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HomeMy WebLinkAboutDraft Agenda Packet - 06-02-2020 CC HA Agenda- CALIFORNIA NikTIONAL CI XAOORPORATfi ALEJANDRA SOTELO-SOLIS Mayor MONA RIOS Vice Mayor JERRY CANO Councilmember RON MORRISON Councilmember GONZALO QUINTERO Councilmember 1243 National City Blvd. National City, CA 91950 619-336-4240 Meeting agendas and minutes available on the City's website at WWW.NATIONALCITYCA. GOV AGENDA OF A REGULAR MEETING - NATIONAL CITY CITY COUNCIL/ COMMUNITY DEVELOPMENT COMMISSION — HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ONLINE ONLY MEETING https://www.nationalcityca.gov/webcast LIVE WEBCAST COUNCIL CHAMBERS CIVIC CENTER 1243 NATIONAL CITY BOULEVARD NATIONAL CITY, CALIFORNIA TUESDAY, JUNE 2, 2020 — 6:00 PM NOTICE: The health and well-being of National City residents, visitors, and employees during the COVID-19 outbreak remains our top priority. The City of National City is coordinating with the County of San Diego Health Human Services Agency, and other agencies to take measures to monitor and reduce the spread of the novel coronavirus (COVID-19). The World Health Organization has declared the outbreak a global pandemic and local and state emergencies have been declared providing reprieve from certain public meeting laws such as the Brown Act. As a result, the City Council Meeting will occur only online to ensure the safety of City residents, employees and the communities we serve. A live webcast of the meeting may be viewed on the city's website at www.nationalcityca.gov. For Public Comments see "PUBLIC COMMENTS" section below ORDER OF BUSINESS: Public sessions of all Regular Meetings of the City Council / Community Development Commission - Housing Authority (hereafter referred to as Elected Body) begin at 6:00 p.m. on the first and third Tuesday of each month. Public Hearings begin at 6:00 p.m. unless otherwise noted. Closed Meetings begin in Open Session at 5:00 p.m. or such other time as noted, and after announcing closed session items, convenes into a Closed Meeting. If a workshop is scheduled, the subject and time of the workshop will appear on the agenda. The Mayor and Council members also sit as the Chairperson and Members of the Board of the Community Development Commission (CDC). REPORTS: All open session agenda items and reports as well as all documents and writings distributed to the Elected Body less than 72 hours prior to the meeting, are available for review on the City's website at www.nationalcityca.gov. Regular Meetings of the Elected Body are webcast and archived on the City's website at www.nationalcityca.gov. PUBLIC COMMENTS: The City Council will receive public comments via e-mail at clerkAnationalcityca.gov regarding any matters within the jurisdiction of the City Council. Written comments or testimony from the public (limited to three minutes) must be submitted via e-mail by 4:00 p.m. on the day of the City Council Meeting. All comments received from the public will be made a part of the record of the meeting. 1 of 165 The time limit established for public testimony is three minutes per speaker. 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 unrelated. WRITTEN AGENDA: With limited exceptions, the Elected Body may take action only upon items appearing on the written agenda. Items not appearing on the agenda must be brought back on a subsequent agenda unless they are of a demonstrated emergency or urgent nature, and the need to take action on such items arose after the agenda was posted. CONSENT CALENDAR: Consent calendar items involve matters which are of a routine or noncontroversial nature. All consent items are adopted by approval of a single motion by the City Council. Prior to such approval, any item may be removed from the consent portion of the agenda and separately considered, upon request of a Councilmember, a staff member, or a member of the public. Upon request, this agenda can be made available in appropriate alternative formats to persons with a disability in compliance with the Americans with Disabilities Act. Please contact the City Clerk's Office at (619) 336-4228 to request a disability -related modification or accommodation. Notification 24- hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. AVISO: La salud y el bienestar de los residentes, visitantes y empleados de National City durante el brote de COVID-19 sigue siendo nuestra maxima prioridad. El Ayuntamiento de la Ciudad de National City se esta coordinando con la Agencia de Salud y Servicios Humanos del Condado de San Diego y otras agencias para tomar medidas con el fin de monitorear y reducir la propagacion del nuevo coronavirus (COVID-19). La Organizacion Mundial de la Salud declaro el brote como una pandemia global y se han manifestado emergencias locales y estatales que resultan en la suspension de ciertas leyes de reuniones publicas, tal como la Ley Brown. Como resultado de ello, la junta del Concejo Municipal del Ayuntamiento se Ilevara a cabo solamente en linea para garantizar la seguridad de los residentes, empleados y comunidades locales que atendemos. Se podra ver una transmision en vivo de la junta en el sitio web del Ayuntamiento en www.nationalcityca.gov. Para comentarios pCiblicos, vea la seccion "COMENTARIOS PUBLICOS" mas adelante. ORDEN DEL DIA: Las sesiones publicas de todas las juntas ordinarias del Concejo Municipal/Comision de Desarrollo Comunitario - Autoridad de Vivienda (en lo sucesivo denominado Organo Electo) inician a las 6:00 p.m. el primer y tercer martes de cada mes. Las audiencias publicas inician a las 6:00 p.m., a menos que se indique lo contrario. Las juntas cerradas inician en sesion abierta a las 5:00 p.m. o en cualquier otro momento que se indique, y tras anunciar los temas de la sesion cerrada, la junta se realiza como sesion cerrada. Si se programa una reunion de discusion y analisis, el tema y la hora de la misma apareceran en la agenda. La Alcaldesa y los Concejales se reunen por igual que el Presidente y los integrantes del Consejo de la Comision de Desarrollo Comunitario. INFORMES: Todos los temas e informes de la agenda de la sesion abierta, asi como todos los documentos y escritos entregados al Organo Electo menos de 72 horas antes de la sesion, apareceran en el sitio web del Ayuntamiento. Las juntas ordinarias del Organo Electo se transmiten por Internet y se archivan en el sitio web del Ayuntamiento en www.nationalcityca.qov. COMENTARIOS PUBLICOS: El Concejo Municipal recibira comentarios publicos por correo electronico en clerk(a�nationalcityca.gov sobre cualquier asunto dentro de la jurisdiccion del Concejo 2 of 165 Municipal. Los comentarios escritos o el testimonio del publico (limitado a tres minutos) deben enviarse por correo electronico antes de las 4:00 p.m. en el dia de Ia sesion del Concelo Municipal. Todos los comentarios recibidos del publico formaran parte del acta de Ia sesion. AGENDA ESCRITA: Con contadas excepciones, el Organo Electo puede tomar medidas unicamente sobre los temas que aparecen en Ia agenda escrita. Los temas que no aparezcan en la agenda deben aparecer en una agenda subsecuente, a menos que sean de emergencia o urgencia demostrada, y Ia necesidad de tomar medidas sobre esos temas haya surgido despues de haber sido publicada la agenda. CALENDARIO DE CONSENTIMIENTO: Los temas del calendario de consentimiento implican cuestiones de naturaleza rutinaria o no controvertida. Todos los temas de consentimiento se adoptan mediante Ia aprobacion de una sola mocion del Concejo Municipal. Antes de la aprobacion, cualquier tema puede eliminarse de la parte de consentimiento de la agenda y considerarse aparte, a peticion de un concejal, individuo del personal del Ayuntamiento o persona del publico. Previa solicitud, esta agenda puede estar disponible en formatos alternativos apropiados para personas con discapacidades, en observancia de la Ley de Estadounidenses con Discapacidades. Llame al telefono (619) 336-4228 de Ia Oficina del Secretario del Ayuntamiento para solicitar una modificacion o adaptacion de acceso relativa a la discapacidad. Notificar 24 horas antes de Ia sesion permitira al Ayuntamiento hacer arreglos razonables para garantizar Ia accesibilidad a esta junta. 3 of 165 OPEN TO THE PUBLIC A. CITY COUNCIL CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE TO THE FLAG PUBLIC COMMENTS (THREE -MINUTE TIME LIMIT) PROCLAMATIONS AND CERTIFICATES 1. National City Celebrates Soapy Joe's Day 2020 AWARDS AND RECOGNITIONS PRESENTATIONS INTERVIEWS / APPOINTMENTS 2. Interviews and Appointments: Various Boards and Committees. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 1. Motion of the City Council of the City of National City approving the waiving of the reading of the text of the Ordinances or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) 4. Resolution of the City Council of the City of National City: 1) awarding a contract to Basile Construction, Inc. in the amount of $1,394,292 for the P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43; 2) authorizing a 15% contingency in the amount of $209,143.80 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) 5. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U51 with the State of California Department of Transportation (Caltrans) for the Citywide Bike Wayfindinq Project to allow for reimbursement of up to $15,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds 4 of 165 appropriation of $15,000 and corresponding revenue budget. (Engineering/Public Works) 6. Resolution of the City Council of the City of National City: 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U52 with the State of California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget. (Engineering/Public Works) 7. Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with Protea National City, LLC, to install an outdoor designated plaza area in the alley with an alley pop -out, with awnings and balconies within public right-of- way as part of the future 7-story mixed use development project located on 130 East 8th Street (APN 556-472-26-00). (Engineering/Public Works) 8. Warrant Register #42 for the period of 4/8/20 through 4/14/20 in the amount of $1,138,982.03. (Finance) 9. Warrant Register #43 for the period of 4/15/20 through 4/21/20 in the amount of $2,856,064.58. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 10. Public Hearing and Adoption of a Resolution of the City Council of the City of National City confirming the costs of Weed Abatement and Approving the report and account for such, after having considered any objections or protests; pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards). (Fire) 11. 12. Public Hearing and Adoption of a Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. (Planning) Public Hearing and Adoption of a Resolution of the City Council of the City of National City accepting the National City 2020/2021 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2020-21 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. (Engineering/Public Works) 5 of 165 NON CONSENT RESOLUTIONS 13. Resolution of the City Council of the City of National City adopting a budget for Fiscal Year 2021. (Finance) 14. Resolution of the City Council of the City of National City ratifying a standard agreement with the State of California Department of Housing and Community Development for SB2 Grant funds in the amount of $310,000 and establishing fund appropriations and corresponding revenue budgets for Fiscal Years 2019/2020 and 2020/2021. (Housing) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 15. Report to City Council on the Homefront to Waterfront Connectivity Study. (Engineering/Public Works) 16. Report to City Council on the 24th Street Transit -Oriented Overlay District. Planning) 17. Report on the presentation of the Focused General Plan Update including the Sixth Cycle Housing Element to the Housing Advisory Committee. (Housing Authority) 18. COVID-19 Update. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT 6 of 165 Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - June 16, 2020 - 6:00 p.m. - Council Chambers - National City, California. City Council Legislative Recess: July 7, 2020 - City Council Meeting - Dispensed With July 21, 2020 - City Council Meeting - Dispensed With 7 of 165 The following page(s) contain the backup material for Agenda Item: National City Celebrates Soapy Joe's Day 2020 Please scroll down to view the backup material. 8 of 165 Item # 06/02/20 National City Celebrates Soapy Joe's Day 2020 9 of 165 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Various Boards and Committees. (City Clerk) Please scroll down to view the backup material. 10 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2. 2020 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Various Boards and Committees. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: (619) 336-4226 EXPLANATION: See attached. DEPARTMENT: City Cle, APPROVED BY: FINANCIAL STATEMENT: N/A ACCOUNT NO. ENVIRONMENTAL REVIEW: APPROVED: Finance APPROVED: MIS ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Take action as desired. ATTACHMENTS: Explanation Applications 11 of 165 CITY BOARDS AND COMMISSIONS — JUNE 2, 2020 CIVIL SERVICE COMMISSION (Appointing Authority: City Council / Staff Liaison: Robert Meteau) There is one (1) vacancy on the Civil Service Commission. There are no new applicants. Name Interviewed Vacancy No Applicants COMMUNITY AND POLICE RELATIONS COMMISSION (CPRC) (Appointing Authority: Mayor, subject to confirmation by City Council and successful completion of a background check / Staff Liaison: Lauren Maxilom) There is one (1) expired term on the CPRC. There are no new applicants. Name Michael Leslie Interviewed Requests reappointment* PLANNING COMMISSION (Appointing Authority: City Council / Staff Liaison: Martin Reeder) There is one (1) expired term (Sendt) and one (1) vacancy. Mr. Sendt requests reappointment. There is one additional application to be taken up at a later meeting. Name William Sendt Interviewed Requests reappointment* PUBLIC ART COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council / Staff Liaison: Audrey Denham) There is one (1) unexpired term Vacancy (Gloria Pangelinan) on the Public Art Committee. There are currently two (2) alternates (Charles Reilly and Jacqueline Schliapnik). Both are eligible for appointment. Name Interviewed Charles Reilly Current Alternate, Appointed 05-07-19 Jacqueline Schliapnik Current Alternate, Appointed 12-17-19 VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council / Staff Liaison: Lauren Maxilom) There is one (1) vacancy on the Veterans and Military Families Advisory Committee. There are no applicants. Name Interviewed Vacancy No Applicants 1 12 of 165 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 Planning Commission V Public Art Committee* Traffic Safety Committee > Applicants must be residents of the City of National City except for those marked by an " and al! applicants must be U.S. Citizens. > Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Name: C'bL4 /4e�/Z1-y E-Mail: C 21 Eq,CAV, /Q/P+ 6-)11 Home Address: .35/A./ LaiJ /Tv�, SO CST QV2l Tel. No.: S /V 2 6‘87 2) Business Affiliation: Q /ei /2e7ll 6.7. //K/ram//}D✓/ e Title: AeS t ven1 r (. Rei4 i ) Business Address: 2S A vVC `J Tel. No.: �s�ysZ 6637�� Length of Residence in National City: 0 San Diego County: . / California: -CO Educational Background:.8.4_ /2R or,./ (i. O,2 t DQu2 , y{ r oq67) Ji&4- S*J Pte Sow [J) (l 99i1 OccupationalExerience /I4✓r L ter,„„)// 8uSS/ne.S5 // kl4z//N r"J+et-09 t /qit rfr2c4,-/e6kQA £r eDuC>-7a.tht iaF7ofesssono ec WOrganization Memberships: Lu, J 47,71 u. /0eeA) nern4P4 fa kiat% -l2& ,4 f,J Ac5s 01 PQ , g.;:u .' c' / SNs747U466::n Civic or Community Experience, Membership, or Previous Public Service Appointments: Pe, 4eiI' c7 /J L / Experience or Special Knowledge Pertaining to Area of Interest: /i4v' H5p,4 ye ivl ?e 7-tr: 3 7 D 42S. Hi icA.06,0f 9- Ji211 Liu/2 TazaNv we 5JeMn mI/C 742LorA Q-ie-7gT3 6-N Di Ge 9, ,44 ! •'/ /9f r 7 AI �"ec"rh . 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: ,1/3/215/6 Signature: 7� Please feel free to provide additional information or letters of endorsem nt. Return completed form to: Office of the City Clerk, 1243 National City Blvd., NationaWit . A89950 co Thank you for your interest in serving the City of National City. > (xi m This documents is filed as a public document Revised: fl rch U17 Firn 1 N CC; Mi. /3 et.c- � es .l 13 of 165 Appendix: Volunteer Community Involvement / Leadership Activities Charles J. Reilly Board of Directors, American Marketing Association (San Diego Chapter) Active in member -retention and member -networking programs (1995-96). Board of Directors, Sushi Performance and Visual Art KChair, Development Committee. Founded in 1980, Sushi presents contemporary performance, dance and visual artists (1995-96). Marketing Committee, Museum of Contemporary Art, San Diego Strive to enhance ties between city and museum, especially downtown (1991-93). City Council District's Balboa Park Committee Work with community, business and neighborhood leaders and City Councilmember to improve social, safety and visitor services (1990-93). Organizer, Marston Hills Neighbors Work with neighbors and government officials to create neighborhood/citizens group to represent an historic neighborhood tucked into Balboa Park (1986-92). Board of Trustees, Save Our Heritage Organis(z)ation Create Special Gifts Committee to substantially increase annual giving (1989-91). Consultant on board development and Chair, Nominating Committee, '95, '96. National City Chamber of Commerce Member (2009 — present) Board Member and Executive Committee Member (2016 — present) Port of San Diego Arts, Culture and Design Committee National City Representative, appointed by Mayor and City Council (2016 — present) Other activities: Francis Parker School Scholarship Committee (1990); Public Relations Society of America; National Society of Fund Raising Executives. In Pasadena, California (until 1986): Citywide Strategic Planning Task Force Appointed by Mayor; active on Arts & Culture Panel. Initiate plans to guide elected officials in developing strategies to enhance the arts as a vehicle for community vision and economic development. Later appointed by Mayor to Marketing/Steering Committee to win community support, political backing and funding for recommended programs. 2 14 of 165 Vice President, Board of Trustees, Pasadena Heritage Chair, Development Committee. Help secure $25,000 challenge grant and raise about $65,000 in first year of an "Associates" program. Plan and lead program, including Board solicitation. Other activities: American Marketing Association; American Red Cross; American Cancer Society (Public Affairs Committee Chair). 3 15 of 165 CITY OF NATIONAL CITY 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* RECEIVED APPLICATION FOR APPOINTMENT CI C, ERK f Civil Service Committee /Ii1 li= 37 Plannin tloYnall 4iorilONAL CITY X 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: la .Cl>JQ,l{>(1e Se h\a ' ( E-Mail: jAC.K'e \o {5 mac() ,-4-iot• co, Home Address: tj\R) . NA.Q_4 `1-3., Tel. No.: lfd - 1 D + \`3 Business Affiliation: Business Address: I lu 1b ' W - Y .3- k C'V -1110 tei. No.: Laf q- 31-e- • Length of Residence in National City: San Diego County: 11- California: Educational Background: 6 £kQ,\As /.5S(3 - Cnrnw.h1 l G (3-S Uctde Sk �� e1:AM/LC ',coo La-6-krkpt 1Ou.S ER-Fitie: AC 'k Occupational Experience: A(', -her / MC / Y OcCe. 1\er \-Nuim {iih\d{ t �c- Professional or Technical Organization Memberships: ski x c.- Ehium, ber Crn,t-Pel-RAc�. Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Speciarknowledge Pertaining to Areaof interest: S ' (g�i-ed U '(`6.11�\A\ .1k ,�kJl W _ ( ko cm(( Have you ever been convicted of a felony crime? NoYes:_ 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: (P /i t f V 9 Signature: fi Cc - Please feel free to provide additional infor ation or letters of endorsement. 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. Pursuant to the California Public Records Act, information on this form Revised: February 2019 may be released to the public upon request. 4 16 of 165 June 7, 2019 To: The Public Art Committee I have worked with Jacqueline Schliapnik for 6 years at Radio Latina 104.5 FM. She serves as an Account Executive and dedicated Promotions Liason at station events. Jackie has volunteered her time and talents to many organizations. She acted as Master of Ceremonies at Cinco de Mayo Con Orgullo in Chicano Park (2019). She Co -Hosted. Kids Care Fest, an event providing Medical and. Dental Care for kids under 18, for the Grossmont Healthcare District (2017-18) She hosted The Science and Art Expo in Barrio Logan in Spring 2019. Jackie is passionate about the arts, and her mission is to elevate their role in the community. She performed in the play "Fefu and her Friends" at Olive Wood Gardens in National City (May 2018). She played the role of Sue, an independent woman in the 1930's, and had the opportunity to showcase her many talents by singing opera. This experience reinforced how important creativity and the arts are in her life and in the lives of others. Jacqueline also founded and produced an online radio station for Latinos world-wide. Jacqueline Schliapnik's decades of experience in media, and devotion to theater and the arts wouldbe a great asset to the Public Art Committee for National City. Best Regards, VIWV1 Ellen Ascher - Senior Account Executive - Radio Latina XLTN 104.5 FM 1"r1AGENl GROUP INC du' 4.;:A E'L ., e. N-.6ora: C F GA g' 9ci Tel: (619) 336-7800 / Fax: (619) 420-1092 % ww.'045radlolatiau com 5- 17 of 165 June 7t1, 2019 To whom it may concern: I am the programming Director for Radio Latina 104.5. I have known and worked with Jacqueline Schliapnik for over 6 years at Radio Latina. She is an Account Executive developing local advertising business and also works with the promotions team on station events. We work together but also have a friendship. I see her passion for the community and her interest in making positive change. She recently made a dream come true of seeing all the art she studied as a child in the gate program, when she visited the Louvre in Paris and found herself finally face to face with some of the most poignant pieces of artwork in history like the Mona Lisa by Leonardo Da Vinci and Degas famous ballerinas amongst many. Jackie enjoys singing, dancing, acting and voice over work as the arts have been a constant in her life. She would be happy to bring the arts to the forefront of the community by actively participating in that creative process. The arts have been proven to be an important thread in the building of a community and we need more people willing to do so. Jacqueline Schliapnik would be highly recommended for the Public Art Committee of National City. The ou,r atlek „ lip , '3.-7 f) Libia S Radi 619- rogram Director IMAGEN GROUP, INC. 2403 Hoover Ave.. National City. CA 91950 Tel: (619) 336-7800 / Fax: (619) 420-1092 www.1045radioiatina.com 6 18 of 165 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 or Resolutions that are having a Public Hearing considered at this meeting and providing that such Ordinances or Resolutions shall be introduced and/or adopted after a reading of the title only. (City Clerk) Please scroll down to view the backup material. 19 of 165 Item # 06/02/20 MOTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE WAIVING OF THE READING OF THE TEXT OF THE ORDINANCES OR RESOLUTIONS THAT ARE HAVING A PUBLIC HEARING CONSIDERED AT THIS MEETING AND PROVIDING THAT SUCH ORDINANCES OR RESOLUTIONS SHALL BE INTRODUCED AND/OR ADOPTED AFTER A READING OF THE TITLE ONLY. (City Clerk) 20 of 165 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 Basile Construction, Inc. in the amount of $1,394,292 for the P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43; 2) authorizing a 15% contingency in the amount of $209,143.80 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. (Engineering/Public Works) Please scroll down to view the backup material. 21 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) awarding a contract to Basile Construction, Inc. in the amount of $1,394,292 for the P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43; 2) authorizing a 15% contingency in the amount of $209,143.80 for any unforeseen changes; and 3) authorizing the Mayor to execute the contract. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engi e� i ]and Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS Contract Award Expenditure Account: 125-409-500-598-2024 (Sewer Upsizing CIP) - $1,394,292 15% contingency Expenditure Account: 125-409-500-598-2024 (Sewer Upsizing CIP) - $209,143.80 ENVIRONMENTAL REVIEW: A CEQA Categorical Exemption was determined on January 23, 2020. The Notice of Exemption has been filed with the County Recorder's Office on February 3, 2020. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution awarding a contract to Basile Construction, Inc. in the amount of $1,394,292 for the P-1 Sewer Upsize Project for Sweetwater High School, CIP No. 19-43. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Bid Opening Summary 3. Three Lowest Bidders Summary 4. Owner -Contractor Agreement 5. Resolution 22 of 165 EXPLANATION The P-1 Sewer Upsize Project includes open trench construction to remove and replace approximately 1490 linear feet of 8 inch diameter vitrified clay pipe (VCP) with 12 inch diameter PVC sewer main, manholes, laterals including pavement restoration, and placing a new sewer access road near the 2800 Block of D Avenue, just west of D Avenue. The work commences approximately 750 feet west of D Avenue and proceeds east for approximately 1500 feet through Sweetwater High School property and ends at F Avenue (see attached exhibit). On April 6, 2020, the bid solicitation was posted on PlanetBids, a free public electronic bidding system for contractors. On April 8, 2020 and April 10, 2020, the bid solicitation was advertised in local newspapers. On May 1, 2020, three (3) bids were received electronically on PlanetBids by the 2:00 p.m. deadline. Bid results were available immediately after the 2:00 p.m. deadline. HPS Mechanical, Inc. was the apparent lowest bidder. Upon review of all submitted documents, HPS Mechanical, Inc. was deemed "non -responsive" due to bid irregularities. Basile Construction, Inc. was the second lowest bidder with a total base bid plus alternative bid amount of $1,706,692.00: • Base Bid — $1,394,292 (Awarded) • Alternate Bid - $312,400 (Not awarded) Upon review of all required documents submitted and reference checks, Basile Construction, Inc. was deemed responsive, and are the lowest responsible bidder qualified to perform the work as described in the project specifications. Therefore, staff recommends awarding a contract to Basile Construction, Inc. in the not - to -exceed amount of $1,394,292. Staff also recommends authorizing a 15% contingency in the amount of $209,143.80 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 during winter 2020. Updates will be provided on the City's CIP website at: nationalcityprojects.corn. 23 of 165 -.. CALIFORNIA NATIONAL Cifll INCORPORATED BID OPENING SUMMARY NAME: P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO: 19-43 DATE: Friday, May 1, 2020 TIME: 2:00 P.M. ESTIMATE: $980,590.00 PROJECT ENGINEER: Roberto Yano, P.E. NO. BIDDER'S NAME BID AMOUNT ADDENDA #1,2,3 BID SECURITY -BOND 1 HPS Mechanical, Inc. 9260 Trade Place, Suite 101 San Diego, CA 92126 $899,720.00 Yes Bond 2. Basile Construction, Inc. 7952 Armour Street San Diego, CA 92111 $1,706,692.00 Yes Bond 3. Blue Pacific Engineering & Construction 7330 Opportunity Road, Suite J San Diego, CA 92111 $1,916,600.00 Yes Bond 24 of 165 Bid Results for P-1 Sewer Upsize Project (CIP No. 19-43) Item No. Description Unit Qty. HPS Mechanical, Inc. Basile Construction, Inc. Blue Pacific Engineering & Construction Base Bid - Open Trench 1 Mobilization/Demobilization LS 1 $15,000.00 $15,000.00 $26,500.00 $26,500.00 $60,000.00 $60,000.00 2 Water Quality Control LS 1 $ 5,400.00 $5,400.00 $7,900.00 $7,900.00 $20,000.00 $20,000.00 3 Traffic and Pedestrian Control LS 1 $16,000.00 $16,000.00 $20,700.00 $20,700.00 $30,000.00 $30,000.00 4 Temporary Fence LS 1 $8,400.00 $8,400:00 $4,210.00 $4,210.00 $10,000.00 $10,000.00 5 Surveying LS 1 $6,900.00 $ 6,900.00 $18,300.00 $18,300.00 $20,000.00 $20,000.00 6 Protection and Restoration of Existing Improvements LS 1 $15,000.00 $15,000.00 $20,500.00 $20,500.00 $20,000.00 $20,000.00 7 Clearing and Grubbing LS 1 $7,500.00 $7,500.00 $15,200.00 $15,200.00 $20,000.00 $20,000.00 8 Sweet Water High School Ball Field(s) Restoration LS 1 $9,000.00 $9,000.00 $136,900.00 $136,900.00 $15,000.00 $15,000.00 9 Sewer Bypass LS 1 $55,000.00 $55,000.00 $227,300.00 $227,300.00 $60,000.00 $60,000.00 10 Dewatering Mobilization and Demobilization EA 2 $33,000.00 $66,000.00 $5,500.00 $11,000.00 $5,000.00 $10,000.00 11 Dewatering DAY 10 $5,500.00 $55,000.00 $978.00 $9,780.00 $1,500.00 $15,000.00 12 Remove Existing 48" Sewer Manhole EA 3 $4,000.00 $12,000.00 $2,230.00 $6,690.00 $6,000.00 $18,000.00 13 Abandon Existing Manhole EA 2 $4,500.00 $9,000.00 $1,110.00 $2,220.00 $ 3,000.00 $6,000.00 14 Abandon Existing Sewer Line LF 190 $78.00 $14,820.00 $27.00 $5,130.00 $20.00 $3,800.00 15 12" Sewer Main by Open Trench LF 1400 $170.00 $238,000.00 $199.00 $278,600.00 $330.00 $462,000.00 16 Sewer Main Cleanout, Type A EA 5 $690.00 $3,450.00 $581.00 $2,905.00 $2,500.00 $12,500.00 17 Jack and Bore 18" sleeve and place 12" PVC sewer main within sleeve LF 200 $445.00 $89,000.00 $1,190.00 $238,000.00 $2,500.00 $500,000.00 1 Bid Results for P-1 Sewer Upsize Project (CIP No. 19-43) Item No. Description Unit Qty. HPS Mechanical, Inc. Basile Construction, Inc. Blue Pacific Engineering & Construction 18 5' Sewer Manhole EA 7 $9,500.00 $66,500.00 $16,000.00 $112,000.00 $22,000.00 $154,000.00 19 Manhole Locking Device EA 4 $250.00 $1,000.00 $1,460.00 $5,840.00 $1,500.00 $6,000.00 20 Connect Existing Sewer to New Manhole EA 2 $5,700.00 $11,400.00 $977.00 $1,954.00 $3,500.00 $7,000.00 21 Remove and Replace Existing Fence LF 180 $25.00 $4,500.00 $95.40 $17,172.00 $100.00 $18,000.00 22 PCC Curb and Gutter LF 50 $54.00 $2,700.00 $74.60 $3,730.00 $60.00 $3,000.00 23 PCC Sidewalk SF 200 $18.00 $3,600.00 $21.20 $4,240.00 $16.00 $3,200.00 24 Shoring and Bracing LS 1 $25,000.00 $25,000.00 $62,600.00 $62,600.00 $40,000.00 $40,000.00 25 Sewer Lateral Connection EA 5 $2,400.00 $12,000.00 $1,280.00 $6,400.00 $1,500.00 $7,500.00 26 Sewer Lateral, 4" PVC SDR35 LF 250 $145.00 $36,250.00 $40.70 $10,175.00 $80.00 $20,000.00 27 14' Access Road SF 8100 $5.00 $40,500.00 $7.00 $56,700.00 $7.00 $56,700.00 28 Asphalt Pavement Repair (4" AC on SF 500 $22.00 $11,000A0 $20.40 $10,200.00 $7.00 $3,500.00 29 Tree Replacement EA 1 $2,500.00 $2,500.00 $4,700.00 $4,700.00 $2,500.00 $2,500.00 30 Signing & Striping LS 1 $9,000.00 $9,000.00 $3,230.00 $3,230.00 $5,000.00 $5,000.00 31 Removal//Disposal and Replacment of Unsuitable Material CY 500 $65.00 $32,500.00 $68.40 $34,200.00 $100.00 $50,000.00 32 Gate Detection Loop Detectors EA 2 $2,500.00 $5,000.00 $978.00 $1,956.00 $1,250.00 $2,500.00 33 Pavement Lot Restoration SF 1800 $6.00 $10,800.00 $15.20 $27,360.00 $5.00 $9,000.00 Sub Total $899,720.00 $1,394,292.00 $1,670,200.00 Alternate Bid - Pipe Bursting. 34 Pipe Bursting (Sta. 7+50 - 15+79.43) LF 880 $0.00 $0.00 $355.00 $312,400.00 $280.00 $246,400.00 Sub Total $0.00 $312,400.00 $246,400.00 Summary of Award Base Bid - Open Trench $899,720.00 $1,394,292.00 $1,670,200.00 $899,720.00 $1,394,292.00 $1,670,200.00 2 OWNER - CONTRACTOR AGREEMENT P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43 This Owner -Contractor Agreement ("Agreement") is made by and between the City of National City, 1243 National City Boulevard National City, California 91950 and Basile Construction, Inc. ("Contractor"), 7952 Armour Street, San Diego, CA 92111, on the 2nd of June, 2020, for the construction of the above referenced Project. In consideration of the mutual covenants and agreements set forth herein, the Owner and Contractor have mutually agreed as follows: 1. CONSTRUCTION The Contractor agrees to do all the work and furnish all the labor, services, materials and equipment necessary to construct and complete the Project in a turn -key manner in accordance with this Agreement and all documents and plans referenced in Exhibit "A", (hereinafter "Contract Documents"), in compliance with all relevant Federal, State of California, County of San Diego and City of National City codes and regulations, and to the satisfaction of the Owner. 2. CONTRACT PRICE Owner hereby agrees to pay and the Contractor agrees to accept as full compensation for constructing the project in accordance with these Contract Documents in an amount not to exceed the contract price as set forth in Exhibit "B" attached hereto and incorporated herein by reference. Payments to the Contractor shall be made in the manner described in the Special Provisions. 3. TIME FOR PERFORMANCE Time is of the essence for this Agreement and the Contractor shall construct the project in every detail to a complete and turn -key fashion to the satisfaction of the Owner within the specified duration set forth in the Special Provisions. 4. NON-DISCRIMINATION In the performance of this Agreement, the Contractor shall not refuse or fail to hire or employ any qualified person, or bar or discharge from employment any person, or discriminate against any person, with respect to such person's compensation, terms, conditions or privileges of employment because of such person's race, religious status, sex or age. 27 of 165 5. AUTHORIZED OWNER REPRESENTATIVES On behalf of the Owner, the Project Manager designated at the pre -construction meeting shall be the Owner's authorized representative in the interpretation and enforcement of all Work performed in connection with this Agreement. 6. WORKERS' COMPENSATION INSURANCE a) By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement. b) The Contractor shall require each subcontractor to comply with the requirements of Section 3700 of the Labor Code. Before commencing any Work, the Contractor shall cause each subcontractor to execute the following certification: "I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the Work of this Agreement." 7. ENTIRE AGREEMENT; CONFLICT The Contract Documents comprise the entire agreement between the Owner and the Contractor with respect to the Work. in the event of conflict between the terms of this Agreement and the bid of the Contractor, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of the bid conflicting herewith. 8. MAINTENANCE OF AGREEMENT DOCUMENTATION Contractor shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment under this Agreement, for inspection by Owner and copies thereof shall be furnished to Owner if requested. 9. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, Contractor shall be an independent contractor and shall not be an employee, agent, partner or joint venturer of the Owner. Owner shall have the right to control Contractor insofar as the results of Contractor's 28 of 165 services rendered pursuant to this Agreement; however, Owner shall not have the right to control the means by which Contractor accomplishes such services. 10. LICENSES AND PERMITS Contractor represents and declares to Owner that it has all licenses, permits, qualifications and approvals of whatever nature which are legally required to practice its profession. Contractor represents and warrants to Owner that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any licenses, permits, qualifications or approvals which are legally required for Contractor to practice its profession. 11. GOVERNING LAW, VENUE This Agreement and the Contract Documents shall be construed under and in accordance with the laws of the State of California, and the appropriate venue for any action or proceeding arising from this Agreement and/or the Contract Documents shall be had in the Superior Court of San Diego, Central Branch. 12. COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall for all purposes be deemed to be an original. 13. FALSE CLAIMS Contractor acknowledges that if a false claim is submitted to the Owner, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that the False Claims Act, California Government Code sections 12650, et seq., provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include within their scope false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of the information. In the event the Owner seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorneys' fees. Contractor hereby acknowledges that the filing of a false claim may the Contractor to an administrative debarment proceeding wherein Contractor may be prevented from further bidding on public contracts for a period of up to five (5) years. I have read and understood all of the provisions of this Section 15, above: (Initial) (Initial). 29 of 165 14. AGREEMENT MODIFICATION This Agreement and the Contract Documents may not be modified orally or in any manner other than by an amendment in writing and signed by the Owner and the Contractor. IN WITNESS WHEREOF this Agreement is executed as of the date first written above. Owner: Contractor: Basile Construction, Inc. Alejandra Sotelo-Solis (Owner/Officer signature) Mayor, City of National City APPROVED AS TO FORM: By: Print name and title (Second officer signature if a corporation) Angil P. Morris -Jones Print name and title City Attorney Contractor's City Business License No. State Contractor's License No. and Class Business street address City, State and Zip Code 30 of 165 EXHIBIT A CONTRACT DOCUMENTS Owner/Contractor Agreement Bid Schedule Addenda Plans Special Provisions (Specifications) San Diego County Regional Standard Drawings City of National City Standard Drawings Standard Specifications for Public Works Construction and Regional Supplements (Greenbook) State Standard Specifications State Standard Plans California Building, Mechanical, Plumbing and Electrical Codes Permits issued by jurisdictional regulatory agencies Electric, gas, and communications companies specifications and standards Sweetwater Authority specifications and standards Specifications, standards and requirements of MTS, BNSF, SANDAL, Port of San Diego and aII other agencies that may be adjacent and/or affected by the project. 31 of 165 EXHIBIT B CONTRACT PRICE (NOTE - TO BE COMPLETED TO CONFORM WITH BID SCHEDULE ITEMS) 32 of 165 CORPORATE CERTIFICATE certify that I am the Secretary of the Corporation named as Contractor in the foregoing Contract; that who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. I, certify that lam the Secretary of the Corporation named as Contractor in the foregoing Contract; that , who signed said contract on behalf of the Contractor, was then of said Corporation; that said contract was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. Corporate Seal: 33 of 165 PARTNERSHIP CERTIFICATE STATE OF ) COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared: ) ss (Notary Seal) known to me to be of the partners of the partnership that executed the within instrument, and acknowledged to me that such partnership executed the same. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: 34 of 165 PERFORMANCE BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2nd day of June, 2020, has awarded Basile Construction, Inc., hereinafter designated as the "Principal", the P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43. WHEREAS, said Principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract. NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Three Thousand Ninety Four, Two Hundred Ninety Two ($1,394,292.001 lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH THAT if the above bounden Principal, his/her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract any alteration thereof made as therein provides, on his or their part, to be kept and performed at the time and in the amount therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City of National City, its officers, agents, employees, and volunteers as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed herein or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such 35 of 165 change, extension of time, alteration or additions to the terms of the contract or to the work or to the specifications. In the event suit is brought upon this bond by the City and judgment is recovered, the surety shall pay all costs incurred by the City in such suit, including a reasonable attorney's fee to be fixed by the Court. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 36 of 165 PERFORMANCE BOND ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this day of , 20 before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): Notary Public in and for said County and State My Commission expires: 37 of 165 PAYMENT BOND WHEREAS, the City Council of the City of National City, by Resolution No. 2020- , on the 2nd day of June, 2020, has awarded Basile Construction, Inc., hereinafter designated as the "Principal", the P-1 SEWER UPSIZE PROJECT FOR SWEETWATER HIGH SCHOOL, CIP NO. 19-43. WHEREAS, said Principal is required by Chapter 5 (commencing at Section 3225) and Chapter 7 (commencing at Section 3247), Title 15, Part 4, Division 3 of the California Civil Code to furnish a bond in connection with said contract; NOW, THEREFORE, we, the Principal and as surety, are held and firmly bound unto the City of National City, hereinafter called the "City", in the penal sum of One Million, Three Thousand Ninety Four, Two Hundred Ninety Two($1,394,292.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her or its subcontractors, heirs, executors, administrators, successors, or assigns, shall fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed by any such claimant, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor the Surety will pay for the same in an amount not exceeding the sum hereinafter specified, and also, in case suit is brought upon this bond, a reasonable attorney's fee, to be fixed by the Court. This Bond shall inure to the benefit of any of the persons named in Section 3181 of the California Civil Code, so as to give a right of action to such persons or their assigns in any suit brought upon this bond. 38 of 165 It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement hereinabove described or pertaining or relating to the furnishing of labor, materials, or equipment therefore, not by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement hereinabove described, nor by any rescission or attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner of Public Entity and original contractor or on the part of any obliges named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 3110 or 3112 of the California Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned. IN WITNESS WHEREOF three identical counterparts of this instrument, each of which shall for all purposes be deemed an original thereof, have been duly executed by the Principal and Surety above named, on the day of , 20 (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) (SEAL) Surety Principal 39 of 165 ATTORNEY -IN -FACT ACKNOWLEDGEMENT OF SURETY STATE OF ) ss COUNTY OF On this clay of , 20 , before me, the undersigned, a Notary Public in and for said County and State, personally appeared known to me to be the person whose name is subscribed to the within instrument as the attorney -in -fact of the , the corporation named as Surety in said instrument, and acknowledged to me that he subscribed the name of said corporation thereto as Surety, and his own name as attorney -in -fact. NOTE: Signature of those executing for Surety must be properly acknowledged. NOTE: The Attorney -in -fact must attach a certified copy of the Power of Attorney. Signature: Name (Type or Print): (Notary Public in and for said County and State) My Commission expires: ATTACH ALL BONDS 40 of 165 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 Mayor to execute Program Supplement Agreement (PSA) No. U51 with the State of California Department of Transportation (Caltrans) for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $15,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $15,000 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 41 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U51 with the State of California Department of Transportation (Caltrans) for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $15,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $15,000 and corresponding revenue budget. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: FINANCE APPROVED: MIS ATP Grant - $15,000 Revenue Account No. 96 06050-34_ Expenditure Account No. 2Q6riFTg-500-598-603Citywide Bike Wayfinding) No local match required. ENVIRONMENTAL REVIEW: Staff will obtain environmental clearance at the conclusion of the Environmental and Permits phase. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. U51 with Caltrans for the Citywide Bike Wayfinding Project to allow for reimbursement of up to $15,000 in ATP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/Exhibits 2. Program Supplement Agreement 3. Resolution al 9nf1F 5 Explanation On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $942,000 State Active Transportation Program (ATP) grant for the Citywide Bike Wayfinding Project. The state has allocated $43,000 for the Environmental and Permits phase. At the conclusion of the Environmental and Permits phase, staff will submit an allocation request to Caltrans for the remaining phases: Plans, Specifications, and Estimates (PS&E) ($95,000), and construction ($832,000). Staff will return to City Council to appropriate the funds once they have been allocated by Caltrans. On March 25, 2020, Caltrans authorized the City to proceed with the Environmental & Permits phase in the amount of $15,000. The project proposes to install more than 100 signs at decision points throughout the City's recently constructed bicycle network, The wayfinding signs will direct people on bikes to important destinations such as schools, transit stations, community centers, and parks. It will also direct people to ride on safe bicycle facilities, keeping them off roadways unsuitable for biking to prevent collisions. City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. U51 to Administering Agency -State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the ATP grant. 43 of 165 Project Improvement Map EXISTING BIKE INFRASTRUCTURE CURRENTLY IN -DESIGN BIKE INFRASTRUCTURE PROPOSED BIKE NFRASTRUCTURE EXISTING PEDESTRIAN PATH 11.11,111,111111,11,1111111 CURRENTLY IN -DESIGN PED PATH PROPOSED PEDESTRIAN PATH PARK LOCATIONS INSTITUTIONAL LOCATIONS SHOPPING/RETAIL LOCATIONS OREGIONAL TRANSIT STATION IIIIIIIIIIIIIIIIIIIIIII BLUE LINETROLLEY pl BAYSHORE BIKEWAY nu • • ■SWEETWATER BIKE WAY • PROPOSED LOCAL BICYCLE WAYFINDING LOCATIONS • PROPOSED REGIONAL BICYCLE WAYFINDING LOCATIONS • INFORMATION KIOSKS LOCATIONS SAN DIEGO BAY TROLLEY STATION CITY OF SAN DIEGO • B LUE LINE24TH STREET. TROLLEY STATION itiptOwl 6• p r • : • COUNTY OE SWAPO CITY OF CHULA VISTA COUNTY OF SAN DIEGO 1 IIIE National. CuFy [ii kc Watlf'"dim.9 pu'ts, n$E1fl[wl♦ _ NaiONAL CfTy II ILY 2018 PROPOSED BIKEWAY SIGNAGE SDSU 1.8 ♦ City Heights 1.6 4 La Mesa 5.1 GO by BIKE REGIONAL SIGNAGE it Kimball Park 1.2 ♦ City Hall 1.8 ♦ Pier 32 3.8 PROPOSED CITY BIKEWAY SIGNAGE •— CALIFORNIA NATIONAL. cn y 'Nconronwrzo ' PROPOSED ORIENTATION KIOSK NATIONAL CITY BIKE WAYFINDING PLAN PEDESTRIAN AND BICYCLE CONNECTIVITY ik JULY2018 PROGRAM SUPPLEMENT NO. U51 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00013S Adv Project ID Date: April 27, 2020 1120000087 Location: 11-SD-0-NATC Project Number: ATPSBIL-5066(047) E.A. Number: Locode: 5066 This Program Supplement, effective 03/25/2020, hereby adopts and incorporates into the Administering Agency -State Agreement No. 00013S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/02/07 and Is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages, PROJECT LOCATION: The project will install more than 100 bicycle wayfinding signs at decision points throughout the City's recently constructed bicycle network TYPE OF WORK: Bicycle Related - Other Estimated Cost State Funds Matching Funds $15,000.00 SB1 funds $15,000.00 LOCAL $0.00 OTHER $0.0( CITY OF NATIONAL CITY By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer ..... Date //)-4-1° $15.000.00 Program Supplement 00-013S-U51- SERIAL Page 1 of 4 46 of 165 11-SD-O-NATC ATPSBI L-5066(047) 1. SPECIAL COVENANTS OR REMARKS A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT, B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE - approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 00-013S-U51- SERIAL Page 2 of 4 47 of 165 11-S D-O-NATC ATPSB1 L-5066(047) SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/. ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the aliowability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third - party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission. Program Supplement 00-013S-U51- SERIAL Page 3 of 4 48 of 165 11-SD-O-NATC ATPSBI L-5066(047) SPECIAL COVENANTS OR REMARKS J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines. 2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. Program Supplement 00-013S-1151- SERIAL Page 4 of 4 49 of 165 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 Mayor to execute Program Supplement Agreement (PSA) No. U52 with the State of California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget. (Engineering/Public Works) Please scroll down to view the backup material. 50 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the Mayor to execute Program Supplement Agreement (PSA) No. U52 with the State of California Department of Transportation (Caltrans) for the Central Community Mobility Enhancements Project to allow for reimbursement of up to $43,000 in eligible project expenditures through the State Active Transportation Program (ATP); and 2) authorizing the establishment of an Engineering Grant Funds appropriation of $43,000 and corresponding revenue budget. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: FINANCE APPROVED: MIS ATP Grant - $43,000 Revenue Account No 96-06050-3498 Expenditure Account No.96-409-500-598-605 (Central Community Mobility Enhancements) Required Local Match - $7,000 — Expenditure Account Nc 96-409-500-598-6050—D ENVIRONMENTAL REVIEW: Staff will obtain environmental clearance at the conclusion of the Environmental and Permits phase. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution authorizing the Mayor to execute PSA No. U52 with Caltrans for the Central Community Mobility Enhancements Project to allow for reimbursement of up to $43,000 in ATP grant funds. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation w/Exhibits 2. Program Supplement Agreement 3. Resolution 5 1 of1E 5 Explanation On January 30, 2019, the California Department of Transportation (Caltrans) awarded a $1,286,000 State Active Transportation Program (ATP) grant for the Central Community Mobility Enhancements Project. The state has allocated $43,000 for the Environmental & Permits phase. At the conclusion of the PA&ED phase, staff will submit an allocation request to Caltrans for the remaining phases: Plans, Specifications, and Estimates (PS&E) ($104,000), Right -of -Way ($44,000), and construction ($1,095,000). Staff will return to City Council to appropriate the funds once they have been allocated by Caltrans. On March 26, 2020, Caltrans authorized the City to proceed with the Environmental & Permits phase in the amount of $43,000. There is a $7,000 local match requirement, which is available through prior City Council local TransNet appropriations for FY 2020 Traffic Signal Upgrades CIP. The project proposes to implement a north -south bicycle boulevard, close a sidewalk gap, and provide pedestrian enhancements in National City along M, N, and L Avenue, between 4th Street and 30th Street. The project corridor is located on L Avenue (30th Street to 16th Street), N Avenue (16th Street to Plaza Boulevard), and M Avenue (Plaza Boulevard to 4th Street). City Council Resolution authorizing the Mayor to execute Program Supplement Agreement No. U52 to Administering Agency -State Master Agreement No. 00013S is required to allow for reimbursement of eligible project expenditures through the ATP grant. 52 of 165 City of San Diego Project Area Legend Disadvantaged Community Census Tract with Median Housing Income <80% Location Map syNNOco- cgs 1" = 2400' 53 of 165 N Avenue Infrastructure Gap • Las Palmas Park • • • • • 51 at 1 u 0 0 0 0 0 0 • 0• 40 0 m • • .• Plaza Village Senior Living 5 0 •°O• Plaza Commercial Area Central Elementary School •• Las Palmas Elementary School Bike Boxes l� Highest employment density in National City m Walmart John A Otis Elementary School National Senior City • • • Housing • Middle Schoo • • • Kimball Park Cewtral. C&nuimxft.if y Mabhi)ty E .9eerawe Project Improvement Map Bicycle Boxes D Ave & 18th St, National C Class II Bike Lane 4th Street, National City • Olivewood Elementary School 0> Sweetwater Shopping L• Plaza Class III Bike Route 4th Street, National City LEGEND PROPOSED IMPROVEMENTS Class II - Bike Lane Install two 6' Buffered Bicycle Lanes Class III - Bike Route Install Sharrows and Signage New Sidewalk BIKE FACILITIES Existing Class 11 - Bike Lone Existing Class III - Bike Route Existing Class 11 In Design 0 0 0 o Future Class 1, 11, or III Bikeway* o 0 0 0 Future Pedestrian Path* Sweetwater Union OTHER High School • Existing Bus Stop Future BRT Station - SBBRT (2030) 1 * Existing Super Markets Note: Bicycle Loop Detectors to be installed at all signalized intersections * Refer to Bike Master Plan - Cl.IIF&[N,A - NAT1ODIAL CIETy PROGRAM SUPPLEMENT NO. U52 to ADMINISTERING AGENCY -STATE AGREEMENT FOR STATE FUNDED PROJECTS NO 00013S Adv Project ID ❑ate: April 27, 2020 1120000089 Location: 11-SD-0-NATC Project Number: ATPSBI L-5066(048) E.A. Number: Locode: 506E This Program Supplement, effective 03/26/2020, hereby adopts and incorporates into the Administering Agency -State Agreement No. 00013S for State Funded Projects which was entered into between the ADMINISTERING AGENCY and the STATE with an effective date of 05/02/07 and is subject to all the terms and conditions thereof. This PROGRAM SUPPLEMENT is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the ADMINISTERING AGENCY on (See copy attached). The ADMINISTERING AGENCY further stipulates that as a condition to the payment by the State of any funds derived from sources noted below encumbered to this project, Administering Agency accepts and will comply with the Special Covenants and remarks set forth on the following pages. PROJECT LUCATION: Implement a north -south bicycle boulevard, close a sidewalk gap, and provide pedestrian enhancements in National City along M, N, and L Avenues, between 4th Street and 30th Street. TYPE OF WORK: Pedestrian and Bike Path Estimated Cost State Funds Matching Funds $50,000.00 SB1 funds $43,000.00 LOCAL $7,000.00 OTHER $0.0( CITY OF NATIONAL CITY By Title Date Attest STATE OF CALIFORNIA Department of Transportation 13y Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer `�- Date V/2- /7.o2U $43.000.00 Program Supplement 00-013S-U52- SERIAL Page 1 of 4 55 of 165 11-SD-O-NATC ATPSB1 L-5066(048) SPECIAL COVENANTS OR REMARKS 1. A. This PROJECT will be administered in accordance with the applicable CTC STIP guidelines and the Active Transportation Program guidelines as adopted or amended, the Local Assistance Procedures Manual (LAPM), the Local Assistance Program Guidelines (LAPG), and this PROGRAM SUPPLEMENT. B. This PROJECT is programmed to receive State funds from the Active Transportation Program (ATP). Funding may be provided under one or more components. A component(s) specific fund allocation is required, in addition to other requirements, before reimbursable work can occur for the component(s) identified. Each allocation will be assigned an effective date and identify the amount of funds allocated per component(s). This PROGRAM SUPPLEMENT has been prepared to allow reimbursement of eligible PROJECT expenditures for the component(s) allocated. Unless otherwise determined, the effective date of the component specific allocation will constitute the start of reimbursable expenditures. C. STATE and ADMINISTERING AGENCY agree that any additional funds made available by future allocations will be encumbered on this PROJECT by use of a STATE - approved Allocation Letter and STATE Finance Letter. ADMINISTERING AGENCY agrees that STATE funds available for reimbursement will be limited to the amount allocated by the California Transportation Commission (CTC) and/or the STATE. D. Upon ADMINISTERING AGENCY request, the CTC and/or STATE may approve supplementary allocations, time extensions, and fund transfers between components. Funds transferred between allocated project components retain their original timely use of funds deadlines, but an approved time extension will revise the timely use of funds criteria for the component(s) and allocation(s) requested. Approved supplementary allocations, time extensions, and fund transfers between components made after the execution of this PROGRAM SUPPLEMENT will be documented and considered subject to the terms and conditions thereof. Documentation will consist of a STATE approved Allocation Letter, Fund Transfer Letter, Time Extension Letter, and Finance Letter, as appropriate. E. This PROJECT is subject to the timely use of funds provisions enacted by the Active Transportation Program guidelines, as adopted or amended, and by approved CTC and State procedures as outlined below. Funds allocated for the environmental & permits (E&P), plan specifications & estimate (PS&E), and right-of-way components are available for expenditure until the end of the second fiscal year following the year in which the funds were allocated. Funds allocated for the construction component are subject to an award deadline and contract completion deadline. ADMINISTERING AGENCY agrees to award the contract within 6 months of the construction fund allocation and to complete and accept the construction within 36 months of award. F. Award information shall be submitted by the ADMINISTERING AGENCY to the District Program Supplement 00-013S-U52- SERIAL Page 2 of 4 56 of 165 11-SD-O-NATC ATPSBI L-5066(048) SPECIAL COVENANTS OR REMARKS Local Assistance Engineer immediately after project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing of invoices for the construction phase. G. The ADMINISTERING AGENCY shall invoice STATE for environmental & permits (E&P), plans specifications & estimate (PS&E), and right-of-way costs no later than 180 days after the end of last eligible fiscal year of expenditure. For construction costs, the ADMINISTERING AGENCY has 180 days after project completion or contract acceptance to make the final payment to the contractor prepare the final Report of Expenditures and final invoice, and submit to STATE for verification and payment. H. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current LAPM and the Active Transportation Program (ATP) Guidelines. I. ADMINISTERING AGENCY indirect costs, as defined in 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, to be claimed must be allocated in accordance with an Indirect Cost Allocation Plan (ICAP), submitted, reviewed, and approved in accordance with Caltrans Audits and Investigations requirements which may be accessed at: www.dot.ca.gov/hq/audits/. ADMINISTERING AGENCY agrees to comply with, and require all sub -recipients and project sponsors to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards, and all applicable Federal and State laws and regulations. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., and all applicable Federal and State laws and regulations, shall be used to determine the aliowability of individual PROJECT cost items. Any Fund expenditures for costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, or 48 CFR, Chapter 1, Part 3, are subject to repayment by ADMINISTERING AGENCY to STATE. Should ADMINISTERING AGENCY fail to reimburse Funds due STATE within 30 days of demand, or within such other period as may be agreed in writing between the Parties hereto, STATE is authorized to intercept and withhold future payments due ADMINISTERING AGENCY from STATE or any third - party source, including, but not limited to, the State Treasurer, the State Controller, and the California Transportation Commission, Program Supplement 00-013S-U52- SERIAL Page 3 of 4 57 of 165 11-SD-o-NATC ATPSBI L-5066(048) SPECIAL COVENANTS OR REMARKS J. By executing this PROGRAM SUPPLEMENT, ADMINISTERING AGENCY agrees to comply with all reporting requirements in accordance with the Active Transportation Program guidelines, as adopted or amended. K. This PROJECT has received funds from Active Transportation Program (ATP). The ADMINISTERING AGENCY agrees to administer the project in accordance with the CTC Adopted SB1 Accountability and Transparency Guidelines. 2. The ADMINISTERING AGENCY shall construct the PROJECT in accordance with the scope of work presented in the application and approved by the California Transportation Commission. Any changes to the approved PROJECT scope without the prior expressed approval of the California Transportation Commission are ineligible for reimbursement and may result in the entire PROJECT becoming ineligible for reimbursement. Program Supplement 00-013S-U52- SERIAL Page 4 of 4 58 of 165 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 an Encroachment Permit Agreement with Protea National City, LLC, to install an outdoor designated plaza area in the alley with an alley pop -out, with awnings and balconies within public right-of-way as part of the future 7-story mixed use development project located on 130 East 8th Street (APN 556-472-26-00). (Engineering/Public Works) Please scroll down to view the backup material. 59 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City accepting and authorizing the Mayor to sign an Encroachment Permit Agreement with Protea National City, LLC, to install an outdoor designated plaza area in the alley with an alley pop -out, with awnings and balconies within public right-of-way as part of the future 7-story mixed use development project located on 130 East 8th Street (APN 556-472-26-00). PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: Engineering and Public Works PHONE: 619-336-4388 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION APPROVED: FINANCE APPROVED: MIS FINAL ADOPTION STAFF RECOMMENDATION: Adopt Resolution accepting the Encroachment Permit Agreement with Protea National City, LLC, for the installation an outdoor designated plaza area in the alley with an alley pop -out, with awnings and balconies as part of the future 7-story mixed use development project located on 130 East 8th Street (APN 556-472-26-00). BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Encroachment Permit Agreement 3. Resolution 60 of 1 E 5 EXPLANATION Protea National City, LLC has proposed a 7-story mixed use (commercial and residential) development complex to be constructed on 130 E. 8th Street (Assessor Parcel Number 556-472-26-00). The grading plans have been approved, and the public improvement plans have been submitted and are currently under review. The project proposes to install an alley designated plaza area with an alley pop -out, which will provide outdoor seating area (see attached Exhibit "B"). The owner intends to enhance this area with elements such as decorative pavement treatment, chairs, tables, benches, bicycle racks, trash receptacles, planters, umbrellas, patio heaters, etc. In addition, the building as currently designed, proposes to install balconies and overhead awnings within the public right of way. An encroachment agreement is required to allow the property owner to install these improvements in the public right of way. Protea National City, LLC is requesting that the City approve and the Mayor sign the agreement. If approved by the City Council, this Encroachment Permit Agreement will be recorded with the Office of the San Diego County Recorder. Staff recommends the City Council adopt the resolution accepting the Encroachment Permit Agreement with Protea National City, LLC, for the installation an outdoor designated plaza area in the alley with an alley pop -out, with awnings and balconies as part of the future 7-story mixed use development project located on 130 East 8th Street (APN 556--472--26-00). 61 of 165 FEE: $500.00 ENCROACHMENT PERMIT AND AGREEMENT (Commercial) The City Of National City hereby grants an Encroachment Permit to the undersigned, Protea National City, LLC (hereinafter referred to as "OWNER"), in accordance with and pursuant to the terms and conditions set forth in Chapter 13.12 of the National City Municipal Code. OWNER is the owner of that certain real property described in the attached Exhibit "A", or is an owner of personal property that is proposed to be installed in the public right-of-way or other public property of the City of National City, County of San Diego, State of California. The OWNER, in consideration of this grant of permission by the City of National City (hereinafter referred to as "CITY") to install and maintain certain personal property or a building, facility, or other structure (hereafter designated from time to time as an "encroachment") within or upon a CITY easement, property, or right-of-way for the use and benefit of OWNER'S property and adjacent lands, now covenants and agrees as follows: The site of installation and any description of OWNER'S encroachment is described in Exhibit "B", attached. The terms and conditions under which the encroachment is to be installed and maintained are as follows: 1. Upon notification in writing by the City Engineer, the above described encroachment shall be abandoned, removed, or relocated by OWNER at the owner's sole expense. 2. The said encroachment shall be maintained in a safe and sanitary condition at all times at the sole cost, risk, and responsibility of OWNER and any successor in interest, who shall hold CITY harmless with respect thereto. 3. This Permit and Agreement, when. made for the direct benefit of OWNER'S land or property described above, and the covenants herein contained shall run with said land and shall be binding on the assigns and successors of OWNER, Should OWNER or its successors fail to remove or relocate the encroachment herein permitted within thirty (30) days after notice of removal or relocation from the CITY, CITY may cause such removal or relocation to be done at OWNER's sole cost and expense, which shall be a lien upon said land. A copy of this Encroachment Agreement shall be recorded against any real property of the owner's that is hereby benefited by the encroachment, Upon request by CITY, PERMI'rI'BE shall record this Encroachment Agreement with the County of San Diego, County Recorder's Office, and upon recordation shall return the original to the CITY, 4, OWNER shall indemnify, defend, and hold harmless CITY and its officers, agents, and employees from all liability, loss, costs, claims, demands, suits, and defense costs, including attorneys' fees, arising out of Owner's entry upon and use of City's easement or right-of-way for the installation, maintenance, and use of the owner's encroachment. 5. OWNER and each successor in interest or assign shall take out and maintain, during the time the encroachment remains on CITY's easement or right-of-way, commercial general liability insurance with minimum limits of One Million Dollars ($1,000,000,00) combined single limit per occurrence, covering all bodily and property damage arising out of this Encroachment Agreement. This policy shall name CITY and its officers, agents, and employees as additional insured, and shall constitute primary insurance as to CITY and its officers, agents, and employees, so that any other policies held by CITY shall not contribute to any loss under said insurance. Said policy shall 62 of 165 provide for thirty (30) days prior written notice to CITY of cancellation or material change. Prior to commencement of'this Encroachment Agreement, OWNER shall furnish CITY a certificate of insurance with original endorsements evidencing the coverage required by this section. Should owner fail to do so, City may elect to obtain such coverage at OWNER'S expense or immediately terminate this Agreement. 6. The hill terms and conditions under which this Encroachment Permit is issued are further set forth in Chapter 13.12 of the National City Municipal Code, which terms OWNER hereby specifically acknowledges and agrees to. Owner also acknowledges that those terms and conditions include, without limitation, the following: a. The City reserves the right to charge the Owner "fair and reasonable" compensation for the use of CITY property retroactive to the date of construction or installation of the encroachment. b. The CITY can require the removal, relocation, or undergrounding of the encroachment when deemed necessary and feasible by and in the sole discretion of the City Engineer at owner's expense. 7. This encroachment Permit is not valid and confers no rights to install and maintain an encroachment until it is accepted by the Owner. DATED: CITY OF NATIONAL CITY PEIZMITTEE: Protea National City, LLC Alejandra Sotelo-Solis, Mayor Entity/Company Signature A -Non ,) 114Ltc tc. r AMMO - Name & Title o c fM.'rte er-rri (- -c ATTACH NOTARY CERTIFICA'1CION FOR THE NAME OF PERMITTEIE SHOWN ABOVE. USE CALIFORNIA ALL PURPOSE ACKNOWLEDGEMENT NOTARY ONLY. PERIvIITTEE/APPLICANT INFORMATION: Person in Responsible Charge 211/7 Phone Number Protea National City, LLC Finn Name Mailing Address; Protea National City, LLC 3262 Holiday Court,. Unit 100 La Jolla, CA 92037 PLAT SHOWING LOCATION OF STRUCTURES, EASEMENT, OR RIGHT-OF-WAY, AND SEWER AND/OR DRAINAGE FACILITIES: SEE EXHIBIT "B", ATTACHED 2 Encroachment Perrnit and Agreement (Commercial)) 63 of 165 ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of 54,v 7s64. U On `' in 4 .lost before me, e"-DAv s 2 (insert name and title of the officer) personally appeared 4NDRe1,) P'Y1C who proved to me on the basis of satisfactory evidence to be the person() whose name() islaie subscribed to the within instrument and acknowledged to me that he/sh'e/they executed the same in his/her/their authorized capacity(iee), and that by histher/their signature() on the instrument the person(s), or the entity upon behalf of which the person(g) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. DAVID RUSSELL WITNESS my hand and official seal. xy- NotaryPublic- California San Diego County Commission 7t 2186;49 y My Comm. Expires Mar 11, 2021 Signature �� - < �1 (Seal) 64 of 165 OWNER: PROTEA NATIONAL CITY, LLC 3262 HOLIDAY COURT, UNIT 100 LA JOLLA, CA 92037 EXHIBIT "A" SITE ADDRESS: 130 E 8T1t STREET NATIONAL CITY, CA 91950 APN: 556-472-26 OWNER IS THE OWNER OF THAT CERTAIN REAL PROPERTY SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF SAN DIEGO, CITY OF NATIONAL CITY AND DESCRIBED AS FOLLOWS: LOTS 11,12,13,14, 15 16, 17 18, 19 AND 20 IN BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION OF 10 ACRE LOT 1 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 105, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MARCH 10, 1887. LEGAL DESCRIPTION RIGHT-OF-WAY ENCROACHMENTS THOSE PORTIONS OF THE Sth STREET AND BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION OF 10 ACRE LOT 1 IN QUARTER SECTION 154 OF RANCHO DE LA NACION, IN THE CITY OF NATIONAL CITY, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 105, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, March 10,1887, DESCRIBED AS FOLLOWS: PARCEL A: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF SAID BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 20, NORTH 72°01'07" EAST 6.44 FEET TO TRITE POINT OF BEGINNING; THENCE, LEAVING SAID NORTHERLY LINE, NORTH 17°58'53" WEST4.20 FEET; THENCE NORTH 72°01'07" EAST 105.70 FEET; THENCE SOUTH 17°58'53" EAST 4.20 FEET TO THE NORTHERLY LINE OF SAID LOT 20; THENCE, ALONG SAID NORTHERLY LINE, SOUTH 72°01'07" WEST 105,70 FEET TO THE POINT OF BEGINNING; CONTAINING 444.0 SQ. FT., MORE OR LESS. PARCEL B: BEGINNING AT THE SOUTHWEST CORNER OF LOT 11 OF SAID BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION; Page 1 of 4 65 of 165 EXHIBIT "A" THENCE, ALONG THE SOUTHERLY LINE OF SAID LOT 11, NORTH 72°00'SO" EAST 106.80 FEET, THENCE, LEAVING SAID SOUTHERLY LINE, SOUTH 17°59'10" EAST 3.92 FEET; THENCE, SOUTH 72°00'50" WEST 106.80 FEET; THENCE, NORTH 17°59'10" WEST 3.92 FEET TO THE POINT OF BEGINNING, CONTAINING 419.2 SQ. FT., MORE OR LESS. PARCEL C: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF SAID BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION; THENCE, ALONG THE WESTERLY LINE OF LOTS 20 AND 19 OF SAID BLOCK 2, SOUTH 17°45'10" EAST 45.51 FEET TO THE TRUE POINT OF BEGINNING. THENCE, CONTINUING ALONG THE WESTERLY LINE OF LOTS 19 THROUGH 13 INCLUSIVE OF SAID BLOCK 2, SOUTH 17°44'10" EAST 143.60 FEET; THENCE, LEAVING SAID WESTERLY LINE, SOUTH 72°14'50" EAST 3.79 FEET; THENCE, NORTH 17°45'10" WEST 143.60 FEET; THENCE, NORTH 72°14'50" EAST 3.79 FEET TO THE WESTERLY LINE OF SAID LOT 19 AND THE TRUE POINT OF BEGINNING. CONTAINING 543.9 SQ. FT., MORE OR LESS. PARCEL D: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 20 OF BLOCK 2; THENCE, ALONG THE EASTERLY LINES OF LOTS 20 AND 19 OF SAID BLOCK 2, SOUTH 17°45'54" EAST 38.73 FEET TO THE TRUE POINT OF BEGINNING; THENCE, LEAVING SAID EASTERLY LINE, NORTH 72'14'06" EAST 3.94 FEET; THENCE SOUTH 17'45'54" EAST 149.02 FEET; THENCE SOUTH 72°14'06" WEST 3.94 FEET TO THE EASTERLY LINE OF SAID BLOCK 2; Page Z of 4 66 of 165 EXHIBIT "A" THENCE, ALONG SAID EASTERLY LINE NORTH 17°45'54" WEST 149.02 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 587.7 SQ. FT., MORE OR LESS, PARCEL E; BEGINNING AT THE NORTHWEST CORNER OF LOT 20 OF SAID BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION AND THE TRUE POINT OF BEGINNING. THENCE, ALONG THE WESTERLY LINE OF LOTS 20 AND 19 OF SAID BLOCK 2, SOUTH 17°45'10" EAST 45.51 FEET; THENCE, LEAVING SAID WESTERLY LINE, SOUTH 72°14'50" WEST 20.00 FEET TO THE EASTERLY LINE OF LOT 2 OF SAID BLOCK 2; THENCE, ALONG THE EASTERLY LINE OF LOTS 2 AND 1 OF SAID BLOCK 2, NORTH 17°45'10" EAST45.43 FEET TO THE NORTHEASTERLY CORNER OF SAID LOT 1; THENCE, NORTH 72°01'07" EAST 20.00 FEET TO THE POINT OF BEGINNING; CONTAINING 909.4 SQ. FT., MORE OR LESS. PARCEL F: COMMENCING AT THE NORTHWEST CORNER OF LOT 20 OF SAID BLOCK 2 OF W.C. KIMBALL'S SUBDIVISION; THENCE, ALONG THE NORTHERLY LINE OF SAID LOT 20, NORTH 72°01'07" EAST 22.78 FEET; THENCE, LEAVING SAID NORTHERLY LINE, NORTH 17°58'53" WEST 10.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE, ALONG A LINE PARALLEL WITH AND 10,00 FEET NORTHERLY OF THE NORTHERLY LINE OF SAID BLOCK 2, SOUTH 72°01'07" WEST 46.00 FEET; THENCE, LEAVING SAID PARALLEL LINE, NORTH 63'25'40" WEST 12.09 FEET TO THE BEGINNING OF A 4.50 RADIUS CURVE, CONCAVE EASTERLY, A RADIAL LINE TO SAID BEGINNING BEARS SOUTH 26°16'14" W EST; THENCE NORTHERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 135°44'53" AND ARC DISTANCE OF 10.66 FEET; THENCE, NORTH 72°01'07" EAST 34.93 FEET; Page 3 of 4 67 of 165 EXHIBIT "A" THENCE SOUTH 634346" EAST 25.08 FEET TO THE POINT OF BEGINNING; CONTAINING 779.2 SQ. FT., MORE OR LESS. SEE EXHIBIT "B" ATTACHED HERETO AND MADE A PART HEREOF, BY THIS REFERENCE. PREPARED BY: DEY N PANTICH, PLS d DEVA PANTICH No. 8414 Page 4 of 4 68 of 165 7j1 EXHIBIT B E 8TH STREET PARCEL F PARCEL A -� PARCEL EE nu CI -PARCEL C w F, ct gQ •1N° 41/4 os 40� PARCEL B E 9TH STREET KEY MAP 1" er 40' B AVENUE SHEET 1 OF 4 �Y MAP NoT TO SCALE LEGEND PROPERTY LINE/ PUBLIC ROW PUBLIC ROW ENCROACHMENTS SITE ADDRESS: 130 E. 8TH STREET NATIONAL CITY, CA 91950 OWNER/DEVELOPER: PROTEA NATIONAL CITY, LLC 3262 HOLIDAY COURT, UNIT 100 LA JOLLA, CA 92037 APN: 556-472-26 BASIS OF BEARINGS: THE CALIFORNIA COORDINATE SYSTEM 1983 ICCS83}, ZONE 6, 2017.50 EPOCH, AND WAS DETLRM NED BY G I? S, MEASUREMENTS TAKEN ON 05/04/18 AT COBS STATION P475 OF THE CALIFORNIA REAL TIME NETWORK. 69 of 165 �N17'58'532''W TP.Oa -PARCEL A' PAC, PARCE.. A O N P.O.B. PARCEL 2. 62' S17 59'10'E • EXHIBIT B E. 8TH STREET •• N7201'07"E' 105.70' a -r - 22.4' PARCEL A 7/7 12.9' \ S72 01'07'W f �I 105.70' AWNING 10'--4" ABOVE FF; 10.6' 8.44' BLDG. OVERHANG Boa OVERHANG 20' , N72'01`07"E 21'ABOVE FF ABOVE FF AWNING BO EGFF-7 ®T TT, MACK 2 MAP 105 11.0' LOT ill, (RACK2,MAP ToH 57200'50"W 106.80' 10.9' 10=8'� PARCEL B 10.9' N72'00'50"E 106.80' E 9TH STREET 10.8' BLDG. OVERHANG 21' ABOVE FF (TTYP.) SHEET 2 OF 4 4.20' 31758'53'E N17 59'10"W 2.59' 70 of 165 WIMP )791 N7214'50'E 3.8' 3 E 8TH STREET EXHIBIT B �POG PARCEL C PARCEL C BLDG. OVERHANG 21' ABOVE FF 3.79' N72'14'50"E S72 01'07"F' 115.43' (1157 MOB.—" PAF10Et. C SHEET 3 OF 4 �P,qC PARCEL D 3,94' N72'I4'06 "E AWNING 9`51, ABOVE FF' BLDG. OtRHANG 20' .ABOVE FF PARCEL D w W CO 3.94' N72'14'067' 71 of 165 EXHIBIT B SHEET 4 OF 4 34,93 tpf,5'44'S3' S72 01`O R-4,50' L=10.66 / c 0 \ / , ,;caz, No � 5 N7220 "W 0,7E 46 00 / „ 00' E � �---g ALLEY POP -OUT MTH ROLLED CURB PER DRAWING 11558-D Pa,. E. 8TH STREET PARCEL F ' W — i-N17,58'53"W "�►� c(// N72.01'071.--41'' 22.78' P.O.. PARCEL E P.O.C. PARCEL F t% 4Z-4.- 0„ NG al6EA' o — w OPERABLE FENCE PER - - ALLEY TO BECOME' DESIGNATED PLAZA AREA BUILDING LANDSCAPE PLANS (PERMIT ;2019-8703) za as', (PERMIT ;2019-8703) gf L BLDG. 20' OVERHANG 21 ABOVE FF k -- -- V o -J SWs N2k "Y OHNER INTENDS TO ENHANCE PARCELS E AND F 147TH SUCH ELEMENTS AS; DECORATIVE PAVEMENT Il'EATMENT CHAIRS, TABLES, BENCHES, BICYCLE RACKS TRASH RECEPTACLES, PLANTERS UMBRELLAS, PATIO HEATERS, ET2 72 of 165 4SWS ENGINEERING, INC. Civil Engineering I Land Surveying I Land Planning I Construction Staking 17-057 Parcel Map Check Report Overhead Encroachment Easements Client: Prepared by: JOB NO: Deyan Pantich SWS ENGINEERING, INC. 1635 LAKE SAN MARCOS DR, STE 200 Date: 3/31/2020 Parcel Name: ROW ENCROACHMENTS - PARCEL A North:1,827,854.351' East:6,298,482.609' Segment# 1: Line Course: N17°58'53"W North: 1,827,858.345' Segment# 2: Line Course: N72°01'07"E North: 1,827,890.976' Segment# 3: Line Course: S17°58'53"E North: 1,827,886.981' Segment# 4: Line Course: S72°0l'07"W North: 1,827,854.351' Perimeter: 219.8 ]' Error Closure: 0.000 Error North : 0.0000 Precision 1: 219,800,000.00 Length: 4.20' East: 6,298,481.313' Length: 105.70' East: 6,298,581.850' Length: 4.20' East: 6,298,583.146' Length: 105.70' East: 6,298,482.609' Area: 443.96Sq.Ft. Course: NO°00'00"E East: 0.0000 1635 Lake San Marcos Drive I Suite 200 I San Marcos CA 192069 31045 Temecula Parkway 1 Suite 201 i Temecula I CA 192592 760-744-0011 1760-744-0046 fax 951-296-3407 i 951-557-9451 fax Page 1 of 5 73 of 165 • SWS ENGINEERING, INC. Civil Engineering l Land Surveying Land Planning 1 Construction Staking Parcel Name: ROW ENCROACHMENTS - PARCEL B North:1,827,613.935' East:6,298,552.830' Segment# 1: Line Course: N72°00'50"E North: 1,827,646.914' Segment# 2: Line Course: S17°59'10"E North: 1,827,643.185' Segment# 3: Lure Course: S72°00'50"W North: 1,827,610.207' Segment# 4: Line Course: Nl7°59'10"W North: 1,827,613.935' Perimeter: 221.45' Error Closure: 0.000 Error North : 0.0000 Precision 1: 221,440,000.00 Length: 106.80' East: 6,298,654.411' Length: 3.92' East: 6,298,655.621' Length: 106.80' East: 6,298,554.040' Length: 3.92' East: 6,298,552.830' Area: 419.19Sq.Ft. Course: NO°00'00"E East: 0.0000 Parcel Name: ROW ENCROACHMENTS - PARCEL C North:1,827,809.027' Segment# 1: Line Course: S17°45'10"E North: 1,827,672.265' Segment# 2: Line Course: S72°14'50"W North: 1,827,671.110' East:6,298,490.370' Length: 143.60' East: 6,298,534.155' Length: 3.79' East: 6,298,530.546' 1635 Lake San Marcos Drive I Suite 200 I San Marcos CA 1 92069 31045 Temecula Parkway I Suite 201 I Temecula I CA 192592 760-744-0011 1760-744-0046 fax 951-296-3407 1951-587-9451 fax Page 2 of 5 74 of 165 SWS ENGINEERING, INC. Civil Engineering I Land Surveying j Land Planning j Construction Staking Segment# 3: Line Course: N17°45'10"W North: 1,827,807.872' Segment# 4: Line Course: N72° 14'50"E North: 1,827,809.027' Perimeter: 294.78' Error Closure: 0.000 Error North : 0.0000 Precision 1: 294,780,000.00 Length: 143.60' East: 6,298,486.761' Length: 3.79' East: 6,298,490.370' Area: 543.89Sq.Ft. Course: NO°00'00"E East: 0.0000 Parcel Name: ROW ENCROACHMENTS - PARCEL D North:1,827,848.648' East:6,298,598.895' Segment# 1: Line Course: N72° 14'06"E North: 1,827,849.850' Segment# 2: Line Course: S 17°45'54"E North: 1,827,707.936' Segment# 3: Line Course: S72° 14'06"W North: 1,827,706.733' Segment# 4: Line Course: N17°45'54"W North: 1,827,848.648' Length: 3.94' East: 6,298,602.647' Length: 149.02' East: 6,298,648.115' Length: 3.94' East: 6,298,644.363' Length: 149.02' East: 6,298,598.895' Perimeter: 305.92' Area: 587.66Sq.Ft. 1635 Lake San Marcos Drive I Suite 200 I San Marcos I CA 192069 31045 Temecula Parkway I Suite 201 I Temecula I CA 192592 760-744-0011 1760-744-0046 fax 951-296-3407 1951-587-9451 fax Page 3 of 5 75 of 165 SWS ENGINEERING, INC. Civil Engineering 1 Land Surveying 1 Land Planning I Construction Staking Error Closure: 0.000 Error North : 0.0000 Course: NO°00'00"E East: 0.0000 Precision 1: 305,920,000.00 Parcel Name: ROW ENCROACHMENTS - PARCEL E North:1,828,000.420' Segment# 1: Line Course: S 17°45' 10"E North: 1,827,957.077' Segment# 2: Line Course: S72° 14'S0"W North: 1,827,950.979' Segment# 3: Line Course: N17°45'10"W North: 1,827,994.246' Segment# 4: Line Course: N72°01'07"E North: 1,828,000.420' Perimeter: 130.93' Error Closure: 0.000 Error North :-0.0002 Precision 1: 130,940,000.00 East:6,298,476.495' Length: 45.51' East: 6,298,490.371' Length: 20.00' East: 6,298,471.324' Length: 45.43' East: 6,298,457.472' Length: 20.00' East: 6,298,476.495' Area: 909.32Sq.Ft. Course: S20°47'03"W East: -0.0001 1635 Lake San Marcos Drive I Suite 200 San Marcos 1 CA 192069 31045 Temecula Parkway I Suite 201 I Temecula I CA 192592 760-744-0011 1760-744-0046 fax 951-296-3407 1951-587-9451 fax Page 4 of 5 76 of 165 SWS ENGINEERING, INC. Civil Engineering I Land Surveying I Land Planning I Construction Staking Parcel Name: ROW ENCROACHMENTS - PARCEL F North:1,828,016.964' Segment# 1: Line Course: S72°01'07"W North: 1, 8 2 8, 002.763' Segment# 2: Line Course: N63°43'46"W North: 1,828,008.964' Segment# 3: Curve Length: 10.66' Delta: 135.75 (d) Chord: 8.34' Course In: N26°16`14"E RP North: 1,828,013.000' End North: 1,828,017.280' Segment# 4: Line Course: N72°01'07"E North: 1,828,028.063' Segment# 5: Line Course: S63°43'46"E North: 1,828,016.962' Perimeter: 130.68' En -or Closure: 0.002 Error North :-0.0017 Precision 1: 65,340.00 East:6,298,495.075' Length: 46.00' East: 6,298,451.321' Length: 14.01' East: 6,298,438.758' Radius: 4.50' Tangent: 11.07' Course: N4°08'40"E Course Out: N17°58'53"W East: 6,298,440.750' East: 6,298,439.361' Length: 34.93' East: 6,298,472.585' Length: 25.08' East: 6,298,495.075' Area: 779.18Sq.Ft. Course: S4°08'41"W East: -0.0001 1635 Lake San Marcos Drive 1 Suite 200 l San Marcos l CA l 92069 31045 Temecula Parkway l Suite 201 1 Temecula l CA 1 92592 760-744-0011 1 760-744-0046 fax 951-296-3407 1951-587-9451 fax Page 5 of 5 77 of 165 Aci:y3Rii'CERTIFICATE OF LIABILITY INSURANCE DATE(MMIODIYYYY) 4/14/2020 THIS CERTIFICATE IS ISSUED AS A MATTER OP INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the polIcy(Jea) must 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 Cavignac & Associates 4500 B reet, Suite 1800 San Diego CA 92101 OONTAb1' ME; Certificate Department E F a Nsri:019-234-8601 h o, Eat)' 819-744-0574 1�rx _ADDRAssl eertlicatesacevlgnac.00m INSURERS)P FORDi1G°OVERAGE RAID INSURERA I Allied World Assurance CO. 19480 INSURED PROTPRO.Ot Prates National Clty, LLC 3262 Holiday Courf, Suite 100 La Jolla, CA 92037 INSURER n ; Liberly Surplus Insurance Corp 10725 INSURER 1 inisusER0i INSURER E: INSURER P t COVERAGES CERTIFICATE NUMBER: 309502382 REVISION NUMBER: THIS IS TO CERTIFY TIIAT 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 VVHICH 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. i I,ISR LTR TYPE OF INSURANCE ADM INSD our WV0 POLICY NUMBER PDUN EFF SM6ilfDLIAWYY), POLIO E P NMI YYI = ' ........ LIMITS B X COMMERCIAL GENERAL LIABILITY Y 100033411701 1113,2020 1113f2023 EACH OCCURRENCE $ 2,000,000 CLAIMS MADE X OCCUR DAMAGE TO RENTED PREMISES (Ea aooeffel1Ce) $ MEP E?P (Any one person) $ PERSONAL & ADV INJURY $1,00o,000 OEN'LAOOREQATE LIMIT APPLIESPER; GENERAL AGGREGATE $2,000,000 POLICY X JERC I j`- I.00 PRODUCTS -, COMP/OP AGO $2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINED SINOLE= LIMIT Ma acd gnu $ ANY AUTO HODILY INJURY (Per person) $ " ALL OWNED AUTOS SCHEDULED OS BODILY INJURY (Por eccfdeni) $ HIRED AUTOS _ NON -OWNED AUTOS PROPERTY DAMAGE (Pe(accrdure) $ $ A UMBRELLA UAB I X OCCUR 03121920 1(12/2020 1/13/2023 EACH OCCURRENCE $ 10,000,000 X EXCESS `LIAR , CLAIMS -MADE AGGREGATE $10,000.000 $ DED RETENT ON $ WORN ERS 00MPENSRTIQN AND EMPLOYERS'LIADILITY STATUTE OTN- ER . ANFYIE O P nTN ECUTIVE Y! N NIA E.L. EAU! ACCIDENT $ RE (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ I(yas, describe under DESCRIPTION OF OPERATIONS below EL. DISEASE - POLICY LIMIT $ DESCRIPTION OP OPERATIONS! LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may he attached it male epee° Ie required) Additional Insured coverage applies to General Liability for the City of National City Its elected offlc(a a, officers, agents, and employees per policy form. Excess/Umbrella policy follows form over underlying policies: General Liability (additional Insured and waiver of subrogation apply). If the Insurance company elects 10 calioei or non -renew coverage for any reason other than nonpayment of premium Cavignac & Associates will provide 30 days notice of such cancellation or nonrenewal. ERTIFICATE HOLDER CANCELLATION 1 City of National City Clo Risk Manager 1243 National City Blvd National City CA 91960 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTIIOR¢EOREPRESENTATIVE eittreqmo 4. AV ACORD 26 (2014/01) 01900-2014 ACORD CORPORATION. All rights reserver!. The ACORD name and logo am registered marks of ACORD 78 of 165 Commercial General Liability LIBERTY SURPLUS INSURANCE CORPORATION (A New T-Tamp shire Stock Tn; nrance Compntiy, hereinnftef the "Company") ENDORSEMENT NO. 5 Effective Dates 01/13/2020 Policy Number: 1000334117-01 Issued To: Protea National City, LLC (8th & B Street) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED —STATE OR GOVERNMENTAL AGENCY OR SUBDIVISION OR POLITICAL SUBDIVISION — PERMITS OR AUTHORIZATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE State Or Governmental Agency Or Subdivision Or Political Subdivision: As required by written contract signed by both parties prior to any "occurrence" in which coverage is sought under this policy. City of National City its elected officials, officers, agents, and employees. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations) Section II Who Is An Insured is amended to include as an insured any state or governmental agency or subdivision or political subdivision shown In the Schedule, subject to the following provisions: 1, This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization, 2. This insurance does not apply to: a, "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or b. "Bodily injury" ox "property damage" included within the "products -completed operations hazard". CG 2012 05 09 0 Insurance Services Office, Inc., 2008 79 of 165 The following page(s) contain the backup material for Agenda Item: Warrant Register #42 for the period of 4/8/20 through 4/14/20 in the amount of $1,138,982.03. (Finance) Please scroll down to view the backup material. 80 of 165 PAYEE A REASON TO SURVIVE AT&T CHEN RYAN ASSOCIATES INC CIRCULATE SAN DIEGO CORDOVA, A COUNTY OF SAN DIEGO COX COMMUNICATIONS DIMENSION DATA D-MAX ENGINEERING INC GEOSYNTEC CONSULTANTS INC GRAINGER INNOVATIVE CONSTRUCTION IPS GROUP INC KIMLEY HORN AND KTUA LASER SAVER INC MYSTERY RANCH LTD NERI LANDSCAPE ARCHITECTURE OLIVEWOOD GARDENS AND PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RELY ENVIRONMENTAL SAN DIEGO COUNTY ASSESSOR SCST INC SORIANO, R STAPLES BUSINESS ADVANTAGE STC TRAFFIC THE COUNSELING TEAM THE SHERWIN WILLIAMS CO TOUCH SCREENS INC. U S BANK U S BANK VERIZON WIRELESS VISTA PAINT WAXIE SANITARY SUPPLY WEST COAST ARBORISTS INC WILLY'S ELECTRONIC SUPPLY AK & COMPANY CSMFO DIVISION ARCHITECT DIVISION ARCHITECT DIVISION ARCHITECT DIVISION ARCHITECT HDL COREN & CONE HEALTH NET CALIFORNIA NA.TIONAL j ?AICORPQRAT8D WARRANT REGISTER # 42 4/14/2020 DESCRIPTION BIKE CORRALS AT&T SBC ANNUAL PHONE SERVICE FOR FY20 SWEETWATER ROAD 224 SRTS REIMBURSEMENT TRAINING / NSD MAIL PROCESSING SERVICES COX DATA VIDEO SERVICES FY20 SMARTNET RENWAL SOFTWARE STORMWATER SERVICES 2019-2020 DUCK POND VARIOUS SAFETY SUPPLIES EUCLID AVE. & PED. EHNANCEMENT ENFORCEMENTS SERVICES - FEB. 2020 EL TOYON-LAS PALMAS WATERFRONT TO HOMEFRONT LASER SAVER MOP FY20 SHIFT BLACK L PARADISE CREEK PARK TUP REIMBURSEMENT / NSD MOP 45707 GENERAL SUPPLIES - PW TEMP SERVICES PARADISE CREEK PARK III MOP 45742 LAUDRY SVC / NSD HAZARDOUS MATERIALS COUNTY RECORDS / NSD PARADISE CREEK SOIL SCREENING ENV. PARKING REIMBURSEMENT / NSD COVID-19 VIDEO CONFERENCING EQUIPMENT CITYWIDE TRAFFIC SIGNAL TIMING PERSONNEL COUNSELING MOP 77816 PAINT SUPPLIES / NSD 21.5 INCH INTERACTIVE TOUCHSCREEN KIOSK US BANK CARD PAYMENT CREDIT CARD STATEMENT VERIZON CELLULAR SERVICES FOR FY20 MOP 68834 PAINT SUPPLIES / NSD COVID 19 CLEANING AND DISINFECTING ARBORIST SERVICES VIDEO CONFERENCING SUPPLIES - COVID 19 SB90 MANDATED COST CLAIM SERVICES ANNUAL MEMBERSHIP / ROBERTS / GALEANA SB1186 DISABILITY AND EDU FUND / JAN - M SB1186 DISABILITY AND EDU FUND / APR - J SB1186 DISABILITY AND EDU FUND / JUL - S SB1186 DISABILITY AND EDU FUND / OCT-DEC CONTRACT SVCS PROPERTY TAX - JAN-MAR 2020 GRP# N7177A - MAR 2020 CHK NO 347116 347117 347118 347119 347120 347121 347122 347124 347125 347126 347127 347128 347129 347130 347131 347132 347133 347134 347135 347136 347137 347138 347139 347140 347141 347142 347143 347144 347145 347146 347147 347148 347149 347150 347151 347152 347153 347154 347155 347156 347157 347158 347159 347160 347161 347162 347163 DATE 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 4/14/20 AMOUNT 2,052.70 2,286.60 88,770.95 12,141.20 204.15 2,072.03 174.00 20,230.00 46,636.92 13,433.90 6,142.80 88,139.00 3,404.36 113,043.61 6,976.25 119.52 2,565.04 6,885.00 50.00 4,281.72 2,240.00 66,277.06 102.20 3,209.06 12.00 13,922.00 51.00 109.80 311,454.02 900.00 296.48 2,598.40 362.30 52.00 6,048.04 463.52 9,170.36 16,940.00 38.57 3,500.00 220.00 948.80 222.70 144.40 105.60 2,893.04 1,860.36 1/2 81 of 165 PAYEE HEALTH NET HEALTH NET INC HEALTH NET INC HODGES, B JANI-KING OF CALIFORNIA INC KAISER FOUNDATION HEALTH PLANS LUNT, D MILE OF CARS ASSOCIATION NHA ADVISORS LLC OFFICE SOLUTIONS BUSINESS OPTUM PACIFIC REFRIGERATION INC SOCCER KIDS AMERICA STAPLES BUSINESS ADVANTAGE THE LINCOLN NATIONAL LIFE INS WIRED PAYMENTS ADMINSURE INC ARCO BUSINESS SOLUTIONS _ i CALIFORNIA +�__ NATIONAL Cfl j ?AICORPQRAT8D WARRANT REGISTER # 42 4/14/2020 DESCRIPTION GRP #N7176F - MARCH 2020 GRP# R1192A - MARCH 2020 GRP #57135M- MARCH 2020 REFUND FOR RETIREE HEALTH DEDUCTION JANITORIAL SERVICES FOR HOLLISTER GRP# 104220-7002 - FEB 2020 REIMB / CAPPO CONFERENCE / FINANCE FY20 APPORTIONMENTS #5 & #6 2019 CONTINUING DISCLOSURE & CDIAC MOP 83778. OFFICE SUPPLIES / FINANCE MONTLY SERVICE FEE OCT - DEC 2019 REPAIRS TO ICE MACHINE REFUND OF CANCELLED CLASS / CSD MOP 45704. OFFICE SUPPLIES / CSD GRP# 415491 - MARCH 2020 W/C COMP REPLENISHMENT MAR 2020 FUEL SVC FOR CITY FLEET APR-20 GRAND TOTAL CHK NO DATE AMOUNT 347164 4/14/20 1,598.46 347165 4/14/20 74,912.31 347166 4/14/20 1,252.16 347167 4/14/20 889.82 347168 4/14/20 1,313.40 347169 4/14/20 1,183.24 347170 4/14/20 170.93 347171 4/14/20 68,405.18 347172 4/14/20 4,500.00 347173 4/14/20 42.74 347174 4/14/20 45.50 347175 4/14/20 576.85 347176 4/14/20 300.00 347177 4/14/20 1,531.15 347178 4/14/20 17,617.67 AIP Total 1,038,090.87 803682 4/8/20 803685 4/8/20 63,314.05 37,577.11 $1,138,982.03 2/2 82 of 165 The following page(s) contain the backup material for Agenda Item: Warrant Register #43 for the period of 4/15/20 through 4/21/20 in the amount of $2,856,064.58. (Finance) Please scroll down to view the backup material. 83 of 165 CALIFORNIA+�__ PAYEE LINE X SAN DIEGO PROFESSIONAL SEARCH GROUP LLC ADAMOS, M ALDEMCO ALIGNMENT EXPRESS OF CA INC ALL FRESH PRODUCTS ALLSTATE SECURITY SERVICES INC AMAZON BAKER & TAYLOR BENNETT BOWEN & LIGHTHOUSE INC BROADWAY AUTO GLASS CALIFORNIA ELECTRIC SUPPLY CALIFORNIA LIBRARY ASSOCIATION CARDOZA, M CEKANDER, L CLEAN HARBORS ENVIRONMENTAL CLEAR WATER TECHNOLOGIES LLC CLF WAREHOUSE INC COUNTYWIDE MECHANICAL SYSTEMS DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL DELTA DENTAL INSURANCE CO DELTA DENTAL INSURANCE CO DISCOUNT SPECIALTY CHEMICALS DURRANT, S FACTORY MOTOR PARTS FEDEX FLEET SERVICES INC FORDYCE CONSTRUCTION INC GEOSYNTEC CONSULTANTS INC GRAINGER GRASS ROOTS PRESS HAAKER EQUIPMENT COMPANY HEALTH NET HEALTH NET HEALTH NET HEALTH NET HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HEALTH NET INC HOME DEPOT CREDIT SERVICES HUB CONSTRUCTION INNOVATIVE CONSTRUCTION NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 43 4/21/2020 DESCRIPTION PAINT / PW TEMPORARY SVC / NSD TRAINING / PD FOOD / NUTRITION HYDRAUDLIC OIL CONSUMABLES NUTRITION ALLSTATE SECURITY GUARD SERVICE AMAZON OFFICE SUPPLIES / LIBRARY BOOKS AS NEEDED FOR FY20 REVERSABLE JACKET MULTIPLE SIZES OFFSITE WINDOW TINT & REPAIRS MOP 45698 ELECTRIC SUPPLIES - PW CLA INSTITUTIONAL MEMBERSHIP RENEWAL TRAINING REIM CRIA CARDOZA TRAINING REIM GEO PROFLNG CEKANDER CONTRACT SERVICES WATER TREATMENT SERVICE AGREEMENT MOP 80331. SUPPLIES FOR EQUIPMENT CITYWIDE ON -SITE HVAC SERVICES DENTAL INS PREMIER 05-0908600000 - MARCH DENTAL PREMIER 05-0908600000 - APR 2020 GRP# 05-0908601002 - APRIL 2020 GRP# 05-0908601002 - MARCH 2020 GRP# 05-7029600000 - MARCH 2020 GRP# 05-7029600000 - APRIL 2020 COVID 19 CLEANING SUPPLIES TRAINING REIM PARKING CONFLI DURRANT MOP 82766 GENERAL AUTO SUPPLIES - PW LHR MICROFILM SHIPMENT TO UC RIVERSIDE ROTOR / PW INV 19064-3R / 1430 HOOVER AVE WAREHOUSE A NEEDED SERVICES CARPETED ENTRANCE MAT WORKBOOKS FOR TUTORS AND LEARNERS 24' POLE SET / PW GRP# N7177A - APRIL 2020 GRP# N71776F - APRIL 2020 GRP# R1192R - MARCH 2020 GRP# R1192R - APRIL 2020 GRP# R1192A - APRIL 2020 GRP# KB439A - MARCH 2020 GRP# 57135A - MARCH 2020 GRP# LB439-A - APRIL 2020 GROUP# 57135M - APRIL 2020 GENERAL SUPPLIES FOR FY20 ARMOR DOT IND GRADE EUCLID AVE BICYCLE & PED. EHN. CHK NO 347179 347180 347181 347182 347183 347184 347185 347186 347187 347188 347189 347190 347191 347192 347193 347194 347195 347196 347197 347198 347199 347200 347201 347202 347203 347204 347205 347206 347207 347208 347209 347210 347211 347212 347213 347214 347215 347216 347217 347218 347219 347220 347221 347222 347223 347224 347225 DATE 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 4/21/20 AMOUNT 5,013.75 960.00 9.10 1,990.29 4,205.77 1,329.38 1,259.38 49.18 933.88 557.01 856.49 484.48 600.00 6.69 308.61 466.37 3,095.00 331.53 2,522.35 14,638.77 14,481.05 416.11 416.11 2,432.10 2,421.54 835.75 10.00 302.52 143.82 1,141.88 9,912.36 31,648.02 1,224.20 470.74 940.19 1,860.36 1,598.46 832.36 832.36 79,767.72 3,570.90 2,504.29 1,785.45 1,252.16 987.19 273.93 57,606.50 1/3 84 of 165 CALIFORNIAF__ PAYEE KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS KAISER FOUNDATION HEALTH PLANS LEXIA LEARNING SYSTEMS LLC MAINTEX INC MARIOTA, R MIDWEST TAPE NATIONAL CITY ELECTRIC NGUYEN, L NV5 INC NV5 INC OLIVER PRODUCTS PARTS AUTHORITY METRO LLC PORTILLO CONCRETE INC PROFESSIONAL SEARCH GROUP LLC PROJECT PROFESSIONALS CORP PRUDENTIAL OVERALL SUPPLY RED TRUCK FIRE & SAFETY CO RELIANCE STANDARD RIO HONDO COLLEGE S & S WELDING SAN DIEGO GAS & ELECTRIC SAN DIEGO MIRAMAR COLLEGE SCST INC SDG&E SEAPORT MEAT COMPANY SHANAHAN, M SIRSIDYNIX 774271 SITEONE LANDSCAPE SUPPLY LLC STAPLES BUSINESS ADVANTAGE STATE CONTROLLER SULLIVAN, C SWEETWATER AUTHORITY SYSCO SAN DIEGO INC TERMINIX INTERNATIONAL TODD PIPE & SUPPLY LLC UNDERGROUND SERVICE ALERT UNITED ROTARY BRUSH CORP VISION SERVICE PLAN VISION SERVICE PLAN WAXIE SANITARY SUPPLY WHITAKER BROTHERS YBARRA, A NATIONAL CI?? ?ATCORPQRAT813 . WARRANT REGISTER # 43 4/21/2020 DESCRIPTION GRP# 104220-0002 - MARCH 2020 GRP# 104220-01, 06, 07 - MARCH 2020 GRP# 104220-03, 09 - MARCH 2020 GRP# 104220-03, 09 / MARCH 2020 GRP# 104220-03, 09 - APRIL 2020 GROUP# 104220-05 / MARCH 2020 GRP# 104220-7002 - MARCH 2020 DATABASE SUBSRIPTION RENEWAL CITYWIDE JANITORIAL SUPPLIES & PARTS TRAINING REIM SWAT TEAM LDR MARIOTA AUDIOVISUAL MATERIALS FOR FY20 CITYWIDE ON -SITE ELECTRICAL TRAINING RIEMB ARRESTCNTRL NGUYEN LAS PALMAS POOL ELECTRICAL SYS. HARDING AVE/W. 21 ST ST. CONSUMABLES NUTRITION MOP 75943 GENERAL AUTO SUPPLIES - PW EUCLID AVENUE BICYCLE & PED. PSG TEMPORARY PLACEMENT ADMIN SECRETARY PARADISE CREEK PARK 111 MOP 45742 LAUNDRY SERVICES - PW CITYWIDE, ON -SITE FIRE EXTINGUISHER GRP VA1826233-VC1801146,VG180848 / MARCH TRAINING TUITION FTO CAMCHO 3 X 3 ANGLE IRON FOR STORM DRAIN PLATES SAN DIEGOS GAS & ELECTRIC TRAINING TUITION ROT STANICH CITYWIDE TRAFFIC SIGNAL GAS AND ELECTRIC UTILITIES / NUTRITION FOOD NUTRITION TRAINING REIMBUR OIS SHANAHAN HORIZON AUTOMATION SYSTEM SERVICE MOP 69277 LANDSCAPE SUPPLIES - PW MOP 45704 OFFICE SUPPLIES - PW ANNUAL STREET REPORT FY 18-19 TRAINING REIM MANG ABC SULLIVAN WATER BILL FOR PARKS DIVISION FY 2020 FOOD / NUTRITION CITY OWNED FACILITIES ONGOING PEST CITYWIDE PLUMBING MATERIALS & PARTS UNDERGROUND SERVICE ALERT FY 2020 STREET SWEEPER REPAIRS AND MAINTENANCE VISION SERVICE PLAN - MAR 2020 VISION SERVICE PLAN - APRIL 2020 MISCELLANEOUS JANITORIAL SUPPLIES RIBBON 5650 PURPLE TRAINING REIM MANG YBARRA CHK NO DATE AMOUNT 347226 4/21/20 188,798.76 347227 4/21/20 20,688.34 347228 4/21/20 7,687.10 347229 4/21/20 6,797.28 347230 4/21/20 6,797.28 347231 4/21/20 5,830.46 347232 4/21/20 1,183.24 347233 4/21/20 400.00 347234 4/21/20 399.25 347235 4/21/20 105.55 347236 4/21/20 219.85 347237 4/21/20 400.00 347238 4/21/20 642.03 347239 4/21/20 38,388.08 347240 4/21/20 1,765.00 347241 4/21/20 2,053.03 347242 4/21/20 452.40 347243 4/21/20 157,938.52 347244 4/21/20 2,970.00 347245 4/21/20 75,147.74 347246 4/21/20 566.28 347247 4/21/20 76.25 347248 4/21/20 277.77 347249 4/21/20 38.00 347250 4/21/20 135.94 347251 4/21/20 1,851.48 347252 4/21/20 23.00 347253 4/21/20 1,844.00 347254 4/21/20 351.83 347255 4/21/20 1,008.33 347256 4/21/20 191.58 347257 4/21/20 19,614.53 347258 4/21/20 450.53 347259 4/21/20 583.74 347260 4/21/20 3,231.03 347261 4/21/20 930.90 347262 4/21/20 187.96 347263 4/21/20 3,307.02 347264 4/21/20 2,120.00 347265 4/21/20 3,767.26 347266 4/21/20 252.55 347267 4/21/20 1,225.16 347268 4/21/20 966.56 347269 4/21/20 847.30 347270 4/21/20 962.31 347271 4/21/20 53.57 347272 4/21/20 314.48 2/3 85 of 165 \ I CALIFORNIA�__ PAYEE PAYROLL Pay period 7 Start Date 3/24/2020 , �1�1VJl.�1 �.y�'�L INCORPORATED WARRANT REGISTER # 43 4/21/2020 DESCRIPTION End Date 4/6/2020 Check Date 4/15/2020 CHK NO DATE AMOUNT A/P Total 823,129.37 1,038,052.21 GRAND TOTAL $ 2,856,064.58 3/3 86 of 165 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City confirming the costs of Weed Abatement and Approving the report and account for such, after having considered any objections or protests; pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards). (Fire) Please scroll down to view the backup material. 87 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Adoption of a Resolution of the City Council of the City of National City confirming the costs of Weed Abatement and Approving the report and account for such, after having considered any objections or protests; pursuant to National City Municipal Code Chapters 1.36 (Abatement of Public Nuisances) and 9.12 (Abatement of Weeds and other Fire Hazards). (Fire) PREPARED BY: Robert Drew/Deputy Fire Marshal DEPARTMENT: Fire PHONE: 336-4558 APPROVED BY: EXPLANATION: In accordance with National City Municipal Code (NCMC), 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 hearing shall be served in the same manner 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 persons. 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: 177 ACCOUNT NO. 001-12124-3561 $23,543.84 Finance 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: N/A 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. MS OT 1 bb City of National City Weed Abatement Program 2020/2021 Fixed Charge Special Assessments Parcel Assmed Amt Site Address Owner Mail Address City St Zip 554 041 08 00 $888.26 1459 E lst St Chavez -Vasquez German 591 Telegraph Canyon Rd #367 Chula Vista CA 91910 556 332 04 00 $899.08 629 A Ave 629 A Avenue Trust 4420 Rainier Ave #303 San Diego CA 92120 557 092 05 00 $1,023.81 1338-1340 E 6th St Deanda Christian 1338 E 6th St National City CA 91950 557 102 28 00 $895.36 8th St Agpaoa Florino P & Corazon R Trust 1442 Highland Ave National City CA 91950 557 220 63 00 $883.46 915 Paradise Knoll Ct Garcia Bernard P 915 Paradise Knoll Ct National City CA 91950 557 280 08 00 $883.46 2016 E 10th St Strapp William 2016 E 10th St National City CA 91950 557 280 09 00 $881.86 2044 E 10th St Asone Properties Lp;Mark Mendez Mireya 710 Edgewater Dr #E Chula Vista CA 91913 557 380 40 00 $871.98 2240 E Plaza Blvd Grove Plaza 6480 Weathers PI #225 San Diego CA 92121 557 430 30 00 $877.18 1430 Sheryl Ln Elite Visions Holding Inc 660 Van Houten Ave El Cajon CA 92020 557 430 41 00 $877.18 1420 Sheryl Ln Samex Properties L L C 5721 Meadows Del Mar San Diego CA 92130 558 153 22 00 $1,200.54 Palmer St Vargas Living Trust 36 Broadway Chula Vista CA 91910 558 220 35 00 $2,079.80 3040 E 16th St Brown Clara M 10037 Dunbar Ln El Cajon CA 92021 558 320 22 00 $2,964.08 2112 Rachael Ave Casillas Jose D Castillas Estella V 1298 Fools Gold Way #1 Chula Vista CA 91913 559 101 07 00 $883.46 1818 Wilson Ave Yanez Luis A 1818 Wilson Ave National City CA 91950 560 064 06 00 $874.52 National City Blvd Library Village South Inc 9945 Hibert St #210 San Diego CA 92131 561 202 02 00 $1,131.58 1905 K Ave William Richard C Jr & Curtis Diana L 1905 K Ave National City CA 91950 562 180 31 00 $3,521.92 101 E 30th St #A-D Analog Properties LLC 3693 Columbia St San Diego CA 92103 564 010 55 00 $1,906.31 2547 Fenton PI Ruvalcaba Carlos & Lilian 136 Glenhaven Way Chula Vista CA 91911 Total Parcels: 18 Total Assess: $23,543.84 89 of 165 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. (Planning) Please scroll down to view the backup material. 90 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: Public Hearing and adoption of a Resolution of the City Council of the City of National City confirming the assessment and ordering the levy for Landscape Maintenance District No. 1 (Mile of Cars) for Fiscal Year 2020/21. PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Plan n - g Di ion PHONE: 619-336-4421 APPROVED BY: Armando Ve _.: a, Director Community Development 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 a resolution to allow the District to continue operating with funding through a special tax levy on properties within the District. The resolution would confirm the assessment and order the levy on behalf of the District for Fiscal Year 2020/21 based on the Engineer's Report that 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 $155,463.48 is an increase of approximately 2.8 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 activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION FINAL ADOPTION Not applicable. STAFF RECOMMENDATION: Conduct the public hearing and adopt the resolution confirming the assessment and ordering the levy. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Engineer's Report. 2. Resolution. 91 of 165 CITY OF NATIONAL CITY Fiscal Year 2020/21 Engineer's Report For: Landscape Maintenance District No. 1 (Mile of Cars) April 2020 Prepared by: MNBS helping communities fund tomorrow ATTACHMENT 1 nbsgov.com 1 Corporate Headquarters 32605 Temecula Parkway, Suite 100 Temecula, CA 92592 Toll free. 8 92 of 165 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 Alejandra Sotelo-Solis, Mayor Mona Rios, Vice Mayor Jerry Cano, Councilmember Gonzalo Quintero, Councilmember Ron Morrison, Councilmember CITY STAFF Brad Raulston, City Manager Tony Winney, Deputy City Manager Raymond Pe, Principal Planner DISTRICT STAFF Leslie Larranaga-Britt, Executive Director NBS Pablo Perez, Project Director Adina McCargo, Project Manager John Egan, Assessment Engineer 2 93 of 165 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 4 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 3 94 of 165 1. ENGINEER'S LETTER WHEREAS, the City Council of the City of National City (the "City"), State of California, directed N BS 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 2020/21. 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 Xlll D of the California Constitution. The Fiscal Year 2020/21 assessment is not proposed to increase by more than the 10% annual increase approved at formation of the District over the Fiscal Year 2019/20 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 2020/21 Amounts Annual Budget $169,665.40 (Less) General Benefit Contribution by the City (14,201.92) Annual Assessmentm $155,463.48 a) Amount shown is prior to truncating and rounding, Refer to Assessment Roll in Section 5.3 for final total figure. 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. Pry Assessment Engineer NBSCity of National City Landscape Maintenance District No. 1(Mile of Cars) 4 95 of 165 2. OVERVIEW 2.1 Introduction The City formed the District in 1995 to provide maintenance services to benefit certain parcels in the City. 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 2020/21, 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 2020/21. 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 2020/21. 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 M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 5 96 of 165 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 M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 6 97 of 165 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 2020/21 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 obligationsili C. Engineering D City expenses E. Consultant fees F. County collection fees Total Incidentals: $0.00 21,863.06 7,500.00 13,836.67 20,000.00 3,046.11 15,000.00 250.00 250.00 $81,745.84 $3,750.00 4,950.00 0.00 2,750.00 250.00 2.30 $11,702.30 $42,678.29 0.00 7,500.00 13,836.67 0.00 0.00 0.00 250.00 250.00 $64,514.96 $3,750.00 4,950.00 0.00 2,750.00 250.00 2.30 $11,702.30 $42,678.29 21,863.06 $15,000.00 27,673.34 20,000.00 3,046.11 15,000.00 500.00 500.00 $146,260.80 $7,500.00 9,900.00 0.00 5,500.00 500.00 4.60 $23,404.60 Total Estimated Annual Cost: $93,448.14 $76,217.26 $169,665.40 (Less) General Benefit Contribution&2 : ($7,937.52) ($6,264.40) ($14,201.92) TOTAL ANNUAL ASSESSMENT(3): $85,510.62 $69,952.86 $155,463.48 (1) (2) (3) Includes legal, accounting and advertising. General benefit contribution will be funded from other sources and is not being paid from annual assessments. Amounts shown are prior to truncating and rounding. Refer to Assessment Roll in Section 5.3 for final total figure. 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. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 7 98 of 165 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 Reserve Collection/Reduction Reserve Balance Projection 12/31/2019 forFY 2020/21 6/30/2021 $93,782.00 $500.00 $94,282.00 M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 8 99 of 165 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. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 9 100 of 165 FTLEO IN THE OFFICE OF THE CITY CLERK OF THE CITY OF NATIONAL CITY THIS DAY OF 1996. CITY CLERK CITY OF NATIONAL aiY STATE or CALIFORNIA RECORDED IN THE OFFICE OF THE SUPFRMT04DEf4T OF STREETS OF THE CITY OF NATIONAL CITY THIS DAY OF 199S. SUPERNTENDENT OF STREETS CITY OF NATIONAL CITY STATE OF CALIFORNIA AN ASSESSMENT WAS LEVIED BY THE CITY COUNCIL ON THE LOTS. PIECES, AN0 PARCELS OF LAND SHOWN ON 11R5 ASSESSMENT DIAGRAM. SAKI ASSESSMENT WAS LEVIED ON TNE_OAY OF . 1996; SAID ASSESSMENT DIAGRAM AND THE ASSESSMENT ROLL WERE RU4.4411U IN THE OFFICE OF THE SUPERRNTENOENT Of STREETS OF SAID CITY DOME DAY OF T995. REt15o NCE 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 QN THIS A«Ec'SMENT DIAGRAM. CRY CLERK CRY OF HA710NAL CITY STATE OF CALIFORNIA FILED THIS DAY OF , 1996, AT TM HOLM OF O'CLOCK _ .M. N BOOK OF MAPS OF ASSESSMENT AND COIRMMUNITY FACRJTIES DISTRICTS IN THE OFFICE OF THE COUNTY Rtc,U0WER OF THE COUNTY OF SAN DECO, CAUF'ORNIA c0Ik+TY RECORDER 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 CALIFORNIA NATIONAL 291' 560-200033-0.3 LJ CITY BOULEVARD 160' 560-204-04 14o' 560-204-02 O 0 560-251-0B 270 550-271-14 95' 0 75' 0 50' SHEET' 1 OF 3 SHEETS 560-271-1E 100' 140' 550-393-D3 42 460' 560-393-04 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 100 0 100 200 mommiew EXTERIOR BOUNDARY OF OISTFRCT 300 400 Jl TRFPRONTAGE OF EACH PARCEL IS BASED UPON NERRENT COUNTY ASSESSOR'S MAPS AND SHOWN HEREON TO THE NEAREST FOOT. REFER TO ASSESSOR'S PARCEL MAPS FOR PROPERTY OIMEHSIONS NOT SHOWN. NASLAND ENGINEERING 011L 6F 4REERN0 • 61.111PEYNG • 0511D PUNNING 1140 Renner 31rs•1, 3nw DIK0, CnIfenM,, W.111 • e1t-202—'R'10 NOTE: ORIGINIRL SHEET SIZE 18' x 26' N.E. JoB No 101 of 165 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY COUNTY OF SAN DIEGO STATE OF CALJFOFINIA 560-330-03 591' NATIONAL CITY BOULEVARD 291' 562-340-49 300' 562-340-50 0 502-031-14 160' 567-031-13 110' 290' 562-340-69 03 562-340-70 CATION 562-090-06 270' NATIONAL CRY SHEET 2 OF 3 SHEETS 562-100-14 13S' 562-100-13 135' BOULEVARD 164' 562-340-47 436' 562-340-48 100 EXTERIOR BOUNDARY OF D'S TROT REVISED 8-1-96 FIEVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 100 200 200 400 1' 1FrFR0Nt£CE OF EACH PARCEL IS BASCO UPON CURRENT COUNTY ASSESSOR'S MAPS IRO 910YM PPRCE1. NON APS TO ET tOOT. REFER TO ry OIMENS005 N5 NOT 11N. NASLAND ENGINEERING SI76. 12401116C410 . 5t1R5CTPoG • 1AN0 PIA/141NC 4740 Ruffner 41...t San d.4a. GR9arM.. 92111 • 611-292-7770 NOTE: ORIO1NAL 1SHEET SIZE 18' x 26' N.E. JOB No. it 102 of 165 300' 562-340-09 209' 562-150-13 AMENDED ASSESSMENT DIAGRAM OF LANDSCAPE MAINTENANCE DISTRICT NO. 1 (MILE OF CARS) CITY OF NATIONAL CITY TRANSPORTATION AVENUE COUNTY OF SAN DIEGO STATE OF CALIFORNIA NATIONAL C BOULEVARD 230' 562-220-13 100 562-321-06 148' EXTERIOR BOUNDARY Cr DISTRICT THE 4RONTACE Cr EACH PARCEL IS BASED UPON CURRENT COMITY ASSESSOR'S NAPS ANO SHOWN HEREON 10 THE NEWEST FOOT. REFER TO ASSESSOR'S PARCEL YAPS FOR PROPERTY ORTEH90NS NOT SHOWN A IDD ZOO XIS 400 mmomIldis NASLAND ENGINEERING 6 SHEET 3 OF 3 REVISED 8-1-96 REVISED 6-11-97 REVISED 6-19-02 REVISED 6-09-03 REVISED 5-26-04 '' CIYII. ENGINEERING - SURVEYING . LAND KAMM ° OIV Rohe.. ]oat. S. dqe. c.Rr.... Gail •11➢-Yo2-YTl0 I NOTE= ORIGINAL SHCG SIZE 18' x 26' N.E. JOB Nc 103 of 165 5. ASSESSMENTS The actual assessments for Fiscal Year 2020/21, 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. The figures in section 5.1 are derived from a Special v. General Benefit Analysis performed in Fiscal Year 2013/14. 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 the City's marketing and development potential and in identifying development strategies that are beneficial to the public and private sectors. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 13 104 of 165 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, 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 the 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. 5.1.2 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. M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 14 105 of 165 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. 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. 5.1.3 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. A Special v. General Benefit Analysis was performed in Fiscal Year 2013/14 to quantify said general benefits. 5.1.4 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 M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 15 106 of 165 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. 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. Pursuant to the Special v. General Benefit Analysis performed in Fiscal Year 2013/14, 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. 5.1.5 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 performed 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 original 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 M N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 16 107 of 165 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 to 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 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: 5.1.6 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. 5.1.7 FRONTAGE IMPROVEMENTS 1. 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. 2. 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. 3. 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. N BS City of National City Landscape Maintenance District No. 1 (Mile of Cars) 17 108 of 165 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) Total Actual Rate Per Frontage Foot(1) Actual Percentage Increase 1996/97 N/A $3.29 $6.43 $9.72 $9.72 N/A 1997/98 10% 3.62 7.07 10.69 10.69 9.98% 1998/99 10% 3.98 7.78 11.76 11.09 3.74% 1999/00 10% 4.38 8.56 12.94 11.07 -0.18% 2000/01 10% 4.82 9.41 14.23 11.51 3.97% 2001/02 10% 5.30 10.35 15.66 10.52 -8.60% 2002/03 10% 5.83 11.39 17.22 11.03 4.85% 2003/04 10% 6.41 12.53 18.95 11.25 1.99% 2004/05 10% 7.05 13.78 20.84 11.56 2.76% 2005/06 10% 7.76 15.16 22.93 11.68 1.04% 2006/07 10% 8.54 16.68 25.22 12.37 5.91% 2007/08 10% 9.39 18.35 27.74 13.72 10.91% 2008/09 10% 10.33 20.18 30.52 14.79 7.80% 2009/10 10% 11.36 22.20 33.57 16.19 9.47% 2010/11 10% 12.50 24.42 36.93 16.87 4.20% 2011/12 10% 13.75 26.86 40.62 15.75 -6.64% 2012/13 10% 15.12 29.55 44.68 15.80 0.32% 2013/14 10% 16.64 32.51 49.15 15.49 -1.96% 2014/15 10% 18.30 35.76 54.07 15.15 -2.19% 2015/16 10% 20.13 39.33 59.46 15.11 -0.26% 2016/17 10% 22.15 43.27 65.42 15.86 4.96% 2017/18 10% 24.36 47.60 71.96 15.69 -1.07% 2018/19 10% 26.80 52.36 79.16 16.38 4.40% 2019/20 10% 29.48 57.59 87.07 16.77 2.38% 2020/21 10% 32.43 63.35 95.78 17.24 2.80% (1) Rates are truncated. 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 2020/21 is $17.24, which represents a 2.80% increase from Fiscal Year 2019/20. 5.3 Assessment Roll The proposed Fiscal Year 2020/21 District assessment roll is listed on the following page. NIBSCity of National City Landscape Maintenance District No. 1 (Mile of Cars) 18 109 of 165 City of National City Landscape Maintenance District No. 1 (Mile of Cars) Assessment Roll Fiscal Year 2020/21 APN Owner Frontage (Feet) Levy Misc. Adjustments Total 560-203-03-00 FUENTES FRANK SEPARATE PROPERTY TRUST 08-13-96 291 $5,015.65 (0.01) $5,015.64 560-204-02-00 CAPPS DIANE L & BALL 1998 TRUST 140 2,413.03 (0.01) 2,413.02 560-204-04-00 BALL JOHN D II 190 3,274.82 0.00 3,274.82 560-210-01-00 HATTON RONNIE & HATTON PAM 125 2,154.49 (0.01) 2,154.48 560-210-04-00 LTC PROPERTIES LLC 165 2,843.92 0.00 2,843.92 560-210-40-00 BALL JOHN D & BALL 1998 TRUST 211 3,636.78 0.00 3,636.78 560-210-41-00 BALL JOHN D & BALL 1998 TRUST 50 861.79 (0.01) 861.78 560-210-42-00 LTC PROPERTIES LLC 30 517.07 (0.01) 517.06 560-261-08-00 BALL JOHN D & BALL 1998 TRUST 270 4,653.70 0.00 4,653.70 560-271-07-00 BALL JOHN D & BALL 1998 TRUST 75 1,292.69 (0.01) 1,292.68 560-271-09-00 BALL AUTOMOTIVE GROUP & FIRST AMERICAN TRUST FSB TR 50 861.79 (0.01) 861.78 560-271-14-00 BALL JOHN D & BALL 1998 TRUST 95 1,637.41 (0.01) 1,637.40 560-271-15-00 BALL JOHN D & BALL 1998 TRUST 100 1,723.59 (0.01) 1,723.58 560-330-03-00 SKRBLP 591 10,186.43 (0.01) 10,186.42 560-393-03-00 PNJ PROPERTIES LLC 140 2,413.03 (0.01) 2,413.02 560-393-04-00 FALK PROPERTIES NC LLC 480 8,273.24 0.00 8,273.24 562-021-01-00 POLAKOFF GARY & DIANE 2401 TRUST 100 1,723.59 (0.01) 1,723.58 562-021-07-00 DIAZ LUIS J & MARIA G 2004 FAMILY TRUST 01-28-04 160 2,757.74 0.00 2,757.74 562-031-13-00 BALL JOHN II 110 1,895.95 (0.01) 1,895.94 562-031-14-00 BALL JOHN II 160 2,757.74 0.00 2,757.74 562-090-06-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 270 4,653.70 0.00 4,653.70 562-100-13-00 BALL JOHN II 135 2,326.85 (0.01) 2,326.84 562-100-14-00 WEBSTER GEORGE H SECOND LIVING NON -MARITAL TRUST 135 2,326.85 (0.01) 2,326.84 562-150-13-00 GEN3 PROPERTIES ONE LLC 209 3,602.31 (0.01) 3,602.30 562-160-07-00 GEN3 PROPERTIES TWO LLC 300 5,170.78 0.00 5,170.78 562-180-32-00 GEN3 PROPERTIES TWO LLC 82 1,413.34 0.00 1,413.34 562-180-33-00 GEN3 PROPERTIES TWO LLC 127 2,188.96 0.00 2,188.96 562-220-11-00 MAG 100 30TH STREET LLC 100 943.30 0.00 943.30 562-220-13-00 MCCUNE MOTORS & MCCREDIE TOD C TRUST 03-28-96 (55%) 230 3,964.26 0.00 3,964.26 562-220-31-00 MCCUNE MOTORS & MCCREDIE TOD C TRUST 03-28-96 (55%) 155 2,671.57 (0.01) 2,671.56 562-220-32-00 FRANK REAL PROPERTIES II LP 314 5,412.08 0.00 5,412.08 562-251-37-00 CV VENTURES LLC 202 3,481.65 (0.01) 3,481.64 562-251-38-00 CV VENTURES LLC 167 2,878.40 0.00 2,878.40 562-252-16-00 ERM FAMILY TRUST 11-19-91 & ERM RUDY JR SEPARATE PROPERTY TRUST 05-17-19 330 5,687.85 (0.01) 5,687.84 562-321-07-00 SOC PROPERTIES LLC 182 3,136.94 0.00 3,136.94 562-321-08-00 CITY OF NATIONAL CITY 148 2,550.91 (0.01) 2,550.90 562-330-43-00 54/NATIONAL SELF STORAGE LLC 40 689.43 (0.01) 689.42 562-330-47-00 NATIONAL CITY BLVD STORAGE LLC 192 3,309.29 (0.01) 3,309.28 562-330-48-00 NATIONAL CITY BLVD STORAGE LLC 133 2,292.37 (0.01) 2,292.36 562-340-09-00 WESTCOTT REVOCABLE TRUST 10-28-14 & PARADISE DEBRA 1 300 5,170.78 0.00 5,170.78 562-340-47-00 MOSSY IMPORTS LLC 164 2,826.69 (0.01) 2,826.68 562-340-48-00 MOSSY IMPORTS LLC 436 7,514.86 0.00 7,514.86 562-340-49-00 ESCONDIDO DEVELOPMENT PROPERTIES LLC 291 5,015.65 (0.01) 5,015.64 562-340-50-00 PERRY MOTORS/PROPERTIES OF NATIONAL CITY LLC 300 5,170.78 0.00 5,170.78 562-340-69-00 FRANK REAL PROPERTIES ILP 290 4,998.42 0.00 4,998.42 562-340-70-00 FRANK REAL PROPERTIES ILP 300 5,170.78 0.00 5,170.78 Total 46 Accounts 9,065 $155,463.25 ($0.25) $155,463.00 19 110 of 165 The following page(s) contain the backup material for Agenda Item: Public Hearing and Adoption of a Resolution of the City Council of the City of National City accepting the National City 2020/2021 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2020-21 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. (Engineering/Public Works) Please scroll down to view the backup material. 111 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: A Public Hearing and Adoption of a Resolution of the City Council of the City of National City accepting the National City 2020/2021 Tax Roll Sewer Service Fees report, which identifies by parcel number, each parcel of real property receiving sewer services and the amount of sewer charges for each parcel for FY 2020-21 as required by the California Health and Safety Code Section 5473, Et Seq., pertaining to collection of sewer charges on the tax roll, directing the City Clerk to file the report with the San Diego County Auditor, and directing the City Engineer to file a certification of the sewer service charges with the San Diego County Auditor. PREPARED BY: Carla Hutchinson, Assistant Engineer - Civil DEPARTMENT: En• ;-rirp• and Public Works PHONE: 619-336-4388 EXPLANATION: See attached explanation. FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION APPROVED: FINANCE APPROVED: MIS FINAL ADOPTION STAFF RECOMMENDATION: Hold public hearing and adopt Resolution to accept the National City 2020/2021 Tax Roll Sewer Service Fees report. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Report — National City 2020/2021 Tax Roll Sewer Service Fees by Parcel Number for FY 2020-21 (on file at Office of the City Clerk Office) 3. Resolution 112 of 165 Explanation: The City of National City provides sewer services to about 9,000 customers. A Public Hearing is required annually for the preparation and approval of the sewer tax roll. Sewer service charges are collected annually concurrently with property taxes. Collecting sewer service charges through the tax roll avoids a separate and costly billing process. The charges described in this report have been previously approved by the City Council. This is a request to conduct a Public Hearing on the National City tax roll report, and to subsequently adopt a resolution approving collection of sewer service charges on the tax roll, as authorized by the Uniform Sewer Ordinance and County Water Service Ordinance. The Public Hearing is to consider adoption of the report, which identifies by parcel number, each parcel of real property receiving sewer services, and the amount of sewer charges for each parcel for FY 2020-21 as required by the California Health and Safety Code Section 5473, et seq., pertaining to collection of sewer charges on the tax roll. Said report is on file with the Office of the City Clerk. The Notice of Public Hearing was published by the City Clerk's Office in accordance with Government Code Section 66017, on the dates of May 15, 2020 and May 22, 2020. Pursuant to Ordinance No. 2017-2442, adopted by City Council on December 5, 2017, the City Council adopted a five-year sewer service fee rate adjustment schedule commensurate with projected Regional Wastewater treatment increases, and elected to have sewer service charges collected on the tax roll, as provided by California Health and Safety Code Section 5473 et seq. The City of National City sewer services fees for residential customers are monthly flat rates based on water consumption for domestic users. For commercial and industrial customers, the charges are variable and based on annual water consumption and the strength of the sewage they generate (low, medium or high). The following table summarizes the five-year rate plan adopted by City Council on December 5, 2017. 113 of 165 National City Sewer Services Rates for FY 19-23 Residential Flat Rates (per month) Single Family Residence Multi -Family Residence Mobile Homes Commercial Variables Rates (per HCF) FY 2019 FY2020 FY 2021 . FY 2022 FY 2023 Monthly Monthly Monthly Monthly Monthly $ 35.23 $ 38.68 $ 42.47 $ 46.61 $ 51.18 $ 27.48 $ 30.17 $ 33.13 $ 36.36 $ 39.92 $ 21.49 $ 23.60 $ 25,91 $ 28.43 $ 31.22 Suspended Suspended Solids/ROD Solids/BOD Strength Category Strength FY 2019 FY2020 FY 2021 FY 2022 FY2023 Commercial - Low < 200 PPM $ 3.61 $ 3.97 $ 4.35 $ 4.78 $ 5.25 Commercial - Medium 201 to 280 Low PPM $ 3.89 $ 4.33 $ 4.73 $ 5.13 $ 5.66 281 to 420 Commercial - Medium PPM $ 4.69 $ 5.37 $ 5.76 $ 6.13 $ 6.80 Commercial - Medium 421 to 600 High PPM $ 5.48 $ 6.40 $ 6.80 $ 7.12 $ 7.95 Commercial - High > 600 PPM $ 6.82 $ 8.14 $ 8.55 $ 8.79 $ 9.88 114 of 165 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 2021. (Finance) Please scroll down to view the backup material. 115 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2021. PREPARED BY: Paul Valadez, Budget Manager PHONE: 619-336-4332 EXPLANATION: See attached staff report. DEPARTMENT: Finance����— APPROVED BY: L1i4/R44 ,�G.r..�tiv FINANCIAL STATEMENT: ACCOUNT NO. See attached staff report. APPROVED: ` `l/I, 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 2021 Proposed Budget, as presented. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Staff Report 2. City of National City Fiscal Year 2021 Proposed Budget 3. Resolution 116 of 165 CALIFORNIA --rt NATIONAL GET 'NCORPORATEI City Council Staff Report June 2, 2020 ITEM Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2021. BACKGROUND After a series of internal staff meetings and a City Council workshop, staff presents for adoption the Fiscal Year 2021 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 2021 capital budget began in November 2019 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 2019 with direction to City departments to review their current fiscal year budgets and expenditures and to submit appropriation requests by early February 2020. Subsequently the City Manager, Assistant City Manager and Finance staff met with representatives from each department to review operating budget requests and to finalize the preliminary budget. While the process described above is generally the same as in previous years, it became more complicated because it was during this time that the COVID 19 pandemic emerged, creating both a medical and financial crisis around the world. FISCAL YEAR BUDGET A workshop to present the preliminary budget was held on April 28, 2020 that focused on the City's fiscal and budgetary health as a result of the COVID 19 pandemic and the actions taken by State and local officials deemed necessary to curb its spread. The City Manager described going from a "pre -crisis" outlook of a strong economy and revenue growth that were expected to help address the City's budget, pension and capital needs to a "mid -crisis" situation of uncertainty and anticipated significant revenue losses in both the current and upcoming fiscal year. He recommended taking a two-year budget approach to this unprecedented situation that takes into account the best available data regarding relief and recovery, avoids hasty cuts to core services that would have long term repercussions, but implements some short term measures followed by developing longer -term contingency plans as more information becomes available. In the short term there will be tighter controls on discretionary spending, some positions will be frozen and spending on certain capital projects and new vehicles will be deferred. The City Council accepted the City Manager's recommendation to defer $2.5 million in needed repairs on the municipal pool and keep it closed for fiscal year 2021 (a savings of $370,000), defer $200,000 in drainage improvements, defer the acquisition of certain vehicles (a savings of $94,000), and to not implement a paid internship/fellowship program. 117 of 165 Page 2 Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2021. June 2, 2020 Having incorporated the Council -authorized changes to the Preliminary Budget, as well as adjustments, corrections, and other refinements deemed necessary (see table below for changes), staff now presents the City of National City's Fiscal Year 2021 Proposed Budget for adoption. The proposed budget estimates General Fund revenues and transfers -in totaling $X and recommends General Fund expenditures and transfers out totaling $X. The proposed budget estimates overall revenues and transfers in totaling $X and recommends overall expenditures and transfers out totaling $X. Budget Adjustments & Refinements [TO BE REPLACED WITH FY 21 ITEMS] General Fund Expenditures & Transfers Out — Increase/(Decrease) Personnel $ (99,993) Allocated Costs & Internal Service Charges 15,000 Adjustments, corrections, & refinements 1,000 Total Changes: Expenditures & Transfers -Out — Increase/(Decrease) $ (83,993) Revenues & Transfers In — Increase/(Decrease) 0 Total Changes: Revenues & Transfers -In — Increase/(Decrease) 0 Net Increase/(Decrease) in Use of GF Fund Balance $ (83,993) Other Funds Expenditures & Transfers Out — Increase/(Decrease) Personnel $ (160,415) Adjustments, corrections, & refinements 0 Total Changes: Other Funds Expenditures & Transfers Out — Inc/(Dec) $ (160,415) Revenues & Transfers In — Increase/(Decrease) Adjustments, corrections, & refinements 0 Total Other Funds Revenues & Transfers In Changes - Inc/(Dec) $ 0 Net Increase/(Decrease) Other Funds $ (160,415) FINANCIAL STATEMENT The estimated change in the 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 2021 is a decrease of $X. This use of fund balance falls entirely within the unassigned category to support operational costs and maintenance of effort requirements for the receipt of gas tax and TransNet revenues. 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 118 of 165 Page 3 Staff Report: Resolution of the City Council of the City of National City adopting a budget for fiscal year 2021. June 2, 2020 the City's budget. Had the COVID 19 pandemic not occurred, the use of General Fund unassigned fund balance would have been about $Y million less. General Fund unassigned fund balance is projected to end the current fiscal year 2020 at approximately $8.8 million. The use of fund balance estimated for fiscal year 2021 will reduce unassigned fund balance to approximately $1.7 million. RECOMMENDATIONS Adopt the City of National City Fiscal Year 2021 Proposed Budget, as presented. ATTACHMENTS Resolution 119 of 165 RESOLUTION NO. 2020 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ADOPTING A BUDGET FOR FISCAL YEAR 2021 WHEREAS, on April 28, 2020, in accordance with National City Municipal Code §2.55.030, the City Manager submitted a preliminary budget for the 2021 fiscal year to the City Council and said budget was discussed and deliberated in public session; and WHEREAS, on June 2, 2020 the City Council received the budget proposed to be adopted for the 2021 fiscal year, the "Fiscal Year 2021 Proposed Budget," that incorporated adjustments to said preliminary budget as directed by the City Council or advised by the City Manager. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the budget for the fiscal year beginning July 1, 2020, with City expenditures totaling $104,355,172(TO BE UPDATED) is hereby approved, adopted, and appropriated. BE IT FURTHER RESOLVED that the amounts by fund set forth in the "Expenditure Total" column of Exhibit 1 attached hereto and incorporated herein by this reference shall be the maximum expenditures authorized for those funds for fiscal year 2021; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to make budgetary revisions between budget units within a fund subsequent to the adoption of this budget; and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to transfer monies between funds up to the maximum set forth in the "Transfers" column in Exhibit 1 attached hereto and incorporated herein by this reference; and BE IT FURTHER RESOLVED that the estimated financing sources by fund available to meet the authorized expenditures and transfers are approved and adopted as detailed in the Fiscal Year 2021 Proposed Budget and incorporated herein by this reference; and BE IT FURTHER RESOLVED that the City Manager is authorized to adjust amounts of said financing sources subsequent to budget adoption in the event that any appropriation balances carried forward from prior fiscal years had an associated revenue source at the time the appropriation was established; and 111 111 111 Resolution 2020 — Page Two 120 of 165 BE IT FURTHER RESOLVED that the City Council does hereby authorize and approve the number and classification of employees in the respective functions, departments, and/or activities as set forth in the Fiscal Year 2021 Proposed Budget and incorporated herein by this reference. PASSED and ADOPTED this 2nd day of June, 2020. Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City ratifying a standard agreement with the State of California Department of Housing and Community Development for SB2 Grant funds in the amount of $310,000 and establishing fund appropriations and corresponding revenue budgets for Fiscal Years 2019/2020 and 2020/2021. (Housing) Please scroll down to view the backup material. 122 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City ratifying a standard agreement with the State of California Department of Housing and Community Development for SB2 Grant funds in the amount of $310,000 and establishing fund appropriations and corresponding revenue budgets for Fiscal Years 2019/2020 and 2020/2021. PREPARED BY: Raymundo Pe, Principal Planner DEPARTMENT: Housing Authority — PHONE: 619-336-4421 APPROVED BY: r-- Carlos Aguirre, Director EXPLANATION: In August 2019, the City filed an application with the Department of Housing and Community Development (HCD) for SB2 Planning Grant funds in the amount of $310,000. In November 2019, HCD notified the City of the award of the requested funding amount. A standard agreement was provided to the City in January 2020. This resolution would approve the standard agreement with the state and appropriate the grant funds for the Fiscal Years 2019/2020 and 2020/2019. The appropriation will be used to fund the update of the Housing Element of the General Plan and housing -related policies contained in the Land Use Element, Mobility Element, and Climate Action Plan. The current due date for the updated Housing Element is April 21, 2021. FINANCIAL STATEMENT: APPROVED: FINANCE $310,000 in state grant funds to be appropriated for expenditure in FY19/20 & FY20/21 ACCOUNT NO. APPROVED: MIS ENVIRONMENTAL REVIEW: This activity is not a project as defined in Section 15378 of the California Code of Regulations; therefore, no further action is required under the California Environmental Quality Act. ORDINANCE: INTRODUCTION FINAL ADOPTION Not applicable. STAFF RECOMMENDATION: Adopt the resolution approving the standard agreement and appropriating grant funds. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Standard Agreement. 2. Resolution. 123 of 165 STATE OF CALIEORNIA - BUSINESS CONSUMER SERVICES ANDJial ISINGAGFNCY DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT ADMINISTRATION AND MANAGEMENT DIVISION Business and Contract Services Branch Contracts Office 2020 W. El Camino Avenue, Suite 130, 95833 P. O. Box 952054 Sacramento, CA 94252-2054, (916) 263-69281 FAX (916) 263-6917 www.hcd.ca.gov Brad Raulston City Manager City of National City 1243 National City Blvd. Natioal City, CA 91950 GAVIN NFWSOM Governor RE: Grant 19-PGP-13376 Dear Brad Raulston: Congratulations on your Planning Grants Program (PGP), 2019 NOFA award. Attached is an electronic copy of the Standard Agreement ("Agreement') with Exhibits A through E: A. Standard Agreement Contents (STD 213 and Exhibits A through E) STD 213 - Cover page Exhibit A - Authority, Purpose and Scope of Work Exhibit B - Budget Detail and Payment Provisions Exhibit C* - State of California General Terms and Conditions - GTC 04/2017 *Exhibit C is now incorporated by reference; please see the STD 213 for additional information. Exhibit D — PGP Terms and Conditions Exhibit E - Special Conditions B. For expeditious handling of the contract, the Department offers two options for returning signed STD 213; please complete the following: 1. Review the entire Agreement thoroughly and, if necessary, discuss the requirements with your legal and financial advisors. 2. The person or persons authorized by the Resolution(s), must provide an original signature, printed name, title and date, must use blue ink, on the lower left-hand section entitled "Contractor" on the STD 213 and/or on page 2 of the STD 213, if applicable. 3. Option One: For electronic signature processing, reply to this Standard Agreement ATTACHMENT 1 124 of 165 City of National City 19-PGP-13376 Page 2of2 email notification with the attached, fully signed STD 213 page(s). All signatures must be original and in blue ink. All signers must be included in the reply email and confirm acceptance of e-signing the Agreement. 4. Option Two: Print five copies of the Standard Agreement, STD 213. Do not send photocopies of the signed STD 213 page(s). All five copies must be an original signature with wet, blue ink; do not return the Exhibits to HCD. 5. Note: If the resolution did not authorize a designated official to sign the STD 213 and amendments thereto, your governing body must adopt a resolution authorizing a designated official(s) to sign the STD 213 and any subsequent amendments. If the authorized designee as reflected in the resolution, the awarded NOFA amount or your entity status has changed, you are required to provide, to the Department, a new resolution consistent with the terms of the NOFA award and adopted by your Board. 6. Return the e-signed copy or the five signed copies of the STD 213; and, if applicable, the certified resolution within 30 days from the date of this letter to the following address: Department of Housing and Community Development Business & Contract Services Branch Contracts Office, Attn. Kelvin Singh 2020 West El Camino Avenue, Suite 130 Sacramento, CA 95833 7 Maintain a complete electronic version of the contract Agreement, STD 213 and Exhibits, for your pending file. Note: The contract is not effective until it is signed by the Awardee's designated official and the Department. The Department reserves the right to cancel any pending Standard Agreement in its entirety if not returned within the required 30-day period. Please contact Planning Grants Program Manager, Paul McDougall, at paul.mcdougall(c�hcd.ca.gov, if you have any questions regarding the Standard Agreement or the provisions therein. Sincerely, Kelvin Singh Contract Analyst Attachment cc: Planning Grants Program, John Buettner 2 125 of 165 CONTRACTING AGENCY AUTHORIZED SIGNATURE STATE OF CALIFORNIA - DEPARTMENT OF GENERAL SERVICES STANDARD AGREEMENT STD 213 (Rev. 03/2019) AGREEMENT NUMBER 19-PGP-13376 1. This Agreement is entered into between the Contracting Agency and the Contractor named below: CONTRACTING AGENCY NAME DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT CONTRACTOR'S NAME City of National City 2 The term of this Agreement is: PURCHASING AUTHORITY NUMBER (if applicable) START DATE Upon HCD Approval THROUGH END DATE 12/31/2022 3. The maximum amount of this Agreement is: $310,000.00 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. EXHIBITS TITLE PAGES Exhibit A Authority, Purpose and Scope of Work Exhibit B Budget Detail and Payment Provisions Exhibit C' State of California General Terms and Conditions Exhibit D PGP Terms and Conditions Exhibit E Special Conditions TOTAL NUMBER OF PAGES ATTACHED Items shown with an asterisk ('), are hereby incorporated by reference and made part of this agreement as if attached hereto. These documents can be viewed at htfps://www.dgs.ca.gov/OLS/Resources IN WITNESS WHEREOF, THIS AGREEMENT HAS BEEN EXECUTED BY THE PARTIES HERETO. CONTRACTOR CONTRACTOR NAME (if other than an individual, state whether a corporation. partnership,etc.) City of National City CONTRACTOR BUSINESS ADDRESS 1243 National City Blvd. PRINTED NAME OF PERSON SIGNING Brad Raulston CITY STATE National City CA TITLE 2 5 GTC - 04/2017 8 0 15 ZIP 91950 City Manager CONTRAc Tna AUTHORIZED SIGNATURE DATE SIGNED s STATE OF CALIFORNIA CONTRACTING AGENCY NAME Department of Housing and Community Development CONTRACTING AGENCY ADDRESS CITY STATE ZIP 2020 W. El Camino Ave., Suite 130 Sacramento CA 95833 PRINTED NAME OF PERSON SIGNING TITLE Synthia Rhinehart Contracts Manager, Business & Contract Services Branch DATE SIGNED California Department of General Services Approval (or exemption, if applicable) Exempt per; SCM Vol. 1 4.04.A.3 (DGS memo dated 6/12/1981) 3 126 of 165 EXHIBIT A AUTHORITY, PURPOSE AND SCOPE OF WORK 1. Authority City of National City 19-PGP-13376 Page 1 of 2 Pursuant to Health and Safety Code section 50470, subdivision (b)(1)(A), the State of California Department of Housing and Community Development (the "Department" or "State") has established the Planning Grants Program ("PGP," or the "Program" as defined in Section 102 of the Guidelines) for Local Governments and Localities. This Standard Agreement, along with all its exhibits (the "Agreement"), is entered into under the authority of, and in furtherance of, the purpose of the Program. Pursuant to Health and Safety Code Section 50470, subdivision (d), the Department has issued the Senate Bill 2 Planning Grants Program Year 1 Guidelines (the "Guidelines") dated December 2018 governing the Program, and a Notice of Funding Availability ("NOFA") dated March 28, 2019. 2. Purpose In accordance with the authority cited above, the Grantee has been awarded financial assistance in the form of a grant from the Program. The Department has agreed to make the grant to provide financial assistance for the preparation, adoption and implementation of a plan for Accelerating Housing Production and Streamlined Housing Production (as defined in Section 102 of the Guidelines) pursuant to the terms of the Guidelines, the NOFA, and this Agreement. By entering into this Agreement and thereby accepting the award of the Program funds, the Grantee agrees to comply with the terms and conditions of the Guidelines, the NOFA, this Agreement, the representations contained in the application, and the requirements of the authority cited above. Based on the representations made by the Grantee, the State shall provide a grant in the amount shown in Exhibit B, Section 2. 3. Definitions Terms herein shall have the same meaning as definitions in Section 102 of the Guidelines. 4. Scope of Work Update planning documents, entitlement processes or zoning ordinances in accordance with the Grantee's Schedule F: Project Timeline and Budget, as provided by the Grantee in the SB 2 Planning Grant Program application used for subsequent approval by the Department. 5. Department Contract Coordinator The Contract Coordinator of this Agreement for the Department is the Housing Policy Development Manager, or the Manager's designee. Unless otherwise informed, any Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 4 127 of 165 City of National City 19-PGP-13376 Page 2of2 EXHIBIT A notice, report, or other communication required by this Agreement shall be mailed by first class mail to the Department Contract Coordinator at the following address: Department of Housing and Community Development Housing Policy Development Land Use Planning Unit Attention: PGP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 P. O. Box 952050 Sacramento, CA 94252-2050 Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 5 128 of 165 City of National City 19-PGP-13376 Page 1 of 5 EXHIBIT B BUDGET DETAIL AND PAYMENT PROVISIONS 1. Application for Funds A. The Department is entering into this Agreement on the basis of, and in reliance on facts, information, assertions and representations contained in the Application and any subsequent modifications or additions thereto approved by the Department The Application and any approved modifications and additions thereto are hereby incorporated into this Agreement. B. The Grantee warrants that all information, facts, assertions and representations contained in the Application and approved modifications and additions thereto are true, correct, and complete to the best of the Grantee's knowledge. In the event that any part of the Application and any approved modification and addition thereto is untrue, incorrect, incomplete, or misleading in such a manner that would substantially affect the Department's approval, disbursement, or monitoring of the funding and the grant or activities governed by this Agreement, the Department may declare a breach hereof and take such action or pursue such remedies as are provided for breach hereof. 2. Grant and Reimbursement Limit The maximum total amount granted and reimbursable to the Grantee pursuant to this Agreement shall not exceed $310,000. 3. Grant Timelines A. This Agreement is effective upon approval by all parties and the Department, which is evidenced by the date signed by the Department on page one, Standard Agreement, STD 213 (the "Effective Date"). B. All Grant funds must be expended by June 30, 2022. C. The Grantee shall deliver to the Department all final invoices for reimbursement on or before February 28, 2022, to ensure meeting the June 30, 2022 deadline. Under special circumstances, as determined by the Department, the Department may modify the February 28, 2022 deadline. D. It is the responsibility of the Grantee to monitor the project and timeliness of draws within the specified dates. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 6 129 of 165 EXHIBIT B 4. Allowable Uses of Grant Funds City of National City 19-PGP-13376 Page 2 of 5 A. The Department shall not award or disburse funds unless it determines that the grant funds shall be expended in compliance with the terms and provisions of the Guidelines, the NOFA, and this Agreement. B. Grant funds shall only be used by the Grantee for project activities approved by the State that involve the preparation and adoption of project activities as stated in the scope of work, project description, project timeline and other parts of the application, and eligible activities and uses pursuant to Article III of the Guidelines. C. Grant funds may not be used for administrative costs of persons employed by the Grantee for activities not directly related to the preparation and adoption of the proposed activity. D. The Grantee shall use no more than 5 percent of the total grant amount for costs related to administration of the project. E. A Grantee that receives funds under this Program may use a subcontractor. The subcontract shall provide for compliance with all the requirements of the Program. The subcontract shall not relieve the Grantee of its responsibilities under the Program. F. After the contract has been executed by the Department and all parties, approved and eligible costs for eligible activities may be reimbursed for the project(s) upon completion of deliverables in accordance with Schedule F: Project Timeline and Budget and the Statement of Work and subject to the terms and conditions of this Agreement. G. Only approved and eligible costs incurred for work after the NOFA date, continued past the date of execution and acceptance of the Standard Agreement and completed during the grant term will be reimbursable. H. Approved and eligible costs incurred prior to the NOFA date are ineligible. 5. Performance The Grantee shall take such actions, pay such expenses, and do all things necessary to complete the scope of work specified in Exhibit A and as incorporated by the SB 2 Program application in accordance with the schedule for completion set forth therein and within the terms and conditions of this Agreement. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 7 130 of 165 EXHIBIT B 6. Fiscal Administration City of National City 19-PGP-13376 Page 3 of 5 A. The Grantee is responsible for maintaining records which fully disclose the activities funded by the PGP grant. Adequate documentation for each reimbursable 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 PGP 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. B. Work must be completed prior to requesting reimbursement. The Department may make exceptions to this provision on a case by case basis. In unusual circumstances, the Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work. C. Prior to receiving reimbursement, the Grantee shall submit the following documentation: 1) Government Agency Taxpayer ID Form (GovTIN; Fi$cal form); 2) A Request for Funds on a form provided by the Department; and 3) Any and all documentation requested by the Department in the form and manner as outlined in the following subsection D. D. Grantee shall submit all required reimbursement documentation to the following address: Department of Housing and Community Development Housing Policy Development Land Use Planning Unit Attention: PGP Program Manager 2020 West El Camino Avenue, Suite 500 Sacramento, CA 95833 P. O. Box 952050 Sacramento, CA 94252-2050 E. The Grantee shall submit invoices for reimbursement to the Department according to the following schedule: Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 8 131 of 165 City of National City 19-PGP-13376 Page4of5 EXHIBIT B 1) At maximum, once per quarter; or 2) Upon completion of a deliverable, subject to the Department's approval; and 3) At minimum, one invoice for reimbursement annually. The Department will use the 2019 calendar year beginning with January, with first requests for reimbursement accepted on or after September 30, 2019. F. The request for reimbursement must be for a minimum of 15 percent of the maximum grant amount awarded. The Department may consider exceptions to the minimum amount requested on a case -by -case basis. All invoices shall reference the contract number and shall be signed and submitted to the Department's Program Manager at the address provided above in Section 6, item D of Exhibit B. Invoices shall include at a minimum the following information: 1) Names of the Grantee's personnel performing work; 2) Dates and times of project work; 3) Itemized costs in accordance with the Schedule F: Project Timeline and Budget and Statement of Work, including identification of each employee, contractor, subcontractor staff who provided services during the period of the invoice, the number of hours and hourly rates for each of the Grantee's employees, contractor(s), sub-recipient(s) or subcontractor's staff member(s), authorized expenses with receipts, and contractor, sub -recipient and subcontractor invoices; and 4) Any other documents, certifications, or evidence deemed necessary by the Department prior to disbursement of grant funds. G. The Department will reimburse the Grantee directly for all allowable project costs as promptly as the Department's fiscal procedures permit upon receipt of an itemized signed invoice. H. The Department recognizes that budgeted deliverable amounts are based upon estimates. Grantees may request, in writing, a budget adjustment across deliverables subject to written approval by the Department, as long as the total budget does not exceed the maximum amount awarded to the Grantee. Grant funds cannot be disbursed until this Standard Agreement has been fully executed. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 9 132 of 165 City of National City 19-PGP-13376 Page 5 of 5 EXHIBIT B J. Grant fund payments will be made on a reimbursement basis; advance payments are not allowed. The Grantee, its subcontractors and all partners, must have adequate cash flow to pay all grant -related expenses prior to requesting reimbursement from the Department. The Department may consider alternative arrangements to reimbursement and payment methods based on documentation demonstrating cost burdens, including the inability to pay for work pursuant to Section 601(f) of the Guidelines. K. The Grantee will be responsible for compiling and submitting all invoices, supporting documentation and reporting documents. Invoices must be accompanied by reporting materials where appropriate. Invoices without the appropriate reporting materials will not be paid. 1) Supporting documentation may include, but is not limited to; purchase orders, receipts, progress payments, subcontractor invoices, timecards, or any other documentation as deemed necessary by the Department to support the reimbursement to the Grantee for expenditures incurred. L. The Grantee will submit for reimbursements to the Department based on actual costs incurred, and must bill the State based on clear and completed objectives and deliverables as outlined in the application, in Schedule F: Project Timeline and Budget, the Statement of Work, and/or any and all documentation incorporated into this Standard Agreement and made a part thereof. M. The Department may withhold 10 percent of the grant until grant terms have been fulfilled to the satisfaction of the Department. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 10 133 of 165 EXHIBIT D PGP TERMS AND CONDITIONS 1. Reporting City of National City 19-PGP-13376 Page 1 of 8 A. During the term of the Standard Agreement the Grantee shall submit, upon request of the Department, a performance report that demonstrates satisfaction of all requirements identified in this Standard Agreement. B. Upon completion of all objectives and deliverables required to fulfill this contract pursuant to Schedule F: Project Timeline and Budget and the Scope of Work, Exhibit A, Section 4, and as referred to in Exhibit B, Section 6, subsection K. within this Standard Agreement, the Grantee shall submit a final close out report in accordance with Section 604, subsection (b), and as instructed in Attachment 3 of the December 2018 Planning Grants Program Guidelines. The close out report shall be submitted with the final invoice by the end of the grant term as listed in Exhibit B, Section 3, subsection C. 2. Accounting Records A. The Grantee, its staff, contractors and subcontractors shall establish and maintain an accounting system and reports that properly accumulate incurred project costs by line. The accounting system shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices. B. The Grantee must establish a separate ledger account for receipts and expenditures of grant funds and maintain expenditure details in accordance with the scope of work, project timeline and budget. Separate bank accounts are not required. C. The Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures incurred during the course of the project in accordance with GAAP. D. The Grantee agrees that the state or designated representative shall have the right to review and to copy any records and supporting documentation pertaining to the performance of the Standard Agreement. E. Subcontractors employed by the Grantee and paid with moneys under the terms of this Standard Agreement shall be responsible for maintaining accounting records as specified above. 3. Audits A. At any time during the term of the Standard Agreement, the Department may perform or cause to be performed a financial audit of any and all phases of the award. At the Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 11 134 of 165 City of National City 19-PGP-13376 Page 2 of 8 EXHIBIT D Department's request, the Grantee shall provide, at its own expense, a financial audit prepared by a certified public accountant. The State of California has the right to review project documents and conduct audits during and over the project life. 1) The Grantee agrees that the Department or the Department's designee shall have the right to review, obtain, and copy all records and supporting documentation pertaining to performance of this Agreement. 2) The Grantee agrees to provide the Department or the Department's designee, with any relevant information requested. 3) The Grantee agrees to permit the Department or the Department's designee access to its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees who might reasonably have information related to such records 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 statutes, Program guidelines, and this Agreement. B. If a financial audit is required by the Department, the audit shall be performed by an independent certified public accountant. Selection of an independent audit firm shall be consistent with procurement standards contained in Exhibit D, Section 8 subsection A. of this Standard Agreement. 1) The Grantee shall notify the Department of the auditor's name and address immediately after the selection has been made. The contract for the audit shall allow access by the Department to the independent auditor's working papers. 2) The Grantee is responsible for the completion of audits and all costs of preparing audits. 3) If there are audit findings, the Grantee must submit a detailed response acceptable to the Department for each audit finding within 90 days from the date of the audit finding report. C. The Grantee agrees to maintain such records for possible audit after final payment pursuant to Exhibit D, Section 3, subsection E. below, unless a longer period of records retention is stipulated. 1) If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, all records must be retained by the Grantee, contractors and sub -contractors until completion of the action and resolution of all issues which arise from it. The Grantee shall include in any contract that it enters into in an amount exceeding $10,000, the Department's right to audit the contractor's records and interview their employees. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 12 135 of 165 City of National City 19-PGP-13376 Page 3 of 8 EXHIBIT D 2) The Grantee shall comply with the caveats and be aware of the penalties for violation of fraud and for obstruction of investigation as set forth in California Public Contracts Code Section 10115.10. D. The determination by the Department of the eligibility of any expenditure shall be final. E. The Grantee shall retain all books and records relevant to this Agreement for a minimum of (3) three years after the end of the term of this Agreement. Records relating to any and all audits or litigation relevant to this Agreement shall be retained for five years after the conclusion or resolution of the matter. 4. Remedies of Non-performance A. Any dispute concerning a question of fact arising under this Standard Agreement that is not disposed of by agreement shall be decided by the Department's Housing Policy Development Manager, or the Manager's designee, who may consider any written or verbal evidence submitted by the Grantee. The decision of the Department's Housing Policy Development Manager or Designee shall be the Department's final decision regarding the dispute. B. Neither the pendency of a dispute nor its consideration by the Department will excuse the Grantee from full and timely performance in accordance with the terms of this Standard Agreement. C. In the event that it is determined, at the sole discretion of the Department, that the Grantee is not meeting the terms and conditions of the Standard Agreement, immediately upon receiving a written notice from the Department to stop work, the Grantee shall cease all work under the Standard Agreement. The Department has the sole discretion to determine that the Grantee meets the terms and conditions after a stop work order, and to deliver a written notice to the grantee to resume work under the Standard Agreement. D. Both the Grantee and the Department have the right to terminate the Standard Agreement at any time upon 30 days written notice. The notice shall specify the reason for early termination and may permit the grantee or the Department to rectify any deficiency(ies) prior to the early termination date. The Grantee will submit any requested documents to the Department within 30 days of the early termination notice. E. There must be a strong implementation component for the funded activity through this Program, including, where appropriate, agreement by the locality to formally adopt the completed planning document. Localities that do not formally adopt the funded activity could be subject to repayment of the grant. F. The following shall each constitute a breach of this Agreement: 1) Grantee's failure to comply with any of the terms and conditions of this Agreement. 2) Use of, or permitting the use of, grant funds provided under this Agreement for any Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 13 136 of 165 City of National City 19-PGP-13376 Page 4 of 8 EXHIBIT D ineligible costs or for any activity not approved under this Agreement. 3) Any failure to comply with the deadlines set forth in this Agreement unless approved by the Program Manager. G. In addition to any other remedies that may be available to the Department in law or equity for breach of this Agreement, the Department may at its discretion, exercise the following remedies: 1) Disqualify the Grantee from applying for future PGP Funds or other Department administered grant programs; 2) Revoke existing PGP award(s) to the Grantee; 3) Require the return of unexpended PGP funds disbursed under this Agreement; 4) Require repayment of PGP Funds disbursed and expended under this agreement; 5) Seek a court order for specific performance of the obligation defaulted upon, or the appointment of a receiver to complete the obligations in accordance with the PGP Program requirements; and 6) Other remedies available at law, or by and through this agreement. All remedies available to the Department are cumulative and not exclusive. 7) The Department may give written notice to the Grantee to cure the breach or violation within a period of not Tess than 15 days. 5. Indemnification Neither the Department nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents, its contractors, its sub -recipients or its subcontractors under or in connection with any work, authority or jurisdiction conferred upon the Grantee under this Standard Agreement. It is understood and agreed that the Grantee shall fully defend, indemnify and save harmless the Department and all of the Department's staff from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortuous, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by the Grantee, its officers, employees, agents contractors, sub - recipients, or subcontractors under this Standard Agreement. 6. Waivers No waiver of any breach of this Agreement shall be held to be a waiver of any prior or subsequent breach. The failure of the Department to enforce at any time the provisions of this Agreement, or to require at any time, performance by the Grantee of these provisions, shall in no way be Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 14 137 of 165 City of National City 19-PGP-13376 Page 5of8 EXHIBIT D construed to be a waiver of such provisions nor to affect the validity of this Agreement or the right of the Department to enforce these provisions. 7. Relationship of Parties It is expressly understood that this Standard Agreement is an agreement executed by and between two independent governmental entities and is not intended to, and shall not be construed to, create the relationship of agent, servant, employee, partnership, joint venture or association, or any other relationship whatsoever other than that of an independent party. 8. Third -Party Contracts A. All state -government funded procurements must be conducted using a fair and competitive procurement process. The Grantee may use its own procurement procedures as long as the procedures comply with all City/County laws, rules and ordinances governing procurement, and all applicable provisions of California state law. B. Any contract entered into as a result of this Agreement shall contain all the provisions stipulated in the Agreement to be applicable to the Grantee's sub -recipients, contractors, and subcontractors. Copies of all agreements with sub -recipients, contracts, and subcontractors must be submitted to the Department's program manager. C. The Department does not have a contractual relationship with the Grantee's sub - recipients, contractors, or subcontractors, and the Grantee shall be fully responsible for all work performed by its sub -recipients, contractors, or subcontractors. D. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort between the Grantee and other jurisdictions who are grantees of the SB 2 Planning Grants Program, the Grantee acknowledges that each partner and/or all entities forming the SB 2 Planning Grants Program collaborative are in mutual written agreement with each other but are contractually bound to the Department under separate, enforceable contracts. E. In the event the Grantee is partnering with another jurisdiction or forming a collaborative effort with other entities that are not grantees of the SB 2 Planning Grants Program, the Department shall defer to the provisions as noted in subsections 8(B) and 8(C) of this part. 9. Compliance with State and Federal Laws, Rules, Guidelines and Regulations A. The Grantee agrees to comply with all state and federal laws, rules and regulations that pertain to construction, health and safety, labor, fair employment practices, equal opportunity, and all other matters applicable to the grant, the Grantee, its contractors or subcontractors, and any other grant activity. B. During the performance of this Agreement, the Grantee assures that no otherwise qualified person shall be excluded from participation or employment, denied program Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 15 138 of 165 City of National City 19-PGP-13376 Page 6 of 8 EXHIBIT D benefits, or be subjected to discrimination based on race, color, ancestry, national origin, sex, gender, gender identity, gender expression, genetic information, age, disability, handicap, familial status, religion, or belief, under any program or activity funded by this contract, as required by Title VI of the Civil Rights Act of 1964, the Fair Housing Act (42 USC 3601-20) and all implementing regulations, and the Age Discrimination Act of 1975 and all implementing regulations. C. The Grantee shall include the nondiscrimination and compliance provisions of this clause in all agreements with its sub -recipients, contractors, and subcontractors, and shall include a requirement in all agreements with all of same that each of them in turn include the nondiscrimination and compliance provisions of this clause in all contracts and subcontracts they enter into to perform work under the PGP. D. The Grantee shall, in the course of performing project work, fully comply with the applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) E. The Grantee shall adopt and implement affirmative processes and procedures that provide information, outreach and promotion of opportunities in the PGP project to encourage participation of all persons regardless of race, color, national origin, sex, religion, familial status, or disability. This includes, but is not limited to, a minority outreach program to ensure the inclusion, to the maximum extent possible, of minorities and women, and entities owned by minorities and women, as required by 24 CFR 92.351. 10. Litigation A. If any provision of this Agreement, or an underlying obligation, is held invalid by a court of competent jurisdiction, such invalidity, at the sole discretion of the Department, shall not affect any other provisions of this Agreement and the remainder of this Agreement shall remain in full force and effect. Therefore, the provisions of this Agreement are, and shall be, deemed severable. The Grantee shall notify the Department immediately of any claim or action undertaken by or against it, which affects or may affect this Agreement or the Department, and shall take such action with respect to the claim or action as is consistent with the terms of this Agreement and the interests of the Department. 11. Changes in Terms/Amendments This Agreement may only be amended or modified by mutual written agreement of both parties. 12. State -Owned Data A. Definitions Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 16 139 of 165 EXHIBIT D 1) Work: City of National City 19-PGP-13376 Page 7 of 8 The work to be directly or indirectly produced by the Grantee, its employees, or by and of the Grantee's contractor's, subcontractor's and/or sub -recipient's employees under this Agreement. 2) Work Product: All deliverables created or produced from Work under this Agreement including, but not limited to, all Work and Deliverable conceived or made, or made hereafter conceived or made, either solely or jointly with others during the term of this Agreement and during a period of six months after the termination thereof, which relates to the Work commissioned or performed under this Agreement. Work Product includes all deliverables, inventions, innovations, improvements, or other works of authorship Grantee and/or Grantee's contractor subcontractor and/or sub -recipient may conceive of or develop in the course of this Agreement, whether or not they are eligible for patent, copyright, trademark, trade secret or other legal protection. 3) Inventions: Any ideas, methodologies, designs, concept, technique, invention, discovery, improvement or development regardless of patentability made solely by the Grantee or jointly with the Grantee's contractor, subcontractor and/or sub -recipient and/or Grantee's contractor, subcontractor, and/or sub -recipient's employees with one or more employees of the Department during the term of this Agreement and in performance of any Work under this Agreement, provided that either the conception or reduction to practice thereof occurs during the term of this Agreement and in performance of Work issued under this Agreement. B. Ownership of Work Product and Rights 1) All work Product derived by the Work performed by the Grantee, its employees or by and of the Grantee's contractor's, subcontractor's and/or sub -recipient's employees under this Agreement, shall be owned by the Department and shall be considered to be works made for hire by the Grantee and the Grantee's contractor, subcontractor and/or subrecipient for the Department. The Department shall own all copyrights in the work product. 2) Grantee, its employees and all of Grantee's contractor's, subcontractor's and sub - recipient's employees agree to perpetually assign, and upon creation of each Work Product automatically assigns, to the Department, ownership of all United States and international copyrights in each and every Work Product, insofar as any such Work Product, by operation of law, may not be considered work made for hire by the Grantee's contractor, subcontractor and/or subrecipient from the Department. From time to time upon the Department's request, the Grantee's contractor, subcontractor and/or subrecipients, and/or its employees, shall confirm such Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 17 140 of 165 City of National City 19-PGP-13376 Page 8of8 EXHIBIT D assignments by execution and delivery of such assignment, confirmations or assignment or other written instruments as the Department may request. The Department shall have the right to obtain and hold in its name all copyright registrations and other evidence of rights that may be available for Work Product under this Agreement. Grantee hereby waives all rights relating to identification of authorship restriction or limitation on use or subsequent modification of the Work. 3) Grantee, its employees and all Grantee's contractors, subcontractors and sub - recipients hereby agrees to assign to the Department all Inventions, together with the right to seek protection by obtaining patent rights therefore and to claim all rights or priority thereunder and the same shall become and remain the Department's property regardless of whether such protection is sought. The Grantee, its employees and Grantee's contractor, subcontractor and /or subrecipient shall promptly make a complete written disclosure to the Department of each Invention not otherwise clearly disclosed to the Department in the pertinent Work Product, specifically noting features or concepts that the Grantee, its employees and/or Grantee's contractor, subcontractor and/or subrecipient believes to be new or different. 4) Upon completion of all work under this Agreement, all intellectual property rights, ownership and title to all reports, documents, plans, specifications and estimates, produced as part of this Agreement will automatically be vested in Department and no further agreement will be necessary to transfer ownership to Department. 13. 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. Planning Grants Program (PGP) NOFA Date: March 28, 2019 Approved Date: October 17, 2019 Prep. Date: December 6, 2019 18 141 of 165 The following page(s) contain the backup material for Agenda Item: Report to City Council on the Homefront to Waterfront Connectivity Study. (Engineering/Public Works) Please scroll down to view the backup material. 142 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO.: ITEM TITLE: A report to City Council on the Homefront to Waterfront Connectivity Study. PREPARED BY: Jose Lopez, PHONE: 619-336-4312 EXPLANATION: See attached. eputy City Engineer DEPARTMENT: Engin r public Works APPROVED BY: • FINANCIAL STATEMENT: APPROVED: FINANCE ACCOUNT NO. APPROVED: MIS N/A ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION n FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the report. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Homefront to Waterfront Connectivity Study on file with the Office of the City Engineer 143 of 165 Explanation On July 27, 2018, the City was notified of a grant award from SANDAG under the Transnet Active Transportation Grant Program for non -capital grant planning projects in the amount of $198,000. In July 2019, KTUA was authorized to proceed with the study. The resulting planning effort is called the Homefront to Waterfront Connectivity Study. It takes a holistic look at the connections between residents of National City (called the Homefront) to jobs and recreation between 1-15 and the San Diego Bay (called the waterfront). The intent of the study was to take a look at all planning and construction efforts in the waterfront area and to coordinate and discuss projects with such entities as SANDAG, MTS, CALTRANS, the Navy and the Port of San Diego. The study looked at connecting transit, bike and walking facilities and was to consider new technologies of carshare, bikeshare, neighborhood electric vehicle (NEV), shuttles, electric bikes and ride hailing with the goal of lowering greenhouse gas emissions and vehicle miles traveled. The effort has resulted in 10 additional projects that could be moved forward to increase connectivity and options between the Homefront and the waterfront. 144 of 165 The following page(s) contain the backup material for Agenda Item: Report to City Council on the 24th Street Transit -Oriented Overlay District. (Planning) Please scroll down to view the backup material. 145 of 165 Item # 06/02/20 Report to City Council on the 24th Street Transit -Oriented Overlay District (Planning) 146 of 165 The following page(s) contain the backup material for Agenda Item: Report on the presentation of the Focused General Plan Update including the Sixth Cycle Housing Element to the Housing Advisory Committee. (Housing Authority) Please scroll down to view the backup material. 147 of 165 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 2, 2020 AGENDA ITEM NO. ITEM TITLE: Report on the presentation of the Focused General Plan Update including the Sixth Cycle Housing Element to the Housing Advisory Committee. PREPARED BY: Carlos Aguirre, Director DEPARTMENT: Housing Authority PHONE: (619) 336-4391 APPROVED BY: EXPLANATION: The General Plan contains land use and development policies that serve as the foundation for all planning decisions. Due to changes since the last updated version in 2011, the scope of the Focused General Plan Update (FGPU) will focus on policy updates, support updates to codes, ordinances, and developments standards and conduct an environmental review. This update will help National City grow while providing a variety of housing choices, a mobility network that helps to reduce VMT, and a robust economy, all while preserving its culture. National City is primed to see an increase in population growth and a more diverse housing need. The City's current Housing Element (5th Cycle) was adopted by the City Council in 2013 and certified by the State Department of Housing and Community Development (HCD). The adopted Housing Element covers the planning period from April, 2013, through April, 2021. The next housing cycle (6th Cycle) will cover the planning period from April 2021 to 2029. FINANCIAL STATEMENT: ACCOUNT NO. Not applicable. ENVIRONMENTAL REVIEW: Not applicable. ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Provide comments and file the report. BOARD / COMMISSION RECOMMENDATION: Not applicable. ATTACHMENTS: 1. Power Point Presentation 148 of 165 Attachment No. 1 Focused General Plan Update Housing Advisory Committee June],2020 c- CALIFORNIA — ma,/ .. fMcORPOTATED • VERONICA TAM AND ASSOCIATES rim= ink PLAN --44600141411W1 PLAN What is the Focused General Plan Update? The General Plan is the City's "blueprint" document that guides future growth and investments. — Changes since the last General Plan update (2011): — New State legislation related to housing, land use, transportation, and safety — Local planning efforts: — INTRAConnect — Transit-Oriented Development Overlay (TODO) — Homefront to the Waterfront — SB 2 — Changing regional context and forecasted future growth CITY OF NATIONAL CITY I FOCUSEDGENERAL PLAN UPDATE JUNE2020I 2 149 of 165 1 Attachment No. 1 PLAN National City Growth IForecast 2020 Population: 62,342 Housing Units: 17,458 2035 Population: 73,329 Housing Units: 20,877 2050 Population: 85,121 Housing Units: 24,736 NATIONAL CITY GROWTH FORECAST 90,000 80,000 70,000 60,000 50,000 40,000 30,000 20,000 10,000 0 Total Population Total Housing Units —Occupied Housing Units 2012 58.967 16.720 15,674 2020 62,342 17,458 16,392 Total Population Total Housing Units O ® � 2035 2050 73.329 85,121 20,877 24.736 19.863 23,335 Occupied Housing Units Source:Series13 Regional Growth Forecast. SANDAL. CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE' JUNE 202013 PLAN Scope of the Focused General Plan Update Focused Policy Updates Supporting Updates to Codes, Ordinances, and Development Standards Environmental Review Policies Housing Element Land Use Element Transportation Element Safety Element Climate Action Plan Codes, Ordinances, & Development Standards Zoning Code Specific Plans Objective Design Standards Environmental Review — Supplemental Program Environmental Impact Report (PEIR) CITY OF NATIONAL CITY' FOCUSED GENERAL PLAN UPDATE I JUNE 202014 150 of 165 Attachment No. 1 PLAN Timeline Critical Path: — Preferred Land Use and Mobility Network (Fall 2020) — Environmental Review (Winter 2020) Housing Element Submittal to HCD (Spring/Summer 2021) Spring 2020 Existing Conditions Analysis Summer 2020 Outreach Vision, Goals, and Policies Land Use Scenarios Fall 2020 Preferred Land Use and Mobility Network Zoning Code Updates Draft Elements Winter 2020 Environmental Review Technical Studies t Spring/Summer 2021 Public Review/Adoption Housing Element Submittal to HCD CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE' JUNE202015 PLAN Community Engagement — Public Webinars — Survey — Stakeholder Interviews — Office Hours — Videos, Social Media, and Website — Planning Commission and City Council Hearings ti Platforms: MetroQuest (pictured above), Zoom, Social Media CITY OF NATIONAL CITY I FOCUSED G E N E PAL PLAN UPDATE! J U N E 20201 6 151 of 165 7 Attachment No. 1 PLAN Land Use Element Provide a land use framework that supports the Housing Element Incorporate new policy areas (INTRAConnect, TODO, etc.) Where can you go in a 10 minute vaney of -grocery store/ housing types market START HERE bite volt, — school Neighborhood? — pedesk fl had — redwrc.l cote 1 1min 2min 3min 4min — bank — arts /cultural center — bast rnar:y g-den Potential new policy:10-minute neighborhoods. CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE IJUNE202017 PLAN Transportation Element SB 743 Incorporate new policy areas (INTRAConnect, TODO, Homefront to the Waterfront, etc.) New mobility, TSM, and TDM — Update with a comprehensive, multi -modal focus — Align with State legislation (SB 743 and complete streets) — Incorporate new policy areas, such as 10- minute neighborhoods, and the recommendations from recent plans and studies (INTRAConnect, TODO, Homefront to the Waterfront, etc.) — New policies related to New Mobility and Transportation Systems Management (TSM) — Expanded policies related to Transportation Demand Management (TDM) CITY OF NATIONAL CITY I FOCUSEDGENEPAL PLAN UPDATE! JUNE 2020I 8 152 of 165 Attachment No. 1 PLAN Safety Element — SB 379 — Address climate change and resiliency PLAN Climate Action Plan (CAP) Update vehicle miles traveled (VMT) projections based on changes to land use and mobility Revise the City's greenhouse gas (GHG) emissions inventory Create new 2030 and 2050 emissions targets based on changes in regulations Align with recent State requirements (SB 379) — Climate change vulnerability assessment — Measures to address vulnerabilities — Comprehensive hazard mitigation and emergency response strategy CITY OF NATIONAL CITY FOCUSED GENERAL PLAN UPDATE I JUNE 2020 I 9 GHG INVENTORY* 'This GHG inventory is based on 2016 data. 335,200 MT COie Total GHG emissions estimated for 2016 ■ ON -ROAD TRANSPORTATION ■ ELECTRICITY ■ NATURAL GAS ■ SOLID WASTE ■ WATFR ■ WASTEWATER Source City of National City ReCAP Snapshot. SANDAG. CITYOF NATIONAL CITY' FOCUSED GENERAL PLAN UPDATE I JUNE 2020110 153 of 165 Attachment No. 1 PLAN What is a Housing Element? Required General Plan element Contains policies and programs to address housing for all income levels 6th Cycle planning period: 2021 to 2029 Additional requirements set by State law — One of the required elements of the City's General Plan — Provides policies and programs for the availability of residential uses for a variety of income levels — Planning period set by State law — 6th Cycle: 2021-2029 — Determines the City's regional share of housing by income category — Requires review by the State Department of Housing and Community Development (HCD) for compliance with State law CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JU N E 2020111 154 of 165 3 Attachment No. 1 PLAN 5th Cycle Housing Element — Planning Period: 2013-2020 — Target:1,863 units — Sites accommodated through: — Downtown Specific Plan Area — Westside Specific Plan Area — Various Mixed -Use Districts and Higher - Density Multi -Family zones National City Housing Element Sites Inventory 1.-.1 City Boundary sees CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JUNE 2020113 — Goal 1: Maintain and enhance the quality of existing residential neighborhoods. — Goal 2: Conserve the affordability of the existing housing stock. CITYOF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JUNE 2020114 155 of 165 7 Attachment No. 1 PLAN Goals and Policies — Goal 3: Increase the availability and affordability of safe and sanitary housing for all income groups — Goal 4: Provide a sufficient number of housing units and range of housing types CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JUNE 2020115 PLAN Goals and Policies — Goal 5: Promote and implement fair housing practices and equal access to housing opportunities — Goal 6: Enhance housing affordability through energy conservation and design CITY OF NATIONAL CITY' FOCUSED GENERAL PLAN UPDATE I JUNE 2020116 156 of 165 3 Attachment No. 1 PLAN Background Legislation New legislation passed during 2019 related to: — Local Density Programs — Housing Element Requirements — Surplus Lands — Accessory Dwelling Unit (ADU) Streamlining Removal of Local Barriers to Housing Production OF COMMERCE & VISITOR CENTER — AB 68, AB 587, AB 671, AB 881, and SB 31: Incentivize ADUs through permit streamlining, reduced setback requirements, increased allowable square footage, reduced parking requirements, and reduced fees — AB 1763: Requires jurisdictions to provide a density bonus to development projects that restrict 100% of units to low- and moderate - income households — AB 101: Requires jurisdictions to allow "low barrier navigation centers" by -right in areas zoned for mixed use and in nonresidential zones permitting multifamily uses (i.e., low -barrier, service -enriched shelter focused on moving people into more permanent housing) CITY OF NATIONAL CITY' FOCUSED GENERAL PLAN UPDATE I JUNE 2020118 157 of 165 Attachment No. 1 PLAN Background Legislation New legislation passed during 2019 related to: — Local Density Programs — Housing Element Requirements — Surplus Lands — Accessory Dwelling Unit (ADU) Streamlining — Removal of Local Barriers to Housing Production PLAN Background Legislation New legislation passed during 2019 related to: — Local Density Programs — Housing Element Requirements — Surplus Lands — Accessory Dwelling Unit (ADU) Streamlining Removal of Local Barriers to Housing Production — AB 686: Extends requirements for federal grantees and contractors to "affirmatively further fair housing" to public agencies in California (i.e., take meaningful actions that address specific disparities in housing needs and in access to opportunity) — AB 1255 and AB 1486: Seek to identify and prioritize State and local surplus lands available for housing development affordable to lower - income households — AB 2162 and SB 2: Address various methods and funding sources that jurisdictions may use to accelerate housing production CITY OF NATIONAL CITY 1 FOCUSED GENERAL PLAN UPDATE I JUNE 2020119 — SB 330: Changes local development policies, permitting, and processes through January 2025. Prevents decreasing the housing capacity of any site, establishing non-objective standards, and requires any proposed demolition of housing units to be replaced or exceed the total number of units demolished. CITY OF NATIONAL CITY FOCUSED GENERAL PLAN UPDATE 1 JUNE 20201 20 158 of 165 ) Attachment No. 1 PLAN Proposed Legislation Proposals to: — Restore property tax - based financing for affordable housing and infill — Lower the vote approval threshold to 55 percent for general obligation bonds and taxes PLAN Unsuccessful Legislation — Unsuccessful proposal for increased building height near major transit — SB 795 (Beall) Affordable Housing and Community Development Investment Program: Restore a property tax -based financing mechanism focused on building affordable housing and infill infrastructure (up to $2 billion annually) — ACA1 (Aguiar-Curry) Affordable Housing and Public Infrastructure: Would allow voters to lower the vote approval threshold from two- thirds to 55 percent for local general obligation bonds, sales taxes, or parcel taxes that invest in affordable housing and infrastructure CITY OF NATIONAL CITY I FOCUSED G ENERAL PLAN UPDATE I JUNE 2020121 — SB 50: Proposal to allow for increased building height to five stories near major transit stops or in job -rich areas 22 CITY OF NATIONAL CITY FOCUSED GENERAL PLAN UPDATE I JUNE 20201 22 159 of 165 1 Attachment No. 1 PLAN State Density Bonus Program — Allows for increased density for the provision of affordable and senior housing — Developers are entitled to benefits and waivers — Each jurisdiction is required to adopt an ordinance to comply with State law PLAN — Government Code section 65915 — Allows a developer to increase density above the maximum set under a local land use plan when a percentage of units are reserved for very low, low, or moderate income households or seniors — Developers are entitled to receive certain benefits, such as reduced parking standards, and other waivers — Each jurisdiction is required to adopt an ordinance specifying how compliance with State law will be implemented CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE 1 JUNE 20201 23 Local Policies and Incentives City of San Diego: Housing SD Augmented Density Bonus Program — Increased density bonus (beyond State's Density Bonus Program) — Increased number of development incentives — Reduced permit process — Reduced parking ratio — Off -site affordable dwelling units Middle Income Density Bonus Program — Under Development Nook — Ci(yiof San Diego (91 Affordable Micro -Units) CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JUNE 2020124 160 of 165 Attachment No. 1 PLAN Inclusionary Housing — Cities can require affordable/inclusionary housing — Example Program: City of San Diego — City of San Diego: Inclusionary Housing Program — Developers of 2+ housing units are required to pay an Inclusionary Affordable Housing Fee — Developments that set aside at least 1O% of housing units as affordable for at least 55 years can be exempt from the Inclusionary Housing Fee CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JUNE 2020 125 161 of 165 7 3 Attachment No. 1 PLAN 6th Cycle Regional Housing Needs Assessment (RHNA) Planning Period: 2021- 2029 Draft methodology approved by SANDAG Board on September 6, 2019 Target for this planning cycle: 5,437 units Net change from prior planning cycle: +3,574 units NATIONAL CITY DRAFT 6TH CYCLE RHNA ALLOCATION Very Low Income Low Income Moderate Income Above Moderate Income 31-50 51-80 81-120 >120 645 506 711 3,575 Total 5,437 Source. 6°" Cycle Draft RHNA Allocation SANDAG. CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JU N E 2020127 Strategies & Policy Considerations 162 of 165 Attachment No. 1 PLAN 6th Cycle Strategies and Policy Considerations PLAN 6th Cycle Strategies and Policy Considerations —Adopt an Accessory Dwelling Unit ordinance —Streamline housing approval processes — Develop objective design review standards —Analyze development impact fees — Adopt an inclusionary housing ordinance —Establish a local housing trust CITY OF NATIONAL CITY I FOCUSED GENERAL PLAN UPDATE I JUNE2020129 —Increase allowable heights and densities —Adopt transit -oriented development overlay (TODO) plan —Refine and implement parking requirements —Promote Fair Housing and Tenant Protections —Establish sustainable service models - an Enhanced Infrastructure Financing District (EIFD) or a similar financing tool CITY OF NATIONAL CITY FOCUSED GENERAL PLAN UPDATE I JUNE 20201 30 163 of 165 The following page(s) contain the backup material for Agenda Item: COVID-19 Update. (City Manager) Please scroll down to view the backup material. 164 of 165 Item # 06/02/20 COVID-19 Update (City Manager) 165 of 165