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Agenda Packet - 10-06-2020 CC HA Agenda - NOT FINAL
- 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, OCTOBER 6, 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 96 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 96 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 96 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 Latino/Hispanic Heritage Month and Recognizes Bertha Prado Juarez and Carlos Bastidas Juarez AWARDS AND RECOGNITIONS PRESENTATIONS (FIVE-MINUTE TIME LIMIT) 2. Farewell to the 2019-2020 Miss National City Court. (Community Services) INTERVIEWS / APPOINTMENTS 3. Interviews and Appointments: Current Vacancies and Expired Terms / Various Boards and Committees. (City Clerk) REGIONAL BOARDS AND COMMITTEE REPORTS (FIVE-MINUTE TIME LIMIT) CONSENT CALENDAR 4. 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) 5. Resolution of the City Council of the City of National City authorizing the Mayor to sign the Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. (Fire) 6. Resolution of the City Council of the City of National City accepting funds in the amount of $21,000 from the 2020 San Diego Regional Fire Foundation Grant for the National City Fire Department for the purchase of five portable radios, and authorizing the establishment of a Reimbursable Grants City - Wide Fund appropriation and corresponding revenue budget. (Fire) 4 of 96 7. Resolution of the City Council of the City of National City: 1) authorizing the acceptance of the County of San Diego's FY21 Community Enhancement Program grant funds of $5,000 for the special event "A Kimball Holiday", with no matching funds required; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego to receive grant funds; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $5,000 and corresponding revenue budget. (Community Services) 8. Resolution of the City Council of the City of National City authorizing the City Manager to execute a Short Term Lease Agreement between the City of National City and Westfield Property Management LLC, with an indemnity and hold harmless in favor of the Westfield Property Management LLC, for a Halloween themed drive-in movie at Plaza Bonita located at 3030 Plaza Bonita Road. (Community Services) 9. Investment transactions for the month ended July 31, 2020. 10. Warrant Register #7 for the period of 8/12/20 through 8/18/20 in the amount of $1,177,350.18. (Finance) 11. Warrant Register #8 for the period of 8/19/20 through 8/25/20 in the amount of $1,806.685.05. (Finance) PUBLIC HEARINGS: ORDINANCES AND RESOLUTIONS 12. Public Hearing and Introduction of an Ordinance of the City Council of the City of National City Repealing Chapter 10.32 of Title 10 of the National City Municipal Code regarding Impersonating a Member of the Opposite Sex. (City Attorney) NON CONSENT RESOLUTIONS 13. Resolution of the City Council of the City of National City approving the FY19 Staffing for Adequate Fire and Emergency Response (SAFER) Hiring grant and the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budget in the amount totaling $1,518,729 for hiring five firefighters for the next three years. (Fire) NEW BUSINESS B. COMMUNITY DEVELOPMENT COMMISSION - HOUSING AUTHORITY CONSENT RESOLUTIONS - HOUSING AUTHORITY 14. Resolution of the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") authorizing the Executive Director to execute an Assignment and Assumption Agreement between South Bay 5 of 96 Community Services, Community CAPS, LLC and the CDC -HA. (Housing Authority) PUBLIC HEARINGS: RESOLUTIONS - HOUSING AUTHORITY NON CONSENT RESOLUTIONS - HOUSING AUTHORITY NEW BUSINESS - HOUSING AUTHORITY C. REPORTS STAFF REPORTS 15. Community Services Report. (Audrey Denham) 16. Public Safety Report. (Chief Jose Tellez) 17. City Manager Report. (City Manager) MAYOR AND CITY COUNCIL CLOSED SESSION CLOSED SESSION REPORT ADJOURNMENT Regular Meeting of the City Council and Community Development Commission - Housing Authority of the City of National City - Tuesday - October 20, 2020 - 6:00 p.m. - Council Chambers - National City, California. 6 of 96 The following page(s) contain the backup material for Agenda Item: National City Celebrates Latino/Hispanic Heritage Month and Recognizes Bertha Prado Juarez and Carlos Bastidas Juarez Please scroll down to view the backup material. 7 of 96 Item # 10/06/20 National City Celebrates Latino/Hispanic Heritage Month and Recognizes Bertha Prado Juarez, Carlos Bastidas Juarez and Memo Cavada 8 of 96 /J$_J�`'��TUI FROM THE OFFICE OF THE MAYOR OF NATIONAL CITY National City Celebrates Latino/Hispanic Heritage month with recognition to Bertha Prado Juarez and Carlos Bastidas Juarez for their contributions WHEREAS, The City of National City joins the nation in celebrating Latino/Hispanic Heritage Month from September 15, 2020 to October 15, 2020. This month -long celebration recognizes the valuable contributions made by residents of Latino/Hispanic descent to all aspects of American life including leadership in public service, business, the arts, education and civil rights; and WHEREAS, during Latino/Hispanic Heritage Month and throughout the year, it is imperative to embrace our diverse history so that all children can see themselves in our Nation's past and know that they have a crucial role to play in its future; and WHEREAS, Since 1988, the United States has observed National Latino/Hispanic Heritage month, commemorating the independence of Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico and Nicaragua. Latinos/Hispanics in the United States have helped establish America as a place of freedom and opportunity, and their contributions continue to enrich our Nation's character, and WHEREAS, Bertha and Carlos "Beaver" Juarez were married at Saint Anthony's of Padua in National City on September 27, 1952 which followed by a reception at Casa de Salud in Old Town National City. Together they raised six children in National City. Bertha and "Beaver" Juarez were awarded the SUHI fan award for attending every home and away football game for 40 years. The Juarez family includes 4 generations of SUHI alums. WHEREAS, Carlos "Beaver" Juarez is a native of National City and has lived in National City his entire life. Beaver attended Kimball Elementary, National City Middle School and graduated from Sweetwater High School in 1951. He received a scholarship to attend Chouinard Art Institute in Los Angeles. He came back home and worked in National City for over 20 years at C&M Meats. WHEREAS, Bertha Prado Juarez attended every one of her children and grandchildren's game and was a true supporter of SUHI athletics. Bertha was on the Board of the National City Girls Softball league and the OTNC Westside committee. Together they coached, mentored and supported athletes through the generations. NOW THEREFORE, I, MAYOR ALEJANDRA SOTELO-SOLIS OF NATIONAL CITY, on this day, October 6, 2020, recognize Latino/Hispanic Heritage month and recognize Bertha Prado Juarez and Carlos Bastidas Juarez For their dedication to the community of National City and congratulate them for their service to the City of National City. Mona Rios Vice Mayor Gonzalo Quintero Council Member Alejandra Sotelo-Solis Mayor -- CALIFORNIA \TION2A CliTy Ron Morrison Council Member Jerry Cano Council Member NATIONAL CITY, CALIFORNIA • INCORPORATED 1887 Yaa mew¢vnwnx000uaiin 9 of 96 The following page(s) contain the backup material for Agenda Item: Farewell to the 2019- 2020 Miss National City Court. (Community Services) Please scroll down to view the backup material. 10 of 96 Item # 10/6/20 FAREWELL TO THE 2019-2020 MISS NATIONAL CITY COURT. (Community Services) 11 of 96 The following page(s) contain the backup material for Agenda Item: Interviews and Appointments: Current Vacancies and Expired Terms / Various Boards and Committees. (City Clerk) Please scroll down to view the backup material. 12 of 96 CITY OF NATIONAL CITY, CALIFOFNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 06, 2020 AGENDA ITEM NO. ITEM TITLE: Interviews and Appointments: Current Vacancies & Expired Terms / Various Boards and Committees. (City Clerk) PREPARED BY: Michael R. Dalla PHONE: 619-336-4226 EXPLANATION: See attached DEPARTMENT: City CI rk APPROVED BY: % FINANCIAL STATEMENT: ACCOUNT NO. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Re -appoint and appoint as desired BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation Applications 13 of 96 BOARDS & COMMISSIONS — CURRENT VACANCIES AND EXPIRED TERMS October 6, 2020 CIVIL SERVICE COMMISSION (Appointing Authority: City Council / Staff Liaison: Robert Meteau) There is one (1) vacancy and one (1) new application. Name Interviewed Jhoana Alvarado No LIBRARY BOARD OF TRUSTEES (Appointing Authority: Mayor subject to confirmation by City Council / Staff Liaison: Minh Duong) There are two (2) expiring terms on the Library Board and no new applicants. Both incumbents has stated a desire to be reappointed. Name Interviewed Margaret Godshalk Incumbent Raymond Juarez Incumbent PARKS, RECREATION & SENIOR CITIZENS ADVISORY BOARD (PRSCAB) (Appointing Authority: Mayor subject to confirmation by City Council / Staff Liaison: Audrey Denham) There are three (3) expiring terms on the PRSCAB. One incumbent desired reappointment (Cordoba), one (1) declines reappointment (Cesena) and one (1) has moved out of the City. There are no new applicants. Name Interviewed Yvonne Cordoba Incumbent PUBLIC ART COMMITTEE (Appointing Authority: Mayor subject to confirmation by City Council / Staff Liaison: Audrey Denham) There is one (1) expiring term on the Public Art Committee (Nunez). The incumbent desires to be reappointed. Name Interviewed Nadia Nunez Incumbent TRAFFIC SAFETY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council / Staff Liaison: Luca Zappiello and Carla Hutchinson) There is one (1) expiring term on Traffic and Safety. The incumbent (Whipple) desires to be reappointment Name Interviewed Ryan Whipple Incumbent d 14 of 96 VETERANS AND MILITARY FAMILIES ADVISORY COMMITTEE (Appointing Authority: Mayor, subject to confirmation by City Council / Staff Liaison: Lauren Maxilom) There are seven (7) vacancies on the seven member Committee, The newly forming Committee is to be made up of five (5) residents and up to two (2) non-resident members. The below listed members of the previous Veterans Committee are interested and eligible for appointment with no interview required. There are (3) new applicant (Jhoana Alvarado, Maria Elena Hernandez, and Armando Telles). Name Jhoana Alvarado Maria Elena Hernandez Armando Telles Residents Jessie Aguilar -Perez Shirley Ferrill Natalie Limbaga Non -Residents Talisin Burton Christina Griffin Mona Minton James Slade 2 Interviewed No Resident No Resident No Non -Resident Not required Not required Not required Not required Not required Not required Not required 15 of 96 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 y/Veterans & Military Families Advisory Committee* Vivil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: hDanc, A\varado E-Mail: Home Address 1 ijO (Include City/Zip) Business Affiliation: Business Addres Length of Residence in National Cit Educational Background: ()'-n e whale s U d-4-cfr,u,e\ Occupational Expe ' nce: COS+) p(i-e1 b. r lase_4 r& (cI/crco '+fit Orr oncoC 1 ,i[RSZD e San Die 1-)-1 diomc, TelNotP[CO LICI —6S Title., Q i ti(6 lI ASS 5, J{LI 09.Tel. No.: 8 o County B (4dalifornia: rtqa— Scum ktiiv 09 W ct iqq, Y U L tiff , b rt- 1 g-or‘J t-t-h piCul { (o 1.__ Professional or Technical Organization Memberships: I r SJ u-k, C),o7i w e 1I /fir Civi or Community Expence, Membershi., ., Previ.0 Public Servic: Appo'ritments: vi ; v to v Experience or Special Kno e 'ertaining to Area of Interest: Have you ever been convicted of a felony crime? No:' Yes:_ misdemeanor crime? NA Yes: _ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. Please feel free to pro ' e addit' nal information or letters of endorsement. Return completed form to: Office of the i y 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 may be released to the public upon request. 3 Rev. February 2020 16 of 96 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 Public Art Committee* Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. ➢ Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: M4 R L.i✓ A t-1-a A,J9E--7-- E-Mail: MCA\Ae irYt_1deL acyrkkTt l . Home Address: 2 U3 4 ,IE tAJ4 ti rLc it Te No: (E29' 1 1 (Include City/Zip) Business Affiliation: i\i/t Business Address: ti JA Title: /i//A Tel. No.: ,J/ Length of Residence in National City: San Diego County: 9yieS California: :.5 ylaS Educational Background: T - 6f,/ Sr.j-��d� �7� [i44) Occupational Experience: =� � & i . 'AAy7 Se vr; j( 1--n- -6, 0, 5, Mkt Professional or Technical Organization Memberships: \�-� Civic or Community Experience, Membership, or Previous Public Service Appointments: Experience or Special Knowledge Pertaining to Area of Interest: :ems c t.r }- ,��r Pt-,.O \{ : L:JELL Have you ever been convicted of a felony crime? No: Yes: misdemeanor crime? No:X Yes: _ If any convictions were expunged disclosure is not required. Convictions are not necessarily disqualifying. Please feel free to provide an explanation or information if "Yes" was marked for the above two questions. A,o E Date: c1-- Signature: ri Geer 1 Please feel free to provide additional information 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 may be released to the public upon request. Rev. February 202 r17 of 96 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 X Veterans & Military Families Advisory Committee* Civil Service Committee Planning Commission Public Art Committee* Traffic Safety Committee Advisory Housing Committee* Applicants must be residents of the City of National City except for those marked by an asterisk (*). All applicants must be U.S. Citizens. Y Applicants for the Community and Police Relations Commission must pass a criminal background check prior to appointment. y Applicants for the Advisory Housing Committee must have subject matter expertise in housing -related issues. Name: ARMANDO TELLES E-Mail: info(a�armandotelles.com Home Address:813 La Rue Avenue, Fallbrook, CA 92028 Tel No: (760) 847-1480 (Include City/Zip) Business Affiliation: Self -Employed Title: Consultant Business Address: 813 La Rue Avenue, Fallbrook, CA 92028 Tel. No.: (760) 847-1480 Length of Residence in National City:0 San Diego County:13 years California: 35 years Educational Background: Sociology, Palomar College (transferred); California Latino Caucus Institute, Academy XV, XVI, XVII, XVIII, XIX Occupational Experience: Civic engagement professional, 15+ years; Consultant, 10 yrs Professional or Technical Organization Memberships: Civic or Community Experience, Membership, or Previous Public Service Appointments: American G.I. Forum; Escondido USD Independent Citizens' Oversight Committee; Vice President of Leadership, Phi Theta Kappa- Alpha Omega Rho Chapter; California Latino Caucus Institute, Veterans Leadership Academy Experience or Special Knowledge Pertaining to Area of Interest: USMC veteran; inaugural member of the National City Veterans Advisory Working Group; former State Secretary of American G.I. Forum - California Chapter 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 if "Yes" was marked for the above two questions. Date:9/25/2020 Signature: Please feel free to provide additional information or letters of endorsement. Return completed form to: Office of the City Clerk, 1243 National City Blvd., National City, CA 91950 18 of 96 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 96 Item # 10/06/20 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 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the Mayor to sign the Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. (Fire) Please scroll down to view the backup material. 21 of 96 CITY OF NATIONAL 1CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO. i ITEM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to sign the Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. (Fire) PREPARED BY: Frank Parra DEPARTMENT: PHONE: ''619-336-4551 APPROVED BY: EXPLANATION: The National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District (DISTRICT) since March 1982. On September 18, 2008, the City and the District entered into an Agreement, which the First Amendment was approved on October 1, 2010, extending the term of the agreement to September 30, 2020. This Second Amendment further extends the Agreement from October 1, 2020 to September 30, 2030. The City currently collects 80% of the Fire assessment fee collected by the County to provide for Fire protection. The City feels that the 10 year term allows for long range planning and is consistent with current EMS State regulations that allow for 10 year terms in regards to EMS services. The contract also provides for any revenue in excess after two years of reserve can be used for an equipment replacement fund for the National City Fire Department. FINANCIAL STATEMENT: APPROVED: t Z ACCOUNT NO. APPROVED: Finance MIS Lower Sweetwater Fire Protection District Revenue Account # 001-12125-3555 and Expenditure Account # 001-412-125-519-0000 yearly revenue for FY-20 was $289,242.46 ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Authorize the Mayor to sign the Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. BOARD I COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Second Amendment to the Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District 2. Resolution 22 of 96 SECOND AMENDMENT TI THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOB". SWEETWATER FIRE PROTECTION DISTRICT THIS SECOND AMENDMENT TO THE AGREEMENT FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT is entered into this 1ST day of October 2020, by and between the City of National City ("CITY") and the Lower Sweetwater Fire Protection District ("DISTRICT"). WITNESSETH WHEREAS, the CITY has been providing fire protection and emergency medical services to the DISTRICT pursuant to the Agreement since November 17, 1998; and WHEREAS, on September 16, 2008, the CITY and DISTRICT entered into an agreement entitled "Agreement for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District" ("Agreement"); and WHEREAS, a First Amendment to the Agreement was executed on October 1, 2010 extending the term of the agreement to September 30, 2020; and WHEREAS, the DISTRICT was organized to provide fire protection to its citizens; and WHEREAS, the CITY lies contiguous to the DISTRICT territory and maintains professional fire protection and emergency medical service within its CITY; and WHEREAS, the CITY is willing to continue to provide fire protection, emergency medical and related services to the DISTRICT. NOW, THEREFORE, IT IS MUTUALLY AGREED BY AND BETWEEN TrIE PARTIES HERETO AS FOLLOWS: 1. Section 1 of the Agree ent is amended as follows: GENERAL PROVISIONS. The CITY agrees to provide fire protection and emergency medical services to the DISTRICT. Furthermore, the CITY agrees to include the DISTRICT in the CITY's paramedic service area, as long as said service remains a non -subsidized service to the CITY. In addition, the CITY agrees to provide the following fire prevention related services: Code Enforcement/Weed Abatement. The DISTRICT shall agree to adopt the Uniform Fire Code and amendments as specified by the National City Fire Department. Prior to the adoption of the Uniform Fire Code and amendments, the DISTRCT will receive a 30-day notice to allow for review of the Uniform Fire Code and amendments. Enforcement procedures shall be developed by the National City Fire Marshal and shall meet with the approval of the National City Director of Emergency Services and the DISTRICT Board of Directors. Enforcement procedures shall be based on a "complaint basis only". Complaints received by the National City Fire Department shall be investigated and a written report submitted to the DISTRICT Board of Directors. The DISTRICT Board of Directors shall advise the Page 1 23 of 96 National City Fire Department on action to be taken. The National City Fire Department reserves the right to take immediate action on complaints received that represent an i aminent hazard to life and property (including hazardous materials) whenever necessary. In such cases, a written report shall be submitted to the DISTRICT Board of Directors of any action taken by the National City Fire Department. The issuance of permits as set forth in the Uniform Fire Code is included as Code Enforcement. All weed abatement enforcement actions shall be carried out in accordance with the CITY's Abatement Ordinance and the Uniform Fire Code. Building Plan Review. Plan checks shall be done in accordance with the Uniform Fire Code as adopted by the CITY. Business Fire Safety Inspections. Shall be conducted by the National City Fire Department at the request of the business owner/manager only. Enforcement procedures shall be in accordance with the Uniform Fire Code, National Fire Protection Association (NFPA), and Municipal Codes and Ordinances The DISTRICT Board of Directors shall be advised in writing by the National City Fire Department of any action taken in those cases where an imminent hazard has been found to exist. Legal Services. It is understood that the CITY's City Attorney will provide no legal services regarding any of the fire prevention related services described above. 2. Section 2 of the Agreement is modified by adding the following: TERM. This Second Amendment is effective as of October 1, 2020 and shall continue in full force and effect until September 30, 2030, or until either party exercises the right to terminate as setforth in Section 3 "TERMINATION". 3. Section 3 of the Agreement is amended as follows: TERMINATION. This agreement may be terminated by either of the parties hereto upon delivery of a written notice of intent to terminate from the initiating governing body to the other governing body. Said termination shall become effective three (3) months from the delivery of notice or as mutually agreed upon by the parties. 4. Section 4 of the Agreement is amended as follows: QUARTERLY SERVICE FEE PAYMENTS. The DISTRICT will provide monthly property tax revenue statements to the CITY. For each quarter year during the term of this agreement, commencing on October 1, 2020, and continuing thereafter of each subsequent quarter year (i.e. January 1, April 1, July 1, and October 1), the DISTRICT agrees to pay the CITY quarterly payments for services. Fire Prevention Services shall be charged according to the current CITY's Fee Schedule. 5. Section 5 of the Agreement is amended as follows: QUARTERLY SERVICE FEE ADJUSTMENTS. Each quarter, the quarterly service fee payment will be adjusted based on the monthly property tax revenue statements provided by the DISTRICT. For example, the quarterly service fee that is due on October ls` will be based on adjustments for the quarter (i.e. July, August, and September). The quarterly service fee will be calculated based on 80% of DISTRICT monthly property tax revenue. 6. Section 6 of the Agreement is amended as follows: EQUIPMENT REPLACEMENT PLAN. The DISTRICT shall pay the City by December 1, 2020 for one fully equipped fire engine for $531,439.13. The DISTRICT will maintain a reserve balance of Page 2 24 of 96 $250,000 for FY 2020/2021. The DISTRICT will inform the CITY of changes to the reserve made during the annual budget process. DISTRICT funds in excess of the designated reserve shall be made available to the CITY as equipment replacement funds. Equipment replacement funds paid by the DISTRICT shall be used exclusively for the purchase of new National City Fire Department vehicles and operational fire and emergency medical equipment. Equipment replacement funds are separate and distinct from quarterly service fee payments. The Director of Emergency Services will make all recommendations for expenditures of equipment replacement funds subject to City Council approval. Equipment funded by the DISTRICT shall be property of the CITY. 7. Section 7 of the Agreement is amended as follows: IMPLEMENTATION. The CITY and the DISTRICT shall exercise their best efforts to implement the terms and conditions of this agreement. 8. Section 8 of the Agreement is amended as follows: NO MANDATOI" Y DUTY. The obligations assumed by the CITY pursuant to this agreement shall not create a mandatory duty on the part of the CITY or any officer or employee of the CITY under Section 815.6 of the California Government Code. 9. Each and every provision of the Agreement shall remain in full force and effect, unless specifically amended by this Second Amendment. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein set forth. CITY OF NATIONAL CITY LOWER SWEETWATER FIRE PROTECT( N DISTIL I CT By. By: � � 1 �� i )? �...� Alejandra Sotelo-Solis, Mayor urt Worden, President ATTEST: Michael Dalla, City Clerk APPROVED AS TO FBI}RM: Angil P. Morris -Jones, City Attorney Page 25 of 96 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO SIGN THE SECOND AMENDMENT TO THE AGREEMENT BY EXTENDING THE TERM TO SEPTEMBER 30, 2030 FOR FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES FOR THE LOWER SWEETWATER FIRE PROTECTION DISTRICT WHEREAS, the National City Fire Department has provided fire protection and emergency medical services to the Lower Sweetwater Fire Protection District ("DISTRICT") since March 1982; and WHEREAS, on September 18, 2008, the City of National City ("City") and the District entered into an Agreement; and WHEREAS, the First Amendment was approved on October 1, 2010, extending the term of the Agreement to September 30, 2020; and WHEREAS, the Second Amendment further extends the Agreement from October 1, 2020 to September 30, 2030; and WHEREAS, the City currently collects 80% of the Fire Assessment fee collected by the County to provide for fire protection; and WHEREAS, City staff recommends the 10 year term to allow for long range planning and is consistent with current EMS State regulations that allow for 10 year terms in regards to EMS services. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby authorize the Mayor to sign the Second Amendment to the Agreement by extending the term to September 30, 2030 for Fire Protection and Emergency Medical Services for the Lower Sweetwater Fire Protection District. PASSED and ADOPTED this 6th day of October, 2020. Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 26 of 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City accepting funds in the amount of $21,000 from the 2020 San Diego Regional Fire Foundation Grant for the National City Fire Department for the purchase of five portable radios, and authorizing the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget. (Fire) Please scroll down to view the backup material. 27 of 96 MEETING DATE: CITY)OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT October 6, 2020 AGENDA ITEM NO. f ITEM TITLE: Resolution of the City Council of the City of National City accepting funds in the amount of $21,000 from the 2020 San Diego Regional Fire Foundation Grant for the National City Fire Department for the purchase of five portable radios, and authorizing the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fir PHONE: 1'619-336-4551 APPROVED BY: EXPLANATION: Through the 2020 Grant, the San Diego Regional Fire Foundation has awarded funds to the City of National City to support the significant needs of our community in battling COVID-19. The San Diego Regional Fire Foundation has provided a check in the amount of $21,000 for the purchase of five portable radios. Staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $21,000. FINANCIAL STATEMENT: APPROVED: ACCOUNT NO. Ex. 001-412-000-355-0000 / Rev. 001-12000-3470 APPROVED: No matching City funds required. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Approve the Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Award Letter and Check Resolution 28of961 • THE SAN DIEGO REGIONAL FIRE FOUNDATION September 10, 2020 Fire Chief Frank Parra National City Fire Department 1243 National City Blvd. National City, CA 91950 Dear Chief Parra: CONGRATULATIONS, your department has been selected to receive a grant from the San Diego Regional Fire Foundation. Your grant total is $21,000 for the purchase of 5 800MHZ handheld radios with batteries and chargers. The funding for this equipment is made possible thanks to grant support from The San Diego Regional Disaster Fund at the San Diego Foundation. Any maintenance or additional equipment needed to operate the equipment covered by this grant is the responsibility of your department. By cashing the attached check, and using other funding you have available, you are agreeing to acquire the equipment as set forth in this letter and that you will provide the Fire Foundation a letter stating that all the equipment and supplies have been purchased with receipts within 60 days after you acquire the equipment. We would also appreciate receiving pictures of the equipment and hearing more about how it is benefiting your firefighters and the community. The Fire Foundation Board of Directors is pleased to be able to financially assist your department in providing to pali service to your community. RECEIVED _.............cc?--.�_�c�= SAN DIEGO REGIONAL FIRE FOUNDATION 2508 HISTORC DECATUR RD STE 200 SAN DIEGO, CA 92106-8138 PAY TOTHE ORDER OF FOR 4 DATE ,J A c' all -Poo p.�,,. 1 r}IA. Ao.Qcx5o2086 COAST<Atarl Sontlrege,CA 4215Q2080 Q A 16 N IA5 d95-}6QO r • lip(do ---DOLL"ARS- 90-8157/3222 000 i86kle L: 3 2 2 28 15 ?8E: ? 50 C 2 388 2 30 29 of 96 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY ACCEPTING FUNDS IN THE AMOUNT OF $21,000 FROM THE 2020 SAN DIEGO REGIONAL FIRE FOUNDATION GRANT FOR THE NATIONAL CITY FIRE DEPARTMENT FOR THE PURCHASE OF FIVE PORTABLE RADIOS, AND AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITY-WIDE FUND APPROPRIATION AND CORRESPONDING REVENUE BUDGET WHEREAS, the San Diego Regional Fire Foundation through the 2020 Grant, has awarded funds to the City of National City to support the significant needs of our community in battling COVID-19; and WHEREAS, the San Diego Regional Fire Foundation has provided a check in the amount of $21,000 for the purchase of five (5) portable radios; and WHEREAS, City staff recommends the establishment of an appropriation and corresponding revenue budget in the amount of $21,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby accept funds in the amount of $21,000 from the 2020 San Diego Regional Fire Foundation Grant for the National City Fire Department for the purchase of five (5) portable radios. BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the establishment of a Reimbursable Grants City -Wide Fund appropriation and corresponding revenue budget in the amount of $21,000. PASSED and ADOPTED this 6th day of October, 2020 Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 30 of 96 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 acceptance of the County of San Diego's FY21 Community Enhancement Program grant funds of $5,000 for the special event "A Kimball Holiday", with no matching funds required; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego to receive grant funds; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $5,000 and corresponding revenue budget. (Community Services) Please scroll down to view the backup material. 31 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City, 1) authorizing the acceptance of the County of San Diego's FY21 Community Enhancement Program grant funds of $5,000 for the special event "A Kimball Holiday", with no matching funds required; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego to receive grant funds; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $5,000 and corresponding revenue budget. PREPARED BY: Audrey Denham DEPARTMENT: mu pity Se t�s PHONE: 619-336-4243 APPROVED BY: EXPLANATION: In January 2020, Community Services staff applied for the County of San Diego's (County) Community Enhancement Program grant (the Program) to support the City's annual special event "A Kimball Holiday". The Program is funded by a set percent of Transient Occupancy Tax revenues. The goal of the Program is to stimulate tourism, promote the economy, create jobs, or provide a better quality of life. In July 2020, the County asked applicants to reconsider grant submittals and make adjustments due to pandemic restrictions. City staff resubmitted their grant with a new pandemic friendly "A Kimball Holiday" event, which includes a Santa Cruise and Drive-in Movie. For FY21, the City was awarded $5,000 in grant funds; the City has received grant funds from the Program for 4 years, since FY18. FINANCIAL STATEMENT: APPROVED: L-0/4ad X4 FINANCE ACCOUNT NO. APPROVED: 282-00000-3474 (Reimbursable Grants Citywide Fund county grants account) - $5,000.00 282-441-340-264-0000 (Reimbursable Grants Citywide Fund promotional materials account) - $5,000.00 No financial impact on the City's General Fund budget. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION U MIS STAFF RECOMMENDATION: Adopt the Resolution 1) authorizing the acceptance of the County of San Diego's FY21 Community Enhancement Program grant funds of $5,000; 2) authorizing the City Manager to execute an agreement between the City of National City and the County of San Diego; 3) and authorizing the establishment of a Reimbursable Grants Citywide Fund appropriation of $5,000 and corresponding revenue budget. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Grant Agreement 2. Resolution 32 of 96 County office use only P—1001836 0-12900 E — 53666 T — 001 A-100122 Supplier # — 1114069 COMMUNITY ENHANCEMENT PROGRAM GRANT AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND City of National City This Grant Agreement is entered into between the County of San Diego, a political subdivision of the State of California (County), and City of National City, a Non -Profit Corporation (Grantee) on with an effective date of 08/04/2020. WHEREAS during the 1982-83 fiscal year, the San Diego County Board of Supervisors established the Community Enhancement program; and WHEREAS, pursuant to Board of Supervisors Policy B-58, the purpose of this Program is to provide funds to nonprofit and/or tax exempt organizations that stimulate tourism, promote the economy, create jobs, and improve the quality of life throughout San Diego County; and WHEREAS, the County funds this program primarily with the County's Transient Occupancy Tax; and WHEREAS, on 08/04/2020, the Board of Supervisors allocated the grant funding set forth in this Agreement for the purpose described in this Agreement. NOW, THEREFORE, the parties agree as follows: 1. Amount of Grant. The County agrees to pay Grantee the amount of $5,000.00. Under no circumstances is County obligated to pay Grantee more than this amount. County shall pay Grantee after County receives a signed copy of this Agreement from Grantee. 2. Purpose of Grant. Grantee shall use the grant funds provided by County under this Agreement solely for the following purpose: To fund A Kimball Holiday event for the enjoyment of the community. The event's various programs bring together community members and highlight the City of National City, enhancing the local quality of life. 3. Term of Agreement. The term of this Agreement shall be for 13 months starting on the effective date as specified above. 4. Time Period for Use of Grant Funds and Documentation of Expenditures. (a) Grantee shall spend all grant funds provided by the County for the purposes specified in Paragraph 2 before the end of the Term of Agreement. (b) Grantee shall complete Documentation of Contract Costs report setting forth Grantee's total actual expenditures of the grant funds provided under this Agreement. Grantee shall submit this documentation to the County's administrator promptly after spending the grant funds, but in no event later than 30 days after the end of the Term of Agreement specified above. If the parties agree to extend the Term of Agreement, Grantee shall submit this expenditure documentation not later than 30 days after the end of the extended Term. (c) Grantee shall retain copies of all receipts, invoices, cash register tapes and other direct evidence of the expenditure of funds for which grant funds are used for the duration of the audit period specified in Paragraph 8. (d) If the County's administrator: (i) determines that the Grantee failed to spend all of the grant funds 1 33 of 96 (ii) disallows any expenditure by Grantee; (iii) determines that the grant funds provided exceed Grantee's total actual expenditures authorized under this Agreement; or (iv) grant funds were used in a manner contrary to Paragraphs 2 or 5 Grantee shall refund to the County the amount specified by the County's administrator. Grantee shall make this refund within 7 County business days after receiving a written request for refund from the County's administrator. In its sole discretion, the County may offset the refund amount from any payment due to or to become due to Grantee under this Agreement or any other agreement with the County. (e) If Grantee fails to provide the required documentation of expenditures as required in Subparagraph (b) and (c) above, the County's administrator may request Grantee to refund to the County all or any portion of the grant funds provided under this Agreement. Within 7 County business days of receipt of a written request for a refund, Grantee shall refund to the County the amount specified by the County's administrator. (f) If Grantee incurs expenses before the County pays the grant under this Agreement, the County will reimburse Grantee in an amount not to exceed the amount specified in Paragraph 1 upon submission of documentation to County's administrator setting forth Grantee's actual expenditures for the purpose specified in Paragraph 2 and approval of the documentation by County's administrator. 5. Restrictions on use of grant funds. (a) Grant funds shall not be used for any purpose prohibited by laws governing the use of public funds including, but not limited to, religious purposes, political campaigning, or purely private purposes or activities. (i) If Grantee provides or participates in any activity for which public funds may not be used, such as religious activities, Grantee shall inform the County of this activity before accepting any grant funds. Grantee shall ensure that no grant funds awarded pursuant to the Agreement are used to support in any manner said activity. (b) Grantee shall not spend any grant funds on food or beverages. (c) Grantee shall not donate any grant funds to a third party. (d) Grantee may not include in its Documentation of Grant Expenditures report under this Agreement any expenditures for which Grantee has received or is or will be claiming funding from any other source. (e) Grantee shall not assign or transfer any interest in this Agreement (whether by assignment or novation), without the prior written consent of the County. (f) Grantee shall comply with Board Policy B-58. (g) Grantee's failure to comply with any provision in Paragraph 5 shall constitute a material breach of this Agreement. 6. Administrator of Agreement. The Office of Financial Planning in the Chief Financial Officer's Office shall administer this Agreement on behalf of the County, and Elyana Delgado at (619) 336- 4352 shall administer it on behalf of Grantee. County and Grantee may from time to time designate a different administrator by providing notice in the manner required by Paragraph 7. 7. Notice. All communications from Grantee to the County shall be sent to the Chief Financial Officer as listed below. Any notice or notices or other documentation required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: CE 2 34 of 96 County: Chief Financial Officer Office of Financial Planning County of San Diego 1600 Pacific Highway Room 352 San Diego, CA 92101 Grantee: City of National City City of National City National City branch 1243 National City Blvd. National City, CA 91950 Notices that are personally served shall be deemed delivered on the date served. Notices sent by certified mail shall be deemed delivered 5 County business days after mailing. County and Grantee may from time to time designate a new address for providing notice by providing notice of the new address in accordance with this Paragraph. 8. Audit and Inspection of Records. At any time during normal business hours and as often as the County may deem necessary, the Grantee shall make available, within 5 County business days of the receipt of a request, to the County for examination all of its records with respect to all matters covered by this Agreement and will permit the County to audit, examine and make excerpts or transcripts from such records, and make audits of all invoices, materials, payrolls, records of personnel and other data relating to all matters covered by this Agreement. Unless otherwise specified by the County, said records shall be made available for examination within San Diego County, California. Grantee shall maintain such records in an accessible location and condition for a period of not less than 4 years following receipt of final payment under this Agreement unless County agrees in writing to an earlier disposition. The State of Califomia or any Federal agency having an interest in the subject of this Agreement shall have the same rights conferred upon County by this Agreement. 9. Termination of Agreement for Cause. If Grantee fails to perform its obligations according to this Agreement, the County may send Grantee a written notice of default that specifies the nature of the default. Grantee shall cure the default within 3 County business days following receipt of the notice of default. If Grantee fails to cure the default within that time, the County may terminate this Agreement by giving Grantee written notice of immediate termination. Upon termination, Grantee shall promptly provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. The County may also seek any and all legal and equitable remedies against Grantee for breaching this Agreement. 10. Termination for Convenience of County. County may terminate this Agreement at any time by giving written notice to Grantee of such termination and specifying the effective date thereof at least 30 County business days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditures for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 11. Termination for Convenience of Grantee. Grantee may terminate this Agreement at any time by giving written notice to County's administrator of such termination and specifying the effective date thereof at least 60 County business days before the effective date of such termination. On or before the date of termination, Grantee shall provide County's administrator with Documentation of Grant Expenditures setting forth Grantee's total actual expenditures for the purpose of the grant as of the effective date of termination. Grantee shall promptly refund to County all funds County paid to Grantee under this Agreement that exceed Grantee's total actual expenditure for the purpose of the grant, as determined by County's administrator, as of the effective date of termination. 3 35 of 96 12. Interest of Grantee. Grantee covenants that Grantee presently has no interest, including, but not limited to, other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with Grantee's completing the purpose of the grant as specified in Paragraph 2. Grantee further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by Grantee. 13. Publication, Reproduction and Use of Material. No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other Country. The County shall have unrestricted authority to publish, disclose, distribute, and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Insurance. Grantee shall maintain such insurance as will fully protect both Grantee and County from any or all claims under any workers' compensation act or employer's liability laws, and from any and all claims of whatsoever kind or nature for the damage to property or for bodily injury, including death, made by anyone whomsoever which may arise from operations carried on under this Agreement, either by Grantee or by anyone directly or indirectly engaged or employed by Grantee. Grantee shall exonerate, indemnify and hold harmless County from and against, and shall assume full responsibility for payment of all federal, state and local taxes or contributions imposed or required under unemployment insurance, social security and income tax laws with respect to Grantee and Grantee's employees engaged in performance of this Agreement. County and its agents and employees shall not be, or be held, liable for any liabilities, penalties, or forfeitures, or for any damage to the goods, properties, or effects of Grantee. 15. Independent Capacity. In the performance of this Agreement, Grantee and its agents, employees and volunteers shall act in an independent capacity and not as officers, employees, agents or volunteers of the County. This Agreement does not create an employment relationship between Grantee and the County. 16. Equal Opportunity. Grantee will not discriminate against any employee, or against any applicant for such employment because of age, race, color, religion, physical handicap, ancestry, sex, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. 17. Defense and Indemnity. County shall not be liable for, and Grantee shall defend and indemnify County and its officers, agents, employees and volunteers (collective, "County Parties") against any and all claims, deductibles, self -insured retentions, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (collectively, "Claims"), which arise out of or are in any way connected to County's provision of funds and/or Grantee's use of County funds under this Agreement arising either directly or indirectly form any act, error, omission or negligence of Grantee or its officers, employees, agents, contractors, licensees or servants, including without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of County Parties. Grantee shall have no obligation; however, to defend or indemnify County Parties from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of County Parties. 18. Governing Law. This Agreement shall be construed and interpreted according to the laws of the State of California. 19. Complete Agreement. This Agreement constitutes the entire agreement between Grantee and County regarding the subject matter contained herein. All other representations, oral or written, are superseded by this Agreement. Neither party is relying on any representation outside of this Agreement. This Agreement may be changed only by written amendment signed by both parties. 20. Waiver. The failure of either party to enforce any term, covenant or condition of this Agreement shall not be construed as a waiver of that parry's right to subsequently enforce this, or any other term, covenant or condition of this Agreement. No waiver shall be deemed effective unless the waiver is expressly stated in writing and signed by the party waiving the right or benefit. 21. Consultation with Counsel. Each party has had the opportunity to consult with independent legal counsel of its own choosing before executing this Agreement and has executed this Agreement without fraud, duress, or undue influence of any kind. 4 36 of 96 22. Interpretation. The provisions of this Agreement shall be liberally construed to effectuate its purpose. The language of all parts of this Agreement shall be construed simply according to its plain meaning and shall not be construed for or against either party. 23. Corporation Qualified to Do Business in California. If Grantee is a corporation, Grantee warrants that it is a corporation in good standing and is currently authorized to do business in Califomia. 24. Terms and Conditions Survive Expiration of Term of Agreement. Unless otherwise specified herein, all terms and conditions of this Agreement shall survive the expiration of the Term of Agreement specified in Paragraph 3 above. 25. Remedies. Unless otherwise expressly provided herein, the rights and remedies in this Agreement are in addition to, and not a limitation on, other rights and remedies under this Agreement, at law or in equity, and exercise of one right or remedy shall not be deemed a waiver of any other right or remedy. 26. Prevailing Wage. Unless exempted by applicable law (e.g., Labor Code § 1720.4), projects using over $1,000 of grant funds for construction, alteration, demolition, installation, repair, refuse and ready mix concrete hauling, maintenance work, or any other work for which prevailing wages must be paid by Labor Code § 1720 et seq. shall be deemed a "public work" for prevailing wage purposes. It is not the intent of this Agreement to impose an obligation to pay prevailing wages on work otherwise exempt from the State's prevailing wage laws. Grantee shall be solely responsible for ensuring prevailing wages are paid when owed. Projects subject to the payment of prevailing wages are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Grantee shall be responsible for ensuring all required job site postings and all certified payroll and other reporting applicable to it as an awarding body are completed in accordance with the State's prevailing wage regulations. Information regarding the State's prevailing wage requirements can be obtained from the Director, Department of Industrial Relations at www.dir.ca.gov , Labor Code § 1720, et seq., and 8 Cal. Code ofRegs. § 16000, et seq. 27. Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. WHEREFORE, the parties execute this Agreement on the date first written above. COUNTY OF SAN DIEGO GRANTEE By: Deputy Chief Administrative Officer/Chief Financial Officer or Designated Representative Brian M. Hagerty, Director Office of Financial Planning By: Date Authorized signatory Print name and title [Note: Person signing on behalf of Grantee must be authorized by Grantee's Board of Directors to sign this Agreement and must be same person Grantee listed in its funding application as being authorized to sign.] 5 37 of 96 THIS PAGE LEFT BLANK INTENTIONALY 6 38 of 96 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY, 1) ACCEPTING THE COUNTY OF SAN DIEGO'S FISCAL YEAR 2021 COMMUNITY ENHANCEMENT PROGRAM GRANT FUNDS OF $5,000 FOR THE SPECIAL EVENT "A KIMBALL HOLIDAY", WITH NO MATCHING FUNDS REQUIRED; 2) AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND THE COUNTY OF SAN DIEGO TO RECEIVE GRANT FUNDS; AND 3) AUTHORIZING THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITYWIDE FUND APPROPRIATION OF $5,000 AND CORRESPONDING REVENUE BUDGET WHEREAS, in January 2020, the Community Services staff applied for the County of San Diego's Community Enhancement Program Grant to support National City's annual special event "A Kimball Holiday"; and WHEREAS, the goal of the Community Enhancement Program, which is funded by a set percent of Transient Occupancy Tax revenues, is to stimulate tourism, promote the economy, create jobs, and provide a better quality of life for the community; and WHEREAS, in July 2020, the County asked applicants to reconsider the grant submittals and make adjustments due to COVID-19 pandemic restrictions; and WHEREAS, City staff resubmitted their grant with a new pandemic friendly "A Kimball Holiday" event, which includes a Santa Cruise and Drive-in Movie. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby accepts the County of San Diego's Community Enhancement Program grant funds in the amount of $5,000 for the City's special event "A Kimball Holiday", with no matching funds required. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to execute an Agreement between the City of National City and the County of San Diego to receive the Fiscal Year 2020 Community Enhancement Program grant funds. BE IT FURTHER RESOLVED that the City Council hereby authorizes the establishment of a Reimbursable Grants Citywide Fund appropriation in the amount of $5,000 and a corresponding revenue budget. PASSED and ADOPTED this 6t' day of October, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 39 of 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Short Term Lease Agreement between the City of National City and Westfield Property Management LLC, with an indemnity and hold harmless in favor of the Westfield Property Management LLC, for a Halloween themed drive-in movie at Plaza Bonita located at 3030 Plaza Bonita Road. (Community Services) Please scroll down to view the backup material. 40 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO.: ITEM TITLE: Resolution of the City Council of the City of National City authorizing the City Manager to execute a Short Term Lease Agreement between the City of National City and Westfield Property Management LLC, with an indemnity and hold harmless in favor of the Westfield Property Management LLC, for a Halloween themed drive-in movie at Plaza Bonita located at 3030 Plaza Bonita Road. PREPARED BY: Audrey Denham DEPARTMENT: •i mun'ty Se PHONE: 619-336-4243 APPROVED B EXPLANATION: Due to the pandemic, the City has cancelled events from March through October 2020. In order to create some normalcy and provide recreational opportunities for residents the Community Services Department has been providing pandemic friendly events. On Friday, October 23, 2020, after the sun sets, the Community Services Department will host a Halloween themed drive-in at Plaza Bonita. The event is free and participants must register in advance at www.joinnatcitv.com. Kids in attendance will receive goody bags when they arrive. Participants can bring their own snacks and refreshments or visit the Westfield food court. Parking spaces will be spaced out to allow for social distancing. Per City Council Policy 1001, City Council must approve the Short Term Lease Agreement with Westfield Property Management LLC, which includes an indemnity and hold harmless in their favor. Plaza Bonita is an ideal location because of their large paved parking facility. The Plaza Bonita parking facility gives City staff the ability to control entrances, exits and capacity. FINANCIAL STATEMENT: APPROVED: (G'"/Q / FINANCE ACCOUNT NO. APPROVED: MIS 001-441-058-264-0000 (Promotional Activities) - $1,000.00 Funds are appropriated in the above account. ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION n STAFF RECOMMENDATION: Adopt the resolution authorizing the City Manager to execute a Short Term Lease Agreement between the City of National City and Westfield Property Management LLC, with an indemnity and hold harmless in favor of the Westfield Property Management LLC. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Agreement 2. Resolution 41 of 96 Effective Date: 09-16-2020 CONTRACT FOR SHORT TERM LEASE AGREEMENT SHOPPING CENTER Plaza Bonita LESSEE City of National City, a Non -Profit DBA City of National City ADDRESS 1243 National City Blvd. CITY/STATE/ZIP National City, CA 91950 CONTRACT # PB020064 Reservation Detail: Premises Start Date End Date Base Rent (total per term) CAM* Fee (total per term) Utility Fee (total per term) HVAC" Maint. Fee (total per term) Trash Removal Fee (tate! per tern) Sign Fee (total per term) Other Fee (wt,, per term) Estimated Rent Tax (total per term) Rent/Fee Total (tetai per term) Security Deposit (ooe.nmc) SLO3Z-2 Parking (Events) 10/23/2020 10/23/2020 $1,000.00 $0.00 0.00 $0.00 S0.00 SO 00 S0.00 0.00 S1,000.00 S0.00 CAM = Common Area Maintenance; HVAC = Heating, Ventilating and Air Conditioning Permitted Use: For the use of level three of the parking structure from 3:30pm to midnight for a spooky family movie night featuring "Gremlins". City would be responsible for equipment, power and anything else needed to show film to pre -registered guests through the City's registration system. Payment S Due Date Base Rent Operations Utilities Other Fees Estimated Rent Tax Security Deposit Total Due October 23, 2020 1000.00 0.00 0.00 $0.00 0.00 $1,000.00 Security Deposit on File: Payments shall be made payable as written below and directed to the following lockbox (always refer to PB020064 on the check): Plaza Bonita LLC PO Box 55879 Los Angeles, CA 90074-5879 Percentage Rent Schedule: Center Detail: Monthly 10/1/2020 Term Percentage Rent Rate 0.00 Sales Breakpoint $0.00 Overage Due Date 11/5/2020 Property Address Phone Additional Insured Language _ Property Management Plaza Bonita 3030 Plaza Bonita Rd., #2075 National City, CA 91950 619-267-2850 Plaza Bonita LLC, Westfield, LLC, Westfield America Limited Partnership, Westfield Property Management LLC, URW WEA LLC, and any and all of their respective parents, partners, subsidiaries and affiliates, successors, assigns, employees, agents, officers and representatives, together with any mortgagee from time to time of the Landlord's interest, are named as additional insured, as their interests may appear. Westfield Property Management LLC Lessee hereby contracts for the lease of certain space as described above upon the terms and conditions set forth (i) in this Contract for Short Term Lease Agreement ("Contract), including the Reservation Detail, Payment Schedule, Percent Rent Schedule, and Center Detail, (ii) on the attached Contract for Short Term Lease Agreement Standard Terms ("Standard Terms") and (iii) Exhibit A (the Contract, the Standard Terms, and Exhibit A, collectively the "Lease'. The parties agree that signatures by facsimile or electronic delivery shall be accepted as originals. This Lease must be signed by both Lessee and Lessor to be effective. "LESSEE": "LESSOR": City of National City, a Non -Profit Signature: Westfield Property Management LLC, a Delaware limited liability company In its capacity as agent for the owner(s) of the Shopping Center Signature: Name: Name: Short Term Lease Agreement PB020064 1 of 4 9/16/2020 1:02 PM 42 of 96 CONTRACT FOR SHORT TERM LEASE AGREEMENT STANDARD TERMS 1. Permitted Use. Lessee shall have the right to use the Premises for the "Permitted Use" as set forth in the Contract and for no other purpose ("Permitted Use"), expressly conditioned upon payment of all Rent as set forth herein and all other terms and conditions set forth in this Lease. The location and the square footage for the Premises at the Shopping Center is specifically set forth on the site plan depicting the Premises that may be provided to Lessee upon its written request therefor. Lessee hereby accepts the size and location of the Premises. Lessee shall continuously operate within the Premises in accordance with the Permitted Use and shall be open for business within the entire Premises on each day and for at least the hours that the Shopping Center is open. 2. Term. The term for this Lease shall commence on "Start Date" as set forth in the Reservation Detail section of the Contract ("Reservation Detail") and shall expire on "End Date" as set forth in the Reservation Detail (the "Term"), unless earlier terminated as set forth in this Lease. Lessee may be permitted early entry into the Premises prior to the Start Date solely for the purpose of the stocking and fitting out of the Premises for the Permitted Use, and in no event shall Lessee commence to conduct business to the public from the Premises prior to said Start Date. If Lessee nevertheless commences to conduct business to the public from the Premises prior to the Start Date, Lessee agrees that it shall pay a Base Rent for each such day of operation at a daily rate that will be determined on a prorated basis using the Base Rent rate set forth in the Reservation Detail. 3. Rent. a. Base Rent. Lessee agrees to pay Lessor an amount equal to the "Base Rent" as set forth in the Reservation Detail (the "Base Rent") for the right to use and operate in the Premises in the Shopping Center. Lessee shall pay the Base Rent to Lessor in accordance with the schedule for payment set forth in the Payment Schedule section of the Contract ("Payment Schedule"). b. Percentage Rent. In addition to the Base Rent payable above, Lessee shall also pay to Lessor percentage rent equal to the amount (the "Percentage Rent") determined by multiplying (i) the amount of Gross Revenue that exceeds the "Sales Breakpoint" set forth in the Percentage Rent Schedule of the Contract (the "Percentage Rent Schedule"), by (ii) the "Percentage Rent Rate" set forth in Percentage Rent Schedule. All payments of the Percentage Rent, if applicable, shall be due on the Overage Due Date(s) set forth in the Percentage Rent Schedule. "Gross Revenues" shall mean the entire amount of gross revenues received with respect to the Premises by Lessee from third parties. c. Additional Rent. In addition to the Base Rent, Lessee shall also pay to Lessor the amounts described in the Reservation Detail, to the extent applicable, and any other amounts due under this Lease (collectively, "Additional Rent"). Any sums classified in this Contract as a tax (if any) are estimates based on tax rates effective when last checked by the Lessor and are subject to change. Notwithstanding any estimate or anything else to the contrary, Lessee shall be responsible for all actual taxes imposed on the rental pursuant to this Contract (except to the extent attributable to Lessor's income). d. Base Rent, Percentage Rent, Additional Rent and all other payments required under this Lease shall be collectively referred to herein as the °Rent " Rent shall be made in U.S. dollars and shall be made via (i) check, or (ii) wire transfer to a bank account designated by Lessor, at Lessor's sole discretion without notice, demand, abatement, deduction or offset. If Lessor directs Lessee to make payments by check, such check(s) shall be made payable as written and directed to the lockbox as set forth in the Payment Schedule. Late payments shall incur interest at the rate of the lesser of ten percent (10%) or the maximum amount allowed by law, per month from the date such payments were originally due. e. To the extent that Percentage Rent is payable hereunder, Lessee shall prepare and keep full, complete and proper books and source documents, in accordance with generally accepted accounting principles, of the Gross Revenues, whether for cash, credit or otherwise, relating to Lessee's operation within the Premises. The books and source documents to be kept by Lessee shall include, without limitation, true copies of all state and local sales and use tax returns and reports, records of inventories and receipts of merchandise, daily receipts from all sales and other pertinent original sales records and records of any other transactions conducted in or from the Premises by Lessee and any other parsons conducting business from the Premises. Pertinent original sales records shall include, without limitation, sales records which would normally be examined by an independent accountant pursuant to generally accepted auditing standards in performing an audit of Lessee's sales. f. With each payment of Percentage Rent, to the extent applicable, Lessee shall provide Lessor with a written statement certified as accurate by a duly authorized officer of Lessee, prepared in a format acceptable to Lessor, the Gross Revenues received, gross invoice amounts billed, discounts, rebates, charge backs, and other deductions, and the Percentage Rent calculations. Such statements shall be fumished to Lessor whether or not any Gross Revenues were received by Lessee during the applicable period. The receipt or acceptance by Lessor of any statement, or the receipt or acceptance of any payment made, shall not prevent Lessor from subsequently challenging the validity or accuracy of such statement or payment. g. To the extent that Percentage Rent is payable hereunder, at any time during the Tenn, upon reasonable notice from Lessor, Lessee shall provide Lessor and its agents and representatives with access to such financial records and supporting documentation as may be reasonably requested by Lessor, and Lessor may inspect the Gross Revenues received by or credited to Lessee and Lessee's calculation of the Percentage Rent, to determine that such fees and charges are accurate and in accordance with this Lease. If, as a result of such inspection, Lessor determines that Lessee has not made proper payments of Percentage Rent to Lessor, Lessor shall notify Lessee of the amount of such non-payment and Lessee shall promptly pay to Lessor the amount of the non-payment, plus interest at the rate of two percent (2%) per annum more than the prime rate as reported by the Wall Street Joumal computed on a daily basis from the date of receipt by Lessee of the unpaid amount until the date of payment to Lessor. Lessor shall be responsible for the cost of such inspection, except that if such inspection reveals an underpayment to Lessor of at least five percent (5%) of the Gross Revenues for the audited period, then Lessee shall reimburse Lessor for all reasonable cost of such inspection. Lessor's audit right hereunder shall continue for one (1) year beyond the expiration or earlier termination of the Term, or the last sale of merchandise or other goods for which Lessor is entitled to receive a percentage of the Gross Revenues, whichever is later. 4. Security Deposit. Lessee shall provide to Lessor, upon execution of this Lease, a security deposit in the amount set forth in the Payment Schedule (the `Security Deposit"). No interest shall accrue on the Security Deposit. Lessor shall have the right, at its option and in its sole discretion, to apply all or part of the Security Deposit toward the payment of any amounts required to remedy any Default of Lessee in the payment of Rent or the performance of any other condition or covenant contained herein. It is agreed that upon Lessee's surrender or vacation of the Premises, Lessor, or its agent or designee, shall inspect the Premises, and assess any and all damages to the Premises or Lessor's property or businesses caused by Lessee or on account of Lessee's business in the Premises. If the Premises are found to be in the condition in which they were provided to Lessee, and provided Lessee is not in Default under this Lease, the Security Deposit, or such portion thereof still held by Lessor after application of any portion for any prior Defaults by Lessee, will be retumed to Lessee. If, however, there is any damage to the Premises or Lessee is in Default, the cost of curing such default, repairing such damage and/or restoring the Premises to the condition in which they were provided to Lessee (ordinary wear and tear excepted) will be deducted from the Security Deposit and the remainder will be retumed to Lessee, and to the extent the cost to cure such Default or the cost of repair exceeds the amount of the Security Deposit, Lessee shall pay Lessor for the shortfall within ten (10) days after receiving notice thereof from Lessor. 5. Installation; Alterations; Maintenance and Repair. Lessee shall install, at its sole cost and expense, all equipment, trade fixtures and facilities necessary for the Permitted Use. Prior to such installation, Lessee shall submit design plans and specifications to Lessor for approval. All work undertaken by Lessee or its contractors, subcontractors and other agents in connection with the installation, operation and maintenance of its equipment, trade fixtures and facilities shall be undertaken and completed in a good and workmanlike manner by professional, licensed and qualified personnel and contractors. Any fixtures installed by Lessee that cannot be removed without damage to the Premises or that remain on the Premises after the expiration or earlier termination of this Lease shall, at Lessor's option, become the sole property of Lessor upon such expiration or termination. Lessee, at its sole cost and expense, shall repair, replace and maintain in good condition all portions of the Premises. Lessee may not make any structural alterations to the Premises without the prior written consent of Lessor. Lessor shall not be responsible for any installations, alterations or maintenance of the Premises, nor shall it be liable for any installation, alteration or maintenance costs and expenses whatsoever. Lessee shall ensure that the Premises maintain the same standards of appearance and cleanliness as the remainder of the Shopping Center and any failure to do so shall be deemed a material breach of this Lease by Lessee. 6. Utilities. Lessee shall be solely responsible for directly contacting all necessary utility and service providers and procuring in its own name, and shall promptly pay for all fees, deposits and charges, including use and/or connection fees, hook-up fees, standby fees, and/or penalties for discontinued or interrupted service, and the like, for water, gas, electricity, fire alarm, burglar alarm, telephone, cable television, internet or data service, sewer and sanitation, solid waste disposal and any other service or utility used in or upon or fumished to the Premises, including any such services that may be supplied by Lessor (whereupon, in such case, such utility fees may be included as Additional Rent). Lessee shall be solely responsible for notifying any such providers, including, without limitation, any waste disposal providers, of Lessee's cessation of such services at the Premises upon the expiration or earlier termination of this Lease and Lessor shall have no obligation or liability with respect thereto. 7. Surrender. Prior to the expiration or date of earlier termination of this Lease, Lessee shall (t) remove all of its personal properly, signs, sets, displays and equipment from the Premises and the Shopping Center, (ii) remove all telephone and data cabling installed by or on behalf of Lessee, (iii) restore the Premises to the condition in which the Premises existed prior to installing of such personal property, signs, sets, displays and equipment, subject to ordinary wear and tear, (iv) repair all damage caused by or in connection with Lessee's compliance with the obligations contained in this Section (v) pay the Rent and other sums due and payable or outstanding; and (vi) surrender to Lessor the Premises, broom -clean and in good condition; provided, however, that Lessee shall not remove any fixtures or personal property affixed to the Premises. Any of Lessee's obligations under this Section which have not been performed by Lessee prior to the expiration or earlier termination of this Lease shall survive such expiration or termination. Further If Lessee fails to meet its obligations under this Section, Lessor shall have the right to cure such failure and, at Lessor's option, may either retain, remove or dispose of such property without any compensation to Lessee, and Lessee shall reimburse Lessor for its costs and expenses related thereto within five (5) days after Lessor gives written notice to Lessee of the amount due. 8. Indemnity. Lessee shall defend, indemnify and hold harmless Lessor, its agents, affiliates, members and employees, and any department store operating within the Shopping Center, from and against any and all liabilities, claim demands, damages, expenses, fees, fines, penalties, suits, proceedings, actions and causes of action of any and every kind and nature (i) arising from or in any way connected with the Permitted Use, or (ii) arising from or in any way connected with Lessee's use of the Premises, or (iii) caused by Lessee or any of its affiliates, members, employees, contractors, subcontractors, agents and representatives, excepting any liability or claim arising or growing out of the gross negligence or willful misconduct of Lessor, its employees, affiliates, members and agents. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 9. Compliance' Permits. Lessee agrees that it has read and understands the rules and regulations for the Shopping Center attached hereto as Exhibit A (the "Operational Guidelines & Policies") and agrees and shall cause its employees to abide by the same, as such Rules and Reg's may be amended from time to time by Lessor. Lessee further agrees to comply with all applicable laws of the town, city, county, state and federal governments or any other public authority. Lessee further agrees that it shall not use, bring, maintain, release or discharge any hazardous materials on or onto the Premises or any other part of the Shopping Center. Lessee represents and warrants that Lessee has obtained, or will obtain prior to the commencement of its business operations, at its sole cost and expense, all required permits, authorizations, consents and approvals of any type or nature from the appropriate govemmental authorities for use of the Premises for the Permitted Use, to the extent necessary (the "Permits"), and all of such Permits are, or will be, and will remain in full force and effect during the Term. Lessee shall provide copies of such required Permits to Lessor prior to the commencement of the Term. 10. "As -Is"; Release. a. Lessee acknowledges that it has inspected the Premises (or will inspect the Premises prior to commencement of its business operations), observed no dangerous conditions, accepts the Premises "as is", and assumes all risk of injury or damage to Lessee's person or property, in connection with Lessee's use of the Premises regardless of the condition thereof. b. Lessee expressly waives all rights, if any, to assert any claims against Lessor, Westfield Property Management, LLC, Westfield U.S. Holdings, LLC, URW WEA LLC, Westfield America Limited Partnership and any and all of their parents, subsidiaries, affiliates, members, predecessors, successors, employees, representatives, any marketing fund, tenants and Lessees of Lessor for damage, destruction or loss of any equipment, property, goods, wares, merchandise, supplies, cash (or other evidence of customer debt such as checks or credit card receipts) upon the Shopping Center or, by any reason of fire, theft, robbery or burglary, bodily injury, personal injury or death or other loss, provided, however, such loss or damage is not due to the gross negligence or willful misconduct of Lessor or any of their parents, subsidiaries, affiliates, members, predecessors, successors, employees, representatives, any marketing fund, tenants and Lessees. Lessee accepts all responsibility for any injury or public liability incurred as a direct result of their display or fixtures or business operations. 11. Security. Lessor shall have no responsibility to provide security, supervision or protection against any loss that may be sustained by Lessee. Any Lessee requiring security must do so at Lessee's expense and utilize a security company approved by Lessor's representative. 12. Insurance. a. Lessee must provide written evidence of General Liability insurance for the Premises during the Term with a reputable and licensed insurance company acceptable to Lessor in the amount of $1,000,000 per occurrence, $2,000,000 in the aggregate. If Lessee owns or operates vehicles in the ordinary course of its business, Lessee must carry Automobile Liability insurance covering all owned, non -owned and hired vehicles with a per occurrence combined single limit of $1,000,000. The General Liability policy, and if applicable, the Automobile Liability policy, must be endorsed to include the additional insured as set forth in the Canter Detail. The general liability policy evidenced by lessee will be endorsed to be primary and noncontributory with respect to any policy of insurance carried by Landlord and that any coverage carried by Landlord will be excess. The certificate of insurance and additional insured endorsements evidencing such coverage must be supplied prior to the commencement by Lessee of its business activities at the Shopping Center. Lessee must provide Statutory Workem's Compensation insurance as required by the laws of the state in which this Lease is in effect. Lessee shall give Lessor at least 30 days written notice of any cancellation or material change in coverage of Lessee's insurance policies. All policies of insurance evidenced by lessee will contain a waiver of subrogation in favor of the Landlord. b. Lessee must maintain all-risk property insurance including coverage for fire, theft, vandalism, malicious mischief, water damage which does not exclude backup from sewers or drains and/or sprinkler leakage, and extended coverage insuring Lessee's merchandise, furnishings, equipment and all other items of personal property of Lessee located on or in the Premises, in an amount equal to the full replacement cost thereof. c. The Worker's Compensation insurance policy obtained by Lessee pursuant to this Lease shall contain an endorsement waiving any right of subrogation which the insurer may otherwise have against the Short Term Lease Agreement PB020064 2 of 4 9/16/2020 1:02:z 43 of 96 non -insuring party. If Lessor has contracted with a third party for the management of the Shopping Center, the waiver of subrogation by Lessee herein shall also run in favor of such third party. d. If Lessee contracts with or hires any contractor, vendor, or other service company, Lessee shall require such contractor, vendor, or other service company to maintain the insurance requirements as listed above. Lessee shall also require all contractors, vendors, or other service companies to execute the Landlord's required release and hold harmless form and to also provide Landlord a certificate of insurance evidencing the insurance require prior to allowing any contractor, vendor, or service company to enter the premises. 13. Events of Default; Termination. a. The occurrence of any of the following shall constitute a default and material breach of this Lease by Lessee (a "Default"): i. Any failure by Lessee to pay the Rent, and additional fees or other charge required to be paid under this Lease when due; or ii. Any failure by Lessee to observe or perform any other provision, covenant or condition of this Lease to be observed or performed by Lessee where such failure continues for twenty- four (24) hours after written notice from Lessor to Lessee' provided that if the nature of such default is such that the same cannot reasonably be cured within twenty-four (24) hours, Lessee shall not be deemed to be in default if it shall commence such cure within such period and thereafter rectify and cure such default with due diligence in no event to exceed ten (10) days after written notice thereof from Lessor to Lessee specifying the particulars of the default; or iii. Abandonment or vacation of the Premises by Lessee; or iv. In the event that proceedings in bankruptcy or insolvency are instituted by or against Lessee, or a receiver is appointed, or if any substantial part of the assets of Lessee is the object of attachment, sequestration or other type of comparable proceeding, and such proceeding is not vacated or terminated within thirty (30) days after its commencement or institution. b. In the event of any Default by Lessee, Lessor in addition to any other remedies available to it at law or equity, including injunction, at its option, without further notice or demand of any kind to Lessee or any other person may: (1) terminate this Lease, declare the Tenn hereof ended and re-enter the Premises and take possession thereof without the need for court order and remove all persons therefrom, and Lessee shall have no further claim thereon or hereunder; and (2) even though it may have re-entered the Premises, thereafter elect to terminate this Lease and all of the rights of Lessee in or to the Premises. If this Lease is terminated hereunder due to a Default by Lessee, no payment received by Lessor shall be returned to Lessee. c. To the full extent permitted under applicable law, Lessor shall have no duty to relet the Premises or otherwise mitigate damages under this Lease, and Lessee hereby releases Lessor from any and all duty to relet the Premises or otherwise mitigate damages. Lessee agrees that Lessor shall not be liable, nor shall Lessee's obligations hereunder be diminished, because of Lessor's failure to relet the Premises or collect rent due with respect to such reletting. Lessee waives all rights to plead such failure of Lessor to mitigate damages as a claim or affirmative defense in any proceeding based on any Default by Lessee. d. This Lease is terminable at the will of Lessor at its sole discretion upon seven (7) days' written notice sent to Lessee's address set forth above; provided, however, that notwithstanding the foregoing, if the Term of this Lease shall be thirty (30) days or less, this Lease shall be terminable at the will of Lessor at its sole discretion upon twenty-four (24) hours' written notice sent to Lessee's address set forth above. If this Lease is terminated at the option of Lessor without any default of Lessee, Lessor shall refund to Lessee the pro-rata amount of the Rent paid to Lessor for the remaining portion of the Term. 14. Assignment. This Lease may not be assigned or otherwise transferred or encumbered by Lessee, nor may any portion of the Premises be subleased by Lessee, without Lessor's prior written approval, which Lessor may withhold in its sole and absolute discretion. The direct or indirect sale of a controlling interest of Lessee, or the sale of all or substantially all of the assets of Lessee shall constitute an assignment of this Lease. 15. Lessor's Right to Relocate Premises a. Lessor shall have the right in its sole and absolute discretion to relocate the Premises to another part of the Shopping Center upon not less than seventy two (72) hours' written notice to Lessee and Lessee shall relocate its Premises to such other location as designated by Landlord within said seventy two (72) hour period. The new premises shall be substantially the same in size, decor and nature as the Premises and shall be placed in such condition at Lessor's sole cost. b. Lessor shall additionally have the right, in its sole and absolute discretion, to temporarily relocate the Premises to another location within the Shopping Center which is labeled as the Temporary Premise on Exhibit - Map ('Temporary Premises') upon not less than seventy (72) hours' prior written notice to Lessee ('Relocation Notice'). The dates and duration of the period of relocation ('Relocation Period') shall be provided to Lessee in the Relocation Notice. Lessee shall be responsible, at its sole cost and expense, to relocate to and from the Temporary Premises on the beginning and end dates of the Relocation Period, respectively. Lessee's occupancy of the Temporary Premises shall at all times be subject to and in accordance with the terms and conditions of this Agreement, and the term 'Premises' shall mean the Temporary Premises during such period of time. Lessee shall not be entitled to any adjustment in the Rent or to any other compensation as a result of or in connection with a temporary relocation made under this Section 15.b. 16. Sale of Shopping Center. Lessor shall have the right, in its sole discretion, to assign this Lease to any purchaser or other assignee or transferee of a Shopping Center, provided that any such purchaser, assignee or transferee shall agree in writing to assume all of Lessor's obligations under this Lease arising after the date of such purchase, assignment or transfer, provided however if Lessor does not assign this Lease to such purchaser, Lessor shall have the right to terminate this Lease upon written notice to Lessee without further obligation other than obligations which have accrued prior to and remain unsatisfied at the time of termination. 17. Notices. Wherever in this Lease it shall be required or permitted that notice be given or served by either party to this Lease to or on the other, such notice, shall be given or served, and shall not be deemed to have been duly given or served unless in writing and forwarded by certified or registered mail or reliable and nationally recognized overnight courier, addressed to the parties at the addresses set forth above. Either party may change such address by written notice sent by certified or registered mail. Lessor may also provide notice to Lessee by personally delivering such notice to the Premises. 18. Sionage; Visual Merchandising. The content, dimensions and location of any and all signage used by Lessee to promote the Permitted Use, and all visual merchandising of Lessee, shall be previously approved in writing by Lessor in its sole and absolute discretion. In no way limiting the foregoing, Lessee understands and agrees (i) that all signage must be professionally designed and prepared, shall not detract from the general appearance of the Premises or the Shopping Center, and that under no circumstances may any signage be handwritten, and (ii) that Lessee shall be solely responsible for all visual merchandising of Lessee, all visuals must professionally designed and prepared, and must be appropriate and relevant to the shopping season and Lessee's Permitted Use. Any failure to comply with the terms of this Section shall be deemed a material default and breach of this Lease providing Lessor with all rights and remedies set forth above. 19. Waiver of Jury Trial; Governing Law. To the extent enforceable, the parties to this Lease hereby waive and relinquish any and all rights that such party may have to trial by jury in any action, proceeding or counterclaim tiled by either party, whether in contract, tort or otherwise, relating directly or indirectly to this Lease and/or the Premises, or any alleged acts or omissions of Lessor or Lessee in connection therewith. This Lease shall be construed in accordance with the laws of the State in which the Premises are located pertaining to contracts made and performed entirely therein. 20. Holdover. If Lessee shall fail to surrender the Premises upon the expiration or earlier termination of this Lease without the express written consent of Lessor, Lessee shall be deemed to be a month -to -month tenant of the Premises, with Base Rent due at a rate of 150% of the monthly Base Rent in effect at the expiration or termination of the Term, plus all Percentage Rent and Additional Rent payable, if any. The terms of such holdover tenancy shall otherwise be on the same terms and conditions as herein specified so far as applicable. Any holding over by Lessee without Lessor's consent shall entitle Lessor to reenter the Premises in its sole discretion. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 21. Confidentiality. Except as reasonably necessary in the normal course of dealing with a party's employees, officers, directors, investors and prospective investors, attorneys, accountants, banks, lenders, advisors, and other representatives (all of whom will be required to honor the confidentiality of such information) or to the extent required by law, including, without limitation, reporting and disclosure requirements under applicable securities laws, (i) any and all information contained in this Lease or provided to or by Lessor and/or Lessee by reason of the covenants and conditions of this Lease, economic or otherwise, shall remain confidential between Lessor and Lessee and shall not be divulged to third parties without the prior consent of the other party hereto, and (ii) Lessee shall not disclose any material information regarding the Premises or the Shopping Center to third parties without Lessor's prior consent. Notwithstanding the foregoing, Lessor and Lessee shall be permitted to divulge the contents of statements and reports derived and received pursuant to the provisions of Section 3 hereof in connection with any contemplated sales, transfers, assignments, encumbrances or financing arrangements permitted hereunder or in connection with any administrative or judicial proceedings in which either party is involved where such party may be required to divulge such information. The provisions of this Section shall survive the expiration or earlier termination of this Lease. 22. Going Out of Business. Lessee shall not conduct or permit to be conducted any going out of business, liquidation, store closing, or other similar sale in the Premises at any time whatsoever without the prior express written consent of Lessor. The parties agree that in the event Lessee breaches this provision, Lessor will suffer immediate and irreparable damages and shall be entitled to injunctive relief permanently enjoining Lessee from conducting, or permitting to be conducted, such a sale in the Premises. 23. Gross Revenue Reporting. Lessee shall fumish to Lessor, within ten (10) days after the expiration of each month during the Term, a complete statement, certified by Lessee, of the amount of Gross Revenue, made from the Premises during such period. If Lessee fails to furnish to Lessor any monthly statement of Gross Revenue within the time required by this Section, then Lessee shall pay within ten (10) days of demand therefor by Lessor as Additional Rent, a special handling fee of Fifty Dollars ($50.00) per statement per day until such statement is delivered to Lessor. This remedy shall be in addition to any and all other remedies provided in this Lease or by law to Lessor. In addition, if Lessee fails to fumish any two (2) consecutive monthly statements of Gross Revenues within the time required by this Section, then, without limiting any of the Lessor's other rights under this Lease, Lessor shall have the right upon ten (10) days' prior written notice to conduct an audit as set forth in Section 3 above and any and all charges occasioned by reason thereof shall be the sole obligation of Lessee and payable on demand. 24. Consent to Certificate -Based Electronic Signature. Pursuant to the Electronic Signatures in Global and National Commerce Act (ESIGN) the Parties hereby expressly agree to the use of certificate -based electronic signature software operated by DocuSign for execution of this agreement/lease. The certificate based electronic signature generated by this software shall have the same legal effect as a handwritten signature and shall be admissible evidence of the Parties' mutual intent to be legally bound by this agreement. The Parties declare that they have received all information required to be fully aware of the certificate -based electronic signature process, and each Party hereby waives any challenge against the enforceability of this agreement based on the use of such certificate -based electronic signature software. 25. Miscellaneous. a. The invalidity or unenforceability of any particular provision(s) of this Lease shall not affect the other provisions hereof, and this Lease shall be construed in all respects as if such invalid or unenforceable provisions were omitted. b. In the event of any conflict between the terms of this Lease and the terms of any Operational Guidelines & Policies, the terms of this Lease shall control. c. If any action is brought by either party against the other party, relating to or arising out of this Lease, the transaction described herein or the enforcement hereof, the prevailing party shall be entitled to recover from the other party all reasonable attomeys' fees, costs and expenses incurred in connection with the prosecution or defense of such action. For purposes of this Lease, the term "attorneys' fees" or "attorneys' fees and costs" shall mean the fees and expenses of counsel to the parties hereto, which may include printing, photostating, duplicating and other expenses, air freight charges, legal research, deposition costs and fees billed for law clerks, paralegals and other persons not admitted to the bar but performing services under the supervision of an attorney, expert fees and all costs and fees incurred in connection with the enforcement ar collection of any judgment obtained in any such proceeding. The provisions of this Section shall survive the entry of any judgment, and shall not merge, or be deemed to have merged, into any judgment. d. This Lease contains all of the agreements of the parties hereto with respect to any matter covered or mentioned in this Lease, and no prior agreement, negotiations, brochures, arrangements, or understanding pertaining to any such matter shall be effective for any purpose unless expressed herein. Any amendment to or other modification of this Lease must be in writing and signed by both parties hereto. e. This Lease may be signed in counterparts, each of which shall be deemed an original, and all of which together shall be deemed a single instrument. The parties agree that signatures by facsimile shall be accepted as originals. f. Lessee may not record this Lease or any memorandum or short font of this Lease in the public records. At Lessor's request, Lessee shall sign a recordable short form or memorandum of lease containing the terms required by statute and any other terms that Lessor wishes to include, which Lessor may record at Lessor's expense. THE FOLLOWING PROVISIONS ARE HEARBY INCORPORATED INTO THIS LEASE: For those Leases in which the Premises are located in California: 1. As of the Effective Date of the Lease, the Premises have not been inspected by a Certified Access Specialist (CASp). A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction -related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or lessor may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction -related accessibility standards within the premises. Short Term Lease Agreement 3 of 4 PB020064 9/16/2020 1:02:z 44 of 96 2. For those Leases in which the Premises are located in the Shopping Center commonly known as The Village at Westfield Topanga, the following provisions are hereby incorporated into the Lease: Lessor has entered into an agreement with City of Los Angeles (the "City") which provides funding to Lessor for development of the Center (the "Funding Agreement"). This funding is based, in part, upon tax revenues from Lessees at the Center. In order for Lessor to comply with its commitment to provide tax revenue information to the City, Lessee shall submit to Lessor the following: i) a copy of its sales and use tax retums filed with the state of California's Board of Equalization ("State Reporting") concurrent with its submittal of each such return to the state and ii) the City's Business Tax Return concurrent with its submittal of each such return to the City (the "City Reporting"). In the event the State Reporting and City Reporting are consolidated with other stores operated by Lessee, then Lessee shall submit supporting paperwork for the Premises used by Lessee in the preparation for the State Reporting and City Reporting. Lessor covenants that the State Reporting and City Reporting provided by Lessee hereunder shall be kept confidential and shall only be shared with the City in connection with the Funding Agreement, except as may otherwise be required by law. In addition, per the Funding Agreement Lessee shall execute a document with the state of California Franchise Board to provide the City access to the State Reporting (sale and use tax retums) submitted by Lessee to the state of California. Short Term Lease Agreement 4 of 4 PBO20064 9/16/2020 1:02:/ 45 of 96 Wstfie[if EXHIBIT A SPECIALTY LEASING OPERATIONAL GUIDELINES & POLICIES The Shopping Center, including the enclosed areas, parking lots ('it applicable) and peripheral developments, is private property. Any exhibitor or organizations that participate are subject to the operational guidelines & policies set by Westfield Shopping Center owners, management, marketing, and security staffs. These operational guidelines & policies are dictated in order to insure a safe and pleasant experience for exhibitors and shoppers. Center Operations: Center hours are posted, or may be obtained from the Management. 2. The Shopping Center maintains a full-time security, housekeeping and landscaping staff. However, individual exhibitors are responsible for the safety, security, and cleanliness of their own displays. Any damage to mall floors, walls, furniture or plants will be billed to the Lessee/Licensee. The shopping Center assumes no responsibility for any loss or damage to property displayed in the mall or parking lot (if applicable). Unload and Setup: 1. All set-ups must take place outside of regular Center hours. Check with Mall Office for set up hours during holiday and high -traffic seasons. 2. If special arrangements are made for moming set-up, this must be accomplished at least two hour prior to the start of business at the Shopping Center. 3. Exhibitors may park at loading areas only to unload materials. Vehicles must be moved immediately after unloading is completed. 4. No vehicles will be allowed on the sidewalks or landscaped areas. 5. Promotional Doors are available in some Shopping Centers. Please contact Center Management for more information, including dimensions and load requirements. 6. Plywood mat protectors are required at some Shopping Centers and must be placed over the Westfield entrance mats prior to driving a vehicle into the Shopping Center. Please contact Center Management for more information. Display Areas: All exhibitor personnel must be professionally dressed. Name tags and exhibit uniforms are recommended. 2. DRESS - To maintain a professional image in a casual atmosphere, RMUICart employees are to be dressed casually professional. This means no shorts, ragged or tom jeans, bare feet, "muscle -tanks", bare midriffs, thigh high skirts or low cut tops. Management reserves the right to close down any RMU whose employees are not dressed appropriately. 3. No person shall call out (hawk) to the shopping public that may pass by their exhibit or stand outside the exhibit. 4. Eating and drinking within your display is prohibited. (Drinks or food may not be stored at exhibit area.) 5. Lessee/Licensee is responsible for supplying tables, chairs, and other materials when applicable. At tables or counters must be skirted to the floor on all four sides. Color and quality of table skirling must be approved by Center management 10 days prior to set-up. 6. All exhibit signage must be pre -approved by Center management prior to set-up. All signs are to be professionally printed. Signs are to be in sign holders within the exhibit or on the exhibit table. Exhibit A - OPERATIONAL GUIDELINES & POLICIES -SPECIALTY LEASING Vehicle Display: Vehicles displayed in the Shopping Center must adhere to at local fire regulations. 2. Shopping Center Management requires less than one gallon of gas to no gas in tanks when vehicles are displayed on the property. Contact Center Management for more information. The gas tank must be taped shut, and the battery cables must be disconnected. 3. A drip pan must be placed under each vehicle and carpet pads must be placed under each tire. 4. An extra set of keys must be left with Security. Dealership employee or employee of Licensee/Leasee must clean car daily before 10:00 a.m. 5. A fire permit must be obtained prior to set-up. In order to comply with this regulation, please contact the Fire Department. VIOLATION OF ANY OF THE ABOVE NOTED OPERATIONAL GUIDELINES WILL BE GROUNDS FOR A FINE PER VIOLATION AND/OR IMMEDIATE TERMINATION OF THE TEMPORARY REVOCABLE AGREEMENT. VIOLATIONS ARE DUE AND PAYABLE 5 DAYS AFTER RECEIPT. IF VIOLATIONS HAVE BEEN GIVEN AND NOT PAID, IMMEDIATE TERMINATION OF THE TEMPORARY REVOCABLE AGREEMENT WILL ENSUE. Please keep a copy of these operational guidelines & policies requirements at the exhibit site. Please review these guidelines often with your employees and newly hired personnel. If you would like additional copies, please contact the Center Management. These Operational Guidelines & Policies may be altered, amended or modified by the Shopping Center at any time. AGREEMENT TO ACCEPT SPECIALTY LEASING OPERATIONAL GUIDELINES & POLICIES FOR " PLEASE SIGN BELOW AND RETURN THIS PAGE WITH YOUR AGREEMENT"" I have read and understand the Operational Guidelines & Policies and agree to abide by them. 1 further agree to have all employees read and understand these Operational Guidelines & Policies. 1 understand that failure to do so may result in termination of activity in the shopping center. Business Name City of National City Owner's Name (Please Print) Owner's Signature Manager's Name Manager's Signature A-1 PB020064 9/16/2020 1:02:45 PM 46 of 96 LEASE ABSTRACT FOR WESTFIELD INTERNAL USE ONLY Contract Type: Opportunity Name: Tenant Information Trade Name / Account DBA: Legal Name / Account Name: Name (Optional): Address: Phone #: Lease Information Lease Status: Contract #: Tax Rev. Type (Q/NQ): Sales Category: Specialty Leasing City of National City 10/23/20 (PBO) SLO3Z-2 City of National City City of National City 1243 National City Blvd. National City, CA 91950 New Business PB020064 SL Events BU Center Unit # Start Date End Date 12271 Plaza Bonita SLO3Z-2 10/23/2020 10/23/2020 it Recurring Billing * Partial month minimum rent is already prorated in Salesforce BU Unit # Bill Code Start Date End Date Gross Amount Tax Rate Area 12271 SLO3Z-2 Z09 10/1/2020 10/31/2020 $1,000.00 12271 SLO3Z-2 ZA9 10/1/2020 10/31/2020 $0.00 One-time Fees BU Unit # Bill Code Start Date End Date Gross Amount Tax Rate Area Security Deposit BU Unit # Bill Code Deposit Type Amount Specialty Leasing Opportunity Abstract v. 1.4 6/11/2010 9/16/2020 1:02:45 PM r470f96 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE CITY MANAGER TO EXECUTE A SHORT TERM LEASE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND WESTFIELD PROPERTY MANAGEMENT LLC, WITH AN INDEMNITY AND HOLD HARMLESS PROVISION IN FAVOR OF THE WESTFIELD PROPERTY MANAGEMENT LLC, FOR A HALLOWEEN THEMED DRIVE-IN MOVIE AT PLAZA BONITA LOCATED AT 3030 PLAZA BONITA ROAD WHEREAS, due to the COVID 19 pandemic, the City of National City has cancelled events from March 2020 through October 2020; and WHEREAS, in order to create some normalcy and provide recreational opportunities for the residents of National City, the Community Services Department has been providing pandemic friendly events; and WHEREAS, on Friday, October 23, 2020, after the sun sets, the Community Services Department will host a free Halloween themed drive-in at Plaza Bonita Mall that will distribute goody bags to children in attendance; and WHEREAS, Plaza Bonita Mall is an ideal location due to their large paved parking facility which will give City staff the ability to control entrances, exits and capacity; and WHEREAS, per City Council Policy 1001, City staff recommends City Council's authorization of a Short Term Lease Agreement with Westfield Property Management LLC, which includes an indemnity and hold harmless provision in their favor. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby authorizes the City Manager to execute a Short Term Lease Agreement between the City of National City and Westfield Property Management LLC, with an indemnity and hold harmless provision in favor of the Westfield Property Management LLC, for a free Halloween themed drive-in movie at Plaza Bonita Mall located at 3030 Plaza Bonita Road. PASSED and ADOPTED this 6th day of October, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 48 of 96 The following page(s) contain the backup material for Agenda Item: Investment transactions for the month ended July 31, 2020. Please scroll down to view the backup material. 49 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO.: ITEM TITLE: Investment transactions for the month ended July 31, 2020. PREPARED BY: R.ay. Gt4€441, DEPARTMENT: Finance PHONE: 619-336-4346 APPROVED BY: EXPLANATION: In accordance with California Government Code Section 53646 and Section XIIA of the City of National City's investment policy, a monthly report shall be submitted to the legislative body accounting for transactions made during the reporting period. The attached listing reflects investment transactions of the City of National City's investment portfolio for the month ending July 31, 2020. FINANCIAL STATEMENT: ACCOUNT NO. NA APPROVED: FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Accept and file the Investment Transaction Ledger for the month ended July 31, 2020. BOARD / COMMISSION RECOMMENDATION: NA ATTACHMENTS: Investment Transaction Ledger 50 of 96 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/02/2020 60934N807 2.52 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 2.52 0.00 2.52 0.00 Purchase 07/07/2020 60934N807 4,993.49 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 4,993.49 0.00 4,993.49 0.00 Purchase 07/08/2020 60934N807 6,700.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 6,700.00 0.00 6,700.00 0.00 Purchase 07/09/2020 60934N807 619,071.98 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 619,071.98 0.00 619,071.98 0.00 Purchase 07/10/2020 3135G05G4 560,000.00 FNMA Note 0.25% Due 7/10/2023 99.785 0.32% 558,796.00 0.00 558,796.00 0.00 Purchase 07/10/2020 60934N807 6,900.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 6,900.00 0.00 6,900.00 0.00 Purchase Purchase 07/11/2020 60934N807 07/13/2020 60934N807 Purchase Purchase Purchase Purchase 07/15/2020 60934N807 07/15/2020 60934N807 07/15/2020 60934N807 07/15/2020 60934N807 6,600.00 Federated Investors Govt Oblig Fund Inst. 6,828.13 Federated Investors Govt Oblig Fund Inst. 148.33 Federated Investors Govt Oblig Fund Inst. 579.00 Federated Investors Govt Oblig Fund Inst. 332.00 Federated Investors Govt Oblig Fund Inst. 211.79 Federated Investors Govt Oblig Fund Purchase 07/15/2020 60934N807 Inst. 1.000 0.01% 1.000 0.01% 1.000 0.01% 1.000 0.01% 1.000 0.01% 6,600.00 6,828.13 0.00 0.00 148.33 0.00 579.00 0.00 332.00 0.00 6,600.00 6,828.13 148.33 579.00 332.00 0.00 0.00 0.00 0.00 0.00 1.000 0.01% 211.79 0.00 211.79 0.00 155.83 Federated Investors Govt Oblig Fund Inst. Purchase 07/15/2020 60934N807 1.000 0.01% 13,900.68 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 155.83 0.00 155.83 0.00 13,900.68 0.00 13,900.68 0.00 Purchase 07/15/2020 60934N807 22,502.07 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 22,502.07 0.00 22,502.07 0.00 Purchase 07/15/2020 90LAIF$00 42,592.78 Local Agency Investment Fund State Pool 1.000 1.15% 42,592.78 0.00 42,592.78 0.00 Chandler Asset Management Paee 10 Execution Time: 9/23/2020 10:. 51 of 96 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2020 CM Transaction Type Settlement Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss ACQUISITIONS Purchase 07/20/2020 60934N807 12,429.71 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 12,429.71 0.00 12,429.71 0.00 Purchase 07/20/2020 60934N807 10,920.02 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 10,920.02 0.00 10,920.02 0.00 Purchase 07/21/2020 60934N807 93.92 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 93.92 0.00 93.92 0.00 Purchase 07/21/2020 60934N807 16,631.68 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 16,631.68 0.00 16,631.68 0.00 Purchase 07/22/2020 47787NAC3 75,000.00 John Deere Owner Trust 2020-B A3 0.51% Due 11/15/2024 99.985 0.52% 74,988.57 0.00 74,988.57 0.00 Purchase 07/22/2020 60934N807 99,977.83 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 99,977.83 0.00 99,977.83 0.00 Purchase 07/25/2020 60934N807 Purchase 07/27/2020 89237VAB5 5,625.00 Federated Investors Govt Oblig Fund Inst. 155,000.00 Toyota Auto Receivables Trust 2020-C A3 0.44% Due 10/15/2024 1.000 0.01% 99.992 5,625.00 0.44% 154,988.07 0.00 0.00 5,625.00 154,988.07 0.00 0.00 Purchase 07/28/2020 60934N807 4,900.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 4,900.00 0.00 4,900.00 0.00 Purchase 07/29/2020 60934N807 4,700.00 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 4,700.00 0.00 4,700.00 0.00 Purchase 07/31/2020 60934N807 7,593.75 Federated Investors Govt Oblig Fund Inst. 1.000 0.01% 7,593.75 0.00 7,593.75 0.00 Subtotal 1,684,390.51 1,683,163.15 0.00 1,683,163.15 0.00 Security 07/31/2020 90SDCP$00 Contribution 120,000.00 County of San Diego Pooled Investment 1.000 Pool 120,000.00 0.00 120,000.00 0.00 Subtotal 120,000.00 120,000.00 0.00 120,000.00 0.00 TOTAL ACQUISITIONS 1,804,390.51 1,803,163.15 0.00 1,803,163.15 0.00 Chandler Asset Management Page 11 Execution Time: 9/23/2020 10:. 52 of 96 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Sale 07/09/2020 912828XR6 600,000.00 US Treasury Note 1.75% Due 5/31/2022 102.992 0.17% 617,953.13 1,118.85 619,071.98 4,242.19 Sale 07/10/2020 60934N807 558,796.00 Federated Investors Govt Oblig Fund 1.000 0.01% 558,796.00 0.00 558,796.00 0.00 Inst. Sale 07/22/2020 60934N807 74,988.57 Federated Investors Govt Oblig Fund 1.000 0.01% 74,988.57 0.00 74,988.57 0.00 Inst. Sale 07/22/2020 9127964G1 100,000.00 US Treasury Bill 0.143% Due 10/6/2020 99.978 0.11% 99,977.83 0.00 99,977.83 18.20 Sale 07/27/2020 60934N807 154,988.07 Federated Investors Govt Oblig Fund 1.000 0.01% 154,988.07 0.00 154,988.07 0.00 Inst. Subtotal 1,488,772.64 1,506,703.60 1,118.85 1,507,822.45 4,260.39 Paydown 07/15/2020 43815NAC8 0.00 Honda Auto Receivables Trust 2019-3 100.000 0.00 148.33 148.33 0.00 A3 1.78% Due 8/15/2023 Paydown 07/15/2020 477870AC3 0.00 John Deere Owner Trust 2019-B A3 100.000 0.00 211.79 211.79 0.00 2.21% Due 12/15/2023 Paydown 07/15/2020 47789JAB2 13,736.90 John Deere Owner Trust 2019-A A2 100.000 13,736.90 163.78 13,900.68 0.63 2.85% Due 12/15/2021 Paydown 07/15/2020 47789KAC7 0.00 John Deere Owner Trust 2020-A A3 100.000 0.00 155.83 155.83 0.00 1.1% Due 8/15/2024 Paydown 07/15/2020 65479JAD5 0.00 Nissan Auto Receivables Owner 2019-C 100.000 0.00 579.00 579.00 0.00 A3 1.93% Due 7/15/2024 Paydown 07/15/2020 89232HAC9 0.00 Toyota Auto Receivable Own 2020-A A3 100.000 1.66% Due 5/15/2024 0.00 332.00 332.00 0.00 Paydown 07/15/2020 89238KAD4 22,238.52 Toyota Auto Receivables Trust 2017-D 100.000 22,238.52 263.55 22,502.07 61.68 A3 1.93% Due 1/18/2022 Paydown 07/20/2020 43814UAG4 12,100.75 Honda Auto Receivables Trust 2018-2 100.000 A3 3.01% Due 5/18/2022 12,100.75 328.96 12,429.71 0.26 Chandler Asset Management Page 12 Execution Time: 9/23/2020 10:. 53 of 96 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss DISPOSITIONS Paydown 07/20/2020 43814WAB1 10,797.28 Honda Auto Receivables Trust 2019-1 100.000 A2 2.75% Due 9/20/2021 10,797.28 122.74 10,920.02 0.69 Paydown 07/21/2020 43813RAC1 0.00 Honda Auto Receivables 2020-1 A3 100.000 1.61% Due 4/22/2024 Paydown 0.00 93.92 93.92 0.00 07/21/2020 43815HAC1 16,128.83 Honda Auto Receivables Trust 2018-3 100.000 A3 2.95% Due 8/22/2022 16,128.83 502.85 16,631.68 2.21 Subtotal 75,002.28 75,002.28 2,902.75 77,905.03 65.47 Security Withdrawal 07/03/2020 60934N807 2,318.01 Federated Investors Govt Oblig Fund 1.000 Inst. 2,318.01 0.00 2,318.01 0.00 Security Withdrawal 07/30/2020 9OLAIF$00 7,000,000.00 Local Agency Investment Fund State 1.000 Pool 7,000,000.00 0.00 7,000,000.00 0.00 Subtotal 7,002,318.01 7,002,318.01 0.00 7,002,318.01 0.00 TOTAL DISPOSITIONS 8,566,092.93 8,584,023.89 4,021.60 8,588,045.49 4,325.86 OTHER TRANSACTIONS Interest 07/07/2020 3135G0X24 625,000.00 FNMA Note 1.625% Due 1/7/2025 0.000 4,993.49 0.00 4,993.49 0.00 Interest 07/08/2020 89236TFS9 400,000.00 Toyota Motor Credit Corp Note 0.000 6,700.00 0.00 6,700.00 0.00 3.35% Due 1/8/2024 Interest 07/10/2020 24422EUR8 400,000.00 John Deere Capital Corp Note 0.000 6,900.00 3.45% Due 1/10/2024 Interest Interest Interest 07/11/2020 06051GEU9 400,000.00 Bank of America Corp Note 0.000 6,600.00 3.3% Due 1/11/2023 07/13/2020 3137EADB2 575,000.00 FHLMC Note 0.000 6,828.13 2.375% Due 1/13/2022 07/25/2020 45950KCM0 500,000.00 International Finance Corp Note 0.000 5,625.00 2.25% Due 1/25/2021 0.00 6,900.00 0.00 0.00 6,600.00 0.00 0.00 6,828.13 0.00 0.00 5,625.00 0.00 Chandler Asset Management Page 13 Execution Time: 9/23/2020 10:. 54 of 96 City of National City Consolidated Account#10218 Transaction Ledger As of July 31, 2020 CM Transaction Settlement Type Date CUSIP Quantity Security Description c Price Aq/Disp Yield Amount Interest Pur/Sold Total Amount Gain/Loss OTHER TRANSACTIONS Interest Interest Interest Interest 07/28/2020 69353RFE3 07/29/2020 91159HHL7 07/31/2020 912828576 400,000.00 PNC Bank Callable Note Cont 6/28/2022 0.000 400,000.00 2.45% Due 7/28/2022 US Bancorp Callable Note 1X 12/29/2020 2.35% Due 1/29/2021 600,000.00 US Treasury Note 1.125% Due 7/31/2021 4,900.00 0.00 4,900.00 0.00 0.000 4,700.00 0.00 4,700.00 0.00 0.000 07/31/2020 912828V72 450,000.00 US Treasury Note 1.875% Due 1/31/2022 3,375.00 0.00 3,375.00 0.00 0.000 4,218.75 0.00 4,218.75 0.00 Subtotal 4,750,000.00 54,840.37 0.00 54,840.37 0.00 Dividend 07/02/2020 60934N807 34,864.34 Federated Investors Govt Oblig Fund 0.000 2.52 0.00 2.52 0.00 Inst. Dividend 07/15/2020 9OLAIF$00 1,061,431,813.79 Local Agency Investment Fund State Pool 0.000 42,592.78 0.00 42,592.78 0.00 Subtotal 1,061,466,678.13 42,595.30 0.00 42,595.30 0.00 TOTAL OTHER TRANSACTIONS 1,066,216,678.13 97,435.67 0.00 97,435.67 0.00 Chandler Asset Management Page 14 Execution Time: 9/23/2020 10:. 55 of 96 The following page(s) contain the backup material for Agenda Item: Warrant Register #7 for the period of 8/12/20 through 8/18/20 in the amount of $1,177,350.18. (Finance) Please scroll down to view the backup material. 56 of 96 CERTIFICATION IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6" ' OF OCTOBER 2020. AYES NAYS ABSENT 57 of 96 CALIFORNIA PAYEE SANDAG VIDEO TRACK LLC SHER EDLING LLP VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC VIDEO TRACK LLC ACE UNIFORMS & ACCESSORIES INC AEP CALIFORNIA LLC ALDEMCO ALL FRESH PRODUCTS ALLSTAR FIRE EQUIPMENT INC AT&T BOOT WORLD C P RICHARDS SIGNS INC CA ASSOC. OF CODE ENFORCEMENT OFFICER; CALIFORNIA PARK & RECREATION SOCIETY CHEN RYAN ASSOCIATES INC CIRCULATE SAN DIEGO CITY OF SAN DIEGO CLAIMS MANAGEMENT ASSOCIATES COUNTY OF SAN DIEGO COX COMMUNICATIONS CROSS CONNECTIONS CSAC EXCESS INS AUTHORITY CSAC EXCESS INS AUTHORITY CXTEC CXTEC DAY WIRELESS SYSTEMS (20) DELGADO, ELYANA DEPARTMENT OF TRANSPORTATION DISASTER MANAGEMENT SYSTEMS DISCOUNT SIGNS & BANNERS D-MAX ENGINEERING INC EASLEY, ULYSSA ENDURA LLC ENTERPRISE FLEET MANAGEMENT FASTSIGNS FIRE ETC FIRE ETC FIRE SERVICE SPECIF & SUPPLY GRAINGER GRAINGER HANDY METAL MART HOME DEPOT CREDIT SERVICES rIoNALCIryy �1 1ce - INCORPORATED WARRANT REGISTER # 7 8/18/2020 DESCRIPTION CHK NO FY2021 MEMBER AGENCY ASSESSMENT & CRIMIN 348805 LIABILITY CLAIM COST 348806 PROFESSIONAL SERVICES / CAO 348807 LIABILITY CLAIM COST 348808 LIABILITY CLAIM COST 348809 LIABILITY CLAIM COST 348810 LIABILITY CLAIM COST 348811 LIABILITY CLAIM COST 348812 UNIFORMS AND ACCESSORIES FOR FY 21 348813 UPFIT FOR UC VEH 348814 FOOD NUTRITION 348815 FOOD NUTRITION 348816 LION LPG928BK COMMANDER ACE BLACK LEATHE 348817 AT&T SBC ANNUAL PHONE SERVICE FOR FY21 348818 BOOTS STAFF/ NSD 348819 HOSE BED COVER GRAPHICS 348820 CACEO VIRTUAL SEMINAR / NSD 348821 COMMUNITY SERVICES CPRS CONFERENCE & EXP 348822 CIP 19-24 BAYSHORE BIKEWAY SEGMENT 5- EN 348823 CIRCULATE SAN DIEGO WILL ESTABLISH A 348824 TRANSPORTATION / TREATMENT FEES FY 2020 348825 PROFESSIONAL SERVICES 348826 NEXTGEN REGIONAL COMMUNICATIONS SYSTEM 348827 COX DATA VIDEO SERVICES FOR FY21 348828 LI-ION BATTERIES 348829 OPTIONAL EXCESS LIABILITY PROGRAM 348830 POLLUTION PROGRAM 348831 CP-7821-K9- 348832 OUT OF STATE TAXES 348833 DISPATCH WIRE MOVE 348834 REIMBURSEMENT ELYANA COMM SERVICES 348835 HIGHWAY LIGHTING FOR FY 2020- 348836 DYNAMIC VEST -BLUE AND WHITE, TRIAGE TAG 348837 STRUCTURE HELMET REFLECTIVE NAMES 348838 T&A90396 724 CIVIC CENTER 348839 MISS NC EDUCATIONAL PAGEANT SCHOLARSHIP 348840 DISPATCH CHAIRS 348841 ENTERPRISE FLEET LEASE - ENG/PW 348842 PRINTED OR COMPLEX CUT VINYL PRICED BT H 348843 FIRE HOSE 1.5 IN. 1.75 IN. 41N. PVC SUCT 348844 REDBACK PULL ON STATION BOOT STEEL TOE 348845 SERVICE WORK ON HOMATRO RESCUE TOOLS. PA 348846 COURIER BOX/GRAY/SECTION 8 348847 MOP 65179 GENERAL SUPPLIES - PW 348848 PS GALVANIZED PIPE 2" 348849 GENERAL SUPPLIES FOR FY 2021 348850 DATE 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 AMOUNT 24,078.00 3,419.00 15,484.28 1,850.00 420.00 245.00 227.50 32.00 383.55 3,570.50 14,729.43 8,253.19 2,069.63 90.38 122.32 81.56 250.00 1,350.00 80,885.68 3,652.50 1,080.12 7,200.00 8,920.50 132.31 909.92 57,399.00 3,249.00 1,829.51 160.08 9,243.75 321.62 10,256.86 611.61 6.47 971.13 815.00 5,089.51 6,792.62 125.06 15,991.69 1,495.33 2,377.10 790.70 2,288.05 227.08 867.12 1/4 58 of 96 CALIFORNIA PAYEE HONOR LIFE MEMORIALS INTENT DIGITAL LLC JANI-KING OF CALIFORNIA INC KRONOS INC L N CURTIS & SONS LASER SAVER INC LEHR AUTO ELECTRIC LUIGGI ANGELUCCI MISAC NAPA AUTO PARTS NATIONAL CITY CHAMBER NEIL CAPIN NEXT DAY PRINTED TEES NV5 INC OFFICE SOLUTIONS BUSINESS OLIVER PRODUCTS O'REILLY AUTO PARTS PACIFIC REFRIGERATION INC PADRE JANITORIAL SUPPLIES PARK CITY ENTERTAINMENT, INC PICASSO COUNTERTOP & CABINET POLICE AND FIRE PSYCHOLOGY POWERSTRIDE BATTERY CO INC PRO BUILD COMPANY PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY PRUDENTIAL OVERALL SUPPLY RIVERA ROLLIN SUTTON SELECT ELECTRIC INC SIEMENS INDUSTRY INC SITEONE LANDSCAPE SUPPLY LLC SMART SOURCE OF CALIFORNIA LLC SOUTHERN CALIF TRUCK STOP SOUTHWESTERN COMMUNITY COLLEGE SPEEDPRO IMAGING THE SHERWIN WILLIAMS CO THOMAS THOMAS TRI TECH FORENSICS INC T'S & SIGNS U S BANK UNITED PARCEL SERVICE VCA EMERGENCY ANIMAL HOSPITAL VERIZON WIRELESS rIoNALCIryy �1 1ce - INCORPORATED WARRANT REGISTER # 7 8/18/2020 DESCRIPTION HONOR LIFE ENGRAVING CHARGE LABOR INTENT DIGITAL ANNUAL RENEWAL 9/1/20 - COVID-19 JANITORIAL SERVICES- 1243 NATIO KRONOS ANNUAL MAINTENANCE AND LICENSING EMERGNCY RESPONSE JACKET/FIRE INK FOR PRINTER CORE 1573000 MULTITOUCH LAPTOP DOCK T&A90207 KIMBALL APARTMENTS CCSP CERTIFICATION VIRTUAL TRAINING MOP 45735 EQUIPMENT SUPPLIES - PW CHAMBER OF COMMERCE MEMBERSHIP T&A90114 REFUND - PLAZA CARWASH PRINTING OF WHOLESALE GOODS -ONE COLOR T&A90449 HARDING APTS. MOP 83778-OFFICE SUPPLIES SECT8 HOME DELVERED PACKAGING MOP 75877 AUTO SUPPLIES - PW DISHWASHER/ICE MACHINE REPAIRS/MLK JANITORIAL NUTRITION DISPATCH DESK TREADMILL COUNTERTOP FOR FISH BOWL PSYCH EXAMS MOP 63839 AUTO SUPPLIES - PW MOP 45707 GENERAL SUPPLIES - PW MOP PURCHASE 45707 BUILDING SUPPLIES STA TEMP SERVICES MOP 45742 LAUNDRY SERVICES - PW MOP 45742 PURCHASE SHOP TOWEL RENTAL AN MISS NC EDUCATIONAL PAGEANT SCHOLARSHIP T&A90111 1229 HARBISON AVENUE CITYWIDE TRAFFIC SIGNAL & ADA ADDITIONAL FIRE AND SECURITY ALARM FERTILIZER AND HERBICIDE FOR PARKS PARKING VIOLATION NOTICES MOP 45758 GENERALSERVICES - PW T&A90103 HIGHLAND EDUCATION CENTER DECALS FOR CITY TRUCKS MOP 77816 PAINT SUPPLIES / NSD MISS NC EDUCATIONAL PAGEANT SCHOLARSHIP T&A90242 BNFS TRACK RPLC. PPE GEAR COMMUNITY SERVICES EMPLOYEE REUSABLE FAC US BANCORP CARD PAYMENT LATE FEE & SHIPPING TO LVPD EMERGENCY STRAY ANIMAL CARE FY 21 VERIZON CELLULAR SERVICES FOR FY21 CHK NO 348851 348852 348853 348854 348855 348856 348857 348858 348859 348860 348861 348862 348863 348864 348865 348866 348867 348868 348869 348870 348871 348872 348873 348874 348875 348876 348877 348878 348879 348880 348886 348889 348890 348891 348892 348893 348894 348901 348902 348903 348904 348905 348906 348907 348908 348909 DATE 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 8/18/20 AMOUNT 525.00 3,000.00 9,572.62 83.81 11,609.06 1,086.96 292,214.58 233.78 1,795.00 67.94 100.00 339.04 96.88 5,265.75 686.23 208.97 60.62 1,282.36 33.30 949.05 1,338.26 1,300.00 235.95 4,280.33 53.20 1,280.00 772.70 75.00 1,215.00 199.54 76,021.57 4,740.00 3,113.98 4,021.92 15.34 1,756.51 519.38 268.82 1,925.00 1,158.48 2,009.46 259.37 2,154.92 214.54 610.83 152.47 2/4 59 of 96 CALIFORNIA PAYEE VIVANT SOLAR DEVELOPER LLC WILLY'S ELECTRONIC SUPPLY ZOLL MEDICAL CORP AARDVARK ADAMSON POLICE PRODUCTS ARJIS ASSI SECURITY INC AZTEC APPLIANCE INC CIRCULATE SAN DIEGO CITY OF CHULA VISTA CLYDE ARMORY DEPT OF JUSTICE DISCOUNT SPECIALTY CHEMICALS EXOS COMMUNITY SERVICES LLC JJJ ENTERPRISES L C ACTION LANGUAGE LINE SERVICES LASER SAVER INC NATIONAL CITY CAR WASH OFFICE SOLUTIONS BUSINESS PALOMAR HEALTH PEPPERBALL PRO BUILD COMPANY RAY ALLEN MANUFACTURING, LLC SAFARILAND, LLC SAN DIEGO PET SUPPLY SAN DIEGO POLICE EQUIPMENT STAPLES BUSINESS ADVANTAGE SYMBOLARTS, LLC TECHNOLOGY INTEGRATION GROUP TERMINIX INTERNATIONAL THE COUNSELING TEAM THE ENGRAVING STORE U S BANK ULTIMATE TRAINING MUNITIONS UNITED ROTARY BRUSH CORP US BANK VCA EMERGENCY ANIMAL HOSPITAL VCA MAIN ST ANIMAL HOSPITAL WAXIE SANITARY SUPPLY WEST PAYMENT CENTER WILLY'S ELECTRONIC SUPPLY rIoNALCIryy (1 e e - INCORPORATED WARRANT REGISTER # 7 8/18/2020 DESCRIPTION REFUND OF INSPECTION FEES MOP 00351 PD PREVENTIVE MAINTENANCE ZOLL HEART MONITO FLASH BANG BOX SWAT EARS ARJIS/JPA COST UTILIZATION/ESUN- CITY WIDE DOOR SECURITY SERVICES AND 16 CF TOP FREEZER TOP REFER CIRCULATE SAN DIEGO WILL ESTABLISH A ANIMAL SHELTER FEES COLT RAILS AND MOUNTS FINGERPRINTING FOR EMPLOYEES AND NARC C-ROUGHTOUGH SCRUBS MANAGEMENT POO FEES FIRE AND SECURITY ALARM MONITORING COLT UPPER KIT LANGUAGE LINE SERVICES FOR DISPATCH MOP 04840 PD CAR WASH SERVICES FOR CITY FLEET FY 2020 MOP 25003 PD SEXUAL ASSAULT EXAMS / PD PEPPER BALL LAUNCHERS MOP 20462 PD RS65L ULTRA TRNG SUIT W POL PKG LRG PE SUPPLIES MOP 02975 PD BALLISTIC VESTS AND CARRIERS FOR FY 21 MOP 20468 PD BADGES, BADGE REPAIR, PINS AS NEEDED MISC MIS EQUIP CITY OWNED FACILITIES ONGOING PEST COUNSELING SERVICES FLAG BOX MEEKS MOP 19657 PD TRAINING MUNITIONS STREET SWEEPER REPAIRS AND MAINTENANCE OFFICE SUPPLIES AND TDA ONLINE TRAINING EMERGENCY STRAY ANIMAL CARE FY 21 K9 VET CARE FOR FY 21 MISCELLANEOUS JANITORIAL SUPPLIES, CLEAR INVESTIGATIVE SERVICES DATABASE DISPATCH PROJECT CHK NO DATE AMOUNT 348910 8/18/20 868.14 348911 8/18/20 465.89 348913 8/18/20 1,386.55 348914 8/18/20 445.77 348915 8/18/20 10,630.32 348916 8/18/20 66,562.00 348917 8/18/20 3,921.66 348918 8/18/20 677.75 348919 8/18/20 1,870.00 348920 8/18/20 89,628.00 348921 8/18/20 12,225.00 348922 8/18/20 128.00 348923 8/18/20 415.75 348924 8/18/20 7,225.35 348925 8/18/20 160.00 348926 8/18/20 5,670.23 348927 8/18/20 337.64 348928 8/18/20 434.92 348929 8/18/20 335.00 348930 8/18/20 493.33 348931 8/18/20 1,350.00 348932 8/18/20 4,880.63 348933 8/18/20 16.51 348934 8/18/20 2,723.15 348935 8/18/20 643.88 348936 8/18/20 299.26 348937 8/18/20 1,781.33 348938 8/18/20 558.04 348939 8/18/20 2,106.09 348940 8/18/20 1,331.65 348941 8/18/20 100.00 348942 8/18/20 800.00 348943 8/18/20 43.00 348944 8/18/20 1,314.65 348945 8/18/20 17,889.15 348946 8/18/20 640.99 348947 8/18/20 287.81 348948 8/18/20 585.39 348949 8/18/20 915.68 348950 8/18/20 2,796.08 348951 8/18/20 1,241.60 348952 8/18/20 32.63 A/P Total 1,055,756.50 3/4 60 of 96 \ 1 i CALIFORNIA PAYEE WIRED PAYMENTS ADMINSURE INC ARCO BUSINESS SOLUTIONS PAYCHEX BENEFIT TECH INC NATIONAL My INCORPORATE WARRANT REGISTER # 7 8/18/2020 DESCRIPTION CHK NO DATE WC ACCT PERIOD JULY 1-31, 2020 W0308 FUEL CHGS JULY 1-31, 2020 BENETRAC ESR SVCS BASE FEE-JULY GRAND TOTAL 061662 8/13/20 061761 8/13/20 021982 8/14/20 AMOUNT 89,933.43 31,138.85 521.40 $ 1,177,350.18 4/4 61 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #7 for the period of 8/12/20 through 8/18/20 in the amount of $1,177,350.18. (Finance) PREPARED BY: Arnold Ocana — Acting Finance Manager PHONE: 619-336-4342 EXPLANATION: Per Government Section Code 37208, attached are the warrants issued for the period 8/12/20 - 8/18/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. DEPARTMENT: F. Vendor CSAC EXCESS INS AUTHORITY ARJIS SELECT ELECTRIC INC CHEN RYAN ASSOCIATES INC CITY OF CHULA VISTA ADMINSURE, INC. LEHR AUTO ELECTRIC Check/Wire 348830 348916 348886 348823 348920 061662 348857 Amount 57,399.00 66,562.00 76,021.57 80,885.68 89,628.00 89,933.43 292,214.58 APPROVED BY: Explanation OPTIONAL EXCESS LIABILITY PROGRAM ARJIS/JPA COST UTILIZATION/ESUN CITYWIDE TRAFFIC SIGNAL & ADA CIP 19-24 BAYSHORE BIKEWAY SEGMENT ANIMAL SHELTER FEES WC ACCT PERIOD JULY 1-31, 2020 CORE 1573000 MULTITOUCH LAPTOP DOCK FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,177,350.18. APPROVED: VU/<l FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,177,350.18. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 7 62 of 96 The following page(s) contain the backup material for Agenda Item: Warrant Register #8 for the period of 8/19/20 through 8/25/20 in the amount of $1,806.685.05. (Finance) Please scroll down to view the backup material. 63 of 96 CALIFORNIA PAYEE ACE UNIFORMS & ACCESSORIES INC ADASTRAGOV, INC ADMINSURE INC ALDEMCO ALL FRESH PRODUCTS AMAZON AMERICAN PLANNING ASSOCIATION ANDERSON, STEVEN ATLANTIC SAFETY PRODUCTS INC BAKER ELECTRIC INC BROADWAY AUTO GLASS BUREAU VERITAS N AMERICA INC CARRANZA, CYNTHIA CHEN RYAN ASSOCIATES INC CLF WAREHOUSE INC CONCENTRA MEDICAL CENTERS COUNTYWIDE MECHANICAL SYSTEMS DANIELS TIRE SERVICE DAY WIRELESS SYSTEMS DEPARTMENT OF TOXIC SUBSTANCES D-MAX ENGINEERING INC FIT TO WORK INC GEOSYNTEC CONSULTANTS INC GOVCONNECTION INC GOVERNMENT TRAINING AGENCY GOVINVEST INC GRAINGER GURROLA, VALERIE GURROLA, VALERIE HANDY METAL MART HDL COREN & CONE HDR ENGINEERING, INC. HINDERLITER DE LLAMAS & HOME DEPOT CREDIT SERVICES INNOVATIVE CONSTRUCTION IPS GROUP INC KTUA L N CURTIS & SONS LASHBROOK LIFE ASSIST INC MAINTEX INC MELENDREZ, VALENCIA NATIONAL CITY CHAMBER OF COMMERCE NATIONAL TRAINING CONCEPTS NAVRAI INC DBA STARDUST INN NERI LANDSCAPE ARCHITECTURE rIoNALCIryy �1 1ce - INCORPORATED WARRANT REGISTER # 8 8/25/2020 DESCRIPTION NAMESTRIPS LABOR COSTING MODULE - ANNUAL LICENSING AGREEMENT TO PROVIDE MONTHLY SERVICES - CONSUMABLES - NUTRITION CENTER FOOD NUTRITION WOOD ADJUSTABLE LITERATURE ORGANIZER, AMERICAN PLANNING ASSOCIATION DUES TRAINING ADV SUB FLASH BANG P/E GLOVES CIP 19-46 LAS PALMAS POOL ELECTRICAL OFF -SITE WINDOW TINT, REPAIR, AND BUREAU VERITAS - PERMITTING SERVICES CITATION REFUND/DUPLICATE PMNT CIP 19-24 BAYSHORE BIKEWAY SEGMENT 5 - E MOP 80331 AUTO SUPPLIES - PW DOT EXAMS & HEP NB VACCINES CITYWIDE ON -SITE HVAC SERVICES, TIRES FOR CITY FLEET FOR FY 2021 LADDER/ANTENNA/CABLE-FIRE PUBLIC WORKS YARDS SEWER UPSIZING COMPREHENSIVE ERGONOMIC EVALUATION/HED CLEANING SVCS/NUTRITION CTR THINK BOOK CCMA FY 2020/2021 ANNUAL FEE- BRAD RAULS PENSION MODULE - ANNUAL LICENSING FEE BUILDING SUPPLIES AND EQUIPMENT FY 21- PROFESSIONAL SERVICES PROFESSIONAL SERVICES 10-210, MISCELLANEOUS STEEL CONTRACT SVCS PROPERTY TAX/JULY-SEPT 202 SEWER UPSIZE CONTRACT SVCS/AUDIT SVCS QTR 1/2020 HOME DEPOT FACE MASK / NSD T&A90353 CDP2018-3619 ENFORCEMENT - JUNE CLEAN MOBILITY TUNES LARGE AND X-LARGE YELLOW WILDLAND COAT REIMB: LASHBROOK HOME DEP/DISPATCH SUPPL CIRCULAIRE II AEROSOL SYSTEM CITYWIDE JANITORIAL SUPPLIES, PARTS, CITATION REFUND/OVERPAYMENT MEMBERSHIP DUES ALEJANDRA SOTELO-SOLIS TRAINING TUITION FLASHBNG ANDERSON HOUSING RELOCATION / NSD PARADISE CREEK ED, PARK EXT. CHK NO 348953 348954 348955 348956 348957 348958 348959 348960 348961 348962 348963 348964 348965 348966 348967 348968 348969 348970 348971 348972 348973 348974 348975 348976 348977 348978 348979 348980 348981 348982 348983 348984 348985 348986 348987 348988 348989 348990 348991 348992 348993 348994 348995 348996 348997 348998 DATE 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 8/25/20 AMOUNT 576.46 9,000.00 7,872.50 2,119.81 928.24 247.17 99.00 256.00 3,434.78 12,176.95 189.43 10,426.76 70.00 36,570.60 50.38 712.00 551.43 6,640.78 324.79 471.28 690.00 465.00 1,500.00 847.62 750.00 9,000.00 4,406.62 10,194.60 612.43 141.62 2,979.83 15,593.50 14,676.14 108.42 129.00 2,009.89 4,865.00 3,068.80 95.17 326.97 1,210.91 40.00 110.00 307.00 1,126.18 15,269.00 1/2 64 of 96 CALIFORNIA PAYEE NV5 INC OFFICE SOLUTIONS BUSINESS O'REILLY AUTO PARTS PACIFIC PRODUCTS & SERVICES PARTS AUTHORITY METRO LLC PENSKE FORD PRIASOFT, INC. PRO BUILD COMPANY PROFESSIONAL SEARCH GROUP LLC PRUDENTIAL OVERALL SUPPLY RANDALL LAMB ASSOCIATES INC SAN DIEGO GAS & ELECTRIC SCANNING SERVICE CORPORATION SCST INC SDG&E SMART SOURCE OF CALIFORNIA LLC SOLORIO FILM PRODUCTIONS SOUTH BAY COMMUNITY SERVICES SOUTH COAST EMERGENCY STAPLES BUSINESS ADVANTAGE SUN BADGE COMPANY INC SWEETWATER AUTHORITY TERMINIX INTERNATIONAL THE SHERWIN WILLIAMS CO TRUE CUSTOMS U S BANK U S BANK UNITED ROTARY BRUSH CORP VIDEO TRACK LLC VIDEO TRACK LLC WAXIE SANITARY SUPPLY Z A P MANUFACTURING INC ZOLL MEDICAL CORP WIRED PAYMENTS PUBLIC EMP RETIREMENT SYSTEM PAYROLL Pay period Start Date 16 7/28/2020 rIoNALCIryy �1 ,i cicti - INCORPORATED WARRANT REGISTER # 8 8/25/2020 DESCRIPTION LAS PALMAS POOL COMMUNITY SERVICES MLK PAPER ORDER MOP 75877 AUTO SUPPLIES - PW PART NUMBER 20D12P - 10 - PG - MOP 75943 AUTO SUPPLIES - PW R&M CITY VEHICLES FY 2021 PRODUCT #PSE-MIGRATION-T1- MOP 45707 BUILDING SUPPLIES - PW TEMP SERVICES MOP 45742 LAUNDRY SERVICES - PW POLICE DEPT. STANBY POWER GAS&ELECTRIC/NUTRITION/1415 D AVE SCANNING SERVICES- BUILDING DEPT. DOCUME PARADISE CREEK W.QUALITY GAS AND ELECTRIC UTILITIES FOR MOP 63845 SMART SOURCE - PLANNING DIV. B MEDIA PRODUCTION HOME AGREEMENT: SOUTH BAY COMMUNITY PIE-3350438, TUBE 1.65 OD X 28.60 LG MOP 45704 - STAPLES - CREDIT CARD SERVIC BADGE FOR ALEX CORDOVA / NSD WATER BILL FOR FACILITIES FY 2021 ON -SITE PEST CONTROL SERVICES AS NEEDED MOP 77816 PAINT SUPPLIES / NSD PARTS MOP 19657 PD US BANK - CREDIT CARD SERVICES STREET SWEEPER REPAIRS AND MAINTENANCE LIABILITY CLAIM COST LIABILITY CLAIM COST MISCELLANEOUS JANITORIAL SUPPLIES, BLANKS - BLANKET PURCHASE PREVENTIVE MAINTENANCE SERVICE PERIOD 07/28/20 - 08/10/20 4/29/2020 5/5/2020 End Date 8/10/2020 Check Date 8/19/2020 GRAND TOTAL CHK NO DATE AMOUNT 348999 8/25/20 4,285.71 349000 8/25/20 481.63 349001 8/25/20 117.96 349002 8/25/20 1,462.69 349003 8/25/20 74.48 349004 8/25/20 357.60 349005 8/25/20 7,495.42 349006 8/25/20 1,505.18 349007 8/25/20 4,160.32 349008 8/25/20 1,302.17 349009 8/25/20 28,850.00 349010 8/25/20 7,520.73 349011 8/25/20 682.04 349012 8/25/20 1,919.00 349013 8/25/20 45,092.23 349014 8/25/20 86.95 349015 8/25/20 450.00 349016 8/25/20 35,798.00 349017 8/25/20 495.04 349018 8/25/20 417.36 349019 8/25/20 152.92 349020 8/25/20 18,643.95 349021 8/25/20 1,256.50 349022 8/25/20 183.84 349023 8/25/20 180.00 349024 8/25/20 2,813.68 349025 8/25/20 294.00 349026 8/25/20 554.67 349027 8/25/20 3,270.50 349028 8/25/20 1,715.00 349033 8/25/20 4,255.49 349036 8/25/20 2,924.61 349037 8/25/20 3,217.09 A/P Total 421,496.59 082120 8/21/20 256,008.91 1,129,179.55 $ 1,806,685.05 2/2 65 of 96 CERTIFICATION IN ACCORDANCE WITH SECTIONS 37202, 37208, AND 372059 OF THE GOVERNMENT CODE, WE HEREBY CERTIFY TO THE ACCURACY OF THE DEMANDS LISTED ABOVE AND TO THE AVAILABILITY OF FUNDS FOR THE PAYMENT THEREOF AND FURTHER THAT THE ABOVE CLAIMS AND DEMANDS HAVE BEEN AUDITED AS REQUIRED BY LAW. MARK ROBERTS, DIRECTOR OF FINANCE BRAD RAULSTON, CITY MANAGER FINANCE COMMITTEE ALEJANDRA SOTELO-SOLIS, MAYOR/CHAIRWOMAN MONA RIOS, VICE MAYOR JERRY CANO, COUNCILMEMBER GONZALO QUINTERO, COUNCILMEMBER RONALD J. MORRISON, COUNCILMEMBER I HEREBY CERTIFY THAT THE FOREGOING CLAIMS AND DEMANDS WERE APPROVED AND THE CITY TREASURER IS AUTHORIZED TO ISSUE SAID WARRANTS IN PAYMENT THEREOF BY THE CITY COUNCIL ON THE 6" ' OF OCTOBER 2020. AYES NAYS ABSENT 66 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO.: ITEM TITLE: Warrant Register #8 for the period of 8/19/20 through 8/25/20 in the amount of $1,806,685.05. (Finance) PREPARED BY: Arnold Ocana — Acting Finance Manager DEPARTMENT: Fin_ PHONE: 619-336-4342 EXPLANATION: APPROVED BY: Per Government Section Code 37208, attached are the warrants issued for the period 8/19/20 - 8/25/20. Consistent with Department of Finance's practice, listed below are all payments above $50,000. Vendor Check/Wire Amount PUBLIC EMP RETIREMENT SYSTEM 082120 256,008.91 Explanation SERVICE PERIOD 07/28/20 - 08/10/20 FINANCIAL STATEMENT: ACCOUNT NO. Warrant total $1,806,685.05. APPROVED: LWA,4a/ Z FINANCE APPROVED: MIS ENVIRONMENTAL REVIEW: This is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION FINAL ADOPTION STAFF RECOMMENDATION: Ratify warrants totaling $1,806,685.05. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Warrant Register # 8 67 of 96 The following page(s) contain the backup material for Agenda Item: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City Repealing Chapter 10.32 of Title 10 of the National City Municipal Code regarding Impersonating a Member of the Opposite Sex. (City Attorney) Please scroll down to view the backup material. 68 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO. ITEM TITLE: Public Hearing and Introduction of an Ordinance of the City Council of the City of National City Repealing Chapter 10.32 of Title 10 of the National City Municipal Code regarding Impersonating a Member of the Opposite Sex. PREPARED BY: Angil P. Morris -Jones PHONE: 619 336-4220 EXPLANATION: Please see attached Staff Report DEPARTMENT: APPROVED B FINANCIAL STATEMENT: ACCOUNT NO. N/A ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Introduce the Ordinance. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Staff Report 2. Proposed Ordinance 69 of 96 * CALIFORNIA ,. NATIONAL Mr CITY ATTORNEY OF NATIONAL CITY STAFF REPORT DATE: October 6, 2020 TO: Mayor and City Councilmembers FROM: Angil P. Morris -Jones, City Attorney SUBJECT: An Ordinance Repealing Chapter 10.32 of the National City Municipal Code Section 10.32.010 is entitled, Impersonating Members of the Opposite Sex and was adopted in 1966 as Ordinance No.1137. The section in question is unconstitutional and invalid under state law and same has not been used by law enforcement for years. National City is a general law City and therefore when the state's law changed such resulted in the section becoming unenforceable and invalid. On September 19, 2020, the Mayor and Vice Mayor referred a matter to the City Attorney that had been brought to their attention by a National City resident. The local resident was upset that Municipal Code Section 10.32.010 had not been removed from the City's Municipal Code. It should be noted, that it is not unusual for a City that is over a hundred and thirty years old to find out that they have sections in their Municipal Code that have become invalid. Moreover, in California the state legislature enacts hundreds of new laws every year and the courts render decisions on state law that change or effect the validity of an ordinance that was valid when adopted but becomes invalid as a result of changes in state or case law. However, when such outdated or invalid law is brought to staff's attention same is presented to you for updating or in this case for repeal. Therefore, please find attached a proposed ordinance that is entitled Ordinance of the City Council of National City Repealing Chapter 10.32 of Title 10 of the National City Municipal Code regarding Impersonating Members of the Opposite Sex. It is staff's recommendation that at your meeting on October 6, 2020, after first conducting a Public Hearing that the City Council introduce the Ordinance. 70 of 96 ORDINANCE NO. 2020 — AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY REPEALING CHAPTER 10.32 OF TITLE 10 OF THE NATIONAL CITY MUNICIPAL CODE REGARDING IMPERSONATING A MEMBER OF THE OPPOSITE SEX WHEREAS, on September 19, 2020 staff received a referral regarding Chapter 10.32 of Title 10 the Municipal Code entitled, Impersonating Member of the Opposite Sex which was adopted by Ordinance 1137 in 1966 and has since become unconstitutional and invalid under state law; and WHEREAS, the City of National City is a general law city and any city code that becomes invalid under state law is thereafter void and unenforceable as a city code. NOW THEREFORE, the City Council of the City of National City does hereby ordain that Chapter 10.32 of Title 10 of the City of National City Municipal Code entitled Impersonating Member of the Opposite Sex is repealed in its entirety. If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable or unconstitutional, by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability or unconstitutionality shall not affect the validity or enforceability of the remaining portions of the Ordinance, or its application to any other person or circumstance. The City Council of the City of National City hereby declares that it would have adopted each section, sentence, clause or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses or phrases of the Ordinance be declared invalid, unenforceable or unconstitutional. This ordinance shall take effect Thirty (30) days after its passage, and before the expiration of Fifteen (15) days after its passage a summary or the ordinance in its entirety shall be published, with the names of the members voting for and against the same, once in a local newspaper of general circulation in the City of National City, State of California. PASSED and ADOPTED this 20th day of October, 2020. Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 71 of 96 The following page(s) contain the backup material for Agenda Item: Resolution of the City Council of the City of National City approving the FY19 Staffing for Adequate Fire and Emergency Response (SAFER) Hiring grant and the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budget in the amount totaling $1,518,729 for hiring five firefighters for the next three years. (Fire) Please scroll down to view the backup material. 72 of 96 CITY OF NATIONAL CITY, CALIFORNIA COUNCIL A3ENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the City Council of the City of National City approving the FY19 Staffing for Adequate Fire and Emergency Response (SAFER) Hiring grant and the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budget in the amount totaling $1,518,729 for hiring five firefighters for the next three years. (Fire) PREPARED BY: Frank Parra DEPARTMENT: Fire PHONE: 619-336-4551 APPROVED BY: EXPLANATION: See attached explanation. FINANCIAL STATEMENT: APPROVED: l Finance ACCOUNT NO. Ex. 282-412-954-* Rev. 282-12954-3498 $1,518,729APPROVED: MIS FY21-Fully Funded, FY22-Fully Funded, FY23-Fully Funded, and FY24-$386,684; the total General Fund cost to the City does not materialize until the last 6 months of the program. ENVIRONMENTAL REVIEW: this is not a project and, therefore, not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution. BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: Explanation FY19 SAFER Grant Award Notification Email Resolution 73of961 EXPLANATION (FY) 2019 Staffing for Adequate Fire and Emergency Response (SAFER) grant The Fiscal Year (FY) 2019 Staffing for Adequate Fire and Emergency Response (SAFER) grant program is one of three grant programs that comprise the Department of Homeland Security (DHS) Federal Emergency Management Agency's (FEMA) focus on enhancing the safety of the public and firefighters with respect to fire and fire -related hazards. The SAFER program accomplishes this by providing funding directly to fire departments to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire -related hazards, and to fulfill traditional missions of fire departments. On September 16, 2020, the City received notice of an award totaling $1,518,729 for hiring five firefighters for the next three years. This grant program requires the City to accept the award within thirty (30) days from the date of award notification. The City would then be required to fill the awarded SAFER positions within a 180-day period after the date of award. This 180-day period is known as the "Recruitment Period." The grant award's period of performance (POP) starts after the Recruitment Period ends and lasts for a total of three years. This opportunity is vital to maintain our current minimum staffing levels and continue the Squad program for an additional three years while we all anticipate an end to this Pandemic and the challenging Fiscal situation we find ourselves in. We will also continue to seek opportunities to develop a permanent station and associated community center at the current El Toyon location. The five positions are hired as limited term but with current openings and expected retirements we know that our new five employees will have a long term place to work here in National City. The hope is that we will come out of this stronger and financially prepared to keep serving the public safety needs of our residents and visitors. The yearly cost to the City towards maintaining the SAFER positions over the three year period: FY21- Fully Funded, FY22-Fully Funded, FY23- Fully Funded, and FY24 - $386,684; the total General Fund cost to the City does not materialize until the last 6 months of the program. 74 of 96 Walter Amedee From: FEMA GO <no-reply@fema.dhs.gov> Sent: Wednesday, September 16, 2020 4:00 AM To: Ron Williams Cc: Walter Amedee; Ron Williams Subject: Award Notification (Application Number: EMW-2019-FF-01776) CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Dear Ron, Congratulations! Your grant application submitted under the Grant Programs Directorate's Fiscal Year (FY) 2019 Staffing for Adequate Fire and Emergency Response (SAFER) has been approved for award. Please use the FEMA GO system at https://go.fema.gov to accept or decline your award. Please note that you will have thirty (30) days from the date of this award notification to either accept or decline the award, and that the award must be accepted or declined by an Authorized Organization Representative (AOR) within the FEMA GO system. Instructions for registering within the system and becoming an AOR are available at https://www.fema.gov/gmm-training-resources. Once you are in the system and made an AOR for your organization, your home page will be the first screen you see. You will see a section entitled My Grants. In this section, please select the award acceptance link for EMW-2019-FF-01776 under Fiscal Year (FY) 2019 Staffing for Adequate Fire and Emergency Response (SAFER). View your award package and indicate your acceptance or declination of award. If you wish to accept your grant, you should do so immediately. When you have finished, we recommend printing your award package for your records. If you have questions on using the FEMA GO system, please reach out to the FEMA Enterprise Service Desk (1-877-611-4700). For programmatic questions about your grant, please reach out to the AFG Helpdesk (firegrants@fema.dhs.gov / 1-866-274-0960). Sincerely, Grants Management Branch Staffing for Adequate Fire and Emergency Response (SAFER) Department of Homeland Security / FEMA i 75 of 96 RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE FISCAL YEAR 2019 STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE (SAFER) HIRING GRANT AND THE ESTABLISHMENT OF A REIMBURSABLE GRANTS CITY-WIDE FUND APPROPRIATIONS AND CORRESPONDING REVENUE BUDGET IN THE AMOUNT TOTALING $1,518,729 FOR HIRING FIVE FIREFIGHTERS FOR THE NEXT THREE YEARS WHEREAS, the Fiscal Year ("FY") 2019 Staffing for Adequate Fire and Emergency Response ("SAFER") grant program is one of three (3) grant programs that comprise the Department of Homeland Security ("DHS"), Federal Emergency Management Agency's ("FEMA") focus on enhancing the safety of the public and firefighters with respect to fire and fire -related hazards; and WHEREAS, the SAFER program accomplishes this by providing funding directly to fire departments to assist in increasing the number of firefighters to help communities meet industry minimum standards and attain 24-hour staffing to provide adequate protection from fire and fire - related hazards, and to fulfill traditional missions of fire departments; and WHEREAS, on September 16, 2020, the City of National City ("City") received notice of an award totaling $1,518,729 for hiring five (5) firefighters for the next three (3) years; and WHEREAS, this grant program requires the City to accept the award within thirty (30) days from the date of award notification; and WHEREAS, the City would then be required to fill the awarded SAFER positions within a 180-day period after the date of award known as the "Recruitment Period"; and WHEREAS, the grant award's period of performance ("POP") starts after the Recruitment Period ends and lasts for a total of three (3) years. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City does hereby accept the Fiscal Year 2019 Staffing for Adequate Fire and Emergency Response ("SAFER") Hiring grant. BE IT FURTHER RESOLVED that the City Council of the City of National City does hereby authorize the establishment of Reimbursable Grants City -Wide Fund appropriations and corresponding revenue budget in the amount totaling $1,518,729 for hiring five firefighters for the next three years. PASSED and ADOPTED this 6th day of October, 2020. Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 76 of 96 The following page(s) contain the backup material for Agenda Item: Resolution of the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") authorizing the Executive Director to execute an Assignment and Assumption Agreement between South Bay Community Services, Community CAPS, LLC and the CDC - HA. (Housing Authority) Please scroll down to view the backup material. 77 of 96 CITY OF NATIONAL CITY, CALIFORNIA COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY COUNCIL AGENDA STATEMENT MEETING DATE: October 6, 2020 AGENDA ITEM NO. ITEM TITLE: Resolution of the Community Development Commission -Housing Authority of the City of National City ("CDC -HA") authorizing the Executive Director to execute an Assignment and Assumption Agreement between South Bay Community Services, Community CAPS, LLC and the CDC -HA. PREPARED BY: Greg Rose, Property Agent PHONE: 619-336-4266 EXPLANATION: Please see attached explanation. DEPARTMENT: APPROVED ority FINANCIAL STATEMENT: ACCOUNT NO. There is no fiscal impact to the CDC -HA or the City. APPROVED: APPROVED: Finance MIS ENVIRONMENTAL REVIEW: The adoption of this resolution is not subject to the provisions of the California Environmental Quality Act (CEQA) because the action will not have the potential for causing a significant effect on the environment. ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RFCOMMFNDATION: Adopt the Resolution. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. Assignment and Assumption Agreement 3. Resolution 78 of 96 Attachment No. 1 This Assignment and Assumption Agreement is entered into by South Bay Community Services and Community CAPS, LLC, and agreed and consented to by the Community Development Commission of the City of National City acting in its capacity as the Housing Authority of the City of National City. South Bay Community Services is the owner of property located in, National City, California. The Community Development Commission of the City of National City provided assistance in the form of a grant to South Bay Community Services to finance the acquisition and rehabilitation of the Property pursuant to a Housing Cooperation Agreement recorded on April 19, 2000. The Community Development Commission/Housing Authority elected to retain the housing assets and functions previously performed by the Community Development Commission pursuant to California Health and Safety Code Section 34176, and thereby, by operation of law, the Commission assumed the rights and obligations of the Community Development Commission of the City of National City with respect to the Housing Cooperation Agreement. South Bay Community Services wants to transfer fee title to the Property to Community CAPS, LLC and assign to Community CAPS, LLC all of South Bay Community Services' terms, obligations and responsibilities under the Housing Cooperation Agreement to Community CAPS, LLC. Community CAPS, LLC will accept fee title to the Property and assume all of the terms, obligations, and responsibilities of South Bay Community Services under the Housing Cooperation Agreement from and after the Effective Date of this Agreement. Community CAPS, LLC operates under the umbrella of South Bay Community Services and is fully capable to perform all the terms, obligations, and responsibilities of the Housing Cooperation Agreement. Community CAPS, LLC and South Bay Community Services has requested that the Community Development Commission/Housing Authority consent to the assignment of South Bay Community Services' interests and obligations in the Housing Cooperation Agreement to Community CAPS, LLC. The Community Development Commission/Housing Authority wishes to provide its consent for the assignment of South Bay Community Services' interests in the Housing Cooperation Agreement from South Bay Community Services to Community CAPS, LLC. 79 of 96 Attachment No. 2 RECORDING REQUESTED BY and: WHEN RECORDED RETURN TO: Community CAPS, LLC c/o South Bay Community Services 430 F Street Chula Vista, CA 91910 Attention: Kathryn Lembo SPACE ABOVE LINE FOR RECORDER'S USE ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN SOUTH BAY COMMUNITYCOMMUNITY SERVICES AND COMMUNITY CAPS, LLC 111111111.11 THIS ASSIGNMENT AND ASSUMPTION AGREEMENT ("Agreement"), dated as of September 2020, for reference purposes only, and which shall take effect upon the date of recordation of this Agreement with the San Diego County Recorder's Office (the "Effective Date), is entered into by South Bay Community Services, a California nonprofit public benefit corporation and also referred to herein as "Assignor" or "SI3CS") and Community CAPS, LLC, a California limited liability company ("Assignee"), and agreed and consented to by the Community Development Commission of the City of National City acting in its capacity as the Housing Authority of the City of National City (the "CDC -HA") (collectively the "Parties"). WHEREAS, Assignor is the owner o P • .. � ocated ::,..;:;.: ;,;_,: ,.;,. as more National City, California, � .. .E, particularly deed in the attached Exhibit A (the "Property"); ,, WHEREAS, the Community Development Commission of the City of National City provided assistance in the form of grant to Assignor to finance the acquisition and rehabilitation of the Property pursuant to that certain Housing Cooperation Agreement (recorded in the San Diego County Recorder's Office on April 19, 2000, as Doctunent No. 2000-0202122) which is hereby fully incorporated by reference into this Agreement (the "Rousing Cooperation Agreement"); WHEREAS, the CDC -IA elected to retain the housing assets of and functions previously performed by the Community Development Commission of the City of National City pursuant to California Health and Safety Code Section 34176, and thereby, by operation of law, the Commmission assumed the rights and obligations of the Community Development Commission of the City of National City with respect to the Housing Cooperation Agreement; WHEREAS, Assignor desires to transfer fee title to the Property to Assignee and assign to Assignee all of Assignor's terms, obligations and responsibilities under the Housing Cooperation Agreement to Assignee and Assignee desires to accept fee title to the Property and assume all of 80 of 96 Attachment No. 2 the terns, obligations, and responsibilities of Assignor under the Housing Cooperation Agreement from and after the Effective Date of this Agreement; WHEREAS, Assignee and Assignor have requested that the CDC -HA consent to the assignment of Assignor's interests and obligations in the Mousing Cooperation Agreement to Assignee; WHEREAS, Assignee warrants and represents that it is fully capable and will perform all the terms, obligations, and responsibilities of the Assignor under the Housing Cooperation Agreement Agreement; and WHEREAS, the CDC -HA wishes to provide its consent to the assignment of Assignor's interests in the Housing Cooperation Agreement from Assignor to Assignee under the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the receipt.and sufficiency of which are hereby acknowledged, CDC HA, Assignor, and Assignee agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Assignor and Assignee each represent and warrant to the CDC -HA that it has not failed to disclose to the CDC -HA any information which, if known by the CDC -HA, might provide grounds for the CDC -HA to withhold its consent to the assignment of Assignor's rights and obligations under the Housing Cooperation Agreement. 3. Assignor represents and warrants that it is in full compliance with all the terms and conditions of the Housing Cooperation Agreement; and no acts, omissions, or circumstances exist now or in the future that would constitute a default by Assignor thereunder. 4. This Agreement shall not operate as a waiver of any prohibition against further assignments without the CDC-HA's written consent. 5. By entering into this Agreement, the CDC -HA does not in any manner adopt, accept, approve, or become subject to any of the terms or conditions of any of any agreement between Assignor and Assignee pertaining to the acquisition of Assignor's interests in the Housing Cooperation Agreement. 6. This Agreement shall not operate or be construed as any waiver of any terra, condition, right or remedy of the CDC -HA under the Housing Cooperation Agreement. 7. Nothing in this Agreement shall be construed as revising or amending any non -recourse provisions of the Housing Cooperation Agreement. 81 of 96 Attachment No. 2 8. Assignor hereby assigns to Assignee, effective as of the Effective Date, all of the Assignor's rights, interests, benefits and privileges and all of its obligations in and under the Housing Cooperation Agreement. Assignee hereby accepts the assignment of Assignor's rights and obligations under the Housing Cooperation Agreement from Assignor and acknowledges and represents to the CDC -HA that it will abide by, perform, and assume each and every term, obligation, condition, and restriction including, but not Limited to, each and every responsibility, duty, restriction, and obligation of Assignor set forth in the Housing Cooperation Agreement, whether arising prior to, on, or subsequent to the Effective Date. Assignee further understands that this Agreement includes and hereby agrees to abide by any and all local, state, and federal laws and requirements applicable to the Housing Cooperation Agreement. 9. Subject to and upon the terms and conditions herein the CDC -HA hereby consents to the assignment of Assignor's rights and obligations under the Housing Cooperation Agreement from Assignor to Assignee, provided that this Agreement shall not impose any additional obligations and/or liabilities on the CDC -HA or otherwise affect any ofthe rights of CDC-11A under the Housing Cooperation Agreement. 10, Any notices required by the terms of the Housing Cooperation Agreement shall be sent to Assignee at: Community CAPS, LLC c/o South Bay Community Services 430 F Street, Chula Vista, CA 91910 Attn: President & CEO Facsimile: (619) 420-8722 E-mail: klembo@csbcs.org esbcs.org 11. Except as otherwise set forth herein, the terms and conditions of the Housing Cooperation Agreement shall remain in full force and effect between the parties. In case of an actual or perceived conflict between the terms of the Housing Cooperation Agreement and this Agreement, the terms ofthis Agreement shall govern. 12, The individuals executing this Agreement on behalf of Assignor and Assignee represent that they have full authority to execute this document on behalf ofthe entity for which they are acting herein. 13. This Agreement may be executed in any number of counterparts that, collectively, shall constitute one and the same instrument. Facsimile signatures shall be effective as original signatures with regard to this Agreement. Each party represents to the other that the execution and delivery ofthis Agreement by such party have been properly authorized and that all signatures are genuine, 14. This Agreement shall be governed by and construed in. accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of 82 of 96 Attachment No. 2 California, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the County of San Diego, (Signature page to follow.) 83 of 96 Attachment No. 2 SIGNATURE PAGE TO ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN SOUTH BAY COMMUNITY SERVICES AND COMMUNITY CAPS, LLC For CDC-11A: Dated: The Community Development Commission of the City of National City, acting in its capacity as the Housing Authority of the City of National City By: Brad Raulston, Executive Director Approved as to form: Jennifer K. Gilman CDC -HA Deputy General. Counsel 84 of 96 For Assignor: Dated: For Assignee: Dated: ' / c 'cCJ Attachment No. 2 SOUTH: BAY COMMUNITY SERVICES, a California nonprofit public benefit corporation C Nat athryn Title: Preside> COMMUNITY CAPS, LLC, a California limited liability company By: South Bay Community Services, a California nonprofit public benefit cooration, its Sole Member and maker By: Naive: athr' Lembo Titie!Prest tient and CEO 85 of 96 Attachment No. 2 ACKNOWLEDGEMENT 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 San Diego On c Y1,97. " , 202Q before mefh1 VA Pt' l... R-Aoll Qc:7, tomel , [insert name and title of officer] personally appeared Klk11.4.40 ��m (�t1..... _ , Who proved to the on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signatures) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct. b .�. GIARIA L. RAMIREZ Notary Publlt • California San Diego County / Commission $ 2326640 My Comm, ExplreseMay I, 2Q24 WITNESS my -hand and official seal. Signature [NOTARY SEAL] 86 of 96 Attachment No. 2 ACKNOWLEDGEMENT 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 San Diego On Vii i? / \' , 202D, before me, C+to40-' , [insert name and title of of iced personally appeared. . fG.�. NI j •1 � [ , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to the that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. I. certify under penalty of perjury under the laws of the State of California that the fore going paragraph is true and. correct. WITNESS my hand and off fa seal. Signature d l! f"- Gl©REA1., RAMIREZ Notary Public California San Diego County Commission if 2326649 My Comm. Expires May 1, 202,4 [NOTARY SEAL] 87 of 96 RESOLUTION NO. 2020 - RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION -HOUSING AUTHORITY OF THE CITY OF NATIONAL CITY ("CDC -HA") AUTHORIZING THE EXECUTIVE DIRECTOR TO EXECUTE AN ASSIGNMENT AND ASSUMPTION AGREEMENT BETWEEN SOUTH BAY COMMUNITY SERVICES, COMMUNITY CAPS, LLC AND THE CDC -HA WHEREAS, Assignor is the owner of that certain supportive housing project located in National City, California; and WHEREAS, the Community Development Commission of the City of National City provided assistance in the form of grant to Assignor to finance the acquisition and rehabilitation of the Property pursuant to that certain Housing Cooperation Agreement (recorded in the San Diego County Recorder's Office on April 19, 2000, as Document No. 2000-0202122) which is hereby fully incorporated by reference into this Agreement (the "Housing Cooperation Agreement"); and WHEREAS, the CDC -HA elected to retain the housing assets of and functions previously performed by the Community Development Commission of the City of National City pursuant to California Health and Safety Code Section 34176, and thereby, by operation of law, the Commission assumed the rights and obligations of the Community Development Commission of the City of National City with respect to the Housing Cooperation Agreement; and WHEREAS, Assignor desires to transfer fee title to the Property to Assignee and assign to Assignee all of Assignor's terms, obligations and responsibilities under the Housing Cooperation Agreement to Assignee and Assignee desires to accept fee title to the Property and assume all of the terms, obligations, and responsibilities of Assignor under the Housing Cooperation Agreement from and after the Effective Date of this Agreement; and WHEREAS, Assignee and Assignor have requested that the CDC -HA consent to the assignment of Assignor's interests and obligations in the Housing Cooperation Agreement to Assignee; and WHEREAS, Assignee warrants and represents that it is fully capable and will perform all the terms, obligations, and responsibilities of the Assignor under the Housing Cooperation Agreement; and WHEREAS, the CDC -HA wishes to provide its consent to the assignment of Assignor's interests in the Housing Cooperation Agreement from Assignor to Assignee under the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, the receipt and sufficiency of which are hereby acknowledged, CDC - HA, Assignor, and Assignee agree as follows: 1. The foregoing recitals are true and correct and are hereby incorporated herein by reference. 2. Assignor and Assignee each represent and warrant to the CDC -HA that it has not failed to disclose to the CDC -HA any information which, if known by the CDC -HA, might provide grounds for the CDC -HA to withhold its consent to the assignment of Assignor's rights and obligations under the Housing Cooperation Agreement. 3. Assignor represents and warrants that it is in full compliance with all the terms and conditions of the Housing Cooperation Agreement; and no acts, omissions, or circumstances exist now or in the future that would constitute a default by Assignor thereunder. 88 of 96 Resolution No. 2020 — Page Two 4. This Agreement shall not operate as a waiver of any prohibition against further assignments without the CDC-HA's written consent. 5. By entering into this Agreement, the CDC -HA does not in any manner adopt, accept, approve, or become subject to any of the terms or conditions of any of any agreement between Assignor and Assignee pertaining to the acquisition of Assignor's interests in the Housing Cooperation Agreement. 6. This Agreement shall not operate or be construed as any waiver of any term, condition, right or remedy of the CDC -HA under the Housing Cooperation Agreement. 7. Nothing in this Agreement shall be construed as revising or amending any non -recourse provisions of the Housing Cooperation Agreement. 8. Assignor hereby assigns to Assignee, effective as of the Effective Date, all of the Assignor's rights, interests, benefits and privileges and all of its obligations in and under the Housing Cooperation Agreement. Assignee hereby accepts the assignment of Assignor's rights and obligations under the Housing Cooperation Agreement from Assignor and acknowledges and represents to the CDC -HA that it will abide by, perform, and assume each and every term, obligation, condition, and restriction including, but not limited to, each and every responsibility, duty, restriction, and obligation of Assignor set forth in the Housing Cooperation Agreement, whether arising prior to, on, or subsequent to the Effective Date. Assignee further understands that this Agreement includes and hereby agrees to abide by any and all local, state, and federal laws and requirements applicable to the Housing Cooperation Agreement. 9. Subject to and upon the terms and conditions herein the CDC -HA hereby consents to the assignment of Assignor's rights and obligations under the Housing Cooperation Agreement from Assignor to Assignee, provided that this Agreement shall not impose any additional obligations and/or liabilities on the CDC -HA or otherwise affect any of the rights of CDC -HA under the Housing Cooperation Agreement. 10. Any notices required by the terms of the Housing Cooperation Agreement shall be sent to Assignee at: Community CAPS, LLC C/o South Bay Community Services 430 F Street, Chula Vista, CA 91910 Attn: President & CEO Facsimile: (619) 420-8722 E-mail: klembo@csbcs.org 11. Except as otherwise set forth herein, the terms and conditions of the Housing Cooperation Agreement shall remain in full force and effect between the parties. In case of an actual or perceived conflict between the terms of the Housing Cooperation Agreement and this Agreement, the terms of this Agreement shall govern. 12. The individuals executing this Agreement on behalf of Assignor and Assignee represent that they have full authority to execute this document on behalf of the entity for which they are acting herein. 89 of 96 Resolution No. 2020 — Page Three 13. This Agreement may be executed in any number of counterparts that, collectively, shall constitute one and the same instrument. Facsimile signatures shall be effective as original signatures with regard to this Agreement. Each party represents to the other that the execution and delivery of this Agreement by such party have been properly authorized and that all signatures are genuine. 14. This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, or as close thereto as possible. Venue for this Agreement, and performance under it, shall be the County of San Diego. PASSED and ADOPTED this 6th day of October, 2020. Alejandra Sotelo Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones, City Attorney 90 of 96 The following page(s) contain the backup material for Agenda Item: Community Services Report. (Audrey Denham) Please scroll down to view the backup material. 91 of 96 Item # 10/06/20 Community Services Report (Audrey Denham) 92 of 96 The following page(s) contain the backup material for Agenda Item: Public Safety Report. (Chief Jose Tellez) Please scroll down to view the backup material. 93 of 96 Item # 10/06/20 Public Safety Report (Chief Jose Tellez) 94 of 96 The following page(s) contain the backup material for Agenda Item: City Manager Report. (City Manager) Please scroll down to view the backup material. 95 of 96 Item # 10/06/20 City Manager Report (City Manager) 96 of 96