 4/24/18 949.82 334880 4/24/18 316.38 334881 4/24/18 310.18 334882 4/24/18 35.00 334883 4/24/18 60.00 334884 4/24/18 420.00 334885 4/24/18 92.29 334886 4/24/18 2,720.39 334887 4/24/18 379.09 334888 4/24/18 387.29 334889 4/24/18 2,225.19 334890 4/24/18 125.00 334891 4/24/18 2,070.00 334892 4/24/18 1,341.20 334893 4/24/18 61,768.54 CALIFO RNIA F__ 2/2 PAYEE SHEPHARD, S SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY SOUTHERN CALIF TRUCK STOP SOUTHWEST BOULDER & STONE INC SPRINGER, K STAPLES BUSINESS ADVANTAGE SUPERIOR READY MIX SWEETWATER AUTHORITY SWEETWATER AUTHORITY THE SHERWIN WILLIAMS CO TINOSA INC TODD PIPE & SUPPLY LLC TOPECO PRODUCTS TRITECH SOFTWARE SYSTEMS T'S & SIGNS U S BANK U S BANK ULINE UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VALLEY INDUSTRIAL SPECIALTIES WESTFLEX INDUSTRIAL WETMORES WILLY'S ELECTRONIC SUPPLY Z A P MANUFACTURING INC WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM CHICAGO TITLE COMPANY PAYROLL Pay period Start Date 9 4/10/2018 NATIONAL tarry ? CORPQRAT8D . WARRANT REGISTER #43 4/24/2018 DESCRIPTION TRAINING ADV LODGE SUB MEDIA / PD MOP# 69277. LANDSCAPE SUPPLIES PW MOP 45756. GRADUATION SUPPLIES TINY TOTS REIMBURSEMENT CDBG AGREEMENT/HOUSING SEAL KIT, OIL / PW MOP# 45758 AUTO SUPPLIES / PW SUPPLIES FOR MORGAN SQUARE PROJECT-ENG TRAINING ADV LDG TASR/SPRING / PD MOP# 45704 OFFICE SUPPLIES PW CONCRETE DELIVERY SERVICES / PW FACILITIES DIVISION WATER UTILITIES SWEETWATER AUTHORITY - 500 E PLAZA BLVD. MOP# 77816 PAINTING SUPPLIES PW AIR COMPRESSOR MAINTENANCE / FIRE CITY WIDE PLUMBING MATERIALS / PW MOP 63849 AUTO SUPPLIES PW LICENSING RENEWAL FOR SUPPORT / MIS COMMUNITY SERVICE EMPLOYEE STAFF SHIRTS CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / ENGINEERING VERTICAL FILE CABINETS AND VINYL GLOVES/CSD UNDERGROUND SERVICE ALERT FY 2018 STREET SWEEPER REPAIRS FY 2018 MOP# 46453 BUILDING SUPPLIES PW MOP# 63850 PIPE SUPPLIES PW MOP# 80333 AUTO SUPPLIES PW MOP# 45763 AUTO SUPPLIES PW REMOVE AND REPLACE TRAFFIC SIGNS / PW SERVICE PERIOD 03/27/18 - 04/09/18 WITOD IMPROVEMENTS End Date 4/23/2018 Check Date 5/2/2018 CHK NO DATE AMOUNT 334894 4/24/18 396.00 334895 4/24/18 477.34 334896 4/24/18 212.71 334897 4/24/18 5,204.70 334898 4/24/18 1,425.75 334899 4/24/18 91.75 334900 4/24/18 343.85 334901 4/24/18 174.73 334902 4/24/18 217.63 334903 4/24/18 522.37 334904 4/24/18 5,225.97 334905 4/24/18 27.82 334906 4/24/18 55.78 334907 4/24/18 1,809.96 334908 4/24/18 2,389.76 334909 4/24/18 169.90 334910 4/24/18 82,148.63 334911 4/24/18 752.97 334912 4/24/18 3,332.75 334913 4/24/18 240.31 334914 4/24/18 678.64 334915 4/24/18 267.40 334916 4/24/18 408.78 334917 4/24/18 59.92 334918 4/24/18 493.71 334919 4/24/18 78.55 334920 4/24/18 255.54 334921 4/24/18 1,336.37 A/P Total 569,371.53 41918 4/19/18 233,488.20 132093 4/24/18 25,000.00 1,023,380.15 GRAND TOTAL $1,851,239.88 357 of 647 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF JUNE 2018. AYES NAYS ABSENT 358 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 359 The following page(s) contain the backup material for Agenda Item: Warrant Register #44 for the period of 04/25/18 through 05/01/18 in the amount of $1,937,933.26. (Finance) 359 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #44 for the period of 04/25/18 through 05/01/18 in the amount of $1,937,933.26. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 04/25/18 through 05/01/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation Health Net Inc 335024 88,669.60 GPR# R1192A — April 2018 Palm Engineering 335057 179,823.35 Westside Mobility Improv. Plumbers Depot Inc 335063 79,657.76 Rodder Series II — Eng/PW Tri Group Construction 335101 67,810.01 18th St. Pedestrian & Bicycle Project Kaiser Foundation HP 335119 192,027.78 Active Ins Grp 104220-0002 / April 18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,937,933.26. APPROVED: `d��/ Xe2.1644FINANCE 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 $1,937,933.26 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #44 360 of 647 1/5 PAYEE ADMINSURE INC BOOT WORLD CEB CHICANO FEDERATION COUNTY OF SAN DIEGO COUNTY OF SAN DIEGO DATA TICKET INC DAY WIRELESS SYSTEMS (20) DEPARTMENT OF JUSTICE EISER III, GEORGE IDEMIA IDENTITY & SECURITY USA MILLER, CHRISTOPHER OFFICE SOLUTIONS BUSINESS ROBERT HALF INTERNATIONAL SDLRLA SHARP REES STEALY MED GROUP SMART SOURCE OF CALIFORNIA LLC SOUTHWEST BOULDER & STONE INC STAPLES BUSINESS ADVANTAGE U S BANK U S HEALTHWORKS WEST PAYMENT CENTER COMPUTER PROTECTION TECH INC DFM ASSOCIATES LYNN PEAVEY MARTIN & CHAPMAN STATE OF CALIFORNIA 24 HOUR ELEVATOR INC ACCOUNTING UNIT ACEDO, I AGUIRRE, C ALDEMCO ALL FRESH PRODUCTS AMERICAN BACKFLOW SPECIALTIES ANDERSON, E AT&T AT&T ATKINS NORTH AMERICA INC AYDELOTTE, D BARRAZA, J BAVENCOFF JR, D BEARD, P BECK, L BETTER IMPACT USA INC BISHOP, R BOEGLER, C BOGLE, J BULL, P CALIFORNIA COMMERCIAL SECURITY CALIFORNIA ELECTRIC SUPPLY CALIFORNIA< -M'I.O1!11-.. L CV. f '_ 1' aaa ?DICORPORAT8D WARRANT REGISTER #44 5/1/2018 DESCRIPTION WC CLAIMS ADMINISTRATION MAY 2018 BOOTS, BUILDING BOOKS / CITY ATTORNEY'S OFFICE CHICANO FEDERATION ANNUAL UNITY / MORRISON CO OF SD SHARE OF PARKING CITATION / FEB CO OF SD SHARE OF PARKING CITATION / MARCH RETURNED DEPOSIT DUE TO CITY OF NORCO COMMUNICATIONS EQUIP MONTHLY SERVICE NEW EMPLOYEE FINGERPRINT TEST RESULTS / HR PROFESSIONAL SERVICES NEW EMPLOYEE FINGERPRINT TEST SUBMISSION ADVANCED DISABILITY PENSION PAYMENT DESK WORKSPACE FOR FM SUPERVISOR TEMPORARY STAFFING SERVICES / FINANCE SD LA RAZA LAWYERS ASSOCIATION/MORRISON PRE -EMPLOYMENT PHYSICALS MOP 63845. #10 ENVELOPE IMPRINTS SUPPLIES FOR MORGAN SQUARE-ENG/PW MOP 45704. OFFICE SUPPLIES / FINANCE CREDIT CARD EXPENSES / CITY ATTORNEY HEP A & B VACCINES AND ON -SITE FEE BOOKS / CITY ATTORNEY'S OFFICE EXTERNAL BATTERY REPLACEMENT / MIS 2018 CALIFORNIA ELECTION CODE / CITY CLERK INV 340891 / LAB SUPPLIES / PD 2018 ELECTION NOMINATION PAPERS / CITY CLERK SALES TAX LIABILITY PERIOD JAN-MARCH 2018 CITY WIDE ELEVATOR MAINTENANCE & REPAIRS DEPARTMENT OF TOXIC SUBSTANCES CONTROL RETIREE HEALTH BENEFIT FOR MAY 2018 OFFICE SUPPLIES REIMBURSEMENT/ HOUSING FOOD / NUTRITION CENTER FOOD / NUTRITION CENTER BACKFLOWS, GAUGES & VALVES / PW RETIREE HEALTH BENEFIT FOR MAY 2018 AT&T SBC PHONE SERVICE MARCH 2018 AT&T SBC PHONE SERVICE APRIL 2018 NC ALLEY DESIGN SERVICES TRAINING REIM SLI #1/AYDELOTTE / PD MURAL PAINTING / CAMACHO RECREATION CENTEF TRAINING REIMB CPCA/BAVENCOFF / PD RETIREE HEALTH BENEFIT FOR MAY 2018 RETIREE HEALTH BENEFIT FOR MAY 2018 ANNUAL SUBSCRIPTION / MIS RETIREE HEALTH BENEFIT FOR MAY 2018 RETIREE HEALTH BENEFIT FOR MAY 2018 EDUCATION REIMBURSEMENT RETIREE HEALTH BENEFIT FOR MAY 2018 ELECTRONIC D 4LLATION / PW HALCO LED25TI 361 of 647 /G6 LIGHT / PW CHK NO DATE AMOUNT 334922 4/30/18 7,169.16 334923 4/30/18 125.00 334924 4/30/18 250.84 334925 4/30/18 75.00 334926 4/30/18 11,037.78 334927 4/30/18 7,780.43 334928 4/30/18 25.00 334929 4/30/18 665.75 334930 4/30/18 448.00 334931 4/30/18 3,477.50 334932 4/30/18 28.00 334933 4/30/18 3,467.84 334934 4/30/18 3,795.15 334935 4/30/18 8,463.00 334936 4/30/18 100.00 334937 4/30/18 118.00 334938 4/30/18 143.56 334939 4/30/18 4,992.25 334940 4/30/18 1,686.54 334941 4/30/18 2,477.08 334942 4/30/18 3,558.00 334943 4/30/18 953.25 334945 4/30/18 11,966.13 334946 4/30/18 53.88 334947 4/30/18 2,957.60 334948 4/30/18 104.59 334949 4/30/18 2,525.00 334950 5/1/18 1,795.00 334951 5/1/18 1,592.18 334952 5/1/18 160.00 334953 5/1/18 62.10 334954 5/1/18 2,583.49 334955 5/1/18 825.19 334956 5/1/18 1,152.18 334957 5/1/18 110.00 334958 5/1/18 8,924.40 334959 5/1/18 360.20 334960 5/1/18 1,512.50 334961 5/1/18 170.54 334962 5/1/18 400.00 334963 5/1/18 403.56 334964 5/1/18 70.00 334965 5/1/18 140.00 334966 5/1/18 800.00 334967 5/1/18 110.00 334968 5/1/18 260.00 334969 5/1/18 566.38 334970 5/1/18 580.00 334971 5/1/18 1,066.78 334972 5/1/18 506.95 2/5 CALIFO RNIA F__ NisknoNAL law rNCO R P QR AT8D • WARRANT REGISTER #44 5/1/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT CANON SOLUTIONS AMERICA INC. MAINTENANCE AGREEMENT MARCH 334973 5/1/18 129.29 CARRILLO, R RETIREE HEALTH BENEFIT FOR MAY 2018 334974 5/1/18 290.00 CASAS, LAURA TRANSLATION SVCS. - 04-17-18 COUNCIL MEETING 334975 5/1/18 225.00 CHELIUS, A TRAINING ADV PER DIEM ICAC/CHELIUS / PD 334976 5/1/18 407.00 CLAIMS MANAGEMENT ASSOCIATES PROFESSIONAL SERVICES 334977 5/1/18 4,320.00 COLANTUONO HIGHSMITH LIABILITY CLAIM COST 334978 5/1/18 272.29 COLE, L RETIREE HEALTH BENEFIT FOR MAY 2018 334979 5/1/18 165.00 COLLINSON, C RETIREE HEALTH BENEFIT FOR MAY 2018 334980 5/1/18 420.00 CONDON, D RETIREE HEALTH BENEFIT FOR MAY 2018 334981 5/1/18 280.00 CORDERO, E RETIREE HEALTH BENEFIT FOR MAY 2018 334982 5/1/18 520.00 CORPUZ, T RETIREE HEALTH BENEFIT FOR MAY 2018 334983 5/1/18 140.00 COX COMMUNICATIONS COX DATA SERVICES APRIL 2018 334985 5/1/18 3,858.11 CSAC EXCESS INS AUTHORITY CERTIFICATE OF INSURANCE MANAGEMENT 334986 5/1/18 825.00 CURVATURE LLC 1000BASE-T-SFP CURVATURE BRANDED / MIS 334987 5/1/18 936.16 DALEY & HEFT LLP LIABILITY CLAIM COST 334988 5/1/18 2,395.29 DANESHFAR, Z RETIREE HEALTH BENEFIT FOR MAY 2018 334989 5/1/18 250.00 DELL AWARDS AWARDS FOR LE PARTNERS / PD 334990 5/1/18 405.68 DESROCHERS, P RETIREE HEALTH BENEFIT FOR MAY 2018 334991 5/1/18 110.00 DI CERCHIO, A RETIREE HEALTH BENEFIT FOR MAY 2018 334992 5/1/18 70.00 DIAZ, M RETIREE HEALTH BENEFIT FOR MAY 2018 334993 5/1/18 680.00 DILLARD, S RETIREE HEALTH BENEFIT FOR MAY 2018 334994 5/1/18 480.00 DIMENSION DATA CISCO SWITCH SMARTNET 334995 5/1/18 21,309.81 DIMENSION DATA CISCO SMARTNET SOFTWARE ANNUAL RENEWAL 334996 5/1/18 18,096.50 DISCOUNT SPECIALTY CHEMICALS HAND SANITIZER WIPES 334997 5/1/18 339.82 D-MAX ENGINEERING STORM WATER SERVICES 17-18 334998 5/1/18 23,935.67 DOKKEN ENGINEERING PLAZA BLVD. WIDENING PROJECT 334999 5/1/18 6,245.21 DREDGE, J RETIREE HEALTH BENEFIT FOR MAY 2018 335000 5/1/18 250.00 EISER III, G PROFESSIONAL SERVICES 335001 5/1/18 10,747.50 ESGIL CORPORATION PLAN CHECKS, BUILDING 335002 5/1/18 22,199.51 FABINSKI, D RETIREE HEALTH BENEFIT FOR MAY 2018 335003 5/1/18 220.00 FERGUSON ENTERPRISES INC MOP# 45723 PIPE SUPPLIES PW 335004 5/1/18 545.39 FERNANDEZ, R RETIREE HEALTH BENEFIT FOR MAY 2018 335005 5/1/18 270.00 FIFIELD, K RETIREE HEALTH BENEFIT FOR MAY 2018 335006 5/1/18 540.00 FIRE ETC BOOTS, FIRE 335007 5/1/18 444.79 FLORES JR, R LICENSE REIMBURSEMENT 335008 5/1/18 120.99 FON JON PET CARE CENTER BOARD AND CARE OF K9S 335009 5/1/18 1,645.00 G & A AUTOMOTIVE INC PARTS -CONNECTION, THERMOSTAT / PW 335010 5/1/18 1,116.11 GELSKEY, K RETIREE HEALTH BENEFIT FOR MAY 2018 335011 5/1/18 115.00 GIBBS JR, R RETIREE HEALTH BENEFIT FOR MAY 2018 335012 5/1/18 120.00 GISH, J RETIREE HEALTH BENEFIT FOR MAY 2018 335013 5/1/18 290.00 GONZALES, M RETIREE HEALTH BENEFIT FOR MAY 2018 335014 5/1/18 480.00 GOVCONNECTION INC SURFACE PRO 15 4G / MIS 335015 5/1/18 6,020.37 GRAINGER MOP# 65179 GENERAL SUPPLIES PW 335016 5/1/18 384.79 GRANICUS INC GOVERNMENT TRANSPARENCY SUITE MARCH 2018 335017 5/1/18 1,477.35 GROSSMAN PSYCHOLOGICAL PSYCH EVALS FOR FEBRUARY / PD 335018 5/1/18 1,800.00 HANSEN, E REIMB: DAN HANSEN DISPATCH MOP / PD 335019 5/1/18 230.81 HANSON, E RETIREE HEALTH BENEFIT FOR MAY 2018 335020 5/1/18 135.00 HARLAN, M RETIREE HEALTH BENEFIT FOR MAY 2018 335021 5/1/18 500.00 HAUG, S RETIREE HEAL" MAY 2018 335022 5/1/18 120.00 362 of 647 HEALTH NET GRP #N7176F -. 335023 5/1/18 3,387.47 3/5 CALIFO RNIA F__ NisknoNAL law rNCO R P QR AT8D • WARRANT REGISTER #44 5/1/2018 PAYEE DESCRIPTION CHK NO DATE AMOUNT HEALTH NET INC GRP #R1192A- APRIL 2018 335024 5/1/18 88,669.60 HERNANDEZ, R RETIREE HEALTH BENEFIT FOR MAY 2018 335025 5/1/18 400.00 HODGES, B RETIREE HEALTH BENEFIT FOR MAY 2018 335026 5/1/18 200.00 HUB CONSTRUCTION WORK TOOLS FOR STREET DIVISION 335027 5/1/18 529.18 IBARRA, J RETIREE HEALTH BENEFIT FOR MAY 2018 335028 5/1/18 780.00 INNOVATIVE CONSTRUCTION CITYWIDE PED. MIDBLOCK C. PROJECT 335029 5/1/18 42,805.00 INTERNATIONAL ASSOCIATION OF CODE IACP 2018 DUES FOR CHIEF RODRIGUEZ 335030 5/1/18 150.00 JAMES, R RETIREE HEALTH BENEFIT FOR MAY 2018 335031 5/1/18 140.00 JJJ ENTERPRISES FIRE AND SECURITY ALARM MONITORING 335032 5/1/18 2,555.96 JUNIEL, R RETIREE HEALTH BENEFIT FOR MAY 2018 335033 5/1/18 50.00 KAISER FOUNDATION HEALTH PLANS GRP # 104220-01, 06, 07 - APRIL 2018 335034 5/1/18 23,597.86 KIMBLE, R RETIREE HEALTH BENEFIT FOR MAY 2018 335035 5/1/18 300.00 KONICA MINOLTA KONICA MINOLTA COPIER EQUIPMENT LEASE 335036 5/1/18 5,732.59 KTUA GRANGER HALL PROJECT 335037 5/1/18 5,147.50 LA JOLLA POOLS INC LAS PALMAS POOL PROJECT 335038 5/1/18 1,282.50 LANDA, A RETIREE HEALTH BENEFIT FOR MAY 2018 335039 5/1/18 155.00 LIMFUECO, M RETIREE HEALTH BENEFIT FOR MAY 2018 335040 5/1/18 160.00 LOPEZ, TERESA YOLANDA TRANSLATION SVCS. - 04-17-18 COUNCIL MEETING 335041 5/1/18 320.00 MACIAS, J TRAINING REIM RISING TIDE/MACIAS 335042 5/1/18 128.95 MACIAS, M TRAINING ICAC REIM /MACIAS 335043 5/1/18 875.41 MATIENZO, M RETIREE HEALTH BENEFIT FOR MAY 2018 335044 5/1/18 100.00 MC CABE, T RETIREE HEALTH BENEFIT FOR MAY 2018 335045 5/1/18 280.00 MCDANIEL, P RETIREE HEALTH BENEFIT FOR MAY 2018 335046 5/1/18 290.00 MEDINA, R RETIREE HEALTH BENEFIT FOR MAY 2018 335047 5/1/18 105.00 MEGLA MANUFACTURING INC WATERJET STENCIL LETTERS / PW 335048 5/1/18 275.00 MINER, D RETIREE HEALTH BENEFIT FOR MAY 2018 335049 5/1/18 580.00 NAGLE, N TRAINING REIMB POST TRN.MGR./NAGLE/PD 335050 5/1/18 210.11 NERI LANDSCAPE ARVHITECTURE EL TOYON P. MASTER PLAN & STUDY 335051 5/1/18 11,277.50 MATTHEWS, N TRAINING ADV LODGE GANG/MATTHEWS/PD 335052 5/1/18 553.31 NOTEWARE, D RETIREE HEALTH BENEFIT FOR MAY 2018 335053 5/1/18 120.00 NV5 INC PARADISE CREEK PARK PROJECT 335054 5/1/18 33,921.59 OLIVARES, G RETIREE HEALTH BENEFIT FOR MAY 2018 335055 5/1/18 280.00 PADRE JANITORIAL SUPPLIES JANITORIAL SUPPLIES / NUTRITION 335056 5/1/18 271.58 PALM ENGINEERING WESTSIDE MOBILITY IMPROV. 335057 5/1/18 179,823.35 PARADISE PRINTING & GRAPHICS EVENT POSTERS FOR COMM SVC 335058 5/1/18 189.64 PAUU JR, P RETIREE HEALTH BENEFIT FOR MAY 2018 335059 5/1/18 340.00 PEASE JR, D RETIREE HEALTH BENEFIT FOR MAY 2018 335060 5/1/18 140.00 PETERS, S RETIREE HEALTH BENEFIT FOR MAY 2018 335061 5/1/18 290.00 PHILLIPS, W TRAINING REIMB INLD GANG/PHILLIPS / PD 335062 5/1/18 53.51 PLUMBERS DEPOT INC RODDER SERIES II - ENG/PW 335063 5/1/18 79,657.76 POST, R RETIREE HEALTH BENEFIT FOR MAY 2018 335064 5/1/18 280.00 PRO BUILD MOP#45707 GENERAL SUPPLIES PW 335065 5/1/18 930.58 PRO -EDGE KNIFE KNIFE SHARPING SERVICE / NUTRITION 335066 5/1/18 46.00 PROJECT PROFESSIONALS CORP KIMBALL REC. CENTER ROOF REP. 335067 5/1/18 1,840.00 PRUDENTIAL OVERALL SUPPLY MOP#45742 LAUNDRY SERVICES PW 335068 5/1/18 156.78 QUESTYS SOLUTIONS CONTENT MANAGEMENT SERVER INSTALLATION 335069 5/1/18 1,000.00 RAY, S RETIREE HEALTH BENEFIT FOR MAY 2018 335070 5/1/18 190.00 RELY ENVIRONMENTAL HAZARDOUS WASTE SERVICES 335071 5/1/18 7,360.00 RIVERSIDE SHERIFF'S DEPT TRAINING TUITI TT / PD 335072 5/1/18 228.00 363 of 647 ROARK, L RETIREE HEAL" MAY 2018 335073 5/1/18 135.00 4/5 PAYEE RODRIGUEZ, M RUIZ, J SAN DIEGO GAS & ELECTRIC SANCHEZ, L SANCHEZ-BURRUEL, CARLA SASI SCST INC SDAPSD SEAPORT MEAT COMPANY SERVATIUS, J SHORT, S SIGNA DIGITAL SOLUTIONS INC SITEONE LANDSCAPE SUPPLY LLC SMART & FINAL SMART SOURCE OF CALIFORNIA LLC SMITH, J SPRINGER, K SPURLOCK LANDSCAPE ARCHITECTS STAPLES BUSINESS ADVANTAGE STEWART, W STINNETT, R STRASEN, W SYSCO SAN DIEGO INC T MAN TRAFFIC SUPPLY THE COUNSELING TEAM THE SHERWIN WILLIAMS CO TIPTON, B TRI GROUP CONSTRUCTION TRITECH SOFTWARE SYSTEMS TURF STAR U S BANK U S BANK U S HEALTHWORKS UNITED PARCEL SERVICE V & V MANUFACTURING VERIZON WIRELESS VERRY, L VILLAGOMEZ, J VISTA PAINT WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WHITE, J WILLY'S ELECTRONIC SUPPLY HARRIS, ROY HEALTH NET KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS REHRIG PACIFIC COMPANY RELIANCE STANDARD CALIFORNIA< -M'I.O1!11-.. L toV. n aaa DICORPQRjAT8D WARRANT REGISTER #44 5/1/2018 DESCRIPTION TRAINING REIM TRN SYM/RODRIGUEZ RETIREE HEALTH BENEFIT FOR MAY 2018 GAS & ELECTRIC UTILITIES / NUTRITION RETIREE HEALTH BENEFIT FOR MAY 2018 MURAL AT CAMACHO RECREATION CENTER REF# 114702 CITYWIDE ALLEY IMP. PROJECT TRAINING TUIT PUBLIC SAFETY DISP/JONES FOOD / NUTRITION CENTER RETIREE HEALTH BENEFIT FOR MAY 2018 RETIREE HEALTH BENEFIT FOR MAY 2018 INK TONER CANON / ENG MOP# 45720 LANDSCAPE SUPPLIES PW MOP / PD / USE OF FORCE EVENT MOP 63845 / BUSINESS CARDS / COUNCIL RETIREE HEALTH BENEFIT FOR MAY 2018 TRAINING REIMB CHIA/SPRINGER / PD PARADISE CREEK P. & TRAIL W. MOP #45704 OFFICE SUPPLIES / RISK MANAGER RETIREE HEALTH BENEFIT FOR MAY 2018 TRAINING ADV POST SUB ROT/STINNET / PD RETIREE HEALTH BENEFIT FOR MAY 2018 FOOD / NUTRITION CENTER MOP# 7666 TRAFFIC SUPPLIES PW EMPLOYEE SUPPORT SERVICE FEBRUARY MOP# 77816. PAINT SUPPLIES / NSD RETIREE HEALTH BENEFIT FOR MAY 2018 18TH ST. PEDESTRIAN & BICYCLE PROJECT TRITECH CAD SERVERS REHOSTING THROTTLE, ROLLER DECK, SCREWS, SHAFT CREDIT CARD EXPENSES / POLICE CREDIT CARD EXPENSES / HR HEP A & B COMBO VACCINES UPS SHIPMENT / PD EMPLOYEE RECOGNITION PROGRAM - PINS FY18 VERIZON CELLULAR SERVICE MARCH 2018 RETIREE HEALTH BENEFIT FOR MAY 2018 RETIREE HEALTH BENEFIT FOR MAY 2018 MOP# 68834. PAINT SUPPLIES/ NSD MISCELLANEOUS JANITORIAL SUPPLIES / PW BOOKS / CITY ATTORNEY'S OFFICE RETIREE HEALTH BENEFIT FOR MAY 2018 MOP #45763/ELECTRONIC SUPPLIES/MIS ARREST AND CONTROL TRAINING / PD COBRA GROUP R1192Q / APRIL 2018 ACTIVE INS GRP 104220-0002 / APRIL 2018 RETIREE INS GRP 104220-03, 09 - APRIL 20 RETIREE INS GRP 104220-7002 / APRIL 2018 60-GAL PUBLIC JER W/LOCK APRIL GP# VA1 364 of 647 46 / VG1808 CHK NO DATE AMOUNT 335074 5/1/18 99.96 335075 5/1/18 310.00 335076 5/1/18 1,749.13 335077 5/1/18 330.00 335078 5/1/18 400.00 335079 5/1/18 1,337.50 335080 5/1/18 3,396.00 335081 5/1/18 200.00 335082 5/1/18 1,742.13 335083 5/1/18 340.00 335084 5/1/18 300.00 335085 5/1/18 328.51 335086 5/1/18 413.21 335087 5/1/18 203.92 335088 5/1/18 36.98 335089 5/1/18 320.00 335090 5/1/18 196.89 335091 5/1/18 8,087.50 335092 5/1/18 132.98 335093 5/1/18 200.00 335094 5/1/18 512.00 335095 5/1/18 135.00 335096 5/1/18 3,607.19 335097 5/1/18 419.99 335098 5/1/18 800.00 335099 5/1/18 157.85 335100 5/1/18 250.00 335101 5/1/18 67,810.01 335102 5/1/18 6,982.50 335103 5/1/18 599.82 335104 5/1/18 1,262.37 335105 5/1/18 283.34 335106 5/1/18 292.00 335107 5/1/18 1.56 335108 5/1/18 264.88 335109 5/1/18 792.31 335110 5/1/18 280.00 335111 5/1/18 480.00 335112 5/1/18 173.87 335113 5/1/18 2,472.17 335114 5/1/18 1,136.20 335115 5/1/18 230.00 335116 5/1/18 178.84 335117 5/1/18 1,200.00 335118 5/1/18 673.81 335119 5/1/18 192,027.78 335120 5/1/18 5,056.74 335121 5/1/18 2,226.84 335122 5/1/18 4,775.85 335123 5/1/18 4,248.17 5/5 PAYEE WIRED PAYMENTS EDD SECTION 8 HAPS CALIFORNIA�_ r 1' { I TAL I + 5 o INCORORPQA,ATED WARRANT REGISTER #44 5/1/2018 DESCRIPTION CHK NO DATE AMOUNT A/P Total 1,057,221.75 UNEMPLOYMENT INSURANCE 10/01/17 - 12/31/17 925687 4/30/18 926.43 Start Date End Date 4/25/2018 5/1/2018 879,785.08 GRAND TOTAL $ 1,937,933.26 365 of 647 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF JUNE 2018. AYES NAYS ABSENT 366 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 367 The following page(s) contain the backup material for Agenda Item: Warrant Register #45 for the period of 05/02/18 through 05/08/18 in the amount of $1,484,677.70. (Finance) 367 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #45 for the period of 05/02/18 through 05/08/18 in the amount of $1,484,677.70. (Finance) PREPARED BY:Karla Apalategui, Accounting Assistant PHONE: 619-336-4572 DEPARTMENT: Finance APPROVED BY: EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period of 05/02/18 through 05/08/18. Consistent with Department of Finance, listed below are all payments above $50,000. Vendor Check/Wire Amount Explanation SDG&E 335167 82,383.92 Facilities Gas & Electric Utilities Public Emp Ret System 50318 232,108.70 Service Period 04/10/18 — 04/23/18 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,484,677.70. APPROVED: Ll'ea-44 XG%i 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 $1,484,677.70 BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register #45 368 of 647 CALIFORNIA F__ 1/2 PAYEE 24 HOUR ELEVATOR INC ALDEMCO ALL FRESH PRODUCTS AMAZON ANDERSON, S AYDELOTTE, D BAKER & TAYLOR BRODART CO CALIFORNIA COMMERCIAL SECURITY CALIFORNIA LIBRARY ASSOC CANON SOLUTIONS AMERICA INC. CASTILLO, DANIEL A COMMERCIAL AQUATIC SERVICE INC CRUZ, RAY DAY WIRELESS SYSTEMS DEMCO INC DISCOUNT SCHOOL SUPPLY D-MAX ENGINEERING FAIRYTALE DELIGHT EVENTS FASTSIGNS FIRE ETC GUTIERREZ JR, C HERNANDEZ, PIO INTERSTATE BOOKS4SCHOOL L N CURTIS & SONS LA PRENSA SAN DIEGO LEARNING A-Z LLC MHZ COMMUNICATIONS ENT MIDWEST TAPE MPS NORTH AMERICA MTS NAN MCKAY AND ASSOCIATES INC NATIONAL CITY CHAMBER OHTM INC ORKIN PALMA, A PRO BUILD RANDALL LAMB ASSOCIATES INC ROBERT HALF INTERNATIONAL S D COUNTY OFFICE OF EDUCATION S D TRAINING MANAGERS ASSOC SAN DIEGO KIDS PARTY RENTALS SAN DIEGO MIRAMAR COLLEGE SDG&E SEAPORT MEAT COMPANY SIGNA DIGITAL SOLUTIONS INC SMART & FINAL STAPLES BUSINESS ADVANTAGE SWEETWATER AUTHORITY SYSCO SAN DIEGO INC NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER #45 5/8/2018 DESCRIPTION CITY WIDE ELEVATOR MAINT & REPAIRS / PW FOOD FOR NUTRITION CENTER FOOD FOR NUTRITION CENTER BOOKS AS NEEDED FOR FY2018 - LIBRARY TRAINING ADV SUB FIREARMS INSTRUCTOR / PD TRAINING POST ADV SUB FOR SESSION 3 SLI/ PD BOOKS AS NEEDED FOR FY2018 - LIBRARY BOOKS FOR FY2018 - LIBRARY ELECTRONIC DOOR LOCK INSTALLATION / PW MEMBERSHIP RENEWAL - LIBRARY MAINTENANCE SERVICE - MARCH DJ FOR AQUATIC ADVENTURES BY THE BAY EVENT CHEMICAL SUPPLIES FOR POOL / PW T&A#1191 1939 GRANGER AVE. COMMS EQUIPMENT SERVICE PROCESSING SUPPLIES FOR FY2018 - LIBRARY CLASSROOM SUPPLIES FOR TINY TOTS / CSD T&A#90185 PALM PLAZA FACE PAINTING AND GLITTER TATTOOS / CSD BANNERS FOR CHILDRENS AREA OF LIBRARY BOOTS / FIRE TRAINING ADV SUB FIREARMS INSTRUCTOR / PD T&A#1500 PIO HERNANDEZ CHILDRENS BOOKS - LIBRARY RESCUE EQUIPMENT / FIRE NOTICE OF ELECTION - SPANISH READING A-Z SUPPLIES / LIBRARY HEADSET REPAIR / FIRE AUDIO VISUAL MATERIALS FOR FY2018 - LIBRARY CALIFORNIA HISTORY SUBSCRIPTION FOR LHR MTS TROLLEY FLAGGER SERVICE FOR FY 2018 HOUSING REGS ON CD - REVISION SVC COMMUNITY ENHANCEMENT GRANT JAN - JUN 2018 335156 MARKETING AD FOR AQUATIC ADVENTURES / CSD 335157 PEST AND RODENT CONTROL SERVICES / PW 335158 TRAINING REIMBURSEMENT/HOUSING MOP# 45707. PAINT SUPPLIES / NSD ECM COMMISSIONING TEMPORARY STAFFING SERVICES / FINANCE SPLASH LAB FOR AQUATIC ADVENTURES / CSD TRAINING MANG ASSO MEMB/NAGLE / PD ASTROJUMP AND WAVE SLIDE RENTAL / CSD TRAINING TUITION TRAF/LOZANO / PD FACILITIES DIVISION GAS & ELECTRIC UTILITIES FOOD / NUTRITION CENTER INK TONER CANON / ENG MOP 45756, FIRE CHARGES MOP 45704 - OFFICE SUPPLIES - LIBRARY FACILITIES DIVIE _ITIES FOOD / NUTRITI( 369 of 647 CHK NO DATE AMOUNT 335124 5/8/18 550.00 335125 5/8/18 3,264.16 335126 5/8/18 1,283.26 335127 5/8/18 815.67 335128 5/8/18 640.00 335129 5/8/18 384.00 335130 5/8/18 1,023.63 335131 5/8/18 1,655.65 335132 5/8/18 350.13 335133 5/8/18 600.00 335134 5/8/18 50.00 335135 5/8/18 800.00 335136 5/8/18 2,334.87 335137 5/8/18 1,321.40 335138 5/8/18 665.75 335139 5/8/18 273.89 335140 5/8/18 693.67 335141 5/8/18 468.33 335142 5/8/18 600.00 335143 5/8/18 340.93 335144 5/8/18 732.98 335145 5/8/18 640.00 335146 5/8/18 8,739.00 335147 5/8/18 783.88 335148 5/8/18 8,160.46 335149 5/8/18 756.00 335150 5/8/18 239.85 335151 5/8/18 483.42 335152 5/8/18 2,164.38 335153 5/8/18 166.00 335154 5/8/18 71.05 335155 5/8/18 224.00 5/8/18 25,030.00 5/8/18 200.00 5/8/18 882.00 335159 5/8/18 1,894.38 335160 5/8/18 134.90 335161 5/8/18 5,600.00 335162 5/8/18 8,406.56 335163 5/8/18 670.00 335164 5/8/18 50.00 335165 5/8/18 1,230.00 335166 5/8/18 46.00 335167 5/8/18 82,383.92 335168 5/8/18 427.68 335169 5/8/18 822.29 335170 5/8/18 305.67 335171 5/8/18 581.14 335172 5/8/18 16,895.94 335173 5/8/18 5,601.61 CALIFORNIA+�__ 2/2 PAYEE THE HOME DEPOT CREDIT SERVICES THE SHOPPER INC T'S & SIGNS TSC GROUP INC TUMBLEWEED PRESS INC U S BANK VORTEX INDUSTRIES INC WILLDAN FINANCIAL SERVICES YADIRA PARAMO ZAPPIELLO, L WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 10 4/25/2018 NATIONAL tarry 1 CORPQRAT8D . WARRANT REGISTER #45 5/8/2018 DESCRIPTION CLEANING & GARDENING SUPPLIES / CSD PROCESSING SUPPLIES FOR AV MATERIALS - LIB COMMUNITY SERVICE DAY VOLUNTEER T-SHIRTS LEASE, STATION 33 / FIRE SUBSCRIPTION RENEWAL FOR TUMBLEBOOK - LIB CREDIT CARD EXPENSES / CSD CITY WIDE ON SITE SERVICE & REPAIRS / PW USER FEE STUDY DOG LICENSE REFUND / FINANCE TRAVEL REIMBURSEMENT / ENG SERVICE PERIOD 04/10/18 - 4/23/18 End Date 5/7/2018 Check Date 5/16/2018 CHK NO DATE AMOUNT 335174 5/8/18 777.62 335175 5/8/18 587.70 335176 5/8/18 1,939.56 335177 5/8/18 2,303.78 335178 5/8/18 958.40 335179 5/8/18 102.22 335180 5/8/18 2,571.90 335181 5/8/18 3,900.00 335182 5/8/18 30.50 335183 5/8/18 15.47 A/P Total 205,625.60 50318 5/3/18 232,108.70 1,046,943.40 GRAND TOTAL $ 1,484,677.70 370 of 647 Certification IN ACCORDANCE WITH SECTION 37202, 37208, 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, FINANCE LESLIE DEESE, CITY MANAGER FINANCE COMMITTEE RONALD J. MORRISON, MAYOR -CHAIRMAN ALBERT MENDIVIL, VICE -MAYOR ALEJANDRA SOTELO-SOLIS, MEMBER MONA RIOS, MEMBER JERRY CANO, MEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 19TH OF JUNE 2018. AYES NAYS ABSENT 371 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 372 The following page(s) contain the backup material for Agenda Item: Public Hearing and Resolution of the City Council of the City of National City approving or denying a Conditional Use Permit for the substitution of nonconforming use at an existing building located at 1845 East 12th Street. (Applicant: Iona Sharf) (Case 372 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: !June 19, 2018 AGENDA ITEM NO. I ITEM TITLE: (Public Hearing and Resolution of the City Council of the City of National City approving or denying a Conditional Use Permit for the substitution of nonconforming use at an existing building located at 1845 East 121' Street. (Applicant: Iona Shari) (Case File 2018-05 CUP) 1 PREPARED BY: iMartin Roeder, AICP] PHONE: 1619-336-4313 EXPLANATION: !The project proponent has applied fur a CUP to convert an existing nonconforming church to a medical office. The Land Use Code allows for the substitution of nonconforming uses with the issuance of a CUP. No expansion of the building is proposed. Construction would be limited to interior tenant improvements, which would be subject to building permits. The Planning Commission conducted a public hearing on March 19, 2018 and asked questions regarding business operations, traffic, parking, and transit. Two residents spoke in opposition to the project citing concerns with traffic and parking. The Commission voted to recommend approval of the Conditional Use Permit based on attached findings and Conditions of Approval. City Council considered a Notice of Decision of the Planning Commission's approval of the CUP at their meeting of April 3, 2018, and after hearing public comment, voted to set the item for public hearing. The attached Planning Commission staff report describes the proposal in detail.] DEPARTMENT ning. APPROVED=�� FINANCIAL STATEMENT: ACCOUNT NO. 1 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Categorical Exemption — Class 1, Section 15301 (Existing Facilities) ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Staff recommends approval of the Conditional Use Permit] BOARD / COMMISSION RECOMMENDATION: IThe Planning Commission recommended approval of the Conditional Use Permit. Ayes: Baca, Garcia, Quintero, Sendt, Yamane Noes: Dela Paz, Flores ATTACHMENTS: 11. Overhead 2. Background Report 3. Recommended Findings 4. Recommended Conditions 5. Site Photos 6. Reduced Plans 7. Public Correspondence! 8. CEQA Notice of Exemption 9. Public Hearing Notice 10. Resolutions 373 of 647 2018-05 CUP -1845 East 12th St. - Overhead ATTACHMENT 1 374 of 647 BACKGROUND REPORT Staff Recommendation Staff is recommending approval of the Conditional Use Permit (CUP) for the conversion of a church to a medics! office. Conversion will allow the filling of a current vacancy and provide a service for the surrounding community. Executive Summary The project proponent has applied for a CUP to convert an existing nonconforming church to a medical office. Conversion of the use would not create an increase in traffic or parkng and would be consistent with the goals and polic°es of the Health and Environmental Justice element of the General Plan. Site Characteristics The project site is a 16,552 square -foot rectangular lot in the Small Lot Residential (RS- 2) zone and is developed with a 2,772 square -foot church building (Grace Bible Chapel). The site has two driveways on East 12th Street located on the east and west ends of the property, which lead to a 27-space parking lot. The church had been losing parishioners over the years and has recently sold the property. Proposed Use The applicant is proposing to convert the former church building to a medical office. The proponent has outgrown their facility currently located near Paradise Valley Hospital. Because the RS-2 zone generally only permits single-family uses, the use would normally not be permitked. However, the Land Use Code allows for the substitution of nonconforming uses with the issuance of a CUP. No expansion of the building is proposed. Construction would be limited to interior tenant imp;'c ve erbas, wE-tiLth would be subject to building permits. Analysis General Plan The Health and Environmental Justice element of the General Plan contains one goal and one policy that are germane to the proposed conversion: Goal HEJ-6: Convenient and accessible health services that meet the needs of the community. ATTACHMENT 2 375 of 647 Policy HEJ-6.1: Encourage a range of health services in locations that are convenient and accessible (walkable) to the community. The medical office. would meet both of these standards by being cery rally located and also within walking distance of an established single-family community and a newer condominium development. Land Use Code The subject property is located in the RS-2 zone, which typically permits only single family residential uses. However, section 18.11.040 of the Land Use Code (LUC) al':ovvs for Elie substitution of nonconforming uses with the issuance of a CUP. Per the Code: A nonconforming use may not be converted to any use except to a specifically permitted use in the zone of the parcel on which it is located; except that conversion of a iawful nonconforming use to a nonconforming use found by the Planning Commission to be a lawful nonconforming use o; 7 another site within the same zone may be allowed where a Conditional Use Permit therefore has been approved; provided, that this shall in no way extend the abatement provisions contained in this chapter. In this case, another nonconforming office use is located within the RS-2 zone. The use is Agarma Realty, a real estate office which is located at 3110 East 16th Street. The minimum lot size in the RS-2 zone is 5,000 square feet, approximately one third of the size of the project lot. Parking and traffic circulation According to traffic generation rates published by SANDAG (San Diego . eeistion of Governments) a 2,772 square -foot medical office would generated approximately 139 average daily trips (ADT), spread throughout the day. A church use would have generated up to 100 ADT on days of assembly, half of which would occur simultaneously both before and after services. East 12th Street is a local street, therefore there is no vehicle capacity number available. The nearest segments of street (Palm Avenue and Plaza Blvd) aye operating at a poor Level of Service (LOS). Palm Avenue north of Plaza Blvd. is operating an LOS of F (failing). Plaza Blvd. east of Palm Avenue is operating at an LOS of D, the lowest passing LOS. However, the proposed use will be Tess intense than the previous use and wi!! provide a needed service to the surrounding community. 8n addition, the proximity of the use to the astablisi red residential neighborhood will lessen the steed for vehicle trips to IVYv ae f�i.�7 to the site. In addition, the additional 39 ADT will not likely change the current LOS. Lastly, 376 of 647 the LOS numbers cited in Appendix 'F' of the General Plan are from 2012, which was prior to completion of the Plaza Blvd. widening project, and are likely better than during the previous condition. The conversion of a church to a medical office is not expected to increase the demand for parking on the property. A 2,772 square -foot medical office would only require 10 parking spaces. The previous church use would have required approximately 20 parking spaces. Findings for approval The Municipal Code contains six required findings for CUPs: 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 Small Lot Residential zone pursuant to a CUP, as the LUC permits the conversion of a lawful nonconforming use to another lawful nonconforming use located on another site within the same zone. 2. The proposed use is consistent with the General Plan and any applicable specific plan. The proposed medical office use is consistent with Goal HEJ 6 and Policy HEJ 6-1 of the Health and Environmental Justice element of the General Plan, as it is both centrally located and within walking distance of an established single ramify neighborhood and a newer condominium development. In addition, the property is not within a Specific Plan area. 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 the conversion of an existing nonresidential building that will provide a needed service for the surrounding community. Use of the property will be less intense in nature than the previous church use. 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. 377 of 647 The proposed medical office use is only expected to generate ar•, additional 39 average daily trips, which can be accommodated by the existing road netwcrk. The conversion of a church to a medical office is not expected to increase the demand for parking on the property as less spaces are required for the new use and the previous use was adequately parked. 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 less intense than the previous use and will provide a needed service to the surrounding community. In addition, the proximity of the use to the established residential neighborhood will lessen the need for vehicle trips to the site. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA). Staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this CUP. Findings for denial Three findings for denial are also included based on public comments received by staff prior to and at the Planning Commission public hearing: 1. The proposed use is not consistent with the General Pia_r, or any applicable specific plan. The proposed medical office use is not consistent with the Low -Medium Density Residential Land Use, which is intended to provide single-family residential use at densities up to nine dwelling units per acre. 2. The site is not physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. The proposed medical office use is expected to generate an additional 39 average daily trips over the previous church use, which would be more intense in nature than both the previous use and the maximum' reslcentiai density permitted. 378 of 647 3. 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. The proposed use will be more intense than the previous use and ri increase the vehicle trips to the site. Panning Commission hearing The Planning Commission conthi feel a public nearing on March 19, 2.0 w a and asked questions regarding business operations, traffic, parking, and transit. Two residents spoke in opposition to the project citing concerns with traffic and parking. The Commission voted to recommend approval of the Conditional Use Permit based on attached findings and Conditions of Approval. Summary The proposed use is consistent with the General Plan in that it provides medical services within a walkable distance from residential areas. The use is permitted subject to a CUP and would be less intense than the previous church use. The medical office use is not expected to increase the demand for parking or other services on the property and is not expected to have any significant effects on the area. OPTIONS 1. Approve 2018-05 CUP subject to the attached conditions, and based on attached findings or findings to be determined by the City Council; or 2. Deny 2018-05 CUP based on attached findings or findings to be determined by the City Council; or, 3. Continue the item for additional information. 379 of 647 RECOMMENDED FINDINGS FOR APPRCVAL 2018-05 CUP —1845 East 12th Street The proposed use is allowable within the applicable zoning district pursuant to a Conditional Use Permit (CUP) and complies with all other ap plicab,9e provisions of the Land Use Code, because the Land Use Code permits the conversion of a lawful nonconforming use to another lawful nonconforming use located on another site within the same zone subject to a CUP. 2. The proposed use is consistent with the General Plan and any applicable specific plan, because the proposed medical office use is consistent with Goal HEJ 6 and Policy HEJ 6-1 of the Health and Environmental Justice element of the General Plan, as it is both centrally located and within walking distance of an established single-family neighborhood and a newer condominium development. In addition, the property is not within a Specific Plan area. 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, because no expansion of the building is proposed; the proposal involves the conversion of an existing nonresidential building that will provide a needed service for the surrounding community. In addition, use of the property will be less intense in nature than the previous church use. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed medical office use is only expected to generate an additional 39 average daily trips, which can be accommodated by the existing road network. The conversion of a church to a medical office is not expected to increase the demand for parking on the property as Tess spaces are required for the new use and the previous use was adequately parked. 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 less intense than the previous use and will provide a needed service' to the surrounding community. In addition, the proximity of the use to the established residential neighborhood will lessen the need for vehicle trips to the site. ATTACHMENT 380 of 647 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act (CEQA), because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 1 Section 15301 (Existing Facilities), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. RECOMMENDED FINDINGS FOR DENIAL 2018-05 CUP —1845 East 12th Street 1 The proposed use is not consistent with the General Plan or any applicable specific plan, because the proposed medical office use is not consistent with the Low - Medium Density Residential Land Use, which is intended to provide single-family residential use at densities up to nine dwelling units per acre. 2. The site is not physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints, because the proposed medical office use is expected to generate an additional 39 average daily trips over the previous church use, which would be more intense in nature than both the previous use and the maximum residential density permitted. 3. 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 proposed use will be more intense than the previous use and will increase the vehicle trips to the site. 381 of 647 RECOMMENDED CONDITIONS OF APPROVAL 2018-05 CUP —1845 East 12th Street General 1. This Conditional Use Permit modification authorizes the conversion of an existing 2,772 square -foot church to a medical office building of the same size, located at 1845 East 12th Street. Plans submitted for permits associated with this p7tDject sisal+ conform to Exhibit A, case file no. 2018-05 CUP, dated 2/12/2018. 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 kp owiedg€ng 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 City Manager or assign prior to recordation. 3. 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. 4. This permit shall become null and void if not exercised within ono year after adoption of the Resolution of approval unless extended according to procediFps specified in the Municipal Code. 5. 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 Code; if discontinued for any lesser period of time. Building 6. Plans submitted for demolition or construction improvements must comply with the 2016 editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. Fire 7. Piens submitted for improvements must comply with the current editions of the California Fire Code (CFC), National Fire Protection Association (NFPA), and California Code of Regulations (CCR). ATTACHMENT 4 382 of 647 Planning 8. Plans submitted for construction shall conform to Land Use Code Section 18.42.040 (Screening mechanical equipment and elevator housing), and 18.46 (Outdoor Lighting). 9. All existing landscaping and irrigation improvements shaii remain and be maintained for the life of the project. 10. If a trash enclosure is deemed to be required in the future, plans submitted for construction permits shall show that a cover for the trash enclosure be provided. 383 of 647 2018-05 CUP —1845 East 12th Street — Site_ Photos Front of building looking north from East 12th Street Eastern driveway looking north from East 12th Street Western driveway looking north from East 12th Street Parking lot behind building !poking northeast 385 of 647 EXHIBIT: Pr CASE FILE NO.: toia-or CUP DATE: ;.,1042,0vie E 12th Street 386 of 647 ENT 6 CARDiOLGGY oFSoutherrt Caiffornba Dear Council Members, I wanted to Introduce myself and our medical practice. I run Cardiology of Southern California. We have been serving the National city community since 1992. We have two Drs and one Physician Assistant and we .are currently located in the building adjacent to Paradise Valley Hospital. Our work day hours are Monday through Friday from Sam-4:30pm and we are closed legal holidays. Our organization strongly believes in giving back to the community. We offer a low fee schedule for patients with no insurance and reasonable payment plans. We are one of only a few providers in San Diego county that still currently accepts Medi- caid insurance. We have long standing relationship with La Maestra community clinic, San Ysidro Clinic, Operation Samahan and Family health center. We donate our time and support our community in many ways. We are an active participant in Spirit of the Barrio, Filipino Medical.association and support FHC Medical Mobile Units. These units travel throughout San Diego County and provide important medical care to the underinsured. Our facility speak various languages (Spanish,Tagalog, Arabic, Lao, Kaldean, Hebrew, Korean in order to understand our patient's needs. We hope to continue to do so from our new location at 1845 E 12th, National City. Thank ycu for helping us to accomplish all that we can. Sincerely, Dr. Iona ' Sharf CEO/Owner ATTACHMENT 7 1310 3rd Ave Suite 94 Chula %Ida CAl1911 • •633 $ Euclid km 8464 Natioaal C14yr CA 81930 Tekphoaec i19.R8 TTO0 • Fax: 416.410.8986 387 of 647 CARDIOLOGY oFSouthem California pear Neighbors, .wanted to introduce myself and our medical pract _oe. 1 run Cardiology of Southern :alizornia. We have been serving the heat iona': city community since 1992. We have two Drs and. one Fhys.cian Assistant and we are currently located it the building adjacent to Paradise Valley Hospital. Our work dpl, hours are Monday trough Friday trom Barr- 4 : 30pm and we are closed legal hrl _:lay . Our organization strongly believes in giving back to the community. Wa offer a low fee schedule foz patients with no insurance and reasonable payment plans. We are one of only a few providers in 3art Diegr:' ^runty that curr eur_ Ly accept s Medi- caid i71$uranca. we have long stand1h9 £rlation&_._p,:w r �ha.,a ,?aet. a cornmu;iit i clinic, :.an 'ts ". tOprc r i Lion r r to and Family. health center. We dona.ze our tine .31_d o:Jr community in many ways. We are an active aarticipani: in Spirit of the Barrio, Filipino ipino . Medical. association ...-1;i support FBC Medical Mobiles Units. Thf,se units tray'trayol tir'ougnoui Diego County and prcvLeek? important :redica.. care to the underinu r ed . Our t•. i.'. _ t y a: 'ra ar :ou;3 larlg agE'_s (Spanish,Tagalog, Arabic, ic, Lao, Ka.dear, Hebrew, Kc_ean i a ..rd r to understand our pa,: lent' s needs We hope to snntirEwa do so it ; i c:ur ne location We reed ;.o!ir support so that we can be an active :_id helpful pat of ;J•:1..1 i community. Please ni.a_1 this• _.ette snow ng y:i._ suppoLt for o:_iir new location in your nE:'. i cth :crho d at 1°346 E 12th, National City Thank you ::.or helping us accomplish ail that we can. Sincerlyi Dr. Toms Sharf 1310 3rd Aw Sidle 114Ciu Vida CA 91991 0855 8 Etat50 Are 0305 t4aI onot Clay CA 91950 cC k print Name t\VI Address V1 Phone Address '- s c Phone --C1.6 in) en±lre print Name Srgnatu e l2-b r 3'''4-/1 6114 `4 ce-,ee, "` Address Phone 389 of 647 ATTN: BRAD RAULSTON, Deputy City Manager City of National City - Planning Department 1243 National City Blvd. National City, CA 91950 CASE FILE NO: 2018 - 06 -CUP APN: 557-280-36 RE: Conditional Use Permit For The Substitution Of A Nonconforming Use At f-.r•. Existing Building Located At 1845 East 12th Street. Dear Brad, This letter is to request that the Planning Department will NOT award a conditionaI use permit to allow the church at 1845 East 12th Street to be converted into a doctor's office. We own 1831 East 12th Street, next door to the church, and 1131 R Avenue that abuts the church. We do not want a doctor's office in our residential neighborhood for the following reasons. 1. Traffic in our dead-end neighborhood wilt be a nightmare. 12th Street is not a through street. it has a col -de -sac just past the church and the other end of 12th Street can only be exited by turning right onto Palm Avenue at a very busy corner. To exit the neighborhood, traffic must travel three blocks past residences to turn onto Palm Avenue at 11th Street - and even that corner can get backed up due to the busy traffic on Palm Avenue. 2. Parking will be worse than it is currently, Due to the high -density housing across the street from the church, parking is already at a premium. On -street parking is full on 12th Street, R Avenue, and 11th Street - regularly. Our little neighborhood does not have room for any overflow parking from a medical facility. 3. Drawing strangers to our neighborhood - where we are raising our families- does not feel safe. We have children that play outside in the yard. Currently, most of the neighbors and their vehicles are recognized by sight. If we have strangers coming and going to a doctor's office, we will no longer have that security. 4. The consequences of higher traffic anywhere are generally more litter and more noise. We do not want to attract this kind of nuisance to our neighborhood, to our homes. 5_ A doctor's office is not needed in this location. Paradise Valley Hospital and all of its medical facilities are only a mile away from our neighborhood - on main streets with parking lots. Why should our small, dead-end, residential neighborhood be negatively impacted by a medical facility that is not needed? Please, do NOT award a conditional use permit to allow the church at 1845 East 12th street to be converted into a doctor's office. Thank you for your consideration. >- d eto Robert L. Tigh & Tamarie L. Tigh 1131 R Avenue National City, CA 91950 (619) 540-6924 J-91ECEMET MAR 1• 9 REC'D National City Nanning Division National City, CA 91950 390 of 647 I have read and agree with this letter. i do not want a doctor's office in our residential neighborhood. Print Name J Signature 1) 3 d R Ae Address Phone Number Phone Number 7:30 roh Print Name a egow Signature 431 F sr Address Phone Number -.17) e. Print Name Signature —Pliefie-hkiber &..d f S5 ((A. &gyp 1.4 Phone Number Phone Number 101K, l i 9k, Print Name Signature It )I Pkip.o.. Phone Number iq 4 4o qft Phone Number 391 of 647 ROSALIE G. ZARATE 173o E. 12TH STREET NATIONAL CITY California 91950 Email- zacrose@cox,net Telephone: (619) 474-1793 MR. BRAD RAULSTON 1243 NATIONAL CITY BLVD. NATIONAL C. Y, CA. 91950 REGARDING PLANNING COiVligiISSION MEETING ON MARCH 19 CASE FILE NO: 2018-06-CUP APN 557-280-36 ET1 AR 1 9,2018 CM" CLE= NATIONAL CITY BMW. L EPA; TMENT This letter is to request that the Planning Department should not award a CUP to the above APN. Allowing a conversion of a church at 1845 E. 12th Street for a doctor's office. ' CONCERNS o Impact's our neighborhood with parking that has created various problems c Col -de -sac on the end of 12th street makes an impact on the street n Traffic problems for 11th St as well because, of only a right on 12th. c Apartment & the Condo's don't use garage's or their parking spaces. Making it difficult for our neighbors to put their trash out because cars are park so heavily. o Cars speeding up & down the street As you can see, there are several concerns with out' neighbors. We are asking that you do not permit this CUP for a doctor's office. Please, do, not allow this to impact our homes. Their other places for this doctor's office with more parking spaces available. Respectfully. .7-. 0 S CE . cy.. ROSALIE G. ZARATE 392 of 647 `�.� wATION a Riciinfvoniato CITY OF NATIONAL CITY - PLANNING DEPARTMEN` 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 9' 1950 NOTICE OF EXEMPTION TO: Assessor/Recorder/County Clerk Attn: Fish & Wildlife Notices 1600 Pacific Highway, Room 260 San Diego, CA 92101 MS: A-33 Project Title: 2018-05 CUP Project Location: 1845 East 12th 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: Conditional Use Permit for the substitution of nonconforming use at an existing building located at 1845 East 12th Street. The existing church is proposed to be converted to a medical office. Applicant Name and Address: Iona Sharf 7660 Fay Avenue San Diego, CA 92037 Exempt Status: Telephone Number: (858) 997-7336 Ernail Address: ionaC3_imminc.org �j Categorical Exemption, Class 31, Section 15301 (In -Fill Development Projects) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since this will be only a change in use of an existing building. Any construction would be limited to interior tenant improvements only. No addition traffic impacts are expected as a result of the change in use. Date: MARTIN REEDER, AICP Acting Planning Director ATTACHMENT 8 393 of 647 CITY OF NATI ONAL CITY Office of the City Clerk 1243 National City Blvd!., National City, California 91950 619-336-4228 phor e / 619-336-4229 fax Michael R. Dalla, 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 19, 2018, in the City Council Chambers, Civic Center, 1243 National City Blvd., National City, CA., to consider: CONDITIONAL USE PERMIT FOR THE SUBSTITUTION OF A NONCONFORMING USE AT AN EXISTING BUILDING LOCATED AT 1845 EAST 12T" STREET. The Planning Commission conducted a public hearing at their meeting of March 19, 2018 and voted to recommend approval of the Conditional Use Permit by a vote of 5 to 2. 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 jet! 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. June 5, 2018 Michael R. Dalla, CMC City Clerk ATTACHMENT 9 394 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 395 The following page(s) contain the backup material for Agenda Item: Public Hearing and Resolution to confirm the costs and approve the report and account for Weed Abatement, after consideration of any objections or protests regarding abated properties in National City Parcel Numbers 552 241 04 00, 1625 Alpha St.; 554 112 395 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: Llune 19, 2018 AGENDA ITEM NO. ITEM TITLE: !Public Hearing and Resolution to confirm the costs and approve the report and account for weed Abatement, after consideration of any objections or protests regarding abated properties in National City Parcel Numbers 552 241 04 00, 1625 Alpha St.; 554 112 15 00, E. 2nd St.; 554 112 16 00, 3140 E. 2nd St.; 557 101 19 00, 1433-1435 E. 7th St.; 558 022 01 00; 807 Arcadia PI_: 558 320 21 00, Rachael Ave.; 558 320 22 00, 2112 Rachael Ave.; 561 011 08 00, 1205 Highland Ave.; 561 053 10 00, 1107 E. 1 6th St.; 563 030 04 00, 1236 E. 24th St. per pursuant to National City Municipal Code Section 9.12.020 — Pubtic Nuisance Declared — Weeds and Other Flammable Materials. (Fire); PREPARED BY: Robert Drew/Deputy Fire Marsha[ DEPARTMENT: FireO„ PHONE: 036-4550 APPROVED BY: EXPLANATION: lln accordance with National City Municipal Code, Chapter 9.12, a report of the proceedings and an accurate account of the cost of abating the nuisance on each separate property shall be filed with the City Council. Notice of the public hearir,g sha:l be served in the same mariner as summons in a civil action in accordance with Article 3 (commencing with Section 415.10) of Chapter 4 of Title 5 of Part 2 of the Code of Civil Procedure. Pursuant to NCMC Section 1.36.100, the City Council shall consider the Report and Account at the time set for the confirmation of costs hearing, together with any objections or protests by the responsible person or other interested parsons. The responsible person or other interested persons may present a written or oral protest or objection to the report and account. At the conclusion of the hearing, the City Council shall by resolution either approve the Report and Account as submitted, or as modified or corrected by the City Council. the approved costs of the abatements will be liens upon the respective lots or premises. The proposed resolution incorporates all the parcels subject to weed abatement liens pursuant to NCMC Section 1.36,110. A copy of the resolution shall be served on the responsible person, pursuant to the procedures set forth in the NCMC Section 1.36.040, no later than 15 days after the date of adoption. If the cost of abatement is waived by the Mayor and Council, the City of National City will be responsible for all costs associated with the weed abatement conducted by Fire Prevention Services. Report on file in the City Clerk's Office. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. 001-12124-3561 $14,317.90 APPROVED: MIS No expenditure account. Payments to Fire Prevention Services are deducted from the above revenue account. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: 'City Council by resolution approves the Report and Account as submitted or as modified or corrected by the City Council. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: [Fixed Charges Special Assessments - Please see Exhibit "A" Complete background supportive documents filed in the Office of the City Clerk and available for review upon request. 396 of 647 L179 Jo L6E City of N tional City Weed Abatement Program 2018/2019 FIxed Charge Special Assessments Exhibit "A" 552 24t 04.0d 5541121500 554 112 1600 5557101 1900 558 022 01 00 5583202100 558 320 22 00 56101108 .0 561 05310 00 563 030 04 ,a(). zjJ• $1,107. $1,325.00 $923.28 $875,90 $1;213.1. $3,068.18 $2,747.60 $892.85 $882.18 $1 .12 1140 E 4628 Alpha PeTT Nester Estelle R twangs ft/ Truf 1. A1p St( $t .2nd' S Giesaner Douglao; GIhsener Adrian-Rer 3440E 2nri St St Glsssner Douglas;Giassnar.Adri'an-Renr3140 E2nd St t7eiossantns Lilfan lFt 6285.Plateau Dr e07 Arcadia Pt �M • 14334435 St 7th,St Arcadia PI dielAve 112 Rotheei Ave Pi<q land Ave 1107 6 1e& st t23E4th St —.... ' Abort!) Satomon-R 4 Karl V ' Casilies Jose D. ycosines Jose•D;E;tella 'Xiamen Family Thad gellata. priarido T totexIdo Travel ignQ.� .rb.l..-.vLeer .n..-..,...,..e...,..,-,....c..,,. r National City CA s50 1330 Ore Vista Rat Imo; 1330 Oro Vista RRdi 2375 hadia St 1107 E' 46 1 St ;1236E2411...St Mammal City Nia2lanal.0 San Diego National San Diego, CA 91950 CA 1950 CA 92139 •CA 1950 •CA 154. San Diego -CA San Otago CA National CA CA. 154 92101 9.1950 few .: ...SUMMARY REPORT FOR. A2N 552-04-00 — 1 15/17 Initial inspection was made, property found to be in violation. 06/20117 Mailed 30 day cow notice to the owner. 17 Notice returned "undelivereble as addressed". 07/28/17Re-inspection was made, property fn to be i i 07/28 i7 Posted property. 07/31/17 Mailed 10 day final notice to the owner, certified mail. 08/07/17 wed notice returned "yet". 08/11/17 Final inspection was made, property was found to be In violatio i. t $l17 Verified ownership information with County of San Diego. 08/23/17 Work order authorization signed by Distil Mich& 09/05/17 F.P.S L crews abated the property. 7/17 The owner was mailed a dill at the contracted 09 7l17 The owner wns studied a Hal ' .1 10/16/17 A Notice of Abatemeelt was filed on the property. 06/08/18 The list of Fib Charge Sped Assessments OBIT "Al and the City Clerk's "NOTICE OF PUBLIC COITION OF COSTS _ HEARING" was served upon the property owner by means. of Regular Mail, coed Mail and Posting upon the 398 of 647 CITY OF NAITON4 CITY DEARTIKENT 1243 National Clirg.$ & : NATIONAL CITY, CA,. 9, .950-%4596 NOTICE TO A ATE PUBLIC NUISANCE Own= Nester Estelle R Separate Propenty Trust Ate: 1625 Alpha St Dale: 6120/20 National aty. CA 91950 Leeetiou of Pubk Meow ICS Akita St Instmetions for Abatement: tra {rr _ P N 241 04 ND (4 OPY daitYameroeiiea'axxfirb. .ftzes.,4d cii proacenits as Waldman, b6 #i7 addition to Oa r d xa praper�y %Ot".�' . l $Cry, Pertheprotornioe ofkk said pmerty, move all brush, flammoble volaales, lbwsuch a auehsueh aria et nol v onor know%te shirkoathIs ed plkit as ss ulldogar el e. aro to be and the properly and rimed °Comedy. Vet -swift h to be oat Griefs add (2) inches or the !Oen here Ash o ivie a oaea cow offish and gape of Melia F W6bdi 'e E '+a o DEPARTMENT Di MEMO AT murrain ao) DAYS Mall* BEC00010 VEGETMX04 =AWL 0, TREES MEW= MUDD Oegcr OR NOTIFY ? p In the wen identified fin '- Ettare; adda3ablanrettspecie‘ of s NOTICE Plana to l Ito Anse may render you lableaeadet Federal or State Las topeadtbst 'A'17 t 14SDIRECTED ET MS A. Wien Bane Chien aresthee din was or ' Isaror ater ef •fir► rayb *st geraredr o ,e&ruera that y and to bnr the or elm offor C of 4►> ; or aids it �as - ` � ar lr°Feed a *dated deauturialea rubbish; sr warecesary decorated= deporennee ctlyaws air diet any prewision a "ace SW File eldreschkraerildilesod swab y{anigaireckiMe.overiio a { t, or o�sEsa:�embed ta a.�dicegebrad �htor s►a&oR d°'de�1cMadre ,at wife* esentionsi in . C. When Ifs FireChUer atnincriesigno Adds wane* stria in iodgedentbam gar Ow% Ea. began efts /*mord= rsoirpide aro fro el. ` ".. ..^..4. 'y K :&ie lai 10a, Yli+++i ?iiNK. e2,4rc,„ ..A..,. s avrM.•. 7-- : ,it ^y' S� _ - - cy�.w.,4+W 'k U�F�itu�"�T��«s+6y�y.,e;'."'�C,,,1'aM0iiL�iL�' '� g' sue: A3 weeds, gavial or baeedaapom sheen, islawiles aar a► haft **at le be a public e A. 3. c. D. Pwposeorals dopier,°gip obeli Weeds Wilde bear omdsofa downy or wingy tan. litatebrach, abeyant and swetherhash ar weds nAlcia matmates& krijr trail fez kaare, a ya a a� sr.to, 74 a t Palma ode md polar& ivy who incoldifea rgront, nee Oa carcitio name ate the While 'Ny , Nam a r e fethsP icy 5 eshealth.1 of lito City has bore awed Ig 'TO* Nursen° needs ay condition donned or 4 __ h a ogf NOW WI? idigh as� a a se Are pules hem y sad c snom madras 'Grab as sollift&le er. Imo tro3 of multi fa Wia€a s aaaao ofa+'� neat swamito Ire Clay se & � be in scabies ` :i fartidari entice, rho ownersaResod ercv.win or 000roora ., E � erected Umskald have a ► a, phase Fedbee daWale egabsr 1410 10-3774 AI Mil b l ob, Per Ruse al mares i 77+l,377+1 Se our roam Iseateagad, laalawa Faeelle #s almleringlagg 416117794774 fl-3�s3lFai'IaJltr °,Mu law iitsid Fa Piave/am Earaten Payola 399 of 647 th Citr Cazeri *dad he (le) deo Mho anc* adds. wax. MOM nit AseCity erNelferal City. (-Try OF AiIALCITY FIRE DEPARTMENT 1�`latiostatCity Blvd RATIONAL CITY, CA. '91 596 FINAL NOTICE ICE TO ABATE LTC NUISANC Owner: No= llama Trost Afton: 162$ Alpha St : 9I3 I7 National City, CA 9 9$0 Location lk Nuisance: ICS Alpha St itnisirationS far Abetment Parcel *mbar: 552 24104 00 ri.:�,y�_._�; 111y;u5�4�a} e.. ..! •.i: I: r'. ..• i ',AI. � tt (:�I. 'i t;. 1I � � i1`C!'�"i2 .'1E!4.` • )".'4:_C . '1{: r. r1Jpi araedq,. All miles of dad 1 -�r1211.'i"" Lwn1{. 1' You are hereby directed to abate the public nuisance descant aboac,ofwl i you en to ooarponorouster, llr#tlrta Ira 00i days a[7131t2017: *Your Mae so e with this order w irsalt in you be ctesrped the'adoinishotne ice and the City beatYet reePretr deeded byte airs oastrsetorr at 32111'tense (par Nation! Cray bashipal Cone Clasper 1.36). A S3S0.00 sdatiaincitite fee will be dinged to add to the earentaat the 10 daft the ember 9444 Vsoreelm a es Forth* protection od Et and pe rimy, moveUtab, Rsmarlis ageotafico, or add* is heated tip Sty CM) that to cask twr od (1OO) feet fry= cork a holdittgor *ucbu0 aft the property lino. Vibithrmar is mesrarr, ores required by the Fire Depatmeat, in tutus the mainenaucetoforose ood oda. ve io MOM drag moan lasildirig err stream. Cabot ate to be rumored Rom the property aadtiptoed orpeopedy. Vegetation is to be eau widdn two (2) tames of Ilse ilk ..bra 1t:E mamma ii Ram ntnsamoneastaatimutosinalar • taws previa* rooked a notice hot the Califoret Department ofrob cad Ozthe or the MS, risk sad WilthithServices tip arl2► .or rimed ski offish or w drove wormed ea your papacy in the eras identilit4 Sri el bawls fir, YOU MUST NAVY EiClai AGENCIES ANDIINE itai NAL FIRE DEFAMED.':T ffti WeirlEtte AT irAST YEN pop DAYS FRIORLDEMINNO VOMTAVELI OLEARINe. IF MESE AtERNCEIS FAIL TO Maar Oft WO'IlFY YOU CC ANY ALIERNATIVE 7RES VirYTHIPI THOSE 1E21 [l0) DAYS, YOU KAY TM P TOE worm= AS memo BY MIS Mot rep i6sil lielerestionyyale those empocies . J nay ssmoke *i the Fee:aim ,tra+ adti Fathom) litl 'Cyy+I ". Y,- :' ._11 ;l _oma Asy of eked:date osadkiros the heft declaadto constitutesputt ouleartote A. • Yam the FM W' blither dada= deatheines that dove in any bettlinor may ward tom► Windsor. Or aphable CO dimwits acoaradagoor afro or otrogessory socusualadors of motormen, belmea;, shaingeter may 14gliy 1laaruulbl t asmonials Which :or so abed err ttr er properly; srfadr obaltriaiora so es as fire neaps, mirk pramogavoya, doors cr windows tirammembly tend to katerf4re with rpoutioos otthe fee tt11et or the emus efts fiedipiNts of nth building of peados: et finds t*tie elkativeneas atm ah..&Malt sePtgetta of * fite Segiaraion eel is reduced; 'or face that sty marvisiore onto Whoa 1MCode is being vi Mood. B. saws demre mew hignisr my i saiditertigiki' r , ISCIINIatOr: Wow oraim i electric Same err icy thereat. or 'ar4 rem under a mionally rogstared stroxind #at roam m toyi t ig► saucerear pronto not speolfwelly nwertionad is tlo What Fre Oak tohedoormodem artaoractetlkat. • When ariaCkiefarb crb my andkiesa in higheeledgiteetitlecamestram soseare Ware efthe Wardor nostowor Ere toe antamiarilyrecognized ne normal by panes in the putt sem* soelody eagaced in pamemiss, sapptaiiitold& taw abate, ,,bindef with the or a trtof Ibc of iue or any a week growhigerrlocated wpmmods, .' private prosody fakes* declared fo beep** mime. Fats opotato deli doper, `t ls° koleortl tW Mewing: A. ri seedsetfae twin Yam€. E. trues mod Mite, other brush or words wuhichmain techleage rastoICasm t,w ens& a ire *sae adiamarm loomed propaiy, C. Weeds vr4nieltneeb =donsordogma D. Aaiun oat god patrol ivy %Um the oonditiota ofprowth caea ep to Onakolea eaeaaerrthethepath bar. E. Dry yam, Wets, bath. tsar, re ridireitcontoble antorkl,adri to pmbilostitor tw a t:1 s St.g.4la a portion of'the City whits has beat zoned ksr shah and anal* Mame Phloem s vidjk Nuisance" wares lap maw armed o: defted to be ilr eAC IVASSee in ay seethe of OS conditta caused, maitattied or ponnitthd to e>sitt obi* constitmies et threat to di *ties fish, eddy ad minas or Width signirtatany &gawk WaresC intedbros with the moo' free use 0f prepay iai a rielghbodtdod,00eumnity re to any considerable number orpaaoQts. A pub& nalsatire dabs are nos anotat as set Roth is California [ {:ode Sordiart 3479 Diu too00) 445 dem die deiiieriesdas.apermit mama of e imasaged roolo4 Ete ate= or rzom.mareompo beer p alato Modal my appeal to sbg City Omni. Suds appeal shell be is tried shidi he Med Witte City t If you skald have awy gieseoes, please Poi auto sap Oltaolmbe r 1' i-7794774 S noted tionclgas pregeutta►to' Root lathe al anthers "1 1i6-' 7d Sa anrwaeg kosaugais taomag trig pa as naiairrsarg IISe 14166 774 Saboeraty yours in public rafgy, **You have the rigto to BOW this riala to the Ci y Council within ten (10) days oats receipt ofti nodoe 1-1166-779-3774 sad.3i1 or berpciilltoprevestimatet, ge0 ea o ;ces, lc. atiog la a Nowt with the y atttea ioith Chy Clot (NOW a t Fire Pmetion Seniors*" rev. 04124l06.001 400 of 647 eve Idie 07-1 P.O. Box 1720 : El Cajon, CA 92022-1" o (866) 779-3774 : fax (619) 445-6336 l r://hreprevadonaet 9f712017 Nester Estelle R Separate Filmsty Mot 1625 Alpha St Winne My, uA919 Parcel el 552 241 04 GO Location: 1625 Alpha St Dear Nester Estelle R Separate Property T This letter is to inform you tip the Pah* Nuke= on the above referenced property was abated motto a priorNotice 1oAbele and order of the City ofNational City, Fire Prevention Services was contracted by the City of Nam tty so help reduce Fublie Nuisances and potential fire violations ihas improving is safety of its citizens. The abatement work on your property was performed as mandated by The Notional aty lviamicipal Code Chapter 1.36. The amuses thus fr tcaal $558.0O. Yoe Will War no fbMet Coifthis mom is Rid within fifteen (15) days of the date antis nc Failwe to pay !Ns WI trey remi+n the filing .,a..„ Simftet.--zoi. tien upon yOur property. Please melte your cheek -payable to Fire -Pr on. Services and include the Parcel # 552 24104 00 on the check. If you have am' questions pietas call us direct et 066)17 ?74. Sincerely, Fin Prevention Services, . rev.OVi946 401 of 647 Pad F e rre reventi SL1C.e9 PO. Box 174Ell Caj 92022-1716 -17 ( 779-3774 o fax (619) 445-6336 tattpMfirepre ►eistleneuef. a t31?«=i 947f2017 Nester Estelle R. Separate Property Trust 1 625 Ada St Naticoal City, CA-91950 Refs Pam 552 241 04 00 Dear Nest Estelle R Separate Property Trust, This is a meninder of the letter we sent you on 917/2017 and we have not moved payment in the H of $550.00 Mew do not eve payment with 10 days we will be required to seek appropriateaction to :conect these monies. This alien way include Rug an abatement lien on your ry end &awarding this bill to our colon may. Under state and local law, costs tar such ;..4*,►a will be &Med to your total amount. Please ter a cat to us immediately to wicid any further won. Make yotw ck k.payable to Fire Prevention Services, and include the Parcel fi 552 241 0400 on the check. SD ,Terre need to discuss this matter you may corgact us at F 1g- . L O Sincerely, Fire Prevents Services, Inc. rev.05119/06 402 of 647 RECORDING REQUESTED Ore Princeton ems, rim. . POBox 2O32 ' Alpine, CA 91 2012 .(619j 5 105S.Sot (619) 445-6336 `ND WHEN ICD MAU, TO Fire dim $ v oe . . PO Box 2012 Alpine. CA 91903 012 DOC? 2017-0483802 11111111111111111111111111111111 MGM 1 NICE OF ARAMMENT HEREIN DID` WHEREAS it was deteroxiled that a violation of pier 1,36 afte Nuked city iazzocipei cade Olt exist and WHEREAS such viol was ordered abated on $12340.17, a nd WHEREAS reprosesaatives ofthe NetionalCity Fire Dencronerdabated WHEREAS die pharge fo such abetment amateeted at620,014 THEREFORE ha it Wawa that an rissteuraor obligation exists ohe�'is�l eRSe1��T omtbepr��(grimmer Ss, National Cike, CA 91950 &scaled as *lows; APH if552241 O : 1625 Alpha S LEGAL DESCRIPTZ0N: Lei 4 fit 3i28 This abatement &Won sludi attach born ploperty, natthe owner, and after confinendienby the Cky Coati shaft become a special essetasist ion the ploparty tax bill It nut poidpnestrant to f kate Law end State 'Nig taw, the property may be Add to satisfy that obligation, The MIME ofzr.it tr.44tTF. iv. gam gm kbrest sad cteria d .f t ~ast 1 We the ofors. ' der appropriateseasonable: will be and to dab. Should Mg& Wide:* g�rowing or detonated to be DAB October 14, 201 Xas tom' Fire Prevention rorN On sober ..l& 2017 before me, Adgcfl Mjd lk By1 - - N thebasis of �lnlitheperson(*) whose Yd itlethe wire e) mad t o R' v> P ItRiment end e the institimmt the a> or the entity upon t aif of peapradvies�ir s eD PENALTY OF FER1URY under the.Wes of the State of Califirrnia that the theegoing paragraph W1 N . Tiny band and officialseal.is true . (Seal) SUMMARY REPORT FOR APN 554-112-15-00 06/08/17 Inidal inspection was made, property was found to be in violation. 06/20/17 Mailed 30 day courtesy mortice to the owner. 07/28/17 Re -inspection was made, property was found to be in violation. 07/28/17 Posted 07/31/17 Mailed 10 day fry notice to the owner, wed mail. 08/11/17 Fib inspection was made, property was found to be La violation. 08/15/17 Verified ownership information with County of San Diego. 08/23/17 Met with tenant to go over what needs to be done. /23/17 Work order authorization signed by District O foe admin fee with ion to 8/28/17 for abatement. 10/02/17 Certified notice returned "unclaimed". 10/27/17 l.P.S.I° crews abated the proty. 10/31/17 The owner was Wiled a bill at the contracted .sates. 1 I/20/17 The owner was mailed a feral bill. 12/05/17 A Notice of Abatement was filed on the property. 06/08/18 The list of Fixed Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC caswutmAnoN OF COSTS BEARING* was served upon the property owner by means of mar Mail, Certified Mail end Posting upon the property. • 404 of 647 cnlY OF NATIONAL CITY ME „:1,PARTmENT 1243 National City Blvd.: 'NATIONAL CITY, CA _ 19504596 NOTICE TO ABATE PUBLIC NUISANCE Owner (71.10M? ritlgee% Glenna. Adrian -Rene Meaux 3140 E 2nd St Data: 6120120r7 National City, CA 91950 London GEM& Nuisance: E. 2id St bunuctions toe Abatement A r r,L I Perini Number: 554 112 15 GO 4, 7 J.A - . ihigtantiptripra yeeee kwA.7 **nag pewai, walla aszedi3ei th=e,, actiftcy:72 MZE-F, eijny ftr, erem,%ri. c.riagr am. tiliirlta kt3 Cky hviza 'reviles stesum rtiy, .24 re... c4: gowdoei coto amok, promotion ao adadrcarecom. mem 16a vat 4- .e.sivs.1 Wirer= to Rd seetedort b oboe parporty (per Itaid.re= eirdbo. From yeaketioas me alsolikiecie; Sisildiastategmoougthwediassuft 14er the Przazzliat nib Land PcizzlY. ream di bank thewshle combanible pow& which is leaded Roan &to (SO) he co ow bvedred mike ftom such a Wakens rn Omen cc to the Pop line, Widmer is score; co as topried Wild Ent Dcgostment, Wading els sedegionos oval end other „swot ant 111111 thhlY 00) froze melt Mans cc stream Collies de to ba andred Sans de ploperty nod diposal of propel* %weblike is to beat widtin hie c2) inches orate 21EICKMarningfaraisiullectinain flugalahlaNSUBTSCER: Ryas bare pandazdyrecehed adios *an to Whore Depanosed of Nab ad Ouse or the US. Fhb old NEM Services theme. thraneed at endowed species of fah arrallER here Marred Ca Par prowl), is tin arms Identdied tko mei beat dem; you oar NOTRY BOTH AMENS AND !HEMMEN. CRY EWE DEPAIMIENTIN wgnmo AT MARTINE (10) DAMS PRIORY° ammo° varrATionasuunn. trzimen AGENCIES FAL TOOESECT OR NOTWY YOU OF ANY ALTERNATIVE PROCEDURES WITHIN 1110103 TEN (10) DAYS. 11:110 MAYMIEN PROCEED TO CLEAR VEZZATION AS DIRECTIm BY MS NOTICE. Polka to mot& alain loam agenda ney ender pax ihkes under Federalor Side Law to polikka, jwatiaad Cler • Cadt0.12ilit _roblIehrOaltRzireriM Any alas fallowing Garaged toe Inaby clatided to constiana a put* mdsonce: A.. When thefts Dago( bisiber den dcasolinzo thd dare edsillbieay Essidtag az es any pee let otc*.tolErrA. baceleas explatice sonadsis OT &MOMS deorradalizaz c lutbik Tria8°°981eY aftlittalladan %%WPM k hings. or soy Ilistd7 theradtii latIlteRh TM* Wit ao Amid to woos ES 4re prosiasx fin& otegusliong eo qr, ttesissoes, gobs osuipmps, doors at windoci tasembly Indio intorlans *JR the operations oftbe Ike deperansit cc the mess dire occoprals of cad: boRtitop orprenrisetc or Sado Nat Os eilbedmess Nyack doer, etrie somata' wawa. martian will Is sedend; cc Rode Sid iny FOIrlSke arthe.Unticeas Fin Cede is being video& N Whzu done Chigrar War delta* deans troy Mew. sinalissetatr. Ace. tchnote, toms co VEser feebeihnricsogiockwhont cly Zuts;deTha &Rahn transesito tig) melco kmei. tam, at soaks nuked soder a Mtianally nteogahnd deg* be or upoo eny baNAgs. *nem or penesiv; epttEetp.o, mr.4-4.Tio es1.1 Ff.outc C. Mae Ustu. dasieuffro& ftf ettairket tide* hirrferalerdaemt inececm aw row ease at tocceeseaftbe beard at =ace orbs to a Bader *gm dist eraxeseity reessnied so nand bpi/aeonsOn porblie tew in sto4 tagelety awed is rearants. te4,. att. EllairetfAVI: al.InT clizo =b AS wecds. sestina losital teas area% Wm* taboo Focal, haft deiiiiWOHera the Sollowbir chop* *nab' dal Wade A. Week width harm& zda downy ar awn. B. segebrvib, dripessol, met err alba licarhar wiOnis meta enat trgi.spacter co te beam; ohoLrmum to adjured inposed property. C. %node *id' are odnewhe node= at *waft • ftlo= paisec lit/ tits, de =Ease ofgosiA s..%St elte=tt=a 6 EizgaTootW keit. E. Dry grec, stabirh, bah. *farm elem. fRatichtz fin zdt1Y*araght a *a hazard in s porfen of dm City . ebb* hos I= zoav: okee arsil esta =dhow wpm l'eta* Maple— *at atiffioneakil ittitidlokistottemessoser *Ad 11410skotiwkiss pmp. midigibsd otpasked Ws Nil* =MOM Atee co-sim obilas 1±0100101* 44. ftlitv$44405 _ WNW*. IIIIESEINIdier ornsterade S'Im an of NetsTp Irc tgiliitftkoosenoii*obiiotryzAmilitaidie , ita pot& sest:w t.it)*.sito tteWSTer.401410RatovlaCtzilOzig &viral VIP. With% ten (10) dros kin Ihv 0Ila of Fob& :.• k . eraY %veld io the alp Council. soca oppeu -'1,14-4061dItt filfinitbthEcter ' Egrashaddloo,ziar.401:11RoditkboVed Noe to call Rh actible 1-1147704774 SI adif itottlantaiporiktd 11 moo* 1416.77.3774 Ss" „ tarad,orotepo ma numersas Ito: 14(4.179-3774 NOM* yews is public slaty. 14164”11-3774 eat, 311 at lispraircinewatisaant kaicel sin@ tv 'mites lama tic den is qr.:a this =ter to dap CV Courelit *We tia) derz a a we* e mFtw.ft-f-7.'2 %tate-Cot:1ml (WITAC 2.2Zzgi. Eitfttrrg- Serviceseft 405 of 647 embed id& tke City allackolzi CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 41oat Ct Ind : NAT hl, 4AL O.TY, CA. 9195114596 • FINAL NOTICE TO ABATE PUBLIC IU ANCI O. Glessoar Douglas4 Ginner Adds: 3140 B 2tsd St Date: 713t!2A11 Notional City, CA 91950 Location cf Public Nuisance R. 2ud St lashutioes for Atraicumet Parcel Number: 554112 I§ CC You amber* directed so abets the pain abaci described shove. vfwldeh y+ou•am the oonspant or greet, t7Jitibls b op) dayu at7fSl/J0i7, gamut More is with this ceder will omit to you betas obaseed die admiaintative the and the City bad your properly dewed try ire c coneseter atamense (per bobcat City lehoiaped Code Chapter 1.36). A 330.00 ova the will bo carpi it addition to the eco aettoe's ices foetal the property (par Resolution somber 94'97).'Radians rta also aebjeot to prsseoetioa es reudeeneeeors. For the ports` as OMR and peepetty. rswaage ad bash. flammable vetetsdesi. or ansionibit growth Wide is tailed Om thirty OM Chet to one hotrod 000) fleet beach such a . or stroctane or to the property line. whichever it moor. or es by dm Fire . is th ice organ Ind other room than thMy�from mph bulldog oratrecture., Cuttings are to by reeeevcd llama the peoyertyr hoed disponi ofpeoperly. Verona' is to be at rain two inches Odic L e-Jr• 0. a.r :•_.fir"�;w Ern love deceived a coded from the CIES:rala Deportment atFis h and Game tr tri ILS. v :` tics rec. threkenved or e4drsgreaed species cella or wheal hove exemod a1 poor peope:ty in the wands tedeetrled dR feel brook dome, VOLl MUST iNCY17FY BOTH AGENCIES AND THE NATIONAL CRY FitE ItEPARTMENT IN WRITING AT LEAST ml OR DAYS PRIOR TO BEGINNING VEGETATION CLEARING. IF THESE AMC= F111i.'lo censer OR NcrM Y YOU OTANY ALTERNATIVE PROCEDURES WI1i i TEOBE Tit (1 DAYS YOU MAY THEN PROCSED113amut VEGETATION AS DIRECTED BY TIES IJOIXE, Mho topsovide nstirfi sloe Iodine ageeciea Noy make yin wades Foloalortltae Levu to pew. 't: 1;!:4:. P f.kl :.+! t1. _ .i Any offer delowingeendliors eery tiectled M coastitale ■ madonna= A. When die Firs Chief or i►isilrer dais= d minirhss due there exists in ter basting Groom prone= cc ingsitake Ma iais as of unzeramo cycnothiminse o'er, hem Analek er soy highly flonotaW materiel tthith so skeet es to otiorazt — Fa ea prosy; or fireir oitemiceiCer to her on fire escapes, stairs. psseasmays, does 4111M10001Sat y teed to ineedice with the vends'as of the flea implanter or the ems of the ocamons death Weft amnion; ere Suds doe the effacemonis of ray nth dam, attic repcntion or eny fire separdica wall is ram; or forth. thoieayprovision af'thaWarta IWCoda ishag Mord. When ONMrs Cater Botha &Open acme any chimney. motheatard. MOD. Mar intanaler. throne oc odor dcvioe, &Mak Emmy ar ciy ratoraorsco or h older a natioetty remind sandred in or tom any or pc dies apt speeifcelly optioned in the Mann PTIV Ced:00bo &Actinicassethsnestoerec e C. Rion Raiire ChM's:las ber*Moan finds may condition which in hisforcloCpmme more may CUM CM inereme of the bused or Marco (afire to c Sato awe that eatoramily ercapaired wadi trgY �.. kt, as a lte of eorteri by persons is the � cl<" nab* mooed* prevenfrig, apposing or eninguithims � ore AS re bested Greets. orporde iiRei q ink R'ssoe %t ,'weoeds•skiinclude A Weeds which bar seeds oh' downy or Whigy astum B. Supotoo ,down.edamother both oirmeth which Melo midi ihrpcwastoItem,when dey,atiet to sow bemired papaw. C. WeethWit* are othewbemina crampoon., D. Paieotat ash potam ivy Woo the conditions of growth ate such as to combos' a mean fire the public health. R »t9' ran stubble. Musk titter. or odor ilemhnnb a ealerisl witkb endarprs the public fib+ Wanting* Era board In spaded. of the City which has bean zoned isrsiu Madill meitiplc taideece mow ` PobScNuIa cc4'sternswyeaaditlaadefined.ordedsiaiflatheapat errdraoeethiii~ chain,aadformid oonditiOa w hich s lib to the pubhC health, caddy and wears or width � obstructs, Wales or iater&ses with li f e namable mainlined flee.Ito exist in a ceighbodhosi, ecomanitya to any considerable rsnaber at prams. A public soi one nooks the saute mewing as set forth is Gtifbmhe Civil Code Sa do 3479. *from tt Itehim nai:" Villein mu go) daps earn date ofpteinsr - itfofF� aiistifisioratediOisa or resailas cal Cot c`r eflheted nig appellate. City Cowell Soehoppeatriatit in nelltratodedulitedieda. with : Hyatt shook) have rum onatioar, pirate hell* to tali this umber 14.779-33 74 Si sited ilenedger n prtgesta;por Woe pace al immerge ldi6.779.37t4 aaunaas Ineasonps, Moan* lam ps ea aumeroegIke 1.U6.779.3774 Einem* youn hi mak , a°Yak lode the might to wed this owner to the City Council while ton 00j inn alike receipt of this notate, 1i66.779.37771 ens. i111 or hdprillimperreirtionzat Ile appxei dell be in rest* ond illed wide the CVO& ex= 136.050j ***Fie Preverdia► Services, Inc. is under COMMA with tie Cityro[Niainmi C,1t¢jr. Fire Prevention Serrionto“ 406 of 647] Mire ?reveal:b.* Servii 2s, Hue. P.O. Box 1720 : El Cajon, CA 92022-t 7Z0 (866) 779-3774 : fax (619) 445-6336 btip://firepnwentionmet 10/31/2017 Glessner Douglas; Glessner Adrian -Rene 3140 E 2nd St Mare ati, CA 9155e Parcel # 554 I2 15 00 Location: E. 2nd b't Dem Gleaner Dougba; Glesseet Adrian -Rene, This letter is to inform you that the Public Mom am the above mfirenced pmmerty was abated pursue* to a prior Notice to Abate and order &etc City of National City. Fire prevention services was contracted by the City ofNatloonl City to help reduce Public Nuisance; and potential fire violations thus improving the safety of its citizens. The abetment imrk am your propatty was pmfonned as mandated by The National city municipal code Chapter 1.36. The charges thus fir to S755.80. You will incur no &idler costs if this moan is paid within Nees (15) days ofthe do% ofthis mdse. Failure io pay ibis bill inay NS* in di@ filing ofen Eon Taps yaw property, Pima mn-he yam chzek payable to Fire %ward= Scrviccs kide4158.z. Paftei 554 112 15 M as the ciwk If you have any questions pisn =El les a= at Wig) 779-37741. Fire Prevention Servioes, Jnc rev.05119/06 407 of 647 e Pr.venthi S P.O. Box 1720 : El Cajon, CA 92022-172 (866) 779-3774 : fax (619) 445-6336 ht tp://fireprevecatt ,move 4�Z 11/20 117 Glessner Douglas; (Messner an -Rene 3140E 2nd St National City, CA 91950 Ref: Parcel # 554• 11215 00 Dear Messner Douglas; G1essner.Adrian-Rene, This 1s a reminder of the homer we sent you. on 10/31/2017 and we have WC wed paygnent in the arouJnt of $755.0O If we do not ! eive payment within 10 days we will be required to seek appropriate action to collect these pones. This action may include filing an abatement lien on your property and forwaiding tliis hill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a cheek to us idly to avoid any itrtfier action,. Make your check payable to Fire Prevent , Inc., and include the Parcel # 554 112 15 OO on the duck. Should you wad to discuss this rnetter you may contact us at ) 779.3'774. Sincerely, Fire Prevention Servi ➢ Inc. r v.o5/19/06 408 of 647 RECORDING •REQUESTED P Fir* Prevention Services, Iptd. PO bloc 2012 Alpine, CA. 91903-2012 (619) 562-1053 fax (619) 5-6336 ' AND WREN RECORDED MAIL TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903-2012 DOC# 2017-0572273 I.c 08, 2017 U:OS OFFICIAL RECORDS Ernest J Dron.nburg, Jr , SAN DIEGO COUNTY RECORDER FEES. $0 00 Pam:? NOTICE OFTEMT TO THE CURRENT OWNER OF RECORD AND ANY Furum CE JRCHASERS OF THE DESCED F; OIETY WHEREAS et was determined that a violation of CIS 1.36 alit National City Municipal Casle did exist, and WHEREAS such violation was o abated en W2312017, and WHEREAS opezePitatives of the National shy Fire Department &weed the violation(s) o i 0/Z7t2017, and WHEREAS he charge for such abatement annotated to 3325.00 THEREFORE he it halm that an abatement obligation exists on the proparry regardless of owner tea property is Gar Adrian-Raveat 3140 E 2nd•St, Nati nnl City, CA 91950 described. as paid. The await owner sidle A1'N 11554 T 121d 00 ADDRESS: E. 2ad St LEGAL DESCRIPTION: Mae St Opl & /Exc N1y 155 Ft C1fEly 60 Fit Ely sD Ft In Lot 40 Tr This abatement obligation AO attach to the property. not the ow.ncc, and mar not be extininisiled by a tax sale under the Celifarnia Revca a —I and Taxation Code Section 3712 After lion by the City Counc§i dual become a special assessment on the property tax bill, If not paid pursuant to State Law and Sate: Tax Licit Law, the property may be sold to saw that obligation The annum exult claim shall be plus interest and other costs whisk may hereafter ids due. This filing does not preclude the finof legal new' n far ariEmtion, Should such actions he required or detaanhhad to beeppropriale, reasoaabk legal fi"es will be incurred and filed to said obligation DATED: limber 5, 2015 noiaty Sate ofCaiifarni . ,t County +Apia cif rat Designee fosr National c Fire Certificate Of aitbch,d, and rrot the bu�idMu, aoanracy, or srdldI c4allt doaurnsnt 1' On December S. 2017 before me. AngOi:ta Michelle Byingto. Notary Piibftc, PeroomdlY appealed E who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) isfare subscribed to the within instrtrotait and aelsoowledged to me that he/she/they the spate in Ms/herlthe:t authorized cap y(ies), and that by his/berhhe°rr signature(s) on the.Irishman the nerson(s), or the cattily cpnn beheir of which the perms) acted, matted the instrument. certify under PENALTY OF PERJURY under the lows of the State of California that the foregoing pair is lraa and ooimct. (Seal) 409 of 647 SUMMARY REPORT FOR APN 554-112-4 64o0 06108/17 initial inspection was made, property was found to be in viol. 06/20/17 Mailed 30 day courtesy notice to the owner. 07/28/17 Re -inspection was made, propertywas found to be in violation. 07/28/17 pow property. 07/31117 Mailed 10 day final notice to the troVilft, certified mail. 08/11/17 Final inspection was made, property was fed to be in violation. 08/15/17 Verified ownership information with County of San Diego. 08J23/17 Met with tenant to go over what needs to be done. 08/23/17 Work order authorization signed by District Official for admin fee with extension to 8/28/17 for Est. 10/02/17 Certified notice mtuined " aimed". 10/27/17 F.a .S.1. crews abated the property. 10/31/17 The owner was mailed a bill 811 the rates. 11t20/I7 The owner was mailed a final bill. 12/05/17 A Notice of Abatement was filed on the property. 06/08/18 The list ofFixed Charge Special Assessments wanarr "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS RING" was serveupon the property owner by means of Regular Mall, Certified Mail and Posting upon the. 410 of 647 CITY F NATIQNAL CITY ORE DEPAMIVIENr 11243 National City Blvd,: NATIONAL CITY, CA. 91950-459 5 NOTICE TO ABATE PUBLIC NUISAINICE Omar Got die Alm -ice 314082ndfit :6aW2017. National City, CA 91950 " morPublia N o 51 g2ad S vi y„'i':_ ,S4s: ) ..::I _ _ * QYSC 1' +';c. t --11 t You ore beentorti to Sete the peak Mu= dessibest arm efinto moss or'mar, w►t cgo, fokerg gement $4.1rce Ursa to qualpbt dia. agar Via t tet Zia CityWoo= pregsa4awnedWO:o a asonstor dam manna 4isc Nand City erserkipst Coda Flaps@ l tom. A' M.0.0O olodoisislas * will be doomed is ofifition to tbit orxaineoiaa'it ies to des dm yonaily ass Reeddisto umber 91-97). Vidt6oier pro afro nutted to psratssiodossetaces• `._ leer the pieatioo Oh r! d piney, remise roil btu, flosomilds onstdian. or amsbuodble row& stilt b l5 Z'ir ns Indy OM foot to one isadtat OM) foot frees eats a Win or tersolza is tads peptety idarkeiter arson ss so yotatied byes Fite Diporomo st, dean rid adlar rapaiatlen solo Gam thirty kat mob bealdlog onneirts. Oadoes cra 1',o Ise meted Rosa dm psporty disased epos Pegatodas bs tir be Alt Wale ono (2,± how Vie Wyatt** pratrlotuly too ed a oaks Roth *e • , ::. Dgisileraat . Rik drrd $G'ire otttia IUSS Pill aid Wlldllfb Saeuleee Sot are, hiemdaed so esddrspered spooks of Rob or lava boars ii as your pdsi ay la the teas 1dudi ed Its 3 back dame; YOU MUST NOTIFY Dana AGENCIES AM THE NATIONAL CITY I#IRE DEPARTMENT 07 WETTING AT IZASr TEN (10) DAYS PRIOR TO ESOIRMIO VEGETATION CLEARING. WTMESE AGENCIES FAIL TO oai5croR wain TOO OP ANY Ai+77iRt1EAT1VE PRCCEDURES WIrBIN THOSE TEEN (1O) IMY% YOU MAY TIEN PROCEED 7uaI3AR VBGETATION AS DIRECTED BY THIS NOTICS Perigee to pliaide soliRatiarr a ib= @tames may easdtryJdu Sable ender aixd at Stole Law to pares. ke iilowlegamditiorn otabooby Seised toare!altets op skim - PAW rd A. Wiles the Fite adds Weer deslosii desaardeeee fat &eye edam i soy bolas or an iiy moors asebestilikluzailms it splodre mar ssanmildion of tobiiet; or matoiaeey ao sable ohs of as>eepeper, bozo,dseri4p, dr eft Seim* irlsisisialr *Ida ore so trod m le miaow lire amp*: ;or Rods o4siisatSrzte to or so !tide acorns, gape, possuirons, doves se oleos Ike resssmbly bad le Steam oaths opedaetioos ride fits daporetreei or dra ogres elk Despise earlsbtu ads : art fads ttat ire Ofiloshoseio eras dark door, attic sepioados or say MN sgreeaiss tad to eid!ooe$, ae Sods did ow IL WW1 ibe areartiermAzderm doss on shimmy, stmolss ia*,piere, oven, ba bo arr:'6aeroe oroaerhs +iet►iots, ON* &Iowan go Fin Cede, to be or Sala soot ie ilk samobed s ti iud o a ups sly b , eaiselrre et "Nosh* sot !r eeecinsod Is roe thews C 3ldtea Sone MOT& bisibto daeiee Reda ony coodiSra is Iddityrjanatia lasso@ are ray nos am imam old it not co stem afire ton rosier degree that cosionsolly siontioad sods& by poems Is to poldio sends ends* oloomsd parmestino, stonoesdor or esidisiddithe fito ar osy thin or tat isbidi soy obetrost, Whir et lakdoe INNAtig wafts feta Eta ditendessit ita tyros downs* See twos elem. All weak pistin celostal ups Metes Abatis &sink porn* the kilosig Weeds urmleb base soh of a daisy& wham taiona B. , sad ad+ atbas tag or wads Web Saba mirk law swab El % WAWA %%cm dirr,s Boa memo biodJsoaat istproisd properly. I� Atha p CVO thzaa 74ri tr.�i a0 £EMS a ft OltMatt iZi455=43OWOa; .Sw�. E.Liz son. .3o„ bask vex, or other liSnisifia coriadok tidal wick= is stagy by 2 Liia brood lice portion Mu Cliy *doh borboin sea forstiVe didmot* reoldenos p*iposes. beds Oeoiersd b brs t• pubiio sidro ioa Far The papas aide dopes, *weeds' I ii laotade Wok Misuse memo ocy anikka MAW r>r &deed 10 bd: o peis& mimeo Is o y adios of Ids sok, od aosadidos Foritittod �¢ mishit oesetbutee a Seed to iRa psbVd keit, oohs oat trat m to adiesb sigolikandy obmr cm, or Ems volts Cie ismonaide of tea tmia air paspoity In omisimisby or to es onnsidostbienandierof proems. A Odle aitherm din hes tbse tremike:a at Ste in Cons* L'':vil Oth EatOse NW. Within dim (Mays Sam is de riposting r of persoiit seiriot . Om 0° • " 7.otilier or moos or aaddrst►iaa soolt Jot or probes sDbeled sir die Ci y.Caarcd. Sodrrppe l sbdl be Said* sod Saba Ned @alb **City Mt 1f ysuibdwid best en q i tedoss, plats fed litre to ad ads somber:1•lfft-'I79-37'1t1 SI soled ilesaibrisi prap.rgr►por fiver lost d sotst =1416-7194771 SiassrrrSbalesi ip es.losdsatiisspfwriesosrratrpItot 1.1114733774 SisoenlyyoorsIn priiio sky, coY�l� 0 tF to + t` r r to C l ho tin 66) oldie receipt of thb *dim1-06641l,1 IaR8iisrlfitlprJ/ireprereslisidet worl 1 .-::If ,... • n .,%lib &aCisMt M 1,� owtviSv �.:.�SL` '` y:r.`o,wvi°v,7aids+n"i. al,0$Ittir4A 04, FitePanels Sendermuo CITY OF NA o ONAL CITY FIRE m lirr 1 i Blvd : NATIONAL CITY, CA. 915 FDTAL NOTICE T1x ABATE P LEO NUISANCE Omer Gleam Douglas,-Glessim Adrian -Rene Address: m4 E 2nd St Data 7t31 617 Cs CA 91950 Locution ofPublie Nuisance: 3140 It Si Issiructicus w. t #SAG s LL Parcel Number: 556 11216 C %'f� ;fit.",fit .: ' . You am hereby dosed to obese the pddic noisome desersibed a °fatale pm we* moonerr owner. water tau i1 *I dos af7ljllll17 ',Your Snore to teasedr cridr this order will result in you being charged the ainiehostire ha awl the City having your papaw almairg by the awl aeaheasar at nit expense t Miami City tdroiaiped Code I du will be doted in Wiliest to the feel to data the t Resolution number 94 Wisdom era also alkidde gfammtieligagmblvathgon Far the protection of life ladperltatiy, moose al band, ilemntableaor coubusttha poodt refudh is loaned flour thlelY to ene bwtdocd Pooh a boddiog orshutti shutting or to the properly line, whiehmer is nearer, et ea rooked byte Five Department, Worn maimenemo of ORM Stet from then thirty (30) or loomCredi pr we to be rostoredttram the peoputyaad *wooed ofpreparilr Vegetation is to boot arot2 e lks Moot ify:o have previously received a whey from the Cathode Depatment of Fieh fed OHO of the - `r. t, ^ Fo►"6-- of fish or w have mooed on .your procaty it the seers ids tier Sol bleak ciearsrree, YOU MUST NOTIFY EOM AGMS= AND THE 1 TIONAL an" ons. thrommud or endowed maim FIRE DEPARTMENT IN WRITING AT LEAST 'FEN (14) DAYS HUM TO BEGINNING VEGETATION CLEARING. IF Tim AGENCIES FAIL TO MILT cut NOTIFY YOIJ OF ANY ALTERNATIVE T IOSE TEN (W) DAYS, YOU ICY IBEN PROCEED TO CLEAR YEGErATfaN AS DIRECTED BY THIS tar= Marc to probe us ion lo theta agencies may render you i;ebie under Mead cr Sate Los wpm I". ,'.._ 1'I4 .f . .4 isJ :.,r. Any of the tbdoeeiag =dittos as leany cacti° to constitute a pie redeem A. krilheit thro Fire Meer biefor Maims tFxt eing ebb is QV herding or on my p ilfe or property; a- Roil obstructions moot of mbhisin or onneetasszy aseenaktions of wallpaper. Was, rho ier, err my highly flUSINg612 Maileridt Wilidiicih1ad Si to spy or the e t oa�rBa of such err on dm era,p� of parities; stark �, doors or widow that r toad to i the of the fire that go ter cf T aide n Fire Cade is or that tluafthOtirrmerr deny oil a r3tk aapaeaaiart a �!' fine aeptrshnu ,ydr is radtroed; department B. mono the Fine Chloror *Oar designee Menu any chimney. embank etove, over% lueLneretar, Sornacc pr Mho hosing device. dock fro or say rrcurge rare two). or rl a rammed er • y is rd Prendscrd at or aeon re,' Orman or t nee + 9 mentioned In the t Fire Coda,iebe aacmnsalemeestooafaaken C. What de Fire adder Ida One axiom Sada wry coddles Web in or nay muse ass hioaseefthe hoard or raanae aft im a water .avret a r� ca Ely i is the public smoke samele in or which wry o , May, hinder or Wake with dm opwrRiOne Midst Roe Mutant oc the 'agr w od' i►taof a� net Ad Weak purring orhomed WOO sheets. pirate: welase..:f_g__.toles h.. $ _ur dia papaw Of ettePter. 'Ws"rfarU Include A. Wont WA btu mode ofas &wry or voltrgy gaze. C. W °theorise noB. Solos* eitopsuct old iv xther btu* cr muds ious which soh h�agna r cryobooaaa� v dry, afire menace to, D. Poisons* zed poison has' MUM the eaurationg a eft such as to oonsUirto&mimetthe the Feiehodflr. . Dfy grin. oubble, bau$. Utter. or Ober flonernhfe t ths p by mated a fin, bRese+d in aportiott ireibeaff Jae., hrg boa mod du single cad aoesideece proem = *Public Mime means apY=Micao?doviemet to$eapublic whom _,,.�:R1 which a Moat to the aic5e bad, may tad wU which i in say scalier oft* oodr n Z sod eanditib erg. or p to Wu neighborhood. comma* or to niy able ro�a af'�ss. Apublic .ass p tifPh the Otte use property hi a asset in QrGfitrrelrCnri! Sean 3479 Waldo tea (ig) days ROM 65 4,68 eosin' .. ,: *lb*. owe orFacer acopgnngoaototralling such lot or rosy appeal to the try C.ovnar7. Such appeal shall be in writing and small be Bled ridge the {fir {Epic Fataises affected M ymr'herald have easy mustions, piers fid free to tall tilt amber: 14156-776,3774 RI sided eleneddlose Pregmb. par favor Name al ealiere 14166176,3174 Ea ammo hetaguagan, Woman logpe sa aacraresag lice1466-779-3774 Smartly Yours In peek tray, i l.*6PS.779�3T74 mt. 311 or "You bare the right so appeal this mat o lathe CZ y Calla wain len (IS) dews Gabe receipt °Ma oa:eet The aped sherd be in oiling and fled whir the c1lyClark (MAC 136.050) FinmePremoden.g +*s ""'bite Pre nation Soviets. Inc, is under gaigEre with the Citr afli rev. BUMOii3U06st1P5Gt O 412 of 647 Freve ' = .i P.O. Boa 1720 : El Cajon, CA 92022-L 720 ( ) 779-3774 : flu (619) 44 3E htlphilrepreveatkeLnet 10}31l2017 O "G ' 3140E2ndSt National City, CA 9113'5e Parcel # 554 112 1600 Lion: 3140 E 2nd St Digdir Ciatiter DouglacGlessnerAd Ibis letter is to infolus you that the Pah& Fiwitaraote, on the above relbrence4 property was abated pu rsawit to a prior Notice to Abate and order date City &Nazi r a1 City. Fine Prevention Services vtas contracted by the City ofNational City to help reduce Public Nuisances end potential tial fire viol thus improving the safety of ke dams. The abatement work on your property was perfcumed as mandated by The Natio' l Clty Murdcipal Code Ckap.... 1.36. 'Me daps sista Esur total S392.00. You wiE incur no further cep if this essoust is paid withinftl (15)days of the date oftisnotice. Failure to pay this bill may seatdt in the fling of an abetment lien upo your property. Pheasc make your check payable to Pie Prevention Services end elude the P 16554212 ikle4aafaagi 1fyces have mkt questions please call us direct & 7794774. Sincerely, Fire Prm,ention Servioes, Inc, m.65119/06 413 of 647 e PrevendoMt Se74viceo, o P.O. Box 1720 : El Cajon, CA 92022-1720 () 779-3774 : fax (619) 445-6336 Iattp://firepreventioa.n t Final Bill I1J1W20I7 'Messner Douglas;Gle Adrian -Rene 3140E2ndSt National Cis CA 91950 Red Parcel 554 11216 00 Dear Glessner12-ouglasA Meian-Rene, This is a reminder of the ktter we sent you on I O/. 1 /2017 and we have not received payment in the amount of $392.00 If we do not receive payment within 10 days we will be requhecl to sew appropriate action to collect these monies. 'This action may include filing an abatement lien on forwazling this bill to collection agency. Undue state and Ion law, costs for such action will be added to your total amount. Please tender a check to us inmiediately to avoid any further aeon, Make your check payable to Fine Prevention Services, Inc., and include the Patel # 554 112 16 00 on the ck. Should you need to discuss this matter you may contact us at 737741p Sincerely, Fire Prevention Services, Inc. rcv.05/19/05 414 of 647 RECORDING REQUESTED BY Fire Prevention Spices, Inc. kia O Box 2012 Alpine, CA 91903.2012 w � ' (619) 562-1058 fax (619) 445-6336 AND WHEN RECORDED MAIL TO Fire Prevention Services, Inc. POBay2O12 Alpine, CA 91943-2012 DOC# 2017-0572272 11116111111111111 Dec 08, 2017 11:05 AM OFFICIAL RECORDS Ernest ,l Onerteniu rg, dr , SAN DIS3O COUNTY RECORDER FEES: 41:Ml.n Pit: 9 NOTICE OF ABAMMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERMTURCHASERS OF THE HEREIN DESCRIBED PROPERTY WEiREAs It was determined that a violation of Chapter 1.36 of the National City' Municipal Code did exist, and WHEREAS such violation Was ordered abated on 8f23A2017, and WHEREAS representa*h s oleic National aty Fire Deportment abated Ate violations) on 10/27 I201 T, atd WIEREAS the charge for such abatement amounted to $4 2.00; THEftftiFoRE be it known that ug abatement obligati= mists on the property re -dies of o n c r until paid, The current owner. of the property is Glamor Douglas;Olessnis Adtiarasne et 3140E 2nd Sr, htatteard Cifv, CA. P1930 derraihecl -ma follow AFN # 554• 11216 00 ADDRESS: 3140 E 2nd St LEGAL DESC YPTIOA1tJExc StOp/ ley 1'3SFt' OfEly 60Fth2 Lot 40Tr 24'f3 This abatemad obligation shall attach to the propeety, not the ewacr, ad may cot be extinguished by a<tax sale under the Callhetis true and Taxation Cow Section 3712. Ater cootlrmaiion by the City Cotrxc13 shall become a special assessment on the propaty tax half. if not paid pub to Sate Law and State Tax Lien Law, the proveaiy may be sold to sates that obligation: The am our A reach claim shall be plus interest and other costa whidi may hereafter become due. lies tiling apses root preclude the filing of legal action for conend011. Should such auctions. he requhred or detaasnined to be appropriate, reasonable legal lies Will be dried and added to said obiigatlon. DATED: Dry 5, 2017 BY, 3t.,Fire kt ms �xOL ' tire 3 :.:�«, Cordillerami Sue °radifa sty Orkaika On December 5, 2017 belbre nu, MftWifteMehenelliggsgajlegaiNia personally apt sadsl my evidence to be the persons) w name(s) Ware subscribed to the within instrument and awl proved to ate On of a sane histhcrlll�r tat oozed capeaity(les), arod dist.by Sislhaltbefr �aturc(s) oa the .c to ror that Jrnity upontlrsy executed t:� *Mal the persna(s) acted, e3Lecu't instrument. lzasns(sI, or the entity behalf of 1 certify under PENALTY OF PERJURY under the laws *Me State of Calitorola that the tregolog paragraph is true and correq. TIMEV., m, had and set (Seal) 415 of 647 SUMMARY REPORT FOR APN 557- .01 a 1 , 2/17 Initial inspection was made, property was found to be in violation. 08/17/17 Mailed 30 day courtesy tics to the owner. 09/21/17 } lgispection was made, property was found to be in violation. 09/21/17 Posted property. 09/21/17 Mailed 10 day final notice to the owner, certified mail. 10/02/17 Final inspection was tnade, property was found to be in violation. 10/04/17 Verified ownership'information with County of San Diem /0/10/17 Received signed certified rem receipt. 10/12/17 Work order authorbadon signcd by District Official. 11/06/17 F.F.S,I. crews arrived to find the property in compliance. 11/07/17 The owner was mailed an Administrative bill at the contracted rates. 11/27/17 The owner was moiled a final b 12112/17 A Notice of Aft was fled am the property. 06/08/18 The list of Fixed Charge Special Agents SIT "Al and the City Clerks "NOTICE OF PUBLIC COWIRIvIATION OF COSTS HEARINO" was served upon the property owner by meats of Regular Mail, Certified Mail and Posting upon property. f 416 of 647 CITY OF NATIONAL CITY FIRE illEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91 -50-4S96 NOTICE TC ABATE PUBLIC.NUISANCE Owner: Delossantos Man It Address: 46285 Plateau Dr San Diego, CA92I39 Parcel Number; 55710119 00 Date: 8f17i 17 • Location of Publics 1433-1435 E 7111 St �' t:, `• J`i@l!r.raff^.C:rt.�ilis�w:% .' S 1 ` _ 4AC.L,�nf ";rt oohs' v i l�s a { YF R: - �r� �e7 _ �t t . rat. (s,,, ----.- s� a� pas':;: also subject !a Far Okg pagigal.105 en ere ari�yatr.obse ( y. t rill brush. •dararnaula • soda a tag or swoon a to the property Hue, whichever is'�' er e°°e WOW* Widthis belled� t - ° `w � or at by d o Fire i ' cm Sot to aeon me tr4@i 6l om r amtabaafattoMsd Haiti the pigmy and dGpsaneQ esmodust It in be oat van-1441 r • � tJida xai`SCRir �ia�liEWl ae � re�itrfd iaaoatap blots the(a�ondn p"`�", � ^�V' � �::6 �; � 1 ,BPECZZats so Oa US. and Servio&T. Caq Of 66, onfe mood ea year letvetf la thy : el ifttatal Iv IA tip& oksaosaa, VW MUSTNO17FY3D1E gC gAINATIONAL CITY DEP► iT Ili WRUNG A71EAS1Tad (d) DAYS i ? 1EE9�1!G t . IF <+ �1: FAIL TO ECNWTi t ALIMMATIVE MOCEDURES wrriaNTEN FIRE you MAY T121d Maim NOTICE. Pa o to F Rashest as to dune + err k r � To CLEAR 'i�Q87i 7l�al Al a l EY E1� My atria 9311otaks coaddons are badly decked to oorothase a paw nnit o Wagon lilb ne r ee cSG aSies to or on trite done* dangraras do co so shooed darter opus te.' r mime* of or Ends ltoat.Aie of to the rondos is md: ectlea aay provision tithe MOMS Faro Cede Is betas *lost is needs ; ar . E. Cike the Wee Chief or lamer deal.' tCe deems toy shimmy, smokestack, linktedlat *ran= s edter i # a r d end in ash011one or Fiat Coda, to he defrath+oor uota�ao as to teals a, bond. ° �' mod& alato or ptla , �y1 G in the a C. whoa tlte]�ittamePr_Irh_ oy„IV, ingy Wham aware ipt- 1-1-eae atrag= 6* canausally ftwsulkei o soma 'ty minas in do pnWe =oho ow/My omega; ita ILIWasigia stozozzaise ar Ere .et edtser = ort� it3 fdoamm -egfaseWhai43: o? �' sea Ailgooks er loud`.._ ' ne Of t lib beaky *dared La s tto fallowing piths oakum he its 3twpsa at B. Sisiwrit, eiSpirtei, not soy other Woofs Or mods witida.Main so a t�O as to when C. Weeds w ate od wls excises and '• s clumat, g E. DQ!' mate, ° r am t Wisl' stoic* �...sr,a t . iti +oy Within too (10) &yr Om the date orpOsting. oaks_, , : ; - rosy appeal so do City. Snob appeal adore" is sod WWI bs filed **C. °r °�°0 let orPathos Asood tryout gook Itirveiny.siostitiagg6stindeellie to eall tbirlanobart 1466-17 T4 # Mee ,! tlaae.al apwerae 14116-1794774 anenalangaranhowitowiliilinfime iaoesetoaillae 14144794774 XisoculY Yes is pchl'aG oft. *;Yea have Oa risk >lo appeal BMW tn the Chy Coon& whin tier (ltl).dsyy ran em receipt eels stake. 1-779-377drest.311w httpelamprentitlethast Theupped shO%lit wti sad god with tlreC C tom) '•'Fna Frevantioa Services, be. is w theef� Foe praaentlon 5�'y@ 0004119k weed, noutainod sir Orera iNed to edit tat tonsoerme off ells ate orptoperty la ■ 417 of 647 arry OF NATIONAL CITY ARE DitTPARTMENT 1243 National CWy Blvd : NATIONAL CETY, 91393-596 FXNAL d � TICE TO ABATE PUBLIC NUHSANCit Omer: DelossautosIAlian R Addt+e 6205 Plateau 13e' Sal Diego, CA 92139 Parcel Number 557 UM 19 00 Date: 9/1112017 Location ofFabric N i c ' 10 1433 7tir St Inalzuctions forte -;. 1 F S :r°I�rY. •.L'1 pt t yT'S� t� -: +e� �1 ;� i E. '..,. a .•yq... �,:.k .t _•- _ ll:•_ , L: it, ;y. k -: _� � s:.- s3 s: e11! .� ��� Yb °e �, 'ki _" : i - 4is .1041411 . You'rebeeaby dimmed eo abate the publc nudwooe deateribed above, of which you are the ar . WiffLi n kw(Map of 3/21+211 f. ve irmstr to comply with this order will yea& in pit being charged the adreialsaathe the and the A y Wag i by to s4 (per Miami Ciu Munidpd Code Omar 1.34). A 3330.00 administrative the will be drwged is dation die opaseesseort tsar to clam the swam (par Seaman number 9447). lridatioea are ehereabJeoito proateation as mildemeinars. Fir Ma iNggerikri br c& papacy. some aid brash, fimmablemeneettn, er combustible smith which its located !sear they (30) Seat so Qom harkedfast Sam inch a buddies of a cr o ex property line, whichever is y or at revered by the File Deponent, banding > r _ {tom? tb i thirty (it?) dear soh budding or struck= Cuttings into be rtahbred freer the peony end dlepossrl of primly- eOW= 6 to be Cut witbia Cul) C j iaohee g, t:I;i6 r.,' .. L, �., is l •. Er a Mire remind a maim both the CditheniaDepaetn eat of Fit and Oitilie r a . °oldrY - SLMWth a rue, Sweetened or eadaegaral itemise au' or wild Wale acearred as your properly is the wens Identified ibrr tird bre* edeirinee, YOU MUST NOTIFY' BOTH ACSEICIES AND THE NATIONAL t'i'l'Y FW! DEPARTMENT 1K WRITING AT Lew TON(io) DAYS PRIOR To moommo. VEt TATb »4 ° II' TENS AGENCHISFAL To oescroit NOW YOU OF ANY ALT1lRNATWYE FROCEDURES WITHIN THOSE TEN (10) DAYS. YOU MAY THEN PAD TO max! TAT + tit D/RECTED EY TIES 14011 Cft. Rem top of * trodfrstioo Sedum agencies may render you liable ender Foiled or Sato L w1a rtgoaltiei. Any eft following eondi6iaa wile hereby deeiued to einsilub s p hie moaihess A. When the The {ice Whir daiBiea Mambas ttaet there erg is rely builrfinn or on Bray t itomdcas cis amtwire > es of mbhisle or unnecessary accomsludnes of wmover, hack tom, r y Maly &,.•=nente remarias ' au se sleteralSB to eactvir Mbar per. fEces eirearmeisse tir a am was, . dyes aewiatimes tiled mom* tend le iateribre withH Sea camases of the Ere or the egress of the orampects of ark building of preeoises, or finds that the dreeeiveoem deny salt door, stti6 espiastien er any Erse operntion rail is c that cm pietelika efthe Lita ash Fie COd3 Is being ridded. E. Who *Aft Chor hf,rfiar datum chests any chimney. sonokestath, siovv. oral. &mama' ea er higehttristiee.flat+re os say aspotattepos thavits cr anythingnmakted under it shy armed itandud hl or upset say t maim as pritiaingt ism aanrdcaed 1n the thole Fire Cob, to ha istirceiveore. soaitomesa $tarsal C. ill* .l 3 Chief or idsfaer desipec finds try condition which in histher judgment imams erway come ert M ame efttaelizard or mem e ffire tb Q Paler daps due cutouts* meormized aw named h5' persons is the public spice'regalerly engagedJetprmattiog, swimminge& fire or any Neap or cse which areyobwrot, deity,birder c interfere MIt i s eflbrel14111112tth6 fire dambeant rr tilt: igrat of camemts i.? the F. . All weeds, ipoh inga rlaplad upon Oak sidewalks Or while properly are hereby decked taut publl3 esriir w Fat the pnrpaiea of this doom °fp-4,1 e', Wopit which ismr seals of'adowny ar mem. B. Ssgelestdr. dam, end other bradh or Wabris which eta such 1rr gtoe ss so become, Whew dry, a Sue wane 02 Dgcsari improyeed prapaty. C. terusAwoke ttosdeasarm° D. 12aima csk rad • ivy what the ooardit+arai of gnrishare such m to aU stitusa a ale m the the public Wilk a Dry Fao.atahbie bosh, deer, or other fammel is soatcrird wbish endorse the public safety by a Ga'harard fro n win" efts City Mkt has been anted for Mee and iesid nee popsies. 'Pubiio Noisome' mesas eery candifion defined or deciwed to be a public ouisunee le My scrim of Were*, , met condition caned, rrnitrbrioed or permitted to edit which oofdi ache a Swat to the paiblc'i health, edgily and weiare or which signy elisr its, hd0126 nftriatie with the iesaanahle affirm um, of papally is a trio aagca eldembie mmiberof persona. e1 public Mime deo hue the sox presoing as sat firth in getsClrilCode l 3473. Within ties (10) des Seca tic duty afpasting, miffing or premed amnoe (Atha rand* Dollar. the trim or pecum ocapying camollingem& lac= maws gnaw o va appeal tin CktrOvrtell. sail in raft tad shad be OM iskb thsCisy Chet. Iff.year ehoarpi have any quettloaii please fed.free to ea the narehen l4166r779,377$ Ill listed tinssipr Fregada,.perhear Name d eumeree 1414-999.3774 Se Moan lmtuqu, to swag kg pro as ahtacg bin 1-666-771-3774 Rim y yeas in public satiety, “Yrsn tiara the right to appeal ids ml*r to the City C7aaeefl within sin (10) days of of this notice. t.166.77 -377i east. aid or l mdfil epreosefaticaaaet . The wad shall be in writing sad flied with the Cy Clerk. (191CINC 1.36.050) $*°Fife Fret e:Icar SsrvicM Frye. is order 64.404 Brit ds3 City p£Notioall tom. Fee PICIIIMIJOI1 Services4°° 0321116, 011 06y2lAti 418 of 647 e revention SeCeZ)9 LIT,tiv0 1720 : El Cejon, CA 920224 720 ( 779-3774 : fax (619) 4145-633f litirititreprovendommet ADIAMISTRATIVE BILL 1 1/7/2017 Delossantos Liliaza k 6285 Plateau Dr Sao Diego, CA 92 h 39 Pared # 557 101 19 00 Location: 1433-1435 E 7th St , Dear Delossantos Lilian 1 Fire Prevention Services has been contracted by tEte City ofNational City to help potential ftre violations thus improving the safity of its ahem. Your property was minspected on 10/2/2017 and found to still be in violation. of die National City Munkipal Cnide Chapter 136. As stated in ¬ice, if the violation is not (lanceted prior to the deadline you win be charged 4d administrative fee. A final inspection was performed on the shove referenced parcel, as of 11/6/2(11 7 this parcekis compliance with the National City Municipal Code Chapter 136.in Due to the abaunnent sot being Nxrr4ft.Y1 by etc 6=414a." yom eta *min dwarad the airkinista ftm. Thus far your big is 350 and if paid wn Mew (IS) days of this notice no further costs will be incurred by you. 20,111 dZITa ficiyilb to F.P.S.L and please include tis e kie 57 101 19 Ge on the ehed. If you have any questions please call us direct at (066) 779.3774. Fire Preveotion Services, Inc. rev,05/19.105 419 of 647 Fs 11/2712017 Delossantos Lilian R 6285 Ply Dr San Diego, CA 92139 EAf en/1bn 'lee P.O. Box 1720 : El Cajon, CA 92022-17240 ( i) 779-3774 o fax (619) 445-6336 ht4p://fIrepvesveEtfiar.mtt Final Bill Ref Parcel # 557101 19 00 Dear Delossantos Lilian R, This is a reminder of the her we sent you 11#712017 and we have net moved payment in the apt of $350.00 rfwe do not receivepayment within 10 dwo will be rewiredseek p action tocollect these monies. This aeon may fncludo wing an lien pcoperty and forwarding this bill to our collection agency. Under state and local law, costs such action will be added to your total amount. Tease tend a check to us immediately to avoid any further action. Make yo clerk payable to Fire Prevention Services, Ise., and include the Pared # 55710I 19 00 on the check. Skald. you me to discus this matter you may coated pis 61. Sincerely, Fire Preveution Services, Inc. rcv.05119.6 420 of 647 RECORDING REQUESIED BY Fire Prevention Sevvices, Inc. PO Box 2012 AIPine, CA 91903-2012 (619)562-105S fax (619) 445-6336 AND WHEN RECORDED Amu, TO Fire Prevention Services, Inc. . PO Box 2012 AlEsibie, CA 91903-2012 DOC# 2017-0603014 ION 1111 111111111ANE Dec 22, 2017 DeleARE ill OFFICIAL RECORDS Ernest J Dicstanlvizg Jr. SAN mato couPgy mthafichER FEES: stm PAGES:1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNERATURCHAURS OF THE HEREIN DESOUBED PRDPERTY WHEREAS It am determined ihmt a viol of Chapter 1,36 ofthe Nglond City bitaidpal Code ad exist, and WHEREAS such viobition was ordered abated tm 10112/2017, and WHEREAS representatives ofthe %aced Clef Phu Lew intan abated the violation(s) on 11/6/2017, mil WHEREAS the shams fur such abatement amounted to S420,08; THEREFORE bait brown this an di atemest obligation exists on the promay regardless orowasernotil paid. The eturent over ofthe property is Delossantos Lilies 11 at 6283 Plateau Dr, San Diego, CA 92139 deserEmd as follows: APN/1337 lel 1900 ADDRESS: 1433-143S E 7th St LEGAL DESCRIPTION: (Ex SOWly 50 Pt Of S 11 Of E H Oftlwq Of Sect Oils 2 Qom 131 Tr 166 ibis statement oblige' Son shall attach to the prom*, not the owacr, and may not be mcinguished by a tax s* under du CaSfomia Reve4 and Tmatiors Code Section 3712. Me eonanotation by Ike Ciiy Council shall become a special twosome on the property tax bill. If not paid pursued to State Law aud Sta Tea Lien Law. he ploty may be sold to satisfy that obligation. The 1112103nIt sueltaisho shall be plus helmet and other costs which truy hmenter become due This filing doer not preclude the filing of legal scrim f•ef collection. Should such actions be requited or determined to be appropriate, ressomick legal Sas will be incurred and added* saidobliprion. DATED: D=ot. 12, 2017 BY.... Xon Osbom, Fire Pram/ion Siccedsc, Dol' lee forNational LIty Fire Department Cedilla* Of Aelmowkdigeoneat :• - . •.. . .• _ • _ • .17-• • • • • •. tilieldinitaeuwase adand not the outhadeass acuracy, er validity of tut document' State of California Omm3i cf &Lift& on Ammo, 12, 2017 behre me Attssighlaglagitagglegjigigedgigk personalty aPPeamd LTAWm who proved to me on the basis of satisfactory evidence to be the penes® whose name(s) istare subscribed to the ithin instrument afld acknowledged to me that belshchhey =muted the same in his/her/their authorized cap:axles), and that by his/her/their *micros) an the insertunent the penton(s), or Om entfty math behalf Of which the persoOs) wad, executed the instrument. 1 certify under PENALTY OE PERJURY under die laws of de Stse ofCultfornie that the foregenng paragraph is Ina sod correct. WITNESS rny band trod official scaL (Seri) 421 of 647 SUMMARY REPORT FORAPN 55 0 ,01=0 06108/171nitial inspection was made, may was found to be in violation. 06/20/17 Maid 30 day courtesy notice to the owner. 06/26/17 Notice returned "attempted not known", 07/28/17 Re -inspection was trade, property was found to be in viol, 07/28/17 Posted prccerty. 07/31/17 Mailed 10 day final notice to the owner, certified e 08/07/17 Certified ed notice returned "attempted not known"a. 08/11/17 Final inspection was made, property was found to be in violation. 08/15/17 Verified owmuship infer with. Cory of Sari Diego. 08/23/17 Wow order authorization signed by District Official. 1 %3/17 FP.S J. mawsabated the .property. 10/05/17 The owner was mailed a bill at the contracted rates. i0 2�3/17 The owner was mailed a final bill. 1 1./15/17 A Notice of Abatement was filed on the property. 06/08/18 The list of Fixed Charge Special Assessments PDGIIIAT "Al and the City Clerk's "NOTICE OF PUBLIC COWIRMATION OF COSTS FEARING" was saved upon the property owner by means of Regular Mail, Certified Mail and Posting upon the pmpeity. 422 of 647 CITY OF NATIONAL crry. FIRE DEP TME 1243 National City Blvd.: NATIONAL CITY, CA. 91958-4596 NOTICE TO ABATE PUBLIC DiUMANCE Otrrmr: Marto Salomon R & Kari V Parcel Number, 558 022 01 00 Ate: 807 Arcadia Pt Dom: 600/2917 National Clraq, CA Y95 Location of Public Mae= SO7 Arcadia F legitualeags fur Abatement st .a': a:,.y EE . zr.-•zr'r f..Y..,�...Lt.* ���r i 4 fs ,ms .. • i rk 2. • Yee see obrrctrdlasstreaRio soda shialaed tom. duo yaw wothe a ororoa; ar&P3itGM "Your Men to womb, oft Rho order vat orotit India Oty heviegslarroptdy chandWho s sa artanotor et= want ter Wised CO hteicipol Cada Cava 1.36). WE aes to oa is flbas to d 4ho paste paosacnicaes�. A AO be in sdditi 9447). Visitant an also amdieet is Far the paoesct ca of tffi sad Prow , r care ill balk"' . f cdsbeetiik Mathis beat tierts ajar (30) eadt a bats or st aairre or to poverty En; whiclsorer wax, or a raged by are pi,, $ d b ono dUMWfilar date gist kW that pm Rom. s na Warn or macaw' t .e to be eressved tine are propa" red of pry'. atadoo Is to In aunt weds 0) bow dive met If se how provicsaly neeived a notice tiara ttre tirlitMrreir Dominant Wish sad gitiGus irrltee ILL sad Wildlisp Sarafsiaes dertNes, theorised or orb es wi41lsv s oceeaed an year psrepeny in tie sees idoet fi ed is tied Istk cles ewes, YOU MUST NOTIFY HO+THA AND THEN A ( Tit et INFAR.TMENT Di mama AT LEAST TEN DAYS PRIOR TO UE( **WO VEGETATION CLEAIUNCL iF THESE Apt FAIL 10 MEC( OR tiomrr YOU OF ANY ALTERNATIVE PROCEDURES WITHIN TROSE TEN (10) DAYS, YOU MAY THEN PROCEED TO CLEAR VEOVI ktION AS MOOTED $Y TM NoncE. rebore pgrida aalifnik to Seas woke may render Pao & li a de: Maw datla law eD Pesadties. Wiwi May of f MMus =Mars rte hereby desitest e sonstiste a yds& 32PONSOZ A. rr:.. = !arta &sigma . ,e a now toGHtts woo my prank. cerahacib67 SMISEIPS i* or dregetor-s i or tads soo �. a or WI a Pe ea s as fs ea ewe aloe washers death [wM of Ent t�aa *` psarvfsicm etas C Ho Cods it t9rfebai.on � FS. What the Re Meow erblitor &stews (S . assataitest, ON auk M Smog x a oicateu, PEPP2tit koase o r my ow males segoined Nein a oodatedrl stessaissa areard k or von a ty Whim Mown c preseine id spadanlyresrddsmrd is the Whom Pisa Code, lobe deacon ea teach ant psis a limit C lIPPthe Fiat Cbldartaif= designee dads rayesrtatiosswhich it histerjosistent imams or rag met anianosedecIowa arAsasonoffaetoa wenn apse tlud rocegsized ssr asses! by panes bq the *Se aaviee segehrbr mod in prerenti,p, 114Ippwalig orb fro or say ding or Let watch tneydettost, dd% hieder or ieletRsmwith the ape shone dttefie depeNmeot orAmos daompsnts hatter mast oleo. Ad seeds, gr*o ing or knead epee stoma. silswtlks tho Wave pinto paionly haseby decked le be a Falk wire. Fier the pewee siiddi elerpeesi Prude INS mice A. Weeds odd* beer seeds &Cadowey orwiuy =tee. . B. Sagebnssh, rbaparnd, and ley other heath et wesdswiddr miteinowit ie tr. �%cm ethane oe cantatas; . i ID 6ecert► , what iry, a 6oae met pa NinotpotTerrt, D. Won o4t p ' aca03:= esmab m �t FitwsCr3 4.6,z rok E. Pk; gasp koik atror t tm35a�Mu oats a Ore it e sFe€ �Marta � "Pets ;Nei rcc" scene any condition defined er deotessed to boa public esbdae is oaa iis`af ili a osidc, tear and amain asset enshetalued or pamitted to o da aim tornado W aoesidwabts n *foment. Apabmc or intattes with 14e ssuorrM Cods Seedoe meaty is to now* es sat irih In CM Cods Sesxisp 3499. 'girl tesa(10) age flam ate !sere of paressp. saofi ar • ,. soviet of wenn on ane onopying nay appeal to the City C rrea Sat appeal ahsli be in =itJnpsrndf d be whlh the Clerk. or co*lotas Hier bee sktganders, phase t d Ara tcea& as 3 i-Ti34994 El sassed anstigate , per fevrar Rees sd eeMsderce 1- 4 .l'i4 v14. Se mom leasenageet turrewog lug peeaanneroseDes 1414•77i4774 Siecady yaws it public eddy., 1•Si:.7 7l.Nr+t each. Sli or"' toe hose the dphtWpm'this MOW to der by Con d within eon (lei de s of dle nests dais e hitp:MInprevoeWe.set 'fits wiped dialhe invoritageed Mod with dto City k (NCIAC 1.36.d t ***Pie Prevestion1 eosYadwith the City ofNaiad City,. Hit Ptomain Swine" 423 of 647 clay OF NATIONAL 011.71 FIRE ASIDARTmENT 1243 National' City BIM : NATIONAL CIITY, CA. SIM-4 FNAL NOIICE TO ABATE PUBIAC NUISANCE Owner Aburto Salomon R & Kari V Parcel Number: obit at-2 00 Address 807 Arcadia PI Date: 7/31i2017 National City, CA 91950 Location of Public Nuisance: 807 Arcadia habitations for Abatement ri4pse1trbsoltinatteidromaxstAloptvekoravic •vagallaitla dad dthrkausetbecananadtcypitlipqrsuatv."angiostati4nicatlf you roe hereby droned to abate the piddle subsea deserfired above, °fetish* you meths oampost se owner,. winds as BA days 0713112117. "Your failure to amply witli Mk eakrwfl nook in see being abased the admidsladve the and the City having par 'asily chased by the MY'S CGAIMMIly at ail cripease oat Naomi aty tEnowpai Code Chop* 136). A $350.00 adinteistmive Es WI be chard la addidon Ss the watractor's kis iv elan the properly (per Resoled= maker 94-97). Violation anialso subject to paseendon asmillemanors. For the protection oil* and property, remove all Muth, flumniebk womb% er combustitie pew& which is bated Sum thirty 0.3) that tlti Mle hundred mai beg ftivu each E. handing or etrunare or to the property Bac, whichever is arm or as expired by die Fire Begawan including the mainteennee orgies end other impedes awe dm thirty (301 from such building or MOW. Cubango ere to be reamed km the panty aid disposed of propoiy. Vagenstuo to begot walk c2,) imam orgis gamed. : /11.%! !Tyra ham periegdy nmeived Fedea from theCalffemla Etete2 ein46 end Gurei cc he U-S, FM and %WS& Beaker east reic, dereetand or andregred *Cie of fisii or wildlife have emend ore yew promo it the mai idenratt RIF tad tads ckainco. YOU MUST NOTIFY 190111 AGENCIES AND TNE NATIONAL CITY FIRE DEPARTMENT /14 tenThita AT LEAST TEN (10) AY PRIOR Ili) BEriehMi VEVETAVOR =MUM ErrhESE AGENCIES MIL TO OEUPCT OR NOM YOU OF ANY ALIERNATIVE PROCEDURES WITHIN MOSE TEli 044/SAYS, YOU MAY THEW PROCEED TO CLEAR VEGETATION AS DIRECTED BY THIS NOTICE. Pathan ts provide matertim AfttiMM weeks may raid:ryas debit under Felon or Sato Lae to pausidos. , platkanClity Mmiefen Code Mate Pebffe igtaggigEgglamagaza Any attic following comedans am beaky declared theautiarte a public mosater • A. When Oman Chief or Man dodgem downtime thst them alas in ay build* or on lay petsdem wetbsstitzrz hairdireers expiedvaratablir cs dawns acerninktions ef rubbish; or itanceemay acemestatimus of mamas" braes, charsage, or my higtly iseunuke ea:umiak which are so situated ss to adapt prepatlY1 or fade est latimm la or on fire awes, stark Paroldwdaiv dome a window din leratembly tend to interfere with the earldom of Ow fire tkpanneet at the egress of gm exopouto or rueb Wang of prenniers; ot finds that the eifireethimess of ray ant door, ardc impaction ar ary filo argaztial VIM is reducat Whets lica ay pesvisien of die Whom lrue Code is being noisted. B. When tbe Fire aitterlitliar designee dams aity chimney. emolansels, stom, men, hicineator. hanam m other boating device, cketric teem er eny apprinesance thereto, or smoking regulated under a a:deady recognized soothed hi or woe any bethAng, MatIMUM or paraino not specifically =adorned in the Madam Fire/Code. to be defective or weak so as to awes broad. When the Fire asking' itiothe slalom fin& rycimdldoa vthich likkeriudgerient lacroire; or may ease an facreees orate baud mama of fire to paler degem raft cam seify rozegaked as ocean by lemons in the pelie make regard, aimed le prematiug, saggramshes ar atlagnithing ere say thing or as which soy obstruct, delay, larder or irierfao with the imankete of dm the dogmancat or the egress ofeccupents in the meat Wks. Ag wok 'mks at boded spat abeets, admix ;dole wady ere hereby • - to Weald's whams. For this papaw ofthis diapar, "Weeds" Wide A. Weals whit& bar amt 2,40emyervikey nacre. . g. Eigebrudi, chimaig, ad asy cher bash Estado atithatmin suckling growth at to become. when eity,* Ore arm= a4Ezpaizticoved prepay. C. Weeds inlich ire othenvise swim or thaprous„ D. Pokra oils and pidgin ivy elan the casabas ofgreeth se web as to constaute Maga the the public keitte. E. Dry piss, Stubble, !musk biter, nada filming& malarial "kids eadagerithe piths safety by matins a fire hazard io c portion ate City which hos been mooed ibr ripple ad multiple residua paposes. 1! •1. 1,,,tet' Iv Tinge Nairome =ma ay amnia based giglIgMi la pais Inkblot ha my wan 'ad wands awed, maintaised or permitted So exist which ennatitutes dad es the pale; Meth, &Tay rmi warm significody olistains, kjurce or imerfarets with the reasonable of fte oft of wooly in n imighberhooi, earunimby or to Amy ecesislerable numba etymons. A public nuisance also liss the sane meanies as set Ruth in California Crwl Code Seaga 3479. Min az gto GOM die riste of path& reeilieg or Metal seam the roguindi wake, the mina az pasta ocamykts sr. eamoiiing sods tit et modems Acted nay avast to die city Commit Such appal shall bolo etitingand slialibe filed with !booty Clerk If you *add lave all' questions, please J free to call aria umber; lapromuorm SI teed demedgens puma, per Amer Nene at NIMIreng 1466-7194774 Se someone ladamegaa, Sawai bug po se aumeroaglir 14664794774 Sham* main palik sat*, make. 14164794714 ost,SEI ee Fife PsevaliesServiries4" rev.434306,046036,062/03 soYou have died* to appeal this mute the City Coreraihrithia ten (10) dap Oda receipt of thk yfikoreyennomamt The appeal shad be In %Mang mtd fled xviel the Chy Clerk. (NCMC 136.050) • osFire Prevention Services, ha. hunt& contract WM **City orNeliceeei Cily, 424 of 647 reve o-45, Servic P.O. Box 1720 : El Cajon, CA rif1224 7 (866) 779-3774 : fax (619) 4454336 httpularapsuvsationmet 1015/2017 Marto Salomon R & Kari V 007 Arvada' P1 Fsgatigol QIN Cei. 91950 Parcel 550 002 01 00 Location: 107 Arcadia Fl Dear Abort* Salomon It & Mad V, This Istuar is to inform you thstthe Pant Weanal the shwa rail:now properly was abated ptiromant to a Prior Notice to Abate and order ofthe sty of Naional Fire Preventio' Services was contracted by the City °Mabel," City to help reduce Public Nideances and pawl's] fire vkoistions thus improving the safety of its citizens. The abetment wodc on your property was patterned es mandabed by The National City Municipal Code Chapter 136. The chart/es dna far told $650.00. You wi0 incur no flight,' costs if an is paid Within fawn (15) days of the date of this notice. am MF*3!" TOSi EETV result in the 16%-as atm ebetemeat icn uponyour Phase me )ear check payable to Flre Prevention Services and include the Pavel St 5511 On 01 00 on the cheek. Ifyou have any questions gene call us dhcot at eff), 'WM SincernIN Fire Provention Services, le. mr.05/19106 425 of 647 r7K), eVregit: ' 0 P.O. Balk 1720 El Calm, CA 92022-R72e (866) 779-3774 g fax (619) 445-6336 bttpg//fIrepreventleffiQuet Final B 1012312017 Aburto Salomon R & Kari V 807 Arcadia PI National City, CA 91950 Ref: Parcel # 558 022 01 00 Dear Aburto Salomon R & Kari V, This is a reminder of the letter we sent you on 10/512017 amount of $650.00 we have not received payment in the If we do not receive payment within 10 days we will be required to seek appropriate action to •collect these monies. This action may inch Sibgsa abat,„meet lien on your popegy and forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a cheek to us immediately to avoid any further seam Make your check payable to Fire Prevendort Services, Enie., and include the Parcel # 5511 022 01 00 on the check. Should you nee4 to discuss this matter you may contact us Ett (866) 771-3774, Sincerely, Fire Prevention Services, Inc. rev.05/19/06 426 of 647 RECORDING RE � XI BY Firs Prevention Services, btc. PO Hex 2012 Alpine, CA.91903-2012 �r (619) 562- I05S fax (619) 445 6336 AW AND WHEN RED MAIL TO Fire Prevention Services, Inc. POBox 2012 Alpine, CA 91903.2012 IDOC# 2017-0538021 1111111111111111111111113111111111 Net, 97,2017 1221OFFICIAL RECORDS tR SAN DIEGO COUNTY E O l �j PAGES: 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE +0 OF TnE - HEREIN DESCRIBED PROPERTY WHEREAS it bras deandeed thec a violation °Mater 136 of the National City Municipal Code did eldst, and WHEREAS snob viction vas ordinal abated on &'23f21317, and WHEREAS ntatactinteivas oftheltaat>nnG May Phie rrermort. ethst4 'l s1en 10f31201 F, a nd WHERFAS the charge far such abatement amounted to $720.0% THEREFORE be it known drat an abatement obligation codas on the property needless ofmoor untH psi . The caer owner of the properly is Abate Solomon R & Ravi V at gal Arcadia Pt, Naatiomsl City, CA 91930 desraibpd as Inflow APN f 33ffi 02 0100 ADDRESS: 807 Arcade P1 LEGAL Lam: W 49.05 Ftl.ot 23 Tr 1735 This abstensern *Mimics attach to the graope rty, not the owner, and nay not be eniaguithed 6y a lax sale aaador the Cathode Revenue and Teem Code Section 3712. Alm confirmation by dte City Council adtdi become a spots] amemeneot on tie p lax bill. If oat .peld pennant to Stale Law and State Trot Lian Law, the property may be sold to middy that obligation. The smug emit claim she be pips interest dad mar cps vvhich may beer bovine due. This Tiles dam not preclude the lifing oflegal action for =Heat n. Should sixth adore he i cd or determined to be Vie, reasonable sonable fem lei be hawed and added -to said darer. DATED: BY- Kat►,.:Pire PreventionSamna. l neer National City no Department Certificate OfArot B, nt noisy otairecrotta.r nos env*" .. ;woo Wpm@teaedottitoent, la .' this aid, and notihe trulhltilnass, accurarf, or vanity of that doanr t; State ofCaiifarnia Courgy °Mainej On bean me, AAset>ne M ch eta _ , gga o1;ary ixrsonely aRsiletri Maim who Proved to me on the basis of f caitigace to be the pens(s) ++!+hose name(s) Wan sub=cled to the wig inabument and aduaawiedg d to me dun Ad_ e/itbey executed thesa4me iR hisherhbeir authorized c aacidy(ies), and that by his herltbrdr ores) on lbe i�mar of me s or the entity upon behalf of unit the persona) acted, ometned the is 1 cc tify ender PENALTY OF PERI[1RY under the laws atilt State of Califbmia then the brewing foregraph is feeds sod examen. VUi'17 S my band end official seal. .(Seal) 427 of 647 SUMMARY REPORT FOR APN 558-320-21-00 04/11/17 kith' 11 inspection was made, property was found to be in violation. 04/21/17 Mailed 30 day courtesy notice to the owner. 0/23/17 Re.inspection was made, property was found'to be in violation. 05/23/17 Posted property. 05/23/17 Mailed 10 day final notice to the owner, certified maiic 06/05/17 Final inspection was made, property was found to be in violation. 06/07/17 Verified ownership information with County of San Diego. 06/15/17 Work order authorization signed by Dislrict Official. 06/16/17 FP.Si. crews abated the property. 06/21/17 The owner was mailed a bill at the contracted rates. 07/05/17 Certified notice returned 'not deliverable as addressed*. 07/17/17 The ow mer was mailed a final bill. 08/03/17 A Notice of Abatement was Med am the property. 06/08/1 The list of Fixed Charge Special Assessments err "Al and the City Clerk's *NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" WU served upon the property owner b means of Regular Mali, Certified Mail and Posting upon the property. 428 of 647 CITY OF NATIONAL CITY FIRE EPARTMENT 1243. Natioiated City Blvd.: NATIONAL C/TIft CA. 5193$-4596 NOTICE TO ABATE PUBLIC NUISANCE Casein Jose D Mick= 1330 Oto Vista Rd #225 San Diego, CA 92154 LoostkecirPubras .rZsanca: Razalail _410�.: .. . _. ,amatovorais - - -- " c. - rorX u�A__.. . -. vac-amtt.i'lFtto as Kok.; ed9lisgmi citta&myckt mksaoemmefrt r WM' Rt Ctrnt rail Ms *Mar WA molt its the airier* yoon omPrty dwait Ira OA mcemr=m -NotiwA-----Ekt—rametyd7 robrC. "1,3e. to maty, mom:t i lk'sagstessb iscpteltn, e4r.L eTakklit..014 fs" ism a b a mimeo er oo hie prty , s ever i. a:sro , or } tome I e Ne *et from * ' i3+0? from stadi bending sasdtirdiap 2... ,�wad tam . t � gropody. Woad= late in cat seta top ci) holm elite Past Nam: ZS 320 21 GO Date: 4112M017 t3OPY f -:1 �t �LI � •AL^i-�; JI .'.fl i l �.r .. Wpm Bum provionsly mind anodes eons the Coffman Dopona nt at Pnitaad goals or the Pt* and ``` f i„ fah ar have occonrd Co your pommy in the soars idea idled ekr babe* etearaaoe, YOU MUSTNIPIIFY BOTH NATIONAL of DEPAI T/431+l1 fl4 WRITING AT LEAST TEN (1O)DAYS Pam Til SEGIPOSNO VONTATIORCLEARNG. IF 'THESE FALT) OBJECTtR?iFlM YOU OF ANY ALTERATIVE PROCEDURES Wmmi moss TEN (yB* DAYS, YOLI MPiY TIWN PROCEED TO CLEAR VJ3&8't'ATKIN AS DED3CIED By NOTICEPrilrre to provide aetBiettion to done agrndosarer main year hie mar Mold er StalaLew topmalties. was i Aey eftbe blorring orauroleas tee hereby doeired is artstmer9*ea nehroso: A. When the Fine Cb emWhet designee determiner ibat the CAW tN agebuilding or on soy prxmiaaas nentormistions of rubbish; or unnecessary aoci of bootees % bsleaa;, dewily, or theron y e i which or �Esi property; or fads obaaec(iaea 10 or on lire esteem flails, dosrsar+rinds toad to interfere with the or � twat oftbeoc pIi dank biddies awaits; et l that tie Ow nit doss, ado separation a of duo a dlapudasrii at Monks of le-Uni6amt Fes Code is bring violated. Sea mention wall broke* or Es bed any R. Mem be Fho Chien. iwfhler dadgae dears egr owisnu% amokonark, t wen, inebaarstor, annex ember intrados darixaq sleet& flume er arY oppooneasora been% or argent aggialrbd spins a mtianify teoagsilaod stanird b or upee any boning, xitt ne= err gounisea e0t midge* mertioas* loft iahiem Fire Code. to be dalhtltva or nesab me E3 to coots s Isaias/. Menthe Fhe ddefsrbidbar dengue Rods qy ameba j$pseat I manse or nor caw in Warn din banal ramose et So is a groan degree aril antomarily mowing as normal by persona is the pal& service *Orb, engaged in paws rtL, onogressIng or extlogniebiles Sat or say dins a an obi* tmg'a6stroct, *ft. hindercrWads* with the opt oftbe Ere thrnannora the Mass dooms* in tiro event Grin . . v _ &�fia`2rr _ , a :ALeneds, growls eEM4 car _a l .%3d Rtr teety.irm. u Gdn� � 44 - rl.he �i A. WeaSsirlialbee.gasits eta &mg ea x rr �rl� 3. Sagan* dogma are➢styether l h Demob shishMaimsadhpagegownesso , tow by.nRao to C. • wPldrxa�rna aaa-nt t D. PAW exit end pinn hy wheat%av a9@tme mit.eate e. =cleft &Otthiloisteork hp El= 1gn:4 Ste .at mat i e ,is;, PEfiksnIZIT l3za*A"G s tr s'arel ' ottkLurgrAtezt 'Public Marano, nun ney e errs bs a goalie Resew to Ay ekiliat6r" awl contaithi treienbad or permitted*, exist width a next to the *Bet beans, Bogey sad weillne or or imams wilds the able of flee 1 of aborioW, 'ortosoycomenumber apace' Apsi dolgateteo A et an A pregorty in Gas t t Mt a With ten (tor) dap Owe Eta pestrtg, maw or WNW service of be resound audio„ the arartx or prone e or aaarrdl' anti lot err t eppod lathe City Coma appeal ion kin vary and igen be good war the City Clerk "t% Feet dined Itpro should have woman" man pad Dem aid Dii masher id 070477i Il soled demote= prgugre. pow boor Soon of halm enx 1466-77943T74 Si anasag kolootaggint tuatara f long la oe +n mania_ tot 3-Il(4779,3774 Sincerely 'ninths publiosaftly, u L 57114174eus.� der Invothe right to loped Ibla neer Sofa City csamil traien(JO)dogsofttoree tt�t *Mkt wan appeal abaU be lnwrbing. anti llad with* lay cI k: 136.050) Flea i'terentica 5mviots*'s ' Ponnuion Sonless, he. hosier menace with the City attain"! City. 429 of 647 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 Nati ai Ci y Blvd : BTAfONAL CITY, CA. S FINAL 1 T tea TIC TO ABATE PUBLIC NUISANCE Owner Cosines Jose D Adder: 1330 Oro Vide. due Diego, CA 92154 Pared Number: SS 320 21 es Date: /217 Lowden ofPublie Manor Itiehaei Ave Kastruedotts for Abwernent pri e�4116Witie "�' You are hey dim to abase the pmhlle a described oboes, etw0 eu4 al owsrt tz a ii ��� + a i ' 4px Nmicecti Cky ithodcipoi Cods Mow L36). A MU* a:Alibis:tredve fits vat he charged in edition washertU8•QT). Vial epees cab tto�.ea ens >� AtuisiteeP !For the protection Di li b and property, move alt book+, ;; ,vroacionek irr amanita& growth which is located 4r A0) b ono hid arch is or mice= or to the property where h or ae h aleed bytthe Dtilecot o'igra s $P let from "comics men dun thileYt hum Duch Wiles& GE sknuluie. Cuithlgsmlu 6e rarao d from the Meat, ofid dillPmed c pet is to he sot srld th two c) talks eft • p�,�,,�,�,,. ... 4lEIsu: ,.���n:r8?..r.. C-..y.,;p.:•:�Hs'�`rBl `af�Yrq- 1f _ 4 ;I notice Sem the Wend] o Rid!e:use se to U.S. Fish sad Wilda Services of fah or wfdfif: hare occurred on your6y its the areal an Biel brads cleavage, YOU MUST NOTIFYt • duestenal Ellidamgertd species morn Amass AND 1iNATIONAL°MCI MED®DEPARTMENTHNE memo AT d.El�.ti3"EF3irY [>lf) DAYS PRIOR TO BECOMING Vl'A ammo. IF NESE A FAIL '1012 OR NOTIFY YOU OP ANY ALTERNATIVE PRO . TEN 00j DAYS, YOU MAY TEEN PROCEED 10 t Ek to VEGETATION AB ERRECTED EY no NanccE Fulham to SI@c'$4 neffSoczdun ththaes age may soder you axle wax Federal or awe iawta per, arehtebyderkwedtodohasti lenp�ilesahis Amortise cas�tsasr A. When Film Chf6fdrbr leer a'ksigtree determines drat dhwe Wm in any budding re ca erry dingsei rmeprose y. na dab toady acceintdationso�wastepsym hem, timings, or ray dam' we ee d ad en to endanger or the of the am* #uli of imagoes; �s easy odethat rermanshittessi c sepesitiszt or a$ Ere deearltherd thee cny p arse a the Uniform Fire is bad view. 'fire apostle wall is IriStaa2d; a¢ finds g. vans amo Fire Meter Maser designee deems:ay chleasey,aneloroltek,Mane, mom, htcisartor, AMMO or betting device. els�ta alart oreopmteence shay Firs Code, to be Moeda& amiski sons therms air .rnsegeaaed aitndGtd it or coon any building: at eta ly Ottedessa hi the chi s C. Whwt the FireCtilefor biretta aligned finds arty condition arida Is*Ur imam is macaw ela tam& afthe honied se a drat to e wafer dig= dad cutommily Mich may chelleet, ett2ey, ass among by perste= in the public t t of service �alie er Igo ► 'rang � at � re � mess ed'occarpents in de scud eft re. a-Atft4f `'amat, r.tilm 5uu�r"`'`•�d� TdfhtM chployit E thathtleizoke +era, °"'she e A. Weeds which** seedi eta downy orwiegy rem C. Cbrush ,andamotherbrsarweedswhichRollaapdh athsstoher roi;wtrtadr7.aSibawryto stgacent *mad overly. C Weeds which are otherwise Kedges., D. Poison askand poison ivy what the conditions afgrooth-are such as to constitute a Menace tbelk public hash. tt y grans, stubble, tad, Net or other srslsht which endanger the public s by cresting afire based to a postloa.Ofthe City which Imbrue stood krsingle and nsrt lotusedeada.pupuses, Walk Nuisancemesas Rely gas ion Vinod or declined lobe pubhonsissocein r ai f'e,:ttpAi aid otndities d to exist which coostieatss a dual ID the p health, safety and mere co With Sieliffenedy ebstrecte. igloos vrbawl s= with Ow renterable of fad ate of property neighborhood, community or to any considerable cumber of persons. A Public nuisance alsohssthe sameme.iing am.apt forth in Cardin& Civil Lode Seeders 3479. & Within tea00j days fete he dote ot'pette& rollikt �r a ffi _ appealnay to the City Council. Such appeal thell tie IB halting and belled with the My ice. Or odttdotli� fuagr�s *mistsOwed Eyes' should have any querns, pieeie4d hoe theall rib's 1$N-7733774 Si sated desesiguns-prowls, per Ovue sf eanierot 13664703fl4 Se arlrraogt Miseregas, tttsswst hog pc se imietwil late 1.I66.77 47Y1 steogely.yarea in public nay, **You have the right to rimed this matter 10i a City Causal/ stein tar (Id) delis tithe receipt Duds notice. I-866479 3774 tat 311 or htlialireprthisdorimet Teappal shall be in *flag and filed Withthe Cliy Cie& (NOFIC1 Fire Patveniiie Savdo amFire Prevagion serving, Inn l6 toefruconeact with OE City &tlitetietssl Citaf. w.03M06,010410606W06 430 of 647 Ffre Prevend3 P.O. Box 1720 El Cajon, CA 92022.-1720 (066) 779-3774 : fax (619) 445433G Intrarspremsatieumet 6/2112017 Casiikts Jose D 1330 Ow Vista Rd #225 San Diego, CA 92154 Parcel # 558 320 21 00 Locaton: Raehael Aim Dear Cosines lose D. C 4 I • 4, -,- • 10•4 This letter is no inform you that the Public Naleames an the the reference ptoperty was awsd pursuant to a prior Notice to Abate nd Birder of the ally of National City. Fire Prevention Services was contracted by the City OfNational City to help reduce Public Nuisances and potential fire violations thus improving the safety of its citizens. The abatement work on your property wa.s performed as Mandated by The National City Murdeipal Code Chapter 1.36. The thirsts thus far Mali $2,250.00. incur no further costs ifthis amount is paid within fifteen (15) days ofthe date oftle, notice. Ribes to pay this bill may mei* 'lathe fng of an ar.tgztttrtt lien up your pOm,etty, Please makeyour cheek payable to Fire Prevemlial ..Swv-1717ett tatlinclude the Pined 41 558 320 21 00 On the-cbeck. If you have say questions pEettee call us direct m.($66)179-3714. Sincerely, Fire Prevention Services, Inc. rev.05/19/06 431 of 647 p!?9.ra reveatanS.rvkes I[ P.O. Box 1720 El Cajon, CA 92022-1720 (866) 779.3774 fax (619) 445-6336 Inttpgii firepreventlen.ne Fin Bill 7/1.7/201,7 Cosines Jose D 1330 Om Vista Rd #225 San Diego, CA 92154 Ref Pared # 558 320 21 00 Dear Casillas Jose D, This is a reminda of the letter we sent you on 6/21t2017 and wc have not received payment in the amount of =AGO If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include fiThig an abatement lien on your property and forwarding this bill to our collection agency. Under gate and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 558 320 21 00 cn the check. Should you need to discuss this matter you may contact us at MO 719-3774. Sincerely, Fire ?mention Services, inc. mv.05/19/06 432 of 647 RECORDING REQUESTED BY Fire Prevention cervices, lets. PO Box 20 12 Alpine, CA919032012 (619) 562-1058 fax (619) 445-6336 AND WREN RECORDED MAIL TO Fire Prevention Serves, Inc. PO Box 2012 Alpine, CA 91903-2012 r. DOC# 2017-0356123 I I I l 1¢ 'I' I IIN Ih 4'I�S Aug 07, 2017 O1:15 OFFICf,. RECORDS COUNTY DIEl3O CTY RECORDER 1 FEES: $0oe PAGES: 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWNIIRSPURCHASERS OF THE WHEREAS 1t was determined drat a violation of Chapter 1.36 o1fffia Nadonal City Municipel Clads 4lid exist, and WI-NREAS such vlotafiar► moo caked abated on 61 117, and WHEREAS r emulative!' of the Nakao' city ablated the violado (s) on 6t16,2017, and WHEREAS the charge for stc art amountedio $2,329.00; THEREFORE be it known thst at abatement obligation axe on he property manikin downer ut a of the propertyis Oaks lose D at 1330 OmVista Rd , SanDlego, CA 92154 as fallow dl aid APN f 558 320 2100 ADDRESS: Radars] Ave LEGAL DESCRIPilON: Lot 382 Tr 174$ This abatement obligation shell Wad! to the Ferrety, notthaawner, and after confirmation by the Chy COMM shaft Income a special essesenent ea the property tart bill. 1f oot paid persoan to Sate tor and State Tax Lien Law, iie 2antserry wry be sok' to satisfy . Thise obliption. The 10 doss not remount of . c be �.00 pia h ea d o srdrieh may hereafter preciade the filing of legal ern fp2r c0Uerak n. Shedd s a be esquire' deformed be appropriate, fel:arable legal ices tia fae to said obligation. or DATED: Mort 3, 2017 HY;, Ken Osborn, F e Prevention thakesclne.. Designee for Nadonel City Fire State 0 is 41n 2_3. 2017 benne me, Paw* rodkaillskftm. who premed to me aft the basis of � . to In to persons) whose nem (s) War b . � fife freorattent �$ ex the �' t, .. ), �> tdn"� )tat entity upon bthalf ofbehalf ofwhiththepersons)ate, arecated the instruinent. icertify PENALTY OP PERJURY ;!WA eon State of . that th forvolasparagraph. is Inn and cermet %ITNESS my bead and officlal sue. • ���"fir:: lf�-'��.'I.• •l/!!1:.'f4;1 ��Jj1.�.� '.y���'� Meal) 433 of 647 Y REPORT FOR APN 55& 32O 22-00 04/11/1 7 Initial inspection was P9 property was found to bc, in violation. 04/21/17 Mailed 30 day courtesy notice to the owner. 05/01/17 Notice returned, "not deliverable as 05/18/17 Vied ownership information with County of San Diego. 05/23/17 Re -inspection was made, property was forte to be in violation. 05/23/17 Posted property. 05/23/R7 Mailed 10 day final notice to the owner, certified mail 06/05/17 Final inspection was made, property was found to be in violation. 06/07/17 Verified ownership information with County of San Diego. 06/15/17 Work order authorization signed by District Official. 06/19/17 FP.S.I. Crews abated the property. 06/21/17 The owner wasmailed a bill at the contracted raga 07/05/17 Certified noticeretramed "unclaimed"_ 07/20/17 The owner was mailed a final bill. 08/03/17 A Notice of Abatement was filed on the property. 06/08/18 The list of Fixed Charge Special Assessments (=M1T "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATEON OF COSTS HEARING" was served upon the property owner by means of Regular Mall, Certified Mail and Posting upon the 434 of 647 CITY OF NATIONAL arry FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91956-4596 NOTICE TO ABATE PUBLIC NUISANCE Omer CosiIlas Jose D;Emella Address: 1330 Oro Vista Rd 9225 San Diego, CA 92154 Parcel Number 558 320 22 GO Data 4/2112417 rt. !oft', neiv. •• T tr. Location DIP** Nuisance 22.n Rimbaud inalnictiana tbr Abatement Plestmactairlitit.ietatieSiterfeleidliviadtibialAMtiglelL : 4 ' • , . ' .• • _ iirnrnirVNilerbrri • ilt /Li. 21132tt,tij. i—i 1 1fr, Yea are badly directed to abate Ibe pobro onisanasdeadintabouiefealciyonoeibcoccupateroom offfehe Da* atop Iledalalat *Mar Minn to coo* with Vitae* seal reed la IboOty too* year peoperty cloned by die eaosantor at nig, upon* for National Oty hbalcipal Code Charger I..16). A MOM adtrintstrairc be dart* le adirsike to the controcort ers so dela the papaw (per Rooletioa nootber 9147). Violable ow OW object to proseestien oledentomace. Par tooproteettos of Sib and gescerty„ nentoo litoitiable titgaidate,; edoltestelle grairds atiat' a boob! Eton gat/ corz rmt*ed 0:03) foat tom etieb billion es ametere or es die property lice, orherer easor, ores ronnitod byIreDoposimete, WU/in ilia eitiabosee et Ism zed other ireptaloa orb coalihiya0) stwh bulitrzig .o•-•-• C..%kiLtle to to w.reerE Seto age WOKS, Ma orptoody. Vete:bib to to in cot 'EMIG WO co wage Olio gocautd. p; if you bore cooked, waved snake froal the Calitande Depreacat of ridt and Gamer do Swifts dot rese„ linealneed or eadogroed armies of soh or wiidere bow oceuu.d 0. per preption the gres identified pa Seel bat elarian, YOU MUST NOTWY BOTH AOSNOES AND THE NATIONAL OTY uw DEPARTMENT IN VIRDING ATTEAST (10) DAYS PRIOR 10 BEGINNING VIRIErmion CLEARING. W MESE AGM= FAU. ID OBJECT OR NOTWY YOU OF ANY ALURNATIVE Plb3CEDURESwmi Mose ma 00) Day% yau wiy ngli4 PROCEED 10 ClEAR vixterAnotd AS totacran BY TM NOTICE Falba* to 'mak notifataket to lase epaciestaay ander ptu litbieonder Pudica et Stop Lan to penalties. My date ibilosiag. =Widow co body decibel te essidente a public otainceo & met (Vets? 14olsr13 daltm *J. r&ra mfts ks 11.140As rmt entimia_10.At ototttolr Ex=rt= Artig0 azweitokas of MIMI; or ontontztry esseortrargeo of wave" boom cawing;, or soy *My bauble tectestas arnica ere to stOded es lo oadrogor popeoly; sr Ws oboseedisa too to Sze gawk egatat, posagoocyr, doessi obtras dot reerseably trod to latorkv with the ocedizthe ergo the dscanstost or th ogress silo cosepoSs cif soh 1§eilate dot:dew or Ws diet do offeadvesori duty twit dear„ Otto cacention or top Aro uprega palm% et **Ad proobion or Os Mikan 121te Ws la beiag violotsd. Vass the Elle Chief or What deageos doom toy Weeny. entolteacck stook eaen, leoloseast, limes or onto beating kV*, deo* glaze or coy motespoaraso tome, az taskieg readalsd oakC.s ratlosolily reogitiod assiod to re aces ety batik& sheet= w onetime ocq noottoord tbe Dithbon Pre Oak to be dead* or wade to al Se awls Oared. . Vibe Oa PlreCblef *libber timisma Isedpier maim Wet ha biatilareet imam re mew cam ea loemm ne=e6 4,644 44...4 wow slogrectes coloatediy atespirad es =sod by paws ha to *tie orate neat* ancosed peavotte& *appals*. is eetfiesekkkg Sea se my Ong or act Web soy cbarect. doh% blear or Modes salt to opera:to' es efts lizedeptamont or Ste corselet moons domes eft Ail weak Rowing wit 6i1.4 Ettt,77-at6 owe pwrzv. wzrz., easaiii ' z-ft 4ift,„ z fL,,4 die f011owlog A, Vrtode obi* bor seeds de dower irdeopsaure. B. Seedeak damn& lad eay aim brash es weeds viola Woken* hip gm* moo booms. talwordiy, afile imam losiroccit hectored peccerty C. Weals width ao abeeedee noeloos or D. Mee ask sad *Ica tyska the aon- oftrovith we eath art cointilde a the potko beNk. E.Dry gram ON* bode, Nam or Ober Mainnable nolaid obit* admen thepublk NNW by ending a lireplenoed 18'6p:ow ateweity *kb lug beet toned ibi angle oid multiple noideno maws. "1",-...1Ee name =Rd -OW 44,442E.,4, bitM; 2,7 4a*7-1 cid& otsbs5.4ga- sagoz jisol toadkisit abed. noietsitted o 'mottled. ec. mkt abide conolituto a dont to Se pahliclt hog% edgy ood vaiNcre xe. $4diEy olosbutte, irdollos cr hafts vith the nisembig oche en et propmy in leberbet14.0MMURY Grimy c *Ass Opiate. A pceolonos ate hes thee= mains lit str trait la Cattlantia Civil Cale Seen.3479. Within tea (10) days too the doe of posh*, mailing or penned Woke aquieMiditas. tba boa peon ocaoag' a appeal to do City Cabal. Sob appall shall be iowdling rod shill -be fik4 with thiCityClak. V yoa 1•614 Nivea, *modem pieta led -free *al Ali onmierr 14664/M71 N culled Asealpas presorts, per aver Name isporrin 1466.77/4774 fie rime haw math 1upsilirst lug asusrarg Ito 1466-7794774 Sincere/no= in riddic secly. a*Y00 Wm* dile 10 170001 fail MUM ha dal City Coma "Oil len (10) don of tbe asap trots Nam. 1.$66-771141774 Ms SU ea kaprillitegoestiostatet cosi slid bp is *Taos =deal with the Cityanir. mac 1.36.430) 44411re Preseation Saabs, Inc. is =dor 00001114 Wida the C4ty of Netball City. Fbe PresesSes Sovitess*0 controlling sob lot or ponies affected L 435 of 647 CITY 0.7 NAFFAINALL my FIRE 34EIPARTNIENT 1243 NatCity Rai NATIONAL CM, CA. 91.90sa 4596 FINAL NOTICE TO TE PUBLIC NUISANC2 Own ar: Guilin Jose D;Estella Mar= 1330 Oro Vista Rd #225 San Diego, CA 92/54 Location ofPublic Nuisance: 2112 Backe/ Ave bane:liens itte Abatement: e1 1 . ' ' IP • I LI 11 I .1, Pamel Number 558 320 22 0 Date: 5/2:312017 You me hereby dimmed to ohm the public nebareee deserthed VICA'a, *rabbit OW tie the oweepern or mew. InttEde tres (14) dcyt of14217617. 091regr Minns to comply wide this order wRi RCS* in you beim dap* the adunistruthe fee end the city hating your papaw chow by gip citys cootrozor ser 404)coge (per thdional City Menicipd Code Chapter 136). A 10.50J00 adoebisindise fee all be dearged it addition to dee conarmebet lbes n Jess the prepay (per Reordwion amber 94-97). ~on as dos sniffed ft, prrosen webdentsms-r. ;* . ). • Ibr dre protection of Mb mid property, rovcaUdriairkfilltlitclek Wgettatio. 11, or rettiveribie growth which is bested Hum ihire3r (30) feet so onc hundred (10 feet Boat such a kladitiga soul= omits par* Vas. whichever is num, to sz meta by dee Me Dautwera, liedullastStm unintasoce organ sod wiser ouptuliaa onse dow Wily (30) how sodt bullfrog or aucture. Cadre, ere to he fgattt.e 00:10 the tweir.d.,/, arli diapered of Rupee* TeroscIstion, is to be cur vdtbis two (2) baba eras pround. . :.A1 ; 107 . zi 4.YI Ina italic previously waived a adios Rae the Cdifienla Deputonot °flesh wed Genie sr the U.S. nigh and Wig* Serfdom aw row, threctund abiblicaNti *241' of fisher *knife bave eatured on year prom* lo the areas identified far fed thuds abeam% YOU biter WAVY =TB AGENCIES AMINE NATIONAL CITY ME DEPARTMENT IN wRrium AT LEAST TEN (Id) DAY PRIOR TO B1331103M3 VEGETATION CLEAVING- IP THESE AGENCIES FAIL TO OBJECT OR NOTIFY' YOU OP ANY JCIERNA'rivE PROCIEURES WHIM MOSE MI (I 0) DC1E. YOU Ma WEN FROMM TooEAR wthxyamyr As iymEcTsg BY THIS NOTICE. 1uito prored nodfiestion Wilton agencies nwar under you Bak seder IFederd Sudo Low to neendelee. ftildre Cite Monielect Cade 941.71M._15Mft.eln4rason Nofrze....,ftOwrynlv Any dike Mowing candidoes asininity dealmill coraltute es public nuireace: A. ' When the Fin Chafer Wow &true doleoulnes ent them odds in eny buildings: ca any premises ambushate, Wad= or explosive metedds &num econoudedone dattietr.; ro• usteseciary scat life guldias of taarna41114 hnetet tftyl:63. 43:Aliticorntre nuterfail which fteled al lb ludenter a proem% or finds oktructions he er ou fore 460614S, SW* PeaNgsvms, does es windows that remand* tend to. luserfere with the awed= of** fire departwat or ihe epees of the acupents earth building of pruning or dads tint the ellbothaers of any ea dew, sac repeal= or ay dra sepstation is.reduath or feuds la any provision ofthe Unlibm Fin Code Is Meg violated. B. lidhen die Fie Cbiefre War dedgene dawn aly. chi wney„ sweicesterir, awe. oak iticianar, limes ev other hating device, electric &taro army ppease:Ina thereto. or awyding repined imder rada* nagnized standard it or upon eny WU1, shoran re pC. remises not speilluelly nartiond ht du Dram Fire Code, to he detheilve or auk so ea a crate haat When du Phu Meer Mier designee finds ay annition whit:bin hiefietjaigmest iceman or NW aula orn thereaccflbs hazard or asetwoo effoo o • grater doves fat aettesterily reapired cis =ad by pawn in the public =dee mule* wisegiel puevailaG. serstpreesieg or atingaitiong fun or coy driss or 01 which, any debut, deny, hider or banal with the opowites of des fire etoometeeceivw etempswas ibeetizeffinc, plikeintarr lellanteiwitrot0 AP 'wok srowbg o:tomealepan nom, midnoviwo' piwas wpm in hasky thallinstabrfe- ,-*4 WIttg A. Wads which bear sods di dower intro NW& • Sagebersis,chepsnal, and arty other Lath or weeds width la* adt kirja guiretkat Mown; when diy, • Sow wean so eifjegent *raved tooptrgy C. Weeds width odstraies axiom adenoma D. Poison oat ad poison ivy when the conditions orpowdraresuth es* wertilide a enlace the the labile Ma*. ' E, Dry par, stubblo, lash, War, or other diemuk-Ma euderial *bleb maws Ow public sofeepby ocentings firelhersed n portion &dee City width ha tan waid thr singla resideaft MOM* tthiloneletv hfunteled Cade 11.36.00 Np4m %Mc Nebulae" as any coodhiso defined et doctored to be ipublic nalsence hiwyteediiii &th c�1jcondifix caund, weicscieted or pernsiajd to ezbt which andithter a Onset to the paint heath, schty rad India or width eigolikady Obstructs. Ware or Wakes lath she ionomoso of her ogo of ropety M osighkeharl, comminityer toonyconsideabie math& of person. A poblic wham else has the saw waning es sat bath iateithrula CivP Cede Swann 3479. ffetrogitiiirliodanfil Aineamsg-tapprat Within the (10) days flow die ate apostle& neigh* or-paila herVinfillbetequired notice. the enact or peace occupying es osertrollieg such lot arm* effected wayappeolth stwatyCbeeek Stab appataball in he writing andatidl•kfiled withtbs City Ciwk. Pryers dwelt have coy was, plan lied free loath this authers 1466-779477/1 Si oiled derrealgen pregwita,per Ewer base nneerra 1466479-3774 Ea sawringhatannagan, tenwreiigI per ira auternag 14664794774 Sieemely yours io public WAN **You hare the rightist aped this neederto the City Cozad' within tta (11Pdays °fate anoipt of ibis RogiCe. 14664,-3774 cat. 311 or helpdtirePreantleo.na 1Jjn verities' mid filed with the Chy Oka, opzsc 136Am Fire Prevention thaviaramm ***Hretheiraidesi Servias$ia. is tinder Owned witirtbs City ofIladoadaiy. aN.03/271136„0101006016/21,05 lot '':—/Kapurpolun elite defter, "setwir Mel 436 of 647 Ffre Preve xtiot,Services Inc. 9 6/212017 exults Jose D7Esselia 1330 Oro V a Rd #22.5 Saar Diego, CA 92154 P.O. Box 1720 : E Cajon, CA 92022-1720 0 66) 779-3774 : fax (619) 445-6336 Parcel # 558 320 22 00 Location: 2l 12 Rachael Ave Dear Casiillas Jose D; la, 'Iris letter is to inform you that the Peb& Nattersee on the above referenced pursnant to a mice to mate aad orb dine C y off Na City. wits tip Fire Newnan al was by the City o Na City p Public Nu' Lations thus vieg the r� and �' its ate. The abatement oaayour property was performed _ as The Chaptsr 136. T s total $.1,97 . You will incur further National Municipal is within > (15) days ofthe date of this notice. costs if this as paid , Faikare to pay this bill may mult. in the filing of ere abatement lien upon your Ems. 'lease make your cheek payable to Fire Prevention Services and include the Parcel # 558 37422 00 en the dank. If you have any questions gam cal us direct at 7197/4. Sy, Fire Prevention Services, Ire. rev.U5119106 437 of 647 P94..7 Mire ..!T, ,A-veLaom aenirg P.O. Box 1720 : El Cajon, CA 92022-1720 ' 779-3774 : fax (619) 64S-6336 lafttptlifiregreventlon.reet 7/20,t2017 Casinos Jose D;Estella 1330 Oro Vista Rd #225 San Diego. CA 92154 Ref: Parcel 558 no 22 00 Dear Casino Jose D;Estella, This is a reminder of the letter we sent you on . 6/21/2017 and we have not received payment in the amount of $1,970.00 If we do not Receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action may include filing abatement lien on your property end forwarding this bill to our collection agency. Under state and local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any further action. Make yore check payable to Fire Prevention Services, Ise., and 'include the Panel # 558 320 22 00 on the check. Should you need to awns this matter you may contact us at (866) 779-3774. Sincerely, Fffe•Pmention Services, inc. rev.,05/1 9/06 438 of 647 RECORDING osoussnim BY f, Fire Prevention Services, Face PO Box 2012. Alpine, CA 91903-2012 (619) 562-1050 fax (619) 445 3 6 AND WHEN RECORDED MAIL VD Fire Prevention Services, Inc. PO Box 2e312 Alpine, CA 91903-2012 DOC# 2017-0356124 iIM1lII1 Ui:i 1111flII Aug 07, 2017 01:15 PM OFFICIALRDS Ernest J Drcnenburg, Jr AN DIEGO COMITY RECORDER FEES. $000 PA 1 NOTICE OF ABATEMENT TO THE CURRENT OWNER OF RECORD AND ANY kcVii1,51M CWW.claWFACRIARRRA OF THE HEREIN DESCIUBED PROPERTY • WHEREAS 1t vies determined that a v on ofChapter 1.36 of the Nirdtliad City lifir, 1 Code dbfeettat, and WHEREAS sad: violation was ordered abated on 6/15/2017, WHEREAS ego a) eo offiN2017,aced WHEREAS the chine thr such abatement animated d to $2,040.; THEREFORE be it know that 1111 ahateinat oblisatico emits on the property regardless ofowner until paid Vas, current owner of the property lee Cl aSt n Jose Ce„Essella at 1330 OD Vies Rtt#235, Seas Diem CA 92154 described ribed as Ibilevac At't # 558 320 22 00 ADDRESS: 2112 Rrebstel Avis LEGAL DESCRIPTION: Loot 363 T'r 1 T4$ Tido abatement ob ill Mods to the pimp►, oat the ovmer„ sad; a _ by she City Cep oiG align bow a special aft on the proms tem l 1. 1faoat paid puma to State Law Stites Tax Lie. Law, the prOperty na0, be sold so tl obEsstiss Ten amenent of swab claim eelt ba02,00.00 ply bust and other cos which mayr hereafter become aurae. 7ihb filing doses not preclude the Blies of legal calor the collection. Should sok sec to re red ew datesmised to -1 1 r said obrligs 'rcrt. DATED: August 3, 2017 nelal Side it Of Snafu Desigatee IbrNadold CSC► Fire Department Sete 01.400054 /L" ,,.-- On A. Write Ink AnlabaMichelle BYinlitakt 0y ub1 personally IIPPefeed who proved to MD on the basis of essisfretory evideme to be tho t ea whom nee)1I a siototgbed to she within instrument still aelcnowiedged to tee that b ¢ ?: fie Arm kireLerAlemk maTal~1 fita«. ..""` 23 rent the person(s), or the tray upon behalfofwhich the person(t) acted, wed the bnstsmne . certify under PENALTY OF Y melon the laws of the Sty of t>lifertga t s w a =viva WITNESS my hand and official seal. (seal) 439 of 647 SUMMARY REPORT FOR APN 56Il-011-O8 04/19117 initial inspection was mule, sty was found to be in violation. 04/21117 Mailed 30 day courtesy nice to the owner. 05/23/17 Re -inspection was made, property was found to be in violation. 05/23/17 Posted ed property. 05/23/17 Armed 10 day final notice to the owner, certified mail. 05/30/17 Received signed certify ran apt. 06/05/17 Final inspection was made, property was found to be in violation, 06/07/17 Verified ownership information with County of San Ego. 06115/17 Work order authorization signed by District Official for admin fee. 06/21/17 The owner was mailed an Administrative bill at the contracted rates. 07/17/17 he owner was mailed a final bill. 08103/17 A Notice of Abatement was fled an the patty. 06/08/10 The list of Feed Charge Special Assessments [13:011BIT "A"J and the City Clerk's SCE OF PUBUC CONFIRMATION OF COSTS WARM" was. served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the proms. 440 of 647 CITY OF NATIONAL CITY MIZE DEP .: _ 'MEN' i' 1243 National City 1 vdr: NATIONAL CITY, CA. 91966-4S96 NOTICE TO ABATE PUBLIC WCE Owe: Mama Pam ► Trust Date: py� j�/� 1�Parcel � 561 011 ���: 00 2375 5 St Date. 4 21l201 l San Diego, CA 92101 Location of Public Nuisance: fl205 JIMPrAn1kwe You saehereby domed mabate hepublic Miaow doorbell ab;oeokefutddtpme ere dmmamma etMUM. wtamaXXIV ,+al 7 **Yen Moe seam* with die whirled' result is die City tared yrner shaved by the awe aoapesetar at yiE eyausra (per Nidoultaty hfunitipel Code CiapCer i.36). ir. cMrjed is aefdi6on is the tyeehfeatsnsle iba b stem the peapaaty Ow Reggiano neither 94.97}. Vieta6aaa ire vise subject so s+9r 2.4 Foamier 01 Nye ai i =cm a ti brush. r fic: z'o smsa WWI i3 kuaftl .1mt Q gzcol' ati 0 cls It , er as recubed by tile Fiou orrt, ioelratlie ZIT - 8° > mod, Pik is a neat within tyen (gip lashes tribe If you hive previote ,y received **ado:earths CstitinalsDepetnuot of Pith and Owners de Sd Pisb sad - that enee,thretae■ed at . ash or w>>db hal ocomed on year pmpe ny in the acne Wadded for S YOU w, NGIIPY BOTH t synth at torAl fr 1N AT LEAST TE i 00) DAYS PRIOR TO V 'ATIt7Ai , lP THESE ES FARAD NATIONAL Tt, It N YOU OP ANY AL' EIGIAIP/EPRO WITHIN MOBS TEN 00) DAYS, VDU MAY THEN TO _ aa A FA14'iia .`i'Olt Y fdO E Fadersmmovidesofa:Wonsothese agencies may rod/a3raeliable oaderFaked *Oboe law*paWt'res. 11i90sdATIE1I�tRSD BY TIES My ioaditioet;a:vashereby a lredtoaaeedluteapubhcc A. MINI .-a Ma=aaai:Woe carcer � sr min s cYenf wait ys 'omelet =tolenkm rgz:ezefl mi liwomust ofwampum boom, desks% c ley * Wok hoe us aittagad hat PaFge43S ere* &dome= leas eat fon amps.a cane orwkaciews itte, y 1=1ie; ve solith fro voodoos eft firs 444220pagsaTire. oleo Wilma Floe Code is being Mimi oyez ems esaperas ties* proudow or a1fa:eyi C Stara/Ale veRisillea@7fitte t fire separdion well is te{Oiepd, or thute dot soy El. Who de Eke Chkter reWaer wee deems teoyi dshwoey,.staobeatadr, glom ohesn, enater„ homes otherbeesks dodos. or bedeS+ative ss rOO�° staid la or gm arty Wed* fmnrednseor i re , maticeed Whitmann C. Man the iireChiefs' Weber rree finds say candidoo which b hisoterMyviut. or axe c a wrests aeffs e l ar mug of fircioa es IOW by perseue in Aimservice isroma& twanowing eragiblegidiasbra er hey wag al cart whisk may district. deiy, hie* at herders dery with the Aspersion aftlw fire for esterths moan ofvemmerds Soorsout aim � weeds, roaring ar legated 'Von Oreeat► iiskusrs orpti t peapatyr we hemby deckled to be s pabi�6e WormPori, deb . "n+eet�` shellIsdshde limning A. Weeds Adak& bear seedaafa domes who, Muse. Sbrude, diem* eyed any odor lunch armed, which slide suds hero math as tobartroeuec woe, dry, a lire maw to iittuerd *wad godly, . C. Weds which se r>tlhaes a roaeaieoa D. ;soiree ogc end poroca *vino !!ba cooditiens etyma tea same dab►eelothate =ma+ iko tit. Dri: lkban- ae+ k: � cadres% spatigsmitity by bit iris modee efties City "Public Nunes" moue say oaodition dented*, deckled lo be a pub4e wham is say mace deb Dade, shier satcrendifma havered, tesisiniaed m signifiers l7 obtrude. iodd oucheanedto es as .au to t e pibiic$ and watts ear which rjres or imams *c to error to ay imnitted °ca mbia Hof pawns. ns. A puWio c oleo then Age ssara s k e��ea; ai pra y fa treeeseieEtte set � in C�igtaedsCivt Oak Section 3479; Made Ake ass of was& many orloreenal savior of the rsquited oaths, die OW* or smooklos or s itK or maim end ND Moodie the CityCotma6. Such seed dull be hvaitiog sad shall be flied with theChr y you should hen say lees, phase fee tree is call Ids amber: tt d16i-T*34'l4 s aged Alan one mynah, partner Dammed mencrat 1466-7794774 Sa sumo* laetsmgarprsr htmswetp tHeeeray #tm 1411‘1 9.3774 Vox* yours in public wady, "You have the Tied to appal this meter to the C1Sy Comma warm 1eu00) dysafibe 1$66.77P,Y7'#d est311 so 1 sword be iawef sad Sod with the of Ei:, actlot. �V t`�dt. 1.3b�030) mFire Prevention Services, hie. is raider egret with the City of'Wand may. Piro Prevention Sorvicestwo 441 of 647 CITY OF NATIONAL CITY FIRE DEPARTMENT 1243 Nationnl City Blvd NATIONAL CITY;CA. 9hg-434-k FIN L NOTECE TO A ATE P t. TALEC NUISANCE Owner Merman Family Trust Parcel Number: S61 eal ae ad, Address: 7375 India St Date: 5/23/20117 San Diego, CA 92101 Legation of Mk Nuisance: 120S lagidand Ave Instructions for Abatement: *0404*-4011.402440144-WIZik You are bereft directed to abste the public mama Osaka *ore, ofwalch you me the weapon or ewer. irdeals ten (10) dap et dfflagoit *Puy, lkie to comply with this mix wig nark at you being shorged do adnabistodue ite and the (Strharing par wad" den* to dreOtya nenter it mat expense (per Mond City Municipal Cate Charter 1.36). A S350.00 adadnawative hetet be chstgod in WOOD to to cootneetortt bee to *en the popeety (pw Rentutien number 94-97). Violation wools* arthleat prooteeties al madwomen. 101.11ei For rho mono= ang3 god moral% gram all bsolt„ whichoistbustible growth a located Soso *lay (30) Re to arse busched OW) Ow fern cob atbuildleg atecture or to the property fine, widgeons is nem er er roma* by the Fire Deponmest. Whim das maistenance drat sod odor treptatito more ItiLlt ditty (30) tem suds bailing or strature. Cater we to be removed from the ioarra7 scrd aimed of WM* Vqletallert is to be at wlibbl nro Whet Otte grant *714117=Ont2ARDING UM. THREATENED 0111391010 • If pa ban peorbosly re Wed a masa ass tits Oak& Dnertenad GM* andeame or the U.S. Fah me Wlidget Service OW rem, tbonetted m champed species of Est at wildlife hos easurad on paw among io the anti identifier1 for did bark claresscs, YOU MUSTNOTIFY 80771 AGENCIES AND THE NATIONAL CRY FIRE DEPARTMENT IN TING=AT LEAST TEN (10) DAYS PRIOR TO 13193INNS40 vormact4 CLEARMICL 1HESE AGENCSES FAL TO OBJECT OR wormy you 07 ANy manNATNE pRocomgEg vernal THOSE TEN (10) DAYS, YOU MY THEN PROCEED TO CLEAR VEGETATKIN mow SY THIS MICE Plante to preside notified= ao them oposain mey Rude you liable under Mat or Sete Les to peenines, Any ads ibliowleganialow on bweby deckled to amslithe a public wiener A. Whoa do Fire Motor Werner deigns determine dot then mats kt eery mat on ray preadee carabortgate, Itamorietz ar avian conriets or dangerous aoc*out entail(); cr toseassary scennetasirew ofitcsewpsi., bones. dewing% m esy highly firme-witte mewl* witieb we so sitoried es to endanger gib or pp*ty � ibis ehieuedera re co e fire ese4F6e. athe• raeldee°3°. do w or widow drat reasandelytend to interne with the coachns of the irge defletelttit or tho Ism aacapaitta groan ladidiag of premires; ar finds ilts tits ofibottrows otroy mit deor, g0ctoprirdort Cr my are $411114/401 'kill reduzed; or finis that raw provides ardor Ihrithern Fite Cods is Wag ricieta. B. When the Fin Chef or bilker designee deems my chewy, smokestack OM cook ificinentior, foam ar ocher Itself% deviceAkcerio Mug or say appurtenance thwart, or anything egulated under t sedwady rengebed standard in or open any bathe stricture a• presage not to:eta:logy mestioned in the Uniform Fin Code, ate deaths to Resseb ea se to owe a how2d. C. Vibes the Fire Mara Witter deigns finds ray ;whilst sal* is hbibmadeaold inaleata sal( use la keleate orthe beard or town tear:to a greater degree that catononly maga bed a nomad by perm in the public' awakes regeady engaged in prerweing supostiolag or canguabing fire a: any Cuing or which may abeam* delay, hider oristerthro with las epodes etto fire dtpertment or the ogres oaooup.1a in the.oms our AR wed; ford% et 14;2,44 opu, t$J1c,--_B 5.1z,,Aagy a7.almf:Ti'd:w r.asiatiltitt. ice? as „,. %Ode indede die dhow* • A. Weeds *kit bar seeds &teem/ or *AMY cote. R. Sagedash, canpod, and weber hush or weds added wain mithiergegwediato became, when dry, s the mow lostrOdatt IreprOstd property. C. Weeds WA we otherwise nosiamer thoproos. D. Poison ea and pobon by when the vonOtitee ertgrowth mean* u io vandal menace the* pita With. E.Thystom, stubble, brush, thter, or other ansteadie Material villa* cramps the public shirty by aesthete fire board is iptioa oft* My odd* has been soled thr tingle end noltipie assidwoOporposes. rlational dlookail Code ISIUMMOIgigag, Tablic Naisakeiliela any alnico defined or Ordered to Ire public asisence braiifiriffriA, Woad conditiencesed, miantiest erprotatette test width osedihno a dma to the plata beak saw and writhe or whia sigsfficiody ham*, item or intsferes with the reserrabb et acme et maw in a otighbodsted, commenity re to ony considenthle number exams, A public *oat team maising m set thrtheeilithrolaCirg 0)de Section 3479, p=dlikiltirk&ANt• -4115Per/1111P.4/7!#tadeS Viable Mt (10) dap freetheths afraid% 141111--Te. soviet the nomied Win, **toner cc pen* ming* or toirtrollits lot pcv!i5istu adrbga my/ma to tho City Coond. Suck upped shall be in writing end doll be flied with IticCitr. Clerk Ityao *odd Irewany moselost, plena he Ikea chi ea embers 1466-77,-3774 Id otedlitutelgsne prevent por Amor tame al omen; 141164794774 liwaviagketlimPA laiornidus pa SAM osaretood to 14(6-179-3774 SIM:* yours Meth* saki% **Yea have *cried to oppeddlis matter to the City Coma within tea (10)trys of the receipt ethic nodal. 1444479-37740:411ar teagarepterealoteset The appeal shall be le voiting 'riddled via ADC* Oak. (NCMC 1.36,050) **Morro/when Saylor. loo is render ponce wtheatyerNetiord CRy. Fire ricontion Seriats*** ram 031274%0412406,9141106 442 of 647 I even ion ,t,rvices,Ic P.O. Bat 1720 : El Cajon, CA 92622-1720 (866) 779-3774 : fax (619) 445-633C lattpilltrepreweedearsei ADIZNISTRATIVE BILL: 6/21/2017 Xiamen Family Trust 2.37s India Sa Saft Mop, CA 92101 Parcel %I 011 OS 00 Loctaion; 1205 Highland Ave Dear Mennen Faraly Trust, Fire Prevention Services has been contracted by the City ofWatienal City to belp reduce potential fire violations thus imprOving the safety of its citizens. Your property was respected on 6/5/2017 and found to still be in violation of the National City Manticipal Code Chapter 1 46. As stated in the notice if the violation isnot corrected prior to the deadline you will be charged an administrative fee. 4 final inspectdon was prtreillted OTE the above referenced parcel, as of 6115/2017 this parcel is in compliance with the National city Municipal Code Chapter 1.36. Due to the abatement not being completed by the deadline, you are being charged the administratiVe fee Thus fnr your bill is $ 350 and if paid within fifteen (15) days Otitis notice no furdter costs will be incurred by you. irate t-Ittlz aback payable to nnd pleut include the File # 3.51 011 00 on tho oho& If you have eqf questions please call us direct at (866) 7794774. Sincerely, Fire Prevention Services, Inc. n..40119/06 443 of 647 Lwke Filce,orention Serviceo, HMCo RO. Box 1720 : El Cajon, CA 920224720 (866) 779-3774 : fax (619) US4336 http://fir epr evention.uet 7/17/20117 Merman Family Trust 2375 India St San Diego, CA 92101 Ref: Parcel # 561 011 08 00 Dear lawman Family Trust, This is a reminder of the letter we sent you on 6/21/2017 and we have not received payment in the asncomt of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This action nay include tiling an abatement lien on your property and fin -warding this bill to our collection agency. Under state end local law, costs for such action will be added to your total amount. Please tender a check to us immediately to avoid any fiarther maim Make your check payable to Fire Prevention Services, Inc., and include the Pace! # 561 011 OS 00 on the check. Should you need tc discuss this matter you may contact us at (866) 775-3'7'74, Sinceely, Fire Prevention Services, Inc ray.05/0 9/06 444 of 647 �':, n�ffAlG REQUEST=W Alt, Fire Prevention Services, Inc. PO Box 2012 `) Alpine, CA 91903-2012 (619) 562-1058 fax (619) 445-6336 Ale WHEN RECORDED +TO Fire Prevention Services, Inc. PO Box 2012 Alpine, CA 91903 2012 DOC# 2O17-03561 Aug 07, 2017 01:1 a RA OPAL RP ORD Ent at J Drarenr5 Jr, •AN �Q cotoW RaCORDER FEU' SMAO PAGE& NOTICE OF ABATEMENT TO TA$ CURRENT OWNER OF RECORD AND ANY lid OWNERsipuRCRASSILS OF THE HER i DEMME= PROPERTY WHEREAS it wro determined that violation ofChapter 1.36 of Nolatal city MunicipalCode did fit; and WHEREAS such viohnionordered abated an, and WHEREAS representatives (Odle National City Pke Dew abated the violation(s) on 61150017, end WHEREAS the chaff for such abatement amotmied to $420.00; THEREFORE be it know that an abatem ciitobliguion oak on 01sProPerlY man of muter until cement owner afthe properly is KlermenFan* Trust at 2375 St, San Diego, CA92l0i desp as foams; The APN d 5610110e 00 ADDRESS: 1205 Higblcnd Ave LEGAL DESCRIPTION: W 11630 Ft Lon I & 2 B0c 1 Tr1938 �coum This � obligationarch tot the ply, not the owner, and after by t Commit shall sold m t sp on the la not to Lour eat Liam lam, doe ply , be obligation. t asset claim be S ,0O plus honest and vile- r Mr bawl* !Atoms due. 'Ibis of 1=1 aFAio €olle . *mid stftt appropriate, ressonable legal fees will be and added to s °r DATED: Aar 3, 2011 ; State of addkula Ceurny °MIRA= BYE Ern Osborn, En Proveasion Services, in, Desinsee for NationalCity p Certificate Of Adetow ent �}yy,,���� �.1 .gyp :nr... +•.. :'f' _f'• , etin hed1 and tta '.gyp el {s. _ } ) taiRust3a.2017 bfle me t ea 6re inhumed paraon(a),� a b d sifaf+ ch tltepa y) tits Ide� mkt MALTY Y O 3 y under*be ws State ofealifontim 4nstto gm8 paragisphis trrm sad cotmot warms my bard and oiTciel seal. SAY REPORT FOR APN 561-053-10-00 02/21/17 Initial inspection was made, property was found to be in violation. 02/22/17 Mailed 30 day cry notice to the owner. 03/28/17 -inspection was made, property was found to be in violation. 03/28/17 Posted properly. 03/28/17 filed 10 day Emil Faaol tO # certified i. s 04/10/17 Final inspection was made, property was ford to be in violation. 04/10/17 Vied owaship info n nation vvith sty of San Diego. 04/11/17 Received email form property own 4/11/17 Replied to email. 4/17/17 Received email fog= property owner. 04/18/17 Work order authorization ' signed by District Official for admin fee only. 04/19/18 The OWIler was mailed an Administrative bill at the contracted rates. OS/09/17 The owner was mailed a final bill. 10/24/17 A Notice of Agent was filed on the property. 06/08/18 The list of Fixed .Charge Special Assessments [EXHIBIT "Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by mews of Regular Mail, Certified Mail and Posting upon the property. 446 of 647 MY OF NATIONAL CITY FM DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 91930-4396 } OTICE TO ATE PUBLIC T ANC . Owen: Evangelista Orlando T Parcel Number: 561 t 310 00 Address: 1107 E 161h St ate: 2 22/2017 National City, CA 91950 Lacatiatt of Public NtlisalicC 1107 E 166 St y� fur Abate/fiat Tent e imrelty ef+es a ;: iw::eec . aim ireirbirtur8 egel 4=4M or ottr. Mum . a yy NS War , i�2nds i. she ' InfirmN ,t. "4 by r '' . Csu" Qom[' ; . 3 t y . ' €a 'tii'on the e t !� ae , rc 4j c _ s' e. n e S.3g. � Ilion es 4Y Oar i`LN.-firet- w* r— A,Af.,s7 WerAttgans nee rho 9acct t0 CQPy t�D 14.r Pot the pageaka of iai j z p4oty, remove ell brush, Itsantrrelde mention, ;dtiE in to---rx4 &arm demy (30) feet to sae hurtdmd (100) (bet from such a building cc stroally Of tD the properly Tine, whichever is avers, Or 65 rallad Ewa from or E'er �+ txtt. taalrtdin� t� a wag r _ . building are as irc taxrtaveo tine; open and avant art be o mu" arum' Sr ah mom to # C two {) intakes of she Wino have irItir7M47 azochrod a notice from die Calffiarnia Depwedent of Fish and Gory a EMUS. and dt am or „am babe oohsartted on that mom, dimmed or andampred spades of f pau yin (her idontiged hook obaciante, YOU MOST I.ZOTIFY ROTiiiAGENCIES AND ME NATICNAL art IFIES DEPARTMENT IN WRITING AT LEAST 1EN (10) DAYS PRIOR 70 BEGINNING VEGETATION CLEARINQ. W ci.3 AGENCIES FAFL TO ow= OR MIN YOU OF ANY ALTERNATIVE PROCEDURES Willi2101 MCSE'1 3 i10) DOE. YeD MAY TEEN PROCEED TO CLEAR VIECIETAMiN AS D1RE TED BY mg NOTICE. FtdIw to ode oatification to dram agencies may rim* reliable under Petard or Stara lAw to tom. Any of the *Rowing conditions are booby dcceimed to constitute a public nuisance: A. . When the Ara mow Mbar dodgems hiesenain as that tltan exiem is ray buntingof on sty premiss comb accumuktions of rubbish; of ' dopes of vsa lePaper, boaocs, shnv' + �' reahasoori a of dangerous prapaty^, ar ab oos Mir on: Era +escapes, stairs, Pas ys, door: or windows thst h a which ace so s a9 to aan0an or nom oifihe mows cl' such b of pwmi or Ends that the cffeatty of any east d � tend ti final Car with the stio is of t re dor Sala t it the provision dile tin en Fire Code is being violated. �' wattle ht9d1a00d; of (fn� that any B. When the Fire Qtief or hinter designer deems arty cbhsoey, smohe:t b, stockmen, incinerator, firmest to other kszeting spotut a nco t or, err a .s it ed t a m~ J�+ rhed standard in or upon any banding, couctore or pa ' teatire Fie Coda, lobe Mother" h as en to crests a bawd.+ eai , mentioned tit y the Uniliattit C. Wen the Fire C Lief or blather designee fords say condition which inbipflher,iudgmein increases er nary anise as - greater deg e m �° me es norm by pa►snns la the public service resolely eked lla• pneres a of the lamed or Menace affix in a which may obstruct, delay, hinder or ithaeribre with the openetlens untie fire deponent a the epos oftworpanls re the v fire a taty t et no • lie w b. , ii or k4r.".xvws E', jultr.rmP in kC: i. fit rrj,.., & ftCa claw eat fie knowing 9f ' w. � '.3-f �a�C7—ate i'UC {w` �''a':3` VS A. Fs. Ii. NW& °0P-kk acerb cos downy G: wirwriorkare 5aregorresh, cherpmsi, mai any oda brush ur weeds which wain such large gnu hs$ to ham, idiot dry, a fire , in Weeds which are chee yle tdangerous Poison eat and poisoo hrwhen the confitiorteof growl as lash h as so angteisa aorw a th tz per. tiffetik, whir is6sionazne Tarsia sold*r i kwi-ayidhar>utti000ftheCity 'Pottle Nuisaaed' nun= any condition defined or decbPet lobe a public nuisance in soy section of nao aorta, anYoe find croodilion which corr�althd;s a tweet to dye public's health, safety and welfare or whieb significantly obstructs. in ens or i alafares midatainalai t s tht o °bwl sod, ersom rdtyor to any h ns4derable Jumbos of paws. A public mimei bra the Ann el rat sg fs ovine or ha Ikla Cede Section 347PfallallY in a k • AN wow *ram days. hear Ore date of yaztiv, mating or personal service oftite required flOtICC. owner cc may s 1 to the City Moil. Such appaa l (half be In writing and shall baffled >wa iCity OA ' °D 1°g °r °0'o'0 f?�S such tot or aid If yotaatiould have any questions; paws feet five to all iota hiineber,1.166 9.3ne ffs weird licaealguna pregame, par favor Rome at =mem 1465-779.37/4 So fearmaeg hahtaauogin, tumows; bag Po so nnaoeroag.Res t466 7 .377d Simerely yours in public safety, "°hYatthav�cttac ' to appeal !hie mbar to deo L4f6.7 o—me est, 3t1 sr blip( f!eep ever set be in vatting rand god;aim will. Ot' Cramp. tvbAT¢a 1�t (W) t mSp hs tmo tt of (leis rotiae tam Frahrpai £tit (i e o ft liYel Bihar Fdevenfioa.Sa i s, Inc. is stew axi7ut %NI the City of 1%1a :21 Clfr. 447 of 647 1'291 = OF NATIONAL CITY .1 DEPARTMENT 1243 Nafealial City Blvd :NATIONAL CITY9 C gl9N145 nJ " FINAL NOTICE TO ley9 ATE PUI3LEC NUISANCE Evangelista Orlando T Parcel Number: 56105310 (la Addresz 1107E 16th St . . Date: 3,123/2017 National City, CA 91950 Location of Public Nuisance: 1107�Eyi StInstructictes for Abatement Veep ` y a u dsint+ i Yon ire hereby directed to abate the publ c noisome deervibed above„ ofshich yost seethe weapon or Bonner, tibia am (10) days o13/ 017. **Your figure to carepty rah this order will exult hi you bed dialled the ant ni nhtaative fee sad the City has* per property domed by der t(tes aoatreetor hat sat • (pa Nadcinal City Municipal Cade Chafes 1.36). A fJ50.00 sdlnlsamive hewiU he straged in addition tg the caatetretor', Seer to deem the property+ (per ltesolation number 94-97). Violations ire ebasubjea toproseentionas ems. For tits protection eggs and property, same all beasts, ar conthurtibk growth which is heated from t (30) too to we herithird IWO het firom sluts a burlap or seam or to the property time, whichever is nearer, arcs required by the Fire Department, incIud tag the meinsen a ice organ red utterer vegetation mow tataa airy (3@) bum roch boildiog or structure. Cuttings are to be removed eons the property end disposed of properly. Yapped= le to yes cut within two (2)1mbes o itie •"NOTICE REGARDING RA1tL illurA' p Er : 1f you have maim* roceived s soda Barn the California De ant of Fish and Glare or the U.S. Flab and WHIM Scarce ire yen, wed or eackingered epoxies of lisp or wilditti base mo d ors your properly In the ;ems identified fa kJ heck c MST NOT1 Y mom AND THE NATIONAL CM, - FIRE DEPARTMENT iN WRI1840 AT LEAM (30) DAYS PRIOR TO 1111501101240 116ElETA1)ON CLEAR**. *. IF THESE AGENCIES FAiL TO OBJECT OR NOTIFY YOU OF ANY ALTERNATTVE DES WITHIN THOSE TEN (I0) DAYS, YOU PAY MEN P1iO 136D TOCLBAR VVQty fA71tNrl AS Drumm 8D BY TfR9 NOTICE, Faun to provide martens' these hgenefes rosy render yea Fria ender Pedant or Stec Lair to peruse Pion% City Mrrsieinel Code 9.12.810 Pi htle NtrabeaeeDeeta My attic allowing meditiors are itmehy &eland to earratitnre a public nuisnesx A. v4% the mg Cihiefor mow 66eigroxe daermines that the eel* in sly building or as fanny pasani to i5, bareadoa, er seethe distends or don o o accomulatiors of mblish; or unnecessary aoarwa4tdans of w , boxes, shavings. or arty highly thinnest* arterids which are so sleeted as to endanger life or property; or finds cb,aactl,ns to or on fire mows, s$ahs, prissagewmt. dears or +14n406rs ilal remoordity tend to [poetise with the operations af'ti,; fire dep ,t ar the evens cdt c ocompaale offaeh betiding of premises; or finds that the el veneers of any ends door, attic sepamder e•orr ray fire aeperteien We Is reduced; or find this say psoe4gionores Marna Fire4odeR Wog rood O. When the Flit cliff or hisiker designee deems any chimney, emokestoth. nose, over;, incipennor, femme ar atbar heating deem, des* fixture of hay sopurtm oe moo, or r+h8 rendered tinder it namely recognized standard in ar upon my bud • *nature or pentiirse eat fly mentioned in the Uuifbnxi Fire Garden to her deli;ed%ofens& as as IC create a Ward C Wt10 dt FFe Chief or Mather designee fords any ea action which in ilisiberjodgment 1136168216 or may mum eras ifs orate hawed otroS6604 of fire to a water degree that cattwr fly reimposed es normal by person in the public service ramie* engaged is promming, satppsesrig of enctigtishirng funs or any than or not Web !KY ablgulet. may, bads or interfere with lhe:cperatiors ofthe 0m department er the eves otoe caps* is Bernet #off. tb • d Ali weed;, . or toated'apona • � - - , �-i .: or piste propotty as '�' � _ „. � `i . , � - � peiepo� .-- � d R+ced• ill include A. Weeds wlddr bees sands tea downy or(viewpoint Sagelhhatb, oiapmal, mil any other heath or weeds which attain $udl 66136 8re3atb fir to beoeaie, whets dry. s nmtneoe * airroint towed property G Weeds watch en otherwise stud= or dingercis D. Faison cob nerd pane ivy 114366 the cardigans of mall, or make to c� a steremothe ems. E. Dry gas, stubble, broth, War, as other eammaide material which malingers the puhla misty 'by arm lewd In a portion of the City which hes hien zeroed for couple anal multiple residence purges. l`�etlaseaQS hientelitot Code 1 `Public IqUirStoe armrte toy condition or declared to in a pubiic nuisance Ga irayr sedlhba o as Wind (sedition coned', siaima red or permitted to east which aorestleses a feat toile poems batik safety and welfare or width eignifitantly obstructs, hires or interibes +rich the menotable of the tare of prosy_ in a neighborhood, community onto any considerable number of pumas. A public nnissnxe espies the terns meaningss sat * th in Califonda Civil We Section 3479. Within ten (10) daps Dom the date of posting. tree i ag or pelt ofml service, tfteieilta naliaro; *tier r oy paha siacapyipg or coutrolling such kit et premises effected tansy mixed toile iityCeorrCIL Sulu appeal del be hunting, as4 shall be filed with the City ems. lifyon should brie say meadow, please feel free to eell this ahaaber:1-16'159-3a7d Misted tieaad6aas pregame, por firer Rase al onmeroa 1.866-779.7/94 Sn unmet l+atsarnpa, temawag tang peas ninuenepgiteo 1.1I44-779-3774 Sincerely yours inipu&lie eddy, *'`Yon have the *too appeal this meter to the City Conchl with/ t (1D; days of theiexipt of dais notice. 1-864-779 37?4 ext. Sly or http•Jlflrepraveettiora net The roped dial be in t witing said filed with the City Cleric. (i!1CMc L36.030) "*fire Prevention Services, he. is under contract witit the City ofNatwra) City. Fee Prevention UMW" 448 of 647 Sorel P.O. Box 1720 : El Cajon, CA 92022-1720 (G66) 7 37741 fox (big) 5.6336 ,E ADIvIDIISTRATIVB BILL 4119/2017 Range/Wit Orlando T 1107E1Stbgt National City, CA 91950 Pend 9561 053 10 00 1107E16thSt Dear Evangelista Orlando T, Fire Prevention Services has been contracted by thl City ofNational City to help reduce potglatisi fire violations thus improving the safety of its cif. Your property was re -inspected on 4/10/2017 and found to still be in violation of the National City Municipal Cede 1.36. As stand in thrioting, i€the violation is not corrected prior to the deadline youwilt be charged an eve fa. Atiinal inspection was performed on the above referenced paned, as of 4,13,2017 this parcel to in . compliance with the National City Municipal Code Chapter 1.36. Dna tc the ahatetrent opt Mai compieted by die deadline, you are being charged the adminishathe fao, Tims far Your bill is-13S0 and if paid within fifteen (1.S) days of dais notes ri id k inclined by wz. lake= make check payable to and pkese include dec File # 561053 10 00 on the check if you have any questions please call us tact at (1166) 779-3774. Sincerely, Fire Prevention. ri es, c. rev.83119/06 449 of 647 „,eventio belt P.O. i 1720 El Cajon, CA ” me 24 720 (866) 779-3774 : fan (6k9) 44-6336 lattprififirepreventiort.ne Final Bill 5/9/2017 Evangelista Orlando T 1107 E 16th St National City, CA 91950 Roe Parcel it 561 053 10 00 Dear anngelista Orlando T, This is a reminder of the letter we sent you on 4/19/2017 and we have not received payment in the amount of $350.00 If we do not receive payment within 10 days we will be required to seek appropriate action to collect these monies. This acti may include frkg Hi abatement lien on your papally and forwauding this bill to our collwlion agency. Under state end local kw, oasis fa- such action Mil be added to your total amo. Reese a check to us immie6istely to avoid any farther action. Make your check payable to Fire Prevention Services, Inc., and include the Parcel # 561 053 10 00 on the dmeck. Should you need to discuss this natter you may contact us at (1166) 779-3774. Sincerely, Pim Prevention Services, Inc. ray.0/19f06 450 of 647 RECORDJNG REQUESTED BY Fire Prevention Services, Inc. s PO Box 2012 Alpine, CA 91903-2012 _ (619) 562-1058 fax (619) 445-6336 C AND WHEN RECORDED MIL TO Fire ire Services, Inc. POBox 2012 Alpine, CA. 91903-2012 �# 201P-04472 Oct 28, 2017 09:28 AM ErikRECORDS Tg, Jr . SAN DIEGO COUNTY RECORDER' PAGES: 1 NOTICE OF ABATEMENT To THE CURRENT OWNER OF RECORD AND ANY FUTURE v OF THE MEIN DESCRIBED WHEREAS It was determined fiat a violation ofChapter 1.36 of** Ib tiOnat ty Ifroxicipal Code did Mehl, and such violadon was ordered abated on , and WHEREAS capmentatives o the National City Fire Department abated the vic <s) on 4/IS/2017, and WHEREAS the cha►ge far sach abatement amounted to 42O.00; THEREFORE be it' own that an abatement obligation e*ista on the property regardless of cum =lipoid. The curet owner of the property is Evangelista Orlando T at 1107E 1601 St, National City, CA 91950 described in foams: APN # 561 05310 00 ADDRESS: 1107E 16th t LEGAL DESCRIPTION: Par• Lot 41/4. Sec 132 llr 166 This abatement obi shall attach to the property, not the ate, and afinz coofirmation by the City Council shalt become a special asses ncnt on the property tax bit trot paid punt to Strte Law and State Tax Lien Law, the propel, may he saki to satisfy that obligation. The moat °fan& ,ball be S420.O0 pits interest and other toasts rbbich hereafter become due. This C ` for caol collection. such actions be r+e or determined to Iv appropriate, masoimble legal fees will be incurred and added to said obligation. ' DAB October 24, 2017 Ceotifteato Of lCen ' Piro Prevention Services, Inc, NationalDesignee tbr . it .._ 1 Cad fwatimaine, _ t _r.srsw 3 -s State of Cetlftrnia cf CoultY of illate0 on October 2+4. 2017 be ma,Anallaidgcbdablaglialicatablig, peas rally wed *.L�r be ) e. ° tome ore me that 1 Js =3 tee era) �, t t person(,), or the entity"cm behalf c+fwhipb the scut signature(*) to file t person(s) acted, executed #e iastrseneent, c if taicAte PENALTY OF P rtrAi ender the laws of8ee State of California that the parelnupn is true and tweet WITNESS my hand and official seal. (sad) SUMMARY REPORT FOR APN 563-030-04-00 04/19/17 Initial inspection was made, property was found to be in violation. 0 1117 Mailed 30 day courtesy nice to the owner. 05/17/17 Notice mod, Ininifficient address. 05/ 3Yf 1 S CRA ed notice returned "vacant". 05/23/17 Re -inspection was made, property was found to be in violation 05123117 Posted property. 05/23/17 Mailed 10 day final notice .to the owner, certified mail. 06105/17 Final inspection was made, property was found to be in violation. 0607/17 Verified ownership information with County of San Diego. 06f 1511 ? Work order authmization sighed by District Official. 06120/17 F.P.3.I. Crvas abated the property. 06/21/17 The owner was mailed a bill at the contracted rates. 07117117 The owner was mailed a final bill. 08/03/17 A Notice of Abet was filed on the property. 06/08/16 The.list of Fixed Charge Special Assessments [EXHIBIT *Al and the City Clerk's "NOTICE OF PUBLIC CONFIRMATION OF COSTS HEARING" was served upon the property owner by means of Regular Mail, Certified Mail and Posting upon the property. 452 of 647 crry OF NATIONAL CITY FIRE DEPARTMENT 1243 National City Blvd.: NATIONAL CITY, CA. 5 .6445% NOTICE TO ABATE PUBLIC NUISANCE Iketeake Travel Net Patel Number: 56.3430 04 OD Atithesx 1236 E 246 St D 4112 17 tioual My, CA 91950 L._=afPtib&Nt ; 6 E 24th St si .,r vor. coPY h. Tee eal:-::52ttidh'c e = ,:r R armlike TAM L tztseisa =avatar iFiiva; museA99 tt s I nu itt t - 9 �' kr �3 ems• rrx �oar Mum ° gir iva i in aeon m �tl to "' w . . r t � Peas moms. �. 5{z r y"` *ft - 411..1 per preldicas Of pat ettz popter. t ; AFtwegrh wothem„ �r �aan'Itucl t cpxcgirt= i kmmtA 5 Incha or eta or toile peo ty tint, W drerer is mar, or ss the Co laadw8 (1 tun tr ti flit. gra* ng 6i sionsaegiu. Cteilr4e we to ba Isara lei Abe moat deport oftprOpertr. v it ira QaSttigas ente (2) 61 rob?te Nyoa dec and a Wan fr is ee • atf a Owns ate tJ�l.1'leh erod lb9idti� , tlmede et ash or waned oa yogi in the Brat meow par faa! gleans" YOU M Mtn' BOTH A AND eFIRE DERA� DI � At 1, A$' TEN (t0) DAYS PRIOR ' O �p VE 1 CLEAR f ., W'f Di+MOR NI YOU OF ANY ALTERNATIVE �, WITHIN THOSE 1114 (8 smers. YOU MAYl'l$?l�l locum i il18, iC# `it) __ �_ i topside � to d opood smaym lte Nide mar Poked or Noe Gres pewit& R i+kTME'ltl ASgY Amy eate thilowingtoodithus {whereby dwinal lerornotafttrOtto twist= ; A a els Ss C7 lex le y hattop palms combustible, hsandra aveanestetet Mob* as mane o'er, o aoy k its tnte so iftive r as dooms � efts it of; lith or i wow* teed pzs o with the alsce � Owow thoeleggiain$ eat* bad* t Wirt dolot , bear, or any En or tut ray S. then dm flee ettieforhisibtr s arr, U &mac a other itcodog aptonosonam Omskor aly�tdnstr' i'ror °' Naas eraery P6e ie ra x e eo gm is eem m 6 bega . prandial rasa ma's ed irade thgkirtiubich say oboist, drkst, hinter or traulima tio Vat** late *weti/P,areA cram) snag alermseSt ths-econl sett's Ai weeds, srovomig of lowed rpm* sidewalks aphelia ore papaw IR .'1b�• ehdWoe* i1 WoadtviNeh boar sonde eft dowereisrlyneon. 0wet kjwt$eb1Y8CiDleliQj►eP3111, egr4Big• Q�63y i74 pee. stak kb/404c fEr tett eftleuiela 0Moil4="At .44.40a tagedot ird4 wet* a fee *peke dame* Iiiiteirolittuidasi Code. pMa to P►pb Pmbtu N s any condiiiea defined or be a publiotwk ase in e9 section of this tear and condidon amok torinteinetor peresitted be rrbit a tharet an the !ties red ramie or obs„ Wm* or iatteri the seesonside Res we of propeuyin wigmkt hhaWood, commuisky c to tewca nd deaebia nmbarof persons, A public atimace the tut the apse neeo ag sset ONO in csittielit Crideascaus34 67 tee Ct &romp the ded+s Mite Monletod Colo 136.0410 Abatement•-Anoel Aeat�• i innlht ce mend Swift oldie adtim the went a person _ ft ict or inti Wahl' Aathe City Connell Sorb oppeetWWI be is WAN be Ned �Ow Cl erk ayes slimeawn •oy q*esdorra; Besse lid dike to at tfs swam 1-1441-719,3774 N ated Ontudgona pawns, prewar r tierce Al nummene 1.1ii .779: 1 ' ' Sotutomong botenonpon, Nei pup wrourestI* 141047341,1 . ']mots inpubdctatty. 1 � +at.3i! tfr "Yee ttorolpeed tld:apttet tie ere ' C+000eEi do tee04 1'bs epposl t be io ro tig,rnd and with the rcjiik pachtii l *weft ofthltt Preantlu e*'� +'e Elsvia' :. iw(dt>We£ieyrftl#otittl CITY OF NATIONAL CITY DEPARTMENT 1243 National City Blvd : NACIONA>L CITY, CA. fi M-4396 FINAL NOTICE TO ABATE p NUISAWE Omer: Mexico Travel Net Data: Number. 563 030 04 00 Address: 1236 E 246 Da 5/23/2017 Negartal City, CA 91950 btPublic Nittstoott 1236 E 24th St hoiroetionefor Abe pears dear titeptIre Drone 01aU !brads. dead :.1.:•1 ., i+"..!h.l•_' }!ii��� !�, �: G�JS=ii /:.:. w,. ! J. You eva hereby directed to eudathepubii ou twice described gm areal* you mats t or conarb 16?dalx at n. "Your frame to no* with this sae wet molt la you being dogged the otheasithative he cod the Clly having yszr lovingly chewed by the cxmc Ir at = expoost hiciftasal Chy Missiter..9 Code Clnyler .30). A.$390.09 ,at32ivistradve le sea 619 dricsd h rdi 1 so Cifdit the ,proper saga 9447). xrtne sakes ea at roseetaina es Inisthesomaz Rothe poseeetiav onife nod poonty, mum aS busk b ergelcalsok sr owatteseble t is towel I°tt a iaet to on isasto ii (fotg face such a ocitiasetureac•lathe pmoq tyIte, sent is easora Odbythe u the �catgraasod oar *atom noon sal Ably from sea Wag as rinoteren. Cuter we to in towel ton the prosoty rad dhposed orpooperly. ilesetsloo h logs am man t%so'&t ll- if you hen preeloady resolved a: Dodos eon the Canada Depotaut or IRS or doe U.S. Firdo cud Web Servicesthreatened er Midiugeme woks Web cc' ism acenved an poi poverty ist the otos ideutified ith that beech chum; YOU MST wow azit MIMIC AND Tie loiATIMAL,CITY FISIELNIPAIMENT IN WRITWO AT LAST 71IN (10) DAYS molt YO gEOMING. marmot Q. a. IF A FAIL TO ' i'O NOilirY YOU of ANY ALI A wawa 7 iel DAM YOU MAY i l VEDETATION A5 DusEcTED DV 1111S1407ifE. Pease 9opoor* ntigivation to these woksnay reviews *We cgs Mordcc atts/teperwittes, Any etc t ?'%.! •'i;.: 'f.IS '..�f �4° .. ,.: i3t?., x r t► _+. w_ iba: ... •hl? -: o lemmaphea corlthaeg Whoa the iiret iisfor thlber designee dulcoatisoto that thenacists 6144 beallater rot say MOON acoaraJ piaeearrubbish; orwmeotessty�at tibia,h::artiieeoreJrmossoaaoattodItIr life or l� 'or tyads obasuctioue to or CI Ike �` ` �' �' tssaarii�ls ate aoaittiaMd at to aedprper argot even of do occupants *rood' brppremiag or Oads�� esii doogni m et the ° m wtbag l is re t tMt Noy powisloa Odin Miami Code is • violated. ' siatl i= saleoad; a re , a War the Fire -Chafer Witter dasigoee deems coy thisoneyp waskosttok, sumo, one, lachtento5 Sue= welter lialirz davits, dealt was cptunesson bran% ar aaytt t ulrtedw wider stsatinedJ re od d he or epee goy a s)♦ t toot suoularead to en Whom Fbgt to -be &activ+earInnis oarastotemic abaerd. C. Whoa thorny Cider orldelAerdnigatemany oatdkicta *dick fuitidoesjndponi CM* Mlle Aft ieatmeatet bawd en atattatattnataz. stator dowattwt aepoeixilY recopdzedas rotted by parent in the puttee soviet n> wood io porroodos. aeppspari_ re tatingsitirc the or mg tka or which neg'a Mortar cristifthe ovations attire Ikediprlarantarderop*otaa cis dieawe* eft. . rijacdfamigiskrtDade+JL1lwi Point AIrliropalberbordhliterasrdt hers ittetift Al ice, gamin oranted ton s tidemaska at priVap pripetgl Oro broottractirod robed ps . stoe. Porese paspnues erthis theloir,N1rsd A. Weeds swhitbtooth* cradoweyorw y'tsatr et B. gspebtask duped* >W any sneer kola ex street Slat dtaisaackkarityaltdt ante throos%e, %►fiat aY, a era cameo to istionot ieprps i promy, C. Weeds *bleb aer ektwittasodave as D. 'puma* sold pi son i+sy'atom die candidata oripotath Iamb so ie aoostioie a *maw r.tbe pebtic bead& • a. Diplo R siabblev tklar• a otberfbsataable aaat M *Mob Wiwi the tedikaddy by=rib j a Oro board rd kr a poidoir of dor ON otdoli has leant ibrsimple sod mid* reddeves wpm. uPublic Mame mew ice Mead or delcrad to - apublic add it eery seetbzi aft co. take esti caadition cussed, =tatoiaed Or etuthitted to wrist which ens a: t!ew to tire p head, safety mod waggle ce gym' or tade= cat the smote of free see of paupty in s 'esigirbotheed, cathromity or to cgrecaritterchic vesacr.atpanceaa:<. A *, Ott~ sr= eta aza Caliroutio Civil Code Swan : 9liFtie tea {ilk show fivuo the date of ittheYCade t.� �t�- 6t es service tithe rewired soda. as oar or pesos or ice er pry ,'Gad kiiifficosy weal to the CkyCounil. Sudo appeal sike ist wirfogssd itteU eels dotty i ys ,"book i re oay q ii s feel nee to ene this manse i-t 719 77+B SI Wei eseeetwoc pregourawn taw Reizald dos 1464.7794774 Slays* yoors in ', "You foveae ri ito apptd this Staff to tatC ;pUm0Q .Vibe nation % -97776 ate. 311 or 6ui a The aped that berm wr s/ad.fied,sde►& i y :fah. i I,y ' otFbis Fin i agioa Services*" sooFirePsensuies Swims, Inc. ism*, wow 1isthe City ofNW* trity. oay.012M6i01006.060.105 454 of 647 Fire Preveation S 6/2112017 Mexico Travel Net 1236 E 24th St National City, CA 91950 Parcel 0 563 030 04 00 Location: 1236 E 24th St Dear Mexico Travel Net, P.O. Box 1720 FA Cajon, CA 92022-1720 (865) 779-3774 fax OM 4454336 littpdifirspoevention.tat cop. This letter is to inform you that the Public rialcattte oe the above referenced kpmparty was abated pursuant to a prior Notice to Abate and older of the City of Ntaional City. Fire Prevention Services was enetracted by the City of National City to help reduce Public Nuisances and poodle; fire violations thus improving the safety of its citing*. The abatement wort on your property was Wormed as mandated by The Natio' nal Chy Mual Code Chapter 1.34. The charges thus* total $690.00.. You will boar no further coft if this soma is paid within fifteen (15) days of the date adds nothe. hare to pay this bill may result in the Ming of au abatement lien upon your Europa* • Please make your cheek payable to The Prevention Services and include the. Parcel 563 030 014 otlt the cheek have any questions please ertil i direct ri (8466) 779.3174. Sincerely, roe Prevention servioos. We. rot.0511946 455 of 647 Tann -s, 1720 : El Cajon, C 92023-17:0 ��yy �y 77/-3774 9 fax (619)4 6 k iS t p a///f i r ei p r e v ev s �yD l e a e n o Final Bill 7117/2017 Travel Net 1236E 24th St Natirmal City, CA 91950 Ref Parcel 0 563 030 04 00 Dear Mexico Travel Net, This is a reminder of the rem wo sent you on 1 17 and we have not received payment in tka aft of 0.00 If we do not rive payment within 10 days we will be required to seek appropriate action to collect these monies. This anon may include lien an yore propierty and forwarding this bM to our agency.collection Under lute and local law, coats for such action!Mil added to yom total mount. Reese tender a cheek to us immediately to . anyfurther on Make your check payable to Fire Prevention Sew, Inc., sod inchtde the Parcel 563 03004 00 on the check. Should you nand to discuss this matter you may =tom us 779 77 Sincerely, FirePrevention Services,Inc. r 9 456 of 647 &RECORDING REQUESTED BY rim Prevention Services, him tV'C PO Box 2012 =• Alp , CA 9O3..2912 +ti _ (61 p i) Sea -loss fax (619) 44S-6336 AND WHEN RECORDED MAIL Ile Fire PreventiMr Services, inc. PO Buz 2012 Ain; CA91903-20i2 OC# 2017-0356126 Aug 07,'�//��..2tt0��17 01:15 PM OffF C L RECORDS Ernest,l. Osananbits, Jr., SAN DIEGO COUNTY RWORDER FEES WOO PAGES; t NOTICE OF A3ATENffiNT TO THE CURRENT OWNER OF RECORD AND ANY FUTURE OWE R EN €ISRI� � j � � OF THE WHEREAS it was determined that a violation of Chapter L36 of the Weizesal City ivi-untiekoal Code did twist a wl WHEREAS ouch violation was arm abated on, and WHEREAS representatives ofthe National City lfne Deparimient abated thew it) en t 019, end WHEREAS Uhl charge for such abatement amounted to S760.00; THEREIVRE be it known that an abatement obligation on tlac property regardless E 24th ofriwa� t paid. Thcurrent e ofthe property is � Travel Net at 1236 Si National Cif, CA 91950 - APN#S63Q300400 AD :1236 E 24th St 1,EOAL D 1ON: Per Lot 1 114 Sec 134 T- 166 This abatement obUgadoe because a special assessment on the propety shall stet to the pstpasty, not the owner,ad ellow eenfirmingon by Sac City Contsil Shall tax b11- ifnot paid pursuant ti r Stele Exor aed Tax Lim law, the pregany myy be sold to misty that oblissirm. Tha meat of such cleft shaft be m?80 E p� doter dtte. 'E"hia t C of k x oho . �u1 ++ 1 tot appairfam, meseagale legal fees will be incurred o added to said obligation. to be DATED APAgust 3, 17geo Gahm Mrs Mammon Designee for National ,Fire Department Stara of CoilfoCourala 1� eacenwto Of �$ . ) Ou August 3.3017 bed, explbruftwatiestaukaatidgit Perm* the evidence to be the pe (s) peeved acknowledged to me that hthheltbey, the same b a )stdrecdbed 8 ate. pociKres)„ and that by the ds). or the uponheeifof tt the s) weir Via) eo the ion wry'"" . PENALTY OF PER-1Y ma* laws of the State ofCalifonda that the WITNESS kiresoissa pates* ' is insandoaa duaik (Seal) 458 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 459 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 execute a 5 year Service Agreement, with the option to extend up to two additional 5 year terms, between the City of National City and EXOS Community Services, LLC to pro 459 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a 5 year Service Agreement, with the option to extend up to two additional 5 year terms, between the City of National City and EXOS Community Services, LLC to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street, for the not to exceed amount of $520,000 for Fiscal Year 2019. (Community Services) PREPARED BY: Audrey Denham DEPARTMENT: PHONE: 619-336-4243 APPROVED BY: EXPLANATION: See staff report. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS 001-41000-3574 (Swimming Pool Revenue) - $223,000 001-441-058-299-000 (Contract Services) - $520,000 The above expenditures and revenues are incorporated in the FY19 proposed budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt the resolution authorizing the Mayor to execute a 5 year Service Agreement between the City of National City and EXOS Community Services, LLC. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff report 2. Service Agreement with EXOS for the operation of Las Palmas Pool 460 of 647 CALIFORNIA vc;tirIO NI\L CI IV o mo INCORPORATED City Council Staff Report June 19, 2018 ITEM Staff Report: Resolution of the City Council of the City of National City authorizing the Mayor to execute a 5 year Service Agreement, with the option to extend up to two additional 5 year terms, between the City of National City and EXOS Community Services, LLC to provide aquatic programs and services at Las Palmas Pool located at 1800 East 22nd Street, for the not to exceed amount of $520,000 for Fiscal Year 2019. BACKGROUND On November 3, 2015 City Council approved a 20 month Service Agreement between the City of National City (City) and EXOS Community Services, LLC (EXOS) to provide aquatic programs and services at Las Palmas Pool. After three months of preparations EXOS opened Las Palmas Pool to the public in February 2016. On December 20, 2016 City Council approved the First Amendment to the Service Agreement extending the term of the Service Agreement through June 30, 2018. DISCUSSION With the current EXOS agreement set to expire June 30, 2018 staff has renegotiated a 5 year Service Agreement. Following is a summary of key terms: • The term of the Service Agreement shall be for 5 years beginning July 1, 2018. The City and EXOS may mutually agree to extend the term of the Service Agreement for up to 2 additional 5 year terms. • EXOS shall provide the following programs: recreational swim, learn to swim classes, aquatic exercise classes, adult masters swim program, lap swimming, youth recreational and competitive swim program and facility rentals for athletic teams or clubs. • The City shall be responsible for maintaining, providing and paying for utility services, including gas, water, electricity, trash, sewer charges and telephone. • The City is responsible for all repair and maintenance including landscape, janitorial, and facility maintenance. • The budget shall be mutually agreed upon by the City and EXOS in February of each year so it may be included in the annual budget approved by City Council. • The City shall pay EXOS a monthly base management fee, actual payroll and staffing expenses, and marketing and administrative costs as set forth in the annual budget. • As compensation for services provided by EXOS, the CITY shall pay EXOS a monthly base management fee for each month beginning July 1, 2018 in the amount of $5,591 per month. The base management fee is based on services provided, therefore the base management fee shall increase to $6,468 during the 5 months when the City provides 461 of 647 Page 2 Staff Report — EXOS Service Agreement June 19, 2018 learn to swim classes to the National School District. Thereafter, the base management fee shall increase by 5% at the beginning of each fiscal year to account for increases in the consumer price index, minimum wage, and overhead costs. • Revenue collected by EXOS for its programing will be collected and handled by EXOS and deposited with the City. RECOMMENDATION Adopt the resolution authorizing the Mayor to execute a 5 year Service Agreement between the City of National City and EXOS Community Services, LLC. FISCAL IMPACT In FY19 operating expenses shall not exceed $520,000 and revenues are estimated at $223,000. These expenditures and revenues are incorporated in the FY19 proposed budget. 462 of 647 SERVICE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND EXOS FOR THE OPERATION OF LAS PALMAS POOL This Service Agreement (this "Service Agreement") is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and EXOS COMMUNITY SERVICES, LLC, a New Jersey limited liability company ("EXOS"). RECITALS A. The CITY owns the real property commonly known as Las Palmas Pool, located at 1800 East 22nd Street, National City, California (the "Premises") as depicted in Exhibit "A." B. EXOS is a privately -held fitness and wellness management and consulting company in the business of designing, managing, and operating all aspects of mixed -use health, fitness and aquatics centers similar to Las Palmas Pool. C. The CITY wishes to have EXOS operate the Las Palmas Pool with EXOS programs serving the local community. D. The CITY is responsible for repair and maintenance of the Premises, which includes improvements, landscaping, facility maintenance, janitorial maintenance, chemical maintenance and information technology. The City desires to engage EXOS to operate the Premises, which includes, personnel, programming, events and operating procedures and policies. NOW, THEREFORE, in consideration of the foregoing facts, and in consideration of the promises and covenants hereinafter set forth, the parties agree as follows: ARTICLE 1 TERM OF AGREEMENT 1.1 Term. The term of this Service Agreement shall be for five (5) years beginning July 1, 2018 (the "Commencement Date") and terminating on June 30, 2023. 1.2 Option to Extend Term. If EXOS is not in default of any provision of this Agreement upon the expiration of the term described in Article 1.1, the City Manager, or designee, may extend the term upon mutual agreement between the parties. If either party desires an extension, the requesting party must make the request for an extension to the term no less than nine (9) months prior to the end of the term and mutual agreement must be reached no less than six (6) months prior to the end of the term. At the time of an extension request, EXOS and the CITY shall discuss a mutually agreed upon scope of work for the extended term. The CITY and EXOS may mutually agree to extend the term of this Service Agreement for up to two (2) additional five (5) year terms. The initial five-year period, and any extension pursuant to this Article 1.2, shall collectively be referred to hereafter as the "Term." Service Agreement Page 1 of 22 City of National City June 19, 2018 and EXOS 463 of 647 1.3 Transition Period. Should the CITY or EXOS not extend this Service Agreement pursuant to Article 1.2, EXOS will make every effort to transition operations to the CITY over the six (6) month period that precedes expiration of the Term. ARTICLE 2 PREMISES AND PERSONAL PROPERTY 2.1 Facilities to be Operated. The CITY hereby engages EXOS to operate the Premises as of the Commencement Date. EXOS will operate the Premises for the benefit of the citizens of National City subject to the covenants and conditions set forth in this Service Agreement. Facilities to be operated include: (1) the Olympic -size pool; (2) the activity pool; (3) the locker rooms; (4) concession stand; (5) pump and storage rooms; (6) lobby; and (7) administrative offices (the "Facilities"). The Olympic -size pool is 50 meters by 19.8 meters, with 8 lanes of 50 meters, including one 3 meter diving board and two 1 meter diving boards. The activity pool is 80 feet long and, at its widest, is 45 feet wide with a total area of 81,000 square feet; it has 4 different spray features and a 16 foot high slide with a ride length of 134.58 feet. The locker rooms are enclosed by a high wall and have a large changing area, showers, and restrooms. There is a pump room adjacent to the pool along with multiple storage rooms. There is also a concession stand, lobby, and administrative offices. 2.2 Ownership of Personal Property and Improvements. The rights and obligations of the parties regarding the ownership of personal property and improvements on the Premises shall be as follows: 2.2.1 Ownership of Personal Property. All of the CITY's personal property not permanently affixed to the Premises, such as, but not limited to, furnishings, office equipment and supplies ("Personal Property") shall remain the property of the CITY. All improvements existing on the Premises ("Improvements"), together with all fixtures permanently attached to the Premises ("Fixtures"), as of the Commencement Date shall remain the property of the CITY during the Term. EXOS shall not remove any Personal Property, Improvements, or Fixtures from the Premises, nor waste, destroy, or modify any Personal Property, Improvements, or Fixtures on the Premises. All new Improvements, together with all new Fixtures permanently attached to the Premises, after the Commencement Date shall remain the property of the CITY during the Term. EXOS shall not remove any of the CITY's Personal Property, Improvements, or Fixtures from the Premises nor waste, destroy, or modify any Personal Property, Improvements, or Fixtures on the Premises. 2.2.2 Ownership of Improvements and Equipment. All of EXOS's personal property not permanently affixed to the Premises shall remain the property of EXOS. Service Agreement Page 2 of 22 City of National City June 19, 2018 and EXOS 464 of 647 ARTICLE 3 PERMITTED USE 3.1 Permitted Uses. EXOS shall operate the Premises by providing for and facilitating the following proposed activities which may be amended or replaced periodically by agreement of the authorized representatives of the parties: 3.1.1 Open swim on Saturday and Sunday throughout the year and open swim seven (7) days a week during the months of June, July, and August. Open swim also during the National School District two (2) week fall break that occurs during September and October. In addition, consideration based on need will be given for an expanded open - swim schedule during the National School District two (2) week winter and spring breaks. 3.1.2 Learn to swim classes throughout the year based on community needs. The number of classes offered will increase during the months of June, July, and August. A variety of learn -to -swim classes for youth and adults with varying levels of experience will be offered. Cancelation of classes is permitted if enrollment is less than three (3) participants. Article 3.1.2 may also be satisfied by providing learn -to -swim classes for third grade students in the National School District. 3.1.3 Aquatic exercise classes for various ages and abilities and offered based on community needs. Cancelation of classes is permitted if enrollment is less than five (5) participants. 3.1.4 Adult masters swim program with structured workouts provided by a certified coach. 3.1.5 Lap swimming offered, based on community needs. 3.1.6 Youth recreational and competitive swim program with structured workouts provided by a certified coach. 3.1.7 Facility rentals for athletic teams or clubs looking to use the Premises for practices or competitions. Facility rentals shall follow City Council Policy 801, Recreational Field and Sports Facility Rules and Regulations. 3.2 Hours of Service. EXOS may provide programming between the hours of 5:00 a.m. and 10:00 p.m. seven (7) days a week. Hours of service may be changed upon mutual, written agreement. 3.2 CITY Use. The City may use the Premises for special events, including National Night Out and Summer Movies in the Park. The CITY may use the Premises for up to ten (10) additional events or programs per year. Dates and times of such uses will be agreed upon by the CITY and EXOS. Service Agreement Page 3 of 22 City of National City June 19, 2018 and EXOS 465 of 647 3.3 Consideration. EXOS's performance under this Service Agreement shall serve as the sole consideration due to the CITY for EXOS's right to operate the Premises. 3.4 CITY Residents. Participants seeking day use of the Premises who prove to EXOS's satisfaction that they are residents of the CITY shall not be required to become members of EXOS and shall be offered reduced resident rates. ARTICLE 4 SERVICES 4.1 EXOS shall render the management services listed below (the "Services") to the CITY for the on -site management and supervision of the Premises. The Services shall be performed in accordance with generally -accepted standards in the fitness and wellness management industry. The Services shall be performed in accordance with those requirements or restrictions as may be imposed by any governmental authority. EXOS shall provide the Services as follows: 4.1.1 EXOS shall formulate an annual budget in accordance with financial targets for net operating income/surplus and meeting agreed upon benchmarks. The budget shall be mutually agreed upon by the CITY and EXOS in February of each year. 4.1.2 EXOS shall endeavor to increase program participation through the development and execution of effective marketing and retention plans. 4.1.3 EXOS shall provide open swim, learn to swim classes, aquatic exercise classes, adult masters swim program, lap swim, facility rentals and other programs at affordable resident rates approved by the CITY. 4.1.4 EXOS shall endeavor to meet or exceed budgeted net operating income/surplus goals as set forth in the annual budget approved by the CITY. Financial results will be monitored by and reviewed with the CITY on a monthly, quarterly and annual basis. 4.1.5 EXOS shall provide annual reports to the City, each of which must contain the total number of (a) National City residents who participated in EXOS events; (b) all participants who participated in EXOS events; (c) events and programs coordinated; and (d) reservations and use by third parties, such as athletic teams, and any other pertinent statistics. 4.1.6 EXOS shall recruit, hire and employ, as employees of EXOS, all persons who will work at, or provide services to the Premises, managed by EXOS in furtherance of the CITY operations (all such persons being referred to herein, collectively as "Managed Personnel"). Salaries and other expenses of Managed Personnel will be charged to CITY as an operating expense only to the extent such Managed Personnel are actually employees of EXOS. Both parties hereto in the performance of this Service Agreement will be acting in an independent capacity and not as agents, employees, partners, or joint venturers with one Service Agreement Page 4 of 22 City of National City June 19, 2018 and EXOS 466 of 647 another. Neither EXOS nor, to EXOS'S knowledge, EXOS'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, unemployment, or workers' compensation insurance. This Service Agreement contemplates the personal services of EXOS and EXOS'S employees, and it is recognized by the parties that a substantial inducement to the CITY for entering into this Service Agreement was, and is, the professional reputation and competence of EXOS and its employees. Neither this Service Agreement nor any interest herein may be assigned by EXOS without the prior written consent of the CITY. Nothing herein contained is intended to prevent EXOS from employing or hiring as many employees as EXOS may deem necessary for the proper and efficient performance of this Service Agreement. All agreements by EXOS with third parties shall require the third party to adhere to the applicable terms of this Service Agreement. 4.1.7 EXOS will manage personnel, facilities and programs/services in a manner consistent with the mission and values of the CITY. EXOS will provide personnel as it deems reasonably necessary to perform the Services set forth in this Service Agreement. Personnel will be trained by EXOS to properly perform the Services. When hiring for the general manager position, EXOS will present the CITY with general manager candidates for review prior to hiring. The CITY will have the right to disapprove of general manager candidates. 4.1.8 EXOS will establish and implement policies and procedures designed to operate the Premises in a manner that promotes safety, customer service and financial accountability. 4.1.9 EXOS will work closely with the CITY and the Community Services Department in designing and implementing effective and low cost program marketing campaigns, including community outreach to find programming opportunities. EXOS will develop and launch outdoor fitness and program initiatives. 4.1.9.1 Use by Others. EXOS may allow use of the Premises to other groups or organizations such as athletic teams and clubs. Any third party group users such as athletic teams and clubs shall be required to adhere to City Council Policy 801 Recreational Field and Sports Facility Rules and Regulations, to obtain a facility use permit from the CITY, and pay fees to the CITY for use of the Premises. 4.1.9.2 Social Media. EXOS shall be responsible for social media marketing for the Premises and will adhere to the City's Social Media Policy 01.13. 4.1.10 EXOS will develop and enhance measurement and analytics capabilities to help optimize revenue. Service Agreement Page 5 of 22 City of National City June 19, 2018 and EXOS 467 of 647 ARTICLE 5 EQUIPMENT 5.1 The CITY shall provide such items as office furniture and equipment, telephones, computers and software for the Premises. The CITY also agrees to, at its sole expense, maintain such equipment to the best of their ability. The CITY will consider the nature and priority of the maintenance and available funding to determine if and when such repairs and maintenance will be completed. 5.2 EXOS shall, provide general administrative supplies, marketing materials, and all aquatic -related exercise equipment, and safety and first aid equipment necessary for the operation of the Premises at the CITY'S sole cost and expense. The CITY shall pay for such supplies and materials within thirty (30) days of receipt of EXOS'S invoice therefor. EXOS shall prepare and distribute marketing materials and CITY shall assist with the distribution of marketing materials. ARTICLE 6 UTILITIES 6.1 Utility Services. The CITY shall maintain utility services to the Premises. The CITY shall pay for all utilities costs necessary for EXOS' use and operation of the Premises during the Term. Utility services to the Premises include gas, water, electricity, trash, sewer charges and telephone. The CITY shall pay directly to the applicable utility company such charges, and EXOS shall have no obligation to pay for such utility services. ARTICLE 7 REPAIRS; MAINTENANCE 7.1 CITY Repair and Maintenance Obligations. The CITY shall, at its own cost and expense, repair, maintain in good and tenantable condition, ordinary wear and tear excepted, and replace, as necessary, the Premises. The CITY is responsible for all repair and maintenance including but not limited to, landscape maintenance, facility maintenance, and janitorial maintenance. The CITY shall work with EXOS to maintain public safety, hygiene and fire safety of the Premises. The CITY shall consider the nature and priority of the work and available funding to determine if and when such repairs and maintenance will be completed. 7.1.1 Landscape Maintenance. The CITY is responsible for all outdoor cleaning and landscape maintenance at the Premises. 7.1.2 Facility Maintenance. The CITY is responsible for all facility maintenance, including but not limited to, electrical, lighting, plumbing, pool chemicals, paint, flooring, HVAC systems, and heat and air conditioning. 7.1.3 Janitorial Maintenance. The CITY is responsible for all janitorial maintenance at the Premises, including but not limited to, routine cleaning of office, lobby, restrooms and locker rooms which includes waste removal, window cleaning, sweeping and Service Agreement Page 6 of 22 City of National City June 19, 2018 and EXOS 468 of 647 mopping floors, and dusting and wiping counters and surfaces. The CITY will also stock janitorial items such as toiletries and cleaning supplies in all bathrooms located at the Premises. The CITY has the sole discretion to determine the frequency of janitorial maintenance and the amount of janitorial items stocked at the Premises. 7.1.4 Information Technology. The CITY is responsible for providing internet access, telephones and support services. 7.2 EXOS Repair and Maintenance Obligations. EXOS shall operate the Premises in a manner that promotes the safety and security of the public while EXOS personnel is on the Premises. Safety and security issues must be reported to the designated CITY contact promptly and EXOS personnel will endeavor to protect the safety and security of the public until the CITY can address the safety and/or security issue. Except for normal wear and tear occurring in the ordinary course of business, EXOS agrees to repair or replace any damage or injury done to the Premises, or Personal Property, or any part thereof, caused by EXOS or EXOS'S agents or employees, at EXOS'S own cost and expense. If EXOS fails to make such repairs or replacements promptly, CITY may, at its option, make such repairs or replacements, and EXOS shall repay the cost thereof to the CITY within thirty (30) days of written demand. However, -for any repair work, costing over Five Hundred and no/100 Dollars ($500.00) to be performed by EXOS or EXOS's agents, EXOS shall not perform such repair work without the CITY's prior written consent. Any repairs or replacements in or to the Premises, other than repair work in emergency situations, which would require an expenditure exceeding Forty -Five Thousand and no/100 Dollars ($45,000.00) and which constitute a "public project" under Section 20161 of the California Public Contract Code, shall be contracted for/by CITY and let to bid pursuant to those procedures described in National City Municipal Code Chapter 2.62. 7.3 CITY Right to Inspect. EXOS shall permit the CITY to enter the Premises at all times to inspect the Premises, provided, however, that such entry shall not unreasonably interfere with EXOS'S operation of the Premises. Nothing contained in this Article 7, however, shall be construed as creating any duty on the part of the CITY to do any work which, under any provision of this Service Agreement, EXOS may be required to do. 7.4 Prevailing Wages. EXOS shall, pay prevailing wages if required by law for work performed on the Premises. ARTICLE 8 FEES AND PAYMENT TERMS 8.1 Fees. The CITY shall pay EXOS a monthly base management fee, actual payroll and staffing expenses, and marketing and administrative costs as set forth in the annual budget approved by the CITY. 8.1.1 Base Management Fee. As compensation for the Services, the CITY shall pay EXOS a monthly base management fee (the "Base Management Fee") for each month Service Agreement Page 7 of 22 City of National City June 19, 2018 and EXOS 469 of 647 beginning July 1, 2018 in the amount of $5,591 per month. The Base Management Fee shall increase to $6,468 during the 5 (five) months when the CITY provides the "Learn to Swim" classes to the National School District. Thereafter, the Base Management Fee shall increase by 5% at the beginning of each fiscal year. The Base Management Fee shall be invoiced on a monthly basis and shall be due thirty (30) days after receipt. 8.1.2 Payroll and Staffing Expenses. EXOS shall recruit, hire and employ, as employees of EXOS, all persons who will work at, or provide services at the Premises. Monthly payroll and staffing expenses are estimated as set forth in the annual budget approved by the CITY and will be charged to the CITY as an operating expense only to the extent such Managed Personnel are actually employees of EXOS. 8.1.3 Marketing and Administrative Costs. EXOS shall, provide such items as general administrative supplies and marketing materials necessary for the operation of the Premises. Monthly marketing and administrative costs are estimated as set forth in the annual budget approved by the CITY and the cost of the marketing materials and the administrative supplies shall be paid for by the City within thirty (30) days after receipt of an invoice setting forth the amount of such costs. 8.2 Payment Terms. At the end of each month during the Term, EXOS shall submit to the City an invoice for monthly operating expenses as agreed upon in the annual budget approved by the CITY. 8.2.1 Monthly Balance Payment. EXOS shall submit an invoice to the CITY after each month during which Services are rendered to the CITY. To the extent applicable, each invoice will reflect the monthly Base Management Fee, actual payroll and staffing expenses, and actual marketing and administrative costs, together with all amounts payable to EXOS, as set forth in the annual budget approved by the CITY. EXOS shall also submit to the City supporting documents for payroll and staffing expenses, and marketing and administrative costs. Supporting documents may be, but are not limited to, copies of payroll and receipts for purchases. 8.5 Revenue Collected by EXOS. Revenue collected by EXOS for its programing of open swim, learn to swim, aquatic exercise classes, adult masters swim program, lap swim, youth recreational and competitive swim program, and facility rentals will be collected and handled by EXOS and deposited with the CITY. EXOS shall submit cash and credit card receipts to the CITY two (2) times per week or at any time the amount of cash at the Premises exceeds $500.00. 8.6 Notwithstanding any other provision contained herein, in the event that CITY'S outstanding balance for fees and charges to EXOS is greater than ninety (90) days past due, EXOS will have the right to immediately and unilaterally terminate this Agreement. 8.7 The CITY shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state or local governmental entity on any amounts payable by the CITY hereunder. Service Agreement Page 8 of 22 City of National City June 19, 2018 and EXOS 470 of 647 ARTICLE 9 TAXES 9.1 Definition. "Taxes" shall mean all taxes, governmental bonds, special assessments, charges, or transfer taxes, license and transaction fees, including, but not limited to, (a) any state, local, federal income tax, or any real or personal property tax, (b) increases in taxes attributable to EXOS's operation of the Premises, or (c) any taxes which are essentially payments to a governmental agency, other than the CITY, for the right to make improvements to the Premises. EXOS recognizes and agrees that this agreement may create a possessory interest subject to property taxation and that EXOS may be subject to the payment of taxes levied on such interest. EXOS agrees to pay, before delinquency, all taxes, assessments and fees assessed or levied upon the Premises. 9.2 Responsibility for Payment of Taxes. The CITY shall not be obligated to pay any Taxes accruing against EXOS. ARTICLE 10 INDEMNIFICATION AND INSURANCE 10.1 EXOS's Indemnity. EXOS agrees to defend, indemnify and hold harmless the City of National City, its officers, 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 EXOS' performance or other obligations under this Service Agreement; provided, however, 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. The indemnity, defense, and hold harmless obligations contained in this Article 10 shall survive the termination of this Service Agreement for any alleged or actual omission, act, or negligence under this Service Agreement that occurred during the term of this Service Agreement. 10.2 Insurance. EXOS, at its sole cost and expense, shall purchase and maintain, and shall require its subcontractors, when applicable, to purchase and maintain throughout the term of this Service Agreement, the following checked insurance policies: A. ® If checked, Professional Liability Insurance (errors and omissions) with minimum limits of $1,000,000 per occurrence. B. Automobile Insurance covering all bodily injury and property damage incurred during the performance of this Agreement, with a minimum coverage of $1,000,000 combined single limit per accident. Such automobile insurance shall include non -owned, and hired vehicles. The policy shall name the CITY and its officers, agents and employees as additional insureds, and a separate additional insured endorsement shall be provided. C. Commercial General Liability Insurance, (CGL): Insurance Services Office Form CG 00 01 covering CGL on an "occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury, with Service Agreement Page 9 of 22 City of National City June 19, 2018 and EXOS 471 of 647 minimum limits of $5,000,000 per occurrence and $10,000,000 aggregate, covering all bodily injury and property damage arising out of its operations under this Service Agreement. The policy shall name the CITY and its officers, agents and employees 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 Commercial General Liability required by this Section must include Sexual Misconduct Liability coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 in the aggregate. For the avoidance of doubt, the CITY understands that part of the coverage limits hereunder shall be satisfied by EXOS's excess umbrella policy. EXOS represents to CITY that its excess umbrella policy does not exclude coverage for Sexual Misconduct Liability. D. Workers' Compensation Insurance in an amount sufficient to meet statutory requirements covering all of EXOS' 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 Service Agreement. If EXOS has no employees subject to the California Workers' Compensation and Labor laws, EXOS shall execute a Declaration to that effect. Said Declaration shall be provided to EXOS by CITY. E. The aforesaid policies shall constitute primary insurance, at least as broad as ISO CG 20 01 04 13, as to the CITY, its officers, employees, and volunteers, so that any other policies held by the CITY shall not contribute to any loss under said insurance. EXOS shall endeavor to provide for thirty (30) days, but in no event later than forty-five (45) days, prior written notice to the CITY's Risk Manager, at the address listed in Article 10.2(G) below, of cancellation or material change. F. If required insurance coverage is provided on a "claims made" rather than "occurrence" form, the EXOS shall maintain such insurance coverage for three years after expiration of the term (and any extensions) of this Service Agreement. In addition, the "retro" date must be on or before the date of this Service Agreement. G. The Certificate Holder for all policies of insurance required by this Article 10.2 shall be: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA 91950-4397 H. Insurance shall be written with only insurers authorized to conduct business in California that hold a current policy holder's alphabetic and financial size category rating of not less than A VIII according to the current Best's Key Rating Guide, or a company 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 Service 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 EXOS does not keep all of such insurance policies in full force and effect at all times during the terms of this Service Agreement, the CITY may Service Agreement Page 10 of 22 City of National City June 19, 2018 and EXOS 472 of 647 elect to treat the failure to maintain the requisite insurance as a breach of this Service Agreement and terminate the Service 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. CITY reserves the right to modify the insurance requirements of this Article 10.2, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. ARTICLE 11 TERMINATION 11.1 This Service Agreement may be terminated with or without cause by the CITY. Termination with or without cause shall be effected by delivery of written Notice of Termination to EXOS as provided for in this Service Agreement. Termination without cause shall be effective only upon 60-day's written notice to EXOS. EXOS shall perform all services in accordance with this Service Agreement during this 60-day period. This Service Agreement may also be terminated immediately, for cause, by the CITY in the event of: (a) a material breach of this Service Agreement; (b) a misrepresentation by EXOS in connection with the: 1. formation of this Service Agreement; 2. performance of services; 3. the failure to perform services as directed by the CITY; (c) the filing of a petition in bankruptcy affecting EXOS; (d) a reorganization of EXOS for the benefit of creditors; or (e) a business reorganization, change in business name or change in business status of EXOS. 11.2 This Service Agreement may be terminated by EXOS by notice to the CITY, at any time if: (a) the CITY becomes insolvent or admits its inability to pay its debts generally as they become due; (b) the CITY becomes subject, voluntarily or involuntarily, to any proceeding under any domestic or foreign bankruptcy or insolvency law, which is not fully stayed within seven (7) days or is not discussed or vacated within forty-five (45) days after filing; (c) the CITY is dissolved or liquidated or takes any action for such purpose; (d) the CITY makes a general assignment for the benefit of creditors; or (e) the CITY has a receiver, trustee, custodian or similar agent appointed by order of any court of competent jurisdiction to take charge of or sell any material portion of its property or business. Service Agreement Page 11 of 22 City of National City June 19, 2018 and EXOS 473 of 647 11.3 Within thirty (30) days of the termination of this Service Agreement, EXOS shall return to the CITY all property of the CITY, and EXOS shall remove from the Premises all property of EXOS at EXOS's sole cost and expense. ARTICLE 12 HAZARDOUS MATERIALS 12.1 Hazardous Materials Laws -Definition. As used in this Article, the term "Hazardous Materials' Laws" means any and all federal, state or local laws or ordinances, rules, decrees, orders, regulations or court decisions (including the so-called "common law") relating to hazardous substances, hazardous materials, hazardous waste, toxic substances, environmental conditions on, under, or about the Property, soil and ground water conditions, or other similar substances or conditions. The following legal authority is a non -exhaustive list of the legal authority that applies to the definition of the term "Hazardous Materials Laws": (a) the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended (42 U.S.C., Section 9601 et seq.) (b) the Hazardous Materials Transportation Act, as amended (49 U.S.C., Section 1801 et seq.), and (c) the Resource Conservation and Recovery Act of 1976, as amended (42 U.S.C., Section 6901 et seq.) 12.2 Hazardous Materials - Definition. As used in this Section the term "Hazardous Materials" means any chemical, compound, material, substance or other matter that: 12.2.1 is a flammable, explosive, asbestos, radioactive nuclear medicine, vaccine, bacteria, virus, hazardous waste, toxic, overtly injurious or potentially injurious material, whether injurious or potentially injurious by itself or in combination with other materials; 12.2.2 is controlled, referred to, designated in or governed by any Hazardous Materials Laws; 12.2.3 gives rise to any reporting, notice or publication requirements under any Hazardous Materials Laws, or 12.2.4 is any other material or substance giving rise to any liability, responsibility or duty upon the CITY or EXOS with respect to any third person under any Hazardous Materials Law. 12.3 EXOS Representations and Warranties. EXOS represents and warrants that, during the Term or any extension thereof, EXOS shall comply with the following provisions of this Section unless otherwise specifically approved in writing by CITY, subject to the terms and conditions of EXOS maintenance obligations provided elsewhere in this Service Agreement: Service Agreement Page 12 of 22 City of National City June 19, 2018 and EXOS 474 of 647 12.3.1 EXOS shall not cause or authorize any Hazardous Materials to be brought, kept or used in or about the Premises by EXOS, its agents, employees, assigns, contractors or invitees, except as required by EXOS's permitted use of the Premises in the normal course of operations; 12.3.2 Any handling, transportation, storage, treatment or usage by EXOS of Hazardous Materials that is to occur on the Premises following the Commencement Date shall be in compliance with all applicable Hazardous Materials Laws; 12.3.3 Any leaks, spills, release, discharge, emission or disposal of Hazardous Materials which may occur on the Premises following the Commencement Date shall be promptly reported in writing to CITY; 12.3.4 No friable asbestos shall be constructed, placed on, deposited, stored, disposed of, or located by EXOS in the Premises; 12.3.5 No underground improvements, including but not limited to treatment or storage tanks, or water, gas or oil wells shall be located by EXOS on the Premises without CITY's prior written consent; 12.3.6 EXOS shall promptly supply the CITY with copies of all notices, reports, correspondence, and submissions made by EXOS to the United States Environmental Protection Agency, the United Occupational Safety and Health Administration, and any other local, state or federal authority which requires submission of any information concerning environmental matters or hazardous wastes or substances pursuant to applicable Hazardous Materials' Laws with respect to the Premises; and 12.3.7 EXOS shall promptly notify the CITY of any liens threatened or attached against the Premises pursuant to any Hazardous Materials' Law. If such a lien is filed against the Premises, then, within the earlier of (a) twenty (20) days following such filing, or (b) before any governmental authority commences proceedings to sell the Premises pursuant to the lien, EXOS shall either: (a) pay the claim and remove the lien from the Premises, or (b) furnish either: (1) a bond or cash deposit reasonably satisfactory to the CITY in an amount not less than the claim from which the lien arises, or; (2) other security satisfactory to the CITY in an amount not less than that which is sufficient to discharge the claim from which the lien arises. Service Agreement Page 13 of 22 City of National City June 19, 2018 and EXOS 475 of 647 12.3.8 At the end of this Agreement, EXOS shall surrender the Premises to the CITY free of any and all Hazardous Materials and in compliance with all Hazardous Materials' Laws affecting the Premises. ARTICLE 13 ASSIGNMENT 13.1 CITY's Consent Required. EXOS shall not voluntarily or involuntarily assign or otherwise transfer all or any portion of its rights and duties under this Agreement without the CITY's prior written consent. Any attempted assignment or transfer without the CITY'S prior written consent shall be void. ARTICLE 14 DEFAULTS BY EXOS OR BY CITY; REMEDIES 14.1 Events of Default; Remedies. The following sub -articles shall apply if either EXOS or the CITY neglects, fails to perform, or fails to observe any of their respective obligations under the terms, covenants, or conditions contained in this Agreement ("Default"): 14.1.1 Thirty -Day Correction of Default. If either EXOS or the CITY determines that the other party is in Default, then the non -defaulting party must provide the defaulting party written notice of the Default and thirty (30) days to correct the Default. 14.1.2 Extended Correction of Default. If the defaulting party determines that more than thirty (30) days is required to correct the Default, the defaulting party must provide the other party written notice of the reasons why additional time is required to correct such Default. The defaulting party must use diligent efforts to correct a Default under this Article 14.1.2 and, in any case, must correct such Default within ninety (90) days from the date of the written notice of default. 14.1.3 Remedies for Failure to Correct Default. If the defaulting party fails to comply with Article 14.1.1 or 14.1.2, then the non -defaulting party may immediately terminate this Agreement. The defaulting party shall be liable to the non -defaulting party for any and all damages sustained by the non -defaulting party as a result of the defaulting parties' breach. ARTICLE 15 DAMAGE OR DESTRUCTION 15.1 CITY Duty to Repair Casualty. If the Premises is damaged by fire, earthquake, or any other identifiable event of a sudden, unexpected, or unusual nature ("Casualty"), the CITY may, in sole discretion, repair any damages to the Premises. The CITY may also repair, restore, and replace any damaged or destroyed Fixtures, Improvements or Personal Property in response to any Casualty loss. If the City does not repair any damage, and such damage renders the Premises inoperable, the City may terminate this agreement as provided in Article 11 (Termination). Service Agreement Page 14 of 22 City of National City June 19, 2018 and EXOS 476 of 647 Application of this Article 15 is subject to the terms and conditions of EXOS' maintenance obligations provided elsewhere in this Service Agreement. 15.2 No Abatement. In the event of reconstruction, replacement or repair, EXOS shall continue its operations on the Premises during any such period to the extent reasonably practicable from the standpoint of prudent business management, and in continuing compliance with applicable laws and regulations. EXOS shall not be entitled to any compensation or damages from the CITY for loss of use of the whole or any part of the Premises, EXOS's Personal Property, or any inconvenience or annoyance occasioned by such damage, reconstruction or replacement. 15.3 Major Destruction. Notwithstanding any of the foregoing provisions of this Article to the contrary, if, at any time after the Commencement Date, (a) the Improvements are damaged or destroyed to the extent of more than twenty-five percent (25%) of their replacement cost, or (b) the damage is such that the Improvements cannot be repaired and restored within one hundred and eighty (180) days after the Casualty, then EXOS shall have the right to terminate this Service Agreement upon thirty (30) day's prior written notice to CITY. ARTICLE 16 EMINENT DOMAIN 16.1 Condemnation. EXOS may terminate this Agreement within twenty (20) days after the date that a condemning authority (by a party other than the CITY) takes possession of the Premises by delivery of written notice of such condemnation if: (a) If all of the Premises is taken under eminent domain proceedings; or (b) Less than all of the Premises is taken under such eminent domain proceeding and the part taken substantially impairs the ability of EXOS to use the remainder of the Premises for the purposes permitted by this Agreement. In the absence of such written notice from a condemning authority, EXOS may terminate this Agreement within twenty (20) days after the condemning authority shall have taken possession. 16.2 Continuation of Service Agreement After Condemnation. If this Service Agreement is not terminated by EXOS, it shall remain in full force and effect as to any portion of the Premises remaining, and this Service Agreement will end as of the date possession of the part taken by the public entity as to the part of the Premises that is taken. 16.3 Award. All monies awarded in any condemnation shall belong to the CITY. The CITY shall have no liability to EXOS for any award not provided by the condemning authority. Service Agreement Page 15 of 22 City of National City June 19, 2018 and EXOS 477 of 647 ARTICLE 17 SALE OR MORTGAGE BY CITY 17.1 Sale or Mortgage. The CITY may, pursuant to existing and subsequently enacted CITY ordinances and State laws, at any time, and without the consent of EXOS, vacate, sell, purchase, exchange, transfer, assign, lease, encumber or convey the CITY's interest in whole or in part, in the Premises (collectively referred to in this Article as a "Sale"). CITY shall provide to EXOS written notice of CITY intent to a Sale pursuant to this Article at least ninety (90) days prior to said proposed transfer. 17.2 Release on Sale. From and after a Sale of the CITY's entire interest in the Premises, upon payment of all amounts due or owing to EXOS, the CITY shall be released from all liability to EXOS and EXOS successors and assigns arising from this Agreement because of any act, occurrence or omission of the CITY occurring after such Sale. ARTICLE 18 SUBORDINATION; ATTORNMENT 18.1 Subordination. This Service Agreement is and shall be junior, subject, and subordinate to: (a) any existing or future permits or approvals issued by the United States of America or any local, State or federal agency affecting the control or operation of the Premises. EXOS shall be bound by the terms and provisions of any such permit or approval. (b) all mortgages, deeds of trust, and other security instruments of any kind covering the Premises, or any portion thereof, as of the Commencement Date of this Service Agreement. This Article shall apply to the parties without the necessity of any other document being executed and delivered by EXOS. ARTICLE 19 CITY'S RIGHT OF ACCESS 19.1 Right of Entry. CITY, its agents, employees, and contractors may enter the Premises at any time, with or without notice to EXOS, to: (a) respond to health and safety concerns; (b) inspect the Premises and Improvements; (c) determine whether EXOS is complying with its obligations in this Agreement (including its obligations with respect to compliance with Hazardous Materials Laws); (d) post notices of non -responsibility or similar notices; (e) inspect the progress of construction of any improvement; (f) make repairs that this Agreement requires or allows CITY to make; or Service Agreement Page 16 of 22 City of National City June 19, 2018 and EXOS 478 of 647 (g) make repairs to any adjoining space or utility services, or make repairs, alterations, or improvements to any other portion of the Premises All work enumerated in this Article 19 must be done as promptly as reasonably possible and so as to cause as little interference to EXOS as reasonably possible. ARTICLE 20 NOTICES 20.1 Notices. Whenever in this Service Agreement it shall be required or permitted that notice or demand be given or served by either party to this Service Agreement to or on the other, such notice or demand shall be in writing, mailed or personally delivered to the other party at the addresses specified below. Mailed notices shall be sent by United States Postal Service, postage prepaid and shall be deemed to have been given, delivered and received three (3) business days after the date such notice or other communication is posted by the United States Postal Service. All other such notices or other communications shall be deemed given, delivered and received upon actual receipt. Either party may, by written notice delivered pursuant to this provision, at any time designate a different address to which notices shall be sent. CITY: City of National City Attention: Leslie Deese, City Manager City of National City 1243 National City Boulevard National City, CA 91950-4301 EXOS: EXOS Attention: Dan Burns, Chief Executive Officer and Cara Soffer 25 Hanover Road Building A, Suite 104 Florham Park, New Jersey 07932 ARTICLE 21 NONDISCRIMINATION 21.1 Nondiscrimination. EXOS hereby covenants by and for itself, its successors, assigns and all persons claiming under or through it, that this Service Agreement is made and accepted upon and subject to the condition that there shall be no discrimination against, or segregation of, any person or group of persons on account of race, age, color, creed, religion, sex, sexual orientation, marital status, national origin, physical handicap, medical condition, or ancestry in the use, operation, or enjoyment of the Premises. Service Agreement Page 17 of 22 City of National City June 19, 2018 and EXOS 479 of 647 ARTICLE 22 RECORDS, ACCOUNTS AND AUDITS 22.1 EXOS Duty to Keep Records. EXOS shall, at all times during the Term, and for a period of five (5) years following expiration or earlier termination of this Service Agreement, keep or cause to be kept, true and complete, in all material respects, books, records and accounts of all financial transactions in the operation of all business activities, of whatever nature, conducted pursuant to the rights granted by this Agreement. The books, records and accounts must be supported by source documents such as sales slips, cash register tapes, purchase invoices or other pertinent documents. 22.2 CITY's Right to Audit. The CITY shall have the right, no more than two (2) times per year, at any reasonable time, upon reasonable notice, to examine and perform audits of EXOS's records pertaining to its operations on the Premises. The cost of said audits shall be borne by the CITY, except that EXOS shall provide to the CITY, at EXOS's expense, necessary data to enable CITY to fully comply with each and every requirement of the State of California or by the United States of America ("Regulatory Authority") for information or reports relating to this Service Agreement and to EXOS's use of the Premises. Notwithstanding anything to the contrary in this Article, EXOS must permit an audit of the records described in this Article if the CITY is required to perform such an audit at the direction of a Regulatory Authority. ARTICLE 23 ADMINISTRATIVE PROVISIONS 23.1 Authority. EXOS represents and warrants that it has full power and authority to execute and fully perform its obligations under this Service Agreement pursuant to its governing instruments, without the need for any further action, and that the person executing this Service Agreement on behalf of EXOS is the duly designated agent of EXOS and is authorized to do so. 23.2 Captions. The captions and headings appearing in this Service Agreement are inserted for convenience only and in no way define, limit, construe, or describe the scope or intent of the provisions of this Service Agreement. 23.3 CITY Approval. Except where stated herein to the contrary, the phrases "CITY approval," and "CITY written approval" or such similar phrases shall mean approval of the City Manager or Deputy City Manager of National City or said person's representative as authorized by said person in writing. 23.4 Compliance with Laws. EXOS, at its sole expense, shall procure, maintain and hold available for the CITY's inspection, any governmental license or permit required for the proper and lawful conduct of EXOS operation of the Premises. The CITY shall pay all costs of the County of San Diego and the Department of Environmental Health to obtain any environmental health permits needed to operate a pool. EXOS shall not use the Premises for any use or purpose in violation of the laws of the United States of America, or the laws, ordinances, regulations, orders or requirements of the State of California, the County of San Diego, the CITY, or of other lawful authorities. EXOS shall, at its expense, comply promptly with all applicable statutes, Service Agreement Page 18 of 22 City of National City June 19, 2018 and EXOS 480 of 647 laws, ordinances, rules, regulations, orders, covenants and restrictions of record, and requirements in effect during the Tenn, regulating the use by EXOS of the Premises. 23.4.1 Cannabis Cultivation Prohibited. Notwithstanding any other provision in this Agreement, or in this Article 23, EXOS shall neither: (a) cultivate; (b) allow the cultivation of; (3) sell; nor (4) allow the sale of cannabis at the Premises. 23.5 Cumulative Remedies. In the event of a default under this Service Agreement, each party's remedies shall be limited to those remedies set forth in this Service Agreement. Any such remedies are cumulative and not exclusive of any other remedies under this Service Agreement to which the non -defaulting party may be entitled. 23.6 Entire Agreement. This Service Agreement, together with all addenda, exhibits and riders attached hereto, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior or contemporaneous agreements, understandings and representations, oral or written, are superseded. 23.7 Exhibits. All exhibits referred to herein are attached hereto and incorporated by reference: Exhibit A: Depiction of Las Palmas Pool 23.8 Force Majeure. If either party is prevented or delayed from performing any act or discharging any obligation hereunder, because of any and all causes beyond either party's reasonable control, including unusual delays in deliveries, abnormally adverse weather conditions, unavoidable casualties, strikes, labor disputes, inability to obtain labor, materials or equipment, acts of God, governmental restrictions, regulations or controls, any hostile government actions, civil commotion, acts of terrorism, and fire or other casualty, legal actions attacking the validity of this Service Agreement or the CITY or EXOS operations of the Premises, or any other casualties beyond the reasonable control of either party ("Force Majeure"), performance of such act shall be excused for the period of such delay, and the period for performance of such act shall be extended for a period equivalent to the period of such delay. Force Majeure shall not include any bankruptcy, insolvency, or other financial inability on the part of either party hereto. 23.9 Governing Law. This Service Agreement shall be governed, construed and enforced in accordance with the laws of the State of California. 23.10 Independent Contractor. EXOS acknowledges that it is an independent contractor; that it alone retains control of the manner of conducting its activities in furtherance of this Service Agreement; and that it, as well as any persons, contractors or agents it may employ, are not employees of CITY for any purpose. 23.11 Interpretation. The provisions of this Service Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Service Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. Service Agreement Page 19 of 22 City of National City June 19, 2018 and EXOS 481 of 647 23.13 Modification. The provisions of this Service Agreement may not be modified, except by a written amendment signed by both parties. 23.14 Partial Invalidity. If any provision of this Service Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Service Agreement shall not be affected thereby. Each provision shall be valid and enforceable to the fullest extent permitted by law. 23.15 Successors & Assigns. This Service Agreement shall be binding on and inure to the benefit of the parties and their successors and assigns, except as may otherwise be provided herein. EXOS shall not assign this Service Agreement to any other party unless approved in writing by CITY. 23.16 Time of Essence. Time is of the essence of each and every provision of this Service Agreement. 23.17 Waiver. No provision of this Service Agreement or the breach thereof shall be deemed waived, except by written consent of the party against whom the waiver is claimed. 23.18 Alcohol. Consumption of alcohol on the Premises is prohibited. IN WITNESS WHEREOF, the CITY and EXOS have duly executed this Service Agreement as of the day and year first above written. {Signature page to follow.} Service Agreement Page 20 of 22 City of National City June 19, 2018 and EXOS 482 of 647 CITY OF NATIONAL CITY (CITY) By: Ron Morrison, Mayor APPROVED AS TO FORM: Roberto M. Contreras Deputy City Attorney EXOS COMMUNITY SERVICES, LLC (EXOS), a New Jersey limited liability company (Corporation - signatures of two corporate officers required.) - By: /i7,1 (Name) (Print) reS6 (Title) III f)2(Arr,,-12__ By: Cone, (Name) Cara SU y (Print) AS cncl as vs2Jrc11 cow\s3A (Title) Service Agreement Page 21 of 22 City of National City June 19, 2018 and EXOS 483 of 647 Service Agreement June 19, 2018 EXHIBIT A DEPICTION OF THE PREMISES Page 22 of 22 City of National City and EXOS 484 of 647 '``l-' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD1YYYY) 6/1/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE HOLDER. THIS 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 INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Arthur J Gallagher NAME: Risk Management Services PHONE (A/c.No Ext): 617-261-6700 Fa No): 617-646-0400 470 Atlantic Avenue Boston MA 02210 , A ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Evanston Insurance Company 35378 INSURED ATHLPER-01 EXOS Works, Inc INSURER B : Sentry Insurance a Mutual Company 24988 EXOS Community Services, LLC INSURERC: Hartford Fire Insurance Company 19682 25 Hanover Road Florham Park INSURER D : Lloyd's Syndicate 2623 NJ 07932 INSURER E : INSURER F : rnvconccc -------------•..•...,., r.• vIoI I INUIPbtk: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF AMM/DD/YYYYL POLICY EXP (MM/DD/YYYY) LIMITS D X COMMERCIAL GENERAL LIABILITY Y Y W12EA0170601 9/1/2017 9/1/2018 EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE X OCCUR DAMAGE TO RENTED X PREMISES (Ea occurrence) $ 50,000 Professional Lia MED EXP (Any one person) $ 5,000 tncr-Claims Made PERSONAL & ADV INJURY 5 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO GENERAL AGGREGATE $ 5,000,000 P POLICY JECT X LOC PRODUCTS - COMP/OP AGG $ 1,000,000 OTHER: All Loc Agg $ 10,000,000 C AUTOMOBILE LIABILITY ANY AUTO Y 08UUNAZ1196 9/1/2017 9/1/2018 COMBINED SINGLE LIMIT (Ea accident) $ 1,000.000 OWNED SCHEDULED BODILY INJURY (Per person) $ X A AUTOS ONLY HIRED AUTOS NON -OWNED BODILY INJURY (Per accident) $ A AUTOS ONLY x _ AUTOS ONLY PROPERTY DAMAGE (Per accident) $ D UMBRELLA LAB X W12EA1170601 X OCCUR 9/1/2017 9/1/2018 EACH OCCURRENCE $ 4,000,000 EXCESS LIAR CLAIMS -MADE AGGREGATE $ 4,000,000 DED RETENT ON $ $ g WORKERS COMPENSATION Y 902025301 AND EMPLOYERS' LIABILITY Y / N 5/1/2018 5/1/2019 X PER STATUTE ER I I OTH- ANYPROPRIETOR/PARTNER/EXECUTI VE OFFICER/MEMBER EXCLUDED? N N / A E.L. EACH ACCIDENT $ 1,000,000 (Mandatory in NH( yes,d If yes, describe under E.L. DISEASE - EA EMPLOYEE 51,000,000 DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 A Second Excess Liability MKLV1EUE100236 D Sexual/Physical Misconduct WI2EA0170601 9/1/2017 9/1/2017 9/1/2018 9/1/2018 $10,000,000 $1,000,000/$2,000,000 eachdaim/a9er 9lagg DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITY and its officers, agents, and employees are included as additional insureds with respects to the General Liability and Automobile Liab lity Policies as required by written contract. A Waiver of Subrogation applies to the Workers' Compensation Policy pursuant to and subject to the policy's terms, definitions, conditions, and exclusions. Coverage is subject to policy terms and conditions. $4MM applies in excess of the underlying Sexual/Physical Misconduct Limits r CepTrr,r ATG IJAI r1GEN City of National City 1243 National City Boulevard National City CA 91950-4301 USA LLATION 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 © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 485 of 647 POLICY NUMBER: 08 UUN AZ1196 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: ATHLETES PERFORMANCE INC SEE FORM IH1204 Endorsement Effective Date: 0 5 / 24 / 18 SCHEDULE Name Of Person(s) Or Organization(s): CITY OF NATIONAL CITY AND ITS OFFICERS, AGENTS AND EMPLOYEES 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CA 91950-4301 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 486 of 647 Effective date of this Endorsement: 01-Sep-2017 This Endorsement is attached to and forms a part of Policy Number: W12EA0170601 Syndicate 2623/623 at Lloyd's referred to in this endorsement as either the "Insurer" or the "Underwriters" SCHEDULED ADDITIONAL INSURED WITH WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under the following: Miscellaneous Medical Professional Liability, General Liability, Advertising Liability, Products/Completed Operations Liability and Employee Benefits Liability Insurance Claims Made and Reported Insurance In consideration of the premium charged for the Policy, it is hereby understood and agreed that 1. Clause II. PERSONS INSURED is amended to include the Additional Insured Entity(ies) listed in Item H. below, for which the Insured has assumed such Entity's liability in a written contract or agreement (an "Additional Insured") that is also named in a Claim if all of the following conditions in Items A.-H. are met: A. The Claim against the Additional Insured seeks damages for which the Insured has assumed liability; B. This Policy applies to such liability assumed by the Insured; C. The obligation to defend the Additional Insured has also been assumed by the Insured in the same contract or agreement; D. The allegations in the Claim and the information known about the incident are such that no conflict appears to exist between the interests of the Insured and the interests of the Additional Insured; E. The Additional Insured and the Insured ask the Underwriters to conduct and control the defense of that Additional Insured against such Claim and agree that the Underwriters can assign the same counsel to defend the Insured and the Additional Insured; F. The Additional Insured agrees in writing to: i. Cooperate with the Underwriters in the investigation, settlement or defense of the Claim; ii. Immediately send the Underwriters copies of any demands, notices, summonses or legal papers received in connection with the Claim; iii. Notify any other insurer whose coverage is available to the Additional Insured; and iv. Cooperate with the Underwriters with respect to coordinating other applicable insurance available to the Additional Insured; and G. The Additional Insured provides the Underwriters with written authorization to: i. Obtain records and other information related to the Claim; and ii. Conduct and control the defense of the Additional Insured in such Claim. H. Additional Insured: Entity: The City of National City Location; The CITY owns the real property commonly known as Las Palmas Pool, located at 1800 E/ 22md Street, National City, California (the "Premises") as depicted on Exhibit A. E05875 032015 ed. Page 1 of 2 487 of 647 2. The Named Insured waives any right of recovery the Named Insured may have against any person or organization, where required by the Insured's written contract with the Additional Insured, because of payments made by the Named Insured for Damages and Claims Expenses arising out of the Named Insured's operations. All other terms and conditions of this Policy remain unchanged. E05875 032015 ed. Authorized Re resentative Page 2of2 488 of 647 SENTRY CASUALTY COMPANY Carrier Code No. 37877 WORKERS' COMPENSATION AND EMPLOYERS.LIABILITY INSURANCE POLICY POLICY NUMBER: 90-20253-01 00 181 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit any one not .named in the Schedule. Schedule "ALL WRITTEN CONTRACTS PROVIDED SUCH CONTRACT WAS MADE PRIOR TO LOSS" WC 00 03 13 •(Ed. 04-84) Copyright 1983 National Council on Compensation Insurance. ATH 90-20253-01 00 181 05-02-18 . PAGE 001 ATHLETES PERFORMANCE INC OITIBORG 489 of 647 01134 CC/CDC-HA Agenda 6/19/2018 — Page 490 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving and adopting the annual appropriation limit for Fiscal Year 2019. (Finance) 490 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving and adopting the annual appropriations limit for fiscal year 2019 in the amount of $62,074,254 PREPARED BY: Yen Kelly, Budget Analyst DEPARTMENT: Finance PHONE: 619-336-4332 APPROVED BY: EXPLANATION: State law requires the governing body of each local jurisdiction to establish its annual appropriations limit, also known as the "Gann Limit," by resolution each year. The annual appropriations limit sets a cap on the amount of local government spending which may be financed from tax proceeds. The appropriations limit is calculated by multiplying the previous year's appropriations limit by the percentage change in the population of the local jurisdiction's county and the percentage change in the California per capita cost of living. Based on information provided by the State Department of Finance, the following percentage changes are used in establishing the fiscal year 2019 appropriations limit: California per capita cost of living change 3.67% Change in San Diego County population 0.95% FINANCIAL STATEMENT: ACCOUNT NO. Appropriations limit of $62,074,254 APPROVED: ` 4,44 Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve and adopt the resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Annual Appropriations Limit — Fiscal Year 2019 calculation worksheet 2. Resolution 491 of 647 Resolution No. June 19, 2018 City of National City Annual Appropriations Limit Fiscal Year 2019 Attachment 1 A. Fiscal Year 2018 Appropriations Limit $ 59,313,300 California Per Capita Cost of Living Change converted to a ratio *** 1.0367 Limit Sub -Total 61,490,098 San Diego County Population Change converted to a ratio *** 1.0095 Fiscal Year 2019 Appropriations Limit $ 62,074,254 Gann Limit Recap Total City Appropriations $ 86,513,253 Less: Non -Tax Proceeds 38,511,426 Estimated Appropriations Subject to the Limit $ 48,001,827 Fiscal Year 2019 Appropriations Limit 62,074,254 Amount of Appropriations Below the Limit $ 14,072,426.81 Source - State of California, Department of Finance http://www.dof.ca.gov/budgeting/ 6/13/2018 1 of 1 492 of 647 Appropns Limit CC/CDC-HA Agenda 6/19/2018 — Page 493 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2019. (Finance) 493 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2019. PREPARED BY: Yen Kelly, Budget Analyst PHONE: 619-336-4332 EXPLANATION: See attached staff report. DEPARTMENT: Finance APPROVED BY: 1 FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: `% r Finance APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the City of National City Fiscal Year 2019 Proposed Budget, as presented. BOARD ! COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. Resolution 494 of 647 CALIFORNIA NATIONAL CIS ri INCORPORATED City Council Staff Report June 19, 2018 ITEM Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2019. BACKGROUND After a series of internal staff meetings and City Council workshops, staff presents for adoption the Fiscal Year 2019 Proposed Budget for the City of National City. Preparation of the City's budget is a multi -step process, occurring over several months. Development of the fiscal year 2019 capital budget began in November 2017 with meetings of the City's CIP (Capital Improvements Program) Committee, to discuss prioritization of capital projects and vehicle fleet needs. Development of the City's operating budget began in December 2017 with direction to City departments to review their current fiscal year budgets and expenditures and to submit appropriation requests by mid -February 2018. Finance staff met with representatives from each department in March 2018 to review operating budget requests. Finance staff then met with the City Manager in April to finalize the preliminary budget. FISCAL YEAR BUDGET A workshop to present the preliminary budget was held on May 8, 2018. During the workshop, staff provided the Council with the Fiscal Year 2019 Preliminary Budget, highlighting drivers of variances between the adopted fiscal year 2018 appropriations and revenue projections and preliminary fiscal year 2019 estimates. As presented, the preliminary budget required the use of General Fund unassigned fund balance of $6,068,964, of which $5,068,964 was attributed to ongoing operations (a "structural" deficit) and $1,000,000 for capital improvements. In addition, it recommended the use of $400,000 from the Facilities Maintenance Reserve for Tier 1 (urgent) capital projects at the Las Palmas Pool and Camacho Recreation Center. At that meeting, staff recommended the reduction or elimination of various appropriation requests which, if approved, would reduce the use of unassigned fund balance and the overall deficit by up to $1,320,400, including a reduction of approximately $400,000 from the preliminary General Fund Maintenance & Operations ("M&O") appropriations. Council expressed general support for the staff -identified potential deficit reduction measures and discussed an additional appropriation elimination. On May 29, a second workshop was held to provide the Council with an update on the potential reductions to the M&O appropriations as well as to seek formal direction from the Council regarding the changes to be made to the preliminary budget. The Council approved the staff - identified deficit reduction measures as well the elimination of the City's contribution to the National City Chamber of Commerce. 495 of 647 Page 2 Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2019. June 19, 2018 Having incorporated the Council -authorized changes, as well as adjustments, corrections, and other refinements deemed necessary (see table below for changes), staff now presents the City of National City Fiscal Year 2019 Proposed Budget for adoption. The proposed budget estimates General Fund revenues and transfers -in totaling $54,614,382 and recommends General Fund expenditures and transfers out totaling $59,270,351. The proposed budget estimates overall revenues and transfers in totaling $95,624,282 and recommends overall expenditures and transfers out totaling $101,899,419. Budget Adjustments & Refinements General Fund Expenditures & Transfers Out — Increase/(Decrease) M&O Reductions $ (432,576) Aquatic Center Management (380,000) Security Camera Replacement (100,000) Chamber of Commerce Support (50,000) Internal Service Fund Charges (156,957) Nutrition Center Support (382,101) Library Fund Operating Subsidy (38,670) Parks Maintenance Operating Subsidy (27,225) Housing Choice Voucher Program Support (58,285) Adjustments, corrections, & refinements (5,591) Total Changes: Expenditures & Transfers -Out — Increase/(Decrease) $ (1,631,405) Revenues & Transfers In — Increase/(Decrease) Sales and District Taxes $ (138,016) Successor Agency Residual Balance 300,000 Successor Agency Pass -through payments 25,000 Adjustments, corrections, & refinements (5,394) Total Changes: Revenues & Transfers -In — Increase/(Decrease) 181,590 Net Increase/(Decrease) in Use of GF Fund Balance $ (1,812,995) Other Funds Expenditures & Transfers Out — Increase/(Decrease) M&O Reductions $ (182,585) Internal Service Fund Charges (20,966) 496 of 647 Page 3 Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2019. June 19, 2018 Security Camera Replacement in IT ISF (companion to reduction in General Fund) (100,000) Adjustments, corrections, & refinements (27,234) Total Other Funds Expenditures & Transfers Out Changes $ (330,785) Revenues & Transfers In — Increase/(Decrease) Nutrition Center Revenue (replaces transfer -in from General Fund) $ 375,250 Internal Service Funds Revenues (reduced charges to departments) (277,964) Nutrition Center Transfer -In (offset by revenue increase) (382,101) Housing Choice Voucher Program Transfer -In (revised costs) (58,285) Library and Parks Transfers -in (reduced requirements) (45,684) Adjustments, corrections, & refinements (687) Total Other Funds Revenues & Transfers In Changes $ (389,471) FINANCIAL STATEMENT The estimated change in the unassigned fund balance of the General Fund expected as the result of the projected revenues, expenditures, and transfers reflected in the proposed budget for fiscal year 2019 is a decrease of $4,255,969, which is a $1,812,995 improvement over the preliminary budget. This use of unassigned fund balance includes $1,100,000 for capital spending and $3,155,969 to support operational costs and is $211,569 less than the amount used to balance the fiscal year 2018 budget. Unchanged from the Preliminary Budget is the proposed use of $400,000 from the Facilities Maintenance Reserve (committed fund balance) for Tier 1 capital projects. The need to use fund balance as a funding source results primarily from ongoing revenues not keeping pace with growth in personnel costs, the most significant portion of the City's budget. General Fund unassigned fund balance is projected to end the current fiscal year 2018 at approximately $8.0 million. The use of fund balance estimated for fiscal year 2019 will reduce unassigned fund balance to approximately $3.7 million. RECOMMENDATIONS Adopt the City of National City Fiscal Year 2019 Proposed Budget, as presented. ATTACHMENTS Resolution 497 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 498 The following page(s) contain the backup material for Agenda Item: Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at Sweetwater High School located at 2900 Highland Avenue. (Applicant: Plancom, Inc. for Verizon Wireless) (Case File 2015-17 CUP) (Planni 498 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: (June 19, 2018 1 AGENDA ITEM NO. ( ITEM TITLE (Notice of Decision — Planning Commission approval of a Conditional Use Permit for a Wireless Communications Facility at Sweetwater High School located at 2900 Highland Avenue. (Applicant: Plancom, Inc. for Verizon Wireless) (Case File 2015-17 CUP)' PREPARED BY (Martin Reeder, AICP( e.' `.: DEPARTMENT: PHONE: 1336-4313 1 APPROVED BY: EXPLANATION: (`Jerizon Wireless has applied for a CUP to install a wireless telecommunications facility, consisting of 12 antennas and associated operating equipment, on the campus of Sweetwater Union High School. The facility would be mounted on and next to a replacement light pole adjacent to the school's football field and running track. The Planning Commission conducted a public hearing on May 7, 2018. The Commissioners asked questions regarding facility operations and financial impacts. 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. 1 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: (Staff concurs with the decision of the Planning Commission and recommends that the Notice of Decision be filed. I BOARD / COMMISSION RECOMMENDATION: (The Planning Commission approved the Conditional Use Permit. Ayes: Baca, DelaPaz, Flores, Sendt, Quintero, Yamane Absent: Garcia ( ATTACHMENTS: �1. Overhead 3. Resolution No. 2018-09 (a) 2. Planning Commission Staff Report 4. Reduced Plans 499 of 647 2015/17 CUP - 2900 Highland Avenue — Overhead ATTACHMENT 1 500 of 647 Title: Item no. 3 May 7, 2018 CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD. , NATIONAL CITY, CA 91950 PLANNING COMMISSION STAFF REPORT CONTINUED PUBLIC HEARING - - CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT SWEETWATER HIGH SCHOOL LOCATED AT 2900 HIGHLAND AVENUE. Case File No.. 2015-17 CUP Location: Sweetwater High School Assessor's Parcel No.: 556-200-02 Staff report by: Martin Reeder, AICP - Acting Planning Director Applicant: Plancom, Inc. for Verizon Wireless Zoning designation: I - Institutional Adjacent land use/zoning: North: Small Lot Residential and Olivewood Elementary School / RS- 2 and I respectively East: Mobil Gas Station across Highland Avenue / MXC-2 South: Single and two-family residential across 30th Street / MXC-1 West: Small Lot Residential across D Avenue / RS-2 Environmental review: Categorically Exempt pursuant to Class 3 Section 15303 (New Construction or Conversion of small structures) Staff recommendation: Approve ATTACHMENT 2 501 of 647 Planning Commission Meeting of May 7, 2018 Page 2 BACKGROUND Staff Recommendation Staff is recommending approval of the Conditional Use Permit (CUP) for the wireless communications facility. While there are other design solutions possible, the facility does somewhat blend in with nearby development (other utiiity/light poles). The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. Executive Summary Verizon Wireless has applied for a CUP to install a wireless telecommunications facility, consisting of 12 antennas and associated operating equipment, on the campus of Sweetwater Union High School. The facility would be mounted on and next to a replacement light pole adjacent to the school's football field and running track. Previous Action The Planning Commission held a public hearing on this item at their regularly scheduled meeting of November 2, 2015. Commissioners discussed the aesthetics of the proposed facility including light poles, the equipment shelter, graffiti maintenance, and the aesthetics of the existing school buildings. Commissioners suggested a redesign of the project including a shelter that more closely resembled nearby school buildings (e.g. gymnasium), and potential screening of the proposed antennas. The item was continued to the meetings of December 7, 2015, January 25, 2016, February 18, 2016, March 7, 2016, and to tonight's hearing. The requested continuances were because the applicant was continuing to work with the school on a new design. The item was ultimately continued off calendar due to changes in staffing of the company submitting the application and the vendor. Since the project was last reviewed, the vendor (Verizon) and project applicant have changed. Proiect location The project location is on the west portion of the Sweetwater Union High School campus, adjacent to the east side of the running track / football field, and south of the basketball courts. The overall school property is 28 acres in size and in the Institutional (I) zone. 502 of 647 Planning Commission Meeting of May 7, 2018 Page 3 There is no vegetation in the area with the exception of the football field, and the baseball fields to the north. Proposed Use The applicant is proposing to install 12 panel antennas on a replacement 70-foot tall field light (same height as existing Tight pole). The antennas would each be eight feet high and mounted in two groups of six. Additional antenna operating equipment, such as remote radio units and GPS antennas would be mounted below the primary antennas. This subsequent equipment would be covered by a six-foot diameter shroud painted to match the light pole. The shroud would be 12 feet tall. The associated equipment will be within a 12-foot high, 18-foot by 11 -foot equipment enclosure, which would house both the operating equipment and a backup generator (the original proposal had these two items separate). The enclosure would be constructed of tan colored split -face block and feature a pitched roof. The block matches the nearby gymnasium building. Analysis Telecommunication facilities are addressed in the Land Use Code in National City Municipal Code section 18.30.220. The purpose of the code section is to "provide a uniform and comprehensive set of standards for the development, siting, and installation of wireless telecommunications facilities . . . to preserve community character and protect aesthetic quality ..." Design guidelines for telecommunications facilities are outlined in the Land Use Code in National City Municipal Code section 18.30.220(B)(2). The guidelines require, to the greatest extent possible, that such facilities "be sensitively designed and located to be compatible with and minimize visual impacts to surrounding areas, including public property." The design guidelines detail the various factors which affect aesthetics and neighborhood character. Whether the wireless facility meets the guidelines is the decision to be made by the Planning Commission by either approving or denying the permit. Specific design guidelines are as follows: a. Innovative design solutions that minimize visual impacts should be utilized; stealth solutions where facilities are not detectable are especially encouraged. 503 of 647 Planning Commission Meeting of May 7, 2018 Page 4 b. Telecommunication facilities shall be as small as possib ie and the minimum height necessary without compromising reasonable recepticn or transmission. c. Antennas and their support structures should be located on the rear half of property or structures when reasonable transmission and/or reception would not be impaired and when visual impacts would be reduced, tut `ess no other feasible alternative location exists. d. Telecommunication facilities and appurtenances should not be situated between the primary building on the parcel and any public or private street adjoining the parcel. e. Telecommunication facilities should be located and designed to avoid blocking and/or substantially altering scenic views. f. Building mounted telecommunication facilities are encouraged rather than telecommunication towers. g. Building mounted telecommunication facilities should be integrated with existing structures. h. Telecorrtmunlcation facilities should be designed and painted a color that blends with the surrounding natural or manmade features. i. Telecommunication facilities and appurtenances shall be screened by existing and/or proposed structures and landscaped to the extent possible without compromising reception and/or transmission. The design of f ;ncing, landscaping and other screening for telecommmicatinn facilities shall be integrate and compatible with surrounding improvements. k. Multiple telecommunication facilities of reduced heights are encouraged to cover a service area where the visual impacts would be Tess than a single larger and more visually obtrusive tower. I. Co -location of commercial telecommunication towers and the use of the same site by multiple carriers is encouraged where feasible and found to be desirable. m. Monopoles or guyed/lattice towers are discouraged except where satisfactory evidence is provided demonstrating that a self-supporting tower is needed to provide the height and/or capacity necessary for the proposed facility and visual impacts would be minimized (project is a monopole, but replaces an existing light pole). n. Ali utility lines serving the facility shall be under -grounded. 504 of 647 Planning Commission Meeting of May 7, 2018 Page 5 o. Each commercial telecommunication facility shall be installed in a manner that will maintain and enhance existing native vegetation. Suitable landscaping to screen the facility shall also be installed where necessary. p. All major commercial telecommunication facilities, other than government owned facilities, shall be prohibited in residential zones. q. All major commercial telecommunication facilities shall be located at least 75 feet from any habitable structure, except for a habitable structure on the property in which the facility is located. The proposed facility is generally consistent with and generally meets all of the design guidelines outlined in the Land Use Code. The only divergence from the guidelines is that the antennas are not technically screened from view. Although they are attached to an existing utility pole and would be painted to match the pole, the antennas protrude from the pole approximately three feet. Flush -mounting the antennas would be a more aesthetically -pleasing solution. However, due to technological limitations (e.g., bulk of mounting hardware, tilt of antennas, required spacing between antennas), the applicant has stated that this is not possible. Another option would be mounting the antennas in multiple locations (more than one light pole); however, the applicant has stated that the school is not in favor of a multiple -location design. The proposed facility design has been used on another Sweetwater Union High School District campus (Castle Park High School in Chula Vista). The design guidelines also discourage the use of monopoles, which the proposed facility could be considered. However, the pole in this location is existing and would be replaced in kind with the antennas mounted upon it. In addition, the pole functions as a light standard as its primary purpose. Not much change in aesthetics would happen as a result of the proposal, with the exception of the antennas themselves. The proposed facility is designed to address an area of weak service in the Verizon Wireless network. There are no other Verizon co -location opportunities in this area. The nearest facility is a Sprint installation located at Sweetwater Square Shopping Center (El Super, Peter Piper Pizza, et al). However, the facility is not large enough to accommodate another facility. The antennas for the subject project would provide coverage to the northeast, southeast, and west, which encompasses the area between East 24th Street south to State Route 54, and between National City Blvd. and Highland Avenue. 505 of 647 Planning Commission Meeting of May 7, 2018 Page 6 Summary of Laws Regarding Wireless Telecommunications Facilities There have been recent discussions, both at the Planning Commas sion and City Council level, related to what factors may be permissibly considered i making a decision regarding wireless facilities and the law that governs. The factors which may be considered under the Municipal Code are referenced and listed above. The following provides a brief overview of the federal and state law governing wireless facilities. A. Federal Telecommunications Act Generally, the Federal Telecommunications Act of 1996 (the "Act") sets forth the requirement that telecommunications services have a duty to develop competition within markets. Accordingly, cities have been preempted from adopting any barriers to the development of telecommunications facilities. Cities do retain authority to regulate the placement, construction, and modification of wireless telecommunications facilities, subject to limitations. Importantly, a city can deny a cell tower/wireless facility for "adverse aesthetic impacts" under the Act as long as: 1) the city finds, based on substantial evidence, adverse aesthetic impacts; and, 2) establishes that denial will not constitute a prohibition on the provision of wireless services. Overall, the Act has numerous limitations and/or requirements applicable to a city's review of a wireless facility. The limitations and/or requirements are summarized below: 1) Decision must be made within a reasonable time; 2) Decision to deny a facility must be in writing; 3) Decision to deny must be supported by substantial evidence (ie: the decision must be authorized by local regulation and supported by substantial evidence); 4) Decision to deny cannot be based on or regulate radio frequency emissions (when the facility complies with the Federal Communications Commission RF emissions regulations); 506 of 647 Planning Commission Meeting of May 7, 2018 Page 7 5) Cannot discriminate amongst providers of functionally equivalent services (however, treatment based on zoning standards such as preserving neighborhood character and avoiding aesthetic blight are permissible); and 6} Decision cannot have the effect of prohibiting wireless service (cannot prevent a provider from closing a significant coverage gap). B. Govemment Code Sections 65850.6 and 65964 (State Law) In regard to wireless facilities, Section 65850.6 is limited to and specifically addresses collocation facilities. Section 65850.6 does allow cities to retain discretionary authority over wireless facilities that will include future collocation facilities, but removes discretionary authority over facilities mounted to already existing facilities. Thus, discretionary permits for wireless telecommunications collocation facilities, once approved, will allow additional facilities to be mounted to those already approved facilities without additional discretionary review. Under Section 65850.6, a wireless telecommunication collocation facility can be subject to a discretionary permit and must also comply with the following: 1. City requirements that specify the types of facilities allowed to include a collocation facility; 2. City requirements that specify the types of facilities allowed to include certain types of collocation facilities; 3. Height, location, bull[, and size of the facility; 4. Percentage of the facility that can be occupied by collocation facilities; 5. Aesthetic and design requirements for facilities; 6. City requirements for a proposed facility; 7. Compliance with state and local requirements, including the general plan, applicable specific plan, and zoning ordinances; and, 8. Compliance with the California Environmental Quality Act (CEQA). Section 65964 applies more broadly to all wireless telecommunications facilities and sets limitations on the ability to impose conditions of approval. 507 of 647 Planning Commission Meeting of May 7, 2018 Page 8 Under Section 65964, a city cannot require any of the fo;owing as a condition of approval: 1. An escrow deposit .for removal of a wireless ?Facility or component (performance bond or other surety is allowed); 2. Unreasonable limits on the duration of the permit (limits of less than 10 years are presumed unreasonable absent public safety reasons or substantial land use reasons); and, 3. Limiting facilities to sites owned by particu€ar parties within the city's jurisdiction (e.g., requiring facilities only on city owned property). Reauired 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 institutional zone pursuant to a Conditional Use Permit, and the proposed facility generally meets the required design guidelines in the Land Use Code, as discussed in the staff report. 2. The proposed use is consistent with the General Plan and any applicable specific plan. General Plan Policy E-3.3 encourages access to wireless i iternet connections, computers, and other forms of communication technology; the proposed telecommunications facility provides internet/cellular data as well as standard cellphone service capability. In addition, the proposed facility is a conditionally -permitted use in institutional zone. 3. The design, iocation, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. 508 of 647 Planning Commission Meeting of May 7, 2018 Page 9 The proposed antennas and associated equipment are to be incorporated onto an existing utility fixture (light pole). The accessory structure would be placed in an area of other accessory structures and would be designed to match the nearby school gymnasium. The applicant has stated that only one maintenance trip is expected every 4-6 weeks. Periodic maintenance would include running the emergency backup generator for 15 minutes on an approximate monthly basis. The generator is proposed within a block enclosure; therefore, noise is not expected to be a factor. 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 accessory structure that would enclose the equipment would be in a location where other similar structures exist. The area is not used for anything other than general pedestrian circulation, which would be maintained. Therefore, the proposal will not affect parking or access to the property. The proposed facility is unmanned and requires only one to two visits each month for routine maintenance. These vehicle trips would have a negligible effect on the adjacent developed streets. 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 facility will not be highly visible to the observer, because the antennas will be placed upon a light pole in an area with several other light poles. Exhibit B- revised shows the proposed facility in a photo simulation. The antennas would be similar to the light fixtures atop the Tight pole, so would not be much different from the other area utilities. The equipment would appear like any other accessory structure in the area. Because the subject facility would be higher than all buildings adjacent in the area, the antennas would have clear reception and transmission to the northeast, southeast, and west. Nearby land uses in these directions are residential and educational respectively. However, the antennas are positioned in such a way as to be directed above any nearby sensitive uses. Although there are such land uses in the vicinity, it should be mentioned that, per the 1996 Telecommunications Act, "no State or 509 of 647 Planning Commission Meeting of May 7, 2018 Page 10 local government or instrumentality thereof may regulate the placement, construction, and modification of personal wireless service facilities on the basis of the environmental effects of radio frequency emissions to the extent that such faci. i ities comply with the Commission's regulations concerning such emissions." It should also be pointed out that if approved by a local jurisdiction, ail wireless communications facilities must obtain all required state and federal permits in order to operate. A Cond `tion of Approval (No. 6) is included requiring these permits. 6. The proposed project has been reviewed in compliance with CEQA. Staff has determined that the proposed use is categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit. The reason for the exemption is that the antennas would be mounted on an existing light pole (which is being replaced in kind) and the accessory buildings are small in nature, thus not affecting access to the area. As mentioned above, a different design such as flush -mounting the antennas or utilizing more than one light pole would be a more aesthetically -pleasing solution. Although the applicant has stated that the school is not in favor of a multiple sign design, findings for denial have been included based on potential visual impacts due to the protrusion of the antennas from the Tight pole. Department comments Comments were received from the Fire Department and require compliance with the California Fire Code and National Fire Protection Association codes. Standard Conditions of Approval for wireless facilities are also included, requiring compliance with applicable codes, all necessary state/local/federal permits, and that any external equipment is painted to match the surface on which it is mounted. A condition is also included to require removal of graffiti should it occur. Summary The proposed project is consistent with the Land Use Code in that it generally meets all applicable design requirements for wireless communication facilities. The project is considered 'stealth' in that it blends in with nearby development (other utility/light poles). 510 of 647 Planning Commission Meeting of May 7, 2018 Page 11 The antennas would not be highly visible and the operating equipment would be completely screened from view. The facility could be redesigned to reduce the visual impact of the antennas further, although the applicant has stated that the property owner is not in favor of this option. The new facility will help to provide coverage in an area with limited service and provide additional reception for Verizon Wireless customers. The purpose of tonight's hearing is to discuss the merits of the project and to make a decision based on the attached findings for approval or denial, or based on findings to be made by the Planning Commission. The recommendation of the Planning Commission will go to the City Council as a Notice of Decision. Staff is recommending approval of the CUP. OPTIONS 1. Approve 2015-17 CUP subject to the attached conditions, and based on attached findings or other findings as determined by the Planning Commission; or 2. Deny 2015-17 CUP based on attached findings or other findings as determined by the Planning Commission; or, 3. Continue the item for additional information 511 of 647 Planning Commission Meeting of May 7, 2018 Page 12 ATTACHMENTS 1. Recommended Findings 2. Recommended Conditions 3. Overhead 4. Existing Wireless Facilities Map 5. Coverage Maps 6. Public Hearing Notice (Sent to 129 property owners) 7. Notice of Exemption 8. Applicant's Plans (Exhibits A -revised and B-revised, Case File No. 2015-17 CUP, dated 2/27/2018 and 4/4/2018 respectively) 9. Resolutions MARTIN REEDER, AICP Acting Planning Director 512 of 647 RECOMMENDED FINDINGS FOR APPROVAL 2015-17 CUP — 2900 Highland Avenue 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 use is conditionally -allowed within the Institutional zone, and because the proposed facility generally meets the required design guidelines in the Land Use Code, as discussed in the staff report. 2. That the proposed use is consistent with the General Plan and any applicable specific plans, because Policy E-3.3 of the General Plan is to increase access to wireless internet connections, computers, and other forms of communication technology, and because no Specific Plans exist in this 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, because the proposed antennas and associated equipment are to be incorporated onto an existing utility fixture (light pole), and the accessory structure would be placed in an area of other accessory structures, thus not affecting pedestrian access or circulation. 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, because the proposed accessory structures that would enclose the equipment would be in a location where other similar structures exist, because the area is not used for anything other than general pedestrian circulation, which would be maintained. Furthermore, the proposed facility is unmanned and requires only one to two visits each month for routine maintenance, which would have a negligible effect on the adjacent developed streets. 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 facility will not be highly visible to the observer, as the antennas will be placed upon a light pole in an area with several other light poles, and because the equipment would appear like any other accessory structure in the area. 513 of 647 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined th e proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be fled subsequent to approval of this Conditional Use Permit; the antennas would be mounted on an existing Tight pole and th a accessory buildings are smali in nature, thus not affecting access to the area. RECOMMENDED FINDINGS FOR DENIAL 2015-17 CUP — 2900 Highland Avenue 1. That the design, location, size, and operating characteristics of the proposes activity would not be compatible with the existing and future and uses in the vicinity, because the antennas would protrude almost four feet from the light pole, making the facility more visible to the casual observer and potentially resulting in a negative visual irnpect on area uses, which is not consistent with design guidelines for wireless telecommunications facilities §18.30.220 (B)(2)(i). 2. That 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 subject facility would be more visible on a single light pole than on multiple light poles, the latter case being less of a negative visual impact on area uses, iiivhich is not consistent with design guidelines for wireless telecommunications facilities §18.30.220 (B)(2)(i) & (k). 3. That although the coverage for Verizon Wireless facilities is Eels than optimal in the subject area, no significant gap in service exists; denial of the Conditional Use Permit would not result in a prohibition of service. 514 of 647 RECOMMENDED CONDITIONS OF APPROVAL 2015-17 CUP — 2900 Highland Avenue General 1. This Conditional Use Permit authorizes a wireless communications facility at 2900 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B-revised, Case File No. 2015-17 CUP, dated 2/27/2018 and 4/4/2018 respectively). Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 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 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 City Manager or assign prior to recordation. 3. 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. 4. 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. Building 5. Plans submitted for demolition or construction improvements must comply with the 2016 editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 6. If applicable for development on private property, call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. 515 of 647 Fire 7. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Association (NFPA. Planning 8. All appropriate and required local, state and/or federal permits must be obtained prior to operation of the wireless communications facility. 9. All exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be painted to match the surface on which it is mounted. 10. The accessory building used to house operating equipment shall b e colored and textured to match the nearby gymnasium. 11. The permittee shall not object to co -locating additional facilities of other communication companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the perm!tted use. In the event a dispute arises with regard to co -locating with other existing or potential users, the City may require a third party technical study at the expense of either or both the applicant and the complaining user. This condition in no way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 12. The applicant or operator shall be responsible for the removal and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 13. Exterior walls of buildings/poles to a height of not Tess than six feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 72 hours of its observance. 516 of 647 Fee 1,375 2,750 5,500 53 r 616 A, 37 0 Wireless facilities in National City A Wireless facilities in unincorporated area Wireless Communication Facilities National City Planning Department 2012 517 of 647 FACILITY APN LOCATQON PROVIDER FILE NO 1 562-340-44 2434 Southport Urban Comm Rad CUP-1992-11 Radio communication facility (microwave transmitter)- 80-foot tall tower and 8-foot in diameter dish antenna 2 562 340 26 300 W 2.Ih AirTouch CDC Reso 94-28 75-foot monopole with three sector antennas and 450-sa foot eauipment buildina. 562-340-26 300 W 28th Nextel CUP-2003-30 12 antennae on existing communications tower and a 270 square foot equipment enclosure adiacent to existing equipment 4 559-032-02 1215 Wilson Pac BeII CUP-1995-11 Located on roof of existina building. PCS facility- six roof -mounted antennas and two ground -mounted equipment boxes. 5 557-410-03 1645 E Plaza Pac Bell CUP-1995-13 Located on roof of Quality Inn. PCSiacility- sixpanel antennas and equipment cabinet. 6' 555-086-11 910 Hoover AirTouch CUP-1995-18 Located on existing building. Cellular facility- three support structures with five panel antennas each, two dish antennas and equipment cabinet 7 556-471-24 801 National City Blvd AT&T CUP-1996-2 Located on roof of Red Lion Hotel. Paging facility- four whip antennas, one global positioning satellite antenna and e • ui • ment cabinet. 558-471-24 801 National City Blvd Nextel CUP-1994-8 Located on roof of Red Lion Hotel. ESMR facility- three whip antennas and eauipment cabinet. 556-471-24 801 National Cikf ISrd Pagenet CUP-1996-12 Located on roof of hotel. Paging foci]' - four antennas and eauipment cabinet one floor down from roof. 556-471-24 801 National CRy I Evd AT&T CUP-1999-5 Located atop Red Lion Hotel. Wireless communication facility- four antennas and radio base system . 8 554-120-30 2400 E 4th AT&T CUP-1996-4 Located on roof of Paradise Valley Hospital. Paaina facility- four whip antennas, one alobal POsitioninasatellite antenna and equipment cabinet._ 9 559-160-13 1(122 W Day Marin GTE CUP-1996-5 Located on a 360-sa foot building. Cellular facility- 60-foot monopole with twelve panel antennas. 10 563-370-36 3007 Highland Pac sell CUP,i996-6 Located on existing Super Saver buildina. PCSfacilitv- six panel antennas and two equipment cabinets. 12 554-050-12 303 Paim AirTouch CUP-1996-8 60-foot hiah monopole with six whip antennas, thirty directional cellular antennas, and three dishes with an eauiDmentcabinet at base. 554-050-12 303 Palm Sprint PCS CUP-2001-10 Located on National Guard Armory property. PCSfacility six antennasin three 40-foot flag poles, one GPS antenna and a new equipment building. 518 of 647 14 564-471-01 3030 Plaza Bonita Rd Nextel CUP-1997-8 Located atop Plaza Bonita sign. ESMRfacilitv- nine antennas and equipment cabinet. 564-471-01 3030 Plaza Bonita Rd Pac Bell CUP-1996-7 Located atop the existing Plaza Bonita sign. PCSfacility- three antennas and two eauiDmentcabinets at base of sign. 16 557-420-36 1840 E 12th Nextel CUP-1999-4 _ 60-foot monopaim on vacant commercial lot. 20 555-082-11 111 W 9th Sprint CUP-2000-9 Located atop 2-story Sid's Camet Barn warehouse. Wireless communication facility- twelve wireless panel antennas and 4-inch GPS antenna. 21 555-030-21 330 National City Blvd GTE CUP-2000-11 Located atop BayTheatre. Wireless communication facility- twelve panel antennas and four equipment cabinets. 22 564-250-50 2435 Sweetwater Sprint CUP-2000-14 Located at Sweetwater Inn. Global Positioning System with nine panel antennas. 30 557-420-36 1905 E Plaza Sprint PCS CUP-2001-3 53 foot tall monopaim with nine panel antennas. PCS Facility with one equipment enclosure and a GPS antenna. 32 556-473-18 242 E 8th AT&T CUP-2001-6 Located atop an existing church. 34 563-370-35 3007 Highland Nextel CUP-2001-12 Located atop Sweetwater Square. New equipment building over trash enclosure, nine panel antennas and one GPS antenna. 36 563-231-38 1914 Sweetwater Cingular CUP-2002-3 Located on an existing 75 foot tall pole sign for the SweetwaterTown and Country Shopping Center. 37 564-310-37 3737 Sweetwater Cingular CUP-2002-4 72 foot tall monopine with standard equipment enclosure 39 556-101-15 241 National City Blvd Cingular CUP-2002-6 12 panel antennas behind four new partial parapet walls atop an existina fumiture store; four equipment cabinets outside 40 558-200-24 2415 E 18th Cingular CUP-2002-13 Panel antennas located inside new liaht standards; equipment located inside existing commercial buildina 41 556-354-1.3 716 Highland AT&T CUP-2002-14 Six facade mounted panel antennas with equipment on roof of PacBell switching station. Equipment screened to match existing. 44 556-590-61 1019 Highland Sprint PCS CUP-2002-24 —' 6 panel antennas in a new monument sign in the South Bay Plaza shopping center 556-590-61 1019 Highland Cingular CUP-2002-2 Located atop South Bay Plaza on an existing mechanical equipment screen. 51 552-283-11 2323 E Division .Sprint CUP-2004-6 3 panelantennasina 9x10x16 roof-mountedcupola 519 of 647 52 560-191-30 1 701 D Ave _ W Nextel CUP-2004-12 12 panel antennas on a 57' faux bromileaf tree with 230 square foot equipment enclosure 53 551-570-20 51 N Highland Sprint CUP-2004-15 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 55 563-231-39 1914 Sweetwater Nextel PC Reso 20-2002 2 panel antennas in a 45' flagpole with 4 wall -mounted equipment cabinets 57 554-120-24 2701 E 8th Cingular PC Reso 02-2001 Co-locationin churchspire-3 antennas within existin architectural feature 554-120-24 2701 E 8th T-Mobile CUP-2000-19 Located at existinaphurch. Antennas located in a GO-footmonument. 554-120-24 2ii'01 E 8th Sprint CUP-2000-27 12 panel antennas rnounted on Exterior of self -storage building and painted to match; all equipment located inside of the buildings 554-120-24 2701 E 8th AT&T CUP-2000-19 Located at existing church. Antennas located in a 60-foot monument 58 558-030-30 1035 Harbison Nextel CUP-2005-3 12 anel antennas on a monopaim with 299 SQ.ft. equipment enclosure. _ 60 556-510.-12 9114 E 8th Cingular CUP-2005-10 12 panel antennas on 39-ft monopine with 280 sq. ft. equipment shelter - 61 55E11•-040-53 1439 Tidelands Cingular CUP-2005-9 12 panel antennas on monopaim with associated equipment shelter 559--040.53 1445 Tidelands Nextel CUP-2000-31 40-tootmonopalmwith three sectors cit' four antennas each and equipment shelter 63 562-200-02 2900 Highland Cingular CUP-2005-12 3 antennas on replacement light standard with associated ec u� ment shelter 64 563.-010-47 2606 Highland Cricket CUP-2006-11 3 antennas in new architectural feature of church with associated equipment 563-010-47 2605 Highland Sprint CUP-2002-18 Six panel antennas and equipment inside a new 54 foot tall monument/c%ss/sign. �'� 65 _ -��_ __� 557-420-31 1900 E Plaza Cricket CUP-2006-6 3 antennas on new fauxyalm tree Arith associated equipment 557-420-31 1900 E Plaza Cingular CUP-2004-4 5 panel antennas in a new pole sign 4it Jimmy's Restaurant 67 561-222-23 1526-40 E 18th T-Mobile CUP-2006-10 12 panel antennas on a new 45-foot tall faux pine tree with associated equipment shelter 68 564-471-07 3030 Plaza Bonita Rd Cingular CUP-2005-24 _ 12 antennas facade mounted to new rooftop enclosure that will house equipment 520 of 647 68 564-471-07 3030 Plaza Bonita Rd Verizon CUP-2003-13 12panel antennas on the roof of the Plaza Bonita Mall behind a screen wall 69 559-106-17 525 W 20th Cricket CUP-2005-25 3 antennas on existing self storage building painted to match with associated equipment 559-106-17 525 W 20th Sprint CUP-2001-4 Located on existina storaae building. Wireless communication facility- 9 antennas and equipment building. 70 554-050-15 2005 E 4th Cricket PC Reso 09-2003 3 antennas on existing light standard with associated equipment shelter 554-050-15 2005 E 4th Cingular CUP-2003-5 12 panel antennas on a replacement 100 foot light standard in EITovon park and a 160 square foot equipment enclosure. 554-050-15 2005 E 4th GTE CUP-1998-4 . Located in ElTovon Park. Cellular facility- 97'8" monopole with twelve panel antennas, three omni antennas, and 192-sqfoot equipment building. 554-050-15 2005 E 4th Nextel CUP-2005-15 12 panel antennas on a 47-foot tail faux -broadleaf awith 230 sq. ft.equipment shelter 71 564-290-06 3820 Cagle St Cricket PC RESO 10-2004 3 antennas on existing faux pine tree with vaulted e• ui •ment shelter 564-290-06 3820 Cagle St Sprint CUP-2001=2 Located at Sweetwater Heights Centennial Park. Wireless communication facility- 35-foot pole with six antennas, equipment building and adjacent liahting for the park. 564-290-06 3820 Cagle St T-Mobile CUP-2004-3 . Located at Sweetwater Heights Centennial Park. Wireless communication facility- 55-foot monopine with twelve panel antennas and equipment building 564-290-06 3820 Cagle St Cingular PC Reso 11-2002 Co -location on 55-foot monopine - additional 12 panel antennas and new 275 SQ.ft. equipment vault 72 669-060-26 5800 Boxer Rd Cricket PC RESO 32-2003 3 antennas on existing water tower with associated equipment shelter 669-060-26 5800 Boxer Rd T-Mobile CUP-2003-16 12 panel antennas on the outside of the 0.0. Arnold water tank and a 150 square foot equipment enclosure adiacent to the tank 669-060-26 5800 Boxer Rd Sprint PC Reso 32-2003 _' Y '� _ 6 panel antennas on the outside of the 0.0. Arnold water tank and a 360 square foot equipment enclosure adjacent 669-060-26 5800 Boxer Rd Cingular CUP-2005-21 73 562-330-43 152 W 33rd Cricket PC Reso 21-2002 3 antennas on existing self storage within matching architectural projection with associated equipment 562-330-43 152 W 33rd Sprint CUP-2002-8 12 panel antenas mounted on exterior of self -storage building and painted to match; all equipment located inside of the 521 of 647 74 555-053-17 700 NCB Cricket PC Reso 05-2000 3 antennas facade mounted to existina hotel with associated equipmen 555-053-17 700 NCB Metricom CUP-2000-4 Located atop Holiday Inn. Wireless communication facility with equipment cabinet. 555-053-17 700 NCB Skytel CUP-2000-30 Located atop Holiday Inn Hotel. - 8-foot whip antenna, two 4x2-foot panel antennas, and one GPS antenna with two indoor equipment cabinet.. 75 560-203-03 1300 National City Blvd Nextel CUP-2006-15 15 panel antennas behindscreen wall atop existing car dealership with associated equipment 76 561-360-35 1310 E 22nd Cricket 2007-14 CUP 3 antennas on recration building at Las Palmas Park 561-36C-35 1820 E 22nd Sprint-Nextel CUP-2000-8 Located in Las Palmas Park. Monopalm and eauipment along with live palms. 78 560-143-36 1703 Hoover Cleawire 2009-22 CUP 9 antennas located on 3 different locations on industrial/ warehouse building. Each location will have 2 panne) antennas. Associated equiptment will be located in building 79 559-160-33 700 Bay Marina DT Cleawire 2009-23 CUP 9 antennas on tower of Manna Gateway Plaza commercial building hidden behind parapet wall. 6-foot tall equiptmant cabinent on roof below tower will be mostly covered 80 560-151-20 142 E16th AT&T 2010-11 CUP 6 panel antennas and RF transparent cupola atop National City Ministry Church, as well as a 330 sq ft equipment/storage/trash enclosure on the ground. The 8-foot tall Cupola will have a cross afixed to it in order to appea as part of f the church 81 561-271-01 2005 Highland Ave Plancom 2010-31 CUP 12 antenas on a 43-foot mono -palm on eastem property line 561-271-01 2005 Highland T-Mobile CUP-2003-4 12 antennas on the roof of a Highland Avenue office building_ 561-271-01 2605 Highland Cingular CUP-2006-2 12 antennas on the roof of a Highland Avenue office building with new cupola to match existing 82 563-184-47 2909 Shelby Dr P95-025 75-foot monopole and ectuipment building. 83 563-062-17 2524 Prospect St AT&T ZAP99-028 35-foot monopaim with three sector directional antenna system and equipment cabinets. 85 564..310-32 3312 Bonita Heights Lane AT&T ZAP00-133 . 86 563-063-29 2563 Grove St AT&T MUP91-026V12 522 of 647 86 563-063-29 2563 Grove St P91-026W Monopole located aside live palm trees. 523 of 647 Session: SD_LTE_0000_$tee_03 1724JN Deer mYm 1 Mon Jun 1 10:35:352015 Default Square Datum: NADS3 Center te1: 323930.55 N Center LW: 117.05 49.04 W Celle Lbl: Ce3l Name Scale: 125000 GeoPIsi v&.6.5 li end Confidential 524 of 647 Sasebo: MUTE 0000 Sies_03_17_2016 Ueon no limit Mon Jun 110:33:2420T5 Default Square Datum: NAD33 Center Let 324939.55 N Center Lan: 117-0549.04W Galls Lhl: Cell Noma arleriaL_road ❑ light duly mad El major highway ❑ °Alector_road t3samnd. _highway Lit RSRP 7CL Gin. RSRP (dBa ) Lt1 a=-7S 05..95 05. -95 O x _105 Scala: 125000 GeoPlen v6.8.5 P eta and Confidential Upper Sweetwater - With Site 525 of 647 enir arriOspoFtiOu CITY OF NATIONAL CITY - PLANNING DEPARTMENT 1243 NATIONAL CITY BLVD., NATIONAL CITY, CA 91950 NOTICE_ OF CONTINUED PUBLIC NEARING CONDITIONAL USE PERMIT FOR A WIRELESS COMMUNICATIONS FACILITY AT SWEETWATER HIGH SCHOOL LOCATED AT 2900 HiGHi AND AVENUE. CASE FILE NO.: 2015-17 CUP APN: 556-200-02 The National City Planning Commission will hold a public hearing after the hour of 6:00 p.m. Monday, May 7, 2018, in the City Council Chambers, Civic Center, 1243 Nationai City Boulevard, National City, California, on the proposed request. (Applicant: Plancom Inc. for Verizon Wireless) The applicant proposes to install 12 wireless antennas on a replacement 70-foot tall field light at the southeast corner of the running track./football field. The associated operating equipment and backup generator would be within a 260 square -foot enclosure located southeast of the Tight pole and will match the existing school buildings. The application was most recently reviewed by the Planning Commission on April 18, 2016, but was continued to a date uncertain at that time for additional information. 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 by the Planning Department on or before 12:00 p.m., ay 79 2018, who can be contacted at 619-336-4310 or planninganationalcityca.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 526 of 647 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, Room 260 San Diego, CA 92112 MS: A-33 Proiect Title: 2015-17 CUP Project Location: 2900 Highland Avenue, National City, CA, APN: 556-200-02 Lead Agencv: City of National City Contact Person: Martin Reeder Telephone Number: (619) 336-4313 Description of Nature. Purpose and Beneficiaries of Project: Conditional Use Permit for a wireless communications facility on an existing high school campus. The project will increase signal strength and service area for Verizon customers. Applicant: Plancom, Inc. Attn.: Kerrigan A. Diehl 302 State Place Escondido, CA 92029 Exempt Status: Telephone Number: (760) 587-3003 ® Categorical Exemption. Class 3 Section 15303 (New Construction or Conversion of small structures) Reasons why project is exempt: There is no possibility that the proposed use will have a significant impact on the environment since the 259 square foot lease area will occupy only a small portion of the 28-acre school property, be effectively screened, and will not affect use of the school or property. Date: MARTIN REEDER, AICP Acting Planning Director 527 of 647 RESOLUTION NO.2018-09 (a) WIRELESS A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NATIONAL CITY, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT FAR A HIGH SCHOOL COMMUNICATIONS FACILITY AT SWEE1WATR LOCATED AT 2900 HIGHLAND AVENUE. CASE FILE NO. 2015-17 CUP APN: 556-200-02 WHEREAS, the Planning Commission of the City of National City considered a Conditional Use Permit for a Wireless Communications Facitlt# at Sweetieter High School located at 2900 High:and Avenue at daily advertised public hearings held on November 2, 2015; December 7, 2015; January 25, 2016; Mare: 7, 2018; and May 7, 2018, at which time oral and documentary evidence was presented; and, WHEREAS, at said public hearings the Planning Corr tssion considered the staff report contained in Case File No. 2015-17 CUP main to ,ed 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 C©merlon at the public hearings held on Novetr ber 2, 2C115; Llecernber 7. 2015; January 25, 2016; March 7, 2016; and May 7, 2018, 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 use is oanditorially-alloweJ within the institutonal zone, and because the proposed facility generally meets the required design guidelines in the Land Use Code, as discussed in the staff report. 2. That the proposed use is consistent with the Genera! Plan and any applicable specific plans, because Policy E-3.3 of the General Plan is to increase access to wireless Internet connections, computers, and other forms of communication technology, and because no Specific Plans exist in this area. ATTACHMENT 3 528 of 647 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 the proposed antennas and associatedequipment are to be incorporated onto an existing utility fixture (light pole), and the accessory structure would be placed in an area of other accessory structures, thus not affecting pedestrian access or circulation. 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, because the proposed accessory structures that would enclose the equipment would be in a location where other similar structures exist, because the area is not used for anything other. than general .pedestrian circulation, which would be maintained. Furthermore, the proposed facility is unmanned and requires only one to two visits each month for routine maintenance, which would have a negligible effect on the adjacent developed streets. 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 facility will not be highly visible to the observer, as the antennas will be placed upon a Tight pole in an area with several other light poles, and because the equipment would appear like any other accessory structure in the area. 6. That the proposed project has been reviewed in compliance with the California Environmental Quality Act, because staff has determined the proposed use to be categorically exempt from environmental review pursuant to Class 3 Section 15303 (New Construction or Conversion of Small Structures), for which a Notice of Exemption will be filed subsequent to approval of this Conditional Use Permit; the antennas would be mounted on an existing light pole and the accessory buildings are small in nature, thus not affecting access to the area. BE IT FURTHER RESOLVED that the application for Conditional Use Permit is approved subject to the following conditions: General 1. This Conditional Use Permit authorizes a wireless communications facility at 2900 Highland Avenue. Except as required by conditions of approval, all plans submitted for permits associated with the project shall conform with Exhibits A -revised and B- revised, Case File No. 2015-17 CUP, dated 2/27/2018 and 4/4/2018 respectively). Any additional antennas or facilities must be in substantial conformance with the design for installation shown on these plans. 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 529 of 647 the Planning Department, acknowledging and accepting all co -,ditions 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 satis•:=action of the Planning Department that a Notice of Restriction on Real Property is recorded with the County Recorder. The applicant .shall pay necessary recording fee to the County. The Notice of Restriction shall provide information that conditions imposed by approval of the Conditional Use Permit are binding on ail 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 City Manager or assign prior to recordation. 3. 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, ?°`.e apprrcar t shall pay ail necessary environmental fling fees for the San Diego County Clerk. Chess she!! be made payable to the County Clerk and submitted to the National City Planning Department. 4. 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. Building 5. Plans submitted for demolition or construction improvements must comply with the 2016 editions of the California Building, Electrical, Plumbing, Mechanical, and Fire Codes. 6. if applicable for development on private property, call 800-227-2600 (Underground Service Alert) for mark out prior to any digging activities. Fire 7. Plans submitted for improvements must comply with the current editions of the California Fire Code (CFC) and National Fire Protection Assocketi (NFPA). Planning 8. All appropriate. and required local, state and/or feral permits must be obtained prior to operation of the wireless communications facility. G. MI exterior equipment (e.g., RRU units, GPS antennas, microwave dish antenna, panel antennas) shall be p inted tr match the surface on which it is mounted. 10. The accessory building used to house operating equipment shall be colored and textured to match the nearby gymnasium. 11. The permittee shall not object to co -locating additional faciEities of other communie ation companies and sharing the project site, provided such shared use does not result in substantial technical or quality -of -service impairment for the perm t d use. In the event a dispute arises with regard to co -locating 'with other existing or potential users, the City may require a third pasty technical study at the expense of either or both the applicant and the complaining user. This condition in no 530 of 647 way obligates the City to approve any co -location proposal if it is determined by the City not to be desirable in a specific case. 12. The applicant or operator shall be responsible for the removal: and disposal of any antennas, equipment or facilities that are abandoned, decommissioned, or become obsolete within six (6) months of discontinuance. 13. Exterior walls of buildings/poles to a height of not less than six feet shall be treated with a graffiti resistant coating subject to approval from the Building Official. Graffiti shall be removed within 72 hours of its observance. 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 May 7, 2018, by the following vote: AYES. •Baca, Sendt, Yamane, Dela Paz, Flores, Quintero NAYS: None ABSENT: Garcia ABSTAIN: None CHAIRPERSON 531 of 647 CODE COMPLIANCE NTe 002 4U, MLM6 COX 2016 09.0Ie64 TOE 24 m+E 019301156 5022 CCM 2016 091511NF* IEea6T1Al CANE 0116 EM..0MM 0411211 CCM 161tl TA1v0N11Nw6O Cc6C Gale 1YI.E1.M IOmXIL.'L EOa Mr1a M1Wa1..1 R2-51 la® MW AYSefIMlm GENERAL NOTES M e100I4 M 0005121 fiat PA IWO 100601311. A EE00110/0 0.L rat TX um AS 1mIE® FOR MIME 140011141 CL M ME ELL x01 .TTA1E7 M ART otql 444 .01.0.1154 511 own gm= cm En. NNE IIMFONLIMNINIF Neml PROJECT TEAM L100, -5509 q CAME A.J1Lc £. a1 COMM 01005 IOVKIIET MEd MX 60099 CA E030 Pride 1012) 6S-f00 MVO w.! 71e-2500 11110. p,T1ygIaW.® IM Nb nE-eDST Meat fairigir°' SASSY EAM SCE nor PUCE 19.910tt1 CA MOM IM091C09. 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Fromm OR mown* OF 010.18 dreut W 00E ewes 4(SECTOR META ..:1 AZEIU H SITE PLAN -COMM 1 ROIt VERIZON WIRELESS EQUIPMENT AND ANTENNA LEASE AREA LOCATION SECTOR °ALPHA" AZIMUTH 14001 BeVc 1'w_L1 ve 1zor 111s a o 1ANSREMO WA NATIONAL 914nEBMlo is comuLysio, INC 4 'CLlN1'IQMOJ16 E01 4/27/4 06/14/13 100X Th 06/S1/16 WEIR FIIIRSION • 7 011/A6/16 SCHOOL ISMISCH 1.11 11N 6 07/0;/16 1SL'SEO 200 JY sues' lams 10 12/03/1S NE-OE9N1 J7 11 06/9q/17 MCE b $ 12 12/16/17 • CLIENT p 10512101 A' 06 16 U 4/206. 02/01/16 HEWED IOW SV wawa 76. 6v —6111161R0100.110N UPPER SWEETWATER flm10010A110 AMINE 100IW1ALCITY,01MIN SITE PLAN 536 of 647 9ia.on. PAW PIO MUM TO NMI 1.914013, lamul..an. ENLARGED SITE PLAN is ramrr•rriarg=' rIWOlm talf,11 ewvm rated -1 n I.1 If 11, L -0-f1 verizo MN NNW eill.111KRISI .11.43401.0 -.-.PiI101 PREPARED INK NATI O NAL a.u.cona-emu, NID ra;A dam m010—e7- 4 5 a 7 a 10 it 12 13 4 04/27/19 06/14/15 05/21/15 O6/27/is 07/02/15 11/09/15 12/05/15 09/20/17 12/15/17 02/01/15 02/26/l6 cten REvafae YAI 100X n 9M OUM R0225N 1M 5a1DDE REVBgt1 RN REVISED 20. J7 GLIDE REASONSS 11M RE-OE9pl JY OM DE9611 .IY CLEW REYaON S sY RENSD 9755 SY RENSE0 209 SY UPPER SWEETWATER 210011016N AVENUE 0 6110N41127Y. CA91960 ...elwertmx ENLARGED SITE PLAN 537 of 647 PR3003311 MOM M00L- =Ia19112RVOW O ▪ 00 IOAI M 1!a Bens. PRR® MOM MOMS SIMM SUFMIMM Born Rio% DO PROPOSED 70,-(Y LAM POLE S' 6'.`e 100e. 11 P05it S11000 uam 11304E (ME 0000 0ER00R PMVOS EP 1N-0. Mil MORN SLAB P.)3E !N 000 UOf1.1P PROPOSED of GION Illtml • 4555000110e110 re bl.sm P1.01 hMF Ale 00. - • b 00 PooPoSEO 4ERT0. ARUM SG-SR"0 II2I301:42 IqR, (2) TOW. Male= MOM MOVE torc PAIR Y OSECTOR 'BETA` 270' AZIMUTH 70.d HOn SOMA 1/0BI BOLE 5011W1.0 L32R710 FM • r'-! 15 !Amon 'OAMMA' 20' AZWITUTH (3) Ioms.. 011loan. WM:MU 0041. t SECTDR'ALPHA• leo° LV A'7JVU'T"N�y W PROPOSED SURGE SUP. LAYOUT PLAN 11"ti!' ;�;j ,... 5 PROPOSED RRUS LAYOUT PLAN Td I'd lehd a Hm1oR 0 MMIMMIM StMFL >uremnSUMMED VICK0,1 �BI • 11ePG=.Br ON TIMMS led l0G1 AMC STld0 0330 IMMURE 10 1211111 50.00, 410.11 f-S 1g0036 YQG021 - MERU PROPOSED ANTENNA LAYOUT PLAN 12X • rart-d,firtri PROMOS ROUES 1131.2 0.ul0m 1I11 *EOM PRIM= W DOODESB 0L PIIEIt P.IMEL CN10If. 6 5Ammo i k, PIWlY SEMI 111E CEING SWIM UM 0) 1OBL nw101ID .'.1FR • e 11I"2'.• `I-'•'•• �' , �r, 0002. F sew= vinioN mom �-�'x[avae YEW 31234210 wog"( mom. ®21112-4.0 FOR MM. TTR I - - --•.1 1 iV S 1` .. I P,5, I ` N ' r! )f Y 1 r i' 0 ME @11. M E CAMPS MONIED TO PN (2). - : •. 11 11 ..� Li0' l 1 ----"-sss-I9a® 1®I IMAM Nu\N 1750L BOR Y, - .. •• I .�... OW BIOLC0./[ 1C E.101 roSoPis rumps Ism, a\ . MN=00 (ouis M LAT (2)) PULES OOui.prt 100E MA 'may *vs Si 11. PROPOSED EQUIPMENT BUILDING ROOF PLAN ▪ I 2 PROPOSE EQUIPMENT LAYOUT PLAN 'Verizo ' '+ 'NA�'0ONAL. {' 00010ean&00 !JLT.Jq BO ...I; to OMi sl.wolw..Ml na�r PIM 04/22/12 .2000 11010SO S m/ups 1t111S 20 1221 1012 0s/21ps MEW ROMS 1n oem/Is SCHOOL 11111ISON rnr e 07/C1/is SENSES 20t x 9 ,11/IM1/I0 GLINT SLNL9dt5 10 12/0.j/1' IlE-OES101 TY 11 52/ 0/17 itj 11M* 12 12/11SH7 cum Reseso1Is to 02/01/18 MOSE0 1005 sv. 14 02/21/1e SLN S= 2S. 5v -11711111110Mitralk UPPER SWEETWATER 000. 100N1..0. 0 Moue IOIepIYL C)17.4.IIe0 SWF PRO 13 EQUIPMENT MIMING, EQUIPMENT AN ANTEIG A LAYOUT PLANS uRr A-2.1 538 of 647 no Er premaro MI MEM OF PAP® NO MOM of PloPmo3 M=f1'w erm-t srar Lour w1E Nemo LOIOC Posufro O N1 MMIDEffi MVO. PM. PMoscam 00110. 421*03 ®8 r/r0.0 Mr PEEN NFe1 Pon gw11 03 O04* a" aura, aura, Ns OTOM /.bmZA011 or I. rum- W�mn 0= 01070 Too or 1 TN= Val Mi1w0 ON[ OM uoilE ire MOM =WM 0pro PEMM. (1) .DON. ne 1001 PRO® an= M110EOe P OOONoE MOUNT, (YE TOOL PROPOSED 01= YP POCOR1100 =SDUO Or OMER& CP011W NO PIN= Hope= 00@OM MMm® MULL 071 TOO. =CranNAV Ne5. 00 30141 T01/E POMO= VO+m= MEMO 0-0210 10N31=0E MwMI; (2) 720% woOrum= watts mow DN= OM= 11MM PNOOHO SLIMM/ 1u Par 0opoon 0= MPmffi ROOF M 1.101 (20300. RWEISS PM EM▪ CSSO TO MOM 1:2=10 CO ONM SRL m1m. t PROPOSE= 1EROOM 1VE.EM ( 47 00YE 1 MO SOUL YOP Cr PMm0e0 luosIMrcoM slir VW"' eAA A1 _----'"-- cam of pftre0so PTO mama or=Serb ^---- =MEDD 7m-0• 9N0u Myr ono ar 101e03 UMW/ 0Mo4 10 MOOCN 0= w arm WILES Mm101Re1 nlonetn VANN alor Pau 1nfou winos a. TOP 265017 ®Lea =LOP POMO= MOON Lime or NAM 1101O10 ONID1 Pam. NaO 101I MONO. PROPOSED =CON MOMS ea PW011IL0 Sim MY OTHERS. OPEN 1CP /IL OtlTOW PROPOSED 1= VLTOiS PMOMSm 11T✓OOIf aM0g3 500E P11PH®F MOM N00. (1310 0 P OM=Y00TaM PROEMS 00 90ED MONOPOLE MOM. -mom am �0NA EOWBr PPE 1vea11021133 W5 MEMO LOON =LESS SOIL 1.20 10 01 DIMON MONO OTOM 00 R MON Piai4POOMOLS Mpg 1o! as N=im 1 r=m2usED MENE M Mims ETIOP TO MATEO DOOM. =ON WE sa 0 01 Soar M spi COLOR. m OEmrw ILMDPa �. R • 10tMaE. TM. •�--HlILlaol 1vNIN 1emnMn fCxa OVEN VOLT PROPOSED NORTHWEST ELEVATION Too or mt= 4105 r D aa1LTe a PRePo1m Y moo Or P%0o= PROP® WRIEOt !MEIN FAMST PIPE ROOF TO ,all PROHI9D VERMIN NORM On s yq�N M(0[0 001*0 MI=IINe mO-020 aw Ieu. 'RFIX N romro %MINO M 000 P-M Mao MC. ON =NM 0930 • IT/6.L.� 14 mmPOED SAWN, 0010 n ouzo Loma, (Iwo= oOsmW I MEM ORO= 113) 07 (+a 0011 MONOPPOE MOM. ( 0=100 1ER000 MELEES RP P1003N210 =NW 9r MWtltr. OPEN TOP /NO ONTO. YEOMEN SMO]E M ee13, (10) I0VE PROPOSED YL1mM mass. twoo swoo molt EUM Rea rn 100L POMO= 0= M1c100 00- IOIOPOL 100R. ORMOND two ME Ole memo aomb%ea= cam 1011m loom PIOOOsco sO0rv11 wall POLE 0= MERLON MMEns 1(-13, ION so= Nom OW MILOS= TO 2.1101 0PSOM0 MOM. MOL m101. 0 TOMJW 10. = MO POOP Smtm M/ OEM Leo M001 111010 on*, WNW. re Tondo no wow mar Ruer PROPOSED SOUTHWEST ELEVATION fop or poopoo33 TOP Or PO0M70 Flo 03012 Or MOON. aD tm m A PIOr® ar 0= Mono lop oz 00 MMm.s3 Our-0* MY, E-0• rosio• osier ..r =pm AMP PO▪ LE 9e MCI mins PROPOSED =201 MMETE= e'er' NON a LI01/a1 ow loosooPIL 10 1e1TCN De?IMO SIM01e 01 TOS Jr 110111¢ TN. MEW Parto E/ 01M1 ta1M 3ONE Ran cow 11H Moc- =a== Moo= lom191 wawa Pr war la RIM= Par PR:mm VOmm moos mom rat No= WILE We �! IPA=1 �I2 11a®1m01m LEM err Mt= 11MMW wMma9 Pollee HOT® =EN lemma N on Nampa P. swat 0) 22.200 ' 1 10▪ 001E 10N0 0).01. imams �.= _ 0 O OPEN TOP OO NORM PpoPOQO MOQW MOON RM4 (/2) 7001 m4 (0 7210. PR0003) OEN= Malta DOh'mm Mop= 110.M. (Yl TOOL RONA0000 O =PM MMEL= WOK V' d=E M012110) IEMFM PROPOSED STOUP IMO PIE ✓ ROPOSID YHQOI =LESS oat 0100* Ruff TO 11.001 P Mm=ID 0= PaPPDm VCR= 11=133 KFEMS ma( MEW PROPOSED NORTHEAST ELEVATION 3 PROPOSED SOUTHEAST ELEVATION s1D 1 verizon' • /PO Oa PP1NY: fl NAT ONAL 10401NEEN1421 CONSULTING. MINT. 4 04/77/15 CLONE REU510515 14 05/14/15 15/21/15 CLIENT REVISION W 7 00/22/15 SCHOOL RENMION MM 07/02/15 RINSED ZIIM ,1r 11/06/15 SLR* REVISE= 11M 10 12/0y/I5 RE-060N .7* 11 09/70/17 MCE DESIGN JY t2 12/15/17 CLIENT REVISIONS SY 13. 07/01/IS IONISED 0700 SV 14 02/20/10 1NwRNRT 01 SM UPPER SWEETWATER INE011.11=31PENUO NATION. [71Y, NI... 0AL ARCHITECTURAL ELEVATIONS A.3 of 647 CONFIGURATIONS 10 }1e rota lEED302 BI000'4 • 11112101 IS Ewe =a1oEMcA /aEtvlmmA�1' GA1LC11Rf114A1a 1AS NIL e'er 11s7awRPOw1R 1c a . ,.. ENCLOSURE. 72Il WIMIL , anld B 8S-25-0603 A -I POLAR POWER DC GENERATOR SPECIFICATIONS O I VslSO PF Product Spsciootrons ODAVASOSPE RBA72-32 1222,7201c4..2 1c4. 2Cab badC lat/EdIVC Poker. Egpwmt ad buy fir 1:21Z-4 1�sst� d7r'wiYa` ' �i t'''..".' as :..P. 0.0,, ap alm4NifOQ farm, ,> r a* 11: hll I•gir' AM,alas Are. I„liry{iFII 2,222,aa1fi lir 6 ri3i[o-rm fifiii WTt Product Specifications Ew1310&41 a1b+N OE43 00L1. Hal / kat= haa, 602,ef. mAraedfCekladACIoof Geer' arc = <_..172Pfdaxl' ggg.v„U,�: Treat 0044,4 sue) NOT USED EQUIPMENT CANEdET SPECIFICATIONS I gr I 1 verizonv ur. ."omffleeee ane PIJONPiE11111E7 '�1; 1 A A IO MAIL. _ 1 l saanleeNo s aaMSULTIMX IND —M1122176 4 04/27/15 CLEW ggfig10,15IM 5 05/14/15 100% ID 06/11/1S Cinlr REVIDOR lEA 7 6 0D/21/16 SCHOOL RE.06100 101 07/E2/16 RENEm =h dV E 11/06/12 OLUIO relsoKs YE' 10 12/0S/l0 RE-OE9O11 JY 11 00/25/17 116E ougar1 47 11 11/15/17 ezeir I51610118 BY; 13 04/71/16 REV® IfOS * EV 14 01/16/16 RE1@11'81e SV WIE OQOIIM UPPER SWEETWATER 2,04 N101l1 A\E7EE !A ON-CITYY,, WINED DETAILS 540 of 647 ,�:r.�lrJ-ram EXHIBIT: - re14,1 CASE FILL NO.: 7 / ( (j DATES q lctf /$ r Upper Sweetwater Sweetwater High School 2900 Highland Ave. National City, CA 91950 Proposed antennas mounted to replacement light standard Proposed RRl#s and Raycaps mounted to replacement light standard behind proposed perforated shroud Proposed equipment enclosure finished to match existing adjacent buildings �....� itraIM v erizon� Than simulations are Intended for graphical purposes aeryr and not intended to.. be flm of or cb replace Ow orr at1On provided Oh VIOLOMILTUONO1 drriwings 541 of 647 Photosfmulatlon of proposed telecommunications site The5e simulations a?e r-tended rar graphical purpos » y ana not i4terVed to tie parr er or to replace the sr fro-mar.lon prowlded cn the co trurtlon. drawInps 542 of 647 Upper Sweetwater. Sweetwater High School 2900 Highland Ave. National City, CA 91,950 verizoni Props2srysJ arrt:er1r14IMILintt' ! :O rOtaeer4ent IitJ.i'It 5tartid.aetl ProposeJ RR4:#s3nci RaYcaP5 r1RCiritltrU to r p�it Starlddfri C7tMtlii'prciOtsezi Orotto iProposet €J tiprne�8 enc'l a E r —_ finionitd to matt% ektliting acgacent ngs AllhaeQsneinesimini4idsrra isf rereaRtsssearf odtra I propn5ea {'Fncenna5 r11oLPfted t 1 Fec la.cviment t 1-Sta!1G ir'tti Proposed R LrS and Rayal mou riteJ t:t r pi €„neat li jfa Standard beltilnd proposed perforated 5h rtid These sinaalatfons Bre In ended for graphical purposes only and nett Inlend!ed to be part of or to repfate the information provided on the constru lays driV tirbal 543 of 647 Upper Sweetwater Sweetwater High School 2900 Highland Ave. National City, CA 91950 verb Photosimulationn of proposed telecommunications site That simulations ire intended [prgralpmiynl nprpascs only and not Intended b depart of.gr sq replEl a the frIfprrnalVr. provided on lC+e Cgngrra,lan tlraw0G-5 w1J s-a00•a 544 of 647 Upper Sweetwater Sweetwater High School 2900 Highland Ave. National City, CA 91950 verizonv Proposed antennas mounted to replacement Tight standard Proposed and Raycaps mounted to replacement light standard behind proposed perforated shroud Proposed equipment enclosure 7—firrished to match existing adjacent buildings chews Mfia.zsa nritzs..m.s.e .r::zs:sz:azzLnz. r:a.5 �:v� CC/CDC-HA Agenda 6/19/2018 — Page 545 The following page(s) contain the backup material for Agenda Item: Temporary Use Permit — World Market sponsored by the National City Chamber of Commerce at Morgan Square every last Sunday of the month beginning June 24, 2018 thru November 25, 2018 with no waiver of fees. (Neighborhood Services) 545 of 647 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Temporary Use Permit — World Market sponsored by the National City Chamber of Commerce at Morgan Square every last Sunday of the month beginning June 24, 2018 thru November 25, 2018 with no waiver of fees. PREPARED BY: {Dionisia Trejo PHONE: I(619) 33b-4255 EXPLANATION: This is a request from the National City Chamber of Commerce to condu a World Market at Morgan Square every last Sunday of the month beginning on June 24, 2018 thru November 25, 2018 from 11 a.m. — 4 p.m. Set up for the event will commence at 8 a.m. on the day of the event. The goal of this event is to stimulate the local economy, support the development of arts and culture, and embrace community building. This event will include free yoga, Zumba and art classes, food vendors, live entertainment, video/movie screenings against the chamber wall, art display and exhibitions. DEPARTMENT: Ne bor o•d Services Department APPROVED BY: The applicant has arranged for public parking to be available at the Union Bank parking lot and the Southwestern College parking lot. Applicant will provide their own stage for this event. Note: This is the first time this organization has requested a Temporary Use Permit to conduct the World Market. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS The City has incurred $237 for processing the TUP, plus $1,200 for the National City Fire Department Inspection fees and $600 for Facilities. Total fees: $2,037.00 ENVIRONMENTAL REVIEW: 1N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Approve the application for a Temporary Use Permit subject to compliance with all conditions of approval with no waiver of fees or in accordance to City Council Policy 802. BOARD / COMMISSION RECOMMENDATION: IN/AI ATTACHMENTS: Application for a Temporary Use Permit with recommended approvals and conditions. 546 of 647 l e flf-Ex;ere ® FairiFestival ® TUP City of National Clty a Neighborhood Services Department 1243 National City Boulevard: a National City, CA 919150 (619) 336-4384 a fax (619) 336-4217 www.nat1onaIdtyca.gov n ParadeJMarch n Sporting Event l=�rct�t'fiJ-;rtrn'W:ir#lot)• Event T Is World Market ❑ Walk or Run a Concert/Performance x Otter (specify) Community Event Event Location t ail sites being requested) Mom S � St & National cry Btyd. is Set -Up Starts 8:00am Date Reocurring: see at Time Event Starts ' 1:OOam Date Reocurrnq; sea at 'Time Event Ends Day of Week Sunday Day of Week Sunday Data Reoourrtng; see at The 4:OOpm Sunday Day of Week Breakdown Ends B OO m ' Date Reocurrfng; see at Time p Day of Week Sunday ,Applicant Information RECEIVED APR 1(, 2018 Applicant (Your name) Jacqueline Reynoso Nil City Chamber of Sponsoring Cnganization Event Coordinator (If different from applicant) 'ate Reynosa Matting Adchess 901 National City Blvd., National Cly, CA 91950 Day Phone 619-477-9339 After Hours Phone 619-890.6614 Cell 619-890-6614 Fax 619-477-501i Public Information Phone 619-477-9339 E-mail relmoso@rationaioiiychsrntrer.o fromAppli ant gree st any Investigate,s to td defend, fe loss, damage, Indemnify and hold harmless the City, its offic rr, employees and agents and liability, claims, demands, detriments Onclmay�di ncur, $ attorneys fees) and of action of any character which the Clty, Its officers,employees and ate or be subjected to on account of loss or damage to property or the loss of use thereof and for bodily Injury to or death of any persons (tnduding but not Unified to the employees, su City pre premises andbcontractis agreement to the' extent ennUted Invftees of each party hereto) arising out of or in any conned bo the occupancy, allayment and use° agents any p by taw. Applicantunderstands this TUPFspecial event may Impl sate fees for Clty services, which will have to be paid In the ova Finance Department 48 hours prior to the eventeat-up. The undersigned also understands and accepts the City's refund policy for application processing and facilityuse and that fees and charges are adjusted annually and are subject to Signature of Applicant ``""`ti 4t6J18 Date 547 of 647 Sp dda( Event Application (continued) i �sncfE�� ,Fe6slRi oceetis Repor tinc- Is your organization a Tax Exempt, nonprofit" organization? Yes E No 0 Are admission, entry, vendor or participant fees required? Yes ® No 0 If YES, please explain the purpose and provide amount (s): • Vendors: $50; Food Vendors: $150 to offset production costs (rentals, contractor fees, permits, etc.) $ 1,450 Estimated Gross Receipts including ticket, product and sponsorship sales from this event. $ 1,456 Estimated Expenses for this event. 0 $ What Is the projected amount of revenue that the Nonprofit Organization will receive as a result of this event? Description .of Even -a IN First-time event Returning Event C3 Include site map with application Note that this description may be published to our City Public Special Events Calendar. Set up booths, art exhibits, FREE Wi-Fi access - City is assessing Wi-Fi expansion at Morgan Square, FREE Zumbe / Yoga, FREE Live Art Displays and Exhibitions, FREE Art Classes, FREE Performances, Public Seating and Shading Areas, Street Library/ Book Nook, FREE Video/Movie Screenings against Chamber/Apartment wall, Food vendors, Coffee Cart t.ir�� tc d Attend -not -re , Anticipated # of Participants: 20 Anticipated # of Spectators: 100 2 548 of 647 traffic .Cort .rot, curt , first Aidanf Accessibilit Requesting to close street(s) to vehicular traffic? Yes ❑ No tffl List any stet requiring dosure es a remit of the event (provide map): Dateand time of street downs: Date and time of street reopening: 0 Other (explain) Requesting to post "no parking" notices? Yea 0 No !i1 ❑ Requested °too Parking" on city streets and/or parking lots (list streets/parking lots) (provide map): ❑ Othe; (explain) Sccueit _ atiti CjTour'rt Cotitrol Depending on the number of participants, your event may require Police services. Please describe your procedures for both Crowd Control and internal Security: National City Chamber of Commerce Staff, Mundo Gardens sty, and volunteers will serve es security points, Have you hired Professional Security to handle security arrangements for this eves Yes 0 No ® If YES, name and address of Security Organization Security Director (Name): Phone: totifogitte*iikti 014 iii0iiiiiiiiiriggiAtiiiiiNtetif'r P y ifir4� b y "% : g�T ,j ,,r i � o tics by the WI l l' z 1. . :Maw-... ‘ .4 '� .:,12,,1,. # ..JbeL _0. j,' _ •.. ; is tit a night event? Yes 0 No ® If YES, please state how the event and surrounding area will be Illuminated to ensure safety of the participants and specators: 3 549 of 647 Depending on the number of particlpan your event may require specific First Aid services. First aid station to be staffed by event staff? Yes 1]"o ❑ First aid/CPR certified? Yes ❑ No ❑ First aid station to be staffed by professional company. 1> Company ;' cce siL ility Please describe your Accessibility Pian for access at your event by Individuals withdisabilities: Morgan Square and the National City Chamber of Commerce are ADA accessible. IntiMMIlrff Setting up a stage? Yes O. No ❑ II Requesting City's PA system El Requesting City Stage; if yes, which size? ❑ Dimensions (13)(28) ❑ Dimensions (20x28) 1, . Applicant providing own stage t» Bee attafched de (Dimensions) Setting up canopies or tents? 15 90X10 # of canopies size # of tents size ❑ No canopies/tents being set up Setting up tables and chairs? E Furnished by Applicant or Contractor 20 50 # 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-sponsbred events # of tables r3 No tables being sat up # of hairs 0 No chairs being set up Contractor Name Contractor Contact information AddressCity/State Phone Number 4 550 of 647 Setting up other equipment? 0 Sporting Equipment (explain) ❑ Other (explain) ❑ Not setting up any ecwlbrnent listed above at event Having ennpiifled sound and/or music? Yes ® No ❑ PA System for announcements IN CD player or DJ music si Live Musk; ) ® Small 4-6 piece lire band Id ❑ Large 6+ piece lure band El Other (exlrlatn) Background music ptayi , Am� �artists (acoustic), Dance presentationswl if using live music or a DJ. 1 Contractor Nam Address City/State Using lighting equipment at your event? Yes® N00 ® Bringing in own lighting equipment ❑ Using professional lighting company tr. many Name Address{ -Wing electrical power? Yea No ❑ ® Using on -site electricity ni For sound and/or lighting ❑ For food and/or refrigeration IA Bringing in generator(s) IN For sound and/or lighting ❑ For food and/or refrigeration c Phone Number Phone Number P'cntior (fonrribtion' hft~6 5 tYoT t YQul eigii bo i+i01114 n (fix a PO are dog :;.. ill Having food and non-alcoholic beverages at your event? Yes.® Nog J Vendors preparing food one # 3 t► Business License # if yes, please describe how food will be served and/or preparers: ii4611fittiOd Or 11aw.ent. en+ o8_ ti>r a� (At National City Chamber building) If you intend to cook food in the event area please�spectfy the method: 121 GAS ELECTRIC ❑ CHARCOAL ❑ OTHER (Specify • Vag bringing prepackaged food Pt- # p► Business L # • Vendors bringing bottled, non-alcoholic beverages (i.e., bottled water, can soda, etc.) m # ® Vendors selling food # 9k Business License #(s).._ Mi Vendors selling merchandise # l '• Business License #(s) 5 551 of 647 ❑ Food/beverages to be handfed by organization; no outside vendors El Vendors selling services # I- Business License #(s) Explain services LJ Vendors passing out information only (no business license needed) # !> Explain type(s) of information El .No selling or Informational vendors at event Having children activities? Yes® No❑ PiXASE ftgrEg In the event Inflatable jumps we proViried Mete event, TieOW of National Oity requires commercial liability insurance with grafts of at least $1 Million dollars per o0aurt etroed$2 MfIlon dollars aggregate. `In addition, the City of National City must be named as an Additional insured pursuant to a separate endorsement, which strati be provided by the vendor or its insurer to the Clly's r f "�_ i t forevent. The application Risk ilria , alp � , � :.�,:.,�� � ,_.,�,��; ,e� sppre�t ice' to the should be flied out -at burst one week prior to tie event. There is a $25 fee to process tha permit application For questions or to obtain a copy of the *Facility Uae ApAlkatton', please corrteot the Enoineerinagtubite Works Department at (61-91.38644580. ❑ Inflatable bouncer house # ❑ Inflatable bouncer slide # ❑ Other ❑ Rock climbing wall Height ® Arts & crafts (i.e., cxaftrnaking, face painting, etc.) Having fireworks or aerial display? Yee ❑ No 1 ❑ Vendor name and license # Dimensions Duration Number of shells Max. size PISAdd ROW: In the event fireivorics or another aerial- :d'rsplay is planned- for your event, The City of Nagano! City req then cornrt ial liability {neutrinos with limits of at least $2 Mllfton dollars par occurrent*/ $4 Million dollars agregete. In addition, the City of Naomi City must be named as an .Additional Insured puant to a separate,endorsement, which shall be provided by the vendor or Ms insurertb the alt (S Risk Manager, along with the Certificate of in .for approval Marto the ;event. Depending on the size and/or nature of the firewoft display, the City IVISerVeS the right to request highs& IMP ility limits, The vendor must also obtain a fireworks vomit from the .National ply Fire Depailmerit the s tsO, M Arranging for media coverage? lies® No❑ E Yes, but media will not require special set-up ❑ Yes, media will require special set-up. Describe 552 of 647 KkAdt tuftg: Fur sponsored or ooasparsored events, banners pubilcbTlftg the 8 Pon 'may be iced en the exhiting poles on the 1800 bleak and 3100 block of - atlnaal City atrutevard. The ors that be Made Wile e a see l coons. Please refer it the elte Spfec I r d cao1s and Schedule foradtkenal ihrbtplatiOn. PRN Are you planning to have signage at your event? Yes KM No ❑ el Yes, we will post sIgnege # 5,,, ° ser� Dlrrsions A :arnes, aliser flues ❑ Yes, having irrtlatabie signage # D (complete Inflatable Signage Request ) ❑ Yes, we will have banners # 2 ❑ What will aignsibannews say? ❑ [low will signsibanners be anchored or mounted? Sim lighting' des arathra Pagel picadotot►rer PLEAS P .tE Che -1 t for sway= pile is Est.: Inflates to sprOltsnt , . sto*ettare' lee Or9 !limed . a o t POOP dgig z Are you planning to Dravida portable restrooms at the event? Yes ❑ Non if yes, please identify the following: ie Total number of portable toilets: I> Total number of ADA accessible portable toilets: O Contracting with portable toilet vendor. Bi- Load-in Day & Time Company Phone d Load -out Day & Time O Portable toilets to be serviced. It. Time IMEAMMINIKarlita Setting up the day before the event? ® Yee, wild setup file day before thoevent. # of set-up day(s) El No, setup win occur on the event day Requeding vehicle aoeea onto the turf? ❑ Yeses, requesting acmes onto turf for set-up and breakdown (complete attached Vehicle Access uest form) No, vehicles wiii load/unload from nearby street or parking lot. 553 of 647 57. .. :r2Zg- - ` scow+-rti,. El City to Install litter fence ❑ Applicant to install litter fence ' N/A Breaking down set-up the day after the event? ❑ Yes, breakdown will be the day after the event. D # of breakdown day(s) t1 No, breakdown will occur on the event day. How are you handling clean-up? El Using City crews E1 Using volunteer clean-up crew during and after event. p Using professional cleaning company during and after event. Please list anything important about your event not already asked on this application: Parking 'Plan: Union Bank Parking Lot (22 E 8th St, National City, CA 91950), Street Parking Southwestern College Parking Lot (901 Roosevelt Ave, National City, CA 91950: Please make a copy of this application for your records. We do not provide copies. 8 554 of 647 Special Events Pre -Event Storm Water Compliance Checklist la Serial Event Information IHama of went: World Market Event Address: Morgan Square, 9th St & National City i Expocted fg of Attendees: 120 i Event Hoat/t ooMnator: Janice Reynoso phone Numbers 819-98S.4392 !1. Storm Water Best Management Practices (BMPs) Review is Will enough trash cans provided for the event? Provide number af trash bins: 5 NA Will enough recyding bins provided for the event? Provide number of recycle bins: 6 Will all portable toilets have secondary containment trays? (exceptions for ADA compliant portable toilets) Do all storm drains have SOWN to tempoterlly protect trash and debris from entering? Are spill cleanup Idts readily available at designated spots? *A Post -Event Sturm Water Compliance Checklist will be completed by City StaffStat. 9 555 of 647 City of National City PUBLIC PROPERTY USE HOLD HARMLESS AND. INDEMNIFIDATIOJt 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 vrhtch 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. Bests Guide Rating of A:Vi1 and that the insurances 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: National CEty Charmer of Commerce Person in Charge of Activity: ,laoquelEne Reynoso Address: 901 National City Blvd., National .City, CA 91950 Telephone: 619-4n-9339 - Date(s) of Use: HOLD HARMLESS AGREEMENT As a condition of the issuance of a temporary use permit to conduct its activities on public or private property, the undersigned hereby agree(s) to defend. indemnify and hold harmless the City of National City and the Parking Authority and its officers, employees and agents from and against any and all claims, demands, costs, losses, liability or, for any personal injury, death or property damage, or both, or any litigation and other liability, including attorneys fees and the costs of litigation, arising out of or related to the use of public property or the activity taken under the permit by the permittee or its agents, employees or contractors. Signature of Applicant: Official Title: President/CEO Date: Li/5—di Use y Certificate of Insurance Approved Date 10 556 of 647 J iilll,' THE CIIVyIBin April18, 2018 Resldent or Business Owner National City, CA 91950 .� M r._ , 20181 e: ,�o�, �� �z Morgan Square: Je:.� ,24"' Dear Resident/Business Owner: Rational City Chamber of Commerce 901 Ne Cy81vd. National city, CA, 91950 Business: (619) 477.9338 Fax: j619)477.5018 Earl: reynoso@nationaloilychamberog Websits: jji^ '.. : �� r.prn The National City Chamber of Commerce will be hosting a World Market at Morgan Square (9t St and National City Blvd.), every last Sunday of the month beginning on Sunday, June 24, 2018 from 11:00 am- 4:00 pm. Event set up will begin on Sunday, June 24, 2018 at approximately 8:00 am and event breakdown will end at approximately 6:00 pm. We are expecting approximately 100 people who come to enjoy elements such as food and business booths, live entertainment, art galleries and activities for kids. We would greatly appreciate your cooperation with the National City Chamber of Commerce to make the World Market at Morgan Square a great success. Public Parking is available at the Union Bank Parking Lot (22 E 8th St, National Clty, CA 91950) and the Southwestern College Forking Lot (901 Roosevelt Ave, National City, CA 91950). Thank you again for your continued support of community events that enrich the quality of life for National City residents and businesses. For event Information and questions, please call the National City Chamber of Commerce at (619) 477-9339. Slncereiy, br Jacqueline L Reynoso President/CEO National City Chamber of Commerce 557 of 647 Proposed Event Dates Programmed Activities Once a Month - Last Sundays (1 ik m4pm) e June24,2018 o July 29, 2018 • August 26, 2018 e September 30, 2018 • October 28, 2018 O November 25, 2018 Event Description The National City Chamber of Commerce Is working with community partners to activate Morgan Square in National City. CA as part of the City's new A,R,O,W. Program, to support National City's business attraction and community promotion goals. The newly adopted city program allows nonprofit organizations to adopt public spaces and bring it to life with fun activities such as Pop -Up Art Galleries, Dance Performances, or outdoor seating. Our goal is to activate Morgan Square Plaza in National City's Downtown to stimulate • the local economy, support the development of arts and culture. and embrace community building. Our vision is to bring together families, businesses, and the community at large to enjoy San Diego's rich diversity through art, music, crafts, culture, and goods. We plan to provide FREE WI -Ft access - City is assessing Wi-A expansion at Morgan Square, FREE Zumba / Yoga, FREE Live Art Displays and Exhibitions, FREE Art Classes, FREE Performances, Public Seating and Shading Areas, Street Library/ Book Nook, FREE Video/Movie Screenings against Chamber/Apartment wall. We will growth's event with the Programming and Marketing support of community partners, such as the City of National Ctty, San Diego Literacy Council, Woodbury University School of Architecture, New School of Architecture. Naval Base San Diego, YMCA of San Diego, ARTS. Southwestern College, Sweetwater High School, Artisan Vendor Association, Arts & Learning, Arts for Vets. t2 558 of 647 ,.r— —ii / .oserliyry• ACT7.Cr CERTIFICATE OF LIABILITY INSURANCE OP IDLT OATS; ::,1i.,,,,/'q P TE IS ISSUED AS WiTTIER ONLY ATE D NOT AFFIR T1Yf .Y ORONEGATI NEGATIVELY D, BELOV. THIS CERTIFICATE OF lNStJSANCE DDEl4 NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND RO a osymcgrE ALTER � Room Two BY THE POLICIES ), AUThOlizeD EXTEN D OR ThE AFFORDED A CONTRACT SEMEN THE ISSUING JN6UR _ ^AN3: if the+wtlteete heftier Is an ADDJ1W RL INSURED, the poi4�lec mud h ire ADD1itON te rouor a emer 'SUBROGATION_Alf It WAIVED, melest t s the tonne and Cif the Wall L potter's may resitsresits:40 en adores/mot A statement as ' Ode certificate does act confer debts tote eeraNcate holder In (tau e!suoh ands. wawa*It»nes #OT77 8orrartoYa1 Rd, .Sa hf* Dt Q1 _ Maly Blair ff . 8 2• If68.4624 tirriel ar[i e A i P P..,a Inde n co 18068 1�r g,►ein+dn� goi i (*mbaroi NOW aly, CASINO JIBIBILEI LailEitp MIMIF: O an Itaniess. TIQB 1E TO CERTIFY THAT THE poccuis OF INeDRANCIE LIMED BELOW HAW BEM Imam TO ME tweUiab tom ABOVE FOR 314E POLICY PERIOD gamtrimmer/dame ANY RBWiRY AB1�fENT, TWW OR OCNDl11ON OF ANY CONTRACT T OR OTTER DOCUMENT. Wall R ePEcT TO WHICH THIS EXCWSIC cERTIFICS! 4 Y BE � OF St POUOIER LIMITS 88 Ho IY E AVE EN DIEI BY� BY A t XES DESCRIED N [R BUB.Ii i IO AIL THE 3 , TYPSOFB 911ANCE Jt '! ' A X COMMIFIOn. MERULIAELrlY CIATAVVIADE® OCCUR X PIIPX1713195 59123/2517 POLICY ANrrONICO EUABILI r ANYAttrn _ A ONLY Motu X ONO FOLK' NiI PH11(1712155 0317312617 ONa28122 18 . Stu.&A fIN AY „EingnALAummeNix . - A'rOF ASO / $ c 011123=18 Isyla .Tercp rseem s 1:. 11000,009. 5,000,1100 3,000„0011 A X UNSIVILlA UAW CIJOIRMIADE x Remora 0,000 PHUB8006ST C812320t7 09f28r2016 1,050,055 �j ilk woo undrir tYf CSMERKIIME Isles Mai - I.L..DIeEABELinn DESICHMION CIPEPA110191MOOMINSlVl3 US PORDIST. MONA&W fleissokOs, aws besSinIssilrnontwotimtslessA THE CITY OF NATIONAL ITSF ELECTED OFFICIALS,EMPLOYEES D VOLUNTEERS A8THEIR RESPECIWE • MAY APPEAR ARE L4�AOAmONALINSURED RE: NAMED RUINE SIGNS LOCAGENERAL TED WIPER NE MUM OF NATIONAL C1'!Y CITY OF NATIONAL CITY • CIO RISK MANAGER 1243 NATIOMa. Gf fY BLVD. NATIONAL C1'1' Y, CA 82050 ACOkl 28 WINOS) NAT1A02 CANCELLATION SHOULD ANY OPMEAMINE DEScRIED POSIES nenancau.en SWORE THE ERINATION GALE MENEM NQME WU. LaE DRUMM Ed AOGORDANOS1fETHTIE POLEr p y , O 1388.2015 ACORD CORPORATION. A8 f The ACOJW name and RV are registered Mks of ACORD 559 of 647 POLM' NUMBER: PHPK1713195 COIVMERCL L LIASEUTY O202604le THIS ENDORSEMENT CHANG THE POLICY* PLEASE READ IT CAREFULLY. ADDITIONAL ZONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement mot:Elea Insurance provided under the following: COMMERCIAL GENERAL LLABILrTY `RAGE PART Lf's mane Of Additional Inured Persons} Or Organizations); 'eke city of National city (see ma on pt) irformat1on = •{ red to lete this Sol in if not slim above will be shown In the iularatiora. A. Section i1— Who Is An insured le emended to include as an additional insured the person(s) or orgertizaSion(e) etwiwn In the Schedule, but only with respect to liability for "bodily Injury', "prop° damage" or "personal and advertising Injur' In whole or In part, by your sate or ornIsekos or the eots or omissions of those acting on your behalf: 1. In time performanoe of your ongoing operations; or 2 In oonratlon wi h your premises owned by or recited to you. However: 1. The Insuranoe afforded to such additional insured only applies to the extent permitted by law; and 2. if coverage provided to the additional Insured is required by a contract or agreement, the Insurance ce afforded to etch additional Insured will not be mar than that whioh you are required by the conb sot or agreement to amide for truth additional Insured. a. VVith respect to the insurance afforded to these adtiional Insureds, the following le added to Section Q — Limits Of Insurance: tf °overage provided to the additional insured le required by a cor hoot or agreement, the most we will pay on behalf of the additional Insured le the amount of insurance: 1. Requires by the oontraot or agreement; or 2. Avalnble ureter the applicable Limits o; In nuns shown In the Declarations; whichever is leee. This endorsement shall not Inoresee the applicable Limits of hmsu canoe shown in the Deoloralons. t O 20 29041E ;O insurance Services Offioe, ino., 2012 Page1.1of :4 14 560 of 647 KEY Activations (t0' x 101 , Booth Spaces Book Woks Acoustic Stage , Performances Pop Up Art Shows • Y▪ oga Sessions (2) food Booths NMI' Benches (74"x 25") r♦ Existing Trash Cans (30" Diameter) • Additional Trash Cans ▪ Monument (27"x 271 1, Low Platform Stage (SizeTBD) Existing Planters (16ft x 10ft) x2 (25ft x 10ft) x2 Utility Boxes UTILITIES NEEDED Existing Electrical Outlets FURNITURE NEEDED Existing Bench Seating (x4) Public WiFi Available Hours Of Operation Every test Sunday of Every Month Set up-90Oam Event -11:Wam-4:L0pm 561 of 647 CITY OF NATIONAL CITY NEIGHBORHOOD SERVICES DEPARTMENT APPLICATION FOR A TEMPORARY USE PERMIT RECOMMENDATIONS AND CONDITIONS; SPONSORING ORGANIZATION: National City Chamber of Commerce EVENT: World Market DATE OF EVENT: June 24th, July 29th, August 26th, September 30th, October 28th 8> November 25th APPROVALS' DEVELOPMENT SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] RISK MANAGER YES [ x ] NO [ ] SEE CONDITIONS [ x ] PUBLIC WORKS YES [ x ] NO [ ] SEE CONDITIONS [ x ] FINANCE YES [ x ] NO [ ] SEE CONDITIONS [ x ] FIRE YES [ x ] NO [ ] SEE CONDITIONS [ x ] POLICE YES [ x ] NO [ ] SEE CONDITIONS [ x ] CITY ATTORNEY YES [ x ] NO [ ] SEE CONDITIONS [ x ] COMMUNITY SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ ] NEIGHBORHOOD SERVICES YES [ x ] NO [ ] SEE CONDITIONS [ x ] CONDITIONS OF APPROVAL: DEVELOPMENT SERVICES (619) 336-4318 Building No comments Planning All activities shall comply with the limits stated in Table III of Title 12 (Noise) of the National City Municipal Code. Engineering No comments POLICE DEPARTMENT have reviewed the World Market TUP. It appears this is a new program to our City that really doesn't have a large group anticipated to attend this event at the start. My recommendation would be for our patrol officers to conduct extra patrol at the square during the event and assess for future events if there will be a need for more security measures. As always, we welcome meeting with the organizer to provide any preventive/security suggestions. 562 of 647 CITY ATTORNEY Approved on condition that Risk Manager approves. COMMUNITY SERVICES No involvement 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. RISK MANAGER (619) 336-4370 Risk Management has reviewed the above captioned request to for the issuance of a Temporary Use Permit. It is recommended that as a condition of the issuance of the permit that the following documents must be provided: ® A valid copy of the Certificate of Liability Insurance. B That the insurance policy must have a combined single limit of no less than $1,000,000.00 (ONE MILLION DOLLARS) and $2,000,000.00 (TWO MILLION DOLLARS) in aggregate that would cover the date and location of the event. • The applicant must provide a separate additional insured endorsement wherein it notes as the additional insured as "The City of National City, its officials, agents, employees and volunteers". That the insurance company issuing the insurance policy must have a A.M. Best's Guide Rating of A:VIJ and that the insurance company is a California admitted company; if not then insurance policy must be submitted to the Risk Management Department for review and approval prior to the issuance of the Temporary Use Permit. O The Certificate Holder must reflect: City of National City c/o Risk Manager 1243 National City Boulevard National City, CA. 91950-4301 563 of 647 FINANCE All vendors will need a business license. All food vendors will need a business license and health permit. PUBLIC WORKS (619)366-4580 Facilities Division 5 hours x $20.00= $100.00 per event for electrical use. No staff hours needed. Total $600.00 for six events. Parks Division Applicants must do litter control during and after event, spoils must be dispose of by applicant. Streets Division No involvement FIRE (619) 336-4550 AFTER HOUR'S INSPECTION FEES WILL APPLY FOR COOKING BOOTHS, $200.00 FOR 6 INSPECTIONS TOTALS $1,200.00, ADDITIONAL FEE'S MAY APPLY FOR CANOPIES Stipulations required by the Fire Department for this event are as follows: 1) Access to Morgan Square is to be maintained at all times. 2) Fire Department access into and through the event areas are to be maintained at all times. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of not less than 14 feet. 3) Access shall be maintained to all Fire Hydrants, Fire Department Connections for Fire Sprinkler Systems, Standpipes, etc. 4) Participants on foot are to move immediately to the sidewalk upon approach of emergency vehicle(s). 5) Vehicles in roadway are to move immediately to the right upon approach of emergency vehicle(s). 564 of 647 6) Any electrical power used is to be properly grounded and approved. Extension cords shall be used as "Temporary Wiring" only. 7) If tents or canopies are used, tents having an area in excess of 200 square feet and or canopies in excess of 400 square feet or multiple tents and or canopies placed together equaling or greater than the above statedareas, are to be used, they shall be flame-retardant treated with an approved State Fire Marshal seal attached. A ten feet separation distance must be maintained between tents and canopies. A permit from the Fire Department must be obtained. Cooking shall not be permitted wader tents or canopies. Warming only will be allowed under the tents or canopies if they meet "State Fire Marshal" Flame Resistance. (Contact the NCFD Marshal if you have questions) Canopies: 0 — 400 sf - $0 401 — 500 sf - $250.00 501 — 600 sf - $300.00 601 — 700 sf - $400.00 Tents: 0 —200 sf - $200.00 201 — (+) sf - $400.00 9) All cooking booths or areas to have one 2A:10BC fire extinguisher. If grease or oil is used in cooking a 40:BC or class "K" fire extinguisher will be required. Alt fire extinguishers to have a current State Fire Marshal Taq attached. Please see attached example. 10) A fire safety inspection is to be conducted by the Fire Department prior to operations of the event to include all cooking areas etc. 11) You listed 3 food vendors for every Sunday event day. If they are cooking it will possibly require an after hour's inspection for each event day? 12) Canopies appear to close together on the map, if all are flame retardant please provide certification. An additional permit may be required if combined totals are over 400 square feet. If not separation distances must be met contact NCFD for more information. 13) If the stage has a cover, roof or walls please provide the flame resistance certifications for the fabrics. 14) Provide a 2A:10BC fire extinguisher at stage if stage is being used. Extinguisher to be mounted in a visible location between 3'/'to 5' from the floor to the top of the extinguisher. Maximum travel distance from an extinguisher shall not be more than 75 feet travel distance. 565 of 647 15) Internal combustion power sources (Generators/Transformers) shall be isolated from contact with the public by either physical guards, fencing or an enclosure. Internal combustion power shall be at least 20 feet away from the tent and shall be provided with a fire extinguisher rated at minimum of 10 B-C. 16) Internal combustion power sources that may be used for "Generator" shall be of adequate capacity to permit uninterrupted operation during normal operating hours. 566 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 567 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 approving the Kimball and Morgan Tower annual budgets ending August 31, 2019 that include a $23 a month per unit increase from $737 to $760 for the total ren 567 of 647 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City approving the Kimball and Morgan Tower annual budgets ending August 31, 2019 that include a $23 a month per unit increase from $737 to $760 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. PREPARED BY: Carlos Aguirre, Acting Director of Housing and Economic Development PHONE: 619-336-4391 EXPLANATION: See Attachment No. 1 for an explanation. DEPARTMENT: Housing & Economic Development APPROVE FINANCIAL STATEMENT: APPROVED: APPROVED: 'il,14 Finance MIS The funding source is Morgan and Kimball Tower rental revenues and Section 8 rental subsidies from the U.S. Department of Housing and Urban Development. There is no cost to the City's General Fund. ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1: Staff Report 2: Kimball Tower Annual Budget 3: Morgan Tower Annual Budget 4: Resolution 568 of 647 Attachment No. 1 2017-2018 Kimball and Morgan Tower Budgets Falkenberg, Gilliam and Associates, Inc. ("FGA") has been the property management company for the Kimball and Morgan Towers since 1995. Each year, an operating budget for each building is prepared by the management company and is reviewed and approved by the Community Development Commission -Housing Authority of the City of National City ("CDC -HA"). Kimball Tower Budget Kimball Tower is a 151 unit complex located at 1317 D Avenue owned free and clear of debt by the CDC -HA. Of the 151 total units, two units are reserved for property management staff and 149 units will receive rental subsidies from the U.S. Department of Housing and Urban Development (HUD) through the CDC -HA Section 8 Housing Choice Voucher program. Currently, residents pay 30% of income up to a maximum of $625 per month for rent. Current rent levels are able to absorb projected increases in expenses and a rent increase is not proposed in the Kimball Tower budget. For the budget year ending August 31, 2019, the projected annual income is $1,128,175 and the projected total cost of operations is $1,029,827. Although this presents a net cash surplus of $98,348, the property management company is required by the CDC - HA to place $84,000 annually in a replacement reserve account. Replacement reserves are funds restricted for the replacement of appliances, carpeting, or other unbudgeted building maintenance charges. As of March 31, 2016, the balance of the replacement reserve fund was $1,441,460. After funding the reserve account with an additional $84,000, the projected net income for Kimball Tower is estimated to be $15,087. Morgan Tower Budget Morgan Tower is a 152-unit complex located at 1415 D Avenue. 151 units at Morgan Tower are eligible to receive rental subsidies through a U.S. Department of HUD Project -based Section 8 Housing Assistance Program (HAP) contract. One unit is reserved for property management staff. There are currently four residents who pay the contract rent of $737. FGA is proposing a rent increase of $23 from $737 to $760, which would be possible based on HUD's Annual Adjustment Factor (AAF). The proposed effective date for the rent increase is September 1, 2018. Households receiving a Section 8 subsidy will not feel the impact of this rental increase due to the fact that the proposed rent increase will be covered by the HAP rent subsidy. For the budget year ending August 31, 2019, the projected annual income is $1,371,146 and total cost of operations is projected at $1,350,146 which includes loan payments that total $360,056 for the year and monthly replacement reserve deposits at $37,524 annually which is $3,127 per month. The balance of the replacement reserve account as of March 31, 2018 was $419,833 and the residual receipt account had an outstanding balance of $343,075. The projected net income for Morgan Tower is estimated to be $20,878. Staff recommends adopting the proposed Morgan Tower and Kimball Tower budgets for the Fiscal Year 2018-2019. 1 of 2 569 of 647 KIMBALL TOWER 2018 Budget Narrative Attachment No. 2 SUMMARY Kimball Tower is in process of selling the property and obtaining additional funding. Meanwhile, the rent adjustment and annual budget requests are due. The 2018 Budget does not propose a rent increase. The building has adequate funding in the revenue account and in reserve funds to pay for proposed increases in expense items. Even though the rents are $625 for the one - bedroom units, the most that a tenant pays is 30% of their income. On average tenants pay $268 for their unit. ACCT. DESCRIPTION 5120 Rental Revenue 5220 Vacancy Factor 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 6203 Conventions and Meetings 6204 Management Consultants 6310 6311 6320 6330 Office Salaries Office Expenses Management Fee Manager's Salaries 6331 Admin. Rent -Free Units 6340 6350 6351 Legal Expenses Auditing Expenses Bookkeeping Fees / Accounting Services 6390 Misc. Administrative Expenses EXPLANATION The proposed rents are as follows: Unit Type # of Units Current Rent One -Bedroom 151 $625 Budgeted at 1% of rents. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and water vending income. Budgeted per current for Manager and Assistant Manager to attend annual occupancy seminar (which includes training, food and lodging) at $2,000 plus two additional classes at $500 each. Also budgeted for Maintenance staff members to attend annual maintenance seminar at $1,050. Budgeted at $25,000 for asset management fee. Budgeted per current for assistance in processing rents at $799 per month plus $500 for additional work related to front-line assistance. Also budgeted for Rosario Pritchard, office assistant, working 40 hours per week at $3,120 per month plus 5%. Included additional amount for sick and overtime. Also included for 5% year-end bonuses, in lieu of pension contributions. Budget amount is high due to increased working hours for the office assistant. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted at current rate of 7.50% of net rental, vending machine and laundry revenue. Management fee has not increased since 2011. Budgeted per current plus 5% for Irma Garcia, Manager, working 40 hours per week, earning $2,448 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Flora Goulev, Assistant Manager, working 32 hours per week, earning $3,328 per month. Budgeted additional amount for overtime, sick and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted for two staff units at $625 each per month for the superintendent's unit and assistant manager's unit. Budgeted at $500 for project related legal expenses. Budgeted per audit plus $500 for annual audit, electronic submission and filing fees. Budgeted for project computer software updates at $500, project computer maintenance at $1,638 and web -based occupancy software at $1,744. Also included allowable bookkeeping fees of $7 per door per month for centralized services. Budgeted per current for a service coordinator at $1,050 per month. The service coordinator helps the elderly residents obtain supportive services from the community in order to help them live independently and in their home. Prepared by Falkenberg/Glliam &.Associates, Inc. ■ Managing Agents 1560 West Colorado Boulevard, P.O. Bo) lena, CA 91109-7070 ■ (323) 258-3512 570 of 647 Kimball Tower ACCT. DESCRIPTION 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 Supplies 6520 Contracts 6525 Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6590 Nutrition Center Expenses 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits Reserve for Replacement Deposits 2018 Budget Narrative EXPLANATION Budgeted per 12-month current total of $62,449 plus 5%. Budgeted per 12-month current total of $45,877 plus 5%. Budgeted per 12-month current total of $39,456 plus 5%. Budgeted per current annual sewer fee of $45,300. Attachment No. 2 Page 2 Budgeted per current plus 5% for Bill Jiles, Superintendent, working 40 hours a week earning $2,687 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Jordan Goulev, Assistant Superintendent, working 40 hours a week earning $4,160 per month and for Edgar Aramburo, Maintenance working 40 hours a week earning $3,467 per month. Budgeted additional amount for sick, overtime and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted per audit (less $10,590 for purchase of refrigerators and stoves, which are eligible to be reimbursed from the reserve fund) plus 5% for cleaning supplies, plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $22,824, for capital needs items, such as unit flooring, asphalt repairs and elevator repairs) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, exterminating, generator service, etc. Current is high because it includes unit flooring at $21,883. Budgeted per 12-month current total of $14,688 plus 5%. Budgeted per audit (less $8,657 for surveillance camera costs, which are non- recurring) plus 5% for guard service, quarterly fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per audit plus 5% for heating and cooling repairs. Budgeted at $500 for nutrition center expenses. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per audit plus 5% for property and liability insurance. Budgeted per audit plus 5% for worker's compensation insurance. Budgeted per current plus 5% for five employees at monthly cost of $3,989 for health insurance, $30 for life insurance and $81 for dental insurance. Audit was low due to personnel changes. Budgeted at $500 for elevator inspection fees and hazmat material fees. Budgeted per monthly deposit of $7,000. May 23, 2018 Prepared by Falkenber°g/Gilliam & Associates, Inc, ■ Managing Agents 1560 West Colorado Boulevard, P.O. Box 70: 571 of 647 a, CA 91109-7070 ■ (323) 258-3512 Budget Worksheet Income and Expense Projections U.S. Department of Housing and Urban Development Office of Housing Federal Housing Commissioner OMB A®h¢AQ324 (exp. 12/31/2014) Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. This information is collected in accordance with Title II of the National Housing Act which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant participation in the rent increase process, which is included in Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered is not of a confidential nature. The information is required in order to obtain benefits. Project Number Name of Project KIMBALL TOWER Description of Account Acct. No. Audit (FYE 6/30/2017) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/18-8/31/19 PUPM 151/12 Rental Rent Revenue - Gross Potential 5120 495,919 273.69 381,242 280.53 495,828 273.64 Income Tenant Assistance Payments 5121 636,789 351.43 468,020 344.39 636,672 351.36 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Special Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential at 100% Occupancy 5100T 1,132,708 625.11 849,262 624.92 1,132,500 625.00 Vacancies Apartments 5220 2,165 1.19 3,256 2.40 11,325 6.25 5200 Stores and Commercial 5240 - - - Rental Concessions 5250 - - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 5200T 2,165 1.19 3,256 2.40 11,325 6.25 Net Rental Revenue (Rent Revenue less Vacancies) 5152N 1,130,543 623.92 846,006 622.52 1,121,175 618.75 Income Nursing Homes/Assisted Living/Board & Care/ Other 5300 Elderly Care/ Coop/ Other Revenues 5300 Financial Financial Revenue - Project Operations 5410 23 0.01 16 0.01 - Revenue Revenue from Investments - Res. Rec. 5430 - - - 5400 Revenue from Investments - Repl. Res 5440 3,684 2.03 - - Revenue from Investments - Miscellaneous 5490 - - - - Total Financial Revenue 5400T 3,707 2.05 16 0.01 0 - Other Laundry and Vending Revenue 5910 7,739 4.27 6,441 4.74 7,739 4.27 Revenue Tenant Charges 5920 - - - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - - Miscellaneous Revenue 5990 30 0.02 160 0.12 - Total Other Revenue 5900T 7,769 4.29 6,601 4.86 7,739 4.27 Total Revenue 5000T 1,142,019 630.25 852,623 627.39 1,128,914 623.02 Admin. Conventions and Meetings 6203 2,616 1.44 5,011 3.69 4,050 2.24 Expenses Management Consultants 6200/ 6204 25,000 13.80 - 25,000 13.80 Advertising and Marketing 6300 6210 215 0.12 ' Other Renting Expense 6250 - - - - - Office Salaries 6310 35,750 19.73 33,804 24.87 52,772 29.12 Office Expenses 6311 19,954 11.01 16,044 11.81 20,952 11.56 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 84,540 46.66 63,151 46.47 83,544 46.11 Manager or Superintendent Salaries 6330 70,152 38.72 52,877 38.91 78,748 43.46 Administrative Rent Free Unit 6331 15,000 8.28 11,250 8.28 15,000 8.28 Legal Expenses - Project 6340 257 0.14 - - 500 0.28 Audit Expenses 6350 7,350 4.06 7,718 ; 5.68 7,850 4.33 Bookkeeping Fees/Accounting Services 6351 14,349 7.92 12,064 r 8.88 16,566 9.14 Miscellaneous Administrative Expenses 6390 12,600 6.95 158.82 9,450 6.95 155.53 12,600 6.95 Total Administrative Expenses 6263 T 287,783 211,369 317,582 175.27 Previous editions are obsolete 572 of 647 ref. Handbook 4350.1 form HUD-92547-A (8/2000) Project Number Name of Project KIMBALL Attachment TOWER No. 2 Description of Account Acct. No. Audit (FYE 6/30/2017) PUPM 151/12 Current FY , PUPM (noof mos. 9 ) 151/9 Budget from 9/1/18-8/31/19 PUPM 151/12 Utilities Fuel Oil/Coal 6420 6400 Electricity 6450 55,790 30.79 48,266 35.52 65,571 36.19 Water 6451 42,706 23.57 38,939 28.65 48,171 26.58 Gas 6452 40,342 22.26 29,266 21.53 41,429 22.86 Sewer 6453 45,300 25.00 33,975 25.00 45,300 25.00 Total Utilities Expense 6400 T 184,138 101.62 150,446 110.70 200,471 110.64 Operating & Payroll 6510 127,980 70.63 94,098 69.24 140,136 77.34 Maint. Supplies 6515 51,442 28.39 39,421 29.01 42,895 23.67 Expenses Contracts 6500 6520 128,732 71.04 115,846 85.24 111,204 61.37 Operating and Maintenance Rent Free Unit 6521 - - - Garbage and Trash Removal 6525 14,333 7.91 11,093 8.16 15,422 8.51 Security Payroll/Contract 6530 45,409 25.06 24,256 17.85 38,590 21.30 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 34,233 18.89 38,776 28.53 35,945 19.84 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 - - 769 0.57 500 0.28 Total Operating & Maintenance Expenses 6500 T 402,129 221.93 324,259 238.60 384,692 212.30 Taxes & Real Estate Taxes 6710 - - Insurance Payroll Taxes (Projects share) 6711 20,221 11.16 14,993 11.03 21,354 11.78 6700 Property and Liability Insurance (Hazard) 6720 42,529 23.47 31,511 23.19 44,655 24.64 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 8,493 4.69 5,220 3.84 8,918 4.92 Health Insurance & Other Employee Benefits 6723 35,959 19.84 29,309 21.57 51,655 28.51 Misc. Taxes, Licen., Permits, & Insurance 6790 701 0.39 0 - 500 0.28 Total Taxes & Insurance 6700T 107,903 59.55 81,033 59.63 127,082 70.13 Financial Interest on Mortgage Payable 6820 - - - - - Expenses Interest on Notes Payable (Long -Term) * 6830 6800 Interest on Notes Payable (Short -Term) * 6840 Mortgage Insurance Premium/Service Charge 6850 - - - Miscellaneous Financial Expenses 6890 Total Financial Expenses • 6800 T - - - - - - Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Caret Coop/ Other 6900 Total Cost of Operations 6000T 981,953 541.92 767,107 564.46 1,029,827 568.34 Reserve for Replacements Dep. Required 84,000 46.36 63,000 46.36 84,000 46.36 Principal Payments Required - - - - - - Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 1,065,953 588.27 830,107 610.82 1,113,827 614.69 Less Total Revenue 1,142,019 630.25 852,623 627.39 1,128,914 623.02 Net Cash Surplus (Deficiency) 76,066 41.98 22,516 16.57 15,087 8.33 5/23/2018 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (Signature) Date (mm/dd/yyyy) Pr$vioitions are obsolete *HUD Approved Secondary Financing page 2 of 2 Only for Budget Projections. ref. Handbook 4350.1 form HUD-92547-A (8/2000) 573 of 647 MORGAN TOWER 2018 Budget Narrative Attachment No. 3 SUMMARY Morgan Tower is in process of refinancing its loan. Meanwhile, the annual budget and rent adjustment requests are due. The 2018 Budget proposes a rent increase based on HUD's annual adjustment factor. We will submit this rent adjustment request and anticipate rents to be effective September 1, 2018. There are currently five residents who do not participate in the Section 8 program and will be affected by this rent increase. ACCT. DESCRIPTION 5120 Rental Revenue 5220 Vacancy Factor 5430 Revenue from Investments - Residual Receipts 5440 Revenue from Investments - Replacements Reserves 5910 Laundry and Vending 6203 Conventions and Meetings 6210 Advertising and Marketing 6250 Other Renting Expenses 6310 Office Salaries 6311 Office Expenses 6320 Management Fee 6330 Manager's Salaries 6340 6350 6351 Legal Expenses Auditing Expenses Bookkeeping Fees / Accounting Services 6390 Misc. Administrative Expenses EXPLANATION The nronosed rents are as follows: Unit Type # of Units Current Rents Proposed Increase Proposed Rents One -Bedroom 151 $737 $23 $760 One -Bedroom 1 Non -Revenue Producing Unit —Staff Budgeted at 1% of rental income. Budgeted at $0. The amount remains in the residual receipts account and may not be used for operations. Budgeted at $0. The amount remains in the reserve for replacement account and may not be used for operations. Budgeted per audit for laundry and vending machine income. Budgeted per current for Manager and Assistant Manager to attend annual occupancy seminar (which includes training, food and lodging) at $2,000 plus two additional classes at $500 each. Also budgeted for Maintenance staff members to attend annual maintenance seminar at $700. Budgeted at $500 for classified advertising of rental units (Affirmative Marketing). Budgeted at $500 for background screening fees of potential tenants. Budgeted per current for assistance in processing HUD paperwork at $802 per month plus $1,750 for additional work related to front-line assistance. Budgeted per audit plus 5% for telephone and Internet, office equipment and maintenance, printing and copying expenses, office supplies, postage, etc. Budgeted per current contract rate at 6.50% of net rental, vending machine and laundry revenue. Management fee hasn't increased since 2014. Budgeted per current expense plus 5% for Irma Garcia, Manager, working 40 hours per week, earning $2,448 per month. Note that the manager's salary is split between Morgan and Kimball Towers. Also budgeted for Nohely Gonzales, Assistant Manager, working 32 hours per week, earning $2,357 per month. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Current is lower than audit due to personnel changes. Budgeted at $500 for project related legal expenses. Budgeted per current plus 5% for annual audit, electronic submission and filing fees. Budgeted for project computer software updates at $150, project computer maintenance at $1,638 and web -based occupancy software at $2,212. Also included allowable bookkeeping fees of $7 per door per month for centralized services. Budgeted per current for Resident Council at $100 per month, and for a service coordinator at $1,050 per month and her monthly internet usage at $39 per month. The service coordinator helps the elderly residents obtain supportive services from the community to help them live independently and in their home. Prepared by Falkenlberg/Gilliz 1560 West Colorado Boulevard, P.O. Bo) CI A 574 of 647 tes, Inc, ■ Managing Agents Jena, CA 91109-7070 • (323) 258-3512 Morgan Tower ACCT. DESCRIPTION 6450 Electricity 6451 Water 6452 Gas 6453 Sewer 6510 Payroll 6515 6520 Supplies Contracts 6525 Trash Removal 6530 Security Payroll/ Contract 6546 Heating/Cooling Repairs 6590 Misc. Operating Expense 6711 Payroll Taxes 6720 Property and Liability Insurance 6722 Worker's Compensation 6723 Health Insurance & Other Employee Benefits 6790 Misc. Taxes, Licenses and Permits 6820 Mortgage Interest 6850 Mortgage Insurance Premium Reserve for Replacement Deposits Principal Payments 2018 Budget Narrative EXPLANATION Budgeted per I2-month current total of $59,245 plus 5%. Budgeted per 12-month current total of $52,190 plus 5%. Budgeted per 12-month current total of $42,934 plus 5%. Budgeted per current annual sewer fee of $45,600. Attachment No. 3 Page 2 Budgeted per current expense plus 5% for Bill Jiles, Superintendent, working 40 hours a week earning $2,687 per month. Note that the Superintendent's salary is split between Morgan and Kimball Towers. Also budgeted for Philip Flores, Maintenance, working 40 hours a week earning $4,333 per month and for Keyanue McCallon, Maintenance working 40 hours a week earning $4,767. Budgeted additional amount for overtime, sick time and salary increases. In addition, budgeted for 5% year-end bonuses, in lieu of pension contributions. Budgeted per audit (less $13,959 for purchase of refrigerators/stoves, which are eligible to be reimbursed from the reserve fund) plus 5% for cleaning and plumbing supplies, electrical and maintenance supplies, appliance parts, paint, and hardware and tools, etc. Budgeted per audit (less $33,282 for flooring and refinishing tubs, all of which are eligible to be reimbursed from the reserve fund) plus 5% for elevator maintenance, plumbing and electrical repair, carpet cleaning, landscaping, generator service, etc. Budgeted per 12-month current total of $14,688 plus 5%. Budgeted per audit (less $5,192 for installation of surveillance cameras, which was reimbursed from the reserve fund) plus 5% for guard service, fire alarm inspections, annual fire alarm monitoring, fire/sprinkler alarm repairs, smoke detector purchases and installation, and fire extinguisher service. Budgeted per audit (less $28,415 for replacement of boiler valve body, tubes and actuator, which was reimbursed from the reserve fund) plus 5%. Budgeted per audit plus $500 for nutrition center expenses. Budgeted at 7.65% of salaries for Social Security and Medicare plus $224 each for SUI/ETT taxes. Budgeted per audit plus 5% for property and liability. Budgeted per audit plus 5% for worker's compensation. Budgeted per current plus 5% for four employees at monthly cost of $3,316 for health insurance, $24 for life insurance and $65 for dental insurance. Budgeted at $500 for elevator inspection fees and generator permit fees. Budgeted per amortization schedule. Monthly mortgage payment including interest is $30,004.67. Mortgage matures August 2019. Budgeted per amortization schedule. Mortgage matures August 2019. Budgeted per current monthly deposit amount of $3,127. Budgeted per amortization schedule. Monthly mortgage payment including principal is $30,004.67. Mortgage matures August 2019. May 18, 2018 Prepared by Fal ! ,enb:erg/Gillin 1560 West Colorado Boulevard, P.O. Box 707C 575 of 647 tes, Inc. ■ Managing Agents CA 91109-7070 ■ (323) 258-3512 Budget Worksheet Income -and Expense Projections and Urban Development Office of Housing Federal Housing Commissioner Public reporting burden for this collection of information is estimated to average 1.5 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. This information is collected in accordance with Title II of the National Housing Act which requires that HUD regulate rents for certain cooperative and subsidized rental projects. The Department formulated the processes by which owners could request increases. The requirements for tenant participation in the rent increase process, which is included in Section 202 (b) of the HCD Amendments of 1978, necessitated that the Department design procedures to give consideration for tenant comments. The information gathered is not of a confidential nature. The information is required in order to obtain benefits. Project Number U.S. Department of Housing OMB Alamo11 ofe ggc,9334 (exp. 12/31/2014) Name of Project 129-38013 MORGAN TOWER Description of Account Acct. No. Audit (FYE 6/30/2017) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/18-8/31/19 PUPM 151/12 Rental Rent Revenue - Gross Potential 5120 517,296 285.48 - 394,777 290.49 551,023 304.10 Income Tenant Assistance Payments 5121 775,533 428.00 601,710 442.76 826,097 455.90 5100 Rent Revenue - Stores & Commercial 5140 - - - Garage & Parking Spaces 5170 - - - Flexible Subsidy Revenue 5180 - - - Miscellaneous Rent Revenue 5190 - - - Excess Rent 5191 - - - Rent Revenue/Insurance 5192 - - - Special Claims Revenue 5193 - - - Retained Excess Income 5194 - - - Total Rent Revenue Potential at 100% Occupancy 5100T 1,292,829 713.48 996,487 733.25 1,377,120 760.00 Vacancies Apartments 5220 3,649 2.01 1,875 1.38 13,771 7.60 5200 Stores and Commercial 5240 - - - Rental Concessions 5250 - - - Garage & Parking Spaces 5270 - - - Miscellaneous 5290 - - Total Vacancies 5200T 3,649 2.01 1,875 1.38 13,771 7.60 Net Rental Revenue (Rent Revenue less Vacancies) 5152N 1,289,180 711.47 994,612 731.87 1,363,349 752.40 Income Nursing Homes/Assisted Living/Board & Care/ Other 5300 Elderly Care/ Coop/ Other Revenues 5300 Financial Financial Revenue - Project Operations 5410 6 0.00 7 0.01 - Revenue Revenue from Investments - Res. Rec. 5430 1,253 0.69 - - 5400 Revenue from Investments - Repl. Res 5440 895 0.49 - - Revenue from Investments - Miscellaneous 5490 - - - - Total Financial Revenue 5400T 2,154 1.19 7 0.01 0 - Other Laundry and Vending Revenue 5910 7,675 4.24 5,665 4.17 7,675 4.24 Revenue Tenant Charges 5920 20 0.01 100 0.07 - 5900 Interest Reduction Payments Revenue 5945 - - - Gifts (nonprofits) 5970 - - - Miscellaneous Revenue 5990 - - - Total Other Revenue 5900T 7,695 4.25 5,765 4.24 7,675 4.24 Total Revenue 5000T 1,299,029 716.90 1,000,384 736.12 1,371,024 756.64 Admin. Conventions and Meetings 6203 2,700 1.49 3,826 2.82 3,700 2.04 Expenses Management Consultants 6204 - - - 6200/ Advertising and Marketing 6300 6210 145 0.08 80 0.06 500 0.28 Other Renting Expense 6250 387 0.21 237 0.17 500 0.28 Office Salaries 6310 9,562 5.28 9,560 7.03 11,374 6.28 Office Expenses 6311 8,768 4.84 8,988 6.61 9,206 5.08 Office or Model Apartment Rent 6312 - - - - Management Fee 6320 84,158 46.44 65,047 47.86 89,117 49.18 Manager or Superintendent Salaries 6330 73,142 40.37 47,308 34.81 66,435 36.66 Administrative Rent Free Unit 6331 Legal Expenses - Project 6340 257 0.14 - - 500 0.28 Audit Expenses 6350 7,350 4.06 7,718 5.68 8,104 4.47 Bookkeeping Fees/Accounting Services 6351 14,846 8.19 12,465 9.17 16,768 9.25 Miscellaneous Administrative Expenses 6390 14,897 8.22 10,727 7.89 14,268 7.87i 121.67 Total Administrative Expenses 6263 T 216,212 119.32 165,956 122.12 220,472 Previous editions are obsolete 576 of 647 ref. Handbook 4350.1 form HUD-92547-A (8/2000) Project Number Name of Project Attachment No. 3 129-38013 MORGAN TOWER Description of Account Acct. No. Audit (FYE 6/30/2017) PUPM 151/12 Current FY (no. of mos. 9) PUPM 151/9 Budget from 9/1/18-8/31/19 PUPM 151/12 Utilities Fuel Oil/Coal 6420 w 6400 Electricity 6450 52,228 28.82 45,815 33.71 62,207 34.33 Water 6451 49,012 27.05 40,466 29.78 54,800 30.24 Gas 6452 40,616 22.42 31,678 23.31 45,081 24.88 Sewer 6453 45,600 25.17 34,200 25.17 45,600 25.17 Total Utilities Expense 6400 T 187,456 103.45 152,159 111.96 207,688 114.62 Operating & Payroll 6510 140,559 77.57 107,556 79.14 160,084 88.35 Maint. Supplies 6515 48,600 26.82 32,163 23.67 36,373 20.07 Expenses Contracts 6500 6520 138,424 76.39 88,064 64.80 110,399 60.93 Operating and Maintenance Rent Free Unit 6521 - - - Garbage and Trash Removal 6525 14,333 7.91 11,093 8.16 15,422 8.51 Security Payroll/Contract 6530 42,773 23.61 25,394 18.69 39,460 21.78 Security Rent Free Unit 6531 - - - Heating/Cooling Repairs and Maintenance 6546 67,427 37.21 20,368 14.99 40,963 22.61 Snow Removal 6548 - - - Vehicle & Maint. Equip. Oper. and Repair 6570 - - - Misc. Operating & Maintenance Expenses 6590 4,743 2.62 5,317 3.91 5,243 2.89 Total Operating & Maintenance Expenses 6500 T 456,859 252.13 289,955 213.36 407,944 225.13 Taxes & Real Estate Taxes 6710 - - Insurance Payroll Taxes (Project's share) 6711 17,730 9.78 13,483 9.92 18,449 10.18 6700 Property and Liability Insurance (Hazard) 6720 43,235 23.86 32,033 23.57 45,397 25.05 Fidelity Bond Insurance 6721 - - - Workmen's Compensation 6722 7,739 4.27 4,597 3.38 8,126 4.48 Health Insurance & Other Employee Benefits 6723 39,318 21.70 22,827 16.80 42,903 23.68 Misc. Taxes, Licen., Permits, & Insurance 6790 410 0.23 0 - 500 0.28 Total Taxes & Insurance 6700T 108,432 59.84 72,940 53.67 115,375 63.67 Financial Interest on Mortgage Payable 6820 56,286 31.06 30,235 22.25 16,098 8.88 Expenses Interest on Notes Payable (Long -Term) * 6830 6800 Interest on Notes Payable (Short -Term) * 6840 Mortgage Insurance Premium/Service Charge 6850 4,323 2.39 2,494 1.84 1,087 0.60 Miscellaneous Financial Expenses 6890 Total Financial Expenses 6800 T 60,609 33.45 32,729 24.08 17,185 9.48 Expenses Nursing Homes/Assisted Living/Board & 6900 Care/Other Eld. Care/ Coop/ Other 6900 Total Cost of Operations 6000T 1,029,568 568.19 713,739 525.19 968,664 534.58 Reserve for Replacements Dep. Required 37,524 20.71 28,143 20.71 37,524 20.71 Principal Payments Required 302,135 166.74 239,807 176.46 343,958 189.82 Debt Service for other approved loans Debt Service Reserve (if required) General Operating Reserve (Coops) Total Cash Requirements 1,369,227 755.64 981,689 722.36 1,350,146 745.11 Less Total Revenue 1,299,029 716.90 1,000,384 736.12 1,371,024 756.64 Net Cash Surplus (Deficiency) (70,198) (38.74) 18,695 13.76 20,878 11.52 5/18/18 I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) (signature) Date (mm/dd/yyyy) Pr'eviotis e➢litions are obsolete 'HUD Approved Secondary Financing page 2 of 2 Only for Budget Projections. ref. Handbook 4350.1 form HUD-92547-A (8/2000) 577 of 647 CC/CDC-HA Agenda 6/19/2018 — Page 578 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 Disposition and Development Agreement with Kimball Tower Housing Associates, L.P., and Morgan Tower Housing A 578 of 647 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: June 19, 2018 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 Disposition and Development Agreement with Kimball Tower Housing Associates, L.P., and Morgan Tower Housing Associates, L.P., for the recapitalization and rehabilitation of a 151-unit affordable senior housing tower, known as Kimball Tower, located at 1317 "D" Avenue; and a 152-unit affordable senior housing tower, known as Morgan Tower, which includes the George H. Waters Nutrition Center, located at 1415 "D" Avenue in National City. PREPARED BY: DEPARTMENT: Carlos Aguirre, Acting Director of Housing and Economic Development PHONE: 619-336-4391 EXPLANATION: See Attachment No. 1 for further explanation. APPROV Housing & Economic lopment FINANCIAL STATEMENT: ACCOUNT NO. See Attachment No. 1 for a financial statement. ENVIRONMENTAL REVIEW: APPROVED: IW APPROVED: Finance MIS The Project is categorically exempt from CEQA review by CCR Title 14 Section 15301 Existing Facilities. The CDC -Housing Authority will complete a NEPA Environmental Assessment for the U.S. Department of HUD before Section 8 project -based voucher funds are released by HUD for Kimball Tower. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: nla ATTACHMENTS: 1. Staff Report 2. Disposition and Development Agreement 3. Financing Structure and Projections 4. KMA Analysis of Financing Structure and Projections 5. Resolution R7G of Raj Attachment No. 1 COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY STAFF REPORT June 19, 2018 Agenda Item Resolution of the Community Development Commission -Housing Authority of the City of National City authorizing the Executive Director to execute a Disposition and Development Agreement with Kimball Tower Housing Associates, L.P., and Morgan Tower Housing Associates, L.P., for the recapitalization and rehabilitation of a 151-unit affordable senior housing tower, known as Kimball Tower, located at 1317 "D" Avenue; and a 152-unit affordable senior housing tower, known as Morgan Tower, which includes the George H. Waters Nutrition Center, located at 1415 "D" Avenue in National City. Background Kimball and Morgan Senior Towers ("Towers") are located in central National City, within the Kimball Community. The two nine -story Towers are located on D Avenue between Kimball Way and 15th Street. Morgan Senior Tower is a 152-unit affordable senior residential property built in 1978. Kimball Senior Tower is a 151-unit affordable senior residential property completed in 1986. On March 24, 2016, the CDC- HA issued a Request for Qualifications ("RFQ") to consider qualified development teams for the recapitalization and rehabilitation of Kimball and Morgan Towers ("Project"). The RFQ incorporated a Selection Committee which gave the highest score to the development team composed of Community HousingWorks ("CHW") and Mercy Housing California ("Mercy"). The score was based on an evaluation of the proposal submitted and a presentation made to the Selection Committee by each development team that submitted a responsive proposal. On October 4, 2016, City staff provided a recommendation to the CDC -HA based on the scoring of the Selection Committee. However, the CDC -HA Board of Commissioners ("CDC -HA Board") requested the opportunity to also evaluate the verbal presentations given to the Selection Committee before making a final decision. Five development teams delivered presentations to the CDC -HA Board on October 25, 2016. City staff returned on December 6, 2016 and carried forward the recommendation made on October 4, 2016 to enter into an Exclusive Negotiation Agreement with CHW and Mercy. However, in consideration of the presentations made by all five development teams, the CDC -HA Board suggested further review of each development team's financial proposals to help make a final selection. City staff informed the CDC -HA Board that a more detailed financial review of the proposals would be a lengthy and expensive process, and could impact the CDC-HA's ability to capitalize on favorable interest rates and tax credit pricing available at the time. At the CDC -HA meeting on December 6, 2016, several of the development teams stated that they would be interested in funding their participation in a Request for Proposals ("RFP") process that would allow for a fair comparison of their financial proposals. Based on the developers' interest to fund 1 580 of 647 Attachment No. 1 an RFP process, the CDC -HA Board directed City staff to provide approaches for implementing an RFP. On February 7, 2017, the CDC -HA Board compared several approaches to further evaluate the financial models proposed by each development team. The CDC -HA Board then directed City staff to have Keyser Marston and Associates ("KMA") implement the RFP. Four development teams agreed to participate in the RFP and equally divided the cost for KMA to fully implement the RFP. On June 30, 2017, KMA issued the RFP and, based on KMA's extensive analysis and key findings, City staff recommended the selection of the team composed of CHW and Mercy as the Developer ("Developer") for the Project. On December 5, 2017 the CDC -HA Board selected the Developer to enter into an Exclusive Negotiating Agreement ("ENA") to begin the due diligence necessary to negotiate a Disposition and Development Agreement ("DDA") with the CDC -HA for the Project. Exclusive Negotiations Since their receipt of the fully executed ENA on December 19, 2017, the Developer has made extensive progress on due diligence and estimating the actual cost of rehabilitation; has begun to secure the appropriate subsidies through the U.S. Department of Housing and Urban Development ("HUD") and develop a solid financing approach; has worked in hand in hand with the current property manager to ensure a smooth transition; and has conducted extensive resident outreach to duly inform residents of the proposed rehabilitation. Below is a summary of the progress made by the Developer during exclusive negotiations to move the Project forward: Due Diligence, Rehab Scope and Cost Estimates • Development team, architect, general contractor and their subcontractors walked every apartment, mechanical and maintenance areas, and common areas, January 24 - February 7, 2018. The condition of each component of the units was ranked on a score of 1-5, for consideration of what items are included in a proposed rehabilitation scope. • The following specialty reports were engaged; each consultant walked units or relevant areas of buildings: o Engaged mechanical engineer, plumbing engineer, electrical engineer, and structural and seismic engineer teams to assess the systems and seismic performance. o Engaged a Physical Needs Assessment ("PNA") by independent architect specializing in multifamily renovation. o Conducted consultant assessment and testing of plumbing and waste systems, including lab analysis of pipes, and review and testing of isolation valves for planning rehab. o Engaged elevator consultant review of the vertical transport system. o Engaged energy modeling by HERS rater/ energy consultant, including evaluation of window systems, HVAC systems, etc. o Reviewed utility bills for 12+ months regarding assessment of water and energy usage. o A design -build renewable energy (solar thermal) consultant/provider reviewed roof, gas usage, and provided a preliminary design and pricing for a roof -mounted solar thermal system to preheat hot water used in domestic water and hydronic space heating. 2 581 of 647 Attachment No. 1 ■ Held 4 due diligence meetings with the entire design and construction team prior, during and at conclusion of due diligence walks, followed by a full design meeting on common area rehab for renovation and amenities. • Engaged civil engineer and surveyor to provide an ALTA survey with new topography and provide a review of the wet utility layout. • With architect and civil engineer, assessed parking layouts and possible revisions of the parking lots including trash enclosures, increased Americans with Disabilities Act ("ADA") spaces, etc. • Met with architect and landscape architect to discuss ground floor amenity spaces and landscape options. ■ Environmental consultants sample tested for asbestos containing materials and lead based paint in units, common areas, and systems to determine handling and disposal of such during rehab. ■ Architect and restaurant consultant met with manager of George H. Waters Nutrition Center ("Nutrition Center") on February 26, 2018 to assess restaurant needs. ■ Architect and development team met with City's Building and Fire Departments on March 6, 2018 regarding city requirements including ADA upgrades, etc. • Reviewed operating maintenance contracts, expenses, and rent roll of resident incomes and Section 8 voucher / contract status. • General contractor provided estimated costs of rehabilitation and the Developer reviewed the cost estimates with construction manager experienced in high rise multifamily renovation. • Development team prioritized potential scope into ABC priorities, and provided such scope and cost estimates to city staff on March 21, 2018. ■ Refined conceptual landscape design. • Consulted with energy consultant on window efficiency and potential for renewables with rebates. • Civil engineer completed an American Land Title Association ("ALTA") survey, ADA map, and trash enclosure circulation improvements. • Received ALTA which identified that both properties were in a flood zone requiring flood insurance. • Civil engineer met with City's storm water consultant on possible impacts on properties ■ Finalized rehab scope priorities and refined hard construction numbers with general contractor. Financing / HUD / Legal ■ Filed organization documents with the CA Secretary of State, created new legal entities (tax credit limited partnerships) for Kimball and Morgan Towers. • Morgan: Development team, together with their financial consultant, counsel for HUD and city staff, met with HUD project manager in Los Angeles on January 16, 2018 concerning new 20-year contract. Engaged Rent Comparability Study, prepared full HUD project -based Section 8 contract package request to HUD on February 5, 2018. Requested a HUD Comfort Letter. The Comfort Letter serves as a letter of intent to work with the Developer on a new project -based Section 8 contract. • Kimball: Worked with legal counsel, city staff and HUD to work to bring a HUD project - based rental subsidy contract for Kimball in order to facilitate more favorable financing long term. • AHP Applications on March 1, 2018: Prepared and submitted AHP (Federal Home Loan Bank program loan/grant) applications of $1.5 million each for Kimball and Morgan 3 582 of 647 Attachment No. 1 Towers. Scoring and award will not be known until late June 2018; if unsuccessful, the Developer would reapply in the March 2019 window. • Met with 5+ potential investors and lenders in addition to those providing letters in the RFP, received updated tax credit pricing and interest rates (i.e., post passage of the federal tax cuts). • Provided city staff outline term sheet consistent with the terms we provided in Response to RFP, for use by the CDC -HA in their drafting of the DDA. • Provided city staff updated pro forma with rehab cost estimates, updated interest rates, etc. on March 28, 2018 for discussion associated with DDA. • Received HUD Comfort Letter for Morgan for a 20-year HUD section 8 contract at rents higher than proposed in RFP. • Refined the HUD process for Kimball to obtain the project -based section 8 contract in April and submitted the notice to HUD for a PHA project -based section 8 contract for Kimball Tower. • Consulted with 5+ lenders and investors for updated market terms, fielded questions from AHP funding applications indicating that our scores are at least competitive enough for AHP's secondary review process and updated pro formas with new market financing terms in May. Property Management/ Operations • After being provided with Morgan's failing REAC inspection score due to physical condition of the property, CHW with a third party consultant, contested the report and had HUD adjust the score to passing grade. • Completed a 3rd party compliance review of select tenant files. • Obtained flood insurance quotes from insurance broker. Resident Outreach and Communication • The Developer sent an introduction letter of the development team to all residents of Kimball and Morgan in January. • Held a total of 10 introduction meetings with residents of Kimball and Morgan at the Nutrition Center and in the Kimball library on January 30-31, February 1, March 1, and March 22. Meetings in Nutrition Center included city staff; all meetings were facilitated with an interpreter and written bilingual Frequently Asked Questions (FAQ). • Set up a special call -in phone line for resident questions. • Held 4 listening sessions with residents in April at Kimball and Morgan Towers for resident ideas and questions on the proposed rehabilitation scope. The meetings are planned to continue periodically through close of financing for the rehabilitation with residents to obtain their ideas about the rehabilitation scope and vision for their community. Disposition and Development Agreement The proposed Disposition and Development Agreement ("DDA"), included as Attachment No. 2 of this staff report, comprehensively addresses all components of the Project including the transfer of property to the Developer and the terms of a 99-year ground lease, escrow and the conditions for closing and sale of the property, approvals for the scope of rehabilitation and financing structure, project budget, insurance and indemnification, project monitoring, and maintenance, 4 583 of 647 Attachment No. 1 and compliance with all applicable laws. The Developer has created two legal entities in the form of Limited Partnerships as required for tax credit financing. The Developer will enter the DDA under Kimball Tower Housing Associates, L.P. and Morgan Tower Housing Associates, L.P. Financing Proposal and Projections The financing proposal and projections for Kimball and Morgan Towers are included as Attachment No. 3 of this Staff Report. KMA will provide a verbal presentation explaining any variations between the Developer's response to the RFP and their current financial proposals for each Tower during the June 19, 2018 CDC -HA meeting. KMA's presentation slides are included as Attachment No. 4 of this staff report. Upon further consideration of current HUD rents and other current financing terms and conditions, the Developer determined that using 4% tax credits would yield a better return to the CDC -HA with all else being equal. A financing scenario using 9% tax credit financing has been included in Attachment No. 3 for comparison and is for reference only. Kimball Tower Financing Consistent with the RFP, the limited partnership will acquire a 99-year ground lease of the land to the Developer, and fee ownership of the improvements by the Developer. The sale of the improvements by the CDC -HA to the Developer would provide approximately $11,051,011 in cash to the CDC -HA at closing. The project is structured to utilize non-competitive (4%) tax credits, with additional bond proceeds, a General Partner contribution above $2.5 million in developer fee, and gap funding from the Affordable Housing Program ("AHP") and a seller carry -back note. The CDC -HA seller carry -back loan note in the amount of $24,914,733 that would be paid back from 50% of residual receipts from Kimball Tower with any outstanding principal and interest due in 55 years. The CDC -HA also plans to commit up to 149 Section 8 project -based voucher. Currently, the CDC -HA has committed 145 tenant -based vouchers to provide assistance to the tenant at Kimball Tower. Morgan Tower Financing Consistent with the RFP, the limited partnership will acquire a 99-year ground lease of the land, and a fee ownership of the improvements, including the Nutrition Center. The sale of the improvements by the CDC -HA to the Developer would provide approximately $17,460,353 in cash to the CDC -HA at closing. The project is structured to utilize non-competitive (4%) tax credits, with additional bond proceeds, a General Partner contribution above the $2.0 million in developer fee, and gap funding from AHP and a seller carry -back note. The CDC -HA seller carry -back loan note in the amount of $19,310,467 that would be paid back from 50% of residual receipts from Morgan Tower with any outstanding principal and interest due in 55 years. The property has an expiring FHA 231 loan that will be repaid at close and an existing project -based section 8 contract from HUD. The Developer submitted an application to HUD for a new 20-year contract under Mark Up to Market in February 2018 and received the Comfort Letter from HUD in April 2018. 5 584 of 647 Attachment No. 1 Nutrition Center Financial Support The financial plan includes a triple net lease of the Nutrition Center for $1 year by the City; and the City will continue to operate the Nutrition Center. The current financing proposal would provide a hard payment from both Towers to the City to offset the cost to operate the Nutrition Center. The total annual hard payment to the City for the Nutrition Center would be $475,000. Scope of Rehabilitation Kimball Tower Kimball Tower's scope of rehabilitation consists of upgrades to the common areas, replacements/upgrades to major systems include: elevators, fire safety system, roof replacement, window replacement, balcony waterproofing & railings, mailboxes to meet ADA accessibility standards, air handlers and exhaust fans, and energy and water efficiency retrofits. All units will undergo complete renovation of bathrooms and kitchens and 10% of the units will be retrofitted to ADA accessibility standards per California tax credit program requirements. The rehabilitation is subject to Davis Bacon commercial prevailing wage due to local housing authority project -based contract. Also, the property is in a flood zone, which requires flood insurance. Morgan Tower Morgan Tower's scope of rehabilitation consists of upgrades to the common areas, replacements/upgrades to major systems include: elevators, boilers, fire safety system, roof replacement, window replacement, balcony waterproofing & railings, mailboxes to meet ADA accessibility standards, air handlers and exhaust fans, and energy and water efficiency retrofits. All units will undergo complete renovation of bathrooms and kitchens and 10% of the units will be retrofitted to ADA accessibility standards per California tax credit program requirements. Also, the property is in a flood zone, which requires flood insurance. The scope includes a complete rehabilitation of the Nutrition Center facility. Staff Recommendation With the Housing Assistance Program Section 8 project -based Agreement ("HAP") that has provided the very -low income rent at Morgan Tower will expire on August 31, 2019 and given the need to address major capital needs for both Morgan and Kimball Towers and the Nutrition Center, the CDC -HA is presently facing a critical path for the recapitalization and rehabilitation of Morgan and Kimball Towers. In the last six months the Developer has been able to provide a well leveraged recapitalization plan and a comprehensive scope of rehabilitation that will ensure the physical and financial stability for the Towers and City -operated Nutrition Center and that also provides a financial return to the CDC -HA that can be leveraged on additional housing projects and housing -related programs. City staff fully recommends that the CDC -HA Board authorize the Executive Director to execute the proposed Disposition and Development Agreement with the Developer. 6 585 of 647 Attachment No. 2 DISPOSITION AND DEVELOPMENT AGREEMENT By and Between the COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY and KIMBALL TOWER HOUSING ASSOCIATES, L.P. and MORGAN TOWER HOUSING ASSOCIATES, L.P. (Kimball and Morgan Towers) 1 586 of 647 Attachment No. 2 DISPOSITION AND DEVELOPMENT AGREEMENT (Kimball and Morgan Towers) THIS DISPOSITION AND DEVELOPMENT AGREEMENT ("Agreement") is dated as of the day of , 2018 by and between the Community Development Commission -Housing Authority of the City of National City ("CDC -HA"), and MORGAN TOWER HOUSING ASSOCIATES, L.P., a California limited partnership ("Morgan Developer"), and KIMBALL TOWER HOUSING ASSOCIATES, L.P., a California limited partnership ("Kimball Developer"). The Morgan Developer and the Kimball Developer shall be referred to herein collectively as the "Developer." RECITALS A. The CDC -HA owns the improvements commonly known as the "Kimball Tower" and that certain real property located at 1317 D Avenue in the City of National City, which is more particularly defined and set forth on Exhibit A hereto (the "Kimball Property"). The CDC -HA also owns the improvements commonly known as the "Morgan Tower" and that certain real property located at 1415 D Avenue in the City of National City, which is more particularly defined and set forth on Exhibit B hereto (the "Morgan Property"). B. CDC -HA and Developer desire by this Agreement to establish conditions for: (i) the CDC -HA to ground lease the Kimball Property to the Kimball Developer; (ii) the CDC -HA to sell fee title to the Kimball Tower to the Kimball Developer; (iii) the Kimball Developer to recapitalize and rehabilitate the Kimball Tower; (iv) the CDC -HA to ground lease the Morgan Property to the Morgan Developer; (v) the CDC -HA to sell fee title to the Morgan Tower to the Morgan Developer; and (vi) the Morgan Developer to recapitalize and rehabilitate the Morgan Tower. NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged, CDC -HA and Developer hereby agree as follows: 100. Definitions. "Affordable Units" means collectively, the one hundred fifty-one (151) rental dwelling units in the Morgan Tower and the one hundred forty-nine (149) rental dwelling units in the Kimball Tower whose occupancy is restricted to Very Low Income Households and whose monthly rental rates are restricted to the Maximum Rents pursuant to, and as set forth in more detail in, the Declaration. In addition, there will be one (1) manager's unit in the Morgan Tower and two (2) managers' units in the Kimball Tower. "Agreement" means this Disposition and Development Agreement between CDC -HA and Developer. "AHP Loan" has the meaning set forth in Section 307.2(ii). 587 of 647 Attachment No. 2 "Area Median Income" shall mean the area median income defined by the Department of Housing and Urban Development (HUD), and published by the California Tax Credit Allocation Committee (TCAC), as the then current area median income for the San Diego -Carlsbad Metropolitan Statistical Area, established periodically by HUD and published in the Federal Register, as adjusted for family size. In the event HUD and/or TCAC ceases to publish an established area median income as aforesaid, CDC -HA may, in its sole discretion, use any other reasonably comparable method of computing area median income. "CDC -HA" means the Community Development Commission -Housing Authority of the City of National City. "City" means the City of National City, a California municipal corporation. "Closing" means with respect to each of the Kimball Tower and the Morgan Tower, the close of Escrow for the financing for rehabilitation of the Kimball Tower and the Morgan Tower respectively. "Closing Deadline for the Kimball Tower" means June 30, 2020. "Closing Deadline for the Morgan Tower" means June 30, 2020. "Construction Deed of Trust" means a deed of trust recorded against the Kimball Leasehold or the Morgan Leasehold, as applicable, for purposes of obtaining rehabilitation financing for the Kimball Tower or the Morgan Tower respectively. All deeds of trust, mortgages and other instruments securing or evidencing the loan secured by the Construction Deed of Trust shall be recorded against the Kimball Leasehold or the Morgan Leasehold only. Recordation of any deed of trust, mortgage or other instrument securing or evidencing the fee interest in the Property shall be a Default under this Agreement. "Declaration" shall mean each of the two (2) declarations of covenants, conditions and restrictions (one recorded against the Kimball Leasehold and another recorded against the Morgan Leasehold), in forms agreed to by the Developer and CDC -HA, to be executed by Developer and recorded against the Kimball Leasehold or the Morgan Leasehold, as applicable, at the Closings for each of the Kimball Tower and the Morgan Tower. "Default" means the failure of a party to perform any action or covenant required by this Agreement within the time periods provided herein following notice and opportunity to cure, as set forth in Section 501 hereof. "Developer" means the Kimball Developer and the Morgan Developer. Where the term Developer is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. In all instances hereunder, all rights, duties and obligations of the Kimball Developer hereunder with respect to the Kimball Property, Kimball Leasehold and Kimball Tower shall be the rights, duties and obligations solely of the Kimball Developer (and not of the Morgan Developer), and all rights, duties and obligations of the Morgan Developer hereunder with respect to the Morgan Property, Morgan Leasehold and Morgan Tower shall be 3 588 of 647 Attachment No. 2 the rights, duties and obligations solely of the Morgan Developer (and not of the Kimball Developer), it being the intent of the parties hereto that the rights, duties and obligations of the Kimball Developer and the Morgan shall not be cross -defaulted. "Developer Deed of Trust" means each of the two (2) deeds of trust (one recorded against the Kimball Leasehold and another recorded against the Morgan Leasehold), in forms agreed to by the Developer and CDC -HA, to be executed by Developer and recorded against the Kimball Leasehold or the Morgan Leasehold, as applicable, at the Closings for each of the Kimball Tower and the Morgan Tower. Provided all conditions of this Agreement are satisfied by the Closing Deadline for the Kimball Tower or the Closing Deadline for the Morgan Tower, as applicable, each Developer Deed of Trust may be subordinated to the Construction Deed of Trust and Permanent Deed of Trust. Any such subordination shall be in a form acceptable to the CDC -HA in its reasonable discretion. "Environmental Indemnity" shall mean each of the two (2) unsecured environmental indemnity agreements (one for the Kimball Tower and another for the Morgan Tower), in forms agreed to by the Developer and CDC -HA, to be executed by Developer and the CDC -HA at the Closings for each of the Kimball Tower and the Morgan Tower. "Escrow" means the escrow depository and disbursement services to be performed by Escrow Agent pursuant to the provisions of this Agreement. "Escrow Agent" means Stewart Title Company or another title insurance company mutually selected by the parties hereto. "Escrow Instructions" shall mean each of the escrow instructions (one for the Kimball Leasehold and another for the Morgan Leasehold), Developer and CDC -HA, to be executed by Developer and the CDC -HA at the Closings for each of the Kimball Tower and the Morgan Tower. "Existing Over -Income Units" has the meaning set forth in Section 401. "Final Project Budget" has the meaning set forth in Section 307.2. "Governmental Requirements" means all laws, ordinances, statutes, codes, rules, regulations, orders and decrees of the United States, the state, the county, the City, or any other political subdivision in which the Property is located, and of any other political subdivision, agency or instrumentality exercising jurisdiction over CDC -HA, Developer or the Property. "Ground Lease" means each of the two (2) 99-year ground leases (one for the Kimball Property and another for the Morgan Property), in forms agreed to by the Developer and CDC - HA, to be executed by Developer and recorded against the Kimball Property or the Morgan Property, as applicable, at the Closings for each of the Kimball Tower and the Morgan Tower. "Hazardous Materials" means any hazardous or toxic substance, material or waste which is or becomes regulated by any local governmental authority, the State of California or the United State Government. Provided, however, the term "Hazardous Materials" shall not include 4 589 of 647 Attachment No. 2 substances typically used in the ordinary course of developing, operating and maintaining apartment complexes in California or small amounts of chemicals, cleaning agents and the like commonly employed in routine household uses in a manner typical of occupants in other similar properties, provided that such substances are used in compliance with applicable laws. "Initial Project Budget" has the meaning set forth in Section 307.2. "Kimball Deed of Trust" has the meaning set forth in Section 200.1. "Kimball Developer" means Kimball Tower Housing Associates, L.P., a California limited partnership. Where the term Kimball Developer is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. "Kimball Developer Note" means the carryback promissory note, in a form agreed to by the Developer and CDC -HA, to be executed by the Kimball Developer at the Closing for the Kimball Tower. "Kimball Leasehold" means the ground lease interest in the Kimball Property created by the Ground Lease for the Kimball Property. "Kimball Property" means that certain real property generally located at 1317 D Avenue in the City of National City, which is more particularly described on Exhibit A attached hereto. "Kimball Tower" means the 151 unit residential building on the Kimball Property comprised of 149 Affordable Units and two manager's units. "Maximum Rents" shall mean the maximum amount of consideration, of any kind whatsoever, that the Developer may receive for any Affordable Unit, which monthly amount shall not exceed the product of one twelfth (1/12) of thirty percent (30%) times fifty percent (50%) of the then Area Median Income as adjusted for household size appropriate for the unit. "Morgan Commercial Space" means approximately 6,560 square feet on the ground floor of the Morgan Tower, which currently houses the George H. Waters Nutrition Center. "Morgan Deed of Trust" has the meaning set forth in Section 200.2. "Morgan Developer" means Morgan Tower Housing Associates, L.P., a California limited partnership. Where the term Morgan Developer is used herein, such term shall include any permitted nominee, assignee or successor in interest as herein provided. "Morgan Developer Note" means the carryback promissory note, in a form agreed to by the Developer and CDC -HA, to be executed by the Morgan Developer at the Closing for the Morgan Tower. "Morgan Leasehold" means the ground lease interest in the Morgan Property created by the Ground Lease for the Morgan Property. 5 590 of 647 Attachment No. 2 "Morgan Property" means that certain real property generally located at 1415 D Avenue in the City of National City, which is more particularly described on Exhibit B attached hereto. "Morgan Tower" means the 152-unit residential building on the Morgan Property comprised of 151 Affordable Units and one manager's unit and the Morgan Commercial Space. "Permanent Deed of Trust" means a deed of trust recorded against the Kimball Leasehold or the Morgan Leasehold, as applicable, for purposes of obtaining permanently fmancing the Kimball Tower or the Morgan Tower respectively. All deeds of trust, mortgages and other instruments securing or evidencing the loan secured by the Permanent Deed of Trust shall be recorded against the Kimball Leasehold or the Morgan Leasehold only. Recordation of any deed of trust, mortgage or other instrument securing or evidencing the fee interest in the Property shall be a default under this Agreement. "Permitted Transfer" is defined in Section 603.2, below. "Property" means collectively the real property described on Exhibit A and Exhibit B hereto. "Project Budget" means collectively the Kimball Project Budget and the Morgan Project Budget. "Purchase Price" shall mean collectively the price for the fee title interest in and to (i) the Kimball Tower set forth in Section 202.1 and (ii) the Morgan Tower set forth in Section 202.2. "Scope of Rehabilitation" means a scope setting forth all rehabilitation and construction work, including without limitation, landscaping, flatwork and similar work, to be done with respect to the Kimball Tower or the Morgan Tower respectively, which is approved by the CDC -HA, which approval shall not be unreasonably withheld, conditioned or delayed. "Security Agreement" shall mean each of the two (2) security agreements (one for the Kimball Tower and another for the Morgan Tower), in forms agreed to by the Developer and CDC - HA, to be executed by the Kimball Developer or the Morgan Developer, as applicable, and CDC - HA at the Closings for each of the Kimball Tower and the Morgan Tower. "TCAC Lease Rider" means the then current form of lease rider prepared by the California Tax Credit Allocation Committee at the time each of Kimball Developer and Morgan Developer enter into their respective Ground Lease. "Very Low Income Household" means persons and families whose income does not exceed fifty percent (50%) of the then current Area Median Income, provided that such persons or families meet the additional requirements set forth in Section 4 of the Agreement Affecting Real Property. 200. Transfer of the Property. 6 591 of 647 Attachment No. 2 201. Ground Lease Terms. 201.1 Kimball Property. Subject to all of the terms and conditions of this Agreement, the CDC -HA shall ground lease the Kimball Property to the Kimball Developer for 99 years for $1.00 per year. CDC -HA acknowledges and agrees that the Kimball Developer will also sign and append the TCAC Lease Rider to the Ground Lease. 201.2 Morgan Property. Subject to all of the terms and conditions of this Agreement, the CDC -HA shall ground lease the Morgan Property to the Morgan Developer for 99 years for $1.00 per year. CDC -HA acknowledges and agrees that the Kimball Developer will also sign and append the TCAC Lease Rider to the Ground Lease. 202. Sale and Financing of the Improvements; Lease of Morgan Commercial Space. 202.1 Kimball Tower Acquisition Loan. CDC -HA has agreed to transfer the Kimball Tower to the Kimball Developer in exchange for a combination of cash and a promissory note ("Kimball Developer Note"). The Kimball Tower Developer previously obtained an appraisal of the Kimball Tower from Colliers International dated as of August 23, 2017 ("Original Kimball Tower Appraisal"). The Kimball Tower Developer has provided a copy of the Original Kimball Tower Appraisal to the CDC -HA. The Kimball Tower Developer shall cause Colliers International to update the Original Kimball Tower Appraisal ("Updated Kimball Tower Appraisal") not more than thirty (30) days prior to submitting the 4% low income housing tax credit application to the California Tax Credit Allocation Committee, using the same methodology which was used to generate the Original Kimball Tower Appraisal, but using updated figures based on interest rates, rental rates, expenses and other amounts known or reasonably estimated at such time. The purchase price ("Kimball Tower Purchase Price") payable from the Kimball Tower Developer to the CDC -HA shall equal the amount set forth in the Updated Kimball Tower Appraisal. The original principal amount of the Kimball Developer Note shall be agreed upon between the Kimball Tower Developer and the CDC -HA prior to the Kimball Tower Closing. The amount of cash payable by the Kimball Tower Developer to the CDC -HA at the Kimball Tower Closing shall equal the Kimball Tower Purchase Price minus the original principal amount of the Kimball Developer Note. The Kimball Developer Note shall be structured as a tax-exempt bond where the California Statewide Communities Development Authority is the issuer, the Kimball Tower Developer is the borrower and the CDC -HA is the bondholder. The Kimball Tower Developer shall make mandatory equal annual payments to the CDC -HA under the Kimball Developer Note, which annual amount shall be agreed upon between the Kimball Tower Developer and the CDC -HA prior to the Kimball Tower Closing. The Kimball Tower Developer, Morgan Tower Developer and the CDC -HA agree that the combined mandatory annual payments to the CDC -HA under the Kimball Developer Note and the Morgan Developer Note shall total $475,000.00. In addition, the Kimball Tower Developer shall make an additional annual payment to the CDC -HA under the Kimball Developer Note in an amount equal to 50% of the Kimball Developer's annual cash flow. The Kimball Tower Developer shall have the right to redeem the bond and refinance the Kimball Developer Note at any time, provided that the Executive Director of the CDC -HA has reasonably approved the same, the Kimball Tower Developer does not receive any cash as a result of the refinancing, the interest rate on the Kimball Developer Note does not 7 592 of 647 Attachment No. 2 decrease and the original principal amount of the refinanced Kimball Developer Note does not exceed the principal amount of the Kimball Developer Note immediately before such refinancing. 202.2 Kimball Tower Limitation of Damages. Kimball Developer's Expenses means an amount equal to the actual and reasonable approved out-of-pocket expenses, including legal expenses, incurred by Kimball Developer with respect to its obligations hereunder ("Kimball Developer's Expenses"). In the event this Agreement is terminated as a result of an Event of Default by the CDC -HA, prior to completion of construction of the rehabilitation of the Kimball Tower, then CDC -HA shall reimburse the Kimball Developer's Expenses through project cash flow in complete satisfaction of all of the CDC-HA's obligations to the Kimball Developer; provided, however, that if the CDC -HA transfers the Kimball Property for a cash purchase price, then the CDC -HA shall use such sale proceeds to reimburse the Kimball Developer's Expenses. The Agency's payment of the Kimball Developer's Expenses shall be in consideration for the Kimball Developer's activities undertaken pursuant to this Agreement. For purposes hereof, Kimball Developer's Expenses shall include only its out-of-pocket costs paid to third parties for fees for financing and governmental applications and processing, appraisals, studies, title reports and related expenses associated with financing, attorneys' fees associated with review of this Agreement and tax credit structuring, and the Plans. Kimball Developer's Expenses shall not include any costs of Kimball Developer's staff, overhead, or other internal costs. The Kimball Developer shall furnish reports to the CDC -HA not less than quarterly summarizing the Kimball Developer's Expenses incurred to date, subject to the review and reasonable approval of the CDC - HA, which approval or disapproval shall be granted within thirty (30) days of the CDC-HA's receipt of such reports. The CDC -HA may request additional documentation from the Kimball Developer which the CDC -HA determines is necessary to complete CDC-HA's review. 202.3 Morgan Tower Acquisition Loan. CDC -HA has agreed to transfer the Morgan Tower to the Morgan Developer in exchange for a combination of cash and a promissory note ("Morgan Developer Note"). The Morgan Tower Developer previously obtained an appraisal of the Morgan Tower from Colliers International dated as of August 23, 2017 ("Original Morgan Tower Appraisal"). The Morgan Tower Developer has provided a copy of the Original Morgan Tower Appraisal to the CDC -HA. The Morgan Tower Developer shall cause Colliers International to update the Original Morgan Tower Appraisal ("Updated Morgan Tower Appraisal") not more than thirty (30) days prior to submitting the 4% low income housing tax credit application to the California Tax Credit Allocation Committee, using the same methodology which was used to generate the Original Morgan Tower Appraisal, but using updated figures based on interest rates, rental rates, expenses and other amounts known or reasonably estimated at such time. The purchase price ("Morgan Tower Purchase Price") payable from the Morgan Tower Developer to the CDC -HA shall equal the amount set forth in the Updated Morgan Tower Appraisal. The original principal amount of the Morgan Developer Note shall be agreed upon between the Morgan Tower Developer and the CDC -HA prior to the Morgan Tower Closing. The amount of cash payable by the Morgan Tower Developer to the CDC -HA at the Morgan Tower Closing shall equal the Morgan Tower Purchase Price minus the original principal amount of the Kimball Developer Note. The Morgan Tower Developer shall make mandatory equal annual payments to the CDC -HA under the Morgan Developer Note, which annual amount shall be agreed upon between the Morgan Tower Developer and the CDC -HA prior to the Morgan Tower Closing. The Kimball Tower Developer, Morgan Tower Developer and the CDC -HA agree that the 8 593 of 647 Attachment No. 2 combined mandatory annual payments to the CDC -HA under the Kimball Developer Note and the Morgan Developer Note shall total $475,000.00. In addition, the Morgan Tower Developer shall make an additional annual payment to the CDC -HA under the Morgan Developer Note in an amount equal to 50% of the Morgan Developer's annual cash flow. 202.4 Morgan Tower Limitation on Damages. Kimball Developer's Expenses means an amount equal to the actual and reasonable approved out-of-pocket expenses, including legal expenses, incurred by Morgan Developer with respect to its obligations hereunder ("Morgan Developer's Expenses"). In the event this Agreement is terminated as a result of an Event of Default by the CDC -HA, prior to completion of construction of the rehabilitation of the Morgan Tower, then CDC -HA shall reimburse the Morgan Developer's Expenses through project cash flow in complete satisfaction of all of the CDC-HA's obligations to the Kimball Developer; provided, however, that if the CDC -HA transfers the Morgan Property for a cash purchase price, then the CDC -HA shall use such sale proceeds to reimburse the Morgan Developer's Expenses. The Agency's payment of the Morgan Developer's Expenses shall be in consideration for the Morgan Developer's activities undertaken pursuant to this Agreement. For purposes hereof, Morgan Developer's Expenses shall include only its out-of-pocket costs paid to third parties for fees for financing and governmental applications and processing, appraisals, studies, title reports and related expenses associated with financing, attorneys' fees associated with review of this Agreement and tax credit structuring, and the Plans. Morgan Developer's Expenses shall not include any costs of Morgan Developer's staff, overhead, or other internal costs. The Morgan Developer shall furnish reports to the CDC -HA not less than quarterly summarizing the Morgan Developer's Expenses incurred to date, subject to the review and reasonable approval of the CDC - HA, which approval or disapproval shall be granted within thirty (30) days of the CDC-HA's receipt of such reports. The CDC -HA may request additional documentation from the Morgan Developer which the CDC -HA determines is necessary to complete CDC-HA's review. 202.5 Morgan Tower Commercial Space. Following the purchase of the Morgan Tower, Morgan Developer will lease the Morgan Commercial Space to National City (the "Morgan Commercial Lease"). The Morgan Commercial Lease will be a triple net lease with a term of ninety-nine (99) years at a rental rate of one dollar ($1.00) per year 203. Escrow. 203.1 Kimball Tower. Prior to the Closing Deadline for the Kimball Tower, the Kimball Developer and the CDC -HA shall open the Escrow with Escrow Agent to facilitate the Closing for the Kimball Tower and the Ground Lease of the Kimball Property to the Kimball Developer and recordation of the various encumbrances on the Kimball Leasehold. The parties will execute the Escrow Instructions prior to the Closing for the Kimball Tower, which shall provide for the order of recordation, distribution of original documents and other provisions customarily contained in escrow instructions. The Kimball Developer shall pay all fees, charges, and costs which arise from Escrow, as well as all documentary transfer taxes due with respect to the Kimball Developer's acquisition of the Kimball Leasehold. 203.2 Morgan Tower. Prior to the Closing Deadline for the Morgan Tower, the Morgan Developer and the CDC -HA shall open the Escrow with Escrow Agent to facilitate the 9 594 of 647 Attachment No. 2 Closing for the Morgan Tower and the Ground Lease of the Morgan Property to the Morgan Developer and recordation of the various encumbrances on the Morgan Leasehold. The parties will execute the Escrow Instructions prior to the Closing for the Morgan Tower, which shall provide for the order of recordation, distribution of original documents and other provisions customarily contained in escrow instructions. The Morgan Developer shall pay all fees, charges, and costs which arise from Escrow, as well as all documentary transfer taxes due with respect to the Morgan Developer's acquisition of the Morgan Leasehold. 204. Conditions to Closing. 204.1 Closing Conditions in Favor of Both Developer and CDC -HA. The Closing for the Kimball Tower and the Closing for the Morgan Tower are each individually conditioned upon satisfaction (or waiver) of each and all of the conditions set forth in this Section 204.1 on or before the Closing Deadline for the Kimball Tower or the Closing Deadline for the Morgan Tower, as applicable. In the event that one or more of the conditions set forth in this Section 204.1, are not satisfied with respect to the Kimball Tower on or before the Closing Deadline for the Kimball Tower, then this Agreement shall be terminated with respect to the Kimball Tower, unless the CDC -HA, the Kimball Tower Developer waive satisfaction of such condition or conditions in writing, in which event the Closing for the Kimball Tower, shall proceed and the parties waive any right to damages or compensation with respect to the unsatisfied condition. In the event the Closing for the Kimball Tower has occurred (or would occur concurrently with the Closing for the Morgan Tower), and then one or more of the conditions set forth in this Section 204.1, are not satisfied with respect to the Morgan Tower on or before the Closing Deadline for the Morgan Tower, then this Agreement shall be terminated with respect to the Morgan Tower, unless the CDC -HA and the Morgan Developer waive satisfaction of such condition or conditions in writing, in which event the Closing for the Morgan Tower, shall proceed and both parties waive any right to damages or compensation with respect to the unsatisfied condition, subject to any extensions which may be agreed upon pursuant to Section 602 herein. To the extent (i) all closing conditions have been met with respect to the Kimball Tower, and the parties have closed on the Kimball Tower, the failure to meet closing conditions on the Morgan Tower shall not be grounds for a termination of this Agreement with respect to the Kimball Tower or any other Agreement by and among Kimball Developer, National City and/or CDC -HA regarding the Kimball Tower; and (ii) all closing conditions have been met with respect to the Morgan Tower, and the parties have closed on the Morgan Tower, the failure to meet closing conditions on the Kimball Tower shall not be grounds for a termination of this Agreement with respect to the Morgan Tower or any other Agreement by and among Morgan Developer, National City and/or CDC -HA regarding the Morgan Tower. (a) Scope of Rehabilitation. Developer shall have obtained approval from the CDC -HA of the Scope of Rehabilitation for the Kimball Tower or the Morgan Tower, as applicable. (b) TCAC Award. (1) Kimball Tower. The Kimball Developer shall have obtained an allocation or reservation of 4% low income housing tax credits from the California Tax 10 595 of 647 Attachment No. 2 Credit Allocation Committee for the Kimball Tower and an accompanying allocation of tax exempt bonds from the California Debt Limit Allocation Committee for the Kimball Tower. The allocation of tax exempt bonds shall be adequately sized to accommodate the Kimball Developer Note. (2) Morgan Tower. The Morgan Developer shall have obtained an allocation or reservation of 4% low income housing tax credits from the California Tax Credit Allocation Committee for the Morgan Tower and an accompanying allocation of tax exempt bonds from the California Debt Limit Allocation Committee for the Morgan Tower. The allocation of tax exempt bonds shall be adequately sized to accommodate the Morgan Developer Note. (c) Performance and Payment Bond. The Kimball Developer or the Morgan Developer, respectively, shall have caused its contractor to post security in the form of a performance and payment bond in an amount and in a form acceptable to the CDC -HA in its reasonable discretion, to assure the completion of the Scope of Rehabilitation. The performance and payment bond shall insure that completion of the Scope of Rehabilitation is timely accomplished, free and clear of mechanic's liens, stop notices and other encumbrances, concerning the provision of material, labor and supplies. Upon a failure of by the Kimball Developer or the Morgan Developer, as applicable, to timely perform its requirements under the terms of this Agreement, the CDC -HA may resort to the performance and payment bond to ensure performance of this Agreement, by either requiring the bonding company, or its designees, to comply with the terms of this Agreement, or at the election of the CDC -HA, by requiring the bonding company to pay all costs necessary for the CDC -HA, to take over and complete the Scope of Rehabilitation at the cost and expense of the bonding company. (d) Construction Contract. The construction contract for the Scope of Rehabilitation for the Kimball Tower or the Morgan Tower, as applicable, acceptable to the CDC -HA, shall have been executed by the Kimball Developer or the Morgan Developer, as applicable, and the general contractor who has been selected by the Kimball Developer or the Morgan Developer to do the work. (e) Entitlements. The Kimball Developer or the Morgan Developer, as applicable shall have secured any and all land use and other entitlements, permits and approvals which may be required for completion of the Scope of Rehabilitation for the Kimball Tower or the Morgan Tower, as applicable. The Kimball Developer or the Morgan Developer, as applicable, shall have paid any and all applicable fees (including, without limitation, communities facility district fees and public facilities fees imposed by the City or any other governmental agency having jurisdiction with respect to the same), or shall pay such fees concurrently with Closing for the Kimball Tower or the Morgan Tower, as applicable. The CDC -HA shall not be responsible in any way for, the processing of Developer's building permits or other permit applications with the City. The execution of this Agreement does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals. 11 596 of 647 Attachment No. 2 (f) Title Policies. Escrow Agent is prepared and irrevocably obligated to cause to be issued: (i) a title policy insuring the Kimball Developer's interest in the Kimball Leasehold or the Morgan Developer's interest in the Morgan Leasehold, as applicable; and (ii) a title policy insuring the CDC-HA's interest in the Developer Deed of Trust for the Kimball Tower or the Morgan Tower, as applicable. (g) Forms of Documents. The CDC -HA and the Kimball Developer or the Morgan Developer, as applicable, have agreed to the forms of the Ground Lease, Declaration, Developer Deed of Trust, Security Agreement, Environmental Indemnity and all other documents reasonably necessary to complete the Closing for the Kimball Tower or the Morgan Tower, as applicable. In addition, with respect to the Morgan Tower only, the CDC -HA and the Morgan Developer have agreed to the form of the Morgan Developer Note. (h) Financing. Concurrently with the Closing for the Kimball Tower or Closing for the Morgan Tower, as applicable, the Kimball Developer or the Morgan Developer, as applicable shall have obtained all financing and lender approvals necessary to acquire Kimball Tower or the Morgan Tower, as applicable, and complete the applicable Scope or Rehabilitation. 204.2 Closing Conditions for the Benefit of the CDC -HA. The CDC-HA's obligation to Close on each of the Kimball Tower and the Morgan Tower are conditioned upon satisfaction (or waiver) of each and all of the conditions set forth in this Section 204.2 on or before the Closing Deadline for the Kimball Tower or the Closing Deadline for the Morgan Tower, as applicable. Any such waiver shall be effective only if the same is (i) expressly waived in writing signed by the CDC -HA or by email from the CDC -HA, and (ii) delivered or emailed to the Developer and Escrow Agent. In the event that one or more of the conditions set forth in this Section 204.2 are not satisfied or expressly waived on or before the Closing Deadline for the Kimball Tower, the CDC -HA (provided the CDC -HA is not in default hereunder) may unilaterally terminate this Agreement by mailing or emailing notice of conditional termination to the Kimball Developer and Escrow Agent. In the event the Closing for the Kimball Tower has occurred (or would occur concurrently with the Closing for the Morgan Tower), and if one or more of the conditions set forth in this Section 204.2 are not satisfied or expressly waived on or before the Closing Deadline for the Morgan Tower, the CDC -HA (provided the CDC -HA is not in default hereunder) may unilaterally terminate this Agreement with respect to the Morgan Tower by mailing or emailing notice of conditional termination to the Morgan Developer and Escrow Agent. After receipt of any such notice of conditional termination, the Kimball Developer or the Morgan Developer, as applicable, shall have five (5) business days to cure any non -satisfaction of a condition or other default specified in the notice of conditional termination. If such matter is satisfied or cured prior to the expiration of such five (5) day period, then the Closing for the Kimball Tower or the Closing for the Morgan Tower, as applicable, shall proceed and the CDC - HA shall be deemed to have waived any right to damages or compensation with respect to the unsatisfied condition. If such matter remains unsatisfied or the default remains uncured after the expiration of such five (5) day period with respect to the Kimball Tower, then this Agreement shall terminate at the close of business on such fifth (5th) day. In the event the Closing for the Kimball Tower has occurred (or would occur concurrently with the Closing for the Morgan Tower), and 12 597 of 647 Attachment No. 2 any such matter remains unsatisfied or the default remains uncured after the expiration of such five (5) day period with respect to the Morgan Tower, then this Agreement shall terminate with respect to the Morgan Tower at the close of business on such fifth (5th) day. Any such termination of this Agreement shall not release the Developer from liability under this Agreement. (a) No Default. The Kimball Developer or the Morgan Developer, as applicable, is not in default in any of its obligations under the terms of this Agreement and all representations and warranties made by the same to the CDC -HA contained herein shall be true and correct in all material respects. (b) Insurance. Developer shall have provided proof of insurance as required by the CDC -HA. (c) Attorneys' Fees. The Developer has paid prior to or will pay concurrently with the Closing for the Kimball Tower or the Closing for the Morgan Tower, as applicable, all attorneys' fees incurred by the CDC -HA with respect to the same. (d) Deposit of Documents. The Kimball Developer or the Morgan Developer, as applicable, has duly executed and (where necessary) caused to be notarized the Ground Lease, Declaration, Developer Deed of Trust, Security Agreement, Environmental Indemnity and all other documents reasonably required by the CDC -HA or reasonably necessary to complete the Closing for the Kimball Tower or the Morgan Tower, as applicable, and has deposited the same into Escrow. In addition, with respect to the Morgan Tower only, the Morgan Developer has duly executed the Morgan Developer Note and has deposited the same into Escrow. (c) Additional Documents. The deposit by the Kimball Developer or the Morgan Developer, as applicable, into Escrow of all other documents and instruments reasonably required by Escrow. 204.3 Closing Conditions for the Benefit of the Developer. The Developer's obligation to Close on each of the Kimball Tower and the Morgan Tower are conditioned upon satisfaction (or waiver) of each and all of the conditions set forth in this Section 204.3 on or before the Closing Deadline for the Kimball Tower or the Closing Deadline for the Morgan Tower, as applicable. Any such waiver shall be effective only if the same is (i) expressly waived in writing signed by, or by email from, the Kimball Developer or the Morgan Developer, as applicable, and (ii) delivered or emailed to the CDC -HA and Escrow Agent. In the event that one or more of the conditions set forth in this Section 204.3 are not satisfied or expressly waived on or before the Closing Deadline for the Kimball Tower, the Kimball Developer (provided the Kimball Developer is not in default hereunder) may unilaterally terminate this Agreement by mailing or emailing notice of conditional termination to the CDC -HA and Escrow Agent. In the event the Closing for the Kimball Tower has occurred (or would occur concurrently with the Closing for the Morgan Tower), and if one or more of the conditions set forth in this Section 204.3 are not satisfied or expressly waived on or before the Closing Deadline for the Morgan Tower, the Morgan Developer (provided the Morgan Developer is not in default hereunder) may unilaterally terminate this Agreement with respect to the Morgan Tower by mailing or emailing notice of conditional 13 598 of 647 Attachment No. 2 termination to the CDC -HA and Escrow Agent. After receipt of such notice of conditional termination, the CDC -HA shall have five (5) business days to cure any non -satisfaction of a condition or other default specified in the notice of conditional termination. If such matter is satisfied or cured prior to the expiration of such five (5) day period, then the Closing for the Kimball Tower or the Closing for the Morgan Tower, as applicable, shall proceed and the Developer waives any right to damages or compensation with respect to the unsatisfied condition. If such matter remains unsatisfied or the default remains uncured after the expiration of such five (5) day period with respect to the Kimball Tower, then this Agreement shall terminate at the close of business on such fifth (5th) day. In the event the Closing for the Kimball Tower has occurred (or would occur concurrently with the Closing for the Morgan Tower), and any such matter remains unsatisfied or the default remains uncured after the expiration of such five (5) day period with respect to the Morgan Tower, then this Agreement shall terminate with respect to the Morgan Tower at the close of business on such fifth (5th) day. Any such termination of this Agreement shall not release the CDC -HA from liability under this Agreement. (a) No Default. The CDC -HA is not in default in any of its obligations under the terms of this Agreement and all representations and warranties of the CDC -HA contained herein shall be true and correct in all material respects. (b) Deposit of Documents. The CDC -HA has duly executed and (where necessary) caused to be notarized the Ground Lease, Declaration, Developer Deed of Trust, Security Agreement, Environmental Indemnity and all other documents reasonably required by the CDC -HA or reasonably necessary to complete the Closing for the Kimball Tower or the Morgan Tower, as applicable, and has deposited the same into Escrow. (c) Additional Documents. The deposit by the CDC -HA into Escrow of all other documents and instruments reasonably required by Escrow. (d) Kimball HAP Contract. Kimball Developer shall receive from CDC -HA and/or HUD (as applicable) a Section 8 Housing Assistance Payment Agreement with a minimum term of twenty (20) years to provide Section 8 Project Based Vouchers or Section 8 Project Based Rental Assistance for one hundred forty-nine (149) units at the Kimball Tower on terms acceptable to Kimball Developer in its sole and absolute discretion. (e) Morgan HAP Contract. Morgan Developer shall receive from HUD a Section 8 Housing Assistance Payment Agreement with a minimum term of twenty (20) years to provide Section 8 Project Based Housing Assistance Payment for one hundred fifty-one (151) units at the Morgan Tower on terms acceptable to Morgan Developer in its sole and absolute discretion. 205. Subsequent Financing. No secured loan, deed of trust, or encumbrance, except for the Construction Deed of Trust and Permanent Deed of Trust shall be placed upon any portion of the Kimball Leasehold or Morgan Leasehold, whether by refinancing or otherwise, without first obtaining the express written consent of the CDC -HA, except for any Permitted Transfer as defined in Section 603.2, below, which consent shall not be unreasonably delayed, conditioned or 14 599 of 647 Attachment No. 2 withheld. Further, during any CDC -HA approved refinancing or subsequent encumbrance, the City and SHA shall be provided American Land Title Association ("ALTA") title insurance policy or endorsements acceptable to the CDC -HA, at the cost and expense of Developer. Said written consent shall be at the CDC-HA's sole discretion, failure to obtain such consent shall be a Default hereunder and such unconsented to financing or refinancing shall be void. Except for Permitted Transfers and refinancings allowed by this Section 205, if Developer refinances the Kimball Leasehold or Morgan Leasehold without previously obtaining the CDC-HA's prior written consent, the CDC -HA shall receive one hundred percent (100%) of the net amount of the refinancing. 206. Default. Notwithstanding Section 501, below, after the Closings for each of the Kimball Tower and the Morgan Tower and notwithstanding anything contained herein to the contrary, in the event of any Default, beyond any applicable cure period, in the performance of any of the terms, covenants and conditions contained in: (i) this Agreement (subject to a 30 days cure period); (ii) any document or instrument executed by the Developer in conjunction with this Agreement; (iii) any prior or junior note secured by an encumbrance on the Kimball Leasehold or the Morgan Leasehold, as applicable, or any portions of such leaseholds; (iv) any note or deed of trust given in conjunction herewith; (v) in the event of the filing of a bankruptcy proceeding by the Kimball Developer or the Morgan Developer; or (vi) in the event of the filing of a bankruptcy against the Kimball Developer or the Morgan Developer which is not dismissed within ninety (90) days of filing, then (a) all sums owing by the Kimball Developer or the Morgan Developer, respectively, to the CDC -HA with respect to the Kimball Tower or Morgan Tower, respectively, shall at the option of CDC -HA immediately become due and payable; (b) the CDC -HA shall have the right to foreclosure under the applicable Developer Deed of Trust; and (c) CDC -HA shall be released from any and all obligations to Developer under the terms of this Agreement to the Kimball Developer or the Morgan Developer, respectively. These remedies shall be in addition to any and all other rights and remedies available to CDC -HA, either at law or in equity. Further, default interest shall accrue on the principal balance of the Morgan Developer Note from the date of the Morgan Developer Note at the rate of ten percent (10%) simple interest per annum or the maximum rate than allowed by law, whichever is less. 207. Representations and Warranties. 207.1 CDC -HA Representations and Warranties. CDC -HA represents and warrants to Developer that the CDC -HA is a public body, corporate and politic, existing pursuant to the California Community Redevelopment Law (California Health and Safety Code Section 33000), which has been authorized to transact business pursuant to action of the City. CDC -HA has full right, power and lawful authority to ground lease the Kimball Property and the Morgan Property as provided herein and the execution, performance and delivery of this Agreement by CDC -HA has been fully authorized by all requisite actions on the part of CDC -HA. 207.2 Developer's Representations and Warranties. Each of the Kimball Developer and the Morgan Developer represents and warrants to CDC -HA as follows: (a) Authority. The Kimball Developer and the Morgan Developer is a California limited partnership. The persons executing this Agreement on behalf of each of 15 600 of 647 Attachment No. 2 the Kimball Developer and the Morgan Developer have all necessary authority to execute this Agreement on behalf of Kimball Developer or the Morgan Developer, respectively, and this Agreement is a binding obligation of Developer. Copies of the Certificate of Limited Partnership and Partnership Agreement of each of the Kimball Developer and the Morgan Developer, will be delivered to CDC -HA within five (5) business days of final approval of the Agreement. These copies will be true, complete and fully -executed copies of the originals, as amended to the date of this Agreement. Each of the Kimball Developer and the Morgan Developer will have full right, power and lawful authority to enter into the applicable Ground Lease and undertake all obligations as provided in this Agreement. The execution, performance and delivery of this Agreement by each of the Kimball Developer and the Morgan Developer has been fully authorized by resolution of and all requisite actions on the part of the respective Developer. (b) No Conflict. Developer's execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which Developer is a party or by which it is bound. (c) No Bankruptcy. Developer is not the subject of a bankruptcy proceeding. (d) Rent and Occupancy Restrictions. Developer shall at all times after the Closing during the 55-year term comply with the requirements of the Declaration. 208. Studies and Reports. Prior to the Closing, representatives of Developer shall have the right of access to all portions of the Property for the purpose of obtaining data and making surveys and tests necessary to carry out this Agreement. Any preliminary work undertaken on the Property by Developer prior to the Closing shall be done at the sole risk and expense of Developer. Any preliminary work shall be undertaken only after securing all necessary permits from the appropriate governmental agencies. 209. Condition of the Property. 209.1 "As -Is," "Where -Is". The CDC -HA has not investigated and makes no representations or warranties whatsoever regarding the condition of the Property. Developer hereby agrees to take title to the Kimball Leasehold and the Morgan Leasehold "as -is." The Kimball Leasehold and the Morgan Leasehold shall be conveyed to the Developer in an "as -is" physical and environmental condition, with no warranty, express or implied, by the CDC -HA as to the condition of any existing improvements, the soil, its geology, the presence of known or unknown faults or Hazardous Materials or toxic substances, and it shall be the sole responsibility of the Developer at its expense to investigate and determine the physical and environmental conditions. The Developer shall have the right to engage its own environmental consultant (the "Environmental Consultant") and other consultants to make such investigations of the Property as the Developer deems necessary, including any soils, geotechnical and other testing of the Property, and the CDC -HA shall promptly be provided a copy of all reports and test results provided to the Developer by the Environmental Consultant (collectively, the "Environmental Reports"). The Developer shall reasonably approve or disapprove of the physical and environmental condition of the Property no later than forty-five (45) days from the date from the date this Agreement is 16 601 of 647 Attachment No. 2 executed by the CDC -HA, provided that the Developer shall have the right to approve or disapprove any further environmental conditions (which are not created by the Developer) that first occur after such deadline for Developer's approval. The Developer's failure to deliver written notice of its disapproval within such time limit shall be deemed approval of the physical and environmental condition of the Property and a waiver of Developer's right to object to the physical and environmental condition of the Property. If the Developer approves or is deemed to approve the physical and environmental condition of the Property, then, as between Developer, City and CDC -HA, it shall be the sole responsibility and obligation of the Developer to take such action as may be necessary to place the physical and environmental conditions of the Property in a condition entirely suitable for the purposes set forth in this Agreement. 209.2 Developer Precautions After Closing. From and after the Closing for the Kimball Tower and the Closing for the Morgan Tower, respectively, Developer shall take all necessary precautions to prevent the release in, on or under the Property of any Hazardous Materials. Such precautions shall include compliance with all Governmental Requirements with respect to Hazardous Materials. In addition, Developer shall install and utilize such equipment and implement and adhere to such procedures as are consistent with commercially reasonable standards as respects the disclosure, storage, use, removal and disposal of Hazardous Materials. 209.3 Required Disclosures After Closing. From and after the Closing for the Kimball Tower and the Closing for the Morgan Tower, respectively, Developer shall notify CDC - HA, and provide the CDC -HA with a copy or copies, of all environmental permits, disclosures, applications, entitlements or inquiries relating to the Property, including notices of violation, notices to comply, citations, inquiries, clean-up or abatement orders, cease and desist orders, reports filed pursuant to self -reporting requirements and reports filed or applications made pursuant to any Governmental Requirements relating to Hazardous Materials and underground tanks. Developer shall report to the CDC -HA, as soon as possible after each incident, any unusual or potentially important incidents with respect to the environmental condition of the Property. In the event of a release of any Hazardous Materials into the environment, Developer shall, as soon as possible after the release, deliver to the CDC -HA a copy of any and all reports relating thereto and copies of all correspondence with governmental agencies relating to the release. Upon request, Developer shall deliver to the CDC -HA a copy or copies of any and all other environmental entitlements or inquiries relating to or affecting the Property including, but not limited to, all permit applications, permits and reports including, without limitation, those reports and other matters which may be characterized as confidential. 210. Developer Indemnity. From and after the Closing for the Kimball Tower and the Closing for the Morgan Tower, respectively, Developer agrees to indemnify, defend and hold CDC -HA harmless from and against any claim, action, suit, proceeding, loss, cost, damage, liability, deficiency, fine, penalty, punitive damage, or expense (including, without limitation, attorneys' fees), resulting from, arising out of, or based upon any of the following: (i) the presence, release, use, generation, discharge, storage or disposal of any Hazardous Materials on, under, in or about, or the transportation of any such Hazardous Materials to or from, the Property, or (ii) the violation, or alleged violation, of any statute, ordinance, order, rule, regulation, permit, judgment or license relating to the use, generation, release, discharge, storage, disposal or transportation of Hazardous Materials on, under, in or about, to or from, the Property. This indemnity shall include, 17 602 of 647 Attachment No. 2 without limitation, any damage, liability, fine, penalty, parallel indemnity after closing cost or expense arising from or out of any claim, action, suit or proceeding for personal injury (including sickness, disease or death), tangible or intangible property damage, compensation for lost wages, business income, profits or other economic loss, damage to the natural resource or the environment, nuisance, contamination, leak, spill, release or other adverse effect on the environment. Provided, however, that this indemnity shall be limited to claims, actions, suits, proceedings, losses, costs, damages, liabilities, deficiencies, fines, penalties, punitive damages, or expenses due to conditions first occurring from and after the Closing for the Kimball Tower and the Closing for the Morgan Tower, respectively. This indemnity does not include any condition arising solely as a result of the negligence or willful misconduct of the CDC -HA or its employees, agents, representatives, successors or assigns. This Section 210 shall apply with respect to the Kimball Developer only with respect to the Kimball Property, Kimball Leasehold and Kimball Tower and shall apply with respect to the Morgan Developer only with respect to the Morgan Property, Morgan Leasehold and Morgan Tower, i.e., the Kimball Developer shall not have any obligations or liability with respect to the Morgan Property, Morgan Leasehold or Morgan Tower and the Morgan Developer shall not have any obligations or liability with respect to Kimball Property, Kimball Leasehold or Kimball Tower. 300. Scope of Rehabilitation. 301. CDC -HA Review and Approval of the Scope of Rehabilitation. Developer shall prepare and submit a Scope of Rehabilitation for each of the Kimball Tower and the Morgan Tower to the CDC -HA for review and approval. The CDC -HA shall have the right to review and approve or disapprove all aspects of the Scope of Rehabilitation for each of the Kimball Tower and the Morgan Tower. Developer acknowledges and agrees that the CDC -HA is entitled to approve or disapprove the Scope of Rehabilitation for each of the Kimball Tower and the Morgan Tower in order to satisfy the CDC-HA's obligation to promote the sound rehabilitation and redevelopment of the Project, to promote a high level of design which will impact the surrounding development, and to provide an environment for the social, economic and psychological growth and well-being of the citizens of the City, including but not limited to the residents of the Kimball Tower and the Morgan Tower. Developer shall not be entitled to any monetary damages or compensation as a result of the CDC-HA's disapproval or failure to approve or disapprove the Scope of Rehabilitation for the Kimball Tower or the Morgan Tower. 302. Standards for Disapproval. The CDC -HA shall have the right to disapprove in its reasonable discretion any of the Scope of Rehabilitation for each of the Kimball Tower and the Morgan Tower, as set forth in Section 301, above, including without limitation if the same do not conform to this Agreement or are otherwise incomplete. In the event the Scope of Rehabilitation for either the Kimball Tower and the Morgan Tower is not approved, the CDC -HA shall state in writing provided to the Developer the reasons for disapproval. Developer, upon receipt of notice of disapproval from the CDC -HA, shall revise such portions and resubmit the revised Scope of Rehabilitation to the CDC -HA for approval. The CDC -HA and Developer agree to work together in good faith to resolve any disagreements and disputes regarding the Scope of Rehabilitation. 303. Revisions. If Developer desires to propose any revisions to the CDC -HA -approved Scope of Rehabilitation after approval, the Developer shall submit such proposed changes to the 18 603 of 647 Attachment No. 2 CDC -HA. If the Scope of Rehabilitation, as modified by the proposed changes, generally and substantially conforms to the requirements of the Scope of Rehabilitation and this Agreement, the CDC -HA shall review the proposed changes and notify Developer in writing within thirty (30) days after submission to the CDC -HA whether the proposed change is approved or disapproved. The CDC-HA's Executive Director is authorized to approve changes to the Scope of Rehabilitation. Provided, however, the CDC -HA shall have no obligation to approve any change from the basic use of the Property for anything other than a multifamily, affordable housing project. 304. Defects in Plans. The CDC -HA shall not be responsible or liable in any way, either to Developer or to any third parties, for any defects in the Scope of Rehabilitation, or for any structural or other defects in any work done according to the approved Scope of Rehabilitation, or for any delays caused by the review and approval processes established by this Section 300. Developer shall hold harmless and indemnify CDC -HA, the City and their officers, employees, agents and representatives from and against any and all claims, demands and suits for damages to property or injuries to persons arising out of or in any way relating to the Property, including without limitation any defects in the Scope of Rehabilitation, violation of any laws, and for defects in any work done according to the approved Scope of Rehabilitation or for defects in work performed by Developer or any contractor or subcontractor of Developer. 305. Land Use Approvals. Before commencement of the Scope of Rehabilitation work or any works of improvement at the Property, Developer shall, at Developer's sole expense, secure or cause to be secured any and all land use and other entitlements, permits and approvals which may be required for the Scope of Rehabilitation work by the City or any other governmental agency affected by such rehabilitation, construction or work. Neither CDC -HA, nor the City shall be responsible in any way for, the processing of Developer's building permits or other permit applications with the City and the execution of this Agreement does not constitute the granting of or a commitment to obtain any required land use permits, entitlements or approvals. 306. Deadline for Completion of the Scope of Rehabilitation. The Scope of Rehabilitation work for the Kimball Tower and the Scope of Rehabilitation work for the Morgan Tower shall be completed in accordance not later than twenty-four (24) months from the Closing for the Kimball Tower or the Closing for the Morgan Tower, as applicable. Failure to complete all of the Scope of Rehabilitation work for the Kimball Tower or the Scope of Rehabilitation work for the Morgan Tower, as applicable, shall, inter alia, be a default by the Morgan Developer or the Kimball Developer respectively, entitling the CDC -HA to exercise all of its rights and remedies, including without limitation foreclosure of the applicable Developer Deed of Trust. 307. Cost of Project. All costs of the Project whatsoever shall be borne by Developer, including without limitation the cost of planning, designing, developing and rehabilitating the Kimball Tower and the Morgan Tower in accordance with the applicable Scope of Rehabilitation. 307.1 Project Budget. The Developer has submitted the Initial Project Budget to CDC -HA. The Project Budget summarizes the current estimates of the sources and uses of funds for the complete rehabilitation of each of the Kimball Tower and the Morgan Tower. By its execution of this Agreement, CDC -HA has given its approval to the Initial Project Budget. While 19 604 of 647 Attachment No. 2 the Initial Project Budget has been prepared based on the best, good faith estimate of the Developer of the costs which are likely to be incurred for the rehabilitation of the Kimball Tower and the Morgan Tower, the parties recognize that events and circumstances not currently contemplated, some of which are outside of the control of the parties, could result in changes in the costs of rehabilitating one or both Projects, necessitating changes in the Project Budget. Changes in the Scope of Rehabilitation could also be made during any public hearing or approval process which results in increased costs for the Project not contemplated in the Project Budget. Changes in costs could be occasioned by conditions found in the field which were not anticipated as of the date of execution of this Agreement, including changes (and delays which result from changes) as a result of onsite inspections. Due to the impact of other, competing demands for staff time, inspections themselves might be delayed. 307.2 Because of the specialized nature of the funding for the Scope of Rehabilitation, unanticipated material changes could constitute a challenge to the Project completion and may cause additional costs to the Project unanticipated in the Initial Project Budget. Should the Developer become aware of any such material fact or circumstance which will result in a material increase in the Scope of Rehabilitation (a cost or costs will constitute a "material increase" if (i) alone or cumulatively, such costs result in increased expenses in excess of $100,000, but which expenses might be absorbed out of contingency funds; or (ii) alone or cumulatively, such costs result in an increase for a Phase in excess of $250,000 which cannot be paid from sources of funds identified in the Project Budget), the Developer shall give written notice to CDC - HA, which notice shall identify the material change or changes, shall itemize the costs which the Developer anticipates will result therefrom and shall request that CDC -HA take one or more of the following actions: i. Agree to the transfer of amounts between line items within each Project Budget. At the request of either Developer, and subject to the approval of CDC -HA, which will not be unreasonably withheld, conditioned or delayed, funds reflected in one line item of a Project Budget which are unexpended at the substantial completion of the work delineated therein may be transferred to the account and line item for contingencies, or, with the consent of CDC -HA, not to be unreasonably withheld, transferred directly to another account of another line item in the Project Budget. ii. Approve modifications to the Scope of Rehabilitation reasonably necessary or required to deal with such changed circumstances and material increases. Such modifications might include phasing or deferral of Project amenities until additional funding is available or secured, downsizing or eliminating Project design items or amenities, etc. All financing for the Scope of Rehabilitation shall be subject to the review and approval of the CDC -HA, which review and approval shall not be unreasonably withheld, conditioned or delayed. The CDC -HA shall respond within fifteen (15) days of either Developer's submission of any proposed financing. Each Developer will be responsible for maximizing use of leveraged financing sources from other community development funding sources as available. The CDC-HA's approvals of any such modifications shall not be unreasonably withheld, conditioned or delayed. The CDC -HA acknowledges that the Kimball Developer has applied for an Affordable Housing Program Loan from a Federal Home Loan Bank member institution (the "AHP Loan"). The CDC- 20 605 of 647 Attachment No. 2 HA and each Developer further acknowledge that each Developer has applied for an AHP Loan, and that if either Developer is not awarded an AHP Loan, such Developer will submit up to two additional applications for an AHP Loan. If either Developer has made three unsuccessful applications for an AHP Loan, then CDC -HA will increase the total amount of the either the Kimball Acquisition Loan or the Morgan Acquisition Loan in an amount sufficient to fill any gaps in the respective Project Budget due to the unavailability of an AHP Loan. iii. Agree to allow the Developer to obtain additional funding sufficient to pay such material increases. Such funding sources might, upon approval by CDC -HA, include CDC -HA support for applications for additional and/or new funding from additional or new governmental or private funding programs established for low and moderate income housing. Once the CDC -HA and each Developer has agreed upon a final sources and uses for the Scope of Rehabilitation, then the parties shall replace the Initial Project Budget with a final approved project budget (the "Final Project Budget"), which shall include development sources and uses and an operating budget. 308. Insurance Requirements. Developer shall take out and maintain during the terms of each of the Declarations and shall cause its contractor and subcontractors to take out and maintain until completion of the applicable Scope of Rehabilitation, a comprehensive general liability policy in the amount of not less than $4,000,000 combined single limit policy and not less than $1,000,000 combined single limit policy for subcontractors; provided that the use of umbrella / excess liability policies to achieve such limits will be acceptable, and a comprehensive automobile liability policy in the amount of $1,000,000 combined single limit, or such other policy limits as the CDC -HA may approve at its discretion, including contractual liability, as shall protect Developer, City and CDC -HA from claims for such damages. Such policy or policies shall be written on an occurrence form. Developer shall also furnish or cause to be furnished to the CDC - HA evidence satisfactory to the CDC -HA that Developer, and any contractor with whom it has contracted for the performance of work on the Property or otherwise pursuant to this Agreement, carries workers' compensation insurance as required by law. Developer shall furnish a certificate of insurance countersigned by an authorized agent of the insurance carrier on a form approved by the CDC -HA setting forth the general provisions of the insurance coverage. This countersigned certificate shall name the City and CDC -HA and their respective officers, agents, and employees as additionally insured parties under the policy, and the certificate shall be accompanied by a duly executed endorsement evidencing such additional insured status. The certificate and endorsement by the insurance carrier shall contain a statement of obligation on the part of the carrier to notify the City and CDC -HA of any material change, cancellation or termination of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation or termination. Coverage provided hereunder by Developer shall be primary insurance and not be contributing with any insurance maintained by the City of CDC -HA, and the policy shall contain such an endorsement. The insurance policy or the endorsement shall contain a waiver of subrogation for the benefit of the City and CDC -HA. The required certificates shall be furnished 21 606 of 647 Attachment No. 2 by Developer prior to the Closing for the Kimball Tower or the Closing for the Morgan Tower, as applicable. 309. Developer's Indemnity. The Developer shall be responsible for all injuries to persons and/or all damages to real or personal property of the City, CDC -HA or others, caused by or resulting from the negligence and/or breach of this Agreement, by the Developer, its employees, subcontractors and/or its agents during the term of this Agreement. The Developer shall defend and hold harmless and indemnify the City, CDC -HA and all of their officers and employees from all costs, damages, judgments, expenses and claims to any third party resulting from the negligence and/or breach of this Agreement, by the Developer, Developer's directors, officers, partners, members, employees, subcontractors and/or its agents and assigns or any employee of Developer's directors, officers, partners, or members, arising out of the rehabilitation of the Project and/or the breach of this Agreement, except those arising from the sole negligence or willful misconduct of the City or CDC -HA. This Section 309 shall apply with respect to the Kimball Developer only with respect to the Kimball Property, Kimball Leasehold and Kimball Tower and shall apply with respect to the Morgan Developer only with respect to the Morgan Property, Morgan Leasehold and Morgan Tower, i.e., the Kimball Developer shall not have any obligations or liability with respect to the Morgan Property, Morgan Leasehold or Morgan Tower and the Morgan Developer shall not have any obligations or liability with respect to Kimball Property, Kimball Leasehold or Kimball Tower. 310. Rights of Access. The Developer agrees to allow the CDC -HA and its representatives to access the Property to review and inspect the Developer's activities under this Agreement as the CDC -HA shall require. The CDC -HA shall monitor the Developer's activities without liability for said inspection and review. 311. Compliance With Laws. The Developer represents and warrants that during the term of this Agreement that it will comply with all State and Federal Davis Bacon prevailing wage requirements to the extent the same are applicable to the work. The Developer shall carry out the design and completion of the Scope of Rehabilitation in conformity with all applicable laws, including all applicable state labor standards, the City zoning and development standards, building, plumbing, mechanical and electrical codes, and all other provisions of the Title 24 of the California Code of Regulations, and all applicable disabled and handicapped access requirements, including without limitation the Americans With Disabilities Act, 42 U.S.C. Section 12101, et seq., Government Code Section 4450, et seq., Government Code Section 11135, et seq., and the Unruh Civil Rights Act, Civil Code Section 51, et seq. The Developer hereby agrees to carry out development, rehabilitation, construction and operation of the Property, including, without limitation, any and all public works (as defined by applicable law), in conformity with all applicable local, state and federal laws, including, without limitation, all applicable federal and state labor laws (including, without limitation, any requirement to pay State prevailing wages or Federal Davis Bacon wages). Developer hereby expressly acknowledges and agrees that neither the City nor the CDC -HA has ever previously affirmatively represented to the Developer or its contractor(s) in writing or otherwise, in a call for bids or otherwise, that the work to be covered by the bid or contract is or is not a "public work," as defined in Section 1720 of the Labor Code. Developer hereby agrees that Developer shall have the obligation to provide any and all disclosures, representations, statements, rebidding, and/or identifications which may be required 22 607 of 647 Attachment No. 2 by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. Developer hereby agrees that Developer shall have the obligation to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the Civil Code, Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. The Developer hereby agrees that the Developer shall have the obligation, at the Developer's sole cost, risk and expense, to obligate any party as may be required by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. Developer shall indemnify, protect, defend and hold harmless the City, the CDC -HA and their respective officers, employees, contractors and agents, with counsel reasonably acceptable to the City and the CDC -HA, from and against any and all loss, liability, damage, claim, cost, expense, and/or "increased costs" (including labor costs, penalties, reasonable attorneys' fees, court and litigation costs, and fees of expert witnesses) which, in connection with the completion of the Scope of Rehabilitation, including, without limitation, any and all public works (as defined by applicable law), results or arises in any way from any of the following: (i) the noncompliance by Developer of any applicable local, state and/or federal law, including, without limitation, any applicable federal and/or state labor laws (including, without limitation, if applicable, the requirement to pay state prevailing wages); (ii) the implementation of Sections 1726 and 1781 of the Labor Code, as the same may be enacted, adopted or amended from time to time, or any other similar law; (iii) failure by Developer to provide any required disclosure, representation, statement, rebidding and/or identification which may be required by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law; (iv) failure by Developer to provide and maintain any and all bonds to secure the payment of contractors (including the payment of wages to workers performing any public work) which may be required by the Civil Code, Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law; and/or (v) failure by the Developer to obligate any party as may be required by Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, or any other provision of law. It is agreed by the parties that, in connection with the development, rehabilitation, construction and operation of the Property, including, without limitation, any public work (as defined by applicable law), Developer shall bear all risks of payment or non-payment of state prevailing wages and/or the implementation of Labor Code Sections 1726 and 1781, as the same may be enacted, adopted or amended from time to time, and/or any other provision of law. "Increased costs" as used in this Section shall have the meaning ascribed to it in Labor Code Section 1781, as the same may be enacted, adopted or amended from time to time. The foregoing indemnity shall survive termination of this Agreement. This Section 311 shall apply with respect to the Kimball Developer only with respect to the Kimball Property and shall apply with respect to the Morgan Developer only with respect to the Morgan Property. 312. Nondiscrimination in Employment. Developer certifies and agrees that all persons employed or applying for employment by it, its affiliates, subsidiaries, or holding companies, and all subcontractors, bidders and vendors, are and will be treated equally by it without regard to, or because of race, color, religion, ancestry, national origin, sex, age, pregnancy, childbirth or related medical condition, medical condition (cancer related) or physical or mental disability, and in compliance with Title VII of the Civil Rights Act of 1964, 42 U.S.C. Section 2000, et seq., the Federal Equal Pay Act of 1963, 29 U.S.C. Section 206(d), the Age Discrimination in Employment 23 608 of 647 Attachment No. 2 Act of 1967, 29 U.S.C. Section 621, et seq., the Immigration Reform and Control Act of 1986, 8 U.S.C. Section 1324b, et seq., 42 U.S.C. Section 1981, the California Fair Employment and Housing Act, Cal. Government Code Section 12900, et seq., the California Equal Pay Law, Cal. Labor Code Section 1197.5, Cal. Government Code Section 11135, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., and all other anti -discrimination laws and regulations of the United States and the State of California as they now exist or may hereafter be amended. Developer shall allow representatives of the CDC -HA access to its employment records related to this Agreement during regular business hours to verify compliance with these provisions when so requested by the CDC -HA. 313. Taxes and Assessments. After each Closing, the respective Developer shall pay prior to delinquency all ad valorem real estate taxes and assessments on the Kimball Leasehold or the Morgan Leasehold, respectively. Developer shall remove or have removed any levy or attachment made after the Closing on the Kimball Leasehold or the Morgan Leasehold, respectively, or any part thereof, or assure the satisfaction thereof within a reasonable time. 314. Liens and Stop Notices. Developer shall not allow to be placed on the Kimball Leasehold, the Morgan Leasehold or the Property or any part thereof any lien or stop notice. If a claim of a lien or stop notice is given or recorded affecting the Kimball Leasehold, the Morgan Leasehold or the Property, the respective Developer shall, within thirty (30) days of such recording or service or within five (5) days of the CDC-HA's demand, whichever last occurs: (a) pay and discharge the same; (b) effect the release thereof by recording and delivering to the CDC -HA a surety bond in sufficient form and amount as approved by the CDC -HA in its sole discretion; or (c) provide the CDC -HA with other assurance which the CDC -HA deems, in its sole discretion, to be satisfactory for the payment of such lien or bonded stop notice and for the full and continuous protection of the CDC -HA from the effect of such lien or bonded stop notice. 315. Financing of the Project. 315.1 No Encumbrances Except Mortgages or Deeds of Trust. Mortgages and deeds of trust may be permitted only with the CDC-HA's prior written approval, and only for the purpose of securing loans of funds to be used for financing the Scope of Rehabilitation work, and any other purposes deemed necessary and appropriate by the CDC -HA in connection with development under this Agreement. The Developer shall notify the CDC -HA in advance of the execution or recordation of any mortgage or deed of trust. The Developer shall not enter into any mortgage or deed of trust for financing without the prior written approval of the CDC -HA, which approval the CDC -HA agrees to give if any such mortgage or deed of trust for financing is given to a responsible financing lending institution or person or entity, as determined by the CDC -HA in its reasonable discretion. The CDC -HA agrees that the Developer Deed of Trust shall be 24 609 of 647 Attachment No. 2 subordinated to any Construction Deed of Trust, such subordination shall be via a subordination agreement in a form acceptable to the CDC -HA in its reasonable discretion. 315.2 Right of CDC -HA to Cure Mortgage or Deed of Trust Default. In the event of a mortgage or deed of trust default or breach by the Developer, the Developer shall immediately deliver to the CDC -HA a copy of any mortgage holder's notice of default. The CDC -HA shall have the right but not the obligation to cure the default. In such event, the CDC -HA shall be entitled to reimbursement from the Developer of all costs and expenses incurred by the CDC -HA in curing such default, including without limitation attorneys' fees. 316. Occupancy Monitoring and Inspection Fees; Records and Reports. Each year during the terms of each of the Declarations, the Developer shall pay to the CDC -HA an affordable housing occupancy monitoring and inspection fee of $201 per unit per year, escalating at 3.5% annually. The Developer shall supply CDC -HA, annually, on May 31 st, of each year during the term of this Agreement, for the immediately prior calendar year, with such records and reports as are required and are requested by the CDC -HA to aid it in complying with its reporting and record keeping requirements. The records and reports include, but are not limited to the following: (a) Amount of funds expended pursuant to this Agreement; (b) Eligible tenant information, including yearly income verifications; (c) On -site inspection results; (d) Housing payments charged to tenants; (e) Affirmative marketing records; (f) Insurance policies and notices; (g) Equal Employment Opportunity and Fair Housing records; (h) Labor costs and records; (i) Audited income and expense statement, balance sheet and statement of cash flows for the Developer; (j) Federal and State income tax returns for the calendar year, ending on the preceding December 31st; (k) Annual budget of reserves for repair and replacement; (1) Annual certification and representation regarding status of all loans, encumbrances and taxes; 25 610 of 647 Attachment No. 2 (m) Such other and further information and records as the CDC -HA shall reasonably request in writing from the Developer. 317. Flood Insurance. Developer represents, warrants, and certifies that the Property is located within a community participating in the National Flood Insurance Program and Developer agrees to purchase and maintain flood insurance for the duration of the term of this Agreement. 318. Accessibility Standards. Developer represents and warrants that it will comply with all federal, state and local requirements and regulations concerning access to the units by the disabled and handicapped persons. 400. Covenants and Restrictions. 401. Affordable Units. Developer covenants and agrees for itself, its successors, assigns, and every successor in interest to the Kimball Leasehold or the Morgan Leasehold, respectively, or any part thereof, that upon the Closing and thereafter, Developer shall comply with the applicable Declaration for the period of time specified herein. The obligation of the CDC -HA to enter into each Ground Lease is conditioned upon the execution, and recordation of the Declaration against the Kimball Leasehold and the Morgan Leasehold. The Declaration for the Kimball Leasehold shall contain housing payment and income level restrictions for the one hundred forty- nine (149) Affordable Units in the Kimball Tower. The Declaration for the Morgan Leasehold shall contain housing payment and income level restrictions for the one hundred fifty-one (151) Affordable Units in the Morgan Tower. All of the Affordable Units shall be restricted to occupancy by Very Low Income Households with monthly rental rates restricted to the Maximum Rents as set forth in more detail in the Declaration. Provided, however, the CDC -HA acknowledges that there are currently several units at each of the Kimball Tower and Morgan Tower which are currently occupied by tenants whose incomes no longer qualify as Very Low Income Households (the "Existing Over -Income Units"), and the CDC -HA further agrees that the Existing Over -Income Units will continue to be treated as Very Low Income Households, so long as upon the vacancy of any Existing Over -Income Unit, such unit must then be rented to a qualifying Very Low Income Household. 402. Maintenance Covenants. The Developer represents and warrants that after completion of Scope of Rehabilitation, the Kimball Property, the Morgan Property and all of the Affordable Units shall continually be maintained in a decent, safe and sanitary condition, and in good repair as described in 24 C.F.R. §5.703, and in a manner which satisfies the Uniform Physical Conditions Standards promulgated by the Department of Housing and Urban Development (24 C.F.R. §5.705), as such standards are interpreted and enforced by the CDC -HA under its normal policies and procedures. The Developer warrants that all rehabilitation work shall meet or exceed the applicable local codes and construction standards, including zoning and building codes of the City of National City as well as the provisions of the Model Energy Code published by the Council of American Building Officials. The Developer hereby consents to periodic inspection by the CDC-HA's designated inspectors and/or designees during regular business hours, including the Code Enforcement Agents of the City, to assure compliance with all applicable zoning, building codes, regulations and property standards. 26 611 of 647 Attachment No. 2 403. Obligation to Refrain from Discrimination. 403.1 State and Federal Requirements. The Developer shall, at all times during the term of this Agreement, comply with all of the affirmative marketing procedures adopted by the CDC -HA. The Developer shall maintain records to verify compliance with the applicable affirmative marketing procedures and compliance. Such records are subject to inspection by the CDC -HA during regular business hours upon five (5) days written notice. 404.2 Additional Requirements. Developer hereby agrees to comply with the Title VII of the Civil Rights Act of 1964, as amended, the California Fair Employment Practices Act, and any other applicable Federal and State laws and regulations. 404.3 Fair Housing Laws. All activities carried out by the Developer and/or agents of the Developer shall be in accordance with the requirements of the Federal Fair Housing Act. The Fair Housing Amendments Act of 1988 became effective on March 12, 1989. The Fair Housing Amendments Act of 1988 and Title VIII of the Civil Rights Act of 1968, taken together, constitute the Fair Housing Act. The Fair Housing Act provides protection against the following discriminatory housing practices if they are based on race, sex, religion, color, handicap, familial status, or national origin: denying or refusing to rent housing, denying or refusing to sell housing, treating differently applicants for housing, treating residents differently in connection with terms and conditions, advertising a discriminatory housing preference or limitation, providing false information about the availability of housing, harassing, coercing or intimidating people from enjoying or exercising their rights under the Fair Housing Act, blockbusting for profit, persuading owner to sell or rent housing by telling them that people of a particular race, religion, etc. are moving into the neighborhood, imposing different terms for loans for purchasing, constructing, improving, repairing, or maintaining a home, or loans secured by housing; denying use or participation in real estate services, e.g., brokers' organizations, multiple listing services, etc. The Fair Housing Act gives HUD the authority to hold administrative hearings unless one of the parties elects to have the case heard in U.S. District Court and to issue subpoenas. Both civil and criminal penalties are provided. The Fair Housing Act also provides protection for people with disabilities and proscribes those conditions under which senior citizen housing is exempt from the prohibitions based on familial status. The following State of California Laws also govern housing discrimination and shall be complied with by Developer: Fair Employment and Housing Act, Unruh Civil Rights Act of 1959, Ralph Civil Rights Act of 1976, and Civil Code Section 54.1. 405. Nondiscrimination Covenants. The Developer covenants by and for itself and any successors in interest that there shall be no discrimination against or segregation of, any person or group of persons on the basis of race, color, creed, religion, sex, sexual orientation, marital status, national origin, ancestry, familial status, source of income or disability of any person in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the Property, nor shall Developer or any person claiming under or through it establish or permit any such practice or practices of discrimination or segregation of any person or group of persons on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the Property. The 27 612 of 647 Attachment No. 2 foregoing covenants shall run with the land. All such deeds, leases or contracts shall contain or be subject to substantially the following nondiscrimination or nonsegregation clauses: (a) Deeds. In deeds: "The grantee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land herein conveyed, nor shall the grantee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees in the land herein conveyed. The foregoing covenants shall run with the land." (b) Leases. In leases: "The lessee herein covenants by and for itself, its successors and assigns, and all persons claiming under or through them, and this lease is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons, on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the leasing, subleasing, renting, transferring, use, occupancy, tenure or enjoyment of the land herein leased, nor shall lessee itself, or any person claiming under or through it, establish or permit such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants or vendees in the land herein leased." (c) Contracts. In contracts for the rental, lease or sale of the Kimball Leasehold or the Morgan Leasehold: "There shall be no discrimination against or segregation of any person or group of persons on account of race, color, religion, sex, sexual orientation, disability, medical condition, familial status, source of income, marital status, national origin or ancestry in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of the land, nor shall the transferee itself or any person claiming under or through it, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of the land." 406. Effect of Violation of the Terms and Provisions of this Agreement. The CDC -HA is deemed the beneficiary of the terms and provisions of this Agreement and of the covenants running with the land, for and in its own right and for the purposes of protecting the interests of the community and other parties, public or private, in whose favor and for whose benefit this Agreement and the covenants running with the land have been provided, without regard to whether the CDC -HA has been, remains or is an owner of any land or interest therein in the Property. The CDC -HA shall have the right, if this Agreement or its covenants are breached, to exercise all rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breaches to which it or any other beneficiaries of this Agreement and covenants may be entitled. 28 613 of 647 Attachment No. 2 500. Defaults and Remedies. This Section 500, including without limitation the subsections set forth below, shall apply to the Kimball Developer only with respect to the Kimball Property, Kimball Leasehold and Kimball Tower and shall apply to the Morgan Developer only with respect to the Morgan Property, Morgan Leasehold and Morgan Tower, i.e., the Kimball Developer shall not have any obligations or liability with respect to the Morgan Property, Morgan Leasehold or Morgan Tower and the Morgan Developer shall not have any obligations or liability with respect to Kimball Property, Kimball Leasehold or Kimball Tower. 501. Default Generally. Subject to Section 603.2 of this Agreement, failure by the CDC - HA or the Developer to perform any action or covenant required by this Agreement within the time periods provided herein following notice and failure to cure as described hereafter, constitutes a "Default" under this Agreement. A party claiming a Default shall give written notice of Default to the other party specifying the alleged Default. Except as otherwise expressly provided in this Agreement, the claimant shall not institute any proceeding against any other party, and the other party shall not be in Default if: (i) such alleged Default is cured thirty (30) days from receipt of such written notice: or (ii) if the alleged Default is such that it is not capable of being cured within thirty (30) days, but corrective action is initiated within thirty (30) days and the allegedly defaulting party diligently and in good faith works to effect a cure as soon as possible. 501.1 Notwithstanding anything to the contrary contained in this Agreement, the CDC -HA, prior to any action to enforce this Agreement, shall give any Developer's limited partner and its successors and assigns (the "Tax Credit Partner") notice and opportunity to cure for a period of not less than (a) fifteen (15) days if a monetary default, and (b) thirty (30) days if a nonmonetary default; provided, however, if in order to cure such a default, Tax Credit Partner reasonably determines that it must remove the general partner of Developer, Tax Credit Partner shall so notify CDC -HA and so long as Tax Credit Partner is diligently and continuously attempting to so remove such general partner, Tax Credit Partner shall have until the date thirty (30) days after the effective date of the removal of the general partner or general partners to cure such default but in no event more than one (1) year. 502. Institution of Legal Actions. In addition to any other rights or remedies and subject to the restrictions otherwise set forth in this Agreement, either party may institute an action at law or equity to seek specific performance of the terms of this Agreement, or to cure, correct or remedy any Default, to recover damages for any Default, or to obtain any other remedy consistent with the purpose of this Agreement. Such legal actions must be instituted in the County of San Diego, State of California, downtown branch, or in the District of the United States District Court in the County of San Diego. 503. Entry and Vesting of Title in CDC -HA Prior to Completion of Rehabilitation. 503.1 Right of Reentry. In addition to all other rights and remedies the CDC -HA may have at law or in equity, the CDC -HA has the right, at its election, to enter and take possession of the Kimball Property or the Morgan Property, as applicable, and all improvements thereon, and terminate and revest the Kimball Leasehold or the Morgan Leasehold in the CDC -HA if after the applicable Closing, Developer: 29 614 of 647 Attachment No. 2 (a) fails to start the Scope of Rehabilitation work as required by this Agreement for a period of thirty (30) days after written notice thereof from CDC -HA; or (b) abandons or substantially suspends the Scope of Rehabilitation work required by this Agreement for a period of thirty (30) days after written notice thereof from CDC -HA, subject to any extensions which may be agreed upon pursuant to Section 602 herein; or (c) transfers or suffers any involuntary transfer of the Kimball Leasehold or the Morgan Leasehold or any part thereof in violation of contrary to the provisions of this Agreement. 503.2 Limitations on Right of Entry. Such right to enter and vest shall be subject to and be limited by and shall not defeat, render invalid or limit any mortgage or deed of trust permitted by this Agreement that is senior to the Developer Deed of Trust. 503.3 Termination of Right of Entry. The CDC-HA's right to enter and take possession of the Kimball Property or the Morgan Property, as applicable, and all improvements thereon, and terminate and revest the Kimball Leasehold or the Morgan Leasehold in the CDC - HA, shall terminate upon the timely completion of the Scope of Rehabilitation work for the Kimball Property or the Morgan Property, as applicable. 504. Rights and Remedies are Cumulative. Except as otherwise expressly stated in this Agreement, the rights and remedies of the parties are cumulative, and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 505. Inaction Not a Waiver of Default. Any failures or delays by either party in asserting any of its rights and remedies as to any Default shall not operate as a waiver of any Default or of any such rights or remedies, or deprive either such party of its right to institute and maintain any actions or proceedings which it may deem necessary to protect, assert or enforce any such rights or remedies shall govern the interpretation and enforcement of this Agreement. 600. General Provisions. 601. Notices, Demands and Communications Between the Parties. All notices under this Agreement shall be in writing and sent (a) by certified or registered U.S. mail, return receipt requested, (b) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, or (c) by personal delivery. All notices shall be effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto. 30 615 of 647 Attachment No. 2 To CDC -HA: To Developer: Community Development Commission - Housing Authority of the City of National City 1243 National City Boulevard National City, CA 91950 Attention: Executive Director MORGAN TOWER HOUSING ASSOCIATES, L.P. KIMBALL TOWER HOUSING ASSOCIATES, L.P. c/o Community HousingWorks 2815 Camino Del Rio South, Suite 350 San Diego, CA 92108 Attention: Susan M. Reynolds, President & CEO And c/o Mercy Housing California 1500 South Grand Avenue, Suite 100 Los Angeles, CA 90015 Attention: Ed Holder, Regional Vice President of Real Estate Development And with a copy to: Gubb & Barshay, LLP 505 14th Street, Suite 450 Oakland, CA 94612 Attention: Sarah C. Perez 602. Enforced Delay; Extension of Times of Performance. In addition to specific provisions of this Agreement, performance by either party hereunder shall not be deemed to be in Default, and all performance and other dates specified in this Agreement shall be extended, where delays or Defaults are due to: war; insurrection; strikes; lockouts; riots; floods; earthquakes; fires; casualties; acts of God; acts of the public enemy; epidemics; quarantine restrictions; freight embargoes; lack of transportation; governmental restrictions or priority; litigation; unusually severe weather; acts or omissions of the other party; or any other causes beyond the control and without the fault of the party claiming an extension of time to perform. Notwithstanding anything to the contrary in this Agreement, an extension of time for any such cause shall be for the period of the delay and shall commence to run from the time of the commencement of the cause, if notice by the party claiming such extension is sent to the other party within five (5) days of the commencement of the cause. Times of performance under this Agreement may also be extended in writing by the mutual agreement of Executive Director of the CDC -HA and Developer. 603. Transfers of Interest in Property or Agreement. 603.1 Prohibition. The qualifications and identity of Developer are of particular concern to the CDC -HA. It is because of those qualifications and identity that the CDC -HA has 31 616 of 647 Attachment No. 2 entered into this Agreement with Developer. During the term of this Agreement and during the ninety-nine (99) year terms of the Ground Leases, no voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this Agreement, nor shall Developer make any total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the improvements thereon without prior written approval of the CDC -HA, except as expressly set forth herein. Any proposed total or partial sale, transfer, conveyance, assignment, subdivision, refinancing or lease of the whole or any part of the Property or the improvements thereon, other than those permitted in Section 603.2, will entitle CDC -HA to its right of reentry and revesting as set forth in Section 505 hereof. For the reasons cited above, Developer represents and agrees for itself, each partner and any successor in interest to itself that without the prior written approval of the CDC -HA, there shall be no significant change in the ownership of Developer or in the relative proportions thereof, or with respect to the identity of the parties in control of Developer or the degree thereof, by any method or means; provided, however, that a change in one or more constituent partners of Developer is permitted so long as Developer remains controlled as to day to day matters by one of the general partners of Developer as of the date of this Agreement. Developer shall promptly notify the CDC -HA of any and all changes whatsoever in the identity of the parties in control of Developer or the degree thereof, of which it or any of its officers have been notified or otherwise have knowledge or information. Any change (voluntary or involuntary) in the partnership composition, management or control of Developer shall be a Default. 603.2 Permitted Transfers. Notwithstanding any other provision of this Agreement to the contrary, the CDC -HA approval of an assignment of this Agreement or conveyance of the Kimball Leasehold, Morgan Leasehold or the improvements thereon, or any part thereof, will be granted in connection with any of the following, subject to the CDC -HA and Developer executing appropriate documents of transfer which contain any exceptions or reservation of rights permitted under this Agreement (each a "Permitted Transfer"): (a) the leasing of one or more Affordable Units to an occupant in compliance with the Declaration; (b) transfer of up to a Ninety -Nine and Ninety -Nine Hundredths Percent (99.99%) limited interest in the Kimball Developer or the Morgan Developer to a tax credit investor partner in connection with a tax credit syndication; (c) transfer by the tax credit investor partner of the Kimball Developer or the Morgan Developer of its interest in the Kimball Developer or the Morgan Developer to an entity in which the tax credit investor partner or its affiliate manages and controls, directly or indirectly, the management decisions of such entity in connection with the tax credit syndication; (d) The conveyance or dedication of any portion of the Kimball Leasehold or the Morgan Leasehold to the City or other appropriate governmental agency, or the granting of easements or permits to facilitate completion of the Scope of Rehabilitation. 32 617 of 647 Attachment No. 2 (e) Any conveyance for financing purposes (subject to such financing being approved by the CDC -HA), including the grant of a deed of trust to secure the funds necessary for completion of the Scope of Rehabilitation. (f) any transfer directly resulting from the foreclosure of a deed of trust permitted under subsection (e), above; or (g) in the event all of general partners of the Developer are removed by the investor limited partner of the Developer for cause following default under the Developer's partnership agreement, the CDC -HA hereby approves the transfer of the general partners' interests to a 501(c)(3) tax exempt nonprofit corporation and/or an affiliate of the investor limited partner of the Developer selected by the investor limited partner of the Developer and approved by the CDC -HA, which approval shall not be unreasonably withheld, conditioned or delayed; or (i) Either (i) the exercise by a 501(c)(3) tax exempt nonprofit corporation affiliate of Kimball Developer of its option and right of first refusal to be granted by Kimball Developer upon the closing of a tax credit syndication, or (ii) the exercise by a 501(c)(3) tax exempt nonprofit corporation affiliate of Morgan Developer of its option and right of first refusal to be granted by Morgan Developer upon the closing of a tax credit syndication. 603.3 Successors and Assigns. All of the terms, covenants and conditions of this Agreement shall be binding upon Developer and its permitted successors and assigns. Whenever the term "Developer" is used in this Agreement, such term shall include any other permitted successors and assigns as herein provided. 603.4 Assignment by the CDC -HA. The CDC -HA may assign or transfer this Agreement in its entirety, or any of its rights or obligations hereunder. 604. Non -Liability of Officials and Employees 604.1 CDC -HA. No member, official or employee of the City or CDC -HA shall be personally liable to Developer, or any successor in interest, in the event of any Default or breach of this Agreement or for any amount which may become due to Developer or its successors, or on any obligations under the terms of this Agreement. Kimball Developer. No member, official or employee of the Kimball Developer shall be personally liable to the City or CDC -HA, or any successor in interest, in the event of any Default or breach of this Agreement or for any amount which may become due to the City or CDC - HA or its successors, or on any obligations under the terms of this Agreement. 604.3 Morgan Developer. No member, official or employee of the Morgan Developer shall be personally liable to the City or CDC -HA, or any successor in interest, in the event of any Default or breach of this Agreement or for any amount which may become due to the City or CDC -HA or its successors, or on any obligations under the terms of this Agreement. 33 618 of 647 Attachment No. 2 605. Relationship Between the CDC -HA and Developer. It is hereby acknowledged that the relationship between the CDC -HA and Developer is that of independent contractors and not that of a partnership or joint venture and that the CDC -HA and Developer shall not be deemed or construed for any purpose to be the agent of the other. Developer agrees to indemnify, hold harmless and defend the CDC -HA from any claim made against the CDC -HA arising from a claimed relationship of partnership or joint venture between the CDC -HA and Developer. 606. CDC -HA Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by the CDC -HA, the Executive Director of the CDC -HA or his or her designee is authorized to act on behalf of the CDC -HA unless specifically provided otherwise or the context should require otherwise. 607. Counterparts. This Agreement may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement. 608. Integration. This Agreement contains the entire understanding between the parties relating to the subject matter of this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral and written, are merged in this Agreement and shall be of no further force or effect. Each party is entering this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. 609. No Real Estate Brokerage Commissions. The CDC -HA and Developer each represent and warrant to the other that no broker or finder is entitled to any commission or finder's fee in connection with Developer's acquisition of the Kimball Leasehold or the Morgan Leasehold from the CDC -HA. The parties agree to defend and hold harmless the other party from any claim to any such commission or fee from any broker, agent or finder with respect to this Agreement which is payable by such party. 610. Attorneys' Fees. The parties agree that the prevailing party in litigation for the breach and/or interpretation and/or enforcement of the terms of this Agreement shall be entitled to their expert witness fees, if any, as part of their costs of suit, and reasonable attorneys' fees as may be awarded by the court, pursuant to California Code of Civil Procedure ("CCP") Section 1033.5 and any other applicable provisions of California law, including, without limitation, the provisions of CCP Section 998. 611. Titles and Captions. Titles and captions are for convenience of reference only and do not define, describe or limit the scope or the intent of this Agreement or of any of its terms. References to section numbers are to sections in this Agreement, unless expressly stated otherwise. 612. Interpretation. As used in this Agreement, masculine, feminine or neuter gender and the singular or plural number shall be deemed to include the others where and when the context 34 619 of 647 Attachment No. 2 so dictates. The word "including" shall be construed as if followed by the words "without limitation." This Agreement shall be interpreted as though prepared jointly by both parties. 613. No Waiver. A waiver by either party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement. 614. Modifications. Any amendment, alteration, change or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each party (any amendment, alteration, change or modification of this Agreement on behalf of the CDC -HA, including without limitation changes to the economic terms of this Agreement and its exhibits, shall be made on behalf of the CDC -HA by the Executive Director of the CDC -HA in such Executive Director's sole discretion). 615. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 616. Computation of Time. The time in which any act is to be done under this Agreement is computed by excluding the first day (such as the day escrow opens), and including the last day, unless the last day is a holiday or Saturday or Sunday, and then that day is also excluded. The term "holiday" shall mean all holidays as specified in Section 6700 and 6701 of the California Government Code. If any act is to be done by a particular time during a day, that time shall be Pacific Time Zone time. 617. Legal Advice. Each party represents and warrants to the other the following: they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other party, or their respective agents, employees, or attorneys, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise. 618. Time of Essence. Time is expressly made of the essence with respect to the performance by the CDC -HA and Developer of each and every obligation and condition of this Agreement. 619. Cooperation. Each party agrees to cooperate with the other in this transaction and, in that regard, to sign any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement including, but not limited to, releases or additional agreements. 35 620 of 647 Attachment No. 2 620. Conflicts of Interest. No member, official or employee of the City or the CDC -HA shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his personal interests or the interests of any corporation, partnership or association in which he is directly or indirectly interested. 621. Exhibits and Recitals Incorporated. All exhibits referred to in this Agreement are hereby incorporated in this Agreement by this reference, regardless of whether or not the exhibits are actually attached to this Agreement. The recitals to this Agreement are hereby incorporated in this Agreement by this reference. 622. Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this Agreement. 623. Authority to Sign. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to the CDC -HA that they have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. CDC -HA: Community Development Commission -Housing Authority of the City of National City By: Leslie Deese, Executive Director APPROVED AS TO FORM: By: Angil P Morris -Jones CDC -HA General Counsel [SIGNATURES CONTINUED ON FOLLOWING PAGE] 36 621 of 647 Attachment No. 2 MORGAN DEVELOPER: MORGAN TOWER HOUSING ASSOCIATES, L.P., a California limited partnership By: CHW Morgan Development LLC, Its: managing general partner By: Its: Community HousingWorks sole me and manager By: Print Name: Its: nne B. Wilson Senior Vice President By: Mercy Morgan Development LLC Its administrative general partner By: Mercy Housing Calwest Its: sole member and manager By: Print Name: Its: [SIGNATU Ed Holder Regional Vice President of Real Estate Development RES CONTINUED ON FOLLOWING PAGE] 622 of 647 Attachment No. 2 MORGAN DEVELOPER: MORGAN TOWER HOUSING ASSOCIATES, L.P., a California limited partnership By: CHW Morgan Development LLC, Its: managing general partner By: Community HousingWorks Its: sole member and manager By: Print Name: Anne B. Wilson Its: Senior Vice President By: Mercy Morgan Development LLC Its administrative general partner By: Mercy Housing Calwest Its: sole member and manager By: Print Name: Its: Regional Vice President of Real Estate Development • [SIGNATURES CONTINUED ON FOLLOWING PAGE] 623 of 647 Attachment No. 2 KIMBALL DEVELOPER: KIMBALL TOWER HOUSING ASSOCIATES, L.P., a California limited partnership By: CHW Kimball Development LLC, Its: managing general partner By: Community HousingWorks Its: sole member and manager By: Print Name: a Filson Its: Senior Vice President By: Mercy Kimball Development LLC Its administrative general partner By: Mercy Housing Calwest Its: sole member and manager By: Print Name: Ed Holder Its: Regional Vice President of Real Estate Development 624 of 647 Attachment No. 2 KIMBALL DEVELOPER: KIMBALL TOWER HOUSING ASSOCIATES, L.P., a California limited partnership By: CHW Kimball Development LLC, Its: managing general partner By: Community HousingWorks Its: sole member and manager By: Print Name: Anne B. Wilson Its: Senior Vice President By: Mercy Kimball Development LLC Its administrative general partner By: Mercy Housing Calwest Its: sole member and manager By: Print Name: Ed Holder Its: Regional Vice President of Real Estate Development 625 of 647 Attachment No. 2 EXHIBIT A Kimball Property Legal Description The land referred to herein is situated in the State of California, County of San Diego and described as follows: Lot 2 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978. APN: 560-410-05-00 39 626 of 647 Attachment No. 2 EXHIBIT B Morgan Property Legal Description The land referred to herein is situated in the State of California, County of San Diego and described as follows: Lot 1 of Center City Project, in the City of National City, County of San Diego, State of California, according to Map thereof No. 8807, filed in the Office of the County Recorder of San Diego County, February 24, 1978. APN: 560-410-04-00 40 627 of 647 Attachment No. 3 Kimball Tower Prepared For: Prepared By: Version: Revised: File: Community HousingWorks California Housing Partnership Corporation DDA Submittal V1.3 (5 / 9 / 18 update: 151 units + hard cost revision) June 6, 2018 Macintosh HD:Users:Janelle:Dropbox (CHPC):CHPC CLIENTS:Community HousingWorks (CHW):Kimball Tower:Projections:[Kimball Towers (DDA Submittal v1. SOURCES OF FUNDS PAGE 1 PERMANENT TERM / AMOUNT INT RATE AMORT COMMENTS Perm Loan 9,944,000 5.850% 35 AHP 1,490,000 0.00% Income from Operations 1,188,036 Tax -Exempt Seller Carry -Back Note to City 23,424,733 3.04% 55 Performance Deposit Refund 100,000 Capital Contributions General Partner 5,394,700 Limited Partners 21,178,714 TOTAL SOURCES 62,720,182 Surplus/(Shortfall) 0 CONSTRUCTION AMOUNT INT RATE TERM (Mo.) Tax -Exempt Construction Loan 28,860,417 4.800 % 18 Costs Deferred Until Stabilization* 6,727,033 Tax -Exempt Seller Carry -Back Note to City 24,914,733 Capital Contributions General Partner Limited Partners TOTAL SOURCES Surplus/(Shortfall) 0 2,118,000 62,720,182 (a) DISTRIBUTION OF SALES PROCEEDS Sales price Less: Seller Note 33,100,000 24,914,733 Cash Proceeds to Seller at Construction Closing Est. Cash due to City from Liquidated Reserves (as of 6/30/2017) Seller Note Payment at AHP Award Funding 8,185,267 1,375,744 1,490,000 Total Cash Proceeds to Seller 11,051,011 1 628 of 647 Attachment No. 3 Kimball Tower Uses of Funds PAGE 1-A ACQUISITION COSTS Acquisition: Building GENERAL DEVELOPMENT COSTS Residential Construction Site Work Contractor General Conditions Contractor O&P GC Bond & Insurance Prevailing WageMonitor Builder's Risk Construction Contingency TOTAL TOTAL RESIDENTIAL 100.00% 33,100,000 11,874,897 775,931 748,929 1,012,066 328,922 94,989 126,652 1,496,239 Arch/Engineering 740,000 Construction Interest Reserve 1,936,723 Legal 201,500 Reserves 504,385 Other Soft Cost 1,533,329 Developer Fee 7,894,700 Costs of Issuance 350,921 TOTAL DEVELOPMENT COSTS 33,100, 000 11,874,897 775,931 748,929 1,012,066 328,922 94,989 126,652 1,496,239 740,000 1,936,723 201,500 504,385 1,533,329 7,894,700 350,921 62,720,182 62,720,182 2 629 of 647 Attachment No. 3 Kimball Tower Unit Mix & Rental Income PAGE 2 Version: DDA Submittal V1.3 (5/9/18 update: 1E Revised: June 6, 2018 AVERAGE AFFORDABILITY FOR QUALIFIED UNITS (% AMI) UNIT MIX UTILITY ALLOWANCES 1 BR 151 $34 RESIDENTIAL INCOME TAX -CREDIT ELIGIBLE - TIER 1: 50% TCAC Percentage of Targeted Units: 100.0% % MEDIAN PER -UNIT PER -UNIT TOTAL TOTAL PER UNIT TOTAL INCOME MONTHLY MONTHLY MONTHLY ANNUAL UNIT TYPE NUMBER SQ FT SQ FT AFFORDABLE GROSS RENT NET RENT NET RENT NET RENT 1 BR 149 551 82,099 50.0% 853 819 122,031 1,464,372 TOTAL 149 82,099 122,031 1,464,372 MANAGER UNITS % MEDIAN PER -UNIT PER -UNIT TOTAL TOTAL PER UNIT TOTAL INCOME MONTHLY MONTHLY MONTHLY ANNUAL UNIT TYPE NUMBER SQ FT SQ FT AFFORDABLE GROSS RENT NET RENT NET RENT NET RENT 1 BR 2 551 1,102 0.0% 0 0 0 0 TOTAL 2 1,102 0 0 SECTION 8 (PBVs) PER -UNIT PER UNIT INCOME MONTHLY SECTION 8 UNIT TYPE NUMBER TIER NET RENT NET RENT PER -UNIT MONTHLY S8 PREMIUM TOTAL MONTHLY SECTION 8 PREMIUM TOTAL ANNUAL S8 PREMIUM 1 BR 149 50% 819 1,176 357 53,193 638,316 TOTAL 149 53,193 638,316 SECTION 8 PREMIUM (annual Section 8 income less total annual base rents) 638,316 TOTAL - BASE RENT 175,224 2,102,688 TOTAL RESIDENTIAL INCOME TOTAL SQ FT - TAX CREDIT ELIGIBLE 82,099 TOTAL SQ FT - NON -TAX CREDIT ELIGIBLE 0 TOTAL RENTABLE SQ FT 82,099 TOTAL UNITS 151 TOTAL MONTHLY (Net) 175,224 TOTAL ANNUAL 2,102,688 MISCELLANEOUS INCOME LaundryNending Financial & Other Revenue PER -UNIT MONTHLY 4.47 3.97 TOTAL MONTHLY 675 600 TOTAL ANNUAL 8,100 7,200 3 630 of 647 Attachment No. 3 Kimball Tower Base Year Income & Expense PAGE 4 Version: DDA Submittal V1.3 (5/9/18 update: 151 units + hard c Revised: June 6, 2018 INCOME Scheduled Gross Income - Residential 1,464,372 Section 8 Premium 638,316 Misc. Income 15,300 Vacancy Loss - Residential 5.0% (73,984) Vacancy Loss - Section 8 Premium 5.0% (31,916) EFFECTIVE GROSS INCOME 2,012,089 EXPENSES - RESIDENTIAL Administrative 64,500 Management Fee 83,352 Utilities 186,000 Payroll/Payroll Taxes 213,985 Insurance (Hazard) 101,440 Property Taxes 13,348 Maintenance 119,440 Replacement Reserve 45,300 Other 119,351 TOTAL EXPENSES - RESIDENTIAL 946,716 Per Unit Per Year (incl. Reserves) 6,270 Per Unit Per Year (w/o Reser., Taxes, Tenant Serv.) 5,292 NET AVAILABLE INCOME 1,065,373 4 631 of 647 Attachment No. 3 Kimball Tower 15-Year Cash Flow Version: xevlsea: PAGE 8 DDA Submittal V1.3 (5/9/1 June ti, 2016 ASSUMPTIONS: Rent Increase: 2.50% Perm Loan - % Debt Svc Yr 1 0.00% Expenses Increase: 3.50% Perm Loan - % Debt Svc Yr 2 75.00% Reserve Increase: 3.50% Perm Loan - % Debt Svc Yr 3 100.00% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2018 20�1 2OA 20Z 2022 202 2024 2025 2026 2027 2028 2029 2 203 2Q3Z an GROSS POTENTIAL INCOME - RESIDENTIAL 1,220,310 1,494,880 1,532,252 1,570,558 1,609,822 1,650,068 1,691,319 1,733,602 1,776,942 1,821,366 1,866,900 1,913,572 1,961,412 2,010,447 2,060,708 2,112,226 Section 8 Premium 531,930 651,614 667,905 684,602 701,717 719,260 737,242 755,673 774,565 793,929 813,777 834,121 854,974 876,349 898,257 920,714 Misc. Income 12,750 15,619 16,009 16,409 16,820 17,240 17,671 18,113 18,566 19,030 19,506 19,993 20,493 21,005 21,531 22,069 Vacancy Loss - Residential 5.0% 0 (75,525) (77,413) (79,348) (81,332) (83,365) (85,450) (87,586) (89,775) (92,020) (94,320) (96,678) (99,095) (101,573) (104,112) (106,715) Vacancy Loss- Section 8 Premium 5.0% 0 (32,581) (33,395) (34,230) (35,086) (35,963) (36,862) (37,784) (38,728) (39,696) (40,689) (41,706) (42,749) (43,817) (44,913) (46,036) Vacancy Loss - Rehab Period 7.0% (123,549) 0 GROSS EFFECTIVE INCOME 1,641,441 2,054,007 2,105,357 2,157,991 2,211,941 2,267,240 2,323,921 2,382,019 2,441,569 2,502,608 2,565,173 2,629,303 2,695,035 2,762,411 2,831,471 2,902,258 TOTAL OPERATING EXPENSES 740,057 913,741 945,722 978,822 1,013,081 1,048,539 1,085,238 1,123,221 1,162,534 1,203,222 1,245,335 1,288,922 1,334,034 1,380,725 1,429,051 1,479,068 RE Taxes 2% 13,348 13,570 13,842 14,119 14,401 14,689 14,983 15,283 15,588 15,900 16,218 16,542 16,873 17,211 17,555 17,906 NET OPERATING INCOME 888,036 1,126,696 1,145,793 1,165,050 1,184,459 1,204,012 1,223,700 1,243,515 1,263,447 1,283,486 1,303,620 1,323,838 1,344,128 1,364,475 1,384,866 1,405,285 REPLACEMENT RESERVE 0 33,975 45,300 46,886 48,526 50,225 51,983 53,802 55,685 57,634 59,651 61,739 63,900 66,137 68,451 70,847 NET INCOME AVAILABLE FOR DEBT SERVICE 888,036 1,092,721 1,100,493 1,118,165 1,135,932 1,153,787 1,171,717 1,189,713 1,207,762 1,225,852 1,243,969 1,262,099 1,280,228 1,298,339 1,316,414 1,334,438 CONSTRUCTION PERIOD INCOME PAID FROM OPERATIONS 888,036 300,000 0 1.188.036 Perm Loan Annual Issuer Fee 0.050% 0 3,729 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 4,972 Interest Payment 0 451,586 575,377 569,786 563,858 557,575 550,914 543,852 536,367 528,431 520,019 511,101 501,647 491,625 481,001 469,738 Principal Payment Q 49727 93 041 98.633 104.560 110.843 117.505 124.566 132 052 139 987 148 400 157 318 166 771 176 793 187.418 198 680 TOTAL DEBT SERVICE 0 505,043 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 673,390 Seller Note Hard Debt Payment 0 189,750 261,855 271,020 280,506 290,323 300,485 311,002 321,887 333,153 344,813 356,881 369,372 382,300 395,681 409,530 NET CASH FLOW (0) 97,928 165,248 173,754 182,036 190,073 197,842 205,321 212,485 219,309 225,765 231,827 237,465 242,648 247,343 251,517 Debt Service Coverage Ratio 0.00 1.14 1.18 1.18 1.19 1.20 1.20 1.21 1.21 1.22 1.22 1.23 1.23 1.23 1.23 1.23 DISTRIBUTION OF CASH FLOW LP lnvestor Services Fee - Current 10,000 0 10,250 10,558 10,874 11,200 11,536 11,883 12,239 12,606 12,984 13,374 13,775 14,188 14,614 15,052 15,504 Partnership Management Fee 25,000 0 25,625 26,394 27,186 28,001 28,841 29,706 30,598 31,516 32,461 33,435 34,438 35,471 36,535 37,631 38,760 Tax -Exempt Seller Carry -Back Note to C 50.00% 0 26,860 64,148 67,847 71,417 74,848 78,127 81,242 84,182 86,932 89,478 91,807 93,903 95,749 97,330 98,627 Mercy 30.00% 0 8,058 19,245 20,354 21,425 22,454 23,438 24,373 25,254 26,079 26,843 27,542 28,171 28,725 29,199 29,588 CHW 70.00% 0 18,802 44,904 47,493 49,992 52,393 54,689 56,869 58,927 60,852 62,635 64,265 65,732 67,025 68,131 69,039 General Partner 0.01% (0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Limited Partner 99.99% (0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 5 632 of 647 Attachment No. 3 Morgan Tower Prepared For: Prepared By: Version: Revised: File: Community HousingWorks California Housing Partnership Corporation DDA Submittal (5 / 1 / 18 revision) June 6, 2018 Macintosh HD:IIsers:Janelle:Dropbox (CHPC):CHPC CLIENTS:Community HousingWorks (CHW):Morgan Tower:Projections:tMorgan Towers (DDA Submittal vl SOURCES OF FUNDS PAGE 1 PERMANENT TERM / AMOUNT INT RATE AMORT COMMENTS Perm Loan 16,651,000 5.850% 35 AHP 1,500,000 0.00% Income from Operations 1,276,520 Seller Carry -Back Note to City 17,810,467 3.04% 55 Performance Deposit Refund 100,000 Capital Contributions General Partner 6,244,700 Limited Partners 22,096,819 TOTAL SOURCES 65,679,507 Surplus/(Shortfall) 0 CONSTRUCTION AMOUNT INT RATE TERM (Mo.) Construction Loan 36,462,257 4.800% 18 Costs Deferred Until Stabilization* 7,597,783 Seller Carry -Back Note to City 19,310,467 Capital Contributions General Partner Limited Partners TOTAL SOURCES Surplus/(Shortfall) 0 2,209,000 65,679,507 (0) DISTRIBUTION OF SALES PROCEEDS Sales price Less: Existing Debt Pay-off (Est as of 3/2019) Less: Seller Note Cash Proceeds to Seller at Construction Closing Est. Cash due to City from Liquidated Reserves (as of 6130/2017) 718,436 Seller Note Payment atAHPAward Funding 1,500,000 34,700,000 147,616 19,310,467 15,241,917 Total Cash Proceeds to Seller 17,460,353 6 633 of 647 Attachment No. 3 Morgan Tower Uses of Funds PAGE 1-A ACQUISITION COSTS Acquisition: Building GENERAL DEVELOPMENT COSTS Residential Construction Site Work Contractor General Conditions Contractor O&P GC Bond & Insurance Prevailing WageMonitor TOTAL TOTAL RESIDENTIAL 100.00% 34,700,000 34,700,000 12, 332,751 12,332, 751 593,048 593,048 775,548 775,548 1,034,064 1,034,064 336,071 336,071 96,577 96,577 Construction Contingency 1,516,806 1,516,806 Arch/Engineering 719,342 719,342 Construction Interest Reserve 2,458,729 2,458,729 Legal 228,500 228,500 Reserves 613,574 613,574 Other Soft Cost 1,727,335 1,727,335 Developer Fee 8,242,600 8,242,600 Costs of Issuance 304,562 304,562 TOTAL DEVELOPMENT COSTS 65,679,507 65,679,507 7 634 of 647 Attachment No. 3 Morgan Tower Unit Mix & Rental Income PAGE 2 Version: DDA Submittal (5/1/18 revision) Revised: June 6, 2018 AVERAGE AFFORDABILITY FOR QUALIFIED UNITS (% AMI) UNIT MIX UTILITY ALLOWANCES 1 BR 152 $41 RESIDENTIAL INCOME TAX -CREDIT ELIGIBLE - TIER 1: 50% TCAC Percentage of Targeted Units: 100.0% % MEDIAN PER -UNIT PER -UNIT TOTAL TOTAL PER UNIT TOTAL INCOME MONTHLY MONTHLY MONTHLY ANNUAL UNIT TYPE NUMBER SQ FT SQ FT AFFORDABLE GROSS RENT NET RENT NET RENT NET RENT 1 BR 151 576 86,976 50.0% 853 812 122,612 1,471,344 TOTAL 151 86,976 122,612 1,471,344 MANAGER UNITS % MEDIAN PER -UNIT PER -UNIT TOTAL TOTAL PER UNIT TOTAL INCOME MONTHLY MONTHLY MONTHLY ANNUAL UNIT TYPE NUMBER SQ FT SQ FT AFFORDABLE GROSS RENT NET RENT NET RENT NET RENT 1 BR 1 576 576 0.0% 0 0 0 0 TOTAL 1 576 0 0 SECTION 8 (PBVs) PER -UNIT PER UNIT INCOME MONTHLY SECTION 8 UNIT TYPE NUMBER TIER NET RENT NET RENT PER -UNIT MONTHLY S8 PREMIUM TOTAL MONTHLY SECTION 8 PREMIUM TOTAL ANNUAL S8 PREMIUM 1 BR 151 50% 812 1,430 618 93,318 1,119,816 TOTAL 151 93,318 1,119,816 SECTION 8 PREMIUM (annual Section 8 income less total annual base rents) 1,119,816 TOTAL - BASE RENT 215,930 2,591,160 TOTAL RESIDENTIAL INCOME TOTAL SQ FT - TAX CREDIT ELIGIBLE 86,976 TOTAL SQ FT - NON -TAX CREDIT ELIGIBLE 0 TOTAL RENTABLE SQ FT 86,976 TOTAL UNITS 152 TOTAL MONTHLY (Net) 215,930 TOTAL ANNUAL 2,591,160 MISCELLANEOUS INCOME LaundryNending Financial & Other Revenue PER -UNIT MONTHLY 4.47 3.97 TOTAL MONTHLY 680 604 TOTAL ANNUAL 8,154 7,248 8 635 of 647 Attachment No. 3 Morgan Tower Base Year Income & Expense Version: DDA Submittal (5/1/18 revision) Revised: June 6, 2018 PAGE 4 INCOME Scheduled Gross Income - Residential 1,471,344 Section 8 Premium 1,119,816 Misc. Income 15,402 Vacancy Loss - Residential 5.0% (74,337) Vacancy Loss - Section 8 Premium 5.0% (55,991) EFFECTIVE GROSS INCOME 2,476,234 EXPENSES - RESIDENTIAL Administrative 66,286 Management Fee 83,904 Total Utilities 189,500 Payroll/Payroll Taxes 213,947 Insurance (Hazard) 72,840 Property Taxes 13,348 Maintenance 119,245 Replacement Reserve 45,600 Other 119,552 TOTAL EXPENSES - RESIDENTIAL 924,222 Per Unit Per Year (incl. Reserves) 6,080 Per Unit Per Year (w/o Reser., Taxes, Tenant Serv.) 5,107 NET AVAILABLE INCOME 1,552,012 9 636 of 647 Attachment No. 3 Morgan Tower 15-Year Cash Flow Version: xevlsea: PAGE 8 DDASubmittal (5/1/18 rev June ti, 2016 ASSUMPTIONS: Rent Increase: 2.50% Perm Loan - % Debt Svc Yr 1 0.00% Expenses Increase: 3.50% Perm Loan - % Debt Svc Yr 2 75.00% Reserve Increase: 3.50% Perm Loan - % Debt Svc Yr 3 100.00% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2918 2919 2920 2021 2022 2923 2024 2025 2026 2027 2028 2029 222>9 203 2932 2033 A GROSS POTENTIAL INCOME - RESIDENTIAL 1,226,120 1,501,997 1,539,547 1,578,036 1,617,486 1,657,924 1,699,372 1,741,856 1,785,402 1,830,037 1,875,788 1,922,683 1,970,750 2,020,019 2,070,519 2,122,282 Section 8 Premium 661,380 1,143,146 1,171,724 1,201,017 1,231,043 1,261,819 1,293,364 1,325,698 1,358,841 1,392,812 1,427,632 1,463,323 1,499,906 1,537,404 1,575,839 1,615,235 Misc. Income 12,835 15,723 16,116 16,519 16,932 17,355 17,789 18,234 18,690 19,157 19,636 20,127 20,630 21,146 21,674 22,216 Vacancy Loss - Residential 5.0% 0 (75,886) (77,783) (79,728) (81,721) (83,764) (85,858) (88,004) (90,205) (92,460) (94,771) (97,140) (99,569) (102,058) (104,610) (107,225) Vacancy Loss - Section 8 Premium 5.0% 0 (57,157) (58,586) (60,051) (61,552) (63,091) (64,668) (66,285) (67,942) (69,641) (71,382) (73,166) (74,995) (76,870) (78,792) (80,762) Vacancy Loss - Rehab Period 7.0% (133,023) 0 GROSS EFFECTIVE INCOME 1,767,312 2,527,822 2,591,018 2,655,793 2,722,188 2,790,243 2,859,999 2,931,499 3,004,786 3,079,906 3,156,903 3,235,826 3,316,722 3,399,640 3,484,631 3,571,746 TOTAL OPERATING EXPENSES 721,062 890,282 921,442 953,693 987,072 1,021,619 1,057,376 1,094,384 1,132,688 1,172,332 1,213,363 1,255,831 1,299,785 1,345,278 1,392,362 1,441,095 RE Taxes 2% 13,348 13,570 13,842 14,119 14,401 14,689 14,983 15,283 15,588 15,900 16,218 16,542 16,873 17,211 17,555 17,906 NET OPERATING INCOME 1,032,902 1,623,969 1,655,734 1,687,982 1,720,715 1,753,934 1,787,640 1,821,832 1,856,510 1,1191,674 1,927,322 1,963,453 2,000,063 2,037,152 2,074,714 2,112,746 REPLACEMENT RESERVE 0 34,200 45,600 47,196 48,848 50,558 52,327 54,158 56,054 58,016 60,046 62,148 64,323 66,575 68,905 71,316 NET INCOME AVAILABLE FOR DEBT SERVICE 1,032,902 1,589,769 1,610,134 1,640,786 1,671,867 1,703,377 1,735,313 1,767,673 1,800,456 1,833,658 1,867,276 1,901,305 1,935,740 1,970,577 2,005,809 2,041,429 CONSTRUCTION PERIOD INTEREST PAID FROM OPERATIONS 1,032,902 243,618 0 1,276,520 Annual Issuer Fee 0.050% 0 6,244 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 8,326 Interest Payment 0 756,171 963,455 954,093 944,168 933,646 922,493 910,668 898,134 884,846 870,760 855,827 839,996 823,215 805,425 786,565 Principal Payment Q 83267 155.796 165.158 175.083 185.605 196.759 208.583 221.117 234.405 248.492, 263.425 279.255 296.037 313.827 332.686 TOTAL DEBT SERVICE 0 845,683 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1.127,577 Seller Note (Hard Debt Payment) Mandatory Payment 0 166,500 229,770 237,812 246,135 254,750 263,666 272,895 282,446 292,332 302,563 313,153 324,113 335,457 347,198 359,350 NET CASH FLOW (0) 333,969 252,787 275,397 298,155 321,050 344,070 367,202 390,434 413,750 437,136 460,575 484,050 507,543 531,034 554,502 Debt Service Coverage Ratio 0.00 1.33 1.19 1.20 1.22 1.23 1.25 1.26 1.28 1.29 1.31 1.32 1.33 1.35 1.36 1.37 DISTRIBUTION OF CASH FLOW LP Investor Services Fee - Current 10,000 0 10,250 10,558 10,874 11,200 11,536 11,883 12,239 12,606 12,984 13,374 13,775 14,188 14,614 15,052 15,504 Partnership Management Fee 25,000 0 25,625 26,394 27,186 28,001 28,841 29,706 30,598 31,516 32,461 33,435 34,438 35,471 36,535 37,631 38,760 Seller Carry -Back Note to City 50.00% 0 144,880 107,918 118,669 129,477 140,336 151,240 162,183 173,156 184,152 195,164 206,181 217,195 228,197 239,175 250,119 Mercy 30.00% 0 43,464 32,375 35,601 38,843 42,101 45,372 48,655 51,947 55,246 58,549 61,854 65,159 68,459 71,753 75,036 CHW 70.00% 0 101,416 75,543 83,068 90,634 98,235 105,868 113,528 121,209 128,907 136,614 144,327 152,037 159,738 167,423 175,083 General Partner 0.01% (0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Limited Partner 99.99% (0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 10 637 of 647 Attachment No. 3 Morgan Tower Prepared For: Prepared By: Version: Revised: File: Community HousingWorks California Housing Partnership Corporation DDA Submittal 9% (5/4/18 revision) June 6,2018 Macintosh HD:Users:Janelle:Dropbox (CHPC):CHPC CLIENTS:Community HousingWorks (CHW ):Morgan Tower:Prnjections:[Morgan Towers (DDA Submittal 9° SOURCES OF FUNDS PAGE 1 PERMANENT TERM / AMOUNT INT RATE AMORT COMMENTS Perm Loan 15,037,000 6.800% 35 AHP 1,500,000 0.00% Income from Operations 1,276,520 Seller Carry -Back Note to City 18,487,238 3.04% 55 Capital Contributions General Partner 200,000 Limited Partners 23,086,083 TOTAL SOURCES 59,586,841 Surpfus/(Shortfall) 0 CONSTRUCTION AMOUNT INT RATE TERM (Mo.) Construction Loan 37,237,995 5.080% 18 Costs Deferred Until Stabilization* 1,553,608 Seller Carry -Back Note to City 18,487,238 Capital Contributions General Partner Limited Partners TOTAL SOURCES Surpfus/(Shortfall) 0 2,308,000 59,586,841 (0) DISTRIBUTION OF SALES PROCEEDS Sales price Less: Existing Debt Pay-off (Est as of 3/2019) Less: Seller Note Cash Proceeds to Seller at Construction Closing Est. Cash due to City from Liquidated Reserves (as of 6/30/2017) Seller Note Payment at AHP Award Funding 34,700,000 147,616 19,987,238 14,565,146 718,436 1,500,000 Total Cash Proceeds to Seller 16,783,582 11 638 of 647 Attachment No. 3 Morgan Tower Uses of Funds PAGE 1-A ACQUISITION COSTS Acquisition: Building GENERAL DEVELOPMENT COSTS Residential Construction Site Work Contractor General Conditions Contractor O&P GC Bond & Insurance Prevailing WageMonitor TOTAL RESIDENTIAL 100.00% 34,700,000 12,332,751 593,048 775,548 1,034,064 336,071 96,755 Construction Contingency 1,516,824 Arch/Engineering 719,342 Construction Interest Reserve 2,646,729 Legal 255,600 Reserves 613,574 Other Soft Cost 1,671,535 Developer Fee 2,200,000 Costs of Issuance 95,000 TOTAL DEVELOPMENT COSTS 34,700,000 12,332, 751 593,048 775,548 1,034,064 336,071 96,755 1,516,824 719,342 2,646,729 255,600 613,574 1,671,535 2,200,000 95,000 59,586,841 59,586,841 12 639 of 647 Attachment No. 3 Morgan Tower Unit Mix & Rental Income PAGE 2 Version: DDA Submittal 9% (5/4/18 revision) Revised: June 6, 2018 AVERAGE AFFORDABILITY FOR QUALIFIED UNITS (% AMI) UNIT MIX UTILITY ALLOWANCES 1 BR 152 $41 RESIDENTIAL INCOME TAX -CREDIT ELIGIBLE - TIER 1: 50% TCAC Percentage of Targeted Units: 100.0% % MEDIAN PER -UNIT PER -UNIT TOTAL TOTAL PER UNIT TOTAL INCOME MONTHLY MONTHLY MONTHLY ANNUAL UNIT TYPE NUMBER SQ FT SQ FT AFFORDABLE GROSS RENT NET RENT NET RENT NET RENT 1 BR 151 576 86,976 50.0% 853 812 122,612 1,471,344 TOTAL 151 86,976 122,612 1,471,344 MANAGER UNITS % MEDIAN PER -UNIT PER -UNIT TOTAL TOTAL PER UNIT TOTAL INCOME MONTHLY MONTHLY MONTHLY ANNUAL UNIT TYPE NUMBER SQ FT SQ FT AFFORDABLE GROSS RENT NET RENT NET RENT NET RENT 1 BR 1 576 576 0.0% 0 0 0 0 TOTAL 1 576 0 0 SECTION 8 (PBVs) PER -UNIT PER UNIT INCOME MONTHLY SECTION 8 UNIT TYPE NUMBER TIER NET RENT NET RENT PER -UNIT MONTHLY S8 PREMIUM TOTAL MONTHLY SECTION 8 PREMIUM TOTAL ANNUAL S8 PREMIUM 1 BR 151 50% 812 1,430 618 93,318 1,119,816 TOTAL 151 93,318 1,119,816 SECTION 8 PREMIUM (annual Section 8 income less total annual base rents) 1,119,816 TOTAL - BASE RENT 215,930 2,591,160 TOTAL RESIDENTIAL INCOME TOTAL SQ FT - TAX CREDIT ELIGIBLE 86,976 TOTAL SQ FT - NON -TAX CREDIT ELIGIBLE 0 TOTAL RENTABLE SQ FT 86,976 TOTAL UNITS 152 TOTAL MONTHLY (Net) 215,930 TOTAL ANNUAL 2,591,160 MISCELLANEOUS INCOME LaundryNending Financial & Other Revenue PER -UNIT MONTHLY 4.47 3.97 TOTAL MONTHLY 680 604 TOTAL ANNUAL 8,154 7,248 13 640 of 647 Attachment No. 3 Morgan Tower Base Year Income & Expense Version: DDA Submittal 9% (5/4/18 revision) Revised: June 6, 2018 PAGE 4 INCOME Scheduled Gross Income - Residential 1,471,344 Section 8 Premium 1,119,816 Misc. Income 15,402 Vacancy Loss - Residential 5.0% (74,337) Vacancy Loss - Section 8 Premium 5.0% (55,991) EFFECTIVE GROSS INCOME 2,476,234 EXPENSES - RESIDENTIAL Administrative Administrative 66,286 Management Fee 83,904 Utilities 189,500 Water/Sewer 95,500 Payroll/Payroll Taxes 213,947 Insurance (Hazard) 72,840 Property Taxes 13,348 Maintenance 119,245 Replacement Reserve 45,600 Other 119,552 TOTAL EXPENSES - RESIDENTIAL 924,222 Per Unit Per Year (incl. Reserves) 6,080 Per Unit Per Year (w/o Reser., Taxes, Tenant Serv.) 5,107 NET AVAILABLE INCOME 1,552,012 14 641 of 647 Attachment No. 3 Morgan Tower 15-Year Cash Flow Version: ReVisea: PAGE 8 DDA Submittal 9% (5/4/1E June ti, 201tl ASSUMPTIONS: Rent Increase: 2.50% Perm Loan - % Debt Svc Yr 1 0.00% Expenses Increase: 3.50% Perm Loan - % Debt Svc Yr 2 75.00% Reserve Increase: 3.50% Perm Loan - % Debt Svc Yr 3 100.00% 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 2018 MU 2920 2021 2022 2029 2024 2025 2026 2027 2028 20 2 203 2032 2033 A GROSS POTENTIAL INCOME - RESIDENTIAL 1,226,120 1,501,997 1,539,547 1,578,036 1,617,486 1,657,924 1,699,372 1,741,856 1,785,402 1,830,037 1,875,788 1,922,683 1,970,750 2,020,019 2,070,519 2,122,282 Section 8 Premium 661,380 1,143,146 1,171,724 1,201,017 1,231,043 1,261,819 1,293,364 1,325,698 1,358,841 1,392,812 1,427,632 1,463,323 1,499,906 1,537,404 1,575,839 1,615,235 Misc. Income 12,835 15,723 16,116 16,519 16,932 17,355 17,789 18,234 18,690 19,157 19,636 20,127 20,630 21,146 21,674 22,216 Vacancy Loss- Residential 5.0% 0 (75,886) (77,783) (79,728) (81,721) (83,764) (85,858) (88,004) (90,205) (92,460) (94,771) (97,140) (99,569) (102,058) (104,610) (107,225) Vacancy Loss- Section 8 Premium 5.0% 0 (57,157) (58,586) (60,051) (61,552) (63,091) (64,668) (66,285) (67,942) (69,641) (71,382) (73,166) (74,995) (76,870) (78,792) (80,762) Vacancy Loss - Rehab Period 7.0% (133,023) 0 GROSS EFFECTIVE INCOME 1,767,312 2,527,822 2,591,018 2,655,793 2,722,188 2,790,243 2,859,999 2,931,499 3,004,786 3,079,906 3,156,903 3,235,826 3,316,722 3,399,640 3,484,631 3,571,746 TOTAL OPERATING EXPENSES 721,062 890,282 921,442 953,693 987,072 1,021,619 1,057,376 1,094,384 1,132,688 1,172,332 1,213,363 1,255,831 1,299,785 1,345,278 1,392,362 1,441,095 RE Taxes 2% 13,348 13,570 13,842 14,119 14,401 14,689 14,983 15,283 15,588 15,900 16,218 16,542 16,873 17,211 17,555 17,906 NET OPERATING INCOME 1,032,902 1,623,969 1,655,734 1,687,982 1,720,715 1,753,934 1,787,640 1,821,832 1,856,510 1,891,674 1,927,322 1,963,453 2,000,063 2,037,152 2,074,714 2,112,746 REPLACEMENT RESERVE 0 34,200 45,600 47,196 48,848 50,558 52,327 54,158 56,054 58,016 60,046 62,148 64,323 66,575 68,905 71,316 NET INCOME AVAILABLE FOR DEBT SERVICE 1,032,902 1,589,769 1,610,134 1,640,786 1,671,867 1,703,377 1,735,313 1,767,673 1,800,456 1,833,658 1,867,276 1,901,305 1,935,740 1,970,577 2,005,809 2,041,429 CONSTRUCTION PERIOD INTEREST PAID FROM OPERATIONS 1,032,902 243,618 0 1,276,520 Perm Loan Interest Payment 0 785,229 1,013,524 1,005,522 996,958 987,794 977,987 967,492 956,260 944,240 931,377 917,612 902,881 887,116 870,246 852,191 Principal Payment Q 60.454 114.054 122.056 130.619 139.783 149.591 160.086 171.317 183.337 196.200 209.965 224.696 240.461 257.332 275.386 TOTAL DEBT SERVICE 0 845,683 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 1,127,577 Seller Note (Hard Debt Payment) Mandatory Payment 0 166,500 229,770 237,812 246,135 254,750 263,666 272,895 282,446 292,332 302,563 313,153 324,113 335,457 347,198 359,350 NET CASH FLOW (0) 333,968 252,786 275,397 298,154 321,049 344,069 367,201 390,433 413,749 437,135 460,574 484,049 507,542 531,033 554,502 Debt Service Coverage Ratio 1.33 1.19 1.20 1.22 1.23 1.25 1.26 1.28 1.29 1.31 1.32 1.33 1.35 1.36 1.37 DISTRIBUTION OF CASH FLOW LP investor Services Fee - Current 10,000 0 10,250 10,558 10,874 11,200 11,536 11,883 12,239 12,606 12,984 13,374 13,775 14,188 14,614 15,052 15,504 Partnership Management Fee 25,000 0 25,625 26,394 27,186 28,001 28,841 29,706 30,598 31,516 32,461 33,435 34,438 35,471 36,535 37,631 38,760 Seller Carry -Back Note to City 50.00% 0 144,880 107,918 118,668 129,476 140,336 151,240 162,182 173,156 184,152 195,163 206,181 217,195 228,197 239,175 250,119 Mercy 30.00% 0 43,464 32,375 35,601 38,843 42,101 45,372 48,655 51,947 55,246 58,549 61,854 65,159 68,459 71,752 75,036 CHW 70.00% 0 101,416 75,542 83,068 90,634 98,235 105,868 113,528 121,209 128,906 136,614 144,326 152,037 159,738 167,422 175,083 General Partner 0.01% (0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Limited Partner 99.99% (0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 15 642 of 647 Attachment No. 4 6/19/2018 Kimball and Morgan Towers Community Development Commission - Housing Authority (CDC -HA) Keyser Marston Associates, Inc. June 19, 2018 94:1SER MARSTON ASSOCIATES Timeline May — December 2017 KMA: • Prepared developer solicitation • Reviewed RFP responses • Evaluated developer financial pro formas • Presented KMA conclusions January —April 2o18 CHW-Mercy: • Performed extensive due diligence • Met with tenants • Received "Comfort Letter" from HUD for new contract rents for Morgan Tower • Updated financial pro formas April — May 2018 KMA: • Analyzed CHW-Mercy updated financial pro formas and cash flow projections • Obtained clarification and substantiation from CHW-Mercy • Prepared independent financial models 1 643 of 647 1 Attachment No. 4 6/19/2018 CHW-Mercy Updated Financial Proposal 1 (2) Acquisition Price (before Seller Note) (2) Seller Note (3) Nutrition Center (4) Annual Cash Flow to CDC -HA Community HousingWorks August 2017 RFP Kimball ® 4%Tax Credits Morgan ® g%o Tax Credits $67.8 M $224,000/unit $14.1 M $47,000 /unit $475,000 /year as project operating expense 5o% of residual receipts • first applied to Seller Note • then pay as ground rent Figures shown are for Kimball and Morgan Towers combined. ' Subject to re -appraisal. May 2018 Kimball ® 4%Tax Credits Morgan ® 4%Tax Credits $67.8 M 2 $224,000/unit $41.2 M $136,000 /unit $475,000 /year hard debt service payment 5o% of residual receipts • first applied to Seller Note • then pay as ground rent 2 Stipulated Pro Forma Inputs from 2°17 RFP Process Acquisition Costs Building Rehabilitation Costs Monthly Rent $200,000 per unit $55,000' per unit FMR of $i,3oi per month i Assumed to include contractor overhead fee, general conditions, and contractor contingency. On -Sites/ Off -Sites, Remediation, and Parking estimated at so. Includes the payment of prevailing wages. 3 644 of 647 2 Attachment No. 4 6/19/2018 Key Changes to Financial Pro Formas CHW-Mercy August 2017 RFP May 2018 (1) Rehabilitation Costs' $55,000 /unit 2 sioo,000 /unit (2) Fair Market Rents Kimball: $1,3012 Morgan: $1,342 2 Kimball: $1,176 Morgan: $1,430 (3) Operating Expenses $4,600/unit $5,000 /unit (4) Permanent Loan Interest Rates Kimball: 4.5% Morgan: 5.6% Kimball: 5.9% Morgan: 5.9% (5) Tax Credit Pricing Kimball: $1.03 Morgan: $1.02 Reflects total per unit direct costs for Kimball and Morgan Towers combined. Stipulated proforma inputs from RFP process. Kimball: $0.96 Morgan: $0.96 4 Construction Cost Increase — Key Items' • Iron Balcony Railings • New Windows / Sliding Doors • Materials Lift • 1st Floor Upgrades • Plumbing Lines • ADA Units • Demolition Total $2.1 M $3.7 M $772 K $76o K $3.1 M $1.2 M $861 K $12.6 M ' Figures shown are for Kimball and Morgan Towers combined. 5 645 of 647 3 Attachment No. 4 6/19/2018 CHW-Mercy Pro Formas 1 Purchase Price (Less) Seller Note (Less) Loan Balance Upfront Cash Reserves Annual Payments CHW-Mercy - May 2018 Kimball ® 4%TaxCredits Morgan ® 4%TaxCredits $67.8 M ($41.2 M) ($o.1 M) $26.4 M $2.1 M $3.1 M Total Value to CDC -HA $31.6 M Nutrition Center Fees to City 3 $9.1 M 3 Figures shown are for Kimball and Morgan Towers combined. 2 Present value of annual Seller Note repayments and ground lease payments to the CDC -HA from residual receipts. 3 Present value of Seller Note hard debt service payments to be used toward Nutrition Center Fees. 6 KMA Adjusted Pro Formas 1 Sources of Funds Development Costs KMA Test #i Adjusted CHW-Mercy December May 2018 2017 • rehabilitation Kimball 4% • acquisition Morgan g% • FMR $85.5 M $96.7 M ($96.7 M) ($124.7 M) Test #2 Test #1 CHW-Mercy May 2018 • interest rate • tax credit pricing $87.8 M ($124.7 M) Test #3 Test #1+Test #2 CHW- May 2018 • Seller Note hard debt service payment CHW-Mercy May 2018 Kimball 4% Morgan g% $82.2 M $80.4 M ($124-7 M) ($122.3 M) Seller Note ($1.1..2 M) ($28.1 M) ($36.9 M) (1) Figures shown are for Kimball and Morgan Towers combined. ($43.6 M) ($41.9 M) 7 646 of 647 4 Attachment No. 4 6/19/2018 KMA Adjusted Pro Formas Purchase Price (Less) Seller Note (Less) Loan Balance Upfront Cash Reserves Annual Payments KMA Adjusted December zo17 Kimball 4% Morgan 9% Test #1 CHW-Mercy May 2018 • rehabilitation • acquisition • FMR s6o.6 M $67.8 M (s11.2 M) (so.o M) (so.o M) $49.4 M $33.4 M 52.1 M 52.1 M s2.8 M $3.4 M Test #2 Test #1 CHW-Mercy May 2018 • interest rate • tax credit pricing Test #3 Test #1 +Test #2 CHW- May 2018 • Seller Note hard debt service payment $67.8 M s67.8 M ($34.4 M) ($42.4 M) (543.6 M) (so.o M) 525.4 M 32.1 M $3.6 M (so.o M) CHW- Mercy May 2018 Kimball 4% Morgan g% $67.8 M ($41.9 M) $24.2 M 52.1 M $3.7 M ($0.2 M) 525.7 M $2.1 M $3.2 M Total Value to CDC -HA $54.3 M $38.9 M Nutrition Center Fees to City 3 $10.3 M 431.1 M 530.1 M $10.3 M $10.3 M $9.1 M $31.0 M $9.1 M i Figures shown are for Kimball and Morgan Towers combined. 2 Present value of annual Seller Note repaym nts and ground lease payments to the CDC -HA from residual receipts. 3 Present value of operating expense fee i Sell r Note hard debt service payments to be used toward Nutrition Center Fees . 8 Kimball and Morgan Towers Community Development Commission -Housing Authority City of National City Keyser Marston Associates, Inc. June 1g, 2018 RET)ER MARSTON ASSOCIATE) 647 of 647 5